Proposal for a Council Regulation (EC) laying down, for 1998, certain measures for the conservation and management of fishery resources applicable to vessels flying the flag of the Russian Federation
Date: 1997-12-12
Institutions: European Commission
Subjects: Russia, conservation of fish stocks, fishery management, fishing licence, fishing regulations

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels,  12.12.1997 
COM(97) 703 final 

Proposal  for a 

COUNCIL REGULATION  (EO 

laying down, for 1998, certain measures for the conservation and management of fishery 
resources applicable to vessels flying the flag of the Russian Federation 

(presented by the Commission) 

I 

EXPLANATORY  MEMORANDUM 

In accordance  with  the  Act  of  Accession  of Austria,  Finland  and  Sweden,  the  fisheries 
agreements  concluded  by  these  countries  with  third  countries  shall  be  managed  by  the 
Community. 

On  the  basis  of  the  bilateral  Fisheries  Agreement  concluded  between  the  Russian 
Federation and Sweden in  1992, the Community, on behalf of Sweden, held consultations 
with  the  Russian  Federation  which  resulted  in  a  reciprocal  Fisheries  Arrangement  for 
1998. 

The purpose  of this  proposal  for  a regulation  is to  authorise  Russian  vessels to  fish  the 
quotas  allocated  to  them  for  1998  in  Community  waters,  in accordance  with  the  above 
mentioned  reciprocal arrangements. 

-I 

Proposal  for a 

COUNCIL  REGULATION  (EC) No 

/98 

of 

1997 

laying down, for  1998, certain measures for the conservation  and management  of  fishery 
resources applicable to vessels flying the flag of the Russian  Federation 

THE COUNCIL  OF THE EUROPEAN  UNION, 

Having regard to the Treaty  establishing the European  Community, 

Having  regard  to  Council  Regulation  (EEC)  No  3760/92  of  20  December  1992 
establishing  a Community  system  for  fisheries  and aquaculture  ', and  in particular  Article 
8 (4) thereof, 

1 laving  regard  to the proposal  from  the  Commission, 

Whereas,  in  accordance  with  Article  124  of  the  1994  Act  of  Accession,  fisheries 
agreements  concluded  by  the  Kingdom  of  Sweden  with  third  countries  arc  managed  by 
the  Community; 

Whereas,  in  accordance  with  the  procedure  provided  for  in  Article  3 of  the  agreement  on 
fisheries  ol* 1  1 December  1992  concluded  between  the  (iovernment  of  the  Kingdom  o\' 
Sweden  and  the  Government  of the  Russian  Federation,  the  Community,  on  behalf  of  the 
Kingdom  of  Sweden,  held  consultations  with  the  Russian  federation  concerning  their 
mutual  fishing  rights for  1998; 

Whereas,  in  the  course  of  these  consultations,  the  delegations  agreed  to  recommend  to 
their  respective  authorities  that  certain  catch  quotas  for  1998  should  be  fixed  for  the 
vessels of the other  Party; 

Whereas  the  necessary  measures  should  be  taken  to  implement,  for  1998,  the  results  of 
the consultations held with the Russian  Federation; 

Whereas  it  is for  the  Council  to  lay  down  the  specific  conditions  under  which  catches  by 
vessels  Hying the flag of the Russian  Federation  must be taken; 

Whereas  the  fishing  activities  covered  by  this  Regulation  are  subject  io  the  relevant 
control  measures  provided  for  by  Council  Regulation  (FFC)  No  2847/9.1  o(  12  October 
1993 establishing  a control  system  applicable  to the common  fisheries  policy  2; 

Where;--  Article  3  (2)  of  Commission  Regulation  (1<1<C) No  1381/87  of  20  May  1987 
esLa  IL  ling detailed  rules concerning the marking  and  documentation  of  fishing  vessels •* 
provides  that  all  vessels  with  chilled  or  refrigerated  sea-water  tanks  are  to  keep  on  board 

1 

' 

OJ  No  l, 389, 31.12.1992, p.  1  Regulation  as amended  by the  1994 Act  of  Accession. 

CXI No  I. 261,20.10.1993,  p. 1 
O J N o l,  132, 21.5.1987,  p. 9 

3 

a document certified  by a competent authority and indicating the calibration  of the tanks 
in cubic metres at  10-centimetre intervals; 

Whereas, for  imperative  reasons  of common  interest,  this Regulation  will  apply  from  1 
January  1998, 

1 IAS ADOPTED THIS REGULATION: 

Article 1 

1. 

From  1 January  to  31  December  1998,  vessels  flying  the  flag  of  the  Russian 
Federation are hereby authorized to fish for the species listed in Annex I, within the 
geographical  and  quantitative  limits laid  down therein  and  in accordance  with  this 
Regulation,  in  the  200-nautical-mile  fishing  zone  of  the  Member  States  in  the 
Baltic Sea. 

2. 

Fishing  authorized  under  paragraph  1 shall  be  limited  to  those  parts  of  the  200-
nautical-mile  fishing  zone  lying  seawards  of  12-nautical-miles  from  the  baselines 
from  which the fishing  zones of Member States are measured. 

3.  Notwithstanding  paragraph  1,  unavoidable  by-catches  of  a  species  for  which  no 
quota  is  established  in  a  zone  shall  be  permitted  within  the  limits  fixed  in  the 
conservation  measures  in force  in Hie zone concerned. 

4. 

By-catches  in a given zone of a species  for which a quota  is established  in that  zone 
shall  be counted against  the quota concerned. 

Article 2 

1.  Vessels  fishing  within  the  quotas  fixed  in  Article  1  shall  comply  with  the 
conservation and control  measures and all other provisions  governing  fishing  in the 
zones referred  to in that Article. 

2. 

The vessels shall keep a log-book in which the information  set out in Annex II shall 
be entered. 

3.  Vessels shall transmit to the Commission,  in accordance with the rules  laid down in 

Annex III, the information  set out  in that Annex. 

4. 

5. 

Those  vessels  which  have  chilled  or  refrigerated  sea-water  tanks  shall  keep  on 
board  a document  certified  by a competent  authority  and  indicating  the  calibration 
of the tanks in cubic metres at  10-centimetre intervals. 

The  registration  letters  and  numbers  of  the  vessels  must  be  clearly  marked  on  the 
bow of each vessel on both sides. 

Ç 

Article  3 

1. 

Vessels  fishing  for  the  species  listed  in  Annex  I  must  hold  a  licence  and  special 
fishing  permit  issued  by  the  Commission  on  behalf  of  the  Community  and  must 
observe the conditions  as established  by that licence and special  fishing  permit. 

The  Russian  authorities  shall notify  the  Commission  of the name  and  characteristics 
of the vessels  for  which  licences  and  special fishing  permits  may  be  issued. 

2. 

The  Commission  shall  issue  the  licences  and  special  fishing  permits  referred  to  in 
paragraph  1 to  all  vessels  for  which  a licence  and  special  fishing  permit  is  required 
by  the Russian  authorities. 

Requests  for  amendments  to  the  list  of  vessels  issued  with  a  licence  and  a  special 
fishing  permit  may  be made  at any  time and  shall be processed  expeditiously. 

3.  When  an  application  for  a  licence  and  a  special  fishing  permit  is  submitted  to  the 

Commission,  the  following  information  must  be  supplied: 

(a) 
(b) 
(c) 
(d) 
(e) 
(I) 
(g) 
(h) 
(i) 
(j) 
(k) 
(1) 

name  of  vessel; 
registration  number; 
external  kfentification  letters  and  numbers; 
port  of  registration; 
name  and  address  of  the owner  or  charterer; 
gross  tonnage  and  overall  length; 
engine  power; 
call  sign  and  radio  frequency; 
intended  method  of  fishing; 
intended  area  of  fishing; 
species  for  which  it  is  intended  to  fish; 
period  for  which  a licence  and  a special  fishing  permit  are  requested. 

4. 

5. 

6. 

Licences-and  special  fishing  permits  shall  be  issued  provided  that  the  number  oi~ 
licences  and  special  fishing  permits  valid  at  any  time  during  a given  month  or  year 
does  not exceed  the  amounts  mentioned  in Annex  I. 

Each  licence  and  special  fishing  permit  shall  be  valid  for  one  vessel  only.  Where 
two  or  more  vessels  are  taking  part  in  the  same  fishing  operation,  each  vessel  must 
he  in possession  of  a licence  and  special  fishing  permit. 

Licences  and  special  fishing  permits  may  be  cancelled  with  a  view  to  the  issue  of 
licences  and  special  fishing  permits.  Such  cancellations  shall  take  effect  on  the 
day  before  the  date  of  issue  of  the  new  licences  and  special  fishing  permits  by  the 
Commission.  New  licences  and  special  fishing  permits  shall  take  effect  from  their 
date of  issue. 

7. 

Licences  and  special  fishing  permits  shall  be  wholly  or  partially  withdrawn  before 
the date  of  expiry  if the  respective  quotas  fixed  in Article  1 have been  exhausted. 

r 

8. 

9. 

Licences  and  special  fishing  permits  shall be withdrawn  in the event of any  failure 
to meet the obligations laid down in this Regulation. 

For  a period  not  exceeding  12 months,  no licence  and  special  fishing  permit  shall 
be  issued  for  any  vessel  in  respect  of  which  the  obligations  laid  down  in  this 
Regulation have not been met. 

10.  The  Commission  shall  submit,  on  behalf  of  the  Community,  to  the  Russian 
authorities  the  names  and  characteristics  of  Russian  vessels  which  will  not  be 
authorized  to fish in the  Community's fishing  zone for  the ensuring  month(s)  as a 
consequence of an infringement  of Community rules. 

Article 4 

Vessels authorized  to fish on 31 December may continue fishing  as from  the beginning of 
the  following  year  until  the  lists  of  vessels  permitted  to fish during  the year  in  question 
are submitted  to, and approved by, the Commission on behalf of the Community. 

Article 5 

This  Regulation  shall  enter  into  force  on the day  following  that  of  its  publication  in the 
Official  Journal of the European Communities.  It shall apply from  1  January  1998. 

This  Regulation  shall  be  binding,  in  its  entirety  and  directly  applicable  in  all 
Member States. 

Done at Brussels, 

1997 

For the Council 
The President 

C 

ANNEX I 

Catch quotas to the Russian Federation for 1998 

Fishing zone of Sweden (1) 

Species 

Area within which 
fishing is authorised 

(tonnes) 

Number of licences 

Herring 

ICES Hid 

3,000 

2 0( 2) 

(1) 
(2) 

Swedish waters south of 59°30' North in the Baltic Sea 
A maximum of five non fishing mother ships may ate# be used sHnuka»e©usly 

7 

ANNEX  II 

When  fishing  within  the  200-nautical-mile  zone  off  the  coasts  of  the  Member  States  of 
the  Community  which  is  covered  by  Community  rules  on  fisheries,  the  following  details 
are to be entered  in the  log-book  immediately  after  the following  events: 

1. 
1.1. 
1.2. 
1.3. 
1.4. 

2. 
2.1. 
2.2. 
2.3. 

2.4. 

After  each haul: 
the quantity  (in kilograms  live-weight) of each specie  caught; 
the date and the time of the haul; 
the geographical  position  in which the catches were made; 
the  fishing  method  used. 

After  each transhipment  to or from  another vessel: 
the  indication  "received  from"  or "transferred  to"; 
the quantity  (in kilograms  live-weight)  of each species  caught; 
the name, external  identification  letters and  numbers  of the vessel  to or  from  which 
the transhipment  occurred; 
transhipment  of cod  is not  allowed. 

After  each  landing  in a port  of the  Community: 

3. 
3.1.  name  of the  port; 
3.2. 

the quantity  (in  kilograms  live-weight)  ol'each  species landed. 

4. 

After  each  transmission  of  information,  via  the  relevant  Swedish  Authorities,  to  the 
liuropean  Commission: 

4.1.  dale and  time of the  transmission; 
4.2. 
4.3. 

type of message: "IN", "OUT", or "TWO  WIWKS"; 
in the case of radio  transmission:  name of the radio  station. 

<? 

ANNEX HI 

1. 

The  information  to  be  transmitted  to  the  Commission  via  the  relevant  Swedish 
Authorities and the timetable for  its transmission is as follows: 

1.1.  On each occasion  the vessel  enters the 200-nautical-mile  zone off  the coasts  of  the 
Member  States  of  the  Community  which  is  covered  by  Community  rules  on 
fisheries: 
the information  specified  under  1.4.; 
the quantity (in kilograms live-weight) of each species of fish in the hold; 
the date and ICES division within which the master intends to commence  fishing. 
Where the fishing  operations necessitate more than one entry  into the zone  referred 
to under  1.1  on a given day, one communication shall suffice  on first  entry. 

(a) 
(b) 
(c) 

1.2.  On each occasion the vessel  leaves the zone referred  to under  1.1: 
(a) 
(b) 
(c) 

the information  specified  under  1.4; 
the quantity  (in kilograms  live-weight) of each species of fish in the hold; 
the  quantity  (in  kilograms  live-weight)  of  each  species  caught  since  the  previous 
transmission: 
the ICES division  in which the catches were taken; 
the  quantity  (in  kilograms  live-weight)  of  each  species  transferred  to  and/or  from 
other vessels since the vessel entered  the zone and the identification  oi the vessel  to 
which the transfer  was made; 
Where  the  fishing  operations  necessitate  more  than  one  entry  into  the  zones 
referred  to under  1.1 on any given day,  one  single  communication  on the  last  exit 
shall  suffice. 

(d) 
(e) 

1.3  At  fourteen-day  intervals,  commencing  on  the  fourteenth  day  after  the  vessel first 

enters the zone referred  to under  1.1: 
the information  specified  under  1.4; 
the  quantity  (in  kilograms  live-weight)  of  each  species  caught  since  the  previous 
transmission; 
the ICES division  in which the catches were made. 

(a) 
(b) 

(c) 

1.4. 
(a)  The name, call sign, external identification  letters and numbers of the vessel; 
(b) 
(c) 
(d) 

the licence number if the vessel is under licence; 
identification  of the type of message (IN/OUT/TWO WEEKS); 
the date, the time and the geographical position of the vessel. 

2.1.  The information  specified  under  point  1 shall be transmitted  to the Commission  of 
the European  Communities  in Brussels  (telex 24189 FISEU-B) via one of the  radio 
stations listed under point 3 below and in the form  specified  under point 4. 

2.2.  If it  is impossible for  reasons oi force  majeure  for  the message  to be transmitted  by 

the vessel,  it may be transmitted  on the vessel's behalf by another  vessel. 

9 

3. 

N-ame @f radio wkaâkm 

Call  sjgn of  radio station : 

Stockholm 
Gryt 
Ma«riwÉi«i»tea 
Hafewfci 

SDJ 
(ne cafi «g«n) 
OHM 
OHG 

4. 

Form  of the  communications 

The  information  specified  under  point  1 shall  contain  the  following  elements  which 
shall  be given  in the following  order: 

- 

- 
- 
- 

- 

- 
- 

two weeks  message: "TWO  WEEKS"; 

name of  vessel; 
call  sign; 
external  identification  letters and  numbers; 
indication  of the  type of message  according  to the  following  code: 
-  message  when  entering  one of the zones referred  to under  1.1.: "IN", 
-  message  when  leaving  one of the zones referred  to under  1. i.: "01 IT", 
- 
the date,  the time  and  the geographical  position; 
the date  on  which  fishing  is expected  to commence; 
the  quantity  (in  kilograms  live-weight)  of  each  species  of  fish  in  the  hold  using 
the code  mentioned  in point  5; 
the  quantity  (in  kilograms  live-weight)  of  each  species  of  fish  caught  since  the 
previous  transmission  using  the code mentioned  in point  5; 
the  ICES division/sub-areas  in which  the catches  were  made; 
the  quantity  (in  kilograms  livc-weight)  of  each  species  transferred  to  and  or 
from  other  vessels  since  the  previous  transmission; 
the  name  and  call  sign  of  the  vessel  to  and/or  from  which  the  transfer  was 
made. 

5. 

'fhe  code  to be  used  to  indicate  the  species  on  board  as  mentioned  in point  4  above: 

COD 
SAL 
HER 
SPR 
OTH 

- 
- 
- 
- 
- 

Cod  (Gadus  morhua), 
Salmon  (Salmo  salar), 
Herring  (Clupea  harengus), 
Sprat  (Sprattus  sprattus), 
Other 

/o 

ISSN 0254-1475 

COM(97) 703  final 

DOCUMENTS 

EN 

03  11  14 

Catalogue number  : CB-CO-97-722-EN-C 

ISBN  92-78-29226-5 

Office  for Official  Publications of the European Communities 

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//