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 Estonia
Date: 1997-12-12
Institutions: European Commission
Subjects: Estonia, conservation of fish stocks, exchange of information, fishery management, fishing area

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels,  12.12.1997 
COM(97)689  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 Estonia 

(presented  by the Commission) 

EXPLANATORY  MEMORANDUM 

In conformity  with the Agreement  on Fisheries Relations between the European  Community  and 
the  Republic  of  Estonia,  signed  in  Brussels  on  19  December  1996,  consultations  were  held 
between the  Community  and Estonia  in Brussels  on 3-4 November  1997, resulting  in an  Agreed 
Record of conclusions defining  a reciprocal fisheries arrangement for  1998. 

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

z 

Proposal for a 

COUNCIL REGULATION (EC) No 

/98 

of.... December  1997 

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

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, 

Having regard to the proposal from the Commission, 

Whereas,  in  accordance  with  the  procedure  provided  for  in the  Agreement  on  fisheries  relations 
between the European  Community  and the Republic of Estonia  , and in particular Articles 3 and 6 
thereof, the Community and Estonia have held consultations concerning their mutual  fishing  rights 
for  1998 and the management of common living resources; 

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 Estonia; 

Whereas  it  is for  the  Council  to  lay down the specific  conditions under which catches  by  vessels, 
flying the flag of Estonia can be taken; 

Whereas  the  fishing  activities  covered  by  this  Regulation  are  subject  to  the  control  measures 
provided for  by Council  Regulation  (EEC) No 2847/93 of  12 October  1993 establishing  a control 
system applicable to the common fisheries policy  ; 

Whereas Article  3 (2) of Commission Regulation (EEC) No  1381/87 of 20 May  1987  establishing 
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 a document, certified  by a 
competent  authority,  indicating  the  calibration  of  the  tanks  in  cubic  metres  at  10-centimetre 
intervals; 

OJNo  L 389, 31.12.1992, p. 1. Regulation as amended by the  1994 Act of Accession 
OJNoL  332, 20.12.1996, p. 16. 
OJNo  L261, 20.10.1993, p. 1. 
OJNo  L  132, 21.5.1987, p. 9. 

3> 

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

HAS ADOPTED THIS REGULATION: 

Article 1 

1. 
From  1  January  to  31 "December  1998,  vessels  flying  the  flag  of  Estonia  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. Fishing for cod shall be prohibited in the Baltic Sea, the Belts 
and the Sound  from  10 June to 20 August  1998 inclusive. 

Fishing  authorized  under  paragraph  1 shall  be  limited  to  those  parts  of  the  200-nautical-
2. 
mile  fisliing  zone  lying  seawards  of  12-nautical-miles  from  the  baselines  from  which  the  fishing 
zones of Member States are measured and south of 59°30' North. 

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 the zone concerned. 

By-catches  in a given zone of a species for  which  a quota  is established  in that  zone  shall 

4. 
be counted against the quota concerned. 

Article 2 

Vessels fisliing  within the quotas fixed  in Article  1 shall comply with the conservation and 

1. 
control measures and all other provisions governing fishing  in the zone referred to in that Article. 

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

2. 
entered. 

The  vessels  shall  transmit  to  the  Commission,  in  accordance  with  the  rules  laid  down  in 

3. 
Annex III, the information  set out in that Annex. 

4. 
Those  vessels  which  have  chilled  or  refrigerated  sea-water  tanks  shall  keep  on  board  a 
document, certified  by a competent authority, indicating the calibration of the tanks in cubic metres 
at  10-centimetre intervals. 

The registration  letters and numbers of vessels must be clearly marked on the bow of each 

5. 
vessel on both sides. 

wsHmmm^®^\izcmd^teimm<!m 

V 

Article 3 

Fishing  under  the  quotas  fixed  in Article  1 shall  be permitted  only  where  a licence  and  a 
1. 
special  fishing  permit  has  been  issued  by  the  Commission,  on  behalf  of  the  Community,  at  the 
request of the Estonian authorities and in compliance with the conditions set out in Annexes II and 
III. Copies of these Annexes and the licence and the special fishing  permit  shall be kept on board 
of each vessel. 

The vessels to be licensed for fishing in the Community zone during a given month will be  notified 
at the latest  by the  15th day  of the preceding month. The Community  shall  expeditiously  process 
requests for adjustments  to a monthly list during its duration. 

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

2. 
Commission, the following  information  must be supplied: 

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

name of vessel; 
registration number; 
external identification  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 is requested. 

Licences  and  special  fishing  permits  shall  be  issued provided  that  the  number  of  licences 

3. 
valid at any time during a given month or year does not exceed the amount mentioned in Annex I. 

4. 

Only fishing  vessels under 43 metres are authorized to fish. 

Each  licence  and  special  fishing  permit  shall  be  valid  for  one  vessel  only.  Where  two  or 
5. 
more vessels  are taking  part  in the same fishing  operation, each vessel must  be in possession  of a 
licence and special fishing  permit. 

Licences  and  special  fishing  permits  may be  cancelled  with a view  to  the  issuing  of  new 
6. 
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. 

Licences and special fishing  permits shall be wholly or partially withdrawn before  the date 

7. 
of expiry if the respective quotas fixed  under Annex I have been exhausted. 

Licences and special  fishing  permits shall be withdrawn in the event of any failure  to meet 

8. 
the obligations laid down in this Regulation. 

r 

9. 
For a period not exceeding twelve 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,  on  behalf  of  the  Community,  shall  submit  to  Estonia  the  names  and 
characteristics of Estonian vessels which will not be authorized to fish in the Community's fishing 
zone for the next month(s) as a consequence of an infringement of Community rules. 

Article 4 

Vessels  authorised to fish on 31  December may continue fishing as from the beginning  of  next 
year  until  the  list  of  vessels  permitted  to  fish  during  the  year  in  question  is  submitted  to  and 
approved by the Commission on behalf of the Community. 

Article 5 

This Regulation shall enter into force on the day of its publication on 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,.... December 1997. 

For the Council 
The President 

ç 

ANNEX I 

Estonian catch quotas and licences for 1998 

Fishing zone of the Members States of the Community 

>*•*•*#* 

Cod 

Herring 

Sprat 

ICES IIId(1) 

ICESIIId(I) 

ICES IIId(1) 

1,100 

4,000 

4,000 

LUisSïTSsâ; 

}  , 
} 
120(70) 
} 
} 

G) 

(2) 

Beyond  12-nautical-miles  from  the baselines from which the territorial  sea is measured  and  south  of  59°30' 
North. 
The number of licences and special fishing permits valid at any given time is mentioned between brackets. 

^ 

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 logbook immediately after the following events: 

1. 

2. 

3. 

4. 

After  each haul: 
1.1. 
1.2. 
1.3. 
1.4. 

the quantity (in kilograms live-weight) of each species 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: 
2.1. 
2.2. 
2.3. 

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

2.4. 

After  each landing in a port of the Community: 
3.1. 
3.2. 

name of the port; 
the quantity (in kilograms live-weight) of each species landed. 

After  each transmission of information to the Commission of the European Communities: 
4.1. 
4.2. 
4.3. 

date and time of the transmission; 
type of message: IN, OUT, ICES, WKL or 2 WKL; 
in the case of radio transmission: name of the radio station. 

ANNEX  m 

1. 

The  information  to  be  transmitted  to the European  Commission  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 

the information  specified under  1.5; 
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. 

States of the Community which is covered by Community rules on fisheries: 
(a) 
(b) 
(c) 
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. 

1.2.  On each occasion the vessel leaves the zone referred to under 1.1: 

(a) 
(b) 
(c) 

(d) 
(e) 

(f) 

the information  specified under  1.5; 
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  of the vessel to 
which the transfer was made; 
the  quantity  (in  kilograms  live-weight)  of  each  species  landed  in  a  port  of  the 
Community  since the vessel entered the zone. 

Where  the  fisliing  operations  necessitate  more  than  one  entry  into  the  zone  referred  to 
under  1.1  on any given day, one single communication on the last exit will be  sufficient. 

1.3.  At  three-day  intervals,  commencing  on the third  day  after  the vessel first enters  the  zone 
referred  to under  1.1  when fishing  for herring, and at weekly intervals, commencing on the 
seventh day  after  the vessel first enters the zone referred  to under  1.1  when fishing  for  all 
species other than herring: 
(a) 
(b) 

the information  specified under  1.5; 
the  quantity  (in  kilograms  live-weight)  of  each  species  caught  since  the  previous 
transmission; 
the ICES division in which the catches were made. 

(c) 

1.4.  On each occasion the vessel moves from one ICES division to another: 

(a) 
(b) 

(c) 

the information  specified under 1.5; 
the  quantity  (in  kilograms  live-weight)  of  each  species  caught  since  the  previous 
transmission; 
the ICES division in which the catches have been taken. 

_  • 

. 

1.5. 

(a) 

(b) 
(c) 
(d) 
(e) 

The name, call sign, external identification  letters and numbers of the vessel and the 
name of its master; 
the licence number if the vessel is under licence; 
the serial number of the message for the voyage concerned; 
identification  of the type of message; 
the date, the time and the geographical position of the vessel. 

3 

2.1. 

The information  specified  under point  1 shall be transmitted  to the European  Commission 
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  of  force  majeure  for  the message  to  be  transmitted  by  the 
vessel, it may be transmitted on the vessel's behalf by another vessel. 

Name of radio station 

Call sign of radio station 

Blâvand 
Norddeich 

Scheveningen 
Oostende 
North Foreland 
Humber 
Cullercoats 
Wick 
Portpatrick 
Anglesey 
Ilfracombe 
Niton 
Stonehaven 
Portishead 

Land's End 
Valentia 
Malin Head 
Boulogne 
Brest 
Saint-Nazaire 
B ordeaux-Arcachon 
Stockholm 
Gryt 
Gôteborg 
Ronne 
Maarianhamina 
Helsinki 

OXB 
DAFDAK 
DAHDAL 
DAI DAM 
DAJDAN 
PCH 
OST 
GNF 
GKZ 
GCC 
GKR 
GPK  ' 
GLV 
GIL 
GNI 
GND 
GKA 
GKB 
GKC 
GLD 
EJK 
EJM 
FFB 
FFU 
FFO 
FFC 
SDJ 
(no call sign) 
SOG 
OYE 
OHM 
OHG 

Form of the communications 

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

name of vessel; 
call  sign; 

/ )o 

external identification letters and numbers; 
serial number of the message for the voyage in question; 
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  1.1: "OUT", 
message when moving from one ICES division to another: "ICES", 
weekly message: "WKL", 
three-day message: "2 WKL"; 
me date, the time and the geographical position; 
the ICES divisions/sub-areas in which fishing is expected to commence; 
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  live-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; 
the  quantity, (in  kilograms  live-weight)  of  each  species  landed  in  a  port  of  the 
Community since the previous transmission; 
the name of the master. 

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

COD 
SAL 
HER 
SPR 

- 
- 
- 
- 

Cod (Gadus  morhua), 
Salmon (Salmo salar), 
Herring (Clapea harengus), 
Sprat (Sprattus sprattus). 

AA 

ISSN 0254-1475 

COM(97) 689 final 

DOCUMENTS 

EN 

03  04  05  10 

Catalogue  number  :  CB-CO-97-711-EN-C 

ISBN 92-78-29105-6 

Office  for  Official  Publications of the European  Communities 

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