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 Poland
Date: 1997-12-12
Institutions: European Commission
Subjects: Poland, conservation of fish stocks, fishery management, fishing licence, fishing regulations

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels,  12.12.1997 
COM(97) 705  final 

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 Poland* 

(presented by the Commission) 

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 Poland and Sweden in 
1978, the Community, on behalf of Sweden, held consultations with Poland which resulted in 
a reciprocal Fisheries Arrangement for 1998. 

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

si 

Proposal for a 

COUNCIL REGULATION (EC) 1 

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

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 aquaculture1, and in particular Article 8 (4) thereof, 

Having 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 are managed by the Community; 

Whereas,  in  accordance  with  the procedure  provided  for  in the  Agreement  on  fisheries  of 
1 February  1978,  the Community, on behalf of the Kingdom of Sweden, and the Republic of 
Poland have held consultations 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 Poland; 

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

Whereas the fishing  activities  covered  by this Regulation are subject  to the relevant control 
measures  provided  for  by  Council  Regulation  (EEC)  No  2847/93  of  12  October  1993 
establishing a control system applicable to the common fisheries policy2; 

2 

OJ No L 389, 31.12.1992, p.  1. Regulation as amended by the 1994 Act of Accession. 
OJ No L261, 20.10.1993, p. 1. 

b. 

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  vessels3 
provides  that all vessels with chilled  or  refrigerated  sea-water tanks are to keep on board 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, 

HAS ADOPTED THIS REGULATION: 

Article 1 

1. 

2. 

3. 

4. 

1. 

2. 

3. 

From  1 January  to 31 December  1998, vessels flying  the flag  of  Poland  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-mile fishing zone lying seawards of  12-nautical-miles from the baselines  from 
which the fishing zones of Member States are measured. 

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 be counted against the quota concerned. 

Article 2 

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. 

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

The vessels shall transmit to the Commission,  in accordance with the rules laid down 
in Annex HI, the information set out in that Annex. 

O J N o L 1 3 2,  21.5.1987, p. 9. 

k 

4. 

5. 

1. 

2. 

3. 

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. 

Article 3 

Fishing  shall be permitted  only  where a licence  and  a  special  fishing  permit  has  been 
issued  by  the  Commission  on  behalf  of  the  Community  at  the  request  of  the  Polish 
authorities and in compliance with the conditions  set out in Annexes II and HE. Copies 
of  these  Annexes,  the  licence  and  a  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 tenth day of the preceding month.  The  Community 
shall  process  expeditiously  requests  for  adjustments  to  a  monthly  list  during  its 
currency. 

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) 
(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 and a special fishing  permit are requested. 

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

Only fishing vessels under 45 metres will be authorized. 

/ 

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 rie in 
possession of a licence and special fishing permit. 

5~ 

6 

1. 

8. 

9. 

Licences and special fishing permits may be cancelled with a view to the issue of new 
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 of expiry if the respective quotas fixed in Article 1 have been exhausted. 

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 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 shall submit,  on behalf of the Community,  to Poland the names and 
characteristics  of  their  respective  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  authorized to fish on 31 December may continue fishing  as from the beginning of the 
next 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 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, 

December  1998. 

For the Council 
The President 

ANNEX I 

Polish catch quotas for 1998 

Fishing zone of Sweden (i) 

Species 

Herring 
Sprat 
Cod 
Flounder 

Area within which 
fishing is authorized 

Quantity 
(tonnes) 

Number of 
licences 

ICESHId 
ICESmd 
ICES md 
ICES md 

5000 
5 000 
400 
400 

} 
} 
} 

40p> 

(1) 

(2) 

Swedish waters south of 59° 30' North in the Baltic Sea 
A maximum of 3 non-fishing mother ships may also be used simultaneously. 

V 

ANNEX H 

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 m me log-book immediately after the following events: 

1. 
1.1. 
1.2. 
1.3. 
1.4. 

After each haul: 
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. 

2. 
2.1. 
2.2. 
2.3. 

2.4 

3. 
3.1. 
3.2. 

4. 

4.1. 
4.2. 
4.3. 

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

After each landing in a port of the Community: 
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: 
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 HI 

1. 

The  information  to  be  transmitted  to  the  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 States of the Community which is covered by Community rules on  fisheries: 
(a) 
(b) 
(c) 

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. 

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) 

me 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 >vhich the transfer was made; 
the quantity (in kilograms live-weight) of each species landed in a port 
the Community since the vessel entered the zone. 

of 

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  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: 
me information specified under 1.5; 
(a) 
the  quantity  (in  kilograms  live-weight)  of  each  species  caught  since  the 
(b) 
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) 

(a) 

(b) 
(c) 

1.5. 

me 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. 

-

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; 

<3> 

(d) 
(e) 

identification of the type of message; 
me date, me 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 of  force  majeure  for the message  ta 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 
Bordeaux-Arcachon 
Stockholm 
Gryt 
Gôteborg 
Ronne 
Maarianhamina 
Helsinki 

OXB 
DAFDAK 
DAH DAL 
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 

ÀJD 

4. 

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; 
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"; 
the 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. 

- 

5. 

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

COD  - 
SAL  - 
HER  - 
SPR  - 
WHB - 
OTH- 
POK - 
FLE -. 
FLX - 

Cod  (Gadus morhua), 
Salmon (Salmo salar), 
Herring  (Clupea harengus), 
Sprat (Sprattus sprattiis). 
Blue Whiting  (Micromesistiùs poutassou) 
Other 
Saithe  (Pollachius virens) 
Flounder  (Platichthys flesus) 
Flat fish (Pleuronectiformes) 

M 

ISSN 0254-1475 

COM(97) 705 final 

DOCUMENTS 

EN 

03  11  14 

Catalogue number  : CB-CO-97-724-EN-C 

ISBN 92-78-29248-6 

Office  for Official  Publications of the European Communities 

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