Council Regulation (EC) No 58/98 of 19 December 1997 laying down for 1998 certain measures for the conservation and management of fishery resources applicable to vessels flying the flag of Poland
Date: 1997-12-19
Institutions: Council of the European Union
Subjects: Poland, authorised catch, catch quota, fishery management, fishing area, ship's flag

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EN

Official  Journal  of  the  European  Communities

19.  1.  98

COUNCIL  REGULATION  (EC)  No  58/98

of  19  December  1997

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 aquaculture (1), 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  No  2847/93  of  12  October  1993
establishing  a  control  system  applicable  to  the  common
fisheries  policy (2);

Whereas  Article  3(2)  of  Commission  Regulation  (EEC)
No  1381/87  of  20  May  1987  establishing  detailed  rules

(1)  OJ L 389, 31. 12. 1992, p. 1. Regulation as amended by the

1994  Act  of  Accession.

(2)  OJ L 261, 20. 10. 1993, p. 1. Regulation as last amended by
Regulation  (EC)  No  2205/97  (OJ  L  304,  7.  11.  1997,  p.
1).

concerning  the  marking  and  documentation  of  fishing
vessels (3)  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. 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.

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
in  the
shall  be  permitted  within  the 
conservation  measures  in  force  in  the  zone  concerned.

limits  fixed 

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.

(3)  OJ  L  132,  21.  5.  1987,  p.  9.

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

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

3. 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.

4. Only 
authorized.

fishing  vessels  under  45  metres  will  be

4. 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.

5. 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 be in
possession  of  a  licence  and  special  fishing  permit.

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

Article  3

1. 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  III.  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  preceding  month.  The
Community  shall  process  expeditiously  requests  for
adjustments  to  a  monthly  list  during  its  currency.

tenth  day  of 

the 

2. When  an  application  for  a  licence  and  a  special
fishing  permit  is  submitted  to  the  Commission,  the
following  information  must  be  supplied:

(a)  name  of  vessel;

(b) registration  number;

(c)  external  identification  letters  and  numbers;

(d) port  of  registration;

(e)  name  and  address  of  the  owner  or  charterer;

(f)  gross  tonnage  and  overall  length;

(g)  engine  power;

(h) call  sign  and  radio  frequency;

(i)  intended  method  of  fishing;

(j)  intended  area  of  fishing;

(k) species  for  which  it  is  intended  to  fish;

6. 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.

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

fixed 

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

fishing  permits 

special 

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  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 
the
Commission  on  behalf  of  the  Community.

to  and  approved  by 

Article  5

This  Regulation  shall  enter  into  force  on  the  day  of  its
publication  in  the  Official  Journal  of  the  European
Communities.

(l)  period for which a licence and a special fishing permit

are  requested.

It  shall  apply  from  1  January  1998.

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19.  1.  98

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

Done  at  Brussels,  19  December  1997.

For  the  Council

The  President

F.  BODEN

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ANNEX  I

Polish  catch  quotas  for  1998

Fishing  zone  of  Sweden (1)

Species

Area  within  which
fishing  is  authorized

Quantity
(tonnes)

Number  of  licences

Herring
Sprat
Cod
Flounder

ICES  III d
ICES  III d
ICES  III d
ICES  III d

5 000
5 000
400
400

(1)  Swedish  waters  south  of  59°309 North  in  the  Baltic  Sea.
(2)  A  maximum  of  three  non-fishing  mother  ships  may  also  be  used  simultaneously.

40 (2)

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. 

After  each  haul:

1.1. 

the  quantity  (in  kilograms  live-weight)  of  each  species  caught;

1.2. 

the  date  and  the  time  of  the  haul;

1.3. 

the  geographical  position  in  which  the  catches  were  made;

1.4. 

the  fishing  method  used.

2. 

After  each  transshipment  to  or  from  another  vessel:

2.1. 

the  indication  ‘received  from’  or  ‘transferred  to’;

2.2. 

the  quantity  (in  kilograms  live-weight)  of  each  species  transshipped;

2.3. 

the  name,  external  identifications  letters  and  numbers  of  the  vessel  to  or  from  which  the
transshipment  occurred;

2.4. 

transshipment  of  cod  is  not  allowed.

3. 

After  each  landing  in  a  port  of  the  Community:

3.1.  name  of  the  port;

3.2. 

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

4. 

After  each  transmission  of  information  to  the  Commission  of  the  European  Communities:

4.1.  date  and  time  of  the  transmission;

4.2. 

type  of  message:  IN,  OUT,  ICES,  WKL  or  2  WKL;

4.3. 

in  the  case  of  radio  transmission:  name  of  the  radio  station.

(cid:252)
(cid:253)
(cid:254)
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ANNEX  III

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  the  Community  rules  on  fisheries:

(a)  the  information  specified  under  1.5;

(b) the  quantity  (in  kilograms  live-weight)  of  each  species  of  fish  in  the  hold;

(c)  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)  the  information  specified  under  1.5;

(b) the  quantity  (in  kilograms  live-weight)  of  each  species  of  fish  in  the  hold;

(c)  the  quantity  (in  kilograms  live-weight)  of  each  species  caught  since  the  previous  transmission;

(d) the  ICES  division  in  which  the  catches  were  taken;

(e)  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;

(f)  the quantity (in kilograms live-weight) of each species landed in a port of the Community since the

vessel  entered  the  zone.

Where the fishing operations necessitate more than one entry into the zones referred to under 1.1 on a
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)  the  information  specified  under  1.5;

(b) the  quantity  (in  kilograms  live-weight)  of  each  species  caught  since  the  previous  transmission;

(c)  the  ICES  division  in  which  the  catches  were  made.

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

(a)  the  information  specified  under  1.5;

(b) the  quantity  (in  kilograms  live-weight)  of  each  species  caught  since  the  previous  transmission;

(c)  the  ICES  division  in  which  the  catches  have  been  taken.

1.5. 

(a)  The  name,  call  sign,  external  identification  letters  and  numbers  of  the  vessel  and  the  name  of  its

master;

(b) the  licence  number  if  the  vessel  is  under  licence;

(c)  the  serial  number  of  the  message  for  the  voyage  concerned;

(d) identification  of  the  type  of  message;

(e)  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 of force majeure for the message to be transmitted by the vessel, it may
be  transmitted  on  the  vessel’s  behalf  by  another  vessel.

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3.  Name  of  radio  station

Blåvand
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
Göteborg
Rønne
Maarianhamina
Helsinki

Call  sign  of  radio  station
OXB
DAF  DAK
DAH  DAL
DAI  DAM
DAJ  DAN
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

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  divisions/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;

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—  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  —  Cod  (Gadus  morhua),

SAL  —  Salmon  (Salmo salar),

HER  —  Herring  (Clupea  harengus),

SPR  —  Sprat  (Sprattus  sprattus).

WHB  —  Blue  whiting  (Micromesistius  poutassou)

OTH  —  Other

POK  —  Saithe  (Pollachius  virens)

FLE  —  Flounder  (Platichthys  flesus)

FLX  —  Flatfish  (Pleuronectiformes)