Council Regulation (EC) No 48/98 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 the Faroe Islands
Date: 1997-12-19
Institutions: Council of the European Union
Subjects: Faroes, authorised catch, catch quota, fishery management, fishing area, ship's flag

L  12/62

EN

Official  Journal  of  the  European  Communities

19.  1.  98

COUNCIL  REGULATION  (EC)  No  48/98

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  the  Faroe  Islands

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  the  procedure  provided  for
in  Article  2  of  the  Agreement  on  fisheries  between  the
European Economic Community, of the one part, and the
Government  of  Denmark  and  the  Home  Government  of
the  Faroe  Islands,  of  the  other  part (2),  the  Community
and  the  Home  Government  of  the  Faroe  Islands  have
held  consultations  concerning  their  mutual  fishing  rights
for  1998;

in  the  course  of  these  consultations,  the
Whereas, 
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  Community,  the  Faroe  Islands,  Iceland,
the  Russian  Federation  have  held
Norway  and 
consultations  on 
the  management  and  sharing  of
Norwegian  spring-spawning  herring  (Atlanto-Scandian
herring)  in  1998;

Whereas these consultations led, inter alia, to subsequent
arrangements on reciprocal access, under which the Faroe
Islands  may  fish  11 000  tonnes  of  their  share 
in
Community  fishing  waters  north  of  62° N;

Whereas  measures  should  be  taken  to  implement  the
results  of  these  consultations  between  the  Community
and  the  Faroe  Islands  and  thus  prevent  any  interruption
of  mutual  fisheries  relations  as  at  31  December  1997;

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 (3);

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 (4)  provides  that  all  vessels  with  chilled  or
refrigerated  sea-water  tanks  are  to  keep  on  board  a
document  certified  by  a  competent  authority  and
specifying  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. Vessels  registered  in  the  Faroe  Islands  are  hereby
authorized, from 1 January to 31 December 1998, to fish
for  the  species  listed  in  Annex  I,  within  the  geographical
in
and  quantitative 
accordance with this Regulation, in the 200-nautical-mile
fishing  zone  of  the  Member  States  in  the  North  Sea,
Skagerrak,  Kattegat,  the  Baltic  Sea  and  the  Atlantic
Ocean  north  of  43°009N.

laid  down  therein  and 

limits 

2. Fishing  authorized  under  paragraph  1  shall  be
limited,  except  in  the  Skagerrak,  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.

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

1994  Act  of  Accession.

(2)  OJ  L  226,  29.  8.  1980,  p.  11.

(3)  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.).

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

19.  1.  98

EN

Official  Journal  of  the  European  Communities

L  12/63

3. Notwithstanding paragraph 1, unavoidable by-catches
of  species  for  which  no  quota  has  been  fixed  in  a  given
zone shall be permitted within the limits laid down by the
conservation  measures  in  force  in  the  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.

division  VIa  (north  of  56°309N);  4  for  the  fishing  of
herring  in  ICES  division  IIIa  N  (Skagerrak);

(b) 15  for  the  fishing  of  Norway  pout  in  ICES  sub-area
IV  and  division  VIa  (north  of  56°309N)  and  sand-eel
in  ICES  sub-area  IV;

(c)  20 for the fishing, by long line, of ling, tusk and blue
ling  in  ICES  divisions  VIa  (north  of  56°309N)  and
VIb;  however,  the  total  number  of  vessels  allowed  to
fish  simultaneously  shall  not  exceed  10;

Article  2

(d) 16  for  the  fishing,  by  trawl,  of  blue  ling  in  ICES

divisions  VIa  (north  of  56°309N)  and  VIb;

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. The  vessels  shall  transmit  to  the  Commission,  in
accordance  with  the  rules  laid  down  in  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  and  specifying  the  calibration
of  the  tanks  in  cubic  metres  at  10-centimetre  intervals.

(e)  20  for  the  fishing  of  blue  whiting  in  ICES  sub-area
VII  (west  of  12°009W) and ICES divisions VIa (north
of  56°309N)  and  VIb;

(f)  3  for  the  fishing,  by  long-line,  of  porbeagle  in  the
whole Community zone with the exception of NAFO
3PS.

(g)  21  for  the  fishing  of  herring  in  ICES  division  IIa,
(north of 62° N). Requests for replacement of licenses
and  special  fishing  permits  within  this  maximum
number  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)  name  of  the  vessel;

(b) registration  number;

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

(c)  external  identification  letters  and  numbers;

(d) port  of  registration;

Article  3

1. Fishing shall be permitted only where a licence and a
special  fishing  permit  issued  by  the  Commission  on
behalf  of  the  Community  and  in  compliance  with  the
conditions  set  out  in  Annexes  II  and  III.

(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;

2. Licences and special fishing permits shall be issued for
the purposes of paragraph 1 provided that the number of
licences  and  special  fishing  permits  valid  on  any  one  day
does  not  exceed:

(a)  14  for  the  fishing  of  mackerel  in  ICES  divisions  VIa
(north  of  56°309N),  VIIe,  f  and  h,  sprat  in  ICES
sub-area  IV  and  division  VIa  (north  of  56°309N),
horse-mackerel in ICES sub-area IV and divisions VIa
(north of 56°309N), VIIe, f and h and herring in ICES

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

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

is  requested.

4. 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.

L  12/64

EN

Official  Journal  of  the  European  Communities

19.  1.  98

5. 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.

6. 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 

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

fishing  permits 

special 

8. 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.

9. The  Commission  shall  submit,  on  behalf  of  the
Community,  to  the  Faroe  Islands,  the  names  and
characteristics  of  the  Faroese  vessels  which  will  not  be
authorized  to  fish  in  the  Community’s  fishing  zone
during  the  next  month(s)  as  a  consequence  of  an
infringement  of  Community  rules.

Article  4

Fishing in the Skagerrak shall be subject to the following
conditions:

1.  direct  fishing  for  herring  for  purposes  other  than

human  consumption  shall  be  prohibited;

2.  the  use  of  trawls  and  purse  seines  for  the  capture  of
pelagic  species  shall  be  prohibited  from  Saturday
midnight  to  Sunday  midnight.

Article  5

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  6

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,  19  December  1997.

For  the  Council

The  President

F.  BODEN

19.  1.  98

EN

Official  Journal  of  the  European  Communities

L  12/65

ANNEX  I

Faroese  catch  quotas  for  1998

1.  Quotas  for  Faroese  vessels  fishing  in  Community  fishing  waters

Species

Fishing  zone:  ICES
sub-area/division

Quantity
(tonnes)

Ling,  tusk,  blue  ling

Blue  ling

Mackerel

Herring

Horse  mackerel

Norway  pout
Sprat
Sandeel

Blue  whiting

Other  white  fish
(by-catches  only)

Herring

Porbeagle

VIa (1),  VIb

VIa (1),  VIb

VIa (1),  VIIe,  f,  h

VIa (1)

IV,  VIa (1),  VIIe,  f,  h

IV,  VIa (1)
IV,  VIa (1)
IV

VIa (1),  VIb,  VII (2)

IV,  VIa (1)

IIIa  N  (Skagerrak) (3)

Entire  Community  zone
except  NAFO  3PS

800 (4) (5)

940 (6)

4 680 (7)

660

7 000

20 000 (8)

62 000 (9)

400

500

125 (4)

(1)  North  of  56°309N.
(2)  West  of  12°009W.
(3)  Limited  in  the  west  by  a  line  drawn  from  the  lighthouse  of  Hanstholm  to  the  lighthouse  of  Lindesnes  and  in  the
south  by  line  drawn  from  the  lighthouse  of  Skagen  to  the  lighthouse  of  Tistlarna  and  from  there  to  the  nearest
coast  of  Sweden.

(4)  To  be  fished  by  long-line.
(5)  Of which an incidental catch of other species of 20 % per ship, at any moment, is authorized in ICES divisions VIa
and b. However, this percentage may be exceeded in the first 24 hours following the beginning of the fishing on a
specific  ground.  The  total  incidental  catch  of  other  species  in  VIa  and  b  may  not  exceed  75  tonnes.

(6)  To  be  fished  by  trawl;  by-catches  of  roundnose  grenadier  and  black  scabbard  to  be  counted  against  this  quota.
(7)  Of  which  1 000  tonnes  may  be  fished  from  1  October  to  31  December  1998  in  Community  waters  of  ICES

division IVa

(8)  The  overall  quota  (including  for  Norway  pout  and  sandeel,  unavoidable  by-catches  of  blue  whiting)  includes  a
maximum of 2 000 tonnes of sprat. A maximum of 6 000 tonnes of Norway pout may be fished in ICES division
VIa  north  of  56°309N  subject  to  the  provision  on  request  by  the  Community  of  details  of  the  quantity  and
composition  of  any  by-catch  taken.

(9)  Unavoidable  by-catches  of  Argentine  to  be  counted  against  this  quota.

2.  Quotas  for  Faroese  vessels  fishing  in  Greenland  waters  according  to  Article  1  (3)  of  the  EC/Greenland

Fisheries  Protocol (1)  (shown  for  information  only)

Species

Fishing  zones:
ICES  division  or
NAFO  sub-area

Northern  deep-water  prawns
(Pandalus  borealis)

Greenland  halibut

Redfish

Capelin

(1)  OJ  No  C  287,  15.  10.  1994,  p.  11.

XIV/V

NAFO  0/1
XIV/V

XIV/V

XIV/V

Quantity
(tonnes)

1 150

150
150

500

10 000

(cid:252)
(cid:253)
(cid:254)
L  12/66

EN

Official  Journal  of  the  European  Communities

19.  1.  98

3.  Norwegian  spring-spawning  herring  (Atlanto-Scandian  herring)

Species

Fishing  zones:
ICES  division  or
NAFO  sub-area

Herring

IIa

Quantity
(tonnes)

11 000

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  transhipment  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  transhipped;

2.3. 

the name, external identification letters and numbers of the vessel to or from which the transhipment
occurred.

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.

19.  1.  98

EN

Official  Journal  of  the  European  Communities

L  12/67

ANNEX  III

1. 

The  information  to  be  transmitted  to  the  Commission  of  the  European  Communities  and  the
timetable  for  its  transmission  are  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)  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 zones 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  zones  referred  to
under 1.1 when fishing for herring and mackerel, 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  and  mackerel:

(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  serial  number  of  the  message  for  the  voyage  concerned;

(c)  identification  of  the  type  of  message;

(d) 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.

L  12/68

EN

Official  Journal  of  the  European  Communities

19.  1.  98

3.  Name  of  radio  station

Call  sign  of  radio  station

Skagen
Blåvand
Rønne
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
Thorshavn
Bergen
Farsund
Florø
Rogaland
Tjøme
Ålesund

OXP
OXB
OYE
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
OXJ
LGN
LGZ
LGL
LGQ
LGT
LGA

4. 

Form  of  the  communications

The  information  specified  under  point  1  shall  contain  the  following  particulars,  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;

19.  1.  98

EN

Official  Journal  of  the  European  Communities

L  12/69

—  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:

PRA  —  Northern  deep-water  prawn  (Pandalus borealis),

HKE  —  Hake  (Merluccius  merluccius),

GHL  —  Greenland  halibut  (Reinhardtius  hippoglossoides),

COD  —  Cod  (Gadus  morhua),

HAD  —  Haddock  (Melanogrammus aeglefinus),

HAL  —  Halibut  (Hippoglossus  hippoglossus),

MAC  —  Mackerel  (Scomber  scombrus),

HOM  —  Horse-mackerel  (Trachurus  trachurus),

RNG  —  Roundnose  grenadier  (Coryphaenoides  rupestris),

POK  —  Saithe  (Pollachius  virens),

WHG  —  Whiting  (Merlangus  merlangus),

HER  —  Herring  (Clupea  harengus),

SAN  —  Sand-eel  (Ammodytes  spp.),

SPR  —  Sprat  (Sprattus  sprattus),

PLE  —  Plaice (Pleuronectes  platessa),

NOP  —  Norway  pout  (Trisopterus  esmarkii),

LIN  —  Ling  (Molva molva),

PEZ  —  Shrimp  (Panaeidae),

ANE  —  Anchovy  (Engraulis encrasicholus),

RED  —  Redfish  (Sebastes  spp.),

PLA  —  American  plaice  (Hippoglossoides  platessoides),

SQX  —  Squid  (Illex  spp.),

YEL  —  Yellowtail  flounder  (Limanda  ferruginea),

WHB  —  Blue  whiting  (Micromesistius  poutassou),

TUN  —  Tuna  (Thunnidae),

BLI  —  Blue  ling  (Molva dypterygia),

USK  —  Tusk  (Brosme  brosme),

DGS  —  Dogfish  (Squalus  acanthias),

BSK  —  Basking  shark  (Cetorinhus  maximus),

POR  —  Porbeagle  (Lamma  nasus),

SQC  —  Common  squid  (Loligo  spp.),

POA  —  Atlantic  pomfret  (Brama brama),

PIL  —  Sardine  (Sardina pilchardus),

CSH  —  Common  shrimp  (Crangon  crangon),

LEZ  —  Megrim  (Lepidorhombus  spp.),

MNZ  —  Angler/Monk  (Lophius  spp.),

NEP  —  Norway  lobster  (Nephrops  norvegicus),

POL  —  Pollack  (Pollachius pollachius),

ARG  —  Argentine  (Argentina  sphyraena),

OTH  —  Other.