Proposal for a Council Regulation (EC) laying down, for 1999, certain measures for the conservation and management of fishery resources applicable to vessels flying the flag of the Faroe Islands
Date: 1998-12-15
Institutions: European Commission
Subjects: Faroes, catch quota, conservation of resources, fishery management, fishing licence

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 15.12.1998 
COM(1998) 762  final 

Proposal fora 

COUNCIL REGULATION (EC) 

laying down, for 1999, certain measures for the conservation and management 
of fishery resources applicable to vessels flying the flag of the Faroe Islands 

(presented by the Commission) 

EXPLANATORY MEMORANDUM 

The  consultations  between  the  Community  and  the  Faroe  Islands,  held  in  Brussels  on  3  and 
4 November  1998, resulted  in  an  agreement  on  reciprocal  fisheries  arrangements  for  1999.  These 
arrangements imply, inter alia, certain catch quotas for Faroese vessels in Community waters. 

Furthermore, the relevant coastal States, i.e. the Community, the Faroe Islands, Iceland, Norway and 
the  Russian  Federation,  held  consultations  on  the  management  of  Atlanto-Scandian  herring  in 
Reykjavik on 6-7 October 1998.  These consultations led, inter alia, to reciprocal access arrangements, 
under  which  the  Faroe  Islands  will  be  entitled  to  fish  11,000 tonnes  of  their  share  in  Community 
fishing  waters. 

The purpose of the proposed regulation is to authorize Faroese vessels to fish, as from 1 January 1999, 
the quotas  allocated to  them  in  Community fishing waters  for  1999, in  accordance  with  the  above 
mentioned arrangements. 

Proposal for a 

x 

COUNCIL REGULATION (EC) No.—J99 

of.... December 1998 

laying down, for  1999, 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  estabhshing  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^,  the  Community  and  the  Home 
Government  of the Faroe Islands have held  consultations  concerning  their mutual fishing rights for 
1999; 

Whereas, in the course of these consultations, the delegations agreed to recommend to their respective 
authorities that certain catch quotas for 1999 should be fixed for the vessels of the other party; 

Whereas,  the  Community,  the  Faroe  Islands,  Iceland,  Norway  and  the  Russian  Federation,  held 
consultations  on  the  management  and  sharing  of  Norwegian  spring-spawning  herring  (Atlanto-
Scandian herring) in 1999; 

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 die Faroe Islands and thus prevent any interruption of mutual fisheries relations as at 
31 December 1998; 

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  estabhshing  a control 
system applicable to the common fisheries policy*3*; 

( 1) 

® 

(3) 

OJ No L 389,31.12.1992, p. 1. Regulation as last amended by Regulation (EC) 1181/98 (O.J. N° L164,9.6.1998, 
P-l). 

OJNoL226,29.8.1980,p.ll. 

OJ No  L  261, 20.10.1993,  p.  1.  Regulation as  last amended by  Regulation  (EQ  2205/97  (OJ.  N°  L 304, 
7.1:1.1997, p. 1). 

Whereas Article 3 (2) of Commission Regulation (EEC) No  1381/87 of 20 May  1987 establishing 
detailed rales concerning the marking sad doctsmentation of lashing vessels^ 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 1999, 

HAS ADOPTED THIS REGULATION: 

Article! 

1. 

2. 

3. 

4. 

1. 

2. 

3. 

4. 

5. 

Vessels registered in the Faroe Islands are hereby authorized, from 1  January to 31 December 
1999, 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 North Sea, Skagerrak, Kattegat, the Baltic Sea and the Atlantic 
Ocean north of 43°00'N. 

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. 

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. 

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 
10, me information set out in that Annex. 

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. 

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

w 

OJ No L 132,21.5.1987, p. 9. 

Article 3 

1. 

2. 

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

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°30'N), Vile, f and h, 
horse-mackerel in ICES sub-area IV and divisions Via (north of 56°30rN), Vile, f and 
h and herring in ICES division Via (north of 56°30'N); 4 for the fishing of herring in 
ICES division ma N (Skagerrak); 

(b) 

(c) 

15  for the fishing of Norway pout and sprat in ICES  sub-area IV  and division Via 
(north of 56°30'N) and sand-eel in ICES sub-area IV including unavoidable by-catches 
of blue whiting; 

20 for the fishing of ling and tusk; ; however, the total number of vessels allowed to 
fish  simultaneously shall not exceed 10; 

(d) 

16 for the fishing of blue ling 

(e) 

(f) 

(g) 

20 for the directed fishing of blue whiting in ICES sub-area VII (west of 12°00'W) and 
ICES divisions Via (norm of 56°307^ and VIb; 

3  for the fishing, by  long-line, of porbeagle  in the whole  Community zone with the 
exceptionof NAFO 3PS. 

21  for  the fishing of  herring  in  ICES  division  Ha,  (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) 
(b) 
(c) 
(d) 
(e) 
(f) 
(g) 
(h) 
(i) 
(j) 
(k) 
(1) 

name of the 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 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. 

5. 

6. 

7. 

8. 

9. 

Licences and special fishing permits may Jbe 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 aew  licences .and  cçizM  £±iLg  ps».*j£is \j  JLc Cojuzisskv.  New  ^cences  mc 
' special fishing permits shall take effecc firoja >ieir date of issut. 

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  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. 

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. 

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

Article 4 

1. 

2. 

direct fishing for herring for purposes other than human consumption shall be prohibited; 

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  to  and 
approved by the Commission on behalf of the Community. 

Article 6 

This  Regulation  shall  enter  into  force  on  the  day  of  tis'-publication  in  the  Officialjournalof 
European Communities. 

the 

It shall apply from 1 January 1999. 

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

Done aj Brussels,.;.. December 1998. 

For the Council 
The President 

ANNEXI-  ,,•• 

Faroese catch quotas for 1999 

1. 

Quotas for Faroese vessels fishing in Community fishing waters 

i

(i) 
I 
(2) 
(3) 

0) 

«9 

m 

Blue ling 

Mackerel 

Herring' 

VIa(1),VIb 

VIa(1), VHe, f, h 

VIa(1) 

940 

(6) 

4,680 

660 

IV, VIa(l), VHe, $ h 

7,000 

Horse mackerel 

Norway pout 
Sprat 
Sandeel 
Blue whiting 

Other white 
(by-catches only) 
Herring 
Porbeagle 

IV,VTa(l) 
IV,VIa(1) 
IV 
VIa(1), VIb, VH(2) 
IV,VIa(1) 

fish 

ma N (Skagerrak)(3> 
Entire Community zone 
except NAF0 3PS 

20,000 
62,000 
400 

500 
125 

(7) 

(8) 

(4) 

. 

; 

1 

1 

North of s r cm 
Westofl2°00,W. 
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 me lighthouse of  Skagen to the lighthouse of Tistlama and from there to the nearest coast of 
Sweden. 
To be fished by long-line. 
Of which an incidental catch of other species of 20% per ship, at any given time, is authorized in ICES divisions Via 
and b. However, mis 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. 
To be fished by trawl; by-catches of roundnose grenadier and black scabbard to be counted against this quota. 
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 
norm of S6°30N subject to the provision on request by me Community of details of the quantity and composition of 
any by-catch taken. 
Catches of blue whiting may include unavoidable by-catches of argentine. The by-catch rule shall only be enforced 
24 hours after fishing has commenced. In the case of a campaign snorter man 24 hours, the by-catch rule shall apply 
before me vessel leaves the fishing grounds. 

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

EC/Greenland Fisheries Protocol^ (shown for information only) 

IllSllll 

mimrn 

XTV7V 

1,150 

NAFO 0/1 
XTvTV. 

XIV/V 

XIV/V 

150 
150 

500 

10,000 

Northern deep-water prawns 
(Pandalus borealis) 

Greenland halibut 

Redfish 

Capelin 

(1)  OJNo C287,15.10.1994, p. 11 

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

I 

Species 

Fishing zones: 
ICES division or 
NAFO sub-area 

Herring 

Ha 

Quantity 
(tonnes) 

11,000 

ANNEXA 

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: 

the quantity (in kilograms live weight) of each species caught; 
the date and the time of the haul; 

1.1. 
1.2. 
1.3.  toe  geographical position in which the catches were made; 
1.4.  toe  fishing  method used. 

2.  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) of each species transhipped; 
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. 
4.3. 

type of message: EN, 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  European  Commission  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) toe information specified under 1.5; 
(b)  the quantity (in kilograms live-weight) of each species offish 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) toe information specified under 1.5; 
(b)  the  quantity  (in  kilograms  live-weight)  of  each  species  caught  since  the ^previous 

transmission; 

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

i. 

• 

i 

• 

• 

. 

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. 

10 

2.1. The infonnation  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. 

3.  Name of radio station 

Call sign of radio station 

Skagen 
Blavand 
Rflfnne 
Norddeich 

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

Land's End 
Valentia 
MalinHead 
Boulogne 
Brest 
Saint-Nazaire 
Bordeaux-Arcachon 
Torshavn 
Bergen 
Farsund 
Flora 
Rogaland 
Tj0me 
AlesuiKl 

OXP 
OXB 
OYE 
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 
OXJ 
LGN 
LGZ 
LGL 
LGQ 
LGT 
LGA 

11 

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"; 

toe  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; 
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: 

-  Northern deep-water prawn (Pandalus borealis), 
-  Hake (Merluecius merluccius), 
-  Greenland halibut (Reinhardtius hippoglossoides), 
-  Cod (Gadus morhua), 
-  Haddock (Melanogrammus aeglefinus), 
-  Halibut (Hippoglossus hippoglossus), 
-  Mackerel (Scomber scombrus), 
-  Horse-mackerel (Trachurus trachurus), 
-  Roundnose grenadier (Coryphaenoides rupestris), 
- 
Saithe(Pollachiusvirens), 
-  Whiting (Merlangus merlangus), 
-  Herring (Clupea harengus), 
Sand-eel (Arnmodytes spp.), 
- 
Sprat (Sprattus sprattus), 
- 
- 
Plaice (Pleuronectes platessa), 
-  Norway pout (Trisopterus esmarkii), 

PRA 
HKE 
GHL 
COD 
HAD 
HAL 
MAC 
HOM 
RNG 
POK 
WHG 
HER 
SAN 
SPR 
PLE 
NOP 
LIN-  Ling (Molva molva), 
PEZ 

Shrimp (Panaeidae), 

- 

12 

A N E- 
RED 
PLA 
SQX 
YEL 
WHB 
TUN 
BLÏ 
USK 
DGS 
BSK 
POR 
SQC 
POA 
PEL 
CSH 
LEZ 
MNZ 
NEP 
POL 
ARG 
OTH 

Anchovy (Engraulis encrasicholus), 
Redfish (Sebastes spp.), 
American plaice (Hippoglossoides platessoides), 
Squid (Illex spp.), 
Yellowtail flounder (Limanda ferruginea), 
Blue whiting (Micromesistius poutassou), 
Tuna(Thunnidae), 
Blue ling (Molva dypterygia), 
Tusk (Brosme brosme), 
Dogfish  (Squalus acanthias), 
Basking shark (Cetorinhus maximus), 
Porbeagle (Lamma nasus), 
Common squid (LoUgo spp.), 
Atlantic pomfret (Brama brama), 
Sardine (Sardina pilchardus), 
Common shrimp (Crangon crangon), 

/- 
- 
- 
- 
- 
- 
- 
- 
- 
- 
- 
- 
- 
- 
r 
-  Megrim (Lepidorhombus spp.), 
- 
- 
- 
- 
- 

Angler/Monk (Lophius spp.), 
Norway lobster (Nephrops norvegicus), 
Pollack (Pollachius poUachius), 
Argentine (Argentina sphyraena), 
Other. 

13 

ISSN 0254-1475 

COM(98) 762 final 

DOCUMENTS 

EN 

07  03  11  06 

Catalogue number  :  CB-CO-98-752-EN-C 

Office  for Official  Publications of the European Communities 

L-2985 Luxembourg 

'f