Council Regulation (EC) No 64/1999 of 18 December 1998 laying down, for 1999, certain measures for the conservation and management of fishery resources applicable to vessels flying the flag of the Russian Federation
Date: 1998-12-18
Institutions: Council of the European Union
Subjects: Russia, authorised catch, conservation of fish stocks, fishery management, fishing regulations, ship's flag

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Official  Journal  of  the  European  Communities

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COUNCIL  REGULATION  (EC)  No  64/1999

of  18  December  1998

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

THE  COUNCIL  OF  THE  EUROPEAN  UNION,

1993  establishing  a  control  system  applicable  to  the
common  fisheries  policy (2);

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,

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 (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;

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 Article 3 of the agreement on fisheries of 11 December
1992  concluded  between 
the
Kingdom  of  Sweden  and  the  Government  of  the  Russian
Federation, the Community, on behalf of the Kingdom of
Sweden,  held  consultations  with  the  Russian  Federation
concerning  their  mutual  fishing  rights  for  1999;

the  Government  of 

in  the  course  of  these  consultations,  the
Whereas, 
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  necessary  measures  should  be  taken  to
implement, for 1999, the results of the consultations held
with  the  Russian  Federation;

Whereas  it  is  for  the  Council  to  lay  down  the  specific
conditions  under  which  catches  by  vessels  flying  the  flag
of  the  Russian  Federation  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

Whereas, for imperative reasons of common interest, this
Regulation  will  apply  from  1  January  1999,

HAS  ADOPTED  THIS  REGULATION:

Article  1

1. From  1  January  to  31  December  1999,  vessels  flying
the  flag  of  the  Russian  Federation  are  hereby  authorised
to  fish  for  the  species  listed  in  Annex  I,  within  the
geographical  and  quantitative  limits  laid  down  therein
and 
the
200-nautical-mile  fishing  zone  of  the  Member  States  in
the  Baltic  Sea.

in  accordance  with 

this  Regulation, 

in 

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

limits  fixed 

(1)  OJ  L  389,  31.12.1992,  p.  1.  Regulation  as  last  amended  by
Regulation  (EC)  No  1181/98  (OJ  L  164,  9.6.1998,  p.  1).

(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).

(3)  OJ  L  132,  21.5.1987,  p.  9.

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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.

(a)  name  of  vessel;

(b) registration  number;

Article  2

(d) port  of  registration;

(c)  external  identification  letters  and  numbers;

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.

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

(f)  gross  tonnage  and  overall  length;

(g)  engine  power;

2. Vessels 
information  set  out  in  Annex  II  shall  be  entered.

shall  keep  a 

log-book 

in  which 

the

(h) call  sign  and  radio  frequency;

3. Vessels  shall 
in
accordance  with  the  rules  laid  down  in  Annex  III,  the
information  set  out  in  that  Annex.

the  Commission, 

transmit 

to 

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

Article  3

1. Vessels  fishing  for  the  species  listed  in  Annex  I  must
hold  a  licence  and  special  fishing  permit  issued  by  the
Commission  on  behalf  of  the  Community  and  must
observe  the  conditions  as  established  by  that  licence  and
special  fishing  permit.

The  Russian  authorities  shall  notify  the  Commission  of
the  name  and  characteristics  of  the  vessels  for  which
licences  and  special  fishing  permits  may  be  issued.

2. The  Commission  shall  issue  the  licences  and  special
fishing  permits  referred  to  in  paragraph  1  to  all  vessels
for  which  a  licence  and  special  fishing  permit  is  required
by  the  Russian  authorities.

Requests for amendments to the list of vessels issued with
a licence and a special fishing permit may be made at any
time  and  shall  be  processed  expeditiously.

(i)  intended  method  of  fishing;

(j)  intended  area  of  fishing;

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

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

are  requested.

4. 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.

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.

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 

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

fishing  permits 

special 

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

9. 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.

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10. The  Commission  shall  submit,  on  behalf  of  the
Community,  to  the  Russian  authorities  the  names  and
characteristics  of  Russian  vessels  which  will  not  be
authorised  to  fish  in  the  Community’s  fishing  zone  for
the ensuing month(s) as a consequence of an infringement
of  Community  rules.

question  are  submitted  to,  and  approved  by,  the
Commission  on  behalf  of  the  Community.

Article  5

Article  4

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

Vessels  authorised  to  fish  on  31  December  may  continue
fishing  as  from  the  beginning  of  the  following  year  until
the  lists  of  vessels  permitted  to  fish  during  the  year  in

It  shall  apply  from  1  January  1999.

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

Done  at  Brussels,  18  December  1998.

For  the  Council

The  President

W.  MOLTERER

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ANNEX  I

Catch  quotas  allocated  to  the  Russian  Federation  for  1999

Fishing  zone  of  Sweden (1)

Species

Area  within  which  fishing  is
authorized

Herring

ICES  III d

Quantity
(tonnes)

3 000 (3)

Number  of  licences (2)

80  (20) (4)

(1)  Swedish  waters  south  of  59° 30(cid:57)  North  in  the  Baltic  Sea.
(2)  The  number  of  licences  and  special  fishing  permits  valid  at  any  given  time  is  mentioned  between  brackets.
(3)  Including  unavoidable  by-catches.
(4)  A  maximum  of  five  non-fishing  mother  ships  may  also  be  used  simultaneously.

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  caught;

2.3. 

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

2.4. 

transhipment  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,  via  the  relevant  Swedish  Authorities,  to  the  European
Commission:

4.1.  date  and  time  of  the  transmission;

4.2. 

type  of  message:  IN,  OUT,  or  TWO  WEEKS;

4.3. 

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

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ANNEX  III

1. 

The  information  to  be  transmitted  to  the  Commission  via  the  relevant  Swedish  Authorities  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)  the  information  specified  under  1.4;

(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  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  1.4;

(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.

Where  the  fishing  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  shall  suffice.

1.3.  At  fourteen-day  intervals,  commencing  on  the  fourteenth  day  after  the  vessel  first  enters  the  zone

referred  to  under  1.1:

(a)  the  information  specified  under  1.4;

(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. 

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

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

(c)  identification  of  the  type  of  message  (IN/OUT/TWO  WEEKS);

(d) the  date,  time  and  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 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 

Call  sign  of  radio  station

Stockholm
Gryt
Maarianhamina
Helsinki

SDJ
(no  call  sign)
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;

—  indication  of  the  type  of  message  according  to  the  following  code:

—  message  when  entering  the  zone  referred  to  under  1.1:  ‘IN’,

—  message  when  leaving  the  zone  referred  to  under  1.1:  ‘OUT’,

—  two  weeks  message:  ‘TWO  WEEKS’;

—  the  date,  time  and  geographical  position;

—  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.

5. 

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

COD  —  Cod  (Gadus  morhua),

SAL  —  Salmon  (Salmo salar),

HER  —  Herring  (Clupea  harengus),

SPR  —  Sprat  (Sprattus  sprattus),

OTH  —  Other