CELEX: 51996PC0662
Language: en
Date: 1996-12-12
Title: Proposal for a COUNCIL REGULATION (EC) laying down for 1997 certain measures for the conservation and management of fishery resources applicable to vessels flying the flag of Poland

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                                                                            Brussels, 12.12.1996
                                                                            COM(96)662 final
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                                                            Proposal for a
                                                  COUNCIL REGULATION (EC)
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                                        resources applicable to vessels flying the flag of Poland
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                                                   (presented by the Commission)
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 ---pagebreak---  ---pagebreak---                             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 1997.
The purpose of this proposal for a regulation is to authorise Polish vessels to fish the quotas
allocated to them for 1997 in Community waters, in accordance with the above mentioned
reciprocal arrangements.
                                          a.
 ---pagebreak---                                              Proposal for a
                              COUNCIL REGULATION (EC)
   laying down for 1997 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), as amended by the Act of Accession of
Austria, Finland and Sweden, and in particular Article 8 (4) thereof,
Having regard to the proposal from the Commission,
Whereas, in accordance with Article 124 of the Act of Accession of Austria, Finland and
Sweden, 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 1997;
Whereas, in the course of these consultations, the delegations agreed to recommend to their
respective authorities that certain catch quotas for 1997 should be fixed for the vessels of the
other Party;
Whereas the necessary measures should be taken to implement, for 1997, 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 policy(2);
(1)
         O J N o L 3 8 9 , 31.12.1992, p. 1.
(2)
         OJ No L 261, 20.10.1993, p. 1.
                                             3
 ---pagebreak--- 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,
HAS ADOPTED THIS REGULATION:
                                            Article 1
 1.     From 1 January to 31 December 1997, vessels flying the flag of Poland are hereby
        authorised 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;fishingfor cod
        shall be prohibited in the Baltic Sea, the Belts and the Sound from 10 June to
        20 August 1997 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 shall be permitted within the limits fixed in 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.
                                           Article 2
1.      Vesselsfishingwithin the quotasfixedin 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 indicating the calibration of the
        tanks in cubic metres at 10-centimetre intervals.
(3)
        OJNoL132, 21.5.1987, p. 9.
 ---pagebreak---    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 incompliance 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 tenth day of the preceding month. The Community
   shall process expeditiously requests for adjustments to a monthly list during its
   currency.
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;
   (1)     period for which a licence and a special fishing permit are requested.
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 fishing vessels under 47 metres will be authorized.
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.
                                            6
 ---pagebreak--- 7.     Licences and specialfishingpermits shall be wholly or partially withdrawn before the
       date of expiry if the respective quotas fixed in Article 1 have been exhausted.
8.     Licences and specialfishingpermits shall be withdrawn in the event of any failure to
       meet the obligations laid down in this Regulation.
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.
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 tofishon 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 1 January 1997.
       This Regulation shall be binding in its entirety and directly applicable in all Member
       States.
Done at Brussels,         December 1996.
                                                                                 For the Council
                                                                                   The President
 ---pagebreak---                                           ANNEX I
                              Polish catch quotas for 1997
                                Fishing zone of Sweden (1)
                         Area within which                 Quantity         Number of
    Species
                        fishing is authorized               (tonnes)         licences
    Herring                    ICES Hid                       10 000
     Sprat                     ICES IHd                        3 000      J        5 0 <2>
(1) Swedish waters south of 59° 30' North in the Baltic Sea
(2) A maximum of 3 nonfishing mother ships may also be used simultaneously.
                                               ' 9
 ---pagebreak---                                          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 oh 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) or each species transhipped;
       2.3.    the name, external identifications 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.
       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.
 ---pagebreak---                                         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 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 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:
     (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;
                                            $
 ---pagebreak---      (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.
3.   Name of radio station           Call sign of radio station
     Blâvand                         OXB
     Norddeich                       DAFDAK
                                     DAH DAL
                                     DAI DAM
                                     DAJ DAN
     Scheveningen                    PCH
     Oostende                        OST
     North Foreland                  GNF
     Humber                          GKZ
     Cullercoats                     GCC
     Wick                            GKR
     Portpatrick                     GPK
     Anglesey                        GLV
     Ilfracombe                      GIL
     Niton                           GNI
     Stonehaven                      GND
     Portishead                      GKA
                                     GKB
                                     GKC
     Land's End                      GLD
     Valentia                        EJK
     Malin Head                      EJM
     Boulogne                        FFB
     Brest                           FFU
     Saint-Nazaire                   FFO
     Bordeaux-Arcachon               FFC
     Stockholm                       SOJ
     Gryt                            (no call sign)
     Gôteborg                        SOG
     Renne                           OYE
     Maarianhamina                   OHM
     Helsinki                        OHG
                                             AJO
 ---pagebreak--- 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.
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 (Spratrus sprattus).
WHB -           Blue Whiting (Micromesistius poutassou)
OTH-            Other
POK -           Saithe (Pollachius virens)
                                         A*
 ---pagebreak---  ---pagebreak---  ---pagebreak---  ---pagebreak---                                                                   ISSN 0254-1475
                                                           COM(96) 662 final
                                             DOCUMENTS
EN                                                                  03 11 15
                                    Catalogue number : CB-CO-96-674-EN-C
                                                             ISBN 92-78-13342-6
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