CELEX: 31990R3932
Language: en
Date: 1990-12-20 00:00:00
Title: Council Regulation (EEC) No 3932/90 of 20 December 1990 laying down for 1991 certain measures for the conservation and management of fishery resources applicable to vessels registered in the Faroe IslandS

31 . 12 . 90                               Official Journal of the European Communities                               No L 378 / 59
                                          COUNCIL REGULATION (EEC) No 3932/ 90
                                                        of 20 December 1990
                  laying down for 1991 certain measures for the conservation and management of fishery
                                    resources applicable to vessels registered "in the Faroe Islands
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                               Whereas the fishing activities covered by this Regulation
                                                                       are subject to the relevant control measures provided for by
                                                                       Council Regulation (EEC) No 2241 / 87 of 23 July 1987
Having regard to the Treaty establishing the European                  establishing certain control measures for fishing
Economic Community,                                                    activities (4); as amended by Regulation (EEC) No
                                                                       3483 / 88 (5);
Having regard to Council Regulation ( EEC) No 170 / 83 of
25 January 1983 establishing a Community system for the
conservation and management of fishery resources ( 1 ), as             Whereas Article 3 (2 ) of Commission Regulation (EEC)
amended by the Act of Accession of Spain and Portugal (2 ),            No 1381 / 87 of 20 May 1987 establishing detailed rules
and in particular Article 11 thereof,                                  concerning the marking and documentation of fishing
                                                                       vessels (6) provides that all vessels with chilled or
                                                                       refrigerated sea-water tanks are to keep on board a
Having regard to the proposal from the Commission,                     document certified by a competent authority and specifying
                                                                       the calibration of the tanks in cubic metres at 10-centimetre
Whereas, in accordance with the procedure provided for in              intervals,
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 (3), the Community and the           HAS ADOPTED THIS REGULATION :
Home Government of the Faroe Islands have held
consultations concerning their mutual fishing rights for
1991 ;
                                                                                                   Article 1
Whereas, in the course of these consultations, the
delegations agreed to recommend to their respective                    1 . Vessels registered in the Faroe Islands are hereby
authorities that certain catch quotas for 1991 should be               authorized, until 31 December 1991 , to fish for the species
fixed for the vessels of the other party;                              listed in Annex I , within the geographical and quantitative
                                                                       limits laid down therein and in accordance with this
Whereas this Agreement comprises an exchange for 1991                  Regulation, in the 200-nautical-mile fishing zone of the
of certain supplementary catch quotas , as a consequence of            Member States in the North Sea , Skagerrak, Kattegat,
                                                                       Baltic Sea and Atlantic Ocean north of 43°00'N .
the German unification , the Community being the legal
successor to the German Democratic Republic with respect
to the Agreement between the Government of Denmark                     2 . Fishing authorized under paragraph 1 shall be limited,
and the Home Government of the Faroe Islands, on the one               except in the Skagerrak, to those parts of the 200­
hand, and the Government of the German Democratic                      nautical-mile fishing zone lying seawards of 12 nautical
Republic on the one hand, and the Government of the                    miles from the baselines from which the fishing zones of
German Democratic Republic on the other hand , on                      Member States are measured .
Fisheries;
Whereas measures should be taken to implement the results              3 . Notwithstanding paragraph 1 , unavoidable by-catches
of these consultations between the Community and the                   of species for which no quota has been fixed in a given zone
Faroe Islands and thus prevent any interruption of mutual              shall be permitted within the limits laid down by the
fisheries relations as at 31 December 1990;                            conservation measures in force in the zone concerned.
Whereas, under the terms of Article 3 of Regulation (EEC)              4 . By-catches in a given zone of a species for which a
No 170 / 83 , it is for the Council to fix the total catches           quota is established in that zone shall be counted against
allocated to third countries and to lay down the specific              the quota concerned.
conditions under which such catches may be taken ;
(!) OJ No L 24, 27. 1 . 1983 , p. 1 .                                  (4) OJ No L 207, 29 . 7 . 1987 , p. 1 .
(2) OJ No L 302, 15 . 11 . 1985 , p. 1 .                               (5) OJ No L 306, 11 . 11 . 1988 , p. 2.
(3) OJ No L 226, 29 . 8 . 1980 , p. 11 .                               (6) OJ No L 132, 21 . 5 . 1987 , p. 9 .
 ---pagebreak--- No L 378 / 60                            Official Journal of the European Communities                                    31 . 12 . 90
                           Article 2                                (d) 16 for the fishing, by trawl , of blue ling in ICES
                                                                         divisions VI a (north of 56°30' N) and VI b ;
1 . Vessels fishing within the quotas fixed in Article 1 shall
comply with the conservation and control measures and all           (e) 20 for the fishing of blue whiting in ICES sub-area VII
other provisions governing fishing in the zones referred to               (west of 12°00' W) and ICES divisions VI a (north of
in that Article .                                                         56°30 ' N) and VI b ;
                                                                    (f) 3 for the fishing, by long-line , of porbeagle in the whole
                                                                          Community zone with the exception of NAFO
2. The vessels referred to in paragraph 1 shall keep a log                3 PS;
book in which the information set out in Annex II shall be
entered .                                                           (g) 12 for the fishing of cod in ICES division III d; however
                                                                          the   total  number    of    vessels   allowed    to    fish
                                                                          simultaneously shall not exceed 9 .
3 . The vessels referred to in paragraph 1 shall transmit to
the Commission , in accordance with the rules laid down in
                                                                     3 . Each licence shall be valid for one vessel only. Where
Annex III , the information set out in that Annex.
                                                                    two or more vessels are taking part in the same fishing
                                                                     operation , each vessel must be in possession of a licence.
4. Those vessels referred to in paragraph 1 which have
chilled or refrigerated sea-water tanks shall keep on board          4. Licences may be cancelled with a view to the issue of
a document certified by a competent authority and                    new licences. Such cancellations shall take effect on the day
specifying the calibration of the tanks in cubic metres at           before the date of issue of the new licences by the
 10-centimetre intervals .                                           Commission . New licences shall take effect from their date
                                                                     of issue .
5 . The registration letters and numbers of the vessels              5 . Licences shall be wholly or partially withdrawn before
referred to in paragraph 1 must be clearly marked on the             the date of expiry if the respective quotas, fixed in
bow of each vessel on both sides .                                   Article 1 , have been exhausted.
                                                                     6 . Licences shall be withdrawn in the event of any failure
                                                                     to meet the obligations laid down in this Regulation.
                           Article 3
 1 . Fishing in the waters referred to in Article 1 and within       7. For a period not exceeding 12 months, no licence shall
the quotas fixed in that Article shall be permitted only             be issued for any vessel in respect of which the obligations
where a licence issued by the Commission on behalf of the            laid down in this Regulation have not been met.
Community is kept on board and where the conditions set
out in the licence are observed .
                                                                     8 . Vessels authorized to fish on 31 December may
                                                                     continue their fishing activities as from the beginning of the
                                                                     following year , on the basis of this authorization, until the
2. Licences shall be issued for the purposes of paragraph 1          new lists of vessels for the year in question have been
provided that the number of licences valid on any one day            approved .
does not exceed :
(a ) 14 for the fishing of mackerel in ICES divisions VI a
     (north of 56°30' N), VII e, f and h , sprat in ICES                                        Article 4
     sub-area IV and division VI a (north of 56°30' N),
     horse-mackerel in ICES sub-area IV and divisions VI a           When an application for a licence is submitted to the
     (north of 56°30' N), VII e, f and h and herring in ICES         Commission, the following information must be supplied:
     division VI a (north of 56°30' N); 4 for the fishing of
     herring in ICES division III a N (Skagerrak);                   ( a) name of the vessel;
                                                                     (b) registration number;
(b ) 15 for the fishing of Norway pout in ICES sub-area IV
     and division VI a (north of 56°30 ' N) and sand-eel in          (c) external identification letters and numbers;
     ICES sub-area IV ;
                                                                     (d) port of registration;
(c) 20 for the fishing, by long line, of ling, tusk and blue
     ling in ICES divisions VI a (north of 56°30' N) and             (e) name and address of the owner or charterer;
     VI b ; however, the total number of vessels allowed to
     fish simultaneously shall not exceed 10 ;                       (f) gross tonnage and overall length ;
 ---pagebreak--- 31 . 12 . 90                            Official Journal of the European Communities                            No L 378 / 61
(g) engine power;                                                  2. the use of trawls and purse seines for the capture of
                                                                       pelagic species shall be prohibited from Saturday
(h) call sign and radio frequency;                                     midnight to Sunday midnight.
(i) intended method of fishing;
(j ) intended area of fishing;
(k) species for which it is intended to fish;                                               Article 6
(1 ) period for which a licence is requested.
                                                                   Where an infringement is duly established, Member States
                                                                   shall without delay inform the Commission of the name of
                           Article 5                               the vessel concerned and of any action they have taken.
Fishing in the Skagerrak within the limits of the quotas
referred to in Article 1 shall be subject to the following
conditions :
                                                                                            Article 7
1 . direct fishing for herring for purposes other than
     human consumption shall be prohibited;                        This Regulation shall enter into force on 1 January 1991 .
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States .
                 Done at Brussels, 20 December 1990.
                                                                                       For the Council
                                                                                         The President
                                                                                         P. BUKMAN
 ---pagebreak--- No L 378 / 62                                  Official Journal of the European Communities                                                    31 . 12 . 90
                                                                          ANNEX 1
                                                               Faroese catch quotas for 1991
         1 . Quotas for Faroese vessels fishing in the Community zone
                                                                                                                           Quantity,
                           Species                              Fishing zone: ICES sub-area / division                     (tonnes)
             Ling, tusk and blue ling              VI a ( M , VI b                                                         800 (2) (3)
             Blue ling                             VI at 1 ), VI b                                                         940 (4)
             Mackerel                              VI a ( J ), VII e, f, h                                               5 460 ( 10)
             Herring                               VI a ( l ),                                                             660
             Horse-mackerel                        IV , VI at 1 ), VII e , f, h                                          7 000
             Norway pout                           IV , VI at 1 )                                              1
             Sprat                                 IV , VI a 0 )                                              li        20 000 (s )
             Sand-eel                              IV                                                          J
             Blue whiting                          VI at 1 ), VI b, VII t6 )                                            62 000 (7 )
             Other white fish
             (by-catches only)                     IV , VI at 1 )                                                           400
             Herring                               III a N (Skagerrak) t8)                                                  500
             Porbeagle                             Entire Community zone except NAFO 3 PS                                   125 (2)
             Cod                                   III d                                                      L             340 (9)
              (») North of 56°30'N.
              (2) To be fished by long line.
              (3) Of which an incidental catch of other species of 20 % per ship , at any moment, is authorized in ICES divisions VI a 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 VI a and VI b may not exceed 75 tonnes.
              {*) To be fished by trawl.
              (5 ) The overall quota (including for Norway pout and sand-eel , 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 VI a north of 56°30'N subject to the provision on
                   request by the EEC of details of the quantity and composition of any by-catch taken .
              (fi) West of 12°00'W .
              (7) Catches of blue whiting may include unavoidable by-catches of argentine .
              ( 8) Limited in the west by a line drawn from the lighthouse of Hanstholm to the lighthouse of Lindesnes and in the south by a line
                   drawn from Skagen lighthouse to the lighthouse of Tistlarna and from there to the nearest coast of Sweden.
              ( 9) A supplementary catch quota for 1991 , granted to the Faroe Islands under the Agreement between Denmark and the Faroe
                   Islands, on the one hand , and the German Democratic Republic, on the other hand , on fisheries , to be fished in the fishing
                   zone as defined in Article 1 of that Agreement.
             ( 10) Of which 1 000 tonnes may be fished from 1 October to 31 December 1991 in Community waters in division IV a.
         2. Quotas for Faroese vessels fishing in Greenland waters according to Article 1 (3) of the EEC/Greenland Fisheries
             Protocol (*) (shown for information only )
                                                                                                                           Quantity
                            Species                      Fishing zones: ICES division of NAFO sub-area                      (tonnes)
             Northern deepwater prawn              NAFO 0 / 1 ( 2)                                                              160
             (Pandalus borealis)                   XIV / V                                                                      990
             Greenland halibut                     NAFO 0 / 1                                                                   150
                                                   XIV / V                                                                      150
             Red fish                              XIV / V                                                                      500
             Capalin                                XIV / V                                                                 10 000
             (») OJ No L 252, 15 . 9. 1990, p .    2.
             (?) South of 68° N.
 ---pagebreak--- 31 . 12 . 90                                Official Journal of the European Communities                                 No L 378 / 63
                                                                 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 immediatelly
             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.
 ---pagebreak--- No L 378 / 64                              Official Journal of the European Communities                                        31 . 12 . 90
                                                                ANNEX 111
         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 hava 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 24 189 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                                          OXP
                BUvand                                         OXB
                Renne                                          OYE
 ---pagebreak--- 31 . 12 . 90                           Official Journal of the European Communities                                     No L 378 / 65
              Norddeich                                   DAF DAK
                                                          DAH DAL
                                                          DAI DAM
                                                          DAT 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
              Thorshavn                                   OXJ
              Bergen                                      LGN
              Farsund                                     LGZ
              Florø                                       LGL
              Rogaland                                    LGQ
              Tjøme                                       LGT
              Alesund                                     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,
              — 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 .
 ---pagebreak--- No L 378 / 66                          Official Journal of the European Communities               31 . 12 . 90
        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   —
                        Round-nose 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 (Hypoglossoides 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.