CELEX: 51997PC0710
Language: en
Date: 1997-12-15
Title: Proposal for a Council Regulation (EC) laying down, for 1998, certain measures for the conservation and management of fishery resources applicable to vessels flying the flag of Norway

COMMISSION OF THE EUROPEAN COMMUNITIES
                                                        Brussels, 15.12.1997
                                                        COM(97) 710 final
                                       Proposal for a
                             COUNCIL REGULATION (EC)
laying down, for 1998, certain measures for the conservation and management of fishery resources
                         applicable to vessels flying the flag of Norway
                              (presented by the Commission)
 ---pagebreak---  ---pagebreak---                                  EXPLANATORY MEMORANDUM
Consultations between the Community and Norway were held in Bergen from 12 to 14 November 1997
and in Brussels from 26 to 28 November 1997 and from 1 to 4 December 1997, resulting in an
agreement on reciprocal fisheries arrangements for 1998.
Fulhermore, 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 Oslo on 28
October 1997. These consultations led, inter alia, to reciprocal access arrangements for 1998, under
which Norway will be entitled to fish 9,000 tonnes of its share in Community fishing waters.
The purpose of this proposal for a Council regulation is to authorise Norwegian vessels to fish the quotas
allocated to them in Community waters until 31 December 1998, in accordance with the above
mentioned arrangements.
 ---pagebreak---                                                           Proposal for a
                                     COUNCIL REGULATION (EC) ,
   laying down, for 1998, certain measures for the conservation and management of fishery resources
                                         applicable to vessels flying the flag of Norway
 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 aquaculture1, and in particular Article 8 (4) thereof,
 Having regard to the proposal from the Commission,
 Whereas, in accordance with the procedure provided for in Articles 2 and 7 of the Fisheries Agreement
 between the European Economic Community and the Kingdom of Norway2, the Community and
 Norway have held consultations concerning their mutual fishing rights for 1998 and the management of
common biological resources;
 Whereas, in the course of these consultations, the 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 Agreement of 19 December 1966 between Denmark, Norway and Sweden on reciprocal
access to fishing in the Skagerrak and Kattegat provides that each party shall grant vessels of the other
parties access to its fishing zone in the Skagerrak and part of the Kattegat up to four nautical miles from
the baselines;
Whereas, in a setting comprising the Community, the Faroe Islands, Iceland, Norway and the Russian
Federation, consultations were also held 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 Norway may fish 9,000 tonnes of its share in Community fishing waters north of 62° N;
Whereas it is for the Council to lay down the specific conditions under which such catches must be
taken;
Whereas the fishing activities covered by this Regulation are subject to the control measures provided for
in Council Regulation (EC) No 2847/93 of 12 October 1993 establishing a control system applicable to
the common fisheries policy3;
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 vessels4 provides that all vessels with
1
           OJ No L 389, 31.12.1992, p. 1. Regulation as amended by the 1994 Act of Accession,
2
           OJ No L 226, 29.8.1980, p. 48.
3
           OJ No L 261, 20.10.1993, p. 1.
4
           QJN&L132, 21.5.1987, p. 9.
d:\data\winword\norway\regr.-93\;,c:;u'.e':.;!oi.:
 ---pagebreak--- 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 flying the flag of Norway are hereby authorized until 31 December 1998 to fish for the
        species listed in Annex I and IA, 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, Baltic Sea and Atlantic Ocean north of
        43°00'N.
2.      Fishing authorized pursuant to paragraph 1 shall be limited to those parts of the
        200-nautical-mile fishing zone lying seawards of twelve nautical miles from the baselines from
        which the fishing zones of Member States are measured; however, fishing in the Skagerrak will
        be allowed seawards of four nautical miles from the Danish baselines.
3.      Fishing in the parts of ICES division Ilia bounded in the west by a line drawn from the
        Hanstholm lighthouse to the Lindesnes lighthouse and in the south by a line drawn from the
        Skagen lighthouse to the Tistlarna lighthouse and from there to the nearest point on the Swedish
        coast shall not be subject to quantitative limitations, with the exception of fishing for mackerel
        and saithe.
4.      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.
5.      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.      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 referred to in paragraph 1 shall keep a log-book in which the information set out in
        Annex II shall be entered.
3.      The vessels referred to in paragraph 1, except for those fishing in ICES division Ilia, shall
        transmit to the Commissiqn, in accordance with the rules laid down in Annex III, the
        information set out in that Annex.
4.      Those vessels referred to in paragraph 1 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 cm intervals.
5.      The registration letters and numbers of the vessels referred to in paragraph 1 must be clearly
        marked on the bow of each vessel on both sides
                                                     k
 ---pagebreak---                                               Article 3
1.   When fishing in any ICES division under tlie quotas fixed in Article 1, vessels exceeding 200
     GRT must hold a licence and special fishing permit issued by the Commission on behalf of tlie
     Community and must observe the conditions as established by that licence and special fishing
     permit.
     By way of derogation from tlie first subparagraph, ten licences and special fishing permits valid
     on any one day shall be issued by the Commission on behalf of the Community for vessels
     fishing herring in ICES division Ha (north of 62°N).
     Norway shall notify to the Commission the name and characteristics of the vessels for which
     licences and special fishing permits may be issued.
2.   The Commission shall issue the fishing 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
     Norwegian authorities.
     Requests for amendments to the list of vessels licensed may be made at any time and shall be
     processed expeditiously.
3.   When an application for a licence and special fishing permit is submitted to tlie Commission, the
     following information must be supplied:
     (a)      name of the 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 is required.
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.    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 tlie day before tlie 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 fixed in Article 1 have been exhausted.
7.    Licences and special fishing permits shall be withdrawn in the event of any failure to meet die
      oèl^tions Mé é®wn in this Regulation.
 ---pagebreak--- 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 Norway, the name and the
         characteristics of the Norwegian 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
Fishing within tlie quotas fixed in Article 1 for blue ling, ling and tusk, shall be permitted provided that
use is made of the method commonly known as 'long-lining' in ICES division Vb and sub-areas VI and
VII.
                                               Article 5
The use of trawls and purse seines for the capture of pelagic species shall be prohibited in the Skagerrak
from Saturday midnight to Sunday midnight.
                                               Article 6
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 authorisation, until the new lists of vessels for the year in
question have been approved by the Commission on behalf of the Community.
                                               Article 7
This Regulation shall enter into force on the day of its publication in the Official Journal of the
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,        December 1997.
                                                                                        For the Council
                                                                                         The President
                                                       £
 ---pagebreak---                                                              ANNEX I
                                              Norwegian catch quotas for 1998
                                                                                (in metric tonnes, fresh round weight)
I                                                   I         •.                          :       •1           -                   I
                        Species                          Area within which fishing is authorized              Quantity
   Mackerel                                           ICES Via (2), VHd, e, f, h, Ha                                 12,02Q(6)
   Herring                                            ICES Via (2)                                                    3,000
   Sprat                                              ICES IV                     .                                  19,000
   Cod                                                ICES IV                                                        14,800
   Haddock                                            ICES IV                                                        15,000
                                                                            (3)
    Saithe                                            ICES IV, Skagerrak                                             45,000
    Whiting                                           ICES IV                                                          6,000
     Plaice                                            ICES IV                                                         3,090
    Mackerel                                           ICES IV, Ilia                                                  40,400(7)
    Sandeel, Norway Pout, Blue Whiting                 ICES IV                                                       50,QOO(8)
     Blue Whiting                                      ICES II, IVa, Via (2), VIb, VII(4)                  ;       245,000(9)(10)
     Blue Ling                                         ICES IV, Vb, VI, VII, Ha                                      1,000(11)(12)
     Ling, Tusk                                        ICES IV, Vb, VI, VII, Ha                                     16,000(11)(12)
     Dogfish                                           ICES IV, VI, VII                                                 600°3)
     Basking Shark (l)                                ICES IV, VI, VII                                                   100
     Porbeagle                                         ICES IV, VI, VII                                                  200
     Shrimp                                            ICES IV                                                           100
     Other Species                                     ICES IV, Ha                                                     5,000(l4)
     Herring                      ^                    ICES IVa, b                                                    50,000
     I loi se Mackerel                                  ICES IV                                                         5,(XX)
     Combined quota                                    ICES Vb, VI, VII                                                 1,40Q(I5)
     Greenland Halibut                                 ICES Ha, VI(5)                                                   1,500
 (i)
        Basking shark liver.
 (2)
        North of 56°30'N.
 (3)
        Limited in the west by a line drawn from the Hanstholm lighthouse to the Lindesnes lighthouse and in the soudi by a
        line drawn from the Skagen lighthouse to the Tistlarna lighthouse and from there to the nearest coast of Sweden.
 (4)
        West of 12°00'W.
 (5)
        Taken with long lines only in Sub-area VI.
 (6)
        Of which 12,020 tonnes may be fished from 1 October to 31 December 1998 In Community waters in Division IVa.
 (7)
        May be fished in Division IVa only, except for 3,000 tonnes which may be fished in Division Ilia.
 (X)
        Of which sand-eel alone not more than 50,000 tonnes or Norway pout and blue whiting together not more than
        50,000 tonnes. Up to 10,000 tonnes of the Norway pout quota may be fished in Division Via north of 56°30'N.
        However, this quantity should be deducted from the quota of sandeel, Norway pout and blue whiting in Sub-area IV.
 (9)
        Of which no more than 40,000 tonnes may be fished in Division IVa.
 (10)
        Of which up to 9,000 tonnes of Argentine may be fished.
 (ID
        Of which an incidental catch of other species of 25% per ship, at any moment, is authorised in Sub-areas VI and VII.
        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 Sub-areas VI and VII shall not exceed 3,000 tonnes.
 (12)
        Of which ling may be a maximum of 13,000 tonnes, tusk a maximum of 7,000 tonnes and blue ling a maximum of
        3,000 tonnes. Taken with long lines in Division Vb and Sub-areas VI and VII.
 (13)
        Including catches taken with long lines of grey shark and black shark, bird beak dogfish, leafscale guiper shark,
        greater lantern shark, smooth lantern shark and Portuguese dogfish.
 (14)
        Including fisheries not specifically mentioned; exceptions mr.y be introduced after consultations, as appropriate;
        catches of sole shall be limited to by-catches only.
 (15)
        Taken with long lines only; including rat tails, mora mora and grcrtcr fork beard.
                                                                 >-
 ---pagebreak---                                 ANNEX IA
        Norwegian spring- spawning herring (Atlanto-Scandian herring)
                      Norwegian catch quotas for 1998
                                                        (in tonnes, fresh round weight)
Species          Area within which fishing is autorized               Quantity
Herring                        ICES Ha                                  9 000
 ---pagebreak---                                                 ANNEX II
When fishing within tlie 200-nautical-mile zone off tlie coasts of tlie Member States of the Community
which is covered by Community mles 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.    tlie 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---                                               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) tlie information specified under 1.5;
      (b) the quantity (in kilograms) 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 tlie identification of the vessel to which the transfer was
           made;
      (1) the quantity (in kilograms live-weight) of each species landed in a port of tlie 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 tlie 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 zones 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 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 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.
                                                  AJO
 ---pagebreak--- 3. Name of radio station            Call sign of radio station
   Skagen                           OXP
   Blâvand                          OXB
   Ronne                            OYE
   Norddeich                        DAF DAK
                                    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 Mead                       FFB
   Brest                            FFU
   Saint-Nazaire                    FFO
   Bordeaux-Arcachon                FFC
   Torshavn                         OX J
   Bergen                           LGN
   Farsund                          LGZ
   Flora                            LGL
   Rogaland                         LGQ
   Tjome                            LGT
   Àlesund                          LGA
       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",
                                                   M
 ---pagebreak---               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 tlie previous
        transmission using the code mentioned in point 5;
        the ICES divisions/sub-areas in which tlie 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 tlie transfer was made;
        the quantity (in kilograms live-weight) of each species landed in a port of tlie 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 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),
   11AL   -  IIalibut (Hippoglossus hippoglossus),
   MAC    -  Mackerel (Scomber scombrm),
   HOM    -  Horse-mackerel (Trachurus trachurus),
   RNG    -  Round-nose grenadier (Coryphaenoides rupestris),
   POK    -  Saithe (Pollachius virens),
   WHG    -  Whiting (Merlangus merlangus),
   HER    -  Herring (Clupea harengus),
   SAN    -  Sandeel (Ammodytes spp.),
   S PR    - 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),
                                              A°U
 ---pagebreak--- LEZ  - Megrim (Lepidorhombus spp.),
MNZ  - Angler/Monk (Lophius spp.),
NEP  - Norway lobster (Nephrops norvegicus),
POL  - Pollack (Pollachius pollachius),
ARG  - Argentine (Argentina sphyraena),
OTI1 - Other.
                                      4}
 ---pagebreak---  ---pagebreak---                                                                   ISSN 0254-1475
                                                           COM(97) 710 final
                                             DOCUMENTS
EN                                                                    03 11
                                    Catalogue number : CB-CO-97-730-EN-C
                                                             ISBN 92-78-29668-6
Office for Official Publications of the European Communities
L-2985 Luxembourg
                                           A<1