CELEX: 51997PC0664
Language: en
Date: 1997-12-04
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 Latvia

COMMISSION OF THE EUROPEAN COMMUNITIES
                                                                         Brussels, 04.12.1997
                                                                         COM(97) 664 final
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                                                COUNCIL REGULATION (EC)
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                   t-.      laying down for 1998 certain measures for the conservation and management
                     &            of fishery resources applicable to vessels flying the flag of Latvia
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 ---pagebreak---  ---pagebreak---                              EXPLANATORY MEMORANDUM
In conformity with the Agreement on Fisheries Relations between the European Community and
the Republic of Latvia, signed in Brussels on 19 December 1996, consultations were held
between the Community and Latvia in Rigafrom23 to 24 October 1997, resulting in an Agreed
Record of conclusions defining a reciprocalfisheriesarrangement for 1998.
The purpose of this proposal for a regulation is to authorize Latvian vessels to fish the quotas
allocated to them for 1998 in waters of the Community, in accordance with the above mentioned
reciprocal arrangement.
 ---pagebreak---                                                 Proposal for a
                           COUNCIL REGULATION (EC) No                          /98
                                          of.... December 1997
           laying down for 1998 certain measures for the conservation and management
                 of fishery resources applicable to vessels flying the flag of Latvia
 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( , and in particular Article 8 (4) thereof,
Having regard to the proposal from the Commission,
Whereas, in accordance with the procedure provided for in the Agreement on fisheries relations
between the European Community and the Republic of Latvia( , and in particular Articles 3 and
6 thereof, the Community and Latvia have held consultations concerning their mutual fishing
rights for 1998 and the management of common living 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 necessary measures should be taken to implement, for 1998, the results of the
consultations held with Latvia;
Whereas it is for the Council to lay down the specific conditions under which catches by vessels
flying the flag of Latvia can be taken;
Whereas the fishing activities covered by this Regulation are subject to the 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 ,
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(4)
provides that all vessels with chilled or refrigerated sea-water tanks are to keep, on board a
document, certified by a competent authority, indicating the calibration of the tanks in cubic
metres at 10-centimetre intervals,
(i)
        OJ No L 389, 31.12.1992, p. 1. Regulation as amended by the 1994 Act of Accession
(2)
        OJ No L 332, 20.12.1996, p.l.
(3)
        OJ No L 261,20.10.19.93, p. 1.
(4)
        OJNoL 132, 21.5.1987, p. 9.
 ---pagebreak---  Whereas, for imperative reasons of common interest, this Regulation will apply from 1 January
 1998,
 HAS ADOPTED THIS REGULATION:
                                              Article 1
 1. From 1 January to 31 December 1998, vessels flying the flag of Latvia 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. Fishing for cod shall be prohibited in
    the Baltic Sea, the Belts and the Sound from 10 June to 20 August 1998 inclusive.
2.  Fishing authorised 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 and south of 59°30' North.
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. 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 zone referred to in that
    Article.
2.  The vessels shall keep a Jog-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, indicating the calibration of the tanks in cubic
    metres at 10-centimetre intervals.
5.  The registration letters and numbers of vessels must be clearly marked on the bow of each
    vessel on both sides.
                                                    V
 ---pagebreak---                                                Article 3
 1.  Fishing under the quotas fixed in Article 1 shall be permitted only where a licence and à
     special fishing permit has been issued by the Commission, on behalf of the Community, at
     the request of the Latvian authorities and in compliance with the conditions set out in
     Annexes II and III. Copies of these Annexes and the licence and the special fishing permit
     shall be kept on board 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 15th day of the preceding month. The Community shall
     expeditiously process requests for adjustments to a monthly list during its duration.
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 is requested.
3.  Licences and special fishing permits shall be issued provided that the number of licences
    valid at any time during a given month or year does not exceed the amount mentioned in
    Annex I.
4.  Only fishing vessels under 43 metres are authorised to fish.
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 canceled with a view to the issuing 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 s_pecial fishing permits shall be wholly or partially withdrawn before the date
    of expiry if the respective quotas fixed under Annex I have been exhausted.
 ---pagebreak--- 8. Licences and specialfishingpermits shall be withdrawn in the event of any failure to meet
    me obligations laid down in this Regulation.
9. For a period not exceeding twelve 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, on behalf of the Community, shall submit to Latvia the names and
    characteristics of Latvian 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 authorised to fish on 31 December may continuefishingas from the beginning of next
year until the list of vessels permitted to fish during the year in question is submitted to and
approved by the Commission on behalf of the Community.
                                             Article 5
This Regulation shall enter into force on the day of its publication on the Official Journal of the
European 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---                                                  ANNEXI
                            Latvian catch quotas and licences for 1998
                     Fishing zone of the Members States of the Community
     Cod                        ICES III(d)(I)                         2,500
    Herring                     ICES III(d)(1)                         2,500               } 110(58)
                                                                                           }
     Sprat                     ICES III(d)(1)                          6,000
    Salmon                     ICES III(d)(1)                        2,000(2)                 6(4)
0)   Beyond 12-nautical-miles from the baselines from which the territorial sea is measured and south of 59°30'
     North.
(2)
     Number of individual fish.
(3)
     The number of licences and special fishing permits valid at any given time is mentioned between brackets.
      In addition, a maximum of five transport refrigerator vessels will be authorised in the herring and sprat
     fisheries, but no more than three vessels will be authorised at any given time.
 ---pagebreak---                                               ANNEX H
When fishing within the 200-nautical-mile zone off the coasts of the Member States of the
Community which is covered by Community rules onfisheries*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 transshipment 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 transshipped;
        2.3.    the name, external identifications letters and numbers of the vessel to or from
                which the transshipment occurred;
        2.4.    transshipment 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 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 i n
1.   The information to be transmitted to the European 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)      me 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 zone referred to
     under 1.1 on any given day, one single communication on the last exit shall suffice.
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;
     (e)      the date, the time and the geographical position of the vessel.
 ---pagebreak--- 2.1". The information specified under point 1 shall be transmitted to the European
      Commission in Brussels (telex 24189 FISEU-B) via one of the radio stations listed under
      point 3 below and in the form specified under point 4.
2.2.  If it is impossible for reasons offorce 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                    . DAP DAK
                                      DAHDAL
                                      DAI DAM
                                      DAJDAN
      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                       SDJ
      Gryt                            (no call sign)
      Gôteborg                        SOG
      R0nne                           OYE
      Maarianhamina                   OHM
      Helsinki '                      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:
                                                  /o
 ---pagebreak---         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 (Sprattus sprattus).
                                           II
 ---pagebreak---  ---pagebreak---  ---pagebreak---  ---pagebreak---                                                                    ISSN 0254-1475
                                                            COM(97) 664 final
                                              DOCUMENTS
EN                                                                03 11 14
                                    Catalogue number : CB-CO-97-682-EN-C
                                                             ISBN 92-78-28665-6
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