CELEX: 51993PC0612(02)
Language: en
Date: 1993-11-26
Title: Proposal for a COUNCIL REGULATION (EEC) laying down for 1994 certain measures for the conservation and management of fishery resources applicable to vessels flying the flag of Latvia

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        COMMISSION OF THE EUHOPEAN COMMUNITIES
                                                COM(93) 612 final
                                                Brussels, 26 November 1993
                                  Proposal for a
                             COUNCIL REGULATION (EEC!
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              allocating, for 1994, catch quotas between Member States
                        for vessels fishing in Latvian waters
                                  Proposal for a
                             COUNCIL REGULATION (EEC)
                      laying down for 1994 certain measures
                        for the conservation and management
                   of fishery resources applicable to vesseli
                             flying the flag of Latvia
                          (presented by the Commission)
 ---pagebreak---                               EXPLANATORY MEMORANDUM
    Consultations between the Community and Latvia, held in Riga on 13-14
    October 1993, have resulted in an agreement defining reciprocal fisheries
    arrangements  for 1994. These arrangements provide, inter alia, for
    certain catch quotas for Community vessels in the Latvian fishing zone.
    The purpose of this proposal for a regulation is to allocate among the
    Member States the quotas available in 1994 to Community vessels fishing
    in the Latvian zone under the above mentioned arrangements.
    The proposed allocation among Member States of quotas for herring, sprat
    and salmon has been based on the key used for allocations outside
    Community waters in the Baltic Sea. The allocation for cod has been
    based on the 1983 key used inside Community waters - giving a slightly
    higher share to Germany - in order to take account of catches previously
    made by the former German Democratic Republic in the ex-USSR fishing zone
    in the Baltic Sea.
    The proposal also provides for the payment of a financial compensation of
    ECU 151.871 in accordance with article 7 of the framework agreement, and
    a financial contribution of ECU 15,000 for the promotion of the setting
    up of joint ventures, as foreseen under article 8 of the framework
    agreement.
(2)
 ---pagebreak---                            COUNCIL REGULATION (EEC) No     /
               allocating, for 1994, catch quotas between Member States
                          for vessels fishing in Latvian waters
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic 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 Fisheries
Agreement between the European Economic Community and the Government of
L a t v i a ^ ) t a n d in particular Articles 3 and 6 thereof, the Community
and Latvia have held consultations concerning their mutual fishing rights
for 1994 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
1994 should be fixed for the vessels of the other Party;
Whereas the necessary measures should be taken to implement, for 1994,
the results of the consultations held between the delegations of the
Community and Latvia;
Whereas to ensure efficient management of the catch possibilities
available in Latvian waters, they should be allocated among the Member
States as quotas in accordance with Article 8 of Regulation (EEC) No
3760/92;
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 (3).                     f
(!) OJ No L 389, 31.12.1992, p. 1.
 (2) OJ No L 56, 09.03.1993, p. 1.
 (3> OJ No L 261, 20.10.1993, p. 1.
 ---pagebreak---                                     3
HAS ADOPTED THIS REGULATION:
                                Article 1
From 1 January to 31 December 1994 vessels flying the flag of a Member
State are hereby authorised to make catches within the quota limits set
out in the Annex in waters falling within the fisheries jurisdiction of
Latvia.
                                Article 2
1. The financial contribution provided for in Article 7 of the Agreement
shall be set for the period referred to in Article 1 at ECU 151.871,
payable to an account designated by Latvia.
2. The financial contribution provided for in Article 8 of the Agreement
shall be set for the period referred to in Article 1 at ECU 15,000,
payable to an account designated by Latvia.
                                Article 3
This Regulation shall enter into force on the 1 January 1994.
This Regulation shall be binding in its entirety and directly applicable
in all Member States.
Done at Brussels,
        For the Council
         The President
 ---pagebreak---                              ANNEX
Allocation of Community catch quotas in Latvian waters for 1994
             (in metric tonnes fresh round weight;
            for salmon: numbers of individual fish)
 Species     ICES Division      Community       Quotas allocated
                               Catch Quotas     to Member States
 Cod             III d              100         Denmark    70
                                                Germany    30
 Herring         III d             3000         Denmark  1710
                                                Germany  1290
 Salmon          III d             1000t 1 )    Denmark   900(*)
                                                Germany   lOOf 1 )
 Sprat           III d             4000         Denmark  3160
                                                Germany   840
 (1) Numbers of individual fish
 ---pagebreak---                Proposal for a
          COUNCIL REGULATION (EEC)
   laying down for 1994 c e r t a i n measures
     for the conservation and management
of fishery resources a p p l i c a b l e t o v e s s e l s
          flying the f l a g of Latvia
 ---pagebreak---                                      u
                         EXPLANATORY MEMORANDUM
In accordance with the framework fisheries agreement, consultations
were held between the Community and Latvia in Riga on 13-14 October
1993, resulting in an agreement on reciprocal fisheries arrangements
for 1994, covering the fishing rights of each party in the zone of the
other.
The purpose of this proposal for a regulation is to authorise Latvian
vessels to fish the quotas allocated to them for 1994 in Community
waters, in accordance with the above mentioned reciprocal arrangements.
 ---pagebreak---                                        1-
                     COUNCIL REGULATION (EEC) No ..../
                    laying down for 1994 certain measures
                      for the conservation and management
                 of fishery resources applicable to vessels
                           flying the flag of Latvia
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard      to   the  Treaty   establishing  the   European   Economic
Community,
Having regard to Council Regulation (EEC) No 3760/92 of 20 December
1992    establishing       a   Community    system    for    fisheries    and
aquaculture^ 1 ), and in particular Article 8 (4)thereof,
Having regard to the proposal from the Commission,
Whereas, in accordance with the procedure provided for in the Fisheries
Agreement between the European Economic Community and the Government of
Latvia(2) # a n d in particular Articles 3 and 6 thereof, the Community
and Latvia have held consultations concerning their mutual fishing
rights for 1994 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 1994 should be fixed for the vessels of the other Party;
Whereas the necessary measures should be taken to implement, for 1994,
the results of the consultations held between the delegations of the
Community and Latvia;
Whereas it is for the Council to lay down the specific conditions under
which catches by vessels flying the flag of Latvia must be taken;
Whereas the fishing activities covered by this Regulation are subject
to the control measures provided for by Council Regulation No 2847/93
of 12 October 1993 establishing a control system applicable to the
Common Fisheries Policy( 3 );
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 and specifying the calibration of
the tanks in cubic metres at 10-centimetre intervals;
 C1) OJ No L 389, 31.12.1992, p. 1.
 (2) OJ No L 56, 09.03.1993, p. 5.
 <3) OJ No L 261, 20.10.1993, P. 1.
 (4)  OJ No L 132, 21.05.1987, p. 2.
 ---pagebreak---                                     %
HAS ADOPTED THIS REGULATION:
                               Article 1
1. From 1 January to 31 December 1994 vessels flying the flag of
Latvia are hereby authorised to fish for the species listed in Annex
1. 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,
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.
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 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 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 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 specifying the calibration of the tanks in
cubic metres at 10-centimetre 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.
                               Article 3
1. Fishing within ICES sub-area III division d under the quotas fixed
in Article 1 shall be permitted only where a licence 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 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.
 ---pagebreak--- 2. Licences shall be issued for the purposes of paragraph 1 provided
that the number of licences valid at any time during a given month does
not exceed:
    8 for the fishing of cod;
    15 for the fishing of herring and sprat.
Only fishing vessels under 40 metres will be authorized.
3. When an application for a licence 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;
(9 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.
4. Each licence 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.
5. Licences may be cancelled with a view to the issue of new licences.
Such cancellations shall take effect on the day before the date of
issue of the new licences by the Commission. New licences shall take
effect from their date of issue.
6. Licences shall be wholly or partially withdrawn before the date of
expiry if the respective quotas fixed in Article 1 have been exhausted.
7. Licences shall be withdrawn in the event of any failure to meet the
obligations laid down in this Regulation.
8. For a period not exceeding 12 months, no licence shall be issued
for any vessel in respect of which the obligations laid down in this
Regulation have not been met.
 ---pagebreak---                                     10
9. Vessels authorised to fish on 31 December may continue fishing as
from the beginning of 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 4
Where an infringement is duly found to have taken place, the Member
States shall without delay inform the Commission of the name of the
vessel concerned and of any action they have taken.
The Commission shall submit, on behalf of the Community, to Latvia the
names and characteristics of the Latvian vessels which will not be
authorised to fish in the Community's fishing zone for the next
month(s) as a consequence of an infringement of Community rules.
                               Article 5
This Regulation shall enter into force on the 1 January 1994.
This Regulation shall be binding       in  its  entirety  and  directly
applicable in all Member States.
Done at Brussels,
                                          For the Council
                                           The President
 ---pagebreak---                        U
                   ANNEX I
        Latvian catch quotas for 1994
Species         Area within which     Quantity
              fishing is authorised   (Tonnes)
Cod                ICES III d            200
Herring            ICES III d           2000
Sprat              ICES III d           6000
 ---pagebreak---                                    a.
                                ANNEX II
When fishing within the 200-nautical-mile zone off the coasts of the
Member States of the Community which is covered by Community rules on
fisheries, the following details are to be entered in the log-book
immediately after the following events:
1.      after each haul:
1.1.        the quantity   (in kilograms  live-weight) of each   species
            caught;
1.2.        the date and the time of the haul;
1.3.        the geographical position in which the catches were made;
1.4.        the fishing method used.
2.      after each transhipment to or from another vessel:
2.1.        the indication 'received from' or 'transferred to'';
2.2.        the quantity   (in kilograms  live-weight) or each   species
            transhipped;
2*3.        the name, external identifications 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---                                  M
                             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.
 ---pagebreak---                                  1%
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
     Blavand                          OXB
     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 Head                       EJM
     Boulogne                         FFB
     Brest                            FFU
     Saint-Nazaire                    FFO
     Bordeaux-Arcachon                FFC
     Stockholm                        SOJ
     Goteborg                         SOG
     Ronne                            OYE
4.   Form of the communications
     The information specified under point 1 shall contain the
     following elements which shall be given in the following order:
     -    name of vessel;
     -    call sign;
          external identification letters and numbers;
 ---pagebreak---        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.
5. The code to be used to indicate      the  species  on  board as
   mentioned in point 4 above:
   COD -                          Cod (Gadu morhua),
   SAL -                          Salmon (Salmo Salar),
   HER —                          Herring (Clupea harengus),
   SPR -                          Sprat (Sprattus sprattus).
 ---pagebreak---                                                                                  lb
                      F I N A N C I A I,             S T A T K M K N T
                                                                                               IVUve
1 . Budget l i n e connected :             B7 -     800
2. Action     :      Fisheries           Arrangement      EEC- L a t v i a f o r      1994
3. Legal basis ;             Fisheries        Agreement       EEC-Latvia           - OJ No L 5 6 , 9 / 3 / 1 9 9 3 ,      Page 5 -
4. Objectives :              To o b t a i n f i s h i n g q u o t a s f o r Community v e s s e l s i n t h e L a t v i a n
                             F i s h i n g Z o n e , and c o n t r i b u t i o n f o r t h e e s t a b l i s h m e n t o f J o i n t
                             Ventures.
5. Financial consequence :                             fox the marketing year ouxxent financial year following financial year
                                                                                              ( 1994
5-0 Expenditure
     -charged t o the EC budget                                                          166.871           ECU
       (refunds/interventions)
     -charged t o national adninistx-
     -charged t o other national groups
5.1 Receipts
     -own resources of the EC
       (levies/customs duties)
     -national
5.2 Method of calculation
      Compensation f o r f i s h quotas ( A r t i c l e                   7)                                             151.871     ECU
      C o n t r i b u t i o n under A r t i c l e 8                                                                                  ECU
                                                                                                                          15_-iLQ.o
                                                                                                                         166.871     ECU
6.0 Financing possible with c r e d i t s inscribed in relevant chapter of current budget?                                            YEStO
6.1 Financing possible by transfer between chapters of current budget?                                                                YESm
6.2 Necessity fox a supplementary budget?                                                                                            Mft/NO
6.3 Credits to be written into future budgets?                                                                                        YEsm
Comments            The f i n a n c i a l c o m p e n s a t i o n h a s b e e n n e g o t i a t e d on t h e b a s i s of
                    average landing prices in 1992 in Baltic Conmunity ports. Deduction has been made for estimated
                    exploitation costs for each of the species.
                     The financial contribution under Article 8 of the framework Agreement has been calculated on
                     the basis of 10 % of the value of the financial compensation under Article 7.
 ---pagebreak---                                                                      ISSN 0254-1475
                                                              COM(93)612final
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