CELEX: 51994PC0642
Language: en
Date: 1994-12-16
Title: Proposal for a COUNCIL REGULATION (EC) laying down for the period until 31 March 1995 certain measures for the conservation and management of fishery resources applicable to vessels flying the flag of Norway

COMMISSION OF THE EUROPEAN COMMUNITIES
                                                          COM(94) 642 f i n a l
                                                          B r u s s e l s , 16.12.1994
                                           Proposal   for  a
                                  COUNCIL REGULATION           (EC)
 laying down for the period until 31 March 1995 certain measures for the conservation and
      management of fishery resources applicable to vessels flying the flag of Norway
                            ( p r e s e n t e d by the Commission)
 ---pagebreak---  ---pagebreak---                           EXPLANATORY MEMORANDUM
The Consultations between the Community and Norway, held in Brussels on 30 November
 1994, resulted in an agreement on reciprocal fisheries arrangements for 1995, until 31
March. These arrangements imply, inter alia, certain catch quotas for Norwegian vessels in
Community waters.
The Parties agreed to meet again, early in 1995, to agree on fisheries arrangements covering
the entire year 1995.
The purpose of this proposal for a regulation is to authorize Norwegian vessels to fish, as
from 1 January 1995, the quotas allocated to them in Community waters until 31 March
1995, in accordance with the above mentioned arrangements.
                                             A
 ---pagebreak---                                           Proposal for a
                      COUNCIL REGULATION (EC) No                         /94
                                    of         December 1994
laying down for the period until 31 March 1995 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 mutual fishing rights for the
period until 31 March 1995 and the management of common biological resources;Whereas
the Community and Norway agreed to hold consultations on their mutual fishing rights for
the remainder months of 1995 as early as possible in 1995;
Whereas, in the course of these consultations, the delegations agreed to recommend to their
respective authorities that certain catch quotas for 1995 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 the necessary measures should be taken to implement, for 1995, the results of the
consultations held between the delegations of the Community and Norway and thus prevent
any interruption of mutual fisheries relations as at 31 December 1994;
Whereas it is for the Council to lay down the specific conditions under which such catches
must be taken;
     1
        OJ No L 389, 31.12.1992, p. I.
     2
        OJ No L 226, 29.8.1980, p. 48.
 ---pagebreak--- Whereas the fishing activities covered by this Regulation are subject to the relevant control
measures provided for in Council Regulation (EEC) 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 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,
HAS ADOPTED THIS REGULATION:
                                           Article 1
1.      Vessels flying the flag of Norway are hereby authorized until 31 March 1995 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 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.
    3
       OJ No L 261, 20.10.1993, p. 1.
    4
       OJ No L 132, 21.5.1987, p. 9.
 ---pagebreak---                                           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 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 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
                                         Article 3
   When fishing in any ICES division under the quotas fixed in Article I, vessels
   exceeding 200 GRT must hold a licence and special fishing permit issued by the
   Commission on behalf of the Community and must observe the conditions as
   established by that licence and special fishing permit.
   Norway shall notify to the Commission the name and characteristics of the vessels for
   which licences and special fishing permits may be issued.
   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.
   Request for amendments to the list of vessels licensed may be made at any time and
   shall be processed expeditiously.
   When an application for a licence and special fishing permit is submitted to the
   Commission, the following information must be supplied:
   (a)      name of the vessei;
   (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;
                                                 l
                                                   l
 ---pagebreak---        (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 the day
       before the date of issue of the new licences and special fishing permits by the
       Commission. New licences and special fishing permits shall take effect from their
       date of issue.
6.     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 the obligations laid down in this Regulation.
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 the next month(s), as a consequence of an infringement
       of Community rules.
                                           Article 4
Fishing within the quotas fixed in Article I 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.
 ---pagebreak---                                          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 authorization, until the new lists of
vessels for the year in question have been approved.
                                         Article 7
This Regulation shall enter into force on 1 January 1995.
       This Regulation shall be binding in its entirety and directly applicable in all Member
       States.
       Done at Brussels,         December 1994.
                                                                              For the Council
                                                                                The President
 ---pagebreak---                                                                       ANNEX I
                                                    Norwegian catch quotas for 1995
                                                                                                    (in metric tonnes, fresh round weight)
                 Species                       Area within which fishing is authorized                               Quantity
Mackerel                                    ICES Via '2), Vlld, e, f, h, lia                                         5,700            <5)
Herring                                     ICES Via ( 2 )                                                           2,000
Sprat                                       ICES IV                                                                 10,000
Cod                                         ICES IV                                                                  3,500
Haddock                                     ICES IV                                                                  6,700
                                                                     (3)
Saithe                                      ICES IV, Skagerrak                                                     30,000
Whiting                                      ICES IV                                                                 3,300
Plaice                                      ICES IV                                                                  2,000
                                                                                                                                      (6)
Mackerel                                    ICES IV, Ilia                                                           19,100
Sandeei, Norway Pout, Blue                  ^      Jy
Whiting
Blue Whiting                                ICES II, IVa, Via a \ VIb, VII      (4)
                                                                                                                  164,000           (8 (9)
                                                                                                                                       '
Blue Ling                                   ICES IV, Vb, VI, VII, Ha                                                   335
                                                                                                                                     (l0)(,1)
Ling, Tusk                                  ICES IV, Vb, VI, VII, lia                                                5,000
                                                                                                                                     (12j
Dogfish                                     ICES IV, VI, VII                                                           500
                   (1>
Basking Shark                              ICES IV, VI, VII                                                             35
Porbeagle                                   ICES IV, VI, VII                                                            70
Shrimp                                     ICES IV                                                                      35
                                                                                                                                     tl3)
Other Species                               ICES IV, Ha                                                              1,700
                                                                                                                                    (l4>
Herring                                    ICES IVa, b                                                             16,700
Horse Mackerel                             ICES IV                                                                   1,700
Combined quota                             ICES Vb, VI, VII                                                            700          <15)
                                                                                                                                    (16)
Greenland Halibut                          ICES Ha, VI                                                                 600
 Basking shark liver.
 North of 5 6 ° 3 0 ' N .
 Limited 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 coast of Sweden. Limited to the Community zone as at present constituted.
 West of 1 2 ° 0 0 ' W .
 [ P.M.!
 May be fished in IVa only, except for 900 tonnes which may be fished in Ilia.
 Of which sandeei alone not more than 1 6,700 tonnes or Norway pout and blue whiting together not more than 1 6,700 tonnes. Up to 3,300 tonnes
 of the Norway pout quota may be fished in ICES Via north of 5 6 ° 3 0 ' N . However, this quantity should be deducted from the quota of sand-eel,
 Norway pout and blue whiting in ICES IV.
 Of which no more than 32,000 tonnes may be fished in ICES division IVa.
 Of which up to 6,400 tonnes of Argentine may be fished.
 Of which an incidental catch of other species of 2 5 % per ship, at any moment, is authorized in ICES 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 VI
 and VII should not exceed 1,000 tonnes.
 Of which ling may be a maximum of 4,000 tonnes, tusk a maximum of 2,400 tonnes and blue ling a maximum of 1,035 tonnes.
 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.
 Including fisheries not specifically mentioned; exceptions may be introduced after consultations, as appropriate; no directed fishery for sole is
 foreseen for 1 995.
 An additional 3,300 tonnes will be granted if such an increase is called for.
 Taken with long lines only; including rat tails, mora mora and greater fork beard.
 Taken with long lines only.
                                                                                 7
 ---pagebreak---                                          ANNEX II
When fishing within the 200-nautical-mile zone off the coasts of the Member States of the
Community which is covered by Community rules 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) 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) the 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 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 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;
                                                    S
 ---pagebreak---      (e)    the date, the time and the geographical position of the vessel.
2.1. The information specified under point 1 shall be transmitted to the Commission of the
     European Communities in Brussels (telex 24189 FISEU-B) via one of the radio stations
     listed under point 3 below and in the form specified under point 4.
2.2. If it is impossible for reasons of force majeure for the message to be transmitted by the
     vessel, it may be transmitted on the vessel's behalf by another vessel.
3.   Name of radio station Call sign of radio station
     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 Head                EJM
     Boulogne                  FFB
     Brest                     FFU
     Saint-Nazaire             FFO
     Bordeaux- Arcachon        FFC
     Thorshavn                 OXJ
     Bergen                    LGN
     Farsund                   LGZ
     Floro                     LGL
     Rogaland                  LGQ
     Tjome                     LGT
     Alesund                   LGA
                                                   Ac
 ---pagebreak--- 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.
The code to be used to indicate the species on board as mentioned in 4 above:
PR A - Northern deep-water prawn (Pandalus boreal is),
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.),
S PR - Sprat (Sprattus sprattus),
PLE - Plaice (Pleuronectes platessa),
 ---pagebreak--- 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),
LEZ - Megrim (Lepidorhombus spp.),
MNZ - Angler/Monk (Lophius spp.),
NEP - Norway lobster (Nephrops norvegicus),
POL - Pollack (Pollachius pollachius),
ARG - Argentine (Argentina sphyraena),
OTH - Other.
                                           ?
                                        /
 ---pagebreak---  ---pagebreak---                                                                      ISSN 0254-1475
                                                               COM(94) 642 final
                                                      DOCUMENTS
                                                                               03
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                                 Catalogue number : CB-CO-94-665-EN-C
                                                             ISBN 92-77-83898-1
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