CELEX: 51997PC0687
Language: en
Date: 1997-12-12
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 the Faeroe Islands

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                          COMMISSION OF THE EUROPEAN COMMUNITIES
           it     *
                                                             Brussels, 12.12.1997
                                                             COM(97) 687 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 the Faroe Islands
                                   (presented by the Commission)
 ---pagebreak---  ---pagebreak---                                 EXPLANATORY MEMORANDUM
 The consultations between the Community and the Faroe Islands, held in Tôrshavn on 13 and
 14 October 1997, resulted in an agreement on reciprocal fisheries arrangements for 1998. These
 arrangements imply, inter alia, certain catch quotas for Faroese vessels in Community waters.
 Furthermore, 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,
 under which the Faroe Islands will be entitled to fish 11,000 tonnes of their share in Community
 fishing waters.
 The purpose of the proposed regulation is to authorize Faroese vessels to fish, as from 1 January
 1998, the quotas allocated to them in Community fishing waters for 1998, in accordance with the
 above mentioned arrangements.
^WnMMMWii
 ---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 the Faroe Islands
 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(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 Article 2 of the Agreement on fisheries
 between the European Economic Community, of the one part, and the Government of Denmark and
 the Home Government of the Faroe Islands, of the other part(2), the Community and the Home
 Government of the Faroe Islands have held consultations concerning their mutual fishing rights for
 1998;
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 Community, the Faroe Islands, Iceland, Norway and the Russian Federation, held
consultations 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 the Faroe Islands may fish 11,000 tonnes of their share in Community fishing waters north of
62° N;
Whereas measures should be taken to implement the results of these consultations between the
Community and the Faroe Islands and thus prevent any interruption of mutual fisheries relations as
at 31 December 1997;
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);
(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. 11.
(3)
        OJ No L 261, 20.10.1993, p. 1.
 ---pagebreak---  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( ) provides that all
 vessels with chilled or refrigerated seâ-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 registered in the Faroe Islands are hereby authorized, from 1 January to
            31 December 1998, 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,
            the Baltic Sea and the Atlantic Ocean north of 43°00'N.
 2.         Fishing authorized under paragraph 1 shall be limited, except in the Skagerrak, 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 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.
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 shall keep a log 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 and specifying the calibration of the tanks in
           cubic metres at 10-centimetre intervals.
5.         The registration letters and numbers of the vessels must be clearly marked on the bow of
           each vessel on both sides
(4)
           OJ No L 132, 21.5.1987, p. 9.
 " ' I II '   | ill f | | I IJII ffïï'lfl III' ÉIII
 ---pagebreak---                                                     Article 3
           Fishing shall be permitted only where a licence and a special fishing permit are issued by the
           Commission on behalf of the Community and in compliance with the conditions set out in
           Annexes II and III.
           Licences and special fishing permits shall be issued for the purposes of paragraph 1
          provided that the number of licences and special fishing permits valid on any one day does
          not exceed:
           (a)     14 for the fishing of mackerel in ICES divisions Via (north of 56°30'N), Vile, f and
                  h, sprat in ICES sub-area IV and division Via (north of 56°30'N), horse-mackerel in
                  ICES sub-area IV and divisions Via (north of 56°30'N), Vile, f and h and herring in
                  ICES division Via (north of 56°30'N); 4 for the fishing of herring in ICES division
                  Ilia N (Skagerrak);
           (b)     15 for the fishing of Norway pout in ICES sub-area IV and division Via (north of
                  56°30*N) and sand-eel in ICES sub-area IV;
          (c)     20 for the fishing, by long line, of ling, tusk and blue ling in ICES divisions Via
                  (north of 56°30'N) and VIb; however, the total number of vessels allowed to fish
                  simultaneously shall not exceed 10;
          (d)      16 for the fishing, by trawl, of blue ling in ICES divisions Via (north of 56°30'N)
                  and VIb;
          (e)     20 for the fishing of blue whiting in ICES sub-area VII (west of 12°00'W) and ICES
                  divisions Via (north of 56°30'N) and VIb;
          (f)     3 for the fishing, by long-line, of porbeagle in the whole Community zone with the
                  exception of NAFO 3PS.
          (g)     21 for the fishing of herring in ICES division lia, (north of 62° N). Requests for
                  replacement of licenses and special fishing permits within this maximum number
                  may be made at any time and shall be processed expeditiously.
          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 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 and a special fishing permit is requested.
é±iémïtÊÊmmmmÉèÉmmmm*mmmmmâmmmmàmmémm                  ^
 ---pagebreak--- 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 inpossession
         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 the Faroe Islands, the names
         and characteristics of the Faroese vessels which will not be authorized to fish in the
         Community's fishing zone during the next month(s) as a consequence of an infringement of
         Community rules.
                                                  Article 4
Fishing in the Skagerrak shall be subject to the following conditions:
1.       direct fishing for herring for purposes other than human consumption shall be prohibited;
2.       the use of trawls and purse seines for the capture of pelagic species shall be prohibited from
         Saturday midnight to Sunday midnight.
                                                 Articles
Vessels authorized to fish on 31 December may continue fishing as from the beginning of the 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 6
This Regulation shall enter into force on the day of tis publication in 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
             AfaiMato*p*ttfaM*MkH^                        ^
 ---pagebreak---                                                         ANNEX I
                                           Faroese catch quotas for 1998
  1.     Quotas for Faroese vessels fishing in Community fishing waters
                Species                              Fishing zone: ICES                            Quantity
                                                      sub-area/division                            (tonnes)
        Ling, tusk, blue ling                              VIa(1), VIb                          800      (4)(5)
                Blue ling                                  VIa{1), VIb                          940         (6)
               Mackerel                             , VIa(1), VHe, f, h                       3,930         (7)
                Herring                                       VIa(1)                            660
           Horse mackerel                           IV, VIa(1), Vile, f, h                    7,000
             Norway pout                                   IV, VIa(1)
                  Sprat                                    IV, VIa(1)
                                                                                                            (8)
                Sandeel                                         IV                      _   20,000
             Blue whiting                              VIa(I), VIb, Vïï(2)                  62,000          (9)
           Other white                 fish                IV, VIa(1)                           400
          (by-catches only)
                Herring                             Ilia N (Skagerrak)(3)                       500
                                                                                                            (4)
               Porbeagle                          Entire Community zone                         125
                                                      except NAFO 3PS
 (i)
     North of 56°30'N.
 (2)
     West of 12e00'W.
 (3)
     Limited in the west by a line drawn from the lighthouse of Hanstholm to the lighthouse of Lindesnes and in the
     south by line drawn from the lighthouse of Skagen to the lighthouse of Tistlarna and from there to the nearest coast
     of Sweden.
(4)
     To be fished by long-line.
(5)
     Of which an incidental catch of other species of 20% per ship, at any moment, is authorized in ICES divisions Via
     and b. However, this percentage may be exceeded in the first 24 hours following the beginning of the fishing on a
     specific ground. The total incidental catch of other species in Via and b may not exceed 75 tonnes.
(6)
     To be fished by trawl; by-catches of roundnose grenadier and black scabbard to be counted against this quota.
(7)
     Of which 1,000 tonnes may be fished from 1 October to 31 December 1998 in Community waters of ICES division
     IVa.
(8)
     The overall quota (including for Norway pout and sandeel, unavoidable by-catches of blue whiting) includes a
     maximum of 2,000 tonnes of sprat. A maximum of 6,000 tonnes of Norway pout may be fished in ICES division
     Via north of 56°30.'N subject to the provision on request by the Community of details of the quantity and
     composition of any by-catch taken.
(9)
     Unavoidable by-catches of Argentine to be counted against this quota.
                                                             *
 ---pagebreak---  2. Quotas for Faroese vessels fishing in Greenland waters according to Article 1 (3) of the
     EEC/Greenland Fisheries Protocol(1) (shown for information only)
                 Species                      Fishing zones:              QMtify
                                             ÏCES division or              ftoiines)
                                             NAFÔ sub-area
       Northern deep-water prawns                 xrwv                       1,150
           (Pandalus borealis)
            Greenland halibut                   NAFO 0/1                      150
                                                                              150
                                                  xrwv
                 Redfish                                                      500
                                                  xrv/v
                 Capelin                                                    10,000
                                                  xiv/v
 (i)
     OJNoC287, 15.10.1994, p. 11
3. Norwegian spring-spawning herring (Atlanto-Scandian herring)
                                       Fishing zones :
            Species                   ICES division or                 Quantity
                                      NAFO sub-area                     (tonnes)
           Herring                           Ha                          11,000
dMM^MMm
                                              %
 ---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 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 tp or from another vessel :
     2.1.  the indication "receivedfrom"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, WKLor2WKL;
    4.3.   in the casé of radio transmission: name of the radio station.
 ---pagebreak---                                                ANNEX n i
 1.   The information to be transmitted to the European Commission and the timetable for its
      transmission are as follows:
 1.1. On each occasion the vessel enters the 200-nautical-mile zone off the coasts of the Member
      States of the Community which is covered by Community rules on fisheries:
      (a) the information specified under 1.5;
      (b) the quantity (in kilograms live-weight) of each species of fish in the hold;
      (c) the date and ICES division within which the master intends to commence fishing.
          Where the fishing operations necessitate more than one entry into the zones referred to
          under 1.1 on a given day, one communication shall suffice on first entry.
1.2. On each occasion the vessel leaves the zone referred to under 1.1:
      (a) the information specified under 1.5;
      (b) the quantity (in kilograms live-weight) of each species of fish in the hold;
      (c) the quantity (in kilograms live-weight) of each species caught since the previous
           transmission;
      (d) the ICES division in which the catches were taken;
      (e) the quantity (in kilograms live-weight) of each species transferred to and/or from other
           vessels since the vessel entered the zone and the identification of the vessel to which the
           transfer was made;
      (f) the quantity (in kilograms live-weight) of each species landed in a port of the Community
           since the vessel entered the zone.                         \ *'
          Where the fishing operations necessitate more than one entry into the zones referred to
          under 1.1 on a given day, one single communication on the last exit will be sufficient.
1.3. At three-day intervals, commencing on the third day after the vessel first enters the zones
     referred to under 1.1 when fishing for herring and mackerel, and at weekly intervals,
     commencing on the seventh day after the vessel first enters the zone referred to under 1.1 when
     fishing for all species other than herring and mackerel:
     (a) the information specified under 1.5;
     (b) the quantity (in kilograms live-weight) of each species caught since the previous
          transmission;
     (c) the ICES division in which the catches were made.
1.4. On each occasion the vessel moves from one ICES division to another:
     (a) the information specified under 1.5;
     (b) the quantity (in kilograms live-weight) of each species caught since the previous
          transmission;
     (c) the ICES division in which the catches 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 serial number of the message for the voyage concerned;
     (c) identification of the type of message;
     (d) the date, the time and the geographical position of the vessel.
        mmmmmm&mmmmm
 ---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 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
       Nôrddeich                  DAFDAK
                                 DAHDAL
                                 DAI DAM
                                 DAT DAN
       Scheveningen              PCH
       Oostende                  OST
       North Foreland            GNF
       Humber                    GKZ
       Cullercoats               GCC
      Wick                       GKR
      Portpatrick                GPK
      Anglesey                   GLV
      Ilfracombe                 GIL
      Niton                      GNI
      Stonehaven                 GND
      Portishead                 GKA
                                 GKB
                                 GKC
      Land's End                 GLD
      Valentia                   EJK
      Malin Head                 EJM
      Boulogne                   FFB
      Brest                      FFU
      Saint-Nazaire              FFO
      Bordeaux-Arcachon          FFC
      Torshavn                   OXJ
      Bergen                     LGN
      Farsund                    LGZ
      Flora                      LGL
      Rogaland                   LGQ
      Tj0me                     LGT
      Âlesund                   LGA
d^y^jgli
                                                       (1
 ---pagebreak--- 4.  Form of the communications
    The information specified under point 1 shall contain the following particulars, which shall
    be given in the following order:
         name of vessel;
         call sign;
         external identification letters and numbers;
         serial number of the message for the voyage in question;
         indication of the type of message according to the following code:
               message when entering one of the zones referred to under 1.1: "IN",
               message when leaving one of the zones referred to under 1.1: "OUT",
               message when moving from one ICES division to another: "ICES",
               weekly message: "WKL",
               three-day message: "2 WKL";
        the date, the time and the geographical position;
        the ICES divisions/sub-areas in whichfishingis expected to commence;
        the date on whichfishingis 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.
5. The code to be used to indicate the species on board as mentioned in point 4 above:
   PRA        -      Northern deep-water prawn (Pandalus borealis),
   HKE        -      Hake (Merluccius merluccius),
   GHL        -      Greenland halibut (Reinhardtius hippoglossoides),
   COD        -      Cod (Gadus morhua),
   HAD        -      Haddock (Melanogrammus aeglefinus),
   HAL        -     Halibut (Hippoglossus hippoglossus),
   MAC        -     Mackerel (Scomber scombrus),
   HOM        -     Horse-mackerel (Trachurus trachurus),
   RNG        -     Roundnose grenadier (Coryphaenoides rupestris),
   POK        -     Saithe (Pollachius virens),
   WHG        -    • Whiting (Merlangus merlangus),
   HER        -     Herring (Clupea harengus),
   SAN        -     Sand-eel (Ammodytes spp.),
   SPR        -     Sprat (Sprattus sprattus),
   PLE        -     Plaice (Pleuronectes platessa),
   NOP        -     Norway.pout (Trisopterus esmarkii),
   LIN        -     Ling (Molva molva),
   PEZ       -      Shrimp (Panaeidae),
                    mmmmmmmmmm
                                                 11
 ---pagebreak--- 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.),
PO A - Atlantic pomfret (Brama brama),
PJL  - 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(97) 687 final
                                              DOCUMENTS
EN                                                            03 04 05 10
                                    Catalogue number : CB-CO-97-709-EN-C
                                                             ISBN 92-78-29083-1
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