CELEX: 31991R3888
Language: en
Date: 1991-12-18 00:00:00
Title: Council Regulation ( EEC ) No 3888/91 of 18 December 1991 laying down for 1992 certain measures for the conservation and management of fishery resources applicable to vessels registered in the Faroe Islands

31 . 12 . 91                                 Official Journal of the European Communities                               No L 367 / 59
                                            COUNCIL REGULATION (EEC) No 3888 / 91
                                                          of 18 December 1991
                  laying down for 1992 certain measures for the conservation and management of fishery
                                      resources applicable to vessels registered in the Faroe Islands
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                                establishing certain control measures for fishing
                                                                         activities (4 ); as amended by Regulation (EEC) No
                                                                         3483 / 88 (5);
Having regard to the Treaty establishing the European
Economic Community,                                                      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
Having regard to Council Regulation (EEC) No 170 / 83 of                 vessels (6) provides that all vessels with chilled or
25 January 1983 establishing a Community system for the                  refrigerated sea-water tanks are to keep on board a
conservation and management of fishery resources (*), as                 document certified by a competent authority and specifying
amended by the Act of Accession of Spain and Portugal (2),               the calibration of the tanks in cubic metres at 10-centimetre
and in particular Article 1 1 thereof,                                   intervals,
Having regard to the proposal from the Commission,
                                                                         HAS ADOPTED THIS REGULATION:
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                                                 Artikel 1
Faroe Islands , of the other part (3 ), the Community and the
Home Government of the Faroe Islands have held
consultations concerning their mutual fishing rights for                 1 . Vessels registered in the Faroe Islands are hereby
 1992;                                                                   authorized , until 31 December 1992, to fish for the species
                                                                         listed in Annex I , within the geographical and quantitative
                                                                         limits laid down therein and in accordance with this
Whereas, in the course of these consultations, the                       Regulation, in the 200-nautical-mile fishing zone of the
delegations agreed to recommend to their respective                      Member States in the North Sea, Skagerrak, Kattegat,
authorities that certain catch quotas for 1992 should be                 Baltic Sea and Atlantic Ocean north of 43°00'N.
fixed for the vessels of the other party;
                                                                         2. Fishing authorized under paragraph 1 shall be limited,
Whereas measures should be taken to implement the results                except in the Skagerrak, to those parts of the 200­
of these consultations between the Community and the                     nautical-mile fishing zone lying seawards of 12 nautical
Faroe Islands and thus prevent any interruption of mutual                miles from the baselines from which the fishing zones of
fisheries relations as at 31 December 1992;                              Member States are measured .
Whereas, under the terms of Article 3 of Regulation (EEC)                3 . Notwithstanding paragraph 1 , unavoidable by-catches
No 170 / 83 , it is for the Council to fix the total catches             of species for which no quota has been fixed in a given zone
allocated to third countries and to lay down the specific                shall be permitted within the limits laid down by the
conditions under which such catches may be taken;                        conservation measures in force in the zone concerned .
Whereas the fishing activities covered by this Regulation                4. By-catches in a given zone of a species for which a
 are subject to the relevant control measures provided for by             quota is established in that zone shall be counted against
Council Regulation (EEC ) No 2241 / 87 of 23 July 1987                   the quota concerned.
 (!) OJ No L 24, 27. 1 . 1983 , p. 1 .                                    (4) OJ No L 207, 29 . 7. 1987, p. 1 .
(2) OJ No L 302, 15 . 11 . 1985, p. 1 .                                   (5) OJ No L 306, 11 . 11 . 1988, p. 2.
 (3) OJ No L 226 , 29 . 8 . 1980 , p. 11 .                                (6) OJ No L 132, 21 . 5 . 1987, p. 9 .
 ---pagebreak--- No L 367 / 60                            Official Journal of the European Communities                                   31 . 12 . 91
                           Article 2                                (d) 16 for the fishing, by trawl , of blue ling in ICES
                                                                         divisions VI a (north of 56°30' N) and VI b;
1 . Vessels fishing within the quotas fixed in Article 1 shall      (e) 20 for the fishing of blue whiting in ICES sub-area VII
comply with the conservation and control measures and all                (west of 12°00' W) and ICES divisions VI a (north of
other provisions governing fishing in the zones referred to              56°30' N) and VI b;
in that Article .
                                                                    (f) 3 for the fishing, by long-line, of porbeagle in the whole
                                                                         Community zone with the exception of NAFO
                                                                         3 PS;
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 .
                                                                    (g) 12 for the fishing of cod in ICES division III d; however
                                                                         the   total  number     of    vessels  allowed    to    fish
                                                                         simultaneously shall not exceed 9 .
3 . The vessels referred to in paragraph 1 shall transmit to
the Commission, in accordance with the rules laid down in           3 . Each licence shall be valid for one vessel only. Where
Annex III , the information set out in that Annex.                  two or more vessels are taking part in the same fishing
                                                                    operation, each vessel must be in possession of a licence.
4. Those vessels referred to in paragraph 1 which have              4. Licences may be cancelled with a view to the issue of
chilled or refrigerated sea-water tanks shall keep on board         new licences . Such cancellations shall take effect on the day
a document certified by a competent authority and                   before the date of issue of the new licences by the
specifying the calibration of the tanks in cubic metres at          Commission . New licences shall take effect from their date
10-centimetre intervals.
                                                                    of issue .
5 . The registration letters and numbers of the vessels             5 . Licences shall be wholly or partially withdrawn before
referred to in paragraph 1 must be clearly marked on the            the date of expiry if the respective quotas, fixed in
bow of each vessel on both sides .                                  Article 1 , have been exhausted.
                                                                    6 . Licences shall be withdrawn in the event of any failure
                                                                    to meet the obligations laid down in this Regulation.
                           Article 3
                                                                    7. For a period not exceeding 12 months, no licence shall
 1 . Fishing in the waters referred to in Article 1 and within      be issued for any vessel in respect of which the obligations
the quotas fixed in that Article shall be permitted only            laid down in this Regulation have not been met.
where a licence issued by the Commission on behalf of the
Community is kept on board and where the conditions set
out in the licence are observed .                                    8 . 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
2. Licences shall be issued for the purposes of paragraph 1         new lists of vessels for the year in question have been
provided that the number of licences valid on any one day           approved.
does not exceed:
(a) 14 for the fishing of mackerel in ICES divisions VI a                                       Article 4
     (north of 56°30' N), VII e , f and h, sprat in ICES
     sub-area IV and division VI a (north of 56°30' N),
     horse-mackerel in ICES sub-area IV and divisions VI a          When an application for a licence is submitted to the
     (north of 56°30/ N), VII e, f and h and herring in ICES        Commission, i:he following information must be supplied:
     division VI a (north of 56°30' N); 4 for the fishing of
     herring in ICES division III a N (Skagerrak);                  (a) name of the vessel;
                                                                     (b) registration number;
(b) 15 for the fishing of Norway pout in ICES sub-area IV
     and division VI a (north of 56° 30' N) and sand-eel in          (c) external identification letters and numbers;
     ICES sub-area IV;
                                                                     (d) port of registration;
(c) 20 for the fishing, by long line, of ling, tusk and blue
     ling in ICES divisions VI a (north of 56 d30' N) and            (e) name and address of the owner or charterer;
     VI b ; however, the total number of vessels allowed to
     fish simultaneously shall not exceed 10;                        (f) gross tonnage and overall length ;
 ---pagebreak--- 31 . 12 . 91                            Official Journal of the European Communities                            No L 367 / 61
(g) engine power;                                                  2. the use of trawls and purse seines for the capture of
                                                                      pelagic species shall be prohibited from Saturday
(h) call sign and radio frequency;                                     midnight to Sunday midnight.
(i) intended method of fishing;
(j ) intended area of fishing;
                                                                                             Article 6
(k) species for which it is intended to fish ;
(1) period for which a licence is requested.
                                                                   Where an infringement is duly established, Member States
                                                                   shall without delay inform the Commission of the name of
                           Article 5                               the vessel concerned and of any action they have taken.
Fishing in the Skagerrak within the limits of the quotas
referred to in Article 1 shall be subject to the following
conditions:                                                                                  Article 7
1 . direct fishing for herring for purposes other than
     human consumption shall be prohibited;                        This Regulation shall enter into force on 1 January 1992.
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States .
                 Done at Brussels, 18 December 1991 .
                                                                                        For the Council
                                                                                         The President
                                                                                          P. BUKMAN
 ---pagebreak--- No L 367 / 62                                   Official Journal of the European Communities                                                   31 . 12 . 91
                                                                          ANNEX I
                            V
                                                               Faroese catch quotas for 1992
        1 . Quotas for Faroese vessels fishing in the Community zone
                                                                                                                           Quantity
                            Species                             Fishing zone: ICES sub-area / division                      (tonnes)
             Ling, tusk and blue ling              VI a (*), VI b                                                           800 (2) (3)
             Blue ling                             VI a (»), VI b                                                           940 (4)
             Mackerel                              VI a (!), VII e, f, h                                                  6 360 (9)
             Herring                               VI a ( 1 ),                                                         •    660
             Horse-mackerel                        IV, VI a (*), VII e, f, h                                              7 000
             Norway pout                           IV, VI a (!)                                               lI
             Sprat                                 IV , VI a (*)                                              li         20 000 (5 )
             Sand-eel                              IV                                                         IJ
             Blue whiting                          VI a (!), VI b, VII (6 )                                              62 000 (7)
             Other white fish                    \                                                               I
             ( by-catches only)                    IV , VI a ( i )                                                          400
             Herring                               III a N (Skagerrak) (8)                                                   500
             Porbeagle                             Entire Community zone except NAFO 3 PS                     L              125 (2)
              ( 1 ) North of 56°30'N.
               (2) To be fished by long line.
               (3) Of which an incidental catch of other species of 20 % per ship , at any moment, is authorized in ICES divisions VI a 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 VI a and VI b may not exceed 75 tonnes.
               (4) To be fished by trawl.
               (5 ) The overall quota (including for Norway pout and sand-eel , 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 VI a 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.
               («) West of 12°00'W.
               (7) Catches of blue whiting may include unavoidable by-catches of argentine.
               (8) Limited in the west by a line drawn from the lighthouse of Hanstholm to the lighthouse of Lindesnes and in the south by a line
                    drawn from Skagen lighthouse to the lighthouse of Tistlarna and from there to the nearest coast of Sweden.
             (9) Of which 1 000 tonnes may be fished from 1 October to 31 December 1992 in Community waters in division IV a.
         2. Quotas for Faroese vessels fishing in Greenland waters according to Article 1 (3) of the EEC/Greenland Fisheries
              Protocol (!) (shown for information only)
                                                                                                                            Quantity
                             Species                     Fishing zones: ICES division of NAFO sub-area                       (tonnes)
              Northern deepwater prawn              NAFO 0/ 1 (2)                                                                105
              (Pandalus borealis)                   XIV / V                                                                    1 045
              Greenland halibut                     NAFO 0 / 1                                                                   150
             l                                      XIV / V                                                                      150
              Redfish                               XIV / V                                                                      500
              Capalin                               XIV / V                                                                  10 000
              (!) OJ No L 252, 15. 9. 1990 , p. 2.
              (2) South of 68° N.
 ---pagebreak--- 31 . 12 . 91                               Official Journal of the European Communities                                   No L 367 / 63
                                                                 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 immediatelly
             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 fr om 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--- No L 367 / 64                            Official Journal of the European Communities                                         31 . 12. 91
                                                             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 quaritity (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.
        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
              Bl&vand                                       OXB
               Renne                                        OYE
 ---pagebreak--- 31 . 12. 91                            Official Journal of the European Communities                                     No L 367 / 65
              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
              Florø                                       LGL
              Rogaland                           '        LGQ
              Tjøme                                       LGT
              Alesund                                     LGA
           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 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.
 ---pagebreak--- No L 367 / 66                          Official Journal of the European Communities               31 . 12 . 91
        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 — Round-nose 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),
              ANE   —   Anchovy (Engraulis encrasicholus),
              RED    —  Redfish (Sebastes spp.),
              PLA    —  American plaice (Hypoglossoides 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 .