CELEX: 51997PC0705
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 Poland

COMMISSION OF THE EUROPEAN COMMUNITIES
                                                   Brussels, 12.12.1997
                                                   COM(97) 705 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 Poland*
                          (presented by the Commission)
 ---pagebreak---  ---pagebreak---                             EXPLANATORY MEMORANDUM
In accordance with the Act of Accession of Austria, Finland and Sweden, the fisheries
agreements concluded by these countries with third countries shall be managed by the
Community.
On the basis of the bilateral Fisheries Agreement concluded between Poland and Sweden in
1978, the Community, on behalf of Sweden, held consultations with Poland which resulted in
a reciprocal Fisheries Arrangement for 1998.
The purpose of this proposal for a regulation is to authorise Polish vessels to fish the quotas
allocated to them for 1998 in Community waters, in accordance with the above mentioned
reciprocal arrangements.
                                            si
 ---pagebreak---                                              Proposal for a
                          COUNCIL REGULATION (EC) 1
   laying down for 1998 certain measures for the conservation and management of fishery
                     resources applicable to vessels flying the flag of Poland*
 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 Article 124 of the 1994 Act of Accession, fisheries agreements
concluded by the Kingdom of Sweden with third countries are managed by the Community;
Whereas, in accordance with the procedure provided for in the Agreement on fisheries of
 1 February 1978, the Community, on behalf of the Kingdom of Sweden, and the Republic of
Poland 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 necessary measures should be taken to implement, for 1998, the results of the
consultations held with Poland;
Whereas it is for the Council to lay down the specific conditions under which catches,by
vessels flying the flag of Poland must be taken;
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 policy2;
        OJ No L 389, 31.12.1992, p. 1. Regulation as amended by the 1994 Act of Accession.
2
        OJ No L261, 20.10.1993, p. 1.
                                                    b.
 ---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 vessels3
 provides that all vessels with chilled or refrigerated sea-water tanks are to keep on board a
 document certified by a competent authority and indicating 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.      From 1 January to 31 December 1998, vessels flying the flag of Poland are hereby
         authorized 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-milefishingzone of the Member States in the Baltic Sea; fishing for cod
         shall be prohibited in the Baltic Sea, the Belts and the Sound from 10 June to
         20 August 1998 inclusive.
2.       Fishing authorized 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 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 HI, the information set out in that Annex.
        O J N o L 1 3 2 , 21.5.1987, p. 9.
                                                k
 ---pagebreak--- 4. Those vessels which have chilled or refrigerated sea-water tanks shall keep on board a
   document certified by a competent authority and indicating 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.
                                          Article 3
1. Fishing shall be permitted only where a licence and a special fishing permit has been
    issued by the Commission on behalf of the Community at the request of the Polish
    authorities and in compliance with the conditions set out in Annexes II and HE. Copies
   of these Annexes, the licence and a special fishing permit 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.
2. When an application for a licence and a special fishing permit is submitted to the
   Commission, the following information must be supplied:
   (a)      name of vessel;
   (b)      registration number;
   (c)      external identification letters and numbers;
   (d)      port of registration;
   (e)      name and address of the owner or charterer;
   (f)      gross tonnage and overall length;
   (g)      engine power;
   (h)      call sign and radio frequency;
   (i)      intended method of fishing;
   (j)     intended area of fishing;
   (k)      species for which it is intended to fish;
   (1)     period for which a licence and a special fishing permit are requested.
3. Licences and special fishing permits shall be issued provided that the number of
   licences and special fishing permits valid at any time during a given month or year
   does not exceed the amounts mentioned in Annex I.
4. Only fishing vessels under 45 metres will be authorized.                              /
5. Each licence and special fishing permit shall be valid for one vessel only. Where two
   or more vessels are taking part in the same fishing operation, each vessel must rie in
   possession of a licence and special fishing permit.
                                             5~
 ---pagebreak--- 6        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.
1.       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.
8.       Licences and special fishing permits shall be withdrawn in the event of any failure to
         meet the obligations laid down in this Regulation.
9.       For a period not exceeding twelve months, no licence and special fishing permit shall
         be issued for any vessel in respect of which the obligations laid down in this
         Regulation have not been met.
 10.     The Commission shall submit, on behalf of the Community, to Poland the names and
         characteristics of their respective vessels which will not be authorized to fish in the
         Community's fishing zone for the next month(s) as a consequence of an infringement
         of Community rules.
                                             Article 4
Vessels 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 5
This Regulation shall enter into force on the day of its 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 1998.
                                                                                 For the Council
                                                                                   The President
 ---pagebreak---                                            ANNEX I
                                 Polish catch quotas for 1998
                                  Fishing zone of Sweden (i)
     Species              Area within which                 Quantity         Number of
                         fishing is authorized              (tonnes)          licences
    Herring                     ICESHId                        5000
      Sprat                     ICESmd                         5 000       }    40p>
      Cod                       ICES md                          400       }
    Flounder                   ICES md                           400       }
(1)
    Swedish waters south of 59° 30' North in the Baltic Sea
(2)
    A maximum of 3 non-fishing mother ships may also be used simultaneously.
                                             V
 ---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 m me log-book immediately after the following events:
 1.     After each haul:
 1.1.   the quantity (in kilograms live-weight) of each species caught;
 1.2.   the date and the time of the haul;
 1.3.   the geographical position in which the catches were made;
 1.4.   the fishing method used.
2.      After each transshipment to orfromanother vessel:
 2.1.   the indication "receivedfrom"or "transferred to";
 2.2.   the quantity (in kilograms live-weight) or each species transshipped;
2.3.   the name, external identifications letters and numbers of the vessel to or from which
       the transshipment occurred.
2.4    transshipment of cod is not allowed
3.     After each landing in a port of the Community:
3.1.   name of the port;
3.2.   the quantity (in kilograms live-weight) of each species landed.
4.     After each transmission of information to the Commission of the European
       Communities:
4.1.   date and time of the transmission;
4.2.   type of message: IN, OUT, ICES, WKL or 2 WKL;
4.3.   in the case of radio transmission: name of the radio station.
                                             ?
 ---pagebreak---                                           ANNEX HI
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)     me 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 >vhich 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)      me 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)      me 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;
                                           <3>
 ---pagebreak---      (d)      identification of the type of message;
     (e)      me date, me 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 ta be transmitted by
     the vessel, it may be transmitted on the vessel's behalf by another vessel.
     Name of radio station                   Call sign of radio station
     Blâvand                                 OXB
     Norddeich                               DAFDAK
                                             DAH DAL
                                             DAI DAM
                                             DAJDAN
     Scheveningen                            PCH
     Oostende                                OST
     North Foreland                          GNF
     Humber                                  GKZ
     Cullercoats                             GCC
     Wick                                    GKR
     Portpatrick                             GPK
     Anglesey                                GLV
     Ilfracombe                              GIL
     Niton                                   GNI
     Stonehaven                              GND
     Portishead                              GKA
                                             GKB
                                             GKC
     Land's End                              GLD
     Valentia                                EJK
     Malin Head                              EJM
     Boulogne                                FFB
     Brest                                   FFU
     Saint-Nazaire                           FFO
     Bordeaux-Arcachon                       FFC
     Stockholm                               SDJ
     Gryt                                    (no call sign)
     Gôteborg                                SOG
     Ronne                                   OYE
     Maarianhamina                           OHM
     Helsinki                                OHG
                                         ÀJD
 ---pagebreak--- 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;
        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 (Gadus morhua),
SAL -           Salmon (Salmo salar),
HER -           Herring (Clupea harengus),
SPR -           Sprat (Sprattus sprattiis).
WHB -           Blue Whiting (Micromesistiùs poutassou)
OTH-            Other
POK -           Saithe (Pollachius virens)
FLE -.          Flounder (Platichthys flesus)
FLX -           Flatfish(Pleuronectiformes)
                                            M
 ---pagebreak---  ---pagebreak---  ---pagebreak---  ---pagebreak---                                                                    ISSN 0254-1475
                                                            COM(97) 705 final
                                              DOCUMENTS
EN                                                                03 11 14
                                    Catalogue number : CB-CO-97-724-EN-C
                                                             ISBN 92-78-29248-6
Office for Official Publications of the European Communities
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