CELEX: 31995R3077
Language: en
Date: 1995-12-21 00:00:00
Title: Council Regulation (EC) No 3077/95 of 21 December 1995 laying down, for 1996, certain measures for the conservation and management of fishery resources applicable to vessels flying the flag of the Faeroes

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31995R3077

Council Regulation (EC) No 3077/95 of 21 December 1995 laying down, for 1996, certain measures for the conservation and management of fishery resources applicable to vessels flying the flag of the Faeroes  

Official Journal L 330 , 30/12/1995 P. 0054 - 0061

COUNCIL REGULATION (EC) No 3077/95of 21 December 1995laying down,  for 1996, certain measures for the conservation and management of fishery resources applicable to  vessels flying the flag of the FaeroesTHE COUNCIL FO 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 Faeroes, of the other part (2), the Community and the Home Government of the  Faeroes have held consultations concerning their mutual fishing rights for 1996; Whereas, in the course of these consultations, the delegations agreed to recommend to their  respective authorities that certain catch quotas for 1996 should be fixed for the vessels of the  other Party; Whereas measures should be taken to implement the results of these consultations between the  Community and the Faeroes and thus prevent any interruption of mutual fisheries relations as at 31  December 1995; 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); Whereas Article 3 (2) of Commission Regulation (EEC) No 1381/87 of 20 May 1987 establishing  detailed rules concerning the marking and documentation of fishing vessels (4) provides that all  vessels with chilled or refrigerated sea-water tanks are to keep on board a document certified by a  competent authority and specifying the calibration of the tanks in cubic metres at 10-centimetre  intervals, HAS ADOPTED THIS REGULATION: Article 1 1. Vessels registered in the Faeroes are hereby authorized, until 31  December 1996, 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&prime; 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 logbook 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. Article 3 1. Fishing shall be permitted only where a licence and a special fishing permit issued  by the Commission on behalf of the Community and in compliance with the conditions set out in  Annexes II and III. 2. 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 division VI a (north of 56° 30&prime; N), VII e, f and  h, sprat in ICES subarea IV and division VI a (north of 56° 30&prime; N), horse mackerel in ICES  subarea IV and divisions VI a (north of 56° 30&prime; N), VII e, f and h and herring in ICES  division VI a (north of 56° 30&prime; N); 4 for the fishing of herring in ICES division III a N  (Skagerrak); (b) 15 for the fishing of Norway pout in ICES subarea IV and division VI a (north of 56° 30&prime;  N) and sandeel in ICES subarea IV; (c) 20 for the fishing, by long line, of ling, tusk and blue ling in ICES division VI a (north of  56° 30&prime; N) and VI b; 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 VI a (north of 56° 30&prime; N)  and VI b; (e) 20 for the fishing of blue whiting in ICES subarea VII (west of 12° 00&prime; W) and ICES  division VI a (north of 56° 30&prime; N) and VI b; (f) for the fishing, by long line, of porbeagle in the whole Community zone with the exception of  NAFO 3 PS. 3. 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; (l) period for which a licence and a special fishing permit is requested. 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 the Faeroes, the names and  characteristics of the Faeroese 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 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. Article 5 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 1 January 1996. This Regulation shall be binding in its entirety and directly applicable in all  Member States. Done at Brussels, 21 December 1995. For the CouncilThe PresidentL. ATIENZA SERNA(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. 12. (3) OJ No L 261, 20. 10. 1993, p. 1. (4) OJ No L 132, 21. 5. 1987, p. 9.  ANNEX I Faeroese catch quotas for 1996 1. Quotas for Faeroese vessels fishing in the  Community zone>TABLE>2. Quotas for Faeroese vessels fishing in Greenland waters  according to Article 1 (3) of the EC/Greenland Fisheries Protocol (1) (shown for information only)> TABLE POSITION> 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 logbook 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 European Commission: 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.  ANNEX III 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 the 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. 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. >TABLE>4. Form of the communicationsThe 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/subareas 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/subareas 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 - Round-nose grenadier (Coryphaenoides rupestris), POK - Saithe (Pollachius virens), WHG - Whiting (Merlangus merlangus), HER - Herring (Clupea harengus), SAN - Sandeel (Ammodytes ssp.), 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 (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 - Commmon 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.