CELEX: 51993PC0621(02)
Language: en
Date: 1993-11-29
Title: Proposal for a COUNCIL REGULATION (EEC) allocating, for 1994, catch quotas between Member States for vessels fishing in Lithuanian waters

COMMISSION OF THE EUROPEAN CQMVÏCJNITIES
                                                      C0MC93) 621 final
                                                      Brussels, 29 November 1993
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                                         Proposal for a
                                    COUNCIL REGULATION (EEC)
                             laying down for 1994 certain measures
                   for the conservation and management of fishery resources
                      applicable to vessels flying the flag of Lithuania
                                         Proposal for a
                                    COUNCIL REGULATION (EEC)
                    allocating, for 1994, catch quotas between Member States
                            for vessels fishing in Lithuanian waters
                                 (presented by the Commission)
        MHEI
   ir„*^$5g
 ---pagebreak---                       Proposal for a
                 COUNCIL REGULATION (EEC)
          laying down for 1994 certain measures
for the conservation and management of fishery resources
   applicable to vessels flying the flag of Lithuania
 ---pagebreak---                         EXPLANATORY MEMORANDUM
In accordance with the framework fisheries agreement, consultations
were held between the Community and Lithuania in Vilnius on IS October
1993, resulting in an agreement on reciprocal fisheries arrangements
for 1994, covering the fishing rights of each party in the zone of the
other.
The purpose of this proposal for a regulation is to authorise
Lithuanian vessels to fish the quotas allocated to them for 1994 in
Community waters, in accordance with the above mentioned reciprocal
arrangements.
                                  lUs
 ---pagebreak---                     COUNCIL REGULATION (EEC) No
                   laying down for 1994 certain measures
        for the conservation and management of fishery resources
            applicable to vessels flying the flag of Lithuania
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard     to  the   Treaty  establishing  the   European   Economic
Community,
Having regard to Council Regulation (EEC) No 3760/92 of 20 December
1992    establishing     a    Community   system    for    fisheries    and
aquaculture(l), and in particular Article 8S(4) thereof,
Having regard to the proposal from the Commission,
Whereas, in accordance with the procedure provided for in the Fisheries
Agreement between the European Economic Community and the Government of
Lithuania^), and in particular Articles 3 and 6 thereof, the
Community and Lithuania have held consultations concerning their mutual
fishing rights for 1994 and the management of common biological
resources;
Whereas, in the course of these consultations, the delegations agreed
to recommend to their respective authorities that certain catch quotas
for 1994 should be fixed for the vessels of the other Party;
Whereas the necessary measures should be taken to implement, for 1994,
the results of the consultations held between the delegations of the
Community and Lithuania;
Whereas it is for the Council to lay down the specific conditions under
which catches by vessels flying the flag of Lithuania must be taken;
Whereas the fishing activities covered by this Regulation are subject
to the control measures provided for by Council Regulation No 2847/93
of 12 October 1993 establishing a control system applicable to the
common fisheries policy(^);
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;
t1)  OJ  No  L 389, 31.12.1992, p. 1.
(2)  OJ  No  L 56, 09.03.1993, p. 9.
<3)  OJ  No  L 261, 20.10.1993, p. 1.
<4)  OJ  No  L 132, 21.05.1987, p. 2.
 ---pagebreak--- HAS ADOPTED THIS REGULATION:
                               Article 1
1. From 1 January to 31 December 1994 vessels flying the flag of
Lithuania are hereby authorised to fish for the species listed in Annex
1. 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 Baltic Sea.
2. Fishing authorised 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 referred to in paragraph 1 shall keep a log-book in
which the information set out in Annex II shall be entered.
3. The vessels referred to in paragraph 1 shall transmit to the
Commission, in accordance with the rules laid down in Annex III, the
information set out in that Annex.
4. Those vessels referred to in paragraph 1 which have chilled or
refrigerated sea-water tanks shall keep on board a document certified
by a competent authority and specifying the calibration of the tanks in
cubic metres at 10-centimetre intervals.
5. The registration letters and numbers of the vessels referred to in
paragraph 1 must be clearly marked on the bow of each vessel on both
sides.                                     /
                               Article 3
1. Fishing within ICES sub-area III division d under the quotas fixed
in Article 1 shall be permitted only where a licence has been issued by
the Commission on behalf of the Community at the request of the
Lithuanian authorities and in compliance with the conditions set out in
Annexes II and III. Copies of these Annexes and the licence 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.
 ---pagebreak--- 2. Licences shall be issued for the purposes of paragraph 1 provided
that the number of licences valid at any time during a given month does
not exceed: 6.
Only fishing vessels under 40 metres will be authorized.
3. When an application for a licence 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;
(* species for which it is intended to fish;
(1  period for which a licence is requested.
4. Each licence 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.
5. Licences may be cancelled with a view to the issue of new licences.
Such cancellations shall take effect on the day before the date of
issue of the new licences by the Commission. New licences shall take
effect from their date of issue.
6. Licences shall be wholly or partially withdrawn before the date of
expiry if the respective quotas fixed in Article 1 have been exhausted.
7. Licences 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 shall be issued
for any vessel in respect of which the obligations laid down in this
Regulation have not been met.
9. Vessels authorised to fish on 31 December may continue fishing as
from the beginning of 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.
 ---pagebreak---                                Article 4
Where an infringement is duly found to have taken place, the Member
States shall without delay inform the Commission of the name of the
vessel concerned and of any action they have taken.
The Commission shall submit, on behalf of the Community, to Lithuania
the names and characteristics of the Lithuanian vessels which will not
be authorised to fish in the Community's fishing zone for the next
month(s) as a consequence of an infringement of Community rules.
                               Article 5
This Regulation shall enter into force on the 1 January 1994.
This Regulation shall be binding       in  its  entirety  and  directly
applicable in all Member States.
Done at Brussels,
                                          For the Council
                                           The President
                                    £
 ---pagebreak---                          ANNEX I
            Lithuanian catch quotas for 1994
         (in metric tonnes, fresh round weight;
        for salmon: numbers of individual fish)
Species               Area within which         Quantity
                    fishing is authorised       (Tonnes)
Cod                      ICES III d                100
Herring                  ICES III d               1000
Salmon                   ICES III d                500
Sprat                    ICES III d               2000
                           (c
 ---pagebreak---                                  ANNEX II
When fishing within the 200-nautical-mile zone off the coasts of the
Member States of the Community which is covered by Community rules on
fisheries, the following details are to be entered in the log-book
immediately after the following events:
1.  after each haul:
1.1.         the quantity   (in kilograms live-weight) of each species
             caught;
1.2.         the date and the time of the haul;
1.3.         the geographical position in which the catches were made;
1.4.         the fishing method used.
2.   after each transhipment to or from another vessel:
2.1.         the indication 'received from* or 'transferred to';
2.2.         the quantity   (in kilograms live-weight) or each species
             transhipped;
2.3.         the name, external identifications letters and numbers of
             the vessel to or from which the transhipment occurred.
3.   after each landing in a port of the Community:
3.1.         name of the port;
3.2.         the quantity   (in kilograms live-weight) of each species
             landed.
4.   after each transmission of information to the Commission of the
     European Communities:
4.1.         date and time of the transmission;
4.2.         type of message: IN, OUT, ICES, WKL or 2 WKL;
4.3.         in the case of radio transmission: name of the radio
             station.
 ---pagebreak---                             ANNEX III
1.   The information to be transmitted to the Commission 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) 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 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) 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.
 ---pagebreak--- 1.5. (a) the name, call sign, external identification letters and
          numbers of the vessel and the name of its master;
     (b) the licence number if the vessel is under licence;
     (c) the serial number of the message for the voyage concerned;
     (d) identification of the type of message;
     (e) the date, the time and the geographical position of the
          vessel.
2.1.      The   information  specified   under  point   1   shall be
          transmitted to the Commission of the European Communities
          in Brussels (telex 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
     Blavand                         OXB
     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
     Stockholm                       SOJ
     Goteborg                        SOG
     Ronne                           OYE
     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;
 ---pagebreak---    -   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 (Gadu morhua),
   SAL -                          Salmon (Salmo Salar),
   HER -                          Herring (Clupea harengus),
   SPR -                          Sprat (Sprattus sprattus).
                                lO
 ---pagebreak---                     Proposal for a
               COUNCIL REGULATION (E£Ç)
allocating, for 1994, catch quotas between Member States
        for vessels fishing in Lithuanian waters
                      10 t^s
 ---pagebreak---                         EXPLANATORY MEMORANDUM
Consultations between the Community and Lithuania, held in Vilnius on
15 October 1993, have resulted in an agreement defining reciprocal
fisheries arrangements for 1994. These arrangements provide, inter
alia, for certain catch quotas for Community vessels in the Lithuanian
fishing zone.
The purpose of this proposal for a regulation is to allocate among the
Member States the quotas available in 1994 to Community vessels fishing
in the Lithuanian zone under the above mentioned arrangements.
The proposed allocation among Member States of quotas for herring,
sprat and salmon has been based on the key used for allocations outside
Community waters in the Baltic Sea. The allocation for cod has been
based on the 1983 key used inside Community waters - giving à slightly
higher share to Germany - in order to take account of catches
previously made by the former German Democratic Republic in the ex-USSR
fishing zone in the Baltic Sea.
The proposal also provides for the payment of a financial compensation
of ECU 320.350 in accordance with article 7 of the framework agreement,
and a financial contribution of ECU 32,000 for the promotion of the
setting up of joint ventures, as foreseen under article 8 of the
framework agreement.
                                  i*
 ---pagebreak---                    COUNCIL REGULATION (EEC) No
        allocating, for 1994, catch quotas between Member States
                for vessels fishing in Lithuanian waters
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard    to  the  Treaty   establishing  the   European   Economic
Community,
Having regard to Council Regulation (EEC) No 3760/92 of 20 December
1992    establishing    a   Community     system   for    fisheries    and
aquaculture(^), and in particular Article 8§(4) thereof,
Having regard to the proposal from the Commission,
Whereas, in accordance with the procedure provided for in the Fisheries
Agreement between the European Economic Community and the Government of
Lithuania^), and in particular Articles 3 and 6 thereof, the
Community and Lithuania have held consultations concerning their mutual
fishing rights for 1994 and the management of common biological
resources;
Whereas, in the course of these consultations, the delegations agreed
to recommend to their respective authorities that certain catch quotas
for 1994 should be fixed for the vessels of the other Party;
Whereas the necessary measures should be taken to implement, for 1994,
the results of the consultations held between the delegations of the
Community and Lithuania;
Whereas to ensure efficient management of the catch possibilities
available in Lithuanian waters, they should be allocated among the
Member States as quotas in accordance with Article 8 of Regulation
(EEC) No 3760/92;
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 );
 (!) OJ No L 389, 31.12.1992, p. 1.
 (2) OJ No L 56, 09.03.1993, p. 9.
 (3) OJ No L 261, 20.10.1993, p. 1.
                                         iX
 ---pagebreak--- HAS ADOPTED THIS REGULATION:
                               Article 1
From 1 January to 31 December 1994 vessels flying the flag of a Member
State are hereby authorised to make catches within the quota limits set
out in the Annex in waters falling within the fisheries jurisdiction of
Lithuania.
                               Article 2
1. The financial contribution provided for in Article 7 of the
Agreement shall be set for the period referred to in Article 1 at ECU
320.350, payable to an account designated by Lithuania.
2. The financial contribution provided for in Article 8 of the
Agreement shall be set for the period referred to in Article 1 at ECU
32,000, payable to an account designated by Lithuania.
                               Article 3
This Regulation shall enter into force on the 1 January 1994.
This Regulation shall be binding       in  its  entirety  and  directly
applicable in all Member States.
Done at Brussels,
        For the Council
         The President
                                     (3
 ---pagebreak---                                 ANNEX
 Allocation of Community catch quotas in Lithuanian waterB for 1994
                (in metric tonnes fresh round weight;
               for salmon: numbers of individual fish)
Species      ICES Division      Community       Quotas allocated
                               Catch Quotas     to Member States
Cod              III d              300         Denmark   210
                                                Germany    90
Herring          III d             2000         Denmark  1140
                                                Germany   860
Salmon           III d             2000(*)      Denmark  ISOOC 1 )
                                                Germany   200( 1 )
Sprat            III d             6000         Denmark  4740
                                                Germany  1260
      (1) Numbers of individual fish
                              "+
 ---pagebreak---                         F I N A N C I A L                S T A T l. M i; N T
                                                                                                   IV» t o
1- Budget l i n e ooanecxod :                   Q7 - 8 0 0
2. Action :            fisheries              Arrangement      EEC-Lithuania               -1994
3. Legal basis :                Fisheries          Agreement      E E C - L i t h u a n i a OJ No L        ,    / /199 ,     Page
4 . Objectives :                To o b t a i n f i s h i n g q u o t a s f o r Community v e s s e l s i n t h e L i t h u a n i a n
                                F i s h i n g Z o n e , and c o n t r i b u t i o n f o r t h e e s t a b l i s h m e n t o f J o i n t
                               Ventures.
S. Financial consequence :                                  fox the marketing year current financial year following financial yoai
                                                                                                  ( 1994;
5-0 Expenditure
      -charged t o the EC budget                                                              352.350        ECU
        ( r efunds/i nfcerventi ons )
       -charged t o national administx-
       -charged t o other national groups
5.1 Receipts
       -own resources of the EC
         (levies/custans duties)
       -national
 5-0.1 Pluriannual pattern of expenditure
 5-1-1 Pluriannual
 5.2 Method of calculation
        Compensation f o r f i s h quotas ( A r t i c l e                      7)                                             3 2 0 . 3 5 0 ECU
        C o n t r i b u t i o n under A r t i c l e 8                                                                           3_2._00_P ECU
                                                                                                                              3 5 2 . 3 5 0 ECU
 6 . 0 Financing possible with c r e d i t s inscribed in t élevant chapter of current budget?                                               YEStO
 6.1 Financing possible by transfer between chapters of current budget?                                                                       YES1II
 6-2 Necessity for a supplementary budget?                                                                                                   1UL/NO
 6.3 Credits t o be written i n t o future budgets?                                                                                           YESMI
 ctninents     :
                      The f i n a n c i a l c o m p e n s a t i o n has b e e n n e g o t i a t e d on t h e b a s i s o f
                       average landing prices i n 1992 i n B a l t i c Community p o r t s . Deduction has been made for estimated
                       e x p l o i t a t i o n costs f o r each of the species.
                       The f i n a n c i a l contribution under A r t i c l e 8 o f the framework Agreement has been calculated on
                       the basis o f 10' % of the value of the f i n a n c i a l compensation under A r t i c l e 7.
                                                                                 /s
 ---pagebreak---                                                                     ISSN 0254-1475
                                                             COM (93) 621 final
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                                                            ISBN 92-77-61986-4
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