CELEX: 31990R3927
Language: en
Date: 1990-12-20 00:00:00
Title: Council Regulation (EEC) No 3927/90 of 20 December 1990 laying down for 1991 certain measures for the conservation and management of fishery resources applicable to vessels flying the flag of Norway

No L 378 / 38                              Official Journal of the European Communities                                  31 . 12 . 90
                                          COUNCIL REGULATION (EEC) No 3927/ 90
                                                        of 20 December 1990
                 laying down for 1991 certain measures for the conservation and management of fishery
                                      resources applicable to vessels flying the flag of Norway
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                              Whereas, pursuant to the terms of Article 3 of Regulation
                                                                       (EEC ) No 170 / 83 , it is for the Council to fix the total
                                                                       catches allocated to third countries and to lay down the
                                                                       specific conditions under which such catches must be
                                                                       taken ;
Having regard to the Treaty establishing the European
Economic Community,
                                                                       Whereas the fishing activities covered by this Regulation
                                                                       are subject to the relevant control measures provided for in
Having regard to Council Regulation (EEC) No 170 / 83 of               Council Regulation (EEC ) No 2241 / 87 of 23 July 1987
25 January 1983 establishing a Community system for the                establishing certain control measures for fishing
conservation and management of fishery resources (*), as               activities (4), as amended by Regulation (EEC ) No
amended by the Act of Accession of Spain and Portugal (2),             3483 / 88 (5 );
and in particular Article 1 1 thereof,
                                                                       Whereas Article 3 (2 ) of Commission Regulation (EEC)
                                                                       No 1381 / 87 of 20 May 1987 establishing detailed rules
Having regard to the proposal from the Commission,                     concerning the marking and documentation of fishing
                                                                       vessels (6) provides that all vessels with chilled or
                                                                       refrigerated sea-water tanks are to keep on board a
Whereas, in accordance with the procedure provided for in              document certified by a competent authority and specifying
Articles 2 and 7 of the Fisheries Agreement between the                the calibration of the tanks in cubic metres at 10-centimetre
European Economic Community and the Kingdom of                         intervals,
Norway (3), the Community and Norway have held
consultations concerning mutual fishing rights in 1991 and
the management of common biological resources;
                                                                       HAS ADOPTED THIS REGULATION:
Whereas , in the course of these consultations, the
delegations agreed to recommend to their respective
authorities that certain catch quotas for 1991 should be                                           Article 1
fixed for the vessels of the other party;
                                                                        1 . Vessels flying the flag of Norway are hereby authorized
                                                                       until 31 December 1991 to fish for the species listed in
Whereas the Agreement of 19 December 1966 between                      Annex I, within the geographical and quantitative limits
Denmark, Norway and Sweden on reciprocal access to                     laid down therein and in accordance with this Regulation,
fishing in the Skagerrak and Kattegat provides that each               in the 200-nautical-mile fishing zone of the Member States
party shall grant vessels of the other parties access to its           in the North Sea, Skagerrak, Kattegat, Baltic Sea and
fishing zone in the Skagerrak and part of the Kattegat up to           Atlantic Ocean north of 43°00'N .
four nautical miles from the baselines;
                                                                       2 . Fishing authorized pursuant to paragraph 1 shall be
                                                                       limited to those parts of the 200-nautical-mile fishing zone
Whereas the necessary measures should be taken to                      lying seawards of 12 nautical miles from the baselines from
implement, for 1991 , the results of the consultations held            which the fishing zones of Member States are measured;
between the delegations of the Community and Norway                    however, fishing in the Skagerrak will be allowed seawards
and thus prevent any interruption of mutual fisheries                   of four nautical miles from the Danish baselines .
relations as at 31 December 1990;
(!) 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. 48 .                                  (6) OJ No L 132, 21 . 5 . 1987, p. 9.
 ---pagebreak--- 31 . 12 . 90                              Official Journal of the European Communities                               No L 378 / 39
3 . Fishing in the parts of ICES division III a bounded in           Community and must observe the conditions as established
the west by a line drawn from the Hanstholm lighthouse to            by that licence.
the Lindesnes lighthouse and in the south by a line drawn
from the Skagen lighthouse to the Tistlarna lighthouse and           Norway shall notify to the Commission the name and
from there to the nearest point on the Swedish coast shall           characteristics of the vessels for which licences may be
not be subject to quantitative limitations, with the                 issued
exception of fishing for mackerel and saithe.
                                                                     2. The Commission shall issue the fishing licences referred
                                                                     to in paragraph 1 to all vessels for which a licence is
4. Notwithstanding paragraph 1 , unavoidable by-catches              required by the Norwegian authorities.
of species for which no quota has been fixed in a given zone
shall be permitted within the limits laid down by the                Request for amendments to the list of vessels licenced may
conservation measures in force in the zone concerned .
                                                                     be made at any time and shall be processed expeditiously.
5 . By-catches, in a given zone, of a species for which a            3 . Each licence shall be valid for one vessel only. Where
quota is established in that zone shall be counted against           two or more vessels are taking part in the same fishing
the quota concerned.                                                 operation, each vessel must be in possession of a licence.
                                                                     4 . Licences may be cancelled with a view to the issue of
                                                                     new licences. Such cancellations shall take effect on the day
                             Article 2                               before the date of issue of the new licences Jby the
                                                                     Commission . New licences shall take effect from their date
                                                                     of issue .
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 .                                                    5 . Licences shall be wholly or partially withdrawn before
                                                                     the date of expiry if the respective quotas fixed in Article 1
                                                                     have been exhausted .
2. The vessels referred to in paragraph 1 shall keep a
log-book in which the information set out in Annex II shall          6 . Licences shall be withdrawn in the event of any failure
be entered .                                                         to meet the obligations laid down in this Regulation.
                                                                     7. For a period not exceeding 12 months, no licence shall
3 . The vessels referred to in paragraph 1 , except for those        be issued for any vessel in respect of which the obligations
fishing in ICES division III a, shall transmit to the                laid down in this Regulation have not been met.
Commission, in accordance with the rules laid down in
Annex III, the information set out in that Annex.
                                                                     8 . Vessels authorized to fish on 31 December may
                                                                     continue their fishing activities as from the beginning of the
4. Those vessels referred to in paragraph 1 which have               following year, on the basis of this authorization, until the
chilled or refrigerated sea-water tanks shall keep on board          new lists of vessels for the year in question have been
a document certified by a competent authority and                    approved.
specifying the calibration of the tanks in cubic metres at
10-cm intervals .
                                                                                                Article 4
5. The registration letters and numbers of the vessels               When an application for a licence is submitted to the
referred to in paragraph 1 must be clearly marked on the             Commission, the following information must be supplied:
bow of each vessel on both sides .
                                                                     (a) name of the vessel ;
                                                                     (b ) registration number;
                             Article 3                               (c) external identification letters and numbers;
1 . When fishing in any ICES division under the quotas               (d) port of registration;
fixed in Article 1 , vessels exceeding 200 GRT must keep on
board a licence issued by the Commission on behalf of the            (e) name and address of the owner or charterer;
 ---pagebreak--- No L 378 / 40                           Official Journal of the European Communities                              31 . 12 . 90
(f) gross tonnage and overall length;                                                        Article 6
(g) engine power;                                                  The use of trawls and purse seines for the capture of
                                                                   pelagic species shall be prohibited in the Skagerrak from
(h) call sign and radio frequency;                                 Saturday midnight to Sunday midnight.
( i) intended method of fishing;                                                             Article 7
(j ) intended area of fishing;                                     Where an infringement is duly established, Member States
(k) species for which it is intended to fish;                      shall without delay inform the Commission of the name of
                                                                   the vessel involved and of any action they have taken.
(1) period for which a licence is required.                        The Commission shall submit on behalf of the Community,
                                                                   to Norway, the name and the characteristics of the
                                                                   Norwegian vessels which will not be authorized to fish in
                           Article 5                               the Community's fishing zone the next month(s), as a
                                                                   consequence of an infringement of Community rules.
Fishing within the quotas fixed in Article 1 for blue ling,
ling and tusk, shall be permitted provided that use is made                                  Article 8
of the method commonly known as 'long-lining' in ICES
division V b and sub-areas VI and VII .                            This Regulation shall enter into force on 1 January 1991 .
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States .
                 Done at Brussels , 20 December 1990.
                                                                                        For the Council
                                                                                         The President
                                                                                          P. BUKMAN
 ---pagebreak--- 31 . 12 . 90                                    Official Journal of the European Communities                                               No L 378 /41
                                                                         ANNEX 1
                                                           Norwegian catch quotas for 1991
                                                                                                              (tonnes — fresh round weight)
                                                                          Area within which fishing                      Quantity
                                   Species                                       is authorized                            (tonnes)
             Mackerel                                            ICES VI a (!) + VII d, e, f, h + II a                  14 000 ( 12)
             Herring                                             ICES VI a                                                6 200
             Sprat                                               ICES IV                                                  2 000
             Cod                                                 ICES IV                                                  6 300
             Haddock                                             ICES IV                                                  5 000
             Saithe                                              ICES IV and Skagerrak (2)                              45 000
             Whiting                                             ICES IV                                                10 000
             Plaice                                              ICES IV                                                  3 100
             Mackerel                                            ICES IV , III a                                        43 600 ( 10)
             Sand-eel , Norway pout,
             blue whiting                                        ICES IV                                                 50 000 (3)
             Blue whiting                                        ICES II, IV a, VI a (*), VI b, VII (4)                155 000 ( 5 ) ( n )
             Blue ling                                           ICES IV , V b , VI , VII, II a                            1 000 (6)
             Ling and tusk                                       ICES IV , V b , VI, VII, II a                           18 000 («) (7)
             Dogfish                                             ICES IV , VI, VII                                         3 000
             Basking shark (8)                                   ICES IV , VI, VII                                           100
             Porbeagle                                           ICES IV , VI, VII                                           200
             Shrimp                                              ICES IV                                                     100
             Other species                                       ICES IV , II a                                            5 000
             Herring                                             ICES IV a , b                                           50 000 (9)
              (!) North of 56°30'N.
              (2) Limited in the west by a line drawn from the Hanstholm lighthouse to the Lindesnes lighthouse and in the south by a line
                    drawn from Skagen lighthouse to the Tistlarna lighthouse and from there to the nearest coast of Sweden.
               (3 ) Of which sand-eel alone not more than SO 000 tonnes or Norway pout and blue whiting together not more than 40 000
                    tonnes. Up to 10 000 tonnes of the Norway pout quota may be fished in ICES VI a north of 56°30' N. However, this
                    quantity should be deducted from the quota of sand-eel , Norway pout and blue whiting in ICES IV.
              (4) West of 12°00' W.
               (5 ) Of which no more than 40 000 tonnes may be fished in ICES division IV a .
               (6) Of which an incidental catch of other species of 20 % per ship, at any moment, is authorized in ICES sub-areas VI
                    and VII. 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 and VII should not exceed 2 500 tonnes.
              (7)   Of which ling may be a maximum of 14 000 tonnes and tusk a maximum of 8 000 tonnes.
              (8 )  Basking shark liver.
              (9)   An additional 10 000 tonnes will be granted if such an increase is called for.
             ( 10)  May be fished in IV a only, except for 3 000 tonnes which may be fished in III a.
             (n)    Of which up to 8 000 tonnes of argentine may be fished .
             (12) Of which 14 000 tonnes may be fished from 1 October to 31 December 1991 in Community waters in division IV a.
 ---pagebreak--- No L 378 / 42                               Official Journal of the European Communities                                     31 . 12 . 90
                                                                  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 'transfered to';
                 2.2. the quantity (in kilograms live-weight) of each species transhipped;
                 2.3 . the name, external identification letters and numbers of the vessel to or from which the transhipment
                       occurred ;
             3. after each landing in a port of the Community                          ^
                 3.1 . name of the port;
                 3.2. the quantity (in kilograms live-weight) of each species landed;
             4. after each transmission of information to the Commission of the European Communities
                 4.1 . date and time of the transmission ;
                 4.2. type of message: IN, OUT, ICES , WKL or 2 WKL;
                 4.3 . in the case of radio transmission: name of the radio station.
 ---pagebreak--- 31 . 12 . 90                                 Official Journal of the European Communities                                    No L 378 / 43
                                                                  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 quantity (in kilograms) 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 zones 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 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
                 Bl&vand                                        OXB
                 Ronne                                          OYE
 ---pagebreak--- No L 378 / 44                          Official Journal of the European Communities                                        31 . 12 . 90
              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--- 31 . 12 . 90                           Official Journal of the European Communities         No L 378 / 45
           5. The code to be used to indicate the species on board as mentioned in 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 .