CELEX: 31991R3885
Language: en
Date: 1991-12-18 00:00:00
Title: Council Regulation ( EEC ) No 3885/91 of 18 December 1991 laying down for 1992 certain measures for the conservation and management of fishery resources applicable to vessels flying the flag of Sweden

No L 367 / 48                                Official Journal of the European Communities                                    31 . 12 . 91
                                            COUNCIL REGULATION (EEC) No 3885 / 91
                                                          of 18 December 1991
                 laying down for 1992 certain measures for the conservation and management of fishery
                                        resources applicable to vessels flying the flag of Sweden
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                               activities (4), as amended by Regulation (EEC) No
                                                                        3483 / 88 (5);
Having regard to the Treaty establishing the European
Economic Community ,                                                    Whereas Article 3 (2) of Commission Regulation (EEC)
                                                                        No 1381 / 87 of 20 May 1987 establishing detailed rules
                                                                        concerning the marking and documentation of fishing
Having regard to Council Regulation (EEC) No 170 / 83 of                vessels (6) provides that all vessels with chilled or
25 January 1983 establishing a Community system for the                 refrigerated sea- water tanks are to keep on board a
conservation and management of fishery resources ( J ), as              document certified by a competent authority and specifying
                                                                        the calibration of the tanks in cubic metres at 10-centimetre
amended by the Act of Accession of Spain and Portugal (2),
and in particular Article 11 thereof,                                   intervals;
Having regard to the proposal from the Commission ,                     Whereas the Agreement of 19 December 1966 between
                                                                         Denmark, Norway and Sweden on mutual access to fishing
                                                                         in the Skagerrak and Kattegat provides that each Party is to
Whereas, in accordance with the procedure provided for in                grant fishing vessels of the other Parties access to its fishing
the Fisheries Agreement between the European Economic                    zone in the Skagerrak and part of the Kattegat up to four
Community and the Government of Sweden (3 ), and in                      nautical miles from the baselines, without any quantitative
particular Articles 2 and 6 thereof, the Community and                   limitation;
Sweden have held consultations concerning their mutual
fishing rights for 1992 and the management of common
biological resources ;                                                   Whereas the Convention of 31 December 1932 between
                                                                         Denmark and Sweden concerning fishing conditions in the
Whereas, in the course of these consultations , the                      maritime waters bordering on both Parties provides that
delegations agreed to recommend to their respective                      each Party shall grant fishing vessels of the other Party
                                                                         access to its fishing zone in the Kattegat up to three
authorities that certain catch quotas for 1992 should be
                                                                         nautical miles from the coast and in certain parts of the
fixed for the vessels of the other Party;
                                                                         0resund and the Baltic Sea up to the baselines, without any
                                                                         quantitative limitation,
Whereas the Agreement comprises an exchange, for 1992,
of certain supplementary catch quotas, as a consequence of
the German unification, the Community being the legal
successor to the German Democratic Republic with respect
to the Agreement between the Government of the German                    HAS ADOPTED THIS REGULATION:
Democratic Republic and the Government of Sweden on
Fisheries;
                                                                                                       Article 1
Whereas, under 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                1 . Vessels flying the flag of Sweden are hereby authorized
conditions under which such catches must be taken;
                                                                         until 31 December 1992 to fish for the species listed in
                                                                         Annex I, within the geographical and quantitative limits
Whereas the fishing activities covered by this Regulation                laid down therein and in accordance with this Regulation,
are subject to the control measures provided for by                      in the 200-nautical-mile fishing zone of the Member States
Council Regulation (EEC) No 2241 / 87 of 23 July                         in the North Sea, Skagerrak, Kattegat, Baltic Sea and
                                                                         Atlantic Ocean north of 43° 00' N.
1987 establishing certain control measures for fishing
0 ) 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. 1 .                                  (6) OJ No L 132, 21 . 5. 1987 , p. 9 .
 ---pagebreak--- 31 . 12 . 91                             Official Journal of the European Communities                              No L 367 / 49
2. Notwithstanding paragraph 1 , vessels flying the flag of         2 . The vessels referred to in paragraph 1 shall keep a
Sweden shall be authorized to fish, without any                     log-book in which the information set out in Annex III
quantitative limitation, in the Skagerrak, Kattegat and             shall be entered .
0resund .
                                                                    3 . The vessels referred to in paragraph 1 shall transmit to
3 . For the purposes of this Regulation:                            the Commission , in accordance with the rules laid down in
                                                                    Annex IV, the information set out in that Annex.
— the Skagerrak is the area bounded in the west by a line
     drawn from the Hanstholm lighthouse to the Lindesnes
     lighthouse and in the south by a line drawn from the
     Skagen lighthouse to the Tistlarna lighthouse and from         4 . Those vessels referred to in paragraph 1 which have
     there to the nearest point on the Swedish coast,               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
— the Kattegat is the area bounded in the north by a line            10-centimetre intervals .
     drawn from the Skagen lighthouse to the Tistlarna
     lighthouse and from there to the nearest point on the
     Swedish coast and in the south by a line drawn from             5 . The registration letters and numbers of the vessels
     Hasenore Head to Gniben Point, from Korshage to                 referred to in paragraph 1 must be clearly marked on the
     Spodsbjerg, and from Gilbjerg Head to the Kullen,               bow of each vessel on both sides .
— the 0resund is the area bounded in the north by a line
     drawn from Gilbjerg Point to the Kullen and in the                                        Article 3
     south by a line drawn from the Stevns lighthouse to the
     Falsterbo lighthouse.
                                                                     1 . Fishing within ICES sub-area IV and ICES divisions III
                                                                     c and d under the quotas fixed in Article 1 shall be
4 . Fishing authorized under paragraphs 1 and 2 shall be
limited to those parts of the 200-nautical-mile fishing zone
                                                                     permitted only where a licence has been issued by the
                                                                     Commission on behalf of the Community at the request of
lying seawards of 12 nautical miles from the baselines from
                                                                     the Swedish authorities and in compliance with the
which the fishing zones of Member States are measured,               conditions set out in Annexes II, III and IV. Copies of these
with the following exceptions:
                                                                     Annexes shall be kept on board each vessel .
(a) fishing in Skagerrak is authorized seawards of four
      nautical miles from the baselines of Denmark;
                                                                     The vessels to be licensed for fishing in the Community
 (b) fishing in Kattegat is authorized seawards of three             zone during a given month will be notified at the latest by
      nautical miles from the coast of Denmark;                      the 10th day of the preceding month . The Community shall
                                                                     process expeditiously requests for adjustments to a monthly
(c) fishing in the Baltic Sea is authorized seawards of three        list during its currency.
      nautical miles from the baselines of Denmark;
 (d) fishing in 0resund is authorized within the areas and in        2 . Licences shall be issued for the purposes of paragraph 1
      accordance with the conditions set out in Annex II .
                                                                     provided that the number of licences valid at any time
                                                                     during a given month does not exceed :
 5 . Notwithstanding paragraph 1 , unavoidable by-catches
 of a species for which no quota is established in a zone shall      — 74 for the fishing of cod , sprat and herring in the Baltic
 be permitted within the limits fixed in the conservation                 Sea , including quotas granted to Sweden under the
 measures in force in the zone concerned .                                Agreement between the Government of the German
                                                                          Democratic Republic and the Government of Sweden
                                                                          on Fisheries,
 6 . By-catches in a given zone of a species for which a
 quota is established in that zone shall be counted against           — 53 for the fishing of herring, sprat and mackerel in
 the quota concerned.                                                     ICES divisions; IV a and b,
                                                                      — 14 for the fishing of cod, haddock , whiting and others
                                                                          in ICES sub-area IV,
                            Article 2
                                                                      — five for the fishing of salmon in the Baltic Sea .
 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          3 . When an application for a licence is submitted to the
 in that Article .                                                    Commission, the following information must be supplied:
 ---pagebreak--- No L 367 / 50                            Official Journal of the European Communities                                   31 . 12 . 91
(a) name of the vessel ;                                            6 . Licences shall be wholly or partially withdrawn before
                                                                    the date of expiry if the respective quotas fixed in Article 1
(b ) registration number;                                           have been exhausted .
(c) external identification letters and numbers;                    7 . Licences shall be withdrawn in the event of any failure
                                                                    to meet the obligations laid down in this Regulation.
(d) port of registration;
                                                                    8 . For a period not exceeding 12 months, no licence shall
(e) name and address of the owner or charterer;                     be issued for any vessel in respect of which the obligations
                                                                    laid down in this Regulation have not been met.
(f) gross tonnage and overall length ;
(g) engine power;
                                                                    9 . 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
(h) call sign and radio frequency;
                                                                    question are submitted to and approved by the
(i) intended method of fishing;                                     Commission on behalf of the Community.
(j ) intended area of fishing;                                                                  Article 4
(k) species for which it is intended to fish;                       Where an infringement is duly found to have taken place,
                                                                    the Member States shall without delay inform the
(1 ) period for which a licence is requested.                       Commission of the name of the vessel concerned and of any
                                                                    action they have taken.
4 . Each licence shall be valid for one vessel only . Where         The    Commission       shall  submit,    on behalf of the
two or more vessels are taking part in the same fishing             Community, to Sweden the names and characteristics of
operation, each vessel must be in possession of a licence.          the Swedish vessels which will not be authorized to fish in
                                                                    the Community's fishing zone the next month(s) as a
                                                                    consequence of an infringement of Community rules.
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                                             Article 5
Commission . New licences shall take effect from their date
of issue.                                                           This Regulation shall enter into force on 1 January 1992.
                   This Regulation shall be binding in its entirety and directly applicable in all Member
                   States .
                   Done at Brussels , 18 December 1991 .
                                                                                           For the Council
                                                                                            The President
                                                                                             P. BUKMAN
 ---pagebreak--- 31 . 12 . 91                                   Official Journal of the European Communities                                               No L 367 / 51
                                                                        ANNEX I
                                                            Swedish catch quotas for 1992
                                                                             Area within which                          Quantity
                                  Species                                   fishing is authorized                        (tonnes)
             Cod                                                ICES III C, d                                           1 390 (5) (4)
                                                                ICES IV                                                    130(1 )
             Salmon                                             ICES III c, d                                               10
             Haddock                                            ICES IV                                                    300
             Whiting                                            ICES IV                                                     20 (1 )
             Herring                                            ICES III c, d                                           3 650
                                                                ICES IV a, b                                            4 450
             Mackerel                                           ICES IV a , b                                           3 000 (2)
             Sprat                                              ICES III c, d                                           2 000
                                                                ICES IV a , b                                              320
             Others                                             ICES IV                                                 1 000 (3)
             0 ) These quotas may be interchanged.
             (2) Of which 2 700 tonnes shall be fished in area IV a.
             (3) 850 tonnes are reserved for by-catches of horse mackerel in, inter alia , fishing for mackerel , prawns (Pandalus) only as
                  by-catch.
             (4) Of which 200 tonnes as a supplementary catch quota in ICES III d for 1992 , granted to Sweden under the Agreement
                  between the Government of the German Democratic Republic and the Government of Sweden on Fisheries, to be fished in
                  the fishing zone as defined in the last paragraph of the preamble of that Agreement.
             (5) An additional 60 tonnes as flatfish by catch in the cod fishery.
                                                                        ANNEX II
             1 . Inside a depth of seven metres, only the following are allowed:
                   (a) fishing by net for herring; and
                   (h) fishing by lines in the months of July to October inclusive.
             2. Outside a depth of seven metres, by trawl or seine is prohibited south of a line from Ellekilde Hage to
                   Lerberget.
             3. Notwithstanding paragraph 2, fishing is allowed on the Middelgrunden by 'agnvod which does not
                   measure more than 7,5 metres between 'armspidserne'.
             4. North of the line referred to in paragraph 2, fishing by trawl or Danish seine is allowed up to three nautical
                   miles from the coast.
                                                                        ANNEX III
              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--- No L 367 / 52                              Official Journal of the European Communities                                        31 . 12 . 91
                                                               ANNEX IV
        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 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 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
               BISvand                                        OXB
               Norddeich                                      DAF DAK
                                                              DAHDAL
                                                              DAI DAM
                                                              DAJ DAN
               Scheveningen                                   PCH
               Oostende                                       OST
               North Foreland                                 GNF
               Humber                                         GKZ
                Cullercoats                                   GCC
               Wick                                           GKR
 ---pagebreak--- 31 . 12 . 91                             Official Journal of the European Communities                                     No L 367 / 53
                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
                Stockholm                                   SOJ
                Goteborg                                    SOG
                Rønne                                        OYE
            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',                        x
                 — 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 .
             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 bippoglossoides),
                 COD — Cod (Gadus morhua),
                 HAD     — Haddock (Melanogrammus aeglefinus),
                 HAL     — Halibut (Hippoglossus hippoglossus),
                 MAC     — Mackerel (Scomber scombrus),
                 HOM     — Horse-mackerel (Trachurus trachurus),
 ---pagebreak--- No L 367 / 54                      Official Journal of the European Communities 31 . 12 . 91
              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 (Penaeidae),
              ANE — Anchovy (Engraulis encrasicholus),
              RED — Redfish (Sebastes spp .J,
              PLA — American plaice (Hypoglossoides platessoides),
              SQX — Squid (Illex spp.J,
              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.J,
              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 (Nepbrops norvegicus),
              POL — Pollack (Pollachius pollachius).
              ARG — Argentine (Argentina sphyraena),
              OTH — Other.