CELEX: 31979R0395
Language: en
Date: 1979-02-28 00:00:00
Title: Council Regulation (EEC) No 395/79 of 28 February 1979 laying down for the period 1 January to 31 March 1979 certain interim measures for the conservation and management of fishery resources applicable to vessels flying the flag of Norway

1 . 3 . 79                         Official Journal of the European Communities                            No L 51 / 1
                                                           I
                                         (Acts whose publication is obligatory)
                                   COUNCIL REGULATION (EEC) No 395/79
                                                  of 28 February 1979
              laying down for the period 1 January to 31 March 1979 certain interim measures
              for the conservation and management of fishery resources applicable to vessels
                                              flying the flag of Norway
THE COUNCIL OF THE EUROPEAN                                    by vessels of the other parties within its fishing zone
COMMUNITIES,                                                   in Skagerrak and part of Kattegat within a distance of
                                                               four nautical miles from the base-lines ;
Having regard to the Treaty establishing the European
Economic Community, and in particular Article 103              Whereas under this Agreement the Community,
thereof,                                                       Norway and Sweden have consulted about regulatory
                                                               measures for fishing in the area covered thereby ;
Having regard to the proposal from the Commission ,
                                                               Whereas in this context the parties have also
Whereas on 3 November 1976 the Council adopted a               consulted about regulatory measures for certain fish
set of resolutions concerning certain external and             stocks occurring in an area falling within both
internal aspects of the common fisheries policy ;              Skagerrak and Kattegat ;
Whereas the Community and the Kingdom of                       Whereas during these consultations delegations agreed
Norway have negotiated a Framework Agreement on                to recommend their respective authorities to introduce
fisheries ;                                                    catch limitations for certain species in these areas ;
                                                               Whereas the proposed catch limitations consist of
Whereas the Commission has submitted the Agree­                quotas, allocated to each party, which are not subdi­
ment to the Council for approval ;                             vided on the basis of the fishing zones of the parties ;
Whereas the Community and Norway have held                     Whereas the Fishery Agreement of 1964 between the
consultations concerning their reciprocal fishing allo­        United Kingdom and Norway provides that Norwe­
cations for 1979 ;                                             gian vessels are authorized to fish for dogfish and
                                                               basking shark in certain areas between six and 12
Whereas during these consultations the delegations             nautical miles from the base-lines of the United
agreed to recommend that their respective authorities          Kingdom ;
fix certain catch quotas for 1979 for vessels of the
other party ;                                                  Whereas these arrangements with Norway cover the
                                                               whole of 1979 but it would seem appropriate, pending
Whereas delegations from the Community and                     the outcome of the necessary procedures engaged in,
Canada have agreed to recommend that their authori­            to establish measures for Norwegian fishing for the
ties coordinate their decisions on the allocations to be       period 1 January to 31 March 1979 ;
given to third parties of certain joint stocks of fish and
prawn in Davis Strait and Baffin Bay ;                         Whereas fishing by Norwegian vessels in the fishing
                                                               zone of the Community is authorized until 28
Whereas the two delegations have agreed to recom­              February 1979 by Council Regulation (EEC) No
 mend to their authorities that they allocate to Norway        3150/78 (');
 5 016 tonnes of the said joint stock of prawn of which
 a specified part is to be taken in the Community              Whereas, in order to avoid an interruption of the
 zone ;
                                                               Community's and Norway's reciprocal fishing activi­
                                                               ties, it is necessary that the Community adopt new
Whereas the Agreement of 19 December 1966                      arrangements before 28 February 1979 allowing
 between Denmark, Norway and Sweden concerning                  fishing by Norwegian vessels in the Community's
 mutual access to fishing in Skagerrak and Kattegat
 provides that each party shall grant access to fishing        (') OJ No L 374, 30 . 12. 1978 , p. 9 .
 ---pagebreak--- No L 51 /2                         Official Journal of the European Communities                                1 . 3 . 79
fishing zone in accordance with the arrangements              2. Vessels referred to in paragraph 1 shall keep a
agreed upon during the consultations referred to              logbook in which the following information is to be
above ;                                                       entered :
Whereas, in order to comply with this time limit, it is       — when fishing in areas other than sub-area XIV as
necessary to establish these arrangements as an                    defined by the International Council for the Explo­
interim measure on the basis of Article 103 of the                 ration of the Sea (ICES) and zones 0 + 1 as
                                                                   defined in the Annex to the Convention esta­
Treaty, subject to its being included at a later date in
the common agricultural policy,                                    blishing the International Commission for North­
                                                                   West Atlantic Fisheries (ICNAF), the information
                                                                   specified in Annex III,
                                                              — when fishing in ICES sub-area XIV and ICNAF
                                                                   zones 0 + 1 , the information specified in Annex
HAS ADOPTED THIS REGULATION :                                      V.
                        Article 1
                                                              3.      Vessels referred to in paragraph 1 shall transmit
                                                              to the Commission :
1 . Fishing by vessels flying the flag of Norway in           — when fishing in areas other than ICES sub-area
the 200 nautical mile fishing zone of the Member                   XIV and division IIIa and ICNAF zones 0 + 1 ,
States in the North Sea, Skagerrak, Kattegat, the Baltic           the information specified in Annex IV,
Sea, the Labrador Sea, Davis Strait, Baffin Bay and the
Atlantic Ocean north of 43° N shall be authorized for         — when fishing in ICES sub-area XIV and ICNAF
the period 1 January to 31 March 1979 for the species              zones 0 + 1 , the information specified in Annex
                                                                   VI .
mentioned in Annex I within the geographical and
quantitative limits laid down therein and in accor­
dance with the conditions laid down in this Regula­
tion .                                                        This information is to be transmitted according to the
                                                              rules set out in the appropriate Annex.
2. Fishing authorized under paragraph 1 shall be
limited to the parts of the 200 nautical mile fishing         4. The registration letters and numbers of the
zone lying seawards of 12 nautical miles from the             vessels referred to in paragraph 1 must be clearly
base-lines from which the territorial seas of Member          marked on both sides of the bow of the vessel .
States are measured with the following exceptions :
(a) fishing in the Skagerrak is allowed seawards of four
     nautical miles from the base-lines of Denmark ;                                    Article 3
(b) fishing for dogfish and basking shark is allowed in
     the areas defined in Annex II .
                                                              1 . Fishing within ICES sub-area XIV and ICNAF
                                                              zones 0 + 1 under the quotas established in Article 1
3. Notwithstanding paragraph 1 unavoidable                    shall be subject to the holding on board of a licence
by-catches of a species for which no quota is esta­           issued by the Commission on behalf of the Commu­
blished in a zone ^hall be permitted within the limits        nity and to the observance of the conditions set out in
fixed in the conservation measures in force in the            the licence. However, not more than eight licensed
zone concerned.                                               vessels shall be authorized to be present simultane­
                                                              ously to fish halibut, Greenland halibut and redfish in
                                                              the said areas .
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.                                  2. The number of licences which may be issued for
                                                              the purpose of paragraph 1 including those which
                                                              remain valid according to paragraph 5 shall be limited
                                                              to :
                        Article 2
                                                              (a) 13 for fishing halibut, Greenland halibut and
 1 . Vessels fishing under the quotas established in                redfish ;
 Article 1 shall comply with the conservation and
 control measures and all other provisions governing          (b) 25 for fishing northern           deep-water     prawn
 fishing in the zones referred to in that Article.                  (Pandalus borealis).
 ---pagebreak---  1 . 3 . 79                          Official Journal of the European Communities                            No L 51 /3
3.       Each licence shall be valid for one vessel only.                                Article 5
When several vessels take part in the same fishing              Fishing for the quotas referred to in Article 1 for
operation, each vessel shall be in possession of a              mackerel in ICES sub-area IV south of 60° N is prohi­
licence.                                                        bited.
4.       Licences may be cancelled with a view to the                                    Article 6
issue of new licences. The cancellation shall take
                                                                Fishing for the quotas referred to in Article 1 for blue
effect from the date of the surrender of the licence to
                                                                ling, ling, tusk, Greenland halibut, halibut and redfish
the Commission .
                                                                is allowed only by use of the method commonly
5.       Licences issued pursuant to Council Regulation         known as 'long-lining'.
(EEC) No 2301 /78 of 29 September 1978 laying down                                       Article 7
the number of licences for vessels flying the flag of           Fishing in Skagerrak for the quotas referred to in
Norway for fishing within the 200 nautical mile                 Article 1 is subject to the following provisions :
fishing zone of the Member States of the Commu­
nity (l) shall remain valid, if so requested by the             1 . direct fishing for herring is prohibited from 1
                                                                    January to 31 March 1979 ;
Norwegian authorities, until 31 March 1979 at the
latest.                                                         2. direct fishing for herring for purposes other than
                                                                    human consumption is prohibited ;
                                                                3 . the use of trawl and purse seine for the capture of
                          Article 4
                                                                    pelagic species is prohibited from Saturday
When an application for a licence is submitted to the               midnight to Sunday midnight.
Commission, the following information shall be                                           Article 8
supplied :                                                      The competent authorities of the Member States shall
(a)  name of the vessel ;                                       take appropriate steps, including the regular inspec­
(b)   registration number ;                                     tion of vessels, to ensure the enforcement of this Regu­
                                                                lation .
(c)  external identification letters and numbers ;
                                                                                         Article 9
(d)   port of registration ;
(e) name and address of the owner or charterer ;                Where an infringement is duly established the
                                                                Member States shall, without delay, inform the
(f) gross tonnage and overall length ;                          Commission of the name of the vessel involved and of
(g) engine power ;                                              any action they have taken .
(h)   call sign and radio frequency ;                                                   Article 10
(i)   intended method of fishing ;                              This Regulation shall enter into force on the day of its
(j)  intended area of fishing ;                                 publication in the Official Journal of the European
(k)   species for which it is intended to fish ;                Communities.
(1)   period for which a licence is requested.                  It shall apply from 1 January to 31 March 1979 .
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States.
                 Done at Brussels, 28 February 1979 .
                                                                             For the Council
                                                                               The President
                                                                              J. LE THEULE
(!) OJ No L 276, 30. 9. 1978, p. 1 .
 ---pagebreak--- No L 51 /4                                  Official Journal of the European Communities                                                            1.-3 . 79
                                                                        ANNEX I
                                                                     Fishing quotas
                                                                                                                                           (tonnes)
                              Species                       Area within which fishing is authorized                      Quantity
            Herring                                       Skagerrak (!)                                                   1 725 (2) (3)
            Mackerel                                      ICES IV and Skagerrak (')                                     80 000 (4)
                                                          ICES Via (5 ) + VIId, e, f, h                                 35 000
            Horse mackerel                                ICES IV, Via (5) + VIId, e, f, h                               5 000
            Sprat                                         ICES IV                                                       71 000
                                                          Skagerrak (')                                                 12 000 (3 )
            Cod                                           ICES IV                                                        6 000
                                                          Skagerrak (')                                                     500 (*)
            Haddock                                       ICES IV                                                        3 000
                                                          Skagerrak (')                                                     400 (J)
           Saithe                                         ICES IV and Skagerrak (')                                     12 500
           Whiting                                        ICES IV                                                        3 500
                                                          Skagerrak (')                                                     400 (3)
           Plaice                                         ICES IV                                                         1 000
                                                          Skagerrak (')                                                     200 (3)
           Sandeel, Norway pout/blue
           whiting                                        ICES IV                                                       50 000 (*)
            Blue whiting                                  ICES II, Via (5), VIb, VII (7),
                                                          XIV                                                         125 000
            Ling, blue ling and tusk                      ICES IV, VI , VII                                             20 000
           Dogfish                                        ICES IV, VI , VII                                             12 500 (8)
           Basking shark (9)                              ICES IV, VI, VII                                                  800 (8)
           Porbeagle                                      ICES IV, VI , VII                                              1 000
            Northern deep water prawn                     ICNAF 0 + 1 ( 10)                                              4 366
           (Pandalus borealis)                            ICES XIV                                         Experimental fishery only
           Greenland halibut and redfish                  ICNAF 0 + 1 , ICES XIV                                         1 800
           Halibut                                        ICNAF 0 + 1 , ICES XIV                                            200
           Other species                                  ICES IV                                                        5 000
             (') Limited in the west by a line drawn from the lighthouse of Hanstholm to the lighthouse of Lindesnes and in the south by a line
                  drawn from Skagen lighthouse to the lighthouse of Tistlarna and from there to the nearest coast of Sweden .
            (2 )  This quota does not include fjord herring, which is caught between the Swedish frontier and the Lindesnes.
            ( 3)  To be reduced by the quantities taken outside the EEC fishing zone.
            (4 )  Of which no more than 5 000 tonnes may be fished in the parts of ICES sub-area IV situated either south of 60° N or east of 2° E.
            (5 )  North of 56° 30 ' N.
            (6)   Of which sandeel alone no more than 50 000 tonnes or Norway pout and blue whiting together no more than 13 330 tonnes .
             ( ?) West of 12° W.
            (8) This quota does not include catches taken in the areas defined in Annex II .
            (') Basking shark liver.
           ( 10) East of the median line and south of 68° N.
 ---pagebreak--- 1 . 3 . 79                         Official Journal of the European Communities                                    No L 51 / 5
                                                          ANNEX II
           Zone between six and 12 nautical miles from the base-lines of the territorial sea of the
                                                      United Kingdom
           (a) Fishing for dogfish : the areas extending from a line due west of Ard an Runair (North Uist) north­
                wards to a line due east of Start Point (Orkney) including the areas around the Flannan Islands,
                the Shetland Islands and Fair Isle and the off-lying islands of the St Kilda Group, North Rona
                and Sulisker, Sule Skerry and Stack Skerry.
           (b) Fishing for basking sharks : the same areas as for dogfish and also the area between a line due
                west of the Mull of Oa (Islay) and a line due west of Ard an Runair.
                                                         ANNEX III
           The following details are to be entered in the log bock after each haul :
           1 . The quantity (in kg) of each species caught ;
           2. The date and the time of the haul ;
           3 . The geographical position in which the catches were made ;
           4. The fishing method used.
 ---pagebreak--- No L 51 / 6                        Official Journal of the European Communities                                      1 . 3 . 79
                                                        ANNEX IV
            The information to be transmitted to the Commission and the timetable for its transmission are
            as follows :
            1.1 . On each occasion the vessel enters the 200 nautical mile fishing zone off the coasts of the
                  Member States of the Community which is covered by Community rules on fisheries :
                  (a) the information specified under point 1.4 below ;
                  (b) the quantity (in kg) of each species of fish in the hold ;
                  (c) when and where fishing is to commence.
            1.2. On each occasion the vessel leaves the 200 nautical mile fishing zone off the coasts of the
                  Member States of the Community which is covered by Community rules on fisheries :
                  (a) the information specified under point 1.4 below ;
                  (b) the quantity (in kg) of each species of fish in the hold ;
                  (c) the quantity (in kg) of each species caught since the previous transmission ;
                  (d) the ICES division or ICNAF zone in which the catches were taken ;
                  (e) the quantity (in kg) of each species transferred to other vessels since the vessel entered the
                       Community fishing zone and the identification of the vessel to which the transfer was
                       made ;
                  (f) the quantity (in kg) of each species landed in a port of the Community since the vessel
                       entered the Community fishing zone.
            1.3. At weekly intervals, commencing on the seventh day after the vessel first enters the fishing
                  zone of the Member States :
                  (a) the information specified under point 1.4 below ;
                  (b) the quantity (in kg) of each species caught since the previous transmission ;
                  (c) the ICES division or ICNAF zone in which the catches were made.
            1.4. (a) The name, call sign, identification numbers and letters 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 ;
                  (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 Euro­
                  pean Communities in Brussels (telex address 21877 COMEU) 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
                  Blåvand                                                     OXB
                  Norddeich                                                   DAF DAK
                                                                              DAH DAL
                                                                              DAI DAM
                                                                              DAJ DAN
                  Scheveningen                                                PCH
                  Oostende                                                    OST
                   North Foreland                                             GNF
                   Humber                                                     GKZ
                   Cullercoats                                                GCC
                  Wick                                                        GKR
 ---pagebreak--- 1 . 3 . 79                          Official Journal of the European Communities                                 No L 51 /7
               Name of radio station                                          Call sign of radio station
               Oban                                                           GNE
               Portpatrick                                                    GPK
               Anglesey                                                       GLV
               Ilfracombe                                                     GIL
               Niton                                                          GNI
               Stonehaven                                                     GND
               Portshead                                                      GKA
                                                                              GKB
                                                                              GKC
               Land's End                                                     GLD
               Valentia                                                       EJK
               Malin Head                                                     EJM
               Boulogne                                                       FFB
               Brest                                                          FFU
               Saint-Nazaire                                                  FFO
               Bordeaux-Arcachon                                              FFC
               Prins Christians Sund                                          OZN
               Julianehåb                                                     OXF
               Godthåb                                                        OXI         Central Godthåb
               Holsteinsborg                                                  OYS
               Godhavn                                                        OZM
               Velferdsstasjon Færingerhamn                                   22239
               Bergen                                                         LGN
               Farsund                                                        LGZ
               Flora                                                          LGL
               Rogaland                                                       LGQ
               Tjøme                                                          LGT
               Alesund                                                        LGA
           4 . Form of communications .
               Transmission of the information specified under point 1 shall take the form of messages preceded
               by the words 'Pêcheur Brussels' and the information elements shall be given in the following
               order :
               — the code 'Pêcheur Brussels ;
               — 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 the Community zone : ' IN',
                    — message — when leaving the Community zone : 'OUT',
                    — weekly message : 'WKL' ;
               —    the geographical position j
               —    the ICES division or ICNAF zone in which fishing is expected to commence ;
               —    the date on which fishing is expected to commence ;
               —    the quantity (in kg) of each species of fish in the hold using the code mentioned in point 5
                    below ;
               — the quantity (in kg) of each species caught since the previous transmission using the code
                    mentioned in point 5 below ;
               — the ICES division or ICNAF zone in which the catches were made ;
               — the quantity (in kg) of each species transferred to other vessels since the previous transmis­
                    sion ;
               — the name and call sign of the vessel to which the transfer was made ;
               — the quantity (in kg) of each species landed in a port of the Community since the previous
                    transmission ;
               — name of the master.
           5 . The code to be used to indicate the quantities of fish on board as mentioned in point 4 above :
                — A : Deep-water prawn (Pandalus borealis),
                — B : Hake (Merluccius merluccius),
                — C : Greenland halibut (Reinhardtius hippoglossoides),
 ---pagebreak--- No L 51 /8                          Official Journal of the European Communities                              1 . 3 . 79
               —   D:  Cod (Gadus morhua),
               —   E : Haddock (Melanogrammus aeglefinus),
               —   F : Halibut (Hippoglossus hippoglossus),
               —  G:   Mackerel (Scomber scombrus),
               —   H:  Horse mackerel (Trachurus trachurus),
               —   I : Round-nose grenadier (Coryphaenoides rupestris),
               —  J :  Saithe (Pollachius virens),
               —  K:   Whiting (Merlangius merlangus),
               —  L :  Herring (Clupea harengus),
               —  M:   Sandeel (Ammodytes sp.),
               —  N:   Sprat (Clupea sprattus),
               —  O:   Plaice (Pleuronectes platessa),
               —  P :  Norway pout (Trisopterus esmarkii),
               —  Q:   Ling (Molva molva),
               — R : Other,
               — S : Shrimp (Penaeidae),
               — T : Anchovy (Engraulis encrasicolus).
                                                       ANNEX V
           The following details are to be entered in the log-book after each haul :
           (a) the present position of the vessel ;
           (b) the quantity (in kg) of each species caught ;
           (c) the quantity (in kg) of the catch returned to the sea ;
           (d) the date and time of the beginning and end of the fishing operation ;
           (e) the ICES division or ICNAF zone and, for prawn fishing, the sub-zone given in Annex I in
               which the catch has been made ;
           (f) gear used ;
           (g) total of each species caught since entry into the zone.
           In addition, the contents of each transmission in accordance with Annex VI shall be entered in the
           log-book.
 ---pagebreak--- 1 . 3 . 79                            Official Journal of the European Communities                                    No L 51 /9
                                                            ANNEX VI
           The information to be transmitted to the Commission and the timetable for its transmission are as
            follows :
            1.1 . On each occasion the vessel enters that part of ICES division XIV which is covered by Commu­
                    nity rules on fisheries, or ICNAF zones 0 + 1 :
                   (a) Name of the vessel ;
                   (b) Licence number ;
                   (c) Identification number marked on the side of the vessel ;
                   (d) Name of the captain ;
                   (e) Radio call sign of the vessel ;
                   (f) The quantity (in kg, round weight) of each species of fish in the hold ;
                   (g) Planned activity including when and where fishing is to take place .
            1.2. At weekly intervals, commencing on the seventh day after the vessel first enters the zone defined
                   in point 1.1 :
                  (a) Name of the vessel ;
                  (b) Licence number ;
                  (c) Identification marked on the side of the vessel ;
                  (d) The present position of the vessel ;
                  (e) Radio call sign of the vessel ;
                  (f) The period covered by the report ;
                  (g) Nominal catch (round weight) in the period for all species caught, specified by ICES division
                        or ICNAF zone and, for prawn fishing, by the sub-zones given in Annex I ;
                  (h) Discards (round weight) specified by species ;
                  (i) Transfers at sea : species, quantities (with specification of round weight or product weight)
                        and the vessel to which it has been transferred ;
                  (j) Date of the report ;
                  (k) Name of the captain .
           1.3 . On each occasion the vessel leaves the zone defined in point 1.1 , notice should be given at least
                  48 hours before leaving the said zone.
                  Before leaving the zone a final report corresponding to the one mentioned under 1.2 must be
                  given . This report must specify the total catches of the vessel by species and by ICES division or
                  ICNAF zone and, for prawn fishing, by the sub-zones given in Annex I.
           2.1 . The information specified under point 1 shall be transmitted to the Commission of the Euro­
                  pean Communities in Brussels (telex address 21877 COMEU) 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
                  Prins Christians Sund                                          OZN
                  Julianehåb                                                     OXF
                  Godthåb                                                        OXI         Central Godthåb
                  Holsteinsborg                                                  OYS
                  Godhavn                                                        OZM
           4.     Form of communication .
                  Transmission of the information specified under point 1 shall be given in the order specified
                  under points 1.1 and 1.2.