CELEX: 51993PC0482(01)
Language: en
Date: 1993-10-08
Title: Proposal for a COUNCIL REGULATION (EEC) laying down for 1993 certain measures for the conservation and management of fishery resources applicable to vessels flying the flag of Estonia

COMVIISSION OF THE EUROPEAN CŒVMUNITIES
                                                                       COM(93) 482 final
                                                                       Brussels,  8 October 1993
                   ;|fe;
                                                         Proposal for a
                                                   COUNCIL REGULATION (EEC)
                           laying down for 1993 certain measures for the conservation and management
                             of fishery resources applicable to vessels flying the flag of Estonia
                                                        Proposal for a
                                                  COUNCIL REGULATION (FFCÏ
                                   allocating, for 1993, catch quotas between Member States
                                            for vessels fishing in Estonian waters
                                                 (presented by the Commission)
MtrfV'" "l*'j • '*
 ---pagebreak---                         EXPLANATORY MEMORANDUM
In accordance with the framework fisheries agreement, consultations
were held between the Community and Estonia in Brussels on 15-16 July
1993, resulting in an agreement on reciprocal fisheries arrangements
for 1993, covering the fishing rights of each party in the zone of the
other.
The purpose of this proposal for a regulation is to authorise Estonian
vessels to fish the quotas allocated to them for 1993 in Community
waters, in accordance with the above mentioned reciprocal arrangements.
 ---pagebreak---                                            Proposal for a
                                     COUNCIL REGULATION (EEC)
       laying down for 1993 certain measures for the conservation and management
          of fishery resources applicable to vessels flying the flag of Estonia
 THE COUNCIL OF THE EUROPEAN COMMUNITIES,
 Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation               (EEC) No 3760/92 of 20 December 1992
establishing a Community system for                fisheries and aquaculture(1), and in
particular Article 8 thereof,
Having regard to the proposal from the Commission,
Whereas, in accordance with the procedure provided for in the Fisheries
Agreement between the European Economic Community and the Government of
E s t o n i a ^ ) , and in particular Articles 3 and 6 thereof, the Community and
Estonia have held consultations concerning their mutual fishing rights for 1993
and the management of common biological resources;
Whereas, in the course? of these consultations, the delegations agreed to
recommend to their respective authorities that certain catch quotas for 1993
should be fixed for the vessels of the other Party;
Whereas the necessary measures should be taken to implement, for 1993, the
results of the consultations held between the delegations of the Community and
Estonia;
Whereas the fishing activities covered by this Regulation are subject to the
control measures provided for by Council Regulation No 2241/87 of 23 July 1987
establishing certain control measures for fishing a c t i v i t i e s ^ ) , as amended
by Regulation (EEC) No 3 4 8 3 / 8 8 < 4 ) ;
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
v e s s e l s ^ ' provides that all vessels with chilled or refrigerated sea-water
tanks are to keep on board a document certified by a competent authority and
specifying the calibration of the tanks in cubic metres at 10-centimetre
intervals ;
(!)      OJ No     L  389, 31.12.1992, p.  1.
(2) OJ No          L   56, 09.03.1993, p.  1.
(3) OJ No           L  207, 29.07.1987, p.  1.
(4) OJ No           L  306, 11.11.1988, p.  2.
(5) OJ No           L  132, 21.05.1987, p.  2.
 ---pagebreak--- HAS ADOPTED THIS REGULATION:
                                    Article 1
1.    Vessels flying the flag of Estonia are hereby authorised until 31 December
1993 to fish for the species listed in Annex I, within the geographical and
quantitative limits laid down therein and in accordance with this Regulation,
in the 200-nautical-mile fishing zone of the Member States in the Baltic Sea.
2.    Fishing authorised under paragraph 1 shall be limited to those parts of
the 200-nautical-mile fishing zone lying seawards of 12-nautical-miles from the
baselines from which the fishing zones of Member States are measured.
3.    Notwithstanding paragraph 1, unavoidable by-catches of a species for which
no quota is established in a zone shall be permitted within the limits fixed in
the conservation measures in force in the zone concerned.
4.    By-catches in a given zone of a species for which a quota is established
in that zone shall be counted against the quota concerned.
                                    Article 2
1.    Vessels fishing within the quotas fixed in Article 1 shall comply with the
conservation and control measures and all other provisions governing fishing in
the zones referred to in that Article.
2.    The vessels referred to in paragraph 1 shall keep a log-book in which the
 information set out in Annex II shall be entered.
 3.   The vessels referred to in paragraph 1 shall transmit to the Commission,
 in accordance with the rules laid down in Annex III, the information set out in
 that Annex.
 4.   Those vessels referred to in paragraph         1 which have chilled or
 refrigerated sea-water tanks shall keep on board a document certified by a
 competent authority and specifying the calibration of the tanks in cubic metres
 at 10-centimetre intervals.
 5.   The registration letters and numbers of the vessels referred to          in
paragraph 1 must be clearly marked on the bow of each vessel on both sides.
                                    Article 3
1.    Fishing within ICES sub-area III division d under the quotas fixed in
Article 1 shall be permitted only where a licence has been issued by the
Commission on behalf of the Community at the request of the Estonian
authorities and in compliance with the conditions set out in Annexes II and
III. Copies of these Annexes and the licence shall be kept on board of each
vessel.
The vessels to be licensed for fishing in the Community zone during a given
month will be notified at the latest by the tenth day of the preceding month.
The Community Bhall procens expeditiously requests for adjustments to a monthly
list during its currency.
 ---pagebreak---  2.    Licences shall be issued for the purposes of paragraph 1 provided that the
 number of licences valid at any time during a given month does not exceed:
       20 for the fishing of cod;
       20 for the fishing of herring and sprat.
 3.   When an application for a licence is submitted to the Commission, the
 following information must be supplied:
 (a   name of vessel;
 (b   registration number;
 (c   external identification letters and numbers;
 (d   port of registration;
(e    name and address of the owner or charterer;
(f    gross tonnage and overall length;
(g    engine power;
(h    call sign and radio frequency;
(i    intended method of fishing;
(J    intended area of fishing;
(k    species for which it is intended to fish;
(1    period for which a licence is requested.
4.    Each licence shall be valid for one vessel only. Where two or more
vessels are taking part in the same fishing operation, each vessel must be in
possession of a licence.
5.    Licences may be cancelled with a view to the issue of new licences. Such
cancellations shall take effect on the day before the date of issue of the new
licences by the Commission. New licences shall take effect from their date of
issue.
6.    Licences shall be wholly or partially withdrawn before the date of expiry
if the respective quotas fixed in Article 1 have been exhausted.
7.    Licences shall be withdrawn in the event      of any  failure to meet   the
obligations laid down in this Regulation.
8.    For a period not exceeding 12 months, no licence shall be issued for any
vessel in respect of which the obligations laid down in this Regulation have
not been met.
9.    Vessels authorised to fish on 31 December may continue fishing as from the
beginning of next year until the lists of vessels permitted to fish during the
year in question are submitted to and approved by the Commission on behalf of
the Community.
                                          f
 ---pagebreak---                                    Article 4
Where an infringement is duly found to have taken place, the Member States
shall without delay inform the Commission of the name of the vessel concerned
and of any action they have taken.
The Commission shall submit, on behalf of the Community, to Estonia the names
and characteristics of the Estonian vessels which will not be authorised to
fish in the Community's fishing zone for the next month(s) as a consequence of
an infringement of Community rules.
                                    Article 5
This Regulation shall enter into force on the date of its publication in the
Official Journal of the EC.
This Regulation shall be binding in its entirety and directly applicable in all
Member States.
Done at Brussels,
                                              For the Council
                                               The President
                                         ^
 ---pagebreak---                     ANNEX I
        Estonian catch quotas for 1993
Species       Area within which        Quantity
            fishing is authorised      (Tonnes)
Cod              ICES III d               200
Herring          ICES III d              2000
Sprat            ICES III d              2000
                      to
 ---pagebreak---                                     ANNEX II
When fishing within the 200-nautical-mile zone off the coasts of the Member
States of the Community which is covered by Community rules on fisheries, the
following details are to be entered in the log-book immediately after the
following events:
1.   after each haul:
1.1.   the quantity (in kilograms live-weight) of each species caught;
1.2.   the date and the time of the haul;
1.3.   the geographical position in which the catches were made;
1.4.   the fishing method used.
2.   after each transhipment to or from another vessel:
2.1.   the indication 'received from* or 'transferred to';
2.2.   the quantity (in kilograms live-weight) or each species transhipped;
2.3.   the name, external identifications letters and numbers of the vessel to
       or from which the transhipment occurred.
3.   after each landing in a port of the Community:
3.1.   name of the port;
3.2.   the quantity (in kilograms live-weight) of each species landed.
4.   after each transmission of information to the Commission of the European
     Communities:
4.1.   date and time of the transmission;
4.2.   type of message: IN, OUT, ICES, WKL or 2 WKL;
4.3.   in the case of radio transmission: name of the radio station.
                                        f-
 ---pagebreak---                                      ANNEX III
1.   The information to be transmitted to the Commission     and  the  timetable
     for its transmission is as follows:
1.1. On each occasion the vessel enters the 200-nautical-mile zone off the
     coasts of the Member States of the Community which is covered by
     Community rules on fisheries:
     (a)  the i nf orm.'it ion specified under 1.5;
     (b)  the qwunt iLy (in kilocjramu live-weight) of each species of fish in
          the hold;
     (c)  the date and ICES division within which the master intends to
          commence fishing.
     Where the fishing operations necessitate more than one entry into the
     zone referred to under 1.1 on a given day, one communication shall
     suffice on first entry.
1.2. On each occasion the vessel leaves the zone referred to under 1.1:
     (a)  the information specified under 1.5;
     (b)  the quantity (in kilograms live-weight) of each species of fish in
          the hold;
     (c)  the quantity (in kilograms live-weight) of each species caught
          since the previous transmission;
     (d)  the ICES division in which the catches were taken;
     (e)  the quantity (in kilograms live-weight) of each species transferred
          to and/or from other vessels since the vessel entered the zone and
          the identification of the vessel to which the transfer was made;
     (f)  the quantity (in kilograms live-weight) of each species landed in a
          port of the Community since the vessel entered the zone.
     Where the fishing operations necessitate more than one entry into the
     zones referred to under 1.1 on any given day, one single communication
     on the last exit will be sufficient.
1.3. At three-day intervals, commencing on the third day after the vessel
     first enters the zone referred to under 1.1 when fishing for herring,
     and at weekly intervals, commencing on the seventh day after the vessel
     first enters the zone referred to under 1.1 when fishing for all species
     other than herring:
     (a)  the information specified under 1.5;
     (b)  the quantity (in kilograms live-weight) of each        species  caught
          since the previous transmission;
     (c)  the ICES division in which the catches were made.
1.4  On each occasion the vessel moves from one ICES division to another:
     (a)  the information specified under 1.5;
     (b)  the quantity (in kilograms live-weight) of each species         caught
          since the previous transmission;
     (c)  the ICES division in which the catches have been taken.
                                      S
 ---pagebreak--- 1.5. (a)   the name, call sign, external identification letters and numbers of
           the vessel and the name of its master;
     (b)   the licence number if the vessel is under licence;
     (c)   the serial number of the message for the voyage concerned;
     (d)   identification of the type of message;
     (e)   the? date, the time and the geographical position of the vessel.
2.1. The information specified under point 1 shall be transmitted to the
     Commission of the European Communities in Brussels (telex 24 189 FISEU-
     B) via one of the radio stations listed under point 3 below and in the
     form specified under point 4.
2.2. If it is impossible for reasons of force majeure for the message to be
     transmitted by the vessel, it may be transmitted on the vessel's behalf
     by another vessel.
3.   Name of radio station                   Call sign of radio station
     Skagen                                  OXP
     Blavand                                 OXB
     Norddeich                               DAF DAK
                                             DAH DAL
                                             DAI DAM
                                             DAJ DAN
     Scheveningen                            PCH
     Oostende                                OST
     North Foreland                          GNF
     Humber                                  GKZ
     Cullercoats                             GCC
     Wick                                    GKR
     Portpatrick                             GPK
     Anglesey                                GLV
     I Ifracomhc                              GIL
     Niton                                   GNI
     Stonehaven                              GND
     Portishead                              GKA
                                             GKB
                                             GKC
     Land's End                              GLD
     Valentia                                EJK
     Malin Head                              EJM
     Boulogne                                FFB
     Brest                                   FFU
     Saint-Nazaire                           FFO
     Bordeaux-Arcachon                       FFC
     Stockholm                               SOJ
     Goteborg                                SOG
     Ronne                                   OYE
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;
 ---pagebreak---        serial number of the message for the voyage in question;
   -    indication of the type of message according to the following code:
           message when entering one of the zones referred to under 1.1: 'IN'
       - message when leaving one of the zones referred to under 1.1: 'OUT'
       - message when moving from one ICES division to another: 'ICES'
       - weekly message: 'WKL*
       - three-day message: '2 WKL'
   -   the date, the time and the geographical position;
   -   the ICES divisions/sub-areas in which fishing is expected to
       commence;
   -   the date on which fishing is expected to commence;
   -   the quantity (in kilograms live-weight) of each species of fish in
       the hold using the code mentioned in point 5;
   -   the quantity (in kilograms live-weight) of each species of fish
       caught since the previous transmission using the code mentioned in
       point 5;
   -   the ICES division/sub-areas in which the catches were made;
   -   the quantity (in kilograms live-weight) of each species transferred
       to and/or from other vessels since the previous transmission;
   -   the name and call sign of the vessel to and/or from which the
       transfer was made;
   -   the quantity (in kilograms live-weight) of each species landed in a
       port of the Community since the previous transmission;
   -   the name of the master.
5. The code to be used to indicate the species on board as mentioned in
   point 4 above:
   COD   -   Cod (Gadu morhua),
   SAL   -   Salmon (Salmo Salar),
   HER   -   Herring (Clupea harengus),
   SPR   -   Sprat (Sprattus sprattus).
                                   [O
 ---pagebreak---                          EXPLANATORY MEMORANDUM
Consultations between the Community and Estonia, held in Brussels on
15-16 July 1993, have resulted in an agreement defining reciprocal
fisheries arrangements for 1993. These arrangements provide, inter
alia, for certain catch quotas for Community vessels in the Estonian
fishing zone.
The purpose of this proposal for a regulation is to allocate among the
Member States the quotas available in 1993 to Community vessels fishing
in the Estonian zone under the above mentioned arrangements.
The proposed allocation among Member States of quotas for herring,
sprat and salmon has been based on the key used for allocations outside
Community waters in the Baltic Sea. The allocation for cod has been
based on the 1983 key used inside Community waters - giving a slightly
higher share to Germany - in order to take account of catches
previously made by the former German Democratic Republic in the ex-USSR
fishing zone in the Baltic Sea.
The proposal also provides for the payment of a financial contribution
of ECU 177,340 for training, as foreseen under article 7 of the
framework agreement, and a financial contribution of ECU 20,000 for the
promotion of the setting up of joint ventures, as foreseen under
article 8 of the framework agreement.
                               Il
 ---pagebreak---                                     Proposal for a
                              COUNCIL REGULATION (EEC)
              allocating, for 1993, catch quotas between Member States
                       for vessels fishing in Estonian waters
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation         (EEC) No 3760/92 of 20 December 1992
establishing a Community system for          fisheries and aquaculture(*), and in
particular Article 8 thereof,
Having regard to the proposal from the Commission,
Whereas, in accordance with the procedure provided                for in the Fisheries
Agreement between the European Economic Community and the Government of
Estonia(^), and in particular Articles 3 and 6 thereof, the Community and
Estonia have held consultations concerning their mutual fishing rights for 1993
and the management of common biological resources;
Whereas, in the course of these consultations, the delegations agreed to
recommend to their respective authorities that certain catch quotas for 1993
should be fixed for the vessels of the other Party;
Whereas the necessary measures should be taken to implement, for 1993, the
results of the consultations held between the delegations of the Community and
Estonia;
Whereas to ensure efficient management of the catch possibilities available,
they should be allocated among the Member States as quotas in accordance with
Article 8 of Regulation (EEC) No 3760/92;
Whereas the fishing activities covered by this Regulation are subject to the
relevant control measures provided for by Council Regulation (EEC) No 2241/87
of   23    July   1987   establishing    certain    control     measures  for  fishing
activities( 3 ), as amended by Regulation (EEC) No 3 4 8 3 / 8 8 < 4 ) ;
(!) OJ   No  L 389, 31.12.1992,  p.  1.
(2) OJ    No  L 56, 09.03.1993,   p.  1.
(3) OJ    No  L 207, 29.07.1987,  p.  1.
(4) OJ    No  L 306, 11.11.1988,  p.  2.
                                            U
 ---pagebreak--- HAS ADOPTED THIS REGULATION:
                                   Article 1
Vessels  flying the flag of a Member State are hereby authorised           until
31 December 1993 to make catches within the quota limits set out in the Annex
in waters falling within the fisheries jurisdiction of Estonia.
                                   Article 2
1.   The financial contribution provided for in Article 7 of the Agreement
shall be set for the period referred to in Article 1 at ECU 177,340, payable to
an account designated by Estonia.
2.   The financial contribution provided for in Article 8 of the Agreement
shall be set for the period referred to in Article 1 at ECU 20,000, payable to
an account designated by Estonia.
3.   The Estonian authorities shall inform the Community on the       way  these
amounts are used at the latest nine months after payment of same.
                                   Article 3
This Regulation shall enter into force on the date of    its publication  in the
Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all
Member States.
Done at Brussels,
                                             For the Council
                                              The President
                                         \
 ---pagebreak---                                ANNEX
Allocation of Community catch quotas in Estonian waters for 1993
               (in metric tonnes fresh round weight;
              for salmon: numbers of individual fish)
 Species      ICES Division       Community      Quotas allocated
                                 Catch Quotas    to Member States
 Cod              III d               100        Denmark    70
                                                 Germany    30
 Herring          III d              2000        Denmark  1140
                                                 Germany   860
 Salmon           III d              2000< 1 )   Denmark  1800(1)
                                                 Germany   200i1)
 Sprat            III d              2000        Denmark  1580
                                                 Germany   420
 (1)   Numbers of individual fish
                             '4-
 ---pagebreak--- /-> ---pagebreak---                                                                      ISSN 0254-1475
                                                              COM(93) 482 final
                                                       DOCUMENTS
EN                                                                         11 03
                                 Catalogue number : CB-CO-93-516-EN-C
                                                             ISBN 92-77-59688-0
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