CELEX: 51996PC0670
Language: en
Date: 1996-12-12
Title: Proposal for a COUNCIL REGULATION (EC) laying down, for 1997, certain measures for the conservation and management of fishery resources applicable to vessels flying the flag of the Faroe Islands

COMMISSION OF THE EUROPEAN COMMUNITIES
                                              Brussels, 12.12.1996
                                              COM(96) 670 final
                              Proposal for a
                     COUNCIL REGULATION .(hC'J
aving down, for 1997. certain measures for the conservation and management
o( fiMict) resources applicable to vessels flying the flag of the Faroe Islands
                     (presented by the Commission)
 ---pagebreak---  ---pagebreak---                           EXPLANATORY MEMORANDUM
The consultations between the Community and the Faroe Islands, held in Brussels on
22 October 1996, resulted in an agreement on reciprocal fisheries arrangements for 1997.
These arrangements imply, inter alia, certain catch quotas for Faroese vessels in Community
waters.
The purpose of this proposal for a regulation is to authorize Faroese vessels to fish, as from
1 January 1997, the quotas allocated to them in Community fishing waters for 1997, in
accordance with the above mentioned arrangements.
                                                   z
 ---pagebreak---                                           Proposal for a
                       COUNCIL REGULATION (EC) No                     /96
                                      of .... December 1996
      laying down, for 1997, certain measures for the conservation and management
        of fishery resources applicable to vessels flying the flag of the Faroe Islands
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 3760/92 of 20 December 1992 establishing
a Community system for fisheries and aquaculture(1), as amended by the Act of Accession of
Austria, Finland and Sweden, and in particular Article 8 (4) thereof,
Having regard to the proposal from the Commission,
Whereas, in accordance with the procedure provided for in Article 2 of the Agreement on
fisheries between the European Economic Community, of the one part, and the Government
of Denmark and the Home Government of the Faroe Islands, of the other part(2), the
Community and the Home Government of the Faroe Islands have held consultations
concerning their mutual fishing rights for 1997;
Whereas, in the course of these consultations, the delegations agreed to recommend to their
respective authorities that certain catch quotas for 1997 should be fixed for the vessels of the
other party;
Whereas measures should be taken to implement the results of these consultations between
the Community and the Faroe Islands and thus prevent any interruption of mutual fisheries
relations as at 31 December 1996;
Whereas the fishing activities covered by this Regulation are subject to the relevant control
measures provided for by Council Regulation (EEC) No 2847/93 of 12 October 1993
establishing a control system applicable to the common fisheries policy(3);
(1)
         OJNoL389, 31.12.1992, p. 1.
 (2)
         OJNo L 226, 29.8.1980, p. 11.
 (3)
         OJ No L261, 20.10.1993, p. 1.
 ---pagebreak--- Whereas Article 3 (2) of Commission Regulation (EEC) No 1381/87 of 20 May 1987
establishing detailed rules concerning the marking and documentation of fishing vessels(4)
provides that all vessels with chilled or refrigerated sea-water tanks are to keep on board a
document certified by a competent authority and specifying the calibration of the tanks in
cubic metres at 10-centimetre intervals,
HAS ADOPTED THIS REGULATION:
                                           Article 1
1.      Vessels registered in the Faroe Islands are hereby authorized, from 1 January to
        31 December 1997, 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 North Sea, Skagerrak,
        Kattegat, the Baltic Sea and the Atlantic Ocean north of 43°00'N.
2.      Fishing authorized under paragraph 1 shall be limited, except in the Skagerrak, 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 species for which no quota
        has been fixed in a given zone shall be permitted within the limits laid down by 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 shall keep a log book in which the information set out in Annex II shall
        be entered.
 3.     The vessels shall transmit to the Commission, in accordance with the rules laid down
         in Annex III, the information set out in that Annex.
(4)
        OJNoL 132, 21.5.1987, p. 9.
 ---pagebreak--- 4. Those vessels 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 must be clearly marked on the bow
   of each vessel on both sides
                                        Article 3
1. Fishing shall be permitted only where a licence and a special fishing permit issued by
   the Commission on behalf of the Community and in compliance with the conditions
   set out in Annexes II and III.
2. Licences and special fishing permits shall be issued for the purposes of paragraph 1
   provided that the number of licences and special fishing permits valid on any one day
   does not exceed:
   (a)     14 for the fishing of mackerel in ICES divisions Via (north of 56°30'N), Vile,
           f and h, sprat in ICES sub-area IV and division Via (north of 56°30'N),
           horse-mackerel in ICES sub-area IV and divisions Via (north of 56°30'N),
           Vile, f and h and herring in ICES division Via (north of 56°30'N); 4 for the
           fishing of herring in ICES division Ilia N (Skagerrak);
   (b)     15 for the fishing of Norway pout in ICES sub-area IV and division Via (north
           of 56°30'N) and sand-eel in ICES sub-area IV;
   (c)     20 for the fishing, by long line, of ling, tusk and blue ling in ICES divisions
           Via (north of 56°30'N) and VIb; however, the total number of vessels allowed
           to fish simultaneously shall not exceed 10;
   (d)     16 for the fishing, by trawl, of blue ling in ICES divisions Via (north of
           56°30'N) and VIb;
   (e)     20 for the fishing of blue whiting in ICES sub-area VII (west of 12°00'W) and
           ICES divisions Via (north of 56°30'N) and VIb;
   (f)     3 for the fishing, by long-line, of porbeagle in the whole Community zone
           with the exception of NAFO 3PS.
3. When an application for a licence and a special fishing permit is submitted to the
   Commission, the following information must be supplied:
   (a)     name of the vessel;
   (b)     registration number;                   *.
   (c)     external identification letters and numbers;
   (d)     port of registration;
 ---pagebreak---        (e)     name and address of the owner or charterer;
       (0      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 and a special fishing permit is requested.
4.     Each licence and special fishing permit 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 and special fishing permit.
5.     Licences and special fishing permits may be cancelled with a view to the issue of new
        licences and special fishing permits. Such cancellations shall take effect on the day
       before the date of issue of the new licences and special fishing permits by the
        Commission. New licences and special fishing permits shall take effect from their date
       of issue.
6.      Licences and special fishing permits shall be wholly or partially withdrawn before the
        date of expiry if the respective quotas, fixed in Article 1, have been exhausted.
7.      Licences and special fishing permits 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 and special fishing permit shall be
        issued for any vessel in respect of which the obligations laid down in this Regulation
        have not been met.
9.      The Commission shall submit, on behalf of the Community, to the Faroe Islands, the
        names and characteristics of the Faroese vessels which will not be authorized to fish
        in the Community's fishing zone during the next month(s) as a consequence of an
        infringement of Community rules.
                                            Article 4
Fishing in the Skagerrak shall be subject to the following conditions:
 1.     direct fishing for herring for purposes other than human consumption shall be
        prohibited;
2.      the use of trawls and purse seines for the capture of pelagic species shall be prohibited
        from Saturday midnight to Sunday midnight.
 ---pagebreak---                                             Article 5
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 question are submitted
to and approved by the Commission on behalf of the Community.
                                             Article 6
This Regulation shall enter into force on 1 January 1997.
       This Regulation shall be binding in its entirety and directly applicable in all Member
       States.
        Done at Brussels, .... December 1996.
                                                                                 For the Council
                                                                                   The President
                                                  \
 ---pagebreak---                                                 ANNEX I
                                   Faroese catch quotas for 1997
1.     Quotas for Faroese vessels fishing in Community fishing waters
              „     .                           Fishing zone: ICES                          Quantity
                P
                                                  sub-area/division                          (tonnes)
      Ling, tusk, blue ling                           VIa(1), VIb                              800     (4)(5)
             Blue ling                                VIa(,), VIb                              940        (6)
             Mackerel                              VIa(1), Vile, f, h                       3,930         (7)
              Herring                                     VIa(1)                               660
          Horse mackerel                        IV, VIa(1), Vile, f, h                      7,000
            Norway pout                                IV, VIa{1)
                Sprat                                  IV, VIa(1)                    1
                                                                                                          (8)
               Sandeel                                      IV                        J   20,000
            Blue whiting                           VIa(1), VIb, VII(2)                    62,000           (9)
         Other white fish                              IV, VIa(1)                              400
         (by-catches only)
               Herring                           Ilia N (Skagerrak)(3)                         500
                                                                                                           (4)
             Porbeagle                         Entire Community zone                           125
                                       I          except NAFO 3PS                                              |
(i)
    North of 56°30'N.
(2)
    West of 12°00'W.
(3)
    Limited in the west by a line drawn from the lighthouse of Hanstholm to the lighthouse of Lindesnes and
    in the south by line drawn from the lighthouse of Skagen to the lighthouse of Tistlama and from there to
    the nearest coast of Sweden.
(4)
    To be fished by long-line.
(5)
    Of which an incidental catch of other species of 20% per ship, at any moment, is authorized in ICES
    divisions Via and b. However, this percentage may be exceeded in the first 24 hours following the
    beginning of the fishing on a specific ground. The total incidental catch of other species in Via and b may
    not exceed 75 tonnes.
    To be fished by trawl; by-catches of roundnose grenadier and black scabbard to be counted against this
    quota.
    Of which 1,000 tonnes may be fished from 1 October to 31 December 1997 in Community waters of ICES
    division IVa.
(8)
    The overall quota (including for Norway pout and sandeel, unavoidable by-catches of blue whiting)
    includes a maximum of 2,000 tonnes of sprat. A maximum of 6,000 tonnes of Norway pout may be fished
    in ICES division Via north of 56°30'N subject to the provision on request by the Community of details
    of the quantity and composition of any by-catch taken.
(9)
    Unavoidable by-catches of Argentine to be counted against this quota.
                                                      %
 ---pagebreak--- 2. Quotas for Faroese vessels fishing in Greenland waters according to Article 1 (3) of
    the EEC/Greenland Fisheries Protocol(1) (shown for information only)
                                             Fishing zones:           0       .
                Species                    ICES division or            ,.       ;
                                            Krim      u                 (tonnes)
                                            NAFO sub-area
      Northern deep-water prawns                 XIV/V                    1,150
          (Pandalus borealis)
           Greenland halibut                   NAFO 0/1                    150
                                                 XIV/V                     150
                Redfish                          XIV/V                     500
                Capelin                          XIV/V                   10,000
(i)
     OJNoC287, 15.10.1994, p. 11
                                           S
 ---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) of each species transhipped;
    2.3.  the name, external identification ietters 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.
                                                io
 ---pagebreak---                                         ANNEX III
1.    The information to be transmitted to the Commission of the European Communities
      and the timetable for its transmission are as follows:
1.1.  On each occasion the vessel enters the 200-nautical-mile zone off the coasts of the
      Member States of the Community which is covered by Community rules on fisheries:
      (a) the information specified under 1.5;
      (b) the quantity (in kilograms 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 zones referred
      to under 1.1 on a given day, one communication shall suffice on first entry.
1.2.  On each occasion the vessel leaves the zone referred to under 1.1:
      (a) the information specified under 1.5;
      (b) the quantity (in kilograms live-weight) of each species of fish in the hold;
      (c) the quantity (in kilograms live-weight) of each species caught since the previous
            transmission;
      (d) the ICES division in which the catches were taken;
      (e) the quantity (in kilograms live-weight) of each species transferred to and/or from
            other vessels since the vessel entered the zone and the identification of the vessel
            to which the transfer was made;
      (0 the quantity (in kilograms live-weight) of each species landed in a port of the
            Community since the vessel entered the zone.
      Where the fishing operations necessitate more than one entry into the zones referred
       to under 1.1 on a given day, one single communication on the last exit will be
       sufficient.
 1.3.  At three-day intervals, commencing on the third day after the vessel first enters the
       zones referred to under 1.1 when fishing for herring and mackerel, and at weekly
       intervals, commencing on the seventh day after the vessel first enters the 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 serial number of the message for the voyage concerned;
       (c) identification of the type of message;
        (d) the date, the time and the geographical position of the vessel.
                                               l\
 ---pagebreak--- 2.1. The information specified under point 1 shall be transmitted to the Commission of
     the European Communities in Brussels (telex 24189 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
     Blâvand                       OXB
     Renne                         OYE
      Norddeich                    DAF DAK
                                   DAHDAL
                                   DAI DAM
                                   DAJ DAN
      Scheveningen                 PCH
      Oostende                     OST
      North Foreland               GNF
      Humber                       GKZ
      Cullercoats                  GCC
      Wick                         GKR
      Portpatrick                  GPK
      Anglesey                     GLV
      Ilfracombe                   GIL
      Niton                        GNI
      Stonehaven                   GND
      Portishead                   GKA
                                   GKB
                                   GKC
      Land's End                   GLD
      Valentia                     EJK
      Malin Head                   EJM
      Boulogne                     FFB
      Brest                        FFU
      Saint-Nazaire                FFO
      Bordeaux-Arcachon            FFC
      Torshavn                     OXJ
      Bergen                       LGN
      Farsund                      LGZ
      Flora                        LGL
      Rogaland                     LGQ
      Tj0me                        LGT
      Âlesund                      LGA
                                             12.
 ---pagebreak--- \.  Form of the communications
    The information specified under point 1 shall contain the following particulars, which
    shall be given in the following order:
        name of vessel;
        call sign;
        external identification letters and numbers;
         serial number of the message for the voyage in question;
         indication of the type of message according to the following code:
              message when entering one of the zones referred to under 1.1: "IN",
               message when leaving one of the zones referred to under 1.1: "OUT",
               message when moving from one ICES division to another: "ICES",
               weekly message: "WKL",
               three-day message: "2 WKL";
         the date, the time and the geographical position;
         the ICES divisions/sub-areas in which fishing is expected to commence;
         the date on which fishing is expected to commence;
         the quantity (in kilograms live-weight) of each species of fish in the hold using
         the code mentioned in point 5;
         the quantity (in kilograms live-weight) of each species of fish caught since the
         previous transmission using the code mentioned in point 5;
         the ICES divisions/sub-areas in which the catches were made;
         the quantity (in kilograms live-weight) of each species transferred to and/or from
         other vessels since the previous transmission;
          the name and call sign of the vessel to and/or from which the transfer was made;
          the quantity (in kilograms live-weight) of each species landed in a port of the
          Community since the previous transmission;
          the name of the master.
 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 hippoglossoides),
     COD - Cod (Gadus morhua),
     HAD - Haddock (Melanogrammus aeglefinus),
     HAL - Halibut {Hippoglossus hippoglossus),
     MAC - Mackerel (Scomber scombrus),
     HOM - Horse-mackerel (Trachurus trachurus),
     RNG - Roundnose 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 molvd),
                                             \%
 ---pagebreak--- PEZ - Shrimp (Panaeidae),
ANE - Anchovy (Engraulis encraslcholus),
RED - Redfish (Sebastes spp.),
PLA - American plaice (Hippoglossoides platessoides),
SQX - Squid (IIlex spp.),
YEL - Yellowtail flounder (Limanda ferruginea),
WHB - Blue whiting (Micromesistius poutassou),
TUN - Tuna (Thunnidae),
BLI - Blue ling (Molva dypterygia),
USK - Tusk (Brosme brosme),
DGS - Dogfish (Squalus acanthias),
BSK - Basking shark (Cetorinhus maximus),
POR - Porbeagle (Lamma nasus),
SQC - Common squid (Loligo spp.),
POA - Atlantic pomfret (Brama brama),
PIL - Sardine (Sardina pilchardus),
CSH - Common shrimp (Crangon crangon),
LEZ - Megrim (Lepidorhombus spp.),
MNZ - Angler/Monk (Lophius spp.),
NEP - Norway lobster (Nephrops norvegicus),
POL - Pollack (Pollachius pollachius),
ARG - Argentine (Argentina sphyraena),
OTH - Other.
                                      ,L
                                         t
 ---pagebreak---                                                                   ISSN 0254-1475
                                                           COM(96) 670 final
                                             DOCUMENTS
EN                                                                  03 11 15
                                    Catalogue number : CB-CO-96-682-EN-C
                                                             ISBN 92-78-13430-9
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