CELEX: 51997PC0703
Language: en
Date: 1997-12-12
Title: Proposal for a Council Regulation (EC) laying down, for 1998, certain measures for the conservation and management of fishery resources applicable to vessels flying the flag of the Russian Federation

COMMISSION OF THE EUROPEAN COMMUNITIES
                                                       Brussels, 12.12.1997
                                                       COM(97) 703 final
                                     Proposal for a
                           COUNCIL REGULATION (EO
  laying down, for 1998, certain measures for the conservation and management of fishery
          resources applicable to vessels flying the flag of the Russian Federation
                            (presented by the Commission)
I
 ---pagebreak---  ---pagebreak---                         EXPLANATORY MEMORANDUM
In accordance with the Act of Accession of Austria, Finland and Sweden, the fisheries
agreements concluded by these countries with third countries shall be managed by the
Community.
On the basis of the bilateral Fisheries Agreement concluded between the Russian
Federation and Sweden in 1992, the Community, on behalf of Sweden, held consultations
with the Russian Federation which resulted in a reciprocal Fisheries Arrangement for
1998.
The purpose of this proposal for a regulation is to authorise Russian vessels to fish the
quotas allocated to them for 1998 in Community waters, in accordance with the above
mentioned reciprocal arrangements.
                                            -I
 ---pagebreak---                                            Proposal for a
                            COUNCIL REGULATION (EC) No                   /98
                                            of       1997
 laying down, for 1998, certain measures for the conservation and management of fishery
           resources applicable to vessels flying the flag of the Russian Federation
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 ', and in particular Article
8 (4) thereof,
1 laving regard to the proposal from the Commission,
Whereas, in accordance with Article 124 of the 1994 Act of Accession, fisheries
agreements concluded by the Kingdom of Sweden with third countries arc managed by
the Community;
Whereas, in accordance with the procedure provided for in Article 3 of the agreement on
fisheries ol* 1 1 December 1992 concluded between the (iovernment of the Kingdom o\'
Sweden and the Government of the Russian Federation, the Community, on behalf of the
Kingdom of Sweden, held consultations with the Russian federation concerning their
mutual fishing rights for 1998;
Whereas, in the course of these consultations, the delegations agreed to recommend to
their respective authorities that certain catch quotas for 1998 should be fixed for the
vessels of the other Party;
Whereas the necessary measures should be taken to implement, for 1998, the results of
the consultations held with the Russian Federation;
Whereas it is for the Council to lay down the specific conditions under which catches by
vessels Hying the flag of the Russian Federation must be taken;
Whereas the fishing activities covered by this Regulation are subject io the relevant
control measures provided for by Council Regulation (FFC) No 2847/9.1 o( 12 October
 1993 establishing a control system applicable to the common fisheries policy 2;
 Where;-- Article 3 (2) of Commission Regulation (1<1<C) No 1381/87 of 20 May 1987
esLa IL ling detailed rules concerning the marking and documentation of fishing vessels •*
provides that all vessels with chilled or refrigerated sea-water tanks are to keep on board
 1
       OJ No l, 389, 31.12.1992, p. 1 Regulation as amended by the 1994 Act of Accession.
       CXI No I. 261,20.10.1993, p. 1
 '     O J N o l , 132, 21.5.1987, p. 9
                                                      3
 ---pagebreak--- a document certified by a competent authority and indicating the calibration of the tanks
in cubic metres at 10-centimetre intervals;
Whereas, for imperative reasons of common interest, this Regulation will apply from 1
January 1998,
1 IAS ADOPTED THIS REGULATION:
                                         Article 1
1.    From 1 January to 31 December 1998, vessels flying the flag of the Russian
      Federation are hereby authorized 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 authorized 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 Hie 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.    Vessels 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 which have chilled or refrigerated sea-water tanks shall keep on
      board a document certified by a competent authority and indicating 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.
                                              Ç
 ---pagebreak---                                          Article 3
1. Vessels fishing for the species listed in Annex I must hold a licence and special
   fishing permit issued by the Commission on behalf of the Community and must
   observe the conditions as established by that licence and special fishing permit.
   The Russian authorities shall notify the Commission of the name and characteristics
   of the vessels for which licences and special fishing permits may be issued.
2. The Commission shall issue the licences and special fishing permits referred to in
   paragraph 1 to all vessels for which a licence and special fishing permit is required
   by the Russian authorities.
   Requests for amendments to the list of vessels issued with a licence and a special
   fishing permit may be made at any time and shall be processed expeditiously.
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 vessel;
   (b)    registration number;
   (c)    external kfentification letters and numbers;
   (d)    port of registration;
   (e)    name and address of the owner or charterer;
   (I)    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 are requested.
4. Licences-and special fishing permits shall be issued provided that the number oi~
   licences and special fishing permits valid at any time during a given month or year
   does not exceed the amounts mentioned in Annex I.
5. 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
   he in possession of a licence and special fishing permit.
6. Licences and special fishing permits may be cancelled with a view to the issue of
         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.
7. 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.
                                                 r
 ---pagebreak--- 8.    Licences and special fishing permits shall be withdrawn in the event of any failure
      to meet the obligations laid down in this Regulation.
9.    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.
10.   The Commission shall submit, on behalf of the Community, to the Russian
      authorities the names and characteristics of Russian vessels which will not be
      authorized to fish in the Community's fishing zone for the ensuring month(s) as a
      consequence of an infringement of Community rules.
                                          Article 4
Vessels authorized to fish on 31 December may continue fishing as from the beginning of
the following 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 5
This Regulation shall enter into force on the day following that of its publication in the
Official Journal of the European Communities. It shall apply from 1 January 1998.
       This Regulation shall be binding, in its entirety and directly applicable in all
       Member States.
       Done at Brussels,          1997
                                                                            For the Council
                                                                             The President
                                                    C
 ---pagebreak---                                            ANNEX I
                   Catch quotas to the Russian Federation for 1998
                                  Fishing zone of Sweden (1)
     Species              Area within which                                 Number of licences
                         fishing is authorised             (tonnes)
                                                                                    (2)
     Herring                   ICES Hid                      3,000               20
(1)
    Swedish waters south of 59°30' North in the Baltic Sea
(2)
    A maximum of five non fishing mother ships may ate# be used sHnuka»e©usly
                                                       7
 ---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 specie 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 caught;
2.3.   the name, external identification letters and numbers of the vessel to or from which
       the transhipment occurred;
2.4. transhipment of cod is not allowed.
3.     After each landing in a port of the Community:
3.1. name of the port;
3.2. the quantity (in kilograms live-weight) ol'each species landed.
4.     After each transmission of information, via the relevant Swedish Authorities, to the
       liuropean Commission:
4.1. dale and time of the transmission;
4.2. type of message: "IN", "OUT", or "TWO WIWKS";
4.3. in the case of radio transmission: name of the radio station.
                                                    <?
 ---pagebreak---                                          ANNEX HI
1.    The information to be transmitted to the Commission via the relevant Swedish
      Authorities 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 1.4.;
(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 1.4;
(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 oi the vessel to
      which the transfer was made;
      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
      shall suffice.
 1.3  At fourteen-day intervals, commencing on the fourteenth day after the vessel first
      enters the zone referred to under 1.1:
(a)   the information specified under 1.4;
(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.
(a)   The name, call sign, external identification letters and numbers of the vessel;
(b)   the licence number if the vessel is under licence;
 (c)   identification of the type of message (IN/OUT/TWO WEEKS);
 (d)  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 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 oi force majeure for the message to be transmitted by
       the vessel, it may be transmitted on the vessel's behalf by another vessel.
                                                   9
 ---pagebreak--- 3. N-ame @f radio wkaâkm                    Call sjgn of radio station :
   Stockholm                                SDJ
   Gryt                                     (ne cafi «g«n)
   Ma«riwÉi«i»tea                           OHM
   Hafewfci                                 OHG
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;
       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. i.: "01 IT",
       - two weeks message: "TWO WEEKS";
   -   the date, the time and the geographical position;
   -   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 livc-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.
5. 'fhe code to be used to indicate the species on board as mentioned in point 4 above:
   COD          -            Cod (Gadus morhua),
   SAL          -            Salmon (Salmo salar),
   HER          -            Herring (Clupea harengus),
   SPR          -            Sprat (Sprattus sprattus),
   OTH          -            Other
                                               /o
 ---pagebreak---                                                                   ISSN 0254-1475
                                                           COM(97) 703 final
                                              DOCUMENTS
EN                                                                03 11 14
                                    Catalogue number : CB-CO-97-722-EN-C
                                                             ISBN 92-78-29226-5
Office for Official Publications of the European Communities
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