CELEX: 31985R3731
Language: en
Date: 1985-12-20 00:00:00
Title: Council Regulation (EEC) No 3731/85 of 20 December 1985 laying down for 1986 certain measures for the conservation and management of fishery resources applicable to vessels registered in the Faroe Islands

31 . 12 . 85                                   Official Journal of the European Communities                                 No L 361 / 69
                                              COUNCIL REGULATION ( EEC ) No 3731 / 85
                                                            of 20 December 1985
                  laying down for 1986 certain measures for the conservation and management of fishery resources
                                             applicable to vessels registered in the Faroe Islands
THE COUNCIL OF THE EUROPEAN COMMUNITIES                                    and the Atlantic Ocean north of 43°00 ' N which shall be
                                                                           authorized until 31 December 1986 are those for the
                                                                           species mentioned in Annex I within the geographical and
Having regard to the Treaty establishing the European                      quantitative limits laid down in this Regulation .
Economic Community ,
Having regard to Council Regulation ( EEC ) No 170 / 83 of                 2 . Fishing authorized under paragraph 1 shall be limited
25 January 1983 establishing a system for the conservation                 except in Skagerrak to the parts of the 200-nautical-mile
and management of fishery resources ( J ), and in particular               fishing zone lying seawards of 12 nautical miles from the
Article 11 thereof,                                                        base-lines from which the fishing zones of Member States
                                                                           are measured .
Having regard to the proposal from the Commission ,
                                                                            3 . Notwithstanding paragraph 1 , unavoidable by-catches
                                                                            of a species for which no quota is established in a zone shall
 Whereas , in accordance with the procedure provided for by                be permitted within the limits fixed in the conservation
 the Fisheries Agreement between the European Economic                     measures in force in the zone concerned .
 Community , on the one hand , and the Government of
 Denmark and the local Government of the Faroe Islands ,
 on the other hand ( 2 ), and in particular Article 2 thereof,              4 . By-catches in a given zone of a species for which a
 the Community , on the one hand , and the Government of                    quota is established in that zone shall be counted against
 Denmark and the local Government of the Faroe Islands ,                    the quota concerned .
 on the other hand , have held consultations concerning their
  mutual fishing rights for 1986 ;
                                                                                                      Article 2
  Whereas , during these consultations , the delegations agreed
  to recommend to their respective authorities that they fix
  certain catch quotas for 1986 for vessels of the other                    1 . Vessels fishing under the quotas established in Article 1
  party ;
                                                                            shall comply with the conservation and control measures
                                                                            and all other provisions governing fishing in the zones
                                                                            referred to in that Article .
  Whereas it is necessary to implement the results of the
  consultations between the Community and the Faroe
  Islands in order to avoid an interruption of reciprocal                   2 . Vessels referred to in paragraph 1 shall keep a log-book
   fisheries relations as at 31 December 1985 ;                             in which the information set out in Annex II is to be
                                                                            entered .
  Whereas, under the terms of Article 3 of Regulation ( EEC )
   No 170 / 83 , it is incumbent upon the Council to establish              3 . Vessels referred to in paragraph 1 shall transmit to the
   the total catches allocated to third countries and also the              Commission the information set out in Annex III . This
   specific conditions under which the catches must be                      information is to be transmitted according to the rules set
   made;                                                                    out in that Annex .
                                                                            4 . The registration letters and numbers of the vessels
    HAS ADOPTED THIS REGULATION :                                           referred to in paragraph 1 must be clearly marked on the
                                                                            bow of the vessel on both sides .
                               Article 1
    !• The only fishing activities by vessels registered in the                                        Article 3
    Faroe Islands in the 200-nautical-mile zone of the Member
    States in the North Sea , Skagerrak , Kattegat , the Baltic Sea          1 . Fishing within the waters referred to in Article 1 , under
                                                                            the quotas established in the said Article , shall be permitted
                                                                            only where a licence issued by the Commission on behalf of
                                                                            the Community is held on board and where the conditions
   0 OJNoL 24, 27 . 1 . 1983 , p . 1 .                                      set out in the licence are observed .
   (2) OJ No L 226, 29 . 8 . 1980 , p . 12 .
 ---pagebreak---    No L 361 / 70                             Official Journal of the European Communities                                   31 . 12 . 85
   2 . The issue of licences for the purpose of paragraph 1                                           Article 4
   shall be subject to the condition that the number of licences
   valid on any one day shall not exceed :                                When an application for a licence is submitted to the
                                                                          Commission , the following information shall be supplied :
  (a)    14 for fishing mackerel in ICES divisions VI a ( north          (a)    name of the vessel ;
         of 56°30 ' N ) and VII e , f and h , sprat in ICES
         sub-area IV and division VI a (north of 56°30 ' N),             ( b ) registration number ;
         horse mackerel in ICES sub-area IV and divisions VI a
         ( north of 56°30 ' N), VII e, f and h and herring in            ( c) external identification letters and numbers ;
        ICES divisions VI a ( north of 56°30 ' N), four for             ( d) port of registration ;
        fishing herring in division III a ) N ( Skagerrak );
                                                                        (e)    name and address of the owner or charterer;
  ( b ) 12 for fishing Norway pout in ICES sub-area VI and              ( f)   gross tonnage and overall length ;
        division VI a (north of 56°30 ' N) and sand-eel in
        ICES sub-area IV ;                                             (g)     engine power ;
                                                                        ( h) call sign and radio frequency;
 ( c) 20 for fishing by long line , ling , tusk and blue ling in
        ICES divisions VI a ( north of 56°30 ' N ) and VIb .           (i)     intended method of fishing ;
        However , the total number of vessels allowed to fish          (j )    intended area of fishing ;
        simultaneously shall be limited to 10 ;
                                                                       ( k) species for which it is intended to fish ;
 ( d ) 16 for fishing by trawl , blue ling in ICES division VI a       (1)     period for which a licence is requested .
        ( north of 56°30 ' N ) and VI b ;
  (e)   18 for fishing blue whiting in ICES sub-area VII ( west
        of 12°00 ' W ) and ICES divisions VI a ( north of                                            Article 5
        56°30 ' N ) and VI b ;
                                                                       Fishing in Skagerrak within the limits of the quotas referred
 ( f)   three for fishing by long line , porbeagle shark in the        to in Article 1 shall be subject to the following
        whole Community zone with the exception of NAFO                conditions :
        3 PS .
                                                                       1 . Directed fishing for herring for purposes other than
                                                                              human consumption shall be prohibited .
 3 . Each licence shall be valid for one vessel only . When            2 . The use of trawl and purse seine for the capture of
 several vessels are taking part in the same fishing operation ,              pelagic species shall be prohibited from Saturday
 each vessel shall be in possession of a licence .                            midnight to Sunday midnight .
 4 . Licences may be cancelled with a view to the issue of
 new licences . The cancellation shall take effect from the                                          Article 6
 date of the surrender of the licence to the Commission .
                                                                       The competent authorities of the Member States shall take
                                                                       appropriate steps , including the regular inspection of
 5 . Should there be in intringement of the obligations fixed          vessels , to ensure that this Regulation is enforced .
by this Regulation the licence shall be withdrawn .
                                                                                                     Article 7
6 . No licence shall be issued for a maximum period of
12 months for vessels in repect of which the obligations               Where an infringement is duly established , the Member
laid down in this Regulation have not been observed .                  States shall , without delay , inform the Commission of the
                                                                       name of the vessel involved and of any action they have
                                                                       taken .
7 . Licences issued in pursuance of Regulation ( EEC ) No
5 / 85 (*), as amended by Regulation ( EEC ) No 97 / 85 ( 2 )
and by Regulation ( EEC ) No 803 / 85 ( 3 ), and valid on
                                                                                                     Article 8
31 December 1985 shall remain valid until 31 March 1986
at the latest , if so requested by the Faroese authorities .
                                                                        This Regulation shall enter into force on the day of its
                                                                        publication in the Official Journal of the European
                                                                        Communities .
H OJ No L 1 , 1 . 1 . 1985 , p. 52 .
( 2 ) OJ No L 13 , 16 . 1 . 1985 , p. 5 .
( 3 ) OJ No L 89 , 29 . 3 . 1985 , p. 16 .                              It shall apply from 1 January to 31 December 1986 .
 ---pagebreak--- 31 . 12 . 85                       Official Journal of the European Communities                     No L 361 / 71
             T is Regulation shall be binding in its entirety and directly applicable in all Member
             States .
             Done at Brussels , 20 December 1985 .
                                                                               For the Council
                                                                                The Président
                                                                                 R STEICHEN
 ---pagebreak--- No L 361 / 72                                Official Journal of the European Communities                                          31 . 12 . 85
                                                                      ANNEX I
                                                             Fishing quotas for 1986
        1 . Quotas for Faroese vessels fishing in the Community zone
                                                                                                             Quantity
                           Species                        Fishing zone : ICES sub-area / division             ( tonnes )
             Ling , tusk and blue ling          VI a ( 2 ), VI b                                                 800 ( ] )
             Blue ling                          VI a ( 2 ), VI b                                            1 100 ( 7)
             Mackerel                           VI a ( 2 ), VII e , f, h                                    6 000
            Herring                             VI a ( 2 ),                                                    650
            Horse mackerel                      IV , VI a ( 2 ), VII e , f, h                              6 750
            Norway pout                         IV , VI a ( 2 )                                           18 000 ( 3 ) ( 4 ) ( 8 )
            Sprat                               IV , VI a ( 2 )                                             3 000
            Sandeel                             IV                                                        ioooo ( 3 )( 8 )
            Blue whiting                        VI a ( 2 ), VI b , VII ( s )                              48 000
            Other white fish
            ( by-catches only )                 IV , VI a ( 2 )                                                 750
            Herring                             III a N ( Skagerrak ) ( 6 )                                     500
            Porbeagle                           Entire Community zone except NAFO 3 PS                           150 ( J )
            0 ) To be fished by long-line .
            (2) North of 56°30 ' N.
            (3) Each of these quotas may be exceeded by a maximum of 10 000 tonnes providad that the total catches of
                 Norway pout (including blue whiting), sandeel and sprat do not exceed 31 000 tonnes .
            (4) Of which maximum 6 000 tonnes may be fished in ICES VI a 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 .
            (s) West of 12°00 ' W.
            (6) 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 .
            (7) To be fished by trawl .
            (8) Catches of Norway pout and sandeel may include unavondable by-catches of blue whiting.
       2 . Quotas for Faroese vessels fishing in Greenland waters according to Article 1 ( 3 ) of EC / Greenland Fisheries
            Protocol f 1 ) ( shown for information only)
                          Species                  Fishing Zones : ICES Division or NAFO Subarea              Quantity
                                                                                                               ( tonnes )
            Northern deepwater Prawn            NAFO 1 ( 2 )                                                      475
            (Pandalus borealis)                 XIV                                                               675
            Greenland halibut                   NAFO 1                                                            150
                                                XIV                                                               150
            Redfish                             XIV                                                               500
            Capalin                             XIV                                                         10 000
            W OJ No L 29 , 1 . 2 . 1985 , p. 14 .
            (2) South of 68° N.
 ---pagebreak--- 31 . 12 . 85                                      Official Journal of the European Communities                                        No L 361 / 73
                                                                       ANNEX II
            The following details are to be entered in the log-book after each haul when fishing within the 200 nautical-mile fishing
            zone off the coasts of the Member States of the Community:
            1 . the quantity (in kilograms) of each species caught, including by-catches;
            2 . the date and the time of the haul ;
            3 . the geographical position in which the catches were made;
            4 . the fishing method used ;
            5 . all radio messages sent in conformity with Annex III .
                                                                       ANNEX III
            1.       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 under the jurisdiction of the Member States as regards fisheries :
                     ( a ) the information specified under 1.4 ;
                     ( b ) the quantity ( in kilograms) of each species of fish in the hold ;
                     ( c) the date and ICES sub-area 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 1.4 ;
                    (b ) the quantity (in kilograms ) of each species of fish in the hold;
                    (c) the quantity ( in kilograms ) of each species caught since the previous transmission ;
                    ( d ) the ICES sub-area in which the catches were taken ;
                    ( e) the quantity ( in kilograms ) of each species transferred to 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 ) of each species landed in a port of the Community since the vessel entered the
                           zone .
            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 zones referred to under 1.1 when fishing for all species other than herring and mackerel :
                    ( a) the information specified under 1.4 ;
                    ( b) the quantity (in kilograms ) of each species caught since the previous transmission ;
                    (c) the ICES divisions / sub-areas 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 .
 ---pagebreak--- No L 361 / 74                             Official Journal of the European Communities                                        31 . 12 . 85
        2.1 . The information specified under point 1 shall be transmitted to the Commission of the European Communities
              in Brussels ( telex address 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
              Blåvand                                       OXB
              Ronne                                         OYE
              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
              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
              Thorshavn                                     OXJ
              Bergen                                        LGN
              Farsund                                       LGZ
              Floro                                         LGL
              Rogaland                                      LGQ
              Tjørne                                        LGT
              Alesund                                       LGA
        4.    Form of the communications
              The information specified under point 1 concerning the fishing operations in the zones referred to under 1.1
              shall contain the following particulars , which shall be given in the following order:
              — name of vessel ,
              — call sign ,
              — externa] 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 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) of each species of fish in the hold using the code mentioned in point 5 ,
              — the ICES divisions / sub-areas in which the catches were made ,
 ---pagebreak--- 31 . 12 . 85                            Official Journal of the European Communities                                       No L 361 / 75
              — the quantity ( in kilograms ) of each species transferred to other vessels since the previous transmission ,
              — the name and call sign of the vessel to which the transfer was made ,
              — the quantity ( in kilograms ) 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 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),
              — 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),
              — H:      Saithe (Pollachius virens),
              — K:      Whiting (Merlangus merlangus),
              — L:      Herring (Clupea harengus),
              — M:      Sand-eel (Ammodytes spp .),
              — N:      Sprat (Clupea sprattus),
              — O:      Plaice (Pleuronectes platessa),
              — P:      Norway pout (Trisopterus esmarkii),
              — Q:      Ling (Molua molva),
              — R:       Other ,
              — S:       Shrimp (Penaeidae),
              — T:       Anchovy (Engraulis encrassicholus),
              — U:       Redfish (Sebastes spp .),
              — V:       American plaice (Hypoglossoides platessoides),
              — W:       Squid (Illex),
              — X:       Yellowtail (Limanda ferruginea),
              — Y:       Blue whiting (Gadus poutassou),
              — Z:       Tuna ( Thunnidae),
               — AA :    Blue ling (Molva dypterygia),
               — BB :    Tusk (Brosme brosme),
               — CC :    Dogfish (Scyliorhinus retifer),
               — DD :    Basking shark (Cetorhinidae),
               — EE :    Porbeagle (Lamna nasus),
               — FF:     Squid loligo (Loligo vulgaris),
               — GG :    Ray's bream (Brama brama),
               — HH:     Sardine (Sardina pilchardus).