CELEX: 51997PC0657
Language: en
Date: 1997-12-04
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 Lithuania

IMS,
•Mm                 COMMISSION OF THE EUROPEAN COMMUNITIES
                                                         Brussels, 04.12.1997
                                                         COM(97) 657 final
                                        Proposal for a
                              COUNCIL REGULATION (EC)
         laying down for 1998 certain measures for the conservation and management
              offisheryresources applicable to vessels flying theflagof Lithuania
4<wf;-                         (presented by the Commission)
   «I
 1
   &>i
 ---pagebreak---  ---pagebreak---                                EXPLANATORY MEMORANDUM
In conformity with the Agreement on Fisheries Relations between the European Community and the
Republic of Lithuania, signed in Brussels on 20 December 1996, consultations were held between the
Community and Lithuania in Brussels from 15 to 16 October 1997, resulting in an Agreed Record of
conclusions defining a reciprocal fisheries arrangement for 1998.
The purpose of this proposal for a regulation is to authorise Lithuanian vessels to fish the quotas
allocated to them for 1998 in waters of the Community, in accordance with the above mentioned
reciprocal arrangement.
                                                 3L
 ---pagebreak---                                                    Proposal for a
                                   COUNCIL REGULATION (EC)
                laying down for 1998 certain measures for the conservation and management
                       offisheryresources applicable to vesselsflyingtheflagof Lithuania
 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,
Having regard to the proposal from the Commission,
 Whereas, in accordance with the procedure provided for in the Agreement on Fisheries Relations
between the European Community and the Republic of Lithuania , and in particular Articles 3 and 6
thereof, the Community and Lithuania have held consultations concerning their mutual fishing rights
for 1998 and the management of common living resources;
Whereas, in the course of these consultations, the delegations agreed to recommend to their respective
authorities that certain catch quotas for 1998 should befixedfor the vessels of the other Party;
Whereas the necessary measures should be taken to implement, for 1998, the results of the
consultations held with Lithuania;
Whereas it is for the Council to lay down the specific conditions under which catches by vessels flying
the flag of Lithuania can be taken;
Whereas the fisliing activities covered by this Regulation are subject to the 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 ;
(1)
        OJ No L 389, 31.12.1992, p. 1. Regulation amended by the 1994 Act of Accession
(2)
        O J N o L 3 3 2 , 20.12.1996, p. 8.
(3)
        OJNo L261, 20.10.1993, p. 1.
                                                       3
 ---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, indicating the calibration of the tanks in cubic metres at 10-centimetre intervals;
Whereas, for imperative reason of common interest, this regulation will apply from 1 January 1998;
HAS ADOPTED THIS REGULATION:
                                                  Article 1
 1. From 1 January to 31 December 1998, vessels flying the flag of Lithuania are hereby authorised 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. Fishing for cod shall be prohibited in the Baltic Sea, the Belts and
    the Sound from 10 June to 20 August 1998 inclusive.
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 and south of 59°30' North.
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 zone 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. Those vessels which have chilled or refrigerated sea-water tanks shall keep on board a document,
    certified by a competent authority, indicating the calibration of the tanks in cubic metres at 10-
    centimetre intervals.
          OJNoL 132,21.5.1987, p. 9.
                                                    U
 ---pagebreak---  5. The registration letters and numbers of vessels must be clearly marked on the bow of each vessel on
     both sides.
                                                    Article 3
 1. Fishing under the quotas fixed in Article 1 shall be permitted only where a licence and a special
     fishing permit has been issued by the Commission on behalf of the Community at the request of the
     Lithuanian authorities and in compliance with the conditions set out in Annexes II and HI. Copies
     of these Annexes and^the licence and the special fishing permit 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 15th day of the preceding month. The Community shall process expeditiously
    requests for adjustments to a monthly list during its duration.
2. 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 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.
3. Licences and special fishing permits shall be issued provided that the number of licences valid at
   any time during a given month or year does not exceed the amounts mentioned in Annex I.
4. Only fishing vessels under 40 metres are authorised to fish.
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 be in possession of a licence
   and specialfisliingpermit.
6. Licences and special fishing permits may be cancelled with a view to the issuing 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.
7. Licences and special fishing permits shall be wholly or partially withdrawn before the date of
   expiry if the respective quotas fixed under Annex I have been exhausted.
                                                     5^
 ---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 notheen met.
 lO.The Commission, on behalf of the Community, shall submit to Lithuania the names and
    characteristics of Lithuanian vessels which will not be authorized to fish in the Community's
    fishing zone for the next month(s) as a consequence of an infringement of Community rules.
                                                  Article 4
Vessels authorised to fish on 31 December may continue fishing as from the beginning of next year
until the list of vessels permitted to fish during the year in question is submitted to and approved by
the Commission on behalf of the Community.
                                                  Article 5
This Regulation shall enter into force on the day 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,.... December 1997.
                                                                 For the Council
                                                                 The President
                                                   6
 ---pagebreak---                                                       ANNEXI
                               Lithuanian catch quotas and licences for 1998
                        Fishing zone of the Members States of the Community
    ^Species"'          ^samssmseseji
                         ** iCArea within which ?             ^ssQuantity>^                   Number bf^'VK
                                                               k'sll (tonnes)*- '             Licences^te?^
       Cod                       ICESIII(d)(l)                         1,350                      }
                                                                                                  }
      Herring                    ICES 111(d)(I)                         500
                                                                                                } 70 (50)
       Sprat                     ICES 111(d)(I)                        4,000                      }
                                                                                                  }
      Salmon-                    ICES 111(d)(1)                        500(2)                     }
(i)
        Beyond 12-nautical-rmilesfromthe baselines from which the territprial sea is measured and south of 59°30' North.
(2)
       Number of individual fish.
(3)
       The number of licences and special fishing permits valid at any given time is mentioned between brackets. In
       addition, a maximum of four transport refrigerator vessels will be authorized in the herring and sprat fisheries, but
       no more than three vessels will be authorized at any given time.
                                                         Y
 ---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;
       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) 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.
                                                   s
 ---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 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 zone referred to under
         1.1 on a given day, one communication shall suffice onfirstentry.
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 offish 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 zone 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-weigh't) 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 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 (IN/OUT/ICES/WKL/2 WKL);
       (e)      the date, the time and the geographical position of the vessel.
                                                    5
 ---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.
     Name of radio station             Call sign of radio station
     Blâvand                           OXB
     Norddeich                         DAFDAK
                                       DAHDAL
                                       DAI DAM
                                       DAJDAN
     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
     Stockholm                        SDJ
     Gryt                             (no call sign)
     Gôteborg                         SOG
     Renne                            OYE
     Maarianhamina                    OHM
     Helsinki                         OHG
                                              AJO
 ---pagebreak--- 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;
           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 whichfishingis 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 (Gadus morhua),
   SAL     -        Salmon (Salmo salar),
   HER     -       . Herring (Clupea harengus),
   S PR    -         Sprat (Sprattus sprattus).
                                             AA
 ---pagebreak---  ---pagebreak---  ---pagebreak---  ---pagebreak---                                                                   ISSN 0254-1475
                                                            COM(97) 657 final
                                              DOCUMENTS
EN                                                                03 11 14
                                    Catalogue number : CB-CO-97-671-EN-C
                                                             ISBN 92-78-28478-5
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