CELEX: 31979R0397
Language: en
Date: 1979-02-28 00:00:00
Title: Council Regulation (EEC) No 397/79 of 28 February 1979 laying down certain interim measures for the conservation and management of fishery resources applicable to vessels registered in the Faroe Islands

No L 51 / 18                            Official Journal of the European Communities                                . 3 . 79
                                      COUNCIL REGULATION ( EEC) No 397/79
                                                     of 28 February 1979
               laying down certain interim measures for the conservation and management of
                    fishery resources applicable to vessels registered in the Faroe Islands
THE COUNCIL OF THE EUROPEAN                                        that they coordinate their decisions on the allocations
COMMUNITIES,                                                       to be given to third parties of certain joint stocks of
                                                                   fish and prawn located in the Davis Strait and in
Having regard to the Treaty establishing the European              Baffin Bay ;
Economic Community, and in particular Article 103
thereof,                                                          Whereas these two delegations have agreed on the
                                                                  provisional allocations to the Faroe Islands for the
Having regard to the proposal from the Commission,                said joint stocks,
Whereas on 3 November 1976 the Council adopted a
set of resolutions concerning certain external and
internal aspects of the common fisheries policy ;                 HAS ADOPTED THIS REGULATION :
Whereas the Community on the one hand and the
Government of Denmark and the Home Government
of the Faroe Islands on the other have signed a Frame­                                     Article 1
work Agreement on fisheries ;
                                                                   1.   The catches which vessels registered in the Faroe
Whereas the Commission has submitted the Agree­                   Islands are authorized to make during the period 1
ment to the Council for approval ;                                January to 31 March 1979 in the 200 nautical mile
                                                                  fishing zone of the Member States in the North Sea,
Whereas fishing from Faroese vessels in the Commu­                Skagerrak, Kattegat, the Baltic Sea, the Labrador Sea,
nity's fishing zone is authorized until 28 February               the Davis Strait, Baffin Bay and the Atlantic Ocean
1979 by virtue of Council Regulation (EEC) No                     north of 43° N which are covered by Community
3149/78 of 21 December 1978 laying down certain                   rules on fisheries shall be limited to the quotas set out
interim measures for the conservation and manage­                 in Annex I.
ment of fishery resources applicable to vessels regis­
tered in the Faroe Islands (') ;                                  2. Notwithstanding paragraph 1 unavoidable
                                                                  by-catches of a species for which no quota is esta­
Whereas consultations between delegations from the                blished in a zone shall be permitted within the limits
Community and the Faroe Islands about their reci­                 fixed in the conservation measures in force in the
procal fishing rights in 19 79 have not yet been                  zone concerned .
concluded ;
                                                                  3 . By-catches in a given zone of a species for which
Whereas the two delegations have recommended to                   a quota is established in that zone shall be counted
their authorities that they adopt interim arrangements            against the quota concerned.
to permit the continuation of their reciprocal fishing
pending the adoption of definitive arrangements for
1979 ;
                                                                                           Article 2
Whereas in order to prevent interruption of fishing by
Faroese vessels in the Community zone appropriate                 1 . Vessels fishing under the quotas established in
measures will have to be adopted before 28 February               Article 1 shall comply with the conservation and
1979 ;                                                            control measures and all other provisions governing
                                                                  fishing in the zones referred to in Article 1 .
Whereas it is necessary to adopt such measures on the
basis of Article 103 of the Treaty subject to their               2. Vessels referred to in paragraph 1 shall keep a
being included at a later date in the common agricul­             logbook in which the information specified in Annex
tural policy ;                                                    II or, in the case of fishing in sub-area XIV as defined
                                                                  by the International Council for the Exploration of
Whereas delegations from the Community and                        the Sea (ICES) and zones 0 + 1 as defined in the
Canada have agreed to recommend to their authorities              Annex to the Convention establishing the Interna­
                                                                  tional Commission for North-West Atlantic Fisheries
( i ) OJ No L 374, 30 . 12. 1978 , p. 1 .                         (ICNAF), in Annex IV, is to be entered.
 ---pagebreak--- 1 . 3 . 79                            Official Journal of the European Communities                           No L 51 / 19
3. Vessels referred to in paragraph 1 shall transmit             (a) name of the vessel ;
to the Commission, according to the rules set out in
                                                                 (b) registration number ;
Annex III or, in case of fishing in ICES sub-area XIV
and ICNAF zones 0 -I- 1 , in Annex V, the informa­               (c) external identification letters and numbers ;
tion specified in those Annexes.
                                                                 (d) port of registration ;
                                                                 (e) name and address of the owner or charterer ;
4. The registration letters and numbers of the
vessels referred to in paragraph 1 must be clearly               (f) gross tonnage and overall length ;
marked on the bow of the vessels on both sides .
                                                                 (g) engine power ;
                                                                 (h) call sign and radio frequency ;
                          Article 3                              (i) intended method of fishing ;
                                                                 (j) intended area of fishing ;
1 . Fishing within ICES sub-areas IV and VI and                  (k) species for which it is intended to fish ;
ICNAF zones 0 + 1 under the quotas established in
                                                                 (1) period for which a licence is requested.
Article 1 shall be subject to the holding on board of a
licence issued by the Commission on behalf of the
Community and in compliance with the conditions
set out in the licence .                                                                  Article 5
2.      The number of licences which may be issued for           Each licence shall be valid for one vessel only. When
the purpose of paragraph 1 including those which                 several vessels are taking part in the same fishing oper­
remain valid according to paragraph 3 shall be limited           ation, each vessel shall be in possession of a licence .
to :
(a) 18 for fishing mackerel and sprat, in ICES sub­                                       Article 6
     areas IV and VI (north of 56° 30' N) ;
(b) 25 for fishing Norway pout and sandeel in ICES               Only long-liners are authorized to fish for ling or
     sub-area IV and in ICES division Via (north of              tusk .
     56° 30 ' N) ;
(c) 18 for fishing Northern deep water prawn, in
     ICNAF zones 0 -I- 1 (east of the median line) ;                                      Article 7
(d) 10 for fishing ling and tusk in ICES division VIb ;
                                                                 The competent authorities of the Member States shall
(e) five for fishing Greenland halibut in ICNAF zones            take appropriate steps, including the regular inspec­
     0 + 1 (east of the median line) ;                           tion of vessels, to ensure the enforcement of this Regu­
                                                                 lation .
(f) 15 for fishing blue whiting.
3. Licences issued pursuant to Regulation (EEC)
 No 2579/78 of 30 October 1978 laying down the                                            Article 8
 number of licences for vessels registered in the Faroe
 Islands for fishing within the 200 nautical mile                Where an infringement is duly established the
 fishing zone of the Member States (*) shall remain               Member States shall, without delay, inform the
valid if so requested by Faroese authorities until 31             Commission of the name of the vessel involved and of
 March 1979 at the latest.                                        any action they have taken .
                          Article 4                                                       Article 9
                                                                  This Regulation shall enter into force on the day of its
 When an application for a licence is submitted to the            publication in the Official Journal of the European
 Commission, the following information shall be                   Communities.
 supplied :
 (1) OJ No L 309, 1 . 11 . 1978 , p. 12.                          It shall apply from 1 January to 31 March 1979 .
 ---pagebreak--- No L 51 / 20                    Official Journal of the European Communities                        1 . 3 . 79
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States.
             Done at Brussels, 28 February 1979 .
                                                                      For the Council
                                                                        The President
                                                                       J. LE THEULE
 ---pagebreak--- 1 . 3 . 79                                Official Journal of the European Communities                                                  No L 51 /21
                                                                       ANNEX I
                                   Fishing quotas for the period 1 January to 31 March 1979
                                                                                                                               (tonnes)
                             Species                                  ICES division or ICNAF zone                   Quantity
           Herring                                      IIIa north (Skagerrak) (')                                       0
           Ling, tusk                                  VIb                                                            250
           Mackerel                                     IV                                                          2 500 (2)
                                                       VI (north of 56° 30 ' N)                                     5 000
           Norway pout                                  IV, Via (north of 56° 30' N)                                4 400 (3)
           Sprat                                        IV, Via (north of 56° 30 ' N)                              11 250
           Sandeel                                      IV                                                          3 100
           Northern deep-water prawn
           (Pandalus borealis)                          ICNAF 0 + 1                                                 1 050 (5)
           Blue whiting                                                                                            12 500
           Greenland halibut                            ICNAF 0 + 1 (4)                                               300 (<>)
                                                       XIV                                                             45
           Redfish                                      ICNAF 0 + 1 (4)                                               150 (6)
                                                       XIV                                                              75
           Other white fish (by-catches
           only)                                        IV, Via                                                       300
           (') East of the line connecting Lindesnes to Hanstholm .
           (2) Of which 2 350 tonnes north of 60° N and west of 2° E and 150 tonnes south of 60° N.
           ( 3 ) Of which no more than 1 000 tonnes in division Via .
           (4 ) East of the median line .
           (5) Of which 100 tonnes west of the median line (Canadian zone) and 950 tonnes east of the median line and south of 68° N.
           (6) Less any quantities taken in the Canadian zone .
                                                                      ANNEX II
           The following details are to be entered in the logbook after each haul :
            1 . The quantity (in kg) of each species caught ;
            2. The date and the time of the haul ;
            3 . The geographical position in which the catches were made ;
            4. The fishing method used.
 ---pagebreak--- No L 51 / 22                        Official Journal of the European Communities                                      1 . 3 . 79
                                                         ANNEX III
             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 covered by Community rules on fisheries :
                   (a) the information specified under point 1.4 below ;
                   (b) the quantity (in kg) of each species of fish in the hold ;
                   (c) when and where fishing is to commence.
             1.2. On each occasion the vessel leaves the 200 nautical mile fishing zone off the coasts of the
                   Member States of the Community which is covered by Community rules on fisheries :
                   (a) the information specified under point 1.4 below ;
                   (b) the quantity (in kg) of each species of fish in the hold ;
                   (c) the quantity (in kg) of each species caught since the previous transmission ;
                   (d) the ICES division or ICNAF zone in which the catches were taken ;
                   (e) the quantity (in kg) of each species transferred to other vessels since the vessel entered the
                         Community fishing zone and the identification of the vessel to which the transfer was
                         made ;
                   (f) the quantity (in kg) of each species landed in a port of the Community since the vessel
                        entered the Community fishing zone.
             1.3. At weekly intervals, commencing on the seventh day after the vessel first enters the fishing
                   zone of the Member States :
                   (a) the information specified under point 1.4 below ;
                   (b) the quantity (in kg) of each species caught since the previous transmission ;
                   (c) the ICES division or ICNAF zone 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.
             2.1 . The information specified under point 1 shall be transmitted to the Commission of the Euro­
                    pean Communities in Brussels (telex address 21877 COMEU) 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
                    Norddeich                                                   DAF DAK
                                                                                DAH DAL
                                                                                DAI DAM
                                                                                DAJ DAN
                    Scheveningen                                                PCH
                    Oostende                                                    OST
                     North Foreland                                             GNF
                     Humber                                                     GKZ
                     Cullercoats                                                GCC
                    Wick                                                        GKR
 ---pagebreak--- 1 . 3 . 79                         Official Journal of the European Communities                                 No L 51 /23
               Name of radio station                                         Call sign of radio station
               Oban                                                         GNE
               Portpatrick                                                  GPK
               Anglesey                                                     GLV
               Ilfracombe                                                   GIL
               Niton                                                        GNI
               Stonehaven                                                   GND
               Portshead                                                    GKA
                                                                            GKB
                                                                            GKC
               Land's End                                                   GLD
               Valentia                                                      EJK
               Malin Head                                                    EJM
               Boulogne                                                      FFB
               Brest                                                         FFU
               Saint-Nazaire                                                 FFO
               Bordeaux-Arcachon                                             FFC
               Prins Christians Sund                                        OZN
               Julianehåb                                                   OXF
               Godthåb                                                      OXI          Central Godthåb
               Holsteinsborg                                                OYS
               Godhavn                                                      OZM
               Thorshavn                                                    OXJ
           4 . Form of communications .
               Transmission of the information specified under point 1 shall take the form of messages preceded
               by the words 'Pêcheur Brussels' and the information elements shall be given in the following
               order :
               — the code 'Pêcheur Brussels ;
               — 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 the Community zone : ' IN',
                    — message — when leaving the Community zone : 'OUT',
                    — weekly message : 'WKL' ;
               — the geographical position ;
               — the ICES division or ICNAF zone in which fishing is expected to commence ;
               — the date on which fishing is expected to commence ;
               — the quantity (in kg) of each species of fish in the hold using the code mentioned in point 5
                    below ;
               — the quantity (in kg) of each species caught since the previous transmission using the code
                    mentioned in point 5 below ;
               — the ICES division or ICNAF zone in which the catches were made ;
               — the quantity (in kg) of each species transferred to other vessels since the previous transmis­
                    sion ;
               — the name and call sign of the vessel to which the transfer was made ;
               — the quantity (in kg) of each species landed in a port of the Community since the previous
                    transmission ;
               — 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),
 ---pagebreak--- No L 51 /24                         Official Journal of the European Communities                              1 . 3 . 79
                —  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),
                —  J : Saithe (Pollachius virens),
                —  K:  Whiting (Merlangius merlangus),
                —  L : Herring (Clupea harengus),
                —  M:  Sandeel (Ammodytes sp.),
                —  N:  Sprat (Clupea sprattus),
                —  O:  Plaice (Pleuronectes platessa),
                —  P : Norway pout (Trisopterus esmarkii),
                —  Q:  Ling (Molva molva),
                — R : Other,
                — S : Shrimp (Penaeidae),
                — T : Anchovy (Engraulis encrasicolus).
                                                        ANNEX IV
            The following details are to be entered in the logbook after each haul :
            (a) the present position of the vessel ;
            (b) the quantity (in kg) of each species caught ;
            (c) the quantity (in kg) of the catch returned to the sea ;
            (d) the date and time of the beginning and end of the fishing operation ;
            (e) the ICES division or ICNAF zone in which the catch has been made ;
            (f) gear used ;
            (g) total of each species caught since entry into the zone.
            In addition, the contents of each transmission in accordance with Annex V shall be entered in the
            logbook.
 ---pagebreak--- 1 . 3 . 79                          Official Journal of the European Communities                                    No L 51 / 25
                                                           ANNEX V
           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 ICNAF zones 0 -f 1 :
                 (a) Name of the vessel ;
                  (b) Licence number ;
                 (c) Identification number marked on the side of the vessel ;
                 (d) Name of the captain ;
                 (e) Radio call sign of the vessel ;
                 (f) The quantity (in kg, round weight) of each species of fish in the hold ;
                 (g) Planned activity including when and where fishing is to take place.
           1.2. At weekly intervals, commencing on the seventh day after the vessel first enters the fishing zone
                 defined in point 1.1 :
                 (a) Name of the vessel ;
                 (b) Licence number ;
                 (c) Identification number marked on the side of the vessel ;
                 (d) The present position of the vessel ;
                 (e) Radio call sign of the vessel ;
                 (f) The period covered by the report ;
                 (g) Nominal catch (round weight) in the period for all species caught, specified by ICNAF
                      zone ;
                 (h) Discards (round weight) specified by species ;
                 (i) Transfers at sea : species, quantities (with specification of round weight or product weight)
                      and the vessel to which it has been transferred ;
                 (j) Date of the report ;
                 (k) Name of the captain .
           1.3 . On each occasion the vessel leaves the zone defined in point 1.1 , notice should be given at least
                 48 hours before leaving the said zone.
                 Before leaving the zone a final report corresponding to the one mentioned under point 1.2 must
                 be given . This report must specify the total catches of the vessel by species and ICNAF zone .
           2.1 . The information specified under point 1 shall be transmitted to the Commission of the Euro­
                 pean Communities in Brussels (telex address 21877 COMEU) 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
                 Prins Christians Sund                                          OZN
                 Julianehåb                                                     OXF
                 Godthåb                                                        OXI        Central Godthåb
                 Holsteinsborg                                                  OYS
                 Godhavn                                                        OZM
           4.    Form of communication .
                 Transmission of the information specified under point 1 shall be given in the order specified
                 under points 1.1 and 1.2.