CELEX: 31985R3726
Language: en
Date: 1985-12-20 00:00:00
Title: Council Regulation (EEC) No 3726/85 of 20 December 1985 laying down for 1986 certain measures for the conservation and management of fishery resources applicable to vessels flying the flag of Sweden

31 . 12 . 85
                                            Official Journal of the European Communities                                  No L 361 / 49
                                            COUNCIL REGULATION (EEC) No 3726 / 85
                                                         of 20 December 1985
               laying down for 1986 certain measures for the conservation and management of fishery resources
                                             applicable to vessels flying the flag of Sweden
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                                 HAS ADOPTED THIS REGULATION :
Having regard to the Treaty establishing the European                                                 Article 1
Economic Community ,
                                                                           1 . Fishing by vessels flying the flag of Sweden in the
                                                                          200-nautical-mile zone of the Member States in the North
Having regard to Council Regulation ( EEC ) No 170 / 83 of
25 January 1983 establishing a Community system for the                   Sea , Skagerrak , Kattegat , the Baltic Sea and the Atlantic
                                                                          Ocean north of 43°00 ' N shall be authorized until
conservation and management of fishery resources ( J ), and
in particular Article 1 1 thereof,                                        31 December 1986 for the species referred to in Annex I
                                                                          within the geographical and quantitative limits laid down
                                                                          therein and in accordance with the provisions laid down in
Having regard to the proposal from the Commission ,                       this Regulation .
Whereas, in accordance with the procedure provided for by                 2 . Notwithstanding the provisions of paragraph 1 , fishing
the Fisheries Agreement between the European Economic                     by vessels flying the flag of Sweden is authorized without
Community and the Government of Sweden ( 2 ), and in                      quantitative limits in the Skagerrak , Kattegat and
particular Articles 2 and 6 thereof, the Community and                    Oresund .
Sweden have held consultations concerning their mutual
fishing rights for 1986 and the management of common
biological resources ;                                                    3 . For the purposes of this Regulation :
                                                                          — the Skagerrak is the area limited in the west by a line
Whereas , in the course of these consultations ,              the              drawn from the lighthouse of Hanstholm to the
delegations agreed to recommend to their respective                            lighthouse of Lindesnes and in the south by a line
authorities the fixing of certain fishing quotas for 1986 for                  drawn from the Skagen lighthouse to the lighthouse of
 the vessels of the other party ;                                              Tistlarna and from there to the nearest coast of
                                                                               Sweden ,
Whereas , under the terms of Article 3 of Regulation ( EEC )
 No 170 / 83 , it is incumbent upon the Council to establish             — the Kattegat is the area limited in the north by a line
 the total catches allocated to third countries and also the                   drawn from Skagen lighthouse to the lighthouse of
specific conditions under which the catches must be                            Tistlarna and from there to the nearest coast of Sweden
 made ;                                                                        and in the south by a line drawn from Hasenore Head
                                                                               to Gniben Point , from Korshage to Spodsbjerg , and
                                                                               from Gilbjerg Head to the Kullen ,
 Whereas the Agreement of 19 December 1966 between
 Denmark, Norway and Sweden on mutual access to fishing                  — Oresund is the area limited in the north by a line drawn
 in Skagerrak and Kattegat provides that each Party shall                      from Gilbjerg Point to the Kullen and in the south by a
 grant access to fishing by vessels of the other Parties within                line drawn from the lighthouse of Stevns to the
 its fishing zone in Skagerrak and part of' Kattegat seawards                  lighthouse of Falsterbo .
 of four nautical miles from the base-lines , without
 quantitative limitations ;
                                                                         4 . Fishing authorized under paragraphs 1 and 2 shall be
                                                                         limited to the parts of the 200-nautical-mile fishing zone
 Whereas the Convention of 31 December 1932 between                      lying seawards of 12 nautical miles from the base-lines
 Denmark and Sweden concerning fishing conditions in the                 from which the fishing zones of Member States are
 maritime waters bordering on both Parties provides that                 measured , with the following exceptions :
 each Party shall grant access to fishing by vessels of the
 other Party within its fishing zone in the Kattegat seawards            ( a ) fishing in Skagerrak is authorized seawards of four
 of three nautical miles from the coast and in certain parts                     nautical miles from the base-lines of Denmark;
  of0resund and the Baltic Sea up to the base-lines , without
  quantitative limitations ,                                             ( b ) fishing in Kattegat is authorized seawards of three
                                                                                 nautical miles from the coast of Denmark ;
  0 OJ No L 24 , 27 . 1 . 1983 , p . 1 .                                 ( c)    fishing in the Baltic Sea is authorized seawards of
  (2) OJ No L 226 , 29 . 8 . 1980 , p . 1 .                                      three nautical miles from the base-lines of Denmark ;
 ---pagebreak---  No L 361 / 50                              Official Journal of the European Communities                                   31 . 12 . 85
  ( d ) fishing in 0resund is authorized within the areas and            3 . When an application for a licence is submitted to the
         in   accordance   with    the  conditions   set out  in         Commission , the following information shall be supplied :
         Annex II .
                                                                         ( a ) name of the vessel ;
                                                                        ( b ) registration number ;
  5 . Notwithstanding paragraph 1 , unavoidable by-catches              ( c) external identification letters and numbers ;
  of a species for which no quota is established in a zone shall
  be permitted within the limits fixed in the conservation             ( d ) port of registration ;
 measures in force in the zone concerned .
                                                                       (e)      name and address of the owner or charterer ;
                                                                       (f)     gross tonnage and overall length ;
 6 . By-catches in a given zone of a species for which a
 quota is established in that zone shall be counted against            (g) engine power;
 the quota concerned .                                                ( h ) call sign and radio frequency;
                                                                      (i)      intended method of fishing;
                                                                      (j )     intended area of fishing ;
                              Article 2
                                                                      (k) species for which it is intended to fish ;
 1 . Vessels fishing under the quotas established in Article 1
                                                                      (1)      period for which a licence is requested .
 shall comply with the conservation and control measures
 and all other provisions governing fishing in the zones
 referred to in that Article .                                        5 . Each licence shall be valid for one vessel only . "When
                                                                      several vessels are taking part in the same fishing operation ,
                                                                      each vessel shall be in possession of a licence .
 2 . Vessels referred to in paragraph 1 shall keep a log-book
 in which the information specified in Annex III is to be
entered .                                                             6 . Licences may be cancelled with a view to issuing new
                                                                      licences . Cancellation shall take effect from the date of the
                                                                      surrender of the licence to the Commission .
3 . Vessels referred to in paragraph 1 shall transmit to the
Commission , according to the rules set out in Annex IV ,             New licences shall take effect from the first of the month
the information specified in that Annex .                             following that in which they are issued .
4 . The registration letters and numbers of the vessels                                             Article 4
referred to in paragraph 1 must be clearly marked on the
bow of the vessels on both sides .                                    Only long-liners shall be authorized to fish for ling .
                                                                                                    Article 5
                            Article 3
                                                                      The competent authorities of the Member States shall take
1 . Fishing within ICES sub-areas IV and VI and ICES                  appropriate steps , including the regular inspection of
divisions III c and d under the quotas established in                 vessels , to ensure that this Regulation is enforced .
Article 1 shall be permitted only where a licence issued by
the Commission on behalf of the Community at the
request of the Swedish authorities is held on board and
where the conditions set out in the licence are observed .                                          Article 6
                                                                      Where an infringement is duly found to have taken place,
                                                                      the Member States shall , without delay , inform the
2 . Licences shall be issued for the purposes of paragraph 1
subject to the condition that the number of licences valid at
                                                                      Commission of the name of the vessel involved and of any
                                                                      action they have taken .
any time during a given month shall not exceed :
— 44 for fishing cod and herring in the Baltic Sea , •
                                                                                                    Article 7
— one for fishing ling in ICES sub-area IV and division
       VI a ( north of 56°30 ' N ),                                   This Regulation shall enter into force on the day of its
                                                                      publication in the Official Journal of the European
— 31 for fishing herring in ICES division IV a and b ,                Communities .
— 10 for fishing in ICES sub-area IV all species , referred
       to in Annex I other than herring and ling .                    It shall apply from 1 January to 31 December 1986.
 ---pagebreak--- 31 . 12 . 85
                                   Official Journal of the European Communities                      No L 361 / 51
             This  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 / 52                                  Official Journal of the European Communities                                31 . 12 . 85
                                                                   ANNEX I
                                                                Fishing quotas
                                                                      Area within which                    Quantity
                                    Species                          fishing is authorized                 ( tonnes )
                Cod                                          ICES III c , d                               1 000
                                                             ICES IV                                          150 ( 2 )
                Haddock                                      ICES IV                                         400
                Whiting                                      ICES IV                                           20 ( 2 )
                Herring                                      ICES III c , d                               1 810
                                                             ICES IV a , b                                1 575
               Ling                                         ICES IV , VI a i 1 )                             100
               ( ] ) North of latitude 56°30 ' N.
               ( 2 ) These quotas may be interchanged .
                                                                 ANNEX II
               1 . Inside a depth of 7 m , only the following are allowed :
                     a ) fishing by net for herring ; and
                     b ) fishing by lines in the months of July to October inclusive .
               2 . Outside a depth of 7 m , fishing by trawl or seine is prohibited south of a line from Ellekilde Hage to
                     Lerberget.
              3 . Notwithstanding paragraph 2 , fishing is allowed on the Middelgrunden by 'agnvod' which does not
                     measure more than 7,5 m between 'armspidserne'.
              4 . North of the line referred to in paragraph 2 , fishing by trawl or Danish seine is allowed up to three
                     nautical miles from the coast .
                                                                ANNEX III
              The following details are to be entered in the log-book after each haul :
              1 . the quantity (in kilograms ) 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 ;
              5 . all radio messages sent in conformity with Annex IV .
 ---pagebreak--- 31 . 12 . 85                                    Official Journal of the European Communities                                   No L 361 / 53
                                                                   ANNEX IV
           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 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 1.4 below ;
                  ( b ) the quantity (in kilograms ) of each species of fish in the hold ;
                  ( c) when and where fishing is to commence .
                  If the fishing operation requires more than one entry into the Community fisheries zone on any given day , a
                   single communication on first entering the zone will be sufficient.
           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 1.4 below;
                  ( 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 division in which the catches were taken ;
                  ( e ) the quantity ( in kilograms ) 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 kilograms ) of each species landed in a port of the Community since the vessel entered the
                        Community fishing zone .
                  If the fishing operation requires more than one exit from the Community fisheries zone on any given day , a
                  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 Community zones when
                 fishing for herring in the North Sea and at weekly intervals , commercing on the seventh day after the vessel first
                 enters the Community zones when fishing for all species other than North Sea herring:
                 ( a ) the information specified under 1.4 below ;
                 ( b ) the quantity ( in kilograms ) 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 , 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 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
                                                                 OXP
                 Skagen
                 Blåvand                                         OXB
                 Norddeich                                       DAF DAK
                                                                 DAH DAL
                                                                 DAI DAM
                                                                 DAJ DAN
                                                                 PCH
                 Scheveningen
                 Oostende                                        OST
 ---pagebreak---                                                                                                                               31 . 12 . 85
No L 361 / 54                              Official Journal of the European Communities
               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
              Prins Christians Sund                          OZN
              Julianehåb                                    OXF
              Godthåb                                       OXI              Central Godthåb
              Holsteinsborg                                 OYS
              Godhavn                                       OZM
              Stockholm                                     SOJ
              Goteborg                                      SOG
              Rønne                                         OYE
        4.    Form of 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 the Community zone : 'IN',
                   —   message when leaving the Community zone : 'OUT',
                   —   weekly message : 'WKL',
                   —   three-day message : '2 WKL',
              — the geographical position ,
              — the ICES division 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 below ,
              — the quantity ( in kilograms ) of each species caught since the previous transmission using the code mentioned
                   in point 5 below ,
              — the ICES division in which the catches were made ,
              — the quantity ( in kilograms ) of each species transfetted 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 ,
              — 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--- 31 . 12 . 85                       Official Journal of the European Communities No L 361 / 55
             — 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 (Merlangus merlangus),
             — L:   Herring (Clupia harengus),
             — M:   Sand-eel (Ammodytes spp .),
             — 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 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).