CELEX: 51996PC0694
Language: en
Date: 1996-12-16
Title: Proposal for a COUNCIL REGULATION (EC) layning down, for 1997, certain measures for the conservation and management of fishery resources applicable to vessels flying the flag of Norway

COMMISSION OF THE EUROPEAN COMMUNITIES
                                                    Brussels, 16.12.1996
                                                     COM(96) 694 final
                                     Proposal for a
                           COUNCIL REGULATION (EO
laying down, for 1997, certain measures for the conservation and management of fishery
                resources applicable to vessels flying the flag of Norway
                            (presented by the Commission)
 ---pagebreak---  ---pagebreak---                           EXPLANATORY MEMORANDUM
Consultations between the Community and Norway were held in Bergen from 13 to 15
November 1996 and in Brussels from 27 to 29 November 1996 and from 9 to 11 December
1996, resulting in an agreement on reciprocal fisheries arrangements for 1997.
The purpose of this proposal for a Council regulation is to authorise Norwegian vessels to
fish the quotas allocated to them in Community waters until 31 December 1997, in
accordance with the above mentioned arrangements.
 ---pagebreak---                                          Proposal for a
                     COUNCIL REGULATION (EC) No                         /96
                                    of         December 1996
laying down, for 1997, certain measures for the conservation and management of fishery
                  resources applicable to vessels flying the flag of Norway
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(1), as amended by the Act of Accession of
Austria, Finland and Sweden, and in particular Article 8 (4) thereof,
Having regard to the proposal from the Commission,
Whereas, in accordance with the procedure provided for in Articles 2 and 7 of the Fisheries
Agreement between the European Economic Community and the Kingdom of Norway(2), the
Community and Norway have held consultations concerning their mutual fishing rights for
1997 and the management of common biological resources;
Whereas, in the course of these consultations, the delegations agreed to recommend to their
respective authorities that certain catch quotas for 1997 should be fixed for the vessels of the
other party;
Whereas the Agreement of 19 December 1966 between Denmark, Norway and Sweden on
reciprocal access to fishing in the Skagerrak and Kattegat provides that each party shall grant
vessels of the other parties access to its fishing zone in the Skagerrak and part of the Kattegat
up to four nautical miles from the baselines;
Whereas it is for the Council to lay down the specific conditions under which such catches
must be taken;
Whereas the fishing activities covered by this Regulation are subject to the control measures
provided for in Council Regulation (EC) No 2847/93 of 12 October 1993 establishing a
control system applicable to the common fisheries policy(3);
d)      OJ No L 389, 31.12.1992, p. 1.
(2)
        OJ No L226, 29.8.1980, p. 48.
(3)
        OJ No L261, 20.10.1993, p. 1.
                                                 £
 ---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 and specifying the calibration of the tanks in
cubic metres at 10-centimetre intervals,
HAS ADOPTED THIS REGULATION:
                                            Article 1
 1.     Vessels flying the flag of Norway are hereby authorized until 31 December 1997 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 North Sea, Skagerrak, Kattegat, Baltic Sea
        and Atlantic Ocean north of 43°00'N.
2.      Fishing authorized pursuant to paragraph 1 shall be limited to those parts of the
        200-nautical-mile fishing zone lying seawards of twelve nautical miles from the
        baselines from which the fishing zones of Member States are measured; however,
        fishing in the Skagerrak will be allowed seawards of four nautical miles from the
        Danish baselines.
3.      Fishing in the parts of ICES division Ilia bounded in the west by a line drawn from
        the Hanstholm lighthouse to the Lindesnes lighthouse and in the south by a line drawn
        from the Skagen lighthouse to the Tistlarna lighthouse and from there to the nearest
        point on the Swedish coast shall not be subject to quantitative limitations, with the
        exception of fishing for mackerel and saithe.
4.      Notwithstanding paragraph 1, unavoidable by-catches of species for which no quota
        has been fixed in a given zone shall be permitted within the limits laid down by the
        conservation measures in force in the zone concerned.
 5.     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
         Vessels fishing within the quotas fixed in Article 1 shall comply with the conservation
         and control measures and all other provisions governing fishing in the zones referred
         to in that Article.
 (4)
         OJ No L 132, 21.5.1987, p. 9.
                                                3
 ---pagebreak--- 2.  The vessels referred to in paragraph 1 shall keep a log-book in which the information
    set out in Annex II shall be entered.
3.  The vessels referred to in paragraph 1, except for those fishing in ICES division Ilia,
    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 referred to in paragraph 1 which have chilled or refrigerated sea-water
    tanks shall keep on board a document certified by a competent authority and
    indicating the calibration of the tanks in cubic metres at 10 cm intervals.
5.  The registration letters and numbers of the vessels referred to in paragraph 1 must be
    clearly marked on the bow of each vessel on both sides
                                         Article 3
 1. When fishing in any ICES division under the quotas fixed in Article 1, vessels
    exceeding 200 GRT must hold a licence and special fishing permit issued by the
    Commission on behalf of the Community and must observe the conditions as
    established by that licence and special fishing permit.
     Norway shall notify to the Commission the name and characteristics of the vessels for
     which licences and special fishing permits may be issued.
2.   The Commission shall issue the fishing licences and special fishing permits referred
     to in paragraph 1 to all vessels for which a licence and special fishing permit is
     required by the Norwegian authorities.
     Requests for amendments to the list of vessels licensed may be made at any time and
     shall be processed expeditiously.
 3.  When an application for a licence and special fishing permit is submitted to the
     Commission, the following information must be supplied:
     (a)     name of the 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 required.
                                           4
 ---pagebreak--- 4.      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 special fishing permit.
5.      Licences and special fishing permits may be cancelled with a view to the issue 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.
6.      Licences and special fishing permits shall be wholly or partially withdrawn before the
        date of expiry if the respective quotas fixed in Article 1 have been exhausted.
7.      Licences and special fishing permits shall be withdrawn in the event of any failure to
        meet the obligations laid down in this Regulation.
8.      For a period not exceeding 12 months, no licence and special fishing permit shall be
        issued for any vessel in respect of which thé obligations laid down in this Regulation
        have not been met.                    (
9.      The Commission shall submit on behalf of the Community, to Norway, the name and
        the characteristics of the Norwegian 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
Fishing within the quotas fixed in Article 1 for blue ling, ling and tusk, shall be permitted
provided that use is made of the method commonly known as 'long-lining' in ICES
division Vb and sub-areas VI and VII.
                                            Article 5
The use of trawls and purse seines for the capture of pelagic species shall be prohibited in
the Skagerrak from Saturday midnight to Sunday midnight.
                                            Article 6
Vessels authorized to fish on 31 December may continue their fishing activities as from the
beginning of the following year, on the basis of this authorisation, until the new lists of
 vessels for the year in question have been approved by the Commission on behalf of the
 Community.
                                             5"
 ---pagebreak---                                          Article 7
This Regulation shall enter into force on 1 January 1997.
      This Regulation shall be binding in its entirety and directly applicable in all Member
       States.
       Done at Brussels,         December 1996.
                                                                             For the Council
                                                                               The President
                                               (o
 ---pagebreak---                                                                              ANNEX I
                                                            Norwegian catch quotas for 1997
                                                                                                            (in metric tonnes, fresh round weight)
                           Species                       Area within which fishing is authorized                             Quantity
     Mackerel                                         ICES Via (2), Vlld, e, f, h, lia                                                    10,100(6)
     Herring                                          ICES Via (2)                                                                        4,900
     Sprat                                            ICES IV                                                                            25,000
     Cod                                              ICES IV                                                                            10,550
     Haddock                                           ICES IV                                                                           15,000
     Saithe                                            ICES IV, Skagerrak(3)                                                             45,000
     Whiting                                          ICES IV                                                                              7,400
     Plaice                                           ICES IV                                                                              2,890
     Mackerel                                         ICES IV, Ilia                                                                       33,940(7)
     Sanded, Norway Pout, Blue                        IC£S                                                                                       (8)
     Whiting
     Blue Whiting                                      ICES II, IVa, Via (2), VIb, VII (4)                                              255,000(9)(10)
     Blue Ling                                        ICES IV, Vb, VI, VII, Ha                                                             1,000(11)(12)
     Ling, Tusk                                       ICES IV, Vb, VI, VII, Ha                                                           16,000(11)(12)
     Dogfish                                          ICES IV, VI, VII                                                                   1,100(13)
     Basking Shark (,)                                ICES IV, VI, VII                                                                      100
     Porbeagle                                        ICES IV, VI, VII                                                                      200
     Shrimp                                           ICES IV                                                                               300
     Other Species                                     ICES IV, Ha                                                                        5,000(14)
     Herring                                           ICES IVa, b                                                                       46,110
     Horse Mackerel                                    ICES IV                                                                            5,000
     Combined quota                                    ICES Vb, VI, VII                                                                     2,000(15) "
     Greenland-Halibut                                 ICES Ha, VI(5)                                                                      1,700
111
       Basking shark liver.
121
       North of 5 6 ° 3 0 ' N .
131
       Limited in the west by a line drawn from the Hanstholm lighthouse to the Lindesnes lighthouse and in the south by a line drawn from the Skagen
       lighthouse to the Tistlarna lighthouse and from there to the nearest coast of Sweden.
,4
   '   West of 1 2 ° 0 0 ' W .
151
       Taken w i t h long lines only in Sub-area V I .
161
       Of w h i c h 1 0 , 1 0 0 tonnes may be fished from 1 October to 31 December 1997 In Community waters in Division IVa.
171
       May be fished in Division IVa only, except for 3,000 tonnes which may be fished in Division Ilia.
181
       Of which sand-eel alone not more than 5 0 , 0 0 0 tonnes or Norway pout and blue whiting together not more than 5 0 , 0 0 0 tonnes. Up to 10,000 tonnes
       of the Norway pout quota may be fished in Division Via north of 5 6 ° 3 0 ' N . However, this quantity should be deducted from the quota of sandeel,
       Norway pout and blue whiting in Sub-area IV.
I9)
       Of which no more than 4 0 , 0 0 0 tonnes may be fished in Division IVa.
1101
       Of which up to 9,000 tonnes of Argentine may be fished.
1111
       Of which an incidental catch of other species of 2 5 % per ship, at any moment, is authorised in Sub-areas VI and VII. However, this percentage may
       be exceeded in the first 2 4 hours following the beginning of the fishing on a specific ground. The total incidental catch of other species in Sub-areas
       VI and VII shall not exceed 3,000 tonnes.
1121
       Of which ling may be a maximum of 13,000 tonnes, tusk a maximum of 7,000 tonnes and blue ling a maximum of 3,000 tonnes. Taken with long
       lines in Division Vb and Sub-areas VI and VII.
1131
       Including catches taken w i t h long lines of grey shark and black shark, bird beak dogfish, leafscale guiper shark, greater lantern shark, smooth lantern
       shark and Portuguese dogfish.
1141
       Including fisheries not specifically mentioned; exceptions may be introduced after consultations, as appropriate; catches of sole shall be limited to
       by-catches only.
1,51
       Taken w i t h long lines only; including rat tails, mora mora and greater fork beard.
                                                                               A
 ---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) of each species transhipped;
      2.3. the name, external identification letters and numbers of the vessel to or from which
           the transhipment occurred.
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.
                                               r
 ---pagebreak---                                          ANNEX III
1.   The information to be transmitted to the Commission of the European Communities and
     the timetable for its transmission are 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) 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 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 1.5;
     (b)   the quantity (in kilograms live-weight) of each species of fish in the hold;
     (c)   the quantity (in kilograms live-weight) of each species caught since the previous
           transmission;
     (d) the ICES division in which the catches were taken;
     (e) the quantity (in kilograms live-weight) of each species transferred to and/or from
           other vessels since the vessel entered the zone and the identification 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 zones referred to
     under 1.1 on a 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
     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 1.5;
     (b) the quantity (in kilograms live-weight) of each species caught since the previous
           transmission;
     (c) the ICES division in which the catches were made.
1.4. 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;
                                              9
 ---pagebreak---      (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 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.
3.   Name of radio station Call sign of radio station
     Skagen                    OXP
     Blâvand                   OXB
     R0nne                     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
      Torshavn                 OXJ
      Bergen                   LGN
      Farsund                  LGZ
      Flore                     LGL
      Rogaland                  LGQ
      Tj0me                    LGT
      Àlesund                  LGA
                                             /O
 ---pagebreak--- Form of the communications
The information specified under point 1 shall contain the following particulars, 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 which fishing is 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 divisions/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.
The code to be used to indicate the species on board as mentioned in 4 above:
PRA - Northern deep-water prawn (Pandalus borealis),
HKE - Hake (Merluccius merluccius),
GHL - Greenland halibut (Reinhardtius hippoglossoides),
COD - Cod (Gadus morhua),
HAD - Haddock (Melanogrammus aeglefinus),
HAL - Halibut {Hippoglossus hippoglossus),
MAC - Mackerel (Scomber scombrus),
HOM - Horse-mackerel (Trachurus trachurus),
RNG - Round-nose grenadier (Coryphaenoides rupestris),
POK - Saithe (Pollachius virens),
WHG - Whiting {Merlangus merlangus),
HER - Herring (Clupea harengus),
SAN - Sandeel (Ammodytes spp.),
SPR - Sprat (Sprattus sprattus),
PLE - Plaice (Pleuronectes platessa),
                                        11
 ---pagebreak--- NOP - Norway pout (Trisopterus esmarkii),
LIN - Ling (Molva molva),
PEZ - Shrimp (Panaeidae),
ANE - Anchovy (Engraulis encrasicholus),
RED - Redfish (Sebastes spp.),
PLA - American plaice (Hippoglossoides platessoides),
SQX - Squid (Illex spp.),
YEL - Yellowtail flounder (Limanda ferruginea),
WHB - Blue whiting (Micromesistius poutassou),
TUN - Tuna (Thunnidae),
BLI - Blue ling (Molva dypterygia),
USK - Tusk (Brosme brosme),
DGS - Dogfish (Squalus acanthias),
BSK - Basking shark (Cetorinhus maximus),
POR - Porbeagle (Lamma nasus),
SQC - Common squid (Loligo spp.),
POA - Atlantic pomfret (Brama brama),
PIL - Sardine (Sardina pilchardus),
CSH - Common shrimp (Crangon crangon),
LEZ - Megrim (Lepidorhombus spp.),
MNZ - Angler/Monk (Lophius spp.),
NEP - Norway lobster (Nephrops norvegicus),
POL - Pollack (Pollachius pollachius),
ARG - Argentine (Argentina sphyraena),
OTH - Other.
                                       U
 ---pagebreak---  ---pagebreak---                                                                   ISSN 0254-1475
                                                           COM(96) 694 final
                                             DOCUMENTS
EN                                                                  03 11 15
                                    Catalogue number : CB-CO-96-703-EN-C
                                                             ISBN 92-78-13738-3
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