CELEX: 31987R3979
Language: en
Date: 1987-12-15 00:00:00
Title: Council Regulation (EEC) No 3979/87 of 15 December 1987 laying down for 1988 certain measures for the conservation and management of fishery resources applicable to vessels flying the flag of Norway

31 . 12 . 87                                    Official Journal of the European Communities                              No L 375 / 37
                                                COUNCIL REGULATION (EEC ) No 3979 / 87
                                                              of 15 December 1987
                    laying down for 1988 certain measures for the conservation and management of fishery
                                            resources applicable to vessels flying the flag of Norway
 THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                                   Whereas , pursuant to the terms of Article 3 of Regulation
                                                                             ( EEC ) No 170 / 83 , it is for the Council to fix the total
                                                                             catches allocated to third countries and to lay down the
                                                                             specific conditions under which such catches must be
                                                                             taken ;
 Having regard to the Treaty establishing the European
 Economic Community ,
                                                                             Whereas the fishing activities covered by this Regulation
                                                                             are subject to the relevant control measures provided for in
 Having regard to Council Regulation ( EEC) No 170 / 83 of                   Council Regulation (EEC ) No 2241 / 87 of 23 July 1987
 25 January 1983 establishing a Community system for the                     establishing certain control measures for fishing
conservation and management of fishery resources (*), as                     activities ( 4 );
 amended by the Act of Accession of Spain and Portugal ( 2 ),
 and in particular Article 11 thereof,                                       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
Having regard to the proposal by the Commission ,                            vessels ( 5 ) 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-cm
Whereas , in accordance with the procedure provided for in                   intervals ,
Articles 2 and 7 of the Fisheries Agreement between the
European Economic Community and the Kingdom of
Norway ( 3 ), the Community and Norway have held
consultations concerning mutual fishing rights in 1988 and
                                                                             HAS ADOPTED THIS REGULATION :
the management of common biological resources;
                                                                                                           Article 1
Whereas , in the course of these consultations , the
delegations agreed to recommend to their respective
authorities that certain catch quotas for 1988 should be                     1 . Vessels flying the flag of Norway are hereby authorized
fixed for the vessels of the other party ;                                  until 31 December 1988 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
Whereas the Agreement of 19 December 1966 between                           in the North Sea , Skagerrak , Kattegat, Baltic Sea and
Denmark, Norway and Sweden on reciprocal access to                          Atlantic Ocean north of 43°00 ' N.
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                2 . Fishing authorized under paragraph 1 shall be limited
four nautical miles from the baselines ;                                    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 ;
                                                                            however, fishing in the Skagerrak will be allowed seawards
Whereas the necessary measures should be taken to                           of 4 nautical miles from the Danish baselines .
implement, for 1988 , the results of the consultations held
between the delegations of the Community and Norway
and thus prevent any interruption of mutual fisheries                       3 . Fishing in the parts of ICES division III a bounded in
relations as at 31 December 1987 ;                                          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
H OJ No L 24 , 27 . 1 . 1983 , p. 1 .
( 2 ) OJ No L 302 , 15 . 11 . 1985 , p. 1 .                                 ( 4 ) OJ No L 207 , 29 . 7 . 1987 , p. 1 .
( 3 ) OJ No L 226 , 29 . 8 . 1980 , p. 48 .                                 ( 5 ) OJ No L 132 , 21 . 5 . 1987 , p. 9 .
 ---pagebreak--- No L 375 / 38                             Official Journal of the European Communities                                  31 . 12 . 87
from there to the nearest point on the Swedish coast shall           Community and must observe the conditions set out in the
not be subject to quantitative limitations , with the                licence .
exception of fishing for mackerel and saithe .
                                                                     2 . The Commission shall issue the fishing licences referred
                                                                     to in paragraph 1 to all vessels for which a licence is
4 . Notwithstanding paragraph 1 , unavoidable by-catches             required by the Norwegian authorities .
of species for which quota has been fixed in a given zone
shall be permitted within the limits laid down by the                3 . Each licence shall be valid for one vessel only . Where
conservation measures in force in the zone concerned .
                                                                     two or more vessels are taking part in the same fishing
                                                                     operation , each vessel must be in possession of a licence .
5 . By-catches, in a given zone, of a species for which a            4 . Licences shall be wholly or partially withdrawn before
quota is established in that zone shall be counted against           the date of expiry if the respective quotas fixed in Article 1
the quota concerned .                                                have been exhausted .
                                                                     5 . Licences shall be withdrawn in the event of any failure
                                                                     to meet the obligations laid down in this Regulation .
                             Article 2
                                                                     6 . For a period not exceeding 12 months , no licence shall
1 . Vessels fishing within the quotas fixed in Article 1 shall       be issued for any vessel in respect of which the obligations
comply with the conservation and control measures and all            laid down in this Regulation have not been met.
other provisions governing fishing in the zones referred to
in that Article .
                                                                     7 . Licences issued pursuant to Regulation (EEC ) No
                                                                     4029 / 86 (*) and valid on 31 December 1987 shall remain
                                                                     valid until 31 March 1988 at the latest , if so requested by
2 . The vessels referred to in paragraph 1 shall keep a              the Norwegian authorities .
log-book in which the information set out in Annex II shall
be entered .
                                                                                                  Article 4
3 . The vessels referred to in paragraph 1 , except for those        When an application for a licence is submitted to the
fishing in ICES division III a, shall transmit to the                Commission , the following information must be supplied :
Commission , in accordance with the rules laid down in
                                                                     ( a) name of the vessel ;
Annex III , the information set out in that Annex .
                                                                     ( b ) registration number ;
                                                                     (c) external identification letters and numbers ;
4 . Those vessels referred to in paragraph 1 which have
chilled or refrigerated sea-water tanks shall keep on board          (d) port of registration ;
a document certified by a competent authority and
specifying the calibration of the tanks in cubic metres at           (e) name and address of the owner or charterer;
10-cm intervals . Until 1 January 1990 , and in the absence
of such documents , the relevant certification shall be              (f) gross tonnage and overall length ;
established and signed by the vessel owner .
                                                                     ( g) engine power;
                                                                     (h ) call sign and radio frequency ;
5 . The registration letters and numbers of the vessels
referred to in paragraph 1 must be clearly marked on the             ( i) intended method of fishing;
bow of each vessel on both sides .
                                                                     ( j ) intended area of fishing;
                                                                     ( k) species for which it is intended to fish ;
                                                                     ( 1 ) period for which a licence is required .
                             Article 3
1 . When fishing in any ICES division under the quotas
fixed in Article 1 , vessels exceeding 200 GRT must keep on
board a licence issued by the Commission on behalf of the            (') OJ No L 376 , 31 . 12 . 1986 , p. 25 .
 ---pagebreak--- 31 . 12 . 87                           Official Journal of the European Communities                            No L 375 / 39
                          Article 5                                                         Article 7
Fishing within the quotas fixed in Article 1 for blue ling,       Where an infringement is duly established , Member States
ling and tusk, shall be permitted provided that use is made       shall without delay inform the Commission of the name of
of the method commonly known as 'long-lining' in ICES             the vessel involved and of any action they have taken .
division V b and sub-areas VI and VII .
                          Article 6
The use of trawls and purse seines for the capture of                                      Article 8
pelagic species shall be prohibited in the Skagerrak from
Saturday midnight to Sunday midnight .                            This Regulation shall enter into force on 1 January 1988 .
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States .
                 Done at Brussels , 15 December 1987 .
                                                                                   For the Council
                                                                                    The President
                                                                              Lars P. GAMMELGAARD
 ---pagebreak--- No L 375 / 40                                     Official Journal of the European Communities                                                31 . 12 . 87
                                                                          ANNEX I
                                                             Norwegian catch quotas for 1988
                                                                                                               (tonnes — fresh round weight)
                                                                            Area within which fishing                      Quantity
                                   Species                                         is authorized                           ( tonnes)
             Mackerel                                             ICES VI a (') + VII d , e , f, h + II a                 22 000
             Herring                                              ICES VI a 0 )                                            4 600 ( 2 )
             Sprat                                                ICES IV                                                   5 000
             Cod                                                  ICES IV                                                  7 000
             Haddock                                              ICES IV                                                 12 000
             Saithe                                               ICES IV and Skagerrak ( 3 )                             60 000
             Whiting                                              ICES IV                                                   8 000
             Plaice                                               ICES IV                                                  2 300
             Mackerel                                             ICES IV , III a                                        36 200 (»)
             Sand-eel , Norway pout ,
             blue whiting                                         ICES IV                                                 50 000 («)
             Blue whiting                                         ICES II , IV a , VI a (»), VI b , VII ( 5 )           250 000 ( s )( 12 )
             Blue ling                                            ICES IV , V b , VI , VII , II a                           1 000 ( 7 )
            Ling and tusk                                         ICES IV , V b , VI , VII , II a                         26 000 ( 7 ) ( 8 )
             Dogfish                                              ICES IV , VI , VII -                                         800
            Basking shark ( 9 )                                   ICES IV , VI , VII                                           400
            Porbeagle                                             ICES IV , VI , VII                                           200
            Shrimp                                                ICES IV                                                       50
            Other species                                         ICES IV , II a                                           5 000
            Herring                                               ICES IV a , b                                         53 000 ( 10 )
              (') North of 56°30 ' N.
              ( 2) This allocation will be reviewed in the light of the TAC adopted for this stock .
              ( 3 ) Limited in the west by a line drawn from the lighthouse of Hanstholm to the lighthouse of Lindesnes and in the south by a
                    line drawn from Skagen lighthouse to the lighthouse of Tistlarna and from there to the nearest coast of Sweden .
              ( 4 ) Of which sand-eel alone not more than 50 000 tonnes or Norway pout and blue whiting toether not more than 40 000
                    tonnes . Up to 10 000 tonnes of the Norway pout quota may be fished in ICES VI a north of 56°30 ' N. However , this
                    quantity should be deducted from the quota of sand-eel , Norway pout and blue whiting in ICES IV .
              (5)   West of 12°00' W.
              (6)   Of which no more than 40 000 tonnes may be fished in ICES division IV a .
              (7)   Of which an incidental catch of other species of 20 % per ship , at any moment , is authorized in ICES sub-areas VI
                    and VII . However, this percentage may be exceeded in the first 24 hours following the beginning of the fishing on a
                    specific ground . The total incidental catch of other species in VI and VII should not exceed 2 500 tonnes.
              (8)   Of which ling may be a maximum of 20 000 tonnes and tusk a maximum of 10 000 tonnes .
              (9)   Basking shark liver .
            ( 10 )  An additional 10 000 tonnes will be granted if such an increase is called for.
            (")     Of which no more than 3 500 tonnes may be fished south of 59° N , in a coastal fishery .
            ( 12 )  Catches of blue whiting may incluse unavoidable by-catches of argentine.
                                                                         ANNEX II
            The following details are to be entered in the logbook after each haul when fishing within the 200-nautical-mile
            fishing zone off the coasts of the Member States of the Community which is covered by exclusive Community
            rules on fisheries :
            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 III .
 ---pagebreak--- 31 . 12 . 87                                   Official Journal of the European Communities                                      No L 375 / 41
                                                                    ANNEX III
            1.    The information to be transmitted to the Commission and the timetable for its transmission are as follows :
           1.1 .  On each occasion the vessel enters the 200-nautical-mile fishing zone off the coasts of the Member States of the
                  Community :
                  (a) the information specified under 1.4 ;
                  ( b) the quantity (in kilograms) of each species of fish in the hold;
                  (c) the date and ICES sub-area within which the master intends to commence fishing.
                  Where the fishing operations necessitate more than one entry into the zones referred to under 1.1 on a given
                  day, one communication shall suffice on first entry .
           1.2 .  On each occasion the vessel leaves the zone referred to under 1.1 :
                  ( a ) the information specified under 1.4;                                                             '
                  (b) the quantity (in kilograms) of each species of fish in the hold ;
                  (c) the quantity ( in kilograms) of each species caught since the previous transmission;
                  ( d) the ICES sub-area in which the catches were taken ;
                  (e) the quantity ( in kilograms) of each species transferred to other vessels since the vessel entered the zone and
                        the identification of the vessel to which the transfer was made;
                 (f) the quantity ( in kilograms) of each species landed in a port of the Community since the vessel entered the
                        zone .
           1.3 . At three-day intervals, commencing on the third day after the vessel first enters the zones referred to under 1.1
                 when fishing for herring and mackerel , and at weekly intervals , commencing on the seventh day after the vessel
                 first enters the zones referred to under 1.1 when fishing for all species other than herring and mackerel:
                 ( a ) the information specified under 1.4 ;
                 ( b) the quantity ( in kilograms) of each species caught since the previous transmission ;
                 ( c) the ICES 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 24 189 FISEU-B) via one of the radio stations listed under point 3 below and in the form
                 specified under point 4.
           2.2 . If it is impossible for reasons of force majeure for the message to be transmitted by the vessel , it may be
                 transmitted on the vessel's behalf by another vessel .
           3.    Name of radio station                            Call sign of radio station
                 Skagen                                           OXP
                 Blåvand                                          OXB
                 Rønne                                            OYE
                 Norddeich                                        DAF DAK
                                                                  DAH DAL
                                                                 DAI DAM
                                                                 DAJ DAN
                 Scheveningen                                    PCH
                 Oostende                                        OST
                 North Foreland                                  GNF
                 Humber                                          GKZ
                 Cullercoats                                     GCC
                 Wick                                            GKR
 ---pagebreak--- No L 375 / 42                           Official Journal of the European Communities                                       31 . 12 . 87
              Portpatrick                                 GPK
              Anglesey                                    GLV
              Ilfracombe                                  GIL
              Niton                                       GNI
              Stonehaven                                  GND
              Portishead                                  GKA
                                                          GKB
                                                          GKC
              Land's End                                  GLD
              Valentia                                    EJK
              Malin Head                                  EJM
              Boulogne                                    FFB
              Brest                                       FFU
              Saint-Nazaire                               FFO
              Bordeaux-Arcachon                           FFC
              Thorshavn                                   OXJ
              Bergen                                      LGN
              Farsund                                     LGZ
              Floro                                       LGL
              Rogaland                                    LGQ
              Tjøme                                       LGT
              Alesund                                     LGA
        4.    Form of the communications
              The information specified under point 1 concerning the fishing operations in the zones referred to under 1.1
              shall contain the following 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 geographical position ,
              — the ICES sub-area in which fishing is expected to commence ,
              — the date on which fishing is expected to commence ,
              — the quantity (in kilograms) of each species of fish in the hold using the code mentioned in point 5 ,
              — the ICES division in which the catches were made ,
              — the quantity (in kilograms) of each species transferred to other vessels since the previous transmission ,
              — the name and call sign of the vessel to which the transfer was made ,
              — the quantity (in kilograms) of each species landed in a port of the Community since the previous
                  transmission ,
              — the name of the master .
        5.    The code to be used to indicate the quantities of fish on board as mentioned in point 4 above:
              — A.       Deep-water prawn (Pandalus borealis),
              — B.       Hake (Merluccius merluccius),
              — C.       Greenland halibut (Reinhardtius hippoglossoides),
              — D.       Cod (Gadus morhua),
              — E.       Haddock (Melanogrammus aeglefinus),
              — F.       Halibut (Hippoglossus hippoglossus),
              — G.       Mackerel (Scomber scombrus),
              — H.       Horse mackerel (Trachurus trachurus),
 ---pagebreak--- 31 . 12 . 87                       Official Journal of the European Communities No L 375 / 43
             — I.   Round-nose grenadier (Coryphaenoides rupestris),
             — J.   Saithe (Pollachius virens),
             — K.   Whiting (Merlangus merlangus),
             — L.   Herring (Clupea harengus),
             — M.   Sand-eel (Ammodytes spp .),
             — N.   Sprat (Clupea sprattus),
             — O.   Plaice (Pleuronectes platessa),
             — P.   Norway pout (Trisopterus esmarkii),
             — Q.   Ling (Molva molva),
             — R.   Other ,
             — S.   Shrimp (Penaeidae),
             — T.   Anchovy (Engraulis encrasicholus),
             — U.   Redfish (Sebastes spp .),
             — V.   American plaice (Hypoglossoides platessoides),
             — W.   Squid (Illex spp .),
             — 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 (Cetorhindae),
             — EE . Porbeagle (Lamma nasus),
             — FF.  Squid loglio (Loligo vulgaris),
             — GG . Ray's bream (Brama brama),
             — HH . Sardine (Sardina pilchardus),
             — II . Common shrimp (Crangon crangon),
             — JJ . Megrim (Lepidorhombus),
             — KK . Angler / Monk (Lophius spp .),
             — LL.  Norway lpbster (Nephrops norvegicus),
             — MM. Pollack (Pollachius pollachius).