CELEX: 31986R4037
Language: en
Date: 1986-12-22 00:00:00
Title: Council Regulation (EEC) No 4037/86 of 22 December 1986 laying down for 1987 certain measures for the conservation and management of fishery resources applicable to vessels flying the flag of Sweden

31 . 12 . 86                                 Official Journal of the European Communities                                No L 376 / 85
                                              COUNCIL REGULATION (EEC) No 4037 / 86
                                                           of 22 December 1986
                   laying down for 1987 certain measures for the conservation and management of fishery
                                          resources applicable to vessels flying the flag of Sweden
 THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                                 of three nautical miles from the coast and in certain parts
                                                                           of Oresund and the Baltic Sea up to the base-lines , without
                                                                           quantitative limitations ,
 Having regard to the Treaty establishing the European
 Economic Community,
                                                                           HAS ADOPTED THIS REGULATION :
 Having regard to Council Regulation (EEC) No 170 / 83 of
25 January 1983 establishing a Community system for the
 conservation and management of fishery resources ( 1 ), and                                          Article 1
 in particular Article 1 1 thereof,
                                                                           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 the proposal from the Commission ,                        Sea , Skagerrak, Kattegat , the Baltic Sea and the Atlantic
                                                                           Ocean north of 43°00 ' N shall be authorized until
Whereas, in accordance with the procedure provided for by                  31 December 1987 for the species referred to in Annex I
the Fisheries Agreement between the European Economic                      within the geographical and quantitative limits laid down
Community and the Government of Sweden ( 2 ), and in                       therein and in accordance with the provisions laid down in
particular Articles 2 and 6 thereof, the Community and                     this Regulation .
Sweden have held consultations concerning their mutual
fishing rights for 1987 and the management of common
biological resources ;                                                     2. Notwithstanding the provisions of paragraph 1 , fishing
                                                                           by vessels flying the flag of Sweden is authorized without
                                                                           quantitative limits in the Skagerrak , Kattegat and
Whereas , in the course of these consultations , the                       0resund .
delegations agreed to recommend to their respective
authorities the fixing of certain fishing quotas for 1987 for
the vessels of the other party ;                                           3 . For the purposes of this Regulation:
                                                                           — the Skagerrak is the area limited in the west by a line
Whereas , under the terms of Article 3 of Regulation ( EEC )                    drawn from the lighthouse of Hanstholm to the
No 170 / 83 , it is incumbent upon the Council to establish                     lighthouse of Lindesnes and in the south .by a line
the total catches allocated to third countries and also the                     drawn from the Skagen lighthouse to the lighthouse of
specific conditions under which the catches must be                             Tistlarna and from there to the nearest coast of
made ;                                                                          Sweden ,
                                                                          — the Kattegat is the area limited in the north by a line
Whereas the Agreement of 19 December 1966 between                               drawn from Skagen lighthouse to the lighthouse of
Denmark, Norway and Sweden on mutual access to fishing                          Tistlarna and from there to the nearest coast of Sweden
in Skagerrak and Kattegat provides that each Party shall                        and in the south by a line drawn from Hasenore Head
grant access to fishing by vessels of the other Parties within                  to Gniben Point, from Korshage to Spodsbjerg , and
its fishing zone in Skagerrak and part of Kattegat seawards                     from Gilbjerg Head to the Kullen ,
of four nautical miles from the base-lines , without
quantitative limitations ;
                                                                          — 0resund is the area limited in the north by a line drawn
                                                                                from Gilbjerg Point to the Kullen and in the south by a
Whereas the Convention of 31 December 1932 between                              line drawn from the lighthouse of Stevns to the
Denmark and Sweden concerning fishing conditions in the                         lighthouse of Falsterbo .
maritime waters bordering on both Parties provides that
each Party shall grant access to fishing by vessels of the                4 . Fishing authorized under paragraphs 1 and 2 shall be
other Party within its fishing zone in the Kattegat seawards              limited to the parts of the 200-nautical-mile fishing zone
                                                                          lying seawards of 12 nautical miles from the base-lines
                                                                          from which the fishing zones of Member States are
                                                                          measured , with the following exceptions :
(») OJ No L 24, 27 . 1 . 1983 , p . 1 .                                   ( a ) fishing in Skagerrak is authorized seawards of four
(2) OJ No L 226 , 29 . 8 . 1980 , p . 1 .                                         nautical miles from the base-lines of Denmark :
 ---pagebreak--- No L 376 / 86                             Official Journal of the European Communities                                   31 . 12 . 86
(b ) fishing in Kattegat is authorized seawards of three             — 44 for fishing cod and herring in the Baltic Sea,
      nautical miles from the coast of Denmark;                      — 37 for fishing herring and mackerel in ICES divisions
                                                                          IV a and b ,
(c) fishing in the Baltic Sea is authorized seawards of              — 13 for fishing cod , haddock , whiting and 'others' in
      three nautical miles from the base-lines of Denmark;                 ICES sub-area IV .
(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              (g) engine power;
quota is established in that zone shall be counted against
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              4 . Each licence shall be valid for one vessel only . When
 referred to in that Article .                                        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         5 . Licences may be cancelled with a view to issuing new
 in which the information specified in Annex III is to be             licences . Cancellation shall take effect from the date of the
 entered .                                                            surrender of the licence to the Commission . New licences
                                                                      shall take effect from the first of the month following that
                                                                      in which they are issued.
  3 . Vessels referred to in paragraph 1 shall transmit to the
  Commission , according to the rules set out in Annex IV ,
  the information specified in that Annex .                                                      Article 4
                                                                      The competent authorities of the Member States shall take
                                                                      appropriate steps , including the regular inspection of
 4 . The registration letters and numbers of the vessels
                                                                      vessels , to ensure that this Regulation is enforced.
  referred to in paragraph 1 must be clearly marked on the
  bow of the vessels on both sides .
                                                                                                 Article 5
                                                                      Where an infringement is duly found to have taken place ,
                            Article 3                                  the Member States shall , without delay , inform the
                                                                       Commission of the name of the vessel involved and of any
  1 . Fishing within ICES sub-areas IV and VI and ICES                 action they have taken .
 divisions III c and d under the quotas established in
 Article 1 shall be permitted only where a licence issued by
                                                                                                  Article 6
  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 .                     This Regulation shall enter into force on the day of its
                                                                       publication in the Official Journal of the European
                                                                       Communities .
  2 . Licences shall be issued for the purposes of paragraph 1
  subject to the condition that the number of licences valid at        It shall apply with effect from 1 January to 31 December
  any time during a given month shall not exceed :                     1987 .
                                                                                                                                     /
 ---pagebreak--- 31 . 12 . 86                      Official Journal of the European Communities                      No L 376 / 87
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States .
             Done at Brussels, 22 December 1986 .
                                                                               For the Council
                                                                                The President
                                                                                  G. SHAW
 ---pagebreak--- No L 376 / 88                                Official Journal of the European Communities                                         31 . 12 . 86
                                                                   ANNEX I
                                                                Fishing quotas
                                                                      Area within which                      Quantity
                                 Species                             fishing is authorized                    (tonnes)
             Cod                                          ICES III c , d                                        500
                                                          ICES IV                                               150 0 )
             Haddock                                      ICES IV                                               400
             Whiting                                      ICES IV                                                20 (»)
             Herring                                      ICES III c, d                                      2 130
                                                          ICES IV a , b                                      1 600
             Mackerel                                     ICES IV a , b                                         300
             Others                                       ICES IV                                               150
             (') These quotas may be interchanged .
                                                                   ANNEX 11
              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 . 86                                    Official Journal of the European Communities                                   No L 376 / 89
                                                                   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 , commercing 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
                  Skagen                                          OXP
                  Blåvand                                         OXB
                  Norddeich                                       DAF DAK
                                                                  DAH DAL
                                                                  DAI DAM
                                                                  DAJ DAN
 ---pagebreak--- No L 376 / 90                          Official Journal of the European Communities                                        31 . 12 . 86
              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
              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 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 ,
              — 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),
 ---pagebreak--- 31 . 12 . 86                       Official Journal of the European Communities No L 376 / 91
             — 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),
             — 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 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).