CELEX: 51996PC0657
Language: en
Date: 1996-12-12
Title: Proposal for a COUNCIL REGULATION (EC) laying down for 1997 certain measures for the conservation and management of fishery resources applicable to vessels flying the flag of Lithuania

COMMISSION OF THE EUROPEAN COMMUNITIES
                                                 Brussels, 12.12.1996
                                                 COM(96) 657 final
                                 Proposal for a
                        COUNCIL REGULATION fEC)
laying down for 1997 certain measures for the conservation and management
     of fishery resources applicable to vessels flying the flag of Lithuania
                        (presented by the Commission)
 ---pagebreak---  ---pagebreak---                             EXPLANATORY MEMORANDUM
In conformity with the new framework Agreement on Fisheries Relations between the
European Community and the Republic of Lithuania, concluded on                              ,
consultations were held between the Community and Lithuania in Vilnius from 4 to 5
November 1996, resulting in an agreement on a reciprocal fisheries arrangement for 1997,
covering the fishing rights of each party in the zone of the other.
Taking into account that the annual consultations occurred prior to the ratification of the
Agreement on Fisheries Relations being terminated, the fisheries arrangement agreed for 1997
will only be implemented from the date of its entry into force.
The purpose of this proposal for a regulation is to authorise Lithuanian vessels to fish the
quotas allocated to them for 1997 in waters of the Community, in accordance with the above
mentioned reciprocal arrangement.
                                          £
 ---pagebreak---  ---pagebreak---                                            Proposal for a
                          COUNCIL REGULATION (EC) r
      laying down for 1997 certain measures for the conservation and management
            of fishery resources applicable to vessels flying the flag of Lithuania
 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 aquaculture0}, 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 the Agreement on Fisheries
 Relations between the European Community and the Republic of Lithuania(2), concluded on
                      , and in particular Articles 3 and 6 thereof, the Community and Lithuania
 have held consultations concerning their mutual fishing rights for 1997 and the management
 of common living 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 necessary measures should be taken to implement, for 1997, the results of the
consultations held with Lithuania;
 Whereas it is for the Council to lay down the specific conditions under which catches by
vessels flying the flag of Lithuania can be taken;
Whereas the fishing activities covered by this Regulation are subject to the control measures
provided for by Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a
control system applicable to the common fisheries policy*3*;
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, indicating the calibration of the tanks in cubic
metres at 10-centimetre intervals,
(1)
         OJ No L 389, 31.12.1992, p. 1.
(2)
        OJ  No C 284, 27.9.1996, p. 8.
(3)
        OJ  No L 261, 20.10.1993, p. 1.
(4)
        OJ  No L 132,21.5.1987, p. 9.
                                              3
 ---pagebreak--- HAS ADOPTED THIS REGULATION:
                                            Article 1
1.      From 1 January to 31 December 1997, vessels flying the flag of Lithuania are hereby
authorised 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 Baltic Sea. Fishing for cod is prohibited in the Baltic
Sea, the Belts and the Sound from 10 June to 20 August 1997 inclusive.
2.      Fishing authorised under paragraph 1 shall be limited 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 and south of 59°30' North.
3.      Notwithstanding paragraph 1, unavoidable by-catches of a species for which no quota
is established in a zone shall be permitted within the limits fixed in the conservation measures
in force in the zone concerned. . .
4.      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
1.      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 zone referred to in that
Article.
2.       The vessels shall keep a log-book in which the information set out in Annex II shall
be entered.
3.       The vessels 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 which have chilled or refrigerated sea-water tanks shall keep on board
a document, certified by a competent authority, indicating the calibration of the tanks in cubic
metres at 10-centimetre intervals.
5.       The registration letters and numbers of vessels must be clearly marked on the bow of
each vessel on both sides.
                                            Article 3
 1.      Fishing under the quotas fixed in Article 1 shall be permitted only where a licence and
 a special fishing permit has been issued by the Commission, on behalf of the Community, at
the request of the Lithuanian authorities and in compliance with the conditions set out in
 Annexes II and III. Copies of these Annexes and the licence and the special fishing permit
 shall be kept on board of each vessel.
                                             U
 ---pagebreak--- The vessels to be licensed for fishing in the Community zone during a given month will be
notified at the latest by the tenth day of the preceding month. The Community shall
expeditiously process requests for adjustments to a monthly list during its duration.
2.      When an application for a licence and a special fishing permit is submitted to the
Commission, the following information must be supplied:
(a)     name of 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 requested.
3.      Licences and special fishing permits shall be issued provided that the number of
licences valid at any time during a given month or year does not exceed the amount mentioned
in Annex I.
4.      Only fishing vessels under 43 metres are authorised to fish.
5.      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.
6.      Licences and special fishing permits may be cancelled with a view to the issuing 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.
7.      Licences and special fishing permits shall be wholly or partially withdrawn before the
date of expiry if the respective quotas fixed under Annex I have been exhausted.
8.      Licences and special fishing permits shall be withdrawn in the event of any failure to
meet the obligations laid down in this Regulation.
9.      For a period not exceeding twelve months, no licence and special fishing permit shall
be issued for any vessel in respect of which the obligations laid down in this Regulation have
not been met.
 10.    The Commission, on behalf of the Community, shall submit to Lithuania the names and
characteristics of Lithuanian 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.
                                              <r
 ---pagebreak---                                              Article 4
Vessels authorised to fish on 31 December may continue fishing as from the beginning of next
year until the list of vessels permitted to fish during the year in question is submitted to and
approved by the Commission on behalf of the Community.
                                             Article 5
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
                                              G
 ---pagebreak---                                               ANNEX I
                       Lithuanian catch quotas and licences for 1997
                 Fishing zone of the Members States of the Community
                           Area within which                    Quantity                 Number of
    Species
                          fishing is authorised                 (tonnes)                 Licences{3)
     Cod                        ICES IIId(1)                      2,000
    Herring                     ICES IIId(,)                      1,000
                                                                                          } 70 (62)
     Sprat                      ICES IIId(1)                      6,500
    Salmon                      ICES IIId(,)                     1,000(2)
(1)  Beyond 12-nautical-miles from the baselines from which the territorial sea is measured and south of
     59*30' North.
(2)
     Number of individual fish.
(3)
     The number of licences and special fishing permits valid at any given time is mentioned between
     brackets. In addition, a maximum of.four transport refrigerator vessels will be authorised in the herring
     and sprat fisheries, but no more than three vessels will be authorised at any given time.
                                                H
 ---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) or each species transhipped;
       2.3.    the name, external identifications letters and numbers of the vessel to or from
               which the transhipment occurred;
       2.4. transhipment of cod is not allowed.
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.
 ---pagebreak---                                         ANNEX III
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 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 live-weight) 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 zone 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 zone referred to
     under 1.1 on any 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
     zone referred to under 1.1 when fishing for herring, arid at weekly intervals,
     commencing on the seventh day after the vessel first enters the zone referred to under
      1.1 when fishing for all species other than herring:
     (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;
     (e)     the date, the time and the geographical position of the vessel.
 ---pagebreak--- 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
     Blâvand                          OXB
     Norddeich                        DAFDAK
                                      DAHDAL
                                      DAI DAM
                                      DAJDAN
     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
     Stockholm                        SÔJ
     Gryt                             (no call sign)
     Gôteborg                         SOG
     Rtfnne                           OYE
     Maarianhamina                   OHM
     Helsinki                        OHG
     Form of the 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;
                                           sLD
 ---pagebreak---           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 division/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.
5. The code to be used to indicate the species on board as mentioned in point 4 above:
   COD   -        Cod (Gadus morhua),
   SAL   -        Salmon (Salmo salar),
   HER   -        Herring (Clupea harengus),
   SPR   -        Sprat (Sprattus sprattus).
                                     ^M
 ---pagebreak---  ---pagebreak---  ---pagebreak---                                                                   ISSN 0254-1475
                                                           COM(96) 657 final
                                              DOCUMENTS
EN                                                                       03 11
                                    Catalogue number : CB-CO-96-670-EN-C
                                                             ISBN 92-78-13298-5
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