CELEX: 51993PC0611(01)
Language: en
Date: 1993-11-26
Title: Proposal for a COUNCIL REGULATION (EEC) allocating for 1994 catch quotas between Member States for vessels fishing in Estonian waters

COMMISSION OF THE EUROPEAN COMMUNITIES
                                                            COM(93) 611 final
                                                            Brussels, 26 November 1993
mk^.„
                                           Proposal for a
                                COUNCIL REGULATION (EEC)
               allocating for 1994 catch quotas between Member States for vessels
                                    fishing in Estonian waters
                                           Proposal for a
                                COUNCIL REGULATION (EEC)
         laying down for 1994 certain measures for the conservation and management of
                 fishery resources applicable to vessels flying the flag of Estonia
                                  (presented by the Commission)
 ---pagebreak---                                  i
                         EXPLANATORY MEMORANDUM
Consultations between the Community and Estonia, held in Tallinn on 11-
12 October 1993, have resulted in an agreement defining reciprocal
fisheries arrangements for 1994. These arrangements provide, inter
alia, for certain catch quotas for Community vessels in the Estonian
fishing zone.
The purpose of this proposal for a regulation is to allocate among the
Member States the quotas available in 1994 to Community vessels fishing
in the Estonian zone under the above mentioned arrangements.
The proposed allocation among Member States of quotas for herring,
sprat and salmon has been based on the key used for allocations outside
Community waters in the Baltic Sea. The allocation for cod has been
based on the 1983 key used inside Community waters - giving a slightly
higher share to Germany - in order to take account of catches
previously made by the former German Democratic Republic in the ex-USSR
fishing zone in the Baltic Sea.
The proposal also provides for the payment of a financial compensation
of ECU 343.614 in accordance with article 7 of the framework agreement,
and a financial contribution of ECU 35,000 for the promotion of the
setting up of joint ventures, as foreseen under article 8 of the
framework agreement.
 ---pagebreak---                               Proposal for a
                       COUNCIL REGULATION (EEC) No      /..
                              of                1993
             allocating, for 1994, catch quotas between Member States
                      for vessels fishing in Estonian waters
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 3760/92 of 20 December 1992
establishing a Community system for fisheries and aquaculture(^), 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 Fisheries
Agreement between the European Economic Community and the Government of
Estonia(^), and in particular Articles 3 and 6 thereof, the Community and
Estonia have held consultations concerning their mutual fishing rights for 1994
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 1994
should be fixed for the vessels of the other Party;
Whereas the necessary measures should be taken to implement, for 1994, the
results of the consultations held between the delegations of the Community and
Estonia;
Whereas to ensure efficient management of the catch possibilities available in
Latvian waters, they should be allocated among the Member States as quotas in
accordance with Article 8 of Regulation (EEC) No 3760/92;
Whereas the fishing activities covered by this Regulation are subject to the
relevant 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(*);
f1)  OJ  No L 389, 31.12.1992, p. 1.
(2)   OJ  No L 56, 09.03.1993, p. 1.
(3)   OJ  No L 207, 29.07.1987, p. 1.
(4)   OJ  No L 261, 20.10.1993, p. 1.
 ---pagebreak--- HAS ADOPTED THIS REGULATION
                                   Art icle 1
From 1 January to 31 December 1994 vessels flying the flag of a Member State
are hereby authorised to make catches within the quota limits set out in the
Annex in waters falling within the fisheries jurisdiction of Estonia.
                                   Art icle 2
1.   The financial contribution provided for in Article 7 of the Agreement
shall be set for the period referred to in Article 1 at ECU 343.614, payable to
an account designated by Estonia.
2.   The financial contribution provided for in Article 8 of the Agreement
shall be set for the period referred to in Article 1 at ECU 35,000, payable to
an account designated by Estonia.
                                   Art icle 3
This Regulation shall enter into force on the 1 January 1994
This Regulation shall be binding in its entirety and directly applicable in alt
Member States.
Done at Brussels,
                                              For the Counci
                                               The President
 ---pagebreak---                              5"
                              ANNEX
Allocation of Community catch quotas in Estonian waters for 1994
              (in metric tonnes fresh round weight;
             for salmon: numbers of individual fish)
 Species     ICES Division      Community       Quotas allocated
                               Catch Quotas     to Member States
 Cod             III d               300        Denmark   210
                                                Germany    90
 Herring         III d              5000        Denmark  2850
                                                Germany  2150
 Salmon          III d              3000<1>     Denmark  2700<1)
                                                Germany   300(*)
 Sprat           III d            10000         Denmark  7900
                                                Germany  2100
 (!) Numbers of individual fish
 ---pagebreak---                                   <r
                        EXPLANATORY MEMORANDUM
In accordance with the framework fisheries agreement, consultations
were held between the Community and Estonia in Tallinn on 11-12 October
1993, resulting in an agreement on reciprocal fisheries arrangements
for 1994, covering the fishing rights of each party in the zone of the
other.
The purpose of this proposal for a regulation is to authorise Estonian
vessels to fish the quotas allocated to them for 1994 in Community
waters, in accordance with the above mentioned reciprocal arrangements.
 ---pagebreak---                                          Proposal for a
                               COUNCIL REGULATION (BBC) HO ..../..
                                      of                1993
           laying down for 1994 certain measures for the conservation and management
              of fishery resources applicable to vessels flying the flag of Estonia
     THE COUNCIL OF THE EUROPEAN COMMUNITIES,
     Having regard to the Treaty establishing the European Economic Community,
      Having regard to Council Regulation (EEC) No 3760/92 of 20 December 1992
      establishing a Community system for fisheries and aquaculturet1), 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 Fisheries
      Agreement between the European Economic Community and the Government of
      Estonia( 2 ), and in particular Articles 3 and 6 thereof, the Community and
      Estonia have held consultations concerning their mutual fishing rights for 1994
      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 1994
      should be fixed for the vessels of the other Party;
      Whereas the necessary measures should be taken to implement, for 1994, the
      results of the consultations held between the delegations of the Community and
      Estonia;
      Whereas it is for the Council to lay down the specific conditions under which
      catches by vessels fiying the flag of Estonia must be taken;
      Whereas the fishing activities covered by this Regulation are subject to the
      control measures provided for by Council Regulation No 2847/93 of 12 October
      1993 establishing a control system appliable 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 and
      specifying the calibration of the tanks in cubic metres at 10-centimetre
      intervals;
      (!)     OJ No L 389, 31.12.1992, p. 1.
      (2)     OJ No L 56, 09.03.1993, p. 1.
      (3)      OJ No L 261, 20.10.1993, p. 1.
      <4)     OJ No L 132, 21.05.1987, p. 2.
A2/doyle/EST/REG-93/93-2
 ---pagebreak---                                         s
HAS ADOPTED THIS REGULATION:
                                   Article i
1. From 1 January to 31 December 1994 vessels flying the flag of Estonia 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.
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.
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 zones referred to in that Article.
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 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 specifying the calibration of the tanks in cubic metres at 10-
centimetre 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. Fishing within ICES sub-area III division d under the quotas fixed in
Article 1 shall be permitted only where a licence has been issueîd by the
Commission on behalf of the Community at the request of the Estonian
authorities and in compliance with the conditions set out in Annexes II and
III. Copies of these Annexes and the licence shall be kept on board of each
vessel.
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 process expeditiously requests for adjustments to a monthly
 list during its currency.
 ---pagebreak---                                     <3
2.   Licences shall b- issued for the purposes of paragraph "" provided that the
number of licences valid at any time during a given month does not exceed:
     20 for the fishing of cod;
     12 for the fishing of herring and sprat.
Only fishing vessels under 40 metres will be authorized.
3.   When an application for a licence 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;
(9   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.
4.   Each licence 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.
5.   Licences may be cancelled with a view to the issue of new licences. Such
cancellations shall take effect on the day before the date of issue of the new
licences by the Commission. New licences shall take effect from their date of
issue.
6.   Licences shall be wholly or partially withdrawn before the date of expiry
if the respective quotas fixed in Article 1 have been exhausted.
7.   Licences 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 shall be issued for any
vessel in respect of which the obligations laid down in this Regulation have
not been met.
9.   Vessels authorised to fish on 31 December may continue fishing as from the
beginning of next year until the lists of vessels permitted to fish during the
year in question are submitted to and approved by the Commission on behalf of
the Community.
 ---pagebreak---                                        yiO
                                    Art i cle 4
Where an infringement is duly found to have taken place, the Member States
shall without deî^y inform the Commission of the name of the vessel concerned
and of any action they have taken.
The Commission shall submit, on behalf of the Community, to Estonia the names
and characteristics of the Estonian vessels which will not be authorised to
fish in the Community's fishing zone for the next month(s) as a consequence of
an infringement of Community rules.
                                    Art icle 5
This Regulation shall enter into force on the 1 January 1994
This Regulation shall be binding in its entirety and directly applicable in a
Member States.
Done at Brussels,
                                                For the CounciI
                                                 The President
 ---pagebreak---                      ^M
                    ANNEX I
        Estonian catch quotas for 1994
Species       Area within which        Quantity
            fishing is authorised      (Tonnes)
Cod              ICES III d               300
Herring          ICES III d              2000
Sprat            ICES III d              2000
 ---pagebreak---                                                                At
                                                             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.
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:
•'-•. \ „   <:!, ,...;: z ' u \ u;;.r:.3 o f -;.hî"! tr a:isn.\:i^'iu.' .-
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---                                   A2>
                                 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
     zones 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,
     and 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.
 ---pagebreak---                                      AL
                                        i
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.
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
       Blavand                                OXB
       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                          I
       Saint-Nazaire                          FFO
       Bordeaux-Arcachon                      FFC
       Stockholm                              SOJ
       Goteborg                               SOG
       Ronne                                  OYE
                                                                                   r
     "                                                                          •-   \
4.     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;              *
 ---pagebreak---                                  A*C
       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 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 (Gadu morhua),
   SAL   -  Salmon (Salmo Salar),
   HER   -  Herring (Clupea harengus),
   SPR   -  Sprat {Sprattus sprattus).
 ---pagebreak--- •\ <
                                                                                 46
                         F I N A N C I A L             S T A T        K M K N T
                                                                                                               Datx*            /1993
1. IKxiget l i n e c o n n e c t e d     :   (37 -    800
2. Action -.           Fisheries           Arrangement           EEC-Estonia              f o r 1994
3. Legal basis :               Fisheries        Agreement E E C - E s t o n i a - OJ No L 5 6 , 9 / 3 / 1 9 9 3 , Page 1
4- O b j e c t i v e s :       To o b t a i n f i s h i n g quotas f o r Community v e s s e l s i n the E s t o n i a n
                               F i s h i n g Zone, and c o n t r i b u t i o n f o r t h e e s t a b l i s h m e n t o f J o i n t
                               Ventures.
5- F i n a n c i a l consequence :                        fox t h e marketing year c u r r e n t f i n a n c i a l year following f i n a n c i a l year
                                                                                                              (1994
5-0 Expenditure
                                                                                                                          ECU
       -charged t o t h e EC budget                                                                     3 7 8 . 614'
        ( r efunds/i liter v e n t i ons )
       -charged t o n a t i o n a l adrrunistr.
       -charged t o other n a t i o n a l groups
5-1 Receipts
       -own r e s o u r c e s of t h e EC
         ( levies/customs duties)
       -national
 5.2 Method o f c a l c u l a t i o n
        Compensation f o r f i s h quotas ( A r t i c l e                         7)                                                  343.614ECU
        C o n t r i b u t i o n under A r t i c l e 8                                                                                 _35 .p_qp ECU
                                                                                                                                      378.614ECU
 6 . 0 Financing p o s s i b l e w i t h c r e d i t s i n s c r i b e d i n r e l e v a n t c h a p t e r o f c u r r e n t budget?             YEStn
 6 . 1 Fixancing p o s s i b l e by t r a n s f e r bet»een c h a p t e r s o f c u r r e n t budget?                                            YES1I1
 6.2 Necessity for a supplementary budget?                                                                                                      ME/NO
 6-3 C r e d i t s t o be w r i t t e n i n t o future budgets?                                                                                  YESiM
 Cfcrnnents :             The financial compensation has been negotiated on the basis of
          average landing prices in 1992 in Baltic Community ports. Deduction has
          been made for estimated exploitation costs for each of the species.
          The financial contribution under Article 8 of the Framework Agreement
           has been calculated on the basis of 10% of the value of the financial
           compensation under Article 7.
 ---pagebreak---                                              Af '                    ISSN 0254-1475
                                                              COM(93) 611 final
                                                      DOCUMENTS
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                                 Catalogue number : CB-CO-93-650-EN-C
                                                             ISBN 92-77-61851-5
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