CELEX: 51997PC0145
Language: en
Date: 1997-04-10
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 the Russian Federation

COMMISSION OF THE EUROPEAN COMMUNITIES
                                                      Brussels, 10.04.1997
                                                      COM(97)145 final
                                      Proposal for a
                           COUNCIL REGULATION fEO
laying down, for 1997. certain measures for the conservation and management of fishery
        resources applicable to vessels flying the flag of the Russian Federation
                             (presented by the Commission)
 ---pagebreak---  ---pagebreak---                         EXPLANATORY MEMORANDUM
In accordance with the Act of Accession of Austria, Finland and Sweden, the fisheries
agreements concluded by these countries with third countries shall be managed by the
Community.
On the basis of the bilateral Fisheries Agreement concluded between the Russian
Federation and Sweden in 1992, the Community, on behalf of Sweden, held consultations
with the Russian Federation which resulted in a reciprocal Fisheries Arrangement for
1997.
The purpose of this proposal for a regulation is to authorise Russian vessels to fish the
quotas allocated to them for 1997 in Community waters, in accordance with the above
mentioned reciprocal arrangements.
                                         £
 ---pagebreak---                                        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 the Russian Federation
THE COUNCIL OF THE EUROPEAN UNION,
I laving regard to the Treaty establishing the liuropean Community,
Having regard to Council Regulation (EEC) No 3760/92 of 20 December 1992
establishing a Community system for fisheries and aquaculture l, 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 Article 124 of the Act of Accession of Austria, Finland and
Sweden, fisheries agreements concluded by the Kingdom of Sweden with third countries
are managed by the Community;
Whereas, in accordance with the procedure provided for in Article 3 of the agreement on
fisheries of 11 December 1992 concluded between the Government of the Kingdom of
Sweden and the Government of the Russian Federation, the Community, on behalf of the
Kingdom of Sweden, held consultations with the Russian Federation concerning their
mutual fishing rights for 1997;
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 the Russian Federation;
Whereas it is for the Council to lay down the specific conditions under which catches by
vessels flying the flag of the Russian Federation must be taken;
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 policy2;
1
       OJ No L 389, 31.12.1992, p. 1
2
       OJ No L 261,20.10.1993, p. 1
 ---pagebreak--- Whereas Article 3 (2) of Commission Regulation (EEC) No 1381/87 of 20 May 1987
establishing detailed rules concerning the marking and documentation of fishing vessels 3
provides that all vessels with chilled or refrigerated sea-water tanks are to keep on board
a document certified by a competent authority and indicating the calibration of the tanks
in cubic metres at 10-centimetre intervals,
HAS ADOPTED THIS REGULATION:
                                           Article 1
1.     From 1 January to 31 December 1997, vessels flying the flag of the Russian
       Federation 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 authorized 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. Vessels fishing within the Baltic Sea shall also
       comply with the Fishery Rules of the International Baltic Sea Fishery Commission,
        as amended during the 22nd session.
 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 and indicating the calibration
        of the tanks in cubic metres at 10-centimetre intervals.
        OJNoL 132,21.5.1987, p. 9
                                                h
 ---pagebreak--- 5. The registration letters and numbers of the vessels must be clearly marked on the
   bow of each vessel on both sides.
                                        Article 3
1. Vessels fishing for the species listed in Annex I must hold a licence and special
   fishing permit issued by the Commission on behalf of the Community and must
   observe the conditions as established by that licence and special fishing permit.
   The Russian authorities shall notify to the Commission the name and characteristics
   of the vessels for which licences and special fishing permits may be issued.
2. The Commission shall issue the fishing licences and special fishing permits referred
   to in paragraph 1 to all vessels for which a licence and special fishing permit is
   required by the Russian authorities.
   Requests for amendments to the list of vessels licensed may be made at any time
   and shall be processed expeditiously.
3. When an application for a licence and 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 and a special fishing permit are requested.
4. Licences and special fishing permits shall be issued provided that the number of
   licences and special fishing permits valid at any time during a given month or year
   does not exceed the amounts mentioned in Annex I.
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 canceled with a view to the issue of
   new licences and special fishing permits. Such cancellations shall take effect on the
   day before the date of issue of the new licences and special fishing permits by the
   Commission. New licences and special fishing permits shall take effect from their
   date of issue.
                                         cT
 ---pagebreak--- 7.    Licences and special fishing permits shall be wholly or partially withdrawn before
      the date of expiry if the respective quotas fixed in Article 1 have been exhausted.
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 12 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 shall submit, on behalf of the Community, to the Russian
      authorities the names and characteristics of Russian vessels which will not be
      authorized to fish in the Community's fishing zone for the next month(s) as a
      consequence of an infringement of Community rules.
                                           Article 4
Vessels authorized to fish on 31 December may continue fishing as from the beginning of
the 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.
                                           Article 5
This Regulation shall enter into force on the day following that of its publication in the
Official Journal of the European Communities.
      This Regulation shall be binding in its entirety and directly applicable in all
      Member States.
       Done at Brussels,          1997
                                                                            For the Council
                                                                              The President
                                             6
 ---pagebreak---                                             ANNEX I
                   Catch quotas to the Russian Federation for 1997
                                 Fishing zone of Sweden (1)
(
  ' Swedish waters soulh of 59 "301 North in the Baltic Sea
(2)
    A maximum of five non fishing mother ships may also be used simultaneously
                                                 ¥
 ---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 specie caught;
1.2.  the date and the time of the haul;
1.3.  the geographical position in which the catches were made;
1.4.  the fishing method used.
2.    After each transhipment to or from another vessel:
2.1.  the indication "received from" or "transferred to";
2.2.  the quantity (in kilograms live-weight) of each species caught;
2.3.  the name, external identification 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, via the relevant Swedish Authorities, to the
      European Commission:
4.1. date and time of the transmission;
4.2. type of message: IN, OUT, or TWO WEEK;
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 via the relevant Swedish
     Authorities 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;
     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 fourteen-day intervals, commencing on the fourteenth day after the vessel first
     enters the zone referred to under 1.1:
(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.
(a)  The name, call sign, external identification letters and numbers of the vessel;
(b)  the licence number if the vessel is under licence;
(c)  identification of the type of message (active/passive);
(d)  the date, the time and the geographical position of the vessel.
2.1. The information specified under point 1 shall be transmitted to the Commission of
     the European Communities in Brussels (telex 24189 FISEU-B) via one of the radio
     stations listed under point 3 below and in the form specified under point 4.
2.2. If it is impossible for reasons of force majeure for the message to be transmitted by
     the vessel, it may be transmitted on the vessel's behalf by another vessel.
                                             %
 ---pagebreak--- 3. Name of radio station                    Call sign of radio station:
   Stockholm                                SOJ
   Gryt                                     (no call sign)
   Maarianhamina                            OHM
   Helsinki                                 OHG
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;
   -   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",
      - two weeks message: "2WKS";
   - the date, the time and the geographical position;
   - 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;
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),
   OTH          -            Other
                                         AJD
 ---pagebreak---                                                                   ISSN 0254-1475
                                                            COM(97) 145 final
                                              DOCUMENTS
EN                                                                       03 11
                                    Catalogue number : CB-CO-97-137-EN-C
                                                             ISBN 92-78-18044-0
Office for Official Publications of the European Communities
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