CELEX: 31985R3734
Language: en
Date: 1985-12-20 00:00:00
Title: Council Regulation (EEC) No 3734/85 of 20 December 1985 laying down for 1986 certain measures for the conservation and management of fishery resources applicable to vessels flying the flag of Norway

No L 361 / 80                             Official Journal of the European Communities                                    31 . 12 . 85
                                            COUNCIL REGULATION (EEC) No 3734 / 85
                                                          of 20 December 1985
                laying down for 1986 certain measures for the conservation and management of fishery resources
                                            applicable to vessels flying the flag of Norway
   THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                             HAS ADOPTED THIS REGULATION :
  Having regard to the Treaty establishing the European                                            Article 1
  Economic Community ,
                                                                         1 . Fishing by vessels flying the flag of Norway in the
  Having regard to Council Regulation ( EEC ) No 170 / 83 of             200-mile zone of the Member States in the North Sea ,
  25 January 1983 establishing a Community system for the                Skagerrak , Kattegat, the Baltic Sea and the Atlantic Ocean
  conservation and management of fishery resources (*), and             north of 43°00 ' N shall be authorized until 31 December
  in particular Article 11 thereof,                                     1986 for the species referred to in Annex I within the
                                                                        geographical and quantitative limits laid down therein and
 Having regard to the proposal from the Commission ,                    in accordance with the provisions laid down in this
                                                                        Regulation .
 Whereas the Community and Norway have held
 consultations in accordance with the procedure provided
                                                                        2 . Fishing authorized under paragraph 1 shall be limited
 for in Articles 2 and 7 of the Fisheries Agreement between
 the European Economic Community and the Kingdom of
                                                                        to the parts of the 200-mile fishing zone lying seawards of
 Norway ( 2 ) concerning mutual fishing rights in 1986 and
                                                                        12 nautical miles from the base-lines which the fishing
 the management of joint biological resources ;
                                                                       zones of Member States are measured ; however , fishing in
                                                                       the Skagerrak shall be allowed seawards of four nautical
                                                                       miles from the base-lines of Denmark .
 Whereas , in the course of these consultations the
 delegations agreed to recommend to their respective
 authorities fixing certain fishing quotas for 1986 for the             3 . Fishing in the parts of ICES division III a , limited in the
 vessels of the other party;                                            west by a line drawn from the lighthouse of Hanstholm to
                                                                        the lighthouse of Lindesnes and in the south 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 , is
 in Skagerrak and Kattegat provides that each Party shall               not subject to quantitative limitations except for mackerel
 grant access to fishing by vessels of the other Parties within         and saithe .
 its fishing zone in Skagerrak and part of Kattegat up to
 four nautical miles from the base-lines ;
                                                                        4 . Notwithstanding paragraph 1 , unavoidable by-catches
                                                                        of a species of which no quota is established in a zone shall
 Whereas it is necessary to take the appropriate measures to            be permitted within the limits fixed in the conservation
 implement the results of the consultations held for 1986               measures in force in the zone concerned .
 between the delegations of the Community and Norway in
 order to avoid an interruption of mutual fisheries at 31
 December 1985 ;                                                        5 . By-catches in a given zone of a species for which a
                                                                        quota is established in that zone shall be counted against
 Whereas , under the terms of Article 3 of Regulation ( EEC )          the quota concerned .
 No 170 / 83 , it is incumbent upon the Council to establish
 the total catches allocated to third countries and also the
 specific conditions under which the catches must be
 made ;                                                                                            Article 2
Whereas the measures applicable in 1986 to vessels flying               1 . Vessels fishing under the quotas established in Article 1
the flag of Norway will come into effect as from 1 January              shall comply with the conservation and control measures
 1986 ; whereas the very short period of the time now                   and all other provisions governing fishing in the zones
 remaining before they come into effect means that an initial           referred to in that Article .
period of application , limited in time , will have to be
provided for in order to enable the Council to confirm ,
 before the end of that period , the decisions taken ,                  2 . Vessels referred to in paragraph 1 shall keep a log-book
                                                                        in which the information set out in Annex II is to be
                                                                        entered .
0 ) OJ No L 24 , 27 . 1 . 1983 , p . 1 .                                 3 . Vessels referred to in paragraph 1 except those fishing
(2 ) OJ No L 226 , 29 . 8 . 1980 , p . 48 .                              in ICES division III a shall transmit to the Commission,
 ---pagebreak--- 31 . 12 . 85                             Official Journal of the European Communities                               No L 361 / 81
according to the rules set out in Annex III , the information       ( d ) port of registration ;
set out in that Annex .
                                                                    (e)   name and address of the owner or charterer ;
4 . The registration letters and numbers of the vessels             ( f)  gross tonnage and overall length ;
referred to in paragraph 1 must be clearly marked on the
bow of the vessel on both sides .                                   ( g) engine power ;
                                                                    (h ) call sign and radio frequency ;
                            Article 3                               ( i)   intended method of fishing ;
                                                                    (j )   intended area of fishing ;
1 . Fishing within all the ICES sub-areas by vessels
exceeding 200 GRT under the quotas established in                   ( k ) species for which it is intended to fisl^
Article 1 shall be subject to the holding on board of a             (1 )  period for which a licence is required .
licence issued by the Commission on behalf of the
Community and to the observance of the conditions set out
in the licence .                                                                                 Article 5
2. The Commission shall issue the licences to fish ,                Fishing within the quotas referred to in Article 1 for blue
provided for in paragraph 1 , to every ship for which a             ling , ling and tusk is only allowed by use of the method
licence is required by the Norwegian authorities .                  commonly known as 'long-lining'.
3 . Each licence shall be valid for one vessel only . When
two or more vessels are taking part in the same fishing                                          Article 6
 operation , each vessel shall be in possession of a licence .
                                                                    The use of trawl and purse seine for the capture of pelagic
 4. In the event that there has been failure to comply with         species is prohibited in Skagerrak from Saturday midnight
 the obligations laid down in this Regulation , the licence         to Sunday midnight .
 shall be withdrawn ,
                                                                                                 Article 7
 5 . No licence shall be issued for a maximum period of
 12 months in respect of vessels for which the obligations          The competent authorities of the Member States shall take
 laid down in this Regulation have not been observed .              appropriate steps , including the regular inspection of
                                                                    vessels , to ensure the enforcement of this Regulation .
 6 . Licences issued in pursuance of Regulation ( EEC ) No
 3746 / 83 (') and valid until 31 December 1985 shall
 remain valid until 31 March 1986 at the latest if so                                            Article 8
 requested by the Norwegian authorities .
                                                                    Where an infringement is duly established the Member
                                                                    States shall , without delay , inform the Commission of the
                                                                    name of the vessel involved and of any action they have
                            Article 4                               taken .
 When an application for a licence is submitted to the
                                                                                                 Article 9
 Commission, the following information shall be supplied :
 (a) name of vessel ;                                               This Regulation shall enter into force on 1 January 1986 .
 (b) registration number;                                           It shall apply until 25 January 1986 , subject to the
 (c) external identification letters and numbers ;                  Council's taking a decision before that date .
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States .
                  Done at Brussels , 20 December 1985 .
                                                                                          For the Council
                                                                                           Tbe Président
                                                                                           R. STEICHEN
  I1) OJNoL 371 , 31 . 12. 1983 , p. 1 .
 ---pagebreak--- No L 361 / 82                              Official Journal of the European Communities                                   31 . 12 . 85
                                                                 ANNEX 1
                                                              Fishing quotas
                                                                  Area within which fishing               Quantity
                                 Species                                 is authorized                     ( tonnes )
               Mackerel                                  ICES Via 0 ) + VII d , e , f, h + II a         22 000
               Herring                                   ICES VI a                                        5 000 ( 2 )
               Sprat                                     ICES IV                                        10 000
               Cod                                       ICES IV                                         6 000
               Haddock                                   ICES IV                                       25 000
               Saithe                                    ICES IV and Skagerrak ( 3 )                   75 000
               Whiting                                  ICES IV                                          8 000
               Plaice                                    ICES IV                                         1 900
               Mackerel                                  ICES IV , III a                               39 200
               Sand-eel , Norway pout ,
               blue whiting                             ICES IV                                        50 000 ( 4 )
               Blue whiting                             ICES II , IV a , VI a (*), VI b , VII ( 5 )    25 000 ( 6 )
               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                               2 000
               Basking shark ( 9 )                      ICES IV , VI , VII                                    400
              Porbeagle                                 ICES IV , VI , VII                                    200
              Shrimp                                    ICES IV                                               200
              Other species                             ICES IV , II a                                    5 000
              Herring                                   ICES IV a , b                                  50 000
              0 ) 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 together
                    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.
              (s) 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 .
 ---pagebreak--- 31 . 12 . 85                                      Official Journal of the European Communities                                     No L 361 / 83
                                                                       ANNEX II
           The following details are to be entered in the log-book after each haul when fishing within the 200-nautical-mile
             is ing zone o 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 .
                                                                      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 .
 ---pagebreak--- No L 361 / 84                             Official Journal of the European Communities                                        31 . 12 . 85
        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
              Ronne                                        OYE
              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
              Saint-Nazaire                                FFO
              Bordeaux-Arcachon                           FFC
              Thorshavn                                    OXJ
              Bergen                                      LGN
              Farsund                                     LGZ
              Floro                                        LGL
              Rogaland                                     LGQ
              Tjørne                                       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 ,
 ---pagebreak--- 31 . 12. 85                           Official Journal of the European Communities                                      No L 361 / 85
                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 bippoglossus),
             — G.      Mackerel (Scomber scombrus),
             — H.      Horse mackerel ( Trachurus trachurus),
             — I.      Round-nose grenadier (Coryphaenoides rupestris),
             — J.      Saithe (Pollackius 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 (lllex),
             — X.      Yellowtail (Limanda ferruginea),
             — Y.      Blue whiting (Gadus poutassou),
             — Z.      Tuna (Tbunnidae),
             — AA .    Blue ling (Molva dypterygia),
             — BB .    Tusk (Brosme brosme),