CELEX: 31979R0396
Language: en
Date: 1979-02-28 00:00:00
Title: Council Regulation (EEC) No 396/79 of 28 February 1979 laying down for the period 1 January to 31 March 1979 certain interim measures for the conservation and management of fishery resources applicable to vessels flying the flag of Sweden

No L 51 / 10                      Official Journal of the European Communities                                1 . 3 . 79
                                  COUNCIL REGULATION (EEC) No 396/79
                                                 of 28 February 1979
              laying down for the period 1 January to 31 March 1979 certain interim measures
              for the conservation and management of fishery resources applicable to vessels
                                             flying the flag of Sweden
THE COUNCIL OF THE EUROPEAN                                  whereas during these consultations, the delegations
COMMUNITIES,                                                 agreed to recommend their respective authorities to
                                                             introduce catch limitations for certain species in these
Having regard to the Treaty establishing the European        areas ;
Economic Community, and in particular Article 103
thereof,                                                     Whereas the proposed catch limitations consist of
                                                             quotas, allocated to each party, which are not subdi­
Having regard to the proposal from the Commission,           vided on the basis of the fishing zones of the parties ;
Whereas on 3 November 1976 the Council adopted a
set of resolutions concerning certain external and           Whereas the arrangements with Sweden cover the
internal aspects of the common fisheries policy ;            whole of 1979 but it would seem appropriate, pending
                                                             the outcome of the necessary procedures engaged in,
Whereas the Community and the Kingdom of                     to establish measures for Swedish fishing for the
Sweden have signed a Framework Agreement on fish­            period 1 January to 31 March 1979 ;
eries ;
                                                             Whereas fishing by Swedish vessels in the fishing
Whereas the Commission has submitted the Agree­              zone of the Community is authorized until 28
ment to the Council for approval ;                           February 1979 by Regulation (EEC) No 3151 /78 (!) ;
Whereas the Community and Sweden have held                   Whereas, in order to avoid an interruption of the
consultations concerning their reciprocal fishing allo­      Community's and Sweden's reciprocal fishing activi­
cations for 1979 ;                                           ties, it is necessary for the Community to adopt new
                                                             arrangements before 28 February 1979 allowing
Whereas during these consultations the delegations           fishing by Swedish vessels in the Community's fishing
agreed to recommend to their respective authorities          zone in accordance with the arrangements agreed
that they fix certain catch quotas for 1979 for vessels      upon during the consultations referred to above ;
of the other party ;
                                                             Whereas, in order to comply with this time limit, it is
Whereas the Agreement of 19 December 1966                    necessary to establish these arrangements as an
between Denmark, Norway and Sweden on mutual                 interim measure on the basis of Article 103 of the
access to fishing in Skagerrak and Kattegat provides         Treaty, subject to its being included at a later date in
that each party shall grant access to fishing by vessels     the common agricultural policy,
of the other parties within its fishing zone in
Skagerrak and part of Kattegat seawards of four
nautical miles from the base-lines ;
                                                             HAS ADOPTED THIS REGULATION :
Whereas     the  Convention    of 31   December      1932
between Denmark and Sweden concerning fishing
                                                                                      Article 1
conditions in the maritime waters bordering both
parties provides that each party shall grant access to
fishing by vessels 'of the other party within its fishing     1 . Fishing by vessels flying the flag of Sweden in
zone in the Kattegat seawards of three nautical miles        the 200 mile fishing zone of the Member States in the
from the base-lines and in certain parts of 0resund          North Sea, Skagerrak, Kattegat, the Baltic Sea, the
and the Baltic Sea up to the base-lines ;                     Labrador Sea, Davis Strait, Baffin Bay and the Atlantic
                                                             Ocean north of 43° N shall be authorized for the
Whereas, in the context of these Agreements, the              period 1 January to 31 March 1979 for the species
 Community, Norway and Sweden and the Commu­                  referred to in Annex I within the geographical and
nity and Sweden have consulted about regulatory              quantitative limits laid down therein and in accor­
 measures in respect of fishing in the area covered by        dance with the provisions laid down in this Regula­
 the Agreement ;                                              tion .
Whereas in this context the parties have also held            2. Without prejudice to paragraph 1 , fishing by
 consultations about regulatory measures for certain          vessels flying the flag of Sweden for species other than
 fish s' >cks occuring in an area falling within both
 Skagerrak and Kattegat ;                                     (i) OJ No L 374, 30. 12. 1978, p. 18 .
 ---pagebreak--- 1 . 3 . 79                         Official Journal of the European Communities                          No L 51 / 11
those for which quotas are established in Annex I is         control measures and all other provisions governing
authorized in Kattegat, Skagerrak and 0resund, east of       fishing in the zones referred to in Article 1 .
a line drawn from the lighthouse of Hanstholm to the
lighthouse of Lindesnes and north of a line drawn            2. Vessels referred to in paragraph 1 shall keep a
from the lighthouse of Stevns to the lighthouse of           logbook in which the information specified in Annex
Falsterbo.                                                   III shall be entered .
3.      For the purposes of this Regulation :                3.      Vessels referred to in paragraph 1 shall transmit
                                                             to the Commission , in accordance with the rules set
— the Skagerrak is the area limited in the west by a         out in Annex IV, the information specified in that
     line drawn from the lighthouse of Hanstholm to          Annex .
     the lighthouse of Lindesnes and in the south by a
     line drawn from the Skagen lighthouse to the light­     4. The registration letters and numbers of the
     house of Tistlarna and from there to the nearest        vessels referred to in ' paragraph 1 must be clearly
     coast of Sweden,                                        marked on both sides of the bow of the vessel .
— the Kattegat is the area limited in the north by a
     line drawn from Skagen lighthouse to the light­
     house of Tistlarna and from there to the nearest                                  Article 3
     coast of Sweden and in the south by a line drawn
     from Hasenøre Head to Gniben Point, from                 1.     Fishing within ICES sub-areas IV and VI under
     Korshage to Spodsbjerg, and from Gilbjerg Head          the quotas established in Article 1 shall be subject to
     to the Kullen ,                                         the holding on board of a licence issued by the
                                                             Commission on behalf of the Community and to the
— 0resund is the area limited in the north by a line         observance of the conditions set out in the licence.
     drawn from Gilbjerg Point to the Kullen and in
     the south by a line drawn from the lighthouse of        2. The number of licences which may be issued for
     Stevns to the lighthouse of Falsterbo.                  the purpose of paragraph 1 , including those which
                                                             remain valid according to paragraph 6, shall be
4. Fishing authorized under paragraphs 1 and 2               limited to 112.
shall be limited to the parts of the 200 nautical mile
fishing zone lying seawards of 12 nautical miles from        3 . When an application for a licence is submitted
the base-lines from which the territorial waters of          to the Commission , the following information shall
Member States are measured, with the following excep­        be supplied :
tions :
                                                             (a) name of the vessel ;
(a) fishing in Skagerrak is authorized seawards of four      (b) registration number ;
     nautical miles from the base-lines of Denmark ;
                                                             (c) external identification letters and numbers ;
(b) fishing in Kattegat is authorized seawards of three
     nautical miles from the base-lines of Denmark ;         (d) port of registration ;
(c) fishing in 0resund is authorized within the areas        (e) name and address of the owner or charterer ;
     and in accordance with the conditions ' set out in      (f) gross tonnage and overall length ;
     Annex II .
                                                             (g) engine power ;
                                                             (h) call sign and radio frequency ;
5. Notwithstanding paragraph 1 , unavoidable
by-catches of species for which no quota is established      (i) intended method of fishing ;
in a zone shall be permitted within the limits fixed in       (j) intended area of fishing ;
the conservation     measures   in  force   in the  zone
concerned .                                                  (k) species for which it is intended to fish ;
                                                              (1) period for which a licence is requested .
6. By-catches in a given zone of a species for which
a quota is established in that zone shall be counted          4.     Each licence shall be valid for one vessel only.
against the quota concerned .                                 When several vessels take part in the same fishing
                                                              operation , each vessel shall be in possession of a
                                                              licence .
                        Article 2
                                                              5.     Licences may be cancelled with a view to issuing
                                                              new licences . Cancellation shall take effect from the
 1 . Vessels fishing under the quotas established in          date of the surrender of the licence to the Commis­
 Article 1 shall comply with the conservation and             sion .
 ---pagebreak--- No L 51 / 12                          Official Journal of the European Communities                               1 . 3 . 79
6. Licences issued pursuant to Regulation (EEC)                 2. The use of trawls and purse seines for catching
No 2578/78 of 30 October 1978 laying down the                       pelagic species is prohibited from Friday midnight
number of licences for vessels flying the flag of                   to Sunday midnight.
Sweden for fishing within the 200 nautical mile
fishing zone of the Member States of the Commu­                                          Article 6
nity (*) shall remain valid, if so requested by the
Swedish authorities, until 31 March 1979.                       Only long-liners are authorized to fish for ling.
                                                                                         Article 7
                          Article 4
                                                                The competent authorities of the Member States shall
Fishing in Skagerrak for the quotas referred to in              take appropriate steps, including the regular inspec­
Article 1 shall be subject to the following provisions :        tion of vessels, to ensure the enforcement of this Regu­
 1 . Direct fishing for herring is prohibited from 1            lation .
     January to 31 March 1979 .
                                                                                         Article 8
2. Direct fishing for herring for purposes other than
     human consumption is prohibited.                           Where an infringement is duly established the
3 . The use of trawls and purse seines for catching             Member States shall, without delay, inform the
     pelagic species is prohibited from Saturday                Commission of the name of the vessel involved and of
     midnight to Sunday midnight.                               any action they have taken .
                          Article 5                                                      Article 9
Fishing in Kattegat for the quotas referred to in               This Regulation shall enter into force on the day of its
Article 1 shall be subject to the following provisions :        publication in the Official Journal of the European
                                                                Communities.
1 . Direct fishing for herring for purposes other than
     human consumption is prohibited .                          It shall apply from 1 January to 31 March 1979.
              This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 28 February 1979 .
                                                                            For the Council
                                                                              The President
                                                                             J. LE THEULE
(') OJ No L 309, 1 . 11 . 1978, p. 11 .
 ---pagebreak--- 1 . 3 . 79                                 Official Journal of the European Communities                                                           No L 51 / 13
                                                                       ANNEX I
                                                                   Fishing quotas
                                                                                                                                         (tonnes)
                              Species                     Area within which fishing is authorized                       Quantity
            Cod                                          ICES IIIb, c , d                                              1 500
                                                         Skagerrak ( ! )                                               1 000 (2 )
                                                         Kattegat (3 )                                                 4 600 (2 )
                                                         ICES IV                                                         400
            Haddock                                      Skagerrak (')                                                 2 500 (2)
                                                         ICES IV                                                         600
            Whiting                                      Skagerrak (')                                                   400 (2 )
                                                         Kattegat (3 )                                                 1 000 (2)
                                                         ICES IV                                                          100
            Plaice                                       Skagerrak (')                                                   400 (2 )
                                                         Kattegat (3)                                                  1 000 (2 )
            Flatfish                                     ICES IV                                                           80
            Mackerel                                     ICES IV                                                       3 750 (4 )
                                                         Skagerrak (')                                                 1 350 (2 )
            Sprat                                        ICES IV                                                       8 750
                                                         Skagerrak ( } )                                             18 000 (2 )
            Blue whiting                                 ICES IV, VI (5 )                                              4 000
            Herring                                      Skagerrak (')                                                 3 450 (2 )
                                                         Kattegat (3 )                                               1 7 500 (2)
                                                         ICES IIIb, c, d                                               3 000
                                                         ICES IV                                                         p.m .
           Ling                                          ICES IV, VI (5)                                                 400
           Salmon                                        ICES IIIb, c, d                                                   25
           (') 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 toast of Sweden .
           (2 ) To be reduced by the quantities taken outside the EEC fishing zone .
           (3 ) Limited in the north by a line drawn from Skagen lighthouse to the lighthouse of Tistlarna and from there to the nearest coast of
                Sweden and in the south by a line drawn from Hasenøre Head to Gniben Point , from Korshage to Spodsbjerg, and from Gilbjerg
                Head to the Kullen .
           (4) Of which no more than 1 500 tonnes may be fished in the parts of ICES division IV situated either south of 60° N or east of 2 " E.
           (5) North of 56° 30 ' N.
 ---pagebreak--- No L 51 / 14                        Official Journal of the European Communities                                     1 . 3 . 79
                                                          ANNEX II
             1 . Inside a depth of 7 m only fishing by net for herring shall be allowed .
             2. Outside a depth of 7 m fishing by trawl or seine shall be 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 until three
                 nautical miles from the coast .
                                                          ANNEX III
             The following details are to be entered in the logbook after each haul :
             1 . The quantity (in kg) 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 .
 ---pagebreak--- 1 . 3 . 79                        Official Journal of the European Communities                                      No L 51 / 15
                                                       ANNEX IV
           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 which is covered by Community rules on fisheries :
                 (a) the information specified under point 1.4 below ;
                 (b) the quantity (in kg) of each species of fish in the hold ;
                 (c) when and where fishing is to commence.
           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 point 1.4 below ;
                 (b) the quantity (in kg) of each species of fish in the hold ;
                 (c) the quantity (in kg) of each species caught since the previous transmission ;
                 (d) the ICES division or ICNAF zone in which the catches were taken ;
                 (e) the quantity (in kg) 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 kg) of each species landed in a port of the Community since the vessel
                       entered the Community fishing zone.
           1.3 . At weekly intervals, commencing on the seventh day after the vessel first enters the fishing
                 zone of the Member States :
                 (a) the information specified under point 1.4 below ;
                 (b) the quantity (in kg) of each species caught since the previous transmission ;
                 (c) the ICES division or ICNAF zone 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 Euro­
                  pean Communities in Brussels (telex address 21877 COMEU) via one of the radio stations
                  listed under point 3 below 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--- No L 51 / 16                         Official Journal of the European Communities                                 1 . 3 . 79
             3. Name of radio station                                         Call sign of radio station
                 Skagen                                                       OXP
                 Blåvand                                                      OXB
                 Norddeich                                                    DAF DAK
                                                                              DAH DAL
                                                                              DAI DAM
                                                                              DAJ DAN
                 Scheveningen                                                 PCH
                 Oostende                                                     OST
                 North Foreland                                               GNF
                 Humber                                                       GKZ
                 Cullercoats                                                  GCC
                 Wick                                                         GKR
                 Oban                                                         GNE
                 Portpatrick                                                  GPK
                 Anglesey                                                     GLV
                 Ilfracombe                                                   GIL
                 Niton                                                        GNI
                 Stonehaven                                                   GND
                 Portshead                                                    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                                                    SDJ
                 Goteborg                                                     SDG
                 Rønne                                                        OYE
             4 . Form of communications .
                 Transmission of the information specified under point 1 shall take the form of messages preceded
                 by the words 'Pêcheur Brussels' and the information elements shall be given in the following
                 order :
                 — the code ' Pêcheur Brussels ;
                 — 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' ;
                 — the geographical position ;
                 — the ICES division or ICNAF zone in which fishing is expected to commence ;
                 — the date on which fishing is expected to commence ;
                 — the quantity (in kg) of each species of fish in the hold using the code mentioned in point 5
                      below ;
                 — the quantity (in kg) of each species caught since the previous transmission using the code
                      mentioned in point 5 below ;
                 — the ICES division or ICNAF zone in which the catches were made ;
                 — the quantity (in kg) of each species transferred to other vessels since the previous transmis­
                      sion ;
                 — the name and call sign of the vessel to which the transfer was made ;
                 — the quantity (in kg) of each species landed in a port of the Community since the previous
                      transmission ;
                 — name of the master.
 ---pagebreak--- 1 . 3 . 79                         Official Journal of the European Communities                                No L 51 / 17
           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 hippoglossus),
               —  G : Mackerel (Scomber scombrus),
               —  H : Horse mackerel (Trachurus trachurus),
               —  I : Round-nose grenadier (Coryphaenoides rupestris),
               —  J : Saithe (Pollachius virens),
               —  K : Whiting (Merlangius merlangus),
               —  L : Herring (Clupea harengus),
               —  M : Sandeel (Ammodytes sp .),
               —  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 encrasicolus).