CELEX: 31986R4039
Language: en
Date: 1986-12-22 00:00:00
Title: Council Regulation (EEC) No 4039/86 of 22 December 1986 laying down for 1987 certain measures for the conservation and management of fishery resources applicable to vessels registered in the Faroe Islands

No L 376 / 94                                 Official Journal of the European Communities                                     31 . 12 . 86
                                             COUNCIL REGULATION (EEC) No 4039 / 86
                                                           of 22 December 1986
                   laying down for 1987 certain measures for the conservation and management of fishery
                                       resources applicable to vessels registered in the Faroe Islands
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                                 States in the North Sea , Skagerrak, Kattegat, the Baltic Sea
                                                                          and the Atlantic Ocean north of 43°00 ' N which shall be
                                                                          authorized until 31 December 1987 are those for the
Having regard to the Treaty establishing the European                     species mentioned in Annex I within the geographical and
Economic Community ,                                                      quantitative limits laid down in this Regulation.
Having regard to Council Regulation (EEC) No 170 / 83 of                  2 . Fishing authorized under paragraph 1 shall be limited
25 January 1983 establishing a system for the conservation                except in Skagerrak to the parts of the 200-nautical-mile
and management of fishery resources ( 1 ), and in particular               fishing zone lying seawards of 12 nautical miles from the
Article 11 thereof,                                                        base-lines from which the fishing zones of Member States
                                                                           are measured .
Having regard to the proposal from the Commission,
                                                                           3 . Notwithstanding paragraph 1 , unavoidable by-catches
Whereas , in accordance with the procedure provided for by                 of a species for which no quota is established in a zone shall
the Fisheries Agreement between the European Economic                      be permitted within the limits fixed in the conservation
Community, on the one hand, and the Government of                          measures in force in the zone concerned .
Denmark and the local Government of the Faroe Islands ,
on the other hand ( 2 ), and in particular Article 2 thereof,
the Community, on the one hand, and the Government of                      4 . By-catches in a given zone of a species for which a
Denmark and the local Government of the Faroe Islands ,
                                                                           quota is established in that zone shall be counted against
on the other hand , have held consultations concerning their               the quota concerned .
mutual fishing rights for 1987 ;
Whereas, during these consultations, the delegations agreed
to recommend to their respective authorities that they fix                                           Article 2
certain catch quotas for 1987 for vessels of the other
party ;                                                                    1 . Vessels fishing under the quotas established in Article 1
                                                                           shall comply with the conservation and control measures
                                                                           and all other provisions governing fishing in the zones
Whereas it is necessary to implement the results of the                    referred to in that Article .
 consultations between the Community and the Faroe
 Islands in order to avoid an interruption of reciprocal
 fisheries relations as at 31 December 1986 ;                              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 .
 Whereas , under the terms of Article 3 of Regulation (EEC )
 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                       3 . Vessels referred to in paragraph 1 shall transmit to the
                                                                            Commission the information set out in Annex III . This
 made,
                                                                            information is to be transmitted according to the rules set
                                                                            out in that Annex .
 HAS ADOPTED THIS REGULATION :
                                                                           4 . The registration letters and numbers of the vessels
                                                                            referred to in paragraph 1 must be clearly marked on the
                                Article 1                                   bow of the vessel on both sides .
 1 . The only fishing activities by vessels registered in the
 Faroe Islands in the 200-nautical-mile zone of the Member
                                                                                                      Article 3
                                                                             1 . Fishing within the waters referred to in Article 1 , under
 (!) OJ No L 24 , 27 . 1 . 1983 , p. 1 .                                    the quotas established in the said Article, shall be permitted
 ( 2 ) OJ No L 226 , 29 . 8 . 1980 , p. 12 .                                only where a licence issued by the Commission on behalf of
 ---pagebreak---   31 . 12 . 86                             Official Journal of the European Communities                              No L 376 / 95
 the Community is held on board and where the conditions                                         Article 4
 set out in the licence are observed .
                                                                      When an application for a licence is submitted to the
                                                                      Commission, jhe following information shall be supplied:
 2 . The issue of licences for the purpose of paragraph 1
 shall be subject to the condition that the number of licences         ( a) name of the vessel ;
 valid on any one day shall not exceed :                               ( b) registration number;
 ( a) 14 for fishing mackerel in ICES divisions VI a ( north          ( c) external identification letters and numbers ;
        of 56°30' N) and VII e, f and h, sprat in ICES                (d) port of registration ;
        sub-area IV and division VI a ( north of 56°30' N),
       horse mackerel in ICES sub-area IV and divisions VI a          (e) name and address of the owner or charterer;
        (north of 56°30' N), VII e, f and h and herring in            (f) gross tonnage and overall length ;
       ICES divisions VI a ( north of 56°30' N ), four for
       fishing herring in division III a) N (Skagerrak);              ( g) engine power ;
                                                                      (h) call sign and radio frequency;
 (b) 10 for fishing Norway pout in ICES sub-area IV and
       division VI a ( north of 56°30 ' N ) and sand-eel in           ( i)  intended method of fishing;
       ICES sub-area IV ;                                             (j )  intended area of fishing;
                                                                      (k) species for which it is intended to fish ;
 (c) 20 for fishing by long line, ling, tusk and blue ling in
       ICES divisions VI a (north of 56°30 ' N) and VI b .            (1 ) period for which a licence is requested.
       However, the total number of vessels allowed to fish
       simultaneously shall be limited to 10 ;
                                                                                                 Article 5
 (d) 16 for fishing by trawl , blue ling in ICES division VI a
       (north of 56°30 ' N) and VI b ;                                Fishing in Skagerrak within the limits of the quotas referred
                                                                      to in Article 1 shall be subject to the following
                                                                      conditions :
 (e) 20 for fishing blue whiting in ICES sub-area VII (west
       of 12°00' W) and ICES divisions VI a (north of
       56°30' N) and VI b ;                                           1 . Directed fishing for herring for purposes other than
                                                                           human consumption shall be prohibited.
 (f) three for fishing by long line, porbeagle shark in the
       whole Community zone with the exception of NAFO                2. The use of trawl and purse seine for the capture of
       3 PS .                                                              pelagic species shall be prohibited from Saturday
                                                                           midnight to Sunday midnight.
 3 . Each licence shall be valid for one vessel only . When
 several vessels are taking part in the same fishing operation ,                                 Article 6
 each vessel shall be in possession of a licence .
                                                                      The competent authorities of the Member States shall take
                                                                     appropriate steps , including the regular inspection of
 4 . Licences may be cancelled with a view to the issue of           vessels, to ensure that this Regulation is enforced.
 new licences . The cancellation shall take effect from the
 date of the surrender of the licence to the Commission .
                                                                                                 Article 7
5 . Should there be in inringement of the obligations fixed
by this Regulation the licence shall be withdrawn .                  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
6 . No licence shall be issued for a maximum period of               taken .
12 months for vessels in respect of which the obligations
laid down in this Regulation have not been observed.
                                                                                                 Article 8
7. Licences issued pursuant to Regulation (EEC ) No
3731 / 85 (*) and valid on 31 December 1986 shall remain             This Regulation shall enter into force on the day of its
valid until 31 March 1987 at the latest, if so requested by          publication in the Official Journal of the European
the Faroese authorities .                                            Communities .
                                                                     It shall applywith effect from 1 January to 31 December
(») OJ No L 361 , 31 . 12. 1985 , p. 69 .                            1987 .
 ---pagebreak---                                    Official Journal of the European Communities                      31 . 12 . 86
No L 376 / 96
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 22 December 1986 .
                                                                                For the Council
                                                                                  The President
                                                                                    G. SHAW
 ---pagebreak--- 31 . 12 . 86                                        Official Journal of the European Communities                                                   No L 376 / 97
                                                                               ANNEX I
                                                                        Fishing quotas for 1987
            1 . Quotas for Faroese vessels fishing in the Community zone
                                                                                                                              Quantity
                                 Species                            Fishing zone:TCES sub-area / division                     ( tonnes )
                Ling , tusk and blue ling               VI a ( 2 ), VI b                                                     800 ( 4 )
                 Blue ling                              VI a ( 2 ), VI b                                                     940 ( 7 )
                Mackerel                                VI a ( 2 ), VII e , f, h                                           6 000
                Herring                                 VI a ( 2 ),                                                          600
                Horse mackerel                          IV , VI a ( 2 ), VII e , f, h                                      6 750
                Norway pout                             IV , VI a ( 2 )                                                    9 000 ( 3 ) ( 4 ) ( 8 )
                 Sprat                                  IV , VI a ( 2 )                                                    2 000
                Sand-eel                                IV                                                                 9 000 ( 3 ) ( 8 )
                Blue whiting                            VI a ( 2 ), VI b , VII ( s )                                     60 000
                Other white fish
                ( by-catches only )                     IV , VI a ( 2 )                                                      400
                Herring                                 III a N (Skagerrak) ( 6 )                                            500
                Porbeagle                               Entry Community zone except NAFO 3 Ps                                150 ( 4 )
                (') To be fished by long-line .
                ( 2 ) North of 56°30' N.
                ( 3 ) Each of these quotas may be exceeded by a maximum of 10 000 tonnes provided that the total catches of Norway pout
                      ( including blue whiting), sand-eel and sprat do not exceed 20 000 tonnes .
                ( 4 ) Of which a maximum of 6 000 tonnes may be fished in ICES VI a north of 56°30' N subject to the provision on request by the
                      Community of details of the quantity and composition of any by-catch taken .
                ( 5 ) West of 12°00 ' W.
                ( 6 ) 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 .
                ( 7 ) To be fished by trawl .
                ( 8 ) Catches of Norway pout and sand-eel may include unavoidable by-catches of blue whiting.
            2 . Quotas for Faroese vessels fishing in Greenland waters according to Article 1 ( 3 ) of EEC / Greenland Fisheries
                Protocol ( J ) ( shown for information only ).
                                                                                                                              Quantity
                                 Species                     Fishing zones : ICES division of NAFO sub-area
                                                                                                                              ( tonnes )
                Northern deepwater Prawn                NAFO 1 ( 2 )                                                               475
                (Pandalus borealis)                     XIV                                                                        675
                Greenland halibut                       NAFO 1                                                                     150
                                                        XIV                                                                        150
                Redfish                                 XIV                                                                        500
                Capalin                                 XIV                                                                   10 000
                (') OJ No L 29 , 1 . 2 . 1985 , p. 14 .
                ( 2 ) South of 68° N.
 ---pagebreak--- No L 376 / 98                                  Official Journal of the European Communities                                         31 . 12 . 86
                                                                    ANNEX II
         The following details are to be entered in the log-book after each haul when fishing within the 200 nautical-mile fishing
         zone off the coasts of the Member States of the Community :
         1 . the quantity (in kilograms) of each species caught , including by-catches;
         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 which is under the jurisdiction of the Member States as regards fisheries:
                  ( 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 divisions / sub- areas 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 ;
                  ( e ) 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--- 31 . 12 . 86                               Official Journal of the European Communities                                   No L 376 / 99
           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
                 Blåvand                                      OXB
                 Rønne                                        OYE
                 Norddeich                                    DAF DAK
                                                              DAH DAL
                 l                                            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
                 Florø                                        LGL
                 Rogaland                                     LGQ
                 Tjørne                                       LGT
                 Ålesund                                      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 particulars, 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 divisions/ sub-areas 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 divisions / sub-areas in which the catches were made ,
 ---pagebreak--- No L 376 / 100                          Official Journal of the European Communities                                         31 . 12 . 86
               — 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 hippoglossus),
               —
                  G:     Mackerel (Scomber scombrus),
               —
                  H:     Horse mackerel (Trachurus trachurus),
               —  I:     Round-nose grenadier (Coryphaenoides rupestris),
               —
                  J:     Saithe (Pollachius 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 (Illex),
               —  X:     Yellowtail (Limanda ferruginea),
               —
                  Y:     Blue whiting (Gadus poutassou),
               —
                  Z:     Tuna ( Thunnidae ),
               —  AA :   Blue ling (Molva dypterygia),
               —   BB :  Tusk (Brosme brosme),
               —   CC :  Dogfish (Scyliorhinus retifer),
               —   DD :  Basking shark (Cetorhinidae),
               —   EE :  Porbeagle (Lamna nasus),
               —   FF :  Squid loligo (Loligo vulgaris),
               —
                   GG :  Ray's bream (Brama brama),
               —   HH :  Sardine (Sardina pilchardus).