CELEX: 31978R3150
Language: en
Date: 1978-12-21 00:00:00
Title: Council Regulation (EEC) No 3150/78 of 21 December 1978 laying down certain interim measures for the conservation and management of fishery resources applicable to vessels flying the flag of Norway

30 . 12. 78                        Official Journal of the European Communities                                No L 374/9
                                    COUNCIL REGULATION (EEC) No 3150/78
                                                 of 21 December 1978
                laying down certain interim measures for the conservation and management of fishery
                               resources applicable to vessels flying the flag of Norway
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                       Whereas it is necessary to adopt such measures on
                                                                the basis of Article 103 of the Treaty subject to their
                                                                being included at a later date in the common
Having regard to the Treaty establishing the                    agricultural policy ;
European Economic Community, and in particular
Article 103 thereof,
                                                                Whereas delegations from the Community and
                                                                Canada have agreed to recommend to their
Having regard to the proposal from the Commission,              authorities that they coordinate their decisions on the
                                                                allocations to be given to third parties of certain joint
Whereas on 3 November 1976 the Council adopted a                stocks of fish and prawn located in the Davis Strait
set of resolutions concerning certain external and              and in Baffin Bay;
internal aspects of the common fisheries policy ;
                                                                Whereas these two delegations have agreed on the
Whereas the Community and the Kingdom of                        provisional allocations to Norway for the said joint
                                                                stocks,
Norway have negotiated a Framework Agreement on
fisheries ;
                                                                HAS ADOPTED THIS REGULATION :
Whereas       the    Commission    has   submitted   the
Agreement to the Council for approval ;
                                                                                        Article 1
Whereas fishing from Norwegian vessels in the
Community's fishing zone is authorized until 31                 1 . The catches which vessels flying the flag of
December 1978 by virtue of Council Regulation                   Norway are authorized to make during the period
( EEC) No 1849/78 of 25 July 1978 laying down                   1 January to 28 February 1979 in the 200 nautical­
certain      measures    for  the    conservation    and        mile fishing zones of the Member States in the North
management of fishery resources applicable to vessels           Sea, Skagerrak, Kattegat, the Baltic Sea, the Labrador
flying the flag of Norway (1);                                  Sea, the Davis Strait, Baffin Bay and the Atlantic
                                                                Ocean north of 43° N which are covered by Com­
                                                                munity rules on fisheries shall be limited to the quotas
Whereas consultations between delegations from the              set out in Annex 1 .
Community and Norway about their reciprocal
fishing rights in 1979 have not been concluded in
time to make possible the adoption before 31                    2. Notwithstanding paragraph 1 unavoidable
December 1978 of final arrangements for 1979 based              by-catches of a species for which no quota is
on the conclusions of the said consultations ;                  established in a zone shall be permitted within the
                                                                limits fixed in the conservation measures in force in
                                                                the zone concerned .
Whereas the two delegations have recommended to
their authorities that they adopt interim arrangements
to permit the continuation of their reciprocal fishing          3 . By-catches in a given zone of a species for
pending the adoption of definitive arrangements for             which a quota is established in that zone shall be
 1979 ;                                                         counted against the quota concerned .
Whereas in order to prevent interruption of fishing                                     Article 2
from Norwegian vessels in the Community zone
appropriate measures will have to be adopted before
 1 January 1979 ;                                               1 . Vessels fishing under the quotas established in
                                                                Article 1 shall comply with the conservation and
                                                                control measures and all other provisions governing
H OJ No L 211, 1 . 8. 1978, p. 13.                              fishing in the zones referred to in Article 1 .
 ---pagebreak---   No L 374/ 10                         Official Journal of the European Communities                              30 . 12. 78
  2 . Vessels referred to in paragraph 1 shall keep a                                        Article 4
 logbook in which the information specified in Annex
  II or, in the case of fishing in division XIV as defined
 by the International Council      for the Exploration of           When an application for a licence is submitted to the
 the Sea ( ICES ) and zones 0       + 1 as defined in the          Commission, the following information shall be
 Annex to the Convention           establishing the Inter­         supplied :
 national     Commission      for    North-West     Atlantic
 Fisheries (ICNAF), in Annex IV, is to entered .                    ( a) name of the vessel ;
                                                                   ( b ) registration number ;
  3.    Vessels referred to in paragraph 1 shall transmit          (c) external identification letters and numbers ;
  to the Commission, according to the rules set out in
 Annex III or, in the case of fishing in ICES division             ( d ) port of registration ;
 XIV and ICNAF zones 0 + 1 , in Annex V, the
  information specified in those Annexes .                         (e) name and address of the owner or charterer;
                                                                   ( f) gross tonnage and overall length ;
 4.     The registration letters and numbers of the
 vessels referred to in paragraph 1 must be clearly                (g) engine power;
 marked on the bow of the vessel on both sides .
                                                                   ( h) call sign and radio frequency ;
                                                                   (i ) intended method of fishing;
                           Article 3                              ( j ) intended area of fishing;
                                                                  ( k) species for which it is intended to fish;
 1 . Fishing within ICES division XIV and ICNAF                   ( l ) period for which a licence is requested.
 zones 0+1 under the quotas established in Article 1
 shall be subject to the holding on board of a licence
 issued by the Commission on behalf of the
                                                                                            Article 5
 Community and to the observance of the conditions
 set out in the licence. However, not more than eight
 licensed vessels shall be authorized to be present               Each licence shall be valid for one vessel only. When
 simultaneously to fish halibut, Greenland halibut and            several vessels are taking part in the same fishing
 redfish in the said areas .
                                                                  operation, each vessel shall be in possession of a
                                                                  licence .
 2.     The number of licences which may be issued for
 the purpose of paragraph 1 including those which"                                          Article 6
 remain valid according to paragraph 3 shall be
 limited to :
                                                                  1 . Fishing for mackerel and horse-mackerel in
 (a) 13 for fishing halibut, Greenland halibut and               ICES division IV may not begin before the dates
      redfish ;                                                  fixed separately by the Commission after
                                                                  consultations with the Norwegian authorities for
 (b) 25 for fishing northern deep-water prawn                     those parts lying north and south of 60° N.
      (Pandalus borealis).
                                                                  2. Fishing for horse-mackerel in the zones referred
                                                                  to in Article 1 may not continue once the quotas for
3 . Licences issued pursuant to Council Regulation                mackerel have been exhausted .
 (EEC) No 2301/78 of 29 September 1978 laying
down the number of licences for vessels flying the
flag of Norway for fishing within the 200-mile fishing
                                                                                            Article 7
zone of the Member States of the Community ( x)
shall remain valid if so requested by Norwegian
authorities until 28 February 1979 at the latest.                 The competent authorities of the Member States shall
                                                                  take appropriate steps, including the regular
                                                                  inspection of vessels, to ensure the enforcement of
(*) OJ No L 276, 30. 9. 1978, p. 1 .                              this Regulation.
 ---pagebreak--- 30 . 12. 78                      Official Journal of the European Communities                       No L 374/ 11
                      Article 8                                                     Article 9
Where an infringement is duly established the               This Regulation shall enter into force on the day of
Member States shall, without delay, inform the              its publication in the Official Journal of the
Commission of the name of the vessel involved and           European Communities.
of any action they have taken.
                                                            It shall apply until 28 February 1979 .
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States .
             Done at Brussels, 21 December 1978 .
                                                                                  For the Council
                                                                                   The ?resident
                                                                             Otto Graf LAMBSDORFF
 ---pagebreak--- No L 374/ 12                               Official Journal of the European Communities                                               > 30 . 12 . 78
                                                                     ANNEX I
                                     Fishing quotas for the period 1 January to 28 February 1979
                                                                                                                            (tonnes )
                              Species
                                                                             Fishing zones                           Quantity
                                                                 ICES sub-area or division or ICNAF zone
            Herring                                        III a) north (Skagerrak) (*)                                   0
            Mackerel                                       IV and III a) north (Skagerrak)                          10 800 (4)
                                                           Via) (3) + VII d) + Vile) + VII f)
                                                           + VII h)                                                  6 250
            a) Horse-mackerel                              IV, VI a) (3), VII d) + VII e) + VII f) +
                                                           VII h)                                                       830
            Sprat                                          IV                                                       35 000
                                                           III a)                                                    6 000 (2)
            Cod                                            IV                                                        1 960
                                                           III a) north (Skagerrak)                                      80 (2)
            Haddock                                        IV                                                           730
                                                           III a)                                                        65 (2)
            Saithe                                         IV and III a) north (Skagerrak)                           2 900
            Whiting                                        IV                                                          800
                                                           III a) north (Skagerrak)                                      65 (2)
            Plaice                                         IV                                                           330
                                                           III a) north (Skagerrak)                                      30 (2)
            Sandeel                                        IV                                                        5 000 (5)
            Norway pout/blue whiting                       IV                                                        3 300 (5)
            Blue whiting                                   II, VI a) (3), VI b), VII (6), XIV                       16 600
            Ling                                           IV,  VI , VII                                             2 300   (7 )
            Blue ling                                      IV,  VI,  VII                                                160  (7)
            Tusk                                           IV,  VI , VII                                                830  (7 )
            Dogfish                                        IV,  VI,  VII                                             2 080   (8)
            Basking shark (9)                              IV,  VI , VII                                                130
            Porbeagle                                      IV,  VI,  VII                                                160
            Northern deep water
            prawn (Pandalus borealis)                      ICNAF 0 + 1                                                  830 (10)
                                                           XIV                                                       Experi­
                                                                                                                      mental
                                                                                                                      fishery
                                                                                                                        only
             Greenland halibut                             ICNAF 0 + 1 (»)
                                                           XIV                                                          130
            Halibut                                        ICNAF 0 + 1 (»)
                                                           XIV (10)                                                     130 (12)
            Redfish                                        ICNAF 0 + 1 (u)
                                                           XIV                                                           65
             Other species                                 IV                                                           800
              (*) East of the line connecting Lindesnes to Hanstholm.
              (2) To be reduced by the quantities taken in the parts of Skagerrak under Norwegian and Swedish jurisdiction and/or
                  in Kattegat under Swedish jurisdiction .
              (3) North of 56°30' N.
              (4) Of which up to 800 tonnes in ICES division III a) north (Skagerrak), 9 450 tonnes north of 60° N and west of 2° E
                  and 50 tonnes south of 60° N.
              (5) Within the total quota of these two species up to 3 300 tonnes may be interchanged.
              (6) West of 12° W.
              (') Long liners only.
              (8) This quota does not include catches between six and 12 nautical miles from the base-lines of the United Kingdom,
                  which are allowed under the conditions laid down in the Anglo-Norwegian Fishery Agreement of 1964.
              (*) Basking shark liver.
             (10) Of which 80 tonnes west of the median line ( Canadian zone) and 750 tonnes east of the median line and south of
                  68° N.
             (u) East of the median line.
             (M) Only by-catches.
 ---pagebreak--- 30 . 12 . 78                              Official Journal of the European Communities                            No L 374/ 13
                                                             -ANNEX li
             The following details are to be entered in the log-book 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 .
                                                            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 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 I shall be transmitted to the Commission of the
                       European Communities in Brussels ( telex address 21877 COMEU) via one of the radio
                       stations listed under point 3 below and in the form specified under point 4.
 ---pagebreak--- No L 374/ 14                         Official Journal of the European Communities                              30 . 12. 78
                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
                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
                 Bergen                                                              LGN
                 Farsund                                                             LGZ
                 Flora                                                               LGL
                 Rogaland                                                            LGQ
                 Tjøme                                                               LGT
                 Alesund                                                             LGA
             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:
 ---pagebreak--- 30 . 12. 78                          Official Journal of the European Communities                            No L 374/ 15
                — 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
                    transmission ;
                — 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.
            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).
 ---pagebreak--- No L 374/ 16                         Official Journal of the European Communities                         30. 12 . 78
                                                        ANNEX IV
             The following details are to be entered in the log-book after each haul :
             (a) the present position of the vessel;
             (b) the quantity (in kg) of each species caught;
             (c) the quantity (in kg) of the catch returned to the sea ;
             (d) the date and time of the beginning and end of the fishing operation ;
             (e) the ICES division or ICNAF zone and, for prawn fishing, the sub-zone given in Annex I in
                 which the catch has been made ;
             (f) gear used ;
             (g) total of each species caught since entry into the zone.
            In addition, the contents of each transmission in accordance with Annex V shall be entered in
            the log-book.
 ---pagebreak--- 30. 12 . 78                          Official Journal of the European Communities                              No L 374/17
                                                           ANNEX V
            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 that part of ICES division XIV which is covered by
                  Community rules on fisheries, or ICNAF zones 0 + 1 :
                  (a) Name of the vessel ;
                  (b) Licence number;
                  (c) Identification number marked on the side of the vessel;
                  (d) Name of the captain;
                  (e) Radio call sign of the vessel ;
                  (f) The quantity (in kg, round weight) of each species of fish in the hold;
                  (g) Planned activity including when and where fishing is to take place.
            1.2. At weekly intervals, commencing on the seventh day after the vessel first enters the zone
                  defined in point 1.1 :
                   (a) Name of the vessel ;
                   (b) Licence number;
                  (c) Identification marked on the side of the vessel ;
                  (d) The present position of the vessel ;
                  (e) Radio call sign of the vessel;
                  (f) The period covered by the report;
                  (g) Nominal catch (round weight) in the period for all species caught, specified by ICES
                       division or ICNAF zone and, for prawn fishing, by the sub-zones given in Annex I;
                  (h) Discards (round weight) specified by species;
                  (i) Transfers at sea: species, quantities (with specification of round weight or product
                       weight) and the vessel to which it has been transferred ;
                  (j ) Date of the report;
                  (k) Name of the captain.
            1.3 . On each occasion the vessel leaves the zone defined in point 1.1 , notice should be given at
                  least 48 hours before leaving the said zone.
                  Before leaving the zone a final report corresponding to the one mentioned under 1.2 must
                  be given. This report must specify the total catches of the vessel by species and by ICES
                  division or ICNAF zone and, for prawn fishing, by the sub-zones given in Annex I.
            2.1. The information specified under point 1 shall be transmitted to the Commission of the
                  European Communities in Brussels (telex address 21877 COMEU) 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
                  Prins Christians Sund                                             OZN
                  Julianehåb                                                        OXF
                  Godthåb                                                           OXI       Central Godthåb
                  Holsteinsborg                                                     OYS
                  Godhavn                                                           OZM
            4.    Form of communication .
                  Transmission of the information specified under point 1 shall be given in the order
                  specified under points 1.1 and 1.2.