COUNCIL REGULATION (EEC) N° 4048/89 of 19 December 1989 laying down for  1990 certain measures for the conservation and management of fishery resources applicable to  vessels flying the flag of N°rway
THE COUNCIL OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) N° 170/83 of 25 January 1983 establishing a Community  system for the conservation and management of fishery resources(1), as amended by the Act of  Accession of Spain and Portugal(2), and in particular Article 11 thereof,
Having regard to the proposal from the Commission,
Whereas, in accordance with the procedure provided for in Articles 2 and 7 of the Fisheries  Agreement between the European Economic Community and the Kingdom of N°rway(3), the Community and  N°rway have held consultations concerning mutual fishing rights in 1990 and the management of  common biological resources;
Whereas, in the course of these consultations, the delegations agreed to recommend to their  respective authorities that certain catch quotas for 1990 should be fixed for the vessels of the  other party;
Whereas the Agreement of 19 December 1966 between Denmark, N°rway and Sweden on reciprocal access  to fishing in the Skagerrak and Kattegat provides that each party shall grant vessels of the other  parties access to its fishing zone in the Skagerrak and part of the Kattegat up to four nautical  miles from the baselines;
Whereas the necessary measures should be taken to implement, for 1990, the results of the  consultations held between the delegations of the Community and N°rway and thus prevent any  interruption of mutual fisheries relations as at 31 December 1989;
Whereas, pursuant to the terms of Article 3 of Regulation (EEC) N° 170/83, it is for the Council to  fix the total catches allocated to third countries and to lay down the specific conditions under which such  catches must be taken;
Whereas the fishing activities covered by this Regulation are subject to the relevant control  measures provided for in Council Regulation (EEC) N° 2241/87 of 23 July 1987 establishing certain  control measures for fishing activities(4), as amended by Regulation (EEC) N° 3483/88(5);
Whereas Article 3 (2) of Commission Regulation (EEC) N° 1381/87 of 20 May 1987 establishing detailed rules concerning the marking and documentation of  fishing vessels(6) provides that all vessels with chilled or refrigerated sea-water tanks are to  keep on board a document certified by a competent authority and specifying the calibration of the  tanks in cubic metres at 10-centimetre intervals,
1.  Vessels flying the flag of N°rway are hereby authorized until 31 December 1990 to  fish for the species listed in Annex I, within the geographical and quantitative limits laid down  therein and in accordance with this Regulation, in the 200-nautical-mile fishing zone of the Member  States in the N°rth Sea, Skagerrak, Kattegat, Baltic Sea and Atlantic Ocean north of 43°00mN.
2.  Fishing authorized pursuant to paragraph 1 shall be limited to those parts of the  200-nautical-mile fishing zone lying seawards of 12 nautical miles from the baselines from which  the fishing zones of Member States are measured; however, fishing in the Skagerrak will be allowed  seawards of four nautical miles from the Danish baselines.
3.  Fishing in the parts of ICES division III a bounded in the west by a line drawn from the  Hanstholm lighthouse to the Lindesnes lighthouse and in the south by a line drawn from the Skagen lighthouse to the  Tistlarna lighthouse and from there to the nearest point on the Swedish coast shall not be subject to quantitative  limitations, with the exception of fishing for mackerel and saithe.
4.  N°twithstanding paragraph 1, unavoidable by-catches of species for which no quota has been  fixed in a given zone shall be permitted within the limits laid down by the conservation measures  in force in the zone concerned.
5.  By-catches, in a given zone, of a species for which a quota is established in that zone shall  be counted against the quota concerned.
1.  Vessels fishing within the quotas fixed in Article 1 shall comply with the  conservation and control measures and all other provisions governing fishing in the zones referred  to in that Article.
2.  The vessels referred to in paragraph 1 shall keep a log-book in which the information set out  in Annex II shall be entered.
3.  The vessels referred to in paragraph 1, except for those fishing in ICES division III a, shall  transmit to the Commission, in accordance with the rules laid down in Annex III, the information  set out in that Annex.
4.  Those vessels referred to in paragraph 1 which have chilled or refrigerated sea-water tanks  shall keep on board a document certified by a competent authority and specifying the calibration of  the tanks in cubic metres at 10-cm intervals.
5.  The registration letters and numbers of the vessels referred to in paragraph 1 must be clearly  marked on the bow of each vessel on both sides.
1.  When fishing in any ICES division under the quotas fixed in Article 1, vessels  exceeding 200 GRT must keep on board a licence issued by the Commission on behalf of the Community and must observe the conditions set out in the licence.
2.  The Commission shall issue the fishing licences referred to in paragraph 1 to all vessels for  which a licence is required by the N°rwegian authorities.
3.  Each licence shall be valid for one vessel only. Where two or more vessels are taking part in  the same fishing operation, each vessel must be in possession of a licence.
4.  Licences may be cancelled with a view to the issue of new licences. Such cancellations shall  take effect on the day before the date of issue of the new licences by the Commission. New licences  shall take effect from their date of issue.
5.  Licences shall be wholly or partially withdrawn before the date of expiry if the respective  quotas fixed in Article 1 have been exhausted.
6.  Licences shall be withdrawn in the event of any failure to meet the obligations laid down in  this Regulation.
7.  For a period not exceeding 12 months, no licence shall be issued for any vessel in respect of  which the obligations laid down in this Regulation have not been met.
8.  Licences issued pursuant to Regulation (EEC) N° 4195/88(1) and valid on 31 December 1989 shall remain valid until 31 March 1990 at the latest,  if so requested by the N°rwegian authorities.
When an application for a licence is submitted to the Commission, the following  information must be supplied:
(a)name of the vessel;
(b)registration number;
(c)external identification letters and numbers;
(d)port of registration;
(e)name and address of the owner or charterer;
(f)gross tonnage and overall length;
(g)engine power;
(h)call sign and radio frequency;
(i)intended method of fishing;
(j)intended area of fishing;
(k)species for which it is intended to fish;
(l)period for which a licence is required.
Fishing within the quotas fixed in Article 1 for blue ling, ling and tusk, shall be  permitted provided that use is made of the method commonly known as 'long-lining' in ICES division  V b and sub-areas VI and VII.
The use of trawls and purse seines for the capture of pelagic species shall be  prohibited in the Skagerrak from Saturday midnight to Sunday midnight.
Where an infringement is duly established, Member States shall without delay inform the  Commission of the name of the vessel involved and of any action they have taken.
This Regulation shall enter into force on 1 January 1990.
This Regulation shall be binding in its entirety and directly applicable in all  Member States.