COUNCIL REGULATION (EEC) No 4195/88 of 21 December 1988 laying down for 1989 certain measures for the conservation and management of fishery resources applicable to vessels flying the flag of Norway
THE COUNCIL OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 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 by 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 Norway (3), the Community and Norway have held consultations concerning mutual fishing rights  in 1989 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 1989 should be fixed for the vessels of the other party ;
Whereas the Agreement of 19 December 1966 between Denmark, Norway 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 1989, the results of the consultations held between the delegations of the Community and Norway and thus prevent any interruption of mutual fisheries relations as at 31 December 1988;
Whereas, pursuant to the terms of Article 3 of Regulation (EEC) No 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) No 2241/87 of 23 July 1987 establishing certain control measures for fishing activities (4);
Whereas Article 3 (2) of Commission Regulation (EEC) No 1381/87 of 20 May 1987 establishing detailed rules concerning the marking and documentation of fishing vessels (5) 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-cm intervals,
1.  Vessels flying the flag of Norway are hereby authorized until 31 December 1989 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 North Sea, Skagerrak, Kattegat, Baltic Sea and Atlantic Ocean north of 43°00mN.
2.  Fishing authorized under 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.  Notwithstanding paragraph 1, unavoidable by-catches of species for which 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. Until 1  January 1990, and in the absence of such documents, the relevant certification shall be established and signed by the vessel owner.
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 Norwegian 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. Cancellation shall take effect from the date on which the licence is surrendered to the Commission. New licences shall take effect from the first of the month following that in  which they are issued.
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) No 3979/87 (6) and valid on 31 December 1988 shall remain valid until 31 March 1989 at the latest, if so requested by the Norwegian 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 1989.
This Regulation shall be binding in its entirety and directly applicable in all Member States.