COUNCIL REGULATION (EEC) No 4199/88 of 21 December 1988 laying down for 1989 certain measures for the conservation and management of fishery resources applicable to vessels registered in the Faroe Islands
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 from the Commission,
Whereas, in accordance with the procedure provided for in Article 2 of the Agreement on fisheries between the European Economic Community, of the one part, and the Government of Denmark and the Home Government of the Faroe Islands, of the other part (3),  the Community and the Home Government of the Faroe Islands have held consultations concerning their mutual fishing rights for 1989;
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 measures should be taken to implement the results of these consultations between the Community and the Faroe Islands and thus prevent any interruption of mutual fisheries relations as at 31 December 1988;
Whereas, under 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 may be taken;
Whereas the fishing activities covered by this Regulation are subject to the relevant control measures provided for by 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 registered in the Faroe Islands 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, except in the Skagerrak, 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.
3.  Notwithstanding 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.
4.  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 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 centimetre 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.  Fishing in the waters referred to in Article 1 and within the quotas fixed in that Article shall be permitted only where a licence issued by the Commission on behalf of the Community is kept on board and where the conditions set out in  the licence are observed.
2.  Licences shall be issued for the purposes of paragraph 1 provided that the number of licences valid on any one day does not exceed:
(a) 14 for the fishing of mackerel in ICES divisions VI a (north of 56°30mN), VII e, f and h, sprat in ICES sub-area IV and division VI a (north of 56°30mN), horse mackerel in ICES sub-area IV and divisions VI a (north of 56°30mN), VII e, f and h and  herring in ICES division VI a (north of 56°30mN); four for the fishing of herring in ICES division III a N (Skagerrak);
(b) 15 for the fishing of Norway pout in ICES sub-area IV and division VI a (north of 56°30mN) and sand eel in ICES sub-area IV;
(c) 20 for the fishing, by long-line, of ling, tusk and blue ling in ICES divisions VI a (north of 56°30mN) and VI b; however, the total number of vessels allowed to fish simultaneously shall not exceed 10;
(d) 16 for the fishing, by trawl, of blue ling in ICES divisions VI a (north of 56°30mN) and VI b;
(e) 20 for the fishing of blue whiting in ICES sub-area VII (west of 12°00mW) and ICES divisions VI a (north of 56°30mN) and VI b;
(f) three for the fishing, by long-line, of porbeagle in the whole Community zone with the exception of NAFO 3 PS.
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.
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 3980/87(6) and valid on 31 December 1988 shall remain valid until 31 March 1989 at the latest, if so requested by the Faroese 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 requested.
Fishing in the Skagerrak within the limits of the quotas referred to in Article 1 shall be subject to the following conditions:
(1) direct fishing for herring for purposes other than human consumption shall be prohibited;
(2) the use of trawls and purse seines for the capture of pelagic species shall be prohibited 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 concerned 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.