COUNCIL REGULATION (EC) No 3075/95
of 22 December 1995
laying down, for  1996, certain measures for the conservation and management of fishery resources applicable to  vessels flying the flag of Norway
THE COUNCIL OF THE EUROPEAN UNION
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 3760/92 of 20 December 1992 establishing a Community  system for fisheries and aquaculture (1), and in particular Article 8 (4) 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 Norway (2), the Community and  Norway have held consultations concerning their mutual fishing rights for 1996 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 1996 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 4 nautical miles  from the baselines;
Whereas it is for the Council 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 control measures  provided for in Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control  system applicable to the common fisheries policy (3);
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 (4), 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 Norway are hereby authorized until 31  December 1996 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° 00&prime; N.
2. Fishing auhtorized 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 4 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 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 shall keep a logbook in which the information set out in Annex II shall be entered.
3. The vessels, 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 which have chilled or refrigerated sea-water tanks shall keep on board a document  certified by a competent authority and indicating the calibration of the tanks in cubic metres at  10-centimetre intervals.
5. The registration letters and numbers of the vessels 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 hold a licence and special fishing permit issued by the Commission on behalf  of the Community and must observe the conditions as established by that licence and special fishing  permit.
Norway shall notify to the Commission the name and characteristics of the vessels for which  licences and special fishing permits may be issued.
2. The Commission shall issue the fishing licences and special fishing permits referred to in  paragraph 1 to all vessels for which a licence and special fishing permit is required by the  Norwegian authorities.
Requests for amendments to the list of vessels licensed may be made at any time and shall be  processed expeditiously.
3. When an application for a licence and special fishing permit 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.
4. Each licence and special fishing permit 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 and special fishing permit.
5. Licences and special fishing permits may be cancelled with a view to the issue of new licences  and special fishing permits. Such cancellations shall take effect on the day before the date of  issue of the new licences and special fishing permits by the Commission. New licences and special  fishing permits shall take effect from their date of issue.
6. Licences and special fishing permits shall be wholly or partially withdrawn before the date of  expiry if the respective quotas fixed in Article 1 have been exhausted.
7. Licences and special fishing permits shall be withdrawn in the event of any failure to meet the  obligations laid down in this Regulation.
8. For a period not exceeding 12 months, no licence and special fishing permit shall be issued for  any vessel in respect of which the obligations laid down in this Regulation have not been met.
9. The Commission shall submit on behalf of the Community, to Norway, the name and the  characteristics of the Norwegian vessels which will not be authorized to fish in the Community's  fishing zone for the next month(s), as a consequence of an infringement of Community rules.
Fishing 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 subareas 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.
Vessels authorized to fish on 31 December may continue their fishing activities as from  the beginning of the following year, on the basis of this authorization, until the new lists of  vessels for the year in question have been approved by the Commission on behalf of the Community.
This Regulation shall enter into force on 1 January 1996.
This Regulation shall be binding in its entirety and directly applicable in all  Member States.