COUNCIL REGULATION (EEC) N° 4052/89 of 19 December 1989 laying down  for 1990 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) 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 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 1990;
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 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 1989;
Whereas, under 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 may be taken;
Whereas the fishing activities covered by this Regulation are subject to the relevant control  measures provided for by 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 registered in the Faroe Islands 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 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.  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.
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.
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); 4 for the fishing of herring in ICES division III a N (Skagerrak);
(b)15 for the fishing of N°rway 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)3 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. 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° 4199/88(1) and valid on 31 December 1989 shall  remain valid until 31 March 1990 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 1990.
This Regulation shall be binding in its entirety and directly applicable in all  Member States.