COUNCIL REGULATION (EC) No 3376/94
of 20 December  1994
laying down for the period until 31 March 1995 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 mutual fishing rights for the period until 31 March 1995  and the management of common biological resources, whereas the Community and Norway agreed to hold  consultations on their mutual fishing rights for the remainder months of 1995 as early as possible  in 1995;
Whereas, in the course of these consultations, the delegations agreed to recommend to their  respective authorities that certain catch quotas for 1995 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 1995, 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 1994;
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 relevant 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 March 1995 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 43Â°00' N.
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. 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 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 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. 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.
Request 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 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 posession 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 the next month(s), as a consequence of an infringement of Community rules.
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.
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.
This Regulation shall enter into force on 1 January 1995.
This  Regulation shall be binding in its entirety and directly applicable in all Member States.