No L 363/72 Official Journal of the European Communities 31. 12. 94 COUNCIL REGULATION (EC) No 3365/94 of 20 December 1994 l'aying down for 1995 certain measures for the conservation and management of fishery resources applicable to vessels flying the flag of Estonia THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Com- munity, . ‘ Having regard to Council Regulation (EEC) No 3760/92 of 20 December 1992 establishing a Community system for fisheries and aquaculture (*), and in particular Article 8 (4) thereof, Having regard to the proposal from the Cominission, ‘ Whereas, in accordance with the procedure provided for in the Agreement of fisheries relations between the European Economic Community and the Republik of Estonia (), and in particular Articls 3 and 6 thereof, the Community as con- stituted on 31 December 1994 and Estonia have held consul- - tations concerning their mutual fishing rights for 1995 and the management of common living resources; Whereas, in accordance with the procedure providing for in the Agreement on fisheries of 24 February 1993 between the Kingdom of Sweden and the Republic of Estonia, Sweden and Estonia have held consultations concerning their mutual fishing rights for 1995; Where, in accordance with the procedure provided for in the Agreement on fisheries of 21 January 1994 between the Republic of Finland and the Republic of Estonia, Finland and Estonia have held consultations concerning their mutual fishing rights for 1995; : Whereas, in accordance with Articles 96 and 124 of the 1994 Act of Accession, fisheries agreements concluded by the Republic of Finland and the Kingdom of Sweden with third countries shall be managed by the Community;- Whereas, in the course of these consultations, the delegations agreed to recommend to their respective authorities that cer- tain catch quotas for 1995 should be fixed for the vessels of the other Party; Whereas the necessary measures should be taken to imple- ment, for 1995, the results of the consultations held with- Estonia; Whereas it is for the Council to lay down the specific con- ditions under which catches by vessels flying the flag of Estonia must be taken. () OJ NoL 389, 31. 12. 1992, p. 1. (®» OJNoL56,9.3.1993, p. 2. Whereas the fishing activities covered by this Regulation are subject to the control measures provided for by Council Regulation (EEC) No 2847/93 of 12 October 1993 estab- lishing a control system applicable to the common fisheries policy (). Whereas Article 3 (2) of Commission Regulation (EEC) No 1381/87 of 20 May 1987 establishing detailed rules concern- ing the marking and documentation of fishing vessels (*) pro- vides that all vessels with chilled or refrigerated sea-water tanks are to keep on board a document certified by a com- petent authority and indicating the calibration of the tanks in cubic metres at 10 centimetre intervals, HAS ADOPTED THIS REGULATION Article I 1. From 1 January to 31 December 1995, vessels flying the -flag of Estonia are hereby authorized to fish for the species listed in Annex I, within the geographical and quantitative limits laid down therein and in accordance with this Regu- lation, in the 200-nautical-mile fishing zone of the Member States in the Baltic Sea. 2. Fishing authorized under paragraph 1 shall be limited to those parts of the 200-nautical-mile fishing zone lying sea- wards 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 a species for which no quota is established in a zone shall be permitted within the limits fixed in the conservation mea- sures in force in the zone concerned. 4. By-catches in a given zone of a species for whicha quota - is established in that zone shall be counted against the quota concerned. ' Article 2 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 zonas referred to in that Article, including the recommendations of the 20th Ses- sion of the International Baltic Sea Fishing Commission. () OJ No L 261, 20. 10. 1993, p. 1. () OJ No L 132, 21. 5. 1987, p. 9.