Proposal for a Council Regulation (EC) laying down for 1998 certain measures for the conservation and management of fishery resources applicable to vessels flying the flag of Estonia
COMMISSION OF THE EUROPEAN COMMUNITIES Brussels, 12. 12. 1997 COM(97)689 final Proposal for a COUNCIL REGULATION (EO laying down for 1998 certain measures for the conservation and management of fishery resources applicable to vessels flying the flag of Estonia (presented by the Commission) EXPLANATORY MEMORANDUM In conformity with the Agreement on Fisheries Relations between the European Community and the Republic of Estonia, signed in Brussels on 19 December 1996, consultations were held between the Community and Estonia in Brussels on 3-4 November 1997, resulting in an Agreed Record of conclusions defining a reciprocal fisheries arrangement for 1998. The purpose of this proposal for a regulation is to authorize Estonian vessels to fish the quotas allocated to them for 1998 in waters of the Community, in accordance with the above mentioned reciprocal arrangement. z Proposal for a COUNCIL REGULATION (EC) No /98 of. December 1997 laying down for 1998 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 Community, 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 Commission, Whereas, in accordance with the procedure provided for in the Agreement on fisheries relations between the European Community and the Republic of Estonia , and in particular Articles 3 and 6 thereof, the Community and Estonia have held consultations concerning their mutual fishing rights for 1998 and the management of common living resources; Whereas, in the course of these consultations, the delegations agreed to recommend to their respective authorities that certain catch quotas for 1998 should be fixed for the vessels of the other Party; Whereas the necessary measures should be taken to implement, for 1998, the results of the consultations held with Estonia; Whereas it is for the Council to lay down the specific conditions under which catches by vessels, flying the flag of Estonia can be taken; 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 establishing 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 concerning the marking and documentation of fishing vessels provides that all vessels with chilled or refrigerated sea-water tanks are to keep on board a document, certified by a competent authority, indicating the calibration of the tanks in cubic metres at 10-centimetre intervals; OJNo L 389, 31. 12. 1992, p. 1. Regulation as amended by the 1994 Act of Accession OJNoL 332, 20. 12. 1996, p. 16. OJNo L261, 20. 10. 1993, p. 1. OJNo L 132, 21. 5. 1987, p. 9. 3> Whereas, for imperative reasons of common interest, this Regulation will apply from 1 January 1998, HAS ADOPTED THIS REGULATION: Article 1 1. From 1 January to 31 "December 1998, 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 Regulation, in the 200-nautical-mile fishing zone of the Member States in the Baltic Sea. Fishing for cod shall be prohibited in the Baltic Sea, the Belts and the Sound from 10 June to 20 August 1998 inclusive. Fishing authorized under paragraph 1 shall be limited to those parts of the 200-nautical- 2. mile fisliing zone lying seawards of 12-nautical-miles from the baselines from which the fishing zones of Member States are measured and south of 59°30' North. 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 measures in force in the zone concerned. By-catches in a given zone of a species for which a quota is established in that zone shall 4. be counted against the quota concerned. Article 2 Vessels fisliing within the quotas fixed in Article 1 shall comply with the conservation and 1. control measures and all other provisions governing fishing in the zone referred to in that Article. The vessels shall "keep a log-book in which the information set out in Annex II shall be 2. entered. The vessels shall transmit to the Commission, in accordance with the rules laid down in 3. 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, indicating the calibration of the tanks in cubic metres at 10-centimetre intervals. The registration letters and numbers of vessels must be clearly marked on the bow of each 5. vessel on both sides. wsHmmm^®^\izcmd^teimm<!m V Article 3 Fishing under the quotas fixed in Article 1 shall be permitted only where a licence and a 1. special fishing permit has been issued by the Commission, on behalf of the Community, at the request of the Estonian authorities and in compliance with the conditions set out in Annexes II and III. Copies of these Annexes and the licence and the special fishing permit shall be kept on board of each vessel. The vessels to be licensed for fishing in the Community zone during a given month will be notified at the latest by the 15th day of the preceding month. The Community shall expeditiously process requests for adjustments to a monthly list during its duration. When an application for a licence and a special fishing permit is submitted to the 2. Commission, the following information must be supplied: (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) (1) name of vessel; registration number; external identification letters and numbers; port of registration; name and address of the owner or charterer; gross tonnage and overall length; engine power: call sign and radio frequency; intended method of fishing; intended area of fishing; species for which it is intended to fish; period for which a licence is requested. Licences and special fishing permits shall be issued provided that the number of licences 3. valid at any time during a given month or year does not exceed the amount mentioned in Annex I. 4. Only fishing vessels under 43 metres are authorized to fish. Each licence and special fishing permit shall be valid for one vessel only. Where two or 5. more vessels are taking part in the same fishing operation, each vessel must be in possession of a licence and special fishing permit. Licences and special fishing permits may be cancelled with a view to the issuing of new 6. 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. Licences and special fishing permits shall be wholly or partially withdrawn before the date 7. of expiry if the respective quotas fixed under Annex I have been exhausted. Licences and special fishing permits shall be withdrawn in the event of any failure to meet 8. the obligations laid down in this Regulation. r 9. For a period not exceeding twelve 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. 10. The Commission, on behalf of the Community, shall submit to Estonia the names and characteristics of Estonian 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. Article 4 Vessels authorised to fish on 31 December may continue fishing as from the beginning of next year until the list of vessels permitted to fish during the year in question is submitted to and approved by the Commission on behalf of the Community. Article 5 This Regulation shall enter into force on the day of its publication on the Official Journal of the European Communities. It shall apply from 1 January 1998. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels,. December 1997. For the Council The President ç ANNEX I Estonian catch quotas and licences for 1998 Fishing zone of the Members States of the Community >*•*•*#* Cod Herring Sprat ICES IIId(1) ICESIIId(I) ICES IIId(1) 1,100 4,000 4,000 LUisSïTSsâ; } , } 120(70) } } G) (2) Beyond 12-nautical-miles from the baselines from which the territorial sea is measured and south of 59°30' North. The number of licences and special fishing permits valid at any given time is mentioned between brackets. ^ ANNEX II When fishing within the 200-nautical-mile zone off ,the coasts of the Member States of the Community which is covered by Community rules on fisheries, the following details are to be entered in the logbook immediately after the following events: 1. 2. 3. 4. After each haul: 1. 1. 1. 2. 1. 3. 1. 4. the quantity (in kilograms live-weight) of each species caught; the date and the time of the haul; the geographical position in which the catches were made; the fishing method used. After each transhipment to or from another vessel: 2. 1. 2. 2. 2. 3. the indication "received from" or "transferred to"; the quantity (in kilograms live-weight) or each species transhipped; the name, external identifications letters and numbers of the vessel to or from which the transhipment occurred; transhipment of cod is not allowed. 2. 4. After each landing in a port of the Community: 3. 1. 3. 2. name of the port; the quantity (in kilograms live-weight) of each species landed. After each transmission of information to the Commission of the European Communities: 4. 1. 4. 2. 4. 3. date and time of the transmission; type of message: IN, OUT, ICES, WKL or 2 WKL; in the case of radio transmission: name of the radio station. ANNEX m 1. The information to be transmitted to the European Commission and the timetable for its transmission is as follows: 1. 1. On each occasion the vessel enters the 200-nautical-mile zone off the coasts of the Member the information specified under 1. 5; the quantity (in kilograms live-weight) of each species of fish in the hold; the date and ICES division within which the master intends to commence fishing. States of the Community which is covered by Community rules on fisheries: (a) (b) (c) Where the fishing operations necessitate more than one entry into the zone referred to under 1. 1 on a given day, one communication shall suffice on first entry. 1. 2. On each occasion the vessel leaves the zone referred to under 1. 1: (a) (b) (c) (d) (e) (f) the information specified under 1. 5; the quantity (in kilograms live-weight) of each species of fish in the hold; the quantity (in kilograms live-weight) of each species caught since the previous transmission; the ICES division in which the catches were taken; the quantity (in kilograms live-weight) of each species transferred to and/or from other vessels since the vessel entered the zone and the identification of the vessel to which the transfer was made; the quantity (in kilograms live-weight) of each species landed in a port of the Community since the vessel entered the zone. Where the fisliing operations necessitate more than one entry into the zone referred to under 1. 1 on any given day, one single communication on the last exit will be sufficient. 1. 3. At three-day intervals, commencing on the third day after the vessel first enters the zone referred to under 1. 1 when fishing for herring, and at weekly intervals, commencing on the seventh day after the vessel first enters the zone referred to under 1. 1 when fishing for all species other than herring: (a) (b) the information specified under 1. 5; the quantity (in kilograms live-weight) of each species caught since the previous transmission; the ICES division in which the catches were made. (c) 1. 4. On each occasion the vessel moves from one ICES division to another: (a) (b) (c) the information specified under 1. 5; the quantity (in kilograms live-weight) of each species caught since the previous transmission; the ICES division in which the catches have been taken. _ •. 1. 5. (a) (b) (c) (d) (e) The name, call sign, external identification letters and numbers of the vessel and the name of its master; the licence number if the vessel is under licence; the serial number of the message for the voyage concerned; identification of the type of message; the date, the time and the geographical position of the vessel. 3 2. 1. The information specified under point 1 shall be transmitted to the European Commission in Brussels (telex 24189 FISEU-B) via one of the radio stations listed under point 3 below and in the form specified under point 4. 2. 2. If it is impossible for reasons of force majeure for the message to be transmitted by the vessel, it may be transmitted on the vessel's behalf by another vessel. Name of radio station Call sign of radio station Blâvand Norddeich Scheveningen Oostende North Foreland Humber Cullercoats Wick Portpatrick Anglesey Ilfracombe Niton Stonehaven Portishead Land's End Valentia Malin Head Boulogne Brest Saint-Nazaire B ordeaux-Arcachon Stockholm Gryt Gôteborg Ronne Maarianhamina Helsinki OXB DAFDAK DAHDAL DAI DAM DAJDAN PCH OST GNF GKZ GCC GKR GPK ' GLV GIL GNI GND GKA GKB GKC GLD EJK EJM FFB FFU FFO FFC SDJ (no call sign) SOG OYE OHM OHG Form of the communications The information specified under point 1 shall contain the following elements which shall be given in the following order: name of vessel; call sign; / )o external identification letters and numbers; serial number of the message for the voyage in question; indication of the type of message according to the following code: message when entering one of the zones referred to under 1. 1: "IN", message when leaving one of the zones referred to under 1. 1: "OUT", message when moving from one ICES division to another: "ICES", weekly message: "WKL", three-day message: "2 WKL"; me date, the time and the geographical position; the ICES divisions/sub-areas in which fishing is expected to commence; the date on which fishing is expected to commence; the quantity (in kilograms live-weight) of each species of fish in the hold using the code mentioned in point 5; the quantity (in kilograms live-weight) of each species of fish caught since the previous transmission using the code mentioned in point 5; the ICES division/sub-areas in which the catches were made; the quantity (in kilograms live-weight) of each species transferred to and/or from other vessels since the previous transmission; the name and call sign of the vessel to and/or from which the transfer was made; the quantity, (in kilograms live-weight) of each species landed in a port of the Community since the previous transmission; the name of the master. The code to be used to indicate the species on board as mentioned in point 4 above: COD SAL HER SPR - - - - Cod (Gadus morhua), Salmon (Salmo salar), Herring (Clapea harengus), Sprat (Sprattus sprattus). AA ISSN 0254-1475 COM(97) 689 final DOCUMENTS EN 03 04 05 10 Catalogue number : CB-CO-97-711-EN-C ISBN 92-78-29105-6 Office for Official Publications of the European Communities L-2985 Luxembourg -i c