Council Regulation (EEC) No 4037/86 of 22 December 1986 laying down for 1987 certain measures for the conservation and management of fishery resources applicable to vessels flying the flag of Sweden

31 . 12 . 86 Official Journal of the European Communities No L 376 / 85
COUNCIL REGULATION (EEC) No 4037/ 86
of 22 December 1986
laying down for 1987 certain measures for the conservation and management of fishery
resources applicable to vessels flying the flag of Sweden
THE COUNCIL OF THE EUROPEAN COMMUNITIES , of three nautical miles from the coast and in certain parts
of Oresund and the Baltic Sea up to the base-lines , without
quantitative limitations ,
HAS ADOPTED THIS REGULATION:
Having regard to the Treaty establishing the European
Economic Community ,
Having regard to Council Regulation (EEC) No 170 / 83 of
25 January 1983 establishing a Community system for the
conservation and management of fishery resources ( 1 ), and
in particular Article 1 1 thereof,
Having regard to the proposal from the Commission ,
Whereas , in accordance with the procedure provided for by
the Fisheries Agreement between the European Economic
Community and the Government of Sweden ( 2 ), and in
particular Articles 2 and 6 thereof, the Community and
Sweden have held consultations concerning their mutual
fishing rights for 1987 and the management of common
biological resources ;
Whereas , in the course of these consultations , the
delegations agreed to recommend to their respective
authorities the fixing of certain fishing quotas for 1987 for
the vessels of the other party ;
Whereas , under the terms of Article 3 of Regulation (EEC)
No 170 / 83 , it is incumbent upon the Council to establish
the total catches allocated to third countries and also the
specific conditions under which the catches must be
made ;
Whereas the Agreement of 19 December 1966 between
Denmark, Norway and Sweden on mutual access to fishing
in Skagerrak and Kattegat provides that each Party shall
grant access to fishing by vessels of the other Parties within
its fishing zone in Skagerrak and part of Kattegat seawards
of four nautical miles from the base-lines , without
quantitative limitations ;
Whereas the Convention of 31 December 1932 between
Denmark and Sweden concerning fishing conditions in the
maritime waters bordering on both Parties provides that
each Party shall grant access to fishing by vessels of the
other Party within its fishing zone in the Kattegat seawards
Article 1
1 . Fishing by vessels flying the flag of Sweden in the
200-nautical-mile zone of the Member States in the North
Sea , Skagerrak, Kattegat , the Baltic Sea and the Atlantic
Ocean north of 43°00 ' N shall be authorized until
31 December 1987 for the species referred to in Annex I
within the geographical and quantitative limits laid down
therein and in accordance with the provisions laid down in
this Regulation .
2 . Notwithstanding the provisions of paragraph 1 , fishing
by vessels flying the flag of Sweden is authorized without
quantitative limits in the Skagerrak , Kattegat and
0resund .
3 . For the purposes of this Regulation :
— the Skagerrak is the area limited in the west by a line
drawn from the lighthouse of Hanstholm to the
lighthouse of Lindesnes and in the south .by a line
drawn from the Skagen lighthouse to the lighthouse of
Tistlarna and from there to the nearest coast of
Sweden ,
— the Kattegat is the area limited in the north by a line
drawn from Skagen lighthouse to the lighthouse of
Tistlarna and from there to the nearest coast of Sweden
and in the south by a line drawn from Hasenore Head
to Gniben Point , from Korshage to Spodsbjerg , and
from Gilbjerg Head to the Kullen ,
— 0resund is the area limited in the north by a line drawn
from Gilbjerg Point to the Kullen and in the south by a
line drawn from the lighthouse of Stevns to the
lighthouse of Falsterbo .
4 . Fishing authorized under paragraphs 1 and 2 shall be
limited to the parts of the 200-nautical-mile fishing zone
lying seawards of 12 nautical miles from the base-lines
from which the fishing zones of Member States are
measured , with the following exceptions :
(») OJ No L 24 , 27 . 1 . 1983 , p . 1 .
( 2 ) OJ No L 226 , 29 . 8 . 1980 , p . 1 .
( a ) fishing in Skagerrak is authorized seawards of four
nautical miles from the base-lines of Denmark:
No L 376 / 86 Official Journal of the European Communities 31 . 12 . 86
(b ) fishing in Kattegat is authorized seawards of three
nautical miles from the coast of Denmark;
(c) fishing in the Baltic Sea is authorized seawards of
three nautical miles from the base-lines of Denmark;
(d) fishing in 0resund is authorized within the areas and
in accordance with the conditions set out in
Annex II .
5 . 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 .
— 44 for fishing cod and herring in the Baltic Sea ,
— 37 for fishing herring and mackerel in ICES divisions
IV a and b ,
— 13 for fishing cod , haddock , whiting and 'others' in
ICES sub-area IV .
3 . When an application for a licence is submitted to the
Commission , the following information shall 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 ;
( 1 ) period for which a licence is requested .
4 . Each licence shall be valid for one vessel only . When
several vessels are taking part in the same fishing operation,
each vessel shall be in possession of a licence .
5 . Licences may be cancelled with a view to issuing new
licences . Cancellation shall take effect from the date of the
surrender of the licence to the Commission . New licences
shall take effect from the first of the month following that
in which they are issued .
6 . 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 .
Article 2
1 . Vessels fishing under the quotas established 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 . Vessels referred to in paragraph 1 shall keep a log-book
in which the information specified in Annex III is to be
entered .
3 . Vessels referred to in paragraph 1 shall transmit to the
Commission , according to the rules set out in Annex IV ,
the information specified in that Annex .
4 . The registration letters and numbers of the vessels
referred to in paragraph 1 must be clearly marked on the
bow of the vessels on both sides .
Article 4
The competent authorities of the Member States shall take
appropriate steps , including the regular inspection of
vessels , to ensure that this Regulation is enforced.
Article 5
Where an infringement is duly found to have taken place ,
the Member States shall , without delay , inform the
Commission of the name of the vessel involved and of any
action they have taken .
Article 6
This Regulation shall enter into force on the day of its
publication in the Official Journal of the European
Communities .
It shall apply with effect from 1 January to 31 December
1987 .
Article 3
1 . Fishing within ICES sub-areas IV and VI and ICES
divisions III c and d under the quotas established in
Article 1 shall be permitted only where a licence issued by
the Commission on behalf of the Community at the request
of the Swedish authorities is held on board and where the
conditions set out in the licence are observed .
2 . Licences shall be issued for the purposes of paragraph 1
subject to the condition that the number of licences valid at
any time during a given month shall not exceed :
/
31 . 12 . 86 Official Journal of the European Communities No L 376 / 87
This Regulation shall be binding in its entirety and directly applicable in all Member
States .
Done at Brussels , 22 December 1986 .
For the Council
The President
G. SHAW
No L 376 / 88 Official Journal of the European Communities 31 . 12 . 86
ANNEX I
Fishing quotas
Species
Area within which
fishing is authorized
Quantity
( tonnes)
Cod ICES III c , d 500
ICES IV 150 0 )
Haddock ICES IV 400
Whiting ICES IV 20 (»)
Herring ICES III c, d 2 130
ICES IV a , b 1 600
Mackerel ICES IV a , b 300
Others ICES IV 150
(') These quotas may be interchanged .
ANNEX 11
1 . Inside a depth of 7 m, only the following are allowed :
( a ) fishing by net for herring; and
( b ) fishing by lines in the months of July to October inclusive .
2 . Outside a depth of 7 m , fishing by trawl or seine is prohibited south of a line from Ellekilde Hage to
Lerberget .
3 . Notwithstanding paragraph 2 , fishing is allowed on the Middelgrunden by 'agnvod' which does not
measure more than 7,5 m between 'armspidserne'.
4 . North of the line referred to in paragraph 2 , fishing by trawl or Danish seine is allowed up to three nautical
miles from the coast .
ANNEX III
The following details are to be entered in the log-book after each haul :
1 . the quantity ( in kilograms) of each species caught;
2 . the date and the time of the haul ;
3 . the geographical position in which the catches were made ;
4 . the fishing method used ;
5 . all radio messages sent in conformity with Annex IV .
31 . 12 . 86 Official Journal of the European Communities No L 376 / 89
ANNEX IV
1 . The information to be transmitted to the Commission and the timetable for its transmission is as follows:
1.1 . On each occasion the vessel enters the 200-nautical-mile fishing zone off the coasts of the Member States of the
Community which is covered by Community rules on fisheries :
( a ) the information specified under 1.4 below;
(b ) the quantity (in kilograms) of each species of fish in the hold ;
(c ) when and where fishing is to commence .
If the fishing operation requires more than one entry into the Community fisheries zone on any given day , a
single communication on first entering the zone will be sufficient .
1.2. On each occasion the vessel leaves the 200-nautical-mile fishing zone off the coasts of the Member States of the
Community which is covered by Community rules on fisheries :
( a ) the information specified under 1.4 below;
(b) the quantity ( in kilograms) of each species of fish in the hold;
( c ) the quantity ( in kilograms) of each species caught since the previous transmission ;
(d ) the ICES division in which the catches were taken ;
( e ) the quantity (in kilograms), of each species transferred to other vessels since the vessel entered the
Community fishing zone and the identification of the vessel to which the transfer was made ;
( f) the quantity ( in kilograms) of each species landed in a port of the Community since the vessel entered the
Community fishing zone .
If the fishing operation requires more than one exit from the Community fisheries zone on any given day , a
single communication on the last exit will be sufficient .
1.3 . At three-day intervals , commercing on the third day after the vessel first enters the Community zones when
fishing for herring in the North Sea and at weekly intervals , commercing on the seventh day after the vessel first
enters the Community zones when fishing for all species other than North Sea herring:
( a ) the information specified under 1.4 below;
(b ) the quantity ( in kilograms) of each species caught since the previous transmission ;
( c) the ICES division in which the catches were made .
1.4 . ( a ) the name, call sign , identification numbers and letters of the vessel and the name of its master ;
(b) the licence number if the vessel is under licence ;
(c ) the serial number of the message;
(d ) identification of the type of message;
(e ) the date , the time and the geographical position of the vessel .
2.1 . The information specified under point 1 shall be transmitted to the Commission of the European Communities
in Brussels ( telex address 24 189 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 .
3 . Name of radio station Call sign of radio station
Skagen OXP
OXBBlåvand
Norddeich DAF DAK
DAH DAL
DAI DAM
DAJ DAN
No L 376 / 90 Official Journal of the European Communities 31 . 12 . 86
Scheveningen
Oostende
North Foreland
Humber
Cullercoats
Wick
Portpatrick
Anglesey
Ilfracombe
Niton
Stonehaven
Portishead
Land's End
Valentia
Malin Head
Boulogne
Brest
Saint-Nazaire
Bordeaux-Arcachon
Prins Christians Sund
Julianehåb
Godthåb
Holsteinsborg
Godhavn
Stockholm
Goteborg
Rønne
PCH
OST
GNF
GKZ
GCC
GKR
GPK
GLV
GIL
GNI
GND
GKA
GKB
GKC
GLD
EJK
EJM
FFB
FFU
FFO
FFC
OZN
OXF
OXI
OYS
OZM
SOJ
SOG
OYE
Central Godthåb
4 . Form of 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 ,
— 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 the Community zone: 'IN',
— message when leaving the Community zone : 'OUT',
— weekly message: 'WKL',
— three-day message: '2 WKL',
— the geographical position ,
— the ICES division in which fishing is expected to commence ,
— the date on which fishing is expected to commence ,
— the quantity ( in kilograms) of each species of fish in the hold using the code mentioned in point 5 below,
— the quantity (in kilograms) of each species caught since the previous transmission using the code mentioned
in point 5 below,
— the ICES division in which the catches were made,
— the quantity (in kilograms) of each species transferred to other vessels since the previous transmission,
— the name and call sign of the vessel to which the transfer was made ,
— the quantity (in kilograms) of each species landed in a port of the Community since the previous
transmission ,
— name of the master .
5 . The code to be used to indicate the quantities of fish on board as mentioned in point 4 above :
— A: Deep-water prawn (Pandalus borealis),
— B: Hake (Merluccius merluccius),
31 . 12 . 86 Official Journal of the European Communities No L 376 / 91
— C: Greenland halibut (Reinhardtius hippoglossoides),
— D : Cod (Gadus morhua),
— E : Haddock (Melanogrammus aeglefinus),
— F : Halibut (Hippoglossus hippoglossus),
— G: Mackerel (Scomber scombrus),
— H: Horse mackerel (Trachurus trachurus),
— I : Round-nose grenadier (Coryphaenoides rupestris),
- J: Saithe (Pollachius virens),
— K: Whiting (Merlangus merlangus),
— L : Herring (Clupea harengus),
— M: Sand-eel (Ammodytes spp .),
— N: Sprat (Clupea sprattus),
— O : Plaice (Pleuronectes platessa),
— P: Norway pout (Trisopterus esmarkii),
- Q: Ling (Molva molva),
— R: Other,
— S: Shrimp (Penaeidae),
— T: Anchovy (Engraulis encrassicholus),
— U : Redfish (Sebastes spp .),
— V: American plaice (Hypoglossoides platessoides),
— W: Squid (Illex),
— X: Yellowtail (Limanda ferruginea),
— Y: Blue whiting (Gadus poutassou),
— Z: Tuna (Thunnidae),
— AA: Blue ling (Molva dypterygia),
— BB: Tusk (Brosme brosme),
— CC: Dogfish (Scyliorhinus retifer),
— DD : Basking shark (Cetorhinidae),
— EE : Porbeagle (Lamna nasus),
— FF : Squid loligo (Loligo vulgaris),
— GG: Ray's bream (Brama brama),
— HH: Sardine (Sardina pilchardus).


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