Legal provisions of COM(1982)80 -

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dossier COM(1982)80 - .
document COM(1982)80 EN
date April 28, 1982

Contents

Article 1

1. The only fishing activities by vessels registered in the Faroe Islands in the 200 nautical mile zone of the Member States in the North Sea, Skagerrak, Kattegat, the Baltic Sea, the Labrador Sea, Davis Strait, Baffin Bay and the Atlantic Ocean north of 43° N which shall be authorized until 31 December 1982 are those for the species mentioned in Annex I within the geographical and quantitative limits laid down in this Regulation.

2. Fishing authorized under paragraph 1 shall be limited except in Skagerrak 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.

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.

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.

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 set out in Annex II is to be entered.

3. Vessels referred to in paragraph 1, including those carrying out fishing for prawns under special conditions in ICES sub-area XIV, but excluding those fishing in ICES division III a), shall transmit to the Commission the information set out in Annex III. This information is to be transmitted according to the rules set out 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 vessel on both sides.

Article 3

1. Fishing within the waters referred to in Article 1, except in Skagerrak under the quotas established in the said Article, shall be permitted only where a licence issued by the Commission on behalf of the Community is held on board and where the conditions set out in the licence are observed.

2. The issue of licences for the purpose of paragraph 1 shall be subject to the condition that the number of licences valid on any one day shall not exceed:

(a) 14 for fishing mackerel in ICES division VI a) (north of 56° 30' N) and ICES divisions VII e), f) and h), sprat in ICES sub-area IV and division VI a) (north of 56° 30' N), horse mackerel in ICES sub-area IV and division VI a) (north of 56° 30' N), VII e), f), h) and herring in ICES division VI a) (north of 56° 30' N);

(b) 12 for fishing Norway pout in ICES sub-area IV and division VI a) (north of 56° 30' N) and sandeel in ICES sub-area IV;

(c) 11 for fishing northern deep-water prawn (Pandalus borealis) in ICES sub-area XIV and in NAFO sub-area 1 (south of 68° N). However, the total number of vessels allowed to fish simultaneously shall be limited to eight in ICES sub-area XIV and to seven in NAFO sub-area 1;

(d) 20 for fishing ling and tusk in ICES division VI b). However, the total number of vessels allowed to fish simultaneously shall be limited to 10;

(e) 12 for fishing blue ling in ICES divisions VI a) (north of 56° 30' N) and VI b);

(f) six for fishing Greenland halibut in NAFO sub-area 1 and ICES sub-area XIV;

(g) 14 for fishing blue whiting in ICES sub-area VII (west of 12° W) and ICES divisions VI a) north of 56° 30' N) and VI b);

(h) three for fishing porbeagle in the whole Community zone with the exception of NAFO 3PS;

(i) six for fishing redfish in ICES sub-area XIV;

(j) 10 for fishing capelin in ICES sub-area XIV.

3. 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.

4. Licences may be cancelled with a view to the issue of new licences. The cancellation shall take effect from the date of the surrender of the licence to the Commission.

5. Should there be an infringement of the obligations fixed by this Regulation the licence shall be withdrawn.

6. No licence shall be issued for a maximum period of 12 months for vessels in respect of which the obligations laid down in this Regulation have not been observed.

7. Licences issued pursuant to Regulation (EEC) No 380/82 shall remain valid until 31 December 1982, if so requested by the Faroese authorities.

Article 4

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;

(l) period for which a licence is requested.

Article 5

Fishing for tusk, ling and porbeagle within the limits of the quotas referred to in Article 1 shall be allowed only if the method commonly known as long-lining is used.

Article 6

Fishing in Skagerrak within the limits of the quotas referred to in Article 1 shall be subject to the following conditions:

1. Directed fishing for herring is prohibited from 1 October to 31 December 1982.

2. Directed fishing for herring for purposes other than human consumption shall be prohibited.

3. The use of trawl and purse seine for the capture of pelagic species shall be prohibited from Saturday midnight to Sunday midnight.

Article 7

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 8

Where an infringement is duly established the Member States shall, without delay, inform the Commission of the name of the vessel involved and of any action they have taken.

Article 9

Quantities fixed under Council Regulation (EEC) No 380/82 shall be deducted from quotas laid down in this Regulation.

Article 10

This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.

It shall apply until 31 December 1982. This Regulation shall be binding in its entirety and directly applicable in all Member States.