Explanatory Memorandum to COM(1982)80 -

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dossier COM(1982)80 - .
source COM(1982)80 EN
date 26-02-1982


In accordance with the framework agreement on fisheries between the European Economic Community on the one hand and the Government of Denmark and the Home Government of the Faroe Islands on the other, the two parties held consultations define their reciprocal conditions for fishing in 1982, These resulted on 1 February 1982 in an agreement on the subject of each party’s fishing rights in 1982 in the other's waters.

It is the purpose of the Regulation proposed hereby to establish a regime allowing Faroese vessels to fish in the Community fishery zone in accordance with the agreement reached during these consultations.

The arrangements provided for in this Regulation are based upon the results of the said consultations as set out in the agreed record signed

by the heads of delegations.

Since the interim regime under which Faroese vessels are authorised to fish at present in the Community's fishery zone {Regulation (EEC)

No. /82) expires on 30 April 1982 it is necessary that a new regime

is adopted before that date if an interruption of the reciprocal fishing activities between the Community and the Faroe Islands is to be avoided.

PROPOSAL FOR A COUNCIL INSULATION (EEC)

laying down for 1982 certain measures for -the conservation and management of fishery resources applicable® to vessels registered in the Faroe Islands

THE COUNCIL. OF ITS EUROPEAN COMMUNITIES,

Having regard to the Treaty" establishing the European Economic Community, and in particular Article 43 thereof.

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament (1),

Whereas, in accordance with the procedure provided for by the Fisheries Agreement between the European Economic Coumunity, on the one hand, and the Government of Denmark and the local Government of the Faroe Islands, on the other hand , and in particular Article 2 thereof, the Community, on the one hand, and the Government of Denmark and the local Government of the Faroe Islands, on the other hand, have held consultations concerning their mutual fishing rights for 1982 ;

Whereas, during these consultations tine delegations agreed to recommend to their respective authorities that they fix certain catch quotas for 1982 for vessels of the other Party ;

Whereas the interim regime laid down in Council Regulation (EEC) No 287/82 authorizing fishing by Faroese vessels in the Community fishery zone , which expires on 30 April 1982, should be replaced by a definitive regime for 1982 in accordance with the arrangements negotiated between the Community and the Faroe Islands,

<1) 0J No C

0J No L 30, 6.2.1982, p. 1

Article I

. The only fishing activities hv vessels registered in the Faroe Islands in

the 200-naurical-miic rone of the Member States in the North Se3, Skagerrak, Kattegat, the Baltic Sea, the j Labrador Sea, Davis Strait, Baffin Bay and the Atlantic '

Ocean north of 43° N vthich shall'be authorized \ until 3X december 1982 j

are those .

for the species mentioned in Annex I within the geographical and quantitative limits laid down therein and in accordance with the conditions laid down in this Regulation.

Fishing authorized under paragraph 1 shall be limited except in Skagcrrak to the parts of the 200-nauttcai-miic fishing tone lying seawards of 12 nautical miles from the base-lines from which the territorial seas of Member States are measured.

3. Notwithstanding paragraph 1, unavoidable by-catchcs 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.

1.

4. By-catchcs 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

• .

I. Vessels fishing under the quotas established in Article i 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 she information set out in Annex 11 is ;

to be entered. i

'

. ' ■ • I

3. Vessels referred to in paragraph 1, including those _ _ .

carrying out fishing for shrimps*"under spscific conditions in ICES

sub-jrea XIV but excluding those fishing in ICES division 111 a) shall transmit to the Commission the information set out in Annex HI. This information is to ,

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

ho transmuted according to the rules set out in this Annex.

4. The registration letters and numbers of the vessel* t referred to >n paragraph 5 must be clearly marked on j the how of the vessel on both sides. • 2


2.

0. No licence shall he issued for a maximum period of ‘


12 months for vessels in respect of which the obligations laid, down in this Regulation have not been f'bswved.

7, Licences issued pursuance to Regulatia ( EEC) N®. /8.2 . shall remain valid

until 31 December 1982 ' __

, if so requested by the " Faroese authorities,,


Article .?


l. I ishmg wiihin the waters referred to irt Article 1 under die quotas established in the said Article shall be permuted 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 arc observed.


except in Skagerrak/

Article 4


When an application for a licence is submitted to rbe ‘ 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;

(c) 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 s licence is requested.

(a) 16 for fishing mackerel ' in SCF.S

. division VI a) (north of 56® 30' N) arul ICES divisions VII e), 0 and h) . sprat in KT.S ciih-.irca IV and division Vi a) (north of 56° or Njjjjjd horse mackerel in rrr-.t? sub area IV and division Via (north of 56*30^) , VIIe,£,h

3.

. (b)l2 for fishing Norway poutin ICES sub-area IV and


division VI a) (north of 56° 30' N) and sandeel in ICES sub-area IV;

(c) 9 .’or fishing northern deep-water prawn (Pandalus borealis) in 10:5 sub-area XlVand 8 in NAFG

. sub-area 1 (south of 68 ®N)

(d) 17 for fishing ling and tusk in ICES division VI b);

(c) 6 for fishing blue ling in ICES divisions IV a) id (north'of 56°30'N) and VIb) ; *

(0 6 for fishing Greenland halibut in NAFO subarea 1 and ICES sub-area XIV; i

(g) 14 for fishing blue whiting in ICES sub-area Vll ]

(west of 12* W) and 1CF.S divisions VI a) (north of j 56® 30’ N) and VI b); J

(h) 3 for fishing porbeagle.

i) 16 for herring fisheries in ICES division Via (north of 56®30*N)

j) 6 for recifish fisheries in ICES sub-area

XIV ;

k) 10 for capelin fisheries in ICES sub-area

XIV.


Article S

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

4.

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


'directed fishing for herring is prohibited

‘ from 1 October to

31 December 1982:

directed fishing for nerring for purposes other than human consumption shall be prohibited;

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


3. Each licence dial! be valid for one vessel only. When several vessels are taking part in the same fishing operation, each vessel shall he in possession of a licence.


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


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

, Article 7

The competent authorities of the Member States shall rake appropriate steps, including the regular inspection of vessels, so ensure that this Regulation is enforced.

Article 8

5.

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. /82 will be debited to the

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.

6.

t - *


It shall apply until 31 December 1982 „

This Regulation shall be binding in its entirety and directly applicable in all Member States.

t

Done at Brussels,

For the Council

The President

Fishing quotash
SPECIES •Fishinci zones

ICES division or NAFO zone
Quantity (tonnes)
LingVTb .500 C
TuskVTb500 C
Elue linaVIa ,VIb400
MackerelIV
MackerelVIa(2)fVIIe,f,h10.000
HerringV.Ia(2)1.800
Horse mackerelIV, VIa,VXIe,f,h6.0C0
Norway poutIV,VIa(2)20.000 (3i ('-
SpratIV, VIu(2)15.000
SandeelIV15.000 (?
Blue whitingVIa,VIb,VII(5>25.000
Other white fish (by-catches only)IV,VIa .750
HerringIIIaN(Skagerrak)(6)<>

600
Northern deepwater/
Prawn (Panda!usNAFO 1(7)500
borealis)XIV7C0
Greenland halibutNAFO 1 '150
XIV150
Redfish 'XIV500
PorbeagleEntire Cty.zone exc.NAFO 3PS300
CapelinXIV10.000

(1) These quotas / are interchangeable i

(2) North of 56°30'N ■

(3) Each of these quotas may be exceeded by a maximum of 5.000t provided tha' the total catches of Norway pout, sandeel and sprat do not exceed 50.COO

(43 Of which maximum 7.000 t may be fished in ICES Via north of 55*30'N to the provision on request by the EEC of details of the quantity and composition of any bycatch taken '

(5) West of 12 °W

(6) Limited in the west by a line drawn from the lighthouse of Hansthoim tc lighthouse of Lindesnes and in the south by a line drawn from Skagen lighthouse to the lighthouse of Tistlarna and from there to the nearest coast of Sweden

(7) South of 68"N

3. The following details are w he entered in the log-hook after eachu'| when fishing within the 200 nautical mile fishing 'NIC of/ the 'uits *'f the Member States of the Community which is covered by exclusive Community rules on tssheness

3.3. ihe ouantuy {m kg) of each species caught including by-catches ;

1.2. the dale and the tune of the haul;

7.

3.3. the geographical position in which the catches ween? made; . •


1.4. the fishing method used.

1.5. all radio messages sent in conformity with Annex III.

2. The following ktg-book has to bs used when fishing within NAFO sob-area I and ICES sub-astrae XIV and V. .

EUROPEAN COMML'N! I'll V IOC-BOOK FOR NAFO SUB-AREA ! AND ICES SUB-AREAS XIV AND V

DateNoon position (GSSTj !
DayMonthYeari.utitude3 nngitudeNAH)

dl\tslollO'(
11

„„ 1. ■— -■
.LJ I LfcLLL LJL '-J__L_LJ
Vessel name
SiJe No
i!!LJL 1 l LJ

omiminitiiV licence No

JL~J LJ L

1 tflli*

dm

1AIT
Time

ii **

ttimhl J (.Mi
Hours

hvhcii
Drprh

metre's.
I’iHitKin

At s(jn tow
Tip* ut prarNumber iif net*

■ ir tine's uted
Mish

sue
Catch by species (kilograms - round weight)
1 ddtuJtJ ••open > IkN MO

JtMMIKI
imR-.Jii-sh

I'i
U'*J

halihul

1 1 *
H-M'bot

■12U
U“unJ iio'v PlAiJkt

i*.K
t

IX#
t jpi-lm Mi1lYmn
Kepi ■
I'BsjrJctl
Kvfi
1Kept
DiwJrJvd
Kepi
Dm.(rJrJ
Kipi
DtHCAfiW1 ?

u J
!Kepi|j
DisejnicJ!
Kept
ftacjrdtdUM^BJ
Sub-total tor day

______
Kepi
DlSKdf sii'lt1t
Total for voyageKept
DiscarUrd■ -
Round weight (kilograms) processed tod.iv lor human consumption1 .
Round weight (kilograms) processed today lor reduction)....
| Totalrr■ eW ■■
Remarks

8.

Master's signature


ASSF.X GJ

I. The information '> hr transmitted to the Commission and the timetable for in transmission are as follows:

9.

1.1. On each occasion the vessel enters: •


10.

1.1.1. the 2(H) nauinal mile fishing zone oil the coasts of the Member States of the Community, oe


11.

1.1.2. NAK) sub-area I as defined by the Convention on Future Multilateral Cooperation in the North*


West Atlantic Fisheries situated under the lurisdtction of Denmark

(a) the information specified under point 1.5 below;

(b) the quantity (tit kg} of each '
pt\K' of fish in the hold; -

(c) the date and NAFO sub-atra or It I % division within which the captain intends to commence fishing.

• & Where the fishing operations necessitate more than one entry into the zones referred to under

■ 1.1.1 and 1.1.2 on a given day one communication shall suffice on fust entry.

1.2. On each occasion the vessel leaves:

1.2.1. the zone referred 10 under l.l.I: ■

(a) the information specified under point 1.5 below;

(b) the quantity (in kg) of each species of fish in the hold; - .

' (c) the quantity (in kg) of cash species caught since the previous transmission;

(d) the ICFS division or NAIO sub-area in s huh the catches were taken;

(r) the quantity (in kg) of rash s|h-ch-s transferred to other vessels since the vessel entered the zone ’ and the idciitilu.iiion of the vessel to which the transfer was made;

(f) the quantits (m kg) of rash species lands-J in a port of the t ommunity since the vciscl entered the zone;

1JL2. the zone referred to under 1.1.2: 1

information referred to under (a). (h>, (sj, (d). (c). (0;

(g) the quantity (in kg) of discards specified by species since the previous transmission.

1.3. A norice of departure at least 4H hours prior to the vessel's scheduled exit from the zone referred to under 1.1.2 and l( IS sub area XIV.

X.4. When fishing for demersal species at weekly intervals, commencing cn the seventh day after the vessel first enters the zones referred to under 1.1.1 and 1.1.2. .

When fishing for pelagic species at daily intervals, commencing the d after the vessel first enters the zone referred to under 1.1.1 :

■ (a) the information specified umls-r point l.5brlow; '

(b) the quantity on kg) of cash species caught siiue the previous transmission;

(c) the It i s division or NAFO sub-aiea in whuh the catches were made.

1.5 (a) ihe name, call sign, identification numbers and letter* of the vesiel and the name of it*

master;

(b) the licence number if the vessel n 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 \ skill W t'n-.minrd to the Commbekm of the European Cismtmun.'tjo sn Brussels (tele1 address 24 IS-> ! iSt D-fii via one of the radio nations listed under point .1 below and m the form spesiliesi under point 4,

2.2, If it is impossible for reasons of force mupwe for die message 10 :' transmitted by the vessel, it may be transmitted on the vessel’s behalf by .imnher vesad. 1

AMMAS3ALIK-

Name ttf raJiv itatiua:Of? tigti o
Skagen 'OXf
^DvtinjOXB
RwnncOU
NotddeiehDAI DAK
DAH DAI. DA! DAM DAI DAN
SsbcvemngenTt H
OosteiidcOM
North foreland(.Nl
1 lonsbert.K/
< ullercnaiS(,( <
\\ ilk(,KR
< than(AT
Ponpattiekt.l’K
Anglesey(.1 V
lltrjkiimise '€ .It
Nil! m<.\i
Stonehaven(.Nil
i’ortshead<.KA

(.KB
(iKt
l and’s Km) ■(.!!'
Valentij1 IK
Malm Head'M
III!
Brest ' 'mi
Samt N’aiaire . ” • .HO
Bordeaux-Arcachonm
Triiis ( hristians SundO/N
~Juli.iiie1i.iBw—1
(iiKlthab0X1
Holsteoisborgovs
(lodliasn aO/M
1 horshavn()X|
VelteriUsusitin faeringerhamn2221V
BergenU.N
KjrsundIXiZ
Hornua.
RogalandI.(HJ
T|mnei or
AlesuinlK.A


—- the geographical position,

the K.KS JiviMiw or XAFO sub-area m which fishing is expected to commence, the date on wbivh Sicking sc c*.pe>.ted u> commence,

'' the quantity \i(• - of each jX-.K'' -. ■? fish in the hold n:-ing the code mentioned in point 5, —■ thr it.S-S -.lisisiim or NArO vuh-.'rea to which the catches were made,

— the quantity (in kg) of each \pccie* trjncfrrred to other vessel* rinoc the previous tramnosMon,

— the name and call ssgn of she vessel so which the transfer was made,

— the quantity (in kg) of each species btutcj in a port of the Community since the previous

transmission,

— the name of the master,

— the quantity (in kg} of each species discarded since the previous transmission using she code mentioned in point 5 only in the use of fisheries operations in the wane* referred so under

'
.U.

The code to he used to indicate the quantities of fish on board as mentioned in point 4 above:

12.

A. Deep-water prawn (Pandalus borealis), . ‘


B. Hake (Mrrluccius mcriuctius},

C. Greenland halibut (Remhardtuis hippoglossoides),

D. C ml .(iadus morrhua),

E. Hadilotk (Melanogrammuc avgletimis),

F. - Halibut 'Hippoglossus hippoglossus).

G. Mackerel 'Scomber scombrus), .

H. Horsc-ni.ickerel (Tr.ichiiruc trachums),

I. Round-nose grenadier it'oryphaenokios rupestiis),

J. Saithc (Pollachius virem),

K. Vt'hiting (Merlangus mcriangus), '

L. Herring it lupea harengus), .

M. Sand-eel lAmmodytes sp.),

N. Sprat •( lupea spratttis), '

{ ■ ■

O. Plaice (Mlcuronecies platcssa), ■

P. Norway pout (Trisopttrus esmarkii), ,

Q. l.ing (Molva molva),

R. Other, ' ,

S. Shrimp (I’enaeidae), - •

T. Anchovy (I ngraulis encrasMshulus), *

U. Rcdlish (Sebastes cp.), _ ■ .

V. American plaice (Hypoglowmidrs platrssnides), .

W. Squid (lllex), ‘

X. Yellow tail (l.imanJa ferruginra) . ’ •

Y. Blur whiting fGadu* poutassou),

Z. Tuna (I hutmidje), . '

AA. Blue ling (Molva Jypterygta), .

BB. Tusk (lirosme hrosme).

CC Dogfish (Scyliorhinus retifer), .

DD Basking shark (cetorhindae) • .

EE Porbeagle—Brajrsna-f}asns4-- - ------—

FF Squid loligo {loligo vulgaris)

GG Rays bream (brama brama)

HH Sardine (sardine pilehardus)

1

f orm '
f ituiimtmicaiiviYs

The information spes ifted under point 1 com.t ruing the fishing operations in the zones referred to under 1.1.1 and ).!.2 shall contain the following elements, u-.btiH shall be given tn she following order: . >

• ~ name of vessel.

—• cat! sign. •

— C’.i-'rnjl identification letters 3nd numbers, ,

™~ sen d number ol the message for she voyage in question,

— irulie-iti'm of the type ul message aeiorJuig so she following code:

message - sslien entering one of :he /ones referred to under 1.1.1 and 1.S.2: TN1, messjg • • V IKII leasing one of the rones referred to under l.l.l and 1.1-2: ‘OUT, message - vs hot moving from one K f S division to another: '}< ES1, ' wreki; sewage: 1\1KL\ ■

*— notice oj sleparture from the zone KlrnnJ to under 1.1.2: 1NL\ "