Explanatory Memorandum to COM(1982)58 -

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dossier COM(1982)58 - .
source COM(1982)58 EN
date 12-02-1982


Consultations between delegations from the Community and the Faroe Islands about their reciprocal fishing rigts in 1982 were only concluded on 1 February 1982. Reciprocal fishing has been interrupted as from 1 January 1982.

In order to avoid a too long interruption it is necessary for the Community to immediately adopt interim arrangements for fishing by Faroese vessels valid from 1 January until the entry into force of definitive arrangements for 1982. The Commission considers that the definitive arrangements can enter into force on 1 May 1982.

The arrangements set out in the proposal for a regulation are based on the result of these consultations.

1.

COUNCIL REGULATION (EEC)


laying down certain interim measures for the conservation and

I management Of fishery resources applicable to vessels registered in the Faroe Islands

i

THE COUNCIL OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community,

Having regard to

/ the Fisheries Agreement between the European Economic Community, on the one hand, and the Government of Denmark and the local Government of the Faroe Islands, on the other hand (1), and in particular Article 2 thereof,

Having regard to the proposal from the Commission, \\ hi u is. HI ACCORDANCE with the procedure provided for by the said A);rt'cnu',u

2.

, and in


particular A> ci. If 2 ilu’riut, tin- ( (immunity, on the one ii.iiiii. .uid tile CiAirnmcnt ot IVnm.irk and the local ' mi eminent ''t ilu Faroe Islands, on the other hand, have held consultations concerning their mutual fishing r^hts tor 1982 ;

\> In rcas during these consultations the delegations aert, d to recommend to their respective authorities that dies iix certain i.iuh quotas for 1982for vessels of the other Party,

Whereas in order to avoid a too long interru} tion of

reciprocal fishing by vessels of the two parties in the fisheries zone of the other,

o' . it is,

• --, necessary that the Community adopt imme

diately interim rules authorizing fishing by jr$roes$ vessels in the Community fisheries zone '

Whereas, consequently, this measure should' be adopted on a temporary basis, subject to it* later inclusion in a definitive syttem to be adopted under Article 43 of the Treaty, ,

1) O.J. n° L 226, 29.8.1980, p. 11

HAS ADOPTF.D THIS RHGULATION:

Article l

1. The only fishing activities bv vessels registered in the Faroe Islands in

the 2(H)-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 30 April 1982

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.

2. Fishing authorized under paragraph 1 shall be limited except in Skagerrak to the parts of the 200-nautical-nule fishing zone 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-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 11 is to be entered.

3. Vessels referred to in paragraph I, including those carrying out experimental fishing for shrimps in 1CF.S sub-area XIV but excluding those fishing in iCHS division 111 a) shall transmit to the Commission the information set out in Annex III. This information is to

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

be transmitted according to the rules set out in this Annex.

4. The registration letters and numbers of the vessels referred to in paragraph f must be dearly marked on . the bow of the vessel on both sides.


n. 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 obyrved.

7. Licences issued in pursuance of Regulatio (EEC) No 3000Z81 and valid on 31 December 1981, shall remain valid until 3^ March 1982 at the latest, if so requested by the Faroese authorities.


Article .?


1. I ’idling within the waters referred to in Article 1 miller the ipiotus 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.


except in Skagerrak/

J 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.

(a) 16 for fishing mackerel in ICES

. division VI a) (north of 56° 30’ N) and ICES divisions VII e), f) and h) sprat in U .I S sub-area IV and division VI a) (north of

10 ^’’and horse mackerel in Trr.c: sub area IV and division Via (north of 56°30'N), Vile,f ,h ;

3.

. (b)12 for fishing Norway pout in 1CFS sub-area IV and


division VI a) (north of 56° 30' N) and sandeel in l( T.S sub-area IV;

(c) .or fishing northern deep-water prawn (Pandalus I borealis) in ICES sub-area XIV and in NAFO

. sub area I (south of 68° N);

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

(c) 6 for fishing blue ling in ICF.S divisions IV a) '-I (north'of 56°30'N) and VIb) ; k

(f) 6 for fishing Greenland halibut in NAFO subarea 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° MY N) and VI b);

(h) 3 for fishing porbeagle.

i) for herring fisheries in ICES division Via (north of 56°30’N)

j) for redfish fisheries in ICES division XIV ;

k) for capelin fisheries in ICES division

_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 he in possession of a licence.

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


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:

directed fishing for herring is prohibited until 31 March 1982 and from 1 October unt. 31 December 1982:

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

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


| (1) CXJ. n. L 304, 24.10.1981

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

, Article 7the name of the vessel involved and of any action they have taken.
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 9
Article 8This Regulation shall enter into force on the day ot its publication in the Official Journal of the European Communities.
Where an inti ingement is duly established the Member States shall, without delay, inform the Commission ofIt shall apply Until 30 April 1982 .

This Regulation shall he binding in its entirety and directly applicable in all Member State Done at Brussels,

For the Council The President

Fishing quotas
SPECIESFishing zones

ICES division or NAFO zone
Quantity (tonnes)
LingVIb500 C
TuskVIb500 c
Blue lingVIa(2),VIb400
MackerelIV
MackerelVIa(2),VIIe,f,h10.000
HerringVIa(2)1.800
Horse mackerelIV, VIa(2),VIIe,f,h6.000
Norway poutIV,VIu(2)20.000 (3i('
SpratIV,VIu(2)15.000
SandeelIVis.ooo (:•
Blue whitingVIa(2), VIb,VII(5)25.000
Other white fish
(by-catches only)IV,VIa(2)750
HerringIIIaN(Skagerrak)(6)*

600
Northern deepwatert
Prawn (PandalusNAFO 1(7)500
borealis)XIV700
Greenland halibutNAFO 1150
XIV150
RedfishXIV500
PorbeagleEntire Cty.zone exc.NAFO 3PS300
CapelinXIV10.000

(1) These quotas /are interchangeable t

(2) North of 56*30'N , ■

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

(4) Of which maximum 7.000 t may be fished in ICES Via north of 56*30'X subj to the provision on request by the EEC of details of the quantity and composition of any bycafch taken '

(5) West of 12*W

(6) Limited in the west by a line drawn from the lighthouse of Hanstholn 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

AWIX II

1. The following details are to he entered in the log-book after each haul when fishing within the 200 nautical mile fishing zone off the coasts of the Member States of the Community which is covered by exclusive Community rules on fisheries:

1.1. the quantity {in kg) of each species caught;

1.2. the date and the tune of the haul;

4.

1.3. the geographical position in schich the catches were made; . '


1.4. the fishing method used.

1.5. all radio messages sent in conformity with Annex III

2. The following log-book has to be used when fishing within NAFO sub-area 1 and ICES sub-areas XIV and V.

EUROPEAN COMMLM III S' LOG-BOOK FOR NAFO SUB-AREA 1 AND ICES SUB-AREAS \IV AN'I) V

Vessel name
SiJu No
i i i i i i i i
DateNoon position (GM11
HayMonthScarEatitudc1 ongitudcNMO

<Ji\ ISM mO'i
—1 ....11

* -
1 1 1 1N1_1_1 5L11.

5.

l (immunities' licence No


L

f Ifflt

liw

K UJO (AIT
Time

tin*

tlllltht J (AH
Hours

hvhoJ
Depth

metres.
I'uMtton at start of towTvpe 'f (tear\umbcr of nets >r lines UtttiMtsh

Mac
Catch by species (kilograms - round weight)
1 atitusk1 *'np-tii.kNAH> Jit NonC.nJ

D'l
ReJtish

HU
l .•' tn

Ijnil

hjlihuf

1 ! '
H.iiikiit

■I2i'
KounJ-m 'se pinjJu r

If.K
( .ul^h IKS.1 jpeltn

Uo
IVmn
kept
Htv.. .irJed
k( pt
-kept
Disc jrJtJ
kept
Dvs.lfJcJ
kipi
Dis-.irJeJ
kept
Disc jrJcJ
kept
Diu.irdeJ
Sub-total tor dayKept
DtNc-lf Jvd
Total for voyagekept
D'>cjr Jed
RounJ scci.uht (kilograms) processed todav tor human consumption

6.

Round weight (kilograms) processed today tor reducrion


Total

1. The information '> hr transmitted in the Commission and (hr timetable for iti rransmiuion are as follows:

1.1. On each occasion die vessel enters: ■

7.

1.1.1. the 200 naiMic.il mile fishing rone olt ihr coasts ol the Member States of the Community, or


1.1.2. NAK) suh-area I as defined by the < (intention on future Multilateral Cooperation in the NorthWest Atlantic fisheries situated under the jurisdiction ol Denmark

(a) the information specified under point l.5helnw;

(b) the (jiiniitity (in kg) of rath species of lish in the hold;

(c) the dale and NAI O sub-ana or l( I S division tsithin which the captain intends to commence fishing.

&

Where the fishing operations necessitate more than one entry into the lones referred to under 1.1.1 and 1.1.2 on a given day one communication shall suffice on first entry.

1.2. On each occasion the vessel leaves:

1.2.1. the zone referred to under l.t.l:

(a) the information specified under point l .5below;

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

(c) the quantity (in kg) of each sp-'cies caught since the previous transmission;

(d) the K fS division or NAI O sub-area hi v hich the catches were taken;

(r) the quantity (in kg) of each \|xcies translcrri d to other vessels since the vessel entered the zone and the idcnlilicanon of the vessel to winch the transfer was made;

(0 the quantity (in kg) of each species lauded in a port of the ( (immunity since the vessel entered the zone;

1.2.2. the zone referred to under 1.1.2:

information referred to under (aj, (b•. (cj, (dj, fe). (f);

(g) the quantity (ill kg) of discards specified by species since the previous rransmiuion. i ^

1.3. A notice of departure at least 4K hours prior to the vessel’s scheduled exit from the zone referred to under 1.1.2 and It I S suh-area XIV.

1.4. 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 preferred to under 1.1.1 :

(a) the information specified uiidci point I. Sbrlow;

(h) the quantity on kg) ol cash spons c.ii.glu Mine the pinions tiansmissiun;

(c) the U I S disicion or NAI O sub-ana HI winch the calcine were made.

8.

1.5 (a) the name, call sign, identification numbers and letters of the vessel and the name of in


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 geograpbn.il position of the vessel.

2.1 The information * pacified under point I shall He transmuted to the Commission of the European C (immunities in Brussels (tele* address 24 I S'* MSI U-B) via one of the radio stations listed under point 4 below and in the form specified under point 4.

2.2. If it is impossible for reasons of fou r mj/rurr lor the message to he transmitted by the vessel, it may be transmitted on the vessel's behall by .mother vessel.

3.


AMMASSALIK'

Njtnc of radio station:('.ill sign of radio station
ShagenOXP
RlAvandOXR
RonneOS 1
NorddeichDAI DAK

DAH DAI

DAI DAM

DM DAN
ScheveningenI'l II
OuNtaulcOxl
North forelandC.M
Humber(,K/ ■
C ullcrcoatsDC C
W ick(.KR
ObanGNI
Tort patrickC.I'K
Anglesey(.1 V
Ilfracombe(.11
NifortCM
StonehavenC.ND
I’ortshtMdC.h \ l .KB

(ikl
l and's End ■(d D
Y.ilciitiJ1 IK
M.iltn HeadM
H<IIB
Brest •III!
S.unt-Nazaire ■ “ 'HO
Borde.niK-ArcachonFH
Prins ( hrisnans SundC)/\’
7^1.1,uTuho\f-----0ZL
(iodthah0X1
Hokrnntborgoss
O/M
11mrsh.nnox
Velferdsstasjon faenngerhamn2221V
Bergen1 f.\
EjrsundI.CiZ
FloraK;I
Rogaland!(.(}
T|omeU.l
AlesuudK.A


9.

4. I urm of communications


The information specified under point I concerning the fishing operations in the zones referred to . under l.l. I and 1.1.2 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 — sshen citrermg tine of the /mu-s referred to under 1.1.1 and 1.1.2: ‘IN’,

— message - when leasing one ol the /ones referred to under 1.1.1 and 1.1.2: ‘OUT,

— message - when musing from one l( I S dnisnui to another: ‘K KS’,

— weekly message: "UKI.’,

— notice of departure from ibe zone referred to under 1.1.2: "Nl.‘,

— rhr geographic jl position,

— the KTN illusion or NAKO sub-arc-a in which fishing is expected to commence,

— the date mi siliish lishtng is expected to commence.

— the quantity on kg) of each species ot lish in the hold using the code mentioned in point 5,

— the K>S illusion or NAH) suh-.irc.i m which the c.ttchcs were made,

— the quantity (in kg) of each species transferred to other vessels since the previous transmission.

— the name and call sign ol the vessel to which the transfer was made,

— the i|iiantily (m kg) of each specie's landed m a port of ihe Community since the previous transmission,

— the name of the master,

— the quantity (in kg) of each species discarded since the previous transmission using the code mcnimned in point 5 only in the case of fisheries operations m the zones referred to under 1.1.’.

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

A. Deep-water prawn (P.mdalus borealis),

B. Ha kt iMrrlutAius mcrlik\him,

C. Circciilsiiui halibut iRnnb.irJtm\ hippuglossoides),

D. (<'
J .('
.kill's morrhu.i).

E. H.iJJisk f Mclanu^rJrnmus

F. Halibut < Hippo^lossus hippoclowu*).

10.

C. M-ukcrrl 'Scomber ScombruM, •


H. Hi irce mackerel (Tr.ivhuriis irachurus),

I. Round-nose grenadier (( oryphaenoides rupestns),

J. Saithe (I’oll.ichius virrns),

11.

K. AXhiting Mcrlangus merlangus), ’


L. Herring :i lupea harengus),

M. Sand-eel ! Ammodyres sp.j,

N. Sprat 'l liipej spr.mtis),

O. Plaice (I’lciironecles platcsca),

P. Norw ay pout (Trisopterus ecniarkii), .

Q. 1 mg ( MoKa inolva), A

R. Other,

S. Shrimp (Penaeidac), •

T. Anchoi v (I ngraulis encrassicholus), '

U. Hedlish (Selsastcs sp.), • •

V. American plaice (Hypoglosjoides plalessoides),

W. Squid (lllex).

12.

X. Ycllowt.nl ll.imanda ferrugmea)


Y. Blue wlutmg Gjdus poutassou!.

Z. Tuna .Thumudae), .

AA. Blue I mg tMolva dypierygia),

BB. Tusk (Brosme hrosmel.

CC Dogfish (Scyliorhinus retifer)

DD Basking shark (cetorhindae)

EE Porbeagle—(-tarnma-nasns)--

Squidloligo (loligo vulgaris)

Rays bream (brama brama)

Sardine (sardina pilehardus)

AGREED RECORD OF CONCLUSIONS OP FISHERY CONSULTATIONS BETWEEN THE EUROPEAN KOONCTTC COMMUNITY AND THE FAROE ISLANDS - BRUSSELS, 1 FEBRUARY

I. A delegation of the Cormunity headed by Mr. R. SIMOf^'NET and a

delegation representing the Home Government of the Faroe Islands headed by Mr. P. ELLEFSEN met in Brussels on 15 January 1982 for consultations on mutual fisheries relations in 1982. Itiis meeting was a continuation of previous meetings in Copenhagen and Brussels.

IX. Tlie deleg.itions agreed to recommend to their respective authorities

that the allocations for 1982 set out in the Annex should bo made to ve wk-1? of either Party fishing in the waters of the other Party. In further co invitations the two Parties agreed on the text of the agreed record.

XII. Fishery regulations

1. The Faroese delegation informed the Cormunity delegation about the technical measures which will apply for fishing in Faroese waters in 1912.

2. In conformity with § 2 of Article 4 of the Agreement on Fisheries between the two Parties the Community delegation informed the Faroese delegation about the new measures the Cormunity might introduce, in the course of 1982.

3. The delegations agreed that a Party intending to introduce or to amend fishery regulations applicable to vessels of the other Tarty shall inform the latter of such intentions with a notice of at least two wee*i. Consultations shall be held if so requested by either Party.

IV. Future consultations

1. If the situation of the cod stocks off W^st and East Greenland lrprov-and the cod fishing will be reopened for fishermen other than Greenland fishermen, the Parties will consult with a view to establishing a quota

for the Faroe Islands for these stocks, taking into account Faroese fi.-Fim interests in the area.

2. If herring fishery in ICES division IV should be reopened in 1982, the Parties shall consult.

V. Licences

The delegations agreed to recommend to their authorities that licences in force as of 31 December 1981 shall remain in force until 28 February 1982 and that the parties shall consult before the said date on the licensing regimes applicable for the rest of 1982.


Brussels, 1 February 1982

ANNEX I - p. 1

*H ‘T ..

QUOTAS

1. Each party shall open the catch quotas indicated hereunder for the other in its fishery zone :

1.1. Ojotas for Corrinunity vessels fishing in the Faroese zone

SPECIESICES-DivisionQuantity (tonr.os) |
CodVb1.250
Haddock ;Vb1.250
Saithe tVb3.500
Redfish ■Vb4.800
Blue lingVb4.500
LingVb500
TuskVb400
FlatfishVb500
Blue whiting 'Vb25.000
Other speciesVb500 j
/,

1.2. Quotas for Faroeae vessel* fishing in the Cocrenunity zone
", ..' — -n,—■— ■

SPECIES
Fishing zones

ICES division or NAFO tone
Quantity (tonnes)
LingVIb. 500 (1)
TuskVIb500 '1)
Blue lingVIa(2),VIb400
MackerelIV
MackerelVIa(2),VIIe,f#h10.000
HerringVIa(2)1.800
Horse mackerelIV, VIa(2),VIIe,f,h6.000
Norway pout ‘IV,VIa(2)20.000 (3)(4)
SpratIV,VIa(2)15.000
SandeelIV15.000 (3)
Blue whitingVIa(2),VIb#VII(5)25.000
Other white fish
(by-catches only)IV,VIa(2)750
HerringIIIaN(Skagerrak)(6)600
Northern deepwater
Prawn (PandalusNATO 1(7)500
borealis)XIV .700 (8)
Greenland halibutNATO 1150
XIV150
RedfishXIV500
CaDelinXIV10.000
Por ***'*! eEntire Cty.zone exc.NAFO 3PS300 (9)

(1) These quotas which are interchangeable shall be fished by long-liners only

(2) North of 56'30'N '

(3) Each of these quotas may be exceeded by a maximum of 5.000t provide; i ..t

the total catches of Norwayx>ut, sandeel an ! sprat do not ex •'■ed 5 ■.•' r

(4) Of which maximum 7.000 t may be fished in ICES Via north of SO'IO'N : u.' to tiioprovision on r<>quest by the EEC of details of the qu.mtity ai.d com)>)sition of any bycatch t.iken

(5) st of 12*w

(6) Limit'd in the west by a line drawn from the lighthouse of Hunstholm to th-lighthouse of Lindesnes and in the south by a line drawn from Skagen lightliouse to the lighthouse of Tistlarna from there to the nearest coast of Sw'den

(7) South of 68*N

(ft) Subject to specific .conditio.u> which will be determined after consultation between the Parties

(9) May only bo fished by long liners*