31979R0396

No L 51 / 10 1 . 3 . 79 Official Journal of the European Communities

COUNCIL REGULATION (EEC) No 396/79 of 28 February 1979

laying down for the period 1 January to 31 March 1979 certain interim measures for the conservation and management of fishery resources applicable to vessels flying the flag of Sweden

THE COUNCIL OF THE EUROPEAN whereas during these consultations, the delegations COMMUNITIES, agreed to recommend their respective authorities to introduce catch limitations for certain species in these Having regard to the Treaty establishing the European areas ; Economic Community, and in particular Article 103 thereof, Whereas the proposed catch limitations consist of quotas, allocated to each party, which are not subdi­ Having regard to the proposal from the Commission, vided on the basis of the fishing zones of the parties ; Whereas on 3 November 1976 the Council adopted a Whereas the arrangements with Sweden cover the set of resolutions concerning certain external and whole of 1979 but it would seem appropriate, pending internal aspects of the common fisheries policy ; the outcome of the necessary procedures engaged in, to establish measures for Swedish fishing for the Whereas the Community and the Kingdom of period 1 January to 31 March 1979 ; Sweden have signed a Framework Agreement on fish­ eries ; Whereas fishing by Swedish vessels in the fishing Whereas the Commission has submitted the Agree­ zone of the Community is authorized until 28 ment to the Council for approval ; February 1979 by Regulation (EEC) No 3151 /78 (!) ;

Whereas the Community and Sweden have held Whereas, in order to avoid an interruption of the consultations concerning their reciprocal fishing allo­ Community's and Sweden's reciprocal fishing activi­ cations for 1979 ; ties, it is necessary for the Community to adopt new arrangements before 28 February 1979 allowing Whereas during these consultations the delegations fishing by Swedish vessels in the Community's fishing agreed to recommend to their respective authorities zone in accordance with the arrangements agreed that they fix certain catch quotas for 1979 for vessels upon during the consultations referred to above ; of the other party ; Whereas, in order to comply with this time limit, it is Whereas the Agreement of 19 December 1966 necessary to establish these arrangements as an between Denmark, Norway and Sweden on mutual interim measure on the basis of Article 103 of the access to fishing in Skagerrak and Kattegat provides Treaty, subject to its being included at a later date in that each party shall grant access to fishing by vessels the common agricultural policy, of the other parties within its fishing zone in Skagerrak and part of Kattegat seawards of four nautical miles from the base-lines ; HAS ADOPTED THIS REGULATION : Whereas the Convention of 31 December 1932 between Denmark and Sweden concerning fishing Article 1 conditions in the maritime waters bordering both parties provides that each party shall grant access to 1 . Fishing by vessels flying the flag of Sweden in fishing by vessels 'of the other party within its fishing the 200 mile fishing zone of the Member States in the zone in the Kattegat seawards of three nautical miles North Sea, Skagerrak, Kattegat, the Baltic Sea, the from the base-lines and in certain parts of 0resund Labrador Sea, Davis Strait, Baffin Bay and the Atlantic and the Baltic Sea up to the base-lines ; Ocean north of 43° N shall be authorized for the Whereas, in the context of these Agreements, the period 1 January to 31 March 1979 for the species Community, Norway and Sweden and the Commu­ referred to in Annex I within the geographical and nity and Sweden have consulted about regulatory quantitative limits laid down therein and in accor­ measures in respect of fishing in the area covered by dance with the provisions laid down in this Regula­ tion . the Agreement ;

Whereas in this context the parties have also held 2. Without prejudice to paragraph 1 , fishing by consultations about regulatory measures for certain vessels flying the flag of Sweden for species other than fish s' >cks occuring in an area falling within both Skagerrak and Kattegat ; (i) OJ No L 374, 30 . 12. 1978 , p. 18 .

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those for which quotas are established in Annex I is control measures and all other provisions governing authorized in Kattegat, Skagerrak and 0resund, east of fishing in the zones referred to in Article 1 . a line drawn from the lighthouse of Hanstholm to the lighthouse of Lindesnes and north of a line drawn 2. Vessels referred to in paragraph 1 shall keep a from the lighthouse of Stevns to the lighthouse of logbook in which the information specified in Annex Falsterbo . III shall be entered .

3 . For the purposes of this Regulation : 3 . Vessels referred to in paragraph 1 shall transmit to the Commission , in accordance with the rules set — the Skagerrak is the area limited in the west by a out in Annex IV, the information specified in that Annex . 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 light­ 4. The registration letters and numbers of the house of Tistlarna and from there to the nearest vessels referred to in ' paragraph 1 must be clearly coast of Sweden , marked on both sides of the bow of the vessel .

— the Kattegat is the area limited in the north by a line drawn from Skagen lighthouse to the light­ Article 3 house of Tistlarna and from there to the nearest coast of Sweden and in the south by a line drawn from Hasenøre Head to Gniben Point, from 1 . Fishing within ICES sub-areas IV and VI under Korshage to Spodsbjerg, and from Gilbjerg Head the quotas established in Article 1 shall be subject to to the Kullen , the holding on board of a licence issued by the Commission on behalf of the Community and to the — 0resund is the area limited in the north by a line observance of the conditions set out in the licence. drawn from Gilbjerg Point to the Kullen and in the south by a line drawn from the lighthouse of 2. The number of licences which may be issued for Stevns to the lighthouse of Falsterbo. the purpose of paragraph 1 , including those which remain valid according to paragraph 6, shall be 4. Fishing authorized under paragraphs 1 and 2 limited to 112 . shall be limited to the parts of the 200 nautical mile fishing zone lying seawards of 12 nautical miles from 3 . When an application for a licence is submitted the base-lines from which the territorial waters of to the Commission , the following information shall Member States are measured, with the following excep­ be supplied : tions : (a) name of the vessel ; (a) fishing in Skagerrak is authorized seawards of four (b) registration number ; nautical miles from the base-lines of Denmark ; (c) external identification letters and numbers ; (b) fishing in Kattegat is authorized seawards of three nautical miles from the base-lines of Denmark ; (d) port of registration ; (e) name and address of the owner or charterer ; (c) fishing in 0resund is authorized within the areas and in accordance with the conditions ' set out in (f) gross tonnage and overall length ; Annex II . (g) engine power ; (h) call sign and radio frequency ; 5. Notwithstanding paragraph 1 , unavoidable by-catches of species for which no quota is established (i) intended method of fishing ; in a zone shall be permitted within the limits fixed in (j) intended area of fishing ; the conservation measures in force in the zone concerned . (k) species for which it is intended to fish ; (1) period for which a licence is requested . 6. By-catches in a given zone of a species for which a quota is established in that zone shall be counted 4. Each licence shall be valid for one vessel only. against the quota concerned . When several vessels take part in the same fishing operation , each vessel shall be in possession of a licence .

Article 2 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 Commis­ 1 . Vessels fishing under the quotas established in sion . Article 1 shall comply with the conservation and

No L 51 / 12 1 . 3 . 79 Official Journal of the European Communities

6. Licences issued pursuant to Regulation (EEC) 2. The use of trawls and purse seines for catching No 2578/78 of 30 October 1978 laying down the pelagic species is prohibited from Friday midnight number of licences for vessels flying the flag of to Sunday midnight. Sweden for fishing within the 200 nautical mile fishing zone of the Member States of the Commu­ Article 6 nity (*) shall remain valid, if so requested by the Only long-liners are authorized to fish for ling. Swedish authorities, until 31 March 1979 .

Article 7 Article 4 The competent authorities of the Member States shall Fishing in Skagerrak for the quotas referred to in take appropriate steps, including the regular inspec­ Article 1 shall be subject to the following provisions : tion of vessels, to ensure the enforcement of this Regu­ lation . 1 . Direct fishing for herring is prohibited from 1 January to 31 March 1979 . Article 8 2. Direct fishing for herring for purposes other than human consumption is prohibited. Where an infringement is duly established the 3 . The use of trawls and purse seines for catching Member States shall, without delay, inform the pelagic species is prohibited from Saturday Commission of the name of the vessel involved and of midnight to Sunday midnight. any action they have taken .

Article 5 Article 9 Fishing in Kattegat for the quotas referred to in This Regulation shall enter into force on the day of its Article 1 shall be subject to the following provisions : publication in the Official Journal of the European Communities. 1 . Direct fishing for herring for purposes other than human consumption is prohibited . It shall apply from 1 January to 31 March 1979.

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

Done at Brussels, 28 February 1979 .

For the Council

The President

J. LE THEULE

(') OJ No L 309, 1 . 11 . 1978 , p. 11 .

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ANNEX I

Fishing quotas

(tonnes)

Species Area within which fishing is authorized Quantity

Cod ICES IIIb , c , d 1 500 Skagerrak ( ! ) 1 000 (2 ) Kattegat (3 ) 4 600 (2 ) ICES IV 400 Haddock 2 500 (2) Skagerrak (') ICES IV 600 Whiting Skagerrak (') 400 (2 ) Kattegat (3 ) 1 000 (2) ICES IV 100 Plaice Skagerrak (') 400 (2 ) Kattegat (3) 1 000 (2 ) Flatfish ICES IV 80 Mackerel ICES IV 3 750 (4 ) Skagerrak (') 1 350 (2 ) Sprat ICES IV 8 750 Skagerrak ( } ) 18 000 (2 ) Blue whiting ICES IV, VI (5 ) 4 000 Herring Skagerrak (') 3 450 (2 ) Kattegat (3 ) 1 7 500 (2) ICES IIIb, c, d 3 000 ICES IV p.m . Ling ICES IV, VI (5) 400 Salmon ICES IIIb, c, d 25

(') 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 Skagen lighthouse to the lighthouse of Tistlarna and from there to the nearest toast of Sweden . (2 ) To be reduced by the quantities taken outside the EEC fishing zone . (3 ) 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 Hasenøre Head to Gniben Point , from Korshage to Spodsbjerg, and from Gilbjerg Head to the Kullen . (4) Of which no more than 1 500 tonnes may be fished in the parts of ICES division IV situated either south of 60° N or east of 2 " E. (5) North of 56° 30 ' N.

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ANNEX II

1 . Inside a depth of 7 m only fishing by net for herring shall be allowed . 2 . Outside a depth of 7 m fishing by trawl or seine shall be 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 until three nautical miles from the coast .

ANNEX III

The following details are to be entered in the logbook after each haul : 1 . The quantity (in kg) 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 .

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ANNEX IV

The information to be transmitted to the Commission and the timetable for its transmission are 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 point 1.4 below ;

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

(c) when and where fishing is to commence .

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 point 1.4 below ;

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

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

(d) the ICES division or ICNAF zone in which the catches were taken ;

(e) the quantity (in kg) 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 kg) of each species landed in a port of the Community since the vessel entered the Community fishing zone .

1.3 . At weekly intervals, commencing on the seventh day after the vessel first enters the fishing zone of the Member States :

(a) the information specified under point 1.4 below ;

(b) the quantity (in kg) of each species caught since the previous transmission ;

(c) the ICES division or ICNAF zone 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 Euro­ pean Communities in Brussels (telex address 21877 COMEU) via one of the radio stations listed under point 3 below 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 .

No L 51 / 16 1 . 3 . 79 Official Journal of the European Communities

3 . Name of radio station Call sign of radio station Skagen OXP Blåvand OXB Norddeich DAF DAK DAH DAL DAI DAM DAJ DAN Scheveningen PCH Oostende OST North Foreland GNF Humber GKZ Cullercoats GCC Wick GKR Oban GNE GPK Portpatrick GLV Anglesey Ilfracombe GIL Niton GNI Stonehaven GND Portshead GKA GKB GKC Land's End GLD Valentia EJK Malin Head EJM Boulogne FFB Brest FFU Saint-Nazaire FFO Bordeaux-Arcachon FFC Prins Christians Sund OZN Julianehåb OXF Godthåb OXI Central Godthåb Holsteinsborg OYS Godhavn OZM Stockholm SDJ SDG Goteborg Rønne OYE

4 . Form of communications . Transmission of the information specified under point 1 shall take the form of messages preceded by the words ' Pêcheur Brussels' and the information elements shall be given in the following order : — the code ' Pêcheur Brussels ; — 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' ; — the geographical position ; — the ICES division or ICNAF zone in which fishing is expected to commence ; — the date on which fishing is expected to commence ; — the quantity (in kg) of each species of fish in the hold using the code mentioned in point 5 below ; — the quantity (in kg) of each species caught since the previous transmission using the code mentioned in point 5 below ; — the ICES division or ICNAF zone in which the catches were made ; — the quantity ( in kg) of each species transferred to other vessels since the previous transmis­ sion ; — the name and call sign of the vessel to which the transfer was made ; — the quantity (in kg) of each species landed in a port of the Community since the previous transmission ; — name of the master.

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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), — 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 (Merlangius merlangus), — L : Herring (Clupea harengus), — M : Sandeel (Ammodytes sp .), — 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 encrasicolus).