31979R0589

No L 81 /26 Official Journal of the European Communities 31 . 3 . 79

COUNCIL REGULATION ( EEC) No 589/79

of 26 March 1979

laying down for 1979 certain interim measures for the conservation and management of fishery resources applicable to vessels registered in the Faroe Islands

THE COUNCIL OF THE EUROPEAN COMMUNITIES , Whereas in order to avoid an interruption of the Community's and the Faroe Islands' reciprocal fishing activities it is necessary that the Community adopt a new regime by 31 March 1979 at the latest allowing Having regard to the Treaty establishing the European fishing by Faroese vessels in the Community's fishing Economic Community, and in particular Article 103 thereof, zone in accordance with the arrangements agreed upon during the consultations referred to above ;

Having regard to the proposal from the Commission, Whereas in order to respect this time limit it is necessary to establish this regime as an interim measure on the basis of Article 103 of the Treaty, subject to it being Whereas on 3 November 1976 the Council adopted a included at a later date in the common agricultural set of resolutions concerning certain external and policy, internal aspects of the common fisheries policy ;

Whereas the Community on the one hand and the Government of Denmark and the Home Government of HAS ADOPTED THIS REGULATION : the Faroe Islands on th€"other have signed a Framework Agreement on fisheries ; Article 1 Whereas the Commission has submitted the Agreement 1 . Fishing by vessels registered in the Faroe Islands in to the Council for approval ; the 200 mile zone of the Member States in the North Sea, Skagerrak, Kattegat, the Baltic Sea, the Labrador Whereas the Community, the Government of Denmark Sea, Davis Strait, Baffin Bay and the Atlantic Ocean and the Home Government of the Faroe Islands have north of 43° N shall be authorized in 1979 for the held consultations concerning their mutual fishing species mentioned in Annex I within the geographical allocations for 1979 ; and quantitative limits laid down therein and in accordance with the conditions laid down in this Regulation . Whereas during these consultations the delegations agreed to recommend their respective authorities that 2 . Fishing authorized under paragraph 1 shall be they fix certain catch quotas for 1979 for vessels of the limited to the parts of the 200 mile fishing zone lying other party; seawards of 12 nautical miles from the base-lines from which the territorial seas of Member States are Whereas delegations from the Community and Canada measured with the exception that fishing in the Skagerrak is allowed seawards of four nautical miles have agreed to recommend their authorities that they from the base-lines of Denmark . coordinate their decisions on the allocations to be given to third parties of certain joint stocks of fish and prawn in Davis Strait and Baffin Bay ; 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 Whereas the two delegations have agreed to recommend the conservation measures in force in the zone their authorities that they allocate to the Faroe Islands concerned . 4 136 tonnes of the said joint stock of prawn of which a specified part is to be taken in the Community zone ; 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 . Whereas fishing by Faroese vessels in the fishing zone of the Community is authorized until 31 March 1979 by Regulation (EEC) No 397/79 H ; Article 2

1 . Vessels fishing under the quotas established in (M OJ No L 51 , 1 . 3 . 1979 , p. 18 . Article 1 shall comply with the conservation and control

31 . 3 . 79 No L 81 /27 Official Journal of the European Communities

measures and all other provisions governing fishing in 3 . Each licence shall be valid for one vessel only. When the zones referred to in that Article. several vessels are taking part in the same fishing operation , each vessel shall be in possession of a licence. 2 . Vessels referred to in paragraph 1 shall keep a logbook in which the information set out in Annex II is 4 . Licences may be cancelled with a view to the issue to be entered . of new licences . The cancellation shall take effect from the date of the surrender of the licence to the Commission . 3 . Vessels referred to in paragraph 1 except those fishing in ICES division IIIa (*) shall transmit to the Commission the information set out in Annex III . This 5 . Licences issued pursuant to Regulation ( EEC) No information is to be transmitted according to the rules 2578 /78 of 30 October 1978 laying down the number set out in this Annex. of licences for vessels registered in the Faroe Islands for fishing within the 200 mile fishing zone of the Member States (2) shall remain valid if so requested by the 4 . The registration letters and numbers of the vessels Faroese authorities until 15 April 1979 . referred to in paragraph 1 must be clearly marked on the bow of the vessels on both sides .

Article4¶

When an application for a licence is submitted to the Article 3 Commission, the following information shall be supplied : 1 . Fishing within ICES sub-areas IV, VI, VII, XIV and ICNAF zones 0 + 1 under the quotas established in ( a ) name of the vessel ; Article 1 shall be permitted only where a licence issued (b ) registration number; by the Commission on behalf of the Community is held on board and where the conditions set out in the licence (c) external identification letters and numbers ; are observed. ( d) port of registration ;

2 . The delivery of licences for the purpose of ( e ) name and address of the owner or charterer; paragraph 1 shall be subject to the condition that the ( f) gross tonnage and overall length ; number of licences valid on any one day shall not exceed : ( g) engine power ; (h ) call sign and radio frequency ; ( a) 18 for fishing mackerel, horse-mackerel and sprat, in ICES sub-areas IV and VI ( north of 56° 30 ' N ); (i ) intended method of fishing;

(j ) intended area of fishing ; (b) 22 for fishing Norway pout and sandeel in ICES sub-area IV and in ICES division Via ( north of 56° (k) species for which it is intended to fish ; 30 ' N ); (1) period for which a licence is requested.

( c) 18 for fishing Northern deep-water prawn, in ICNAF zones 0 + 1 ( east of the median line);

Article 5 (d) 10 for fishing ling and tusk in ICES division VIb ;

Fishing for the quotas referred to in Article 1 for ( e) 10 for fishing Greenland halibut and redfish in mackerel for reduction purposes in ICES division IV ICNAF zones 0 + 1 ( east of the median line) and south of 60° N is not allowed before 15 August 1979 . ICES sub-area XIV ;

(f) 17 for fishing blue whiting in ICES sub-area VII (west of 12° W) and ICES divisions Via (north of Article 6 56° 30 ' N) and VIb . Fishing for the quotas referred to in Article 1 for ling and tusk is only allowed by use of the method commonly known as ' long-lining'. ( 1 ) The Home Government of the Faroe Islands has undertaken to send to the Commission information, broken down by species and by ICES area , concerning catches landed by vessels registered in the Faroe Islands and fishing for the quotas established by this Regulation . ( 2) OJ No L 309 , 1 . 11 . 1978 , p. 11 .

No L 81 /28 31 . 3 . 79 Official Journal of the European Communities

Article7¶

Fishing in Skagerrak for the quotas referred to in Article Where an infringement is duly established the Member 1 is subject to the following provisions : States shall, without delay, inform the Commission of the name of the vessel involved and of any action they 1 . directed fishing for herring is prohibited from 1 have taken . January to 31 March and from 1 October to 31 December 1979 ; 2 . directed fishing for herring for purposes other than human consumption is prohibited; Article 10 3 . the use of trawl and purse seine for the capture of pelagic species is prohibited from Saturday midnight 1 . This Regulation shall enter into force on the day of to Sunday midnight. its publication in the Official Journal of the European Communities . Article 8

The competent authorities of the Member States shall 2. This Regulation shall apply until it is replaced by a take appropriate steps, including the regular inspection Regulation adopted under Article 43 of the Treaty or at the latest until 31 December 1979 . of vessels , to ensure the enforcement of this Regulation.

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

Done at Brussels , 26 March 1979 .

For the Council

The President

P. MEHAIGNERIE

31 . 3 . 79 No L 81 /29 Official Journal of the European Communities

ANNEX I

Fishing quotas

(tonnes)

Species Area within which fishing is authorized Quantity

Herring Skagerrak ( J ) 700 Ling, tusk ICES VIb 1 000 Mackerel ICES IV 15 000 ( 2) ICES IV (3 ),Via (4) 30 000 Horse-mackerel ICES IV, Via (4) 6 000 Norway pout ICES IV, Via (4 ) 22 500 ( s ) (6) Sprat ICES IV 15 000 ( s) Sandeel ICES IV , Via (4 ) 15 000 Northern deep-water prawn ICNAF 0 + I ( 7 ) 3 600 ( Pandalus borealis ) Blue whiting ICES Via (4 ), VIb, VII ( 8) 25 000 Greenland halibut ICNAF 0 + I ( 9) 100 ICES XIV 200 Redfish ICNAF 0 + 1 ( 9) 300 ICES XIV 300 Other white fish ICES IV, Via (4) 850 ( by-catches only)

(') 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 coast of Sweden . 2 ) Of which no more than 1 000 tonnes may be fished in the parts of ICES sub-area IV situated either south of 60° N or east of 2° E. -3) North of 60° N and west of 2° E. 4) North of 56° 30 ' N. 5) This quota may be exceeded by a maximum of 2 500 tonnes provided that the total catches of Norway pout, sandeel and sprat do not exceed 52 500 tonnes . 6) Of which no more than 6 000 tonnes in ICES division Via north of 56° 30 ' N. 7) East of the median line and south of 68° N. a ) West of 12° W. 9) East of the median line.

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ANNEX II

1 . The following details are to be entered in the logbook 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 Community rules on fisheries : 1.1 . the quantity (in kg) of each species caught; 1.2 . the date and the time of the haul ; 1.3 . the geographical position in which the catches were made ; 1.4 . the fishing method used .

2 . The following logbook has to be used when fishing within the joint management zone of the Community and Canada in the statistical zone ICNAF 0 + 1 .

- 31 / . 31 3 79 Official No L Journal of the European Communities 81

09 I \\ II l || II \ II \ \ ICNAF division ) |W I \ \ I I ) ) (GMT Prawn (639 signature | l 's ) Longitude | (340 position Capelin Master L L L ) IN Noon (188 Catfish ) 1 ) Latitude weight (168 grenadier Round-nose species round ) by - 1 (120 Year Halibut + 0 Catch ) •| (118 Date halibut Month (kilograms Greenland ) ZONES | Day (103 Redfish Il \ \ ) ICNAF Cod (101 Il \ \ Il \ \ FOR No Total Canadian licence LOGBOOK '

Kept Discarded Kept Discarded Kept Discarded Kept Discarded Kept Discarded Kept Discarded Kept Discarded Kept Discarded Kept Discarded

' size Mesh No \

COMMUNITIES nets lines used Number of or licence Communities of Type gear consumption day EUROPEAN \ \ \ \ \ \

for voyage human reduction ICNAF division for tow \ \ \ \ \ \ for for

­ of tude Sub-total Total Longi Position start I today today at \ \ \ \ \

Latitude ) processed processed name ) ) Depth (metres 1 l l

Vessel ! No Hours fished (kilograms (kilograms ! ) Side I tow Time (GMT finished weight weight ) Time tow began Round Round Remarks (GMT I

No L 81 /32 31 . 3 . 79 Official Journal of the European Communities

ANNEX 111

1 . 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 ; — the joint management zone of the Community and Canada in the statistical zone ICNAF 0 + 1 : (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 ; — the joint management zone of the Community and Canada in the statistical zone ICNAF 0 + 1 after a previous notice of leaving of at least 48 hours : ( 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 or the joint management zone ICNAF 0 + 1 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 ; (g) the quantity ( in kg) of discards specified by species since the previous transmission when fishing in the joint management zone ICNAF 0 + 1 .

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 European Communities in Brussels ( telex address 21877 COMEU ) 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.

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3 . Name of radio station Call sign of radio station

Skagen OXP Blåvand OXB Rønne OYE Norddeich DAF DAK DAH DAL DAI DAM DAJ DAN Scheveningen Oostende OST North Foreland GNF Humber GKZ Cullercoats GCC Wick GKR Oban GNE Portpatrick GPK Anglesey GLV 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 OX I Central Godthåb Holsteinsborg OYS Godhavn OZM Velferdsstasjon Færingerhamn 22239 Bergen LGN Farsund LGZ Florø LGL Rogaland LGQ Tjøme LGT Alesund LGA

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 or the joint management zone ICNAF 0 + 1 : ' IN ', — message —- when leaving the Community zone or the joint management zone ICNAF 0 + 1 : ' 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;

No L 81 /34 31 . 3 . 79 Official Journal of the European Communities

— 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 discarded since the previous transmission using the code mentioned in point 5 below when fishing in the joint management zone ICNAF 0 + 1 ; — 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 transmission; — 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. 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 morrhua), — 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 : : Sandeel (Ammodytes sp ), — N :: Sprat ( Clupea sprattus), — 0 :: Plaice ( Pleuronectes platessa), — P : Norway pout (Trisopterus esmarkii ), - Q :: Ling (Molva molva), — R : Other, — S : Shrimp ( Penaeidae), — T : Anchovy ( Engraulis encrassicholus).