31990R3929

No L 378 / 48 Official Journal of the European Communities 31 . 12 . 90

COUNCIL REGULATION (EEC) No 3929 / 90

of 20 December 1990 laying down for 1991 certain measures for the conservation and management of fishery resources applicable to vessels flying the flag of Sweden

THE COUNCIL OF THE EUROPEAN COMMUNITIES , activities (4), as amended by Regulation (EEC) No 3483 / 88 ( 5);

Having regard to the Treaty establishing the European Whereas Article 3 (2 ) of Commission Regulation (EEC) Economic Community , No 1381 / 87 of 20 May 1987 establishing detailed rules concerning the marking and documentation of fishing Having regard to Council Regulation (EEC ) No 170 / 83 of vessels ( 6) provides that all vessels with chilled or 25 January 1983 establishing a Community system for the refrigerated sea-water tanks are to keep on board a conservation and management of fishery resources ( 1 ), as document certified by a competent authority and specifying amended by the Act of Accession of Spain and Portugal (2), the calibration of the tanks in cubic metres at 10-centimetre and in particular Article 11 thereof, intervals ;

Having regard to the proposal from the Commission, Whereas the Agreement of 19 December 1966 between Denmark, Norway and Sweden on mutual access to fishing in the Skagerrak and Kattegat provides that each Party is to Whereas, in accordance with the procedure provided for in grant fishing vessels of the other Parties access to its fishing the Fisheries Agreement between the European Economic zone in the Skagerrak and part of the Kattegat up to four Community and the Government of Sweden (3 ), and in nautical miles from the baselines , without any quantitative particular Articles 2 and 6 thereof, the Community and limitation ; Sweden have held consultations concerning their mutual fishing rights for 1991 and the management of common biological resources ; Whereas the Convention of 31 December 1932 between Denmark and Sweden concerning fishing conditions in the Whereas , in the course of these consultations , the maritime waters bordering on both Parties provides that delegations agreed to recommend to their respective each Party shall grant fishing vessels of the other Party authorities that certain catch quotas for 1991 should be access to its fishing zone in the Kattegat up to three fixed for the vessels of the other Party; nautical miles from the coast and in certain parts of the 0resund and the Baltic Sea up to the baselines, without any quantitative limitation , , Whereas the Agreement comprises an exchange , for 1991 , of certain supplementary catch quotas , as a consequence of the German unification , the Community being the legal successor to the German Democratic Republic with respect to the Agreement between the Government of the German HAS ADOPTED THIS REGULATION : Democratic Republic and the Government of Sweden on Fisheries ;

Whereas , under the terms of Article 3 of Regulation (EEC) Article 1 No 170 / 83 , it is for the Council to fix the total catches allocated to third countries and to lay down the specific 1 . Vessels flying the flag of Sweden are hereby authorized conditions under which such catches must be taken ; until 31 December 1991 to fish for the species listed in Annex I, within the geographical and quantitative limits laid down therein and in accordance with this Regulation, Whereas the fishing activities covered by this Regulation in the 200-nautical-mile fishing zone of the Member States are subject to the control measures provided for by in the North Sea , Skagerrak , Kattegat, Baltic Sea and Council Regulation (EEC) No 2241 / 87 of 23 July Atlantic Ocean north of 43° 00' N. 1987 establishing certain control measures for fishing

( 1 ) OJ No L 24 , 27 . 1 . 1983 , p. 1 . (4) OJ No L 207 , 29 . 7 . 1987 , p. 1 . (2) OJ No L 302 , 15 . 11 . 1985 , p. 1 . (5) OJ No L 306 , 11 . 11 . 1988 , p. 2. (3 ) OJ No L 226 , 29 . 8 . 1980 , p. 1 . ( 6 ) OJ No L 132, 21 . 5 . 1987 , p. 9 .

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2. Notwithstanding paragraph 1 , vessels flying the flag of 2. The vessels referred to in paragraph 1 shall keep a Sweden shall be authorized to fish , without any log-book in which the information set out in Annex III quantitative limitation , in the Skagerrak, Kattegat and shall be entered . 0resund .

3 . The vessels referred to in paragraph 1 shall transmit to 3 . For the purposes of this Regulation : the Commission , in accordance with the rules laid down in Annex IV , the information set out in that Annex. — the Skagerrak is the area bounded in the west by a line drawn from the Hanstholm lighthouse to the Lindesnes lighthouse and in the south by a line drawn from the Skagen lighthouse to the Tistlarna lighthouse and from 4. Those vessels referred to in paragraph 1 which have there to the nearest point on the Swedish coast, chilled or refrigerated sea-water tanks shall keep on board a document certified by a competent authority and specifying the calibration of the tanks in cubic metres at 10-centimetre intervals . — the Kattegat is the area bounded in the north by a line drawn from the Skagen lighthouse to the Tistlarna lighthouse and from there to the nearest point on the Swedish coast and in the south by a line drawn from 5 . The registration letters and numbers of the vessels Hasenore Head to Gniben Point, from Korshage to referred to in paragraph 1 must be clearly marked on the Spodsbjerg , and from Gilbjerg Head to the Kullen , bow of each vessel on both sides .

— the 0resund is the area bounded in the north by a line drawn from Gilbjerg Point to the Kullen and in the Article 3 south by a line drawn from the Stevns lighthouse to the Falsterbo lighthouse. 1 . Fishing within ICES sub-area IV and ICES divisions III c and d under the quotas fixed in Article 1 shall be 4 . Fishing authorized under paragraphs 1 and 2 shall be permitted only where a licence has been issued by the limited to those parts of the 200-nautical-mile fishing zone Commission on behalf of the Community at the request of lying seawards of 12 nautical miles from the baselines from the Swedish authorities and in compliance with the which the fishing zones of Member States are measured, conditions set out in Annexes II , III and IV . Copies of these with the following exceptions: Annexes shall be kept on board each vessel .

(a) fishing in Skagerrak is authorized seawards of four nautical miles from the baselines of Denmark; The vessels to be licensed for fishing in the Community zone during a given month will be notified at the latest by (b) fishing in Kattegat is authorized seawards of three the 10th day of the preceding month . The Community shall nautical miles from the coast of Denmark ; process expeditiously requests for adjustments to a monthly list during its currency . (c) fishing in the Baltic Sea is authorized seawards of three nautical miles from the baselines of Denmark;

2 . Licences shall be issued for the purposes of paragraph 1 (d) fishing in 0resund is authorized within the areas and in accordance with the conditions set out in Annex II . provided that the number of licences valid at any time during a given month does not exceed:

5 . Notwithstanding paragraph 1 , unavoidable by-catches — 97 for the fishing of cod, sprat and herring in the Baltic of a species for which no quota is established in a zone shall Sea, including quotas granted to Sweden under the be permitted within the limits fixed in the conservation Agreement between the Government of the German measures in force in the zone concerned . Democratic Republic and the Government of Sweden on Fisheries ,

6 . By-catches in a given zone of a species for which a — 60 for the fishing of herring, sprat and mackerel in quota is established in that zone shall be counted against ICES divisions IV a and b , the quota concerned . — 14 for the fishing of cod, haddock, whiting and others in ICES sub-area IV ,

Article 2 — five for the fishing of salmon in the Baltic Sea. 1 . Vessels fishing within the quotas fixed in Article 1 shall comply with the conservation and control measures and all other provisions governing fishing in the zones referred to 3 . When an application for a licence is submitted to the in that Article . Commission , the following information must be supplied:

No L 378 / 50 31 . 12 . 90 Official Journal of the European Communities

( a) name of the vessel ; 6 . Licences shall be wholly or partially withdrawn before the date of expiry if the respective quotas fixed in Article 1 (b) registration number; have been exhausted.

(c) external identification letters and numbers; 7 . Licences shall be withdrawn in the event of any failure to meet the obligations laid down in this Regulation. (d) port of registration; 8 . For a period not exceeding 12 months, no licence shall (e) name and address of the owner or charterer; be issued for any vessel in respect of which the obligations laid down in this Regulation have not been met. (f) gross tonnage and overall length; 9 . Vessels authorized to fish on 31 December may (g) engine power ; continue fishing as from the beginning of the next year until the lists of vessels permitted to fish during the year in (h) call sign and radio frequency; question are submitted to and approved by the Commission on behalf of the Community. (i) intended method of fishing;

(j ) intended area of fishing; Article 4

(k) species for which it is intended to fish ; Where an infringement is duly found to have taken place, the Member States shall without delay inform the (1 ) period for which a licence is requested. Commission of the name of the vessel concerned and of any action they have taken .

4 . Each licence shall be valid for one vessel only. Where The Commission shall submit , on behalf of the two or more vessels are taking part in the same fishing Community, to Sweden the names and characteristics of operation, each vessel must be in possession of a licence. the Swedish vessels which will not be authorized to fish in the Community's fishing zone the next month(s) as a consequence of an infringement of Community rules. 5 . Licences may be cancelled with a view to the issue of new licences. Such cancellations shall take effect on the day before the date of issue of the new licences by the Article 5 Commission . New licences shall take effect from their date of issue . This Regulation shall enter into force on 1 January 1991 .

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

Done at Brussels , 20 December 1990 .

For the Council

The President P. BUKMAN

31 . 12 . 90 Official Journal of the European Communities No L 378 / 51

ANNEX 1

Swedish catch quotas for 1991

Area within which Quantity Species fishing is authorized ( tonnes )

Cod ICES III c, d 2 000 0 ) ICES IV 130 (>) ! Salmon ICES III c, d 10 Haddock ICES IV 300 Whiting ICES IV 20 (>) Herring ICES III c, d 4 550 ICES IV a , b 4 450 ( 2 ) Mackerel ICES IV a , b 2 300 (3 ) Sprat ICES III c, d 2 500 ICES IV a , b 2 000 Others ICES IV 1 000 (2 ) (' These quotas may be interchanged . (z) The Community reserves the right to negotiate a reduction of this quota in the course of 1991 in the light of the determination of the final TAC for North Sea herring in 1991 . (3 ) Of which 2 000 tonnes shall be fished north of 59° N. (4 ) Out of which up to 40 tonnes may be taken as prawn (Pattdalus); 850 tonnes arc reserved for by-catches of horse mackerel in , inter alia , fishing for mackerel . (5 ) Of which 300 tonnes as a supplementary catch quota in ICES 111 d for 1991 , granted to Sweden under the Agreement between the Government of the German Democratic Republic and the Government of Sweden on Fisheries, to be fished in the fishing zone as defined in the last paragraph of the preamble of that Agreement.

ANNEX II

1 . Inside a depth of seven metres , only the following are allowed : ( a) fishing by net for herring; and ( b) fishing by lines in the months of July to October inclusive. 2 . Outside a depth of seven metres, by trawl or seine is 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 metres between 'armspidserne'. 4 . North of the line referred to in paragraph 2, fishing by trawl or Danish seine is allowed up to three nautical miles from the coast .

ANNEX III

When fishing within the 200-nautical-mile zone off the coasts of the Member States of the Community which is covered by Community rules on fisheries , the following details are to be entered in the log-book immediately after the following events: 1 . after each haul 1.1 . the quantity (in kilograms live-weight) 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 . after each transhipment to or from another vessel 2.1 . the indication 'received from' or 'transfered to'; 2.2 . the quantity (in kilograms live-weight ) of each species transhipped; 2.3 . the name , external identification letters and numbers of the vessel to or from which the transhipment occurred; 3 . after each landing in a port of the Community 3.1 . name of the port; 3.2 . the quantity ( in kilograms live-weight) of each species landed ; 4 . after each transmission of information to the Commission of the European Communities 4.1 . date and time of the transmission ; 4.2. type of message : IN, OUT, ICES , WKL or 2 WKL; 4.3 . in the case of radio transmission : name of the radio station .

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ANNEX IV

1 . The information to be transmitted to the Commission and the timetable for its transmission is as follows:

1.1 . On each occasion the vessel enters the 200-nautical-mile zone off the coasts of the Member States of the Community which is covered by Community rules on fisheries: ( a ) the information specified under 1.5 ; (b ) the quantity ( in kilograms live-weight) of each species of fish in the hold; (c) the date and ICES division within which the master intends to commence fishing. Where the fishing operations necessitate more than one entry into the zone referred to under 1.1 on a given day, one communication shall suffice on first entry .

1.2 . On each occasion the vessel leaves the zone referred to under 1.1 : (a ) the information specified under 1.5 ; (b) the quantity (in kilograms live-weight) of each species of fish in the hold ; (c) the quantity ( in kilograms live-weight) of each species caught since the previous transmission; (d ) the ICES division in which the catches were taken ; (e) the quantity (in kilograms live-weight) of each species transferred to and / or from other vessels since the vessel entered the zone and the identification of the vessel to which the transfer was made; (f) the quantity ( in kilograms live-weight) of each species landed in a port of the Community since the vessel entered the zone . Where the fishing operations necessitate more than one entry into the zones referred to under 1.1 on any given day, one single communication on the last exit will be sufficient.

1.3 . At three-day intervals , commencing on the third day after the vessel first enters the zones referred to under 1.1 when fishing for herring and mackerel , and at weekly intervals , commencing on the seventh day after the vessel first enters the zone referred to under 1.1 when fishing for all species other than herring and mackerel: ( a) the information specified under 1.5 ; (b ) the quantity (in kilograms live-weight) of each species caught since the previous transmission; (c) the ICES division in which the catches were made .

1.4 . On each occasion the vessel moves from one ICES division to another: ( a ) the information specified under 1.5 ; (b ) the quantity (in kilograms live-weight) of each species caught since the previous transmission; (c) the ICES division in which the catches have been taken .

1.5 . ( a ) the name, call sign, external identification letters and numbers 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 for the voyage concerned; (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 24 189 FISEU-B ) 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 .

3 . Name of radio station Call sign of radio station Skagen OXP Bl&vand OXB Norddeich DAF DAK DAH DAL DAI DAM DAJ DAN Scheveningen PCH Oostende OST North Foreland GNF Humber GKZ Cullercoats GCC Wick GKR

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Portpatrick GPK Anglesey GLV Ilfracombe GIL Niton GNI Stonehaven GND Portishead GKA GKB GKC Land's End GLD Valentia EJK Malin Head EJM Boulogne FFB Brest FFU Saint-Nazaire FFO Bordeaux-Arcachon FFC

Stockholm SOJ G6teborg SOG Rønne OYE

4 . Form of the communications The information specified under point 1 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 when entering one of the zones referred- to under 1.1 : 'IN', — message when leaving one of the zones referred to under 1.1 : 'OUT , — message when moving from one ICES division to another: 'ICES', — weekly message: 'WKL', — three-day message : '2 WKL', — the date, the time and the geographical position , — the ICES divisions / sub-areas in which fishing is expected to commence, — the date on which fishing is expected to commence , — the quantity (in kilograms live-weight) of each species of fish in the hold using the code mentioned in point 5 , — the quantity (in kilograms live-weight) of each species of fish caught since the previous transmission using the code mentioned in point 5 , — the ICES divisions / sub-areas in which the catches were made, — the quantity ( in kilograms live-weight) of each species transferred to and / or from other vessels since the previous transmission , — the name and call sign of the vessel to and / or from which the transfer was made, — the quantity (in kilograms live-weight) of each species landed in a port of the Community since the previous transmission, — the name of the master .

5 . The code to be used to indicate the species on board as mentioned in point 4 above: PRA — Northern deep-water prawn (Pandalus borealis), HKE — Hake (Merluccius merluccius), GHL — Greenland halibut (Reinhardtius hippoglossoides), COD — Cod (Gadus morhua), HAD — Haddock (Melanogrammus aeglefinus), HAL — Halibut (Hippoglossus hippoglossus), MAC — Mackerel (Scomber scombrus), HOM — Horse-mackerel (Trachurus trachurus),

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RNG — Round-nose grenadier (Coryphaenoides rupestris), POK — Saithe (Pollachius virens), WHG — Whiting (Merlangus merlangus), HER — Herring (Clupea harengus), SAN — Sand-eel (Ammodytes spp .), SPR — Sprat (Sprattus sprattus), PLE — Plaice (Pleuronectes platessa), NOP — Norway pout (Trisopterus esmarkii), LIN — Ling (Molva molva), PEZ — Shrimp (Penaeidae), ANE — Anchovy (Engraulis encrasicholus), RED — Redfish (Sebastes spp . J, PLA — American plaice (Hypoglossoides platessoides),

— SQX Squid (Illex spp . J, YEL — Yellowtail flounder (Limanda ferruginea), WHB — Blue whiting (Micromesistius poutassou), TUN — Tuna (Thunnidae), BLI — Blue ling (Molva dypterygia), USK — Tusk (Brosme brosme), DGS — Dogfish (Squalus acanthias), BSK — Basking shark (Cetorinhus maximus), POR — Porbeagle (Lamma nasus), — SQC Common squid (Loligo spp .J, POA — Atlantic pomfret (Brama brama), PIL — Sardine (Sardina pilchardus), CSH — Common shrimp (Crangon crangon), LEZ — Megrim (Lepidorhombus spp.), MNZ — Angler /Monk (Lophius spp . J, NEP — Norway lobster (Nephrops norvegicus), POL — Pollack (Pollachius pollachius). ARG — Argentine (Argentina sphyraena), OTH — Other.