31983R3624

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( 1 ) OJ NO L 24 , 27 . 1 . 1983 , P . 1 .

( 2 ) OJ NO L 83 , 30 . 3 . 1983 , P . 1 .

( 3 ) OJ NO L 378 , 30 . 12 . 1978 , P . 1 .

( 4 ) OJ NO L 69 , 14 . 3 . 1981 , P . 1 .

( 5 ) OJ NO C 140 , 3 . 6 . 1982 , P . 3 .

( 6 ) OJ NO L 24 , 27 . 1 . 1983 , P . 14 .

( 7 ) OJ NO L 25 , 27 . 1 . 1983 , P . 32 .

( 8 ) OJ NO L 319 , 17 . 11 . 1983 , P . 1 .

( 9 ) OJ NO L 319 , 17 . 11 . 1983 , P . 3 .

( 10 ) OJ NO L 318 , 16 . 11 . 1983 , P . 20 .

COUNCIL REGULATION ( EEC ) NO 3624/83 OF 20 DECEMBER 1983 FIXING , FOR CERTAIN FISH STOCKS AND GROUPS OF FISH STOCKS OCCURRING IN THE COMMUNITY'S FISHING ZONE , TOTAL ALLOWABLE CATCHES FOR 1983 , THE SHARE OF THESE CATCHES AVAILABLE TO THE COMMUNITY , THE ALLOCATION OF THAT SHARE BETWEEN THE MEMBER STATES AND THE CONDITIONS UNDER WHICH THE TOTAL ALLOWABLE CATCHES MAY BE FISHED

THE COUNCIL OF THE EUROPEAN COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,

HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 170/83 OF 25 JANUARY 1983 ESTABLISHING A COMMUNITY SYSTEM FOR THE CONSERVATION AND MANAGEMENT OF FISHERY RESOURCES ( 1 ) , AND IN PARTICULAR ARTICLES 2 , 3 , 4 ( 1 ) AND 11 THEREOF ,

HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ,

WHEREAS , IN ORDER TO ENSURE THE PROTECTION OF FISHING GROUNDS AND FISH STOCKS AND THE BALANCED EXPLOITATION OF THE RESOURCES OF THE SEA , IN THE INTERESTS OF BOTH FISHERMEN AND CONSUMERS , THERE SHOULD BE FIXED , EACH YEAR FOR THE DIFFERENT SPECIES , CATCHES OF WHICH MUST BE RESTRICTED , A TOTAL ALLOWABLE CATCH ( TAC ) PER STOCK OR GROUP OF STOCKS AND THE SHARE OF THESE CATCHES AVAILABLE TO THE COMMUNITY TAKING INTO ACCOUNT ITS COMMITMENTS TO THIRD COUNTIRES ;

WHEREAS , IN ORDER TO ENSURE EFFECTIVE MANAGEMENT OF THE TAC , CONDITIONS ON FISHING OPERATIONS SHOULD BE ESTABLISHED ;

WHEREAS , IN ORDER TO ENSURE EFFECTIVE MANAGEMENT , THE TAC AVAILABLE FOR THE COMMUNITY IN 1983 SHOULD BE ALLOCATED AMONG THE MEMBER STATES IN A MANNER WHICH ENSURES RELATIVE STABILITY OF FISHING ACTIVITIES ;

WHEREAS , IN THE CASE OF CERTAIN STOCKS , IT DOES NOT APPEAR NECESSARY TO MAKE QUOTA ALLOCATIONS ;

WHEREAS THE ALLOCATION OF THE TAC FOR SHRIMP IN THE ZONE OF FRENCH GUYANA HAS BEEN ESTABLISHED BY REGULATION ( EEC ) NO 708/83 ( 2 ) ,

HAS ADOPTED THIS REGULATION :

ARTICLE 1

1 . THIS REGULATION FIXES FOR 1983 , FOR CERTAIN FISH STOCKS AND GROUPS OF FISH STOCKS OCCURRING IN THE COMMUNITY'S FISHING ZONE , TOTAL ALLOWABLE CATCHES ( TAC ) PER STOCK OR GROUP OF STOCKS , THE SHARE OF THESE CATCHES AVAILABLE TO THE COMMUNITY , THE ALLOCATION OF THAT SHARE AMONG MEMBER STATES AND THE SPECIFIC CONDITIONS UNDER WHICH THESE STOCKS MAY BE FISHED .

2 . THE SUB-AREAS , DIVISIONS OR SUBDIVISIONS OF NAFO REFERRED TO IN THIS REGULATION ARE DESCRIBED IN ANNEX III TO COUNCIL REGULATION ( EEC ) NO 3179/78 OF 28 DECEMBER 1978 CONCERNING THE CONCLUSION BY THE EUROPEAN ECONOMIC COMMUNITY OF THE CONVENTION ON FUTURE MULTILATERAL COOPERATION IN THE NORTHWEST ATLANTIC FISHERIES ( 3 ) , AS LAST AMENDED BY REGULATION ( EEC ) NO 654/81 ( 4 ) .

THE DEFINITION OF ICES AREAS REFERRED TO IN THIS REGULATION IS GIVEN IN A COMMISSION COMMUNICATION ( 5 ) .

3 . FOR THE PURPOSES OF THIS REGULATION , THE SKAGERRAK IS DELIMITED ON THE WEST BY A LINE DRAWN FROM THE HANSTHOLM LIGHTHOUSE TO THE LINDESNES LIGHTHOUSE AND ON THE SOUTH BY A LINE DRAWN FROM THE SKAGEN LIGHTHOUSE TO THE TISTLARNA LIGHTHOUSE AND FROM THIS POINT TO THE NEAREST POINT ON THE SWEDISH COAST .

FOR THE PURPOSES OF THIS REGULATION , THE KATTEGAT IS DELIMITED ON THE NORTH BY A LINE DRAWN FROM THE SKAGEN LIGHTHOUSE TO THE TISTLARNA LIGHTHOUSE AND FROM THIS POINT TO THE NEAREST POINT ON THE SWEDISH COAST AND ON THE SOUTH BY A LINE DRAWN FROM HASENOERE TO GNIBENS SPIDS , FROM KORSHAGE TO SPODSBJERG AND FROM GILBJERG HOVED TO KULLEN .

ARTICLE 2

TAC FOR STOCKS OR GROUPS OF STOCKS TO WHICH COMMUNITY RULES APPLY OCCURRING IN WATERS FALLING UNDER THE SOVEREIGNTY OR JURISDICTION OF THE MEMBER STATES AND THE SHARE OF THESE CATCHES AVAILABLE TO THE COMMUNITY ARE FIXED FOR 1983 IN ANNEX I .

ARTICLE 3

THE ALLOCATION AMONG THE MEMBER STATES FOR 1983 OF THE SHARE AVAILABLE TO THE COMMUNITY OF TAC OF STOCKS OR GROUPS OF STOCKS OCCURRING IN THE COMMUNITY'S FISHING ZONE IS SHOWN IN ANNEX II .

ARTICLE 4

1 . IT IS PROHIBITED TO RETAIN ON BOARD OR TO LAND CATCHES FROM STOCKS FOR WHICH TAC OR QUOTAS ARE FIXED UNLESS :

( I ) A MEMBER STATE HAS A QUOTA AND THAT QUOTA IS NOT EXHAUSTED ; OR

( II ) THE SHARE OF THE TAC AVAILABLE TO THE COMMUNITY ( COMMUNITY SHARE ) HAS NOT BEEN ALLOCATED BY QUOTA AMONG MEMBER STATES AND THE COMMUNITY SHARE HAS NOT BEEN EXHAUSTED ; OR

( III ) FOR ALL SPECIES OTHER THAN HERRING AND MACKEREL , THEY ARE MIXED WITH ANOTHER SPECIES OF WHICH THEY FORM A PERMITTED BY-CATCH IN A PROPORTION NOT EXCEEDING THE LIMITS SPECIFIED IN ARTICLES 8 AND 9 OF REGULATION ( EEC ) NO 171/83 ( 6 ) AND ARE NOT SORTED EITHER ON BOARD OR ON LANDING ; OR

( IV ) FOR HERRING CAUGHT IN ANY AREA EXCEPT THE SKAGERRAK AND KATTEGAT AND BALTIC SEA ( ICES DIVISIONS III B , C , D ) , THEY ARE WITHIN THE LIMITS OF PARAGRAPH 2 ; OR

( V ) FOR HERRING CAUGHT IN THE SKAGERRAK AND KATTEGAT , THEY ARE TAKEN WITHIN THE LIMITS OF PARAGRAPH 3 ; OR

( VI ) THEY ARE CATCHES OF COD AND HALIBUT TAKEN WITHIN THE LIMITS OF ARTICLES 5 AND 6 ;

( VII ) FOR MACKEREL THEY ARE MIXED WITH HORSE-MACKEREL OR PILCHARD AND THE MACKEREL DOES NOT EXCEED 10 % OF THE TOTAL WEIGHT OF MACKEREL , HORSE-MACKEREL AND PILCHARD ON BOARD AND THE CATCHES ARE NOT SORTED .

ALL LANDINGS COUNT AGAINST THE QUOTA OR , IF THE COMMUNITY SHARE HAS NOT BEEN ALLOCATED BETWEEN MEMBER STATES BY QUOTAS , AGAINST THE COMMUNITY SHARE , EXCEPT FOR CATCHES MADE UNDER THE PROVISIONS OF ( III ) , ( IV ) , ( VI ) AND ( VII ) OF THIS PARAGRAPH OR OF PARAGRAPH 3 ( A ) .

2 . IN AREAS OTHER THAN THE SKAGERRAK AND KATTEGAT AND THE BALTIC SEA ( ICES DIVISIONS III B , C , D ) IT IS PROHIBITED TO RETAIN ON BOARD HERRING MIXED WITH OTHER SPECIES UNLESS SUCH CATCHES ARE NOT SORTED , AND :

( I ) IF MIXED WITH SPRAT , THE HERRING DOES NOT EXCEED 10 % BY WEIGHT OF THE TOTAL WEIGHT OF HERRING AND SPRAT COMBINED ; OR

( II ) IF MIXED WITH SPECIES OTHER THAN SPRAT , THE HERRING DOES NOT EXCEED 5 % BY WEIGHT OF THE TOTAL WEIGHT OF THE HERRING AND OTHER SPECIES COMBINED .

3 . THE FOLLOWING PROVISIONS SHALL APPLY TO HERRING BY-CATCHES IN THE SKAGERRAK AND THE KATTEGAT :

( A ) WHEN THE COMMUNITY SHARE FOR HERRING IS NIL OR WHEN THERE IS NO POSITIVE QUOTA ALLOCATED TO A MEMBER STATE OR WHEN ITS QUOTA IS EXHAUSTED , BY-CATCHES OF HERRING MAY BE RETAINED ON BOARD AND LANDED IF THEY ARE MIXED WITH SPRAT AND IF THE PERCENTAGE OF THE BY-CATCH DOES NOT EXCEED 10 % BY WEIGHT OF THE TOTAL CATCH OF HERRING AND SPRAT COMBINED . IT SHALL BE PROHIBITED TO SORT SUCH BY-CATCHES WHICH MAY ONLY BE LANDED MIXED WITH THE SPECIES OF WHICH THEY FORM A BY-CATCH .

( B ) WHEN A POSITIVE QUOTA HAS BEEN ALLOCATED TO A MEMBER STATE AND THAT QUOTA HAS NOT YET BEEN EXHAUSTED , BY-CATCHES OF HERRING MAY BE RETAINED ON BOARD AND LANDED WITHIN THE QUOTA ALLOCATED WHEN USING NETS WITH A MESH SIZE SMALLER THAN 32 MILLIMETRES IF THE PERCENTAGE OF THE BY-CATCH DOES NOT EXCEED , IF MIXED WITH SPRAT , 10 % BY WEIGHT OF THE TOTAL CATCH OF HERRING AND SPRAT COMBINED AND , IF MIXED WITH OTHER SPECIES , 5 % BY WEIGHT OF THE TOTAL CATCH OF HERRING AND THE OTHER SPECIES COMBINED .

( C ) THE PERCENTAGE OF MAXIMUM ALLOWABLE BY-CATCH SHALL APPLY TO THE WEIGHT OF HERRING IN CATCHES ON BOARD , IN LANDINGS OR IN ANY REPRESENTATIVE SAMPLE WEIGHING MORE THAN 100 KILOGRAMS .

ARTICLE 5

1 . WHEN A POSITIVE QUOTA OF COD HAS NOT BEEN ALLOCATED TO A MEMBER STATE IN EITHER ICES SUB-AREA XIV OR IN NAFO SUB-AREA 1 , THE FOLLOWING PROVISIONS SHALL APPLY WITH REGARD TO THAT MEMBER STATE :

- FOR VESSELS WHICH ARE TRAWLING , BY-CATCHES OF COD WHICH ARE RETAINED ON BOARD AFTER SORTING MAY NOT EXCEED 10 % BY WEIGHT OF REDFISH AND 3 % BY WEIGHT OF OTHER SPECIES ,

- FOR VESSELS WHICH ARE LONGLINING , BY-CATCHES OF COD WHICH ARE RETAINED ON BOARD AFTER SORTING MAY NOT EXCEED 10 % BY WEIGHT OF HALIBUT AND GREENLAND HALIBUT AND 3 % BY WEIGHT OF OTHER SPECIES .

2 . WHEN A POSITIVE QUOTA OF HALIBUT HAS NOT BEEN ALLOCATED TO A MEMBER STATE IN EITHER ICES SUB-AREA XIV OR IN NAFO SUB-AREA 1 , THE FOLLOWING PROVISION SHALL APPLY TO THE VESSELS OF THAT MEMBER STATE :

- BY-CATCHES OF HALIBUT WHICH ARE RETAINED ON BOARD AFTER SORTING MAY NOT EXCEED 3 % BY WEIGHT OF CATCHES OF OTHER SPECIES .

3 . THE INCIDENTAL CATCHES REFERRED TO IN PARAGRAPHS 1 AND 2 SHALL BE MEASURED ACCORDING TO ARTICLE 10 OF REGULATION ( EEC ) NO 171/83 BUT MAY NOT BE MEASURED UNTIL A VESSEL HAS BEEN FISHING IN GREENLAND WATERS FOR AT LEAST 48 HOURS .

ARTICLE 6

WHEN A POSITIVE QUOTA OF COD HAS NOT BEEN ALLOCATED TO A MEMBER STATE IN EITHER ICES SUB-AREA XIV OR IN NAFO SUB-AREA 1 , FISHING FOR REDFISH SHALL BE PROHIBITED IN THAT PART OF NAFO SUB-AREA 1 BOUNDED BY A LINE RUNNING DUE WEST FROM THE WEST GREENLAND BASELINES ALONG LATITUDE 64* 30' N TO LONGITUDE 55* 00' W , SOUTH TO LATITUDE 61* 30' N AND LONGITUDE 50* 30' W AND DUE EAST TO THE WEST GREENLAND BASELINES .

ARTICLE 7

FISHING FOR MACKEREL SHALL BE PROHIBITED IN ICES DIVISION VI A NORTH OF LATITUDE 58* 00' N FROM 1 MARCH TO 30 APRIL AND FROM 1 TO 31 DECEMBER .

ARTICLE 8

1 . DIRECT FISHING FOR HERRING SHALL BE PROHIBITED :

- IN THE SKAGERRAK THROUGHOUT THE YEAR EXCEPT FOR 12 WEEKS IN THE PERIOD 1 JUNE TO 24 SEPTEMBER 1983 . THE PERIODS OF FISHING SHALL BE FIXED AFTER CONSULTATIONS WITH NORWAY AND SWEDEN . THE COMMISSION WILL NOTIFY THE MEMBER STATES OF THE DATES AGREED ,

- IN THE KATTEGAT FROM 1 MAY TO 24 SEPTEMBER .

THIS PROVISION SHALL NOT APPLY TO FISHING WITHIN TWO NAUTICAL MILES OF THE BASELINES , WITHIN THE SAME LEVEL AS PREVIOUS YEARS , BY VESSELS NOT EXCEEDING 90 FEET AND USING OTHER TYPES OF GEAR THAN TRAWL .

2 . FISHING FOR HERRING SHALL BE PROHIBITED FROM 1 JULY TO 31 OCTOBER WITHIN THE AREA BOUNDED BY THE FOLLOWING COORDINATES :

- THE WEST COAST OF DENMARK AT 55* 30' N ,

- LATITUDE 55* 30' N LONGITUDE 07* 00' E ,

- LATITUDE 57* 00' N LONGITUDE 07* 00' E ,

- THE WEST COAST OF DENMARK AT 57* 00' N .

3 . FISHING FOR HERRING SHALL BE PROHIBITED THROUGHOUT THE YEAR IN THOSE WATERS BETWEEN LATITUDES 53* 00' N AND 55* 00' N WHICH ARE SITUATED BETWEEN THE EASTERN COASTS OF IRELAND AND NORTHERN IRELAND AND A LINE DRAWN 12 MILES FROM THE BASELINES .

4 . BY WAY OF DEROGATION FROM PARAGRAPH 3 , VESSELS WITH A LENGTH NOT EXCEEDING 40 FEET BASED IN PORTS SITUATED ON THE EAST COAST OF IRELAND AND NORTHERN IRELAND BETWEEN LATITUDES 53* 00' N AND 55* 00' N MAY FISH FOR HERRING IN THE PROHIBITED AREA DESCRIBED IN PARAGRAPH 2 . THE ONLY METHOD OF FISHING AUTHORIZED SHALL BE DRIFT NETTING WITH NETS OF A MINIMUM MESH SIZE OF 54 MM .

5 . FISHING FOR HERRING SHALL BE PROHIBITED THROUGHOUT THE WHOLE YEAR IN THE IRISH SEA ( ICES DIVISION VII A ) IN THE MARITIME AREA BETWEEN THE WEST COASTS OF SCOTLAND , ENGLAND AND WALES AND A LINE DRAWN 12 MILES FROM THE BASELINES OF THESE COASTS BOUNDED TO THE SOUTH BY LATITUDE 53* 20' N AND TO THE NORTH-WEST BY A LINE DRAWN BETWEEN THE MULL OF GALLOWAY ( SCOTLAND ) AND THE POINT OF AYRE ( ISLE OF MAN ) .

6 . FISHING FOR HERRING SHALL BE PROHIBITED FROM 20 SEPTEMBER TO 15 NOVEMBER IN THE PART OF THE IRISH SEA ( ICES DIVISION VII A ) NORTH OF LATITUDE 53* 30' N , EXCEPT FOR LOGAN BAY , WHICH SHALL BE CLOSED TO HERRING FISHING DURING THE WHOLE YEAR .

7 . THE AREAS DESCRIBED IN PARAGRAPHS 5 AND 6 MAY BE ALTERED IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 21 OF COUNCIL REGULATION ( EEC ) NO 171/83 .

ARTICLE 9

1 . DIRECT FISHING FOR SPRAT SHALL BE PROHIBITED IN THE SKAGERRAK AND THE KATTEGAT :

- WHEN CARRYING OUT PAIR TRAWL FISHING BY VESSELS OF 80 FEET OVERALL LENGTH OR ABOVE WITH NETS OF A MINIMUM MESH SIZE LESS THAN 32 MILLIMETRES , FROM 13 JUNE TO 24 SEPTEMBER ,

- IN ALL OTHER CASES , BY VESSELS OF 80 FEET OVERALL LENGTH OR ABOVE , FROM 13 JUNE TO 10 JULY AND FROM 4 TO 24 SEPTEMBER AND BY VESSELS OF LESS THAN 80 FEET OVERALL LENGTH FROM 13 JUNE TO 10 JULY .

2 . FISHING FOR SPRAT SHALL BE PROHIBITED :

( I ) FROM 1 JULY TO 31 OCTOBER WITHIN THE AREA BOUNDED BY THE FOLLOWING COORDINATES :

- THE WEST COAST OF DENMARK AT 55* 30' N ,

- LATITUDE 55* 30' N LONGITUDE 07* 00' E ,

- LATITUDE 57* 00' N LONGITUDE 07* 00' E ,

- THE WEST COAST OF DENMARK AT 57* 00' N ;

( II ) IN ICES STATISTICAL RECTANGLE 39 E8 FROM 1 OCTOBER TO 31 MARCH . FOR THE PURPOSES OF THIS REGULATION THIS ICES RECTANGLE IS BOUNDED BY A LINE RUNNING DUE EAST FROM THE EAST COAST OF ENGLAND ALONG LATITUDE 55* 00' N TO LONGITUDE 1* 00' W , DUE NORTH TO LATITUDE 55* 30' N AND DUE WEST TO THE ENGLISH COAST ;

( III ) IN THE INNER WATERS OF THE MORAY FIRTH WEST OF LONGITUDE 3* 30' W AND IN THE INNER WATERS OF THE FIRTH OF FORTH WEST OF LONGITUDE 3* 00' W FROM 1 OCTOBER TO 31 MARCH .

ARTICLE 10

TRAWLING AND PURSE SEINING FOR MACKEREL , SPRAT AND HERRING SHALL BE PROHIBITED IN THE SKAGERRAK FROM SATURDAY MIDNIGHT TO SUNDAY MIDNIGHT AND IN THE KATTEGAT FROM FRIDAY MIDNIGHT TO SUNDAY MIDNIGHT .

ARTICLE 11

1 . FISHING FOR SALMON IN NAFO SUB-AREA 1 SHALL BE PROHIBITED BEFORE 10 AUGUST .

2 . FOR SALMON FISHING IN NAFO SUB-AREA 1 ONLY NETS WITH A MESH SIZE OF 140 MILLIMETRES MAY BE USED WITH A TOLERANCE OF MORE OR LESS 5 % ; THIS MEANS THAT EVERY MEASURED MESH OF A NET MUST BE WITHIN THE LIMITS OF 5 % OF 140 MILLIMETRES .

ARTICLE 12

1 . THE FOLLOWING REGULATIONS SHALL BE REPEALED FOR THE FISHING OF STOCKS REFERRED TO IN THIS REGULATION :

( A ) COUNCIL REGULATION ( EEC ) NO 198/83 OF 25 JANUARY 1983 ON FISHING ACTIVITIES IN WATERS UNDER THE SOVEREIGNTY OR JURISDICTION OF THE MEMBER STATES , ADOPTED PROVISIONALLY PENDING THE FIXING OF TAC AND QUOTAS FOR 1983 ( 7 ) ;

( B ) COUNCIL REGULATION ( EEC ) NO 3222/83 OF 15 NOVEMBER 1983 ON THE FIXING OF THE TOTAL ALLOWABLE CATCH , THE SHARE AVAILABLE TO THE COMMUNITY AND THE QUOTA ALLOCATIONS AMONG THE MEMBER STATES FOR SAITHE IN 1983 IN DIVISIONS III A , IV , II A ( EEC ZONE ) AND III B , C AND D ( EEC ZONE ) ( 8 ) ;

( C ) COUNCIL REGULATION ( EEC ) NO 3223/83 OF 15 NOVEMBER 1983 ON THE FIXING OF THE TOTAL ALLOWABLE CATCH OF BALTIC SEA COD , THE SHARE AVAILABLE TO THE COMMUNITY AND THE QUOTA ALLOCATIONS AMONG THE MEMBER STATES IN 1983 ( 9 ) .

2 . FOR FISHING FOR THE HERRING STOCK IN ICES DIVISIONS IV A , B , C AND VII D :

( A ) REGULATION ( EEC ) NO 198/83 SHALL REMAIN APPLICABLE UNTIL 31 DECEMBER 1983 ;

( B ) THE APPLICATION OF REGULATION ( EEC ) NO 3220/83 ( 10 ) AMENDING REGULATION ( EEC ) NO 198/83 SHALL BE EXTENDED UNTIL 31 DECEMBER 1983 .

ARTICLE 13

THIS REGULATION SHALL ENTER INTO FORCE ON THE THIRD DAY FOLLOWING ITS PUBLICATION IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .

THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES .

DONE AT BRUSSELS , 20 DECEMBER 1983 .

FOR THE COUNCIL

THE PRESIDENT

N . AKRITIDIS

ANNEXES : SEE OJ NO L 365 OF 27 . 12 . 1983 .