Council Regulation (EEC) No 3880/91 of 17 December 1991 on the submission of nominal catch statistics by Member States fishing in the north-east Atlantic

• Celex Number: 31991R3880
• Coming into Force: 01 January 1992
• End of Effective Date: 19 April 2009
• ELI: http://data.europa.eu/eli/reg/1991/3880/oj
• Published date: 31 December 1991
• Date: 17 December 1991
• Official Gazette Publication: Official Journal of the European Communities, L 365, 31 December 1991

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31991R3880

Council Regulation (EEC) No 3880/91 of 17 December 1991 on the submission of nominal catch statistics by Member States fishing in the north-east Atlantic

Official Journal L 365 , 31/12/1991 P. 0001 - 0018
Finnish special edition: Chapter 4 Volume 4 P. 0028
Swedish special edition: Chapter 4 Volume 4 P. 0028

COUNCIL REGULATION (EEC) N° 3880/91 of 17 December 1991 on the submission of nominal catch statistics by Member States fishing in the north-east Atlantic

THE COUNCIL OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community, and in particular Article 43 thereof,

Having regard to the proposal from the Commission (1),

Having regard to the opinion of the European Parliament (2),

Having regard to the opinion of the Statistical Programme Committee,

Whereas the management of the Community's fishery resources requires accurate and timely statistics on the catches by Member States' vessels fishing in the north-east Atlantic;

Whereas the Convention on future multilateral cooperation in north-east Atlantic fisheries approved by Decision 81/608/EEC (3) and establishing the North-East Atlantic Fisheries Commission requires the Community to supply that Commission with the available statistics that it may request;

Whereas advice received from the International Council for the Exploration of the Sea under the Cooperation Agreement between that organization and the Community (4) will be enhanced by the availability of statistics on the activities of the Community fishing fleet;

Whereas the Convention on fishing and conservation of the living resources in the Baltic Sea and the Belts approved by Decision 83/414/EEC (5) and establishing the International Baltic Sea Fishery Commission requires the Community to supply that Commission with the available statistics that it may request;

Whereas the Convention for the conservation of salmon in the north Atlantic Ocean approved by Decision 82/886/EEC (6) and establishing the North Atlantic Salmon Conservation Organization (Nasco), requires the Community to supply that organization with the available statistics that it may request;

Whereas there is a need for fuller definitions and descriptions used in fishery statistics and in the management of the fisheries of the north-east Atlantic,

HAS ADOPTED THIS REGULATION:

Article 1

Each Member State shall submit to the Statistical Office of the European Communities (hereinafter referred to as 'Eurostat`) data on the annual nominal catches by vessels registered in or flying the flag of that Member State fishing in the north-east Atlantic.

The nominal catch data shall include all fishery products landed or transhipped at sea in no matter what form but shall exclude quantities which, subsequent to capture, are discarded at sea, consumed on board or used as bait on board. Aquaculture production shall be excluded. The data shall be recorded as the live weight equivalent of the landings or transhipments, to the nearest tonne.

Article 2

1. The data to be submitted shall be the nominal catches of each of the species liste in Annex I in each of the statistical fishing regions listed in Annex II and defined in Annex III.

2. The data for each calendar year shall be submitted within six months of the end of the year. N° submissions shall be required for species/fishing region combinations for which no catches were recorded in the annual period of the submission. The data for species of minor importance in a Member State need not be individually identified in the submissions but may be included in an aggregated item provided that the weight of the products thus recorded does not exceed 10 % by weight of the total catch in that Member State in that month.

3. The lists of species and statistical fishing regions, the descriptions of these fishing regions and the permitted degree of aggregation of data may be amended in accordance with the procedure laid down in Article 5.

Article 3

Except where provisions adopted under the common fisheries policy dictate otherwise, a Member State shall be permitted to use sampling techniques to derive catch data for those parts of the fishing fleet for which the complete coverage of the data would involve the excessive application of administrative procedures. The details of the sampling procedures, together with details of the proportion of the total data derived by such techniques, must be included by the Member State in the report submitted pursuant to Article 6 (1).

Article 4

Member States shall fulfil their obligations to the Commission pursuant to Articles 1 and 2 by submitting the data on magnetic medium, the format of which is given in Annex IV.

With the prior approval of Eurostat, Member States may submit data in a different form or on a different medium.

Article 5

Where the procedure laid down in this Article is to be followed, the chairman shall refer the matter to the Standing Committee for Agricultural Statistics (hereinafter referred to as 'the Committee`), either on his own initiative or at the request of the representative of a Member State.

The representative of the Commission shall submit to the Committee a draft of the measures to be taken. The Committee shall deliver its opinion on the draft within a time limit which the chairman may lay down according to the urgency of the matter, if necessary by taking a vote.

The opinion shall be recorded in the minutes; in addition, each Member State shall have the right to ask to have its position recorded in the minutes.

The Commission shall take the utmost account of the opinion delivered by the Committee. It shall inform the Committee of the manner in which its opinion has been taken into account.

Article 6

1. Within 12 months of the entry into force of this Regulation, Member States shall submit a detailed report to Eurostat describing how the data on catches are derived and specifying the degree of representative and reliability of these data. Eurostat, in collaboration with the Member States, shall draw up a summary of these reports.

2. Member States shall inform Eurostat of any modifications to the information provided under paragraph 1 within three months of their introduction.

3. Where the methodological reports under paragraph 1 show that a Member State cannot immediately meet the requirements of this Regulation and that changes in survey techniques and methodology are necessary, Eurostat may, in cooperation with the Member State, set a transitional period of up to two years during which the programme of this Regulation is to be achieved.

4. Methodological reports, transitional arrangements, data availability, data reliability and other relevant issues connected with the application of this Regulation shall be examined once a year within the competent Working Party of the Agricultural Statistics Committee.

Article 7

This Regulation shall enter into force on the day following its publication in the Official Journal of the European Communities.

It shall apply from 1 January 1992.

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

Done at Brussels, 17 December 1991.

For the Council The President P. BUKMAN

(1) OJ N° C 230, 4. 9. 1991, p. 1.

(2) OJ N° C 280, 28. 10. 1991, p. 174.

(3) OJ N° L 227, 12. 8. 1981, p. 21.

(4) OJ N° L 149, 10. 6. 1987, p. 14.

(5) OJ N° L 237, 26. 8. 1983, p. 4.

(6) OJ N° L 378, 31. 12. 1982, p. 24.

ANNEX I

LIST OF SPECIES WHICH HAVE BEEN REPORTED IN THE COMMERCIAL CATCH STATISTICS FOR THE NORTH-EAST ATLANTIC

Member States must report the nominal catches of those species marked with an asterisk (*). The reporting of nominal catches of the remaining species is optional as concerns the identification of the individual species. However, where data for individual species are not submitted the data shall be included in aggregate categories. Member States may submit data for species not in the list provided that the species are clearly identified.

Note: 'n.e.i.` is the abbreviation for 'not elsewhere identified`.

>TABLE>

ANNEX II

STATISTICAL FISHING REGIONS OF THE NORTH-EAST ATLANTIC FOR WHICH DATA ARE TO BE SUBMITTED

>TABLE>

Notes:

1. Those statistical fishing regions preceded by 'ICES` have been identified and defined by the International Council for the Exploration of the Sea.

2. Those satistical fishing regions preceded by 'BAL` have been identified and defined by the International Baltic Sea Fishery Commission.

3. Data should be submitted so as to include as much detail as possible. 'Unknown` and aggregate regions should only be used where the detailed information is not available. Where detailed information is submitted the aggregate categories should not be used.

Statistical fishing regions for the north-east Atlantic

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ANNEX III

DESCRIPTION OF THE ICES SUB-AREAS AND DIVISIONS USED FOR THE PURPOSE OF FISHERY STATISTICS AND REGULATIONS IN THE NORTH-EAST ATLANTIC

ICES STATISTICAL AREA (NORTH-EAST ATLANTIC)

All waters of the Atlantic and Arctic Oceans and their dependent seas bounded by a line from the geographic North Pole along the meridian of 40°00&(BLK0)prime; west longitude to the north coast of Greenland; then in an easterly and southerly direction along the coast of Greenland to a point at 44°00&(BLK0)prime; west longitude; then due south to 59°00&(BLK0)prime; north latitude; then due east to 42°00&(BLK0)prime; west longitude; then due south to 36°00&(BLK0)prime; north latitude; then due east to a point on the coast of Spain (Punta Marroqui isthmus) at 5°36&(BLK0)prime; west longitude; then in a north-westerly and northerly direction along the south-west coast of Spain, the coast of Portugal, the north-west and north coasts of Spain, and the coasts of France, Belgium, the Netherlands and Germany to the western terminus of its...