12. 12. 89 Official Journal -of the European Communities No L 362/19 COMMISSION: REGULATION (EEC) No 3699/89 of 11 December 1989 establishing for 1990 the list of vessels exceeding eight metres length overall and permitted to fish for sole within certain areas of the Community using beam trawls whose aggregate length exceeds nine metres THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard -to the Treaty establishing the European Economic Community, Having regard to Council Regulation (EEC) No 3094/86 of 7 October 1986 laying down certain technical measures for  the conservation of fisheéry resources ('), as last amended by Council Regulation (EEC) No 2220/89 (3, and in particular Article 15 thereof, Whereas Article 9 (3) (c) of Regulation (EEC) No 3094/86 provides for the establishment of an annual list of vessels exceeding eight metres length overall authorized to fish for sole inside the zones mentioned in part (a) of that paragraph using beam trawls of which the aggregate beam length exceeds nine metres and paragraph 5 of the said Article 9 provides for the adoption of detailed rules for the implementation of this provision ; Whereas the list is to consist of those vessels which at the date these provisions take effect comply with the criteria set out in Article 9 (3) (b) and (c) of the Regulation and with the technical requirements for access to the said. area, as determined by the legislation of their flag State or State of registration ; Whereas inclusion in the list is without prejudice to the application of other measures for the conservation - of fishery resources provided for or adopted in conformity with Regulation (EEC) No 3094/86 or Council Regulation. (EEC) No 170/83 (%), as amended by the Act of Accession of- Spain and Portugal ; Whereas it is therefore necessary to establish this list and. to lay down detailed rules for its establishment and modification ; ’ Whereas it is necessary to define the primary activity of a vessel ; Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Fishery Resources, HAS ADOPTED THIS REGULATION : Article -1 1. The list-of vessels authorized by virtue of Article 9 (3) (c) of Regulation (EEC) No 3094/86 to use beam trawls () OJ No L 288, 11. 10. 1986, p. 1. () OJ No L 211, 22. 7. 1989, p. é. () OJ No L 24, 27. 1. 1983, p. 1. whose aggregate length exceeds nine ‘metres inside the zones mentioned in part (a). of that paragraph, is given in the Annex hereto. 2. This list shall consist of those vessels exceeding eight metres length overall : — whose primary activity is fishing for shrimps, and. — which entered into service before 1 January 1987, and have been fishing with beam trawls in waters beyond the baselines before that date, and — which complied on 1 January 1987 with the technical requirements - determined by the legislation of the Member State whose flag they fly or in which they are registered for fishing with beam trawls in the area referred to in Article 9 (3) (a) of Régulation (EEC) No 3094/86, and — whose engine power -on 1 January 1987 did not exceed 221 kW and in the case of derated engines did not exceed 300 kW before  derating. 3. Vessels which went out of service between 1 July 1986 and 1 January 1987 for reasons of force majeure but which-would otherwise comply with the conditions set out in paragraph 2 may appear on the list. Vessels for the construction of which a binding contract was signed before 11 .October 1986 may. also appear on the list provided that when constructed they comply with the conditions set out in paragraph -2 apart from the references to 1 January 1987. 4.  Member States shall verify that vessels included on the list comply with the conditions set out in paragraph 2 and shall, if necessary, notify the Commission of a request for modification of the list in accordance with Article 2. Article 2 - 1. Requests for modification of the information in the Annex shall be notified to:the Commission by the Member State whose flag the vessel concerned-flies or in which it is registered. 2. However, where the modification involves a change of flag or country of registration the request shall be made by the Member State whose flag the vessel flies or in which it is registered after the change.