28. 12. 88 Official Journal of the European Communities No L 359/35 COMMISSION REGULATION (EEC) No 4086/88 of 21- December 1988 ’ establishing for 1989 the list of vessels exceeding eight metres length overall and permitted to use within certain coastal areas of the Community beam trawls whose aggregate length exceeds eight 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 fishery resources(!), as last amended by Council Regulation (EEC) No 3287/88 (), and in particular Article 15 thereof, Whereas Article 9 (3) (c) of Council Regulation (EEC) No 3094/86 provides for the establishment of an annual list of vessels exceeding eight metres length overall autho- rized to fish inside the continental coastal zone of the North Sea for sole using beam trawls of which the aggre- gate beam length exceeds eight metres and Article 9 (5) of that Regulation 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 restrictions 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(); Whereas it is therefore necessary to establish this list and to lay down detailed rules for its establishment and modi- fication ; Whereas it is necessary to define the primary activity of a vessel ; () OJ No L 288, 11. 10. 1986, p. 1. () OJ No L 292, 26. 10. 1988, p. S. () OJ No L 24, 27. 1. 1983, p. 1 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 whose aggregate length exceeds eight metres inside the area within 12 miles of the coasts of France, north of lati- tude 51°00’N, Belgium, the Netherlands, the Federal Republic of Germany, and the west coast of Denmark as far as the Hirtshals Lighthouse, measured from the base- lines from which the territorial waters are measured, is given in the Annex. 2. The 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 Ja'nuary 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 Regulation (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.