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COUNCIL REGULATION (EEC) No 598/84
of 5 March 1984
laying down for 1984 certain measures for the conservation and management of fishery resources applicable to vessels flying the flag of Spain
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 3 and 11 thereof,
Having regard to the proposal from the Commission,
Whereas the Community and Spain have concluded an Agreement on fisheries (2);
Whereas the Community and Spain have consulted each other, under the procedure laid down in the Agreement, on the conditions for fishing by the vessels for each of the parties in the fishing zone of the other party during 1984;
Whereas, at the end of these consultations, the Community delegation undertook to recommend to its authorities that certain measures be adopted for the said period, authorizing fishing by vessels flying the flag of Spain, in that part of ICES sub-areas VI, VII and VIII situated in the 188-nautical-mile zone extending beyond the 12-nautical-mile limit calculated from the baselines, excluding the region referred to in Article 7 of Regulation (EEC) No 170/83; whereas, further, that delegation undertook to recommend the renewal, as an exceptional measure, of licences granted in 1983 for anchovy and sardine fishing, within the 12-nautical-mile limit in the zones for which they were granted in 1983; whereas the said measures, particularly as regards the determination of the number of licences which will be granted to vessels flying the flag of Spain, take account of the fact that these vessels will be fishing for only part of 1984;
Whereas Regulation (EEC) No 171/83 (3) laid down certain technical measures for the conservation of fishery resources; whereas these measures apply to vessels flying the flag of third countries and operating in Community waters,
HAS ADOPTED THIS REGULATION:
Article 1
The only catches which vessels flying the flag of Spain are authorized to make during the period 1 January to 31 December 1984 shall be those set out in Annex I. These catches may be made only within the 188-nautical-mile zone extending beyond the 12-nautical-mile limit calculated from the base lines, with the exception of the region referred to in Article 7 (1) of Regulation (EEC) No 170/83, and subject to the conditions laid down in this Regulation.
However, vessels holding a licence referred to in point 3 (b), (e) and (f) shall, by way of an exception, be authorized to fish inside the 12-nautical-mile limit for sardine or anchovy up to the limit of the quotas allotted in Annex I and in the zones where they were authorized to carry out such fishing in 1983.
Article 2
1. Fishing shall be subject to the holding on board of a licence, issued by the Commission on behalf of the Community, and to compliance with the conservation and supervisory measures and other provisions governing fishing in the zones referred to in Article 1.
2. The number of licences which may be issued to vessels flying the flag of Spain shall be as laid down in point 3 of Annex I.
3. A vessel may hold only one licence.
4. The skippers of vessels holding a licence must observe the special conditions laid down in Annex II. These conditions shall form part of the licence. However, in the case of vessels holding a licence referred to in point 3 (d), (g) or (h) of Annex I, only points 1 and 2 of the special conditions laid down in Annex II must be observed.
Article 3
1. When an application for a licence referred to in point 3 (a), (b), (c), (g) and (h) of Annex I is submitted to the Commission, the following information shall be supplied:
(a) name of vessel;
(b) registration number;
(c) external identification letters and numbers;
(d) port of registration;
(e) name and address of the owner or charterer and, if the owner is a legal person, of the members;
(f) gross tonnage and overall length;
(g) engine power;
(h) call sign and radio frequency;
(i) intended method of fishing;
(j) intended area of fishing;
(k) species intended to be fished;
(l) period for which a licence is requested.
2. Each licence shall be valid for one vessel only. Where several vessels take part in the same fishing operation, each vessel must be in possession of a licence indicating this method of fishing.
However, in the case of the fishing referred to in point 3 (b) and (c) of Annex I, a single licence may be issued on request for more than one vessel whose particulars shall be entered at the same time on the licence.
For each of the said types of fishing, the Spanish authorities shall provide a list of vessels which shall not exceed in number that fixed in the last column of point 3 of Annex I, specifying for which vessels a licence or a joint licence is requested and, where appropriate, the period of validity requested.
Article 4
1. The licences referred to in point 3 (d), (e) and (f) of Annex I may be issued only to vessels appearing on a list showing, for each of the categories of vessels concerned, the vessels which may use such licences during one of the following periods:
- 1 January to 31 December 1984 for the vessels referred to in point 3 (d) of Annex I,
- 1 March to 30 June 1984 for the vessels referred to in pont 3 (e) of Annex I,
- 1 July to 31 October 1984 for the vessels referred to in point 3 (f) of Annex I.
Each list shall provide the following particulars in respect of each vessel:
- name of the vessel,
- registration number,
- external identification letters and numbers,
- port of registry,
- name and address of the owner or charterer,
- gross tonnage and overall length,
- engine power,
- call sign and radio frequency.
2. The licences referred to in point 3 (d) of Annex I may be used only by vessels included in a periodic programme. This programme shall give the names and registration numbers of all vessels authorized to use such a licence during the period covered, together with the dates on which each vessel may use such a licence.
A periodic programme shall be valid for a period of at least one month and shall be introduced at least four working days before the beginning of the period which it covers. The duration for which each vessel may use a licence under the periodic programme shall be not less than two days. Approval of the various parts of a periodic programme shall be given by the Commission one working day before the date scheduled for their entry into force.
3. The licences referred to in point 3 (e) of Annex I may be used only by vessels which appear on a periodic list. This list shall show, in respect of each of the licences, the names and registration number of each of the vessels authorized to use these licences during the period covered by the list.
A periodic list shall be valid for a period of a least two weeks and shall be introduced at least four working days before the beginning of the period which it covers. The list may not provide for alternate use of a given licence by more than three vessels. Each vessel may use only one licence during the period covered by the list. Approval of a periodic list shall be given by the Commission not later than one working day before the date scheduled for its entry into force. 4. The licences referred to in point 3 (f) of Annex I may be used only by vessels which appear on a daily list. This list shall show, in respect of each of the licences, the names and registration numbers of each of the vessels authorized to use these licences during the day covered by the list. Each vessel may use only one licence during the day covered by the list.
Article 5
1. Notwithstanding the provisions of Article 4, changes in the periodic programmes and lists may be requested in respect of vessels which have been prevented by force majeure from using the licence during the specified period. The vessels concerned shall not be authorized to fish until confirmation has been received from the Commission; such confirmation should be given within 36 hours, excluding public holidays.
2. Should the Commission not be in possession of a new periodic programme or list four working days before the expiry of the preceding programme or list, the provisions applicable to the last week covered shall be applied for a further week.
Article 6
The licences referred to in point 3 (d), (g) and (h) of Annex I may be invalidated if the Commission does not receive, by the fifth and 20th day of each month, information communicated by the competent Spanish authorities concerning the catches made by each vessel and the landings made in each port during the previous fortnight.
Article 7
Notwithstanding Regulation (EEC) No 171/83, the following technical measures shall apply to vessels flying the flag of Spain:
(a) fishing with gillnets shall be prohibited;
(b) trawls, Danish seines or similar nets having mesh sizes smaller than 80 mm may not be used for directed fishing for hake nor carried aboard;
(c) vessels may have on board no fishing gear other than that necessary for the fishing authorized;
(d) long-liners may not cast more than two long-lines per day; the maximum length of each these long-lines shall be 20 nautical miles. The maximum distance between snoods shall be 2,70 m;
(e) vessels fishing as specified in point 3 (h) of Annex I may have on board no fishing gear other than drifting long-lines.
Article 8
1. By-catches shall be permitted within the limits laid down in point 2 of Annex I.
2. Vessels holding a licence entitling them to fish for tunny may not fish any species other than thunnidae; they may not have on board any species other than thunnidae, with the exception of anchovies intended as live bait.
3. Vessels holding a licence entitling them to fish for Ray's bream may not fish for any other species; they may not have on board any species other than Ray's bream, with the exception of species intended as bait up to a quantity limit that is strictly necessary for that purpose.
Article 9
1. The licences referred to in point 3 (a), (b), (c), (f), (g) and (h) of Annex I shall be valid for a period of at least two months, from the first day of a month to the last day of a month. Applications for licences shall be submitted not later than 15 days before the date envisaged for the commencement of validity.
2. The validity of licences may be extended under the conditions laid down in paragraph 1.
3. Licences may be cancelled with a view to the issue of new licences. The cancellation shall take effect on the first day of the month following the surrender of the licences to the Commission.
The new licences shall be issued in accordance with paragraph 1.
Article 10
1. Licences shall be valid for the following periods:
- 1 April to 30 June 1984, in the case of the licences referred to in point 3 (e) of Annex I,
- 1 July to 31 December 1984, in the case of the licences referred to in point 3 (b) of Annex I,
- 1 July to 31 October 1984, in the case of the licences referred to in point 3 (f) of Annex I,
- 1 October to 31 December 1984, in the case of the licences referred to in point 3 (h) of Annex I.
2. However, the period of validity of the licences referred to in paragraph 1 shall expire as soon as the Commission establishes that the quantities laid down in point 1 of Annex I have been fished. Article 11
1. Fishing may not take place in a zone within ICES sub-areas VI and VII, situated south of 56°30'N east of 12°00'W and north of 50°30'N.
2. The fishing referred to in point 3 (d) of Annex I may not take place east of 1°48'W.
3. Without prejudice to paragraph 1, the fishing referred to in point 3 (h) of Annex I is allowed only within ICES divisions VII g, h, j and k.
Article 12
1. Licences for vessels which have not complied with the obligations provided for in this Regulation shall be withdrawn.
2. Where a vessel infringes this Regulation by fishing without a valid licence in the zone referred to in Article 1 and where that vessel belongs to a shipowner who has one or more other vessels to which licences have been issued, one of such licences may be withdrawn.
3. Vessels engaging in the type of fishing referred to in point 3 (a) of Annex I which have failed to comply with the obligations laid down in this Regulation shall not be granted a licence for a period of from four to 12 months from the date on which the infringement took place.
4. Vessels engaging in the type of fishing referred to in point 3 (b), (c), (d), (f), (g) and (h) of Annex I which have failed to comply with the obligations provided for in this Regulation shall not be granted a licence for a period of from two to four months from the date on which the infringement took place.
5. No licence shall be issued during the periods referred to in paragraphs 3 and 4 to a vessel belonging to a shipowner who also owns a vessel whose licence has been withdrawn.
Article 13
The competent authorities in the Member States shall take appropriate measures, including the regular inspection of vessels, to ensure implementation of this Regulation.
Article 14
Where an infringement is duly found to have taken place, the Member States shall, without delay, inform the Commission of the name of the vessel concerned and any action they may have taken.
Article 15
This Regulation shall enter into force on the day of 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, 5 March 1984.