COMMISSION OF THE EUROPEAN COMMUNITIES 
C0MC90) 52 final 
Brussels, 6 February 1990 
Proposal for a 
COUNCIL REGULATION (EEC) 
establishing, for the period from 1 March to 30 June 1990, certain 
measures for the conservation and management of fishery resources 
applicable to vessels flying the Japanese flag in waters falling 
under the sovereignty or jurisdiction of Portugal 
(presented by the Commission) 
EXPLANATORY »€HPRANPUH 
I. An agreement between Portugal anc Japan was signée in October 1978 
authorizing the fishing of tuna species in waters falling under the 
sovereignty or within the juiisciction of Portugal. The agreement came into 
foice on "5 March 1980 ano has been renewed tacitly each year. 
?.. Portugal denounced this agreement on 2 September 1985 in accordance with the 
unc-ertakinqs it mace curing the accession negotiations; the agreement expiree 
un 2 March 1986. 
3. To avoid interruption of Japanese fishing activities ano of the Japanese 
scientific anc technical cooperation programme to the benefit of Purtunal, 
the Council has adopted, for the period from 1 March to 30 June for each of 
years 1986 to 1989, an autonomous arrangement for vessels flying the Japanese 
flag in waters falling under the sovereignty or within the jurisdiction of 
the Portuguese Republic (1) 
4. The fishing riqhts grantee to Japanese boats are conditional on Japan 
offering scientific, technical ano economical assistance to those sections of 
the population in Portugal greatly dependent on fisheries. 
5. In order to further this cooperation in the fisheries field and taking 
account of the fact that : 
- firstly, until now no other type of arrangement has been conduced between 
the Community and Japan, 
- secondly, the International Commission for the Conservation of Atlantic 
Tuna (ICCAT) has not recommended any limitation in respect of catches of 
the bluefin tuna stock of the East Atlantic and Mediterranean, 
- thirdly, there are prospects for development of certain fishing activities 
by Community vessels, in accordance with the Multiannual Guidance 
Programmes 
the draft reaulation which is the subject of this proposal is intended to 
authorise by means of a new autonomous measure for the period from L March to 
30 June L990, certain fishing activities for vessels flying the Japanese flag 
in waters falling under the sovereignty or within the jurisdiction of the 
Portuguese Republic which are limited in comparison to the previous year. 
This limitation affect the number of vessels (10 instead of 15) and the 
guantities authorised (£0 tonnes of bluefin tuna instead of 120 tonnes). The 
other conditions remain the same as in the previous year. 
(1) R. 448/86 O.J. n" L 50 of 28.2.86, p. 34 
R. 654/87 O.J. n° L 63 of 6.3.87, p. 2 
R. 580/88 O.J. n° L 57 of 3.3.88, p. 1 
R. 529/89 O.J. n° L 59 du 2.3.89, p. 1 
Official Journal of the European Communities 
(Acts whose publication is obligatory) 
COUNCIL REGULATION (EEC) No 
of 
establishing, for the period from 1 March to 30 June I Ml*, certain measures for 
the conservation and management of fishery resources applicable to vessels 
flying the Japanese flag in waters falling under the sovereignty or jurisdiction of 
Portugal 
THE COUNCIL OF THE EUROPEAN COMMUNITIES. HAS ADOPTBD THIS REGULATION : 
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 ('), 
and in particular Article 11 thereof, 
Having regard to the proposal from the Commission, 
Whereas Article 2 of Regulation (EEC) No 170/83 
requires the Council to formulate the conservation 
measures necessary to achieve the aims set out in Article 
1 of the Regulation in the light of available' scientific 
advice ; 
Whereas the Agreement which linked Portugal and Japan 
since 3 March 1980 expired on 2 March 1986; whereas 
thereafter Japanese fishing activities have been tempor­
arily maintained 
in the frame­
work of cooperation with Japan to the benefit of local 
people who are gready dependent on fisheries in view of 
the need for balanced economic and social development 
of the Portuguese coastal regions; 
Whereas it is in the Community's interest to ensure that 
this system continues in a more limited fashion for the 
"4930 fishing season ; 
Whereas fishing by Japanese vessels in waters falling 
under the sovereignty or jurisdiction of Portugal is subject 
to Community fisheries Regulations ; whereas such 
fishing should be supplemented by certain technical and 
supervisory measures, 
(') OJ No L 24, 27. 1. 1983. p. 1. Article 1 
Vessels flying the Japanese flag, fishing exclusively with 
long lines, shall be authorized, for the fishing period 1 
March to 30 June)930, to fish as their principal catch, 
bluefin tuna (Thunnus tbynnus tbynnus) in waters under 
the sovereignty or jurisdiction of Portugal tha' V- beyond 
12 miles from the baselines, with the exception of the 
zones listed in Annex I, subject to the conditions laid 
down in this Regulation. 
Article 2 
1. The maximum number of long-liners referred to in 
Article 1 shall be lO: no vessel may exceed 500 GRT. 
2. The total catch of all the long-liners may not exceed 
30 tonnes of bluefin tuna. v. , 
3. Other tuna species caught when fishing for bluefin 
tuna may not exceed IS % of the total catch per vessel. 
Article 3 
1. The catch of bluefin tuna (Thunnus tbynnus 
tbynnus) of a unitary weight of less than 6,4 kilograms 
shall be prohibited. 
2. The catch of yellowfin tuna (Thunnus albacares) of 
a unitary weight of less than 3,2 kilograms shall be 
prohibited. 
3. The catch of bigeye tuna (Thunnus obesus) of a 
unitary weight of less than 3,2 kilograms shall be 
prohibited. 
Article 4 
1. Fishing by long-liners referred to in Article 1 in 
zones referred to in the same Article shall be subject to 
the possession on board of a licence, issued by the 
Commission on behalf of the Community, and to the 
Officiai Journal of the European Communities 
observance ~t the c> ^c'l'ions set out in that licence and 
the supervise^' measures and other provisions regulating 
fishing act!viaC5 in those zones. New licences shall be issued in accordance 
graph 1. nth 
2 The ma. -er of each vessel in possession of a licence 
;nust observe the special conditions set out in Annex II, 
^nd in particular the obligation to forward the informa­
tion specified in the said Annex via the radio stations 
indicated therein. These conditions shall form part of the 
licence. 
3. Each licence shall be valid for a single vessel and 
not be Transferable. However, the Japanese authorities 
may request the Commission, by telex, to authorize the 
•ransrer of the licence for a vessel which is prevented 
horn fishing during the set period for reasons of force 
majeure tc a replacement vessel whose technical charac­
teristics do not exceed those of the vessel to be replaced. 
The request shall provide all the information referred to 
in Article 7, in respect of this replacement vessel. The 
Commission shall notify any transfer authorization, 
without delay and by telex, to the Japanese authorities 
and to the competent supervisory authorities. The replace­
ment vessel can carry out fishing activities only after the 
date indicated by the Commission in its notification. 
4. All licences referred to in paragraph 1 shall cease to 
be valid once the Commission has established that the 
quofa bid down in Article 2 has been used up. 
Article 5 
The issue of fishing licences referred to in Article 4 shall 
be conditional on Japan's planning an annual scientific 
and technical cooperation programme to benefit Portu­
gal's coastal population, which is greatly dependent on 
fishery activities. Particular attention shall be paid in the 
programme to training requirements, the improvement of 
research capacity and the need for economic and social 
development of the Portuguese coastal regions. The 
programme shall be submitted to the Commission before 
28 February 4990• 
Article 6 
!. An application for licences shall be submitted by the 
Japanese authorities no later than 15 working days before 
the desired date of commencement of validity. The 
Commission shall issue the licences to the Japanese 
authorities and shall notify the competent supervisory 
authorities thereof. 
2. The issue of licences to Japanese vessels shall be 
subject to an undertaking by the owner of the vessel to 
permit an observer to come on board at the Commission's 
request. 
3. Unused licences may be cancelled with a view to the 
issuing of new licences. Cancellation shall take effect on 
the date the new licence is issued by the Commission. Article 7 
The following information shall accompany applications 
for licences submitted to the Commission : 
(a) name of the vessel ; 
(b) registration number; 
(c) external identification letters and numbers ; 
(d) port of registration ; 
(e) name and address of the owner or charterer; 
(f) gross tonnage and overall length ; 
(g) engine power; 
(h) call sign and radio frequency; 
(i) proposed fishing zone ; 
(j) period for which a licence is requested. 
Article 8 
1. The Portuguese authorities shall take appropriate 
measures, including the inspection of vessels, to ensure 
that the obligations under this Regulation are observed. 
2. Where an infringement is duly ascertained, the 
Portuguese authorities shall forthwith, but at the latest 
within 30 days of the date on which the infringement was 
established, inform the Commission of the name of the 
vessel concerned and any action they may have taken. 
Article 9 
1. A vessel which has failed to comply with the obliga­
tions laid down in this Regulation shall have its licence 
withdrawn ; such licence shall not be replaced. 
2. If a vessel fishing without a valid licence in the 
waters referred to in Article 1 is owned or managed by a 
natural or legal person owning or managing one or more 
other vessels to which licences have been issued one of 
those licences may be withdrawn. 
Article 10 
If, for a period of one month, the Commission receives 
no communication as laid down in Article 4 (2) for a 
vessel in possession of a licence referred to in that Article, 
the licence of that vessel shall be withdrawn. 
Article 11 
This Regulation shall enter into force on the day 
following its publication in the Official Journal of the 
European Communities. 
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Official Journal of the European Communities 
This Regulation shall be binding in its entirety and directly applicable in all Member 
States. ' 
Done at Brussels, 
For the Council 
The President 
5 
Official Journal of the European Communities 
ANNEX I 
ZONES REFERRED TO IN ARTICLE 1 WHERE FISHING IS PROHIBITED 
1. The 20û-milc zone of the Azores. 
2. Within the 200-mile zone of mainland Portugal. 
3. The zone within a line : 
— starting at 34°55'N, 13°40'W, 
— continuing north to 35°10'N, 13°40'W, 
— whence east following the 35° 10' N parallel to its intersection with the line marking the limits of the 
exclusive economic zone, hereinafter referred to as 'EEZ', 
— following the EEZ demarcation line to its intersection with the 34° 55' N parallel, 
— whence west along the 34° 55' N parallel to the point of departure. 
4. The zone within a line : 
— starting at 34°35'N, I4°25'W, 
— whence west to 34° 35' N. 14*45'W, 
— whence north to 34°50'N, 14°45'W, 
— whence east to 34°50'N. 14°25'W, 
— whence south to point of departure. 
5. The zone within a line : 
— starting at 33°40'N, 14°05'W. 
— whence to 33°40'N, 14°35'W, 
— whence north-west to 34° 00' N. 14°50'W, 
— whence east to 34°00'N, 14°20'W, 
— whence south-east to the point of departure. 
6. The zone within J line : 
— starting at 35°00'N, 15°05'W, 
— whence west to 35°00'N, 16°00'W, 
— whence north to 35°35'N, I6°00'W, 
— whence east to 35°35'N, 15°05'W, 
— whence south to the point of departure. 
Officiai Journal of the European Communities 
ANNEX J I 
SPECIAL CONDITIONS 
1. The fishing licence must be held on board the vessel. 
2. The registration letters and numbers of a vessel in possession of a licence must be clearly marked on 
both sides of the superstructure at the most visible point. The letters and numbers must be painted in a 
colour that contrasts with the colour of the hull or superstructure and must not be effected, altered, 
covered or concealed in any other way. 
3. A log-book must be kept in which are recorded, after each fishing operation : 
3.1. catch by species (in kilograms — live weight); 
3.2. the date and the time at which the fishing operating started and the time at which it finished; 
3 J. the ICES and CECAF statistical grid where the catch was taken ; 
3.4. the fishing method used ; 
3.5. any radio message emitted in accordance with points 4, 5 and 6. 
4. Communications transmitted in accordance with the conditions of the licence should give die following 
information : 
(a) name of vessel ; 
(b) radio call sign ; 
(c) licence number; >~ 
(d) chronological number of the transmission for the trip in question ; 
(e) indication of which of the types of transmission, as set out in paragraph 5, is involved ; 
(0 date; 
(g) time ; 
(h) geographical position ; 
(i) for vessels in possession of a licence, the activity of the vessel during the period (under way, fishing, 
at anchor, in harbour, unloading, under repair, others); 
(j) quantity of each species caught during the fishing operation (in kilograms — live weight) ; 
(k) quantity of each species caught since the previous transmission of information (in kilograms — live 
weight) ; 
(1) the geographical coordinates of the position where the catches were made ; 
(m) quantities of catches, by species, transferred to other vessels (in kilograms — live weight) since the 
previous information ; 
(n) the name, call sign and, where applicable, licence number of the vessel to which the catch was 
transferred ; 
(o) the master's name. 
5. The information referred to in paragraph 4 must be communicated by vessels in possession of a licence 
to the Commission of the European Communities in Brussels (address : telex 24 189 FISEU-B) via a 
Lisbon radio station (call sign CUL) or Madeira radio station (call sign CUB) at the following times : 
(a) for information referred to in (a) to (h) : 
— when announcing departure, which announcement must be made at least 48 hours before the 
planned departure of the vessel from the exclusive economic zone lying off the Portuguese coast, 
hereinafter referred to as 'EEZ' ; 
(b) for information referred to in (a) to (o) : 
— on each entry into the EEZ, 
— whenever leaving the EEZ, 
— whenever entering a port of a Member State, 
— whenever leaving a port of a Member State, 
— every week in respect of the previous week from the date of entry into the EEZ or from the date 
of leaving a port of a Member State. 
7 
Official Journal of the European Communities 
fhe following code shall be used in reporting species caught in accordance with point 4 
Code Scientific name 
BFT Thunnus thynnus thynnus 
YFT Thunnus albacares 
ALB Thunnus alalunga 
BET Thunnus obesus 
SKJ Kutsuwonus pelamis 
SWO Xiphias gladius 
BIL Istiophoridae 
OTH Other 
FICHE D'WACT SUR LA COMPETITIVITE ET L'EMPLOI 
L'objet de cette mesure est d'établir le régime de conservation et de gestion 
des ressources de pêche applicable aux navires des pays tiers dans les eaux 
sous souveraineté ou sous juridiction du Portugal. 
L'obligation pour le Japon de fournir une coopération scientifigue, technigue 
et économique en faveur des populations fortement dépendantes de la pèche au 
Portugal, contribue au développement du secteur portugais de la pêche. 

ISSN 0254-1475 
COM(90) 52 final 
DOCUMENTS 
EN 04 
Catalogue number : CB-CO-90-068-EN-C 
ISBN 92-77-57432-1 
Office for Official Publications of the European Communities 
1^2985 Luxembourg