COMMISSION OF THE EUROPEAN COMMUNITIES 
COM(91) 495 final 
Brussels, 4 December 1991 
Proposal for a 
COUNCIL REGULATION (EEC) 
fixing for 1992, certain measures for the conservation and management 
of fishery resources, applicable to vessels flying the flag of a 
Member State, other than Spain and Portugal, in waters falling 
under the sovereignty or within the jurisdiction of Portugal 
Proposal for a 
COUNCIL REGULATION (EEC) 
fixing for 1992, certain measures for the conservation and management 
of fishery resources, applicable to vessels flying the flag of a 
Member State, other than Spain and Portugal, in waters falling 
under the sovereignty or within the jurisdiction of Spain 
Proposal for a 
COUNCIL REGULATION (EEC) 
fixing for 1992, certain measures for the conservation and management 
of fishery resources, applicable to vessels flying the flag of 
Portugal in waters falling under the sovereignty or within the 
jurisdiction of Member States, apart from Spain and Portugal 
(presented by the Commission) 
- L-
EXPLANATORY MEMORANDUM 
The accession arrangements provide that vessels of Member States, with the 
exception of Spain and Portugal, shall be allocated fishing possibilities 
in waters falling under the sovereignty or within the jurisdiction of 
Portugal, for a certain period and under certain conditions; it has also 
been provided that the number of vessels authorized to fish in these waters 
should be fixed annually, and that rules governing their access thereto 
should be laid down. 
The purpose of this proposal for a Regulation, in accordance with 
Article 351 of the Act of Accession of Spain and Portugal, is to establish, 
for 1992, the quantities of fish which may be taken by vessels of Member 
States, with the exception of Spain and Portugal, in waters falling under 
the sovereignty or within the jurisdiction of Portugal, the numbers of such 
vessels, the type of fishing gear to be used and the period of fishing 
authorization for each species. 
This proposal replaces Council Regulation (EEC) No 3936/90 of 
20 .12. 1990 t1). 
/i> n..T. NO. L 378 of 31.12.1990, p. 85 
Proposal for a 7 
COUNCIL REGULATION (EEC) No / 
of 
fixing, for 1992, certain measures for the conservation and management of 
fishery resources, applicable to vessels flying the flag of a Member State, 
other than Spain and Portugal, in waters falling under the 
sovereignty or within the jurisdiction of Portugal 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European Economic Community, 
Having regard to the Act of Accession of Spain and Portugal, and in 
particular Article 351 thereof, 
Having regard to the proposal from the Commission, 
Whereas, pursuant to Article 351 of the Act of Accession, it is for the 
Council to fix the fishing possibilities and the corresponding number of 
Community vessels which may fish in the waters referred to in that Article; 
Whereas these possibilities are determined, with respect to pelagic species 
not subject to the system of total allowable catches (TAC) and quotas, 
other than highly migratory species, on the basis of the situation of the 
fishing activities of the Member States apart from Spain, in Portuguese 
waters for the period prior to accession; whereas there is a need to ensure 
stock conservation, taking account moreover of the limits placed on fishing 
by Portuguese vessels for similar species in waters of the Member States, 
apart from Spain; 
Whereas, for 1992, no fishing possibilities for species not subject to TACs 
and quotas are granted to Portugal in the waters of the Member States apart 
from Spain; 
Whereas the specific conditions governing the fishing activities of vessels 
exploiting stocks of highly migratory species, for which catch 
possibilities are granted, should be laid down, whereas the limits 
concerning the zones and the periods of fishing of these vessels are laid 
down by Article 351(2), (3) and (4) of the Act of Accession; 
-h 
Whereas the fishing activities covered by this Regulation are subject to 
the control measures provided for by Council Regulation (EEC) 
No 2241/87 (*), as amended by Regulation (EEC) No 3483/88 (2) as well as 
to the specific detailed rules drawn up in accordance with the second 
subparagraph of Article 351(5) of the Act of Accession, 
HAS ADOPTED THIS REGULATION : 
Article 1 
The number of vessels flying the flag of a Member State other than Spain 
and Portugal, authorized to fish in waters falling under the sovereignty 
or within the jurisdiction of Portugal, as provided for in Article 351 of 
the Act of Accession and the procedures for access, shall be as set out in 
the Annex. 
Article 2 
This regulation shall enter into force on 1 January 1992. 
It shall be applicable until 31 December 1992. 
This Regulation shall be binding in its entirety and directly applicable 
in all Member States. 
Done at Brussels, 
For the Council, 
The President, 
EEC - PORTUGAL ANNEX 
Species 
Albacore tuna 
(Thunnus alalunga) 
Tropical tuna 
Other tunas Quantity 
(tonnes) 
Unlimited 
Unlimited 
Unlimited Zones 
(1) 
X and CECAF 
X (to the south of 
36°30'N) 
CECAF (to the south of 
31°N and to the north 
of 31°N to the west of 
17°30'W) 
IX Authorized 
fishing gear 
Troll line 
All except 
gill-nets 
All except 
gill-nets Total number of 
vessels (3) 
110 (France) 
(2) 
Unlimited 
Unlimited Period of 
fishing 
authorization 
Between 2/6 
and 28/7 
Year round 
Year round 
VA 
(1) Waters falling under the sovereignty and within the jurisdiction of Portugal. 
(2) Not exceeding 26 m in length between perpendiculars. 
(3) Authorized to carry out fishing activities simultaneously. 
1--
EXPLANATORY MEMORANDUM 
The accession arrangements provide that vessels of the Member States, with 
the exception of Spain and Portugal, shall be allocated fishing 
possibilities in Atlantic waters falling under the sovereignty or within the 
jurisdiction of the Kingdom of Spain and covered by the ICES, for a certain 
period and under certain conditions, that the number of vessels authorized 
to fish in these waters should be fixed annually and that the rules 
governing access thereto should be laid down. 
The purpose of this proposal for a Regulation is to establish, for 1992, the 
quantities of fish which may be taken by vessels of the Member States, with 
the exception of Spain and Portugal, in waters falling under the sovereignty 
or within the jurisdiction of the Kingdom of Spain and covered by the ICES, 
the number of such vessels, the type of fishing gear to be used and the 
period of fishing authorization for each species. 
This proposal replaces Council Regulation (EEC) N 3937/90 of 20 December 
1990 f1) and completes the technical measures established by Council 
Regulation (EEC) No. 3716/85 <2). 
- -"*»•» _ .c -> t io icon „ 
Proposal for a ~ -j~ — 
Council Regulation (EEC) N 
of 
establishing, for 1992, certain measures for the conservation and 
management of fishery resources, applicable to vessels flying the flag of 
a Member State, other than Spain and Portugal, in waters falling under the 
sovereignty or within the jurisdiction of Spain 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European Economic Community, 
Having regard to the Act of Accession of Spain and Portugal, and in 
particular Article 164 thereof, 
Having regard to the proposal from the Commission, 
Whereas, pursuant to Article 164 of the Act of Accession, it is for the 
Council to fix the fishing possibilities and the corresponding number of 
Community vessels which may fish in Atlantic waters falling under the 
sovereignty or within the jurisdiction of Spain and covered by the 
International Council for the Exploration of the Sea (ICES); 
Whereas these possibilities are determined, with respect to species 
subject to the system of total allowable catches (TACs) and quotas, on the 
basis of the fishing possibilities allocated and, with respect to species 
not subject to the TAC and quota system, according to the relative 
stability of stocks and the need to ensure their conservation; 
Whereas specialized fishing activities shall be carried out with the same 
quantitative limits as those specified for Spanish vessels authorized to 
carry out their fishing activities in the waters of Member States apart 
from Portugal; 
Whereas the specific conditions governing the fishing activities of such 
vessels should be laid down, 
Whereas the fishing activities covered by this Regulation are subject to 
the control measures provided for by Council Regulation (EEC) 
N 2241/87 t1), as amended by Regulation (EEC) N 3483/88 (2), as well as 
to the specific procedures drawn up in accordance with Article 164(4) of 
the Act of Accession, 
HAS ADOPTED THIS REGULATION : 
Article 1 
The number of vessels flying the flag of a Member State of the Community, 
other than Spain and Portugal, authorized to fish in waters falling under 
the sovereignty or within the jurisdiction of Spain as provided for in 
Article 164 of the Act of Accession and the procedures governing access, 
shall be as set out in the Annex. 
Article 2 
This Regulation shall enter into force on 1 January 1992. 
It shall be applicable until 31 December 1992. 
This regulation shall be binding in its entirety and directly applicable 
in all Member States. 
Done at Brussels, 
For the Council, 
The President 
(1) JO N° L 207, 29.7.1987, p. 1. 
(2) OJ N° L 306, 11.11.1988, p. 2. 
ANNEX 
EEC - SPAIN 
I. General fishing 
Species 
Hake 
(Merluccius 
merluccius) 
Monkfish 
(Lophius piscatorius) 
(Lophius boudegassa) 
Megrim 
(Lepidorhombus whiffiagonis) 
(Lepidorhombus boscii) 
Norway lobster 
(Nephrops norvegicus) 
Pollack 
(Pollachius pollachius) ICES zone 
(1) 
VIII, IX 
VIII, IX 
VIII, IX 
VIII, 
IX 
VIII, 
IX Authorized fishing gear 
Long-lines, trawls 
(vessels over 100 grt) 
Trawl 
Trawl 
Trawl 
Trawl Total number of vessels 
Basic list 
) 10 
) (France) Periodic list 
) 5 (2) 
) (France) Period 
of fishing 
authorization 
year-round 
year-round 
year-round 
year-round 
year-round I 
(1) Waters falling under the sovereignty and within the jurisdiction of the Kingdom of Spain. 
(2) Total number of standard vessels per Member State; standard vessel means a vessel having a brake horsepower equal to 700 
horsepower (BHP). The conversion rates for vessels having a different engine power are the same as those defined in 
Article 158(2) of the Act of Accession. 
(CEE — ESPAGNE) suite 
II. Specialized fishing 
Species 
All 
Anchovy 
(Engraulis encrasicholus) 
as main catch 
Anchovy 
(Engraulis encrasicholus) 
as live bait 
Sardine 
(Sardina pilchardus) ICES zone 
(1) 
VIII,IX 
VIII 
VIII 
VIII Authorized fishing gear 
Long-lines 
(vessels under 100 grt) 
Rods 
(vessels under 50 grt) 
Seine 
Seine 
Seine 
(vessels under 100 grt) Total number of vessels 
Basic list 
25 
71 
(France) Periodic list 
10 
64 
40 (France) 
20 (France) 
40 (France) Period 
of fishing 
authorization 
year-round 
year-round 
between 1/3 
and 30/6 
between 1/7 
and 31/10 
between 1/1 
and 29/2 and 
between 1/7 
and 31/12 
Species 
Thunnidae Quantity 
(tonnes) 
unlimited ICES 
zone (1) 
VIII, IX Authorized 
fishing 
vessels 
All except 
gillnets Total number 
of vessels 
unlimited Period 
of fishing 
authorization 
year-round 
(1) Waters falling under the sovereignty and within the jurisdiction of the Kingdom of Spain. 
EXPLANATORY MEMORANDUM 
The accession arrangements provide that Portuguese vessels shall be 
allocated fishing possibilities in the waters of certain ICES divisions 
falling under the sovereignty or within the jurisdiction of the Member 
States, with the exception of Spain and Portugal, for a certain period and 
under certain conditions, and that Portugal shall be granted certain 
fishing possibilities limited to catches of blue whiting and horse 
mackerel; it has also been provided that the number of Portuguese vessels 
authorized to fish in these waters should be fixed annually and that rules 
governing their access thereto should be laid down. 
The purpose of this proposal for a Regulation, in accordance with 
Article 349 of the Act of Accession of Spain and Portugal, is to establish, 
for 1992, the quantities of fish which may be taken by Portuguese vessels 
in waters falling under the sovereignty or within the jurisdiction of the 
Member States, with the exception of Spain and Portugal, the numbers of 
such vessels, the type of fishing gear to be used and the period of fishing 
authorization for each species. 
This proposal replaces Council Regulation (EEC) N 3938/90 of 
20.12.1990 (!). 
(1) O.J. No L 378 of 31.12.1990, p. 89. 
Proposal for a *L ~~ 
COUNCIL REGULATION (EEC) N 
of 
fixing, for 1992, certain mesures for the conservation and management 
of fishery resources, applicable to vessels flying the flag of Portugal 
in waters falling under the sovereignty or within the jurisdiction of 
Member States, apart from Spain and Portugal 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European Economic 
Community, 
Having regard to the Act of Accession of Spain and Portugal, and in 
particular Article 349 thereof, 
Having regard to the proposal from the Commission, 
Whereas, pursuant to Article 349 of the Act of Accession, it is for the 
Council to decide on the fishing possibilities and the corresponding 
number of Portuguese vessels authorizes to fish in the waters referred 
to in paragraph 1 of that Article; 
Whereas, pursuant to Article 349 (2), fishing possibilities for catches 
of blue whiting and horse mackerel are granted to Portuguese vessels; 
whereas the number of these vessels and the procedures for their access 
and control should be fixed annually; 
Whereas fishing possibilities for species not subject to the system of 
total allowable catches and the corresponding number of vessels should 
be determined on the basis of the situation of Portuguese fishing 
activities in the waters of the Member States apart from Spain for the 
period prior to accession; whereas there is a need to ensure the 
conservation of stocks taking into account the limits imposed on 
fishing for similar species in Portuguese waters by vessels of a 
Memeber State other than Spain; 
-43-
Whereas the specific conditions governing the fishing activities 
referred to in Article 349 of the Act of Accession should be laid down; 
Whereas the fishing activities covered by this Regulation are subject 
to the control measures provided for by Regulation (EEC) 
N 2241/87 (!), as amended by Regulation (EEC) N° 3483/88 (2), as well 
as to the specific detailed rules drawn up in accordance with the 
second subparagraph of Article 349 (5) of the Act of Accession, 
HAS ADOPTED THIS REGULATION : 
Article 1 
The number of vessels flying the flag of Portugal authorized to fish in 
waters falling under the sovereignty or within the jurisdiction of 
another Member States, other than Spain and Portugal, as provided for 
in Article 349 of the Act of Accession, the procedures for access and 
the catch possibilities for certain species shall be as set out in the 
Annex. 
Article 2 
This Regulation shall enter into force on 1 January 1992. 
It shall be applicable until 31 December 1992. 
This regulation shall be binding in its entirety and directly 
applicable in all Member States. 
Done at Brussels, 
For the Council, 
The President 
(1) OJ N° L 207, 29.07.1987, p. 1. 
(2) OJ N° L 306, 11.11.1988, p. 2. 
PORTUGAL - EEC ANNEX 
Species 
Blue whiting 
(Micromesistius 
poutassou) 
Horse mackerel 
Trachurus trachurus 
Thunnidae Quantity 
(t) 
3 000 
3 000 
unlimited ICES 
zone 
Vb, VI,VII, 
Villa,b,d 
(1) (2) 
Vb, VI, VII 
Villa,b,d 
(1) (2) 
Vb, VI, VII 
Villa,b,d 
(1) (2) Authorized 
fishing gear 
Pelagic 
trawl 
Pelagic 
trawl 
All except 
gill-nets Total number of 
vessels 
5 (3) 
2 (4) 
6 (3) 
4 (4) 
unlimited Period of 
fishing 
authorization 
Year round 
Year round 
Year round 
Except for the zone to the south of latitude 56°30' North, to the east of longitude 12° West and to the north of latitude 
50°30' North. 
Waters falling under the sovereignty and within the jurisdiction of Member States of the Community other than Spain and 
Portugal. 
Total number (basic list) of standard Portuguese vessels; standard vessel means a vessel having a brake horsepower equal to 
700 horsepower (BHP). The conversion rates for vessels having a different engine power are the same as those defined in 
Article 158(2) of the Act of Accession. 
Total number of Portuguese vessels authorized to carry out fishing activities simultaneously (periodic list). 
TAC/PORT-CEE/RGLT/en/mr 
ISSN 0254-1475 
COM(91) 495 final 
DOCUMENTS 
EN 03 
Catalogue number : CB-CO-91-568-EN-C 
ISBN 92-77-78521-7 
Office for Official Publications of the European Communities 
L-2985 Luxembourg