PROPOSAL FOR A COUNCIL REGULATION ( EEC ) FIXING, FOR 1990, 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
Date: 1989-11-28
Institutions: European Commission
Subjects: catch of fish, catch quota, conservation of fish stocks, fishery management, fishing licence

COMMISSION  OF  THE  EUROPEAN  COMMUNITIES 

C0M(89)  588 

f i n al 

B r u s s e l s,  28  November  1989 

Proposal  f or  a 

COUNCIL  REGULATION  (EEC) 

f i x i n g, 

f or  1990,  c e r t a in  measures  f or 

the  c o n s e r v a t i on  and  management 

of 

f i s h e ry 

r e s o u r c e s,  a p p l i c a b le 

to  vessels  f l y i ng 

the  f l ag  of  a 

Member  S t a t e,  o t h er 

than  Spain  and  P o r t u g a l,  in  waters 

f a l l i ng 

under 

the  s o v e r e i g n ty  or  w i t h in 

t he  j u r i s d i c t i on  of  P o r t u g al 

Proposal  f or  a 

COUNCIL  REGULATION  (EEC) 

f i x i n g, 

f or  1990,  c e r t a in  measures  f or 

t he  c o n s e r v a t i on  and  management 

of 

f i s h e ry 

r e s o u r c e s,  a p p l i c a b le 

to  vessels  f l y i ng 

the  f l ag  of  a 

Member  S t a t e,  o t h er 

than  Spain  and  P o r t u g a l,  in  waters 

f a l l i ng 

under 

the  s o v e r e i g n ty  or  w i t h in 

t he  j u r i s d i c t i on  of  Spain 

Proposal  f or  a 

COUNCIL  REGULATION  (EEC) 

f i x i n g, 

f or  1990,  c e r t a in  measures  f or 

t he  c o n s e r v a t i on  and  management 

of 

f i s h e ry 

r e s o u r c e s,  a p p l i c a b le 

to  vessels  f l y i ng 

the  f l ag  of 

P o r t u g al 

in  waters  f a l l i ng  under 

t he  s o v e r e i g n ty  or  w i t h in 

the  j u r i s d i c t i on  of  a  Member  S t a t e,  a p a rt 

from  Spain 

and  P o r t u g al 

(presented  by  the  Commission) 

EXPLANATORY MEMORANDUM 

Ctrrrtf 

The pu -pose of this proposal for a Regulation, in accordance with Article 351 
of the Act of Accession of Spain and Portugal, is to establish, for 1989, the 
quanti :ies 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 
fishir; j gear  to be  used  and  the period  of  fishing authorization  for each 
specie s. 

The a( cession 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 t le number of vessels authorized to fish in these waters shoold be fixed 
annual Ly, and that rules governing their access thereto should be laid down. 

This  i roposal, replaces and modifies Council Regulation  (EEC) N° 3947/88 of 
11  December  1988,  and  incorporates  certain  clarifications.  It  should  be 
adopte 1 before the date on which the latter expires (31 December L989). 

C O U N C IL  R E G U L A T I ON  (EEC)  Nc 

of 

/89. 

1 9 8y 

! i \ m g,  tor  19  ''-'  certain  measures  for  the  conservation  ami  management  of  fishery  resources, 
applicable  to  vessels  flying  the  flag  of  a  M e m b er  State,  other  than  Spain  and  Portugal,  in  waters 
falling  under  the  sovereignty  or  within  the  jurisdiction  of  Portugal 

THE  COUNCIL  Ol  THE  EUROPEAN  COMMUNITIES. 

Having  regard 
Economic  Comrmimrv, 

'<•  rhe  Treaty  establishing  rhc  European 

species,  for  which  catch  possibilities  arc  granted,  should  be 
laid  d o w n,  whereas  the  limits  concerning  rhe  zones  and 
the  periods  of  fishing  of  these  vessels  are  laid  down  by 
Article  3^1  (2),  (3)  and  (4)  of  the  Act  of  Accession; 

Having  regard  in  ihe  Act  of  Accession  ol  Spam  ami  Portugal, 
and  in  particular  Article  .351  thereof. 

.1 v i ne  i T.-1' 

I M ( i|>i >•..! I  f r om  llic  (  inniiii'.sti in 

Whereas  ilie-  lishing  activities  covered  tu  (his  Regulation  are 
subject  to  the  control  measures  provided  for  by  Regulation 
(EEC)  N ..  2 2 4 1 / 8 7 ( ' ).  as  well  as  to  the  specific  detailed 
rules  <!i  i  A n  up  m  accordance  with  the  ,e<_(imI  sulip.iraKt.iph 
ol  Anicli 

f S|  (5)  of  the  Act  of  Accession, 

the  C o u i c il 

Whereas,  put  suant  to  Article  35 1  of  the  Act  ol  Accession,  it is 
for 
the 
c o r r e s p o n ds  5 nurr.ber  of  C o m m u n i ty  vessels  which  may  fish 
in  the  water-  referred  to  in  that  Article; 

the  fishing  possibilities  and 

to  fix 

Whereas  the  e  possibilities  are  determined,  with  respect  to 
pelagic  speci  s  not  subject  to  the  system  of  total  allowable 
catches  (TA  Zs)  and  q u o t a s,  other  than  highly  migratory 
species, on  tl  e basis  of  the  situation  of  chc fishing  activities  of 
the  M e m b er  Stares  apart  from  Spain,  in  Portuguese  waters 
for  the  peric  i  prior  to  accession;  whereas  there  is  a  need  to 
ensure  stock  conservation,  taking  account  moreover  of  the 
limits  placet  on  fishing  by  Portuguese  vessels  for  similar 
species  in  w  tcrs  of  the  Member  States,  apart  from  Spain; 

Whereas,  U  1^90,  no  lishing  possibilities  for  species  not 
subject  to  T  \C.s  a;id  quotas  arc  granted  to  Portugal  in  the 
waters  of  th  Member  States  apart  from  Spain; 

Whereas 
fishing 
activities  of  vessels  exploiting  stocks  of  highly  migratory 

th  :  specific  conditions  governing 

the 

HAS  ADOrTF.D  THIS  REGULATION: 

Article  1 

T he  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  rhe  jurisdiction  of 
Portugal,  as  provided 
in  Article  351  of  rhe  Act  of 
Accession  and  the  procedures  for  access,  shall  be  as  set  out  in 
the  Annex. 

for 

Article  2 

This  Regulation  shall  enter  into  force  on  1 January  19 

90. 

It  shall  be  applicable  until  31  December 

' 9 9 0. 

ins  Regulation  shall  he  binding  m  its  entirety  and  du«.. dy  applicable 

in  all  Member 

. i t f S. 

Done  at  Brussels, 

For  the  Council 

The  President 

(•)  OJ  N ..  Î  ?«i7.  29  7.  1 9 8 7,  p.  1. 

EEC  -  PORTUGAL 

ANNEX 

opecx-iS 

1 

Quantity 
(tonnes) 

Zones 
(1) 

Authorized 
fishing gear 

Tot_a± auiujer ox 
vessels (3) 

Period of 
fishing 

author i zation 

Albacore tuna 
(Thunnus alalunga) 

Unlimited 

X and CECAF 

Troll line 

110 (France) 
(2) 

Between 2/6 
and 28/7 

Tropical tuna 

Unlimited 

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) 

Other tunas 

Unlimited 

DC 

All except 
fillnets 

All except 
fillnets 

Unlimited 

year-round 

Unlimited 

year-round 

(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. 

Business and employment inpar-t statpmpnt 

This  proposal  is  intended  to  regulate  fishing  activities  in  Portuguese 
.vaters in the interests of conserving marine resources.  The proposal does 
not have any particular effects on small and medium-sized enterprises and 
the aim of conservation is in the long-term  interest of SMEs and business 
in general. 

S 

EXPLANATORY MEMORANDUM 

The purjose of this proposai tor a Regulation, in accordance with Article 164 
of the ten ot Accession of Spam and Portugal, is to establish, tor 1989, 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 with in the jurisdiction of the Kingdom of Spam and covered by the ICES, 
the nur iber of  such  vessels, the type of  fishing gear  to  be  used  and  the 
period  ot  fishing authorization for each species. 

The accession arrangements provide that  vessels ot the Member  States, with 
the exception of Spam and Portugal, shall be allocated fishing possibilities 
in Atlantic waters failing under the sovereignty or within the jurisdiction 
of the Kingdom of Spam  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. 

This proposal, replaces and modifies Council Regulation  (EEC) N° 3948/88 of 
11  December  1988, and  incorporates  certain  clarifications.  It  should  be 
adopted before the date on which tne latter expires (31 December 1989). 

COUNCIL  REGULATION  (EEC)  No 

/89, 

of 

198 9 

fixing,  for  19ÇQ, 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  Ailnnric  waters  Lillinj', under  thr  sovereignty  or  within  the 
luii.sdiction  ol  Sp.iin  and  covered  by  the 
lnternation.il 
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; 

the  specific  conditions  governing 
Whereas 
activities  of  such  vessels  should  be  laid  down; 

the 

fishing 

Whereas  the  fishing  activities  covered  by this  Regulation  are 
subject  to  the  control  measures  provided  for  by  Council 
Regulation  (EEC) No 2241/87 of 23 July  1987,  establishing 
certain  control  measures  for  fishing  activities  (').  as  well  as 
to  the  specific  procedures  drawn  up  in  accordance  with 
Article  164  (4)  of  the  Act  of  Accession, 

HAS ADOPTED  THIS  REGULATION: 

Artulr 

I 

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 
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. 

Whereas specialized  fishing activités 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; 

This  Regulation  shall  enter  into  force  on  1 January  19 

90. 

It  shall  be  applicable  until  31  December  1 5 9 0. 

Article  2 

This  Regulation  shall  be  binding  in  its  entirety  and  directly  applicable  in  all  Member 
States. 

Done  at  Brussels, 

For  the  Council 

The  President 

(')  OJ  No  L 207.  29. 7.  1987, p.  1. 

} 

'k 

.• 

••• 

<•.»•> 

<..>•-•.!;'•• 

-• 

EEC - SPAIN 
T. General fishing 

AMŒX 

Species 

Hake 
(Merluccius 
merluccius) 

ICES zone 
(1) 

VIII, IX 

Authorized fishing gear 

Total number of vessels 

Basic list 

Periodic list 

Long-lines, trawls 
(vessels over 100 grt) 

Period 
of fishing 
authorization 

1 

year-round 

Monkfish 
(Lophius piscatorius) 
(Lophius boudegassa) 

Megrim 
(Lepidorhombus whiffiagonis) 
(Lepidorhombus boscii) 

VIII, IX 

Trawl 

year-round 

VIII, IX 

Trawl 

)  10 
) (France) 

) 
)  (France) 

5  (2) 

year-round 

Norway lobster 
(Nephrops norvegicus) 

Pollack 
(Pollachius pollachius) 

VIII, 
DC 

VIII, 
rx 

Trawl 

Trawl 

year-round 

year-round 

(1) Waters falling under the sovereignty and within the jurisdiction of the Kingdom of Spam. 
(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. 

06 

_  ">  — 

II. Specialized fishing 

(CEE —  ESPAGNE) saice 

Species 

All 

ICES zone 
(1) 

VIII, IX 

Autnorized fishing gear 

Long-lines 
(vessels under 100 grt) 

Reds 
(vessels under 50 grt) 

Anchovy 
(Engraulis encrasicholus) 
as main catch 

Anchovy 
(Engraulis encrasicholus) 
as live bait 

VIII 

Seine 

VIII 

Seine 

Total number of vessels 

Basic list: 

Periodic list 

25 

10 

Period 

I 
of t'l-Shing  j 

authorization 

year-round 

i 

64 

year-round 

40 (France) 

between 1/3 
and 30/6 

20 (France) 

between 1/7 
and 31/10 

Sardine 
(Sardina pilchardus) 

VIII 

Seme 
(vessels under 100 grt) 

71 
(France) 

40 (France) 

bet. ween 1/1 
and 29/2 ani 
between 1/7 
and 31/12 

. 

Species 

Thunnidae 

Quantity 
(tonnes) 

ICES 
zone (1) 

unlimited 

VIII, IX 

Atithorized 
fishing 
vessels 

Total number 
of vessels 

Period 
of fisnmg 
authorization 

All except  j 
fillnets  ; 
i 

unlimited 

year-round 

! 

(1) Waters falling under trie sovereignty and within the jurisdiction of the Kingdom of Spam. 

L5 

Business and employment impact statement 

This proposal is intended to regulate fishing activities  in Spanish waters 
in the interests  of  conserving  marine  resources.  The  proposal  does not 
have any particular  effects on small and medium-sized  enterprises and the 
aim of conservation is in the long-term  interest of SMEs and business in 
general. 

-fo 

EXPLAMA,?C>R':' .^-.MOKANDLg-l 

Trie TXir.;X)s^ of this proposal  cor a Reg ;.;!-;-:.". ,•  i.< accordance witn Article  sV-j 
of tne Act of Accession of Spain and Portugal,  is to establish,  /.or 1989, tne 
quantities of fish which may be taiœn by Portuguese vessels m  liters falling 
under the sovereignty  or  within  the  juridiction  of  the Member  States,  with 
the exception or S p am  and Portugal, the numbers of such vessels, the  t/pe  of 
fishing  gear  to  be  used  and  the  period  of  fishing  authorization  for  each 
s pec le.s. 

The --K-cession 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  Meinour  States,  witn  the 
exception  of  S p am  and  Portugal,  tor  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  bien 
provided  that  the  number  of  Portuguese  vessels  authorized  to  fish  in  these 
water.v- should be fixed annually and tnat rules governing their access thereto 
should be  Laid down. 

This  proposal,  replaces  and  modifies  Council  Regulation  (EEC) M°  3949/88 of 
11  December  1988,  and  incorporates  certain  clarifications.  It  should  be 
adopte! before the date on which the latter expires  (31 December  1989). 

s,* 

COUNCIL  REGULATION (LLC 

/89 

of 

10? 9 

\ m g,  for*1*3*^0certaiu  measures  for  the  conservation  ami  management  of  fishery  resources 
pplicable  to  vessels  flying  the  flag  of  Portugal  in  waters  falling  under  the  sovereignty  or  •* iihin 
the  jurisdiction  <>l  a  Member  State,  apart  from  Spam  and  Portugal 

THE  COUNCL. 

'  TUli  KUROPIiAN  COMMl•NITlfcS. 

Having  r e g a ri 
Economic  Coti::-  :m:\  , 

:•. •  rhe  Treaty  establishing 

iiie  European 

Having  regard  i 
and  in  particular  Article  349  thereof. 

: :-.e Act  of  Accession  of  Spain  and  Portugal, 

Having  regard  : 

-he  proposal  from  the  Commission, 

Whereas,  purs:;.. 
for 
the  Com».: 
corresponding  :: 
the  w.i: 
in 
fish 
Article; 

to  Article  349  of  the  Act  of  Accession,  it is 
•o  !i\ 
the 
the  fishing  possibilities  and 
mber  of  Portuguese  vessels  authorized  to 
that 
:s  reierred 

in  paragraph 

I  of 

to 

Whereas,  pursua-T  to  Article  349  ( 2 '\  fishing  possibilities  for 
-miing  .nul  horse  mackerel  .ire  granted  to 
catches  <if  Mur 
Portuguese  vesv 
.  whereas  the  number  of  these  vessels  and 
the  procedures  '  ••  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 
n u m b er  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 
- there  is a  need  to  ensure  the  conservation 
accession;  wher- 
of  stocks taking  ;::<> account  the limits  imposed  on  fishing  for 
similar  specie-  ...  Portuguese  waters  by  vessel*- of  a  M e m b er 
State  other  t h a- 

: \ n n; 

the  specific  conditions  governing 

Whereas 
fishing 
activities  referred  to  in  Article  349  of  the  Act  of  Accession 
should  be  laid  d o w n; 

the 

Whereas  -.he fishing  activities  covered  b\  this  Regulation  are 
subject  :•>  the  control  measures  provided  for  by  Regulation 
(EEC)  No  2 2 4 1 / 87  (»),  as  well  as  to  the  specific  detailed 
rules  d r a wn  up  in  accordance  with  the  second  subparagraph 
of  Article  349  (5)  of  the  Act  of  Accession, 

HAS  At)<  'ITED  THIS  REGULATION: 

Article  1 

T he  mii:il."-r  of  vessels  flying  the  flag  •>! Portugal  authorized 
to  fish  ii:  waters  falling  under  the  sovereignty  or  within  the 
jurisdict'-i*.  of  another  M e m b er  State,  other  than  Spam,  as 
provided 
tor  in  Article  3 49  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  Retaliation  shall  enter  into  force  mi  1  January  19  90 

It  shall  apply  until  31  December  19  9Q 

is  Regulation  shall  be  landing  in  its  entirety 

\nd 

tU  applicable 

in  all  M.-vn-cr 

I 'one  at  Brussels, 

For  the  Coun^. 

The  Preside  n: 

C!  oi  N 

:  :<)• 

1987.  p.  1. 

A1> 

Species 

Quantity 
(t) 

ICES 
zone 

Autnorized 
fishing gear 

Total number of 

vessels 

Period of 
fishing 

POIOTJGAL  -  EEC 

ANNEX 

Blue whiting 
(Micranesistius 
poutassou) 

3 000 

Horse mackerel 

3 000 

Trachurus trachurus 

Thunnidae 

unlimited 

Vb, VI,VII, 
Villa,b,d 
(1) (2) 

Vb, VI, VII 
Villa,b,d 
(1)  (2) 

Vb, VI, VII 
Villa,b,d 
(1)  (2) 

Pelagic 
trawl 

Pelagic 
trawl 

All except 
fillnets 

author.! z,-x r. ion  \ 

year-round 

year-round 

5 (3) 
2 (4) 

6 (3) 
4 (4) 

unlimited 

year-round 

(1) Except for the zone to the south of latitude 56°30' North, to the east of longitude 12° West and to the north of latituu»--

SO^O1 North. 

(2) Waters  failing  under  the  sovereignty  and  within  the  jurisdiction  of  Member  States  of  the Community  other  thai: -v.v 

Portugal. 

(3) Total number (basic list) of standard Portuguese vessels; standard vessel means a vessel having a brake horsepower «• ;  *!. 

. •< 

"> 

horsepower (BHP).  The conversion rates for vessels having a different engine power are the same as those defined  m 
Article 158(2) of the Act of Accession. 

(4) Total number of Portuguese vessels authorized to carry out fishing activities simultaneously (pecirxiic list). 

^ 

u 

Business and employment impact statement 

This proposal is intended to regulate fishing activities in the waters of 
the Member  States, apart  fran  Spain  and  Portugal,  in  the  interests  of 
conserving marine  resources.  The proposal does not have any particular 
effects on small and medium-sized enterprises and the aim of conservation 
is in the long-term interest of SMEs and business in general. 

A H 

ISSN 0254-1475 

COM (89) 588 final 

DOCUMENTS 

EN 

04 

Catalogue number : CB-CO-89-560-EN-C 

ISBN 92-77-55357-X 

Office for Officiai Publications of the European Communities 
L-2985 Luxembourg 

AS