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
Date: 1990-02-06
Institutions: European Commission
Subjects: Japan, Portugal, fishery management, territorial waters

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, 

Article  1 

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 

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; 

in the frame 

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. 

Whereas it is  in  the  Community's interest to ensure that 
this  system  continues  in  a  more  limited  fashion  for  the 

"4930  fishing  season ; 

2.  The catch of yellowfin  tuna (Thunnus albacares) of 
a  unitary  weight  of  less  than  3,2  kilograms  shall  be 
prohibited. 

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. 

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. 

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 

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. 

1.  The  Portuguese  authorities  shall  take  appropriate 
measures,  including  the  inspection  of  vessels,  to  ensure 
that the obligations  under this  Regulation  are observed. 

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  4 9 9 0• 

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. 

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. 

If  a  vessel  fishing  without  a  valid  licence  in  the 
2. 
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 

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. 

This  Regulation  shall  enter 
the  day 
following  its  publication  in  the  Official  Journal  of  the 
European  Communities. 

into  force  on 

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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 

BFT 
YFT 
ALB 
BET 
SKJ 
SWO 
BIL 
OTH 

Scientific  name 

Thunnus  thynnus  thynnus 
Thunnus  albacares 
Thunnus  alalunga 
Thunnus  obesus 
Kutsuwonus  pelamis 
Xiphias  gladius 
Istiophoridae 
Other 

FICHE D ' W A CT 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 

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