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
Date: 1991-12-04
Institutions: European Commission
Subjects: Portugal, conservation of fish stocks, fishery management, fishing season

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 
20 .12. 1990  t1). 

(EEC)  No  3936/90  of 

/i> n..T. N O.  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 

Quantity 
(tonnes) 

Zones 
(1) 

Authorized 
fishing gear 

Total number of 
vessels  (3) 

Period of 
fishing 

authorization 

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 

IX 

All except 
gill-nets 

All except 
gill-nets 

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. 

VA 

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  i c on 

„ 

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. 

EEC - SPAIN 
I. General fishing 

Authorized fishing gear 

Long-lines, trawls 
(vessels over 100 grt) 

ICES zone 
(1) 

VIII, IX 

Total number of vessels 

Basic list 

Periodic list 

ANNEX 

Period 
of fishing 
authorization 

year-round 

VIII, IX 

Trawl 

year-round 

VIII, IX 

Trawl 

10 
) 
) (France) 

) 
)  (France) 

5  (2) 

year-round 

Species 

Hake 
(Merluccius 
merluccius) 

Monkfish 
(Lophius piscatorius) 
(Lophius boudegassa) 

Megrim 
(Lepidorhombus whiffiagonis) 
(Lepidorhombus boscii) 

Norway lobster 
(Nephrops norvegicus) 

Pollack 
(Pollachius pollachius) 

VIII, 
IX 

VIII, 
IX 

Trawl 

Trawl 

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. 

II. Specialized  fishing 

(CEE —  ESPAGNE) suite 

Species 

All 

ICES zone 
(1) 

VIII,IX 

Authorized  fishing gear 

Long-lines 
(vessels under 100 grt) 

Rods 
(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 

Period 
of  fishing 
authorization 

25 

10 

year-round 

64 

year-round 

40  (France) 

between  1/3 
and 30/6 

20  (France) 

between  1/7 
and 31/10 

Sardine 
(Sardina pilchardus) 

VIII 

Seine 
(vessels under 100 grt) 

71 
(France) 

40  (France) 

between  1/1 
and 29/2 and 
between  1/7 
and 31/12 

Species 

Thunnidae 

Quantity 
(tonnes) 

ICES 
zone  (1) 

unlimited 

VIII, IX 

Authorized 
fishing 
vessels 

All except 
gillnets 

Total number 
of vessels 

Period 
of  fishing 
authorization 

unlimited 

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 
20.12.1990  (!). 

replaces 

Council 

Regulation 

(EEC)  N  3938/90  of 

(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; 

- 4 3-

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 

Quantity 
(t) 

ICES 
zone 

Authorized 
fishing gear 

Total number of 

vessels 

Blue whiting 
(Micromesistius 
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 
gill-nets 

Period of 
fishing 

authorization 

Year round 

Year round 

5  (3) 
2  (4) 

6  (3) 
4  (4) 

unlimited 

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 

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