Proposal for a COUNCIL REGULATION (EEC) fixing, for 1994, 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
Date: 1993-11-26
Institutions: European Commission
Subjects: Portugal, conservation of fish stocks, fishery management, fishing licence, fishing season, sea fishing

COMMISSION  OF  THE  EUROPEAN  COSVMUNITIES 

COM(93)  616  f i n al 

Brussels,  26  November  1993 

Proposal  for  a 

COUNCIL  REGULATION  (EEC) 

f i x i n g, 

f or  1994, 

certain  mesures  f or  t he  c o n s e r v a t i on  and  management  of 

f i s h e ry  resources,  applicable  to  v e s s e ls 

f l y i ng 

t he 

f l ag  of  Portugal  In 

waters  f a l l i ng  under  the  sovereignty  or  w i t h in  t he  j u r i s d i c t i on  of  Member 

S t a t e s,  apart  from  Spain  and  Portugal 

Proposal  for  a 

COUNCIL REGULATION (EEC) 

fixing, for 1994, 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  <PFC.\ 

establishing, for 1994, 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 

(presented  by the C o m m i s s i o n) 

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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  1994, 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 rolls over the provisions  set out by Council Regulation  (EEC) 
Nr. 3908/92 of 19.12.1992 

I1). 

(1) O.J. No L 394 of 31.12.1992, p. 21 

(2) 

\k lOC 

COUNCIL REGULATION  (EEC) 

of 

fixing,  for 1994,  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 

parf i r»J a r • Art  i cl  a ,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 ottthe" fishing1 ^possibilities and -the cuiibbpunulng -number 

of  Portuguese  vessels  authorizes  to  fish  in  the  waters  referred  to  in 

paragraph  1 of that Article; 

Whereas  it  is  therefore.. necessary  to  establish  principles  and  certain 

procedures  at  Community  level  so  that  each  Member  State  can  assure  the 

management -of-the- fishing activities -of vessels flying ite flag; 

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; 

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) " NB  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, uLhei  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-«hall* enter into force on 1 January  1994. 

It shall be applicable until 31 December 1994. 

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. 

Proposal  for  a 

COUNCIL  REGULATION  (EEC) 

f i x i n g,  for  1994,  certain  mesures  for  the  conservation  and  management  of 
fishery  resources,  applicable  to  vessels  flying  the  f l ag  of  Portngal  In 
waters  f a l l i ng  under  the  sovereignty  or  Hithin  the  jurisdiction  of 
S t a t e s,  apart  from  Spain  and  Portngal 

PORTUGAL - BEC 

ANNEX 

Species 

Quantity 
(t) 

ICES 
zone 

•Authorized 
fishing gear 

Total number' of 
vesbels 

• 

- 

> 

» 

» 

j 

Blue' whiting 
(Micrbmeslstius 
poutassou) 

3 000 

vb, vi,vn, 
VIIIa#b,d 

(1) 

\2) 

Pelagic 
trawl 

o (3) 
2 (4) 

Period of. 
fishing  \ 
authorization 

Year round 

Horse mackerel 

3 000 

TnachUrus trachurus 

Thunhidae 

unlimited 

vb,  v t,  vi i; 
VIIIajb,d  . 
> 
(1)  (2) . 

; Pelagic 
i trawl 

Vb, Vt, VII 
VIIIa>b,d 
(1)  (2) 

All except 
gill-nets ; 

P  <3i>  • 
i  (4) 

Year round 

unlimited 

Year round 

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

50°30' North. 

_  -; 

. 

\ 

> 

. 

(2) Waters  falling under'the sovereignty and within the;jurisdiction of Member States ofjthe Community  other than Spain and 

Portugal. 

; 

: 

; 

> 

.' 

(3) Total number  (basic list) of standard Portuguese vessels; standard vessel means a vefesel having a brake horsepower equal to 
700  horsepower  (BHP).  The conversion ratas for vessels having a different engine power-are the same as those defined in 
Article 158(2) of the Act of Accession. 

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

-f 

Proposal  for a 

COUNCIL REGULATION  (EEC) 

fixing, for 1994, 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 Portngal 

H^s 

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 1994, 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 rolls over the provisions set out by Council Regulation (EEC) 
No 3907/92 of 19.12.1992  C1). 

(1) O.J. No. L 394 of 31.12.1992, p. 19. 

^ 

COUNCIL REGULATION (EEC) No 

/ 

of 

fixing, for 1994, 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  it  is  therefore  necessary  to  establish  principles  and  certain 

procedures  at Community  level  so that  each Member  State  can  assure  the 

management of the fishing activities of vessels flying its flag; 

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 1994, 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; 

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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; 

Whereas  the  fishing  activities  covered  by  this  Regulation  are  subject  to 

the  control  measures  provided  for  by  Council  Regulation 

(EEC) 

No 2241/87  U ),  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 1994. 

It shall be applicable until 31 December 1994. 

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, 29.7.1987, p. 1. 

(2) OJ N° L 306, 11.11.1988, p. 2, 

f-

EEC - PORTUGAL 

ANNEX 

Species 

Quantity 
(tonnes) 

Zones 
(1) 

Authorized 
fishing gear 

Total number of 
vessels  (3) 

Period of 
fishing 

Albacore tuna 
(Thunnus alalunga) 

Unlimited 

X and CECAF 

Troll  line 

authorization 

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. 

^ mm?mm~rmm*^B4*mé* 

Proposal for a 

COUNCIL REGULATION fEECi 

1fTÏ^H««t»j»»Qj for 1994, certain measures for the conservation and 

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 

$k* 

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 failing 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 1994, 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 rolls over the provisions set out by  Council Regulation  (EEC) 
N  3906/92  of  19  December  1992  t1)  and  completes  the  technical  measures 
established by Council Regulation  (EEC) No. 3716/85 (2). 

(1) O.J. No. L 394 of 31.12.1992, p. 17, 
(2) O.J. No. L 360 of 31.12.1985, p. 7. 

, •  * 

r1 

Council Regulation (EEC) H 

of 

establishing, for 1994, 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  it  is  therefore  necessary  to  establish  principles  and  certain 

procedures  at  Community  level  so  that  each  Member  State  can  assure  the 

management of the fishing activities of vessels flying its flag; 

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; 

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- 1 -

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  (^-), 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 1994. 

It shall be applicable until 31 December 1994. 

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. 

- 2 -

i m m w s i i m m mi 

\ \ 

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 

(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. 

N^ 

- 2 -

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. 

t/4 

ISSN 0254-1475 

COM(93) 616 final 

DOCUMENTS 

EN 

03 

Catalogue number : CB-CO-93-654-EN-C 

ISBN 92-77-61887-6 

Office for Official Publications of the European Communities 
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