Proposal for a COUNCIL REGULATION (EC) fixing, for 1995, 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: 1994-12-07
Institutions: European Commission
Subjects: Portugal, Spain, authorised catch, conservation of resources, fishery management, fishing area

COMMISSION  OF  THE  EUROPEAN  COMMUNITIES 

COM(94) 581 final 
Brussels, 07.12.1994 

Proposal  for a 

COUNCIL REGULATION (EC) 

fixing, for 1995, 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 (EC) 

establishing, for 1995, 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 (EC) 

fixing, for 1995,  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 

(presented by the Commission) 

Proposal  for a 

COUNCIL REGULATION (EC) 

fixing, for 1995, 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 

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  1995,  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  (EC) 
No  3678/93  of 20.12.1993  ( 1 ). 

(1) O.J. No. L 341 of  31.12.1993, p. 3) 

COUNCIL REGULATION  (EC) No 

/ 

of 

fixing,  for  1995, 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 UNION, 

Having  regard  to the Treaty establishing  the European  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 1995, 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; 

Whereas  the  fishing  activities  covered  by  this  Regulation  are  subject  to 

the 

control 

measures  provided 

for  by 

Council 

Regulation 

(EC) 

No 2847/93  ^  ,  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 1995. 

It shall be applicable until  31 December 1995. 

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 261, 20.10.93, p. 1 

© 

EC  -  PORTUGAL 

ANNEX 

I 
| 
| 
| 

Species 

1 
I 
| Quantity  | 
|  (tonnes)  | 
|| 

Zones 
(1) 

|| 

I 
| 
Authorized 
|  fishing  gear  | 

I 
|  Total  number  of  |  Period  of 
fishing 

vessels  (3)  | 

1 

|  Albacore  tuna 
j (Thunnus  alalunga)  | 

|Unlimited  | X  and  CECAF 
| 

|  Troll  line 
| 

| 
I 
| 
|  Tropical  tuna 
j 
I 

3 6 ° 3 0 ' N) 

| X  (to  the  south  of 
j 
| CECAF  (to  the  south  of  j  All  except 

j 
I 
| 
|Unlimited  | 31°N  and  to  the  north  |  gill-nets 
j of  31°N  to  the  west  of  j 
j 
I  1 7 ° 3 0 ' W) 
I 

| 
j 

|| 

|  Other  tunas 
| 
l 

[Unlimited  | IX 
|| 
l_ 

l 

|  All  except 

|  gill-nets 

| 

I 

| 
| 

| 
j 
| 
| 
j 

| 

1 

(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 
| 
| 

| 
| 

| authorization! 

110  (France) jBetween  2/6 
(2) 

|and  28/7 

Unlimited 

| 
| 
| 
j 
j 
j 
|  Year  round  ( 
j 
j 
|j 

Unlimited 

|  Year  round  | 

| 

l 

| 

l 

Proposal  for a 

COUNCIL REGULATION (EC) 

establishing, for 1995, 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 

EXPLENATORY  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;  furthermore,  it  has been provided  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 1995, 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  (EC) 
No.  3679/93  of  20.12.1993  f1)  and  completes  the  technical  mesures 
established by Council Regulation  (EEC) No. 3716/85  <2) . 

(1)  O.J.  No.  L  341  Of  31.12.1993,  p.  40 
(2)  O.J.  N o.  L  360  of  31.12.1985, p.  7. 

12) 

© 

Council Regulation  (EC) N 

of 

establishing,  for 1995, 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 UNION, 

Having  regard  to the Treaty establishing  the European  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,-

(3 

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 2847/93 (*) , 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 1995. 

It shall be applicable until  31 December 1995. 

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 261, 20.10.93, p. 1 

I 
| 
| Species 
| 

| Hake 
|(Merluccius 
I merluccius) 

EC  -  SPAIN 
I.  General  fishing 

ANNEX 

I 

1 
|| 
| 
| ICES  zone  |  Authorized  fishing  gear 
| 

(1) 

| 

1 
I 
Period 
Total  number of vessels 
| 
1  of fishing  | 
| Basic  list  |  Periodic  list  | authorization! 

1 

| 

| 

1 

| VIII,  IX  |Long-lines, trawls 
| 
| 

|(vessels  over  100 grt) 
| 

| ) 
| ) 
| ) 

| ) 
| ) 
| ) 

j Monkfish 
I(Lophius piscatorius) 
I(Lophius boudegassa) 
| 
| Megrim 
|(Lepidorhombus whiffiaqonis)  | 
| 
I(Lepidorhombus boscii) 

j VIII,  IX  j 
| 
| 
| 
| 
1 
1 
| VIII,  IX  | 
| 
| 

| Norway lobster 
|(Nephrops norvegicus) 

|  Pollack 
j (Pollachius pollachius) 

| VIII, 
| IX 

| VIII, 
| IX 

| 
| 

| 
| 

Trawl 

Trawl 

Trawl 

Trawl 

| ) 
I ) 
| ) 
j ) 

j ) 
I ) 
| ) 
1 ) 
| )  (France)  | )  (France) 
I ) 
| ) 

I ) 
j ) 

10 

5  (2) 

| ) 
| ) 

| ) 
| ) 

| ) 
| ) 

j ) 
| ) 

j  year-round  | 
| 
| 
| 
| 

j  year-round  j 
I 
I 
| 
| 
1 
| 
j  year-round  j 
j 
I 
j 
j 

j  year-round  | 
j 
j 

j  year-round  j 
j 
j 

(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. 

I 
| 
| Species 
| 

j All 
| 

j 
| 

II.  Specialized  fishing 

(EC  --  SPAIN! 

i 

' 
1 
|| 
| 
| ICES  zone  |  Authorized  fishing  gear 
| 

(1) 

| 

i 
i 
Period 
Total  number  of vessels 
| 
1  of  fishing  | 
|  Basic  list  |  Periodic  list  | authorization! 

:  i 

1 

| 

| 

j VIII,IX 
| 

|Long-lines 
|(vessels  under  100 grt) 

I 
I I ( v e s s e ls  under  50 grt) 

| R o ds 

| Anchovy 
|(Engraulis encrasicholus) 
| as main catch 

| Anchovy 
I(Engraulis encrasicholus) 
|as live bait 

j Sardine 
|(Sardina pilchardus) 
| 
j 

| VIII 
| 

| 

| VIII 
| 
| 

| VIII 
| 
|| 
|| 

|Seine 
| 

| 

|Seine 
| 
| 

|Seine 
|(vessels under  100 grt) 

j 
| 

|j 
| 

| 
| 

I 

| 
| 
I 

| 
| 

2 5 

10 

j 
| 

j  year-round  | 
| 
| 

- 

| 

64 

|  year-round  | 

|j 

| 
| 

I 

| 
| 
I 

40  (France)  |between  1/3 

|and 30/6 

I 

20  (France)  |between  1/7 

|and 31/10 
I 

| 
| 
I 

| 
j 
I 

71 
j 
(France)| 

40  (France)  jbetween  1/1 

j 
|and 28/2 and  | 

|| 
|| 

|between  1/7 
jand 31/12 

| 
j 

Species 

Thunnidae 

Quantity 
(tonnes) 

ICES 
zone  (1) 

unlimited 

VIII,  IX 

Authorized 
fishing 
vessels 

All  except 
gillnets 

| 

Period 

Total number  |  of  fishing 

of vessels  | authorization 

unlimited 

|  year-round 

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

(§) 

Proposal  for a 

COUNCIL REGULATION fFC) 

fixing, for 1995,  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 

•41 

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  1995,  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  (EC) 
Nr.  3677/93 of 20.12.1993  ( 1 ). 

(1) O.J. No L 341 of 31.12.1993, p. 36 

COUNCIL REGULATION  (EC) N 

of 

fixing,  for  1995,  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 UNION, 

Having  regard  to the Treaty establishing  the European  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  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,  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 2847/93  (!),  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 1995. 

It shall be applicable until  31 December 1995. 

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 261 of 20.10.93, p. 1 

I 
| 
| 
| 

Species 

I 

1 
| Quantity  |  ICES 
| 
|  zone 
I

(t) 

II 

I 
|  Authorized 
|  fishing gear  | 

I 
| Total  number of 

vessels 

I 
|  Period  of 
|  fishing 

1 
| 
| 

I 

I authorization | 

PORTUGAL  - EC 

ANNEX 

| Blue whiting 
|(Micromesistius 
| poutassou) 

j  3 000 
| 
| 

jvb, VI,VII, j  Pelagic 
|VIIIa,b,d  | 
| (1)  (2) 

trawl 

|| 

j Horse mackerel 
|Trachurus  trachurus| 
| 
I 

j  3 000 

jvb, VI, VIIj 
|villa,b,d  | 
| (1)  (2)  | 

Pelagic 
trawl 

| Thunnidae 
| 
I 

|unlimited  |vb, VI, VII|  All  except 
| 
| 

|villa,b,d  |  gill-nets 
| (1)  (2)  | 

5 ( 3) 
2 ( 4) 

6  (3) 
4 ( 4) 

unlimited 

j 
| 

j 
| 
j 

| 
| 
| 

j  Year  round  j 
| 
| 
|| 

|  Year  round  j 
| 
| 
| 
| 

|  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  latitude 

50°30*  North. 

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

Portugal. 

(3) 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. 

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

ISSN 0254-1475 

COM(94) 581 final 

DOCUMENTS 

EN 

03 

Catalogue number : CB-CO-94-606-EN-C 

ISBN 92-77-83361-0 

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