CELEX: 31981R0554
Language: en
Date: 1981-02-27 00:00:00
Title: Council Regulation (EEC) No 554/81 of 27 February 1981 fixing certain interim measures for the conservation and management of fisheries resources applicable to vessels flying the flag of Spain

Avis juridique important

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31981R0554

Council Regulation (EEC) No 554/81 of 27 February 1981 fixing certain interim measures for the conservation and management of fisheries resources applicable to vessels flying the flag of Spain  

Official Journal L 057 , 04/03/1981 P. 0001 - 0008

****( 1 ) OJ NO C 263 , 10 . 10 . 1980 , P . 1 .  ( 2 ) OJ NO L 322 , 28 . 11 . 1980 , P . 3 .  ( 3 ) OJ NO L 344 , 19 . 12 . 1980 , P . 33 .      COUNCIL REGULATION ( EEC ) NO 554/81   OF 27 FEBRUARY 1981   FIXING CERTAIN INTERIM MEASURES FOR THE CONSERVATION AND MANAGEMENT OF FISHERIES RESOURCES APPLICABLE TO VESSELS FLYING THE FLAG OF SPAIN   THE COUNCIL OF THE EUROPEAN   COMMUNITIES ,   HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLE 103 THEREOF ,   HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ,   WHEREAS , ON 15 APRIL 1980 , THE COMMUNITY AND SPAIN SIGNED AN AGREEMENT ON FISHERIES ( 1 ) WHICH , UNDER THE TERMS OF ARTICLE 12 THEREOF , IS APPLICABLE FROM THE DATE OF SIGNATURE ;   WHEREAS THE COMMUNITY HAS CONCLUDED THIS AGREEMENT PURSUANT TO REGULATION ( EEC ) NO 3062/80 ( 2 );   WHEREAS THE COMMUNITY AND SPAIN HELD CONSULTATIONS , IN ACCORDANCE WITH THE PROCEDURE PROVIDED FOR IN THE AGREEMENT , CONCERNING THE CONDITIONS OF FISHING BY VESSELS OF EITHER PARTY IN THE FISHING ZONE OF THE OTHER PARTY DURING THE YEAR 1981 ; WHEREAS THESE CONSULTATIONS WERE NOT CONCLUDED UNTIL 17 FEBRUARY 1981 ;   WHEREAS , AT THE CONCLUSION OF THESE CONSULTATIONS , THE COMMUNITY DELEGATION UNDERTOOK TO RECOMMEND TO ITS AUTHORITIES THAT CERTAIN MEASURES SHOULD BE ADOPTED , FOR THE SAID PERIOD , AUTHORIZING FISHING BY SPANISH VESSELS IN THE FISHING ZONES OF MEMBER STATES WHICH ARE SUBJECT TO COMMUNITY FISHERIES REGULATIONS ;   WHEREAS FISHING BY COMMUNITY VESSELS IN THESE ZONES WAS AUTHORIZED , DURING THE PERIOD 1 TO 31 JANUARY 1981 , BY REGULATION ( EEC ) NO 3305/80 ( 3 ); WHEREAS SUCH FISHING HAS BEEN INTERRUPTED SINCE 1 FEBRUARY 1981 ;   WHEREAS IN ORDER TO AVOID PROLONGING THIS INTERRUPTION IT IS NECESSARY TO ADOPT APPROPRIATE MEASURES ON AN INTERIM BASIS UNDER ARTICLE 103 OF THE TREATY , SUBJECT TO THEIR BEING INCLUDED AT A LATER DATE IN THE COMMON AGRICULTURAL POLICY ;   WHEREAS THE VALIDITY OF THESE INTERIM MEASURES SHOULD BE LIMITED TO A MAXIMUM OF FOUR MONTHS AND TO FIX THE QUANTITIES IN RESPECT OF WHICH FISHING IS AUTHORIZED DURING THIS PERIOD WITH DUE REGARD TO THE SEASONAL NATURE OF CERTAIN FISHING ACTIVITIES AND POSSIBLE VARIATIONS IN QUANTITIES FISHED ,   HAS ADOPTED THIS REGULATION :   ARTICLE 1   THE ONLY CATCHES WHICH VESSELS FLYING THE FLAG OF SPAIN SHALL BE AUTHORIZED TO MAKE FROM THE ENTRY INTO FORCE OF THIS REGULATION TO 31 MAY 1981 IN THE 200-MILE FISHING ZONES OF THE MEMBER STATES COVERED BY COMMUNITY RULES ON FISHERIES , SHALL BE THOSE SET OUT IN ANNEX I WITHIN THE QUANTITATIVE LIMITS LAID DOWN THEREIN AND CAUGHT UNDER THE CONDITIONS LAID DOWN BY THIS REGULATION .   ARTICLE 2   1 .  FISHING SHALL BE SUBJECT TO THE HOLDING ON BOARD OF A LICENCE , ISSUED BY THE COMMISSION ON BEHALF OF THE COMMUNITY , AND TO COMPLIANCE WITH THE CONSERVATION AND SUPERVISORY MEASURES AND OTHER PROVISIONS GOVERNING FISHING IN THE ZONES REFERRED TO IN ARTICLE 1 .   2 .  THE NUMBER OF LICENCES WHICH MAY BE ISSUED TO VESSELS FLYING THE FLAG OF SPAIN SHALL BE AS LAID DOWN IN POINT 3 OF ANNEX I .   ARTICLE 3   1 .  WHEN AN APPLICATION FOR A LICENCE IS SUBMITTED TO THE COMMISSION , THE FOLLOWING INFORMATION SHALL BE SUPPLIED :  ( 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 )  INTENDED METHOD OF FISHING ;  ( J )  INTENDED AREA OF FISHING ;  ( K ) SPECIES INTENDED TO BE FISHED ;  ( L )  PERIOD FOR WHICH A LICENCE IS REQUESTED .   2 .  EACH LICENCE SHALL BE VALID FOR ONE VESSEL ONLY . WHEN SEVERAL VESSELS ARE TAKING PART IN THE SAME FISHING OPERATION , EACH VESSEL MUST BE IN POSSESSION OF A LICENCE INDICATING THIS METHOD OF FISHING .   3 .  HOWEVER , IN THE CASE OF THE FISHING REFERRED TO IN POINT 3 ( B ) AND ( C ) OF ANNEX I , A SINGLE LICENCE MAY BE ISSUED ON REQUEST FOR TWO VESSELS WHOSE PARTICULARS SHALL BE ENTERED AT THE SAME TIME ON THE LICENCE .   FOR EACH OF THE SAID TYPES OF FISHING , THE SPANISH AUTHORITIES SHALL PROVIDE A LIST OF VESSELS WHICH SHALL NOT EXCEED IN NUMBER THAT FIXED IN THE LAST COLUMN OF POINT 3 OF ANNEX I , SPECIFYING FOR WHICH VESSELS A LICENCE OR A JOINT LICENCE IS REQUESTED AND , WHERE APPROPRIATE , THE PERIOD OF VALIDITY REQUESTED .   4 .  PARAGRAPHS 1 AND 2 SHALL NOT APPLY TO LICENCES REFERRED TO IN POINT 3 ( D ) AND ( E ) OF ANNEX I , THOSE LICENCES NOT BEING NOMINATIVE BUT NUMBERED . THE SPANISH AUTHORITIES SHALL NOTIFY THE COMMISSION , AT PERIODIC INTERVALS AND PRIOR TO ENGAGING IN FISHING ACTIVITIES , OF THE LIST OF VESSELS USING THE NUMBERED LICENCES DURING THE COMING PERIOD .   5 .  THE CAPTAINS OF VESSELS HOLDING A LICENCE MUST RESPECT THE SPECIAL CONDITIONS LAID DOWN IN ANNEX II . THESE CONDITIONS SHALL FORM PART OF THE LICENCE .   FOR TUNA AND RAY ' S BREAM FISHING , ONLY POINTS 1 AND 2 OF THESE SPECIAL CONDITIONS APPLY .   6 .  A VESSEL MAY HOLD ONLY ONE LICENCE .   ARTICLE 4   1 .  THE CAPTAINS OF VESSELS HOLDING A LICENCE FOR THE FISHERIES MENTIONED IN POINT 3 ( A ) OF ANNEX I MUST SUPPLY THE INFORMATION SPECIFIED IN THE LICENCE TO THE COMMISSION THROUGH A RADIO STATION IN ONE OF THE MEMBER STATES .   2 .  LICENCES FOR OTHER TYPES OF FISHING EXCEPT TUNNY FISHING MAY BE INVALIDATED IF THE COMMISSION DOES NOT RECEIVE BY THE FIFTH AND 20TH DAY OF EACH MONTH INFORMATION COMMUNICATED BY THE COMPETENT AUTHORITIES OF SPAIN CONCERNING THE CATCHES MADE BY EACH VESSEL AND THE LANDINGS MADE IN EACH PORT DURING THE PREVIOUS FORTNIGHT .   ARTICLE 5   1 .  FISHING WITH GILLNETS SHALL BE PROHIBITED .   2 .  THE VESSELS MAY HAVE ON BOARD NO FISHING GEAR OTHER THAN THAT NECESSARY FOR THE FISHING AUTHORIZED .   ARTICLE 6   1 .  BY-CATCHES ARE PERMITTED WITHIN THE LIMITS LAID DOWN IN POINT 2 OF ANNEX I .   2 .  TUNNY VESSELS MAY NOT FISH ANY SPECIES OTHER THAN THUNNIDAE ; THEY MAY NOT HAVE ON BOARD ANY SPECIES OTHER THAN THUNNIDAE , WITH THE EXCEPTION OF ANCHOVIES INTENDED AS LIVE BAIT .   ARTICLE 7   THE LICENSES REFERRED TO IN POINT 3 ( B ) OF ANNEX I SHALL CEASE TO BE VALID ON 1 MARCH 1981 .   ARTICLE 8   1 .  LICENCES ISSUED PURSUANT TO THIS REGULATION SHALL BE VALID FOR A PERIOD OF AT LEAST TWO MONTHS FROM THE FIRST DAY OF A MONTH TO THE LAST DAY OF A MONTH . APPLICATIONS FOR LICENCES SHALL BE MADE NOT LATER THAN 15 DAYS BEFORE THE DESIRED DATE OF COMMENCEMENT OF VALIDITY .   2 .  THE VALIDITY OF LICENCES MAY BE EXTENDED UNDER THE CONDITIONS LAID DOWN IN PARAGRAPH 1 .   3 .  LICENCES MAY BE CANCELLED WITH A VIEW TO THE ISSUE OF NEW LICENCES . THE CANCELLATION SHALL TAKE EFFECT ON THE FIRST DAY OF THE MONTH FOLLOWING THE SURRENDER OF THE LICENCES TO THE COMMISSION .   THE NEW LICENCES SHALL BE ISSUED IN ACCORDANCE WITH PARAGRAPH 1 .   ARTICLE 9   1 .  THE PERIOD OF VALIDITY OF THE LICENCES SHALL EXPIRE AS SOON AS IT HAS BEEN ESTABLISHED THAT THE QUANTITIES LAID DOWN IN POINT 1 OF ANNEX I HAVE BEEN FISHED .   2 .  NO LICENCE SHALL BE ISSUED FOR A PERIOD OF BETWEEN FOUR AND 12 MONTHS TO VESSELS IN RESPECT OF WHICH THE OBLIGATIONS LAID DOWN IN THIS REGULATION HAVE NOT BEEN OBSERVED .   ARTICLE 10   1 .  FISHING MAY NOT TAKE PLACE IN A ZONE WITHIN ICES DIVISIONS VI AND VII , SITUATED SOUTH OF 56 *  30 '  N , EAST OF 12 *  W AND NORTH OF 50 *  30 '  N .   2 .  THE FISHING REFERRED TO IN POINT 3 ( C ) OF ANNEX I MAY NOT TAKE PLACE EAST OF 1 *  48 '  W .   ARTICLE 11   THIS REGULATION SHALL ENTER INTO FORCE ON THE DAY OF ITS PUBLICATION IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .   IT SHALL APPLY UNTIL 31 MAY 1981 .   THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES .   DONE AT BRUSSELS , 27 FEBRUARY 1981 .   FOR THE COUNCIL   THE PRESIDENT   G . BRAKS ****    ANNEX I   1 . FISHING QUOTAS   //   // SPECIES  //  ICES SUB-AREAS //  QUANTITY  ( TONNES ) //   // HAKE //   VI //    615 //  //   VII //   2 100 //  //  VIII //   2 535 //   // OTHER SPECIES TAKEN AS BY-CATCHES OF DIRECTED HAKE FISHING // VI //   1 230 //  //   VII //   4 200 //  //  VIII //   5 070 //   // ANCHOVY //  VIII //   29 000 ( 1 ) //   // TUNNY AND RAY ' S BREAM //  NO LIMIT //   ( 1 ) CATCHES MADE BY VESSELS FLYING THE FLAG OF SPAIN IN THE SPANISH FISHING ZONE OF THE BAY OF BISCAY ARE TO BE DEDUCTED FROM THIS QUANTITY .   2 . PERMITTED BY-CATCHES   //   // TARGET SPECIES  //  SPECIES FISHED AS BY-CATCHES  //  PERMITTED LIMITS OF BY-CATCHES   // HAKE //  COD HADDOCK //  THE TOTAL BY-CATCHES OF THESE SPECIES MAY NOT EXCEED 3 % BY WEIGHT OF THE TOTAL CATCH ON BOARD //  //  WHITING //  //  POLLACK //  //  SAITHE //  //  HERRING-LIKE FISH NORWAY LOBSTER //  THE TOTAL BY-CATCHES OF THESE SPECIES MAY NOT EXCEED 5 % BY WEIGHT OF THE TOTAL CATCH ON BOARD //  //  SOLE //  BY-CATCHES OF THESE SPECIES MAY NOT BE KEPT ON BOARD //    //  PLAICE //  //  HERRING //   // SARDINE //  HORSE-MACKEREL //  BY-CATCHES OF THIS SPECIES MAY NOT EXCEED 10 % BY WEIGHT OF THE TOTAL CATCH OR 10 % BY WEIGHT OF ANY SAMPLE OF LESS THAN 100 KG OF FISH FOUND TO BE ON BOARD IN THE VESSEL ' S HOLD AFTER SORTING //  //  OTHER SPECIES  ( INCLUDING INVERTEBRATES ) //  BY-CATCHES OF ALL OTHER SPECIES MAY NOT BE KEPT ON BOARD // ****   3 . NUMBER OF LICENCES THAT MAY BE ISSUED FOR THE VARIOUS ICES SUB-AREAS AND DIVISIONS  //   //   TYPE OF FISHING  //  ICES SUB- AREAS AND DIVISION //  NUMBER OF LICENCES //  COMPLETE LIST OF VESSELS //   //  ( A ) VESSELS CONDUCTING HAKE FISHING //  VI //    22 ( 1 ) //   -  //  //  VII //    62 ( 1 ) //   -  //  //  VIII //    58 ( 1 ) //   -  //  ( B ) SARDINERS ( SEINERS LESS THAN 100 GRT ) //  VIII //   40 //  71 //  ( C ) LONG-LINERS LESS THAN 100 GRT //  VIII A ) //   10 //  25 //  ( D ) FISHING EXCLUSIVELY WITH RODS FROM VESSELS NOT EXCEEDING 50 GRT //  VIII //   50 //   -  //  ( E ) VESSELS FISHING FOR ANCHOVY AS TARGET SPECIES //  VIII // 160 //   -  //  //  ( F )  TUNNY FISHING AND VESSELS FISHING RAY ' S BREAM //  VI , VII , VIII //  NO LIMIT //   ( 1 ) FIGURE FIXED ON THE BASIS OF A STANDARD VESSEL WITH A BRAKE HORSEPOWER OF 700 BHP . THE CONVERSION FACTORS FOR VESSELS OF ANOTHER HORSEPOWER ARE AS FOLLOWS :   //  HORSEPOWER  //  COEFFICIENT // LESS THAN 300 BHP //  0.57 // 300 BHP OR MORE , BUT LESS THAN   400 BHP //  0.76 // 400 BHP OR MORE , BUT LESS THAN   500 BHP //  0.85 // 500 BHP OR MORE , BUT LESS THAN   600 BHP //  0.90 // 600 BHP OR MORE , BUT LESS THAN   700 BHP //  0.96 // 700 BHP OR MORE , BUT LESS THAN   800 BHP //  1.00 // 800 BHP OR MORE , BUT LESS THAN 1 000 BHP //  1.07 // 1 000 BHP OR MORE , BUT NOT EXCEEDING 1 200 BHP //  1.11 // OVER 1 200 BHP //  2.25 // LONG-LINERS OTHER THAN THOSE SPECIFIED IN 3 ( C ) //  0.33 //   WHEN APPLYING THESE CONVERSION FACTORS TO ' PAREJAS '  AND  ' TRIOS '  THE HORSEPOWER OF THE INDIVIDUAL VESSELS '  ENGINES ARE TO BE TOTALLED .