CELEX: 51981PC0120
Language: en
Date: 1981-03-20
Title: Proposal for a COUNCIL REGULATION (EEC) laying down for 1981 certain measures for the conservation and management of fishery resources applicable to vessels flying the flag of Spain (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (81) 120
Vol. 1981/0032
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                               COM(81)120 final
                                              Brussels - 20 March 1981
                                Proposal for a
                            COUNCIL REGULATION ( EEC )
     laying down for 1981 certain measures for the conservation and manage­
     ment of fishery resources applicable to vessels flying the flag of Spa
                   A     ,A
                   ( submitted to the Council by the Commission )
                          :  -/
                       S
C0M(81 ) 120 final
 ---pagebreak---                             EXPLANATORY MEMORANDUM "
 The Regulation which is the subject of this proposal is designed to implement
 the fisheries regime applicable in 1981 to vessels flying the flag of Spain ■„
 and fishing in the Community fishing zone . This regime has been agreed with
 the Spanish Delegation following consultations held in accordance with the
 provisions of the Framework Agreement on Fisheries signed by 'the Community
 and Spain .                                               '   ■   .  .        .  ,
 That Agreement which has been concluded by the Community , has not yet been
 ratified by Spain . The Commission has informed the Spanish Delegation and hereby
 confirms that ratification is a condition for implementation of the fisheries
 regime applicable to Spanish vessels in 1981 .
 Since consultations on the regime had not finished by the end of 1980 , the
 Council on 16 December authorized the extension of the licences of. Spanish ^
vessels until 31 January 1981 . After taht date fishing by these vessels in
the Community zone was interrupted . Following the Council meeting on 9-11
February, Spain requested the restarting of consultations and these ended
on 17 February 1981 . On the .following day , the Commission submitted to the
Council . a proposal for an interim Regulation based on Article 103 of the
Treaty and designed to enable Spanish vessels to begin again fishing pending
completion of the usual procedures ; that interim Regulation expires ori 31
May 1981 .                                          ' .
The Regulation which is the subject of this proposal should be adopted by the
Council before that date to prevent a further interruption . The new    >
                       * ,
Regulation differs from the interim Regulation in that it covers the whole
of 1981 . Since it is based on Article 43 of the Treaty its adoption involves
consultation with the European Parliament .
The Council is therefore requested , for the reasons described above , to adopf
before 31 May 1981 , the Regulation annexed hereto , after completion of the .
                                   '            ' »                .
relevant procedures provided for in the Treaty .
 ---pagebreak---                                                   Proposal for a
                                        COUNCIL REGULATION (EEC)
                                  1981 icn.iin measures for (he Conservation and management of fishery
                                    resources applicable to vessels flying the flag of Spain
   THE COUNCIL OF THE EUROPEAN COMMUNITIES,                            HAS ADOPTED THIS REGULATION-
   Having regard to the Treaty establishing the European
   Economic Community, - and in particular Article 43                                          Article 1
   thereof,
                                                                      The only catches which vessels flying the flag of Spain
  Having regard to the proposal from the Commission,                  3?Drf° K1 cio "lake,durm« the period 1 January to
                                                                      31 December 198 1 ,n the 200-mile fishing zone of the
                    )                             ■
  Having regard to the opinion of the                         :       slialTbp'rhtatCS COVCred b>' Community rules on fisheries
  European Parliament' ( 1 );                                       ' limits
                                                                        I Vlaidrf1       °Ut T Annex withi» ^ quantitative
                                                                                     down therein and , caught under the
                                                                      conditions laid down by this Regulation.
  Whereas a framework Agreeniient on
  fisheries was signed by the Community
  and Spain on 15 Apri I 1980 ( 2 )
   which       pursuant to Article 12                                                         Article 2
  thereof , is to ?pply                                               1. Fishing shall be subject to the holding on board of a
  from its date of signature ,                                       licence, issued by the Commission on behalf of the
                                                                     Community, and to compliance with the conservation
  Whereas the Community has concluded                                and supervisory measures and other provis.ons
  this Agreement under " Counci I Regulation governing fishing in the zone referred to in Article 1.
   ( EEC ) No 3062 / 80 ( 3 );
                                                                   ■2. The number of licences which may be issued to
                                          7   / "
                                                                    vessels flying the flag of Spain shall be as laid down in
                                                                    point 3 of Annex I.
 Whereas the Community and Spain have consulted each
 other, under the procedure laid down in the Agreement,
 on the conditions for fishing by the vessels of each of
 the parties in the fishing zone of the other party during                                   Article 3
  1981 ;
 Whereas, following the consultations, the Community
                                                                  tL            30 appliftion for a licence is submitted to
 delegation undertook to recommend that the                  ' supplied?rrUSS1°n'                 Win8 informat,on ^all be
 Community authorities adopt for that period certain
 measures authorizing Spanish vessels to fish in the              (a) name of the vessel :                    ...
 fishing zones of the Member States covered by                   (b) registration number;                             ,   ' .
 Community rules on fisheries;
                                                                 (c) external identification letters and numbers­
                                                                (d) port of registration;
 Whereas fishing by Spanish vessels in                          (e) name and address of the owner or charterer;
these zones was authorized for January (f) gross tonnage and overall length; ~
 1981 under Council Regulation ( EEC ) /
 No 3305 / 80 ( 4 ), and for the period ' V (g) engine power;
from 4 March until 31 May 1981 under . (h) call sign and radio frequency;
Council Regulation ( EEC ) No 554 ( 5 );
Whereas the catches made under those •" (0 intended method of fishing;
Regulations should be entered against [)j intended area of fishing;
the quotas fixed for the whole of                             (k) specks intended to be fished;
1981 ;
                                                             (1) period for which a licence is requested."*         *
 ( 1 ) 0J No C
 (2 )   0J  No   C 263,     10 . 10.1980, 'p . 1
 (3)    0J  No   L 322 ,    30.11.1980, p. 3
 (4)    0J  No   L 344 ,    19.12.1980, p. 33
 (5)    0J  No   L. 57.    " 4.3.1981 , p.1
 ---pagebreak---    % . Each licence shall be valid for one vessel only. When                          6 . A vessel may hold only one
    .several vessels are taking part in the same fishing                                  licence       . .
    operation, each vessel must be in posscssion 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 rime on the licence.      •  ■
   For each of the said types of fishing, , the Spanish
   authorities shall provide a list. of vessels which shall not
   exceed m number that fixed in the last column of point
  *3 of Annex I , specifying for which vessels a licence or a           '                     Article 4                      *
   jomr licence is requested and, where appropriate, the
   period of validity requested .                                      1. The skippers 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
   4. Paragraphs 1 and 2 snail not apply to licences                   C ommission through a radio station in one of the
   referred to in point 3 (d), (e) and (f) of'Annex I, those           Member States.
   licences not being nominative but numbered.
                                                                      2. Licences for other types of fishing except tunny
 Use of such licences shall be subject                                fishing may be invalidated if the Commission does not
 to prior notification by the Spanish                                 receive by the fifth and 20th day of each month
 authorities of the names and technical                              information communicated by the competent
details of the vessels which will actu -                          -  authorities of Spain concerning the catches made by
ally use the licences during the period                              each vessel and the landings made in each port during
                                                                     the previous fortnight.                *
 in respect of which they have been applied
for the duration of the
period , the notification procedures and
other arrangements for cooperation with                                            ,         Artide S
the Spanish authorities for facilitating \
the monitoring of fishing by vessels                                1 . Fishing wirh gillncts shall be prohibited.
flying the flag of Spain shall-be
authorized by the Commission , in                               ;
                                                                    2. The vessels may have on board no fishing gear other:
accordance with the procedure laid down than that necessary for the fishing authorized.
in Article 32 of Council Regulation ( EEC ) ,
No 1Q0 / 7'6 ( 1 ), riot later than 30 April 1 98-1 •.
5 . The skippers of vessels holding .a
 licence must observe the special -
 conditions laid down in Annex II .
These conditions shall form part of the
 I i cence .          /
 In the case , of fishing as                     referred
to in point 3 ( g ) of Annex I , only
points 1 and 2 of those special
 conditions must be observed .
 ( 1 ) Regulation 100 / 76 , 19 / 1 / 1976
         0J No L 20 / 1 , 28 / 1 / 1976
( 1 ) 0J No L 20 , 28.1.1976, p.2
 ---pagebreak---                                                                        - 3 -
                                                                                         \
                      Article 6                                                                          Article 9
    1 . By-catches shall be permitted within the                                The period of validity of the licences
    limits laid down . in point 2 of Annex I                                referred to in point 3 ( a ) of Annex I shall
                                           %
                                                                            expire as soon as it has been established that
   2 . Vessels holding a licence entitling                                  the quantities laid down in point 1 of Annex
   them to fish for tunny may not fish any                                  I have been fished .
    species other than thunnidae ; they may
   not have on board any species . other                                                                 Article 10
   than thunnidae , with the exception of
   anchovies intended as live bait .                                        1 . Licences for vessels which have not complied
                                                                            with the obligations provided for in this
   3 . Vessels holding a licence entitling -                                Regulation may be withdrawn .
   them to fish for Ray 's bream may not fish
   for any other species ; they may not                                     2 . Where a vessel infringes this Regulation
   have on board any species other than                                     by fishing without a valid licence in the
   Ray 's bream .                                                           zone referred to in Article 1                     and where
                                                                            that vessel belongs to a shipowner who has
                                                                            one or more other vessels to which licences
                              Article 7
                                                                            have been issued , one of such                    licences
  1 . I KCIU.CS referred to in point 3 (c) of Annex I slull                 may be withdrawn .
 be valid until 30 June 193*1 , those retcirctl to in (0
 during tt'w
           !u- pi-riirU
               period t July to 31 H October 1981 .»                        3 . Vessels engaging in the type of fishing"
                                                                            referred to in point 3 ( a ) of Annex I which
 1     Licences referred
 2. Licences      referred ?o
                            to in
                               in point
                                   point 33 (b5
                                             (!>} o'«v1 Annex
                                                        Annex I1 shall
                                                                 shall      have failed to comply with the obligations
 be valiii
 be   valid Junng
            during thethe peruKU
                          periods \1 to      Janus? ryry 11^81
                                     to 3311 J.inu         £81 ,,           provided for i/i Regulation ( EEC ) No 3305 / 80 ,
                         and I July to 31 December 1981 •.                  Regulation ( EEC ) No            554 / 81 or in this
                                                                            Regulation shall not be granted a licence
3. No licence shall be valid for the period 1 February                            ® period of from four to twelvemonths from
to 3 March 1981 . All fishing by vessels flying the date when the infringement was committed .
the flag of Spain in the area referred to in Ar­
ticle 1 shall be prohibited during that period . 4 . Vessels engaging in the type of fishing
                                                                            referred to in points 3(b ), ( c ), ( d ), ( f ),
                                                                            and ( g ) of Annex I which have failed to
                             ArticU 8                                       comply with the obligations provided for
                                                                            in Regulation ( EEC ) No 3305 / 80 , Regulation
 1 . Licences issued pursuant to this Revelation shall be                   ( EEC ) No          554 /81 or in this Regulation
 valid for a period of at least wo montns from the first                    shall not be granted a licence for a period
day of a month to the last day of a month. Applications                     of from two to four months from the date
 for licences shall be made not later than 15 days before                 . when the infringement was committed .
 the desired date of commencement of validity.
                                                                            5 . No licence s"hall be issued during the
 2. The validity of licences may be extended under the                      periods referred to in paragraphs 4 and 5
 conditions laid down in paragraph 1 .                                      to a vessel belonging to a shipowner who
                                                                            also owns a vessel whose licence has been
 3 . Licences in.iv be cancelled with a view to the issue                   withdrawn .
 of new liccH.es. I he cancvllanon               take effect on the
                                                                                                         Article 11         -
 first day of the month following the surrender of the
 licences to the Commission.
The new licences shall be issued in accordance with                                 1 . Fishing may not take phce in a zone within ICES
 paragraph 1 .                                                                     sub-areas VI and VII, situatrd south of        30' N, ejst
                                                                                   of      W and north of Sif 30' \.
                                                                                   2. The tishins rcferre j to in point 3 (d) of Annex I may
                                                                                   not take place e.ist ot 1° -IN' \X.                   -
 ---pagebreak---                 Article 12
The competent authorities in the Memberj
States shall take appropriate measures ,:
including the regular inspection of
vessels , to ensure implementation of
this Requlation .
                Article 13
Where an infringement is duly found ttf have taken                                            ^ ^
place , the Member States shal I , without delay ,                                                                          ,
inform the Commission of the name of                              " 2. Licences issued in pursuance of Regulation (EEC)
the wbssp
thp    vesselL concerned and of any action                           No 541 /80 shall remain valid under the same
they may have taken .                                                conditions as licences issued under this Rcgul irion.
                Article 14
                                                                                             Article \ 1 5
 1 . - Regulation ( EEC ) No 554 / 81 is hereby                      This Regulation shall enter into force - or ■ the day
 repealed .                                      . _                 following its publication in the Official Journal of the
                                                                     European Communities .
                                                                     It shall apply from 1 January to 31 December 1981 . -
                  This Regulation shall be binding in its entirety and directly applicable in all Member States.
                  Done at - Brussels ,-            .      '
                                                                                     For the Council
                                                                                      The President
 ---pagebreak---                                                                                                              /•
                                                  ANNEX I
 1 , Fishing quotas ,
                                                                                      ICES         Quantity
                                       Species                                      sub-areas      ( tonnes)
      Hake                  ν             v                                            VI          1.230
                                                                                       VII-        4.200
                              *                 ^        ' ■
                                                                                       VIII
                                                                                                   5.070 ( 1 )
     Other species taken as by-catches of hake fishing'                                VI           2.460
                                                                                       VII    .    8.400
                                                                                      VIII
                                          1                                                       10.140
     Anchovy                                                                          VIII         29 000 >( 2 )
     Tunny and Ray's bream ,                                                                No limit
                                   1
( 2 )• 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.
( 1 ) There shall be deducted from this quota the quantities by which
        total catches of hake in 1980 in ICES division VIII by vessels
        authorized to fish under Regulation ( EEC ) No . 1719 / 80 exceed the
        quota of 5,733 t . fixed by this same Regulation .
2. Permitted by-catches
        Target       Species fished as                       Permitted limits of by-catches
        species         by-catches
     Hake         Cod                     The total by-catches of these species may not exceed 3 %
                  Haddock                 by weight of the total catch on board
                  Whiting
                  Pollack
                  Saithe
                  Clupeid fish            The total by-catches of these species may not exceed 5 %
                  Norway lobster          by weight of the total catch on board %
                  Sole                    By-catches of these species may not be kept on board
                  Plaice
     -
                  Herring                   Τ Í                                                 .         .
     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          By-catches of all other species may not be kept on board
                   (including
                  invertebrates)
 ---pagebreak---  Number of licences that may be issued for the various ICES sub-areas and divisions
                                                                ICES «ib-                    Complete
                                                                            Number of
                          Type of fishing                       arcas and                      list of
                                                                              licences
                                                                 division                      vessels
(a) Vessels conducting hake fishing                                 VI        22:')
                                                                   VII
                                                                            ■ 62 {,)
                                                                   VIII
                                                                              58 ( 1) ■
( b) Sardiners (seiners less than 100 CRT)                         VIII           40              71
(c) Long-liners le.'is than ¡00 CRT                                Villa          10              25
(d) Fishing exclusively with rods from vessels not
       exceeding 50 GRT                                    -      VIII            50              _
(e) Vessels fishing; for anchovy as target species                VIÍI          160               –
(f) Vessels fishing for anchovy to be used as live
       bait                                                       VIII          120             •
(g) Tunny fishing and vessels fishing                           VI , VII,             No limit
        for Ray's bream                                           VIII
( ' ) l ;igurc fixed'on the basis of a standard vessel with a brake horsepower of 700 bhp. The conver­
      sion (actors 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                                              107
      1 000 bhp or more, but not exceeding 1 200 bhp .                                          I ll
  • Over 1 200 bhp .                                                                    ■■     2-25 - '
      Long liners .other than those specified in 3 ( b)                                        0- >3
      Whrn applying these conversion factors to •parcjas' and 'trios' the horsepower of the individual
      vessels* engines are to be totalled.                             ^
 ---pagebreak---                                              ANNEX II
                                         Special conditions
The fishing licence must be on board the vessel.
The registration letters and numbers of the licensed vessel must be clearly marked on the bow of the
vessel at both sides and on each side of the superstructure where they can best be seen.
The letters and numbers shall be painted in a colour contrasting with that of the hull or
superstructure and shall not be effaced, 'altered, covered or otherwise obscured.
A logbook, must be kept in which the following details are to be entered after each fishing
operationr
3.1 . the quantity (in kg) of each species caught;
3.2. the date and the time of the beginning and end of fishing;
3.3. the ICES statistical rectangle in which the catches were made;
3.4. the fishing method used.                                                     \
Information ' must be transmitted by the licensed vessel to the Commission of the European
Communities at Brussels (telex address 24189 FISEU-B) via one of the radio stations listed in point
6.2 in accordance with the following timetable:
4.1 . on each occasion the vessel enters the 200 nautical mile fishing zone off the coasts of the
     . Member States of the Community which is covered by Community fisheries regulations ;
4.2. on each occasion the vessel leaves the 200 nautical mile fishing zone off the coasts of the
        Member States of Community which is covered by Community fisheries regulations;
4.3. on each occasion the vessel moves from one ICES subdivision^ another within the zones as
        defined in 4.1 and 4.2;                                   .           -
4.4. on each occasion the vessel enters a Community port;
4.5. on each occasion the vessel leaves a Community port;          i
4.6. at weekly intervals for the previous week, from either the seventh day the vessel first enters the
        fishing zone of the Member States as referred to in 4.1 above or the day the vessel leaves a port
        as referred to in 4.5 above. ■ .    , ,
The following details must be included in all messages transmitted in pursuance of point 4:
5.1 . the date, time, geographical position and ICES statistical rectangle;
5.2. the quantity (in kg) of each species of fish in the hold;
5.3 . the quantity (in kg) of each species caught since. the previous transmission;
5.4. the ICES statistical rectangle in which the catches were taken;
5.5 . the quantity (in kg) of each species transferred to other vessels since the previous transmission.
The details provided for in point 5 must be transmitted in accordance with the following conditions:
6.1 . All messages must be transmitted via a radio station on the list below:
        Naine                                                       Cail sigrt •
         North Foreland    •                                        GNF
         Humber                                                     GKZ
         Cullercoats                                                GCC
         Wick                                                       GKR
         Oban                                                       GNE
      ' Portpatrick                                                 GPK
         Anglesey                                                   GLV
         Dfracombe                                                  GIL
 ---pagebreak---                                                                                                      5
       Niton                                                       GNI
        Stenehaven                                                 GND
        Portshead                                                  GKA
                                                                   GKB
                                                                   GKC
        Land's End                                                 GLD
        Valentia                                                   EJK
        Malin Head                                                 EJM
        Boulogne                                                   FFB
        Brest                                                      FFU
        Saint-Nazaire                                              FFO
        Bordeaux-Arcachon                                          FFC
6.2. If for reasons of force majeure it is impossible for the message to be transmitted by the licensed
        vessel, it may be transmitted on that vessel's behalf by another vessel.
6.3. Content of the message
     ■ Messages transmitted under the provisions of the licence and in accordance with the timetable
        set out in point 4 must take into account the details'required pursuant to point 5 and contain
        the following information:                                           -
       – name of vessel,        - ■   .                                                        r
       – call sign,           .
       – external identification letters and«numbers,
       – licence number,
       – serial number of the message for the voyage in question,
       – indication of the type of message taking into account the different points mentioned in
            point 4,
       – the geographical position and the IQES statistical rectangle,
       – the quantity (in kg) of each species of fish in the holds using the code given in point 6.4,
       – the quantity (in kg) of each species caught since the previous transmission,
       – the ICES statistical rettangle in which the catches were taken, .
       – the quantity (in kg) of each species transferred to other vessels since the previous
            transmission,
       – the name, call sign, and, if applicable„the licence number of the vessel to which the transfer
            was made,
                                                                                                  /
       – the name of the master.
6.4. The code to be used to indicate the quantities of fish on board as mentioned in point 6.3 :
       A. Deep-water prawn (Pandalus borealis)
       B.     Hake (Merluccius merluccius)
       C.     Greenland halibut (Reinhardtius hippogloss6ides) .
       D.     Cod (Gadus morrhua)
       £.     Haddock (Melanogrammus aeglefinus)
       F.     Halibut (Hippoglossus hippoglossus)
       G.     Mackerel (Scomber scombrus)
       H.     Horse-mackerel (Trachurus trachurus)
       I.     Round-nose grenadier (Coryphaenoides rupestris)
      J.      Saithe ^Pollachius virens)
       K.     Whiting .(Merlangus merlangus)
      L.      Herring (Clupea harengus)
   . M. Sandeel (Ammodytes sp)
      N. Sprat (Clupea sprattus)
 ---pagebreak---  O. Piaice (Pleuronectos píatessa)
 r. Norway pout (Trisopterus csmarkli)
 Q. Ling (Molva molva)
R.  Other           '       .
S.  Shrimp (Pcnaeidac)             '
T.  Anchovy (Engraulis encrassicholus)
U.       Rcdfish (Scbastcs sp),
V.       American Plaice (Hypoglossoides platcssoidcs),
W.       Squid (Illex),                      -   '
X.       Ycllowtail (Limanda ferru^înea), ,     ..
Y.       Elue Whiting (Gadus poutassou).