CELEX: 31979R0167
Language: en
Date: 1979-01-30 00:00:00
Title: Council Regulation (EEC) No 167/79 of 30 January 1979 laying down certain interim measures for the conservation and management of fishery resources applicable to vessels flying the flag of Spain for the period 1 February to 31 March 1979

1 . 2. 79                         Official Journal of the European Communities                            No L 26/ 1
                                                            I
                                          (Acts whose publication is obligatory)
                                    COUNCIL REGULATION (EEC) No 167/79
                                                   of 30 January 1979
               laying down certain interim measures for the conservation and management of
               fishery resources applicable to vessels flying the flag of Spain for the period
                                             1 February to 31 March 1979
 THE COUNCIL OF THE EUROPEAN                                    Whereas this set of measures must be taken without
 COMMUNITIES,                                                   delay and it is therefore necessary to adopt them as
                                                                interim measures on the basis of Article 103 of the
 Having regard to the Treaty establishing the European          Treaty,
 Economic Community, and in particular Article 103
 thereof,
 Having regard to the proposal from the Commission,             HAS ADOPTED THIS REGULATION :
Whereas on 3 November 1976 the Council adopted a
 set of resolutions concerning certain external and
 internal aspects of the common fisheries policy ;                                     Article 1
Whereas the Community and Spain have negotiated a              The only catches which vessels flying the flag of
 framework agreement on fisheries ;                             Spain are authorized to make during the period 1
                                                                February to 31 March 1979 in the 200 nautical mile
Whereas the Commission has presented a proposal for             fishing zones of the Member States covered by
the conclusion of that Agreement to the Council ;               Community rules on fisheries are those set out in
                                                                Annex I within the quantitative limits laid down
Whereas fishing by Spanish vessels in the fishing               therein and caught under the conditions laid down by
 zones of the Member States covered by Community                this Regulation .
 rules on fisheries is authorized until 31 January 1979
 pursuant to Council Regulation (EEC) No 3152/78 of
 21 December 1978 laying down certain interim                                          Article 2
 measures for the conservation and management of
 fishery resources applicable to vessels flying the flag of
Spain, for the period 1 to 31 January 1979 (');                 1 . Fishing shall be subject to the holding on board
                                                                of a licence, issued by the Commission on behalf of
Whereas consultations are now taking place between              the Community, and to compliance with the conserva­
delegations of the Community and Spain on their reci­           tion and supervisory measures and other provisions
 procal fishing possibilities in 1979 ;                        governing fishing in the zones referred to in Article 1 .
Whereas any interruption of reciprocal fishing activi­          2. Subject to paragraph 3 being applied, licences
ties should be avoided pending the outcome of those            valid on 31 January 1979 shall remain valid until 31
consultations ;                                                 March 1979 .
Whereas in order to avoid the interruption of fishing           3. The licences referred to in paragraph 2 may be
by Spanish vessels in the fishing zones of the Member           cancelled so that new licences may be issued up to
States covered by Community rules on fisheries appro­           the number indicated in point 2 of Annex I. The
 priate measures must be adopted before 1 February              cancellation shall take effect on the day they are
 1979 ;                                                         surrendered to the Commission . Applications for new
                                                                licences must be submitted at the latest 10 days before
(!) OJ No L 374, 30. 12. 1978 , p. 24.                          the desired date of commencement of validity.
 ---pagebreak---  No L 26/2                           Official Journal of the European Communities                               1 . 2. 79
 4. When an application for a licence is submitted              2. Licences for other types of fisheries other than
 to the Commission, the following information shall             tunny may be invalidated if the Commission does not
 be supplied :                                                 receive by the fifth and 20th day of each month infor­
                                                                mation communicated by the competent authorities
 (a) name of the vessel ;                                      of Spain concerning the catches made by each vessel
 (b) registration number ;                                     and the landings made in each port during the
 (c) external identification letters and numbers ;             previous fortnight.
 (d) port of registration ;
(e)  name and address of the owner or charterer ;                                      Article 6
(f)  gross tonnage and overall length ;
(g)  engine power ;                                             1 . In fishing for hake, total by-catches of cod,
                                                               haddock, whiting, pollack and saithe may not exceed
(h)  call sign and radio frequency ;                           3 % and the total of those of clupeid fish and Norway
(i)  intended method of fishing ;                              lobster (Nephrops norvegicus) may not exceed in total
(j)  intended area of fishing ;                                5 % of catches on board a vessel . By-catches of sole
                                                               and plaice shall be forbidden .
(k)  species intended to be fished ;
(1)  period for which a licence is requested.                  2. In fishing for sardines, by-catches of horse-mack­
                                                               erel may not exceed, per vessel, 1 0 % by weight of the
                                                               total catch or of any sample thereof of at least 100
                          Article 3                            kilograms in the hold after sorting ; by-catches may
                                                               not include fish of other species or invertebrates.
 1 . Each licence shall be valid for one vessel only.
When several vessels are taking part in the same               3. Tunny vessels may neither fish nor have on
 fishing operation, each vessel must be in possession of       board any species other than thunnidae, with the
a licence .
                                                               exception of anchovies intended as live bait.
2. However, in the case of the fishing referred to in
point 2 (b), (c) and (d) of Annex I, a single licence may
                                                                                      Article 7
be issued on request for two vessels whose particulars
shall be entered at the same time on the licence.
                                                               1.     Fishing by means of gill nets shall be prohibited.
3 . The captains of vessels holding a licence must
respect the special conditions laid down in Annex II .         2. The vessels may have on board no fishing gear
These conditions shall form part of the licence.               other than that necessary for the fishing authorized.
In the case of tunny fishing, only points 1 and 2 of           3 . However, tunny vessels fishing for tunny with
those special conditions must be observed .                    live bait are hereby authorized to have on board the
                                                               fishing gear necessary to that end.
4. A vessel fishing in accordance with this Regula­
tion may hold only one licence.
                                                                                      Article 8
                         Article 4
                                                               1.     Fishing may not take place in a zone, within
1 . The period of validity of the licences shall expire        ICES divisions VI and VII, situated south of 56° 30'
as soon as it has been established that the quantities         North, east of 12° West and north of 50° 30 ' North .
laid down in point 1 of Annex I have been fished.
                                                               2. The fishing referred to in point 2 (d) of Annex I
2. No licences shall be issued for a period of three           may not take place east of 1° 48 ' West.
months to vessels not respecting the obligations laid
down in this Regulation .
                                                                                      Article 9
                         Article 5
                                                               This Regulation shall enter into force on the day of its
1 . The captains of vessels holding a licence for the          publication in the Official Journal of the European
fisheries mentioned in subparagraph 2 (a) of Annex I           Communities.
must supply the information specified in the licence
to the Commission through a radio station in one of            It shall be applicable from 1 February to 31 March
the Member States .                                            1979 .
 ---pagebreak--- 1 . 2. 79                    Official Journal of the European Communities                        No L 26/3
          This Regulation shall be binding in its entirety and directly applicable in all Member
          States.
          Done at Brussels, 30 January 1979.
                                                                    For the Council
                                                                     The President
                                                                J. FRANgOIS-PONCET
 ---pagebreak--- No L 26/4                                 Official Journal of the European Communities                                                     1 . 2. 79
                                                                      ANNEX I
          1 . Fishing quotas for the period 1 February to 31 March 1979
                                                                                                        ICES                   Quantity
                                                     Species                                          division                 (tonnes)
               Hake                                                                                     VI                        352
                                                                                                        VII                     1 200
                                                                                                        VIII                    1 448
               Other species taken as by-catches of hake fishing in                                     VI    ,                   704
               accordance with Article 6 ( 1 )                                                          VII                    2 400
                                                                                                        VIII                   2 896
          2. Number of licences that may be issued for the various ICES divisions
                                                                                 ICES              Number of                 Complete list
                                    Type of fishing                             division              licences                of vessels'
              (a) Vessels conducting hake fishing                              VI                         37 (')                  —
                                                                               VII                      104 (!)
                                                                               VIII                       99 (1)
              (b) Sardiners (seiners not exceeding 100
                    GRT)'                                                      VIII                       40                      71
              (c) Long-liners not exceeding 100 GRT                            VIII a                     10                      17
              (d) Fishing exclusively with rods from
                    vessels not exceeding 50 GRT                               VIII                       50                      60
              (e) Tunny fishing                                            VI, VII , VIII                        No limit
              (') Figure fixed on the basis of a standard vessel with a brake horse-power of 700 bhp.
                  The conversion factors for vessels of another horse-power are as follows :
                                    Horse-power                                                                  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                                                          100
                    800 bhp or more, but less than 1 000 bhp                                                        1.07
                  1 000 bhp or more, but not exceeding 1 200 bhp                                                    111
                  Over 1 200 bhp                                                                                    2.25
                  Long-liners other than those specified in 2 (c)                                                   0.33 '
 ---pagebreak--- 1 . 2. 79                           Official Journal of the European Communities                                   No L 26/5
                                                         ANNEX II
                                                    Special conditions
          1 . The fishing licence must be on board the vessel.
          2. 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 super­
              structure and shall not be effaced, altered, covered or otherwise obscured .
          3. A log book must be kept in which the following details are to be entered after each fishing opera­
              tion :
              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.
          4. Information must be transmitted by the licensed vessel to the Commission of the European
              Communities at Brussels (Telex address 21877 COMEU) 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 the Community which is covered by Community fisheries regulations ;
              4.3 . on each occasion the vessel moves from one ICES subdivision to 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 ;
              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.
          5. 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 transmis­
                    sion .
 ---pagebreak--- No L 26/ 6                           Official Journal of the European Communities                                    1 . 2. 79
           6. The details provided for in point 5 must be transmitted in accordance with the following condi­
              tions :
              6.1 . Every message relating to the fishing licence must be preceded by the words PÊCHEUR
                    BRUSSELS .
              6.2. All messages must be transmitted via a radio station on the list below :
                            Name                                              Call sign
                            North Foreland                                      GNF
                            Humber                                              GKZ
                            Cullercoats                                         GCC
                           Wick                                                 GKR
                            Oban                                                GNE
                            Portpatrick                                         GPK
                            Anglesey                                            GLV
                            Ilfracombe                                          GIL
                            Niton                                               GNI
                            Stonehaven                                          GND
                            Portshead                                           GKA
                                                                                GKB
                                                                                GKC
                            Land's End                                          GLD
                            Valentia                                            EJK
                            Malin Head                                          EJM
                            Boulogne                                            FFB
                            Brest                                               FFU
                           Saint-Nazaire                                        FFO
                            Bordeaux-Arcachon                                   FFC
              6.3. 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.
              6.4. Content of the message
                    Messages transmitted under the provisions of the licence and in accordance with the time­
                    table set out in point 4 must take into account the details required pursuant to point 5 and
                    contain the following information :
                    — the code PECHEUR BRUSSELS,
                    — name of vessel,
                    — 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,                                                      4
                    — the geographical position and the ICES statistical rectangle,
                    — the quantity (in kg) of each species of fish in the holds using the code given in point 6.5,
                    — the quantity (in kg) of each species caught since the previous transmission,
                    — the ICES statistical rectangle in which the catches were taken,
                    — the quantity (in kg) of each species transferred to other vessels since the previous transmis­
                        sion ,
                    — the name, call sign, and, if applicable, the licence number of the vessel to which the
                        transfer was made,
                    — the name of the captain.
 ---pagebreak--- 1 . 2 . 79                     Official Journal of the European Communities                                 No L 26/7
           6.5. The code to be used to indicate the quantities of fish on board as mentioned in point 6.4 :
                A  Deep-water prawn (Pandalus borealis)
                B  Hake (Merluccius merluccius)
                C  Greenland halibut (Reinhardtius hippoglossoides)
                D  Cod (Gadus morrhua)
                E  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 (Merlangius merlangus)
                L  Herring (Clupea harengus)
                M  Sandeel (Ammodytes sp.)
                N  Sprat (Clupea sprattus)
                O  Plaice (Pleuronectes platessa)
                P  Norway pout (Trisopterus esmarkii)
                Q  Ling (Molva molva)
                R Other
                S Shrimp (Penaeidae)
                T Anchovy (Engraulis encrasicholus)