CELEX: 51982PC0897
Language: en
Date: 1982-12-28
Title: Proposal for a COUNCIL REGULATION (EEC) laying down certain measures for the conservation and management of fishery ressources applicables to vessels flying the flag of Spain for the period 1 January to 28 february 1983 (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (82) 897
Vol. 1982/0271
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                        COM(82 ) 897 final
                                                        Brussels , 28 December 1982
                                         Proposal for a
                                    COUNCIL REGULATION ( EEC )
              laying down certain measures for the conservation and
         management of fishery ressources applicables to vessels flying
            the flag of Spain for the period 1 January to 28 february 1983
                    ( submitted to the Council by the Commission )
            a  • -•
            V           Scr'î! fK '
               Y
  COM ( 82 ) 897 final.
 ---pagebreak---                                     Proposal for a
                            Council Regulation ( EEC )
 laying down certain measures for the conservation and management of fishery
 ressources applicables to vessels flying the flag of Spain for the period
 1 January to 28 February 1983 .
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
 Having regard to the Treaty establishing the European Economic Community ,
 Having regard to the Fisheries Agreement between the European Economic
 Community and the Government of Spain ( 1 ), and in particular article 3 thereof ,
Whereas fishing by Spanish vessels in the fishing zones of the Member States
covered by Community rules on fisheries is authorized until 31 December 1982
pursuant to Council Regulation ( EEC ) N° 1041 / 82 of 29 April 1982 , laying down ,
for 1982 , certain measures for the conservation and management of fishery
resources applicable to vessels flying the flag of Spain , ( 2 )
Whereas consultancys are now taking Pla«J*™"                  v
delegations of the Commun.ty and Spam on their                r
procal fishing possibilities in IVe?,                         |
WLcrcs any interruption of r,uPHK,l fnh.ng «ctivi-          - *
      should be .voided pern!"'* ^ outcome of those
 consultations ;
 Whereas in order to avoid the .nicrmpuon ■°fj»h"»«
 by Spanish vessels in the fishing /ones of the
 States covered by Community rules on fisheries appro­
  priate measures must be adopted before
  1 . JOnuary 1983 ;
  Whereas, consequently, this measure should be
  adopted on a temporary basis, subject to its later inclu­
 sion in a definitive system to be adopted under Article
 43 of the Treaty ;                                                    ■'
( 1 ) OJ N° L 322 , 28.11.1980 , p . 3
(Ì-) OJ N° L 120 , 1 . 5.1982 , p . 9
 ---pagebreak---   HAS ADOPTED THIS REGULATION :
                             Artide I
  The only catches which vessels flying the flag of Spain '
  arc authorized to mn'tc during the period 1 January
to 28 Februarymita the 200 mile fishing zones of
  the Member States covered by the Community
  fisheries rules 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 conserva­
  tion 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
  vesseis flying the flag of Spain shall be as laid down in
  point 3 of Annex I.
  3.       A vessel may hold only one licence.
   4.      The skipper* of vessels holding .i licence must
   observe the special conditions laid down in Anne* II.
  These conditions shall form part of the licence.
   However, in the case of vessels^ holding ■ licence
   referred to in point 3 (d), *) ° r V of Annex I, only
   points 1 and 2 of the special conditions laid down in
   Annex II must be observed.
         5                    Article 3
   1.      When an application for a licence referred to in
   point 3 (a), (b), (c), t) and 1/ of Annex I is submitted
   to the Commission, the following information shall be
   supplied :
   (a) name of vessel ;
   (b) rcgistration numbt ;
   (c) external identification letters and numbers ;
   (d) port of rcgistration ;
   (e) name and address of the owner or charterer and, if
        t^ owner is a legal person, of the members ;
   (f) gross tonnage and overall length ;
   (g) engine power ;
   (It) mil sign uiul radio frequency ;
   (i) intended method of fishing ;
   (j) intended area ' f fishing ;
   (k) species intended to be fished ;
   (S) period for which a licence is requested.
 ---pagebreak---            2. Each licence shall he v .lid for one vessel only
          When several vessels are t,k,nM part in the same
          fishing operation, each vessel must be in possession of
          * turner indicating this method of fishing.
          V However, in the ca.e ol , he f.sh.ng referred to m
         point 3 (b) and (c) of Annex I, a single licence may he
         issnei on request fyr ,wo vessels whose particulars
                be cnt<r<-' d ■« "'<■ s-imc time on the licence.
         For each of the vnd typ,-< of fishing, the Spanish
        authorities shall provid. a list of vessels which shall
        not exceedI in numlvr Unit fixed in the last column of
        point 3 of Annex 1, specifying for which vessels a
       licence or a joint licence is requested and, where_
       •ppropnate, the period of validity requested.
       4.
               A vessel may hoM ,„,[v on. licence.
                                 Ai ( nie 4
      1 . The licences referred to in point 3 (d) of Annex I
     may be issued only to vessels appearing on a list of
     vessels authorized to use such licences during the
    period referred to in Article 1 . This list shall provide
    the following particulars in respect of each vessel :
    ~ name of the vessel,
    – registration number,
    – external identification letter* and numberi,
    – port of registry,
   – name and address of the owner or charterer,
          gross tonnage and overall length.
          call sign and radio frcquency.
   2.        The licences referred to in point 3 (d) of Annex f
   may be used only by vessels included in a periodic
   programme. This programme shall give the names and
  registration numbers of all vessels authorized to use
  such a licence during the period covered, together
  with
  licence.
            the dates on which each vessel may use such a
 A periodic programme shall be val.d for a period of at
 least one month and shall he introduced at least four
 working days before the beginning of the period
 which it covers. The duration for which each vessel
 may use a licence under the periodic programme shall
be not i ss than two days. Approval of the various
parts of « r,e.,odic programme shall be given by the
Commission one working day before the date
scheduled for their entry into force.
 ---pagebreak---                                                    Article 5
                      I.      Notwithstanding the piovisions of Article
                          ili.ini'i 's m til. prri>i<|i( j.riij'i mimes nnd list , nmy
                     l >< icijii. str.l in i ,      i til v. -      wlm li h.tve been
                     prcvcnti.il by jnut mii/utn from using the licence
                     during the specified period. The vessels concerned
                     shall not he authorized to fish until confirmation has
                     been received from the Commission ; such confirma­
                    tion should be given within 16 hours, excluding public
                    holidays.
                    2.       Should the Commission not he in possession of s
                    new periodic programme or list tour working days
                    before the fxpiry of the preceding programme or list,
                   the provisions applicable to the last week covered shall
                   be applied for a further week.
                                                  Article A
                  Licences other than those referred to in point 3                   4*4
                  r) of Annex I may be invalidated if the Commission
                 does not receive, by the fifth and 20th day of each
                 month, information communicated by the competent
                 Spanish authorities concerning the catches made by
                 each vessel and the landings made in each port during
                 the previous fortnight.
                                                Article     7
                1.        Fishing with giilnets shall be prohibited.
                2. The vessels may have on board no fishing gear
                other than that necessary for the fishing authorized.
     Trawls , Danish seines or similar nets having mesh sizes smaller
than 80 mm may not be used when fishing for hake                                         a or carried 01
                                                 Artide        8
                   1 . By-caf<             .hall be permitted within the limits
                  laid down in point 2 of Annex I.
                  2. Vessels holding a licence entitling them to fish
                  for tunny m3y not fish any species other than thun-
                  nidae ; they may not have on board any species other
                 than thunrudae, with the exception of anchovies
                 intended as live bait .
 ---pagebreak---                          Article    9-
 The period of validity of the licences referred to in
 point 3 (a) .        of Annex 1 shall expire as soon as
 the Commission has established that the quantities
 laid down in point 1 of Annex I have been fished.
  'and at the Latest on 28 February 1983 .
                         A rticle 1 0
 1 . Licences for vessels which hnvc not complied
with the obligations provided for in
                   this Regulation may be withdrawn .
2.    Where a vessel infringes t h.i s regulation
                                by fishing without a valid
licence in the zone referred to in Article 1 and where
that vessel belongs to a shipowner who has one or
more other vessels to which licences have been issued,
one of such licences may be withdrawn .
3. Vessels en^.i^ing in the type of fishing referred to
in point 1 (n) of Anne * I which liuvc f.i 1 1 < • I to lotnply
with the obligations provided for in
                ' this Regulation shall not be granted a
licence for a period of from four to 12 months from
the date on which the infringement was committed.
 ---pagebreak---  4. Vessels engaging in the type of fishing referred to      inspection of vessels, to ensure implementation of this
 in point 3 (b), (c), (d),              of Annex I which     Regulation.
 have failed to comply with the obligations provided for
                                      "    this Kt^ulnlion
shall not be granted a licence for a period of from two
to four months from the date on which the infringe­                                  Article 13
ment was committed .
5. No licence shall be issued during the periods
                                                             Where an infringement is duly found to have taken
referred to in paragraphs 3 and 4 to a vessel belonging      place, the Member States shall , without delay, inform
to a shipowner who also owns a vessel whose licence          the Commission of the name of the vessel concerned
has been withdrawn .
                                                             and of any action they may have taken .
                           Artide tJ
1.    Fishing may not take place in a zone within
ICES sub-areas VI and VII , situated south of 56°30'N ,
cast of I2"W , and north of W'.MI'N .
2. The fishing referred to in point 3 (d) of Anne* I
may not take place cast of 1°48 W.
                                                                                     Article 14
                           Artùte 12
                                                             This Regulation shall enter into force on the day
The competent rnt authorities in the Member States shall     following its publication in the Official Journal of the
              iriate measures, including the regular
take appropriate                                             European Communities.
                                                             It shall apply during the period
                                                             1 January to 28 February 1983 .
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States.
              Done
                                                                         For the Council
                                                                          The President
 ---pagebreak---                                                 ANNEX /
'1 . Fishing quota*
                                                                          ICES                 Quantity
                                Specie«                                •ul >-> rru             (tonnen)
     H«ke                                                                   VI                    166
                                                                           VII                    567
                                                                         VIII                     684   C1 )
                                                        *
     Other species taken is by-catches of hike fishing                      VI                    332     '
                                                                           VII                1 . 134
                                                                         VIII                 1 . 368
    Tun·                                                           VI, VII, VIII              No limit
      Ray's bream                                                Viig ), h ),                 No Limit
                                                                  i ).      k)
    (') Catches made by vessels referred to under point 3 (c) and (d) are to be added to this quantity.
2. Permitted by -CAfches
        T«r*«C      Sp'-i'ies fished u                     Prrtniiti.l limit *. of hy-cjlches
       »pecirt          by latche»
    Hake         Cod                      The total by-catches of these species may not exceed 3 % by
                  Haddock                 weight of the total catch on board
                 Whiting
                 Pollack
                 Sii'hc
                 Clnpri.l fish            The total by-catches of these species may not exceed 5 % by
                 N'jíw.ty lobster         weight of the total catch on board
                 Sole                     By-catches of these species may not be kept on board
                 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
                                         1 00 kg of fish found to be on board in the vessel's hold after
                                        sorting
                Other species           By-catches of all other specie* may not be kept on board
                (including
                invertebrates)
 ---pagebreak--- 3. Number of licence* that may be issued for the various ICES sub-areas and divisions
                                                                   ICF.S nub-                   Compirle
                                                                              Number oí
                             Type of fiihtiiji                     Érr«· limi
                                                                               litem <*■
                                                                                                  li·« of
                                                                                                 «ruela
   (a) Vessels conducting hake fishing                                  VI         19 ('J           _
                                                                       VII         60 ( ')          –
                                                                      VIII         51 CX 2    )     –
   (b) Sardiners 'seiners less than 100 grt)                          VIII         40               71
   (c) Long-liners less than 100 grt                                 VIII a)        5               25
   (d) Fishing exclusively with rods from vessels not
        exceeding 50 grt                                              VIII         50
                -·   ·-*.·■   .                                                                     –
                                                                                                    –
ίβ ) luna fishing                                                   VI . VII. No limit
 ( f) vessels fishing for Rays'bream                              VI¥l\.      No limi
                                                                 h> j ) k >
   (') Figure fixed on the basis of a standard vessel with a brake horsepower of 700 bhp. The conver­
       sion 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   l > li|v oi nmrr, but  Iriu   than 800 blip                                                100
         K00   bhp or more,      but  less   than I 000 blip                                              I 0/
       1 000   bhj or more,      but  not   exceeding I 200 blip                                          Ml
       Over   I 200 bhp                                                                                   2-25
       Long-liners other than those specified in 1 (c)                                                    0 J3
       When applying these conversion factors to 'parcels' and 'trios' the horsepower of the individual
       vessels' engines are to be totalled.
( 2 ) the total number of Long Liners others than those referred
        to under c ) . authorized to fish in zone VIII shaLL be 15 .
 ---pagebreak---                                                      ANNEX H
                                                Spécial condition»
  1 . The fishing licence must be on board the vessel.
 2. The registration letters and numbera 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 letter* and numbera 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 ;
      33. the ICES statistical square in which the catches were made ;
      3.4. the fishing method used ;
      3.5. all radio messages transmitted in accordance with points 4 to 6.
 4. Information must he transmitted by the licensed vessel to the Commission of the European
      Communities at Brussels (telex address 24.18V FISEU-B) via one of the radio stations listed in
      point 6.1 and in accordance with the following timetable :
      4.1 . in the case of licences authorizing fishing for hake or sardines :
            4.1.1 . 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 regu­
                      lations ;
            4.1.2. 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 regu­
                      lations ;
            4.1.3 on each occasion the vessel moves from one ICES sub-area to another within the zones
                      a* defined in 4.1.1 and 4.1.2 ;
            4.1.4. on each occasion the vessel enters a Community p > rt ;
            4.1 . i. on each occasion the vessel leaves a Community port ;
            4.1.6 . at weekly intervals, in respect of the week beginning either on the date on which the
                     vessel first entered the zone referred to in 4.1.1 above or on the date on which the
                     vessel left one of the ports referred to in 4.1.5 above.
     4.2. where the licence authorizes fishing for anchovies :
            4.2.1 . on each occasion the vessel enters the 200 nautical mile fishing zone off the coasts of
                     the Member States, which is coveted by Community fisheries regulations ;
            4.2.2 . on each occasion the vessel leaves the 200 nautical mile fishing zone off the coasts of
                     thr Member Sintrn of the Community, which ii lovrinl l>y Community fisheries regu­
                     lations .
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 square ;
    5-2. the quantity (in kg) of each species of fish in the hold ;
 ---pagebreak---     5..V tin quantity ( ID kg) of each species caught since the previous transmission ;
    ?.4 tin - ICES statistical square in which the catches were taken ;
    5.V tin quantity (in kg) of each species transferred to other vessels since the previous transmis­
          sion .
6. The details provided for in point 5 must be transmitted in accordance with the following
   conditions :
   6.1 . all mrttnprs must be transmitted via a radio station on the list below :
          Niimt                                               Cull sign
          Ninth l-'orrland                                    CiNI'
          Humbcr                                              GKZ
          Cullcrcoats                                         GCC
          Wick                                                GKR
          Oban                                                GNE
          Portpatrick                                         GPK
          Anglesey                                            GLV
          Hfracombe                                           GIL                                              ,
          Niton                                               GNI
         Stonehaven                                           GND
          Portishead                                          GKA •
                                                              GKB
                                                              GKC
          Land s End                                          GLO
         Valenti »                                            F.IK
         Malin Head                                           EJM
          Boulogne                                            FFB
         Brest                                                FFU
         Saint-Nazaire                                        FFO
         Bordeaux-Arcachon                                    FFC
   62. If for reasons of force majeurt 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.
  éJ. Content of the message
         Messages transmitted under the provisions of the licence and in accordance with the time­
         table net out in point 4 must take into account the details required pursuant to point 5 and
         contain the following Information :
        – 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,
        – the geographical position and the ICES statistical square.
        – the < | II.II l ■ 1 1 y ( HI kg) of <-.u ll »| iciir-i ill llsli in llir lioliln uilllg till- loilr given ill |>i>lllt A.4,
        – the quantity (in kg) of each species caught since the previous transmission,
        – the ICES statistical square in which the catches were taken,
        – the quantity (in kg) of each species transferred to other vessels since the previous trans­
             mission,
        – the name, call sign, and, if applicable, the licence number of the vessel to which the
             transfer was made.
        – the namp of the skipper.
 ---pagebreak--- 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 (Rcinhardtius hippoglossoides)
      D.   Cod (GIHIII * morrhua)
      E.   Haddock ( Mrlnnogrnmmu.i aeglcfinus)
      F.   Halibut (Hippoglossus hippoglossus)
     G.    Mackerel (Scomber scombrus)
      H.   Horse-mackerel (Trat h urus trachurus)
      I.   Round-nose grenadier (Coryphaenoides rupestri«)
     J·    Saithe (Pollachius virens)
     K.    Whiting (Meriangus meriangus)
     L.    Herring (Clupea harengus)
     M.    Sandeel (Ammodytes sp)                *
     N.    Sprat (Clupea sprattus)
     O.    Plaice (Pleuronectes platessa)
     P.    Norway pout (Trisoptenn eamarkii)
     Q.    Liny ( Molva niulvu)
     R.   Other
     S.   Shrimp (Pandalidae)
     T.   Anchovy ( Engraulis encrassicholus)
     U.   Redfish (Sebastes sp)
    V.    American Plaice (Hypoglossoides platetsoides)
    W.    Squid (Illex)
    X.    Yellowtail (Limanda ferruginea)
    Y.    Blue whiting (Gadus poutassou)
    z.    Turn (Thunnidae)
    AA.   Blue ling (Molva dypterygia)
    BB .  Tmk ( Brosme brosmc)
    CC .  Dogfinh (Scyllorhimu re! i fer)
    DD .  Basking shark (Cetorhindae)
    EE.   Porbeagle ( l.amma nasus)
    PF .  Squid loli^o (Loligo vulgaris)
    GG .  Ray's bream (Brama brama)
    HH .  Sardine (Sardina pilchardus)