CELEX: 51992PC0503(02)
Language: en
Date: 1992-12-01
Title: Proposal for a COUNCIL REGULATION (EEC) fixing, for 1993, certain measures for the conservation and management of fishery resources, applicable to vessels flying the flag of a Member State, other than Spain and Portugal, in waters falling under the sovereignty or within the jurisdiction of Spain

COMMISSION OF THE EUROPEAN COMMUNITIES
                                                 COM(92) 503 final
                                                 Brussels, 1 December 1992
                                  Proposal for a
                            COUNCIL REGULATION (EEC)
 fixing, for 1993, certain measures for the conservation and management
     of fishery resources, applicable to vessels flying the flag of a
      Member State, other than Spain and Portugal, in waters falling
        under the sovereignty or within the jurisdiction of Portugal
                                  Proposal for a
                            COUNCIL REGULATION (EEC)
    establishing, for 1993, certain measures for the conservation and
       management of fishery resources, applicable to vessels flying
         the flag of a Member State, other than Spain and Portugal,
            in waters falling under the sovereignty or within the
                              jurisdiction of Spain
                                 Proposal for a
                            COUNCIL REGULATION (EEC)
 fixing, for 1993, certain measures for the conservation and management
      of fishery resources, applicable to vessels flying the flag of
         Portugal  in waters falling under the sovereignty or within
             the jurisdiction of Member States, apart from Spain
                                   and Portugal
                         (presented by the Commission)
 ---pagebreak---                              EXPLANATORY MEMORANDUM
The accession arrangements provide that vessels of Member States, with the
exception of Spain and Portugal, shall be allocated fishing possibilities
in waters falling under the sovereignty or within the jurisdiction of
Portugal, for a certain period and under certain conditions; it has also
been provided that the number of vessels authorized to fish in these waters
should be fixed annually, and that rules governing their access thereto
should be laid down.
The purpose of this proposal for a Regulation, in accordance with
Article 351 of the Act of Accession of Spain and Portugal, is to establish,
for 1993, the quantities of fish which may be taken by vessels of Member
States, with the exception of Spain and Portugal, in waters falling under
the sovereignty or within the jurisdiction of Portugal, the numbers of such
vessels, the type of fishing gear to be used and the period of fishing
authorization for each species.
This   proposal   replaces   Council   Regulation   (EEC)  No  3893/91   of
17 .12. 1991 (!).
(1) O.J. No. L 367 of 31.12.1991, p. 87.
                                                                            i
                                                                            -
 ---pagebreak---                         COUNCIL REGULATION (EEC) No       /
                                           Of
  fixing, for 1993, certain measures for the conservation and        management of
  fishery resources, applicable to vessels flying the flag of a Member State,
  other   than   Spain    and    Portugal,    in   waters    falling   under   the
  sovereignty or within the jurisdiction of Portugal
  THE COUNCIL OF THE EUROPEAN COMMUNITIES,
  Having regard to the Treaty establishing the European Economic Community,
  Having  regard  to  the Act   of   Accession  of Spain   and  Portugal,  and  in
  particular Article 351 thereof,
  Having regard to the proposal from the Commission,
  Whereas, pursuant to Article 351 of the Act of Accession, it is for the
  Council to fix the fishing possibilities and the corresponding number of
  Community vessels which may fish in the waters referred to in that Article;
  Whereas these possibilities are determined, with respect to pelagic species
  not subject to the system of total allowable catches          (TAC) and quotas,
  other than highly migratory species, on the basis of the situation of the
  fishing activities of the Member States apart from Spain, in Portuguese
  waters for the period prior to accession; whereas there is a need to ensure
  stock conservation, taking account moreover of the limits placed on fishing
  by Portuguese vessels for similar species in waters of the Member States,
  apart from Spain;
  Whereas, for 1993, no fishing possibilities for species not subject to TACs
  and quotas are granted to Portugal in the waters of the Member States apart
  from Spain;
  Whereas the specific conditions governing the fishing activities of vessels
  exploiting   stocks   of    highly   migratory    species,   for   which   catch
  possibilities  are   granted,   should   be  laid   down,  whereas   the  limits
  concerning the zones and the periods of fishing of these vessels are laid
  down by Article 351(2), (3) and (4) of the Act of Accession;
>
 ---pagebreak--- Whereas the fishing activities covered by this Regulation are subject to
the   control   measures   provided   for   by   Council   Regulation   (EEC)
No 2241/87 (!), as amended by Regulation    (EEC) No 3483/88 (2)    as well as
to the specific detailed    rules drawn up in accordance with the      second
subparagraph of Article 351(5) of the Act of Accession,
HAS ADOPTED THIS REGULATION :
                                   Article 1
The number of vessels flying the flag of a Member State other than Spain
and Portugal, authorized to fish in waters falling under the sovereignty
or within the jurisdiction of Portugal, as provided for in Article 351 of
the Act of Accession and the procedures for access, shall be as set out in
the Annex.
                                   Article 2
This regulation shall enter into force on 1 January 1993.
It shall be applicable until 31 December 1993.
This Regulation shall be binding in its entirety and directly applicable
in all Member States.
Done at Brussels,
                                            For the Council,
                                             The President,
(1) OJ N° L 207, 29.7.1987, p. 1.                                              M
(2) OJ N° L 306, 11.11.1988, p. 2.
 ---pagebreak---          EEC - PORTUGAL                              ANNEX
         Species          Quantity         Zones              Authorized      Total number of     Period of
                          (tonnes)          (1)              fishing gear         vessels (3)      fishing
                                                                                                 authorization
    Albacore tuna        Unlimited X and CECAF               Troll line            110 (France) Between 2/6
   (Thunnus alalunga) [                                                            (2)          and 28/7
                                   X (to the south of
                                      36°30*N)
                       I           CECAF (to the south of    All except
    Tropical tuna      jUnlimited  31°N and to the north     gill-nets            Unlimited       Year round
                                   of 31°N to the west of
                       i
                       i           17°30'W)
                       1
    Other tunas        1 Unlimited IX                      | All except           Unlimited       Year round
                                                           I gill-nets
(1) Waters falling under the sovereignty and within the jurisdiction of Portugal.
(2) Not exceeding 26 m in length between perpendiculars.
(3) Authorized to carry out fishing activities simultaneously.
J
 ---pagebreak---                             EXPLANATORY MEMORANDUM
The accession arrangements provide that vessels of the Member States, with
the exception    of   Spain  and     Portugal, shall be   allocated  fishing
possibilities in Atlantic waters falling under the sovereignty or within the
jurisdiction of the Kingdom of Spain and covered by the ICES, for a certain
period and under certain conditions, that the number of vessels authorized
to fish in these waters should be fixed annually and that the rules
governing access thereto should be laid down.
The purpose of this proposal for a Regulation is to establish, for 1992, the
quantities of fish which may be taken by vessels of the Member States, with
the exception of Spain and Portugal, in waters falling under the sovereignty
or within the jurisdiction of the Kingdom of Spain and covered by the ICES,
the number of such vessels, the type of fishing gear to be used and the
period of fishing authorization for each species.
This proposal replaces Council Regulation (EEC) N 3891/91 of 17 December
1991 ( M   and completes the technical measures established by Council
Regulation (EEC) No. 3716/85 < 2 ) .
(1) O.J. No. L 367 of 31.12.1991, p. 77.
(2) O.J. No. L 360 of 31.12.1985, p. 7.
                                                                             tf-
 ---pagebreak---                           Council Regulation (EEC) N
                                        of
establishing,    for   1993,   certain    measures  for   the   conservation   and
management of fishery resources, applicable to vessels flying the flag of
a Member State, other than Spain and Portugal, in waters falling under the
sovereignty or within the jurisdiction of Spain
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to the Act of Accession of Spain and Portugal, and in
particular Article 164 thereof,
Having regard to the proposal from the Commission,
Whereas, pursuant to Article 164 of the Act of Accession, it is for the
Council to fix the fishing possibilities and the corresponding number of
Community vessels which may       fish in Atlantic waters falling under the
sovereignty  or   within   the   jurisdiction   of  Spain   and  covered   by  the
International Council for the Exploration of the Sea (ICES);
Whereas  these   possibilities     are  determined,   with   respect   to  species
subject to the system of total allowable catches (TACs) and quotas, on the
basis of the fishing possibilities allocated and, with respect to species
not  subject  to   the  TAC  and    quota  system,  according   to   the  relative
stability of stocks and the need to ensure their conservation;
Whereas specialized fishing activities shall be carried out with the same
quantitative limits as those specified for Spanish vessels authorized to
carry out their fishing activities in the waters of Member States apart
from Portugal;
                                                                                   f
 ---pagebreak--- Whereas the specific conditions governing the fishing activities of such
vessels should be laid down,
Whereas the fishing activities covered by this Regulation are subject to
the   control   measures  provided    for  by   Council   Regulation    (EEC)
            1                                                2
N 2241/87 ( >, as amended by Regulation    (EEC) N 3483/88 ( ), as well as
to the specific procedures drawn up in accordance with Article 164(4) of
the Act of Accession,
HAS ADOPTED THIS REGULATION :
                                   Article 1
The number of vessels flying the flag of a Member State of the Community,
other than Spain and Portugal, authorized to fish in waters falling under
the sovereignty or within the jurisdiction of Spain as provided       for in
Article 164 of the Act of Accession and the procedures governing access,
shall be as set out in the Annex.
                                   Article 2
This Regulation shall enter into force on 1 January 1993.
It shall be applicable until 31 December 1993.
This regulation shall be binding in its entirety and directly applicable
in all Member States.
Done at Brussels,
                                                     For the Council,
                                                      The President
(1) JO N° L 207, 29.7.1987, p. 1.
(2) OJ N° L 306, 11.11.1988, p. 2.
                                                                              H
 ---pagebreak---                                                                                                               ANNEX
                                                           EEC - SPAIN
                                                       I. General fishing
       •
                                                                                  Total number of vessels         Period
      Species                       ICES zone     Authorized fishing gear                                       of fishing
                                       (1)                                     Basic list      Periodic list   authorization
      Hake                          VIII, IX   Long-lines, trawls                                               year-round
     (Merluccius                               (vessels over 100 grt)
      merluccius)
      Monkfish                      VIII, IX                Trawl                                               year-round
     (Lophius piscatorius)
     (Lophius boudegassa)
                                                                               )    10        )      5 (2)
      Megrim                        VIII, IX                Trawl              ) (France)     )   (France)      year-round
     (Lepidorhombus whiffiagonis)
     (Lepidorhombus boscii)
      Norway lobster                VIII,                   Trawl                                               year-round
     (Nephrops norvegicus)          IX
      Pollack                       VIII,                   Trawl                                               year-round
     (Pollachius pollachius)        IX
(1) Waters falling under the sovereignty and within the jurisdiction of the Kingdom of Spain.
(2) Total number of standard vessels per Member State; standard vessel means a vessel having a brake horsepower equal to 700
    horsepower (BHP). The conversion rates for vessels having a different engine power are the same as those defined in
    Article 158(2) of the Act of Accession..
 ---pagebreak---                                                                                                       (CEE —    ESPAGNE) suite
                                                      II. Specialized fishing
                                                                                Total number of vessels          Period
  Species                       ICES zone     Authorized fishing gear                                          of fishing
                                  (1)                                         Basic list    Periodic list     authorization
  All                           VIII,IX    Long-lines                            25           10               year-round
                                           (vessels under 100 grt)
                                           Rods
                                           (vessels under 50 grt)                 -           64               year-round
                                                                                                                            1
  Anchovy                       VIII       Seine                                              40 (France)    between 1/3
 (Engraulis encrasicholus)                                                                                   and 30/6
 as main catch
  Anchovy                       VIII       Seine                                              20 (France)    between 1/7
 (Engraulis encrasicholus)                                                                                   and 31/10
 as live bait
  Sardine                       VIII       Seine                                  71          40 (France)    between 1/1
 (Sardina pilchardus)                      (vessels under 100 grt)               (France)                    and 29/2 and
                                                                                                             between 1/7
                                                                                                             and 31/12
                                                                            Authorized                          Period
                                Quantity              ICES                    fishing        Total number     of fishing
 Species                        (tonnes)           zone (1)                   vessels         of vessels     authorization
  Thunnidae                    unlimited           VIII, IX                 All except        unlimited       year-round
                                                                              gillnets
(1) Waters falling under the sovereignty and within the jurisdiction of the Kingdom of Spain.
 ---pagebreak---                             EXPLANATORY MEMORANDUM
The accession arrangements provide that Portuguese vessels shall be
allocated fishing possibilities in the waters of certain ICES divisions
falling under the sovereignty or within the jurisdiction of the Member
States, with the exception of Spain and Portugal, for a certain period and
under certain conditions, and that Portugal shall be granted certain
fishing possibilities limited to catches of blue whiting and horse
mackerel; it has also been provided that the number of Portuguese vessels
authorized to fish in these waters should be fixed annually and that rules
governing their access thereto should be laid down.
The purpose of this proposal for a Regulation, in accordance with
Article 349 of the Act of Accession of Spain and Portugal, is to establish,
for 1993, the quantities of fish which may be taken by Portuguese vessels
in waters falling under the sovereignty or within the jurisdiction of the
Member States, with the exception of Spain and Portugal, the numbers of
such vessels, the type of fishing gear to be used and the period of fishing
authorization for each species.
This   proposal   replaces   Council   Regulation   (EEC)   N  3984/91   of
17.12.1991 (!>.
(1) O.J. No L 367 of 31.12.1991, p. 89
                                                                            A
 ---pagebreak---                            C&mCIL REGULATION (BEC) M
                                     of
fixing, for 1993,     certain mesures for the conservation And        «tanagemeitt
of fishery resources, applicable to vessels flying the flag of Portugal
in waters falling under the sovereignty or within the jurisdiction of
Member States, apart from Spain and Portugal
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having   regard    to   the   Treaty   establishing    the   European    Economic
Community,
Having regard to the Act of Accession of Spain and Portugal, and in
particular Article 349 thereof,
Having regard to the proposal from the Commission,
Whereas, pursuant to Article 349 of the Act of Accession, it is for the
Council to decide on the fishing possibilities and the corresponding
number of Portuguese vessels authorizes to fish in the waters referred
to in paragraph 1 of that Article;
Whereas, pursuant to Article 349 (2), fishing possibilities for catches
of blue whiting and horse mackerel are granted to Portuguese vessels;
whereas the number of these vessels and the procedures for their access
and control should be fixed annually;
Whereas fishing possibilities for species not subject to the system of
total allowable catches and the corresponding number of vessels should
be determined    on the basis of the situation of           Portuguese    fishing
activities in the waters of the Member States apart from Spain for the
period  prior   to   accession; whereas     there  is a need     to ensure    the
conservation   of   stocks   taking   into   account  the   limits   imposed    on
fishing   for similar     species  in   Portuguese   waters   by  vessels   of   a
Memeber State other than Spain;
                                                                                   Al
 ---pagebreak---                                       - 2 -
Whereas    the  specific    conditions   governing  the   fishing   activities
referred to in Article 349 of the Act of Accession should be laid down;
Whereas the fishing activities covered by this Regulation are subject
to   the     control    measures    provided    for   by   Regulation     (EEC)
N 2241/87 (!), as amended by Regulation (EEC) N° 3483/88 ( 2 ), as well
as to the specific detailed        rules drawn up    in accordance with     the
second subparagraph of Article 349 (5) of the       Act of Accession,
HAS ADOPTED THIS REGULATION :
                                       Article 1
The number of vessels flying the flag of Portugal authorized to fish in
waters   falling under the sovereignty       or within   the  jurisdiction of
another Member States, other than Spain and Portugal, as provided for
in Article 349 of the Act of Accession, the procedures for access and
the catch possibilities for certain species shall be as set out in the
Annex.
                                  Article 2
This Regulation shall enter into force on 1 January 1993.
It shall be applicable until 31 December 1993.
This   regulation    shall   be  binding    in  its  entirety   and   directly
applicable in all Member States.
Done at Brussels,
                                                 For the Council,
                                                  The President
(1) OJ N° L 207, 29.07.1987, p. 1.
(2) OJ N° L 306, 11.11.1988, p. 2.
                                                                                  1"S
                                                                                •'I
 ---pagebreak--- >
                                                                   PORTUGAL - EEC                              ANNEX
                         Species        Quantity     ICES        Authorized     Total number of      Period of
                                          (t)        zone       fishing gear         vessels          fishing
                                                                                                    authorization
                    Blue whiting         3 000    Vb, VI,VII,    Pelagic                5 (3)        Year round
                   (Micromesistius                Villa,b,d       trawl                 2 (4)
                    poutassou)                     (1) (2)
                    Horse mackerel       3 000    Vb, VI, VII    Pelagic                6 (3)        Year round
                   Trachurus trachurus            Villa,b,d       trawl                 4 (4)
                                                   (1) (2)
                    Thunnidae          unlimited  Vb, VI, VII   All except          unlimited        Year round
                                                  Villa,b,d     gill-nets
                                                    (1) (2)
(1) Except for the zone to the south of latitude 56°30' North, to the east of longitude 12° West and to the north of latitw*»
    50°3O' North.
(2) Waters falling under the sovereignty and within the jurisdiction of Member States of the Community other than Spain and
    Portugal.
(3) Total number (basic list) of standard Portuguese vessels; standard vessel means a vessel having a brake horsepower dq^Mll t»
    700 horsepower (BHP). The conversion rates for vessels having a different engine power are the same as those defined ift
    Article 158(2) of the Act of Accession.
(4) Total number of Portuguese vessels authorized to carry out fishing activities simultaneously (periodic list).
 ---pagebreak---                                                                      ISSN 0254-1475
                                                              COM(92) 503 final
                                                      DOCUMENTS
EN                                                                              03
                                 Catalogue number : CB-CO-92-524-EN-C
                                                             ISBN 92-77-50034-4
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