CELEX: 51994PC0581(03)
Language: en
Date: 1994-12-07
Title: Proposal for a COUNCIL REGULATION (EC) fixing, for 1995, certain mesures 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

COMMISSION OF THE EUROPEAN                               COMMUNITIES
                                                COM(94) 581 final
                                                Brussels, 07.12.1994
                                 Proposal for a
                            COUNCIL REGULATION (EC)
fixing, for 1995, 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 (EC)
establishing, for 1995, 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 (EC)
  fixing, for 1995, certain mesures 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---  ---pagebreak---                                  Proposal for a
                            COUNCIL REGULATION (EC)
fixing, for 1995, 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
 ---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 1995, 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 rolls over the provisions set out by Council Regulation (EC)
No 3678/93 of 20.12.1993 ( 1 ) .
 (1) O.J. No. L 341 of 31.12.1993, p. 3)
 ---pagebreak---                         COUNCIL REGULATION (EC) No       /
                                          of
fixing, for 1995, 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 UNION,
Having regard to the Treaty establishing the European 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   it  is   therefore  necessary  to  establish    principles   and  certain
procedures   at Community level so that each Member State can assure the
management of the fishing activities of vessels flying its flag;
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 1995, 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;
                                                                             ®
 ---pagebreak--- 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;
Whereas the fishing activities covered by this Regulation are subject to
the    control    measures   provided    for   by   Council   Regulation    (EC)
No 2847/93 ^    , 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 1995.
 It shall be applicable until 31 December 1995.
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 261, 20.10.93, p. 1
                                                                             ©
 ---pagebreak---           EC - PORTUGAL                               ANNEX
  I                     1          I                        I              I                    1              1
  |       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) jBetween 2/6    |
  j (Thunnus alalunga) |           |                        |              |       (2)          |and 28/7      |
  |                     j          | X (to the south of     |               |                   |               |
  I                     I          j    36°30'N)            j              j                    j              |
  |                     |          | CECAF (to the south of j All except    |                   j              j
  | Tropical tuna       |Unlimited | 31°N and to the north  | gill-nets     |     Unlimited     |  Year round  (
  j                     j          j of 31°N to the west of j              j                    j              j
   I                    I          I 17°30'W)               |      |                                  |        j
   | Other tunas        [Unlimited | IX                     | All except    |     Unlimited     |  Year round  |
   |                    |     |                             | gill-nets     |                   |              |
  l                     l_         l                        I              1                    l             l
(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.
 ---pagebreak---                                  Proposal for a
                            COUNCIL REGULATION (EC)
establishing, for 1995, 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
 ---pagebreak---                                 EXPLENATORY 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; furthermore, it has been provided 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 1995, 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 rolls over the provisions set out by Council Regulation (EC)
    No.   3679/93     of 20.12.1993 f1) and completes    the technical   mesures
    established by Council Regulation (EEC) No. 3716/85 < 2) .
     (1) O.J. No. L 341 Of 31.12.1993, p. 40
     (2) O.J. N o . L 360 of 31.12.1985, p. 7.
12)
                                                                            ©
 ---pagebreak---                             Council Regulation (EC) N
                                          of
establishing, for 1995, 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 UNION,
Having regard to the Treaty establishing the European 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    it  is   therefore   necessary    to  establish   principles   and  certain
procedures    at Community     level  so that   each Member    State  can assure   the
management of the fishing activities of vessels flying its flag;
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,-
                                                                                  (3
 ---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) N 2847/93 (*) , 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 1995.
It shall be applicable until 31 December 1995.
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 261, 20.10.93, p. 1
 ---pagebreak---                                                                                                                  ANNEX
                                                                EC - SPAIN
                                                            I. General fishing
    I                              1             I                             I                               1                1
    |                                |       |                                   |    Total number of vessels    |    Period     |
    | Species                        | ICES zone |     Authorized fishing gear   |              1                1 of fishing |
    |                                |    (1)      |                             | Basic list | Periodic list    | authorization!
    | Hake                           | VIII, IX    |Long-lines, trawls           | )            | )              j year-round    |
    |(Merluccius                   |             |(vessels over 100 grt)       | )             | )             |                |
    I merluccius)                  |             |                             | )             | )             |                |
    j Monkfish                     j VIII, IX    j               Trawl         j )             | )             j year-round     j
    I(Lophius piscatorius)         |             |                             I )             I )             I               I
    I(Lophius boudegassa)          |             |                             | )             | )             |               |
    |                                1             1                             1 )    10      j )    5   (2)   |              1
    | Megrim                         | VIII, IX    |              Trawl          | ) (France)   | ) (France)     j year-round j
    |(Lepidorhombus whiffiaqonis) |              |                             I )             I )             I               j
    I(Lepidorhombus boscii)        |             |                             | )             j )             j               j
     | Norway lobster                | VIII,       |              Trawl          | )           | )              j year-round |
    |(Nephrops norvegicus)         | IX          |                             | )             | )             j               j
    | Pollack                        | VIII,       |             Trawl          | )            j )              j year-round    j
    j (Pollachius pollachius)      | IX          |                             | )             | )             j                j
(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---                                                                                                              (EC --    SPAIN!
                                                           II. Specialized fishing
  I                              1            i                            '   i                                   i             : i
  |                               |        |                                    |     Total number of vessels       |     Period    |
  | Species                       | ICES zone |    Authorized fishing gear      |               1                   1 of fishing |
  |                               |     (1)    |                                |   Basic list | Periodic list      | authorization!
  j All                          j VIII,IX    |Long-lines                      j       25       j    10             j year-round    |
  |                               |            |(vessels under 100 grt)         |               |                   |               |
  j                              I            |Rods                            |              j                      |             j
  |                               I I ( v e s s e l s     under 50 grt)         |       -       |    64             | year-round    |
  | Anchovy                       | VIII       |Seine                           |               |    40 (France)    |between 1/3    |
  |(Engraulis encrasicholus)    |             |                                |                |                  |and 30/6       |
  | as main catch                  |           |                                I                I                  I               I
  | Anchovy                       | VIII       |Seine                           |               |    20 (France)    |between 1/7    |
  I(Engraulis encrasicholus)    |             |                                |                |                  |and 31/10      j
  |as live bait                 |             |                                I                I                  I               I
  j Sardine                      | VIII       |Seine                           |        71      j   40 (France)    jbetween 1/1    j
  |(Sardina pilchardus)         |             |(vessels under 100 grt)         |       (France)|                   |and 28/2 and   |
  |                               |       |                                     |        |                          |between 1/7    |
  j                              |        |                                    |         |                         jand 31/12      j
                                                                                  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---                              Proposal for a
                        COUNCIL REGULATION fFC)
fixing, for 1995,  certain mesures 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
                                                                      •41
 ---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 1995, 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 rolls over the provisions set out by Council Regulation (EC)
Nr. 3677/93 of 20.12.1993 ( 1 ) .
 (1) O.J. No L 341 of 31.12.1993, p. 36
 ---pagebreak---                            COUNCIL REGULATION (EC) N
                                     of
fixing, for 1995,   certain mesures 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
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European 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  it  is  therefore   necessary  to  establish   principles   and  certain
procedures  at Community level so that each Member State can assure the
management of the fishing activities of vessels flying its flag;
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;
 ---pagebreak--- 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 2847/93 (!), 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 1995.
It shall be applicable until 31 December 1995.
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 261 of 20.10.93, p. 1
 ---pagebreak---                                                                          PORTUGAL - EC                                ANNEX
                  I                    1            I             I                 I                   I                 1
                  |       Species        | Quantity |    ICES       |  Authorized     | Total number of   | Period of      |
                  |                      |    (t)     |  zone       | fishing gear    |      vessels      |   fishing      |
                  |                      I        I        I                          I                   I authorization |
                  | Blue whiting         j  3 000     jvb, VI,VII, j   Pelagic        j         5(3)      j  Year round   j
                  |(Micromesistius     |            |VIIIa,b,d    |     trawl       |           2(4)    |                 |
                  | poutassou)           |            | (1) (2)     |        |                                    |        |
                   j Horse mackerel     j   3 000   jvb, VI, VIIj      Pelagic       j          6 (3)   | Year round      j
                   |Trachurus trachurus|            |villa,b,d |        trawl       |           4(4)    |                 |
                   I                    |            | (1) (2) |                     j                  |                 |
                   | Thunnidae           |unlimited |vb, VI, VII| All except          |     unlimited     |  Year round   |
                   |                     |            |villa,b,d | gill-nets          |                   |               |
                   I                    |           | (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 latitude
    50°30* 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 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.
(4) Total number of Portuguese vessels authorized to carry out fishing activities simultaneously (periodic list) .
 ---pagebreak---  ---pagebreak---                                                                      ISSN 0254-1475
                                                              COM(94) 581 final
                                                      DOCUMENTS
EN                                                                              03
                                Catalogue number : CB-CO-94-606-EN-C
                                                             ISBN 92-77-83361-0
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