CELEX: 31978R3152
Language: en
Date: 1978-12-21 00:00:00
Title: Council Regulation (EEC) No 3152/78 of 21 December 1978 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 to 31 January 1979

No L 374/24                         Official Journal of the European Communities                             30. 12 . 78
                                       COUNCIL REGULATION (EEC) No 3152/78
                                                    of 21 December 1978
                 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 to 31 January
                                                             1979
  THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                       Whereas this set of measures must be taken without
                                                                   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                    Treaty,
  European Economic Community, and in particular
  Article 103 thereof,
                                                                  HAS ADOPTED THIS REGULATION :
  Having regard to the proposal from the Commission,
                                                                                          Article 1
, Whereas on 3 November 1976 the Council adopted a
  set of resolutions concerning certain external and
  internal aspects of the common fisheries policy;                The only catches which vessels flying the flag of Spain
                                                                  are authorized to make during the period 1 to 31
                                                                  January 1979 in the 200 nautical-mile fishing zones
  Whereas the Community and Spain have negotiated a               of the Member States convered by Community rules
   framework agreement on fisheries ;                             on fisheries are those set out in Annex I within the
                                                                  quantitative limits laid down therein and caught
                                                                  under the conditions laid down by this Regulation .
  Whereas the Commission has presented a proposal
  for the conclusion of that Agreement to the Council;
                                                                                          Article 2
  Whereas fishing by Spanish vessels in the fishing
  zones of the Member States covered by Community                 1 . Fishing shall be subject to the holding on board
  rules on fisheries is authorized until 31 December              of a licence, issued by the Commission on behalf of
   1978 pursuant to Council Regulation (EEC) No                   the Community, and to compliance with the
  2327/78 of 4 October 1978 laying down certain                   conservation and supervisory measures and other
  measures for the conservation and management of                 provisions governing fishing in the zones referred to
                                                                  in Article 1 .
  fishery resources applicable to vessels flying the flag
  of Spain, for the period 1 October to 31 December
  1978 (»);                                                       2. Subject to paragraph 3 and Article 4 being
                                                                  applied, licences valid on 31 December 1978 shall
                                                                  remain valid until 31 January 1979.
  Whereas consultations are now taking place between
  delegations of the Community and Spain on their                 3 . The licences referred to in paragraph 2 may be
   reciprocal fishing possibilities in 1979 ;                     cancelled so that new licences may be issued up to
                                                                  the number indicated in point 2 of Annex I. The
  Whereas any interruption of reciprocal fishing                  cancellation shall take effect on the day they are
  activities should be avoided pending the outcome of             surrendered to the Commission. Applications for new
  those consultations ;                                           licences must be submitted at the latest 10 days
                                                                  before the desired date of commencement of validity.
  Whereas in order to avoid the interruption of fishing
  by Spanish vessels in the fishing zones of the Member                                   Article 3
  States covered by Community rules on fisheries
  appropriate measures must be adopted before                      1 . When an application for a licence is submitted
  1 January 1979 ;                                                to the Commisson, the following information shall be
                                                                  supplied :
  (*) OJ No L 280, 5. 10. 1978, p. 16.                             (a) name of the vessel;
 ---pagebreak--- 30 . 12 . 78                          Official Journal of the European Communities                          No L 374/25
 ( b) registration number ;                                                             Article 5
( c) external identification letters and numbers ;
( d ) port of registration ;                                     1.    The captains of vessels holding a licence for the
                                                                 fisheries mentioned in subparagraph 2 ( a) of Annex I
(e) name and address of the owner or charterer ;                 must supply the information specified in the licence
 (f) gross tonnage and overall length ;                          to the Commission through a radio station in one of
                                                                 the Member States .
(g) engine power;
(h) call sign and radio frequency ;
                                                                 2.    Licences for other types of fisheries other than
( i) intended method of fishing,                                 tunny may be invalidated if the Commission does not
(j ) intended area of fishing;                                   receive by the fifth and 20th day of January
                                                                 information communicated by the competent
 ( k) species intended to be fished ;                            authorities of Spain concerning the catches made by
                                                                 each vessel and the landings made in each port
( 1) period for which a licence is requested.                    during the previous fortnight.
2. Each licence shall be valid for one vessel only.
When several vessels are taking part in the same
fishing operation, each vessel must be in possession                                    Article 6
of a licence.
3 . However, in the case of the fishing referred to              1 . In fishing for hake, total by-catches of cod,
in point 2 ( b), ( c) and (d) of Annex I, a single licence       haddock, whiting, pollack and saithe may not exceed
may be issued on request for two vessels whose                   3 % and the total of those of clupeid fish and
particulars shall be entered at the same time on the             Norway lobster (Nephrops norvegicus) may not
licence .
                                                                 exceed in total 5 % of catches on board a vessel .
                                                                 By-catches of sole and plaice shall be forbidden.
For each of the said types of fishing, the Spanish
authorities shall provide a list of vessels which shall
not exceed in number that fixed in the last column of            2. In fishing for sardines, by-catches of
point 2 of Annex I, specifying for which vessels a               horse-mackerel may not exceed, per vessel, 10 % by
licence or a joint licence is requested and , where              weight of the total catch or of any sample thereof of
appropriate, the period of validity requested.                   at least 100 kilograms in the hold after sorting;
                                                                 by-catches may not include fish of other species or
4. The captains of vessels holding a licence must                invertebrates .
respect the special conditions laid down in Annex II.
These conditions shall form part of the licence.
                                                                 3.    Tunny vessels may neither fish nor have on
In the case of tunny fishing, only points 1 and 2 of             board any species other than thunnidae, with the
those special conditions must be observed.                       exception of anchovies intended as live bait.
5 . A vessel fishing in accordance with this
Regulation may hold only one licence.
                                                                                        Article 7
                          Article 4
                                                                 1.    Fishing by means of gill nets shall be prohibited.
1.     The period of validity of the licences shall
expire as soon as it has been established that the
                                                                 2 . , The vessels may have on board no fishing gear
quantities laid down in point 1 of Annex I have been             other than that necessary for the fishing authorized.
fished .
2. No licences shall be issued for a period of three             3 . However, tunny vessels fishing for tunny with
months to vessels not respecting the obligations laid            live bait are hereby authorized to have on board the
down in this Regulation.                              \          fishing gear necessary to that end.
 ---pagebreak--- No L 374/26                      Official Journal of the European Communities                            30 . 12. 78
                      Article 8                                                      Article 9
1 . Fishing may not take place in a zone, within            This Regulation shall enter into force on the day of
ICES divisions VI and VII, situated south of                its publication in the Official Journal of the
56°30' N, east of 12° W and north of 50°30' N.              European Communities.
2. The fishing referred to in point 2 ( d) of Annex I
may not take place east of 1°48' W.                         It shall be applicable from 1 to 31 January 1979 .
            This Regulation shall be binding in its entirety and directly applicable in all Member
            States .
            Done at Brussels, 21 December 1978 .
                                                                                  For the Council
                                                                                   The President
                                                                              Otto Graf LAMBSDORFF
 ---pagebreak--- 30 . 12. 78                               Official Journal of the European Communities                                              No L 374/27
                                                                    ANNEX I
            1 . Fishing quotas for the period 1 to 31 January 1979
                                                  Species
                                                                                                    ICES                  Quantity
                                                                                                  division                 (tonnes)
                 Hake                                                                             VI                         176
                                                                                                  VII                        600
                                                                                                  VIII                       724
                 Other species taken as by-catches of hake fishing in
                 accordance with Article 6 ( 1)                                                   VI                      . 352
                                                                                                  VII                    1 200
                                                                                                  VIII                   1 448
            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 ft
                                                                              VII                 104 i1)
                                                                              VIII                  99 (*)
                (b) Sardines (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                                                  VI, VII , VIII                    No limit
                (x) 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                                                  1-00
                      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--- No L 374/28                           Official journal of the European Communities                                30 . 12. 78
                                                            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
                superstructure 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
                operation :
                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
                      transmission .
           6. The details provided for in point 5 must be transmitted in accordance with the following
                conditions :
                6.1 . Every message relating to the fishing licence must be preceded by the words 'Pêcheur
                      Brussels'.
 ---pagebreak--- 30. 12. 78                        Official Journal of the European Communities                             No L 374/29
           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
                 timetable set out in point 4 must take into account the details required pursuant to
                 point 5 and contain the following information:
                — the code 'Pécheur 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,
                 — the geographical position and the ICES statistical rectangle,
                 — the quantity (in kg) of 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
                      transmission,
                 — 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--- No L 374/30                       Official Journal of the European Communities                   30 . 12 . 78
            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 morhua),
                 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 encrasicolus).