CELEX: 51978PC0069
Language: en
Date: 1978-02-15
Title: PROPOSAL FOR A COUNCIL REGULATION laying down certain interim measures for the conservation and management of fishery resources applicable to vessels flying the flag of Spain for the period from 21 February to 31 May 1978. (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (78) 69
Vol. 1978/0025
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 ---pagebreak---          COMMISSION OF THE EUROPEAN COMMUNITIES
                                                           COM(78)69 final.
                                                           Brussels , 15 February 197^
                          PROPOSAL FOR A COUNCIL REGULATION
                       laying down certain interim measures for
                       the conservation and management of fishery
                       resources applicable to vessels flying the
                       flag of Spain for the period from 21 February
                                     to 31 May 1978 .
                    ( submitted to the Council by the Commission )
pOM(78 ) 69 final .
 ---pagebreak---                          EXPLANATORY MEMORANDUM
As the Council did not arrive at a decision upon the Commission 's proposals
for an internal fisheries policy on 31 January 1978 and extended the rules
applicable to fishing by Spanish vessels until only 20 February 1978 , it is
now necessary to extend once more this interim arrangement in order to avoid
an interruption of fishing .
The regulation which is the subject of the present proposal is intended to
extend the interim regime applicable to Spanish vessels until 31 May 1978 .
This will allow , on the one hand , a more balanced allocation of the total
allowable catches foreseen for 1978 , and on the other hand full use by Spain
of its anchovy quota .
 ---pagebreak---                         COUNCIL REGULATION (SEC ) N°    /78
                             of
                  laying down certain interim measures for
                  the conservation and management of fishery-
                  resources applicable to vessels flying the
                  flag of Spain for the period from 21 February
                                  to 31 May 1973 .
THE C0U1TCIL OP THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Community,
Having regard to the Act of Accession,
Having regard to the proposal from the Commission,
Whereas the Council adopted on 3 November 1976 a set of resolutions concerning
certain external and internal aspects of the common fisheries policy ;
Whereas the Council most recently extended until 20 February 1978 certain
provisions concerning the application to vessels flying the flag of Spain
of Council Regulation (EEC ) N° 373/77 of 24 February 1977 » laying down certain
interim measures for the conservation and management of fishery resources
applicable to vessels flying the flag of certain non-member countries ( l ) by
Regulation (EEC ) N° 204/78 ( 2);
Whereas , pending the imminent conclusion of a framework agreement between
the Community and Spain, it is necessary to lay down interim measures for a
further period :
Whereas control of fishing           can only be effective through means of
fishing licences which can be withdrawn in the event of irregularities or
the exhausting of the quotas fixed ;
Whereas management of the interim rules provided for requires the Commission
to be informed of fishing activity by the vessels concerned , fishing effort
realised , and any detected irregularities ;
Whereas the rules provided for in the present Regulation have been established
taking due account of the provisions currently governing fishing and fish product
HAS ADOPTED THIS REGULATION :
                                                                       • •/• • •
 fl) OJ N° L 53, 25.2.1977 , P 1
 ( 2) OJ F L 29 , 1.2.1978. p 3
 ---pagebreak---                                     Article 1
       The only catches which vessels flying the flag of Spain are authorized
to make in the 200 nautical mile fishing zones of the Member States situated
off the Horth Sea and Atlantic coasts and covered by Community rules on
fisheries are those of the species for which the quantitative limits are
laid down in the Annex, taken under the conditions laid down by the present
Regulation#
                                    Article 2
1#     Fishing shall be subject to the granting of a licence by the Commission
on behalf of the Community and to compliance with the conservation and super­
visory measures and other provisions governing fishing in the zones referred
to in Article 1 «
2m     Pishing quotas , the number of licences which can be granted to vessels
flying the flag of Spain, and the maximum number of vessels in possession of
a licence which may fish at the same time within a particular zone , are laid
down in the Annex#
                                    Article 3
1*     When an application for a permit is submitted to the Commission, the
following information shall be supplied :
       ( a) name of the vessel :
       (b ) registration number ;
       ( c ) external identification letters and numbers ;
       ( d)  port of registration;
     c (e)   name and address of the owner or charterer;
       ( f)  gross tonnage and overall length;
       ( g)  engine power ;
       (h)   call sign and radio frequency;
       (i)   intended method of fishing;
       (j)   intended area of fishing;
       (k)   species intended to be fished;
       (l )  period for which a permit is requested.
                                                                     • •/••
 ---pagebreak---                                     -  3   -
  2.    Each permit shall be valid for one vessel only#     When several vessels
  are taking part in the same fishing operation , each vessel must he in
  possession of a permit .
  3.    However , permits shall not he issued to individual vessels fishing for
  anchovy ; the maximum number of permits , identified "by a serial number , shall
  be issued to the Spanish authorities who shall pass them on to the fishermen
  concerned .
 When an application is made for a permit the information referred to in
 paragraph 1 shall be provided in respect of each vessel fishing for anchovy.
  4.    A vessel fishing in accordance with this Regulation may only hold one
 permit •
                                    Article 4
        The Commission may decide that fishing under the present Regulation is
  subject to the presentation of fishing plans and to the approval of these
 plans by the Commission.
                                    Article 5
        A permit holder must supply the information specified in the permit
 to the Commission through a radio station in one of the Member States , and
 in particular the position of the vessel and catches by species .
                                    Article 6
 1.     By-catches made while fishing directly for hake may not exceed twice
'the catches of hake per vessel ? hauls of cod, haddock , whiting, pollock and
 coalfish may not exceed yfo and those of clupeid fish and nephrops ( nephrops
 norvegicus) not more than 5% of catches on board a vessel . By-catches of
 sole and plaice are forbidden .
                                                                           • •/• • •
 ---pagebreak---                                        -  4  -
  2#       By-catches "by a vessel fishing for anchovy may not exceed , per vessel ,
  ICtfo of the total volume of pelagic fish species or of any sample thereof of
  at least 100 kg of fish on board after sorting or below deck ; they may not
  include bottom-dwelling fish species#
                                       Article 7
  1«       The period of validity of the licences expires as soon as it has been
  established that the quantities laid down in paragraph 1 of the Annex have
  been fished ,
  2»       In addition, licences for anchovy fishing may be invalidated if the
  Commission does not receive on the fifth and twentieth day of each month
  information concerning the catches made by each vessel and the landings
  made in each port daring the previous fortnight ;     this  information shall be
  communicated by the competent Spanish authorities .
                                       Article 8
           The competent authorities in each Member State shall inform the
 Commission within twenty-four hours
       ( a) of each incident which occurs in the course of fishing by a Spanish
            vessel ;
       (b ) of any non-compliance which has been the subject of sanctions ,
            indicating the name of the vessel concerned and any precautionary
            and final measures taken *
                                       Article 9
           In tne event of non-compliance , and in particular if the conditions
. provided for under the present Regulation are not respected , the licence
  shall be withdrawn by the Commission#
                                                                           • •/• • •
 ---pagebreak---                                  -  5    -
                                 Article 10
      This Regulation shall enter into force on 21 February 197 8«
      It shall apply until 31 May 197 3•
This Regulation shall be binding in its entirety and directly applicable in
all Member States .
Done at Brussels ,            197°
                                                    For the Council
                                                     The President
 ---pagebreak---  1 . Catch quotas for the period from 21 February to 31 May 1978
                                                                      ICES                Quantities
. Species                                                          sub-area               ( in tons)
I
   Hake                                                               VI                       344
                                                                      VII                    1 174
                                                                      VIII                   1 418
   Other species taken as by-catches                                  VI                       688
   of hake fishing in conformity with                                 VII                    2 358
   Article 6 , paragraph 1
                                                                      VIII                   2 836
   Anchovy                                                            VIII                  20 000
  2« Kumber of standard-vessel^"^ permits that may be issued for each ICES sub-area
           ■             ■                                      <
                                                                      ICES             Humber of standard
   Type of fishing                                                 sub-area                  vessels
    ( a) Hake                                                         VI                         14
                                                                      VII                        50
                                                                      VIII                       57
    (b ) Anchovy                                                      VIII                      140
    (c) Pishing with lines from vessels
          not exceeding 50 CRT ; these
         vessels may not carry any other
          fishing gear on boardo                                      VIII                       60
  3 . Maximum number of standard vessels^ 'which may fish for hake simultaneously
       in any given sub-area for which a permit has been obtained.
                           ICtS sub-area                                 Kumber of standard vessels
                                  VI                                                   9
                                  VII                                                32
                                  VIII                                               44
             \. -,.. '.v îV'.'W »! t.V
                             ....      ...
                                           v». ••^ v .. ...
                                                            i.Vo ' it                S0                   !
                                                                    I                ~                    |
  (1 ; A standard vessel is a vessel with a brake horse-power not exceeding 800 bhp . If
         the brake horse-power is greater than 800 bhp the following conversion factors are
         to be applied :
         - vessels exceeding 800 but not exceeding 1 100 bhp = 1,75
         - vessels exceeding 1 100 but not exceeding 1 500 bhp = 2»25 »