CELEX: 51980PC0114
Language: en
Date: 1980-03-17
Title: Proposal for a COUNCIL REGULATION (EEC) laying down for 1980 certain measures for the conservation and management of fishery resources applicable to vessels flying the flag of Spain (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (80) 114
Vol. 1980/0037
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 ---pagebreak---   COMMISSION OF THE EUROPEAN COMMUNITIES
                                               COM(80)114 final
                                               Brussels , 17 March 1980
                                Proposal for a
                          COUNCIL REGULATION ( EEC )
           laying down for 1980 certain measures for the conser­
           vation and management of fishery resources applicable to
           vessels flying the flag of Spain
               ( submitted to the Council by the Commission )
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C0M(80 ) 114 final
 ---pagebreak---                                   Proposal for a
                              COUNCIL REGULATION ( EEC )
     Laying down for 19S0 certain measures for the conservation and manaqement of
     fishery resources applicable to vessels flying the flag of Spain
     THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
     Having regard to the Treaty establishing the European Economic Community ,
     and in particular Article 43 thereof^
     Having regard to the proposal from the Commission ,
     Having regard to the opinion of the European Parliament ( 1 ),
     Whereas on 3 November 1976 the Council adopted a set of resolutions concerning
     certain external and internal aspects of the common fisheries policy ;
    Whereas a framework Agreement on fisheries has been signed on by the Community
  . and Spain ;                                                                      ,
    Whereas the Commission has presented that Agreement to the Concil for approval
     with a view to its conclusion ;
    Whereas the Community and Spain have consulted each other , under the procedure
     laid down in the Agreement , on the conditions for fishing by the vessels of
     each of the parties in the fishing zone of the other party during 1980 ,
„ Whereas , following the consultations , the Community delegation undertook to
     recommend that the Community authorities adopt for that period certain measures
     authorizing Spanish vessels to fish in the fishing zones of the Member States
     covered by Community rules on fisheries ;
    Whereas fishing by Spanish vessels in these areas has been authorised for the
     month of January 1980 under Council Regulation ( EEC ) No 2897/ 79/ 2 )^ for ^ he
    period from 11 to 29 February 1980 under. Counci I Regulation ( EEC ) No 304 / 80 ( 3 ) -
    and for tt^^period
    No 541 / 80
                           from 1 March to 30 June 1980 under Council Regulation ( EEC ) '
                   ; whereas it is appropriate to count catches taken under these
 . Regulations against the quotas established for the whole of 1980 ,
    HAS ADOPTED THIS REGULATION :                      .
            0J No C 140 , 5.6.1979 , p . 115
     < 2 ) 0J No L 326 , 22.12.1979 , p . 2
     < 3 ) 0J No L 34 , 11.2.1980, p* 1
      ( 4 ) 0J No L 60 , 5.3.1980 , p . 1
 ---pagebreak---                                       Article 1
The only catches which vessels flying the flag of Spain are authorized
to make during the period 1 fonuax, to 31 Decoder 1580 in the 200 ml.
fishing zones of the Member States covered hy Community rules on fisheries
are those set out in Annex I,vithin the quantitative limits laid dovm
therein and caught under the conditions laid dovn hy this Regulation.
                                      Article 2
 1 . Fishing shall he subject to the holding on hoard of a licence ,
 issued "by the Commission on behalf of the Community, and to compliance
 with the conservation 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 vessels flying the
  flag of Spain shall be as laid down in point 3 of Annex I.
                                       Article 3
 - 1 . When an application for a licence i, submitted to the Commission,
   the following information shall be supplied?
    (a) name of the vessel ;
    (b) registration number ;
    (cj external identification letters and numbers;
    (d) port of registration ;
    (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 licence is requested.             -
       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 of a licence
       indicating this method of fisning.
 ---pagebreak---                              χ
                                          - 3 -
3. However, in the case of the fishing referred to in point 3(b) and ( c)
 of Annex I , a single Licence may be issued on request for two vessels
 whose particulars shall be entered at the same time on the licence .
                                                               »        \
For each of the said types of fishing, the Spanish authorities shall provide
a list of vessels which shall not exceed in number that fined in the last
column of point J of Annex I , specifying for which vessels a licence or a
joint licence is requested and, where appropriate, the period of validity
requested .
4.       Paragraph) 1 and 2 shal I not apply to licences referred to in point 3(d ),
 (e) and (f) of Annex I , those licences not being nominative but numbered.
 5. The captains of vessels holding a licence must                           .
 respect the special conditions laid down in Annex II.
These conditions shall form part of the licence.                             -
 In the case of tunny fishing, only points 1 and 2 of those
special conditions must be observed.
6. A vessel may hold only one licence.               '
                          Article 4
 1 . The captains of vessels holding a licence for the
 fisheries mentioned in point 3 (a) of Annex I must
 supply the information specified in the licence to the
 Commission through a radio station in one of the
 Member States .                    •
2. Licences for other types of fishing except tunny
 fishing may be invalidated if the Commission does not
  receive by the fifth and 20th day of each month
  information     communicated        by   the    competent
  authorities of Spain concerning the catches made by
  each vessel and . the landings made . in each port during
  the previous fortnight.
                           Article S
   1 . Fishing with gillnets shall be prohibited.
   2. The vessels may have on board no fishing gear other
   than that necessary for the fishing authorized.
 ---pagebreak---                                         - 4 -
                          Article 6
                                      /
   1. By-catches are permitted within the limits laid down
  in point 2 of Annex I.
 2. Tunny vessels may not fish any species other than
 thunnidae; they may not have on board any species
 other than thunnidae, with the exception of anchovies
 intended as live bait.
                                    Article 7
  1.       Licences referred to in point 3(e ) of Annex I shall be valid unti I
  30 June 1980 , those referred to in ( f) during the period 1 July to
   31 October 1980 .
  2.       Licences referred to in point 3(h ) of Annex I shall be valid during
  the periods 1 January to 31 January 1980 , 11 February to 29 February 1980
 and 1 July to 31 December 1980 .
  3.       No licence shall be valid for the period 1 February to 10 February 1980 .
All fishing by vessels flying the flag of Spain in the area referred to in
 Article 1 shall be prohibited during that period .
                                     Article 8
  1.       Licences issued pursuant to this Regulation shall be valid for a
 period of at least two months from the first day of a month to the last
 day of a month .            Applications for licences shall be made not later than
  15 days before the desired date of commencement of validity .
  2 . - The validity of licences may be extended tinder the conditions laid
 down in paragraph 1 .
   3 . Licences may be cancelled with a view to the issue
   of new licences. The cancellation shall take effect on the
   first day of the month following the surrender of the
   licences to the Commission.
   The new licences shall be issued in accordance with*
   paragraph 1 .
                          Article 9
   1 . The period of validity of the licences shall expire as
   soon as it has been established that the quantities laid
   down in point 1 of Annex I have been fished.
 ---pagebreak---                                               - 5 -
       2.       No licence shall be issued for a period 0 f between 4 and 12 months to
                                                                               a
       vessels in respect of which the obligations Laid down in this Regulation have not
       been observed .
                                  Article Î0
         1 . Fishing may not take place in a zone within ICES '
         divisions VI and VII , situated south of 56° 30' N, east of
         12° W and north of 50° 30' N.              <
          2. The fishing referred to in point 3 (d) of Annex I may
          not take place east of 1° 48' W. '
                                Article 11
       1.       Regulations (EEC ) Nos 2897/ 79 , 304 / 80 and 541 / 80 are hereby repealed .
       Catches made by Spanish vessels under such Regulations shall be deducted
       from the quantities indicated in point 1 of Annex I.
       2.       Licences          issued           pursuance of Regulation (EEC ) No 541 / 80 shall
       remain valid under the same conditions as licences                              issued under this
        Regulation .
                               Article 12                          1
 –^ This Regulation shall enter into force on the day
      following its publication in the Official Journal of the
      European Communities.
      It shall apply from 1 January to 31 December
      1979.                                           '        r
This Regulation shall be binding in its entirety and directly applicable in all Member States.
                                                                                                    m    '
Done at Brussels ,
                                                        -            For the Council
                                                                      The President
 ---pagebreak---                                                    ANNEX I
    Fishing quotas
                                                                                                              (t' itwes )
                                       Spccies                                        ICES division     Quantity
   Hake                                                                                   VI              1 . 389
                                                                                          VII             4.748
                                                                                          VIII            5.733
   Other species taken as by-catches of hake fishing                                       VI             2.778
                                                                                           VII            9.496
                                                                                          VIII          11.466
                                                   ;
   Anchovy                                                                                VIII         29 000 ( 1 )
   Tunny                                                                                         No lirmt
   ( 1 ) Catches made by vessels flying the flag of Spain in the
            Spanish fishing zone of the Bay of-Biccaya are to "be deducted.
            from this quantity .                                     -                                                    .
2. Permitted by-catches
                                       l
   Target species    Species fished as                          Permitted limits of by-catches
                        by-catches
   Hake           Cod                    The total by-catches of these species may not exceed 3%
                  Haddock                by weight of the total catch on board
                  Whiting
                  Pollack
                  Saithe
                  Clupeid fish           The total by-catches of these species may not exceed 5%
                  Norway lobster         by weight of the total catch on board
                  Sole .                 By-catches of these species may not be kept on board
                  Plaice                                                                         1
                  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 100 kg
                                         of fish found to be on board in the vessel 's hold after sorting
                  Other species          By-catches of all other species may not be kept on board
                  (including
                  invertebrates)
 ---pagebreak---                                                                 *
3 . Number of licences that may be issued for the various ICES divisions
                                                                                     ÏCES           Numher 01            Complète
                                 Type of fishing                                    division          licences
                                                                                                                           lint of
                                                                                                                          vessels
     (a) Vessels conducting hake fishing                                              VI
                                                                                      VII
                                                                                      VIII
    (b) Sardiners (seiners less than 100 GRT)                                         VIII              40                   71
    (c) Long-liners less than 100 GRT                                                  Villa            10                   17
    (d) Fishing exclusively with rods from vessels not
            exceeding 50 GRT                                                          VIII              50
    (e) Vessels fishing for anchovy as target species                                  VIII           160
    ( f) Vessels fishing for anchovy to be used as live
           bait                                                                       VIII            120
    (g) Tunny fishing                                                                VI, V»,                   No limit
                                                                                      VIII
                                                                                                                    L
     {') 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 bhr»                                                           107
          1 000 bhp or more, J>ut not exceeding I 200 bhp                                                       HI
          More than I 200 bhp                                                                                   2-25
          Long-liners other than those specified in 3 (c)                                                       0-33
          When applying these conversion factors to 'paretas' and 'trios* the horse- powpr of the individual vessels' engines are to be
         totalled.
 ---pagebreak---                                              ANNEX //
                                          Spécial conditions
The fishing licence must be on board the vessel .
The registration letters and numbers of the licensed vessel must be clearly mnrked 011 the bow ot the
vessel at both sides and on each side of the superstructure whore thry can hrst 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 .
A logbook must be kept in which the following details are to he 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.
Information must be transmitted by the licensed vessel <to the Commission of the European
Communities at Brussels (telex address 24189 FISEU-B) 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.
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.
 The details provided for in point 5 must be transmitted in accordance with the following conditions:
  6.1 . All messages must be transmitted via a radio station on the list below:
 ---pagebreak---         Name                                                          Call sign
        North Foreland                                                GNF
        Humber                                                        GKE
        Cultercoacs                                                   GCC
        Wick                                                          GKR
        Oban                                                          GNE
        Portpatrick                                                   GPK
        Anglesey                                                ,     GLV •
        Ilfracombe                                                    GIL
        Niton                                                 •       GNI
        Stonehaven                                                    GND
        Portshead                                                     GKA
                                                                      GKB       ■
                                                                      GKC
        Land's End                                                    GLD
        Valentia                                                  7 EJK
        Malin Head '                                                  EJM
        Boulogne .                ■                                   FFB
        Brest                                                         FFU
        Saint-Nazaire                                                 FFO
      . Bordeaux-Arcachon                                             FFC
 6.2. 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.
 6.3. 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:
        – 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 each species of fish in the holds using the code given in point 6.4,
        – 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 master.
■ 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 (Reinhardtius hippoglossoides)
         D      Cod (Gadus morrhua)                                  '–
         £      Haddock ( Meianogrammus aeglefinus)                               v
         F      Halibut (Hippoglossus hippoglossus)
         G.    Mackerel (Scomber scombrus)                         *■
         H      Horse-mackerel (Trachurus trachurus)
         I      Round-nose grenadier (Coryphaenoides rupestris)
 ---pagebreak--- J     Saithe (Pollachius virens)
K     Whiting (Mcrlangus 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 (F.ngraulis encrassicholus)
    r