CELEX: 51981PC0072
Language: en
Date: 1981-02-18
Title: PROPOSAL FOR A COUNCIL REGULATION (EEC) fixing certain interim measures for the conservation and management of fisheries resources applicable to vessels flying the flag of Spain (presented by the Commission to the Council)

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                                        COM(81)72 final
                                        Brussels , 18th February 1981
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                           -      \   - 'S . ■ ^
                                               S V: * '
               PROPOSAL FOR A COUNCIL REGULATION ( EEC )
       fixing certain interim measures for the conservation and
       management of fisheries resources applicable to vessels
       flying the flag of Spain
            (presented by the Commission to the Council )
                                                   i
                                                !»
                                                Ï.
                                                i'
C0M(81 ) 72 final                               »»
                                                ï-
 ---pagebreak---                                                          Ccw\ T 2-
                             EXPLANATORY MEMORANDUM               .
The Regulation which is the subject of the present proposal is intended
to implement on a provisional basis, fishing arrangements applicable in 1981
to vessels flying the Spanish flag , and fishing in . the fishery zone of the
Community . These arrangements were agreed with the Spanish delegation in       - -
consultations held in accordance with the provisions of the Framework
Agreement signed by the Community and Spain .
These consultations were concluded only on 17 February 1981 . The Agreed
 Record of the results of these consutations is annexed to this proposal .          !
 Following a prolongation of the licenses issued to Spanish vessels until
 31 January 1981 , -fishing by these vessels in the Community zone , was interrupted
 To permit the resumption of such fishing as soon as possible , the Regulation •
 which is the subject of the present proposal should be adopted as quickly as
 possible . The legal basis for this Regulation is Article 103 of the Treaty .
 As it is an interim regulation , it covers only the period until 31 May 1981 ,
 when it should be replaced by a Regulation based on Article 43 of the Treaty .
 The proposal for this latter regulation , which covers the whole of 1981 and
 whose adoption requires consultations of the European Parliament , is being
 submitted at the same time as the present proposal .
 In adopting the attached regulation, it is proposed that those parts of the
annual arrangements which apply to the period of its validity should be
 implemented by allocating quotas approximately equivalent to 50% of those
agreed for the whole of 1981 .
For the above reasons , the Council is invited to adopt the regulation, a
proposal for which is attached in the annex , as soon as possible .
 ---pagebreak---                                       Proposal for a
                                 COUNCIL REGULATION ( EEC /
                 fixing certain interim measures for the conservation and
                 management of fisheries 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 , its article 103 ,
having regard to the Commission proposal ,
whereas on 15 April 1980 , the Community and Spain signed a Framework Agreement
on Fisheries ( 1 ) which , under the terms of its article 12 , is applicable from
the date of signature ,
whereas the Community has concluded this Agreement by regulation ( EEC ) no . 3062 /80
of 25 November 1980 ( 2 )^
whereas the Community and Spain held consultations according to the procedure
provided for the agreement concerning fisheries by vessels of either party in
the fishery zone of the other party during the year 1981 ; these consultations
were not concluded until 17 February 1981 ,
considering that , at the conclusion of these consultations , the Community
delegation undertook to recommend to its authorities that certain measures should
be adopted , for the said period , authorising fishing by Spanish vessels in the
fishery zones of Member States which are subject to Community fishery regulations ,
whereas fishing by Community vessels in these .zones was authorized , during the
period from 1 January to 31 January 1981 by EEC regulation no „ 3305 / 80 of
17 December 1980 ( 3 ); such fishing has been interrupted since 1 February 1981 ,
( 1 ) OJ no . C 263 of 10 October 1980 , p. 1
( 2 ) 0J no . L 322 of 28 November 1980 , p. 3
( 3 ) 0J no . L 344 of 19 December 1980 , p. 33
 ---pagebreak---                                                                   - 2 -
                                                                                                         Article 3
    Whereas in order to meet this deadline it is necessary
    to adopt these measures on an interim basis under                           1 . When an application for a licence is submitted to
    Article 103 of the Treaty, subject to their being
    included at a later date in the common agricultural                        the Commission, the following information shall be
                                                                               supplied :
    policy ;
                                                                               (a) name of the vessel : •
    Whereas the validity of these interim measures should                     (b) registration number;
     be limited to four months ; whereas the quantities in
     respect of which fishing is authorized during this                       (c) external identification letters and numbers*     *'
     period should be determined with due regard to the                       (d) port of registration:
     seasonal nature of certain fishing activities and
     possible variations in quantities fishing,                               (e) name and address of the owner or charterer;
                                                                              (f) gross tonnage and overall length;
                                                                              (g) engine power;        -                    •
                                                                           t                                 - ■
     HAS ADOPTED THIS REGULATION :                                           (h) call sign and radio frequency;
                                                                             (0 intended method, of fishing;
                               Article Î                                     (j) intended area of. fishing;
                                                                             (k) species intended to be fished;
      The only catches which vessels flying the flag of
      Spain" are authorized to make during the period 1          March  to   ^ period for which a licence is requested.
   31 May 1981                    in the 200 -mile fishing zones
      of the Member States covered by Community rules 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 .
                            „ Article 2
      1.    Fishing shall be subject to the holding on board
      of a licence, issued by the Commission on behalf of
      the Community, and to compliance with the conserva­
      tion 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.                                 ,
\
Λ
 ---pagebreak---                                                        - 3 -
  2. Each licence shall he valid for one vessel only . When                              Article 6
  several vessels are raking part in the same lisltmg
  operation, each vessel must he in possession of a licence       1 . By-catches are permitted within the limits laid down
  indicating this method ot fishing .                            in point 1 ot Annex 1 .
 3 . However, in the case of the fishing referred to in         2. Tunny vessels may not fish any species other than
 point 3 ( b) and (c) of Annex I, a single licence may be       thunnidae; they may not have on board any species
 issued on request for two vessels whose particulars shall      other than thunnidae, with the exception of anchovies
 be entered at the same time on the licence.                    intended as live bait.
 For each of the said types of fishing, the Spanish
 authorities shall provide a list of vessels which shall not                             Article 7
 exceed in number that fixed in the last column of point
 3 of Annex I, specifying for which vessels a licence or a     The licenses referred to in Annex I , point
 joint licence is requested and, where appropriate, the
 period of validity requested.                                 3 b ) cease to be valid on 1 March 1981 .
 4. Paragraphs 1 and 2 shall not apply to licences
 referred to in point 3 (d), (e) and ( f) of Annex I, those
 licences not being nominative but numbered.
      The captains of vessels holding a lio;nce must
respect the special conditions laid down in Annex II.
These conditions shall form part of the licence.
For tuna and pomfret fishing , only
points 1 and 2 of these special                                                        Article 8
conditions apply .
                                                             1 . Licences issued pursuant to this Regulation shall be
                                                             valid for a period of at least two months from the first
                                                             dr.y of a month to the last day of a month . Applications
 6. A vessel may hold only one licence.                      for licences shall be made not later than 15 days before
                           Artide 4
                                                             the desired date of commencement of validity.
   1 . The captains of vessels holding a licence for the     2. The validity of licences may be extended under the
   fisheries mentioned in point 3 (a) of Annex I must        conditions laid down in paragraph 1 .
  supply the information specified in the licence to the
   Commission through a radio station in one of the          3 . Licences may be cancelled with a view to the issue
   Member States .                                           of new licences. The cancellation shall take effect on the
                                                             first day of the month following the surrender of the
                                                             licences to the Commission.
   2. Licences for other types of fishing except tunny
   fishing may be invalidated if the Commission does not
                                                             The new licences shall be issued in accordance with
   receive by the fifth and 20th day of each month
   information communicated by the competent                 paragraph 1 .
   author itu-s ot Spam concerning the catches made by
   each vessel and the landings made in e.uh port during
   the previous fortnight.
                                                                                        Article 9
                                                              1 . The period of validity of the licences shall expire as
                                                              soon as it has been established that the quantities laid
                           Article 5
                                                              down in point 1 of Annex I have been fished.
   1 . Fishing with gillnets shall be prohibited.
                                                              2. No licence shall be issued for a period of between
                                                              four and 12 months to vessels in respect of which the
   2. The vessels may have on board no fishing gear other     obligations laid down in this Regulation have not been
   than that necessary for the lining authorized .            observed.
                                                                                                                 ./.
 ---pagebreak---                         Article   10                                               Article . 1 1
1.    Fishing may not take place in a -zone within
ICES divisions VI and VII , situated south of . 56° 30'     This Regulation shall enter into force on the day
N , east of 12° W and north of 50° 30' N.                   following its publication in the Official Journal of
                                                            the European Communities:
2.    The fishing referred to in points 3 (c) of Annex I
may not take place east of 1° 48' W.                        It shall be applicable untill 31 May 1981a -
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States.
             Done at Brussels,
                                                                                   \ ,
                                                                        For the Council
                                                                         The President
 ---pagebreak---                                                     ANNF.X I
 1 . Fishing quotas
                                                                                        ICES        Quantity
                                         Species                                      sub-areas       ( tonnes)
       Hake                                                                              VI                615
                                                                                         VII
                                                                                                      2.100
                                                                                        VIII
                                                                                                      2.535
      Other species taken as by-catches of hake fishing                                  VI           1.230
                                                                                        VII          4 .¿ 00
                                                                                        VIII
                                                                                                     5.070
      Anchovy                                                                           VIII      29.000(1)
                                                                                          «
      Tunny and ρ omfret                                                                     No limit
    . ( ') Catches made by vessels flying the Hag of Spain in the Spanish fishing zone of the Bay of Biscay
           are to be deducted from this quantity.
2. Permitted by-catches
          Target       Species fished as                      Permitted limits of by-catches
          species         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
                    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--- . Number of licences chat may be issued for the various ICES sub-areas and divisions
                                                                ICES sub-                    Complete
                                                                             Number of
                          Type of fishing                       areas and                       lise oí
                                                                               licences
                                                                 division                      vessels
  (a) Vessels conducting hake fishing                               VI         22 (*)
                                                                   VII
                                                                               62 t 15
                                   t                               VIII      . Wt- ( I)
                                                                               58 u
  ( b) Sardiners (seiners less than 100 GRT)                       VIII            40              71
  (c) Long-liners less than 100 GRT                      VI , VII , VIII           10             25
  (d) Fishing exclusively with rods from vessels not
        exceeding 50 GRT                 -                         VIII            50              _    . -
  (e) Vessels fishing for anchovy as target species                VIII           160
   (g) Tunny fishing end vessels fishing                         VI, VII,               No imit
         p omf ret                                                 VIU
   ( ') Figure fixed on the basis of a standard vessel with a brake horsepower of 700 bhp. The conver­
        sion factors for vessels of another horsepower are as follows:
                        Horsepower                                                           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                                            1-11
        Over 1 200 bhp                                                                           2-25
        Long liners other than those specified in 3 (b)                                           0-33
        When applying these conversion factors to 'parejas* and 'trios' the horsepower of the individual
        vessels' engines are to be totalled.                                                         '
 ---pagebreak---                                                    ANNEX //
                                               Spccial 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.
                                                                                                /
     Tlie letters and numbers shall be painted in a colour contrasting with that of the hull or
     superstiuc t ure and shall not be etlaced , altered, covered or otherwise obscured.
3 . A logbook 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. Intormation must be transmitted by the licensed vessel to the Commission of the European
     Communities at Brussels ( telex address 24 IS') 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 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
            denned 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 / one of the Member States as referred to in 4 . 1 above or the day the vessel leaves a port
            as rel'etred 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 . All messages must be transmitted via a radio station on the list below:
             Namc                                                         Call sign
              North Foreland                                              GNF
              i lumber                                                    GKZ
              Cullcrcoats                                                 CCC
              Vt ick                                                      GKR
              Oban                                                         GNE
              Ponp.ttrick                                                 GPK
              Anglesey                                                    GLV
              Iltiacombe                                                  G IL
 ---pagebreak---     Niton                                                        GNI
    Stonehaven                                                   GND
    l'orulitud               1* .                                CîKA
                                             _                   GKB
                                               '       '    .    GKC
-   Land's End                                                   GLD
    Valentia               \                                     EJK
    Malin Hcad                                                   EJM
    Boulogne-                            -                       FFB -
    Brest                                                        FFU
    Saint-N.iz.iire                                              FFO
    Bordeaux - Arcachon       '                                  FFC
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.
3 . Content of the message
      Messages transmuted under the provisions of the licence and in accordance with the timetable
     set out in point 't UHIM i.ikc into account the details required pursuant to point 5 and contain
     the following information :
     – name of vessel ,
     – call si^n ,
     – exiernal 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
         pomi -1 ,
     – the geographical position and the ICES statistical rectangle,                 v'
     – 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 1CF.S statistical rectangle in which the catches were taken,
     – the quantity (in kg) of each species transferred to other vessels since the previous
         ( ransj)itssion ,
    – the name, call sign, and, if applicable, the licence number of the vessel to which the transfer
         wa.% made,
    – the name of the master.
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 bo real is)                     .
     B.     Hake ( Merluccius mcrluccius)                                        ■
    C.      Greenland halibut ( Reinhardtius hippoglossoides)
    D.      Cod (Gadus morrhua)
     E.     Haddock ( Melanogrammus aeglefinus)
    F.      Halibut ( Hippoglossus hippoglossus)
    G.      Mackerel ( Scomber scombrus)                                                 i           •
    H.      Horse-mackerel (Trachurus trachurus)
     I.     Round-nose grenadier (Coryphaenoides rupestris)
    J.      Saithe (Pollachius virens)                                                       N
     K.     Whiting ( Mcrlangus merlangus)
     L.     Herring (Clupca harengus)
     M.     Sandeel (Ammodytes sp)         /
     N.     Sprat (Clupea sprattus)
 ---pagebreak--- O.  PLiicc ( i'iruroiicvtes nutessa)          /
I*. Norway JXMJI ( 'i'ri&ontcru* csraarltii )
Q.  I.. ini; ( Molva molva )
R.  Other
S.  Shrimp ( IViiacuiac)
T.  Anchovy ( Engraulis cncrassicholus)