CELEX: 51990PC0052
Language: en
Date: 1990-02-06
Title: PROPOSAL FOR A COUNCIL REGULATION ( EEC ) ESTABLISHING, FOR THE PERIOD FROM 1 MARCH TO 30 JUNE 1990, CERTAIN MEASURES FOR THE CONSERVATION AND MANAGEMENT OF FISHERY RESOURCES APPLICABLE TO VESSELS FLYING THE JAPANESE FLAG IN WATERS FALLING UNDER THE SOVEREIGNTY OR JURISDICTION OF PORTUGAL

COMMISSION OF THE EUROPEAN COMMUNITIES
                                               C0MC90) 52 final
                                               Brussels, 6 February 1990
                             Proposal for a
                        COUNCIL REGULATION (EEC)
  establishing, for the period from 1 March to 30 June 1990, certain
  measures for the conservation and management of fishery resources
   applicable to vessels flying the Japanese flag in waters falling
          under the sovereignty or jurisdiction of Portugal
                     (presented by the Commission)
 ---pagebreak---                                  EXPLANATORY »€HPRANPUH
 I. An agreement between Portugal anc Japan was signée in October 1978
     authorizing the fishing of tuna species in waters falling under the
     sovereignty or within the juiisciction of Portugal. The agreement came into
     foice on "5 March 1980 ano has been renewed tacitly each year.
?.. Portugal denounced this agreement on 2 September 1985 in accordance with the
     unc-ertakinqs it mace curing the accession negotiations; the agreement expiree
    un 2 March 1986.
 3. To avoid interruption of Japanese fishing activities ano of the Japanese
     scientific anc technical cooperation programme to the benefit of Purtunal,
    the Council has adopted, for the period from 1 March to 30 June for each of
    years 1986 to 1989, an autonomous arrangement for vessels flying the Japanese
     flag in waters falling under the sovereignty or within the jurisdiction of
    the Portuguese Republic (1)
4. The fishing riqhts grantee to Japanese boats are conditional on Japan
    offering scientific, technical ano economical assistance to those sections of
    the population in Portugal greatly dependent on fisheries.
5. In order to further this cooperation in the fisheries field and taking
    account of the fact that :
    - firstly, until now no other type of arrangement has been conduced between
       the Community and Japan,
   - secondly, the International Commission for the Conservation of Atlantic
        Tuna (ICCAT) has not recommended any limitation in respect of catches of
       the bluefin tuna stock of the East Atlantic and Mediterranean,
   - thirdly, there are prospects for development of certain fishing activities
       by Community vessels, in accordance with the Multiannual Guidance
       Programmes
   the draft reaulation which is the subject of this proposal is intended to
    authorise by means of a new autonomous measure for the period from L March to
    30 June L990, certain fishing activities for vessels flying the Japanese flag
    in waters falling under the sovereignty or within the jurisdiction of the
    Portuguese Republic which are limited in comparison to the previous year.
    This limitation affect the number of vessels (10 instead of 15) and the
   guantities authorised (£0 tonnes of bluefin tuna instead of 120 tonnes). The
   other conditions remain the same as in the previous year.
(1) R.    448/86 O.J. n" L 50 of 28.2.86, p. 34
     R.   654/87 O.J. n° L 63 of 6.3.87, p. 2
     R.   580/88 O.J. n° L 57 of 3.3.88, p. 1
     R.   529/89 O.J. n° L 59 du 2.3.89, p. 1
 ---pagebreak---                                         Official Journal of the European Communities
                                             (Acts whose publication is obligatory)
                                       COUNCIL REGULATION (EEC) No
                                                      of
                    establishing, for the period from 1 March to 30 June I Ml*, certain measures for
                    the conservation and management of fishery resources applicable to vessels
                    flying the Japanese flag in waters falling under the sovereignty or jurisdiction of
                                                             Portugal
   THE COUNCIL OF THE EUROPEAN COMMUNITIES.                         HAS ADOPTBD THIS REGULATION :
   Having regard to the Treaty establishing the European                                    Article 1
   Economic Community,
                                                                   Vessels flying the Japanese flag, fishing exclusively with
   Having regard to Council Regulation (EEC) No 170/83 of           long lines, shall be authorized, for the fishing period 1
   25 January 1983 establishing a Community system for              March to 30 June)930, to fish as their principal catch,
   the conservation and management of fishery resources ('),        bluefin tuna (Thunnus tbynnus tbynnus) in waters under
   and in particular Article 11 thereof,                           the sovereignty or jurisdiction of Portugal tha' V- beyond
                                                                    12 miles from the baselines, with the exception of the
                                                                   zones listed in Annex I, subject to the conditions laid
   Having regard to the proposal from the Commission,              down in this Regulation.
  Whereas     Article 2 of Regulation (EEC) No 170/83
  requires   the Council to formulate the conservation                                      Article 2
  measures   necessary to achieve the aims set out in Article
   1 of the   Regulation in the light of available' scientific      1. The maximum number of long-liners referred to in
  advice ;                                                         Article 1 shall be lO: no vessel may exceed 500 GRT.
                                                                   2. The total catch of all the long-liners may not exceed
  Whereas the Agreement which linked Portugal and Japan             3 0 tonnes of bluefin tuna.            v. ,
  since 3 March 1980 expired on 2 March 1986; whereas
  thereafter Japanese fishing activities have been tempor-         3. Other tuna species caught when fishing for bluefin
  arily maintained                                                 tuna may not exceed IS % of the total catch per vessel.
                                                in the frame-
                                                                                            Article 3
  work of cooperation with Japan to the benefit of local
  people who are gready dependent on fisheries in view of          1. The catch of bluefin tuna (Thunnus tbynnus
  the need for balanced economic and social development            tbynnus) of a unitary weight of less than 6,4 kilograms
  of the Portuguese coastal regions;                               shall be prohibited.
  Whereas it is in the Community's interest to ensure that         2. The catch of yellowfin tuna (Thunnus albacares) of
  this system continues in a more limited fashion for the          a unitary weight of less than 3,2 kilograms shall be
"4930 fishing season ;                                             prohibited.
                                                                   3. The catch of bigeye tuna (Thunnus obesus) of a
  Whereas fishing by Japanese vessels in waters falling            unitary weight of less than 3,2 kilograms shall be
  under the sovereignty or jurisdiction of Portugal is subject     prohibited.
  to Community fisheries Regulations ; whereas such
  fishing should be supplemented by certain technical and
 supervisory measures,                                                                     Article 4
                                                                   1. Fishing by long-liners referred to in Article 1 in
 (') OJ No L 24, 27. 1. 1983. p. 1.                                zones referred to in the same Article shall be subject to
                                                                   the possession on board of a licence, issued by the
                                                                   Commission on behalf of the Community, and to the
 ---pagebreak---                                          Officiai Journal of the European Communities
  observance ~t the c> ^c'l'ions set out in that licence and         New licences shall be issued in accordance          nth
  the supervise^' measures and other provisions regulating           graph 1.
  fishing act!viaC5 in those zones.
  2     The ma. -er of each vessel in possession of a licence                                   Article 7
  ;nust observe the special conditions set out in Annex II,
  ^nd in particular the obligation to forward the informa-          The following information shall accompany applications
 tion specified in the said Annex via the radio stations             for licences submitted to the Commission :
  indicated therein. These conditions shall form part of the
 licence.                                                           (a) name of the vessel ;
                                                                    (b) registration number;
 3.     Each licence shall be valid for a single vessel and         (c) external identification letters and numbers ;
 not be Transferable. However, the Japanese authorities
 may request the Commission, by telex, to authorize the             (d) port of registration ;
 •ransrer of the licence for a vessel which is prevented            (e) name and address of the owner or charterer;
 horn fishing during the set period for reasons of force
                                                                    (f) gross tonnage and overall length ;
 majeure tc a replacement vessel whose technical charac-
 teristics do not exceed those of the vessel to be replaced.        (g) engine power;
 The request shall provide all the information referred to          (h) call sign and radio frequency;
 in Article 7, in respect of this replacement vessel. The
                                                                    (i) proposed fishing zone ;
 Commission shall notify any transfer authorization,
 without delay and by telex, to the Japanese authorities            (j) period for which a licence is requested.
 and to the competent supervisory authorities. The replace-
 ment vessel can carry out fishing activities only after the
 date indicated by the Commission in its notification.                                          Article 8
 4.    All licences referred to in paragraph 1 shall cease to       1. The Portuguese authorities shall take appropriate
 be valid once the Commission has established that the              measures, including the inspection of vessels, to ensure
 quofa bid down in Article 2 has been used up.                      that the obligations under this Regulation are observed.
                                                                    2.    Where an infringement is duly ascertained, the
                                                                    Portuguese authorities shall forthwith, but at the latest
                           Article 5
                                                                    within 30 days of the date on which the infringement was
                                                                    established, inform the Commission of the name of the
The issue of fishing licences referred to in Article 4 shall       vessel concerned and any action they may have taken.
be conditional on Japan's planning an annual scientific
and technical cooperation programme to benefit Portu-
gal's coastal population, which is greatly dependent on
                                                                                                Article 9
fishery activities. Particular attention shall be paid in the
programme to training requirements, the improvement of
research capacity and the need for economic and social              1. A vessel which has failed to comply with the obliga-
                                                                   tions laid down in this Regulation shall have its licence
development of the Portuguese coastal regions. The
                                                                   withdrawn ; such licence shall not be replaced.
programme shall be submitted to the Commission before
28 February 4 9 9 0 •
                                                                   2.     If a vessel fishing without a valid licence in the
                                                                   waters referred to in Article 1 is owned or managed by a
                                                                   natural or legal person owning or managing one or more
                           Article 6                               other vessels to which licences have been issued one of
                                                                   those licences may be withdrawn.
!.     An application for licences shall be submitted by the
Japanese authorities no later than 15 working days before
the desired date of commencement of validity. The                                              Article  10
Commission shall issue the licences to the Japanese
authorities and shall notify the competent supervisory             If, for a period of one month, the Commission receives
authorities thereof.                                               no communication as laid down in Article 4 (2) for a
                                                                   vessel in possession of a licence referred to in that Article,
2.     The issue of licences to Japanese vessels shall be          the licence of that vessel shall be withdrawn.
subject to an undertaking by the owner of the vessel to
permit an observer to come on board at the Commission's
request.                                                                                       Article 11
3.     Unused licences may be cancelled with a view to the         This Regulation shall enter into force on the day
issuing of new licences. Cancellation shall take effect on         following its publication in the Official Journal of the
the date the new licence is issued by the Commission.              European Communities.
                                                                  ?!*****&•©<«?•• '^,:*£#vV'.•"•*'••*£*•''ï*<*£&%':-< ': :$8&  &*3#.*i-
 ---pagebreak---                    Official Journal of the European Communities
This Regulation shall be binding in its entirety and directly applicable in all Member
States.                                                            '
Done at Brussels,
                                                         For the Council
                                                          The President
                                                                                       5
 ---pagebreak---                           Official Journal of the European Communities
                                                ANNEX       I
         ZONES REFERRED TO IN ARTICLE 1 WHERE FISHING IS PROHIBITED
 1. The 20û-milc zone of the Azores.
 2. Within the 200-mile zone of mainland Portugal.
 3. The zone within a line :
    — starting at 34°55'N, 13°40'W,
    — continuing north to 35°10'N, 13°40'W,
    — whence east following the 35° 10' N parallel to its intersection with the line marking the limits of the
       exclusive economic zone, hereinafter referred to as 'EEZ',
    — following the EEZ demarcation line to its intersection with the 34° 55' N parallel,
    — whence west along the 34° 55' N parallel to the point of departure.
4. The zone within a line :
    — starting at 34°35'N, I4°25'W,
    — whence west to 34° 35' N. 14*45'W,
    — whence north to 34°50'N, 14°45'W,
    — whence east to 34°50'N. 14°25'W,
    — whence south to point of departure.
5. The zone within a line :
    — starting at 33°40'N, 14°05'W.
    — whence to 33°40'N, 14°35'W,
    — whence north-west to 34° 00' N. 14°50'W,
    — whence east to 34°00'N, 14°20'W,
    — whence south-east to the point of departure.
6. The zone within J line :
    — starting at 35°00'N, 15°05'W,
    — whence west to 35°00'N, 16°00'W,
    — whence north to 35°35'N, I6°00'W,
   — whence east to 35°35'N, 15°05'W,
   — whence south to the point of departure.
 ---pagebreak---                                 Officiai Journal of the European Communities
                                                      ANNEX       JI
                                              SPECIAL CONDITIONS
 1.    The fishing licence must be held on board the vessel.
 2.    The registration letters and numbers of a vessel in possession of a licence must be clearly marked on
       both sides of the superstructure at the most visible point. The letters and numbers must be painted in a
       colour that contrasts with the colour of the hull or superstructure and must not be effected, altered,
       covered or concealed in any other way.
3.     A log-book must be kept in which are recorded, after each fishing operation :
3.1. catch by species (in kilograms — live weight);
3.2. the date and the time at which the fishing operating started and the time at which it finished;
3 J. the ICES and CECAF statistical grid where the catch was taken ;
3.4. the fishing method used ;
3.5. any radio message emitted in accordance with points 4, 5 and 6.
4.    Communications transmitted in accordance with the conditions of the licence should give die following
       information :
      (a) name of vessel ;
      (b) radio call sign ;
                                                                                                   >
      (c) licence number;                                                                            ~
      (d) chronological number of the transmission for the trip in question ;
      (e) indication of which of the types of transmission, as set out in paragraph 5, is involved ;
        (0 date;
      (g) time ;
      (h) geographical position ;
        (i) for vessels in possession of a licence, the activity of the vessel during the period (under way, fishing,
            at anchor, in harbour, unloading, under repair, others);
        (j) quantity of each species caught during the fishing operation (in kilograms — live weight) ;
      (k) quantity of each species caught since the previous transmission of information (in kilograms — live
            weight) ;
        (1) the geographical coordinates of the position where the catches were made ;
     (m) quantities of catches, by species, transferred to other vessels (in kilograms — live weight) since the
            previous information ;
      (n) the name, call sign and, where applicable, licence number of the vessel to which the catch was
            transferred ;
      (o) the master's name.
5.    The information referred to in paragraph 4 must be communicated by vessels in possession of a licence
      to the Commission of the European Communities in Brussels (address : telex 24 189 FISEU-B) via a
      Lisbon radio station (call sign CUL) or Madeira radio station (call sign CUB) at the following times :
      (a) for information referred to in (a) to (h) :
            — when announcing departure, which announcement must be made at least 48 hours before the
                planned departure of the vessel from the exclusive economic zone lying off the Portuguese coast,
                hereinafter referred to as 'EEZ' ;
      (b) for information referred to in (a) to (o) :
            —   on each entry into the EEZ,
            —   whenever leaving the EEZ,
            —   whenever entering a port of a Member State,
            —   whenever leaving a port of a Member State,
            —   every week in respect of the previous week from the date of entry into the EEZ or from the date
                of leaving a port of a Member State.
                                                                                                                      7
 ---pagebreak---                     Official Journal of the European Communities
fhe following code shall be used in reporting species caught in accordance with point 4
                    Code                          Scientific name
                    BFT                   Thunnus thynnus thynnus
                    YFT                    Thunnus albacares
                    ALB                   Thunnus alalunga
                    BET                    Thunnus obesus
                    SKJ                   Kutsuwonus pelamis
                   SWO                    Xiphias gladius
                    BIL                   Istiophoridae
                   OTH                    Other
 ---pagebreak---                 FICHE D ' W A C T SUR LA COMPETITIVITE ET L'EMPLOI
L'objet de cette mesure est d'établir le régime de conservation et de gestion
des ressources de pêche applicable aux navires des pays tiers dans les eaux
sous souveraineté ou sous juridiction du Portugal.
L'obligation pour le Japon de fournir une coopération scientifigue, technigue
et économique en faveur des populations fortement dépendantes de la pèche au
Portugal, contribue au développement du secteur portugais de la pêche.
 ---pagebreak---  ---pagebreak---                                                                       ISSN 0254-1475
                                                               COM(90) 52 final
                                                      DOCUMENTS
EN                                                                               04
                                 Catalogue number : CB-CO-90-068-EN-C
                                                             ISBN 92-77-57432-1
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