CELEX: 31990R3938
Language: en
Date: 1990-12-20 00:00:00
Title: Council Regulation (EEC) No 3938/90 of 20 December 1990 fixing, for 1991, certain measures for the conservation and management of fishery resources , applicable to vessels flying the flag of Portugal in waters falling under the sovereignty or within the jurisdiction of a Member State, Apart from Spain and Portugal

31 . 12 . 90                             Official Journal of the European Communities                              No L 378 / 89
                                         COUNCIL REGULATION (EEC) No 3938 / 90
                                                       of 20 December 1990
                 fixing, for 1991 , certain measures for the conservation and management of fishery
                 resources, applicable to vessels flying the flag of Portugal in waters falling under the
                   sovereignty or within the jurisdiction of a Member State, apart from Spain and Portugal
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                           Whereas the specific conditions governing the fishing
                                                                    activities referred to in Article 349 of the Act of Accession
                                                                    should be laid down;
Having regard to the Treaty establishing the European
Economic Community ,                                                Whereas the fishing activities covered by this Regulation
                                                                    are subject to the control measures provided for by
Having regard to the Act of Accession of Spain and                  Regulation (EEC) No 2241 / 87 0 ), as amended by
Portugal, and in particular Article 349 thereof,                    Regulation (EEC) No 3483 / 88 (2), as well as to the
                                                                    specific detailed rules drawn up in accordance with the
                                                                    second subparagraph of Article 349 (5) of the Act of
Having regard to the proposal from the Commission,                  Accession,
Whereas, pursuant to Article 349 of the Act of Accession,
it is for the Council to fix the fishing possibilities and the      HAS ADOPTED THIS REGULATION :
corresponding number of Portuguese vessels authorized to
fish in the waters referred to in paragraph 1 of that
Article;
                                                                                                 Article 1
Whereas, pursuant to Article 349 (2), fishing possibilities         The number of vessels flying the flag of Portugal authorized
for catches of blue whiting and horse mackerel are granted          to fish in waters falling under the sovereignty or within the
to Portuguese vessels; whereas the number of these vessels          jurisdiction of another Member State, other than Spain and
and the procedures for their access and control should be           Portugal , as provided for in Article 349 of the Act of
fixed annually;                                                     Accession, the procedures for access and the catch
                                                                    possibilities for certain species shall be as set out in the
                                                                    Annex.
Whereas fishing possibilities for species not subject to the
system of total allowable catches and the corresponding
number of vessels should be determined on the basis of the
situation of Portuguese fishing activities in the waters of the                                  Article 2
Member States apart from Spain for the period prior to
accession; whereas there is a need to ensure the                    This Regulation shall enter into force on 1 January 1991 .
conservation of stocks taking into account the limits
imposed on fishing for similar species in Portuguese waters
by vessels of a Member State other than Spain;                      It shall apply until 31 December 1991 .
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States.
                 Done at Brussels , 20 December 1990.
                                                                                           For the Council
                                                                                            The President
                                                                                             P. BUKMAN
                                                                    (*) OJ No L 207, 29 . 7. 1987 , p. 1 .
                                                                    (2) OJ No L 306 , 11 . 11 . 1988 , p. 2.
 ---pagebreak--- No L 378 / 90                                       Official Journal of the European Communities                                                 31 . 12 . 90
                                                                            ANNEX
                                                                     PORTUGAL — EEC
                                                                                                                                               Period of
                                           Quantity                                                 Authorized           Total number
              Species                                                  ICES zone
                                                                                                                           of vessels
                                                                                                                                                fishing
                                           (tonnes)                                                 fishing gear                              authorized
Blue whiting                                3 000         V b, VI, VII, VIII a, b, d (!) (2)       Pelagic trawl             5 (3)          Year round
(Micromesistius poutassou)                                                                                                   2 (4)
Horse mackerel                          .   3 000         V b, VI, VII, VIII a, b, d (*) (2)       Pelagic trawl              6(3)           Year round
(Trachurus trachurus)                                                                                                        4(4)
Thunnidae                                 Unlimited       V b , VI, VII, VIII a, b, d (*) (2)       All except            Unlimited          Year round
                                                                                                      gill-nets
C1 ) Except for the zone to the south of latitude 56°30' North , to the east of longitude 12° West and to the north of latitude 50°30' North.
(2) Waters falling under the sovereignty and within the jurisdiction of Members States of the Community other than Spain and Portugal.
(3) Total number (basic list) of standard Portuguese vessels; standard vessel means a vessel having a brakfe horsepower qual to 700 horsepower (bhp). The
     conversion rates for vessels having a different engine power are the same as those defined in Article 158 (2) of the Act of Accession.
(4) Total number of Portuguese vessels authorized to carry out fishing activities simultaneously (periodic list).