CELEX: 51993PC0616(03)
Language: en
Date: 1993-11-26
Title: Proposal for a COUNCIL REGULATION (EEC) establishing, for 1994, certain measures for the conservation and management of fishery resources, applicable to vessels flying the flag of a Member State, other than Spain and Portugal, in waters falling under the sovereignty or within the jurisdiction of Spain

COMMISSION OF THE EUROPEAN COSVMUNITIES
                                                                              COM(93) 616 f i n a l
                                                                              Brussels, 26 November 1993
                                                           Proposal for a
                                                      COUNCIL REGULATION (EEC)
                     f i x i n g , f o r 1994,  certain mesures f o r t h e c o n s e r v a t i o n and   management of
                      f i s h e r y resources, applicable t o v e s s e l s f l y i n g t h e f l a g of Portugal In
                     waters f a l l i n g under the sovereignty or w i t h i n t h e j u r i s d i c t i o n of Member
                      S t a t e s , apart from Spain and Portugal
                                                           Proposal for a
                                                      COUNCIL REGULATION (EEC)
                     fixing, for 1994, certain measures for the conservation and                         management of
                     fishery resources, applicable to vessels flying the flag of a Member State,
                     other         ' than   Spain   and   Portugal,        in     waters          falling   under    the
        SHi
                     sovereignty or within the jurisdiction of Portugal
            3WSrf
      «r--v
         .- - .T;«                                        Proposal for a
       tmirwrr.
                                                     COUNCIL REGULATION <PFC.\
                   establishing, for 1994, certain measures for the conservation and management
                   of fishery resources, applicable to vessels flying the flag of a Member
                   State,         other   than  Spain  and  Portugal,       in     waters         falling  under the
                   sovereignty or within the jurisdiction of Spain
    stsft .f   '
                                                  (presented by the C o m m i s s i o n )
   !«?
HT'"
 ---pagebreak---                                 EXPLANATORY MEMORANDUM
    The accession arrangements provide that Portuguese vessels shall be
    allocated fishing possibilities in the waters of certain ICES divisions
    falling under the sovereignty or within the jurisdiction of the Member
    States, with the exception of Spain and Portugal, for a certain period and
    under certain conditions, and that Portugal shall be granted certain
    fishing possibilities limited to catches of blue whiting and horse
    mackerel; it has also been provided that the number of Portuguese vessels
    authorized to fish in these waters should be fixed annually and that rules
    governing their access thereto should be laid down.
    The purpose of this proposal for a Regulation, in accordance with
    Article 349 of the Act of Accession of Spain and Portugal, is to establish,
    for 1994, the quantities of fish which may be taken by Portuguese vessels
    in waters falling under the sovereignty or within the jurisdiction of the
    Member States, with the exception of Spain and Portugal, the numbers of
    such vessels, the type of fishing gear to be used and the period of fishing
    authorization for each species.
    This proposal rolls over the provisions set out by Council Regulation (EEC)
    Nr. 3908/92 of 19.12.1992   I1).
    (1) O.J. No L 394 of 31.12.1992, p. 21
                                                                                \klOC
(2)
 ---pagebreak---                                   COUNCIL REGULATION (EEC)
                                             of
fixing, for 1994,         certain mesures 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 Member
States, apart from Spain and Portugal
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having   regard     to the Act of Accession          of Spain  and  Portugal, and   in
parf i r»J a r • Art i cl a ,349...thereof..
Having regard, to the. proposal from the. Commission,
Whereas, pursuant to Article 349 of the Act of Accession, it is for the
Council to decide ottthe" fishing1 ^possibilities and -the cuiibbpunulng -number
of Portuguese vessels authorizes to fish in the waters referred to in
paragraph 1 of that Article;
Whereas    it   is therefore.. necessary        to establish  principles  and  certain
procedures at Community             level so that each Member State can assure the
management -of-the- fishing activities -of vessels flying ite flag;
Whereas, pursuant to Article 349 (2), fishing possibilities for catches of
blue whiting -and-horse -mackerel -are-granted to Portuguese vessels; whereas
the number of these vessels and the procedures for their access and control
should be fixed annually;
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 Member States apart from Spain for the period prior to
accession; whereas there is a need to ensure the conservation of stocks
taking into account the limits imposed on fishing for similar species in
 Portuguese waters by vessels of a Memeber State other than Spain;
 ---pagebreak--- Whereas the specific conditions governing the fishing activities referred
to in Article 349 of the Act of Accession should be laid down;
Whereas the fishing activities covered by this Regulation are subject to
the control measures provided for by Regulation         (EEC) N 2241/87 (*), as
amended by Regulation (EEC) " N B   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 Accession,
HAS ADOPTED THIS REGULATION :
                                    Article 1
The number of vessels flying the flag of Portugal authorized to fish in
waters falling under the sovereignty or within the jurisdiction of another
Member States, uLhei than Spain and Portugal-, -as- •provided for in Article
349 of the Act of Accession, the procedures          for access and the catch
possibilities for certain species shall be as set out in the Annex.
                                Article 2
This--Regulation-«hall* enter into force on 1 January 1994.
It shall be applicable until 31 December 1994.
This regulation shall be binding in its entirety and directly applicable in
all Member States.
Done at Brussels,
                                                For the Council,
                                                  The President
 (1) OJ N° L 207, 29.07.1987, p. 1.
 (2) OJ N° L 306, 11.11.1988, p. 2.
 ---pagebreak---                                     Proposal for a
                               COUNCIL REGULATION (EEC)
f i x i n g , for 1994, certain mesures for the conservation and management of
fishery resources, applicable t o vessels flying the f l a g of Portngal In
waters f a l l i n g under the sovereignty or Hithin the jurisdiction of
S t a t e s , apart from Spain and Portngal
 ---pagebreak---                                                                         PORTUGAL - BEC                                ANNEX
                                                                                   •         -    > » » j
                           Species         Quantity    ICES          •Authorized     Total number' of      Period of.
                                             (t)       zone         fishing gear          vesbels           fishing \
                                                                                                          authorization
                     Blue' whiting          3 000   vb, vi,vn,        Pelagic                o (3)         Year round
                    (Micrbmeslstius                 VIIIa#b,d          trawl                 2 (4)
                     poutassou)                       (1) \2)
                     Horse mackerel         3 000   vb, v t , vi i;  ; Pelagic               P <3i>   •    Year round
                    TnachUrus trachurus             VIIIajb,d .     i trawl
                                                                                             i (4)
                                                     (1) (2) . >
                     Thunhidae            unlimited Vb, Vt, VII     All except           unlimited         Year round
                                                    VIIIa>b,d       gill-nets ;
                                                     (1) (2)
 (1) Except for the zdne 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 Member States ofjthe Community other than Spain and
     Portugal.                          ;         :        ;                   >            .'
 (3) Total number (basic list) of standard Portuguese vessels; standard vessel means a vefesel having a brake horsepower equal to
     700 horsepower (BHP). The conversion ratas 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).
-f
 ---pagebreak---                               Proposal for a
                         COUNCIL REGULATION (EEC)
fixing, for 1994, certain measures for the conservation and   management of
fishery resources, applicable to vessels flying the flag of a Member State,
other ' than    Spain  and   Portugal,   in   waters   falling   under   the
sovereignty or within the jurisdiction of Portngal
                                                                             H^s
 ---pagebreak---                               EXPLANATORY MEMORANDUM
The accession arrangements provide that vessels of Member States, with the
exception of Spain and Portugal, shall be allocated fishing possibilities
in waters falling under the sovereignty or within the jurisdiction of
Portugal, for a certain period and under certain conditions; it has also
been provided that the number of vessels authorized to fish in these waters
should be fixed annually, and that rules governing their access thereto
should be laid down.
The purpose of this proposal for a Regulation, in accordance with
Article 351 of the Act of Accession of Spain and Portugal, is to establish,
for 1994, the quantities of fish which may be taken by vessels of Member
States, with the exception of Spain and Portugal, in waters falling under
the sovereignty or within the jurisdiction of Portugal, the numbers of such
vessels, the type of fishing gear to be used and the period of fishing
authorization for each species.
This proposal rolls over the provisions set out by Council Regulation (EEC)
No 3907/92 of 19.12.1992 C 1 ).
(1) O.J. No. L 394 of 31.12.1992, p. 19.
                                                                            ^
 ---pagebreak---                        COUNCIL REGULATION (EEC) No     /
                                         of
fixing, for 1994, certain measures for the conservation and      management of
 fishery resources, applicable to vessels flying the flag of a Member State,
other    than    Spain   and   Portugal,     in waters   falling   under   the
sovereignty or within the jurisdiction of Portugal
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to the Act of Accession of Spain and Portugal, and in
particular Article 351 thereof,
Having regard to the proposal from the Commission,
Whereas, pursuant to Article 351 of the Act of Accession, it is for the
 Council to fix the fishing possibilities and the corresponding number of
Community vessels which may fish in the waters referred to in that Article;
Whereas it is therefore necessary to establish principles and certain
procedures at Community level so that each Member State can assure the
management of the fishing activities of vessels flying its flag;
Whereas these possibilities are determined, with respect to pelagic species
not subject to the system of total allowable catches (TAC) and quotas,
other than highly migratory species, on the basis of the situation of the
 fishing activities of the Member States apart from Spain, in Portuguese
waters for the period prior to accession; whereas there is a need to ensure
 stock conservation, taking account moreover of the limits placed on fishing
 by Portuguese vessels for similar species in waters of the Member States,
 apart from Spain;
Whereas, for 1994, no fishing possibilities for species not subject to TACs
 and quotas are granted to Portugal in the waters of the Member States apart
 from Spain;
                                      - v  -
^WSmmmmmiiiMfammr
 ---pagebreak--- Whereas the specific conditions governing the fishing activities of vessels
exploiting   stocks     of  highly    migratory     species,   for   which  catch
possibilities    are  granted,   should   be   laid   down,  whereas   the limits
concerning the zones and the periods of fishing of these vessels are laid
down by Article 351(2), (3) and (4) of the Act of Accession;
Whereas the fishing activities covered by this Regulation are subject to
the   control     measures   provided    for    by   Council   Regulation   (EEC)
                                                                    2
No 2241/87 U ) ,   as amended by Regulation     (EEC) No 3483/88 ( ) as well as
to the specific detailed      rules drawn up in accordance with the second
subparagraph of Article 351(5) of the Act of Accession,
HAS ADOPTED THIS REGULATION :
                                     Article 1
The number of vessels flying the flag of a Member State other than Spain
and Portugal, authorized to fish in waters falling under the sovereignty
or within the jurisdiction of Portugal, as provided for in Article 351 of
the Act of Accession and the procedures for access, shall be as set out in
the Annex.
                                     Article 2
This regulation shall enter into force on 1 January 1994.
It shall be applicable until 31 December 1994.
This Regulation shall be binding in its entirety and directly applicable
in all Member States.
Done at Brussels,
                                             For the Council,
                                                 The President,
(1) OJ N° L 207, 29.7.1987, p. 1.
(2) OJ N° L 306, 11.11.1988, p. 2,
                                                                                  f-
 ---pagebreak---            EEC - PORTUGAL                               ANNEX
           Species        Quantity           Zones              Authorized      Total number of     Period of
                          (tonnes)            (1)              fishing gear         vessels (3)      fishing
                                                                                                   authorization
      Albacore tuna      Unlimited   X and CECAF               Troll line            110 (France) Between 2/6
     (Thunnus alalunga)                                                              (2)          and 28/7
                                     X (to the south of
                                        36°30'N)
                                     CECAF (to the south of    All except
      Tropical tuna      Unlimited   31°N and to the north     gill-nets            Unlimited       Year round
                                     of 31°N to the west of
                                     17°30'W)
      Other tunas        Unlimited   IX                        All except           Unlimited       Year round
                                                               gill-nets
  (1) Waters falling under the sovereignty and within the jurisdiction of Portugal.
  (2) Not exceeding 26 m in length between perpendiculars.
  (3) Authorized to carry out fishing activities simultaneously.
^ mm?mm~rmm*^B4*mé*
 ---pagebreak---                                  Proposal for a
                            COUNCIL REGULATION fEECi
1fTÏ^H««t»j»»Qj for 1994, certain measures for the conservation and
of fishery resources, applicable to vessels flying the flag of a Member
State,    other  than  Spain  and   Portugal,  in  waters  falling  under the
sovereignty or within the jurisdiction of Spain
                                                                              $k*
 ---pagebreak---                             EXPLANATORY MEMORANDUM
The accession arrangements provide that vessels of the Member States, with
the exception    of Spain    and Portugal, shall be allocated        fishing
possibilities in Atlantic waters failing under the sovereignty or within the
jurisdiction of the Kingdom of Spain and covered by the ICES, for a certain
period and under certain conditions, that the number of vessels authorized
to fish in these waters should be fixed annually and that the rules
governing access thereto should be laid down.
The purpose of this proposal for a Regulation is to establish, for 1994, the
quantities of fish which may be taken by vessels of the Member States, with
the exception of Spain and Portugal, in waters falling under the sovereignty
or within the jurisdiction of the Kingdom of Spain and covered by the ICES,
the number of such vessels, the type of fishing gear to be used and the
period of fishing authorization for each species.
This proposal rolls over the provisions set out by Council Regulation (EEC)
N 3906/92 of 19 December 1992 t1) and completes the technical measures
established by Council Regulation (EEC) No. 3716/85 ( 2 ).
(1) O.J. No. L 394 of 31.12.1992, p. 17,
(2) O.J. No. L 360 of 31.12.1985, p. 7.
                                                                          ,• *
                                                                             r
                                                                              1
 ---pagebreak---                           Council Regulation (EEC) H
                                       of
establishing, for 1994, certain measures for the conservation and management
of fishery resources, applicable to vessels flying the flag of a Member
State,   other    than  Spain   and  Portugal,  in  waters   falling  under the
sovereignty or within the jurisdiction of- Spain
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to the Act of Accession of Spain and Portugal, and in
particular Article 164 thereof,
Having regard to the proposal from the Commission,
Whereas, pursuant to Article 164 of the Act of Accession, it is for the
Council to fix the fishing possibilities and the corresponding number of
Community vessels which may fish in Atlantic waters falling under the
sovereignty    or   within  the   jurisdiction of  Spain   and  covered  by the
International Council for the Exploration of the Sea (ICES);
Whereas   it is therefore necessary to establish principles and certain
procedures at Community level so that each Member State can assure the
management of the fishing activities of vessels flying its flag;
Whereas these possibilities are determined, with respect to species subject
to the system of total allowable catches (TACs) and quotas, on the basis of
the fishing possibilities allocated and, with respect to species not subject
to the TAC and quota system, according to the relative stability of stocks
and the need to ensure their conservation;
Whereas specialized fishing activities shall be carried out with the same
quantitative limits as those specified for Spanish vessels authorized to
carry out their fishing activities in the waters of Member States apart from
Portugal;
                                        - 1 -
    mmfmlmmfcmmm                                                                \0
 ---pagebreak--- Whereas the specific conditions governing the fishing activities of such
vessels should be laid down,
Whereas the fishing activities covered by this Regulation are subject to the
control measures provided for by Council Regulation (EEC) N 2241/87 (^-), as
amended  by  Regulation   (EEC) N 3483/88 (2),  as  well  as to  the  specific
procedures  drawn   up  in  accordance  with  Article  164(4) of  the  Act  of
Accession,
HAS ADOPTED THIS REGULATION :
                                    Article 1
The number of vessels flying the flag of a Member State of the Community,
other than Spain and Portugal, authorized to fish in waters falling under
the sovereignty   or within the jurisdiction of Spain as provided       for in
Article 164 of the Act of Accession and the procedures governing access,
shall be as set out in the Annex.
                                    Article 2
This Regulation shall enter into force on 1 January 1994.
It shall be applicable until 31 December 1994.
This regulation shall be binding in its entirety and directly applicable in
all Member States.
Done at Brussels,
                                                      For the Council,
                                                       The President
(1) JO N° L 207, 29.7.1987, p. 1.
(2) OJ N° L 306, 11.11.1988, p. 2.
                                      - 2 -
immwsiimmmi                                                                    \\
 ---pagebreak---                                                                                                                  ANNEX
                                                              EEC - SPAIN
                                                          I. General fishing
                                                                                     Total number of vessels         Period
          Species                      ICES zone     Authorized fishing gear                                       of fishing
                                          (1)                                     Basic list      Periodic list   authorization
          Hake                         VIII, IX   Long-lines, trawls                                               year-round
         (Merluccius                              (vessels over 100 grt)
          merluccius)
          Monkfish                     VIII, IX                Trawl                                               year-round
         (Lophius piscatorius)
        (Lophius boudegassa)
                                                                                  )    10        )     5 (2)
          Megrim                       VIII, IX                Trawl              ) (France)     )  (France)       year-round
        (Lepidorhombus whiffiagonis)
         (Lepidorhombus boscii)
          Norway lobster               VIII,                   Trawl                                               year-round
         (Nephrops norvegicus)         IX
          Pollack                      VIII,                   Trawl                                               year-round
        (Pollachius pollachius)        IX
   (1) Waters falling under the sovereignty and within the jurisdiction of the Kingdom of Spain.
   (2) Total number of standard vessels per Member State; standard vessel means a vessel having a brake horsepower equal 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.
N^
 ---pagebreak---                                                                  - 2 -                                    (CEE —   ESPAGNE) suite
                                                          II. Specialized fishing
                                                                                    Total number of vessels         Period
      Species                       ICES zone     Authorized fishing gear                                         of fishing
                                      (1)                                         Basic list    Periodic list    authorization
      All                           VIII,IX    Long-lines                            25           10              year-round
                                               (vessels under 100 grt)
                                               Rods
                                               (vessels under 50 grt)                             64              year-round
      Anchovy                       VIII       Seine                                              40 (France)   between 1/3
     (Engraulis encrasicholus)                                                                                  and 30/6
     as main catch
      Anchovy                       VIII       Seine                                              20 (France)   between 1/7
     (Engraulis encrasicholus)                                                                                  and 31/10
     as live bait
      Sardine                       VIII       Seine                                  71          40 (France)   between 1/1
     (Sardina pilchardus)                      (vessels under 100 grt)               (France)                   and 29/2 and
                                                                                                                between 1/7
                                                                                                                and 31/12
                                                                                Authorized                         Period
                                    Quantity              ICES                    fishing        Total number    of fishing
     Species                        (tonnes)           zone (1)                   vessels         of vessels    authorization
      Thunnidae                    unlimited           VIII, IX                 All except        unlimited      year-round
                                                                                  gillnets
    (1) Waters falling under the sovereignty and within the jurisdiction of the Kingdom of Spain.
t/4
 ---pagebreak---                                                                     ISSN 0254-1475
                                                              COM(93) 616 final
                                                     DOCUMENTS
EN                                                                             03
                                Catalogue number : CB-CO-93-654-EN-C
                                                             ISBN 92-77-61887-6
Office for Official Publications of the European Communities
Lr2985 Luxembourg