CELEX: 31990R3936
Language: en
Date: 1990-12-20 00:00:00
Title: Council Regulation (EEC) No 3936/90 of 20 December 1990 fixing, for 1991, certain measures for the conservation and management of fishery resources , applicable to vessels flying the flag of a Member State, other than Spain and Portugal, in waters falling under the sovereignty or within the jurisdiction of Portugal

31 . 12 . 90                             Official Journal of the European Communities                            No L 378 / 85
                                        COUNCIL REGULATION (EEC) No 3936 / 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 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 ,                           tory 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
Having regard to the Treaty establishing the European               down by Article 351 (2), (3 ) and (4) of the Act of
Economic Community,                                                 Accession;
Having regard to the Act of Accession of Spain and                  Whereas the fishing activities covered by this Regulation
Portugal, and in particular Article 351 thereof,                    are subject to the control measures provided for by
                                                                    Regulation (EEC) No 2241 / 87 ( ! ), as amended by
Having regard to the proposal from the Commission ,                 Regulation (EEC) No 3483 / 88 (2), as well as to the
                                                                    specific detailed rules drawn up in accordance with the
                                                                    second subparagraph of Article 351 (5 ) of the Act of
Whereas, pursuant to Article 351 of the Act of Accession ,          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;
                                                                    HAS ADOPTED THIS REGULATION :
Whereas these possibilities are determined, with respect to
pelagic species not subject to the system of total allowable
catches (TACs) and quotas, other than highly migratory                                           Article 1
species, on the basis of the situation of the fishing activities
of the Member States apart from Spain, in Portuguese                The number of vessels flying the flag of a Member State,
waters for the period prior to accession ; whereas there is a       other than Spain and Portugal , authorized to fish in waters
need to ensure stock conservation , taking account                  falling under the sovereignty or within the jurisdiction of
moreover of the limits placed on fishing by Portuguese              Portugal , as provided for in Article 351 of the Act of
vessels for similar species in waters of the Member States ,        Accession and the procedures for access, shall be as set out
apart from Spain;                                                   in the Annex .
Whereas, for 1991 , no fishing possibilities for species not
subject to TACs and quotas are granted to Portugal in the                                        Article 2
waters of the Member States apart from Spain;
                                                                    This Regulation shall enter into force on 1 January 1991 .
Whereas the specific conditions governing the fish­
ing activities of vessels exploiting stocks of highly migra­        It shall be applicable until 31 December 1991 .
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  Sates .
                  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 / 86                                      Official Journal of the European Communities                          31 . 12 . 90
                                                                            ANNEX
                                                                     EEC — PORTUGAL
                                                                                                                       Period of
                                         Quantity                                       Authorized   Total number
              Species                                                  Zones { l )
                                                                                                     of vessels (3)     fishing
                                          (tonnes)                                      fishing gear                 authorization
Albacore tuna                           Unlimited          X and CECAF                   Troll line      110        Between 2 June
(Tbunnus alalunga)                                                                                   (France) (2)    and 28 July
Tropical tuna                           Unlimited          X (to the south of 36°30' N) All except    Unlimited       Year round
                                                           CECAF (to the south of 31° N   gill-nets
                                                           and to the north of 31° N to
                                                           the west of 17°30' W)
OtKer                                   Unlimited          IX                           All except    Unlimited       Year round
(Thunnidae)                                                                               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.