CELEX: 51978PC0760
Language: en
Date: 1978-12-20
Title: Proposal for a COUNCIL REGULATION (EEC) laying down certain interim measures for the conservation and management of fishery resources applicaole to vessels flying the flag of Spain for the period 1 - 31 January 1979 (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (78) 760
Vol. 1978/0276
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In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
concerning the opening to the public of the historical archives of the European Economic
Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
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In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
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 ---pagebreak---  COMMISSION OF THE EUROPEAN COMMUNITIES
                                                          COM(78)760 final.
                                                  Brussels , 20 deceufber 1978
                            Proposal for a
                       COUNCIL REGULATION (EEC ) ...
           lavinr down certain interim measures for the conser­
           vation and management of fishery resources applicaole
           to vessels flying the flag of Spain for the period
                            1 - 31 January 1979            _
                    ( submitted to the Council "by the Commission)
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CCM(78 ) 760 final*
 ---pagebreak---                               IXFLANAT68Y MËM68ÀN5UM
  A framework agreement was signed on 23 September 1978 by the Community and
  Spain . Following ari exchange of letters between the two parties ,, this agreement
 became provisionally operative ponding it being concluded by ratification . The
  Commission has submitted a proposition to the Council to this effect .
  On the basis of this agreement and in accordance with its provisions , the
 two parties conferred on the fishing effort during the last quarter of 1978 of
 one in the waters of the other . The results of these consultations were
  ratified by the Community by the adoption of regulation no . 2327 / 78 of 4
 October 1978 .
The validity of this regulation expires on 31 December 1978.     In order to lay down
the regime that was to substitute it from 1 January 1979 , the two parties
conferred recently on two occasions . However these consultations have not yet
resulted in an agreement . They will be resumed at the beginning of January .
Since the adoption of the Community 's fishing zone , successive Council regulat­
ions have authorised , within certain constraints necessitated by a conservation
policy , Spanish fishermen to be active within it ; The negotiation of a frame­
work agreement on fisheries require the determination of the two parties to '
keep to similar objectives . At present , the loss of the latter will risk the
jeopardising of the signing and conclusion of the framework agreement . In
order to avoid this occurring , the Council is asked to adopt the regulation
proposed in the annex .
 ---pagebreak---                                COUNCIL REGULATION (EEC ) N°
                                       of
                 laying down certain interim measures for the conser­
                vation and management of fishery resources applicable
                 to vessels flying the flag of Spain for the period
                                    1-31 January 1979
 THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
 Having regard to the Treaty establishing the European Economio Community , and in
 particular Article 103 thereof ,
Having regard to the proposal from the Commission ,
Whereas on 3 November 1976 "the Council adopted a set of resolutions concerning
certain external and internal aspects of the common fisheries policy ;
Whereas the Community and Spain have negotiated a framework agreement on
fisheries ;
Whereas the Commission haa submitted to the Council a proposed conclusion to this
agreement ;
Whereas fishing by Spanish vessels in the Community fishery zone is authorized
until 31.12.78 according to Council Regulation (EEC ) N° 2327/78 of 4"th October
1978 , laying down certain measures for the conservation and management of fishery
resources applicable to vessels flying the flag of Spain for the period 1 October
to 31 December 1978 ( l )»
Whereas consultations are now taking place between the Community and Spanish
delegations concerning their reciprocal fishing possibilities in 1979 ?
Whereas it is necessary to avoid an interruption in the reciprocal fishing
activities whilst awaiting the conclusion of these consultations ;
Whereas in order to avoid an interruption of fishing by Spanish vessels in
the Community fishery zone appropriate measures must be adopted before
1st January 1979 »
Whereas this set of measures must be taken without delay and it is therefore
necessary to adopt them as interim measures on the basis of Article 103 of the
Treaty ,
HAVE ADOPTED THIS REGULATION :
                                                                    • #/• • •
( l ) OJ n°L280 f 5 . IO .78 , p. 16
 ---pagebreak---                                               Article 1
      The only catches which vessels flying the flag of Spain are authorized to
make daring the period 1 January to 31 January 1979 in the 200 nautical 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 1'aid down "by this Regulation*
                                               Article 2
1.    Pishing 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 conser­
vation and supervisory measures and other provisions governing fishing in the
zones referred to in Artiole 1 .
2.    Subject to paragraph 3 being applied , licences valid on 31 December                      1978
shall remain valid until 31 January 1979 *
3.   Licences referred to in paragraph 2 may be cancelled with a view to the
issue of new licences according to the number set dawn in Annex I point 2 .
The cancellation shall take effect the day they are surrended to the Commission ,
Applications for new licences shall be made not later than 10 days before the
desired date of commencement of validity.
                                                Article 3
                    1# Each licence shall be valid for one vessel only.
                    When several vessels are taking part in the same
                    fishing operation, each vessel must be in possession of
                    a licence.
                    2 . However, in the case of the fishing referred to in
                    point 2 (b), (c) and (d) of Annex I, a single licence may
                   be issued on request for two vessels whose particulars
                   shall be entered at the same time on the licence.
                   For each of the said types of fishing, the Spanish
                   authorities shall provide a list of vessels which shall
                   not exceed in number chat fixed in the last column of
                   point 2 of Annex I, specifying for which vessels a
                   licence or a joint licence is requested and, where
                   appropriate, the period of validity requested.
 ---pagebreak---                   3o   The captains of vessels holding a n'ccncc must
                  respect the special conditions laid down in Annex II.
                  These conditions shall form part of the licence .
                  In the case of tunny fishing, only points 1 and 2 of
                  those special conditions must be observed.
                  4 . A vessel fishing in accordance with this Regula­
                  tion may hold only one licence.
                                               Article 4
1.    The period of validity of the licences shall expire as soon as it has been
established that the quantities laid down in point 1 of Annex I have "been fished,
2.    No licences shall "be issued for a period of 3 months to vessels not
respecting the obligations laid down in the present regulation.
                                                 Article 5
                         1 . The captains of vessels holding a licence for the
                         fisheries mentioned in subparagraph 2 (a) of Annex I
                         must supply the information specified in the licence
                         to the Commission through a radio station in one of
                         the Member States.
                         2.    Licences for types of fisheries other than tunny
                         may be invalidated if the Commission does not
                         receive by the fifth and 20th day of each month infor­
                         mation communicated by ihe competent authorities
                        of Spain concerning the catches made by each vessel
                        and the landings made in each port during the pre­
                        vious fortnight.
                                                Article 6
                        1.     In fishing for hake, total by-catches of cod,
                        haddock, whiting, pollack and saithe may not exceed
                        3 % and the total of those of clupeid fish and Norway
                        lobster (Nephrops norvegicus) may not exceed in total
                        5 % of catches on board a vessel. By-catches of sole
                        and plaice shall be forbidden .
                        2. In fishing for sardines, by-catches of horse-mack-
                        erel may not exceed, per vessel, 10 % by weight of the
                        total catch or of any sample thereof of at least 100
                        kilograms in the hold after sorting ; by-catches may
                        nor include fish of ocher species or invertebrates.
                        3.    Tunny vessels may neither fish nor have on
                        board any species other than thunnidae except for
                       anchovy destined for live "bait »
 ---pagebreak---                                                 Article 7
1.      Pishing "by means of gill nets shall "be prohibited.
2.      The vessels may have on "board no fishing gear other than that necessary
for the fishing authorized.
3.      However, vessels fishing for tuna with live bait are authorized to have
on "board fishing gear necessary for this fishery.
                                               Article 8
                       1 Fishing may not take place in a zone, within
                       ICES divisions VI and VII, situated south of 56° 30'
                       North, east of 12° West and north of 50° 30 North.
                       2. The fishing referred to in point 2 (d) of Annex I
                       may not take place east of 1° 48 West.
                                               Article 9
                        This Regulation shall enter into force on the day
                        following its publication in the Official Journal of
                        the European Communities.
                        It shall be applicable from 1 January t° 31 January
                         1979 .              ■
                            . . I                                                         .
 This Regulation shall "be binding in its entirety and direotly applicable in
 a"l 1 Member States .         '             ~~
 Done at .
                                                                        For the Council ,
                                                                          The President .
 ---pagebreak---                                                             ANNEX I
i . Fishing quotas for the period 1 January to 31 January 1979 :
                                                                                             lCBS                 Quantity
                                             Species
                                                                                            dmstoa                (tonnes)
     Hake                                                                                    VI                     176
                     i                            •
                                                                                             VII
                                                                                             VIII                  fa .
     Other species taken as by-catches of hake fishing in                                    VI               -     352
     accordance with Article 6 ( 1 )                                                         VII               1.200
                                                                                             VIII              1.448
    Number of licences that may be issued for the various ICES divisions
                           Type of fishing
                                                                       ICES               Nufflber of  .        Complété liât
                                                                     dmùon                 licences              of <eml>
    (a) Vessels conducting hake fishing                                VI                      37(')
                                                                       VII                   104 0)
                                                                      VIII                     99 (<)
    (b) Sardines (seiners not exceeding 100
            GRT)                                                      VIII                     40                    71
    (c) Long-liners           not      exceeding        100
            GRT                                                      VIII *                    10                    17
    (d) Fishing exclusively with rods from
            vessels not exceeding 50 GRT                              VIII                     50                    60
    (e) Tunny                                                    VL VIL VIII                          No limit
                                                                                                ;          I               ;
    (' ) Figure fixed on the basis of i standard vessel with a brute horse-power of 700 bhp.
         The conversion factors for vessels of another hone-power tie as follows ;
                              Horte-power                                                          . Ctfftcieni
          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                                                     107
          I 000 bhp or more, but not exceeding 1 200 bhp                                                 Ml
         Over 1 200 bhp                                                                                  22S
         Long-linen other than those specified in 2 (c)                                                  0-33
 ---pagebreak---                                                 ANNEX II
                                            Spécial conditions
1 . T!. fishing licence rr.vrt 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.
     The letters and numbers shall be painted in a colour contrasting with that of the hull or super­
     structure and shall' not be effaced, altered, covered or otherwise obscured.    .
3. A log book must be kept in which the following details are to be entered after each fishing opera­
     tion :
     3.1 . the quantity (in kg) of eacb 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. Information must be transmitted by the licensed vessel to the Commission of the European
     Communities at Brussels (Telex address 21877 COMEU) 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 rniie 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 the Community which is covered by Community fisheries regulations ;
     43. on each occasion the vessel moves from one ICES subdivision to another within the zones as
            defined 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 zone of the Member States as referred to in 4.1 above or the day the vessel leaves
            a port as referred 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 oth<r vessels since the previous transmis­
            sion .
 ---pagebreak---  i he detail:; provided for in point 5 must l>c transmitted in accordance with the following condi­
 tions :
6.1 . Every message relating to ih » fishing licence must be preceded by the words PECHFUR
       BRUSSEL.
6.2. Ail messages must be transmitted via a radio station on the list below :
               A'ame                                  „            Calt sign
              North Foreland                                         GNF
              Humber                                                 GK.Z
              Culiercoats                                            G CC
              Wick        •                                          GKR
              Oban                                                   GNE
              Portpatrick                                            GPK
              Anglesey                                               GLV
              Ilfracombe                                              GIL
              Niton                                                  GNI
              Stonehaven                                             GND
              Portshead                                              GKA
                                                                     GKB
                                                                     GKC
              Land's End                                             GLD
              Valentia '                                         •   EjK
              Malin Head                                             EJM
              Boulogne                             ,                 FFB
              Brest                                                  FFU
              Saint-Nazaire                                          FFO
              Bordeaux-Arcachon                '                     FFC
63. 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.
6.4. Content of the message
      Messages transmitted under the provisions of the licence and in accordance with the time­
      table set out in point 4 must take into account the derails required pursuant to point 5 and
      contain the following information :
      – the code PECHEUR BRUSSEL, .
                                                             Y
      – name of vessel,
      – call sign.
      – external 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
          point 4,
     – the geographical position and the ICES statistical rectangle,
     – the quantity (in kg) of each species of fish in the holds using the code given in point 6.5,
     – the quantity (in kg) of each species caught since the previous transmission,
     – the ICES statistical rectangle in which the catches were taken,
     – the quantity (in kg) of each species transferred to other vessels since the previous transmis­
          sion ,
     – the name, call sign, and if applicable, the licence number of the vessel to which the
          transfer was made,
     – the name of the captain .
 ---pagebreak--- 6.5. The code to be used to indicate the quantities of fish on board as mentioned in point 6.4 :
     A Deep-water prawn (Pandalus borealis)                        /
     B Hake (Merlucdus rnerluccius)
     C Greenland halibut (Reinhardtius hippoglossoides)
     D Cod (Gadus morhua)
     E  Haddock (Melanogrammus aeglefinus)
     F  Halibut (Hippoglossus hippoglossus)
     G  Mackerel (Scomber scombrus)                                             '
     H  Horse-mackerel (Trachurus trachurus)
     I  Round-nose grenadier (Corypnanenoïdes rupestns)
     J  Saithe (Pollachius virens)
     K  Whiting (Merlaogius meriangus)
     L  Herring (Ciupea harengus)
     M  Sandeel (Ammodytes sp.)
     N  Sprat (Clupea sprattus)
     O  Plaice (Pleuronectes platessa)                          ■  '  '
     P  Norway pout (Trisopterus esmarkn)
     Q  Ling (Morva moiva)
     R Other
     S Shrimp (Penaeidae)
     T Anchovy (Engraulis encrasicholus)