CELEX: 31978R3040
Language: en
Date: 1978-12-18 00:00:00
Title: Council Regulation (EEC) No 3040/78 of 18 December 1978 amending Regulation (EEC) No 2327/78 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

23 . 12. 78                          Official Journal of the European Communities                          No L 361 / 5
                                     COUNCIL REGULATION (EEC) No 3040/78
                                                   of 18 December 1978
                amending Regulation (EEC) No 2327/78 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
 THE COUNCIL OF THE EUROPEAN                                        shall be valid from the first day of a month to the
 COMMUNITIES,                                                       last day thereof. Applications for licences shall be
                                                                    made not later than 20 days before the desired
 Having regard to the Treaty establishing the European              date of commencement of validity.
 Economic Community, and in particular Article 103
 thereof,                                                           However, in October 1978, licences may be valid
                                                                    from a different day. In such a case, applications
 Having regard to the proposal from the Commission,                 shall be made not later than 10 days before the
                                                                    desired date of commencement of validity.
 Whereas on 4 October 1978 the Council adopted
 Regulation (EEC) No 2327/78 laying down certain
 measures for the conservation and management of                    The validity of a licence issued in October 1978
 fishery resources applicable to vessels flying the flag of         may expire on 20 November 1978 . A licence
 Spain for the period 1 October to 31 December                      issued in November 1978 may be valid from 21
                                                                    November 1978 .
 1978 0);
Whereas when Regulation (EEC) No 2327/78 became                     2. Except in the case of the licences referred to
 operative transition to the new arrangements gave rise             in paragraph 4, the validity of licences may be
 to difficulties, particularly as regards the drawing up of         extended under the conditions laid down in the
 fishing plans for the Spanish ports concerned ;                    first subparagraph of paragraph 1 .
whereas this should be remedied in such a way as will
 not affect the balance of the Framework Agreement
                                                                    3.     Licences may be cancelled with a view to the
on fisheries negotiated between the Community and                   issue of new licences. The cancellation shall take
Spain ;
                                                                    effect on the first day of the month following the
                                                                    surrender of the licences to the Commission .
Whereas provisions should be made to permit the
 temporary withholding of licences from vessels for
which the obligations arising from the arrangements                 However, for the licences referred to in paragraph
 laid down in Regulation (EEC) No 2327/78 have not                  4. cancellation shall take effect on the day of their
been observed ;                                                     surrender to the Commission .
Whereas such measures must be taken without delay                   The new licences shall be issued in accordance
and it is therefore necessary to adopt them as interim              with paragraph 1 .
 measures on the basis of Article 103 of the Treaty,
subject to their being included at a later date in the
common agricultural policy,                                         4. Subject to paragraph 3 being applied,
                                                                    licences valid on 30 September 1978 shall remain
                                                                    valid until 31 October 1978 .
 HAS ADOPTED THIS REGULATION :                                      5.    No licence shall be issued for three months
                                                                    to vessels for which the obligations laid down in
                                                                    this Regulation have not been observed.'
                           Article 1
Article 8 of Regulation (EEC) No 2327/78 shall be
 replaced by the following :                                                            Article 2
      'Article 8
                                                                This Regulation shall enter into force on the third day
                                                                following its publication in the Official Journal of
      1 . Subject to the second and third subpara­
                                                                the European Communities.
     graphs, licences issued pursuant to this Regulation
(■) OJ No L 280, 5. 10. 1978 , p. 16.                           It shall apply until 31 December 1978 .
 ---pagebreak--- No L 361 /6                    Official Journal of the European Communities                        23 . 12. 78
            This Regulation shall be binding in its entirety and directly applicable in all Member
            States .
            Done at Brussels, 18 December 1978 .
                                                                     For the Council
                                                                       The President
                                                                     H.-D. GENSCHER