CELEX: 51989PC0588(03)
Language: en
Date: 1989-11-28
Title: PROPOSAL FOR A COUNCIL REGULATION ( EEC ) FIXING, FOR 1990, 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

COMMISSION OF THE EUROPEAN COMMUNITIES
                                                                           C0M(89) 588 f i n a l
                                                                           B r u s s e l s , 28 November 1989
                                                   Proposal f o r a
                                           COUNCIL REGULATION (EEC)
f i x i n g , f o r 1990, c e r t a i n measures f o r the c o n s e r v a t i o n and management
       of f i s h e r y r e s o u r c e s , a p p l i c a b l e t o vessels f l y i n g the f l a g of a
         Member S t a t e , o t h e r than Spain and P o r t u g a l , i n waters                falling
          under the s o v e r e i g n t y or w i t h i n t h e j u r i s d i c t i o n of      Portugal
                                                  Proposal f o r a
                                           COUNCIL REGULATION (EEC)
f i x i n g , f o r 1990, c e r t a i n measures 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 r e s o u r c e s , a p p l i c a b l e t o vessels f l y i n g the f l a g of a
         Member S t a t e , o t h e r than Spain and P o r t u g a l , i n waters                falling
             under the s o v e r e i g n t y o r w i t h i n t h e j u r i s d i c t i o n of   Spain
                                                  Proposal f o r a
                                           COUNCIL REGULATION (EEC)
f i x i n g , f o r 1990, c e r t a i n measures 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 r e s o u r c e s , a p p l i c a b l e to vessels f l y i n g the f l a g of
            P o r t u g a l i n waters f a l l i n g under t h e s o v e r e i g n t y o r      within
                 the j u r i s d i c t i o n of a Member S t a t e , a p a r t from Spain
                                                     and P o r t u g a l
                                      (presented by the Commission)
 ---pagebreak---                                                                   Ctrrrtf
                             EXPLANATORY MEMORANDUM
The pu -pose of this proposal for a Regulation, in accordance with Article 351
of the Act of Accession of Spain and Portugal, is to establish, for 1989, the
quanti :ies 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
fishir; j gear to be used and the period of fishing authorization for each
specie s.
The a( cession 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 t le number of vessels authorized to fish in these waters shoold be fixed
annual Ly, and that rules governing their access thereto should be laid down.
This i roposal, replaces and modifies Council Regulation (EEC) N° 3947/88 of
11 December 1988, and incorporates certain clarifications. It should be
adopte 1 before the date on which the latter expires (31 December L989).
 ---pagebreak---                                                                 C O U N C I L R E G U L A T I O N (EEC) N c                 /89.
                                                                                 of                               198y
                            ! i \ m g , tor 19 ''-' certain measures for the conservation ami management of fishery resources,
                            applicable to vessels flying the flag of a M e m b e r State, other than Spain and Portugal, in waters
                                                 falling under the sovereignty or within the jurisdiction of Portugal
THE COUNCIL Ol THE EUROPEAN COMMUNITIES.                                                          species, for   which catch possibilities arc granted, should be
                                                                                                  laid d o w n ,  whereas the limits concerning rhe zones and
Having regard '<• rhe Treaty establishing rhc European                                            the periods     of fishing of these vessels are laid down by
Economic Comrmimrv,                                                                               Article 3^1    (2), (3) and (4) of the Act of Accession;
Having regard in ihe Act of Accession ol Spam ami Portugal,                                       Whereas ilie- lishing activities covered tu (his Regulation are
and in particular Article .351 thereof.                                                          subject to the control measures provided for by Regulation
                                                                                                 (EEC) N . . 2 2 4 1 / 8 7 ( ' ) . as well as to the specific detailed
   .1 v i n e i T.- 1 '              I M ( i|>i >•..! I f r o m llic ( inniiii'.sti in            rules <!i i A n up m accordance with the ,e<_(imI sulip.iraKt.iph
                                                                                                 ol Anicli f S | (5) of the Act of Accession,
Whereas, put suant to Article 35 1 of the Act ol Accession, it is
for the C o u i c i l to fix the fishing possibilities and the
c o r r e s p o n d s 5 nurr.ber of C o m m u n i t y vessels which may fish
in the water- referred to in that Article;                                                        HAS ADOrTF.D THIS REGULATION:
Whereas the             e possibilities are determined, with respect to
pelagic speci            s not subject to the system of total allowable                                                            Article 1
catches (TA             Zs) and q u o t a s , other than highly migratory
species, on tl         e basis of the situation of chc fishing activities of                     T h e number of vessels flying the flag of a Member State,
the M e m b e r        Stares apart from Spain, in Portuguese waters                             other than Spain and Portugal, authorized to fish in waters
for the peric         i prior to accession; whereas there is a need to                            falling under the sovereignty or within rhe jurisdiction of
ensure stock            conservation, taking account moreover of the                              Portugal, as provided for in Article 351 of rhe Act of
limits placet             on fishing by Portuguese vessels for similar                           Accession and the procedures for access, shall be as set out in
species in w            tcrs of the Member States, apart from Spain;                             the Annex.
Whereas, U 1^90, no lishing possibilities for species not
subject to T \C.s a;id quotas arc granted to Portugal in the                                                                       Article 2
waters of th Member States apart from Spain;
                                                                                                 This Regulation shall enter into force on 1 January            19  90.
Whereas th : specific conditions governing the fishing
activities of vessels exploiting stocks of highly migratory                                      It shall be applicable until 31 December           '990.
                               ins Regulation shall he binding m its entirety and du«.. dy applicable in all Member
                                .itfS.
                            Done at Brussels,
                                                                                                                             For the      Council
                                                                                                                                The    President
                                                                                                 (•) OJ N . . Î ?«i7. 29 7. 1 9 8 7 , p . 1.
 ---pagebreak---                                                                    EEC - PORTUGAL                                 ANNEX
                      1
         opecx-iS        Quantity          Zones              Authorized      Tot_a± auiujer ox    Period of
                         (tonnes)            (1)             fishing gear          vessels (3)      fishing
                                                                                                  author i zation
    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      fillnets             Unlimited       year-round
                                   of 31 °N to the west of
                                   17°30'W)
    Other tunas         Unlimited  DC                        All except           Unlimited        year-round
                                                              fillnets
(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.
 ---pagebreak---                    Business and employment inpar-t statpmpnt
This proposal is intended to regulate fishing activities in Portuguese
.vaters in the interests of conserving marine resources. The proposal does
not have any particular effects on small and medium-sized enterprises and
the aim of conservation is in the long-term interest of SMEs and business
in general.
                                                                           S
 ---pagebreak---                             EXPLANATORY MEMORANDUM
The purjose of this proposai tor a Regulation, in accordance with Article 164
of the ten ot Accession of Spam and Portugal, is to establish, tor 1989, 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 with in the jurisdiction of the Kingdom of Spam and covered by the ICES,
the nur iber of such vessels, the type of fishing gear to be used and the
period ot fishing authorization for each species.
The accession arrangements provide that vessels ot the Member States, with
the exception of Spam and Portugal, shall be allocated fishing possibilities
in Atlantic waters failing under the sovereignty or within the jurisdiction
of the Kingdom of Spam 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.
This proposal, replaces and modifies Council Regulation (EEC) N° 3948/88 of
11 December 1988, and incorporates certain clarifications. It should be
adopted before the date on which tne latter expires (31 December 1989).
 ---pagebreak---                                            COUNCIL REGULATION (EEC) No                          /89,
                                                        of                     198 9
                  fixing, for 19ÇQ, 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,                              Whereas the specific conditions governing the fishing
                                                                       activities of such vessels 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 Council
                                                                        Regulation (EEC) No 2241/87 of 23 July 1987, establishing
Having regard to the Act of Accession of Spain and Portugal            certain control measures for fishing activities ('). as well as
and in particular article 164 thereof.                                 to the specific procedures drawn up in accordance with
                                                                       Article 164 (4) of the Act of Accession,
Having regard to the proposal from the Commission,
Whereas, pursuant to Article 164 of the Act of Accession, it is
                                                                       HAS ADOPTED THIS REGULATION:
for the Council to fix the fishing possibilities and the
corresponding number of Community vessels which may fish
in Ailnnric waters Lillinj', under thr sovereignty or within the
luii.sdiction ol Sp.iin and covered by the lnternation.il                                         Artulr  I
Council for the Exploration of the Sea (ICES);
                                                                       The number of vessels flying the flag of a Member State,
                                                                       other than Spain and Portugal, authorized to fish in waters
Whereas these possibilities are determined, with respect to            falling under the sovereignty or within the jurisdiction of
species subject to the system of total allowable catches               Spain as provided for in Article 164 of the Act of Accession
(TACs) and quotas, on the basis of the fishing possibilities           and the procedures governing access, shall be as set out in the
allocated and, with respect to species not subject to the TAC          Annex.
and quota system, according to the relative stability of stocks
and the need to ensure their conservation;
                                                                                                  Article 2
Whereas specialized fishing activités shall be carried out with
the same quantitative limits as those specified for Spanish            This Regulation shall enter into force on 1 January 19 90.
vessels authorized to carry out their fishing activities in the
waters of Member States apart from Portugal;                           It shall be applicable until 31 December 1 5 9 0 .
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States.
                 Done at Brussels,
                                                                                              For the Council
                                                                                               The President
                                                                     (') OJ No L 207. 29. 7. 1987, p. 1.
                                                                                                                       }
 ---pagebreak---                       <•.»•> <..>•-•.!;'•• - •
       'k .• •••
                                                                                                                 AMŒX
                                                                     EEC - SPAIN
                                                                 T. General fishing
                                                                                       Total number of vessels        Period   1
      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)                     DC
      Pollack                                  VIII,                  Trawl                                         year-round
     (Pollachius pollachius)                   rx
(1) Waters falling under the sovereignty and within the jurisdiction of the Kingdom of Spam.
(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.
06
 ---pagebreak---                                                                 _ "> —                                   (CEE —    ESPAGNE) saice
                                                         II. Specialized fishing
                                                                                   Total number of vessels           Period    I
     Species                        ICES zone     Autnorized fishing gear                                         of t'l-Shing j
                                      (1)                                       Basic list:    Periodic list     authorization
     All                            VIII, IX   Long-lines                           25           10               year-round
                                               (vessels under 100 grt)                                                          i
                                               Reds
                                               (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       Seme                                  71          40 (France)    bet. ween 1/1
    (Sardina pilchardus)                       (vessels under 100 grt)            (France)                     and 29/2 ani
                                                                                                                between 1/7
                                                                                                               and 31/12
                                                                                                                            .
                                                                               Atithorized                          Period
                                    Quantity              ICES                   fishing        Total number     of fisnmg
    Species                         (tonnes)           zone (1)                  vessels         of vessels    authorization
     Thunnidae                     unlimited           VIII, IX                All except j      unlimited       year-round
                                                                                 fillnets ;
                                                                                            i                                   !
   (1) Waters falling under trie sovereignty and within the jurisdiction of the Kingdom of Spam.
L5
 ---pagebreak---                   Business and employment impact statement
This proposal is intended to regulate fishing activities in Spanish waters
in the interests of conserving marine resources. The proposal does not
have any particular effects on small and medium-sized enterprises and the
aim of conservation is in the long-term interest of SMEs and business in
general.
                                                                        -fo
 ---pagebreak---                                 EXPLAMA,?C>R':' .^-.MOKANDLg-l
Trie TXir.;X)s^ of this proposal cor a Reg ;.;!-;-:.". ,• i.< accordance witn Article sV-j
of tne Act of Accession of Spain and Portugal, is to establish, /.or 1989, tne
quantities of fish which may be taiœn by Portuguese vessels m liters falling
under the sovereignty or within the juridiction of the Member States, with
the exception or S p a m and Portugal, the numbers of such vessels, the t/pe of
fishing gear to be used and the period of fishing authorization for each
s pec le.s.
The --K-cession 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 Meinour States, witn the
exception of S p a m and Portugal, tor 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 bien
provided that the number of Portuguese vessels authorized to fish in these
water.v- should be fixed annually and tnat rules governing their access thereto
should be Laid down.
This proposal, replaces and modifies Council Regulation (EEC) M° 3949/88 of
11 December 1988, and incorporates certain clarifications. It should be
adopte! before the date on which the latter expires (31 December 1989).
                                                                                  s,*
 ---pagebreak---                                                 COUNCIL REGULATION (LLC                                      /89
                                                              of                             10? 9
                         \ m g , for*1*3*^0certaiu measures for the conservation ami management of fishery resources
                       pplicable to vessels flying the flag of Portugal in waters falling under the sovereignty or •* iihin
                                      the jurisdiction <>l a Member State, apart from Spam and Portugal
THE COUNCL.             ' TUli KUROPIiAN COMMl•NITlfcS.                     Whereas the specific conditions governing the fishing
                                                                            activities referred to in Article 349 of the Act of Accession
Having r e g a r i :•. • rhe Treaty establishing iiie European              should be laid d o w n ;
Economic Coti::- :m:\ ,
                                                                            Whereas -.he fishing activities covered b\ this Regulation are
Having regard i : :-.e Act of Accession of Spain and Portugal,              subject :•> the control measures provided for by Regulation
and in particular Article 349 thereof.                                      (EEC) N o 2 2 4 1 / 8 7 (»), as well as to the specific detailed
                                                                            rules d r a w n up in accordance with the second subparagraph
Having regard :          -he proposal from the Commission,                  of Article 349 (5) of the Act of Accession,
Whereas, purs:;.. to Article 349 of the Act of Accession, it is
for the Com».: •o !i\ the fishing possibilities and the
corresponding :: mber of Portuguese vessels authorized to                   HAS At)< 'ITED THIS REGULATION:
fish in the w.i: :s reierred to in paragraph I of that
Article;
                                                                                                           Article 1
Whereas, pursua-T to Article 349 ( 2 ' \ fishing possibilities for
catches <if Mur -miing .nul horse mackerel .ire granted to                  T h e mii:il."-r of vessels flying the flag •>! Portugal authorized
Portuguese vesv . whereas the number of these vessels and                   to fish ii: waters falling under the sovereignty or within the
the procedures ' •• their access and control should be fixed                jurisdict'-i*. of another M e m b e r State, other than Spam, as
annually;                                                                   provided tor in Article 3 4 9 of the Act of Accession, the
                                                                            procedures for access and the catch possibilities for certain
Whereas fishing possibilities for species not subject to the                species shall be as set out in the Annex.
system of total allowable catches and the corresponding
n u m b e r 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                                                     Article  2
accession; wher- - there is a need to ensure the conservation
of stocks taking ;::<> account the limits imposed on fishing for            This Retaliation shall enter into force mi 1 January 19 9 0
similar specie- ... Portuguese waters by vessel*- of a M e m b e r
State other t h a - : \ n n ;                                               It shall apply until 31 December 19 9Q
                           is Regulation shall be landing in its entirety       \nd         tU applicable in all M.-vn-cr
                     I 'one at Brussels,
                                                                                                      For the      Coun^.
                                                                                                        The Preside n:
                                                                           C! o i N      : :<)•         1987. p. 1.
                                                                                                                                    A1>
 ---pagebreak---                                                                      POIOTJGAL - EEC                                  ANNEX
                          Species       Quantity    ICES         Autnorized      Total number of     Period of
                                          (t)       zone        fishing gear          vessels         fishing
                                                                                                    author.! z,-x r. ion \
                     Blue whiting        3 000    Vb, VI,VII,    Pelagic                 5 (3)       year-round
                    (Micranesistius               Villa,b,d       trawl                  2 (4)
                     poutassou)                    (1) (2)
                     Horse mackerel      3 000    Vb, VI, VII    Pelagic                 6 (3)       year-round
                   Trachurus trachurus            Villa,b,d       trawl                  4 (4)
                                                   (1) (2)
                     Thunnidae         unlimited  Vb, VI, VII   All except           unlimited       year-round
                                                  Villa,b,d      fillnets
                                                   (1) (2)
  (1) Except for the zone to the south of latitude 56°30' North, to the east of longitude 12° West and to the north of latituu»--
      SO^O 1 North.
  (2) Waters failing under the sovereignty and within the jurisdiction of Member States of the Community other thai: -v.v
      Portugal.
  (3) Total number (basic list) of standard Portuguese vessels; standard vessel means a vessel having a brake horsepower «• ; *!. "> .•<
      horsepower (BHP). The conversion rates for vessels having a different engine power are the same as those defined m
      Article 158(2) of the Act of Accession.
  (4) Total number of Portuguese vessels authorized to carry out fishing activities simultaneously (pecirxiic list).
^
u
 ---pagebreak---                   Business and employment impact statement
This proposal is intended to regulate fishing activities in the waters of
the Member States, apart fran Spain and Portugal, in the interests of
conserving marine resources. The proposal does not have any particular
effects on small and medium-sized enterprises and the aim of conservation
is in the long-term interest of SMEs and business in general.
                                                                          A
                                                                            H
 ---pagebreak---                                                                       ISSN 0254-1475
                                                               COM (89) 588 final
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