CELEX: 51988PC0605
Language: en
Date: 1988-11-03
Title: Proposal for a COUNCIL REGULATION (EEC) fixing, for 1989, 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#Proposal for a COUNCIL REGULATION (EEC) fixing, for 1989, 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#Proposal for a COUNCIL REGULATION (EEC) fixing, for 1989, 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#(presented by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (88) 605
Vol. 1988/0204
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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
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In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1. Februar
1983 über die Freigabe der historischen Archive der Europäischen Wirtschaftsgemeinschaft und
der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983, S. 1), zuletzt geändert durch die
Verordnung (EU) Nr. 2015/496 vom 17. März 2015 (ABI. L 79 vom 25.3.2015, S. 1), ist dieser Akt
der Öffentlichkeit zugänglich. Soweit erforderlich, wurden die Verschlusssachen in diesem Akt in
Übereinstimmung mit Artikel 5 der genannten Verordnung freigegeben; beziehungsweise werden
sie auf Grundlage von Artikel 26(3) und 59(2) der Entscheidung der Kommission (EU, Euratom)
2015/444 vom      13. März 2015 über die Sicherheitsvorschriften für den Schutz von EU-
Verschlusssachen als herabgestuft angesehen.
 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                     COM(88 ) 605 final
                                                     Brussels , 3 November 1988
                                   Proposal for a
                             COUNCIL REGULATION ( EEC )
fixing , for 1989 , 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
                                   Proposal for a
                             COUNCIL REGULATION ( EEC )
fixing , for 1989 , 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
                                   Proposal for a
                             COUNCIL REGULATION ( EEC )
fixing , for 1989 , 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
                                                   * c?
                                                 _ e-         r"»
                                         bes
                                              .. ?• V» C   x  ^
                                      by the Commission)
                          ( presented by
 ---pagebreak---                                                                     /> £ c> b
                                                                              /
                             вташотож геюшсш
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 1989, 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 .
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 .
This proposal , whose content is unchanged as compared with that of Council
Regulation (EEC ) N° 3760/87 of 30 November 1987 , should be adopted before the
date on which the latter expires ( 31 December 1988 ) .
 ---pagebreak---                                             COUNCIL REGULATION ( EEC )
                   fixing , for 1989 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 ,                               species , for which catch possibilities are granted , should be
                                                                        laid down , whereas the limits concerning the zones and
Having regard to the Treaty establishing the European                   the periods of fishing of these vessels are laid down by
Economic Community ,                                                    Article 351 ( 2 ), ( 3 ) and (4 ) of the Act of Accession ;
Having regard to the Act of Accession of Spain and Portugal ,           Whereas the fishing activities covered by this Regulation are
and in particular Article 351 thereof.                                  subject to the control measures provided for by Regulation
                                                                        ( EEC ) No 2241 / 87 ( ' ), as well as to the specific detailed
Having regard to the proposal from the Commission ,                     rules drawn up in accordance with the second subparagraph
                                                                        of Article 351 ( 5 ) of the Act of Accession ,
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
                                                                        HAS ADOPTED THIS REGULATION :
in the waters referred to in that Article ;
Whereas these possibilities are determined , with respect to
pelagic species not subject to the system of total allowable                                           Article 1
catches ( TACs ) and quotas , other than highly migratory
species , on the basis of the situation of the fishing activities of    The number of vessels flying the flag of a Member State ,
the Member States apart from Spain , in Portuguese waters               other than Spain and Portugal , authorized to fish in waters
for the period prior to accession ; whereas there is a need to          falling under the sovereignty or within the jurisdiction of
ensure stock conservation , taking account moreover of the              Portugal , as provided for in Article 351 of the Act of
limits placed on fishing by Portuguese vessels for similar              Accession and the procedures for access , shall be as set out in
species in waters of the Member States , apart from Spain ;             the Annex .
Whereas, for 198-9, 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 1939'.
Whereas the specific conditions governing the fishing
activities of vessels exploiting stocks of highly migratory             It shall be applicable until 31 December 1989.
                   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---                                                                                ANNEX
                                                                         EEC – PORTUGAL
                                                                                                                                      Period of
                                                Quantity                                             Authorized   Total number of
                  Species                       ( tonnes)
                                                                              Zones ( 1 )                                              fishing
                                                                                                     fishing gear    Vessels ( J ) authorization
Thunnidae                                 unlimited               IX                                      all        unlimited      year-round
Albacore tuna                             unlimited               X and CECAF                        Troll line         110        between 2 / 6
                                                                                                                   ( France) ( 2 )   and 28 / 7
( Thunnus alalunga)
Tropical tuna                             unlimited               X ( to the south of 36°30' N )          all        unlimited      year-round
                                                                  CECAF ( to the south of 31° N
                                                                  and to the north of 3 1 ° N to the
                                                                  west of 17°30' W
( ' ) Waters falling under the sovereignty or within the jurisdiction of Portugal .
( 2 ) Not exceeding 26 metres in length between perpendiculars.
( J ) Authorized to carry out fishing activities simultaneously .
 ---pagebreak---                   Business aid enploymsant inspect staiesESTt
This proposal is intended to regulate fishing activities in Portuguese
waters in the interests of conserving marine resources . Hie 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 .
 ---pagebreak---                               EXPLANATOEÛT MEMORANDUM
The purpose of this proposal for a Regular ior , ir accordarce with Article 164
of the Act of Accession of Spain ard Portugal , is to establish, for 1989, the
quart it ies of fish which may be taker by vessels of the Member States , with
the except ior of Spair ard Portugal, ir waters falling urder 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 .
The accession arrargemerts provide that vessels of the Member States , with
the exception of Spain and Portugal , shall be allocated fishing possibilities
in Atlantic waters falling 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 .
This proposal replaces Council Regulation (EEC ) N° 3762/87 of 30 November
1987 and should be adopted before the date or which the latter expires ( 31
December 1988 ) .
 ---pagebreak---                                          COUNCIL REGULATION ( EEC )
                 fixing, for 1989, 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
                                                                      sub|ect 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 1 64 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 Atlantic waters falling under the sovereignty or within the
                                                                                                  Article 1
jurisdiction of Spain and covered by the International
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 activites shall be carried out with
the same quantitative limits as those specified for Spanish           This Regulation shall enter into force on 1 January 1989
vessels authorized to carry out their fishing activities in the
waters of Member States apart from Portugal ;                         It shall be applicable until 31 December 198 9
                 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---                                                                                   ANNEX
                                                                                EEC – SPAIN
                                                                              I. General fishing
                                                ICES zone                                                        Total number of vessels
                   Species
                                                     (l)                 Authorized fishing gear                                                Period of fishing
                                                                                                              Basic list         Periodic list    authorization
  Hake                                       VIII , IX             long-lines , trawls                                                            year-round
 (Merluccius merluccius)                                           ( vessies over 100 grt)
 Monkfish                                    VIII , IX            Trawl
                                                                                                                                                  year-round
 (Lophius piscatorius)
 (Lophius hudegassa)
 Megrim                                      VIII , IX            Trawl
                                                                                                                  10                              year-round
                                                                                                                                      5 (2)
 (Lepidorhombus whi/fiagonis )                                                                                ( France )           ( France )
 (Lepidorhombus boscii)
 Norway lobster                             viti , ix             Trawl                                                                           year-round
 (Nephrops norvegicus)
 Pollack                                    Vili , IX             Trawl                                                                           year-round
(Pollachius pollachius)
( ' ) Waters falling under the sovereignty or within the jurisdiction of the Kingdom of Spain .
( ! ) 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 1S8 ( 2 ) of the Act of Accession .
                                                                          II. Specialized fishing
                                               ICES zone                                                         Total number of vessels
                  Species                                               Authorized fishing gear                                                Period of fishing
                                                    C)                                                       Basic list         Periodic list
                                                                                                                                                 authorization
All                                         VIII , IX            Long-lines                                      25      '            10         year-round
                                                                 ( vessels under 100 grt)
                                                                 Rods                                            –
                                                                                                                                      64         year-round
                                                                 ( vessels under 50 grt)
Anchovy                                     VIII                 Seine                                                                40        between 1 / 3
                                                                                                                                 ( France )       and 30 / 6
(Engraulis encrasicholus}
as main catch
Anchovy                                     VIII                 Seine                                                                20        between 1 / 7
                                                                                                                                 ( France )      and 31 / 10
(Engraulis encrasicholus)
as live bait
Sardine                                     VIII                Seine                                           71                   40         between 1 / 1
(Sardina pilchardus)                                            ( vessels under 100 grt)                    ( France )           ( France)     and 29 / 2 and
                                                                                                                                                between 1 / 7
                                                                                                                                                 and 31 / 12
C ) Waters falling under the sovereignty or within the jurisdiction of the Kingdom of Spain .
                                                Quantity                               ICES zone C )
                                                                                                                             Total number of   Period of fishing
                  Species                       ( tonnes )                                                                         vessels      authorization
Thunnidae                                   unlimited           VIII , IX                                                       unlimited        year-round
C ) Waters falling under the sovereignty or within the jurisdiction of the Kingdom of Spain .
 ---pagebreak---                    Business and eraoloyKesit iiwgacfc statement
■Elis proposal is intended to regulate fishing activities in Spanish wata* s
 in the interests of conserving marine resources . The proposal does not
have any particular effects on small and mediun- sized enterprises and the
aim of conservation is in the long-term interest of SMEs and business in
general .
 ---pagebreak---                               EXPLANATORY MEMORANDUM
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 1989, the
quantities of fish which may be taken by Portuguese vessels in waters failing
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 .
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 .
This proposal , whose content is unchanged as compared with that of Council
Regulation (EEC ) N° 3761 /87 of 30 November 1987 , should be adopted before the
date on which the latter expires (31 December 1988 ).
 ---pagebreak---                                           COUNCIL REGULATION ( EEC )
                  fixing , for 1989, 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
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                               Whereas the specific conditions governing the fishing
                                                                        activities referred to in Article 349 of the Act of Accession
Having regard to the Treaty establishing the European                   should be laid down ;
Economic Community ,
                                                                        Whereas the fishing activities covered by this Regulation are
Having regard to the Act of Accession of Spain and Portugal ,           subject to the control measures provided for by Regulation
and in particular Article 349 thereof,                                  ( EEC ) No 2241 / 87 ( ' ), as well as to the specific detailed
                                                                        rules drawn up in accordance with the second subparagraph
Having regard to the proposal from the Commission ,                     of Article 349 ( 5 ) of the Act of Accession ,
Whereas , pursuant to Article 349 of the Act of Accession , it is
for the Council to fix the fishing possibilities and the
corresponding number of Portuguese vessels authorized to                HAS ADOPTED THIS REGULATION :
fish in the waters referred to in paragraph 1 of that
Article ;
                                                                                                      Article 1
Whereas , pursuant to Article 349 ( 2 ), fishing possibilities for
catches of blue whiting and horse mackerel are granted to               The number of vessels flying the flag of Portugal authorized
Portuguese vessels ; whereas the number of these vessels and            to fish in waters falling under the sovereignty or within the
the procedures for their access and control should be fixed             jurisdiction of another Member State , other than Spain , as
annually ;                                                              provided for in Article 349 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
number of vessels should be determined on the basis of the
situation of Portuguese fishing activities in the waters of the
                                                                                                     Article 2
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         This Regulation shall enter into force on 1 January 1989.
similar species in Portuguese waters by vessels of a Member
State other than Spain ;                                                It shall apply until 31 December 1989.
                  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---                                                                               ANNEX
                                                                       PORTUGAL – EEC
                                                                                                                                                 Period of
                                                Quantity                                                  Authorized        Total number of
                 Species                                                    ICES zone                                                             fishing
                                                ( tonnes )                                                fishing gear            vessels
                                                                                                                                               authorization
Blue whiting                                      3 000         Vb , VI , VII , Villa , b , d         pelagic trawl                50          year-round
(Micromesistius poutassou)                                      CM 2 )                                                             20 ·
Horse mackerel                                    3 000         Vb , VI , VII , Villa , b , d         pelagic trawl                60          year-round
(Trachurus trachurus)                                           CM 2 )                                                             40
Thunnidae                                      unlimited        Vb , VI , VII , Villa , b , d         all                       unlimited      year-round
                                                                CM 2 )
(>) Except for the zone to the south of latitude 56°30' North , to the east of longitude 12° West and to the north of latitude 50°30' North .
(*) Waters falling under the sovereignty or within the jurisdiction of Member States of the Community other than Spain and Portugal .
( l ) Total number ( basic list ) of standard Portuguese vessels; 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 Act of the Accession .
( 4 ) Total number of Portuguese vessels authorized to carry out fishing activities simultaneously ( periodic list).
 ---pagebreak---                   Bu£?\nes5? and eraxLcyBEiit iggact 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 snail and medium-sized enterprises and the aim of conservation
is in the long-term interest of SMEs and business in general .