CELEX: 51980PC0088
Language: en
Date: 1980-02-26
Title: PROPOSAL FOR A COUNCIL REGULATION (EEC) LAYING DOWN CERTAIN INTERIM MEASURES FOR THE CONSERVATION AND MANAGEMENT OF FISHERY RESOURCES APPLICABLE TO VESSELS FLYING THE FLAG OP SPAIN (presented by the Commission to the Council)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (80) 88
Vol. 1980/0030
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                         COM(80)88 final
                                         Brussels , 26th February 1980
                                                                       /
                  PROPOSAL FOR A COUNCIL REGULATION ( EEC )
       LAYING DOWN CERTAIN INTERIM MEASURES FOR THE CONSERVATION
           AND MANAGEMENT OF FISHERY RESOURCES APPLICABLE TO
                     VESSELS FLYING THE FLAG OP SPAIN
               ( presented by the Commission to the Council )
C0M(80 ) 88 final
 ---pagebreak---                         EXPLANATORY MEMORANDUM
This proposal for a Regulation is intended to implement the outcome of
consultations held with a delegation from Spain which established the
miles for reciprocal fishing rights to apply in 1980 .       ^
These consultations took place within the framework of the Agreement
on fisheries "between the Community and Spain negotiated in September^ 1978
which is to be signed in the near future .
These consultations only ended on 4 February 1980 .   In order to avoid a
prolongation of the interruption of fishing by Spanish fishermen in the
fishing zones of Member States which began on 1 February , the validity of
licences previously granted to these fishermen has been extended for the
period 1 February to 11 February 1980 .
    4
This Regulation , which is based on Article 103 of tie Treaty , is intended to
cover the period between 1 March and 30 April 1980 , by which date a Regulation
based on Article 43 will probably have been adopted . The Regulation will only
implement those elements of the regime for the year which apply to the said
period, by allocating quotas equivalent to approximately double the quantities
which would correspond to a pro rata tomporis allocation.
 ---pagebreak---                               Proposal for a
                        Council Regulation (SEC)
          laying down car-tain interim measures for the conservation and
          m&ne-gsoent of fishery resources applicable to vessels flying
          the flss gt Spain.
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to tha Treaty establishing the European Economic 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 has presented a proposal for the conclusion of that
Agreement to the Council and whereas the Counoil has authorized the signature
thereof ?                                                           t
 Whereas the Community and Spain have consulted each other , under the procedure laid
 down in tha negotiated Agreement , on the conditions for fishing by "the vessels
 of each of the parties in the fishing zone of the other party during 1980$
 Whereas , following these consultations , the Community delegation undertook to
 recommend that the Community authorities adopt for that period certain measures
 authorizing Spanish vessels to fish in the fishing zones of the Member States
 covered by Ccsarranity rules on fisheries !
 Whereas fishing by Spanish v4ssels in these fishing zones was authorized for
 the period i 1 to 29 February 1980, pursuant to Council Regulation (EEC) No 304
  of 11 February 1980 further extending the duration of validity of fishing
                                                  . 1
  Licences for vessels f t > ing the flap of Spain ;
  Whereas i . oxdar to avoid an interruption, of fi eking by Spanish vessels in these
  fishinf bcius .* appropriate s -aasures must b® adopted before 1 March 198Q5
   0J No » L 34 ai 11 - Sc '030 ? P®
 ---pagebreak---  Whereas in order to meet this deadline it is necessary to adopt these meaeures on
an interim basis under Article 103 of the Treaty , subject to their being included
at a later date in the common agricultural policy ?
Whereas the validity of these interim measures should be limited to two months
and whereas the quantities in respect of which fishing is authorized during this
period should be determined with due regard to the seasonal nature of certain
fishing activities and possible variations in quantities fished .
                                 i
HAS ADOPTED THIS REGULATION:
                              Article 1
                   /
                        %                              .
The only catches which vessels flying the flag of Spain are authorized to make
during the period 1 March to 30 April 1930 in the 200 mile fishing zones of the
Member States covered by Community rules on fisheries shall be those set out in
Annex I , subject to the quantitative limits laid down therein and taken under
the conditions laid down by this Regulation ^
                           Article 2
1.     Pishing shall be subject to the holding on board of a licence , issued by v
the Commission on behalf of the Community, and to oompliance with the conservation
and supervisory measures and other provisions governing fishing in the zones
referred to in Article 1®
2.     The number of licences which may be issued to vessels flying the flag of
Spain shall be as laid down in point 3 of Annex I •
                           Article 3
1.     When an application for a licence ia submitted to the Commission , the
following information shall b© supplied *
                            •                     '       ·
 (a ) name of the vessel :
(b )  registration number :
 ( c) external identification letters and numbers :
 (d)  port of registration:
 (e)  name and address of the owner
 ( f) gross tonnage and OV&T «11 \„ Ï>
 ---pagebreak---   ( g) engine povjer ;
  (h)  call sign and radio frequency ;
  (i)  intended method of fishing;
  ( j) intended area of fishing;
  (k)  species intended to be fished ;
  (l)  period for which a licence is requested,.
    2.  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 indicating this method of fishing .
                                         s
  3.    However , in the case of the fishing referred to in point 3(b) 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 this       type of fishing , the Spanish authorities shall provide a list of
  vessels which shall not exceed in number that fixed in the last column of point 3
  of Annex I , specifying for which vessels a licence or a joint licence is requested .
  4.    Paragraph 1 does not apply to licences referred to in point 3(c) and (d) of
  Annex I , those licences not being nominative but numbered .
  5.    The captains of vessels holding a licence must respect the special conditions
          t
  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 .                                   '
                                 ι
  6.    A vessel may hold only one licence .
                             Article 4                                        /
  1.    The captain of a vessel holding a licence for the fisheries mentioned in point
^ 3(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 other types of fishing except tunny fishing may be invalidated
  if the Corrraiesion does not receive by the fifth and twentieth day of each month
  information communicated by the competent authorities of Spain concerning the
  catches ma0.3 by oach vessel end the landings made in each port during the previous
  fortnight ,,
 ---pagebreak---                                     - 4 -                                                   ν
                                  Article *51
    1.   Fishing with gillnets shall be prohibited .
   2.    A   vessel may not have on board any fishing gear other than that necessary
   for the fishing authorized .
                                Article 6
   1.   By-catches shall be permitted within the I imits laid down in point 2 of Annex I.
   2.   Tunny vessels may not fish any epeoies other than thunnidae ; they may not have
  on board any species oiher than thunnidae with the exception of anchovies intended
  as live bait .
                               Artide 7
  Licences issued pursuant to this Regulation shall be valid for the period 1 March
. to 30 April 1980 .
                               Article 8
  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 bean fished .
  2»     Where a vessel is in breach of the obligations laid down in this Regulation ,
   it may not be authorized to fish in the zone specified in Article 1 for six
  months .
                               Artide 9
  T.    Pishing may not take place in a zone within ICES divisions VI and VII
                     o
                                                                                     situated
  south of 56 30% east of 12 W and north of 50°30* N.
  2. The fishing referred to in point 3(d) of Annex I may not take place east of
  1°48«W.
                              Article 10
  This Regulation shell enter into foroe on the day following its publication in
  the Offioial Journal of th® Europe®,- Jcmwnitr. -s .,
 ---pagebreak---                                - 5 -
It shall  apply         from 1 March to, 30 April 1980 .
This Regulation shall "be binding in its entirety and directly applicable in all
Member States .
Bone at Brussels .
                                                         χ
                                                     For the Council
                                                      The President
 ---pagebreak---                                                                    ANNEX I
1.    Fishingr qnotas .
                                                 ICES                 Quantity
            Species                            division                ( tonnes )
Hake                                             VI                         463
                                                 VII                      1.583
                                                 VIII                     1.911
Other species taken as by-catches of
hake fishing                                     VI                         926
                                                 VII                      3.166
                                                 VIII                     3.822
Anchovy                                          VIII                    14.500 ( 1 )
                                                                 C
Tunny                                                   Ho limit
( l ) Catches made by vessels flying the flag of Spain in the Spanish fishing zone
      of the Bay of Biscay are to "be deducted from this quantity .
 ---pagebreak---                                    ι
2. Permitted by-catches:
   Target spedes    Species fished at                         Permitted limits of by-catches
                       by-catches
   Hake          Cod             '    The total by-catches of these species jnay not exceed 3 %
                 Haddock              by weight of the total catch on board
                 Whiting
                 Pollack
                 Saithe
                 Clupeid fish         The total by-catches • of these , species may not exceed 5%
                 Norway lobster       by weight of the total catch on board
                 Sole                 By-catches of these species may not be kept on board             •
                 Plaice
                 Herring
   Sardine       Horse-mackerel       By-catches of this species may not exceed 10% by weight of the
                                      total catch or 10% by weight of any sample of less than 100 kg
                                      of fish. found to be on board in the vessel's hold after sorting
                 Other species        By-catches of all other species may not be kept on board
                 (including
                 invertebrates)
 ---pagebreak---  3.    Number of licences that may "be issued for the various ICES divisions
                                          ICES           Number of-         Complete list
             Type of fishing            division          licences       , of vessels
 (a) Vessels conducting hake
      fishing                    i        VI                   26(1 )            -
                                          VII                  73(1 )
                                          VIII                 69(1 )
(b) Long^-liners less than
      100 CRT                             Villa                10                 17
( c) Pishing exclusively with rods
      from vessels not exceeding
      50 CRT                              VIII                 50                -
(d) Vessels fishing for anchovy as                        '
      target species                      VIII                160                –
                                                                               \
(e) Tunny fishing                              VII >                  n. li.it
( 1 ) Figure fixed on the "basis of a standard vessel with & brake horse-power of
      700 bhp . The conversion faotors for vessels of another horse-power are as
      follows :                             '                     ■       ,        •
                    Horse-power                      -                      Coefficient
      Less than 300 bhp                                                          0.57
          300 bhp or more , but less than 400 bhp                   .            O . 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                               Q . 96
          700 bhp or more , but less than 800 bhp                                1.00
          800 bhp or more , but less than 1 000 bhp                              1.07
        1 000 bhp or more , but not exceeding 1 200 bhp                          1.11
        Over 1 200 bhp                         -            '                    2.25
        Long liners other than those specified in 3 ( c)                         0.33
      When applying these conversion factors to "pare jas" and "trios" the horse­
      power of the individual vessels * engines are to be totalled .
 ---pagebreak--- No L 81 /6                             Official Journal of the European Communities                                      31 . 3 . 79
                                                             ANNEX II
                                                         Special conditions
           1 . The fishing licence must 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
                superstructure and shall not be effaced, altered, covered or otherwise obscured.
           3 . A logbook must be kept in which the following details are to be entered after each fishing
                operation :
                3.1 . the quantity (in kg) of each species caught;
                3.2. the date and the time iff the beginning and end of fishing;
                3.3 . the ICES statistical rectangle in which the catches were made;
                3.4. the fishing method us» si.
           4. Information must be transmitted by the licensed vessel to the Commission of the European
                Communities at Brussels (telex address 21877 COMEU) via 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 mile 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;
                4.3 . 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 portj
                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.                                                    a
                                                                                                              «
           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 hoid ;
                5.3. the quantity (in kg) of each species c ght 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 bthpr vessels since the previous transmission.
           6. The details provided for its point 5 must be transmitted in accordance with the following conditions:
                6.1 . Every message relating to the fishing licence must be preceded by the words 'Pecheur Brussels'.
                6.2. All me5sages must be transmitted via a radio station on the list below:
 ---pagebreak--- 31 . 3 . 79                           Official Journal of the European Communities                                   No L 81 /7
                   Name                                                        Call sign
                   North Foreland                                              GNF
                   Humber                                                      GKZ
                   Cullercoats                                                 GCC
                   Wick                                                        GKR
                   Oban                                                        GNE
                   Portpatrick                                                 GPK
                   Anglesey                                                    GLV
                   Ilfracombe                                                  GIL .
                   Niton                                                       GNI
                   Stonehaven                                                  GND
                   Ports head                                                  GKA
                                                                               GKB
                                                                               GKC
                   Land's End                                                  GLD
                   Valentia                                                  j EJK
                   Malin Head                                                  EJM .
                   Boulogne                                                    FFB
                   Brest                                                       FFU
                   Saint-Nazaire                                               FFO
                   Bordeaux-Arcachon                                           FFC
            6.3. 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 timetable
                   set out in point 4 must take into account the details required pursuant to point 5 and contain
                   the following information :                      .                        "                 -
                   – the code 'Pêcheur Bruisels',         (
                   – 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,
                   j– 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 ,
                        transmission,              -
                   – the name, call sign, and if applicable, the licence number of the vessel to which the transfer  v
                        was made,
                   – the name of the master.                                                        '
            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 (Merluccius m^rluccius)
                   C      Greenland halibut (Reinhardtius hippoglossoides)
                   D      Cod (Gadus morrhua)
                   £      Haddock (Melanogrammus aeglefinus)
                   F      Halibut (Hippoglossus hippoglossus)
                    G      Mackerel (Scomber scombrus)
                                                                      \
                „ H        Horse-mackerel (Trac      -us trachurus)
                    I      Round-nose grenadicr(Coryphaenoides rupestris)
 ---pagebreak---                        '    t
No L 81 /8               Official Journal of the European Communities
           J  Saithe (Pollachius virens)
           K  Whiting (Merlangus merlangus)
           L  Herring (Clupea harengus)                    \
           M  Sandeel (Ammodytes sp)
        ■. N  Sprat (Çlupea sprattus)
           O  Plaice (Pleuronectes platessa)
           P  Norway pout (Trisopterus csmarkii)
            O Ling (Molva molva)
            R Other
            S Shrimp (Penaeidae)
            T Anchovy (Engraulis encrassicholus)