CELEX: 31978R2327
Language: en
Date: 1978-10-04 00:00:00
Title: Council Regulation (EEC) No 2327/78 of 4 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

No L 280/ 16                       Official Journal of the European Communities                               5. 10 . 78
                                 COUNCIL REGULATION (EEC) No 2327/78
                                                  of 4 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
THE COUNCIL OF THE EUROPEAN                                  the Community, and to compliance with the conserva­
COMMUNITIES,                                                 tion and supervisory measures and other provisions
                                                             governing fishing in the zones referred to in
Having regard to the Treaty establishing the European        Article 1 .
Economic Community, and in particular Article 103
thereof,
                                                             2. The number of licences which may be issued to
Having regard to the proposal from the Commission,           vessels flying the flag of Spain shall be as laid down in
                                                             point 2 of Annex I.
Whereas on 3 November 1976 the Council adopted a
set of resolutions concerning certain external and
internal aspects of the common fisheries policy ;                                     Article 3
Whereas the Community and Spain have negotiated a
framework agreement on fisheries ;                            1 . When an application for a licence is submitted
                                                             to the Commission, the following information shall
Whereas the Community and Spain have consulted               be supplied :
each other, under the procedure laid down in the
negotiated agreement, on the conditions for the              (a) name of the vessel ;
conduct of fishing by the vessels of each of the parties     (b) registration number ;
in the fishing zone of the other party during the last
quarter of 1978 ; whereas following these consulta­          (c) external identification letters and numbers ;
tions, the Community delegation undertook to recom­
                                                             (d) port of registration ;
mend that the Community authorities adopt certain
measures authorizing Spanish vessels to conduct              (e) name and address of the owner or charterer ;
fishing in the fishing zones of the Member States
covered by Community rules on fisheries ;                    (f) gross tonnage and overall length ;
                                                             (g) engine power ;
Whereas this set of measures must be taken without
delay and it is therefore necessary to adopt them as         (h) call sign and radio frequency ;
interim measures on the basis of Article 103 of the
                                                             (i) intended method of fishing ;
Treaty, subject to their being included at a later date
in the common agricultural policy,                           (j) intended area of fishing ;
                                                             (k) species intended to be fished ;
HAS ADOPTED THIS REGULATION :
                                                             (1) period for which a licence is requested.
                                                             2. Each licence shall be valid for one vessel only.
                       Article 1                             When several vessels are taking part in the same
                                                             fishing operation, each vessel must be in possession of
The only catches which vessels flying the flag of            a licence.
Spain are authorized to make during the period 1
October to 31 December 1978 in the 200 nautical
                                                             3. However, in the case of the fishing referred to in
mile fishing zones of the Member States covered by           point 2 (b), (c) and (d) of Annex I, a single licence may
Community rules on fisheries are those set out in            be issued on request for two vessels whose particulars
Annex I within the quantitative limits laid down             shall be entered at the same time on the licence.
therein and caught under the conditions laid down by
this Regulation.
                                                             For each of the said types of fishing, the Spanish
                                                             authorities shall provide a list of vessels which shall
                       Article 2                             not exceed in number that fixed in the last column of
                                                             point 2 of Annex I, specifying for which vessels a
1.    Fishing shall be subject to the holding on board       licence or a joint licence is requested and, where
of a licence, issued by the Commission on behalf of          appropriate, the period of validity requested.
 ---pagebreak--- 5 . 10 . 78                       Official Journal of the European Communities                         No L 280/ 17
4. The captains of vessels holding a licence must                                    Article 8
respect the special conditions laid down in Annex II.
These conditions shall form part of the licence.             1 . Licences issued pursuant to this Regulation shall
                                                            be valid for the first day of a month to the last day of
In the case of tunny fishing, only points 1 and 2 of        a month . Applications for licences shall be made not
those special conditions must be observed .                 later than 20 days before the desired date of
                                                            commencement of validity.
5. A vessel fishing in accordance with this Regula­
tion may hold only one licence.                             However, in October 1978 , licences may be valid from
                                                            a different day ; in such a case, applications shall be
                                                            made not later than 10 days before the desired date of
                                                            commencement of validity.
                        Article 4
                                                            2.      Except in the case of the licences referred to in
1 . The captains of vessels holding a licence for the       paragraph 4, the validity of licences may be extended
fisheries mentioned in subparagraph 2 (a) of Annex I        under the conditions laid down in the first subpara­
must supply the information specified in the licence        graph of paragraph 1 .
to the Commission through a radio station in one of
the Member States .                                         3.      Licences may be cancelled with a view to the
                                                            issue of new licences. The cancellation shall take
2. Licences for types of fisheries other than tunny         effect on the first day of the month following the
may be invalidated if the Commission does not               surrender of the licences to the Commission .
receive by the fifth and 20th day of each month infor­
mation communicated by the competent authorities             However, for the licences referred to in paragraph 4,
of Spain concerning the catches made by each vessel         cancellation shall take effect on the day of their
and the landings made in each port during the pre­          surrender to the Commission .
vious fortnight.
                                                            The new licences shall be issued in accordance with
                                                            paragraph 1 .
                        Article 5
                                                            4. Subject to paragraph 3 being applied, licences
Fishing by means of gill nets shall be forbidden .          valid on 30 September 1978 shall remain valid until
                                                            31 October 1978 .
                        Article 6                                                    Article 9
1 . In fishing for hake, total by-catches of cod,           The vessels may have on board no fishing gear other
haddock, whiting, pollack and saithe may not exceed         than that necessary for the fishing authorized.
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                               Article 10
and plaice shall be forbidden .
                                                             1.     Fishing may not take place in a zone, within
2. In fishing for sardines, by-catches of horse-mack­        ICES divisions VI and VII, situated south of 56° 30 '
erel may not exceed, per vessel, 10 % by weight of the       North, east of 12° West and north of 50° 30' North .
total catch or of any sample thereof of at least 100
kilograms in the hold after sorting ; by-catches may
not include fish of other species or invertebrates.         2. The fishing referred to in point 2 (d) of Annex I
                                                            may not take place east of 1° 48 ' West.
3. Tunny vessels may neither fish nor have on
board any species other than thunnidae .                                            Article 11
                                                            This Regulation shall enter into force on the day
                        Article 7                           following its publication in the Official Journal of
                                                             the European Communities.
The period of validity of the licences shall expire as
soon as it has been established that the quantities laid    It shall be applicable from 1 October to 31 December
down in point 1 of Annex I have been fished.                 1978 .
 ---pagebreak--- No L 280 / 18                  Official Journal of the European Communities                        5 . 10 . 78
            This Regulation shall be binding in its entirety and directly applicable in all Member
            States .
            Done at Brussels, 4 October 1978 .
                                                                     For the Council
                                                                       The President
                                                                     H.-D . GENSCHER
 ---pagebreak--- 5 . 10 . 78                               Official Journal of the European Communities                                                     No L 280/ 19
                                                                        ANNEX I
            1 . Fishing quotas for the period 1 October to 31 December 1978
                                                                                                        ICES                   Quantity
                                                       Species                                        division                 (tonnes)
                Hake                                                                                    VI                        527
                                                                                                        VII                     1 800
                                                                                                        VIII                    2 173
                Other species taken as by-catches of hake fishing in                                    VI                      1 054
                accordance with Article 6 ( 1 )                                                         VII                     3 600
                                                                                                        VIII                    4 346
            2. Number of licences that may be issued for the various ICES divisions
                                      Type of fishing
                                                                                  ICES               Number of               Complete list
                                                                                 division             licences                of vessels
                (a) Vessels conducting hake fishing                               VI                      37 (1)
                                                                                  VII                    104 (>)                  —
                                                                                  VIII                    99 (1)
                (b) Sardines (seiners not exceeding 100
                      GRT)                                                        VIII                    40                      71
                (c) Long-liners          not      exceeding         100
                      GRT                                                        Villa                    10                      17
                (d) Fishing exclusively with rods from
                      vessels not exceeding 50 GRT                                VIII                    50                      60
                (e) Tunny                                                   VI , VII , VIII                      No limit
                (*) Figure fixed on the basis of a standard vessel with a brake horse-power of 700 bhp.
                    The conversion factors 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                                                      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                                                      1-07
                    1     bhp or more, but not exceeding 1 200 bhp                                                  111
                    Over 1 200 bhp                                                                                 2-25
                    Long-liners other than those specified in 2 (c)                                                0-33
 ---pagebreak--- No L 280/20                          Official Journal of the European Communities                                    5 . 10 . 78
                                                           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 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 each 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 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 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 other vessels since the previous transmis­
                     sion .
 ---pagebreak--- 5 . 10 . 78                          Official Journal of the European Communities                                   No L 280/21
            6. The details provided for in point 5 must be transmitted in accordance with the following condi­
               tions :
               6.1 . Every message relating to the fishing licence must be preceded by the words PECHEUR
                     BRUSSEL.
               6.2. All messages must be transmitted via a radio station on the list below :
                            Name                                                  Call sign
                            North Foreland                                          GNF
                            Humber                                                  GKZ
                            Cullercoats                                             GCC
                            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
               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 time­
                     table set out in point 4 must take into account the details required pursuant to point 5 and
                     contain the following information :
                     — the code PECHEUR BRUSSEL,
                     — 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--- No L 280 / 22                     Official Journal of the European Communities                                 5. 10 . 78
              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 merluccius)
                   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 (Coryphanenoïdes rupestris)
                   J  Saithe (Pollachius virens)
                   K  Whiting (Merlangius merlangus)
                   L  Herring (Clupea harengus)
                   M  Sandeel (Ammodytes sp.)
                   N  Sprat (Clupea sprattus)
                   O  Plaice (Pleuronectes platessa)
                   P  Norway pout (Trisopterus esmarkii)
                   Q  Ling (Molva molva)
                   R Other
                   S Shrimp (Penaeidae)
                   T Anchovy (Engraulis encrasicholus)