CELEX: 51989PC0048
Language: en
Date: 1989-02-13
Title: Proposal for a COUNCIL REGULATION (EEC) establishing, for the period from 1 March to 30 June 1989, certain measures for the conservation and management of fishery resources applicable to vessels flying the Japanese flag in waters falling under the sovereignty or jurisdiction of Portugal (presented by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (89) 48
Vol. 1989/0018
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                            COM(89) 48 final
                                            Brussels , 13 February 1989
                                   Proposal for a
                              COUNCIL REGULATION ( EEC )
         establishing , for the period from 1 March to 30     June 1989,
  certain measures for the conservation and management of     fishery resources
                applicable to vessels flying the Japanese     flag
                  in waters falling under the sovereignty     or
                              jurisdiction of Portugal
                          ( presented by the Commission )
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 ---pagebreak---                                                                               V*7
                                    EXPLANATORY MEMORANDUM
1 . An agreement between Portugal and Japan was signed in October 1978
     authorizing the fishing of tuna species in waters falling under the
     sovereignty or within the jurisdiction of Portugal . The agreement came into
     force on 3 March 1980 and has been renewed tacitly each year .
     Japanese long-liners fish bluefin tuna ( Thunnus thynnus thynnus), 75 % of the
     catch , and bigeye tuna ( Thunnus obesus ), 18 % of the catch , in waters off
     Madeira and mainland Portugal .      They have been prohibited from fishing off
     the Azores since 1981 .
     Some 24 ships on average operated in these waters in the period 1980-85 and
     their annual catch stood at about 300 tonnes .
     In return for fishing rights , Japan :
         ( i ) paid a licence fee ;
       ( ii ) paid a fisheries tax per day of presence and by gross register tonne
               ( grt );
     ( iii ) offered scientific and technical cooperation ( grants , supplies of
               research and fishing eguipment );
2 . Portugal denounced this agreement on 2 September 1985 in accordance with the
     undertakings it made during the accession negotiations ; the agreement expired
     on 2 March 1986 .
3 . To avoid interruption of Japanese fishing activities and of the Japanese
     scientific and technical cooperation programme to the benefit of Portugal
     Council Regulation ( EEC ) n° 448 /86 of 24 Eebruary 1986 ( 1 ), Council
     Regulation ( EEC ) n° 654/87 of 2 March 1987 (2 ) and Council Regulation (EEC )
     n " 580/88 of 29 February 1988 ( 3 ) had laid down , for the period from 3 March
     to 30 June for each of these years , an autonomous arrangement for vessels
     flying the Japanese flag in waters falling under the sovereignty or within
     the jurisdiction of the Portuguese Republic .
(1 ) O.J. n° L 50 of 28.2.86 , p. 34
( 2 ) O.J. n° L 63 of 6.3.87 , p. 2
( 3 ) O.J. n° L 57 of 3.3.88 , p. 1
                                                                                       П
                                                                                      !XL
 ---pagebreak---                                          - 2 -
    The limits on the number of boats and the amount of catch are based on the
    Japanese average in the area since 1980 . The by-catch , including tropical
    tuna , the fishing of which is regulated by the Act of Accession , is
    restricted to tuna species and may make up no more than 25 % of the catch .
4 . The fishing rights granted to Japanese boats are conditional on Japan
    offering scientific , technical and economical assistance to those sections of
    the population in Portugal greatly dependent on fisheries .
5 . In order to further this cooperation in the fisheries field and taking
    account of the fact that s
    - firstly, until now no other type of arrangement has been concluded between
      the Community and Japan ,
    - secondly , the International Commission for the Conservation of Atlantic
      Tuna ( ICCAT ) has not recommended any limitation in respect of catches of
      the bluefin tuna stock of the East Atlantic and Mediterranean ,
    - thirdly , there are prospects for development of certain fishing activities
      by Community vessels , in accordance with the Multiannual Guidance
      Programmes
    the draft regulation which is the subject of this proposal is intended to
    authorise by means of a new autonomous measure for the period from 1 March to
    30 June 1989 , certain fishing activities for vessels flying the Japanese flag
    in waters falling under the sovereignty or within the jurisdiction of the
    Portuguese Republic which are limited in comparison to previous years . These
    limitations affect their zone of activity ( solely the waters off Madeira ) as
    well as , on the basis of the fishing activities carried out previously around
    this island , the number of vessels ( 15 instead of 25 ) and the quantities
    authorised ( 120 tonnes of bluefin tuna instead of 240 tonnes ). The other
    conditions remain the same as in previous years .
 ---pagebreak---                                                                      I
                                                   (Acts whose publication is obligatory)
                                              COUNCIL REGULATION (EEC) No                         /89
                                                          of
                          establishing , for the period from 1 March to 3C Junel989 , certain measures for
                          the conservation and management of fishery resources applicable to vessels
                          flying the Japanese flag in waters (ailing under the sovereignty or jurisdiction of
                                                                 Portugal
        TH2 COUNCIL OF THE EUROPEAN COMMUNITIES ,                        March to 30 June 1989 to fish as their principal catch ,
                                                                         bluefin tuna (Tbunnus thynnus thynnus,) in waters under
V        Having regard to the Treaty establishing the European           the sovereignty cr jurisdiction of Portugal that lie beyond
         Economic Community,                                              12 miles from the baselines, with the exception of the
         Having regard to Council Regulation ( EEC) No 170 / S3 of       zones listed in Annex I , subject to the conditions laid
         25 January 1983 establishing a Community system for             down in this Regulation .
        the conservation and management of fishery resources ('),
        and in particular Article 11 thereof,
                                                                                                   Artide 2
         Having regard to the proposal from the Commission,
        Whereas    Article 2 of Regulation (EEC) No 170/83                1 . Tne maximum number of long-liners referred to in
        requires  the Council to formulate the conservation              Article 1 shall be 15. : no vessel may exceed 500 grt.
        measures  necessary to achieve the aims set out in Article
         1 of the  Regulation in the light of available scientific       2.    The total catch of all the long-liners may not exceed
        advice ;                                                         120 tonnes of bluefin tuna.
                                                                         3.    Other tuna species caught when fishing for bluefin
'whereas the Agreement which linked Portugal and Japan                   tuna may not exceed 25 % of the total catch per vessel .
since 3 March 1980 expired on 2 March 1986 ; whereas
thereafter Japanse fishing activities have been tempora­
rily maintained in. 1986 by Regulation ( EEC ) No 448/86 ( 2 )                                     Article 3
in 1987 by Regulation ( EEC ) No 654/87 ( 3 ) and in 1988 by
Regulation ( EEC ) No . 580/88 ( 4) in the framework of coo­             1 . The catch of bluefin tuna (Tbunnus thynnus
peration with Japan to the benefit of local people who                   thynnus) of a unitary weight of less than 6,4 kilograms
are greatly dependent on fisheries in view of the need                   shall be prohibited .
fee balanced economic and social development of the
Portuguese coastal, regions ;                                            2.    The catch of yellowfin tuna (Tbunnus albacares) of
                                                                        a unitary weight of less than 3,2 kilograms shall be
Wrereas it is in the Cormmity 's interest to ensure that                 prohibited .
this system continues in a more limited fashion for the
1989 fishing season ;                                                   3.     The catch of bigeye tuna (Tbunnus obesus) of a
                                                                        unitary weight of less than 3,2 kilograms shall be
Vhereas fishing by Japanse vessels in waters falling                    prohibited .
under the sovereignty or jurisdiction of Portugal is
subject to Community fisheries Regulations ; whereas
such fishing should be supplemented by certain technical                                          Article 4
and supervisory measures ,
HAS ADQPTED THES REGULATION :
                                                                        1 . Fishing by long-liners referred to in Article 1 in
                                                                        zones referred to in the same Article shall be subject to
                       Article 1                                        the possession on board of a licence, issued by the
                                                                        Commission on behalf of the Community, and to the
Vessels flying the Japanse flag , fishing exclusively                   observance of the conditions set out in that licence and
wiith long lines , shall be authorized , for the fishing                the supervisory measures and other provisions regulating
period 1_____                                                           fishing activities in those zones.
( 1 ) CJ No L 24 , 27.1.1983 , p. 1
( 2 ) OJ No L 50 , 28.2.1986 , p. 34
( 3) OJ No L 63 , 6.3.1987 , p. 2
(4) CJ No L 57 , 3.3.1988 , p. 1
                                                                                                                                     (
 ---pagebreak---  2.     The master of each vessel in possession of a licence    New licences shall be issued in accordance with para­
 must observe the special conditions set out in Amu-x II ,      graph 1 .
 and in particular the obligation to forward the informa­
 tion specified in the said Annex via the radio stations
 indicated therein. These conditions shall form part of the                                 Article 7
 licence.
                                                                The following information shall accompany applications
                                                                for licences submitted to the Commission :
 3.     Each licence shall be valid for a single vessel and
 not be transferable. However, the Japanese authorities         (a) name of the vessel ;
 may request the Commission, by telex, to authorize the
 transfer of the licence for a vessel which is prevented        (b) registration number ;
 from fishing during the set period for reasons of force        (c) external identification letters and numbers ;
 majeure to-a replacement vessel whose technical charac­        (d)  port of registration ;
 teristics do not exceed those of the vessel to be replaced .
The request shall provide all the information referred to       (e)  name and address of the owner or charterer ;
 in Article 7, in respect of this replacement vessel . The      (f)  gross tonnage and overall length ;
 Commission shall notify any transfer authorization,            (g)  engine power ;
without delay and by telex, to the Japanese authorities
and to the competent supervisory authorities. The replace­      (h)  call sign and radio frequency ;
 ment vessel can carry out fishing activities only after the    (i)  proposed fishing zone ;
 date indicated by the Commission in its notification .
                                                                (j)  period for which a licence is requested.
4.      All licences referred to i'n paragraph 1 shall cease to
 be valid once the Commission has established that the                                      Article 8
 quota laid down in Article 2 has been used up.
                                                                 1 . The Portuguese authorities shall take appropriate
                                                                 measures, including the inspection of vessels, to ensure
                                                                 that the obligations under this Regulation are observed.
                            Article J
                                                                 2. Where an infringement is duly ascertained, the
                                                                 Portuguese authorities shall forthwith, but at the latest
The issue of fishing licences referred to in Article 4 shall    within 30 days of the date on which the infringement was
 be conditional on Japan’s planning an annual scientific        established , inform the Commission of the name of the
and technical cooperation programme to benefit Portu-           vessel concerned and any action they may have taken .
gal’s coastal population, which is greatly dependent on
fishery activities. Particular attention shall be paid in the
programme to training requirements, the improvement of                                      Article 9
research capacity and the need for economic and social
development of the Portuguese coastal regions. The
programme shall be submitted to the Commission before            1 . A vessel which has failed to comply with the obliga­
28 February       1989 .                                        tions laid down in this Regulation shall have its licence
                                                                withdrawn ; such licence shall not be replaced .
                                                                2.     If a vessel fishing without a valid licence in the
                                                                waters referred to in Article 1 is owned or managed by a
                            Article 6
                                                                natural or legal person owning or managing one or more
                                                                other vessels to which licences have been issued one of
 1 . An application for licences shall be submitted by the      those licences may be withdrawn .
Japanese authorities no later than 15 working days before
the desired date of commencement of validity. The
Commission shall issue the licences to the Japanese                                       Article 10
authorities and shall notify the competent supervisory
authorities thereof.                                            If, for a period of one month, the Commission receives
                                                                no communication as laid down in Article 4 (2) for a
                                                                vessel in possession of a licence referred to in that Article,
2. The issue of,licences to Japanese vessels shall be           the licence of that vessel shall be withdrawn .
subject to an undertaking by the owner of the vessel to
permit an observer to come on board at the Commission’s
request.
                                                                                          Article 11
3 . Unused licences may be cancelled with a view to the         This Regulation shall enter into force on the day
issuing of new licences. Cancellation shall take effect on      following its publication in the Official Journal of the
the date the new licence is issued by the Commission .          European Communities.
 ---pagebreak--- This Regulation shall be binding in its entirety and directly applicable in all Member
States.
Done at Brussels,                1969
                                                         For the Council
                                                           The President
 ---pagebreak---                                                  A NMC .V I
          ZONES REFERRED TO IN ARTICLE 1 WHERE FISHING IS PROHIBITED
 1.
 2.
 3 . The zone within a line :
     – starting at 34°5V N. I.C-tO'W.
     – continuing north to .IVIO’N , 1 T -to' W.
     – whence east following the 35° 10' N parallel to its intersection with the line marking the limits of the
        exclusive economic zone, hereinafter referred to as ‘EEZ’,
     – following the EEZ demarcation line to its intersection with the 34°55' N parallel,
     – whence west along the 34° 55' N parallel to the point of departure .
 4 . The zone within a line :
     – starting at 34° 35' N , 14°25'W,
     – whence west to 34°35' N , 14°45’ W ,
     – whence north to 34°50' N , I4°4VW ,
     – whence east to 34°50'N , 14°2.VW ,
     –. whence south to point of departure .
 5 .The zone within a line :
     – starting at 33° 40' N , 14°05'W,
     – whence to 33°40' N , 14°35' W ,
     – whence north-west to 34° 00' N , I4°50'W ,
     – whence east to 34°00'N , 14°20'W ,
     – whence south-east to the point of departure .
6 . The zone within a line :
     – starting at 35°00' N , 15°05'W ,
    – whence west to 35°00' N , I6°00'W,
    – whence north to 35°35'N , 16°00'W ,
    – whence east to 35°35'N , 15°05'W,
    – whence south to the point of departure .
 ---pagebreak---                                                      ANNEX II
                                             SPECIAL CONDITIONS
 i.    The fishing licence must be held on hoard tile vessel .
X.     The registration letters and numbers of a vessel in possession of a licence must be clearly marked on
       both sides of the superstructure at the most visible point. The letters and numbers must be painted in a
       colour that contrasts with the colour of the hull or superstructure and must not be effected, altered,
       covered or concealed in any other way.
   Г
3.     A log-boolc must be kept in which are recorded, after each fishing operation :
3.1 . catch by species (in kilograms – live weight);
3.2. the date and the time at which the fishing operating started and the time at which it finished ;
3J. the ICES and CECAF statistical grid where the catch was taken ;
3.4. the fishing method used ;
3.5. any radio message emitted in accordance with points 4, 5 and 6.
4.    Communications transmitted in accordance with the conditions of the licence should give the following
       information :
      (a) name of vessel ;
      (b) radio call sign ;
      (c) licence number ;
      (d) chronological number of the transmission for the trip in question ;
      (e) indication of which of the types of transmission , as set out in paragraph 5, is involved ;
        (f) date ;
      (g) time ;
      (h) geographical position ;
       (i) for vessels in possession of a licence, the activity of the vessel during the period (under way, fishing,
            at anchor, in harbour, unloading, under repair, others);
       (j) quantity of each species caught during the fishing operation (in kilograms – live weight);
      (k) quantity of each species caught since the previous transmission of information (in kilograms – live
            weight);
       (l) the geographical coordinates of the position where the catches were made ;
     (m) quantities of catches, by species, transferred to other vessels (in kilograms – live weight) since the
             previous information ;
      (n) the name, call sign and, where applicable, licence number of the vessel to which the catch was
            transferred ;
      (o) the masters name.
5.    The information referred to in paragraph 4 must be communicated by vessels in possession of a licence
      to the Commission of the European Communities in Brussels (address : telex 24 189 FISEU-B) via a
      Lisbon radio station (call sign CUL) or Madeira radio station (call sign CUB) at the following times :
      (a) for information referred to in (a) to (h):
            – when announcing departure, which announcement must be made at least 48 hours before the
                planned departure of the vessel from the exclusive economic zone lying off the Portuguese coast,
                hereinafter referred to as ‘EEZ’ ;
      (b) for information referred to in (a) to (o):
            – on each entry into the EEZ,
            – whenever leaving the EEZ,
            – whenever entering a port of a Member State,
            – whenever leaving a port of a Member State ,
            – every week in respect of the previous week from the date of entry into the EEZ or from the date
                of leaving a port of a Member State .                                                    ,
 ---pagebreak--- 6. The following code shall be used in reporting species caught in accordance with point 4 :
                       Code                           Scientific name
                       BFT                    Thunnus thynnus thynnus
                       YFT                    Thunnus albacares
                       ALB                    Tììunnus alalunga
                       BET                    Thunnus obesus
                       SKJ                    Kaisuwonus pclamis
                      SWO                     Xiphias glaJius
                       BIL                    Istiophoridac
                      OTH                     Other
 ---pagebreak---                  FICHE D' IMPACT SUR LA COMPETITIVITE ET L' EM>LOI
L' objet de cette mesure est d' établir le régime de conservation et de gestion
des ressources de pêche applicable aux navires des pays tiers dans les eaux
sous souveraineté ou sous juridiction du Portugal .
L' obligation pour le Japon de fournir une coopération scientifique , technique
et économique en faveur des populations fortement dépendantes de la pèche au
Portugal , contribue au développement du secteur portugais de la pêche .