CELEX: 31979R0586
Language: en
Date: 1979-03-26 00:00:00
Title: Council Regulation (EEC) No 586/79 of 26 March 1979 laying down for 1979 certain measures for the conservation and management of fishery resources applicable to vessels flying the flag of Spain

31 . 3 . 79                          Official Journal of the European Communities                             No L 81 / 1
                                                             I
                                          (Acts whose publication is obligatory)
                                     COUNCIL REGULATION (EEC) No 586/79
                                                    of 26 March 1979
              laying down for 1979 certain measures for the conservation and management of fishery
                                 resources applicable to vessels flying the flag of Spain
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                       Spain, for the period 1 to 31 January 1979 (*), and also
                                                                during the months of February and March, pursuant to
                                                                Council Regulation (EEC) No 167/79 of 30 January
Having regard to the Treaty establishing the European           1979 laying down certain interim measures for the
Economic Community, and in particular Article 103               conservation and management of fishery resources
thereof,                                                        applicable to vessels flying the flag of Spain, for the
                                                                period 1 February to 31 March 1979 ( 2); whereas the
                                                                catches made under these Regulations should be counted
Having regard to the proposal from the Commission ,             against the quotas laid down for 1979 as a whole ;
Whereas on 3 November 1976 the Council adopted a                Whereas in order to avoid an interruption of fishing by
set of resolutions concerning certain external and              Spanish vessels in the fishing zones of the Member
internal aspects of the common fisheries policy;                States covered by Community rules on fisheries
                                                                appropriate measures must be adopted before 1 April
                                                                1979 ;
Whereas the Community and Spain have negotiated a
Framework Agreement on fisheries ;
                                                                Whereas in order to meet this deadline it is necessary to
Whereas the Commission has presented a proposal for             adopt these measures on an interim basis under Article
the conclusion of that Agreement to the Council ;               103 of the Treaty, subject to their being included at a
                                                                later date in the common agricultural policy,
Whereas the Community and Spain have consulted each
other, under the procedure laid down in the negotiated
Agreement, on the conditions for fishing by the vessels
of each of the parties in the fishing zone of the other         HAS ADOPTED THIS REGULATION :
party during 1979 ;
                                                                                              Article 1
Whereas, following these consultations, the Community
delegation undertook to recommend that the
 Community authorities adopt for that period certain            The only catches which vessels flying the flag of Spain
measures authorizing Spanish vessels to fish in the             are authorized to make during the period 1 January to
 fishing zones of the Member States covered by                  31 December 1979 in the 200 mile fishing zones of the
Community rules on fisheries ;                                  Member States covered by Community rules on fisheries
                                                                are those set out in Annex I within the quantitative
                                                                limits laid down therein and caught under the con­
Whereas fishing by Spanish vessels in these fishing zones       ditions laid down by this Regulation .
was authorized during the month of January 1979 ,
pursuant to Council Regulation (EEC) No 3152/78 of
21 December 1978 laying down certain interim
 measures for the conservation and management of                (!) OJ No L 374 , 30 . 12 . 1978 , p . 24 .
 fishery resources applicable to vessels flying the flag of     ( 2) OJ No L 26 , 1 . 2 . 1 979 , p . I.
 ---pagebreak--- No L 81 /2                              Official Journal of the European Communities                               31 . 3 . 79
                          Article 2                                5 . The captains of vessels holding a licence must
                                                                   respect the special conditions laid down in Annex II.
1 . Fishing shall be subject to the holding on board of a          These conditions shall form part of the licence.
licence, issued by the Commission on behalf of the
Community, and to compliance with the conservation
                                                                   In the case of tunny fishing, only points 1 and 2 of those
and supervisory measures and other provisions                      special conditions must be observed.
governing fishing in the zones referred to in Article 1 .
                                                                   6 . A vessel may hold only one licence.
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 4
                                                                   1 . The captains of vessels holding a licence for the
                           Article 3
                                                                   fisheries mentioned in point 3 (a) of Annex I must
                                                                   supply the information specified in the licence to the
 1 . When an application for a licence is submitted to             Commission through a radio station in one of the
the Commission, the following information shall be                 Member States .
supplied :
 (a) name of the vessel ;                                          2 . Licences for other types of fishing except tunny
                                                                   fishing may be invalidated if the Commission does not
 (b) registration number;
                                                                   receive by the fifth and 20th day of each month
 ( c) external indentification letters and numbers ;               information communicated by .the competent
                                                                   authorities of Spain concerning the catches made by
(d) port of registration ;                                         each vessel and the landings made in each port during
 (e) name and address of the owner or charterer;                   the previous fortnight.
 (f) gross tonnage and overall length ;
 (g) engine power;
                                                                                            Article 5
 (h ) call sign and radio frequency ;
                                                                   1 . Fishing with gillnets shall be prohibited.
 (i) intended method of fishing;
 (j ) intended area of fishing;                                    2. The vessels may have on board no fishing gear other
 (k) species intended to be fished ;                               than that necessary for the fishing authorized.
 (1 ) period for which a licence is requested.
                                                                                            Article 6
 2. Each licence shall be valid for one vessel only. When
 several vessels are taking part in the same fishing               1 . By-catches are permitted within the limits laid down
 operation, each vessel must be in possession of a licence         in point 2 of Annex I.
 indicating this method of fishing.
                                                                   2 . Tunny vessels may not fish any species other than
 3 . However, in the case of the fishing referred to in            thunnidae ; they may not have on board any species
 point 3 (b), (c) and (d) of Annex I, a single licence may          other than thunnidae with the exception of anchovies
 be issued on request for two vessels whose particulars             intended as live bait.
 shall be entered at the same time on the licence.
 For each of the said types of fishing, the Spanish
 authorities shall provide a list of vessels which shall not                                Article 7
 exceed in number that fixed in the last column of point
 3 of Annex I, specifying for which vessels a licence or a           1 . Licences referred to in point 3 (e) of Annex I are
  joint licence is requested and, where appropriate, the            valid until 30 June 1979, those referred to in ( f) during
  period of validity requested.                                     the period 1 July to 30 September 1979 .
  4. Paragraph 1 does not apply to licences referred to in          2 . Licences referred to in point 3 (b) of Annex I are
  point 3 (e) and (f) of Annex I, those licences not being          valid during the periods 1 January to 28 February 1979
  nominative but numbered .                                         and 1 July to 31 December 1979 .
 ---pagebreak--- 31 . 3 . 79                           Official Journal of the European Communities                                No L 81 /3
                         Article 8                               2 . No licence shall be issued for six months to vessels
                                                                 for which the obligations laid down in this Regulation
1 . Licences issued pursuant to this Regulation shall be         have not been observed .
valid for a period of at least two months from the first
day of a month to the last day of a month. Applications
for licences shall be made not later than 15 days before                                 Article 10
the desired date of commencement of validity.
                                                                 1 . Fishing may not take place in a zone within ICES
However, in April 1979, licences may be valid from a             divisions VI and VII, situated south of 56° 30 ' N, east of
different day ; in such a case, applications shall be made       12° W and north of 50° 30 ' N.
not later than 10 days before the desired date of
commencement of validity, except in the case of fishing          2 . The fishing referred to in point 3 ( d) of Annex I may
for anchovies .
                                                                 not take place east of 1° 48 ' W.
2 . The validity of licences may be extended under the
conditions laid down in the first subparagraph of
                                                                                         Article 11
paragraph 1 .
3 . Licences may be cancelled with a view to the issue           Regulations (EEC) No 3152/78 and ( EEC) No 167/79
of new licences . The cancellation shall take effect on the      are hereby repealed. Catches made by Spanish vessels
first day of the month following the surrender of the            under those Regulations shall be deducted from the
licences to the Commission .                                     quantities indicated in Annex I ( 1 ).
The new licences shall be issued in accordance with
paragraph 1 .                                                                            Article 12
                                                                 This Regulation shall enter into force on the day
                         Article 9                               following its publication in the Official Journal of the
                                                                 European Communities.
1 . 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 January to 31 December
down in point 1 of Annex I have been fished.                      1979 .
               This Regulation shall be binding in its entirety and directly applicable in all Member States.
               Done at Brussels, 26 March 1979.
                                                                                     For the Council
                                                                                      The President
                                                                                    P. MEHAIGNERIE
 ---pagebreak--- No L 81 /4                                   Official Journal of the European Communities                                                         31 . 3 . 79
                                                                          ANNEX I
           1 . Fishing quotas
                                                          Species                                                 ICES division        Quantity
                                                                                                                                        (tonnes )
               Hake                                                                                                   VI             1 819 (!)
                                                                                                                      VII           6 (1 )
                                                                                                                      VIII          7 481 (')
               Other species taken as by-catches of hake fishing                                                      VI              3 638
                                                                                                                      VII           12 400
                                                                                                                      VIII          14 962
               Anchovy                                                                                                VIII          29 000 ( 2 )
               Tunny                                                                                                        No limit
                                                                                                                                1
               (') Of which 1 500 tonnes are transferred from the allocation for the last three months of 1978, subdivided as follows :
                    — division VI 176 tonnes ,
                    — division VII 600 tonnes ,
                    — division VIII 724 tonnes .
               ( 2) Catches made bv vessels flying the flag of Spain in the Spanish fishing zone are to be deducted from this quantity. •
           2 . Permitted by-catches :
                Target species       Species fished as                                      Permitted limits of by-catches
                                        by-catches
                Hake            Cod                          The total by-catches of these species may 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--- 31 . 3 . 79                                       Official Journal of the European Communities                                                       No L 81 /5
            3 . Number of licences that may be issued for the various ICES divisions
                                                                                                   ICES         Number of             Complete
                                               Type of fishing                                    division
                                                                                                                                        list of
                                                                                                                  licences
                                                                                                                                        vessels
                 ( a) Vessels conducting hake fishing                                               VI             31 (>)
                                                                                                    VII            87 (1 )
                                                                                                    VIII     '     (1 )
                ( b) Sardiners (seiners less than 100 GRT)                                         VIII              40                  71
                 ( c) Long-liners less than 100 GRT                                                 Villa             10                  17
                ( d ) Fishing exclusively with rods from vessels not
                         exceeding 50 GRT                                                          VIII              50                  60
                 ( e) Vessels fishing for anchovy as target species                                VIII             160
                  ( f) Vessels fishing for anchovy to be used as live
                        bait                                                                       VIII             120
                ( g) Tunny fishing                                                                 VI , VII,               No limit
                                                                                                   VIII
                                                                                                             \
                  ( ) 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                                                           100
                         800 bhp or more,   but less than 1 000 bhp                                                         1-07
                       I 000 bhp or more,   but not exceeding 1 200 bhp                                                     M I
                       Over 1 200 bhp                                                                                       115
                       Long-liners other than those specified in 3 ( c)                                                     0-33
                      When applying these conversion factors to *parejas' 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 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 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 transmission.
           6 . The details provided for in 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 'Pêcheur Brussels'.
               6.2 . All messages 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
                  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 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 Brussels ',
                  — 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
                       transmission,
                  — the name, call sign, and if applicable, the licence number of the vessel to which the transfer
                       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 merluccius)
                  C      Greenland halibut (Reinhardtius hippoglossoides )
                  D       Cod ( Gadus morrhua )
                  E      Haddock ( Melanogrammus aeglefinus )
                  F      Halibut (Hippoglossus hippoglossus)
                  G       Mackerel (Scomber scombrus)
                  H       Horse-mackerel (Trachurus trachurus )
                  I       Round-nose grenadier ( Coryphaenoides rupestris)
 ---pagebreak--- No L 81 /8              Official Journal of the European Communities 31 . 3 . 79
           J Saithe (Pollachius virens)
           K Whiting (Merlangus merlangus)
           L Herring (Clupea harengus)
           M Sandeel (Ammodytes sp)
           N Sprat (Clupea sprattus)
           0 Plaice (Pleuronectes platessa)
           P Norway pout (Trisopterus esmarkii)
           Q Ling (Molva molva)
           R Other
           S Shrimp (Penaeidae)
           T Anchovy (Engraulis encrassicholus)