31978R2327
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 vessels flying the flag of Spain shall be as laid down in Having regard to the proposal from the Commission, 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 (a) name of the vessel ; negotiated agreement, on the conditions for the 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 (f) gross tonnage and overall length ; covered by Community rules on fisheries ; (g) engine power ; Whereas this set of measures must be taken without (h) call sign and radio frequency ; delay and it is therefore necessary to adopt them as 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 ; (1) period for which a licence is requested. HAS ADOPTED THIS REGULATION :
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 a licence . The only catches which vessels flying the flag of 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.
5 . 10 . 78 Official Journal of the European Communities No L 280/ 17
Article 8 4. The captains of vessels holding a licence must 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 However, in October 1978 , licences may be valid from tion may hold only one licence. 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 surrender of the licences to the Commission . may be invalidated if the Commission does not 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 valid on 30 September 1978 shall remain valid until Fishing by means of gill nets shall be forbidden . 31 October 1978 .
Article6¶
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 2. The fishing referred to in point 2 (d) of Annex I not include fish of other species or invertebrates. 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 1978 . down in point 1 of Annex I have been fished.
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
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
ICES Number of Complete list Type of fishing 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
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 .
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 GPK Portpatrick GLV Anglesey Ilfracombe GIL Niton GNI Stonehaven GND Portshead GKA GKB GKC Land's End GLD Valentia EJK Malin Head EJM FFB Boulogne 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 .
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)