31978R3040
23 . 12. 78 Official Journal of the European Communities No L 361 / 5
COUNCIL REGULATION (EEC) No 3040/78 of 18 December 1978 amending Regulation (EEC) No 2327/78 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 shall be valid from the first day of a month to the COMMUNITIES, last day thereof. Applications for licences shall be made not later than 20 days before the desired Having regard to the Treaty establishing the European date of commencement of validity. Economic Community, and in particular Article 103 thereof, However, in October 1978, licences may be valid from a different day. In such a case, applications Having regard to the proposal from the Commission, shall be made not later than 10 days before the desired date of commencement of validity. Whereas on 4 October 1978 the Council adopted Regulation (EEC) No 2327/78 laying down certain The validity of a licence issued in October 1978 measures for the conservation and management of may expire on 20 November 1978 . A licence fishery resources applicable to vessels flying the flag of issued in November 1978 may be valid from 21 Spain for the period 1 October to 31 December November 1978 . 1978 0);
Whereas when Regulation (EEC) No 2327/78 became 2. Except in the case of the licences referred to operative transition to the new arrangements gave rise in paragraph 4, the validity of licences may be to difficulties, particularly as regards the drawing up of extended under the conditions laid down in the fishing plans for the Spanish ports concerned ; first subparagraph of paragraph 1 . whereas this should be remedied in such a way as will not affect the balance of the Framework Agreement 3 . Licences may be cancelled with a view to the on fisheries negotiated between the Community and issue of new licences. The cancellation shall take Spain ; effect on the first day of the month following the surrender of the licences to the Commission . Whereas provisions should be made to permit the temporary withholding of licences from vessels for which the obligations arising from the arrangements However, for the licences referred to in paragraph laid down in Regulation (EEC) No 2327/78 have not 4. cancellation shall take effect on the day of their surrender to the Commission . been observed ;
Whereas such measures must be taken without delay The new licences shall be issued in accordance and it is therefore necessary to adopt them as interim with paragraph 1 . measures on the basis of Article 103 of the Treaty, subject to their being included at a later date in the 4. Subject to paragraph 3 being applied, common agricultural policy, licences valid on 30 September 1978 shall remain valid until 31 October 1978 .
HAS ADOPTED THIS REGULATION : 5 . No licence shall be issued for three months to vessels for which the obligations laid down in this Regulation have not been observed.' Article 1
Article 8 of Regulation (EEC) No 2327/78 shall be Article 2 replaced by the following :
'Article 8 This Regulation shall enter into force on the third day following its publication in the Official Journal of 1 . Subject to the second and third subpara the European Communities. graphs, licences issued pursuant to this Regulation
(■) OJ No L 280, 5. 10. 1978 , p. 16. It shall apply until 31 December 1978 .
No L 361 /6 Official Journal of the European Communities 23 . 12 . 78
This Regulation shall be binding in its entirety and directly applicable in all Member States .
Done at Brussels, 18 December 1978 .
For the Council
The President
H.-D. GENSCHER