31979R0167

1 . 2 . 79 No L 26/ 1 Official Journal of the European Communities

I

(Acts whose publication is obligatory)

COUNCIL REGULATION (EEC) No 167/79 of 30 January 1979 laying down certain interim measures for the conservation and management of fishery resources applicable to vessels flying the flag of Spain for the period 1 February to 31 March 1979

THE COUNCIL OF THE EUROPEAN Whereas this set of measures must be taken without COMMUNITIES, delay and it is therefore necessary to adopt them as interim measures on the basis of Article 103 of the Having regard to the Treaty establishing the European Treaty, Economic Community, and in particular Article 103 thereof,

Having regard to the proposal from the Commission, HAS ADOPTED THIS REGULATION : Whereas on 3 November 1976 the Council adopted a set of resolutions concerning certain external and Article 1 internal aspects of the common fisheries policy ;

Whereas the Community and Spain have negotiated a The only catches which vessels flying the flag of framework agreement on fisheries ; Spain are authorized to make during the period 1 February to 31 March 1979 in the 200 nautical mile Whereas the Commission has presented a proposal for fishing zones of the Member States covered by the conclusion of that Agreement to the Council ; Community rules on fisheries are those set out in Annex I within the quantitative limits laid down Whereas fishing by Spanish vessels in the fishing therein and caught under the conditions laid down by this Regulation . zones of the Member States covered by Community rules on fisheries is authorized until 31 January 1979 pursuant to Council Regulation (EEC) No 3152/78 of 21 December 1978 laying down certain interim Article 2 measures for the conservation and management of fishery resources applicable to vessels flying the flag of 1 . Fishing shall be subject to the holding on board Spain, for the period 1 to 31 January 1979 ('); of a licence, issued by the Commission on behalf of the Community, and to compliance with the conserva­ Whereas consultations are now taking place between tion and supervisory measures and other provisions delegations of the Community and Spain on their reci­ governing fishing in the zones referred to in Article 1 . procal fishing possibilities in 1979 ;

Whereas any interruption of reciprocal fishing activi­ 2. Subject to paragraph 3 being applied, licences valid on 31 January 1979 shall remain valid until 31 ties should be avoided pending the outcome of those March 1979 . consultations ;

Whereas in order to avoid the interruption of fishing 3. The licences referred to in paragraph 2 may be by Spanish vessels in the fishing zones of the Member cancelled so that new licences may be issued up to States covered by Community rules on fisheries appro­ the number indicated in point 2 of Annex I. The priate measures must be adopted before 1 February cancellation shall take effect on the day they are 1979 ; surrendered to the Commission . Applications for new licences must be submitted at the latest 10 days before (!) OJ No L 374, 30. 12. 1978 , p. 24. the desired date of commencement of validity.

No L 26/2 Official Journal of the European Communities 1 . 2 . 79

4. When an application for a licence is submitted 2. Licences for other types of fisheries other than to the Commission, the following information shall tunny may be invalidated if the Commission does not be supplied : receive by the fifth and 20th day of each month infor­ mation communicated by the competent authorities (a) name of the vessel ; of Spain concerning the catches made by each vessel (b) registration number ; and the landings made in each port during the previous fortnight. (c) external identification letters and numbers ; (d) port of registration ; (e) name and address of the owner or charterer ; Article 6 (f) gross tonnage and overall length ; 1 . In fishing for hake, total by-catches of cod, (g) engine power ; haddock, whiting, pollack and saithe may not exceed (h) call sign and radio frequency ; 3 % and the total of those of clupeid fish and Norway (i) intended method of fishing ; lobster (Nephrops norvegicus) may not exceed in total 5 % of catches on board a vessel . By-catches of sole (j) intended area of fishing ; and plaice shall be forbidden . (k) species intended to be fished ; (1) period for which a licence is requested. 2. In fishing for sardines, by-catches of horse-mack­ erel may not exceed, per vessel, 1 0 % by weight of the total catch or of any sample thereof of at least 100 Article 3 kilograms in the hold after sorting ; by-catches may not include fish of other species or invertebrates. 1 . Each licence shall be valid for one vessel only. When several vessels are taking part in the same 3. Tunny vessels may neither fish nor have on fishing operation, each vessel must be in possession of board any species other than thunnidae, with the a licence . exception of anchovies intended as live bait. 2. However, in the case of the fishing referred to in point 2 (b), (c) and (d) of Annex I, a single licence may Article 7 be issued on request for two vessels whose particulars shall be entered at the same time on the licence . 1 . Fishing by means of gill nets shall be prohibited. 3 . The captains of vessels holding a licence must respect the special conditions laid down in Annex II . 2. The vessels may have on board no fishing gear These conditions shall form part of the licence. other than that necessary for the fishing authorized.

In the case of tunny fishing, only points 1 and 2 of 3 . However, tunny vessels fishing for tunny with those special conditions must be observed . live bait are hereby authorized to have on board the fishing gear necessary to that end. 4. A vessel fishing in accordance with this Regula­ tion may hold only one licence. Article 8 Article 4 1 . Fishing may not take place in a zone, within 1 . The period of validity of the licences shall expire ICES divisions VI and VII , situated south of 56° 30 ' as soon as it has been established that the quantities North , east of 12° West and north of 50° 30 ' North . laid down in point 1 of Annex I have been fished. 2. The fishing referred to in point 2 (d) of Annex I 2. No licences shall be issued for a period of three may not take place east of 1° 48 ' West. months to vessels not respecting the obligations laid down in this Regulation . Article 9 Article 5 This Regulation shall enter into force on the day of its publication in the Official Journal of the European 1 . The captains of vessels holding a licence for the Communities. fisheries mentioned in subparagraph 2 (a) of Annex I must supply the information specified in the licence to the Commission through a radio station in one of It shall be applicable from 1 February to 31 March the Member States . 1979 .

1 . 2 . 79 Official Journal of the European Communities No L 26/3

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 30 January 1979. For the Council The President J. FRANgOIS-PONCET

No L 26/4 Official Journal of the European Communities 1 . 2 . 79

ANNEX I

1 . Fishing quotas for the period 1 February to 31 March 1979

ICES Quantity Species division (tonnes)

Hake VI 352 VII 1 200 VIII 1 448

Other species taken as by-catches of hake fishing in VI , 704 VII 2 400 accordance with Article 6 ( 1 ) VIII 2 896

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'

VI — (a) Vessels conducting hake fishing 37 (') VII 104 (!) VIII 99 (1)

(b) Sardiners (seiners not exceeding 100 VIII 40 71 GRT)'

VIII a 10 17 (c) Long-liners not exceeding 100 GRT

(d) Fishing exclusively with rods from VIII 50 60 vessels not exceeding 50 GRT

(e) Tunny fishing 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 100 800 bhp or more, but less than 1 000 bhp 1.07 1 000 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 '

1 . 2 . 79 Official Journal of the European Communities No L 26/5

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 .

No L 26/ 6 1 . 2 . 79 Official Journal of the European Communities

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 PÊCHEUR BRUSSELS .

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 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, 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 .

1 . 2 . 79 No L 26/7 Official Journal of the European Communities

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) 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)