31979R0586
31 . 3 . 79 No L 81 / 1 Official Journal of the European Communities
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 1979 laying down certain interim measures for the Having regard to the Treaty establishing the European conservation and management of fishery resources Economic Community, and in particular Article 103 applicable to vessels flying the flag of Spain, for the thereof, 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 The only catches which vessels flying the flag of Spain Community authorities adopt for that period certain are authorized to make during the period 1 January to measures authorizing Spanish vessels to fish in the 31 December 1979 in the 200 mile fishing zones of the fishing zones of the Member States covered by Member States covered by Community rules on fisheries 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.
No L 81 /2 31 . 3 . 79 Official Journal of the European Communities
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 Article 7 authorities shall provide a list of vessels which shall not 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 valid until 30 June 1979, those referred to in ( f) during joint licence is requested and, where appropriate, the 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 .
31 . 3 . 79 No L 81 /3 Official Journal of the European Communities
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 .
Regulations (EEC) No 3152/78 and ( EEC) No 167/79 3 . Licences may be cancelled with a view to the issue of new licences . The cancellation shall take effect on the are hereby repealed. Catches made by Spanish vessels under those Regulations shall be deducted from the first day of the month following the surrender of the licences to the Commission . quantities indicated in Annex I ( 1 ).
The new licences shall be issued in accordance with Article 12 paragraph 1 .
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 1979 . down in point 1 of Annex I have been fished.
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
31 . 3 . 79 No L 81 /4 Official Journal of the European Communities
ANNEX I
1 . Fishing quotas
Species ICES division Quantity ( tonnes )
Hake VI 1 819 (!) VII 6 (1 ) VIII 7 481 (')
VI 3 638 Other species taken as by-catches of hake fishing VII 12 400 VIII 14 962
VIII 29 000 ( 2 ) Anchovy
No limit Tunny 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 :
Species fished as Target species 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 )
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 Complete Number of Type of fishing list of division 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 .
No L 81 /6 31 . 3 . 79 Official Journal of the European Communities
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 :
31 . 3 . 79 No L 81 /7 Official Journal of the European Communities
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)
No L 81 / 8 31 . 3 . 79 Official Journal of the European Communities
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 )