31990R3936

31 . 12 . 90 Official Journal of the European Communities No L 378 / 85

COUNCIL REGULATION (EEC ) No 3936 / 90

of 20 December 1990 fixing, for 1991 , certain measures for the conservation and management of fishery resources, applicable to vessels flying the flag of a Member State, other than Spain and Portugal, in waters falling under the sovereignty or within the jurisdiction of Portugal

THE COUNCIL OF THE EUROPEAN COMMUNITIES , tory species, for which catch possibilities are granted, should be laid down , whereas the limits concerning the zones and the periods of fishing of these vessels are laid Having regard to the Treaty establishing the European down by Article 351 (2), (3 ) and (4) of the Act of Economic Community , Accession;

Having regard to the Act of Accession of Spain and Whereas the fishing activities covered by this Regulation Portugal, and in particular Article 351 thereof, are subject to the control measures provided for by Regulation (EEC) No 2241 / 87 ( ! ), as amended by Regulation (EEC) No 3483 / 88 (2), as well as to the Having regard to the proposal from the Commission , specific detailed rules drawn up in accordance with the second subparagraph of Article 351 ( 5 ) of the Act of Whereas, pursuant to Article 351 of the Act of Accession , Accession, it is for the Council to fix the fishing possibilities and the corresponding number of Community vessels which may fish in the waters referred to in that Article ; HAS ADOPTED THIS REGULATION : Whereas these possibilities are determined, with respect to pelagic species not subject to the system of total allowable catches (TACs) and quotas, other than highly migratory Article 1 species, on the basis of the situation of the fishing activities of the Member States apart from Spain, in Portuguese The number of vessels flying the flag of a Member State, waters for the period prior to accession ; whereas there is a other than Spain and Portugal , authorized to fish in waters need to ensure stock conservation , taking account falling under the sovereignty or within the jurisdiction of moreover of the limits placed on fishing by Portuguese Portugal , as provided for in Article 351 of the Act of vessels for similar species in waters of the Member States , Accession and the procedures for access, shall be as set out apart from Spain; in the Annex .

Whereas, for 1991 , no fishing possibilities for species not Article 2 subject to TACs and quotas are granted to Portugal in the waters of the Member States apart from Spain; This Regulation shall enter into force on 1 January 1991 . Whereas the specific conditions governing the fish­ ing activities of vessels exploiting stocks of highly migra­ It shall be applicable until 31 December 1991 .

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

Done at Brussels , 20 December 1990 .

For the Council The President

P ; BUKMAN

(!) OJ No L 207 , 29 . 7. 1987 , p. 1 . (2) OJ No L 306 , 11 . 11 . 1988 , p . 2 .

No L 378 / 86 Official Journal of the European Communities 31 . 12 . 90

ANNEX

EEC — PORTUGAL

Period of Quantity Authorized Total number Species Zones { l ) fishing (tonnes) fishing gear of vessels (3) authorization

Albacore tuna Unlimited X and CECAF Troll line 110 Between 2 June (Tbunnus alalunga) (France) (2) and 28 July

Tropical tuna Unlimited X (to the south of 36°30' N) All except Unlimited Year round CECAF (to the south of 31° N gill-nets and to the north of 31° N to the west of 17°30' W)

OtKer Unlimited IX All except Unlimited Year round (Thunnidae) gill-nets

( 1 ) Waters falling under the sovereignty and within the jurisdiction of Portugal . (2) Not exceeding 26 m in length between perpendiculars. (3 ) Authorized to carry out fishing activities simultaneously.