31990R3938

31 . 12 . 90 Official Journal of the European Communities No L 378 / 89

COUNCIL REGULATION (EEC) No 3938 / 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 Portugal in waters falling under the sovereignty or within the jurisdiction of a Member State, apart from Spain and Portugal

THE COUNCIL OF THE EUROPEAN COMMUNITIES , Whereas the specific conditions governing the fishing activities referred to in Article 349 of the Act of Accession should be laid down; Having regard to the Treaty establishing the European Economic Community , Whereas the fishing activities covered by this Regulation are subject to the control measures provided for by Regulation (EEC) No 2241 / 87 0 ), as amended by Having regard to the Act of Accession of Spain and Regulation (EEC) No 3483 / 88 (2), as well as to the Portugal , and in particular Article 349 thereof, specific detailed rules drawn up in accordance with the second subparagraph of Article 349 (5) of the Act of Having regard to the proposal from the Commission, Accession ,

Whereas, pursuant to Article 349 of the Act of Accession, it is for the Council to fix the fishing possibilities and the HAS ADOPTED THIS REGULATION : corresponding number of Portuguese vessels authorized to fish in the waters referred to in paragraph 1 of that Article; Article 1 Whereas, pursuant to Article 349 (2), fishing possibilities The number of vessels flying the flag of Portugal authorized for catches of blue whiting and horse mackerel are granted to fish in waters falling under the sovereignty or within the to Portuguese vessels ; whereas the number of these vessels jurisdiction of another Member State, other than Spain and and the procedures for their access and control should be Portugal , as provided for in Article 349 of the Act of fixed annually; Accession, the procedures for access and the catch possibilities for certain species shall be as set out in the Annex . Whereas fishing possibilities for species not subject to the system of total allowable catches and the corresponding number of vessels should be determined on the basis of the situation of Portuguese fishing activities in the waters of the Article 2 Member States apart from Spain for the period prior to accession ; whereas there is a need to ensure the This Regulation shall enter into force on 1 January 1991 . conservation of stocks taking into account the limits imposed on fishing for similar species in Portuguese waters by vessels of a Member State other than Spain; It shall apply until 31 December 1991 .

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

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 / 90 Official Journal of the European Communities 31 . 12 . 90

ANNEX

PORTUGAL — EEC

Period of Quantity Authorized Total number Species ICES zone fishing (tonnes) fishing gear of vessels authorized

Blue whiting 3 000 V b , VI, VII , VIII a, b , d (!) (2) Pelagic trawl 5 (3) Year round (Micromesistius poutassou) 2 (4)

Horse mackerel . 3 000 V b , VI, VII, VIII a , b , d (*) (2) Pelagic trawl 6(3) Year round (Trachurus trachurus) 4(4)

Thunnidae Unlimited V b , VI, VII , VIII a , b , d (*) (2) All except Unlimited Year round gill-nets

C1 ) Except for the zone to the south of latitude 56°30' North , to the east of longitude 12° West and to the north of latitude 50°30' North. (2) Waters falling under the sovereignty and within the jurisdiction of Members States of the Community other than Spain and Portugal. (3) Total number (basic list) of standard Portuguese vessels; standard vessel means a vessel having a brakfe horsepower qual to 700 horsepower (bhp). The conversion rates for vessels having a different engine power are the same as those defined in Article 158 (2) of the Act of Accession. (4) Total number of Portuguese vessels authorized to carry out fishing activities simultaneously (periodic list).