Legal provisions of COM(1982)897 - - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
dossier | COM(1982)897 - . |
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document | COM(1982)897 ![]() |
date | December 30, 1982 |
Contents
ARTICLE 1
ARTICLE 2
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 .
3 . A VESSEL MAY HOLD ONLY ONE LICENCE .
4 . THE SKIPPERS OF VESSELS HOLDING A LICENCE MUST OBSERVE THE SPECIAL CONDITIONS LAID DOWN IN ANNEX II . THESE CONDITIONS SHALL FORM PART OF THE LICENCE . HOWEVER , IN THE CASE OF VESSELS HOLDING A LICENCE REFERRED TO IN POINT 3 ( D ) , ( E ) OR ( F ) OF ANNEX I , ONLY POINTS 1 AND 2 OF THE SPECIAL CONDITIONS LAID DOWN IN ANNEX II MUST BE OBSERVED .
ARTICLE 3
( A ) NAME OF VESSEL ;
( B ) REGISTRATION NUMBER ;
( C ) EXTERNAL IDENTIFICATION LETTERS AND NUMBERS ;
( D ) PORT OF REGISTRATION ;
( E ) NAME AND ADDRESS OF THE OWNER OR CHARTERER AND , IF THE OWNER IS A LEGAL PERSON , OF THE MEMBERS ;
( F ) GROSS TONNAGE AND OVERALL LENGTH ;
( G ) ENGINE POWER ;
( H ) CALL SIGN AND RADIO FREQUENCY ;
( I ) INTENDED METHOD OF FISHING ;
( J ) INTENDED AREA OF FISHING ;
( K ) SPECIES INTENDED TO BE FISHED ;
( L ) PERIOD FOR WHICH A LICENCE IS REQUESTED .
2 . EACH LICENCE SHALL BE VALID FOR ONE VESSEL ONLY . WHEN SEVERAL VESSELS ARE TAKING PART IN THE SAME FISHING OPERATION , EACH VESSEL MUST BE IN POSSESSION OF A LICENCE INDICATING THIS METHOD OF FISHING .
3 . HOWEVER , IN THE CASE OF THE FISHING REFERRED TO IN POINT 3 ( B ) AND ( C ) OF ANNEX I , A SINGLE LICENCE MAY BE ISSUED ON REQUEST FOR TWO VESSELS WHOSE PARTICULARS SHALL BE ENTERED AT THE SAME TIME ON THE LICENCE .
FOR EACH OF THE SAID TYPES OF FISHING , THE SPANISH 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 JOINT LICENCE IS REQUESTED AND , WHERE APPROPRIATE , THE PERIOD OF VALIDITY REQUESTED .
4 . A VESSEL MAY HOLD ONLY ONE LICENCE .
ARTICLE 4
- NAME OF THE VESSEL ,
- REGISTRATION NUMBER ,
- EXTERNAL IDENTIFICATION LETTERS AND NUMBERS ,
- PORT OF REGISTRY ,
- NAME AND ADDRESS OF THE OWNER OR CHARTERER ,
- GROSS TONNAGE AND OVERALL LENGTH ,
- CALL SIGN AND RADIO FREQUENCY .
2 . THE LICENCES REFERRED TO IN POINT 3 ( D ) OF ANNEX I MAY BE USED ONLY BY VESSELS INCLUDED IN A PERIODIC PROGRAMME . THIS PROGRAMME SHALL GIVE THE NAMES AND REGISTRATION NUMBERS OF ALL VESSELS AUTHORIZED TO USE SUCH A LICENCE DURING THE PERIOD COVERED , TOGETHER WITH THE DATES ON WHICH EACH VESSEL MAY USE SUCH A LICENCE .
A PERIODIC PROGRAMME SHALL BE VALID FOR A PERIOD OF AT LEAST ONE MONTH AND SHALL BE INTRODUCED AT LEAST FOUR WORKING DAYS BEFORE THE BEGINNING OF THE PERIOD WHICH IT COVERS . THE DURATION FOR WHICH EACH VESSEL MAY USE A LICENCE UNDER THE PERIODIC PROGRAMME SHALL BE NOT LESS THAN TWO DAYS . APPROVAL OF THE VARIOUS PARTS OF A PERIODIC PROGRAMME SHALL BE GIVEN BY THE COMMISSION ONE WORKING DAY BEFORE THE DATE SCHEDULED FOR THEIR ENTRY INTO FORCE .
ARTICLE 5
2 . SHOULD THE COMMISSION NOT BE IN POSSESSION OF A NEW PERIODIC PROGRAMME OR LIST FOUR WORKING DAYS BEFORE THE EXPIRY OF THE PRECEDING PROGRAMME OR LIST , THE PROVISIONS APPLICABLE TO THE LAST WEEK COVERED SHALL BE APPLIED FOR A FURTHER WEEK .
ARTICLE 6
ARTICLE 7
2 . THE VESSELS MAY HAVE ON BOARD NO FISHING GEAR OTHER THAN THAT NECESSARY FOR THE FISHING AUTHORIZED .
3 . TRAWLS , DANISH SEINES OR SIMILAR NETS HAVING MESH SIZES SMALLER THAN 80 MM MAY NOT BE USED WHEN FISHING FOR HAKE , NOR CARRIED ON BOARD .
ARTICLE 8
2 . VESSELS HOLDING A LICENCE ENTITLING THEM TO FISH FOR TUNNY MAY NOT FISH ANY SPECIES OTHER THAN THUNNIDAE ; THEY MAY NOT HAVE ON BOARD ANY SPECIES OTHER THAN THUNNIDAE , WITH THE EXCEPTION OF ANCHOVIES INTENDED AS LIVE BAIT .
ARTICLE 9
ARTICLE 10
2 . WHERE A VESSEL INFRINGES THIS REGULATION BY FISHING WITHOUT A VALID LICENCE IN THE ZONE REFERRED TO IN ARTICLE 1 AND WHERE THAT VESSEL BELONGS TO A SHIPOWNER WHO HAS ONE OR MORE OTHER VESSELS TO WHICH LICENCES HAVE BEEN ISSUED , ONE OF SUCH LICENCES MAY BE WITHDRAWN .
3 . VESSELS ENGAGING IN THE TYPE OF FISHING REFERRED TO IN POINT 3 ( A ) OF ANNEX I WHICH HAVE FAILED TO COMPLY WITH THE OBLIGATIONS PROVIDED FOR IN THIS REGULATION SHALL NOT BE GRANTED A LICENCE FOR A PERIOD OF FROM FOUR TO 12 MONTHS FROM THE DATE ON WHICH THE INFRINGEMENT WAS COMMITTED .
4 . VESSELS ENGAGING IN THE TYPE OF FISHING REFERRED TO IN POINT 3 ( B ) , ( C ) , ( D ) , ( E ) AND ( F ) OF ANNEX I WHICH HAVE FAILED TO COMPLY WITH THE OBLIGATIONS PROVIDED FOR IN THIS REGULATION SHALL NOT BE GRANTED A LICENCE FOR A PERIOD OF FROM TWO TO FOUR MONTHS FROM THE DATE ON WHICH THE INFRINGEMENT WAS COMMITTED .
5 . NO LICENCE SHALL BE ISSUED DURING THE PERIODS REFERRED TO IN PARAGRAPHS 3 AND 4 TO A VESSEL BELONGING TO A SHIPOWNER WHO ALSO OWNS A VESSEL WHOSE LICENCE HAS BEEN WITHDRAWN .
ARTICLE 11
2 . THE FISHING REFERRED TO IN POINT 3 ( D ) OF ANNEX I MAY NOT TAKE PLACE EAST OF 1 * 48' W .
ARTICLE 12
ARTICLE 13
ARTICLE 14
IT SHALL APPLY DURING THE PERIOD 1 TO 31 JANUARY 1983 .
THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES .
DONE AT BRUSSELS , 30 DECEMBER 1982 .
FOR THE COUNCIL
THE PRESIDENT
O . MOELLER
( 1 ) OJ NO L 322 , 28 . 11 . 1980 , P . 3 .
( 2 ) OJ NO L 120 , 1 . 5 . 1982 , P . 9 .
ANNEX I
1 . FISHING QUOTAS
SPECIES*ICES SUB-AREAS*QUANTITY ( TONNES ) *
HAKE*VI*83*
*VII*283*
*VIII*342 ( 1 )*
OTHER SPECIES TAKEN AS BY-CATCHES OF HAKE FISHING*VI*166*
*VII*566*
*VIII*684*
TUNA*VI , VII , VIII*NO LIMIT*
RAY'S BREAM*VII G ) , H ) , J ) , K ) *NO LIMIT*
( 1 ) CATCHES MADE BY VESSELS REFERRED TO UNDER POINT 3 ( C ) AND ( D ) ARE TO BE ADDED TO THIS QUANTITY .
2 . PERMITTED BY-CATCHES
TARGET SPECIES*SPECIES FISHED AS BY-CATCHES*PERMITTED LIMITS OF BY-CATCHES*
HAKE*COD*THE TOTAL BY-CATCHES OF THESE SPECIES MAY NOT EXCEED 3 % BY WEIGHT OF THE TOTAL CATCH ON BOARD*
*HADDOCK**
*WHITTING**
*POLLACK**
*SAITHE**
*CLUPEID FISH*THE TOTAL BY-CATCHES OF THESE SPECIES MAY NOT EXCEED 5 % BY WEIGHT OF THE TOTAL CATCH ON BOARD*
*NORWAY LOBSTER**
*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 ( INCLUDING INVERTEBRATES ) *BY-CATCHES OF ALL OTHER SPECIES MAY NOT BE KEPT ON BOARD*
3 . NUMBER OF LICENCES THAT MAY BE ISSUED FOR THE VARIOUS ICES SUB-AREAS AND DIVISIONS
TYPE OF FISHING*ICES SUB-AREAS AND DIVISIONS*NUMBER OF LICENCES*COMPLETE LIST OF VESSELS*
( A ) VESSELS CONDUCTING HAKE FISHING*VI*17 ( 1 )* - *
*VII*53 ( 1 )* - *
*VIII*44 ( 1 ) ( 2 )* - *
( B ) SARDINERS ( SEINERS LESS THAN 100 GRT ) *VIII*40*71*
( C ) LONG-LINERS LESS THAN 100 GRT*VIII A ) *5*25*
( D ) FISHING EXCLUSIVELY WITH RODS FROM VESSELS NOT EXCEEDING 50 GRT*VIII*50* - *
( E ) TUNA FISHING*VI , VII , VIII*NO LIMIT* - *
( F ) VESSELS FISHING FOR RAY'S BREAM*VII G ) , H ) , J ) , K ) *NO LIMIT* - *
( 1 ) FIGURE FIXED ON THE BASIS OF A STANDARD VESSEL WITH A BRAKE HORSEPOWER OF 700 BHP . THE CONVERSION FACTORS FOR VESSELS OF ANOTHER HORSEPOWER ARE AS FOLLOWS :
HORSPOWER*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*1,00*
800 BHP OR MORE , BUT LESS THAN 1 000 BHP*1,07*
1 000 BHP OR MORE , BUT NOT EXCEEDING 1 200 BHP*1,11*
OVER 1 200 BHP*2,25*
LONG-LINERS OTHER THAN THOSE SPECIFIED IN 3 ( C ) *0,33*
WHEN APPLYING THESE CONVERSION FACTORS TO ' PAREJAS ' , AND ' TRIOS ' THE HORSEPOWER OF THE INDIVIDUAL VESSEL'S ENGINES ARE TO BE TOTALLED .
( 2 ) THE TOTAL NUMBER OF LONG-LINERS , OTHER THAN THOSE REFERRED TO UNDER ( C ) , AUTHORIZED TO FISH IN ZONE VIII SHALL BE 15 .
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 LOG-BOOK 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 SQUARE IN WHICH THE CATCHES WERE MADE ;
3.4 . THE FISHING METHOD USED ;
3.5 . ALL RADIO MESSAGES TRANSMITTED IN ACCORDANCE WITH POINTS 4 TO 6 .
4 . INFORMATION MUST BE TRANSMITTED BY THE LICENSED VESSEL TO THE COMMISSION OF THE EUROPEAN COMMUNITIES AT BRUSSELS ( TELEX ADDRESS 24.189 FISEU-B ) VIA ONE OF THE RADIO STATIONS LISTED IN POINT 6.1 AND IN ACCORDANCE WITH THE FOLLOWING TIMETABLE :
4.1 . IN THE CASE OF LICENCES AUTHORIZING FISHING FOR HAKE OR SARDINES :
4.1.1 . 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 ;
4.1.2 . 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 ;
4.1.3 . ON EACH OCCASION THE VESSEL MOVES FROM ONE ICES SUB-AREA TO ANOTHER WITHIN THE ZONES AS DEFINED IN 4.1.1 AND 4.1.2 ;
4.1.4 . ON EACH OCCASION THE VESSEL ENTERS A COMMUNITY PORT ;
4.1.5 . ON EACH OCCASION THE VESSEL LEAVES A COMMUNITY PORT ;
4.1.6 . AT WEEKLY INTERVALS , IN RESPECT OF THE WEEK BEGINNING EITHER ON THE DATE ON WHICH THE VESSEL FIRST ENTERED THE ZONE REFERRED TO IN 4.1.1 ABOVE OR ON THE DATE ON WHICH THE VESSEL LEFT ONE OF THE PORTS REFERRED TO IN 4.1.5 ABOVE .
4.2 . WHERE THE LICENCE AUTHORIZES FISHING FOR ANCHOVIES :
4.2.1 . ON EACH OCCASION THE VESSEL ENTERS THE 200 NAUTICAL MILE FISHING ZONE OFF THE COASTS OF THE MEMBER STATES , WHICH IS COVERED BY COMMUNITY FISHERIES REGULATIONS ;
4.2.2 . 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 .
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 SQUARE ;
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 SQUARE 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 . 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*
PORTISHEAD*GKA*
*GKB*
*GKC*
LAND'S END*GLD*
VALENTIA*EJK*
MALIN HEAD*EJM*
BOULOGNE*FFB*
BREST*FFU*
SAINT-NAZAIRE*FFO*
BORDEAUX-ARCACHON*FFC*
6.2 . 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 .
6.3 . 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 :
- 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 MESSAGE TAKING INTO ACCOUNT THE DIFFERENT POINTS MENTIONED IN POINT 4 ,
- THE GEOGRAPHICAL POSITION AND THE ICES STATISTICAL SQUARE ,
- THE QUANTITY ( IN KG ) OF EACH SPECIES OF FISH IN THE HOLDS USING THE CODE GIVEN IN POINT 6.4 ,
- THE QUANTITY ( IN KG ) OF EACH SPECIES CAUGHT SINCE THE PREVIOUS TRANSMISSION ,
- THE ICES STATISTICAL SQUARE 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 SKIPPER .
6.4 . THE CODE TO BE USED TO INDICATE THE QUANTITIES OF FISH ON BOARD AS MENTIONED IN POINT 6.3 :
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 ( MERLANGUS 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 ( PANDALIDAE )
T . ANCHOVY ( ENGRAULIS ENCRASSICHOLUS )
U . REDFISH ( SEBASTES SP )
V . AMERICAN PLAICE ( HYPOGLOSSOIDES PLATESSOIDES )
W . SQUID ( ILLEX )
X . YELLOWTAIL ( LIMANDA FERRUGINEA )
Y . BLUE WHITING ( GADUS POUTASSOU )
Z . TUNA ( THUNNIDAE )
AA . BLUE LING ( MOLVA DYPTERYGIA )
BB . TUSK ( BROSME BROSME )
CC . DOGFISH ( SCYLIORHINUS RETIFER )
DD . BASKING SHARK ( CETORHINDAE )
EE . PORBEAGLE ( LAMMA NASUS )
FF . SQUID LOLIGO ( LOLIGO VULGARIS )
GG . RAY'S BREAM ( BRAMA BRAMA )
HH . SARDINE ( SARDINA PILCHARDUS )