Explanatory Memorandum to 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 - . |
|---|---|
| source | COM(1982)897  |
| date | 29-12-1982 |
COLLECTION RELIEE DES DOCUMENTS 'COM'
Contents
- COM (82)897
- 1. Licences for vessels which have not complied with the obligations provided for in
- : by fishing without a valid
- 3. Vessels engaging in the type of fishing referred to in point t (a) of Annex I which have failed to utmply with the obligations provided for in
- 4. Vessels engaging in the type of fishing referred to
- have failed to comply with the obligations provided for
- The competent authorities in the Member States shall take appropriate measures, including the regular
- '1. Fishing quotas
- 2. Permitted by-catches
- 0-57 0-76 0 85 0-90 0-96 I 00 I 0/ Ml 225 0 33
- Less than 300 bhp
- 300 bhp or more, but less than 400 bhp
- 400 bhp- or more, but less, than 500 bhp
- 500 bhp or more, but less than 600 bhp
- 600 bhp or more, but less than 700 bhp
- 700 blip oi itiurr, blit Iras than 800 blip
- 800 bhp or more, but less than I 000 blip 1 000 bhj or more, but not exceeding I 200 bhp Over I 200 bhp
- Special conditions
- A. Deep-water prawn (Pandalus borealis)
- F. Halibut (Hippoglossus hippoglossus)
- N. Sprat (Clupea sprattus)
Vol. 1982/0271
Disclaimer
Conformement au reglement (CEE, Euratom) n° 354/83 du Conseil du ler fevrier 1983 concernant I’ouverture au public des archives historiques de la Communaute economique europeenne et de la Communaute europeenne de I’energie atomique (JO L 43 du 15.2.1983, p.
1), tel que modifie par le reglement (CE, Euratom) n° 1700/2003 du 22 septembre 2003 (JO L 243 du 27.9.2003, p.
1), ce dossier est ouvert au public. Le cas echeant, les documents classifies presents dans ce dossier ont ete declassifies conformement a I’article 5 dudit reglement.
In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983 concerning the opening to the public of the historical archives of the European Economic Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p.
1), as amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243, 27.9.2003, p.
1), this file is open to the public. Where necessary, classified documents in this file have been declassified in conformity with Article 5 of the aforementioned regulation.
In Obereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1. Februar 1983 uber die Freigabe der historischen Archive der Europaischen Wirtschaftsgemeinschaft und der Europaischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983, S.
1), geandert durch die Verordnung (EG, Euratom) Nr. 1700/2003 vom 22. September 2003 (ABI. L 243 vom 27.9.2003, S.
1), ist diese Datei der Offentlichkeit zuganglich. Soweit erforderlich, wurden die Verschlusssachen in dieser Datei in Obereinstimmung mit Artikel 5 der genannten Verordnung freigegeben.
COMMISSION OF THE EUROPEAN COMMUNITIES
C0N(82> 897 final Brussels, 28 December 1982
Proposal for a COUNCIL REGULATION (EEC)
laying down certain measures for the conservation and management of fishery ressources applicables to vessels flying the flag of Spain for the period 1 January to 28 february 1983
(submitted to the Council by the Commission)
Proposal for a Council Regulation (EEC)
laying down certain measures for the conservation and management of fishery ressources applicables to vessels flying the flag of Spain for the period 1 January to 28 February 1983.
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to the Fisheries Agreement between the European Economic Community and the Government of Spain (1), and in particular article 3 thereof.
Whereas fishing by Spanish vessels in the fishing zones of the Member States covered by Community rules on fisheries is authorized until 31 December 1982 pursuant to Council Regulation (EEC) N° 1041/82 of 29 April 1982, laying down, for 1982, certain measures for the conservation and management of fishery resources applicable to vessels flying the flag of Spain,(2)
r ■
'■
Whereas consultants are now taking Placcl*™*n delegations of the Community and Spain on their rec procal fishing possibilities in 19op,
Whereas any in.crmp.inn of reeipuical fishing actiwi-lK> should t>e avoided pending the outcome of those consultations t
Whereas in order to avoid the .nicrmpt.on °fj'h.ng by Spanish vessels in the fishing /ones of the Membe States covered by Community n.les on fishenes appropriate measures must be adopted before 1 . JOnuary 1983;
Whereas, consequently, this measure should be adopted on a temporary basis, subject to its later inclusion in a definitive system to be adopted under Article 43 of the Treaty;
(1) OJ N° L 322, 28.11.1980, p. 3 (I-) OJ N° L 120, 1 .5.1982, p. 9
HAS ADOPTED THIS REGULATION :
Article 1
The only CAtches which vessels /lying the flag of Spain arc authorized to make during the period 1 January to 28 Februaryj^i^n the 200 mile fishing zones of
the Member States covered by the Community fisheries rules shall be those set out in Annex I, within the quantitative limits laid down therein and caught under the conditions laid down by this Regulation.
Article 2
1. ' Fishing shall he subject to the holding on hoard of a licence, issued by the Commission on behalf of the Community, and to compliance with the conservation and supervisory measures and other provisions governing fishing in the zones referred to in Article 1.
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), °r V of Annex I, only points 1 and 2 of the special conditions laid down in Annex II must be observed.
5 Article 3
1. When an application for a licence referred to in point 3 (a), (b), (c), t) and £/ of Annex I is submitted to the Commission, the following information shall be supplied:
(a) name of vessel;
(b) registration numbi ;
(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 frcipirncy;
(i) intended method of fishing;
(j) intended area ' ( fishing;
(k) spedc-s intended to be fished ;
(L) period for which a licence is requested.
2. Each licence shall he valid for one vessel only. When several vessels are taking part in the same fishing operation, each vessel must he in possession of a licence indicating this method of fishing.
3. However, in the case i>) the fishing referred to in point 3 (b) and (c) of Annex I, a single licence may he issued on request for two vessels whose particulars shall he entered at the same time on the licence.
For each of the vnd typi■< of fishing, the Spanish authorities shall provide a list of vessels which shall not exceed in number that tixed in the last column of point 3 of Annex ], 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.
A rude 4
1. The licences referred to in point 3 (d) of Annex I may be issued only to vessels appearing on a list of vessels authorized to use such licences during the period referred to in Article 1. This list shall provide the following particulars in respect of each vessel:
— 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 i ss than two days. Approval of the various parts of a oe.iodic programme shall be given by the Commission one working day before the date scheduled for their entry into force.
A rticlt 5
1. Notwithstanding the provisions of Article 4/ ili.uii'is in tlii- jnri.idu pnipi mimes imd list, may
hr mpn '.trd in ir-.pci f ol V*' Is wlm li li.ivc been prevented by fnm >nti/<nii Irom using the licence during the specified period. The vessels concerned shall not he authorized to fish until confirmation has been received from the Commission ; such confirmation should be given within hours, excluding public holidays.
2. Should the Commission not he in possession of a new periodic programme or list tour 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
Licences other than those referred to in point 3 et*4 £) of Annex I may be invalidated if the Commission aoes not receive, by the fifth and 20th day of each month, information communicated by the competent Spanish authorities concerning the catches made by each vessel and the landings made in each port during the previous fortnight.
. Article 7
1. Fishing with giilnets shall be prohibited.
2. The vessels may have on board no fishing gear other than that necessary for the fishing authorized.
Trawls, Danish seines or similar nets having mesh sizes smaller than 80 mm may not be used when fishing for hake j A OR CARRIED oi
1 Article 8
1. By-catehe-i shall be permitted within the limits laid down in point 2 of Annex I.
2. Vessels holding a licence entitling them to fish for tunny trt3y not fish any species other than thun-nidae ; they may not have on board any species other than thunnidae, with the exception of anchovies intended as live bait.
Article 9-
The period of validity of the licences referred to in point 3 (a) . of Annex 1 shall expire as soon as the Commission has established that the quantities laid down in point 1 of Annex I have been fished.
'and at the Latest on 28 February 1983.
Article 10
this Regulation may be withdrawn.
2. Where a vessel infringes th.is regulation
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 t (a) of Annex I which have failed to utmply 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.
Article 14
inspection of vessels, to ensure implementation of this Regulation.
in point 3 (b), (c), (d), ' ‘ “ of Annex I which
' ; ‘ this Regulation
shall not be granted a licence for a period of front 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
1. Fishing may not take place in a zone within ICES sub-areas VI and VII, situated south of 36°30'N, cast of I2"W, ami north of W’JO'N.
2. The fishing referred to in point 3 (d) of Annex I may not take place cast of 1°48 W.
Article 13
Where an infringement is duly found to have taken place, the Member States shall, without delay, inform the Commission of the name of the vessel concerned and of any action they may have taken.
A rticlt 1 2
The competent authorities in the Member States shall take appropriate measures, including the regular
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Communities.
It shall apply during th$ period 1 January to 28 February 1983.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done
For the Council '
The President /
ANNEX 1
| Species , | ICES •ul>‘'rru | Quantity (tonne*) |
| Hake | VI | 166 |
| VII | 567 | |
| VIII | 684 Cl) | |
| Other species taken as by-catches of hake fishing | VI | 332 ’ |
| VII | 1 .134 | |
| VIII | 1 .368 | |
| Tuna | VI, VII, VIII | No limit |
| Ray's bream | Vllg), h), V* 10 | No Limit |
| Turret specie* | Sp>vie* finhed as by catches | Prrtnitti'l limits of by-catches |
| Hake | Cod Haddock Whiting Pollack Sai'he | The total by-catches of these species may not exceed 3 % by weight of the total catch on board |
| Cltiprid (ij'h N'jrw.ty lobster | The total by-catches of these species may not exceed 5 % by weight of the total catch on board | |
| Sole PI.I..C Herring | By-catches of these species may not be kept on board | |
| 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 |
| Type of fiahtiiji | ICES mb-•rc'* noil division* | Number of litem rt | Complete li't of vriselt |
| (a) Vessels conducting hake fishing | VI | 19 0 | _ |
| VII | 60 0 | — | |
| VIII | 510(2 | > - | |
| (b) Sardiners (seiners le ss 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 | — |
| • • -a ' . .tip*- ; | — | ||
| (s) Tuna fishing | VI. VII, | No limit | — |
| (f) vessels fishing for Rays'bream | viiHi, | No limi | |
| h)' j> k) |
(') 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: , ■
Coefficient
Horsepower
800 bhp or more, but less than I 000 blip 1 000 bhj or more, but not exceeding I 200 bhp Over I 200 bhp
Long-liners oihcr than those specified in ’ (c)
When applying these conversion factors to ‘paresis’ and trios the horsepower of the individual vessels' engines are to be totalled.
(2) the total number of long liners others than those referred to under c), authorized to fish in zone VIII shall be 15.
ANNEX H
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;
33. 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 he transmitted by the licensed vessel to the Commission of the European Communities at Brussels (telex address 24.18V 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 ;
4.13 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 pirt;
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.
43. 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 thr Member Statra of the Community, which is covried 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 ;
S..V tin quantity (ID kg) of each species caught since the previous transmission ;
L4 tin- ICES statistical square in which the catches were taken;
S3. tin 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 mc'saprs must be transmitted via a radio station on the list below:
| S<ime | Cull sign |
| Noitli foreland . | CNF |
| 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 |
| Matin Head | EJM |
| Boulogne | FFB |
| Brest | FFU |
| Saint-Nazaire | FFO |
| Bordeaux-Arcachon | FFC |
62. If for reasons of force majeurt 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.
63. 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 of message taking into account the different points mentioned in point 4,
— the geographical position and the ICES statistical square,
— the <|u.uillly (in kg) of r,u It 'pci irs of llsli m tin- holds using the cuilr given ill point A.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 trans
mission,
— the name, call sign, and, if applicable, the licence number of the vessel to which the transfer was made,
— the namp of the skipper. s
6.4. The code to be used to indicate the quantities of fish on board as mentioned in point 6.3
B. Hake (Merluccius merluccius)
C. Greenland halibut (Rcinhardtius hippoglossoides)
D. Cod (Gnclus morrhua)
E. Haddock (Melnnogrammu* aeglcfinus)
G. Mackerel (Scomber scombrus)
H. Horse-mackerel (Trachurus trachurus)
I. Round-nose grenadier (Coryphaenoidea rupestris)
J. Saithe (Pollachius virens)
K. Whiting (Merlangus merlangus)
L. Herring (Clupea harengus)
M. Sandeel (Ammodytes sp) *
O. Plaice (Pleuronectes platessa)
P. Norway pout (Trisoptcrus eamarkii)
Q. Ling (Molva molvu)
R. Other
S. Shrimp (Pandalidae) '
T. Anchovy (Engraulis encrassicholus)
U. Redfish (Sebastes sp) '
V. American Plaice (Hypoglossoides plateasoides) '
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 (Scyllorhinus retifer)
DD. Basking shark (Cetorhindae)
EE. Porbeagle (Lamma nasus)
FP. Squid loligo (Loligo vulgaris)
GG. Ray's bream (Brama brama) ’
HH. Sardine (Sardina pilchardus)
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