Commission Regulation (EEC) No 3717/85 of 27 December 1985 laying down certain technical and control measures relating to the fishing activities in Spanish waters of vessels flying the flag of Portugal

1985R3717 — EN — 16.05.1986 — 001.001

This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents

Amended by:

COMMISSION REGULATION (EEC) No 3717/85

of 27 December 1985

laying down certain technical and control measures relating to the fishing activities in Spanish waters of vessels flying the flag of Portugal

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community,

Having regard to the Act of Accession of Spain and Portugal, and in particular Article 165 (7) thereof,

Whereas technical procedures must be established for the determination and supervision of the Portuguese vessels authorized to fish in Spanish waters;

Whereas the Act of Accession provides for a system of lists of authorized vessels and for a system of notifying vessels' movements and of notifying catches, in addition to the provisions laid down in Council Regulation (EEC) No 2057/82 of 29 June 1982, establishing certain control measures for fishing activities by vessels of Member States (1) as amended by Regulation (EEC) No 1729/83 (2);

Whereas the number of vessels authorized to fish for albacore tuna will be decided upon before 1 March 1986 in accordance with the procedure referred to in Article 165 (6) of the Act of Accession;

Whereas it is necessary to adopt certain technical measures for the conservation of resources which shall apply without prejudice to the measures laid down in Council Regulation (EEC) No 171/83 of 25 January 1983 laying down certain technical measures for the conservation of fishery resources (3), as last amended by Regulation (EEC) No 3625/84 (4);

Whereas pursuant to Article 2 (3) of the Treaty of Accession the institutions of the Community may adopt before accession the measures referred to in Article 165 of the Act, such measures entering into force subject to and on the date of the entry into force of that Treaty,

Whereas the Management Committee for Fishery Resources has not delivered an opinion within the time limit set by its chairman,

HAS ADOPTED THIS REGULATION:

Article 1

The technical and control measures hereinafter laid down shall apply to vessels flying the flag of Portugal in the waters falling under the sovereignty or jurisdiction of Spain which are covered by the International Council for the Exploration of the Sea (ICES) and that part covered by the Fishery Committee for the Eastern Central Atlantic (CECAF) which is subject to the common fisheries policy.

Article 2

• —vessels fishing for hake, other demersal species and horse mackerel to the north of the Rio Minho frontier,

• —vessels fishing for hake, other demersal species and horse mackerel to the east of the Rio Guadiana frontier,

• —vessels fishing for large migrants other than tuna (swordfish, blue shark, Ray's bream),

• —vessels fishing for albacore tuna.

• —name of the vessel,

• —registration number,

• —external identification letters and numbers,

• —port of registration,

• —name(s) and address(es) of the owner(s) or charterer(s) and, if the owner is a corporate body or a partnership, its representative(s),

• —gross tonnage and overall length,

• —engine power,

• —call sign and radio frequency.

Article 3

A separate list shall be forwarded for each of the categories of vessel specified in Article 2 (1).

The list of vessels fishing for large migrants other than tuna shall be forwarded at least 15 days before the date set for its entry into force; this list shall cover a period of at least two calendar months. The list of vessels fishing for albacore tuna shall be forwarded at least 15 days before the date set for its entry into force; this list shall cover a period running from the first to the 15th day of the month or from the 16th to the last day of the month.

• —name and regristration number of the vessel,

• —call sign,

• —name(s) and address(es) of the owner(s) or charterer(s) and, if the owner is a corporate body or a partnership, its representative(s),

• —conversion rate specified in Article 158 (2) of the Act of Accession and, in the case of vessels fishing for albacore tuna, conversion rate adopted by the Council in accordance with the procedure referred to in Article 165 (6) of the Act of Accession,

• —intended method of fishing,

• —intended area of fishing,

• —in the case of the vessels fishing for albacore tuna and other large, migrants, the period for which permission to fish is requested.

• —before 12.00 GMT on the following Friday, except in the case of the list of vessels fishing for large migrants other than tuna and the list of vessels fishing for albacore tuna;

• —at least four working days before the date set for their entry into force, in the case of the list of vessels fishing for large migrants other than tuna and the list of vessels fishing for albacore tuna.

Any vessel replaced or added must appear on the list referred to in Article 2.

Requests for replacements or additions shall be sent by telex to the Commission and a copy shall be sent to the Spanish control authorities.

The Commission shall, without delay, notify any alterations of the periodic lists to the Portuguese authorities and to the Spanish control authorities.

No replacement vessel or additional vessel may be authorized to fish until the date indicated on the Commission in its notification.

Article 4

A vessel may appear on more than one basic list. A vessel may appear on only one periodic list.

Article 5

Article 6

The skippers or, as necessary, the owners of vessels authorized to fish must comply with the special conditions laid down in the Annex. The Commission shall amend, upon receipt of a proposal from the Member State concerned, the details concerning the competent control authorities as mentioned in point 7 of the Annex.

Article 7

Without prejudice to Regulation (EEC) No 171/83 and with the exception of vessels fishing for hake, other demersal species and horse mackerel, the following technical measures shall apply to vessels flying the flag of Portugal:

• (a)the use of gill nets shall be prohibited;

• (b)vessels shall keep on board no fishing gear other than that necessary for the type of fishing for which they are authorized;

• (c)each longliner shall cast not more than two longlines per day; the maximum length of each of these longlines shall be 20 nautical miles; the distance between snoods shall be not less than 2,70 m;

• (d)vessels fishing for Ray's bream may keep on board no fishing gear other than surface longlines.

Article 8

The Portuguese authorities shall notify the Commission, before the 15th day of each month, of the quantities caught by each vessel fishing for albacore tuna and the quantities landed by such vessels at each port during the preceding month.

The Portuguese authorities shall communicate to the national control authorities specified in point 7 of the Annex, at least 24 hours before vessels enter the 200-nautical-mile zone off the coast of Spain, the information received in accordance with point 8.1 of the Annex and within 24 hours of the return of the vessel to the port from which it operates, the information in accordance with point 8.2 of the Annex.

Article 9

This Regulation shall enter into force on 1 January 1986 subject to the entry into force of the Treaty of Accession of Spain and Portugal.

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

ANNEX

SPECIAL CONDITIONS TO BE COMPLIED WITH BY PORTUGUESE VESSELS AUTHORIZED TO FISH IN SPANISH WATERS

A. Conditions to be complied with by all vessels

B. Additional conditions to be complied with by all vessels except those fishing for large migrants other than tuna

8.

Vessels of less than 20 GRT not having a radio on board which are authorized to fish for albacore tuna shall comunicate the following information to the control authorities in Portugal:

• 8.1.before the vessel leaves the port from which it operates, and at least 24 hours before the vessel enters the 200-nautical-mile zone off the coast of Spain; 8.1.1.the dates scheduled for entering and leaving the 200-nautical-mile zone off the coast of Spain; 8.1.2.the ICES and CECAF statistical square in which fishing is to take place; 8.1.3.the dates scheduled for entering and leaving a Spanish port; 8.1.4.the date scheduled for the vessel's return to the port from which it operates;

• 8.2.in the 24 hours following the vessel's return to the port from which it operates; 8.2.1.the catches taken, broken down by ICES or CECAF statistical square.

(1) OJ No L 220, 29. 7. 1982, p. 2.

(2) OJ No L 169, 28. 7. 1983, p. 14.

(3) OJ No L 24, 27. 1. 1983, p. 14.

(4) OJ No L 335, 22. 12. 1984, p. 3.

(5) This list does not imply all the species referred to are allowed to be retained on board or landed.