COMMISSION OF THE EUROPEAN COMMUNITIES 
Brussels, 12.12.1997 
COM(97) 700 final 
Proposal for a 
COUNCIL REGULATION (EC) 
laying down for 1998 certain measures for the conservation and management of fishery 
resources applicable in vessels flying the flag of certain non-member countries in the 200-
nautical-mile zone off the coast of the French department of Guyana 
(presented by the Commission) 

EXPLANATORY MEMORANDUM 
1. The proposed regulation fixes the fishing arrangements for vessels of third countries in the 
fishing zone of the French Department of Guiana for the period 1 January 1998 to 
31 December 1998. 
2. The proposal is based on principles already followed in the past, in particular in Council 
Regulation (EC) n° 405/971 which established these arrangement for the period from 
1 January 1997 to 31 December 1997. 
3. Taking into account scientific advice on the state of stock evolution, it is proposed that, for 
1998, the quotas and licences foreseen for 1997 remain unchanged. 
O.J. L 066, 06.03.1997 
JL 
PROPOSAL FOR A 
COUNCIL REGULATION (EC) N° 
of 
laying down for 1998 certain measures for the conservation and management of fishery 
resources applicable in vessels flying the flag of certain non-member countries in the 
200-nautical-mile zone off the coast of the French department of Guyana 
THE COUNCIL OF THE EUROPEAN UNION, 
Having regard to the Treaty establishing the 
European Community, 
Having regard to Council Regulation (EEC) No 
3760/92 of 20 December 1992 establishing a 
Community system for fisheries and aquaculture0 \ 
and in particular Article 8, paragraph 4, 
Having regard to the proposal from the 
Commission, 
Whereas, in accordance with Article 8 of 
Regulation (EEC) No 3760/92, the Council 
determines for each fishery or group of fisheries on 
a case-by-case basis, the total allowable catch 
and/or the total allowable fishing effort in order to 
ensure a rational and responsible exploitation on a 
durable basis, 
Whereas, since 1977, the Community has operated 
a system of conservation and management of 
fishery resources applicable to vessels flying the 
flag of certain non-member countries in the 200-
nautical-mile-zone off the coast of the French 
department of Guyana most recently laid down by 
Council Regulation (EC) No 405/97 of 20 
December 1996(2); whereas the latter Regulation 
expires on 31 December 1997, Whereas the continuity of the system should be 
assured, in particular by maintaining the 
restriction on some fish stocks in the zone in order 
to conserve the stock and ensure adequate 
profitability for the fishermen concerned; 
Whereas the processing industry based in the 
French department of Guyana depends on landings 
from vessels of non-member countries operating in 
the fishing zone off that department; 
Whereas therefore, it is necessary to ensure that 
those vessels which are under contract to land their 
catches in the French department of Guyana can 
continue to fish; 
Whereas shrimp fishing licences calculated on the 
basis of scientific advice have been issued to non-
member countries whose vessels fish in the zone of 
the said department; 
Whereas the fishing activities covered by this 
Regulation are subject to the control measures 
provided for by Council Regulation (EEC) No 
2847/93 of 12 October 1993 establishing a control 
system applicable to the common fisheries 
policy(3); 
(1) OJ n°L 389,31.12.1992, p. 1 
(2) OJ n° L 066,06.03.1997, p. 112 
(3) OJ n°L 261, 20.10.1993, p. 1 
S 
HAS ADOPTED THIS REGULATION: 
Article 1 
Vessels flying'the flag of one of the countries listed 
in Annex I shall be authorised, during the period 
1 January to 31 December 1998 to fish for the 
species listed in the said Annex in the part of the 
200-nautical-mile fishing zone off the coast of the 
French department of Guyana that lies more than 
12 nautical miles from the base lines, in 
conformity with the conditions laid down in this 
Regulation. 2. The licences referred to in paragraph-1 shall be 
issued on the basis of a fishing plan submitted by 
the authorities of the country concerned, approved 
by the Commission and not exceeding the limits 
for the country concerned specified in point 1 of 
Annex I. 
3. The period of validity of each of the licences 
referred to in paragraph 1 shall be limited to the 
fishing period provided for in the fishing plan on 
the basis of which the licence was issued. 
4. All licences referred to in paragraph 1 issued to 
vessels of a non-member country shall cease to be 
valid as soon as it is established that the quota laid 
down in point 1 of Annex I for that country has 
been used up. 
Article 2 Article 4 
1. Fishing in the fishery zone referred to in 
Article 1 shall be subject to the possession on 
board of a licence, issued by the Commission on 
behalf of the Community, and to the observance of 
the conditions set out in that licence and the 
control measures and other provisions regulating 
fishing activities in that zone. 
2. Applications for licences shall be submitted by 
the authorities of the non-member countries 
concerned to the Commission's services at least 15 
working days before the desired date of 
commencement of validity. Licences will be 
issued to the authorities of the third countries 
concerned. 
3. The registration letters and numbers of a vessel 
in possession of a licence must be clearly marked 
on both sides of the prow and on both sides of the 
superstructure at the most visible point. The 
letters and numbers must be painted in a colour 
that contrasts with the colour of the hull or 
superstructure and must not be obliterated, altered, 
covered or masked in any other way. 
Article 3 
1. Licences may be issued for shrimp fishing to 
vessels which fly the flag of one of the countries 
listed in point 1 of Annex I. The catch quantities 
authorised under such licences, the maximum 
number of licences and the maximum number of 
days at sea during which such licences are valid 
shall be as specified for each country in point 1 of 
Annex I. 1. Licences may be issued for the fishing of species 
other than shrimps to vessels flying the flag of one 
of the countries listed in point 2 of Annex I. The 
maximum number of such licences for each 
country shall be as specified in point 2 of Annex I. 
2. Snapper fishing licences shall be granted subject 
to an undertaking by the owner of the vessel 
concerned to land 75% of the catches in the 
French department of Guyana. 
3. Shark fishing licences shall be granted subject 
to an undertaking by the owner of the vessel 
concerned to land 50% of the catches in the 
French department of Guyana. 
Article 5 
1. The following information shall accompany 
applications for licences submitted to the 
Commission : 
a) name of the vessel; 
b) registration number; 
c) external identification letters and 
numbers; 
d) port of registration; 
e) name and address of the owner or 
charterer; 
f) gross tonnage and overall length; 
U 
g) engine power; 
h) call sign and radio frequency; 
i) intended method of fishing; 
j) species intended to be fished; 
k) period for which a licence is requested. 
2. Each licence shall be valid for one vessel only. 
Where several vessels are taking part in the same 
fishing operation, each vessel must be in 
possession of a licence. 
Article 6 
1. To obtain a fishing licence for snapper or shark, 
as referred to in Article 4, proof must be produced, 
in respect of each of the vessels concerned, that a 
valid contract exists between the shipowner 
applying for the licence and a processing 
undertaking situated in the French department of 
Guyana and that it includes an obligation to land 
at least 75% of all snapper catches, or 50% of all 
shark catches from the vessel concerned in that 
department so that they may be processed in that 
undertaking's plant. 
2. The contract referred to in paragraph 1 must be 
endorsed by the French authorities, which shall 
ensure that it is consistent both with the actual 
capacity of the contracting processing undertaking 
and with the objectives for the development of the 
Guyanese economy. A copy of the duly endorsed 
contract shall be appended to the licence 
application. 
3. Where the endorsement referred to in 
paragraph 2 is refused, the French authorities shall 
give notification of this reusal and state their 
reasons for it to the party concerned and the 
Commission. 
Article 7 
Licences may be cancelled with a view to issuing 
new licences. Such cancellation shall take effect 
on the date of issuance of the new licence by the 
Commission. 
Article 8 
1. Fishing for shrimps of the species Penaeus 
subtilis and Penaeus brasiliensis shall be 
forbidden in waters of a depth less than 30 metres. During these fishing activities carried out by 
vessels using trawls, by-catches shall be permitted. 
2. Tuna fishing shall be authorised only for vessels 
using long lines. 
3. Snapper fishing shall be authorised only for 
vessels using long lines or traps. 
4. Shark fishing shall be authorised only for 
vessels using long lines or mesh nets having a 
minimum mesh of 100 mm and shall be forbidden 
in waters of a depth less than 30 metres. 
Article 9 
A log-book, a model of which appears in Annex II, 
shall be completed after each fishing operation. A 
copy of this .log-book shall be sent to the 
Commission within 30 days of the last day of each 
fishing trip via the French authorities. 
Article 10 
1. The master of each vessel in possession of a 
licence referred to in Articles 3 and 4 (1), as 
concerns tuna fishing, shall observe the special 
conditions set out in Annex III, and in particular 
forward the information specifies in the Annex. 
These conditions shall form an integral part of the 
licence. 
2. The master of each vessel in possession of a 
licence as referred to in Article 4 (2) and (3) shall, 
on landing the catch after each trip, submit to the 
French authorities a declaration, for whose 
accuracy the master alone is responsible, stating 
the quantities of shrimp caught and kept on board 
since the last declaration. This declaration shall 
be made using the form of which a model appears 
in Annex IV. 
Article 11 
1. The French authorities shall take all appropriate 
measures to verify the accuracy of the declarations 
referred to in Article 10 (2), by checking them in 
particular against the log-book referred to in 
Article 9. The declaration shall be signed by the 
competent official after it has been verified. 
2. The French authorities shall ensure that all 
landings of shrimps in the French department of 
Guyana by vessels in possession of a licence as 
referred to in Article 4 (2) and (3) shall be the 
5" 
subject of a declaration as referred to in 
Article 10 (2). 
3. Before the end of each month, the French 
authorities shall send to the Commission all the 
declarations referred to in paragraph 2 relating to 
the preceding month. 3. The granting of a licence may be refused during 
the period referred to in paragraph 1 to one or 
more vessels belonging to a shipowner who owns a 
vessel whose licence has been withdrawn under 
this Article or which has fished without a licence 
in the zone referred to in Article 1. 
Article 12 
1. The granting of licences to vessels from third 
countries shall be subject to the undertaking by the 
owner of the vessel concerned to permit an 
observer to come on board at the Commission's 
request. Article 15 
If, for a period of one month, the Commission 
receives no communication as referred to in 
Article 10 paragraph 1 concerning a vessel in 
possession of a licence referred to in Articles 3 and 
4, the licence of such vessel shall be withdrawn. 
Article 13 Article 16 
1. The French authorities shall take appropriate 
measures to ensure that the obligations set out in 
this Regulation are complied with, including the 
regular inspection of vessels. 
2. Where an infringement is formally ascertained, 
the French authorities shall, without delay, and in 
any event not later than 30 days from the date on 
which the infringement was ascertained, inform 
the Commission of the name of the vessel 
concerned and of any action they may have taken. The period of validity of licences valid on 
31 December 1997 pursuant to Article 1 of 
Regulation (EC) No 405/97 may be extended, at 
the request of the authorities of the country 
concerned, until 31 January 1998. Licences thus 
extended shall be counted against the number of 
corresponding licences laid down in Annex I for 
the duration of the extension, without that total 
being exceeded. 
Article 17. 
Article 14 
1. Licences for vessels which have note complied 
with the obligations provided for in this 
Regulation, including the obligation to land all or 
part of the catches laid down in a contract as 
referred to in Article 6 shall be withdrawn. This Regulation shall enter into force on the day of 
its publication in the Official Journal of the 
European Communities. 
It shall apply from 1 January to 31 December 
1998. 
No licence shall be issued to such vessels for a 
period of four to 12 months from the date on 
which the infringement was committed. 
2. Where a vessel fishes without a valid licence in 
the zone referred to in Article 1, and where that 
vessel belongs to a shipowner or is managed by a 
natural or legal person who has or exercises the 
management of one or more other vessels to which 
licences have been issued, one of those licences 
may be withdrawn. This Regulation shall be binding in its entirety and 
directly applicable in all Member States. 
Done at Brussels, 
For the Council 
The President 
é 
ANNEXE I 
1. Licences referred to in Article 3 
Vessels flying the flag of 
Barbados 
Guyana 
Surinam 
Trinidad and Tobago Quantity of authorized 
catches in tonnes 
24 
24 
p.m. 
60 Maximum number of 
vessels with a licence 
5 
5 
p.m. 
8 Maximum number of 
days at sea 
200 
200 
p.m. 
350 
Licences referred to in Article 4 
Species Vessels flying the flag of Maximum number of licences 
(a) Tuna Japan p.m. 
Korea p.m. 
(b) Snappers Venezuela 41 
Barbados 5 
c) Shark Venezuela 4 
0-
ANNEX II 
FICHE DE PÊCHE 
D 
D 
D 
D 
D 
D 
D 
D N 
N 
N 
N 
N 
N 
N 
N 
N 
N 
N 
N 
Y 
ANNEX11I 
Special conditions 
1. Vessels in possession of a licence referred to in Articles 3 and 4 (1) {Thunnidae) must communicate 
information to the Commission of the European Communities in Brussels (telex 24189 FISEU-B) via 
the French authorities at the following times: 
(a) on each entry into zones extending up to 200 nautical miles off the coast of the French 
department of Guyana, hereinafter called 'the zone'; 
(b) whenever leaving the zone; 
(c) whenever entering a port of a Member State; 
(d) whenever leaving a port of a Member State; 
(e) every week in respect of the previous week from the date of entry into the zone referred to in 
(a) or from the date of leaving the port referred to in (d); 
2. Communications transmitted in accordance with the conditions of the licence at the times specified in 
1 above should include the following particulars, where appropriate and should be transmitted in the 
following order: 
name of vessel, 
radio call sign, 
licence number, 
chronological number of the transmission for the trip in question, 
indication of which of the types of transmission, as set out in paragraph 1, is involved, 
date, 
time, 
geographical position, 
quantity of each species caught during the fishing operation (in kilograms), 
quantity of each species caught since the previous transmission of information (in 
kilograms), 
the geographical co-ordinates of the position where the catches were made, 
quantities of catches, by species, transferred to other vessels (in kilograms) since the previous 
information, 
the name, call sign and, where applicable, licence number of the vessel to which the catch 
was transferred, 
the master's name. 
3. The following code must be used in reporting species caught in accordance with paragraph 2 : 
PEN 
BOB 
TUN 
SKH Brown shrimp (Penaeidae); 
Atlantic sea bob shrimp (Xyphopenaeus kroyerii); 
Tunny; 
Shark; 
XXX: Other. 
In cases where, for reasons of force majeure, the communication cannot be transmitted by the vessel 
in possession of a licence, the message may be transmitted by another vessel on behalf of the former. 
? 
ANNEX IV 
Declaration pursuant to Article 10 (2) 
LANDING DECLARATION 0) 
Name of vessel: 
Name of master: 
Master's signature: 
Voyage made from the to the Registration No: 
Name of agent : 
Port of landing: 
Quantity of shrimps landed (in live-weight) 
'Head-off shrimps: 
or ( x 1,6) kg 
kg (head-on shrimps) 
'Head-on' shrimps: kg 
Thunnidae: kg Snapper (Lutjanidae): kg 
Shark: kg Other: kg 
0) One copy is kept by the master, one copy is kept by the control officer, and one copy is to be sent to 
the Commission of the European Communities. 
/o 
ISSN 0254-1475 
COM(97) 700 final 
DOCUMENTS 
EN 03 11 
Catalogue number : CB-CO-97-719-EN-C 
ISBN 92-78-29193-5 
Office for Official Publications of the European Communities 
L-2985 Luxembourg 
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