COMMISSION OF THE EUROPEAN COMMUNITIES 
COM(91) 492 final 
Brussels, 4 December 1991 
-nare 
Proposal for a 
COUNCIL REGULATION (EEC) 
laying down for 1992 certain measures for the 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 Guiana 
(presented by the Commission) 
EXPLANATORY hEMORANDUM 
The proposed regulation fixes the fishing arrangements for vessels of thirc 
countries in the fishing zone of the French Department of Guiana for the perio 
1 January 1992 to 31 December 199?. 
The proposal is based on principles already followed in the past, in particul» 
in Council Regulation (EEC) N" 3935/90 (i)f which established these arrangement 
for the period from 1 January 1991 to 31 December 199'1 . 
In"1991# quotas for shrimps for neighbouring ACP cojntries as well as 
Licences for fishing snappers and sharks., in Venezuela were issued. 
Takinn into account scientific advice on the state of stock evolution 
.'•••*# it is proposed 
that, for 1992,those amounts appearing in Annex I remain unchanged. 
(1) 03 N* L ?7 8. of 31 .12.19 90. p. 1 
Proposal for a 
COUNCIL REGULATION (EEC) No 
of 
laying down for 1992 certain measures for (he conservation and management of fishery 
resources applicable to vessels flying the flag of certain non-mcmbei countries in the 
200-nautical-mtle zone off ihc coast of the French depanment off Guiana 
TEH COUNCIL OF THE EUROPEAN COMMUNITIES. 
Having regard to ?he Treaty establishing the European 
Economic Community, 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 depanment: 
whereas therefore a number of those licences arc subject to 
changes on the basis of that scientific advice; 
Having regard to Council Regulation (EEC!) No 170/83 of 
25 January 1983 establishing a Community system for the 
conservation and management of fishery resources ('). and 
in particular Article 11 thereof, Wherea-j the technical and control measures applicable 
under Regulation (EEC) No 3935/90 should be 
maintained and, should this prove necessary, sup­
plemented, 
Having regard to the proposal from the Commission, 
HAS ADOIMEI) THIS REGULATION: 
Whereas under the terms of Article 2 of Regulation (EEC!) 
No 170/83 it is incumbent upon the Council to formulate, 
in the light of the available scientific advice the 
conservation measures necessary to achieve the aims set out 
•n Article 1 of that Regulation; 
Whereas, since 1977, the Community has operated a 
system of conservation and management of fishery 
resources applicable to vessels Hying the flag of certain 
non-member countries in the 2()0-nautical-mile-7one off the 
coast of the French department of Guiana most recently 
laid down by Council Regulation (EEC!) No 3935/9{j(')". 
whereas the latter Regulation expires on 31 December 
1991. Article I 
Vessels flying the flag of one of the countries listed in 
Annex I shall be authorized, during the period 1 January to 
31 December 1992 to fish for the species listed in the said 
Annex in the pan of the 200-nautical-milc fishing zone off 
the coast of the French department of Guiana that lies more 
than 12 nautical miles from the base lines, in conformity 
with the conditions laid down in this Regulation. 
Article 2 
Whereas the continuity of the system should be assured, in 
panicular 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 
depanment of Guinea depends on landings from vessels of 
non-member countries operating in the fishing zone off that 
depanment; 
Whereas therefore, it is necessary to ensure that those 
vessels which arc under contract to land their catches in the 
French department of Guinea can continue to fish; 
(') Ol No I 24>7. I IW: p. I. 
(-•, oj N» 1 37& du 31.12.1990 p.77 1. Fishing in ihc fishery zone referred to in Aniclc 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 tht 
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. 
1. Ihc registration letters and numbers of a vessel in 
possession of a licence must be clearly marked on both 
sides 01 the prow and on both sides of the superstructure at 
the most visible point. The letters and numbers must be 
painted in a colour thai contrasts with the colour of/the 
tiull or superstructure and must not be obliterated, altered, 
covered or masked m any other way. 
Art,Je i 
1. licences my be issued lor shrimp fishing to vessels 
which fly ihe flag of one of (he countries listed in point 1 of 
Annex I. The catch iju.iniiti'.s ainhoti/ed under such 
licences, the maximum number of licences and the 
maximum number of days at sea during which such 
licences are valid shall he as specified (or each country in 
point I of Annex I. 
2 The licences referred to in paragraph I shall be issued 
on the basis of a tishmg plan submitted by the authorities 
of the country concerned, approved by the Commission 
and not exceeding the limits for the country concerned 
spccilied in point 1 ol Annex 1. 
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. 
A. All licences rclcru'd to in paragraph I 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 I of 
Annex I for that country has been used up. 
Article 4 (c) external identification letters and numbers; 
(d) port of registration; 
(e) name .nul address of the owner or charterer; 
(f) gross tonnage and overall length; 
(g) engine power; 
(h) call sign and radio frequency; 
(i) intended method of fishing; 
(|) 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 
I. 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 Guiana 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. 
1. Licences m.i> be issued for the fishing of species other 
thar. shrimps to vesst Is flying the flag of one of the 
countries listed m point 2 ol Annex I. The maximum 
number ol such luenccs tor each country shall be as 
specified t.: point 2 ot 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 m the French department of Guiana. 
3. Shark fishing licences shall be granted r>b|ect to an 
undertaking by the owner of the vessel concerned to land 
50 "L ol the catches in the French department of Guiana. 
Article S 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 proiessing undertaking and with the objectives 
for the development of the Guianese economy. A copy cf 
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 
refusal and state their reasons for it to the party concerned 
and the Commission 
Article 7 
I icences may be cancelled with a view to issuing new 
licences. Such cancellation shall take effect on the d.ue of 
issuance ol the new licence by the Commission 
I . The following information shall accompany 
applications for liLeiu.s submitted to lie ( ouimission: 
'.i) name of the vessr 
ib) registration numb. • ; ArtieI" H 
1. Fishing for shrimps of the species Veruieus mhttli* and 
I'eri.iem hr.i\ilictf>n shall be forbidden in waters of a depth 
less than Nl metres During these fishing activities earned 
out by vessels using trawls, hy-.atches shall be permitted. 
2. Tuna lishmg shall be authou/ed only loi vessels using 
long lines. \. Before the ciul of each month, the Trench authorities 
shall send to the Commission all the declarations referred 
to in paragraph 2 relating to the preceding month. 
3. Snapper fishing shall be authorized only lor vessels 
using long lines or traps. 
A. Shark fishing shall be authorized 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 12 
The granting of licences to vessels from third countries 
shall be sublet to the undertaking by the owner of the 
vessel concerned to permit an observer to come on board at 
the Commission's request. 
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 li 
I. The Trench authorities shall take appropriate measures 
to ensure that the obligations set out in this Regulation are 
complied with, including the regular inspection of vessels. 
Article 10 
!. The master of each vessel ii: possession of a licence 
referred to in Articles 3 and 4 (}}, a-, concerns tuna fishing, 
shall observe the special conditions \rt out in Annex III, 
and in particular forward the uiformat.-on specifies in the 
Annex. These conditions shall form an in;-gral part of the 
licence. 
2. The master of each vessel in possession of a liceure as 
referred to in Article 4 (2) and (3) shall, on landing «he 
catch after each trip, submit to ihe Trench authorities a 
declaration, for whose accuiacy the master alone is 
responsible, stating the qualities 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. 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. 
Article H 
I. Licences for vessels which have not complied with the 
obligations provided lor in this Regulation, including the 
obligation to land all or pan of the catches laid down in a 
com;act as referred to in Article f> shall be withdrawn. 
No licrnc'" shall be issued to such vessels for a period of 
four to 12 ninths from ihe date <:n which the infringement 
was committee; 
Article JI 
I. The French authorities shall take all appropriate 
measures to verify the accuracy of the declarations referred 
to in Article 10 (?.), 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. Where a vessel fishe wit'.iout a valid licence in the 'one 
referred to in Article 1, and where that vessel belongs to a 
shipowner or is managed l»y 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. 
2 Ihe 1 rem h authorities shall ensure that all landings of 
shrimps in the Trench depa'tment of Guiana by vessels in 
possession of a licence as ref cried to m Article 4 (2) and ( \) 
shall be the suh|cct of a declaration as referred to in Article 
10(2). L Ihe granting of a lueiu" may be refused during the 
period referred lo in paragraph I to one or more vessels 
belonging to a shipowner who owns a vessel whose licence 
has been withdrawn under this Articl- or which has fished 
without a licence in the /one referred to in Article 1. 
Article M corresponding licences laid down in Annex I for the 
duration of the extension, without that total being 
If. tor a period of OIK month, the Commission receives no exceeded, 
communication as relrrred to in Article 12(1) concerning a 
vessel in possession ol a licence referred to in Articles 3 and 
4. the licence of such vessel shall be withdrawn. 
Article 16 Article 17 
This Regulation shall enter into force on 1 January 1992. The ;>enod of valuiitv of licences valid on 31 December 
1991 pursuant to Article I of Regulation (FTC) No 
-7Q-7t-/qr| may he extended, at the request of the authorities 
of The country concerned, until 31 January 1992 Licences 
thus extended shall be counted against the number of It shall apply until 31 December 1992. 
I his Regulation shall be binding in its entirety and directly applicable in all Member 
States. 
Done at Brussels, 
lor the Council 
The President 
ANNI X I 
I. Ineme\ referred to in A'tnlc I 
2. Licence» referred u> in Annie 4 Vcs»el\ llvu«i; 
the ll-i* ..1 
n.irb.uloN 
(iUI.ID.1 
Surin.imr 
1 nnul.ul .tritl ! <>b.ij;<i Qtuuiiiv <il juihon/rd 
IJUIK-N in tunnes 
24 
24 
p.m. 
M. 
1 Maximum number >>l 
veweU with a licence 
S 
S 
p.m. 
H Mix mum nuni|vc( ill 
Ja»» ... sr. 
1(H) 
2(1(1 
p.m. 
U(l 
*> penes 
(a) Tuna 
(b) Sn.ippers 
(c) Shark Ve\»eU flying 
the IIJK "' 
|j(.an 
Korea 
Venezuela 
Harhados 
Venezuela Mj»muini number 
• it liiencec 
p.m. 
p.m. 
s 
4 
•WW» V »» 
4\W» \ »»» 
Special conditions 
1. Vessels in possession of J licence reterrcd 10 m Articlrv \ and 4(1) { IhunnuUe) must communicaie information 10 
the Commission of the European Communities in Brussels (lelex 24IK1* EÏSEU-B) via the Trench authorities at ihc 
following limes: 
(a) on each entry into zones extending up to 2(H) nautical miles oil the COJSI of ihe Trench depanment of Guiana, 
hereinafter called 'ihe /one*; 
lb) whenever Ic.twng ihe zone. 
(c) whenever entering a port ol .1 Member State; 
(d* whenever leaving J port ol J Member State; 
'.i evcr\ week m respect >>( the previous week (ruin the dale ol entiv into che zone referred to in (J) or from the 
iljie ol leaving the poil referred 10 in id) 
2. Communications transirittcd m accordance with the conditions of (he licence at the times specified in I 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 ihe transmission lor ihe trio in question, 
— indication of which of ihc types transmission, as set out in paragraph 1, is involved, 
— date, 
— ume. 
— geographical position, 
— quantity ol each species caught during the fishing operation (in kilograms), 
— i|u.unity ot each species caught since the previous transmission of information (in kilograms), 
— the geographical coordinates of ihe position where the catches were made, 
— quantities <•! catches, by species, transferred 10 other vessels (in kilograms) since ihe previous information, 
— the name, call sign and. where applicable, licence number of ihe vessel to which the catch was transferred, 
— the master's name. 
\ I lie liil.owiiij'. t(»de must be used in reporting species caught in anordance with paragraph 2: 
I'l N: Hrown shrimp (fVnaeii/.ie); 
BOH: Ailani'.. \c.i hob shrimp (Xvf>htt[n-njeu\ Jrrowrni, 
TUN: luniiv; 
SK.H: Shark. 
XXX: Other 
4. In cases where, for reasons of (une mj/eure, the Communication cannot be transmitted by the vessel in possession 
ol a licence, the message may he transmitted by another vessel on behalf of the former. 
n 
A SSI V IV 
Deciararton purtuani l<> Article 10 (2) 
ISSN 0254-1475 
C0M(91) 492 final 
DOCUMENTS 
EN 
03 
Catalogue number : CB-CO-91.544-EN-. 
ISBN92-77-78069-X 
t-2985 Luxembourg ^** Coam^iti^