COMMISSION OF THE EUROPEAN COMMUNITIES 
COM(92) 516 final 
Brussels, 2 December 1992 
Proposal for a 
COUNCIL REGULATION (EEC) 
laying down, for 1993, 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 MEMORANDUM 
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 1993 to 31 
December 1993. 
The proposal is based on principles already followed in the 
past, in particular in Council Regulation (EEC) N° 3892/91 
(1), which established these arrangement for the period from 
1 January 1992 to 31 December 1992. 
In 1992, quotas for shrimps for neighbouring ACP countries as 
well as licences for fishing snappers and sharks in Venezuela 
were issued. 
Taking into account scientific advice on the state of stock 
evolution, it is proposed that, for 1993, those amounts 
appearing in Annex I remain unchanged. 
(1) OJ N ° L 367, 31.12 1991 
PROPOSAL FOR A 
COUNCIL REGULATION (EEC) No 
of 
laying down for 199 3 certain measures for the conservation and management of fishery 
resources applicable to vessels flying the flag of certain non-member countries in the 
200-nauticaI-milc zone off the coast of the French department of Guiana 
TEH COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European 
Economic Community, 
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. 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 therefore a number of those licences are subject to 
changes on the basis of that scientific advice; 
Whereas 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 ADOPTED 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 
in Article 1 of that Regulation; 
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-rnile-zonc off the 
coast of the French department of Guiana most recently 
laid down by Council Regulation (EEC) No 3892/91 (2); 
whereas the latter Regulation expires on 31 December 
199 2 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 199 3 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 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 
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; 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. 
Whereas the processing industry based in the French 
department of Guinea 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 arc under contract to land their catches in the 
French department of Guinea can continue to fish; 
(') OJ No L 24^27. 1. 1983. o. 1. 
(2) OJ No L36r\ 31. 12. 199 I, p. 79 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 
î. Licences my be issued for shrimp fishing to vessels 
which fly the flag of on? of the countries listed in point 1 of 
Annex I. The catch quantities ^-»Kori'»J nder such 
licences, the maximum number ol licences and the 
maximum number of days at sea during which such 
licences arc valid shall be as specified for each country in 
point Î of Annex I. 
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 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. (c) external identification letter? and numbers; 
(d) port of registration; 
(e) name and 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; 
(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 
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 ! for that country has been used up. 
Article 4 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 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. 
!. 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 Guiana. 
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 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 processing undertaking and with the objectives 
for the development of the Guianese 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 
refusal 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. 
1. The following information shall accompany 
applications for licences submitted to the Commission: 
(a) name of the vessel; 
(b) registration number; 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 authorized only for vessels using 
long lines. 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. Snapper fishing shall be authorized only for vessels 
using long lines or traps. 
4. 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 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 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 13 
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. 
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 quanties 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 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 14 
1. Licences for vessels which have not 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. 
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. 
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. 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 othtr 
vessels to which licences have been issued, one of those 
licences may be withdrawn. 
2. The French authorities shall ensure that all landings of 
shrimps in the French department of Guiana by vessels in 
possession of a licence as referred to in Article 4 (2) and (3) 
shall be the subject of a declaration as referred to in Article 
10(2). 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 IS 
If, for a period of one month, the Commission receives no 
communication as referred to in Article 12(1) concerning a 
vessel in possession of a licence referred to in Articles 3 and 
4, the licence of such vessel shall be withdrawn. corresponding licences laid down in Annex I for the 
duration of the extension, without that total being 
exceeded. 
Article 16 Article 17 
The period of validity of licences valid on 31 December 
199 2 pursuant to Article 1 of Regulation (EEC) No 
3892/91 may be extended, at the request of the authorities 
of the country concerned, until 31 January 1993 Licences 
thus extended shall be counted against the number of This Regulation shall enter into force on 1 January 1993. 
It shall apply until 31 December 1993. 
This Regulation shall be binding in its entirety and directly applicable in all Member 
States. 
Done at Brussels, 
For the Council 
The President 
ANNEX 1 
1. Licence* referred to in Ankle 3 
Vessels flying 
the flag of 
Barbados 
Guiana 
Surinam 
Trinidad and Tobago Quantify of authorized 
catches in tonne* 
24 
24 
p.m. 
60 1 — — — 
Maximum number of 
vessels with a licence 
5 
5 
p.m. 
8 Maximum number of 
days at sea 
200 
200 
p.m. 
350 
2. Licences referred to in Article 4 
, Vcsscli flying Maximum number 
*^^ the flag of of licences 
(a) Tuna Japan p.m. 
Korea p.m. 
(b; Snappers Venezuela 41 
Barbados 5 
(c) Shark Venezuela 4 
/ANNEX // 
ANNEX 111 
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 Comniui. «ries 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 Guiana, 
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 coordinates 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: Brown shrimp (Penaeidae); 
BOB: Atlantic sea bob shrimp (Xyphopenaeus kroyerii); 
TUN: Tunny; 
SKH: Shark; 
XXX: Other. 
4. 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. 
yfc 
ANNEX IV 
Dcdaraboo pursuant to Article 10 (2) 
Name of vessel: 
Name of master: 
Master's signature: 
Voyage made from the Registration No: 
Name of agent: 
to the 
Port of landing: 
'Head-off shrimps: 
'Head-on' shrimps: 
Thunnidae: 
Shark Quantity of shrimps landed (in live weight) 
or( x 1,6) = 
kg 
kg Snapper (Lutjanidae): 
Other kg 
kg (head-on shrimps) 
kg 
kg 
kg 
ISSN 0254-1475 
COM(92)516final 
DOCUMENTS 
EN 03 
Catalogue number : CB-CO-92-538-EN-C 
ISBN 92-77-50196-0 
Office for Official Publications of the European Communities 
L-2985 Luxembourg