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
Date: 1991-12-04
Institutions: European Commission
Subjects: French Guiana, fishery management, fishery resources, fishing licence, third country

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 

that, for 1992,those amounts appearing  in Annex I remain unchanged. 

.'•••*# it is proposed 

(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 

T EH  COUNCIL  OF  THE  EUROPEAN  C O M M U N I T I E S. 

Having  regard  to  ?he  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  depanment: 
whereas  therefore  a  number  of  those  licences  arc  subject  to 
changes  on  the  basis  of  that  scientific  advice; 

Wherea-j  the  technical  and  control  measures  applicable 
should  be 
under  Regulation 
maintained  and, 
sup 
plemented, 

this  prove  necessary, 

(EEC)  No  3 9 3 5 / 90 

should 

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 
conservation  measures  necessary  to  achieve  the  aims  set  out 
•n  Article  1  of  that  Regulation; 

scientific  advice 

the  available 

light  of 

the 

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. 

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 
in  the  French 
depanment  of  Guinea  depends  on  landings  from  vessels  of 
non-member  countries  operating  in  the  fishing  zone  off  that 
depanment; 

industry  based 

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  2 4 > 7.  I  IW:  p.  I. 
(-•, oj  N» 1  37& du  31.12.1990  p.77 

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 

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. 

Ihc  registration 

1. 
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 

(c)  external  identification  letters  and  numbers; 

I.  The  catch 

licences  my  be  issued 

1. 
lor  shrimp  fishing  to  vessels 
which  fly  ihe  flag  of  one  of  (he countries  listed  in  point  1 of 
iju.iniiti'.s  ainhoti/ed  under  such 
Annex 
licences, 
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. 

the  maximum  number  of 

licences  and 

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 
the  fishing  period 
provided  for  in  the  fishing  plan  on  the  basis  of  which  the 
licence  was  issued. 

limited 

to 

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 

to  vesst  Is  flying 

1.  Licences  m.i>  be  issued  for  the  fishing  of  species  other 
thar.  shrimps 
the 
countries  listed  m  point  2  ol  Annex  I.  The  maximum 
number  ol  such 
tor  each  country  shall  be  as 
specified  t.:  point  2  ot  Annex  I. 

the  flag  of  one  of 

luenccs 

(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. 

referred 

is  consistent  both  with 

in  paragraph  1  must  be 
to 
2.  The  contract 
endorsed  by  the  French  authorities,  which  shall  ensure  that 
it 
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. 

the  actual  capacity  of 

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 

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 
applications  for  liLeiu.s  submitted  to 

information 

following 

shall 
lie  (  ouimission: 

accompany 

ArtieI"  H 

'.i)  name  of  the  vessr 

ib)  registration  numb.  • ; 

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 
in  waters  of  a  depth  less  than 
and  shall  be  forbidden 
30  metres. 

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  12 

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  French 
the 
authorities. 

last  day  of 

trip  via 

fishing 

each 

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 
is 
declaration, 
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. 

for  whose  accuiacy 

the  master  alone 

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. 

later  than  30  days  from 

2.  Where  an  infringement 
is  formally  ascertained,  the 
French  authorities  shall,  without  delay,  and  in  any  event 
not 
the 
infringement  was  ascertained,  inform  the  Commission  of 
the  name  of  the  vessel  concerned  and  of  any  action  they 
may  have  taken. 

the  date  on  which 

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 n i n t hs  from  ihe  date  <:n which  the  infringement 
was  committee; 

Article  JI 

take  all  appropriate 
I.  The  French  authorities  shall 
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 

If.  tor  a  period  of  OIK  month,  the  Commission  receives  no 
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. 

corresponding 
duration  of 
exceeded, 

licences 

laid  down 

the  extension,  without 

in  Annex 
that 

I  for 

the 
total  being 

Article  16 

Article  17 

The  ;>enod  of  valuiitv  of  licences  valid  on  31  December 
I  of  Regulation  (FTC)  No 
1991  pursuant 
-7Q-7t-/qr| may  he  extended,  at  the  request  of  the  authorities 
of The  country  concerned,  until  31  January  1992  Licences 
the  number  of 
thus  extended  shall  be  counted  against 

to  Article 

This  Regulation  shall  enter  into  force  on  1 January  1992. 

It  shall  apply  until  31  December  1 9 9 2. 

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. 

I n e m e\  referred  to  in  A ' t n lc 

I 

Vcs»el\  llvu«i; 

the  l l - i*  ..1 

Q t u u i i iv  <il  j u i h o n / rd 

M a x i m um  number  >>l 

M ix  m um  nuni|vc(  ill 

I J U I K -N  in  tunnes 

v e w eU  w i th  a  licence 

Ja»»  ...  sr. 

n . i r b . u l oN 

( i U I . I D .1 

S u r i n . i mr 

1 n n u l . ul  .tritl  ! <>b.ij;<i 

24 

24 

p . m. 

M. 

1 

S 

S 

p . m. 

H 

1(H) 

2(1(1 

p . m. 

U (l 

2.  Licence»  referred  u>  in  A n n ie  4 

*> penes 

Ve\»eU  flying 

the  IIJK  "' 

Mj»muini  number 
• it  liiencec 

(a)  Tuna 

(b)  Sn.ippers 

(c)  Shark 

|j(.an 
Korea 

Venezuela 

Harhados 

Venezuela 

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, 
luniiv; 
TUN: 
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 

03 

EN 

Catalogue number : CB-CO-91.544-EN-. 

ISBN92-77-78069-X 

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