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
Date: 1992-12-02
Institutions: European Commission
Subjects: French Guiana, fishery management, fishery resources, fishing licence, third country

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  1 7 0 / 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 
should  be 
under  Regulation 
maintained  and, 
sup 
plemented, 

3 9 3 5 / 90 
this  prove  necessary, 

(EEC)  No 

should 

Having  regard  to  the  proposal  from  the  Commission, 

HAS ADOPTED  THIS  REGULATION: 

Whereas  under  the  terms  of  Article  2  of  Regulation  (EEC) 
No  1 7 0 / 83  it  is  incumbent  upon  the  Council  to  formulate, 
in 
the 
conservation  measures  necessary  to  achieve  the  aims  set  out 
in  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  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  3 8 9 2 / 91  (2); 
whereas  the  latter  Regulation  expires  on  31  December 
199  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; 

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

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; 

(')  OJ No  L 24^27.  1.  1983.  o.  1. 
(2)  OJ No  L36r\  31.  12.  199  I, p.  79 

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 

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 

(c)  external  identification  letter?  and  numbers; 

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. 

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 

!.  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. 

(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 

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. 

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. 

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 7 

Article S 

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 
applications  for  licences  submitted  to  the  Commission: 

information 

following 

shall 

accompany 

(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  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  each 

trip  via 

fishing 

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 

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  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. 

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  1 2 ( 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  16 

The  period  of  validity  of  licences  valid  on  31  December 
199  2  pursuant  to  Article  1  of  Regulation  (EEC)  No 
3 8 9 2 / 91  may  be extended,  at  the  request  of  the  authorities 
of  the  country  concerned,  until  31  January  1 9 93  Licences 
thus  extended  shall  be  counted  against  the  number  of 

corresponding 
duration  of 
exceeded. 

licences 

laid  down 

the  extension,  without 

in  Annex  I  for  the 
total  being 

that 

Article  17 

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 

Quantify of authorized 
catches in tonne* 

1 —  —  — 

Maximum number of 
vessels with a licence 

Maximum number of 
days at sea 

Barbados 

Guiana 

Surinam 

Trinidad  and  Tobago 

24 

24 

p.m. 

60 

5 

5 

p.m. 

8 

200 

200 

p.m. 

350 

2.  Licences referred to  in Article  4 

, 
* ^^ 

Vcsscli 
the flag of 

flying  Maximum number 

of licences 

(a)  Tuna 

(b; Snappers 

(c)  Shark 

Japan 
Korea 

Venezuela 
Barbados 

Venezuela 

p.m. 
p.m. 

41 
5 

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: 

Registration  No: 

Name of  agent: 

Voyage made from  the 

to the 

Port of  landing: 

Quantity  of  shrimps  landed  (in  live  weight) 

'Head-off  shrimps: 

kg 

or( 

x  1,6)  = 

kg (head-on  shrimps) 

'Head-on' shrimps: 

kg 

Thunnidae: 

Shark 

kg 

kg 

Snapper (Lutjanidae): 

Other 

kg 

kg 

ISSN 0254-1475 

COM(92)516final 

DOCUMENTS 

EN 

03 

Catalogue number : CB-CO-92-538-EN-C 

ISBN 92-77-50196-0 

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