Proposal for a COUNCIL REGULATION (EC) laying down for 1995 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
Date: 1994-11-10
Institutions: European Commission
Subjects: French Guiana, conservation of fish stocks, fishery management, fishery resources, fishing licence, third country

COMMISSION  OF THE EUROPEAN  COMMUNITIES 

C0M(94)  479 
B r u s s e l s,  10.11.1994 

f i n al 

Proposal 

for  a 

COUNCIL  REGULATION  (EC) 

laying down for  1995  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. 

2. 

3. 

4. 

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  1995 
to 31 December  1995. 

The  proposal  is  based  on  principles  already  followed  in  the  past,  in  particular  in 
Council  Regulation  (EEC) n°  3681/931, which  established  these  arrangement  for  the 
period from  1 January  1994 to 31 December  1994. 

In  1994, 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  1995, the quotas and licences foreseen  for  1994 remain  unchanged. 

1 

OJN°  341, 31.12.1993 

-

\-

PROPOSAL FOR A 

COUNCIL REGULATION (EC) N° 

of 

laying down for  1995 certain measures for the conservation and management of  fishery 
resomoes applicabel in vessels flying the flag of certain non-member countries in the 
200-nautical-mile zone off the coast of the French department of Guiana 

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 aquaculture(1), 
and in particular Article 8, paragraph 4, 

Having  regard 
Commission, 

to 

the  proposal 

from 

the 

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  Guiana most recently laid down by 
Council Regulation (EEC) No 3681/93®; whereas 
the latter Regulation expires on 31 December 1994, 

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 Guiana depends on landings 
from vessels of non-member countries operating in 
the fishing zone off mat department; 

Whereas  therefore,  it  is  necessary  to  ensure  that 
those vessels which are under contract to land their 
catches  in  the  French  department  of  Guiana  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 therefore a number of 
those licences are subject to changes on the basis of 
that scientific advice; 

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 policy0*; 

(1) 
(2) 
(3) 

OJ n* L 389, 31.12.1992, p. 1 
OJ n°  L 341, 31.12.1993, p. 53 
OJ n° L 261, 20.10.1993, p. 1 

— 2 

HAS ADOPTED THIS REGULATION: 

Annex I. 

Article 1 

Vessels flying the flag of one of the countries listed 
in Annex I shall  be authorized,  during  the period 
1 January  to  31  December  1995  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 visble point.  The letters 
and  numbers  must  be  painted  in  a  colour  that 
contrasts  with 
the  hull  or 
the  colour  of 
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 
authorized  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. 

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 

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 4 

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 
the 
Commission : 

submitted 

licences 

for 

to 

a) 

b) 

c) 

d) 

e) 

f) 

g) 

h) 

i) 

name of the vessel; 

registration number; 

external identification letters and numbers; 

port of registration; 

name  and  address  of  the  owner  or 
charterer; 

gross tonnage and overall length; 

engine power; 

call sign and radio frequency; 

intended method of  fishing; 

-\ 

species intended to be  fished; 

vessels using long lines or traps. 

j) 

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 

for 

the 

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 
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  mat 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  mat  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 
licence 
application. 

the 

to 

the  endorsement  referred 

3.  Where 
in 
paragraph 2 is refused, the French authorities shall 
give  notification  of  mis  reusal  and  state  their 
reasons  for  it  to  the  party  concerned  and  the 
Commission. 

to 

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. 

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  mis  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  masster 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 
in 
subject  of  a  declaration  as  referred  to 
Article  10 (2). 

2.  Tuna fishing shall be authorized only for vessels 
using long lines. 

3.  Snapper  fishing  shall  be  authorized  only  for 

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. 

U-

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. 

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  13 

Article  15 

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 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. 

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. 

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 16 

The  period  of  validity  of 
licences  valid  on 
31 December  1994  pursuant  to  Article  1  of 
Regulation (EEC) No 3681/93 may be extended, at 
the  request  of  the  authorities  of  the  country 
concerned,  until  31 January  1995.  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 

This Regulation shall enter into force on 1  January 
1995. 

It shall apply until  31  December  1995. 

This Regulation shall be binding in its entirety and directly applicable in all Member States. 

Done at Brussels, 

For the Council 

The President 

- 5-

ANNEXE I 

1. 

Licences referred to in Article 3 

Vessels flying  the  flag 
of 

Quantity of  authorized 
catches in  tonnes 

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 

Species 

Vessels flying  the flag  of 

Maximum number of  licences 

(a) 

Tuna 

(b) 

Snappers 

Japan 
Korea 

Venezuela 
Barbados 

c) 

Shark 

Venezuela 

p.m. 
p.m. 

41 
5 

4 

6-

AS  S EXE:  Il 

N om  du  capitaine 
Captain's  name 

De pan  de 
Depart  from 

Débarquement  à 
Landed  at 

M o n ' M o n th 
lour'Dav 

Sonde 
Depth 

jour  ou  nun 
Da»  or  night 
i D o rS 

Nomlwr  dr  lu 
ov  »fs engins 

Ifaw'NMinbri 

Total 
heures  dr 
peche 
Hours 
«ished 

Queues 
de  crevette 
.Head  o i l-
shrimp 
(kg, 

Crevettes 
entières 
• Head-on-
shrimp 

Crevettes  contervees  a  bord 
Shrimps  retained  on  board 

Penaeus 
subtilis 
brasiliensis 

Xtrphopenaeus 
krovern 

Vivaneaux 
Snapper 

Requins 
Shark 

Thon ides 
Tuna 

D 

N 

N 

D 

TT 

N 

D 

IE 

IE 

"FT 

N 

N 

N 

- 3 --

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 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 Guiana, hereinafter called  'the zone'; 

(b) 

whenever leaving the zone; 

(c) 

(d) 

(e) 

whenever entering a port of a Member State; 

whenever leaving a port of a Member State; 

every week in respect of the previous week  from the date of entry into the zone refer red 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 possesssion of a licence, the message may be transmitted by another vessel on behalf of the  former. 

K 

ANNEX IV 

Declaration pursuant to Article  10 (2) 

LANDING  DECLARATION <i) 

Name of vessel: 

Name of master: 

Master's signature: 

Registration  No: 

Name of agent  : 

Voyage made from the 

to the 

Port of landing: 

'Head-off  shrimps: 

'Head-on' shrimps: 

Thunnidae: 

Shark: 

Quantity of shrimps landed (in  live-weight) 

kg 

or ( 

x  1,6)  = 

kg (head-on  shrimps) 

kg 

kg 

kg 

Snapper (Lutjanidae): 

Other: 

kg 

kg 

(i) 

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. 

-^ 

ISSN 0254-1475 

COM(94) 479  final 

DOCUMENTS 

EN 

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Catalogue number : CB-CO-94-505-EN-C 

ISBN 92-77-81692-9 

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