Proposal for a COUNCIL REGULATION (EC) laying down for 1996 certain measures for the conservation and management of fischery 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: 1995-11-17
Institutions: European Commission
Subjects: French Guiana, conservation of fish stocks, fishery management, fishery resources, fishing licence, third country

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels,  17.11.1995 
COM(95)555  final 

Proposal  for a 

COUNCIL REGULATION  ŒO 

laying  down  for  1996  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  1996 
to  31 December  1996. 

The  proposal  is  based  on  principles  already  followed  in  the  past,  in  particular  in 
Council  Regulation  (EEC)  n°  3189/941,  which  established  these  arrangement  for  the 
period  from  1 January  1995  to  31  December  1995. 

In  1995, 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  1996, the  quotas  and  licences  foreseen  for  1995  remain  unchanged. 

OJ  N°  340,  29.12.1994 

PROPOSAL  FOR  A 

COUNCIL  REGULATION  (EC)  N< 

of 

laying  down  for  1996  certain  measures  for  the  conservation  and  management  of  fishery 
resources  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, 

regard 
Having 
European  Community, 

to 

the  Treaty  establishing 

the 

Whereas  the  continuity  of  the  system  should  be 
assured,  in particular  by  maintaining  the  restriction 
to 
in 
on  some  fish  stocks 
conserve  the stock  and  ensure  adequate  profitability 
for  the  fishermen  concerned; 

the  zone 

in  order 

the  processing 

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

industry  based 

in 

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; 

the  fishing  activities  covered  by 

this 
Whereas 
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  policy'31; 

Having  regard  to  Council  Regulation  (EEC)  No 
3760/92  of  20  December  1992  establishing  a 
Community  system  for  fisheries  and  aquaculture0\ 
and  in  particular  Article  8,  paragraph  4, 

Having 
Commission, 

regard 

to 

the 

proposal 

from 

the 

in  accordance  with  Article  8  of 
Whereas, 
the  Council 
(EEC)  No  3760/92, 
Regulation 
determines  for  each  fishery  or  group  of  fisheries  on 
a  case-by-case  basis, 
total  allowable  catch 
the 
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  French 
department  of  Guiana  most  recently  laid  down  by 
Council  Regulation  (EEC)  No  3189/94(2);  whereas 
the  latter  Regulation  expires  on  31  December  1995, 

the  coast  of 

(1) 
(2) 
(3) 

OJ n° L 3 8 9, 31.12.1992, p. 1 
OJ n° L 3 4 0, 29.12.1994, p. 1 
OJ n° L 2 6 1, 20.10.1993, p. 1 

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  1996  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 
in  point  1  of 
the  country  concerned  specified 

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  vessel 
concerned  to land 50 % of the catches  in the French 
department  of  Guyana. 

the  owner  of 

Article  5 

1.  The  following 
for 
applications 
Commission  : 

information  shall  accompany 
the 
submitted 
licences 

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 
charterer; 

the  owner  or 

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 
shipowner 
valid  contract  exists  between 
a  processing 
licence 
applying 
undertaking  situated  in  the  French  department  of 
Guyana  and  that  it  includes  an  obligation  to  land  at 
least  7 5%  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. 

and 

the 

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 
Guyanese  economy.  A  copy  of  the  duly  endorsed 
contract 
licence 
application. 

appended 

shall 

the 

be 

to 

the 

referred 

in 
endorsement 
3.  Where 
paragraph  2  is  refused,  the  French  authorities  shall 
their 
give  notification  of 
reasons  for 
the 
Commission. 

this  reusal  and  state 
the  party  concerned  and 

it  to 

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 
the 
copy  of 
Commission  within  30  days  of  the  last  day  of  each 
fishing  trip  via  the  French  authorities. 

shall  be  sent 

log-book 

this 

to 

Article  10 

to 

1.  The  master  of  each  vessel  in  possession  of  a 
in  Articles  3  and  4 ( 1 ),  as 
licence  referred 
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. 

authorities 

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 
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. 

a  declaration, 

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 
in 
Article  9.  The  declaration  shall  be  signed  by  the 
competent  official  after  it  has  been  verified. 

log-book 

referred 

the 

to 

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 
subject  of  a  declaration 
in 
Article  10  (2). 

referred 

as 

to 

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

3.  Snapper  fishing  shall  be  authorized  only  for 

the  French 
the  end  of  each  month, 
3.  Before 
authorities  shall  send  to  the  Commission  all  the 
declarations  referred  to  in  paragraph  2  relating  to 
the  preceding  month. 

<J 

Article  12 

The  granting  of  licences  to  vessels  from  third 
countries shall  be subject  to the undertaking  by  the 
owner  of 
to  permit  an 
observer  to  come  on  board  at  the  Commission's 
request. 

the  vessel  concerned 

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  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. 

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  15 

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 

licences  valid  on 
The  period  of  validity  of 
31 December  1995  pursuant 
to  Article  1  of 
Regulation  (EEC)  No 3189/94  may be extended,  at 
the  request  of  the  authorities  of  the  country 
concerned,  until  31  January  1996.  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 
1996. 

It  shall  apply  until  31  December  1996. 

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

Done  at  Brussels, 

For  the  Council 

Tlie President 

£ 

ANNEX.  I 

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 

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 

FICHE  DE PÊCHE 

LOG  SHEET 

Nom  du  navire 

Vessel  name 

N*  d'immatricul 

ation 

— 

Official  No 

Nom  du  capital 

Captain s  name 

Départ  de 

Depart  from 

Débarquement  a 

Landed  at 

N° de  licence  ZEE 

Fishing  licence  No 

Nbre  équipage 

No  in  crew 

Date 

Date 

A 

NNEX n 

73 

74 

75 

78 

77 

S U R I N A M! 

/ 

V 

jfk 

y.  v.»»'*"/ 

.*%c4 

G U Y A N I^ 

Çg^WEST  GULLIES | § | |S 
/  FRANÇAIS!  J V - ^ ^ f ^ ^ P Si 

1 
I 
1 

M o i s ' M o n th 
(our'Day 

Zone  n° 

Sonde 
Depth 

Jour  ou  nun 
Dav  or  night 
(D  or  N! 

N n m h rr  Je  fuis 
ou  l«  cnK.nv 

I c a u ' N u m b er 
..I  t.mes  n or 
.<.  shol 

Total 
heures de 
pèche 
Hours 
fished 

Queues 
de  crevette 
-Head-off-
shrimp 
(kg) 

Crevettes 
entières 
- Head-on-
shrimp 
(kg) 

Crevettes  conservées  a  bord 
Shrimps  retained  on  board 

Penaeus: 
subtilis 
brasiliensis 

Xyphopenaeus 
kroyern 

Vivaneauv 
Snapper 

Requins 
Shark 

Thonidès 
Tuna 

D 

D 

D 

D 

D 

D 

D 

D 

D 

D 

D 

D 

D 

D 

D 

D 

D 

D 

D 

D 

D 

D 

D 

D 

D 

D 

D 

D 

D 

D 

D 

N 

N 

N 

N 

N 

N 

N 

N 

N 

N 

N 

N 

N 

N 

N 

N 

N 

N 

N 

N 

N 

N 

N 

N 

N 

N 

N 

N 

N 

N 

N 

8 

ANNEX  UI 

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  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. 

\. 

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. 

•3 

ANNEX  IV 

Declaration  pursuant  to  Article  10 (2) 

LANDING  DECLARATION  (i) 

Name  of  vessel: 

Name of  master: 

Master's  signature: 

Voyage  made  from  the 

Port  of  landing: 

Registration  No: 

Name of  agent  : 

to  the 

'Head-off  shrimps: 

kg 

Quantity  of  shrimps  landed  (in  live-weight) 

'Head-on'  shrimps: 

kg 

or  ( 

x  1,6)  = 

kg  (head-on  shrimps) 

Thunnidae'. 

Shark-

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. 

•-K-y 

ISSN  0254-1475 

COM(95) 555 final 

DOCUMENTS 

EN 

03  11 

Catalogue number  : CB-CO-95-596-EN-C 

ISBN 92-77-95950-9 

Office  for Official Publications of the European  Communities 

L-2985 Luxembourg 

<7-7