Council Regulation (EC) No 64/98 of 19 December 1997 laying down for 1998 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 Guiana
Date: 1997-12-19
Institutions: Council of the European Union
Subjects: ACP countries, French Guiana, authorised catch, fishery management, fishing licence, ship's flag

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EN

Official  Journal  of  the  European  Communities

19.  1.  98

COUNCIL  REGULATION  (EC)  No  64/98

of  19  December  1997

laying  down  for  1998  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  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(4)  thereof,

Having  regard  to  the  proposal  from  the  Commission,

Whereas shrimp fishing licences calculated on the basis of
scientific  advice  have  been 
to  non-member
countries  whose  vessels  fish  in  the  zone  of  the  said
department;

issued 

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  policy (3);

Whereas, for imperative reasons of common interest, this
Regulation  will  apply  from  1  January  1998,

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;

HAS  ADOPTED  THIS  REGULATION:

Article  1

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  Regulation  (EC)  No  405/97 (2);
whereas  the  latter  Regulation  expires  on  31  December
1997;

Vessels  flying  the  flag  of  one  of  the  countries  listed  in
Annex I shall be authorized, during the period 1 January
to  31  December  1998  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.

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 
fishermen
concerned;

adequate  profitability 

the 

for 

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
that  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;

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.

(1)  OJ No L 389, 31. 12. 1992, p. 1. Regulation as amended by

the  1994  Act  of  Accession.
(2)  OJ  L  66,  6.  3.  1997,  p.  112.

(3)  OJ L 261, 20. 10. 1993, p. 1. Regulation as last amended by
Regulation  (EC)  No  2205/97  (OJ  L  304,  7.  11.  1997,  p.
1).

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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.

(a)  name  of  the  vessel;

(b) registration  number;

(c)  external  identification  letters  and  numbers;

(d) port  of  registration;

(e)  name  and  address  of  the  owner  or  charterer;

Article  3

(f)  gross  tonnage  and  overall  length;

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.

(g)  engine  power;

(h) call  sign  and  radio  frequency;

(i)  intended  method  of  fishing;

(j)  species  intended  to  be  fished;

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  I.

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
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.

(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
the
contracting  processing  undertaking  and  with 
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  5

Article  7

1. The 
applications  for  licences  submitted  to  the  Commission:

information 

following 

accompany

shall 

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.

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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. 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  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
specified  in  that  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  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

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. 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.

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 
take  appropriate
measures  to  ensure  that  the  obligations  set  out  in  this
Regulation  are  complied  with,  including  the  regular
inspection  of  vessels.

shall 

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 
in  Article  6  shall  be
to 
withdrawn.

No  licence  shall  be  issued  to  such  vessels  for  a  period  of
four  to  twelve  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.

1. The  French  authorities  shall  take  all  appropriate
measures  to  verify  the  accuracy  of  the  declarations
referred  to 
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.

in  Article  10(2),  by  checking  them 

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.

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Article  15

If,  for  a  period  of  one  month,  the  Commission  receives
in  Article  10(1)
no  communication  as  referred  to 
concerning  a  vessel  in  possession  of  a  licence  referred  to
in  Articles  3  and  4,  the  licence  of  such  vessel  shall  be
withdrawn.

authorities  of  the  country  concerned,  until  31  January
1998. 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

Article  16

This  Regulation  shall  enter  into  force  on  the  day  of  its
publication  in  the  Official  Journal  of  the  European
Communities.

The  period  of  validity  of  licences  valid  on  31  December
1997  pursuant  to  Article  1  of  Regulation  (EC)  No
3091/95  may  be  extended,  at  the  request  of  the

It  shall  apply  from  1  January  1998  to  31  December
1998.

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

Done  at  Brussels,  19  December  1997.

For  the  Council

The  President

F.  BODEN

1.  Licences  referred  to  in  Article  3

ANNEX  I

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

(c)  Shark

Japan
Korea

Venezuela
Barbados

Venezuela

p.m.
p.m.

41
5

4

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ANNEX  II

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ANNEX  III

Special  conditions

1.  Vessels  in  possession  of  a  licence  referred  to  in  Articles  3  and  4  (1)  (Thumnidae)  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)  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.

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ANNEX  IV

Declaration  pursuant  to  Article  10  (2)

LANDING  DECLARATION (1)

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  (

×  1,6)  = 

kg  (head-on,  shrimps)

‘Head-on’  shrimps: 

kg

Thunnidae:   

Shark: 

kg 

kg 

Snapper  (Lutjanidae): 

Other: 

kg

kg

(1)  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.