Council Regulation (EC) No 324/1999 of 8 February 1999 laying down for 1999 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: 1999-02-08
Institutions: Council of the European Union
Subjects: French Guiana, conservation of fish stocks, fishery management, fishing area, ship's flag, third country

13. 2. 1999

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Official Journal of the European Communities

L 40/9

COUNCIL REGULATION (EC) No 324/1999

of 8 February 1999

laying down for 1999 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,

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 1999,

Having regard to the proposal from the Commission,

HAS ADOPTED THIS REGULATION:

in accordance with Article 8 of Regulation
Whereas,
(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 ex-
ploitation on a durable basis;

Whereas, since 1977,
the Community has operated a
fishery
system of conservation and management of
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 64/98 (2);
whereas the latter Regulation expires on 31 December
1998;

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 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;

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;

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 1999 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 Regu-
lation.

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
the third countries
be issued to the authorities of
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.

(1) OJ L 389, 31. 12. 1992, p. 1. Regulation as amended by the

1994 Act of Accession.

(2) OJ L 12, 19. 1. 1998, p. 138.

(3) OJ L 261, 20. 10. 1993, p. 1. Regulation as last amended by
Regulation (EC) No 1149/98 (OJ L 192, 8. 7. 1998, p. 4).

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Article 3

(i) intended method of fishing;

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 authorised under such
licences,
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.

the maximum number of

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.

The period of validity of each of

3.
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.

All

4.
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.

(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
in
referred to in Article 4, proof must be produced,
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 ob-
jectives 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 7

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.

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 5

Article 8

The following information shall accompany applica-

1.
tions for licences submitted to the Commission:

(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;

(f) gross tonnage and overall length;

(g) engine power;

(h) call sign and radio frequency;

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.

Tuna fishing shall be authorised only for vessels

2.
using long lines.

Snapper fishing shall be authorised only for vessels

3.
using long lines or traps.

Shark fishing shall be authorised only for vessels
4.
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.

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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 author-
ities.

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 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.

The master of each vessel in possession of a licence
2.
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

to verify the accuracy of

The French authorities shall take all appropriate
1.
measures
the declarations
referred to in Article 10(2), by checking them in particular
against the log-book referred to in Article 9. The declara-
tion 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 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 author-
ities 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 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 with-
drawn.

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.

The granting of a licence may be refused during the
3.
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(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
1998 pursuant to Article 1 of Regulation (EC) No 64/98
may be extended, at the request of the authorities of the
country concerned, until 31 January 1999. Licences thus
extended shall be counted against the number of cor-
responding licences laid down in Annex I for the dura-
tion of the extension, without that total being exceeded.

Article 13

The French authorities shall take appropriate meas-
1.
ures to ensure that the obligations set out in this Regula-
tion are complied with, including the regular inspection
of vessels.

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

It shall apply from 1 January to 31 December 1999.

Article 17

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

Done at Brussels, 8 February 1999.

For the Council

The President

O. LAFONTAINE

1. Licences referred to in Article 3

ANNEX I

Vessels flying the flag
of

Quantity of authorised
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

ANNEX II

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Official Journal of the European Communities

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ANNEX III

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) 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 informa-

tion,

— 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:
BOB:
TUN:
SKH:
XXX:

Brown shrimp (Penaeidae);
Atlantic sea bob shrimp (Xyphopenaeus kroyerii);
Tunny;
Shark;
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:

‘Head-off' shrimps:

kg

Quantity of shrimps landed (in live-weight)

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.