Council Regulation (EC) No 1091/2003 of 18 June 2003 amending for the second time Regulation (EC) No 2341/2002 fixing for 2003 the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks, applicable in Community waters and, for Community vessels, in waters where catch limitations are required
Date: 2003-06-18
Institutions: Council of the European Union
Subjects: EU waters, authorised catch, fishery resources, fishing rights

26.6.2003

EN

Official Journal of the European Union

L 157/1

I

(Acts whose publication is obligatory)

COUNCIL REGULATION (EC) No 1091/2003

of 18 June 2003

amending for the second time Regulation (EC) No 2341/2002 fixing for 2003 the fishing opportu-
nities and associated conditions for certain fish stocks and groups of fish stocks, applicable in
Community waters and, for Community vessels, in waters where catch limitations are required

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EC) No 2371/2002 of 20
December 2002 on the conservation and sustainable exploita-
tion of
the Common Fisheries
resources under
Policy (1), and in particular Article 20(1) and (4) thereof,

fisheries

Having regard to the proposal from the Commission,

Whereas:

(1)

(2)

(3)

Regulation (EC) No 2341/2002 (2), fixes for 2003 the
fishing opportunities and associated conditions
for
certain fish stocks and groups of stocks applicable in
Community waters and for the Community vessels, in
waters where catch limitations are required.

Opportunities of fishing for capelin for the Community
in Greenlandic waters are provided for in the Fourth
Protocol laying down the conditions relating to fishing
provided for in the Agreement on fisheries between the
European Economic Community, on the one hand, and
the Government of Denmark and Home Rule Govern-
ment of Greenland, on the other (3). The Community
receives 70 % of Greenland's share of the capelin TAC
(total allowable catches) which is decided in June and
available to all Member States. To enable the summer
season fishing to start earlier than has been the case in
recent years the Commission should be empowered to
decide on the issue.

In accordance with the procedure provided for in the
Agreement on fisheries between the European Economic
Community and the Kingdom of Norway (4),
the
Community has held consultations with the Kingdom of
Norway. The delegations agreed to recommend to their
respective authorities to allocate a quota of 40 000
tonnes of sand eel to Norway in Community waters,
while quotas of 2 500 tonnes of haddock and 1 500

(1) OJ L 358, 31.12.2002, p. 59.
(2) OJ L 356, 31.12.2002, p. 12. Regulation as last amended by
Commission Regulation (EC) No 728/2003 (OJ L 105, 26.4.2003,
p. 3).

(3) OJ L 209, 2.8.2001, p. 2.
(4) OJ L 226, 29.8.1980, p. 48.

tonnes of plaice in the North Sea are to be transferred
from Norway to the Community. Furthermore it has
been agreed to recommend that the Community have
access to fish 48 493 tonnes of Atlanto-Scandian herring
in Norwegian waters north of 62° N and that Norway
have access to fish 48 493 tonnes of Atlanto-Scandian
herring in Community waters north of 62° N, and that
the share of the Community out of the jointly shared
NEAFC quota for mackerel
in international waters be
7 520 tonnes. The necessary measures should be taken
to implement the results of the consultations in Commu-
nity legislation.

In the Agreed Record of Conclusions of Fisheries Consul-
tations between the European Community and Norway
of 20 December 2002, it was agreed to recommend to
the respective authorities to allow that 40 000 tonnes of
Norway pout in zone IV (Norwegian waters) be fished
by the European Community as sand eel.

In accordance with the procedure provided for in the
Agreement on fisheries between the European Economic
Community, of the one part, and the Government of
Denmark and the Home Government of
the Faeroe
Islands of the other part (5), the Community has held
consultations with the Home Government of the Faeroe
Islands. The delegations agreed to recommend to their
respective authorities that the parties have access to fish
6 022 tonnes of Atlanto-Scandian herring in the waters
of
the other party north of 62° N. The necessary
measures should be taken to implement the results of
the consultations in Community legislation.

(4)

(5)

(6) While awaiting a long term management agreement on
the blue whiting stock with the coastal States concerned,
it is appropriate for the Community to set a quota avail-
able to all Member States at 250 000 tonnes in ICES
divisions I,
II, V, VI, VII, XII and XIV (International
waters).

(5) OJ L 226, 29.8.1980, p. 12.

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Official Journal of the European Union

26.6.2003

(7)

(8)

(9)

In January 2003 the Northwest Atlantic Fisheries Orga-
nisation (NAFO) adopted a TAC for northern prawn of
13 000 tonnes in NAFO Division 3L for the Commu-
nity. This measure should therefore be implemented by
the Community.

Following the Community emergency measures on
closure of cod fishing with trawls for all vessels in the
EC waters of the Baltic Sea from 15 April until 31 May
2003, Estonia has requested that Estonian trawl fishing
be allowed in Community waters from 1 September to
15 October of this year. The Council considers it appro-
priate to amend Annex VI part II to Regulation (EC) No
2341/2002 as necessary.

circumstances,

to exceptional

Lithuania has
Due
requested the EC to give it back 800 tonnes of the
herring quota which Lithuania granted to the EC to be
fished in its waters for 2003, thus reducing the corre-
In exchange, Lithuania's
sponding Community quota.
authorities have agreed to offer the Community 800
tonnes of herring in its waters from its national quota to
be fixed by the IBSFC for the year 2004. The Council
considers it appropriate to amend Annex IA to Regula-
tion (EC) No 2341/2002 as necessary.

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 2341/2002 is hereby amended as follows:

1.

in Article 3 the following paragraph shall be added:
‘4.
The Commission shall fix the fishing opportunities for
capelin in zones V, XIV (Greenland waters) available to the
Community equal
the
capelin TAC as soon as the TAC has been established.
Following the transfer of 30 000 tonnes to Iceland, 10 000
tonnes to the Faroe Islands and 6 700 tonnes to Norway,
the remaining amount will be available to all Member
States.’

to 70 % of Greenland's share of

2. Annex IA is amended in accordance with Annex I to this

Regulation;

3. Annex IB is amended in accordance with Annex II to this

Regulation;

4. Annex IC is amended in accordance with Annex III to this

Regulation;

5. Annex ID is amended in accordance with Annex IV to this

Regulation;

6. Annex IE is amended in accordance with Annex V to this

Regulation;

7. Annex VI is amended in accordance with Annex VI to this

Regulation.

Article 2

(10)

Regulation (EC) No 2341/2002 should therefore be
amended accordingly,

This Regulation shall enter
into force on the third day
following that of its publication in the Official Journal of the
European Union.

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

Done at Luxembourg, 18 June 2003.

For the Council

The President

G. DRYS

26.6.2003

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Official Journal of the European Union

L 157/3

In Annex IA to Regulation (EC) No 2341/2002, the entries concerning the species herring in zone IIId (Lithuanian
waters) shall be replaced by the following:

ANNEX I

‘Species: Herring

Clupea harengus

Zone: IIId (Lithuanian waters)

Denmark

Germany

Sweden

EC

TAC

477

358

165

500 (1)

1 500 (2)

143 349

(1) Available to Denmark, Germany, Finland and Sweden within the

respective quotas for IIIbcd (EC waters).

(2) Of which 500 tonnes are to be counted against the Community

share of the TAC for IIIbcd (EC waters).’

L 157/4

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Official Journal of the European Union

26.6.2003

In Annex IB to Regulation (EC) No 2341/2002, the entries concerning the species sand eel in zone ‘IIa, Skagerrak,
Kattegat, North Sea’, the species haddock in zone ‘IIa (EC waters), North Sea’, the species plaice in zones ‘IIa (EC waters),
North Sea’, the species Norway pout in zone ‘IV (Norwegian waters)’ shall be replaced by the following:

ANNEX II

‘Species:

Sand eel
Ammodytidae

Denmark

United Kingdom

All Member States

EC

Norway

Faroe Islands

TAC

776 336

16 969

29 695 (2)

823 000

75 000 (4)

20 000 (3) (4)

918 000

Zone: IIa (1), Skagerrak, Kattegat, North Sea (1)

(1) Community waters excluding waters within 6 miles of
United Kingdom baselines at Shetland, Fair Isle and
Foula.

(2) Except Denmark and the United Kingdom
(3) This quota consists of sand eel, Norway pout, a
maximum of 2 000 tonnes of sprat and unavoidable
by-catches of blue whiting. Sprat and a maximum of
6 000 tonnes of Norway pout may be taken in IVa
north of 56° 30' N. Such Norway pout catches shall be
subject to the provision, on request by the Commis-
sion, of details on the quantity and composition of any
by-catch taken.

(4) To be taken in the North Sea.’

‘Species: Haddock

Melanogrammus aeglefinus

Zone: IIa (EC waters), North Sea

(1) Excluding an estimate of 2 634 tonnes of industrial

by-catch.

(2) TAC agreed in the framework of fisheries consultations
between the European Community and Norway for
2003. The parties' shares of the TAC, after swaps, are:
EC: 44 655 tonnes, Norway: 7 080 tonnes.

Belgium

Denmark

Germany

France

The Netherlands

Sweden

United Kingdom

EC

Norway

TAC

Special conditions:

446

3 064

1 950

3 398

334

216

32 613

42 021 (1)

7 080

51 735 (2)

Within the limits of the abovementioned quotas, no more than the quantities given below may be taken in the zones
specified:

Norwegian waters

EC

31 357’

‘Species:

Plaice
Pleuronectes platessa

Zone: IIa (EC waters), North Sea

(1) TAC agreed in the framework of fisheries consultations
between the European Community and Norway for
2003. The parties' shares of the TAC, after swaps, are:
EC: 70 781 tonnes, Norway: 2 469 tonnes.

Belgium

Denmark

Germany

France

The Netherlands

United Kingdom

EC

Norway

TAC

4 356

14 156

4 083

817

27 224

20 145

70 781

2 469

73 250 (1)

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Official Journal of the European Union

L 157/5

Special conditions:

Within the limits of the abovementioned quotas, no more than the quantities given below may be taken in the zones
specified:

Norwegian waters

EC

30 000’

‘Species: Norway pout

Trisopterus esmarki

Denmark

United Kingdom

EC

TAC

47 500 (1) (2)

2 500 (1) (2)

50 000 (1) (2)

Not relevant

Zone: IV (Norwegian waters)

(1)
Including inextricably mixed horse mackerel.
(2) 80 % of this quota may be taken as sand eel.’

L 157/6

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Official Journal of the European Union

26.6.2003

ANNEX III

In Annex IC to Regulation (EC) No 2341/2002, the entries concerning the species herring in zone ‘I, II (EC waters, inter-
national waters)’ and blue whiting in zone ‘I, II (NEAFC Regulatory Area)’ shall be replaced by the following:

‘Species: Herring

Clupea harengus

Zone:

I, II (EC waters, International waters and Norwe-
gian waters)

(1) May be taken in IIa (Community waters)

Belgium

Denmark

Germany

Spain

France

Ireland

The Netherlands

Portugal

Finland

Sweden

United Kingdom

EC

Norway

Faroe Islands

TAC

Special conditions:

17

16 908

2 961

56

730

4 377

6 051

56

262

6 265

10 810

48 493

48 493 (1)

6 022 (1)

Not relevant

Within the limits of the abovementioned quotas, no more than the quantities given below may be taken in the zones
specified:

Belgium

Denmark

Germany

Spain

France

Ireland

The Netherlands

Portugal

Finland

Sweden

United Kingdom

EC

Faroese waters

2

2 100

368

7

91

544

751

7

33

778

1 342

6 022’

‘Species: Blue whiting

Micromesistius poutassou

Zone:

I, II, V, VI, VII, XII, and XIV (interna-
tional waters)

EC

TAC

250 000

Not relevant’

26.6.2003

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Official Journal of the European Union

L 157/7

ANNEX IV

In Annex ID to Regulation (EC) No 2341/2002, the entries concerning the species blue whiting in zone ‘V, VI, VII, XII,
and XIV (1)’ and the species mackerel in zone ‘IIa (EC waters), Skagerrak and Kattegat, IIIbcd (EC waters), North Sea’ and
in zone ‘IIa (non-EC waters), Vb (EC waters), VI, VII, VIIIa, b, d, e, XII, XIV’ shall be replaced by the following:

‘Species: Blue whiting

Micromesistius poutassou

Zone:

V, VI, VII, XII, XIV (EC waters)

(1) Of which up to 75 % may be taken in areas VIIIc, IX, X,

CECAF 34.1.1 (EC waters).

(2) May be fished in EC waters in areas II, IVa, VIa north of

56° 30' N, VIb, VII west of 12° W.

(3) Of which up to 500 tonnes may consist of argentine

(Argentina spp.).

(4) Catches of blue whiting may include unavoidable catches

of argentine (Argentina spp.).

(5) May be fished in EC waters in areas VIa north of 56° 30'

N, VIb, VII west of 12° W.

Denmark

Germany

Spain

France

Ireland

The Netherlands

Portugal

United Kingdom

EC

Norway

Faeroe Islands

2 218

8 582

14 304 (1)

11 944

17 165

26 963

1 073 (1)

25 032

107 281

120 000 (2) (3)

45 000 (4) (5)

TAC

Not relevant

Special conditions:

Within the limits of the abovementioned quotas, no more than the quantities given below may be taken in the zones
specified:

Norway

IVa

40 000’

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Official Journal of the European Union

26.6.2003

‘Species: Mackerel

Scomber scombrus

Zone:

IIa

(EC waters),

and
Kattegat, IIIb,c,d (EC waters), North Sea

Skagerrak

Belgium

Denmark

Germany

France

The Netherlands

Sweden

United Kingdom

EC

Norway

TAC

483

12 745

504

1 522

1 533

4 576 (1) (2) (3)

1 419

22 782 (2) (4) (5)

40 395 (6)

556 607 (7)

(1)

(2)

Including a fishery by this Member State of
1 865 tonnes of mackerel in ICES Division IIIa
ICES Division
and in Community waters of
IVab.
Including 260 tonnes to be taken in Norwegian
waters of ICES subarea IV, accruing from the
Agreed Records of Consultations between the
European Community, on behalf of Sweden,
and Norway, for 2003.

(4)

(3) When fishing in Norwegian waters, by-catches
of cod, haddock, saithe, pollack and whiting
shall be counted against the quotas for these
species.
Including 1 865 tonnes accruing from condi-
tions defined in footnote 2 of the Annex of the
Agreed Records of Conclusions of Fisheries
Consultations between the European Commu-
nity and Norway. Brussels, 9 December 1995.
accruing from the
Including 459 tonnes
arrangement between the European Commu-
nity and Norway on the Management of the
joint EU — Norway share of the NEAFC allow-
able catch.

(5)

(6) To be deducted from Norway's share of the
TAC (access quota). This quota may be fished
in Division IVa only, except for 3 000 tonnes
that may be fished in Division IIIa.

(7) TAC agreed by the European Community,
Norway and Faeroe Islands for the northern
area.

Special conditions:

Within the limits of the abovementioned quotas, no more than the quantities given below may be taken in the zones
specified:

Denmark

France

The Netherlands

Sweden

United Kingdom

Norway

IIIa,
IVb,c

4 130

490

490

490

IIIa

3 000’

IVb

IVc

IIa (non-EC waters), VI, from 1
January to 31 March 2003

4 020

390

10

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Official Journal of the European Union

L 157/9

‘Species: Mackerel

Scomber scombrus

Germany

Spain

France

Ireland

The Netherlands

United Kingdom

EC

Norway

Faeroe Islands

TAC

Special conditions:

20 342

20

13 563

67 807

29 665

186 472

317 869 (4)

12 020 (1)

4 679 (2)

556 607 (3)

Zone:

IIa (non-EC waters), Vb (EC waters), VI, VII,

VIIIa,b,d,e, XII, XIV

(1) May be fished only in IIa, IVa, VIa (north of 56° 30(cid:1) N),

VIId,e,f,h.

(2) Of which 1 411 tonnes may be fished in ICES Division
IVa north of 59° N (EC waters) from 1 January to 15
February and from 1 October to 31 December. A quantity
of 3 893 tonnes of the Faeroe Islands' own quota may be
fished in ICES Division VIa (north of 56° 30' N)
throughout the year and/or in ICES Divisions VIIe,f,h, and/
or ICES Division IVa.

(3) TAC agreed by the EC, Norway and Faeroe Islands for the

(4)

northern area.
Including 7 061 tonnes accruing from the Arrangement
between the Norway and the European Community on the
Management of the joint EU — Norway share of the
NEAFC allowable catch 2003.

Within the limits of the abovementioned quotas, no more than the quantities given below may be taken in the zones
specified, and only during the periods 1 January to 15 February and 1 October to 31 December.

Germany

France

Ireland

The Netherlands

United Kingdom

Norway

Faeroe Islands

IVa (EC waters)

5 967

3 978

19 890

8 702

54 699

12 020

1 411 (1)

(1) North of 59° N (EC zone) from 1 January to 15 February and from 1 October to 31 December.’

L 157/10

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Official Journal of the European Union

26.6.2003

In Annex I E to Regulation (EC) No 2341/2002, the entry concerning the species Northern prawn in zone ‘NAFO 3L’ shall
be replaced by the following:

ANNEX V

‘Species: Northern prawn
Pandalus borealis

EC

TAC

145 (2)

13 000

Zone: NAFO 3L (1)

(1) Not including the box bounded by the following coordinates:

Point No

1

2

3

4

Latitude N
47° 20(cid:1) 0
47° 20(cid:1) 0
46° 00(cid:1) 0
46° 00(cid:1) 0

Longitude W
46° 40(cid:1) 0
46° 30(cid:1) 0
46° 30(cid:1) 0
46° 40(cid:1) 0

(2) To be fished from 1 January to 31 March, 1 July to 14 September and

1 December to 31 December.’

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Official Journal of the European Union

L 157/11

In Annex VI to Regulation (EC) No 2341/2002, Part I and Part II shall be replaced by the following:

ANNEX VI

QUANTITATIVE LIMITATIONS OF LICENCES AND FISHING PERMITS FOR COMMUNITY VESSELS FISHING
IN THIRD COUNTRY WATERS

‘PART I

Area of fishing

Fishery

Norwegian waters and fishery
zone around Jan Mayen

Herring, North of 62° 00' N

Estonian waters

Cod, herring, salmon and sprat

Waters of the Faroe Islands

All trawl fisheries with vessels of not more than 180
feet in the zone between 12 and 21 miles from the
Faroese baselines

Directed fishing for
cod and haddock with a
minimum mesh of 135 mm, restricted to the area
south of 62° 28' N and east of 6° 30' W

Trawling outside 21 miles from the Faroese baselines.
In the periods 1 March to 31 May and 1 October to
31 December, these vessels may operate in the area
between 61° 20' N and 62° 00' N and between 12
and 21 miles from the baselines.

Trawl fisheries for blue ling with a minimum mesh of
100 mm in the area south of 61° 30' N and west of
9°00 'W and in the area between 7° 00' W and 9° 00'
W south of 60° 30' N and in the area south-west of a
line between 60° 30' N, 7° 00' W and 60° 00' N, 6°
00' W

Directed trawl
fishery for saithe with a minimum
mesh size of 120 mm and with the possibility to use
round-straps around the codend

Fisheries
for blue whiting. The total number of
licences may be increased by ford vessels to form
pairs, should the Faroese authorities introduce special
rules of access to an area called “main fishing area of
blue whiting”

Line fishing

Fishing for mackerel

Herring fisheries north of 62° N

Iceland

All fisheries

Latvian waters

Fishing for cod, herring and sprat

Fishing for salmon

Number of
licences

Maximum
number of
vessels
present at any
time

75

250

26

8

55

70

13

4

70

26

70

20

70

34

10

12

21

18

130

40

22

20

6

12

21

5

38

15

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Official Journal of the European Union

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Area of fishing

Fishery

Lithuanian waters

All fisheries

Polish waters

All fisheries. Only vessels with an engine power equal
to or less than 750 kw are allowed.

Waters of the Russian Federa-
tion

All fisheries

Fisheries for cod

Fisheries for sprat

PART II

Number of
licences

Maximum
number of
vessels
present at any
time

300

60

pm

pm

pm

pm

pm

pm

QUANTITATIVE LIMITATIONS OF LICENCES AND FISHING PERMITS FOR THIRD COUNTRIES VESSELS
IN COMMUNITY WATERS

Flag State

Fishery

Number of
licences

Maximum
number of
vessels
present at any
time

Norway

Estonia

Faroe Islands

Herring, North of 62° 00' N

Herring, salmon, sprat

Cod

Mackerel, VIa (north of 56° 30' N), VIIefh, horse
mackerel, IV, VIa (north of 56° 30' N), VIIefh; herring,
VIa (north of 56° 30' N)

Herring north of 62° 00' N

Herring, IIIa

Industrial fishing for Norway pout and sprat, IV, VIa
(north of 56° 30' N): sandeel, IV (including unavoid-
able by-catches of blue whiting)

Ling and tusk (2)

Blue whiting, VIa (north of 56° 30' N), VIb, VII (west
of 12° 00' W)

Blue ling

Porbeagle (all zones except NAFO 3PS)

Latvia

Cod, herring, sprat, IIId

Salmon, IIId

18

106

30

14

21

4

15

20

20

16

3

90

4

18

63

15 (1)

14

21

4

15

10

20

16

3

45 (3)

2

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Flag State

Fishery

Number of
licences

Lithuania

Cod, herring, sprat, salmon, IIId

Poland

Herring, sprat, IIId (transport and refrigerator vessels)

Herring fisheries. Only vessels with an engine power
equal to or less than 750 kw are allowed.

Russian Federation

Herring, IIId (Swedish waters)

Herring,
ships)

IIId (Swedish waters, non-fishing mother

Barbados

Penaeus shrimps (5) (French Guyana waters)

Guyana

Surinam

Snappers (7) (French Guyana waters)

Penaeus shrimps (5) (French Guyana waters)

Penaeus shrimps (5) (French Guyana waters)

Trinidad and Tobago

Penaeus shrimps (5) (French Guyana waters)

Japan

Korea

Tuna (10) (French Guyana waters)

Tuna (10) (French Guyana waters)

Venezuela

Snappers (7) (French Guyana waters)

Sharks (7) (French Guyana waters)

70

5

60

pm

pm

5

5

pm

5

8

pm

pm

41

4

Maximum
number of
vessels
present at any
time

40 (4)

4

25

pm

pm

pm (6)

pm

pm (6)

pm (8)

pm (9)

pm (9)

pm

pm

(1) Of which 6 vessels may fish with gillnets and during the period 1 September to 15 October an additional nine vessels may fish with

trawl.
The Faroese authorities will send the relevant list before the 25th day of each month.

(2)
(3) Of which 32 vessels fishing with gillnets at any given time.
(4) Of which at any given time a maximum of 10 for vessels fishing cod with gillnets.
(5)

(6)
(7)

The licences concerning fishing for shrimp in the waters of the French Department of Guyana shall be issued on the basis of a
fishing plan submitted by the authorities of the third country concerned, approved by the Commission. The period of validity of
each of these licences shall be limited to the fishing period provided for in the fishing plan on the basis of which the licence was
issued.
The annual number of days at sea is limited to 200.
To be fished exclusively with long lines or traps (snappers) or long lines or mesh nets having a minimum mesh of 100 mm, at
depths greater than 30 m (sharks). To issue these licences, proof must be produced that a valid contract exists between the ship-
owner applying for the 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
that they may be processed in that undertaking's plant.
The contract referred to above 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 shall be appended to the licence application.
Where the endorsement referred to above is refused, the French authorities shall give notification of this refusal and state their
reasons for it to the party concerned and to the Commission.
The annual number of days at sea is limited to pm.
The annual number of days at sea is limited to 350.

(8)
(9)
(10) To be fished exclusively with longlines.’