Proposal for a COUNCIL DECISION on access by fishing vessels flying the flag of the Bolivarian Republic of Venezuela to the exclusive economic zone off the coast of the French department of Guyana
Date: 2011-01-07
Institutions: European Commission
Subjects: Venezuela, bilateral relations, exclusive economic zone, fishing regulations, public international law

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EUROPEAN COMMISSION 

Brussels, 7.1.2011 
COM(2010) 807 final 

2010/0392 (NLE) 

Proposal for a 

COUNCIL DECISION 

on access by fishing vessels flying the flag of the Bolivarian Republic of Venezuela to the 
exclusive economic zone off the coast of the French department of Guyana 

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EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

Fishing vessels flying the flag of Venezuela have been authorised to operate in the exclusive 
economic  zone  (EEZ)  of  the  French  overseas  department  of  Guyana  for  several  decades. 
However,  Council  Regulation  (EC)  No  1006/2008  of  29  September  2008  (Fishing 
Authorisation Regulation)1, and in particular Article 21 thereof, presuppose the existence of 
an  international  fisheries  agreement  when  granting  fishing  authorisations  to  third-country 
vessels  within  EU  waters.  Given  that  the  EU  has  not  concluded  an  international  fisheries 
agreement with Venezuela, the current practice is not in line with this Regulation.  

In view of the economic and social importance of these fishing activities, the Council and the 
Commission  nonetheless  considered  a  sudden  discontinuation  inappropriate.  Council 
Regulation  (EU)  No  53/2010  of  14  January  2010  (TAC  and  Quota  Regulation  2010)2 
therefore  still  provides  in  Annex  VIII  for  a  certain  number  of  fishing  authorisations  to  be 
granted  to  Venezuelan  vessels  operating  in  French  Guyana  waters.  At  the  same  time,  the 
Council and Commission stated that the situation concerning landings of Venezuelan vessels 
in  the  ports  of  French  Guyana  had  to  be  regularised  before  31  December  2010  and  that 
licences to Venezuelan vessels would otherwise not be renewed beyond that date.3 

2. 

RESULTS OF CONSULTATIONS WITH THE INTERESTED PARTIES AND 
IMPACT ASSESSMENTS 

A  call  for  expressions  of  interest  in  exploiting  this  fishery,  which  the  French  authorities 
directed at all EU member states at the end of June 2010, has not met with any repsonse from 
EU  vessel  operators.  Venezuelan  operators,  by  contrast,  have  expressed  their  interest  in 
continuing  their  activities  in  French  Guyana.  The  landing  and  processing  of  catches  from 
these vessels at ports in French Guyana contributes significantly to the livelihood of the local 
population and to the supply of fisheries products to the local industry.  

As for environmental impacts, the resources exploited by these vessels are not endangered by 
over-exploitation  at  present  according  to  the  available  scientific  reports.  Nevertheless,  it 
appears  necessary  to  establish  a  mechanism  so  the  Council  can  fix  annually  the  fishing 
opportunities  that  can  be  made  available  to  Venezuelan  vessels  with  a  view  to  avoid 
overexploitation. 

3. 

LEGAL ELEMENTS OF THE PROPOSAL 

The authorisation of the Venezuelan  vessels  has  hitherto  not implied  any obligations  on the 
Venezuelan  side  towards  the  European  Union,  apart  from  those  applicable  to  the  fishing 
operators on the due respect of the fishing rules applicable in EU waters and an obligation to 
land  part  of  the  catches  in  the  ports  of  Guyana.  Under  these  circumstances,  and  given  the 

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OJ L 286, 29.10.2008, p. 33. 
OJ L 21, 26.01.2010, p. 1. 
Council Doc. 5032/10, 12.01.2010, at no. 23. 

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limited  scope  of  the  fishery  in  question,  a  fully-fledged  fisheries  agreement  between 
Venezuela and the EU appears as disproportionate.  

Instead, the proposed unilateral  declaration by the Council of the European Union, with  the 
consent of the European Parliament, serves a purpose similar to that of a fisheries agreement 
by consenting to the granting of fishing authorisations to Venezuelan vessels. It may be noted 
that the International Court of Justice, in the Nuclear Tests Case4, has stated that a unilateral 
statement of a subject of international law may, in certain circumstances, create international 
rights  and  obligations  for  the  parties  concerned  and  can  thus  be  associated  to  international 
treaties. 

4. 

BUDGETARY IMPLICATION 

The proposal does not have budgetary implications. 

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Nuclear Tests (New Zealand v. France), Judgment, I.C.J. Reports 1974, p. 457, at para. 46. 

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2010/0392 (NLE) 

Proposal for a 

COUNCIL DECISION 

on access by fishing vessels flying the flag of the Bolivarian Republic of Venezuela to the 
exclusive economic zone off the coast of the French department of Guyana 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 43 in conjunction with Article 218, paragraph 6 a) thereof, 

Having regard to the proposal from the European Commission, 

Having regard to the consent of the European Parliament, 

Whereas: 

(1) 

(2) 

(3) 

Subject  to  the  system  of  conservation  and  management  of  fishery  resources 
established  by  the  European  Union,  fishing  vessels  flying  the  flag  of  the  Bolivarian 
Republic of Venezuela have operated in the exclusive economic zone off the coast of 
the French department of Guyana for many decades. 

The  processing  industry  based  in  the  French  department  of  Guyana  depends  on  the 
landings from those vessels. 

The  continuity  of  these  operations  should  be  ensured  by  providing  an  international 
access  title  for  the  third-country  vessels  in  question  with  the  proviso  that  they  shall 
operate  in  compliance  with  restrictions  under  applicable  Union  law  designed  to 
conserve fish stocks in the zone in question and to secure the supplies of the affected 
processing industry. 

HAS ADOPTED THIS DECISION:  

Article 1 

The Statement on the access of fishing vessels flying the flag of the Bolivarian Republic of 
Venezuela to the exclusive economic zone off the coast of the French department of Guyana 
is hereby approved on behalf of the European Union. 

The text of the Statement is attached to this Decision. 

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Article 2 

The  President  of  the  Council  is  hereby  authorised  to  designate  the  person(s)  empowered  to 
notify this Statement to the Bolivarian Republic of Venezuela. 

Done at […], 

For the Council 
The President 

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ANNEX 

Statement of consent 

on  access  by  fishing  vessels  flying  the  flag  of  the  Bolivarian  Republic  of  Venezuela  to  the 
exclusive economic zone off the coast of the French department of Guyana 

1. 
Subject to the conditions set out below, a limited number of fishing vessels flying the flag of the 
Bolivarian Republic of Venezuela shall be authorised to fish in the part of the exclusive economic zone 
off the coast of the French department of Guyana that lies more than 12 nautical miles from the base 
lines. 

2. 
Authorised fishing vessels flying the flag of the Bolivarian Republic of Venezuela shall, when 
fishing in the area referred to in paragraph 1, comply with relevant European Union law pertaining to 
the  conservation  and  management  of  fish  stocks  and  with  all  European  Union  rules  and  regulations 
governing fishing activities in that area. 

More  particularly,  authorised  fishing  vessels  flying  the  flag  of  the  Bolivarian  Republic  of 
3. 
Venezuela shall comply with any relevant European Union rules or regulations specifying inter alia the 
fish stocks that may be targeted, the maximum number of authorised fishing vessels and the proportion 
of catches to be landed into ports in French Guyana. 

4. 
Without  prejudice  to  the  withdrawal  of  authorisations  of  individual  fishing  vessels  flying  the 
flag of the Bolivarian Republic of Venezuela on grounds of failures to comply with relevant rules and 
regulations, this specific access regime may be terminated at any time by way of unilateral statement 
on behalf of the European Union. 

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