CELEX: 51991PC0492
Language: en
Date: 1991-12-04
Title: Proposal for a COUNCIL REGULATION ( EEC ) laying down for 1992 certain measures for the 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

COMMISSION OF THE EUROPEAN COMMUNITIES
                                                 COM(91) 492 final
                                                 Brussels, 4 December 1991
-nare
                                    Proposal for a
                               COUNCIL REGULATION (EEC)
      laying down for 1992 certain measures for the 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
                             (presented by the Commission)
 ---pagebreak---                                EXPLANATORY hEMORANDUM
The proposed regulation    fixes the fishing   arrangements    for vessels of thirc
countries in the fishing zone of the French Department of Guiana for the perio
1 January 1992 to 31 December 199?.
The proposal is based on principles already followed in the past, in particul»
in Council Regulation (EEC) N" 3935/90 (i) f which established these arrangement
for the period from 1 January 199 1 to 31 December 199'1 .
 In"1991# quotas for shrimps for neighbouring ACP cojntries as well as
 Licences for fishing snappers and sharks., in Venezuela were issued.
Takinn into account scientific advice on the state of stock evolution
                                                           .'•••*# it is proposed
that, for 1992,those amounts appearing in Annex I remain unchanged.
(1) 03 N* L ?7 8 . of 31 .12.19 90. p . 1
 ---pagebreak---                                                 Proposal for a
                                        COUNCIL REGULATION (EEC) No
                                                      of
                  laying down for 1992 certain measures for (he conservation and management of fishery
                   resources applicable to vessels flying the flag of certain non-mcmbei countries in the
                            200-nautical-mtle zone off ihc coast of the French depanment off Guiana
T E H COUNCIL OF THE EUROPEAN C O M M U N I T I E S .               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 depanment:
                                                                    whereas therefore a number of those licences arc subject to
Having regard to ?he Treaty establishing the European               changes on the basis of that scientific advice;
Economic Community,
                                                                    Wherea-j the technical and control measures applicable
Having regard to Council Regulation (EEC!) No 170/83 of             under Regulation (EEC) No 3 9 3 5 / 9 0            should be
25 January 1983 establishing a Community system for the             maintained and, should this prove necessary, sup-
conservation and management of fishery resources ('). and           plemented,
in particular Article 11 thereof,
Having regard to the proposal from the Commission,
                                                                    HAS ADOIMEI) THIS REGULATION:
Whereas under the terms of Article 2 of Regulation (EEC!)
No 170/83 it is incumbent upon the Council to formulate,
in the light of the available scientific advice the                                             Article I
conservation measures necessary to achieve the aims set out
•n Article 1 of that Regulation;                                     Vessels flying the flag of one of the countries listed in
                                                                     Annex I shall be authorized, during the period 1 January to
                                                                     31 December 1992 to fish for the species listed in the said
Whereas, since 1977, the Community has operated a                    Annex in the pan of the 200-nautical-milc fishing zone off
system of conservation and management of fishery                    the coast of the French department of Guiana that lies more
resources applicable to vessels Hying the flag of certain            than 12 nautical miles from the base lines, in conformity
non-member countries in the 2()0-nautical-mile-7one off the          with the conditions laid down in this Regulation.
coast of the French department of Guiana most recently
 laid down by Council Regulation (EEC!) No 3935/9{j(')".
 whereas the latter Regulation expires on 31 December
  1991.                                                                                         Article 2
                                                                      1. Fishing in ihc fishery zone referred to in Aniclc 1 shall
 Whereas the continuity of the system should be assured, in          be subject to the possession on board of a licence, issued by
 panicular by maintaining the restriction on some fish               the Commission on behalf of the Community, and to the
 stocks in the zone in order to conserve the stock and ensure        observance of the conditions set out in that licence and tht
 adequate profitability for the fishermen concerned;                 control measures and other provisions regulating fishing
                                                                     activities in that zone.
 Whereas the processing industry based in the French
 depanment of Guinea depends on landings from vessels of              2. Applications for licences shall be submitted by the
 non-member countries operating in the fishing zone off that          authorities of the non-member countries concerned to the
 depanment;                                                          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.
  Whereas therefore, it is necessary to ensure that those
  vessels which arc under contract to land their catches in the
  French department of Guinea can continue to fish;                    1. Ihc registration letters and numbers of a vessel in
                                                                      possession of a licence must be clearly marked on both
                                                                      sides 01 the prow and on both sides of the superstructure at
                                                                      the most visible point. The letters and numbers must be
                                                                      painted in a colour thai contrasts with the colour of/the
  (') Ol No I 2 4 > 7 . I IW: p. I.                                   tiull or superstructure and must not be obliterated, altered,
  (-•, oj N» 1 37& du 31.12.1990 p.77                                 covered or masked m any other way.
 ---pagebreak---                             Art,Je   i                          (c) external identification letters and numbers;
 1. licences my be issued lor shrimp fishing to vessels         (d) port of registration;
which fly ihe flag of one of (he countries listed in point 1 of
Annex I. The catch iju.iniiti'.s ainhoti/ed under such          (e) name .nul address of the owner or charterer;
licences, the maximum number of licences and the
                                                                (f) gross tonnage and overall length;
maximum number of days at sea during which such
licences are valid shall he as specified (or each country in
                                                                (g) engine power;
point I of Annex I.
                                                                (h) call sign and radio frequency;
                                                                (i) intended method of fishing;
2 The licences referred to in paragraph I shall be issued
on the basis of a tishmg plan submitted by the authorities      (|) species intended to be fished;
of the country concerned, approved by the Commission
and not exceeding the limits for the country concerned          (k) period for which a licence is requested.
spccilied in point 1 ol Annex 1.
                                                                 2. Each licence shall be valid for one vessel only. Where
                                                                several vessels are taking part in the same fishing operation,
 3. The period of validity of each of the licences referred to  each vessel must be in possession of a licence.
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.
                                                                                               Article 6
                                                                 I. To obtain a fishing licence for snapper or shark, as
 A. All licences rclcru'd to in paragraph I issued to vessels    referred to in Article 4, proof must be produced, in respect
 of a non-member country shall cease to be valid as soon as      of each of the vessels concerned, that a valid contract exists
 it is established that the quota laid down in point I of        between the shipowner applying for the licence and a
 Annex I for that country has been used up.                      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.
                            Article 4
  1. Licences m.i> be issued for the fishing of species other    2. The contract referred to in paragraph 1 must be
 thar. shrimps to vesst Is flying the flag of one of the         endorsed by the French authorities, which shall ensure that
 countries listed m point 2 ol Annex I. The maximum              it is consistent both with the actual capacity of the
  number ol such luenccs tor each country shall be as            contracting proiessing undertaking and with the objectives
 specified t.: point 2 ot Annex I.                               for the development of the Guianese economy. A copy cf
                                                                 the duly endorsed contract shall be appended to the licence
                                                                 application.
  2. Snapper fishing licences shall be granted subject to an
  undertaking by the owner of the vessel concerned to land        3. Where the endorsement referred to in paragraph 2 is
  75 "'.. of the catches m the French department of Guiana.       refused, the French authorities shall give notification of this
                                                                  refusal and state their reasons for it to the party concerned
                                                                  and the Commission
  3. Shark fishing licences shall be granted r>b|ect to an
  undertaking by the owner of the vessel concerned to land
  50 "L ol the catches in the French department of Guiana.                                      Article 7
                                                                  I icences may be cancelled with a view to issuing new
                                                                  licences. Such cancellation shall take effect on the d.ue of
                                                                  issuance ol the new licence by the Commission
                             Article S
   I . The      following   information    shall     accompany
                                                                                                ArtieI" H
  applications for liLeiu.s submitted to lie ( ouimission:
                                                                   1. Fishing for shrimps of the species Veruieus mhttli* and
   '.i) name of the vessr                                          I'eri.iem hr.i\ilictf>n shall be forbidden in waters of a depth
                                                                   less than Nl metres During these fishing activities earned
   ib) registration numb. • ;                                      out by vessels using trawls, hy-.atches shall be permitted.
 ---pagebreak--- 2. Tuna lishmg shall be authou/ed only loi vessels using           \. Before the ciul of each month, the Trench authorities
long lines.                                                       shall send to the Commission all the declarations referred
                                                                  to in paragraph 2 relating to the preceding month.
3. Snapper fishing shall be authorized only lor vessels
using long lines or traps.
                                                                                              Article  12
A. Shark fishing shall be authorized only for vessels using
                                                                   The granting of licences to vessels from third countries
long lines or mesh nets having a minimum mesh of 100 mm
                                                                  shall be sublet to the undertaking by the owner of the
and shall be forbidden in waters of a depth less than
                                                                  vessel concerned to permit an observer to come on board at
30 metres.
                                                                  the Commission's request.
                            Article 9
                                                                                              Article   li
A log-book, a model of which appears in Annex II, shall be
completed after each fishing operation. A copy of this             I. The Trench authorities shall take appropriate measures
log-book shall be sent to the Commission within 30 days of        to ensure that the obligations set out in this Regulation are
the last day of each fishing trip via the French                  complied with, including the regular inspection of vessels.
authorities.
                                                                   2. Where an infringement is formally ascertained, the
                                                                   French authorities shall, without delay, and in any event
                           Article  10                            not later than 30 days from the date on which the
                                                                  infringement was ascertained, inform the Commission of
 !. The master of each vessel ii: possession of a licence         the name of the vessel concerned and of any action they
referred to in Articles 3 and 4 (}}, a-, concerns tuna fishing,    may have taken.
shall observe the special conditions \rt out in Annex III,
and in particular forward the uiformat.-on specifies in the
Annex. These conditions shall form an in;-gral part of the
licence.
                                                                                               Article  H
 2. The master of each vessel in possession of a liceure as         I. Licences for vessels which have not complied with the
referred to in Article 4 (2) and (3) shall, on landing «he         obligations provided lor in this Regulation, including the
catch after each trip, submit to ihe Trench authorities a          obligation to land all or pan of the catches laid down in a
declaration, for whose accuiacy the master alone is                com;act as referred to in Article f> shall be withdrawn.
responsible, stating the qualities 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.                                                         No licrnc'" shall be issued to such vessels for a period of
                                                                   four to 12 n i n t h s from ihe date <:n which the infringement
                                                                   was committee;
                           Article  JI
                                                                    2. Where a vessel fishe wit'.iout a valid licence in the 'one
 I. The French authorities shall take all appropriate
                                                                    referred to in Article 1, and where that vessel belongs to a
 measures to verify the accuracy of the declarations referred
                                                                    shipowner or is managed l»y a natural or legal person who
 to in Article 10 (?.), by checking them in particular against
                                                                    has or exercises the management of one or more other
 the log-book referred to in Article 9. The declaration shall
                                                                    vessels to which licences have been issued, one of those
 be signed by the competent official after it has been
                                                                    licences may be withdrawn.
 verified.
  2   Ihe 1 rem h authorities shall ensure that all landings of      L Ihe granting of a lueiu" may be refused during the
 shrimps in the Trench depa'tment of Guiana by vessels in           period referred lo in paragraph I to one or more vessels
 possession of a licence as ref cried to m Article 4 (2) and ( \)   belonging to a shipowner who owns a vessel whose licence
 shall be the suh|cct of a declaration as referred to in Article    has been withdrawn under this Articl- or which has fished
  10(2).                                                            without a licence in the /one referred to in Article 1.
 ---pagebreak---                           Article  M                              corresponding licences laid down in Annex I for the
                                                                  duration of the extension, without that total being
If. tor a period of OIK month, the Commission receives no         exceeded,
communication as relrrred to in Article 12(1) concerning a
vessel in possession ol a licence referred to in Articles 3 and
4. the licence of such vessel shall be withdrawn.
                                                                                            Article  17
                          Article  16
                                                                  This Regulation shall enter into force on 1 January 1992.
The ;>enod of valuiitv of licences valid on 31 December
1991 pursuant to Article I of Regulation (FTC) No
-7Q-7t-/qr| may he extended, at the request of the authorities
of The country concerned, until 31 January 1992 Licences
thus extended shall be counted against the number of              It shall apply until 31 December 1 9 9 2 .
                  I his Regulation shall be binding in its entirety and directly applicable in all Member
                  States.
                  Done at Brussels,
                                                                                        lor the   Council
                                                                                          The President
 ---pagebreak---                                                                      ANNI          X I
I.   I n e m e \ referred t o in A ' t n l c I
                      Vcs»el\ llvu«i;          Q t u u i i i v <il j u i h o n / r d   M a x i m u m number >>l    M i x m u m nuni|vc( ill
                       the l l - i * ..1           I J U I K - N in tunnes             v e w e U w i t h a licence       Ja»» ... sr.
n.irb.uloN                                                       24                                    S                     1(H)
(iUI.ID.1                                                        24                                    S                     2(1(1
Surin.imr                                                      p.m.                                p.m.                     p.m.
 1 n n u l . u l .tritl ! <>b.ij;<i                              M.                                    H                      U(l
                                                                                     1
2. Licence» referred u> in A n n i e 4
                                                       Ve\»eU flying                     Mj»muini number
                         *> penes
                                                          the IIJK " '                         • it liiencec
(a) Tuna                                         |j(.an                                            p.m.
                                                Korea                                              p.m.
(b) Sn.ippers                                    Venezuela
                                                Harhados                                                s
(c) Shark                                        Venezuela                                             4
 ---pagebreak--- •WW» V »» ---pagebreak---                                                             4 \ W » \ »»»
                                                         Special conditions
1. Vessels in possession of J licence reterrcd 10 m Articlrv \ and 4 ( 1 ) { IhunnuUe) must communicaie information 10
   the Commission of the European Communities in Brussels (lelex 24IK1* EÏSEU-B) via the Trench authorities at ihc
   following limes:
   (a) on each entry into zones extending up to 2(H) nautical miles oil the COJSI of ihe Trench depanment of Guiana,
          hereinafter called 'ihe /one*;
   lb) whenever Ic.twng ihe zone.
   (c) whenever entering a port ol .1 Member State;
   (d* whenever leaving J port ol J Member State;
   '.i    evcr\ week m respect >>( the previous week (ruin the dale ol entiv into che zone referred to in ( J ) or from the
          iljie ol leaving the poil referred 10 in id)
2. Communications transirittcd m accordance with the conditions of (he licence at the times specified in I 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 ihe transmission lor ihe trio in question,
    — indication of which of ihc types            transmission, as set out in paragraph 1, is involved,
    — date,
    — ume.
    — geographical position,
    — quantity ol each species caught during the fishing operation (in kilograms),
    — i|u.unity ot each species caught since the previous transmission of information (in kilograms),
    — the geographical coordinates of ihe position where the catches were made,
    — quantities <•! catches, by species, transferred 10 other vessels (in kilograms) since ihe previous information,
    — the name, call sign and. where applicable, licence number of ihe vessel to which the catch was transferred,
    — the master's name.
 \    I lie liil.owiiij'. t(»de must be used in reporting species caught in anordance with paragraph 2:
    I'l N:      Hrown shrimp (fVnaeii/.ie);
    BOH:        Ailani'.. \c.i hob shrimp (Xvf>htt[n-njeu\ Jrrowrni,
    TUN:         luniiv;
    SK.H:       Shark.
     XXX:       Other
4. In cases where, for reasons of (une mj/eure, the Communication cannot be transmitted by the vessel in possession
    ol a licence, the message may he transmitted by another vessel on behalf of the former.
                                                                                                                            n
 ---pagebreak---              A SSI  V IV
Deciararton purtuani l<> Article 10 (2)
 ---pagebreak---                                                   ISSN 0254-1475
                                          C0M(91) 492 final
                                     DOCUMENTS
    EN
                                                          03
                  Catalogue number : CB-CO-91.544-EN-.
                                     ISBN92-77-78069-X
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