CELEX: 51978PC0729
Language: en
Date: 1978-12-15
Title: Proposal for a COUNCIL REGULATION (EEC) Laying down certain interim measures for 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 Guyana. (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (78) 729
Vol. 1978/0272
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                 ^                         COM ( 78 ) 729 final . ..
                             /                         A Brussels - 15 December 1978
                                                        .7
                                                   ■y /
                                          '/ . •* V •
                               Proposal for a
                          COUNCIL REGULATION ( EEC )
     laying down certain interim 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 Guyana .
               ( submitted to the Council by the Commission )
C0M(78 ) 729 final .
 ---pagebreak---                             EXPLANATORY MEMORANDUM
In January and May 197° "the Council adopted interim measures for the conser­
vation and management of fishery resources occurring in the waters of the
French Department of Guyana. These measures , which in the absence of any
Community vessels "based in the area applied only to vessels flying the flag
of non-member countries , laid down catch quotas , the numbers of fishing
vessels to be licensed and fishing days to be used, and lioensing and
reporting requirements for those countries which had previously fished in
these waters .
The underlying motive for the adoption of autonomous interim conservation
measures , namely, the need for more complete information on the technical
and biological factors affecting the shrimp fishery of French Guyana, still
applies at the end of 1978 *    It is unlikely that any additional information
on the state of the resource will be obtained before the meeting of a
regional scientific working party to be convened by the Western Central
Atlantic Fisheries Commission (WECAFC ) to examine the state of the Guyanas-
Brazil shrimp stock during the first half of 1979 *     In these circumstances ,
the Commission considers that the total allowable catch (TAC ) for shrimp in
French Guyanan waters should be provisionally maintained at the level of
1978 , that is , at 3»000 tons , subject to review following the proposed scien­
tific meeting#
As for allocations , the Commission believes that it is in the interest of all
countries whose vessels fish in French Guyanan waters that catch possibilities
be known for the entire year 1979 *    ^e Commission therefore proposes that the
Council adopt a Regulation laying down the conditions for fishing by foreign
vessels in Guyanan waters for the entire year 1979 « The Commission also
proposes that quotas be allocated according to the same guiding principles
as used in 1978 , that is : '
    - the need to guarantee full employment to vessels which supply the local
       processing plant in Cayenne ;
    - aiter these needs have been met , the allocation of the remaining quan­
       tity between other vessels in proportion to the number of vessels from
       each country which used to operate in these waters®
 ---pagebreak---                                       -   2 -
4. The Commission is informed that 81 vessels will be under contraot to land
   their catches in French Guyana in 1979®       "the "basis of average catch
   rates achieved during 1978 , this would mean that 2.025 "tons should "be
   reserved for these local vessels r leaving a farther      975 tons for other
   vessels .   (This last figure represents a reduction from the 1*240 tons
   allocated to non-local vessels in 1978).
5« Other provisions remain unchanged from the existing Regulation, except
   that certain reporting and licensing requirements have been brought into
   line with other Community regulations on these matters .
                                                              ι
6. The Commission believes that this regulation should be adopted on the basis
   of Article 43 of the Treaty.    In view of the urgency resulting from the ex­
   piry of the current Regulation , however , the Commission proposes that these
   measures be adopted by an interim Regulation under Artiole 103 , pending
   adoption following the normal procedures of a second Regulation based on
   Article 43 *
 ---pagebreak---                          COUNCIL REGULATION (ESC ) No . ...
                                  of
                Laying down certain interira rasasares for the conser­
                vation and management of fishery resources applicable
                to vessels flying the flag of certain non-member coun­
                tries in the 200 nautical mile zone off the coast of
                the French Department of Guyana .
THE CQJJNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economio Community and in
particular Arti cle 103 thereof .
Having regard to the proposal from the Commission,
Wherea^ the Council adopted , on 3 November 1976 , a set of resolutions concerning
certain external and internal aspects of the common fisheries policy:
Wherea£ in Regulation (EEC ) No . 1014/77(1 ) the Council laid down
certaih interim measures for the conservation and management of fishery resources
applicable to vessels flying the flag of certain third countries in the 200 mile
zone situated off the coast of the French department of Guyana , these measures
having been last extended by Regulation ( EEC ? No 1157/ 78(2 ) until 31 December 1978
Whereas the above-mentioned Regulations were adopted in order to establish
interim measures pending negotiations between the Corimunity and the countries
concerned for the conclusion of fishery agreements 1n the zone under consideration
whereas pending further scientific information concerning the fishery resources
of the zone concerned it will not be possible to open such negotiations , and
farther interim measures should therefore be adopted ;
Whereas the processing industry establi shed within the territory of the French
Department of Guyana continues to depend upon the landings of foreign vessels
fishing in French Guyanan waters ; whereas fishing by these vessels should
therefore be ensured ;
Whereas these measures must be adopted without delay , and it is therefore
necessary to adopt them as interim measures , on the basis of Article 103 of the
Treaty, subject to their being subsequent ly included in the common agricultural
policy ,
HAD ADOPTED THIS REGULATION:
                                                                       • •/• • •
( 1) 0J No . L 123 , 17.5.1977 , P- 1
 (2) 0J No . L I44, 31.5.1978, p. 11
 ---pagebreak---                                       Article 1
 1, ,      The only catcher which vessels flying the flag of a third country
 shall he authorized to take during the period 1 January to 31 December 1979
 in the fishing zone extending to 200 nautical miles , situated off the coast
 of the French Department of Guyana and covered "by Community rules on fisheries ,
 are laid down in Annex I «
                                                           »
 2®        Tha fishing quotas shall "be granted subject to compliance with the
 conservation and surveillance measures and all other provisions governing
 fishing in the zones referred to in paragraph 1 .
                                      Article 2
1®         Fishing within tne fishing zone referred to in Article 1 shall be
subject to the possession of a licence issued by the Commission on behalf of
the Community , and to observance of the conditions set out in the licence .
 These licences shall be issued to the authorities of the third countries
 concerned on demand within the limits indicated in paragraphs 2 and 3 .
2.         For fishing species other than shrimp , licences shall be issued for
vessels fishing with long lines for a number of vessels not exceeding that laid down
country in paragraph 2 . of Annex I.
3.         For shrimp fishing licences may be issued :
( a) to the vessels which are under contract to land their catches in the
      French department of Guyana, the number of which is laid down by country
      in paragraph 3 of Annex I.   These licences shall be valid from the date
      of issue until 31 December 1979 ?
(b ) to vessels other than those referred to in subparagraph ( a), on the basis
      of a fishing plan presented by the authorities of the country concerned
      aud approved by the Commission which may not provide for a total number
      of fishing days for all of the vessels covered by the fishing plan which
      exceeds the limit indicated in paragraph 4 of Annex I.    The maximum number
     number of vessels which may fish at any one time under a fishing plan is
      laid down by country in paragraph 5 of Annex I.    The validity of each of
     the licences issued on the basis of a fishing plan shall be limited to the
      fishing period provided for in the plan .
 ---pagebreak---  ^        Notwithstanding paragraph 3 , .all licences issued to the vessels of a
 third Country shall cease to "be valid as soon as it 'is established that the
 quota referred to in Article 1 is exhausted.
 the Coitynission shall inform accordingly the authorities of the country concerned
                                     Article 3
                                           •                                     •
1,        When an application for a licence is submitted to the Commission , the
following information shall be supplied s                *•
                                                                .
(a)  name of the vessel ;
(b ) régi st rat ion number ;
( c) external identification letters and numbers ;
(d)  port of régi strat ion;
(e)  name and address of the owner or charterer ;
( f) gross tonnage and overall length ;
(g)  engine power ;
(h)  call sign and radio frequencv;
(i)  intended method of fishing;
(j)  intended area of fishing;
(k)  species intended to be fished ;                •
(l ) period for which a licence is requested;               ,
2.        Each licence shall be valid for one vessel only .   When several
vessels are taking part in the same fishing operation , each vessel must be
in possession of a licence .
3.        The captains' of vessels holding a licence must comply with the special
conditions laid down in Annex II .    These conditions shall form part of the
licence .
 ---pagebreak---                                    Article 4
         The captains of vessels holding a licenoe for the fisheries mentioned
in Annex I must supply the information specified in the licence to the
Commission through a radio station in one of the Member States#
                                   Article 5
         The French authorities shall take appropriate measures to ensure the
implementation of Article 1 , including the regular inspection of vessels .
                                   Article 6
         Where an infringement is duly established the French authorities
shall , without delay, inform the Commission Of the name of the vessel
involved and details of any action they have taken#
                                   Article 7
         The validity of the licences issued by the Commission under paragraph
3(a) of Article 2 of Regulation (EEC ) No . 1157/78 is hereby extended."until
31 January 1979#
                                   Article 8
         This Regulation shall enter into force on 1 January 197 9 «
This Regulation shall be binding in its entirety and directly applicable in
all Member States .
Done at Brussels ,
                                                          For the Council ,
                                                           The President .
 ---pagebreak---                                  ÂSTNEX 1
Pishing possibilities for the period 1 January to 31 December 197 9 :
a) Species :       Shrimps :                      Quantity ( tonnes )
    Country :      Barbados :                           110
                   Guyana :                             110
                   Japan :                              677
                   Korea :                              262
                   Surinam :                            110
                   Trinidad and Tobago :                110
                   United States of America :         1.621
b) Species :       Tuna-like species :
                   Japan                           no limitation
    Country :                                             h
                   Korea
c ) Species :      Pish other than tuna-like
                   species :
                   Venezuela                       no limitation
    Country »
Number of vessels referred to in Article 2 ( 2)
 Japan :       5
Korea :       23
Venezuela     10
 Vessels referred to in Article 2 ( 3 ) ( a):.
United States of America;         59
                                  22
 Japan :
 Maximum number of fishing days referred to in Article 2 ( 3) ("b) :
 Barbados :                   ' 1.585
 Guyana :                       1.585
 Japan                          1.830
 Korea :                        3.775
 Surinam :                      1.585
 Trinidad and Tobago ;          1.585
 United States of America :     2.103
 Maximum number of vessels referred to in Article 2 ( 3) (^) :
  Barbados :                         9
                                     9
  Guyana:
                                    10
  Japan :
                                    21
  Korea :
  Surinam :                          9
  Trinidad and Tobago :              9
  United States of America *        12
 ---pagebreak---                                        Attira II
                                 Special Conditions
  1 » The fishing licence mast "be on hoard, the vessel .
  2. The registration letters and numbers of the licensed vessel must
i     be clearly marked on the bow of the vessel at both sides and on
      each side of the superstructure where it can best be seen.
1     The letters and numbers shall be painted in a colour contrasting
      with that of the hull or superstructure and shall not be effaced ,
      altered , covered or otherwise obscurod.
  3 . A log book must be kept in which the following details are to be
      entered after each haul :                             ..
      3.1 . The quantity ( in kg ) of each species caught ;
      3.2* the date and time of the haul ?
      3.3 . the geographical post ion in which the catches were made .
  4 . Information must be transmitted by the licensed vessel to the
      Commission of the European Communities at Brussels ( Telex address
      21877 COMEU ) via the radio station indicated in Artiole 6 , in
      accordance with the following - timetable :
      4.1 On each ocoasion the vessel enters the 200 naut,ical-mile
            fishing zone off the coasts of the Member States of the
            Commdnity which is covered by Community fisheries regulations ;
      4.2 on each occasion the vessel leaves the 200 nautical-mile
            fishing zone off the coasts of the Member States of the
            Community which is covered by Community fisheries regulations ;
      4.3 on each occasion the vessel enters a port of a Member State ;
      4.4 on each ocoasion the vessel leaves a port of a Member State?'
      4.5 - at weekly intervals , commencing either on the seventh day
            after the vessel first enters the fishing zone of the Member
            States , as indicated under 4»1 above or on the seventh day
            after the vessel leaves a port as indicated under 4*5 above .
  5 . The following details must be included in all messages transmitted
      in pursuance of condition 4 above :
      5.1    The date , the time , the geographical position ;
      5.2    the quantity , in kg , of each species of fish in the hold ;
      5*3
      5.3    the quantity ( in kg ) of each species caught since the previous
             transmission ;
      5.4    the geographical coordinates in which the catches were taken ;
      5.5
      5.5    the quantity ( in kg ) of each species transferred to other
             vessels since the previous transmission.
 ---pagebreak---                                           -2-
 o . The information to be communicated, in accordance with point 5
       must be transmitted in accordance with the conditions defined
       below :
 6.1 Every message relating to the fishing license must be preceded by
         the words PECHEUR BHJSSELS .
 6 » 2 All messages must be transmitted via the radio Btation below :
                       HAMB                        CALL SIGN
                       CAYfiMS                       FPJ
 6 . 3 * If it is impossible , for reasons of "force majeure", for the
   ■V message to be transmitted by the licensed vessel , "it may be
         transmitted on that vessel 's behalf by another vessel .
 6.4 - Content of message
         Messages transmitted , under the provisions of the license and , in
         accordance with the timetable set out in article 4 above must take
         into' account the details required under article 5 and- contain the
         following . information
         -. the code PECHEUR BRUSSELS ;
         - name of vessel :
         - call sign;
         - external identification letters and numbers ;
         - license number ;
         - serial number of the message for the voyage in question ;
         - indication of the type of message taking into account the different
            points mentioned under article 4     "the Special Conditions ;
         - the geographical post ion;
         - the quantity, in kg , of each species caught since the previous
            transmission ;
         - the geographical coordinates in which the catches were taken;
         - the quantity ( in kg ) of each spe cies transferred to other vessels
            since the previous transmission;
         - the name , call sign , and if applicable , the license number of the
            vessel to which the transfer was made ;
            the name of the masten
6,5 T*1® code to be used to indicate the quantities of fish on board as
        mentioned in 4 above :
             S shrimp (Penaeidae )