CELEX: 51982PC0081
Language: en
Date: 1982-03-01
Title: Proposal for a COUNCIL REGULATION (EEC) laying down 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 Guyana (submitted to the Council by the Commission)

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COM (82) 81
Vol. 1982/0030
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                          COM(82)81 final
                                                          Brussels , 1 March 1982
                                       Proposal for a
                           COUNCIL REGULATION ( EEC )
laying down 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 Guyana
                                   .Ν   .             "'Ά
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                ( submitted to the Council by the Commission )
C0M(82 ) 81 final
 ---pagebreak---                                                                                  A
                                                   CowLtl
                              EXPLANATORY MEMORANDUM
 1.   The regulation which is the subject of the present proposal lays down
      the rules applicable to fisheries of Third. Countries vessels in the
      fishing zone of the French Department of Guyana during the period
      1 April 1982 until 31 March 1983 .
2 . . The proposed regulation is fundamentally identical to Council
      Regulation ( EEC ) No . 848/81 ( l ) which lays down this system for
      the period 1 April 1981 to 31 March 1982 ,      The proposed modifications
      concern the number of licences for shrimp fisheries as well as the
      system applicable to vessels obliged to land their catches in the
      French Department of Guyana .
3.    It is proposed to reduce the number of licences granted to vessels
      flying the flag of Corea , of the United States of America and of
      Japan that are obliged to land all their catches in Guyana .
      In fact , for I98I , 81 licences only have been accorded of the 100 authorized
      for by Regulation ( EEC ) No . 848/81 . These 8l licences represented
      the processing capacity of local transformation industries .
      In 1982, 5 to 7 French vessels being constructed (presently ) are
      going to fish iu the waters of Guyana and will land their catches
      in this Department . Given that , the capacity of local transformation
      industries will not be increased , it is therefore necessary to reduce
      the number of licences to 16 in order to take the catches of these new
      vessels into account .
4.    In addition , a reinforcement of the control system and a simplification
      of communications of the member state concerned to the Commission is
                                                       %
      proposed for vessels obliged to land their catches in Guyana .
( 1 ) J.O. No . L 87 , 1.4.1981 , p.l
 ---pagebreak--- Finally it is proposed not to accord neither quotas nor licences to
vessels flying the flag of third countries that have not asked for
licences in I98I and that have not exercised shrimp fisheries in this
zone , namely vessels from Barbados and from Guyana . For vessels from
Trinity and Tobago which received licences but did not carry out the
communications foreseen by the Community Regulation , a dimunition of
30 % of quotas and licences is proposed .
 ---pagebreak---                                                      Proposal for a
                                             COUNCIL REGULATION (EEC)
                  laying down 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 Guvana
THF. COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European
Economic Community, and in particular Article 43                       Whereas the other technical and control measures
thereof,                                                               applicable under Regulation (EEC) No 848/8I should
                                                                       be maintained ,
Having regard to the proposal from the Commission ( ' ),
Having regard to the opinion of the European                           HAS ADOPTED THIS REGULATION :
Parliament ( 2),
                                                                                                 Article 1
W hereas since 1977 the Community has operated a
s\stcm of conservation and management of fishery
                                                                        1 . Vessels flying the flag of one of the countries listed
resources applicable to vessels flying the flag of certain              in Annex I shall be authorized, during the period 1
n<>n-member countries in the 200 mile zone off the coast
of the French department of Guyana, most recently laid
ui    tilt i turni  ULUdiiiiiviu vi   viuraiiut         1 vvviuir uiim
                                                                        April 198 2 to 31 March 198 3 to catch the species listed
                                                                            •     • 1 *      •»/-•»•                /
  .        .    «        - in       1   1*      '/ rr /ss m' o / o / o^min the said Annex in the fishing zone zone of 200 nautical
down by Council Regulation ( EEC ) No                                      feoff .beeoas.of ,he French depann,en, of Guv™,
whereas the Utter expires on 31 March 1982, in c„„(,„mlty with thc c„nJitl„ns                                         Jo„„ in Ihis
                                 , ,               ,       , ,    ,     Regulation.
\\ hereas the continuity of the system beyond the date
mentioned should be assured, in particular by                          2. By-catches shall be authorized provided they are
maintaining the restriction on shrimp fishing in the zone              taken whilst fishing as authorized by a licence as referred
in order to conserve the stock and ensure adequate                      to in Article 2.
profitability for the fishermen concerned ;
NX ncrcas the shrimp-processing industry based in the                                            Article 2
i rench department of Guyana depends on landings from
vissels of non-member countries operating in the fishing                1 . Fishing in the fishery zone referred to in Article 1
zone off that department;                                               shall be subject to thc possession on board of a licence,
                   it is necessary "to ensure "that                     issued by the Commission on behalf of the Community,
\\ hereas, therefore,           /             those vessels which      and to the observance of the conditions set our in that
are under contract to land their catches in thc French                 licence and the control measures and other provisions
department of Guyana can continue to fish ,                             regulating fishing activities in that zone.
Whereas the cuotas and number of
                                                                       2.     Such licences shall be issued on request to the
licences             allocated to vessels of third                      authorities of the non-member countries concerned.
    countries that did not use the possibi­
    lities offered to them under Regulation . 3 . The registration letters and numbers of a vessel in
    ( ZEC ) No 848/81 should be reduced ;                               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 effaced,
                                                                        altered, covered or masked in anv other way.
 ( 1 ) oj ï:o c
 ( 2 ) OJ Ko C
 ( 3 ) OJ No L 87 , 1.4.1981 , P.                         1.
 ---pagebreak---                            Article J                           (a) name of die vessel ;
  1 . Licences may be issued for shrimp fishing to vessels     (h) registration number;
 which fly the flag of one of the countries listed in point 1  (c) external identification letters and numbers ;
 of Annex I and which are under contract to land all their
 catches in the French department of Guyana . The              (d ) port <>f registration ;
 maximum number of licences is specified in point 1 of         (e) name and address of the owner or charterer;
 Annex I.
                                                               ( f) gross tonnage and overall length ;
 2.     These licences shall Cease to be valid when the
 contract concerned comes to an end, and in any case not       (g) engme povver;
 later than 31 March 1 98 3 •                                  (h ) cal ! sign and radio frequemy;
                                                               (i) intended method of fishing;
                                                               (j ) species intended to be fished ;
                           Article 4
                                                               (k) period for which a licence is requested.
 1.     Licences mav be.issued for vhrimn fishing to vessels
                                           which fly the fîag 2. Each licence shall be valid for one vessel only.
of one of the countries listed in point 2 of Annex I. The      Where several vessels are taking parr in the same fishing
catch quantities authorized under such licences, the          operation , each vessel shall be in possession of a licence.
maximum number of licences and the maximum number
of days at sea during which such licences are valid shall
be as specified for each country in point 2 of Annex I.
                                                                                         Article 7
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         1 . To obtain a licence as referred to in Article 3, proof
Commission and not exceeding the maximum number               must be produced, in respect of each of the vessels
for the country concerned specified in point 2 of Annex 1.    concerned , that a valid contract exists between the
                                                              shipowner applying for the licence and a shrimp-
3 . The validity of each of the licences referred to in       processing undertaking in the French department of
paragraph 1 shall be limited to the fishing period            Guyana and that it includes an obligation to land all
provided for in the fishing plan on the basis of which the    catches of shrimps from the vessel concerned in that
licence was issued.                                           department so that they may be processed , packed
                                                   t
                                                              and stored in that undertaking .
4. All licences referred to in paragraph 1 issued to
vessels of a third country shall cease to be valid as soon    2. The contract referred to in paragraph 1 must be
as it is established that the quota laid down in point 2 of   endorsed by the French authorities, which shall ensure
Annex I for that country has been used up.                    that it is consistent with the actual capacity of the
                                                              contracting processing undertaking.
                                                              3.      Where the endorsement referred to in paragraph 2
                           Article 5
                                                              is refused , the French authorities shall give notification of
                                                              this refusal and state their reasons for it to the party
                                                              concerned and the Commission .
1 . Licences may be issued for species other than
shrimps to vessels flying the flag of one of the countries
listed in point 3 of Annex 1. The maximum number of
such licences for each country shall be as specified in
point 3 of Annex 1.                                                                      Article S
2. Licences for fishing thunnidae shall be granted             1.    A licence application shall be submitted at least one
subject to an undertaking by the owner of the vessel          month before the desired date of commencement of
concerned to permit an observer to come aboard at the         validity.
Commission's request.
                                                              2.     Licences may be cancelled with a view to the
                                                              issuing of new licences. Such cancellation shall take effect
                                                              on the first day of the month following that in which the
                           Article 6                          licences are returned to the Commission .
1.     The following information shall accompany              New licences shall be issued in accordance with
applications for licences submitted to the Commission :       paragraph 1 .
 ---pagebreak---                            • Article 9                           .1 .   Before the 1 -5ih of each month , the French
                                                                 authorities shall ;, send to the Commission all the
  1.      Shrimp fishing in the fishing zone referred to in    declarations referred to in paragraph 2
 Article 1 shall be prohibited                                 relating to__thej preceding month .
        . in waters less than 30 metres deep.
2, Only vessels using long lines shall be permitted to
 fish for species other than shrimp.
                            Article 10                                                      Article 13
1 . A log-book shall be kept in which theJbltowing                1 . The French authorities shall take appropriate
information sbaJl be entered after each fishing operation :      measures to ensure implementation of this Regulation,
                                                                 including the regular inspection of vessels.
(a) size of catch by species (live weght^in 'kg) ;
fb) the date and time of the beginning and end of die            2.     Where an infringement is formally ascertained, the
     . fishing operation;                                        French authorities shall, without delay, inform the
                                                                 Commission of the name of the vessel concerned and of
(c) the position at sea at the time of the fishing               any action thev mav have taken .
       operations .
2. A copy of each page of the log-book referred to in                                       Article 14
paragraph 1 containing the information specified therein
shall be forwarded to the Commission within 30 days of            1 . Licences for vessels which have not complied with
the last day of each fishing trip.                               the obligations provided for in this Regulation or the
                                                                 landing obligation laid down in a contract as referred to
                                                                 in Article 3 may be withdrawn.
                            Article 1 1
                                                                 2.     Where a vessel fishes without a valid licence in the
1 . The master of each vessel in possession of a licence         zone referred to in Article 1 . and where that vessel
referred to in Articles 4 and 5 shall observe the special        belongs to a shipowner who has one or more other
conditions set out in Annex li in particular the                 vessels to which licences have been issued, one of these
obligation to forward the information specified in the           licences may be withdrawn.
Annex via the radio station indicated therein . These
conditions shall form an integral part of the licence.           3 . A vessel which has failed to comply with the
                                                                 obligations provided for in this Regulation.                   \
2.       The master of each vessel in possession of a licence                                                                   \
as referred to in Article 3 shall , on landing the catch after                   ;or with the landing obligation laid down in
each trip, submit to the French authorities a declaration        a i omi'.u t~.is referred to in Artiile \ shall not In granted
for whose acuiracy the master alone is responsible,              a lueiHc lor a period ol tiom loin to 12 months from the
stating the quantities of shrimp caught and kept on              date when the infringement was committed.
board since the last declaration . This declaration shall be
made using the form a model of which appears in Annex           4.      No licence shall be issued during the period
                                                                 referred to in the previous paragraph t<> a \ essei
                                                                 belonging to a shipowner who also 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 12
                                                                Article 1 .
1 . The French authorities shall take al] appropriate
measures to verify the accuracy of the declarations
referred to in Article 11 (2 ), by checking them in                                         Article 15
particular against the log-book referred to in Article 10.
 i he declaration shall be signed by the competent official     1.      If, for a period of one month, the Commission
after it has been verified.                                     receives no communication as referred to in Article 1 1
                                                                ( 1 ) concerning a vessel in possession of a licence referred
2.       The French authorities shall ensure that all landings  to in Articles 4 and 5, the licence of such vessel shall be
of shrimps in the French department of Guyana by                withdrawn.
vessels in possession of a licence as referred to in Article 3
shall be the subject of a declaration as referred to in
Article 11 12).
 ---pagebreak--- 2.     If, for a period of one month , a vessel in possession      against the number of corresponding licences fixed 111
of a licence as referred to in Article 3 has made no use of        Annex 1 (or the duration of the prolongation.
it, the licence of such vessel shall be withdrawn , except
- if the vessel is under reDair ;
- in cases of force maieure .                                                              Article 17
                          Article 1 6
                                                                   This Regulation shall enrer into force on the day of its
Licences valid on 31 Marchl9o2pursuant to Article 3 of             publication in the Official journal of the European
Regulation ( EEC) No               may be prolonged, at the        Communities.
request of the authorities of the country concerned, until
15 May1982.Licences thus prolonged are to be counted -             It shall apply from 1 April 19&until 31 March 19^3
                This Regulation shall be binding in its entirety and directly applicable in all Member States.
                Done at                  -          .
                                                                                   For the Council
 ---pagebreak---                                                       ANNEX I
 1. Licences referred to in Article 3 :
               Vessels flying the flag of                             Maximum number <>f licences
USA
Japan                                                                               76
Korea
2. Licences referred to in Article 4 :
                                    Maximum number
Vessels flying                                               Quantity of authorized      Maximum number
                                      of vessels with
the flag of                               a licence
                                                               catches in tonnes            of days at sea
Barbados                                     p.m .                  ρ #πι ·                    Ρ . ID .
Guyana                                       ρ « πι .               p#m .                      p.m .
Surinam                                      144                       IK                       ι 200
Trinidad and Tobago                             60                      ï                         600
3. Licences referred to in Article 5 : -
Species                                   Vessels flying                    Maximum number of licences
                                           the flag of
(a) Tunny                                     Japan                                     5
                                              Korea                                    10
(b) Others                                 Venezuela '                                  6
                                           Barbados                                     5
 ---pagebreak--- C                                                                                               '
                                                                           .      . . ..       A
                                                       ANNEX II
                                                    Special conditions
            1
    I. Vessels in possession of a licence referred to in Articles 4 and 5 must communicate information to the
       . Commission of the Kuropean Communities in Brussels (address: telex 2418V HSI.U-li) via the
           Cayenne radio station (call sign I'M ) at the following times :
           (a) on each entry into /.ones extending up to 200 nautical miles off the coast of the French department
               of Guyana, 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 ).
     I
   2i Communications transmitted in accordance with the conditions of the licence at the times specified in
. i 1 above should include the folli-wing particulars, where appropriate, and should be transmitted in the
      ! following order:
       j – name of vessel ;
       ! – radio cali 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 I , is involved;
          – date;
          – time :
          – geographical position;
           – for vessels in possession of a licence referred to in article 3 ,
               the activity of the vessel during the period (under way, fishing,
               at anchor^ in harbour , unloading, , ,under repair , others ).
  • – quantity of each species caught during the fishing operation (in kg);
         – quantity of each species caught since the previous transmission of information ( in kg);
    • – the geographical coordinates of the position where the catches were made;
         – quantities of catches, by species, transferred to other vessels ( in kg) since the previous
  1           information;                                                   %
         – 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:
         S: Brown shrimp ( Penacidac);
         2: Tunny ;
         R: 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.
          4
 ---pagebreak---                                                                ANNl.X III
                                                 Dccl.ir.nion pursunnt to Artide 1 1 (2 )
                                                  LANDING DECLARATION ( ' )
Name of vessel :                                                                        Registration No:
Name of mascer:                                                                         Name of agent:
Master's signature:
Voyage made from the                                                        to the
Port of landing:
                                                          Quantity of shrimps
                                                          landed ( in live weight)
                                                                                                                     Nir.n.iiuii' o f
                                                                                                                     minroî i)t(iur :
(*) 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 ihe European
    Communities.