CELEX: 31990R3935
Language: en
Date: 1990-12-20 00:00:00
Title: Council Regulation (EEC) No 3935/90 of 20 December 1990 laying down for 1991 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

31 . 12 . 90                            Official Journal of the European Communities                               No L 378 / 77
                                       COUNCIL REGULATION (EEC) No 3935 / 90
                                                     of 20 December 1990
                 laying down for 1991 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
TEH COUNCIL OF THE EUROPEAN COMMUNITIES,                           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 department;
                                                                   whereas therefore a number of those licences are subject to
Having regard to the Treaty establishing the European              changes on the basis of that scientific advice;
Economic Community,
                                                                   Whereas the technical and control measures applicable
Having regard to Council Regulation (EEC) No 170 / 83 of           under Regulation (EEC) No 3939 / 89 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 1 1 thereof,
Having regard to the proposal from the Commission ,
                                                                   HAS ADOPTED 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 1
conservation measures necessary to achieve the aims set out
in 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 1991 to fish for the species listed in the said
Whereas, since 1977 , the Community has operated a                 Annex in the part of the 200-nautical-mile 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 flying the flag of certain         than 12 nautical miles from the base lines, in conformity
non-member countries in the 200-nautical-mile-zone 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 3939 / 89 (2);
whereas the latter Regulation expires on 31 December
1990 ;                                                                                        Article 2
                                                                    1 . Fishing in the fishery zone referred to in Article 1 shall
Whereas the continuity of the system should be assured, in         be subject to the possession on board of a licence, issued by
particular 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 the
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
department 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
department;                                                         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 are under contract to land their catches in the
French department of Guinea can continue to fish ;                  3 . The registration letters and numbers of a vessel in
                                                                   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
W OJ No L 24 , 27 . 1 . 1983 , p . 1 .                              hull or superstructure and must not be obliterated , altered,
(2) OJ No L 379, 28 . 12. 1989, p. 1 .                              covered or masked in any other way.
 ---pagebreak--- No L 378 / 78                            Official Journal of the European Communities                                    31 . 12 . 90
                          Article 3                                 (c) external identification letters and numbers;
1 . Licences my be issued for shrimp fishing to vessels             (d) port of registration;
which fly the flag of one of the countries listed in point 1 of
Annex I. The catch quantities authorized under such                 (e) name and address of the owner or charterer;
licences, the maximum number of licences and the
maximum number of days at sea during which such                     (f) gross tonnage and overall length ;
licences are valid shall be as specified for . each country in      (g) engine power;
point 1 of Annex I.
                                                                    (h) call sign and radio frequency;
                                                                    (i) intended method of fishing;
2. The licences referred to in paragraph 1 shall be issued
on the basis of a fishing plan submitted by the authorities         (j ) 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 .
specified in point 1 of Annex I.
                                                                    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
                                                                     1 . To obtain a fishing licence for snapper or shark, as
4 . All licences referred to in paragraph 1 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 1 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 may be issued for the fishing of species other         2. The contract referred to in paragraph 1 must be
than shrimps to vessels flying the flag of one of the                endorsed by the French authorities, which shall ensure that
 countries listed in point 2 of Annex I. The maximum                 it is consistent both with the actual capacity of the
number of such licences for each country shall be as                contracting processing undertaking and with the objectives
 specified in point 2 of Annex I.                                    for the development of the Guianese economy. A copy of
                                                                    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 in 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 subject to an
undertaking by the owner of the vessel concerned to land
 50 % of the catches in the French department of Guiana.                                        Article 7
                                                                     Licences may be cancelled with a' view to issuing new
                                                                     licences . Such cancellation shall take effect on the date of
                                                                     issuance of the new licence by the Commission.
                           Article 5
 1 . The following information shall accompany
                                                                                               Article 8
 applications for licences submitted to the Commission:
                                                                     1 . Fishing for shrimps of the species Penaeus subtilis and
 (a) name of the vessel ;     <                                      Penaeus brasiliensis shall be forbidden in waters of a depth
                                                                     less than 30 metres. During these fishing activities carried
 (b) registration number;                                            out by vessels using trawls, by-catches shall be permitted.
 ---pagebreak--- 31 . 12 . 90                               Official Journal of the European Communities                              No L 378 / 79
2. Tuna fishing shall be authorized only for vessels using            3 . Before the end of each month , the French 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 for vessels
using long lines or traps.
                                                                                                 Article 12
4. 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 subject 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 13
A log-book, a model of which appears in Annex II, shall be
completed after each fishing operation. A copy of this                 1 . The French 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
                           Article 10
                                                                      French authorities shall , without delay , and in any event
                                                                      not later than 30 days from the date on which the
                                                                      infringement was ascertained, inform the Commission of
1 . The master of each vessel in possession of a licence              the name of the vessel concerned and of any action they
referred to in Articles 3 and 4 ( 1 ), as concerns tuna fishing,      may have taken.
shall observe the special conditions set out in Annex III ,
and in particular forward the information specifies in the
Annex. These conditions shall form an integral part of the
licence.
                                                                                                 Article 14
2. The master of each vessel in possession of a licence as             1 . Licences for vessels which have not complied with the
referred to in Article 4 (2) and ( 3 ) shall , on landing the         obligations provided for in this Regulation , including the
catch after each trip , submit to the French authorities a            obligation to land all or part of the catches laid down in a
declaration, for whose accuracy the master alone is                   contract as referred to in Article 6 shall be withdrawn .
responsible, stating the quanties 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 licence shall be issued to such vessels for a period of
                                                                      four to 12 months from the date on which the infringement
                                                                      was committed .
                           Article 11
                                                                      2 . Where a vessel fishes without a valid licence in the zone
1 . The French authorities shall take all appropriate
measures to verify the accuracy of the declarations referred          referred to in Article 1 , and where that vessel belongs to a
to in Article 10 ( 2), by checking them in particular against         shipowner or is managed by a natural or legal person who
the log-book referred to in Article 9 . The declaration shall         has or exercises the management of one or more other
                                                                      vessels to which licences have been issued, one of those
be signed by the competent official after it has been
verified .                                                            licences may be withdrawn.
2. The French authorities shall ensure that all landings of           3 . The granting of a licence may be refused during the
shrimps in the French department of Guiana by vessels in              period referred to in paragraph 1 to one or more vessels
possession of a licence as referred to in Article 4 (2) and ( 3 )     belonging to a shipowner who owns a vessel whose licence
shall be the subject of a declaration as referred to in Article       has been withdrawn under this Article or which has fished
10 (2).                                                               without a licence in the zone referred to in Article 1 .
 ---pagebreak--- No L 378 / 80                             Official Journal of the European Communities                               31 . 12 . 90
                           Article 15                                corresponding licences laid down in Annex I for the
                                                                     duration of the extension, without that total being
If, for a period of one month , the Commission receives no           exceeded .
communication as referred to in Article 12 ( 1 ) concerning a
vessel in possession of a licence referred to in Articles 3 and
4, the licence of such vessel shall be withdrawn.
                                                                                               Article 1 7
                           Article 16
The period of validity of licences valid on 31 December              This Regulation shall enter into force on 1 January 1991 .
1990 pursuant to Article 1 of Regulation (EEC ) No
3939 / 89 may be extended, at the request of the authorities
of the country concerned , until 31 January 1991 . Licences
thus extended shall be counted against the number of                 It shall apply until 31 December 1991 .
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States .
                  Done at Brussels, 20 December 1990 .
                                                                                           For the Council
                                                                                            The President
                                                                                            P. BUKMAN
 ---pagebreak--- 31 . 12. 90                               Official Journal of the European Communities                             No L 378 / 81
                                                                  ANNEX 1
            1 . Licences referred to in Article 3
                         Vessels flying            Quantity of authorized Maximum number of      Maximum number of
                           the flag of                catches in tonnes   vessels with a licence     days at sea
            Barbados                                           24                     5                 200
            Guiana                                             24                     5                 200
            Suriname                                         p.m .                 p.m .               p.m .
            Trinidad and Tobago                                60                     8                 350
            2. Licences referred to in Article 4
                                                        Vessels flying     Maximum number
                             Species
                                                          the flag of           of licences
            ( a) Tuna                               Japan                          p.m .
                                                    Korea                          p.m .
            (b) Snappers                            Venezuela                       35
                                                    Barbados                          5
            (c) Shark                               Venezuela                         4
 ---pagebreak---                                                                                    ANNEX II
   FICHE DE PÊCHE                                       LOG SHEET
   Nom du navire                                        Nation
   Vessel name
   N" d immatriculation -                               N° de licence ZEE -
   Official No                                          Fishing licence No
   Nom du capitaine —                                   Nbre equipage
   Captain's name                                       No in crew
   Depart de                                            Date
   Depart from
   Débarquement a                                       Date
   Landed at
                                                                                        Crevettes  Crevettes conservées a bord
                                        Nombre de fois     Total        Queues
                                         oil les engins  heures de     de crevette       entières  Shrimps retained on board
Mois / Month         Sonde Jour ou nuit  ont etc mis a                                                                         Vivaneaux Requins Thonides
             Zone n°                                       pêche     ■ «Head-off»      « Head-on »   Penaeus :   „   ,                    Shark
 Jour / Day                Day or night  1'eau / Number                                                                         Snapper           Tuna
                     Depth
                             (D or N )   of times gear    Hours          shrimp           shrimp      subtilis   Xyphopenaeus
                                              is shot      fished         ( kg)            ( kg)    brasiliensis    kroyerii
 ---pagebreak--- 31 . 12 . 90                                  Official Journal of the European Communities                                     No L 378 / 83
                                                                   ANNEX 111
                                                                 Special conditions
           1 . Vessels in possession of a licence referred to in Articles 3 and 4 ( 1 ) ( Thunnidae) must communicate information to
                the Commission of the European Communities in Brussels (telex 24189 FISEU-B) via the French authorities at the
                following times:
                (a) on each entry into zones extending up to 200 nautical miles off the coast of the French department of Guiana,
                    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).
            2 . Communications transmitted in accordance with the conditions of the licence at the times specified in 1 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 the transmission for the trip in question ,
                — indication of which of the types of transmission, as set out in paragraph 1 , is involved,
                — date ,
                — time,
                — geographical position,
                — quantity of each species caught during the fishing operation (in kilograms),
                — quantity of each species caught since the previous transmission of information (in kilograms),
                — the geographical coordinates of the position where the catches were made,
                — quantities of catches, by species, transferred to other vessels (in kilograms) since the previous 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:
                PEN : Brown shrimp (Penaeidae);
                BOB: Atlantic sea bob shrimp (Xypbopenaeus kroyerii);
                TUN: Tunny;
                SKH : Shark;                                                                                 ^
                XXX : Other .
           4. In cases where, for reasons offorce 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.
 ---pagebreak--- No L 378 / 84                                Official Journal of the European Communities                                         31 . 12 . 90
                                                                  ANNEX IV
                                                     Declaration pursuant to Article 10 (2)
                                                        LANDING DECLARATION (*)
  Name of vessel :                                                                        Registration No:
  Name of master :                                                                        Name of agent:
  Master's signature:
   Voyage made from the                                                       to the
   Port of landing:
  I                                               Quantity of shrimps 1 anded (in live weight)
         'Head-off shrimps :                                                                          kg
                                                      or (      x 1,6) =                              kg (head-on shrimps)
         'Head-on' shrimps :                                                                          kg
         Thunnidae:                                         kg              Snapper (Lutjanidae):                           kg
         Shark                                              kg              Other                                           kg
   ( J ) 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 the European
         Communities .