CELEX: 51980PC0440
Language: en
Date: 1980-07-28
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 (Presented by the Commission to the Council)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (80) 440
Vol. 1980/0155
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                COM(80)440 final
                                                Brussels , 28 July 1980
              PROPOSAL FOR A COUNCIL REGULATION ( EEC )
   la ying down certain ;measures for the conservation and management
   of fishery re scarce s applicable to vessel s flying the fla,? of
   Certain nor -member countries in the 200 nautical-mile zone off
   the coast of the French department of Guyana
              ( Presented "by the Commission to the Council )
                                                   ^       .Λ
                                     i
   C0:-ï(80 ) 440 final
 ---pagebreak---                         EXPLANATORY MEMORANDUM
 On 20 December 1979 , the Council adopted Regulation (EEC) No 3023/79 .
 laying down for 1 980 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, This Regulation was adopted by the Council
on the' basis: of Article 103 of the Treaty, subject to its being replaced
later by a Regulation based on Article 43 , on which moreover the original
regulation proposed by the Commission had been based.
        •"            *                               I.
                  / .         • •
Pi6aing conditions in "the zone in (question have "been changing "to some extent
in the first half of 1980 and the Commission considered it advisable to
await the results of these changes so that they could be taken into account
in the regulation intended to replace the one at present in force .
One of the factors in the present situation is that new means of production
have become available to the - local shrimp–processing industry in this French
department . To take account of this , the number of licences issued on a
permanent basis to vessels under contract to land their entire catch there
should be doubled . Further , the growth of the fishing industry in Trinidad
and Tobago justifies more favourable treatment for this ACP country .
Information available to the Commission with respect to the shrimp stock in
this zone indicate that the proposed increase in the fishing effort is
unlikely to impair the condition of the stock .
Another point is that the provisions in Regulation No 3023/79 with respect
to control and penalties in case of infringement have proved inadequate .     To
rectify this state of affairs , some of the rules should be revised or amplified
in the new instrument ,                                                .
For the foregoing reasons , the Commission recommends that the Council , after
consultations with the European Parliament , adopt the attached proposal for
a regulation,
 ---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 Guyana .
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Community ,
and in particular Article 43 thereof ,
Having regard to the proposal from the Commission ,
                                                         1
Having regard to the Opinion of the European Parliament ,
Whereas the rational management of fishery resources in the 200 nautical mile
zone off the coast of the French department of Guyana calls for a set of
permanent rules and regulations :
                                         9
Whereas in Regulation (EEC) No 3023/ 79 'the Council laid down for 1980 certain
measures for the conservation and managment 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 ;
Whereas that Regulation was adopted as an interim measure , on the basis of
Article 103 of the Treaty ; whereas it should now be replaced by a Regulation
based on Article 43 of the Treaty ;
Whereas the processing industry established on the territory of the French
department of Guyana depends on landings from vessels of non-member countries
operating in the maritime waters of the department ; whereas , therefore , measures
should be taken to ensure that those vessels which are under contract to land
their catches in the French department of Guyana can continue to fish ,
( 1 ) 0J No
( 2 ) 0J No L 340 , 31.12.1979 , P. 11 .
 ---pagebreak--- HAS ADOPTED THIS REGULATION:
                             Article 1
Vessels flying the flag of one of the countries listed in Annex I shall he
           during
authorized ' the period 1 January to 31 December 1980 to catch the species
listed in point 1 of the said Annex up to the quantities specified therein
for each country , in the fishing zone of 200 nautical miles off the coast
of the French department of Guyana and shall be subject to the Community ,
rules on fisheries in conformity with tiie conditions laid down in this
Regulation.
                             Article 2
1.    Pishing in the fishing zone referred to in Article 1 shall be subject
to the possession on board of a licence , issued by the Commission on behalf
of the Community , and to the observance of the conditions set out in that
licence and the control measures and other provisions, regulating fishing
activities in that zone .
2.    Such licences shall be issued on request to the authorities of the
non–member countries concerned subject to the Limits referred to in Articles 3
and 5 .                                              ■ ' ■
                                                                            ».
                           Article 3
1.    Licences may be issued for shrimp fishing to vessels . which are under
contract to land all their catches in the French department of Guyana,
 subject to the maximum for each country specified in point 2 of
Annex I.                                                      '
2.    These licences shall cease to be valid when the contract concerned
 comes to an end , and in - any case not Later
than 31 December 1980 .
                           Article 4
1 . Licences Bay "be issued for shrimp fishing "to vessels other than those
referred to in Article . 3 , subject^tp the maximum for each country specified
 in 'coint 3 of Annex I.    The number of vessels authorised to fish •
 ---pagebreak---                               - 3 -
 at the . same time and the maximum number of sea days during xvhich such
                                                                s
 licences are valid shall "be as specified for each country in the
 said Point 3 .
 2.    The licences referred to in paragraph 1 shall "be issued on the basis
 of a fishing- plan presented "by the authorities of the country concerned ,
 approved "by the Commission and complying with, the maximum number for the
 country concerned specified "in Point 3 of Annex I.
 3.    The validity of each of the licences referred to in paragraph 1 shall
"be limited t'o the fishing period provided for in the fishing plan on the
"basis of which the licence was issued .
                            Article 5
For species other than shrimps , licences may be issued for vessels up to the
maximum number for each country specified in Point 4 of Annex I.
                            Article 6
 1.    The following information shall accompany applications for licences
 submitted to the Commission :
 ( a) name of the vessel ;
 (b)  registration number ;
 ( c) external identification letters and numbers ;
 (d)  port of registration ;
 (e)  name ana address of the owner or charterer ;
 ( f) gross tonnage and overall length ;
 ( g) engine power ;
 (h ) call sign and radio frequency ;
 (i)  intended method of fishing;
 ( j) intended fishing zone ;
 (k)  species intended to be fished ;
 (l)  period for which a licence is requested .
 2.    To obtain a licence as referred to in Article 3 , i"t must be shown for
 each of the vessels concerned that there is a valid contract between the
applicant for the licence and a shrimp–processing plant in the French department
 of Guyana and that this contract stipulates that all catches of shrimps from
 ---pagebreak---                            -4 -
3.     Each licence shall be valid for one vessel only .    Where more than one
vessel is taking part in the same fishing operation , each vessel shall be in
possession of a licence .
4.     The fishing licence shall be kept on board the vessel .
                        Article 7                             -
1.     A licence shall take effect at the earliest 15 days following the lodging
of an application therefor .
       Without
2.      , prejudice to Article 4 » all the licences referred to }n Articles 4 and
5 issued to vessels flying the flag of a non–member country shall expire as
soon as it is established that the quota laid down for that country under
paragraph 1 of Annex I has been exhausted .
        • • . ,              . according ly
The Commission shall inform/ the authorities of the countries concerned thereof .
3.     Licences roay be cancelled with a view to the issue       of new licences .
Cancellation shall take effect on the first day of the month following that in
which the licences are returned to the Commission .
New licences shall be issued in accordance with paragraph 1 .
                        Article 8
1.     Shrimp fishing in the fishing zone referred to in Article 1 shall be
prohibited from 1 May TO 31 December 1980 in waters Less than 30 metres deep .
2.     Only vessels using long lines shall be permitted to fish for species other
than shrimp .
             !                   '                        "                  '
                        Article 9                           "
1.     A logbook shall be kept in which the following information shall be
entered after each fishing operation :                          -
( a ) size of catch by species ( in . kg);
 ( c) the geographical position at the time of th§ catch .
 ---pagebreak---                             - 5 -
2.   A copy of each page of "the logbook referred to in paragraph 1
containing the information specified therein shall he forwarded to the Commission
        thi rty
within ' days of the last day of each fishing trip .
                       Article 10
1.   The master of each vessel in possession of a licence shall observe the
special conditions set out in Annex II .    These conditions shall form an
integral part of the licence .
                           vessel
2.    The master of each /j_n possession of a licence shall supply the information
specified in his    licence to the Commission via the radio station specified
in paragraph 2 of Annex II .
3.   The master of each vessel in possession of a licence as referred to in
Article 3 shall on landing the catch after each trip submit to the French
authorities a declaration for whose accuracy the master alone is responsible ,
stating the cjuantities of shrimp caught since the last declaration .
                        Article 11
1.   The French authorities shall take the appropriate measures to check the
accuracy of the declarations referred to in Article 10 ( 3 ) , in particular by
comparing them with the logbook referred to in Article 9 »
2.   The French authorities shall ensure that all landings of shrimps in the
French department of Guyana by vessels in possession of a licence as referred
to in Article 3 shall be the subject of a declaration as referred to in
Article 10(3).
                fifteenth
3.   Before the   /   of each month , the French authorities shall notify the
Commission of the quantities of shrimps landed in the French department of
Guyana in the previous month .
                        Article 12
1.   The French authorities shall take appropriate measures to ensure
implementation of this Regulation , including the regular inspection of vessels .
 ---pagebreak---                                                      occurred ,;
       2 . Where an infringement is found to have / the French authorities shall ,
       without delay , inform the Commission of the name of the vessel concerned and
       of any action they may have taken.
                                Article 13
                                                                            »
       1.     Licences for vessels which have not complied with the obligations provided
       for in this Regulation or in a contract as referred to in Article 3 may be
       withdrawn.
       2.     Where a vessel infringes this Regulation by fishing without a valid
       licence .         in the zone referred to in Article 1 , and that vessel belongs
       to a shipowner , who has one or more other vessels to which licences have been ■
       issued , one of these licences may be withdrawn .
       3.     A vessel which has failed to comply with the obligations provided for
     - in this Regulation, . in Regulation (EEC) Ho 3023/79 ©r in a contract as referred
       to in Article 3 shall not be granted a licence for a period of from four to
twelve months from the date when the infringement was committed .             y
       4.     No licence shall be issued during the period referred to in the previous
                                             \
       paragraph to a vessel belonging to a shipowner who also owns a vessel whose
       licence " has been withdrawn . :
                               Article 14 '
                                                                                    »
       1.     If for a period of one month the Commission receives no communication as
       referred to in Article 10(2) concerning a vessel in possession of a licence
       referred to in Article 3 , the licence of such vessel shall be withdrawn .
       2 . ' If for a period of one month a vessel in possession of a licence as
       referred to in Article 3 has made no use of it , the licence of such vessel
       shall be withdrawn.
                               Article 15
       Licences
            terms
                  issued under
                           .
                               Regulation , (EEC) No 3023/ 79 shall remain valid on the
       same     / as licences issued under this Regulation.                             ,
 ---pagebreak---                           Article 16
                                                        following
This Regulation shall enter into force on the third day /     publication in the
Official Journa.1 of the European Communities . It shall "be applicable for the
period 1 January to 31 December 1980 .
This Reflation shall "be "binding in its entirety and directly applicable in
all Member States .
Done at Brussels ,                                     For the Council
                                                        The President
 ---pagebreak---                          ANNEX I
1.     Pishing quotas for the period 1 January to '31 ,. December 1980 :
                                                                (Quantity in tonnes )
                                                                    (whole shrimps)
(a) Species :                Shrimps
      Country :             Barbados                                           25 .
                             Guyana                                            25
                             Japan                                             65
                             Korea                                            125
                             Surinam                                          110
                             Trinidad and Tobago                               75
                             United States of America                          70
("b) Species :               Tiinny family
                                                                            Unlimited
      Country :
                             Korea                                          Uniimited
 ( o) Species :               Others
                              Venezuela                                     Unlimited
       Country :
                              Barbados                                      Unlimited
 2.     Number of vessels referred to in Article 3(l ):
United States of America                 o1
 Japan                                   22
        Maximum numbers referred to in -Article 4      .*
 Country              Kaximum number         Number of vessels           Maximum, number
                      of vessels in          authorized to               of sea days
                      possession of          f i sh at the same
                      a licence              time
 Barbados                     5                         2                         227
 Guyana                       5                         2                         227
 Japan                       10                         4                       - 590
 Korea                       18                         i
                                                         t
                                                                               1.136
  Surinam                    15                         o                      1.000
 Trmidaa ana Tobago          10                         5                         631
 United States of AinericalO                            4                      ' 636'
 4•     dumber of vessels referred to in Article
  Japan                    5               Venezuela
  Korea                   10               Barbados
 ---pagebreak---                           Spécial conditions
 1.     The letters and registration 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 hull or superstructure and must not be effaced , altered , covered
or masked in any other way .
2.      A vessel in possession of a licence must communicate information to the
Commission of the European Communities in Brussels (address : telex 241 89 FISEU-B )
via the Cayenne radio station ( call sign FFJ) at the following times :
(a ) on each entry into zones extending up to 200 nautical miles off the coast
       of the French department of Guyana , hereinafter called the " zone ";
(b)    each time on leaving the zone ;
(c)    each time on entering a port of a Member State ;
( d)   each time on 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 2(a) or from the date of leaving the port referred to
       in 2(d).
3.      Communications transmitted in accordance with the conditions of the .
licence at the times specified in 2 above should include the following
particulars , where appropriate , and should be transmitted in the following
order :                         •                                                       1
–   name of vessel ,
–   radio call sign,
–   licence nmnber ,
–   chronological number of the transmission for the trip in question ,
–   indication of which of the types of transmission, as set out in paragraph 2 ,
    is involved ,
– date ,
                                                                                      I
– hour,                                                                               j'
– geographical position ,                                                            i
– quantity of each species caught during the fishing operation ( in kg),
– quantity of each species caught since the previous transmission of information :■
    ( in kg),                                                                        j
– the geographical coordinates of the position where the catches were made           j'
 ---pagebreak---                                                                          J\0
                               - 2 -
 – quantities of catches , by species , transferred to other vessels ( in kg) since
    the previous information .
– the name , call sign and , where applicable , licence number of the vessel to
! which the catch was transferred ,
 r the master f s name .                  "
 4.    The following code must be used in reporting species caught in accordance
 with paragraph 3 :
 S : Brown shrimp ( Penaeidae )        R : Other
 Z:   Tunny .
 5.    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 .