CELEX: 51987PC0678
Language: en
Date: 1987-12-09
Title: Proposal for a COUNCIL REGULATION (EEC) laying down for 1988 certain measures for the conservation and management of fishery resources applicable to vessels flying the flag of certain non-member countries in 200-nautical-mile zone off the coast of the French department of Guiana (presented by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (87) 678
Vol. 1987/0313
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983 concernant
l'ouverture au public des archives historiques de la Communauté économique européenne et de
la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983, p. 1) modifié en dernier
lieu par le règlement (UE) 2015/496 du Conseil du 17 mars 2015 (JO L79 du 25. 3.2015, p. 1), ce
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In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983 concerning
the opening to the public of the historical archives of the European Economic Community and the
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In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1. Februar
1983 über die Freigabe der historischen Archive der Europäischen Wirtschaftsgemeinschaft und
der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983, S. 1), zuletzt geändert durch die
Verordnung (EU) Nr. 2015/496 vom 17. März 2015 (ABI. L 79 vom 25.3.2015, S. 1), ist dieser Akt
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Verschlusssachen als herabgestuft angesehen.
 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                              COM(87 ) 678 final
                                              Brussels , 9 December 1987
                                         È| 2 I DEC.B37 fl
                                                ior.i uu-1-i j;:r tjfiat
                                                       Général           /*/
                                     Proposal for a
                                COUNCIL REGULATION ( EEC )
     laying down for 1988 certain measures for the conservation and management
           of fishery resources applicable to vessels flying the flag of
           certain non-member countries in 200-nautical -mile zone off the
                      coast of the French department of Guiana
                            ( presented by the Commission )
  C0M(87 ) 678 final
 ---pagebreak---                                            <0
                                            U
                                 EXPLANATORY MEMORANDUM
The proposed regulation fixes the fishing arrangements for vessels of third
countries in the fishing zone of the French Department of Guiana for the period
1 January 1988 to 3 1 December 1988 .
The proposal is based on principles already followed in the past , in particular
in Council Regulation ( EEC ) N° 4040 /86 ( 1 ), which established these arrangements
for the period from 1 January 1987 to 31 December 1987 .
In 1987 , 32 licences were allocated to vessels registered in the U.S.A. of
which 8 were renewable licences valid for three months at a time . It is proposed
that this allocation remain unaltered for 1988 .
( 1 ) OJ N° L 376 31.12.1986 , p .  101 .
( 2 ) OJ N° L  87 01.04 . 1981 , p  1
 ---pagebreak---                                                    PROPOSAI. FOR
                                           COUNCIL REGULATION ( EEC)
                   laying down for 1988 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 rone off the coast of the French department of Guiana
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                              whose vessels fish in the zone of the said department and
                                                                       whereas therefore a number of those licences are subject to
                                                                       changes on the basis of that scientific advice ;
Having regard to the Treaty establishing the European
Economic Community ,                                                   Whereas the technical and control measures applicable
                                                                       under Regulation ( EEC ) No 4040 /86              should be
                                                                       maintained and , should this prove necessary ,
Having regard to Council Regulation ( EEC) No 170 / 83 of              supplemented ,
25 January 1983 establishing a Community system for the
conservation and management of fishery resources ( ' ), and
in particular Article 1 1 thereof,
                                                                        HAS ADOPTED THIS REGULATION :
Having regard to the proposal from the Commission ,
Whereas under the terms of Article 2 of Regulation ( EEC )                                        Article 1
No 170 / 83 it is incumbent upon the Council to formulate,
in the light of the available scientific advice the                     Vessels flying the flag of one of the countries listed in
conservation measures necessary to achieve the aims set out             Annex I shall be authorized , during the period from
in Article 1 of that Regulation ;                                       1 January to 31 December 1988 to fish for the species listed
                                                                        in the said Annex in the part of the 200-nautical-mile
                                                                        fishing zone off the coast of the French department of
Whereas, since 1977 , the Community has operated a                      Guiana that lies more than 12 nautical miles from the base
system of conservation and management of fishery                        lines, in conformity with the conditions laid down in this
resources applicable to vessels flying the flag of certain              Regulation .
non-member countries in the 200-nautical - mile zone off the
coast of the French department of Guiana most recently
laid down by Council Regulation ( EEC) No 4040/86 ( 2 );
                                                                                                  Article 2
whereas the latter Regulation expires on 31 December
1987 ;
                                                                        1 . Fishing in the fishery zone referred to in Article 1 shall
                                                                        be subject to the possession on board of a licence , issued by
Whereas the continuity of the system should be assured , in             the Commission on behalf of the Community , and to the
particular by maintaining the restriction on some fish                  observance of the conditions set out in that licence and the
stocks in the zone in order to conserve the stock and ensure            control measures and other provisions regulating fishing
adequate profitability for the fishermen concerned ;                    activities in that zone .
Whereas the processing industry based in the French                     2 . Applications for licences shall be submitted by the
department of Guiana depends on landings from vessels of                authorities of the non-member countries concerned to the
non-member countries operating in the fishing zone off that             Commission’s services at least 15 working days before the
department ;                                                            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           3 . Where no application for the grant of a licence, as
French department of Guiana can continue to fish ;                     referred to in point 1 of Annex I , has been submitted
                                                                       within 15 working days of the date of entry into force of
                                                                       this Regulation , the Commission, at the request of the
Whereas shrimp fishing licences calculated on the basis of             French authorities , may issue licences , via the French
scientific advice have been issued to non-member countries             authorities , to the shipowners of the relevant non-member
                                                                       countries .
( ' ) OJ No L 24 , 27 . 1 . 1983 , p. 1 .                              4 . The registration letters and numbers of a vessel in
( ')OjNoi. 376 , 31 . 12.1986 , p. 101                                 possession of a licence must be clearly marked on both
 ---pagebreak---                                                                  ч
Sides of the pi ovv and on nur |, sides ot the superstructure at  4 . All licences referred to in paragraph 1 issued to vessels
the most visibr point . I he letters and numbers must be          of a non-member country shall cease to be valid as soon as
painted in a colour that contrasts with the colour of the         it is established that the quota laid down in point 2 of
hull or superstructure and must not be obliterated , altered ,    Annex I for that country has been used up .
covered or masked in any o-hcr way .
                                                                                               Article S
                            Artide 3
                                                                  1 . Licences may be issued for the fishing of species other
                                                                  than shrimps to vessels flying the flag of one of the
1 . The maximum number of licences , as well as the               countries listed in point 3 of Annex 1 . The maximum
maximum number of temporary renewable licences that               number of such licences for each country shall be as
may be issued for shrimp fishing on the basis of scientific       specified in point 3 of Annex I.
advice to vessels flying the United States flag and which are
under contract to land all their catches in the French
department of Guiana is specified in point 1 of Annex I.          2 . Snapper fishing licences shall be granted subject to an
                                                                  undertaking by the owner of the vessel concerned to land
                                                                  75 % of the catches in the French department of Guiana .
2 . The licences referred to in paragraph 1 shall cease to be
valid when the contract stipulating the obligation to land        3 . Shark fishing licences shall be granted sub|ect to an
the catches comes to an end , and in any event not later than     undertaking by the owner of the vessel concerned to land
31 December 198£ .
                                                                  50 % of the catches in the French department of Guiana .
3 . The duration of the validity of temporary licences shall                                   Article 6
be limited to three-month periods . To provide for a
possible increase in the number of vessels flying the flag of     1 . The following information shall                 accompany
a Member State in the zone referred to in Article 1 , some
                                                                  applications for licences submitted to the Commission :
temporary licences may not be renewed . In the event of
such increase , the Member State concerned shall inform the       (a )   naine of the vessel ;
Commission services at the latest one month before the
expiry of the validity of the temporary licences .                ( b ) registration number ;
                                                                  (c ) external identification letters and numbers ;
                                                                  (d ) port of registration ;
4 . The number of licences referred to in paragraph 1 may
be revised if the scientific advice states that there has been a  ( e)   name and address of the owner or charterer ;
substantial change in stocks .
                                                                  (f)    gross tonnage and overall length ;
                                                                  ( g)   engine power ;
                                                                  ( h ) call sign and radio frequency ;
                             Article 4
                                                                  (i)    intended method of fishing ;
 1 . Licences may be issued for shrimp fishing to vessels         (j)    species intended to be fished ;
which fly the flag of one of the countries listed in point 2 of
 Annex I. The catch quantities authorized under such               ( k ) period for which a licence is requested .
 licences , the maximum number of licences and the
 maximum number of days at sea during which such                   2 . Each licence shall be valid for one vessel only . Where
 licences are valid shall be as specified for each country in      several vessels are taking part in the same fishing operation ,
 point 2 of Annex 1 .                                             each vessel must be in possession of a licence .
 2 . The licences referred to in paragraph 1 shall be issued                                   Article 7
on the basis of a fishing plan submitted by the authorities
 of the country concerned , approved by the Commission              1 . To obtain a licence as referred to in Article 3 , proof
 and not exceeding the limits for the country concerned            must be produced , in respect of each of the vessels
 specified in point 2 of Annex I.                                  concerned , that a valid contract exists between the
                                                                   shipowner applying for the licence and a shrimp-processing
                                                                   undertaking situated in the French department of Guiana
 3 . The period of validity of each of the licences referred to    and that it includes an obligation to land all catches of
 ir. paragraph 1 shall be limited to the fishing period            shrimps from the vessel concerned in that department so
 provided for in the fishing plan on the basis of which the        that they may be processed , packed and stored in that
 licence was issued .                                              undertaking’s plant .
 ---pagebreak---                                                                            ъ
  2. The contract referred to ir. paragraph 1 must be            4 . Shark fishing shail be authorized only for vessels using
 endorsed by the French authorities, which shall ensure that     long lines or mesh nets having a minimum mesh of 100 mm
 it is consistent both with the actual capacity of the           and shall be foroidden in waters of a depth less than
 contracting processing undertaking and with the objectives      30 meters.
 for the development of the Guianese economy , as well as
 with the entry into service of shrimp fishing vessels
registered in Guiana. A copy of the duly endorsed contract
                                                                                           A.rticle 11
shall be appended to the licence application .
                                                                 A log-book , a model of which appears in Annex 11 , shall be
3 . Where the endorsement referred to in paragraph 2 is          completed after each fishing operation. A copy of this
refused , the French authorities shall give notification of this log-book shall be sent to the Commission within 30 days of
refusal and state their reasons for it to the party concerned    the last day of each fishing trip via the French
and the Commission .                                             authorities .
                            Article 8                                                       Article 12
 1 . To obtain a fishing licence for snapper or shark , as        1 . The master of each vessel in possession of a licence
referred to in Article 5 , proof must be produced , in respect   referred to in Articles 4 and 5(1 ), as concerns tuna fishing,
of each of the vessels concerned , that a valid contract exists  shall observe the special conditions set out in Annex 111,
between the shipowner applying for the licence and a             and in particular forward the information specified in the
processing undertaking situated in the French department         Annex. These conditions shall form an integral part of the
of Guiana and that it includes an obligation to land at least    licence.
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.                    2. The master of each vessel in possession of a licence as
                                                                 referred to in Articles 3 and 5 (2) and (3 ) shall , on landing
                                                                 the catch after each trip , submit to the French authorities a
2 . The contract referred to in paragraph 1 must be              declaration , for whose accuracy the master alone is
endorsed by the French authorities , which shall ensure that     responsible , stating the quantities of shrimp caught and
it is consistent both with the actual capacity of the            kept on board since the last declaration. This declaration
contracting processing undertaking and with the objectives       shall be made using the form of which a model appears in
for the development of the Guianese economy . A copy of          Annex IV .
the duly endorsed contract shall be appended to the licence
application .
                                                                                         i  Article 13
3 . Where the endorsement referred to in paragraph 2 is
refused , the French authorities shall give notification of this  1 . The French authorities shall take all appropriate
refusal and state their reasons for it to the party concerned    measures to verify the accuracy of the declarations referred
and the Commission .                                             to in Article 12 (2), by checking them in particular against
                                                                  the log-book referred to in Article 1 1 . The declaration shall
                                                                 be signed by the competent official after it has been
                                                                 verified .
                            A rln le 9
Licences may be cancelled with a view to issuing new              2 . The French authorities shall ensure that all landings of
licences . Such cancellation shall take effect on the date of
                                                                  shrimps in the French department of Guiana by vessels in
issuance of the new licence by the Commission .                  possession of a licence as referred to in Articles 3 and 5 (2)
                                                                 and (3 ) shall be the subject of a declaration as referred to in
                                                                  Article 12 ( 2).
                           Artiilf 10
 1 . Fishing for shrimps of the species Penaeus sublilis and     3 . Before the end of each month , the French authorities
                                                                 thall send to the Commission all the declarations referred
 Penaeus brasiliensis shall be forbidden in waters of a depth
less than 30 meters . During these fishing activities carried    to in paragraph 2 relating to the preceding month .
out by vessels using trawls, by-catches shall be permitted .
                                                                                            Article 14
 2. Tuna fishing shall be authorized only for vessels using
 long lines .
                                                                 'rbe granting of licences to vessels from third countries
                                                                 thall be subject to the undertaking by the owner of the
 V Snapper fishing shall be authorized only for verse!:               .’            to permit an observer to come on board at
 using long lines or traps.                                      the Commission’s request .
 ---pagebreak---                                                                  r
                                                                 Ь
                             A rticle 1 S                          belonging to a shipowner who owns a vessel whose licence
                                                                   has been withdrawn under this Article or which has fished
  1 . The French authorities shall take appropriate measur         without a licence in the zone referred to in Article 1 .
to ensure that the obligations set out in this Regulation arc
complied with , including the regular inspection of vessels .
                                                                                             Article 17
2 . Where an infringement is formally ascertained , the            1 . If, for a period of one month , the Commission receives
French authorities shall , without delay , and in any event        no communication as referred to in Article 12 ( 1 )
not later than 30 days from the date on which the                  concerning a vessel in possession of a licence referred to in
infringement was ascertained , inform the Commission of            Articles 4 and 5 , the licence of such vessel shall be
the name of the vessel concerned and of any action they            withdrawn .
may have taken .
                                                                   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
'                            Artide 16                             licence of such vessel shall be withdrawn , except
1 . Licences for vessels which have not complied with the          – if the vessel is under repair.
obligations provided for in this Regulation , including the        – in cases of force majeure.
obligation to land all or part of the catches laid down in a
contract as referred to in Articles 7 and 8 shall be
withdrawn .                                                                                  Article 18
                                                                   The period of validity of licences valid on 31 December
No licence shall be issued to such vessels for a period of
four to twelve months from the date on which the
                                                                   1987 pursuant to Article 1 of Regulation ( EEC) No
                                                                    4040 /86 may be extended , at the request of the authorities
infringement was committed .                                       of the country concerned , until 31 January 198ft Licences
                                                                   thus extended shall be counted against the number of
  2.   Where a vessel fishes without a valid licence in the zone   corresponding licences laid down in Annex 1 for the
  referred to in Article 1 , and where that vessel belongs to a    duration of the extension , without that total being
  shipowner or is managed by a natural or legal person who         exceeded .
  has or exercises the management of one or more other
  vessels to which licences have been issued , one of those
                                                                                             Article 19
  licences may be withdrawn .
                                                                   This Regulation shall enter into force on 1 January 198ft
  3 . The granting of a licence may be refused during the
  period referred to in paragraph 1 to one or more vessels         It shall apply until 31 December 198ft.
                   This Regulation shall be binding in its entirety and directly applicable in all Member
                   States.
                   Done at Brussels ,
                                                                                         For the Council
                                                                                          The President
 ---pagebreak---                                                                               I
                                                     nt'-'SbX I
1 . Licences referred to in Article 3
               Vessels flying                    Maximum number                        Of which maximum number
                the flag of                          of licences                          ol renewable licences
USA                                                       32                                         8
2 . Licences referred to in Article A
              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
Surinam                                        p.n .                        P . Π) .                      p -Π .
Trinidad and Tobago                              60                             8                         350
3 . Licences referred to in Article 5
                                                    Vessels flying                          Maximum number
                  Species
                                                      the flag of                               of licences
( a ) Tuna                             Japan                                                   token entry
                                       Korea                                                   token entry
( b ) Snappers                         Venezuela                                                     25
                                       Barbados                                                        5
( c ) Shark                            Venezuela                                                       3
 ---pagebreak---                                                                                                       ь
              BILAG II – ANHANG II – flAPAPTHMA II – ANNEX li – ANXEXE U – ALLEGATO II – BIJLAGE II
                                                                                                    .                                      *?•
     FICHE DE PECHE                                       LOG SHEET                 кжжг-осхг^жзс^си-» кд~м-|Ш'■ ■ ■ ■ М ш ядореДд'
                                                                                      73 I 74 1 73 . 7?
                                                                                      73 | 7«
                                                                                                                 r   /
                                                                                                                                      _ *
                                                                                                                                      - - - Tj–
                                                                                                                                                            Iu
     Nom du navire
    Vcs*el nsme
                                                          Nation
                                                                                    JURlMAMfi
                                                                                     SURINAME                       /                                        ,
    N* i/ iiAmatriniUtion-                                N* de licence ZEE –
             No                                           Fishing licence No
    No n du capitaine .                                   Nbre équipage .
    Capuin » namc                                         No in crcw
    Départ de -                                           Date .
    Départ (rom                                                                                          C a»*a**^                                            !■**
    Débarquement i                                        Date .                                  / GUYANI
                                                                                                      GUYANE                                   CUUIIS
    Lcnded at                                                                                     / FRANÇAISE
                                                                                                    FRANÇAISE                                                ■
                                         Nombre de tuit     Total         Queues        Crevettes   Crevettes conservées à bord
                            Jour ou noir  ou le* enjjim   heure* de     de creverte     entières    Shrimps retained on hoard
Moi· / Month          Sonde               uni tit mí' j                                                                         Viv.nncnux     Requins Thonidés
             Zone n*        Dey or niche                    pèche        ‘Head-off     ‘Head-on*      Pcrucus :
 Jour / Day           Depth              Feau < Number                                                                           Snapper        Shark    Tuna
                              (5 or N)    «tl IMH** j;».»  Hours           shrimp        shrimp        subtilis    Xyphopcnaeu:
                                               I« shiH      fished          ( kg)         ( kg )    brxsilicasis      Kniycrii
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 ---pagebreak---                                                                            I
                                                           ANN EX JJ/
                                                        Special conditions
1 . Vessels in possession of a licence referred to in Article 4 and S ( 1 ) ( Thunnidae) must communicate information to
    rhe 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 (Xyphopenaeus kroyerii);
    TUN : Tunny ;
    SKH : Shark ;
    XXX : 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 . .
 ---pagebreak---                                                                    \°
                                                          ANNEX IV
                                           Déclaration pursuant to Article 12 (2)
                                            LANDING DECLARATION ( ')
Name ol vessel ►                                                                   Registration No :
Name ol master :                                                                   Name of agent :
Master's signature :
Voyage made from the                                                  to the
Port of landing :
                                           Quantity of shrimps landed (in live weight)
     ‘Hcnd-off shrimp:                                                                         kg
                                                or (     X 1,6)                                kg ( head-on shrimp )
     ‘Head-on' shrimp :                                                                        kg
     Thunnidae :                                     kg             Snapper (Lutjanidac) :                           kg
     Shark                                           kg             Other                                            kg
 (') 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.
 ---pagebreak---                                           i‘
Fiche d' impact sur la compétitivité et l' emploi
L' objet de cette mesure est d' établir le régime de conservation et de
gestion des ressources de pêche applicable aux navires des pays tiers
dans les 1 eaux au large du Département français de la Guyane .
L' obligation de débarquements sur place d' une partie des captures implique
le maintien des activités locales et donc de l' emploi .