CELEX: 51995PC0555
Language: en
Date: 1995-11-17
Title: Proposal for a COUNCIL REGULATION (EC) laying down for 1996 certain measures for the conservation and management of fischery resources applicable in vessels flying the flag of certain non-member countries in the 200-nautical-mile zone off the coast of the French department of Guyana

COMMISSION OF THE EUROPEAN COMMUNITIES
                                                     Brussels, 17.11.1995
                                                     COM(95)555 final
                                     Proposal for a
                           COUNCIL REGULATION ŒO
 laying down for 1996 certain measures for the conservation and management of fishery
resources applicable in 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)
 ---pagebreak---  ---pagebreak---                          EXPLANATORY MEMORANDUM
1.  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 1996
    to 31 December 1996.
2.  The proposal is based on principles already followed in the past, in particular in
    Council Regulation (EEC) n° 3189/941, which established these arrangement for the
    period from 1 January 1995 to 31 December 1995.
3.  In 1995, licences for fishing snappers and sharks in Venezuela were issued.
4. Taking into account scientific advice on the state of stock evolution, it is proposed
   that, for 1996, the quotas and licences foreseen for 1995 remain unchanged.
   OJ N° 340, 29.12.1994
 ---pagebreak---                                                   PROPOSAL FOR A
                                         COUNCIL REGULATION (EC) N<
                                                         of
             laying down for 1996 certain measures for the conservation and management of fishery
               resources applicabel in vessels flying the flag of certain non-member countries in the
                        200-nautical-mile zone off the coast of the French department of Guiana
THE COUNCIL OF THE EUROPEAN UNION,                               Whereas the continuity of the system should be
                                                                 assured, in particular by maintaining the restriction
Having regard to the Treaty establishing             the         on some fish stocks in the zone in order to
European Community,                                              conserve the stock and ensure adequate profitability
                                                                 for the fishermen concerned;
Having regard to Council Regulation (EEC) No
3760/92 of 20 December 1992 establishing a                       Whereas the processing industry based in the
Community system for fisheries and aquaculture 0 \               French department of Guiana depends on landings
and in particular Article 8, paragraph 4,                        from vessels of non-member countries operating in
                                                                 the fishing zone off that department;
Having regard           to    the   proposal from    the
Commission,                                                      Whereas therefore, it is necessary to ensure that
                                                                 those vessels which are under contract to land their
Whereas, in accordance with Article 8 of                         catches in the French department of Guiana can
Regulation (EEC) No 3760/92, the Council                         continue to fish;
determines for each fishery or group of fisheries on
a case-by-case basis, the total allowable catch                  Whereas shrimp fishing licences calculated on the
and/or the total allowable fishing effort in order to            basis of scientific advice have been issued to non-
ensure a rational and responsible exploitation on a              member countries whose vessels fish in the zone of
durable basis,                                                   the said department;
Whereas, since 1977, the Community has operated                  Whereas the fishing activities covered by this
a system of conservation and management of                       Regulation are subject to the control measures
fishery resources applicable to vessels flying the               provided for by Council Regulation (EEC) No
flag of certain non-member countries in the 200-                 2847/93 of 12 October 1993 establishing a control
nautical-mile-zone off the coast of the French                   system applicable to the common fisheries policy'31;
department of Guiana most recently laid down by
Council Regulation (EEC) No 3189/94 (2) ; whereas
the latter Regulation expires on 31 December 1995,
(1)       OJ n° L 3 8 9 , 31.12.1992, p. 1
(2)       OJ n° L 3 4 0 , 29.12.1994, p. 1
(3)       OJ n° L 2 6 1 , 20.10.1993, p. 1
 ---pagebreak---   HAS ADOPTED THIS REGULATION:                            Annex I.
                                                          3. The period of validity of each of the licences
                        Article 1                         referred to in paragraph 1 shall be limited to the
                                                          fishing period provided for in the fishing plan on
  Vessels flying the flag of one of the countries listed  the basis of which the licence was issued.
  in Annex I shall be authorized, during the period
  1 January to 31 December 1996 to fish for the           4. All licences referred to in paragraph 1 issued to
  species listed in the said Annex in the part of the     vessels of a non-member country shall cease to be
  200-nautical-mile fishing zone off the coast of the     valid as soon as it is established that the quota laid
  French department of Guiana that lies more than 12      down in point 1 of Annex I for that country has
 nautical miles from the base lines, in conformity        been used up.
 with the conditions laid down in this Regulation.
                                                                                 Article 4
                        Article 2
                                                          1. Licences may be issued for the fishing of species
  1. Fishing in the fishery zone referred to in           other than shrimps to vessels flying the flag of one
 Article 1 shall be subject to the possession on board    of the countries listed in point 2 of Annex I. The
 of a licence, issued by the Commission on behalf of      maximum number of such licences for each country
 the Community, and to the observance of the              shall be as specified in point 2 of Annex I.
 conditions set out in that licence and the control
 measures and other provisions regulating fishing         2. Snapper fishing licences shall be granted subject
 activities in that zone.                                 to an undertaking by the owner of the vessel
                                                          concerned to land 75 % of the catches in the French
 2. Applications for licences shall be submitted by       department of Guyana.
 the authorities of the non-member countries
 concerned to the Commission's services at least 15       3. Shark fishing licences shall be granted subject to
 working days before the desired date of                 an undertaking by the owner of the vessel
 commencement of validity. Licences will be issued       concerned to land 50 % of the catches in the French
 to the authorities of the third countries concerned.    department of Guyana.
 3. The registration letters and numbers of a vessel
 in possession of a licence must be clearly marked                              Article 5
 on both sides of the prow and on both sides of the
 superstructure at the most visble point. The letters     1. The following information shall accompany
 and numbers must be painted in a colour that            applications for licences submitted to the
contrasts with the colour of the hull or                 Commission :
superstructure and must not be obliterated, altered,
covered or masked in any other way.                      a)        name of the vessel;
                                                         b)        registration number;
                        Article 3
                                                         c)        external identification letters and numbers;
 1. Licences may be issued for shrimp fishing to
vessels which fly the flag of one of the countries       d)        port of registration;
listed in point 1 of Annex I. The catch quantities
authorized under such licences, the maximum              e)        name and address of the owner or
number of licences and the maximum number of                       charterer;
days at sea during which such licences are valid
shall be as specified for each country in point 1 of     f)        gross tonnage and overall length;
Annex I.
                                                         g)        engine power;
2. The licences referred to in paragraph 1 shall be
issued on the basis of a fishing plan submitted by       h)        call sign and radio frequency;
the authorities of the country concerned, approved
by the Commission and not exceeding the limits for       i)        intended method of fishing;
the country concerned specified in point 1 of
 ---pagebreak---  j)         species intended to be fished;                   vessels using long lines or traps.
  k)        period for which a licence is requested.         4. Shark fishing shall be authorized only for vessels
                                                            using long lines or mesh nets having a minimum
  2. Each licence shall be valid for one vessel only.        mesh of 100 mm and shall be forbidden in waters
  Where several vessels are taking part in the same         of a depth less than 30 metres.
  fishing operation, each vessel must be in possession
  of a licence.
                                                                                   Article 9
                         Article 6                          A log-book, a model of which appears in Annex II,
                                                            shall be completed after each fishing operation. A
  1. To obtain a fishing licence for snapper or shark,      copy of this log-book shall be sent to the
 as referred to in Article 4, proof must be produced,       Commission within 30 days of the last day of each
 in respect of each of the vessels concerned, that a        fishing trip via the French authorities.
 valid contract exists between the shipowner
 applying for the licence and a processing
 undertaking situated in the French department of                                 Article 10
 Guyana and that it includes an obligation to land at
 least 7 5 % of all snapper catches, or 50% of all          1. The master of each vessel in possession of a
 shark catches from the vessel concerned in that            licence referred to in Articles 3 and 4 ( 1 ) , as
 department so that they may be processed in that          concerns tuna fishing, shall observe the special
 undertaking's plant.                                      conditions set out in Annex III, and in particular
                                                           forward the information specifies in the Annex.
 2. The contract referred to in paragraph 1 must be        These conditions shall form an integral part of the
 endorsed by the French authorities, which shall           licence.
 ensure that it is consistent both with the actual
 capacity of the contracting processing undertaking        2. The master of each vessel in possession of a
 and with the objectives for the development of the        licence as referred to in Article 4 (2) and (3) shall,
 Guyanese economy. A copy of the duly endorsed             on landing the catch after each trip, submit to the
 contract shall be appended to the licence                 French authorities a declaration, for whose
 application.                                              accuracy the masster alone is responsible, stating
                                                           the quantities of shrimp caught and kept on board
 3. Where the endorsement referred to in                   since the last declaration. This declaration shall be
paragraph 2 is refused, the French authorities shall       made using the form of which a model appears in
give notification of this reusal and state their           Annex IV.
reasons for it to the party concerned and the
Commission.
                                                                                 Article 11
                        Article 7
                                                           1. The French authorities shall take all appropriate
Licences may be cancelled with a view to issuing          measures to verify the accuracy of the declarations
new licences. Such cancellation shall take effect on      referred to in Article 10 (2), by checking them in
the date of issuance of the new licence by the            particular against the log-book referred to in
Commission.                                               Article 9. The declaration shall be signed by the
                                                          competent official after it has been verified.
                        Article 8
                                                          2.The French authorities shall ensure that all
1. Fishing for shrimps of the species Penaeus             landings of shrimps in the French department of
subtilis and Penaeus brasiliensis shall be forbidden      Guyana by vessels in possession of a licence as
in waters of a depth less than 30 metres. During          referred to in Article 4 (2) and (3) shall be the
these fishing activities carried out by vessels using     subject of a declaration as referred to in
trawls, by-catches shall be permitted.                    Article 10 (2).
2. Tuna fishing shall be authorized only for vessels      3. Before the end of each month, the French
using long lines.                                         authorities shall send to the Commission all the
                                                          declarations referred to in paragraph 2 relating to
3. Snapper fishing shall be authorized only for           the preceding month.
                                                       <J
 ---pagebreak---                                                               3. The granting of a licence may be refused during
                      Article 12                              the period referred to in paragraph 1 to one or
                                                              more vessels belonging to a shipowner who owns
     The granting of licences to vessels from third           a vessel whose licence has been withdrawn under
 countries shall be subject to the undertaking by the         this Article or which has fished without a licence in
 owner of the vessel concerned to permit an                   the zone referred to in Article 1.
 observer to come on board at the Commission's
 request.
                                                                                   Article 15
                      Article 13                              If, for a period of one month, the Commission
                                                              receives no communication as referred to in
  1. The French authorities shall take appropriate            Article 10 paragraph 1 concerning a vessel in
 measures to ensure that the obligations set out in           possession of a licence referred to in Articles 3 and
 this Regulation are complied with, including the             4, the licence of such vessel shall be withdrawn.
 regular inspection of vessels.
 2. Where an infringement is formally ascertained,
 the French authorities shall, without delay, and in                               Article 16
 any event not later than 30 days from the date on
 which the infringement was ascertained, inform the          The period of validity of licences valid on
 Commission of the name of the vessel concerned              31 December 1995 pursuant to Article 1 of
and of any action they may have taken.                       Regulation (EEC) No 3189/94 may be extended, at
                                                             the request of the authorities of the country
                                                             concerned, until 31 January 1996. Licences thus
                      Article 14                             extended shall be counted against the number of
                                                             corresponding licences laid down in Annex I for the
 1. Licences for vessels which have note complied            duration of the extension, without that total being
with the obligations provided for in this Regulation,        exceeded.
including the obligation to land all or part of the
catches laid down in a contract as referred to in
Article 6 shall be withdrawn.
                                                                                   Article 17
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.                              This Regulation shall enter into force on 1 January
                                                             1996.
2. Where a vessel fishes without a valid licence in
the zone referred to in Article 1, and where that
vessel belongs to a shipowner or is managed by a
natural or legal person who has or exercises the
management of one or more other vessels to which             It shall apply until 31 December 1996.
licences have been issued, one of those licences
may be withdrawn.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels,
                                                                         For the Council
                                                                         Tlie President
                                                         £
 ---pagebreak---                                                   ANNEX. I
        Licences referred to in Article 3
  Vessels flying the flag     Quantity of authorized       Maximum number of      Maximum number of
            of                  catches in tonnes         vessels with a licence       days at sea
Barbados                                24                          5                      200
Guiana                                  24                          5                     200
Surinam                                p.m.                       p.m.                    p.m.
Trinidad and Tobago                     60                          8                     350
        Licences referred to in Article 4
         Species                 Vessels flying the flag of             Maximum number of licences
(a)      Tuna               Japan                                                p.m.
                            Korea                                                p.m.
(b)      Snappers           Venezuela                                             41
                            Barbados                                               5
c)       Shark              Venezuela                                              4
 ---pagebreak---                                                                                       A NNEX n
   FICHE DE PÊCHE                                          LOG SHEET
                                                                                          73          74       75         78         77
   Nom du navire
                                                                                         SURINAM!
   Vessel name
                                                                                                                                                  jfk
   N* d'immatricul ation                 —                 N° de licence ZEE
   Official No                                             Fishing licence   No
                                                                                                                             V
   Nom du capital                                          Nbre équipage
                                                                                                               /
   Captain s name                                          N o in crew
   Départ de
   Depart from
                                                           Date                              y . v.»»'*"/
                                                                                                                                 .*%c4
                                                                                                            GUYANI^                      Çg^WEST GULLIES | § | | S
   Débarquement a
                                                           Date                                                                                                          1
   Landed at
                                                                                                      / FRANÇAIS!                     JV-^^f^^PSi                       1I
                                       N n m h r r Je fuis   Total          Queues          Crevettes     Crevettes conservées a bord
                                         ou l « cn K .nv   heures de      de crevette        entières     Shrimps retained on board
Mois'Month                Jour ou nun                                                                                                   Vivaneauv  Requins        Thonidès
            Zone n° Sonde                                    pèche        -Head-off-       - Head-on-
 (our'Day                 Dav or night  Icau'Number                                                         Penaeus:                     Snapper    Shark           Tuna
                    Depth                                    Hours          shrimp            shrimp                    Xyphopenaeus
                            (D or N !    ..I t.mes n o r                                                     subtilis
                                              .<. shol       fished           (kg)                                         kroyern
                                                                                               (kg)        brasiliensis
                             D
                                  N
                             D
                                  N
                             D
                                  N
                             D
                                  N
                             D
                                  N
                             D
                                  N
                             D
                                  N
                             D
                                  N
                             D
                                  N
                             D
                                  N
                             D
                                  N
                             D
                                  N
                             D
                                  N
                             D
                                  N
                             D
                                  N
                             D
                                  N
                             D
                                  N
                             D
                                  N
                             D
                                  N
                             D
                                  N
                             D
                                  N
                             D
                                  N
                             D
                                  N
                             D
                                  N
                             D
                                  N
                             D
                                  N
                              D
                                  N
                              D
                                  N
                              D
                                  N
                              D
                                  N
                              D
                                  N
                                                                                      8
 ---pagebreak---                                                ANNEX UI
                                            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 (Xyphopenaeus kroyerii);
    TUN:     Tunny;
    SKH:     Shark;
    XXX:     Other.
\.  In cases where, for reasons offorce majeure, the communication cannot be transmitted by the vessel
    in possesssion of a licence, the message may be transmitted by another vessel on behalf of the former.
                                               •3
 ---pagebreak---                                                     ANNEX IV
                                     Declaration pursuant to Article 10 (2)
                                                                     (i)
                                     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:
                                   Quantity of shrimps landed (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
(i)        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.
                                                       •-K-y
 ---pagebreak---                                                                   ISSN 0254-1475
                                                            COM(95) 555 final
                                              DOCUMENTS
EN                                                                       03 11
                                     Catalogue number : CB-CO-95-596-EN-C
                                                             ISBN 92-77-95950-9
Office for Official Publications of the European Communities
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