CELEX: 51981PC0020
Language: en
Date: 1981-01-28
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 (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (81) 20
Vol. 1981/0004
 ---pagebreak--- Disclaimer
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In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
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 ---pagebreak---  COMMISSION OF THE EUROPEAN COMMUNITIES
                                                COM(81)20 final
                                                Brussels . 28 January 1981
                                 Proposal for a
                            COUNCIL REGULATION ( EEC )
          laying down certain measures for the conservation and management
          of fishery resources applicable to vessels flying the flag of
          certain non-member countries in the 200 nautical-mile zone off
          the coast of the French Department of Guyana
                    ( submitted to the Council by the Commission )
                      .ν-    /\   χ· - χ
C0M(81 ) 20 final
 ---pagebreak---                                                                                        ■A
        \ \x                  '• EXPLANATORY MEMORANDUM
                           XX–.
                                  ■ . v '*
                                                          \
1.          The Regulation which is t .> N;, ub j ec ; of this proposal is designed to
regulate fishing by foreign vessels *i > + he t^shing zone of the French department
of Guyana during the period from 1 April \ Q81 to 31 March 1982 . .
2.          The proposed Regulation is in most respects idet .t-.cal to the Commission 's
proposal of                      ( 1 ). Where it differs , this is to take account
 inter alia of the situation with regard to the largest stock covered by this
 Regulation, i.e. shrimps . Another reason for differences is the development
 of the local processing industry in the overseas department in question .
 3.          As regards the stock of shrimps , previous texts were based implicitly
 on TACs . But in view of the relatively short life cycle of the species
  in question and the gaps in scientific knowledge about the stock , it must be
            edged that it is in fact very difficult to establish a TAC . The present
  proposal therefore avoids a quantitative restriction on total catches .
  It is based on the assumption that , pending the acquisition of more reliable
  scientific data , use of the stock should be controlled by a restriction on
  fishing to be determined on the basis of the figures for daily catches ,- which ,
                                                                         ι
  in the absence of more complete data , may be considered the best indication
  of the state of the stock .
  4.          For present catches per vessel per day are substantially smaller than
   catches made before shrimp fishing was intensified , beginning in 1970 .
   Although average catches have improved in recent years , this would appear to
  be attributable to the decrease in fishing resulting from the measures
   introduced by Community Regulations since 1977 and the reduction in the number
  of shrimp boats operating in the Brazilian fishing zone . In order to stabilize
  this improvement , the Commission is proposing that fishing be restricted to
   the level provided for in the Community Regulation in force in 1980 .
   ( 1 ) Doc C0M(80 )
 ---pagebreak--- 5.        The Local shrimp processing industry in this French department has also
 increased its production capacity . To meet the demand of this industry /, which
is of prime importance for the economy of French Guyana , this proposal provides
for a corresponding increase in the number of licences which may be issued
to vessels under contract to land all their shrimp catches in Guyana . Under
previous Regulations the number of vessels eligible for a licence on the grounds
that they had entered into the contractual obligation to land catches in Guyana
was divided between the United States and Japan . The Commission proposes that this
distribution be abolished and that any vessel flying the flag of a non-member
country having traditionally fished in . the waters in question should have
the possibility of obtaining a licence , on the sole condition that it be party
to a valid landing contract . Should the number of applications exceed the number
of licences authorized by the Regulation , the Commission would give priority
in the allocation of licences to vessels which have traditionally fished in
the region , also taking into account , where appropriate , the general interests
of the Community .
6.        The proposed Regulation also allocates shrimp quotas to vessels flying
the flags of States in the region . In this it is following the rules previously
in force by giving the vessels of these developing countries more privileged
treatment than other vessels which do not land their catches inthe French
department of Guyana . The rights of the countries in question had been curtailed
in 1980 because it became, apparent that the eligible States were not making
full use of the scheme . The reason for this , according to the information
available to the Commission , was technical problems facing the shipowners in
question , which they now seem to have overcome . The Commission therefore proposes
that quotas be allocated' to these States in accordance with the needs reported
by them .
7.        On the basis of the principle mentioned in point A that total fishing
activity should not be increased and having regard to the fact that this
proposal accords more shrimp fishing rights to vessels landing their catches
in French Guyana and to vessels originating in the region, the corol lary is
that fishing rights may no longer be granted to vessels flying the flag of the
 United States , Japan or Korea which do not land their catches in French Guyana .
 ---pagebreak---                                    - 3 -
Vessels of these three countries which hitherto have not landed their
catches in this French department now have the possibility of obtaining
a licence on the basis of a landing contract .
8.      Lastly , this proposal • seeks to maintain the restriction on fishing
in order to conserve the shrimp stocks .    In so doing the proposal also aims
to allow achievement of a level of average catches per vessel high enough
to ensure profitable shrimp fishing , upon which the local processing
industry also depends .                   -
9.      The proposed Regulation also covers requests from the States in the
region concerning" fishing rights in respect of species other than shrimps .
As the quantities involved are fairly small compared with the total fish
stocks in this fishing zc      there was no reason under the present circumstances
to refuse such requests .
10 . •  In the light of the foregoing , the Commission requests the Council ,
after consulting the European Parliament , to adopt the proposed Regulation
annexed hereto .
 ---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 ths 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 ,
  ( 1 ) 0J No C
 ---pagebreak---                                      - 2 -
 Whereas since 1977 the Community has operated a system of conservation .
 and management . of fishery resources applicable to vessels flying the flag
of certain non-member countries in the 200-mile zone off the coast of
 the French Department of Guyana , most recently by the adoption of        Council
                                 1                       ?
Regulations ( EEC ) No 3023 / 79'- and ( EEC)No 3450 / 80 ;  whereas the latter
expires on 31 March 1981 ;
 Whereas' the continuity of the system beyond the date mentioned should
 be assured , in<parti cular by maintaining the restriction on shrimp fishing
 in the zone . in order to conserve the stock and       ensure adequate profitability
 for    the fishermen concerned ;
 Whereas the shrimp processing industry based in the French department of Guyana
 depends on landings from vessels' of non-member countries operating in the
 fishing zone off that department ;
 Whereas , therefore , to ensure that those , vessels which are under contract      ■
 to land their catches in the French department of Guyana can continue
 to fish , the number of     vessels not subject to this obligation which are autho­
rized to fish for shrimps should be further reduced ;
                                         1                 -   -
 Whereas, in applying this reduction , account should be taken of the needs
of developing countries in the region which are endeavouring to develop
their own fishing industries ;
Whereas the other technical and control measures applicable under          Regulation
( EEC ) No 3450 / 80 should be maintained ,
HAS ADOPTED THIS REGULATION :
,( 1 ) 0J No . L 340 , 31.12.1979 , p.11
( 2 ) 0J No    L  360 > 31.12.1980 , p.7
 ---pagebreak---                                     Article 1
1.      Vessels flying the flag of one of the countries listed 1n Annex I
shall be authorized during the period       from 1 April 1981 to 31 March 1982 ,, to
catch the species listed in the said Annex in the fishing zone of 200
nautical miles off the coast of the Fr?nch Department of Guyana , in
conformity with the conditions laid down in this Regulation .
2.      By-catches shall be authorized provided they are taken whilst
fishing ars authorized by a licence as referred to in Article 2 .
                                   Article 2
1.      Fishing in the fishery 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 .
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 hull or superstructure and must not be effaced , altered , covered
or masked in any other way .
                                   Article 3
1 . ' . Licences. .may be issued for shrimp fishing to vessels which fly the flag
of one of-the countries listed in point 1 of Annex I and which are under contract
to land all their catches in the French Department of Guyana . The maximum
number of licences      is specified in point 1 of Annex I.
2.      These licences tehall cease to be valid when the contract concerned comes
to an end , and in any case not later than 31 March 1982 .
 ---pagebreak---                                 Article 4
1.     Licences may be issued for shrimp fishing to vessels other than
those referred to in Article 3 which fly the - flag of one of the countries listed
in point 2 of Annex I. The maximum number of licences and the maximum 'number
of days at sea during which such licences are valid shall be as specified "
 for each country in point 2 of Annex I.
2.     The licences referred to in paragraph 1 shall be issued on the
basis of a fishing plan submitted by the authorities of the country
concerned , approved by the Commission and not exceeding the maximum
number for the country concerned specified in point . 2 of Annex I.
3.     The validity of each of the licences referred to 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 .
                                                        ι
                                Article 5
        '                                       s.
Licences may ,be issued for species other than shrimps to vessels flying the
 flag of one of the countries listed in point 3 of Annex I. The maximum number
 of such licences for each country shall be as specified in point 3 of Annex I.
 ---pagebreak---                                    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 and 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 ) species intended to be fished ;
k ) period for which a licence is requested .
2.       Each licence shall be valid for one vessel only . Where several vessels
are taking part in the same fishing operation, each vessel shall be in possession
of a licence .
                                   Article 7
2.       To obtain a licence as referred to in Article 3 , proof must be produced ,
in respect of each of the vessels concerned , that a valid contract exists
between the shipowner applying for the licence and a shrimp-processing undertaking
in the French Department of Guyana and that it includes an obligation     to land
all catches of shrimps from the vessel concerned in that Department so that
they may be processed by that undertaking .
2. .    The contract referred to in the previous paragraph must be endorsed by
the French authorities which shall ensure that it is consistent with the actual
capacity of the contracting processing undertaking and with the objectives of
the development plan applicable to the French Department of Guyana .
3.      Where the endorsement referred to in the previous paragraph is refused , the
French authorities shall .give notification of this refusal and state their
reasons for it to the party concerned and the Commission .
 ---pagebreak---                                  Art i cleg
1.     A licence application shall be submitted at least one month before
the desired date of commencement of validity .
2.     Licences may be cancelled with a view to the  issuing of new licences .
Such cancellation shall take effect on the first day of the month following
that in which the licences are returned to the Commission .
New licences shall be issued in accordance with paragraph 1 .
                                             t
                                 Artic le 9
1.     Shrimp fishing in the fishing zone referred to in Article 1 shall
be prohibited from 1 May to 31 October 1981 in waters less than 30
metres deep .
2.     Only vessels using long lines shall be permitted to fish for
species other than shrimp .
 ---pagebreak---                                     -7-
                                    Artie Le 1.0
 1.      A Logbook shall be kept in which the following information shall
 be entered after each fishing operation :
 ( a ) size of catch by species ( live weight , in kg );
 ( b ) the date and time of the beginning and end of the fishing operation ;
 ( c ) the position at sea at the time of the fishing operations .
 2.      A copy of each page of the logbook referred to in paragraph 1
 containing the information specified therein shall be forwarded to the
 Commission within 30 days of the last day of each fishing trip .
                                   Article ,1J
 1.      The master of each vessel in possession of a licence referred to
'in Articles 4 and 5 shall observe the special conditions set out in
 Annex II , in particular the obligation to forward the information specified
 in the Annex via the radio station indicated therein . These conditions shall
 form an integral part of the licence .
 2.      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 quantities of shrimp caught and kept on board since the
 last declaration . This declaration shal I be made using the form a model of
 which appears in Annex III .
                                   Article .1.2
 1.      The French^ authorities shall          take all appropriate measures to
 verify the accuracy of the declarations referred to in Article 11          ( 2 ),
 by checking them in particular against the logbook referred to in
 Article 10. The declaration shall be signed by the competent official
 after it has been verified .
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 11     ( 2 ).
 ---pagebreak---                                     _   8-
3.     Before the 15th 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 .
4.     The French authorities shall telex to the Commission a weekly summary
of the declarations referred to in Article 11       ( 2 ).
                                  Article 13
1.     The French author it ies , shal I take appropriate measures to ensure
implementation of this Regulation, including the regular inspection of
vessels .   •       •  '
2. _   Where an infringement is formally ascertained , the' French authorities
shall , without delay , inform the Commission of the name of the vessel
concerned and of any action they may have taken .                                       v
                                  Artic le 1.4
1.     Licences for vessels which have not complied with the obligations
provided for in this Regulation or the landing obligation laid down in * v
a contract as referred to in Article 3 may be withdrawn .
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 who has one or more
other vessels to which licences have been issued , one of these licences
may be withdrawn .
                                                        ■v
3.      A vessel which has failed to comply with the obligations provided ^
for in this Regulation , in Regulation ( EEC ) No        3023 /79 or Regulation ( EEC )
No     3450 /80 or with the landing obligation laid down in a contract
as referred to in Article 3 shall not be granted a licence for a period
of from four to 12 months from the date when the infringement was
committed .
4.      No licence shall he issued during the period referred to in the previous
paragraph to a vessel belonging to a shipowner who also owns a vessle whose
 licence has been withdrawn , under this Article or which has fished without
a licence in the zone referred to in Article 1 .
 ---pagebreak---                                    Article 15
  1.      If , for a period of one month the Commission receives no communication
  as referred to in Article 11., ( 1 ) concerning a vessel in possession of a
  licence referred to in Articles 4 and 5 , 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 16
           Licences valid on 31 March 1981 pursuant to article 3 of Regulation
 ( EEC ) No 3450 /80 may be prolonged, at the request of the authorities
 of the country concerned, until 15 May 1981 . Licenses thus prolonged are
 to be counted, against the number of corresponding licenses fixed in Annex 1 ,
 for the duration of the prolongation .
                                  Article' 17
 This Regulation shall enter into force on 1 April 1981 . "
It shall .apply until 31 March 1982 .
This Regulation shall be binding in its entirety and directly applicable
in all Member States .
   i
Done at Brussels,                          For the Council ,
                                           The President , •
 ---pagebreak---                                                                                                 S
                                           ANNEX I
1.      Licences referred to in Article 3 :
    Vessels flying the flag of                       " Maximum number of licences
    US , A -                           · '  ,           )                   ..                ·
    Japan
                                                        ] 1 Ô0                        .
    Korèa                                               )
2.      Licences referred to in Article 4
 J/essels f lying ^ '            Maximum number of licences         Maximum number of days at ses·
  the flag of :         ■■
 - Barbados                                    18                            1,500
     Guyana _                                  18                            1,500·
     Surname                   ,      ■ ■      18 ■* '                       1 r 500 '
   _ Tri ni dad and
  • Tobago                                     18                            1^500
3.       Licences referred to in Article 5 :
                  .. Vessels flying                          Maximum number of licences
     Species
                     the flag of
 a ) tunny      *    Japan                       .  . ■                   5   ...
                     Korea .                                             10
 b ). Others         Venezuela                                            6
                     Barbados                                        ' '  5  '
              /                                                                     \
 ---pagebreak---                                               ANNEX II
. Vessels in possession of a Licence referred to in Articles 4
   and 5 must communicate information to the Commission of the
   European Communities in Brussels ( address : telex 24189 FISRU-B )
   via the Cayenne radio station ( call sign FFI ) at the following
       (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)Whenever leaving the zone ;                            /                  .
      .(c ) whenever entering a port of a Member State ;                     '.         -
       (d) whenever* leaving a port of a Member State;
       (e) ever- week in respect of the previous week from the date of -ntry into the zone referred to i n
            1 ( a ) or from the date of leaving the port referred to in *>1 ( d ) •
       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 ;                  '     7
       – 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 ;                             x                            l ■    ■                       '
             +                                                                        • -   1
       –      time ;
       –     geographical position ;                                                                   1 '
       –     quantity of each species caught during the fishing operation (in kg);
       –     quantity of each species caught since the previous transmission of information (in kg);            . .
       –     the geographical coordinates of the position where the catches were made;
                                                                                                     \
       –     quantities of catches, by species, transferred to other vessels (in kg) since the previous infor­
             mation ;                                                                     x
  • . – the name, call sign and, where applicable, licence number of the vessel to which the catch
             was transferred ; -                                           ,      *
       – the master's name.
       The following code must be used in reporting species caught in accordance with paragraph             2 I
     < S: Brown shrimp ( Penaeidae), R : Other, Z : Tunny.
    k 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 r
       on behalf of the former.
 ---pagebreak---                                   ANNEX III
                                         1
                                      .
Declaration pursuant to Artide 10 - paragraph 2 •
                            LANDING DECLARATION          (1)
                                                                              S
NAME of vessel :                             Regi stration No . :
NAME of master ;                             Name of Agent : ·
Signatures :                                                                    '
Voyage made from the     /  /      to the :     I  t
Port of                            •
                                                                           ·■■    ν
 Landing :
                                    Quantity of shrimps
                                     Landed ( in Live weight )
                                                                     Signature of
                                                                     ControL Officer
(1)  One copy -j s ' - kept by the mas'^gp     one copy is kept by the Control
     Officer , and one copy is to be sent to the Commission of the European
     Communities'.