CELEX: 31978R0205
Language: en
Date: 1978-01-31 00:00:00
Title: Council Regulation (EEC) No 205/78 of 31 January 1978 laying down certain interim 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

No L 29 /6                             Official Journal of the European Communities                                1 . 2. 78
                                     COUNCIL REGULATION ( EEC) No 205 /78
                                                     of 31 January 1978
             laying down certain interim 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                                      Whereas continued supplies for the industries instal­
COMMUNITIES,                                                      led within the territory of the French department of
                                                                  Guyana should be ensured,
Having regard to the Treaty establishing the European
Economic Community,
Having regard to the Act of Accession ,                           HAS ADOPTED THIS REGULATION :
Having regard to the proposal from the Commission ,
                                                                                          Article 1
Whereas the Council adopted, on 3 November 1976, a
set of resolutions concerning certain external and
internal aspects of the common fisheries policy ;                 1 . The only catches which vessels flying the flag ol
                                                                  a third country shall be authorized to take in the
Whereas in Regulation ( EEC) No 1014/77 ('), the                  fishing zone extending 200 nautical miles from the
Council laid down , until 30 June 1977, certain                   base lines of the French department of Guyana and
interim measures for the conservation and manage­                 covered by Community rules on fisheries are laid
ment of fishery resources applicable to vessels flying            down in the Annex .
the flag of certain third countries in the 200 mile
zone situated off the coast of the French department
                                                                  2. The fishing quotas shall be granted subject tc
of Guyana ;
                                                                  compliance with the conservation and surveillance
                                                                  measures and all other provisions governing fishing in
Whereas in Regulation (EEC) No 2971 /77 (2), the                  the zones referred to in paragraph 1 .
Council last extended the arrangements established by
Regulation (EEC) No 1014/77 until 31 January 1978 ;
                                                                                          Article 2
Whereas the above Regulations were adopted in order
to establish interim measures pending negotiations
between the Community and the countries concerned                  1.   Fishing within the fishing zone referred to ir
in order to conclude fishery agreements in the zone               Article 1 shall be subject to the possession of a licence
under consideration ; whereas pending these negotia­              issued by the Commission on behalf of the Commu­
tions and to avoid an interruption of fishing, interim            nity, and to observance of the conditions set out ir
measures should be established for a further period ;             the licence .
Whereas the Governments of Barbados, of Guyana                    These licences are issued to the authorities of the
and of Trinidad and Tobago have requested the                     third countries concerned on demand within the
Community for fishing possibilities in the above­                 limits indicated in paragraphs 2 and 3 .
mentioned zone for vessels flying their flag ;
Whereas vessels of these countries have, in the past,             2.    For fishing tuna-like species, licences shall bt
                                                                  issued for the number of vessels laid down for each
fished for shrimps in these waters ;
                                                                  third country in paragraph 2 of the Annex.
Whereas the Community wishes to contribute to the
continuation of this activity, given its importance for           3.    For shrimp fishing, licences may be issued :
the economic development of these countries, and
they should therefore be included among the coun­                 (a) to the vessels which have habitually landed theii
tries whose vessels are authorized to fish in this zone ;             catches in the French department of Guyana, tht
                                                                      number of which is laid down by country in para­
(•) OJ No L 123, 17 . 5 . 1977, p. 1 .                                graph 3 of the Annex. These licences shall bt
(2) OJ No L 351 , 31 . 12. 1977, p . 3 .                              valid from the date of issue until 31 May 1978
 ---pagebreak---  1 . 2. 78                          Official Journal of the European Communities                          No L 29/7
(b) to vessels other than those referred to in subpara­        station of the Member State referred to in Article 6
     graph (a), on the basis of a fishing plan presented       the information specified therein .
      by the authorities of the country concerned and
      approved by the Commission which may not
                                                               2.     The authorities of the Member State referred to
      provide for a total number of fishing days for all of
      the vessels covered by the fishing plan which            in Article 6 shall immediately and directly communi­
                                                               cate to the Commission the information referred to in
      exceeds the limit indicated in paragraph 4 of the
      Annex. The validity of each of the licences issued       paragraph 1 .
      on the basis of a fishing plan shall be limited to
      the fishing period provided for in the plan .
                                                                                        Article 6
4. Notwithstanding paragraph 3, all licences issued
to the vessels of a third country shall cease to be valid
as soon as it is established that the quota referred to in     The authorities of the Member State which exercises
Article 1 is exhausted .                                       sovereignty or jurisdiction in the zone covered by this
                                                               Regulation shall take appropriate measures to ensure
The Commission shall inform the authorities of the             the implementation of Article 1 , including the regular
country concerned thereof.                                     inspection of vessels.
                                                                                        Article 7
                          Article 3
                                                               1.     The authorities of the Member State referred to
When an application for a licence is submitted to the          in Article 6 shall inform the Commission of any
Commission , the following information shall be                infringement or irregularity within 24 hours of its
supplied :                                                     detection , as well as the name of the vessel involved
                                                               and details of any action taken .
(a) name of vessel ;
(b) registration number ;                                      2. In the event of it being duly established that
(c) external identification letters and numbers ;              there has been non-compliance, the licence shall be
                                                              withdrawn by the issuing authority.
(d) port of registration ;
(e) name and address to the owner or charterer ;
(f) gross tonnage and overall length ;                                                  Article 8
(g) engine power ;
(h) call sign and radio frequency ;                            1 . The validity of the licences issued by the
                                                              Commission under Regulation (EEC) No 21 59/77 ( l)
(i) intended method of fishing ;                              is hereby extended until 28 February 1978 unless they
(j) intended area of fishing ;                                are returned before that date by the third country
                                                              concerned .
(k) species which it is intended to fish ;
(1) period for which a licence is requested .                 2. The number of days of validity of the licences
                                                              referred to in paragraph 1 shall be counted against the
                                                              limit for fishing days laid down in paragraph 4 of the
                          Article 4                           Annex ; however, returned ' licences shall not be so
                                                              counted with effect from the date on which the
                                                              Commission receives notification thereof.
Each licence shall be valid for one vessel only. When
several vessels are taking part in the same fishing oper­
ation , each vessel must be in possession of a licence .
                                                                                        Article 9
                          Article 5
                                                              This Regulation shall enter into force on 1 February
                                                               1978 .
1.     The licence holder shall comply with the condi­
tions of the     licence and communicate      to a   radio    (') OJ No L 250, 30 . 9 . 1977, p. 15 .
 ---pagebreak--- No L 29 /8                    Official Journal of the European Communities                        1 . 2 . 78
           This Regulation shall be binding in its entirety and directly applicable in all Member
           States .
           Done at Brussels, 31 January 1978 .
                                                                    For the Council
                                                                      The President
                                                                      P. DALSAGER
 ---pagebreak--- 1 . 2. 78                          Official Journal of the European Communities No L 29 / 9
                                                         ANNEX
          1 . Fishing possibilities for the period 1 February to 31 May 1978
              (a) Species :   Tuna-like species :
                  Country : Japan
                              Korea
                              Venezuela
              (b) Species :   Shrimps :
                                                     Quantity (tonnes)
                  Country : Barbados :                        46
                              Guyana :                        46
                              Japan :                       1 84
                              Korea :                      141
                              Surinam :                       46
                              Trinidad and Tobago :           46
                              United States of America :   491
          2. Number of vessels referred to in Article 2 (2) :
              Japan :          5
              Korea :         23
              Venezuela :     15
          3 . Vessels referred to in Article 2 (3) (a) :
              United States :   54
          4. Maximum number of fishing days referred to in Article 2 (3) (b) :
              Barbados :                      607
              Guyana :                        607
              Japan :                       1 553
              Korea :                       1 741
              Surinam :                       607
              Trinidad and Tobago :           607
              United States of America :    1 297