CELEX: 51978PC0042
Language: en
Date: 1978-01-30
Title: Proposal for a COUNCIL REGULATION (EEC) laying down with respect to vessels flying the flag of non-member countries certain interim measures for the conservation and management of fishery resources in the 200 mile zone situated 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 (78) 42
Vol. 1978/0015
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In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
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 ---pagebreak---          COMMISSION OP THE EUROPEAN COMMUNITIES
                                                              COM(78)42 final.
                                                              Brussels , 31 January 197° .
                                      Proposal for a
                                 COUNCIL REGULATION ( EEC )
                    laying down with respect to vessels flying the flag
                    of non-member countries certain interim measures for
                    the conservation and. management of fishery resources
                    in the 200 mile zone situated off the coast of the
                               French department of Guyana.
                         ( submitted to the Council by the Commission )
COLH78 ) A2 final .
 ---pagebreak---          ! '0<i3.fi^aSiO2i of ... nteriF , mea^cr-e ;,         oc -    - j-tion
          &nu m»« ■?#©««:!* of fiehe ■.-.«■ resources ::•■ *. i6      ..xic
          zona off tho oc-e«t of V. ,-* F<'->rioh d»p«"fcn<mt of 5uy«««.#
 Expose dos motifs
 Since May 1976 the Community has applied an interim conservation sad
management regime to these waters , which permits fishing of shrimps by
vessels of the United States , Japan , Korea and Surinam , and of turss-like
 species by Japan and Venezuela.              The choice of these countries was
determined by available information about historical fishing activity
when the interim measures were first decided upon .                 The number of vessels t
be lioensed has been adjusted twioe since May 197 6 «                The number of vessels
now permitted to fish in the waters of Frenoh Guyana is considerably lower
than the number operating in the Guyana-Brazil fishery as a whole according
to information from the countries concerned , as is shown below :
                                                                             No « of vessels
                                Maximum number of licences
                                                                             operating in
                                        ( Heg . No 21397fH~                  the region . •
      United States                               85                              134
      J apan                                      21                               72
      Ko rua                                      16                              120
      Surinam                                     10                               24
Since September 1977 a- number of ACP countries in the region have also
claimed to have had historical fishing activity in these waters , and have
requested lioences for their flag vessels , of which the majority belong to
State-owned companies .          In total , a further 104 vessels now seek permission
fish off JVench Guyana, divided between the interested countries as follows
      Guyana                         36    vessels
      Trinidad and Tobago            33
      Barbados                       21
      Surinam                      .24            ( in addition to 10 already licensed)
                                   104
                                                                                       • #/• * •
 ---pagebreak--- All these applicant countries fish for shrimp along the entire length of
the coast from Brazil to Trinidad , supplying their home processing indus­
tries which provide valuable local employment , Surinam and Guyana also
have important shrimp resources in their own waters .
In view of the evident historical interest of these countries in fishing
this stock , and of the economic and social importance of the shrimping
industry in each of the countries concerned, tne Commission finds that
provision should "foe made for fishing vessels of these countries in French
Guyanan waters after' 1 February® Such an approach would be consistent
with the Community 's commitments to promote the economic development of
these countries within the framework of the Lome Convention® It should be
noted in this regard that the Community has already agreed that two fisheries
projects which depend upon access by vessels of the AGP countries concerned
to shrimp fishing in French Guyanan. waters should be written into the indi­
 cative programme of the European. Development Fando
 In the view of the Commission, the duration of interim measures after
 1 February should be fixed so as to permit adequate time to conduct liSgo-
 tiations in view of the conclusion of agreements with the interested coun­
 tries, and to explore the possibility of establishing a regional arrangement
 for the conservation of this joint resource® It is therefore proposed that
 the new interim measures apply for a period of four months , i .e . until
 31 May     1978.
 The Commission proposes that a total allowable catch for shrimp fishing in
 the period 1 February to 31 May fce fixed at 1*000 tons and that this
  quantity be allocated among the different non-member states as follows t
   1 ) an -initial allocation to vessels which at present land their catches
        in French Guyana, such vessels being granted a licence valid for the
        entire duration of the Regulation ;
    2 ) allocation of the remaining quantity to each flag state whose vessels
        traditionally fish in French Guyanan waters , taking account of previous
        allocations made by the Council and their- previous share of fishing in
        the region , as determined by mmber of fishing vessels®
                                                                           f f » 09
 ---pagebreak---                                   -   3
7. The catoh-effort limitations established under the previous interim
   measures were "based upon the assumption that the vessels licensed would
   effectively operate within the Community zone only in a part of the period
   for which they were licensed .   This system will , however , not achieve its
   purpose if the vessels deoide to operate within the Community zone for a
   greater part of the licence period then assumed by the Community.      The
   Commission therefore proposes in order to ensure that the quotas mentioned
   under point 6 will not be exceeded that the limitation on the allowed
   fishing effort be expressed in number of vessel days , in which the vessel
   is assumed to operate exclusively within Guyanan waters , except in the
   case of vessels designated under paragraph 6 ( l ).
8* On applying for licences , countries concerned will be asked to designate
   the time periods for which a licence is requested for each vessel .     Licences
   for vessels designated under 6 ( 2 ) will be issued up to the limit of the
   number of vessel days laid down in the Regulation.     The Commission believes
   that licenoes indicating the authorized period of fishing , combined with
   reporting obligations already in force and spot checks on vessels , will
   facilitate control and avoid the risk of overfishing from intensive fishing
   by authorized vessels over the entire 4-month period .
9. As far as tuna fishing is conoerned , it is proposed that Korea be included
   among those countries permitted to fish tuna in Guyanan waters ; it appears
   that such fishing normally begins in the month of May.     As there is no
   evidence to justify restriction of fishing effort for this species , the
   Commission proposes to permit fishing for all the vessels for which appli­
   cations are received .
 ---pagebreak---                        COUWOII, REGULATION (EEC ) No.
                                 of
             laying down with respect to vessels flying the flag
             of non-member countries certain interim measures for
             the conservation and management of fishery resouroes
             in the 200 mile zone situated off the coast of the
                          French department of Guyana#
THE COUNCIL OP THE EUROPEAN COMMUNITIES
Having regard to the Treaty establishing the European Economic Community ,
Having regard to the Act of Accession,
Having regard to the proposal from the Commission,
Whereas the Council adopted, on 30      January 1978 , rules establishing a
Community policy for the conservation and management of fishery resources ?
Whereas in Regulation (EEC ) No. 1014/77 ( l )» "the Council laid down, until
30 June 1977 » 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-mile zone situated off the coasts of the
French department of Guyana;
Whereas in Regulation (EEC ) NO. 297^/77 ( 2 ) the Council last extended the
regime established by Regulation (EEC ) No. IOI4/77 until 31 January 1978;
Whereas the above Regulations were adopted in order to establish interim
measures pending negotiations between the Community and the countries
concerned in order to. conclude fishery agreements in the zone tinder
consideration ; that pending these negotiations and to avoid an interruption
of fishing it is necessary to establish interim measures for a further
period ;
Whereas the Governments of Barbados , Guyana and Trinidad and Tobago have
requested the Community for fishing possibilities in the above-mentioned
zone for vessels flying their flag;
 1 ) OJ No . L 123 , 17-5.1977 , P. 1
 2) OJ No. L 351 , 31.12.1977 , P. 3
 ---pagebreak---  Whereas vessels of these countries have also in the past fished for shrimp
 in these waters ;
Whereas the Community wishes to contribute to the continuation of this
 activity, given its importance for the economio development of these coun­
tries , and it is therefore necessary to include them among the countries
who se vessels are authorized to fish in this zone ;
Whereas it is necessary to ensure continued supplies for the industries
installed within the territory of the French department of Guyana;
HAS ADOPTED THIS REGULATION :
                                 Article 1
ls      The only catches which vessels flying the flag of a non-member
country shall be authorized to take in the fishing zone extending up to
200 nautical miles from the base lines of the French department of Guyana
covered by Community rules on fisheries are laid down in the Annex.
2a      The fishing quotas shall be granted subject to compliance with the
conservation and surveillance measures and all other provisions governing
fishing in the zones referred to in paragraph la
                                 Article 2
la      Pishing within the zones referred to in Article 1 shall be subject
to the granting of a licence by the Commission on behalf of the Community,
and to observance of the conditions set out in the licence #
These licences are issued to the authorities of the non-member countries
concerned on demand within the limits indicated in paragraphs 2 and 3a
2a      For fishing tunar-like species licences shall be issued for the
number of vessels laid down for each non-member country in paragraph 2
of the Annexa
3»      For shrimp fishing licences may be issued t
     a) to the vessels which have habitually landed their oatohes in the
        French department of Guyana, the number of which is laid down by
        country in paragraph 3 of the Annexa   These lioences shall be
        valid from the date of issue until 31 Key 1978;
                                                                    • •/ • • •
 ---pagebreak---                                      3  -
    b ) "fco vessels other than those referred to in sub-paragraph ( a), on
        the basis of a fishing plan , presented by the authorities of the
         country concerned and approved by the Commission , and which may
        not provide for a total number of fishing days for the entirety
         of the vessels oovered by the fishing plan which exceeds the limit
         indicated in paragraph 4 of the Annex.   The validity of each of
        the licences issued on the basis of a fishing plan shall be limited
        to the fishing period provided for in the plan.
4.      Notwithstanding the dispositions of paragraph 3 f all licences issued
to the vessels of a non-member country shall cease to be valid as soon as
the quota referred to in Article 1 is known to be exhausted .     The Commission
shall inform the authorities of the country concerned .
                   ι
                                  Article 3
        When an application for a licence is submitted to the Commission
the following information shall be supplied :
a) name of 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) intended area of fishing ,
k) species which it is intended to fish,
l) period for whioh a licence is requested .
                                  Article 4
        Each licence shall be valid for one vessel only.    When, several
vessels are taking part in the same fishing operation , each vessel must
be in possession of a licence .
                                                                       • •/• • • •
 ---pagebreak---                                  Article 5
 1.      The licence holder shall comply with the conditions of the licence
 and communicate to a radio station of the Member State referred to in
 Article 6 the information specified therein*
 2*      The authorities of the Member State referred to in Article 6 shall
 immediately and directly communicate to the Commission the information
 referred to in paragraph 1 *
                                 Article 6
         The authorities of the Member State which exercises sovereignty or
jurisdiction in the zone covered by the present Regulation shall take      appro­
priate steps to ensure the enforcement of Article 1 , including the regular
inspection of vessels *
                                Article 7
1*       The authorities of the Member State referred to in Article 6 shall
inform the Commission of any infringement or irregularity within 24 hours
of its detection , as well as the name of the vessel involved and details
of any action taken*
2m       In the event of it being duly established that there has been non­
compliance the lioence shall be withdrawn by the issuing authority*
                                 Article 8
1,       The validity of the licences issued by the Commission under
Regulation (EEC ) No * 2159/77 is extended until 28 February 1978 unless
the said licences are returned before this date by the non-member country
concerned *
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 3 of the Annex ; however returned licences shall not be so
counted with effect from the date on which the Commission receives notifi­
cation *
                                                                      • •/• • •
 ---pagebreak---                                 Article 9
       This Regulation shall enter into force on 1 February 197o »
This Regulation shall "be binding in its entirety and directly applicable in
all Member States .
Done at Brussels .                                 For the Council ,
                                                    The President
 ---pagebreak---                             ANNEX
Fishiiy possibilities for the period from 1 February to 31 May 1978
a) Species    :  Tuna^-like speoies
    Country   :  J apan
                 Korea
                 Venezuela
b ) Species    :  Shrimps
    Country       Barbados                  Quantity (in 1 000 kg) • 4^
                  Guyana                                              46
                  Japan                                              184
                  Korea                                              141
                  Surinam                                             46
                  Trinidad and Tobago                                 4°
                  United States of Amerioa                           ^
ïJumber of vessels referred "fco in Article 2 paragraph 2 •
Japan        5
Korea       23
Venezuela   15
Vessels referred to in Article 2 paragraph 3 ( a) s
United States    54
Maximum number of fishing days referred to in Article 2, paragraph 3 (b)
 Barbados               607
 Guyana                 607
 Japan                1 553
 Korea                1 741
 Surinam                607
 Trinidad-Tobago        607
 United States Of
 America              1 297