CELEX: 31986R4040
Language: en
Date: 1986-12-22 00:00:00
Title: Council Regulation (EEC) No 4040/86 of 22 December 1986 laying down for 1987 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 Guiana

31 . 12 . 86                                 Official Journal of the European Communities                            No L 376 / 101
                                            COUNCIL REGULATION (EEC) No 4040 / 86
                                                          of 22 December 1986
                  laying down for 1987 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 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 3729 / 85 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 1987 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 3729 / 85 ( 2 );
                                                                                                  Article 2
whereas the latter Regulation expires on 31 December
1986 ;
                                                                        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
    OJ No L 361 , 31 . 12 . 1985 , p . 58 .                             possession of a licence must be clearly marked on both
 ---pagebreak--- No L 376 / 102                             Official Journal of the European Communities                                   31 . 12 . 86
sides of the prow and on both sides of the superstructure at          4 . All licences referred to in paragraph 1 issued to vessels
the most visible point . The 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 other way .
                                                                                                 Article 5
                            Article 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 weir as the                   countries listed in point 3 of Annex I. 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 subject 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 1987 .
                                                                      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 ) name 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 I.                                                   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
and not exceeding the limits for the country concerned                1 . To obtain a licence as referred to in Article 3 , proof
specified in point 2 of Annex I.                                      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 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
in 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--- 31 . 12 . 86                              Official Journal of the European Communities                               No L 376 / 103
2 . The contract referred to in paragraph 1 must be                  4 . Shark fishing shall 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 forbidden 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
                                                                                                 Article 11
shall be appended to the licence application .
                                                                     A log-book , a model of which appears in Annex II , 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 III ,
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 .
                                                                                                 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 11 . The declaration shall
                                                                     be signed by the competent official after it has been
                                                                     verified .
                            Article 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).
                           Article 10
1 . Fishing for shrimps of the species Penaeus subtilis and          3 . Before the end of each month , the French authorities
Penaeus brasiliensis shall be forbidden in waters of a depth         shall send to the Commission all the declarations referred
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 .
                                                                     The granting of licences to vessels from third countries
                                                                     shall be subject to the undertaking by the owner of the
3 . Snapper fishing shall be authorized only for vessels             vessel concerned to permit an observer to come on board at
using long lines or traps .                                          the Commission's request.
 ---pagebreak--- No L 376 / 104                           Official Journal of the European Communities                                   31 . 12 . 86
                           Article 15                               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 measures          without a licence in the zone referred to in Article 1 .
to ensure that the obligations set out in this Regulation are
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
                            Article 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
                                                                     1986 pursuant to Article 1 of Regulation (EEC ) No
                                                                    3729 / 85 may be extended , at the request of the authorities
infringement was committed .                                        of the country concerned , until 31 January 1987 . 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 1987 .
 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 1987 .
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States .
                  Done at Brussels , 22 December 1986 .
                                                                                          For the Council
                                                                                            The President
                                                                                              G.SHAW
 ---pagebreak--- 31 . 12 . 86                              Official Journal of the European Communities                                          No L 376 / 105
                                                                 ANNEX I
             1 . Licences referred to in Article 3
                           Vessels flying                     Maximum number                        Of which maximum number
                            the flag of                           of licences                          of renewable licences
             USA                                                       32                                         8
             2 . Licences referred to in Article 4
                           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                                         130                         16                            840
             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                                                      2
 ---pagebreak---               BILAG II — ANHANG II — ΠΑΡΑΡΤΗΜΑ II — ANNEX II — ANNEXE II — ALLEGATO II — BIJLAGE II
   FICHE DE PÊCHE                                       LOG SHEET
   Nom du navire                                        Nation
   Vessel name
   N° d immatriculation -                               N° de licence ZEE -
   Official No                                          Fishing licence No
    Nom du capitaine                                    Nbre equipage
    Captain's name                                      No in crew
    Départ de                                           Date
    Depart from
    Débarquement a                                      Date
    Landed at
                                        Nombre de fois    Total                    Crevettes  Crevettes conservées à bord
                                                                         Queues
                           Jour ou nuit  ou les engins  heures de      de crevette  entières  Shrimps retained on board
Mois / Month Zone n° Sonde               ont été mis Λ                                                                    Vivaneaux Requins Thonidés
                           Day or night                   pêche        'Head-off   'Head-on '   Penaeus :
 Jour / Day          Depth              l'eau / N umber
                                                                                                            Xyphopenaeus   Snapper   Shark    Tuna
                             (D or N)    of rimes gear    Hours          shrimp     shrimp       subtilis
                                             is shot      fished          ( kg)       ( kg)    brasiliensis    Kroyerii
 ---pagebreak--- 31 . 12 . 86                                  Officiarjournal of the European Communities                                    No L 376 / 107
                                                                    ANNEX III
                                                                 Special conditions
            1 . Vessels in possession of a licence referred to in Article 4 and 5(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 .
            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--- No L 376 / 108                           Official Journal of the European Communities                                      31 . 12 . 86
                                                            ANNEX IV
                                             Declaration pursuant to Article 12 (2)
                                               LANDING DECLARATION 1
   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 shrimp :                                                                        kg
                                                   or (     x 1,6)                                kg (head-on shrimp)
        'Head-on' shrimp :                                                                        kg
        Thunnidae :                                     kg             Snapper (Lutjanidae) :                          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.