CELEX: 51982PC0888
Language: en
Date: 1983-01-07
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 trie French department of Guyana (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (82) 888
Vol. 1982/0269
 ---pagebreak--- Disclaimer
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In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
concerning the opening to the public of the historical archives of the European Economic
Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
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In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                  COΜ(82)888 final
                                                  Brussels , 7 January 1983
                                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
                      trie French department of Guyana
               ( submitted to the Council by the Commission )
 ---pagebreak---                          Explanatory memorandum
 The regulation which is the subject of this proposal lays down the
 fishing arrangements applicable to vessels from non-member countries
 in the fishing zone off the French department of Guiana for the period
 from 1 April 1983 to 31 March 1984 .
 The proposed regulation is largely identical to Council Regulation ( EEC )
 N° 1177 / 82 ( 1 ), which laid down these arrangements for the period from
 1 April 1982 to 31 March 1983 .     The only amendments proposed concern
 the system of licences granted to vessels required to unload their
 entire catches in the department of Guiana .
 The Commission proposes that for these vessels , the number of annual
 licences should be reduced from 78 to 76 and the number of temporary
 licences increased from 3 to 5 , in order to take into account the rise
 in the number of ' Community vessels which will fish in these waters
 in 1983 .
OJ N° L 138 , 19.5.1982 , p. 1
 ---pagebreak---                                                              I
                                                  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
  THE COUNCIL OF THE EUROPEAN                                   ties offered to them under Regulaion (EEC) No it                         [12
   COMMUNITIES,                                                 should be reduced ;
                                                                Whereas the other technical and control measures
   Having regard to the Treaty establishing the European        applicable under Regulation (EEC) No                               should
  Economic Community, and in particular Article 43              be maintained,
  thereof.
   Having regard to the proposal from the Commission,           HAS ADOPTED THIS REGULATION :
  Having regard to the opinion of the European                                                 Article 1
  Parliament ( ' ),
                                                                1.     vessels flying the i.ag of one of the countries
  Whereas since 1977 the Community has operated a               listed in Annex I shall be authorized, during the
  system of conservation and management of fishery              period I April l98Jto 31 March 1 98*+- to catch the
  resources applicable to vessels flying the flag of certain    species listed in the said Annex in the fishing zone of
  non - member countries in the 200 nautical mile zone          200 nautical miles ofMhe coast of the French depart­
  off the coast of the French department of Guyana,             ment of Guyana, in conformity with the conditions
  most recently laid down 1 >y Regulation (EEC) No              laid down in this Regulation.
      2. : (J) ; whereas the latter expired on 31 March
  1983 ;                                                        2. By-catches shall be authorized provided they are
                                                                taken whilst fishing as authorized by a licence as
                                                                referred to in Ar.ide 2 .
 Wneteas the continuity of the system beyond the date
 mentioned should be assurtJ, in particular by main­
 taining the restriction on shrimp fishing in the zone                                         Article 2
 in order to conserve the stock and ensure adequate
  profitability for t'lr fishermen eonrrrncd ;                  1      ('lulling in the fishery /one ref : red to in Article
                                                                I sll.lll l>e Mil >|t i t tl > till" |>i " ■■ ll-il Ml ' ■«■-! i . I 1>I II
 Whereas the shnmp-pi.Ki.ssmg industry based in the            liieiKv , isMii d by ilie Coin mi . >1011 on I »el ■ ill of the
 French department of Giiy.im depends on landings              Community, and to the observance of the conditions
                                                               set out in that licence and the v.ow : I measures and
 from vessels of non-menii>cr countries operating in
 the fishing zone of tiiat department ;                        other provisions regulating fis.'.My .Ttn.ties in that
                                                               zone .
 Whereas, therefore, it is necessary to ensure that those      2.     Such licences shall bt issued on request ;to the
 vessels which are under contract to Iwnd their catches
                                                               authorities of the non-member countries concerned .
 in the French department c4 Guyana can con'inue to
 fish ;                                                        3. Tin- registration letters and numbers of a vessel
                                                               in p"' r-.-.icii ot a licence must Ix clearly marked on
Whereas the quotas and number of licences issued to            both sides of the prow and on both sules of the supcr-
vessels of third countries that did not use the possibili-     striutvire at the most visible point. The letters and
                                                               number; 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
(0 OJ No Ll », 1^5.1981 , p. I.                                way.
 ---pagebreak---                           Article J                              (a) name of the vessel ;
   1.   Licences may be issued for shrimp fishing to             (b) registration number ;
  vessels which fly the flag of one of the countries listed      (c) external identification letters and numbers ;
  in point I of Annex I and which are under contract to          (d) port of registration ;
  land all their catches in the French department of             (e) name and address of the owner or charterer ;
  Guyana. The maximum number of licences is speci­
  fied in point 1 of Annex I. In addition to these               (f) / ross tonnage and overall length ;
  licences,       temporarily renewable licences may be          (g) cngine power ;
  issued under the same conditions.
                                                                 (h ) call sign and radio frequency ;
  2.    These licences shall cease to be valid when the          (i) intended method of fishing ;
 contract concerned comes to an end, and in any case             (j) species intended to be fished ;
  not later than 31 March 198 4 .
                                                                 (k) period for which a licence is requested.
 The duration of the validity of the temporary licences
 referred to in paragraph 1 shall be limited to three-           2.     Each licence shall be valid for one vessel only.
 month periods                                                   Wlu ir several vessels lire             |>:irt in the same
                                                                 fishing operation, each vc.s< I '.hull l>e in possession of
                                                                 a licence .
                          Art tei( 4
                                                                                         Article 7
  1.    Licences may be issued for shrimp "fishing to
 vessels which fly the flag of one of the countries listed
 in point 2 of Annex I. The catch quantities authorized          1.     io obtain a licence as ri ferrxl to in (Article 3,
 under such licences, the maximum number of licences            proof must be produced , in respect of each of the
                                                                vessels concerned , that a v.ilid cor'ract exists between
 and the maximum numhet of days at sea during which
 such licences are valid shall be as specified for each         the shipowner applying for the licence and a shrimp-
 country in point 2 of Annex I.                                 proitsaing undertaking in the French department of
                                                                Guyana and that it includes an obligation to land all
 2.    The licences referred to in paragraph 1 shall be         catches of shrimps from the vessel concerned in that
 issued on the basis of a fishing plan submitted by the         department so that they may be processed, packed and
 authorities of the country concerned, approved by the          stored in that undertaking's plant.
 Commission and not exceeding the maximum
 number for the country concerned specified in point 2          2.     The contract referred to in paragraph 1 must be
of Annex I. -                                                   endorsed by the French authorities, which shall ensure
                                                                that it is consistent with the actual capacity of the
 3.    The validity of each of the licences referred to in  ''  contracting processing undertaking.
 paragraph 1 shall be limited to the fishing period
 provided for in the fishing plan on the basis of which         3. Where the endorsement referred to in paragraph
the licence was issued.                                         2 is refused, the French authorities shall give notifica­
                                                               tion of this refusal and state their reasons for it to the
4.     All licences referred to in paragraph 1 issued to        party concerned and the Commission.
vessels of a third country shall cease to be valid ?s
soon as it is established that the quota laid down in
point 2 of Annex I for that country has been used up.                                   Article 8
                         Article 5                              1.     A licence application shall be submitted at least
                                                               one month before the desired date of commencement
1 . Licences may be issued for species other than              of validity.
shrimps to vessels flying the flag of one of the coun­
tries listed in point 3 of Annex I. The maximum                2. ' Licences may be cancelled with a view to the
number of such licences for each country shall be as           issuing of new licences. Such cancellation shall take
specified in point 3 of Annex I.                               effect on the first day of the month following that in
                                                               which the licences are returned to the Commission.
2.     Licences for fishing thunnidae shall be granted
subject to an undertaking by the owner of the vessel           New licences shall be issued in accordance with
concerned to permit an observer to come aboard at the          paragraph 1 .
Comnnssi.i /m request.
                         Article 6                                                      Article 9
1.     The following information shall accompany               1 . Shrimp fishing in the fishing zone referred to in
applications for licences submitted to the Commis­             Article 1 shall be prohibited in water* less than 30
sion :                                                         metres deep.
               /
 ---pagebreak---        2.    Only vessels using long lines shall be permitted                                    Article 14
       to fish for species other than shrimp.
                                                                         1 . Licences for vessels which have not complied
                                Article 10                              with the obligations provided for in this Regulation or
                                                                        the landing obligation laid down in a contract as
      A fishing rcn n , a model of which appears in Annex               referred to in Article 3 may be withdrawn.
      II, sh'.ll h.. . oinpleted after each fishing operation.          2. Where a vessel fishes without a valid licence in
      A iopy of i 1 1 i" return otinll br <enf to the Commiwion         the rone referred to in Article I , and where that ve-Mel
      within 30 day* of the lust day of each fishing trip.              belong, to ii shipowner who h.«s one or more other
                                                                        vessels to which licences have been issued, one of
                                                                        these licences may be withdrawn .
                                Artide 11
                                                                        3.     A vessel which has failed to comply with the
      1.    The master of earh vessel in possession of a               obligations provided for in this Regulation, or with the
     licence referred to in Articles 4 ami S -, h.ill observe the      landing obligation laid down in a contract as referred
     special conditions set out in Annex III, and in parti­            to in Article 3, shall not be granted a licence for A
    cular the obligation to forward the information speci­             period of from four to 1 2 months from the date when
     fied in the Annex via the radio station indicated                 the infringement was committed .
    therein. These conditions shall form an integral part of
    the licence.
                                                                       4.     No licence shall be issued during the period
                                                                       referred to in the previous paragraph to a vessel be­
    2.      The master of each vessel in possession of a               longing to a shipowner who also owns a vessel whose
    licence as referred to in Article I shall , on landing the        licence has been withdrawn under this Article or
    catch after each trip, " submit to the French authorities         which has fished without a licence in the zone referred
    a declaration for whose accuracy the master alone is              to in Article 1 .
    responsible, stating the quantities of shrimp caught
   and kept on board since the last declaration. TTiis
   declaration shall be made using the form, a model of                                         Article 15
   which appears in Annex IV.
                                                                      1 . It, for a period of one month, the Commission
                               Article 12                            receives no communication as refered to in Article 11
                                                                     ( 1 ) concerning a vessel in possession of a licence
   1.      The French authorities shall take all appropriate         referred to in Articles 4 and 5, the licence of such
                                                                     vessel shall be withdrawn .
  measures to verify ( he accuracy of the declarations
  referred to in Article 1 1 (2), by c IK- ting them in parti­
  cular against the log-l'ook referred to in Article 10.             2.      If, for a period of one month, a vessel in posses­
  The declaration shall be signed by the competent                  sion of a licence as referred to in Article 3 has made
  official after it has been verified .                             no use of it, the licence of such vessel shall be with­
                                                                    drawn, except :
  2.       The French authorities shall ensuii          that all
  landings of shrimps in the French department of
                                                                    – if the vessel is under repair,
  Guyana by vessels in possession a licence as referred             – in cases of force majeure.
 to in Article 3 shall be the subject of a declaration as
 referred to in Article 1 1 (2).
                                                                                              Article 16
 3.       Before the end oi cac h month, the French autho­
 rities shall send to the Commission all liic declarations          Licences valid on                     . pursuant to Article 3
 ; ferrcd to in paia^iitjih 2 relating to the preceding            of Regulation (EEC) No               , may be prolonged, at
 month .                                                           the request of the authorities of the country
                                                                   concerned ,        until                 -    Licences   thus
                                                                   prolonged are to be counted against the number of
                              Article 13                           corresponding licences fixed in Annex I for the dura­
                                                                   tion of the prolongation .
 1.       The French authorities shr !! take appropriate
measures to ensure control of the implementation of
this Regulatic i , include,: the regular inspection of                                        Article 17
vessels .
                                                                  This Regulation shall enter into force on the day of its
2. Where an infrinj - npnt is formally ass.frtr.ined,             publication in the Official Journal of the European
the French authorities -. hull , without d«'!.-.y, Inform the     Communities.
Commission of the nf ne of I ! < •~              concerned and
      any action they may have taken .                            It shall apply from 1 April 1983 until 31 March 198*/.
 ---pagebreak---    This Regulation shall be binding in its entirety and directly applicable in all Member
   States.
   Done at Brussels,                                                     ,
                                                                                 For the Council
                                     \                                            The President
                                                      ANMX I
   I. Licences referred to in Article 3
τ
                    VcswU flying ihe flag of                               Maximum number of licences
   USA
                                                                ν          3Í licences and Ç
   Japan                                                        ι           temporary licences
   2 . Licences referred to in Article 4
                                       Maximum number
                                        of vessels with           Quantity ot authorized       Maximum number
       Vessels flying the flag of                                   catches in tonnes           of days at sea
                                           a licence
   Bnrhuilon                                 p.m .                          p.m .                    p.m .
  Guyana                                     p.m .                          p.m .                    p.m .
  Surinam                                     144                             IB                    1 200
  Trinidad and Tobago                          69                              9                      600
  3 . Licences referred to in Article 5
            Species                  Vessels flying the flag of                   Maximum number of licences
  (a) Tunny                     Japan                                                        5
                                Κ otter                                                     10
  (b) Others                    Venezuela                                                    6
                                Barbados                                                     J
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 ---pagebreak---                                                 ANNF.X 11/
                                            Spécial conditions
 1 . Vessels in possession of a licence referred to in Articles 3, 4 and 5 must communicate information
      to the Commission of the European Communities in Brussels (address : tele* 24189 FISEU-B) via
     the Cayenne radio station (call sign FFI) at the following times :
     (a) on each entry into zones extending up to 200 nautical miles off the coast of the French depart­
          ment 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) every week in respect of the previous week from the date of entry into the zon ; referred to in
          (n) or from tlir     of leaving the port rrfrrrrd to in (d).
 2. Communications transmitted in accordance with the conditions of the licence at the times speci­
     fied in 1 shove should include the following particulars, where appropriate, and should be trans­
     mitted in the following order :
     – name of vessel.
     – radio call sign ,
     – licence nurnber.
     – 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 ,
     – for vessels in possession of a licence referred to in Article 1, the activity of the vessel during
         the period (under way, fishing, at anchor, in harbour, unloading, under repair, others),
    – 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 iniorma-
         tion ,
    – the name, call sign and, where applicable, licence number of the vessel to which the catch was
         transferred,
    – the masiers name.
3. The following code must be used in reporting species caught in accordance with paragraph 2 :
    S : Brown shrimp (Penaeidae) ;
    Z : Tunny ;
    R : Other.
4. In cases where, for reasons of force majeure, the communication cannot be transmitted hy the
    vessel in possession of a licence, the message may be transmitted by another vessel on behall of
    the former.
 ---pagebreak---                                                         ANNFX IV
                                         Declaration pursuant to Article 11 (2)
                                           LANDING DECLARATION (')
  Name of vessel :                                                               Registration Ν 3 :
  Name of matter :                                                               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 :
                                             or (     x 1-6)                                kg (head on shrimp)
     Head on shrimp :
     Thunnidae :                                  k*             Other                                            kg
(') One copy is i f-        h n v. , ropy it kept by the control officer, and one copy is to be sent to the Commission of the
    European Co*T* mii»*.i!<?t.