CELEX: 51978PC0243
Language: en
Date: 1978-06-29
Title: Proposal for a COUNCIL REGULATION (EEC) laying down certain interim measures for the conservation and management of fishery resources in the 200 nautical mile zone off the coast of the French department of Guyana for the period 1 June to 31 December 1978 (submitted to the Council by the Commission)

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COM (78) 243
Vol. 1978/0079
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 ---pagebreak---           COMMISSION OF THE EUROPEAN COMMUNITIES
                                                                 COM(78)243 final.
                                     \."
                                                                 Brussels , 29 May I978
                                     Proposal for a
                                COUNCIL REGULATION (EEC )
                laying down certain interim measures for the conservation
                and management of fishery resources in the 200 nautical
                mile zone off the coast of the French department of Guyana
                          for the period 1 June to 31 December 1978
                        ( submitted to the Council "by the Commission)
COM ( 78 ) 243 final
 ---pagebreak---  Council Regulation (EEC ) tf° ••• laying down certain interim conservation and
management measures applioable to the waters of the French Department of Guyana
EXPLANATORY MEMORANDUM
On 31 January 1978 the Community adopted certain conservation measures for the
period up to 31 May 1978 , in order to allow a farther period in which the
Commission could explore the possibility of bilateral negotiations with neigh­
bouring coastal states fishing in these waters *
In considering arrangement s for the rest of 1978, the Commission has been guided
by three principle considerations , namely, the continuing need for caution in
the management of the French Guyana shrimp stock , the necessity of guaranteeing
supplies to the local processing plant , and the need to allocate in an equitable
manner the resources remaining after the needs of the local plant have been
met to vessels which do not land their catches in French Guyana*
As far as the total allowable level of shrimp fishing in these waters is
concerned , the Commission considers that pending further scientific field-work
and analysis , a TAC for the year 1978 of 3*300 tons , which amounts approximately
to 20<f0 of recent total catches in the Guyanas-Brazil shrimp fishery , seems to be
appropriate *
If activity in the French Guyanan shrimp-processing industry is to be kept at
last year 's level , landings at Cayenne will have to be 2*400 tons in 1978*     In
order to attain this goal , and given that landings from 1 January to 31 May
are estimated to reach 85O tons , it will be necessary for the vessels (73 )
currently under contract to land at Cayenne to operate at their full capacity
for the rest of the year , and, taking into account the fact that these vessels
can no longer fish in Brazilian waters , they must     be  permitted to
fish freely in French Guyanan waters * 1*500 tons have therefore been allocated
to the vessels conoerned, whioh is their estimated catch capacity in the period
concerned *                     ~ -
                                                                        • •/• ••
 ---pagebreak--- T& '<■( *          sc.-.; - ri ! '".e a ' ocs tion to vsrsels landing in Cayenne mentioned
 in 7?:-cVTi 'ip'"- 4     rtn.c the r --t ; ;ni,tca. l-vel of totnl catches from French Guyanan
 waters in the /ivst five r -nrthB of the year ( 1.200 t ), a TAG for 1978 of
 3.300 t will mean -that "J-loca^iona to vessels not landing in Cayenne will, be
 reduced in comparison with allocations made in the first part of the year .
 The resultant quantity haa 'been divided between interested flag states on the
"bacis of previous fishing activity in these waters , as reflected in vessel
numbers .
As for fishing for other species , the Commission proposes that fishing for
tuna should be limited to long-liners , in order to avoid the risk of unautho­
rized fishing for shrimp .                Furthermore , in response to a recent request from
Venezuela , the Commission proposes that 20 Venezuelan vessels should be licensed
to conduct an artisanal fishery for fish species other than tuna*                      (Most of
these catches are in fact landed in French Guyana.)
The Commission holds the view                              that this Regulation should in prin­
ciple be adopted on the basis of Article 43 of the Treaty ,                    In view of the
urgency resulting from the expiry date of the current Regulation , however ,
the Commission proposes that these measures be adopted by an interim Regulation
under Article 103 , pending adoption following the normal procedures of a
second Regulation based on Article 43 »
 ---pagebreak---                                                                                  1
                                           PROPOSAL
                        COUNCIL REGULATION (EEC ) IT0
                                    of
             laying down certain interim measures for the
             conservation and management of fishery resour­
             ces in the 200 nautical mile zone off the coast
             of the French department of Guyana for the period
             1 June to 31 December 1978 .
THE COUNCIL OP THE) EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Community,
and in particular to Article 103 thereof ,
Having regard to the proposal from the Commission,
Whereas the Council adopted on 3 November 1976 a set of resolutions concerning
certain external and internal aspects of the common fisheries policy;
Whereas in Regulation (EEC ) N° 1014/77(1 ) > the Council laid down certain
interim measures for the conservation and management of fishery resources
applicable to vessels flying the flag of certain third countries in the 200
mile zone situated off the coast of the French department of Guyana, these
measures having been extended several times ;
Whereas in Regulation (EEC ) N° 205/78(2 ) the Council adopted revised interim
measures applicable to these waters , and in particular laid down specific limi­
tations on the fishing activity of vessels not landing their catches in French
Guyana;
Whereas the above Regulations were adopted in order to establish interim
measures pending examination of the feasibility of concluding fishery agree­
ments between the Community and the countries concerned ;
Whereas pending the conclusion of this examination farther interim measures
should be established ;
Whereas the dependence of fishing     vessels supplying the processing industry
installed within the territory of     the French department of Guyana on the
resources of the waters of French     Guyana has been increased by restrictions
recently imposed in other waters ,    and a readjustment of quota allocations is
therefore necessary;
Whereas this processing industry depends upon the landings of foreign vessels
fishing in French Guyanan waters ; whereas continued fishing by these vessels
should therefore be ensured ;
Whereas these measures must be taken without delay, and it is therefore
necessary to adopt them as interim measures , on the basis of Article 103 of
the Treaty, subject to their being replaced later by identical measures
adopted Tinder Article 43 of the Treaty ,
HAS ADOPTED THIS REGULATION s
u ; OJ N° L 123 , 17.5.1977 , p . 1
( 2 ) OJF L 29 , 1.2.1978 , p . 6
 ---pagebreak---                                        Article 1
1#         The only catches which vessels flying the flag of a third country shall
"be authorized to take during the period from 1 June to 31 December 1978 in the
fishing zone extending 200 nautical miles off the French department of Guyana
and covered "by Community rules on fisheries are laid down in the Annex.
 2.        The fishing quotas shall "be granted subject ID compliance with the
 conservation and surveillance measures and all other provisions governing fishing
 in the zones referred to in paragraph 1®
                                      Article 2
 1*        Pishing within the fishing zone referred to in Article 1 shall be
 subject to the possession of a licence issued 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 third countries
 concerned on demand within the limits indicated in paragraphs 2 and 3 .
 2*        For fishing species other than shrimp , licences shall be issued for
vessels fishing with long lines in accordance with the number laid down by
country in paragraph 2 of the Annex.
 3«        For shrimp fishing, licences may be issued :
     ( a) to the vessels which are under contract to land their catches in
           the French Department of Guyana, the number of which is laid down by
           country in paragraph 3 of the Annex .  These licences shall be valid
           from the date of issue until 31 December 1978 ;
      (b ) to vessels other than those referred to in subparagraph ( a), on the
           basis of a fishing plan presented by the authorities of the country
           concerned and approved by the Commission which may not provide for a
           total number of fishing days for all of the vessels covered 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 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 Article 1 is exhausted.
           The Commission shall inform the authorities of the country concerned
thereof .
r
 5.        Vessels licensed to fish                    shall keep a log book in
which the following information is to be entered after each haul :
     ( a) the quantity ( in lbs.) of each species caught ;
     Cb ) the date and the time of the haul ;
     ( c ) the geographical position in which the catches were made .
 ---pagebreak---                                        Article 3
            When an application for a licence is submitted to the Commission, the
 following information shall be supplied :
    • (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 ) intended area of fishing;
      (k ) species which it is intended to fish;
      (l ) period for which a licence is requested#
                                       Article 4
            Each licence shall be valid for one vessel only# When several vessels
 axe taking part in the same fishing operation, each vessel must be in possession
 of a licence .
                                       Article 5
 1.         The licence holder shall comply with the conditions of the licence and
 comnunicate to Cayenne radio station ( call sign FFJ) the information specified
 therein .
 2«         The French authorities shall immediately and directly communicate to
 the Commission the information referred to in paragraph 1 .
                                      Article 6
            The French authorities shall take appropriate measures to ensure the
 implementation of Article 1 , including the regular inspection of vessels *
                                       Article 7
 1.         The French authorities 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#
 2.         In the event of it being duly established that there has been non­
 compliance , the licence shall be withdrawn by the issuing authority#
                                        Article 8
           The validity of the licences issued by the Commission under paragraph 3 ( a)
of Article 2 of Regulation (EEC ) F° 205/7 8 is hereby extended until 30 June 197oc
                                     Article 9
 This Regulation shall enter into force on lJune 1978*
 ---pagebreak---                                    -  A   -
This Regulation ehai'JL be binding in its? entirety and directly applicable in
all Member Sta^tu
Done at Brussels ,
                                                      For the Council ,
                                                      The President .
 ---pagebreak---                                       ANNEX
1.  Pishing possibilities for the period 1 June to 31 December 1978
    ( a) Species : Shrimps :
                                                  Quantity ( tons )
         Country   Barbados                     :       65
                   Guyana                     !:        65
                   Japan                      !:      285
                   Korea                      !:      140
                   Surinam                    :î        65
                   Trinidad & Tobago          !!        65
                   United States of America ::     . 1465
    (b ) Species : tuna-like species :
         Country î Japan
                   Korea
    ( c) Species s fish other than tuna-like species
         Country : Venezuela.
2 . Number of vessels referred to in Article 2 ( 2 ) s
                   Japan        5
                   Korea       23
                   Venezuela   20
3 . Vessels referred to in Article 2 ( 3 ) ( a) :
                   United States : 68
                   Japan          î 10
4. Maximum number of fishing days referred to in Article 2 ( 3) (b )
                   Barbados                   !î     735
                   Guyana                     !:     735
                   Japan                      'ï    905
                   Korea                      <'! 1585
                   Surinam                     i:    735
                   Trinidad and Tobago         ::    735
                   United States of America !:      790