CELEX: 31985R3729
Language: en
Date: 1985-12-20 00:00:00
Title: Council Regulation (EEC) No 3729/85 of 20 December 1985 laying down for 1986 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

No L 361 / 58                               Official Journal of the European Communities                                  31 . 12 . 85
                                            COUNCIL REGULATION (EEC) No 3729 / 85
                                                          of 20 December 1985
                 laying down for 1986 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 ,                             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                  Whereas the technical and control measures applicable
 Economic Community ,
                                                                       under Regulation ( EEC ) No 8 / 85 should be maintained
                                                                        and , should this prove necessary , supplemented ,
Having regard to Council Regulation ( EEC ) No 170 / 83 of
 25 January 1983 establishing a Community system for the
 conservation and management of fishery resources ( J ), and
 in particular Article 11 thereof,                                     HAS ADOPTED THIS REGULATION :
 Having regard to the proposal from the Commission ,
                                                                                                  Article 1
 Whereas under the terms of Article 2 of Regulation ( EEC )
 No 170 / 83 it is incumbent upon the Council to formulate ,           Vessels flying the flag of one of the countries listed in
 in the light of the available scientific advice the                   Annex I shall be authorized , during the period from
 conservation measures necessary to achieve the aims set out           1 January to 31 December 1986 to fish for the species listed
 in Article 1 of that Regulation ;                                     in the said Annex in the part of the 200-nautical-mile
                                                                       fishing zone off the coast of the French department of
                                                                       Guiana that lies more than 12 nautical miles from the base
 Whereas , since 1977 , the Community has operated a                   lines , in conformity with the conditions laid down in this
 system of conservation and management of fishery                      Regulation .
 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 most recently                                            Article 2
laid down by Council Regulation ( EEC) No 8 / 85 ( 2 );
whereas the latter Regulation expires on 31 December                   1 . Fishing in the fishery zone referred to in Article 1 shall
 1985 ;                                                                be subject to the possession on board of a licence , issued by
                                                                       the Commission on behalf of the Community , and to the
                                                                       observance of the conditions set out in that licence and the
Whereas the continuity of the system should be assured , in            control measures and other provisions regulating fishing
particular by maintaining the restriction on shrimp fishing            activities in that zone .
in the zone in order to conserve the stock and ensure
adequate profitability for the fishermen concerned ;
                                                                       2 . Applications for licences shall be submitted by the
                                                                        authorities of the non-member countries concerned to the
Whereas the processing industry based in the French
                                                                       Commission's services at least 15 working days before the
department of Guiana depends on landings from vessels of               desired date of commencement of validity . Licences will be
non-member countries operating in the fishing zone off that            issued to the authorities of the third countries concerned.
department ;
Whereas , therefore , it is necessary to ensure that those
                                                                        3 . Where no application for the grant of a licence as
vessels which are under contract to land their catches in the
                                                                        referred to in point 1 of Annex I , has been submitted
French department of Guiana can continue to fish ;                      within 15 working days of the date of entry into force of
                                                                        this Regulation , the Commission , at the request of the
                                                                        French authorities , may issue licences , via the French
Whereas shrimp fishing licences calculated on the basis of              authorities , to the shipowners of the relevant non-member
scientific advice have been issued to non-member countries              countries .
whose vessels fish in the zone of the said department and
                                                                        4 . The registration letters and numbers of a vessel in
                                                                        possession of a licence must be clearly marked on both
í 1 ) OJ No L 24 , 27 . 1 . 1983 , p . 1 .                              sides of the prow and on both sides of the superstructure at
( 2 ) OJ No L 1 , 1 . 1 . 1985 , p . 73 .                               the most visible point . The letters and numbers must be
 ---pagebreak--- 31 . 12 . 85                                Official Journal of the European Communities                               No L 361 / 59
painted in a colour that contrasts with the colour of the              4 . All licences referred to in paragraph 1 issued to vessels
hull or supertructure and must not be obliterated , altered ,          of a non-member country shall cease to be valid as soon as
covered or masked in any other way .                                   it is established that the quota laid down in point 2 of
                                                                       Annex I for that country has been used up .
                             Article 3                                                              Article 5
1 . The maximum number of licences , as well as the                    1 . Licences may be issued for the fishing of species other
maximum number of temporary renewable licences that                    than shrimps to vessels flying the flag of one of the
may be issued for shrimp fishing on the basis of scientific            countries listed in point 3 of Annex I. The maximum
advice to vessels flying the United States or Japanese flag            number of such licences for each country shall be as
and which are under contract to land all their catches in the          specified in point 3 of Annex I.
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
the catches comes to an end , and in any event not later than           3 . Shark fishing licences shall be granted subject to an
31 December 1986 .                                                     undertaking by the owner of the vessel concerned to land
                                                                       50 % of the catches in the French department of Guiana .
3 . The duration of the validity of temporary licences shall
be limited to three-month periods . To provide for a                                                Article 6
possible increase in the number of vessels flying the flag of
 a Member State in the zone referred to in Article 1 , some            1 . The       following information shall          accompany
temporary licences may not be renewed . In the event of                application for licences submitted to the Commission :
 such increase , the Member State concerned shall inform the
 Commission services at the latest one month before the                (a)   name of the vessel ;
 expiry of the validity of the temporary licences .                    ( b ) registration number ;
                                                                       (c)   external identification letters and numbers ;
 4. The number of licences referred to in paragraph 1 may              ( d ) port of registration ;
 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 quantitites 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                1 . To obtain a licence as referred to in Article 3 , proof
   and not exceeding the limits for the country concerned              must be produced , in respect of each of the vessels
   specified in point 2 of Annex I.                                     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---   No L 361 / 60                             Official Journal of the European Communities                                       31 . 12 . 85
  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
 referred to in Article 5 , proof must be produced , in respect       1 . The master of each vessel in possession of a licence
 of each of the vessels concerned , that a valid contract exists      referred to in Articles 4 and 5 ( 1 ), as concerns tuna fishing ,
 between the shipowner applying for the licence and a                 shall observe the special conditions set out in Annex III ,
 processing undertaking situated in the French department             and in particular forward the information specified in the
 of Guiana and that it includes an obligation to land at least        Annex . These conditions shall form an integral part of the
                                                                      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
 2 . The contract referred to in paragraph 1 must be                  the catch after each trip , submit to the French authorities a
 endorsed by the French authorities , which shall ensure that        declaration , for whose accuracy the master alone is
 it is consistent both with the actual capacity of the                responsible , stating the quantities of shrimp caught and
 contracting processing undertaking and with the objectives           kept on board since the last declaration . This declaration
for the development of the Guianese economy . A copy of               shall be made using the form of which a model appears in
                                                                     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
refusal and state their reasons for it to the party concerned         1 . The French authorities shall take all appropriate
and the Commission .                                                  measures to verify the accuracy of the declarations referred
                                                                      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
                            Article 9                                 verified .
Licences may be cancelled with a view to issuing new
licences . Such cancellation shall take effect on the date of         2 . The French authorities shall ensure that all landings of
issuance of the new licence by the Commission .                       shrimps in the French department of Guiana by vessels in
                                                                      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
                                                                      shall send to the Commission all the declarations referred
penaeus brasiliensis shall be forbidden in waters of a depth
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 .
2 . Tuna fishing shall be authorized only for vessels using                                       Article 14
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 Commissions's request .
 ---pagebreak--- 31 . 12 . 85                             Official Journal of the European Communities                                No L 361 / 61
                            Article 15                              has been withdrawn under this Article or which has fished
                                                                    without a licence in the zone referred to in Article 1 .
1 . The French authorities shall take appropriate measures
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
 No licence shall be issued to such vessels for a period of         The period of validity of licences valid on 31 December
 four to twelve months from the date on which the                   1985 pursuant to Article 1 of Regulation ( EEC ) No 8 / 85
 infringement was committed .                                       may be extended , at the request of the authorities of the
                                                                    country concerned , until 31 January 1986 . Licences thus
 2 . Where a vessel fishes without a valid licence in the zone      extended shall be counted against the number of
 referred to in Article 1 , and where that vessel belongs to a      corresponding licences laid down in Annex 1 for the
 shipowner or is managed by a natural or legal person who           duration of the extension , without that total being
 has or exercises the management of one or more other               exceeded .
 vessels to which licences have been issued , one of those
 licences may be withdrawn .                                                                  Article 19
  3 . The granting of a licence may be refused during the           This Regulation shall enter into force on 1 January 1986 .
  period referred to in paragraph 1 to one or more vessels
  belonging to a shipowner who owns a vessel whose licence          It shall apply until 31 December 1986 .
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States .
                  Done at Brussels , 20 December 1985 .
                                                                                          For the Council
                                                                                           The Président
                                                                                           R. STEICHEN
 ---pagebreak--- No L 361 / 62                              Official Journal of the European Communities                                      31 . 12 . 85
                                                                   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
               Japan
                                                 |                 55                    }
               2 . Licences referred to m 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
               Guyana                               token entry                token entry                     token entry
               Surinam                                  130                          16                           1 050
              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                                                 20
                                                  Barbados                                                   5
              ( c ) Shark                         Venezuela                                                  4
 ---pagebreak---                BILAG II — ANHANG II — ΠΑΡΑΡΤΗΜΑ II — ANNEX II — ANNEXE II — ALLEGATO II — BIJLAGE II
    FICHE DE PECHE                                       LOG SHEET
    Nom du navire                                        Nation
   Vessel name
    N0 d'immatriculation _                               N° de licence ZEE
   Official No                                           Fishing licence No
    Nom du capitaine -                                   Nbre équipage -
    Captain's name                                       No in crew
    Départ de —                                          Date
    Depart from
    Débarquement à —                                     Date
    Landed at
                                         Nombre de tois    Total          Queues       Crevettes Crevettes conservées à bord
                            Jour ou nuit   où les engins heures de                                Shrimp retained on board
IMois / Month Zone n0
                      Sonde
                            Day or night
                                           ont été mis à
                                                           pêche
                                                                        de crevette
                                                                        « Head-off »
                                                                                       entières
                                                                                     « Head-on »
                                                                                                                             Vivaneaux Requins Thonidés
j Jour/ Day           Depth              l'eau / Number                                            Penaeus :
                                                                                                                              Snapper   Shark   Tuna
                              (D or N)      times gear
                                                           hours           shrimp       shrimp      subtilis    Xyphopenaeus
                                              is shot      fished            (kg)         (kg)    i nisiliensis   Kroyerii
 ---pagebreak--- No L 361 / 64                                  Official Journal of the European Communities                                            31 . 12 . 85
                                                                     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 ( address : telex 24189 PISEU-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 offorce majure , 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--- 31 . 12 . 85                                 Official Journal of the European Communities                                  No L 361 / 65
                                                                ANNEX IV
                                                 Declaration pursuant to Artide 12 (2)
                                                   LANDING DECLARATION (')
     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 :
          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.