CELEX: 51994PC0479
Language: en
Date: 1994-11-10
Title: Proposal for a COUNCIL REGULATION (EC) laying down for 1995 certain measures for the conservation and management of fishery resources applicable in vessels flying the flag of certain non-member countries in the 200-nautical-mile zone off the coast of the French department of Guyana

COMMISSION OF THE EUROPEAN COMMUNITIES
                                                       C0M(94) 479 f i n a l
                                                       B r u s s e l s , 10.11.1994
                                       Proposal for a
                                  COUNCIL REGULATION (EC)
  laying down for 1995 certain measures for the conservation and management of fishery
 resources applicable in vessels flying the flag of certain non-member countries in the 200-
            nautical-mile zone off the coast of the French department of Guyana
                              (presented by the Commission)
 ---pagebreak---                          EXPLANATORY MEMORANDUM
1. The proposed regulation fixes the fishing arrangements for vessels of third countries
   in the fishing zone of the French Department of Guiana for the period 1 January 1995
   to 31 December 1995.
2. The proposal is based on principles already followed in the past, in particular in
   Council Regulation (EEC) n° 3681/931, which established these arrangement for the
   period from 1 January 1994 to 31 December 1994.
3. In 1994, licences for fishing snappers and sharks in Venezuela were issued.
4. Taking into account scientific advice on the state of stock evolution, it is proposed
   that, for 1995, the quotas and licences foreseen for 1994 remain unchanged.
 1  OJN° 341, 31.12.1993
                                                                                     - \ -
 ---pagebreak---                                                PROPOSAL FOR A
                                      COUNCIL REGULATION (EC) N°
                                                      of
            laying down for 1995 certain measures for the conservation and management of fishery
              resomoes applicabel in 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 UNION,                            Whereas the continuity of the system should be
                                                              assured, in particular by maintaining the restriction
Having regard to the Treaty establishing the                  on some fish stocks in the zone in order to
European Community,                                           conserve the stock and ensure adequate profitability
                                                              for thefishermenconcerned;
Having regard to Council Regulation (EEC) No
 3760/92 of 20 December 1992 establishing a                   Whereas the processing industry based in the
 Community system forfisheriesand aquaculture(1),             French department of Guiana depends on landings
 and in particular Article 8, paragraph 4,                    from vessels of non-member countries operating in
                                                              the fishing zone off mat department;
 Having regard to          the proposal   from the
 Commission,                                                  Whereas therefore, it is necessary to ensure that
                                                              those vessels which are under contract to land their
 Whereas, in accordance with Article 8 of                     catches in the French department of Guiana can
 Regulation (EEC) No 3760/92, the Council                     continue to fish;
determines for eachfisheryor group offisherieson
a case-by-case basis, the total allowable catch               Whereas shrimp fishing licences calculated on the
and/or the total allowable fishing effort in order to         basis of scientific advice have been issued to non-
ensure a rational and responsible exploitation on a           member countries whose vessels fish in the zone of
durable basis,                                                the said department, whereas therefore a number of
                                                              those licences are subject to changes on the basis of
Whereas, since 1977, the Community has operated               that scientific advice;
a system of conservation and management of
fishery resources applicable to vessels flying the            Whereas the fishing activities covered by this
flag of certain non-member countries in the 200-              Regulation are subject to the control measures
nautical-mile-zone off the coast of the French                provided for by Council Regulation (EEC) No
department of Guiana most recently laid down by               2847/93 of 12 October 1993 establishing a control
Council Regulation (EEC) No 3681/93®; whereas                 system applicable to the commonfisheriespolicy0*;
the latter Regulation expires on 31 December 1994,
(1)       OJ n* L 389, 31.12.1992, p. 1
(2)       OJ n° L 341, 31.12.1993, p. 53
(3)      OJ n° L 261, 20.10.1993, p. 1
                                                                                                                   —2
 ---pagebreak--- HAS ADOPTED THIS REGULATION:                           Annex I.
                                                       3. The period of validity of each of the licences
                      Article 1                        referred to in paragraph 1 shall be limited to the
                                                       fishing period provided for in the fishing plan on
Vessels flying the flag of one of the countries listed the basis of which the licence was issued.
in Annex I shall be authorized, during the period
1 January to 31 December 1995 to fish for the          4. All licences referred to in paragraph 1 issued to
species listed in the said Annex in the part of the    vessels of a non-member country shall cease to be
200-nautical-mile fishing zone off the coast of the    valid as soon as it is established that the quota laid
French department of Guiana that lies more than 12     down in point 1 of Annex I for that country has
nautical miles from the base lines, in conformity      been used up.
with the conditions laid down in this Regulation.
                                                                              Article 4
                      Article 2
                                                       1. Licences may be issued for the fishing of species
1. Fishing in the fishery zone referred to in          other than shrimps to vessels flying the flag of one
Article 1 shall be subject to the possession on board  of the countries listed in point 2 of Annex I. The
of a licence, issued by the Commission on behalf of    maximum number of such licences for each country
the Community, and to the observance of the            shall be as specified in point 2 of Annex I.
conditions set out in that licence and the control
measures and other provisions regulating fishing       2. Snapper fishing licences shall be granted subject
activities in that zone.                               to an undertaking by the owner of the vessel
                                                       concerned to land 75 % of the catches in the French
2. Applications for licences shall be submitted by     department of Guyana.
the authorities of the non-member countries
concerned to the Commission's services at least 15     3. Sharkfishinglicences shall be granted subject to
working days before the desired date of                an undertaking by the owner of the vessel
commencement of validity. Licences will be issued      concerned to land 50% of the catches in the French
to the authorities of the third countries concerned.   department of Guyana.
3. The registration letters and numbers of a vessel
in possession of a licence must be clearly marked                             Article 5
on both sides of the prow and on both sides of the
superstructure at the most visble point. The letters   1. The following information shall accompany
and numbers must be painted in a colour that           applications for licences submitted to the
contrasts with the colour of the hull or               Commission :
superstructure and must not be obliterated, altered,
covered or masked in any other way.                    a)        name of the vessel;
                                                       b)        registration number;
                      Article 3
                                                       c)        external identification letters and numbers;
1. Licences may be issued for shrimp fishing to
vessels which fly the flag of one of the countries     d)        port of registration;
listed in point 1 of Annex I. The catch quantities
authorized under such licences, the maximum            e)        name and address of the owner or
number of licences and the maximum number of                     charterer;
days at sea during which such licences are valid
shall be as specified for each country in point 1 of   f)        grosstonnageand overall length;
Annex I.
                                                       g)        engine power;
2. The licences referred to in paragraph 1 shall be
issued on the basis of a fishing plan submitted by     h)        call sign and radio frequency;
the authorities of the country concerned, approved
by the Commission and not exceeding the limits for     i)        intended method of fishing;
the country concerned specified in point 1 of
                                                                                                 - \
 ---pagebreak--- j)        species intended to be fished;              vessels using long lines or traps.
k)        period for which a licence is requested.    4. Shark fishing shall be authorized only for vessels
                                                      using long lines or mesh nets having a minimum
2. Each licence shall be valid for one vessel only.   mesh of 100 mm and shall be forbidden in waters
Where several vessels are taking part in the same     of a depth less than 30 metres.
fishing operation, each vessel must be in possession
of a licence.
                                                                            Article 9
                       Article 6                      A log-book, a model of which appears in Annex II,
                                                      shall be completed after each fishing operation. A
 1. To obtain a fishing licence for snapper or shark, copy of mis log-book shall be sent to the
as referred to in Article 4, proof must be produced,  Commission within 30 days of the last day of each
in respect of each of the vessels concerned, that a   fishing trip via the French authorities.
valid contract exists between the shipowner
applying for the licence and a processing
undertaking situated in the French department of                            Article 10
Guyana and that it includes an obligation to land at
least 75% of all snapper catches, or 50% of all       1. The master of each vessel in possession of a
shark catches from the vessel concerned in that       licence referred to in Articles 3 and 4 (1), as
department so mat they may be processed in that       concerns tuna fishing, shall observe the special
undertaking's plant.                                  conditions set out in Annex III, and in particular
                                                      forward the information specifies in the Annex.
2. The contract referred to in paragraph 1 must be    These conditions shall form an integral part of the
endorsed by the French authorities, which shall       licence.
ensure mat it is consistent both with the actual
 capacity of the contracting processing undertaking   2. The master of each vessel in possession of a
and with the objectives for the development of the    licence as referred to in Article 4 (2) and (3) shall,
Guyanese economy. A copy of the duly endorsed         on landing the catch after each trip, submit to the
contract shall be appended to the licence             French authorities a declaration, for whose
application.                                          accuracy the masster alone is responsible, stating
                                                      the quantities of shrimp caught and kept on board
3. Where the endorsement referred to in               since the last declaration. This declaration shall be
paragraph 2 is refused, the French authorities shall  made using the form of which a model appears in
give notification of mis reusal and state their       Annex IV.
reasons for it to the party concerned and the
Commission.
                                                                            Article 11
                       Article 7
                                                      1. The French authorities shall take all appropriate
Licences may be cancelled with a view to issuing      measures to verify the accuracy of the declarations
new licences. Such cancellation shall take effect on  referred to in Article 10 (2), by checking them in
the date of issuance of the new licence by the        particular against the log-book referred to in
Commission.                                           Article 9. The declaration shall be signed by the
                                                      competent official after it has been verified.
                      Article 8
                                                      2.The French authorities shall ensure, that all
1. Fishing for shrimps of the species Penaeus         landings of shrimps in the French department of
subtilis and Penaeus brasiliensis shall be forbidden  Guyana by vessels in possession of a licence as
in waters of a depth less than 30 metres. During      referred to in Article 4 (2) and (3) shall be the
these fishing activities carried out by vessels using subject of a declaration as referred to in
trawls, by-catches shall be permitted.                Article 10 (2).
2. Tuna fishing shall be authorized only for vessels  3. Before the end of each month, the French
using long lines.                                     authorities shall send to the Commission all the
                                                      declarations referred to in paragraph 2 relating to
3. Snapper fishing shall be authorized only for       the preceding month.
                                                                                                    U-
 ---pagebreak---                      Article 12
                                                             3. The granting of a licence may be refused during
1. The granting of licences to vessels from third            the period referred to in paragraph 1 to one or
countries shall be subject to the undertaking by the         more vessels belonging to a shipowner who owns
owner of the vessel concerned to permit an                   a vessel whose licence has been withdrawn under
observer to come on board at the Commission's                this Article or which has fished without a licence in
request.                                                     the zone referred to in Article 1.
                     Article 13                                                    Article 15
1. The French authorities shall take appropriate             If, for a period of one month, the Commission
measures to ensure that the obligations set out in           receives no communication as referred to in
this Regulation are complied with, including the             Article 10 paragraph 1 concerning a vessel in
regular inspection of vessels.                               possession of a licence referred to in Articles 3 and
                                                             4, the licence of such vessel shall be withdrawn.
2. Where an infringement is formally ascertained,
the French authorities shall, without delay, and in
any event not later than 30 days from the date on
which the infringement was ascertained, inform the                                 Article 16
Commission of the name of the vessel concerned
and of any action they may have taken.                       The period of validity of licences valid on
                                                             31 December 1994 pursuant to Article 1 of
                                                             Regulation (EEC) No 3681/93 may be extended, at
                     Article 14                              the request of the authorities of the country
                                                             concerned, until 31 January 1995. Licences thus
1. Licences for vessels which have note complied             extended shall be counted against the number of
with the obligations provided for in this Regulation,        corresponding licences laid down in Annex I for the
including the obligation to land all or part of the          duration of the extension, without that total being
catches laid down in a contract as referred to in            exceeded.
Article 6 shall be withdrawn.
No licence shall be issued to such vessels for a
period of four to 12 months from the date on which                                 Article 17
the infringement was committed.
2. Where a vessel fishes without a valid licence in          This Regulation shall enter into force on 1 January
the zone referred to in Article 1, and where that            1995.
vessel belongs to a shipowner or is managed by a
natural or legal person who has or exercises the
management of one or more other vessels to which
licences have been issued, one of those licences
may be withdrawn.                                            It shall apply until 31 December 1995.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels,
                                                                         For the Council
                                                                         The President
                                                                                                     -5-
 ---pagebreak---                                                   ANNEXE I
1.       Licences referred to in Article 3
   Vessels flying the flag     Quantity of authorized      Maximum number of       Maximum number of
             of                  catches in tonnes         vessels with a licence      days at sea
 Barbados                                24                          5                     200
 Guiana                                  24                          5                     200
 Surinam                                p.m.                       p.m.                   p.m.
 Trinidad and Tobago                     60                          8                     350
2.      Licences referred to in Article 4
          Species                 Vessels flying the flag of             Maximum number of licences
 (a)      Tuna               Japan                                                p.m.
                             Korea                                                p.m.
 (b)      Snappers           Venezuela                                             41
                             Barbados                                              5
 c)       Shark              Venezuela                                             4
                                                                                                    6-
 ---pagebreak---                                                                                AS S EXE: Il
   N o m du capitaine
   Captain's name
   De pan de
   Depart from
   Débarquement à
   Landed at
                                       Nomlwr dr l u     Total     Queues             Crevettes Crevettes contervees a bord
                                         ov »fs engins heures dr de crevette           entières Shrimps retained on board
Mon'Month                 jour ou nun                                                                                       Vivaneaux Requins   Thon ides
                    Sonde                                peche   .Head o i l -       • Head-on-
 lour'Dav                 Da» or night  Ifaw'NMinbri                                              Penaeus                    Snapper   Shark      Tuna
                    Depth                                Hours     shrimp              shrimp                 Xtrphopenaeus
                            iDorS                                                                  subtilis
                                                         «ished     (kg,                                         krovern
                                                                                                 brasiliensis
                             D
                                 N
                                  N
                             D
                                 TT
                                  N
                             D
                                 IE
                                 IE
                                 "FT
                                   N
                                   N
                                    N
                                                                                                                                              -3--
 ---pagebreak---                                                 ANNEX 111
                                            Special conditions
 1.  Vessels in possession of a licence referred to in Articles 3 and 4 (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 refer red 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 possesssion of a licence, the message may be transmitted by another vessel on behalf of the former.
                                                                                                                K
 ---pagebreak---                                                   ANNEX IV
                                    Declaration pursuant to Article 10 (2)
                                                                    <i)
                                    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 shrimps:                                                             kg
                                              or (      x 1,6) =                   kg (head-on shrimps)
    'Head-on' shrimps:                                                             kg
    Thunnidae:                                kg         Snapper (Lutjanidae):                        kg
    Shark:                                    kg         Other:                                        kg
(i)
           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.
                                                                                                              -   ^
 ---pagebreak---                                                                       ISSN 0254-1475
                                                               COM(94) 479 final
                                                       DOCUMENTS
EN                                                                               03
                                 Catalogue number : CB-CO-94-505-EN-C
                                                              ISBN 92-77-81692-9
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