CELEX: 51992PC0516
Language: en
Date: 1992-12-02
Title: Proposal for a COUNCIL REGULATION (EEC) laying down, for 1993, 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

COMMISSION OF THE EUROPEAN COMMUNITIES
                                        COM(92) 516 final
                                         Brussels, 2 December 1992
                           Proposal for a
                     COUNCIL REGULATION (EEC)
 laying down, for 1993, 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
                   (presented by the Commission)
 ---pagebreak---                                   &
                     EXPLANATORY   MEMORANDUM
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  1993 to 31
December 1993.
The proposal   is based on principles     already followed   in the
past, in particular    in Council Regulation      (EEC) N° 3892/91
(1), which established    these arrangement    for the period from
1 January 1992 to 31 December 1992.
In 1992, quotas for shrimps for neighbouring ACP countries as
well as licences for fishing snappers and sharks in Venezuela
were issued.
Taking into account scientific      advice on the state of stock
evolution,   it is proposed     that,   for   1993,  those  amounts
appearing  in Annex I remain unchanged.
(1) OJ N ° L 367, 31.12 1991
 ---pagebreak---                                                    PROPOSAL FOR A
                                          COUNCIL REGULATION (EEC) N o
                                                        of
                     laying down for 199 3 certain measures for the conservation and management of fishery
                     resources applicable to vessels flying the flag of certain non-member countries in the
                              200-nauticaI-milc zone off the coast of the French department of Guiana
TEH COUNCIL OF THE EUROPEAN COMMUNITIES,                              Whereas shrimp fishing licences calculated on the basis of
                                                                      scientific advice have been issued to non-member countries
                                                                      whose vessels fish in the zone of the said department;
                                                                      whereas therefore a number of those licences are subject to
Having regard to the Treaty establishing the European                 changes on the basis of that scientific advice;
Economic Community,
                                                                      Whereas the technical and control measures applicable
Having regard to Council Regulation (EEC) N o 1 7 0 / 8 3 of          under Regulation (EEC) N o 3 9 3 5 / 9 0 should be
25 January 1983 establishing a Community system for the               maintained and, should this prove necessary, sup-
conservation and management of fishery resources ('), and             plemented,
in particular Article 11 thereof.
Having regard to the proposal from the Commission,                    HAS ADOPTED THIS REGULATION:
Whereas under the terms of Article 2 of Regulation (EEC)
No 1 7 0 / 8 3 it is incumbent upon the Council to formulate,                                    Article I
in the light of the available scientific advice the
conservation measures necessary to achieve the aims set out
in Article 1 of that Regulation;                                      Vessels flying the flag of one of the countries listed in
                                                                      Annex I shall be authorized, during the period 1 January to
                                                                      31 December 199 3 to fish for the species listed in the said
Whereas, since 1977, the Community has operated a                     Annex in the part of the 200-nautical-mile fishing zone off
                                                                      the coast of the French department of Guiana that lies more
system of conservation and management of fishery
                                                                      than 12 nautical miles from the base lines, in conformity
 resources applicable to vessels flying the flag of certain
                                                                       with the conditions laid down in this Regulation.
 non-member countries in the 200-nautical-rnile-zonc off the
 coast of the French department of Guiana most recently
 laid down by Council Regulation (EEC) N o 3 8 9 2 / 9 1 (2) ;
 whereas the latter Regulation expires on 31 December                                             Article 2
 199 2
                                                                       1. Fishing in the fishery zone referred to in Article 1 shall
 Whereas the continuity of the system should be assured, in            be subject to the possession on board of a licence, issued by
 particular by maintaining the restriction on some fish                the Commission on behalf of the Community, and to the
 stocks in the zone in order to conserve the stock and ensure          observance of the conditions set out in that licence and the
 adequate profitability for the fishermen concerned;                   control measures and other provisions regulating fishing
                                                                       activities in that zone.
 Whereas the processing industry based in the French
 department of Guinea depends on landings from vessels of              2. Applications for licences shall be submitted by the
  non-member countries operating in the fishing zone off that          authorities of the non-member countries concerned to the
  department;                                                          Commission's services at least 15 working days before the
                                                                       desired date of commencement of validity. Licences will be
                                                                        issued to the authorities of the third countries concerned.
  Whereas therefore, it is necessary to ensure that those
  vessels which arc under contract to land their catches in the
                                                                        3. The registration letters and numbers of a vessel in
  French department of Guinea can continue to fish;
                                                                        possession of a licence must be clearly marked on both
                                                                        sides of the prow and on both sides of the superstructure at
                                                                        the most visible point. The letters and numbers must be
                                                                        painted in a colour that contrasts with the colour of the
 (') OJ No L 24^27. 1. 1983. o. 1.                                      hull or superstructure and must not be obliterated, altered,
 (2) OJ No L36r\ 31. 12. 199 I, p. 7 9                                  covered or masked in any other way.
 ---pagebreak---                            Article 3                            (c) external identification letter? and numbers;
                                                                (d) port of registration;
 î. Licences my be issued for shrimp fishing to vessels
which fly the flag of on? of the countries listed in point 1 of (e) name and address of the owner or charterer;
Annex I. The catch quantities ^-»Kori'»J nder such
                                                                (f) gross tonnage and overall length;
licences, the maximum number ol licences and the
maximum number of days at sea during which such                 (g) engine power;
licences arc valid shall be as specified for each country in
point Î of Annex I.                                             (h) call sign and radio frequency;
                                                                (i) intended method of fishing;
2. The licences referred to in paragraph 1 shall be issued      (j) species intended to be fished;
on the basis of a fishing plan submitted by the authorities
of the country concerned, approved by the Commission            (k) period for which a licence is requested.
and not exceeding the limits for the country concerned
specified in point 1 of Annex 1.
                                                                2. Each licence shall be valid for one vessel only. Where
                                                                several vessels are taking part in the same fishing operation,
                                                                each vessel must be in possession of a licence.
3. The period of validity of each of the licences referred to
in paragraph 1 shall be limited to the fishing period
provided for in the fishing plan on the basis of which the
licence was issued.                                                                         Article 6
                                                                 1. To obtain a fishing licence for snapper or shark, as
4. All licences referred to in paragraph 1 issued to vessels     referred to in Article 4, proof must be produced, in respect
of a non-member country shall cease to be valid as soon as      of each of the vessels concerned, that a valid contract exists
it is established that the quota laid down in point 1 of         between the shipowner applying for the licence and a
Annex ! for that country has been used up.                       processing undertaking situated in the French department
                                                                 of Guiana and that it includes an obligation to land at least
                                                                 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.
                            Article 4
                                                                 2. The contract referred to in paragraph 1 must be
 !. Licences may be issued for the fishing of species other      endorsed by the French authorities, which shall ensure that
 than shrimps to vessels flying the flag of one of the           it is consistent both with the actual capacity of the
 countries listed in point 2 of Annex I. The maximum             contracting processing undertaking and with the objectives
 number of such licences for each country shall be as            for the development of the Guianese economy. A copy of
 specified in point 2 of Annex I.                                the duly endorsed contract shall be appended to the licence
                                                                 application.
 2. Snapper fishing licences shall be granted subject to an
                                                                 3. Where the endorsement referred to in paragraph 2 is
 undertaking by the owner of the vessel concerned to land
                                                                 refused, the French authorities shall give notification of this
 75 % of the catches in the French department of Guiana.
                                                                 refusal and state their reasons for it to the party concerned
                                                                 and the Commission.
 3. Shark fishing licences shall be granted subject to an
 undertaking by the owner of the vessel concerned to land
 50 % of the catches in the French department of Guiana.                                     Article 7
                                                                  Licences may be cancelled with a view to issuing new
                                                                  licences. Such cancellation shall take effect on the date of
                                                                  issuance of the new licence by the Commission.
                            Article S
  1. The following         information     shall    accompany                                Article 8                           <||
  applications for licences submitted to the Commission:
                                                                   1. Fishing for shrimps of the species Penaeus subtilis and
  (a) name of the vessel;                                         Penaeus brasiliensis shall be forbidden in waters of a depth
                                                                  less than 30 metres. During these fishing activities carried
  (b) registration number;                                        out by vessels using trawls, by-catches shall be permitted.
 ---pagebreak--- 2. Tuna fishing shall.be authorized only for vessels using       3. Before the end of each month, the French authorities
long lines.                                                      shall send to the Commission all the declarations referred
                                                                 to in paragraph 2 relating to the preceding month.
3. Snapper fishing shall be authorized only for vessels
using long lines or traps.
                                                                                           Article 12
4. Shark fishing shall be authorized only for vessels using
long lines or mesh nets having a minimum mesh of 100 mm
                                                                 The granting of licences to vessels from third countries
and shall be forbidden in waters of a depth less than
                                                                 shall be subject to the undertaking by the owner of the
30 metres.
                                                                 vessel concerned to permit an observer to come on board at
                                                                 the Commission's request.
                           Article 9
                                                                                           Article 13
A log-book, a model of which appears in Annex II, shall be
completed after each fishing operation. A copy of this
log-book shall be sent to the Commission within 30 days of        1. The French authorities shall take appropriate measures
the last day of each fishing trip via the French                 to ensure that the obligations set out in this Regulation are
authorities.                                                     complied with, including the regular inspection of vessels.
                           Article 10                            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
1. The master of each vessel in possession of a licence          infringement was ascertained, inform the Commission of
referred to in Articles 3 and 4 (1), as concerns tuna fishing,   the name of the vessel concerned and of any action they
shall observe the special conditions set out in Annex III,       may have taken.
and in particular forward the information specifies in the
Annex. These conditions shall form an integral part of the
licence.
                                                                                            Article 14
2. The master of each vessel in possession of a licence as
referred to in Article 4 (2) and (3) shall, on landing the
catch after each trip, submit to the French authorities a         1. Licences for vessels which have not complied with the
declaration, for whose accuracy the master alone is              obligations provided for in this Regulation, including the
responsible, stating the quanties of shrimp caught and           obligation to land all or part of the catches laid down in a
kept on board since the last declaration. This declaration       contract as referred to in Article 6 shall be withdrawn.
shall be made using the form of which a model appears in
 Annex IV.
                                                                  No licence shall be issued to such vessels for a period of
                                                                  four to 12 months from the date on which the infringement
                                                                  was committed.
                           Article 11
 1. The French authorities shall take all appropriate             2. Where a vessel fishes without a valid licence in the zone
 measures to verify the accuracy of the declarations referred     referred to in Article 1, and where that vessel belongs to a
 to in Article 10 (2), by checking them in particular against     shipowner or is managed by a natural or legal person who
 the log-book referred to in Article 9. The declaration shall     has or exercises the management of one or more othtr
 be signed by the competent official after it has been            vessels to which licences have been issued, one of those
 verified.                                                        licences may be withdrawn.
 2. The French authorities shall ensure that all landings of      3. The granting of a licence may be refused during the
 shrimps in the French department of Guiana by vessels in         period referred to in paragraph 1 to one or more vessels
 possession of a licence as referred to in Article 4 (2) and (3)  belonging to a shipowner who owns a vessel whose licence
 shall be the subject of a declaration as referred to in Article  has been withdrawn under this Article or which has fished
 10(2).                                                           without a licence in the zone referred to in Article 1.
 ---pagebreak---                               Article IS                             corresponding licences laid down in Annex I for the
                                                                     duration of the extension, without that total being
If, for a period of one month, the Commission receives no            exceeded.
communication as referred to in Article 1 2 ( 1 ) concerning a
vessel in possession of a licence referred to in Articles 3 and
4, the licence of such vessel shall be withdrawn.
                                                                                               Article 17
                              Article 16
The period of validity of licences valid on 31 December              This Regulation shall enter into force on 1 January 1993.
199 2 pursuant to Article 1 of Regulation (EEC) N o
3 8 9 2 / 9 1 m a y be extended, at the request of the authorities
of the country concerned, until 31 January 1 9 9 3 Licences
thus extended shall be counted against the number of                 It shall apply until 31 December 1993.
                      This Regulation shall be binding in its entirety and directly applicable in all Member
                      States.
                      Done at Brussels,
                                                                                           For the Council
                                                                                            The President
 ---pagebreak---                                                    ANNEX 1
 1. Licence* referred to in Ankle 3
                                                             1
             Vessels flying          Quantify of authorized
                                                               —          — —         Maximum number of
              the flag of              catches in tonne*       Maximum number of          days at sea
                                                               vessels with a licence
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
                ,                        Vcsscli      flying    Maximum number
                  *^^                      theflagof                 of licences
(a) Tuna                             Japan                             p.m.
                                      Korea                            p.m.
(b; Snappers                          Venezuela                          41
                                      Barbados                             5
(c) Shark                             Venezuela                            4
 ---pagebreak--- /ANNEX // ---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 Comniui. «ries in Brussels (telex 24189 FISEU-B) via the French authorities at the
   following times:
   (a) on each entry into zones extending up to 200 nautical miles off the coast of the French department of Guiana,
       hereinafter called *the zone*;
   (b) whenever leaving the zone;
   (c) whenever entering a port of a Member State;
   (d) whenever leaving a port of a Member State;
   (e) every week in respect of the previous week from the date of entry into the zone referred to in (a) or from the
       date of leaving the port referred to in (d).
2. Communications transmitted in accordance with the conditions of the licence at the times specified in 1 above
   should include the following particulars, where appropriate and should be transmitted in the following order:
   — name of vessel,
   — radio call sign,
   — licence number,
   — chronological number of the transmission for the trip in question,
   — indication of which of the types of transmission, as set out in paragraph 1, is involved,
   — date,
   — time,             '
   — geographical position,
   — quantity of each species caught during the fishing operation (in kilograms),
   — quantity of each species caught since the previous transmission of information (in kilograms),
   — the geographical coordinates of the position where the catches were made,
   — quantities of catches, by species, transferred to other vessels (in kilograms) since the previous information,
    — the name, call sign and, where applicable, licence number of the vessel to which the catch was transferred,
    — the master's name.
3. The following code must be used in reporting species caught in accordance with paragraph 2:
    PEN: Brown shrimp (Penaeidae);
    BOB: Atlantic sea bob shrimp (Xyphopenaeus kroyerii);
    TUN: Tunny;
    SKH: Shark;
    XXX: Other.
4. In cases where, for reasons of force majeure, the communication cannot be transmitted by the vessel in possession
    of a licence, the message may be transmitted by another vessel on behalf of the former.
 ---pagebreak---                                         yfc
                                      ANNEX IV
                         Dcdaraboo pursuant to Article 10 (2)
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
 ---pagebreak---                                                                      ISSN 0254-1475
                                                              COM(92)516final
                                                      DOCUMENTS
EN                                                                              03
                                 Catalogue number : CB-CO-92-538-EN-C
                                                             ISBN 92-77-50196-0
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