CELEX: 51988PC0680
Language: en
Date: 1988-11-29
Title: Proposal for a COUNCIL REGULATION (EEC) laying down for 1989 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)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (88) 680
Vol. 1988/0223
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983 concernant
l'ouverture au public des archives historiques de la Communauté économique européenne et de
la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983, p. 1) modifié en dernier
lieu par le règlement (UE) 2015/496 du Conseil du 17 mars 2015 (JO L79 du 25. 3.2015, p. 1), ce
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In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983 concerning
the opening to the public of the historical archives of the European Economic Community and the
European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as last amended by Council
Regulation (EU) 2015/496 of 17 March 2015 (OJ L 79, 27.3.2015, p. 1), this file is open to the
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In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1. Februar
1983 über die Freigabe der historischen Archive der Europäischen Wirtschaftsgemeinschaft und
der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983, S. 1), zuletzt geändert durch die
Verordnung (EU) Nr. 2015/496 vom 17. März 2015 (ABI. L 79 vom 25.3.2015, S. 1), ist dieser Akt
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2015/444    vom   13.   März   2015   über die   Sicherheitsvorschriften für den Schutz von  EU-
Verschlusssachen als herabgestuft angesehen.
 ---pagebreak---     COMMISSION OF THE EUROPEAN COMMUNITIES
                                                COM(88 ) 680 final
                                                 Brussels , 29 November 1988
  )
                                 Proposal for a
                            COUNCIL REGULATION ( EEC )
      laying down for 1989 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
i
                        ( presented by the Commission )
                 &           5* CÖ
                                        la
 ---pagebreak---     «I»
                                                                                n&SSbBs.
                                                                 &WV &
                                  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 1989 to 31 December 1989 .
The proposal is based on principles already followed in the past , in particular
in Council Regulation ( EEC ) N' 3982/87 ( 1 ), which established these arrangements
for the period from 1 January 1988 to 31 December 1988 .
In 1988 ,   32 licences were allocated to vessels registered in the U.S.A. of
which   11  were   renewable  licences valid   for  three months  at a  time . It  is
proposed that this allocation remain unaltered for 1989 .
(1 ) OJ N * L 375 , 31.12.1987 , p. 53 .
 ---pagebreak---                                                     PROPOSAL FOR
                                            COUNCIL REGULATION ( EEC ) No
                                                         of
                    laying down for 1989 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
 Tl It COUNCIL OK THE EUROPEAN COMMUNITIES .                            whose vessels fish in the zone of the said department and
                                                                        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
 Economic Community ,                                                   Whereas the technical and control measures applicable
                                                                        under     Regulation    ( EEC )    No 3982/87      should    be
 Having regard to Council Regulation ( EEC ) No 170 / 83 of
                                                                        maintained       and ,    should     this  prove     necessary ,
                                                                        supplemented ,
 25 January 1983 establishing a Community system for the
conservation and management of fishery resources ( ' ). and
      particular Article 1 1 thereof.
                                                                         HAS ADOPTED THIS REGULATION :
 Having regard to the proposal from the Commission ,
 Whereas under the terms of Article 2 of Regulation ( EEC )                                         A rticlc 1
 No 170 / 83 it is incumbent upon the Council to formulate ,
 in the light of the available scientific advice the                     Vessels flying the flag of one of the countries listed in
conservation measures necessary to achieve the aims set out              Annex 1 shall be authorized , during the period from
 in Article 1 of that Regulation ;                                       1 January to 31 December 1989 to fish for the species listed
                                                                        in the said Annex in the part of the 200-nautical-mile
                                                                         fishing zone off the coast of the French department of
 Whereas , since 1977 , the Community has operated a                    Guiana that lies more than 12 nautical miles from the base
system of conservation and management of fishery                        lines , in conformity with the condi'ions laid down in this
resources applicable to vessels flying the flag of certain              Regulation .
non-member countries in the 200-nautical - milc zone off the
coast of the French department of Guiana most recently
laid down by Council Regulation ( EEC) No 3982/37 1 4 );
                                                                                                    Article 2
whereas the latter Regulation expires on 31 December
 1988;
                                                                         1 . Fishing in the fishery /.one referred IO in Article 1 shall
                                                                        be subject to the possession on board of a licence, issued by
     hereas the continuity of the system should be assured , in         the Commission on behalf of the Community , and to the
particular by maintaining the restriction on some fish                  observance of the conditions set out in that licence and the
stocks in the zone in order to conserve the stock and ensure            control measures and other provisions regulating fishing
adequate profitability for the fishermen concerned ;                    activities in that zone .
Whereas the processing industry based in the French                     2 . Applications for licences shall be submitted by the
department of Guiana depends on landings from vessels of                authorities of the non-member countries concerned to the
non-member countries operating in the fishing zone off that             Commission's services at least 15 working days before the
department ;                                                            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 are under contract to land their catches in the           3 . Where no application for the grant of a licence, as
French department of Guiana can continue to fish ;                      referred to in point 1 of Annex I , has been submitted
                                                                        within 15 working days of the date of entry into force of
                                                                        this Regulation , the Commission, at the request of the
Whereas shrimp fishing licences calculated on the basis of              French authorities, may issue licences, via the French
scientific advice have been issued to non-member countries              authorities , to the shipowners of the relevant non-member
                                                                        countries .
( ' ) OJ No L 24 , 27 . 1 . 1983 , p. 1 .                               4 . The registration letters and numbers of a vessel in
(■) OJ Nu I. 375, 31.12.1987 , p. 53                                    possession of a licence must be clearly marked on both
 ---pagebreak---  sides of the prow and on both sides of the superstructure at    4 . All licences referred to in paragraph 1 issued to vessels
 the most visible point. The letters and numbers must be         of a non-member country shall cease to be valid as soon at
 painted in a colour that contrasts with the colour of the       it is established that the quota laid down in point 2 of
 hull or superstructure and must not be obliterated , altered ,  Annex I for that country has been used up .
 covered or masked in any other way.
                                                                                             Article 5
                            Article 3                             1 . Licences may be issued for the fishing of species other
                                                                 than shrimps to vessels flying the flag of one of the
1 . The maximum number of licences , as well as the              countries listed in point 3 of Annex I. The maximum
maximum number of temporary renewable licences that              number of such licences for each country shall be as
may be issued for shrimp fishing on the basis of scientific      specified in point 3 of Annex I.
advice to vessels flying the United States flag and which are
under contracr to land all their catches in the French
department of Cuiaoa is specified in point I 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 »> in paragraph I shall cease to be
valid when the contract stipulating the obligation to laud       3 . Shark fishing licences shall be granted subject to an
the catches comes to an end , and in any event not later than    undertaking by the owner of the vessel concerned to land
31 December 198 9.                                               50 % of the catches in the French department of Guiana.
3 . The duration of the validity of temporal y licences shall                                Article 6
be limited to three-month periods . To provide for a
possible increase in the number of vessels flying the flag of     1 . The following information shall accompany
a Member State in the zone referred . to in Article 1 , some
                                                                 applications for licences submitted to the Commission:
temporary licences may not be renewed . In the event of
such increase , the Member State concerned shall inform the      ( a ) naine of the vessel ;
Commission services at the latest one month before the
expiry of the validity of the temporary licences.                ( b ) registration number ;
                                                                 (c) external identification letters and numbers;
                                                                 (d ) port of registration ;
4. The number of licences referred to in paragraph 1 may
be revised if the scientific advice states that there has been a (c) 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 1 . The catch quantities 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 arc 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 ! .hall 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 lic-:ves 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 b.v.is of which the      that they may be processed , packed and stored in that
 licence was issued .                                             undertaking's plant.
 ---pagebreak---   2 . The contract referred to m 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 s 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
 shall be appended to the licence application.                                                Article 11
                                                                   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 rach fishing trip via the French
and the Commission .                                               authorities .
                            Article S                                                          Article 12
 1 . To obtain a fishing licence for snapper or shark , as          I . The master of each vessel in possession of a licence
referred to in Article 5 . proof must be produced , in respect     referred to in Articles 4 and 5 (1 ), as concerns tuna fishing,
of each of the vessels concerned , that a valid contract exists    shall observe the special conditions set out in Annex 111 ,
between the shipowner applying for the licence and a               and in particular forward the information specified in the
processing undertaking situated in the French department           Annex. These conditions shall form an integral part of the
of Guiana and that it includes an obligation to land at least      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
                                                                   the catch after each trip , submit to the French authorities a
2 . The contract referred to in paragraph 1 must be               declaration , for whose accuracy the master alone is
endorsed by the French authorities , which shall ensure that       responsible , stating the quantities of shrimp caught and
it is consistent both with the actual capacity of the              kept on board since the last declaration . This declaration
contracting processing undertaking and with the obiectives        shall be made using the form of which a model appears in
for the development of the Guianese economy . A copy of           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   1 . The French authorities shall take all appropriate
refusal and state their reasons for it to the party concerned      measures to verify the accuracy of the declarations referred
and the Commission .                                               to in Article 12 ( 2 ), by checking them in particular against
                                                                   the log-book referred to in Article 1 1 . The declaration shall
                                                                   be signed by the competent official after it has been
                                                                   verified .
                            Artuh■ V
Licences may be cancelled with a view to issuing new               2. The French authorities shall ensure that all landings of
licences . Such cancellation shall take effect on the date of
                                                                   shrimps in the French department of Guiana by vessels in
issuance of the new licence by the Commission .                   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 ).
                           ArtiiL■ II)
1 . Fishing for shrimps of the -.pecics Pcnacus subtiUt 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 ol 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-catchcs shall be permitted .
                                                                                              Article 1-f
2 . Tuna fishing shjll be authorized only for vessels using
long lines .
                                                                  The granting of licences to vessels from third countries
                                                                  shall be subject to (he 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 Commission’s request .
 ---pagebreak---                            A rticie 1 S                           belonging to a shipowner who owns a vessel whose licence
                                                                  has been withdrawn under this Article or which has fish:u
  1 . The French authorities shall take appropriate measures      without a licence in the zone referred to in Article 1 .
  to ensure that the obligations set out in this Regulation aie
 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
'                          Artide 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 .                                                                                 Artide 1S
                                                                 The period of validity of licences valid on 31 December
No licence shall be issued to such vessels for a period of
four to twelve months from the date on which the                  198 8 pursuant to Article 1 of Regulation (EEC) No
                                                                 3982/87 may be extended , at the request of the authorities
infringement was committed .                                     of the country concerned , until 31 January 1989 . Licences
                                                                 thus extended shall be counted against the number of
2.    Where a vessel fishes without a valid licence in the zone  corresponding licences laid down in Annex 1 for the
referred to in Article 1 , and where that vessel belongs to a    duration of the extension , without that total being
shipowner or is managed by a natural or legal person who         exceeded .
has or exercises the management of one or more other
vessels to which licences have been issued , one of ihosc
                                                                                            Article 19
licences may be withdrawn .
                                                                 This Regulation shall enter into force on 1 January 1989-
3 . The granting of a licence may be refused during the
period referred to in paragraph 1 to one or more vessels         It shall apply until 31 December 1989.
                  This Regulation shall be binding in its entirety anil directly applicable in all Member
                  States .
                  Done at Brussels ,
                                                                                       For the Council
                                                                                         The President
 ---pagebreak---                                                      Λ,ΜΝΕ.Χ I
 1 . Licences referred to in Article 3
              Voxels flying                      Maximum number                        Of which maximum number
                the flag of                          of licences                          ol renewable licences
 USA                                                      32                                     11
2 . Licences referreü lu m Article *1
              Vessels flying           Quantity of authorixed      Maximum number of             Maximum number of
               the flag of               catches in tonnes         vessels with a licence              days at >ea
Barbados                                         2-1                          5                           200
Guiana                                           24                           5                           200
Surinam                                         p.n .                       p.m .                         p.n .
Trinidad and Tobago                              60                           8                           350
3 . Licences referred to in Article 5
                                                    Vessels flying                         Maximum number
                  ¿» pesici
                                                     the flag of                                ol licences
( a ) Tuna                             Japan                                                  token entry
                                        Korea                                                 token enrry
( b) Snappers                           Venezuela                                                    25
                                        Barbados                                                      5
( c) Shark                              Venezuela                                                      3
 ---pagebreak---                ΒΟΛΟ η – ΛΝΗΑΝ6 II – ΠΑΡΑΡΤΗΜΑ Π – Λ ΝΝΓ.Χ II – Α ΝΝΤ.ΧΙί Η – ΛΙ.ΙΕΟΑΤΟ Η – Βι)Ι^ύΕ II
                                                                                                                                      _3Q*        ,    .      .
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                     Depth               Ι>Μ· K«mbri                                                                                 Sn.ippur   Slude      Tutu
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 ---pagebreak---                                                               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 ( telex 24189 FISEU-B ) via the French authorities at the           I
      following times:
      ( a ) on each entry into zones extending up to 200 nautical miles off the coast of the French department of Cuiana ,
            hereinafter called 'the zone';
      (b)   whenever leaving the zone;
      ( c)  whenever entering a port of a Member Stale ;
      (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,
1     – 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 I , is involved .
      – date ,
      –-    « me ,
      – gcographtcal position ,
      –     quantity of each species caughi 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 mastcr's name .
  3 . The following code must be used in reporting species ought in accordance with paragraph 2 :
      PEN : Brown shrimp ( Pcnaeidae );
      BOB : Atlantic sea bob shrimp ( Xyph,)f)et:.;rus kroyrru);
      TUN : Tunny ;
      SKH : Shark ;
      XXX : Other .
  4 . In cases where , for reasons of force m.i/ eut ,-, 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 .
                                                                                                                                C
                                                                                                                                 i
 ---pagebreak---                                                              ANNEX II'
                                             Déclaration pursuant to Article 12 (2 )
                                               LANDING DECLARATION ( ' )
Name of vcsscl *                                                                       Registration No :
Name of master :                                                                       Name of agent :
Master’s signature :
Voyage made from tin-                                                    10 tlie
Port of landing :
                                              Quantity of shrimps landed (in live weight)
     'Hcad-ofr shrimp:
                                                  or (     X   1 ,6) -
                                                                                                  kg ( head-on shrimp )
     'Head -on* shrimp :                                                                          kß
     Thunnidae :                                       kß              Snapper ( Lutjnnidac) :                          kg
     Shark                                             kg              Other                                            kg
(' ) One copy is kept by the master , one O'j'v is kept by the control officer, anti one copy is to be sent to the Commission of the
     European Communities.
 ---pagebreak--- Fiche d' impact sur La compétitivité et L' emploi
L' objet de cette mesure est d' établir Le régime de conservation et de
gestion des ressources de pêche applicable aux navires des pays tiers
dans Les' eaux au large du Département français de la Guyane .
L' obligatior. de débarquements sur place d' une partie des captures implique
le maintien des activités locales et donc de l' emploi .
 ---pagebreak---     i . HJDC'.T Lis : COUCUL-OT i No financial implication for the budget 1989 of the Community .
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β.2                  Í ¿.< A cji . _oE;.7A.ìr sujcv : i                                                             ro/ i.A
e.5     COlOI r. 70 bi . iU7:ii 11.70 IVT.Ri iuDiiTO J                                                              rc/ KO
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