CELEX: 51997PC0700
Language: en
Date: 1997-12-12
Title: Proposal for a Council Regulation (EC) laying down for 1998 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
                                                    Brussels, 12.12.1997
                                                    COM(97) 700 final
                                   Proposal for a
                        COUNCIL REGULATION (EC)
 laying down for 1998 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---  ---pagebreak---                              EXPLANATORY MEMORANDUM
1.      The proposed regulation fixes thefishingarrangements for vessels of third countries in the
        fishing zone of the French Department of Guiana for the period 1 January 1998 to
        31 December 1998.
2.      The proposal is based on principles already followed in the past, in particular in Council
        Regulation (EC) n° 405/971 which established these arrangement for the period from
         1 January 1997 to 31 December 1997.
3.      Taking into account scientific advice on the state of stock evolution, it is proposed that, for
         1998, the quotas and licences foreseen for 1997 remain unchanged.
   O.J. L 066,  06.03.1997
                                               JL
 ---pagebreak---                                                 PROPOSAL FOR A
                                        COUNCIL REGULATION (EC) N°
                                                      of
            laying down for 1998 certain measures for the conservation and management of fishery
              resources applicable in vesselsflyingtheflagof certain non-member countries in the
                     200-nautical-mile zone off the coast of the French department of Guyana
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the                   Whereas the continuity of the system should be
European Community,                                            assured, in particular by maintaining the
                                                               restriction on some fish stocks in the zone in order
Having regard to Council Regulation (EEC) No                   to conserve the stock and ensure adequate
3760/92 of 20 December 1992 establishing a                     profitability for thefishermenconcerned;
Community system forfisheriesand aquaculture0 \
and in particular Article 8, paragraph 4,                      Whereas the processing industry based in the
                                                               French department of Guyana depends on landings
Having regard        to the proposal       from   the          from vessels of non-member countries operating in
Commission,                                                    the fishing zone off that department;
Whereas, in accordance with Article 8 of                       Whereas therefore, it is necessary to ensure that
Regulation (EEC) No 3760/92, the Council                       those vessels which are under contract to land their
determines for each fishery or group offisherieson             catches in the French department of Guyana can
a case-by-case basis, the total allowable catch                continue to fish;
and/or the total allowable fishing effort in order to
ensure a rational and responsible exploitation on a            Whereas shrimp fishing licences calculated on the
durable basis,                                                 basis of scientific advice have been issued to non-
                                                               member countries whose vessels fish in the zone of
Whereas, since 1977, the Community has operated                the said department;
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 Guyana most recently laid down by                2847/93 of 12 October 1993 establishing a control
Council Regulation (EC) No 405/97 of 20                        system applicable to the common fisheries
December 1996(2); whereas the latter Regulation                policy(3);
expires on 31 December 1997,
(1)      OJ n°L 389,31.12.1992, p. 1
(2)      OJ n° L 066,06.03.1997, p. 112
(3)      OJ n°L 261, 20.10.1993, p. 1
                                                     S
 ---pagebreak---                                                         2. The licences referred to in paragraph-1 shall be
                                                        issued on the basis of a fishing plan submitted by
                                                        the authorities of the country concerned, approved
HAS ADOPTED THIS REGULATION:                            by the Commission and not exceeding the limits
                                                        for the country concerned specified in point 1 of
                                                        Annex I.
                       Article 1
                                                        3. The period of validity of each of the licences
Vesselsflying'theflagof one of the countries listed     referred to in paragraph 1 shall be limited to the
in Annex I shall be authorised, during the period       fishing period provided for in the fishing plan on
1 January to 31 December 1998 to fish for the           the basis of which the licence was issued.
species listed in the said Annex in the part of the
200-nautical-mile fishing zone off the coast of the     4. All licences referred to in paragraph 1 issued to
French department of Guyana that lies more than         vessels of a non-member country shall cease to be
12 nautical miles from the base lines, in               valid as soon as it is established that the quota laid
conformity with the conditions laid down in this        down in point 1 of Annex I for that country has
Regulation.                                             been used up.
                       Article 2                                               Article 4
1. Fishing in the fishery zone referred to in           1. Licences may be issued for the fishing of species
Article 1 shall be subject to the possession on         other than shrimps to vesselsflyingthe flag of one
board of a licence, issued by the Commission on         of the countries listed in point 2 of Annex I. The
behalf of the Community, and to the observance of       maximum number of such licences for each
the conditions set out in that licence and the          country shall be as specified in point 2 of Annex I.
control measures and other provisions regulating
fishing activities in that zone.                        2. Snapper fishing licences shall be granted subject
                                                        to an undertaking by the owner of the vessel
2. Applications for licences shall be submitted by      concerned to land 75% of the catches in the
the authorities of the non-member countries             French department of Guyana.
concerned to the Commission's services at least 15
working days before the desired date of                 3. Shark fishing licences shall be granted subject
commencement of validity. Licences will be              to an undertaking by the owner of the vessel
issued to the authorities of the third countries        concerned to land 50% of the catches in the
concerned.                                              French 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 visible point. The            1. The following information shall accompany
letters and numbers must be painted in a colour         applications for licences submitted to the
that 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
 1. Licences may be issued for shrimp fishing to                  numbers;
vessels which fly the flag of one of the countries
 listed in point 1 of Annex I. The catch quantities      d)       port of registration;
 authorised under such licences, the maximum
 number of licences and the maximum number of            e)       name and address of the owner or
 days at sea during which such licences are valid                 charterer;
 shall be as specified for each country in point 1 of
 Annex I.                                                f)       gross tonnage and overall length;
                                                      U
 ---pagebreak--- g)        engine power;                                    During these fishing activities carried out by
                                                         vessels using trawls, by-catches shall be permitted.
h)        call sign and radio frequency;
                                                         2. Tuna fishing shall be authorised only for vessels
i)        intended method of fishing;                    using long lines.
j)        species intended to be fished;                 3. Snapper fishing shall be authorised only for
                                                        vessels using long lines or traps.
k)        period for which a licence is requested.
                                                        4. Shark fishing shall be authorised only for
2. Each licence shall be valid for one vessel only.     vessels using long lines or mesh nets having a
Where several vessels are taking part in the same       minimum mesh of 100 mm and shall be forbidden
fishing operation, each vessel must be in               in waters of a depth less than 30 metres.
possession of a licence.
                                                                               Article 9
                      Article 6
                                                        A log-book, a model of which appears in Annex II,
 1. To obtain a fishing licence for snapper or shark,   shall be completed after each fishing operation. A
as referred to in Article 4, proof must be produced,    copy of this .log-book shall be sent to the
in respect of each of the vessels concerned, that a     Commission within 30 days of the last day of each
valid contract exists between the shipowner             fishing trip via the French authorities.
applying for the licence and a processing
undertaking situated in the French department of
Guyana and that it includes an obligation to land                             Article 10
at least 75% of all snapper catches, or 50% of all
shark catches from the vessel concerned in that         1. The master of each vessel in possession of a
department so that they may be processed in that        licence referred to in Articles 3 and 4 (1), as
undertaking's plant.                                    concerns tuna fishing, shall observe the special
                                                        conditions set out in Annex III, and in particular
2. The contract referred to in paragraph 1 must be      forward the information specifies in the Annex.
endorsed by the French authorities, which shall         These conditions shall form an integral part of the
ensure that it is consistent both with the actual       licence.
capacity of the contracting processing undertaking
and with the objectives for the development of the      2. The master of each vessel in possession of a
Guyanese economy. A copy of the duly endorsed           licence as referred to in Article 4 (2) and (3) shall,
contract shall be appended to the licence               on landing the catch after each trip, submit to the
application.                                            French authorities a declaration, for whose
                                                        accuracy the master alone is responsible, stating
3. Where the endorsement referred to in                 the quantities of shrimp caught and kept on board
paragraph 2 is refused, the French authorities shall    since the last declaration. This declaration shall
give notification of this reusal and state their        be made using the form of which a model appears
reasons for it to the party concerned and the           in Annex IV.
Commission.
                      Article 7                                               Article 11
Licences may be cancelled with a view to issuing        1. The French authorities shall take all appropriate
new licences. Such cancellation shall take effect       measures to verify the accuracy of the declarations
on the date of issuance of the new licence by the       referred to in Article 10 (2), by checking them in
Commission.                                             particular against the log-book referred to in
                                                        Article 9. The declaration shall be signed by the
                      Article 8                         competent official after it has been verified.
1. Fishing for shrimps of the species Penaeus           2. The French authorities shall ensure that all
subtilis and Penaeus brasiliensis shall be              landings of shrimps in the French department of
forbidden in waters of a depth less than 30 metres.     Guyana by vessels in possession of a licence as
                                                        referred to in Article 4 (2) and (3) shall be the
                                                     5"
 ---pagebreak--- subject of a declaration as referred to in
Article 10 (2).                                         3. The granting of a licence may be refused during
                                                       the period referred to in paragraph 1 to one or
3. Before the end of each month, the French            more vessels belonging to a shipowner who owns a
authorities shall send to the Commission all the       vessel whose licence has been withdrawn under
declarations referred to in paragraph 2 relating to    this Article or which has fished without a licence
the preceding month.                                   in the zone referred to in Article 1.
                                                                             Article 15
                      Article 12
                                                       If, for a period of one month, the Commission
 1. The granting of licences to vessels from third     receives no communication as referred to in
countries shall be subject to the undertaking by the   Article 10 paragraph 1 concerning a vessel in
owner of the vessel concerned to permit an             possession of a licence referred to in Articles 3 and
observer to come on board at the Commission's          4, the licence of such vessel shall be withdrawn.
request.
                      Article 13                                            Article 16
1. The French authorities shall take appropriate       The period of validity of licences valid on
measures to ensure that the obligations set out in     31 December 1997 pursuant to Article 1 of
this Regulation are complied with, including the       Regulation (EC) No 405/97 may be extended, at
regular inspection of vessels.                         the request of the authorities of the country
                                                       concerned, until 31 January 1998. Licences thus
2. Where an infringement is formally ascertained,      extended shall be counted against the number of
the French authorities shall, without delay, and in    corresponding licences laid down in Annex I for
any event not later than 30 days from the date on      the duration of the extension, without that total
which the infringement was ascertained, inform         being exceeded.
the Commission of the name of the vessel
concerned and of any action they may have taken.
                                                                            Article 17.
                      Article 14
                                                       This Regulation shall enter into force on the day of
1. Licences for vessels which have note complied       its publication in the Official Journal of the
with the obligations provided for in this              European Communities.
Regulation, including the obligation to land all or
part of the catches laid down in a contract as         It shall apply from 1 January to 31 December
referred to in Article 6 shall be withdrawn.           1998.
No licence shall be issued to such vessels for a       This Regulation shall be binding in its entirety and
period of four to 12 months from the date on           directly applicable in all Member States.
which the infringement was committed.
2. Where a vessel fishes without a valid licence in    Done at Brussels,
the zone referred to in Article 1, and where that
vessel belongs to a shipowner or is managed by a                                   For the Council
natural or legal person who has or exercises the                                   The President
management of one or more other vessels to which
licences have been issued, one of those licences
may be withdrawn.
                                                     é
 ---pagebreak---                                                   ANNEXE I
1.      Licences referred to in Article 3
 Vessels flying the flag of   Quantity of authorized        Maximum number of        Maximum number of
                                 catches in tonnes          vessels with a licence       days at sea
 Barbados                                24                            5                      200
 Guyana                                  24                            5                     200
 Surinam                                p.m.                         p.m.                    p.m.
 Trinidad and Tobago                     60                            8                      350
        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
                                                        0-
 ---pagebreak---                 ANNEX II
FICHE DE PÊCHE
           D
           D
             N
             N
             N
           D
             N
           D
             N
           D
             N
           D
             N
             N
             N
           D
             N
           D
             N
             N
               Y
 ---pagebreak---                                               ANNEX11I
                                          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 Guyana, 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 weekfromthe date of entry into the zone referred to in
            (a) orfromthe 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 co-ordinates 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.
   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---                                                   ANNEX IV
                                   Declaration pursuant to Article 10 (2)
                                   LANDING DECLARATION 0)
 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
0)       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.
                                                  /o
 ---pagebreak---                                                                   ISSN 0254-1475
                                                            COM(97) 700 final
                                              DOCUMENTS
EN                                                                    03 11
                                    Catalogue number : CB-CO-97-719-EN-C
                                                             ISBN 92-78-29193-5
Office for Official Publications of the European Communities
L-2985 Luxembourg
                                                //