Council Regulation (EC) No 51/2006Show full title

CHAPTER V LICENSING ARRANGEMENTS FOR THIRD-COUNTRY FISHING VESSELS

Article 19 Obligation to have a licence and a special fishing permit

1. Notwithstanding Article 28b of Regulation (EEC) No 2847/93, fishing vessels of less than 200 GT flying the flag of Norway shall be exempt from the obligation to have a licence and a special fishing permit.

2. The licence and special fishing permit shall be kept on board. However, fishing vessels registered in the Faroe Islands or Norway shall be exempt from that obligation.

3. Fishing vessels from third countries authorised to fish on 31 December 2005 may continue to fish as from 1 January 2006 until the list of fishing vessels authorised to fish is submitted to, and approved by, the Commission.

Article 20 Application for a licence and special fishing permit

An application to the Commission for a licence and special fishing permit from an authority of a third-country shall be accompanied by the following information:

(a)

name of the vessel;

(b)

registration number;

(c)

external identification letters and numbers;

(d)

port of registration;

(e)

name and address of the owner or charterer;

(f)

gross tonnage and overall length;

(g)

engine power;

(h)

call sign and radio frequency;

(i)

intended method of fishing;

(j)

intended area of fishing;

(k)

species for which it is intended to fish;

(l)

period for which a licence is applied for.

Article 21 Number of licences

The number of licences and special associated conditions shall be fixed as set out in Part II of Annex IV.

Article 22 Cancellation and withdrawal

1. Licences and special fishing permits may be cancelled with a view to the issue of new licences and special fishing permits. Such cancellations shall take effect on the day preceding the date of issue of the new licences and special fishing permits by the Commission. New licences and special fishing permits shall take effect from their date of issue.

2. Licences and special fishing permits shall be wholly or partially withdrawn before their date of expiry if the quota for the stock in question as set out in Annex I has been exhausted.

3. Licences and special fishing permits shall be withdrawn in the event of any failure to meet the obligations laid down in this Regulation.

Article 23 Failure to comply with relevant rules

1. For a period not exceeding 12 months, no licence or special fishing permit shall be issued for any third-country fishing vessel in respect of which the obligations laid down in this Regulation have not been fulfilled.

2. The Commission shall submit to the authorities of the third-country concerned the names and characteristics of the third-country fishing vessels which will not be authorised to fish in the Community fishing zone for the following month or months as a consequence of an infringement of the relevant rules.

Article 24 Obligations of the licence holder

1. Third-country fishing vessels shall comply with the conservation and control measures and other provisions governing fishing by Community vessels in the zone in which they operate, in particular Regulations (EEC) No 1381/87, (EEC) No 2847/93, (EC) No 1627/94, (EC) No 88/98(1), (EC) No 850/98, and (EC) No 1434/98.

2. The third-country fishing vessels referred to in paragraph 1 shall keep a logbook in which the information set out in Part I of Annex V, shall be entered.

3. Third-country fishing vessels, except vessels flying the flag of Norway fishing in ICES Division IIIa, shall transmit the information set out in Annex VI to the Commission, in accordance with the rules laid down in that Annex.

Article 25 Specific provisions concerning the Department of French Guyana

1. The granting of licences to fish in the waters of the Department of French Guyana shall be subject to an undertaking by the owner of the third-country fishing vessel concerned to permit an observer to come on board at the Commission's request.

2. The master of each third-country fishing vessel in possession of a licence for finfish or tuna fishing in the waters of the Department of French Guyana shall, on landing the catch after each trip, submit a declaration to the French authorities stating the quantities of shrimp caught and kept on board since the last declaration. This declaration shall be in accordance with the model set out in Part III of Annex IV. The master shall be responsible for the accuracy of the declaration. The French authorities shall take all appropriate measures to verify the accuracy of the declarations, by checking them in particular against the logbook referred to in Article 24(2). The declaration shall be signed by the competent official after it has been verified. Before the end of each month, the French authorities shall send to the Commission all the declarations relating to the preceding month.

3. Third-country fishing vessels fishing in the waters of the Department of French Guyana shall keep a logbook corresponding to the model appearing in Part II of Annex V. A copy of this logbook shall be sent to the Commission within 30 days of the last day of each fishing trip, via the French authorities.

4. If, for a period of one month, the Commission receives no communication concerning a third-country fishing vessel in possession of a licence to fish in waters of the Department of French Guyana, the licence of that vessel shall be withdrawn.

(1)

Council Regulation (EC) No 88/98 of 18 December 1997 laying down certain technical measures for the conservation of fishery resources in the waters of the Baltic Sea, the Belts and the Sound (OJ L 9, 15.1.1998, p. 1). Regulation as last amended by Regulation (EC) No 289/2005 (OJ L 49, 22.2.2005, p. 1).