Council Regulation (EC) No 27/2005Show full title

CHAPTER V LICENSING ARRANGEMENTS FOR THIRD COUNTRY VESSELS

Article 18 Obligation to have a licence and a special fishing permit

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

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

3. Vessels from third countries authorised to fish on 31 December 2004 may continue to fish as from 1 January 2005 until the list of vessels authorised to fish is submitted to and approved by the Commission.

Article 19 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 required.

Article 20 Number of licences

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

Article 21 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 Licences and special fishing permits shall be wholly or partially withdrawn before the date of expiry if the quota for the stock in question set out in Annex I has been exhausted.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 Licences and special fishing permits shall be withdrawn in the event of any failure to meet the obligations laid down in this Regulation.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 22 Failure to comply with relevant rules

1. For a period not exceeding 12 months, no licence and special fishing permit shall be issued for any 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 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 23 Obligations of the licence holder

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

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

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

Article 24 Specific provisions concerning the French Department of Guyana

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

2. The master of each vessel in possession of a licence for finfish or tuna fishing in the waters of the French Department of 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 VI. 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 23(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. Vessels fishing in the waters of the French Department of Guyana shall keep a logbook corresponding to the model appearing in Part II of Annex VII. 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 vessel in possession of a licence to fish in waters of the French Department of Guyana, the licence of that vessel shall be withdrawn.