# EUR-Lex - 52012PC0256 - EN

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# 52012PC0256

**Proposal for a COUNCIL DECISION on the signature, on behalf of the European Union, and the provisional application of the Protocol agreed between the European Union and the Republic of Guinea-Bissau setting out fishing opportunities and the financial contribution provided for in the Fisheries Partnership Agreement between the two parties currently in force /* COM/2012/0256 final - 2012/0132 (NLE) */**

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EXPLANATORY MEMORANDUM

1.           CONTEXT OF THE PROPOSAL

On the basis
of a mandate from the Council[1],
the European Commission has conducted negotiations with the Republic of
Guinea-Bissau with a view to renewing the Protocol to the Fisheries Partnership
Agreement between the European Community and the Republic of Guinea-Bissau. At
the end of those negotiations, a new Protocol was initialled on 10 February
2012. The new Protocol covers a period of three years from the date of its
signature.

The main aim
of the Protocol to the Agreement is to provide fishing opportunities for the
vessels of the European Union in the waters of Guinea-Bissau within the limits
of the available surplus. The Commission’s negotiating position was based in
part on the results of an ex-post evaluation carried out by external experts
and on the opinion of the Scientific Committee established under the Agreement.

The general
aim is to enhance the cooperation between the European Union and the Republic
of Guinea-Bissau, thereby creating a partnership framework within which to
develop a sustainable fisheries policy and sound exploitation of fishery
resources in the Guinea-Bissau fishing zone, in the interests of both Parties.

More particularly, the Protocol provides
for fishing opportunities in the following categories:

1.
3 700 GRT for shrimp freezer trawlers

2.
3 500 GRT for fin-fish/cephalopod freezer
trawlers

3.
28 tuna seiners / surface longliners

4.
12 pole-and-line tuna vessels.

The Commission proposes, on this basis,
that the Council, with the consent of the Parliament, adopt this new Protocol
by Decision.

2.           RESULTS OF CONSULTATIONS WITH THE
INTERESTED PARTIES AND IMPACT ASSESSMENTS

The interested parties were consulted ahead
of the negotiations in the framework of the Long Distance Fleet Regional
Advisory Council, bringing together the fisheries sector and environmental and
development NGOs. Experts from the Member States were also consulted in
technical meetings. These consultations concluded that it would be beneficial
to maintain a fishing protocol with Guinea-Bissau.

3.           LEGAL ELEMENTS OF THE PROPOSAL

This procedure
is being initiated, along with the procedures relating to the Council Decision,
with the consent of the Parliament, for the conclusion of the Protocol itself
and the Council Regulation on the allocation of fishing opportunities among the
Member States of the EU.

4.           BUDGETARY IMPLICATIONS

The overall
financial contribution of the Protocol of EUR 9 200 000 over the
whole period is based on: (a) a maximum of 40 authorisations for tuna vessels
and of 7 200 GRT for trawlers, for a financial contribution of
EUR 6 200 000 and (b) support for the development of the
sectoral fisheries policy of the Republic of Guinea-Bissau amounting to
EUR 3 000 000. This support meets the objectives of the national
fisheries policy.

5.           OPTIONAL ELEMENTS

2012/0132 (NLE)

Proposal for a

COUNCIL DECISION

on the signature, on behalf of the
European Union, and the provisional application of the Protocol agreed between
the European Union and the Republic of Guinea-Bissau setting out fishing
opportunities and the financial contribution provided for in the Fisheries
Partnership Agreement between the two parties currently in force

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the
Functioning of the European Union, and in particular Article 43 in conjunction
with Article 218(5) thereof,

Having regard to the proposal from the
European Commission,

Whereas:

(1)       On 17 March 2008, the
Council adopted Regulation (EC) No 241/2008 on the conclusion of the Fisheries
Partnership Agreement between the European Community and the Republic of
Guinea-Bissau[2].

(2)       The Protocol to that
Partnership Agreement which is currently in force expires on 15 June 2012.

(3)       The European Union has
negotiated with the Republic of Guinea-Bissau (hereafter referred to as
'Guinea-Bissau') a new Protocol granting European Union vessels fishing
opportunities in the waters over which Guinea-Bissau exercises sovereignty or
jurisdiction in fishing matters.

(4)       At the end of those
negotiations, a new Protocol was initialled on 10 February 2012.

(5)       To ensure EU vessels can
continue their fishing activities, Article 18 of the new Protocol provides
for it to apply on a provisional basis from the date of its signature.

(6)       The new Protocol should be
signed and applied on a provisional basis, pending the completion of the
procedures for its conclusion,

HAS ADOPTED THIS DECISION:

Article 1

The signature of the Protocol agreed
between the European Union and the Republic of Guinea-Bissau setting out
fishing opportunities and the financial contribution provided for in the
Fisheries Partnership Agreement in force between the two parties is hereby
authorised on behalf of the European Union, subject to its conclusion.

The text of the Protocol is attached to
this Decision.

Article 2

The President of the Council is hereby
authorised to designate the person or persons empowered to sign the Protocol on
behalf of the EU, subject to its conclusion.

Article 3

The Protocol shall apply on a provisional
basis from the date of its signature onwards, pending the completion of the
procedures for its conclusion.

Article 4

This
Decision shall enter into force on the day following that of its publication in
the Official Journal of the European Union.

Done at Brussels,

For
the Council

The
President

PROTOCOL

setting out the fishing opportunities and financial contribution
provided for in the Fisheries Partnership Agreement between the European
Community and the Republic of Guinea-Bissau

Article 1
Period of application and fishing opportunities

1.           For a period of three
years, the fishing opportunities granted to vessels of the European Union under
Article 5 of the Fisheries Partnership Agreement shall be as follows:

–
crustaceans and demersal species:

(a)
freezer shrimp trawlers: 3 700 GRT per year;

(b)
freezer, fin-fish and cephalopod trawlers: 3 500
GRT per year;

–
highly migratory species (species listed in
Annex 1 to the 1982 United Nations Convention on the Law of the Sea):

(a)
freezer tuna seiners and longliners: 28 vessels;

(b)
pole-and-line tuna vessels: 12 vessels.

2.           Paragraph 1 shall apply
subject to Articles 7 and 9 of this Protocol.

Article 2
Financial contribution — Methods of payment

1.           For the period referred to
in Article 1 of the Protocol, the financial contribution referred to in Article
7 of the Fisheries Partnership Agreement shall be EUR 9 200 000 per
year.

2.           The financial contribution
comprises:

(a)
an annual sum of EUR 6 200 000
for access to the fishery resources in the Guinea-Bissau exclusive economic
zone (EEZ), and

(b)
a specific amount of EUR 3 000 000 per
year for support for the sectoral fisheries policy of Guinea-Bissau.

3.           Paragraph 1 shall apply
subject to Articles 7, 9, 14, 15 and 17 of this Protocol.

4.           Payment of the financial
contribution due under Paragraph 2(a) and (b) above shall be made within 30
days of the entry into force of the Protocol for the first year and by the
renewal date for subsequent years.

5.           The authorities of
Guinea-Bissau shall have full discretion regarding the use to which the
financial contribution referred to in paragraph 2(a) is put.

6.           The payments provided for
in this Article shall be paid into a single Public Treasury account opened at
Guinea-Bissau’s central bank, the references of which shall be notified each
year by the State Secretariat for Fisheries.

Article 3
Promotion of responsible and sustainable fishing
in the waters of Guinea-Bissau

1.           No later than three months
after the entry into force of this Protocol, the Parties shall agree, within
the Joint Committee provided for in Article 10 of the Fisheries Partnership
Agreement, on a multiannual sectoral programme and detailed implementing rules,
in particular:

(a)
annual and multiannual guidelines for using the
financial contribution referred to in Article 2(2)(b);

(b)
the objectives, both annual and multiannual, to
be achieved with a view to introducing, over time, responsible and sustainable
fishing, taking account of the priorities expressed by Guinea-Bissau in its
national fisheries policy and other policies relating to or having an impact on
the introduction of responsible and sustainable fishing;

(c)
criteria and procedures for evaluating the
results obtained each year.

2.           Any proposed amendments to
the multiannual sectoral programme must be approved by both Parties within the
Joint Committee.

3.           The Joint Committee is
responsible for implementing the multiannual sectoral programme. If necessary,
the two Parties shall continue this monitoring after this Protocol expires,
until the specific financial contribution provided for in Article 2(2)(b) has
been used up.

Article 4
Scientific cooperation on responsible fishing

1.           The two Parties hereby
undertake to promote responsible fishing in Guinea-Bissau's fishing zone, based
on the principle of non-discrimination between the different fleets operating
in those waters, and based on the principle of sustainable management of fish
stocks and marine ecosystems.

2.           During the period covered
by this Protocol, the European Union and Guinea-Bissau shall cooperate to
monitor the evolution of stocks and fisheries in the Guinea-Bissau EEZ.

3.           The two parties undertake
to promote compliance with the recommendations of the International Commission
for the Conservation of Atlantic Tunas (ICCAT) and of the Fishery Committee for
the Eastern Central Atlantic (CECAF), as well as cooperation at subregional
level regarding the sustainable management of fisheries, particularly within
the Subregional Fisheries Commission (CSRP).

4.           The two parties shall
consult each other within the Joint Committee to adopt, where necessary and by
mutual agreement, new measures to ensure the sustainable management of fish
stocks.

Article 5
Joint Scientific Committee

1.           The Joint Scientific
Committee is composed of scientists, who are appointed in equal number by each
of the two parties. If both parties agree, participation in the joint
scientific committee can be extended to include observers – particularly
representatives of regional fisheries organisations, such as the CECAF.

2.           The Joint Scientific
Committee shall meet at least once a year, in accordance with Article 4(1) of
the Fisheries Partnership Agreement. In principle, the meetings should be held
alternately in Guinea-Bissau and in the European Union. At the request of one
of the parties, other meetings may also be convened. The meetings shall be
chaired alternately by the two parties.

3.           The functions of the Joint
Scientific Committee shall cover in particular the following activities:

(a)
compiling the data on the fishing efforts and
catches of national and foreign fleets operating in the Guinea-Bissau EEZ and
fishing for species covered by this Protocol;

(b)
proposing, monitoring or analysing the annual
surveys contributing to the stock assessment process and allowing fishing
opportunities to be determined and the exploitation options which guarantee the
conservation of resources and their ecosystem;

(c)
drawing up, on this basis, an annual scientific
report on the fisheries that are the subject of this Agreement;

(d)
formulating, on its own initiative or in
response to a request from the Joint Committee or from one of the parties, any
scientific opinion relating to the management measures which shall be judged
necessary for the sustainable exploitation of the stocks and fisheries covered
by this Protocol.

Article 6
Closure of a fishery by Guinea-Bissau

1.           In the event that
Guinea-Bissau, on the basis of an opinion from the Joint Scientific Committee,
decides to close a fishery as part of a measure for conserving resources, the
Joint Committee shall meet to analyse the bases for that decision, assess the
impact of this closure on the activity of the EU vessels in the context of this
Agreement and to decide on potential corrective measures.

2.           In the cases provided for
in paragraph 1, the Joint Committee shall agree on a proportional reduction in
the financial contribution of the Agreement paid by the EU and, if necessary,
on compensation offered to the vessel owners.

3.           Any closure of a fishery
decided by Guinea-Bissau following a scientific opinion will be applied in a
non-discriminatory manner to all the vessels concerned by that fishery,
including the national vessels and those flying the flag of a third country.

Article 7
Adjustment of fishing opportunities by mutual
agreement

The fishing opportunities provided for in
Article 1 may be adjusted by mutual agreement in the Joint Committee and
on the basis of a recommendation from the Joint Scientific Committee. In this
case, the financial contribution referred to in Article 2(2)(a) shall be
adjusted proportionately and pro rata temporis and the necessary
amendments shall be made to this Protocol and to its Annex.

Article 8
Exploratory fishing

1.            The aim of the exploratory fishing trips is to test the technical
feasibility and the economic viability of new fisheries.

2.            The European Commission shall communicate to the authorities of
Guinea-Bissau the applications for exploratory fishing licences on the basis of
a technical file indicating:

–
the technical characteristics of the vessel;

–
the vessel's officers' level of expertise in the
relevant fishery;

–
the proposal for the technical parameters of the
trip (length, gear, exploration regions, etc.).

3.            The exploratory fishing trips shall have a maximum duration of six
months. They shall be subject to the payment of a
fee set by Guinea-Bissau.

4.            A scientific observer from the
flag State and an observer chosen by Guinea-Bissau shall be present on board
throughout the duration of the trip.

5.            The authorities of
Guinea-Bissau shall determine the allowable catches for the exploratory fishing
trip. The catches consistent with and obtained
during the exploratory trip shall remain the property of the vessel owner. Fish of a non-prescribed size or fish whose capture
is not allowed under the relevant legislation of Guinea-Bissau may not be held
on board or sold.

6.            The detailed results of the
trip shall be sent to the Joint Committee and the Joint Scientific Committee
for analysis.

Article 9
New fishing opportunities

Should European fishing vessels be
interested in fishing activities which are not indicated in Article 1 of this
Protocol, the parties shall consult the Joint Scientific Committee. The parties
shall agree on the conditions applicable to these new fishing opportunities
and, if necessary, make amendments to this Protocol and to the Annex hereto.

Article 10
Economic integration of European Union operators
into the Guinea-Bissau fisheries sector

1.           The two parties undertake to promote the economic integration of
European operators into the fishing industry in Guinea-Bissau as a whole, in
particular the chartering of European vessels and the establishment of joint
ventures.

2.           The two parties shall
cooperate in order to raise European private operators' awareness of commercial
and industrial opportunities, particularly with regard to direct investments in
the whole fishing sector in Guinea-Bissau.

3.           For the same reason,
Guinea-Bissau may give incentives to operators who undertake such investments.

4.           The parties shall, between
now and the end of 2012, establish a reflection group to which the economic
operators will be invited in order to identify the obstacles to operators
investing directly in the fisheries sector and measures to overcome those
obstacles. The group will seek to propose possible forms of financing to
implement the actions identified.

Article 11
Electronic communication

1.           Guinea-Bissau and the EU
undertake to install as soon as possible the computer systems required for the
electronic exchange of all the information and documents related to the
implementation of the Agreement.

2.           The electronic form of a
document will be considered equivalent to the paper version in every respect.

3.           Guinea-Bissau and the EU
shall inform each other of any malfunction of a computer system as soon as
possible. The information and documents related to the implementation of the
Agreement shall then be automatically replaced by their paper version as
specified in the Annex.

Article
12
Confidentiality of data

Guinea-Bissau shall undertake that all
nominative data relating to EU vessels and their fishing activities obtained
within the framework of the Agreement will, at all times, be processed strictly
in accordance with the principles of confidentiality and data protection.

Article 13
Applicable provisions of national law

1.           The activities of European
Union vessels operating in the waters of Guinea-Bissau shall be governed by the
applicable law in Guinea-Bissau, unless otherwise provided for in the Fisheries
Partnership Agreement, this Protocol and the Annex and appendices hereto.

2.           The authorities of Guinea-Bissau
shall inform the European Commission of any change or any new legislation
relating to the fishing sector.

Article 14
Suspension and review of the payment of the
financial contribution

1.           The financial contribution
as referred to in Article 2(2)(a) and (b) may be revised or suspended after
consultation within the Joint Committee if one or more of the following
conditions are met:

(a)
unusual circumstances, other than natural
phenomena, prevent fishing activities in the Guinea-Bissau EEZ;

(b)
following significant changes in the policy
objectives which led to the conclusion of this Protocol, one of the two parties
requests a review of the provisions with a view to a possible amendment
thereof;

(c)
the European Union notes that there has been a
violation in Guinea-Bissau of the essential and fundamental elements of human
rights and democratic principles as provided for in Article 9 of the Cotonou
Agreement.

2.           The European Union
reserves the right to revise or suspend, partially or totally, the payment of
the specific financial contribution provided for in Article 2(2)(b) of this
Protocol:

(a)
 if the results obtained are inconsistent with
the programming, following an evaluation carried out by the Joint Committee,
and/or

(b)
in the event of failure to implement this financial
contribution.

3.           Payment of the financial
contribution shall resume after consultation and agreement of the two Parties
as soon as the situation prior to the events referred to in paragraph 1 has
been re-established, and/or if the results of the financial implementation
referred to in paragraph 2 so warrant. Nevertheless, the specific financial
contribution provided for in Article 2(2)(b) may not be paid out beyond a
period of six months after the Protocol expires.

4.           The fishing authorisations granted to European vessels may be
suspended at the same time as the suspension of the payment of the financial
contribution under Article 2(2)(a). If resumed, the validity of these
fishing authorisations shall be extended for a period equal to the period of suspension
of fishing activities.

Article 15
Suspension of the implementation of the Protocol

1.           The implementation of this
Protocol may be suspended at the initiative of one of the two Parties after
consultation within the Joint Committee, if one or more of the following
conditions apply:

(a)
unusual circumstances, other than natural
phenomena, prevent fishing activities in the Guinea-Bissau EEZ;

(b)
following significant changes in the policy
objectives which led to the conclusion of this Protocol, one of the two Parties
requests a review of the provisions with a view to their possible amendment;

(c)
one of the two Parties violates one of the
essential and fundamental elements of human rights and democratic principles as
provided for in Article 9 of the Cotonou Agreement;

(d)
there is a non-payment of the financial
contribution provided for in Article 2(2)(a) by the European Union, for
reasons other than those provided for in Article 14 of this Protocol;

(e)
a dispute which has not been settled in the
Joint Committee is ongoing between the two Parties;

(f)
one of the two Parties does not comply with the
provisions of this Protocol.

2.           Where the application of
the Protocol is suspended for reasons other than those given in paragraph 1(c)
above, it shall require the Party concerned to notify its intention in writing
at least three months before the date on which suspension is due to take
effect. Suspension of the Protocol for the
reasons given in paragraph 1(c) shall apply immediately after the suspension
decision has been taken.

3.           In the event of
suspension, the Parties shall continue to consult with a view to finding an
amicable settlement to their dispute. Where such settlement is reached,
application of the Protocol shall resume and the amount of the financial
contribution shall be reduced proportionately and pro rata temporis
according to the period during which application of the Protocol has been
suspended.

Article
16
Duration

This Protocol and the Annex hereto shall
apply for a period of three years from the provisional application in
accordance with Article 18, unless notice of termination is given in accordance
with Article 17.

Article
17
Termination

1.           In the event of
termination of the Protocol, the Party concerned shall notify the other Party
in writing of its intention to terminate it at least six months before the date
on which such termination would take effect.

2.           Dispatch of the
notification, as referred to in the previous paragraph, shall open
consultations between the Parties.

Article
18
Provisional application

This Protocol shall apply provisionally
from the date of signature.

Article 19
Entry into force

This Protocol
with its Annex shall enter into force on the date on which the Parties notify
each other of the completion of the procedures necessary for that purpose.

ANNEX I

CONDITIONS GOVERNING FISHING ACTIVITIES BY EUROPEAN UNION VESSELS IN
THE GUINEA-BISSAU FISHING ZONE

CHAPTER I

General provisions

1.           Designation of
competent authority

1.           For the purposes of this
Annex and unless otherwise specified hereinafter, any reference to the European
Union (EU) or to Guinea-Bissau as a competent authority shall mean:

i.        for the EU: the European Commission,
where applicable via the EU delegation

ii.       for Guinea-Bissau: the government
department responsible for fishing.

2.           National EEZ

Guinea-Bissau shall notify the EU of the
geographical coordinates of its EEZ and the baselines before the Protocol
enters into force.

3.           Appointment of a
local agent

With the exception of tuna vessels, any EU
vessel which plans to obtain a fishing authorisation under the present Protocol
must be represented by a consignee resident in Guinea-Bissau.

4.           Bank account

Guinea-Bissau shall notify the EU before
the entry into force of the Protocol of the details of the bank account(s) into
which the financial sums payable by EU vessels under the Agreement should be
paid. The costs of the bank transfers shall be borne by vessel owners.

CHAPTER II

Fishing authorisations

1.           Condition for
obtaining a fishing authorisation – eligible vessels

The fishing authorisations referred to in
Article 6 of the Agreement shall be issued on the condition that the vessel is
included in the EU register of fishing vessels and that all previous
obligations of the vessel owner, the master, or the vessel itself arising out
of fishing activities in Guinea-Bissau under the Agreement have been met.

2.           Application for a
fishing authorisation

2.1         The EU shall submit to
Guinea-Bissau an application for a fishing authorisation in respect of any
vessel wishing to fish under the Agreement at least 20 days before the start of the period of validity requested, using the
form in the Appendix.

2.2         For each initial application for a fishing authorisation
on the basis of the Protocol in force, or following a technical change to the vessel concerned, the application shall
be accompanied by:

i.        proof of payment of the flat-rate
fee for the period of validity of the fishing authorisation requested

ii.       the name and address of the local
consignee for the vessel, where there is one

iii.      for trawlers, proof of the
prepayment of the flat-rate contribution to the costs of the observer

iv.      for trawlers, certification of the
vessel's tonnage, issued by the flag State

v.       for trawlers, certificate of
compliance issued by Guinea-Bissau after a technical inspection of the vessel

vi.      any other document specifically
required under the Agreement.

2.3         For renewal of a fishing authorisation under the Protocol in force
for a vessel whose technical specifications have not been modified, the renewal
application shall only be accompanied by proof of payment of the fee and, where
applicable, the flat-rate contribution to the costs of the observer.

3.           Advance flat-rate
fee

3.1         The amount of the flat-rate
fee shall be set on the basis of the annual rate specified for each category of
vessel in the technical sheets included in the Appendix to this Annex. It shall
include all local and national taxes, with the exception of port taxes and
charges for the provision of services.

3.2         Where the fishing
authorisation is valid for a period of less than one year, the amount of the
flat-rate fee shall be adapted in proportion to the period of validity
requested. It shall be increased, where applicable, by the increase due for the
quarterly or half-yearly durations, based on the scales fixed in the
corresponding technical sheets.

4.           Provisional list of
vessels authorised to fish

4.1         Once it has received the
fishing authorisation applications, Guinea-Bissau shall immediately draw up,
for each category of vessel, the provisional list of applicant vessels. This
list shall be sent immediately to the national body responsible for supervising
fishing, and to the EU.

4.2         The EU shall forward the
provisional list to the vessel owner or to the consignee. If the EU offices are
closed, Guinea-Bissau may send the provisional list directly to the vessel
owner or their consignee with a copy to the EU.

5.           Issue of fishing
authorisation

5.1         Guinea-Bissau shall issue
the fishing authorisation to the EU within 20 days of receiving the full
application file.

5.2         Where a fishing
authorisation is renewed during the period in which the Protocol applies, the
new fishing authorisation must contain a clear reference to the initial fishing
authorisation.

5.3         The EU shall forward the
fishing authorisation to the vessel owner or to the consignee. If the EU
offices are closed, Guinea-Bissau may issue the fishing authorisation directly
to the vessel owner or their consignee and send a copy to the EU.

6.           List of vessels
authorised to fish

Once the fishing authorisation is issued,
Guinea-Bissau shall draw up immediately for each category of vessel the final
list of vessels which are authorised to fish in the Guinea-Bissau zone. This
list shall be sent immediately to the national body responsible for monitoring
fishing and to the EU and shall replace the provisional list referred to above.

7.           Period of validity
of the fishing authorisation

7.1         The fishing authorisations
shall be drawn up for a quarterly, half-yearly or yearly period.

7.2         In order to establish the
start of the period of validity, annual period shall mean:

i.        for the first year of application of
the Protocol, the period between the date of its entry into force and 31
December of the same year

ii.       then, each complete calendar year

iii.      for the last year of application of
the Protocol, the period between 1 January and the date of expiry of the
Protocol.

7.3         A quarterly or half-yearly
validity period shall start on the first of each month. However, the fishing
authorisations may not be valid beyond 31 December of the year they are
issued.

8.           Keeping the fishing
authorisation on board

8.1         The fishing authorisation
must be kept on board at all times.

8.2         However, tuna-fishing
vessels and surface longliners shall be authorised to fish as soon as they are
included on the provisional list referred to above. These vessels must keep the
provisional list on board until their fishing authorisation is issued.

9.           Transfer of fishing
authorisation

9.1         The fishing authorisation
shall be issued for a given vessel and shall not be transferable.

9.2         However, in the case of
force majeure and at the request of the EU, the fishing authorisation shall be
replaced by a new authorisation, issued for another vessel similar to the
vessel to be replaced.

9.3         The transfer shall involve
the fishing authorisation to be replaced being returned by the vessel owner or
its consignee in Guinea-Bissau and the drawing up of the replacement
authorisation by Guinea-Bissau immediately. The replacement authorisation shall
be issued immediately to the vessel owner or their consignee when the
authorisation to be replaced is returned. The replacement authorisation shall
take effect on the day on which the authorisation to be replaced is returned.

9.4         For trawlers, if the
tonnage (GRT) of the replacement vessel is greater than that of the vessel
replaced, the additional fee shall be calculated in proportion to the
difference in tonnage and the remaining validity period. This additional fee
shall be paid by the vessel owner when the fishing authorisation is
transferred.

9.5         Guinea-Bissau shall
immediately update the list of vessels authorised to fish. The new list shall
be sent immediately to the national body responsible for supervising fishing,
and to the EU.

10.         Support vessels

10.1       At the request of the EU,
Guinea-Bissau shall authorise EU vessels which are holders of a fishing
authorisation to be assisted by support vessels. The support vessels shall fly
the flag of an EU Member State or belong to an EU company, and may not be
equipped for fishing.

10.2       Guinea-Bissau shall draw up
the list of authorised support vessels and send it immediately to the national
body responsible for supervising fishing, and to the EU.

10.3       The support vessels must
have an authorisation for this, issued under the law of Guinea-Bissau.

11.         Technical inspection
(trawlers)

11.1       Once a year, or following a
change in the vessel's tonnage, or where the use of other fishing gear entails
a change of fishing category, all EU trawlers shall present themselves in a
Guinea-Bissau port for a technical inspection, in accordance with the
applicable legislation of Guinea-Bissau.

11.2       The technical inspection
shall verify that the vessel’s technical characteristics and the fishing gear
on board conform to the provisions of the Agreement and that the provisions
relating to its boarding by national seamen have been complied with.

11.3       Guinea-Bissau must conduct
the technical inspection within a maximum of 48 hours of the trawler's arriving
in port.

11.4       After completion of the
technical inspection, Guinea-Bissau shall issue a certificate of compliance to
the master of the vessel immediately, and send a copy to the EU.

11.5       The certificate of
compliance shall be valid for a period of one year. However, any change
of fishing to or from the shrimp fishing category shall require a new
certification of compliance. Furthermore, a new certificate of compliance shall
be required if the vessel leaves the Guinea-Bissau exclusive economic zone for
a period greater than 45 days.

11.6       The certificate of compliance
must be kept on board at all times.

11.7       The costs of the technical
inspection shall be borne by the vessel owner and shall be the amount
determined by the rates set out by Guinea-Bissau law. These costs may not
exceed the amounts paid for the same service by national vessels or vessels
flying the flag of a third State.

CHAPTER III

Technical measures

1.           Technical measures
applicable to the vessels holding a fishing authorisation, relating to the
zone, fishing gear and additional catch, shall be defined for each fishing
category in the technical sheets contained in the Appendix to this Annex.

2.           Tuna-fishing vessels and
surface longliners shall comply with all the recommendations adopted by the
ICCAT (International Commission for the Conservation of Atlantic Tunas).

CHAPTER IV

Catch reporting

1.           Fishing logbook

1.1         The master of an EU vessel
fishing under the Agreement shall keep a fishing logbook, for which the model
for each category of fishing is included in the Appendix of this Annex. The
fishing logbook shall be completed by the master for each day the vessel is
present in the fishing zone of Guinea-Bissau.

1.2         Each day the master shall
record in the fishing logbook the quantity of each species, identified by its
FAO alpha 3 code of the, caught and kept on board, expressed in kilograms of
live weight or, where necessary, the number of individual fish. For each main
species, the master shall also mention the bad catch.

1.3         Where applicable, the
master shall also record each day in the fishing logbook the quantities of each
species thrown back into the sea, expressed in kilograms of live weight or,
where necessary, the number of individual fish.

1.4         The fishing logbook shall
be filled in legibly, in block capitals, and shall be signed by the master.

1.5         The master shall be
responsible for the accuracy of the data recorded in the fishing logbook.

2.           Catch reporting

2.1         The master shall notify the
vessel's catch by submitting to Guinea-Bissau its fishing logbooks for the
period of its presence in the Guinea-Bissau fishing zone.

2.2         The fishing logbooks shall
be transmitted in one of the following ways:

i.        when passing through a port of
Guinea-Bissau, the original of each fishing logbook shall be submitted to the
local representative of Guinea-Bissau, who shall confirm receipt thereof in
writing;

ii.       when leaving the Guinea-Bissau
fishing zone without first passing through a Guinea-Bissau port, the original
of each fishing logbook shall be sent within a period of 14 days after arrival
in any other port, and in any case within a period of 30 days after leaving the
Guinea-Bissau zone:

(a)
by letter sent to Guinea-Bissau;

(b)
or by fax, to the number given by Guinea-Bissau;

(c)
or by e-mail.

2.3         If Guinea-Bissau is able to
receive catch declarations by e-mail, the master shall send the fishing
logbooks to Guinea-Bissau at the e-mail address given by Guinea-Bissau.
Guinea-Bissau shall confirm receipt thereof immediately by return e-mail.

2.4         The master shall send a
copy of all the fishing logbooks to the EU. For tuna-fishing vessels and
surface longliners, the master shall also send a copy of all the fishing
logbooks to one of the following scientific institutes:

i.        Institut de recherche pour le
développement (IRD);

ii.       IEO (Instituto Español de
Oceanografía), or

iii.      INIAP (Instituto Nacional de
investigação agrária e das Pescas).

2.5         The return of the vessel
into the zone of Guinea-Bissau within the period of validity of its fishing
authorisation shall give rise to further activity and catch reporting.

2.6         In case of non-compliance
with the provisions in this chapter, Guinea-Bissau may suspend the fishing
authorisation of the vessel concerned until the missing catch reports are
obtained and penalise the vessel owner in accordance with the relevant
provisions under the national legislation in force. If the offence is repeated,
Guinea-Bissau may refuse to renew the fishing authorisation. Guinea-Bissau
shall inform the EU immediately of any penalty applied in this context.

3.           Transition to an
electronic system

From 1 January 2013 onwards, the EU
vessels shall record the data on fishing operations conducted under the
Agreement and communicate them to Guinea-Bissau electronically, in line with
the provisions in the Appendix to this Annex.

4.           Final statement of
fees for tuna-fishing vessels and surface longliners

4.1         For each tuna-fishing
vessel and surface longliner, the EU shall draw up, on the basis of its catch
reporting confirmed by the above scientific institutes, a final statement of
the fees owed by the vessel in respect of its annual season for the previous
calendar year.

4.2         The EU shall send this
final statement to Guinea-Bissau and to the vessel owner before 15 June of the
year following the year in which the catches were made.

4.3         Where the final statement
is greater than the flat-rate fee paid to obtain the fishing authorisation, the
vessel owner shall pay the outstanding balance to Guinea-Bissau without delay.
Where the final statement is less than the flat-rate fee, the remaining amount
may not be reclaimed by the vessel owner.

CHAPTER V

Landings and transhipments

1.           The master of an EU vessel
wishing to land in a Guinea-Bissau port, or to tranship catch from the
Guinea-Bissau zone, must notify Guinea-Bissau of the following, at least 24
hours before the landing or transhipment:

(a)
the name of the fishing vessel which must land
or tranship;

(b)
the port of landing or transhipment;

(c)
the date and time scheduled for the landing or
transhipment;

(d)
the quantity (expressed in kilograms of live
weight or, if necessary, the number of individual fish) of each species to be
landed or transhipped (identified by its FAO alpha 3 code);

(e)
in the case of transhipment, the name of the
receiving vessel.

2.           In the case of
transhipment, the master must ensure that the receiving vessel has an authorisation
issued by the authorities competent for such an operation.

3.           The transhipment operation
must be carried out within a Guinea-Bissau port. Transhipment at sea is
prohibited.

4.           Non-compliance with these
provisions shall lead to the application of the relevant penalties provided for
under Guinea-Bissau's legislation.

CHAPTER VI

Satellite-based vessel monitoring system (VMS)

1.           Vessel position
messages – VMS system

1.1         While they are in the
Guinea-Bissau zone, EU vessels holding a fishing authorisation must be equipped
with a satellite monitoring system (Vessel Monitoring System – VMS) to enable
automatic and continuous communication of their position, at all times, to the
fisheries monitoring centre (FMC) of their flag State.

1.2         Each position message must

i.             include:

(a)
the vessel identification

(b)
the most recent geographical position of the
vessel (longitude, latitude), with a position error of less than 500 metres,
and with a confidence interval of 99%

(c)
the date and time the position is recorded

(d)
the speed and the course of the vessel

ii.            be configured in
accordance with the format set out in the Appendix.

1.3         The position recorded after
entry into the Guinea-Bissau zone shall be identified by the code 'ENT'. All
subsequent positions shall be identified by the code 'POS', with the exception
of the first position recorded after departure from the Guinea-Bissau zone,
which shall be identified by the code 'EXI'.

1.4         The FMC of the flag State
shall ensure the automatic processing and, if necessary, the electronic
transmission of the position messages. The position messages shall be recorded
in a secure manner and kept for a period of three years.

2.           Transmission by the
vessel in the event of breakdown of the VMS system

2.1         The master shall ensure at
all times that the VMS system of his vessel is fully operational and that the
position messages are correctly transmitted to the FMC of the flag State.

2.2         In the event of breakdown,
the VMS system of the vessel shall be repaired or replaced within one month. If
it is not repaired within that time, the vessel shall no longer be authorised
to fish in the Guinea-Bissau zone.

2.3         Vessels fishing in the
Guinea-Bissau zone with a defective VMS system must communicate their position
messages by e-mail, radio or fax to the FMC of the flag State, at least every
four hours, and must provide all the information stipulated in paragraph 1.2.

3.           Secure communication
of position messages to the Guinea-Bissau FMC

3.1         As soon as Guinea-Bissau
has established an operational FMC, the FMC of the flag State shall
automatically send the position messages of the relevant vessels to the
Guinea-Bissau FMC. The FMC of the flag State and the FMC of Guinea-Bissau shall
exchange their contact e-mail addresses and inform each other immediately of
any change to these addresses.

3.2         The transmission of
position messages between the FMCs of the flag State and Guinea-Bissau shall be
carried out electronically using a secure communication system.

3.3         The FMC of Guinea-Bissau
and the FMC of the flag State shall inform each other immediately of any
interruption in the receiving of consecutive position messages from a vessel
holding a fishing authorisation, where the vessel concerned has not notified
its departure from the zone.

4.           Malfunction of the
communication system

4.1         Guinea-Bissau shall ensure
the compatibility of its electronic equipment with that of the FMC of the flag
State and inform the EU immediately of any malfunction as regards the
communication and receiving of position messages with a view to finding a
technical solution as soon as possible. The Joint Committee shall deal with any
possible dispute arising.

4.2         The master shall be
considered to be responsible for any proven manipulation of a vessel’s VMS
system aimed at disturbing its operation or falsifying its position messages.
Any infringement shall be subject to the penalties provided for by the
Guinea-Bissau legislation in force.

5.           Revision of the
frequency of position messages

5.1         On the basis of documentary
evidence proving an infringement, Guinea-Bissau may ask the FMC of the flag
State, copying in the EU, to reduce the interval for sending position messages
from a vessel to every thirty minutes for a set period of investigation. This
documentary evidence must be sent by Guinea-Bissau to the FMC of the flag State
and to the EU. The FMC of the flag State shall immediately send the position
messages to Guinea-Bissau at the reduced frequency. The FMC of Guinea-Bissau
shall immediately notify the FMC of the flag State and the EU of the end of the
investigation procedure.

5.2         At the end of the
investigation period, Guinea-Bissau shall inform the FMC of the flag State and
the EU of any monitoring which is required.

CHAPTER VII

Check

1.           Entering and leaving
the zone

1.1         Any entry into or departure
from the Guinea-Bissau fishing zone by an EU vessel holding a fishing
authorisation must be notified to Guinea-Bissau within 24 hours of the entry or
departure. This period is reduced to 6 hours for tuna-fishing vessels and
surface longliners.

1.2         When notifying its entry or
departure, the vessel shall notify in particular:

i.        the date, time and point of passage
scheduled

ii.       the quantity of each species held on
board, as identified by its FAO alpha 3 code and expressed in kilograms of live
weight or, if necessary, the number of individual fish

iii.      the product presentation.

1.3         Notification shall be given
preferably by e-mail or, failing that, by fax or radio, to an e-mail address, a
telephone number or a frequency communicated by Guinea-Bissau. Guinea-Bissau
shall immediately inform the vessels concerned and the EU of any change to the
e-mail addresses, telephone number or transmission frequency.

1.4         Any vessel found to be
fishing in the Guinea-Bissau fishing zone without having previously notified
its presence shall be considered to be an unauthorised fishing vessel.

2.           Inspections

2.1         Masters of EU fishing
vessels engaged in fishing activities in Guinea-Bissau waters shall allow and
facilitate boarding and the discharge of their duties by any authorised
Guinea-Bissau official responsible for the inspection of fishing activities.

2.2         These officials shall not
remain on board for longer than is necessary for the discharge of their duties.

2.3         Once the inspection has
been completed, an official control report shall be issued to the master of the
vessel.

CHAPTER VIII

Infringements

1.           Treatment of
infringements

1.1         Any infringement of the
provisions of this Annex by an EU vessel holding a fishing authorisation must
be referred to in an inspection report.

1.2         The signature of the
inspection report by the master shall be without prejudice to the vessel
owner's right of defence in respect of an infringement.

2.           Detention of a
vessel – information meeting

2.1         Where permitted under the
national legislation for the reported infringement, any EU vessel having
committed an infringement may be forced to cease its fishing activity and,
where the vessel is at sea, to return to a Guinea-Bissau port.

2.2         Guinea-Bissau shall notify
the EU within 48 hours of any detention of an EU vessel holding a fishing
authorisation. This notification shall be accompanied by documentary evidence
of the infringement.

2.3         Before taking any measure
against the vessel, the master, the crew or the cargo, with the exception of
measures aimed at protecting evidence, Guinea-Bissau shall organise, at the
request of the EU, within one working day of notification of the detention of
the vessel, an information meeting to clarify the facts which have led to the
vessel being detained and to explain what further action may be taken. A
representative of the flag State of the vessel may attend this information
meeting.

3.           Penalties for
infringements - Compromise procedure

3.1         The penalty for the
infringement shall be set by Guinea-Bissau according to the provisions of the
national legislation in force.

3.2         Where settling the
infringement involves legal proceedings, before these are launched, a
compromise procedure shall be undertaken between Guinea-Bissau and the EU to
determine the terms and level of the penalty. A representative of the flag
State of the vessel may participate in this compromise procedure. The
compromise procedure shall finish at the latest four days after the
notification of the detention of the vessel.

4.           Legal proceedings –
Bank security

4.1         If the compromise procedure
fails and the infringement is brought before the competent court, the owner of
the vessel which committed the infringement shall deposit a bank security at a
bank designated by Guinea-Bissau, the amount of which, as set by Guinea-Bissau,
covers the costs linked to the detention of the vessel, the estimated fine and
any compensation. The bank security may not be recovered until the legal
proceedings have been concluded.

4.2         The bank security shall be
released and returned to the vessel owner immediately after the judgment has
been given

(a)
in full, if no penalty has been imposed

(b)
for the amount of the remaining balance, if the
penalty is a fine which is lower than the amount of the bank security.

4.3         Guinea-Bissau shall inform
the EU of the outcome of the legal proceedings within eight days of the
judgement being given.

5.           Release of the
vessel

The vessel and its master shall be
authorised to leave the port once the penalty has been paid in a compromise
procedure, or once the bank security has been deposited.

CHAPTER IX

Signing-on of seamen

1.           Number of seamen to
sign on

1.1         While their fishing
authorisations are valid, each EU trawler shall sign on Guinea-Bissau seamen,
subject to the following limits:

i.        four seamen, for a capacity of less
than 250 GRT

ii.       five seamen, for a capacity of
between 250 and 400 GRT

iii.      six seamen, for a capacity of
between 400 and 650 GRT

iv.      seven seamen, for a capacity greater
than 650 GRT.

1.2         The owners of EU vessels
shall endeavour to sign on additional national seamen.

2.           Free choice of
seamen

2.1         Guinea-Bissau has an
indicative list of qualified seamen to be signed on for EU vessels.

2.2         The vessel owner, or their
consignee, may choose from this list the seamen to be signed on and shall
notify Guinea-Bissau of their inclusion in the crew.

3.           Contracts

3.1         The employment contract for
the seamen shall be drawn up by the vessel owner or its consignee and the
seaman, if necessary represented by his union, in liaison with Guinea-Bissau.
It shall stipulate in particular the date and port of signing on.

3.2         The contract shall
guarantee the seaman the social security cover applicable to him in
Guinea-Bissau. It shall include life assurance and sickness and accident
insurance.

3.3         A copy of the contract
shall be given to the signatories.

3.4         The basic working rights
laid down in the declaration of the International Labour Organisation (ILO)
shall be afforded to Guinea-Bissau seamen. This concerns in particular the
freedom of association and the effective recognition of the right to collective
bargaining, and the elimination of discrimination in respect of employment and
occupation.

4.           Seamen's wages

4.1         The wages of the
Guinea-Bissau seamen shall be paid by the vessel owner. They shall be set before
the fishing authorisation is issued and by mutual agreement between the vessel
owner or its consignee and Guinea-Bissau.

4.2         The wages shall not be
lower than those of crews on Guinea-Bissau vessels, nor below the ILO
standards.

5.           Seamen's obligations

The seamen shall report to the master of
the vessel to which they have been appointed the day before the signing-on date
stipulated in their contract. The master shall inform the seaman of the date
and time of signing on. If the seaman does not present himself at the date and
time stipulated for signing on, his contract shall be considered to be null and
void. He shall be replaced by another Guinea-Bissau seaman, without this
delaying the vessel's departure.

CHAPTER X

Observers

1.           Observation of
fishing activities

1.1         Vessels holding a fishing
authorisation shall be subject to a scheme for observing their fishing
activities carried out within the framework of the Agreement.

1.2         For tuna-fishing vessels
and surface longliners, the two Parties shall consult each other, and
interested countries, as soon as possible as regards the definition of a system
of regional observers and the choice of the competent regional fisheries
organisation.

1.3         Other vessels shall take on
board an observer appointed by Guinea-Bissau.

2.           Designated vessels
and observers

2.1         When the fishing
authorisation is issued, Guinea-Bissau shall inform the EU and the vessel
owner, or its consignee, of the designated vessels and observers and the times
at which the observer will be present on board each vessel. Guinea-Bissau shall
immediately inform the EU and the vessel owner or its consignee of any change
in the designated vessels and observers.

2.2         The observers shall not
spend more time on board the vessel than is necessary to carry out their
duties.

3.           Flat-rate financial
contribution

At the time the fee is paid, the vessel
owner shall pay Guinea-Bissau a flat-rate sum of EUR 6 000 per year
for each vessel, adapted pro rata temporis based on the duration of the
fishing authorisations of the designated vessels.

4.           Observer's salary

The salary and social contributions of the
observer shall be borne by Guinea-Bissau.

5.           Embarkation
conditions

5.1         The conditions under which
observers are taken on board shall be agreed between the vessel owner, or its
consignee, and Guinea-Bissau.

5.2         Observers shall be treated
as officers. However, receiving the observer on board shall take into account
the technical structure of the vessel.

5.3         The vessel owner shall bear
the costs of providing accommodation and food for the observer on board.

5.4         The master shall take all
the measures for which he is responsible to guarantee the physical safety and
general wellbeing of the observer.

5.5         Observers shall be offered
every facility needed to carry out their duties. They shall have access to
means of communication and to documents relating to the fishing activities of
the vessel, in particular the fishing logbook and navigation log, and the parts
of the vessel directly linked to their duties.

6.           Observer's
obligations

Whilst they are on board observers shall:

(a)
take all appropriate measures so as not to
interrupt or hinder fishing operations

(b)
respect on-board property and equipment

(c)
respect the confidential nature of any document
belonging to the vessel.

7.           Embarkation and
landing of observers

7.1         The observer shall embark
in a port chosen by the vessel owner.

7.2         The vessel owner or its
representative shall notify Guinea-Bissau, with a notice period of 10 days
before the embarkation, of the date, time and port of embarkation of the
observer. If the observer is embarked in a foreign country, their travel costs
to the port of embarkation shall be borne by the vessel owner.

7.3         Where the observer is not
disembarked in a Guinea-Bissau port, the vessel owner shall bear the costs of
repatriating the observer to Guinea-Bissau as soon as possible.

8.           Observer's
obligations

The observer shall carry out the
following duties:

(a)
observe the fishing activities of the vessel

(b)
verify the position of the vessel during
fisheries operations

(c)
perform operations in the context of scientific
programmes, including biological sampling

(d)
note the fishing gear used

(e)
verify the catch data for catches in the Guinea
Bissau zone recorded in the logbook

(f)
verify the percentages of bycatches on the basis
of that defined in the datasheets for each category and estimate the discarded
catches

(g)
report his observations at least once a week by
radio, including the quantity of catches and by-catches on board.

9.           Observer's report

9.1         Before leaving the vessel,
the observer shall submit a report of his observations to the master of the
vessel. The master of the vessel shall have the right to make comments in the
observer's report. The report shall be signed by the observer and the master.
The master shall receive a copy of the observer's report.

9.2         The observer shall submit
his report to Guinea-Bissau. The data on the catches and discards shall be sent
to the scientific institute (CIPA) in Guinea-Bissau, which, after processing
and analysing them, will present them to the Joint Scientific Committee.

Appendices

1 - Application form for a fishing licence

2 - Statistics on catch and fishing effort

3 - Tuna vessels fishing logbook

4 – Electronic communication of fishing
operations

5 - Communication of VMS messages to Guinea-Bissau

6 – Technical sheets by category

Appendix
1

APPLICATION FORM

FOR A

FISHING LICENCE

For official use only || Remarks

Nationality............................................ Licence number: ..................................... Date of signing: .................................... Date of issue: ....................................... || ........................................................ ........................................................ ........................................................ .........................................................

APPLICANT

Name of firm:...........................................................................................................................................................................

Trade register No:..................................................................................................................................................................

First name and
surname of applicant:.................................................................................................................................

Place and date of
birth:..........................................................................................................................................................

Occupation:.............................................................................................................................................................................

Address:..................................................................................................................................................................................

..................................................................................................................................................................................................

Number of
employees:...........................................................................................................................................................

Name and address
of agent:.................................................................................................................................................

VESSEL

Type of vessel:.................................................................. Registration
No:.......................................................................

New name:.......................................................................... Former
name:............................................................................

Date and place of
construction:...........................................................................................................................................

Original
nationality:...............................................................................................................................................................

Length:................................................... Width:........................................................... Depth:............................................

Gross tonnage:...................................... Net
tonnage:.................................................

Type of building
material:.....................................................................................................................................................

Make of main
engine:.............................................. Type:................................. Engine
power:........................................

Propeller:                     Fixed:       ̈                  Variable:        ̈                     Ducted:      ̈

Speed:......................................................................................................................................................................................

Call sign:............................................................................. Frequency:................................................................................

List of sounding,
navigation and transmission instruments:

Radar:      ̈            Sonar:      ̈            Net sounder:          ̈

VHF:        ̈            BLU :       ̈            Satellite navigation:          ̈                                  Other:......................................

Number of crew:.....................................................................................................................................................................

CONSERVATION

Ice:              ̈                           Ice and
refrigeration:          ̈

Freezing: in
brine:                          ̈                               dry:          ̈                        in refrigerated sea
water:        ̈

Total
refrigeration power:.....................................................................................................................................................

Freezing capacity
in tonnes/24 hours:................................................................................................................................

Hold capacity:.........................................................................................................................................................................

TYPE OF FISHING

A.            Demersal

Inshore
demersal:           ̈                               Deep-sea
demersal:           ̈

Type
of trawl:

cephalopod:              ̈                                     shrimp:                ̈                                     fin-fish:             ̈

Length
of trawl:........................................................ Length of
headline:...........................................................

Mesh
size in codend:.............................................................................................................................................

Size
of mesh in the wings:.....................................................................................................................................

Trawling
speed:......................................................................................................................................................

B.            Deep-sea
pelagic (tuna)

Pole
and line:      ̈                                  Number of
poles and lines:                ̈

Seine:                   ̈                                  Length of
net:..................................... Depth of net:..........................

Number
of tanks:.................................................................. Capacity
(tonnes):................................................

C.            Longlines
and pots

Surface:               ̈                                  Bottom:            ̈

Length
of line:....................................................................... Number
of hooks:.................................................

Number
of lines:......................................................................................................................................................

Number
of pots:......................................................................................................................................................

SHORE
INSTALLATIONS

Address and
authorisation No:...........................................................................................................................................

..................................................................................................................................................................................................

Name of firm:...........................................................................................................................................................................

Activities:................................................................................................................................................................................

Domestic wholesale
fish trade:                                          ̈                           export:       ̈

Type and No of
wholesale trader's card:............................................................................................................................

Description of
processing and conservation plant:

..................................................................................................................................................................................................

..................................................................................................................................................................................................

..................................................................................................................................................................................................

..................................................................................................................................................................................................

..................................................................................................................................................................................................

Number of
employees:...........................................................................................................................................................

N.B. Indicate
affirmative answers by a tick in the appropriate box.

Technical remarks

Authorisation of the State ministry

Appendix
2

FISHERIES MINISTRY                                                                        STATISTICS
ON CATCH AND EFFORT                                      Month:                                                                                                                 Year:

Name of vessel: || || || Engine power: || || || Fishing method: ||

Nationality: || || || Gross tonnage (t): || || || Port of landing: ||

Date || Fishing zone || Number of hauls || Number of hours fishing || Species of fish

Longitude || Latitude || || || || || || || || Totals

1/ || || || || || || || || || || || ||

2/ || || || || || || || || || || || ||

3/ || || || || || || || || || || || ||

4/ || || || || || || || || || || || ||

5/ || || || || || || || || || || || ||

6/ || || || || || || || || || || || ||

7/ || || || || || || || || || || || ||

8/ || || || || || || || || || || || ||

9/ || || || || || || || || || || || ||

10/ || || || || || || || || || || || ||

11/ || || || || || || || || || || || ||

12/ || || || || || || || || || || || ||

13/ || || || || || || || || || || || ||

14/ || || || || || || || || || || || ||

15/ || || || || || || || || || || || ||

16/ || || || || || || || || || || || ||

17/ || || || || || || || || || || || ||

18/ || || || || || || || || || || || ||

19/ || || || || || || || || || || || ||

20/ || || || || || || || || || || || ||

21/ || || || || || || || || || || || ||

22/ || || || || || || || || || || || ||

23/ || || || || || || || || || || || ||

24/ || || || || || || || || || || || ||

25/ || || || || || || || || || || || ||

26/ || || || || || || || || || || || ||

27/ || || || || || || || || || || || ||

28/ || || || || || || || || || || || ||

29/ || || || || || || || || || || || ||

30/ || || || || || || || || || || || ||

TOTAL || || || || || || || || || ||

Appendix 3 || Fishing method ||   ||

TUNA VESSELS FISHING LOGBOOK || || Longline || || ||

|| || || || || || || || || || || || || || || || || || || || || || || || || || Purse seine || ||

Name of vessel:................................................... Flag country:.......................................................... Registration No:.................................................................. Vessel owner:............................................................ Address:........................................................................................................................................ || Gross tonnage:............................................ Capacity (TM):............................................ Master: ................................................ No of crew: .................... Reporting date: ........................................ Reported by: ........................................ || || || Month || Day || Year || Port || || || Trawl || || || || ||

Vessel departed: || || || || || || || || || Other || || || || ||

Vessel returned: || || || || || || || || || || || || || || ||

|| || || || || || || || || || || || || || || ||

No of days at sea: || || ......... || No of fishing days: No of sets made: || ................ .................. || Trip number: || || .................................... ||

|| || ||

|| || || || || || || || || || || || || || || || || || || || || || || || || || || || || || ||

Date || Sector || || || Catches || Bait used ||

Day/ Month || Set No || Latitude N/S || Longitude E/W || Surface water temp (°C) || Fishing effort No of hooks used ||  Bluefin tuna Thunnus maccoyii || Yellowfin tuna Thunnus albacares || Bigeye tuna Thunnus obesus || Albacore Thunnus alalunga || Swordfish Xiphias gladius || Strip marlin Tetrapturus audax || Black marlin Makaira indica || Sailfish Istiophorus spp. || Skipjack Katsuwonus pelamis || Miscellaneous fish || Daily total || Saury || Squid || Live bait || Other: ||

|| || || || || || Number || kg || Number || kg || Number || kg || Number || kg || Number || kg || Number || kg || Number || kg || Number || kg || Number || kg || Number || kg || Number || kg || || || ||

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Landing weight (in kg) || || || || || || || || || || || || || || || || || || || || || || || || || ||

Appendix 4

Electronic communication of fishing operations

Electronic
recording and communication systems

1. Every EU vessel
fishing under this Protocol must be equipped with a working electronic
recording and communication system, hereinafter referred to as an ERS system
(ERS - Electronic Reporting System), capable of recording and transmitting the
data on the fishing activities, hereinafter referred to as ERS data, throughout
the period the vessel is in Guinea-Bissau waters. A European vessel that is not
equipped with an ERS system, or whose ERS system is not working, is not
authorised to begin a fishing operation in Guinea-Bissau waters.

2. The flag Member State and Guinea-Bissau shall both ensure that their
national fisheries monitoring centres (FMC) are equipped with the necessary IT
equipment and software for automatically transmitting the ERS data in the XML
format available on http://ec.europa.eu/cfp/control/codes/index_en.htm
and saving the ERS data for at least [3] years. Any amendment or update of the
format must be identified and dated and enter into force after a 6-month
period.

3. The ERS data
shall be transmitted using the electronic means of communication operated by
the European Commission on behalf of the EU.

4. The Parties
shall ensure that the ERS data are registered sequentially.

5. The flag Member
State and Guinea-Bissau shall ensure that their FMCs exchange the relevant
names, e-mail addresses and telephone and fax numbers. Any later changes to
this data shall be communicated without delay.

Transmission of
ERS data

6. All EU vessels
fishing under this Protocol:

(a)
shall keep an electronic logbook for each day
they are in Guinea-Bissau waters. Each species shall be identified by its FAO
alpha 3 code, in kilograms of live weight or, if necessary, the number of
individual fish;

(b)
shall communicate the quantities held onboard
for each of the species identified on the fishing authorisation, on each entry
into and departure from Guinea-Bissau waters, the provisions of Chapter VII
notwithstanding;

(c)
shall record the catches made in Guinea-Bissau
waters by species and for each haul, identifying the quantities caught and the
discarded catches. For the species identified on the fishing authorisation, the
master must also indicate the absence of catches;

(d)
shall record by species the quantities
transhipped and/or unloaded, notwithstanding the provisions of Chapter V;

(e)
shall send the ERS data electronically to the
FMC of its flag State before 23:59 UTC.

7. The master
shall be responsible for the accuracy of the ERS data recorded and sent.

8. The flag State
shall ensure that its FMC sends the ERS data to the Guinea-Bissau FMC
immediately in accordance with the procedures and format indicated in paragraph
2.

9. The
Guinea-Bissau FMC:

a.
shall process all the ERS data in a confidential manner;

b.
shall send the ERS data to the FMC of the vessel's flag State within 48 hours
of each transhipment and/or unloading operation.

Technical
failure

10. The flag State of an EU vessel shall ensure
that the master, the owner, or his representative, is informed immediately of
any technical failure of the ERS system installed on his vessel.

11. In the event
of a technical failure of the ERS system, the master and/or the owner shall
ensure that the ERS system is repaired or replaced within a period of [one
month] of the breakdown.

12. Every EU
vessel fishing with a defective ERS system shall send the ERS data to the FMC
of its flag State each day before 23:59 UTC by any other available
electronic means of communication.

Non-receipt of
ERS data

13. The Guinea-Bissau FMC shall notify the FMC
of the competent flag State and the EU without delay of any interruption in the
transmission of ERS data from an EU vessel fishing under this Protocol.

14. Following receipt of this notification, the
FMC of the flag State shall immediately identify the reasons for which the ERS
data could not be sent and take the appropriate measures to resolve the
problem. The FMC of the flag State shall
immediately inform the FMC of Guinea-Bissau and the EU of the causes identified
and the corresponding corrective measures.

15. The missing ERS data shall be sent by the
FMC of the flag State to the FMC of Guinea-Bissau without delay.

16. In the event of the FMC of Guinea-Bissau
not working, the European Union shall send Guinea-Bissau the aggregate ERS data
of the European vessels which had been fishing in its waters, on a monthly
basis.

Appendix
5

Communication of VMS messages to Guinea-Bissau

Data Element || Field code || Compulsory/Optional || Remarks

Start record || SR || C || System detail; indicates start of record

Address || AD || C || Message detail; destination Party Alfa-3 ISO country code

From || FR || C || Message detail; sending Party Alfa-3 ISO country code

Record number || RN || O || Message detail; serial number of the record for the relevant year

Record date || RD || O || Message detail; date of transmission

Record time || RT || O || Message detail; time of transmission

Type of message || TM || C || Message detail; message type: 'ENT', 'POS' or 'EXI'

Name of the vessel || NA || O || Name of the vessel

External registration number || XR || O || Vessel detail; the side number of the vessel

Radio call sign || RC || C || Vessel detail; international radio call sign of the vessel

Name of master || MA || C || Name of the master of vessel

Internal reference number || IR || C || Vessel detail; Unique Party vessel number as Alfa-3 ISO flag country code followed by number

Latitude || LT || C || Position detail; position ± 99.999 (WGS-84)

Longitude || LG || C || Position detail; position ±999.999 (WGS-84)

Speed || SP || C || Position detail; vessel speed in tens of knots

Course || CO || C || Position detail; vessel course 360° scale

Date || DA || C || Position detail; UTC date of position (YYYYMMDD)

Time || TI || C || Position detail; UTC time of position (HHMM)

End of record || ER || C || System detail; indicates end of record

Format details

Each data transmission is structured as
follows:

- a double slash (//) and the characters
'SR' indicate the start of a message,

- a double slash (//) and field code
indicates the start of a data element,

- a single slash (/) separates the field
code and the data,

- a space separates pairs of data,

- the characters 'ER' and a double slash
(//) indicate the end of a record.

Appendix
6

DATASHEET No 1 – FISHING CATEGORY 1: FREEZER, FIN-FISH AND CEPHALOPOD TRAWLERS

1.           Fishing zone

Beyond 12 nautical miles from the base line, including the Guinea-Bissau/Senegal joint management area, extending north to the azimuth 268°.

2.           Authorised gear

2.1              Standard otter trawls and other selective gear are authorised. 2.2              Outriggers are authorised. 2.3              In the case of all fishing gear, no methods or devices may be used to seek to obstruct the mesh of the nets or reduce their selective effect. However, in the interests of reducing wear or damage, protective aprons of netting or other material may be attached, but only to the underside of the codend of a bottom trawl. Such aprons must be attached only to the forward and lateral edges of the codend of the trawl. Protective devices may be used for the top of the trawl, but these must consist of a single section of net of the same material as the codend, with the mesh measuring at least 300 millimetres when stretched out. 2.4         Doubling of the codend’s netting yarn, whether single or multiple, shall be prohibited.

3.           Minimum authorised mesh

70mm

4.           By-catches

In accordance with Guinea-Bissau law: 4.1              Fin-fish trawlers may not hold on board crustaceans or cephalopods accounting for more than 9 % of their total catch in Guinea-Bissau's fishing zone at the end of a trip. 4.2              Cephalopod trawlers may not hold on board crustaceans accounting for more than 9 % of their total catch in Guinea-Bissau's fishing zone at the end of a trip. 4.3              Where these percentages exceed the authorised by-catches, penalties shall be imposed in accordance with Guinea-Bissau law. 4.4         The two Parties shall consult within the Joint Committee to adjust the authorised rate on the basis of a recommendation from the Joint Scientific Committee.

5.           Authorised tonnage/fees

5.1              Authorised tonnage (GRT) || 3 500 GRT per year

5.2              Fees in EUR per GRT || EUR 256 per GRT per year In the case of three-month and six-month licences, the fees shall be calculated on a pro rata temporis basis according to the length of time, plus [4] % and [2.5] % respectively.

DATASHEET No 2 - FISHING CATEGORY 2: SHRIMP TRAWLERS

1.           Fishing zone

Beyond 12 nautical miles from the base line, including the Guinea-Bissau/Senegal joint management area, extending north to the azimuth 268°.

2.           Authorised gear

2.1             Standard otter trawls and other selective gear are authorised. 2.2              Outriggers are authorised. 2.3              In the case of all fishing gear, no methods or devices may be used to seek to obstruct the mesh of the nets or reduce their selective effect. However, in the interests of reducing wear or damage, protective aprons of netting or other material may be attached, but only to the underside of the codend of a bottom trawl. Such aprons must be attached only to the forward and lateral edges of the codend of the trawl. Protective devices may be used for the top of the trawl, but these must consist of a single section of net of the same material as the codend, with the mesh measuring at least 300 millimetres when stretched out. 2.4           Doubling of the codend’s netting yarn, whether single or multiple, shall be prohibited.

3.           Minimum authorised mesh

50mm.

4.           By-catches

In accordance with Guinea-Bissau law: 4.1              Shrimp trawlers may not hold on board fish and cephalopods accounting for more than 50 % of their total catch in Guinea-Bissau's fishing zone at the end of a trip. 4.2              Where these percentages exceed the authorised by-catches, penalties shall be imposed in accordance with Guinea-Bissau law. 4.3           The two Parties shall consult within the Joint Committee to adjust the authorised rate on the basis of a recommendation from the Joint Scientific Committee.

5.           Authorised tonnage/fees

5.1              Authorised tonnage (GRT) || 3 700 GRT per year

5.2              Fees in EUR per GRT || EUR 344 per GRT per year In the case of three-month and six-month licences, the fees shall be calculated on a pro rata temporis basis according to the length of time, plus [4] % and [2.5] % respectively.

DATASHEET No 3 – FISHING CATEGORY 3: POLE-AND-LINE TUNA VESSELS

1.           Fishing zone:

1.1              Beyond 12 nautical miles from the base line, including the Guinea-Bissau/Senegal joint management area, extending north to the azimuth 268°. 1.2              Pole-and-line tuna vessels shall be authorised to fish for live bait with a view to carrying out their fishing activities in Guinea-Bissau’s fishing zone.

2.           Authorised gear:

2.1              Poles and lines 2.2              Purse seines with live bait: 16 mm

3.           By-catches:

3.1              In accordance with the Convention on Migratory Species (CMS) and with the ICCAT resolutions, fishing for the basking shark (Cetorhinus maximus), white shark (Carcharodon carcharias), bigeye thresher shark (Alopias superciliosus), hammerhead sharks in the Sphyrnidae family (with the exception of the bonnethead shark), oceanic whitetip shark (Carcharhinus longimanus) and the silky shark (Carcharhinus falciformis) is not allowed. Fishing for the sandtiger shark (Carcharias taurus) and the tope shark (Galeorhinus galeus) is not allowed. 3.2              The two Parties shall consult within the Joint Committee to update this list on the basis of scientific recommendations.

4.           Authorised tonnage/Fees:

4.1              Additional fee per tonne fished || EUR 25 per tonne

4.2              Annual flat-rate fee: || EUR 550 for 22 tonnes per vessel

4.3              Number of vessels authorised to fish || 12 vessels

DATASHEET No 4 - FISHING CATEGORY 4: FREEZER TUNA SEINERS AND LONGLINERS

1.             Fishing zone:

Beyond 12 nautical miles from the base line, including the Guinea-Bissau/Senegal joint management area, extending north to the azimuth 268°.

2.           Authorised gear:

Seine and surface longline.

3.           By-catches:

In accordance with the Convention on Migratory Species (CMS) and with the ICCAT resolutions, fishing for the basking shark (Cetorhinus maximus), white shark (Carcharodon carcharias), bigeye thresher shark (Alopias superciliosus), hammerhead sharks in the Sphyrnidae family (with the exception of the bonnethead shark), oceanic whitetip shark (Carcharhinus longimanus) and the silky shark (Carcharhinus falciformis) is not allowed. Fishing for the sandtiger shark (Carcharias taurus) and the tope shark (Galeorhinus galeus) is not allowed. The two Parties shall consult within the Joint Committee to update this list on the basis of scientific recommendations.

4.           Authorised tonnage/fees

4.1              Additional fee per tonne caught || EUR 35 per tonne

4.2              Annual flat-rate fee: || EUR 3 500 for 100 tonnes per vessel

4.3              Number of vessels authorised to fish || 28 vessels

Concept of
trip:

For the purposes
of this Appendix, the duration of a trip by a European vessel shall be defined
as follows:

- the period
elapsing between entering and leaving Guinea-Bissau’s fishing zone, or

- the period
elapsing between entering the Guinea-Bissau fishing zone and a transhipment, or

- the period
elapsing between entering the Guinea-Bissau fishing zone and a landing in
Guinea-Bissau.

[1]               Adopted by the Agriculture and Fisheries Council on
20 October 2011.

[2]               OJ L 75, 18.3.2008, p. 49.