# EUR-Lex - 22009A0619(03) - EN

Important legal notice

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# 22009A0619(03)

**Protocol setting out the fishing opportunities and financial contribution provided for in the Agreement between the European Community and the Republic of Guinea on fishing off the coast of Guinea for the period from 1 January 2009 to 31 December 2012 **

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Official Journal L 156 , 19/06/2009 P. 0040 - 0055 *

PROTOCOL

setting out the fishing opportunities and financial contribution provided for in the Agreement between the European Community and the Republic of Guinea on fishing off the coast of Guinea for the period from 1 January 2009 to 31 December 2012

Article 1

Period of application and fishing opportunities

1. For a period of four years from 1 January 2009, the fishing opportunities granted under Article 5 of the Agreement shall be, for highly migratory species (species listed in Annex 1 to the 1982 United Nations Convention) as follows:

- freezer tuna seiners: 28 vessels,

- pole-and-line vessels: 12 vessels.

2. From the second year of application of this Protocol and following the joint evaluation of the state of shrimp stocks and the management of Guinean fisheries in this category, fishing opportunities for shrimp trawlers, at a rate of 800 grt per quarter, may be granted on an annual basis on the following conditions:

- implementation of transparent management of access to the shrimp fishery and, in particular, of the fishing effort deployed by national and foreign fleets on this species. To this end, Guinea shall transmit annually, by 31 October of each year, a summary table of the fishing effort on this species in Guinean waters,

- implementation of a surveillance, monitoring and control plan in Guinean waters,

- scientific analysis of the state of the resource and results of scientific surveys, which shall be communicated annually at the same time as the information on the fishing effort.

The conditions governing fishing for this category shall be defined by mutual agreement each year prior to the issue of the fishing authorisations and in any event prior to the payment of the additional annual financial contribution in proportion to the increase in fishing opportunities provided for in Article 2 of this Protocol.

3. Paragraphs 1 and 2 shall apply subject to Articles 4 and 5 of this Protocol.

4. Vessels flying the flag of a Member State of the European Community may engage in fishing activities in Guinea’s fishing zone only if they are in possession of a valid fishing authorisation issued by Guinea under this Protocol in accordance with the Annex hereto.

Article 2

Financial contribution — Methods of payment

1. The financial contribution referred to in Article 7 of the Agreement shall comprise, for the period referred to in Article 1(1), an annual amount of EUR 325000 equivalent to a reference tonnage of 5000 tonnes per year and a specific amount of EUR 125000 per year for the support and implementation of Guinea’s sectoral fisheries policy. This specific amount shall form an integral part of the single financial contribution [1] defined in Article 7 of the Agreement.

If additional fishing opportunities are granted, in accordance with Article 1(2), the financial contribution referred to in Article 7 of the Agreement shall also comprise, for the period referred to in Article 1(2), an amount of up to EUR 300000 per year in proportion to the increase in fishing opportunities.

The amounts referred to above shall be supplemented by a specific Community contribution of EUR 600000 for the first year, EUR 400000 for the second year and EUR 300000 for the following years in order to reinforce the monitoring, control and surveillance system in Guinea’s fishing zones and enable Guinea to acquire a satellite surveillance system by 30 June 2010. This contribution shall be managed in accordance with Article 7 of this Protocol.

2. Paragraph 1 shall apply subject to Articles 4, 5, 6 and 7 of this Protocol.

3. The Community shall pay the total amount fixed in paragraph 1 (i.e. EUR 1050000 for the first year and, where appropriate, EUR 1150000 for the second year and EUR 1050000 for the following years) each year during the period of application of this Protocol [2]. These amounts shall not prejudice any changes in fishing opportunities or any inclusion of new fishing opportunities which may be decided in accordance with Articles 4 and 5 of this Protocol.

4. If the overall quantity of catches by Community vessels in Guinea’s fishing zones exceeds the reference tonnage, the amount of the annual financial contribution shall be increased by EUR 65 for each additional tonne caught. However, the total annual amount paid by the Community may not be more than twice the amount indicated in paragraph 3 (i.e. EUR 1050000 for the first year and, where appropriate, EUR 1150000 for the second year and EUR 1050000 for the following years). Where the quantities caught by Community vessels exceed the quantities corresponding to twice the total annual amount, the amount due for the quantity exceeding that limit shall be paid the following year.

5. Payment of the financial contribution laid down in paragraph 1 shall be made no later than 30 November 2009 in the first year and no later than 1 February in the following years.

6. Subject to Article 6, the allocation of these funds, except for the specific contribution provided for in the third subparagraph of Article 2(1) of this Protocol, shall be decided within the framework of the Guinean Finance Act and, this being the case, the Guinean authorities shall have full discretion regarding the use to which it is put.

7. The payments provided for in this Article shall be paid into a Public Treasury account opened at the Banque Centrale de la République de Guinée, the details of which shall be notified each year by the Ministry, except in the case of the specific contribution provided for in the third subparagraph of Article 2(1), which shall be paid directly into a Centre National de Surveillance et de Protection des Pêches account, and the first year following the adoption by the two Parties of the programming of these funds.

Article 3

Cooperation on responsible fishing — Scientific cooperation

1. The Parties hereby undertake to promote responsible fishing in Guinean waters on the basis of the principles of non-discrimination between the different fleets fishing in those waters.

2. During the period covered by this Protocol, the Community and the Guinean authorities shall endeavour to monitor the evolution of resources in Guinea’s fishing zone.

3. The Parties undertake to promote cooperation at subregional level on responsible fishing and, in particular, within the International Commission for the Conservation of Atlantic Tunas (ICCAT) and any other subregional or international organisation concerned.

4. In accordance with Article 4 of the Agreement and in the light of the best available scientific advice, the Parties shall consult each other within the Joint Committee provided for in Article 10 of the Agreement and adopt, where appropriate after a scientific meeting possibly at subregional level, and by mutual agreement, measures to ensure the sustainable management of fishery resources affecting the activities of Community vessels. Those measures shall take account of the recommendations and resolutions adopted within the International Commission for the Conservation of Atlantic Tunas (ICCAT).

Article 4

Review of fishing opportunities by mutual agreement

1. The fishing opportunities referred to in Article 1 may be increased by mutual agreement provided that the conclusions of the scientific meeting referred to in Article 3(4) of this Protocol confirm that such an increase will not endanger the sustainable management of Guinea’s resources. In this case the financial contribution referred to in Article 2(1) shall be increased proportionately and pro rata temporis.

2. Conversely, if the Parties agree to adopt a reduction in the fishing opportunities provided for in Article 1, the financial contribution shall be reduced proportionately and pro rata temporis.

3. The allocation of the fishing opportunities among different categories of vessels may also be reviewed, following consultations and by mutual agreement between the Parties, provided that any changes comply with recommendations made by the scientific meeting referred to in Article 3(4) of this Protocol regarding the management of stocks liable to be affected by such redistribution. The Parties shall agree on the corresponding adjustment of the financial contribution where the redistribution of fishing opportunities so warrants.

Article 5

Other fishing opportunities

1. Should Community vessels be interested in fishing activities which are not indicated in Article 1, the Community shall consult Guinea in order to seek authorisation for these new activities. Where appropriate, 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.

2. The Parties may carry out joint exploratory fishing surveys in Guinea’s fishing zones, subject to an opinion by the scientific meeting provided for in Article 3(4) of this Protocol. To this end, they shall hold consultations whenever one of the Parties so requests and determine, on a case-by-case basis, relevant new resources, conditions and other parameters.

3. The two Parties shall carry out exploratory fishing activities in accordance with scientific, administrative and financial parameters adopted by mutual agreement. The authorisations for exploratory fishing shall be granted for test purposes, for a maximum of two six-month trips, from the date decided by mutual agreement between the two Parties.

4. Where the Parties conclude that the exploratory surveys have produced positive results, while preserving ecosystems and conserving living marine resources, new fishing opportunities may be awarded to Community vessels following the consultation procedure provided for in Article 4 of this Protocol and until the expiry of the Protocol and in accordance with the allowable effort. The financial contribution shall be increased accordingly.

Article 6

Suspension and review of the payment of the financial contribution in the event of unusual circumstances

1. Where unusual circumstances, other than natural phenomena, prevent fishing activities in Guinea’s exclusive economic zone (EEZ), the European Community may suspend payment of the financial contribution provided for in Article 2(1) of this Protocol.

2. The suspension decision in the cases provided for in paragraph 1 above shall be taken following consultations between the two Parties within a period of two months following the request of one of the Parties, and provided that the Community has paid in full any amounts due at the time of suspension.

3. Payment of the financial contribution shall resume as soon as the Parties find, by mutual agreement following consultations, that the circumstances preventing fishing activities are no longer present and/or that the situation allows a resumption of fishing activities.

4. Where the validity of the fishing authorisations granted to Community vessels is suspended along with the payment of the financial contribution, it shall be extended by a period equal to the period during which fishing activities were suspended.

Article 7

Promotion of responsible fishing in Guinean waters

1. The entire amount of the financial contribution and specific contribution set in Article 2(1) of this Protocol shall be allocated each year to the support and implementation of initiatives taken in the context of the sectoral fisheries policy drawn up by the Government of Guinea and approved by the two Parties as detailed below.

Guinea shall manage the corresponding amount following the identification by mutual agreement between the two Parties, in accordance with the current priorities of Guinea’s fisheries policy for ensuring sustainable and responsible management of the sector, of the objectives to be attained and the annual and multiannual programming required to attain them, pursuant to paragraph 2 below, in particular as regards control and surveillance, the management of resources, improving the health and hygiene conditions of fishery products and strengthening the inspection capacity of the competent authorities.

2. On a proposal from Guinea and for the purposes of implementing the preceding paragraph, as soon as this Protocol enters into force and no later than three months after that date, the Community and Guinea shall agree, within the Joint Committee provided for in Article 10 of the Agreement, on a multiannual sectoral programme and detailed implementing rules covering, in particular:

(a) annual and multiannual guidelines for using the percentage of the financial contribution referred to in paragraph 1 above and its specific amounts for the initiatives to be carried out each year;

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

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

3. The two Parties agree, however, to place particular emphasis on all the support measures for fisheries monitoring, control and surveillance, including surveillance of Guinean waters by sea and by air, setting up a satellite-based vessel monitoring system (VMS) and improving the legal framework and its application in the event of infringements.

4. Any proposed amendments to the multiannual sectoral programme or to the use of the specific amounts for the initiatives to be carried out each year must be approved by both Parties within the Joint Committee.

5. Each year, Guinea shall allocate the share corresponding to the amounts referred to in paragraph 1 with a view to implementing the multiannual programme. For the first year of application of the Protocol, that allocation shall be notified to the Community as soon as possible and in any event before the multiannual sectoral programme is approved within the Joint Committee. For each year thereafter, Guinea shall notify the Community of the allocation no later than 31 January of the previous year.

6. Where the joint annual evaluation of the progress made in implementing the multiannual sectoral programme so warrants, the European Community may adjust the amount earmarked for the support and implementation of Guinea’s sectoral fisheries policy within the financial contribution referred to in Article 2(1) of this Protocol in order to bring the actual amount of financial resources allocated to implementation of the programme into line with its results.

7. The Community reserves the right to suspend payment of the specific contribution provided for in the third subparagraph of Article 2(1) of this Protocol where, save in exceptional and duly justified circumstances, the results obtained from the first year of application of the Protocol are found to be inconsistent with the programming following the evaluation carried out within the Joint Committee.

Article 8

Disputes — Suspension of application of the Protocol

1. Any dispute between the Parties over the interpretation of this Protocol or its application shall be the subject of consultations between the Parties within the Joint Committee provided for in Article 10 of the Agreement, in a special meeting if necessary.

2. Without prejudice to Article 9, application of the Protocol may be suspended at the initiative of one Party if the dispute between the two Parties is deemed to be serious and the consultations held within the Joint Committee under paragraph 1 have not resulted in an amicable settlement.

3. Suspension of application of the Protocol shall require the interested Party to notify its intention in writing at least three months before the date on which suspension is due to take effect.

4. In the event of suspension, the Parties shall continue to consult with a view to finding an amicable settlement to their dispute. As soon as an amicable 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 was suspended.

Article 9

Suspension of application of the Protocol on grounds of non-payment

Subject to Article 6, if the Community fails to make the payments provided for in Article 2, application of this Protocol may be suspended on the following terms:

(a) the competent Guinean authorities shall notify the European Commission of the non-payment. The latter shall perform the appropriate checks and, where necessary, transmit the payment within no more than 60 working days of the date of receipt of the notification;

(b) if no payment is made and non-payment is not adequately justified within the period provided for in Article 2(5) of this Protocol, the competent Guinean authorities shall be entitled to suspend application of the Protocol. They shall inform the European Commission of such action forthwith;

(c) application of the Protocol shall resume as soon as the payment concerned has been made.

Article 10

National law

The activities of Community fishing vessels operating in Guinean waters shall be governed by the applicable law in Guinea, unless otherwise provided for in the Agreement, this Protocol and the Annex and Appendices hereto.

Article 11

Review clause

1. In the event of significant changes in the policy guidelines which led to the conclusion of this Protocol, either Party may request a review of the provisions with a view to a possible amendment thereof.

2. The Party concerned shall notify the other Party in writing of its intention to launch a review of this Protocol.

3. No later than 60 days following notification, the two Parties shall enter into consultations to this end. If no agreement is reached on the review of the provisions, the Party concerned may terminate the Protocol in accordance with Article 14 thereof.

Article 12

Repeal

This Protocol and its Annexes repeal and replace the current fisheries Protocol and the framework Agreement between the European Economic Community and Guinea on fishing off the Guinean coast.

Article 13

Duration

This Protocol and the Annexes hereto shall apply for a period of four years from 1 January 2009, unless notice of termination is given in accordance with Article 14.

Article 14

Termination

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. Dispatch of the notification referred to in the previous paragraph shall open consultations by the Parties.

Article 15

Entry into force

1. 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.

2. They shall apply with effect from 1 January 2009.

[1] The contribution referred to in the first subparagraph of Article 1 shall be supplemented by the contributions provided for in Chapter II of this Annex, which are paid direct to Guinea and are estimated at EUR 118000 per year, exclusive of charges in connection with the surveillance and research contribution.

[2] These amounts shall be supplemented by the contributions provided for in Chapter II of this Annex, which are paid directly to Guinea and are estimated at EUR 118000 per year, exclusive of charges in connection with the surveillance and research contribution.

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ANNEX

Conditions governing tuna fishing by Community vessels in Guinea’s fishing zone

CHAPTER I

APPLICATION AND ISSUE FORMALITIES FOR FISHING AUTHORISATIONS

SECTION 1

Issue of fishing authorisations

1. Only eligible vessels may obtain an authorisation to fish in Guinea’s fishing zone.

2. For a vessel to be eligible, the shipowner, the skipper and the vessel itself must not be prohibited from fishing in Guinea. They must be in order vis-à-vis the Guinean authorities in so far as they must have fulfilled all prior obligations arising from their fishing activities in Guinea under fisheries agreements concluded with the Community, particularly as regards signing on seamen.

3. The relevant Community authorities shall submit (by electronic means) to the Ministry responsible for fisheries in Guinea an application for each vessel wishing to fish under the Agreement at least 30 working days before the date of commencement of the period of validity requested.

4. Applications shall be submitted to the Ministry responsible for fisheries on a form drawn up in accordance with the specimen in Appendix I. The Guinean authorities shall take all the necessary steps to ensure that the data received as part of the fishing authorisation application are treated as confidential. Those data shall be used exclusively in the context of the implementation of the Fisheries Agreement.

5. All fishing authorisation applications shall be accompanied by the following documents:

- proof of payment of the flat-rate advance for the period of validity of the fishing authorisation,

- any other documents or certificates required under the specific rules applicable to the type of vessel concerned pursuant to this Protocol.

6. The fee shall be paid into the account specified by the Guinean authorities in accordance with Article 2(7) of the Protocol.

7. The fees shall include all national and local charges with the exception of the charge in connection with the fishing surveillance contribution, the charge in connection with the fisheries research contribution and service charges. The surveillance and research charges shall be applicable in proportion to actual presence in Guinea’s fishing zone and shall be paid by operators when the final statement of fees is drawn up in accordance with Section 2 of this Annex.

At the request of Guinea, and pending the signature of a VMS Protocol with the Community, the latter shall provide Guinea with satellite data on the periods when vessels were present in the Guinean fishing zone with a view to calculating the charges payable by shipowners under the surveillance contribution.

8. Fishing authorisations for all vessels shall be issued to shipowners or their representatives via the European Commission Delegation to Guinea within 15 working days of receipt of all the documents referred to in point 5 above by the Ministry responsible for fisheries in Guinea.

9. Fishing authorisations shall be issued for a given vessel and shall not be transferable.

10. However, at the request of the European Community and where force majeure is proven, a vessel’s fishing authorisation shall be replaced by a new fishing authorisation for another vessel of the same category as the first vessel, as referred to in Article 1 of the Protocol, with no further fee due. In this case, the calculation of the catch levels to determine whether an additional payment should be made shall take account of the sum of the total catches of the two vessels.

11. The owner of the first vessel, or his or her representative, shall return the cancelled fishing authorisation to the Ministry responsible for fisheries in Guinea via the European Commission Delegation.

12. The new fishing authorisation shall take effect on the day that the shipowner returns the cancelled fishing authorisation to the Ministry responsible for fisheries in Guinea. The Delegation of the European Commission to Guinea shall be informed of the fishing authorisation transfer.

13. The fishing authorisation shall be kept on board at all times. The European Community shall keep an up-to-date draft list of the vessels for which a fishing authorisation has been requested under this Protocol. This draft shall be notified to the Guinean authorities as soon as it is drawn up, and then each time it is updated. On receipt of this draft list and of notification of payment of the advance sent to the coastal State authorities by the Commission, the vessel shall be entered by the competent Guinean authority on a list of vessels authorised to fish, which shall be notified to the authorities responsible for fisheries control. In this case, a certified copy of this list shall be sent to the shipowner and kept on board instead of the fishing authorisation until the authorisation has been issued.

14. The two Parties shall seek agreement for the purposes of promoting the introduction of a fishing authorisation system based exclusively on the electronic exchange of all the information and documents described above. The two Parties shall seek agreement for the purposes of promoting the rapid replacement of the paper fishing authorisation by an electronic equivalent such as the list of vessels authorised to fish in Guinea’s fishing zone.

15. The Parties, acting in the Joint Committee, undertake to replace all references to grt in this Protocol with gt and to adapt all the provisions affected thereby accordingly. This replacement shall be preceded by appropriate technical consultations between the Parties.

SECTION 2

Fishing authorisation conditions — Fees and advance payments

1. Fishing authorisations shall be valid for a period of one year. They shall be renewable.

2. The fee per tonne caught within Guinea’s fishing zone shall be EUR 35 in the case of tuna seiners and EUR 25 in the case of pole-and-line vessels.

3. Fishing authorisations shall be issued once the following standard amounts have been paid to the competent national authorities:

- EUR 4025 per tuna seiner, equivalent to the fees due for 115 tonnes per year,

- EUR 500 per pole-and-line vessel, equivalent to the fees due for 20 tonnes per year.

4. Member States shall inform the European Commission not later than 15 June each year of the tonnages caught during the past year, as confirmed by the scientific institutes referred to in point 5 below.

5. The final statement of the fees due for year n shall be drawn up by the European Commission by 31 July of year n + 1 at the latest on the basis of the catch declarations made by each shipowner and confirmed by the scientific institutes responsible for verifying catch data in the Member States, such as the Institut de Recherche pour le Développement (IRD), the Instituto Español de Oceanografía (IEO), the Instituto Português de Investigação Marítima (IPIMAR) and the Centre National des Sciences Halieutiques de Boussoura (CNSHB). It shall be sent via the Delegation of the European Commission.

6. This statement shall be sent simultaneously to the Ministry responsible for fisheries in Guinea and to the shipowners.

7. Any additional payments (for quantities caught in excess of 115 tonnes for tuna seiners and 20 tonnes for pole-and-line vessels) shall be made by the shipowners to the competent Guinean national authorities by 31 August of year n + 1, into the account referred to in point 6 of Section 1 of this Chapter, on the basis of EUR 35 per tonne for seiners and EUR 25 for pole-and-line vessels.

8. However, if the amount of the final statement is lower than the advance referred to in point 3 of this Section, the resulting balance shall not be reimbursable to the shipowner.

CHAPTER II

FISHING ZONES

Community vessels may carry out fishing activities in waters beyond 12 nautical miles from the base lines or, where appropriate, beyond the 20 m isobath in the case of tuna seiners and pole-and-line vessels.

CHAPTER III

CATCH REPORTING ARRANGEMENTS

1. For the purposes of this Annex, the duration of a trip by a Community vessel in Guinea’s fishing zone shall be defined as follows:

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

- the period elapsing between entering Guinea’s fishing zone and a transhipment and/or landing in Guinea.

2. All vessels authorised to fish in Guinean waters under the Agreement shall notify their catches to the Ministry responsible for fisheries in Guinea so that it can check the quantities caught, which shall be validated by the competent scientific institutes in accordance with the procedure referred to in point 5 of Section 2 of Chapter I of this Annex. Catches shall be notified as follows:

2.1. During an annual period of validity of the fishing authorisation within the meaning of Section 2 of Chapter I of this Annex, declarations shall include the catches made by the vessel during each trip. The original of the declarations shall be transmitted on a physical medium to the Ministry responsible for fisheries in Guinea within 45 days following the end of the last trip made during the period. These notifications shall also be made by fax (+ 224 30 41 36 60) or e-mail (cnspkaly@yahoo.fr).

2.2. Vessels shall declare their catches on the corresponding form in the logbook, in accordance with the specimen in Appendix 3. The words "Outside Guinea’s fishing zone" shall be entered in the logbook in respect of periods during which the vessel is not in Guinea’s fishing zone.

2.3. The forms shall be filled in legibly and signed by the skipper of the vessel or by his or her legal representative.

2.4. Catch declarations shall be reliable in order to contribute to the monitoring of the evolution of stocks.

3. Where the provisions set out in this Chapter are not complied with, the Guinean Government reserves the right to suspend the fishing authorisation of the offending vessel until formalities have been completed and to apply the penalty laid down in current Guinean legislation to the shipowner. The European Commission and the flag Member State shall be informed thereof.

4. The two Parties shall seek agreement for the purposes of promoting a catch reporting system based exclusively on the electronic exchange of all the information and documents described above. The two Parties shall seek agreement for the purposes of promoting the rapid replacement of the written declaration (logbook) by an equivalent in the form of an electronic file.

CHAPTER IV

TRANSHIPMENT AND LANDINGS

The two Parties shall cooperate with a view to improving landing or transhipment options in the ports of the Republic of Guinea.

1. Landings

Community tuna vessels which opt to land their catches in a Guinean port shall benefit from a reduction of EUR 5 per tonne fished in Guinea’s fishing zone in the fee indicated in point 2 of Section 2 of Chapter 1 of this Annex.

An additional reduction of EUR 5 shall be granted where fisheries products are sold to a processing factory in Guinea.

This mechanism shall apply, for all Community vessels, up to a maximum of 50 % of the final statement of catches (as defined in Chapter III of the Annex) from the first year of this Protocol.

2. Detailed rules on checks on the tonnages landed or transhipped shall be laid down at the first meeting of the Joint Committee.

3. Evaluation

The level of the financial incentives and the maximum percentage of the final statement of catches shall be adjusted within the Joint Committee, in accordance with the socioeconomic impact of landings in the year concerned.

CHAPTER V

EMBARKING SEAMEN

1. Shipowners shall undertake to employ, for the tuna-fishing season in Guinea’s fishing zone, at least 20 % of seamen of ACP origin, giving priority to Guinean seamen. Where those provisions are not complied with, the shipowners concerned may be considered by Guinea not to be eligible for a fishing authorisation under Section 1 of Chapter 1 of this Annex.

2. Shipowners shall endeavour to take on board additional Guinean seamen.

3. The International Labour Organisation (ILO) Declaration on Fundamental Principles and Rights at Work shall apply as of right to seamen signed on by Community vessels. 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. The employment contracts of ACP seamen shall be drawn up between the shipowners’ representative(s) and the seamen and/or their trade unions or representatives; a copy of these contracts shall be given to the signatories. These contracts shall guarantee the seamen the social security cover applicable to them, including life assurance and sickness and accident insurance.

5. The wages of the ACP seamen shall be paid by the shipowners. They shall be fixed by mutual agreement between the shipowners or their representatives and the seamen and/or their trade unions or representatives. However, the wage conditions granted to ACP seamen shall not be lower than those applied to crews from their respective countries and shall under no circumstances be below ILO standards. The guaranteed gross wage for non-Community seamen signed on freezer tuna seiners fishing under a Fisheries Partnership Agreement between the European Community and a third country shall be equal to the basic minimum wage laid down by the ILO resolution applicable to merchant shipping under the Maritime Labour Convention. This guaranteed wage shall be incorporated in labour contracts. If, however, the Convention concerning work in the fishing sector lays down more favourable provisions on the minimum wage or social rights than the Maritime Labour Convention, the former shall apply.

6. All seamen employed on board Community vessels shall report to the skipper of the vessel designated on the day before their proposed embarkation date. Where a seaman fails to report at the date and time agreed for embarkation, shipowners shall be automatically absolved of their obligation to take the seaman on board.

CHAPTER VI

TECHNICAL MEASURES

Vessels shall comply with the measures and recommendations adopted by ICCAT in the region regarding fishing gear and the technical specifications thereof and all other technical measures applicable to their fishing activities.

CHAPTER VII

OBSERVERS

1. Vessels authorised to fish in Guinean waters under the Agreement shall take on board observers appointed by the competent regional fisheries organisation on the terms set out below:

1.1. At the request of the competent authority, Community vessels shall take on board an observer designated by the authority in order to check catches made in Guinean waters.

1.2. The competent authority shall draw up a list of vessels designated to take an observer on board and a list of the appointed observers. These lists shall be kept up to date. They shall be forwarded to the European Commission as soon as they have been drawn up and every three months thereafter where they have been updated.

1.3. The competent authority shall inform the shipowners concerned, or their representatives, of the name of the observer appointed to be taken on board their vessel at the time the fishing authorisation is issued, or no later than 15 days before the observer’s planned embarkation date.

2. The time spent on board by observers shall be one fishing trip. However, at the express request of the competent Guinean authorities, this embarkation may be spread over several trips according to the average duration of trip for a particular vessel. This request shall be made by the competent authority when the name of the observer appointed to board the vessel in question is notified.

3. The conditions under which observers are taken on board shall be agreed between shipowners or their representatives and the competent authority.

4. Observers shall be taken on board at a port chosen by the shipowner at the beginning of the first trip in Guinean waters after notification of the list of designated vessels.

5. Within two weeks and giving 10 days’ notice, the shipowners concerned shall make known at which ports in the subregion and on what dates they intend to take observers on board.

6. Where observers are taken on board in a country outside the subregion, their travel costs shall be borne by the shipowner. Should a vessel with a regional observer on board leave the regional fishing zone, all measures shall be taken to ensure the observer’s return as soon as possible at the expense of the shipowner.

7. If the observer is not present at the time and place agreed or within the 12 hours following the time agreed, shipowners shall be automatically absolved of their obligation to take the observer on board.

8. Observers shall be treated as officers. Where vessels are operating in Guinean waters, they shall carry out the following tasks:

8.1. observe the fishing activities of the vessels;

8.2. verify the position of vessels engaged in fishing operations;

8.3. perform biological sampling in the context of scientific programmes;

8.4. note the fishing gear used;

8.5. verify the catch data for Guinean waters recorded in the logbook;

8.6. verify the percentages of by-catches and estimate the quantity of discards of species of marketable fish;

8.7. report by any appropriate means fishing data, including the quantity of catches and by-catches on board, to their competent authority.

9. Skippers shall do everything in their power to ensure the physical safety and welfare of observers during performance of their duties.

10. Observers shall be offered every facility needed to carry out their duties. The skipper shall give them access to the means of communication needed for the discharge of their duties, to documents directly concerned with the vessel’s fishing activities, including in particular the logbook and the navigation log, and to those parts of the vessel necessary to facilitate the exercise of their tasks.

11. While on board, observers shall:

11.1. take all appropriate steps to ensure that the conditions of their boarding and presence on the vessel neither interrupt nor hamper fishing operations;

11.2. respect the material and equipment on board and the confidentiality of all documents belonging to the vessel.

12. At the end of the observation period and before leaving the vessel, observers shall draw up an activity report to be transmitted to the competent authorities, with a copy to the European Commission. They shall sign it in the presence of the skipper, who may add or cause to be added to it any observations considered relevant, followed by the skipper’s signature. A copy of the report shall be handed to the skipper when the scientific observer is put ashore.

13. Shipowners shall bear the cost of accommodating observers in the same conditions as the officers, within the confines of the practical possibilities offered by the vessel.

14. The salary and social contributions of observers shall be paid by the Ministry responsible for fisheries. Shipowners shall pay the Centre National de Surveillance et de Protection des Pêches EUR 15 for each day spent by an observer on board a vessel.

15. The two Parties shall consult each other, and interested third parties, as soon as possible as regards the definition of a system of regional observers and the choice of the competent regional fisheries organisation. Pending the implementation of a system of regional observers, vessels authorised to fish in Guinea’s fishing zone under the Agreement shall take on board, instead of regional observers, observers designated by the competent Guinean authorities in accordance with the rules set out above.

CHAPTER VIII

CONTROL

1. In accordance with point 13 of Section 1 of Chapter I of this Annex, the European Community shall keep an up-to-date draft list of the vessels to which a fishing authorisation has been issued under this Protocol. This list shall be notified to the Guinean authorities responsible for fisheries control as soon as it is drawn up and each time it is updated.

2. On receipt of this draft list and of notification of payment of the advance (referred to in point 3 of Section 2 of Chapter I of this Annex) sent to the coastal State authorities by the European Commission, the vessel shall be entered by the competent Guinean authority on a list of vessels authorised to fish, which shall be sent to the authorities responsible for fisheries control. In this case, a certified copy of this list may be obtained by the shipowner and kept on board instead of the fishing authorisation until the authorisation has been issued.

3. Entering and leaving the zone

3.1. At least three hours in advance Community vessels shall notify the competent Guinean authorities responsible for fisheries control of their intention to enter or leave Guinea’s fishing zone; they shall also declare the overall quantities and the species on board.

3.2. When notifying leaving, vessels shall also communicate their position. This information should preferably be communicated by fax (+ 224 30 41 36 60) or e-mail (cnspkaly@yahoo.fr) or, for vessels not equipped with a fax or e-mail, by radio (call sign of the Centre National de Surveillance et de Protection des Pêches).

3.3. Vessels found to be fishing without having informed the competent Guinean authority shall be regarded as vessels in breach of the legislation.

3.4. Vessels shall also be informed of the fax and telephone numbers and e-mail address when the fishing authorisation is issued.

4. Control procedures

4.1. Skippers of Community fishing vessels engaged in fishing activities in Guinea’s waters shall allow and facilitate boarding and the discharge of their duties by any Guinean official responsible for the inspection and control of fishing activities.

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

4.3. Once the inspection and control has been completed, a certificate shall be issued to the skipper of the vessel.

5. Satellite control

All Community vessels fishing under this Agreement shall be subject to satellite monitoring in line with Appendix 2. These provisions shall enter into force on the 10th day following notification by the Guinean Government to the European Community Delegation to Guinea of the entry into operation of the Guinea’s Centre National de Surveillance des Pêches.

6. Boarding

6.1. The competent Guinean authorities shall inform the flag State and the European Commission, within no more than 36 hours, of all boardings of and penalties imposed on Community vessels in Guinean waters.

6.2. The flag State and the European Commission shall at the same time receive a brief report of the circumstances and reasons leading to the boarding.

7. Statement of boarding

7.1. After the competent Guinean authority has drawn up a statement, the skipper of the vessel shall sign it.

7.2. This signature shall not prejudice the rights of the skipper or any defence which he or she may make to the alleged infringement. If the skipper refuses to sign this document, he or she shall specify the reasons for doing so in writing and the inspector shall write "refusal to sign" on it.

7.3. The skipper shall take the vessel to the port indicated by the Guinean authorities. In the case of minor infringements, the competent Guinean authorities may authorise the boarded vessel to continue fishing.

8. Consultation meeting in the event of boarding

8.1. Before any measures regarding the skipper or the crew of the vessel or any action regarding the cargo and equipment of the vessel are considered, other than those to safeguard evidence relating to the presumed infringement, a consultation meeting shall be held, within one working day of the receipt of the above information, between the European Commission and the competent Guinean authorities, possibly attended by a representative of the Member State concerned.

8.2. At the meeting, the Parties shall exchange any relevant documentation or information helping to clarify the circumstances of the findings. The shipowner or his or her representative shall be informed of the outcome of the meeting and of any measures resulting from the boarding.

9. Settlement of boarding

9.1. Before any judicial procedure, an attempt shall be made to resolve the presumed infringement by means of an amicable settlement. This procedure shall end no later than three working days after the boarding.

9.2. In the event of an amicable settlement, the amount of the fine shall be determined in accordance with Guinean legislation.

9.3. If the case cannot be resolved by means of an amicable settlement and has to be brought before a competent judicial body, a bank security set to take account of the boarding costs and the fines and compensation payable by the parties responsible for the infringement shall be paid by the shipowner into a bank account specified by the competent Guinean authorities.

9.4. The bank security shall be irrevocable until the legal proceedings have been concluded. It shall be released once legal proceedings end without a conviction. Similarly, in the event of a conviction leading to a fine of less than the security lodged, the balance shall be released by the competent Guinean authorities.

9.5. The vessel shall be released and its crew authorised to leave the port:

- once the obligations arising under the amicable settlement have been fulfilled, or

- when the bank security referred to in point 9.3 above has been lodged and accepted by the competent Guinean authorities, pending completion of the legal proceedings.

10. Transhipments

10.1. All Community vessels wishing to tranship catches in Guinean waters shall do so in or off Guinean ports.

10.2. The owners of such vessels shall notify the following information to the competent Guinean authorities at least 24 hours in advance:

- the names of the transhipping fishing vessels,

- the names, IMO numbers and flag of the cargo vessels,

- the tonnage by species to be transhipped,

- the day and place of transhipment.

10.3. Transhipment shall be considered as an exit from Guinea’s fishing zone. Skippers of vessels must submit their catch declarations to the competent Guinean authorities and state whether they intend to continue fishing or leave Guinea’s fishing zone.

10.4. Any transhipment of catches not covered above shall be prohibited in Guinea’s fishing zone. Any person infringing this provision shall be liable to the penalties provided for by Guinean law.

11. Skippers of Community fishing vessels engaged in landing or transhipment operations in a Guinean port shall allow and facilitate the control of such operations by Guinean inspectors. Once the inspection has been completed in the port, a certificate shall be issued to the skipper of the vessel.

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Appendices

1. Application form for a fishing authorisation.

2. Provisions applicable to the satellite-based vessel monitoring system (VMS) and the coordinates of Guinea’s fishing zone.

3. ICCAT logbook.

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Appendix 1

APPLICATION FORM FOR A FISHING LICENCE

For official use only

Comments

Nationality: ...

Licence number: ...

Date of signature: ...

Date of issue: ...

APPLICANT

Name of firm: ...

Trade register number: ...

Name and first name of person responsible: ...

Date and place of birth: ...

Occupation: ...

Address: ...

Number of employees: ...

Name and address of agent: ...

VESSEL

Type of vessel: ...

Registration number: ...

New name: ...

Former name: ...

Date and place of construction: ...

Original nationality: ...

Length: ...

Breadth: ...

Depth: ...

Gross tonnage: ...

Net tonnage: ...

Type of construction materials: ...

Make of main engine: ...

Type: ...

HP rating: ...

Propeller:

Fixed:

Variable:

Ducted:

Speed: ...

Call sign: ...

Frequency: ...

List of sounding, navigating 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: ...

+++++ TIFF +++++

TYPE OF FISHING

A. Demersal

Inshore demersal:

Deep-sea demersal:

Type of trawl:

cephalopod:

shrimp:

fish:

Length of trawl: ...

Length of headline: ...

Mesh size in the body: ...

Mesh size 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 number: ...

Name of firm: ...

Activities: ...

Domestic wholesale fish trade:

export:

Type and number of wholesale trader’s card: ...

Description of processing and conservation plant:

Number of employees: ...

NB: Indicate affirmative answers by a tick in the appropriate box.

Technical remarks

Authorisation of the Ministry responsible for fisheries

+++++ TIFF +++++

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Appendix 2

The two Parties shall consult each other at a later stage within the Joint Committee to define the provisions applicable to the satellite-based vessel monitoring system (VMS) and the coordinates of Guinea’s fishing zone.

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Appendix 3

ICCAT LOGBOOK FOR TUNA FISHERY

Name of vessel: ...

Gross tonnage: ...

Vessel DEPARTED:

Vessel RETURNED:

Month

Day

Year

Port

Flag country: ...

Capacity — (M.T.): ...

Registration number ...

Skipper: ...

Shipowner: ...

Number of crew: ...

Address: ...

Reporting date: ...

(Reported by): ...

Number of days at sea:

Number of fishing days:

Number of sets made:

Trip number:

Date

Sector

Surface water temperature

(°C)

Fishing effort

Number of hooks used

Capturas (Catches)

Isco usado na pesca

(Bait used)

Month

Day

Latitude N/S

Longitude E/W

Bluefin tuna

Thunnus thynnus or maccoyi

Yellowfin tuna

Thunnus albacares

(Bigeye tuna)

Thunnus obesus

(Albacore)

Thunnus alalunga

(Swordfish)

Xiphias gladius

(Strip marlin)

(White marlin)

Tetraptunus audax or albidus

(Black marlin)

Makaira indica

(Sailfish)

Istiophorus albicans or platypterus

(Skipjack)

Katsuwonus pelamis

(Miscellaneous fish)

Daily total

(weight in kg only)

Saury

Squid

Live bait

(Other)

Number of fish

Weight

(kg)

Number of fish

kg

Number of fish

kg

Number of fish

kg

Number of fish

kg

Number of fish

kg

Number of fish

kg

Number of fish

kg

Number of fish

kg

Number of fish

kg

Number of fish

kg

Landing weight (in kg)

Notes

1 — Use one sheet per month and one line per day.

2 — At the end of each trip, forward a copy of the log to your correspondent or to ICCAT, Calle Corazón de María 8, 28002 Madrid, Spain.

3 — ‘Day’ refers to the day you set the line.

4 — Fishing area refers to the position of the vessel. Round off minutes and record degree of latitude and longitude. Be sure to record N/S and E/W.

5 — The last line (landing weight) should be completed only at the end of the trip. Actual weight at the time of unloading should be recorded.

6 — All information reported herein will be kept strictly confidential.

Longline

Live bait

Purse seine

Trawl

Outros (Others)

+++++ TIFF +++++

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