ANNEX

CONDITIONS GOVERNING FISHING ACTIVITIES BY UNION VESSELS IN GUINEA-BISSAU'S FISHING ZONE

CHAPTER I

General provisions

1. Designation of the competent authority

For the purposes of this Annex and unless otherwise specified hereinafter, any reference to the Union or to Guinea-Bissau competent authority shall mean:

— for the Union: the European Commission, where applicable viathe Union delegation in Guinea-Bissau;

— for Guinea-Bissau: the government department responsible for fisheries.

2. Authorised fishing zone

The authorised fishing zone in which Union vessels are permitted to fish shall correspond to the fishing zone of Guinea-Bissau, including the part corresponding to the area managed jointly by Guinea-Bissau and Senegal, in accordance with Guinea-Bissau legislation and the relevant international conventions to which Guinea-Bissau is a party.

The baselines shall be defined by national legislation.

3. Appointment of a local agent

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

4. Bank account

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

5. Focal points

The Parties shall inform each other of their respective focal points set up to enable exchanges of information on the implementation of this Protocol, in particular on issues linked to the exchange of aggregate catch and effort data, procedures relating to fishing authorisations and the implementation of sectoral support.

CHAPTER II

Fishing authorisations

Section 1

Applicable procedures

1. Condition for obtaining a fishing authorisation – eligible vessels

The fishing authorisations referred to in Article 6 of the Agreement shall be issued on condition that the vessel is listed in the Union register of fishing vessels and complies with the provisions of Regulation (EU) 2017/2403 of the European Parliament and of the Council (1). All prior obligations of the vessel owner, the master or the vessel itself arising from their fishing activities in Guinea-Bissau under the Agreement must have been met.

2. Application for a fishing authorisation

The Union shall submit to Guinea-Bissau an application for a fishing authorisation in respect of any vessel wishing to fish under the Agreement at least 40 days before the start of the requested period of validity, using the form in the Appendix to the Annex to this Protocol.

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

(a) proof of payment of the flat-rate fee for the requested period of validity of the fishing authorisation;

(b) the name and address of any local agent for the vessel;

(c) for trawlers, proof of prepayment of the flat-rate contribution to the costs of the observer;

(d) for trawlers, certification of the vessel's tonnage, issued by the flag State.

For renewal of a fishing authorisation under this Protocol 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. Issuing the fishing authorisation

Guinea-Bissau shall issue the original fishing authorisation no later than 25 days after receipt of the complete application file, and at least 15 days before the beginning of the fishing period. The authorisation shall be sent to the vessel owners:

— for trawlers, through the agents, with a copy to the Union; and

— for tuna vessels, through the Union delegation in Guinea-Bissau.

In the case of tuna vessels the competent authority shall immediately send, by electronic means, a copy of the fishing authorisation to the vessel owner and, where appropriate, to their local agent, with a copy to the Union. The validity of that copy shall expire on receipt of the original fishing authorisation. That copy, held on board tuna vessels, shall be valid for 40 days and shall be considered equivalent to the original during that period.

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

The Union shall forward the fishing authorisation to the vessel owner or to the agent. If the Union offices are closed, Guinea-Bissau may issue the fishing authorisation directly to the vessel owner or his agent and send a copy to the Union.

4. List of vessels authorised to fish

Once the fishing authorisation has been issued, Guinea-Bissau shall immediately draw up, for each category of vessel, the final list of vessels authorised to fish in its fishing zone. This list shall be sent immediately to the national body responsible for supervising fishing, and electronically to the Union.

5. Period of validity of the fishing authorisation

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

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

(a) for the first year of application of this Protocol, the period between the date of its provisional application and 31 December of the same year;

(b) then, each complete calendar year;

(c) for the last year of application of this Protocol, the period between 1 January and the date of expiry of this Protocol.

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

6. Keeping the fishing authorisation on board

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

However, tuna vessels and surface longliners shall be authorised to fish as soon as they are included on the provisional list. Such vessels must keep the provisional list on board at all times until their fishing authorisation is issued.

7. Transfer of fishing authorisations

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

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

In this case the fishing authorisation to be replaced shall be returned by the vessel owner or his agent in Guinea-Bissau and a replacement authorisation shall immediately be drawn up by Guinea-Bissau. On return of the authorisation to be replaced, the replacement authorisation shall be issued immediately to the vessel owner or his agent as soon as a technical inspection has been carried out in accordance with point 9 of this Chapter. The replacement authorisation shall take effect on the day on which the authorisation to be replaced is returned.

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

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 Union.

8. Support vessels

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

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 Union.

Support vessels must hold an authorisation issued under Guinea-Bissau law for this purpose, subject to payment of an annual fee.

9. Technical inspection of trawlers

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 Union trawlers shall present themselves in the port of Bissau for a technical inspection, in accordance with the existing legislation of Guinea-Bissau.

The technical inspection shall verify that the vessel's technical characteristics and the fishing gear on board are in conformity and that health regulations and the rules on the signing-on of national seamen have been complied with.

Guinea-Bissau must carry out the technical inspection no later than 48 hours after the trawler arrives in port, provided that its arrival was notified in advance.

After the technical inspection, Guinea-Bissau shall issue a certificate of conformity to the master of the vessel immediately.

The certificate of conformity shall be valid for a period of one year. However, a new certificate of conformity shall be required in the event of any change to or from the shrimp fishing category. Furthermore, a new certificate of conformity shall be required if the vessel leaves Guinea-Bissau's fishing zone for a period of more than 45 days.

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

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

Section 2

Fees and advance payments

The amount of the flat-rate fee is specified for each category of vessel in the datasheets appended to this Annex. It includes all local and national taxes, with the exception of port taxes and charges for the provision of services.

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 requested period of validity. To such adapted fee shall be added the amounts due for quarterly or half-yearly periods, as the case may be, based on the rates set out in the corresponding datasheets.

CHAPTER III

Technical conservation measures

Technical measures applicable to Union vessels holding a fishing authorisation, relating to the fishing zone, the fishing gear and by-catch limits, are defined for each fishing category in the datasheets appended to this Annex.

Tuna vessels and surface longliners shall comply with all the recommendations adopted by the ICCAT.

CHAPTER IV

Catch reporting

1. Fishing logbook

The master of an Union vessel fishing under the Agreement shall be required to keep a fishing logbook. For tuna vessels, the fishing logbook shall be in accordance with the relevant ICCAT resolutions on the collection and transmission of data on fishing activities.

Each day the master shall record in the fishing logbook the quantity of each species, identified by its FAO alpha 3 code, 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 include the no catches.

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.

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

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

2. Reporting of catches

2.1. Under the effort management system during this Protocol's first and second year of application

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

The master shall send the fishing logbooks to Guinea-Bissau, using the e-mail address provided for this purpose. Guinea-Bissau shall confirm receipt thereof immediately by return e-mail.

Alternatively, fishing logbooks may be transmitted in the following manner:

(a) when passing through a Guinea-Bissau port, the original of each fishing logbook shall be submitted to the representative of the Directorate-General for Industrial Fisheries of the Ministry of Fisheries of Guinea-Bissau (‘Directorate-General for Industrial Fisheries’), who shall confirm receipt thereof in writing;

(b) when leaving Guinea-Bissau's fishing zone without first passing through a Guinea-Bissau port, the original of each fishing logbook shall be submitted within a period of 14 days after arrival in any other port, and in any case within a period of 30 days after leaving Guinea-Bissau's fishing zone.

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

(a) IRD (Institut de recherche pour le développement);

(b) IEO (Instituto Español de Oceanografía); or

(c) IPMA (Instituto Português do Mar e da Atmosfera).

The vessel must again report on its activities and catches if it returns to Guinea-Bissau's fishing zone within the period of validity of its fishing authorisation.

If the provisions of this chapter are not complied with, Guinea-Bissau may suspend the fishing authorisation of the vessel concerned until all missing catch reports have been submitted and penalise the vessel owner pursuant to the relevant provisions of the existing national legislation. If the offence is repeated, Guinea-Bissau may refuse to renew the fishing authorisation. Guinea-Bissau shall inform the Union immediately of any penalty applied in this context.

2.2. Under the quota management system from this Protocol's third year of application

1. The master of a Union vessel fishing under the Agreement shall keep a fishing logbook in accordance with the relevant ICCAT resolutions and recommendations. The master shall be responsible for the accuracy of the data recorded in the electronic fishing logbook.

2. All Union vessels holding an authorisation issued under this Protocol shall be equipped with an electronic reporting system (ERS) capable of recording and transmitting data on the vessel's fishing activity (‘ERS data’).

3. Catches shall be notified in the following manner: (a) the masters of all vessels operating under this Protocol in Guinea-Bissau waters shall fill in the electronic fishing logbook each day and send it via ERS (Appendix 4 to this Annex) or, in the event of malfunction of the system, by e-mail to the fisheries monitoring centre (FMC) of the flag State and Guinea-Bissau's FMC within seven days of leaving the fishing zone; (b) the electronic fishing logbook must specify the quantity of each species, identified by its FAO alpha 3 code, 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 include the no catches. The master shall also record the quantities of each species thrown back into the sea, expressed in kilograms of live weight or, where necessary, the number of individual fish.

4. ERS data shall be transmitted by the vessel to its flag State, which will make them automatically available to Guinea-Bissau. The flag State shall ensure that the data is received and recorded in a computer database enabling the data to be stored securely for at least 36 months.

5. The flag State and Guinea-Bissau shall ensure that they have the necessary IT equipment and software to automatically transmit ERS data in the format set out in point 3 of Appendix 4 to this Annex.

6. ERS data must be transmitted using the electronic means of communication operated by the European Commission to exchange fisheries data in a standardised form.

7. Where the provisions on catch reporting are not complied with, Guinea-Bissau may suspend the fishing authorisation of the vessel concerned until all missing catch reports have been submitted and penalise the vessel owner pursuant to the relevant provisions of the existing national legislation. If the offence is repeated, Guinea-Bissau may refuse to renew the fishing authorisation. Guinea-Bissau shall inform the Union immediately of any penalty applied in this context.

8. The flag State and Guinea-Bissau shall each designate an ERS correspondent who will act as the point of contact for matters concerning the implementation of this Annex. The flag State and Guinea-Bissau shall notify each other of the contact details of their ERS correspondents and, where necessary, update that information immediately.

3. Transition to an electronic system

The Parties shall liaise within the Joint Committee on the arrangements for the transition to the ERS through which Union vessels will be required to record and communicate to Guinea-Bissau, by electronic means, data on fishing operations carried out under the Agreement as set out in the Appendices to this Annex.

The transition should be completed no later than at the beginning of the third year of the application of this Protocol.

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

For each tuna vessel and surface longliner, the Union shall draw up, on the basis of its catch reporting, a final statement of the fees owed by the vessel in respect of its annual season for the previous calendar year.

The Union shall send this final statement to Guinea-Bissau and to the vessel owner by 31 May of the year following the year in which the catches were made.

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 immediately. 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. Landing or transhipment of catches

Where the master of an Union vessel wishes to land or tranship catches from Guinea-Bissau's fishing zone in the port of Bissau, they must notify the representative of the Directorate-General for Industrial Fisheries of the following, at least 24 hours before the landing or transhipment:

(a) the name of the Union vessel which will 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.

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.

The transhipment operation must be carried out within the port of Bissau, the geographical coordinates of which shall be transmitted by the competent authorities to the vessel's master and agent. Transhipment at sea is prohibited.

Non-compliance with those provisions shall lead to the imposition of penalties as provided for in Guinea-Bissau legislation.

2. Contribution in kind for food security

Trawlers shall be required to land part of their catch in Guinea-Bissau in the interest of the country's food security. Landings shall meet the following requirements:

— 2,5 tonnes per quarter and per vessel for fin-fish/cephalopod vessels;

— 1,25 tonnes per quarter and per vessel for shrimp vessels.

In order to facilitate the implementation of such measure, the contribution per vessel may be grouped together by several vessels and made available cumulatively for several quarters. The landings shall be carried out in the port of Bissau and shall be received by the representative of the Directorate-General for Industrial Fisheries.

A standard receipt for such contributions in kind shall be drawn up and signed each time by the Directorate-General for Industrial Fisheries and returned to the master.

Such landings may be made subject to arrangements to be agreed on between the Parties.

CHAPTER VI

Monitoring and inspection

1. Entering and leaving the fishing zone

Any entry into or departure from Guinea-Bissau's fishing zone by an Union vessel holding a fishing authorisation must be notified to Guinea-Bissau within 24 hours of the entry or departure. Such period is reduced to 4 hours for tuna vessels and surface longliners.

When notifying its entry or exit, the vessel shall specify in particular:

(a) the date, time and point of passage scheduled;

(b) the quantity of all species held on board, identified by its FAO alpha 3 code and expressed in kilograms of live weight or, if necessary, the number of individual fish;

(c) the product presentation.

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 notify the vessels concerned and the Union of any change to the e-mail addresses, telephone number or transmission frequency.

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

2. Vessel position messages – VMS

Whilst they are in Guinea-Bissau's fishing zone, Union vessels 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 FMC of their flag State.

It shall be prohibited to move, disconnect, destroy, damage or render inoperative the continuous tracking system using satellite communications placed on board the vessel for the purposes of data transmission or to intentionally alter, divert or falsify data transmitted or recorded by such a system.

Position messages and catch notifications shall be given preferably through the VMS/ERS system or, in the event of malfunction of the system, by e-mail, by fax or by radio. Guinea-Bissau shall immediately notify the vessels concerned and the Union of any change to the e-mail address, telephone number or transmission frequency.

Each position message must contain:

(a) the vessel identification;

(b) the most recent geographical position of the vessel (longitude, latitude), with a margin of 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; and

(e) comply with the format set out in Appendix 3.

Any vessel found to be fishing in Guinea-Bissau's fishing zone without having previously notified its presence shall be considered to be a vessel in breach of the rules.

3. Inspection at sea or in port

Inspection at sea in Guinea-Bissau's fishing zone, or in port, of Union vessels holding a fishing authorisation shall be carried out by vessels and inspectors from Guinea-Bissau who are clearly identified as being assigned to carry out fishing checks.

Before boarding, the Guinea-Bissau inspectors shall inform the Union vessel of their decision to carry out an inspection. The inspection shall be carried out by a maximum of two inspectors, who must provide proof of their identity and official position as an inspector before carrying out the inspection. They may be accompanied, where appropriate, by representatives of Guinea-Bissau's national security forces in accordance with the international law of the sea.

The Guinea-Bissau inspectors shall only stay on board the Union vessel for the time necessary to carry out tasks linked to the inspection. They shall carry out the inspection in a way which minimises the impact on the vessel, its fishing activity and cargo.

Guinea-Bissau may authorise inspectors accredited by the Union to participate in the inspection as observers.

The master of the Union vessel shall allow the Guinea-Bissau inspectors to come on board and carry out their work.

At the end of each inspection, the Guinea-Bissau inspectors shall draw up an inspection report. The master of the Union vessel has the right to include his comments in the inspection report. The inspection report shall be signed by the inspector drawing up the report and the master of the Union vessel.

The Guinea-Bissau inspectors shall give a copy of the inspection report to the master of the Union vessel before leaving the vessel. Guinea-Bissau shall send a copy of the inspection report to the Union within a period of eight days after the inspection.

4. Inspection of catches

During the first two years of the application of this Protocol, when the GRT-based management system is used, spot checks will be carried out, on a rotational basis, on one third of the Union trawlers authorised to fish each quarter to check that catches comply with the information recorded in the fishing logbooks.

Each inspection shall be carried out at the end of a trip, giving 24 hours' notice, and may not last for more than four hours.

The inspections shall be carried out at a location the geographical coordinates of which will be transmitted by the competent authorities to the vessel's master and agent.

From the third year of the application of this Protocol, when the TAC-based management system is used, the frequency of inspections of catches will be reviewed to take account of the verification of catch data introduced with the ERS.

CHAPTER VII

Infringements

1. Handling of infringements

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

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

2. Detention of a vessel – information meeting

Where permitted under national legislation in respect of the reported infringement, any Union vessel having committed an infringement may be forced to cease its fishing activity and, if the vessel is at sea, to return to a Guinea-Bissau port.

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

Before taking any measures against the vessel, the master or the cargo concerned, with the exception of measures aimed at protecting evidence, Guinea-Bissau shall organise, at the request of the Union, 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 vessel's flag State may attend such information meeting.

3. Penalties for infringements – compromise procedure

The penalty for the reported infringement shall be set by Guinea-Bissau pursuant to the relevant provisions of the existing national legislation.

Where settling the infringement involves legal proceedings, a compromise procedure between Guinea-Bissau and the Union shall take place before the proceedings are launched to determine the terms and level of the penalty. A representative of the vessel's flag State may participate in such compromise procedure. The compromise procedure shall finish at the latest four days after notice is given of the vessel's detention.

4. Legal proceedings – bank security

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.

The bank security shall be released and returned to the vessel owner immediately after 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.

Guinea-Bissau shall inform the Union of the outcome of the legal proceedings within eight days of the judgement.

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 VIII

Signing-on of seamen

1. Number of seamen to be signed on

Each Union trawler shall sign on Guinea-Bissau seamen for the period during which its fishing authorisation is valid, subject to the following limits:

(a) five seamen, for a capacity of less than 250 GRT;

(b) six seamen, for a capacity of between 250 and 400 GRT;

(c) seven seamen, for a capacity of between 400 and 650 GRT;

(d) eight seamen, for a capacity greater than 650 GRT.

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

2. Selection of seamen

The competent authorities of Guinea-Bissau shall draw up and keep up to date an indicative list of qualified seamen who, in particular, have a maritime safety training certificate (under the rules of International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, STCW) and are candidates to be signed on by Union vessels. That list, and its regular updates, shall be notified to the Union.

The list referred to in the first subparagraph shall be drawn up on the basis of criteria which allow skilled and qualified seamen to be selected. The seaman must:

(a) hold a valid Guinea-Bissau passport;

(b) be in possession of a valid seaman's registration book stating that they have received basic training on safety at sea for staff of fishing vessels in accordance with existing international standards;

(c) have proven experience of working on industrial fishing vessels;

(d) hold a valid medical certificate attesting to their fitness to perform duties on board a fishing vessel.

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

3. Seamen's contracts

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

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

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

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 effective recognition of the right to collective bargaining, and the elimination of discrimination in respect of employment and occupation.

4. Seamen's wages

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 his agent and Guinea-Bissau.

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

5. Seamen's obligations

The seaman must report to the master of the vessel to which they have been appointed the day before the signing-on date stipulated in the contract. The master shall inform the seaman of the date and time of signing on. If the seaman fails to show at the date and time agreed for their boarding, or if their qualifications do not match the master's expectations, the seaman's contract shall be considered to be null and void. They shall be replaced by another Guinea-Bissau seaman, without this delaying the vessel's departure.

CHAPTER IX

Observers

1. Observation of fishing activities

Vessels holding a fishing authorisation shall be subject to a scheme for observing their fishing activities carried out under the Agreement.

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

Other vessels shall take on board an observer appointed by Guinea-Bissau. If the observer does not appear at the agreed time and place, he must be replaced so that the vessel can commence its activities immediately.

2. Designated vessels and observers

When the fishing authorisation is issued, Guinea-Bissau shall inform the Union and the vessel owner, or their agent, 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 Union and the vessel owner or their agent of any change in the designated vessels and observers.

The observer shall not spend more time on board the vessel than is necessary to carry out his duties.

3. Flat-rate financial contribution

At the time of paying its fee, the vessel owner shall pay Guinea-Bissau a flat-rate sum of EUR 8 000 per year for each trawler, adapted on a pro rata basis according to the duration of the designated vessels' fishing authorisations.

4. Observer's salary

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

5. Signing-on conditions

Observers shall be treated on board as officers. However, account must be taken of the technical structure of the vessel when the observer is received on board.

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

The master shall take all the measures under their responsibility to guarantee the observer's physical safety and general wellbeing.

The observer shall be offered every facility needed to carry out his duties. He shall have access to means of communication and to documents relating to the vessel's fishing activities, in particular the fishing logbook and navigation log, and the parts of the vessel directly linked to his duties.

6. Observer's obligations

Whilst on board the observer 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. Observer's boarding and leaving the vessel

The vessel owner or his agent shall inform Guinea-Bissau, giving 10 days' notice prior to boarding, of the date, time and port of boarding of the observer. If the observer is taken on board in a foreign country, his travel costs to the port of boarding shall be borne by the vessel owner.

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

8. Tasks of the observer

The observer shall carry out the following duties:

(a) observe the fishing activities of the vessel;

(b) verify the position of the vessel during fishing 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 Guinea Bissau's fishing zone recorded in the logbook;

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

(g) send their observations once a day as part of the performance of their duties, including the quantity of catches and by-catches on board.

9. Observer's report

Before leaving the vessel, the observer shall submit a report on 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.

The observer shall submit his report to Guinea-Bissau. Data on catches and discards shall be transmitted to the Scientific Institute of Guinea-Bissau (CIPA), which, after processing and analysis, shall submit this data to the Joint Scientific Committee. A copy of the observer's report shall be sent electronically to the Union.

(1) Regulation (EU) 2017/2403 of the European Parliament and of the Council of 12 December 2017 on the sustainable management of external fishing fleets, and repealing Council Regulation (EC) No 1006/2008 (OJ L 347, 28.12.2017, p. 81).