AGREEMENT between the Government of the Republic of Guinea Bissau and the European Economic Community on fishing off the coast of Guinea Bissau - PROTOCOL between the European Economic Community and the Government of the Republic of Guinea Bissau

THE GOVERNMENT OF THE REPUBLIC OF GUINEA BISSAU AND THE EUROPEAN ECONOMIC COMMUNITY (hereinafter referred to as "the Community");

RECALLING the close relations between the Community and the Republic of Guinea Bissau;

IN THE SPIRIT of cooperation resulting from the Lomé Convention, symbolizing the Parties' common desire to intensify friendly relations between the African, Caribbean and Pacific States and the Community.

CONSIDERING their mutual interest in the rational management, conservation and optimum utilization of fish stocks, notably in the Central East Atlantic;

WHEREAS the Republic of Guinea Bissau exercises its sovereignty or jurisdiction, in respect of sea fishing, over a zone extending up to 200 nautical miles from its coast;

TAKING INTO ACCOUNT the fact that vessels flying the flags of Member States of the Community habitually engage in fishing activities in that zone;

TAKING INTO ACCOUNT the work of the Third United Nations Conference on the Law of the Sea;

AFFIRMING that the exercise by coastal States of their sovereign rights in the waters within their jurisdiction for the purposes of exploring, exploiting, conserving and managing the living resources thereof must be in accordance with the principles of international law;

DETERMINED to conduct their relations in a spirit of mutual trust and respect for each other's interests in the sphere of sea fishing;

DESIROUS of establishing the terms and conditions governing fishing activities of mutual interest to the Parties,

HAVE AGREED AS FOLLOWS:

Article 1

The purpose of this Agreement is to establish the principles and rules which will govern in future, in all respects, the fishing activities of vessels flying the flags of Member States of the Community, herein after referred to as "Community vessels", in the waters over which the Republic of Guinea Bissau has jurisdiction in respect of fisheries, hereinafter referred to as "Guinea Bissau's fishing zone".

Article 2

The Government of the Republic of Guinea Bissau undertakes to authorize Community vessels to fish in Guinea Bissau's fishing zone in accordance with the terms of this Agreement, in particular those stipulated in the Annex.

Article 3

1. The Community undertakes to take all appropriate steps to ensure that its vessels adhere to the provisions of this Agreement and the rules and regulations governing fishing activities in Guinea Bissau's zone.

2. The authorities of Guinea Bissau shall notify the Commission of the European Communities in advance of any changes to the said rules and regulations.

Article 4

1. Fishing activities by Community vessels in Guinea Bissau's fishing zone shall be subject to the possession of a licence issued at the Community's request by the authorities of Guinea Bissau.

2. The authorities of Guinea Bissau shall issue fishing licences within the limits laid down by category of vessel in the Protocol referred to in Article 9.

3. Licences shall be valid from the day of issue until 31 December of the year in which they are issued, or during a period of six months from 1 January to 30 June or 1 July to 31 December of any year.

4. A licence shall be issued for a given vessel and shall not be transferable.

5. Where a vessel in possession of a licence is prevented from using it by force majeure, the licence may be replaced at the Community's request by another one which shall be valid for a vessel of the same category.

Article 5

1. Licences shall be issued by the authorities of the Republic of Guinea Bissau subject to payment of a fee by the shipowner concerned.

2. The fees payable for each category of vessel are given in the Annex under A.1. The fees shall be paid in full before the licences are issued ; however, the fees assessed on the basis of the quantity of fish caught in Guinea Bissau's fishing zone, in accordance with the provisions of point A.2 in the Annex, shall be paid in the form of an advance lump sum, accompanied by a banker's guarantee to cover any additional amount necessary to make up the final total fees due at the end of each season.

3. The fees shall be set in proportion to the period for which the licence is valid.

Article 6

The Parties undertake to concert action, either directly or within international organizations, to ensure the management and conservation of the living resources, particularly in the Central East Atlantic, and to facilitate the relevant scientific research.

Article 7

Vessels authorized to fish in Guinea Bissau's fishing zone under this Agreement shall be obliged to forward to the relevant authorities of Guinea Bissau statements of catches in accordance with the arrangements set out under B in the Annex to this Agreement.

Article 8

The vessels, authorized under this Agreement to fish in Guinea Bissau's fishing zone, may be obliged to land a proportion of the fish caught in that zone at ports in Guinea Bissau.

The quantities and conditions for the landings shall be determined within the Joint Committee provided for in Article 11.

Article 9

In return for the fishing opportunities accorded under this Agreement, the Community shall pay the Republic of Guinea Bissau compensation as set out in the Protocol to this Agreement.

This compensation, which shall be paid without prejudice to financing accorded to the Republic of Guinea Bissau under the Convention, shall be mobilized in accordance with the special procedure described in the said Protocol.

The compensation shall be used to finance projects, relating to sea and fresh-water fishing.

Article 10

The Parties agree to consult in the event of a dispute concerning the interpretation or application of this Agreement.

Article 11

A Joint Committee shall be set up to ensure that this Agreement is applied correctly.

The Committee shall meet once a year, alternating between Guinea Bissau and the Community, and shall hold special meetings at the request of either Contracting Party.

The Joint Committee shall meet in particular once new legislation has been adopted governing fishing in Guinea Bissau's waters in order to see whether the Annex should be amended.

Article 12

Should the authorities of Guinea Bissau decide, as a result of an unforeseeable change in the state of the fish stocks, to take new conservation measures which, in the opinion of the Community, have a considerable effect on the fishing activities of Community vessels, consultations must be held between the Parties in order to adapt the Annex and the Protocol referred to in Article 9.

Such consultations shall be based on the principle that any reduction in the fishing opportunities provided for in the said Protocol shall be offset by other fishing opportunities of equivalent value, account being taken of compensation already paid by the Community.

Article 13

Nothing in this Agreement shall affect or prejudice in any manner the views of either Party with respect to any matter relating to the Law of the Sea.

Article 14

This Agreement shall apply, on the one hand, to the territories in which the Treaty establishing the European Economic Community is applied and under the conditions laid down in that Treaty and, on the other hand, to the territory of the Republic of Guinea Bissau.

Article 15

The Parties agree to examine this Agreement upon the conclusion of the negotiations for a Multilateral Treaty which are being conducted within the framework of the Third United Nations Conference on the Law of the Sea.

Article 16

The Annex and the Protocol form an integral part of this Agreement and, unless otherwise specified, a reference to this Agreement constitutes a reference to them.

Article 17

This Agreement shall be concluded for an initial period of two years running from the date of its entry into force. In the event of the Agreement not being terminated by either Party through notice of termination given at least six months before the expiry of that two-year period, it shall remain in force for additional periods of one year, provided that notice of termination has not been given at least three months before the expiry of each yearly term.

Negotiations shall then take place between the Parties to determine by mutual agreement the amendments or additions to be made to the Annex or the Protocol.

Article 18

This Agreement shall enter into force on the date on which the Parties notify one another of the completion of the procedures necessary for this purpose.

ANNEX CONDITIONS FOR THE PURSUIT OF FISHING ACTIVITIES IN GUINEA BISSAU'S ZONE BY VESSELS FLYING THE FLAGS OF MEMBER STATES OF THE COMMUNITY A.

Licence application and issuing formalities

The procedure for applications for, and issue of, the annual licences enabling vessels flying the flags of Member States of the Community to fish in Guinea Bissau's fishing zone shall be as follows: 1.

The relevant Community authorities shall present to the Office of the Secretary of State for Fisheries of the Republic of Guinea Bissau, via the Delegation of the Commission of the European Communities in Guinea Bissau, an application for each vessel that wishes to fish under this Agreement.

The applications shall be made on the forms provided for that purpose by the Government of Guinea Bissau. A specimen is given under A.1 below.

The fees shall be set according to the following scale:

(a) bottom trawlers :

FF 420 per grt per year;

(b) freezer tuna boats :

FF 0 704 per kg of fish caught.

2. Applications for licences for tuna boats shall be accompanied by proof of payment of a lump sum equivalent to a catch of 1 000 tonnes of tuna for the whole fleet and by a banker's guarantee covering payment at the end of each season of any sums due in respect of catches in excess of the abovementioned quantity.

In case of landings agreed under Article 8 of the Agreement, payments of a smaller amount will be fixed by the Joint Committee.

3. The relevant authorities of Guinea Bissau shall examine each application to see that it complies with this Agreement and with the legislation of Guinea Bissau and shall apply the scale of fees to be paid.

The relevant authorities of Guinea Bissau shall inform the Community authorities of their decisions.

4. The licences issued upon payment of the fees shall be valid for a given vessel and shall not be transferable.

5. Should there be any difficulties or additional information needed when applications are examined and licences issued, consultations shall be held between the representatives of the Contracting Parties, in particular through the Office of the Secretary of State for Fisheries and the Delegation of the Commission of the European Communities in Guinea Bissau.

B. Statement of catch

1. All vessels authorized to fish in Guinea Bissau's waters under this Agreement shall be obliged to forward to the Office of the Secretary of State for Fisheries a statement of their catch made out according to the specimen given under B.1 below.

A statement of catch must be drawn up for each month and presented at least once every three months.

Should these provisions not be adhered to, the Government of Guinea Bissau reserves the right to suspend the licence of the offending vessel until the formality has been accomplished.

2. Any Community vessel fishing in Guinea Bissau's fishing zone shall allow on board, and assist in the accomplishment of his duties, any official of Guinea Bissau responsible for inspecting and monitoring compliance with the provisions of this Agreement.

C. Training grants

The two Parties agree that an essential condition for the success of their cooperation is that the competence and know-how of persons engaged in sea fishing should be improved. To this end, the European Economic Community shall make it easier for nationals of Guinea Bissau to find places in establishments in its Member States and shall provide study and training grants for that purpose in the various scientific, technical and economic subjects connected with fisheries.

PROTOCOL between the European Economic Community and the Government of the Republic of Guinea Bissau

THE PARTIES TO THIS PROTOCOL,

Having REGARD to the Agreement between the European Economic Community and the Government of the Republic of Guinea Bissau on fisheries off the coast of Guinea Bissau, signed on 27 February 1980,

HAVE AGREED AS FOLLOWS:

Article 1

The limits referred to in Article 4 of the abovementioned Agreement shall be set as follows for the first two years of application of that Agreement:

Article 2

The compensation referred to in Article 9 of the Agreement shall be set for the first two years of application of the Agreement at FF 12 800 000.

Article 3

1. The use to which the compensation provided for in Article 2 is put shall be the sole responsibility of the Government of Guinea Bissau.

2. The Government of Guinea Bissau shall inform the European Economic Community of the programme for the use of the compensation.

Article 4

1. The compensation shall be mobilized in two equal annual instalments.

2. The compensation shall be paid into an account opened with a financial institution chosen by the Government of Guinea Bissau.

Article 5

If the European Economic Community fails to make the payments provided for in this Protocol, the Agreement on fisheries shall be suspended.

Article 6

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