FISHERIES PARTNERSHIP AGREEMENT
between the European Community and the Republic of Guinea-Bissau for the p eriod 16 June 2007
to 15 June 2011
THE EUROPEAN COMMUNITY, hereinafter referred to as ‘the Community’,
andTHE REPUBLIC OF GUINEA-BISSAU, hereinafter referred to as ‘Guinea-Bissa u’,
hereinafter referred to as ‘the Parties’,CONSIDERING the close working relationship between the Community and Gui nea-Bissau, particularly in the context of
theCotonouAgreementestablishingarelationshipofclosecooperationb etweentheEuropeanCommunityanditsMember
States, of the one part, and Guinea-Bissau, of the other part, and their mut ual desire to intensify that relationship,
RECALLING that the Community and Guinea-Bissau are signatories to the Uni ted Nations Convention on the Law of Sea
andthat,inaccordancewiththatConvention,Guinea-Bissauhasestablis hedanexclusiveeconomiczoneextending200nau-
tical miles from its shores within which it exercises its sovereign rights for the purpose of exploring, conserving and man-
aging that zone,
DETERMINEDtoapplythedecisionsandrecommendationsoftheInternation alCommissionfortheConservationofAtlan-
tic Tunas, hereinafter referred to as ‘ICCAT’, the CECAF or any other regio nal or international organisation in this area of
which the two Parties are members or in which they are represented,
DETERMINED to cooperate, in their mutual interest, in particular on the ba sis of the principles established by the Code of
conductforresponsiblefisheriesadoptedattheFAOConferencein1995,i npromotingtheintroductionofresponsiblefish-
eriestoensurethelong-termconservationandsustainableexploitation ofmarinelivingresources,inparticularbyreinforc-
ing the control system covering fishing activities as a whole, in order to e nsure the effectiveness of the measures for the
development and conservation of these resources, and the protection of th e marine environment,
AFFIRMINGthattheexercisebycoastalStatesoftheirsovereignrightsin thewaterswithintheirjurisdictionovertheliving
resources thereof for the purposes of exploring, exploiting, conserving and managing those resources must be in accor-
dance with the principles of international law,
CONVINCEDthattheachievementoftheirrespectiveeconomicandsocialob jectivesinthefisheriessectorwillbefurthered
byclosecooperationinscientificandtechnicalresearchinthatsectoro ntermsensuringtheconservationandrationalexploi-
tation of fish stocks,
CONVINCED that such cooperation must take the form of initiatives and meas ures which, whether taken jointly or sepa-
rately, are complementary and ensure consistent policies and synergy of e ffort,
FIRMLY COMMITTED to responsible and sustainable fishing,DECIDED, to these ends, to contribute, within the framework of Guinea-Bis sau’s sectoral fisheries policy, to promoting the
developmentofapartnershipwithaviewinparticulartoidentifyingthem ostappropriatemeansofensuringthatthispolicy
is effectively implemented and that economic operators and civil society are involved in the process,
DESIROUSofestablishingtermsandconditionsgoverningthefishingacti vitiesofCommunityvesselsinGuinea-Bissaufish-
ing zones and Community support for the introduction of responsible fishi ng in those fishing zones,
RESOLVED to pursue closer economic cooperation in the fishing industry an d related activities through the setting up and
development of investments in Guinea-Bissau involving companies from bo th Parties,27.12.2007 EN Official Journal of the European Union L 342/5
HEREBY AGREE AS FOLLOWS:
Article 1
Scope
This Agreement establishes the principles, rules and procedures
governing:
— economic, financial, technical and scientific cooperation in
the fisheries sector with a view to establishing responsiblefishing in Guinea-Bissau fishing zones to guarantee the con-servation and sustainable exploitation of fisheries resourcesand develop the Guinea-Bissau fisheries sector,
— the conditions governing access by Community fishing ves-
sels to Guinea-Bissau fishing zones,
— thearrangementsforpolicingfisheriesinGuinea-Bissaufish-
ing zones with a view to ensuring that the above rules andconditionsarecompliedwith,thatthemeasuresforthecon-servation and management of fish stocks are effective andthat illegal, undeclared and unregulated fishing is prevented,
— partnerships between companies aimed at developing eco-
nomic activities in the fisheries sector and related activities,in the common interest.
Article 2
Definitions
For the purposes of this Agreement, including the Protocol and
the Annexes thereto:
(a) ‘Guinea-Bissau fishing zones’ means the waters over which
Guinea-Bissau has sovereignty or jurisdiction. The fishingactivities by Community vessels provided for in this Agree-ment shall be carried out only in the zones in which fishingis authorised under Guinea-Bissau law;
(b) ‘theMinistry’meanstheGovernmentdepartmentresponsible
for the fisheries sector;
(c) ‘Community authorities’ means the European Commission;(d) ‘Communityvessel’meansafishingvesselflyingtheflagofa
Member State of the Community and registered in theCommunity;
(e) ‘Joint Committee’ means a committee made up of represen-
tatives of the Community and Guinea-Bissau whose func-tions are described in Article 10 of this Agreement;(f) ‘surveillance authority’ means the fisheries surveillance
directorate;
(g) ‘theDelegation’meanstheDelegationoftheEuropeanCom-
mission to Guinea-Bissau;
(h) ‘ACPseamen’meansanyseamenwhoarenationalsofanon-
European signatory to the Cotonou Agreement. To this end,a Guinea-Bissau seaman is an ACP seaman;
(i) ‘shipowner’ means any person legally responsible for a fish-
ing vessel.
Article 3
Principles and objectives underlying this Agreement
1. The Parties hereby undertake to promote responsible fish-
ing and sustainable exploitation of fisheries resources in Guinea-Bissaufishingzonesbasedontheprincipleofnon-discriminationbetween the different fleets fishing in those waters.
2. ThePartiesundertaketoestablishtheprinciplesofdialogue
and of prior consultations, in particular as regards implementa-tion of Guinea-Bissau’s sectoral fisheries policy on the one handand of Community policies and measures which could have animpact on the Guinea-Bissau fishing industry on the other.
3. ThePartiesherebyundertaketoensurethatthisAgreement
is implemented in accordance with the principles of good eco-nomic and social governance.
4. The Parties shall also cooperate in carrying out ex-ante,
ongoing and ex-postevaluations of measures, programmes and
actions for the implementation of this Agreement.
5. Inparticular,theemploymentofGuinea-Bissauand/orACP
seamen on board Community vessels shall be governed by theInternational Labour Organisation (ILO) Declaration on Funda-mental Principles and Rights at Work, which shall apply as ofrighttothecorrespondingcontractsandgeneraltermsofemploy-ment. This concerns in particular the freedom of association andthe effective recognition of the right to collective bargaining, andthe elimination of discrimination in respect of employment andoccupation.
Article 4
Scientific cooperation
1. DuringtheperiodcoveredbythisAgreement,theCommu-
nity and Guinea-Bissau shall endeavour to monitor the evolutionof resources in the Guinea-Bissau fishing zone. A joint scientificmeetingshallbeheldannuallytothatend,alternatelyintheCom-munity and in Guinea-Bissau.L 342/6
EN Official Journal of the European Union 27.12.2007
2. The two Parties, on the basis of the conclusions of the
annualscientificmeetingandinthelightofthebestavailablesci-entific advice and the recommendations and resolutions adoptedinparticularwithintheInternationalCommissionfortheConser-vation of Atlantic Tunas (ICCAT), the Fishery Committee for theEastern Central Atlantic (CECAF) or any other regional or inter-national organisation in this area of which the two Parties aremembers or in which they are represented, shall consult eachotherwithintheJointCommitteeprovidedforinArticle10oftheAgreement and adopt, where appropriate and by mutual agree-ment, measures to ensure the sustainable management of fisher-ies resources.
3. ThePartiesundertaketoconsultoneother,eitherdirectlyor
within the competent international or regional organisations, toensure the management and conservation of fisheries resources,andtocooperateinimplementingtherelevantscientificresearch.
Article 5
Access by Community vessels to fisheries in Guinea-Bissau
fishing zones
1. The fishing activities governed by this Agreement shall be
subjecttothelawsandregulationsinforceinGuinea-Bissau.ThecompetentGuinea-BissauauthoritiesshallnotifytheCommissionof any amendments to that legislation. Without prejudice to anyprovisions which might be agreed between the Parties, Commu-nity vessels shall comply with such amendments within onemonth of their notification.
2. Guinea-Bissau undertakes to authorise Community vessels
to engage in fishing activities in its fishing zones in accordancewiththisAgreement,includingtheProtocolandAnnexesthereto.
3. Guinea-Bissau shall ensure the effective implementation of
the fisheries control provisions in the Protocol. Community ves-selsshallcooperatewiththeGuinea-Bissauauthoritiesresponsiblefor carrying out such control.
4. TheCommunityundertakestotakealltheappropriatesteps
required to ensure that its vessels comply with this Agreementand the legislation governing fisheries in the waters over whichGuinea-Bissau has jurisdiction, in accordance with the UnitedNations Convention on the Law of the Sea.
Article 6
Conditions governing fishing activities
1. CommunityvesselsmayfishinGuinea-Bissaufishingzones
onlyiftheyareinpossessionofafishinglicenceissuedunderthisAgreement. The exercise of fishing activities by Community ves-selsshallbesubjecttotheholdingofalicenceissuedbythecom-petent Guinea-Bissau authorities at the request of the competentCommunity authorities. The procedures for the issue of licencesandforthepaymentoffeesandcontributionstoscientificobserv-ers’ expenses, and other conditions to which fishing activities byCommunityvesselsinGuinea-Bissaufishingzonesaresubject,areset out in the Annexes hereto.2. For fishing categories not covered by the Protocol in force,
andforexploratoryfishing,theMinistrymaygrantfishingautho-risations to Community vessels. However, the granting of theselicencesremainsdependentonafavourableopinionfromthetwoParties.
3. The Protocol to this Agreement sets out the fishing oppor-
tunities granted by Guinea-Bissau to Community vessels inGuinea-Bissau fishing zones and the financial contributionreferred to in Article 7 of this Agreement.
4. ThePartiesshallensuretheproperimplementationofthese
procedures and conditions by appropriate administrative coop-eration between their competent authorities.
Article 7
Financial contribution
1. The Community shall grant Guinea-Bissau a financial con-
tribution in accordance with the terms and conditions laid downin the Protocol and Annexes. This single contribution shall bebased on two elements, namely:
(a) a financial contribution due for access by Community ves-
sels to Guinea-Bissau fishing zones, without prejudice to thefees due by Community vessels to obtain licences;
(b) Community financial support for implementing a national
fisheries policy based on responsible fishing and on the sus-tainable exploitation of fisheries resources in Guinea-Bissauwaters.
2. The financial support referred to in paragraph 1(b) shall be
determined by mutual agreement in accordance with the Proto-col in the light of objectives identified by the two Parties to beachieved in the context of the sectoral fisheries policy in
Guinea-Bissau.
3. ThefinancialcontributiongrantedbytheCommunityshall
be paid each year in accordance with the Protocol and subject tothisAgreementandtheProtocolintheeventofanychangetotheamount of the contribution as a result of:
(a) serious circumstances, other than natural phenomena, pre-
venting fishing activities in Guinea-Bissau waters;
(b) a reduction in the fishing opportunities granted to Commu-
nity vessels, made by mutual agreement for the purposes ofmanagingthestocksconcerned,wherethisisconsiderednec-essary for the conservation and sustainable exploitation ofresources on the basis of the best available scientific advice;
(c) an increase in the fishing opportunities granted to Commu-
nity vessels, made by mutual agreement between the Partieswhere the best available scientific advice concurs that thestate of resources so permits;27.12.2007
EN Official Journal of the European Union L 342/7
(d) areassessmentofthetermsofCommunityfinancialsupport
forimplementingasectoralfisheriespolicyinGuinea-Bissau,wherethisiswarrantedbytheresultsoftheannualandmul-tiannual programming observed by both Parties;
(e) termination of this Agreement under Article 14;(f) suspension of the application of this Agreement under
Article 15 or the Protocol.
Article 8
Promoting cooperation among economic operators
1. ThePartiesshallencourageeconomic,scientificandtechni-
cal cooperation in the fisheries sector and related sectors. Theyshall consult one another with a view to coordinating the differ-ent measures that might be taken to this end.
2. The Parties shall encourage exchanges of information on
fishingtechniquesandgear,preservationmethodsandtheindus-trial processing of fishery products.
3. The Parties shall endeavour to create conditions favourable
to the promotion of relations between their enterprises in thetechnical,economicandcommercialspheres,byencouragingtheestablishment of an environment favourable to the developmentof business and investment.
4. The Parties shall encourage, in particular, the promotion of
investments in their mutual interest, in compliance with Guinea-Bissau and Community law.
Article 9
Administrative cooperation
TheParties,desirousofensuringtheeffectivenessofthemeasures
for the development and conservation of fishery resources, shall:
— develop administrative cooperation with a view to ensuring
that their vessels comply with the provisions of this Agree-mentandwithGuinea-Bissau’sseafisheriesrules,eachonitsown behalf,
— cooperate to prevent and combat illegal, undeclared and
unregulated fishing, in particular through the exchange ofinformation and close administrative cooperation.
Article 10
Joint Committee
1. A Joint Committee set up between the two Parties shall be
responsibleformonitoringtheapplicationofthisAgreement.TheJoint Committee shall perform the following functions:(a) monitoring the performance, interpretation and smooth
operationoftheapplicationoftheAgreement,andthesettle-ment of disputes;
(b) monitoringandevaluatingtheimplementationofthecontri-
bution of the Fisheries Partnership Agreement to the imple-mentation of Guinea-Bissau’s sectoral fisheries policy;
(c) providingthenecessaryliaisonformattersofmutualinterest
relating to fisheries;
(d) actingasaforumfortheamicablesettlementofanydisputes
regardingtheinterpretationorapplicationoftheAgreement;
(e) reassessing, where necessary, the level of fishing opportuni-
ties and, consequently, of the financial contribution;
(f) fixingthepracticalarrangementsfortheadministrativecoop-
eration provided for in Article 9 of this Agreement;
(g) monitoring and evaluating the cooperation between eco-
nomicoperatorsasreferredtoinArticle8ofthisAgreementand proposing, where necessary, ways of promoting it;
(h) any other function that the Parties decide by mutual agree-
menttoconferonit,includingwithregardtocombatingille-gal fishing and administrative cooperation.
2. The Joint Committee shall meet at least once a year, alter-
nately in Guinea-Bissau and in the Community, and shall bechaired by the Party hosting the meeting. It shall hold a specialmeeting at the request of either of the Parties.
Article 11
Area of application
ThisAgreementshallapply,ontheonehand,totheterritoriesin
which the Treaty establishing the European Community applies,under the conditions laid down in that Treaty, and, on the other,to the territory of Guinea-Bissau and the waters under Guinea-Bissau jurisdiction.
Article 12
Duration
This Agreement shall apply for four years from the date of its
entryintoforce.Itshallberenewableforfour-yearperiodsunlessnotice of termination is given in accordance with Article 14.
Article 13
Settlement of disputes
The Parties shall consult each other within the Joint Committee
on any dispute concerning the application of this Agreement.L 342/8
EN Official Journal of the European Union 27.12.2007
Article 14
Termination
1. This Agreement may be terminated by either Party in the
event of unusual circumstances such as the degradation of thestocksconcerned,thediscoveryofareducedlevelofexploitationofthefishingopportunitiesgrantedtoCommunityvessels,orfail-uretocomplywithundertakingsmadebythePartieswithregardto combating illegal, unreported and unregulated fishing.
2. The Party concerned shall notify the other Party in writing
of its intention to terminate the Agreement at least six monthsbefore the date of expiry of the initial period or each additionalperiod.
3. Dispatchofthenotificationreferredtoinparagraph2shall
open consultations by the Parties.
4. PaymentofthefinancialcontributionreferredtoinArticle7
fortheyearinwhichtheterminationtakeseffectshallbereducedproportionately and pro rata temporis .
Article 15
Suspension
1. ApplicationofthisAgreementmaybesuspendedattheini-
tiativeofoneofthePartiesintheeventofaseriousdisagreementas to the application of provisions laid down in the Agreement.Suspension of application of the Agreement shall require theinterested Party to notify its intention in writing at least threemonthsbeforethedateonwhichsuspensionisduetotakeeffect.On receipt of this notification, the Parties shall enter into consul-tations with a view to resolving their differences amicably.
2. PaymentofthefinancialcontributionreferredtoinArticle7
shall be reduced proportionately and pro rata temporis , according
tothedurationofthesuspension,withoutprejudicetoArticle9(4)of the Protocol.Article 16
Protocol and Annexes
TheProtocol,theAnnexesandtheAppendicestheretoshallform
an integral part of this Agreement.
Article 17
National law
The activities of Community vessels operating in Guinea-Bissau
waters shall be governed by the applicable law in Guinea-Bissau,unlessotherwiseprovidedintheAgreement,thisProtocolandtheAnnex and Appendices thereto.
Article 18
Repeal
Onthedateofitsentryintoforce,thisAgreementshallrepealand
replacestheAgreementbetweentheGovernmentoftheRepublicof Guinea-Bissau and the European Economic Community onfishingoffthecoastofGuinea-Bissauwhichenteredintoforceon29 August 1980.
However, the Protocol setting out for the period from 16 June
2007 to 15 June 2011 the fishing opportunities and financialcontributionprovidedforintheAgreementshallremaininforceduring the period referred to in Article 1(1) thereof and shallbecome an integral part of this Agreement.
Article 19
Entry into force
ThisAgreement,drawnupinduplicateintheBulgarian,Spanish,
Czech,Danish,German,Estonian,Greek,English,French,Italian,Latvian, Lithuanian, Hungarian, Maltese, Dutch, Polish, Portu-guese, Romanian, Slovak, Slovenian, Finnish and Swedish lan-guages,eachofthesetextsbeingequallyauthentic,shallenterintoforceonthedateonwhichthePartiesnotifyeachotherthattheyhave completed the necessary procedures to that end.27.12.2007 EN Official Journal of the European Union L 342/9
PROTOCOL
setting out the fishing opportunities and financial contribution provid ed for in the Fisheries
PartnershipAgreementbetweentheEuropeanCommunityandtheRepublicof Guinea-Bissauforthe
period 16 June 2007 to 15 June 2011
Article 1
Period of application and fishing opportunities
1. For a period of four years from 16 June 2007, the fishing
opportunities granted pursuant to Articles 5 and 6 of the Agree-ment shall be as follows:
— crustaceans and demersal species:
(a) freezer shrimp trawlers: 4 400 GRT per year;(b) freezer,fin-fishandcephalopodtrawlers:4400GRTper
year;
— highly migratory species (species listed in Annex 1 to the
1982 United Nations Convention):
(c) freezer tuna seiners and longliners: 23 vessels,(d) pole-and-line tuna vessels: 14 vessels,
2. Paragraph 1 shall apply subject to Articles 5 and 6 of this
Protocol.
3. Under Article 6 of the Agreement, vessels flying the flag of
aMemberStateoftheEuropeanCommunitymayfishinGuinea-Bissau fishing zones only if they are in possession of a fishinglicenceissuedunderthisProtocolinaccordancewiththeAnnexeshereto.
Article 2
Financial contribution and specific contribution —
Methods of payment
1. The financial contribution referred to in Article 7 of the
Agreementshallbefixed,fortheperiodreferredtoinArticle1ofthis Protocol, at EUR 7 million per year.
2. However,iftheuseofthefishingopportunitiesprovidedfor
in Article 1(1)(a) and (b) of this Protocol by Community vesselsimproves, the Community shall grant an additional amount toGuinea-Bissauproportionatetotheincreaseintheuseofthefish-ingopportunities,withinthelimitsofthefishingopportunitiessetby this Protocol and up to a maximum EUR 1 million per year.The two Parties shall agree, within the Joint Committee, and nolaterthanthreemonthsaftertheentryintoforceofthisProtocol,todeterminethereferenceperiod,thebaseindexandthespecificpayment mechanisms.
3. Paragraph 1 shall apply subject to Articles 5, 6, 7, 8, 9, 11
and 12 of this Protocol.4. TheCommunityshallpaythefinancialcontributionfixedin
paragraph 1 no later than 30 April 2008 in the first year and nolater than 15 June in the following years.
5. Subject to Article 8 of this Protocol, the allocation of this
contributionshallbedecidedwithintheframeworkoftheGuinea-BissaufinanceactandtheGuinea-Bissauauthoritiesshallhavefulldiscretion regarding the use to which it is put.
6. Inadditiontotheamountreferredtoinparagraph1,aspe-
cificcontributionfromtheCommunityofEUR500 000peryearshallbededicatedtotheintroductionofahealthandplanthealthsystemforfisheryproducts.HoweverthetwoPartiesmay,wherenecessary, decide to allocate part of this specific contribution tostrengthening monitoring, control and surveillance in Guinea-Bissaufishingzones.Thiscontributionshallbemanagedinaccor-dance with Article 3 of this Protocol.
7. Without prejudice to Article 3 of this Protocol, the specific
contributionreferredtoinparagraph6shallbepaidnolaterthan30 April 2008 in the first year and no later than 15 June in thefollowing years.
8. ThepaymentsprovidedforinthisArticleshallbepaidinto
aPublicTreasuryaccountopenedatGuinea-Bissau’scentralbank,thereferencesofwhichshallbenotifiedeachyearbytheMinistry.
Article 3
Specific contribution to help improve the health and
plant-health conditions of fishery products and to fisheries
monitoring, control and surveillance
1. ThespecificcontributionfromtheCommunitymentionedin
Article 2(6) of this Protocol shall be put towards helping thefisheries sector achieve compliance with health standardsand, where necessary, towards Guinea-Bissau’s monitoring,control and surveillance policy.
2. Guinea-Bissau shall be responsible for the management of
thecorrespondingamount,basedontheidentificationbythetwoParties,bymutualagreement,ofthemeasurestobecar-ried out and the annual and multiannual programming toattain them.
3. WithoutprejudicetotheobjectivesidentifiedbythetwoPar-
tiesandinaccordancewithArticles8and9ofthisProtocol,the Parties agree to focus on:
(a) measures which aim to improve the health and plant-
healthconditionsoffisheryproducts,includingbuildingup the competent authority, bringing the Centro de
Investigação Pesqueira Apliquada (CIPA) up to standards
(ISO 9000), training staff and achieving compliancein the necessary legal framework;L 342/10
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and, where necessary,
(b) support measures for fisheries monitoring, control and
surveillance, including surveillance of Guinea-Bissauwaters by sea and by air, setting up a satellite vesselmonitoring system (VMS) and improving the legalframework and its application in the event ofinfringements.
4. A detailed annual report shall be submitted for approval to
the Joint Committee provided for in Article 10 of theAgreement.
5. However, the Community reserves the right to suspend pay-
mentofthespecificcontributionprovidedforinArticle2(6)ofthisProtocol,fromthefirstyearofapplicationofthePro-tocol, in the event of disputes concerning the programmingof measures or where the results obtained, except in excep-tionalcircumstances,donotcomplywiththeprogramming.
Article 4
Scientific cooperation
1. ThetwoPartiesundertaketopromoteresponsiblefishingin
the Guinea-Bissau fishing zone on the basis of the principles ofsustainablemanagement,inparticularbypromotingcooperationatsubregionallevelonresponsiblefishing,particularlywithintheSubregional Fisheries Commission (CSRP).
2. During the period covered by this Protocol, the two Parties
shall cooperate to develop certain issues relating to the state ofresources in Guinea-Bissau fishing zones; to this end a Joint Sci-entific Committee shall meet at least once a year, in accordancewith Article 4(1) of the Agreement. At the request of one of theParties and where needed within the framework of this Agree-ment, other meetings of this Joint Scientific Committee may alsobe convened.
3. The two Parties, on the basis of the conclusions of the
annual joint scientific meeting and of the recommendations andresolutions adopted within the International Commission for theConservation of Atlantic Tunas (ICCAT), the Fishery Committeefor the Eastern Central Atlantic (CECAF) or any other regional orinternationalorganisationinthisareaofwhichthetwoPartiesaremembers or in which they are represented, shall consult eachotherwithintheJointCommitteeprovidedforinArticle10oftheAgreement and adopt, where appropriate and by mutual agree-ment, measures to ensure the sustainable management of fisher-ies resources.
Article 5
Review of fishing opportunities
1. The fishing opportunities referred to in Article 1 may be
increased by mutual agreement provided that the conclusions oftheannualjointscientificmeetingreferredtoinArticle4(2)oftheAgreement confirm that such an increase will not endanger thesustainable management of Guinea-Bissau resources. In this casethe financial contribution referred to in Article 2(1) shall beincreasedproportionatelyand proratatemporis .However,thetotal
amountofthefinancialcontributionpaidbytheEuropeanCom-munity shall not be more than twice the amount indicated inArticle 2(1).2. Conversely,ifthePartiesagreetoadoptmeasuresasreferred
toinArticle4(2)oftheAgreementresultinginareductioninthefishing opportunities provided for in Article 1, the financial con-tribution shall be reduced proportionally and pro rata temporis .
WithoutprejudicetoArticle8ofthisProtocol,thisfinancialcon-tribution could be suspended by the Community if it is not pos-sibletousethefishingopportunitiesprovidedforinthisProtocol.
3. The allocation of the fishing opportunities among different
categories of vessels may also be reviewed by mutual agreementbetween the Parties, provided that any changes comply with anyrecommendations made by the annual joint scientific meetingregarding the management of stocks liable to be affected by suchredistribution.ThePartiesshallagreeonthecorrespondingadjust-ment of the financial contribution where the redistribution offishing opportunities so warrants.
4. The adjustments of fishing opportunities provided for in
paragraphs 1, 2 and 3 shall be decided by mutual agreementbetween the two Parties in the Joint Committee provided for inArticle 10 of the Agreement.
Article 6
New and exploratory fishing opportunities
1. ShouldCommunityvesselsbeinterestedinfishingactivities
whicharenotindicatedinArticle1ofthisProtocol,theCommu-nityshallconsultGuinea-Bissauinordertoseekauthorisationforthesenewactivities.Whereappropriate,thePartiesshallagreeonthe conditions applicable to these new fishing opportunities and,ifnecessary,makeamendmentstothisProtocolandtotheAnnexhereto.
2. The Parties may carry out exploratory fishing trips in
Guinea-Bissau fishing zones, subject to an opinion by the jointscientific committee provided for in Article 4 of the Agreement.To this end, they shall hold consultations whenever one of thePartiessorequestsanddetermine,onacase-by-casebasis,relevantnew resources, conditions and other parameters.
3. Exploratory fishing authorisations shall be granted for test-
ing purposes for a period of no more than six months.
4. WherethePartiesconcludethattheexploratoryfishingtrips
have produced positive results, while preserving ecosystems andconserving living marine resources, new fishing opportunitiesmay be awarded to Community vessels following the consulta-tionprocedureprovidedforinArticle5ofthisProtocolanduntilthe expiry of the Protocol and in accordance with the allowableeffort.Thefinancialcontributionshallbeincreasedinaccordancewith Article 5 of this Protocol.27.12.2007
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5. Catches made during exploratory fishing shall be the prop-
ertyoftheshipowner.Catchesofspeciesofanon-regulatorysizeandspecieswhichmaynotbefished,kepton-boardorsoldunderGuinea-Bissau law shall be prohibited.
Article 7
Suspension and review of the payment of the financial
contribution in the event of unusual circumstances
1. Where unusual circumstances, other than natural phenom-
ena, prevent fishing activities in the Guinea-Bissau exclusive eco-nomic zone (EEZ), the European Community may suspendpayment of the financial contribution and the specific contribu-tion provided for in Article 2(1) of this Protocol. The suspensiondecision shall be taken following consultations between the twoParties within a period of two months following the request ofone of the Parties, and provided that the Community has paid infull any amounts due at the time of suspension.
2. Payment of the financial contribution and of the specific
contribution referred to in Article 2 of this Protocol shall resumeas soon as the Parties find, by mutual agreement following con-sultations,thatthecircumstancespreventingfishingactivitiesareno longer present and/or that the situation allows a resumptionof fishing activities.
3. Where the validity of the licences granted to Community
vesselsissuspendedalongwiththepaymentofthefinancialcon-tribution,itshallbeextendedbyaperiodequaltotheperioddur-ing which fishing activities were suspended.
Article 8
Contribution of the Fisheries Partnership Agreement to
the implementation of Guinea-Bissau’s sectoral fisheries
policy
1. A share of 35 % of the financial contribution referred to in
Article 2(1) of this Protocol (i.e. EUR 2 450 000) shall be puttowards defining and implementing a sectoral fisheries policy inGuinea-Bissauwithaviewtointroducingsustainableandrespon-sible fishing in its waters.
2. Guinea-Bissau shall be responsible for the management of
thecorrespondingamount,basedontheidentificationbythetwoParties, by mutual agreement, of the objective to be achieve andthe annual and multiannual programming to attain them, in par-ticular as regards the sound management of fisheries resources,strengthening scientific research and the monitoring capacity ofthecompetentGuinea-Bissauauthorities,andimprovingproduc-tion conditions for fishery products.
3. Without prejudice to the objectives identified by the two
PartiesandinaccordancewiththeprioritiesoftheStrategyofsus-tainabledevelopmentofGuinea-Bissau’sfisheriessectorandwitha view to ensuring sustainable and responsible management ofthe sector, the two Parties agree to focus on the following areasof assistance: monitoring, control and surveillance of fishingactivities,scientificresearchandmanagementanddevelopmentoffisheries.Article 9
Methods of implementing the support for Guinea-Bissau’s
sectoral fisheries policy
1. WithoutprejudicetoArticle8(3)ofthisProtocol,theEuro-
pean Community and the Ministry shall agree, within the JointCommitteeprovidedforinArticle10oftheAgreement,andfromthe entry into force of the Protocol, on:
(a) the annual and multiannual guidelines steering the imple-
mentation of the priorities of Guinea-Bissau fisheries policyaiming to introduce responsible fishing, and in particularthose referred to in Article 8(2) of this Protocol;
(b) theannualandmultiannualobjectivestobeachievedandthe
criteria and indicators to be used to permit an evaluation ofthe results obtained, on an annual basis. Annex IV heretoprovides a basic outline of the objectives and performanceindicators to be taken into account within the framework ofthe Protocol.
2. Anyamendmentoftheseguidelines,objectives,criteriaand
evaluation indicators shall be approved by the two Parties withinthe Joint Committee.
3. For the first year, the allocation by Guinea-Bissau of the
financial support referred to in Article 8(1) of this Protocol shallbe communicated to the European Community when the guide-lines, objectives, criteria and evaluation indicators are approvedwithin the Joint Committee.
4. Eachyear,theMinistryshallcommunicatethisallocationto
the European Community no later than four months after theentryintoforceofthisProtocolinthefirstyearandnolaterthan15 June in the following years.
5. The annual report on the implementation of the measures
programmed and financed, the results obtained and any difficul-ties encountered shall be submitted to the Joint Committee pro-vided for in Article 10 of the Agreement for approval.
6. However, the European Community reserves the right to
adapt or suspend payment of the amount fixed in Article 8(1) ofthis Protocol, where the annual evaluation of the actual resultsachieved in terms of implementing the fisheries policy at thatpoint so warrants, and following consultations within the JointCommittee.
Article 10
Economic integration of Community operators in the
Guinea-Bissau fisheries sector
1. ThePartiesundertaketopromotetheeconomicintegration
of Community operators into the fishing industry in Guinea-Bissau as a whole.
2. The Parties undertake to promote the setting up of joint
ventures between Community operators and Guinea-Bissauoperatorswithaviewtothejointexploitationoffisheryresourcesin the Guinea-Bissau exclusive economic zone (EEZ).L 342/12
EN Official Journal of the European Union 27.12.2007
3. ‘Jointventures’meansanyassociationsetuponthebasisof
acontractualagreementoflimiteddurationbetweenCommunityshipownersandphysicalorlegalpersonsinGuinea-Bissauforthepurpose of jointly fishing for and exploiting Guinea-Bissau fish-ing quotas using one or more vessels flying the flag of a MemberStateoftheEuropeanCommunityandsharingthecostprofitsorlosses of the economic activity jointly undertaken.
4. Guinea-Bissau shall award the authorisation required to
allowjointventuressetupfortheexploitationoffisheryresourcesto operate in its fishing zones.
5. Communityvesselswhichhavedecidedtosetupjointven-
turesundertheProtocolinforceforthefishingcategoriesreferredto in Article 1(1)(a) and (b) of this Protocol will be exempt fromthe payment of licence fees. Moreover, from the third year ofapplication of the Protocol, Guinea-Bissau shall make financialsupport available for setting up such joint ventures. The totalamountofsuchsupportshallnotexceed20 %ofthetotalamountof fees paid by shipowners under this Protocol.
6. The Joint Committee shall decide the financial and techni-
cal provisions allowing for the implementation of this financialsupport and the promotion of joint ventures within the frame-work of this Protocol.
Article 11
Disputes — suspension of application of the Protocol
1. Any dispute between the Parties over the interpretation of
this Protocol and its Annexes or its application shall be the sub-ject of consultations between the Parties within the Joint Com-mittee, in a special meeting if necessary.
2. Application of the Protocol may be suspended at the initia-
tive of one of the Parties if the dispute between the two Parties isdeemedtobeseriousandiftheconsultationsheldwithintheJointCommittee under the above paragraph 1 have not resulted in anamicable settlement.
3. Suspension of application of this Protocol shall require the
interested Party to notify its intention in writing at least threemonthsbeforethedateonwhichsuspensionisduetotakeeffect.
4. Intheeventofsuspension,thePartiesshallcontinuetocon-
sultwithaviewtofindinganamicablesettlementtotheirdispute.As soon as an amicable settlement is reached, application of theProtocol shall resume and the amount of the financial contribu-tionshallbereducedproportionatelyand proratatemporis accord-
ing to the period during which application of the Protocol wassuspended.Article 12
Suspension of application of the Protocol for failure to
implement Guinea-Bissau’s undertakings on responsible
and sustainable fishing
Subject to Article 4 of this Protocol, if Guinea-Bissau fails to
honouritsundertakingtoworktowardsresponsibleandsustain-able fishing, in particular by complying with annual fisheriesmanagement plans drawn up by the Government of Guinea-Bissau, application of this Protocol may be suspended in accor-dance with Article 11(3) and (4).
ForthefirstyearofapplicationoftheProtocol,thefisheriesman-
agementplanshallbeassetoutinAnnexIIItothisProtocol.TheParties shall abide by the updated fisheries plan in each subse-quentyearwithintheframeworkoftheJointCommitteeprovidedfor in Article 10 of the Agreement.
Article 13
Suspension of application of this Protocol on grounds of
non-payment
Subject to Article 4 of this Protocol, if the European Community
fails to make the payments provided for in Article 2, applicationof this Protocol may be suspended on the following terms:
(a) the competent Guinea-Bissau authorities shall notify the
European Commission of the non-payment. The Commis-sion shall carry out the necessary checks and, where neces-sary,transmitthepaymentwithinnomorethan30workingdays 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 paragraph (a)above, the competent Guinea-Bissau authorities shall beentitled to suspend application of this Protocol. They shallinform the European Commission of such action forthwith.
ApplicationofthisProtocolshallresumeassoonasthepayments
concerned have been made.
Article 14
Repeal
ThisProtocolanditsAnnexesrepealandreplacethecurrentfish-
eries Protocol between the European Economic Community andGuinea-Bissau on fishing off the coast of Guinea-Bissau.
Article 15
Entry into force
1. This Protocol with its Annexes shall enter into force on the
date on which the Parties notify each other of the completion ofthe procedures necessary for that purpose.
2. They shall apply with effect from 16 June 2007.27.12.2007 EN Official Journal of the European Union L 342/13
ANNEX I
CONDITIONS GOVERNING FISHING ACTIVITIES BY COMMUNITY VESSELS IN THE GUIN EA-BISSAU
FISHING ZONE
CHAPTER I
Application for and issue of licences
SECTION 1
General provisions applicable to all vessels
1. Only eligible vessels may obtain a licence to fish in the Guinea-Bissau f ishing zone.
2. For a vessel to be eligible, neither the owner, the master nor the vessel i tself must be prohibited from fishing in
Guinea-Bissau. They must be in order vis-à-vis the Guinea-Bissau authori ties insofar as they must have fulfilled all
priorobligationsarisingfromtheirfishingactivitiesinGuinea-Bissa uunderfisheriesagreementsconcludedwiththe
Community.
3. AnyCommunityvesselapplyingforafishinglicencemayberepresentedb yanagentresidentinGuinea-Bissau.The
name and address of that representative shall be stated in the licence appl ication.
4. TherelevantCommunityauthoritiesshallpresenttotheMinistry,viat heDelegationoftheEuropeanCommissionto
Guinea-Bissau an application for each vessel wishing to fish under the Agr eement at least 20 days before the date of
commencement of the period of validity requested.
5. Applications shall be made to the Ministry on the forms provided for that purpose by the Government of Guinea-
Bissau,aspecimenofwhichisattached(Appendix1).TheGuinea-Bissauau thoritiesshalltakeallthenecessarysteps
toensurethatthedatareceivedaspartofthelicenceapplicationistreat edasconfidential.Thisdatawillbeusedexclu-
sively in the context of the implementation of the Fisheries Agreement.
6. All licence applications shall be accompanied by the following documen ts:
— proof of payment of the fee for the period of validity of the licence and of t he amount provided for in Chap-
ter VII, point 13,
— any other documents or certificates required under the specific rules ap plicable to the type of vessel concerned
pursuant to this Protocol.
7. The fee shall be paid into the account specified by the Guinea-Bissau aut horities.
8. The fees shall include all national and local charges with the exception of port taxes and service charges.
9. Licencesforallvesselsshallbeissuedtoshipownersortheirrepresen tativesviatheDelegationoftheEuropeanCom-
missiontoGuinea-Bissauwithin20workingdaysofreceiptofallthedocum entsreferredtoinpoint6abovebythe
Ministry.
10. If a licence is signed at a time when the offices of the Delegation of the E uropean Commission are closed, it shall be
sent direct to the vessel’s agent and a copy shall be sent to the Delegation.
11. Licences shall be issued for a specific vessel and shall not be transfer able.
12. However, at the request of the European Community and where force majeure is proven, a vessel’s licence shall be
replacedbyanewlicenceforanothervesselwithsimilarcharacteristics tothoseofthefirstvessel,withnofurtherfee
due.However,ifthegrossregisteredtonnage(GRT)ofthereplacementves selisabovethatofthevesseltobereplaced,
the difference in fee shall be paid pro rata temporis .
13. The owner of the first vessel, or his or her representative, shall retur n the cancelled licence to the Ministry via the
Delegation of the European Commission.L 342/14 EN Official Journal of the European Union 27.12.2007
14. The new licence shall take effect on the day that the vessel’s owner retu rns the cancelled licence to the Ministry. The
Delegation of the European Commission to Guinea-Bissau shall be informed of the licence transfer.
15. The licence must be kept on board at all times, without prejudice to poin t 1 of Section 2 of Chapter I of this Annex.
16. ThetwoPartiesshallseekagreementforthepurposesofpromotingthei ntroductionofalicencesystembasedexclu-
sively on the electronic exchange of all the information and documents des cribed above. The two Parties shall seek
agreementforthepurposesofpromotingtherapidreplacementofthepaper licencebyanelectronicequivalentsuch
as the list of vessels authorised to fish in Guinea-Bissau’s fishing zone.
17. The Parties, acting in the Joint Committee, undertake to replace all re ferences to GRT with GT and to adapt all the
provisions affected thereby accordingly. This replacement shall be prec eded by appropriate technical consultations
between the Parties.
SECTION 2
Special provisions applicable to tuna vessels and surface longliners
1. The licence must be held on board at all times. The European Community sha ll keep an up-to-date draft list of the
vesselsforwhichafishinglicencehasbeenappliedforunderthisProtoco l.ThisdraftshallbenotifiedtotheGuinea-
Bissauauthoritiesassoonasitisdrawnup,andtheneachtimeitisupdated .Onreceiptofthisdraftlistandofnoti-
fication of payment of the advance sent to the Guinea-Bissau authorities b y the Commission, the vessel shall be
enteredbythecompetentGuinea-Bissauauthorityonalistofvesselsauth orisedtofish,whichshallbenotifiedtothe
authoritiesresponsibleforfisheriesinspectionandtotheDelegationo ftheEuropeanCommissiontoGuinea-Bissau.
AcertifiedcopyofthislistshallthenbesentbytheDelegationoftheEuro peanCommissiontotheshipownertobe
kept on board instead of the fishing licence until the licence has been issu ed by the competent Guinea-Bissau
authority.
2. Licences shall be valid for a period of one year. They shall be renewable.3. Fees shall be calculated for each vessel on the basis of the annual rates l aid down in the datasheets attached to the
Protocol. In the case of three-month and six-month licences, the fees shal l be calculated pro rata temporis , plus 3 %
and 2 % respectively to cover recurrent costs in drawing up the licences.
4. Licencesshallbeissuedoncethefixedamountsunderthecorresponding datasheetshavebeenpaidtothecompetent
national authorities.
5. The final statement of the fees due for the current year shall be drawn up b y the European Commission by 15 June
of the following year at the latest on the basis of the catch declarations ma de by each shipowner and confirmed by
the scientific institutes responsible for verifying catch data in the Mem ber States, such as the Institut de Recherche
pour le Développement (IRD), the Instituto Español de Oceanografía (IEO) and the Instituto Português de Investi-
gaçao Maritima (IPIMAR) via the Delegation of the European Commission.
6. The statement shall be sent simultaneously to the Ministry and to the shi powners.
7. Any additional payments shall be made by the shipowners to the competent Guinea-Bissau national authorities by
31Julyoftheyearinwhichthefinalstatementoffeesisdrawnupatthelate st,intotheaccountreferredtoinpoint7
of Section 1 of this Chapter.
8. However,iftheamountofthefinalstatementislowerthantheadvancefi xedinpoint3ofthisSection,theresulting
balance shall not be reimbursable to the shipowner.
SECTION 3
Special provisions for trawlers
1. In addition to the documents referred to in point 6 of Section 1 of this Cha pter, all licence applications for vessels
covered by this Section must be accompanied by:
— a certified copy of the document drawn up by the Member State certifying th e vessel’s tonnage in GRT, and,
— a certificate of conformity issued by the Ministry following the technic al inspection of the vessel in accordance
with point 3,2 of Chapter VIII.27.12.2007 EN Official Journal of the European Union L 342/15
2. Should a licence application be made in respect of a vessel which has alre ady had a licence under this Protocol and
the technical characteristics of which remain unchanged, this applicati on shall be presented to the Ministry via the
DelegationoftheEuropeanCommissioninBissau,accompaniedonlybythep roofofpaymentofthefeefortheperi-
ods in question and of the amount provided for in point 13 of Chapter VII. The Ministry shall authorise the new
licence, entering details of the first licence application submitted und er the Protocol in force.
3. The following twelve-month periods shall be used for determining the va lidity of the licences:
— first period: from 16 June 2007 to 31 December 2007,— second period: from 1 January 2008 to 31 December 2008,— third period: from 1 January 2009 to 31 December 2009,— fourth period: from 1 January 2010 to 31 December 2010,— fifth period: from 1 January 2011 to 15 June 2011.
4. Licences may not start running during one annual period and expire durin g the next.
5. A quarter shall consist of one of the three-month periods beginning 1 Jan uary, 1 April, 1 July or 1 October, except
for the first and last period of the Protocol which shall run from 16 June 200 7 to 30 September 2007 and from
1 April 2011 to 15 June 2011 respectively.
6. Licences shall be valid for one year, six months or three months. They sha ll be renewable.
7. Licences must be kept on board at all times.8. Fees shall be calculated for each vessel on the basis of the annual rates l aid down in the datasheets attached to the
Protocol. In the case of three-month and six-month licences, the fees shal l be calculated pro rata temporis , plus 3 %
and 2 % respectively to cover recurrent costs in drawing up the licences.
CHAPTER II
Fishing zones
Community vessels as referred to in Article 1 of the Protocol shall be autho rised to fish in waters beyond 12 nautical miles
from the base lines.
CHAPTER III
Catch reporting arrangements for vessels authorised to fish in guinea-bi ssau waters
1. For the purposes of this Annex, the duration of a trip by a Community vesse l shall be defined as follows:
— the period elapsing between entering and leaving Guinea-Bissau’s fishi ng zone, or,
— the period elapsing between entering the Guinea-Bissau fishing zone and a transhipment, or,
— the period elapsing between entering the Guinea-Bissau fishing zone and a landing in Guinea-Bissau.
2. All vessels authorised to fish in Guinea-Bissau waters under the Agreem ent shall be obliged to communicate their
catches to the Ministry in the following manner:
2.1. Declarations shall include the catches made by the vessel during each trip. They shall be sent to the Ministry by fax,
mail or e-mail, with a copy sent to the European Commission, via the Delegat ion of the European Commission to
Guinea-Bissau, at the end of each trip, and, in any case, before the vessel l eaves Guinea-Bissau waters. If this notifi-
cationissentbye-mail,electronicreceiptsshallbesentatoncetotheve sselbybothaddressees,withacopytoeach
other. In the case of tuna vessels, these declarations shall be sent at the e nd of each marketing year.L 342/16 EN Official Journal of the European Union 27.12.2007
2.2. The original of the declarations sent by fax or by e-mail during an annu al period of validity of the licence within the
meaning of point 2 of Section 2 of Chapter I in the case of tuna vessels, and po int 3 of Section 3 of Chapter I in the
case of trawlers shall be sent on a physical medium to the Ministry within 45 days following the end of the last trip
made during the period. Hard copies shall be sent to the Delegation of the Eu ropean Commission to Guinea-Bissau.
2.3. Tuna vessels and surface longliners shall declare their catches on th e corresponding form in the logbook, in accor-
dance with the specimen in Appendix 2. The words ‘Outside the Guinea-Bissa u EEZ’ shall be entered in the logbook
in respect of periods during which the vessel is not in Guinea-Bissau water s.
2.4. Trawlers shall declare their catches on a form drawn up in accordance w ith the specimen in Appendix 3, stating the
total catches by species and calendar month or part thereof.
2.5. The forms shall be filled in legibly and signed by the master of the ship .
3. Where the provisions set out in this Chapter are not complied with, the Go vernment of Guinea-Bissau reserves the
right to suspend the licence of the offending vessel until the formalities have been completed and to apply the pen-
alty laid down in current Guinea-Bissau legislation and, in the event of a r ecurrence, not to renew the licence. The
European Commission shall be informed thereof.
The two Parties shall seek agreement for the purposes of establishing a sys tem of electronic exchange of this
information.
CHAPTER IV
By-catches
Thelevelofby-catchesforeachofthefisheriescoveredbytheProtocolsh allbefixedinaccordancewithGuinea-Bissauleg-
islation and specified in the datasheets for each category.
CHAPTER V
Embarking seamen
ShipownerswhohavebeenissuedfishinglicencesundertheAgreementshal lcontributetothepracticalvocationaltraining
ofGuinea-Bissaunationalsandtoanimprovementofthelabourmarket,sub jecttotheconditionsandlimitssetoutbelow.
1. Each trawler owner shall undertake to employ:
— three fishermen on vessels of less than 250 GRT,— four fishermen on vessels of 250 to 400 GRT,— five fishermen on vessels of 400 to 650 GRT,— six fishermen on vessels of more than 650 GRT.
2. Shipowners shall endeavour to take on board additional Guinea-Bissau s eamen.
3. Shipowners shall be free to select through their representatives the se amen they take on board their vessels.
4. The shipowner or agent shall inform the Ministry of the names of the Guine a-Bissau seamen signed on the vessel
concerned, mentioning their position in the crew.
5. The International Labour Organisation (ILO) Declaration on Fundament al Principles and Rights at Work shall apply
asofrighttoseamensignedonbyEUvessels.Thisconcernsinparticularth efreedomofassociationandtheeffective
recognitionoftherighttocollectivebargaining,andtheeliminationof discriminationinrespectofemploymentand
occupation.
6. TheemploymentcontractsofGuinea-Bissauseamen,acopyofwhichshall begiventothesignatories,shallbedrawn
up between the shipowners’ representative(s) and the seamen and/or their trade unions or representatives in consul-
tation with the Ministry. These contracts shall guarantee the seamen the s ocial security cover applicable to them,
including life assurance and sickness and accident insurance.27.12.2007 EN Official Journal of the European Union L 342/17
7. ThewagesoftheGuinea-Bissauseamenshallbepaidbytheshipowners.Th eyshallbefixed,beforelicencesareissued,
bymutualagreementbetweentheshipownersortheiragentsandthecompete ntauthoritiesofGuinea-Bissau.How-
ever, the wage conditions granted to Guinea-Bissau seamen shall not be low er than those applied to crews from
Guinea-Bissau and shall under no circumstances be below ILO standards.
8. AllseamenemployedaboardCommunityvesselsshallreporttothemaster ofthevesseldesignatedonthedaybefore
their proposed embarkation date. Where a seaman fails to report at the date and time agreed for embarkation, ship-
owners shall be automatically absolved of their obligation to take the sea man on board.
9. Where no Guinea-Bissau seamen are taken on board for reasons other than t hat referred to in the previous point,
shipownersshallbeobligedtopayassoonaspossibleaflat-rateamountfo rthefishingyearequivalenttothewages
of the seamen not taken on board.
10. Thissumshallbepaidintoaspecificaccountdesignatedinadvancebyt hecompetentGuinea-Bissauauthoritiesand
shall help fund public vocational training structures in the fisheries se ctor.
CHAPTER VI
Technical measures
1. Vessels fishing for highly migratory species shall comply with the meas ures and recommendations adopted by the
ICCAT regarding fishing gear and the technical specifications thereof an d all other technical measures applicable to
their fishing activities.
2. For trawlers, specific measures are set out in each of the corresponding datasheets.
3. Guinea-Bissaushallapplytheclosureoffisheriesorofafisheryforbi ologicalrecoveryinnon-discriminatoryfashion
to all vessels taking part in those fisheries, whether national, Communit y or flying the flag of a third country.
4. Based on an impact analysis, if it proves necessary, the two Parties shal l agree within the Joint Committee on any
corrective measures relating to biological recovery to be applied.
5. In the event that Guinea-Bissau is required to take emergency measures e ntailing the closure of a fishery outside the
period(s) referred to in point 3 above, or to extend the duration of closure beyond the period provided for, the Joint
Committee shall be convened to assess the impact of applying such measures to Community vessels.
6. Where application of points 4 and 5 above entails an increase in the perio d(s) of closure of fisheries, the two Parties
shall hold consultations within the Joint Committee in order to adjust the financial contribution to take account of
the reduced fishing opportunities for the Community resulting from such m easures.
CHAPTER VII
Observers on board trawlers
1. Vessels authorised to fish in Guinea-Bissau waters under the Agreement shall take on board observers appointed by
Guinea-Bissau on the terms set out below.
1.1. Each trawler shall take on board an observer appointed by the Ministry responsible for fisheries. In such cases, the
port of embarkation shall be determined by common agreement between the Mi nistry responsible for fisheries and
the shipowners or their representatives.
1.2. TheMinistryshalldrawupalistofvesselsdesignatedtotakeanobser veronboardandalistoftheappointedobserv-
ers. These lists shall be kept up to date. They shall be forwarded to the Euro pean Commission as soon as they have
been drawn up and every three months thereafter where they have been update d.
1.3. TheMinistryshallinformtheshipownersconcerned,ortheirreprese ntatives,ofthenameoftheobserverappointed
to be taken on board their vessel at the time the licence is issued.
2. ThetimespentonboardbyobserversshallbefixedbytheMinistry,but,a sageneralrule,itshallnotexceedthetime
required to carry out their duties. The Ministry shall inform the shipowne rs or their agents thereof when notifying
them of the name of the observer appointed to be taken on board the vessel con cerned.L 342/18 EN Official Journal of the European Union 27.12.2007
3. The conditions under which observers are taken on board shall be agreed b etween shipowners or their representa-
tives and the Guinea-Bissau authorities.
4. Observers shall be taken on board at the beginning of the first trip in the port of Guinea-Bissau and, if the licence is
renewed, at a port chosen by the shipowner.
5. Within two weeks and giving ten days’ notice, the shipowners concerned s hall make known at which ports and on
what dates they intend to take observers on board.
6. Where observers are taken on board in a foreign country, their travel cos ts shall be borne by the shipowner. Should
avesselwithaGuinea-BissauobserveronboardleavetheGuinea-Bissaufi shingzone,allmeasuresmustbetakento
ensure the observer’s return as soon as possible at the expense of the shipo wner.
7. Iftheobserverisnotpresentatthetimeandplaceagreedorwithinthetw elvehoursfollowingthetimeagreed,ship-
owners shall be automatically absolved of their obligation to take the obs erver on board.
8. Observers shall be treated as officers. Where vessels are operating in G uinea-Bissau 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 Guinea-Bissau waters recorded in the logboo k;
8.6. verify the percentages of by-catches and estimate the discarded catc hes;
8.7. report fishing data at least once a week by radio, including the quanti ty of catches and by-catches on board.
9. Mastersshalldoeverythingintheirpowertoensurethephysicalsafety andwelfareofobserversduringperformance
of their duties.
10. Observers shall be offered every facility needed to carry out their dut ies. The master shall give them access to the
meansofcommunicationneededforthedischargeoftheirduties,todocume ntsdirectlyconcernedwiththevessel’s
fishing activities, including in particular the logbook and the navigati on log, and to those parts of the vessel neces-
sary to facilitate the exercise of their tasks as observer.
11. While on board, observers shall:11.1. takeallappropriatestepstoensurethattheconditionsoftheirboa rdingandpresenceonthevesselneitherinterrupt
nor hamper fishing operations,
11.2. respect the material and equipment on board and the confidentiality of all documents belonging to the vessel.
11.3. draft an activity report to be transmitted to the competent Guinea-B issau authorities. Those authorities shall send a
copy of the report, after processing and within one week, to the Delegation of the European Commission in Bissau.
12. At the end of the observation period and before leaving the vessel, obse rvers shall draw up an activity report to be
transmittedtothecompetentGuinea-Bissauauthorities,withacopytoth eEuropeanCommission.Theyshallsignit
in the presence of the master, who may add or cause to be added to it in an annex any observations considered rel-
evant, followed by master’s signature. A copy of the report shall be handed to the master when the observer is put
ashore.
13. Shipowners shall bear the cost of accommodating observers in the same c onditions as the officers on the vessel,
within the confines of the structure of the vessel.
As a contribution to the costs arising from the presence of the observer on b oard, together with the licence fee the
shipowner shall pay the Guinea-Bissau authorities the sum of EUR 12 per GRT per yearpro rata temporis for each
vessel fishing in Guinea-Bissau waters.
14. The salary and social contributions of the observer shall be borne by th e Ministry.27.12.2007 EN Official Journal of the European Union L 342/19
CHAPTER VIII
Observers on board tuna vessels
The two Parties shall consult each other, and interested countries, as soo n as possible as regards the definition of a system
of regional observers and the choice of the competent regional fisheries o rganisation.
CHAPTER IX
Monitoring
1. In accordance with point 1 of Section 2 of Chapter I, the European Communi ty shall keep an up-to-date list of the
vessels to which a fishing licence has been issued under this Protocol. Thi s list shall be notified to the Guinea-Bissau
authorities responsible for fisheries inspection as soon as it is drawn up and each time it is updated.
2. Vesselsfishingforhighlymigratoryspeciesshallbeincludedontheli streferredtointhepreviouspointuponreceipt
of notification of the advance payment referred to in point 3 of Section 2 of Chapter I. A certified copy of the list of
tunavesselsshallthenbesenttotheshipownertobekeptonboardinsteado fthefishinglicenceuntilthelicencehas
been issued by the competent Guinea-Bissau authority.
3.Technical inspection of trawlers
3.1. Onceayearandafteranyalterationintonnageorchangestothefishin gcategorynecessitatingtheuseofadifferent
type of gear, Community trawlers shall report to the port of Guinea-Bissau to undergo the inspections required by
the legislation in force. Such inspections shall take place within 48 hour s of the vessel’s arriving in port.
3.2. Once the inspection has been completed satisfactorily, the master of the vessel shall be issued with a certificate hav-
ingthesameperiodofvalidityasthelicenceandwhichshallbeautomatica llyextendedinthecaseofvesselsrenew-
ing their licence within the year. However, the maximum validity may not ex ceed one year. This certificate must be
kept on board at all times.
3.3. The technical inspection shall verify that the vessel’s technical ch aracteristics and gear conform to the provisions of
the Agreement and that the provisions relating to its crew have been compli ed with.
3.4. The cost of the inspection shall be borne by the shipowner at the rates l aid down by Guinea-Bissau law. It may not
be greater than the amount normally paid by other vessels for the same servi ces.
3.5. Failurebytheshipownertocomplywithpoints3.1and3.2aboveshallr esultinautomaticsuspensionofthefishing
licence until such obligations have been met.
4.Entering and leaving the zone:
Community vessels fishing under the Agreement in Guinea-Bissau’s fishin g zone shall report the date and time and
their position to the radio station of the Ministry responsible for fisher ies on entering and leaving Guinea-Bissau’s
fishing zone.
Whenlicencesareissued,theMinistryresponsibleforfisheriesshallin formtheshipownersofthecallsign,frequency
and working hours of the station.
Wheretheycannotcommunicateinformationbyradio,vesselsmayusealter nativemeans,suchastelex,telegramor
fax (numbers 20.11.57, 20.19.57 and 20.69.50).
4.1. Community vessels shall notify the Department at least 24 hours in adv ance of their intention to enter or leave the
Guinea-Bissau fishing zones. For tuna vessels this deadline shall be redu ced to 6 hours.
4.2. When notifying leaving, vessels shall also communicate their positi on and the volume and species in catches on
board. This information should preferably be communicated by fax or, for v essels not equipped with a fax, by radio
or by e-mail.
4.3. A vessel found to be fishing without having informed the Ministry shal l be regarded as a vessel without a licence.
4.4. Vesselsshallalsobeinformedofthefaxandtelephonenumbersande-m ailaddresswhenthefishinglicenceisissued.L 342/20 EN Official Journal of the European Union 27.12.2007
5.Control procedures
5.1. Masters of Community fishing vessels engaged in fishing activities i n Guinea-Bissau waters shall allow and facilitate
boardingandthedischargeoftheirdutiesbyanyGuinea-Bissauofficialr esponsiblefortheinspectionandcontrolof
fishing activities.
5.2. These officials shall not remain on board for longer than is necessary for the discharge of their duties.
5.3. Once the inspection has been completed, a certificate shall be issued to the master of the vessel.
6.Boarding
6.1. The Ministry shall inform the European Commission via its Delegation to Guinea-Bissau, within no more than
48 hours, of all boardings of and penalties imposed on Community vessels in Guinea-Bissau waters.
6.2. The European Commission shall at the same time receive a brief report o f the circumstances and reasons leading to
the boarding.
7.Statement of boarding
7.1. After the competent coastal State authority has drawn up a statement, the master of the vessel shall sign it.
7.2. This signature shall not prejudice the rights of the master or any defe nce which he or she may make to the alleged
infringement.
7.3. Inaccordancewiththeapplicablelaw,themastermayberequiredtota kethevesseltotheportindicatedbythecom-
petent authorities.
8.Information meeting in the event of boarding
8.1. Beforeanymeasuresregardingthemasterorthecrewofthevesseloran yactionregardingthecargoandequipment
of the vessel are considered, other than those to safeguard evidence relat ing to the presumed infringement, an infor-
mation meeting shall be held at the request of the Community, within one wor king day of the receipt of the above
information,betweentheEuropeanCommissionandtheMinistry,possibly attendedbyarepresentativeoftheMem-
ber State concerned.
8.2. At the meeting, the Parties shall exchange any relevant documentatio n or information helping to clarify the circum-
stances of the established facts. The shipowner or his or her representati ve 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 through a compro-
mise procedure. This procedure shall end no later than four working days af ter the boarding.
9.2. Intheeventofanamicablesettlement,theamountofthefineshallbed eterminedinaccordancewithGuinea-Bissau
legislation.
9.3. If the case cannot be settled by amicable procedure and has to be brough t before a competent judicial body, a bank
security set to take account of the boarding costs and the fines and compens ation payable by the Parties responsible
for the infringement shall be lodged by the shipowner with a bank specified by the Ministry.
9.4. Thebanksecurityshallbeirrevocableuntilthelegalproceedingsha vebeenconcluded.Itshallbereleasedoncelegal
proceedingsendwithoutaconviction.Similarly,intheeventofaconvict ionleadingtoafineoflessthanthesecurity
lodged, the balance shall be released by the Ministry.
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 ful filled, or,
— whenthebanksecurityreferredtoinpoint9.3hasbeenlodgedandaccepte dbytheMinistry,pendingcomple-
tion of the legal proceedings.,27.12.2007 EN Official Journal of the European Union L 342/21
10.Compliance with the rules
All information on infringements committed by Community vessels shall be communicated to the Commission on
a regular basis, via the Delegation.
11.Transhipment
11.1. All Community vessels wishing to tranship catches in Guinea-Bissau waters shall do so within Guinea-Bissau ports.
11.2. The owners of such vessels must notify the following information to t he Ministry at least 24 hours in advance:
— the names of the transhipping fishing vessels,— the names of the cargo vessels,— the tonnage by species to be transhipped,— the day of transhipment.
11.3. TranshipmentshallbeconsideredasanexitfromtheGuinea-Bissauf ishingzone.Vesselsmustthereforesubmittheir
catchdeclarationstothecompetentauthoritiesandstatewhethertheyin tendtocontinuefishingorleavetheGuinea-
Bissau fishing zone.
11.4. Any transhipment of catches not covered above shall be prohibited in Guinea-Bissau’s fishing zone. Any person
infringing this provision shall be liable to the penalties provided for by Guinea-Bissau law.
12. Masters of Community fishing vessels engaged in landing or transhipme nt operations in a Guinea-Bissau port shall
allowandfacilitatetheinspectionofsuchoperationsbyGuinea-Bissaui nspectors.Oncetheinspectionhasbeencom-
pleted in the port, a certificate shall be issued to the master of the vessel .
CHAPTER X
Satellite monitoring of fishing vessels
The two Parties shall agree within the Joint Committee on the arrangements for satellite-monitoring of Community fishing
vessels fishing under this Agreement where the technical conditions are m et.L 342/22 EN Official Journal of the European Union 27.12.2007
Appendices
1. Application form for a fishing licence2. Statistics on catch and fishing effort3. Tuna vessels fishing logbook27.12.2007 EN Official Journal of the European Union L 342/23
APPENDIX 1
L 342/24 EN Official Journal of the European Union 27.12.2007
27.12.2007 EN Official Journal of the European Union L 342/25
L 342/26 EN Official Journal of the European Union 27.12.2007
APPENDIX 2
27.12.2007 EN Official Journal of the European Union L 342/27
L 342/28 EN Official Journal of the European Union 27.12.2007
APPENDIX 3
27.12.2007 EN Official Journal of the European Union L 342/29
ANNEX II
DATA SHEET No 1 — FISHING CATEGORY 1:
FREEZER, FIN-FISH AND CEPHALOPOD TRAWLERS
1.Fishing zone
Beyond 12 nautical miles from the base line, including the Guinea-Bissau/ Senegal joint management area, extending
north to the azimuth 268°.
2.Authorised gear
Standard otter trawls and other selective gear are authorised.Outriggers are authorised.Inthecaseofallfishinggear,nomethodsordevicesmaybeusedtoseektoob structthemeshofthenetsorreducetheir
selectiveeffect.However,intheinterestsofreducingwearordamage,pr otectiveapronsofnettingorothermaterialmay
be attached, but only to the underside of the codend of a bottom trawl. Such a prons must be attached only to the for-
wardandlateraledgesofthecodendofthetrawl.Protectivedevicesmaybe usedforthetopofthetrawl,butthesemust
consist of a single section of net of the same material as the codend, with th e mesh measuring at least 300 millimetres
when stretched out.
Doubling of the codend’s netting yarn, whether single or multiple, shall b e prohibited.
3.Minimum authorised mesh size
70mm
4.Biological recovery
In accordance with Guinea-Bissau law.In the absence of provisions in Guinea-Bissau law, the two Parties shall ag ree within the Joint Committee and on the
basis of the best available scientific advice approved by the joint scient ific meeting, on the most appropriate biological
recovery period.
5.By-catches
In accordance with Guinea-Bissau law:Fin-fishtrawlersmaynotholdonboardcrustaceansorcephalopodsaccoun ting,ineachcase,formorethan9 %oftheir
total catch in Guinea-Bissau’s fishing zone at the end of a trip as defined i n Chapter III of the Annex to this Protocol.
Cephalopod trawlers may not hold on board crustaceans accounting for more than 9 % of their total catch in Guinea-
Bissau’s fishing zone at the end of a trip as defined in Chapter III of the Ann ex to this Protocol.
Wherethesepercentagesexceedtheauthorisedby-catches,penaltiessha llbeimposedinaccordancewithGuinea-Bissau
law.
The two Parties shall consult within the Joint Committee to adjust the auth orised rate if necessary.
6.Authorised tonnage/Fees
Authorised tonnage (GRT) per year 4 400
Fees in EUR per GRT per year EUR 229 per GRT per year
In the case of three-month and six-month licences, the fees shall be calcul ated
proratatemporis ,plus3 %and2 %respectivelytocoverrecurrentcostsindraw-
ing up the licences.
7.Comments
The conditions governing fishing activity by Community vessels shall be a s laid down in the Annex to the Protocol.L 342/30 EN Official Journal of the European Union 27.12.2007
DATASHEET N o 2 — FISHING CATEGORY 2:
SHRIMP TRAWLERS
1.Fishing zone
Beyond 12 nautical miles from the base line, including the Guinea-Bissau/ Senegal joint management area, extending
north to the azimuth 268°.
2.Authorised gear
Standard otter trawls and other selective gear are authorised.Outriggers are authorised.Inthecaseofallfishinggear,nomethodsordevicesmaybeusedtoseektoob structthemeshofthenetsorreducetheir
selectiveeffect.However,intheinterestsofreducingwearordamage,pr otectiveapronsofnettingorothermaterialmay
be attached, but only to the underside of the codend of a bottom trawl. Such a prons must be attached only to the for-
wardandlateraledgesofthecodendofthetrawl.Protectivedevicesmaybe usedforthetopofthetrawl,butthesemust
consist of a single section of net of the same material as the codend, with th e mesh measuring at least 300 millimetres
when stretched out.
Doubling of the codend’s netting yarn, whether single or multiple, shall b e prohibited.
3.Minimum authorised mesh size
40mmGuinea-Bissau undertakes to amend its legislation within 12 months of the entry into force of this Protocol in order to
applya50 mmmeshsizeinaccordancewithexistinglawinthesubregion,whi chwillapplytoallfleetsfishingforcrus-
taceans in the Guinea-Bissau fishing zone.
4.Biological recovery
In accordance with Guinea-Bissau law.In the absence of provisions in Guinea-Bissau law, the two Parties shall ag ree within the Joint Committee and on the
basis of the best available scientific advice approved by the joint scient ific meeting, on the most appropriate biological
recovery period.
5.By-catches
In accordance with Guinea-Bissau law:Shrimp trawlers may not hold on board cephalopods or fin-fish accounting, in each case, for more than 50 % of their
total catch in Guinea-Bissau’s fishing zone at the end of a trip as defined i n Chapter III of the Annex to this Protocol.
Wherethesepercentagesexceedtheauthorisedby-catches,penaltiessha llbeimposedinaccordancewithGuinea-Bissau
law.
6.Authorised tonnage/Fees
Authorised tonnage (GRT) per year 4 400
Fees in EUR per GRT per year EUR 307 per GRT per year
In the case of three-month and six-month licences, the fees shall be calcul ated
pro rata temporis , plus 3 % and 2 % respectively to cover recurrent costs in draw-
ing up the licences.
7.Comments
The conditions governing fishing activity by Community vessels shall be a s laid down in the Annex to the Protocol.27.12.2007 EN Official Journal of the European Union L 342/31
DATASHEET N o 3 — FISHING CATEGORY 3:
POLE-AND-LINE TUNA VESSELS
1.Fishing zone
Beyond 12 nautical miles from the base line, including the Guinea-Bissau/ Senegal joint management area, extending
north to the azimuth 268°.
Pole-and-line tuna vessels shall be authorised to fish for live bait with a view to carrying out their fishing activities in
Guinea-Bissau’s fishing zone.
2.Authorised gear and technical measures
Poles and lines.Purse seines with live bait: 16 mmVesselsfishingforhighlymigratoryspeciesshallcomplywiththemeasur esandrecommendationsadoptedbytheInter-
national Commission for the Conservation of Atlantic Tunas (ICCAT) regar ding fishing gear and the technical specifi-
cations thereof and all other technical measures applicable to their fish ing activities.
3.By-catches
InaccordancewiththerelevantICCATandFAOrecommendations,fishingfo rbaskingshark( Cetorhinusmaximus ),white
shark (Carcharodon carcharias ), sand tiger shark ( Carcharias taurus ) and tope shark ( Galeorhinus galeus ) is prohibited.
4.Authorised tonnage/Fees
Fee per tonne caught EUR 25 per tonne
Annual financial contribution EUR 500 per 20 tonnesNumber of vessels authorised to fish 14
5.Comments
The conditions governing fishing activity by Community vessels shall be a s laid down in the Annex to the Protocol.L 342/32 EN Official Journal of the European Union 27.12.2007
DATA SHEET No 4 — FISHING CATEGORY 4:
FREEZER TUNA SEINERS AND LONGLINERS
1.Fishing zone
Beyond 12 nautical miles from the base line, including the Guinea-Bissau/ Senegal joint management area, extending
north to the azimuth 268°.
2.Authorised gear and technical measures
Seine and surface longline.Vesselsfishingforhighlymigratoryspeciesshallcomplywiththemeasur esandrecommendationsadoptedbytheInter-
national Commission for the Conservation of Atlantic Tunas (ICCAT) regar ding fishing gear and the technical specifi-
cations thereof and all other technical measures applicable to their fish ing activities.
3.Minimum authorised mesh size
Recommended ICCAT standards.
4.By-catches
InaccordancewiththerelevantICCATandFAOrecommendations,fishingfo rbaskingshark( Cetorhinusmaximus ),white
shark (Carcharodon carcharias ), sand tiger shark ( Carcharias taurus ) and tope shark ( Galeorhinus galeus ) is prohibited.
5.Authorised tonnage/Fees
Fee per tonne caught EUR 35 per tonne
Annual financial contribution EUR 3 150 per 90 tonnesNumber of vessels authorised to fish 23
6.Comments
The conditions governing fishing activity by Community vessels shall be a s laid down in the Annex to the Protocol.27.12.2007 EN Official Journal of the European Union L 342/33
ANNEX III
2007 management plan — crustaceans and demersal species
Species GRT 2006 GRT 2007Difference in
GRTDifference in
GRT %
Crustaceans 11 000 8 000 – 3 000 – 27%
Cephalopods 8 000 5 600 – 2 400 – 30 %Demersal fish 12 000 18 000 6 000 50 %Pelagic fish 20 000 23 000 3 000 15 %Tuna 49 000 49 000 0 0 %TOTAL 100 000 103 600 3 600 0
DuringtheperiodofvalidityofthisAgreement,unlessscientificadvice isfavourable,Guinea-Bissaushallreducefishingeffort
in the shrimp and cephalopod categories, while maintaining in 2007 the exi sting agreement with third countries and the
European Community.
However,ifthefishingopportunitiesgrantedtothirdcountriesremainu nusedon1January2007,theseopportunitiesshall
not be mobilised in 2008 and subsequent years.
In these categories, no fishing opportunities shall be granted for charte ring.
All agreements with European companies or associations/enterprises sha ll be definitively revoked and formally terminated
within thirty days of the entry into force of this Protocol.L 342/34 EN Official Journal of the European Union 27.12.2007
ANNEX IV
Outline of the objectives and performance indicators to be complied with u nder Articles 3, 8 and 9
of the Protocol
Strategic priorities and objectives Indicators
1. Improvement of health and
hygieneconditionstodevelopthefisheries sector
1.1. Preparations to obtain export
approvalRules on minimum health and hygiene standards applicable to industrial ve ssels,
canoes and fishing enterprises products drawn up/adopted by Parliamentand implemented
Competent authority in placeCentrodeInvestigaçãoPesqueiraApliquada(CIPA)broughtuptostandard s(ISO
9000)
Laboratory provided to carry out microbiological and chemical analysesShrimp monitoring and analysis plan (PNVAR 2008) adopted and incorporate d
into law
Number of health inspectors trainedNumberofhealthworkersandfisheriesministrystafftrainedinhygienes tandards
Approval for export to EU obtained
1.2. Modernisation and upgrading
health and hygiene of the indus-trial fleet and the small-scale fleetNumber of industrial vessels brought up to standards
Numberofwoodencanoesreplacedwithcanoesmadeofmoresuitablemateria ls
(in absolute terms and as a percentage)
Number of canoes equipped with iceboxesIncreased number of unloading pointsSmall-scale fishing vessels and coastal fishing vessels brought into com pliance
with health standards (number in absolute terms and as a percentage)
1.3. Developing infrastructure, in par-
ticular port infrastructureRefurbishment of Port of Bissau and extension of fishing port
Port of Bissau fish market for unloading catches from small-scale and indu strial
fishing developed and restored to standards
Port of Bissau brought up to international standards (ratification of SOL AS Con-
vention)
Wrecks removed from port
1.4. Promoting fishery products
(health and plant-health condi-tions of the products landedand processed)Inspection system for fishery products adapted and operational
Actorsmadeawareofhealthandhygienerules(numberoftrainingcourseso rga-
nised and number of people trained)
Analytical laboratory operationalNumber of sites developed for unloading and processing products from smal l-
scale fishing
Promoting technical and commercial partnerships with private operators over-
seas
Eco-labelling system launched for Guinea-Bissau products27.12.2007 EN Official Journal of the European Union L 342/35
Strategic priorities and objectives Indicators
2. Improving monitoring, control
and surveillance of the fishingzone
2.1. Improved legal framework Agreement adopted between the ministry of f isheries and of defence on surveil-
lance and control
National monitoring, control and surveillance plan adopted and implemen ted
2.2. Strengthening monitoring, con-
trol and surveillanceBody of sworn independent inspectors operational (number of people recru ited
and trained) and corresponding budgetary allocation entered in the finan ce act
Numberofdaysofsurveillanceatsea:250days/yearattheendoftheperiod cov-
ered by the Protocol
Number of inspections in port and at seaNumber of aerial inspectionsNumber of statistical bulletins publishedRadar coverage rateRate of VMS coverage of the fleet as a wholeTrainingprogrammeadaptedtosurveillancetechniquesimplemented(num berof
hours of training, number of technicians trained, etc.)
2.3. Monitoring boarding of vessels Improving the transparency of the sys tem of boarding, penalties and payments
of fines
Rules on payment of fines improved and ban introduced on payment of fines
other than financial
Improvement of system for collection of finesPublication of annual statistics on fines collectedSetting up a blacklist of vessels penalisedDrawing up of and annual publication of statistics on finesFISCAP annual report published
3. Improving fisheries management3.1. Managingshrimpandcephalopod
fishing effortMaintaining in 2007 existing agreements with third countries and the Euro pean
Community. However, if the fishing opportunities granted to third countr ies
remain unused on 1 January 2007, these opportunities shall not be mobilise di n
2008 and subsequent years
No fishing opportunities shall be granted to charteringDefinitivewithdrawalfromandformalterminationofanyagreementwithE uro-
pean companies or associations/enterprises within thirty days of the ent ry into
force of this Protocol
3.2. Modernisationandsteppingupof
fisheries researchStrengthen CIPA research capacities
3.3. Improvinginformationonfishery
resourcesAnnual trawling carried out
Number of stocks evaluatedNumber of research programmesNumber of recommendations issued and followed on the state of the main fish -
eries resources (in particular freezes on fishing and conservation measu res for
overfished stocks)
Evaluationofannualfishingeffortforspecieswhicharethesubjectofad evelop-
ment plan
Instrument to manage operational fishing effort (setting up a database, s tatistical
monitoring instruments, networking the services responsible for fleet m anage-
ment, publication of statistical bulletins, etc.)L 342/36 EN Official Journal of the European Union 27.12.2007
Strategic priorities and objectives Indicators
3.4. Controlled development of
fisheriesAdoptionofannualmanagementplanforindustrialfishingbeforethestar tofthe
year concerned
Adoptionandimplementationofdevelopmentplanforover-exploitedreso urces
Vessel register kept in EEZ, including small-scale fishingNumber of development plans drawn up, implemented and evaluated
3.5. Improvingtheeffectivenessofthe
technical services of the Ministryof Fisheries and the MarineEconomy and the servicesinvolved in managing the sectorAdministrative capacities strengthened
Training and retraining programme drawn up and applied (number of agents
trained, number of hours of training, etc.)
Mechanisms for coordination, consultation and cooperation with partner s
strengthened
System of data collection and statistical monitoring of fisheries streng thened
3.6. Developing the system for
managing licences and monitor-ing vesselsNumber of hours of training for technicians
Number of technicians trainedNetworking of services and statistics27.12.2007 EN Official Journal of the European Union L 342/37