EN Official Journal of the European Union L 328/3

PROTOCOL

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

Article 1

Period of application and fishing opportunities

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

— crustaceans and demersal species: (a) freezer shrimp trawlers: 3 700 GRT per year; (b) freezer, fin-fish and cephalopod trawlers: 3 500 GRT per year;

— highly migratory species (species listed in Annex 1 to the 1982 United Nations Convention on the Law of the Sea): (a) freezer tuna seiners and longliners: 28 vessels; (b) pole-and-line tuna vessels: 12 vessels.

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

Article 2

Financial contribution — Methods of payment

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

2. The financial contribution comprises:

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

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

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

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

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

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

Article 3

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

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

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

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

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

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

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

Article 4

Scientific cooperation on responsible fishing

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

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

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

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

Article 5

Joint Scientific Committee

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

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

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

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

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

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

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

Article 6

Closure of a fishery by Guinea-Bissau

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

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

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

Article 7

Adjustment of fishing opportunities by mutual agreement

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

Article 8

Exploratory fishing

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

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

— the technical characteristics of the vessel;

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

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

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

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

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

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

Article 9

New fishing opportunities

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

Article 10

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

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

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

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

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

Article 11

Electronic communication

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

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

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

Article 12

Confidentiality of data

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

Article 13

Applicable provisions of national law

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

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

Article 14

Suspension and review of the payment of the financial contribution

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

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

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

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

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

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

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

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

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

Article 15

Suspension of the implementation of the Protocol

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

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

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

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

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

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

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

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

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

Article 16

Duration

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

Article 17

Termination

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

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

Article 18

Provisional application

This Protocol shall apply provisionally from the date of signature.

Article 19

Entry into force

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

For the European Union For the Republic of Guinea-Bissau