COMMISSION OF THE EUROPEAN COMMUNITIES 
Brussels, 09.03.1998 
COM(1998) 129 final 
98/0086 (CNS) 
Proposal for a 
COUNCIL DECISION 
on the conclusion of the Agreement in the form of an Exchange of Letters 
concerning the provisional application of the Protocol establishing the 
fishing possibilities and the financial compensation provided for in the 
Agreement between the European Community and the Government of the 
Republic of Guinea on fishing off the Guinean coast for the period 
1 January 1998 to 31 December 1999 
Proposal for a 
COUNCIL REGULATION (EC) 
approving the Protocol establishing the fishing possibilities and the financial 
compensation provided for in the Agreement between the European 
Community and the Government of the Republic of Guinea on fishing off the 
Guinean coast for the period 1 January 1998 to 31 December 1999 
(presented by the Commission) 

EXPLANATORY MEMORANDUM 
The Protocol annexed to the fisheries agreement between the European Community and the 
Republic of Guinea expired on 31 December 1997. A new Protocol was initialled by the 
two parties on 11 December 1997 establishing the technical and financial conditions under 
which Community fishing vessels can fish in Guinea waters in the period 1 January 1998 
to 31 December 1999. 
The Commission is accordingly proposing that the Council should adopt: 
by means of a Decision, the draft Agreement in the form of an exchange of letters 
concerning the provisional application of the new Protocol pending its final entry 
into force, 
by means of a Regulation, the Protocol establishing the fishing opportunities and 
the associated technical and financial conditions agreed between the Community 
and Guinea-Bissau for the period 1 January 1998 to 31 January 1999. 
« 
PROPOSAL FOR A 
COUNCIL DECISION 
on the conclusion of the Agreement in the form of an Exchange of Letters 
concerning the provisional application of the Protocol establishing the 
fishing possibilities and the financial compensation provided for in the 
Agreement between the European Community and the Government of the 
Republic of Guinea on fishing off the Guinean coast for the period 
1 January 1998 to 31 December 1999 
THE COUNCIL OF THE EUROPEAN UNION, 
Having regard to the Treaty establishing the European Community, 
Having regard to the Agreement between the European Community and the Government 
of the Republic of Guinea on fishing off the Guinean coast1, and in particular Article 15 
thereof, 
Having regard to the proposal from the Commission, 
Whereas, in accordance with the second paragraph of Article 15 of the aforesaid 
Agreement, the Community and the Republic of Guinea have conducted negotiations to 
determine any amendments and additions to be made to the Agreement at the end of the 
period of application of the Protocol annexed thereto; 
Whereas, as a result of those negotiations, a new Protocol was initialled on 11 December 
1997; 
Whereas, under that Protocol, Community fishermen enjoy fishing possibilities in the 
waters under the sovereignty or jurisdiction of the Republic of Guinea for the period 
1 January 1998 to 31 December 1999; 
Whereas, in order to avoid any interruption in the fishing activities of Community 
vessels, it is essential that the new Protocol be applied as soon as possible; whereas the 
two parties have accordingly initialled an Agreement in the form of an Exchange of 
1 OJL 111, 27.4.1983, p. 1. 
2 
Letters providing for the initialled Protocol to apply provisionally from the day following 
that on which the Protocol currently in force expires; 
Whereas the Agreement in the form of an Exchange of Letters should be approved, 
pending a final decision taken under Article 43 of the Treaty, 
Whereas the fishing possibilities should be apportioned among the Member States on the 
basis of the traditional allocation of fishing possibilities under the fisheries Agreement, 
HAS DECIDED AS FOLLOWS: 
Article 1 
The Agreement in the form of an Exchange of Letters concerning the provisional 
application of the Protocol establishing the fishing possibilities and the financial 
compensation provided for in the Agreement between the European Community and the 
Government of the Republic of Guinea on fishing off the Guinean coast for the period 1 
January 1998 to 31 December 1999 is hereby approved on behalf of the Community. 
The texts of the Agreement in the form of an Exchange of Letters and of the Protocol are 
attached to this Decision. 
Article 2 
The fishing possibilities laid down in the Protocol shall be allocated among the Member 
States as follows: 
a) cephalopods/fin-fish: Spain: 1 350 grt 
Italy: 1 200 grt 
Greece: 1 450 grt 
b) shrimps: Spain: 700 grt 
U 
Portugal: 200 grt 
Greece: 100 grt 
c) tuna seiners: France: 19 vessels 
Spain: 14 vessels 
d) pole-and-line tuna vessels: France: 8 vessels 
Spain: 5 vessels 
e) surface longliners: France: 3 vessels 
Spain: 23 vessels 
Portugal: 2 vessels. 
If licence applications from those Member States do not exhaust the fishing possibilities 
established in the Protocol, the Commission may consider licence applications from any 
other Member State. 
Article 3 
The President of the Council is hereby authorised to designate the persons empowered to 
sign the Agreement in the form of an Exchange of Letters in order to bind the 
Community. 
Done at 
For the Council 
The President 
x 
AGREEMENT 
IN THE FORM OF AN EXCHANGE OF LETTERS CONCERNING THE 
PROVISIONAL APPLICATION OF THE PROTOCOL ESTABLISHING 
THE FISHING POSSIBILITIES AND THE FINANCIAL 
COMPENSATION PROVIDED FOR IN THE AGREEMENT BETWEEN 
THE EUROPEAN COMMUNITY AND THE GOVERNMENT OF THE 
REPUBLIC OF GUINEA ON FISHING OFF THE GUINEAN COAST FOR 
THE PERIOD 1 JANUARY 1998 TO 31 DECEMBER 1999 
A. Letter from the Government of the Republic of Guinea 
Sir, 
With reference to the Protocol, initialled on 11 December 1997, establishing the fishing 
possibilities and the financial compensation for the period 1 January 1998 to 
31 December 1999,1 have the honour to inform you that the Government of the Republic 
of Guinea is ready to apply that Protocol on a provisional basis from 1 January 1998, 
pending the entry into force of the Protocol in accordance with Article 7 thereof, provided 
that the European Community is prepared to do the same. 
This is on the understanding that the first instalment of the financial consideration 
specified in Article 2 of the Protocol is paid by 30 June 1998. 
I should be obliged if you would confirm the European Community's agreement to such 
provisional application. 
Please accept, Sir, the assurance of my highest consideration. 
For the Government of the Republic of Guinea 
—7-
/ 
B. Letter from the Community 
Sir, 
I have the honour to acknowledge receipt of your letter of today's date, which reads as 
follows: 
'With reference to the Protocol, initialled on 11 December 1997, establishing the fishing 
possibilities and the financial compensation for the period 1 January 1998 to 
31 December 1999,1 have the honour to inform you that the Government of the Republic 
of Guinea is ready to apply that Protocol on a provisional basis from 1 January 1998, 
pending the entry into force of the Protocol in accordance with Article 7 therçofuprovided 
that the European Community is prepared to do the same. ^r^J 
This is on the understanding that the first instalment of the financial consideration 
specified in Article 2 of the Protocol is paid by 30 June 1998. 
I should be obliged if you would confirm the European Community's agreement to such 
provisional application." 
I have the honour to confirm the European Community's agreement to such provisional 
application. 
Please accept, Sir, the assurance of my highest consideration. 
On behalf of the Council the European Union 
PROPOSAL FOR A 
COUNCIL REGULATION (EC) 9 IS Joo-gt ( CAjj x 
approving the Protocol establishing the fishing possibilities and the financial 
compensation provided for in the Agreement between the European 
Community and the Government of the Republic of Guinea on fishing off the 
Guinean coast for the period 1 January 1998 to 31 December 1999 
THE COUNCIL OF THE EUROPEAN UNION, 
Having regard to the Treaty establishing the European Community, and in particular 
Article 43, in conjunction with the first sentence of Article 228(2) and the first 
subparagraph of Article 228(3) thereof, 
Having regard to the proposal from the Commission, 
Having regard to the opinion of the European Parliament*'), 
Whereas, pursuant to the Agreement between the European Community and the 
Government of the Republic of Guinea on fishing off the Guinean coast<2> , the two 
Parties have conducted negotiations to determine any amendments and additions to be 
made to the Agreement at the end of the period of application of the Protocol annexed 
thereto; 
Whereas, as a result of those negotiations, a new Protocol establishing the fishing 
possibilities and the financial compensation provided for in the abovementioned 
Agreement for the period 1 January 1998 to 31 December 1999 was initialled on 
11 December 1997; 
Whereas it is in the Community's interest to approve the new Protocol, 
Whereas the fishing possibilities should be apportioned among the Member States on the 
basis of the traditional allocation of fishing possibilities under the fisheries Agreement, 
0) OJ 
<2> OJL 111,27.4.1983, p. 1. 
HAS ADOPTED THIS REGULATION: 
Article 1 
The Protocol establishing the fishing possibilities and the financial compensation 
provided for in the Agreement between the European Community and the Government of 
the Republic of Guinea on fishing off the Guinean coast for the period 1 January 1998 to 
31 December 1999 is hereby approved on behalf of the Community. 
The text of the Protocol is attached to this Regulation. 
Article 2 
The fishing possibilities laid down in the Protocol shall be allocated among the Member 
States as follows: 
b) shrimps: a) cephalopods/fm-fish: Spain: 
Italy: 
Greece: 
Spain: 
Portugal: 
Greece: 
France: 
Spain: 
pole-and-line tuna vessels: France: (c) tuna seiners: 
d) 
e) surface longliners: Spain: 
France: 
Spain: 
Portugal: 1350 grt 
1200 grt 
1450 grt 
700 grt 
200 grt 
100 grt 
19 vessels 
14 vessels 
8 vessels 
5 vessels 
3 vessels 
23 vessels 
2 vessels. 
9 
If licence applications from those Member States do not exhaust the fishing possibilities 
established in the Protocol, the Commission may consider licence applications from any 
other Member State. 
Article 3 
The President of the Council is hereby authorised to designate the persons empowered to 
sign the Protocol in order to bind the Community. 
Article 4 
This Regulation shall enter into force on the third day following its publication in the 
Official Journal of the European Communities. 
This Regulation shall be binding in its entirety and directly applicable in all Member 
States. 
Done at 
For the Council 
The President 
^o 
PROTOCOL 
establishing the fishing possibilities and the financial compensation provided for in 
the Agreement between the European Community and the Government of 
the Republic of Guinea on fishing off the Guinean coast 
for the period 1 January 1998 to 31 December 1999 
Article 1 
For a period of two years from 1 January 1998, the fishing possibilities granted under 
Article 2 of the Agreement shall be as follows: 
1 ) a) fin-fish and cephalopod trawlers: 4 000 gross registered tonnes (grt) per year; 
2) b) shrimp trawlers: 1 000 gross registered tonnes (grt) per year; 
3) freezer tuna seiners: 33 vessels; 
4) pole-and-line tuna vessels: 13 vessels; 
5) surface longliners: 28 vessels. 
Where appropriate and where the state of resources so permits, the Joint Committee 
provided for in Article 10 of the Agreement shall consider including new categories of 
fish and shall lay down the technical and financial conditions under which they can be 
fished by Community vessels. 
Article 2 
1. The financial compensation referred to in Article 8 of the Agreement shall 
amount to ECU 2 800 000 for the first year (of which ECU 1 400 000 by way of a 
financial consideration and ECU 1 400 000 for the measures listed in Article 4 of 
the current Protocol) and ECU 3 700 000 for the second year (of which 
ECU 1 850 000 by way of a financial consideration and ECU 1 850 000 for the 
measures listed in Article 4 of the current Protocol) for the fishing possibilities 
listed in Article 1. That financial consideration shall be payable by 30 June each 
year at the latest. 
2. The use to which the financial consideration is put shall be the sole responsibility 
of the Government of the Republic of Guinea. 
3. The financial consideration shall be paid into an account specified by the 
Government of the Republic of Guinea and opened with the Public Treasury. 
Article 3 
At the request of the Community, the fishing possibilities established in Article 1(1) may 
be increased by successive instalments of 1 000 grt a year. In that case, the financial 
Ai 
consideration referred to in Article 2 shall be increased proportionately, pro rata 
temporis. 
Article 4 
Of the overall financial compensation established in Article 2(1), the following measures 
shall be financed to the amount of ECU 1 400 000 in the first year and ECU 1 850 000 in 
the second year, according to the following breakdown: 
1. scientific and technical programmes to improve knowledge of fishery and biological 
resources within Guinea's fishing zone: ECU 450 000; 
2. support for fishery surveillance bodies: ECU 800 000; 
3. support for artisanal fishing: ECU 320 000; 
4. institutional support for the Ministry of Fisheries: ECU 800 000; 
5. awards for study, practical training and seminars in the various scientific, technical 
and economic disciplines relating to fisheries: ECU 390 000; 
6. Guinea's contribution to international fisheries organisations: ECU 100 000; 
7. costs of Guinean delegates' participation in international meetings on fisheries: 
ECU 390 000. 
The measures and the annual amounts allocated thereto shall be decided on by the 
Ministry of Fisheries, which shall inform the Commission thereof. 
The annual amounts shall be made available to the bodies concerned by 30 June each 
year at the latest. The Government of the Republic of Guinea shall provide the bank 
account numbers to be used for such payments. 
The Ministry of Fisheries shall forward an annual report to the Delegation of the 
European Commission on the implementation of the measures and the results obtained. 
The Commission reserves the right to ask the Ministry of Fisheries for any additional 
information on the results and to reconsider the payments concerned should the measures 
not be implemented. 
Article 5 
Should the Community fail to make the payments provided for in Articles 2 and 4, the 
application of this Protocol may be suspended. 
Article 6 
The Annex to the Agreement between the Government of the Republic of Guinea and the 
European Community on fishing off the Guinean coast is repealed and replaced by the 
Annex hereto. 
43, 
Article 7 
This Protocol shall enter into force on the date on which it is signed. 
It shall apply from 1 January 1998. 
4S 
ANNEX 
Conditions governing fishing by Community vessels in Guinea's fishing zone 
A. Licence application and issuing formalities 
At least 30 days before the date on which the requested term of validity commences, 
the competent Community authorities are to present an application for each vessel 
that is to be used for fishing under the Agreement to the Ministry of Fisheries via the 
Delegation of the European Commission in Guinea. 
The applications are to be made out using the forms provided for that purpose by the 
Ministry of Fisheries, a specimen of which is attached hereto (Appendix 1). 
Licence applications are to be accompanied by proof of payment of the fee covering 
the licence's term of validity. Payment is to be made into an account opened with the 
Public Treasury of Guinea. 
The fees include all national and local taxes, with the exception of port fees and 
charges for the provision of services. 
Within 30 days of receipt of proof of payment as referred to above, the licences for all 
vessels will be issued by the Ministry of Fisheries to the shipowners or their 
representatives via the Delegation of the European Commission in Guinea. 
The following annual periods serve to determine the term of validity of licences: 
first period: 1 January to 31 December 1998 
second period: 1 January to 31 December 1999. 
Licences cannot commence running during one annual period and expire during the 
following annual period. 
Licences are issued for specific vessels and are not transferable. However, at the 
request of the Community and where force majeure is proven, a vessel's licence will 
be replaced by a new licence for another vessel whose features are similar to those of 
the first vessel. The owner of the vessel to be replaced is to return the cancelled 
licence to the Ministry of Fisheries via the Delegation of the European Commission 
in Guinea. 
The new licence must state: 
- the date of issue, 
4V 
- the term of validity of the new licence, covering the period from the date of arrival 
of the replacement vessel to the date of expiry of the licence of the replaced 
vessel. 
In the event of replacement, no fee as referred to in Article 5(2) of the Agreement is 
due for the unexpired period of validity. 
Licences must be held on board at all times. 
I. Provisions applicable to trawlers 
1. Vessels must put into the port of Conakry once a year before licences are 
issued so that the regulation inspection can be carried out. This inspection is to 
be carried out by duly authorised persons only and must take place within 24 
working hours of the vessel's arrival in port, providing notice of arrival has 
been given at least 48 working hours in advance. Where licences are renewed 
within the calendar year, the vessels need not undergo a second inspection. 
The costs of technical inspections are to be borne by the shipowners and 
cannot exceed ECU 250 per vessel per year. 
2. Each vessel must be represented by an agent of Guinean nationality 
established in Guinea. 
3. a) Licences arc issued for three, six or twelve months and are renewable. The 
term of validity of licences must be taken into account when calculating the 
utilisation of the fishing possibilities granted under Article 1 of the Protocol. 
b) The fees to be paid by shipowners, expressed in ecus per gross registered 
tonne, are as follows: 
- for annual licences: 
first year second year 
fin-fish trawlers: 126 132 
cephalopod trawlers: 150 158 
shrimp trawlers: 152 160 
45 
- for six-month licences: 
fin-fish trawlers: 
cephalopod trawlers: 
shrimp trawlers: 
- for three-month licences: 
fin-fish trawlers: 
cephalopod trawlers: 
shrimp trawlers: first year 
65 
77 
78 
first year 
33 
39 
40 second year 
68 
81 
82 
second year 
35 
41 
42 
However, an additional fee of ECU 30 per grt per year is payable by vessels 
failing to land 200 kg offish per grt per year in accordance with Part C. 
II. Provisions applicable to tuna vessels and surface longliners 
Licences must be kept on board at all times; however, fishing is authorised on 
receipt of the notification of payment of the advance forwarded by the 
Commission to the Guinean Ministry of Fisheries. Furthermore, pending receipt 
of the original of the licence, a copy of the licence drawn up can be sent by fax for 
keeping on board. 
Fees amount to ECU 20 per tonne per year caught within Guinea's fishing zone. 
Licences are to be issued following payment to the Ministry of Fisheries of a lump 
sum of ECU 1 800 per year for each tuna seiner, ECU 300 per year for each pole-
and-line tuna vessel and ECU 500 per year for each surface longliner, covering the 
fees for: 
- 90 tonnes of tuna caught per year in the case of seiners, 
- 15 tonnes of tuna caught per year in the case of pole-and-line tuna vessels, 
- 25tonnes of tuna caught per year in the case of surface longliners. 
4e 
The final statement of the fees clue for the fishing period is to be drawn up by the 
Commission at the end of each calendar year on the basis of the catch statements 
made for each vessel and confirmed by the scientific institutes responsible for 
verifying catch data, such as the Institut Français de Recherche Scientifique pour 
le Développement en Coopération (Orstom) and the Instituto Espanol de 
Oceanografia (IEO), in cooperation with the Centre National des Sciences 
Halieutiques de Boussoura (CNSHB). The statement is to be forwarded 
simultaneously to the Ministry of Fisheries and to the shipowners. No later than 
30 days after the final statement is notified, any additional charges due are to be 
paid by the shipowners to the Ministry of Fisheries using the account opened with 
the Public Treasury of Guinea. 
However, if the final statement is lower than the abovementioned advance, the 
resulting balance will not be reimbursed. 
B. Statements of catch 
All Community vessels authorised under the Agreement to fish in Guinea's fishing 
zone are required to declare their catches to the Ministry of Fisheries, with a copy to 
the Delegation of the European Commission in Guinea, as follows: 
- trawlers must declare their catches using the specimen statement attached hereto 
(Appendix 2). Statements of catch must be drawn up each month and presented at 
least once each quarter; 
- tuna seiners, pole-and-line tuna vessels and surface longliners must keep fishing 
logs using the form in Appendix 3 for each fishing period spent in Guinea's 
fishing zone. Within 45 days of the end of the fishing period spent in Guinea's 
fishing zone, the forms must be sent to the Ministry of Fisheries via the 
Delegation of the European Commission in Guinea. 
Forms must be completed legibly and must be signed by the master of the vessel. 
Should this provision not be complied with, the Ministry of Fisheries reserves the 
right to suspend the licences of offending vessels until the formality has been 
completed. The Delegation of the European Commission in Guinea is to be notified 
of such cases. 
Where applicable, the Joint Committee provided for in Article 10 of the Agreement is 
to consider equipping Community fishing vessels with facilities for the electronic 
transmission of data covering fishing operations. 
//y 
c. UmlingofçMtçhçs 
As a contribution towards supplying the local population with fish caught in Guinea's 
fishing zone, trawlers authorised to fish in Guinea's fishing zone are required to land 
200 kg of fish per grt per year free of charge. 
Landings may be made individually or collectively, mention being made of the 
vessels concerned. 
D. Bv-catches 
Crustaceans held on board fin-fish trawlers may not account for more than 9% nor 
cephalopods for more than 9% of their total catch in Guinea's fishing zone. 
Crustaceans held on board cephalopod trawlers may not account for more than 15% 
of their total catch in Guinea's fishing zone. 
Fish held on board shrimp trawlers may not account for more than 30% nor 
cephalopods for more than 20% of their total catch in Guinea's fishing zone. 
E. Signing-on of seamen 
Owners holding fishing licences issued under the Agreement are to contribute to the 
practical vocational training of Guinean nationals, subject to the conditions and limits 
set out below: 
1) Each trawler owner must undertake to employ: 
- two Guinean seamen on vessels of up to 200 grt, 
- three Guinean seamen on vessels of more than 200 grt but not more than 
350 grt, 
- four Guinean seamen on vessels of more than 350 grt. 
2) For the fleet of tuna seiners, six Guinean seamen must be signed on permanently. 
3) For the fleet of pole-and-line tuna vessels, five Guinean seamen must be signed on 
for the duration of the vessels' actual presence in Guinean waters, all of them to 
be assigned to different vessels. 
4) For the fleet of surface longliners, the shipowners must undertake to employ two 
Guinean seamen per vessel for the duration of the vessels' actual presence in 
Guinean waters. 
4? 
5) The wages of these Guinean seamen are to be fixed before the licences are issued, 
by mutual agreement between the shipowners or their representatives and the 
Ministry of Fisheries; the wages arc to be paid by the shipowners and must 
include the seamen's social security contributions (including life, accident and 
health insurance). 
Should the seamen not be signed on, the owners of tuna seiners, pole-and-line tuna 
vessels and surface longliners are required to pay the Ministry of Fisheries a lump 
sum equivalent to the wages of the seamen not signed on in accordance with points 2, 
3 and 4 above. 
That sum is to be used for the training of Guinean sea fishermen and must be paid 
into an account specified by the Ministry of Fisheries. 
F. Observers 
1. The observer's task is to check on fishing activities in Guinea's fishing zone and 
to collect all statistical data on fishing operations by the vessel concerned. 
Observers must be granted every facility needed to carry out their duties, 
including access to premises and documents and must in particular be allowed to 
report fishing data by radio once a week. 
2. All trawlers must take on board an observer appointed by the Ministry of 
Fisheries. 
Observers must not normally remain on board for more than two trips. 
3. At the request of the Ministry of Fisheries, addressed to the European 
Commission, tuna vessels and surface longliners must take on board an observer, 
who must not remain on board any longer than is necessary to accomplish his 
duties. 
The masters of vessels must facilitate the work of the observers, who must be 
accorded the conditions enjoyed by the vessels' officers. 
The travelling costs of observers taken on board in foreign ports are to be borne 
by the shipowner. 
4. The wages and social insurance contributions of observers are to be paid by the 
Ministry of Fisheries. 
In the case of trawlers, shipowners are to pay ECU 15 to the Centre National de 
Surveillance des Pêches (CNSP) for each day an observer spends on board as a 
contribution towards the expenses arising from the observer's presence on board. 
4<f 
5. Should a vessel with a Guinean observer on board leave Guinea's fishing zone, all 
steps must be taken for his return to Conakry as soon as possible at the expense of 
the shipowner. 
G. Inspection and monitoring 
Community vessels fishing in Guinea's fishing zone must permit and assist any 
Guinean officials responsible for inspection and monitoring to board the vessel and 
carry out their duties on board. The officials must not remain on board any longer 
than is necessary to verify catches by random checks and to conduct any other 
inspection relating to fishing activities. 
H. Fishing zones 
All the vessels referred to in Article 1 of the Protocol are authorised to fish in waters 
beyond 10 nautical miles. 
I. Meshes authorised 
The minimum mesh size authorised for the cod end (mesh stretched) is: 
a) 40 mm for shrimps; 
b) 70 mm for cephalopods; 
c) 70 mm for fin-fish; 
d) 16 mm for fishing for live bait. 
These mesh sizes also apply to trawls used for fishing with outriggers. 
J. Entering and leaving the zone 
Community vessels fishing under the Agreement in Guinea's fishing zone must report 
the date and time and their position each time they enter and leave Guinea's fishing 
zone to the radio station of the Centre National de Surveillance des Pêches (CNSP). 
The CNSP will inform the shipowners of the call sign and operating frequencies of 
the station at the time the licence is issued. 
Where they cannot communicate this information by radio, vessels may use 
alternative means, such as fax (CNSP: 1-212-4794-885; Ministry of Fisheries: 224-41 
35 23). 
40 
/-• • -
K. Boardiii)i of vessels 
1. The Delegation of the European Commission in Guinea must be notified within 
48 hours of any fishing vessel flying the flag of a Member State of the 
Community and operating under an Agreement between the Community and a 
third country that is boarded within Guinea's fishing zone and must at the same 
time be sent a summary report of the circumstances surrounding, and the reasons 
leading to, the boarding. 
2. In the case of vessels authorised to fish in Guinean waters, before any measures 
are considered with regard to the vessel's master or crew or any action is 
contemplated with regard to its cargo and equipment other than to safeguard 
evidence relating to the alleged infringement, a conciliation meeting is to be held 
within 48 hours of receipt of the abovementioned information between the 
Delegation of the European Commission, the Ministry of Fisheries and the 
inspection authorities, possibly attended by a representative of the Member State 
concerned. 
At the meeting, the parties will exchange any relevant documentation and 
information, and in particular automatically recorded data showing the vessel's 
positions during the trip up to the time of boarding, that may help clarify the 
circumstances surrounding the facts. 
The shipowner or his representative is to be informed of the outcome of the 
meeting and of any measures resulting from the boarding. 
3. Before any judicial proceedings are initiated, an attempt must be made to resolve 
the matter of the alleged infringement by compromise. Should no compromise be 
reached, that attempt is to be abandoned no later than three working days after the 
boarding. 
4. Should no compromise be reached and the case consequently be brought before a 
competent judicial body, pending the judgment a bank security payable by the 
shipowner is to be set by the competent authorities within 48 hours of 
abandonment of the attempt to reach a compromise. The security must not exceed 
the maximum penalty laid down for such an infringement under national law. 
Where the master of the vessel concerned is not found guilty, the bank security is 
to be refunded to the shipowner by the competent authorities as soon as the case is 
settled. 
%4 
5. The vessel and crew are to be released: 
- when the conciliation meeting is closed if the outcome so permits, 
- once the obligations arising from the compromise reached have been fulfilled, 
or 
- once the bank security is lodged (in connection with judicial proceedings). 
Q4 
Appendix 1 
APPLICATION FORM 
FORA 
FISHING LICENCE 
For official use only Remarks 
Nationality: 
Licence No: 
Date of signing: , 
Date of issue: 
2 3 
APPLICANT 
Name of firm: 
Trade register No: , 
First name and surname of applicant: 
Date am! place of birth: 
Occupation: 
Address: , 
No of employees: 
Name and address of co-signatory: 
VESSEL 
Type of vessel: .- Registration No: , 
New name: Former name: , 
Date and place of construction: 
Original nationality: 
Length.' Beam: Hold: .... 
Gross tonnage: Net tonnage: 
Type of building materials: 
Make of main engine: Type: , Rating: 
Fixed • Variable Propeller: 
Transit speed: 
Call sign: Call frequency: 
List of sounding, navigating and transmission instruments: • 
Rada adar I J • VHF 
No of seamen: Sonar 
SSB • Netsonde \ \ • Netsonde satellite 
navigation Other: 
^V Ducted • 
CONSERVATION 
Packed in ice J | refrigeration J | 
Freezing in brine | | jw \ | Refrigerated sea water I I 
Total refrigerating power: 
Freezing capacity in tonnes/24 hours: 
Hold capacity: 
TYPE OF FISHING 
A. Demersal 
inshore demersal • Deep-sea demersal • 
Type of trawl: . . . 
Cephalopods I { Shrimps I J Fish I I 
Length of trawl: Headline: 
Mesh size in the body: 
Mesh size in the wings: 
Speed of trawling: : 
Deep-sea pelagic (tuna) 
Pole and line I I 
Seine I J 
No of tanks: No of poles and lines I I 
Length of net: Depth of net: 
Capacity in tonnes: 
C. Longlines and pots 
Surface Bottom j j 
Length of lines: : No of hooks: . 
No of lines: 
No of pots: 
zr 
SHORE INSTALLATIONS 
Address and permit No: .... 
Name of firm: 
Activities: 
Domestic wholesale fish tra de I I Exp<>rt | | 
Type and No of wholesale trader's card: , 
Description of processing and conservation plant: 
No of employees: 
NB: Indicate affirmative answers by a tick in the appropriate box. 
Technical remarks 
Authorization of the Ministry of Fisheries 
Zl 
OFFICE OF THE SECRETARY OF STATE FOR 
FISHERIES Appendix 2 
STATISTICS ON CATCH AND ACTIVITY 
Month: Year: 
Name of vessel: 
Nationality (flag): Engine rating: 
Gross registered tonnage: Fishing method: 
Port of landing: 
Date 
1/ 
2/ 
3/ 
4/ 
SI 
6/ 
7/ 
8/ 
9/ 
10/ 
11/ 
12/ 
13/ 
14/ 
15/ 
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17/ 
18/ 
19/ 
20/ 
21/ 
22/ 
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25/ 
26/ 
27/ 
28/ 
29/. 
30/ 
31/ Fishing zone 
Longitude 
, Latitude 
^ Number of 
fishing operations 
' Number of 
fishing hours Species of fish 
' i 
i 1 
! 
1 
i • Totals 
• 
Afip'"d-3 ICGfiï LOBBOOK for TUNA FISHERY 
FINANCIAL STATEMENT 
1. TITLE OF OPERATION 
New Protocol to EC-Guinea fisheries Agreement establishing the fishing 
possibilities and the financial compensation 
2. BUDGET HEADING INVOLVED 
B7-8000 
3. LEGAL BASIS 
- Article 43 of the Treaty, in conjunction with Article 228(2) and the first 
subparagraph of Article 228(3) thereof 
- EC-Guinea Agreement (OJ L 111, 27.4.1983) 
4. DESCRIPTION OF OPERATION 
4.1 General objective 
Protocol and Annex for a two-year period 
4.2 Period covered and arrangements for renewal or extension 
1 January 1998 to 31 December 1999 
Procedure for renewal: negotiation prior to expiry of Protocol 
5. CLASSIFICATION OF EXPENDITURE OR REVENUE 
5.1 Compulsory expenditure 
5.2 Differentiated appropriations 
5.3 Type of revenue involved 
6. TYPE OF EXPENDITURE 
- Other: financial compensation for a third country in exchange for fishing 
possibilities granted by the latter and set out in the Protocol 
7. FINANCIAL IMPACT 
7.1 Method of calculating total cost of operation (definition of unit costs) 
See Annex to Protocol 
s 
7.2 Itemised breakdown of cost 
CA (ECU million (current)) 
Breakdown 
Financial consideration - Article 2 
Appropriations - Article 41 
TOTAL 1998 
1.4 
1.4 
2.8 1999 
1.85 
1.85 
3.7 TOTAL 
3.25 
3.25 
6.50 
7.3 Indicative schedule of appropriations for proposed new operation 
(ECU million (current)) 
Commitment 
appropriations 
Payment 
appropriations 
1998 
1999 
TOTAL 1998 1999 TOTAL 
2.8 
2.82 
2.8 3.7 
3.73 
3.7 6.5 
2.8 
3.7 
6.5 
Scientific and technical programmes: ECU 450 000 
Maritime surveillance: ECU 800 000 
Support for artisanal fishing: ECU 320 000 
Institutional support for Ministry of Fisheries: ECU 800 000 
Training: ECU 390 000 
Contribution to international organisations: ECU 100 000 
Participation in international meetings: ECU 390 000. 
Estimates: 
ECU 1.4 million by way of the financial consideration under Article 2 and ECU 1.4 million in 
appropriations under Article 4. 
ECU 1.85 million by way of the financial consideration under Article 2 and ECU 1.85 million in 
appropriations under Article 4. 
3-1 
8. FRAUD PREVENTION MEASURES; RESULTS OF MEASURES TAKEN 
Since it constitutes payment for a service (the possibility of fishing), the financial 
consideration paid by the Community is to be used by the authorities of the third 
country as they see fit, subject only to the forwarding of reports on the use of certain 
appropriations to the Community in accordance with the provisions of each 
Agreement. In the case of Guinea, an annual report must be submitted on the 
implementation of all the measures covered by Article 4 of the Protocol and the 
results achieved; payments may be reconsidered in the light of the actual 
implementation of the various measures. 
Furthermore, the Member States must guarantee the accuracy of figures on vessels' 
tonnage certificates so the calculation of the financial consideration (and fees) is not 
open lo dispute. To that end, the Agreement provides for statements of catches by 
Community vessels. 
9. ELEMENTS OF COST-EFFECTIVENESS ANALYSIS 
Category 
Trawlers: 
- of which shrimp trawlers 
of which fin-fish and 
cephalopod trawlers 
Tuna seiners 
Polc-and-line tuna vessels 
Surface longliners 
Total tuna vessels 1996-97 
Fishing possibilities 
(grt) 
5 000 (sole category) 
28 vessels 
7 vessels 
7 vessels 
42 vessels Rate of 
utilisation 
1996: 20% 
1997: 60% 
91% 
86% 
79% 1998-99 
Fishing 
possibilities 
(grt) 
breakdown 
1000 
4 000 
33 vessels 
13 vessels 
28 vessels 
74 vessels 
The EC-Guinea Agreement granted up to 12 000 grt worth of fishing possibilities 
until 1993. Competition from illegal fishing turned Community vessels away from 
the Agreement and induced the Community to reduce its trawler fishing possibilities 
to 5 000 grt under the last Protocol applying, with a proportional reduction in the 
financial consideration borne by the EC budget. In 1996, the new authorities in 
Guinea set about improving conditions in the fisheries sector, which entailed in 
particular the rational management of access to resources and better scientific 
indices for stocks available for fishing. This new situation had the positive effect of 
enticing a significant number of Community vessels to return to local waters in 
1997, as confirmed by overall applications for trawler fishing possibilities submitted 
\7 •"» 
by Community shipowners under the forthcoming Protocol, which cover a total of 
8 840 grt, i.e. more than the 5 000 grt in the current Protocol. Guinea also has a 
significant cephalopod catch potential. This is already being fished at present and 
will be very useful during biological recovery periods provided for in Agreements 
with neighbouring countries (Morocco, Mauritania and, where applicable, Senegal), 
or as an area for redeploying the cephalopod fishing fleet should any reduction in 
the fishing possibilities under the Agreement with Morocco exclude it from 
Moroccan waters. 
For the sake of caution and with an eye to the stringency demanded by the Council 
(in the conclusions of the Council meeting on fisheries of 30 October 1997), the 
Community has limited its purchases of trawler fishing possibilities for 1998-99 to 
the previous level of 5 000 grt, albeit specifying the categories so Guinea can draw 
up its annual fishing plans more easily. 
Although the fishing possibilities remain stable, the Agreement should be reassessed 
in financial terms since, fishing conditions being comparable at subregional level, 
the financial conditions per grt offered Guinea should be brought into line, in 
accordance with the consistency sought by the Council, with those the Community 
has granted neighbouring countries, bearing in mind the specific character of the 
resources (biologically and in terms of commercial value) available in Guinea's 
fishing zone. In view of the scale of the adjustment involved (from ECU 400/grt 
(under the last Protocol) to ECU 740/grt), harmonisation has been spread over two 
years and will'only become effective in 1999. This explains the increase in the 
financial consideration during the two years covered by the Protocol and the fact 
that the overall financial compensation rises from ECU 4.0 million to ECU 6.5 
million for two years. The Guinean authorities have also refused to consider a 
protocol covering more than two years as the Community would have liked. 
Tuna fishing possibilities rise from 42 to 74 vessels. The Agreement also allows 
nearly 100 vessels into Guinea's EEZ (approximately 25 trawlers and 74 tuna 
vessels) compared with the 67 vessels in the previous Protocol. 
ECU 3.25 million has been earmarked for measures to develop fishing (scientific 
research, maritime surveillance, training, support for artisanal fishing, etc.). These 
measures account for 50% of the total cost of the Agreement as compared with 40% 
under the previous Protocol, bearing witness to the Commission's desire to ensure 
that, alongside the development of fishing activities by Community vessels, there is 
sustainable development of the Guinean fisheries industry and closer monitoring of 
the implementation of measures (cf. Article 4 of the Protocol). 
Shipowners' fees are increased by 5% from 1 January 1999. The advances paid by 
tuna vessel owners for tuna fishing licences will also rise to: 
- ECU 1 800 from ECU 1 500 for tuna seiners; 
- ECU 500 from ECU 300 for surface longliners, 
with a view to strengthening the sense of responsibility of owners. 
As regards the benefit of the Agreement, given the commercial value of the 
cephalopods, shrimps and demersal fish that can be caught in Guinea under the 
-7 17 
Agreement, the value of catches far exceeds the cost (ECU 6.5 million) of the 
Agreement. 
On top of the direct commercial value of the catches, the Agreement has the 
following advantages: 
- guaranteed jobs on board fishing vessels, 
- multiplier effect on employment in ports, fish auctions, processing plants, 
shipyards and service industries in the regions concerned, 
- job creation in regions where there is no alternative to fisheries, 
- supply of fishery products to the Community market. 
Naturally, in addition to these advantages, account should be taken of the 
importance of the EU's relations with the Republic of Guinea at political level as 
well as for the fishing industry. 
10. ADMINISTRATIVE EXPENDITURE (PART A OF THE BUDGET) 
No impact on administrative expenditure. 
3Y 
ISSN 0254-1475 
COM(98) 129 final 
DOCUMENTS 
EN 03 11 06 
Catalogue number : CB-CO-98-135-EN-C 
ISBN 92-78-31787-X 
Office for Official Publications of the European Communities 
L-2985 Luxembourg 
3-r