3. 9. 91 Official Journal of the European Communities No C 228/7 
Proposal for a Council Regulation (EEC) on the conclusion of the Protocol establishing for the 
period 16 June 1991 to 15 June 1993 the fishing rights and financial compensation provided for 
in the Agreement between the European Economic Community and the Republic of Guinea-
Bissau on fishing off the coast of Guinea-Bissau 
(91/C 228/05) 
COM(91) 286 final 
(Submitted by the Commission on 31 July 1991) 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European 
Economic Community, and in particular Article 43 
thereof, 
Having regard to the Act of Accession of Spain and 
Portugal, and in particular Article 155 (2) (b) 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 Economic Community and the Government of 
the Republic of Guinea-Bissau on fishing off the coast of 
Guinea-Bissau signed in Bissau on 27 February 1980 ('), 
as last amended by the Agreement signed in Brussels on 
29 June 1987 (2), the two Parties conducted negotiations 
to determine the amendments or additions to be made to 
the Agreement at the end of the period of application of 
the Protocol referred to in Article 9 of that Agreement; 
Whereas, as a result of these negotiations, a new 
Protocol establishing the fishing rights and financial 
compensation provided for in the abovementioned 
Agreement for the period 16 June 1991 to 15 June 1993 
was initialled on 13 June 1991; 
Whereas, pursuant to Article 155 (2) (b) of the Act of 
Accession, it is for the Council to determine the 
procedures appropriate to take into consideration all or 
part of the interests of the Canary Islands when it adopts 
decisions, case by case, particularly with a view to the 
conclusion of fisheries agreements with third countries; 
whereas the case in point calls for the said procedures to 
be, determined; 
Whereas it is in the Community's interest to approve the 
Protocol, HAS ADOPTED THIS REGULATION: 
Article 1 
The Protocol establishing for the period 16 June 1991 to 
15 June 1993 the fishing rights and financial compen­
sation provided for in the Agreement between the 
European Economic Community and the Republic of 
Guinea-Bissau on fishing off the coast of Guinea-Bissau 
is hereby approved on behalf of the Community. 
The text of the Protocol is attached to this Regulation. 
Article 2 
With a view to taking into consideration the interests of 
the Canary Islands, the Protocol referred to in Article 1 
and, in so far as is necessary for its application, the 
provisions of the common fisheries policy relating to the 
conservation and management of fishery resources shall 
also apply to vessels which sail under the flag of Spain, 
which are recorded on a permanent basis in the registers 
of the relevant authorities at local level (registros de base) 
in the Canary Islands, under the conditions specified in 
Note 6 to Annex I to Council Regulation (EEC) No 
1135/88 of 7 March 1988 concerning the definition of 
the concept of 'originating products' and methods of 
administrative cooperation in trade between the customs 
territory of the Community, Ceuta and Melilla and the 
Canary Islands (3). 
Article 3 
The President of the Council is hereby authorized 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 Offical Journal of the 
European Communities. 
This Regulation shall be binding in its entirety and 
directly applicable in all Member States. 
O OJ No L 226, 29. 8. 1980, p. 33. 
O OJ No L 113, 30. 4. 1987, p. 1. O OJ No L 114, 2. 5. 1988, p. 1. 
No C 228/8 Official Journal of the European Communities 3. 9. 91 
PROTOCOL 
establishing for the period 16 June 1991 to 15 June 1993 the fishing rights and financial 
compensation provided for in the Agreement between the European Economic Community and 
the Government of the Republic of Guinea-Bissau on fishing off the coast of Guinea-Bissau 
THE PARTIES TO THIS PROTOCOL, 
Having regard to the Agreement between the European 
Economic Community and the Government of the 
Republic of Guinea-Bissau on fishing off the coast of 
Guinea-Bissau signed in Bissau on 27 February 1980, as 
last amended by the Agreement signed in Brussels on 29 
June 1987, 
HAVE AGREED AS FOLLOWS: 
Article 1 
For a period of two years from 16 June 1991, the fishing 
rights granted pursuant to Article 4 of the Agreement 
shall be as follows: 
1. (a) freezer shrimp trawlers: 11 000 GRT per month, 
annual average; 
(b) freezer fin fish and cephalopod trawlers: 6 000 
GRT per month, annual average; 
2. freezer tuna seiners: 20 vessels; 
3. pole-and-line tuna vessels and 
surf ache longliners: 12 vessels. 
Article 2 
1. The financial compensation referred to in Article 9 
of the Agreement shall be, for the period referred to in 
Article 1, ECU 12 000 000, payable in two equal annual 
instalments. 
2. The use to which this compensation is put shall be 
the sole responsibility of the Government of the Republic 
of Guinea-Bissau. 
3. The compensation shall be paid into an account 
opened with a financial institution or any other body 
designated by Guinea-Bissau. 
Article 3 
At the request of the Community, the fishing rights 
referred to in Article 1 (1) (a) and (b) may be increased 
by successive instalments of 1 000 GRT per month, 
calculated on an annual average basis. In this case, the 
financial compensation referred to in Article 2 shall be 
increased proportionately. 
Article 4 referred to in Article 1 the sum of ECU 850 000 towards 
the financing of a Guinea-Bissau scientific or technical 
programme to improve information on the fishery 
resources within the exclusive economic zone of Guinea-
Bissau and the functioning of the marine biology 
laboratory. 
This sum shall be made available to the Government of 
the Republic of Guinea-Bissau and paid into the account 
indicated by the Guinea-Bissau authorities. 
Article 5 
The two Parties agree that improving the skills of those 
involved in sea fishing is a vital element in the success of 
their cooperation. To that end, the Community shall 
make it easier for nationals of Guinea-Bissau to find 
places in establishments in its Member States and shall 
provide for that purpose, during the period referred to in 
Article 1, awards for study and practical training in the 
various scientific, technical and economic disciplines 
relating to fisheries. The awards may also be used in any 
country linked with the Community by a cooperation 
agreement. The total cost of the awards may not exceed 
ECU 550 000. At the request of the Guinea-Bissau auth­
orities, part of this sum may be used to cover the costs of 
participation in international meetings or training courses 
concerning fisheries or the organization of seminars on 
fishing in Guinea-Bissau, or to strengthen the adminis­
trative infrastructure of the Office of the Secretary of 
State for Fisheries. The sum shall be payable as and 
when it is used. 
Article 6 
Should the Community fail to make the payments 
provided for in Articles 2 and 4, the application of this 
Protocol may be suspended. 
Article 7 
The Annex to the Agreement between the European 
Economic Community and the Government of the 
Republic of Guinea-Bissau on fishing off the coast of 
Guinea-Bissau is hereby repealed and replaced by the 
Annex to this Protocol. 
Article 8 
This Protocol shall enter into force on the first day of 
the month following that on which it is signed. 
The Community shall also contribute during the period It shall be applicable from 16 June 1991. 
3. 9. 91 Official Journal of the European Communities No C 228/9 
ANNEX 
CONDITIONS FOR THE EXERCISE OF FISHING ACTIVITIES BY COMMUNITY VESSELS IN 
GUINEA-BISSAU'S FISHING ZONE 
A. Licence application and issuing formalities 
The procedure for applications for, and issue 6f, the licences enabling Community vessels to fish in 
Guinea-Bissau's fishing zone shall be as follows: 
The relevant Community authorities shall present to the Office of the Secretary of State for Fisheries of 
the Republic of Guinea-Bissau, via the Commission Delegation in Guinea-Bissau, an application for 
each vessel that is to be used for fishing under the Agreement, at least 30 days before the date of 
commencement of the period of validity requested. 
The applications shall be made on the forms provided for that purpose by the Government of the 
Republic of Guinea-Bissau, specimens of which are attached hereto (Annex 1). 
Each licence application shall be accompanied by proof of payment of the fee for the period of the 
licence's validity. Payment shall be made into the account referred to in Article 2 of the Protocol. 
The fees shall include all national and local taxes with the exception of port fees and fees for the 
provision of services. 
By way of derogation from Article 4 (3) of the Agreement, the licences shall be valid from their date of 
issue to 31 December of the year in which they are issued or to the expiry of the Protocol in the case of 
the last year of application of the Protocol. The fees are annual. However, during the first and last 
years of application of the Protocol they shall be payable in proportion to the period of validity of the 
Agreement. 
Licences for tuna seiners, pole-and-line tuna vessels and surface longliners shall be issued by the 
Guinea-Bissau authorities within the 30-day time limit laid down above to the shipowners or their 
representatives via the Delegation of the Commission of the European Communities in Guinea-Bissau. 
Freezer trawlers must be present in the port of Bissau when the licence is handed over. The Delegation 
of the Commission of the European Communities shall be notified of each licence issued. 
Licences shall be issued for a specific vessel and shall not be transferable. However, at the request of the 
European Economic Community, and where force majeure is proven, a vessel's licence shall be replaced 
by a new licence for another vessel whose features are similar to those of the first vessel. The owner of 
the first vessel shall return the cancelled licence to the Office of the Secretary of State for Fisheries of 
the Republic of Guinea-Bissau via the authorities of the Commission of the European Communities. 
The licence must be held on board at all times. 
1. Provisions applicable to trawlers 
For the duration of this Protocol the fees for annual licences shall be as follows: 
ECU 188 per GRT per year for fin fish trawlers; 
ECU 209 per GRT per year for cephalopod trawlers; 
ECU 266 per GRT per year for shrimp trawlers. 
The fees for a calendar year may be paid in four-monthly or half-yearly instalments, in which case 
they shall be increased by 5 % or 3 % respectively. 
2. Provisions applicable to tuna vessels and surface longliners 
(a) The fees shall be ECU 20 per tonne caught within Guinea-Bissau's fishing zone. 
No C 228/10 Official Journal of the European Communities 3.9.91 
(b) Licences shall be issued following payment to the Office to the Secretary of State for Fisheries of 
a lump sum of ECU 1 500 a year for each tuna seiner and ECU 300 a year for each pole-
and-line tuna vessel and surface longliner, equivalent to the fees for: 
— 75 tonnes of tuna caught per year in the case of seiners, 
— 15 tonnes caught per year in the case of pole-and-line tuna vessels and surface longliners. 
The final statement of the fees due for the fishing period shall be drawn up by the Commission 
of the European Communities at the end of each calendar year on the basis of the catch 
statements made by each shipowner and confirmed by the scientific institutes responsible for 
verifying catch data (Orstom and IEO — Spanish Institute of Oceanography). The statement 
shall be forwarded simultaneously to the Office of the Secretary of State for Fisheries and to the 
shipowners. Any additional payment due shall be made by the shipowners to the Office of the 
Secretary of State of Fisheries of Guinea-Bissau by 31 May of the foolowing year at the latest, in 
accordance with the procedure for payment set out in Article 2 of the Protocol. 
However, if the amount of the final statement is lower than the abovementioned amount, the 
resulting balance shall not be reimbursable. 
B. Statement of catch 
For all Community vessels authorized to fish in Guinea-Bissau's waters under the Agreement a 
statement of their catch must be provided to the Office of the Secretary of State for Fisheries, with a 
copy to the Commission Delegation in Guinea-Bissau, in accordance with the procedures set out below: 
— for trawlers a statement of catch shall be made out according to the specimen annexed hereto 
(Annex 2). The statements of catch shall be drawn up each month and presented at least once each 
quarter, 
— for tuna seiners, pole-and-line tuna vessels and surface longliners a fishing log shall be kept, in 
accordance with Annex 3, for each fishing period spent in Guinea-Bissau's fishing zone. The form 
must be sent, within 45 days of the end of the fishing voyage spent in the Guinea-Bissau fishing 
zone, to the Office of the Secretary of State for Fisheries via the Delegation of the Commission of 
the European Communities in Guinea-Bissau, 
— forms must be completed legibly and be signed by the master of the vessel. 
Should this provision not be adhered to, the Government of Guinea-Bissau reserves the right to suspend 
the licence of the offending vessel until the formality has been complied with. 
C. By-catches 
1. Fin fish trawlers may not hold on board crustaceans representing more than 10 % of their total catch 
in the Guinea-Bissau fishing zone. 
Cephalopod trawlers may not hold on board crustaceans representing more than 5 % or fish repre­
senting more than 10 % of their total catch in the Guinea-Bissau fishing zone. 
2. Pole-and-line tuna vessels shall, moreover, be authorized to fish for live bait in order to carry out 
their fishing activities in the Guinea-Bissau fishing zone. 
D. Signing-on of seamen 
Owners who have been issued fishing licences under the Agreement shall contribute to the on-the-job 
vocational training of Guinea-Bissau nationals, subject to the conditions and limits set out below: 
3. 9. 91 Official Journal of the European Communities No C 228/11 
1. each trawler owner shall undertake to employ: 
— 3 seamen/fishermen on vessels of up to 300 GRT, 
— 4 seamen/fishermen on vessels of between 300 and 400 GRT, 
— 5 seamen/fishermen on vessels of more than 400 GRT. 
2. Owners of tuna vessels and surface longliners shall undertake to employ Guinea-Bissau nationals, 
subject to the conditions and limits set out below: 
— for the fleet of tuna seiners, four Guinea-Bissau seamen shall be signed on permanently in the 
Guinea-Bissau fishing zone, 
— for the fleet of pole-and-line tuna vessels and surface longliners, six Guinea-Bissau seamen shall 
be signed on for the tuna fishing season in the Guinea-Bissau fishing zone, all of them to be 
assigned to different vessels. 
3. The wages of these seamen/fishermen shall be fixed, before licences are issued, by mutual agreement 
between the shipowners or their representatives and the Office of the Secretary of State for 
Fisheries; the wages shall be borne by the shipowners and must include the social contributions to 
which the seaman is subject (including life assurance and accident and sickness insurance). 
Should the seamen not be signed on, owners of tuna seiners, pole-and-line tuna vessels and surface 
longliners shall be obliged to pay a lump sum equivalent to the wages of seamen not signed on. 
This sum will be used for the training of seamen/fishermen in Guinea-Bissau and is to be paid into 
an account specified by the Guinea-Bissau authorities. 
E. Taking on board of observers 
1. The observer's task shall be to check on fishing activities in the Guinea-Bissau fishing zone. He shall 
be offered every facility needed to carry out his duties, including access to premises and documents. 
He must not remain on board any longer than is necessary for the accomplishment of his duties. The 
master of the vessel shall facilitate the work of the observer, who shall be accorded the conditions 
enjoyed by officers of the vessel. The salary and the social contributions of the observer shall be 
borne by the Government of Guinea-Bissau. 
Should the observer be taken on board in a foreign port, his travelling costs shall be borne by the 
shipowner. Should a vessel with an observer on board leave the Guinea-Bissau fishing zone, all 
measures must be taken to ensure the observer's return to Guinea-Bissau as soon as possible at the 
expense of the shipowner. 
2. Each trawler shall take on board an observer designated by the Office of the Secretary of State for 
Fisheries. As a contribution to the costs arising from the presence of the observer on board, the 
shipowner shall pay the Guinea-Bissau authorities the sum of ECU 4 per GRT per year per vessel 
exercising fishing activities in Guinea-Bissau waters at the same time as the licence fee is paid. 
3. Tuna vessels and surface longliners shall take an observer on board at the request of the Office of 
the Secretary of State for Fisheries. 
In that case, the port of embarkation shall be determined by mutual agreement between the Office of 
the Secretary of State for Fisheries and the shipowners or their representatives at a meeting to be 
arranged between the two parties. 
F. Inspection and monitoring 
Any Community vessel fishing in Guinea-Bissau's fishing zone shall allow on board any official of 
Guinea-Bissau responsible for inspection and monitoring and shall assist him in the accomplishment of 
his duties. The official must not remain on board any longer than is necessary for the verification of 
catches by random checks and for any other inspection relating to fishing activities. 
No C 228/12 Official Journal of the European Communities 3. 9. 91 
G. Fishing zones 
The freezer trawlers referred to in Article 1 of the Protocol shall be authorized to fish in waters beyond 
12 nautical miles from the base lines. 
H. Meshes authorized 
The minimum mesh size authorized for the trawl body (mesh fully extended) shall be: 
(a) 60 mm for fin fish vessels; 
(b) 40 mm for cephalopod vessels; 
(c) 40 mm for shrimp vessels (this mesh shall be applicable from 1 August 1989); 
(d) 16 mm for fishing for live bait. 
Outrigger fishing shall be authorized. 
I. Entering and leaving the zone 
All Community vessels fishing under the Agreement in the Guinea-Bissau zone shall communicate to 
the radio station of the Office of the Secretary of State for Fisheries the date and time and their 
position when entering and leaving the Guinea-Bissau fishing zone. 
The call sign, frequency and working hours of the station shall be communicated to the shipowners by 
the Office of the Secretary of State for Fisheries at the time the licence is issued. 
In cases where this radio communication cannot be used, vessels may use alternative means, such as 
telex (No 266 SEP BI), telegram or telefax (No 20 11 57). 
J. Procedure in case of boarding 
The authorities of the Commission of the European Communities in Guinea-Bissau shall be notified 
within 48 hours of any boarding within the Guinea-Bissau fishing zone of a fishing vessel flying the flag 
of a Member State of the Community and shall at the same time receive a brief report of the circum­
stances and reasons leading to the boarding. 
Before any judicial procedure, an attempt shall be made to resolve the presumed infringement through 
an administrative procedure. This procedure shall end no later than three working days after the 
boarding. 
If the case cannot be settled by administrative procedure and has to be brought before a competent 
judicial body, the competent authority shall fix a bank security within 48 hours of the completion of the 
administrative procedure pending the judicial decision. The size of the security shall not exceed the 
maximum fine provided for in national legislation in respect of the presumed infringement. 
The bank security shall be released by the competent authority once the master of the vessel has been 
acquitted by the judicial decision. 
The vessel and its crew shall be released: 
— either on fulfilment of the obligations arising from the administrative procedure, or 
— once the bank security has been lodged. 
Should one of the parties consider it necessary, it may request urgent consultations under Article 10 of 
the Agreement. 
3.9.91 Official Journal of the European Communities No C 228/13 
Annex 1 
APPLICATION FORM 
FOR A 
FISHING LICENCE 
For official use only 
Licence No: 
Date of signing: 
Date of issue: Remarks 
No C 228/14 Official Journal of the European Communities 3. 9. 91 
APPLICANT 
Name of firm: 
Trade register No: 
First name and surname of applicant: 
Date and 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: 
Propeller: Fixed D Variable D Ducted D 
Transit speed: 
Call sign: Call frequency: 
List of sounding, navigating and transmission instruments: 
Radar D Sonar D Netsonde D 
VHF D SSB D Netsonde satellite navigation O Other 
No of seamen: 
3. 9. 91 Official Journal of the European Communities No C 228/15 
CONSERVATION 
Packed in ice LJ Ice + refrigeration LJ 
Freezing in brine LJ Dry LJ 
Total refrigerating power: 
Freezing capacity in tonnes/24 hours: 
Hold capacity: Refrigerated sea water • 
TYPE OF FISHING 
A. Demersal 
Inshore demersal LJ 
Type of trawl: Cephalopods LI Deep-sea demersal LJ 
Shrimps LI Fish LJ 
Length of trawl: Headline: 
Mesh size in the body: 
Mesh size in the wings: 
Speed of trawling: 
B. Deep-sea pelagic (tuna) 
Pole and line LJ 
Seine LJ No of poles and lines U 
Length of net: Depth of net: 
No of tanks: Capacity in tonnes: 
C. Longlines and pots 
Surface LJ Bottom D 
Length of lines: No of hooks: 
No of lines: 
No of pots: 
No C 228/16 Official Journal of the European Communities 3. 9. 91 
SHORE INSTALLATIONS 
Address and permit No: 
Name of firm: 
Activities: 
Domestic wholesale fish trade LJ Export LJ 
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. 
3. 9. 91 Official Journal of the European Communities No C 228/17 
Technical remarks 
Authorization of the Office of the Secretary of State 
OFFICE OF THE SECRETARY OF STATE FOR 
FISHERIES Annex 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/ 
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31/ Fishing zone 
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fishing operations Number of 
fishing hours Species of fish 
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