COMMISSION OF THE EUROPEAN COMMUNITIES 
COM(93) 338 final 
Brussels, 19 July 1993 
Proposal for a 
COUNCIL DECISION 
on the conclusion of an Agreement in the form of an Exchange of Letters concerning the 
provisional application of the Protocol establishing for the period from 1 July 1993 to 
30 June 1996 the fishing rights and financial compensation provided for in the Agreement 
between the European Community and the Government of the Republic of the Gambia on 
fishing off the Gambia 
Proposal for a 
COUNCIL REGULATION (EEC) 
on the conclusion of the Protocol establishing for the period 1 July 1993 to 30 June 1996 
the fishing rights and financial compensation provided for in the Agreement between the 
European Community and the Republic of the Gambia on fishing off the Gambia 
(presented by the Commission) 
-b-
PROPOSAL 
COUNCIL DECISION 
of 
on the conclusion of an Agreement in the form of an Exchange of Letters 
concerning the provisional application of the Protocol establishing for the 
period from 1 July 1993 to 30 June 199 6 the fishing rights and financial 
compensation provided for in the Agreement between the European 
Community and the Government of the Republic of the Gambia on fishing off 
the Gambia 
THE COUNCIL OF THE BUROPBAN COMMUNITIES. 
Having regard to the Treaty establishing the European 
Community, 
Having regard to the Agreement between the Buropean 
Community and the Government of the Repu­
blic of the Gambia on fishing off the Gambia ('). which 
entered into force on 1 July 1987, 
Having regard to the proposal from the Commission, 
Whereas the Community and the Republic of the 
Gambia conducted negotiations to determine the amend­
ments or additions to be made to the abovementioned 
Agreement it the end of the period of application of the 
Protocol annexed thereto; 
Whereas, ai a result of those negotiations, a new Protocol 
was Imtlslledon 17 June 1993; 
Whereas, under that Protocol, Community fishermen 
have fishing rights in the waters under the sovereignty or 
jurisdiction of the Republic of the Gambis for the period 
from 1 July 1993 to 30 June 1996; HAS DBCIDBD AS FOLLOWS : 
Art kit 1 
The Agreement in the form of an Exchange of Letters 
concerning the provisional application of the Protocol 
establishing for the period from 1 July 1993 to 30 June 
199 6 the fishing rights and financial compensation 
provided for in the Agreement between the European 
Community and the Government of the Repu­
blic of the Gambia on fishing off the Gambia is hereby 
approved on behalf of the Community. 
The text of the Agreement is attached to this Decision. 
Article 2 
The President of the Council is hereby authorized 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 Brussels, 
For the Council 
The President 
Whereas, in order to avoid any interruption in the fishing 
activities of Community vessels, it is indispensable that 
the new Protocol be applied as soon as possible ; whereas, 
for this reason, the two parties initialled an Agreement in 
the form of an Exchange of Letters providing for the 
provisional application of the initialled Protocol from the 
day following the date of expiry of the Protocol in force ; 
whereas that Agreement should be approved pending 11 
final decision taken on the basis of Article 43 of the 
Treaty, 
(') OJ No L 146, 6. 6. 1987, p. 1. 
EXPLANATORY MEMORANDUM 
The protocol annexed to the fisheries agreement between EEC and Gambia 
expires on 30.6.1993. A new protocol was initialled by the two parties on 
17.6.1993 setting technical and financial terms governing fishing by EEC 
vessels in Gambia waters for the period 1.7.1993 to 30.6.1996. 
The Commission proposes on this basis that the Council adopt 
- by a Decision, the proposal for an agreement in the form of an exchange 
of letters on provisional application of the new protocol pending its 
entry into force 
- by a Regulation, the protocol setting fishing rights and the technical 
and financial terms thereof agreed between the EEC and Gambia from the 
period 1.7.1993 to 30.6.1996. 
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AGfitLMLNI 
In the form of an Exchango of Lottors concerning tho provisional 
application of tho Protocol ostabllshing for tho period from 1 July 1993 to 
30 Juno 199/) t ho fish I rig rights and financial compensation provldod for In 
the Agroomont botwoon tho Iuropoan Community and tho Covoinrnont of 
the Republic of Tho Gambia on fishing off The Gambia. 
A. Letter from the Government of the Republic of The Gambia 
Sir. 
With reference to the Protocol Initiallod on 1/ June 199.S establishing 
fishing rights and financial compensation for the period from 1 July 1993 
to 30 June 1996, 1 have the honour to Inform you that the Government of the 
Republic of The Gambia Is ready to apply this Protocol on a provisional 
basis, with effect from 1 July 1993, pending Its entry Into force In 
accordance with Article 8 of the said Protocol, provided that the European 
Community Is disposed to do the same. 
This Is on the understanding that a first Instalment equal to one third of 
the financial compensation specified In Article 3 of the Protocol Is paid 
by 31 October 1993. 
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 The Gambia 
- 2 -
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 17 June 1993 establishing 
fishing rights and financial compensation for the period from 1 July 1993 
to 30 June 1996, ' have the honour to Inform you that the Government of the 
Republic of The Gambia Is ready to apply this Protocol on a provisional 
basis, with effect from 1 July 1993, pending Its entry Into force In 
accordance with Article 8 of the said Protocol, provided that the European 
Community Is disposed to do the same. 
This Is on the understanding that a first Instalment equal to one third of 
the financial compensation specified in Article 3 of the Protocol is paid 
by 31 0ctober1993. 
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 
this provisional application of the Protocol. 
Please accept, Sir, the assurance of my highest consideration. 
On behalf of the Council 
of the European Communities 
-4»~ 
PROPOSAL 
COUNCIL REGULATION (EEC) No 
of 
on the conclusion of the Protocol establishing for the period 1 July 199 3to 30 June 1996 the 
fishing rights and financial compensation provided for in the Agreement between the European 
Community and the Republic of the Gambia on fishing off The Gambia 
THE COUNCIL OF THE EUROPEAN COMMUNITIES. HAS ADOPTED THIS REGULATION 
Having regard to the Treaty establishing the European 
Economic Community, and in particular Article 43 
thereof, Article I 
The Protocol establishing for the period from 1 July 1993 to 
30 June \9% the fishing rights and financial compensation 
provided for in the Agreement between the European 
Economic Community and the Republic of The Gambia on 
fishing off The Gambia is hereby approved on behalf of the 
Community. 
Having regard to the proposal from the Commission ('] The text of the Protocol is attached to this Regulation. 
Having regard to the opinion of the European 
Parliament (2), 
Whereas, pursuant to the Agreement between the European 
Community and the Government of the Republic 
of The Gambia on fishing off The Gambia (3 ), 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 annexed thereto(4) ', 
Whereas, as a result of those negotiations, a new Protocol 
establishing the fishing rights and financial compensation 
provided for in the abovementioned Agreement for the 
period from 1 July 1993to 30 June 199 6was initialled on 
17 June 1993; Article 2 
The President of the Council is hereby authorized to 
designate the persons empowered to sign the Protocol in 
order to bind the Community. 
Article 3 
This Regulation shall enter into force on the third day 
following its publication in the Official Journal of the 
European Communities. 
Whereas it is in the Community's interest to conclude the 
Protocol, 
This Regulation shall be binding in its entirety and dircaly applicable in all Member 
States. 
Done at Brussels, 
(') OJ No C 
(*) Opinion delivered on 
the Official Journal). 
(•) OJ No I. 146,6. 6. 1987, p. ^. For the Council 
The President 
(not yet published in 
U>r<(EEC)N.3940/90 of 19.12.1990, 0J No. L 379 of 31.12.90,p. 15 
-f-
PRQTQCOL 
establishing the fishing rights and financial compensation provided for In 
the Agreement between the European Economic Community and the Republic of 
The Gambia on fishing off the coast of The Gambia for the period from 
1 July 1993 to 30 June 1996. 
Article 1 
Pursuant to Article 4 of the Agreement and for the period from 1 July 1993 
to 30 Juno 1996, annual fishing rights shall be as follows: 
1. Tuna vessels : 
(a) Freezer seiners : 23 vessels 
(b) Pole and line : 7 vessels 
Trawlers and other vessels : 
(a) Fresh fish trawlers : 410 GRT 
( \) Freezer trawlers : 
- fishing for shrimps : 2.000 GRT 
- fishing for other species : 750 GRT 
Article 2 
The total number of fishing days by fresh fish vessels and freezer trawlers 
In The Gambia's fishing zone Is limited to 1,000 fishing days and 4,000 
fishing days, respectively. In each fishing year of application of the 
Protocol. 
The authorities of The Gambia shall notify the Commission Delegation in The 
Gambia when 80 % of the fishing days authorized for each category of vessel 
have been utilized. 
Article 3 
1. For the period referred to In Article 1 the financial compensation 
referred to In Article 9 of the Agreement shall be 1.100.000 ECU payable 
In three equal annual Instalments. 
2. The use to which this compensation Is put shall be the sole 
responsibility of the authorities of The Gambia. 
3. The compensation shall be paid to the Accountant General's Department of 
The Gambia. 
C*0tf 
~.g~~ 
Article 4 , 
1. The Community shall also contribute during the period referred to In 
Article 1 the sum of 80.000 ECU towards the financing of scientific 
programmes designed to Improve knowledge on the fish resources within 
the water8 of The Gambia. 
2. Following communication by the relevant authorities of The Gambia of the 
content of the scientific programmes, the corresponding amounts shall 
be transmitted to the account specified by those authorities. 
3. The relevant authorities of The Gambia shall submit to the relevant 
services of the Commission reports on the realisation of these 
programmes. 
Article 5 
The two Parties agree that improving the skills and knowledge 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 The Gambia to find places in establishments in its Member 
States and shall provide for that purpose 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 220.000 ECU. At the 
request of the relevant authorities of The Gambia, part of this sum may 
be used tô cover the costs of participation in international meetings or 
training courses concerning 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 3 
and 4, the app11 cat ion of this Protocol may be suspended. 
Article 7 
The Annex to the Agreement between the European Community and the 
Government of the Republic of The Gambia on fishing off the coast of The 
Gambia is hereby repealed and replaced by the Annex to this Protocol. 
Article 8 
This Protocol shall enter Into force on the date on which it Is signed. 
It shall be applicable from 1 July 1993. 
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ANNEX 
Conditions for the exercise of fishing activities by Community vessels 
In The Gambia's fishing zone 
A. LICENCE APPLICATION AND ISSUING FORMALITIES 
1. The relevant Community authorities shall present to the relevant 
authorities of The Gambia, via the Commission Delegation In The Gambia, 
an application for each vessel that Is to be used for fishing under the 
Agreement, at least 15 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 relevant authorities of The Gambia, a specimen of which Is attached 
hereto (Appendix 1). 
2. 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 an account opened with a financial Institution or any other body 
designated by The Gambia's authorities. 
The fees shall include all national and local charges except for port 
taxes and service charges. 
3. Licences for all vessels shall be Issued by the relevant authorities of 
The Gambia, within 15 days following receipt of proof of payment as laid 
down at 2 above, to the shipowners or their representatives via the 
Commission Delegation in The Gambia. 
4. Licences shall be issued for a specific vessel and shall not be 
transferable. However, at the request of the European Economic 
Community, a vessel's licence may, and In the case of force majeure 
shall be replaced by a new licence for another vessel with features 
similar to those of the first vessel. The owner of the first vessel 
shall return the cancelled licence to the relevant authorities of The 
Gambia via the Commission Delegation in The Gambia. 
The new licence shall indicate: 
- the date of Issue-, 
- the fact that It replaces the licence of the previous vessel for the 
remaining period of validity. 
In this case, no fee shall be due for unexpired period of validity. 
5. The licence must be held on board at all times. 
6. The Accountant General's Department of The Gambia shall give notice, 
before the Agreement enters Into force, of the arrangements for payment 
of the fee. Including information on bank accounts and the currencies to 
be used. 
^%n 
Ao— 
B. PROVISIONS APPLICABLE TO LICENCES FOR TUNA VESSELS 
1. Licences shall be valid for one year. They shall be renewable. 
2. The fee shall be set at ECU 20 per tonne caught within The Gambia's 
fishing zone. 
3. Licences shall be Issued following payment to the Accountant General's 
Department of The Gambia of a lump sum of 1,000 ECU a year for each tuna 
seiner and 200 ECU a year for each pole-and-lI ne tuna vessel 
, equivalent to the fees payable for a catch of: 
- 50 tonnes of tuna per year in the case of seiners; 
- 10 tonnes per year In the case of pole-and-lIne tuna vessels 
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 for each 
vessel and confirmed by the relevant scientific institutes, including 
the French Office de ta recherche scientifique et technique d'outre-flier 
(0RST0M) and the Instltuto Espanol de Oceanografla (IE0). 
The statement shall be forwarded simultaneously to the relevant 
authorities of The Gambia and to the shipowners. Any additional payment 
due shall be made by the shipowners to the Accountant General's 
Department of The Gambia no later than 30 days after notification of the 
final statement, to be paid into the account opened with a financial 
Institution or any other body designated by the relevant authorities of 
The Gambia. 
However, If the amount of the final statement Is lower than the above-
mentioned amount, the resulting balance shall not be reimbursable. 
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C. PROVISIONS APPLICABLE TO LICENCES FOR OTHER VESSELS 
1. Licences shall be valid for three, six or twelve months. The annual fee 
shall be fixed according to grt, in proportion to the duration of the 
licence, at the rate of : 
a) fresh fish vessels : 
- 96 ECU per GRT for vessels fishing for crustaceans, 
- 60 ECU per GRT for other vessels; 
b) freezer vessels : 
- 96 ECU per GRT for shrimp vessels. 
- 72 ECU per GRT for other vessels. 
These fees shall be paid to the Accountant General's Department of The 
Gambia In the currency Indicated by the relevant authorities of The 
GambI a. 
2. Trawlers fishing In The Gambia's fishing zone shall be limited at a 
maximum of 1,500 GRT. 
3. Each vessel shall be represented by an agent selected by the shipowner 
and based in The Gambia. An agent may represent more than one vessel. 
D. STATEMENT OF CATCH 
and 
1. For tuna seiners **t>oIe-and-1 Ine tuna vessels a 
fishing log shall be kept. In accordance with the model In Appendix 2, 
for each fishing period spent In The Gambia's fishing zone. The form 
must be sent, within 45 days of the end of the fishing voyage spent In 
The Gambia's fishing zone, to the relevant authorities of The Gambia's 
via the Commission Delegation In The Gambia; 
2. Trawlers are obliged to notify the relevant authorities of The Gambia of 
their catches using the standard form given In Appendix 3 via the 
Commission Delegation In The Gambia. These statements shall be monthly 
and must be communicated at least once every three months. 
3. Forms must be completed legibly and be signed by the master of the 
vesseI. 
4. Should these provisions not be adhered to, the relevant 
authorities of The Gambia reserve the right to suspend the licence of 
the offending vessel until the formality has been compiled with. 
In this case, the Commission Delegation In The Gambia shall be Informed. 
E. LANDING QF CATCH 
Trawlers authorized to fish In The Gambia's fishing zone shall, In order 
to make a contribution towards supplying the local population with fish 
caught in The Gambia's fishing zone, be obliged to land free of charge, 
to the Ministry of Water Resources, Forestry and Fisheries of The 
Gambia, 30 kilos per GRT per year of fish for local consumption. 
Landings may be made Individually or collectively, mention being made of 
the vessels concerned. 
F- S1GN1NG-0N OF SEAMEN 
1. Trawler owners who have been Issued fishing licences under the 
Agreement shall contribute to the on-the-job vocational training of 
The Gambia national, taking on board one seaman per trawler. 
2. The wage of this fisherman to be borne by the shipowners, sha11 be 
fixed by mutual agreement between shipowners and the relevant 
authorities of The Gambia. Should the fisherman not be signed on. 
the shipowners shall be obliged to pay a lump sum equivalent to 60 % 
of the seamen's wage. This sum will be used for the training of 
fishermen in The Gambia and is to be paid into an account specified 
by the relevant authorities of the Gambia. 
G. FISHING ZONES 
Community vessels may carry out fishing activities in the following 
zones : 
- beyond 7 miles from the coast for trawlers 
equal or less than 250 GRT; 
- beyond 12 miles from the coast for trawlers of 
more than 250 GRT; 
- throughout the waters under sovereignty or Jurisdiction of The Gambia 
for tuna vessels. 
H. MESHES AUTHOR I ZEP_ 
The minimum mesh size authorized for the trawl body (mesh fully 
extended) shall be, when fishing for : 
I Ive ba11 : 8 mm 
- cephalopods : 40 mm 
- fin fish : 60 mm 
- shr imp : 40 mm 
In the case of tuna, tho International standards recommended by ICCAT 
sha11 apply. 
-AS-
I. ENTERING AND LEAYING THE ZONE 
1. All Community vessels fishing under the Agreement In The Gambia's 
fishing zone shall communicate to the Banjul radio station the date and 
time and their position when entering and leaving The Gambia's fishing 
zone. 
2. While fishing In The Gambia's fishing zone, vessels shall notify their 
position and their catch to the relevant authorities of The Gambia every 
three days via the Banjul radio station, and give their total catch each 
time they leave the zone. 
3. The call sign and operating frequencies and working hours of the station 
shall be communicated to the shipowners or their representatives by the 
relevant authorities of The Gambia at the time the licence is Issued. 
4. In cases where this radio communication cannot be used, vessels may use 
alternative means, such as telex or telegram. 
J. PROCEDURE IN CASE OF ARREST AND DETENTION 
The Commission Delegation In The Gambia shall be not Ifled wI thin 48 
hours of any arrest and detention within The Gambia's fishing zone of a 
fishing vessel flying the flag of a Member State of the Community and 
operating under this Agreement. A brief report of the circumstances and 
reasons leading to the arrest shall be provided within 72 hours. 
-AH-
Appendix 1 
REPUBLIC OF THE GAMBIA 
APPLICATION FORM FOR FISHING VESSEL TO FISH IN CAMBIAN WATERS 
I. APPLICANT: 
1. .Name of applicant: 
2. Name of company: 
3. Address: 
II. VESSEL: 
1. Name; 
2. Registration no: ........ 
3. Dace and place of construction: 
4. Radio caH sign: 
5. Country of registration: 
6. Gross register tonnes: 
7. Number of fish holds: .... 
8. Capacity of holds: 
9. Total number of crew: 
10. Fishing method: „... 
11. Is the vessel a freezer? 
12. If yes: 
— Freezer capacity: 
— Storage capacity: 
13. Name of master of vessel: 
III. PERIOD OF APPLICATION: 
From .- to 
(Date) 
(Signature) 

~<M-
Appendix 3 
Specimen of form provided for in Article 6 of the Agreement 
STATEMENT OF CATCH 
Month: 
Year: .. 
Name of vessel: 
Nationality: 
Company: Gross tonnages: 
Licence No: 
FISHING ZONE 
Longitude Latitude 
• ••-Number 
of fishing 
hours 
-
Totals: SPECIES OF FISH (kilograms) 
. ... • Other 
• Totals 
, Comments 
** 
. — 
1 
«* #1 '• jÊ» 
1. BUDGET HEADING B7 - 800 APPROPRIATIONS 
2. TITLE : New EC/Gambia 
3. LEGAL BASIS : EC/Gambia agreement 
4. AIMS OF PROJECT : Protocol for a period of 3 years 
5. FINANCIAL IMPLICATIONS 
5.0. EXPENDITURE 
- charged to the EC budget 
(refunds/intervention) 
- national administration 
- other 
5.1. REVENUE 
- own resources of the EC 
(levies/customs duties) 
- national PERIOD OF 12 
MONTHS CURRENT 
FINANCIAL 
YEAR (93) 
466.700 ECU 
(annual 
average) FOLLOWING 
FINANCIAL 
YEAR (94) 
466.700 ECU 
(annual 
average) 
1993 
5.0.1. ESTIMATED EXPENDITURE 
5.1.1. ESTIMATED REVENUE 1994 
466.700 | 466.700 
(annual average) 1995 
466.700 
5.2. METHOD OF CALCULATION - financial contribution 
- scientific programme 
- study grants 
Financial compensation 
Average annual cost 1.100.000 ECU 
80.000 ECU 
220.000 ECU 
1.400.000 ECU 
466.700 ECU 
6.0. CAN THE PROJECT BE FINANCED FROM APPROPRIATIONS ENTERED IN 
THE RELEVANT CHAPTER OF THE CURRENT BUDGET ? YES/,*0*^ 
6.1. CAN THE PROJECT BE FINANCED BY TRANSFER BETWEEN CHAPTERS 
OF THE CURRENT BUDGET ? YES /yf 
6.2. IS A SUPPLEMENTARY BUDGET NECESSARY ? Y^TNO 
6.3. WILL FUTURE BUDGET APPROPRIATIONS BE NECESSARY ? YES/Jf^ 
OBSERVATIONS : 
ISSN 0254-1475 
COM(93) 338 final 
DOCUMENTS 
EN 11 03 
Catalogue number : CB-CO-93-369-EN-C 
ISBN 92-77'-57962-5 
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