COMMISSION OF THE EUROPEAN COMMUNITIES
Brussels, 10.10.2003
COM(2003)593 final
2003/0227 (CNS)
Proposal for a
COUNCIL REGULATION
on the conclusion of the Agreement in the form of an Exchange of Letters concerning
the provisional application of  amendments to the Protocol  establishing the fishing
opportunities and the compensation provided for in the Agreement between the
European Economic Community and the Gove rnment of the Republic of Guinea-Bissau
on fishing off the coast of  Guinea-Bissau for the peri od 16 June 2001 to 15 June 2006,
and Council Decision of 26 February 2001 se tting the terms for financial support to
Guinea-Bissau in the fisheries sector
.
(presented by the Commission)
2EXPLANATORY MEMORANDUM
The Protocol attached to the Fisheries Agreement between the European Community and the
Government of the Republic of Guinea-Bis sau covers the period from 16 June 2001 to 15
June 2006.
The two Parties met in Bissa u on 19 and 20 May 2003, within the Joint Committee provided
for in Article 11 of the Agreement between Guinea-Bissau and the European Community, toanalyse all aspects of the implementation of the provisions of the Protocol on fisheries and the
ad hoc Council Decision of 26 February 2001
1.
They noted the difficulties encountered with the u tilisation of fishing rights, in particular the
low utilisation of licences in the shrimp trawler segment.
The two Parties agreed to amend some of the technical characteristics of the Protocol and,
with the priority on the protection and g ood management of Guin ea-Bissau’s fisheries
resources, agreed that they should, by way of precaution, reduce fishing effort in certain
fisheries in the final two years covered by  the Protocol (16 June 2004 - 15 June 2006) in
accordance with the guidelines set out in the interim reports following scientific monitoringcampaigns.
The two delegations also agreed on the prin ciple of reprogramming specific support measures
for the fisheries sector and of devising a programming method and allocating financial
resources to this end (financing a scientific programme to improve information on fisheriesresources and monitoring of the evolution of  resources; support for improved health and
hygiene conditions in the fisheries sector; ins titutional support for the Ministry of Fisheries;
support for investments in the small-scale fish ing sector; fisheries monitoring and control).
The Republic of Guinea-Bissau also agreed to review all agreements (bilateral and/or private
agreements) currently in force with a view to reducing fishing effort in segments which areover-exploited, guaranteeing compliance with commitments to promote responsible fishing,
reviewing fisheries agreements, putting a freeze on new bilateral and private agreements, andstrengthening fisheries monitoring policy so as to ensure the rational management of fisheriesresources.
The Commission proposes, on this basis, that the Council adopt by Regulation the exchange
of letters with the amendments to the Prot ocol and to the Council Decision of 26 February
2001.
                                                
1OJ L 66, 8.3.2001.
32003/0227 (CNS)
Proposal for a
COUNCIL REGULATION
on the conclusion of the Agreement in the form of an Exchange of Letters concerning
the provisional application of  amendments to the Protocol  establishing the fishing
opportunities and the compensation provided for in the Agreement between the
European Economic Community and the Gove rnment of the Republic of Guinea-Bissau
on fishing off the coast of  Guinea-Bissau for the peri od 16 June 2001 to 15 June 2006,
and Council Decision of 26 February 2001 se tting the terms for financial support to
Guinea-Bissau in the fisheries sector
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular
Article 37 in conjunction with Article 300(2) and the first subparagraph of Article 300(3)
thereof,
Having regard to the proposal from the Commission2,
Having regard to the opinion of the European Parliament3,
Whereas:(1) In accordance with the Agreement between  the European Economic Community and
the Government of the Republic of Guinea-B issau on fishing off the coast of Guinea-
Bissau
4, the two Parties met within the Joint Committee provided for in Article 11 of
that Agreement. The aim of this meeting was to analyse all aspects of theimplementation of the provisions  of the Protocol establishing the fishing opportunities
and the financial compensation provided fo r in the Agreement for the period from 16
June 2001 to 15 June 2006
5 and of the ad hoc Council Decision of 26 February 20016
so as to determine any amendmen ts or additions to be made.
(2) Following this meeting, an exchange of letters setting out technical changes and
changes to the fishing opportunities and compensation provided for in the above
Agreement and Decision was signed on 20 May 2003.
(3) It is in the Community’s interest to approve that exchange of letters.
                                                
2OJ C […], […], p. […].
3OJ C […], […], p. […].
4OJ L 226, 29.8.1980, p. 33.
5OJ L 19, 22.1.2002, p. 35.
6OJ L 66, 8.3.2001, p. 33.
4(4) The method of allocating the fishing oppor tunities among the Member States should
be defined on the basis of the traditional allocation of fishing opportunities under the
Fisheries Agreement,
HAS ADOPTED THIS REGULATION:
Article 1
The Agreement in the form of an Exchange of Letters concerning the provisional application
of amendments to the Protocol establishing  the fishing opportunities and the compensation
provided for in the Agreement between th e European Economic Community and the
Government of the Republic of Guinea-Bissau on fishing off the coast of Guinea-Bissau forthe period 16 June 2001 to 15 June 2006, and Council Decision of 26 February 2001 setting
the terms for financial support to Guinea-Bissau in the fisheries sector is hereby approved on
behalf of the Community.
The text of the Agreement is attached to this Regulation.
Article 2
1. The fishing opportunities provided for in th e Agreement shall be allocated among the
Member States as follows:
(a) shrimp:
Italy 1 776 GRT
Spain 1421 GRTPortugal 1 066 GRTGreece 137 GRT;
(b) fin-fish/cephalopods:
Spain 3 143 GRT
Italy 786 GRTGreece 471 GRT;
(c) tuna seiners:
Spain 20 vessels
France 19 vesselsItaly 1 vessel;
5(d) surface longliners and pole-and-line vessels:
Spain 21 vessels
France 5 vesselsPortugal 4 vessels.
2. If licence applications from the Member  States referred to in paragraph 1 do not
cover all the fishing opportunities fixe d by the Protocol, the Commission may
consider licence applications from any other Member State.
Article 3
The Member States whose vessels are fishing under the Agreement are obliged to notify the
Commission of the quantities of each stock ta ken in Guinea-Bissau’s fishing zone in
accordance with the arrangements laid down in Commission Regulation (EC) No 500/2001
7.
Article 4
The President of the Council is hereby authoris ed to designate the persons empowered to sign
the Agreement in order to bind the Community.
Article 5
This Regulation shall enter into force on the day following its publication in the Official
Journal of the European Union .
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels,
For the Council
The President
                                                
7OJ L 73, 15.3.2001, p. 8.
6AGREEMENT
in the form of an Exchange of Letters
concerning the provisional application of amendments to the Protocol establishing the
fishing opportunities and the compensation provided for in the Agreement between the
European Economic Community and the Gove rnment of the Republic of Guinea-Bissau
on fishing off the coast of  Guinea-Bissau for the peri od 16 June 2001 to 15 June 2006,
and Council Decision of 26 February 2001 se tting the terms for financial support to
Guinea-Bissau in the fisheries sector8
A. Letter from the Government of the Republic of Guinea-Bissau
Sir,
With reference to the Protocol initialle d on 30 May 2001 establishing the fishing
opportunities and the compensation for the pe riod 16 June 2001 to 15 June 2006, the detailed
rules for implementing the Council Decision of 26 February 2001 (OJ L 66, 8.3.2001) and the
result of the meeting of the Joint Committee on 19-20 May 2003, I hereby inform you that theGovernment of the Republic of Guinea-Bissau is ready to apply the following amendments tothe Protocol on a provisional basis, with ef fect from 16 June 2003, pending its entry into
force in accordance with Article 9 thereof, provided that the Community is prepared to do thesame.
1. From 16 June 2004, until the expiry of the Protocol, the fishing opportunities
granted pursuant to Article 4 of the Agreement shall be as follows:
(a) freezer shrimp trawlers: 4 400 gross registered tonnes (GRT);(b) freezer fin-fish and cephalopod trawle rs: 4 400 gross registered tonnes (GRT);
(c) freezer tuna seiners: 40 vessels;(d) pole-and-line tuna vessels a nd surface longliners: 30 vessels.
2. The two Parties have agreed to allow exchanges of fishing rights between the first
two categories (freezer shrimp trawlers a nd freezer fin-fish and cephalopod trawlers)
in the period 16 June 2003 to 15 June 2004, this flexibility being needed to ensurethat the Protocol on fisherie s is more efficiently used.
3. From 16 June 2004, the compensation provide d for in Article 9 of the Agreement
shall be EUR 7 260 000 per year.
                                                
8OJ L 66, 8.3.2001.
74. The support measures in the fisheries sect or shall be financed from financial resources
available under the Council Decision of 26 February 2001 (EUR 3 250 000). Once theCommission has accepted the implementation re port for the first instalment (ad hoc
measure of 26 February 2001), it shall pa y these financial resources up to a total
EUR 3 250 000 by way of advance for th e implementation of measures programmed
jointly. Any transfers shall be decided on by agreement between the two Parties inaccordance with the arrangements provided for below.
5. The support measures in the fisheries sector  provided for in the Protocol on fisheries
(Article 4) and in the Decision of 26 Fe bruary 2001 and the rela ted financial resources
shall be reprogrammed on the basis of the following principles:
(a) financing of a Guinea-Bissau scientific or technical programme to improve
information on fisheries resources, the monitoring of the evolution of
resources in Guinea-Bissau’s fishing zone  and the functioning of the fisheries
research laboratory, in particular as  regards improving health and hygiene
conditions in the fisheries sector;
(b) institutional support for the Ministry of Fisheries including technical assistance
to set up and monitor the above measures  and funding of awards for study and
practical training in the various scie ntific, technical and economic disciplines
relating to fisheries. The awards may also be used in any State linked with theCommunity by a cooperation agreement. At the request of the Guinea-Bissau
authorities, part of that sum may be used to cover the costs of participation ininternational meetings or training courses concerning fisheries or theorganisation of seminars on fishing in Guinea-Bissau;
(c) support for investments in th e small-scale fishing sector;
(d) fisheries surveillance (purchasing equipment, administrative costs of
monitoring, technical assistance, hiring  equipment, and monitoring measures
in conjunction with other countries and organisations in the region and/or the
European Union), including the possibility of meeting the cost of setting up asatellite monitoring system (VMS) for fishing vessels.
The technical and financial programming of these measures shall be agreed between
the Government of the Republic of Guin ea-Bissau and the European Commission, in
annual instalments by the following dates: 16 June 2004 and 16 June 2005. The
related payments shall be conditional on th e presentation by the Government of the
Republic of Guinea-Bissau of a detailed implementation report and its acceptance bythe European Commission.
86. The Republic of Guinea-Bissau also agrees to review all agreements (bilateral and/or
private agreements) other than those with UEMOA member states, with a view to:
– reducing fishing effort in segments which are over-exploited, particularly
shrimp fishing;
– guaranteeing compliance with the provisions  of Article 3 of the Protocol which
stipulates that “the two Parties undert ake to promote responsible fishing in
Guinea-Bissau waters based on the principle of non-discrimination betweenthe different fleets fishing in these waters”;
– placing a freeze on new bilateral and private agreements as regards the fishing
arrangements provided for in the Agreement between the EC and the Republicof Guinea-Bissau until the Parties reach agreement.
The review of the fisheries agreements and the renegotiation thereof with a view to
bringing the financial compensation into line with the Agreement with the EuropeanCommunity or to terminating them must be finalised by 16 June 2004.
Failure to comply with these undertakings shall automatically give the other party
the right to terminate the agreement and cancel any financial transfers from the dateof termination.
7. In addition, and in order to finalise the support measures provided for in the first
instalment of the Decision of 26 Februa ry 2001, the Government of the Republic of
Guinea-Bissau shall transfer irrevocably to  a joint-signature account administered by
the secretariat of state for fisheries and the European Commission delegation inBissau, by 15 October 2003, the amounts yet to be implemented under the firstinstalment of the Council Decision of 26 February 2001 (EUR 1 782 655).
Future transfers relating to the support measur es in the fisheries sector shall be made
by the European Commission directly to this account.
8. The second paragraph of point 5.3 of th e Annex to the Protocol on fisheries is
hereby amended by adding the following sentence:
“If the fishing season does not exceed one month, the shipowners’ contribution shall
be limited to the payment of on e month’s salary (EUR 400).”
I should be obliged if you would confirm the Community’s agreement to such provisional
application.
Please accept, Sir, the assurance of my highest consideration.
For the Government of the Republic of Guinea-Bissau
9B. Letter from the Community
Sir,
I have the honour to acknowledge receipt of yo ur letter of today’s date, which reads as
follows:
“Sir,With reference to the Protocol initialle d on 30 May 2001 establishing the fishing
opportunities and the compensation for the pe riod 16 June 2001 to 15 June 2006, the detailed
rules for implementing the Council Decision of 26 February 2001 (OJ L 66, 8.3.2001) and the
result of the meeting of the Joint Committee on 19-20 May 2003, I hereby inform you that theGovernment of the Republic of Guinea-Bissau is ready to apply the following amendments tothe Protocol on a provisional basis, with ef fect from 16 June 2003, pending its entry into
force in accordance with Article 9 thereof, provided that the Community is prepared to do thesame.
1. From 16 June 2004, until the expiry of the Protocol, the fishing opportunities
granted pursuant to Article 4 of the Agreement shall be as follows:
(a) freezer shrimp trawlers: 4 400 gross registered tonnes (GRT);(b) freezer fin-fish and cephalopod trawle rs: 4 400 gross registered tonnes (GRT);
(c) freezer tuna seiners: 40 vessels;(d) pole-and-line tuna vessels a nd surface longliners: 30 vessels.
2. The two Parties have agreed to allow exchanges of fishing rights between the first
two categories (freezer shrimp trawlers a nd freezer fin-fish and cephalopod trawlers)
in the period 16 June 2003 to 15 June 2004, this flexibility being needed to ensurethat the Protocol on fisherie s is more efficiently used.
3. From 16 June 2004, the compensation provide d for in Article 9 of the Agreement
shall be EUR 7 260 000 per year.
4. The support measures in the fisheries sect or shall be financed from financial resources
available under the Council Decision of 26 February 2001 (EUR 3 250 000). Once theCommission has accepted the implementation re port for the first instalment (ad hoc
measure of 26 February 2001), it shall pa y these financial resources up to a total
EUR 3 250 000 by way of advance for th e implementation of measures programmed
jointly. Any transfers shall be decided on by agreement between the two Parties inaccordance with the arrangements provided for below.
105. The support measures in the fisheries sector  provided for in the Protocol on fisheries
(Article 4) and in the Decision of 26 Fe bruary 2001 and the rela ted financial resources
shall be reprogrammed on the basis of the following principles:
(a) financing of a Guinea-Bissau scientific or technical programme to improve
information on fisheries resources, the monitoring of the evolution of
resources in Guinea-Bissau’s fishing zone  and the functioning of the fisheries
research laboratory, in particular as  regards improving health and hygiene
conditions in the fisheries sector;
(b) institutional support for the Ministry of Fisheries including technical assistance
to set up and monitor the above measures  and funding of awards for study and
practical training in the various scie ntific, technical and economic disciplines
relating to fisheries. The awards may also be used in any State linked with theCommunity by a cooperation agreement. At the request of the Guinea-Bissau
authorities, part of that sum may be used to cover the costs of participation ininternational meetings or training courses concerning fisheries or theorganisation of seminars on fishing in Guinea-Bissau;
(c) support for investments in th e small-scale fishing sector;
(d) fisheries surveillance (purchasing equipment, administrative costs of
monitoring, technical assistance, hiring  equipment, and monitoring measures
in conjunction with other countries and organisations in the region and/or the
European Union), including the possibility of meeting the cost of setting up asatellite monitoring system (VMS) for fishing vessels.
The technical and financial programming of these measures shall be agreed between
the Government of the Republic of Guin ea-Bissau and the European Commission, in
annual instalments by the following dates: 16 June 2004 and 16 June 2005. The
related payments shall be conditional on th e presentation by the Government of the
Republic of Guinea-Bissau of a detailed implementation report and its acceptance bythe European Commission.
6. The Republic of Guinea-Bissau also agrees to review all agreements (bilateral and/or
private agreements) other than those with UEMOA member states, with a view to:
– reducing fishing effort in segments which are over-exploited, particularly
shrimp fishing;
– guaranteeing compliance with the provisions  of Article 3 of the Protocol which
stipulates that “the two Parties undert ake to promote responsible fishing in
Guinea-Bissau waters based on the principle of non-discrimination betweenthe different fleets fishing in these waters”;
– placing a freeze on new bilateral and private agreements as regards the fishing
arrangements provided for in the Agreement between the EC and the Republicof Guinea-Bissau until the Parties reach agreement.
11The review of the fisheries agreements and the renegotiation thereof with a view to
bringing the financial compensation into line with the Agreement with the EuropeanCommunity or to terminating them must be finalised by 16 June 2004.
Failure to comply with these undertakings shall automatically give the other party
the right to terminate the agreement and cancel any financial transfers from the dateof termination.
7. In addition, and in order to finalise the support measures provided for in the first
instalment of the Decision of 26 Februa ry 2001, the Government of the Republic of
Guinea-Bissau shall transfer irrevocably to  a joint-signature account administered by
the secretariat of state for fisheries and the European Commission delegation inBissau, by 15 October 2003, the amounts yet to be implemented under the firstinstalment of the Council Decision of 26 February 2001 (EUR 1 782 655).
Future transfers relating to the support measur es in the fisheries sector shall be made
by the European Commission directly to this account.
8. The second paragraph of point 5.3 of th e Annex to the Protocol on fisheries is
hereby amended by adding the following sentence:
‘If the fishing season does not exceed one month, the shipowners’ contribution shall
be limited to the payment of one month’s salary (EUR 400).’ ”
I have the honour to confirm the Community’s agreement to such provisional application.
Please accept, Sir, the assurance of my highest consideration.
On behalf of the Council of the European Union
12LEGISLATIVE FINANCIAL STATEMENT
Policy area(s): External aspects of fishery policy
Activity(ies): International Fisheries Agreements
TITLE OF ACTION :
NEW EXCHANGE OF LETTERS MAKING AMENDMENTS TO THE PROTOCOL
ESTABLISHING THE FISHING OPPORTUNITIES AND THE 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 FOR THE PERIOD 16 J UNE 2001 TO 15 J UNE 2006, AND COUNCIL
DECISION OF 26 F EBRUARY 2001 SETTING THE TERMS FOR FINANCIAL SUPPORT TO
GUINEA -BISSAU IN THE FISHERIES SECTOR . NEW PROTOCOL ESTABLISHING THE
FISHING OPPORTUNITIES AND COMPENSATION UNDER THE EC/G UINEA -BISSAU
FISHERIES AGREEMENT
1. BUDGET LINE(S) + HEADING(S)
B78000 + B7800A: International Fisheries Agreements
2. OVERALL FIGURES
2.1 Total allocation for action (Part B): EUR 17.82 million for commitment
2.2 Period of application:  2004 - 2006
2.3 Overall multiannual estimate of expenditure:  EUR 19.95 million
(a) Schedule of commitment appropriations/payment appropriations (financial intervention)
(see point 6.1.1 )
EUR million ( to three decimal places )
Year n
n + 1 n + 2 n + 3 n + 4n + 5
and
subs.
yearsTotal
Commitments 7.260
2.0007.260
1.250--- 14.520
3.250
Payments 9.260 8.510 --- 17.770
(b) Technical and administrative assistance and support expenditure( see point 6.1.2 )
Commitments 0,050 0,050
Payments 0,050 0,050
Subtotal a+b
Commitments 9.260 8.560 --- 17.820
Payments 9.260 8.560 --- 17.820
13(c) Overall financial impact of human resources and other administrative expenditure
(see points 7.2 and 7.3)
Commitments/payments 1.090 1.090 --- 2.180
TOTAL a+b+c
Commitments 10.350 9.650 --- 20,000
Payments 10.350 9.650 --- 20,000
2.4 Compatibility with financial programming and financial perspective
X Proposal is compatible with  existing financial programming.
/g168 Proposal will entail reprogra mming of the relevant heading in the financial
perspective.
/g168 Proposal may require application of th e provisions of the Interinstitutional
Agreement.
2.5 Financial impact on revenue:
X Proposal has no financial implications (involves tec hnical aspects regarding
implementation of a measure)
OR/g168 Proposal has financial impact – the effect on revenue is as follows:
(NB All details and observations relating to the method of calculating the effect on
revenue should be show n in a separate annex.)
EUR million ( to one decimal place )
Situation following action
Budget line RevenuePrior to
action
(Year n-
1)Year
n³n+1 n+2 n+3 n+4 n+5
(a) Revenue in absolute terms
(b) Change in revenue²  /g68
(Please specify each budget line involved, adding the appropriate number of rows to
the table if there is an effect on more than one budget line.)
3. BUDGET CHARACTERISTICS
Type of expenditure New EFTA
contributionContributions
form
applicant
countriesHeading in
financial
perspective
Comp Diff NO NO NO No […]
144. LEGAL BASIS
– Article 37 of the Treaty, in conjuncti on with Article 300(2) and the first
subparagraph of Article 300(3);
– EC/Guinea-Bissau Fisheries Agreemen t (Council Regulation (EEC) No 2213/80
of 29 August 1980)
5. DESCRIPTION AND GROUNDS
5.1 Need for Community intervention
5.1.1. Objectives pursued
The Protocol attached to the Fisheries Agreement between the European Community and the
Government of the Republic of Guinea-Bissa u covers the period from 16 June 2001 to 15 June
2006.
The two Parties met in Bissa u on 19 and 20 May 2003, within the Joint Committee provided for
in Article 11 of the Agreement between Guinea-Bissau and the European Community, to analyseall aspects of the implementation of the provisions  of the Protocol on fisheries and the ad hoc
Council Decision of 26 February 2001
9.
The two Parties agreed to amend some of the te chnical characteristics of the Protocol and, with
the priority on the protection and good manageme nt of Guinea-Bissau’s fisheries resources,
agreed that they should, by way of precaution, re duce fishing effort in certain fisheries in the
final two years covered by the Protocol (16 June 2004 – 15 June 2006) in accordance with the
guidelines set out in the interim reports following scientific monitoring campaigns.
The purpose of these changes is to allow Comm unity shipowners to continue fishing (in
particular focusing on fin-fish and cephal opods) in Guinea-Bissau’s exclusive economic zone
(EEZ) in accordance with the arrangements set out in the exchange of letters initialled by theCommission, on behalf of the Community, and the Guinea-Bissau negotiators at the conclusion
of the meeting which took place in Bissau on 19-20 May 2003.
The two delegations also agreed on the principl e of reprogramming specific support measures for
the fisheries sector and of devising a progra mming method and allocating financial resources to
this end (financing a scientific programme to improve information on fisheries resources andmonitoring of the evolution of resources; s upport for improved health and hygiene conditions in
the fisheries sector; institutional support for the Mi nistry of Fisheries; support for investments in
the small-scale fishing sector; fisheries monitoring and control).
5.1.2. Measures taken in connection with ex-ante evaluationThe Protocol has been evaluated (for the period 2001-2003) by the relevant  departments of the
Commission’s Directorate-General for Fisheries.
Total fishing opportunities under the 2001-2006 Prot ocol comprised 12 400 GRT for trawler
fishing (9 600 GRT for shrimps and 2 800 GRT fo r cephalopods and fin-fish). For tuna fishing,
the fishing opportunities covered 40 tuna seiner s and 36 pole-and-line tuna vessels and surface
longliners.
                                                
9OJ L 66, 8.3.2001.
15The evaluation shows that average utilisation in terms of issue of licences was low for trawler
fishing, with annual utilisati on rates between 22% and 36% fo r shrimp fishing, while the
utilisation rate for fin fish/cephalopods reached 80% in 2002-2003. For tuna fishing, the issue of
licences was highly satisfactory for the key category tuna seiners (between 73% and 83%) andmore modest for the category surface longliners and pole-and-line vessels (between 44% and53% depending on the year).
The low utilisation of licences in the shrimp trawler segment triggered the Commission’s request
for a meeting within the Joint Committee which led to changes to the technical characteristics of
the Protocol on fisheries and the ad hoc Decision.
Moreover, the flexibility allowed in the pe riod 16 June 2003 to 15 June 2004, i.e. allowing
exchanges of fishing rights between the first two categories (freezer shrimp trawlers and freezerfin-fish and cephalopod trawlers), has already pr oved to be a good way of ensuring that the
Protocol on fisheries is more efficiently used.
5.1.3. Measures taken in connection with ex-post evaluationThe Commission departments only received the final programming relating to the targeted
measures for the first year of the Protocol from Guinea-Bissau at the end of 2002. The payment
was made on 12 December 2002. There are still two in stalments of the Protocol to be used for
2002 and 2003 (EUR 2 000 000).
As regards the ad hoc measure, only 45% of the first instalment was used by the Guinea-Bissau
authorities for measures in the fisheries sector. In order to finalise the support measures provided
for in the first instalment of the Decision of  26 February 2001, the Government of the Republic
of Guinea-Bissau will transfer irrevocably to a joint-signature account administered by the
secretariat of state for fisheries and the European Commission delegation in Bissau, by 15
October 2003, the amounts yet to be implemented  under the first instalment of the Council
Decision of 26 February 2001 (EUR 1 782 655). Future transfers relating to the supportmeasures in the fisheries sector will be made by the European Commission directly to thisaccount.
In-depth ex-post  evaluation for the period of validity of the current Protocol including the years
2003-2006, will be carried out before presenting a pr oposal for the conclusion of a new Protocol.
5.2 Action envisaged and budget  intervention arrangements
The changes to the Protocol made in the exchange of letters which was initialled on 20 May
2003 provide for fishing opportunities comprising 8 800 GRT for trawler fishing (3 600 GRT
less than under the previous Protocol, or –29%), divided into 4 400 GRT for shrimp fishing and
4 400 GRT for fin-fish and cephalopods. For tuna , fishing opportunities for tuna seiners remain
at 40 vessels, while those for pole-and-line tuna  vessels and surface longliners have decreased
from 36 to 30 vessels.
Under the new Protocol (2004-2006) the EC will pay total financ ial compensation of
EUR 14 520 000 over 2 years, or EUR 7 260 000 per year, compared to the EUR 10 500 000 peryear provided for in the original Protocol.
In addition, as regards the support measures in  the fisheries sector, once the Commission has
accepted the implementation report for the firs t instalment (ad hoc measure of 26 February
2001), it will pay these financial resources up to a total EUR 3 250 000 by way of advance for
the implementation of measures programmed jointly. Any transfers will be decided on byagreement between the two Parties in accordance with the exchange of letters.
16The financial compensation, EUR 7 260 000, will be paid each year into an account to be
indicated by the Guinea-Bissau authorities and ope ned with the Public Treasury. The Republic of
Guinea-Bissau will have full discretion regarding the use to which this financial compensation isput. The first payment of this amount is to be made by 15 June 2004.
5.3 Methods of implementation
The Commission is solely responsible for impleme nting the Protocol and will do so through its
officials posted in both Brussels and its Delegation in Guinea-Bissau.
6. FINANCIAL IMPACT
6.1 Total financial impact on Part B (over the entire programming period)
6.1.1. Financial intervention Commitmen ts in EUR million (to three
decimal places)
BreakdownYear n n + 1  n + 2 n + 3 n+ 4 n + 5 and
subs.
YearsTotal
Action 1 7.260 7.260 14.520
Action 2 2.000 1.250 3.250
etc.
TOTAL 9.260 8.510 17.770
6.1.2 Technical and administrative assistance,  support expenditure and IT expenditure
(commitment appropriations)
Year n n + 1  n + 2 n + 3 n + 4 n + 5 and
subs.
YearsTotal
1) Technical and
administrative assistance
(a) Technical assistanceoffices
(b) Other technical andadministrative assistance:- intra muros:
- extra muros:
of which for constructionand maintenance ofcomputerised managementsystems0,050 0,050
Subtotal 1 0,050 0,050
2) Support expenditure
(a) Studies
(b) Meetings of experts
(c) Information and
publications
Subtotal 2
TOTAL 0,050 0,050
176.2. Calculation of costs by measure envis aged in Part B (over the entire programming
period)
Commitments in EUR million (to three decimal places)
Breakdown Type
of outputs
(projects, files )Number of
outputs
(total for years
1…n)Average unit
costTotal cost
(total for years
1…n)
123 4 = ( 2 X 3 )
Action 1
- Measure 1
- Measure 2
Action 2
- Measure 1- Measure 2- Measure 3etc.Fishing
opportunities in
exchange for a
financialcontribution
Financial
support in thefisheries sector-trawler fishing:
12 400 GRT.
- 40 tuna seiners
- 36 surfacelongliners andpole-and-line
vessels1) EUR 7.260+
2.000 /year
2) EUR 7.260+
1.250 /year
TOTAL COST EUR 17.770
million (1)
(1)Total cost because the durati on of the Protocol is five years.
7. IMPACT ON STAFF AND ADMINISTRATIVE EXPENDITURE
7.1. Impact on human resources
Staff to be assigned to management of the
action using existing and/or additional
resourcesDescription of tasks deriving from the
action
Types of post
Number of
permanent postsNumber of
temporary postsTotal
Officials or
temporary staffA
BC6
126
12These human resources cover the entire
unit responsible for bilateralagreements.
Other human resources 1 DNE + 1 AUX C 2
T o t a l 921 1
7.2 Overall financial impact of human resources
Type of human resources Amount in EUR Method of calculation *
OfficialsTemporary staff972 000EUR 108 000 * 9 ( title A1, A2, A4,
A5, A7)
Other human resources
(specify budget line)98 372EUR 42 816 (DNE) + EUR 55 556
(AUX C)
Total 1 070 372
The amounts are total expend iture for twelve months.
187.3 Other administrative expendi ture deriving fr om the action
Budget line
(number and heading) Amount in EUR Method of calculation
Overall allocation (Title A7)
A0701 – Missions
A07030 – Meetings
A07031 – Compulsory committees 1
A07032 – Non-compulsory committees 1A07040 – ConferencesA0705 – Studies and consultationsOther expenditure (specify)18 480
1 000
Scientific meeting
Information systems (A-5001/A-4300)
Other expenditure - Part A  (specify)
Total 19 480
The amounts are total expend iture for twelve months.
(1) Specify the type of committee and the group to which it belongs.
I. Annual total (7.2 + 7.3)
II. Duration of actionIII. Total cost of action (I x II)€ 1 089 852
2 yearsEUR 2 179 704
It is impossible to quantify the impact of a given protocol on the work load of the unit in theDirectorate-General for Fisherie s responsible for this dossier.
Renewing protocols under existing fisheries agreements is one of the unit’s activities but does
not in itself have a specific impact on administrative expenditure. The needs for human andadministrative resources will in any case be covered within the allocation granted to themanaging department.
If the Protocol had not been concluded (initialled), this would equally have resulted in a
significant work load and substantial expenditure on visits and meetings.
8. FOLLOW-UP AND EVALUATION
8.1 Follow-up arrangements
The financial compensation (EUR 7 260 000 per year) will be paid into an account to be
indicated by the Guinea-Bissau authorities and opened with the Public Treasury. TheGovernment of Guinea-Bissau is solely respons ible for the use to which this financial
compensation is put.
It should be pointed out that Article 3 of the ne w Protocol requires the tw o Parties to follow the
evolution of resources in Guinea-Bissau’s fish ing zone and to adopt, where necessary, on the
basis of scientific info rmation, measures to ensure the su stainable management of fisheries
resources. Should these measures  involve a reduction in fishing opportunities, the compensation
is to be adjusted likewise. A scientif ic meeting is planned in September 2003.
Within a Joint Committee, meeting at the request of either party, the Community and Guinea-
Bissau may consult one anothe r on questions relating to th e implementation and proper
functioning of this Agreement. In the event of any dispute over the interpretation or applicationof this Agreement, consultations shall be held between the Parties.
198.2 Arrangements and schedule for the planned evaluation
Utilisation of the fishing opportunities is under pe rmanent assessment in terms of both licences
issued and catches.
Moreover, before the Protocol is renewed in 2006, it will be evaluated on the basis of indicators
measuring results (catches, value of catches) and impact (number of jobs created and maintained,relation between the cost of the Protocol and the value of catches). In order to guarantee
sustainable fisheries in the region, this evaluation will be carried out prior to any renewal of the
protocols in the future. To ensure that fish ing operations in the region are sustainable, an
economic, social and environmental impact assessment will be made before any renewal of
Protocols in the future.
9. ANTI-FRAUD MEASURES
Since the financial contributions are made by the Community in direct exchange for the fishing
opportunities offered, the non-memb er country uses them for whatever end it chooses.
However, it is required to report to the Communi ty, as provided for in the Protocol, on the use of
certain funds.
Failure to comply with these undertakings will automatically give the other party the right to
terminate the Agreement and cancel any financial transfers from the date of termination.
In addition, the Member States whose vessels ope rate under this Agreement must certify to the
Commission the exactness of the data indicated in the tonnage certificates of the vessels so that
the licence fees may be calculated on a guaranteed basis.
The Protocol also requires Community shipowners to fill out catch declarations (which must be
transmitted to the Commission and the Guinea-Bissau authorities). For tuna fishing, thesedeclarations serve as the basis for drawing up the final statement of catches under the Protocoland the corresponding fees.