Agreement

between the Government of the Republic of Guinea Bissau and the European Economic Community on fishing off the coast of Guinea Bissau

THE GOVERNMENT OF THE REPUBLIC OF GUINEA BISSAU AND THE EUROPEAN ECONOMIC COMMUNITY (hereinafter referred to as "the Community") ;

RECALLING the close relations between the Community and the Republic of Guinea Bissau ;

IN THE SPIRIT of cooperation resulting from the Lomé Convention, symbolizing the Parties common desire to intensify friendly relations between the African, Caribbean and Pacific States and the Community.

CONSIDERING their mutual interest in the rational management, conservation and optimum utilization of fish stocks, notably in the Central East Atlantic ;

WHEREAS the Republic of Guinea Bissau exercises its sovereignty or jurisdiction, in respect of sea fishing, over a zone extending up to 200 nautical miles from its coast ;

TAKING INTO ACCOUNT the fact that vessels flying the flags of Member States of the Community habitually engage in fishing activities in that zone ;

TAKING INTO ACCOUNT the work of the Third United Nations Conference on the Law of the Sea ;

AFFIRMING that the exercise by coastal States of their sovereign rights in the waters within their jurisdiction for the purposes of exploring, exploiting, conserving and managing the living resources thereof must be in accordance with the principles of international law ;

DETERMINED to conduct their relations in a spirit of mutual trust and respect for each other's interests in the sphere of sea fishing ;

DESIROUS of establishing the terms and conditions governing fishing activities of mutual interest to the Parties,

HAVE AGREED AS FOLLOWS :

Article 1

The purpose of this Agreement is to establish the principles and rules which will govern in future, in all respects, the fishing activities of vessels flying the flags of Member States of the Community, herein after referred to as "Community vessels", in the waters over which the Republic of Guinea Bissau has jurisdiction in respect of fisheries, hereinafter referred to as "Guinea Bissau's fishing zone".

Article 2

The Government of the Republic of Guinea Bissau undertakes to authorize Community vessels to fish in Guinea Bissau's fishing zone in accordance with the terms of this Agreement, in particular those stipulated in the Annex.

Article 3

1. The Community undertakes to take all appropriate steps to ensure that its vessels adhere to the provisions of this Agreement and the rules and regulations governing fishing activities in Guinea Bissau's zone.

2. The authorities of Guinea Bissau shall notify the Commission of the European Communities in advance of any changes to the said rules ana regulations.

Article 4

1. Fishing activities by Community vessels in Guinea Bissau's fishing zone shall be subject to the possession of a licence issued at the Community's request by the authorities of Guinea Bissau.

2. The authorities of Guinea Bissau shall issue fishing licences within the limits laid down by category of vessel in the Protocol referred to in Article 9.

3. Licences shall be valid from the day of issue until 31 December of the year in which they are issued, or during a period of six months from 1 January to 30 June or 1 July to 31 December of any year.

4. A licence shall be issued for a given vessel and shall not be transferable.

5. Where a vessel in possession of a licence is prevented from using it by force majeure, the licence may be replaced at the Community's request by another one which shall be valid for a vessel of the same category.

Article 5

1. Licences shall be issued by the authorities of the Republic of Guinea Bissau subject to payment of a fee by the shipowner concerned.

2. The fees payable for each category of vessel are given in the Annex under A.1. The fees shall be paid in full before the licences are issued ; however, the fees assessed on the basis of the quantity of fish caught in Guinea Bissau's fishing zone, in accordance with the provisions of point A.2 in the Annex, shall be paid in the form of an advance lump sum, accompanied by a banker's guarantee to cover any additional amount necessary to make up the final total fees due at the end of each season.

3. The fees shall be set in proportion to the period for which the licence is valid.

Article 6

The Parties undertake to concert action, either directly or within international organizations, to ensure the management and conservation of the living resources, particularly in the Central East Atlantic, and to facilitate the relevant scientific research.

Article 7

Vessels authorized to fish in Guinea Bissau's fishing zone under this Agreement shall be obliged to forward to the relevant authorities of Guinea Bissau statements of catches in accordance with the arrangements set out under B in the Annex to this Agreement.

Article 8

The vessels, authorized under this Agreement to fish in Guinea Bissau's fishing zone, may be obliged to land a proportion of the fish caught in that zone at ports in Guinea Bissau.

The quantities and conditions for the landings shall be determined within the Joint Committee provided for in Article 11.

Article 9

In return for the fishing opportunities accorded under this Agreement, the Community shall pay the Republic of Guinea Bissau compensation as set out in the Protocol to this Agreement.

This compensation, which shall be paid without prejudice to financing accorded to the Republic of Guinea Bissau under the Convention, shall be mobilized in accordance with the special procedure described in the said Protocol.

The compensation shall be used to finance projects, relating to sea and fresh-water fishing.

Article 10

The Parties agree to consult in the event of a dispute concerning the interpretation or application of this Agreement.

Article 11

A Joint Committee shall be set up to ensure that this Agreement is applied correctly.

The Committee shall meet once a year, alternating between Guinea Bissau and the Community, and shall hold special meetings at the request of either Contracting Party.

The Joint Committee shall meet in particular once new legislation has been adopted governing fishing in Guinea Bissau's waters in order to see whether the Annex should be amended.

Article 12

Should the authorities of Guinea Bissau decide, as a result of an unforeseeable change in the state of the fish stocks, to take new conservation measures which, in the opinion of the Community, have a considerable effect on the fishing activities of Community vessels, consultations must be held between the Parties in order to adapt the Annex and the Protocol referred to in Article 9.

Such consultations shall be based on the principle that any reduction in the fishing opportunities provided for in the said Protocol shall be offset by other fishing opportunities of equivalent value, account being taken of compensation already paid by the Community.

Article 13

Nothing in this Agreement shall affect or prejudice in any manner the views of either Party with respect to any matter relating to the Law of the Sea.

Article 14

This Agreement shall apply, on the one hand, to the territories in which the Treaty establishing the European Economic Community is applied and under the conditions laid down in that Treaty and, on the other hand, to the territory of the Republic of Guinea Bissau.

Article 15

The Parties agree to examine this Agreement upon the conclusion of the negotiations for a Multilateral Treaty which are being conducted within the framework of the Third United Nations Conference on the Law of the Sea.

Article 16

The Annex and the Protocol form an integral part of this Agreement and, unless otherwise specified, a reference to this Agreement constitutes a reference to them.

Article 17

This Agreement shall be concluded for an initial period of two years running from the date of its entry into force. In the event of the Agreement not being terminated by either Party through notice of termination given at least six months before the expiry of that two-year period, it shall remain in force for additional periods of one year, provided that notice of termination has not been given at least three months before the expiry of each yearly term.

Negotiations shall then take place between the Parties to determine by mutual agreement the amendments or additions to be made to the Annex or the Protocol.

Article 18

This Agreement shall enter into force on the date on which the Parties notify one another of the completion of the procedures necessary for this purpose.

--------------------------------------------------

ANNEX

CONDITIONS FOR THE PURSUIT OF FISHING ACTIVITIES IN GUINEA BISSAU'S ZONE BY VESSELS FLYING THE FLAGS OF MEMBER STATES OF THE COMMUNITY

A. Licence application and issuing formalities

The procedure for applications for, and issue of, the annual licences enabling vessels flying the flags of Member States of the Community to fish in Guinea Bissau's fishing zone shall be as follows :

1. The relevant Community authorities shall present to the Office of the Secretary of State for Fisheries of the Republic of Guinea Bissau, via the Delegation of the Commission of the European Communities in Guinea Bissau, an application for each vessel that wishes to fish under this Agreement.

The applications shall be made on the forms provided for that purpose by the Government of Guinea Bissau. A specimen is given under A.1 below.

The fees shall be set according to the following scale :

(a) bottom trawlers :

FF 420 per grt per year ;

(b) freezer tuna boats :

FF 0·04 per kg of fish caught.

2. Applications for licences for tuna boats shall be accompanied by proof of payment of a lump sum equivalent to a catch of 1000 tonnes of tuna for the whole fleet and by a banker's guarantee covering payment at the end of each season of any sums due in res pect of catches in excess of the abovementioned quantity.

In case of landings agreed under Article 8 of the Agreement, payments of a smaller amount will be fixed by the Joint Committee.

3. The relevant authorities of Guinea Bissau shall examine each application to see that it complies with this Agreement and with the legislation of Guinea Bissau and shall apply the scale of fees to be paid.

The relevant authorities of Guinea Bissau shall inform the Community authorities of their decisions.

4. The licences issued upon payment of the fees shall be valid for a given vessel and shall not be transferable.

5. Should there be any difficulties or additional information needed when applications are examined and licences issued, consultations shall be held between the representatives of the Contracting Parties, in particular through the Office of the Secretary of State for Fisheries and the Delegation of the Commission of the European Communities in Guinea Bissau.

B. Statement of catch

1. All vessels authorized to fish in Guinea Bissau's waters under this Agreement shall be obliged to forward to the Office of the Secretary of State for Fisheries a statement of their catch made out according to the specimen given under B.1 below.

A statement of catch must be drawn up for each month and presented at least once every three months.

Should these provisions 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 accomplished.

2. Any Community vessel fishing in Guinea Bissau's fishing zone shall allow on board, and assist in the accomplishment of his duties, any official of Guinea Bissau responsible for inspecting and monitoring compliance with the provisions of this Agreement.

C. Training grants

The two Parties agree that an essential condition for the success of their cooperation is that the competence and know-how of persons engaged in sea fishing should be improved. To this end, the European Economic Community shall make it easier for nationals of Guinea Bissau to find places in establishments in its Member States and shall provide study and training grants for that purpose in the various scientific, technical and economic subjects connected with fisheries.

--------------------------------------------------

A.1.

REPUBLIC OF GUINEA BISSAU

OFFICE OF THE SECRETARY OF STATE FOR FISHERIES

APPLICATION FOR A FISHING LICENCE [1]

1. Valid from : … to : …

2. Name of vessel : …

3. Name of shipowner : …

4. Port and registration number : …

5. Type of fishing : …

6. Authorized mesh size : …

7. Length of vessel : …

8. Width of vessel : …

9. Gross registered tonnage : …

10. Hold capacity : …

11. Engine rating : …

12. Type of construction : …

13. Usual number of seamen aboard : …

14. Radio/electrical equipment : …

15. Master's name : …

The above information is the sole responsibility of the shipowner or his representative.

Date of application : ........................................

B.1. page 1

OFFICE OF THE SECRETARY OF STATE FOR FISHERIES

| | | STATISTICS ON CATCH AND ACTIVITY | | Month : | year : |

Name of vessel : | | | Engine rating : | | | Fishing method : | |

Nationality (flag) : | | | Gross registered tonnage : | | | Port of landing : | |

Date | Fishing zone | Number of fishing operations | Number of fishing hours | Species of fish |

Longitude | Latitude | | | | | | | Other | Totals |

1/ | | | | | | | | | | | | |

2/ | | | | | | | | | | | | |

3/ | | | | | | | | | | | | |

4/ | | | | | | | | | | | | |

5/ | | | | | | | | | | | | |

6/ | | | | | | | | | | | | |

7/ | | | | | | | | | | | | |

8/ | | | | | | | | | | | | |

9/ | | | | | | | | | | | | |

10/ | | | | | | | | | | | | |

11/ | | | | | | | | | | | | |

12/ | | | | | | | | | | | | |

13/ | | | | | | | | | | | | |

14/ | | | | | | | | | | | | |

15/ | | | | | | | | | | | | |

16/ | | | | | | | | | | | | |

17/ | | | | | | | | | | | | |

18/ | | | | | | | | | | | | |

19/ | | | | | | | | | | | | |

20/ | | | | | | | | | | | | |

21/ | | | | | | | | | | | | |

22/ | | | | | | | | | | | | |

23/ | | | | | | | | | | | | |

24/ | | | | | | | | | | | | |

25/ | | | | | | | | | | | | |

26/ | | | | | | | | | | | | |

27/ | | | | | | | | | | | | |

28/ | | | | | | | | | | | | |

29/ | | | | | | | | | | | | |

30/ | | | | | | | | | | | | |

31/ | | | | | | | | | | | | |

B.1. page 2

INSTRUCTIONS FOR FILLING IN THE LOG-BOOK

Each ship's master shall be responsible for the information supplied every month to the Office of the Secretary of State for Fisheries. He shall fill in this log-book in a spirit of frank cooperation.

The following information is requested :

Month : | Year : |

1. 2. Name of vessel :

Nationality (flag) :

3. Engine rating in HP :

Gross registered tonnage (GRT) :

4. Fishing method (gear) :

Port of landing :

The statistical table of catches and fishing activity is divided into two parts.

The first part shows the daily fishing activity (each horizontal line corresponds to a day's activity). The first page should be used for the first half of the month and the second page for the last half.

The master should indicate the fishing zone by noting the latitude and longitude. He should note the number of times the net is thrown per day. He should give the total number of fishing hours for each day.

The second part of the log is for information on catches, in kilograms or in tonnes. It should be clearly stated whether the figure is in kilograms or tonnes. There are seven columns, one for each species. Only the six most important species fished should be entered in the log. The column before the total (headed "other") should be reserved for the sum of all other species fished.

The monthly logs, once filled in, should be sent every month to the Office of the Secretary of State for Fisheries for those vessels landing their catches in Bissau. For other vessels, the monthly logs should be sent, duly filled in, to the Office of the Secretary of State for Fisheries every three months.

[1] The original application form is issued in French and Portuguese only.

--------------------------------------------------

Agreement

in the form of exchanges of letters between the Government of the Republic of Guinea Bissau and the European Economic Community on fishing off the coast of Guinea Bissau

Exchange of letters No 1

A. Letter from the Government of the Republic of Guinea Bissau

Sir,

With reference to the Agreement between the Government of the Republic of Guinea Bissau and the European Economic Community signed today, I have the honour to remind you that my Government decided to approve the signing of the Agreement provided that the shipowners to whom fishing licences are granted under the Agreement contribute towards the practical vocational training of nationals of Guinea Bissau on the following terms and within the following limits :

1. Trawlers authorized under the Agreement to fish in waters over which the Republic of Guinea Bissau has sovereignty or jurisdiction may be obliged to take on board seamen of Guinea Bissau up to a proportion of 25 % of that part of their crew representing uncertificated personnel of the bridge, machines and general services (seamen, trainees, cleaners, greasers, galley boys, etc...).

2. Owners of freezer tuna boats authorized under the Agreement to fish in the waters referred to in point 1 above shall be responsible for employing nationals of Guinea Bissau either on board the tuna boats or in suitable positions ashore, following approval of the said positions by the authorities of Guinea Bissau. The number of positions referred to in this paragraph shall be determined in overall terms, account being taken of the scale of the tuna boats' activities in Guinea Bissau's fishing zone and the number of crew members of other nationalities from countries whose fishing zones the fleet frequents.

My Government would like the shipowners' contribution towards the vocational training of Guinea Bissau nationals to be examined by the Joint Committee referred to in Article 11 of the Agreement.

I should be obliged if you would acknowledge receipt of this letter.

Please accept, Sir, the assurance of my highest consideration.

For the Government of the Republic of Guinea Bissau

B. Letter from the European Economic Community

Sir,

I am in receipt of your letter of today's date, which reads as follows :

"With reference to the Agreement between the Government of the Republic of Guinea Bissau and the European Economic Community signed today, I have the honour to remind you that my Government decided to approve the signing of the Agreement provided that the shipowners to whom fishing licences are granted under the Agreement contribute towards the practical vocational training of nationals of Guinea Bissau on the following terms and within the following limits :

1. Trawlers authorized under the Agreement to fish in waters over which the Republic of Guinea Bissau has sovereignty or jurisdiction may be obliged to take on board seamen of Guinea Bissau up to a proportion of 25 % of that part of their crew representing uncertificated personnel of the bridge, machines and general services (seamen, trainees, cleaners, greasers, galley boys, etc...).

2. Owners of freezer tuna boats authorized under the Agreement to fish in the waters referred to in point 1 above shall be responsible for employing nationals of Guinea Bissau either on board the tuna boats or in suitable positions ashore, following approval of the said positions by the authorities of Guinea Bissau. The number of positions reffered to in this paragraph shall be determined in overall terms, account being taken of the scale of the tuna boats' activities in Guinea Bissau's fishing zone and the number of crew members of other nationalities from countries whose fishing zones the fleet frequents.

My Government would like the shipowners' contribution towards the vocational training of Guinea Bissau nationals to be examined by the Joint Committee referred to in Article 11 of the Agreement."

I have the honour to inform you that the Community will have the letter published in order to bring its content to the attention of the shipowners concerned.

Please accept, Sir, the assurance of my highest consideration.

On behalf of the Council of the European Communities

--------------------------------------------------