Proposal for a COUNCIL REGULATION (EEC) on the conclusion of the Protocol establishing for the period 16 June 1993 to 15 June 1995 the fishing rights and financial compensation provided for in the Agreement between the European Community and the Government of the Republic of Guinea-Bissau on fishing off the coast of Guinea-Bissau
Date: 1993-07-01
Institutions: European Commission
Subjects: Guinea-Bissau, agreement (EU), financial compensation of an agreement, fishery management, fishing agreement, fishing licence

COMMISSION OF THE EUROPEAN  COMMUNITIES 

COM(93) 292 final 

Brussels,  1  July  1993 

Proposal  for a 

COUNCIL DECISION 

on the conclusion of  the Agreement  in the form of an Exchange of Letters 

concerning  the provisional  application of  the Protocol  establishing for 

the period  16 June  1993 to 15 June 1995 the fishing  rights and  financial 

compensation provided  for  in the Agreement  between  the European  Community 

and  the Government  of  the Republic of Guinea-Bissau on  fishing off  the 

coast of Guinea-Bissau 

Proposal  for a 

COUNCIL REGULATION  (EEC) 

on the conclusion of  the Protocol  establishing  for  the period  16 June 1993 

to 15 June  1995 the fishing  rights and  financial  compensation provided  for 

in the Agreement  between  the European Community  and  the Government  of  the 

Republic of Guinea-Bissau on fishing off  the coast of Guinea-Bissau 

(presented by  the Commission) 

EXPLANATORY  MEMORANDUM 

The protocol annexed to the fisheries agreement between EEC and Guinea-
Bissau expires on  15 June.  A new protocol was initialled by the two parties 
on 5 May setting technical and financial terms governing  fishing by EEC 
vessels  in Guinea-Bissau waters for the period  16 June 1993 to 15 June 1995. 

The new protocol maintains  fishing rights for shrimps at 11 000 GRT but 
reduces them  from 6 000 to 4 000 GRT for fin fish/cephalopods.  The total 
number of tuna vessels and surface longliners remains 32. 

The cost to the EEC budget of payment  for these rights is reduced to 
ECU 12.7 million  for the two-year period, in line with the reduction. 

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 Guinea-Bissau  from 
the period  16 June 1993 to 15 June 1995. 

3> 

PROPOSAL 

COUNCIL  DECISION 

of 

on  die  coodmioa  of  die  Agreement  in  die  form  of  an  Exchange  of  Letten  concerning  the 
provisional application of  the Protocol establishing for chc period  14 June  I99J to  15 June 1995" 
the  fishing  rights  and  financial  compensation  provided  for  in  the  Agreement  between  the 
Community  and  the  Government  of  the  Republic  of  Guinea-Bissau  on 
European 

fishing  off  the  coast  of  Guinea-Bissau 

THE  COUNCIL  OF  THE  EUROPEAN  COMMUNITIES. 

Having  regard  to  the  Treaty  establishing  the  European 

approved  pending  a  final  decision  taken  on  the  baiit  of 
Article  43  of  the  Treaty, 

Community, 

Having  regard  to  the  Agreement  between  the  European 
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 ('), 

Having  regard  to  the  proposal  from  the  Commission, 

conducted  negotiations 

Whereas  the  Community  and  the  Republic  Guinea-
Bissau 
the 
amendments  or  additions  to  be  made  to  the  Agreement 
on  fishing  off  the  coast  of  Guinea-Bissau  at  the  end  of 
the  period  of  application  of  the  Protocol  referred  to  in 
Article  9  of  the  Agreement; 

to  determine 

Whereas,  as  a  result  of  these  negotiations,  a  new 
Protocol  was  initialled  on  5  |V|ay  1993 

Whereas,  under  that  Protocol,  Community  fishermen 
have fishing rights in the  waters  under the sovereignty  or 
jurisdiction  of  Guinea-Bissau  for  (he  period  16  June 
1993  to  15 June  199f ; 

HAS DECIDED AS FOLLOWS: 

Article  1 

The  Agreement  in  the  form  of  an  Exchange  of  Letters 
conerning  the  provisional  application  of  the  Protocol 
establishing  for  the period  16 June  1993 to  15 June  1995 
the  fishing  rights  and  financial  compensation  provided 
for  in  the  Agreement  between  the  European 
Community  and  the  Government  of  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  Agreement  is  atuched  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. 

Whereas,  in  order  to  avoid  any  interruption  in  the 
fishing  activities of  Community  vessels, it is essential  that 
the  Protocol  in question be  approved  as voon  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  this  Agreement  should  be 

Done 

For the  Council 
7he  Pre%ident 

(•)  OJ No  L  226, 29. I.  1910, p. 3) 

1 

AGREEMENT 

in  the  form  of  an  Exchange  of  Letters  concerning  the  provisional  application  of  the  Protocol 
defining,  for  the  period  14  June  1999  to  15  June  199£  the  fishing  rights  and  the  financial 
Community  and 
compensation  provided  for  by the Agreement  between  the  European 

the Government of  the  Republic of Guinea-Bissau on  fishing off  the coast of  Guinea-Bissau 

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

Sir, 

With  reference  to  the  Protocol,  initialled  on  3  May  1993 
,  establishing  the  fishing  rights  and 
the  financial  compensation  for  the  perjod  16 June  1993 to  15 June  199Si  I have  the  honour  to 
inform  you  that  the  Government  of  the  Republic  of  Guinea-Bissau  is  ready  to  apply  this 
Protocol  on  a provisional  basis,  with  effect  from  16 June  1993,  pending  its entry  into  force  in 
Community 
accordance  with  Article  8 of  the  Protocol,  provided  that  the  European 
is  prepared  to  do  the  same. 

The  licences  of  present  vessels  or  of  vessels  which  had  a licence  in  199 3shall  be  automatically 
extended  should  the  vessels  so  require. To  this  end,  a list  of  vessels  requiring  this  shall  be  sent 
by  15  June  1993  a;  the  latest.  The  licence  fees  shall  be  paid  prior  to  30  June  1993  It  is 
understood  that  holding  new  licence  documents  does  not  necessarily  mean  that  fishing  acti 
vities  will  be  carried  out. 

This  is on  the  understanding  that  in  this  case  a  first  instalment  equal  to  50 %  of  the  financial 
compensation  specified  in  Article  2  of  the: Protocol  is  to  be  paid  prior  to  15  November  199 3 

I  should  be  obliged  if  you  would  confirm  the  European 
such  provisional  application. 

Community's  agreement  to 

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

For the Government 
of  the  Republic  of Guinea-Bissau 

f 

Official  Journal  of  the  European  Communities 

B.  Letter from  the  Community 

Sir, 

I  have  the  honour  to  acknowledge  receipt  of  your  letter  of  today's  date,  which  reads  a» 
follows: 

"With reference  to  the  Protocol,  initialled  on  5 ffey  P93 
,  establishing  the  fishing  rights 
and  the  financial  compensation  for  the  period  16 June  1993 to  15  June  1995,  1 have  the 
honour  to  inform  you  that  the  Government  of  the  Republic  of  Guinea-Bissau  is  ready  to 
apply this  Protocol  on  a provisional  basis, with effect  from  16 June  1993, pending  its entry 
into  force  in  accordance  with  Article  8  of  the  Protocol,  provided  that  the  European 

Community  is prepared  to do the same. 

The  licences  of  present  vessels  or  of  vessels  which  had  a  licence  in  1993  shall  be  auto 
matically extended  should  the vessels so require. To  this end, a list of  vessels  requiring  this 
shall  be  sent  by  15 June  1993 at  the  latest. The  licence  fees  shall  be  paid  prior  to  30 June 
199 3  It is understood  that holding  new  licence  documents  does  not  necessarily  mean  that 
fishing  activities will be carried out. 

This  is  on  the  understanding  that  in  this  case  a  first  instalment  equal  to  50 %  of  the 
financial  compensation  specified  in  Article  2  of  the  Protocol  is  to  be  paid  prior  to  15 
November  199B 

I  should  be  obliged  if  you  would  confirm  the  European 
agreement to such provisional  application.* 

Community's 

I  have  the  honour  to  confirm  the  European  Community's  agreement  to  this  provisional 
application  ot  the  Protocol. 
Please accept, Sir, the assurance of my hir/iest consideration. 

On  behalf of 
the  Council  of  the  European Communities 

6 

PROPOSAL 

COUNCIL  REGULATION  (EEC)  No 

of 

on I lie conclusion of (he Protocol establishing for ihe period  16 June  I99J  to  I S June  I99(T die 
fishing right* and financial compensation provided for in the Agreement between die European 
Community and the Government of the Republic of Guinea-Bissau on fishing off die 

coast  of  Guinea-Bissau 

I Ml  COUNCIL  OE  II  IL  EUROPEAN  C O M M U N! TILS. 

HAS  ADOPTED  IHIS  RECULA  I I O N: 

I  Living  rcg.ird  to  the  Treaty  establishing  (he  European 
in  particular  Article  4.1 

Community,  and 

thcrcol. 

A rtn I,-  I 

The  Protocol  establishing  for  the  period  16 June  1993  to  1  5 
June  1995  the  fishing  rights  and  financial  compensation 
for 
ihc  European 
in  the  Agreement  between 
provided 
Community  and  the Government  of  the  Republic 
of  Guinea-Bissau  on  fishing off  the coast  of  Guinea-Bissau  is 
hereby  approved  on  behalf  of  the  Community. 

five  text  of  the  Protocol  is  attached  to  this  Regulation. 

Article  2 

I hc  President  of 

the  Council 

is  hereby  authorized 

to 

designate  the  persons  empowered  to  sign  the  Protocol  in 

order  to  bind  the  Community. 

Arm I,-  3 

This  Regulation  shall  enter 
following  us  publication 
l-'.umprjn  Communities. 

into  force  on  the  third  day 
<»/  ihc 

in  the  Olfnul 

jnumjl 

Having  regard  to  the  proposal  from  the  Commission  ( ' ). 

I  Living 
Parliament 

regard 
('), 

to 

the  opinion  of 

the  European 

Whereas,  pursuant  to  the  Agreement  between  the  European 
Community  and  the Government  of  the  Republic 

of Guinea-Bissau on fishing off the coast of Guinea-Bissau ( •) 
signed in Bissau on 17 February  1980, 

the two 
Parties conducted negotiations to determine the amendments 
or  additions  to  be  made  to  the  Agreement  at  the  end  of 
application  of  the  Protocol  referred  to  in  Article 9  of  that 
Agreement;  [LJ J 

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  199J  to  15 June  199£ was initialled  on 
5  May  1993 

Whereas  it  is  in  the  Community's  interest  to  approve  the 
Protocol, 

This  Regulation  shall  be  binding  in  its  entirety  and  directly  applicable  in  all  Member 
States. 

Done  at  Brussels, 

/'or  the  Council 

Ihe  President 

( • )  OJ  Nu  C 
(')  OJ  N.. <: 
C)  OJ  N u l.  226.  2V.  8.  IVN'I.  n.  II 
(•)  R  (EC)  N°  346/92,  27.1.1992,  OJ  L  42,  18.2.1992,  p.  24 

PROTOCOL 

establishing  for  the  period  14  June  19*3  to  IS  June  l995Tthc  fishing  righu  and  financial 
Community  and 
compensation  provided for  in the  Agreement  between  the  European 

the Government of the Republic of  Guinea-Bissau on fishing off  the coast of  Guinea-Bissau 

3 

Article I 

For a period  of  two years  from  16 June  1993,  the  fishing 
righu  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:  M 000 

GRT per month, annual  average; 

2.  freezer tuna seiners: 21 vessels; 

3.  pole-and-linc tuna vessels and 
surface  longliners:  10 vessels. 

y4itic/e  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 
instalmenu. 

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 J 

At  the  request  of  the  Community,  the  fishing  righu 
referred  to  in  Article  1 (I)  (a)  and  (b)  may  be  increased 
by  successive  instalmenu  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 

The  Community  shall  also  contribute  during  the  period 
referred  to  in Article  1 the  sum of  ECU *|50 000  towards 
the  financing  of  a  Guinea-Bissau  scientific  or  technical 
the  fishery 
programme  to 
resources within  the exclusive economic  zone  of  Guinea-

information  on 

improve 

Bissau  and  the  functioning  of  the  marine  biology 
laboratory. 

The  Guinea-Bissau  authorities  shall  forward  a  b r i ef 
report  on  the  way  that  amount  is  used  to  the 
Commission  s t a f f. 

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 J 

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  establishmenu  in  iu  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^O 000.  At the 
request of  the Guinea-Bissau  authorities, part of  this sum 
may  be  used  to  cover  the  cosu  of  participation  in  inter 
national  meetings or training courses concerning  fisheries 
or  the  organization  of  seminars  on  fishing  in  Guinea-
Bissau,  or  to  strengthen  the  administrative  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  paymenu 
provided  for  in  Articles  2  and  4,  the  application  of  this 
Protocol  may  be  suspended. 

Article 7 

Community  and  the  Government  of 

The  Annex  to  the  Agreement  between  the  European 
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 date on  which 
it  is  signed. 

It  shall  be  applicable  from  16 June  1993 

S 

_jife»/*L,.ï.-

ANNEX 

CONDITIONS  FOR  THE  EXERCISE  OF  FISHING  ACTIVITIES  BY  COMMUNITY  VESSELS  IN 
GUINEA-BISSAU'S  FISHING  ZONE 

A.  Liceacc application and isnûog formalities 

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

The  relevant  Communicy  authorities  shall  present  to  the  Ministry  for  Fisheries  of  the  Republic  of 
Guinea-Bissau,  via  uSe 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  daw  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 (Appendix  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 dite  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-linc  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  Delq;ation 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 oi  the 
European 
Community,  and  where foret  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  Ministry  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.  Provision! applicable to trawlers 

For the duration  of  this ProuKol  the  feci  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  htlf-yearty  instalmenu,  in  which  case 
they shall be increased  by  $ % or  3 Vo respectively. 

2.  Provisions mpplitable to tun* vessels and surface  longliners 

(a)  The  fees  shall be  ECU  20 per tonne  caught  within Guinea-Bissau's fishing  zone. 

3 

vl>)  Licences  shall be  issued  following  payment  to  the  Ministry  for  Fisheries  of  a lump  sum of  ECU 
I 500  a  year  for  each  tuna  seiner  and  ECU  300  *  year  for  each  pole-and-line  tuna  vessel  and 
surface iongliner, equivalent  to the  fees  for: 

—  73 tonnes of  tuna caught  per year in the case of  seiners, 

—  13 tonnes caught per year in the case of  pole-and-linc  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  dau  (Orstom  and  IEO  —  Spanish  Institute  of  Oceanography).  The  statement 
shall  be  forwarded  timuluneously  to  the  Ministry  for  Fisheries  and  to  the  shipowners.  Any 
additional  payment  due  shall  be made by  the shipowners  to  the  Ministry  of  Fisheries of  Guinea-
Bissau  by  31  May  of  the  following  year  at  the  latest,  in  accordance  with  the  procedure  for 
payment set out in Ankle  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  Ministry  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 
(Appendix  2). The  sutemenu  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  Appendix  3,  for  each  fishing  period  spent  in  Guinea-Bissau's  fishing  zone.  The 
form  must  be  sent,  within  43  days  of  the  end  of  the  fishing  voyage  spent  in  the  Guinea-Bissau 
fishing  zone,  to  the  Ministry  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-catcbes 

1.  Fin fish trawlers may  not  hold on board crusuceans  representing  more than  10 Vo of  their total  catch 

in the Guinea-Bissau  fishing  zone. 

Cephalopod  trawlers  may  not  hold  on  board  crusuceans  representing  more  than  5 %  or  fish  repre 
senting more than30%  of  their tout  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.  Sigxuag-oa 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 limiu  set out  below: 

j  O 

1.  each tiawlrr  owner  shall undertake  to  employ: 

—  3 seamen/fishennen on  vessels of  up to  300  G R T, 

—  4 seamen/fisbermen on vessels of between  300  and 400  G R T, 

—  3 seaman/fishermen on vessels of  more than  400  G R T. 

2.  Owners  of  uwva  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  teamen  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  Sute  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  faciliute  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  ou  boaid  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  Ministry  for  Fishrries.  As  a contri 

bution  to  the  costs  arising  from  the  presence  of  the  observer  on  board,  the  shipowner  shall  pay  the 
Guinea-Bissau  authorities  the  sum of  E CU  4  per G RT  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  Ministry  for 

Fisheries. 

In  that  case, the port  of  embarkation  shall be determined  by  mutual  agreement  between  the  Ministry 
for  Fisheries  and the shipowners or  their  representatives  at  a meeting to be arranged  between  the  two 
parties. 

F.  Inspection and •snautoring 

Any  Community  vessel  fishing  in  Guinea-Bissau's  fishing  zone  shall  allow  on  board  any  official  of 
Guinea-Bissau  responsible  for  inspection  and  momtoring  and  shall  assist  him  in  the  accomplishment  of 
bis  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. 

ni 

G.  Fbbiag  soars 

The  freezer  trawlers referred  to  in Article  I  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; 

(d)  16 mm  for  fishing  for  live bait. 

Outrigger  fishing  shall be  authorized. 

I.  Catering and leaving the  tone 

All  Community  vessels  fishing  under  the  Agreement  in  the  Guinea-Bissau  zone  shall  communicate  to 
the  radio  station  of  the  Ministry  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  sution  shall be communicated  to  the  shipowners  by 
the  Ministry  for  Fisheries  at  the  time  the licence  it issued. 

In  eases  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 37). 

J.  Procedure  in caac of  hoarding 

The  authorities  of  the  Commission  of  the  European  Communities  in  Guinea-Bissau  shall  be  notified 
within  41 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  pursuant  to  Article 
10 of  the Agreement-

A 2, 

Appendix  I 

APPLICATION FORM 
FORA 
FISHING  LICENCE 

For  official  war only 

Remarks 

Nationality: 

Licence No: 

Date of signing:  .„ 

_ 

—.~™ 

~ 

Date of issue: 

..— 

A2> 

APPUCANT 

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: 

New  name: 

Date and place of  construction: 

«. 

Original  nationality: 

Registration  No: 

Former name: 

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 

• 

Sonar  D 

Netsonde 

G 

VHF  D 

SSB  O 

Neoonde  satellite navigation  O 

Other 

-

No oft 

V 

CONSERVATION 

Packed  in ice 

Q 

Ice  -f  refrigeration 

Freezing  in brine 

D 

Dry 

Total  refrigerating  power: 

LJ 

Q 

Refrigerated  sea water 

Q 

Freezing capacity  in tonnes/24  hours: 

~ 

Hold capacity: 

_ 

- 

- 

— 

TYPE  OF  FISHING 

A.  Demersal 

Inshore demersal 

Type of  trawl: Cephalopods 

D 

Q 

Deep-sea demersal 

LJ 

Shrimps  O 

Fish  Q 

Length of trawl: 

Headline: 

Mesh size in the body: 

Mesh size in the wings: 

Speed of  trawling: 

B.  Deep-sea pel agir (tuna) 

Pole and line 

D 

No of poles and lines 

Q 

Seine 

• 

Length of  net: 

Depth of i 

No  of  tanks: 

Capacity in tonnes: 

C.  Lamufimtt»  MM! pota 

Surface 

• 

Length of  bars:  — 

No of bars: 

No of  poo: 

Bottom 

O 

No of books: 

1J 

SHORE INSTALLATIONS 

Address and permit  N o: 

Name of  firm: 

Activities: 

Domestic wholesale fish trade 

D 

Export 

O 

Type and No  of  wholesale trader's card:  _. 

Description  of  processing  and  conservation  plant: 

No of employees: 

NB:  Indicate  affaraaatsW  a—wrrs  by  a  tkfc in  the  appwmriaic  bos. 

Technical  remarks 

16 

AssthorizatJoo of  the  Ministry 

MINISTRY  FOR  FISHERIES 

STATISTICS  ON  CATCH  AND  ACnVTTY 

Appendix  2 

Name  of  vessel: 

Nationality  (flag): 

Engine  rating: 

Gross  registered  tonnage: 

Date 

Fishing  tone 

Longitude 

Latitude 

Number  of 
fishing  operations 

Number  of 
fishing  hours 

Month: 

Year: 

Fishing  method: 

Port  of  landing: 

Species  of  fish 

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/ 

1 

! 

i 
l 
j 

ij 

f 

1 

[ 

• 

1 
1 
! 

. 

| 
i 

l 

i 

1 

^9 

FINANCIAL STATEMENT 

DATE 

1. BUDGET HEADING  :  B7 - 800 

APPROPRIATIONS : 

2. TITLE  : New  EC/Guinea-Bissau 

3. LEGAL BASIS  : EC/Guinea-Bissau  agreement on fishing off the Guinea-Bissau 

coast 

4. AIMS OF PROJECT  : Protocol  for a period of 2 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) 

FOLLOWING 
FINANCIAL 
YEAR  (94) 

6350000 ECU 
(annual 

average) 

6350000 ECU 
(annual 

average) 

5.0.1. ESTIMATED  EXPENDITURE 
5.1.1. ESTIMATED  REVENUE 

1993 

1994 

6350000 
(annual average) 

6350000 

5.2. METHOD OF CALCULATION  : - financial  contribution 

scientific programme 
study grants 

12.000.000 ECU 
450.000 ECU 
250.000 ECU 

Financial  compensation 
Average annual cost 

12.700.000 ECU 
6.350.000  ECU 

6.0. CAN THE PROJECT BE FINANCED FROM APPROPRIATIONS ENTERED IN 

THE RELEVANT CHAPTER OF THE CURRENT BUDGET ? 

6.1. CAN THE PROJECT BE FINANCED  BY TRANSFER BETWEEN CHAPTERS 

OF THE CURRENT BUDGET ? 

6.2. IS A SUPPLEMENTARY  BUDGET NECESSARY ? 

6.3. WILL FUTURE BUDGET APPROPRIATIONS  BE NECESSARY ? 

OBSERVATIONS : 

YES/tfÛ» 

YES/#e 

r/NO 

YES/«®» 

£° 
£° 
£° 

ISSN 0254-1475 
ISSN 0254-1475 
ISSN 0254-1475 

PDM(93) 292 final 
jÇDM(93) 292 final 
jÇDM(93) 292 final 

DOÈUMËPlfS 

EN 
EN 
EN 

11 03 
11 03 
11 03 

Gatalogutenurifofr : OB-ÇQ-93-326fEHC 
Cataloguenunatbfr : OB-ÇQ-93-326fEHC 
Gatalogutenurifofr : OB-ÇQ-93-326fEHC 

ISBN;92-77-5^JB-.X 
ISBN;92-77-5^JB-.X 
ISBN;92-77-5^JB-.X 

Office for Officiai Publications of the European Conumuriitics 
Office for Offidal Publications of the European Conmiuriitics 
Office for Officiai Publications of the European Conumuriitics 
L-2985 Luxembourg 
L-2985 Luxembourg 
L-2985 Luxembourg 

..-. ] 
..-. ] 
..-. ] 

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