Proposal for a COUNCIL REGULATION (EC) on the conclusion of the Protocol establishing, for the period from 1 January 1994 to 31 December 1995, the fishing rights and financial compensation provided for in the Agreement between the European Community and the Government of the Republic of Guinea on fishing off the Guinean coast
Date: 1994-04-20
Institutions: European Commission
Subjects: Guinea, agreement (EU), deep-sea fishing, financial compensation of an agreement, fishing agreement

iCOMVIISSION  OF  THE  EUROPEAN  COMMUNITIES 

C0M(94)  138 final 
Brussels,  20.04.1994 

94/  0118(CNS) 

Proposal  for a 

COUNCIL DECISION 

on  Che conclusion  of  the Agreement  in  the form  of  an  exchange  of  letters  concerning  the 
provisional application  of the Protocol  establishing,  for the period  from  1 January  1994 to 
*Jï1ïecember  199 5  the  fishing  rights  and  financial  compensation  provided  for  in  the 
Communi.y and the Government  of the Republic 

Agreement between the European 

of  Guinea  on fishing  off  the Guinean  coast 

Proposal  for a 

94/  0118CCNS) 

COUNCIL  REGULAT]ON  (EC) 

on  the conclusion  of the Protocol  establishing, for the period  from  1 January  1994 to  31 
December  1995^  the  fishing  rights  and  finandal  compensation  provided  for  in  thr 
Community  and the  Government  of  the 
Agreement  between  the  European 

Repabtk  of  Guinea  on  fishing off the Guinean  coast 

(presented  by  the Commission) 

EXPLANATORY  MEMORANDUM 

The protocol annexed to the fisheries agreement between EC and Guinea 
expired on 31.12.1993.  A new protocol was initialled by the two parties on 
24.2.1994, setting technical and financial terms governing  fishing by EEC 
vessels in Guinea waters for the period  1.1.1994 to 31.12.1995. 

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 EC and Guinea from the 
period  1.1.1994  to 31.12.1995. 

PROPOSAL OF 

C O U N C IL  DECISION 

of 

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  from  1 January  1994  to 
31  December  199 5,  the  fishing  rights  and  financial  compensation  provided  for 
the 
Community  and  the Government  of  the  Republic 
Agreement  between  the  European 

in 

of  Guinea  on  fishing  off  the  Guinean  coast 

THE  COUNCIL  OF  THF.  EUROPEAN  UNION 

Having  regard 

to  the  Treaty  establishing  the  European 

Community, 

Whereas  the  Agreement  in  the  form  ol  an  exchange  of  letters 
should  be  approved,  pending  a  final  decision  taken  on  the 
basis  of  Article  43  of  the  Treaty, 

Having  regard 

to  the  Agreement  between  the  European 
Community  and  the  Government  of  the  Republic 

of  Guinea  on  fishing  off  the  Guinean  coast  ('), 

HAS  DECIDED  AS  FOI  LOWS 

Article  1 

for 

the  period 

the  provisional  application  of 

in  the  form  of  an  exchange  of 

letters 
The  Agreement 
the  Protocol 
concerning 
to 
establishing, 
31  December  1995, 
financial 
compensation  provided  for  in  the  Agreement  between  the 
European 
Community  and  the Government  of  the 
Republic of Guinea  on  fishing  off  the Guinean  coast  is hereby 
approved  on  behalf  of  the  Community. 

from  1  January  1994 
rights  and 

fishing 

the 

The  texts  of  the  Agreement  in  the  form  of  an  exchange  of 
letters  and  of  the  Protocol  are  attached  to  this  Decision. 

Article  2 

the  Council 

The  President  of 
to 
designate  the  persons  empowered  to  sign  the  Agreement  in 
the  form  of  an  exchange  of  letters  in  order  to  bind 
the 
Community. 

is  hereby  authorized 

Done  at  Brussels, 

For  the  Council 

The  President 

Having  regard  to  the  proposal  from  the  Commission, 

Whereas,  in  accordance  with  the  second  subparagraph  of 
Article  15  of  the  aforesaid  Agreement,  the  Community  and 
the  Republic  of  Guinea  conducted  negotiations  to  determine 
the amendments  or  additions  to  be made  to  the Agreement  at 
the  end  of  the  period  of  application  of  the  Protocol  annexed 
to  the  Agreement; 

Whereas,  as  a  result  of  these  negotiations,  a  new  Protocol 
was  initialled  on  24  F e b r u a ry  1 9 %; 

Wheres,  under  that  Protocol,  Community  fishermen  h a \e 
fishing 
the  sovereignty  or 
the  waters  under 
jurisdiction  of  the  Republic  of  Guinea  for  the  period  from  I 
January  1994  to  31  December  1995; 

rights 

in 

Whereas,  in  order  to  avoid  any  interruption  in  the  fishing 
activities  of  Community  vessels,  it  is  essential  that  the  new 
Protocol  be  applied  as  soon  as  possible;  whereas,  for  this 
reason, the two  Parties initialled  an  Agreement  in the  form  of 
an  exchange  of 
the  provisional 
application  of  the  initialled  Protocol  from  the  day  following 
the date of expiry off the  current  Protocol; 

letters  providing 

for 

(')  ( )|  No  I  I I I,  27.  4.  198.1,  p.  I. 

!> 

AG R El-ME  NT 

in  the  form  of  an  exchange  of  letters  concerning  the  provisional  application  of  the  Protocol 
establishing,  for  the  period  from  1 January  1994 to 31  December  1995, the fishing  rights  and  financial 
Community  and  the 
compensation  provided  for  in  the  Agreement  between  the  European 

Government  of  the  Republic  of  Guinea  on  fishing  off  the  Guinean  coast 

A. 

letter 

from 

the.  Government 

of  the  Republic  of  Guinea 

Sir, 

With  reference  to  the  Protocol  initialled  on  24  F e b r u a ry  1994establishing  fishing  rights  and  financial 
compensation  for  the  period  from  1 January  199 4to  31  December  1995,1 have  the  honour  to  inform 
you  that  the  Governmen't  of  the  Republic  of  Guinea  is  ready  to  apply  this  Protocol  on  a  provisional 
basis,  with  effect  from  I  January  1994,  pending  its entry  into  force  in  accordance  with  Article  8 of  the 
said  Protocol,  provided  that  the  European 

Community  is  disposed  to  do  the  same. 

This  is  on  the  understanding  that  a  first  instalment  equal  to  5 0%  of  the  financial  compensation 
specified  in  Article  2  of  the  Protocol  is  paid  by  30  J u ne  1 9 9 4. 

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

Community's  agreement  to  such 

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

For  the  Government 

of  the 

Republic  of  Guinea 

ft.  Letter  from 

the 

Community 

Sir, 

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

'With  reference  to  the  Protocol  initialled  on  " 
FetTUary  T J ^H  cstablishinj»  fishing  rights  and 
financial  compensation  for  the  period  from  1  January  1 9 94  to  31  December  1995,  I  have  the 
honour  to  inform  you  that  the  Government  of  the  Republic  of  Guinea  is  ready  to  apply  this 
Protocol  on  a  provisional  basis,  with  effect  from  1  January  1994,  pending  its  entry  into  force  in 
accordance  with  Article  8 of  the said  Protocol,  provided  that  the  European 
Community 
is  disposed  to  do  the  same. 

This  is on  the  understanding  that  a  first  instalment  equal  to  5 0%  of  the  financial  compensation 
specified  in  Article  2  of  the  Protocol  is  paid  by  30  Jjne  1 9 9 4. 

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

Community's  agreement  to  such 

I  have  the  honour  to  confirm  the  European 

Community's  agreement  to  this  provisional 

application  of  the  Protocol. 

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

C hi  behalf  of 

the Council of  the  European  Union 

\ 

PROPOSAL OF 

9 4/  0118CCNS) 

COUNCIL  REGULATION  (  EC)  No 

of 

on  the  conclusion  of  the  Protocol  establishing,  for  the  period  from  1 January  1994  to  31 
December  1995,  the  fishing  rights  and  financial  compensation  provided  for  in  the 
Community  and  the  Government  of  the 
Agreement  between  the  European 

Republic  of  Guinea  on  fishing  off  the  Guinean  coast 

THE COUNCIL  OF THE  EUROPEAN UNION, 

Having  regard  to  the  Treaty  establishing  the  European 
Community, and  in particular  Article  228  (2)  and  (3) first 
subparagraph, in conjunction with Article 43, 

Having  regard  to  the  proposal  from  the  Commission, 

Having  regard 
Parliament  ('), 

to 

the  opinion  of 

the  European 

to 

Whereas,  pursuant 
the 
European  Economic  Community  and  the  Government  of 
the  Republic  of  Guinea  on  fishing  off  the  Guinean 
coast (2), 

the  Agreement  between 

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

HAS ADOPTED  THIS  REGULATION: 

Article  1 

The  Protocol  establishing,  for  the  period  from  1 January 
1994  to  31  December  1995,  the  fishing  rights  and 
financial  compensation  provided  for  in  the  Agreement 
between  the  European 
Community  and  the 
Government  of  the  Republic  of  Guinea  on  fishing  off  the 
Guinean  coast  is  hereby  approved  on  behalf  of  the 
Community. 

The  text  of  the  Protocol  is  attached  to  this  Regulation. 

the  two  Parties  conducted  negotiations  to 
determine  the  amendments  or  additions  to  be  made  to 
the  Agreement  at  the  end  of  the  period  of  application  of 
the  Protocol  annexed  to  the  Agreement; 

Whereas,  as  a  result  of  these  negotiations,  a  new 
Protocol  establishing,  for  the  period  from  1  January 
1994  to  31  December  1995,  the  fishing  rights  and 
financial  compensation  provided  for  in  the  abovemen-
tioned  Agreement  was  initialled  on 24  February r1994  ; 

Article  2 

The  President  of  the  Council  is  hereby  authorized  to 
designate  the  persons  empowered  to  sign  the  Protocol  in 
order  to  bind  the  Community. 

Article  3 

This  Regulation  shall  enter  into  force  on  the  third  day 
following  that  of  its  publication  in  the  Official Journal  of 
the  European  Communities. 

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

Done  at  Brussels, 

For the  Council 

The President 

(')  OJ  No 
(')  OJ  No  L  111,  27. 4.  1983, p. J. 

5 

P R O T O C OL 

establishing,  for  the  period  from  1  January  1 9 9 4 to  Î1  December  1995,  the  fishing  rights and  financial 
Community  and  the 
compensation  provided  for  in  the  Agreement  beiween  the  l.uropean 

Government  of  the  Republic  of  Guinea  on  fishing  off  the  Guinean  coast 

Article  I 

For  a  period  of  two  years  from  1 January  1994,  the  fishing 
rights  granted  under  Article  2  of  the  Agreement  shall  be  as 
follows: 

1. 

trawlers: 
average; 

4 . 2 00 

&rt  n  nionth,  annual 

2. 

freezer  tuna  seiners:  24  vessels; 

3.  pole-and-line  tuna  vessels  and  surface  longliners:  1Q 

vessels; 

4. 

surface  longliners:  five  vessels. 

Article  2 

1. 
The  financial  compensation  referred  to  in  Article  8  of 
the Agreement  shall  be, for  the period  referred  to in  Article  1, 
ECU  1.700  0 0 0,  payable  in  two  equal  annual  instalments. 

The  use  to  which  this  compensation  is put  shall  be  the 
2. 
sole  responsibility  of  the  Government  of  the  Republic  of 
Guinea. 

The  compensation  shall  be  paid 

into  an  account 
3. 
opened  with  a  financial 
institution  or  any  other  body 
designated  by  the  Government  of  the  Republic  of  Guinea. 

Article  3 

At  the  request  of  the  Community,  the  fishing  rights  referred 
to  in  point  1  of  Article  1  may  be  increased  by  successive 
instalments  of  1 000  grt  a  month,  calculated  on  an  annual 
average  basis.  In 
this  case,  the  financial  compensation 
referred  to  in  Article  2  shall  be  increased  proportionately. 

This  sum  shall  be  made  available  to  the  Government  of  the 
Republic  of  Guinea  and  paid  into  the  account  indicated  by 
the  Guinean  authorities. 

Article  S 

that 

improving 

the  success  of 

two  Parties  agree 

their  cooperation.  To 

The 
the  skills  and 
knowledge  of  those  involved  in  sea-fishing  is a  vital  element 
in 
the 
Community  shall  make  it  easier  for  nationals  of  Guinea  to 
find  places  in  establishments  in  its  Member  States  and  shall 
provide  for  that  purpose  awards  for  study  and  practical 
training  in  the  various  scientific,  technical  and  economic 
disciplines  relating  to  fisheries. 

that  end, 

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  E C U 5 5 0 . 0 0 0-  At  the  request  of 
the  Guinean  authorities,  part  of  this  sum  may  be  used  to 
cover  the  costs  of  participation  in  international  meetings  or 
training  courses  concerning  fisheries  or  for  the  organization 
of  seminars  on  fishing 
the 
administrative  infrastructure  of  the  fisheries  department. 
The  sum  shall  be  payable  as  and  when  it  is  used. 

in  Guinea,  or  to  strengthen 

Article  6 

Should  the  Community  fail  to  make  the  payments  provided 
for  in Articles  2 and  4, the application  of this Protocol  may  be 
suspended. 

Article  7 

to 

The  Annex 

the  Agreement  between 

the  European 
Community  and  the  Government  of  the  Republic 
of  Guinea  on  fishing  off  the Guinean  coast  is hereby  repealed 
and  replaced  by  the  Annex  to  this  Protocol. 

Article  4 

Article  8 

The  Community  shall  also  contribute  during  the  period 
referred  to  in  Article  1 the  sum  of  ECU  45O.OO0<»wards  the 
financing  of  a  Guinean  scientific  or  technical  programme  to 
the 
improve  information  on  the  fishery  resources  within 
exclusive  economic  zone  of  the  Republic  of  Guinea. 

This  Protocol  shall  enter  into  force  on  the date  on  which  it  is 
signed. 

It  shall  be  applicable  from  1 January  1994. 

& 

ANNL.X 

C O N D I T I O NS  I OK  I I II  I  XI  RCISE  O IT  ISHING  AC  I I V II HIS BY C O M M U N I TY  V I S SE IS  IN  G U I N E A 'S 
FISHING  Z O NK 

A.  Licence  application  and  issuing  formalities 

T he  relevant  Community  authorities  shall  present  to  the  Office  of  the  M i n i s t ry 
for  fisheries  of  the 
Republic  of Guinea,  via  the Commission  Delegation  in Guinea,  an  application  for  each  vessel  that  is to  be  used 
for  fishing  under  the  Agreement,  at  least  30  days  before  the  date  of  commencement  of  the  period  of  validity 
requested. 

The  applications  shall  be  made  on  the  forms  provided  for  that  purpose  by  the  Government  of  the  Republic  of 
Guinea,  a  specimen  of  which  is  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  opened  with  the  Public  Treasury  of  Guinea. 

The  fees  shall  include  all  national  and  local  charges  except  for  port  taxes  and  service  costs. 

Licences  for  all  vessels  shall  be  issued  by  the  Cîuinean  authorities  within  30  days  following  receipt  of  proof  of 
payment  as  laid  down  above  to  the  shipowners  or  their  representatives  via  the  Delegation  of  the  Commission 
of  the  European  Communities  in  Guinea. 

Licences  shall  be  issued  for  a  specific  vessel  and  shall  not  be  transferable.  However,  where force  majeure,  is 
C o m m u n i t y,  a  vessel's  licence  shall  be  replaced  by  a  new 
proven  and  at  the  request  of  the  European 
licence  for  another  vessel  whose  features  are  similar  to  those  of  the  first  vessel.  T he  owner  of  the  first  vessel 
shall  return  the cancelled  licence  to  the  Office  of  the  M i n i s t ry 
for  Fisheries  of  the  Republic  of  Guinea 
via  the  authorities  of  the  Commission  of  the  European  Communities. 

The  new  licence  shall  indicate: 

—  the  dare  of  issue, 

—  the  validity  of  the  new  licence, covering  the  period  from  the date  of  arrival  of  the  replacement  vessel  to  the 

date  of  expiry  of  the  licence  of  the  replaced  vessel. 

In  this  case,  no  fee  as  laid  down  in  the  second  subparagraph  of  Article  5  of  the  Agreement  shall  be  due  for 
unexpired  periods  of  validity. 

T he  licence  must  be  held  on  board  at  all  times. 

I.  Provisions  applicable 

to 

trawlers 

1.  Each  vessel  shall  be obliged  to  report  to the port  of  Conakry  once  a year, prior  to  the  issue of  the  licence,  to 
undergo  the  inspection  laid  down  by  the  rules  and  regulations  currently  in  force.  Inspections  shall  be 
carried  out exclusively  by duly  authorized  persons and  must  be effected  within  24  working hours of  arrival 
of  the  vessel  in  port  if  arrival  has  been  announced  at  least  48  hours  in  advance.  If  the  licence  is  renewed 
during  the  same  calendar  year  the  vessel  shall  be  exempt  from  further 

inspection. 

•  2.  Each vessel must be represented by an agent  of  Guinean  n a t i o n a l i t y,  established  in  Guinea. 

3. 

(a)  For  the  duration  of  this  Protocol  the  fees  for  annual  licences  shall  be  as  follows: 

—  ECU  126/grt  per  year  for  fin-fish  trawlers, 

—  ECU  150/grt  per  year  for  cephalopod  trawlers, 

—  ECU  152/grt  per  year  for  shrimp  trawlers. 

Payment  may  be  made 
respectively. 

in  quarterly  or  half-yearly 

instalments  at  a  fee 

.S %  and  3 %  higher 

(b)  For  the  duration  of  this  Protocol  the  fees  for  half-yearly  licences  shall  be  as  follows: 

—  ECU  8 2 / g rt  per  half-year  for  fin-fish  trawlers, 

—  ECU  9 7 / g rt  per  half-year  for  cephalopod  trawlers, 

—  ECU  9 9 / gn  per  half-year  for  shrimp  trawlers. 

However,  vessels (ailing to  land  100  kg ol  fish  per grt  per quarter  in accordance  with  the  provisions  of 
part  C  shall  be  obliged  to  pay  an  additional  fee  of  ECU  10  per  grt  per  year 

> 

II.  Provisions  applicable 

to  tuna  vessels  and  surfait1 

longliners 

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

(b)  Licences  shall  be  issued  following  payment  to  the  Office  of  the  M i n i s t ry 

for  fisheries  of  a 
lump  sum  of  ECU  1 500  a  year  for  each  tuna  seiner  and  ECU  300  a  year  for  each  pole-and-line  tuna 
vessel  and  surface  longlincr,  equivalent  to  the  fees  for: 

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

-- 

IS  tonnes  caught  per  year  in  the  case  of  pole-and-line  tuna  vessels  and  surface  longliners. 

The  final  statement  of  the  lees due  for  the  fishing  period  shall  be drawn  up  by  t h e(  omnussion  of  the  l.uropean 
Communities  at  the  end  of  each  calendar  year  on  the  basis  of  the  catch  statements  made  for  each  vessel  and 
confirmed  by  the  scientific  institutes  responsible  for  verifying  catch  data  (Orstom  and  Spanish  Institute  of 
Oceanography)  (1EO)). The  statement  shall  be forwarded  simultaneously  to the Office  of  the  M i n i s t ry 
for  Fisheries  and  to the shipowners.  Any  additional  payment  due  shall  be made  by  the  shipowners  to  the  Office 
for  Fisheries of Guinea  no  later  than  30 days after  notification  of  the  final  statement,  to 
of  the  M i n i s t ry 
be  paid  into  the  account  opened  with  the  Public  Treasury  of  Guinea. 

However,  if the  amount  of  the  final  statement  is lower  than  the abovcmentioned  a m o u n t,  the  resulting  balance 
shall  not  be  reimbursable. 

B.  Statement  of  catch 

For all Community  vessels authorized  to  fish  in Guinea's  waters  under  the  Agreement  a statement  of  their  catch 
must  be  provided  to  the  Office  of  the  M i n i s t ry 
for  Fisheries,  with  a  copy  to  the  Commission 
Delegation  in  Guinea,  in  accordance  with  the  procedures  set  out  below: 

—  for  trawlers  a  statement  shall  be  made  out  according  to  the  specimen  annexed  hereto  (Appendix  2).  T he 

statements  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's  fishing  zone.  The  form  must  be  sent,  within  45 
days  of  the end  of  the  fishing  voyage spent  in the Guinea  fishing  zone,  to  the  Of I ice of  the  M i n i s t ry 
for  Fisheries  via  the  Delegation  of  the  Commission  of  the  European  Communities  in  Guinea, 

—  forms  must  be  completed  legibly  and  be  signed  by  the  master  of  the  vessel. 

Should  this  provision  not  be adhered  to, the  Government  of  Ciuinca  reserves the  right  to  suspend  the  licence  of 
the  offending  vessel  until  the  formality  has  been  complied  with. 

this  case,  the  Delegation  of 

In 
informed. 

the  Commission  of 

the  European  Communities 

in  Ciuinca  shall  be 

C.  Landing  of  catch 

Trawlers  authorized  to  fish  in the Guinea  fishing  zone shall, in order  to make  a contribution  t o w a r ds  supplying 
the  local  population  with  fish  caught  in  the  Guinea  fishing  zone,  be  obliged  to  land  100  kg  of  fish  per  grt  per 
year  free  of  charge. 

Landings  may  be  made  individually  or  collectively,  mention  being  made  at  the  vessels  concerned. 

D.  By-catch 

1.  Fin-fish  trawlers  may  not  hold  on  board  species other  than  fish  representing  more  than  1  S %  of  their  total 

catch  in  the  Guinea  fishing  zone. 

Cephalopod  trawlers  may  not  hold  on  board  crustaceans  representing  more  than  2 0%  or  fish  representing 
more  than  30 7»  of  their  total  catch  in  the  Guinea  fishing  zone. 

Shrimp  trawlers  may  not  hold  on  board  cephalopods  representing  more  ihan  2 5%  or  fish  representing 
more  than  507»  of  their  total  catch  in  the  Guinea  fishing  zone. 

A  maximum  tolerance  of  S "A, of  these  percentages  shall  be  authorized. 

These  limits  shall  be  indicated  on  the  licence. 

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  fishing  zone. 

I.  Sigiiuig-oii  of  seamen 

I  Owners  who  have  been  issued  fishing  licences  uiuler  «lie  Agreement  shall  <• ">KI 'ibuie  m  ihe  on  the  |oh 

voc.niim.il  naming  of  Guinea  nationals.  subject  to  the  conditions  and  limns  MI  OUI  below. 

(i)  c.teli  trawler  owner  shall  undertake  to  employ: 

-•  ilucc  seamen/fishermen  on  vessels ol  op  to  150  git, 

.1 number o( scaiuen/fishci men equivalent 10 25 % <if ihe mini he'r ol  se.unen •' tisliei men signed on 
for  vessels  with  a tonnage  greater  than  350  grt; 

(n) 

lor  the  fleet  of  tuna  seiners,  three  Gtiinea  seamen  shall  l>e signed  on  pe < ni.nic-nth , 

du j 

for  ihe fleet of  pole  and  line itm.i  vessels, three Guinea  seamen shall lie signed on toi  ilu  nin.i  tislung. 
season  in  the  Guinea  fishing  /one.  ill  of  them  to  he  assigned  lo  different  \cssels. 

(iv) 

for the fleet of surface  longliners, the shipowners  undertake to employ two  fishermen per boat; 

(  v) 

the wages of these seamen/fishermen shall be fixed, before  licences are issued . In  nuiiti.il agreement 
between the shipowners or their representatives and the Office of  the  M i n i s t ry 
l or  '  isheries. 
the wages shall  be borne  by  the shipowners  and  must  include  the  social  contributions  to  whu li <h<-
seaman  is  sub|ect  (including  life  assurance  and  accident  and  sickness  insurance) 

should  the seamen not  be signed on, owners of  tuna  setners, pole-and-line  tuna  vessels and surface  longlmct s 
f °r  Fisheries  a lump  sum equivalent  to  the wages ol 
shall be obliged to pay  the Office  of the  M i n i s t ry 
seamen  not  signed  on. 

This  sum  will  be  used  for  the  training  of  seamen/fishermen  in'Guinea  and  is  to  be  paid  into  an  account 
specified  by  rhe  Guinean  authorities 

F 

Taking  on  board  of 

seamen/'observers 

I 

The 
seamen/observers" task  shall  be to  check  on  fishing  activities  in  the  Guinean  fishing 
zone and collect  all  statistical  data on  the fishing activities of  the  vessel concerned.  They shall  be offered 
every  facility  needed  to  carry  out  their  duties,  including  access  to  premises  and  documents  and  wceklv 
radio  communication  of  fishing  data. 

z*. 

I or each trawler the Office of the  M i n i s t ry 
signed  on  to  discharge  the  additional  function  of  observer. 

for  Fisheries shall designate one of the Guinean seamen 

The  master  of  the  vessel  shall  facilitate  the  work  of  the  seaman/observer  outside  the  actual  fishing 
operations.  The  seaman/observer  shall  be  paid  by  the  owner  as  a  seaman  in  line  with  the  terms  m 
force. 

The  seaman/observer  shall  not  normally  remain  on  board  for  more  than  two  trips 

3 

Tuna  vessels  and  surface  longliners  shall  take  an  observer  on  boaid  at  the  requesr  of  rhe  Office  of  the 
for  Fisheries.  He  must  not  remain  on  board  any  longer  than  is  necessary  loi  die 
m i n i s t ry 

accomplishment  of  his  duties 

The master  of  the  vessel shall  facilitate  the  work  of  the  observer,  who  shall  be  accorded  the  vumln 
enjoyed  by  officers  of  the  vessel 

Should  the  observer  be  taken  on  board  in  a  foreign  port,  bis  travelling  costs  shall  be  borne  b\ 
shipowner 

ilu 

Should  a vessel with  an observer  on  hoard  leave the Cîuinean  fishing zone, all  measures must  be taken w 
ensure  the  observer's  return  lo  Conakry  as soon  as  possible  at  the  expense  of  the  shipowner 

G. 

Inspection  and  monitoring 

Any  Community  vessel  fishing  in (•uinea's  zone  shall  allow  on  hoard  any  eiffic'ial  ol  Guinea  responsible  I,,, 
inspection  and  monitoring  and  shall  assist  bun  m  the  accomplishment  of  his  duties.  I his eilfieial  must  urn 
remain  eut board  any  longer  than  is necessary  lor  the  verification  e»l catches  by  random  cheeks  ami  loi  ,ui\ 
other  inspe-ciion  relating  to  fishing  activities. 

H.  Fishing  zones 

All  the  vessels  referred  to  in  Article  1 of  the  Protocol  shall  be  authorized  to  fish  in  waters  beyond  12  nautical 
miles. 

I.  Minimum  meshes  authorized 

The  minimum  mesh  size  authorized  for  the  trawl  body  (mesh  fully  extended)  shall  be: 

(a)  40  mm  for  shrimps; 

(b)  40  mm  for  cephalopods; 

(c)  60  mm  for  fin  fish. 

These minimum  sizes may  be altered  to conform  to the standardization  of the member  states of the  Subregional 
Fisheries  Commission.  Any  such  alterations  shall  be  examined  in  the  Joint  Committee 

J.  Entering  and  leaving  the  zone 

All  Community  vessels  fishing,under  the  Agreement  in  the  Guinean  zone  shall  communicate  to  the  radio 
station  of  the  Office  of  the  M i n i s t ry 
for  Fisheries  the  date  and  time  and  their  position  when  entering 
and  leaving  the  Guinea  fishing  zone. 

The  call  sign  and  operating  frequencies  and  times  of  the  station  shall  be  communicated  to  the  shipowners  by 
the  Office  of  the  M i n i s t ry 

t'le  l'me  the  licence  is  issued. 

^or  f:'sneries  at 

In  cases  where  this  radio  communication  cannot  be  used,  vessels  may  use  alternative  means,  such  as  telex 
(No  22315)  or  telegram. 

K.  Procedure  in  case  of  boarding 

1.  The  Delegation  of  the  Commission  of  the  European  Communities  in  Guinea  shall  be  notified  within 
48  hours  of  any  boarding  within  the  Guinea  exclusive  economic  zone  of  a  fishing  vessel  flying  the  flag  of  a 
Member  State  of  the  Community  and  operating  under  an  Agreement  concluded  between  the  C o m m u n i ty 
and  a  third  country  and  shall  at  the  same  time  receive  a  brief  report  of  the  circumstances  and  reasons 
leading  to  the  boarding. 

2. 

In the case of  vessels  authorized  to  fish  in Guinean  waters,  before  any  measures  regarding  the  master  or  the 
crew  of  the  vessel  or  any  action  regarding  the cargo  and  equipment  of  the  vessel  are considered,  other  than 
those  to  safeguard  evidence  relating  to  the  presumed  infringement,  a  consultation  meeting  shall  be  held, 
within  48  hours  of  receipt  of  the above-mentioned  information,  between  the  Delegation  of  the  Commission 
of  the  European  Communities,  the  Office  of  the  M i n i s t ry 
for  Fisheries  and  the  inspection 
authorities,  possibly  attended  by  a  representative  of  the  M e m b er  State  concerned. 

At  the  meeting,  the  Parties  shall  exchange  any  relevant  documentation  or  information,  in  particular 
automatically  registered  data  showing  the  vessel's  positions  during  the  trip  up  to  rhe  time  of  boarding, 
helping  to  clarify  the  circumstances  of  the  established  facts. 

The  shipowner  or  his  representative  shall  be  informed  of  the  outcome  of  the  meeting  and  of  any  measures 
resulting  from  the  boarding. 

3.  Before  any  judicial  procedure,  an  attempt  shall  be  made  to  resolve  the  presumed  infringement  through  a 
the 

three  working  days  after 

later 

than 

compromise  procedure.  This  procedure  shall  end  no 
boarding. 

4.  Should  the  case  not  be  settled  by  means  of  compromise,  and  therefore  be  brought  before  a  competent 
judicial  body,  a  bank  security  shall  be  fixed  by  the  relevant  authority  within  48  hours  following  the 
conclusion  of  the  compromise  procedure,  pending  the  judical  decision.  T he  a m o u nt  of  the  security  must 
not  exceed  the  amount  of  the  penalty  laid  down  under  national  legislation  for  the  presumed  infringement 
in question.  The  bank  security  shall  be  returned  to  the shipowner  by  the  relevant  authority  once the case  is 
settled  without  incrimination  of  the  master  of  the  vessel  concerned. 

5.  The  vessel  and  its  crew  shall  be  released  either: 

—  at  the  end  of  the  consultation  meeting,  if  the  established  facts  permit,  or 

—  once  the  obligations  arising  under  the  compromise  have  been  fulfilled,  or 

—  once  a  bank  security  is  deposited  (judicial  procedure). 

6.  Should  one  of  the  Parties  consider  that  there  is  a  difficulty  in  the  application  of  the  above-mentioned 

procedure,  it  may  request  urgent  consultations  under  Article  10  of  the  Agreement. 

\o 

Appendix  I 

APPLICATION FORM 
FORA 
FISHING LICENCE 

For  official  use  only 

Remarks 

Nationality: 

Licence  No: 

Date  of  signing: 

Date  of  issue: 

A\ 

APPLICANT 

Name  of  firm: 

Trade  register  N o: 

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  N o: 

Former  name: 

Length: 

Beam: 

Hold: 

Gross  tonnage: 

Net  tonnage: 

Type  of  building  materials: 

Make  of  main  engine: 

Type: 

Rating: 

Propeller: 

Fixed 

| 

] 

Variable 

| 

| 

Ducted 

| 

| 

Transit  speed : 

Call  sign: 

("all  frequency: 

List  of  sounding,  navigating  and  transmission  instruments: 

Radar 

I 

I 

Sonar 

I 

I 

Netsonde 

I 

I 

•

SSB 

I 
I 

1 
I 

Netsonde  satellite 
navigation 

i  1 
I 
I 

Otht 

No  of  seamen : 

*l 

C O N S E R V A T I ON 

Packed  in  ice 

r—i 
| 
| 

Ice  and 
refrigeration 

•—i 
I 
I 

Freezing  m  brine 

1 

I 

Dry 

I 

I 

Refrigerated  sea  water 

| 

| 

Total  refrigerating  power: 

Freezing  capacity  in  t o n n e s / 24  hours: 

Hold  capacity : 

TYPE  OF  FISHING 

A.  Demersal 

Inshore  demersal 

I 

I 

Deep-sea  demersal 

I 

I 

Type  of  trawl: 

Ccphalopods 

| 

| 

Shrimps 

| 

| 

Fish 

| 

| 

Length  of  trawl: 

Headline: 

Mesh  size  in  the  body: 

Mesh  size  in  the  wings: 

Speed  of  trawling: 

B.  Deep-sea  pelagic  (tuna) 

Pole  and  line 

I 

I 

No  of  poles  and  lines 

| 

| 

Seine 

| 

| 

Length  of  net: 

Depth  of  net: 

No  of  tanks: 

Capacity  in  tonnes: 

C.  Longlines  and  pots 

Surface 

| 

| 

Bottom 

| 

| 

Length  of  lines: 

No  of  hooks:  . 

No  of  lines: 

No  of  pots: 

-4"s 

SHORE  INSTALLATIONS 

Address  and  permit  No:  .... 

Name  of  firm: 

Activities: 

Domestic  wholesale  fish  trade 

I 

I 

Export 

I  I 

Type  and  No  of  wholesale  trader's  card: 

Description  of  processing  and  conservation  plant: 

No  of  employees: 

NB:  Indicate  affirmative  answers  by  a tick  in  the  appropriate  box. 

-^ 

Technical  remarks 

Authorization  of  the  M i n i s t ry  f or  F i s h e r i es 

AS 

OFFICE  OF  THE  SECRETARY  OF  STATE 
FOR  FISHERIES 

i Name  of  vessel: 
, 
i  Nationality  (flag): 

j 
j 
i 

Appendix  2 

STATISTICS  ON  CATCH  AND  ACTIVITY 

I 
|  Engine  rating: 
I 
!  Gross  registered  tonnage: 

' 

1 
| 

Month: 

Year: 

! 

, 
j 

j Fishing  method: 

i 

I Port  of  landing: 

Fishing  zone 

Longitude 

Latitude 

Number  of 
fishing  operations 

Number  of 
fishing  hours 

Species  of  fish 

Totals 

X 

1/ 

3/ 
"4T 

51 

11 

9/ 

10/ 

11/ 

12/ 

13/ 

14/ 

15/ 

16/ 

17/ 

18/ 

19/ 

20/ 

21/ 
"227 
23/ 

24/ 

25/ 

26/ 

27/ 

28/ 

29/ 

30/ 
717 

Remark* 

1  UH  o n*  aha el  per  month,  and  o n*  Una  par  day 
2  Ai  the  and  el  eaeh trip.  forward  a  copy  of  the  log  to  your  correepondenl  or  to  ICCAT  General  Mola  17.  Madrid  I  Spain 
X  " D a y"  r e i en  k> the  day  you  ae« the  line. 

4  Fnhlng  a/aa  rafara  to  tha  noon  poertion  of  the  boat  Round  on  mlnutaa.  and  racord  degrees  of  l a l l t u d*  and  IOAOAUJ**  Da  aura  to 

record  N /S  and  F./VV 

i  Tha  bottom  Hn*  ("landing  weighi")  ahould  b*  eomplaiad  only  at  the  and  d 

i n*  trip  Actual  «eight  al  tha  ome  of  v  n i l»  y  anouid 

ba  recorded. 

6  Ail  information  reported  Saratn  wtll  ba  kept  atrtctly  conndenllal 

FINANCIAL  STATEMENT 

DATE : 

1. BUDGET HEADING 

B7 - 800 

APPROPRIATIONS 

2. TITLE  : New protocol  EC/Guinea 

3. LEGAL BASIS  : EC/Guinea Agreement 

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 

5.0.1. ESTIMATED  EXPENDITURE 
5.1.1. ESTIMATED REVENUE 

5.2. METHOD OF CALCULATION : 

-  financial  contribution 
- scientific programme : 
- study grants : 

Financial compensation : 
Average annual cost : 

PERIOD OF 12 
MONTHS 

CURRENT 
FINANCIAL 
YEAR  (94) 

FOLLOWING 
FINANCIAL 
YEAR  (95) 

2.700.000ECU 

in 2 
instalments 

1.700.000  ECU 
450.000 ECU 
550.000 ECU 

2.700.000  ECU 
1.350.000  ECU 

6.0. CAN THE PROJECT BE FINANCED FROM APPROPRIATIONS ENTERED IN 

THE RELEVANT CHAPTER OF THE CURRENT BUDGET ? 

YES> 

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 ? 

!>X;YES 

NO 

&  • YES 

OBSERVATIONS : 

At 

ISSN 0254-1475 

COM(94) 138 final 

DOCUMENTS 

EN 

1103 

Catalogue number : CB-CO-94-145-EN-C 

ISBN 92-77-67603-5 

Office for Official Publications of the European Communities 
L-2985 Luxembourg 

A0)