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 the fishing possibilities and the 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 for the period 16 June 1995 to 15 June 1997
Date: 1995-09-14
Institutions: European Commission
Subjects: Guinea-Bissau, agreement (EU), authorised catch, deep-sea fishing, financial compensation of an agreement, fishing agreement

COMMISSION  OF THE  EUROPEAN  COMMUNITIES 

Brussels,  14.09.1995 
COM(95)  427final 

95/  0233  (AVC) 

Proposal  for a 

COUNCIL REGULATION (EC) 

95/  0233  (AVC) 

on  the  conclusion  of  the  Protocol  establishing  the  fishing  possibilities  and the 
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  for the period  16 June  1995  to  15 June  1997 

(presented by the  Commission) 

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  the  fishing  possibilities  and  the 
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 for the period  16 June  1995  to  15 June  1997 

(presented by the  Commission) 

EXPLANATORY  MEMORANDUM 

The Protocol  annexed to the fisheries  agreement between the European Community and 
the Republic  of  Guinea-Bissau  expired on  15 June  1995.  A new Protocol  was  initialled 
by  the  two  parties  on  7  June  1995  establishing  the  technical  and financial conditions 
under which  Community  fishing  vessels  can fish  in Guinea-Bissau  waters in the period 
16 June  1995  to  15 June  1997. 

The Commission  is  accordingly  proposing that the Council  should adopt: 

by means of a Decision, the draft Agreement in the form of an exchange of letters 
concerning the provisional  application of the new Protocol  pending its final entry 
into  force, 
by means of a Regulation, the Protocol  establishing  the fishing  opportunities and 
the associated technical  and financial  conditions  agreed between  the Community 
and Guinea-Bissau  for the period  16 June  1995  to  15 June  1997. 

A 

Proposal  for a 

COUNCIL REGULATION 

on  the  conclusion  of  the  Protocol  establishing  the  fishing  possibilities  and the 
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  for the period  16 June  1995  to  15 June  1997 

THE COUNCIL OF THE EUROPEAN UNION, 

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

Having  regard to the proposal  from  the Commission, 

Having  regard to the opinion  of  the European Parliament0^ 

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, 
the two Parties have conducted negotiations to determine any amendments  and additions 
to  be  made  to  the  Agreement  at  the  end  of  the  period  of  application  of  the Protocol 
annexed thereto; 

Whereas,  as  a  result  of  those  negotiations,  a  new  Protocol  establishing  the  fishing 
possibilities  and financial  compensation  provided for in the abovementioned  Agreement 
for the  period  16 June  1995 to  15 June  1997 was initialled  on  7 June  1995; 

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

Whereas  the  allocation  of  fishing  possibilities  among  the  Member  States  should  be 
determined  on  the  basis  of  the  traditional  allocation  of  fishing  possibilities  under  the 
fisheries  agreement 

HAS  ADOPTED THIS REGULATION: 

Article 1 

The Protocol establishing the fishing possibilities and the 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  for the period 16 
June  1995  to  15 June  1997  is hereby  approved on behalf of  the Community. 

The text of  the Protocol  is attached  to this Regulation. 

(i) 

Opinion delivered on 

(not yet published  in the Official  Journal) 

% 

Article  2 

The  fishing  possibilities  provided  for  in  the  Protocol  are  allocated  among  the  Member 
States  as  follows: 

Italy: 
Portugal: 
Spain: 

3  200  GRT 
3  200  GRT 
2  400  GRT 

However,  for  the  first  year  for  which  the Protocol  applies  the  allocation  is the  following: 

Italy: 
Portugal: 
Spain: 

3  800  GRT 
3  000  GRT 
2  000  GRT 

If  licence  applications  from  these  Member  States  do  not  exhaust  the  fishing  possibilities 
provided  for  in the  Protocol  the  Commission  may  entertain  licence  applications  from  any 
other  Member  State. 

Article  3 

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

Article  4 

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

the 

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

Done  at  Brussels, 

For  the  Council 
The  President 

3 

AGREEMENT 

in the form of an exchange of letters concerning the provisional  application of the 
Protocol  establishing  the  fishing  possibilities  and  the  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  for the period  16 June  1995  to  15 June  1997, 

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

Sir, 

With  reference  to  the  Protocol  initialled  on  7  June  1995  establishing  the  fishing 
possibilities and the financial  compensation for the period 16 June  1995 to 15 June 1997, 
I have the honour to inform you that the Government of  the Republic of  Guinea-Bissau 
is  ready  to  apply  the  Protocol  on  a provisional  basis,  with  effect  from  16 June  1995, 
pending  its entry  into force  in accordance  with Article 9 of  the Protocol,  provided that, 
the Community  is prepared to do the same. 

This  is  on  the  understanding  that  the  first  instalment  of  the  financial  compensation 
specified  in Article  2 of the Protocol  is to be paid before  31 December  1995. 

I should be obliged if you would confirm the Community's agreement to such  provisional 
application. 

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

For the  Government 

of the Republic of Guinea-Bissau 

B.  Letter  from  the  Community 

Sir, 

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

"With  reference  to  the  Protocol  initialled  on  7  June  1995 
establishing  the  fishing 
possibilities  and  the  financial  compensation  for  the  period  16 June  1995  to  15 June  1997, 
I  have  the  honour  to  inform  you  that  the  Government  of  the  Republic  of  Guinea-Bissau 
is  ready  to  apply  the  Protocol  on  a  provisional  basis,  with  effect  from  16  June  1995, 
its  entry  into  force  in  accordance  with  Article  9  of  the  Protocol,  provided  that 
pending 
the  Community  is  prepared  to  do  the  same. 

This  is  on  the  understanding  that  the  first  instalment  of  the  financial  compensation 
specified  in  Article  2  of  the  Protocol  is  to  be  paid  before  31  December  1995. 

I should  be obliged  if you  would  confirm  the Community's  agreement  to such  provisional 
application." 

I  have  the  honour  to  confirm  the  Community's  agreement  to  the  provisional  application 
of  the  Protocol. 

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

On  behalf  of 

the  Council  of  the  European  Union 

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  the  fishing  possibilities  and  the 
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  for  the  period  16  June  1995  to  15  June  1997 

THE  COUNCIL  OF  THE  EUROPEAN  UNION, 

Having  regard  to  the  Treaty  establishing  the  European  Community, 

Having  regard  to  Agreement  between  the  European  Economic  Community  and  the 
Government  of  the Republic  of  Guinea-Bissau  on  fishing  off  the  coast  of  Guinea-Bissau 
signed  in  Bissau  on  27  February  19801  , 

Having  regard  to  the  proposal  from  the  Commission, 

Whereas  the Community  and  the Republic  of  Guinea-Bissau  have  conducted  negotiations 
to  determine  any  amendments  and  additions  to  be  made  to  the  said  Agreement  at  the  end 
of  the  period  of  application  of  the  Protocol  annexed  thereto; 

Whereas,  as a result  of these negotiations, a new Protocol  was initialled  on  7 June  1995; 
Whereas,  under  that  Protocol,  Community  fishermen  enjoy  fishing  possibilities  in  the 
waters  under the sovereignty  or jurisdiction  of  Guinea-Bissau  for  the period  16 June  1995 
to  15  June  1997; 

Whereas, in order to avoid  any  interruption  in the fishing  activities of  Community  vessels, 
it  is  essential  that  the  Protocol  in  question  be  applied  as  soon  as  possible;  whereas,  for 
this  reason,  the  two  parties  have  initialled  an  Agreement  in  the  form  of  an  exchange  of 
letters  providing  for  the  provisional  application  of  the  initialled  Protocol  from  the  day 
following  the  date  of  expiry  of  the  Protocol  in  force;  whereas  that  Agreement  should  be 
approved  pending  a  final  decision  taken  on  the  basis  of  Article  43  of  the  Treaty, 

Whereas  the  allocation  of  fishing  possibilities  among  the  Member  States  should  be 
determined  on  the  basis  of  the  traditional  allocation  of  fishing  possibilities  under  the 
fisheries  agreement 

HAS  DECIDED  AS  FOLLOWS: 

ON  No  L  226,  29.  8.1980,  p.  33. 

Article  1 

The  Agreement  in  the  form  of  an  exchange  of  letters  concerning  the  provisional 
application  of  the  Protocol  establishing 
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 
for  the  period  16  June  1995  to  15  June  1997  is  hereby  approved  on  behalf  of  the 
Community. 

the  fishing  possibilities  and  the 

The  text  of  the  Agreement  is  attached  to  this  Decision. 

Article  2 

The  fishing  possibilities  provided  for  in  the  Protocol  are  allocated  among  the  Member 
States  as  follows: 

Italy: 
Portugal: 
Spain: 

3  200  GRT 
3  200  GRT 
2  400  GRT 

However,  for  the  first  year  for  which  the  Protocol  applies  the  allocation  is the  following: 

Italy: 
Portugal: 
Spain: 

3  800  GRT 
3  000  GRT 
2  000  GRT 

If  licence  applications  from  these  Member  States  do  not  exhaust  the  fishing  possibilities 
provided  for  in the Protocol  the  Commission  may  entertain  licence  applications  from  any 
other  Member  State. 

Article  3 

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

Done  at 

For  the  Council 
The  President 

? 

PROTOCOL 

establishing  the  fishing  possibilities  and the  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 for the period  16 June  1995 to 
15 June  1997 

Article 1 

For a period of  two years from  16 June  1995, the fishing  possibilities  granted pursuant 
to Article 4 of the Agreement  shall  be as follows: 

1. 

(a)  freezer  shrimp trawlers:  8 800  GRT per month, annual  average; 

(b)  freezer fin-fish and cephalopod trawlers: 4 000 GRT per month, annual average; 

2. 

freezer  tuna seiners: 26 vessels; 

3.  pole-and-line tuna vessels  and surface  longliners:  16 vessels. 

Article 2 

1.  The financial  compensation  referred to  in Article  9 of  the Agreement  shall  be,  for 
the period referred to in Article  1, ECU  10 800 000, payable in two  instalments  of 
ECU 6 000  000  in the first year and ECU 4  800  000  in the second. 

2.  If the target agreed between  the two Contracting Parties is  reached, the Community 
shall pay additional  financial  compensation of ECU  1 200  000  in the second annual 
period. 

3.  The  use  to  which  this  compensation  is  put  shall  be  the  sole  responsibility  of  the 

Government  of  the Republic  of  Guinea-Bissau. 

4.  The compensation  shall  be paid into  an account opened  with  a financial 

institution 

or any other body  designated by  Guinea-Bissau. 

Article 3 

At the request of the Community, the fishing  possibilities referred to in Article  1 (1) may 
be increased by successive instalments of  1 000 GRT per month, calculated on an annual 
average basis, if fishing resources permit. 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  150  000  towards  the  financing  of  a  Guinea-Bissau  scientific  or  technical 
programme  to  improve  information  on  the  fishery  resources  within  the  exclusive 
economic  zone  of  Guinea-Bissau  and the functioning  of the marine biology  laboratory. 

The  Guinea-Bissau  authorities  shall  forward  to the  Commission  staff  a summary  report 
on the way  that amount is used. 

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 5 

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 establishments in its 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  100 000. At the request of the Guinea-Bissau  authorities, part of this sum may  be 
used  to  cover  the  costs  of  participation  in  international  meetings  or  training  courses 
concerning  fisheries  or  the  organization  of  seminars  on  fishing  in  Guinea-Bissau.  The 
sum shall  be payable  as and when it is used. 

Article 6 

The Commission  shall  also  contribute to funding  the following  programmes: 
-  institutional  support for the Ministry  of Fisheries  (ECU  100 000), 
-  aid for small-scale  fishing  (ECU  150 000), 
-  marine surveillance  (ECU 200 000). 

The  Guinea-Bissau  authorities  shall  forward  to the Commission  staff  a summary report 
on the way  that amount is used. 

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 7 

Should the  Community  fail  to  make the payments  provided  for  in Articles  2,  4 and  6, 
the application  of this Protocol  may be suspended. 

Article 8 

The  Annex  to  the  Agreement  between  the  European  Economic  Community  and  the 
Government of 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 9 

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

It shall  apply  from  16 June  1995. 

10 

ANNEX 

CONDITIONS  GOVERNING  FISHING  BY  COMMUNITY 
VESSELS  IN  GUINEA-BISSAU'S  FISHING  ZONE 

A.  Licence  application  and  issuing  formalities 

1.  The  relevant  Community  authorities  shall  present  to  the  Ministry  of  Fisheries  of  the 
Republic  of  Guinea-Bissau,  via  the  Commission  Delegation  in  Guinea-Bissau,  an 
application  for  each  vessel  that  is to  be  used  for  fishing  under  the  Agreement,  at  least 
20  days  before  the  requested  term  of  validity  commences. 

Applications  shall  be  made  on  the  forms  provided  for 
the 
Government  of  the  Republic  of  Guinea-Bissau,  specimens  of  which  are  attached 
hereto  (Appendix  1). 

that  purpose  by 

2.  Licence  applications  shall  be  accompanied  by  proof  of  payment  of  the  fee  for  the, 
licence's  term  of  validity,  the  amount  laid  down  in  E2  below  and,  in  the  case  of 
freezer  trawlers,  a  copy  of  the  document  drawn  up  by  the  Member  State  certifying 
the  vessel's  tonnage  in  GRT.  The  fee  shall  be  paid  into  the  account  indicated  by  the 
Guinea-Bissau  authorities.  The  original  of  the  licence  shall  be  issued  to  the  master 
of  the  vessel  or  to  his  representative.  The  Delegation  of  the  Commission  of  the 
European  Communities  in  Bissau  shall  be  notified  of  each  licence  issued. 

3.  The fees  shall  include  all  national  and  local  taxes with the  exception  of port  fees  and 

charges  for  the  provision  of  services. 

4.  The  following  twelve-month  periods  shall  be  used  for  determining  the validity  of  the 

licences: 

First  year:  16  June  1995  to  15  June  1996 
Second  year:  16  June  1996  to  15  June  1997. 

No  licence  may  begin  during  the  first  period  and  end  during  the  second. 

5.  Licences  shall  be  issued  for  specific  vessels  and  shall  not  be  transferable.  However, 
at the  request  of the  Community  and  where force  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  new  licence  shall  take  effect  on  the  day  that  the  vessel's 
owner  returns  the  cancelled  licence  to  the  Ministry  of  Fisheries  of  the  Republic  of 
Guinea-Bissau.  The  Delegation  of  the  Commission  of  the  European  Communities  in 
Guinea-Bissau  shall  be  informed  of  the  licence  transfer. 

6.  Provisions  applicable  to  freezer  trawlers 

11 

6.1.  Licences  must  be  kept  on  board  at  all  times. 

6.2.  Before  licences  are  issued,  vessels  must  put  into  the  port  of  Bissau  once  in  each 
twelve-month  period  so  that the  inspection  required  under  the  current  legislation 
can  be  carried  out.  This  inspection  shall  be  carried  out  only  by  duly  authorized 
persons  and  must  take  place  within  48  working  hours  of  the  vessel's  arrival  in 
port  if  notice  of  arrival  has  been  given  at  least  48  hours  beforehand. 

Should  a  new  licence  be  allocated  in  that  same  twelve-month  period,  the  vessel 
shall  not  be  required  to  undergo  inspection.  Time  spent  in  port  for  the  purposes 
of  obtaining  a  new  licence  must  not  exceed  48  hours  and  the  costs  and  taxes 
involved  must not  exceed  ECU  60. If the licence  is not  issued  within  the  48-hour 
limit,  any  costs  arising  shall  be  borne  by  the  Ministry  of  Fisheries.  If  the  vessel 
remains  in  port  after  the  licence  is  issued,  the  shipowner  shall  bear  the  relevant 
costs  and  taxes. 

6.3.  Article 4(3)  of the  Agreement  notwithstanding,  licences shall  be issued  for  three, 

six  or  twelve  months  and  shall  be  renewable. 

6.4.  The  fees  for  trawlers  shall  be  as  follows: 

- 

in  the  case  of  twelve-month  licences: 

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. 

- 

in  the  case  of  six-month  licences: 

ECU  97  per  GRT  per  year  for  fin-fish  trawlers; 
ECU  108  per  GRT  per  year  for  cephalopod  trawlers; 
ECU  137  per  GRT  per  year  for  shrimp  trawlers. 

in  the  case  of  three-month  licences: 

ECU  50  per  GRT  per  year  for  fin-fish  trawlers; 
ECU  55  per  GRT  per  year  for  cephalopod  trawlers; 
ECU  70  per  GRT  per  year  for  shrimp  trawlers. 

7.  Provisions  applicable  to  tuna  vessels  and  surface  longliners 

7.1.  Licences  must  be  kept  on  board  at  all times.  However,  once  the  Commisson  of 
the  European  Communities  has  informed  the  Guinea-Bissau  authorities  that  the 
advance  payment  has  been  made,  they  shall  enter  the  vessel  in  question  in  the 
to  fish  that  is  sent  to  the  Guinea-Bissau 
register  of  vessels  authorized 

12 

surveillance  authorities.  Pending  receipt  of  the  original  of  the  licence,  a  copy 
of  the  licence  drawn  up  may  be  sent  by  fax  for  keeping  on  board. 

7.2.  Licences  shall  cover  twelve-month  periods. The  fees  shall  be ECU  20 per  tonne 

per  year  caught  within  Guinea-Bissau's  fishing  zone. 

7.3.  Licences  shall  be  issued  following  payment  to  the  Ministry  of  Fisheries  of  a 
lump  sum  of  ECU  1 500  per  twelve  months  for  each  tuna  seiner  and  ECU  300 
per  twelve  months  for  each  pole-and-line  tuna  vessel  and  surface  longliner, 
covering  the  fees  for: 

-  75  tonnes  of  tuna  caught  per  year  in  the  case  of  seiners, 
-  15 tonnes  caught per year  in the case of pole-and-line  tuna vessels  and  surface 
longliners. 

7.4.  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  data  (Orstom  and  IEO  -
forwarded 
Spanish  Institute  of  Oceanography).  The  statement  shall  be 
simultaneously  to  the  Ministry  of  Fisheries  and  to  the  shipowners.  Any 
additional  charges  shall  be  paid  by  the  shipowners  to  the  ^Guinea-Bissau 
Ministry  of  Fisheries  of  by  31 May  of  the  following  year  at  the  latest,  into  the 
account  referred  to  in  A.2  above.  However,  if  the  final  statement  is  lower  than 
the  abovementioned  amount,  the  resulting  balance  shall  not  be  reimbursed. 

B.  Statements  of  catch 

All  Community  vessels  authorized  under the Agreement to  fish  in Guinea-Bissau's  fishing 
zone  are  required  to  forward  a  statement  of  their  catches  to  the  Ministry  of  Fisheries, 
with  a  copy  to  the  Delegation  of  the  Commission  of  the  European  Communities  in 
Guinea-Bissau,  in  accordance  with  the  following  : 

-  for  trawlers,  a  statement  of  catch  shall  be  made  out  according  to  the  specimen 
annexed  hereto  (Appendix  2). Statements  of  catch  shall  be  drawn  up  each  month  and 
presented  at  least  once  each  quarter, 

in  accordance  with  Appendix  3,  for  each  fishing  period  spent 

- for  tuna  seiners, pole-and-line tuna vessels  and  surface  longliners, a fishing  log  shall 
in 
be  kept, 
Guinea-Bissau's  fishing  zone.  The  form  must  be  sent,  within  45  days  of  the  end  of 
the  fishing  period  spent  in  the  Guinea-Bissau  fishing  zone,  to  the  Ministry  of 
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. 

13 

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-catches 

1.  Fin-fish  trawlers may not hold on board crustaceans representing more than  10 % of 

their total  catch in the Guinea-Bissau  fishing  zone. 

Cephalopod trawlers may not hold on board crustaceans representing more than  5% 
or fish representing more than 30 % of their total catch in the Guinea-Bissau  fishing 
zone. 

2.  Pole-and-line tuna vessels shall be authorized to fish for live bait in order to carry out 

their fishing  activities  in the Guinea-Bissau fishing  zone. 

D.  Signing-on of seamen 

Owners who have been  issued  fishing  licences  under the Agreement  shall  contribute to 
the practical vocational training of Guinea-Bissau nationals, subject to the conditions and 
limits set out below: 

1.  Each trawler owner shall  undertake to employ: 

three seamen/fishermen  on vessels  of up to 300 GRT, 
four seamen/fishermen  on vessels of 300 to 400 GRT, 
five  seamen/fishermen  on vessels of more than 400 GRT; 

However,  Community  shipowners  shall  strive  to  increase  the  complement  of 
Guinea-Bissau  seamen  signed on to 33% of the non-officer  staff  engaged in fishing 
activities. 

2.  Owners  of  tuna  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  seamen  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 Ministry 
of Fisheries; the wages shall be borne by the shipowners and  must include the social 
security  contributions  to  which  the  seaman  is  subject (including  life  insurance and 
accident  and sickness insurance). 

14 

Should  the  seamen  not  be  signed  on,  owners  of  tuna  seiners,  pole-and-line  tuna 
vessels  and  surface  longliners  shall  be  obliged  td  pay  a  lump  sum  equivalent  to  the 
wages  of  seamen  not  signed  on  for  the  fishing  period. 

This  sum  shall  be  used  for  the  training  of  seamen/fishermen  in  Guinea-Bissau  and 
shall  be  paid  into  an  account  specified  by  the  Guinea-Bissau  authorities. 

E.  Observers  on  board 

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  to  carry  out  his  duties.  The  master  of  the vessel  shall  facilitate  the  work  of 
the  observer,  who  shall  be  accorded  the  conditions  enjoyed  by  officers  of  the  vessel. 
The  salary  and  the  social  security  contributions  of  the  observer  shall  be  borne  by  the 
Government  of  Guinea-Bissau. 

Should  the  observer  be  taken  on  board  in  a foreign  port,  his  travelling  costs  shall  be 
borne  by  the  shipowner.  Should  a  vessel  with  an  observer  from  Guinea-Bissau  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.  All  trawlers  shall  take  on  board  an  observer  designated  by  the  Ministry  of  Fisheries. 
As  a contribution  to the  costs  arising  from  the presence of the observer  on  board,  the 
shipowner  shall  pay  the  Guinea-Bissau  authorities at the  same  time  as the  licence  fee 
the  sum  of  ECU  4  per  GRT  per  year  pro  rata  temporis  per  vessel  fishing  in 
Guinea-Bissau  waters 

3.  Tuna  vessels  and  surface  longliners  shall  take  an  observer  on  board  at  the  request  of 

the  Ministry  of  Fisheries. 

In  such  cases,  the  port  of  embarkation  shall  be  determined  by  mutual  agreement 
between  the  Ministry  of  Fisheries  and  the  shipowners  or  their  representatives. 

F. 

Inspection  and  monitoring 

Community  vessels fishing  in Guinea-Bissau's fishing  zone shall permit and assist any 
official  of  Guinea-Bissau  responsible  for  inspection  and  monitoring  to  board  the 
vessel  and  carry  out  his  duties  on  board.  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. 

G.  Fishing  zones 

15 

Freezer trawlers as referred to in Article  1 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)  50 mm for  cephalopod vessels; 
(c) 40  mm for  shrimp vessels; 
(d)  16 mm for fishing  for live bait. 

Outrigger fishing shall  be authorized. 

I.  Entering and leaving the zone 

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

In cases where this radio communication cannot be used, vessels may use  alternative 
means, such as telex, telegram or telefax  (No  20  11  57, 20  19 57, 20  16 84). 

J.  Procedure in case of boarding 

The authorities of the Commission  of the European Communities in  Guinea-Bissau 
shall be notified  within 48  hours of  any fishing  vessel  flying  the  flag  of  a Member 
State of the Community  boarded within the Guinea-Bissau fishing  zone and shall at 
the same time receive a summary report of the circumstances and reasons leading to 
the boarding. 

Before  any judicial  proceedings  are initiated, an attempt shall be  made to settle the 
alleged  infringement  through  an  administrative  procedure.  This  procedure  shall  be 
completed 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  set  a bank  security  within 
48 hours of completion of the administrative procedure pending the judicial decision. 
The  security  shall  not  exceed  the  maximum  fine  provided  for  under  national 
legislation  in respect of the alleged  infringement. 

The bank security shall be released by the competent authority once the master of the 
vessel  has been  acquitted by  the judicial  decision. 

16 

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. 

17 

Appendix  1 

APPLICATION  FORM 
FORA 
FISHING  LICENCE 

For official  use only 

Remarks 

Nationality: 

' 

Licence No: 

Date of  signing: 

Date  of  issue: 

: ..  . 

M 

APPLICANT 

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: 

Registration  No: 

..-

Former name: 

„ 

Date  and  place  of  construction: 

., 

Original  nationality: 

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: 

Call  frequency: 

List of  sounding,  navigating  and  transmission  instruments: 

Radar 

I 

| 

Sonar 

| 

| 

Netsonde 

| 

| 

SSB 

I—1 
I  J 

Netsonde  satellite 
navigation 

i—i 
| 

|  Other 

•

No  of  seamen: 

IT 

CONSERVATION 

Packed  in  ice 

I  1 
| 
| 

Ice and 
refrigeration 

. 
| 

Freezing  in brine 

| 

| 

Dry 

| 

. 
| 

| 

Total  refrigerating  power: 

Freezing capacity  in  tonnes/24  hours: 

Hold  capacity: 

Refrigerated  sea  water 

| 

| 

TYPE OF  FISHING 

A.  Demersal 

Inshore  demersal 

| 

| 

Deep-sea  demersal  • 

Type of  trawl: 
Cephalopods 

| 

| 

Shrimps 

| 

j 

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 

Seine 

No  of  tanks: 

C.  Longlines  and  pots 

Surface 

| 

| 

Length  of  lines: 

No  of  lines: 

No  of  pots: 

No  of  poles  and  lines 

|_ 

| 

Length  of  net: 

Depth  of  net: 

Capacity  in  tonnes: 

Bottom 

| 

| 

No  of  hooks: 

7JO> 

SHORE  INSTALLATIONS 

Address  and  permit  No:  ..... 

Name  of  firm: 

Activities: 

Domestic  wholesale  fish  trade 

| 

| 

Export 

| 

| 

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  Ministry 

£ 2-

MINISTRY  FOR  FISHERIES 

STATISTICS  ON  CATCH  AND  ACTIVITY 

Appendix  2 

Name  of  vessel: 

Nationality  (flag): 

Engine  rating: 

Gross  registered  tonnage: 

Date 

Longitude 

Latitude 

Fishing  zone 

Number of 
fishing  operations 

Number  of 
fishing  hours 

Month: 

Year: 

Fishing  method: 

Port  of  landing: 

Species  of  fish 

Totals 

a 

1/ 

11 
J' 
4/ 

5/ 

6/ 

11 

8/ 

9/ 

10/ 

11/ 

12/ 

13/ 
14/ 

15/ 

16/ 

17/ 

18/ 

19/ 

20/ 

2 1/ 

22/ 

23/ 

24/ 

25/ 

26/ 

27/ 

28/ 

29/ 

30/ 

31/ 

TOTAL 

t 

Gross  tons: 

Capacity  (TM):  . 

Captain: 

No of  crew: 

Reporting date: 

Reported: 

Appendix  3 

TUNA  BOATS  FISHING  LOG BOOK 

Month  Day  Year 

Port 

Boat  LEFT: 
Boat 
RETURNED: 

No of  days 
at  sea: 

Catches 

No  Of 
fishing days: 
No of 
sets made: 

Trip 
number 

Fishing  modalities 

D  Longllne 
D  Bait  boat 
D  Purse seiner 
D  Trawling 
D  Others  • 

Bfuefln tuna 
Thunnus 
maccoyl 

Yellowfln  tuna 
Thunnus 
albacares 

BIgeye  tuna 
Thunnus 
obesus 

Albacore 
Thunnus 
alalunga 

Swordfish 
Xlphlas 
gladlus 

White  marlin 
Tetraptunus 
audax 

Black  marlin 
Makalra 
Indice 

Sailfish 
Istlophorus 
spp. 

Skipjack 
Katsuwonus 
pelamts 

Miscellaneous 
fishes 

Daily 
total 

No 

kg 

No 

kg 

No 

kfl 

No 

kg 

No 

kg 

No 

kg 

No 

kg 

No 

kg 

No 

kg 

No 

kg 

No 

kg 

Bait  used 

3 

3 

i 
m 
> 

2 
c 
O 

Vessel  name: 

Flag country: 

Registration  No: 

Company  of  owner 

Address: 

Dates 

Area 

C 

o 
z 
| 

i 

Lati 
tude 
Nor S 

Longi 
tude 
EorW 

Ù 
0 
Ç 

S  3 

II 

3 

1 
S 1 
I! 

U JZ 

tv> 

Landing  weight  (in  kg) 

* 

-

1 

1 

FINANCIAL  STATEMENT 

1.  TITLE  OF  OPERATION: 

New  financial  Protocol  EC/Guinea-Bissau 

2.  BUDGET  HEADING  INVOLVED: 

B7-800 

'3.  LEGAL  BASIS: 

EC/Guinea-Bissau  Agreement 
Council  Regulation  (EEC)  No  2213/80  (OJ  No  L 
226,  29.8.1980) 

4.  DESCRIPTION  OF  OPERATION 

4.1  General  objective 

Protocol  and  Annex  for  a  two-year  period 

4.2  Period  covered  and  arrangements  for  renewal  or  extension 

16  June  1995  to  15  June  1997 

Arrangements  for  renewal  by  negotiations  before  the  Protocol  expires. 

5.  Classification  of  expenditure  or  revenue 

5.1  Compulsorv/Non-compulsorv  expenditure 

5.2  Differentiated/Non-differentiated  appropriations 

5.3  Type  of  revenue  involved 

6.  Type  of  expenditure  or  revenue 

-  100%  subsidy 

Subsidy  for  joint  financing  with  other  sources  in  the  public  and/or  private 
sector 

-  Interest  subsidy 

- Other:  Financial  compensation  to  a  third  country  in  exchange  for  fishing 

opportunities granted by it and laid down in the Protocol. 

Should the operation prove an economic success,  is there provision for  all or 
part of the Community contribution to be  reimbursed? 
Will the proposed operation cause any change in the level of revenue? If so, 
what sort of change and what type of revenue is involved? 

& 

7.  FINANCIAL  IMPACT 

7.1  Method  of  calculating  total  cost  of  operation  (definition  of  unit costs) 

7.2 

Itemised  breakdown  of  cost 

Breakdown 

Budget  year n 
1995 

n  +  1 
1996 

n  +  2  1997 

n  +  5 and 
subs,  yrs 

TOTAL 

6  350  000 
current  ECUs 

5  150 000 
current  ECUs 

1 200  000 
current  ECUs 

12 700 000 
current  ECUs 

State  whether  the  amounts  are  expressed  in  current  ecus  or  constant  ecus  (give  base 
year). 

(For  the preliminary  draft  budget,  fill  in  only  the columns  "budget  n"  and  "n  +  1") 

7.3  Schedule  for  proposed  new  operation 

n 
1995 

n  +  1 
1996 

n +  2 
1997 

n  +  5 and 
subs,  yrs 

TOTAL 

Commitment 
appropriations 

ECU 
(current) 
6  350  000 

ECU 
(current) 
5  150 000 

ECU 
(current) 
1 200  000 

ECU 
(current) 
12 700 000 

Payment  appropriations 

n  1995 

n  +  1  1996 

n  +  2  1997 

n  +  5 and  subs, 
yrs 

TOTAL 

ECU 
(current) 
6  350  000 

ECU 
(current) 
5  150 000 

ECU 
(current) 
1 200  000 

ECU 
(current) 
6  350  000 

ECU 
(current) 
5  150 000 

ECU 
(current) 
1 200  000 

ECU  (current) 
12 700 000  ^ 

State whether the amounts are expressed in current ecus or constant ecus (give base year). 

ff 

ISSN 0254-1475 

COM(95) 427 final 

DOCUMENTS 

EN 

03  11 

Catalogue number  : CB-CO-95-466-EN-C 

ISBN 92-77-93358-5 

Office  for Official Publications of the European Communities 

L-2985 Luxembourg