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 from 1 January 1996 to 31 December 1997, 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: 1996-03-20
Institutions: European Commission
Subjects: Guinea, deep-sea fishing, financial compensation of an agreement, financial protocol, fishing agreement, fishing rights

* 

it 

COMMISSION OF THE EUROPEAN  COMMUNITIES 

Brussels, 20.03.1996 
COM(96)  111  final 

96/0084  (CNS) 

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  from  1 January  1996 
to  31 December  1997, 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 

Proposal  for a 

rOTINCTL  REGULATION (EC) 

on  the conclusion  of the Protocol  establishing,  for the period  1 January  1996 to 
31  December  1997, 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 

(presented  by the Commission) 

EXPLANATORY  MEMORANDUM 

The  Protocol  annexed  to  the  fisheries  agreement  between  the  European  Community  and 
the Republic  of  Guinea  expired  on  31  December  1995. A new Protocol  was  initialled  by 
the  two  parties  on  6  December  1995  establishing  the  technical  and  financial  conditions 
under  which  Community  fishing  vessels  can  fish  in  Guinea  waters  in  the  period  1 
January  1996  to  31  December  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  1 January  1996  to  31  January  1997. 

COUNCIL  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  1996 
to  31  December  1997,  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 

THE  COUNCIL  OF  THE  EUROPEAN  UNION, 

Having  regard to  the  Treaty  establishing  the European  Community, 

Having  regard to  the  Agreement  between  the  European  Community  and the  Government  of  the 
Republic  of  Guinea  on  fishing  off  the  Guinean  coast,  and  in  particular  Article  15  thereof  ('), 

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  the  these  negotiations,  a new  Protocol  was  initialled  on  6  December 
1995; 

Whereas,  under  that Protocol,  Community  fishermen  have  fishing  rights  in  the  waters  under the 
sovereignty  or jurisdiction  of  the  Republic  of  Guinea  for  the  period  from  1 January  1996  to 
31  December  1997; 

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  letters  providing  for  the 
provisional  application  of  the  initialled  Protocol  from  the  day  following  the  date  of  expiry  of  the 
current  Protocol; 

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

HAS  DECIDED  AS  FOLLOWS: 

Article 1 

The  Agreement  in  the  form  of  an  exchange  of  letters  concerning  the  provisional  application  of 
the Protocol  establishing,  for  the  period  from  1 January  1996  to  31  December  1997,  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 

OJ NoL  111,  27.4.1983,  p.1. 

A:  ;eby  approved  on  behalf  of  the  Community. 

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  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  Luxembourg. 

For the  Council 

! 
The  President 

AGREEMENT IN THE FORM OF AN EXCHANGE OF LETTERS CONCERNING THE 
PROVISIONAL APPLICATION OF THE PROTOCOL ESTABLISHING, FOR THE PERIOD FROM 
1 JANUARY 1996 TO 31 DECEMBER 1997, 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 

A. Letter from the Government of the Republic of Guinea 

Sir, 

With reference to the Protocol initialled on 6 December 1995, 
establishing fishing rights and financial compensation for the period 
from 1 January 1996 to 31 December 1997, 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 1996, pending 
its entry into force in accordance with Article 9 of the said Protocol, 
provided that the European Community is disposed 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 paid by 31 May 
1996. 

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

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

For the Government of the Republic of Guinea 

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 6 December 1995, 
establishing fishing rights and financial compensation for the period 
from 1 January 1996 to 31 December 1997, 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 1996, pending 
its entry into force in accordance with Article 9 of the said Protocol, 
provided that the European Community is disposed 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 paid by 31 May 
1996. 

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

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. 

On bnfenlf of  thm Council  thm tvrqnnen Onion 

5 

Proposal  for a 

COUNCIL REGULATION (EC) 

on the  conclusion  of  the Protocol  establishing, for the period  1 January  1996 to 
31 December  1997, 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 thé Guinean  coast 

THE COUNCIL OF THE EUROPEAN UNION, 

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

Having  regard  to the proposal  from  the  Commission, 

Having  regard  to the opinion  of the European Parliament,1 

Whereas  pursuant  to  the  Agreement  between  the  European  Community  and  the 
Government of the Republic of Guinea on fishing off the Guinean coast,2 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  1 
January  1996  to  31  December  1997,  the  fishing  rights  and  financial  compensation 
provided  for  in  the  abovementioned  Agreement  was initialled  on  6 December  1995; 

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  1  January  1996  to  31  December  1997,  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. 

i 

2 

O J No 
O J N oL  111,27.  4.  1983, p.  1. 

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  its publication  in  the 
Official  Journal  of  the European  Communities. This Regulation shall  be binding  in its 
entirety  and directly  applicable in all Member States. 

Done at 

For the Council 
The President 

PROTOCOL 

establishing,  for  the  period  from  1 January  1996  to  31  December  1997,  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 

Article  1 

For  a period  of two years  from  1 January  1996, the  fishing  rights  granted  under Article  2 
of  the  Agreement  shall  be  as  follows: 

1. trawlers  (fin-fish,  cephalopods  and  shrimp):  5  000  grt  a  month,  annual  average; 
2.  freezer  tuna  seiners:  28  vessels; 
3.  pole-and-line  tuna  vessels:  7  vessels; 
4.  surface  longliners:  7  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  2  450  000,  payable  in  two  annual  instalments  of 
ECU  1  150  000  and  ECU  1 300  000  respectively. 

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

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

.i 

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. 

Article  4 

The  Community  shall  also  contribute  during  the  period  referred  to  in  Article  1 the  sum 
of  ECU  400  000  towards  the  financing  of  a  Guinean  scientific  or  technical  programme 
to  improve  information  on  the  fishery  resources  within  the  exclusive  economic  zone  of 
Guinea. 

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

y 

Article  5 

The  two  Parties  agree  that  improving  the  skills  and  knowledge  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  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. 
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  250  000.  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  in  Guinea.  The  sum  shall  be  payable  as  and  when  it 
is  used. 

A  proportion  of  the  funds  provided  for  in  this  article,  which  shall  not  exceed 
ECU  100  000,  may  be  used  to  pay  Guinea's  contributions  to  international  fisheries 
organizations. 

Article  6 

The  Community  shall  also  contribute  to  the  financing  of  programmes  as  follows: 

ECU  350  000  in  aid  for  fisheries  surveillance  bodies; 
ECU  300  000  in  institutional  aid  for  the  Ministry  for  Fisheries; 
ECU  250  000  in  aid  for  non-industrial  fishing. 

These  funds  shall  be  made  available  to  the  bodies  concerned.  The  ministry  shall 
communicate  the  bank  accounts  to  which  payment  is  to  be  made. 

Article  7 

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

Article  8 

The Annex  to 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  9 

This  Protocol  shall  enter  into  force  on  the  date  on  which  it  is  signed.  It  shall  be 
applicable  from  1 January  1996. 

ANNEX 

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

A.  Licence  application  and  issuing  formalities 

The  relevant  Community  authorities  shall  present  to  the  fisheries  ministry  via  the 
Delegation  of  the  Commission  of  the  European  Communities  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  fisheries 
ministry,  a  specimen  of  which  is  attached  hereto  (Annex  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 fisheries  ministry  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 proven  and  at  the  request of  the European  Community,  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  fisheries  ministry  via  the  Delegation  of  the  Commission  of  the  European 
Communities. 

The  new  licence  shall  indicate: 

-  the  date  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. 

The  licence  must  be  held  on  board  at  all  times. 

4 

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  nationality,  established  in 
Guinea. 

3. 

(a)  Licences  shall  be  issued  for  periods  of  three,  six  and  twelve  months  and  be 
renewable. 

(b)  The  fees  to  be  paid  by  shipowners,  expressed  in  ECU/gross  registered  tonne, 
shall  be  as  follows. 

for  annual  licences: 

126  for  fin-fish  trawlers, 
150  for  cephalopod  trawlers, 
152  for  shrimp  trawlers. 

for  six-month  licences: 

65  for  fin-fish  trawlers, 
77  for  cephalopod  trawlers, 
78  for  shrimp  trawlers. 

for  three-month  licences: 

33  for  fin-fish  trawlers, 
39  for  cephalopod  trawlers, 
40  for  shrimp  trawlers. 

However,  vessels  failing  to  land  200  kg  of  fish  per  grt  per  year  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  surface  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  fisheries  ministry  of  a  lump  sum 
of ECU  1 500 a year  for  each tuna seiner and ECU 300 a year for  each  pole-and-Iine tuna 
vessel  and  surface  longliner,  equivalent  to  the  fees  for: 

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

41 

-  15  tonnes  caught  per  year  in  the  case  of  pole-and-line  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  for  each  vessel  and  confirmed  by  the  scientific  institutes 
competent  to  verify  catch  data,  such  as  the  French  Office  of  Overseas  Scientific  and 
Technical  Research  (Orstom)  and  the  Spanish  Institute  of  Oceanography  (IEO).  The 
statement  shall  be  forwarded  to  the  fisheries  ministry  and  to  the  shipowners  at  the  same 
time.  Any  additional  payment  due  shall  be  made  by  the  shipowners  to  the  fisheries 
ministry  no  later  than  30  days  after  notification  of the  final  statement,  to be  paid  into  the 
account  opened  with  the  Public  Treasury  of  Guinea. 

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's  waters  under  the  Agreement  a 
statement  of  their  catch  must  be  provided  to  the  fisheries  ministry,  with  a  copy  to  the 
Delegation  of  the  Commission  of  the  European  Communities  in  Guinea,  in  accordance 
with  the  procedures  set  out  below: 

-  for  trawlers  a  statement  shall  be  made  out  according  to  the  specimen  annexed  hereto 
(Annex  2).  The  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  Annex  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 
Guinean  fishing  zone,  to  the  fisheries  ministry  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  fisheries  ministry  reserves  the  right  to 
suspend  the  licence  of  the  offending  vessel  until  the  formality  has  been  complied  with. 
In  this  case, the  Delegation  of  the  Commission  of  the European  Communities  in  Guinea 
shall  be  informed. 

C.  Landing  of  catch 

Trawlers  authorized  to  fish  in  the  Guinea  fishing  zone  shall,  in  order  to  make 
a 
contribution  towards supplying the local population  with fish caught in the Guinea  fishing 
zone,  be  obliged  to  land  200  kg  of  fish  per  grt  per  year  free  of  charge. 

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

M 

D.  By-catch 

1. Fin-fish  trawlers  may  not hold  on  board species other than  fish  representing  more  than 
15%  of  their  total  catch  in  the  Guinea  fishing  zone. 
Cephalopod  trawlers  may  not  hold  on  board  crustaceans  representing  more  than  20%  or 
fish  representing  more  than  30%  of  their  total  catch  in  the  Guinea  fishing  zone. 
Shrimp  trawlers  may  not  hold  on  board  cephalopods  representing  more  than  25% or  fish 
representing  more  than  50% of  their  total  catch  in  the  Guinea  fishing  zone. 

A  maximum  tolerance  of  5%  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. 

E.  Signing-on  of  seamen 

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

(1)  Each  trawler  owner  shall  undertake  to  employ: 

-  three  Guinean  seamen  on  vessels  of  up  to  350  grt, 

-  a  number  of  Guinean  seamen  equivalent  to  25% of  the  number  of  seamen/fishermen 
signed  on  for  vessels  with  a  tonnage  greater  than  350  grt. 

(2)  For  the  fleet  of  tuna  seiners,  three  Guinean  seamen  shall  be  signed  on  permanently. 

(3) For  the  fleet  of pole-and-line  tuna vessels, three Guinea seamen  shall  be signed on  for 
the tuna-fishing  season  in the Guinean  fishing  zone, all of them to be assigned to  different 
vessels. 

(4)  For  the  fleet  of  surface  longliners, the  shipowners  undertake  to  employ  two  Guinean 
seamen  per  vessel  during  the  fishing  season  in  Guinean  waters. 

(5)  The  wages  of  these  Guinean  seamen  shall  be  fixed,  before  licences  are  issued,  by 
mutual  agreement  between  the  shipowners  or  their  representatives  and  the  fisheries 
ministry;  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  the  fisheries  ministry  a  lump  sum 
equivalent  to  the  wages  of  seamen  not  signed  on  in  accordance  with  the  provisions  of 
points  2,  3  and  4. 

This  sum  will  be  used  for  the  training  of  seamen/fishermen  in  Guinea  and  is  to  be  paid 
into  an  account  specified  by  the  fisheries  ministry. 

43 

F.  Observers 

1. The  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  weekly  radio  communication  of  fishing  data. 

2.  Each  trawler  shall  take  on  board  an  observer  appointed  by  the  fisheries  ministry. 

In  the  case  of  trawlers  of  less  than  200  grt,  however,  a  fisherman  designated  by  the 
fisheries  ministry  shall  act  as  observer,  in  which  case  the  master  of  the  vessel  shall 
facilitate  the  work  of  this  seaman  outside  the  actual  fishing  operations. 

Observers  shall  not  normally  remain  on  board  for  more  than  two  trips. 

3.  Tuna  vessels  and  surface  longliners  shall  take  an  observer  on  board  at  the  request  of 
fisheries  ministry.  He  must  not  remain  on  board  any  longer  than  is  necessary  for  the 
accomplishment  of  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. 

Should  observers  be  taken  on  board  in  foreign  ports, their  travelling  costs shall  be  borne 
by  the  shipowner. 

4. The pay  and  social  insurance  contributions  of observers  shall  be borne by  the  fisheries 
ministry. 

In  the  case  of  trawlers,  shipowners  shall  pay  to  the  "Centre  National  de  Surveillance  de 
Pêches"  (CNSP)  ECU  10  for  each  day  spent  on  board  by  an  observer  as  a  contribution 
to  the  expenses  arising  from  their  presence  on  board. 

5.  Should  a  vessel  with  an  observer  on  board  leave  the  Guinean  fishing  zone,  all 
measures  must  be  taken  to  ensure  the  observer's  return  to  Conakry  as  soon  as  possible 
at  the  expense  of  the  shipowner. 

G  Inspection  and  monitoring 

Any  Community  vessel  fishing  in  Guinea's  zone  shall  allow  on  board  any  official  of 
Guinea  responsible  for 
the 
accomplishment  of  his  duties.  This  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. 

inspection  and  monitoring  and  shall  assist  him 

in 

H.  Fishing  zones 

All  the vessels referred  to  in  Article  1 of the Protocol  shall  be authorized  to  fish  in  waters 
beyond  10  nautical  miles. 

I.  Minimum  meshes  authorized 

St 

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

(a)  40  mm  for  shrimps; 
(b)  50  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. 

Fishing  with  outriggers  shall  be  authorized. 

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 CNSP  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  CNSP  at  the  time  the  licence  is  issued. 

In  cases  where  this  radio  communication  cannot  be  used,  vessels  may  use  alternative 
means,  such  as  fax  (CNSP:  1-212-4794-885,  the  fisheries  ministry:  224-413523). 

K.  Boarding  of  vessels 

1. The  Delegation  of  the  Commission  of  the  European  Communities  in  Guinea  shall  be 
notified  within  48  hours  of  any  boarding  within  the  Guinean  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  Community  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  abovementioned  information,  between  the  Delegation  of  the  Commission 
of  the  European  Communities,  the  fisheries  ministry  and  the  inspection  authorities, 
possibly  attended  by  a  representative  of  the  Member  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  the  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. 

•15 

3.  Before  any  judicial  procedure,  an  attempt  shall  be  made  to  resolve  the  presumed 
infringement  through  a  compromise  procedure.  This  procedure  shall  end  no  later  than 
three  working  days  after  the  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.  The  amount 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). 

* 

•\  / > / » / • ' ! < / /» 

/ 

APPLICATION  FORM 
FORA 
FISHING  LICENCE 

I..,  oil,,,..!  ,,sc  or.lv 

Ki  mark\ 

Nationality 

licence  No: 

Date  of  si^mn}; 

D.IIC  <)t  («.sue: 

A I TI 

I C A NI 

N a me  of  ( i n n: 

T r a de  remisier  No 

I  usl  n.ime  .Hid  s u r n a me  ol  applicant 

I).Hi-  Hid  pi.ICC  i ll  b l l t ll 

O c c u p a t i on 

Address 

No  ol  employees 

N a me  .jnd  . u l d r t ss  ol  co  signatory 

VESSII 

Typc  of  vessel: 

N ew  n a m e: 

Date  and  place  of  c o n s t r u c t i on 

O r i g i n al  n a t i o n a l i ty 

R e g i s t r a t i on  N< 

Former  name: 

I  ength 

Beam 

H o ld 

Gross  tonnage. 

Net  tonnage 

I  ypc  ol  b u i l d i ng  n i . i t e n . i ls 

M a ke  of  m am  engine 

1  \ pe 

Rating. 

Propeller 

laved 

LJ 

V a r i a b le 

L 

>IK led 

I 

I  raiiMi  speed1 

C a ll  Slgll 

( 

.ill 

ll'Ci|UCIH  \ 

1 ISI ol  s o u n d i n g,  n a v i g a t i ng  and  ir.nisiiiissioii  instruments. 

R.ul.n 

L .J 

Son.i, 

1 .1 

Ncisonde 

L 

j 

V I II 

S Sb 

N c i s i m dc  satellite 
ll.lvi.-.Hion 

I 
I 

i 
I 

O i l, 

4 

CONSERVATION 

•

Ice  ami 
re Inge ran» »« 

f~~~\ 
| 
I 

Ircc/.ing  in'brine 

I 

I 

Dry 

I 

J 

Kclrigt-i.ticd  se.i  v\atjei 

[ 

] 

Total  rcfrigcr.itnig  power: 

I rec/ing  capacity  in  tonnes/24  hours 

Hold  capactt y 

I  Y PI  Ol  IISHIiNK, 

A  Demersal 

Inshore  demersal 

I 

I 

Deep-sea  demersal 

1  I 

Type  of  trawl: 

Cephalopods 

|  J 

Shrimps 

| 

| 

hsh 

I 

I 

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 

| 

| 

No  of  poles  and  lines 

|  1 

Seine 

I 

I 

Length  of  net: 

Depth  of  net 

No  of  tanks: 

Capacitv  m tonnes 

C 

l.onglincs  and  pots 

Surface 

L .J 

I  cngth  of  lines. 

No  of  lines 

No  id  pots: 

. 

Bottom 

I.  J 

No  ol  hooks 

fl 

SHORi:  INSTALLA  I IONS 

Address  and  pennu  No 

Name  of  firm 

Activities 

'..... 

Domestic  wholesale  fish  trade 

I 

I 

I.vport 

I  I 

Type  ami  No  ol  wholesale  trader's  card: 

. 

Description  of  processing  and  conscivation  plant 

No  of  employees 

N/J:  Indicate  alfuin.iiive  answers  by  a  lick  m  ihe  appropriai»-  box. 

D 

>l <f<îtmrtiuiTf e<tKt*fc s 

Aui»u>ruation of the  M i n i s t ry  f or  F i s h e r i es 

OFFICE  OF  THE  SECRETARY  OF  STATE 
FOR  FISHERIES 

Name  of  vessel: 

Nationality  (flag): 

Appendix  2 

S T A T I S T I CS  ON  C A T CH  A ND  A C T I V I TY 

Engine  rating: 

Gross  registered  tonnage: 

Wishing  j o nc 

Longitude 

Latitude 

| 

Number  ol 
fi>hing  o p r r j n o ns 

N u m b er  ol 
fishing  hours 

N'ont 

Y e ar 

Fish:ng  method: 

Per:  of  landing: 

Species  of  fish 

"t" 

*f 

13-

13 

FINANCIAL  STATEMENT 

1. 

2. 

3. 

TITLE  OF  OPERATION:  New  financial  Protocol  EC/Guinea 

BUDGET  HEADING  INVOLVED: B7-800 

LEGAL  BASIS:Treaty  art.43, in conjunction  with art.228(2)  and (3) first subpar. 

EC/Guinea  Agreement (OJ No L  111,  27.4.1983) 

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: 

1 January  1996 to 31 December 1997 

Arrangements  for  renewal  by negotiations before the Protocol  expires. 

5. 

Classification  of expenditure  or revenue 

5.1  Compulsory 

5.2  Differentiated 

6. 

Type  of expenditure  or  revenue 

-  Other: 

Financial  compensation  to  a  third  country  in  exchange  for  fishing 
opportunities  granted by it and laid down in the Protocol. 

7. 

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

see complement  to the Protocol 
Itemised  breakdown  of cost 

7.2 

Breakdown 

1996 

1997 

1.150.000 
400.000 
250.000 
900.000 
!..  700.000 

1.300.000 

1.300.000 

TOTAL 

current ECUs 

TOTAL 

2.450.000 
400.000 
250.000 
900.000 
4.000.000 

olH 

7.3  Schedule  for proposed  new operation 

1996 

1997 

2.700.000 

1.300.000 

Commitment 
appropriations 

Payment appropriations 

1996 

1997 

2.000.000 

2.000.000 

,  ' 

current  ECUs 

TOTAL 

4.000.000 

2.000.000 

2.000.000 

TOTAL 

2.000.000 

2.000.000 

4.000.000 

8.  FRAUD  PREVENTION  MEASURES;  RESULTS  OF MEASURES TAKEN: 

Since  the  financial  contributions  are  made  by  the  Community  in  direct  exchange  for  the  fishing  possibilities 
offered,  the  third  country  uses  them  for  whatever  end  it  chooses.  The  exception  to  this  rule  is  the  case  of 
programmes, such as the scientific  programmes, where under the dispositions of the Agreement,  Mauritania will 
furnish  reports  to the  Community. 

In addition,  the Member States whose vessels operate under  this Agreement  must certify  to the Commission  the 
exactitude  of  the  data  indicated  in  the  tonnage  certificates  of  the  vessels  so  that  the  licence  fees  may  be 
calculated  on  a  guaranteed  basis.  To 
for 
Community  vessels. 

includes  catch  declarations 

the  Agreement 

that  end, 

9.  ELEMENTS  OF COST-EFFECTIVENESS  ANALYSIS: 

In terms of the benefits  of this agreement,  it is clear  that the value of the catches of the main  commercial  species  far 
exceeds the cost of 4.0  MECU. 
In addition  to  the  direct  commercial  value  of  the catches  of  the  vessels  concerned,  there  are  the  following  evident 
benefits  from  this  Agreement: 

guaranteed  employment  aboard  the fishing vessels; 

multiplier employment effect  in the ports, auctions rooms, processing factories, shipyards, service industries, etc.; 

these employment  opportunities  are in  regions where no other opportunities  are available; 

contribution  to the supply  of fish to the Community. 

Obviously,  in addition  to those benefits,  one must take account of the importance of our  relations with Guinea in the 
fisheries field and our overall  political  relations. 

10.  ADMINISTRATIVE  EXPENDITURE  (part  A of  the budget): 

No incidence on administrative  expenditure. 

05 

ISSN 0254-1475 

COM(96} 111 final 

DOCUMENTS 

EN 

03  U 

Catalogue number  : CB-CO-96-121-EN-C 

ISBN 92-78-01721-3 

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I