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 on fishing off the Guinean coast for the period 1 January 1998 to 31 December 1999
Date: 1998-03-09
Institutions: European Commission
Subjects: Guinea, deep-sea fishing, financial compensation of an agreement, fishing agreement, fishing licence, inshore fishing

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 09.03.1998 
COM(1998) 129  final 

98/0086 (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 the 
fishing possibilities and the 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 for the period 
1 January 1998 to 31 December 1999 

Proposal for a 

COUNCIL REGULATION (EC) 

approving 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 on fishing off the 
Guinean coast for the period 1 January 1998 to 31 December 1999 

(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  1997. A new Protocol was initialled by the 

two parties on  11 December  1997 establishing the technical and financial  conditions under 

which Community fishing vessels can fish in Guinea waters in the period  1 January  1998 

to 31 December 1999. 

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  1998 to 31 January 1999. 

« 

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 on fishing off the Guinean coast for the period 
1 January 1998 to 31 December 1999 

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 coast1, and in particular Article  15 

thereof, 

Having regard to the proposal from the Commission, 

Whereas,  in  accordance  with  the  second  paragraph  of  Article  15  of  the  aforesaid 

Agreement, the Community  and the Republic of Guinea 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 was initialled on  11 December 

1997; 

Whereas,  under  that  Protocol,  Community  fishermen  enjoy  fishing  possibilities  in  the 

waters  under  the  sovereignty  or jurisdiction  of  the  Republic  of  Guinea  for  the  period 

1 January  1998 to 31 December 1999; 

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  the 

two  parties  have  accordingly  initialled  an  Agreement  in  the  form  of  an  Exchange  of 

1  OJL  111, 27.4.1983, p. 1. 

2 

Letters providing  for the initialled  Protocol to apply provisionally from  the day  following 

that on which the Protocol currently in force expires; 

Whereas  the  Agreement  in  the  form  of  an  Exchange  of  Letters  should  be  approved, 

pending a final decision taken under Article 43 of the Treaty, 

Whereas the fishing possibilities should be apportioned among the Member States on the 

basis of the traditional allocation of fishing possibilities under the fisheries Agreement, 

HAS DECIDED AS FOLLOWS: 

Article 1 

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 on fishing off the Guinean coast  for the period 1 

January  1998 to 31 December  1999 is hereby 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 fishing possibilities  laid down  in the Protocol  shall be allocated among the Member 

States as follows: 

a) 

cephalopods/fin-fish: 

Spain: 

1  350 grt 

Italy: 

1  200 grt 

Greece: 

1  450 grt 

b) 

shrimps: 

Spain: 

700 

grt 

U 

Portugal: 

200 grt 

Greece: 

100 grt 

c) 

tuna seiners: 

France: 

19 vessels 

Spain: 

14 vessels 

d) 

pole-and-line tuna vessels:  France: 

8 vessels 

Spain: 

5 vessels 

e) 

surface longliners: 

France: 

3 vessels 

Spain: 

23 vessels 

Portugal: 

2 vessels. 

If licence applications from those Member States do not exhaust the fishing possibilities 

established  in the Protocol, the Commission may consider licence applications from any 

other Member State. 

Article 3 

The President of the Council  is hereby authorised  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 

x 

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 ON FISHING OFF THE GUINEAN COAST FOR 
THE PERIOD 1 JANUARY 1998 TO 31 DECEMBER 1999 

A. Letter from the Government of the Republic of Guinea 

Sir, 

the  financial  compensation 

With reference  to the Protocol, initialled  on  11 December  1997, establishing the fishing 
possibilities  and 
to 
31 December  1999,1 have the honour to inform  you that the Government of the Republic 
of  Guinea  is  ready  to  apply  that  Protocol  on  a  provisional  basis  from  1  January  1998, 
pending the entry into force of the Protocol in accordance with Article 7 thereof, provided 
that the European Community is prepared to do the same. 

the  period  1  January 1998 

for 

This  is  on  the  understanding  that  the  first  instalment  of  the  financial  consideration 
specified  in Article 2 of the Protocol is paid by 30 June 1998. 

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 

—7-
/ 

B.  Letter from the Community 

Sir, 

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

financial  compensation 

'With reference  to the Protocol,  initialled  on  11 December  1997,  establishing  the  fishing 
possibilities  and  the 
to 
31  December  1999,1 have the honour to inform you that the Government  of the Republic 
of  Guinea  is  ready  to  apply  that  Protocol  on  a  provisional  basis  from  1 January  1998, 
pending the entry into  force of the Protocol  in accordance with Article 7 therçofuprovided 
^r^J 
that the European Community  is prepared to do the same. 

for  the  period  1 January 1998 

This  is  on  the  understanding  that  the  first  instalment  of  the  financial  consideration 
specified  in Article 2 of the Protocol is paid by 30 June  1998. 

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  such  provisional 
application. 

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

On behalf of the Council the European Union 

PROPOSAL FOR A 

COUNCIL REGULATION (EC) 

9  IS J o o - gt  (  CAjj x 

approving 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 on fishing off the 
Guinean coast for the period  1  January  1998 to 31 December 1999 

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  sentence  of  Article  228(2)  and  the  first 

subparagraph of Article 228(3) thereof, 

Having regard to the proposal from the Commission, 

Having regard to the opinion of the European Parliament*'), 

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  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  the  financial  compensation  provided  for  in  the  abovementioned 

Agreement  for  the  period  1  January  1998  to  31  December  1999  was  initialled  on 

11 December 1997; 

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

Whereas the fishing possibilities should be apportioned  among the Member States on the 

basis of the traditional allocation of fishing possibilities under the fisheries  Agreement, 

0)  OJ 

<2>  OJL 111,27.4.1983, p. 1. 

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 on fishing off the Guinean coast for the period 1  January 1998 to 

31 December 1999 is hereby approved on behalf of the Community. 

The text of the Protocol is attached to this Regulation. 

Article 2 

The fishing possibilities laid down in the Protocol shall be allocated among the Member 

States as follows: 

a) 

cephalopods/fm-fish: 

Spain: 

1350 grt 

Italy: 

1200 grt 

Greece: 

1450 grt 

b) 

shrimps: 

Spain: 

700 grt 

(c) 

tuna seiners: 

Portugal: 

200 grt 

Greece: 

100 grt 

France: 

19 vessels 

Spain: 

14 vessels 

d) 

pole-and-line tuna vessels:  France: 

e) 

surface longliners: 

Spain: 

France: 

Spain: 

8 vessels 

5 vessels 

3 vessels 

23 vessels 

Portugal: 

2 vessels. 

9 

If licence applications  from  those Member States do not exhaust the fishing possibilities 

established  in the Protocol, the Commission  may consider  licence applications from any 

other Member State. 

Article 3 

The President of the Council  is hereby authorised to designate the persons 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  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 

^o 

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 on fishing off the Guinean coast 
for the period 1 January  1998 to 31 December 1999 

Article 1 

For  a period  of  two  years  from  1 January  1998,  the  fishing  possibilities  granted  under 
Article 2 of the Agreement shall be as follows: 

1 ) a)  fin-fish  and cephalopod trawlers: 

4 000 gross registered tonnes (grt) per year; 

2) b)  shrimp trawlers: 

1 000 gross registered tonnes (grt) per year; 

3) freezer tuna seiners: 33 vessels; 

4) pole-and-line tuna vessels: 13 vessels; 

5) surface longliners: 28 vessels. 

Where  appropriate  and  where  the  state  of  resources  so  permits,  the  Joint  Committee 
provided  for  in  Article  10 of the  Agreement  shall  consider  including new  categories  of 
fish and  shall  lay down  the technical  and  financial  conditions  under  which  they can  be 
fished by Community vessels. 

Article 2 

1. 

2. 

3. 

The  financial  compensation  referred  to  in  Article  8  of  the  Agreement  shall 
amount to ECU 2 800 000 for the first year (of which ECU 1  400 000 by way of a 
financial  consideration and ECU  1  400 000 for the measures listed in Article 4 of 
the  current  Protocol)  and  ECU 3 700 000  for  the  second  year  (of  which 
ECU 1  850 000 by way of a financial consideration  and ECU  1 850 000  for  the 
measures  listed  in  Article  4 of the current  Protocol)  for  the fishing possibilities 
listed  in Article  1. That financial consideration  shall be payable by 30 June each 
year at the latest. 

The use to which the financial  consideration  is put shall be the sole responsibility 
of the Government of the Republic of Guinea. 

The  financial  consideration  shall  be  paid  into  an  account  specified  by  the 
Government of the Republic of Guinea and opened with the Public Treasury. 

Article 3 

At the request of the Community, the fishing possibilities established in Article  1(1) may 
be  increased  by  successive  instalments  of  1 000  grt  a  year.  In  that  case,  the financial 

Ai 

consideration  referred  to  in  Article  2  shall  be  increased  proportionately,  pro  rata 
temporis. 

Article 4 

Of the overall financial compensation established  in Article 2(1), the following  measures 
shall be financed to the amount of ECU 1  400 000 in the first year and ECU 1 850 000 in 
the second year, according to the following breakdown: 

1.  scientific  and technical  programmes to improve knowledge of fishery  and  biological 

resources within Guinea's fishing zone: ECU 450 000; 

2. 

support for fishery surveillance bodies: ECU 800 000; 

3. 

support for artisanal fishing: ECU 320 000; 

4. 

institutional support for the Ministry of Fisheries: ECU 800 000; 

5.  awards  for  study, practical  training  and  seminars  in the various  scientific,  technical 

and economic disciplines relating to fisheries: ECU 390 000; 

6.  Guinea's contribution to international fisheries organisations: ECU 100 000; 

7.  costs  of  Guinean  delegates'  participation  in  international  meetings  on  fisheries: 

ECU 390 000. 

The  measures  and  the  annual  amounts  allocated  thereto  shall  be  decided  on  by  the 
Ministry of Fisheries, which shall inform the Commission thereof. 

The  annual  amounts  shall  be  made  available  to  the  bodies  concerned  by  30 June  each 
year  at  the  latest.  The  Government  of  the  Republic  of  Guinea  shall  provide  the  bank 
account numbers to be used for such payments. 

The  Ministry  of  Fisheries  shall  forward  an  annual  report  to  the  Delegation  of  the 
European  Commission  on the implementation  of the measures  and the results  obtained. 
The  Commission  reserves  the  right  to  ask  the  Ministry  of  Fisheries  for  any  additional 
information  on the results and to reconsider the payments concerned  should the measures 
not be implemented. 

Article 5 

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

Article 6 

The Annex to the Agreement between the Government of the Republic of Guinea and the 
European  Community  on  fishing  off  the  Guinean  coast  is repealed  and replaced  by  the 
Annex hereto. 

43, 

Article 7 

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

It shall apply from  1  January 1998. 

4S 

ANNEX 

Conditions governing fishing by Community vessels in Guinea's fishing zone 

A.  Licence application and issuing  formalities 

At least 30 days before  the date on which the requested term of validity commences, 
the  competent  Community  authorities  are  to  present  an  application  for  each  vessel 
that is to be used for fishing  under the Agreement to the Ministry of Fisheries via the 
Delegation of the European Commission in Guinea. 

The applications are to be made out using the forms provided  for that purpose by the 
Ministry of Fisheries, a specimen of which is attached hereto (Appendix 1). 

Licence applications  are to be accompanied  by proof of payment  of the fee  covering 
the licence's term of validity. Payment is to be made into an account opened with the 
Public Treasury of Guinea. 

The  fees  include  all  national  and  local  taxes,  with  the  exception  of  port  fees  and 
charges for the provision of services. 

Within 30 days of receipt of proof of payment as referred  to above, the licences for all 
vessels  will  be  issued  by  the  Ministry  of  Fisheries  to  the  shipowners  or  their 
representatives via the Delegation of the European Commission in Guinea. 

The following annual periods serve to determine the term of validity of licences: 

first  period: 

1  January to 31 December 1998 

second period:  1  January to 31 December 1999. 

Licences  cannot  commence  running  during  one  annual period  and  expire during  the 
following annual period. 

Licences  are  issued  for  specific  vessels  and  are  not  transferable.  However,  at  the 
request  of the Community  and  where force  majeure  is proven, a vessel's  licence will 
be replaced by a new licence for another vessel whose features  are similar to those of 
the  first  vessel.  The  owner  of  the  vessel  to  be  replaced  is  to  return  the  cancelled 
licence to the Ministry  of Fisheries  via the  Delegation  of the European  Commission 
in Guinea. 

The new licence must state: 

- 

the date of issue, 

4V 

- 

the term of 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 the event of replacement, no fee as referred to in Article 5(2) of the Agreement is 
due for the unexpired period of validity. 

Licences must be held on board at all times. 

I.  Provisions applicable to trawlers 

1.  Vessels  must  put  into  the  port  of  Conakry  once  a year  before  licences  are 
issued so that the regulation inspection can be carried out. This inspection is to 
be carried out by duly authorised persons only and must take place within 24 
working  hours of  the vessel's  arrival  in port, providing  notice  of  arrival has 
been given at least 48 working hours in advance. Where licences are renewed 
within the calendar year, the vessels need not undergo a second inspection. 

The  costs  of  technical  inspections  are  to  be  borne  by  the  shipowners  and 
cannot exceed ECU 250 per vessel per year. 

2.  Each  vessel  must  be  represented  by  an  agent  of  Guinean  nationality 

established in Guinea. 

3.  a) Licences arc issued  for three, six or twelve months and are renewable. The 
term of  validity  of  licences  must be taken into account when calculating the 
utilisation of the fishing possibilities granted under Article 1  of the Protocol. 

b) The fees to be paid by shipowners, expressed in ecus per gross registered 
tonne, are as follows: 

- 

for annual licences: 

first  year 

second year 

fin-fish  trawlers: 

cephalopod trawlers: 

shrimp trawlers: 

126 

150 

152 

132 

158 

160 

45 

- 

for six-month licences: 

first year 

second year 

fin-fish  trawlers: 

cephalopod trawlers: 

shrimp trawlers: 

65 

77 

78 

68 

81 

82 

- 

for three-month licences: 

first  year 

second year 

fin-fish  trawlers: 

cephalopod trawlers: 

shrimp trawlers: 

33 

39 

40 

35 

41 

42 

However,  an additional  fee  of ECU 30 per grt per year is payable by  vessels 
failing to land 200 kg offish  per grt per year in accordance with Part C. 

II.  Provisions applicable to tuna vessels and surface longliners 

Licences  must  be  kept  on  board  at  all  times;  however,  fishing  is  authorised  on 
receipt  of  the  notification  of  payment  of  the  advance  forwarded  by  the 
Commission  to  the  Guinean  Ministry  of  Fisheries.  Furthermore,  pending  receipt 
of the original of the licence, a copy of the licence drawn up can be sent by fax  for 
keeping on board. 

Fees amount to ECU 20 per tonne per year caught within Guinea's fishing zone. 

Licences are to be issued following payment to the Ministry of Fisheries of a lump 
sum of ECU  1 800 per year for each tuna seiner, ECU 300 per year for each pole-
and-line tuna vessel and ECU 500 per year for each surface longliner, covering the 
fees  for: 

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

-  15 tonnes of tuna caught per year in the case of pole-and-line tuna vessels, 

-  25tonnes of tuna caught per year in the case of surface longliners. 

4e 

The final statement  of the fees clue for the fishing period  is to be drawn  up by the 
Commission  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, such as the Institut  Français de Recherche  Scientifique  pour 
le  Développement  en  Coopération  (Orstom)  and  the  Instituto  Espanol  de 
Oceanografia  (IEO),  in  cooperation  with  the  Centre  National  des  Sciences 
Halieutiques  de  Boussoura  (CNSHB).  The  statement  is  to  be  forwarded 
simultaneously  to the  Ministry  of Fisheries  and  to the  shipowners.  No  later  than 
30 days after  the final statement  is notified,  any additional  charges  due  are to be 
paid by the shipowners to the Ministry of Fisheries using the account opened with 
the Public Treasury of Guinea. 

However,  if  the  final  statement  is  lower  than  the  abovementioned  advance,  the 
resulting balance will not be reimbursed. 

B.  Statements of catch 

All  Community  vessels  authorised  under  the  Agreement  to  fish  in  Guinea's  fishing 
zone are required to declare their catches to the Ministry of Fisheries, with a copy to 
the Delegation of the European Commission in Guinea, as follows: 

- 

- 

trawlers  must  declare  their  catches  using  the  specimen  statement  attached  hereto 
(Appendix 2). Statements of catch must be drawn up each month and presented at 
least once each quarter; 

tuna  seiners, pole-and-line tuna vessels  and  surface  longliners  must  keep  fishing 
logs  using  the  form  in  Appendix  3  for  each  fishing  period  spent  in  Guinea's 
fishing zone. Within  45 days of the  end  of  the fishing period  spent  in  Guinea's 
fishing  zone,  the  forms  must  be  sent  to  the  Ministry  of  Fisheries  via  the 
Delegation of the European Commission in Guinea. 

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

Should  this  provision  not  be  complied  with,  the  Ministry  of  Fisheries  reserves  the 
right  to  suspend  the  licences  of  offending  vessels  until  the  formality  has  been 
completed.  The Delegation  of the European  Commission  in Guinea is to be  notified 
of such cases. 

Where applicable, the Joint Committee provided for in Article 10 of the Agreement is 
to  consider  equipping  Community  fishing  vessels  with  facilities  for  the  electronic 
transmission of data covering fishing operations. 

//y 

c.  UmlingofçMtçhçs 

As a contribution  towards supplying the local population with fish caught  in Guinea's 
fishing  zone, trawlers authorised  to fish in Guinea's  fishing  zone are required  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. 

D.  Bv-catches 

Crustaceans  held  on board fin-fish trawlers  may  not  account  for  more  than  9% nor 
cephalopods for more than 9% of their total catch in Guinea's fishing zone. 

Crustaceans  held  on board  cephalopod  trawlers may not  account  for  more than  15% 
of their total catch in Guinea's fishing zone. 

Fish  held  on  board  shrimp  trawlers  may  not  account  for  more  than  30%  nor 
cephalopods  for more than 20% of their total catch in Guinea's fishing zone. 

E.  Signing-on of seamen 

Owners holding  fishing  licences issued  under the Agreement  are to contribute to the 
practical  vocational training of Guinean nationals, subject to the conditions and limits 
set out below: 

1)  Each trawler owner must undertake to employ: 

- 

- 

two Guinean seamen on vessels of up to 200 grt, 

three  Guinean  seamen  on  vessels  of  more  than  200  grt  but  not  more  than 
350 grt, 

- 

four Guinean seamen on vessels of more than 350 grt. 

2)  For the fleet of tuna seiners, six Guinean seamen must be signed on permanently. 

3)  For the fleet of pole-and-line tuna vessels, five Guinean seamen must be signed on 
for  the duration of the vessels'  actual presence in Guinean waters,  all of them to 
be assigned to different  vessels. 

4)  For the fleet  of surface  longliners, the shipowners must undertake to employ two 
Guinean  seamen  per  vessel  for  the  duration  of  the  vessels'  actual  presence  in 
Guinean waters. 

4? 

5)  The wages of these Guinean seamen are to be fixed before the licences are issued, 
by  mutual  agreement  between  the  shipowners  or  their  representatives  and  the 
Ministry  of  Fisheries;  the  wages  arc  to  be  paid  by  the  shipowners  and  must 
include  the  seamen's  social  security  contributions  (including  life,  accident  and 
health insurance). 

Should  the  seamen  not be  signed  on,  the owners  of  tuna  seiners, pole-and-line tuna 
vessels  and  surface  longliners  are  required  to  pay  the  Ministry  of  Fisheries  a  lump 
sum equivalent to the wages of the seamen not signed on in accordance with points 2, 
3 and 4 above. 

That  sum  is to be used  for  the training  of  Guinean  sea fishermen and  must  be  paid 
into an account specified by the Ministry of Fisheries. 

F.  Observers 

1.  The observer's  task  is to check on fishing activities  in Guinea's  fishing  zone and 
to  collect  all  statistical  data  on  fishing  operations  by  the  vessel  concerned. 
Observers  must  be  granted  every  facility  needed  to  carry  out  their  duties, 
including  access to premises and documents and must  in particular be allowed  to 
report fishing data by radio once a week. 

2.  All  trawlers  must  take  on  board  an  observer  appointed  by  the  Ministry  of 

Fisheries. 

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

3.  At  the  request  of  the  Ministry  of  Fisheries,  addressed  to  the  European 
Commission, tuna vessels and surface  longliners must take on board an  observer, 
who  must  not  remain  on  board  any  longer  than  is  necessary  to  accomplish  his 
duties. 

The  masters  of  vessels  must  facilitate  the  work  of  the  observers,  who  must  be 
accorded the conditions enjoyed  by the vessels'  officers. 

The travelling costs of observers  taken  on  board  in  foreign  ports are  to be  borne 
by the shipowner. 

4.  The wages  and  social  insurance  contributions  of observers  are to be paid  by  the 

Ministry of Fisheries. 

In the case of trawlers, shipowners  are to pay ECU 15 to the Centre National  de 
Surveillance  des Pêches  (CNSP)  for  each  day  an  observer  spends  on board  as  a 
contribution towards the expenses arising  from  the observer's presence on board. 

4<f 

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

G.  Inspection and monitoring 

Community  vessels  fishing  in  Guinea's  fishing  zone  must  permit  and  assist  any 
Guinean  officials  responsible  for  inspection  and  monitoring  to  board  the  vessel  and 
carry  out  their  duties  on  board.  The  officials  must  not  remain  on  board  any  longer 
than  is  necessary  to  verify  catches  by  random  checks  and  to  conduct  any  other 
inspection relating to fishing activities. 

H.  Fishing zones 

All the vessels referred  to in Article 1 of the Protocol are authorised to fish in waters 
beyond  10 nautical miles. 

I.  Meshes authorised 

The minimum mesh size authorised for the cod end (mesh stretched) is: 

a)  40 mm for shrimps; 

b)  70 mm for cephalopods; 

c)  70 mm for fin-fish; 

d)  16 mm for fishing for live bait. 

These mesh sizes also apply to trawls used for fishing with outriggers. 

J.  Entering and leaving the zone 

Community vessels fishing under the Agreement in Guinea's fishing zone must report 
the date and time and their position  each time they  enter and  leave Guinea's  fishing 
zone to the radio station of the Centre National de Surveillance des Pêches (CNSP). 

The  CNSP will  inform  the  shipowners  of the call  sign  and operating frequencies of 
the station at the time the licence is issued. 

Where  they  cannot  communicate  this  information  by  radio,  vessels  may  use 
alternative means, such as fax (CNSP: 1-212-4794-885;  Ministry of Fisheries: 224-41 
35 23). 

40 

/-• •  -

K.  Boardiii)i of vessels 

1.  The  Delegation  of  the  European  Commission  in  Guinea  must  be  notified  within 
48  hours  of  any  fishing  vessel  flying  the  flag  of  a  Member  State  of  the 
Community  and  operating  under  an  Agreement  between  the  Community  and  a 
third  country that  is boarded  within  Guinea's fishing zone  and must  at the  same 
time be sent a summary report of the circumstances  surrounding,  and the reasons 
leading to, the boarding. 

2.  In the case of vessels  authorised  to fish in  Guinean  waters, before  any  measures 
are  considered  with  regard  to  the  vessel's  master  or  crew  or  any  action  is 
contemplated  with  regard  to  its  cargo  and  equipment  other  than  to  safeguard 
evidence relating to the alleged  infringement,  a conciliation  meeting  is to be held 
within  48 hours  of  receipt  of  the  abovementioned  information  between  the 
Delegation  of  the  European  Commission,  the  Ministry  of  Fisheries  and  the 
inspection  authorities, possibly  attended  by a representative  of the  Member  State 
concerned. 

At  the  meeting,  the  parties  will  exchange  any  relevant  documentation  and 
information,  and  in  particular  automatically  recorded  data  showing  the  vessel's 
positions  during  the  trip  up  to  the  time  of  boarding,  that  may  help  clarify  the 
circumstances surrounding the facts. 

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

3.  Before  any judicial proceedings  are initiated,  an attempt must be made to resolve 
the matter of the alleged  infringement  by compromise. Should no compromise be 
reached, that attempt is to be abandoned  no later than three working days after  the 
boarding. 

4.  Should  no compromise be reached  and the case consequently  be brought  before  a 
competent  judicial  body,  pending  the judgment  a  bank  security  payable  by  the 
shipowner  is  to  be  set  by  the  competent  authorities  within  48 hours  of 
abandonment of the attempt to reach a compromise. The security must not exceed 
the  maximum  penalty  laid  down  for  such  an  infringement  under  national  law. 
Where the master of the vessel concerned is not found  guilty, the bank security is 
to be refunded  to the shipowner by the competent authorities as soon as the case is 
settled. 

%4 

5.  The vessel and crew are to be released: 

-  when the conciliation meeting is closed if the outcome so permits, 

-  once the obligations arising from the compromise reached have been  fulfilled, 

or 

-  once the bank security is lodged (in connection with judicial proceedings). 

Q4 

Appendix  1 

APPLICATION  FORM 
FORA 
FISHING  LICENCE 

For official  use only 

Remarks 

Nationality: 

Licence  No: 

Date  of  signing: 

, 

Date  of  issue: 

2  3 

APPLICANT 

Name  of  firm: 

Trade  register  No: 

, 

First  name  and  surname  of  applicant: 

Date  am!  place  of  birth: 

Occupation: 

Address: 

, 

No  of  employees: 

Name  and  address of  co-signatory: 

VESSEL 

Type  of  vessel: 

.- 

Registration  No: 

New  name: 

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: 

Transit  speed: 

Call  sign: 

Fixed  • 

Variable 

• 

Ducted  • 

Call  frequency: 

List  of  sounding,  navigating  and  transmission  instruments: 

Rada adar 

VHF 

I  J 

• 

No  of  seamen: 

Sonar 

SSB  • 

Netsonde 

Netsonde  satellite 
navigation 

Other: 

\ 

\ 

• 

^V 

CONSERVATION 

Packed  in  ice 

J 

| 

refrigeration  J 

| 

Freezing  in  brine 

| 

| 

jw 

\ 

| 

Refrigerated  sea  water 

I 

I 

Total  refrigerating  power: 

Freezing  capacity  in  tonnes/24  hours: 

Hold  capacity: 

TYPE  OF  FISHING 

A.  Demersal 

inshore  demersal  • 

Deep-sea demersal  • 

Type of  trawl: 
Cephalopods 

. 
I 

{ 

Shrimps 

. 
I 

. 
J 

Fish 

I 

I 

Length  of  trawl: 

Headline: 

Mesh  size  in  the  body: 

Mesh  size  in  the  wings: 

Speed  of  trawling: 

: 

Deep-sea  pelagic  (tuna) 

Pole  and  line 

I 

I 

No  of  poles  and  lines 

I 

I 

Seine 

I  J 

Length  of  net: 

Depth  of  net: 

No  of  tanks: 

Capacity  in  tonnes: 

C.  Longlines  and  pots 

Surface 

Bottom 

j 

j 

Length  of  lines: 

: 

No  of  hooks:  . 

No  of  lines: 

No  of  pots: 

zr 

SHORE  INSTALLATIONS 

Address  and  permit  No:  .... 

Name  of  firm: 

Activities: 

Domestic  wholesale  fish  tra de 

I 

I 

Exp<>rt 

| 

| 

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  of  Fisheries 

Zl 

OFFICE  OF THE  SECRETARY  OF  STATE  FOR 
FISHERIES 

Name  of  vessel: 

Nationality  (flag): 

Appendix  2 

STATISTICS  ON  CATCH  AND  ACTIVITY 

Engine  rating: 

Gross  registered  tonnage: 

Fishing  zone 

Date 

Longitude 

Latitude 

Number  of 
fishing  operations 

Number  of 
fishing  hours 

' 

, 

^ 

' 

1/ 

2/ 

3/ 

4/ 

SI 

6/ 

7/ 

8/ 

9/ 

10/ 

11/ 

12/ 

13/ 

14/ 

15/ 

16/ 

17/ 

18/ 

19/ 

2 0/ 

2 1/ 

22/ 

2 3/ 

24/ 

25/ 

26/ 

27/ 

2 8/ 

2 9 /. 

30/ 

3 1/ 

Month: 

Year: 

Fishing  method: 

Port  of  landing: 

Species  of  fish 

i 

Totals 

i 
1 
! 

1 
i  • 

• 

Afip'"d-3 

ICGfiï  LOBBOOK  for  TUNA  FISHERY 

FINANCIAL STATEMENT 

1. 

TITLE OF OPERATION 

New  Protocol  to  EC-Guinea  fisheries  Agreement  establishing  the  fishing 
possibilities and the financial compensation 

2. 

BUDGET HEADING INVOLVED 

B7-8000 

3. 

LEGAL BASIS 

-  Article  43  of  the  Treaty,  in  conjunction  with  Article  228(2)  and  the  first 
subparagraph of Article 228(3) thereof 

- EC-Guinea Agreement (OJ 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 1998 to 31 December 1999 

Procedure for renewal: negotiation prior to expiry of Protocol 

5. 

CLASSIFICATION  OF EXPENDITURE OR REVENUE 

5.1 

5.2 

5.3 

Compulsory expenditure 

Differentiated  appropriations 

Type of revenue involved 

6. 

TYPE OF EXPENDITURE 

-  Other:  financial  compensation  for  a  third  country  in  exchange  for  fishing 

possibilities granted by the latter and set out in the Protocol 

7. 

FINANCIAL IMPACT 

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

See Annex to Protocol 

s 

7.2 

Itemised breakdown of cost 

CA  (ECU million (current)) 

Breakdown 

1998 

1999 

TOTAL 

Financial consideration - Article 2 
Appropriations - Article 41 

TOTAL 

1.4 

1.4 

2.8 

1.85 

1.85 

3.7 

3.25 

3.25 

6.50 

7.3 

Indicative schedule of appropriations for proposed new operation 

1998 

1999 

TOTAL 

2.8 

3.7 

6.5 

(ECU  million 

(current)) 

2.82 

2.8 

3.73 

3.7 

2.8 

3.7 

6.5 

Commitment 

appropriations 

Payment 

appropriations 

1998 

1999 

TOTAL 

Scientific  and technical programmes: ECU 450 000 
Maritime surveillance: ECU 800 000 
Support for artisanal fishing: ECU 320 000 
Institutional support for Ministry of Fisheries: ECU 800 000 
Training: ECU 390 000 
Contribution to international organisations: ECU 100 000 
Participation in international meetings: ECU 390 000. 
Estimates: 
ECU  1.4  million  by  way  of  the  financial  consideration  under  Article  2  and  ECU  1.4  million  in 
appropriations under Article 4. 
ECU  1.85  million  by  way  of  the  financial  consideration  under  Article  2  and  ECU  1.85  million  in 
appropriations under Article 4. 

3-1 

8. 

FRAUD  PREVENTION  MEASURES; RESULTS OF MEASURES TAKEN 

Since  it  constitutes  payment  for  a service  (the possibility  of fishing), the financial 
consideration  paid  by  the  Community  is to be  used  by  the  authorities  of  the  third 
country as they see fit, subject only to the forwarding  of reports on the use of certain 
appropriations  to  the  Community  in  accordance  with  the  provisions  of  each 
Agreement.  In  the  case  of  Guinea,  an  annual  report  must  be  submitted  on  the 
implementation  of  all  the  measures  covered  by  Article 4  of  the  Protocol  and  the 
results  achieved;  payments  may  be  reconsidered  in  the  light  of  the  actual 
implementation of the various measures. 

Furthermore, the Member States must guarantee the accuracy of figures on vessels' 
tonnage certificates  so the calculation of the financial consideration  (and  fees)  is not 
open  lo dispute. To that  end,  the  Agreement  provides  for  statements  of  catches by 
Community vessels. 

9. 

ELEMENTS  OF COST-EFFECTIVENESS  ANALYSIS 

1996-97 

Category 

Fishing possibilities 
(grt) 

Rate of 
utilisation 

Trawlers: 

- of which shrimp trawlers 

of  which 
cephalopod trawlers 

fin-fish  and 

Tuna seiners 

Polc-and-line tuna vessels 

Surface  longliners 

Total tuna vessels 

5 000 (sole category) 

1997: 60% 

1996: 20% 

28 vessels 

7 vessels 

7 vessels 

42 vessels 

91% 

86% 

79% 

1998-99 

Fishing 
possibilities 
(grt) 

breakdown 

1000 

4 000 

33 vessels 

13 vessels 

28 vessels 

74 vessels 

The  EC-Guinea  Agreement  granted  up  to  12 000 grt  worth  of  fishing  possibilities 
until  1993. Competition from illegal  fishing  turned  Community  vessels  away from 
the Agreement and induced the Community to reduce its trawler fishing possibilities 
to  5 000 grt  under  the  last  Protocol  applying,  with  a proportional  reduction  in  the 
financial consideration  borne  by  the  EC  budget.  In  1996,  the  new  authorities  in 
Guinea  set  about  improving  conditions  in  the  fisheries  sector,  which  entailed  in 
particular  the  rational  management  of  access  to  resources  and  better  scientific 
indices for stocks available for fishing.  This new situation had the positive  effect  of 
enticing  a  significant  number  of  Community  vessels  to  return  to  local  waters  in 
1997, as confirmed  by overall applications for trawler fishing possibilities  submitted 

\7 

•"» 

by  Community  shipowners  under the  forthcoming  Protocol, which  cover  a total  of 
8 840 grt,  i.e.  more  than  the  5 000 grt  in  the  current  Protocol.  Guinea  also  has  a 
significant  cephalopod  catch  potential.  This  is  already  being  fished  at  present  and 
will  be very  useful  during  biological  recovery  periods  provided  for  in  Agreements 
with  neighbouring countries (Morocco, Mauritania and, where applicable, Senegal), 
or  as  an  area  for  redeploying  the cephalopod  fishing  fleet  should  any  reduction  in 
the  fishing  possibilities  under  the  Agreement  with  Morocco  exclude  it  from 
Moroccan waters. 

For the sake of caution and with an eye to the stringency demanded by the Council 
(in  the  conclusions  of  the  Council  meeting  on  fisheries  of  30 October  1997),  the 
Community has limited  its purchases of trawler fishing possibilities  for  1998-99 to 
the previous  level of 5 000 grt, albeit  specifying  the categories so Guinea can draw 
up its annual fishing plans more easily. 

Although the fishing possibilities remain stable, the Agreement should be reassessed 
in  financial  terms  since,  fishing  conditions  being  comparable  at  subregional  level, 
the  financial  conditions  per  grt  offered  Guinea  should  be  brought  into  line,  in 
accordance with the consistency  sought by the Council, with those the  Community 
has  granted  neighbouring  countries,  bearing  in  mind  the  specific  character  of  the 
resources  (biologically  and  in  terms  of  commercial  value)  available  in  Guinea's 
fishing  zone.  In  view  of  the  scale  of  the  adjustment  involved  (from  ECU 400/grt 
(under  the  last  Protocol)  to  ECU 740/grt), harmonisation  has been  spread  over  two 
years  and  will'only  become  effective  in  1999.  This  explains  the  increase  in  the 
financial  consideration  during  the  two  years  covered  by  the  Protocol  and  the  fact 
that  the  overall  financial  compensation  rises  from  ECU 4.0  million  to  ECU 6.5 
million  for  two  years.  The  Guinean  authorities  have  also  refused  to  consider  a 
protocol covering more than two years as the Community would have liked. 

Tuna  fishing  possibilities  rise  from  42  to  74  vessels.  The  Agreement  also  allows 
nearly  100  vessels  into  Guinea's  EEZ  (approximately  25  trawlers  and  74  tuna 
vessels) compared with the 67 vessels in the previous Protocol. 

ECU 3.25  million  has  been  earmarked  for  measures  to  develop  fishing  (scientific 
research,  maritime  surveillance,  training,  support  for  artisanal  fishing,  etc.).  These 
measures account for 50% of the total cost of the Agreement as compared with 40% 
under the previous  Protocol, bearing witness to the Commission's  desire  to  ensure 
that, alongside the development  of fishing activities by Community vessels, there is 
sustainable development  of the Guinean fisheries industry and closer monitoring of 
the implementation of measures (cf. Article 4 of the Protocol). 

Shipowners'  fees  are increased  by  5% from 1  January  1999. The advances paid by 
tuna vessel owners for tuna fishing licences will also rise to: 

-  ECU 1  800 from ECU 1  500 for tuna seiners; 

-  ECU 500 from ECU 300 for surface longliners, 

with a view to strengthening the sense of responsibility of owners. 

As  regards  the  benefit  of  the  Agreement,  given  the  commercial  value  of  the 
cephalopods,  shrimps  and  demersal  fish  that  can  be  caught  in  Guinea  under  the 

-7  17 

Agreement,  the  value  of  catches  far  exceeds  the  cost  (ECU 6.5  million)  of  the 
Agreement. 

On  top  of  the  direct  commercial  value  of  the  catches,  the  Agreement  has  the 
following  advantages: 

-  guaranteed jobs on board fishing vessels, 

-  multiplier  effect  on  employment  in  ports,  fish  auctions,  processing  plants, 

shipyards and service industries in the regions concerned, 

- 

job creation in regions where there is no alternative to  fisheries, 

-  supply of fishery products to the Community market. 

Naturally,  in  addition  to  these  advantages,  account  should  be  taken  of  the 
importance  of  the  EU's  relations  with  the  Republic  of  Guinea  at political  level  as 
well as for the fishing industry. 

10.  ADMINISTRATIVE  EXPENDITURE  (PART  A  OF THE  BUDGET) 

No impact on administrative expenditure. 

3Y 

ISSN 0254-1475 

COM(98)  129 final 

DOCUMENTS 

EN 

03  11  06 

Catalogue  number  :  CB-CO-98-135-EN-C 

ISBN  92-78-31787-X 

Office  for Official  Publications of the European Communities 

L-2985 Luxembourg 

3-r