Proposal for a Council Decision suspending the Agreement between the Government of the Republic of Guinea-Bissau and the European Economic Community on fishing off the coast of Guinea-Bissau
Date: 1998-12-16
Institutions: European Commission
Subjects: Guinea-Bissau, agreement (EU), compensatory financing, fishing agreement, fishing rights

C  22/16

EN

Official  Journal  of  the  European  Communities

27.1.1999

the  Executive  Director, 

Agency’s  Management  Board  may,  on  a  proposal
from 
specify  any  other
provision  proving  necessary  for  the  application  of  this
Regulation.

3.(cid:218)(cid:217)In  the  event  of  disagreement  as  to  the  classifi(cid:220)
cation  of  an  application  in  one  of  the  fee  categories
laid  down  in  this  Regulation,  the  Executive  Director
shall  give  a  ruling  after  consultation  of  the  competent
scientific  committee.

Article  12

Amendment

Any  amendment  to  this  Regulation  shall  be  adopted
by  the  Council  acting  by  a  qualified  majority  after
consulting  the  European  Parliament.

However,  amendments  to  the  amounts  of  the  fees
established  by  this  Regulation  shall  be  adopted  in

accordance  with  the  procedure  laid  down  in  Article
73  of  Regulation  (EEC)  No  2309/93.

Within  five  years  of  the  entry  into  force  of  this  Regu(cid:220)
lation,  the  Commission  shall  present  a  report  on  its
implementation,  after  consultation  of  the  Agency’s
Management  Board.’

Article  2

Entry  into  force

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

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

in 

its  entirety  and

Proposal  for  a  Council  Decision  suspending  the  Agreement  between  the  Government  of  the
Republic  of  Guinea(cid:220)Bissau  and  the  European  Economic  Community  on  fishing  off  the  coast  of
Guinea(cid:220)Bissau

(1999/C  22/07)

COM(1998)  777  final  -  98/0355(CNS)

(Submitted  by  the  Commission  on  16  December  1998)

THE  COUNCIL  OF  THE  EUROPEAN  UNION,

Having  regard  to  the  Treaty  establishing  the  European
Community,  and  in  particular  Article  43  thereof,

Having  regard  to  the  proposal  from  the  Commission,

Having 
Parliament,

regard 

to 

the  opinion  of 

the  European

of  Guinea(cid:220)Bissau  signed  at  Bissau  on  27  February
1980(cid:216)(˛),  the  Council  has  approved  a  Protocol  by  Regu(cid:220)
lation  (EC)  No  2615/97(cid:216)(ˇ)  which  sets  out  fishing  possi(cid:220)
bilities  and  financial  compensation  for  the  period  from
16  June  1997  to  15  June  2001;

Whereas,  as  a  result  of  the  armed  conflict  which  has
affected  Guinea(cid:220)Bissau  since  June  1998,  the  Government
of  Guinea(cid:220)Bissau  has  no  longer  been  able  to  ensure  the
normal  course  of 
the  said
Agreement;

fishing  activities  under 

Whereas  this  exceptional  situation  endangers  Community
vessels  and  calls  for  a  temporary  suspension  of  fishing

Whereas,  in  accordance  with  the  Agreement  between  the
Government  of  the  Republic  of  Guinea(cid:220)Bissau  and  the
European  Economic  Community  on  fishing  off  the  coast

(˛)(cid:217)OJ  L  226,  29.8.1980,  p.  33.
(ˇ)(cid:217)OJ  L  353,  24.12.1997,  p.  7.

27.1.1999

EN

Official  Journal  of  the  European  Communities

C  22/17

under  the  said  Agreement  as  from  June  1998  until  peace
is  restored;  whereas  this  temporary  halt  to  fishing  would
also  mean  suspending  the  payment  of  the  financial
compensation  referred 
the  said
Protocol  during  the  second  year  of  its  validity;  whereas
therefore  the  Agreement  itself  should  be  suspended;

in  Article  2  of 

to 

Whereas  the  Community  should  nevertheless  demon(cid:220)
strate  openness  towards  the  belligerents  in  Guinea(cid:220)Bissau
in  order  to  encourage  them  to  seek  a  negotiated  solution
to  the  conflict,  with  a  view  to  re(cid:220)establishing  a  lasting
peace  and  the  existence  of  a  government  capable  of
ensuring  the  normal  execution  of  a  budget  and  moni(cid:220)
toring  of  fishing  activities  under  the  Agreement;

Whereas  to  this  end  the  Council  notes  the  Commission’s
decision  to  open  a  special  account  into  which  to  pay  the
financial  compensation  in  question;  whereas  the  Council
also  considers 
special
procedures  for  ending  the  suspension  and  fixing  the
details  of  financial  support  to  Guinea(cid:220)Bissau  for  ad  hoc
action  in  the  fisheries  sector;

it  opportune 

lay  down 

to 

to 

the 

Whereas  these  arrangements  should  be  designed  to  allow
the  immediate  payment  of  the  relevant  financial  compen(cid:220)
time
sation  on  a  pro  rata  basis  according 
remaining  of  the  second  year  of  validity  of  the  present
Protocol  as  soon  as  conditions  allow  the  resumption  of
fishing;  whereas  provision  should  be  made  for  the
remaining  funds  in  the  special  account  to  be  used  as
financial  aid  for  the  restoration  by  the  Guinea(cid:220)Bissau
authorities  of 
fishing  activities,
including  infrastructure  for  monitoring  these  activities,  in
an  amount  and  under  rules  to  be  set  in  accordance  with
the  legitimate  authorities  in  Guinea(cid:220)Bissau,

supporting 

facilities 

HAS  DECIDED  AS  FOLLOWS:

Article  1

of 

the  Agreement 

the
Implementation 
Government  of  the  Republic  of  Guinea(cid:220)Bissau  and  the
European  Economic  Community  on  fishing  off  the  coast
of  Guinea(cid:220)Bissau  signed  at  Bissau  on  27  February
1980(cid:216)(˛)  is  hereby  suspended  with  effect  from  19  June
1998.

between 

Article  2

As  soon  as  the  conditions  for  a  resumption  of  fishing
under  the  Agreement  referred  to  in  Article  1  have  been
re(cid:220)established,  the  Council,  acting  on  a  proposal  from
the  Commission,  may  terminate  this  suspension  of  the
Agreement  and  fix  the  details  of  financial  support  to
Guinea(cid:220)Bissau  for  ad  hoc  action  aimed  at  restoring
facilities  in  support  of  fishing  activities,  including  infra(cid:220)
structure  for  monitoring  them.

Pending  such  a  decision,  and  as  soon  as  a  lasting  peace  is
restored  which  enables  a  resumption  of  fishing  activities
under  the  terms  of  the  Agreement,  the  Commission  is
hereby  empowered  to  decide  on  an  interim  basis  that
fishing  may  resume.

Article  3

This  Decision  shall  be  published  in  the  Official  Journal  of
the  European  Communities.

(˛)(cid:217)OJ  L  226,  29.8.1980,  p.  33.