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 setting out the fishing opportunities and financial contribution provided for in the Agreement between the European Economic Community and the Government of the Republic of Guinea on fishing off the Guinean coast for the period 1 January 2000 to 31 December 2001
Date: 2000-06-23
Institutions: European Commission
Subjects: Guinea, agreement (EU), fishing agreement, fishing licence

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 23.06.2000
COM(2000) 307 final

2000/0129 (ACC)

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 setting out the fishing opportunities and financial
contribution provided for in the Agreement between the European Economic
Community and the Government of the Republic of Guinea on fishing off the Guinean
coast for the period 1 January 2000 to 31 December 2001

(presented by the Commission)

EXPLANATORY MEMORANDUM

The Protocol to the Fisheries Agreement between the European Community and the Republic of
Guinea expired on 31 December 1999. A new Protocol setting out the technical and financial
conditions governing the fishing activities of Community vessels in the waters of the Republic of
Guinea during the period 1 January 2000 to 31 December 2001 was initialled by both parties on
17 December 1999 .

The Commission proposes, on this basis, that the Council adopt by Decision the draft
Agreement in the form of an exchange of letters concerning the provisional application of the
new Protocol pending its definitive entry into force.

A proposal for a Council Regulation on the conclusion of the new Protocol by Regulation is
the subject of a separate procedure.

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2000/0129 (ACC)

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 setting out the fishing opportunities and financial
contribution provided for in the Agreement between the European Economic
Community and the Government of the Republic of Guinea on fishing off the Guinean
coast for the period 1 January 2000 to 31 December 2001

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article
300(2) thereof,

Having regard to the proposal from the Commission,

Whereas:

(1)

(2)

(3)

(4)

to the second paragraph of Article 15 of the Agreement between the
Pursuant
European Economic Community and the Government of the Republic of Guinea on
fishing off the Guinean coast1, the Community and the Republic of Guinea have
conducted negotiations to determine any amendments or additions to be made to the
Agreement at the end of the period of application of the Protocol annexed thereto.

As a result of those negotiations, a new Protocol was initialled on 17 December 1999 .

Under that Protocol, Community fishermen have fishing rights in the waters under the
sovereignty or jurisdiction of the Republic of Guinea for the period 1 January 2000 to
31 December 2001.

In order to avoid any interruption in the fishing activities of Community vessels, it is
essential that the new Protocol be applied as quickly as possible. 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. The Agreement in the form of an Exchange of
Letters should be approved, pending a definitive decision under Article 37 of the
Treaty.

(5)

The method of allocating the fishing rights among the Member States should be
defined on the basis of the traditional allocation of fishing rights under the Fisheries
Agreement.

1

OJ L 111, 27.4.1983, p. 1.

3

HAS DECIDED AS FOLLOWS:

Article 1

The Agreement in the form of an Exchange of Letters concerning the provisional application
of the Protocol setting out the fishing rights and financial contribution 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 2000 to 31 December 2001 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.

The fishing rights set out in the Protocol shall be allocated among the Member States as follows:

Article 2

(a) fin-fish/cephalopods:

Spain:

Italy:

700 GRT

860 GRT

Greece:

940 GRT

(b) shrimps

Spain:

1 050 GRT

Portugal:

300 GRT

(c) tuna seiners:

Greece:

France:

Spain:

(d) pole-and-line tuna vessels:

France:

(e) surface longliners:

Spain:

Spain:

150 GRT

19 vessels

19 vessels

7 vessels

7 vessels

14 vessels

Portugal:

2 vessels

If licence applications from those Member States do not exhaust the fishing rights set out in the
Protocol, the Commission may consider licence applications from any other Member State.

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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 Brussels,

For the Council

The

President

5

PROTOCOL
setting out the fishing rights and financial contribution provided for in the Agreement
between the European Economic Community and the and the Government of the
Republic of Guinea on fishing off the coast of Guinea for the period 1 January 2000 to
31 December 2001

For a period of two years from 1 January 2000, the fishing rights granted under Article 2 of
the Agreement shall be as follows:

Article 1

1)

2)

3)

4)

5)

(a)

fin-fish and cephalopod trawlers: an annual average of 2 500 gross registered
tonnes (GRT) per month;

(b)

shrimp trawlers: an annual average of 1 500 GRT per month;

freezer tuna seiners: 38 vessels;

pole-and-line tuna vessels: 14 vessels;

surface longliners: 16 vessels.

Where appropriate and where the state of resources allows, the Joint Committee provided for
in Article 10 of the Agreement shall consider introducing 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 contribution referred to in Article 8 of the Agreement for the fishing
rights fixed in Article 1 shall be EUR 2 960 000 per year (EUR 1 600 000 as financial
compensation and EUR 1 360 000 for the measures provided for in Article 4 of this
Protocol). The financial compensation shall be payable by 30 June each year at the
latest.

The Government of the Republic of Guinea shall have full discretion regarding the use
to which the financial compensation is put.

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

Article 3

If the fishing rights referred to in Article 1(1) or (2) are exhausted, the Community may
request that they be increased by successive instalments of an annual average of 1 000 GRT
per month. In such cases, the financial contribution referred to in Article 2 shall be increased
proportionately, pro rata temporis.

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Article 4

The measures set out below shall be financed from the overall financial contribution provided
for in Article 2(1), to the amount of EUR 1 360 000 in the first year and EUR 1 360 000 in the
second year, broken down as follows:

(1)

(2)

(3)

(4)

(5)

(6)

(7)

scientific and technical programmes to improve knowledge of fishery and biological
resources in the Republic of Guinea's fishing zone: EUR 400 000;

support for fisheries surveillance bodies: EUR 800 000;

aid for non-industrial fishing: EUR 300 000;

institutional aid for the Fisheries Ministry: EUR 520 000;

awards for study, practical training and seminars in the various scientific, technical
and economic disciplines relating to fisheries: EUR 300 000;

the Republic of Guinea's contributions to international
EUR 100 000;

fisheries organisations:

costs of Guinean delegates' participation in international meetings on fisheries:
EUR 300 000.

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

The annual amounts shall be made available to the bodies concerned not later than 30 June in
the first year and 2 January in the second year and paid into the bank accounts specified by
the Fisheries Ministry according to the schedule for their use. The Government of the
Republic of Guinea shall provide the bank account numbers to be used for such payments.

Before the anniversary date of the Protocol each year, the Fisheries Ministry shall forward a
detailed 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 Fisheries
information on the results and to reconsider the payments
Ministry for any additional
concerned should the measures not be implemented.

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

Article 5

Article 6

The Republic of Guinea shall undertake to implement a plan to reduce its overall fishing
effort.

The Community, aware that the Republic of Guinea needs to reduce the overall fishing effort
of all parties fishing in its waters, shall undertake to pay, at the end of each year of the
Protocol, a financial contribution to the costs incurred in the management and monitoring
required to implement that reduction, provided the conditions agreed on jointly are met. That

7

financial contribution shall not exceed EUR 370 000 per year. The contribution will be paid
into an account to be specified by the Fisheries Ministry of the Republic of Guinea.

Article 7

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

Article 8

This Protocol shall enter into force on the date of its signing.

It shall apply from 1 January 2000.

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ANNEX

Agreement in the form of an exchange of letters concerning the provisional application
of the Protocol setting out the fishing opportunities and financial contribution provided
for in the Agreement between the European Economic Community and the Government
of the Republic of Guinea on fishing off the Guinean coast for the period 1 January 2000
to 31 December 2001

A. Letter from the Government of the Republic of Guinea

Sir,

With reference to the Protocol, initialled on 17 December 1999, setting out the fishing rights and
financial contribution for the period 1 January 2000 to 31 December 2001, I 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 2000, pending the entry into force of the Protocol in accordance
with Article 16 of the Fisheries Agreement, provided that the European 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 paid by 30 June 2000.

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

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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 17 December 1999, setting out the
fishing rights and financial contribution for the period 1 January 2000 to 31
December 2001, I 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 2000, pending the entry into force of the Protocol in accordance with
Article 16 of the Fisheries Agreement, provided that the European 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 paid by 30 June 2000.

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
application.

to such provisional

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

On behalf of the Council of the European Union

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