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 opportunities and the compensation provided for in the Agreement between the European Economic Community and the Government of the Republic of Guinea-Bissau on fishing off the coast of Guinea-Bissau for the period 16 June 2001 to 15 June 2006
Date: 2001-10-05
Institutions: European Commission
Subjects: Guinea-Bissau, financial compensation of an agreement, fishing agreement, fishing area, protocol to an agreement

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 5.10.2001
COM(2001) 528 final

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 opportunities and the
compensation provided for in the Agreement between the European Economic
Community and the Government of the Republic of Guinea-Bissau on fishing off the
coast of Guinea-Bissau for the period 16 June 2001 to 15 June 2006

(presented by the Commission)

EXPLANATORY MEMORANDUM

The  Protocol  to  the  Fisheries  Agreement  between  the  European  Community  and  the
Government of the Republic of Guinea-Bissau expired on 15 June 2001. A new Protocol was
initialled  by  both  parties  on  30  May  2001  fixing  the  technical  and  financial  conditions
governing the fishing activities of Community vessels in Guinea-Bissau waters for the period
16 June 2001 to 15 June 2006.

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  must  be  the
subject of a separate procedure.

2

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 opportunities and the
compensation provided for in the Agreement between the European Economic
Community and the Government of the Republic of Guinea-Bissau on fishing off the
coast of Guinea-Bissau for the period 16 June 2001 to 15 June 2006

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 Commission1,

Whereas:

(1)

(2)

(3)

(4)

(5)

(6)

In  accordance with the Agreement between the European Economic Community  and
the Government of the Republic of Guinea-Bissau on fishing off the coast of Guinea-
Bissau2,  the  Community  and  the  Republic  of  Guinea-Bissau  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 30 May 2001.

Under  this  Protocol,  Community  fishermen  enjoy  fishing  opportunities  in  the  waters
falling within the sovereignty or jurisdiction of the Republic of Guinea-Bissau for the
period from 16 June 2001 to 15 June 2006.

In order to ensure uninterrupted fishing activities by Community vessels, it is essential
that the new Protocol be applied as quickly as possible. For this reason, the two parties
have initialled an Agreement in the form of an Exchange of Letters providing for the
provisional application of the initialled Protocol from 16 June 2001.

The Agreement in the form of an Exchange of Letters should be approved, pending a
definitive decision under Article 37 of the Treaty.

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

1 
2 

OJ
OJ L 226, 29.8.1980, p. 33.

3

                                                
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 opportunities and the compensation provided for in the
Agreement between the European Economic Community and the Government of the Republic
of Guinea-Bissau on fishing off the coast of Guinea-Bissau for the period 16 June 2001 to 15
June 2006 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 opportunities provided for in the Protocol shall be allocated among the Member
States as follows:

Article 2

(a) shrimps:

Italy

Spain

Portugal

(b) fin-fish/cephalopods:

Spain

Italy

Greece

(c) tuna seiners:

Spain

France

Italy

4 000 GRT

2 400 GRT

3 200 GRT

2 000 GRT

500 GRT

300 GRT

20 vessels

19 vessels

1 vessel

(d) surface longliners and pole-and-line vessels:

Spain

France

Portugal

25 vessels

6 vessels

5 vessels

4

If  licence  applications  from  these  Member  States  do  not  cover  all  the  fishing  opportunities
fixed  by  the  Protocol,  the  Commission  may  consider  licence  applications  from  any  other
Member State.

Article 3

The  Member  States  whose  vessels  are  fishing  under  this  Protocol  are  obliged  to  notify  the
Commission  of  the  quantities  of  each  stock  taken  in  Guinea-Bissau’s  fishing  zone  in
accordance with the arrangements laid down in Commission Regulation (EC) No 500/2001 of
14 March 20013.

Article 4

The President of the Council is hereby authorised to designate the persons empowered to sign
the Agreement in order to bind the Community.

Done at Brussels,

For the Council
The President

3 

OJ L 73, 15.3.2001, p. 8.

5

                                                
PROTOCOL

establishing the fishing opportunities and the compensation provided for in the
Agreement between the European Economic Community and the Government of the
Republic of Guinea-Bissau on fishing off the coast of Guinea-Bissau
for the period 16 June 2001 to 15 June 2006

Article 1

For a period  of  five  years  from  16  June  2001,  the  fishing  opportunities  granted  pursuant  to
Article 4 of the Agreement shall be as follows:

(1)

(a)

freezer  shrimp  trawlers:  9  600  gross  registered  tonnes  (GRT)  per  year;

freezer  fin-fish  and  cephalopod  trawlers:  2  800  gross  registered  tonnes  per

(b)
year;

(2)

(3)

(1)

(2)

(3)

(4)

freezer tuna seiners: 40 vessels;

pole-and-line tuna vessels and surface longliners: 36 vessels.

Article 2

For the first three years of application of the Protocol, the compensation provided for
in  Article  9  of  the  Agreement  shall  be  fixed  at  EUR 10 000 000  annually
(EUR 9 000 000  of  financial  compensation,  payable  no  later  than  15  January  2002
for the first year and after the anniversary date of the Protocol in the following years,
and EUR 1 000 000 for the measures provided for in Article 4 of this Protocol).

For the final two years of application of the Protocol, the compensation provided for
in  Article  9  of  the  Agreement  shall  be  fixed  at  EUR 10 500 000  annually
(EUR 9 500 000  of  financial  compensation  and  EUR 1 000 000  for  the  measures
provided for in Article 4 of this Protocol).

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

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

Article 3

The two parties undertake to promote responsible fishing in Guinea-Bissau waters based on the
principle of non-discrimination between the different fleets fishing in these waters.

During the period covered by this Protocol, the Community and the Guinea-Bissau authorities
shall  follow  the  evolution  of  resources  in  Guinea-Bissau’s  fishing  zone.  A  joint  scientific
meeting shall be held annually in Brussels or Bissau to that end.

6

Based on the conclusions of the annual scientific meeting and the best available scientific advice,
the two parties shall consult each other within the Joint Committee provided for in Article 11 of
the  Agreement  and,  where  necessary  and  by  common  agreement, take  measures to  ensure  the
sustainable management of fisheries resources.

Should the  above  measures  involve  a  reduction  in  the  fishing  opportunities  granted  under  this
Protocol, the compensation shall be adjusted.

At the request of the Community, the fishing opportunities granted under this Protocol may be
increased by successive instalments of 1 000 GRT per year, if resources permit. In such cases,
the compensation referred to in Article 2 shall be increased proportionately, pro rata temporis.

Article 4

The  measures  set  out  below  shall  be  financed  from  the  compensation  provided  for  in  Article
2(1), as follows:

(a)
financing  of  a  Guinea-Bissau  scientific  or  technical  programme  to  improve
information on fisheries resources and the monitoring of the evolution of resources in Guinea-
Bissau’s fishing zone and the functioning of the fisheries research laboratory, in particular as
regards  the  improvement  of  health  and  hygiene  conditions  in  the  fisheries  sector:
EUR 200 000 per year;

(b)
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  State  linked
with the Community by a cooperation agreement. The total cost of the awards may not exceed
EUR 150 000 per year. At the request of the Guinea-Bissau authorities, part of that sum may
be  used  to  cover  the  costs  of  participation  in  international  meetings  or  training  courses
concerning  fisheries  or  the  organisation  of  seminars  on  fishing  in  Guinea-Bissau.  This  sum
shall  be  paid  into  the  account  specified  by  the  competent  national  authorities,  who  shall
administer all the study awards and other activities financed in this way;

(c)

support for investments in the small-scale fishing sector: EUR 250 000 per year;

fisheries surveillance, including setting up a satellite vessel monitoring system (VMS):

(d)
EUR 300 000 per year;

(e)

institutional support for the Ministry of Fisheries: EUR 60 000 per year;

(f)
technical  assistance  to  set  up  and  monitor  the  above  measures,  the  content  and
arrangements  for  which  shall  be  defined  by  common  agreement  between  the  two  parties:
EUR 40 000 per year.

The measures shall be decided on by the competent national authorities on the basis of an action
programme,  which  shall  be  sent  to  the  Commission  of  the  European  Communities  for
information before the first payment.

7

Article 5

The  amounts  referred  to  in  Article  4(a),  (c),  (d),  (e),  and  (f)  shall  be  made  available  to  the
competent Guinea-Bissau authorities and bodies no later than 15 January 2002 for the first year
and after the anniversary date of the Protocol for the following years, and shall be paid into the
bank  accounts  of  the  competent  Guinea-Bissau  authorities  according  to  the  schedule  for  their
use.

The amounts referred to in Article 4(b) shall be payable as they are used.

The competent national authorities shall transmit an annual report on the implementation of these
measures and the results achieved, and on any difficulties encountered, to the Delegation of the
European Commission in Guinea-Bissau, not later than three months after the anniversary date
of the Protocol. This report shall include information on the implementation of training measures
financed by the payments from shipowners provided for in point E.3 of the Technical Annex.

The  European  Community  reserves  the  right to  ask  the  competent  national  authorities  for  any
additional  information  on  the  results  and,  where  applicable,  to  reconsider  the  payments
concerned should the measures not be implemented.

Should  the  Community  fail  to  make  the  payments  provided  for  in  Articles  2  and  4,  Guinea-
Bissau reserves the right to suspend the application of this Protocol.

Article 6

Article 7

Where severe circumstances not attributable to natural phenomena prevent fishing activities in
Guinea-Bissau’s exclusive economic zone, the  European Community may  suspend  payment
of  the  compensation  during  the  period  when  fishing  is  prevented  following  prior
consultations, where possible, between the two parties.

Payment  of  the  compensation  shall  recommence  once  the  situation  returns  to  normal  and
following consultation between the two parties confirming that the situation is likely to allow
a return to normal fishing activities.

Article 8

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

Article 9

This Protocol with its Annexes shall enter into force on the date on which the parties notify each
other of the completion of the procedures necessary for that purpose.

It shall apply from 16 June 2001.

8

CONDITIONS GOVERNING THE PURSUIT OF FISHING ACTIVITIES BY COMMUNITY VESSELS IN
GUINEA-BISSAU’S FISHING ZONE

ANNEX

1.

1.1.

1.2.

1.3.

1.4.

1.5.

LICENCE APPLICATION AND ISSUING FORMALITIES

The  competent  European  Community  authorities  shall  present  to  the  Ministry  of
Fisheries  of  the  Republic  of  Guinea-Bissau,  via  the  Delegation  of  the  European
Commission in Guinea-Bissau, an application for each vessel wishing to fish under
the Agreement, at least 20 days before the date  of commencement of  the  requested
term of validity.

Applications  shall  be  made  on  the  forms  provided  for  that  purpose  by  the
Government  of  the  Republic  of  Guinea-Bissau,  a  specimen  of  which  is  attached
(Appendix 1).

Licence  applications  shall  be  accompanied  by  proof  of  payment  of  the  fee  for  the
licence’s  term  of  validity,  the  amount  laid  down  in  6.2  below  and,  in  the  case  of
freezer trawlers, a copy of the  document  drawn  up  by  the  Member  State  certifying
the vessel’s tonnage in GRT. The fee shall be paid into the account specified by the
Guinea-Bissau authorities. The original of the licence shall be issued to the master of
the vessel or to his representative.

Should a licence application be made in respect of a vessel which has already had a
licence  under  this  Protocol  and  the  technical  characteristics  of  which  remain
unchanged,  this  application  shall  be  presented  to  the  Ministry  of  Fisheries  via  the
Delegation of the European Commission in Bissau, accompanied only by the proof
of  payment  of  the  fee  for  the  periods  in  question.  The  Ministry  of  Fisheries  shall
authorise the new licence, entering details of the first  licence application submitted
under the Protocol in force.

The  Delegation  of  the  European  Commission  in  Bissau  shall  be  notified  of  each
licence issued.

The fees shall include all national and local charges except for port charges.

The following twelve-month periods shall be used for determining the validity of the
licences:

first period:
second period:
third period:
fourth period:
fifth period:
sixth period:

16 June 2001 to 31 December 2001
1 January to 31 December 2002
1 January to 31 December 2003
1 January to 31 December 2004
1 January to 31 December 2005
1 January to 15 June 2006

No  licence  may  begin  during  a  twelve-month  period  and  end  during  the  following
twelve-month period.

9

1.6.

Licences shall be issued for specific vessels and shall not be transferable. However,
at  the  request  of  the  European  Community  and  where  force  majeure  is  proven,  a
vessel’s licence shall be replaced by a new licence for another vessel whose features
are similar to those of the  first vessel.  If  the  gross registered tonnage (GRT) of the
replacement  vessel  is  above  that  of  the  vessel  to  be  replaced,  the  difference  in  fee
must be paid pro rata temporis.

The  new  licence  shall  take  effect  on  the  day  that  the  vessel’s  owner  returns  the
cancelled licence to the Ministry of Fisheries of the Republic of Guinea-Bissau. The
Delegation of the European Commission in Bissau shall be informed of the  licence
transfer.

1.7.

Provisions applicable to freezer trawlers

1.7.1.

Licences must be kept on board at all times.

1.7.2. Before  licences  are  issued,  vessels  must  put  into  the  port  of  Bissau  once  in  each
twelve-month  period  so  that  the  inspection  required  under  the  regulations  can  be
carried  out.  This  inspection  shall  be  carried  out  exclusively  by  duly  authorised
persons and must be effected within 48 working hours of arrival of the vessel in port
if arrival has been announced at least 72 hours in advance. If the licence is not issued
within the 48-hour limit for reasons ascribable to the Ministry of Fisheries, any costs
arising shall be borne by the latter. If the vessel remains in port after the  licence is
issued, the shipowner shall bear the relevant costs and charges.

Should a new licence be allocated in that same twelve-month period, vessels whose
technical  characteristics  remain  unchanged  shall  not  be  required  to  undergo
inspection or to put into the port. However, any costs arising from the issuing of the
licence shall be borne by the shipowner.

1.7.3. Article 4(3) of the Agreement notwithstanding, licences shall be issued for three, six
or  twelve  months  and  shall  be  renewable.  Utilisation  of  the  fishing  opportunities
granted under Article 1 of the Protocol shall be calculated with regard to the term of
validity  of  licences.  In  the  first  and  last  twelve-month  periods,  licences  shall  be
payable in proportion to their term of validity.

1.7.4.

The fees payable by shipowners shall be as follows in EUR per GRT:

-

for annual licences:

197 for fin-fish trawlers,

219 for cephalopod trawlers,

279 for shrimp trawlers;

-

for six-month licences:

102 for fin-fish trawlers,

113 for cephalopod trawlers,

144 for shrimp trawlers;

10

-

for three-month licences:

52 for fin-fish trawlers,

58 for cephalopod trawlers,

73 for shrimp trawlers.

These  fees  shall  be  increased  by  5%  as  from  the  fourth  twelve-month  period  of
application of the Protocol.

1.7.5

As an alternative to the compulsory landing at market prices provided for under point
4, the supplementary fees for shipowners opting not to land fish shall be as follows:

EUR 7/GRT for three-month licences,

EUR 14/GRT for six-month licences,

EUR 23/GRT for annual licences.

1.8.

Provisions applicable to licences for tuna vessels and surface longliners

1.8.1.

1.8.2.

1.8.3.

1.8.4.

Licences must be held on board  at all times; however, once the Commission of the
European Communities has informed the Guinea-Bissau authorities that the advance
payment has been made, the latter shall enter the vessel in question in the register of
vessels  authorised  to  fish  that  is  sent  to  the  Guinea-Bissau  surveillance  authorities.
Pending  receipt  of  the  original  of  the  licence,  a  copy  of  the  licence  that  has  been
drawn up may be issued by fax to be held on board the vessel.

Licences  shall  cover  twelve-month  periods.  The  fees  shall  be  EUR  25  per  tonne
caught within Guinea-Bissau’s fishing zone.

Licences shall be issued following payment to the competent national authorities of a
lump  sum  of  EUR 2 250  per  year  for  each  tuna  seiner,  EUR 375  per  year  for  each
pole-and-line tuna vessel and EUR 625 per year for each surface longliner, covering
the fees for:

-

-

-

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

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

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

The  final  statement  of  the  fees  due  for  the  fishing  year  shall  be  drawn  up  by  the
Commission of the  European Communities  at the end of  each calendar  year  on the
basis  of  the  catch  declarations  made  by  each  shipowner  and  confirmed  by  the
scientific  institutes  responsible  for  verifying  catch  data  (ORSTOM  and  IEO).  The
statement shall be forwarded to the Ministry of Fisheries and to the shipowners at the
same  time.  Any  additional  payments  shall  be  made  by  the  shipowners  to  the
competent Guinea-Bissau authorities by  31  May  of the  following  year  at  the latest,
into  the  account  referred  to  in  1.2  above.  However,  if  the  final  statement  is  lower
than the abovementioned advance, the resulting balance shall not be reimbursed.

11

2.

CATCH DECLARATIONS

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

-
for trawlers a declaration shall be made out according to the specimen annexed
hereto (Appendix 2). The declarations 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  Appendix  3,  for  the  fishing  periods  spent  in
Guinea-Bissau’s  fishing  zone.  The  form  must  be  sent  every  six  months  to  the
Ministry  of  Fisheries  via  the  Delegation  of  the  European  Commission  in  Guinea-
Bissau. Where no fishing operations are carried out in Guinea-Bissau’s fishing zone,
shipowners  are  nevertheless  required  to  forward  a  declaration  to  the  effect  that  no
catch has been made;

forms  must  be  completed  legibly,  giving  in  particular  the  monthly  totals  per

-
species, and must be signed by the master of the vessel.

Should  these  provisions  not  be  adhered  to,  the  Government  of  Guinea-Bissau
reserves the right to suspend and, in the event of a second offence, not to renew the
licence of the offending vessel until the formality has been complied with.

3.

3.1.

BY-CATCHES

Fin-fish  trawlers  may  not  hold  on  board  crustaceans  or  cephalopods  accounting,  in
each case, for more than 9% of their total catch in Guinea-Bissau’s fishing zone.

Cephalopod  trawlers  may  not  hold  on  board  crustaceans  accounting  for  more  than
9% of their total catch in Guinea-Bissau’s fishing zone.

Shrimp trawlers may not hold on board cephalopods and fin-fish accounting for more
than 50% of their total catch in Guinea-Bissau’s fishing zone.

3.2.

Pole-and-line  tuna  vessels  shall  be  authorised  to  fish  for  live  bait  with  a  view  to
carrying out their fishing activities in Guinea-Bissau’s fishing zone.

4.

FISH LANDINGS

With a view to security of fish supplies for the local market, trawlers shall undertake to land
fish at the market price.

Community  shipowners  may  choose  between  landing  the  catch  or  an  alternative  flat-rate
payment.

12

4.1.

Should the shipowner opt to land the catch, the following quantities must be landed
at the market price:

- fin-fish trawlers: 50 kg of fish per GRT and per quarter,
- cephalod trawlers: 30 kg of fish per GRT and per quarter,
- shrimp trawlers: 10 kg of fish per GRT and per quarter,
These landings may be made individually or collectively.

Shipowners  shall  inform  the  Guinea-Bissau  Ministry  of  Fisheries  of  the  landing  as
quickly as possible and at least 48 hours before their estimated time of arrival in port,
indicating the estimated total quantity to be landed.

Landing operations should take no longer than 24 hours following the arrival of the
vessel in port. If this deadline is not met, the vessel is authorised to leave the port and
considered to have met its obligation to land the quantity declared by the shipowner.
Where this 24 hour deadline is not met, a number of fishing days proportional to the
period of landing shall be deducted from the subsequent licence for that vessel or for
another vessel designated  by  the  shipowner with  the  same  technical  characteristics.
Moreover, all port charges and costs shall be borne by Guinea-Bissau.

The above time limits shall not include Saturdays, Sundays and public holidays.

A certificate indicating the quantity and value of the catches landed shall be issued to
the captain of the vessel at the end of the landing operations.

Any failure to comply with the requirement to land catches shall incur a fine of EUR
1 000 for each tonne not landed.

4.2.

Should the shipowner opt to pay the flat-rate payment, the provisions of point 1.7.5
shall apply.

5.

SIGNING-ON OF SEAMEN

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

5.1.

Each trawler owner shall undertake to employ:

-

-

-

-

three seamen/fishermen on vessels of less than 250 GRT,

four seamen/fishermen on vessels of 250 to 400 GRT,

five seamen/fishermen on vessels of 400 to 650 GRT,

six seamen/fishermen on vessels of more than 650 GRT.

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

Such seamen shall be selected by shipowners. However, depending on training and
employment  needs,  Guinea-Bissau  may  designate  a  maximum  of  one  seaman  per
trawler.

13

5.2.

Owners  of  tuna  vessels  and  surface  longliners  shall  undertake  to  employ  Guinea-
Bissau nationals, subject to the conditions and limits set out below:

for  the  fleet  of  tuna  seiners,  seven  Guinea-Bissau  seamen  shall  be  signed  on

-
during the fishing season in Guinea-Bissau’s fishing zone,

-
for  the  fleet  of  pole-and-line  tuna  vessels  and  surface  longliners,  seventeen
Guinea-Bissau  seamen  shall  be  signed  on  for  the  tuna  fishing  season  in  Guinea-
Bissau’s fishing zone, all of them to be assigned to different vessels.

5.3.

The wages of these seamen/fishermen  shall be fixed, before licences are  issued,  by
common agreement between the shipowners or their representatives and the Ministry
of  Fisheries;  wages  shall  be  paid  by  the  shipowners  and  must  include  the  social
contributions to which seamen are subject (including life assurance and accident and
sickness insurance).

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

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

6.

OBSERVERS ON BOARD

6.1.

Each trawler shall take on board an observer appointed by the Ministry of Fisheries.

Observers shall not normally  remain on  board  for  more than  two  consecutive trips.
The  embarkation  and  debarkation  of  observers  may  not  interrupt  trips  or  fishing
operations.

6.2.

Observers shall be treated as officers. They shall:

–  observe the fishing activities of the vessels,

–  perform biological sampling in the context of scientific programmes,

–  note the fishing gear used,

–  verify the catch data for Guinea-Bissau’s zone recorded in the logbook,

–  report fishing data by radio at least once a week.

While on board, observers shall:

–  take all appropriate steps to ensure that the conditions under which they are taken
on board and their presence on board do not interrupt or hamper fishing activities,

–  respect  the  material  and  equipment  on  board  and  the  confidentiality  of  all

documents belonging to the vessel,

14

–  draft  an  activity  report  to  be  transmitted  to  the  competent  Guinea-Bissau
authorities. Those authorities shall send a copy of the report, after processing and
within one week, to the Delegation of the European Commission in Bissau.

The terms of observers’ embarkation are to be agreed between the shipowner or his
agent  and  the  Guinea-Bissau  authorities.  Their  wages  and  social  insurance
contributions are to be paid by the Ministry of Fisheries.

As  a  contribution  to  the  costs  arising  from  the  presence  of  the  observer  on  board,
together with the licence fee the  shipowner shall pay  the  Guinea-Bissau  authorities
the sum  of  EUR  10 per  GRT  per  year  pro  rata  temporis  for  each  vessel  fishing  in
Guinea-Bissau waters.

Should the observer be taken on board in a foreign port, his travelling costs shall be
borne  by  the  shipowner.  Should  a  vessel  with  an  observer  from  Guinea-Bissau  on
board leave the Guinea-Bissau fishing zone, all measures must be taken to ensure the
observer’s return to Bissau as soon as possible at the expense of the shipowner.

If  the  observer  is  not  present  at  the  time  and  place  agreed  and  during  the  twelve
hours following the time agreed, the shipowner shall be automatically absolved of his
obligation to take the observer on board.

6.3.

Tuna seiners and surface longliners shall take an observer on board at the request of
the Ministry of Fisheries.

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

7.

INSPECTION AND MONITORING

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

8.

FISHING ZONES

Freezer trawlers as referred to in Article 1 of the Protocol shall be authorised to fish in waters
beyond 12 nautical miles from the base lines.

9.

AUTHORISED MESH SIZE

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

(a) 70 mm for fin-fish vessels,
(b) 70 mm for cephalopod vessels,
(c) 40 mm for shrimp vessels,
(d) 16 mm for fishing for live bait.

Outrigger fishing shall be authorised.

15

10.

ENTERING AND LEAVING THE ZONE

Community vessels fishing under the Agreement in Guinea-Bissau’s fishing zone shall report
the  date  and  time  and  their  position  to  the  radio  station  of  the  Ministry  of  Fisheries  on
entering and leaving Guinea-Bissau’s fishing zone.

When  licences  are  issued,  the  Ministry  of  Fisheries  shall  inform  the  shipowners  of  the  call
sign, frequency and working hours of the station.

Where  they  cannot  communicate  information  by  radio,  vessels  may  use  alternative  means,
such as telex, telegram or fax (numbers 20.11.57, 20.19.57 and 20.16.84).

11.

11.1.

BOARDING AND APPLICATION OF PENALTIES

The  Delegation  of  the  European  Commission  in  Guinea-Bissau  shall  be  notified
within  48  hours  of  any  boarding  of  or  application  of  penalties  to  a  fishing  vessel
flying  the  flag  of  a  Member  State  of  the  Community  and  operating  under  this
Agreement in Guinea-Bissau’s waters and shall at the same time receive a summary
report of the circumstances surrounding the boarding or application of penalties and
the reasons leading to it.

Where boarding takes place, before any judicial proceedings are initiated, an attempt
shall be made to settle the alleged infringement through an administrative procedure.
This procedure shall end no later than three working days after the boarding.

11.2.

If the case cannot be settled by administrative procedure and has to be brought before
a competent judicial body,  the  competent  authority  shall  set  a  bank  security  within
forty-eight hours of completion of the administrative procedure, pending the judicial
decision.  The  security  shall  not  exceed  the  maximum  fine  provided  for  under
national legislation in respect of the alleged infringement.

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

The vessel and its crew shall be released:

either  on  fulfilment  of  the  obligations  arising  from  the  administrative

-
procedure, or

-

once the bank security has been lodged.

12.

PROVISIONING ZONES

Community  vessels  wishing  to  carry  out  refuelling  within  12  nautical miles  of  the  coast  must
comply with national legislation in this respect.

16

Appendix 1

APPLICATION
FORM FOR A FISHING
LICENCE

For official use only

Remarks

Nationality:…………………………………….

………………………………………………..

Licence No: ……………………..…………….

………………………………………………..

Date of signing: ……………….………………

………………………………………………..

Date of issue: …………………………………

………………………………………………...

17

APPLICANT

Name of firm:.......................................................................................................................................................

Trade register No: ................................................................................................................................................

First name and surname of applicant: ..................................................................................................................

Date and place of birth: ........................................................................................................................................

Occupation: ..........................................................................................................................................................

Address: ...............................................................................................................................................................

.............................................................................................................................................................................

No of employees: .................................................................................................................................................

Name and address of agent: .................................................................................................................................

.............................................................................................................................................................................

VESSEL

Type of vessel: ..................................................... Registration No: ....................................................................

New name: ........................................................... Former name: ........................................................................

Date and place of construction:............................................................................................................................

Original nationality: .............................................................................................................................................

Length: ...........................................Beam:............................................. Depth: ..................................................

Gross tonnage:...................................................... Net tonnage: ..........................................................................

Type of building materials: ..................................................................................................................................

Make of main engine: .....................................Type: ........................................ Horsepower: .............................

Propeller:

Fixed: (cid:1)

Variable:

(cid:1)

Ducted: (cid:1)

Transit speed: .......................................................................................................................................................

Call sign: .............................................................. Call frequency: ......................................................................

List of sounding, navigating and transmission instruments:

Radar: (cid:1)

VHF: (cid:1)

Sonar:

SSB:

(cid:1)

(cid:1)

Net sounder:

(cid:1)

Satellite navigation: (cid:1) Other: ...............................

No of seamen: ......................................................................................................................................................

18

CONSERVATION

Packed in ice: (cid:1)

Ice and refrigeration:

(cid:1)

Freezing: In brine:

(cid:1)

Dry: (cid:1)

Refrigerated sea water: (cid:1)

Total refrigerating power: ....................................................................................................................................

..................................................................................................................................................

Freezing capacity in tonnes/24 hours:..................................................................................................................

Hold capacity: ......................................................................................................................................................

TYPE OF FISHING

A.

Demersal

Inshore demersal:(cid:1)

Deep-sea demersal:

(cid:1)

Type of trawl:

Cephalopods: (cid:1)

Shrimps:

(cid:1)

Fish: (cid:1)

Length of trawl:...................................... Length of headline:................................................................

Mesh size in the body: ...........................................................................................................................

Mesh size in the wings:..........................................................................................................................

Speed of trawling: ..................................................................................................................................

B.

Deep-sea pelagic (tuna)

Pole and line: (cid:1)

No of poles and lines:

(cid:1)

Seine: (cid:1)

Length of net: ......................Depth of net: ..............................................................

No of tanks.........................................................Capacity in tonnes:.....................................................

C.

Longlines and pots

Surface: (cid:1)

Bottom: (cid:1)

Length of lines: ..................................................No of hooks:...............................................................

No of lines:.............................................................................................................................................

No of pots: .............................................................................................................................................

19

SHORE INSTALLATIONS

Address and permit No: .......................................................................................................................................

.............................................................................................................................................................................

Name of firm:.......................................................................................................................................................

Activities:.............................................................................................................................................................

Domestic wholesale fish trade:

(cid:1)

Export: (cid:1)

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.

20

Technical remarks

Authorisation of the State ministry

21

Appendix 2

MINISTRY OF FISHERIES

STATISTICS ON CATCH AND EFFORT

Name of vessel:

Nationality:

Engine power:

Gross registered tonnage:

Month:

Fishing method:

Port of landing:

Year:

Date

Fishing area
Longitude

Latitude

Number of hauls

Number of
hours fishing

Species of fish

Totals

1/

2/

3/

4/

5/

6/

7/

8/

9/

10/

11/

12/

13/

14/

15/

16/

17/

18/

19/

20/

21/

22/

23/

24/

25/

26/

27/

28/

29/

30/

31/

TOTAL

22

Name of vessel:……………………………………………
Flag country: ……………………………...........................
Registration No:.......………………...................................
Owner:
…………………………………………………………
Address:
………………………………………………………………
…………………………………………………………….

Appendix 3

TUNA VESSELS FISHING LOGBOOK

Gross tonnage:…………………………………….
Capacity (mt):…………………………………..
Captain: ………………………………………….
No of crew:
Reporting date: ………………………………….
Reported by: …………………………………….

Vessel left:
Vessel
returned:

Month

Day

Year

Port

Fishing method

Longline

Purse seine

Trawl
Other

No of days at
sea:

………

No 
of 
No of sets made:

fishing 

days:

……………..

Trip No:

……………..

………………………………

Date

Area

Day/
month

/

W
E
e
d
u
t
i
g
n
o
L

S
/
N
e
d
u
t
i
t
a
L

o
N

t
e
S

Water
temp.,
surface
(°C)

Fishin
g
effort
No  of
hooks
used

 Bluefin
tuna
Thunnus
maccoyii

Yellowfin
tuna
Thunnus
albacares

Bigeye tuna
Thunnus
obesus

Albacore
Thunnus
alalunga

Swordfish
Xiphias
gladius

Catch

Striped
marlin
Tetrapturus
audax

Black marlin
Makaira indica

Sailfish
Istiophorus
spp.

Skipjack
Katsuwonus
pelamis

Mixed
catches

Daily total

Bait used

y
r
u
a
S

d
i
u
q
S

t
i
a
b
e
v
i
L

s
r
e
h
t
O

No

kg

No

kg

No

kg

No

kg

No

kg

No

kg

No

kg

No

kg

No

kg

No

kg

No

kg

Landing weight (in kg)

23

 
 
 
 
AGREEMENT

in the form of an Exchange of Letters
concerning the provisional application of the Protocol establishing the fishing
opportunities and the compensation provided for in the Agreement between the
European Economic Community and the Government of the Republic of Guinea-Bissau
on fishing off the coast of Guinea-Bissau for the period 16 June 2001 to 15 June 2006

A.

Letter from the Government of the Republic of Guinea-Bissau

Sir,

With  reference  to  the  Protocol  initialled  on  30  May  2001  establishing  the  fishing
opportunities and the compensation for the period 16 June 2001 to 15 June 2006, I have the
honour to inform you that the Government of the Republic of Guinea-Bissau is ready to apply
the  Protocol  on  a  provisional  basis,  with  effect  from  16  June  2001,  pending  its  entry  into
force in accordance with Article 9 of the Protocol, provided that the Community is prepared
to do the same.

This  is  on  the  understanding  that  the  first  annual  instalment  of  the  financial  compensation
specified in Article 2 of the Protocol is to be paid before 15 January 2002.

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

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

For the Government of the Republic of Guinea-Bissau

24

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 30 May 2001 establishing the fishing opportunities
and the compensation for the period 16 June 2001 to 15 June 2006, I have the honour to inform
you that the Government of the Republic of Guinea-Bissau is ready to apply the Protocol on a
provisional basis, with effect from 16 June 2001, pending its entry into force in accordance with
Article 9 of the Protocol, provided that the Community is prepared to do the same.

This  is  on  the  understanding  that  the  first  annual  instalment  of  the  financial  compensation
specified in Article 2 of the Protocol is to be paid before 15 January 2002.

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

I have the honour to confirm the Community’s agreement to such provisional application.

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

On behalf of the Council of the European Union

25