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: 2002-01-22
Institutions: European Community, Guinea-Bissau
Subjects: Guinea-Bissau, agreement (EU), catch quota, financial compensation of an agreement, fishing agreement, fishing regulations

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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

PROTOCOL

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;

(b) freezer fin-fish and cephalopod trawlers: 2 800 gross

registered tonnes per year;

2. freezer tuna seiners: 40 vessels;

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

11 of the Agreement and, where necessary and by common
agreement, take measures to ensure the sustainable manage-
ment 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 2

Article 4

For the first three years of application of the Protocol, the
1.
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).

2.
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
3.
have full discretion regarding the use to which the financial
compensation is put.

The financial compensation shall be paid into an account
4.
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-discrim-
ination 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.

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

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
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 fish-
eries sector: EUR 200 000 per year;

the evolution of

(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 fish-
eries 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;

(d) fisheries surveillance, including setting up a satellite vessel

monitoring system (VMS): 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 meas-
ures, the content and arrangements for which shall be
defined by common agreement between the two parties:
EUR 40 000 per year.

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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.

Article 6

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 5

Article 7

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
include information on the implementation of
report shall
training measures financed by the payments from shipowners
provided for in point 5.3 of the Technical Annex.

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

to reconsider

the right

attributable

circumstances not
fishing

to natural
Where
severe
in Guinea-Bissau's
phenomena prevent
the European Community may
exclusive economic zone,
suspend payment of the compensation during the period when
fishing is prevented following prior consultations, where
possible, between the two parties.

activities

the compensation shall recommence once the
Payment of
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.

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

ANNEX

1.

Licence application and issuing formalities

1.1.

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).

1.2.

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 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.

1.3.

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

1.4.

The fees shall

include all national and local charges except for port charges.

1.5.

The following 12-month periods shall be used for determining the validity of the licences:

first period: 16 June 2001 to 31 December 2001

second period: 1 January to 31 December 2002

third period: 1 January to 31 December 2003

fourth period: 1 January to 31 December 2004

fifth period: 1 January to 31 December 2005

sixth period: 1 January to 15 June 2006

No licence may begin during a 12-month period and end during the following 12-month period.

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
If the gross registered tonnage (GRT) of the
vessel whose features are similar to those of the first vessel.
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 12-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 12-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.

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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 12-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;

— 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 12-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. 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.

1.8.2. Licences shall cover 12-month periods. The fees shall be EUR 25 per tonne caught within Guinea-Bissau's fishing

zone.

1.8.3. 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.

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

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;

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— 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.

By-catches

3.1.

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.

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.

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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.

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, 17 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,

— 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 12 hours following the time agreed, the
shipowner shall be automatically absolved of his obligation to take the observer on board.

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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.

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.

Procedure for boarding and application of penalties

11.1. 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 48 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.

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Appendix 1

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