Proposal for a Council Regulation on the conclusion of the Agreement in the form of an Exchange of Letters concerning the extension of the 2000-2001 Protocol setting out the fishing opportunities and financial contribution provided for in the Agreement between the European Economic Community and the Government of the Revolutionary People's Republic of Guinea on fishing off the Guinean coast for the period 1 January 2003 to 31 December 2003
Date: 2003-03-10
Institutions: European Commission
Subjects: Guinea, financial compensation of an agreement, fishing agreement, fishing area, interim agreement (EU)

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 10.3.2003
COM(2003) 107 final

2003/0049 (CNS)

Proposal for a

COUNCIL REGULATION

on the conclusion of the Agreement in the form of an Exchange of Letters concerning
the extension of the 2000-2001 Protocol setting out the fishing opportunities and
financial contribution provided for in the Agreement between the European Economic
Community and the Government of the Revolutionary People's Republic of Guinea on
fishing off the Guinean coast for the period 1 January 2003 to 31 December 2003

(presented by the Commission)

EXPLANATORY MEMORANDUM

The  Protocol  to  the  Fisheries  Agreement  between  the  European  Community  and  the
Revolutionary  People's  Republic  of  Guinea  expired  on  31  December  2001.  Pending  the
negotiations on the amendments to be made to the  Protocol to the  Fisheries  Agreement,  the
two  parties  had  decided  to  extend  the  expired  Protocol  for  a  period  of  one  year,  from
1 January 2002 to 31 December 2002.

During  this  period,  a  scientific  trawl  survey  aimed  at  evaluating  the  state  of  resources  direct
should have been conducted in Guinean waters. As a result of technical problems affecting the
research ship which was to carry out the survey in June 2002, the operation was postponed until
October  2002,  and  the  two  parties  came to  realise  that  the  technical  and  scientific  data  which
they were awaiting would not now be available until the beginning of 2003.  Since this  data is
highly  relevant  from  the  point  of  view  of  renegotiating  a  new  longer-term  Protocol,  the  two
parties have agreed on a second one-year extension. This extension, in the form of an Exchange
of  Letters,  was  initialled  by  both  parties  and  sets  out  the  technical  and  financial  conditions
governing the fishing activities of Community vessels off the Guinean coast during the period
1 January 2003 to 31 December 2003.

During  2003,  scientific  data  will  be  gathered  and/or  analysed  in  order  to  ensure  that  any
proposal  for  a  new  Protocol  or  an  extension  of  the  existing  Protocol  can  guarantee  the
sustainable exploitation of the fisheries resources which are the subject of the Agreement.

The Commission proposes, on this basis, that the Council adopt the Agreement in the form of
an Exchange of Letters on the extension of the Protocol.

A  proposal  for  a  Council  Decision  on  the  provisional  application  of  the  Agreement  in  the
form of an Exchange of letters concerning the extension pending its definitive entry into force
is the subject of a separate procedure.

2

2003/0049 (CNS)

Proposal for a

COUNCIL REGULATION

on the conclusion of the Agreement in the form of an Exchange of Letters concerning
the extension of the 2000-2001 Protocol setting out the fishing opportunities and
financial contribution provided for in the Agreement between the European Economic
Community and the Government of the Revolutionary People's Republic of Guinea on
fishing off the Guinean coast for the period 1 January 2003 to 31 December 2003

THE COUNCIL OF THE EUROPEAN UNION,

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular
Article 37  in  conjunction  with  Article  300(2)  and  the  first  subparagraph  of  Article  300(3)
thereof,

Having regard to the proposal from the Commission1,

Having regard to the opinion of the European Parliament2,

Whereas:

(1) 

(2) 

The  European  Community  and  the  Republic  of  Guinea  have  held  negotiations  to
determine  the  amendments  or  additions  to  be  made  to  the  Agreement  between  the
European  Economic  Community  and  the  Government  of  the  Revolutionary  People's
Republic  of  Guinea  on  fishing  off  the  Guinean  coast3  at  the  end  of  the  period  of
application of the Protocol thereto.

During the negotiations, the two parties decided to extend the current Protocol4 for a
second one-year period, from 1 January 2003 to 31 December 2003, by means of an
Agreement  in  the  form  of  an  Exchange  of  Letters,  pending  the  conclusion  of  the
negotiations on the amendments to be made to the Protocol.

(3) 

It is in the Community's interest to approve that extension.

(4) 

The  allocation  of  the  fishing  opportunities  for  trawlers  and  tuna  boats  among  the
Member States should be confirmed,

1

2

3

4

OJ C …, …, p. …
Opinion delivered on … (not yet published in the Official Journal).
OJ L 111, 27.4.1983, p. 1.
The  current  Protocol  was  approved  by  Council  Regulation  (EC)  No  445/2001  of  26  February  2001
(OJ L 64, 6.3.2001). For the text of the Protocol, see OJ L 250, 5.10.2000. The Protocol was extended
for one year by Council Regulation (EC) No 924/2002 of 30 May 2002 (OJ L 144, 1.6.2002).

3

                                                
HAS ADOPTED THIS REGULATION :

Article 1

The  Agreement  in  the  form  of  an  Exchange  of  Letters  concerning  the  extension  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
Revolutionary  People's  Republic  of  Guinea  on  fishing  off  the  Guinean  coast  for  the  period
1 January  2003  to  31 December 2003  is  hereby  approved  on  behalf  of  the  European
Community.

The text of the Agreement is attached to this Regulation.

The fishing opportunities for trawlers and tuna boats fixed in Article 1 of the Protocol shall be
allocated pro rata temporis among the Member States as follows:

Article 2

(a) fin-fish/cephalopods:

(b) shrimps

(c) tuna seiners

(d) pole-and-line tuna vessels

(e) surface longliners:

Spain

Italy

Greece

Spain

Portugal

Greece

France

Spain

France

Spain

Spain

Portugal

844 GRT

750 GRT

906 GRT

1 050 GRT

300 GRT

150 GRT

19 vessels

19 vessels

7 vessels

7 vessels

14 vessels

2 vessels

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

Article 3

The Member States whose vessels fish under this Agreement shall notify the Commission of
the  quantities  of  each  stock  caught  within  the  fishing  zone  of  the  Republic  of  Guinea  in
accordance with Commission Regulation (EC) No 500/20015.

5

OJ L 73, 15.3.2001, p. 8.

4

                                                
Article 4

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

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

Done at

For the Council
The President

5

AGREEMENT

in the form of an Exchange of Letters concerning the extension 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 Revolutionary
People's Republic of Guinea on fishing off the Guinean coast for the period
1 January 2003 to 31 December 2003

A.

Letter from the Community

Sirs,

I  have  the  honour  to  confirm  that  we  agree  to  the  following  interim  arrangements  for  the
extension of the Protocol currently in force (1 January 2000 to 31 December 2001, extended
from 1 January 2002 to 31 December 2002) setting out the fishing opportunities and financial
contribution  provided  for  in  the  Fisheries  Agreement  between  the  Government  of  the
Revolutionary  People's  Republic  of  Guinea  and  the  European  Economic  Community  on
fishing off the Guinean coast, pending the negotiations on the amendments to be made to the
Protocol to the Fisheries Agreement:

1.

2.

The arrangements applicable over the last three years will be extended for the period
from 1 January 2003 to 31 December 2003. The Community's financial contribution
under the interim arrangements will correspond to the yearly amount provided for in
Article  2  of  the  Protocol  currently  in  force.  Payment  will  be  made  no  later  than
30 June 2003. Payment of the financial contribution provided for in Article 6 and the
terms relating thereto will also apply.

During  the  interim  period,  fishing  licences  will  be  granted  within  the  limits  set  in
Article  1  of  the  Protocol  currently  in  force,  by  means  of  fees  or  advances
corresponding  to  those  set  in  point  1  of  the  Annex  to  the  Protocol.  The  fees
applicable to trawlers will be those for the second year.

I should be obliged if you would acknowledge receipt of this letter and confirm that you are in
agreement with its contents.

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

On behalf of the Council of the European Union

6

B.

Letter from the Government of the Republic of Guinea

Sirs,

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

I  have  the  honour  to  confirm  that  we  agree  to  the  following  interim  arrangements  for  the
extension of the Protocol currently in force (1 January 2000 to 31 December 2001, extended
from 1 January 2002 to 31 December 2002) setting out the fishing opportunities and financial
contribution  provided  for  in  the  Fisheries  Agreement  between  the  Government  of  the
Revolutionary  People's  Republic  of  Guinea  and  the  European  Economic  Community  on
fishing off the Guinean coast, pending the negotiations on the amendments to be made to the
Protocol to the Fisheries Agreement:

1.

2.

The arrangements applicable over the last three years will be extended for the period
from 1 January 2003 to 31 December 2003. The Community's financial contribution
under the interim arrangements will correspond to the yearly amount provided for in
Article  2  of  the  Protocol  currently  in  force.  Payment  will  be  made  no  later  than
30 June 2003. Payment of the financial contribution provided for in Article 6 and the
terms relating thereto will also apply.

During  the  interim  period,  fishing  licences  will  be  granted  within  the  limits  set  in
Article  1  of  the  Protocol  currently  in  force,  by  means  of  fees  or  advances
corresponding  to  those  set  in  point  1  of  the  Annex  to  the  Protocol.  The  fees
applicable to trawlers will be those for the second year.

I should be obliged if you would acknowledge receipt of this letter and confirm that you are in
agreement with its contents."

I have the honour to confirm that the above is acceptable to the Government of the Republic
of Guinea and that your letter and this letter constitute an agreement in accordance with your
proposal.

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

For the Government of the Republic of Guinea

7

LEGISLATIVE FINANCIAL STATEMENT

Policy area(s): External aspects of fisheries policy

Activity(ies): International Fisheries Agreements

TITLE OF ACTION

SECOND  EXTENSION  OF  THE  2000-01  PROTOCOL  SETTING  OUT  THE  FISHING
OPPORTUNITIES AND FINANCIAL COMPENSATION UNDER THE EC/REPUBLIC OF GUINEA
FISHERIES AGREEMENT FOR 1 JANUARY TO 31 DECEMBER 2003.

1.

BUDGET LINE(S) + HEADING(S)

2.

2.1

2.2

2.3

B78000: International Fisheries Agreements

OVERALL FIGURES

Total allocation for action (Part B):

minimum €2.96 million in payment appropriations

maximum €3.33 million in payment appropriations

Period of application: 1.1.2003 to 31.12.2003

Overall multiannual estimate of expenditure:

minimum €2.96 million in payment appropriations

maximum €3.33 million in payment appropriations

(a)  Schedule  of  commitment  appropriations/payment  appropriations  (financial  intervention)
(see point 6.1.1)

€ million (to three decimal places)

Commitments
Payments

n + 1

n + 2

n + 3 N + 4

---
---

---
---

---
---

---
---

Year n

3.330
Min.
2.960
Max.
3.330

n + 5
and
subs.
fin.
year
---
---

Total

3.330
Min.
2.960
Max.
3.330

(b) Technical and administrative assistance and support expenditure (see point 6.1.2)

Commitments

Payments

8

Subtotal a+b

Commitments
Payments

3.330
Min.
2.960
Max.
3.330

---
---

---
---

---
---

---
---

---
---

3.330
Min.
2.960
Max.
3.330

(c)  Overall  financial  impact  of  human  resources  and  other  administrative  expenditure  (see
points 7.2 and 7.3)

Commitments/paym
ents

TOTAL a+b+c

Commitments
Payments

0.121

---

---

---

---

---

0.121

---
---

---
---

---
---

---
---

---
---

3.451
Min.
3.081
Max.
3.451

4.484
Min.
3.081
Max.
3.451

2.4

Compatibility with financial programming and financial perspective

X

Proposal compatible with existing financial programming.

(cid:1) This  proposal  will  entail  reprogramming  of  the  relevant  heading  in  the
financial perspective.

(cid:1) This  may  entail  application  of  the  provisions  of  the  Interinstitutional
Agreement.

2.5

Financial impact on revenue:

No financial implications (involves technical aspects regarding implementation

X
of a measure)

OR

(cid:1) Financial impact - the effect on revenue is as follows:

Note:  All  details  and  observations  pertaining  to  the  method  of  calculating  the
effect on revenue should be included in a separate annex.

€ million (to one decimal place)

Situation following action
n+4
n+1

n+2

n+3

n+5

Budget
line

Revenue

Prior
to
action
(year
n-1)

Year
n3

(a)Revenue  in  absolute
terms1
(b) Change in revenue2

 (cid:1)

9

3.

BUDGET CHARACTERISTICS

Type of expenditure

New

EFTA
contribution

Contributions
from
applicant
countries

Heading in
financial
perspective

CE

DA

NO

NO

NO

4

4.

LEGAL BASIS

Article  37  of  the  Treaty,  in  conjunction  with  Article  300(2)  and  the  first
subparagraph of Article 300(3).

EC/Republic of Guinea Fisheries Agreement (OJ L 111, 27.4.1983).

5.

5.1

DESCRIPTION AND GROUNDS

Need for Community intervention

5.1.1 Objectives pursued

The current Protocol to the Fisheries Agreement  between  the European  Community  and the
Republic of Guinea expired on 31 December 2001.

The two parties had decided to extend the current Protocol for a first period of one year, from
1 January 2002 to 31 December 2002.

The results of a study to evaluate stocks direct were expected in 2002, following a scientific
trawl survey which was scheduled to be carried out in June. As a result of technical problems
with the research ship which was to conduct the operation, the survey could not in the end be
carried  out  until  mid-October.  Noting  that  the  results  of  this  survey  would  not  be  available
until the beginning of 2003, and that they would be highly relevant to the future negotiations,
the two parties have decided to extend the Protocol for a second time, from 1 January 2003 to
31 December 2003, so that they may enter into negotiations on a longer-term Protocol during
this period with the most recent data at their disposal.

The purpose of this second extension is to allow Community shipowners to continue fishing
(in particular for shrimp, demersal fish species, cephalopods and tuna) in Guinea's exclusive
economic  zone  (EEZ)  pending  the  negotiations  on  the  amendments  to  be  made  to  the
Protocol.

A specific ex ante evaluation of the proposal to extend the current protocol provisionally has
not been carried  out  in view of  its temporarily limited  character, i.e.  extension  for  one  year
only, on unaltered conditions, but the Agreement is clearly profitable in that the value of the
cephalopods, shrimp and demersal species that can be caught in the Republic of Guinea under
the  Agreement  far  exceeds  its  cost.  In  addition  to  the  direct  sale  value  of  catches,  the
Agreement also offers the following advantages:

– 

guaranteed employment on board fishing vessels,

10

– 

– 

– 

the  multiplier  effect  on  jobs  for  the  ports,  auctions,  processing  factories,
shipyards and service industries in the regions concerned,

these jobs are created in regions where there are no alternatives to fishing,

guaranteeing the supply of fishery products to the Community market.

Clearly, the list of advantages must include the importance of relations with the Republic of
Guinea, both in the fisheries sector and in the political sphere.

It should be remembered that the guidelines laid down by the Council for negotiating fisheries
agreements with ACP States specify that account must be taken of the Community's interest
in maintaining or establishing fisheries relations with the countries concerned.

5.1.2 Measures taken in connection with ex ante evaluation

The 2000-2001 Protocol and the first extension (from 1 January 2000 to 31 December 2002)
have been evaluated by the relevant departments of the Commission's DG Fisheries.

A  thorough  ex  ante  evaluation  as  required  by  the  Financial  Regulation  will  be  carried  out
before  the  negotiation  and  conclusion  of  a  new  protocol,  when  the  availability  of  key
statistical information (see point 5.1.1 above) so allows. In any case, the period during which
a  provisional  extension  applies  will  be  covered  by  an  intermediate/ex  post  evaluation  (see
point 8.2 below). DG Fisheries plans to have an external expert evaluation carried out to assist
it in performing these tasks.

On the expiry of the 2000-2001 Protocol, the Commission did not have all the evaluation data
required to prepare a sound negotiating strategy. In particular, the Commission did not have
any  information  on  compliance  in  2001  with  the  conditions  for  payment  of  the  financial
contribution (Article 6 of the Protocol), the purpose of which is to implement a plan to reduce
the overall fishing effort with a view to allowing the recovery of certain demersal stocks. This
verification,  carried  out  in  March  2002,  was  positive  (so  that  a  substantial  portion  of  the
additional  financial  contribution  was  paid),  but  it  was  thought  inappropriate  to  embark  on
negotiations for a new Protocol before knowing whether the plan to reduce the overall fishing
effort had produced the desired effects; the outcome of the studies to evaluate stocks direct,
expected at the beginning of 2003, will therefore be highly relevant.

Since  it  was  not  possible  to  acquire  such  information  in  time,  both  the  Community  and  the
Government  of  the  Republic  of  Guinea  have  agreed  to  extend  the  current  Protocol  for  one
year.  This  solution  will  make  it  possible  to  assess  the  impact  of  the  conservation  measures
implemented under the current Protocol over a longer period and on the basis of the research
results, which are now expected to be available at the beginning of 2003.

As regards the extension of the Protocol for the  year 2002, no major difficulties arose in its
implementation  and  the  utilisation  rates  for  the  various  categories  were  on  the  whole
satisfactory.  As  indicated  above,  the  conditions  for  payment  of  the  financial  contribution
towards  the  costs  generated  by  the  implementation  of  the  plan  to  reduce  the  overall  fishing
effort  in  accordance  with  Article  6  of  the  Protocol  for  the  year  2001,  of  a  maximum  of
€370 000 a year, were broadly fulfilled (except as regards the minimum number of inspection
days on the high seas agreed between the parties), and an amount of €317 460 was therefore
paid in this connection in 2002.

11

5.1.3 Measures taken following ex post evaluation

A full ex post evaluation was not possible in the absence of the results of the stock evaluation,
which were expected in mid-2002. The 2000-2001 Protocol is therefore being extended for a
second time and negotiations on a new Protocol have been put off for one year. A detailed ex
post evaluation for the validity period of the present Protocol, including these extensions, will
be  carried  out  before  a  proposal  on  the  conclusion  of  a  new  Protocol  is  presented  (see
Section 8(2) below). DG Fisheries plans to have an external expert evaluation carried out to
assist it in performing these tasks.

5.2

Actions envisaged and arrangements for budget intervention

Extending  the  current  Protocol  enables  Community  fishermen  to  continue  to  fish  in  waters
over  which  the  Republic  of  Guinea  has  sovereignty  or  jurisdiction  from  1  January  2003  to
31 December 2003.

For  the  extension  period,  the  Community  will  thus  pay  a  total  financial  contribution  of
€2 960 000 (of which €1 600 000 will be paid by way of financial compensation to the Public
Treasury and the rest - €1 360 000 - will be used to finance targeted measures). The financial
compensation must be paid to the Guinean authorities before 30 June 2003, and will be used
as the Republic of Guinea sees fit.

The  overall  financial  contribution  can  be  increased  by  the  contribution  provided  for  in
Article 6 which concerns the implementation of a reduction in the overall fishing effort in the
Republic of Guinea. The amount of that contribution may not exceed €370 000 a year, which
brings the maximum total financial contribution to €3 300 000.

Of the total financial contribution, €1 360 000 is explicitly earmarked for specific measures to
develop  fisheries  (scientific  research,  surveillance  at  sea,  training,  aid  for  non-industrial
fisheries,  etc).  These  measures  account  for  46%  of  the  total  cost  of  the  Agreement.  This
shows the Commission's concern to ensure not only the development of fisheries activities for
Community vessels but also sustainable development of  fisheries in the Republic of  Guinea
and closer monitoring of the implementation of measures (see Article 4 of the Protocol).

The shipowners' fees are confirmed at the same level as for the second year of application of
the 2000-2001 Protocol.

5.3

Methods of implementation

The Commission is solely responsible for implementing the Protocol and will do so through
its officials posted in both Brussels and its Delegation in the Republic of Guinea.

12

6.

6.1

FINANCIAL IMPACT

Total financial impact on Part B (over the entire programming period)

6.1.1 Financial intervention

Commitments in € million (to three decimal places)

Breakdown

Financial contribution
(FC)
Targeted  measures  (part  of
the total FC)
Financial  contribution  for  the
the  overall
reduction  of 
fishing effort (Article 6 of the
Protocol, additional FC)

TOTAL

Year n

n + 1

 n + 2

n + 3

n + 4

n + 5 and
subs.
years

2.960

1.360

Max.
0.370

Min.
2.960
Max.
3.330

Total

2.960

1.360

Max.
0.370

Min.
2.960
Max.
3.330

6.1.2. Technical and administrative assistance, support expenditure and IT expenditure
(commitment appropriations)

Year n

n + 1

 n + 2

n + 3

n + 4

Total

N + 5 and
subs.
years

(1) Technical and
administrative assistance:
(a) Technical assistance
offices
(b) Other technical
and administrative
assistance:
- intra-muros:
- extra-muros:
of which for construction
and maintenance of
computerised management
systems

Subtotal 1
(2) Support expenditure
(a) Studies
(b) Meeting of experts
(c) Information and
publications
Subtotal 2

TOTAL

13

6.2.

Calculation  of  costs  by  measure  envisaged  in  Part  B  (over  the  entire
programming period)

Commitments in € million (to three decimal places)

Breakdown

Actions 1, 2 and 3

Type of
outputs
(projects, files,
etc.)
1

Number of
outputs
(total for years
1…n)
2

Fishing
opportunities
in exchange
for a financial
contribution

4 000 GRT for
trawlers and
68 tuna boats

Average unit
cost

Total cost
(total for years
1…n)

3

4=(2X3)

3.330

3.330 per year

TOTAL COST

3.300

7.

IMPACT ON STAFF AND ADMINISTRATIVE EXPENDITURE

The requirements for human and administrative resources must be covered from the
managing DG's allocation.

7.1.

Impact on human resources

Staff to be assigned to management
of the action using existing and/or
additional resources

Types of post

Number of
temporary posts

Number of
permanent posts
1
1
1

3

A
B
C

human

Officials or
temporary
staff

Other 
resources
Total

Total
Men/
month
s

4
0.5
0.5

5

Description of tasks deriving
from the action

These 
represent 
responsible 
agreements.

human 
the 

entire 

resources
unit
bilateral

for 

7.2

Overall financial impact of human resources

Type of human resources

Amount in €

Method of calculation *

Officials
Temporary staff

Other human resources

37 791

(100 000/12*4)+(60 000/12*0.5)
+ (47 000/12*0.5)

(Budget lines A-7000 and A-7003)

Total

37 791

The amounts are total expenditure for twelve months.

14

7.3

Other administrative expenditure deriving from the action

Budget line
(number and heading)

Overall allocation (Title A7)
A0701 - Missions
A07030 - Meetings
A07031 - Compulsory committees(1)
A07032 - Non-compulsory committees(1)
A07040 - Conferences
A0705 - Studies and consultations
Other expenditure (state which)

Information systems (A-5001/A-4300)

Other expenditure - Part A (state which)

Amount in €

Method of calculation

9 000
1 371
0
0
0

Total

10 371

The amounts are total expenditure for 12 months.

(1) Specify the type of committee and the group to which it belongs.

I.

II.

Annual total (7.2 + 7.3)

Duration of action

III.

Total cost of action (I : 4)

€ 48 162

1 year

€ 48 162

It is impossible to quantify the impact of an individual protocol on the work load of the unit in
DG Fisheries responsible for this dossier.

Renewing protocols under existing fisheries agreements is one of the unit's activities but does
not in itself have a specific impact on administrative expenditure.

If  the  protocol  had  not  been  extended  (initialled),  this  would  equally  have  resulted  in  a
significant workload and substantial expenditure on visits and meetings.

8.

8.1

FOLLOW-UP AND EVALUATION

Follow-up arrangements

The  financial  compensation  (€1  600  000)  is  paid  into  an  account  indicated  by  the  Guinean
authorities, opened with the Public Treasury. The Republic of Guinea is solely responsible for
the use to which this compensation is put.

The amounts allocated to financing the targeted measures €1 360 000) are made available to
the  Ministry  responsible  for  fisheries  on  the  basis  of  the  programming  in  Article  4  of  the
Protocol.

Utilisation  of  the  fishing  opportunities  is  under  permanent  assessment  in  terms  of  both
licences issued and catches.

15

A report on the utilisation of the funds earmarked for the targeted measures must be submitted
to the Commission not later than three months after the anniversary date of the Protocol. The
Commission  is  entitled  to  request  additional  information  and  to  review  the  payments
concerned in the light of the actual implementation of the measures.

The  Commission  will  conduct  an  ad  hoc  verification  visit  in  the  early  months  of  2003  to
verify  compliance  with  the  conditions  for  payment  of  the  contribution  (€370  000)  for
reduction of the overall fishing effort provided for in Article 6 of the Protocol.

To ensure that the Protocol is applied properly, the Community and the Republic of Guinea
can  meet  whenever  necessary  to  discuss  any  matter  concerning  implementation  of  the
Protocol in a Joint Committee.

8.2

Arrangements and schedule for the planned evaluation

Before  the  Protocol  can  be  renewed  in  2003,  the  entire  period  (2000-03)  of  the  2000-2001
Protocol together with the extensions will be evaluated, measuring the results (catches, value
of catches) and impact (number of jobs created and safeguarded, ratio of cost of the Protocol
to value of the catches).

The Commission will undertake, on the basis of the best data available, an assessment of the
impact of the new Protocol on sustainability. To this end, during 2003, scientific data will be
gathered  and/or  analysed  in  order  to  ensure  that  any  proposal  for  a  new  Protocol  or  an
extension of the  existing  Protocol can  guarantee the sustainable  exploitation  of the fisheries
resources  which  are  the  subject  of  the  Agreement.  DG  Fisheries  plans  to  have  an  external
expert evaluation carried out to assist it in performing these tasks.

9.

ANTI-FRAUD MEASURES

Since  the  financial  contributions  are  made  by  the  Community  in  direct  exchange  for  the
fishing opportunities offered, the non-member country uses them for whatever end it chooses.
However, it is required to report to the Commission, as provided for in the Protocol, on the
use of certain funds. All the measures provided for in Article 4 of the Protocol are subject to
an  annual  report  on  their  implementation  and  on  the  results  achieved.  The  Commission
reserves  the  right  to  request  additional  information  on  the  results  achieved  and  to  review
payments in the light of actual implementation of the measures.

In  addition, the Member States  whose vessels operate  under  this  Agreement  must  certify  to
the Commission the accuracy of the data indicated in the tonnage certificates of the vessels so
that the licence fees may be calculated on a guaranteed basis.

The  extended  Protocol  also  requires  Community  shipowners  to  fill  out  catch  statements
(which must be transmitted to the Commission and the Guinean authorities) which then serve
as  the  basis  for  drawing  up  the  final  statement  of  catches  under  the  Protocol  and  the
corresponding fees.

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