Proposal for a Council Regulation on the conclusion of the Agreement in the form of an Exchange of Letters concerning the provisional application of amendments to 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, and Council Decision of 26 February 2001 setting the terms for financial support to Guinea-Bissau in the fisheries sector
Date: 2003-10-10
Institutions: European Commission
Subjects: Guinea-Bissau, common fisheries policy, financial compensation of an agreement, fishery management, fishing agreement, fishing rights

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 10.10.2003
COM(2003)593 final

2003/0227 (CNS)

Proposal for a

COUNCIL REGULATION

on the conclusion of the Agreement in the form of an Exchange of Letters concerning
the provisional application of amendments to 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,
and Council Decision of 26 February 2001 setting the terms for financial support to
Guinea-Bissau in the fisheries sector

.

(presented by the Commission)

EXPLANATORY MEMORANDUM

The Protocol attached to the Fisheries Agreement between the European Community and the
Government  of  the  Republic  of  Guinea-Bissau  covers  the  period  from  16  June  2001  to  15
June 2006.

The two Parties met in Bissau on 19 and 20 May 2003, within the Joint Committee provided
for in Article 11 of the Agreement between Guinea-Bissau and the European Community, to
analyse all aspects of the implementation of the provisions of the Protocol on fisheries and the
ad hoc Council Decision of 26 February 20011.

They noted the difficulties encountered with the utilisation of fishing rights, in particular the
low utilisation of licences in the shrimp trawler segment.

The  two  Parties  agreed  to  amend  some  of  the  technical  characteristics  of  the  Protocol  and,
with  the  priority  on  the  protection  and  good  management  of  Guinea-Bissau’s  fisheries
resources,  agreed  that  they  should,  by  way  of  precaution,  reduce  fishing  effort  in  certain
fisheries  in  the  final  two  years  covered  by  the  Protocol  (16  June  2004  -  15  June  2006)  in
accordance with the guidelines set out in the  interim reports  following scientific  monitoring
campaigns.

The two delegations also agreed on the principle of reprogramming specific support measures
for  the  fisheries  sector  and  of  devising  a  programming  method  and  allocating  financial
resources to  this  end  (financing  a  scientific  programme  to  improve  information  on  fisheries
resources  and  monitoring  of  the  evolution  of  resources;  support  for  improved  health  and
hygiene conditions in the fisheries sector; institutional support for the Ministry of Fisheries;
support for investments in the small-scale fishing sector; fisheries monitoring and control).

The Republic of Guinea-Bissau also agreed to review all agreements (bilateral and/or private
agreements) currently in force with a view to reducing fishing effort in segments which  are
over-exploited,  guaranteeing  compliance  with  commitments  to  promote  responsible  fishing,
reviewing fisheries agreements, putting a freeze on new bilateral and private agreements, and
strengthening fisheries monitoring policy so as to ensure the rational management of fisheries
resources.

The Commission proposes, on this basis, that the Council adopt by Regulation the exchange
of  letters  with  the  amendments  to  the  Protocol  and  to  the  Council  Decision  of  26  February
2001.

1

OJ L 66, 8.3.2001.

2

                                                
2003/0227 (CNS)

Proposal for a

COUNCIL REGULATION

on the conclusion of the Agreement in the form of an Exchange of Letters concerning
the provisional application of amendments to 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,
and Council Decision of 26 February 2001 setting the terms for financial support to
Guinea-Bissau in the fisheries sector

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 Commission2,

Having regard to the opinion of the European Parliament3,

Whereas:

(1)

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-
Bissau4, the two Parties met within the Joint Committee provided for in Article 11 of
that  Agreement.  The  aim  of  this  meeting  was  to  analyse  all  aspects  of  the
implementation of the provisions of the Protocol establishing the fishing opportunities
and the financial compensation provided for in the Agreement for the period from 16
June 2001 to 15 June 20065 and of the ad hoc Council Decision of 26 February 20016
so as to determine any amendments or additions to be made.

(2)

Following  this  meeting,  an  exchange  of  letters  setting  out  technical  changes  and
changes  to  the  fishing  opportunities  and  compensation  provided  for  in  the  above
Agreement and Decision was signed on 20 May 2003.

(3)

It is in the Community’s interest to approve that exchange of letters.

2

3

4

5

6

OJ C […], […], p. […].
OJ C […], […], p. […].
OJ L 226, 29.8.1980, p. 33.
OJ L 19, 22.1.2002, p. 35.
OJ L 66, 8.3.2001, p. 33.

3

                                                
(4)

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,

HAS ADOPTED THIS REGULATION:

Article 1

The Agreement in the form of an Exchange of Letters concerning the provisional application
of  amendments  to  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, and Council Decision of 26 February 2001 setting
the terms for financial support to Guinea-Bissau in the fisheries sector is hereby approved on
behalf of the Community.

The text of the Agreement is attached to this Regulation.

1.

The fishing opportunities provided for in the Agreement shall be allocated among the
Member States as follows:

Article 2

(a) shrimp:

Italy

Spain

Portugal

Greece

(b) fin-fish/cephalopods:

Spain

Italy

Greece

(c) tuna seiners:

Spain

France

Italy

1 776 GRT

1421 GRT

1 066 GRT

137 GRT;

3 143 GRT

786 GRT

471 GRT;

20 vessels

19 vessels

1 vessel;

4

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

Spain

France

Portugal

21 vessels

5 vessels

4 vessels.

2.

If  licence  applications  from  the  Member  States  referred  to  in  paragraph  1  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 the Agreement 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 500/20017.

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

Article 4

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

Article 5

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

Done at Brussels,

For the Council
The President

7

OJ L 73, 15.3.2001, p. 8.

5

                                                
AGREEMENT

in the form of an Exchange of Letters
concerning the provisional application of amendments to 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,
and Council Decision of 26 February 2001 setting the terms for financial support to
Guinea-Bissau in the fisheries sector8

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, the detailed
rules for implementing the Council Decision of 26 February 2001 (OJ L 66, 8.3.2001) and the
result of the meeting of the Joint Committee on 19-20 May 2003, I hereby inform you that the
Government of the Republic of Guinea-Bissau is ready to apply the following amendments to
the  Protocol  on  a  provisional  basis,  with  effect  from  16  June  2003,  pending  its  entry  into
force in accordance with Article 9 thereof, provided that the Community is prepared to do the
same.

1.

From  16  June  2004,  until  the  expiry  of  the  Protocol,  the  fishing  opportunities
granted pursuant to Article 4 of the Agreement shall be as follows:

(a)

freezer shrimp trawlers: 4 400 gross registered tonnes (GRT);

(b)

freezer fin-fish and cephalopod trawlers: 4 400 gross registered tonnes (GRT);

(c)

freezer tuna seiners: 40 vessels;

(d)

pole-and-line tuna vessels and surface longliners: 30 vessels.

2.

3.

The two Parties  have  agreed  to  allow  exchanges  of fishing rights between the first
two categories (freezer shrimp trawlers and freezer fin-fish and cephalopod trawlers)
in the period 16 June 2003 to 15 June 2004, this flexibility being needed to ensure
that the Protocol on fisheries is more efficiently used.

From  16  June  2004,  the  compensation  provided  for  in  Article  9  of  the  Agreement
shall be EUR 7 260 000 per year.

8

OJ L 66, 8.3.2001.

6

                                                
4.

5.

The support measures in the fisheries sector shall be financed from financial resources
available under the Council Decision of 26 February 2001 (EUR 3 250 000). Once the
Commission  has  accepted  the  implementation  report  for  the  first  instalment  (ad  hoc
measure  of  26  February  2001),  it  shall  pay  these  financial  resources  up  to  a  total
EUR 3 250 000 by  way  of advance  for the  implementation  of  measures  programmed
jointly.  Any  transfers  shall  be  decided  on  by  agreement  between  the  two  Parties  in
accordance with the arrangements provided for below.

The support measures in the fisheries sector provided for in the Protocol on fisheries
(Article 4) and in the Decision of 26 February 2001 and the related financial resources
shall be reprogrammed on the basis of the following principles:

(a)

(b)

financing  of  a  Guinea-Bissau  scientific  or  technical  programme  to  improve
information  on  fisheries  resources,  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  improving  health  and  hygiene
conditions in the fisheries sector;

institutional support for the Ministry of Fisheries including technical assistance
to set up and monitor the above measures and funding of 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. 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;

(c)

support for investments in the small-scale fishing sector;

(d)

fisheries  surveillance 
(purchasing  equipment,  administrative  costs  of
monitoring,  technical  assistance,  hiring  equipment,  and  monitoring  measures
in conjunction with other countries and organisations in the region and/or the
European Union), including the possibility of meeting the cost of setting up a
satellite monitoring system (VMS) for fishing vessels.

The technical and financial programming of these measures shall be agreed between
the Government of the Republic of Guinea-Bissau and the European Commission, in
annual  instalments  by  the  following  dates:  16  June  2004  and  16  June  2005.  The
related payments shall be conditional on the presentation by the Government of the
Republic of Guinea-Bissau of a detailed implementation report and its acceptance by
the European Commission.

7

6.

The Republic of Guinea-Bissau also agrees to review all agreements (bilateral and/or
private agreements) other than those with UEMOA member states, with a view to:

– 

– 

– 

reducing  fishing  effort  in  segments  which  are  over-exploited,  particularly
shrimp fishing;

guaranteeing compliance with the provisions of Article 3 of the Protocol which
stipulates  that  “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”;

placing a freeze on new bilateral and private agreements as regards the fishing
arrangements provided for in the Agreement between the EC and the Republic
of Guinea-Bissau until the Parties reach agreement.

The review of the fisheries agreements and the renegotiation thereof with a view to
bringing the financial compensation into line with the Agreement with the European
Community or to terminating them must be finalised by 16 June 2004.

Failure  to  comply  with  these  undertakings  shall  automatically  give  the  other  party
the right to terminate the agreement and cancel any financial transfers from the date
of termination.

7.

In  addition,  and  in  order  to  finalise  the  support  measures  provided  for  in  the  first
instalment of the Decision of 26 February 2001, the Government of the Republic of
Guinea-Bissau shall transfer irrevocably to a joint-signature account administered by
the  secretariat  of  state  for  fisheries  and  the  European  Commission  delegation  in
Bissau,  by  15  October  2003,  the  amounts  yet  to  be  implemented  under  the  first
instalment of the Council Decision of 26 February 2001 (EUR 1 782 655).

Future transfers relating to the support measures in the fisheries sector shall be made
by the European Commission directly to this account.

8.

The  second  paragraph  of  point  5.3  of  the  Annex  to  the  Protocol  on  fisheries  is
hereby amended by adding the following sentence:

“If the fishing season does not exceed one month, the shipowners’ contribution shall
be limited to the payment of one month’s salary (EUR 400).”

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

8

B.

Letter from the Community

Sir,

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

“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, the detailed
rules for implementing the Council Decision of 26 February 2001 (OJ L 66, 8.3.2001) and the
result of the meeting of the Joint Committee on 19-20 May 2003, I hereby inform you that the
Government of the Republic of Guinea-Bissau is ready to apply the following amendments to
the  Protocol  on  a  provisional  basis,  with  effect  from  16  June  2003,  pending  its  entry  into
force in accordance with Article 9 thereof, provided that the Community is prepared to do the
same.

1.

From  16  June  2004,  until  the  expiry  of  the  Protocol,  the  fishing  opportunities
granted pursuant to Article 4 of the Agreement shall be as follows:

(a)

freezer shrimp trawlers: 4 400 gross registered tonnes (GRT);

(b)

freezer fin-fish and cephalopod trawlers: 4 400 gross registered tonnes (GRT);

(c)

freezer tuna seiners: 40 vessels;

(d)

pole-and-line tuna vessels and surface longliners: 30 vessels.

2.

3.

4.

The two Parties  have  agreed  to  allow  exchanges  of fishing rights between the first
two categories (freezer shrimp trawlers and freezer fin-fish and cephalopod trawlers)
in the period 16 June 2003 to 15 June 2004, this flexibility being needed to ensure
that the Protocol on fisheries is more efficiently used.

From  16  June  2004,  the  compensation  provided  for  in  Article  9  of  the  Agreement
shall be EUR 7 260 000 per year.

The support measures in the fisheries sector shall be financed from financial resources
available under the Council Decision of 26 February 2001 (EUR 3 250 000). Once the
Commission  has  accepted  the  implementation  report  for  the  first  instalment  (ad  hoc
measure  of  26  February  2001),  it  shall  pay  these  financial  resources  up  to  a  total
EUR 3 250 000 by  way of advance  for the  implementation  of  measures  programmed
jointly.  Any  transfers  shall  be  decided  on  by  agreement  between  the  two  Parties  in
accordance with the arrangements provided for below.

9

5.

The support measures in the fisheries sector provided for in the Protocol on  fisheries
(Article 4) and in the Decision of 26 February 2001 and the related financial resources
shall be reprogrammed on the basis of the following principles:

(a)

(b)

financing  of  a  Guinea-Bissau  scientific  or  technical  programme  to  improve
information  on  fisheries  resources,  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  improving  health  and  hygiene
conditions in the fisheries sector;

institutional support for the Ministry of Fisheries including technical assistance
to set up and monitor the above measures and funding of 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. 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;

(c)

support for investments in the small-scale fishing sector;

(d)

fisheries  surveillance 
(purchasing  equipment,  administrative  costs  of
monitoring,  technical  assistance,  hiring  equipment,  and  monitoring  measures
in conjunction with other countries and organisations in the region and/or the
European Union), including the possibility of meeting the cost of setting up a
satellite monitoring system (VMS) for fishing vessels.

The technical and financial programming of these measures shall be agreed between
the Government of the Republic of Guinea-Bissau and the European Commission, in
annual  instalments  by  the  following  dates:  16  June  2004  and  16  June  2005.  The
related payments shall be conditional on the presentation by the Government of the
Republic of Guinea-Bissau of a detailed implementation report and its acceptance by
the European Commission.

6.

The Republic of Guinea-Bissau also agrees to review all agreements (bilateral and/or
private agreements) other than those with UEMOA member states, with a view to:

– 

– 

– 

reducing  fishing  effort  in  segments  which  are  over-exploited,  particularly
shrimp fishing;

guaranteeing compliance with the provisions of Article 3 of the Protocol which
stipulates  that  “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”;

placing a freeze on new bilateral and private agreements as regards the fishing
arrangements provided for in the Agreement between the EC and the Republic
of Guinea-Bissau until the Parties reach agreement.

10

The review of the fisheries agreements and the renegotiation thereof with a view to
bringing the financial compensation into line with the Agreement with the European
Community or to terminating them must be finalised by 16 June 2004.

Failure  to  comply  with  these  undertakings  shall  automatically  give  the  other  party
the right to terminate the agreement and cancel any financial transfers from the date
of termination.

7.

In  addition,  and  in  order  to  finalise  the  support  measures  provided  for  in  the  first
instalment of the Decision of 26 February 2001, the Government of the Republic of
Guinea-Bissau shall transfer irrevocably to a joint-signature account administered by
the  secretariat  of  state  for  fisheries  and  the  European  Commission  delegation  in
Bissau,  by  15  October  2003,  the  amounts  yet  to  be  implemented  under  the  first
instalment of the Council Decision of 26 February 2001 (EUR 1 782 655).

Future transfers relating to the support measures in the fisheries sector shall be made
by the European Commission directly to this account.

8.

The  second  paragraph  of  point  5.3  of  the  Annex  to  the  Protocol  on  fisheries  is
hereby amended by adding the following sentence:

‘If the fishing season does not exceed one month, the shipowners’ contribution shall
be limited to the payment of one month’s salary (EUR 400).’ ”

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

11

LEGISLATIVE FINANCIAL STATEMENT

Policy area(s): External aspects of fishery policy

Activity(ies): International Fisheries Agreements

TITLE OF ACTION:

NEW  EXCHANGE  OF  LETTERS  MAKING  AMENDMENTS  TO  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,  AND  COUNCIL
DECISION  OF  26  FEBRUARY  2001  SETTING  THE  TERMS  FOR  FINANCIAL  SUPPORT  TO
GUINEA-BISSAU  IN  THE  FISHERIES  SECTOR.  NEW  PROTOCOL  ESTABLISHING  THE
FISHING  OPPORTUNITIES  AND  COMPENSATION  UNDER  THE  EC/GUINEA-BISSAU
FISHERIES AGREEMENT

1.

BUDGET LINE(S) + HEADING(S)

B78000 + B7800A: International Fisheries Agreements

OVERALL FIGURES

Total allocation for action (Part B): EUR 17.82 million for commitment

Period of application: 2004 - 2006

Overall multiannual estimate of expenditure: EUR 19.95 million

2.

2.1

2.2

2.3

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

EUR million (to three decimal places)

Year n

n + 1

n + 2

n + 3

n + 4

Commitments

Payments

7.260

2.000

7.260

1.250

9.260

8.510

n + 5
and
subs.
years

---

Total

14.520

3.250

---

17.770

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

Commitments

Payments

Subtotal a+b

0,050

0,050

0,050

0,050

Commitments

9.260

8.560

Payments

9.260

8.560

---

---

17.820

17.820

12

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

Commitments/payments

1.090

1.090

---

2.180

TOTAL a+b+c

Commitments

10.350

9.650

Payments

10.350

9.650

---

---

20,000

20,000

2.4

Compatibility with financial programming and financial perspective

X

Proposal is compatible with existing financial programming.

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

(cid:1) Proposal  may  require  application  of  the  provisions  of  the  Interinstitutional
Agreement.

2.5

Financial impact on revenue:

Proposal  has  no  financial  implications  (involves  technical  aspects  regarding

X
implementation of a measure)

OR

(cid:1) Proposal has financial impact – the effect on revenue is as follows:

(NB  All  details  and  observations relating  to the method  of  calculating  the  effect  on
revenue should be shown in a separate annex.)

Budget line Revenue

EUR million (to one decimal place)

Prior to
action
(Year n-
1)

Year
n³

Situation following action

n+1

n+2

n+3

n+4

n+5

(a) Revenue in absolute terms

(b) Change in revenue²

 (cid:1)

(Please specify each budget line involved, adding the appropriate number of rows to
the table if there is an effect on more than one budget line.)

3.

BUDGET CHARACTERISTICS

Type of expenditure

New

EFTA
contribution

Contributions
form
applicant
countries

Heading in
financial
perspective

Comp

Diff

NO

NO

NO

No […]

13

4.

LEGAL BASIS

– 

– 

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

EC/Guinea-Bissau  Fisheries  Agreement  (Council  Regulation  (EEC)  No  2213/80
of 29 August 1980)

5.

5.1

DESCRIPTION AND GROUNDS

Need for Community intervention

5.1.1. Objectives pursued

The  Protocol  attached  to  the  Fisheries  Agreement  between  the  European  Community  and  the
Government of the Republic of Guinea-Bissau covers the period from 16 June 2001 to 15 June
2006.

The two Parties met in Bissau on 19 and 20 May 2003, within the Joint Committee provided for
in Article 11 of the Agreement between Guinea-Bissau and the European Community, to analyse
all  aspects  of  the implementation of the  provisions of  the Protocol  on  fisheries  and  the  ad  hoc
Council Decision of 26 February 20019.

The two Parties agreed to amend some of the technical characteristics of the Protocol and, with
the  priority  on  the  protection  and  good  management  of  Guinea-Bissau’s  fisheries  resources,
agreed  that  they  should,  by  way  of  precaution,  reduce  fishing  effort  in  certain  fisheries  in  the
final two years covered by the Protocol (16 June 2004 – 15 June 2006) in accordance with the
guidelines set out in the interim reports following scientific monitoring campaigns.

The  purpose  of  these  changes  is  to  allow  Community  shipowners  to  continue  fishing  (in
particular  focusing  on  fin-fish  and  cephalopods)  in  Guinea-Bissau’s  exclusive  economic  zone
(EEZ)  in  accordance  with  the  arrangements  set  out  in  the  exchange  of  letters  initialled  by  the
Commission, on behalf of the Community, and the Guinea-Bissau negotiators at the conclusion
of the meeting which took place in Bissau on 19-20 May 2003.

The two delegations also agreed on the principle of reprogramming specific support measures for
the fisheries sector and of devising a programming method and allocating financial resources to
this  end  (financing  a  scientific  programme  to  improve  information  on  fisheries  resources  and
monitoring of the evolution of resources; support for improved health and hygiene conditions in
the fisheries sector; institutional support for the Ministry of Fisheries; support for investments in
the small-scale fishing sector; fisheries monitoring and control).

5.1.2. Measures taken in connection with ex-ante evaluation

The Protocol has been evaluated (for the period 2001-2003) by the relevant departments of the
Commission’s Directorate-General for Fisheries.

Total  fishing  opportunities  under  the  2001-2006  Protocol  comprised  12 400  GRT  for  trawler
fishing (9 600 GRT for shrimps and 2 800 GRT for cephalopods and fin-fish). For tuna fishing,
the fishing opportunities covered 40 tuna seiners and 36 pole-and-line tuna vessels and surface
longliners.

9

OJ L 66, 8.3.2001.

14

                                                
The evaluation shows that average utilisation  in  terms  of  issue  of  licences was low for trawler
fishing,  with  annual  utilisation  rates  between  22%  and  36%  for  shrimp  fishing,  while  the
utilisation rate for fin fish/cephalopods reached 80% in 2002-2003. For tuna fishing, the issue of
licences was highly satisfactory for the key  category tuna seiners (between 73%  and 83%) and
more  modest  for  the  category  surface  longliners  and  pole-and-line  vessels  (between  44%  and
53% depending on the year).

The low utilisation of licences in the shrimp trawler segment triggered the Commission’s request
for a meeting within the Joint Committee which led to changes to the technical characteristics of
the Protocol on fisheries and the ad hoc Decision.

Moreover,  the  flexibility  allowed  in  the  period  16  June  2003  to  15  June  2004,  i.e.  allowing
exchanges of fishing rights between the first two categories (freezer shrimp trawlers and freezer
fin-fish  and  cephalopod  trawlers),  has  already  proved  to  be  a  good  way  of  ensuring  that  the
Protocol on fisheries is more efficiently used.

5.1.3. Measures taken in connection with ex-post evaluation

The  Commission  departments  only  received  the  final  programming  relating  to  the  targeted
measures for the first year of the Protocol from Guinea-Bissau at the end of 2002. The payment
was made on 12 December 2002. There are still two instalments of the Protocol to be used for
2002 and 2003 (EUR 2 000 000).

As regards the ad hoc measure, only 45% of the first instalment was used by the Guinea-Bissau
authorities for measures in the fisheries sector. In order to finalise the support measures provided
for in the first instalment of the Decision of 26 February 2001, the Government of the Republic
of  Guinea-Bissau  will  transfer  irrevocably  to  a  joint-signature  account  administered  by  the
secretariat  of  state  for  fisheries  and  the  European  Commission  delegation  in  Bissau,  by  15
October  2003,  the  amounts  yet  to  be  implemented  under  the  first  instalment  of  the  Council
Decision  of  26  February  2001  (EUR 1 782 655).  Future  transfers  relating  to  the  support
measures  in  the  fisheries  sector  will  be  made  by  the  European  Commission  directly  to  this
account.

In-depth ex-post evaluation for the period of validity of the current Protocol including the years
2003-2006, will be carried out before presenting a proposal for the conclusion of a new Protocol.

5.2

Action envisaged and budget intervention arrangements

The  changes  to  the  Protocol  made  in  the  exchange  of  letters  which  was  initialled  on  20  May
2003  provide  for  fishing  opportunities  comprising  8 800  GRT  for  trawler  fishing  (3 600  GRT
less than under the previous Protocol, or –29%), divided into 4 400 GRT for shrimp fishing and
4 400 GRT for fin-fish and cephalopods. For tuna, fishing opportunities for tuna seiners remain
at 40 vessels, while those  for  pole-and-line  tuna  vessels  and  surface  longliners  have  decreased
from 36 to 30 vessels.

Under  the  new  Protocol  (2004-2006)  the  EC  will  pay  total  financial  compensation  of
EUR 14 520 000 over 2 years, or EUR 7 260 000 per year, compared to the EUR 10 500 000 per
year provided for in the original Protocol.

In  addition,  as  regards  the  support  measures  in  the  fisheries  sector,  once  the  Commission  has
accepted  the  implementation  report  for  the  first  instalment  (ad  hoc  measure  of  26  February
2001), it will pay these financial resources up to a total EUR 3 250 000 by way  of advance for
the  implementation  of  measures  programmed  jointly.  Any  transfers  will  be  decided  on  by
agreement between the two Parties in accordance with the exchange of letters.

15

The  financial  compensation,  EUR 7 260 000,  will  be  paid  each  year  into  an  account  to  be
indicated by the Guinea-Bissau authorities and opened with the Public Treasury. The Republic of
Guinea-Bissau will have full discretion regarding the use to which this financial compensation is
put. The first payment of this amount is to be made by 15 June 2004.

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 Guinea-Bissau.

6.

6.1

FINANCIAL IMPACT

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

6.1.1.

Financial intervention
decimal places)

Commitments in EUR million (to three

Breakdown

Year n

n + 1

 n + 2

n + 3

n+ 4

Action 1
Action 2
etc.

7.260
2.000

7.260
1.250

TOTAL 9.260

8.510

n + 5 and
subs.
Years

Total

14.520
3.250

17.770

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

and

Technical 

1) 
administrative assistance
(a)  Technical 
offices

assistance

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

0,050

Subtotal 1

0,050

2) Support expenditure
(a) Studies
(b) Meetings of experts
(c) Information and
publications

Subtotal 2

TOTAL

0,050

16

0,050

0,050

0,050

6.2.

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

Commitments in EUR million (to three decimal places)

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

Average unit
cost

Total cost
(total for years
1…n)

3

4=(2X3)

Breakdown

Action 1
- Measure 1
- Measure 2
Action 2
- Measure 1
- Measure 2
- Measure 3
etc.

Type
of outputs
(projects, files )

1

Fishing
opportunities in
exchange for a
financial
contribution

Financial
support in the
fisheries sector

fishing:

-trawler 
12 400 GRT.
- 40 tuna seiners
- 
36 
longliners 
pole-and-line
vessels

surface
and

1) EUR 7.260+
2.000 /year

2) EUR 7.260+
1.250 /year

EUR 17.770
million (1)

TOTAL COST

(1)Total cost because the duration of the Protocol is five years.

7.

IMPACT ON STAFF AND ADMINISTRATIVE EXPENDITURE

7.1.

Impact on human resources

Types of post

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

Number of
permanent posts

Number of
temporary posts

or

Officials 
temporary staff

A
B
C
Other human resources
Total

6
1
2

9

1 DNE + 1 AUX C
2

Description of tasks deriving from the
action

These human resources cover the entire
unit responsible for bilateral
agreements.

Total

6
1
2
2
11

7.2

Overall financial impact of human resources

Type of human resources

Amount in EUR

Method of calculation *

Officials
Temporary staff

Other human resources

972 000

EUR 108 000 * 9 (title A1, A2, A4,
A5, A7)

(specify budget line)

98 372

EUR  42  816  (DNE)  +  EUR  55  556
(AUX C)

Total

1 070 372

The amounts are total expenditure for twelve months.

17

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 (specify)

Information systems (A-5001/A-4300)

Other expenditure - Part A (specify)

Amount in EUR

Method of calculation

18 480
1 000 Scientific meeting

Total

19 480

The amounts are total expenditure for twelve months.

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

I.
II.
III.

Annual total (7.2 + 7.3)
Duration of action
Total cost of action (I x II)

€ 1 089 852
2 years
EUR 2 179 704

It  is  impossible  to  quantify  the  impact  of  a  given  protocol  on  the  work  load  of  the  unit  in  the
Directorate-General for 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.  The  needs  for  human  and
administrative  resources  will  in  any  case  be  covered  within  the  allocation  granted  to  the
managing department.

If  the  Protocol  had  not  been  concluded  (initialled),  this  would  equally  have  resulted  in  a
significant work load and substantial expenditure on visits and meetings.

8.

8.1

FOLLOW-UP AND EVALUATION

Follow-up arrangements

The  financial  compensation  (EUR 7 260 000  per  year)  will  be  paid  into  an  account  to  be
indicated  by  the  Guinea-Bissau  authorities  and  opened  with  the  Public  Treasury.  The
Government  of  Guinea-Bissau  is  solely  responsible  for  the  use  to  which  this  financial
compensation is put.

It should be pointed out that Article 3 of the new Protocol requires the two Parties to follow the
evolution  of  resources  in  Guinea-Bissau’s  fishing  zone  and  to  adopt,  where  necessary,  on  the
basis  of  scientific  information,  measures  to  ensure  the  sustainable  management  of  fisheries
resources. Should these measures involve a reduction in fishing opportunities, the compensation
is to be adjusted likewise. A scientific meeting is planned in September 2003.

Within a Joint Committee, meeting  at  the  request  of  either  party,  the  Community  and  Guinea-
Bissau  may  consult  one  another  on  questions  relating  to  the  implementation  and  proper
functioning of this Agreement. In the event of any dispute over the interpretation or application
of this Agreement, consultations shall be held between the Parties.

18

8.2

Arrangements and schedule for the planned evaluation

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

Moreover, before the Protocol is renewed in 2006, it will be evaluated on the basis of indicators
measuring results (catches, value of catches) and impact (number of jobs created and maintained,
relation  between  the  cost  of  the  Protocol  and  the  value  of  catches).  In  order  to  guarantee
sustainable fisheries in the region, this evaluation will be carried out prior to any renewal of the
protocols  in  the  future.  To  ensure  that  fishing  operations  in  the  region  are  sustainable,  an
economic,  social  and  environmental  impact  assessment  will  be  made  before  any  renewal  of
Protocols in the future.

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 Community, as provided for in the Protocol, on the use of
certain funds.

Failure  to  comply  with  these  undertakings  will  automatically  give  the  other  party  the  right  to
terminate the Agreement and cancel any financial transfers from the date of termination.

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

The Protocol also requires Community shipowners to fill out catch declarations (which must be
transmitted  to  the  Commission  and  the  Guinea-Bissau  authorities).  For  tuna  fishing,  these
declarations serve as the basis for drawing up the final statement of catches under the Protocol
and the corresponding fees.

19