Proposal for a Council Regulation on the conclusion of the Protocol defining for the period 1 January 2004 to 31 December 2008 the fishing opportunities and the financial contribution provided for in the Agreement between the European Economic Community and the Government of the Republic of Guinea on fishing off the Guinean coast
Date: 2003-12-10
Institutions: European Commission
Subjects: Guinea, agreement (EU), deep-sea fishing, financial compensation of an agreement, fishing agreement, fishing rights

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 10.12.2003
COM(2003)765 final

2003/0290 (CNS)

Proposal for a

COUNCIL REGULATION

on the conclusion of the Protocol defining for the period 1 January 2004
to 31 December 2008 the fishing opportunities and the financial contribution
provided for in the Agreement between the European Economic Community and
the Government of the Republic of Guinea on fishing off the Guinean coast

.

(presented by the Commission)

EN

  EN

EXPLANATORY MEMORANDUM

The Protocol to the Fisheries Agreement between the European Community and the Republic
of Guinea expired on 31 December 2001. This Protocol was extended twice, for consecutive
periods  running  from  1  January  to  31  December  2002  and  from  1  January  to  31  December
2003, pending the conclusion of the negotiations on its renewal.

In order to ensure that the Community fleet may continue to fish in the waters of the Republic
of Guinea, the Commission has negotiated with this country a new Fisheries Protocol which is
to  replace  the  existing  Protocol,  entering  into  force  on  1  January  2004.  These  negotiations
were based on the results of a study to evaluate Guinean stocks direct by means of a scientific
trawl survey carried out in October 2002, and an evaluation of the existing Protocol, including
an impact analysis of the future Protocol.

These negotiations ended in the initialling of a new Protocol on 27 June 2003 in Brussels.

The  new  Protocol  covers  the  period  from  1  January  2004  to  31  December  2008.  It  grants
fishing  opportunities  for  an  annual  average  of  2 500  GRT  per  month  for  fin-fish  and
cephalopod trawlers, for an annual average of 1 500 GRT per month for shrimp trawlers, for
34 freezer tuna seiners, for 14 pole-and-line tuna vessels and for 9 surface longliners.

Fishing opportunities for fin-fish and cephalopod trawlers may be increased in 2005 and 2006
to a maximum level of 3 500 GRT provided that the following three conditions are fulfilled:

– 

– 

– 

availability of scientific evidence of the sound state of stocks,

equivalent reduction in the quota of licences issued outside the scope of agreements,

satisfactory rate of use of fishing opportunities.

The  financial  contribution  amounts  to  €3 400 000,  comprising  €2 000 000  in  financial
compensation and €1 400 000 for measures aimed at achieving objectives associated with the
sustainable management of Guinean fisheries resources. These amounts may be increased in
2005  up  to  a  maximum  of  €3 825 000  and  in  2006  up  to  a  maximum  of  €4 250 000,  in
proportion to the above-mentioned increases in fishing opportunities.

In addition to the financial contribution, provision is made for two payments, of €500 000 and
€300 000, in the first two years of the Protocol for the purchase of at least two surveillance
vessels to combat illegal fishing.

This  new  Protocol  is  in  keeping  with  the  two  parties'  concern  that  their  fisheries  relations
should  be  reinforced  by  promoting  the  development  of  responsible,  sustainable  fishing  in
Guinea, based in particular on an efficient and dissuasive surveillance system and an effective
fisheries research policy.

It  emphasises,  inter  alia,  the  need  to  preserve  fisheries  resources  and  to  give  priority  to
traditional non-industrial fishing. In addition, it is aimed at contributing towards food security
by substantially reducing discards and setting up a collection system for catches to be landed
in Guinea by Community vessels. The Protocol relies on the Fisheries Agreement as a means
of developing fisheries in Guinea.

2

 
This  new  Protocol  will  make  it  possible  to  promote  business  partnerships  between
Community  operators  and  Guinean  operators  aimed  at  joint,  responsible  exploitation  of
Guinean fisheries resources.

Community  vessel-owners  will  thus  be  able  to  continue  fishing  (in  particular  for  shrimp,
demersal fish species, cephalopods and tuna) in Guinea's exclusive economic zone (EEZ).

In  addition,  the  exclusivity  clause  (Community  vessels  may  fish  in  Guinea  only  under  the
Agreement) and the social clause have been included in the Protocol.

The  Community's  general  aim  will  be  to  act  responsibly  by  helping  Guinea  to  preserve  its
fisheries resources and develop its own industrial fishing capacity and associated activities.

The  Commission  proposes,  on  this  basis,  that  the  Council  adopt  the  conclusion  of  the  new
Protocol by Regulation.

A proposal for a Council Decision on the provisional application of this new Protocol pending
its definitive entry into force is the subject of a separate procedure.

3

 
2003/0290 (CNS)

Proposal for a

COUNCIL REGULATION

on the conclusion of the Protocol defining for the period 1 January 2004
to 31 December 2008 the fishing opportunities and the financial contribution
provided for in the Agreement between the European Economic Community and
the Government of the Republic of Guinea on fishing off the Guinean coast

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)

(3)

(4)

Pursuant  to  the  second  paragraph  of  Article  15  of  the  Agreement  between  the
European  Economic  Community  and  the  Government  of  the  Republic  of  Guinea  on
fishing  off  the  Guinean  coast3,  the  two  Parties  conducted  negotiations  to  determine
any amendments or additions to be made to the Agreement at the end of the period of
application of the Protocol annexed thereto.

As  a  result  of  those  negotiations,  a  new  Protocol  defining  for  the  period  1  January
2004  to  31  December  2008  the  fishing  opportunities  and  the  financial  contribution
provided for in the abovementioned Agreement was initialled on 27 June 2003.

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

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 :

1

2

3

OJ C […], […], p. […].
OJ C […], […], p. […].
OJ L 111, 27.4.1983, p. 1.

4

 
                                                
Article 1

The  Protocol  defining  for  the  period  1  January  2004  to  31  December  2008  the  fishing
opportunities  and  the  financial  contribution  provided  for  in  the  Agreement  between  the
European Economic  Community  and  the  Government  of  the  Republic  of  Guinea  on  fishing
off the Guinean coast is hereby approved on behalf of the Community.

The text of the Protocol is attached to this Regulation.

1. -

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

Article 2

a)  shrimp fishing:

–  Spain

–  Portugal

–  Greece

b)  tuna seiners:

–  France

–  Spain

1 050 GRT

300 GRT

150 GRT

17 vessels

17 vessels

c)  pole-and-line tuna vessels:

–  France

–  Spain

7 vessels

7 vessels

d)  Surface longliners:

–  Spain

–  Portugal

8

1

2. -

The  fishing  opportunities  provided  for  in  the  Protocol  for  fin-fish  and  cephalod
fishing for 2004 shall be allocated among the Member States as follows:

–  Spain

–  Italy

–  Greece

844 GRT

750 GRT

906 GRT

5

 
If fishing opportunities are increased from 2005  as compared  with  2004 in  accordance with
Article  1  of  the  Protocol,  these  increases  shall  be  allocated  in  proportion  to  the  fishing
opportunities indicated above for 2004.

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

Article 3

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

Done at Brussels,

For the Council
The President

6

 
PROTOCOL

defining for the period 1 January 2004 to 31 December 2008 the fishing opportunities
and the financial contribution provided for in the Agreement between the European
Economic Community and the Government of the Republic of Guinea on fishing off
the Guinean coast

Article 1

For a period of five years from 1 January 2004, the fishing opportunities granted under Article
2 of the Agreement shall be as follows:

1)

fin-fish and cephalopod trawlers:

(cid:1)

(cid:1)

(cid:1)

(cid:1)

(cid:1)

2  500  gross  registered  tonnes  (GRT)  per  month,  averaged  over  the  year,
in 2004;

3  000  gross  registered  tonnes  (GRT)  per  month,  averaged  over  the  year,
in 2005;

3 500  gross  registered  tonnes  (GRT)  per  month,  averaged  over  the  year,
in 2006;

3 500  gross  registered  tonnes  (GRT)  per  month,  averaged  over  the  year,
in 2007;

3 500  gross  registered  tonnes  (GRT)  per  month,  averaged  over  the  year,
in 2008;

Additional  fishing  opportunities,  applicable  from  2005  to  fin-fish  and  cephalopod
trawlers, are subject to the following conditions:

(cid:1)

(cid:1)

(cid:1)

availability of scientific evidence of the sound state of stocks,

equivalent  reduction  in  the  quota  of  licences  issued  outside  the  scope  of
agreements,

satisfactory rate of use of fishing opportunities.

shrimp trawlers: 1 500 gross registered tonnes (GRT) per month, averaged over the
year;

freezer tuna seiners: 34 vessels;

pole-and-line tuna vessels: 14 vessels;

surface longliners: 9 vessels.

7

2)

3)

4)

5)

 
The Joint Committee provided for in Article 10 of the Agreement shall analyse the situation
and,  where  appropriate  and  where  the  state  of  resources  allows,  shall  decide  to  grant
additional fishing opportunities, introduce new categories of fish and lay down the technical
and financial conditions under which they may be fished by Community vessels.

1)

The financial contribution referred to in Article 8 of the Agreement, in respect of the
fishing opportunities provided for in Article 1, shall be as follows:

Article 2

For  2004,  €3 400 000  (comprising  €2 000 000  in  financial  compensation  and
€1 400 000 for the measures referred to in Article 3 of this Protocol)

For  2005,  €3 825 000  (comprising  €2 200 000  in  financial  compensation  and
€1 625 000 for the measures referred to in Article 3 of this Protocol);

For  2006,  €4 250 000  (comprising  €2 300 000  in  financial  compensation  and
€1 950 000 for the measures referred to in Article 3 of this Protocol);

For  2007,  €4 250 000  (comprising  €2 300 000  in  financial  compensation  and
€1 950 000 for the measures referred to in Article 3 of this Protocol);

For  2008,  €4 250 000  (comprising  €2 300 000  in  financial  compensation  and
€1 950 000 for the measures referred to in Article 3 of this Protocol).

The financial compensation shall be payable no later than 30 September of the first
year (2004) and 1 February of each subsequent year (2005, 2006, 2007 and 2008).

If the increases in fishing opportunities provided for in Article 1(1) are not granted,
the financial contribution which the European Community is to grant to the Republic
of Guinea shall be adjusted in proportion to the amount established above.

2)

3)

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

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

Article 3

The  two  parties  shall  agree  on  the  objectives  to  be  achieved  regarding  the  sustainable
management of Guinean fish stocks. A portion of the overall financial compensation provided
for  in  Article  2(1)  shall  be  earmarked  for  financing  the  measures  aimed  at  achieving  these
objectives, as laid down in the Government's sectoral programme and in accordance with the
following breakdown:

8

 
Improved knowledge of fishery
and  biological  resources  in  the
Republic  of  Guinea's  fishing
zone

Support 
fisheries
for 
surveillance  and  management
of the fishing effort

Organisation  of  non-industrial
fishing

Institutional  reinforcement  of
the  structures  of  the  Fisheries
Ministry

Promotion  of  training  in  the
technical
different  scientific, 
and 
disciplines
economic 
associated with fisheries

to 

and
Contribution 
participation by the Republic of
Guinea 
international
fisheries organisations

in 

2004

2005

2006

2007

2008

250 000

350 000

419 835

419 835

419 835

400 000

425 000

557 115

557 115

557 115

175 000

223 000

277 680

277 680

277 680

250 000

250 000

277 680

277 680

277 680

150 000

152 000

167 115

167 115

167 115

175 000

225 000

250 575

250 575

250 575

The  two  parties  undertake  to  establish  the  indicators  to  be  adopted  for  the  purpose  of
assessing to what extent the above objectives have been met.

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

These  annual  amounts  shall  be  made  available  to  the  bodies  concerned  not  later  than  30
September  2004  in  the  first  year  and  2  May  in  subsequent  years  and  shall  be  paid  into  the
bank accounts specified by the Fisheries Ministry according to the schedule for their use. The
Fisheries Ministry shall provide the bank account numbers to be used for such payments.

No later than three months after the anniversary date of the entry into force of the Protocol,
the  Fisheries  Ministry  shall  forward 
the  European  Commission  Delegation  a
comprehensive report for the first year and a detailed report for subsequent years on the extent
to which the above objectives have been achieved on the basis of the indicators adopted. The
European  Commission  reserves  the  right  to  ask  the  Fisheries  Ministry  for  any  additional
information on the results and to reconsider the payments concerned should the measures not
be implemented.

to 

Article 4

The Republic of Guinea undertakes to develop its fisheries surveillance policy.  To this end,
the  European  Community  shall  make  a  financial  contribution  towards  the  reinforcement  of
fisheries surveillance activities in the Republic of Guinea by allocating €500 000 in 2004 and
€300 000 in 2005 for the purchase of at least two surveillance vessels. The Government of the
Republic of Guinea shall purchase these vessels in accordance with the procedure in force in
the  Guinean  administration,  and  shall  consult  the  European  Commission  throughout  the
selection process and prior to purchasing the equipment.

9

 
Should  the  Community  fail  to  make  the  payments  provided  for  in  Articles  2  and  3,  the
application of this Protocol may be suspended.

Article 5

Article 6

If  serious  circumstances,  with  the  exception  of  natural  phenomena,  prevent  the  exercise  of
fishing activities in the EEZ of the Republic of Guinea, payment of the financial contribution
in respect of the period during which fishing is prevented may be suspended by the European
Community following consultations between the two parties.

Payment of the  financial contribution shall be resumed  as soon as normality is restored  and
after  consultations  between  the  two  parties  confirm  that  the  situation  is  likely  to  permit  a
return to fishing activities.

Article 7

The  two  parties  undertake  to  promote  the  setting-up  of  joint  ventures  between  Community
operators and Guinean operators for the purpose of jointly exploiting fisheries resources in the
exclusive economic zone of the Republic of Guinea.

Community  vessel-owners  who  are  partners  in  such  joint  ventures  shall  be  given  priority
when  fishing  licences  are  issued  and  shall  benefit  from  a  reduction  in  fees  by  way  of  an
incentive.  The  Government  of  the  Republic  of  Guinea  undertakes  to  grant  facilities  as
provided for in the investment code.

In addition, those vessel-owners must land in Guinea all fish caught which is not destined for
the European market.

Article 8

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

Article 9

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

It shall apply from 1 January 2004.

10

 
ANNEX

Conditions for the exercise of fishing activities by Community vessels in the Republic of
Guinea's fishing zone

1.

Licence application and issuing formalities

The  relevant  Community  authorities  shall  present  to  the  Fisheries  Ministry,  via  the
European Commission Delegation in the Republic of Guinea, an application for each
vessel  wishing  to  fish  under  the  Agreement  at  least  30  days  before  the  date  of
commencement of the period of validity requested.

Applications shall be made on the forms provided for that purpose by the Fisheries
Ministry, a specimen of which is attached hereto (Appendix 1).

Each licence application shall be accompanied by proof of payment of the fee for the
period  of  validity  of  the  licence  and  by  a  copy  of  the  tonnage  certificate.  Payment
shall be made into the account opened  with the Public  Treasury  of the Republic of
Guinea.

Each vessel must be represented by an agent of Guinean nationality established in the
Republic of Guinea. The name  and  address of  the  agent  must  be  mentioned  on  the
licence application.

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

After proof of payment of the fee is received, the licence shall be signed. It shall be
issued by the Fisheries Ministry to the vessel-owners or their representatives via the
European  Commission  Delegation  in  the  Republic  of  Guinea  within  30  days  of
receipt of the proof of payment referred to above.  If the licence is signed  at a time
when the European Commission Delegation offices are closed, it shall be sent direct
to the vessel's agent and a copy shall be sent to the Delegation.

The following annual periods serve to determine the term of validity of licences:

– 

– 

– 

– 

– 

first period:

1 January 2004 to 31 December 2004

second period: 1 January 2005 to 31 December 2005

third period:

1 January 2006 to 31 December 2006

fourth period: 1 January 2007 to 31 December 2007

fifth period:

1 January 2008 to 31 December 2008

Licences may not start to run during one annual period and expire during the next.

Pursuant to Article 4(1) of the Agreement, vessels flying the flag of a Member State
of the European Community may carry on fishing activities in Guinea's fishing zone
only  if  they  are  in  possession  of  a  fishing  licence  issued  under  this  Protocol  in
accordance with the arrangements described above.

11

 
Licences shall be issued for a specific vessel and shall not be transferable. However,
where  force  majeure  is  proven  and  at  the  request  of  the  Community,  a  vessel's
licence  shall  be  replaced  by  a  new  licence  for  another  vessel  whose  features  are
similar  to  those  of  the  first  vessel.  The  owner  of  the  first  vessel  shall  return  the
cancelled licence to the Fisheries Ministry via the European Commission Delegation
in the Republic of Guinea.

The new licence shall indicate:

– 

– 

the date of issue,

the validity of the new licence, covering the period from the date of arrival of
the  replacement  vessel  to  the  date  of  expiry  of  the  licence  of  the  vessel
replaced.

In  this  case,  no  fee  as  laid  down  in  the  second  paragraph  of  Article  5  of  the
Agreement  shall  be  due  for  unexpired  periods  of  validity.  The  replacement  vessel
shall  undergo  a  technical  inspection  in  the  port  of  Conakry  as  provided  for  in
paragraph 1 of point 1.1 if it has not already done so.

The licence must be kept on board at all times.

1.1.

Provisions applicable to trawlers

1.

2.

Each vessel shall be obliged to report to the port of Conakry once a year, prior
to the issue of the licence, to undergo the inspection laid down by the rules and
regulations  currently  in  force.  Inspections  shall  be  carried  out  exclusively  by
duly  authorised  persons  and  must  be  effected  within  24  working  hours  of
arrival of the vessel in port if arrival has been announced at least 48 hours in
advance.  Where  the  licence  is  renewed  during  the  same  calendar  year,  the
vessel shall be exempt from further inspection.

The costs of technical inspections shall be borne by the vessel-owners and may
not exceed €250 per vessel per year.

(a)  Licences  shall  be  issued  for  periods  of  three,  six  or  twelve  months.  They
shall  be  renewable.  Utilisation  of  the  fishing  opportunities  granted  under
Article  1  of  the  Protocol  shall  take  account  of  the  duration  of  the  validity  of
licences.

Quarterly licences shall run from 1 January, 1 April, 1 July and 1 October.

Half-yearly licences shall run from 1 January and 1 July.

Annual licences shall run from 1 January.

12

 
(b)  The  fees  to  be  paid  by  vessel-owners,  expressed  in  €/gross  registered
tonnage, shall be as follows.

– 

for annual licences:

Fin-fish vessels

€197/GRT

Cephalopod
vessels

€219/GRT

Shrimp vessels

€279/GRT

– 

for half-yearly licences:

Fin-fish vessels

€102/GRT

Cephalopod
vessels

€113/GRT

Shrimp vessels

€144/GRT

– 

for quarterly licences:

Fin-fish vessels

€52/GRT

Cephalopod
vessels

€58/GRT

Shrimp vessels

€73/GRT

These fees shall be increased by 2.5% as from 2006.

1.2

Provisions applicable to tuna vessels and surface longliners

Licences must be kept on board at all times; however, fishing shall be authorised on
receipt of the advance payment notification sent by the European Commission to the
Fisheries  Ministry  of  the  Republic  of  Guinea.  Vessels  shall  be  entered  on  a  list  of
vessels authorised to fish, which shall be sent to the Guinean authorities responsible
for fisheries inspection. A copy of the said licence may be obtained by fax pending
the arrival of the licence itself; that copy shall be kept on board.

The  annual  fees  shall  be  €25  per  tonne  caught  within  the  Republic  of  Guinea's
fishing zone.

Licences  shall  be  issued  following  payment  to  the  Public  Treasury  of  an  annual
advance of €2 500 per tuna seiner, €400 per pole-and-line tuna vessel and €1 000 per
surface longliner, equivalent to the fees for:

– 

– 

– 

100 tonnes of tuna caught per year in the case of seiners;

16 tonnes caught per year in the case of pole-and-line tuna vessels;

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

13

 
The final statement of the fees due for the fishing period shall be drawn up jointly by
the European Commission and the Guinean Ministry of Fisheries at the end of each
calendar  year,  taking  account  of  the  advances  and  fees  indicated  above.  This
statement shall be drawn up using the catch statement based on the catch declarations
made by each vessel-owner. The catch statement must  be confirmed by  a  scientific
institute responsible for checking catch data, such as the Institut de Recherche pour
le Développement (IRD), the  Instituto Español de Oceanografía (IEO), the  Instituto
Português de Investigação Marítima (IPIMAR) and the Centre National des Sciences
Halieutiques  de  Boussoura  (CNSHB  -  dg@cnshb.org.gn).  This  statement  shall  be
forwarded  to  the  Fisheries  Ministry  and  the  vessel-owners  at  the  same  time.  Any
additional payment due shall be made by the vessel-owners no later than thirty days
after notification of the final statement, to be paid into the account opened with the
Public Treasury of the Republic of Guinea.

However, where the amount of the final statement is lower than the abovementioned
amount, the resulting balance may not be reimbursed to the vessel-owner.

2.

Catch declaration

All Community vessels authorised to fish in the Republic of Guinea's waters  under
the  Agreement  shall  send  a  catch  declaration  to  the  Fisheries  Ministry  and  a  copy
thereof  to  the  European  Commission  Delegation  in  the  Republic  of  Guinea,  in
accordance with the procedures set out below:

– 

– 

for trawlers, catches shall be declared on the basis of the form attached hereto
(Appendix 2). These declarations shall be drawn up each month and presented
at least once each quarter;

for tuna seiners, pole-and-line tuna vessels and surface longliners, a fishing log
shall be kept, in accordance with Appendix 3, for each fishing period spent in
the Republic of Guinea's fishing zone. This form must be sent to the Fisheries
Ministry via the European Commission Delegation in the Republic of Guinea
no later than forty-five days after the end of the fishing trip.

Declaration  forms  must  be  completed  legibly  and  be  signed  by  the  skipper  of  the
vessel. They must be completed by all vessels which have obtained a licence, even if
they have not fished.

Should this provision not be adhered to, the Fisheries Ministry reserves the right to
suspend the licence of the offending vessel and, in the event of a recurrence, to refuse
to issue new licences to this vessel until the formality has been complied with. In this
case,  the  European  Commission  Delegation  in  the  Republic  of  Guinea  shall  be
informed.

Where applicable, the Joint Committee provided for in Article 10 of the Agreement
shall consider the case for fitting Community fishing vessels with equipment for the
electronic transmission of information on fishing operations.

14

 
3.

Landing of catches

In order to contribute towards supplying the Guinean population with fish, trawlers
authorised to fish in the  Republic of  Guinea's  fishing  zone shall  be  obliged  to  land
200 kilograms of fish per GRT per year free of charge.

Landings  may  be  made  individually  or  collectively,  mention  being  made  of  the
vessels concerned.

By-catches

Fin-fish  vessels  may  not  have  on  board  crustaceans  representing  more  than  9%  or
cephalopods  representing  more  than  9%  of  their  total  catches  in  the  Republic  of
Guinea's fishing zone.

Cephalopod vessels may not have on board crustaceans representing  more than 9%
or  fin-fish  representing  more  than  35%  of  their  total  catches  in  the  Republic  of
Guinea's fishing zone.

Shrimp  vessels  may  not  have  on  board  fin-fish  representing  more  than  15%  or
cephalopods  representing  more  than  10%  of  their  total  catch  in  the  Republic  of
Guinea's fishing zone.

However, these restrictions may be temporarily exceeded up to the levels indicated at
points  5(a),  5(b)  and  5(c)  of  this  Annex,  on  condition  that  any  such  overruns  are
reported to the  authorities designated by the Fisheries Ministry, which may arrange
for the excess catches to be collected at sea, or issue instructions for these catches to
be kept temporarily with a view to being collected later or for them to be discarded.
In  the  first  case,  the  Ministry  shall  set  a  reasonable  maximum  time  limit  for  the
collection  of  the  catches,  in  accordance  with  the  arrangements  provided  for  in
Appendix 4. The excess by-catches may not be kept on board beyond this deadline.

Any overrun of the restrictions indicated in point 4.1 shall be reported immediately
to  the  authorities  mentioned  at  point  4.2.  Where  these  authorities  decide  to  issue
instructions  for  the  excess  by-catches  to  be  held  temporarily  with  a  view  to  being
collected at a later date, a second notification shall be sent when the levels indicated
at  points  5(a),  5(b)  and  5(c)  are  reached.  These  levels  shall  not  be  exceeded  under
any  circumstances  and  any  additional  catches  shall  be  immediately  discarded.
Following this second notification, the authorities mentioned at point 4.2 may either
arrange for the excess catches to be collected at sea or issue instructions that they be
discarded. However, the skipper may choose to land these catches at the port free of
charge.

The  notifications  mentioned  at  points  4.2  and  4.3  shall  be  made  on  the  skipper's
responsibility, taking account of the information  gathered by the  on-board  observer
appointed by the Fisheries Ministry. The absence of an on-board observer shall not
exempt the skipper from the obligation to carry out such notifications.

4.

4.1

4.2

4.3

4.4

15

 
4.5

Catches  collected  at  sea  or  landed  in  accordance  with  points  4.2  and  4.3  shall  be
handed  over  free  of  charge  in  order  to  contribute  towards  supplying  the  local
population. These catches shall be taken into account for the purpose of fulfilling the
condition, laid down at point 3 of this Annex, that 200 kilograms of fish per GRT be
landed free of charge each year.

5.

Discards

The  discarding  of  marketable  species  of  fin-fish,  crustaceans  and  cephalopods  is
prohibited, except with the explicit authorisation of the Guinean fisheries authorities
and where by-catches of these species reach the following levels:

For fin-fish vessels, crustaceans and cephalopods each representing more than

(a)
13.5% of total catches in the Republic of Guinea's fishing zone.

For  cephalopod  vessels,  crustaceans  representing  13.5%  and  fin-fish

(b)
representing 52.5% of total catches in the Republic of Guinea's fishing zone.

For shrimp vessels, fin-fish representing 22.5% and cephalopods representing

(c)
15% of total catches in the Republic of Guinea's fishing zone.

6.

Signing-on of seamen

Owners who have been issued fishing licences under the Agreement shall contribute
to the on-the-job vocational training of Republic of Guinea nationals, subject to the
conditions and limits set out below:

6.1.

Each trawler-owner shall undertake to employ:

– 

– 

– 

two Guinean seamen on vessels of up to 200 GRT;

three Guinean seamen on vessels between 200 GRT and 350 GRT;

four Guinean seamen on vessels of more than 350 GRT.

16

 
6.2.

6.3.

6.4.

6.5.

6.6

6.7

6.8

6.9

For the fleet of tuna seiners, six Guinean seamen shall be signed on permanently.

For the fleet of  pole-and-line  tuna vessels, five Guinean seamen shall be signed  on
for the duration of the vessels' actual presence in Guinean waters, with no more than
one seaman being assigned to each vessel.

For  surface  longliners,  the  vessel-owners  shall  undertake  to  employ  two  Guinean
seamen per vessel for the duration of the vessels' actual presence in Guinean waters.

The  wages  of  these  Guinean  seamen  shall  be  fixed,  before  licences  are  issued,  by
mutual  agreement  between  the  vessel-owners  or  their  representatives  and  the
Fisheries Ministry; the wages shall be borne by the vessel-owners and must include
the social contributions to which the seaman is subject (including life assurance and
accident and sickness insurance).

Should  the  seamen  not  be  signed  on,  owners  of  tuna  seiners,  pole-and-line  tuna
vessels and surface longliners shall be obliged to pay the Fisheries Ministry a lump
sum  equivalent  to  the  wages  of  seamen  not  signed  on  in  accordance  with  the
provisions of points 6.2, 6.3 and 6.4 above.

This sum will be used for the training of seamen/fishermen in the Republic of Guinea
and is to be paid into an account specified by the Fisheries Ministry.

The ILO Declaration on Fundamental Principles and Rights at Work shall apply as of
right to seamen signed on by EU vessels. This concerns in particular the freedom of
association and the effective recognition of the right to collective bargaining, and the
elimination of discrimination in respect of employment and occupation.

Local  seamen's  employment  contracts,  a  copy  of  which  shall  be  given  to  the
signatories,  shall  be  drawn  up  between  the  vessel-owners'  representative(s)  and  the
seamen  and/or  their  trade  unions  or  their  representatives  in  consultation  with  the
responsible  local  authorities.  These  contracts  shall  guarantee  the  seamen  the  social
security cover applicable to them, including life assurance and sickness and accident
insurance.  The  wages  conditions  granted  to  local  seamen/fishermen  shall  not  be
lower than those applied to crews from the State signing the Fisheries Agreement and
shall under no circumstances be below ILO standards.

Where the  employer  is a local company, the employment  contract  shall  specify  the
name of the vessel-owner and the flag State.

Furthermore,  vessel-owners  shall  guarantee  local  seamen  who  are  recruited  living
and working conditions similar to those enjoyed by the EU seamen.

7.

Observers

7.1.

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

Observers shall not normally remain on board for more than two consecutive trips.

17

 
7.2

Tuna seiners and surface longliners shall take an observer on board at the request of
the Guinean authorities. The time spent on board by observers shall be fixed by the
Guinean authorities but, as a general rule, it should not exceed the time required to
carry out their duties.

7.3.

Observers shall be treated as officers. They shall:

– 

– 

– 

– 

– 

– 

– 

observe the fishing activities of the vessels;

verify the position of vessels engaged in fishing operations;

perform biological sampling in the context of scientific programmes;

note the fishing gear used;

verify the catch data for Guinea's zone recorded in the logbook;

verify  the  percentages  of  by-catches  and  estimate  the  quantity  of  discards  of
species of marketable fin-fish, crustaceans and cephalopods;

report fishing data once a week by radio, including the quantity of catches and
by-catches on board.

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 said vessel,

draw  up  an  activity  report  to  be  transmitted  to  the  competent  Guinean
authorities and send a copy to the European Commission Delegation.

The  conditions  under  which  observers  are  taken  on  board  shall  be  agreed  between
vessel-owners  or  their  agents  and  the  Guinean  authorities.  Their  wages  and  social
insurance  contributions  shall  be  paid  by  the  Fisheries  Ministry.  Vessel-owners,
through their agents, shall pay the Centre National de  Surveillance  et de  Protection
des  Pêches  €15  for  each  day  spent  by  an  observer  on  board  a  trawler  and  €10  for
each  day spent on  board a  tuna  seiner  or  surface  longliner.  Vessel-owners  who  are
unable  to  take  observers  on  board  and  put  them  off  at  a  Guinean  port  agreed  by
common  accord  with  the  Guinean  authorities  shall  bear  the  cost  of  taking  the
observers aboard and putting them ashore.

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

18

 
8.

Inspection and monitoring

Any Community vessel fishing in the Republic of Guinea's zone shall allow on board
any official of the Republic of Guinea responsible for inspection and monitoring and
shall assist him in the accomplishment of his duties. This official must not remain on
board any longer than is necessary for the verification of catches by random checks
and for any other inspection relating to fishing activities.

9.

9.1

9.2

Fishing zones

All the vessels referred to in Article 1 of the Protocol shall be authorised to fish in
waters beyond 10 nautical miles, including pole-and-line tuna vessels for the purpose
of acquiring live bait.

The  Republic  of  Guinea  undertakes  to  incorporate  in  its  fisheries  plan  for  the  year
2004  and  subsequent  years  during  the  validity  period  of  this  Protocol  a  provision
reserving for the Guinean non-industrial fleet the fishing zone between the coast and
the 20 metres isobath and, where this isobath is reached less than 12 miles from the
coast, the zone between the coast and 12 nautical miles from the coast.

In  order  to  avoid  discrimination  against  the  Community,  this  provision  shall  be
applicable  to  the  Community  fleet  only  where  it  is  applied  to  all  industrial  fleets
without exception.

The Republic of Guinea shall notify the Commission of the date of application of this
measure  a  month  in  advance.  Until  such  date,  the  fishing  zone  of  the  Community
fleet shall be that defined at point 9.1.

10.

Minimum meshes authorised

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

(a)

40 mm for shrimps;

(b)

70 mm for cephalopods;

(c)

70 mm for fin-fish;

(d)

16 mm for fishing for live bait with purse seines.

These mesh sizes also apply to trawls used for fishing with outriggers.

11.

Entering and leaving the zone

All Community vessels intending to enter or leave the Republic of Guinea's fishing
zone shall notify the radio station of the Centre National de Surveillance des Pêches
(CNSP) thereof at least eight hours in advance. They shall communicate the date and
time  and  their  position  each  time  they  enter  and  leave  the  Republic  of  Guinea's
fishing zone.

19

 
The call sign and operating frequencies shall be communicated to vessel-owners by
the CNSP at the time the licence is issued.

In cases where this radio communication cannot be used, vessels may use alternative
means, such as fax (CNSP: 224-41 36 60 or the Fisheries Ministry: 224-41 43 10) or
e-mail (cnsp94_gn@yahoo.fr).

12.

Boarding of vessels

12.1.

12.2.

12.3

12.4.

The  European  Commission  Delegation  in  the  Republic  of  Guinea  shall  be  notified
within  48  hours  of  any  boarding  within  the  Republic  of  Guinea's  fishing  zone  of  a
fishing  vessel  flying  the  flag  of  a  Member  State  of  the  Community  and  operating
under  this  Agreement  or  an  Agreement  concluded  between  the  Community  and  a
third country and shall at the  same  time  receive  a brief report  of  the  circumstances
and reasons leading to the boarding.

In  the  case  of  vessels  authorised  to  fish  in  Guinean  waters,  before  any  measures
regarding the skipper or the crew of the vessel or any action regarding the cargo and
equipment  of  the  vessel  are  considered,  other  than  those  to  safeguard  evidence
relating  to  the  presumed  infringement,  a  consultation  meeting  shall  be  held,  within
48  hours  of  receipt  of  the  abovementioned  information,  between  the  European
Commission  Delegation,  the  Fisheries  Ministry  and  the  inspection  authorities,
possibly attended by a representative of the Member State concerned.

At  the  meeting,  the  parties  shall  exchange  any  relevant  documentation  or
information, in particular automatically registered data showing the vessel's positions
during the trip up to the time of boarding, helping to clarify the circumstances of the
established facts.

Vessel-owners  or  their  representatives  shall  be  informed  of  the  outcome  of  the
meeting and of any measures resulting from the boarding.

Before initiating legal proceedings, an attempt shall be made to resolve the presumed
infringement  through  a  compromise  procedure.  This  procedure  shall  end  no  later
than three working days after the boarding.

Should  the  case  not  be  settled  by  means  of  compromise,  and  therefore  be  brought
before a competent judicial body, a bank security payable by the vessel-owner shall
be  fixed  by  the  relevant  authority  within  48  hours  following  the  conclusion  of  the
compromise procedure, pending the legal decision. The amount of the security must
not  exceed  the  amount  of  the  fine  laid  down  under  national  legislation  for  the
presumed infringement in question. The bank security shall be returned to the vessel-
owner by the relevant authority once the case is settled without incrimination of the
skipper of the vessel concerned.

12.5.

The vessel and its crew shall be released either:

at the end of the consultation meeting, if the established facts permit, or

once the obligations arising under the compromise have been fulfilled, or

once a bank security is deposited by the vessel-owner (legal proceedings).

20

 
Appendix 1

APPLICATION FORM
FOR A FISHING LICENCE

For official use only

Remarks

Nationality:……………………………………………

………………………………………………………

Licence No: ………………………………….

……………………………………………………….

Date of signing: …………………………………….

………………………………………………………..

Date of issue: …………………………………

………………………………………………………..

21

 
APPLICANT

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

Trade register No: …………………………………………………………………………………

First name and surname of applicant: ………………………………………………………………………………

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

Occupation: ……………………………………………………………………………………………………….

Address: …………………………………………………………………………………………………………….

……………………………………………………………………………………………………………………….

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

Name and address of agent: ...

……………………………………………………………………………………………………………………….

……………………………………………………………………………………………………………………….

VESSEL

Type of vessel: ………………………….

Registration No…:.………………………………………

New name: …………………………..

Former name: ……………………………………………………….

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

Original nationality: ………………………………………………………………………………………………

Length: …………………………… Beam: ………………………… Depth:………………………………

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

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

Make of main engine: ……………….Type : ……………………HP rating: ……………………..

Propeller:

Fixed: (cid:1)

Variable : (cid:1)

Ducted: (cid:1)

Speed: ……………………………………………………………………………………………………………..

Call sign: ………………………………… Frequency: …………………………………………………..

List of sounding, navigation and transmission instruments:

Radar : (cid:1)
VHF : (cid:1)

Sonar : (cid:1)
BLU : (cid:1)

Net sounder: (cid:1)
Satellite navigation: (cid:1)

Other: ……………..

No of seamen: …………………………………………………………………………………………………

PRESERVATION

Ice: (cid:1)
Freezing: in brine: (cid:1)

Ice + refrigeration: (cid:1)
dry: (cid:1)

in refrigerated sea water: (cid:1)

Total refrigerating power: …………………………………………………………………………………

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

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

22

 
TYPE OF FISHING

A. Demersal

Inshore demersal: (cid:1)

Type of trawl:

cephalopod: (cid:1)

Deep-sea demersal: (cid:1)
shrimp: (cid:1)

fin-fish: (cid:1)

Length of trawl:……………………….

Length of headline:……………………….

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

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

Trawling speed: …………………………………………………………………………………………...

B. Deep-sea pelagic (tuna)

Pole and line: (cid:1)
Seine net: (cid:1)

No of poles and lines: (cid:1)

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

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

C. Longlines and pots

surface: (cid:1)

bottom: (cid:1)

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

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

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

SHORE INSTALLATIONS

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

……………………………………………………………………………………………………………………….

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

Activities: …………………………………………………………………………………………………………...

Domestic wholesale fish trade: (cid:1)

export: (cid:1)

23

 
Type and No of wholesale trader's card: ………………………………………………………………………...

Description of processing and preservation plant:

……………………………………………………………………………………………………………………….

……………………………………………………………………………………………………………………….

……………………………………………………………………………………………………………………….

……………………………………………………………………………………………………………………….

……………………………………………………………………………………………………………………….

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

NB : Indicate affirmative answers by ticking the appropriate box.

24

 
Technical remarks

Authorisation of the Fisheries Ministry

25

 
Appendix 2

FISHERIES MINISTRY
Name of vessel:
Nationality (flag):

Date

Fishing zone

Longitude

Latitude

STATISTICS ON CATCHES AND EFFORT

Engine rating
Gross registered tonnage

Number
of net
hauls

Number
fishing
hours

Month
Fishing method
Port of landing

Year:

Species of Fish

Totals

1)
2)
3)
4)
5)
6)
7)
8)
9)
10)
11)
12)
13)
14)
15)
16)
17)
18)
19)
20)
21)
22)
23)
24)
25)
26)
27)
28)
29)
30)
31)

26

 
Appendix 3

ICCAT LOGBOOK FOR TUNA FISHERY

Vessel name:……………………………………………………………………

Gross registered tonnage:……………………………………….

Month Day

Year

Port

Flag State:
……………………………………………………………………...........................

Registration No:
………………………………………………………………...................................
Vessel-owner: …………………………………………………………

Address: ………………………………………………………………………….

………………………………………………….............................
Capacity - (M.T.): ……………………………………………..

Vessel DEPARTED:

Skipper: ………………………………………………………..

Vessel RETURNED

No of crew:….…………………………………………………

….…………………………………………………........................
Reporting date: ……………………………………………….

(Reported by): ………………………………………………...

……………………………………………….................................

No of days at sea

No of fishing days

No of hauls

Fishing trip No:

Longline

Live bait

Purse seine

Trawl

Outros (Others)

Área

Surf.

Month

Day

S
/
N
e
d
u
t
i
t
a
L

/

W
E
e
d
u
t
i
g
n
o
L

Surface
water
temp.
(ºC)

Effort)

Bluefin tuna

No of hooks
used

Thunnus
Thynnus or
maccoyi

Capturas (Catches)

Yellowfin Tuna

(Bigeye tuna)

 (Albacore)

 (Swordfish)

Thunnus
albacares

Thunnus
obesus

Thunnus
alalunga

Xiphias
gladius

 (Striped marlin)
(White marlin)

Tetraptunus
Audax or albidus

(Black marlin)

 (Sailfish)

Skipjack

Makaira
indica

Istiophorus albicane
or platypterus

Katsuwonus
pelamis

(Miscellaneous fish)

No Weigh

No

kg

No

kg

No

kg

No

kg

No

kg

No

kg

No

kg

No

kg

No

kg

Isco usado na pesca
(Bait used)

y
r
u
a
S

d
i
u
q
S

t
i
a
b

e
v
i
L

(Others)

Daily Total

(weight in kg
only)

No

kg

t

kg

LANDING WEIGHT (IN KG)
Remarks

1 - Use one sheet per month and one line per day

3 - "Day" means the day when the longline is set in place.

5 - The last line (quantitites landed) should be completed only at the end of the trip. The real
weight at the time of landing must be indicated.

2 - At the end of each trip forward a copy of the log to your correspondent
or to the ICCAT, Calle Corazón de María, 8, 28002 Madrid. Spain

4 -  Fishing  area  refers  to  the  position  of  the  vessel..  Round  off  the  minutes  and
record degree of latitude and longitude. Be sure to record N/S and E/W .

6 - All information reported herein will be kept strictly confidential

27

 
 
 
Appendix 4

ARRANGEMENTS FOR THE COLLECTION OF CATCHES

The Guinean authorities shall make available a vessel (hereinafter referred to as the
collection vessel) for collecting the  catches of  fishing vessels  operating  in Guinea's
EEZ which are to be landed in Guinea.

The collection vessel shall collect the excess by-catches, and the catches not intended
for the Community market, of fishing vessels flying the flag of an EC Member State,
in accordance with point 4 of the Annex.

The  collection  vessels  shall  be  equipped  and  financed  by  the  Government  of  the
Republic of Guinea.

Where  the  Guinean  authorities  decide  to  collect  catches,  as  referred  to  at  point  2,
which have been reported by a Community vessels in accordance  with  point  4.2 or
4.3 of the Annex to the Protocol, they shall notify the skipper of the maximum time
limit within which the collection is to be carried out.

The  skipper  of  the  Community  vessel  shall  propose  to  the  Guinean  authorities  a
venue, date  and  time-slot  for  transferring  the  catches.  This  date  and  time-slot  must
allow  the  collection vessel to reach  the  place  indicated  in  time  and  shall  be  agreed
between the two parties.

At the time of the transfer, the person in charge of the collection vessel shall issue a
receipt indicating the quantities transferred, as well as the time and place of transfer.

Collection costs shall be borne by Guinea. The cost of storing on board the fish to be
transferred shall be borne by the vessel-owner.

The fish transferred shall be used to supply the market with a view to enhancing food
security.

The  two  parties,  acting  on  a  proposal  from  the  Government  of  the  Republic  of
Guinea, shall define the technical arrangements, which shall be communicated to the
vessel-owners as soon as possible.

1.

2.

3.

4.

5.

6.

7.

8.

9.

28

 
LEGISLATIVE FINANCIAL STATEMENT

Policy area(s):

Fisheries

Activity (activities): 1103

International Fisheries Agreements

TITLE OF ACTION

NEW  FISHERIES  PROTOCOL  BETWEEN  THE  EUROPEAN  COMMUNITY  AND  THE
REPUBLIC OF GUINEA.

1.

BUDGET LINE(S) + HEADING(S)

B78000: International Fisheries Agreements

2.

2.1

OVERALL FIGURES

Total allocation for action (Part B):

€3 900 000 in the first year,  €4 125 000 in  the second  year,  and  €4 250 000
per year in the third, fourth and fifth years, in commitment appropriations.

2.2

Period of application:

This  Protocol,  which  contains  the  provisions  on  fishing  opportunities  and
financial compensation, has been  concluded  for a period of five  years from
the date of its entry into force (1 January 2004 to 31 December 2008).

2.3

Overall multiannual estimate of expenditure:

minimum: €17 800 000

maximum: €20 775 000

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

€ million (to three decimal places)

Year
n

n + 1

n + 2

n + 3

n + 4

Commitments mini

3.900

3.700

3.400

3.400

3.400

maxi

3.900

4.125

4.250

4.250

4.250

Payments

mini

3.900

3.700

3.400

3.400

3.400

maxi

3.900

4.125

4.250

4.250

4.250

n + 5 and
subsequent
years

---

---

Total

17.800

20.775

17.800

20.775

29

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

Commitments

Payments

---

---

---

---

---

---

Subtotal a+b

Commitments mini

3.900

3.700

3.400

3.400

3.400

maxi

3.900

4.125

4.250

4.250

4.250

Payments

mini

3.900

3.700

3.400

3.400

3.400

maxi

3.900

4.125

4.250

4.250

4.250

---

---

---

---

17.800

20.775

17.800

20.775

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

Commitments/
payments

46.791+

46.791

46.791

46.791

46.791

-----

275.955

42.000=

88.791

€ million (to three decimal places)

TOTAL a+b+c

€
million

Commitments mini

3.989

3.747

3.447

3.447

3.447

----

maxi

3.989

4.172

4.297

4.297

4.297

Payments

mini

3.989

3.747

3.447

3.447

3.447

----

maxi

3.989

4.172

4.297

4.297

4.297

18.077

21.052

18.077

21.052

30

 
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 

X
implementation of a measure)

implications  (involves 

technical  aspects  regarding

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, 27.04.1983).

5.

5.1

DESCRIPTION AND GROUNDS

Need for Community intervention

The  current  Protocol  to  the  Fisheries  Agreement  between  the  European
Community and the Republic of Guinea will expire on 31 December 20034.
In  order  to  ensure  that  the  Community  fleet  may  continue  to  fish  in  the
waters of the Republic of Guinea, the Commission  has  negotiated  with this
country  a  new  Fisheries  Protocol  which  is  to  replace  the  existing  Protocol,
entering into force on 1 January 2004. These negotiations were based on the
results of the study to evaluate Guinean stocks direct by means of a scientific
trawl survey carried out in October 2002, and the evaluation of the existing
Protocol, including an impact analysis of the future Protocol.

4

Council  Regulation  (EC)  No  445/2001  of  26  February  2001  (OJ  L  64,  6  March  2001).
Extended  in  2002  by  Regulation  (EC)  No  924/2002  of  30  May  2002  (OJ  L  144,  1.6.2002).
This  Protocol  will  be  extended  again  in  2003,  the  procedure  for  adopting  the  relevant
Regulation being under way.

31

 
                                                
5.1.1

Objectives pursued

This  new  Protocol  is  in  keeping  with  the  two  parties'  concern  that  their
fisheries  relations  should  be  reinforced  by  promoting  the  development  of
responsible, sustainable fishing in Guinea, based in particular on an efficient
and dissuasive surveillance system and an effective fisheries research policy.

It emphasises, inter alia, the need to preserve fisheries resources and to give
priority  to  traditional  non-industrial  fishing.  In  addition,  it  is  aimed  at
contributing  towards  food  security  by  substantially  reducing  discards  and
setting  up  a  collection  system  for  catches  to  be  landed  in  Guinea  by
Community  vessels.  The  Protocol  relies  on  the  Fisheries  Agreement  as  a
means of developing fisheries in Guinea.

This  new  Protocol  will  make  it  possible  to  promote  business  partnerships
between  Community  operators  and  Guinean  operators  aimed  at  joint,
responsible exploitation of Guinean fisheries resources.

Community vessel-owners will thus be able to continue fishing (in particular
for  shrimp,  demersal  fish  species,  cephalopods  and  tuna)  in  Guinea's
exclusive economic zone (EEZ).

The Community's general aim will be to fulfil a responsible role by helping
Guinea  to  preserve  its  fisheries  resources  and  develop  its  own  industrial
fishing capacity and associated activities.

For a more detailed overview of the objectives of the new Protocol and of the
indicators  to  be  used  in  conducting  an  appraisal  at  a  later  date,  see  the
ex-ante evaluation in the Annex.

5.1.2 Measures taken in connection with ex-ante evaluation

included 

The  Commission  has  carried  out  the  analyses  required  to  prepare  for  the
negotiation  of 
the
this  new  Protocol.  These  analyses 
intermediate/ex-post  evaluation  of  the  existing  Fisheries  Protocol  between
the  European Community  and the  Republic  of  Guinea  Conakry  (2000/2001
Protocol,  extended  from  1  January  2000  to  31  December  2002  and  from  1
January 2003 to 31 December 2003), as well as an analysis of the impact on
sustainability  of  the  future  Fisheries  Protocol  between  the  two  parties,
comprising  an  ex-ante  evaluation.  In  carrying  out 
the
Commission  based  itself  on  a  study  by  an  external  consultant,  which  was
made available to DG FISH before it embarked on the negotiations with the
Republic of Guinea.

tasks, 

these 

32

 
Conclusions and results of the ex-ante evaluation

– 

– 

– 

– 

Fishing  operators  in  the  European  private  sector  are  interested  in  the
waters of Guinea (and West Africa in general) as a source of the high-
quality fish on which their income and jobs depend. In addition, the EC
has a dual interest in developing and maintaining the fisheries sector in
Guinea: first, by providing financing for the development of Guinea, a
founder member of the ACP group and, second, by providing a fishing
environment for the European fleet, which employs national fishermen
and supplies the European market with fish.

The Government of the Republic of Guinea is interested in its coastal
waters as a source of food for its population and as a national resource
generating  foreign  currency.  The  fishing  sector  is  also  a  potential
source of technology transfer and secondary income through activities
associated with both the inputs and outputs of fishing.

The  private  sector  in  Guinea,  which  is  composed  mainly  of  non-
in  processing  and
industrial  fishermen,  and  persons 
distributing fish and in port services, depends on fishing as a source of
employment, food and training.

involved 

Fishing  activities  in  Guinean  waters  are  to  some  extent  unsupervised,
particularly in the case of illegal fishing operations by Asian fleets. As
long as  this  situation prevails,  the Guinean  Government  will  continue
to lose revenue and will run the risk of overexploitation and destruction
of its fish stocks. It is, therefore, not only in the Government's interests
but it is also incumbent upon it to take steps to impose stricter controls
on fishing activities.

Details  of  the  analyses  relating  to  the  ex-ante  evaluation  are  given  in  the
Annex.

In  keeping  with  the  lessons  drawn  from  the  ex-post  evaluation  (see  point
5.1.3  below),  the  new  Protocol  incorporates  the  factors  required  to  remedy
the shortcomings of the existing  Protocol  and  to  reinforce  the  points  which
have proven to be positive.

33

 
Measures incorporated in the new Protocol

The  following  clauses  were  proposed  by  the  Commission  and  accepted  by
Guinea. They are innovatory measures deriving from the ex-post evaluation:

– 

Contribution  towards  the  establishment  of  responsible  fisheries:  In  view  of
the  degree  of  overfishing  in  the  coastal  zone,  the  Republic  of  Guinea
undertakes  to  incorporate  in  its  fisheries  plan  for  the  year  2004  and
subsequent  years  during  the  validity  period  of  the  Protocol  a  provision
reserving  for  the  Guinean  non-industrial  fleet  the  fishing  zone  between  the
coast and the 20 metres isobath and, where this isobath is reached less than
12  miles  from  the  coast,  the  zone  between  the  coast  and  12  nautical  miles
from the coast. See diagram below:

34

 
Guinée Bissau

Guinée

Sierra Leone

Ligne de base

Limite des 10 miles

Limite des 12 miles

Guinea Bissau

Guinea

Sierra Leone

Baseline

10-mile limit

12-mile limit

Zone de la côte à 10 miles au large (4900
km²)

Coastal  zone  out  to  10  miles  offshore
(4900 km²)

Zone délimitée par la ligne vers la côte, et
la  ligne  des  12  miles  et  isobath  offshore
(5033 km²)

Coastal  zone  delimited  by  the  line  10
miles des 10 miles from the coast, and the
12-mile line and 20 metre (5033 km²)

Diagram  6:  Map  of  the  Guinean  EEZ  showing  the  impact  of  limiting  the  industrial  fishing
zone to over 12 miles from the coast and over 20 metres in depth

In order to avoid discrimination against the Community, this provision shall be applicable to
the  Community  fleet  only  where  it  is  applied  to  all  industrial  fleets  without  exception.  The
Republic of Guinea will notify the Commission of  the date  of  application  of  this  measure  a
month in advance. Until this date, the fishing zone of the Community fleet will be the same as
at present (starting 10 miles from the coast).

– 

– 

Contribution towards improving the socio-economic impact of the Agreement:
In  order  to  minimise  discards  by  European  vessels,  a  scheme  for  collecting
excess catches has been established. Catches collected at sea or landed will be
handed over free of  charge  in order  to  contribute towards  supplying the local
population.  These  catches  will  be  taken  into  account  for  the  purpose  of
fulfilling the condition, laid down at point 3 of this Annex, that 200 kilograms
of  fish  per  GRT  be  landed  free  of  charge  each  year.  It  will  no  longer  be
possible to pay instead of landing such catches.

Contribution  towards  cooperation  between  private  operators:  The  two  parties
undertake  to  promote  the  setting-up  of  joint  ventures  between  Community
operators and Guinean operators for the purpose of jointly exploiting fisheries
resources  in  the  exclusive  economic  zone  of  the  Republic  of  Guinea.
Community  vessel-owners  who  are  partners  in  such  joint  ventures  will  be
given  priority  when  fishing  licences  are  issued  and  will  benefit  from  a
reduction in fees by way of an incentive. The Government of the Republic of
Guinea  undertakes  to  grant  facilities  as  provided  for  in  the  investment  code.
Furthermore, those vessel-owners must land in Guinea all fish caught which is
not destined for the European market.

In  addition,  the  exclusivity  clause  (Community  vessels  may  fish  only  under  the
Agreement in Guinea) and the social clause have been included in the Protocol.

35

 
Changes introduced by the new Protocol in relation to traditional components

Fishing  opportunities,  financial  compensation,  fees,  and  the  scheme  for  managing
licences and other technical measures are included in all the fishing protocols and are
the  result  of  negotiations  with  the  Community's  partner.  The  principal  changes
introduced by the new Protocol with the Republic of Guinea concern the duration of
the  Protocol,  fishing  opportunities,  the  financial  compensation,  abolition  of  the
premium,  and  the  fees  to  be  paid  by  vessel-owners  (with  no  impact  on  the
Community budget) for licences.

– 

– 

– 

– 

– 

Duration of five years (1 January 2004 to 31 December 2008). Such a validity
period  will  allow  the  above-mentioned  measures  sufficient  time  to  produce
results.

Additional  fishing  opportunities,  applicable  from  2005  to  fin-fish  and
cephalopod trawlers, subject to the following conditions:

●

●

●

availability of scientific evidence of the sound state of stocks,

equivalent reduction in the quota of licences issued outside the scope of
agreements

satisfactory rate of use of fishing opportunities.

The  financial  compensation  per  GRT  has  been  increased  from  €740/GRT  to
€850/GRT,  slightly  above  the  level  of  the  Protocol  with  Guinea  Bissau,  but
well  below  that  of  the  Protocols  with  other  countries  in  the  same  region
(Angola,  Senegal  or  Mauritania).  It  therefore  involves  a  15%  increase  after
four years (2000/03), which may be considered moderate and the outcome of a
reasonable negotiation. In absolute terms, it represents €440 000 a year, which
in  the  light  of  the  approximate  benefits  of  €90.5  million  (see  ex-post
evaluation) for the EU is not significant.

The premium provided for in the current Protocol in order to reduce the overall
fishing effort has been replaced by two payments, of €500 000 and €300 000,
in  the  first  two  years  of  the  Protocol  for  the  purchase  of  at  least  two
surveillance  vessels.  It  was  considered  that  this  measure  would  be  more
effective than the previous measure in reinforcing surveillance.

Licence  fees  for  trawlers  have  been  increased  to  the  level  of  those  under  the
Protocol  with  Guinea  Bissau  (+23%  for  fin-fish  trawlers,  +25%  for  cephalod
trawlers and +58% for shrimp trawlers). The amounts of the advances for tuna
vessels  and  longliners  have  also  been  increased  (+11%  for  seiners,  +7%  for
pole-and-line vessels and between +14% and  +60% for longliners). However,
the reference amount of €25/tonne has not been  changed. These increases are
aimed  at  preventing  discrimination  against  Guinea  Conakry  in  relation  to  a
neighbouring country and have no impact on the Community budget (they are
paid by the vessel-owners).

– 

Quarterly  licences  run  from  1  January,  1  April,  1  July  and  1  October.  Half-
yearly  licences  run  from  1  January  and  1  July.  Annual  licences  run  from  1

36

 
January.  This  will  make  it  possible  to  manage  licences  more  efficiently  and
tighten controls over the fishing effort.

5.1.3 Measures taken following ex-post evaluation

Cost-benefit analysis under the 2000-03 Agreement

(a)

The  principal  costs  for  the  EU  derive  from  the  payment  of  compensation  by
DG  FISH  and  of  licences  by  European  vessel-operators.  These  costs  alone
represent  €11.4  million  over  three  years  out  of  an  estimated  total  of  €13.3
million.

(b) The principal benefits for the EU lie in:

(i)

The  value  of  the  fish  caught  by  European  vessels  in  Guinean  waters,
which  is  estimated  at  €26.4  million  in  terms  of  the  landing  price.  The
estimated added value for processing and distributing the fish represents
a further €18.9 million. The overall benefit for fish caught in Guinea thus
amounts to €45.3 million.

(ii) The  value  of  European  jobs  directly  maintained  by  fishing  activities  in
Guinea  (crews)  and  estimated  direct  secondary  employment  in  the
countries of origin amount to €45.2 million.

(iii) The  total  value  of  €90.5  million  over  three  years  is  therefore  shared
equally  between  the  value  generated  by  catches  and  the  value  of
maintaining  direct  and  secondary  employment,  each  of  which  is  worth
€15 million per year.

(c)

The benefits for Guinea are chiefly financial. The payment of compensation by
the EC and the payment of licences by the EU represent 89% of the benefit of
€12.7 million.

(d) The  expenditure  to  be  borne  by  Guinea  under  the  Fisheries  Agreement
represents  only  1%  of  the  benefits  (€128 000).  The  largest  item  of  such
expenditure  is  the  cost  of  surveillance  operations  by  the  CNSP  (only  11%  of
which  is  targeted  at  EU  activities,  based  on  the  number  of  non-tuna  vessels
involved).

Description of the principal results of the ex-post evaluation

According to the ex-post evaluation of the preceding Protocol, the following lessons
may be drawn, and have been taken into consideration in drafting the new Protocol:

– 

The measures introduced by Guinea for the management of fish stocks have not
succeeded in preventing overfishing in the coastal zone.

The  Republic  of  Guinea  undertakes  to  incorporate  in  its  fisheries  plan  for  the  year
2004  and  subsequent  years  during  the  validity  period  of  the  Protocol  a  provision
reserving for the Guinean non-industrial fleet the fishing zone between the coast and
the 20 metres isobath and, where this isobath is reached less than 12 miles from the
coast,  the  zone  between  the  coast  and  12  nautical  miles  from  the  coast
(see point 5.1.2).

37

 
– 

The  preceding  Protocols  have  not  succeeded  in  improving  local  market
supplies and food security for the population. At the same time, discards are a
waste of resources.

In  order  to  minimise  discards  by  European  vessels,  a  scheme  for  collecting  excess
catches has been established. Catches collected at sea or landed shall be handed over
free  of  charge  in  order  to  contribute  towards  supplying  the  local  population
(see point 5.1.2).

– 

Fisheries  protection  and  control  measures  in  Guinea  are  inefficient  and  the
previous Protocols have not succeeded in reducing illegal fishing.

In order to improve this situation, provision is made for two payments, of €500 000
and €300 000, in the first two years of the Protocol for the purchase of at least two
surveillance vessels (sees point 5.1.2). In addition, at least €400 000 per year will be
used to improve fisheries surveillance and management of the fishing effort.

– 

Previous Protocols have also done little to generate local added value.

In  order  to  improve  this  situation,  at  least  €175 000  per  year  will  be  spent  on  the
organisation  of  non-industrial  fishing  and  at  least  €150 000  per  year  on  the
promotion of training  in  the  different  scientific,  technical  and  economic  disciplines
relating to fisheries.

– 

Guinean  involvement  in  the  fisheries  sector  has  remained  largely  non-
industrial.

In  order  to  improve  this  situation,  the  two  parties  have  undertaken  to  promote  the
setting-up of joint ventures between Community operators and Guinean operators for
the purpose of jointly exploiting fisheries resources in the exclusive economic zone
of  the  Republic  of  Guinea.  Vessel-owners  operating  in  the  context  of  such  joint
ventures must land in Guinea all fish caught which is not destined for the European
market (see point 5.1.2).

– 

Regional cooperation with other West African countries has been limited.

In order to  improve this  situation, at least €175 000  per  year will be earmarked for
the  contribution  to  and  participation  by  the  Republic  of  Guinea  in  international
fisheries organisations.

– 

The lack of information on fishing in Guinea makes it difficult to carry out an
accurate assessment of the activities and results of the fisheries sector.

In  order  to  improve  this  situation,  a  stricter  licence-management  system  has  been
introduced (see point 5.1.2).

38

 
5.2

Action envisaged and budget intervention arrangements

The new Protocol will be valid for a period of five years, from 1 January 2004.

5.2.1

Budget intervention arrangements

The financial allocation under the Agreement comprises the following:

□

The  financial  contribution  referred  to  in  Article  2  of  the  Protocol.  This
financial contribution is in turn composed of:

♦

♦

Financial  compensation  paid  to  the  Government  by  way  of  commercial
compensation  for  the  benefits  enjoyed  by  the  Community  under  the
Agreement.

The financing of measures aimed at achieving objectives associated with
the sustainable management of Guinean fisheries resources, as laid down
in the Guinean Government's sectoral programme and in accordance with
the breakdown provided for in Article 3 of the Protocol.

These objectives are as follows:

♦

♦

♦

♦

♦

Improve  knowledge  of  fishery  and  biological  resources  in  the
Republic of Guinea's fishing zone.

Improve  fisheries  surveillance  and  management  of  the  fishing
effort.

Institutional  reinforcement  of  the  structures  of  the  Fisheries
Ministry.

Promotion  of  training  in  the  different  scientific,  technical  and
economic disciplines associated with fisheries.

Contribution  to  and  participation  by  the  Republic  of  Guinea  in
international fisheries organisations

□

Two payments, of €500 000 and €300 000, in the first two years of the Protocol
for the purchase of at least two surveillance vessels to combat illegal fishing.

The financial contribution is set as follows:

●

●

●

For 2004, at €3 400 000 (comprising €2 000 000 in financial compensation and
€1 400 000  for  measures  aimed  at  achieving  the  abovementioned  objectives
associated with the sustainable management of Guinean fisheries resources).

For 2005, at €3 825 000 (comprising €2 200 000 in financial compensation and
€1 625 000  for  measures  aimed  at  achieving  the  abovementioned  objectives
associated with the sustainable management of Guinean fisheries resources).

For 2006, at €4 250 000 (comprising €2 300 000 in financial compensation and
€1 950 000  for  measures  aimed  at  achieving  the  abovementioned  objectives
associated with the sustainable management of Guinean fisheries resources).

39

 
●

●

For 2007, at €4 250 000 (comprising €2 300 000 in financial compensation and
€1 950 000  for  measures  aimed  at  achieving  the  abovementioned  objectives
associated with the sustainable management of Guinean fisheries resources).

For 2008, at €4 250 000 (comprising €2 300 000 in financial compensation and
€1 950 000  for  measures  aimed  at  achieving  the  abovementioned  objectives
associated with the sustainable management of Guinean fisheries resources).

Arrangements for granting the financial compensation

The  financial  compensation  is  payable  no  later  than  30  September  of  the  first  year
(2004) and 1 February of each subsequent year (2005, 2006, 2007 and 2008).

If the increases in fishing opportunities provided for 2005 and subsequent  years are
not granted, the financial contribution which the European Community is to grant to
the  Republic  of  Guinea  will  be  adjusted  in  proportion  to  the  amount  established
above.

The  Government  of  the  Republic  of  Guinea  will  have  full  discretion  regarding  the
use  of  the  financial  compensation,  which  will  be  paid  into  an  account  specified  by
the  Government  of  the  Republic  of  Guinea  and  opened  on  behalf  of  the  Public
Treasury.

Arrangements for granting financing for measures aimed at achieving the objectives
associated with the sustainable management of Guinean fisheries resources

The  two  parties  have  undertaken  to  establish  the  indicators  to  be  adopted  for  the
purpose  of  assessing  to  what  extent  the  objectives  associated  with  the  sustainable
management  of  Guinean  fisheries  resources  have  been  met.  In  establishing  these
indicators, the Commission will base itself on, inter alia, the methodology and list of
indicators to be proposed in a study which will be made available to the Commission
by an external consultant.

5.2.2

Identification of the impacts of the new Protocol

The fundamental question  which  this  Protocol  addresses  lies  in  the  maintenance  of
fishing  opportunities  for  European  vessels  at  an  adequate  level  in  the  territorial
waters of the Republic of Guinea. Historically, European vessels have enjoyed such
opportunities in the context of an EU-Guinea Agreement, which was first signed in
1983  and  has  been  renewed  on  successive  occasions  up  to  the  present  time.  Since
2000, this Agreement has defined the scope of the fishing opportunities available to
the  Europeans,  which  the  Commission  has  divided  between  Member  States  with  a
tradition of fishing in this region.

40

 
The communities which could be affected by the  existence or otherwise of  such an
Agreement,  and  by  the  terms  thereof,  are  (with  an  indication  of  the  numbers
involved):

♦

♦

♦

♦

♦

♦

♦

♦

Fishing  communities  in  the  EU  regions  where  fishing  vessels  are  generally
based.  In  the  case  of  tuna  fishing,  the  main  regions  affected  are  Brittany
(France)  and  Vizcaya  (Spain),  while  in  the  case  of  shrimp  fishing,  they  are
Liguria  (Italy)  and  Piraeus  (Greece).  For  these  regions,  the  possibility  of
fishing  in  Guinean  waters  has  an  economic  impact  -  albeit  limited  -  and
therefore  a  social  impact.  (A  few  hundred  people  are  directly  affected,  and
probably  a  thousand  are  affected  if  immediate  secondary  employment  is
included).

For  the  Guinean  coastal  communities  (3  million  inhabitants),  there  is  a
potential environmental or ecological impact if Guinean waters are polluted by
EU fishing activity, or if this activity alters the ecological balance.

The  resources  of  the  Guinean  population  in  general  (7.6  million)  could  be
threatened and its diet could suffer if European fishing activities were to cause
a decline in fish stocks.

The  Guinean  economy  as  a  whole  (GDP:  €3.3  million),  which  benefits  from
the compensation paid by the EC.

In particular, the fisheries sector, which benefits directly or indirectly from the
compensation paid by the EC to the Ministry of  Fisheries and Aquaculture (a
body with an annual budget of approximately €2.8 million).

The  Guinean  fishing  community,  which  operates  mainly  on  a  non-industrial
scale,  may  be  affected  on  an  economic  level  if  European  fishing  activity
compromises  its  own  activity,  which  would  have  social  consequences.
(Approximately  10 000  fishermen,  and  70 000  persons  whose  livelihood
depends on fisheries).

The  other  industrial  fleets  operating  in  Guinean  waters,  whose  activities  may
be  influenced  by  the  measures  taken  by  the  EC  and  Guinea  under  the  new
Agreement. The influence could be direct (e.g. an increase or decrease in EU
fishing rights)  or  indirect (e.g. if  new  rules  contained  in  the  Protocol  were  to
apply to  the  entire  industrial  fleet).  (Around  150  fishing  vessels,  representing
approximately 50 000 tonnes of fish per year).

The European population in general (in the order of 300 million), for whom the
increased supply of fish on the market could have a social impact.

41

 
In brief, the impact of the measures envisaged by the new Protocol and their relative
importance are:

– 

The proposal to extend the zone reserved for non-industrial fishing (from <10
miles  at  present  to  <12  miles  and  <20  metres  depth)  will  generate  important
advantages for Guinea:

Environmental (recovery of over-exploited stocks and preservation of the
ecosystem).

Economic (improved yields in the non-industrial sector).

Social (effect resulting in economic development).

●

●

●

In addition:

●

The extension of the  non-industrial  fishing  zone  will  be  adopted  by  the
Ministry of Fisheries and Aquaculture and will be applied to all industrial
fleets, with the multiplier effect which that entails.

The  potential  negative  consequences  for  the  EC  are  slight  (reduction  in  the  fishing
zone available to the  European  fleet). Tuna  and shrimp fishing  will  not be  affected
(deep-water),  while  other  types  of  fishing  should  be  affected  only  slightly.  The
negative effect is potentially greater in the case of the other foreign industrial fleets.
However, the  negative  effects  for these  fleets  constitute  positive  effects  for  Guinea
and for the environment.

●

●

●

The increased compensation to the Ministry of Fisheries and Aquaculture will
have  a  positive  economic  and  social  impact  in  Guinea  since  more  resources
will come under surveillance. The fact that non-industrial fishing will become
easier in the extended zone is likely to attract more non-industrial fishermen to
this activity.  It is also necessary, therefore, to supervise non-industrial fishing
in order to avoid neutralising the benefits of  the protective  measures taken in
the coastal zone.

The overall fishing effort will not be increased, because any increase in fishing
opportunities for Community trawlers  is subject to an equivalent reduction  in
the quota of licences issued outside the scope of agreements.

Reducing  discards  and  using  them  to  supply  the  local  market  will  have  a
beneficial effect on both the environment and food security.

5.3

Methods of implementation

Implementation of the Protocol is the sole responsibility of the Commission and will
be undertaken by its officials both in Brussels and at its Delegation in Guinea.

42

 
6.

6.1

6.1.1

FINANCIAL IMPACT

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

Financial  intervention:  Commitment  appropriations  in  €  million  (to  three  decimal
places)

Breakdown

Year n

n + 1

 n + 2

n + 3

n + 4

n + 5 and
subs. fin.
years

Total

Financial

mini

3.400

3.400

3.400

3.400

3.400

-----

17.000

contribution (FC) maxi5

3.400

3.825

4.250

4.250

4.250

19.975

Targeted measures6

1.400

1.400

1.400

1.400

1.400

-----

7.000

mini

(part of the total FC) maxi

Purchase  of  surveillance
vessels in 2004 and 20057

1.400

1.625

1.950

1.950

1.950

8.875

0.500

0.300

----

----

-----

-----

0.800

TOTAL

mini

3.900

3.700

3.400

3.400

3.400

-----

17.800

Maxi

3.900

4.125

4.250

4.250

4.250

-----

20.775

5

6

7

See Article 2 of the Protocol.
Included in the FC.
In addition to the FC.

43

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

Year n

n + 1

 n + 2

n + 3

n + 4

Total

n + 5 and
subs. fin.
years

Technical 

(1) 
administrative
assistance:

and

(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

44

 
6.2.

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

Commitment appropriations in € million (to three decimal places)

Breakdown

Type of products/outputs
(projects, files, etc.)

Number of outputs

Average unit cost

Total cost

(total for years 1…n)

(total for years
1…n)

Fishing  opportunities 
exchange 
compensation

in
financial

for 

Action 1

Action 2

Partnership  measures 
the fisheries sphere

in

TOTAL
COST

Between 4 000  GRT  and
5 000  GRT  for  trawlers,
34  seiners,  14  pole-and-
line vessels and 9 surface
longliners.

Mini: 
million/year

€2.000

10.000

11.1008

Maxi: 
million/year

€2.220

Targeted  measures  and
purchase  of  surveillance
vessels

Mini: 
million/year

€1.560

7.800

9.675

Maxi: €1.935/year

between 17.800

and 20.775

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

Total

Person/months

Description of tasks
deriving from the
action

Negotiation  of  and
follow-up 
the
Agreement.

to 

4

0.5

0.5

5

Officials or

Temporary staff

A

B

C

human

Other 
resources

Total

1

1

1

3

8

If all the annual increases are applied.

0

45

 
                                                
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/year

[(100 000/12)x4]+[(60 000/12)x
0.5]+[(47 000/12)x0.5)]

(Budget lines A-7000 and A-7003)

Total

37 791/year

The amounts are total expenditure for twelve months.

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/year

0

0

0

0

42 000 Ex-post evaluation

Total

9 000/year
+42 000

46

 
The amounts are total expenditure for twelve months.

I.

Annual total (7.2 + 7.3)

Last year: 46 791+42 000
other years: 46 791

II.

III.

Duration of action

Total cost of action (I x II)

Five years

€275 955

Human  and  administrative  resources  requirements  will  in  any  event  be  covered  by  the
appropriations allocated to the relevant department.

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

8.

8.1

FOLLOW-UP AND EVALUATION

Provisions on follow-up

The  financial  compensation  is  payable  no  later  than  30  September  of  the  first  year
(2004) and 1 February of each subsequent year (2005, 2006, 2007 and 2008).

If the increases in fishing opportunities provided for in Article 1(1) are not granted,
the financial contribution which the European Community is to grant to the Republic
of Guinea will be adjusted in proportion to the amount established above.

The Government of the Republic of Guinea has  full discretion regarding  the use to
which the financial compensation is put. It will be paid into an account specified by
the Government of the Republic of Guinea and opened with the Public Treasury.

As regards the financing of measures aimed at achieving certain objectives laid down
in  the  Guinean  Government's  sectoral  programme,  the  two  parties  undertake  to
establish  the  indicators  to  be  adopted  for  the  purpose  of  assessing  to  what  extent
these objectives have been met. In establishing these indicators, the Commission will
base itself on, inter alia, the methodology and list of indicators to be proposed in a
study which will be made available to the Commission by an external consultant.

The  measures  and  the  annual  amounts  allocated  thereto  will  be  decided  on  by  the
Fisheries Ministry, which will duly inform the European Commission.

Provisions on the transfer of funds:

The annual amounts will be made available to the bodies concerned not later than 30
September 2004 in the first year and 2 May in subsequent years, and will be paid into
the bank accounts specified by the Fisheries Ministry according to the schedule  for
their use. The Fisheries Ministry will provide the bank  account numbers to be used
for such payments.

47

 
No  later  than  three  months  after  the  anniversary  date  of  the  entry  into  force  of  the
Protocol,  the  Fisheries  Ministry  will  forward  to  the  European  Commission
Delegation  a  comprehensive  report  for  the  first  year  and  a  detailed  report  for
subsequent years on the extent to which the above objectives have been achieved on
the basis of the indicators adopted. The European Commission reserves the right to
ask  the  Fisheries  Ministry  for  any  additional  information  on  the  results  and  to
reconsider the payments concerned should the measures not be implemented.

8.2

Arrangements and schedule for evaluations

Prior to a possible renewal in 2008, the Protocol will be evaluated in accordance with
the Communication (SEC(2000)1051) of 26 July 2000 on Strengthening  Evaluation
of Commission Activities.

This evaluation will have to take account of direct economic indicators (catches and
value  of  catches),  indicators  of  the  impact  (number  of  jobs  created  and  maintained
and relationship between  the cost of  the  Protocol and the value  of  the  catches) and
indicators of the effects on the ecosystem.

As  regards  measures  aimed  at  achieving  objectives  associated  with  the  sustainable
management of Guinean fisheries resources, see above.

9.

ANTI-FRAUD MEASURES

Since  the  financial  compensation  is  paid  by  the  Community  in  direct  exchange  for
the  fishing  opportunities  offered,  the  third  country  uses  it  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. The Commission reserves the right to request
additional information on the results achieved and to review payments in the light of
the actual implementation of the measures.

The  Commission  will  present  to  the  Fisheries  Ministry,  via  its  Delegation  in  the
Republic of Guinea, an application for each vessel that is to be used for fishing under
the Agreement, at least 30  days  before the  date  of commencement  of  the period  of
validity requested. An initial check on the compliance of applications will be carried
out by DG FISH.

Each licence application will be accompanied by proof of payment of the fee for the
period  of  validity  of  the  licence  and  by  a  copy  of  the  tonnage  certificate.  Payment
will  be  made  into  the  account  opened  with  the  Public  Treasury  of  the  Republic  of
Guinea.

Each vessel must be represented by an agent of Guinean nationality established in the
Republic of Guinea. The name and address of the agent must appear on the licence
application.

48

 
After proof of payment of the fee is received, the licence will be signed and issued by
the Fisheries Ministry to the vessel-owners or their representatives via the European
Commission Delegation in the Republic of Guinea.

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  Protocol  also  requires  Community  vessel-owners  to  fill  out  catch  declarations
(which must be transmitted to the Commission and the Guinean authorities), which
then serve as the basis for drawing up the final annual statement of catches under the
Protocol and the corresponding fees.

49

 
ANNEX9

EX-ANTE EVALUATION

Introduction

In carrying out this ex-ante evaluation of the likely new Protocol to the Fisheries Agreement
for 2004-08, we have assumed that the actors and parties involved are the same as those taken
into account in the ex-post evaluation and impact analysis for the current Protocol.

Presentation of actors taken into account

Actors and interested parties

Responsibilities and area of interest

1. European Commission

Administration  of  the  Fisheries  Agreement  with
Guinea,  general  responsibility  in  monitoring  the
issue of licences and the declaration of catches

Payment of compensation to Guinea

Administration  of  technical  assistance  and  other
programmes  of  assistance  to  Guinea  (by  other
DGs)

2. EU fishing operators

Payment of licences for fishing in Guinea

3. EU fishing industry

4. EU fishermen

5. Guinean Government expenditure

Operation of fishing fleets in Guinea

Import,  processing  and  distribution  of  fish  and
fishery products from Guinea

Members of crews of European vessels fishing in
Guinean waters

Expenditure 
linked 
programmes and projects in Guinea

fisheries  and 

to 

fishery

Policies.  Infrastructure  and  organisation  of  the
fishing industry in Guinea

Representation  of  Guinea  at 
international level

regional  and

Activity  report  to  the  EC  and  expenditure  under
EC-Guinea Fisheries Agreement

6. Guinean Government revenue

Compensation paid by EC and licence payments

7. Guinean fisheries sector

Primarily small-scale fishing at village level

Processing (smoking) and local distribution

Limited 
freezing) for export to Europe

processing 

activities 

(packaging,

8. Port services in Guinea

Port  services 
supplies, cold storage)

(repairs, 

food  supplies, 

fuel

9

This  Annex  has  been  drafted  on  the  basis  of  information  from  the  study  carried  out  by  METRA
Economic Consulting at the request of the European Commission, which was presented to DG FISH on
20 June 2003.

50

 
                                                
Requirements to be met (medium and long-term)

For  each  actor,  the  following  requirements  have  been  identified  in  connection  with  the
Fisheries Agreement:

Requirements of the different actors/parties

Actors/Parties

Short-term needs

Long-term needs

1. European Commission

in 

strategy  and
Continuity 
actions  vis-à-vis the interests of
European fisheries

influence 

and
Continued 
dialogue  with  the  interests  of
European fisheries

Continuity 
actions vis-à-vis Guinea

in 

strategy  and

2. EU fishing operators

Access to Guinean EEZ

Availability 
of 
competitive price

fish 

at 

a

3. EU fishing industry

Availability of fish

Political influence on Guinea

Investment  promotion  policies
so  as 
fishing
to  continue 
activities in the Guinean EEZ

guarantee 

Long-term 
of
availability  of  fish  in  Guinean
waters

Policies 
measures
and 
encouraging  private  investment
in  Guinea 
infrastructures
in 
connected to fishing activities

4. EU fishermen

Guinean 

5. 
expenditure

Government

Guinean 

6. 
revenue

Government

Employment by European fleets Continuation 

fishing
operations of EU fleet in Guinea

of 

EU fisheries policy guidelines in
the long term

Details of new agreement to  be
permit
administered 
allocation  of  the  budget  and
associated staff

to 

Details  of  activities 
financed in the fisheries sector

to  be

Confirmation 
transfers from the EC

of 

anticipated

Payment  of  licences  by  private
operators

expectations 

Long-term 
as
regards  revenue  from  fisheries
operators and from the EC

7. Guinean fisheries sector

Maintaining fish stocks

Maintaining fish stocks

Access to coastal waters

Access to coastal waters

Protection against fraud

Protection against fraud

8. Port services in Guinea

Wider involvement in secondary
activities  (services  for  vessels,
processing)

Wider 
activities

involvement 

in 

fishing

The  short-term requirements  correspond  to  existing  requirements  which  must  be  taken  into
account  in  any  Fisheries  Agreement.  The  long-term  requirements  are  those  which  will
determine the evolution and development of the fishing sector in Guinea over the next five to
ten years.

51

 
Objectives to be attained, anticipated results and indicators

The  proposed  Protocol  to  the  Fisheries  Agreements  must  take  account  of  the  following
general objectives:

Objectives to be taken into account in the new Protocol

Objectives

Results

Indicators

Actors/
Parties

1. European
Commission

2. EU fishing
operators

Conclusion 
agreement with Guinea

of 

a 

new

New 
arrangements with Guinea

series 

of

Establishment of a financial
Protocol

New  rules 
operators

for  European

access 

Continued 
to
Guinean EEZ at reasonable
licence rates

Availability  of  port  services
in Guinea if necessary

New 
arrangements for licences

series 

of

Increase  in  use  of  Guinea
port facilities

3. EU fishing
industry

Continued  availability  of
fish at a competitive price

Fish available

No  unfair  competition  from
unlicensed fleets

Clearly demarcated borders

Safeguarding of jobs

Maintaining  and  developing
Guinea’s fishing industry

-  assistance  to  small-scale
fishermen

4. EU
fishermen

5. Guinean
Government
expenditure

Number 
maintained

of 

posts

Measures  adopted  (through
EC 
licence
payments)

financing  or 

- training of fishermen

-  development  of  port
facilities

improvement  of  cold-

- 
storage capacities

Agreement signed

Financial 
made

transfers

Number/GRT 
vessels  operating 
Guinean waters

of
in

Catches recorded

Licences paid

Turnover 
services

of 

port

Volumes  and  value  of
fish  landed  in  Europe
from Guinea

Returns  for  European
employers

Number  of  individuals
trained

Construction 
physical 
institutional
infrastructure

of
and

Minimal 
illegal fishing activity

reports 

of

- improved administration of
ports and fisheries

-  conformity  of  fish  caught
by  small-scale 
fishermen
with European standards

Influence  of  Guinea 
international fora

in

Elimination of illegal fishing

- training of administrators

improvement  of  health

- 
and hygiene standards

Participation 
forums

in 

regional

Minimise illegal fishing

Maximise 
licences

revenue 

from

Receipt  of  compensation
from EC

Licences and compensation
actually  paid  out,  received
and distributed

Government  statistics
and  reports  on  the  use
of funds

Stronger  participation 
fishing activities

in

Increase in revenue

Increase  in  formal/informal

Enquiries and  research
at village level

52

6. Guinean
Government
revenue

7. Guinean
fisheries
sector

 
Actors/
Parties

Objectives

Results

Indicators

More value-added

employment

Employment statistics

Increase  in  revenue  from
fishing activities

Transfer  of  technology  and
know-how

8. Port
services in
Guinea

involvement 

Maximise 
in
and  revenue  from  activities
related to fishing

Increase in revenue

Increase  in  formal/informal
employment

Transfer  of  technology  and
know-how

Enquiries and  research
at village level

Employment statistics

Value-added of Community assistance

See cost-benefits analysis

Risks and alternative options

The  introduction  of  a  new  Protocol  necessarily  involves  a  certain  degree  of  risk.  The
following table sums up the risks and proposes measures to introduce to try to control them.

Risks linked to the proposals and alternative options

Risks

Alternative options

Fraud:  Guinea’s  revenue  is  not  allocated  as
agreed

Improve  EC  monitoring  of 
expenditure

revenue  and

Chinese  and  Korean  fleets  continue  to  ignore
licences and other controls

Coastal fish stocks continue to decline

fishermen 

Small-scale 
marginalised,  no 
catches and revenue

increase 

continue 
in 

be
to 
their  share  of

Lack  of  investment  (local  or  foreign)  in  local
value-added operations

Improve control activities by patrols

Enforce the laws and rules by prosecution, fines,
confiscating equipment

Extend  the  reserved  area  to  12  miles  and  20m
depth

Review and improve measures in their favour

Review  the  terms  of  issuing  licences  as  regards
the  need  for  foreign  fleets  to  use  local  port
facilities

Review 
investment

laws  and 

initiatives 

in 

favour  of

Review cost factor (water, electricity, etc.)

Responsibility for these options will largely rest with the EC and the Guinean Government.

53

 
Conclusions

A number of interconnected questions are covered in this evaluation:

–

–

–

–

–

The  EC  has  a  dual  interest  in  developing  and  maintaining  the  fisheries  sector  in
Guinea:  first,  by  providing  financing  for  the  development  of  Guinea,  a  founder
member of the ACP group and, second, by providing a fishing environment for the
European fleet, which employs national fishermen and supplies the European market
with fish.

Fishing operators in the European private sector and fishermen are interested in the
waters of Guinea (and West Africa in general) as a source of the high-quality fish on
which their income and jobs depend.

The  Government  of  the  Republic  of  Guinea  is  interested  in  its  coastal  waters  as  a
source  of  food  for  its  population  and  as  a  national  resource  generating  foreign
currency.  The  fishing  sector  is  also  a  potential  source  of  technology  transfer  and
secondary  income  through  activities  associated  with  both  the  inputs  and  outputs  of
fishing.

The private sector in Guinea, which is composed mainly of non-industrial fishermen,
and persons involved in processing and distributing fish and in port services, depends
on fishing as a source of employment, food and training.

Fishing activities in Guinean waters are to some extent unsupervised, particularly in
the  case  of  illegal  fishing  operations  by  Asian  fleets.  As  long  as  this  situation
prevails, the Guinean Government will continue to lose revenue and will run the risk
of overexploitation and destruction of its fish stocks. It is, therefore, not only in the
Government's interests but it is also incumbent upon it to take steps to impose stricter
controls on fishing activities.

All  these  factors  are  interdependent  and,  therefore,  have  a  shared  interest  in  establishing  a
new Protocol which recognises the requirements of each.

54

 
Lessons drawn from previous experience

According to the ex-post evaluation of the preceding Protocol, the following lessons may be
drawn, and were taken into consideration in drafting the new Protocol:

–

–

–

–

–

–

–

The  measures  introduced  by  Guinea  for  the  management  of  fish  stocks  have  not
succeeded in preventing overfishing in the coastal zone.

The preceding Protocols have not succeeded in improving local market supplies and
food security for the population. At the same time, discards are a waste of resources.

Fisheries protection and control measures in Guinea are inefficient and the previous
Protocols have not succeeded in reducing illegal fishing.

Previous Protocols have also done little to generate local added value.

Guinean involvement in the fisheries sector has remained largely non-industrial.

Regional cooperation with other West African countries has been limited.

The  lack  of  information  on  fishing  in  Guinea  makes  it  difficult  to  carry  out  an
accurate assessment of the activities and results of the fisheries sector.

55