Proposal for a Council Decision on the conclusion of the Agreement in the form of an Exchange of Letters concerning the provisional application of the Protocol 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 Republic of Guinea on fishing off the Guinean coast
Date: 2003-12-10
Institutions: European Commission
Subjects: Guinea, catch quota, common fisheries policy, financial compensation of an agreement, fishing agreement, ratification of an agreement

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 10.12.2003
COM(2003) 766 final

Proposal for a

COUNCIL DECISION

on the conclusion of the Agreement in the form of an Exchange of Letters concerning
the provisional application of the Protocol 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 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 fo r 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.

In  order  to  guarantee  the  continuity  of  fishing  activities  by  Community  vessels,  the  new
Protocol must be approved as soon as possible. To this end, the two parties have initialled an
Agreement in the form of an Exchange of Letters allowing for the provisional application of
the initialled Protocol as from 1 January 2004.

On this basis, the Commission proposes that the Council adopt by Decision the draft Agreement
in the form of an Exchange of Letters on the provisional application of the new Protocol pending
its definitive entry into force.

A proposal for a Council Regulation on the conclusion of the new Protocol is the subject of a
separate procedure.

3

 
Proposal for a

COUNCIL DECISION

on the conclusion of the Agreement in the form of an Exchange of Letters concerning
the provisional application of the Protocol 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 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) thereof,

Having regard to the proposal from the Commission1,

Whereas:

(1)

(2)

(3)

(4)

(5)

(6)

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  coast2,  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.

At the end of those negotiations, a new Protocol was initialled on 27 June 2003.

The  Protocol  offers  Community  fishermen  fishing  opportunities  in  the  waters  under
the sovereignty or jurisdiction of the Republic of Guinea for the period 1 January 2004
to 31 December 2008.

In  order  to  guarantee  the  continuity  of  fishing  activities  by  Community  vessels,  the
new Protocol should be approved as soon as possible. To this end, the two parties have
initialled  an  Agreement  in  the  form  of  an  Exchange  of  Letters  allowing  for  the
provisional application of the initialled Protocol as from 1 January 2004.

The Agreement in the form of an Exchange of Letters should be approved, subject to
its definitive conclusion by the Council.

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

1

2

OJ C..., ......., p. ........
OJ L 111, 27.4.1983, p. 1.

4

 
                                                
HAS DECIDED AS FOLLOWS:

Article 1

The Agreement in the form of an Exchange of Letters concerning the provisional application
of  the  Protocol  defining,  for  the  period  1  January  2004  to  31  December  2008,  the  fishing
opportunities  and  the  financial  contribution  provided  for  by  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 Agreement in the form of an Exchange of Letters is attached to this Decision.

1. The fishing opportunities provided for in the Protocol for 2004 shall be allocated among the
Member States as follows:

Article 2

a)  fin-fish/cephalopods:

–  Spain

–  Italy

–  Greece

b)  shrimp fishing:

–  Spain

–  Portugal

–  Greece

c)  tuna seiners:

–  France

–  Spain

844 GRT

750 GRT

906 GRT

1 050 GRT

300 GRT

150 GRT

17 vessels

17 vessels

d)  pole-and-line tuna vessels:

–  France

–  Spain

7 vessels

7 vessels

e)  Surface longliners:

–  Spain

–  Portugal

8

1

5

 
2. 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

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

Done at Brussels,

For the Council
The President

6

 
AGREEMENT

in the form of an Exchange of Letters concerning the provisional application 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

A. Letter from the Government of the Republic of Guinea

Sir,

With  reference  to  the  Protocol  initialled  on  27  June  2003  in  Brussels  setting  out  fishing
opportunities  and  the  financial  contribution  for  the  period  1  January  2004  to  31  December
2008,  I  have  the  honour  to  inform  you  that  the  Government  of  the  Republic  of  Guinea  is
prepared  to  apply  this  Protocol  on  a  provisional  basis  with  effect  from  1  January  2004,
pending  its  entry  into  force  in  accordance  with  Article  9  of  the  said  Protocol,  provided  the
European Community is prepared to do likewise.

It  is  understood  that,  this  being  the  case,  the  first  instalment  of  the  financial  compensation
specified in Article 2 of the Protocol will be paid by 30 September 2004.

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

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

For the Government of the Republic of Guinea

7

 
B. Letter from the European Community

Sir,

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

"With  reference  to  the  Protocol  initialled  on  27  June  2003  in  Brussels  setting  out  fishing
opportunities  and  the  financial  contribution  for  the  period  1  January  2004  to  31  December
2008,  I  have  the  honour  to  inform  you  that  the  Government  of  the  Republic  of  Guinea  is
prepared  to  apply  this  Protocol  on  a  provisional  basis  with  effect  from  1  January  2004,
pending  its  entry  into  force  in  accordance  with  Article  9  of  the  said  Protocol,  provided  the
European Community is prepared to do likewise.

It  is  understood  that,  this  being  the  case,  the  first  instalment  of  the  financial  compensation
specified in Article 2 of the Protocol will be paid by 30 September 2004.

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

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

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

On behalf of the Council of the European Union

8

 
PROTOCOL

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

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.

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

9

 
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:

10

 
Improve  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 su rveillance 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.

11

 
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.

12

 
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.

13

 
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.

(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

14

 
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
pole-and-line tuna vessel and €1 000 per
advance of €2 500 per tuna seiner, €400 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.

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

15

 
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.

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.

16

 
4.

4.1

4.2

4.3

4.4

4.5

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.

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.

17

 
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;

6.2.

6.3.

6.4.

6.5.

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

four Guinean seamen on vessels of more than 350 GRT.

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 points 6.2,
6.3 and 6.4 above.

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

18

 
6.6

6.7

6.8

6.9

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.

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.

19

 
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.

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.

20

 
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.

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.

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.

21

 
12.3

12.4.

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).

22

 
Appendix 1

APPLICATION FORM
FOR A FISHING LICENCE

For official use only

Remarks

Nationality:……………………………………………

………………………………………………………

Licence No: ………………………………….

……………………………………………………….

Date of signing: …………………………………….

………………………………………………………..

Date of issue: …………………………………

………………………………………………………..

23

 
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: …………………………………………………………………………………………………..

24

 
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)

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.

25

 
Technical remarks

Authorisation of the Fisheries Ministry

26

 
Appendix 2

STATISTICS ON CATCHES AND EFFORT

FISHERIES MINISTRY
Name of vessel:
Nationality (flag):

Date

Fishing zone

Longitude

Latitude

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)

27

 
Appendix 3

ICCAT LOGBOOK FOR TUNA FISHERY

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

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

Month Day

Year

Port

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

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

Vessel DEPARTED:

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

Skipper: ………………………………………………………..

No of crew:….…………………………………………………

Vessel
RETURNED:

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

….…………………………………………………........................
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)

Date

Area

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)

Fishing 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 ffish)

No Wt.

No

kg

No

kg

No

kg

No

kg

No

kg

No

kg

No

kg

No

kg

No

kg

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

(Other)

Daily total

(weight in kg
only)

No

kg

QUANTITIES LANDED (IN KG)
Notes

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

28

 
 
 
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.

29