Proposal for a Council Decision on the signing on behalf of the European Community and provisional application of the Agreement in the form of an Exchange of Letters concerning the extension of the Protocol establishing 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 Bissau on fishing off the coast of Guinea Bissau for the period 16 June 2006 to 15 June 2007
Date: 2006-04-28
Institutions: European Commission
Subjects: European Community, Guinea-Bissau, catch quota, financial compensation of an agreement, fishing agreement, signature of an agreement

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 28.4.2006 
COM(2006) 183 final 

Proposal for a 

COUNCIL DECISION 

on the signing on behalf of the European Community and provisional application of the 
Agreement in the form of an Exchange of Letters concerning the extension of the 
Protocol establishing 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-Bissau on fishing off the coast of Guinea-Bissau for the period 
16 June 2006 to 15 June 2007 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

The Protocol to the Fisheries Agreement between the European Community and the Government 
of the Republic of Guinea-Bissau expired on 15 June 2006. This proposal for a Council Decision 
concerns  the  provisional  application  of  the  extension  of  the  Protocol  for  one  more  year,  until 
15 June 2007. 

The two parties agreed in December 2005 to extend this Agreement, mainly in order to give 
the Government of the Republic of Guinea-Bissau time to prepare itself as well as possible for 
negotiations  on  a  future  partnership  agreement,  taking  account  of  the  political  context 
(elections in June 2005 and change of Government in November 2005), and to implement the 
action  programme  to  support  the  control  and  inspection  required  for  the  sustainable 
development of the fisheries sector. This extension should thus enable the new Government to 
conduct  negotiations  under  reasonable  conditions  and  within  reasonable  deadlines,  without 
suspending  either  the  Agreement  or  the  annual  financial  compensation,  which  is  essential  for 
balancing the budget of the State of Guinea-Bissau. 

The two parties have agreed to extend the existing Protocol for one year, from 16 June 2006 to 
15 June 2007. This extension, in the form of an Exchange of Letters, was initialled by the two 
parties  on 17 January  2006,  and  sets  out  the  technical  and  financial  conditions  governing  the 
fishing activities of EC vessels in the waters of Guinea-Bissau for the period from 16 June 2006 
to 15 June 2007. 

The Commission proposes, on this basis, that the Council adopt by  decision the provisional 
application of the extension of the agreement, pending its definitive entry into force. 

A  proposal  for  a  Council  Regulation  on  the  conclusion  of  the  Agreement  in  the  form  of  an 
Exchange of Letters on the extension of the Protocol is the subject of a separate procedure. 

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Proposal for a 

COUNCIL DECISION 

on the signing on behalf of the European Community and provisional application of the 
Agreement in the form of an Exchange of Letters concerning the extension of the 
Protocol establishing 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-Bissau on fishing off the coast of Guinea-Bissau for the period 
16 June 2006 to 15 June 2007 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular 
Article 300(2) thereof, 

Having regard to the proposal from the Commission1, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

Under the terms of the Agreement between the European Economic Community and 
the  Government  of  the  Republic  of  Guinea-Bissau  on  fishing  off  the  coast  of 
Guinea-Bissau2, the contracting parties are to enter into negotiations, before the period 
of  validity  of  the  Protocol  to  the  Agreement  expires,  to  determine  by  mutual 
agreement the contents of the Protocol for the period that follows and any amendments 
or additions requiring to be made to the Annex. 

Pending  negotiations  on  changes  to  be  made  to  the  existing  Protocol  approved  by 
Council  Regulation  (EC)  No  249/20023,  as  amended  under  the  Agreement  approved 
by Council Regulation (EC) No 829/20044, the two parties have decided to extend its 
validity for one year by means of an Agreement in the form of an Exchange of Letters. 

Under this Exchange of Letters, Community fishermen enjoy fishing opportunities in 
the  waters  falling  within  the  sovereignty  or  jurisdiction  of  Guinea-Bissau  for  the 
period from 16 June 2006 to 15 June 2007. 

It  is  essential  that  the  extension  be  applied  as  soon  as  possible  in  order  to  avoid 
interrupting the fishing activities of Community vessels. The Agreement in the form of 
an Exchange of Letters should therefore be signed and applied on a provisional basis 
pending the completion of the procedures required to conclude it. 

(5) 

The  allocation  of  fishing  opportunities  among  the  Member  States  under  the  expired 
Protocol should be confirmed, 

1 
2 
3 
4 

OJ C […], […], p. […]. 
OJ L 226, 29.8.1980, p. 34. 
OJ L 47, 19.2.2002, p. 2. 
OJ L 127, 29.4.2004, p. 25. 

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HAS DECIDED AS FOLLOWS: 

Article 1 

The  signature  of  the  Agreement  in  the  form  of  an  Exchange  of  Letters  concerning  the 
extension of the Protocol establishing 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-Bissau on fishing off the coast of Guinea-Bissau for 
the  period  16  June  2006  to  15  June  2007  is  hereby  approved  on  behalf  of  the  Community, 
pending the Council decision on conclusion of the Agreement. 

The text of the Agreement is attached to this Decision. 

The Agreement shall apply provisionally from 16 June 2006. 

Article 2 

Article 3 

1. 

The  fishing  opportunities  set  out  in  the  Protocol  are  allocated  to  Member  States  as 
follows: 

(a) shrimps: 

Italy 

Spain 

Portugal 

Greece 

(b) fin-fish/cephalopods: 

Spain 

Italy 

Greece 

(c) tuna seiners: 

Spain 

France 

Italy 

1776  GRT 

1421  GRT 

1066  GRT 

137  GRT 

3143  GRT 

786  GRT 

471  GRT 

20  vessels 

19  vessels 

1  vessel 

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

Spain 

France 

Portugal 

21  vessels 

5  vessels 

4  vessels 

2. 

If  licence  applications  from  the  Member  States  referred  to  in  paragraph 1  do  not 
cover  all  the  fishing  opportunities  fixed  by  the  Protocol,  the  Commission  may 
consider licence applications from any other Member State. 

Article 4 

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

Article 5 

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 on behalf of the Community subject to 
its conclusion. 

Done at Brussels, 

For the Council 
The President 

5 

OJ L 73, 15.3.2001, p. 8. 

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AGREEMENT 

in the form of an Exchange of Letters concerning the extension of the Protocol 
establishing 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-Bissau on fishing off the coast of Guinea-Bissau for the period 
16 June 2006 to 15 June 2007 

A. 

Letter from the Community 

Sir, 

I  have  the  honour  to  confirm  that  pending  negotiations  on  amendments  to  be  made  to  the 
Protocol  currently  in  force  (16 June 2001  to  15 June 2006)  setting  out  the  fishing 
opportunities and financial contribution provided for in the Fisheries Agreement between the 
European  Economic  Community  and  the  Government  of  the  Republic  of  Guinea-Bissau,  as 
revised from 16 June 2004, we agree to the following interim arrangements: 

1. 

From 16 June 2006 to 15 June 2007 the arrangements applicable since 16 June 2004 
will continue in operation. 

The  Community's  financial  contribution  under  the  interim  arrangements  will 
correspond to the amount provided for in Article 3 of the revised Protocol currently 
in  force  (EUR  7 260 000).  That  amount  is  to  be  treated  entirely  as  financial 
compensation and will be paid no later than 31 December 2006. 

2. 

During this period, fishing licences will be granted within the limits set in Article 1 
of  the  revised  Protocol  currently  in  force,  by  means  of  fees  or  advances 
corresponding to those fixed in point 1 of the Annex to the Protocol. 

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

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

On behalf of the Council of the European Union. 

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B. 

Letter from the Government of the Republic of Guinea-Bissau 

Sir, 

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

"I  have  the  honour  to  confirm  that  pending  negotiations  on  amendments  to  be  made  to  the 
Protocol  currently  in  force  (16 June 2001  to  15 June 2006)  setting  out  the  fishing 
opportunities and financial contribution provided for in the Fisheries Agreement between the 
European  Economic  Community  and  the  Government  of  the  Republic  of  Guinea-Bissau,  as 
revised from 16 June 2004, we agree to the following interim arrangements: 

1. 

From 16 June 2006 to 15 June 2007 the arrangements applicable since 16 June 2004 
will continue in operation. 

The  Community's  financial  contribution  under  the  interim  arrangements  will 
correspond to the amount provided for in Article 3 of the revised Protocol currently 
in  force  (EUR  7 260 000).  That  amount  is  to  be  treated  entirely  as  financial 
compensation and will be paid no later than 31 December 2006. 

2. 

During this period, fishing licences will be granted within the limits set in Article 1 
of  the  revised  Protocol  currently  in  force,  by  means  of  fees  or  advances 
corresponding to those fixed in point 1 of the Annex to the Protocol." 

I have the honour to confirm that the contents of your letter are acceptable to the Government 
of the Republic of Guinea-Bissau and that your letter and this one constitute an agreement in 
accordance with your proposal. 

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

For the Government of the Republic of Guinea-Bissau. 

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