Proposal for a Council Decision concerning the conclusion of the Agreement in the form of an Exchange of Letters on the provisional application of the Protocol setting out the fishing opportunities and financial contribution provided for in the Fisheries Partnership Agreement between the European Community and the Republic of Guinea-Bissau for the period 16 June 2007 to 15 June 2011
Date: 2007-10-09
Institutions: European Commission
Subjects: Guinea-Bissau, financial compensation of an agreement, fishing agreement, fishing regulations, ratification of an agreement

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 9.10.2007 
COM(2007) 579 final 

Proposal for a 

COUNCIL DECISION 

concerning the conclusion of the Agreement in the form of an Exchange of Letters on 
the provisional application of the Protocol setting out the fishing opportunities and 
financial contribution provided for in the Fisheries Partnership Agreement between the 
European Community and the Republic of Guinea-Bissau for the period 16 June 2007 to 
15 June 2011 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

The  European  Community  and  the  Republic  of  Guinea-Bissau  negotiated  and  initialled,  on 
23 May 2007, a Fisheries Partnership Agreement which provides Community fishermen with 
fishing  opportunities  in  the  Guinea-Bissau  fishing  zone.  This  Partnership  Agreement, 
accompanied by a Protocol and the Annexes thereto, was signed for a period of four years and 
is  renewable.  On  the  date  of  its  entry  into  force,  this  Agreement  repeals  and  replaces  the 
Agreement  between  the  Government  of  the  Republic  of  Guinea-Bissau  and  the  European 
Community on fishing off the coast of Guinea-Bissau which entered into force on 29 August 
1980. 

The  Commission’s  negotiating  position  was  based  in  part  on  the  results  of  an  ex-post 
evaluation carried out by external experts. 

The main objective of the new Partnership Agreement is to  strengthen cooperation between 
the European Community and the Republic of Guinea-Bissau, thereby creating a partnership 
framework  within  which  to  develop  a  sustainable  fisheries  policy  and  sound  exploitation  of 
fisheries resources in the Guinea-Bissau fishing zone, in the interests of both Parties.  

The two Parties have agreed to take part in a political dialogue on topics of mutual interest in 
the  fisheries  sector.  They  also  undertake  to  ensure  the  sustainable  exploitation  of  resources 
and  the  control  and  surveillance  of  Guinea-Bissau  fishing  zones,  and  to  work  towards 
building  up  institutional  capacities  in  the  Republic  of  Guinea-Bissau  in  order  to  carry  out  a 
genuine sectoral fisheries policy. To this end, a Multiannual Sectoral Programme adopted by 
the Government, which aims to promote responsible sustainable fishing, will be presented at a 
National Conference before the end of 2007 at which the Community will be represented.  

In this context, the two Parties will agree on the priorities to be decided upon for such support 
and will identify the objectives, the annual and multiannual programming and the criteria to 
assess  the  results  to  be  obtained,  with  a  view  to  ensuring  a  sustainable  and  responsible 
management of the sector. For shrimp fishing, a limitation of fishing effort was the subject of 
a specific undertaking by Guinea-Bissau to respect the conditions laid down by the fisheries 
management plan annexed to the Protocol. 

The  financial  contribution  is  fixed  at  EUR  7  million  per  year.  35%  of  this  financial 
contribution  (EUR  2.450  million)  will  be  allocated  each  year  to  the  support  and 
implementation of initiatives taken in the context of the sectoral fisheries policy drawn up by 
the  Government  of  Guinea-Bissau.  An  additional  specific  contribution  of  EUR 500 000  per 
year will also be targeted at improving the health and hygiene conditions of fishery products. 
However, this contribution could also be used to support control and surveillance measures. 
The  Protocol  will  also  contain  a  financial  mechanism,  with  a  maximum  allocation  of 
EUR 1 million  per  year,  aiming  to  improve  the  use  of  fishing  opportunities  by  shipowners, 
and support for setting up joint ventures.  

In terms of fishing opportunities, 19 seiners, 14 pole-and-line vessels and 4 surface longliners 
will  be  authorised  to  fish,  as  will  shrimp  trawlers  and  fin-fish/cephalopod  trawlers  (total  of 
4 400  gross  registered  tonnes  (GRT)  for  each  category).  However,  at  the  request  of  the 
Community,  exploratory  fishing  trips  may  be  carried  out  under  the  Agreement.  If  they  are 
conclusive, the Parties may decide to award new fishing opportunities to Community vessels.  

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The Partnership Agreement also provides for encouraging economic, scientific and technical 
cooperation in the fisheries and related sectors. 

The Commission proposes on this basis that the Council adopt by Decision the Agreement in 
the form of an Exchange of Letters on the provisional application of the Protocol setting out 
the fishing opportunities and financial contribution provided for in the Fisheries Partnership 
Agreement  between  the  European  Community  and  the  Republic  of  Guinea-Bissau  for  the 
period 16 June 2007 to 15 June 2011. 

A proposal for a Council Regulation concerning the conclusion of this new Fisheries Partnership 
Agreement is subject to a separate procedure.  

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Proposal for a 

COUNCIL DECISION 

concerning the conclusion of the Agreement in the form of an Exchange of Letters on 
the provisional application of the Protocol setting out the fishing opportunities and 
financial contribution provided for in the Fisheries Partnership Agreement between the 
European Community and the Republic of Guinea-Bissau for the period 16 June 2007 to 
15 June 2011 

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) 

(5) 

(6) 

The  Community  has  negotiated  with  the  Republic  of  Guinea-Bissau  a  Fisheries 
Partnership Agreement providing Community vessels with fishing opportunities in the 
waters  over  which  Guinea-Bissau  has  sovereignty  or  jurisdiction  in  respect  of 
fisheries. 

As a result of those negotiations, a new Fisheries Partnership Agreement was initialled 
on 23 May 2007. 

The  Fisheries  Agreement  between  the  European  Community  and  the  Government  of 
the  Republic  of  Guinea-Bissau  is  repealed  by  the  new  Fisheries  Partnership 
Agreement. 

In order to guarantee the continuation of fishing activities by Community vessels, it is 
essential that the new Fisheries Partnership Agreement should be applied as quickly as 
possible.  Both  parties  have  therefore  initialled  an  Agreement  in  the  form  of  an 
exchange of letters providing for the provisional application of the initialled Protocol 
attached to the new Fisheries Partnership Agreement from 16 June 2007.  

It is in the Community’s interest to approve the Agreement in the form of an exchange 
of letters. 

The method for allocating the fishing opportunities among the Member States should 
be defined, 

1 

OJ C […], […], p. […]. 

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HAS DECIDED AS FOLLOWS: 

Article 1 

The  Agreement  in  the  form  of  an  Exchange  of  Letters  on  the  provisional  application  of  the 
Protocol  setting  out  the  fishing  opportunities  and  financial  contribution  provided  for  in  the 
Fisheries  Partnership  Agreement  between  the  European  Community  and  the  Republic  of 
Guinea-Bissau for the period 16 June 2007 to 15 June 2011 is hereby approved on behalf of 
the Community, subject to the Council Decision on the conclusion of the Agreement. 

The text of the Agreement is attached to this Decision. 

1. 

The  fishing  opportunities  set  out  in  the  Protocol  to  the  Agreement  shall  be  allocated 
among the Member States as follows: 

Article 2 

(a) shrimp fishing: 

Spain 

Italy 

Greece 

Portugal 

(b) fin-fish/cephalopods: 

Spain 

Italy 

Greece 

1 421  GRT 

1 776  GRT 

137  GRT 

1 066  GRT 

3 143  GRT 

786  GRT 

471  GRT 

(c) tuna seiners and surface longliners: 

Spain 

France 

Portugal 

(d) pole-and-line vessels: 

Spain 

France 

10  vessels 

9  vessels 

4  vessels 

10  vessels 

4  vessels.

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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  take 
into consideration licence applications from any other Member State. 

Article 3 

The  Member  States  whose  vessels  fish  under  the  Agreement  referred  to  in  Article  1  shall 
notify the Commission of the quantities of each stock caught within the Guinea-Bissau fishing 
zone in accordance with Commission Regulation (EC) No 500/2001 of 14 March 2001 laying 
down  detailed  rules  for  the  application  of  Council  Regulation  (EEC)  No  2847/93  on  the 
monitoring of catches taken by Community fishing vessels in third country waters and on the 
high seas2. 

Article 4 

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

Done at Brussels,  

For the Council 
The President 

2 

OJ L 73, 15.3.2001, p. 8. 

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Agreement in the form of an Exchange of Letters 
on the provisional application of the Fisheries Partnership Agreement between the 
European Community and the Republic of Guinea-Bissau 
for the period 16 June 2007 to 15 June 2011 

A. Letter from the Government of the Republic of Guinea-Bissau: 

Sir, 

I am delighted that the Republic of Guinea-Bissau and European Community negotiators have 
been able to reach a consensus on a Fisheries Partnership Agreement between the Republic of 
Guinea-Bissau  and  the  European  Community,  and  on  a  Protocol  setting  out  the  fishing 
opportunities and financial contribution and the Annex thereto. 

The  result  of  these  negotiations  improves  on  the  earlier  Agreement  and  will  strengthen  our 
fisheries  relations  and  establish  a  true  framework  of  partnership  in  which  to  develop  a 
sustainable  fisheries  policy  and  responsible  exploitation  of  fisheries  resources  in  Guinea-
Bissau waters. To this end, I would propose launching in parallel the procedures for approval 
and ratification of the texts of the Agreement, the Protocol and its Annex and Appendices in 
accordance with the procedures in force in the Republic of Guinea-Bissau and the European 
Community and necessary to their entry into force. 

In  order  to  avoid  interrupting  fishing  activities  by  Community  vessels  in  Guinea-Bissau 
waters, and referring to the Agreement and the Protocol initialled on 23 May 2007 and setting 
out the fishing opportunities and financial contribution from 16 June 2007 to 15 June 2011, I 
have  the  honour  to  inform  you  that  the  Government  of  the  Republic  of  Guinea-Bissau  is 
willing to apply this Agreement and this Protocol provisionally from 16 June 2007 pending its 
entry into force in accordance with Article 19 of the Agreement, provided that the European 
Community is prepared to do likewise. 

This is on the understanding that the first instalment of the financial contribution, laid down 
by Article 2 of the Protocol, must be paid before 30 April 2008. 

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-Bissau 

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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: 

“Sir, 

I am delighted that the Republic of Guinea-Bissau and European Community negotiators have 
been able to reach a consensus on a Fisheries Partnership Agreement between the Republic of 
Guinea-Bissau  and  the  European  Community,  and  on  a  Protocol  setting  out  the  fishing 
opportunities and financial contribution and the Annex thereto. 

The  result  of  these  negotiations  improves  on  the  earlier  Agreement  and  will  strengthen  our 
fisheries  relations  and  establish  a  true  framework  of  partnership  in  which  to  develop  a 
sustainable  fisheries  policy  and  responsible  exploitation  of  fisheries  resources  in  Guinea-
Bissau waters. To this end, I would propose launching in parallel the procedures for approval 
and ratification of the texts of the Agreement, the Protocol and its Annex and Appendices in 
accordance with the procedures in force in the Republic of Guinea-Bissau and the European 
Community and necessary to their entry into force. 

In  order  to  avoid  interrupting  fishing  activities  by  Community  vessels  in  Guinea-Bissau 
waters, and referring to the Agreement and the Protocol initialled on 23 May 2007 and setting 
out the fishing opportunities and financial contribution from 16 June 2007 to 15 June 2011, I 
have  the  honour  to  inform  you  that  the  Government  of  the  Republic  of  Guinea-Bissau  is 
willing to apply this Agreement and this Protocol provisionally from 16 June 2007 pending its 
entry into force in accordance with Article 19 of the Agreement, provided that the European 
Community is prepared to do likewise. 

This is on the understanding that the first instalment of the financial contribution, laid down 
by Article 2 of the Protocol, must be paid before 30 April 2008. 

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-Bissau”. 

I  am  pleased  to  confirm  the  agreement  of  the  European  Community  to  a  provisional 
application. 

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

For the Council of the European Union 

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FISHERIES PARTNERSHIP AGREEMENT 
between the European Community and the Republic of Guinea-Bissau for the period 
16 June 2007 to 15 June 2011 

THE EUROPEAN COMMUNITY, hereinafter referred to as “the Community”, and 

THE REPUBLIC OF GUINEA-BISSAU, hereinafter referred to as “Guinea-Bissau”, 

hereinafter referred to as “the Parties”, 

CONSIDERING the close working relationship between the Community and Guinea-Bissau, 
particularly  in  the  context  of  the  Cotonou  Agreement  establishing  a  relationship  of  close 
cooperation  between  the  European  Community  and  its  Member  States,  of  the  one  part,  and 
Guinea-Bissau, of the other part, and their mutual desire to intensify that relationship, 

RECALLING  that  the  Community  and  Guinea-Bissau  are  signatories  to  the  United  Nations 
Convention on the Law of Sea and that, in accordance with that Convention, Guinea-Bissau 
has  established  an  exclusive  economic  zone  extending  200  nautical  miles  from  its  shores 
within  which  it  exercises  its  sovereign  rights  for  the  purpose  of  exploring,  conserving  and 
managing that zone, 

DETERMINED to apply the decisions and recommendations of the International Commission 
for  the  Conservation  of  Atlantic  Tunas,  hereinafter  referred  to  as  “ICCAT”,  the  CECAF  or 
any  other  regional  or  international  organisation  in  this  area  of  which  the  two  Parties  are 
members or in which they are represented, 

DETERMINED  to  cooperate,  in  their  mutual  interest,  in  particular  on  the  basis  of  the 
principles  established  by  the  Code  of  conduct  for  responsible  fisheries  adopted  at  the  FAO 
Conference in 1995, in promoting the introduction of responsible fisheries to ensure the long-
term  conservation  and  sustainable  exploitation  of  marine  living  resources,  in  particular  by 
reinforcing  the  control  system  covering  fishing  activities  as  a  whole,  in  order  to  ensure  the 
effectiveness  of  the  measures  for  the  development  and  conservation  of  these  resources,  and 
the protection of the marine environment, 

AFFIRMING that the exercise by coastal States of their sovereign rights in the waters within 
their  jurisdiction  over  the  living  resources  thereof  for  the  purposes  of  exploring,  exploiting, 
conserving  and  managing  those  resources  must  be  in  accordance  with  the  principles  of 
international law, 

CONVINCED that the achievement of their respective economic and social objectives in the 
fisheries sector will be furthered by close cooperation in scientific and technical research in 
that sector on terms ensuring the conservation and rational exploitation of fish stocks, 

CONVINCED  that  such  cooperation  must  take  the  form  of  initiatives  and  measures  which, 
whether  taken  jointly  or  separately,  are  complementary  and  ensure  consistent  policies  and 
synergy of effort, 

FIRMLY COMMITTED to responsible and sustainable fishing, 

DECIDED,  to  these  ends,  to  contribute,  within  the  framework  of  Guinea-Bissau’s  sectoral 
fisheries  policy,  to  promoting  the  development  of  a  partnership  with  a  view  in  particular  to 

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identifying the most appropriate means of ensuring that this policy is effectively implemented 
and that economic operators and civil society are involved in the process, 

DESIROUS  of  establishing  terms  and  conditions  governing  the  fishing  activities  of 
Community  vessels  in  Guinea-Bissau  fishing  zones  and  Community  support  for  the 
introduction of responsible fishing in those fishing zones,  

RESOLVED  to  pursue  closer  economic  cooperation  in  the  fishing  industry  and  related 
activities through the setting up and development of investments in Guinea-Bissau involving 
companies from both Parties, 

HEREBY AGREE AS FOLLOWS: 

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This Agreement establishes the principles, rules and procedures governing: 

Article 1 – Scope 

– 

– 

– 

– 

economic, financial, technical and scientific cooperation in the fisheries sector with a 
view to establishing responsible fishing in Guinea-Bissau fishing zones to guarantee 
the conservation and sustainable exploitation of fisheries resources and develop the 
Guinea-Bissau fisheries sector; 

the  conditions  governing  access  by  Community  fishing  vessels  to  Guinea-Bissau 
fishing zones; 

the arrangements for policing fisheries in Guinea-Bissau fishing zones with a view to 
ensuring that the above rules and conditions are complied with, that the measures for 
the  conservation  and  management  of  fish  stocks  are  effective  and  that  illegal, 
undeclared and unregulated fishing is prevented; 

partnerships  between  companies  aimed  at  developing  economic  activities  in  the 
fisheries sector and related activities, in the common interest. 

For the purposes of this Agreement, including the Protocol and the Annexes thereto:  

Article 2 – Definitions 

(a) 

“Guinea-Bissau  fishing  zones”  means  the  waters  over  which  Guinea-Bissau  has 
sovereignty or jurisdiction. The fishing activities by Community vessels provided for 
in this Agreement shall be carried out only in the zones in which fishing is authorised 
under Guinea-Bissau law; 

(b) 

“The  Ministry”  means  the  Government  department  responsible  for  the  fisheries 
sector;  

(c) 

“Community authorities” means the European Commission;  

(d) 

(e) 

“Community vessel” means a fishing vessel flying the flag of a Member State of the 
Community and registered in the Community; 

“Joint Committee” means a committee made up of representatives of the Community 
and Guinea-Bissau whose functions are described in Article 10 of this Agreement;  

(f) 

“Surveillance authority” means the fisheries surveillance directorate; 

(g) 

“The  Delegation”  means  the  Delegation  of  the  European  Commission  to  Guinea-
Bissau; 

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(h) 

“ACP seamen” means any seamen who are nationals of a non-European signatory to 
the Cotonou Agreement. To this end, a Guinea-Bissau seaman is an ACP seaman; 

(i) 

“Shipowner” means any person legally responsible for a fishing vessel. 

1. 

2. 

3. 

4. 

5. 

1. 

2. 

Article 3 – Principles and objectives underlying 
this Agreement 

The  Parties  hereby  undertake  to  promote  responsible  fishing  and  sustainable 
exploitation  of  fisheries  resources  in  Guinea-Bissau  fishing  zones  based  on  the 
principle of non-discrimination between the different fleets fishing in those waters. 

The  Parties  undertake  to  establish  the  principles  of  dialogue  and  of  prior 
consultations,  in  particular  as  regards  implementation  of  Guinea-Bissau’s  sectoral 
fisheries  policy  on  the  one  hand  and  of  Community  policies  and  measures  which 
could have an impact on the Guinea-Bissau fishing industry on the other. 

The  Parties  hereby  undertake  to  ensure  that  this  Agreement  is  implemented  in 
accordance with the principles of good economic and social governance. 

The  Parties  shall  also  cooperate  in  carrying  out  ex-ante,  ongoing  and  ex-post 
evaluations  of  measures,  programmes  and  actions  for  the  implementation  of  this 
Agreement. 

In  particular,  the  employment  of  Guinea-Bissau  and/or  ACP  seamen  on  board 
Community  vessels  shall  be  governed  by  the  International  Labour  Organisation 
(ILO) Declaration on Fundamental Principles and Rights at Work, which shall apply 
as  of  right  to  the  corresponding  contracts  and  general  terms  of  employment.  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. 

Article 4 – Scientific cooperation 

During  the  period  covered  by  this  Agreement,  the  Community  and  Guinea-Bissau 
shall  endeavour  to  monitor  the  evolution  of  resources  in  the  Guinea-Bissau  fishing 
zone. A joint scientific meeting shall be held annually to that end, alternately in the 
Community and in Guinea-Bissau.  

The two Parties, on the basis of the conclusions of the annual scientific meeting and 
in  the  light  of  the  best  available  scientific  advice  and  the  recommendations  and 
resolutions  adopted  in  particular  within  the  International  Commission  for  the 
Conservation  of  Atlantic  Tunas  (ICCAT),  the  Fishery  Committee  for  the  Eastern 
Central Atlantic (CECAF) or any other regional or international organisation in this 
area  of  which  the  two  Parties  are  members  or  in  which  they  are  represented,  shall 
consult  each  other  within  the  Joint  Committee  provided  for  in  Article  10  of  the 

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3. 

1. 

2. 

3. 

4. 

1. 

2. 

Agreement  and  adopt,  where  appropriate  and  by  mutual  agreement,  measures  to 
ensure the sustainable management of fisheries resources. 

The  Parties  undertake  to  consult  one  other,  either  directly  or  within  the  competent 
international  or  regional  organisations,  to  ensure  the  management  and  conservation 
of  fisheries  resources,  and  to  cooperate  in  implementing  the  relevant  scientific 
research. 

Article 5 – Access by Community vessels 
to fisheries in Guinea-Bissau fishing zones 

The  fishing  activities  governed  by  this  Agreement  shall  be  subject  to  the  laws  and 
regulations in force in Guinea-Bissau. The competent Guinea-Bissau authorities shall 
notify the Commission of any amendments to that legislation. Without prejudice to 
any provisions which might be agreed between the Parties, Community vessels shall 
comply with such amendments within one month of their notification. 

Guinea-Bissau  undertakes  to  authorise  Community  vessels  to  engage  in  fishing 
activities  in  its  fishing  zones  in  accordance  with  this  Agreement,  including  the 
Protocol and Annexes thereto. 

Guinea-Bissau  shall  ensure  the  effective  implementation  of  the  fisheries  control 
provisions  in  the  Protocol.  Community  vessels  shall  cooperate  with  the  Guinea-
Bissau authorities responsible for carrying out such control. 

The Community undertakes to take all the appropriate steps required to ensure that 
its vessels comply with this Agreement and the legislation governing fisheries in the 
waters  over  which  Guinea-Bissau  has  jurisdiction,  in  accordance  with  the  United 
Nations Convention on the Law of the Sea. 

Article 6 – Conditions governing fishing activities 

Community  vessels  may  fish  in  Guinea-Bissau  fishing  zones  only  if  they  are  in 
possession of a fishing licence issued under this Agreement. The exercise of fishing 
activities by Community vessels shall be subject to the holding of a licence issued by 
the competent Guinea-Bissau authorities at the request of the competent Community 
authorities. The procedures for the issue of licences and for the payment of fees and 
contributions to scientific observers’ expenses, and other conditions to which fishing 
activities by Community vessels in Guinea-Bissau fishing zones are subject, are set 
out in the Annexes hereto. 

For  fishing  categories  not  covered  by  the  Protocol  in  force,  and  for  exploratory 
fishing,  the  Ministry  may  grant  fishing  authorisations  to  Community  vessels. 
However, the granting of these licences remains dependent on a favourable opinion 
from the two Parties. 

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3. 

4. 

1. 

2. 

3. 

The Protocol to this Agreement sets out the fishing opportunities granted by Guinea-
Bissau  to  Community  vessels  in  Guinea-Bissau  fishing  zones  and  the  financial 
contribution referred to in Article 7 of this Agreement. 

The  Parties  shall  ensure  the  proper  implementation  of  these  procedures  and 
conditions  by  appropriate  administrative  cooperation  between  their  competent 
authorities. 

Article 7 – Financial contribution 

The  Community  shall  grant  Guinea-Bissau  a  financial  contribution  in  accordance 
with  the  terms  and  conditions  laid  down  in  the  Protocol  and  Annexes.  This  single 
contribution shall be based on two elements, namely:  

(a) 

a financial contribution due for access by Community vessels to Guinea-Bissau 
fishing  zones,  without  prejudice  to  the  fees  due  by  Community  vessels  to 
obtain licences; 

(b)  Community  financial  support  for  implementing  a  national  fisheries  policy 
based  on  responsible  fishing  and  on  the  sustainable  exploitation  of  fisheries 
resources in Guinea-Bissau waters. 

The  financial  support  referred  to  in  paragraph  1(b)  shall  be  determined  by  mutual 
agreement in accordance with the Protocol in the light of objectives identified by the 
two Parties to be achieved in the context of the sectoral fisheries policy in Guinea-
Bissau. 

The  financial  contribution  granted  by  the  Community  shall  be  paid  each  year  in 
accordance with the Protocol and subject to this Agreement and the Protocol in the 
event of any change to the amount of the contribution as a result of: 

(a) 

(b) 

(c) 

(d) 

serious  circumstances,  other  than  natural  phenomena,  preventing  fishing 
activities in Guinea-Bissau waters; 

a reduction in the fishing opportunities granted to Community vessels, made by 
mutual  agreement  for  the  purposes  of  managing  the  stocks  concerned,  where 
this is considered necessary for the conservation and sustainable exploitation of 
resources on the basis of the best available scientific advice; 

an increase in the fishing opportunities granted to Community vessels, made by 
mutual agreement between the Parties where the best available scientific advice 
concurs that the state of resources so permits; 

a reassessment of the terms of Community financial support for implementing 
a  sectoral  fisheries  policy  in  Guinea-Bissau,  where  this  is  warranted  by  the 
results of the annual and multiannual programming observed by both Parties;  

(e) 

termination of this Agreement under Article 14; 

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(f) 

suspension  of  the  application  of  this  Agreement  under  Article  15  or  the 
Protocol. 

Article 8 – Promoting cooperation among 
economic operators 

1. 

2. 

3. 

4. 

The  Parties  shall  encourage  economic,  scientific  and  technical  cooperation  in  the 
fisheries  sector  and  related  sectors.  They  shall  consult  one  another  with  a  view  to 
coordinating the different measures that might be taken to this end. 

The Parties shall encourage exchanges of information on fishing techniques and gear, 
preservation methods and the industrial processing of fishery products. 

The  Parties  shall  endeavour  to  create  conditions  favourable  to  the  promotion  of 
relations  between  their  enterprises  in  the  technical,  economic  and  commercial 
spheres,  by  encouraging  the  establishment  of  an  environment  favourable  to  the 
development of business and investment.  

The  Parties  shall  encourage,  in  particular,  the  promotion  of  investments  in  their 
mutual interest, in compliance with Guinea-Bissau and Community law. 

Article 9 – Administrative cooperation 

The Parties, desirous of ensuring the effectiveness of the measures for the development and 
conservation of fishery resources, shall: 

– 

– 

develop administrative cooperation with a view to ensuring that their vessels comply 
with the provisions of this Agreement and with Guinea-Bissau’s sea fisheries rules, 
each on its own behalf; 

cooperate  to  prevent  and  combat  illegal,  undeclared  and  unregulated  fishing,  in 
particular through the exchange of information and close administrative cooperation.  

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Article 10 – Joint Committee 

1. 

A Joint Committee set up between the two Parties shall be responsible for monitoring 
the application of this Agreement. The Joint Committee shall perform the following 
functions: 

(a)  monitoring  the  performance,  interpretation  and  smooth  operation  of  the 

application of the Agreement, and the settlement of disputes; 

(b)  monitoring  and  evaluating  the  implementation  of  the  contribution  of  the 
Fisheries  Partnership  Agreement  to  the  implementation  of  Guinea-Bissau’s 
sectoral fisheries policy;  

(c) 

providing  the  necessary  liaison  for  matters  of  mutual  interest  relating  to 
fisheries;  

(d) 

acting  as  a  forum  for  the  amicable  settlement  of  any  disputes  regarding  the 
interpretation or application of the Agreement;  

(e) 

reassessing,  where  necessary, 
consequently, of the financial contribution; 

the 

level  of  fishing  opportunities  and, 

(f) 

fixing  the  practical  arrangements  for  the  administrative  cooperation  provided 
for in Article 9 of this Agreement; 

(g)  monitoring  and  evaluating  the  cooperation  between  economic  operators  as 
referred  to  in  Article  8  of  this  Agreement  and  proposing,  where  necessary, 
ways of promoting it; 

(h) 

any other function that the Parties decide by mutual agreement to confer on it, 
including  with  regard  to  combating  illegal  fishing  and  administrative 
cooperation. 

2. 

The Joint Committee shall meet at least once a year, alternately in Guinea-Bissau and 
in the Community, and shall be chaired by the Party hosting the meeting. It shall hold 
a special meeting at the request of either of the Parties. 

Article 11 – Area of application 

This  Agreement  shall  apply,  on  the  one  hand,  to  the  territories  in  which  the  Treaty 
establishing the European Community applies, under the conditions laid down in that Treaty, 
and,  on  the  other,  to  the  territory  of  Guinea-Bissau  and  the  waters  under  Guinea-Bissau 
jurisdiction. 

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Article 12 – Duration 

This  Agreement  shall  apply  for  four  years  from  the  date  of  its  entry  into  force.  It  shall  be 
renewable  for  four-year  periods  unless  notice  of  termination  is  given  in  accordance  with 
Article 14. 

Article 13 – Settlement of disputes 

The Parties shall consult each other within the Joint Committee on any dispute concerning the 
application of this Agreement. 

1. 

2. 

3. 

4. 

1. 

2. 

Article 14 – Termination 

This  Agreement  may  be  terminated  by  either  Party  in  the  event  of  unusual 
circumstances  such  as  the  degradation  of  the  stocks  concerned,  the  discovery  of  a 
reduced  level  of  exploitation  of  the  fishing  opportunities  granted  to  Community 
vessels,  or  failure  to  comply  with  undertakings  made  by  the  Parties  with  regard  to 
combating illegal, unreported and unregulated fishing. 

The  Party  concerned  shall  notify  the  other  Party  in  writing  of  its  intention  to 
terminate  the  Agreement  at  least  six  months  before  the  date  of  expiry  of  the  initial 
period or each additional period.  

Dispatch of the notification referred to in paragraph 2 shall open consultations by the 
Parties. 

Payment of the financial contribution referred to in Article 7 for the year in which the 
termination takes effect shall be reduced proportionately and pro rata temporis. 

Article 15 – Suspension 

Application  of  this  Agreement  may  be  suspended  at  the  initiative  of  one  of  the 
Parties in the event of a serious disagreement as to the application of provisions laid 
down in the Agreement. Suspension of application of the Agreement shall require the 
interested Party to notify its intention in writing at least three months before the date 
on which suspension is due to take effect. On receipt of this notification, the Parties 
shall enter into consultations with a view to resolving their differences amicably. 

Payment  of  the  financial  contribution  referred  to  in  Article  7  shall  be  reduced 
proportionately  and pro rata  temporis,  according to the duration of the suspension, 
without prejudice to Article 9(4) of the Protocol. 

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Article 16 – Protocol and Annexes 

The  Protocol,  the  Annexes  and  the  appendices  thereto  shall  form  an  integral  part  of  this 
Agreement. 

Article 17 
National law 

The activities of Community vessels operating in Guinea-Bissau waters shall be governed by 
the  applicable  law  in  Guinea-Bissau,  unless  otherwise  provided  in  the  Agreement,  this 
Protocol and the Annex and Appendices thereto. 

Article 18 – Repeal 

On  the  date  of  its  entry  into  force,  this  Agreement  shall  repeal  and  replaces  the  Agreement 
between  the  Government  of  the  Republic  of  Guinea-Bissau  and  the  European  Economic 
Community on fishing off the coast of Guinea-Bissau which entered into force on 29 August 
1980. 

However,  the  Protocol  setting  out  for  the  period  from  16  June  2007  to  15  June  2011  the 
fishing opportunities and financial contribution provided for in the Agreement shall remain in 
force during the period referred to in Article 1(1) thereof and shall become an integral part of 
this Agreement. 

Article 19 – Entry into force 

This  Agreement,  drawn  up  in  duplicate  in  the  Bulgarian,  Spanish,  Czech,  Danish,  German, 
Estonian,  Greek,  English,  French,  Italian,  Latvian,  Lithuanian,  Hungarian,  Maltese,  Dutch, 
Polish,  Portuguese,  Romanian,  Slovak,  Slovenian,  Finnish  and  Swedish  languages,  each  of 
these  texts  being  equally  authentic,  shall  enter  into  force  on  the  date  on  which  the  Parties 
notify each other that they have completed the necessary procedures to that end.  

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PROTOCOL 
setting out the fishing opportunities and financial contribution provided for in the 
Fisheries Partnership Agreement between the European Community and the Republic 
of Guinea-Bissau for the period 16 June 2007 to 15 June 2011 

Article 1 
Period of application and fishing opportunities 

1. 

For  a  period  of  four  years  from  16  June  2007,  the  fishing  opportunities  granted 
pursuant to Articles 5 and 6 of the Agreement shall be as follows: 

– 

crustaceans and demersal species: 

(a) 

freezer shrimp trawlers: 4 400 GRT per year; 

(b) 

freezer, fin-fish and cephalopod trawlers: 4 400 GRT per year; 

– 

highly migratory species (species listed in Annex 1 to the 1982 United Nations 
Convention): 

(c) 

freezer tuna seiners and longliners: 23 vessels, 

(d)  pole-and-line tuna vessels: 14 vessels, 

Paragraph 1 shall apply subject to Articles 5 and 6 of this Protocol.  

Under Article 6 of the Agreement, vessels flying the flag of a Member State of the 
European  Community  may  fish  in  Guinea-Bissau  fishing  zones  only  if  they  are  in 
possession  of  a  fishing  licence  issued  under  this  Protocol  in  accordance  with  the 
Annexes hereto. 

Article 2 
Financial contribution and specific contribution – Methods of payment 

The financial contribution referred to in Article 7 of the Agreement shall be fixed, for 
the period referred to in Article 1 of this Protocol, at EUR 7 million per year.  

However, if  the use  of  the  fishing opportunities provided for in Article 1(1)(a) and 
(b) of this Protocol by Community vessels improves, the Community shall grant an 
additional  amount  to  Guinea-Bissau  proportionate  to  the  increase  in  the  use  of  the 
fishing  opportunities,  within  the  limits  of  the  fishing  opportunities  set  by  this 
Protocol and up to a maximum EUR 1 million per year. The two Parties shall agree, 
within the Joint Committee, and no later than three months after the entry into force 
of  this  Protocol,  to  determine  the  reference  period,  the  base  index  and  the  specific 
payment mechanisms.  

2. 

3. 

1. 

2. 

3. 

Paragraph 1 shall apply subject to Articles 5, 6, 7, 8, 9, 11 and 12 of this Protocol. 

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19 

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4. 

5. 

6. 

7. 

8. 

1. 

2. 

3. 

The  Community  shall  pay  the  financial  contribution  fixed  in  paragraph  1  no  later 
than 30 April 2008 in the first year and no later than 15 June in the following years. 

Subject  to  Article  8  of  this  Protocol,  the  allocation  of  this  contribution  shall  be 
decided  within  the  framework  of  the  Guinea-Bissau  finance  act  and  the  Guinea-
Bissau authorities shall have full discretion regarding the use to which it is put. 

In addition to the amount referred to in paragraph 1, a specific contribution from the 
Community  of  EUR 500  000  per  year  shall  be  dedicated  to  the  introduction  of  a 
health  and  plant  health  system  for  fishery  products.  However  the  two  Parties  may, 
where necessary, decide to allocate part of this specific contribution to strengthening 
in  Guinea-Bissau  fishing  zones.  This 
monitoring,  control  and  surveillance 
contribution shall be managed in accordance with Article 3 of this Protocol. 

Without prejudice to Article 3 of this Protocol, the specific contribution referred to in 
paragraph  6  shall  be  paid  no  later  than 30  April  2008  in  the  first  year  and  no  later 
than 15 June in the following years. 

The  payments  provided  for  in  this  Article  shall  be  paid  into  a  Public  Treasury 
account  opened  at  Guinea-Bissau’s  central  bank,  the  references  of  which  shall  be 
notified each year by the Ministry. 

Article 3 
Specific contribution to help improve the health and plant-health conditions of fishery 
products and to fisheries monitoring, control and surveillance 

The  specific  contribution  from  the  Community  mentioned  in  Article  2(6)  of  this 
Protocol  shall  be  put  towards  helping  the  fisheries  sector  achieve  compliance  with 
health standards and, where necessary, towards Guinea-Bissau’s monitoring, control 
and surveillance policy. 

Guinea-Bissau  shall  be  responsible  for  the  management  of  the  corresponding 
amount, based on the identification by the two Parties, by mutual agreement, of the 
measures  to  be  carried  out  and  the  annual  and  multiannual  programming  to  attain 
them. 

Without prejudice to the objectives identified by the two  Parties  and  in  accordance 
with Articles 8 and 9 of this Protocol, the Parties agree to focus on:  

(a)  measures  which  aim  to  improve  the  health  and  plant-health  conditions  of 
fishery  products,  including  building  up  the  competent  authority,  bringing  the 
Centro  de  Investigação  Pesqueira  Apliquada  (CIPA)  up  to  standards 
(ISO 9000),  training  staff  and  achieving  compliance  in  the  necessary  legal 
framework; 

and, where necessary, 

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20 

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4. 

5. 

1. 

2. 

3. 

1. 

(b) 

support  measures  for  fisheries  monitoring, control and surveillance, including 
surveillance  of  Guinea-Bissau  waters  by  sea  and  by  air,  setting  up  a  satellite 
vessel  monitoring  system  (VMS)  and  improving  the  legal  framework  and  its 
application in the event of infringements.  

A  detailed  annual  report  shall  be  submitted  for  approval  to  the  Joint  Committee 
provided for in Article 10 of the Agreement.  

However,  the  Community  reserves  the  right  to  suspend  payment  of  the  specific 
contribution  provided  for  in  Article  2(6)  of  this  Protocol,  from  the  first  year  of 
application of the Protocol, in the event of disputes concerning the programming of 
measures or where the results obtained, except in exceptional circumstances, do not 
comply with the programming. 

Article 4 
 Scientific cooperation 

The two Parties undertake to promote responsible fishing in the Guinea-Bissau fishing 
zone  on  the  basis  of  the  principles  of  sustainable  management,  in  particular  by 
promoting cooperation at subregional level on responsible fishing, particularly within 
the Subregional Fisheries Commission (CSRP). 

During  the  period  covered  by  this  Protocol,  the  two  Parties  shall  cooperate  to 
develop  certain  issues  relating  to  the  state  of  resources  in  Guinea-Bissau  fishing 
zones;  to  this  end  a  Joint  Scientific  Committee  shall  meet  at  least  once  a  year,  in 
accordance with Article 4(1) of the Agreement. At the request of one of the Parties 
and  where  needed  within  the  framework  of  this  Agreement,  other  meetings  of  this 
Joint Scientific Committee may also be convened. 

The two Parties, on the basis of the conclusions of the annual joint scientific meeting 
and  of  the  recommendations  and  resolutions  adopted  within  the  International 
Commission  for  the  Conservation  of  Atlantic  Tunas  (ICCAT),  the  Fishery 
Committee  for  the  Eastern  Central  Atlantic  (CECAF)  or  any  other  regional  or 
international  organisation  in  this  area  of  which  the  two  Parties  are  members  or  in 
which  they  are  represented,  shall  consult  each  other  within  the  Joint  Committee 
provided  for  in  Article  10  of  the  Agreement  and  adopt,  where  appropriate  and  by 
mutual  agreement,  measures  to  ensure  the  sustainable  management  of  fisheries 
resources.  

Article 5 
 Review of fishing opportunities 

The  fishing  opportunities  referred  to  in  Article  1  may  be  increased  by  mutual 
agreement  provided  that  the  conclusions  of  the  annual  joint  scientific  meeting 
referred  to  in  Article  4(2)  of  the  Agreement  confirm  that  such  an  increase  will  not 
endanger  the  sustainable  management  of  Guinea-Bissau  resources.  In  this  case  the 
financial  contribution  referred  to  in  Article  2(1)  shall  be  increased  proportionately 
and pro rata temporis. However, the total amount of the financial contribution paid 

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by  the  European  Community  shall  not  be  more  than  twice  the  amount  indicated  in 
Article 2(1). 

Conversely, if the Parties agree to adopt measures as referred to in Article 4(2) of the 
Agreement  resulting  in  a  reduction  in  the  fishing  opportunities  provided  for  in 
Article  1,  the  financial  contribution  shall  be  reduced  proportionally  and  pro  rata 
temporis. Without prejudice to Article 8 of this Protocol, this financial contribution 
could  be  suspended  by  the  Community  if  it  is  not  possible  to  use  the  fishing 
opportunities provided for in this Protocol. 

The allocation of the fishing opportunities among different categories of vessels may 
also  be  reviewed  by  mutual  agreement  between  the  Parties,  provided  that  any 
changes  comply  with  any  recommendations  made  by  the  annual  joint  scientific 
meeting  regarding  the  management  of  stocks  liable  to  be  affected  by  such 
redistribution.  The  Parties  shall  agree  on  the  corresponding  adjustment  of  the 
financial contribution where the redistribution of fishing opportunities so warrants. 

The adjustments of fishing opportunities provided for in paragraphs 1, 2 and 3 shall 
be  decided  by  mutual  agreement  between  the  two  Parties  in  the  Joint  Committee 
provided for in Article 10 of the Agreement. 

Article 6 
New and exploratory fishing opportunities 

Should Community vessels be interested in fishing activities which are not indicated 
in Article 1 of this Protocol, the Community shall consult Guinea-Bissau in order to 
seek authorisation for these new activities. Where appropriate, the Parties shall agree 
on  the  conditions  applicable  to  these  new  fishing  opportunities  and,  if  necessary, 
make amendments to this Protocol and to the Annex hereto.  

The Parties may carry out exploratory fishing trips in Guinea-Bissau fishing zones, 
subject to an opinion by the joint scientific committee provided for in Article 4 of the 
Agreement. To this end, they shall hold consultations whenever one of the Parties so 
requests and determine, on a case-by-case basis, relevant new resources, conditions 
and other parameters. 

Exploratory fishing authorisations shall be granted for testing purposes for a period 
of no more than six months. 

Where the Parties conclude that the exploratory fishing trips have produced positive 
results,  while  preserving  ecosystems  and  conserving  living  marine  resources,  new 
fishing  opportunities  may  be  awarded  to  Community  vessels  following  the 
consultation procedure provided for in Article 5 of this Protocol and until the expiry 
of  the  Protocol  and  in  accordance  with  the  allowable  effort.  The  financial 
contribution shall be increased in accordance with Article 5 of this Protocol. 

Catches  made  during  exploratory  fishing  shall  be  the  property  of  the  shipowner. 
Catches  of  species  of  a  non-regulatory  size  and  species  which  may  not  be  fished, 
kept on-board or sold under Guinea-Bissau law shall be prohibited.  

2. 

3. 

4. 

1. 

2. 

3. 

4. 

5. 

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1. 

2. 

3. 

1. 

2. 

3. 

Article 7 
Suspension and review of the payment of the financial contribution 
in the event of unusual circumstances 

Where  unusual  circumstances,  other  than  natural  phenomena,  prevent  fishing 
activities  in  the  Guinea-Bissau  exclusive  economic  zone  (EEZ),  the  European 
Community  may  suspend  payment  of  the  financial  contribution  and  the  specific 
contribution  provided  for  in  Article  2(1)  of  this  Protocol.  The  suspension  decision 
shall be taken following consultations between the two Parties within a period of two 
months following the request of one of the Parties, and provided that the Community 
has paid in full any amounts due at the time of suspension. 

Payment of the financial contribution and of the specific contribution referred to in 
Article  2  of  this  Protocol  shall  resume  as  soon  as  the  Parties  find,  by  mutual 
agreement  following  consultations,  that  the  circumstances  preventing  fishing 
activities  are  no  longer  present  and/or  that  the  situation  allows  a  resumption  of 
fishing activities. 

Where the validity of the licences granted to Community vessels is suspended along 
with the payment of the financial contribution, it shall be extended by a period equal 
to the period during which fishing activities were suspended. 

Article 8 
Contribution of the Fisheries Partnership Agreement to the implementation 
of Guinea-Bissau’s sectoral fisheries policy 

A  share  of  35%  of  the  financial  contribution  referred  to  in  Article  2(1)  of  this 
Protocol  (i.e.  EUR  2  450  000)  shall  be  put  towards  defining  and  implementing  a 
sectoral fisheries policy in Guinea-Bissau with a view to introducing sustainable and 
responsible fishing in its waters.  

Guinea-Bissau  shall  be  responsible  for  the  management  of  the  corresponding 
amount, based on the identification by the two Parties, by mutual agreement, of the 
objective to be achieve and the annual and multiannual programming to attain them, 
in particular as regards the sound management of fisheries resources, strengthening 
scientific  research  and  the  monitoring  capacity  of  the  competent  Guinea-Bissau 
authorities, and improving production conditions for fishery products. 

Without prejudice to the objectives identified by the two Parties  and  in  accordance 
with  the  priorities  of  the  Strategy  of  sustainable  development  of  Guinea-Bissau’s 
fisheries sector and with a view to ensuring sustainable and responsible management 
of  the  sector,  the  two  Parties  agree  to  focus  on  the  following  areas  of  assistance: 
monitoring,  control  and  surveillance  of  fishing  activities,  scientific  research  and 
management and development of fisheries.  

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Article 9 
Methods of implementing the support for 
Guinea-Bissau’s sectoral fisheries policy 

1. 

Without prejudice to Article 8(3) of this Protocol, the European Community and the 
Ministry  shall  agree,  within  the  Joint  Committee  provided  for  in  Article  10  of  the 
Agreement, and from the entry into force of the Protocol, on: 

(a) 

(b) 

the  annual  and  multiannual  guidelines  steering  the  implementation  of  the 
priorities  of  Guinea-Bissau  fisheries  policy  aiming  to  introduce  responsible 
fishing, and in particular those referred to in Article 8(2) of this Protocol;  

the  annual  and  multiannual  objectives  to  be  achieved  and  the  criteria  and 
indicators  to  be  used  to  permit  an  evaluation  of  the  results  obtained,  on  an 
annual  basis.  Annex  IV  hereto  provides  a  basic  outline  of  the  objectives  and 
performance  indicators  to  be  taken  into  account  within  the  framework  of  the 
Protocol. 

Any  amendment  of  these  guidelines,  objectives,  criteria  and  evaluation  indicators 
shall be approved by the two Parties within the Joint Committee. 

For the first year, the allocation by Guinea-Bissau of the financial support referred to 
in Article 8(1) of this Protocol shall be communicated to the European Community 
when  the  guidelines,  objectives,  criteria  and  evaluation  indicators  are  approved 
within the Joint Committee.  

Each  year,  the  Ministry  shall  communicate  this  allocation  to  the  European 
Community no later than four months after the entry into force of this Protocol in the 
first year and no later than 15 June in the following years.   

The annual report on the implementation of the measures programmed and financed, 
the results obtained and any difficulties encountered shall be submitted to the Joint 
Committee provided for in Article 10 of the Agreement for approval. 

However, the European Community reserves the right to adapt or suspend payment 
of the amount fixed in Article 8(1) of this Protocol, where the annual evaluation of 
the actual results achieved in terms of implementing the fisheries policy at that point 
so warrants, and following consultations within the Joint Committee.  

Article 10 
Economic integration of Community operators 
in the Guinea-Bissau fisheries sector 

The Parties undertake to promote the economic integration of Community operators 
into the fishing industry in Guinea-Bissau as a whole. 

The  Parties  undertake  to  promote  the  setting  up  of  joint  ventures  between 
Community  operators  and  Guinea-Bissau  operators  with  a  view  to  the  joint 
exploitation  of  fishery  resources  in  the  Guinea-Bissau  exclusive  economic  zone 
(EEZ). 

2. 

3. 

4. 

5. 

6. 

1. 

2. 

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3. 

4. 

5. 

6. 

1. 

2. 

3. 

4. 

“Joint ventures” means any association set up on the basis of a contractual agreement 
of limited duration between Community shipowners and physical or legal persons in 
Guinea-Bissau  for  the  purpose  of  jointly  fishing  for  and  exploiting  Guinea-Bissau 
fishing  quotas  using  one  or  more  vessels  flying  the  flag  of  a  Member  State  of  the 
European Community and sharing the cost profits or losses of the economic activity 
jointly undertaken. 

Guinea-Bissau  shall  award  the  authorisation  required  to  allow  joint  ventures  set  up 
for the exploitation of fishery resources to operate in its fishing zones.  

Community vessels which have decided to set up joint ventures under the Protocol in 
force for the fishing categories referred to in Article 1(1)(a) and (b) of this Protocol 
will be exempt from the payment  of  licence  fees.  Moreover,  from  the third  year of 
application of the Protocol, Guinea-Bissau shall make financial support available for 
setting up such joint ventures. The total amount of such support shall not exceed 20% 
of the total amount of fees paid by shipowners under this Protocol.  

The Joint Committee shall decide the financial and technical provisions allowing for 
the  implementation  of  this  financial  support  and  the  promotion  of  joint  ventures 
within the framework of this Protocol. 

Article 11 
Disputes – suspension of application of the Protocol 

Any  dispute  between  the  Parties  over  the  interpretation  of  this  Protocol  and  its 
Annexes  or  its  application  shall  be  the  subject  of  consultations  between  the  Parties 
within the Joint Committee, in a special meeting if necessary. 

Application of the Protocol may be suspended at the initiative of one of the Parties if 
the dispute between the two Parties is deemed to be serious and if the consultations 
held within the Joint Committee under the above paragraph 1 have not resulted in an 
amicable settlement. 

Suspension of application of this Protocol shall require the interested Party to notify 
its intention in writing at least three months before the date on which suspension is 
due to take effect. 

In the event of suspension, the Parties shall continue to consult with a view to finding 
an amicable settlement to their dispute. As soon as an amicable settlement is reached, 
application of the Protocol shall resume and the amount of the financial contribution 
shall  be  reduced  proportionately  and  pro  rata  temporis  according  to  the  period 
during which application of the Protocol was suspended. 

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Article 12 
Suspension of application of the Protocol for failure to implement Guinea-Bissau’s 
undertakings on responsible and sustainable fishing 

Subject to Article 4 of this Protocol, if Guinea-Bissau fails to honour its undertaking 
to work towards responsible and sustainable fishing, in particular by complying with 
annual fisheries management plans drawn up by the Government of Guinea-Bissau, 
application of this Protocol may be suspended in accordance with Article 11(3) and 
(4). 

For the first year of application of the Protocol, the fisheries management plan shall 
be  as  set  out  in  Annex  III  to  this  Protocol.  The  Parties  shall  abide  by  the  updated 
fisheries plan in each subsequent year within the framework of the Joint Committee 
provided for in Article 10 of the Agreement. 

Article 13 
Suspension of application of this Protocol on grounds of non-payment 

Subject to Article 4 of this Protocol, if the European Community fails to make the payments 
provided  for  in  Article  2,  application  of  this  Protocol  may  be  suspended  on  the  following 
terms: 

(a) 

(b) 

the  competent  Guinea-Bissau  authorities  shall  notify  the  European  Commission  of 
the non-payment. The Commission shall carry out the necessary checks and, where 
necessary, transmit the payment within no more than 30 working days of the date of 
receipt of the notification; 

if no payment is made and non-payment is not adequately justified within the period 
provided  for  in  paragraph  (a)  above,  the  competent  Guinea-Bissau  authorities  shall 
be  entitled  to  suspend  application  of  this  Protocol.  They  shall  inform  the  European 
Commission of such action forthwith. 

Application of this Protocol shall resume as soon as the payments concerned have been made. 

Article 14 
Repeal 

This  Protocol  and  its  Annexes  repeal  and  replace  the  current fisheries Protocol  between  the 
European  Economic  Community  and  Guinea-Bissau  on  fishing  off  the  coast  of  Guinea-
Bissau.  

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Article 15 
Entry into force 

1. 

This Protocol with its Annexes shall enter into force on the date on which the Parties 
notify each other of the completion of the procedures necessary for that purpose.  

2. 

They shall apply with effect from 16 June 2007. 

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ANNEX I 

CONDITIONS GOVERNING FISHING ACTIVITIES BY COMMUNITY VESSELS 
IN THE GUINEA-BISSAU FISHING ZONE 

Chapter I - Application for and issue of licences 

Section 1 
 General provisions applicable to all vessels 

1. 

2. 

3. 

4. 

5. 

Only eligible vessels may obtain a licence to fish in the Guinea-Bissau fishing zone. 

For a vessel to be eligible, neither the owner, the master nor the vessel itself must be 
prohibited  from  fishing  in  Guinea-Bissau.  They  must  be  in  order  vis-à-vis  the 
Guinea-Bissau  authorities  insofar  as  they  must  have  fulfilled  all  prior  obligations 
arising  from  their  fishing  activities  in  Guinea-Bissau  under  fisheries  agreements 
concluded with the Community. 

Any  Community  vessel  applying  for  a  fishing  licence  may  be  represented  by  an 
agent resident in Guinea-Bissau. The name and address of that representative shall be 
stated in the licence application. 

The relevant Community authorities shall present to the Ministry, via the Delegation 
of  the  European  Commission  to  Guinea-Bissau  an  application  for  each  vessel 
wishing  to  fish  under  the  Agreement  at  least  20  days  before  the  date  of 
commencement of the period of validity requested. 

Applications shall be made to the Ministry on the forms provided for that purpose by 
the  Government  of  Guinea-Bissau,  a  specimen  of  which  is  attached  (Appendix  1). 
The  Guinea-Bissau  authorities  shall  take  all  the  necessary  steps  to  ensure  that  the 
data  received  as  part  of  the  licence  application  is  treated  as  confidential.  This  data 
will  be  used  exclusively  in  the  context  of  the  implementation  of  the  Fisheries 
Agreement. 

6. 

All licence applications shall be accompanied by the following documents: 

–  proof  of  payment  of  the  fee  for  the  period  of  validity  of  the  licence  and  of  the 

amount provided for in Chapter VII, point 13; 

–  any other documents or certificates required under the specific rules applicable to 

the type of vessel concerned pursuant to this Protocol. 

7. 

8. 

The fee shall be paid into the account specified by the Guinea-Bissau authorities.  

The fees shall include all national and local charges with the exception of port taxes 
and service charges. 

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9. 

10. 

11. 

12. 

13. 

14. 

15. 

16. 

17. 

1. 

Licences for all vessels shall be issued to shipowners or their representatives via the 
Delegation  of  the  European  Commission  to  Guinea-Bissau  within  20  working  days 
of receipt of all the documents referred to in point 6 above by the Ministry. 

If  a  licence  is  signed  at  a  time  when  the offices  of  the  Delegation  of  the  European 
Commission are closed, it shall be sent direct to the vessel’s agent and a copy shall 
be sent to the Delegation. 

Licences shall be issued for a specific vessel and shall not be transferable.  

However,  at  the  request  of  the  European  Community  and  where  force  majeure  is 
proven, a vessel’s licence shall be replaced by a new licence for another vessel with 
similar characteristics to those of the first vessel, with no further fee due. However, if 
the  gross  registered  tonnage  (GRT)  of  the  replacement  vessel  is  above  that  of  the 
vessel to be replaced, the difference in fee shall be paid pro rata temporis. 

The owner of the first vessel, or his or her representative, shall return the cancelled 
licence to the Ministry via the Delegation of the European Commission. 

The  new  licence  shall  take  effect  on  the  day  that  the  vessel’s  owner  returns  the 
cancelled  licence  to  the  Ministry.  The  Delegation  of  the  European  Commission  to 
Guinea-Bissau shall be informed of the licence transfer. 

The  licence  must  be  kept  on  board  at  all  times,  without  prejudice  to  point  1  of 
Section 2 of Chapter I of this Annex. 

The two Parties shall seek agreement for the purposes of promoting the introduction 
of  a  licence  system  based  exclusively  on  the  electronic  exchange  of  all  the 
information  and  documents  described  above.  The  two  Parties  shall  seek  agreement 
for  the  purposes  of  promoting  the  rapid  replacement  of  the  paper  licence  by  an 
electronic equivalent such as the list of vessels authorised to fish in Guinea-Bissau’s 
fishing zone. 

The  Parties,  acting  in  the  Joint  Committee,  undertake  to  replace  all  references  to 
GRT  with  GT  and  to  adapt  all  the  provisions  affected  thereby  accordingly.  This 
replacement  shall  be  preceded  by  appropriate  technical  consultations  between  the 
Parties.  

Section 2 
 Special provisions applicable to tuna vessels and surface longliners 

The licence must be held on board at all times. The European Community shall keep 
an up-to-date draft list of the vessels for which a fishing licence has been applied for 
under  this  Protocol.  This  draft  shall  be  notified  to  the  Guinea-Bissau  authorities  as 
soon as it is drawn up, and then each time it is updated. On receipt of this draft list 
and of notification of payment of the advance sent to the Guinea-Bissau authorities 
by  the  Commission,  the  vessel  shall  be  entered  by  the  competent  Guinea-Bissau 
authority  on  a  list  of  vessels  authorised  to  fish,  which  shall  be  notified  to  the 
authorities responsible for fisheries inspection and to the Delegation of the European 
Commission to Guinea-Bissau. A certified copy of this list shall then be sent by the 
Delegation  of  the  European  Commission  to  the  shipowner  to  be  kept  on  board 

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2. 

3 

4. 

5. 

6. 

7. 

8. 

instead  of  the  fishing  licence  until  the  licence  has  been  issued  by  the  competent 
Guinea-Bissau authority.  

Licences shall be valid for a period of one year. They shall be renewable. 

Fees shall be calculated for each vessel on the basis of the annual rates laid down in 
the  datasheets  attached  to  the  Protocol.  In  the  case  of  three-month  and  six-month 
licences, the fees shall be calculated pro rata temporis, plus 3% and 2% respectively 
to cover recurrent costs in drawing up the licences. 

Licences shall be issued once the fixed amounts under the corresponding datasheets 
have been paid to the competent national authorities. 

The  final  statement  of  the  fees  due  for  the  current  year  shall  be  drawn  up  by  the 
European Commission by 15 June of the following year at the latest on the basis of 
the  catch  declarations  made  by  each  shipowner  and  confirmed  by  the  scientific 
institutes  responsible  for  verifying  catch  data  in  the  Member  States,  such  as  the 
Institut  de  Recherche  pour  le  Développement  (IRD),  the  Instituto  Español  de 
Oceanografía (IEO) and the Instituto Português de Investigaçao Maritima (IPIMAR) 
via the Delegation of the European Commission.  

The statement shall be sent simultaneously to the Ministry and to the shipowners.  

Any additional payments shall be made by the shipowners to the competent Guinea-
Bissau national authorities by 31 July of the year in which the final statement of fees 
is drawn up at the latest, into the account referred to in point 7 of Section 1 of this 
Chapter.  

However,  if  the  amount  of  the  final  statement  is  lower  than  the  advance  fixed  in 
point  3  of  this  Section,  the  resulting  balance  shall  not  be  reimbursable  to  the 
shipowner. 

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Section 3 
Special provisions for trawlers  

1. 

In addition to the documents referred to in point 6 of Section 1 of this Chapter, all 
licence applications for vessels covered by this Section must be accompanied by: 

–  a  certified  copy  of  the  document  drawn  up  by  the  Member  State  certifying  the 

vessel’s tonnage in GRT, and 

–  a  certificate  of  conformity  issued  by  the  Ministry  following  the  technical 

inspection of the vessel in accordance with point 3.2 of Chapter VIII. 

2. 

Should a licence application be made in respect of a vessel which has already had a 
licence  under  this  Protocol  and  the  technical  characteristics  of  which  remain 
unchanged, this application shall be presented to the Ministry via the Delegation of 
the European Commission in Bissau, accompanied only by the proof of payment of 
the  fee  for  the  periods  in  question  and  of  the  amount  provided  for  in  point  13  of 
Chapter VII. The Ministry shall authorise the new licence, entering details of the first 
licence application submitted under the Protocol in force. 

3. 

The following twelve-month periods shall be used for determining the validity of the 
licences: 

– 

– 

– 

– 

– 

first period: 

from 16 June 2007 to 31 December 2007; 

second period: from 1 January 2008 to 31 December 2008; 

third period: 

from 1 January 2009 to 31 December 2009; 

fourth period:  from 1 January 2010 to 31 December 2010; 

fifth period: 

from 1 January 2011 to 15 June 2011. 

4. 

5. 

6. 

7. 

8. 

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

A  quarter  shall  consist  of  one  of  the  three-month  periods  beginning  1 January, 
1 April, 1 July or 1 October, except for the first and last period of the Protocol which 
shall run from 16 June 2007 to 30 September 2007 and from 1 April 2011 to 15 June 
2011 respectively. 

Licences  shall  be  valid  for  one  year,  six  months  or  three  months.  They  shall  be 
renewable. 

Licences must be kept on board at all times. 

Fees shall be calculated for each vessel on the basis of the annual rates laid down in 
the  datasheets  attached  to  the  Protocol.  In  the  case  of  three-month  and  six-month 
licences, the fees shall be calculated pro rata temporis, plus 3% and 2% respectively 
to cover recurrent costs in drawing up the licences. 

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Chapter II – Fishing zones 

Community  vessels  as  referred  to  in  Article  1  of  the  Protocol  shall  be  authorised  to  fish  in 
waters beyond 12 nautical miles from the base lines. 

Chapter III – Catch reporting arrangements for vessels 
authorised to fish in Guinea-Bissau waters 

1. 

For the purposes of this Annex, the duration of a trip by a Community vessel shall be 
defined as follows: 

– 

– 

– 

the period elapsing between entering and leaving Guinea-Bissau’s fishing zone, 
or 

the  period  elapsing  between  entering  the  Guinea-Bissau  fishing  zone  and  a 
transhipment, or 

the  period  elapsing  between  entering  the  Guinea-Bissau  fishing  zone  and  a 
landing in Guinea-Bissau. 

2. 

All vessels authorised to fish in Guinea-Bissau waters under the Agreement shall be 
obliged to communicate their catches to the Ministry in the following manner: 

2.1  Declarations  shall  include  the  catches  made  by  the  vessel  during  each  trip. 
They shall be sent to the Ministry by fax, mail or e-mail, with a copy sent to 
the European Commission, via the Delegation of the European Commission to 
Guinea-Bissau,  at  the  end  of  each  trip,  and,  in  any  case,  before  the  vessel 
leaves  Guinea-Bissau  waters.  If  this  notification  is  sent  by  e-mail,  electronic 
receipts shall be sent at once to the vessel by both addressees, with a copy to 
each  other.  In  the  case  of  tuna  vessels,  these  declarations  shall  be  sent  at  the 
end of each marketing year. 

2.2  The  original  of  the  declarations  sent  by  fax  or  by  e-mail  during  an  annual 
period of validity of the licence within the meaning of point 2 of Section 2 of 
Chapter I in the case of tuna vessels, and point 3 of Section 3 of Chapter I in 
the case of trawlers shall be sent on a physical medium to the Ministry within 
45 days following the end of the last trip made during the period. Hard copies 
shall be sent to the Delegation of the European Commission to Guinea-Bissau. 

2.3  Tuna  vessels  and  surface  longliners  shall  declare  their  catches  on  the 
corresponding  form  in  the  logbook,  in  accordance  with  the  specimen  in 
Appendix 2. The words “Outside the Guinea-Bissau EEZ” shall be entered in 
the  logbook  in  respect  of  periods  during  which  the  vessel  is  not  in  Guinea-
Bissau waters. 

2.4  Trawlers shall declare their catches on a form drawn up in accordance with the 
specimen  in  Appendix  3,  stating  the  total  catches  by  species  and  calendar 
month or part thereof. 

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2.5  The forms shall be filled in legibly and signed by the master of the ship. 

3. 

Where the provisions set out in this Chapter are not complied with, the Government 
of  Guinea-Bissau  reserves  the  right  to  suspend  the  licence  of  the  offending  vessel 
until  the  formalities  have  been  completed  and  to  apply  the  penalty  laid  down  in 
current Guinea-Bissau legislation and, in the event of a recurrence, not to renew the 
licence. The European Commission shall be informed thereof. 

The  two  Parties  shall  seek  agreement  for  the  purposes  of  establishing  a  system  of 
electronic exchange of this information. 

Chapter IV – By-catches 

The  level  of  by-catches  for  each  of  the  fisheries  covered  by  the  Protocol  shall  be  fixed  in 
accordance with Guinea-Bissau legislation and specified in the datasheets for each category. 

Chapter V – Embarking seamen 

Shipowners  who  have  been  issued  fishing  licences  under  the  Agreement  shall  contribute  to 
the  practical  vocational  training  of  Guinea-Bissau  nationals  and  to  an  improvement  of  the 
labour market, subject to the conditions and limits set out below. 

1. 

Each trawler owner shall undertake to employ: 

– 

– 

– 

– 

three fishermen on vessels of less than 250 GRT; 

four fishermen on vessels of 250 to 400 GRT; 

five fishermen on vessels of 400 to 650 GRT; 

six fishermen on vessels of more than 650 GRT. 

2. 

3. 

4. 

5. 

6. 

Shipowners shall endeavour to take on board additional Guinea-Bissau seamen. 

Shipowners shall be free to select through their representatives the seamen they take 
on board their vessels. 

The shipowner or agent shall inform the Ministry of the names of the Guinea-Bissau 
seamen signed on the vessel concerned, mentioning their position in the crew. 

The International Labour Organisation (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. 

The employment contracts of Guinea-Bissau seamen, a copy of which shall be given 
to the signatories, shall be drawn up between the shipowners’ representative(s) and 
the  seamen  and/or  their  trade  unions  or  representatives  in  consultation  with  the 

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7. 

8. 

9. 

Ministry.  These  contracts  shall  guarantee  the  seamen  the  social  security  cover 
applicable to them, including life assurance and sickness and accident insurance.  

The wages of the Guinea-Bissau seamen shall be paid by the shipowners. They shall 
be fixed, before licences are issued, by mutual agreement between the shipowners or 
their  agents  and  the  competent  authorities  of  Guinea-Bissau.  However,  the  wage 
conditions granted to Guinea-Bissau seamen shall not be lower than those applied to 
crews  from  Guinea-Bissau  and  shall  under  no  circumstances  be  below  ILO 
standards. 

All  seamen  employed  aboard  Community  vessels  shall  report  to  the  master  of  the 
vessel  designated  on  the  day  before  their  proposed  embarkation  date.  Where  a 
seaman fails to report at the date and time agreed for embarkation, shipowners shall 
be automatically absolved of their obligation to take the seaman on board. 

Where  no  Guinea-Bissau  seamen  are  taken  on  board  for  reasons  other  than  that 
referred  to  in  the  previous  point,  shipowners  shall  be  obliged  to  pay  as  soon  as 
possible a flat-rate amount for the fishing year equivalent to the wages of the seamen 
not taken on board.  

10. 

This  sum  shall  be  paid  into  a  specific  account  designated  in  advance  by  the 
competent  Guinea-Bissau  authorities  and  shall  help  fund  public  vocational  training 
structures in the fisheries sector. 

Chapter VI – Technical measures 

1. 

2. 

3. 

4. 

5. 

6. 

Vessels  fishing  for  highly  migratory  species  shall  comply  with  the  measures  and 
recommendations  adopted  by  the  ICCAT  regarding  fishing  gear  and  the  technical 
specifications  thereof  and  all  other  technical  measures  applicable  to  their  fishing 
activities. 

For trawlers, specific measures are set out in each of the corresponding datasheets.  

Guinea-Bissau  shall  apply  the  closure  of  fisheries  or  of  a  fishery  for  biological 
recovery  in  non-discriminatory  fashion  to  all  vessels  taking  part  in  those  fisheries, 
whether national, Community or flying the flag of a third country. 

Based on an impact analysis, if it proves necessary, the two Parties shall agree within 
the Joint Committee on any corrective measures relating to biological recovery to be 
applied. 

In the event that Guinea-Bissau is required to take emergency measures entailing the 
closure of a fishery outside the period(s) referred to in point 3 above, or to extend the 
duration  of  closure  beyond  the  period  provided  for,  the  Joint  Committee  shall  be 
convened to assess the impact of applying such measures to Community vessels. 

Where  application  of  points  4  and  5  above  entails  an  increase  in  the  period(s)  of 
closure  of  fisheries,  the  two  Parties  shall  hold  consultations  within  the  Joint 
Committee in order to adjust the financial contribution to take account of the reduced 
fishing opportunities for the Community resulting from such measures.  

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Chapter VII – Observers on board trawlers 

1. 

Vessels  authorised  to  fish  in  Guinea-Bissau  waters  under  the  Agreement  shall  take 
on board observers appointed by Guinea-Bissau on the terms set out below. 

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

responsible for fisheries. 

In  such  cases,  the  port  of  embarkation  shall  be  determined  by  common 
agreement between the Ministry responsible for fisheries and the shipowners or 
their representatives. 

1.2  The Ministry shall draw up a list of vessels designated to take an observer on 
board and a list of the appointed observers. These lists shall be kept up to date. 
They  shall  be  forwarded  to  the  European  Commission  as  soon  as  they  have 
been  drawn  up  and  every  three  months  thereafter  where  they  have  been 
updated. 

1.3  The  Ministry  shall  inform  the  shipowners  concerned,  or  their  representatives, 
of the name of the observer appointed to be taken on board their vessel at the 
time the licence is issued. 

The time spent on board by observers shall be fixed by the Ministry, but, as a general 
rule, it shall not exceed the time required to carry out their duties. The Ministry shall 
inform the shipowners or their agents thereof when notifying them of the name of the 
observer appointed to be taken on board the vessel concerned. 

The  conditions  under  which  observers  are  taken  on  board  shall  be  agreed  between 
shipowners or their representatives and the Guinea-Bissau authorities.  

Observers  shall  be  taken  on  board  at  the  beginning  of  the  first  trip  in  the  port  of 
Guinea-Bissau and, if the licence is renewed, at a port chosen by the shipowner.  

Within two weeks and giving ten days’ notice, the shipowners concerned shall make 
known at which ports and on what dates they intend to take observers on board. 

Where observers are taken on board in a foreign country, their travel costs shall be 
borne  by  the  shipowner.  Should  a  vessel  with  a  Guinea-Bissau  observer  on  board 
leave  the  Guinea-Bissau  fishing  zone,  all  measures  must  be  taken  to  ensure  the 
observer’s return as soon as possible at the expense of the shipowner. 

If the observer is not present at the time and place agreed or within the twelve hours 
following  the  time  agreed,  shipowners  shall  be  automatically  absolved  of  their 
obligation to take the observer on board. 

Observers shall be treated as officers. Where vessels are operating in Guinea-Bissau 
waters, they shall carry out the following tasks: 

8.1  observe the fishing activities of the vessels; 

8.2  verify the position of vessels engaged in fishing operations; 

2. 

3. 

4. 

5. 

6. 

7. 

8. 

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8.3  perform biological sampling in the context of scientific programmes; 

8.4  note the fishing gear used; 

8.5  verify the catch data for Guinea-Bissau waters recorded in the logbook; 

8.6  verify the percentages of by-catches and estimate the discarded catches;  

9. 

10. 

8.7 

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

Masters shall do everything in their power to ensure the physical safety and welfare 
of observers during performance of their duties. 

Observers shall be offered every facility needed to carry out their duties. The master 
shall  give  them  access  to  the  means  of  communication  needed  for  the  discharge  of 
their  duties,  to  documents  directly  concerned  with  the  vessel’s  fishing  activities, 
including in particular the logbook and the navigation log, and to those parts of the 
vessel necessary to facilitate the exercise of their tasks as observer. 

11. 

While on board, observers shall: 

11.1  take  all  appropriate  steps  to  ensure  that  the  conditions  of  their  boarding  and 

presence on the vessel neither interrupt nor hamper fishing operations, 

11.2  respect  the  material  and  equipment  on  board  and  the  confidentiality  of  all 

documents belonging to the vessel. 

11.3  draft  an  activity  report  to  be  transmitted  to  the  competent  Guinea-Bissau 
authorities. Those authorities shall send  a copy of the report, after processing 
and within one week, to the Delegation of the European Commission in Bissau. 

12. 

At  the  end  of  the  observation  period  and  before  leaving  the  vessel,  observers  shall 
draw  up  an  activity  report  to  be  transmitted  to  the  competent  Guinea-Bissau 
authorities,  with  a  copy  to  the  European  Commission.  They  shall  sign  it  in  the 
presence  of  the  master,  who  may  add  or  cause  to  be  added  to  it  in  an  annex  any 
observations  considered  relevant,  followed  by  master’s  signature.  A  copy  of  the 
report shall be handed to the master when the observer is put ashore. 

13. 

Shipowners shall bear the cost of accommodating observers in the same conditions 
as the officers on the vessel, within the confines of the structure of the vessel.  

As  a  contribution  to  the  costs  arising  from  the  presence  of  the  observer  on  board, 
together with the licence fee  the  shipowner shall pay  the Guinea-Bissau authorities 
the  sum  of  EUR  12  per  GRT  per  year  pro  rata  temporis  for  each  vessel  fishing  in 
Guinea-Bissau waters. 

14. 

The salary and social contributions of the observer shall be borne by the Ministry. 

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Chapter VIII – Observers on board tuna vessels 

The  two  Parties  shall  consult  each  other,  and  interested  countries,  as  soon  as  possible  as 
regards  the  definition  of  a  system  of  regional  observers  and  the  choice  of  the  competent 
regional fisheries organisation.  

Chapter IX – Monitoring 

1. 

2. 

In accordance with point 1 of Section 2 of Chapter I, the European Community shall 
keep an up-to-date list of the vessels to which a fishing licence has been issued under 
this Protocol. This list shall be notified to the Guinea-Bissau authorities responsible 
for fisheries inspection as soon as it is drawn up and each time it is updated.  

Vessels fishing for highly migratory species shall be included on the list referred to 
in the previous point upon receipt of notification of the advance payment referred to 
in point 3 of Section 2 of Chapter I. A certified copy of the list of tuna vessels shall 
then be sent to the shipowner to be kept on board instead of the fishing licence until 
the licence has been issued by the competent Guinea-Bissau authority. 

3. 

Technical inspection of trawlers 

3.1  Once  a  year  and  after  any  alteration  in  tonnage  or  changes  to  the  fishing 
category necessitating the use of a different type of gear, Community trawlers 
shall report to the port of Guinea-Bissau to undergo the inspections required by 
the legislation in force. Such inspections shall take place within 48 hours of the 
vessel’s arriving in port. 

3.2  Once the inspection has been completed satisfactorily, the master of the vessel 
shall  be  issued  with  a  certificate  having  the  same  period  of  validity  as  the 
licence  and  which  shall  be  automatically  extended  in  the  case  of  vessels 
renewing  their  licence  within  the  year.  However,  the  maximum  validity  may 
not exceed one year. This certificate must be kept on board at all times. 

3.3  The technical inspection shall verify that the vessel’s technical characteristics 
and  gear  conform  to  the  provisions  of  the  Agreement  and  that  the  provisions 
relating to its crew have been complied with. 

3.4  The  cost  of  the  inspection  shall  be  borne  by  the  shipowner  at  the  rates  laid 
down  by Guinea-Bissau law. It may not be greater than the amount normally 
paid by other vessels for the same services. 

3.5  Failure by the shipowner to comply with points 3.1 and 3.2 above shall result 
in automatic suspension of the fishing licence until such obligations have been 
met. 

4. 

Entering and leaving the zone: 

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Community  vessels  fishing  under  the  Agreement  in  Guinea-Bissau’s  fishing  zone 
shall report the date and time and their position to the radio station of the Ministry 
responsible for fisheries on entering and leaving Guinea-Bissau’s fishing zone. 

When  licences  are  issued,  the  Ministry  responsible  for  fisheries  shall  inform  the 
shipowners of the call sign, frequency and working hours of the station. 

Where  they  cannot  communicate  information  by  radio,  vessels  may  use  alternative 
means, such as telex, telegram or fax (numbers 20.11.57, 20.19.57 and 20.69.50). 

4.1  Community vessels shall notify the Department at least 24 hours in advance of 
their  intention  to  enter  or  leave  the  Guinea-Bissau  fishing  zones.  For  tuna 
vessels this deadline shall be reduced to 6 hours. 

4.2  When notifying leaving, vessels shall also communicate their position and the 
volume and species in catches on board. This information should preferably be 
communicated by fax or, for vessels not equipped with a fax, by radio or by e-
mail. 

4.3  A  vessel  found  to  be  fishing  without  having  informed  the  Ministry  shall  be 

regarded as a vessel without a licence. 

4.4  Vessels  shall  also  be  informed  of  the  fax  and  telephone  numbers  and  e-mail 

address when the fishing licence is issued. 

5. 

Control procedures 

5.1  Masters of Community fishing vessels engaged in fishing activities in Guinea-
Bissau  waters  shall  allow  and  facilitate  boarding  and  the  discharge  of  their 
duties by any Guinea-Bissau official responsible for the inspection and control 
of fishing activities. 

5.2.  These  officials  shall  not  remain  on  board  for  longer  than  is  necessary  for  the 

discharge of their duties. 

5.3  Once  the  inspection  has  been  completed,  a  certificate  shall  be  issued  to  the 

master of the vessel. 

6. 

Boarding 

6.1  The  Ministry  shall  inform  the  European  Commission  via  its  Delegation  to 
Guinea-Bissau, within no more than 48 hours, of all boardings of and penalties 
imposed on Community vessels in Guinea-Bissau waters. 

6.2  The European Commission shall at the same time receive a brief report of the 

circumstances and reasons leading to the boarding. 

7. 

Statement of boarding 

7.1  After  the  competent  Coastal  State  authority  has  drawn  up  a  statement,  the 

master of the vessel shall sign it.  

EN 

38 

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7.2  This signature shall not prejudice the rights of the master or any defence which 

he or she may make to the alleged infringement. 

7.3 

In accordance with the applicable law, the master may be required to take the 
vessel to the port indicated by the competent authorities.  

8. 

Information meeting in the event of boarding 

8.1  Before  any  measures  regarding  the  master  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,  an 
information meeting shall be held at the request of the Community, within one 
working  day  of  the  receipt  of  the  above  information,  between  the  European 
Commission  and  the  Ministry,  possibly  attended  by  a  representative  of  the 
Member State concerned.  

8.2  At  the  meeting,  the  Parties  shall  exchange  any  relevant  documentation  or 
information  helping  to  clarify  the  circumstances  of  the  established  facts.  The 
shipowner or his or her representative shall be informed of the outcome of the 
meeting and of any measures resulting from the boarding. 

9. 

Settlement of boarding 

9.1  Before  any  judicial  procedure,  an  attempt  shall  be  made  to  resolve  the 
presumed infringement through a compromise procedure. This procedure shall 
end no later than four working days after the boarding. 

9.2 

9.3 

In  the  event  of  an  amicable  settlement,  the  amount  of  the  fine  shall  be 
determined in accordance with Guinea-Bissau legislation. 

If  the  case  cannot  be  settled  by  amicable  procedure  and  has  to  be  brought 
before  a  competent  judicial  body,  a  bank  security  set  to  take  account  of  the 
boarding  costs  and  the  fines  and  compensation  payable  by  the  Parties 
responsible for the infringement shall be lodged by the shipowner with a bank 
specified by the Ministry. 

9.4  The  bank  security  shall  be  irrevocable  until  the  legal  proceedings  have  been 
concluded.  It  shall  be  released  once  legal  proceedings  end  without  a 
conviction. Similarly, in the event of a conviction leading to a fine of less than 
the security lodged, the balance shall be released by the Ministry. 

9.5  The vessel shall be released and its crew authorised to leave the port: 

– 

– 

once  the  obligations  arising  under  the  amicable  settlement  have  been 
fulfilled, or 

when  the  bank  security  referred  to  in  point  9.3  has  been  lodged  and 
accepted by the Ministry, pending completion of the legal proceedings. 

10.  Compliance with the rules  

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39 

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All  information  on  infringements  committed  by  Community  vessels  shall  be 
communicated to the Commission on a regular basis, via the Delegation. 

11. 

Transhipment 

11.1  All  Community  vessels  wishing  to  tranship  catches  in  Guinea-Bissau  waters 

shall do so within Guinea-Bissau ports. 

11.2  The  owners  of  such  vessels  must  notify  the  following  information  to  the 

Ministry at least 24 hours in advance: 

– 

– 

– 

– 

the names of the transhipping fishing vessels; 

the names of the cargo vessels; 

the tonnage by species to be transhipped; 

the day of transhipment. 

11.3  Transhipment  shall  be  considered  as  an  exit  from  the  Guinea-Bissau  fishing 
zone. Vessels  must  therefore submit their catch declarations to the competent 
authorities  and  state  whether  they  intend  to  continue  fishing  or  leave  the 
Guinea-Bissau fishing zone. 

11.4  Any transhipment of catches not covered above shall be prohibited in Guinea-
Bissau’s  fishing  zone.  Any  person  infringing  this  provision  shall  be  liable  to 
the penalties provided for by Guinea-Bissau law. 

12. 

Masters of Community fishing vessels engaged in landing or transhipment operations 
in a Guinea-Bissau port shall allow and facilitate the inspection of such operations by 
Guinea-Bissau  inspectors.  Once  the  inspection  has  been  completed  in  the  port,  a 
certificate shall be issued to the master of the vessel. 

Chapter X – Satellite monitoring of fishing vessels 

The  two  Parties  shall  agree  within  the  Joint  Committee  on  the  arrangements  for  satellite-
monitoring  of  Community  fishing  vessels  fishing  under  this  Agreement  where  the  technical 
conditions are met.  

EN 

40 

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APPENDICES 

1 – Application form for a fishing licence 

2 – Statistics on catch and fishing effort  

3 – Tuna vessels fishing logbook  

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41 

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Appendix 1 

APPLICATION FORM 

FOR A 

FISHING LICENCE 

For official use only 

Remarks 

Nationality: ………………………………….. 

……………………………………………….. 

Licence number: ……………………………. 

……………………………………………….. 

Date of signing: ……………………………… 

……………………………………………….. 

Date of issue: …………………………………. 

………………………………………………... 

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APPLICANT 

Company name: ...................................................................................................................................................  

Trade register No: ................................................................................................................................................  

First name and surname of applicant: ..................................................................................................................  

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

Occupation: ..........................................................................................................................................................  

Address: ...............................................................................................................................................................  

.............................................................................................................................................................................  

Number 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 material:....................................................................................................................................  

Make of main engine: ........................................Type: ............................. Engine power:...................................  

Propeller: 

Fixed:  (cid:133) 

Variable:  (cid:133) 

Ducted:  (cid:133) 

Speed:...................................................................................................................................................................  

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

List of sounding, navigation and transmission instruments: 

Radar:  (cid:133) 

Sonar:  (cid:133) 

Net sounder: 

(cid:133) 

VHF:  (cid:133) 

BLU:  (cid:133) 

Satellite navigation:  (cid:133) 

Other ...................................  

Number of crew: ..................................................................................................................................................  

EN 

43 

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CONSERVATION 

Ice: 

(cid:133) 

Ice and refrigeration:  (cid:133) 

Freezing: in brine: 

(cid:133) 

dry:  (cid:133) 

in refrigerated sea water:  (cid:133) 

Total refrigeration power: ....................................................................................................................................  

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

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

TYPE OF FISHING 

A. 

Demersal 

Inshore demersal: 

(cid:133) 

Deep-sea demersal: 

(cid:133) 

Type of trawl: 

cephalopod: 

(cid:133) 

shrimp: 

(cid:133) 

fin-fish: 

(cid:133) 

Length of trawl:..................................................Length of headline: ....................................................  

Mesh size in codend:..............................................................................................................................  

Size of mesh in the wings: .....................................................................................................................  

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

B. 

Deep-sea pelagic (tuna) 

Pole and line:  (cid:133) 

No of poles and lines:  (cid:133) 

Seine: 

(cid:133) 

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

Number of tanks:...........................................................Capacity (tonnes):...........................................  

C. 

Longlines and pots 

Surface: 

(cid:133) 

Bottom: 

(cid:133) 

Length of line:...............................................................Number of hooks: ...........................................  

Number of lines: ....................................................................................................................................  

Number of pots: .....................................................................................................................................  

EN 

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SHORE INSTALLATIONS 

Address and permit number: ................................................................................................................................  

.............................................................................................................................................................................  

Company name: ...................................................................................................................................................  

Activities:.............................................................................................................................................................  

Domestic wholesale fish trade: 

(cid:133) 

export:  (cid:133) 

Type and No of wholesale trader’s card: .............................................................................................................  

Description of processing and conservation plant: 

.............................................................................................................................................................................  

.............................................................................................................................................................................  

.............................................................................................................................................................................  

.............................................................................................................................................................................  

.............................................................................................................................................................................  

Number of employees: .........................................................................................................................................  

N.B. Indicate affirmative answers by a tick in the appropriate box. 

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Technical remarks 

Authorisation of the State ministry 

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46 

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FISHERIES MINISTRY 
Name of vessel: 

Nationality: 

Appendix 2 

STATISTICS ON CATCH AND EFFORT 

Engine power: 

Gross tonnage (t): 

Month: 

Fishing method: 

Port of landing: 

Year: 

Date 

Fishing zone 

Longitude 

Latitude 

Number of hauls 

Number of 
hours fishing 

Species of fish 

Totals 

1/ 

2/ 

3/ 

4/ 

5/ 

6/ 

7/ 

8/ 

9/ 

10/ 

11/ 

12/ 

13/ 

14/ 

15/ 

16/ 

17/ 

18/ 

19/ 

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20/ 

21/ 

22/ 

23/ 

24/ 

25/ 

26/ 

27/ 

28/ 

29/ 

30/ 

TOTAL 

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Appendix 3 
TUNA VESSELS FISHING LOGBOOK 

Name of vessel:…………………………………………… 
Flag country:………………………………………………. 
Registration No:..................................................................…... 
Shipowner:…………………………………………………. 
Address:.....................................................................................
............................................................................................…. 

Gross tonnage:………..………………………….. 
Capacity (TM):……………………………………. 
Master: ………………………………………… 
No 

………………..

crew: 

of 

Reporting  date:  ………………………………….

Reported by: …………………………………. 

  Month 

Day 

Year 

Port 

Vessel 
departed: 
Vessel 
returned: 

Fishing method 

  Longline 

Purse seine 

Trawl 
Other 

No of days at 
sea: 

No 

of 

fishing 

days:

…………….

Trip 
number: 

……… 

No of sets made: 

.……………..

……………………………… 

Date 

Sector 

Day/ 
Month 

o
N

t
e
S

/

S
N
e
d
u
t
i
t
a
L

/

O
E
e
d
u
t
i
g
n
o
L

Surface 
water 
temp. 
(°C) 

Fishin
g 
effort 
No of 
hooks 
used 

 Bluefin 
tuna 
Thunnus 
maccoyi 

Yellowfin 
tuna 
Thunnus 
albacares 

Bigeye tuna
Thunnus 
obesus 

Albacore 
Thunnus 
alalunga 

Swordfish 
Xiphias 
gladius 

Strip marlin
Tetrapturus
audax 

Black marlin 
Makaira 
indica 

Sailfish 
Istiophorus 
spp. 

Skipjack 
Katsuwonus 
pelamis 

Miscellaneo
us fish 

Daily total 

Catches 

Bait used 

y
r
u
a
S

d
i
u
q
S

t
i
a
b
e
v
i
L

r
e
h
t
O

  No 

kg  No 

kg 

No 

kg 

No 

kg 

No 

kg 

No 

kg 

No 

kg 

No 

kg 

No 

kg 

No 

kg 

No 

kg 

Landing weight (in kg) 

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ANNEX II 

DATASHEET No 1 – FISHING CATEGORY 1:  
FREEZER, FIN-FISH AND CEPHALOPOD TRAWLERS  

1. Fishing zone 

Beyond 12 nautical miles from the base line, including the Guinea-Bissau/Senegal joint management area, extending north to 
the azimuth 268°. 

Standard otter trawls and other selective gear are authorised. 

Outriggers are authorised. 

2. Authorised gear 

In the case of all fishing gear, no methods or devices may be used to seek to obstruct the  mesh of the nets or reduce their 
selective effect. However, in the interests of reducing wear or damage, protective aprons of netting or other material may be 
attached, but only to the underside of the codend of a bottom trawl. Such aprons must be attached only to the forward and 
lateral edges of the codend of the trawl. Protective devices may be used for the top of the trawl, but these must consist of a 
single section of net of the same material as the codend, with the mesh measuring at least 300 millimetres when stretched out. 

Doubling of the codend’s netting yarn, whether single or multiple, shall be prohibited. 

70mm 

In accordance with Guinea-Bissau law.  

3. Minimum authorised mesh size 

4. Biological recovery 

In the absence of provisions in Guinea-Bissau law, the two Parties shall agree within the Joint Committee and on the basis of 
the  best  available  scientific  advice  approved  by  the  joint  scientific  meeting,  on  the  most  appropriate  biological  recovery 
period. 

In accordance with Guinea-Bissau law: 

5. By-catches 

Fin-fish trawlers may not hold on board crustaceans or cephalopods accounting, in each case, for more than 9% of their total 
catch in Guinea-Bissau’s fishing zone at the end of a trip as defined in Chapter III of the Annex to this Protocol. 

Cephalopod trawlers may not hold on board crustaceans accounting for more than 9% of their total catch in Guinea-Bissau’s 
fishing zone at the end of a trip as defined in Chapter III of the Annex to this Protocol. 

Where these percentages exceed the authorised by-catches, penalties shall be imposed in accordance with Guinea-Bissau law. 

The two Parties shall consult within the Joint Committee to adjust the authorised rate if necessary. 

Authorised tonnage (GRT) per year 

4 400 

6. Authorised tonnage/Fees 

Fees in EUR per GRT per year 

EUR 229 per GRT per year 

In the case of three-month and six-month licences, the 
fees shall be calculated pro rata temporis, plus 3% and 
2% respectively to cover recurrent costs in drawing up 
the licences. 

 The conditions governing fishing activity by Community vessels shall be as laid down in the Annex to the Protocol. 

7. Comments 

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DATASHEET No 2 - FISHING CATEGORY 2:  
SHRIMP TRAWLERS 

1. Fishing zone 

Beyond 12 nautical miles from the base line, including the Guinea-Bissau/Senegal joint management area, extending north to 
the azimuth 268°. 

Standard otter trawls and other selective gear are authorised. 

Outriggers are authorised. 

2. Authorised gear 

In the case of all fishing gear, no methods or devices may be used to seek to obstruct the  mesh of the nets or reduce their 
selective effect. However, in the interests of reducing wear or damage, protective aprons of netting or other material may be 
attached, but only to the underside of the codend of a bottom trawl. Such aprons must be attached only to the forward and 
lateral edges of the codend of the trawl. Protective devices may be used for the top of the trawl, but these must consist of a 
single section of net of the same material as the codend, with the mesh measuring at least 300 millimetres when stretched out. 

Doubling of the codend’s netting yarn, whether single or multiple, shall be prohibited. 

40mm  

3. Minimum authorised mesh size 

Guinea-Bissau undertakes to amend its legislation within 12 months of the entry into force of this Protocol in order to apply a 
50 mm mesh size in accordance with existing law in the subregion, which will apply to all fleets fishing for crustaceans in the 
Guinea-Bissau fishing zone. ] 

In accordance with Guinea-Bissau law.  

4. Biological recovery 

In the absence of provisions in Guinea-Bissau law, the two Parties shall agree within the Joint Committee and on the basis of 
the  best  available  scientific  advice  approved  by  the  joint  scientific  meeting,  on  the  most  appropriate  biological  recovery 
period.  

In accordance with Guinea-Bissau law: 

5. By-catches 

Shrimp  trawlers  may  not  hold  on  board  cephalopods  or  fin-fish  accounting,  in  each  case,  for  more  than  50%  of  their  total 
catch in Guinea-Bissau’s fishing zone at the end of a trip as defined in Chapter III of the Annex to this Protocol. 

Where these percentages exceed the authorised by-catches, penalties shall be imposed in accordance with Guinea-Bissau law. 

Authorised tonnage (GRT) per year 

4 400 

6. Authorised tonnage/Fees 

Fees in EUR per GRT per year 

 EUR 307 per GRT per year 

In the case of three-month and six-month licences, the 
fees shall be calculated pro rata temporis, plus 3% and 
2% respectively to cover recurrent costs in drawing up 
the licences. 

 The conditions governing fishing activity by Community vessels shall be as laid down in the Annex to the Protocol. 

7. Comments 

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DATASHEET No 3 – FISHING CATEGORY 3:  
POLE-AND-LINE TUNA VESSELS 

1. Fishing zone 

Beyond 12 nautical miles from the base line, including the Guinea-Bissau/Senegal joint management area, extending 
north to the azimuth 268°. 

Pole-and-line tuna vessels shall be authorised to fish for live bait with a view to carrying out their fishing activities in 
Guinea-Bissau’s fishing zone. 

2. Authorised gear and technical measures 

Poles and lines. 

Purse seines with live bait: 16 mm 

Vessels  fishing  for  highly  migratory  species  shall  comply  with  the  measures  and  recommendations  adopted  by  the 
International  Commission  for  the  Conservation  of  Atlantic  Tunas  (ICCAT)  regarding  fishing  gear  and  the  technical 
specifications thereof and all other technical measures applicable to their fishing activities. 

In accordance with the relevant ICCAT and FAO recommendations, fishing for basking shark (Cetorhinus maximus), 
white  shark  (Carcharodon  carcharias),  sand  tiger  shark  (Carcharias  taurus)  and  tope  shark  (Galeorhinus  galeus)  is 
prohibited. 

3. By-catches  

4. Authorised tonnage/Fees 

Fee per tonne caught 

Annual financial contribution 

EUR 25 per tonne 

EUR 500 per 20 tonnes 

Number of vessels authorised to fish 

14 

5. Comments 

The conditions governing fishing activity by Community vessels shall be as laid down in the Annex to the Protocol. 

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DATASHEET No 4 - FISHING CATEGORY 4:  
FREEZER TUNA SEINERS AND LONGLINERS 

1. Fishing zone 

Beyond 12  nautical  miles  from  the  base  line,  including the Guinea-Bissau/Senegal joint  management  area,  extending 
north to the azimuth 268°. 

Seine and surface longline. 

2. Authorised gear and technical measures 

Vessels  fishing  for  highly  migratory  species  shall  comply  with  the  measures  and  recommendations  adopted  by  the 
International  Commission  for  the  Conservation  of  Atlantic  Tunas  (ICCAT)  regarding  fishing  gear  and  the  technical 
specifications thereof and all other technical measures applicable to their fishing activities. 

Recommended ICCAT standards. 

3. Minimum authorised mesh size  

4. By-catches  

In  accordance with  the  relevant  ICCAT  and  FAO  recommendations, fishing for basking  shark  (Cetorhinus maximus), 
white  shark  (Carcharodon  carcharias),  sand  tiger  shark  (Carcharias  taurus)  and  tope  shark  (Galeorhinus  galeus)  is 
prohibited. 

Fee per tonne caught 

EUR 35 per tonne 

5. Authorised tonnage/Fees 

Annual financial contribution 

Number of vessels authorised to fish  

EUR 3 150 per 90 tonnes 

23 

6. Comments 

The conditions governing fishing activity by Community vessels shall be as laid down in the Annex to the Protocol. 

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ANNEX III 

2007 management plan – crustaceans and demersal species 

Species 

GRT 2006 

GRT 2007 

Difference in 
GRT 

Difference in 
GRT % 

Crustaceans  

Cephalopods 

Demersal fish 

Pelagic fish 

Tuna 

TOTAL 

11 000

8 000

12 000

20 000

49 000

8 000

5 600

18 000

23 000

49 000

100 000

103 600

-3 000

-2 400

6 000

3 000

0

3 600

-27%

-30%

50%

15%

0%

0

During  the  period  of  validity  of  this  Agreement,  unless  scientific  advice  is  favourable, 
Guinea-Bissau  shall  reduce  fishing  effort  in  the  shrimp  and  cephalopod  categories,  while 
maintaining  in  2007  the  existing  agreement  with  third  countries  and  the  European 
Community. 

However, if the fishing opportunities granted to third countries remain unused on 1 January 
2007, these opportunities shall not be mobilised in 2008 and subsequent years. 

In these categories, no fishing opportunities shall be granted for chartering.  

All  agreements  with  European  companies  or  associations/enterprises  shall  be  definitively 
revoked and formally terminated within thirty days of the entry into force of this Protocol.  

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Annex IV 

Outline of the objectives and performance indicators to be complied with under Articles 3, 8 
and 9 of the Protocol 

Strategic priorities and objectives  

Indicators 

1.  Improvement  of  health  and  hygiene 
conditions to develop the fisheries sector 
1.1.  Preparations to obtain export approval 

Rules on minimum health and hygiene standards applicable to industrial 
vessels,  canoes  and  fishing  enterprises  products  drawn  up/adopted  by 
Parliament and implemented  

Competent authority in place 

Centro  de  Investigação  Pesqueira  Apliquada  (CIPA)  brought  up  to 
standards (ISO 9000) 

Laboratory provided to carry out microbiological and chemical analyses 

Shrimp  monitoring  and  analysis  plan  (PNVAR  2008)  adopted  and 
incorporated into law 

Number of health inspectors trained 

Number of health workers and fisheries ministry staff trained in hygiene 
standards 

Approval for export to EU obtained  

1.2.  Modernisation  and  upgrading  health  and 
hygiene  of  the  industrial  fleet  and  the 
small-scale fleet 

Number of industrial vessels brought up to standards 

Number of wooden canoes replaced with canoes made of more suitable 
materials (in absolute terms and as a percentage) 

Number of canoes equipped with iceboxes 

Increased number of unloading points  

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Small-scale  fishing  vessels  and  coastal  fishing  vessels  brought  into 
compliance  with  health  standards  (number  in  absolute  terms  and  as  a 
percentage) 

1.3.  Developing 

infrastructure, 

in  particular 

Refurbishment of Port of Bissau and extension of fishing port 

port infrastructure 

Port  of  Bissau  fish  market  for  unloading  catches  from  small-scale  and 
industrial fishing developed and restored to standards  

Port  of  Bissau  brought  up  to  international  standards  (ratification  of 
SOLAS Convention) 

Wrecks removed from port 

1.4.  Promoting  fishery  products  (health  and 
plant-health  conditions  of  the  products 
landed and processed) 

Inspection system for fishery products adapted and operational 

Actors  made  aware  of  health  and  hygiene  rules  (number  of  training 
courses organised and number of people trained) 

Analytical laboratory operational 

Number  of  sites  developed  for  unloading  and  processing  products  from 
small-scale fishing 

Promoting technical and commercial partnerships with private operators 
overseas 

Eco-labelling system launched for Guinea-Bissau products 

2.  Improving  monitoring, 

control 

and 

surveillance of the fishing zone 

2.1.  Improved legal framework 

Agreement adopted between the ministry of fisheries and of defence on 
surveillance and control 

National  monitoring,  control  and  surveillance  plan  adopted  and 
implemented 

2.2.  Strengthening  monitoring,  control  and  Body  of  sworn  independent  inspectors  operational  (number  of  people 

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surveillance 

recruited and trained) and corresponding budgetary allocation entered in 
the finance act   

Number  of  days  of  surveillance  at  sea:  250  days/year  at  the  end  of  the 
period covered by the Protocol 

Number of inspections in port and at sea 

Number of aerial inspections 

Number of statistical bulletins published 

Radar coverage rate 

Rate of VMS coverage of the fleet as a whole 

Training  programme  adapted  to  surveillance  techniques  implemented 
(number of hours of training, number of technicians trained, etc.) 

2.3.  Monitoring boarding of vessels 

Improving  the  transparency  of  the  system  of  boarding,  penalties  and 
payments of fines 

Rules on payment of fines improved and ban introduced on payment of 
fines other than financial 

Improvement of system for collection of fines 

Publication of annual statistics on fines collected 

Setting up a blacklist of vessels penalised 

Drawing up of and annual publication of statistics on fines 

FISCAP annual report published 

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3.  Improving fisheries management 

3.1.  Managing  shrimp  and  cephalopod  fishing 

effort 

Maintaining  in  2007  existing  agreements  with  third  countries  and  the 
European  Community.  However,  if  the  fishing  opportunities  granted  to 
third  countries  remain  unused  on  1  January  2007,  these  opportunities 
shall not be mobilised in 2008 and subsequent years 

No fishing opportunities shall be granted to chartering 

Definitive  withdrawal  from  and  formal  termination  of  any  agreement 
with  European  companies  or  associations/enterprises  within  thirty  days 
of the entry into force of this Protocol 

3.2.  Modernisation and stepping up of fisheries 

Strengthen CIPA research capacities  

research 

3.3.  Improving 
resources  

information 

on 

fishery 

Annual trawling carried out 

Number of stocks evaluated 

Number of research programmes 

Number  of  recommendations  issued  and  followed  on  the  state  of  the 
main fisheries resources (in particular freezes on fishing and conservation 
measures for overfished stocks) 

Evaluation of annual fishing effort for species which are the subject of a 
development plan 

Instrument  to  manage  operational  fishing  effort  (setting  up  a  database, 
statistical  monitoring  instruments,  networking  the  services  responsible 
for fleet management, publication of statistical bulletins, etc ) 

3.4.  Controlled development of fisheries  

Adoption  of  annual  management  plan  for  industrial  fishing  before  the 
start of the year concerned 

Adoption  and  implementation  of  development  plan  for  over-exploited 
resources 

EN 

58 

   EN 

 
 
 
 
3.5.  Improving  the  effectiveness  of  the  technical 
services  of  the  Ministry  of  Fisheries  and  the 
Marine  Economy  and  the  services  involved  in 
managing the sector 

Vessel register kept in EEZ, including small-scale fishing 

Number of development plans drawn up, implemented and evaluated 

Administrative capacities strengthened 

Training  and  retraining  programme  drawn  up  and  applied  (number  of 
agents trained, number of hours of training, etc ) 

Mechanisms for coordination, consultation and cooperation with partners 
strengthened 

System  of  data  collection  and  statistical  monitoring  of  fisheries 
strengthened 

3.6.  Developing 

the  system 

for  managing 

Number of hours of training for technicians 

licences and monitoring vessels 

Number of technicians trained 

Networking of services and statistics 

EN 

59 

   EN