Fisheries Partnership Agreement between the European Community and the Republic of Guinea-Bissau for the period 16 June 2007 to  15 June 2011
Date: 2008-04-15
Institutions: European Community, Guinea-Bissau
Subjects: Guinea-Bissau, agreement (EU), financial compensation of an agreement, fishery management, fishing agreement, fishing rights, protocol to an agreement

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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 nau-
tical miles from its shores within which it exercises its sovereign rights for the purpose of exploring, conserving and man-
aging that zone,

DETERMINED to apply the decisions and recommendations of the International Commission for the Conservation of Atlan-
tic 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 fish-
eries to ensure the long-term conservation and sustainable exploitation of marine living resources, in particular by reinforc-
ing 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 accor-
dance 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 exploi-
tation of fish stocks,

CONVINCED that such cooperation must take the form of initiatives and measures which, whether taken jointly or sepa-
rately, 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 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 fish-
ing 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,

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HEREBY AGREE AS FOLLOWS:

(f)

‘surveillance authority’ means the fisheries surveillance
directorate;

Article 1

Scope

(g)

‘the Delegation’ means the Delegation of the European Com-
mission to Guinea-Bissau;

This Agreement establishes the principles, rules and procedures
governing:

(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;

— 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 con-
servation and sustainable exploitation of fisheries resources
and develop the Guinea-Bissau fisheries sector,

(i)

‘shipowner’ means any person legally responsible for a fish-
ing vessel.

— the conditions governing access by Community fishing ves-

sels to Guinea-Bissau fishing zones,

Principles and objectives underlying this Agreement

Article 3

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

— partnerships between companies aimed at developing eco-
nomic activities in the fisheries sector and related activities,
in the common interest.

1.
The Parties hereby undertake to promote responsible fish-
ing 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.

2.
The Parties undertake to establish the principles of dialogue
and of prior consultations, in particular as regards implementa-
tion 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.

Article 2

Definitions

3.
The Parties hereby undertake to ensure that this Agreement
is implemented in accordance with the principles of good eco-
nomic and social governance.

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

4.
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.

(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 Agree-
ment 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)

‘Community vessel’ means a fishing vessel flying the flag of a
Member State of the Community and registered in the
Community;

(e)

‘Joint Committee’ means a committee made up of represen-
tatives of the Community and Guinea-Bissau whose func-
tions are described in Article 10 of this Agreement;

5.
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 Funda-
mental Principles and Rights at Work, which shall apply as of
right to the corresponding contracts and general terms of employ-
ment. 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

1.
During the period covered by this Agreement, the Commu-
nity 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 Com-
munity and in Guinea-Bissau.

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The two Parties, on the basis of the conclusions of the
2.
annual scientific meeting and in the light of the best available sci-
entific advice and the recommendations and resolutions adopted
in particular within the International Commission for the Conser-
vation of Atlantic Tunas (ICCAT), the Fishery Committee for the
Eastern Central Atlantic (CECAF) or any other regional or inter-
national 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 agree-
ment, measures to ensure the sustainable management of fisher-
ies resources.

The Parties undertake to consult one other, either directly or
3.
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

1.
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, Commu-
nity vessels shall comply with such amendments within one
month of their notification.

For fishing categories not covered by the Protocol in force,
2.
and for exploratory fishing, the Ministry may grant fishing autho-
risations to Community vessels. However, the granting of these
licences remains dependent on a favourable opinion from the two
Parties.

3.
The Protocol to this Agreement sets out the fishing oppor-
tunities granted by Guinea-Bissau to Community vessels in
Guinea-Bissau fishing zones and the financial contribution
referred to in Article 7 of this Agreement.

4.
The Parties shall ensure the proper implementation of these
procedures and conditions by appropriate administrative coop-
eration between their competent authorities.

Article 7

Financial contribution

The Community shall grant Guinea-Bissau a financial con-
1.
tribution 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 ves-
sels to Guinea-Bissau fishing zones, without prejudice to the
fees due by Community vessels to obtain licences;

2.
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.

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

3.
Guinea-Bissau shall ensure the effective implementation of
the fisheries control provisions in the Protocol. Community ves-
sels shall cooperate with the Guinea-Bissau authorities responsible
for carrying out such control.

2.
The financial support referred to in paragraph 1(b) shall be
determined by mutual agreement in accordance with the Proto-
col in the light of objectives identified by the two Parties to be
achieved in the context of
fisheries policy in
Guinea-Bissau.

the sectoral

4.
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.

The financial contribution granted by the Community shall
3.
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:

Article 6

Conditions governing fishing activities

(a)

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

1.
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 ves-
sels shall be subject to the holding of a licence issued by the com-
petent 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 observ-
ers’ 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.

(b) a reduction in the fishing opportunities granted to Commu-
nity vessels, made by mutual agreement for the purposes of
managing the stocks concerned, where this is considered nec-
essary for the conservation and sustainable exploitation of
resources on the basis of the best available scientific advice;

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

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(d) 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 mul-
tiannual programming observed by both Parties;

(a) monitoring the performance,

interpretation and smooth
operation of the application of the Agreement, and the settle-
ment of disputes;

(e)

termination of this Agreement under Article 14;

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

(f)

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

(c) providing the necessary liaison for matters of mutual interest

relating to fisheries;

Article 8

Promoting cooperation among economic operators

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

1.
The Parties shall encourage economic, scientific and techni-
cal cooperation in the fisheries sector and related sectors. They
shall consult one another with a view to coordinating the differ-
ent measures that might be taken to this end.

The Parties shall encourage exchanges of information on
2.
fishing techniques and gear, preservation methods and the indus-
trial processing of fishery products.

The Parties shall endeavour to create conditions favourable
3.
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.

4.
The Parties shall encourage, in particular, the promotion of
investments in their mutual interest, in compliance with Guinea-
Bissau and Community law.

(e)

reassessing, where necessary, the level of fishing opportuni-
ties and, consequently, of the financial contribution;

(f)

fixing the practical arrangements for the administrative coop-
eration provided for in Article 9 of this Agreement;

(g) monitoring and evaluating the cooperation between eco-
nomic 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 agree-
ment to confer on it, including with regard to combating ille-
gal fishing and administrative cooperation.

2.
The Joint Committee shall meet at least once a year, alter-
nately 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 9

Administrative cooperation

Article 11

Area of application

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 Agree-
ment 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.

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.

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 10

Joint Committee

Article 13

Settlement of disputes

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:

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

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Article 14

Termination

Article 16

Protocol and Annexes

1.
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 fail-
ure to comply with undertakings made by the Parties with regard
to combating illegal, unreported and unregulated fishing.

2.
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

3.
open consultations by the Parties.

4.
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

1.
Application of this Agreement may be suspended at the ini-
tiative 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 consul-
tations with a view to resolving their differences amicably.

2.
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.

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, Portu-
guese, Romanian, Slovak, Slovenian, Finnish and Swedish lan-
guages, 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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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

PROTOCOL

Article 1

Period of application and fishing opportunities

4.
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.

1.
For a period of four years from 16 June 2007, the fishing
opportunities granted pursuant to Articles 5 and 6 of the Agree-
ment 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,

5.
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.

6.
In addition to the amount referred to in paragraph 1, a spe-
cific 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 monitoring, control and surveillance in Guinea-
Bissau fishing zones. This contribution shall be managed in accor-
dance with Article 3 of this Protocol.

7. 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.

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

2.
Protocol.

The payments provided for in this Article shall be paid into
8.
a Public Treasury account opened at Guinea-Bissau’s central bank,
the references of which shall be notified each year by the Ministry.

3.
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

1.
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.

2.
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 fish-
ing 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.

Paragraph 1 shall apply subject to Articles 5, 6, 7, 8, 9, 11

3.
and 12 of this Protocol.

Article 3

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

1. 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.

2. 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 car-
ried out and the annual and multiannual programming to
attain them.

3. Without prejudice to the objectives identified by the two Par-
ties 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;

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and, where necessary,

(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.

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

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

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

3.
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 adjust-
ment of the financial contribution where the redistribution of
fishing opportunities so warrants.

Article 4

Scientific cooperation

4.
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.

1.
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).

2.
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 Sci-
entific 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 Agree-
ment, other meetings of this Joint Scientific Committee may also
be convened.

3.
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 agree-
ment, measures to ensure the sustainable management of fisher-
ies resources.

Article 6

New and exploratory fishing opportunities

1.
Should Community vessels be interested in fishing activities
which are not indicated in Article 1 of this Protocol, the Commu-
nity 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.

2.
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.

Article 5

Review of fishing opportunities

Exploratory fishing authorisations shall be granted for test-

3.
ing purposes for a period of no more than six months.

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

4. 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 consulta-
tion 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.

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Catches made during exploratory fishing shall be the prop-
5.
erty 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.

Article 9

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

Article 7

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

1. Where unusual circumstances, other than natural phenom-
ena, prevent fishing activities in the Guinea-Bissau exclusive eco-
nomic zone (EEZ), the European Community may suspend
payment of the financial contribution and the specific contribu-
tion 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.

2.
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 con-
sultations, that the circumstances preventing fishing activities are
no longer present and/or that the situation allows a resumption
of fishing activities.

3. Where the validity of the licences granted to Community
vessels is suspended along with the payment of the financial con-
tribution, it shall be extended by a period equal to the period dur-
ing which fishing activities were suspended.

Article 8

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

1.
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 respon-
sible fishing in its waters.

2.
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 par-
ticular as regards the sound management of fisheries resources,
strengthening scientific research and the monitoring capacity of
the competent Guinea-Bissau authorities, and improving produc-
tion conditions for fishery products.

1. Without prejudice to Article 8(3) of this Protocol, the Euro-
pean 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 imple-
mentation 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
2.
evaluation indicators shall be approved by the two Parties within
the Joint Committee.

For the first year, the allocation by Guinea-Bissau of the
3.
financial support referred to in Article 8(1) of this Protocol shall
be communicated to the European Community when the guide-
lines, objectives, criteria and evaluation indicators are approved
within the Joint Committee.

4.
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.

5.
The annual report on the implementation of the measures
programmed and financed, the results obtained and any difficul-
ties encountered shall be submitted to the Joint Committee pro-
vided for in Article 10 of the Agreement for approval.

6.
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

3. Without prejudice to the objectives identified by the two
Parties and in accordance with the priorities of the Strategy of sus-
tainable 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.

1.
The Parties undertake to promote the economic integration
of Community operators into the fishing industry in Guinea-
Bissau as a whole.

2.
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).

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‘Joint ventures’ means any association set up on the basis of
3.
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 fish-
ing 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.

4.
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.

5.
Community vessels which have decided to set up joint ven-
tures 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.

6.
The Joint Committee shall decide the financial and techni-
cal provisions allowing for the implementation of this financial
support and the promotion of joint ventures within the frame-
work of this Protocol.

Article 11

Disputes — suspension of application of the Protocol

Any dispute between the Parties over the interpretation of
1.
this Protocol and its Annexes or its application shall be the sub-
ject of consultations between the Parties within the Joint Com-
mittee, in a special meeting if necessary.

Application of the Protocol may be suspended at the initia-
2.
tive 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.

3.
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.

4.
In the event of suspension, the Parties shall continue to con-
sult 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 contribu-
tion shall be reduced proportionately and pro rata temporis accord-
ing to the period during which application of the Protocol was
suspended.

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 sustain-
able 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 accor-
dance with Article 11(3) and (4).

For the first year of application of the Protocol, the fisheries man-
agement plan shall be as set out in Annex III to this Protocol. The
Parties shall abide by the updated fisheries plan in each subse-
quent 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 Commis-
sion shall carry out the necessary checks and, where neces-
sary, 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 fish-
eries Protocol between the European Economic Community and
Guinea-Bissau on fishing off the coast of Guinea-Bissau.

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

ANNEX I

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 exclu-
sively 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 Chap-

ter VII, point 13,

— any other documents or certificates required under the specific rules applicable to the type of vessel concerned

pursuant to this Protocol.

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.

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

7.

8.

9.

10.

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.

11.

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

12.

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.

13.

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.

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14.

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.

15.

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

16.

17.

1.

2.

3.

4.

5.

6.

7.

8.

The two Parties shall seek agreement for the purposes of promoting the introduction of a licence system based exclu-
sively 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 noti-
fication 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 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 Investi-
gaçao 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.

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.

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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 peri-
ods 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.

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 notifi-
cation 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.

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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 accor-
dance 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.

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 pen-
alty 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 leg-
islation 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 consul-
tation with the Ministry. These contracts shall guarantee the seamen the social security cover applicable to them,
including life assurance and sickness and accident insurance.

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7.

8.

9.

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. How-
ever, 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, ship-
owners 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.

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.

1.2.

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.

The Ministry shall draw up a list of vessels designated to take an observer on board and a list of the appointed observ-
ers. 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.

2.

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.

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3.

4.

5.

6.

7.

8.

The conditions under which observers are taken on board shall be agreed between shipowners or their representa-
tives 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, ship-
owners 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;

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;

8.7.

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

9.

10.

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 neces-
sary 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 rel-
evant, 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 hav-
ing the same period of validity as the licence and which shall be automatically extended in the case of vessels renew-
ing 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.

3.4.

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.

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:

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.

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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.

6.2.

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.

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.

7.2.

7.3.

This signature shall not prejudice the rights of the master or any defence which he or she may make to the alleged
infringement.

In accordance with the applicable law, the master may be required to take the vessel to the port indicated by the com-
petent 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 infor-
mation 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 Mem-
ber State concerned.

8.2. At the meeting, the Parties shall exchange any relevant documentation or information helping to clarify the circum-
stances 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.

9.2.

9.3.

9.4.

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

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.

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 comple-

tion of the legal proceedings.,

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10.

Compliance with the rules

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 com-
pleted 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.

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Appendices

1. Application form for a fishing licence

2.

3.

Statistics on catch and fishing effort

Tuna vessels fishing logbook

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APPENDIX 1

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2
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ANNEX II

DATA SHEET 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°.

2. Authorised gear

Standard otter trawls and other selective gear are authorised.

Outriggers are authorised.

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 for-
ward 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.

3. Minimum authorised mesh size

70 mm

4. Biological recovery

In accordance with Guinea-Bissau law.

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.

5. By-catches

In accordance with Guinea-Bissau law:

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.

6. Authorised tonnage/Fees

Authorised tonnage (GRT) per year

4 400

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 draw-
ing up the licences.

7. 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 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°.

2. Authorised gear

Standard otter trawls and other selective gear are authorised.

Outriggers are authorised.

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 for-
ward 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.

3. Minimum authorised mesh size

40 mm

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 crus-
taceans in the Guinea-Bissau fishing zone.

4. Biological recovery

In accordance with Guinea-Bissau law.

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.

5. By-catches

In accordance with Guinea-Bissau law:

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.

6. Authorised tonnage/Fees

Authorised tonnage (GRT) per year

4 400

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 draw-
ing up the licences.

7. 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 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 Inter-
national Commission for the Conservation of Atlantic Tunas (ICCAT) regarding fishing gear and the technical specifi-
cations thereof and all other technical measures applicable to their fishing activities.

3. 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.

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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DATA SHEET 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°.

2. Authorised gear and technical measures

Seine and surface longline.

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

3. Minimum authorised mesh size

Recommended ICCAT standards.

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.

5. Authorised tonnage/Fees

Fee per tonne caught

Annual financial contribution

EUR 35 per tonne

EUR 3 150 per 90 tonnes

Number of vessels authorised to fish

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

ANNEX IV

Strategic priorities and objectives

Indicators

1.

Improvement
of health and
hygiene conditions to develop the
fisheries sector

1.1. Preparations
approval

to obtain export

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

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

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

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

1.3. Developing infrastructure, in par-
ticular port infrastructure

Refurbishment of Port of Bissau and extension of fishing port

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 Con-
vention)

Wrecks removed from port

1.4. Promoting

products
fishery
(health and plant-health condi-
tions of
landed
the products
and processed)

Inspection system for fishery products adapted and operational

Actors made aware of health and hygiene rules (number of training courses orga-
nised 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 over-
seas

Eco-labelling system launched for Guinea-Bissau products

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Strategic priorities and objectives

Indicators

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 surveil-
lance and control

National monitoring, control and surveillance plan adopted and implemented

2.2. Strengthening monitoring, con-

trol and surveillance

Body of sworn independent inspectors operational (number of people 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 cov-
ered 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

3.

Improving fisheries management

3.1. Managing shrimp and cephalopod

fishing effort

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

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 Euro-
pean companies or associations/enterprises within thirty days of the entry into
force of this Protocol

3.2. Modernisation and stepping up of

Strengthen CIPA research capacities

fisheries research

3.3.

Improving information on fishery
resources

Annual trawling carried out

Number of stocks evaluated

Number of research programmes

Number of recommendations issued and followed on the state of the main fish-
eries 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 develop-
ment plan

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

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Strategic priorities and objectives

Indicators

3.4. Controlled

development

of

fisheries

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

3.5.

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

Fisheries

and

the

Adoption and implementation of development plan for over-exploited resources

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

system for
the
managing licences and monitor-
ing vessels

Number of hours of training for technicians

Number of technicians trained

Networking of services and statistics