Proposal for a Council Decision concerning the conclusion of an 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 on fishing off the coast of Guinea for the period from 1 January 2009 to 31 December 2012
Date: 2009-03-12
Institutions: European Commission
Subjects: Guinea, financial compensation of an agreement, fishing agreement, fishing regulations, ratification of an agreement

EN 

EN 

   EN 

 
 
COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 12.3.2009 
COM(2009) 119 final 

Proposal for a 

COUNCIL DECISION 

concerning the conclusion of an 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 on fishing off the coast of Guinea for 
the period from 1 January 2009 to 31 December 2012 

(presented by the Commission) 

EN 

   EN 

 
 
 
  
EXPLANATORY MEMORANDUM 

The Community and the Republic of Guinea have negotiated and initialled, on 20 December 
2008, a Fisheries Partnership Agreement which provides Community fishermen with fishing 
opportunities  in  Guinea's  fishing  zone.  This  Partnership  Agreement,  accompanied  by  a 
Protocol and the annexes thereto, has been 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  European  Economic  Community  and  the  Government  of  the  Revolutionary 
People's  Republic  of  Guinea  on  fishing  off  the  Guinean  Coast  which  entered  into  force  on 
27 April 1983. 

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,  thereby  creating  a  partnership 
framework in which to develop a sustainable fisheries policy and responsible exploitation of 
fishery resources in Guinea's 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 Guinean fishing zones, and to work towards building up 
institutional  capacities  in  the  Republic  of  Guinea  so  that  the  latter  carries  out  a  genuine 
sectoral fisheries policy.  

The financial contribution under the Protocol is set at EUR 450 000 per year, corresponding 
to  fishing  opportunities  in  the  highly  migratory  species  category.  The  entire  amount  of  this 
financial  contribution  is  earmarked  for  introducing  a  national  fisheries  policy  based  on 
responsible fishing and on the sustainable exploitation of fishery resources in Guinean waters.  

An additional specific contribution of EUR 600 000 for the first year, EUR 400 000 for the 
second  year  and  EUR  300 000  for  the  following  years  will  also  be  granted  in  order  to 
strengthen  the  monitoring,  control  and  surveillance  system  in  Guinea's  fishing  zones  and 
enable  Guinea  to  acquire  a  satellite  surveillance  system  by  30 June  2010.  Finally,  the 
Community  will  support  the  efforts  made  by  Guinea  to  mobilise  and  use  all  the  resources 
available in the country to ensure optimum application of the surveillance policy. 

The  Protocol  also  lays  down  that,  if  the  state  of  shrimp  stocks  and  of  Guinean  fisheries 
management in this category so permits, fishing opportunities for shrimp trawlers, at a rate of 
800 GRT per quarter, may be granted on an annual basis, subject to the conditions specified in 
the Protocol, which are aimed at ensuring sustainable fisheries in this category.  

In terms of fishing opportunities, 28 seiners and 12 pole-and-line vessels will be authorised to 
fish. However, at the request of the Community, exploratory fishing surveys may be carried 
out under the Agreement. If they are conclusive, the Parties may decide to grant Community 
vessels new fishing opportunities.  

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

EN 

2 

   EN 

 
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  on  fishing  in 
Guinea’s fishing zones for the period from 1 January 2009 to 31 December 2012. 

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

EN 

3 

   EN 

 
Proposal for a 

COUNCIL DECISION 

concerning the conclusion of an 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 on fishing off the coast of Guinea for 
the period from 1 January 2009 to 31 December 2012 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular 
Article 37 in conjunction with Article 300(2) thereof, 

Having regard to the proposal from the Commission1, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

(6) 

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

As a result of those negotiations, a new Fisheries Partnership Agreement was initialled 
on 20 December 2008. 

The  Fisheries  Agreement  between  the  European  Community  and  the  Government  of 
the Republic of Guinea 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  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 1 January 2009.  

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. […]. 

EN 

4 

   EN 

 
                                                 
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 on fishing off the coast of Guinea for the period from 1 January 2009 to 31 December 
2012 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  shall  be  allocated  among  the 
Member States as follows: 

Article 2 

(a) tuna seiners  

Spain 

France 

Italy 

(b) pole-and-line vessels: 

Spain 

France 

15  vessels 

11  vessels 

2  vessels 

8  vessels 

4  vessels 

2. 

If  applications  for  fishing  authorisations  from  the  Member  States  referred  to  in 
paragraph  1  do  not  cover  all  the  fishing  opportunities  set  by  the  Protocol,  the 
Commission  may  consider  applications  for  fishing  authorisations  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 Guinea's 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 
until  the  date  of  entry  into  force  of  the  regulation  establishing  detailed  rules  within  the 
meaning of Article 30 of Council Regulation (EC) No 1006/2008 of 29 September 2008, and 
in accordance with those rules thereafter. 

2 

OJ L 73, 15.3.2001, p. 8. 

EN 

5 

   EN 

 
 
 
 
 
 
                                                 
Article 4 

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

Done at Brussels, 

For the Council 
The President 

EN 

6 

   EN 

 
 
 
 
 
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 on fishing in Guinea's fishing zones for the period from 1 January 
2009 to 31 December 2012 

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

Sir, 

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

The  result  of  these  negotiations  improves  on  the  earlier  Agreement  and  will  strengthen  our 
fisheries  relations  and  establish  a  true  partnership  framework  in  which  to  develop  a 
sustainable and responsible fisheries policy in Guinea's 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  the  Annex  and  Appendices  thereto  in  accordance  with  the 
procedures in force in the Republic of Guinea and the European Community and necessary to 
their entry into force. 

In order to avoid interrupting fishing activities by Community vessels in Guinea's waters, and 
referring to the Agreement and the Protocol initialled on 20 December 2008 and setting out 
the  fishing  opportunities  and  financial  contribution  from  1  January  2009  to  31  December 
2012,  I  have  the  honour  to  inform  you  that  the  Government  of  the  Republic  of  Guinea  is 
willing to apply this Agreement and this Protocol provisionally from 1 January 2009 pending 
their  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 November 2009. 

I should be grateful if you would confirm the agreement of the European Community to such 
a provisional application. 

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

For the Government of the Republic of Guinea 

EN 

7 

   EN 

 
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 and European Community negotiators have been 
able  to  reach  a  consensus  on  a  Fisheries  Partnership  Agreement  between  the  Republic  of 
Guinea and the European Community, and on a Protocol setting out the fishing opportunities 
and financial contribution and the annexes thereto. 

The  result  of  these  negotiations  improves  on  the  earlier  Agreement  and  will  strengthen  our 
fisheries  relations  and  establish  a  true  partnership  framework  in  which  to  develop  a 
sustainable and responsible fisheries policy in Guinea's 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  the  Annex  and  Appendices  thereto  in  accordance  with  the 
procedures in force in the Republic of Guinea and the European Community and necessary to 
their entry into force. 

In order to avoid interrupting fishing activities by Community vessels in Guinea's waters, and 
referring to the Agreement and the Protocol initialled on 20 December 2008 and setting out 
the  fishing  opportunities  and  financial  contribution  from  1  January  2009  to  31  December 
2012,  I  have  the  honour  to  inform  you  that  the  Government  of  the  Republic  of  Guinea  is 
willing to apply this Agreement and this Protocol provisionally from 1 January 2009 pending 
their  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 November 2009. 

I should be grateful if you would confirm the agreement of the European Community to such 
a provisional application. 

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

For the Government of the Republic of Guinea". 

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 European Community 

EN 

8 

   EN 

 
FISHERIES PARTNERSHIP AGREEMENT 

between the Republic of Guinea and the European Community  

THE REPUBLIC OF GUINEA, hereinafter referred to as "Guinea", 

and 

THE EUROPEAN COMMUNITY, hereinafter referred to as "the Community", 

hereinafter referred to as "the Parties", 

CONSIDERING  the  close  working  relationship  between  the  Community  and  Guinea, 
particularly in the context of the Cotonou Agreement, and their mutual desire to intensify that 
relationship, 

CONSIDERING  the  desire  of  the  two  Parties  to  promote  the  sustainable  exploitation  of 
fishery resources by means of cooperation, 

HAVING REGARD TO the United Nations Convention on the Law of the Sea, 

DETERMINED to apply the decisions and recommendations of the International Commission 
for the Conservation of Atlantic Tunas, hereinafter referred to as "ICCAT", 

AWARE  of  the  importance  of  the  principles  established  by  the  Code  of  Conduct  for 
Responsible Fisheries adopted at the FAO Conference in 1995, 

DETERMINED  to  cooperate,  in  their  mutual  interest,  in  promoting  the  introduction  of 
responsible  fisheries  to  ensure  the  long-term  conservation  and  sustainable  exploitation  of 
living marine resources, 

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, 

INTENDING, to these ends, to commence a dialogue on the sectoral fisheries policy adopted 
by  the  Government  of  Guinea  and  to  identify  the  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  Guinean  waters  and  Community  support  for  the  introduction  of 
responsible fishing in those waters, 

EN 

9 

   EN 

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

HEREBY AGREE AS FOLLOWS: 

Article 1 - Scope 

This Agreement establishes the principles, rules and procedures governing: 

–  economic, financial, technical and scientific cooperation in the fisheries sector with a view 
to  promoting  responsible  fishing  in  Guinea's  fishing  zones  to  guarantee  the  conservation 
and sustainable exploitation of fishery resources and develop Guinea's fisheries sector; 

–  the conditions governing access by Community fishing vessels to Guinea's fishing zones; 

–  cooperation  on  the  arrangements  for  policing  fisheries  in  Guinea's  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  fishery  resources  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: 

Article 2 – Definitions 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

"Guinean authorities" means the Ministry responsible for fisheries;  

"Community authorities" means the European Commission; 

"Guinea's  fishing  zone"  means  the  waters  over  which,  as  regards  fisheries, 
Guinea has 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 Guinean law; 

"fishing  vessel"  means  any  vessel  equipped  for  commercial  exploitation  of 
living aquatic resources; 

"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 as specified in Article 10 of this Agreement; 

"transhipment" means the transfer in or off the port of some or all of the catch 
from one fishing vessel to another vessel; 

EN 

10 

   EN 

 
(h) 

(i) 

(j) 

"unusual circumstances" means circumstances, other than natural phenomena, 
which are beyond the reasonable control of one of the Parties and are such as to 
prevent fishing activities in Guinean waters; 

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

"surveillance" means the Centre National de Surveillance et de Protection des 
Pêches (CNSP); 

(k) 

"Delegation" means the European Commission Delegation to Guinea; 

(l) 

"shipowner" means any person legally responsible for a fishing vessel; 

(m) 

"fishing  authorisation"  means  the  right  to  engage  in  fishing  activities  for  a 
specific  period,  in  a  specific  zone  or  specific  fishery  in  accordance  with  this 
Agreement.  

1. 

2. 

3. 

4. 

5. 

Article 3 – Principles and objectives underlying 
the implementation of this Agreement 

The  Parties  hereby  undertake  to  promote  responsible  fishing  in  Guinea's  fishing 
zones on the basis of the principles of non-discrimination between the different fleets 
fishing  in  those  waters,  without  prejudice  to  the  agreements  concluded  between 
developing  countries  within  a  geographical  region,  including  reciprocal  fisheries 
agreements. 

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

The  Parties  shall  also  cooperate  in  carrying  out  ex-ante,  ongoing  and  ex-post 
evaluations,  both  jointly  and  unilaterally,  of  measures,  programmes  and  actions 
implemented on the basis of this Agreement. 

The  Parties  hereby  undertake  to  ensure  that  this  Agreement  is  implemented  in 
accordance with the principles of good economic and social governance, taking care 
to  contribute  towards  the  creation  of  jobs  in  Guinea  and  respecting  the  state  of 
fishery resources. 

In particular, the employment of 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. 

EN 

11 

   EN 

 
1. 

2. 

3. 

1. 

2. 

3. 

4. 

1. 

2. 

Article 4 – Scientific cooperation 

During  the  period  covered  by  this  Agreement,  the  Community  and  Guinea  shall 
endeavour to monitor the evolution of resources in Guinea's fishing zone. 

The two Parties, on the basis of the recommendations and resolutions adopted within 
all  the  relevant  international  fisheries  development  and  management  organisations, 
and in the light of the best available scientific advice, shall consult each other within 
the  Joint  Committee  provided  for  in  Article 10  of  the  Agreement  and  adopt,  where 
appropriate after a scientific meeting and by mutual agreement, measures to ensure 
the  sustainable  management  of  fishery  resources  affecting  the  activities  of 
Community vessels. 

The  Parties  undertake  to  consult  one  other,  either  directly,  including  at  subregional 
level, or within the international organisations concerned, to ensure the management 
and  conservation  of  living  resources  in  the  Atlantic  Ocean,  and  to  cooperate  in  the 
relevant scientific research. 

Article 5 – Access by Community vessels  
to the fisheries in Guinean waters 

Guinea undertakes to authorise Community vessels to engage in fishing activities in 
its  fishing  zone  in  accordance  with  this  Agreement,  including  the  Protocol  and 
Annex thereto. 

The  fishing  activities  governed  by  this  Agreement  shall  be  subject  to  the  laws  and 
regulations in force in Guinea. The Guinean authorities shall notify the Community 
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  undertakes  to  take  all  the  appropriate  steps  required  for  the  effective 
application  of  the  fisheries  control  provisions  in  the  Protocol.  Community  vessels 
shall  cooperate  with  the  Guinean  authorities  responsible  for  carrying  out  such 
controls. 

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  has  jurisdiction,  in  accordance  with  the  United  Nations 
Convention on the Law of the Sea. 

Article 6 - Conditions governing fishing activities – exclusivity clause 

Community vessels may fish in Guinea's fishing zone only if they are in possession 
of  a  valid  fishing  authorisation  issued  by  Guinea  under  this  Agreement  and  the 
Protocol hereto. 

For  fishing  categories  not  covered  by  the  Protocol  in  force,  and  for  exploratory 
fishing,  the  Ministry  may  grant  fishing  authorisations  to  Community  vessels. 

EN 

12 

   EN 

 
3. 

1. 

2. 

3. 

However,  the  granting  of  these  authorisations  remains  dependent  on  a  favourable 
opinion from the two Parties. 

The  procedure  for  obtaining  a  fishing  authorisation  for  a  vessel,  the  charges 
applicable and the method of payment to be used by shipowners shall be as set out in 
the Annex to the Protocol. 

Article 7 – Financial contribution 

The  Community  shall  grant  Guinea  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) 

access by Community vessels to Guinea's waters and fishery resources, and  

(b)  Community financial support for introducing a national fisheries policy based 
on responsible fishing and on the sustainable exploitation of fishery resources 
in Guinean waters. 

The element of the financial contribution referred to in paragraph 1(b) above shall be 
determined  in  the  light  of  objectives  identified  by  mutual  agreement  between  the 
Parties in accordance with the Protocol, to be achieved in the context of the sectoral 
fisheries  policy  drawn  up  by  the  Government  of  Guinea  and  an  annual  and 
multiannual programme for its implementation. 

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) 

unusual circumstances;  

(b) 

(c) 

(d) 

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

(e) 

termination of this Agreement under Article 15; 

(f) 

suspension of the application of this Agreement under Article 14. 

EN 

13 

   EN 

 
Article 8 – Promoting cooperation among  
 economic operators and civil society  

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  undertake  to  promote  exchanges  of  information  on  fishing  techniques 
and gear, preservation methods and the 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  working  towards  establishing  an  environment  favourable  to  the 
development of business and investment. 

The Parties shall encourage, in particular, the setting-up of joint enterprises in their 
mutual  interest  which  shall  systematically  comply  with  Guinean  and  Community 
legislation. 

Article 9 – Administrative cooperation 

The  Contracting  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 Guinean 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.  

Article 10 – Joint Committee 

1. 

A  Joint  Committee  shall  be  set  up  to  monitor  and  check  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  contribution  of  the  Fisheries  Partnership 

Agreement to the implementation of Guinea's sectoral fisheries policy; 

(c) 

(d) 

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

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

EN 

14 

   EN 

 
(e) 

reassessing,  where  appropriate,  the  level  of  fishing  opportunities  and, 
consequently, of the financial contribution; 

(f) 

defining the conditions governing fishing in accordance with the Protocol; 

(g) 

(h) 

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

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

2. 

The Joint Committee shall meet at least once a year, alternately in Guinea 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 – Geographical area to which the Agreement applies 

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 and the waters under Guinean jurisdiction. 

Article 12 – Duration 

This  Agreement  shall  apply  for  four  years  from  the  date  of  its  entry  into  force;  it  shall  be 
tacitly renewed for four-year periods, unless notice of termination is given in accordance with 
Article 15. 

Article 13 – Settlement of disputes 

The Contracting Parties shall consult each other on any dispute concerning the interpretation 
and/or application of this Agreement. 

Article 14 - Suspension 

1. 

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. 

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. 

EN 

15 

   EN 

 
Article 15 – Termination 

1. 

2. 

3. 

4. 

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 
reduction  in  the  level  of  fishing  opportunities  granted  by  Guinea  to  Community 
vessels,  or  failure  to  comply  with  undertakings  made  by  the  Parties  with  regard  to 
combating illegal, undeclared 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 16 – Protocol and Annex 

The Protocol and the Annex shall form an integral part of this Agreement. 

Article 17 
National law 

The activities of Community fishing vessels operating in Guinean waters shall be governed by 
the applicable law in Guinea, unless otherwise provided for in the Agreement, this Protocol 
and the Annex and Appendices hereto. 

Article 18 – Repeal 

On  the  date  of  its  entry  into  force,  this  Agreement  repeals  and  replaces  the  Agreement 
between the European Economic Community and the Republic of Guinea on fishing off the 
coast of Guinea which entered into force on 28 March 1983. 

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  in  writing  that  they  have  completed  their  respective  necessary  internal 
procedures to that end. 

Protocol setting out the fishing opportunities and financial contribution provided for in 
the Agreement between the European Community and the Republic of Guinea on 
fishing off the coast of Guinea for the period from 1 January 2009 to 31 December 2012 

EN 

16 

   EN 

 
1. 

2. 

3. 

4. 

1. 

Article 1  
Period of application and fishing opportunities 

For  a  period  of  four  years  from  1  January  2009,  the  fishing  opportunities  granted 
under  Article 5  of  the  Agreement  shall  be,  for  highly  migratory  species  (species 
listed in Annex 1 to the 1982 United Nations Convention) as follows: 

•  freezer tuna seiners: 28 vessels; 

•  pole-and-line vessels: 12 vessels. 

From  the  second  year  of  application  of  this  Protocol  and  following  the  joint 
evaluation of the state of shrimp stocks and the management of Guinean fisheries in 
this  category,  fishing  opportunities  for  shrimp  trawlers,  at  a  rate  of  800 GRT  per 
quarter, may be granted on an annual basis on the following conditions: 

•  implementation of transparent management of access to the shrimp fishery and, in 
particular,  of  the  fishing  effort  deployed  by  national  and  foreign  fleets  on  this 
species. To this end, Guinea shall transmit annually, by 31 October of each year, a 
summary table of the fishing effort on this species in Guinean waters; 

•  implementation of a surveillance, monitoring and control plan in Guinean waters; 

•  scientific  analysis  of  the  state  of  the  resource  and  results  of  scientific  surveys, 
which shall be communicated annually at the same time as the information on the 
fishing effort. 

The  conditions  governing  fishing  for  this  category  shall  be  defined  by  mutual 
agreement each year prior to the issue of the fishing authorisations and in any event 
prior to the payment of the additional annual financial contribution in proportion to 
the increase in fishing opportunities provided for in Article 2 of this Protocol. 

Paragraphs 1 and 2 shall apply subject to Articles 4 and 5 of this Protocol. 

Vessels flying the flag of a Member State of the European Community may engage 
in fishing activities in Guinea's fishing zone only if they are in possession of a valid 
fishing  authorisation  issued  by  Guinea  under  this  Protocol  in  accordance  with  the 
Annex hereto. 

Article 2 
Financial contribution – Methods of payment 

The financial contribution referred to in Article 7 of the Agreement shall comprise, 
for  the  period  referred  to  in  Article 1(1),  an  annual  amount  of  EUR 325 000 
equivalent to a reference tonnage of 5 000 tonnes per year and a specific amount of 
EUR  125 000  per  year  for  the  support  and  implementation  of  Guinea's  sectoral 

EN 

17 

   EN 

 
fisheries  policy.  This  specific  amount  shall  form  an  integral  part  of  the  single 
financial contribution3 defined in Article 7 of the Agreement. 

If  additional  fishing  opportunities  are  granted,  in  accordance  with  Article  1(2),  the 
financial contribution referred to in Article 7 of the Agreement shall also comprise, 
for the period referred to in Article 1(2), an amount of up to EUR 300 000 per year in 
proportion to the increase in fishing opportunities. 

The  amounts  referred  to  above  shall  be  supplemented  by  a  specific  Community 
contribution of EUR 600 000 for the first year, EUR 400 000 for the second year and 
EUR 300 000  for  the  following  years  in  order  to  reinforce  the  monitoring,  control 
and  surveillance  system  in  Guinea's  fishing  zones  and  enable  Guinea  to  acquire  a 
satellite surveillance system by 30 June 2010. This contribution shall be managed in 
accordance with Article 7 of this Protocol. 

Paragraph 1 shall apply subject to Articles 4, 5, 6 and 7 of this Protocol. 

The Community shall pay the total amount fixed in paragraph 1 (i.e. EUR 1 050 000 
for  the  first  year  and,  where  appropriate,  EUR 1 150 000  for  the  second  year  and 
EUR 1 050 000 for the following years) each year during the period of application of 
this  Protocol4.  These  amounts  shall  not  prejudice  any  changes  in  fishing 
opportunities or any inclusion of new fishing opportunities which may be decided in 
accordance with Articles 4 and 5 of this Protocol. 

If  the  overall  quantity  of  catches  by  Community  vessels  in  Guinea's  fishing  zones 
exceeds the reference tonnage, the amount of the annual financial contribution shall 
be increased by EUR 65 for each additional tonne caught. However, the total annual 
amount paid by the Community may not be more than twice the amount indicated in 
paragraph 3  (i.e.  EUR 1 050 000  for  the  first  year  and,  where  appropriate, 
EUR 1 150 000  for  the  second  year  and  EUR 1 050 000  for  the  following  years). 
the  quantities 
Where 
corresponding  to  twice  the  total  annual  amount,  the  amount  due  for  the  quantity 
exceeding that limit shall be paid the following year.  

the  quantities  caught  by  Community  vessels  exceed 

Payment of the financial contribution laid down in paragraph 1 shall be made no later 
than 30 November 2009 in the first year and no later than 1 February in the following 
years. 

Subject to Article 6, the allocation of these funds, except for the specific contribution 
provided  for  in  the  third  subparagraph  of  Article  2(1)  of  this  Protocol,  shall  be 
decided within the framework of the Guinean Finance Act and, this being the case, 
the Guinean authorities shall have full discretion regarding the use to which it is put. 

The  contribution  referred  to  in  the  first  subparagraph  of  Article 1  shall  be  supplemented  by  the 
contributions  provided  for  in  Chapter  II  of  this  Annex,  which  are  paid  direct  to  Guinea  and  are 
estimated  at  EUR 118 000  per  year,  exclusive  of  charges  in  connection  with  the  surveillance  and 
research contribution. 
These  amounts  shall  be  supplemented  by  the  contributions  provided  for  in  Chapter  II  of  this  Annex, 
which are paid directly to Guinea and are estimated at EUR 118 000 per year, exclusive of charges in 
connection with the surveillance and research contribution. 

2. 

3. 

4. 

5. 

6. 

3 

4 

EN 

18 

   EN 

 
                                                 
 
7. 

1. 

2. 

3. 

4. 

1. 

2. 

3. 

The  payments  provided  for  in  this  Article  shall  be  paid  into  a  Public  Treasury 
account  opened  at  the  Banque  Centrale  de  la  République  de  Guinée,  the  details  of 
which shall be notified each year by the Ministry, except in the case of the specific 
contribution  provided  for  in  the  third  subparagraph  of  Article  2(1),  which  shall  be 
paid  directly  into  a  Centre  National  de  Surveillance  et  de  Protection  des  Pêches 
account,  and  the  first  year  following  the  adoption  by  the  two  Parties  of  the 
programming of these Funds. 

Article 3 
Cooperation on responsible fishing – Scientific cooperation  

The  Parties  hereby  undertake  to  promote  responsible  fishing  in  Guinean  waters  on 
the basis of the principles of non-discrimination between the different fleets fishing 
in those waters. 

During  the  period  covered  by  this  Protocol,  the  Community  and  the  Guinean 
authorities shall endeavour to monitor the evolution of resources in Guinea's fishing 
zone. 

The  Parties  undertake  to  promote  cooperation  at  subregional  level  on  responsible 
fishing and, in particular, within the International Commission for the Conservation 
of  Atlantic  Tunas  (ICCAT)  and  any  other  subregional  or  international  organisation 
concerned. 

In accordance with Article 4 of the Agreement and in the light of the best available 
scientific  advice,  the  Parties  shall  consult  each  other  within  the  Joint  Committee 
provided  for  in  Article  10  of  the  Agreement  and  adopt,  where  appropriate  after  a 
scientific meeting possibly at subregional level, and by mutual agreement, measures 
to ensure the sustainable management of fishery resources affecting the activities of 
Community vessels. Those measures shall take account of the recommendations and 
resolutions  adopted  within  the  International  Commission  for  the  Conservation  of 
Atlantic Tunas (ICCAT). 

Article 4 
Review of fishing opportunities by mutual agreement 

The  fishing  opportunities  referred  to  in  Article 1  may  be  increased  by  mutual 
agreement  provided  that  the  conclusions  of  the  scientific  meeting  referred  to  in 
Article 3(4)  of  this  Protocol  confirm  that  such  an  increase  will  not  endanger  the 
sustainable management of Guinea's resources. In this case the financial contribution 
referred to in Article 2(1) shall be increased proportionately and pro rata temporis. 

Conversely,  if  the  Parties  agree  to  adopt  a  reduction  in  the  fishing  opportunities 
provided for in Article 1, the financial contribution shall be reduced proportionately 
and pro rata temporis. 

The allocation of the fishing opportunities among different categories of vessels may 
also  be  reviewed,  following  consultations  and  by  mutual  agreement  between  the 
Parties,  provided  that  any  changes  comply  with  recommendations  made  by  the 
scientific  meeting  referred  to  in  Article 3(4)  of  this  Protocol  regarding  the 

EN 

19 

   EN 

 
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. 

Article 5 
Other fishing opportunities 

Should Community vessels be interested in fishing activities which are not indicated 
in Article 1, the Community shall consult  Guinea 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 joint exploratory fishing surveys in Guinea's fishing zones, 
subject  to  an  opinion  by  the  scientific  meeting  provided  for  in  Article  3(4)  of  this 
Protocol.  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. 

The  two  Parties  shall  carry  out  exploratory  fishing  activities  in  accordance  with 
scientific, administrative and financial parameters adopted by mutual agreement. The 
authorisations  for  exploratory  fishing  shall  be  granted  for  test  purposes,  for  a 
maximum  of  two  six-month  trips,  from  the  date  decided  by  mutual  agreement 
between the two Parties. 

Where  the  Parties  conclude  that  the  exploratory  surveys  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 4 of this Protocol and until the expiry 
of  the  Protocol  and  in  accordance  with  the  allowable  effort.  The  financial 
contribution shall be increased accordingly. 

Article 6 
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 Guinea's exclusive economic zone (EEZ), the European Community may 
suspend  payment  of  the  financial  contribution  provided  for  in  Article  2(1)  of  this 
Protocol. 

The  suspension  decision  in  the  cases  provided  for  in  paragraph 1  above  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  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. 

1. 

2. 

3. 

4. 

1. 

2. 

3. 

EN 

20 

   EN 

 
4. 

1. 

2. 

3. 

4. 

Where  the  validity  of  the  fishing  authorisations  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 7 
Promotion of responsible fishing in Guinean waters 

The  entire  amount  of  the  financial  contribution  and  specific  contribution  set  in 
Article 2(1)  of  this  Protocol  shall  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 and approved by the two Parties as detailed 
below.  

Guinea  shall  manage  the  corresponding  amount  following  the  identification  by 
mutual agreement between the two Parties, in accordance with the current priorities 
of Guinea's fisheries policy for ensuring sustainable and responsible management of 
the  sector,  of  the  objectives  to  be  attained  and  the  annual  and  multiannual 
programming required to attain them, pursuant to paragraph 2 below, in particular as 
regards control and surveillance, the management of resources, improving the health 
and hygiene conditions of fishery products and strengthening the inspection capacity 
of the competent authorities. 

On  a  proposal  from  Guinea  and  for  the  purposes  of  implementing  the  preceding 
paragraph, as soon as this Protocol enters into force and no later than three months 
after  that date, the Community and  Guinea  shall agree,  within  the Joint  Committee 
provided  for  in  Article 10  of  the  Agreement,  on  a  multiannual  sectoral  programme 
and detailed implementing rules covering, in particular:  

(a) 

annual  and  multiannual  guidelines  for  using  the  percentage  of  the  financial 
contribution  referred  to  in  paragraph 1  above  and  its  specific  amounts  for  the 
initiatives to be carried out each year; 

(b)  objectives,  both  annual  and  multiannual,  to  be  achieved  with  a  view  to 
promoting  over  the  long  term  responsible  fishing  and  sustainable  fisheries, 
taking  account  of  the  priorities  expressed  by  Guinea  in  its  national  fisheries 
policy and other policies relating to or having an impact on the promotion of 
responsible fishing and sustainable fisheries; 

(c) 

criteria and procedures for evaluating the results obtained each year. 

The  two  Parties  agree,  however,  to  place  particular  emphasis  on  all  the  support 
measures for fisheries monitoring, control and surveillance, including surveillance of 
Guinean  waters  by  sea  and  by  air,  setting  up  a  satellite-based  vessel  monitoring 
system (VMS) and improving the legal framework and its application in the event of 
infringements. 

Any  proposed  amendments  to  the  multiannual  sectoral  programme  or  to  the  use  of 
the specific amounts for the initiatives to be carried out each year must be approved 
by both Parties within the Joint Committee. 

EN 

21 

   EN 

 
5. 

6. 

7. 

1. 

2. 

3. 

4. 

Each year, Guinea shall allocate the share corresponding to the amounts referred to 
in paragraph 1 with a view to implementing the multiannual programme. For the first 
year of application of the Protocol, that allocation shall be notified to the Community 
as  soon  as  possible  and  in  any  event  before  the  multiannual  sectoral  programme  is 
approved  within  the  Joint  Committee.  For  each  year  thereafter,  Guinea  shall  notify 
the Community of the allocation no later than 31 January of the previous year. 

Where  the  joint  annual  evaluation  of  the  progress  made  in  implementing  the 
multiannual  sectoral  programme  so  warrants,  the  European  Community  may  adjust 
the  amount  earmarked  for  the  support  and  implementation  of  Guinea's  sectoral 
fisheries  policy  within  the  financial  contribution  referred  to  in  Article  2(1)  of  this 
Protocol  in  order  to  bring  the  actual  amount  of  financial  resources  allocated  to 
implementation of the programme into line with its results. 

The  Community  reserves  the  right  to  suspend  payment  of  the  specific  contribution 
provided for in the third subparagraph of Article 2(1) of this Protocol where, save in 
exceptional and duly justified circumstances, the results obtained from the first year 
of  application  of  the  Protocol  are  found  to  be  inconsistent  with  the  programming 
following the evaluation carried out within the Joint Committee. 

Article 8 
Disputes – suspension of application of the Protocol 

Any  dispute  between  the  Parties  over  the  interpretation  of  this  Protocol  or  its 
application shall be the subject of consultations between the Parties within the Joint 
Committee  provided  for  in  Article 10  of  the  Agreement,  in  a  special  meeting  if 
necessary. 

Without prejudice to Article 9, application of the Protocol may be suspended at the 
initiative of one Party if the dispute between the two Parties is deemed to be serious 
and  the  consultations  held  within  the  Joint  Committee  under  paragraph 1  have  not 
resulted in an amicable settlement. 

Suspension of application of the 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. 

Article 9 
Suspension of application of the Protocol on grounds of non-payment  

Subject to Article 6, if the Community fails to make the payments provided for in Article 2, 
application of this Protocol may be suspended on the following terms: 

EN 

22 

   EN 

 
(a) 

(b) 

the competent Guinean authorities shall notify the European Commission of the non-
payment.  The  latter  shall  perform  the  appropriate  checks  and,  where  necessary, 
transmit the payment within no more than 60 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 Article 2(5) of this Protocol, the competent Guinean authorities shall 
be  entitled  to  suspend  application  of  the  Protocol.  They  shall  inform  the  European 
Commission of such action forthwith; 

(c) 

application of the Protocol shall resume as soon as the payment concerned has been 
made. 

Article 10 
National law 

The activities of Community fishing vessels operating in Guinean waters shall be governed by 
the applicable law in Guinea, unless otherwise provided for in the Agreement, this Protocol 
and the Annex and Appendices hereto. 

Article 11 
Review clause 

1. 

2. 

3. 

In  the  event  of  significant  changes  in  the  policy  guidelines  which  led  to  the 
conclusion of this Protocol, either Party may request a review of the provisions with 
a view to a possible amendment thereof. 

The Party concerned shall notify the other Party in writing of its intention to launch a 
review of this Protocol. 

No  later  than  60  days  following  notification,  the  two  Parties  shall  enter  into 
consultations to this end. If no agreement is reached on the review of the provisions, 
the  Party  concerned  may  terminate  the  Protocol  in  accordance  with  Article  14 
thereof. 

Article 12 
Repeal 

This  Protocol  and  its  annexes  repeal  and  replace  the  current  fisheries  Protocol  and  the 
framework  Agreement  between  the  European  Economic  Community  and  Guinea  on  fishing 
off the Guinean coast. 

Article 13 
Duration 

This  Protocol  and  the  annexes  hereto  shall  apply  for  a  period  of  four  years  from 
1 January 2009, unless notice of termination is given in accordance with Article 14. 

EN 

23 

   EN 

 
Article 14 
Termination 

In the event of termination of the Protocol, the Party concerned shall notify the other Party in 
writing  of  its  intention  to  terminate  it  at  least  six  months  before  the  date  on  which  such 
termination  would  take  effect.  Dispatch  of  the  notification  referred  to  in  the  previous 
paragraph shall open consultations by the Parties. 

Article 15 
Entry into force 

1. 

2. 

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

They shall apply with effect from 1 January 2009. 

EN 

24 

   EN 

 
ANNEX 

CONDITIONS GOVERNING TUNA FISHING BY COMMUNITY VESSELS IN 
GUINEA'S FISHING ZONE 

Chapter I -  
Application and issue formalities for fishing authorisations 

1. 

2. 

3. 

4. 

5. 

6. 

7. 

Section 1 
Issue of fishing authorisations 

Only eligible vessels may obtain an authorisation to fish in Guinea's fishing zone. 

For a vessel to be eligible, the shipowner, the skipper and the vessel itself must not 
be  prohibited  from  fishing  in  Guinea.  They  must  be  in  order  vis-à-vis  the  Guinean 
authorities insofar as they must have fulfilled all prior obligations arising from their 
fishing  activities  in  Guinea  under  fisheries  agreements  concluded  with  the 
Community, particularly as regards signing on seamen. 

The  relevant  Community  authorities  shall  submit  (by  electronic  means)  to  the 
Ministry responsible for fisheries in Guinea an application for each vessel wishing to 
fish under the Agreement at least 30 working days before the date of commencement 
of the period of validity requested. 

Applications  shall  be  submitted  to  the  Ministry  responsible  for  fisheries  on  a  form 
drawn  up  in  accordance  with  the  specimen  in  Appendix I.  The  Guinean  authorities 
shall take all the necessary steps to ensure that the data received as part of the fishing 
authorisation  application  are  treated  as  confidential.  Those  data  shall  be  used 
exclusively in the context of the implementation of the Fisheries Agreement. 

All  fishing  authorisation  applications  shall  be  accompanied  by  the  following 
documents: 

- 

- 

proof  of  payment  of  the  flat-rate  advance  for  the  period  of  validity  of  the 
fishing authorisation; 

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  Guinean  authorities  in 
accordance with Article 2(7) of the Protocol. 

The fees shall include all national and local charges with the exception of the charge 
in  connection  with  the  fishing  surveillance  contribution,  the  charge  in  connection 
with  the  fisheries  research  contribution  and  service  charges.  The  surveillance  and 
research  charges  shall  be  applicable  in  proportion  to  actual  presence  in  Guinea's 
fishing zone and shall be paid by operators when the final statement of fees is drawn 
up in accordance with Section 2 of this Annex.  

EN 

25 

   EN 

 
At  the  request  of  Guinea,  and  pending  the  signature  of  a  VMS  Protocol  with  the 
Community,  the  latter  shall  provide  Guinea  with  satellite  data  on  the  periods  when 
vessels  were  present  in  the  Guinean  fishing  zone  with  a  view  to  calculating  the 
charges payable by shipowners under the surveillance contribution.  

Fishing  authorisations  for  all  vessels  shall  be  issued  to  shipowners  or  their 
representatives  via  the  European  Commission  Delegation  to  Guinea  within  15 
working  days  of  receipt  of  all  the  documents  referred  to  in  point 5  above  by  the 
Ministry responsible for fisheries in Guinea. 

Fishing authorisations shall be issued for a given vessel and shall not be transferable. 

However,  at  the  request  of  the  European  Community  and  where  force  majeure  is 
proven,  a  vessel's  fishing  authorisation  shall  be  replaced  by  a  new  fishing 
authorisation for another vessel of the same category as the first vessel, as referred to 
in Article 1 of the Protocol, with no further fee due. In this case, the calculation of 
the  catch  levels  to  determine  whether  an  additional  payment  should  be  made  shall 
take account of the sum of the total catches of the two vessels.  

The owner of the first vessel, or his or her representative, shall return the cancelled 
fishing  authorisation  to  the  Ministry  responsible  for  fisheries  in  Guinea  via  the 
European Commission Delegation. 

The new fishing authorisation shall take effect on the day that the shipowner returns 
the cancelled fishing authorisation to the Ministry responsible for fisheries in Guinea. 
The  Delegation  of  the  European  Commission  to  Guinea  shall  be  informed  of  the 
fishing authorisation transfer. 

The  fishing  authorisation  shall  be  kept  on  board  at  all  times.  The  European 
Community  shall  keep  an  up-to-date  draft  list  of  the  vessels  for  which  a  fishing 
authorisation  has  been  requested  under  this  Protocol.  This  draft  shall  be  notified  to 
the Guinean 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 
coastal  state  authorities  by  the  Commission,  the  vessel  shall  be  entered  by  the 
competent  Guinean  authority  on  a  list  of  vessels  authorised  to  fish,  which  shall  be 
notified  to  the  authorities  responsible  for  fisheries  control.  In  this  case,  a  certified 
copy  of  this  list  shall  be  sent  to  the  shipowner  and  kept  on  board  instead  of  the 
fishing authorisation until the authorisation has been issued. 

The two Parties shall seek agreement for the purposes of promoting the introduction 
of a fishing authorisation 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 fishing 
authorisation by an electronic equivalent such as the list of vessels authorised to fish 
in Guinea's fishing zone. 

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

8. 

9. 

10. 

11. 

12. 

13. 

14. 

15. 

EN 

26 

   EN 

 
1. 

2. 

3. 

4. 

5. 

6. 

7. 

8. 

Section 2 
Fishing authorisation conditions – fees and advance payments 

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

The fee per tonne caught within Guinea's fishing zone shall be EUR 35 in the case of 
tuna seiners and EUR 25 in the case of pole-and-line vessels. 

Fishing authorisations shall be issued once the following standard amounts have been 
paid to the competent national authorities: 

- 

- 

EUR 4 025 per tuna seiner, equivalent to the fees due for 115 tonnes per year; 

EUR 500 per pole-and-line vessel, equivalent to the fees due for 20 tonnes per 
year. 

Member  States  shall  inform  the  European  Commission  not  later  than  15  June  each 
year  of  the  tonnages  caught  during  the  past  year,  as  confirmed  by  the  scientific 
institutes referred to in point 5 below. 

The  final  statement  of  the  fees  due  for  year  n  shall  be  drawn  up  by  the  European 
Commission by 31 July of year n+1 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),  the  Instituto 
Português  de  Investigaçao  Maritima  (IPIMAR)  and  the  Centre  National  des 
Sciences Halieutiques de Boussoura (CNSHB). It shall be sent via the Delegation of 
the European Commission. 

This statement shall be sent simultaneously to the Ministry responsible for fisheries 
in Guinea and to the shipowners. 

Any  additional  payments  (for  quantities  caught  in  excess  of  115  tonnes  for  tuna 
seiners and 20 tonnes for pole-and-line vessels) shall be made by the shipowners to 
the  competent  Guinean  national  authorities  by  31  August  of  year  n+1,  into  the 
account referred to in point 6 of Section 1 of this Chapter, on the basis of EUR 35 per 
tonne for seiners and EUR 25 for pole-and-line vessels. 

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

Chapter II – Fishing zones 

Community vessels may carry out fishing activities in waters beyond 12 nautical miles from 
the base lines or, where appropriate, beyond the 20 m isobath in the case of tuna seiners and 
pole-and-line vessels. 

EN 

27 

   EN 

 
Chapter III – Catch reporting arrangements 

1. 

For  the  purposes  of  this  Annex,  the  duration  of  a  trip  by  a  Community  vessel  in 
Guinea's fishing zone shall be defined as follows: 

- 

- 

the period elapsing between entering and leaving Guinea's fishing zone, or 

the period elapsing between entering Guinea's fishing zone and a transhipment 
and/or landing in Guinea. 

2. 

All  vessels  authorised  to  fish  in  Guinean  waters  under  the  Agreement  shall  notify 
their catches to the Ministry responsible for fisheries in Guinea so that it can check 
the quantities caught, which shall be validated by the competent scientific institutes 
in accordance with the procedure referred to in point 5 of Section 2 of Chapter I of 
this Annex. Catches shall be notified as follows: 

2.1  During  an  annual  period  of  validity  of  the  fishing  authorisation  within  the 
meaning of Section 2 of Chapter I of this Annex, declarations shall include the 
catches  made  by  the  vessel  during  each  trip.  The  original  of  the  declarations 
shall  be  transmitted  on  a  physical  medium  to  the  Ministry  responsible  for 
fisheries  in  Guinea  within  45  days  following  the  end  of  the  last  trip  made 
during the period. These notifications shall also be made by fax (+224 30 41 36 
60) or e-mail (cnspkaly@yahoo.fr). 

2.2  Vessels shall declare their catches on the corresponding form in the logbook, in 
accordance  with  the  specimen  in  Appendix  3.  The  words  "Outside  Guinea's 
fishing zone" shall be entered in the logbook in respect of periods during which 
the vessel is not in Guinea's fishing zone. 

2.3  The forms shall be filled in legibly and signed by the skipper of the vessel or 

by his or her legal representative. 

2.4  Catch declarations shall be reliable in order to contribute to the monitoring of 

the evolution of stocks. 

Where  the  provisions  set  out  in  this  Chapter  are  not  complied  with,  the  Guinean 
Government reserves the right to suspend the fishing authorisation of the offending 
vessel  until  formalities  have  been  completed  and  to  apply  the  penalty  laid  down  in 
current Guinean legislation to the shipowner. The European Commission and the flag 
Member State shall be informed thereof. 

The two Parties shall seek agreement for the purposes of promoting a catch reporting 
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  written  declaration  (logbook)  by  an 
equivalent in the form of an electronic file. 

3. 

4. 

EN 

28 

   EN 

 
Chapter IV – Transhipment and landings 

The two Parties shall cooperate with a view to improving landing or transhipment options in 
the ports of the Republic of Guinea. 

1. 

Landings: 

Community  tuna  vessels  which  opt  to  land  their  catches  in  a  Guinean  port  shall 
benefit  from  a  reduction  of  EUR 5  per  tonne fished in Guinea's fishing zone in the 
fee indicated in point 2 of Section 2 of Chapter 1 of this Annex. 

An additional reduction of EUR 5 shall be granted where fisheries products are sold 
to a processing factory in Guinea. 

This mechanism shall apply, for all Community vessels, up to a maximum of 50% of 
the final statement of catches (as defined in Chapter III of the Annex) from the first 
year of this Protocol. 

Detailed rules on checks on the tonnages landed or transhipped shall be laid down at 
the first meeting of the Joint Committee. 

Evaluation: 

The  level  of  the  financial  incentives  and  the  maximum  percentage  of  the  final 
statement of catches shall be adjusted within the Joint Committee, in accordance with 
the socio-economic impact of landings in the year concerned. 

Chapter V – Embarking seamen 

Shipowners shall undertake to employ, for the tuna-fishing season in Guinea's fishing 
zone,  at  least  20%  of  seamen  of  ACP  origin,  giving  priority  to  Guinean  seamen. 
Where  those  provisions  are  not  complied  with,  the  shipowners  concerned  may  be 
considered by Guinea not to be eligible for a fishing authorisation under Section 1 of 
Chapter 1 of this Annex. 

Shipowners shall endeavour to take on board additional Guinean seamen. 

The International Labour Organisation (ILO) Declaration on Fundamental Principles 
and  Rights  at  Work  shall  apply  as  of  right  to  seamen  signed  on  by  Community 
vessels.  This  concerns  in  particular  the  freedom  of  association  and  the  effective 
recognition  of 
the  elimination  of 
discrimination in respect of employment and occupation. 

to  collective  bargaining,  and 

the  right 

The  employment  contracts  of  ACP  seamen  shall  be  drawn  up  between  the 
shipowners'  representative(s)  and 
trade  unions  or 
representatives;  a  copy  of  these  contracts  shall  be  given  to  the  signatories.  These 
contracts  shall  guarantee  the  seamen  the  social  security  cover  applicable  to  them, 
including life assurance and sickness and accident insurance.  

the  seamen  and/or 

their 

2. 

3. 

1. 

2. 

3. 

4. 

EN 

29 

   EN 

 
5. 

The wages of the ACP seamen shall be paid by the shipowners. They shall be fixed 
by mutual agreement between the shipowners or their representatives and the seamen 
and/or their trade unions or representatives. However, the wage conditions granted to 
ACP  seamen  shall  not  be  lower  than  those  applied  to  crews  from  their  respective 
countries and shall under no circumstances be below ILO standards. The guaranteed 
gross wage for non-Community seamen signed on freezer tuna seiners fishing under 
a  Fisheries  Partnership  Agreement  between  the  European  Community  and  a  third 
country shall be equal to the basic minimum wage laid down by the ILO resolution 
applicable  to  merchant  shipping  under  the  Maritime  Labour  Convention.  This 
guaranteed  wage  shall  be  incorporated  in  labour  contracts.  If,  however,  the 
Convention  concerning  Work  in  the  Fishing  Sector  lays  down  more  favourable 
provisions  on  the  minimum  wage  or  social  rights  than  the  Maritime  Labour 
Convention, the former shall apply. 

6. 

All seamen employed on board Community vessels shall report to the skipper 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. 

Chapter VI – Technical measures 

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

Chapter VII – Observers  

1. 

Vessels  authorised  to  fish  in  Guinean  waters  under  the  Agreement  shall  take  on 
board  observers  appointed  by  the  competent  regional  fisheries  organisation  on  the 
terms set out below: 

1.1  At  the  request  of  the  competent  authority,  Community  vessels  shall  take  on 
board an observer designated by the authority in order to check catches made 
in Guinean waters. 

1.2  The  competent  authority  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  competent  authority  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  fishing  authorisation  is  issued,  or  no  later  than 
15 days before the observer's planned embarkation date. 

2. 

The  time  spent  on  board  by  observers  shall  be  one  fishing  trip.  However,  at  the 
express  request  of  the  competent  Guinean  authorities,  this  embarkation  may  be 
spread  over  several  trips  according  to  the  average  duration  of  trip  for  a  particular 

EN 

30 

   EN 

 
3. 

4. 

5. 

6. 

7. 

8. 

9. 

10. 

vessel. This request shall be made by the competent authority when the name of the 
observer appointed to board the vessel in question is notified. 

The  conditions  under  which  observers  are  taken  on  board  shall  be  agreed  between 
shipowners or their representatives and the competent authority. 

Observers shall be taken on board at a port chosen by the shipowner at the beginning 
of the first trip in Guinean waters after notification of the list of designated vessels.  

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

Where observers are taken on board in a country outside the subregion, their travel 
costs shall be borne by the shipowner. Should a vessel with a regional observer on 
board  leave  the  regional  fishing  zone,  all  measures  shall  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  Guinean 
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 Guinean waters recorded in the logbook; 

8.6  verify  the  percentages  of  by-catches  and  estimate  the  quantity  of  discards  of 

species of marketable fish; 

8.7 

report by any appropriate means fishing data, including the quantity of catches 
and by-catches on board, to their competent authority. 

Skippers 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 skipper 
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. 

11. 

While on board, observers shall: 

EN 

31 

   EN 

 
12. 

13. 

14. 

15. 

1. 

2. 

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. 

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 authorities, with a copy 
to the European Commission. They shall sign it in the presence of the skipper, who 
may add or cause to be added to it any observations considered relevant, followed by 
the skipper's signature. A copy of the report shall be handed to the skipper when the 
scientific observer is put ashore. 

Shipowners shall bear the cost of accommodating observers in the same conditions 
as the officers, within the confines of the practical possibilities offered by the vessel. 

The  salary  and  social  contributions  of  observers  shall  be  paid  by  the  Ministry 
responsible for fisheries. Shipowners shall pay the Centre National de Surveillance 
et  de  Protection  des  Pêches  EUR 15  for  each  day  spent  by  an  observer  on  board  a 
vessel. 

The  two  Parties  shall  consult  each  other,  and  interested  third  parties,  as  soon  as 
possible as regards the definition of a system of regional observers and the choice of 
the  competent  regional  fisheries  organisation.  Pending  the  implementation  of  a 
system  of  regional  observers,  vessels  authorised  to  fish  in  Guinea's  fishing  zone 
under  the  Agreement  shall  take  on  board,  instead  of  regional  observers,  observers 
designated by the competent Guinean authorities in accordance with the rules set out 
above. 

Chapter VIII – Control 

In accordance with point 13 of Section 1 of Chapter I of this Annex, the European 
Community  shall  keep  an  up-to-date  draft  list  of  the  vessels  to  which  a  fishing 
authorisation  has  been  issued  under  this  Protocol.  This  list  shall  be  notified  to  the 
Guinean  authorities  responsible  for  fisheries  control  as  soon  as  it  is  drawn  up  and 
each time it is updated.  

On receipt of this draft list and of notification of payment of the advance (referred to 
in point 3 of Section 2 of Chapter I of this Annex) sent to the coastal state authorities 
by the European Commission, the vessel shall be entered by the competent Guinean 
authority on a list of vessels authorised to fish, which shall be sent to the authorities 
responsible  for  fisheries  control.  In  this  case,  a  certified  copy  of  this  list  may  be 
obtained by the shipowner and kept on board instead of the fishing authorisation until 
the authorisation has been issued. 

3. 

Entering and leaving the zone: 

3.1.  At least three hours in advance Community vessels shall notify the competent 
Guinean authorities responsible for fisheries control of their intention to enter 

EN 

32 

   EN 

 
or leave Guinea's fishing zone; they shall also declare the overall quantities and 
the species on board. 

3.2  When  notifying  leaving,  vessels  shall  also  communicate  their  position.  This 
information should preferably be communicated by fax (+224 30 41 36 60) or 
e-mail (cnspkaly@yahoo.fr) or, for vessels not equipped with a fax or e-mail, 
by radio (call sign of the Centre National de Surveillance et de Protection des 
Pêches). 

3.3  Vessels  found  to  be  fishing  without  having  informed  the  competent  Guinean 

authority shall be regarded as vessels in breach of the legislation. 

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

address when the fishing authorisation is issued. 

4. 

Control procedures 

4.1  Skippers  of  Community  fishing  vessels  engaged  in  fishing  activities  in 
Guinea's  waters  shall  allow  and  facilitate  boarding  and  the  discharge  of  their 
duties  by  any  Guinean  official  responsible  for  the  inspection  and  control  of 
fishing activities. 

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

discharge of their duties. 

4.3  Once  the  inspection  and  control  has  been  completed,  a  certificate  shall  be 

issued to the skipper of the vessel. 

5. 

Satellite control 

All Community vessels fishing under this Agreement shall be subject to satellite monitoring 
in  line  with  Appendix 2.  These  provisions  shall  enter  into  force  on  the  tenth  day  following 
notification by the Guinean Government to the European Community Delegation to Guinea of 
the entry into operation of the Guinea's Centre National de Surveillance des Pêches . 

6. 

Boarding 

6.1  The  competent  Guinean  authorities  shall  inform  the  flag  State  and  the 
European Commission, within no more than 36 hours, of all boardings of and 
penalties imposed on Community vessels in Guinean waters. 

6.2  The flag State and 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 Guinean authority has drawn up a statement, the skipper of 

the vessel shall sign it. 

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

EN 

33 

   EN 

 
sign this document, he or she shall specify the reasons for doing so in writing 
and the inspector shall write "refusal to sign" on it. 

7.3  The  skipper  shall  take  the  vessel  to  the  port  indicated  by  the  Guinean 
authorities.  In  the  case  of  minor  infringements,  the  competent  Guinean 
authorities may authorise the boarded vessel to continue fishing. 

8. 

Consultation meeting in the event of boarding 

8.1  Before  any  measures  regarding  the  skipper  or  the  crew  of  the  vessel  or  any 
action  regarding  the  cargo  and  equipment  of  the  vessel  are  considered,  other 
than  those  to  safeguard  evidence  relating  to  the  presumed  infringement,  a 
consultation meeting shall be held, within one working day of the receipt of the 
above  information,  between  the  European  Commission  and  the  competent 
Guinean authorities, 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 findings. 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  by  means  of  an  amicable  settlement.  This  procedure 
shall end no later than three 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 Guinean legislation. 

If the case cannot be resolved by means of an amicable settlement 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 paid by the shipowner into a 
bank account specified by the competent Guinean authorities. 

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  competent  Guinean 
authorities. 

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  above  has  been  lodged 
and accepted by the competent Guinean authorities, pending completion 
of the legal proceedings. 

EN 

34 

   EN 

 
10. 

Transhipments 

10.1  All Community vessels wishing to tranship catches in Guinean waters shall do 

so in or off Guinean ports. 

10.2  The  owners  of  such  vessels  shall  notify  the  following  information  to  the 

competent Guinean authorities at least 24 hours in advance: 

- 

- 

- 

- 

the names of the transhipping fishing vessels; 

the names, IMO numbers and flag of the cargo vessels, 

the tonnage by species to be transhipped; 

the day and place of transhipment. 

10.3.  Transhipment  shall  be  considered  as  an  exit  from  Guinea's  fishing  zone. 
Skippers  of  vessels  must  submit  their  catch  declarations  to  the  competent 
Guinean authorities and state whether they intend to continue fishing or leave 
Guinea's fishing zone. 

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

11. 

Skippers  of  Community  fishing  vessels  engaged  in  landing  or  transhipment 
operations in a Guinean port shall allow and facilitate the control of such operations 
by  Guinean  inspectors.  Once  the  inspection  has  been  completed  in  the  port,  a 
certificate shall be issued to the skipper of the vessel. 

APPENDICES 

1. 

2. 

3. 

Application form for a fishing authorisation. 

Provisions applicable to the satellite-based vessel monitoring system (VMS) and the 
coordinates of Guinea's fishing zone. 

ICCAT logbook. 

EN 

35 

   EN 

 
Appendix 1 

APPLICATION FORM FOR A FISHING LICENCE 

For official use only 

Comments 

Nationality:…………………………………………… 

……………………………………………………… 

Licence No: ………………………………….............. 

………………………………………………………. 

Date of signature: ……………………………………. 

……………………………………………………….. 

Date of issue: …………………………………………. 

……………………………………………………….. 

EN 

36 

   EN 

 
 
 
 
 
 
APPLICANT 

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

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

Name and first name of person responsible: ……………………………………………………………………….. 

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: …………………………… Breadth: ………………………… Depth:…………………………………… 

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

Type of construction materials: ……………………………………………………………………………………. 

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

Propeller: 

Fixed:  

Variable:  

Ducted:  

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

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

List of sounding, navigating and transmission instruments: 

Radar:  

VHF:  

Sonar:  

Net sounder:  

BLU:  

Satellite navigation:  

Other: ……………………… 

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

CONSERVATION 

EN 

37 

   EN 

 
Ice:  

Ice and refrigeration:  

Freezing: in brine:  

dry:  

in refrigerated sea water:  

Total refrigeration power: ………………………………………………………………………………………… 

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

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

TYPE OF FISHING 

A. Demersal 

Inshore demersal:  

Deep-sea demersal:  

  Type of trawl: 

cephalopod:  

shrimp:  

fish:  

  Length of trawl:………………………. 

Length of headline:………………………………………… 

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

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

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

B. Deep-sea pelagic (tuna) 

Pole and line:  

Number of poles and lines:  

Seine:  

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

  Number of tanks: …………………………… 

Capacity (tonnes): ……………………………………… 

C. Longlines and pots 

Surface:  

Bottom:  

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

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

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

SHORE INSTALLATIONS 

Address and authorisation No: ……………………………………………………………………………………. 

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

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

EN 

38 

   EN 

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

Domestic wholesale fish trade:  

export:  

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

Description of processing and conservation plant: 

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

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

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

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

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

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

NB: Indicate affirmative answers by a tick in the appropriate box. 

EN 

39 

   EN 

 
Technical remarks 

Authorisation of the Ministry responsible for fisheries  

EN 

40 

   EN 

 
Appendix 2 

The two Parties shall consult each other at a later stage within the Joint Committee to define 
the  provisions  applicable  to  the  satellite-based  vessel  monitoring  system  (VMS)  and  the 
coordinates of Guinea's fishing zone. 

EN 

41 

   EN 

 
Appendix 3 

ICCAT LOGBOOK FOR TUNA FISHERY 

Name of vessel: ………………………………………………………………….  Gross tonnage:…………………….................................................

Month  Day

Year 

Port 

Flag country:  ……………………………………………………........................... Capacity – (MT): ……………………………………………........

Registration No: …………………………………………………………………… Skipper: ………………………………………………………....

Shipowner: ……………………………………………………….......................... No of crew:. …………………........................…………………. 

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

(Reported by): ……….……………............................................... 

Vessel DEPARTED: 

Vessel 
RETURNED: 

No of days at sea: 

No of fishing days: 

No of sets made: 

Trip number: 

Longline 

Live bait 

Purse seine 

Trawl 

Outros (Others) 

Sector 

Date 

Fishing effort 

No of hooks 

used 

Surface 
water 

Capturas (Catches) 

Isco usado na pesca 

(Bait used) 

EN 

42 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Month  Day 

S
/
N
e
d
u
t
i
t
a
L

/

W
E
e
d
u
t
i
g
n
o
L

Bluefin tuna

Thunnus 

thynnus or 

maccoyi  

Yellowfin tuna
Thunnus 

(Bigeye tuna)
Thunnus 

albacares 

obesus 

(Albacore) 

(Swordfish) 

(Black marlin)

(Strip marlin) 

(Skipjack) 

White marlin 

(Sailfish) 

(Miscellaneous fish)

Daily total

y
r
u
a
S

d
i
u
q
S

t
i
a
b
e
v
i
L

(Other) 

Thunnus 

Xiphias 

alalunga 

gladius 

Tetraptunus 

audax or albidus 

Makaira 

indica 

Istiophorus albicans 
or platypterus 

Katsuwonus 

pelamis 

  No. 

fish  Wt. 

No. 
fish

Kg

kg 

No. 
fish

kg  No. 
fish

kg 

No. 
fish

kg 

No. fish

kg  No. fish

kg

No. fish

kg 

kg 

No. fish

kg 

No. 
fish

(weight in kg 
only) 

kg

No. 
fish

LANDING WEIGHT (IN KG) 

Notes 

1 – Use one sheet per month and one line per day. 

  3 – 'Day' refers to the day you set the line. 

5  -  The  last  line  (landing  weight)  should  be  completed  only  at  the  end  of  the  trip.  Actual 
weight at the time of unloading should be recorded. 

EN 

43 

EN 

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

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

6 - All information reported herein will be kept strictly confidential. 

EN 

44 

EN