Proposal for a COUNCIL REGULATION on the allocation of the fishing opportunities under the Protocol agreed between the European Union and the Republic of Guinea-Bissau setting out fishing opportunities and the financial contribution provided for in the Fisheries Partnership Agreement between the two parties currently in force
Date: 2011-10-04
Institutions: European Commission
Subjects: France, Greece, Guinea-Bissau, Italy, Portugal, Spain, catch area, catch quota, fishing agreement, fishing rights, protocol to an agreement, sea fish, ship's flag

EUROPEAN COMMISSION 

Brussels, 4.10.2011 
COM(2011) 602 final 

2011/0256 (NLE) 

Proposal for a 

COUNCIL REGULATION 

on the allocation of the fishing opportunities under the Protocol agreed between the 
European Union and the Republic of Guinea-Bissau setting out fishing opportunities 
and the financial contribution provided for in the Fisheries Partnership Agreement 
between the two parties currently in force 

 
 
  
 
EXPLANATORY MEMORANDUM 

On  the  basis  of  a  mandate  from  the  Council1,  the  European  Commission  has  conducted 
negotiations with the Republic of Guinea-Bissau with a view to renewing the Protocol to the 
Fisheries  Partnership  Agreement  between  the  European  Community  and  the  Republic  of 
Guinea-Bissau,  dated  17 March  2008.  Following  those  negotiations,  a  new  Protocol  was 
initialled on 15 June 2011 for a period of one year from 16 June 2011, the Protocol which was 
in force having expired on 15 June 2011. 

The new Protocol to the Partnership Agreement was forwarded to the Council for approval of 
the  signing  and  its  provisional  application.  It  was  also  forwarded  to  the  Council  and 
Parliament with a view to its conclusion. 

The Protocol provides for fishing opportunities in the following categories: 

–  4 400 GRT for shrimp freezer trawlers 

–  4 400 GRT for fin-fish/cephalopod freezer trawlers 

–  23 tuna seiners / surface longliners  

–  14 pole-and-line tuna vessels. 

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

The Commission proposes, on this basis, that the Council adopt this Regulation. 

1 

Adopted on 27 September 2010 by the Agriculture and Fisheries Council 

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2011/0256 (NLE) 

Proposal for a 

COUNCIL REGULATION 

on the allocation of the fishing opportunities under the Protocol agreed between the 
European Union and the Republic of Guinea-Bissau setting out fishing opportunities 
and the financial contribution provided for in the Fisheries Partnership Agreement 
between the two parties currently in force 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 43(3) thereof, 

Having regard to the proposal from the European Commission, 

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Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

On 17 March 2008 the Council adopted Council Regulation (EC) No 241/2008 on the 
conclusion  of  the  Fisheries  Partnership  Agreement  (hereinafter  referred  to  as  the 
'Partnership  Agreement')  between  the  European  Community  and  the  Republic  of 
Guinea-Bissau2. 

A  new  Protocol  to  the  Partnership  Agreement  was  initialled  on  15 June  2011 
(hereinafter  referred  to  as  the  'new  Protocol').  The  new  Protocol  grants  EU  vessels 
fishing  opportunities  in  waters  in  which  Guinea-Bissau  exercises  its  sovereignty  or 
jurisdiction as regards fishing. 

On  […]  the  Council  adopted  Decision  No …/2011/EU3  4  on  the  signature  and 
provisional application of the new Protocol. 

The method for allocating the fishing opportunities among the Member States should 
be defined for the period when the new Protocol applies. 

Article  10(1)  of  Council  Regulation  (EC)  No 1006/2008  of 29  September 2008 
concerning authorisations for fishing activities of Community fishing vessels outside 
Community  waters  and  the  access  of  third  country  vessels  to  Community  waters5 
provides that the Commission will inform the Member States concerned if it appears 
that the fishing opportunities allocated to the EU under the new Protocol are not fully 
utilised.  The  absence  of  a  reply  within  a  time  limit  to  be  set  by  the  Council  is 
considered as a confirmation that the vessels of the Member State concerned are not 
making full use of their fishing opportunities during the period concerned. This time 
limit should be set. 

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4 
5 

OJ L 75, 18.3.2008, p. 49. 
OJ C …* 
OJ: references of doc. 9791/11. 
OJ L 286, 29.10.2008, p. 33. 

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(6) 

Given that the Protocol which was in force expired on 15 June 2011, this Regulation 
must apply as from 16 June 2011, 

HAS ADOPTED THIS REGULATION: 

Article 1 

1. 

The  fishing  opportunities  fixed  under  the  Protocol  agreed  between  the  European 
Union  and  the  Republic  of  Guinea-Bissau  setting  out  fishing  opportunities  and  the 
financial  contribution  provided  for  in  the Fisheries  Partnership  Agreement  between 
the  two  parties  currently  in  force  (hereinafter  referred  to  as  the  'Protocol')  shall  be 
allocated between the Member States as follows: 

(a) shrimp fishing: 

Spain 

Italy 

Greece 

Portugal 

(b) fin-fish/cephalopods: 

Spain 

Italy 

Greece 

1 421  GRT 

1 776  GRT 

137  GRT 

1 066  GRT 

3 143  GRT 

786  GRT 

471  GRT 

(c) tuna seiners and surface longliners: 

Spain 

France 

Portugal 

(d) pole-and-line vessels: 

Spain 

France 

10  vessels.

9  vessels.

4  vessels.

10  vessels.

4  vessels.

2. 

3. 

Regulation  (EC)  No 1006/2008  shall  apply  without  prejudice  to  the  Fisheries 
Partnership  Agreement  between  the  European  Community  and  the  Republic  of 
Guinea-Bissau.  

If  applications  for  fishing  authorisations  from  the  Member  States  referred  to  in 
paragraph  1  do  not  cover  all  fishing  opportunities  set  by  the  Protocol,  the 

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Commission  shall  consider  applications  for  fishing  authorisations  from  any  other 
Member State pursuant to Article 10 of Regulation (EC) No 1006/2008. 

4. 

The time limit within which the Member States must confirm that they are not fully 
exhausting  the  fishing  opportunities  granted  to  them  under  the  Agreement,  as 
provided  by  Article  10(1)  of  Regulation  (EC)  No  1006/2008,  is  set  at  ten  working 
days  as  from  the  date  on  which  the  Commission  communicates  this  information  to 
them.  

Article 2 

This  Regulation  shall  enter  into  force  on  the  first  day  after  its  publication  in  the  Official 
Journal of the European Union. 

It shall apply with effect from 16 June 2011. 

This Regulation shall be binding in its entirety and directly applicable in all Member States. 

Done at Brussels,  

For the Council 
The President 

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