Proposal for a COUNCIL DECISION on the conclusion of 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: Guinea-Bissau, catch area, catch quota, fishing agreement, fishing controls, fishing permit, fishing rights, protocol to an agreement, sea fish, signature of an agreement

EUROPEAN COMMISSION 

Brussels, 4.10.2011 
COM(2011) 603 final 

2011/0257 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the conclusion of 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 negotiated 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. At the end of those negotiations, a new Protocol was initialled 
on 15 June 2011.  

The negotiations of the new Protocol were delayed by the consultations in 2011 between the 
European  Union  and  Guinea-Bissau  under  Article 96  of  the  Cotonou  Agreement.  As  very 
limited time remained for concluding a new Protocol before the previous Protocol expired, the 
two Parties decided to conclude a Protocol for one year to give themselves the time necessary 
to assess the prospect of a future protocol of a longer duration. 

The new Protocol covers a period of one year from 16 June 2011. It renews the terms of the 
previous  Protocol  and  contains  an  additional  clause  allowing  its  suspension  if  human  rights 
and democratic principles are not respected.  

This  procedure  is  being  initiated  in  parallel  with  the  procedures  relating  to  the  Council 
Decision  adopting  the  provisional  application  of  the  Protocol  itself,  as  well  as  with  the 
Council  Regulation  concerning  the  allocation  of  the  fishing  opportunities  between  the  EU 
Member States. 

The main aim of the Protocol to the Agreement is to retain the fishing opportunities for the 
vessels of the European Union within the limits of the available surplus. The Commission’s 
negotiating position was based in part on the results of an ex-post evaluation carried out by 
external  experts  and  on  the  opinion  of  the  Scientific  Committee  established  under  the 
Agreement.  

The general aim is to continue the cooperation between the European Union and the Republic 
of  Guinea-Bissau,  thereby  creating  a  partnership  framework  within  which  to  develop  a 
sustainable fisheries policy and sound exploitation of fishery resources in the Guinea-Bissau 
fishing zone, in the interests of both Parties.  

The  new  Protocol  is  in  keeping  with  the  two  Parties'  concern  to  strengthen  partnership  and 
cooperation in the fisheries sector using all the financial instruments available. To this end, it 
is recalled that there is a need to create a framework which is favourable to the development 
of investment. 

The overall financial contribution of the Protocol of EUR 7 500 000 over the whole period is 
based on: (a) a maximum of 27 authorisations for tuna vessels and 8 800 GRT for trawlers, 
for  a  financial  contribution  of  EUR 4 550 000  and  (b)  support  for  the  development  of  the 
sectoral fisheries policy of the Republic of Guinea-Bissau amounting to EUR 2 950 000. This 
support meets the objectives of the national fisheries policy. 

1 

Adopted on 27 September 2010 by the Agriculture and Fisheries Council  

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More particularly, the Protocol – like  its  predecessor –  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 Commission proposes, on this basis, that the Council, with the consent of the Parliament, 
adopt this new Protocol by Decision. 

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2011/0257 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the conclusion of 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(2) in conjunction with Article 218(6)(a) thereof, 

Having regard to the proposal from the European Commission, 

Having regard to the consent of the European Parliament1, 

1 

OJ C … 

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Whereas: 

(1) 

(2) 

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

The  European  Union  has  negotiated  with  the  Republic  of  Guinea-Bissau  a  new 
protocol  granting  European  Union  vessels  fishing  opportunities  in  waters  in  which 
Guinea-Bissau exercises its sovereignty or jurisdiction as regards fishing. 

(3) 

At the end of those negotiations, a new Protocol was initialled on 15 June 2011. 

(4) 

This new Protocol was signed on the basis of Council Decision No …/2011/EU3 4 and 
has been applied on a provisional basis since 16 June 2011. 

(5) 

The Protocol should be concluded, 

HAS ADOPTED THIS DECISION: 

2 
3 
4 

OJ L 75, 18.3.2008, p. 49. 
OJ C … 
OJ: document references 

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Article 1 

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 concluded between the European Union and the Republic of Guinea-
Bissau in force between the two parties is hereby approved on behalf of the European Union. 

Article 2 

The President of the Council shall, on behalf of the Union, give the notification provided for 
in Article 14 of the Protocol with a view to expressing the Union’s consent to be bound by the 
Protocol5. 

Article 3 

This  Decision  shall  take  effect  on  the  day  of  its  publication  in  the  Official  Journal  of  the 
European Union. 

Done at Brussels,  

For the Council 
The President   

5 

The date of entry into force of the Protocol will be published in the Official Journal of the European 
Union by the General Secretariat of the Council. 

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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  

Article 1 
Period of application and fishing opportunities 

1. 

For  a  period  of  one  year  from  16 June 2011,  the  fishing  opportunities  granted 
pursuant to Articles 5 and 6 of the Agreement shall be as follows: 

– 

crustaceans and demersal species: 

a) 

freezer shrimp trawlers: 4 400 GRT per year; 

b) 

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

– 

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

c) 

freezer tuna seiners and longliners: 23 vessels; 

d) 

pole-and-line tuna vessels: 14 vessels; 

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

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

Article 2 
Financial contribution and specific contribution – Methods of payment 

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

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

2. 

3. 

1. 

2. 

3. 

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

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4. 

5. 

6. 

7. 

8. 

1. 

2. 

3. 

The  EU  shall  pay  the  financial  contribution  fixed  in  paragraph  1  no  later  than 
15 March 2012. 

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

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

Without prejudice to Article 3 of this Protocol, the specific contribution referred to in 
paragraph 6 shall be paid no later than 15 March 2012. 

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

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

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

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

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

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

and, where necessary, 

b) 

support measures for  fisheries monitoring, control and surveillance, including 
surveillance  of  Guinea-Bissau  waters  by  sea  and  by  air,  setting  up  a  satellite 

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4. 

5. 

1. 

2. 

3. 

1. 

vessel  monitoring  system  (VMS)  and  improving  the  legal  framework  and  its 
application in the event of infringements.  

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

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

Article 4 
 Scientific cooperation 

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

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

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

Article 5 
 Review of fishing opportunities 

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

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2. 

3. 

4. 

1. 

2. 

3. 

4. 

5. 

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

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

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

Article 6 
New and exploratory fishing opportunities 

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

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

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

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

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

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

1. 

The European Union may suspend the payment of the financial contribution and the 
specific contribution provided for in Article 2 of this Protocol, if: 

(a) 

(a) unusual circumstances, other than natural phenomena, occur which prevent 
fishing activities in the exclusive economic zone (EEZ) of Guinea-Bissau;   

or 

(b) 

the European Union notes that there has been a violation in Guinea-Bissau of 
the  essential  and  fundamental  elements  of  human  rights  and  democratic 
principles as provided for in Article 9 of the Cotonou Agreement.  

The suspension decision shall be taken following consultations between the two Parties within 
a period of two months following the request of one of the Parties, and provided that 
the European Union has paid in full any amounts due at the time of suspension. 

2. 

3. 

1. 

2. 

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

The fishing authorisations granted to European vessels may be suspended at the same 
time as the suspension of the payment of the financial contribution under Article 2. If 
resumed,  the  validity  of  these  fishing  authorisations  shall  be  extended  for  a  period 
equal to the period of suspension of fishing activities. 

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

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

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

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3. 

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

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

1. 

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

(a) 

(b) 

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

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

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

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

The Ministry shall communicate this allocation to the European Union no later than 
four months after the entry into force of this Protocol. 

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

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

2. 

3. 

4. 

5. 

6. 

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

1. 

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

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2. 

3. 

4. 

5. 

6. 

1. 

2. 

3. 

4. 

5. 

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

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

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

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

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

Article 11 
Disputes – Suspension of application of the Protocol 

The application of this Protocol may be suspended at the initiative of one of the two 
Parties  after  consultation  within  the  Joint  Committee  if  one  of  the  two  Parties 
violates  one  of  the  essential  and  fundamental  elements  of  human  rights  and 
democratic principles as provided for in Article 9 of the Cotonou Agreement. 

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

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

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

In the event of suspension, the Parties shall continue to consult with a view to finding 
an amicable settlement to their dispute. Where such settlement is reached, application 
of  the  Protocol  shall  resume  and  the  amount  of  the  financial  contribution  shall  be 

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reduced proportionately and pro rata temporis to the period during which application 
of the Protocol was suspended. 

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

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

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

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

a) 

b) 

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

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

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

Article 14 
Entry into force 

1. 

2. 

3. 

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

They shall apply with effect from 16 June 2011. 

This  Protocol  and  its  Annexes  shall  apply  for  a  period  of  one  year  from  its 
provisional  application  onwards.  The  Parties  undertake  to  begin  negotiations  to 
conclude  a  new  Protocol  aimed  at  replacing  this  Protocol  on  its  expiry  as  soon  as 
possible. The Parties shall attempt to conclude these negotiations within nine months 
at most, that is, no later than 15 March 2012.  

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ANNEX I 

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

Chapter I - Application for and issue of licences 

Section 1 
 General provisions applicable to all vessels 

1. 

2. 

3. 

4. 

5. 

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

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

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

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

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

6. 

All licence applications shall be accompanied by the following documents: 

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

amount provided for in Chapter VII, point 13; 

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

the type of vessel concerned pursuant to this Protocol. 

7. 

8. 

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

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

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9. 

10. 

11. 

12. 

13. 

14. 

15. 

16. 

17. 

1. 

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

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

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

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

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

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

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

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

The  Parties,  acting  in  the  Joint  Committee,  undertake  to  replace  all  references  to 
GRT  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.  

Section 2 
 Special provisions applicable to tuna vessels and surface longliners 

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

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2. 

3 

4. 

5. 

6. 

7. 

8. 

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

Licences shall be valid for a period of one year. 

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

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

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

The statement shall be sent simultaneously to the Ministry and to the vessel owners.  

Any  additional  payments  shall  be  made  by  the  vessel  owners  to  the  competent 
Guinea-Bissau  national  authorities  by  31 July 2012  at  the  latest,  into  the  account 
referred to in point 7 of Section 1 of this Chapter.  

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

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Section 3 
Special provisions for trawlers  

1. 

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

2. 

3. 

4. 

5. 

6. 

7. 

8. 

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

vessel’s tonnage in GRT, and 

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

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

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

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

– 

– 

first period: 

from 16 June 2011 to 31 December 2011 

second period: From 1 January 2012 to 15 June 2012 

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

A  quarter  shall  consist  of  one  of  the  three-month  periods  beginning  1 January, 
1 April, 1 July or 1 October, except for the first and last period of the Protocol which 
shall run from 16 June 2011 to 30 September 2011 and from 1 April 2012 to 15 June 
2012 respectively. 

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

Licences must be kept on board at all times. 

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

Chapter II – Fishing zones 

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

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

1. 

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

– 

– 

– 

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

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

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

2. 

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

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

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

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

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

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

3. 

Where the provisions set out in this Chapter are not complied with, the Government 
of  Guinea-Bissau  reserves  the  right  to  suspend  the  licence  of  the  offending  vessel 
until  the  formalities  have  been  completed  and  to  apply  the  penalty  laid  down  in 

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current Guinea-Bissau legislation and, in the event of a recurrence, not to renew the 
licence. The European Commission shall be informed thereof. 

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

Chapter IV – By-catches 

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

Chapter V – Embarking seamen 

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

1. 

Each trawler owner shall undertake to employ: 

– 

– 

– 

– 

three fishermen on vessels of less than 250 GRT; 

four fishermen on vessels of 250 to 400 GRT; 

five fishermen on vessels of 400 to 650 GRT; 

six fishermen on vessels of more than 650 GRT. 

2. 

3. 

4. 

5. 

6. 

7. 

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

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

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

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

The employment contracts of Guinea-Bissau seamen, a copy of which shall be given 
to the signatories, shall be drawn up between the vessel owners’ representative(s) and 
the  seamen  and/or  their  trade  unions  or  representatives  in  consultation  with  the 
Ministry.  These  contracts  shall  guarantee  the  seamen  the  social  security  cover 
applicable to them, including life assurance and sickness and accident insurance.  

The  wages  of  the  Guinea-Bissau  seamen  shall  be  paid  by  the  vessel  owners.  They 
shall  be  fixed,  before  licences  are  issued,  by  mutual  agreement  between  the  vessel 

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owners or their agents and the competent authorities of Guinea-Bissau. However, the 
wage  conditions  granted  to  Guinea-Bissau  seamen  shall  not  be  lower  than  those 
applied to crews from Guinea-Bissau and shall under no circumstances be below ILO 
standards. 

8. 

9. 

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

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

10. 

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

Chapter VI – Technical measures 

1. 

2. 

3. 

4 . 

5. 

6. 

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

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

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

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

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

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

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Chapter VII – Observers on board trawlers 

1. 

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

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

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

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

1.3  The  Ministry  shall 

their 
representatives,  of  the  name  of  the  observer  appointed  to  be  taken  on  board 
their vessel at the time the licence is issued. 

the  vessel  owners  concerned,  or 

inform 

2. 

3. 

4. 

5. 

6. 

7. 

8. 

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

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

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

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

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

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

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

8.1  observe the fishing activities of the vessels; 

8.2  verify the position of vessels engaged in fishing operations; 

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8.3  perform biological sampling in the context of scientific programmes; 

8.4  note the fishing gear used; 

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

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

8.7 

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

9. 

10. 

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

Observers  shall  be  offered  every  facility  needed  to  carry  out  their  duties.  Masters 
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: 

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

presence on the vessel neither interrupt nor hamper fishing operations; 

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

documents belonging to the vessel. 

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

12. 

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

13. 

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

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

14. 

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

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Chapter VIII – Observers on board tuna vessels 

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

Chapter IX – Monitoring 

1. 

2. 

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

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

3. 

Technical inspection of trawlers 

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

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

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

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

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

4. 

Entering and leaving the zone: 

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

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

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

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

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

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

regarded as a vessel without a licence. 

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

address when the fishing licence is issued. 

5. 

Monitoring procedures 

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

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

discharge of their duties. 

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

issued to the master of the vessel. 

6. 

Boarding 

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

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

circumstances and reasons leading to the boarding. 

7. 

Statement of boarding 

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

master of the vessel shall sign it.  

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24 

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

he or she may make to the alleged infringement. 

7.3 

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

8. 

Information meeting in the event of boarding 

8.1  Before  any  measures  regarding  the  master  or  the  crew  of  the  vessel  or  any 
action  regarding  the  cargo  and  equipment  of  the  vessel  are  considered,  other 
than  those  to  safeguard  evidence  relating  to  the  presumed  infringement,  an 
information meeting shall be held at the request of the EU, within one working 
day of the receipt of the above information, between the European Commission 
and  the  Ministry,  possibly  attended  by  a  representative  of  the  Member  State 
concerned.  

8.2  At  the  meeting,  the  Parties  shall  exchange  any  relevant  documentation  or 
information  helping  to  clarify  the  circumstances  of  the  established  facts.  The 
vessel owner 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 four working days after the boarding. 

9.2 

9.3 

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

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

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

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

– 

– 

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

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

10.  Compliance with the rules  

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25 

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

11. 

Transhipment 

11.1  All EU vessels wishing to tranship catches in Guinea-Bissau waters shall do so 

within Guinea-Bissau ports. 

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

Ministry at least 24 hours in advance: 

– 

– 

– 

– 

the names of the transhipping fishing vessels, 

the names of the cargo vessels; 

the tonnage by species to be transhipped, 

the day of transhipment. 

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

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

12. 

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

Chapter X – Satellite monitoring of fishing vessels 

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

EN 

26 

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APPENDICES 

1 – Application form for a fishing licence 

2 – Statistics on catch and fishing effort  

3 – Tuna vessels fishing logbook  

EN 

27 

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Appendix 1 

APPLICATION FORM 

FOR A 

FISHING LICENCE 

For official use only 

Remarks 

Nationality: ………………………………….. 

……………………………………………….. 

Licence number: …………………………….. 

……………………………………………….. 

Date of signing: ……………………………... 

……………………………………………….. 

Date of issue: ……………………………….. 

………………………………………………... 

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28 

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APPLICANT 

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

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

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

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

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

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

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

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

Name and address of agent: .................................................................................................................................  

VESSEL 

Type of vessel: ........................................................... Registration No:...............................................................  

New name: ................................................................. Former name:...................................................................  

Date and place of construction:............................................................................................................................  

Original nationality: .............................................................................................................................................  

Length: ..............................................Width of vessel: ..................................... Depth:.......................................  

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

Type of building material:....................................................................................................................................  

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

Propeller: 

Fixed:  (cid:133) 

Variable:  (cid:133) 

Ducted:  (cid:133) 

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

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

List of sounding, navigation and transmission instruments: 

Radar:  (cid:133) 

Sonar:  (cid:133) 

Net sounder: 

(cid:133) 

VHF:  (cid:133) 

BLU:  (cid:133) 

Satellite navigation:  (cid:133) 

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

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

EN 

29 

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CONSERVATION 

Ice: 

(cid:133) 

Ice and refrigeration:  (cid:133) 

Freezing: in brine: 

(cid:133) 

dry:  (cid:133) 

in refrigerated sea water:  (cid:133) 

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

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

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

TYPE OF FISHING 

A. 

Demersal 

Inshore demersal: 

(cid:133) 

Deep-sea demersal: 

(cid:133) 

Type of trawl: 

cephalopod: 

(cid:133) 

shrimp: 

(cid:133) 

fin-fish: 

(cid:133) 

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

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

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

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

B. 

Deep-sea pelagic (tuna) 

Pole and line:  (cid:133) 

Seine: 

(cid:133) 

Number of poles and lines: 

(cid:133) 

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

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

C. 

Longlines and pots 

Surface: 

(cid:133) 

Bottom: 

(cid:133) 

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

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

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

EN 

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SHORE INSTALLATIONS 

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

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

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

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

Domestic wholesale fish trade: 

(cid:133) 

export:  (cid:133) 

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

Description of processing and conservation plant: 

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

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

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

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

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

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

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

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Technical remarks 

Authorisation of the State ministry 

EN 

32 

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FISHERIES MINISTRY 
Name of vessel: 
Nationality: 

Appendix 2 

STATISTICS ON CATCH AND EFFORT 

Engine power: 
Gross tonnage (t): 

Month: 
Fishing method: 
Port of landing: 

Year: 

Date 

Fishing zone 

Longitude 

Latitude 

Number of hauls

Number of 
hours fishing 

Species of fish 

Totals 

1/ 

2/ 

3/ 

4/ 

5/ 

6/ 

7/ 

8/ 

9/ 

10/ 

11/ 

12/ 

13/ 

14/ 

15/ 

16/ 

17/ 

18/ 

19/ 

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20/ 

21/ 

22/ 

23/ 

24/ 

25/ 

26/ 

27/ 

28/ 

29/ 

30/ 

TOTAL 

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Appendix 3 
TUNA VESSELS FISHING LOGBOOK 

  Month 

Day

Year 

Port 

Name of vessel:……………………………………………. 
Flag country:……………………………………………….. 
Registration No:…............................................................. 
Vessel 
owner:…………………………………………………. 
Address:………………………………………………………
………………………………………………………………. 

Gross tonnage:…..………………………………… 
Capacity (MT):…………………………………… 
Master: ………………………………………… 
crew: 
No 

………………..

of 

Reporting  date:  …………………………………

Reported by: …………………………………. 

Vessel 
departed: 
Vessel 
returned: 

No of days at 
sea: 

Fishing method 
  Longline 

Purse seine 
Trawl 
Other 

Trip 
number: 

No 

of 

fishing 

days:

…………….

……… 

No of sets made: 

.……………..

……………………………… 

Date 

Day/ 
Month 

o
N

t
e
S

Sector 

/

S
N
e
d
u
t
i
t
a
L

/

W
E
e
d
u
t
i
g
n
o
L

Surface 
water 
temp 
(°C) 

Fishin
g 
effort 
No of 
hooks 
used 

 Bluefin 
tuna 
Thunnus 
maccoyii 

Yellowfin 
tuna 
Thunnus 
albacares 

Bigeye tuna
Thunnus 
obesus 

Albacore 
Thunnus 
alalunga 

Swordfish 
Xiphias 
gladius 

Strip marlin
Tetrapturus
audax 

Black marlin 
Makaira 
indica 

Sailfish 
Istiophorus 
spp. 

(Skipjack) 
Katsuwonus 
pelamis 

Miscellaneo
us fish 

Catches 

Bait used 

Daily total 

y
r
u
a
S

d
i
u
q
S

t
i
a
b

e
v
i
L

r
e
h
t
O

  No.   kg  No

kg 

No

kg  No 

kg  No

kg  No

kg 

No 

kg  No

kg 

No 

kg  No

kg 

No 

kg 

Landing weight (in kg) 

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ANNEX II 

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

1. Fishing zone 

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

Standard otter trawls and other selective gear are authorised. 

Outriggers are authorised. 

2. Authorised gear 

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

70 mm 

3. Minimum authorised mesh 

4. Biological recovery 

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

In accordance with Guinea-Bissau law: 

5. By-catches 

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

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

Where these percentages exceed the authorised by-catches, penalties shall be imposed in accordance with Guinea-Bissau law. 
The two Parties shall consult within the Joint Committee to adjust the authorised rate if necessary. 

6. Authorised tonnage/fees 

Authorised tonnage (GRT) per year 

Fees in EUR per GRT per year 

4 400 

EUR 229 per GRT per year 

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

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

7. Comments 

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DATASHEET No 2 - FISHING CATEGORY 2:  
SHRIMP TRAWLERS 

1. Fishing zone 

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

Standard otter trawls and other selective gear are authorised. 

Outriggers are authorised. 

2. Authorised gear 

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

3. Minimum authorised mesh 

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

4. Biological recovery 

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

In accordance with Guinea-Bissau law: 

5. By-catches 

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

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

6. Authorised tonnage/fees 

Authorised tonnage (GRT) per year 

Fees in EUR per GRT per year 

4 400 

 EUR 307 per GRT per year 

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

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

7. Comments 

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

1. Fishing zone: 

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

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

2. Authorised gear and technical measures 

Poles and lines 
Purse seines with live bait: 16 mm 
Vessels  fishing  for  highly  migratory  species  shall  comply  with  the  measures  and  recommendations  adopted  by  the 
International  Commission  for  the  Conservation  of  Atlantic  Tunas  (ICCAT)  regarding  fishing  gear  and  the  technical 
specifications thereof and all other technical measures applicable to their fishing activities. 

3. By-catches:  

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

Fee per tonne caught 

Annual flat-rate fee: 

4. Authorised tonnage/fees 

EUR 25 per tonne 

EUR 500 per 20 tonnes 

Number of vessels authorised to fish 

14 

5. Comments 

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

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

1. Fishing zone: 

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

Seine and surface longline. 

2. Authorised gear and technical measures 

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

Recommended ICCAT standard. 

3. Minimum authorised mesh  

4. By-catches:  

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

Fee per tonne caught 

Annual flat-rate fee: 

Number of vessels authorised to fish  

5. Authorised tonnage/fees 

EUR 35 per tonne 

EUR 3 150 per 90 tonnes 

23 

6. Comments 

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

EN 

39 

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EN 

40 

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Annex III 

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

Strategic priorities and objectives  

Indicators 

1. 

Improvement of health and hygiene 
conditions  to  develop  the  fisheries 
sector 

Preparations to obtain export approval 

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

Competent authority in place 

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

Laboratory provided to carry out microbiological and chemical analyses 

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

Number of health inspectors trained 

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

Approval for export to the European Union obtained  

Number of industrial vessels brought up to standards 

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

1.1 
Modernisation  and  upgrading  health  and 
hygiene  of  the  industrial  fleet  and  the  small-scale 
fleet 

EN 

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Number of canoes equipped with iceboxes 

Increased number of unloading points  

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

1.2 
infrastructure 

Developing infrastructure, in particular port 

Refurbishment of Port of Bissau and extension of fishing port 

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

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

Wrecks removed from port 

1.3 
Promoting  fisheries  products  (health  and 
plant-health  conditions  of  the  products  landed  and 
processed) 

Inspection system for fishery products adapted and operational 

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

Analytical laboratory operational 

Number of sites developed for non-industrial landing and processing 

Promoting technical and commercial partnerships with private operators 
overseas 

Eco-labelling system launched for Guinea-Bissau products  

2. 

Improving  monitoring,  control 
and  surveillance  of  the  fishing 
zone 

EN 

42 

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Improved legal framework 

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

National  monitoring,  control  and  surveillance  plan  adopted  and 
implemented 

Strengthening  monitoring,  control  and 

2.1 
surveillance 

Body  of  sworn  independent  inspectors  operational  (number  of  people 
recruited and trained) and corresponding budgetary allocation entered in 
the finance act   

NNuummbbeerr   ooff   ddaayyss   ooff   ssuurrvveeiillllaannccee   aatt   sseeaa::   225500   ddaayyss//yyeeaarr   aatt   tthhee   eenndd   ooff   tthhee  
ppeerriioodd  ccoovveerreedd  bbyy  tthhee  PPrroottooccooll  

NNuummbbeerr  ooff  iinnssppeeccttiioonnss  iinn  ppoorrtt  aanndd  aatt  sseeaa  

NNuummbbeerr  ooff  aaeerriiaall  iinnssppeeccttiioonnss  

NNuummbbeerr  ooff  ssttaattiissttiiccaall  bbuulllleettiinnss  ppuubblliisshheedd  

RRaaddaarr  ccoovveerraaggee  rraattee  

RRaattee  ooff  VVMMSS  ccoovveerraaggee  ooff  tthhee  fflleeeett  aass  aa  wwhhoollee  

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

2.2  Monitoring boarding of vessels 

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

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

Improvement of system for collection of fines 

Publication of annual statistics on fines collected 

EN 

43 

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Setting up a blacklist of vessels penalised 

Drawing up of and annual publication of statistics on fines 

FISCAP annual report published 

3. 

Improving fisheries management 

Managing shrimp and cephalopod fishing effort 

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

No fishing opportunities shall be granted to chartering 

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

3.1  Modernisation  and  stepping  up  of 
fisheries research 

Strengthen CIPA research capacities  

3.2 

Improving information on fishery resources 

Annual trawling carried out 

Number of stocks evaluated 

Number of research programmes 

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

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

Instrument  to  manage  operational  fishing  effort  (setting  up  a  database, 
statistical  monitoring  instruments,  networking  the  services  responsible 

EN 

44 

   EN 

 
 
 
 
for fleet management, publication of statistical bulletins, etc ) 

3.3 

Controlled development of fisheries  

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

Improving the effectiveness of the technical 
3.4 
services  of 
the  Ministère  des  Pêches  et  de 
l’Economie Maritime (Ministry of Fisheries and the 
Marine  Economy)  and  the  services  involved  in 
managing the sector 

Adoption  and  implementation  of  development  plan  for  over-exploited 
resources 

Vessel register kept in EEZ, including small-scale fishing 

Number of development plans drawn up, implemented and evaluated 

Administrative capacities strengthened 

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

Mechanisms for coordination, consultation and cooperation with partners 
strengthened 

System  of  data  collection  and  statistical  monitoring  of  fisheries 
strengthened 

3.5  Developing the system for managing 
licences and monitoring vessels 

NNuummbbeerr  ooff  hhoouurrss  ooff  ttrraaiinniinngg  ffoorr  tteecchhnniicciiaannss  

Number of technicians trained 

Networking of services and statistics 

EN 

45 

   EN 

 
 
 
 
LEGISLATIVE FINANCIAL STATEMENT 

1. 

FRAMEWORK OF THE PROPOSAL/INITIATIVE 

1.1.  Title of the proposal/initiative 

1.2.  Policy area(s) concerned 

1.3.  Nature of the proposal/initiative 

1.4.  Objective(s) 

1.5.  Grounds for the proposal/initiative 

1.6.  Duration and financial impact 

1.7.  Management method(s) envisaged 

2. 

MANAGEMENT MEASURES 

2.1.  Monitoring and reporting rules 

2.2.  Management and control system 

2.3.  Measures to prevent fraud and irregularities 

3. 

ESTIMATED FINANCIAL IMPACT OF THE PROPOSAL/INITIATIVE 

3.1.  Heading(s) of the multiannual financial framework and expenditure budget line(s) 
affected 

3.2.  Estimated impact on expenditure 

3.2.1. Summary of estimated impact on expenditure 

3.2.2. Estimated impact on operational appropriations 

3.2.3. Estimated impact on appropriations of an administrative nature 

3.2.4. Compatibility with the current multiannual financial framework 

3.2.5. Third-party participation in financing 

3.3.  Estimated impact on revenue 

EN 

46 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
1. 

FRAMEWORK OF THE PROPOSAL/INITIATIVE 

1.1. 

Title of the proposal/initiative 

Proposal  for  a  Council  Decision  on  the  conclusion  of  a  new  Protocol  setting  out  the  fishing 
opportunities  and  financial  contribution  provided  for  in  the  Fisheries  Partnership  Agreement 
between the European Union and the Republic of Guinea-Bissau. 

1.2. 

Policy area(s) concerned in the ABM/ABB structure7 

11. - Maritime Affairs and Fisheries 

11.03 - International fisheries and law of the sea 

1.3. 

Nature of the proposal/initiative 

(cid:133) The proposal/initiative relates to a new action 

(cid:133) The proposal/initiative relates to a new action following a pilot project/preparatory action8 

X The proposal/initiative relates to the extension of an existing action 

(cid:133) The proposal/initiative relates to an action redirected towards a new action 

1.4. 

Objectives 

1.4.1.  The Commission's multiannual strategic objective(s) targeted by the proposal/initiative 

The negotiation and conclusion of fisheries agreements with third countries meets the general 
objective of maintaining and safeguarding the fishing activities of the European Union fleet, 
including the distant-water fleet, and developing relations in a spirit of partnership with a view 
to strengthening the sustainable exploitation of fishery resources outside EU waters. 

The  Fisheries  Partnership  Agreements  (FPAs)  also  ensure  coherence  between  the  principles 
governing  the  Common  Fisheries  Policy  and  the  commitments  made  under  other  European 
policies  (sustainable  use  of  third-country  resources,  combating  illegal,  unreported  and 
unregulated (IUU) fishing, integration of partner countries into the global economy and better 
political and financial governance of fisheries). 

1.4.2.  Specific objective(s) and ABM/ABB activity(ies) concerned 

Specific objective No 19 

7 
8 
9 

ABM: Activity Based Management – ABB: Activity Based Budgeting. 
As referred to in Article 49(6)(a) or (b) of the Financial Regulation. 
NB:  p.m.:  In  the  activity  statements  drawn  up  for  the  2010  budget,  this  is  specific  objective  No  2;  see  ref. 
http://www.cc.cec/budg/bud/proc/adopt/_doc/_pdf/2010/apb2010-working-documents-part1-11-mare.pdf 

EN 

47 

   EN 

 
                                                 
To  contribute  to  sustainable  fishing  in  non-EU  waters,  maintain  a  European  presence  in 
distant-water  fisheries  and  protect  the  interests  of  the  European  fisheries  sector  and  of 
consumers  by  negotiating  and  concluding  FPAs  with  coastal  states,  in  line  with  other 
European policies. 

ABM/ABB activities concerned 

Maritime affairs and fisheries, international fisheries and law of the sea, international fisheries 
agreements (budget line 11.0301) 

1.4.3.  Expected result(s) and impact(s) 

Specify  the  effects  which  the  proposal/initiative  should  have  on  the  beneficiaries/groups 
targeted. 

The  conclusion  of  the  Protocol  contributes  to  maintaining  the  previous  level  of  fishing 
opportunities for European vessels in the Guinea-Bissau fishing zones. 

The Protocol will also contribute to better management and conservation of fishery resources, 
through  financial  support  (sectoral  support)  for  the  implementation  of  the  programmes 
adopted at national level by the partner country. 

1.4.4. 

Indicators of results and impact 

Rate of utilisation of fishing opportunities (uptake of fishing authorisations as a percentage of 
availability under the Protocol); 

gathering and analysing data on catches and the commercial value of the Agreement; 

Contribution to employment and to added value in the EU and to stabilising the EU market (in 
aggregate with other FPAs); 

number of technical meetings and Joint Committee meetings. 

1.5. 

Grounds for the proposal/initiative 

1.5.1.  Requirement(s) to be met in the short or long term 

The  Protocol  for  the  period  2007-11  expired  on 15 June  2011.  The  new  Protocol  covers  the 
period from 16 June 2011 to 15 June 2012. A procedure for the adoption by the Council of a 
Decision  regarding  the  provisional  implementation  of  the  Protocol  has  been  launched  in 
parallel with this procedure. 

The new Protocol will provide a framework for the fishing activities of the European fleet and 
will,  in  particular,  allow  vessel  owners  to  continue  to  obtain  fishing  authorisations  in  the 
fishing  zones  of  Guinea-Bissau  from  16 June  2011.  In  addition,  the  new  Protocol  enhances 
cooperation  between  the  European  Union  and  Guinea-Bissau,  with  a  view  to  promoting  the 
development of a sustainable fishing policy. 

EN 

48 

   EN 

 
1.5.2.  Added value of EU involvement 

As  regards  this  new  Protocol,  failure  to  act  by  the  EU  would  allow  private  agreements  to 
spring  up  which  would  not  guarantee  sustainable  fisheries.  The  European  Union  also  hopes 
that with this Protocol, Guinea-Bissau will continue to cooperate effectively with the EU on 
sustainable fishing. 

The funds available under the Protocol will also allow Guinea-Bissau to continue its strategic 
planning efforts for the implementation of its fisheries policies. 

1.5.3.  Lessons learned from similar experiences in the past 

The  Parties  have  decided  to  adopt  a  Protocol  for  one  year  in  the  course  of  which  they  will 
assess the prospect of a future protocol of a longer duration. Thus there was no modification of 
the  fishing  opportunities,  as  the  scientific  advice  had  not  suggested  any  such  modification. 
Consequently,  the  financial  contribution  is  also  maintained  at  the  same  level  as  that  of  the 
previous Protocol.  

1.5.4.  Coherence and possible synergy with other financial instruments 

Funds  paid  out  under  FPAs  constitute  fungible  revenue  in  the  budgets  of  the  third-country 
partners.  However,  allocating some  of those funds for implementing measures as part of the 
country’s  sectoral  policy  is  a  condition  for  the  conclusion  and  monitoring  of  FPAs.  These 
financial  resources  are  compatible  with  other  sources  of  funding  from  other  international 
donors for carrying out projects and/or programmes at national level in the fisheries sector. 

EN 

49 

   EN 

 
1.6. 

Duration and financial impact 

X 

X 

X 

Proposal/initiative of limited duration 

Proposal/initiative in effect from 16 June 2011 until 15 June 2012. 

Financial impact from 2011 to 2012 

(cid:133) Proposal/initiative of unlimited duration 

–  Implementation with a start-up period from [YYYY] to [YYYY], 

–  Followed by full-scale operation. 

1.7.  Management method(s) envisaged10 

X Centralised direct management by the Commission 

(cid:133) Centralised indirect management with the delegation of implementation tasks to: 

–  (cid:133)  executive agencies 

–  (cid:133)  bodies set up by the Communities11 

–  (cid:133)  national public-sector bodies/bodies with public-service mission 

–  (cid:133)  persons entrusted with the implementation of specific actions pursuant to Title V of the 
Treaty  on  European  Union  and  identified  in  the  relevant  basic  act  within  the  meaning  of 
Article 49 of the Financial Regulation 

(cid:133) shared management with the Member States 

(cid:133) decentralised management with third countries 

(cid:133) joint management with international organisations (please specify) 

If  more  than  one  management  mode  is  indicated,  please  provide  details  in  the  'Comments' 
section. 

Comments 

[…] 

10 

11 

Details  of  management  modes  and  references  to  the  Financial  Regulation  may  be  found  on  the  BudgWeb  site: 
http://www.cc.cec/budg/man/budgmanag/budgmanag_en.html  
As referred to in Article 185 of the Financial Regulation. 

EN 

50 

   EN 

 
                                                 
2. 

MANAGEMENT MEASURES 

2.1.  Monitoring and reporting rules 

Specify the frequency and conditions of these measures. 

The Commission (DG MARE, in collaboration with its fisheries counsellor in Dakar and the 
European Union’s Delegation to Bissau) will ensure regular monitoring of the implementation 
of this Protocol, particularly as regards operators’ use of fishing opportunities and in terms of 
catch data.  

Furthermore, the Fisheries Partnership Agreement provides for at least one annual meeting of 
the  Joint  Committee,  at  which  the  Commission  and  the  third  country  review  the 
implementation  of  the  Agreement  and  the  Protocol  thereto  and,  if  necessary,  adjust  the 
programming and, where applicable, the financial contribution. 

2.2.  Management and control system 

2.2.1.  Risk(s) identified 

There  is  some  risk  in  setting  up  a  fisheries  protocol,  for  example:  the  amounts  intended  to 
finance the sectoral fisheries policy might not be allocated as agreed (under-programming).  

2.2.2.  Control method(s) envisaged 

To avoid these risks, extensive dialogue is planned on the programming and implementation 
of  the  sectoral  policy.  Joint  analysis  of  progress,  as  referred  to  in  paragraph  2.1,  also  forms 
part of these control methods. 

In addition, the Protocol contains specific clauses for its suspension, on certain conditions and 
in given circumstances. 

2.3.  Measures to prevent fraud and irregularities 

Specify existing or envisaged prevention and protection measures. 

The Commission undertakes to try to establish permanent political dialogue and cooperation 
with  a  view  to  improving  the  management  of  the  Agreement  and  strengthening  the  EU’s 
contribution to the sustainable management of resources. In any case, any payment which the 
Commission makes under a fisheries agreement is subject to the Commission's standard rules 
and budgetary and financial procedures. This makes it possible, in particular, to fully identify 
the bank accounts of the third countries into which the financial contribution is paid. For this 
particular  Protocol,  Article  2(8)  stipulates  that  the  entire  financial  contribution  must  be  paid 
into a Public Treasury account opened with a financial institution specified by the authorities 
of Guinea-Bissau. 

EN 

51 

   EN 

 
3. 

ESTIMATED FINANCIAL IMPACT OF THE PROPOSAL/INITIATIVE 

3.1. 

Heading(s) of the multiannual financial framework and expenditure budget line(s) affected 

•  Existing expenditure budget lines 

In order of multiannual financial framework headings and budget lines. 

Budget line 

of
Type 
expenditure 

Participation 

Heading  of 
multiannual 
financial 
framework 

Number  
[Description…..…………………
………………] 

DA/NDA12 

from 
EFTA 
countries
13 

from 
candidate 
countries
14 

from 
third 
countries 

the 
of 

within 
meaning 
Article 
18(1)(aa)  of 
the  Financial 
Regulation 

11.0301 

2 

International fisheries agreements 

•  New budget lines requested  

(not applicable) 

DA 

None 

None 

None 

None 

In order of multiannual financial framework headings and budget lines. 

Budget line 

of
Type 
expenditure 

Participation 

Heading  of 
multiannual 
financial 
framework 

Number  
[Description…..…………………
………………] 

DA/NDA 

from 
EFTA 
countries 

from 
candidate 
countries 

from 
third 
countries 

the 
of 

within 
meaning 
Article 
18(1)(aa)  of 
the  Financial 
Regulation 

[XX.YY.YY.YY] 

[…] 

[…] 

[…] 

YES/NO  YES/NO  YES/NO  YES/NO 

12 
13 
14 

DA= Differentiated appropriations / NDA= Non-differentiated appropriations. 
EFTA: European Free Trade Association. 
Candidate countries and, where applicable, potential candidate countries from the Western Balkans. 

EN 

52 

   EN 

 
 
 
 
                                                 
3.2. 

Estimated impact on expenditure 

3.2.1.  Summary of estimated impact on expenditure 

Heading of multiannual financial framework:  

2 

Preservation and management of natural resources 

EUR million (to four decimal places) 

DG: MARE 

(cid:121) Operating appropriations 

Number of budget line: 11.0301 

Number of budget line:  

Year 
N15 
(2011) 

Year 
N+1 
(2012) 

Year 
N+2 
(2013) 

Year 
N+3 

7.5 

7.516 

Commitments 

Payments 

Commitments 

Payments 

(1) 

(2) 

(1a) 

(2a) 

order 

insert as many columns as necessary 
reflect 
in 
the duration of the impact (see point 
1.6) 

to 

Appropriations 

(cid:121) 
 from the envelope of specific operational programmes17 

an 

of 

administrative 

nature 

financed

(3) 

Number of budget line:  

TOTAL 
for DG MARE 

appropriations 

Commitments 

=1+1a 
+3 

7.5 

TOTAL 

7.5 

7.5 

7.5 

15 
16 
17 

EN 

Year N is the year in which implementation of the proposal/initiative starts.  
As the payment cannot be made before approval by the European Parliament, it is possible that it may not be made until 2012. 
Technical and/or administrative assistance and expenditure in support of the implementation of EU programmes and/or actions (former ‘BA’ lines), indirect research, direct 
research. 

53 

E

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
(cid:121) TOTAL operational appropriations18 

Payments 

=2+2a 

+3 

7.515 

Commitments 

Payments 

(4) 

(5) 

7.,5 

7.515 

(cid:121)  TOTAL 
appropriations 
an 
 from the envelope of specific programmes 

of 

administrative 

nature 

financed

(6) 

0 

0 

0 

TOTAL 
under HEADING 2 

appropriations 

Commitments 

=4+ 6 

7.5 

of the multiannual financial framework 

Payments 

=5+ 6 

7.515 

If more than one heading is affected by the proposal / initiative: (not applicable) 

(cid:121) TOTAL operational appropriations 

Commitments 

Payments 

(cid:121)  TOTAL  appropriations  of  an  administrative  nature 
financed from the envelope of specific programmes 

TOTAL 
under 
of 
the 
(Reference amount) 

HEADINGS 
multiannual 

1 
financial 

appropriations  
to 
4 
framework  

Commitments 

Payments 

(4) 

(5) 

(6) 

=4+ 6 

=5+ 6 

7.5 

7.5 

7.5 

7.5 

7.5 

18 

The  financial  contribution  comprises:  a)  EUR 4 550 000  for  access  rights  to  the  fishing  zones  of  Guinea-Bissau,  and  b)  support  amounting  to  EUR 2 950 000  for  the 
development of the sectoral fisheries policy of the Republic of Guinea-Bissau.  

EN 

54 

E

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
Heading of multiannual financial framework:  

5 

‘Administrative expenditure’ 

EUR million (to three decimal places) 

DG: MARE 

(cid:121) Human Resources 

(cid:121) Other administrative expenditure20 

TOTAL DG MARE 

Appropriations 

Year 
N (2011) 

Year 
N+1 
(2012) 

Year 
N+2 
(2013) 

Year 
N+319 
(2014) 

0.0699 

0.0699 

0.010 

0.010 

TOTAL 
under 
of the multiannual financial framework 

HEADING 

appropriations 
5 

(Total  commitments  =  Total 
payments) 

0,0799 

0,0799 

EUR million (to three decimal places) 

Year 
N21 

Year 
N+1 

Year 
N+2 

Year 
N+3 

order 

insert as many columns as necessary 
reflect
in 
the duration of the impact (see point 
1.6) 

to 

insert as many columns as necessary 
in 
reflect
the duration of the impact (see point 

order 

to 

TOTAL 

0.1398 

0.020 

0,1598 

TOTAL 

19 

20 
21 

Administrative expenses are spread over two budget years, given that the protocol covers the period June 2011-June 2012. Human resources expenditure is calculated on a 
pro rata basis for each year. 
Estimated costs for on-the-spot monitoring missions. 
Year N is the year in which implementation of the proposal/initiative starts. 

EN 

55 

E

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
TOTAL 
under 
HEADINGS 
of the multiannual financial framework 

1 

appropriations  
5 

to 

Commitments 

Payments 

7.5799 

0.0799 

7.6598 

1.6) 

EN 

56 

E

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
3.2.2.  Estimated impact on operational appropriations 

–  (cid:133)  The proposal/initiative does not require the use of operational appropriations 

–  X  The proposal/initiative requires the use of operational appropriations, as explained below: 

Commitments (in EUR million to four decimal places) 

Indicate 

objectives 
outputs 

and 

OUTPUTS 

Year 
N (2011) 

Year 
N+1 (2012) 

Year 
N+2 (2013) 

Year 
N+3 

…  enter  as  many  years  as  necessary  to  show  the 
duration of the impact (see point 1.6) 

TOTAL 

Average 
cost 

No 

Total 
cost 

No 

Total 
cost 

No 

Total 
cost 

No 

Total 
cost 

No 

Total 
cost 

No  Total 
cost 

No 

Total 
cost 

Total 
no 

Total cost 

(cid:216) 

OBJECTIVE NO 123 

Tuna 
licences 

vessel 

Type 
22 

Ref. 
tonna
ge 

65 €/t  

2 350 

0.152750 

Trawler licences 

Sectoral support 

499 6875/ 
GRT 

8 800 

4.397250 

2.950 

1 

2.950 

0.152750 

4.397250 

2.950 

22 
23 

Outputs are products and services to be supplied (e.g.: number of student exchanges financed, number of km of roads built, etc.). 
As described in Section 1.4.2. ‘Specific objective(s)’. 

EN 

57 

E

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
Sub-total for specific objective No 1 

7.5 

OBJECTIVE NO 2 ... 

- Achievement 

Sub-total for specific objective No 2 

TOTAL COST 

7,5 

7.5 

7.5 

EN 

58 

E

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
3.2.3.  Estimated impact on appropriations of an administrative nature 

3.2.3.1.  Summary 

–  (cid:133)  The proposal/initiative does not require the use of administrative appropriations 

–  X  The  proposal/initiative  requires  the  use  of  administrative  appropriations,  as  explained 

below: 

EUR million (to three decimal places) 

Year 
N 24 (2011) 

Year 
N+1 (2012) 

Year 
N+2 (2013) 

Year 
N+3 

insert  as  many  columns  as  necessary  in  order 
to 
reflect 
the duration of the impact (see point 1.6) 

TOTAL 

HEADING 
of 
the 
financial framework 

5 
multiannual 

Human Resources 

0.0699 

0.0699 

Other 
expenditure 

administrative 

0.010 

0.010 

Subtotal  HEADING 
of 
the 
financial framework 

5 
multiannual 

0.0799 

0.0799 

Outside  HEADING 525  of 
the  multiannual  financial 
framework 

Human Resources 

0.016 

0.016 

Other 
expenditure 

administrative 

0.006 

0.006 

Subtotal  
outside  HEADING 
of 
the 
financial framework 

5 
multiannual 

0.022 

0.022 

0.1398 

0.020 

0.1598 

0.032 

0.012 

0.044 

24 
25 

Year N is the year in which implementation of the proposal/initiative starts. 
Technical  and/or  administrative  assistance  and  expenditure  in  support  of the  implementation  of  EU  programmes 
and/or actions (former ‘BA’ lines), indirect research, direct research. 

EN 

59 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
TOTAL 

0.1019 

0.1019 

0.2038 

EN 

60 

   EN 

 
 
 
 
 
 
3.2.3.2.  Estimated requirements of human resources 

–  (cid:133)  The proposal/initiative does not require the use of human resources 

–  X  The proposal/initiative requires the use of human resources, as explained below: 

Estimate to be expressed in full amounts (or at most to one decimal place) 

Year
N 
(201
1) 

Year 
N+1 
(2012) 

Year 
N+2 
(2013) 

Year 
N+3 
(2014) 

Year 
N+3 
Enter  as  many  years  as 
necessary  to  show  the 
duration  of  the  impact 
(see point 1.6) 

(cid:121) Establishment plan posts (officials and temporary agents) 

XX  01  01  01  (Headquarters  and 
Commission’s Representation Offices) 

0.5 

0.5 

XX 01 01 02 (in delegations) 

XX 01 05 01 (Indirect research) 

10 01 05 01 (Direct research) 

(cid:121) External personnel (in full-time equivalent - FTE)26 

XX 01 02 01 (CA, INT, SNE from the 
‘global envelope’) 

0 

0 

0 

0 

XX 01 02 02 (CA, INT, JED, LA and 
SNE in the delegations) 

0.1 

0.1 

XX 01 04 
yy27 

- at 
Headquarters28 

- in 
delegations 

XX 01 05 02 (CA, INT, SNE - Indirect 
research) 

26 

27 
28 

CA= Contract Agent; INT= agency staff (‘Intérimaire’); JED= ‘Jeune Expert en Délégation’ (Young Experts in Delegations); 
LA= Local Agent; SNE= Seconded National Expert. 
Sub-ceiling for external staff under operational appropriations (former ‘BA’ lines). 
For Structural Funds, European Agricultural Fund for Rural Development (EAFRD) and European Fisheries Fund 
(EFF). 

EN 

61 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
10 01 05 02 (CA, INT, SNE - Direct 
research) 

11010404 (CA, responsible for 
monitoring implementation of sectoral 
support) 

TOTAL 

0.25  0.25 

0.85  0.85 

XX is the policy area or budget title concerned. 

The  human  resources  required  will  be  met  by  staff  from  the  DG  who  are  already  assigned  to  management  of  the  action  and/or  have  been 
redeployed within the DG, together if necessary with any additional allocation which may be granted to the managing DG under the annual 
allocation procedure and in the light of budgetary constraints. 

EN 

62 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Description of tasks to be carried out: 

Officials  and  temporary/contract 
agents 

Monitoring and management of the process for the (re)negotiation the FPA and 
the approval of the result of the negotiations by the institutions, management 
of  the  current  FPA,  including  permanent  working  and  financial  monitoring; 
management of licences 

External staff 

Monitoring the implementation of the sectoral support  

3.2.4.  Compatibility with the current multiannual financial framework 

–  x  The proposal is compatible with the existing financial programming. 

–  (cid:133)  The  proposal  entails  reprogramming  the  relevant  heading  in  the  multiannual  financial 

framework. 

Explain  what  reprogramming  is  required,  specifying  the  budget  lines  concerned  and  the 
corresponding amounts. 

[…] 

–  (cid:133)  The  proposal  requires  application  of  the  flexibility  instrument  or  revision  of  the 

multiannual financial framework29. 

Explain  what  is  required,  specifying  the  headings  and  budget  lines  concerned  and  the 
corresponding amounts. 

[…] 

3.2.5.  Third-party participation in financing 

–  X The proposal does not provide for co-financing by third parties 

–  The proposal provides for the co-financing estimated below: 

Appropriations in EUR million (to three decimal places) 

Year 
N 

Year 
N+1 

Year 
N+2 

Year 
N+3 

Enter  as  many  years  as 
the 
to 
necessary 
duration  of  the  impact  (see 
point 1.6) 

show 

Total 

the 

Specify 
financing 
body/source 

co-

29 

See points 19 and 24 of the Interinstitutional Agreement. 

EN 

63 

   EN 

 
 
 
 
 
 
 
 
 
 
 
                                                 
TOTAL 
appropriations 
cofinanced 

EN 

64 

   EN 

 
 
 
 
 
 
 
 
 
3.3. 

Estimated impact on revenue 

–  X  The proposal has no financial impact on revenue. 

–  (cid:133)  The proposal has the following financial impact: 

– 

– 

(cid:133) 

(cid:133) 

on own resources 

on miscellaneous revenue 

EUR million (to three decimal places) 

Impact of the proposal30 

Year 
N 

Year 
N+1 

Year 
N+2 

Year 
N+3 

…  enter  as  many  years  as 
necessary to show the duration 
of the impact (see point 1.6) 

Appropriat
ions 
available 
for 
ongoing 
budget 
exercise 

the 

Budget 
of revenue 

line 

Article ………….. 

For  miscellaneous  ‘assigned’  revenue,  specify  the  budget  expenditure  line(s) 
affected. 

[…] 

Specify the method for calculating the impact on revenue. 

[…] 

30 

As regards traditional own resources (customs duties, sugar levies), the amounts indicated must be net 
amounts, i.e. gross amounts after deduction of 25% for collection costs. 

EN 

65 

   EN