Proposal for a COUNCIL DECISION on the signature, on behalf of the European Union, and the provisional application 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: 2012-06-05
Institutions: European Commission
Subjects: Guinea-Bissau, catch quota, financial compensation of an agreement, fishing agreement, fishing rights, interim agreement (EU), protocol to an agreement, signature of an agreement

EUROPEAN COMMISSION 

Brussels, 5.6.2012  
COM(2012) 256 final 

2012/0132 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the signature, on behalf of the European Union, and the provisional application 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 

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EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

On  the  basis  of  a  mandate  from  the  Council1,  the  European  Commission  has  conducted 
negotiations with the Republic of Guinea-Bissau with a view to renewing the Protocol to the 
Fisheries  Partnership  Agreement  between  the  European  Community  and  the  Republic  of 
Guinea-Bissau. At the end of those negotiations, a new Protocol was initialled on 10 February 
2012. The new Protocol covers a period of three years from the date of its signature. 

The  main  aim  of  the  Protocol  to  the  Agreement  is  to  provide  fishing  opportunities  for  the 
vessels  of  the  European  Union  in  the  waters  of  Guinea-Bissau  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 enhance 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.  

More particularly, the Protocol provides for fishing opportunities in the following categories: 

1.  3 700 GRT for shrimp freezer trawlers 

2.  3 500 GRT for fin-fish/cephalopod freezer trawlers 

3.  28 tuna seiners / surface longliners  

4.  12 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. 

2. 

RESULTS OF CONSULTATIONS WITH THE INTERESTED PARTIES AND 
IMPACT ASSESSMENTS 

The interested parties were consulted ahead of the negotiations in the framework of the Long 
Distance  Fleet  Regional  Advisory  Council,  bringing  together  the  fisheries  sector  and 
environmental and development NGOs. Experts from the Member States were also consulted 
in technical meetings. These consultations concluded that it would be beneficial to maintain a 
fishing protocol with Guinea-Bissau. 

1 

Adopted by the Agriculture and Fisheries Council on 20 October 2011.  

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3. 

LEGAL ELEMENTS OF THE PROPOSAL 

This procedure is being initiated, along with the procedures relating to the Council Decision, 
with the consent of the Parliament, for the conclusion of the Protocol itself and the Council 
Regulation on the allocation of fishing opportunities among the Member States of the EU.  

4. 

BUDGETARY IMPLICATIONS  

The overall financial contribution of the Protocol of EUR 9 200 000 over the whole period is 
based on: (a) a maximum of 40 authorisations for tuna vessels and of 7 200 GRT for trawlers, 
for  a  financial  contribution  of  EUR 6 200 000  and  (b)  support  for  the  development  of  the 
sectoral fisheries policy of the Republic of Guinea-Bissau amounting to EUR 3 000 000. This 
support meets the objectives of the national fisheries policy. 

5. 

OPTIONAL ELEMENTS  

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2012/0132 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the signature, on behalf of the European Union, and the provisional application 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 in conjunction with Article 218(5) thereof, 

Having regard to the proposal from the European Commission, 

Whereas: 

(1) 

(2) 

(3) 

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

The Protocol to that Partnership Agreement which is currently in force expires on 15 
June 2012. 

The  European  Union  has  negotiated  with  the  Republic  of  Guinea-Bissau  (hereafter 
referred  to  as  'Guinea-Bissau')  a  new  Protocol  granting  European  Union  vessels 
fishing opportunities in the waters over which Guinea-Bissau exercises sovereignty or 
jurisdiction in fishing matters. 

(4) 

At the end of those negotiations, a new Protocol was initialled on 10 February 2012. 

(5) 

(6) 

To  ensure  EU  vessels  can  continue  their  fishing  activities,  Article 18  of  the  new 
Protocol provides for it to apply on a provisional basis from the date of its signature. 

The  new  Protocol  should  be  signed  and  applied  on  a  provisional  basis,  pending  the 
completion of the procedures for its conclusion, 

2 

OJ L 75, 18.3.2008, p. 49. 

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HAS ADOPTED THIS DECISION:  

Article 1 

The  signature  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 in force between the two parties is hereby authorised on 
behalf of the European Union, subject to its conclusion. 

The text of the Protocol is attached to this Decision. 

The  President  of  the  Council  is  hereby  authorised  to  designate  the  person  or  persons 
empowered to sign the Protocol on behalf of the EU, subject to its conclusion. 

Article 2 

The  Protocol  shall  apply  on  a  provisional  basis  from  the  date  of  its  signature  onwards, 
pending the completion of the procedures for its conclusion. 

Article 3 

Article 4 

This Decision shall enter into force on the day following that of its publication in the Official 
Journal of the European Union. 

Done at Brussels,  

For the Council 
The President 

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PROTOCOL 

setting out the fishing opportunities and financial contribution provided for in the 
Fisheries Partnership Agreement between the European Community and the Republic 
of Guinea-Bissau  

Article 1 
Period of application and fishing opportunities 

1. 

For  a  period  of  three  years,  the  fishing  opportunities  granted  to  vessels  of  the 
European Union under Article 5 of the Fisheries Partnership Agreement shall be as 
follows: 

– 

crustaceans and demersal species:  

(a) 

freezer shrimp trawlers: 3 700 GRT per year; 

(b) 

freezer, fin-fish and cephalopod trawlers: 3 500 GRT per year; 

– 

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

(a) 

freezer tuna seiners and longliners: 28 vessels; 

(b)  pole-and-line tuna vessels: 12 vessels. 

2. 

Paragraph 1 shall apply subject to Articles 7 and 9 of this Protocol. 

Article 2 
Financial contribution — Methods of payment 

1. 

For  the  period  referred  to  in  Article  1  of  the  Protocol,  the  financial  contribution 
referred  to  in  Article  7  of  the  Fisheries  Partnership  Agreement  shall  be  EUR 
9 200 000 per year. 

2. 

The financial contribution comprises: 

(a) 

(b) 

an  annual  sum  of  EUR 6 200 000  for  access  to  the  fishery  resources  in  the 
Guinea-Bissau exclusive economic zone (EEZ), and  

a  specific  amount  of  EUR  3 000 000  per  year  for  support  for  the  sectoral 
fisheries policy of Guinea-Bissau.  

Paragraph 1 shall apply subject to Articles 7, 9, 14, 15 and 17 of this Protocol. 

Payment of the financial contribution due under Paragraph 2(a) and (b) above shall 
be made within 30 days of the entry into force of the Protocol for the first year and 
by the renewal date for subsequent years. 

The authorities of Guinea-Bissau shall have full discretion regarding the use to which 
the financial contribution referred to in paragraph 2(a) is put.  

3. 

4. 

5. 

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6. 

1. 

2. 

3. 

1. 

2. 

3. 

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

Article 3 
Promotion of responsible and sustainable fishing in the waters of Guinea-Bissau  

No later than three months after the entry into force of this Protocol, the Parties shall 
agree,  within  the  Joint  Committee  provided  for  in  Article  10  of  the  Fisheries 
Partnership  Agreement,  on  a  multiannual  sectoral  programme  and  detailed 
implementing rules, in particular: 

(a) 

(b) 

annual and multiannual guidelines for using the financial contribution referred 
to in Article 2(2)(b); 

the  objectives,  both  annual  and  multiannual,  to  be  achieved  with  a  view  to 
introducing,  over  time,  responsible  and  sustainable  fishing,  taking  account  of 
the  priorities  expressed  by  Guinea-Bissau  in  its  national  fisheries  policy  and 
other policies relating to or having an impact on the introduction of responsible 
and sustainable fishing; 

(c) 

criteria and procedures for evaluating the results obtained each year. 

Any proposed amendments to the multiannual sectoral programme must be approved 
by both Parties within the Joint Committee. 

The  Joint  Committee  is  responsible  for  implementing  the  multiannual  sectoral 
programme.  If  necessary,  the  two  Parties  shall  continue  this  monitoring  after  this 
Protocol  expires,  until  the  specific  financial  contribution  provided  for  in  Article 
2(2)(b) has been used up. 

Article 4 
Scientific cooperation on responsible fishing  

The two Parties hereby undertake to promote responsible fishing in Guinea-Bissau's 
fishing  zone,  based  on  the  principle  of  non-discrimination  between  the  different 
fleets  operating  in  those  waters,  and  based  on  the  principle  of  sustainable 
management of fish stocks and marine ecosystems. 

During the period covered by this Protocol, the European Union and Guinea-Bissau 
shall cooperate to monitor the evolution of stocks and fisheries in the Guinea-Bissau 
EEZ.  

The two parties undertake to promote compliance with the recommendations of the 
International  Commission  for  the  Conservation  of  Atlantic  Tunas  (ICCAT)  and  of 
the  Fishery  Committee  for  the  Eastern  Central  Atlantic  (CECAF),  as  well  as 
cooperation at subregional level regarding the sustainable management  of  fisheries, 
particularly within the Subregional Fisheries Commission (CSRP). 

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4. 

1. 

2. 

3. 

1. 

2. 

The two parties shall consult each other within the Joint Committee to adopt, where 
necessary  and  by  mutual  agreement,  new  measures  to  ensure  the  sustainable 
management of fish stocks. 

Article 5 
Joint Scientific Committee 

The Joint Scientific Committee is composed of scientists, who are appointed in equal 
number  by  each  of  the  two  parties.  If  both  parties  agree,  participation  in  the  joint 
scientific  committee  can  be  extended 
include  observers  –  particularly 
representatives of regional fisheries organisations, such as the CECAF.  

to 

The  Joint  Scientific  Committee  shall  meet  at  least  once  a  year,  in  accordance  with 
Article 4(1) of the Fisheries Partnership Agreement. In principle, the meetings should 
be  held  alternately  in  Guinea-Bissau  and  in  the  European  Union.  At  the  request  of 
one  of  the  parties,  other  meetings  may  also  be  convened.  The  meetings  shall  be 
chaired alternately by the two parties. 

The  functions  of  the  Joint  Scientific  Committee  shall  cover  in  particular  the 
following activities: 

(a) 

compiling  the  data  on  the  fishing  efforts  and  catches  of  national  and  foreign 
fleets operating in the Guinea-Bissau EEZ and fishing for species covered by 
this Protocol;  

(b)  proposing, monitoring or analysing the annual surveys contributing to the stock 
assessment process and allowing fishing opportunities to be determined and the 
exploitation  options  which  guarantee  the  conservation  of  resources  and  their 
ecosystem; 

(c)  drawing  up,  on  this  basis,  an  annual  scientific  report  on  the  fisheries  that  are 

the subject of this Agreement; 

(d) 

formulating,  on  its  own  initiative  or  in  response  to  a  request  from  the  Joint 
Committee  or  from  one  of  the  parties,  any  scientific  opinion  relating  to  the 
management  measures  which  shall  be  judged  necessary  for  the  sustainable 
exploitation of the stocks and fisheries covered by this Protocol. 

Article 6 
Closure of a fishery by Guinea-Bissau 

In the event that Guinea-Bissau, on the basis of an opinion from the Joint Scientific 
Committee, decides to close a fishery as part of a measure for conserving resources, 
the  Joint  Committee  shall  meet  to  analyse  the  bases  for  that  decision,  assess  the 
impact  of  this  closure  on  the  activity  of  the  EU  vessels  in  the  context  of  this 
Agreement and to decide on potential corrective measures.  

In  the  cases  provided  for  in  paragraph  1,  the  Joint  Committee  shall  agree  on  a 
proportional reduction in the financial contribution of the Agreement paid by the EU 
and, if necessary, on compensation offered to the vessel owners.  

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3. 

Any  closure  of  a  fishery  decided  by  Guinea-Bissau  following  a  scientific  opinion 
will be applied in a non-discriminatory manner to all the vessels concerned by that 
fishery, including the national vessels and those flying the flag of a third country. 

Article 7 
Adjustment of fishing opportunities by mutual agreement  

The fishing opportunities provided for in Article 1 may be adjusted by mutual agreement in 
the  Joint  Committee  and  on  the  basis  of  a  recommendation  from  the  Joint  Scientific 
Committee.  In  this  case,  the  financial  contribution  referred  to  in  Article  2(2)(a)  shall  be 
adjusted proportionately and pro rata temporis and the necessary amendments shall be made 
to this Protocol and to its Annex.  

Article 8 
Exploratory fishing 

1. 

2. 

3. 

4. 

5. 

6. 

The  aim  of  the  exploratory  fishing  trips  is  to  test  the  technical  feasibility  and  the 
economic viability of new fisheries.  

The  European  Commission  shall  communicate  to  the  authorities  of  Guinea-Bissau 
the  applications  for  exploratory  fishing  licences  on  the  basis  of  a  technical  file 
indicating: 

– 

– 

– 

the technical characteristics of the vessel; 

the vessel's officers' level of expertise in the relevant fishery; 

the proposal for the technical parameters of the trip (length, gear, exploration 
regions, etc.). 

The  exploratory  fishing  trips  shall  have  a  maximum  duration  of  six  months.  They 
shall be subject to the payment of a fee set by Guinea-Bissau. 

A scientific observer from the flag State  and an observer  chosen  by Guinea-Bissau 
shall be present on board throughout the duration of the trip. 

The  authorities  of  Guinea-Bissau  shall  determine  the  allowable  catches  for  the 
exploratory fishing trip. The  catches  consistent  with  and  obtained  during  the  exploratory 
trip shall remain the property of the vessel owner. Fish of a non-prescribed size or fish whose 
capture  is  not  allowed  under  the  relevant  legislation  of  Guinea-Bissau  may  not  be  held  on 
board or sold. 

The  detailed  results  of  the  trip  shall  be  sent  to  the  Joint  Committee  and  the  Joint 
Scientific Committee for analysis.  

Article 9  
New fishing opportunities  

Should European fishing vessels be interested in fishing activities which are not indicated in 
Article 1 of this Protocol, the parties shall consult the Joint Scientific Committee. The parties 

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shall agree on the conditions applicable to these new fishing opportunities and, if necessary, 
make amendments to this Protocol and to the Annex hereto.  

Article 10 
Economic integration of European Union operators into the Guinea-Bissau fisheries 
sector 

1. 

2. 

3. 

4. 

1. 

2. 

3. 

The  two  parties  undertake  to  promote  the  economic  integration  of  European 
operators  into  the  fishing  industry  in  Guinea-Bissau  as  a  whole,  in  particular  the 
chartering of European vessels and the establishment of joint ventures. 

The  two  parties  shall  cooperate  in  order  to  raise  European  private  operators' 
awareness  of  commercial  and  industrial  opportunities,  particularly  with  regard  to 
direct investments in the whole fishing sector in Guinea-Bissau. 

For the same reason, Guinea-Bissau may give incentives to operators who undertake 
such investments.  

The parties shall, between now and the end of 2012, establish a reflection group to 
which  the  economic  operators  will  be  invited  in  order  to  identify  the  obstacles  to 
operators  investing  directly  in  the  fisheries  sector  and  measures  to  overcome  those 
obstacles. The group will seek to propose possible forms of financing to implement 
the actions identified. 

Article 11  
Electronic communication 

Guinea-Bissau  and  the  EU  undertake  to  install  as  soon  as  possible  the  computer 
systems  required  for  the  electronic  exchange  of  all  the  information  and  documents 
related to the implementation of the Agreement. 

The electronic form of a document will be considered equivalent to the paper version 
in every respect. 

Guinea-Bissau and the EU shall inform each other of any malfunction of a computer 
system  as  soon  as  possible.  The  information  and  documents  related  to  the 
implementation of the Agreement shall then be automatically replaced by their paper 
version as specified in the Annex. 

Article 12 
Confidentiality of data 

Guinea-Bissau shall undertake that all nominative data relating to EU vessels and their fishing 
activities  obtained  within  the  framework  of  the  Agreement  will,  at  all  times,  be  processed 
strictly in accordance with the principles of confidentiality and data protection. 

Article 13 
Applicable provisions of national law 

1. 

The  activities  of  European  Union  vessels  operating  in  the  waters  of  Guinea-Bissau 
shall be governed by the applicable law in Guinea-Bissau, unless otherwise provided 

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2. 

1. 

2. 

3. 

4. 

1. 

for  in  the  Fisheries  Partnership  Agreement,  this  Protocol  and  the  Annex  and 
appendices hereto.  

The  authorities  of  Guinea-Bissau  shall  inform  the  European  Commission  of  any 
change or any new legislation relating to the fishing sector.  

Article 14 
Suspension and review of the payment of the financial contribution  

The financial contribution as referred to in Article 2(2)(a) and (b) may be revised or 
suspended  after  consultation  within  the  Joint  Committee  if  one  or  more  of  the 
following conditions are met: 

(a)  unusual circumstances, other than natural phenomena, prevent fishing activities 

in the Guinea-Bissau EEZ; 

(b) 

(c) 

following  significant  changes  in  the  policy  objectives  which  led  to  the 
conclusion  of  this  Protocol,  one  of  the  two  parties  requests  a  review  of  the 
provisions with a view to a possible amendment thereof;  

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 European Union reserves the right to revise or suspend, partially or totally, the 
payment of the specific financial contribution provided for in Article 2(2)(b) of this 
Protocol: 

(a) 

 if  the  results  obtained  are  inconsistent  with  the  programming,  following  an 
evaluation carried out by the Joint Committee, and/or 

(b) 

in the event of failure to implement this financial contribution. 

Payment of the financial contribution shall resume after consultation and agreement 
of the two Parties as soon as the situation prior to the events referred to in paragraph 
1  has  been  re-established,  and/or  if  the  results  of  the  financial  implementation 
referred  to  in  paragraph  2  so  warrant.  Nevertheless,  the  specific  financial 
contribution provided for in Article 2(2)(b) may not be paid out beyond a period of 
six months after the Protocol expires. 

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(2)(a).  If  resumed,  the  validity  of  these  fishing  authorisations  shall  be 
extended for a period equal to the period of suspension of fishing activities.  

Article 15 
Suspension of the implementation of the Protocol 

The implementation of this Protocol may be suspended at the initiative of one of the 
two  Parties  after  consultation  within  the  Joint  Committee,  if  one  or  more  of  the 
following conditions apply:  

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(a)  unusual circumstances, other than natural phenomena, prevent fishing activities 

in the Guinea-Bissau EEZ;  

(b) 

following  significant  changes  in  the  policy  objectives  which  led  to  the 
conclusion  of  this  Protocol,  one  of  the  two  Parties  requests  a  review  of  the 
provisions with a view to their possible amendment; 

(c)  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; 

(d) 

there  is  a  non-payment  of  the  financial  contribution  provided  for  in 
Article 2(2)(a)  by  the  European  Union,  for  reasons  other  than  those  provided 
for in Article 14 of this Protocol; 

(e) 

a dispute which has not been settled in the Joint Committee is ongoing between 
the two Parties;  

(f) 

one of the two Parties does not comply with the provisions of this Protocol. 

2. 

3. 

Where the application of the Protocol is suspended for reasons other than those given 
in paragraph 1(c) above, it shall require the Party concerned to notify its intention in 
writing  at  least  three  months  before  the  date  on  which  suspension  is  due  to  take 
effect. Suspension of the Protocol for the reasons given in paragraph 1(c) shall apply 
immediately after the suspension decision has been taken. 

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

Article 16 
Duration 

This  Protocol  and  the  Annex  hereto  shall  apply  for  a  period  of  three  years  from  the 
provisional application in accordance with Article 18, unless notice of termination is given in 
accordance with Article 17. 

Article 17 
Termination  

1. 

2. 

In the event of termination of the Protocol, the Party concerned shall notify the other 
Party in writing of its intention to terminate it at least six months before the date on 
which such termination would take effect. 

Dispatch  of  the  notification,  as  referred  to  in  the  previous  paragraph,  shall  open 
consultations between the Parties. 

Article 18 
Provisional application 

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This Protocol shall apply provisionally from the date of signature.  

Article 19 
Entry into force 

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

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ANNEX I 

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

CHAPTER I 

General provisions 

1. 

1. 

Designation of competent authority 

For  the  purposes  of  this  Annex  and  unless  otherwise  specified  hereinafter,  any 
reference to the European Union (EU) or to Guinea-Bissau as a competent authority 
shall mean: 

i. 

for the EU: the European Commission, where applicable via the EU delegation 

ii. 

for Guinea-Bissau: the government department responsible for fishing. 

2. 

National EEZ 

Guinea-Bissau  shall  notify  the  EU  of  the  geographical  coordinates  of  its  EEZ  and  the 
baselines before the Protocol enters into force.  

3. 

Appointment of a local agent 

With  the  exception  of  tuna  vessels,  any  EU  vessel  which  plans  to  obtain  a  fishing 
authorisation  under  the  present  Protocol  must  be  represented  by  a  consignee  resident  in 
Guinea-Bissau. 

4. 

Bank account 

Guinea-Bissau shall notify the EU before the entry into force of the Protocol of the details of 
the  bank  account(s)  into  which  the  financial  sums  payable  by  EU  vessels  under  the 
Agreement should be paid. The costs of the bank transfers shall be borne by vessel owners.  

CHAPTER II 

Fishing authorisations 

1. 

Condition for obtaining a fishing authorisation – eligible vessels 

The  fishing  authorisations  referred  to  in  Article  6  of  the  Agreement  shall  be  issued  on  the 
condition that the vessel is included in the EU register of fishing vessels and that all previous 
obligations of the vessel owner, the master, or the vessel itself arising out of fishing activities 
in Guinea-Bissau under the Agreement have been met. 

2. 

2.1 

Application for a fishing authorisation 

The  EU  shall  submit  to  Guinea-Bissau  an  application  for  a  fishing  authorisation  in 
respect of any vessel wishing to fish under the Agreement at least 20 days before the 
start of the period of validity requested, using the form in the Appendix.  

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2.2 

For each initial application for a fishing authorisation on the basis of the Protocol in 
force, or following a technical change to the vessel concerned, the application shall 
be accompanied by: 

i. 

proof  of  payment  of  the  flat-rate  fee  for  the  period  of  validity  of  the  fishing 
authorisation requested 

ii. 

the name and address of the local consignee for the vessel, where there is one 

iii. 

for trawlers, proof of the prepayment of the flat-rate contribution to the costs of 
the observer 

iv. 

for trawlers, certification of the vessel's tonnage, issued by the flag State 

v. 

for trawlers, certificate of compliance issued by Guinea-Bissau after a technical 
inspection of the vessel 

vi. 

any other document specifically required under the Agreement. 

For renewal of a fishing authorisation under the Protocol in force for a vessel whose 
technical specifications have not been modified, the renewal application shall only be 
accompanied  by  proof  of  payment  of  the  fee  and,  where  applicable,  the  flat-rate 
contribution to the costs of the observer. 

Advance flat-rate fee 

The amount of the flat-rate fee shall be set on the basis of the annual rate specified 
for each category of vessel in the technical sheets included in the Appendix to this 
Annex. It shall include all local and national taxes, with the exception of port taxes 
and charges for the provision of services. 

Where the fishing authorisation is valid for a period of less than one year, the amount 
of the flat-rate fee shall be adapted in proportion to the period of validity requested. 
It shall be increased, where applicable, by the increase due for the quarterly or half-
yearly durations, based on the scales fixed in the corresponding technical sheets.  

Provisional list of vessels authorised to fish 

Once  it  has  received  the  fishing  authorisation  applications,  Guinea-Bissau  shall 
immediately  draw  up,  for  each  category  of  vessel,  the  provisional  list  of  applicant 
vessels.  This  list  shall  be  sent  immediately  to  the  national  body  responsible  for 
supervising fishing, and to the EU.  

The EU shall forward the provisional list to the vessel owner or to the consignee. If 
the EU offices are closed, Guinea-Bissau may send the provisional list directly to the 
vessel owner or their consignee with a copy to the EU. 

Issue of fishing authorisation 

Guinea-Bissau  shall  issue  the  fishing  authorisation  to  the  EU  within  20  days  of 
receiving the full application file. 

2.3 

3. 

3.1 

3.2 

4. 

4.1 

4.2 

5. 

5.1 

EN 

15 

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5.2 

5.3 

Where  a  fishing  authorisation  is  renewed  during  the  period  in  which  the  Protocol 
applies,  the  new  fishing  authorisation  must  contain  a  clear  reference  to  the  initial 
fishing authorisation.  

The  EU  shall  forward  the  fishing  authorisation  to  the  vessel  owner  or  to  the 
consignee.  If  the  EU  offices  are  closed,  Guinea-Bissau  may  issue  the  fishing 
authorisation directly to the vessel owner or their consignee and send a copy to the 
EU. 

6. 

List of vessels authorised to fish 

Once  the  fishing  authorisation  is  issued,  Guinea-Bissau  shall  draw  up  immediately  for  each 
category of vessel the final list of vessels which are authorised to fish in the Guinea-Bissau 
zone.  This  list  shall  be  sent  immediately  to  the  national  body  responsible  for  monitoring 
fishing and to the EU and shall replace the provisional list referred to above. 

7. 

7.1 

Period of validity of the fishing authorisation 

The  fishing  authorisations  shall  be  drawn  up  for  a  quarterly,  half-yearly  or  yearly 
period.  

7.2 

In order to establish the start of the period of validity, annual period shall mean: 

i. 

for the first year of application of the Protocol, the period between the date of 
its entry into force and 31 December of the same year 

ii. 

then, each complete calendar year 

iii. 

for  the  last  year  of  application  of  the  Protocol,  the  period  between  1  January 
and the date of expiry of the Protocol. 

A  quarterly  or  half-yearly  validity  period  shall  start  on  the  first  of  each  month. 
However,  the  fishing  authorisations  may  not  be  valid  beyond  31 December  of  the 
year they are issued. 

Keeping the fishing authorisation on board 

The fishing authorisation must be kept on board at all times. 

However,  tuna-fishing  vessels  and  surface  longliners  shall  be  authorised  to  fish  as 
soon  as  they  are  included  on  the  provisional  list  referred  to  above.  These  vessels 
must keep the provisional list on board until their fishing authorisation is issued. 

Transfer of fishing authorisation 

The  fishing  authorisation  shall  be  issued  for  a  given  vessel  and  shall  not  be 
transferable. 

However,  in  the  case  of  force  majeure  and  at  the  request  of  the  EU,  the  fishing 
authorisation  shall  be  replaced  by  a  new  authorisation,  issued  for  another  vessel 
similar to the vessel to be replaced.  

7.3 

8. 

8.1 

8.2 

9. 

9.1 

9.2 

EN 

16 

   EN 

 
9.3 

9.4 

9.5 

The transfer shall involve the fishing authorisation to be replaced being returned by 
the  vessel  owner  or  its  consignee  in  Guinea-Bissau  and  the  drawing  up  of  the 
replacement  authorisation  by  Guinea-Bissau 
replacement 
authorisation  shall  be  issued  immediately  to  the  vessel  owner  or  their  consignee 
when  the  authorisation  to  be  replaced  is  returned.  The  replacement  authorisation 
shall take effect on the day on which the authorisation to be replaced is returned. 

immediately.  The 

For trawlers, if the tonnage (GRT) of the replacement vessel is greater than that of 
the  vessel  replaced,  the  additional  fee  shall  be  calculated  in  proportion  to  the 
difference in tonnage and the remaining validity period. This additional fee shall be 
paid by the vessel owner when the fishing authorisation is transferred. 

Guinea-Bissau  shall  immediately  update  the  list  of  vessels  authorised  to  fish.  The 
new  list  shall  be  sent  immediately  to  the  national  body  responsible  for  supervising 
fishing, and to the EU. 

10. 

Support vessels 

10.1 

10.2 

10.3 

At the request of the EU, Guinea-Bissau shall authorise EU vessels which are holders 
of a fishing authorisation to be assisted by support vessels. The support vessels shall 
fly the flag  of  an  EU Member State or belong to an EU company, and may not be 
equipped for fishing. 

Guinea-Bissau  shall  draw  up  the  list  of  authorised  support  vessels  and  send  it 
immediately to the national body responsible for supervising fishing, and to the EU.  

The  support  vessels  must  have  an  authorisation  for  this,  issued  under  the  law  of 
Guinea-Bissau.  

11. 

Technical inspection (trawlers) 

11.1 

11.2 

11.3 

11.4 

11.5 

Once a year, or following a change in the vessel's tonnage, or where the use of other 
fishing  gear  entails  a  change  of  fishing  category,  all  EU  trawlers  shall  present 
themselves in a Guinea-Bissau port for a technical inspection, in accordance with the 
applicable legislation of Guinea-Bissau.  

The technical inspection shall verify that the vessel’s technical characteristics and the 
fishing  gear  on  board  conform  to  the  provisions  of  the  Agreement  and  that  the 
provisions relating to its boarding by national seamen have been complied with. 

Guinea-Bissau must conduct the technical inspection within a maximum of 48 hours 
of the trawler's arriving in port. 

After completion of the technical inspection, Guinea-Bissau shall issue a certificate 
of compliance to the master of the vessel immediately, and send a copy to the EU.  

The certificate of compliance shall be valid for a period of one year. However, any 
change  of  fishing  to  or  from  the  shrimp  fishing  category  shall  require  a  new 
certification  of  compliance.  Furthermore,  a  new  certificate  of  compliance  shall  be 
required if the vessel leaves the Guinea-Bissau exclusive economic zone for a period 
greater than 45 days. 

EN 

17 

   EN 

 
11.6 

The certificate of compliance must be kept on board at all times.  

11.7 

The costs of the technical inspection shall be borne by the vessel owner and shall be 
the amount determined by the rates set out by Guinea-Bissau law. These costs may 
not  exceed  the  amounts  paid  for  the  same  service  by  national  vessels  or  vessels 
flying the flag of a third State. 

CHAPTER III 

Technical measures 

Technical measures applicable to the vessels holding a fishing authorisation, relating 
to  the  zone,  fishing  gear  and  additional  catch,  shall  be  defined  for  each  fishing 
category in the technical sheets contained in the Appendix to this Annex.  

Tuna-fishing  vessels  and  surface 
the 
recommendations  adopted  by  the  ICCAT  (International  Commission  for  the 
Conservation of Atlantic Tunas). 

longliners  shall  comply  with  all 

CHAPTER IV 

Catch reporting 

Fishing logbook 

The  master  of  an  EU  vessel  fishing  under  the  Agreement  shall  keep  a  fishing 
logbook,  for  which  the  model  for  each  category  of  fishing  is  included  in  the 
Appendix of this Annex. The fishing logbook shall be completed by the master for 
each day the vessel is present in the fishing zone of Guinea-Bissau.  

Each day the master shall record in the fishing logbook the quantity of each species, 
identified  by  its  FAO  alpha  3  code  of  the,  caught  and  kept  on  board,  expressed  in 
kilograms of live weight or, where necessary, the number of individual fish. For each 
main species, the master shall also mention the bad catch.  

Where  applicable,  the  master  shall  also  record  each  day  in  the  fishing  logbook  the 
quantities  of  each  species  thrown  back  into  the  sea,  expressed  in  kilograms  of  live 
weight or, where necessary, the number of individual fish. 

The fishing logbook shall be filled in legibly, in block capitals, and shall be signed 
by the master.  

The master shall be responsible for the accuracy of the data recorded in the fishing 
logbook. 

Catch reporting 

The master shall notify the vessel's catch by submitting to Guinea-Bissau its fishing 
logbooks for the period of its presence in the Guinea-Bissau fishing zone.  

1. 

2. 

1. 

1.1 

1.2 

1.3 

1.4 

1.5 

2. 

2.1 

2.2 

The fishing logbooks shall be transmitted in one of the following ways: 

EN 

18 

   EN 

 
i. 

when  passing  through  a  port  of  Guinea-Bissau,  the  original  of  each  fishing 
logbook  shall  be  submitted  to  the  local  representative  of  Guinea-Bissau,  who 
shall confirm receipt thereof in writing; 

ii.  when  leaving  the  Guinea-Bissau  fishing  zone  without  first  passing  through  a 
Guinea-Bissau port, the original of each fishing logbook shall be sent within a 
period of 14 days after arrival in any other port, and in any case within a period 
of 30 days after leaving the Guinea-Bissau zone: 

(a)  by letter sent to Guinea-Bissau; 

(b)  or by fax, to the number given by Guinea-Bissau; 

(c)  or by e-mail. 

2.3 

2.4 

2.5 

2.6 

If Guinea-Bissau is able to receive catch declarations by e-mail, the master shall send 
the fishing logbooks to Guinea-Bissau at the e-mail address given by Guinea-Bissau. 
Guinea-Bissau shall confirm receipt thereof immediately by return e-mail.  

The master shall send a copy of all the fishing logbooks to the EU. For tuna-fishing 
vessels  and  surface  longliners,  the  master  shall  also  send  a  copy  of  all  the  fishing 
logbooks to one of the following scientific institutes: 

i. 

Institut de recherche pour le développement (IRD); 

ii. 

IEO (Instituto Español de Oceanografía), or 

iii. 

INIAP (Instituto Nacional de investigação agrária e das Pescas). 

The return of the vessel into the zone of Guinea-Bissau within the period of validity 
of its fishing authorisation shall give rise to further activity and catch reporting.  

In  case  of  non-compliance  with  the  provisions  in  this  chapter,  Guinea-Bissau  may 
suspend  the  fishing  authorisation  of  the  vessel  concerned  until  the  missing  catch 
reports  are  obtained  and  penalise  the  vessel  owner  in  accordance  with  the  relevant 
provisions under the national legislation in force. If the offence is repeated, Guinea-
Bissau may refuse to renew the fishing authorisation. Guinea-Bissau shall inform the 
EU immediately of any penalty applied in this context. 

3. 

Transition to an electronic system 

From  1 January  2013  onwards,  the  EU  vessels  shall  record  the  data  on  fishing  operations 
conducted  under  the  Agreement  and  communicate  them  to  Guinea-Bissau  electronically,  in 
line with the provisions in the Appendix to this Annex. 

4. 

4.1 

Final statement of fees for tuna-fishing vessels and surface longliners 

For each tuna-fishing vessel and surface longliner, the EU shall draw up, on the basis 
of its catch reporting confirmed by the above scientific institutes, a final statement of 
the fees owed by the vessel in respect of its annual season for the previous calendar 
year.  

EN 

19 

   EN 

 
4.2 

4.3 

The  EU  shall  send  this  final  statement  to  Guinea-Bissau  and  to  the  vessel  owner 
before 15 June of the year following the year in which the catches were made. 

Where  the final statement is  greater than the flat-rate fee paid to obtain the fishing 
authorisation,  the  vessel  owner  shall  pay  the  outstanding  balance  to  Guinea-Bissau 
without delay. Where the final statement is less than the flat-rate fee, the remaining 
amount may not be reclaimed by the vessel owner. 

CHAPTER V 

Landings and transhipments 

1. 

The master of an EU vessel wishing to land in a Guinea-Bissau port, or to tranship 
catch from the Guinea-Bissau zone, must notify Guinea-Bissau of the following, at 
least 24 hours before the landing or transhipment: 

(a) 

the name of the fishing vessel which must land or tranship; 

(b) 

the port of landing or transhipment; 

(c) 

the date and time scheduled for the landing or transhipment; 

(d) 

the quantity (expressed in kilograms of live weight or, if necessary, the number 
of individual fish) of each species to be landed or transhipped (identified by its 
FAO alpha 3 code); 

(e) 

in the case of transhipment, the name of the receiving vessel. 

In the case of transhipment, the master must ensure that the receiving vessel has an 
authorisation issued by the authorities competent for such an operation. 

The  transhipment  operation  must  be  carried  out  within  a  Guinea-Bissau  port. 
Transhipment at sea is prohibited. 

Non-compliance  with  these  provisions  shall  lead  to  the  application  of  the  relevant 
penalties provided for under Guinea-Bissau's legislation. 

CHAPTER VI 

Satellite-based vessel monitoring system (VMS) 

Vessel position messages – VMS system 

While they are in the Guinea-Bissau zone, EU vessels holding a fishing authorisation 
must  be  equipped  with  a  satellite  monitoring  system  (Vessel  Monitoring  System  – 
VMS)  to  enable  automatic  and  continuous  communication  of  their  position,  at  all 
times, to the fisheries monitoring centre (FMC) of their flag State.  

2. 

3. 

4. 

1. 

1.1 

1.2 

Each position message must  

i. 

include: 

(a) 

the vessel identification 

EN 

20 

   EN 

 
(b) 

the most recent geographical position of the vessel (longitude, latitude), with a 
position error of less than 500 metres, and with a confidence interval of 99% 

(c) 

the date and time the position is recorded 

(d) 

the speed and the course of the vessel 

be configured in accordance with the format set out in the Appendix. 

The position recorded after entry into the Guinea-Bissau zone shall be identified by 
the code 'ENT'. All subsequent positions shall be identified by the code 'POS', with 
the  exception  of  the  first  position  recorded  after  departure  from  the  Guinea-Bissau 
zone, which shall be identified by the code 'EXI'. 

The  FMC  of  the  flag  State  shall  ensure  the  automatic  processing  and,  if  necessary, 
the electronic transmission of the position messages. The position messages shall be 
recorded in a secure manner and kept for a period of three years. 

Transmission by the vessel in the event of breakdown of the VMS system 

The  master  shall  ensure  at  all  times  that  the  VMS  system  of  his  vessel  is  fully 
operational  and  that  the  position  messages  are  correctly  transmitted  to  the  FMC  of 
the flag State.  

In  the  event  of  breakdown,  the  VMS  system  of  the  vessel  shall  be  repaired  or 
replaced within one month. If it is not repaired within that time, the vessel shall no 
longer be authorised to fish in the Guinea-Bissau zone.  

Vessels  fishing  in  the  Guinea-Bissau  zone  with  a  defective  VMS  system  must 
communicate their position messages by e-mail, radio or fax to the FMC of the flag 
State,  at  least  every  four  hours,  and  must  provide  all  the  information  stipulated  in 
paragraph 1.2. 

Secure communication of position messages to the Guinea-Bissau FMC 

As soon as Guinea-Bissau has established an operational FMC, the FMC of the flag 
State  shall  automatically  send  the  position  messages  of  the  relevant  vessels  to  the 
Guinea-Bissau FMC. The FMC of the flag State and the FMC of Guinea-Bissau shall 
exchange  their  contact  e-mail  addresses  and  inform  each  other  immediately  of  any 
change to these addresses. 

The  transmission  of  position  messages  between  the  FMCs  of  the  flag  State  and 
Guinea-Bissau  shall  be  carried  out  electronically  using  a  secure  communication 
system. 

The  FMC  of  Guinea-Bissau  and  the  FMC  of  the  flag  State  shall  inform  each  other 
immediately  of  any  interruption  in  the  receiving  of  consecutive  position  messages 
from  a  vessel  holding  a  fishing  authorisation,  where  the  vessel  concerned  has  not 
notified its departure from the zone.  

ii. 

1.3 

1.4 

2. 

2.1 

2.2 

2.3 

3. 

3.1 

3.2 

3.3 

4. 

Malfunction of the communication system 

EN 

21 

   EN 

 
4.1 

4.2 

5. 

5.1 

Guinea-Bissau shall ensure the compatibility of its electronic equipment with that of 
the  FMC  of  the  flag  State  and  inform  the  EU  immediately  of  any  malfunction  as 
regards the communication and receiving of position messages with a view to finding 
a  technical  solution  as  soon  as  possible.  The  Joint  Committee  shall  deal  with  any 
possible dispute arising.  

The  master  shall  be  considered  to  be  responsible  for  any  proven  manipulation  of  a 
vessel’s  VMS  system  aimed  at  disturbing  its  operation  or  falsifying  its  position 
messages.  Any  infringement  shall  be  subject  to  the  penalties  provided  for  by  the 
Guinea-Bissau legislation in force. 

Revision of the frequency of position messages 

On the basis of documentary evidence proving an infringement, Guinea-Bissau may 
ask the FMC of the flag State, copying in the EU, to reduce the interval for sending 
position  messages  from  a  vessel  to  every  thirty  minutes  for  a  set  period  of 
investigation. This documentary evidence must be sent by Guinea-Bissau to the FMC 
of the flag State and to the EU. The FMC of the flag State shall immediately send the 
position messages to Guinea-Bissau at the reduced frequency. The FMC of Guinea-
Bissau shall immediately notify the FMC of the flag State and the EU of the end of 
the investigation procedure. 

5.2 

At  the  end  of  the  investigation  period,  Guinea-Bissau  shall  inform  the  FMC  of  the 
flag State and the EU of any monitoring which is required.  

CHAPTER VII 

Check 

1. 

1.1 

Entering and leaving the zone 

Any  entry  into  or  departure  from  the  Guinea-Bissau  fishing  zone  by  an  EU  vessel 
holding a fishing authorisation must be notified to Guinea-Bissau within 24 hours of 
the entry or departure. This period is reduced to 6 hours for tuna-fishing vessels and 
surface longliners. 

1.2 

When notifying its entry or departure, the vessel shall notify in particular:  

i. 

ii. 

the date, time and point of passage scheduled 

the  quantity  of  each  species  held  on  board,  as  identified  by  its  FAO  alpha  3 
code and expressed in kilograms of live weight or, if necessary, the number of 
individual fish  

iii. 

the product presentation.  

1.3 

Notification shall be given preferably by e-mail or, failing that, by fax or radio, to an 
e-mail address, a telephone number or a frequency communicated by Guinea-Bissau. 
Guinea-Bissau  shall  immediately  inform  the  vessels  concerned  and  the  EU  of  any 
change to the e-mail addresses, telephone number or transmission frequency.  

EN 

22 

   EN 

 
 
1.4 

2. 

2.1 

2.2 

2.3 

1. 

1.1 

1.2 

2. 

2.1 

2.2 

2.3 

3. 

3.1 

3.2 

Any  vessel  found  to  be  fishing  in  the  Guinea-Bissau  fishing  zone  without  having 
previously  notified  its  presence  shall  be  considered  to  be  an  unauthorised  fishing 
vessel. 

Inspections  

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 authorised 
Guinea-Bissau official responsible for the inspection of fishing activities. 

These  officials  shall  not  remain  on  board  for  longer  than  is  necessary  for  the 
discharge of their duties. 

Once the inspection has been completed, an official control report shall be issued to 
the master of the vessel. 

CHAPTER VIII 

Infringements 

Treatment of infringements 

Any infringement of the provisions of this Annex by an EU vessel holding a fishing 
authorisation must be referred to in an inspection report. 

The signature of the inspection report by the master shall be without prejudice to the 
vessel owner's right of defence in respect of an infringement. 

Detention of a vessel – information meeting 

Where permitted under the national legislation for the reported infringement, any EU 
vessel having committed an infringement may be forced to cease its fishing activity 
and, where the vessel is at sea, to return to a Guinea-Bissau port. 

Guinea-Bissau shall notify the EU within 48 hours of any detention of an EU vessel 
holding  a  fishing  authorisation.  This  notification  shall  be  accompanied  by 
documentary evidence of the infringement. 

Before taking any measure against the vessel, the master, the crew or the cargo, with 
the  exception  of  measures  aimed  at  protecting  evidence,  Guinea-Bissau  shall 
organise,  at  the  request  of  the  EU,  within  one  working  day  of  notification  of  the 
detention of the vessel, an information meeting to clarify the facts which have led to 
the  vessel  being  detained  and  to  explain  what  further  action  may  be  taken.  A 
representative of the flag State of the vessel may attend this information meeting.  

Penalties for infringements - Compromise procedure 

The  penalty  for  the  infringement  shall  be  set  by  Guinea-Bissau  according  to  the 
provisions of the national legislation in force. 

Where  settling  the  infringement  involves  legal  proceedings,  before  these  are 
launched, a compromise procedure shall be undertaken between Guinea-Bissau and 

EN 

23 

   EN 

 
the EU to determine the terms and level of the penalty. A representative of the flag 
State  of  the  vessel  may  participate  in  this  compromise  procedure.  The  compromise 
procedure shall finish at the latest four days after the notification of the detention of 
the vessel. 

4. 

4.1 

Legal proceedings – Bank security 

If  the  compromise  procedure  fails  and  the  infringement  is  brought  before  the 
competent  court,  the  owner  of  the  vessel  which  committed  the  infringement  shall 
deposit a bank security at a bank designated by Guinea-Bissau, the amount of which, 
as  set  by  Guinea-Bissau,  covers  the  costs  linked  to  the  detention  of  the  vessel,  the 
estimated fine and any compensation. The bank security may not be recovered until 
the legal proceedings have been concluded. 

4.2 

The  bank  security  shall  be  released  and  returned  to  the  vessel  owner  immediately 
after the judgment has been given 

(a) 

in full, if no penalty has been imposed 

(b) 

for the amount of the remaining balance, if the penalty is a fine which is lower 
than the amount of the bank security. 

4.3 

Guinea-Bissau  shall  inform  the  EU  of  the  outcome  of  the  legal  proceedings  within 
eight days of the judgement being given. 

5. 

Release of the vessel  

The vessel and its master shall be authorised to leave the port once the penalty has been paid 
in a compromise procedure, or once the bank security has been deposited.  

CHAPTER IX 

Signing-on of seamen 

1. 

1.1 

Number of seamen to sign on  

While  their  fishing  authorisations  are  valid,  each  EU  trawler  shall  sign  on  Guinea-
Bissau seamen, subject to the following limits: 

i. 

four seamen, for a capacity of less than 250 GRT  

ii. 

five seamen, for a capacity of between 250 and 400 GRT 

iii. 

six seamen, for a capacity of between 400 and 650 GRT 

iv. 

seven seamen, for a capacity greater than 650 GRT. 

1.2 

The owners of EU vessels shall endeavour to sign on additional national seamen. 

2. 

2.1 

EN 

Free choice of seamen 

Guinea-Bissau  has  an  indicative  list  of  qualified  seamen  to  be  signed  on  for  EU 
vessels. 

24 

   EN 

 
2.2 

3. 

3.1 

3.2 

3.3 

3.4 

4. 

4.1 

4.2 

The  vessel  owner,  or  their  consignee,  may  choose  from  this  list  the  seamen  to  be 
signed on and shall notify Guinea-Bissau of their inclusion in the crew. 

Contracts 

The employment contract for the seamen shall be drawn up by the vessel owner or its 
consignee  and  the  seaman,  if  necessary  represented  by  his  union,  in  liaison  with 
Guinea-Bissau. It shall stipulate in particular the date and port of signing on. 

The contract shall guarantee the seaman the social security cover applicable to him in 
Guinea-Bissau. It shall include life assurance and sickness and accident insurance. 

A copy of the contract shall be given to the signatories. 

The  basic  working  rights  laid  down  in  the  declaration  of  the  International  Labour 
Organisation  (ILO)  shall  be  afforded  to  Guinea-Bissau  seamen.  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. 

Seamen's wages 

The  wages  of  the  Guinea-Bissau  seamen  shall  be  paid  by  the  vessel  owner.  They 
shall  be  set  before  the  fishing  authorisation  is  issued  and  by  mutual  agreement 
between the vessel owner or its consignee and Guinea-Bissau. 

The  wages  shall  not  be  lower  than  those  of  crews  on  Guinea-Bissau  vessels,  nor 
below the ILO standards. 

5. 

Seamen's obligations 

The seamen shall report to the master of the vessel to which they have been appointed the day 
before the signing-on date stipulated in their contract. The master shall inform the seaman of 
the date and time of signing on. If the seaman does not present himself at the date and time 
stipulated  for  signing  on,  his  contract  shall  be  considered  to  be  null  and  void.  He  shall  be 
replaced by another Guinea-Bissau seaman, without this delaying the vessel's departure. 

CHAPTER X 

Observers 

1. 

1.1 

1.2 

Observation of fishing activities  

Vessels  holding  a  fishing  authorisation  shall  be  subject  to  a  scheme  for  observing 
their fishing activities carried out within the framework of the Agreement. 

For  tuna-fishing  vessels  and  surface  longliners,  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. 

1.3 

Other vessels shall take on board an observer appointed by Guinea-Bissau. 

EN 

25 

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2. 

2.1 

Designated vessels and observers 

When the fishing authorisation is issued, Guinea-Bissau shall inform the EU and the 
vessel owner, or its consignee, of the designated vessels and observers and the times 
at  which  the  observer  will  be  present  on  board  each  vessel.  Guinea-Bissau  shall 
immediately inform the EU and the vessel owner or its consignee of any change in 
the designated vessels and observers. 

2.2 

The  observers  shall  not  spend  more  time  on  board  the  vessel  than  is  necessary  to 
carry out their duties. 

3. 

Flat-rate financial contribution 

At  the  time  the  fee  is  paid,  the  vessel  owner  shall  pay  Guinea-Bissau  a  flat-rate  sum  of 
EUR 6 000 per year for each vessel, adapted pro rata temporis based on the duration of the 
fishing authorisations of the designated vessels. 

4. 

Observer's salary 

The salary and social contributions of the observer shall be borne by Guinea-Bissau. 

5. 

5.1 

5.2 

5.3 

5.4 

5.5 

Embarkation conditions 

The conditions under which observers are taken on board shall be agreed between the 
vessel owner, or its consignee, and Guinea-Bissau. 

Observers shall be treated as officers. However, receiving the observer on board shall 
take into account the technical structure of the vessel. 

The vessel owner shall bear the costs of providing accommodation and food for the 
observer on board.  

The master shall take all the measures for which he  is  responsible to guarantee the 
physical safety and general wellbeing of the observer. 

Observers shall be offered every facility needed to carry out their duties. They shall 
have  access  to  means  of  communication  and  to  documents  relating  to  the  fishing 
activities of the vessel, in particular the fishing logbook and navigation log, and the 
parts of the vessel directly linked to their duties. 

6. 

Observer's obligations 

Whilst they are on board observers shall: 

(a) 

take all appropriate measures so as not to interrupt or hinder fishing operations 

(b) 

respect on-board property and equipment 

(c) 

respect the confidential nature of any document belonging to the vessel. 

7. 

Embarkation and landing of observers 

7.1 

The observer shall embark in a port chosen by the vessel owner.  

EN 

26 

   EN 

 
7.2 

The  vessel  owner  or  its  representative  shall  notify  Guinea-Bissau,  with  a  notice 
period of 10 days before the embarkation, of the date, time and port of embarkation 
of the observer. If the observer is embarked in a foreign country, their travel costs to 
the port of embarkation shall be borne by the vessel owner. 

7.3 

Where  the  observer  is  not  disembarked  in  a  Guinea-Bissau  port,  the  vessel  owner 
shall bear the costs of repatriating the observer to Guinea-Bissau as soon as possible. 

8. 

Observer's obligations 

The observer shall carry out the following duties: 

(a)  observe the fishing activities of the vessel 

(b)  verify the position of the vessel during fisheries operations 

(c)  perform  operations  in  the  context  of  scientific  programmes,  including 

biological sampling 

(d)  note the fishing gear used 

(e)  verify  the  catch  data  for  catches  in  the  Guinea  Bissau  zone  recorded  in  the 

logbook 

(f) 

(g) 

verify  the  percentages  of  bycatches  on  the  basis  of  that  defined  in  the 
datasheets for each category and estimate the discarded catches 

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

9. 

9.1 

9.2 

Observer's report 

Before leaving the vessel, the observer shall submit a report of his observations to the 
master of the vessel. The master of the vessel shall have the right to make comments 
in  the  observer's  report.  The  report  shall be  signed  by  the  observer  and  the  master. 
The master shall receive a copy of the observer's report.  

The observer shall submit his report to Guinea-Bissau. The data on the catches and 
discards shall be sent to the scientific institute (CIPA) in Guinea-Bissau, which, after 
processing and analysing them, will present them to the Joint Scientific Committee.  

EN 

27 

   EN 

 
APPENDICES 

1 - Application form for a fishing licence 

2 - Statistics on catch and fishing effort  

3 - Tuna vessels fishing logbook  

4 – Electronic communication of fishing operations 

5 - Communication of VMS messages to Guinea-Bissau 

6 – Technical sheets by category 

EN 

28 

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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: ………………………………… 

………………………………………………... 

APPLICANT 

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

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

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

Place and date 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: .................................................... Depth:.......................................  

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

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

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

EN 

29 

   EN 

 
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: ..................................................................................................................................................  

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) 

Number of poles and lines: 

(cid:133) 

Seine: 

(cid:133) 

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

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

C. 

Longlines and pots 

Surface: 

(cid:133) 

Bottom: 

(cid:133) 

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

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

EN 

30 

   EN 

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

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. 

Technical remarks 

EN 

31 

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Authorisation of the State ministry 

EN 

32 

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FISHERIES MINISTRY 

STATISTICS ON CATCH AND EFFORT 

Month: 

Year: 

Appendix 2 

Name of vessel: 

Nationality: 

Engine power: 

Gross tonnage (t): 

Date 

Fishing zone 

Longitude 

Latitude 

Number of hauls 

Number of 
hours fishing 

Fishing method: 

Port of landing: 

Species of fish 

Totals 

1/ 

2/ 

3/ 

4/ 

5/ 

6/ 

7/ 

8/ 

9/ 

10/ 

11/ 

12/ 

EN 

33 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
13/ 

14/ 

15/ 

16/ 

17/ 

18/ 

19/ 

20/ 

21/ 

22/ 

23/ 

24/ 

25/ 

26/ 

27/ 

28/ 

29/ 

30/ 

EN 

34 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
TOTAL 

EN 

35 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
Appendix 3 

TUNA VESSELS FISHING LOGBOOK 

Name of vessel:…………………………………………… 

Gross tonnage:…..………………………………… 

  Month 

Day 

Year 

Port 

Flag country:…………………………………………………. 

Capacity (TM):…………………………………….. 

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

Master: ………………………………………… 

Vessel 
owner:…………………………………………………… 

No 

of 

crew: 

………………..

Reporting  date:  ………………………………….

Address:………………………………………………………
………………………………………………………………. 

Reported by: …………………………………. 

Vessel 
departed: 

Vessel 
returned: 

Fishing method 

  Longline 

Purse seine 

Trawl 

Other 

No of days at 
sea: 

No 

of 

fishing 

days:

…………….

Trip 
number: 

No of sets made: 

.……………..

……… 

……………………………… 

Date 

Sector 

Day/ 
Month 

o
N

t
e
S

S
/
N
e
d
u
t
i
t
a
L

/

W
E
e
d
u
t
i
g
n
o
L

Surface 
water 
temp 

(°C) 

Catches 

Bait used 

Fishin
g 
effort 

No of 
hooks 
used 

 Bluefin 
tuna 

Yellowfin 
tuna 

Bigeye tuna

Thunnus 

Thunnus 

maccoyii 

albacares 

Thunnus 

obesus 

Albacore 
Thunnus 
alalunga 

Swordfish 

Strip marlin
Tetrapturus

Xiphias 

gladius 

audax 

Black marlin 

Sailfish 

Skipjack 

Miscellaneo
us fish 

Daily total 

Makaira 

Istiophorus 

Katsuwonus 

indica 

spp. 

pelamis 

y
r
u
a
S

d
i
u
q
S

t
i
a
b
e
v
i
L

:
r
e
h
t
O

  Num
ber 

kg  Num
ber 

kg  Num
ber 

kg  Numb

er 

kg  Num
ber 

kg  Num
ber 

kg  Number  kg  Num
ber 

kg  Number

kg  Num
ber 

kg  Number

kg 

EN 

36 

EN 

 
  
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Landing weight (in kg) 

EN 

37 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Appendix 4 

Electronic communication of fishing operations 

Electronic recording and communication systems 

1. Every EU vessel fishing under this Protocol must be equipped with a working electronic recording 
and  communication  system,  hereinafter  referred  to  as  an  ERS  system  (ERS  -  Electronic  Reporting 
System), capable of recording and transmitting the data on the fishing activities, hereinafter referred to 
as ERS data, throughout the period the vessel is in Guinea-Bissau waters. A European vessel that is 
not equipped with an ERS system, or whose ERS system is not working, is not authorised to begin a 
fishing operation in Guinea-Bissau waters.  

2.  The  flag  Member  State  and  Guinea-Bissau  shall  both  ensure  that  their  national  fisheries 
monitoring  centres  (FMC)  are  equipped  with  the  necessary  IT  equipment  and  software  for 
automatically 
format  available  on 
http://ec.europa.eu/cfp/control/codes/index_en.htm and saving the ERS data for at least [3] years. 
Any amendment or update of the format must be identified and dated and enter into force after a 6-
month period. 

the  ERS  data 

transmitting 

the  XML 

in 

3.  The  ERS  data  shall  be  transmitted  using  the  electronic  means  of  communication  operated  by  the 
European Commission on behalf of the EU. 

4. The Parties shall ensure that the ERS data are registered sequentially. 

5.  The  flag  Member  State  and  Guinea-Bissau  shall  ensure  that  their  FMCs  exchange  the  relevant 
names,  e-mail  addresses  and  telephone  and  fax  numbers.  Any  later  changes  to  this  data  shall  be 
communicated without delay. 

Transmission of ERS data 

6. All EU vessels fishing under this Protocol: 

(a) 

(b) 

(c) 

(d) 

(e) 

shall keep an electronic logbook for each day they are in Guinea-Bissau waters. 
Each species shall be identified by its FAO alpha 3 code, in kilograms of live 
weight or, if necessary, the number of individual fish; 

shall  communicate  the  quantities  held  onboard  for  each  of  the  species 
identified  on  the  fishing  authorisation,  on  each  entry  into  and  departure  from 
Guinea-Bissau waters, the provisions of Chapter VII notwithstanding;  

shall record the catches made in Guinea-Bissau waters by species and for each 
haul,  identifying  the  quantities  caught  and  the  discarded  catches.  For  the 
species identified on the fishing authorisation, the master must also indicate the 
absence of catches;  

shall  record  by  species 
the  quantities 
notwithstanding the provisions of Chapter V; 

transhipped  and/or  unloaded, 

shall send the ERS data electronically to the FMC of its flag State before 23:59 
UTC. 

7. The master shall be responsible for the accuracy of the ERS data recorded and sent.  

EN 

38 

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8. The flag State shall ensure that its FMC sends the ERS data to the Guinea-Bissau FMC immediately 
in accordance with the procedures and format indicated in paragraph 2.  

9. The Guinea-Bissau FMC: 

a. shall process all the ERS data in a confidential manner; 

b.  shall  send  the  ERS  data  to  the  FMC  of  the  vessel's  flag  State  within  48  hours  of  each 

transhipment and/or unloading operation.  

Technical failure 

10.  The  flag  State  of  an  EU  vessel  shall  ensure  that  the  master,  the  owner,  or  his  representative,  is 
informed immediately of any technical failure of the ERS system installed on his vessel. 

11. In the event of a technical failure of the ERS system, the master and/or the owner shall ensure that 
the ERS system is repaired or replaced within a period of [one month] of the breakdown.  

12. Every EU vessel fishing with a defective ERS system shall send the ERS data to the FMC of its 
flag State each day before 23:59 UTC by any other available electronic means of communication. 

Non-receipt of ERS data 

13.  The  Guinea-Bissau  FMC  shall  notify  the  FMC  of  the  competent  flag  State  and  the  EU  without 
delay  of  any  interruption  in  the  transmission  of  ERS  data  from  an  EU  vessel  fishing  under  this 
Protocol.  

14.  Following  receipt  of  this  notification,  the  FMC  of  the  flag  State  shall  immediately  identify  the 
reasons  for  which  the  ERS  data  could  not  be  sent  and  take  the  appropriate  measures  to  resolve  the 
problem. The FMC of the flag State shall immediately inform the FMC of Guinea-Bissau and the EU 
of the causes identified and the corresponding corrective measures.  

15. The missing ERS data shall be sent by the FMC  of the flag State to the FMC of Guinea-Bissau 
without delay. 

16. In the event of the FMC of Guinea-Bissau not working, the European Union shall send Guinea-
Bissau  the  aggregate  ERS  data  of  the  European  vessels  which  had  been  fishing  in  its  waters,  on  a 
monthly basis. 

EN 

39 

   EN 

 
 
 
Appendix 5 

Communication of VMS messages to Guinea-Bissau 

Data Element 

Field 
code 

Compulsory/
Optional 

Remarks 

Start record 

Address 

From 

Record number 

Record date 

Record time 

Type of message 

Name of the vessel 

SR 

AD 

FR 

RN 

RD 

RT 

TM 

NA 

External  registration 

XR 

number 

Radio call sign  

Name of master 

RC 

MA 

Internal 

reference 

IR 

number 

Latitude 

Longitude 

Speed 

Course 

Date 

Time 

End of record 

Format details 

LT 

LG 

SP 

CO 

DA 

TI 

ER 

C 

C 

C 

O 

O 

O 

C 

O 

O 

C 

C 

C 

C 

C 

C 

C 

C 

C 

C 

System detail; indicates start of record 

Message detail; destination Party Alfa-3 ISO country code 

Message detail; sending Party Alfa-3 ISO country code 

Message  detail;  serial  number  of  the  record  for  the  relevant 
year 

Message detail; date of transmission 

Message detail; time of transmission 

Message detail; message type: 'ENT', 'POS' or 'EXI' 

Name of the vessel 

Vessel detail; the side number of the vessel 

Vessel detail; international radio call sign of the vessel 

Name of the master of vessel 

Vessel detail; Unique Party vessel number as Alfa-3 ISO flag 
country code followed by number 

Position detail; position ± 99.999 (WGS-84) 

Position detail; position ±999.999 (WGS-84) 

Position detail; vessel speed in tens of knots  

Position detail; vessel course 360° scale 

Position detail; UTC date of position (YYYYMMDD) 

Position detail; UTC time of position (HHMM) 

System detail; indicates end of record 

EN 

40 

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Each data transmission is structured as follows: 

- a double slash (//) and the characters 'SR' indicate the start of a message, 

- a double slash (//) and field code indicates the start of a data element, 

- a single slash (/) separates the field code and the data, 

- a space separates pairs of data, 

- the characters 'ER' and a double slash (//) indicate the end of a record. 

EN 

41 

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Appendix 6 
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°. 

2. 

2.1 

2.2 

2.3 

Authorised gear 

Standard otter trawls and other selective gear are authorised. 

Outriggers are authorised. 

In the case of all fishing gear, no methods or devices may be used to seek to obstruct the mesh of the nets or reduce 
their selective effect. However, in the interests of reducing wear or damage, protective aprons of netting or other 
material may be attached, but only to the underside of the codend of a bottom trawl. Such aprons must be attached 
only to the 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. 

2.4 

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

3. 

Minimum authorised mesh 

70mm 

4. 

By-catches 

In accordance with Guinea-Bissau law: 

4.1 

4.2 

4.3 

4.4 

Fin-fish  trawlers  may  not  hold  on  board  crustaceans  or  cephalopods  accounting  for  more  than  9  %  of  their  total 
catch in Guinea-Bissau's fishing zone at the end of a trip. 

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. 

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  on  the  basis  of  a 
recommendation from the Joint Scientific Committee. 

5. 

Authorised tonnage/fees 

5.1 

Authorised tonnage (GRT)  

3 500 GRT per year 

5.2 

Fees in EUR per GRT  

EUR 256 per GRT per year 

In the case of three-month and six-month licences, the 
fees  shall  be  calculated  on  a  pro  rata  temporis  basis 
according to the length of time, plus [4] % and [2.5] % 
respectively. 

EN 

42 

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DATASHEET No 2 - FISHING CATEGORY 2:  
SHRIMP TRAWLERS 

1. 

Fishing zone 

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

2. 

2.1 

2.2 

2.3 

2.4 

3. 

Authorised gear 

Standard otter trawls and other selective gear are authorised. 

Outriggers are authorised. 

In the case of all fishing gear, no methods or devices may be used to seek to obstruct the mesh of the nets or reduce 
their selective effect. However, in the interests of reducing wear or damage, protective aprons of netting or other 
material may be attached, but only to the underside of the codend of a bottom trawl. Such aprons must be attached 
only to the 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. 

Minimum authorised mesh 

50mm.  

4. 

By-catches 

In accordance with Guinea-Bissau law: 

Shrimp trawlers may not hold on board fish and cephalopods accounting for more than 50 % of their total catch in 
Guinea-Bissau's fishing zone at the end of a trip. 

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  on  the  basis  of  a 
recommendation from the Joint Scientific Committee. 

4.1 

4.2 

4.3 

5. 

5.1 

Authorised tonnage/fees 

Authorised tonnage (GRT)  

5.2 

Fees in EUR per GRT  

3 700 GRT per year 

EUR 344 per GRT per year 

In the case of three-month and six-month licences, the 
fees  shall  be  calculated  on  a  pro  rata  temporis  basis 
according to the length of time, plus [4] % and [2.5] % 
respectively. 

EN 

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

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. 

Authorised gear: 

Poles and lines 

Purse seines with live bait: 16 mm 

By-catches:  

In accordance with the Convention on Migratory Species (CMS) and with the ICCAT resolutions, fishing for 
the  basking  shark  (Cetorhinus  maximus),  white  shark  (Carcharodon  carcharias),  bigeye  thresher  shark 
(Alopias superciliosus), hammerhead sharks in the Sphyrnidae family (with the exception of the bonnethead 
shark), oceanic  whitetip  shark (Carcharhinus  longimanus) and  the  silky shark (Carcharhinus falciformis) is 
not allowed. Fishing for the sandtiger shark (Carcharias taurus) and the tope shark (Galeorhinus galeus) is not 
allowed. 

The  two  Parties  shall  consult  within  the  Joint  Committee  to  update  this  list  on  the  basis  of  scientific 
recommendations. 

Authorised tonnage/Fees: 

Additional fee per tonne fished 

EUR 25 per tonne 

1. 

1.1 

1.2 

2. 

2.1 

2.2 

3. 

3.1 

3.2 

4. 

4.1 

4.2 

Annual flat-rate fee: 

EUR 550 for 22 tonnes per vessel  

4.3 

Number of vessels authorised to fish 

12 vessels 

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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°. 

2. 

Authorised gear: 

Seine and surface longline. 

3. 

By-catches:  

In  accordance  with  the  Convention  on  Migratory  Species  (CMS)  and  with  the  ICCAT  resolutions,  fishing  for  the 
basking  shark  (Cetorhinus  maximus),  white  shark  (Carcharodon  carcharias),  bigeye  thresher  shark  (Alopias 
superciliosus),  hammerhead  sharks  in  the  Sphyrnidae  family  (with  the  exception  of  the  bonnethead  shark),  oceanic 
whitetip shark (Carcharhinus longimanus) and the silky shark (Carcharhinus falciformis) is not allowed. Fishing for the 
sandtiger shark (Carcharias taurus) and the tope shark (Galeorhinus galeus) is not allowed. 

The two Parties shall consult within the Joint Committee to update this list on the basis of scientific recommendations. 

4. 

Authorised tonnage/fees 

4.1 

Additional fee per tonne caught 

EUR 35 per tonne 

4.2 

Annual flat-rate fee: 

EUR 3 500 for 100 tonnes per vessel  

4.3 

Number of vessels authorised to fish  

28 vessels 

Concept of trip: 

For the purposes of this Appendix, the duration of a trip by a European 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. 

EN 

45 

   EN