CELEX: 52003PC0593
Language: en
Date: 2003-10-10
Title: Proposal for a Council Regulation on the conclusion of the Agreement in the form of an Exchange of Letters concerning the provisional application of amendments to the Protocol establishing the fishing opportunities and the compensation provided for in the Agreement between the European Economic Community and the Government of the Republic of Guinea-Bissau on fishing off the coast of Guinea-Bissau for the period 16 June 2001 to 15 June 2006, and Council Decision of 26 February 2001 setting the terms for financial support to Guinea-Bissau in the fisheries sector

COMMISSION OF THE EUROPEAN COMMUNITIES
                                                    Brussels, 10.10.2003
                                                    COM(2003)593 final
                                                    2003/0227 (CNS)
                                       Proposal for a
                               COUNCIL REGULATION
 on the conclusion of the Agreement in the form of an Exchange of Letters concerning
   the provisional application of amendments to the Protocol establishing the fishing
    opportunities and the compensation provided for in the Agreement between the
European Economic Community and the Government of the Republic of Guinea-Bissau
 on fishing off the coast of Guinea-Bissau for the period 16 June 2001 to 15 June 2006,
  and Council Decision of 26 February 2001 setting the terms for financial support to
                           Guinea-Bissau in the fisheries sector
                                             .
                              (presented by the Commission)
 ---pagebreak---                              EXPLANATORY MEMORANDUM
The Protocol attached to the Fisheries Agreement between the European Community and the
Government of the Republic of Guinea-Bissau covers the period from 16 June 2001 to 15
June 2006.
The two Parties met in Bissau on 19 and 20 May 2003, within the Joint Committee provided
for in Article 11 of the Agreement between Guinea-Bissau and the European Community, to
analyse all aspects of the implementation of the provisions of the Protocol on fisheries and the
ad hoc Council Decision of 26 February 20011.
They noted the difficulties encountered with the utilisation of fishing rights, in particular the
low utilisation of licences in the shrimp trawler segment.
The two Parties agreed to amend some of the technical characteristics of the Protocol and,
with the priority on the protection and good management of Guinea-Bissau’s fisheries
resources, agreed that they should, by way of precaution, reduce fishing effort in certain
fisheries in the final two years covered by the Protocol (16 June 2004 - 15 June 2006) in
accordance with the guidelines set out in the interim reports following scientific monitoring
campaigns.
The two delegations also agreed on the principle of reprogramming specific support measures
for the fisheries sector and of devising a programming method and allocating financial
resources to this end (financing a scientific programme to improve information on fisheries
resources and monitoring of the evolution of resources; support for improved health and
hygiene conditions in the fisheries sector; institutional support for the Ministry of Fisheries;
support for investments in the small-scale fishing sector; fisheries monitoring and control).
The Republic of Guinea-Bissau also agreed to review all agreements (bilateral and/or private
agreements) currently in force with a view to reducing fishing effort in segments which are
over-exploited, guaranteeing compliance with commitments to promote responsible fishing,
reviewing fisheries agreements, putting a freeze on new bilateral and private agreements, and
strengthening fisheries monitoring policy so as to ensure the rational management of fisheries
resources.
The Commission proposes, on this basis, that the Council adopt by Regulation the exchange
of letters with the amendments to the Protocol and to the Council Decision of 26 February
2001.
1
        OJ L 66, 8.3.2001.
                                                2
 ---pagebreak---                                                         2003/0227 (CNS)
                                          Proposal for a
                                    COUNCIL REGULATION
  on the conclusion of the Agreement in the form of an Exchange of Letters concerning
    the provisional application of amendments to the Protocol establishing the fishing
     opportunities and the compensation provided for in the Agreement between the
 European Economic Community and the Government of the Republic of Guinea-Bissau
  on fishing off the coast of Guinea-Bissau for the period 16 June 2001 to 15 June 2006,
   and Council Decision of 26 February 2001 setting the terms for financial support to
                                Guinea-Bissau in the fisheries sector
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular
Article 37 in conjunction with Article 300(2) and the first subparagraph of Article 300(3)
thereof,
Having regard to the proposal from the Commission2,
Having regard to the opinion of the European Parliament3,
Whereas:
(1)     In accordance with the Agreement between the European Economic Community and
        the Government of the Republic of Guinea-Bissau on fishing off the coast of Guinea-
        Bissau4, the two Parties met within the Joint Committee provided for in Article 11 of
        that Agreement. The aim of this meeting was to analyse all aspects of the
        implementation of the provisions of the Protocol establishing the fishing opportunities
        and the financial compensation provided for in the Agreement for the period from 16
        June 2001 to 15 June 20065 and of the ad hoc Council Decision of 26 February 20016
        so as to determine any amendments or additions to be made.
(2)     Following this meeting, an exchange of letters setting out technical changes and
        changes to the fishing opportunities and compensation provided for in the above
        Agreement and Decision was signed on 20 May 2003.
(3)     It is in the Community’s interest to approve that exchange of letters.
2
        OJ C […], […], p. […].
3
        OJ C […], […], p. […].
4
        OJ L 226, 29.8.1980, p. 33.
5
        OJ L 19, 22.1.2002, p. 35.
6
        OJ L 66, 8.3.2001, p. 33.
                                                 3
 ---pagebreak--- (4)     The method of allocating the fishing opportunities among the Member States should
        be defined on the basis of the traditional allocation of fishing opportunities under the
        Fisheries Agreement,
HAS ADOPTED THIS REGULATION:
                                            Article 1
The Agreement in the form of an Exchange of Letters concerning the provisional application
of amendments to the Protocol establishing the fishing opportunities and the compensation
provided for in the Agreement between the European Economic Community and the
Government of the Republic of Guinea-Bissau on fishing off the coast of Guinea-Bissau for
the period 16 June 2001 to 15 June 2006, and Council Decision of 26 February 2001 setting
the terms for financial support to Guinea-Bissau in the fisheries sector is hereby approved on
behalf of the Community.
The text of the Agreement is attached to this Regulation.
                                            Article 2
1.       The fishing opportunities provided for in the Agreement shall be allocated among the
         Member States as follows:
         (a) shrimp:
           Italy                               1 776 GRT
           Spain                                1421 GRT
           Portugal                            1 066 GRT
           Greece                                 137 GRT;
         (b) fin-fish/cephalopods:
           Spain                               3 143 GRT
           Italy                                  786 GRT
           Greece                                 471 GRT;
         (c) tuna seiners:
           Spain                                   20 vessels
           France                                  19 vessels
           Italy                                    1 vessel;
                                                4
 ---pagebreak---         (d) surface longliners and pole-and-line vessels:
          Spain                                    21 vessels
          France                                    5 vessels
          Portugal                                  4 vessels.
2.      If licence applications from the Member States referred to in paragraph 1 do not
        cover all the fishing opportunities fixed by the Protocol, the Commission may
        consider licence applications from any other Member State.
                                            Article 3
The Member States whose vessels are fishing under the Agreement are obliged to notify the
Commission of the quantities of each stock taken in Guinea-Bissau’s fishing zone in
accordance with the arrangements laid down in Commission Regulation (EC) No 500/20017.
                                            Article 4
The President of the Council is hereby authorised to designate the persons empowered to sign
the Agreement in order to bind the Community.
                                            Article 5
This Regulation shall enter into force on the day following its publication in the Official
Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels,
                                              For the Council
                                              The President
7
       OJ L 73, 15.3.2001, p. 8.
                                                5
 ---pagebreak---                                           AGREEMENT
                              in the form of an Exchange of Letters
   concerning the provisional application of amendments to the Protocol establishing the
  fishing opportunities and the compensation provided for in the Agreement between the
European Economic Community and the Government of the Republic of Guinea-Bissau
   on fishing off the coast of Guinea-Bissau for the period 16 June 2001 to 15 June 2006,
    and Council Decision of 26 February 2001 setting the terms for financial support to
                               Guinea-Bissau in the fisheries sector8
A.       Letter from the Government of the Republic of Guinea-Bissau
Sir,
With reference to the Protocol initialled on 30 May 2001 establishing the fishing
opportunities and the compensation for the period 16 June 2001 to 15 June 2006, the detailed
rules for implementing the Council Decision of 26 February 2001 (OJ L 66, 8.3.2001) and the
result of the meeting of the Joint Committee on 19-20 May 2003, I hereby inform you that the
Government of the Republic of Guinea-Bissau is ready to apply the following amendments to
the Protocol on a provisional basis, with effect from 16 June 2003, pending its entry into
force in accordance with Article 9 thereof, provided that the Community is prepared to do the
same.
1.        From 16 June 2004, until the expiry of the Protocol, the fishing opportunities
          granted pursuant to Article 4 of the Agreement shall be as follows:
          (a)    freezer shrimp trawlers: 4 400 gross registered tonnes (GRT);
          (b)    freezer fin-fish and cephalopod trawlers: 4 400 gross registered tonnes (GRT);
          (c)    freezer tuna seiners: 40 vessels;
          (d)    pole-and-line tuna vessels and surface longliners: 30 vessels.
2.        The two Parties have agreed to allow exchanges of fishing rights between the first
          two categories (freezer shrimp trawlers and freezer fin-fish and cephalopod trawlers)
          in the period 16 June 2003 to 15 June 2004, this flexibility being needed to ensure
          that the Protocol on fisheries is more efficiently used.
3.        From 16 June 2004, the compensation provided for in Article 9 of the Agreement
          shall be EUR 7 260 000 per year.
8
         OJ L 66, 8.3.2001.
                                                   6
 ---pagebreak--- 4. The support measures in the fisheries sector shall be financed from financial resources
   available under the Council Decision of 26 February 2001 (EUR 3 250 000). Once the
   Commission has accepted the implementation report for the first instalment (ad hoc
   measure of 26 February 2001), it shall pay these financial resources up to a total
   EUR 3 250 000 by way of advance for the implementation of measures programmed
   jointly. Any transfers shall be decided on by agreement between the two Parties in
   accordance with the arrangements provided for below.
5. The support measures in the fisheries sector provided for in the Protocol on fisheries
   (Article 4) and in the Decision of 26 February 2001 and the related financial resources
   shall be reprogrammed on the basis of the following principles:
   (a)    financing of a Guinea-Bissau scientific or technical programme to improve
          information on fisheries resources, the monitoring of the evolution of
          resources in Guinea-Bissau’s fishing zone and the functioning of the fisheries
          research laboratory, in particular as regards improving health and hygiene
          conditions in the fisheries sector;
   (b)    institutional support for the Ministry of Fisheries including technical assistance
          to set up and monitor the above measures and funding of awards for study and
          practical training in the various scientific, technical and economic disciplines
          relating to fisheries. The awards may also be used in any State linked with the
          Community by a cooperation agreement. At the request of the Guinea-Bissau
          authorities, part of that sum may be used to cover the costs of participation in
          international meetings or training courses concerning fisheries or the
          organisation of seminars on fishing in Guinea-Bissau;
   (c)    support for investments in the small-scale fishing sector;
   (d)    fisheries surveillance (purchasing equipment, administrative costs of
          monitoring, technical assistance, hiring equipment, and monitoring measures
          in conjunction with other countries and organisations in the region and/or the
          European Union), including the possibility of meeting the cost of setting up a
          satellite monitoring system (VMS) for fishing vessels.
   The technical and financial programming of these measures shall be agreed between
   the Government of the Republic of Guinea-Bissau and the European Commission, in
   annual instalments by the following dates: 16 June 2004 and 16 June 2005. The
   related payments shall be conditional on the presentation by the Government of the
   Republic of Guinea-Bissau of a detailed implementation report and its acceptance by
   the European Commission.
                                           7
 ---pagebreak--- 6.       The Republic of Guinea-Bissau also agrees to review all agreements (bilateral and/or
         private agreements) other than those with UEMOA member states, with a view to:
         –     reducing fishing effort in segments which are over-exploited, particularly
               shrimp fishing;
         –     guaranteeing compliance with the provisions of Article 3 of the Protocol which
               stipulates that “the two Parties undertake to promote responsible fishing in
               Guinea-Bissau waters based on the principle of non-discrimination between
               the different fleets fishing in these waters”;
         –     placing a freeze on new bilateral and private agreements as regards the fishing
               arrangements provided for in the Agreement between the EC and the Republic
               of Guinea-Bissau until the Parties reach agreement.
         The review of the fisheries agreements and the renegotiation thereof with a view to
         bringing the financial compensation into line with the Agreement with the European
         Community or to terminating them must be finalised by 16 June 2004.
         Failure to comply with these undertakings shall automatically give the other party
         the right to terminate the agreement and cancel any financial transfers from the date
         of termination.
7.       In addition, and in order to finalise the support measures provided for in the first
         instalment of the Decision of 26 February 2001, the Government of the Republic of
         Guinea-Bissau shall transfer irrevocably to a joint-signature account administered by
         the secretariat of state for fisheries and the European Commission delegation in
         Bissau, by 15 October 2003, the amounts yet to be implemented under the first
         instalment of the Council Decision of 26 February 2001 (EUR 1 782 655).
         Future transfers relating to the support measures in the fisheries sector shall be made
         by the European Commission directly to this account.
8.       The second paragraph of point 5.3 of the Annex to the Protocol on fisheries is
         hereby amended by adding the following sentence:
         “If the fishing season does not exceed one month, the shipowners’ contribution shall
         be limited to the payment of one month’s salary (EUR 400).”
I should be obliged if you would confirm the Community’s agreement to such provisional
application.
Please accept, Sir, the assurance of my highest consideration.
                                          For the Government of the Republic of Guinea-Bissau
                                                  8
 ---pagebreak--- B.      Letter from the Community
Sir,
I have the honour to acknowledge receipt of your letter of today’s date, which reads as
follows:
“Sir,
With reference to the Protocol initialled on 30 May 2001 establishing the fishing
opportunities and the compensation for the period 16 June 2001 to 15 June 2006, the detailed
rules for implementing the Council Decision of 26 February 2001 (OJ L 66, 8.3.2001) and the
result of the meeting of the Joint Committee on 19-20 May 2003, I hereby inform you that the
Government of the Republic of Guinea-Bissau is ready to apply the following amendments to
the Protocol on a provisional basis, with effect from 16 June 2003, pending its entry into
force in accordance with Article 9 thereof, provided that the Community is prepared to do the
same.
1.        From 16 June 2004, until the expiry of the Protocol, the fishing opportunities
          granted pursuant to Article 4 of the Agreement shall be as follows:
          (a)    freezer shrimp trawlers: 4 400 gross registered tonnes (GRT);
          (b)    freezer fin-fish and cephalopod trawlers: 4 400 gross registered tonnes (GRT);
          (c)    freezer tuna seiners: 40 vessels;
          (d)    pole-and-line tuna vessels and surface longliners: 30 vessels.
2.        The two Parties have agreed to allow exchanges of fishing rights between the first
          two categories (freezer shrimp trawlers and freezer fin-fish and cephalopod trawlers)
          in the period 16 June 2003 to 15 June 2004, this flexibility being needed to ensure
          that the Protocol on fisheries is more efficiently used.
3.        From 16 June 2004, the compensation provided for in Article 9 of the Agreement
          shall be EUR 7 260 000 per year.
4.        The support measures in the fisheries sector shall be financed from financial resources
          available under the Council Decision of 26 February 2001 (EUR 3 250 000). Once the
          Commission has accepted the implementation report for the first instalment (ad hoc
          measure of 26 February 2001), it shall pay these financial resources up to a total
          EUR 3 250 000 by way of advance for the implementation of measures programmed
          jointly. Any transfers shall be decided on by agreement between the two Parties in
          accordance with the arrangements provided for below.
                                                   9
 ---pagebreak--- 5. The support measures in the fisheries sector provided for in the Protocol on fisheries
   (Article 4) and in the Decision of 26 February 2001 and the related financial resources
   shall be reprogrammed on the basis of the following principles:
   (a)    financing of a Guinea-Bissau scientific or technical programme to improve
          information on fisheries resources, the monitoring of the evolution of
          resources in Guinea-Bissau’s fishing zone and the functioning of the fisheries
          research laboratory, in particular as regards improving health and hygiene
          conditions in the fisheries sector;
   (b)    institutional support for the Ministry of Fisheries including technical assistance
          to set up and monitor the above measures and funding of awards for study and
          practical training in the various scientific, technical and economic disciplines
          relating to fisheries. The awards may also be used in any State linked with the
          Community by a cooperation agreement. At the request of the Guinea-Bissau
          authorities, part of that sum may be used to cover the costs of participation in
          international meetings or training courses concerning fisheries or the
          organisation of seminars on fishing in Guinea-Bissau;
   (c)    support for investments in the small-scale fishing sector;
   (d)    fisheries surveillance (purchasing equipment, administrative costs of
          monitoring, technical assistance, hiring equipment, and monitoring measures
          in conjunction with other countries and organisations in the region and/or the
          European Union), including the possibility of meeting the cost of setting up a
          satellite monitoring system (VMS) for fishing vessels.
   The technical and financial programming of these measures shall be agreed between
   the Government of the Republic of Guinea-Bissau and the European Commission, in
   annual instalments by the following dates: 16 June 2004 and 16 June 2005. The
   related payments shall be conditional on the presentation by the Government of the
   Republic of Guinea-Bissau of a detailed implementation report and its acceptance by
   the European Commission.
6. The Republic of Guinea-Bissau also agrees to review all agreements (bilateral and/or
   private agreements) other than those with UEMOA member states, with a view to:
   –      reducing fishing effort in segments which are over-exploited, particularly
          shrimp fishing;
   –      guaranteeing compliance with the provisions of Article 3 of the Protocol which
          stipulates that “the two Parties undertake to promote responsible fishing in
          Guinea-Bissau waters based on the principle of non-discrimination between
          the different fleets fishing in these waters”;
   –      placing a freeze on new bilateral and private agreements as regards the fishing
          arrangements provided for in the Agreement between the EC and the Republic
          of Guinea-Bissau until the Parties reach agreement.
                                            10
 ---pagebreak---          The review of the fisheries agreements and the renegotiation thereof with a view to
         bringing the financial compensation into line with the Agreement with the European
         Community or to terminating them must be finalised by 16 June 2004.
         Failure to comply with these undertakings shall automatically give the other party
         the right to terminate the agreement and cancel any financial transfers from the date
         of termination.
7.       In addition, and in order to finalise the support measures provided for in the first
         instalment of the Decision of 26 February 2001, the Government of the Republic of
         Guinea-Bissau shall transfer irrevocably to a joint-signature account administered by
         the secretariat of state for fisheries and the European Commission delegation in
         Bissau, by 15 October 2003, the amounts yet to be implemented under the first
         instalment of the Council Decision of 26 February 2001 (EUR 1 782 655).
         Future transfers relating to the support measures in the fisheries sector shall be made
         by the European Commission directly to this account.
8.       The second paragraph of point 5.3 of the Annex to the Protocol on fisheries is
         hereby amended by adding the following sentence:
         ‘If the fishing season does not exceed one month, the shipowners’ contribution shall
         be limited to the payment of one month’s salary (EUR 400).’ ”
I have the honour to confirm the Community’s agreement to such provisional application.
Please accept, Sir, the assurance of my highest consideration.
                                               On behalf of the Council of the European Union
                                               11
 ---pagebreak--- LEGISLATIVE FINANCIAL STATEMENT
Policy area(s): External aspects of fishery policy
Activity(ies): International Fisheries Agreements
TITLE OF ACTION:
         NEW      EXCHANGE OF LETTERS MAKING AMENDMENTS TO THE PROTOCOL
         ESTABLISHING THE FISHING OPPORTUNITIES AND THE COMPENSATION PROVIDED FOR
         IN THE AGREEMENT BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND THE
         GOVERNMENT OF THE REPUBLIC OF GUINEA-BISSAU ON FISHING OFF THE COAST OF
         GUINEA-BISSAU FOR THE PERIOD 16 JUNE 2001 TO 15 JUNE 2006, AND COUNCIL
         DECISION OF 26 FEBRUARY 2001 SETTING THE TERMS FOR FINANCIAL SUPPORT TO
         GUINEA-BISSAU IN THE FISHERIES SECTOR. NEW PROTOCOL ESTABLISHING THE
         FISHING OPPORTUNITIES AND COMPENSATION UNDER THE EC/GUINEA-BISSAU
         FISHERIES AGREEMENT
1.       BUDGET LINE(S) + HEADING(S)
         B78000 + B7800A: International Fisheries Agreements
2.       OVERALL FIGURES
2.1      Total allocation for action (Part B): EUR 17.82 million for commitment
2.2      Period of application: 2004 - 2006
2.3      Overall multiannual estimate of expenditure: EUR 19.95 million
(a) Schedule of commitment appropriations/payment appropriations (financial intervention)
(see point 6.1.1)
                                                 EUR million (to three decimal places)
                            Year n                                       n+5
                                      n+1     n+2     n+3      n+4        and    Total
                                                                         subs.
                                                                         years
    Commitments              7.260    7.260                                ---  14.520
                             2.000    1.250                                      3.250
    Payments                 9.260    8.510                                ---  17.770
(b) Technical and administrative assistance and support expenditure(see point 6.1.2)
        Commitments                 0,050                                       0,050
          Payments                  0,050                                       0,050
         Subtotal a+b
    Commitments            9.260    8.560                              ---      17.820
    Payments               9.260    8.560                              ---      17.820
                                              12
 ---pagebreak--- (c) Overall financial impact of human resources and other administrative expenditure
(see points 7.2 and 7.3)
    Commitments/payments          1.090       1.090                                   ---          2.180
        TOTAL a+b+c
    Commitments                10.350      9.650                                      ---        20,000
    Payments                   10.350      9.650                                      ---        20,000
2.4      Compatibility with financial programming and financial perspective
         X      Proposal is compatible with existing financial programming.
         ¨      Proposal will entail reprogramming of the relevant heading in the financial
         perspective.
         ¨      Proposal may require application of the provisions of the Interinstitutional
         Agreement.
2.5      Financial impact on revenue:
         X      Proposal has no financial implications (involves technical aspects regarding
         implementation of a measure)
         OR
         ¨      Proposal has financial impact – the effect on revenue is as follows:
         (NB All details and observations relating to the method of calculating the effect on
         revenue should be shown in a separate annex.)
                                                               EUR million (to one decimal place)
                                                      Prior to          Situation following action
                                                       action
                                                     (Year n-
          Budget line Revenue                            1)     Year n+1       n+2       n+3     n+4     n+5
                                                                 n³
                      (a) Revenue in absolute terms
                      (b) Change in revenue²          D
         (Please specify each budget line involved, adding the appropriate number of rows to
         the table if there is an effect on more than one budget line.)
3.       BUDGET CHARACTERISTICS
   Type of expenditure               New                 EFTA        Contributions           Heading in
                                                    contribution           form                financial
                                                                        applicant            perspective
                                                                        countries
    Comp             Diff            NO                     NO              NO                  No […]
                                                          13
 ---pagebreak--- 4.       LEGAL BASIS
         –      Article 37 of the Treaty, in conjunction with Article 300(2) and the first
                subparagraph of Article 300(3);
         –      EC/Guinea-Bissau Fisheries Agreement (Council Regulation (EEC) No 2213/80
                of 29 August 1980)
5.       DESCRIPTION AND GROUNDS
5.1      Need for Community intervention
5.1.1.   Objectives pursued
The Protocol attached to the Fisheries Agreement between the European Community and the
Government of the Republic of Guinea-Bissau covers the period from 16 June 2001 to 15 June
2006.
The two Parties met in Bissau on 19 and 20 May 2003, within the Joint Committee provided for
in Article 11 of the Agreement between Guinea-Bissau and the European Community, to analyse
all aspects of the implementation of the provisions of the Protocol on fisheries and the ad hoc
Council Decision of 26 February 20019.
The two Parties agreed to amend some of the technical characteristics of the Protocol and, with
the priority on the protection and good management of Guinea-Bissau’s fisheries resources,
agreed that they should, by way of precaution, reduce fishing effort in certain fisheries in the
final two years covered by the Protocol (16 June 2004 – 15 June 2006) in accordance with the
guidelines set out in the interim reports following scientific monitoring campaigns.
The purpose of these changes is to allow Community shipowners to continue fishing (in
particular focusing on fin-fish and cephalopods) in Guinea-Bissau’s exclusive economic zone
(EEZ) in accordance with the arrangements set out in the exchange of letters initialled by the
Commission, on behalf of the Community, and the Guinea-Bissau negotiators at the conclusion
of the meeting which took place in Bissau on 19-20 May 2003.
The two delegations also agreed on the principle of reprogramming specific support measures for
the fisheries sector and of devising a programming method and allocating financial resources to
this end (financing a scientific programme to improve information on fisheries resources and
monitoring of the evolution of resources; support for improved health and hygiene conditions in
the fisheries sector; institutional support for the Ministry of Fisheries; support for investments in
the small-scale fishing sector; fisheries monitoring and control).
5.1.2.   Measures taken in connection with ex-ante evaluation
The Protocol has been evaluated (for the period 2001-2003) by the relevant departments of the
Commission’s Directorate-General for Fisheries.
Total fishing opportunities under the 2001-2006 Protocol comprised 12 400 GRT for trawler
fishing (9 600 GRT for shrimps and 2 800 GRT for cephalopods and fin-fish). For tuna fishing,
the fishing opportunities covered 40 tuna seiners and 36 pole-and-line tuna vessels and surface
longliners.
9
        OJ L 66, 8.3.2001.
                                                 14
 ---pagebreak--- The evaluation shows that average utilisation in terms of issue of licences was low for trawler
fishing, with annual utilisation rates between 22% and 36% for shrimp fishing, while the
utilisation rate for fin fish/cephalopods reached 80% in 2002-2003. For tuna fishing, the issue of
licences was highly satisfactory for the key category tuna seiners (between 73% and 83%) and
more modest for the category surface longliners and pole-and-line vessels (between 44% and
53% depending on the year).
The low utilisation of licences in the shrimp trawler segment triggered the Commission’s request
for a meeting within the Joint Committee which led to changes to the technical characteristics of
the Protocol on fisheries and the ad hoc Decision.
Moreover, the flexibility allowed in the period 16 June 2003 to 15 June 2004, i.e. allowing
exchanges of fishing rights between the first two categories (freezer shrimp trawlers and freezer
fin-fish and cephalopod trawlers), has already proved to be a good way of ensuring that the
Protocol on fisheries is more efficiently used.
5.1.3. Measures taken in connection with ex-post evaluation
The Commission departments only received the final programming relating to the targeted
measures for the first year of the Protocol from Guinea-Bissau at the end of 2002. The payment
was made on 12 December 2002. There are still two instalments of the Protocol to be used for
2002 and 2003 (EUR 2 000 000).
As regards the ad hoc measure, only 45% of the first instalment was used by the Guinea-Bissau
authorities for measures in the fisheries sector. In order to finalise the support measures provided
for in the first instalment of the Decision of 26 February 2001, the Government of the Republic
of Guinea-Bissau will transfer irrevocably to a joint-signature account administered by the
secretariat of state for fisheries and the European Commission delegation in Bissau, by 15
October 2003, the amounts yet to be implemented under the first instalment of the Council
Decision of 26 February 2001 (EUR 1 782 655). Future transfers relating to the support
measures in the fisheries sector will be made by the European Commission directly to this
account.
In-depth ex-post evaluation for the period of validity of the current Protocol including the years
2003-2006, will be carried out before presenting a proposal for the conclusion of a new Protocol.
5.2       Action envisaged and budget intervention arrangements
The changes to the Protocol made in the exchange of letters which was initialled on 20 May
2003 provide for fishing opportunities comprising 8 800 GRT for trawler fishing (3 600 GRT
less than under the previous Protocol, or –29%), divided into 4 400 GRT for shrimp fishing and
4 400 GRT for fin-fish and cephalopods. For tuna, fishing opportunities for tuna seiners remain
at 40 vessels, while those for pole-and-line tuna vessels and surface longliners have decreased
from 36 to 30 vessels.
Under the new Protocol (2004-2006) the EC will pay total financial compensation of
EUR 14 520 000 over 2 years, or EUR 7 260 000 per year, compared to the EUR 10 500 000 per
year provided for in the original Protocol.
In addition, as regards the support measures in the fisheries sector, once the Commission has
accepted the implementation report for the first instalment (ad hoc measure of 26 February
2001), it will pay these financial resources up to a total EUR 3 250 000 by way of advance for
the implementation of measures programmed jointly. Any transfers will be decided on by
agreement between the two Parties in accordance with the exchange of letters.
                                                15
 ---pagebreak---  The financial compensation, EUR 7 260 000, will be paid each year into an account to be
 indicated by the Guinea-Bissau authorities and opened with the Public Treasury. The Republic of
 Guinea-Bissau will have full discretion regarding the use to which this financial compensation is
 put. The first payment of this amount is to be made by 15 June 2004.
 5.3        Methods of implementation
 The Commission is solely responsible for implementing the Protocol and will do so through its
 officials posted in both Brussels and its Delegation in Guinea-Bissau.
 6.         FINANCIAL IMPACT
 6.1        Total financial impact on Part B (over the entire programming period)
 6.1.1.     Financial intervention                       Commitments in EUR million (to three
            decimal places)
                                 Year n   n+1       n+2       n+3       n+ 4     n + 5 and   Total
         Breakdown                                                                 subs.
                                                                                   Years
Action 1                       7.260    7.260                                              14.520
Action 2                       2.000    1.250                                              3.250
etc.
                     TOTAL     9.260    8.510                                              17.770
6.1.2 Technical and administrative assistance, support expenditure and IT expenditure
           (commitment appropriations)
                                 Year n   n+1       n+2       n+3       n+4      n + 5 and   Total
                                                                                   subs.
                                                                                   Years
1)       Technical         and
administrative assistance
(a) Technical assistance
offices
(b) Other technical and
administrative assistance:
- intra muros:
- extra muros:                          0,050                                              0,050
of which for construction
and      maintenance        of
computerised management
systems
                   Subtotal 1           0,050                                              0,050
2) Support expenditure
(a) Studies
(b) Meetings of experts
(c) Information and
publications
                   Subtotal 2
                     TOTAL              0,050                                              0,050
                                                16
 ---pagebreak--- 6.2.      Calculation of costs by measure envisaged in Part B (over the entire programming
          period)
                                                     Commitments in EUR million (to three decimal places)
            Breakdown                         Type               Number of             Average unit           Total cost
                                           of outputs              outputs                cost             (total for years
                                        (projects, files )     (total for years                                 1…n)
                                                                    1…n)
                                               1                       2                    3                 4=(2X3)
Action 1                               Fishing               -trawler fishing:                         1) EUR 7.260+
- Measure 1                            opportunities in      12 400 GRT.                               2.000 /year
- Measure 2                            exchange for a        - 40 tuna seiners
Action 2                               financial             -     36     surface
                                                                                                       2) EUR 7.260+
                                                             longliners       and
- Measure 1                            contribution          pole-and-line                             1.250 /year
- Measure 2                                                  vessels
- Measure 3
                                       Financial
etc.
                                       support in the
                                       fisheries sector
          TOTAL COST                                                                                        EUR 17.770
                                                                                                             million (1)
(1)Total cost because the duration of the Protocol is five years.
7.        IMPACT ON STAFF AND ADMINISTRATIVE EXPENDITURE
7.1.      Impact on human resources
                          Staff to be assigned to management of the
                                                                                          Description of tasks deriving from the
                            action using existing and/or additional
                                                                                                          action
                                            resources
     Types of post                                                               Total
                              Number of                  Number of
                           permanent posts            temporary posts
                    A    6                                                     6         These human resources cover the entire
Officials       or
                    B    1                                                     1         unit responsible for bilateral
temporary staff
                    C    2                                                     2         agreements.
Other human resources                              1 DNE + 1 AUX C             2
Total                    9                         2                           11
7.2       Overall financial impact of human resources
                Type of human resources                           Amount in EUR                  Method of calculation *
Officials                                                                                EUR 108 000 * 9 (title A1, A2, A4,
                                                                              972 000
Temporary staff                                                                          A5, A7)
Other human resources                                                                    EUR 42 816 (DNE) + EUR 55 556
                                                                                98 372
                                    (specify budget line)                                (AUX C)
                                                       Total                1 070 372
The amounts are total expenditure for twelve months.
                                                           17
 ---pagebreak--- 7.3       Other administrative expenditure deriving from the action
Budget line
(number and heading)                                   Amount in EUR            Method of calculation
Overall allocation (Title A7)
A0701 – Missions
A07030 – Meetings                                                 18 480
A07031 – Compulsory committees 1                                   1 000 Scientific meeting
A07032 – Non-compulsory committees 1
A07040 – Conferences
A0705 – Studies and consultations
Other expenditure (specify)
Information systems (A-5001/A-4300)
Other expenditure - Part A (specify)
                                             Total                19 480
The amounts are total expenditure for twelve months.
(1)
    Specify the type of committee and the group to which it belongs.
I.      Annual total (7.2 + 7.3)                    € 1 089 852
II.     Duration of action                          2 years
III.    Total cost of action (I x II)               EUR 2 179 704
It is impossible to quantify the impact of a given protocol on the work load of the unit in the
Directorate-General for Fisheries responsible for this dossier.
Renewing protocols under existing fisheries agreements is one of the unit’s activities but does
not in itself have a specific impact on administrative expenditure. The needs for human and
administrative resources will in any case be covered within the allocation granted to the
managing department.
If the Protocol had not been concluded (initialled), this would equally have resulted in a
significant work load and substantial expenditure on visits and meetings.
8.        FOLLOW-UP AND EVALUATION
8.1       Follow-up arrangements
The financial compensation (EUR 7 260 000 per year) will be paid into an account to be
indicated by the Guinea-Bissau authorities and opened with the Public Treasury. The
Government of Guinea-Bissau is solely responsible for the use to which this financial
compensation is put.
It should be pointed out that Article 3 of the new Protocol requires the two Parties to follow the
evolution of resources in Guinea-Bissau’s fishing zone and to adopt, where necessary, on the
basis of scientific information, measures to ensure the sustainable management of fisheries
resources. Should these measures involve a reduction in fishing opportunities, the compensation
is to be adjusted likewise. A scientific meeting is planned in September 2003.
Within a Joint Committee, meeting at the request of either party, the Community and Guinea-
Bissau may consult one another on questions relating to the implementation and proper
functioning of this Agreement. In the event of any dispute over the interpretation or application
of this Agreement, consultations shall be held between the Parties.
                                                18
 ---pagebreak--- 8.2       Arrangements and schedule for the planned evaluation
Utilisation of the fishing opportunities is under permanent assessment in terms of both licences
issued and catches.
Moreover, before the Protocol is renewed in 2006, it will be evaluated on the basis of indicators
measuring results (catches, value of catches) and impact (number of jobs created and maintained,
relation between the cost of the Protocol and the value of catches). In order to guarantee
sustainable fisheries in the region, this evaluation will be carried out prior to any renewal of the
protocols in the future. To ensure that fishing operations in the region are sustainable, an
economic, social and environmental impact assessment will be made before any renewal of
Protocols in the future.
9.        ANTI-FRAUD MEASURES
Since the financial contributions are made by the Community in direct exchange for the fishing
opportunities offered, the non-member country uses them for whatever end it chooses.
However, it is required to report to the Community, as provided for in the Protocol, on the use of
certain funds.
Failure to comply with these undertakings will automatically give the other party the right to
terminate the Agreement and cancel any financial transfers from the date of termination.
In addition, the Member States whose vessels operate under this Agreement must certify to the
Commission the exactness of the data indicated in the tonnage certificates of the vessels so that
the licence fees may be calculated on a guaranteed basis.
The Protocol also requires Community shipowners to fill out catch declarations (which must be
transmitted to the Commission and the Guinea-Bissau authorities). For tuna fishing, these
declarations serve as the basis for drawing up the final statement of catches under the Protocol
and the corresponding fees.
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