CELEX: 51991PC0286(02)
Language: en
Date: 1991-07-25
Title: PROPOSAL FOR A COUNCIL REGULATION ( EEC ) ON THE CONCLUSION OF THE PROTOCOL ESTABLISHING FOR THE PERIOD 16 JUNE 1991 TO 15 JUNE 1993 THE FISHING RIGHTS AND FINANCIAL COMPENSATION PROVIDED FOR IN THE AGREEMENT BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND THE REPUBLIC OF GUINEA-BISSAU ON FISHING OFF THE COAST OF GUINEA-BISSAU

3. 9. 91                                Official Journal of the European Communities                                No C 228/7
              Proposal for a Council Regulation (EEC) on the conclusion of the Protocol establishing for the
              period 16 June 1991 to 15 June 1993 the fishing rights and financial compensation provided for
              in the Agreement between the European Economic Community and the Republic of Guinea-
                                       Bissau on fishing off the coast of Guinea-Bissau
                                                         (91/C 228/05)
                                                      COM(91) 286 final
                                        (Submitted by the Commission on 31 July 1991)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                           HAS ADOPTED THIS REGULATION:
Having regard to the Treaty establishing the European                                        Article 1
Economic Community, and in particular Article 43
thereof,                                                           The Protocol establishing for the period 16 June 1991 to
                                                                   15 June 1993 the fishing rights and financial compen-
                                                                   sation provided for in the Agreement between the
Having regard to the Act of Accession of Spain and                 European Economic Community and the Republic of
Portugal, and in particular Article 155 (2) (b) thereof,           Guinea-Bissau on fishing off the coast of Guinea-Bissau
                                                                   is hereby approved on behalf of the Community.
Having regard to the proposal from the Commission,
                                                                  The text of the Protocol is attached to this Regulation.
Having regard       to   the  opinion     of  the  European
Parliament,                                                                                  Article 2
                                                                  With a view to taking into consideration the interests of
Whereas, pursuant to the Agreement between the
                                                                   the Canary Islands, the Protocol referred to in Article 1
European Economic Community and the Government of
                                                                   and, in so far as is necessary for its application, the
the Republic of Guinea-Bissau on fishing off the coast of
                                                                  provisions of the common fisheries policy relating to the
Guinea-Bissau signed in Bissau on 27 February 1980 ('),
                                                                   conservation and management of fishery resources shall
as last amended by the Agreement signed in Brussels on
                                                                   also apply to vessels which sail under the flag of Spain,
29 June 1987 (2), the two Parties conducted negotiations
                                                                  which are recorded on a permanent basis in the registers
to determine the amendments or additions to be made to
                                                                   of the relevant authorities at local level (registros de base)
the Agreement at the end of the period of application of
                                                                   in the Canary Islands, under the conditions specified in
the Protocol referred to in Article 9 of that Agreement;
                                                                   Note 6 to Annex I to Council Regulation (EEC) N o
                                                                   1135/88 of 7 March 1988 concerning the definition of
Whereas, as a result of these         negotiations, a new         the concept of 'originating products' and methods of
Protocol establishing the fishing      rights and financial        administrative cooperation in trade between the customs
compensation provided for in          the abovementioned          territory of the Community, Ceuta and Melilla and the
Agreement for the period 16 June      1991 to 15 June 1993         Canary Islands (3).
was initialled on 13 June 1991;
                                                                                             Article 3
Whereas, pursuant to Article 155 (2) (b) of the Act of
Accession, it is for the Council to determine the                 The President of the Council is hereby authorized to
procedures appropriate to take into consideration all or          designate the persons empowered to sign the Protocol in
part of the interests of the Canary Islands when it adopts         order to bind the Community.
decisions, case by case, particularly with a view to the
conclusion of fisheries agreements with third countries;                                     Article 4
whereas the case in point calls for the said procedures to
be, determined;                                                   This Regulation shall enter into force on the third day
                                                                  following its publication in the Offical Journal of the
                                                                   European Communities.
Whereas it is in the Community's interest to approve the
Protocol,                                                         This Regulation shall be binding in its entirety and
                                                                  directly applicable in all Member States.
O OJ No L 226, 29. 8. 1980, p. 33.
O OJ No L 113, 30. 4. 1987, p. 1.                                  O OJ No L 114, 2. 5. 1988, p. 1.
 ---pagebreak--- No C 228/8                            Official Journal of the European Communities                                   3. 9. 91
                                                       PROTOCOL
              establishing for the period 16 June 1991 to 15 June 1993 the fishing rights and financial
              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
THE PARTIES TO THIS PROTOCOL,                                   referred to in Article 1 the sum of ECU 850 000 towards
                                                                the financing of a Guinea-Bissau scientific or technical
Having regard to the Agreement between the European
                                                                programme to improve information on the fishery
Economic Community and the Government of the
                                                                resources within the exclusive economic zone of Guinea-
Republic of Guinea-Bissau on fishing off the coast of
                                                                Bissau and the functioning of the marine biology
Guinea-Bissau signed in Bissau on 27 February 1980, as
                                                                laboratory.
last amended by the Agreement signed in Brussels on 29
June 1987,                                                      This sum shall be made available to the Government of
                                                                the Republic of Guinea-Bissau and paid into the account
HAVE AGREED AS FOLLOWS:                                         indicated by the Guinea-Bissau authorities.
                          Article 1                                                       Article 5
For a period of two years from 16 June 1991, the fishing        The two Parties agree that improving the skills of those
rights granted pursuant to Article 4 of the Agreement           involved in sea fishing is a vital element in the success of
shall be as follows:                                            their cooperation. To that end, the Community shall
1. (a) freezer shrimp trawlers: 11 000 GRT per month,           make it easier for nationals of Guinea-Bissau to find
        annual average;                                         places in establishments in its Member States and shall
                                                                provide for that purpose, during the period referred to in
    (b) freezer fin fish and cephalopod trawlers: 6 000         Article 1, awards for study and practical training in the
        G R T per month, annual average;                        various scientific, technical and economic disciplines
                                                                relating to fisheries. The awards may also be used in any
2. freezer tuna seiners: 20 vessels;
                                                                country linked with the Community by a cooperation
3. pole-and-line tuna vessels and                               agreement. The total cost of the awards may not exceed
                                                                ECU 550 000. At the request of the Guinea-Bissau auth-
    surfache longliners: 12 vessels.
                                                                orities, part of this sum may be used to cover the costs of
                                                                participation in international meetings or training courses
                          Article 2                             concerning fisheries or the organization of seminars on
1.     The financial compensation referred to in Article 9      fishing in Guinea-Bissau, or to strengthen the adminis-
of the Agreement shall be, for the period referred to in        trative infrastructure of the Office of the Secretary of
Article 1, ECU 12 000 000, payable in two equal annual          State for Fisheries. The sum shall be payable as and
instalments.                                                    when it is used.
2.     The use to which this compensation is put shall be
                                                                                          Article 6
the sole responsibility of the Government of the Republic
of Guinea-Bissau.                                               Should the Community fail to make the payments
                                                                provided for in Articles 2 and 4, the application of this
3.     The compensation shall be paid into an account
                                                                Protocol may be suspended.
opened with a financial institution or any other body
designated by Guinea-Bissau.
                                                                                          Article 7
                          Article 3                             The Annex to the Agreement between the European
                                                                Economic Community and the Government of the
At the request of the Community, the fishing rights
                                                                Republic of Guinea-Bissau on fishing off the coast of
referred to in Article 1 (1) (a) and (b) may be increased
                                                                Guinea-Bissau is hereby repealed and replaced by the
by successive instalments of 1 000 GRT per month,
                                                                Annex to this Protocol.
calculated on an annual average basis. In this case, the
financial compensation referred to in Article 2 shall be
increased proportionately.                                                                Article 8
                                                                This Protocol shall enter into force on the first day of
                          Article 4                             the month following that on which it is signed.
The Community shall also contribute during the period           It shall be applicable from 16 June 1991.
 ---pagebreak--- 3. 9. 91                              Official J o u r n a l of the E u r o p e a n C o m m u n i t i e s                No C 228/9
                                                                ANNEX
         C O N D I T I O N S FOR T H E EXERCISE O F FISHING ACTIVITIES BY COMMUNITY VESSELS IN
                                             GUINEA-BISSAU'S FISHING Z O N E
         A. Licence application and issuing formalities
            The procedure for applications for, and issue 6f, the licences enabling Community vessels to fish in
             Guinea-Bissau's fishing zone shall be as follows:
            The relevant Community authorities shall present to the Office of the Secretary of State for Fisheries of
            the Republic of Guinea-Bissau, via the Commission Delegation in Guinea-Bissau, an application for
            each vessel that is to be used for fishing under the Agreement, at least 30 days before the date of
            commencement of the period of validity requested.
            The applications shall be made on the forms provided for that purpose by the Government of the
             Republic of Guinea-Bissau, specimens of which are attached hereto (Annex 1).
            Each licence application shall be accompanied by proof of payment of the fee for the period of the
            licence's validity. Payment shall be made into the account referred to in Article 2 of the Protocol.
            The fees shall include all national and local taxes with the exception of port fees and fees for the
            provision of services.
            By way of derogation from Article 4 (3) of the Agreement, the licences shall be valid from their date of
            issue to 31 December of the year in which they are issued or to the expiry of the Protocol in the case of
            the last year of application of the Protocol. The fees are annual. However, during the first and last
            years of application of the Protocol they shall be payable in proportion to the period of validity of the
            Agreement.
            Licences for tuna seiners, pole-and-line tuna vessels and surface longliners shall be issued by the
            Guinea-Bissau authorities within the 30-day time limit laid down above to the shipowners or their
            representatives via the Delegation of the Commission of the European Communities in Guinea-Bissau.
            Freezer trawlers must be present in the port of Bissau when the licence is handed over. The Delegation
            of the Commission of the European Communities shall be notified of each licence issued.
            Licences shall be issued for a specific vessel and shall not be transferable. However, at the request of the
            European Economic Community, and where force majeure is proven, a vessel's licence shall be replaced
            by a new licence for another vessel whose features are similar to those of the first vessel. The owner of
            the first vessel shall return the cancelled licence to the Office of the Secretary of State for Fisheries of
            the Republic of Guinea-Bissau via the authorities of the Commission of the European Communities.
            The licence must be held on board at all times.
             1. Provisions applicable to trawlers
                For the duration of this Protocol the fees for annual licences shall be as follows:
                ECU 188 per GRT per year for fin fish trawlers;
                ECU 209 per GRT per year for cephalopod trawlers;
                ECU 266 per GRT per year for shrimp trawlers.
                The fees for a calendar year may be paid in four-monthly or half-yearly instalments, in which case
                they shall be increased by 5 % or 3 % respectively.
            2. Provisions applicable to tuna vessels and surface longliners
                (a) The fees shall be ECU 20 per tonne caught within Guinea-Bissau's fishing zone.
 ---pagebreak--- N o C 228/10                             Official Journal of the European Communities                                     3.9.91
                  (b) Licences shall be issued following payment to the Office to the Secretary of State for Fisheries of
                      a lump sum of ECU 1 500 a year for each tuna seiner and ECU 300 a year for each pole-
                      and-line tuna vessel and surface longliner, equivalent to the fees for:
                      — 75 tonnes of tuna caught per year in the case of seiners,
                      — 15 tonnes caught per year in the case of pole-and-line tuna vessels and surface longliners.
                      The final statement of the fees due for the fishing period shall be drawn up by the Commission
                      of the European Communities at the end of each calendar year on the basis of the catch
                      statements made by each shipowner and confirmed by the scientific institutes responsible for
                      verifying catch data (Orstom and IEO — Spanish Institute of Oceanography). The statement
                      shall be forwarded simultaneously to the Office of the Secretary of State for Fisheries and to the
                      shipowners. Any additional payment due shall be made by the shipowners to the Office of the
                      Secretary of State of Fisheries of Guinea-Bissau by 31 May of the foolowing year at the latest, in
                      accordance with the procedure for payment set out in Article 2 of the Protocol.
                      However, if the amount of the final statement is lower than the abovementioned amount, the
                      resulting balance shall not be reimbursable.
           B. Statement of catch
              For all Community vessels authorized to fish in Guinea-Bissau's waters under the Agreement a
              statement of their catch must be provided to the Office of the Secretary of State for Fisheries, with a
              copy to the Commission Delegation in Guinea-Bissau, in accordance with the procedures set out below:
              — for trawlers a statement of catch shall be made out according to the specimen annexed hereto
                   (Annex 2). The statements of catch shall be drawn up each month and presented at least once each
                   quarter,
              — for tuna seiners, pole-and-line tuna vessels and surface longliners a fishing log shall be kept, in
                   accordance with Annex 3, for each fishing period spent in Guinea-Bissau's fishing zone. The form
                  must be sent, within 45 days of the end of the fishing voyage spent in the Guinea-Bissau fishing
                  zone, to the Office of the Secretary of State for Fisheries via the Delegation of the Commission of
                  the European Communities in Guinea-Bissau,
              — forms must be completed legibly and be signed by the master of the vessel.
              Should this provision not be adhered to, the Government of Guinea-Bissau reserves the right to suspend
              the licence of the offending vessel until the formality has been complied with.
           C. By-catches
              1. Fin fish trawlers may not hold on board crustaceans representing more than 10 % of their total catch
                 in the Guinea-Bissau fishing zone.
                 Cephalopod trawlers may not hold on board crustaceans representing more than 5 % or fish repre-
                 senting more than 10 % of their total catch in the Guinea-Bissau fishing zone.
              2. Pole-and-line tuna vessels shall, moreover, be authorized to fish for live bait in order to carry out
                 their fishing activities in the Guinea-Bissau fishing zone.
           D. Signing-on of seamen
              Owners who have been issued fishing licences under the Agreement shall contribute to the on-the-job
              vocational training of Guinea-Bissau nationals, subject to the conditions and limits set out below:
 ---pagebreak--- 3. 9. 91                             Official J o u r n a l of the E u r o p e a n C o m m u n i t i e s             N o C 228/11
            1. each trawler owner shall undertake to employ:
               — 3 seamen/fishermen on vessels of up to 300 GRT,
               — 4 seamen/fishermen on vessels of between 300 and 400 GRT,
               — 5 seamen/fishermen on vessels of more than 400 GRT.
            2. Owners of tuna vessels and surface longliners shall undertake to employ Guinea-Bissau nationals,
               subject to the conditions and limits set out below:
               — for the fleet of tuna seiners, four Guinea-Bissau seamen shall be signed on permanently in the
                   Guinea-Bissau fishing zone,
               — for the fleet of pole-and-line tuna vessels and surface longliners, six Guinea-Bissau seamen shall
                   be signed on for the tuna fishing season in the Guinea-Bissau fishing zone, all of them to be
                   assigned to different vessels.
            3. The wages of these seamen/fishermen shall be fixed, before licences are issued, by mutual agreement
               between the shipowners or their representatives and the Office of the Secretary of State for
               Fisheries; the wages shall be borne by the shipowners and must include the social contributions to
               which the seaman is subject (including life assurance and accident and sickness insurance).
               Should the seamen not be signed on, owners of tuna seiners, pole-and-line tuna vessels and surface
               longliners shall be obliged to pay a lump sum equivalent to the wages of seamen not signed on.
               This sum will be used for the training of seamen/fishermen in Guinea-Bissau and is to be paid into
               an account specified by the Guinea-Bissau authorities.
         E. Taking on board of observers
            1. The observer's task shall be to check on fishing activities in the Guinea-Bissau fishing zone. He shall
               be offered every facility needed to carry out his duties, including access to premises and documents.
               He must not remain on board any longer than is necessary for the accomplishment of his duties. The
               master of the vessel shall facilitate the work of the observer, who shall be accorded the conditions
               enjoyed by officers of the vessel. The salary and the social contributions of the observer shall be
               borne by the Government of Guinea-Bissau.
               Should the observer be taken on board in a foreign port, his travelling costs shall be borne by the
               shipowner. Should a vessel with an observer on board leave the Guinea-Bissau fishing zone, all
               measures must be taken to ensure the observer's return to Guinea-Bissau as soon as possible at the
               expense of the shipowner.
            2. Each trawler shall take on board an observer designated by the Office of the Secretary of State for
               Fisheries. As a contribution to the costs arising from the presence of the observer on board, the
               shipowner shall pay the Guinea-Bissau authorities the sum of ECU 4 per GRT per year per vessel
               exercising fishing activities in Guinea-Bissau waters at the same time as the licence fee is paid.
            3. Tuna vessels and surface longliners shall take an observer on board at the request of the Office of
               the Secretary of State for Fisheries.
               In that case, the port of embarkation shall be determined by mutual agreement between the Office of
               the Secretary of State for Fisheries and the shipowners or their representatives at a meeting to be
               arranged between the two parties.
         F. Inspection and monitoring
            Any Community vessel fishing in Guinea-Bissau's fishing zone shall allow on board any official of
            Guinea-Bissau responsible for inspection and monitoring and shall assist him in the accomplishment of
            his duties. The official must not remain on board any longer than is necessary for the verification of
            catches by random checks and for any other inspection relating to fishing activities.
 ---pagebreak--- N o C 228/12                          Official J o u r n a l of the E u r o p e a n C o m m u n i t i e s                3. 9. 91
           G. Fishing zones
              The freezer trawlers referred to in Article 1 of the Protocol shall be authorized to fish in waters beyond
              12 nautical miles from the base lines.
           H. Meshes authorized
              The minimum mesh size authorized for the trawl body (mesh fully extended) shall be:
              (a) 60 mm for fin fish vessels;
              (b) 40 mm for cephalopod vessels;
              (c) 40 mm for shrimp vessels (this mesh shall be applicable from 1 August 1989);
              (d) 16 mm for fishing for live bait.
              Outrigger fishing shall be authorized.
           I. Entering and leaving the zone
              All Community vessels fishing under the Agreement in the Guinea-Bissau zone shall communicate to
              the radio station of the Office of the Secretary of State for Fisheries the date and time and their
              position when entering and leaving the Guinea-Bissau fishing zone.
              The call sign, frequency and working hours of the station shall be communicated to the shipowners by
              the Office of the Secretary of State for Fisheries at the time the licence is issued.
              In cases where this radio communication cannot be used, vessels may use alternative means, such as
              telex (No 266 SEP BI), telegram or telefax (No 20 11 57).
           J. Procedure in case of boarding
              The authorities of the Commission of the European Communities in Guinea-Bissau shall be notified
              within 48 hours of any boarding within the Guinea-Bissau fishing zone of a fishing vessel flying the flag
              of a Member State of the Community and shall at the same time receive a brief report of the circum-
              stances and reasons leading to the boarding.
              Before any judicial procedure, an attempt shall be made to resolve the presumed infringement through
              an administrative procedure. This procedure shall end no later than three working days after the
              boarding.
              If the case cannot be settled by administrative procedure and has to be brought before a competent
              judicial body, the competent authority shall fix a bank security within 48 hours of the completion of the
              administrative procedure pending the judicial decision. The size of the security shall not exceed the
              maximum fine provided for in national legislation in respect of the presumed infringement.
              The bank security shall be released by the competent authority once the master of the vessel has been
              acquitted by the judicial decision.
              The vessel and its crew shall be released:
              — either on fulfilment of the obligations arising from the administrative procedure, or
              — once the bank security has been lodged.
              Should one of the parties consider it necessary, it may request urgent consultations under Article 10 of
              the Agreement.
 ---pagebreak--- 3.9.91                                 Official Journal of the European Communities         No C 228/13
                                                           Annex 1
                                          APPLICATION FORM
                                                        FOR A
                                            FISHING LICENCE
                    For official use only                                           Remarks
   Licence N o :
   Date of signing:
   Date of issue:
 ---pagebreak--- No C 228/14                           Official Journal of the European Communities                        3. 9. 91
          APPLICANT
           Name of firm:
          Trade register N o :
           First name and surname of applicant:
           Date and place of birth:
           Occupation:
          Address:
           N o of employees:
           Name and address of co-signatory:
          VESSEL
          Type of vessel:                                       Registration N o :
           New name:                                            Former name:
           Date and place of construction:
           Original nationality:
           Length:                             Beam:                               Hold:
           Gross tonnage:                      Net tonnage:
           Type of building materials:
           Make of main engine:                                 Type:                 Rating:
           Propeller:                      Fixed   D                Variable   D                 Ducted D
           Transit speed:
           Call sign:                                           Call frequency:
           List of sounding, navigating and transmission instruments:
           Radar    D          Sonar   D         Netsonde     D
           VHF      D            SSB   D         Netsonde satellite navigation    O        Other
           No of seamen:
 ---pagebreak--- 3. 9. 91                            Official Journal of the European Communities                            No C 228/15
         CONSERVATION
         Packed in ice          LJ     Ice + refrigeration        LJ
         Freezing in brine      LJ     Dry                        LJ             Refrigerated sea water
                                                                                                          •
         Total refrigerating power:
         Freezing capacity in tonnes/24 hours:
         Hold capacity:
         TYPE OF FISHING
         A. Demersal
            Inshore demersal                 LJ                      Deep-sea demersal                LJ
            Type of trawl: Cephalopods       LI                      Shrimps      LI            Fish  LJ
            Length of trawl:                                    Headline:
            Mesh size in the body:
            Mesh size in the wings:
            Speed of trawling:
         B. Deep-sea pelagic (tuna)
            Pole and line     LJ                           No of poles and lines     U
            Seine             LJ                           Length of net:                   Depth of net:
            No of tanks:                                      Capacity in tonnes:
         C. Longlines and pots
            Surface      LJ                                   Bottom      D
            Length of lines:                                  No of hooks:
            No of lines:
            No of pots:
 ---pagebreak--- No C 228/16                          Official Journal of the European Communities 3. 9. 91
          SHORE INSTALLATIONS
          Address and permit No:
          Name of firm:
          Activities:
          Domestic wholesale fish trade    LJ                  Export     LJ
          Type and No of wholesale trader's card:
          Description of processing and conservation plant:
          No of employees:
           NB: Indicate affirmative answers by a tick in the appropriate box.
 ---pagebreak--- 3. 9. 91 Official Journal of the European Communities          No C 228/17
                           Technical remarks
         Authorization of the Office of the Secretary of State
 ---pagebreak---                                                                                       Annex 2
                                                                                                                                   o
OFFICE OF THE SECRETARY OF STATE FOR                       STATISTICS ON CATCH AND ACTIVITY
FISHERIES                                                                                     Month:                  Year:        O
 Name of vessel:                                            Engine rating:                     Fishing method:
 Nationality (flag):                                        Gross registered tonnage:          Port of landing:
                               Fishing zone                                                           Species of fish
                                                         Number of             Number of
    Date                                             fishing operations       fishing hours
                     Longitude              Latitude                                                                        Totals
   1/
   2/
   3/
   4/
   5/
   6/
   7/
   8/
   9/
  10/
  11/
  12/
  13/
  14/
  15/
  16/
                                                                                                                                   I
  17/
  18/
  19/
                                                                                                                                   I
  20/
  21/
  22/
  23/
  24/
  25/
  26/
  27/
  28/
  29/
  30/
  31/                                                                                                                              \D
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