CELEX: 51994PC0138(01)
Language: en
Date: 1994-04-20
Title: Proposal for a COUNCIL DECISION on the conclusion of the Agreement in the form of an exchange of letters concerning the provisional application of the Protocol establishing, for the period from 1 January 1994 to 31 December 1995 the fishing rights and financial compensation provided for in the Agreement between the European Community and the Government of the Republic of Guinea on fishing off the Guinean coast

iCOMVIISSION OF THE EUROPEAN COMMUNITIES
                                                                    C0M(94) 138 final
                                                                    Brussels, 20.04.1994
                                                                    94/ 0118(CNS)
                                        Proposal for a
                                       COUNCIL DECISION
    on Che conclusion of the Agreement in the form of an exchange of letters concerning the
    provisional application of the Protocol establishing, for the period from 1 January 1994 to
   *Jï1ïecember 199 5 the fishing rights and financial compensation provided for in the
    Agreement between the European               Communi.y and the Government of the Republic
                             of Guinea on fishing off the Guinean coast
                                                                             94/ 0118CCNS)
                                     Proposal for a
                              COUNCIL REGULAT]ON (EC)
       on the conclusion of the Protocol establishing, for the period from 1 January 1994 to 31
       December 1995^ the fishing rights and finandal compensation provided for in thr
       Agreement between the European                    Community and the Government of the
                          Repabtk of Guinea on fishing off the Guinean coast
                         (presented by the Commission)
 ---pagebreak---                            EXPLANATORY MEMORANDUM
The protocol annexed to the fisheries agreement between EC and Guinea
expired on 31.12.1993. A new protocol was initialled by the two parties on
24.2.1994, setting technical and financial terms governing fishing by EEC
vessels in Guinea waters for the period 1.1.1994 to 31.12.1995.
The Commission proposes on this basis that the Council adopt
   by a Decision, the proposal for an agreement in the form of an exchange
   of letters on provisional application of the new protocol pending its
   entry into force
-  by a Regulation, the protocol setting fishing rights and the technical
   and financial terms thereof agreed between the EC and Guinea from the
   period 1.1.1994 to 31.12.1995.
 ---pagebreak---                                                             PROPOSAL OF
                                                          C O U N C I L DECISION
                                                             of
                       on the conclusion of the Agreement in the form of an exchange of letters concerning the
                       provisional application of the Protocol establishing, for the period from 1 January 1994 to
                       31 December 199 5, the fishing rights and financial compensation provided for in the
                       Agreement between the European                 Community and the Government of the Republic
                                                of Guinea on fishing off the Guinean coast
THE COUNCIL OF THF. EUROPEAN UNION                                        Whereas the Agreement in the form ol an exchange of letters
                                                                          should be approved, pending a final decision taken on the
Having regard to the Treaty establishing the European                     basis of Article 43 of the Treaty,
              Community,
Having regard to the Agreement between the European                       HAS DECIDED AS FOI LOWS
              Community and the Government of the Republic
of Guinea on fishing off the Guinean coast ('),
                                                                                                    Article 1
                                                                          The Agreement in the form of an exchange of letters
Having regard to the proposal from the Commission,                        concerning the provisional application of the Protocol
                                                                          establishing, for the period from 1 January 1994 to
                                                                          31 December 1995, the fishing rights and financial
Whereas, in accordance with the second subparagraph of
                                                                          compensation provided for in the Agreement between the
Article 15 of the aforesaid Agreement, the Community and
                                                                          European              Community and the Government of the
the Republic of Guinea conducted negotiations to determine
                                                                          Republic of Guinea on fishing off the Guinean coast is hereby
the amendments or additions to be made to the Agreement at
                                                                          approved on behalf of the Community.
the end of the period of application of the Protocol annexed
to the Agreement;
                                                                          The texts of the Agreement in the form of an exchange of
                                                                          letters and of the Protocol are attached to this Decision.
Whereas, as a result of these negotiations, a new Protocol
was initialled on 2 4 F e b r u a r y 1 9 % ;
                                                                                                    Article 2
Wheres, under that Protocol, Community fishermen h a \ e
fishing rights in the waters under the sovereignty or                      The President of the Council is hereby authorized to
jurisdiction of the Republic of Guinea for the period from I              designate the persons empowered to sign the Agreement in
January 1994 to 31 December 1995;                                         the form of an exchange of letters in order to bind the
                                                                          Community.
Whereas, in order to avoid any interruption in the fishing
activities of Community vessels, it is essential that the new
Protocol be applied as soon as possible; whereas, for this                Done at Brussels,
reason, the two Parties initialled an Agreement in the form of
an exchange of letters providing for the provisional
application of the initialled Protocol from the day following                                                  For the Council
the date of expiry off the current Protocol;
                                                                                                                The President
(') ( ) | No I I I I , 27. 4. 198.1, p. I.
                                                               !>
 ---pagebreak---                                                AG R El-ME N T
in the form of an exchange of letters concerning the provisional application of the Protocol
establishing, for the period from 1 January 1994 to 31 December 1995, the fishing rights and financial
compensation provided for in the Agreement between the European                         Community and the
                Government of the Republic of Guinea on fishing off the Guinean coast
                       A.   letter from the. Government     of the Republic  of Guinea
Sir,
With reference to the Protocol initialled on 24 F e b r u a r y 1994establishing fishing rights and financial
compensation for the period from 1 January 199 4to 31 December 1995,1 have the honour to inform
you that the Governmen't of the Republic of Guinea is ready to apply this Protocol on a provisional
basis, with effect from I January 1994, pending its entry into force in accordance with Article 8 of the
said Protocol, provided that the European                     Community is disposed to do the same.
This is on the understanding that a first instalment equal to 5 0 % of the financial compensation
specified in Article 2 of the Protocol is paid by 30 J u n e 1 9 9 4 .
I should be obliged if you would confirm the European                      Community's agreement to such
provisional application.
Please accept, Sir, the assurance of my highest consideration.
                                                                     For the Government of the
                                                                          Republic of Guinea
                                      ft. Letter from the       Community
Sir,
I have the honour to acknowledge receipt of your letter of today's date, which reads as follows:
    'With reference to the Protocol initialled on " FetTUary T J ^ H cstablishinj» fishing rights and
     financial compensation for the period from 1 January 1 9 9 4 to 31 December 1995, I have the
     honour to inform you that the Government of the Republic of Guinea is ready to apply this
     Protocol on a provisional basis, with effect from 1 January 1994, pending its entry into force in
     accordance with Article 8 of the said Protocol, provided that the European                  Community
     is disposed to do the same.
     This is on the understanding that a first instalment equal to 5 0 % of the financial compensation
     specified in Article 2 of the Protocol is paid by 30 Jjne 1 9 9 4 .
     I should be obliged if you would confirm the European                 Community's agreement to such
    provisional application.'
I have the honour to confirm the European                      Community's agreement to this provisional
application of the Protocol.
Please accept, Sir, the assurance of my highest consideration.
                                                                             C hi behalf of
                                                              the Council of the European Union
                                                    \
 ---pagebreak---                                                      PROPOSAL OF                      9 4 / 0118CCNS)
                                         COUNCIL REGULATION ( EC) No
                                                        of
                  on the conclusion of the Protocol establishing, for the period from 1 January 1994 to 31
                  December 1995, the fishing rights and financial compensation provided for in the
                  Agreement between the European                   Community and the Government of the
                                       Republic of Guinea on fishing off the Guinean coast
  THE COUNCIL OF THE EUROPEAN UNION,
                                                                   Whereas it is in the Community's interest to approve the
   Having regard to the Treaty establishing the European           new Protocol,
   Community, and in particular Article 228 (2) and (3) first
  subparagraph, in conjunction with Article 43,                     HAS ADOPTED THIS REGULATION:
                                                                                            Article 1
Having regard to the proposal from the Commission,                 The Protocol establishing, for the period from 1 January
                                                                    1994 to 31 December 1995, the fishing rights and
Having regard       to   the   opinion     of   the  European      financial compensation provided for in the Agreement
Parliament ('),                                                    between the European                  Community and the
                                                                   Government of the Republic of Guinea on fishing off the
Whereas, pursuant to the Agreement between the                     Guinean coast is hereby approved on behalf of the
European Economic Community and the Government of                  Community.
the Republic of Guinea on fishing off the Guinean
coast (2),                                                         The text of the Protocol is attached to this Regulation.
            the two Parties conducted negotiations to                                       Article 2
determine the amendments or additions to be made to
                                                                   The President of the Council is hereby authorized to
the Agreement at the end of the period of application of
                                                                   designate the persons empowered to sign the Protocol in
the Protocol annexed to the Agreement;
                                                                   order to bind the Community.
Whereas, as a result of these negotiations, a new
                                                                                            Article 3
Protocol establishing, for the period from 1 January
1994 to 31 December 1995, the fishing rights and                   This Regulation shall enter into force on the third day
financial compensation provided for in the abovemen-               following that of its publication in the Official Journal of
tioned Agreement was initialled on 24 February r1994 ;             the European Communities.
                 This Regulation shall be binding in its entirety and directly applicable in ail Member
                 States.
                  Done at Brussels,
                                                                                              For the Council
                                                                                               The President
(') OJ No
(') OJ No L 111, 27. 4. 1983, p. J.
                                                                   5
 ---pagebreak---                                                              PROTOCOL
                establishing, for the period from 1 January 1 9 9 4 t o Î1 December 1995, the fishing rights and financial
                compensation provided for in the Agreement beiween the l.uropean                         Community and the
                              Government of the Republic of Guinea on fishing off the Guinean coast
                             Article I                                    This sum shall be made available to the Government of the
                                                                          Republic of Guinea and paid into the account indicated by
 For a period of two years from 1 January 1994, the fishing               the Guinean authorities.
 rights granted under Article 2 of the Agreement shall be as
 follows:
                                                                                                        Article S
 1.   trawlers:             4.200          &rt n
                                                 nionth, annual
     average;                                                             The two Parties agree that improving the skills and
                                                                          knowledge of those involved in sea-fishing is a vital element
 2.   freezer tuna seiners: 24 vessels;
                                                                          in the success of their cooperation. T o that end, the
                                                                         Community shall make it easier for nationals of Guinea to
3.   pole-and-line tuna vessels and surface longliners: 1Q
                                                                          find places in establishments in its Member States and shall
     vessels;
                                                                          provide for that purpose awards for study and practical
4.   surface longliners: five vessels.                                   training in the various scientific, technical and economic
                                                                         disciplines relating to fisheries.
                                                                          The awards may also be used in any country linked with the
                             Article 2
                                                                         Community by a cooperation agreement. The total cost of
                                                                          the awards may not exceed E C U 5 5 0 . 0 0 0 - At the request of
 1.     The financial compensation referred to in Article 8 of           the Guinean authorities, part of this sum may be used to
the Agreement shall be, for the period referred to in Article 1,         cover the costs of participation in international meetings or
ECU 1.700 0 0 0 , payable in two equal annual instalments.               training courses concerning fisheries or for the organization
                                                                         of seminars on fishing in Guinea, or to strengthen the
2.      The use to which this compensation is put shall be the           administrative infrastructure of the fisheries department.
sole responsibility of the Government of the Republic of                  The sum shall be payable as and when it is used.
Guinea.
3.      The compensation shall be paid into an account                                                  Article 6
opened with a financial institution or any other body
designated by the Government of the Republic of Guinea.                  Should the Community fail to make the payments provided
                                                                          for in Articles 2 and 4 , the application of this Protocol may be
                                                                         suspended.
                             Article 3
At the request of the Community, the fishing rights referred                                            Article 7
to in point 1 of Article 1 may be increased by successive
instalments of 1 000 grt a month, calculated on an annual                The Annex to the Agreement between the European
average basis. In this case, the financial compensation                               Community and the Government of the Republic
referred to in Article 2 shall be increased proportionately.             of Guinea on fishing off the Guinean coast is hereby repealed
                                                                         and replaced by the Annex to this Protocol.
                            Article 4
                                                                                                       Article 8
The Community shall also contribute during the period
referred to in Article 1 the sum of ECU 45O.OO0<»wards the               This Protocol shall enter into force on the date on which it is
financing of a Guinean scientific or technical programme to              signed.
improve information on the fishery resources within the
exclusive economic zone of the Republic of Guinea.                       It shall be applicable from 1 January 1994.
                                                                 &
 ---pagebreak---                                                           ANNL.X
C O N D I T I O N S I O K I I I I I XI RCISE O I T ISHING AC I I V I I HIS BY C O M M U N I T Y V I S S E I S IN G U I N E A ' S
                                                     FISHING Z O N K
A.   Licence application and issuing formalities
     T h e relevant Community authorities shall present to the Office of the M i n i s t r y                  for fisheries of the
     Republic of Guinea, via the Commission Delegation in Guinea, 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, a specimen of which is attached hereto (Appendix 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 opened with the Public Treasury of Guinea.
     The fees shall include all national and local charges except for port taxes and service costs.
     Licences for all vessels shall be issued by the Cîuinean authorities within 3 0 days following receipt of proof of
     payment as laid down above to the shipowners or their representatives via the Delegation of the Commission
    of the European Communities in Guinea.
     Licences shall be issued for a specific vessel and shall not be transferable. However, where force majeure, is
     proven and at the request of the European                 C o m m u n i t y , a vessel's licence shall be replaced by a new
    licence for another vessel whose features are similar to those of the first vessel. T h e owner of the first vessel
    shall return the cancelled licence to the Office of the M i n i s t r y            for Fisheries of the Republic of Guinea
     via the authorities of the Commission of the European Communities.
    The new licence shall indicate:
    — the dare of issue,
     — the validity of the new licence, covering the period from the date of arrival of the replacement vessel to the
          date of expiry of the licence of the replaced vessel.
     In this case, no fee as laid down in the second subparagraph of Article 5 of the Agreement shall be due for
     unexpired periods of validity.
    T h e licence must be held on board at all times.
 I. Provisions applicable        to  trawlers
     1.   Each vessel shall be obliged to report to the port of Conakry once a year, prior to the issue of the licence, to
          undergo the inspection laid down by the rules and regulations currently in force. Inspections shall be
          carried out exclusively by duly authorized persons and must be effected within 24 working hours of arrival
          of the vessel in port if arrival has been announced at least 48 hours in advance. If the licence is renewed
          during the same calendar year the vessel shall be exempt from further inspection.
  • 2. Each vessel must be represented by an agent of Guinean n a t i o n a l i t y , established in Guinea.
    3.    (a)   For the duration of this Protocol the fees for annual licences shall be as follows:
                — ECU 126/grt per year for fin-fish trawlers,
                — ECU 150/grt per year for cephalopod trawlers,
                — ECU 152/grt per year for shrimp trawlers.
                Payment may be made in quarterly or half-yearly instalments at a fee .S % and 3 % higher
                respectively.
          (b) For the duration of this Protocol the fees for half-yearly licences shall be as follows:
                — ECU 8 2 / g r t per half-year for fin-fish trawlers,
                — ECU 9 7 / g r t per half-year for cephalopod trawlers,
                — ECU 9 9 / g n per half-year for shrimp trawlers.
                However, vessels (ailing to land 100 kg ol fish per grt per quarter in accordance with the provisions of
                part C shall be obliged to pay an additional fee of ECU 10 per grt per year
                                                                      >
 ---pagebreak---     II.  Provisions   applicable   to tuna vessels and surfait1   longliners
         (a)    The annual fees shall be ECU 20 per tonne caught within Guinea's fishing zone.
         (b)   Licences shall be issued following payment to the Office of the M i n i s t r y          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 longlincr, equivalent to the fees for:
               — 75 tonnes of tuna caught per year in the case of seiners,
               --  IS tonnes caught per year in the case of pole-and-line tuna vessels and surface longliners.
   The final statement of the lees due for the fishing period shall be drawn up by t h e ( omnussion of the l.uropean
   Communities at the end of each calendar year on the basis of the catch statements made for each vessel and
   confirmed by the scientific institutes responsible for verifying catch data (Orstom and Spanish Institute of
   Oceanography) (1EO)). The statement shall be forwarded simultaneously to the Office of the M i n i s t r y
   for Fisheries and to the shipowners. Any additional payment due shall be made by the shipowners to the Office
   of the     Ministry         for Fisheries of Guinea no later than 30 days after notification of the final statement, to
   be paid into the account opened with the Public Treasury of Guinea.
   However, if the amount of the final statement is lower than the abovcmentioned a m o u n t , the resulting balance
   shall not be reimbursable.
B. Statement of catch
   For all Community vessels authorized to fish in Guinea's waters under the Agreement a statement of their catch
   must be provided to the Office of the M i n i s t r y               for Fisheries, with a copy to the Commission
   Delegation in Guinea, in accordance with the procedures set out below:
   — for trawlers a statement shall be made out according to the specimen annexed hereto (Appendix 2). T h e
        statements 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 Appendix 3 , for each fishing period spent in Guinea's fishing zone. The form must be sent, within 45
        days of the end of the fishing voyage spent in the Guinea fishing zone, to the Of I ice of the      Ministry
        for Fisheries via the Delegation of the Commission of the European Communities in Guinea,
   — forms must be completed legibly and be signed by the master of the vessel.
   Should this provision not be adhered to, the Government of Ciuinca reserves the right to suspend the licence of
   the offending vessel until the formality has been complied with.
   In this case, the Delegation of the Commission of the European Communities in Ciuinca shall be
   informed.
C. Landing of catch
   Trawlers authorized to fish in the Guinea fishing zone shall, in order to make a contribution t o w a r d s supplying
   the local population with fish caught in the Guinea fishing zone, be obliged to land 100 kg of fish per grt per
   year free of charge.
   Landings may be made individually or collectively, mention being made at the vessels concerned.
D. By-catch
    1.   Fin-fish trawlers may not hold on board species other than fish representing more than 1 S % of their total
         catch in the Guinea fishing zone.
         Cephalopod trawlers may not hold on board crustaceans representing more than 2 0 % or fish representing
         more than 30 7» of their total catch in the Guinea fishing zone.
         Shrimp trawlers may not hold on board cephalopods representing more ihan 2 5 % or fish representing
         more than 507» of their total catch in the Guinea fishing zone.
         A maximum tolerance of S "A, of these percentages shall be authorized.
          These limits shall be indicated on the licence.
    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 fishing zone.
 ---pagebreak--- I.  Sigiiuig-oii of seamen
    I     Owners who have been issued fishing licences uiuler «lie Agreement shall <• ">KI 'ibuie m ihe on the |oh
         voc.niim.il naming of Guinea nationals. subject to the conditions and limns M I OUI below.
            (i) c.teli trawler owner shall undertake to employ:
                 -• ilucc seamen/fishermen on vessels ol op to 150 git,
                    .1 number o( scaiuen/fishci men equivalent 10 25 % <if ihe mini he'r ol se.unen •' tisliei men signed on
                    for vessels with a tonnage greater than 350 grt;
          (n)   lor the fleet of tuna seiners, three Gtiinea seamen shall l>e signed on pe < ni.nic-nth ,
         du j for ihe fleet of pole and line itm.i vessels, three Guinea seamen shall lie signed on toi ilu nin.i tislung.
                season in the Guinea fishing /one. ill of them to he assigned lo different \cssels.
         (iv)    for the fleet of surface longliners, the shipowners undertake to employ two fishermen per boat;
         ( v)   the wages of these seamen/fishermen shall be fixed, before licences are issued . In nuiiti.il agreement
                                                                                                               lor
                between the shipowners or their representatives and the Office of the M i n i s t r y              ' isheries.
                the wages shall be borne by the shipowners and must include the social contributions to whu li <h<-
                seaman is sub|ect (including life assurance and accident and sickness insurance)
    should the seamen not be signed on, owners of tuna setners, pole-and-line tuna vessels and surface longlmct s
    shall be obliged to pay the Office of the       Ministry        f ° r Fisheries a lump sum equivalent to the wages ol
    seamen not signed on.
    This sum will be used for the training of seamen/fishermen in'Guinea and is to be paid into an account
    specified by rhe Guinean authorities
F    Taking on board of                      seamen/'observers
     I     The                   seamen/observers" task shall be to check on fishing activities in the Guinean fishing
          zone and collect all statistical data on the fishing activities of the vessel concerned. They shall be offered
         every facility needed to carry out their duties, including access to premises and documents and wceklv
          radio communication of fishing data.
    z*. I or each trawler the Office of the M i n i s t r y      for Fisheries shall designate one of the Guinean seamen
          signed on to discharge the additional function of observer.
          The master of the vessel shall facilitate the work of the seaman/observer outside the actual fishing
          operations. The seaman/observer shall be paid by the owner as a seaman in line with the terms m
          force.
          The seaman/observer shall not normally remain on board for more than two trips
     3     Tuna vessels and surface longliners shall take an observer on boaid at the requesr of rhe Office of the
             ministry           for Fisheries. He must not remain on board any longer than is necessary loi die
          accomplishment of his duties
           The master of the vessel shall facilitate the work of the observer, who shall be accorded the vumln
          enjoyed by officers of the vessel
           Should the observer be taken on board in a foreign port, bis travelling costs shall be borne b\ ilu
           shipowner
           Should a vessel with an observer on hoard leave the Cîuinean fishing zone, all measures must be taken w
           ensure the observer's return lo Conakry as soon as possible at the expense of the shipowner
 G. Inspection and monitoring
      Any Community vessel fishing in (•uinea's zone shall allow on hoard any eiffic'ial ol Guinea responsible I,,,
      inspection and monitoring and shall assist bun m the accomplishment of his duties. I his eilfieial must urn
      remain eut board any longer than is necessary lor the verification e»l catches by random cheeks ami loi ,ui\
      other inspe-ciion relating to fishing activities.
 ---pagebreak--- H. Fishing zones
    All the vessels referred to in Article 1 of the Protocol shall be authorized to fish in waters beyond 12 nautical
    miles.
I.  Minimum meshes authorized
   The minimum mesh size authorized for the trawl body (mesh fully extended) shall be:
   (a)   40 mm for shrimps;
   (b) 40 mm for cephalopods;
   (c)   60 mm for fin fish.
   These minimum sizes may be altered to conform to the standardization of the member states of the Subregional
   Fisheries Commission. Any such alterations shall be examined in the Joint Committee
J. Entering and leaving the zone
   All Community vessels fishing,under the Agreement in the Guinean zone shall communicate to the radio
   station of the Office of the M i n i s t r y           for Fisheries the date and time and their position when entering
   and leaving the Guinea fishing zone.
   The call sign and operating frequencies and times of the station shall be communicated to the shipowners by
   the Office of the M i n i s t r y       ^ o r f : ' sneries a t t ' l e l ' m e the licence is issued.
   In cases where this radio communication cannot be used, vessels may use alternative means, such as telex
   (No 22315) or telegram.
K. Procedure in case of boarding
   1.   The Delegation of the Commission of the European Communities in Guinea shall be notified within
        48 hours of any boarding within the Guinea exclusive economic zone of a fishing vessel flying the flag of a
        Member State of the Community and operating under an Agreement concluded between the C o m m u n i t y
        and a third country and shall at the same time receive a brief report of the circumstances and reasons
        leading to the boarding.
   2.   In the case of vessels authorized to fish in Guinean waters, before any measures regarding the master or the
        crew of the vessel or any action regarding the cargo and equipment of the vessel are considered, other than
        those to safeguard evidence relating to the presumed infringement, a consultation meeting shall be held,
        within 48 hours of receipt of the above-mentioned information, between the Delegation of the Commission
        of the European Communities, the Office of the M i n i s t r y                             for Fisheries and the inspection
        authorities, possibly attended by a representative of the M e m b e r State concerned.
        At the meeting, the Parties shall exchange any relevant documentation or information, in particular
        automatically registered data showing the vessel's positions during the trip up to rhe time of boarding,
        helping to clarify the circumstances of the established facts.
        The shipowner or his representative shall be informed of the outcome of the meeting and of any measures
        resulting from the boarding.
   3.   Before any judicial procedure, an attempt shall be made to resolve the presumed infringement through a
        compromise procedure. This procedure shall end no later than three working days after the
        boarding.
   4.   Should the case not be settled by means of compromise, and therefore be brought before a competent
        judicial body, a bank security shall be fixed by the relevant authority within 48 hours following the
        conclusion of the compromise procedure, pending the judical decision. T h e a m o u n t of the security must
        not exceed the amount of the penalty laid down under national legislation for the presumed infringement
        in question. The bank security shall be returned to the shipowner by the relevant authority once the case is
        settled without incrimination of the master of the vessel concerned.
   5.   The vessel and its crew shall be released either:
        — at the end of the consultation meeting, if the established facts permit, or
        — once the obligations arising under the compromise have been fulfilled, or
        — once a bank security is deposited (judicial procedure).
   6.   Should one of the Parties consider that there is a difficulty in the application of the above-mentioned
        procedure, it may request urgent consultations under Article 10 of the Agreement.
                                                           \o
 ---pagebreak---                                               Appendix I
                                       APPLICATION FORM
                                              FORA
                                        FISHING LICENCE
                 For official use only                   Remarks
Nationality:
Licence No:
Date of signing:
Date of issue:
                                                A\
 ---pagebreak--- 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    |  ]              Variable    |    |             Ducted | |
 Transit speed :
 Call sign:                                                 ("all frequency:
 List of sounding, navigating and transmission instruments:
 Radar     I  I          Sonar   I    I          Netsonde              I  I
                                 I    1          Netsonde satellite    i  1
           •             SSB     I    I          navigation            I    I    Otht
 N o of seamen :
                                                        *l
 ---pagebreak--- CONSERVATION
                     r—i                    Ice and   •—i
Packed in ice        | |              refrigeration   I I
Freezing m brine     1    I                     Dry   I    I     Refrigerated sea water  | |
Total refrigerating power:
Freezing capacity in t o n n e s / 2 4 hours:
Hold capacity :
TYPE O F FISHING
A. Demersal
    Inshore demersal       I     I                        Deep-sea demersal       I   I
   Type of trawl:
   Ccphalopods           |     |              Shrimps    |   |          Fish      |    |
    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      I     I                       N o of poles and lines    |     |
   Seine              |     |                       Length of net:                           Depth of net:
    N o of tanks:                                               Capacity in tonnes:
C. Longlines and pots
    Surface    |   |                                             Bottom     |   |
   Length of lines:                                             N o of hooks: .
   N o of lines:
   N o of pots:
                                                                  -4"s
 ---pagebreak--- SHORE INSTALLATIONS
Address and permit No: ....
Name of firm:
Activities:
Domestic wholesale fish trade   I I                    Export   I I
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---                  Technical remarks
Authorization of the M i n i s t r y f o r Fisheries
                        AS
 ---pagebreak---                                                                                           Appendix 2
  OFFICE OF THE SECRETARY OF STATE                              STATISTICS ON CATCH AND ACTIVITY
  FOR FISHERIES                                                                                         Month:                   Year:
                                                                I                                '   !
  i Name of vessel:              j                              | Engine rating:                       j Fishing method:
  ,                               j                             I                                1   ,
                                                                                                       i
  i Nationality (flag):          i                              ! Gross registered tonnage:       |  j I Port of landing:
                                    Fishing zone                                                                 Species of fish
                                                              Number of               Number of
                                                          fishing operations         fishing hours
                        Longitude                Latitude                                                                              Totals
      1/
      3/
     "4T
      51
      11
X     9/
     10/
     11/
     12/
     13/
     14/
     15/
     16/
     17/
     18/
     19/
     20/
     21/
    "227
     23/
     24/
     25/
     26/
     27/
     28/
     29/
     30/
    717
 ---pagebreak--- Remark*                                                                                                                 4 Fnhlng a/aa rafara to tha noon poertion of the boat Round o n mlnutaa. and racord degrees of l a l l t u d * and IOAOAUJ** Da aura to
                                                                                                                          record N / S and F./VV
1 U H o n * aha el per month, and o n * Una par day                                                                     i Tha bottom Hn* ("landing weighi") ahould b* eomplaiad only at the and d i n * trip Actual «eight al tha ome of v n i l » y anouid
2 Ai the and e l eaeh trip. forward a copy of the log to your correepondenl or to ICCAT General Mola 17. Madrid I Spain   ba recorded.
X " D a y " r e i e n k> the day you ae« the line.                                                                      6 Ail information reported Saratn wtll ba kept atrtctly conndenllal
 ---pagebreak---            FINANCIAL STATEMENT
                                                         DATE :
1. BUDGET HEADING      B7 - 800                    APPROPRIATIONS
2. TITLE : New protocol EC/Guinea
3. LEGAL BASIS : EC/Guinea Agreement
4. AIMS OF PROJECT : Protocol for a period of 2 years
5. FINANCIAL IMPLICATIONS                PERIOD OF 12    CURRENT      FOLLOWING
                                            MONTHS      FINANCIAL     FINANCIAL
5.0. EXPENDITURE                                        YEAR (94)     YEAR (95)
     - charged to the EC budget
       (refunds/intervention)                          2.700.000ECU
     - national administration
     - other                                               in 2
                                                       instalments
5.1. REVENUE
     - own resources of the EC
       (levies/customs duties)
     - national
5.0.1. ESTIMATED EXPENDITURE
5.1.1. ESTIMATED REVENUE
5.2. METHOD OF CALCULATION :
     - financial contribution                           1.700.000 ECU
     - scientific programme :                             450.000 ECU
     - study grants :                                     550.000 ECU
     Financial compensation :                           2.700.000 ECU
     Average annual cost :                              1.350.000 ECU
6.0. CAN THE PROJECT BE FINANCED FROM APPROPRIATIONS ENTERED IN
     THE RELEVANT CHAPTER OF THE CURRENT BUDGET ?                        YES>
6.1. CAN THE PROJECT BE FINANCED BY TRANSFER BETWEEN CHAPTERS
     OF THE CURRENT BUDGET ?                                            !>X;YES
6.2. IS A SUPPLEMENTARY BUDGET NECESSARY ?                                    NO
6.3. WILL FUTURE BUDGET APPROPRIATIONS BE NECESSARY ?                    &  • YES
OBSERVATIONS :
                              At
 ---pagebreak---                                                                       ISSN 0254-1475
                                                               COM(94) 138 final
                                                       DOCUMENTS
EN                                                                          1103
                                 Catalogue number : CB-CO-94-145-EN-C
                                                             ISBN 92-77-67603-5
Office for Official Publications of the European Communities
L-2985 Luxembourg
                                            A0)