CELEX: 51998PC0129(02)
Language: en
Date: 1998-03-09
Title: Proposal for a Council Regulation (EC) approving the Protocol establishing the fishing possibilities and the 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 for the period 1 January 1998 to 31 December 1999

COMMISSION OF THE EUROPEAN COMMUNITIES
                                                    Brussels, 09.03.1998
                                                    COM(1998) 129 final
                                                    98/0086 (CNS)
                                     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 the
       fishing possibilities and the 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 for the period
                          1 January 1998 to 31 December 1999
                                     Proposal for a
                           COUNCIL REGULATION (EC)
approving the Protocol establishing the fishing possibilities and the 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 for the period 1 January 1998 to 31 December 1999
                            (presented by the Commission)
 ---pagebreak---  ---pagebreak---                          EXPLANATORY MEMORANDUM
The Protocol annexed to thefisheriesagreement between the European Community and the
Republic of Guinea expired on 31 December 1997. A new Protocol was initialled by the
two parties on 11 December 1997 establishing the technical and financial conditions under
which Community fishing vessels can fish in Guinea waters in the period 1 January 1998
to 31 December 1999.
The Commission is accordingly proposing that the Council should adopt:
       by means of a Decision, the draft Agreement in the form of an exchange of letters
       concerning the provisional application of the new Protocol pending its final entry
       into force,
       by means of a Regulation, the Protocol establishing the fishing opportunities and
       the associated technical and financial conditions agreed between the Community
       and Guinea-Bissau for the period 1 January 1998 to 31 January 1999.
                                               «
 ---pagebreak---                                      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 the
             fishing possibilities and the 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 for the period
                                1 January 1998 to 31 December 1999
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community,
Having regard to the Agreement between the European Community and the Government
of the Republic of Guinea on fishing off the Guinean coast1, and in particular Article 15
thereof,
Having regard to the proposal from the Commission,
Whereas, in accordance with the second paragraph of Article 15 of the aforesaid
Agreement, the Community and the Republic of Guinea have conducted negotiations to
determine any amendments and additions to be made to the Agreement at the end of the
period of application of the Protocol annexed thereto;
Whereas, as a result of those negotiations, a new Protocol was initialled on 11 December
1997;
Whereas, under that Protocol, Community fishermen enjoy fishing possibilities in the
waters under the sovereignty or jurisdiction of the Republic of Guinea for the period
1 January 1998 to 31 December 1999;
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 the
two parties have accordingly initialled an Agreement in the form of an Exchange of
1
    OJL 111, 27.4.1983, p. 1.
                                            2
 ---pagebreak--- Letters providing for the initialled Protocol to apply provisionally from the day following
that on which the Protocol currently in force expires;
Whereas the Agreement in the form of an Exchange of Letters should be approved,
pending a final decision taken under Article 43 of the Treaty,
Whereas the fishing possibilities should be apportioned among the Member States on the
basis of the traditional allocation of fishing possibilities under the fisheries Agreement,
HAS DECIDED AS FOLLOWS:
                                            Article 1
The Agreement in the form of an Exchange of Letters concerning the provisional
application of the Protocol establishing the fishing possibilities and the 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 for the period 1
January 1998 to 31 December 1999 is hereby approved on behalf of the Community.
The texts of the Agreement in the form of an Exchange of Letters and of the Protocol are
attached to this Decision.
                                            Article 2
The fishing possibilities laid down in the Protocol shall be allocated among the Member
States as follows:
a)      cephalopods/fin-fish:            Spain:          1 350 grt
                                         Italy:          1 200 grt
                                         Greece:         1 450 grt
 b)     shrimps:                         Spain:          700    grt
                                                      U
 ---pagebreak---                                      Portugal:      200 grt
                                     Greece:         100 grt
c)      tuna seiners:                France:         19 vessels
                                     Spain:          14 vessels
d)      pole-and-line tuna vessels:  France:        8 vessels
                                     Spain:         5 vessels
e)      surface longliners:          France:        3 vessels
                                     Spain:         23 vessels
                                     Portugal:      2 vessels.
If licence applications from those Member States do not exhaust the fishing possibilities
established in the Protocol, the Commission may consider licence applications from any
other Member State.
                                        Article 3
The President of the Council is hereby authorised to designate the persons empowered to
sign the Agreement in the form of an Exchange of Letters in order to bind the
Community.
Done at
                                                            For the Council
                                                             The President
                                             x
 ---pagebreak---                                        AGREEMENT
     IN THE FORM OF AN EXCHANGE OF LETTERS CONCERNING THE
         PROVISIONAL APPLICATION OF THE PROTOCOL ESTABLISHING
                  THE FISHING POSSIBILITIES AND THE 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 FOR
                 THE PERIOD 1 JANUARY 1998 TO 31 DECEMBER 1999
A. Letter from the Government of the Republic of Guinea
Sir,
With reference to the Protocol, initialled on 11 December 1997, establishing the fishing
possibilities and the financial compensation for the period 1 January 1998 to
31 December 1999,1 have the honour to inform you that the Government of the Republic
of Guinea is ready to apply that Protocol on a provisional basis from 1 January 1998,
pending the entry into force of the Protocol in accordance with Article 7 thereof, provided
that the European Community is prepared to do the same.
This is on the understanding that the first instalment of the financial consideration
specified in Article 2 of the Protocol is paid by 30 June 1998.
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
 ---pagebreak---                                                                        —7-
                                                                        /
B. 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 11 December 1997, establishing the fishing
possibilities and the financial compensation for the period 1 January 1998 to
31 December 1999,1 have the honour to inform you that the Government of the Republic
of Guinea is ready to apply that Protocol on a provisional basis from 1 January 1998,
pending the entry into force of the Protocol in accordance with Article 7 therçofuprovided
that the European Community is prepared to do the same.                                ^r^J
This is on the understanding that the first instalment of the financial consideration
specified in Article 2 of the Protocol is paid by 30 June 1998.
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 such provisional
 application.
 Please accept, Sir, the assurance of my highest consideration.
                                    On behalf of the Council the European Union
 ---pagebreak---                                      PROPOSAL FOR A
                              COUNCIL REGULATION (EC)
                                                                          9 IS J o o - g t ( CAjj x
     approving the Protocol establishing the fishing possibilities and the 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 for the period 1 January 1998 to 31 December 1999
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular
Article 43, in conjunction with the first sentence of Article 228(2) and the first
subparagraph of Article 228(3) thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament*'),
Whereas, pursuant to the Agreement between the European Community and the
Government of the Republic of Guinea on fishing off the Guinean coast<2> , the two
Parties have conducted negotiations to determine any amendments and additions to be
made to the Agreement at the end of the period of application of the Protocol annexed
thereto;
Whereas, as a result of those negotiations, a new Protocol establishing the fishing
possibilities and the financial compensation provided for in the abovementioned
Agreement for the period 1 January 1998 to 31 December 1999 was initialled on
 11 December 1997;
Whereas it is in the Community's interest to approve the new Protocol,
 Whereas the fishing possibilities should be apportioned among the Member States on the
basis of the traditional allocation of fishing possibilities under the fisheries Agreement,
 0) OJ
 <2> OJL 111,27.4.1983, p. 1.
 ---pagebreak--- HAS ADOPTED THIS REGULATION:
                                          Article 1
The Protocol establishing the fishing possibilities and the 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 for the period 1 January 1998 to
31 December 1999 is hereby approved on behalf of the Community.
The text of the Protocol is attached to this Regulation.
                                          Article 2
The fishing possibilities laid down in the Protocol shall be allocated among the Member
States as follows:
a)      cephalopods/fm-fish:           Spain:          1350 grt
                                       Italy:          1200 grt
                                       Greece:         1450 grt
b)      shrimps:                       Spain:         700 grt
                                       Portugal:      200 grt
                                       Greece:         100 grt
(c)     tuna seiners:                  France:         19 vessels
                                       Spain:          14 vessels
d)      pole-and-line tuna vessels:    France:         8 vessels
                                       Spain:          5 vessels
e)      surface longliners:            France:         3 vessels
                                       Spain:          23 vessels
                                       Portugal:       2 vessels.
                                                9
 ---pagebreak--- If licence applications from those Member States do not exhaust the fishing possibilities
established in the Protocol, the Commission may consider licence applications from any
other Member State.
                                         Article 3
The President of the Council is hereby authorised to designate the persons empowered to
sign the Protocol in order to bind the Community.
                                         Article 4
This Regulation shall enter into force on the third day following its publication in the
Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member
States.
Done at
                                                           For the Council
                                                           The President
                                                ^o
 ---pagebreak---                                        PROTOCOL
 establishing the fishing possibilities and the 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
                       for the period 1 January 1998 to 31 December 1999
                                          Article 1
For a period of two years from 1 January 1998, the fishing possibilities granted under
Article 2 of the Agreement shall be as follows:
1 ) a) fin-fish and cephalopod trawlers:       4 000 gross registered tonnes (grt) per year;
2) b)   shrimp trawlers:                       1 000 gross registered tonnes (grt) per year;
3) freezer tuna seiners: 33 vessels;
4) pole-and-line tuna vessels: 13 vessels;
5) surface longliners: 28 vessels.
Where appropriate and where the state of resources so permits, the Joint Committee
provided for in Article 10 of the Agreement shall consider including new categories of
fish and shall lay down the technical and financial conditions under which they can be
fished by Community vessels.
                                          Article 2
1.      The financial compensation referred to in Article 8 of the Agreement shall
        amount to ECU 2 800 000 for the first year (of which ECU 1 400 000 by way of a
        financial consideration and ECU 1 400 000 for the measures listed in Article 4 of
        the current Protocol) and ECU 3 700 000 for the second year (of which
        ECU 1 850 000 by way of a financial consideration and ECU 1 850 000 for the
        measures listed in Article 4 of the current Protocol) for the fishing possibilities
        listed in Article 1. That financial consideration shall be payable by 30 June each
        year at the latest.
2.      The use to which the financial consideration is put shall be the sole responsibility
        of the Government of the Republic of Guinea.
3.      The financial consideration shall be paid into an account specified by the
        Government of the Republic of Guinea and opened with the Public Treasury.
                                          Article 3
At the request of the Community, the fishing possibilities established in Article 1(1) may
be increased by successive instalments of 1 000 grt a year. In that case, the financial
                                             Ai
 ---pagebreak--- consideration referred to in Article 2 shall be increased proportionately, pro rata
temporis.
                                          Article 4
Of the overall financial compensation established in Article 2(1), the following measures
shall be financed to the amount of ECU 1 400 000 in the first year and ECU 1 850 000 in
the second year, according to the following breakdown:
 1. scientific and technical programmes to improve knowledge of fishery and biological
     resources within Guinea's fishing zone: ECU 450 000;
2.   support for fishery surveillance bodies: ECU 800 000;
3.   support for artisanal fishing: ECU 320 000;
4.   institutional support for the Ministry of Fisheries: ECU 800 000;
5.   awards for study, practical training and seminars in the various scientific, technical
     and economic disciplines relating to fisheries: ECU 390 000;
6.   Guinea's contribution to international fisheries organisations: ECU 100 000;
7.   costs of Guinean delegates' participation in international meetings on fisheries:
     ECU 390 000.
The measures and the annual amounts allocated thereto shall be decided on by the
Ministry of Fisheries, which shall inform the Commission thereof.
The annual amounts shall be made available to the bodies concerned by 30 June each
year at the latest. The Government of the Republic of Guinea shall provide the bank
account numbers to be used for such payments.
The Ministry of Fisheries shall forward an annual report to the Delegation of the
European Commission on the implementation of the measures and the results obtained.
The Commission reserves the right to ask the Ministry of Fisheries for any additional
information on the results and to reconsider the payments concerned should the measures
not be implemented.
                                           Article 5
 Should the Community fail to make the payments provided for in Articles 2 and 4, the
 application of this Protocol may be suspended.
                                           Article 6
 The Annex to the Agreement between the Government of the Republic of Guinea and the
 European Community on fishing off the Guinean coast is repealed and replaced by the
 Annex hereto.
                                               43,
 ---pagebreak---                                           Article 7
This Protocol shall enter into force on the date on which it is signed.
It shall apply from 1 January 1998.
                                              4S
 ---pagebreak---                                           ANNEX
    Conditions governing fishing by Community vessels in Guinea's fishing zone
A. Licence application and issuing formalities
   At least 30 days before the date on which the requested term of validity commences,
   the competent Community authorities are to present an application for each vessel
   that is to be used for fishing under the Agreement to the Ministry of Fisheries via the
   Delegation of the European Commission in Guinea.
   The applications are to be made out using the forms provided for that purpose by the
   Ministry of Fisheries, a specimen of which is attached hereto (Appendix 1).
   Licence applications are to be accompanied by proof of payment of the fee covering
   the licence's term of validity. Payment is to be made into an account opened with the
   Public Treasury of Guinea.
   The fees include all national and local taxes, with the exception of port fees and
   charges for the provision of services.
   Within 30 days of receipt of proof of payment as referred to above, the licences for all
   vessels will be issued by the Ministry of Fisheries to the shipowners or their
   representatives via the Delegation of the European Commission in Guinea.
   The following annual periods serve to determine the term of validity of licences:
       first period:    1 January to 31 December 1998
       second period: 1 January to 31 December 1999.
   Licences cannot commence running during one annual period and expire during the
   following annual period.
   Licences are issued for specific vessels and are not transferable. However, at the
   request of the Community and where force majeure is proven, a vessel's licence will
   be replaced by a new licence for another vessel whose features are similar to those of
   the first vessel. The owner of the vessel to be replaced is to return the cancelled
   licence to the Ministry of Fisheries via the Delegation of the European Commission
   in Guinea.
   The new licence must state:
   -   the date of issue,
                                            4V
 ---pagebreak--- -   the term of validity of the new licence, covering the periodfromthe date of arrival
    of the replacement vessel to the date of expiry of the licence of the replaced
    vessel.
In the event of replacement, no fee as referred to in Article 5(2) of the Agreement is
due for the unexpired period of validity.
Licences must be held on board at all times.
I. Provisions applicable to trawlers
    1. Vessels must put into the port of Conakry once a year before licences are
        issued so that the regulation inspection can be carried out. This inspection is to
       be carried out by duly authorised persons only and must take place within 24
       working hours of the vessel's arrival in port, providing notice of arrival has
       been given at least 48 working hours in advance. Where licences are renewed
        within the calendar year, the vessels need not undergo a second inspection.
       The costs of technical inspections are to be borne by the shipowners and
        cannot exceed ECU 250 per vessel per year.
    2. Each vessel must be represented by an agent of Guinean nationality
        established in Guinea.
    3. a) Licences arc issued for three, six or twelve months and are renewable. The
        term of validity of licences must be taken into account when calculating the
        utilisation of the fishing possibilities granted under Article 1 of the Protocol.
       b) The fees to be paid by shipowners, expressed in ecus per gross registered
       tonne, are as follows:
            -    for annual licences:
                                                     first year      second year
                      fin-fish trawlers:               126           132
                      cephalopod trawlers:           150            158
                      shrimp trawlers:               152            160
                                            45
 ---pagebreak---              -  for six-month licences:
                                                     first year    second year
                     fin-fish trawlers:              65            68
                     cephalopod trawlers:            77            81
                     shrimp trawlers:                78            82
             -  for three-month licences:
                                                     first year    second year
                     fin-fish trawlers:              33            35
                     cephalopod trawlers:            39           41
                     shrimp trawlers:                40           42
        However, an additional fee of ECU 30 per grt per year is payable by vessels
        failing to land 200 kg offish per grt per year in accordance with Part C.
II. Provisions applicable to tuna vessels and surface longliners
    Licences must be kept on board at all times; however, fishing is authorised on
    receipt of the notification of payment of the advance forwarded by the
    Commission to the Guinean Ministry of Fisheries. Furthermore, pending receipt
    of the original of the licence, a copy of the licence drawn up can be sent by fax for
    keeping on board.
    Fees amount to ECU 20 per tonne per year caught within Guinea's fishing zone.
    Licences are to be issued following payment to the Ministry of Fisheries of a lump
    sum of ECU 1 800 per year for each tuna seiner, ECU 300 per year for each pole-
    and-line tuna vessel and ECU 500 per year for each surface longliner, covering the
    fees for:
    -   90 tonnes of tuna caught per year in the case of seiners,
    -    15 tonnes of tuna caught per year in the case of pole-and-line tuna vessels,
    -   25tonnes of tuna caught per year in the case of surface longliners.
                                            4e
 ---pagebreak---         The final statement of the fees clue for the fishing period is to be drawn up by the
       Commission 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, such as the Institut Français de Recherche Scientifique pour
       le Développement en Coopération (Orstom) and the Instituto Espanol de
       Oceanografia (IEO), in cooperation with the Centre National des Sciences
       Halieutiques de Boussoura (CNSHB). The statement is to be forwarded
       simultaneously to the Ministry of Fisheries and to the shipowners. No later than
       30 days after the final statement is notified, any additional charges due are to be
       paid by the shipowners to the Ministry of Fisheries using the account opened with
       the Public Treasury of Guinea.
       However, if the final statement is lower than the abovementioned advance, the
       resulting balance will not be reimbursed.
B. Statements of catch
   All Community vessels authorised under the Agreement to fish in Guinea's fishing
   zone are required to declare their catches to the Ministry of Fisheries, with a copy to
   the Delegation of the European Commission in Guinea, as follows:
   -   trawlers must declare their catches using the specimen statement attached hereto
       (Appendix 2). Statements of catch must be drawn up each month and presented at
       least once each quarter;
   -   tuna seiners, pole-and-line tuna vessels and surface longliners     must keep fishing
       logs using the form in Appendix 3 for each fishing period           spent in Guinea's
       fishing zone. Within 45 days of the end of the fishing period       spent in Guinea's
       fishing zone, the forms must be sent to the Ministry of             Fisheries via the
       Delegation of the European Commission in Guinea.
   Forms must be completed legibly and must be signed by the master of the vessel.
   Should this provision not be complied with, the Ministry of Fisheries reserves the
   right to suspend the licences of offending vessels until the formality has been
   completed. The Delegation of the European Commission in Guinea is to be notified
   of such cases.
   Where applicable, the Joint Committee provided for in Article 10 of the Agreement is
   to consider equipping Community fishing vessels with facilities for the electronic
   transmission of data covering fishing operations.
                                              //y
 ---pagebreak--- c. UmlingofçMtçhçs
   As a contribution towards supplying the local population with fish caught in Guinea's
   fishing zone, trawlers authorised to fish in Guinea's fishing zone are required to land
   200 kg of fish per grt per year free of charge.
   Landings may be made individually or collectively, mention being made of the
   vessels concerned.
D. Bv-catches
   Crustaceans held on board fin-fish trawlers may not account for more than 9% nor
   cephalopods for more than 9% of their total catch in Guinea's fishing zone.
   Crustaceans held on board cephalopod trawlers may not account for more than 15%
   of their total catch in Guinea's fishing zone.
   Fish held on board shrimp trawlers may not account for more than 30% nor
   cephalopods for more than 20% of their total catch in Guinea's fishing zone.
E. Signing-on of seamen
   Owners holding fishing licences issued under the Agreement are to contribute to the
   practical vocational training of Guinean nationals, subject to the conditions and limits
   set out below:
   1) Each trawler owner must undertake to employ:
       -    two Guinean seamen on vessels of up to 200 grt,
       -    three Guinean seamen on vessels of more than 200 grt but not more than
            350 grt,
       -    four Guinean seamen on vessels of more than 350 grt.
   2) For the fleet of tuna seiners, six Guinean seamen must be signed on permanently.
   3) For the fleet of pole-and-line tuna vessels, five Guinean seamen must be signed on
        for the duration of the vessels' actual presence in Guinean waters, all of them to
       be assigned to different vessels.
   4) For the fleet of surface longliners, the shipowners must undertake to employ two
        Guinean seamen per vessel for the duration of the vessels' actual presence in
        Guinean waters.
                                             4?
 ---pagebreak---    5) The wages of these Guinean seamen are to be fixed before the licences are issued,
       by mutual agreement between the shipowners or their representatives and the
       Ministry of Fisheries; the wages arc to be paid by the shipowners and must
       include the seamen's social security contributions (including life, accident and
       health insurance).
   Should the seamen not be signed on, the owners of tuna seiners, pole-and-line tuna
   vessels and surface longliners are required to pay the Ministry of Fisheries a lump
   sum equivalent to the wages of the seamen not signed on in accordance with points 2,
   3 and 4 above.
   That sum is to be used for the training of Guinean sea fishermen and must be paid
   into an account specified by the Ministry of Fisheries.
F. Observers
   1. The observer's task is to check on fishing activities in Guinea's fishing zone and
       to collect all statistical data on fishing operations by the vessel concerned.
       Observers must be granted every facility needed to carry out their duties,
       including access to premises and documents and must in particular be allowed to
       report fishing data by radio once a week.
   2. All trawlers must take on board an observer appointed by the Ministry of
       Fisheries.
       Observers must not normally remain on board for more than two trips.
   3. At the request of the Ministry of Fisheries, addressed to the European
       Commission, tuna vessels and surface longliners must take on board an observer,
       who must not remain on board any longer than is necessary to accomplish his
       duties.
       The masters of vessels must facilitate the work of the observers, who must be
       accorded the conditions enjoyed by the vessels' officers.
       The travelling costs of observers taken on board in foreign ports are to be borne
       by the shipowner.
   4. The wages and social insurance contributions of observers are to be paid by the
       Ministry of Fisheries.
       In the case of trawlers, shipowners are to pay ECU 15 to the Centre National de
       Surveillance des Pêches (CNSP) for each day an observer spends on board as a
       contribution towards the expenses arising from the observer's presence on board.
                                             4<f
 ---pagebreak---    5. Should a vessel with a Guinean observer on board leave Guinea's fishing zone, all
       steps must be taken for his return to Conakry as soon as possible at the expense of
       the shipowner.
G. Inspection and monitoring
   Community vessels fishing in Guinea's fishing zone must permit and assist any
   Guinean officials responsible for inspection and monitoring to board the vessel and
   carry out their duties on board. The officials must not remain on board any longer
   than is necessary to verify catches by random checks and to conduct any other
   inspection relating to fishing activities.
H. Fishing zones
   All the vessels referred to in Article 1 of the Protocol are authorised to fish in waters
   beyond 10 nautical miles.
I. Meshes authorised
   The minimum mesh size authorised for the cod end (mesh stretched) is:
   a) 40 mm for shrimps;
   b) 70 mm for cephalopods;
   c) 70 mm for fin-fish;
   d) 16 mm for fishing for live bait.
   These mesh sizes also apply to trawls used for fishing with outriggers.
J. Entering and leaving the zone
   Community vessels fishing under the Agreement in Guinea's fishing zone must report
   the date and time and their position each time they enter and leave Guinea's fishing
   zone to the radio station of the Centre National de Surveillance des Pêches (CNSP).
   The CNSP will inform the shipowners of the call sign and operating frequencies of
   the station at the time the licence is issued.
   Where they cannot communicate this information by radio, vessels may use
   alternative means, such as fax (CNSP: 1-212-4794-885; Ministry of Fisheries: 224-41
    35 23).
                                               40
 ---pagebreak---                                                                       /-• • -
K. Boardiii)i of vessels
   1. The Delegation of the European Commission in Guinea must be notified within
      48 hours of any fishing vessel flying the flag of a Member State of the
      Community and operating under an Agreement between the Community and a
      third country that is boarded within Guinea's fishing zone and must at the same
      time be sent a summary report of the circumstances surrounding, and the reasons
      leading to, the boarding.
   2. In the case of vessels authorised to fish in Guinean waters, before any measures
      are considered with regard to the vessel's master or crew or any action is
      contemplated with regard to its cargo and equipment other than to safeguard
      evidence relating to the alleged infringement, a conciliation meeting is to be held
      within 48 hours of receipt of the abovementioned information between the
      Delegation of the European Commission, the Ministry of Fisheries and the
      inspection authorities, possibly attended by a representative of the Member State
      concerned.
      At the meeting, the parties will exchange any relevant documentation and
      information, and in particular automatically recorded data showing the vessel's
      positions during the trip up to the time of boarding, that may help clarify the
      circumstances surrounding the facts.
      The shipowner or his representative is to be informed of the outcome of the
      meeting and of any measures resulting from the boarding.
   3. Before any judicial proceedings are initiated, an attempt must be made to resolve
      the matter of the alleged infringement by compromise. Should no compromise be
      reached, that attempt is to be abandoned no later than three working days after the
      boarding.
   4. Should no compromise be reached and the case consequently be brought before a
      competent judicial body, pending the judgment a bank security payable by the
      shipowner is to be set by the competent authorities within 48 hours of
      abandonment of the attempt to reach a compromise. The security must not exceed
      the maximum penalty laid down for such an infringement under national law.
      Where the master of the vessel concerned is not found guilty, the bank security is
      to be refunded to the shipowner by the competent authorities as soon as the case is
      settled.
                                             %4
 ---pagebreak--- 5. The vessel and crew are to be released:
   -  when the conciliation meeting is closed if the outcome so permits,
   -  once the obligations arisingfromthe compromise reached have been fulfilled,
      or
   -  once the bank security is lodged (in connection with judicial proceedings).
                                          Q4
 ---pagebreak---                                               Appendix 1
                                       APPLICATION FORM
                                             FORA
                                        FISHING LICENCE
                 For official use only                       Remarks
Nationality:
Licence No:
Date of signing:      ,
Date of issue:
                                                         2 3
 ---pagebreak--- APPLICANT
Name of firm:
Trade register No:               ,
First name and surname of applicant:
Date am! place of birth:
Occupation:
Address:                              ,
No of employees:
Name and address of co-signatory:
VESSEL
Type of vessel:                         .-             Registration No:          ,
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:                                             Call frequency:
List of sounding, navigating and transmission instruments:
 adar
Rada     I J          Sonar                 Netsonde              \   \
VHF      •            SSB
                               •            Netsonde satellite
                                            navigation           •      Other:
No of seamen:
                                                                    ^V
 ---pagebreak--- CONSERVATION
Packed in ice       J    |    refrigeration    J     |
Freezing in brine |     |              jw      \    |     Refrigerated sea water I  I
Total refrigerating power:
Freezing capacity in tonnes/24 hours:
Hold capacity:
TYPE OF FISHING
A. Demersal
   inshore demersal
    Type of trawl:    .
                        •                        .
                                                   Deep-sea demersal
                                                       .
                                                                        •
   Cephalopods        I    {         Shrimps     I     J         Fish   I   I
   Length of trawl:                                      Headline:
   Mesh size in the body:
   Mesh size in the wings:
   Speed of trawling:                                             :
   Deep-sea pelagic (tuna)
   Pole and line    I   I                   No of poles and lines     I   I
   Seine            I J                     Length of net:                         Depth of net:
   No of tanks:                                          Capacity in tonnes:
C. Longlines and pots
   Surface                                               Bottom    j    j
   Length of lines:                          :           No of hooks: .
   No of lines:
   No of pots:
                                                                  zr
 ---pagebreak--- SHORE INSTALLATIONS
Address and permit No: ....
Name of firm:
Activities:
Domestic wholesale fish tra de  I  I                  Exp<>rt |    |
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 Ministry of Fisheries
                          Z l
 ---pagebreak---                                                                                         Appendix 2
OFFICE OF THE SECRETARY OF STATE FOR                         STATISTICS ON CATCH AND ACTIVITY
FISHERIES                                                                                            Month:                 Year:
 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
                                                                                                                                  i
    1/                                                     '
    2/
    3/
    4/           ,
    SI
    6/
    7/
    8/
    9/
   10/
   11/
   12/
   13/
   14/
   15/                                                                                                                            i
   16/                                                                                                                            1
                                                                                                                                  !
   17/
   18/
   19/                                                                                                                            1
                                                                                                                                  i •
   20/
   21/
   22/
   23/
   24/                                   ^
   25/
   26/
   27/                                                                                             '
   28/
   29/.
   30/
   31/                                                                                                                                •
 ---pagebreak--- Afip d 3
    '" - ICGfiï LOBBOOK for TUNA FISHERY
 ---pagebreak---                              FINANCIAL STATEMENT
 1.  TITLE OF OPERATION
     New Protocol to EC-Guinea fisheries Agreement establishing the fishing
     possibilities and thefinancialcompensation
 2.  BUDGET HEADING INVOLVED
     B7-8000
 3.  LEGAL BASIS
     - Article 43 of the Treaty, in conjunction with Article 228(2) and the first
     subparagraph of Article 228(3) thereof
     - EC-Guinea Agreement (OJ L 111, 27.4.1983)
4.   DESCRIPTION OF OPERATION
     4.1     General objective
             Protocol and Annex for a two-year period
    4.2      Period covered and arrangements for renewal or extension
             1 January 1998 to 31 December 1999
             Procedure for renewal: negotiation prior to expiry of Protocol
5.  CLASSIFICATION OF EXPENDITURE OR REVENUE
    5.1      Compulsory expenditure
    5.2      Differentiated appropriations
    5.3     Type of revenue involved
6.  TYPE OF EXPENDITURE
    - Other: financial compensation for a third country in exchange for fishing
        possibilities granted by the latter and set out in the Protocol
7.  FINANCIAL IMPACT
    7.1     Method of calculating total cost of operation (definition of unit costs)
            See Annex to Protocol
                                          s
 ---pagebreak---      7.2       Itemised breakdown of cost
                                                                        CA (ECU million (current))
                  Breakdown                             1998         1999    TOTAL
 Financial consideration - Article 2                     1.4         1.85      3.25
 Appropriations - Article 41                             1.4         1.85      3.25
 TOTAL                                                   2.8          3.7      6.50
     7.3       Indicative schedule of appropriations for proposed new operation
                                                                          (ECU million   (current))
                            1998                       1999                  TOTAL
Commitment                            2.8                       3.7                  6.5
appropriations
Payment
appropriations
1998                                  2.82                                           2.8
1999                                                            3.73                 3.7
TOTAL                                 2.8                       3.7                  6.5
   Scientific and technical programmes: ECU 450 000
   Maritime surveillance: ECU 800 000
   Support for artisanal fishing: ECU 320 000
   Institutional support for Ministry of Fisheries: ECU 800 000
   Training: ECU 390 000
   Contribution to international organisations: ECU 100 000
   Participation in international meetings: ECU 390 000.
   Estimates:
   ECU 1.4 million by way of the financial consideration under Article 2 and ECU 1.4 million in
   appropriations under Article 4.
   ECU 1.85 million by way of the financial consideration under Article 2 and ECU 1.85 million in
   appropriations under Article 4.
                                                      3-1
 ---pagebreak--- 8.    FRAUD PREVENTION MEASURES; RESULTS OF MEASURES TAKEN
      Since it constitutes payment for a service (the possibility of fishing), the financial
      consideration paid by the Community is to be used by the authorities of the third
      country as they see fit, subject only to the forwarding of reports on the use of certain
      appropriations to the Community in accordance with the provisions of each
      Agreement. In the case of Guinea, an annual report must be submitted on the
      implementation of all the measures covered by Article 4 of the Protocol and the
      results achieved; payments may be reconsidered in the light of the actual
      implementation of the various measures.
      Furthermore, the Member States must guarantee the accuracy of figures on vessels'
      tonnage certificates so the calculation of the financial consideration (and fees) is not
      open lo dispute. To that end, the Agreement provides for statements of catches by
      Community vessels.
9.    ELEMENTS OF COST-EFFECTIVENESS ANALYSIS
                                                      1996-97                      1998-99
            Category                 Fishing possibilities        Rate of          Fishing
                                              (grt)              utilisation    possibilities
                                                                                     (grt)
Trawlers:                                                                        breakdown
- of which shrimp trawlers                                      1996: 20%           1000
    of which fin-fish        and     5 000 (sole category)      1997: 60%           4 000
cephalopod trawlers
Tuna seiners                              28 vessels                91%          33 vessels
Polc-and-line tuna vessels                 7 vessels                86%           13 vessels
Surface longliners                         7 vessels                79%          28 vessels
Total tuna vessels                        42 vessels                             74 vessels
     The EC-Guinea Agreement granted up to 12 000 grt worth of fishing possibilities
     until 1993. Competition from illegal fishing turned Community vessels away from
     the Agreement and induced the Community to reduce its trawler fishing possibilities
     to 5 000 grt under the last Protocol applying, with a proportional reduction in the
     financial consideration borne by the EC budget. In 1996, the new authorities in
     Guinea set about improving conditions in the fisheries sector, which entailed in
     particular the rational management of access to resources and better scientific
     indices for stocks available for fishing. This new situation had the positive effect of
     enticing a significant number of Community vessels to return to local waters in
     1997, as confirmed by overall applications for trawler fishing possibilities submitted
                                               \7 •"»
 ---pagebreak---  by Community shipowners under the forthcoming Protocol, which cover a total of
 8 840 grt, i.e. more than the 5 000 grt in the current Protocol. Guinea also has a
 significant cephalopod catch potential. This is already being fished at present and
 will be very useful during biological recovery periods provided for in Agreements
 with neighbouring countries (Morocco, Mauritania and, where applicable, Senegal),
 or as an area for redeploying the cephalopod fishing fleet should any reduction in
 the fishing possibilities under the Agreement with Morocco exclude it from
 Moroccan waters.
 For the sake of caution and with an eye to the stringency demanded by the Council
 (in the conclusions of the Council meeting on fisheries of 30 October 1997), the
 Community has limited its purchases of trawler fishing possibilities for 1998-99 to
 the previous level of 5 000 grt, albeit specifying the categories so Guinea can draw
 up its annual fishing plans more easily.
 Although the fishing possibilities remain stable, the Agreement should be reassessed
 in financial terms since, fishing conditions being comparable at subregional level,
 the financial conditions per grt offered Guinea should be brought into line, in
 accordance with the consistency sought by the Council, with those the Community
 has granted neighbouring countries, bearing in mind the specific character of the
 resources (biologically and in terms of commercial value) available in Guinea's
 fishing zone. In view of the scale of the adjustment involved (from ECU 400/grt
 (under the last Protocol) to ECU 740/grt), harmonisation has been spread over two
 years and will'only become effective in 1999. This explains the increase in the
 financial consideration during the two years covered by the Protocol and the fact
 that the overall financial compensation rises from ECU 4.0 million to ECU 6.5
million for two years. The Guinean authorities have also refused to consider a
protocol covering more than two years as the Community would have liked.
Tuna fishing possibilities rise from 42 to 74 vessels. The Agreement also allows
nearly 100 vessels into Guinea's EEZ (approximately 25 trawlers and 74 tuna
vessels) compared with the 67 vessels in the previous Protocol.
ECU 3.25 million has been earmarked for measures to develop fishing (scientific
research, maritime surveillance, training, support for artisanal fishing, etc.). These
measures account for 50% of the total cost of the Agreement as compared with 40%
under the previous Protocol, bearing witness to the Commission's desire to ensure
that, alongside the development of fishing activities by Community vessels, there is
sustainable development of the Guinean fisheries industry and closer monitoring of
the implementation of measures (cf. Article 4 of the Protocol).
Shipowners' fees are increased by 5% from 1 January 1999. The advances paid by
tuna vessel owners for tuna fishing licences will also rise to:
- ECU 1 800 from ECU 1 500 for tuna seiners;
- ECU 500 from ECU 300 for surface longliners,
with a view to strengthening the sense of responsibility of owners.
As regards the benefit of the Agreement, given the commercial value of the
cephalopods, shrimps and demersal fish that can be caught in Guinea under the
                                        -7 17
 ---pagebreak---     Agreement, the value of catches far exceeds the cost (ECU 6.5 million) of the
    Agreement.
    On top of the direct commercial value of the catches, the Agreement has the
    following advantages:
    - guaranteed jobs on board fishing vessels,
    - multiplier effect on employment in ports, fish auctions, processing plants,
       shipyards and service industries in the regions concerned,
    - job creation in regions where there is no alternative to fisheries,
    - supply of fishery products to the Community market.
    Naturally, in addition to these advantages, account should be taken of the
    importance of the EU's relations with the Republic of Guinea at political level as
    well as for the fishing industry.
10. ADMINISTRATIVE EXPENDITURE (PART A OF THE BUDGET)
    No impact on administrative expenditure.
                                           3Y
 ---pagebreak---                                                                    ISSN 0254-1475
                                                            COM(98) 129 final
                                              DOCUMENTS
EN                                                                03   11   06
                                    Catalogue number : CB-CO-98-135-EN-C
                                                             ISBN 92-78-31787-X
Office for Official Publications of the European Communities
L-2985 Luxembourg
                                        3-r