CELEX: 51993PC0338(02)
Language: en
Date: 1993-07-19
Title: Proposal for a COUNCIL REGULATION (EEC) on the conclusion of the Protocol establishing for the period 1 July 1993 to 30 June 1996 the fishing rights and financial compensation provided for in the Agreement between the European Community and the Republic of the Gambia on fishing off the Gambia

COMMISSION OF THE EUROPEAN COMMUNITIES
                                                      COM(93) 338 final
                                                      Brussels, 19 July 1993
                                         Proposal for a
                                    COUNCIL DECISION
  on the conclusion of an Agreement in the form of an Exchange of Letters concerning the
    provisional application of the Protocol establishing for the period from 1 July 1993 to
  30 June 1996 the fishing rights andfinancialcompensation provided for in the Agreement
  between the European Community and the Government of the Republic of the Gambia on
                                    fishing off the Gambia
                                         Proposal for a
                               COUNCIL REGULATION (EEC)
on the conclusion of the Protocol establishing for the period 1 July 1993 to 30 June 1996
the fishing rights andfinancialcompensation provided for in the Agreement between the
    European Community and the Republic of the Gambia on fishing off the Gambia
                              (presented by the Commission)
 ---pagebreak---                                                              -b-
                                                       PROPOSAL
                                                  COUNCIL DECISION
                                                       of
                  on the conclusion of an Agreement in the form of an Exchange of Letters
                  concerning the provisional application of the Protocol establishing for the
                  period from 1 July 1993 to 30 June 199 6 the fishing rights and financial
                  compensation provided for in the Agreement between the European
                 Community and the Government of the Republic of the Gambia on fishing off
                                                         the Gambia
THE COUNCIL OF THE BUROPBAN COMMUNITIES.                        HAS DBCIDBD AS FOLLOWS :
Having regard to the Treaty establishing the European                                    Art kit 1
             Community,
                                                                The Agreement in the form of an Exchange of Letters
                                                                concerning the provisional application of the Protocol
                                                                establishing for the period from 1 July 1993 to 30 June
                                                                199 6 the fishing rights and financial compensation
Having regard to the Agreement between the Buropean             provided for in the Agreement between the European
            Community and the Government of the Repu-                      Community and the Government of the Repu-
blic of the Gambia on fishing off the Gambia ('). which         blic of the Gambia on fishing off the Gambia is hereby
entered into force on 1 July 1987,                              approved on behalf of the Community.
Having regard to the proposal from the Commission,              The text of the Agreement is attached to this Decision.
Whereas the Community and the Republic of the
Gambia conducted negotiations to determine the amend-
ments or additions to be made to the abovementioned                                       Article 2
Agreement it the end of the period of application of the
Protocol annexed thereto;                                        The President of the Council is hereby authorized to
                                                                 designate the persons empowered to sign the Agreement
Whereas, ai a result of those negotiations, a new Protocol       in the form of an Exchange of Letters in order to bind the
was Imtlslledon 1 7 J u n e 1 9 9 3 ;                            Community.
Whereas, under that Protocol, Community fishermen                Done at Brussels,
have fishing rights in the waters under the sovereignty or
jurisdiction of the Republic of the Gambis for the period                                      For the Council
from 1 July 1993 to 30 June 1996;
                                                                                                The President
 Whereas, in order to avoid any interruption in the fishing
 activities of Community vessels, it is indispensable that
 the new Protocol be applied as soon as possible ; whereas,
 for this 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 the date of expiry of the Protocol in force ;
 whereas that Agreement should be approved pending 11
 final decision taken on the basis of Article 43 of the
 Treaty,
 (') OJ No L 146, 6. 6. 1987, p. 1.
 ---pagebreak---                            EXPLANATORY MEMORANDUM
The protocol annexed to the fisheries agreement between EEC and Gambia
expires on 30.6.1993. A new protocol was initialled by the two parties on
17.6.1993 setting technical and financial terms governing fishing by EEC
vessels in Gambia waters for the period 1.7.1993 to 30.6.1996.
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 EEC and Gambia from the
   period 1.7.1993 to 30.6.1996.
 ---pagebreak---                                       -w-
                                     AGfitLMLNI
In the form of an Exchango of Lottors concerning tho provisional
application of tho Protocol ostabllshing for tho period from 1 July 1993 to
30 Juno 199/) t ho fish I rig rights and financial compensation provldod for In
the Agroomont botwoon tho Iuropoan               Community and tho Covoinrnont of
the Republic of Tho Gambia on fishing off The Gambia.
A. Letter from the Government of the Republic of The Gambia
Sir.
With reference to the Protocol Initiallod on 1/ June 199.S establishing
fishing rights and financial compensation for the period from 1 July 1993
to 30 June 1996, 1 have the honour to Inform you that the Government of the
Republic of The Gambia Is ready to apply this Protocol on a provisional
basis, with effect from 1 July 1993, 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 one third of
the financial compensation specified In Article 3 of the Protocol Is paid
b
  y  31 October 1993.
 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 The Gambia
 ---pagebreak---                                     - 2 -
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 17 June 1993 establishing
fishing rights and financial compensation for the period from 1 July 1993
to 30 June 1996, ' have the honour to Inform you that the Government of the
Republic of The Gambia Is ready to apply this Protocol on a provisional
basis, with effect from 1 July 1993, 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 one third of
 the financial compensation specified in Article 3 of the Protocol is paid
by 31 0ctober1993.
 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.
                                          On behalf of the Council
                                          of the European Communities
 ---pagebreak---                                                                            -4»~
                                                       PROPOSAL
                                            COUNCIL REGULATION (EEC) N o
                                                             of
                   on the conclusion of the Protocol establishing for the period 1 July 199 3to 30 June 1996 the
                   fishing rights and financial compensation provided for in the Agreement between the European
                                    Community and the Republic of the Gambia on fishing off The Gambia
THE COUNCIL OF THE EUROPEAN COMMUNITIES.                                HAS ADOPTED THIS REGULATION
Having regard to the Treaty establishing the European
                                                                                                  Article I
Economic Community, and in particular Article 43
thereof,
                                                                        The Protocol establishing for the period from 1 July 1993 to
                                                                        30 June \9% the fishing rights and financial compensation
                                                                        provided for in the Agreement between the European
                                                                        Economic Community and the Republic of The Gambia on
                                                                        fishing off The Gambia is hereby approved on behalf of the
                                                                        Community.
Having regard to the proposal from the Commission (']                   The text of the Protocol is attached to this Regulation.
Having regard         to    the   opinion     of     the    European
Parliament ( 2 ),
                                                                                                  Article   2
Whereas, pursuant to the Agreement between the European                 The President of the Council is hereby authorized to
             Community and the Government of the Republic               designate the persons empowered to sign the Protocol in
of The Gambia on fishing off The Gambia ( 3 ), the t w o parties        order to bind the Community.
conducted negotiations to determine the amendments or
additions to be made to the Agreement at the end of the
period of application of the Protocol annexed t h e r e t o ( 4 ) ',
                                                                                                  Article   3
Whereas, as a result of those negotiations, a new Protocol              This Regulation shall enter into force on the third day
establishing the fishing rights and financial compensation              following its publication in the Official Journal of the
provided for in the abovementioned Agreement for the                    European     Communities.
period from 1 July 1 9 9 3 t o 3 0 June 199 6 w a s initialled o n
 17 June 1993;
  Whereas it is in the Community's interest to conclude the
  Protocol,
                            This Regulation shall be binding in its entirety and dircaly applicable in all Member
                            States.
                            Done at Brussels,
                                                                                                      For the   Council
                                                                                                        The   President
 (') OJ No C
 (*) Opinion delivered on                         (not yet published in
     the Official Journal).
     (•) OJ No I. 146,6. 6. 1987, p. ^.
U>r<(EEC)N.3940/90 of                1 9 . 1 2 . 1 9 9 0 , 0J No. L 379 of 31.12.90,p. 15
 ---pagebreak---                                         -f-
                                    PRQTQCOL
 establishing the fishing rights and financial compensation provided for In
 the Agreement between the European Economic Community and the Republic of
 The Gambia on fishing off the coast of The Gambia for the period from
  1 July 1993 to 30 June 1996.
                                    Article 1
 Pursuant to Article 4 of the Agreement and for the period from 1 July 1993
 to 30 Juno 1996, annual fishing rights shall be as follows:
 1. Tuna vessels :
     (a) Freezer seiners : 23 vessels
     (b) Pole and line     : 7 vessels
     Trawlers and other vessels :
                                                   GRT
     (a) Fresh fish trawlers :              410
     ( \) Freezer trawlers :
         - fishing for shrimps : 2.000    GRT
         - fishing for other species :    750   GRT
                                    Article 2
 The total number of fishing days by fresh fish vessels and freezer trawlers
  In The Gambia's fishing zone Is limited to 1,000 fishing days and 4,000
  fishing days, respectively. In each fishing year of application of the
 Protocol.
  The authorities of The Gambia shall notify the Commission Delegation in The
 Gambia when 80 % of the fishing days authorized for each category of vessel
  have been utilized.
                                     Article 3
  1. For the period referred to In Article 1 the financial compensation
     referred to In Article 9 of the Agreement shall be 1.100.000 ECU payable
      In three equal annual Instalments.
  2. The use to which this compensation Is put shall be the sole
      responsibility of the authorities of The Gambia.
  3. The compensation shall be paid to the Accountant General's Department of
      The Gambia.
C*0tf
 ---pagebreak---                                       ~.g~~
                                   Article 4  ,
1. The Community shall also contribute during the period referred to In
   Article 1 the sum of 80.000 ECU towards the financing of scientific
   programmes designed to Improve knowledge on the fish resources within
    the water8 of The Gambia.
2. Following communication by the relevant authorities of The Gambia of the
   content of the scientific programmes, the corresponding amounts shall
    be transmitted to the       account specified by those authorities.
3. The relevant authorities of The Gambia shall submit      to the relevant
    services of the Commission reports on the realisation of these
    programmes.
                                   Article 5
    The two Parties agree that improving the skills and knowledge of those
    Involved In sea fishing Is a vital element in the success of their
    cooperation. To that end, the Community shall make It easier for
    nationals of The Gambia to find places in establishments in its Member
    States and shall provide for that purpose awards for study and practical
    training in the various scientific, technical and economic disciplines
    relating to fisheries. The awards may also be used in any country
     linked with the Community by a cooperation agreement.
    The total cost of the awards may not exceed 220.000 ECU.    At the
    request of the relevant authorities of The Gambia, part of this sum may
    be used tô cover the costs of participation in international meetings or
    training courses concerning fisheries. The sum shall be payable as and
    when it Is used.
                                   Article 6
Should the Community fail to make the payments provided for in Articles     3
and 4, the app11 cat ion of this Protocol may be suspended.
                                   Article 7
The Annex to the Agreement between the European            Community and the
Government of the Republic of The Gambia on fishing off the coast of The
Gambia is hereby repealed and replaced by the Annex to this Protocol.
                                   Article 8
 This Protocol shall enter Into force on the date on which it Is signed.
 It shall be applicable from 1 July 1993.
 ---pagebreak---                                        - * > -
                                     ANNEX
Conditions for the exercise of fishing activities by Community vessels
In The Gambia's fishing zone
A. LICENCE APPLICATION AND ISSUING FORMALITIES
1. The relevant Community authorities shall present to the relevant
    authorities of The Gambia, via the Commission Delegation In The Gambia,
    an application for each vessel that Is to be used for fishing under the
    Agreement, at least 15 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 relevant authorities of The Gambia, a specimen of which Is attached
    hereto (Appendix 1 ) .
2. 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 an account opened with a financial Institution or any other body
    designated by The Gambia's authorities.
    The fees shall include all national and local charges except for port
    taxes and service charges.
 3. Licences for all vessels shall be Issued by the relevant authorities of
    The Gambia, within 15 days following receipt of proof of payment as laid
    down at 2 above, to the shipowners or their representatives via the
    Commission Delegation in The Gambia.
 4. Licences shall be issued for a specific vessel and shall not be
     transferable. However, at the request of the European Economic
    Community, a vessel's licence may, and In the case of force majeure
    shall be replaced by a new licence for another vessel with features
    similar to those of the first vessel. The owner of the first vessel
     shall return the cancelled licence to the relevant authorities of The
    Gambia via the Commission Delegation in The Gambia.
     The new licence shall indicate:
     - the date of Issue-,
     - the fact that It replaces the licence of the previous vessel for the
         remaining period of validity.
      In this case, no fee shall be due for unexpired period of validity.
 5. The licence must be held on board at all times.
 6. The Accountant General's Department of The Gambia shall give notice,
     before the Agreement enters Into force, of the arrangements for payment
     of the fee. Including information on bank accounts and the currencies to
     be used.
^%n
 ---pagebreak---                                       Ao—
B. PROVISIONS APPLICABLE TO LICENCES FOR TUNA VESSELS
1. Licences shall be valid for one year.   They shall be renewable.
2. The fee shall be set at ECU 20 per tonne caught within The Gambia's
   fishing zone.
3. Licences shall be Issued following payment to the Accountant General's
   Department of The Gambia of a lump sum of 1,000 ECU a year for each tuna
   seiner and 200 ECU a year for each pole-and-lI ne tuna vessel
             , equivalent to the fees payable for a catch of:
   - 50 tonnes of tuna per year in the case of seiners;
   - 10 tonnes per year In the case of pole-and-lIne tuna vessels
   The final statement of the fees due for the fishing period shall be
   drawn up by the Commission of the European Communities at the end of
   each calendar year on the basis of the catch statements made for each
   vessel and confirmed by the relevant scientific institutes, including
   the French Office de ta recherche scientifique et technique d'outre-flier
   (0RST0M) and the Instltuto Espanol de Oceanografla (IE0).
   The statement shall be forwarded simultaneously to the relevant
   authorities of The Gambia and to the shipowners. Any additional payment
   due shall be made by the shipowners to the Accountant General's
   Department of The Gambia no later than 30 days after notification of the
   final statement, to be paid into the account opened with a financial
    Institution or any other body designated by the relevant authorities of
   The Gambia.
   However, If the amount of the final statement Is lower than the above-
   mentioned amount, the resulting balance shall not be reimbursable.
 ---pagebreak---                                         -w-^-
C. PROVISIONS APPLICABLE TO LICENCES FOR OTHER VESSELS
1. Licences shall be valid for three, six or twelve months. The annual fee
    shall be fixed according to grt, in proportion to the duration of the
    licence, at the rate of :
    a) fresh fish vessels :
        - 96 ECU per GRT for vessels fishing for crustaceans,
        - 60 ECU per GRT for other vessels;
    b) freezer vessels :
        - 96 ECU per GRT for shrimp vessels.
        - 72 ECU per GRT for other vessels.
    These fees shall be paid to the Accountant General's Department of The
    Gambia In the currency Indicated by the relevant authorities of The
    GambI a.
2. Trawlers fishing In The Gambia's fishing zone shall be limited at a
    maximum of 1,500 GRT.
 3. Each vessel shall be represented by an agent selected by the shipowner
    and based in The Gambia. An agent may represent more than one vessel.
 D. STATEMENT OF CATCH
                        and
 1. For tuna seiners **t>oIe-and-1 Ine tuna vessels                      a
     fishing log shall be kept. In accordance with the model In Appendix 2,
     for each fishing period spent In The Gambia's fishing zone. The form
     must be sent, within 45 days of the end of the fishing voyage spent In
     The Gambia's fishing zone, to the relevant authorities of The Gambia's
     via the Commission Delegation In The Gambia;
 2. Trawlers are obliged to notify the relevant authorities of The Gambia of
     their catches using the standard form given In Appendix 3 via the
     Commission Delegation In The Gambia. These statements shall be monthly
     and must be communicated at least once every three months.
 3. Forms must be completed legibly and be signed by the master of the
     vesseI.
 4. Should these provisions not be adhered to, the relevant
     authorities of The Gambia reserve the right to suspend the licence of
     the offending vessel until the formality has been compiled with.
      In this case, the Commission Delegation In The Gambia shall be Informed.
 ---pagebreak--- E. LANDING QF CATCH
   Trawlers authorized to fish In The Gambia's fishing zone shall, In order
   to make a contribution towards supplying the local population with fish
   caught in The Gambia's fishing zone, be obliged to land free of charge,
   to the Ministry of Water Resources, Forestry and Fisheries of The
   Gambia, 30 kilos per GRT per year of fish for local consumption.
   Landings may be made Individually or collectively, mention being made of
   the vessels concerned.
F- S1GN1NG-0N OF SEAMEN
   1. Trawler owners who have been Issued fishing licences under the
       Agreement shall contribute to the on-the-job vocational training of
       The Gambia national, taking on board one seaman per trawler.
   2. The wage of this fisherman to be borne by the shipowners, sha11 be
       fixed by mutual agreement between shipowners and the relevant
       authorities of The Gambia. Should the fisherman not be signed on.
       the shipowners shall be obliged to pay a lump sum equivalent to 60 %
       of the seamen's wage. This sum will be used for the training of
       fishermen in The Gambia and is to be paid into an account specified
       by the relevant authorities of the Gambia.
G. FISHING ZONES
   Community vessels may carry out fishing activities in the following
   zones :
   - beyond 7 miles from the coast for trawlers
       equal or less than 250 GRT;
   - beyond 12 miles from the coast for trawlers                           of
       more than 250 GRT;
   - throughout the waters under sovereignty or Jurisdiction of The Gambia
       for tuna vessels.
H. MESHES AUTHOR I ZEP_
   The minimum mesh size authorized for the trawl body (mesh fully
   extended) shall be, when fishing for :
        I Ive ba11 : 8 mm
   -    cephalopods : 40 mm
   -    fin fish : 60 mm
   -    shr imp : 40 mm
    In the case of tuna, tho International standards recommended by ICCAT
    sha11 apply.
 ---pagebreak---                                -AS-
I. ENTERING AND LEAYING THE ZONE
1. All Community vessels fishing under the Agreement In The Gambia's
   fishing zone shall communicate to the Banjul radio station the date and
   time and their position when entering and leaving The Gambia's fishing
   zone.
2. While fishing In The Gambia's fishing zone, vessels shall notify their
   position and their catch to the relevant authorities of The Gambia every
   three days via the Banjul radio station, and give their total catch each
   time they leave the zone.
3. The call sign and operating frequencies and working hours of the station
   shall be communicated to the shipowners or their representatives by the
   relevant authorities of The Gambia at the time the licence is Issued.
4. In cases where this radio communication cannot be used, vessels may use
   alternative means, such as telex or telegram.
J. PROCEDURE IN CASE OF ARREST AND DETENTION
   The Commission Delegation In The Gambia shall be not Ifled wI thin 48
   hours of any arrest and detention within The Gambia's fishing zone of a
   fishing vessel flying the flag of a Member State of the Community and
   operating under this Agreement. A brief report of the circumstances and
    reasons leading to the arrest shall be provided within 72 hours.
 ---pagebreak---                                              -AH-
                                                Appendix 1
REPUBLIC OF THE GAMBIA
             APPLICATION FORM FOR FISHING VESSEL TO FISH IN CAMBIAN WATERS
  I. APPLICANT:
      1. .Name of applicant:
      2 . Name of company:
      3. Address:
 II. VESSEL:
      1. Name;
      2. Registration no:           ........
      3. Dace and place of construction:
      4 . Radio caH sign:
      5. Country of registration:
      6. Gross register tonnes:
      7. Number of fish holds:          ....
      8. Capacity of holds:
      9. Total number of crew:
     10. Fishing method:               „...
     11. Is the vessel a freezer?
     12. If yes:
          — Freezer capacity:
          — Storage capacity:
     13. Name of master of vessel:
III. PERIOD OF APPLICATION:
     From                            .-                   to
                                                                      (Date)
                                                                   (Signature)
 ---pagebreak---  ---pagebreak---                                                               ~<M-
                                                          Appendix 3
                                   Specimen of form provided for in Article 6 of the Agreement
                                                  STATEMENT OF CATCH
                                                                                           Month:
                                                                                           Year: ..
Name of vessel:
Nationality:                                                                               Gross tonnages:
Company:                                                                                   Licence No:
                 FISHING ZONE        Number                      SPECIES OF FISH (kilograms)
                                     of fishing                                                                   Comments
              Longitude   Latitude     hours                                             Other        Totals
                                                                                                                           **
                                                                                                             ,
                                                                                         •
                                                                           •
                                                                                                                .  —
                        •    • • -              -                    . ...
                                       Totals:
                                                                                                               1
 ---pagebreak---                                    «* #1 '• jÊ»
1. BUDGET HEADING      B7 - 800                          APPROPRIATIONS
2. TITLE : New EC/Gambia
3. LEGAL BASIS : EC/Gambia agreement
4. AIMS OF PROJECT : Protocol for a period of 3 years
5. FINANCIAL IMPLICATIONS                       PERIOD OF 12    CURRENT      FOLLOWING
                                                   MONTHS      FINANCIAL     FINANCIAL
5.0. EXPENDITURE                                               YEAR (93)     YEAR (94)
      - charged to the EC budget
        (refunds/intervention)
      - national administration                               466.700 ECU    466.700 ECU
      - other                                                 (annual        (annual
                                                                average)       average)
5.1. REVENUE
      - own resources of the EC
        (levies/customs duties)
      - national
                                                   1993      1994       1995
 5.0.1. ESTIMATED EXPENDITURE                    466.700 | 466.700     466.700
 5.1.1. ESTIMATED REVENUE                        (annual average)
 5.2. METHOD OF CALCULATION    - financial contribution           1.100.000 ECU
                               - scientific programme                80.000 ECU
                               - study grants                       220.000 ECU
                               Financial compensation             1.400.000 ECU
                               Average annual cost                  466.700 ECU
 6.0. CAN THE PROJECT BE FINANCED FROM APPROPRIATIONS ENTERED IN
      THE RELEVANT CHAPTER OF THE CURRENT BUDGET ?                              YES/,*0*^
 6.1. CAN THE PROJECT BE FINANCED BY TRANSFER BETWEEN CHAPTERS
      OF THE CURRENT BUDGET ?                                                   YES /yf
 6.2. IS A SUPPLEMENTARY BUDGET NECESSARY ?                                     Y^TNO
 6.3. WILL FUTURE BUDGET APPROPRIATIONS BE NECESSARY ?                          YES/Jf^
 OBSERVATIONS :
 ---pagebreak---                                                                      ISSN 0254-1475
                                                              COM(93) 338 final
                                                      DOCUMENTS
EN                                                                         11 03
                                Catalogue number : CB-CO-93-369-EN-C
                                                             ISBN 92-77'-57962-5
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