CELEX: 51989PC0601(02)
Language: en
Date: 1989-12-01
Title: PROPOSAL FOR A COUNCIL REGULATION ( EEC ) ON THE CONCLUSION OF THE PROTOCOL ESTABLISHING FOR THE PERIOD FROM 16 JUNE 1989 TO 15 JUNE 1991 THE FISHING RIGHTS AND FINANCIAL COMPENSATION PROVIDED FOR IN THE AGREEMENT BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND THE REPUBLIC OF GUINEA-BISSAU ON FISHING OFF THE COAST OF GUINEA-BISSAU

COMMISSION OF THE EUROPEAN COMMUNITIES
                                                      COM (89) 601 final
                                                      Brussels, 1 December 1989
                                 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 16 June 1989 to 15 June 1991 the fishing rights and financial
   compensation provided for in the Agreement between the European Economic
   Community and the Government of the Republic of Guinea-Bissau on fishing
   off the coast of Guinea-Bissau
                                 Proposal for a
                           COUNCIL REGULATION (EEC)
  on the conclusion of the Protocol establishing for the period from 16 June
  1989 to 15 June 1991 the fishing rights and financial compensation provided
  for in the Agreement between the European Economic Community and the
  Republic of Guinea-Bissau on fishing off the coast of Guinea-Bissau
                         (presented by the Commission)
 ---pagebreak---                           rawAirairar MraraAwrraf           (^      ^
The Protocol annexed to the fisheries Agreement between the European
Economic Community and the Government of the Republio of Guinea-Bissau,
signed in Bissau on 27 February 1980 and last amended by the Agreement
signed in Brussels on 29 June 1987, expired on 15 June 1989.
Following negotiations held in Brussels on 7, 8 and 9 June 1989, a new
Protocol between the European Economic Community and the Government of the
Republic of Guinea-Bissau was Initialled on 9 June 1989.
The new Protocol lays down the following fishing rights for the period from
16 June 1989 to 15 June 1991:
(la) Freezer shrimp trawlers: 10 000 grt a month, anrnial. average
(lb) Freezer fin fish and oephalopod trawlers: 5 000 grt a month, annual
     average
(2) Freezer tuna seiners: 45 vessels
(3) Pole-and-line tuna vessels: 15 vessels,
(4) Surface longliners: 35 vessels.
The Community will pay ECU 10 830 000 million in financial compensation
during the life of the Protocol, and will also contribute ECU 550 000 to
help finance a Guinea-Bissau scientific or technical programme.
In addition, ECU 559 000 will be provided In awards for study and practical
training.
New fees to be paid by shipowners have also been fixed.
 ---pagebreak---                                    - 2 -
In the light of the foregoing, the Commission proposes that, as soon as
possible, the Council:
1.   adopt the Decision attached hereto in order to conclude the Agreement
     in the form of an exchange of letters on the provisional application
     of the Protocol establishing the fishing rights and financial
     compensation provided for in the Agreement between the European
     Economic Community and the Government of the Republio of Guinea-Bissau
     on fishing off the caost of Guinea-Bissau for the period from 16 June
     1989 to 15 June 1991;
2.   adopt the Regulation attached hereto in order to conclude the Protocol
     establishing the fishing rights and financial compensation provided
     for In the Agreement between the European Eoonomio Community and the
     Government of the Republio of Guinea-Bissau on fishing off the coast
     of Guinea-Bissau for the period from 16 June 1989 to 15 June 1991.
                                                                    j
 ---pagebreak---                                   PROPOSAI, *ra A
                             COMCTL DHfTTSICM
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 16 June 1989 to 15 June 1991 the fishing rights and financial
compensation provided for in the Agreement between the European Economic
Community and the Government of the Republio of Guinea-Bissau on fishing
off the coast of Guinea-Bissau
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economio Community,
Having regard to the Act of Accession of Spain and Portugal, and in
particular Article 155(2)(b) thereof,
Having regard to the Agreement between the European Economio Community and
the Government of the Republic of Guinea-Bissau on fishing off the coast of
Guinea-Bissau signed in Bissau on 27 February 19801 and last amended by
the Agreement signed in Brussels on 29 June 1987, 2
Having regard to the proposal from the Commission,
Whereas the Community and the Republlo of Guinea-Bissau conducted
negotiations to determine the amendments or additions to be made to the
Agreement on fishing off the coast of Guinea-Bissau at the end of the
period of application of the Protocol;
Whereas, as a result of these negotiations, a new Protocol was initialled
on 9 June 1989;
Whereas, under that Protocol, Community fishermen have fishing rights in
the waters under the sovereignty or Jurisdiction of the Republio of Guinea-
Bissau for the period from 16 June 1989 to 15 June 1991;
1    OJ No L 226, 29.8.1980, p. 33.                                    L
2    OJ NO L 113, 30.4.1987,p. 1.                                      -/
 ---pagebreak---                                      - 2 -
T-foereas, under Article 155(2)(b) of the Act of Accession, it is for the
Council to determine the procedures appropriate to take into consideration
all or part of the interests of the Canary Tsl arris when it adopts
decisions, case by case, particularly with a view to the conclusion of
fisheries agreements with third countries; whereas the case in point calls
for the said procedures to be determined;
Whereas, in order to avoid any interruption in the fishing activities of
Community vessels, it is essential that the Protocol in question be
approved 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 the
Agreement In the form of an exchange of letters should be concluded pending
a final, decision taken on the basis of Artlole 43 of the Treaty,
HAS DECIDED AS FOLLOWS:
                                   Article 1
The Agreement in the form of an exchange of letters concerning the
provisional application of the Protocol establishing for the period from
16 June 1989 to 15 June 1991 the fishing rights and financial compensation
provided for in the Agreement between the European Economio Community and
the Republio of Guinea-Bissau Is hereby approved on behalf of the
Community.
The text of the Agreement is attached to this Decision.
                                   Article 2
With a view to taking Into considération the interests of the Canary
Islands, the Agreement referred to in Article 1 and, in so far as is
necessary for its application, the provisions of the common fisheries
policy relating to the conservation and management of fishery resources
                                                                        r
 ---pagebreak---                                     - 3
shall, also apply to vessels which sail under the flag of Spain, which are
recorded on a permanent basis in the registers of the relevant authorities
at local level ('registros de base') in the Canary Islands, under the
conditions specified in Note 6 to Annex I to Council Regulation (EEC)
No 570/86 of 24 February 1986 ooncerning the definition of the concept of
 'originating products' and methods of administrative cooperation In trade
between the customs territory of the Community, Ceuta and Melilla and the
Canary Islands.1
                                  Article 3
The President of the Council is hereby authorized 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 Brussels,                    1989
                                                 For the Council
                                                 The President
      OJ No L 56, 1.3.1986, p. 1.                                          C
 ---pagebreak---                                   PROPOSAL K2R A
                                         fflntD NO
on the conclusion of the Protocol establishing for the period from 16 June
1989 to 15 June 1991 the fishing rights and financial compensation provided
for in the Agreement between the European Economic Community and the
Republic of Guinea-Bissau on fishing off the coast of Guinea-Bissau
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economio Community,
and In particular Article 43 thereof,
Having regard to the Act of Accession of Spain and Portugal, and In
particular Article 155(2)(b) thereof,
Having regard to the proposal from the Commission,1
Having regard to the opinion of the European Parliament,2
Whereas, pursuant to the Agreement between the European Economio Community
and the Government of the Republic of Guinea-Bissau on fishing off the
coast of Guinea-Bissau signed in Bissau on 27 February 19803 and last
amended by the Agreement signed in Brussels on 29 June 1987,4 the two
Parties conducted negotiations to determine the amendments or additions to
be made to the Agreement at the end of the period of application of the
Protoool;
Whereas, as a result of these negotiations, a new Protocol establishing the
fishing rights and financial compensation provided for in the above-
mentioned Agreement for the period from 16 June 1989 to 15 June 1991 was
Initialled on 9 June 1989;
1    OJ No L
2    OJ No L
3    OJ No L 226, 29.8.1980, p. 33.                                     _^
4    OJ NO L 113, 30.4.1987, p. 1.                                      '
 ---pagebreak--- •ïhereas, under Article 155(2)(b) of the Act of Accession, it is for the
Coctncil to determine the procedures appropriate to take into consideration
ell or psxt of the interests of the Canary Islands when it adopts
decisions, case by$ase, particularly with a view to the conclusion of
fisheries agreements with third countries; whereas the case in point <^riig
for the said procedures to be determined;
Whereas it is in the Community's interest to oonolude the Protocol,
HAS ADOPTED THIS REGULATION:
                                    Article 1
The Protocol establishing for the period from 16 June 1989 to 15 June 1991
the fishing rights and financial compensation provided for in the Agreement
between the European Economio Community and the Republio of Guinea-Bissau
on fishing off the coast of Guinea-Bissau is hereby approved on behalf of
the Community.
The text of the Protocol is attached to this Regulation.
                                    Article 2
With a view to taking Into consideration the Interests of the Canary
Islands, the Agreement referred to in Article 1 and, In so far as is
necessary for its application, the provisions of the common fisheries
policy relating to the conservation and management of fishery resources
shall also apply to vessels which sail under the flag of Spain, which are
recorded on a permanent basis in the registers of the relevant authorities
at local level ('registros de base 1 ) In the Canary Islands, under the
conditions specified in Note 6 to Annex I to Council Regulation (EEC)
No 570/86 of 24 February 1986 ooncernlng the definition of the concept of
 'originating products' and methods of administrative cooperation In trade
between the customs territory of the Community» Carta and Melilla and the
Canary Islands.1
      O J N o L 56, 1.3.1986, p. 1.
 ---pagebreak---                                    - 3
                                 Article S
The President of the Council is hereby authorized 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 that of
its publication in the Official Journal of tha European Communities.
This Regulation shall be binding in its entirety and directly applicable in
all Member States.
Done at Brussels,               1989
                                                For the Council
                                                The President
                                                                      3
 ---pagebreak---        establishing for the period from 16 June 1989 to 15 June 1991
               the fishing rights and financial compensation
   provided for in the Agreement between the European Economic Community
          and the Government of the Republic of Guinea-Bissau on
                   fishing off the coast of Guinea-Bissau
THE PARTIES TO TEES PROTOCOL,
Having regard to the Agreement between the European Economic Community and
the Government of the Republic of Guinea-Bissau on fishing off the coast of
Guinea-Bissau signed in Bissau on 27 February 1980 and last amended by the
Agreement signed in Brussels on 29 June 1987,
HAVE AGREED AS FOLLOWS:
                                 Article 1
For a period of two years from 16 June 1989, the fishing rights granted
under Article 4 of the Agreement shall be as follows:
(la) Freezer shrimp trawlers: 10 000 grt a month, annual average
(lb) Freezer fin fish and cephalopod trawlers: 5 000 grt a month, annual
     average
(2) Freezer tuna seiners: 45 vessels
(3) Pole-and-line tuna vessels: 15 vessels,
(4) Surface longliners: 35 vessels.
                                 Article 2
1. The financial compensation referred to in Article 9 of the Agreement
shall be, for the period referred to in Article 1, EOT 10 830 000, payable
in two equal annual instalments.
2. The use to which this compensation is put shall be the sole
responsibility of the Government of the Republio of Guinea-Bissau.
3. The compensation shall be paid into an account opened with a financial
institution or any other body designated by Guinea-Bissau.
 ---pagebreak---                                     - 2 -
                                  Article g
At the request of the Community, the fishing rights referred to in
Article 1(1) may be increased by successive instalments of 1 000 grt a
month, calculated on an annual average basis. In this case, the financial
compensation referred to in Article 2 shall be increased proportionately.
                                  Article 4
The Community sha.11 also contribute during the period referred to in
Article 1 the sum of EOT 550 000 towards the financing of a Guinea-Bissau
scientific or technical programme to improve information on the fishery
resources within the exclusive economic zone of Guinea-Bissau and the
functioning of the marine biology laboratory.
This sum shall be made available to the Government of the Republio of
Guinea-Bissau and paid into the account indicated by the Guinea-Bissau
authorities.
                                  Article 9
The two Parties agree that improving the sft111 s of those involved in sea
fishing is a vital element in the success of their cooperation. To that
end, the Connnunitv shall make it easier for nationals of Guinea-Bissau to
find places In establishments in its Member States and shall provide for
that purpose, during the period referred to In Article 1, 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 EOT 550 000. At the request of the
Guinea-Bissau authorities, part of this sum may be used to cover the costs
of participation in International meetings or training courses concerning
fisheries or -Use organization of seminars on fishing In Guinea-Bissau, or
to strengthen the administrative infrastructure of the Office of the
Secretary of State for Fisheries. The sum shall be payable as and when it
is used.
                                                                           ^1
 ---pagebreak---                                    ÀrUd&ii
D:.^uld the Cainmunity fail to make the payments provided for in Articles 2
sz:i 4, : ^3 amplication of this Protocol may be suspended.
                                   Article 7
TD& Aansx bo iihe Agreement between the European Economic Ccmmunity and the
GoverzL?.3at of the Republic of Guinea-Bissau on fishisg off the coast of
Giànea-Bissau is hereby repealed and replaced by the Annex to this
Protocol.
                                   Article 8
Tbis Protocol shall enter into force on the date on which it is signed.
It shall be applicable from 16 June 1989.
                                                                            AZ
 ---pagebreak---                               DRAFT MSREBSBSŒ
in the form of an exchange of letters concerning the provisional
application of the Protocol establishing for the period from 16 June 1989
to 15 June 1991 the fishing rights and financial compensation provided for
in the Agreement between the European Economic Community and the Government
of the Republic of Guinea-Bissau on fishing off the coast of Guinea-Bissau
A. Letter from the Government of Guinea-Bissau
Sir,
With reference to the Protocol initialled on 9 June 1989 establishing
fishing rights and financial compensation for the period from 16 June 1989
to 15 June 1991, I have the honour to inform you that the Government of
Guinea-Bissau is ready to apply this Protocol on a provisional basis, with
effect from 16 June 1989, pending its entry into force in accordance with
Article 8 of the said Protocol, provided that the European Economio
Community is disposed to do the same. The period of validity of licences
valid at 15 June 1989 is extended to 1 August 1989.
This is on the understanding that a first instalment equal to half of the
financial compensation specified in Article 2 of the Protocol is paid by
30 October 1989.
I should be obliged if you would confirm the European Economic community's
agreement to such provisional application.
Please accept, Sir, the assurance of my highest consideration.
                                        For the Government of
                                        the Republio of Guinea-Bissau
                                                                           *s
 ---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 9 June 1989 establishing
        fishing rights and financial compensation for the period from 16 June
        1989 to 15 June 1991, I have the honour to Inform you that the
        Government of Guinea-Bissau is ready to apply this Protocol on a
        provisional basis, with effect from 16 June 1989, pending its entry
        into force in accordance with Article 8 of the said Protocol, provided
        that the European Economic Community is disposed to do the same. The
        period of validity of licences valid, at 15 June 1989 is extended to
        1 August 1989.
        This is on the understanding that a first instalment equal to half of
        the financial compensation specified in Article 2 of the Protocol is
        paid by 30 October 1989.
        I should be obliged if you would oonfirm the European Eoonomio
        Community's agreement to such provisional application.N
   I have the honour to confirm the European Boonomio Community's agreement to
   this provisional application of the Protoool.
   Please accept, Sir, the assurance of my highest considération.
                                                    On behalf of the Council
                                                    of the European Communities
                                                                         iit
i
at
 ---pagebreak---                                     ANNEX
  Conditions for the exercise of fishing activities by Community vessels
                       In Guinea-Bissau's fishing zone
A. Licence application and Issuing formalities
The procedure for applications for, and issue of, the licences enabling
Community vessels to fish in Guinea-Bissau's fishing zone shall be as
follows:
The relevant Community authorities shall present to the Office of the
Secretary of State for Fisheries of the Republio of Guinea-Bissau, via the
Commission Delegation in Guinea-Bissau, an application for each vessel that
is to be used for fishing under the Agreement, at least 30 days before the
date of conmencement of the period of validity requested.
The applications shall be made on the forms provided for that purpose by
the Government of the Republic of Guinea-Bissau, specimens of which are
attached hereto (Annex 1).
Each licence application shall be accompanied by proof of payment of the
fee for the period of the licence's validity. Payment shall be made into
the account referred to in Article 2 of the Protocol.
Licences for tamai seiners, pole-and-line tuna vessels and surface               \
longliners shall be issued by the Guinea-Bissau authorities within the 30-    J-
day time limit laid down above to the shipowners or their representatives     j
via tts Delegation of the OcmdBslon of the Biropea* C o m i t i e s m ami*»-   \
Bissau.                                                                       :
Freezer trawlers must be present in the port of Bissau when the licence is
handed over. 2fce Delegation of the Commission of the European Communities
shall be notified of each licence issued.
                                                                          A$>
 ---pagebreak---                                       - 2 -
  Licences shall be Issued for a specifio vessel and shall not be
  transferable. However, at the request of the European Economio Community,
  and where force majeure is proven, a vessel's licence shall be replaced by
  a new licence for another vessel whose features are similar to those of the
  first vessel. The owner of the first vessel shall return the cancelled
  licence to the Offioe of the Secretary of State for Fisheries of the
  Republic of Guinea-Bissau via the authorities of the Commission of the
  European Communities.
  By way of derogation from Article 4(3) of the Agreement, licences shall be
  valid for quarterly, half-yearly or annual periods.
  The licence must be held on board at all times.
  l.   Provisions applicable, to trawlers
  (a) For the duration of this Protoool the fees for annual licences shall
|       be as follows:
|       EOT 100 per grt per year for fin fish trawlers;
\      ECU 116 per grt per year for oephalopod trawlers;
i      BOT 160 per grt per year for shrimp trawlers.
< (b) For the duration of this Protoool the fees for half-yearly licences
|       shall be as follows:
I      EOT 57.5 per grt per half-year for fin fish trawlers;
I      EOT 66.5 per grt per half-year for oephalopod trawlers;
\      EOT 92 per grt per half-year for shrimp trawlers.
f
f
I (c) The fees for quarterly licences shall be as follows:
1      EOT 30 per grt per quarter for fin fish trawlers;
'       EOT 35 per grt per quarter for oephalopod trawlers;
j      EOT 48 per grt per quarter for shrimp trawlers.
  However, vessels which land only 25 kg of fish per grt per quarter, in
  accordance with the provisions of part C of this Annex, shall be obliged to
  pay an additional fee of BOT 6 per grt per quarter.
                                                                           A6
 ---pagebreak--- 2.    Provisions ^ppHnahle to tuna vessels and surface longliners
 (a) The fees shall be EOT 20 per tonne caught within Guinea-Bissau's
      fishing zone.
(b) Licences shall be issued following payment to the Office of the
      Secretary of State for Fisheries of a lump sum of EOT 1 500 a year for
      each tuna seiner and EOT 300 a year for each pole-and-line tuna vessel
      and surface longliner, equivalent to the fees for:
      - 75 tonnes of tuna caught per year in the case of seiners;
      - 15 tonnes caught per year in the case of pole-and-line tuna vessels
        and surface longliners.
The final statement of the fees due for the fishing period shall be drawn
up by the Commission of the European Communities at the end of each
calendar year on the basis of the catch statements made by each shipowner
and confirmed by the scientific institutes responsible for verifying catch
data (ORSTOM and IE0 - Spanish Institute of Oceanography). The statement
shall be forwarded simultaneously to the Offloe of the Secretary of State
for Fisheries and to the shipowners. Any additional payment due shall be
made by the shipowners to the Offloe of the Secretary of State for
Fisheries of Guinea-Bissau by 31 Hay of the following year at the latest,
in accordance wttfc the procedure for payment set out In Article 2 of the
Protocol.
However, if the amount of the final statement Is lower than the above-
mentioned amount, the resulting balance shall not be reimbursable.
B . fitfttflamt o r catch,
For all Community vessels authorized to fish In Guinea-Bissau's waters
under the Agreement a statement of their catch must be provided to the
Offloe of the Secretary of State for Fisheries, with a copy to the
Commission Delegation In Guinea-Bissau, in accordance with the procedures
set out below:
      for trawlers a statement shall be made out according to the specimen
      annexed hereto (Annex 2). The statements shall be drawn up each month
      and presented at least once each quarter;
                                                                         *   \
 ---pagebreak---                                       - 4-
        for tuna seiners, pole-and-line tuna vessels and surface longliners a
        fishing logshall be kept, in accordance with Annex 3, for each fishing
        period spent in Guinea-Bissau's fishing zone. The form must be sent,
        within 45 days of the end of the fishing voyage spent in the Guinea-
        Bissau fishing zone, to the Office of the Secretary of State for
        Fisheries via the Delegation of the Commission of the European
        Communities in Guinea-Bissau;
        forms must be completed legibly and be signed by the master of the
        vessel.
   Should this provision not be adhered to, the Government of Guinea-Bissau
   reserves the right to suspend the licence of the offending vessel until the
   formality has been complied with.
   c.   Tfl.nf11ng of oatyfti
 \ Trawlers authorized to fish in the Guinea-Bissau fishing zone shall, in
   order to make a contribution towards supplying the local population with
j  fish caught In the Guinea-Bissau fishing zone, be obliged to land the
\  following quantities free of charge, on the basis of the list set out in
l  Annex 1: 50 kg of fish per grt per quarter, of which 25 kg per grt per
j  quarter is optional.
>
.' Landings may be made individually or ooUeotively, mention being made of
j  the vessels concerned.
t
ï
X  Any failure to comply with the obligation to land catches shall render the
   offender liable to the following sanations applied by the Guinea-Bissau
   authorities:
        fine of EOT 1 500 per tonne not landed, and
        witMrawal and non-renewal of the licence of the vessel oonoemed or
        another vessel belonging to the same shipowner.
                                                                              IS
 ---pagebreak---                                    - 5-
D.   By-catch
1.   Fin fish trawlers may not hold on board crustaceans representing more
than 10% of their total catch in the Guinea-Bissau fishing zone.
     Cephalopod trawlers may not hold on board crustaceans representing
more than 5% or fish representing more than 10% of their total catch in the
Guinea-Bissau fishing zone.
2. Pole-and-line tuna vessels shall, moreover, be authorized to fish for
live bait in order to carry out their fishing activities in the Guinea-
Bissau fishing zone.
E.   Slgning-on of seamen
1. Owners who have been issued fishing licences under the Agreement shall
contribute to the on-the-job vocational training of Guinea-Bissau
nationals, subject to the conditions and limits set out below:
(1) each trawler owner shall undertake to employ:
     two seamen/fishermen on vessels of up to 300 grt;
     three seamen/fishermen on vessels of between 300 grt and 400 grt;
     four seamen/fishermen on vessels of more than 400 grt.
—-——.—.
employ Guinea-Bissau nationals, subject to the conditions and limits set
                                                                                I•'
out below:                                                                      .-
     for the fleet of tuna seiners, eight Guinea-Bissau seamen shall be          *
     signed on permanently In the Guinea-Bissau fishing zone;
     for the fleet of pole-and-line tuna vessels, eight Guinea-Bissau
     seamen shall be signed on for the tuna fishing season in the Guinea-        :
     Bissau fishing zone, all of them to be assigned to different vessels;
     for the fleet of surface longliners, eight Guinea-Bissau seamen shall
     be signed on for the fishing season in the Guinea-Bissau fishing zone,
     all of them to be assigned to different vessels.
                                                                           /?<2
 ---pagebreak---                                     - 6 -
3. The wages of these seamen/fishermen shall be fixed, before licences
are issued, by mutual agreement between the shipowners or their
representatives and the Offloe of the Seoretary of State for Fisheries; the
wages shall be borne by the shipowners and must Include the social
contrlfcutions to which the seaman is subject (including life assurance and
accident and sickness insurance).
Should the seamen not be signed on, owners of tuna seiners, pole-and-line
tuna vessels and surface longllners shall be obliged to pay a lump sum
equivalent to the wages of seamen not signed on.
This sum will be used for the training of seamen/fishermen in Guinea-Bissau
and is to be paid into an account specified by the Guinea-Bissau
authorities.
F.   TaiHTig an board of observers
(1) The observer's task sha.11. be to check on fishing activities in the
Guinea-Bissau fishing zone. Hé shall be offered every facility needed to
carry out his duties, Including access to premises and documents. He must
not remain on board any longer than is necessary for the accomplishment of
his duties. The master of the vessel shall facilitate the work of the
observer, who sha.11 be accorded the conditions enjoyed by officers of the
vessel. The salary and the social contributions of the observer shall be
borne by the Government of Guinea-Bissau.
Should the observer be taken on board in a foreign port, his travelling
costs shall be borne by the shipowner. Should a vessel with an observer on
board leave the Guinea-Bissau fishing zone, all measures must be taken to
ensure the observer's return to Guinea-Bissau as soon as possible at the
expense of the shipowner.
(2) Each trawler shall take on board an observer designated by the Office
of the Secretary of State for Fisheries.
(3) Tuna vessels and surface longllners shall take an observer on board at
the request of the Office of the Secretary of State for Fisheries.
     In that case, the port of embarkation shall be determined by mutual
agreement between the Office of the Secretary of State for Fisheries and
the shipowners or their representatives at a meeting to be arranged between
the two parties.
                                                                      So
 ---pagebreak---                                      - 7
G.   Inspection and monitoring
Any Community vessel fishing in Guinea-Bissau's fishing zone shall allow on
board any official of Guinea-Bissau responsible for inspection and
monitoring and shall assist him in the accomplishment of his duties. The
official must not remain on board any longer than is necessary for the
verification of catches by random checks and for any other inspection
relating to fishing activities.
H.   Fishing zones
The freezer trawlers referred to in Article 1 of the Protocol shall, be
authorized to fish in waters beyond twelve nautical miles from the base
lines.
I.   Mftfihgg mithnriw>A
The minimum mesh size authorized for the trawl body (mesh fully extended)
shall be:
(a) 60 mm for fin fish vessels;
(b) 40 mm for oephalopod vessels;
(c) 40 mm for shrimp vessels (this mesh shall be applicable from 1 August
     1989);
(d) 16 mm for fishing for live bait.
Outrigger fishing shall be authorized.
J.   Entering xnA Irartng 1ftft vrmn
All Community vessels fishing under the Agreement In the Guinea-Bissau zone
shall communioate to the radio station of the Offloe of the Secretary of
State for Fisheries the date and time and their position when entering and
leaving the Guinea-Bissau fishing zone.
The call sign, frequency and working hours of the station shall be
communicated to the shipowners by the Office of the Secretary of State for
Fisheries at the time the licence is issued.
In cases where this radio communication cannot be used, vessels may use
alternative means, such as telex (No 266 SEP BI) or telegram.
                                                                         2<\
 ---pagebreak---                                    - 8-
K. Procedure in naaa nf boarding
The authorities of the Commission of the European Communities in Guinea-
Bissau shall be notified within 48 hours of any boarding within the Guinea-
Bissau fishing zone of a fishing vessel flying the flag of a Member State
of the Community and shall at the same time receive a brief report of the
circumstances and reasons leading to the boarding.
Should the case be brought before a competent judicial body, the Guinea-
Bissau authorities may fix a bank security at the request of the Community
or the shipowner.
In that case, the Guinea-Bissau authorities sha.11 undertake to release the
vessel within 24 hours following the lodging of the bank security.
The bank security shall be released by the competent authority once the
master of the vessel concerned has been acquitted by the judicial decision.
Should one of the parties consider it necessary, it may request urgent
consultations under Article 10 of the Agreement.
                                                                         ^2_
 ---pagebreak---                                                      AViJçy 1
                                \
                        APPLICATION FORM
                                       FORA
                              FISHING LICENCE
                 For officiai ose only       Remarks
Nationality:
Licence No:
Date of signing:
Date of issue:
                                                              o
 ---pagebreak---              APPLICANT
             Name of firm:
             Trade Register No:
       \ o V Name and first nitftoi applicant:
             Date and 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:
Radar                         Sonar                   Netsonde
                                                      Netsonde Satellite
VHF                            SSB                    navigation                   Other:
No of seamen:
                                                                                                2Ly
 ---pagebreak--- CONSERVATION
Packed
in ice     D                          Ice +
                                refigeration
Freezing in brine                       Dry        Refrigerated sea water
Total refrigerating power:
Freezing capacity in tonnes/24 hours :
Hold capacity:
TYPE OF FISHING
A. Demersal
    Inshore
    demersal                               Deep-sea demersal
   Type of trawl:
   Cephalopods            D          Shrimp              Fish
   Length of trawl:                             :             Headline:
    Mesh size in the body:                                         I
    Mesh size in the wings:
   Speed of trawling:
B. Deep-sea pelagic (tuna)
   Pole and
   line                                           No of poles and lines
   Seine                                                      Length of net:      Depth of net:
   No of tanks:                                               Capacity in tonnes:
C. Longlines and pots
    Surface                                                    Bottom
    Length of lines:                                           No of hooks:
    No of lines:
    No of pots:
                                                                                                ^<r
 ---pagebreak--- SHORE INSTALLATIONS
Address and permit N o :
Name of firm:
Activities:
Domestic wholesale fish trade                                   export
Type and No of wholesale trader's card:
Description of processing and conservation plant:
No of employees:
MB: Indicate affirmative answers by a tick in the appropriate box.
                                                                       ^6
 ---pagebreak---                   Technical remarks
Authorization of the Office of the Secretary of State
                                                      2*
 ---pagebreak---                                                                       msLi
                           REPUBLIC OF GDINEA-BISSAD
                OFFICE OF THE SECRETARY OF STATE FOR FISHERIES
                                       BISSAU
                                                           APPROVED
                                              (Director of Industrial Fisheries)
                                    DBGLARATIOai
                              shipowner/representative of the sea-going vessel
(Name and registration number)
holding fishing licence No                       valid from                       to
                 undertakes to land                   tonnes of various fish, in
addition to the amounts licensed for the vessel referred to above, in the
port of Bissau on behalf of the Ministry of Fisheries. The fish should
preferably be of the following species: groupers (Epinepbelvs       spp. ;
Serranus spp.), sea breams (Sparus spp.), snappers (Pagellus           bellottli,
Lethrinus atlanticus,   Lutjanus spp.), barracudas (Spfcvraena spp.), barbel
(Galeoldes decadactylus), sea oats (Pantanemus quinguarum), croakers
(Pseudotollthus   spp.; Argyro&onas spp.), grunts QPomadasys spp.), jacks
(Caranx spp. ; Chloroscombrus sp. ; Lecapterws spp.), sea oatfishes (Arius
spp.).
In addition, he shall, within 15 days before the expiry of the licence,
notify the Ministry of Fisheries, via the Directorate for Industrial
Fisheries, of the landing date.
Bissau,
                             SHIPOWNER/REPRESENTATIVE
                               (Signature and stamp)
                                                                                  ^?
 ---pagebreak---                                                                                  I? hi din. rrr
                                                         STATISTICS ON CATCH AND ACTIVITY         Month :                Year:
  Name of vessel.;                                        Engine rating:                           Pishing method:
  Nationality (flag):                                     Gross registered tonnage:               Port of landing:
                                Fishing zone                                                             Species of fish
      Date                                            Number of hauls          Number of
                      Longitude              Latitude                        fishing hours
                                                                                                                                 Total
    1/
    2/
    3/
    4/
    5/
    6/
    7/
    8/
    9/
   10/
   11/
   12/
   13/
   14/
   15/
   16/
   17/
   18/
   19/
   20/                                                                                                                         .
   21/
   22/
   23/.                                                                                       » «
   24/
   25/
   26/
   27/
   28/
   29/
   30/
   31/
•              «                      j
 ---pagebreak---                                                                                                                                    /iju/iSti/fiSsJ
                                                                                                                                                     k:\uv: LOUBOO:; to, YIR* FISHERY
HLT.U'I.                                                                                                                                   t Fi*r»ng are* relers to the ol I n * boal Round or! minutes »r»d racord degrees ol latitude and longitude Be aura to record N'S and E/W
                                                                                                                                           5 The bottom hne (landing weighl I should be completed only >l the end ol ll>e trip Actual weight at lite tune ol unloading snou!d be recorded
 1 U      •,. .. >1 , f .. ntli LI,J j u li,is pu< day                                                                                     6 AH inlormetion reported herein win be kept strictly conlidental
i - . i...     i t . i . i . .-.,. I.J. .. iv. i co.i, ol :io tog to your correspondent or to ICCAT General Mot* 17. Madrid 1 Spam
 ---pagebreak--- FiSlMCIAL STATEMENT
                                               Date:
1. BUDGET HEADING: 420
2. TITLE: New EECHSnl nea-B1.3sau financial Protoool
3. LEGAL BASIS: EECH3uinea-Bissau Agreement on flashing off the coast
                 of Gulnea-Biassau
4. AIMS: Protocol and Annex for two-year period:
          - financial compensation
          - financing of scientific programme
          - awards
5. FINANCIAL IMPLEGATICNS      PERIOD      CURRENT FINANCIAL   FOLLOWING
                               OF 12             YEAR        FINANCIAL YEAR
                               MONTHS           (1989)           (1990)
5.0 EXPENDITURE
    - CHARGED TO THE BC
      BUDGET (REFUNDS/                     ECU 5 965 000     ECU 5 965 000
      INTERVENTIONS)                       (annual average) (annual average)
    - NATIONAL AiJTtrairriES
    - OTHER
5.1 REVENUE
    - EC OWN RESOURCES
      (LEVIES/CUSTOMS DUTIES)
    - NATIONAL
                                       1989          1990
5.0.1 ESTIMATED EXPENDITURE      ECU 5 965 000 ECU 5 965 000
5.1.1 ESTIMATED REVENUE             (annual        (annual        (annual
                                    average)       average)       average)
5.2 METHOD OF CALCULATION:
Financial compensation:                ECU 10 830 000
Scientific programme:                  BCU    550 000
Awards:                                EOT    550 000
                            Total cost EOT 11 930 000
                  Average annual cost ECU   5 965 000
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?                                                   YES
6.2     WILL A SUPPLEMENTARY BUDGET BE NECESSARY?                         NO
6.3     WILL FUTURE BUDGET .APPROPRIATIONS BE NECESSARY?                  YES
COMMENTS:
                                                                      3-7
 ---pagebreak--- tAMiV3WV¥W»?P ÎS AND EMPlflïMENT IMPACT STATUENT
The aim of this measure is to obtain fishing rights for Community
fishermen. It will involve taking on certain obligations (e.g. the payment
of licence fees), but these will be clearly outweighed by the benefit of
increased employment which will result.
                                                                    3 e.
 ---pagebreak---                                                                      ISSN 0254-1475
                                                               COM(89) 601 final
                                                      DOCUMENTS
EN                                                                              04
                                Catalogue number : CB-CO-89-567-EN-C
                                                             ISBN 92-77-55455-X
Office for Official Publications of the European Communities
L-2985 Luxembourg
                                                                               3.2