19.6.2009

EN

Official Journal of the European Union

L 156/31

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COUNCIL DECISION

of 28 May 2009

concerning the conclusion of an Agreement in the form of an Exchange of Letters on the provisional application of the Fisheries Partnership Agreement between the European Community and the Republic of Guinea

(2009/473/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 37 in conjunction with the first sentence of the first subparagraph of Article 300(2) thereof,

Having regard to the proposal from the Commission,

Whereas:

(1)	The Community has negotiated with the Republic of Guinea a Fisheries Partnership Agreement providing Community vessels with fishing opportunities in the waters over which the Republic of Guinea has sovereignty or jurisdiction in respect of fisheries.

(2)	As a result of those negotiations, a new Fisheries Partnership Agreement was initialled on 20 December 2008.

(3)	The Fisheries Agreement between the European Community, of the one part, and the Government of the Republic of Guinea, of the other part, of 28 March 1983 should be repealed by the new Fisheries Partnership Agreement.

(4)

In order to guarantee the continuation of fishing activities by Community vessels, it is essential that the new Fisheries Partnership Agreement be applied as quickly as possible. Both parties have therefore initialled an Agreement in the form of an Exchange of Letters providing for the provisional application of the new Fisheries Partnership Agreement as from 1 January 2009.

(5)	It is in the Community’s interest to approve the Agreement in the form of an Exchange of Letters on the provisional application of the Fisheries Partnership Agreement.

(6)	The method for allocating the fishing opportunities among the Member States should be defined,

HAS DECIDED AS FOLLOWS:

Article 1

The Agreement in the form of an Exchange of Letters on the provisional application of the Fisheries Partnership Agreement between the European Community and the Republic of Guinea on fishing off the coast of Guinea for the period from 1 January 2009 to 31 December 2012 is hereby approved on behalf of the Community, subject to the Council Decision on the conclusion of the Agreement.

The text of the said Agreement in the form of an Exchange of Letters is attached to this Decision.

Article 2

1.   The fishing opportunities set out in the Protocol shall be allocated among the Member States as follows:

(a)	tuna seiners: Spain 15 vessels France 11 vessels Italy 2 vessels

(b)	pole-and-line vessels: Spain 8 vessels France 4 vessels

2.   If applications for fishing authorisations from the Member States referred to in paragraph 1 do not cover all the fishing opportunities set by the Protocol, the Commission may consider applications for fishing authorisations from any other Member State.

Article 3

The Member States whose vessels fish under the Agreement referred to in Article 1 shall notify the Commission of the quantities of each stock caught within the Republic of Guinea’s fishing zone in accordance with Commission Regulation (EC) No 500/2001 of 14 March 2001 laying down detailed rules for the application of Council Regulation (EEC) No 2847/93 on the monitoring of catches taken by Community fishing vessels in third country waters and on the high seas (1) until the date of entry into force of the regulation establishing detailed rules within the meaning of Article 30 of Council Regulation (EC) No 1006/2008 (2), and in accordance with those rules thereafter.

Article 4

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.

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(1)  OJ L 73, 15.3.2001, p. 8.

(2)  Council Regulation (EC) No 1006/2008 of 29 September 2008 concerning authorisations for fishing activities of Community fishing vessels outside Community waters and the access of third country vessels to Community waters, amending Regulations (EEC) No 2847/93 and (EC) No 1627/94 and repealing Regulation (EC) No 3317/94 (OJ L 286, 29.10.2008, p. 33).

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19.6.2009

EN

Official Journal of the European Union

L 156/33

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AGREEMENT IN THE FORM OF AN EXCHANGE OF LETTERS

on the provisional application of the Fisheries Partnership Agreement between the European Community and the Republic of Guinea

Sir,

I am delighted that the Republic of Guinea and European Community negotiators have been able to reach a consensus on a Fisheries Partnership Agreement between the Republic of Guinea and the European Community, and on a Protocol setting out the fishing opportunities and financial contribution and the annexes thereto.

The result of these negotiations improves on the earlier Agreement and will strengthen our fisheries relations and establish a true partnership framework in which to develop a sustainable and responsible fisheries policy in Guinea’s waters. To this end, I would propose launching in parallel the procedures for approval and ratification of the texts of the Agreement, the Protocol and the Annex and Appendices thereto in accordance with the procedures in force in the Republic of Guinea and the European Community and necessary for their entry into

In order to avoid interrupting fishing activities by Community vessels in Guinea’s waters, and referring to the Agreement and the Protocol initialled on 20 December 2008 and setting out the fishing opportunities and financial contribution from 1 January 2009 to 31 December 2012, I have the honour to inform you that the Government of the Republic of Guinea is willing to apply this Agreement and this Protocol provisionally from 1 January 2009 pending their entry into force in accordance with Article 19 of the Agreement, provided that the European Community is prepared to do likewise.

This is on the understanding that the first instalment of the financial contribution, laid down by Article 2 of the Protocol, must be paid before 30 November 2009.

I should be grateful if you would confirm the agreement of the European Community to such a provisional application.

Please accept, Sir, the assurance of my highest consideration.

Sir,

I have the honour to acknowledge receipt of your letter of today’s date which reads as follows:

I am pleased to confirm the agreement of the European Community to a provisional application.

Please accept, Sir, the assurance of my highest consideration.

19.6.2009

EN

Official Journal of the European Union

L 156/35

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FISHERIES PARTNERSHIP AGREEMENT

between the Republic of Guinea and the European Community

THE REPUBLIC OF GUINEA,

hereinafter referred to as ‘Guinea’,

and

THE EUROPEAN COMMUNITY,

hereinafter referred to as ‘the Community’,

hereinafter referred to as ‘the Parties’,

CONSIDERING the close working relationship between the Community and Guinea, particularly in the context of the Cotonou Agreement, and their mutual desire to intensify that relationship.

CONSIDERING the desire of the two Parties to promote the sustainable exploitation of fishery resources by means of cooperation.

HAVING REGARD TO the United Nations Convention on the Law of the Sea.

DETERMINED to apply the decisions and recommendations of the International Commission for the Conservation of Atlantic Tunas, hereinafter referred to as ‘ICCAT’.

AWARE of the importance of the principles established by the Code of Conduct for Responsible Fisheries adopted at the FAO Conference in 1995.

DETERMINED to cooperate, in their mutual interest, in promoting the introduction of responsible fisheries to ensure the long-term conservation and sustainable exploitation of living marine resources.

CONVINCED that such cooperation must take the form of initiatives and measures which, whether taken jointly or separately, are complementary and ensure consistent policies and synergy of effort.

INTENDING, to these ends, to commence a dialogue on the sectoral fisheries policy adopted by the Government of Guinea and to identify the appropriate means of ensuring that this policy is effectively implemented and that economic operators and civil society are involved in the process.

DESIROUS of establishing terms and conditions governing the fishing activities of Community vessels in Guinean waters and Community support for the introduction of responsible fishing in those waters.

RESOLVED to pursue closer economic cooperation in the fishing industry and related activities through the setting up and development of joint enterprises involving companies from both Parties,

HEREBY AGREE AS FOLLOWS:

Article 1

Scope

This Agreement establishes the principles, rules and procedures governing:

—	economic, financial, technical and scientific cooperation in the fisheries sector with a view to promoting responsible fishing in Guinea’s fishing zones to guarantee the conservation and sustainable exploitation of fishery resources and develop Guinea’s fisheries sector,

—	the conditions governing access by Community fishing vessels to Guinea’s fishing zones,

—

cooperation on the arrangements for policing fisheries in Guinea’s fishing zones with a view to ensuring that the above rules and conditions are complied with, that the measures for the conservation and management of fishery resources are effective and that illegal, undeclared and unregulated fishing is prevented,

—	partnerships between companies aimed at developing economic activities in the fisheries sector and related activities, in the common interest.

Article 2

Definitions

For the purposes of this Agreement:

(a)	‘Guinean authorities’ means the Ministry responsible for fisheries;

(b)	‘Community authorities’ means the European Commission;

(c)	‘Guinea’s fishing zone’ means the waters over which, as regards fisheries, Guinea has jurisdiction. The fishing activities by Community vessels provided for in this Agreement shall be carried out only in the zones in which fishing is authorised under Guinean law;

(d)	‘fishing vessel’ means any vessel equipped for commercial exploitation of living aquatic resources;

(e)	‘Community vessel’ means a fishing vessel flying the flag of a Member State of the Community and registered in the Community;

(f)	‘Joint Committee’ means a committee made up of representatives of the Community and Guinea as specified in Article 10 of this Agreement;

(g)	‘transhipment’ means the transfer in or off the port of some or all of the catch from one fishing vessel to another vessel;

(h)	‘unusual circumstances’ means circumstances, other than natural phenomena, which are beyond the reasonable control of one of the Parties and are such as to prevent fishing activities in Guinean waters;

(i)	‘ACP seamen’ means any seamen who are nationals of a non-European signatory to the Cotonou Agreement. To this end, a Guinean seaman is an ACP seaman;

(j)	‘surveillance’ means the Centre National de Surveillance et de Protection des Pêches (CNSP);

(k)	‘Delegation’ means the European Commission Delegation to Guinea;

(l)	‘shipowner’ means any person legally responsible for a fishing vessel;

(m)	‘fishing authorisation’ means the right to engage in fishing activities for a specific period, in a specific zone or specific fishery in accordance with this Agreement.

Article 3

Principles and objectives underlying the implementation of this Agreement

1.   The Parties hereby undertake to promote responsible fishing in Guinea’s fishing zones on the basis of the principles of non-discrimination between the different fleets fishing in those waters, without prejudice to the agreements concluded between developing countries within a geographical region, including reciprocal fisheries agreements.

2.   The Parties undertake to establish the principles of dialogue and of prior consultations, in particular as regards implementation of the sectoral fisheries policy on the one hand and of Community policies and measures which could have an impact on the Guinean fisheries industry on the other.

3.   The Parties shall also cooperate in carrying out ex-ante, ongoing and ex-post evaluations, both jointly and unilaterally, of measures, programmes and actions implemented on the basis of this Agreement.

4.   The Parties hereby undertake to ensure that this Agreement is implemented in accordance with the principles of good economic and social governance, taking care to contribute towards the creation of jobs in Guinea and respecting the state of fishery resources.

5.   In particular, the employment of ACP seamen on board Community vessels shall be governed by the International Labour Organisation (ILO) Declaration on Fundamental Principles and Rights at Work, which shall apply as of right to the corresponding contracts and general terms of employment. This concerns in particular the freedom of association and the effective recognition of the right to collective bargaining, and the elimination of discrimination in respect of employment and occupation.

Article 4

Scientific cooperation

1.   During the period covered by this Agreement, the Community and Guinea shall endeavour to monitor the evolution of resources in Guinea’s fishing zone.

2.   The two Parties, on the basis of the recommendations and resolutions adopted within all the relevant international fisheries development and management organisations, and in the light of the best available scientific advice, shall consult each other within the Joint Committee provided for in Article 10 of the Agreement and adopt, where appropriate after a scientific meeting and by mutual agreement, measures to ensure the sustainable management of fishery resources affecting the activities of Community vessels.

3.   The Parties undertake to consult one other, either directly, including at subregional level, or within the international organisations concerned, to ensure the management and conservation of living resources in the Atlantic Ocean, and to cooperate in the relevant scientific research.

Article 5

Access by Community vessels to the fisheries in Guinean waters

1.   Guinea undertakes to authorise Community vessels to engage in fishing activities in its fishing zone in accordance with this Agreement, including the Protocol and Annex thereto.

2.   The fishing activities governed by this Agreement shall be subject to the laws and regulations in force in Guinea. The Guinean authorities shall notify the Community of any amendments to that legislation. Without prejudice to any provisions which might be agreed between the Parties, Community vessels shall comply with such amendments within one month of their notification.

3.   Guinea undertakes to take all the appropriate steps required for the effective application of the fisheries control provisions in the Protocol. Community vessels shall cooperate with the Guinean authorities responsible for carrying out such controls.

4.   The Community undertakes to take all the appropriate steps required to ensure that its vessels comply with this Agreement and the legislation governing fisheries in the waters over which Guinea has jurisdiction, in accordance with the United Nations Convention on the Law of the Sea.

Article 6

Conditions governing fishing activities — Exclusivity clause

1.   Community vessels may fish in Guinea’s fishing zone only if they are in possession of a valid fishing authorisation issued by Guinea under this Agreement and the Protocol hereto.

2.   For fishing categories not covered by the Protocol in force, and for exploratory fishing, the Ministry may grant fishing authorisations to Community vessels. However, the granting of these authorisations remains dependent on a favourable opinion from the two Parties.

3.   The procedure for obtaining a fishing authorisation for a vessel, the charges applicable and the method of payment to be used by shipowners shall be as set out in the Annex to the Protocol.

Article 7

Financial contribution

1.   The Community shall grant Guinea a financial contribution in accordance with the terms and conditions laid down in the Protocol and Annexes. This single contribution shall be based on two elements, namely:

(a)	access by Community vessels to Guinea’s waters and fishery resources; and

(b)	Community financial support for introducing a national fisheries policy based on responsible fishing and on the sustainable exploitation of fishery resources in Guinean waters.

2.   The element of the financial contribution referred to in paragraph 1(b) above shall be determined in the light of objectives identified by mutual agreement between the Parties in accordance with the Protocol, to be achieved in the context of the sectoral fisheries policy drawn up by the Government of Guinea and an annual and multiannual programme for its implementation.

3.   The financial contribution granted by the Community shall be paid each year in accordance with the Protocol and subject to this Agreement and the Protocol in the event of any change to the amount of the contribution as a result of:

(a)	unusual circumstances;

(b)	a reduction in the fishing opportunities granted to Community vessels, made by mutual agreement for the purposes of managing the stocks concerned, where this is considered necessary for the conservation and sustainable exploitation of resources on the basis of the best available scientific advice;

(c)	an increase in the fishing opportunities granted to Community vessels, made by mutual agreement between the Parties where the best available scientific advice concurs that the state of resources so permits;

(d)	a joint reassessment of the terms of financial support for implementing a sectoral fisheries policy in Guinea, where this is warranted by the results of the annual and multiannual programming observed by both Parties;

(e)	termination of this Agreement under Article 15;

(f)	suspension of the application of this Agreement under Article 14.

Article 8

Promoting cooperation among economic operators and civil society

1.   The Parties shall encourage economic, scientific and technical cooperation in the fisheries sector and related sectors. They shall consult one another with a view to coordinating the different measures that might be taken to this end.

2.   The Parties undertake to promote exchanges of information on fishing techniques and gear, preservation methods and the processing of fishery products.

3.   The Parties shall endeavour to create conditions favourable to the promotion of relations between their enterprises in the technical, economic and commercial spheres, by working towards establishing an environment favourable to the development of business and investment.

4.   The Parties shall encourage, in particular, the setting-up of joint enterprises in their mutual interest which shall systematically comply with Guinean and Community legislation.

Article 9

Administrative cooperation

The Contracting Parties, desirous of ensuring the effectiveness of the measures for the development and conservation of fishery resources, shall:

—	develop administrative cooperation with a view to ensuring that their vessels comply with the provisions of this Agreement and with Guinean sea fisheries rules, each on its own behalf,

—	cooperate to prevent and combat illegal, undeclared and unregulated fishing, in particular through the exchange of information and close administrative cooperation.

Article 10

Joint Committee

1.   A Joint Committee shall be set up to monitor and check the application of this Agreement. The Joint Committee shall perform the following functions:

(a)	monitoring the performance, interpretation and smooth operation of the application of the Agreement, and the settlement of disputes;

(b)	monitoring and evaluating the contribution of the Fisheries Partnership Agreement to the implementation of Guinea’s sectoral fisheries policy;

(c)	providing the necessary liaison for matters of mutual interest relating to fisheries;

(d)	acting as a forum for the amicable settlement of any disputes regarding the interpretation or application of the Agreement;

(e)	reassessing, where appropriate, the level of fishing opportunities and, consequently, of the financial contribution;

(f)	defining the conditions governing fishing in accordance with the Protocol;

(g)	fixing the practical arrangements for the administrative cooperation provided for in Article 9 of this Agreement;

(h)	any other function that the Parties decide by mutual agreement to confer on it, including with regard to combating illegal, undeclared and unregulated fishing and administrative cooperation.

2.   The Joint Committee shall meet at least once a year, alternately in Guinea and in the Community, and shall be chaired by the Party hosting the meeting. It shall hold a special meeting at the request of either of the Parties.

Article 11

Geographical area to which the Agreement applies

This Agreement shall apply, on the one hand, to the territories in which the Treaty establishing the European Community applies, under the conditions laid down in that Treaty, and, on the other, to the territory of Guinea and the waters under Guinean jurisdiction.

Article 12

Duration

This Agreement shall apply for four years from the date of its entry into force; it shall be tacitly renewed for four-year periods, unless notice of termination is given in accordance with Article 15.

Article 13

Settlement of disputes

The Contracting Parties shall consult each other on any dispute concerning the interpretation and/or application of this Agreement.

Article 14

Suspension

1.   Application of this Agreement may be suspended at the initiative of one of the Parties in the event of a serious disagreement as to the application of provisions laid down in the Agreement. Suspension of application of the Agreement shall require the interested Party to notify its intention in writing at least three months before the date on which suspension is due to take effect. On receipt of this notification, the Parties shall enter into consultations with a view to resolving their differences amicably.

2.   Payment of the financial contribution referred to in Article 7 shall be reduced proportionately and pro rata temporis, according to the duration of the suspension.

Article 15

Termination

1.   This Agreement may be terminated by either Party in the event of unusual circumstances such as the degradation of the stocks concerned, the discovery of a reduction in the level of fishing opportunities granted by Guinea to Community vessels, or failure to comply with undertakings made by the Parties with regard to combating illegal, undeclared and unregulated fishing.

2.   The Party concerned shall notify the other Party in writing of its intention to terminate the Agreement at least six months before the date of expiry of the initial period or each additional period.

3.   Dispatch of the notification referred to in paragraph 2 shall open consultations by the Parties.

4.   Payment of the financial contribution referred to in Article 7 for the year in which the termination takes effect shall be reduced proportionately and pro rata temporis.

Article 16

Protocol and Annex

The Protocol and the Annex shall form an integral part of this Agreement.

Article 17

National law

The activities of Community fishing vessels operating in Guinean waters shall be governed by the applicable law in Guinea, unless otherwise provided for in the Agreement, this Protocol and the Annex and Appendices hereto.

Article 18

Repeal

On the date of its entry into force, this Agreement repeals and replaces the Agreement between the European Economic Community and the Republic of Guinea on fishing off the coast of Guinea which entered into force on 28 March 1983.

Article 19

Entry into force

This Agreement, drawn up in duplicate in the Bulgarian, Spanish, Czech, Danish, German, Estonian, Greek, English, French, Italian, Latvian, Lithuanian, Hungarian, Maltese, Dutch, Polish, Portuguese, Romanian, Slovak, Slovenian, Finnish and Swedish languages, each of these texts being equally authentic, shall enter into force on the date on which the Parties notify each other in writing that they have completed their respective necessary internal procedures to that end.

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PROTOCOL

setting out the fishing opportunities and financial contribution provided for in the Agreement between the European Community and the Republic of Guinea on fishing off the coast of Guinea for the period from 1 January 2009 to 31 December 2012

Article 1

Period of application and fishing opportunities

1.   For a period of four years from 1 January 2009, the fishing opportunities granted under Article 5 of the Agreement shall be, for highly migratory species (species listed in Annex 1 to the 1982 United Nations Convention) as follows:

—	freezer tuna seiners: 28 vessels,

—	pole-and-line vessels: 12 vessels.

2.   From the second year of application of this Protocol and following the joint evaluation of the state of shrimp stocks and the management of Guinean fisheries in this category, fishing opportunities for shrimp trawlers, at a rate of 800 grt per quarter, may be granted on an annual basis on the following conditions:

—

implementation of transparent management of access to the shrimp fishery and, in particular, of the fishing effort deployed by national and foreign fleets on this species. To this end, Guinea shall transmit annually, by 31 October of each year, a summary table of the fishing effort on this species in Guinean waters,

—	implementation of a surveillance, monitoring and control plan in Guinean waters,

—	scientific analysis of the state of the resource and results of scientific surveys, which shall be communicated annually at the same time as the information on the fishing effort.

The conditions governing fishing for this category shall be defined by mutual agreement each year prior to the issue of the fishing authorisations and in any event prior to the payment of the additional annual financial contribution in proportion to the increase in fishing opportunities provided for in Article 2 of this Protocol.

3.   Paragraphs 1 and 2 shall apply subject to Articles 4 and 5 of this Protocol.

4.   Vessels flying the flag of a Member State of the European Community may engage in fishing activities in Guinea’s fishing zone only if they are in possession of a valid fishing authorisation issued by Guinea under this Protocol in accordance with the Annex hereto.

Article 2

Financial contribution — Methods of payment

1.   The financial contribution referred to in Article 7 of the Agreement shall comprise, for the period referred to in Article 1(1), an annual amount of EUR 325 000 equivalent to a reference tonnage of 5 000 tonnes per year and a specific amount of EUR 125 000 per year for the support and implementation of Guinea’s sectoral fisheries policy. This specific amount shall form an integral part of the single financial contribution (1) defined in Article 7 of the Agreement.

If additional fishing opportunities are granted, in accordance with Article 1(2), the financial contribution referred to in Article 7 of the Agreement shall also comprise, for the period referred to in Article 1(2), an amount of up to EUR 300 000 per year in proportion to the increase in fishing opportunities.

The amounts referred to above shall be supplemented by a specific Community contribution of EUR 600 000 for the first year, EUR 400 000 for the second year and EUR 300 000 for the following years in order to reinforce the monitoring, control and surveillance system in Guinea’s fishing zones and enable Guinea to acquire a satellite surveillance system by 30 June 2010. This contribution shall be managed in accordance with Article 7 of this Protocol.

2.   Paragraph 1 shall apply subject to Articles 4, 5, 6 and 7 of this Protocol.

3.   The Community shall pay the total amount fixed in paragraph 1 (i.e. EUR 1 050 000 for the first year and, where appropriate, EUR 1 150 000 for the second year and EUR 1 050 000 for the following years) each year during the period of application of this Protocol (2). These amounts shall not prejudice any changes in fishing opportunities or any inclusion of new fishing opportunities which may be decided in accordance with Articles 4 and 5 of this Protocol.

4.   If the overall quantity of catches by Community vessels in Guinea’s fishing zones exceeds the reference tonnage, the amount of the annual financial contribution shall be increased by EUR 65 for each additional tonne caught. However, the total annual amount paid by the Community may not be more than twice the amount indicated in paragraph 3 (i.e. EUR 1 050 000 for the first year and, where appropriate, EUR 1 150 000 for the second year and EUR 1 050 000 for the following years). Where the quantities caught by Community vessels exceed the quantities corresponding to twice the total annual amount, the amount due for the quantity exceeding that limit shall be paid the following year.

5.   Payment of the financial contribution laid down in paragraph 1 shall be made no later than 30 November 2009 in the first year and no later than 1 February in the following years.

6.   Subject to Article 6, the allocation of these funds, except for the specific contribution provided for in the third subparagraph of Article 2(1) of this Protocol, shall be decided within the framework of the Guinean Finance Act and, this being the case, the Guinean authorities shall have full discretion regarding the use to which it is put.

7.   The payments provided for in this Article shall be paid into a Public Treasury account opened at the Banque Centrale de la République de Guinée, the details of which shall be notified each year by the Ministry, except in the case of the specific contribution provided for in the third subparagraph of Article 2(1), which shall be paid directly into a Centre National de Surveillance et de Protection des Pêches account, and the first year following the adoption by the two Parties of the programming of these funds.

Article 3

Cooperation on responsible fishing — Scientific cooperation

1.   The Parties hereby undertake to promote responsible fishing in Guinean waters on the basis of the principles of non-discrimination between the different fleets fishing in those waters.

2.   During the period covered by this Protocol, the Community and the Guinean authorities shall endeavour to monitor the evolution of resources in Guinea’s fishing zone.

3.   The Parties undertake to promote cooperation at subregional level on responsible fishing and, in particular, within the International Commission for the Conservation of Atlantic Tunas (ICCAT) and any other subregional or international organisation concerned.

4.   In accordance with Article 4 of the Agreement and in the light of the best available scientific advice, the Parties shall consult each other within the Joint Committee provided for in Article 10 of the Agreement and adopt, where appropriate after a scientific meeting possibly at subregional level, and by mutual agreement, measures to ensure the sustainable management of fishery resources affecting the activities of Community vessels. Those measures shall take account of the recommendations and resolutions adopted within the International Commission for the Conservation of Atlantic Tunas (ICCAT).

Article 4

Review of fishing opportunities by mutual agreement

1.   The fishing opportunities referred to in Article 1 may be increased by mutual agreement provided that the conclusions of the scientific meeting referred to in Article 3(4) of this Protocol confirm that such an increase will not endanger the sustainable management of Guinea’s resources. In this case the financial contribution referred to in Article 2(1) shall be increased proportionately and pro rata temporis.

2.   Conversely, if the Parties agree to adopt a reduction in the fishing opportunities provided for in Article 1, the financial contribution shall be reduced proportionately and pro rata temporis.

3.   The allocation of the fishing opportunities among different categories of vessels may also be reviewed, following consultations and by mutual agreement between the Parties, provided that any changes comply with recommendations made by the scientific meeting referred to in Article 3(4) of this Protocol regarding the management of stocks liable to be affected by such redistribution. The Parties shall agree on the corresponding adjustment of the financial contribution where the redistribution of fishing opportunities so warrants.

Article 5

Other fishing opportunities

1.   Should Community vessels be interested in fishing activities which are not indicated in Article 1, the Community shall consult Guinea in order to seek authorisation for these new activities. Where appropriate, the Parties shall agree on the conditions applicable to these new fishing opportunities and, if necessary, make amendments to this Protocol and to the Annex hereto.

2.   The Parties may carry out joint exploratory fishing surveys in Guinea’s fishing zones, subject to an opinion by the scientific meeting provided for in Article 3(4) of this Protocol. To this end, they shall hold consultations whenever one of the Parties so requests and determine, on a case-by-case basis, relevant new resources, conditions and other parameters.

3.   The two Parties shall carry out exploratory fishing activities in accordance with scientific, administrative and financial parameters adopted by mutual agreement. The authorisations for exploratory fishing shall be granted for test purposes, for a maximum of two six-month trips, from the date decided by mutual agreement between the two Parties.

4.   Where the Parties conclude that the exploratory surveys have produced positive results, while preserving ecosystems and conserving living marine resources, new fishing opportunities may be awarded to Community vessels following the consultation procedure provided for in Article 4 of this Protocol and until the expiry of the Protocol and in accordance with the allowable effort. The financial contribution shall be increased accordingly.

Article 6

Suspension and review of the payment of the financial contribution in the event of unusual circumstances

1.   Where unusual circumstances, other than natural phenomena, prevent fishing activities in Guinea’s exclusive economic zone (EEZ), the European Community may suspend payment of the financial contribution provided for in Article 2(1) of this Protocol.

2.   The suspension decision in the cases provided for in paragraph 1 above shall be taken following consultations between the two Parties within a period of two months following the request of one of the Parties, and provided that the Community has paid in full any amounts due at the time of suspension.

3.   Payment of the financial contribution shall resume as soon as the Parties find, by mutual agreement following consultations, that the circumstances preventing fishing activities are no longer present and/or that the situation allows a resumption of fishing activities.

4.   Where the validity of the fishing authorisations granted to Community vessels is suspended along with the payment of the financial contribution, it shall be extended by a period equal to the period during which fishing activities were suspended.

Article 7

Promotion of responsible fishing in Guinean waters

1.   The entire amount of the financial contribution and specific contribution set in Article 2(1) of this Protocol shall be allocated each year to the support and implementation of initiatives taken in the context of the sectoral fisheries policy drawn up by the Government of Guinea and approved by the two Parties as detailed below.

Guinea shall manage the corresponding amount following the identification by mutual agreement between the two Parties, in accordance with the current priorities of Guinea’s fisheries policy for ensuring sustainable and responsible management of the sector, of the objectives to be attained and the annual and multiannual programming required to attain them, pursuant to paragraph 2 below, in particular as regards control and surveillance, the management of resources, improving the health and hygiene conditions of fishery products and strengthening the inspection capacity of the competent authorities.

2.   On a proposal from Guinea and for the purposes of implementing the preceding paragraph, as soon as this Protocol enters into force and no later than three months after that date, the Community and Guinea shall agree, within the Joint Committee provided for in Article 10 of the Agreement, on a multiannual sectoral programme and detailed implementing rules covering, in particular:

(a)	annual and multiannual guidelines for using the percentage of the financial contribution referred to in paragraph 1 above and its specific amounts for the initiatives to be carried out each year;

(b)

objectives, both annual and multiannual, to be achieved with a view to promoting over the long term responsible fishing and sustainable fisheries, taking account of the priorities expressed by Guinea in its national fisheries policy and other policies relating to or having an impact on the promotion of responsible fishing and sustainable fisheries;

(c)	criteria and procedures for evaluating the results obtained each year.

3.   The two Parties agree, however, to place particular emphasis on all the support measures for fisheries monitoring, control and surveillance, including surveillance of Guinean waters by sea and by air, setting up a satellite-based vessel monitoring system (VMS) and improving the legal framework and its application in the event of infringements.

4.   Any proposed amendments to the multiannual sectoral programme or to the use of the specific amounts for the initiatives to be carried out each year must be approved by both Parties within the Joint Committee.

5.   Each year, Guinea shall allocate the share corresponding to the amounts referred to in paragraph 1 with a view to implementing the multiannual programme. For the first year of application of the Protocol, that allocation shall be notified to the Community as soon as possible and in any event before the multiannual sectoral programme is approved within the Joint Committee. For each year thereafter, Guinea shall notify the Community of the allocation no later than 31 January of the previous year.

6.   Where the joint annual evaluation of the progress made in implementing the multiannual sectoral programme so warrants, the European Community may adjust the amount earmarked for the support and implementation of Guinea’s sectoral fisheries policy within the financial contribution referred to in Article 2(1) of this Protocol in order to bring the actual amount of financial resources allocated to implementation of the programme into line with its results.

7.   The Community reserves the right to suspend payment of the specific contribution provided for in the third subparagraph of Article 2(1) of this Protocol where, save in exceptional and duly justified circumstances, the results obtained from the first year of application of the Protocol are found to be inconsistent with the programming following the evaluation carried out within the Joint Committee.

Article 8

Disputes — Suspension of application of the Protocol

1.   Any dispute between the Parties over the interpretation of this Protocol or its application shall be the subject of consultations between the Parties within the Joint Committee provided for in Article 10 of the Agreement, in a special meeting if necessary.

2.   Without prejudice to Article 9, application of the Protocol may be suspended at the initiative of one Party if the dispute between the two Parties is deemed to be serious and the consultations held within the Joint Committee under paragraph 1 have not resulted in an amicable settlement.

3.   Suspension of application of the Protocol shall require the interested Party to notify its intention in writing at least three months before the date on which suspension is due to take effect.

4.   In the event of suspension, the Parties shall continue to consult with a view to finding an amicable settlement to their dispute. As soon as an amicable settlement is reached, application of the Protocol shall resume and the amount of the financial contribution shall be reduced proportionately and pro rata temporis according to the period during which application of the Protocol was suspended.

Article 9

Suspension of application of the Protocol on grounds of non-payment

Subject to Article 6, if the Community fails to make the payments provided for in Article 2, application of this Protocol may be suspended on the following terms:

(a)	the competent Guinean authorities shall notify the European Commission of the non-payment. The latter shall perform the appropriate checks and, where necessary, transmit the payment within no more than 60 working days of the date of receipt of the notification;

(b)	if no payment is made and non-payment is not adequately justified within the period provided for in Article 2(5) of this Protocol, the competent Guinean authorities shall be entitled to suspend application of the Protocol. They shall inform the European Commission of such action forthwith;

(c)	application of the Protocol shall resume as soon as the payment concerned has been made.

Article 10

National law

The activities of Community fishing vessels operating in Guinean waters shall be governed by the applicable law in Guinea, unless otherwise provided for in the Agreement, this Protocol and the Annex and Appendices hereto.

Article 11

Review clause

1.   In the event of significant changes in the policy guidelines which led to the conclusion of this Protocol, either Party may request a review of the provisions with a view to a possible amendment thereof.

2.   The Party concerned shall notify the other Party in writing of its intention to launch a review of this Protocol.

3.   No later than 60 days following notification, the two Parties shall enter into consultations to this end. If no agreement is reached on the review of the provisions, the Party concerned may terminate the Protocol in accordance with Article 14 thereof.

Article 12

Repeal

This Protocol and its Annexes repeal and replace the current fisheries Protocol and the framework Agreement between the European Economic Community and Guinea on fishing off the Guinean coast.

Article 13

Duration

This Protocol and the Annexes hereto shall apply for a period of four years from 1 January 2009, unless notice of termination is given in accordance with Article 14.

Article 14

Termination

In the event of termination of the Protocol, the Party concerned shall notify the other Party in writing of its intention to terminate it at least six months before the date on which such termination would take effect. Dispatch of the notification referred to in the previous paragraph shall open consultations by the Parties.

Article 15

Entry into force

1.   This Protocol with its Annex shall enter into force on the date on which the Parties notify each other of the completion of the procedures necessary for that purpose.

2.   They shall apply with effect from 1 January 2009.

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(1)  The contribution referred to in the first subparagraph of Article 1 shall be supplemented by the contributions provided for in Chapter II of this Annex, which are paid direct to Guinea and are estimated at EUR 118 000 per year, exclusive of charges in connection with the surveillance and research contribution.

(2)  These amounts shall be supplemented by the contributions provided for in Chapter II of this Annex, which are paid directly to Guinea and are estimated at EUR 118 000 per year, exclusive of charges in connection with the surveillance and research contribution.