52011PC0603

EXPLANATORY MEMORANDUM

On the basis of a mandate from the Council[1], the European Commission has negotiated with the Republic of Guinea-Bissau with a view to renewing the Protocol to the Fisheries Partnership Agreement between the European Community and the Republic of Guinea-Bissau, dated 17 March 2008. At the end of those negotiations, a new Protocol was initialled on 15 June 2011.

The negotiations of the new Protocol were delayed by the consultations in 2011 between the European Union and Guinea-Bissau under Article 96 of the Cotonou Agreement. As very limited time remained for concluding a new Protocol before the previous Protocol expired, the two Parties decided to conclude a Protocol for one year to give themselves the time necessary to assess the prospect of a future protocol of a longer duration.

The new Protocol covers a period of one year from 16 June 2011. It renews the terms of the previous Protocol and contains an additional clause allowing its suspension if human rights and democratic principles are not respected.

This procedure is being initiated in parallel with the procedures relating to the Council Decision adopting the provisional application of the Protocol itself, as well as with the Council Regulation concerning the allocation of the fishing opportunities between the EU Member States.

The main aim of the Protocol to the Agreement is to retain the fishing opportunities for the vessels of the European Union within the limits of the available surplus. The Commission’s negotiating position was based in part on the results of an ex-post evaluation carried out by external experts and on the opinion of the Scientific Committee established under the Agreement.

The general aim is to continue the cooperation between the European Union and the Republic of Guinea-Bissau, thereby creating a partnership framework within which to develop a sustainable fisheries policy and sound exploitation of fishery resources in the Guinea-Bissau fishing zone, in the interests of both Parties.

The new Protocol is in keeping with the two Parties' concern to strengthen partnership and cooperation in the fisheries sector using all the financial instruments available. To this end, it is recalled that there is a need to create a framework which is favourable to the development of investment.

The overall financial contribution of the Protocol of EUR 7 500 000 over the whole period is based on: (a) a maximum of 27 authorisations for tuna vessels and 8 800 GRT for trawlers, for a financial contribution of EUR 4 550 000 and (b) support for the development of the sectoral fisheries policy of the Republic of Guinea-Bissau amounting to EUR 2 950 000. This support meets the objectives of the national fisheries policy.

More particularly, the Protocol – like its predecessor – provides for fishing opportunities in the following categories:

- 4 400 GRT for shrimp freezer trawlers

- 4 400 GRT for fin-fish/cephalopod freezer trawlers

- 23 tuna seiners / surface longliners:

- 14 pole-and-line tuna vessels

The Commission proposes, on this basis, that the Council, with the consent of the Parliament, adopt this new Protocol by Decision.

2011/0257 (NLE)

Proposal for a

COUNCIL DECISION

on the conclusion of the Protocol agreed between the European Union and the Republic of Guinea-Bissau setting out fishing opportunities and the financial contribution provided for in the Fisheries Partnership Agreement between the two parties currently in force

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 43(2) in conjunction with Article 218(6)(a) thereof,

Having regard to the proposal from the European Commission,

Having regard to the consent of the European Parliament[2],

Whereas:

(1) On 17 March 2008 the Council adopted Council Regulation (EC) No 241/2008 on the conclusion of the Fisheries Partnership Agreement between the European Community and the Republic of Guinea-Bissau[3].

(2) The European Union has negotiated with the Republic of Guinea-Bissau a new protocol granting European Union vessels fishing opportunities in waters in which Guinea-Bissau exercises its sovereignty or jurisdiction as regards fishing.

(3) At the end of those negotiations, a new Protocol was initialled on 15 June 2011.

(4) This new Protocol was signed on the basis of Council Decision No …/2011/EU[4] [5] and has been applied on a provisional basis since 16 June 2011.

(5) The Protocol should be concluded,

HAS ADOPTED THIS DECISION:

Article 1

The Protocol agreed between the European Union and the Republic of Guinea-Bissau setting out fishing opportunities and the financial contribution provided for in the Fisheries Partnership Agreement concluded between the European Union and the Republic of Guinea-Bissau in force between the two parties is hereby approved on behalf of the European Union.

Article 2

The President of the Council shall, on behalf of the Union, give the notification provided for in Article 14 of the Protocol with a view to expressing the Union’s consent to be bound by the Protocol[6].

Article 3

This Decision shall take effect on the day of its publication in the Official Journal of the European Union .

Done at Brussels,

For the Council

The President

PROTOCOL agreed between the European Union and the Republic of Guinea-Bissau setting out fishing opportunities and the financial contribution provided for in the Fisheries Partnership Agreement between the two Parties currently in force

Article 1 Period of application and fishing opportunities

1. For a period of one year from 16 June 2011, the fishing opportunities granted pursuant to Articles 5 and 6 of the Agreement shall be as follows:

- crustaceans and demersal species:

a) freezer shrimp trawlers: 4 400 GRT per year;

b) freezer, fin-fish and cephalopod trawlers: 4 400 GRT per year;

- highly migratory species (species listed in Annex 1 to the 1982 United Nations Convention):

c) freezer tuna seiners and longliners: 23 vessels;

d) pole-and-line tuna vessels: 14 vessels;

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

3. Under Article 6 of the Agreement, vessels flying the flag of a Member State of the European Union may fish in Guinea-Bissau fishing zones only if they are in possession of a fishing licence issued under this Protocol in accordance with the Annexes hereto.

Article 2Financial contribution and specific contribution – Methods of payment

1. The financial contribution referred to in Article 7 of the Agreement shall be fixed, for the period referred to in Article 1 of this Protocol, at EUR 7 million.

2. However, if the use of the fishing opportunities provided for in Article 1(1)(a) and (b) of this Protocol by EU vessels improves, the EU shall grant an additional amount to Guinea-Bissau proportionate to the increase in the use of the fishing opportunities, within the limits of the fishing opportunities set by this Protocol and up to a maximum of EUR 1 million per year. The two Parties shall agree, within the Joint Committee, and no later than three months after the entry into force of this Protocol, to determine the reference period, the base index and the specific payment mechanisms.

3. Paragraph 1 shall apply subject to Articles 5, 6, 7, 8, 9, 11 and 12 of this Protocol.

4. The EU shall pay the financial contribution fixed in paragraph 1 no later than 15 March 2012.

5. Subject to Article 8 of this Protocol, the allocation of this contribution shall be decided within the framework of the Guinea-Bissau Finance Act and the Guinea-Bissau authorities shall have full discretion regarding the use to which it is put.

6. In addition to the amount referred to in paragraph 1, a specific contribution from the EU of EUR 500 000 per year shall be dedicated to the introduction of a health and plant health system for fishery products. However the two Parties may, where necessary, decide to allocate part of this specific contribution to strengthening monitoring, control and surveillance in Guinea-Bissau fishing zones. This contribution shall be managed in accordance with Article 3 of this Protocol.

7. Without prejudice to Article 3 of this Protocol, the specific contribution referred to in paragraph 6 shall be paid no later than 15 March 2012.

8. The payments provided for in this Article shall be paid into a Public Treasury account opened at Guinea-Bissau’s central bank, the references of which shall be notified each year by the Ministry.

Article 3Specific contribution to help improve the health and plant-health conditions of fishery products and to fisheries monitoring, control and surveillance

1. The specific contribution from the EU mentioned in Article 2(6) of this Protocol shall be put towards helping the fisheries sector achieve compliance with health standards and, where necessary, towards Guinea-Bissau’s monitoring, control and surveillance policy.

2. Guinea-Bissau shall be responsible for the management of the corresponding amount, based on the identification by the two Parties, by mutual agreement, of the measures to be carried out and the annual programming to attain them.

3. Without prejudice to the objectives identified by the two Parties and in accordance with Articles 8 and 9 of this Protocol, the Parties agree to focus on:

a) measures which aim to improve the health and plant-health conditions of fishery products, including building up the competent authority, bringing the Centro de Investigação Pesqueira Apliquada (CIPA) up to standards (ISO 9000), training staff and achieving compliance in the necessary legal framework;and, where necessary,

b) support measures for fisheries monitoring, control and surveillance, including surveillance of Guinea-Bissau waters by sea and by air, setting up a satellite vessel monitoring system (VMS) and improving the legal framework and its application in the event of infringements.

4. A detailed annual report shall be submitted for approval to the Joint Committee provided for in Article 10 of the Agreement.

5. However, the EU reserves the right to suspend payment of the specific contribution provided for in Article 2(6) of this Protocol, from the first year of application of the Protocol, in the event of disputes concerning the programming of measures or where the results obtained, except in exceptional circumstances, do not comply with the programming.

Article 4 Scientific cooperation

1. The two Parties undertake to promote responsible fishing in the Guinea-Bissau fishing zone on the basis of the principles of sustainable management, in particular by promoting cooperation at subregional level on responsible fishing, particularly within the Subregional Fisheries Commission (CSRP).

2. During the period covered by this Protocol, the two Parties shall cooperate to develop certain issues relating to the state of resources in Guinea-Bissau fishing zones; to this end a Joint Scientific Committee shall meet at least once a year, in accordance with Article 4(1) of the Agreement. At the request of one of the Parties and where needed within the framework of this Agreement, other meetings of this Scientific Committee may also be convened.

3. The two Parties, on the basis of the conclusions of the annual joint scientific meeting and of the recommendations and resolutions adopted within the International Commission for the Conservation of Atlantic Tunas (ICCAT), the Fishery Committee for the Eastern Central Atlantic (CECAF) or any other regional or international organisation in this area of which the two Parties are members or in which they are represented, shall consult each other within the Joint Committee provided for in Article 10 of the Agreement and adopt, where appropriate and by mutual agreement, measures to ensure the sustainable management of fisheries resources.

Article 5 Review of fishing opportunities

1. The fishing opportunities referred to in Article 1 may be increased by mutual agreement provided that the conclusions of the annual joint scientific meeting referred to in Article 4(2) of the Agreement confirm that such an increase will not endanger the sustainable management of Guinea-Bissau resources. In this case the financial contribution referred to in Article 2(1) shall be increased proportionately and pro rata temporis . However, the total amount of the financial contribution paid by the European Union shall not be more than twice the amount indicated in Article 2(1).

2. Conversely, if the Parties agree to adopt measures as referred to in Article 4(2) of the Agreement resulting in a reduction in the fishing opportunities provided for in Article 1, the financial contribution shall be reduced proportionally and pro rata temporis . Without prejudice to Article 8 of this Protocol, this financial contribution could be suspended by the European Union if it is not possible to use any of the fishing opportunities provided for in this Protocol.

3. The allocation of the fishing opportunities among different categories of vessels may also be reviewed by mutual agreement between the Parties, provided that any changes comply with any recommendations made by the annual joint scientific meeting 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.

4. The adjustments of fishing opportunities provided for in paragraphs 1, 2 and 3 shall be decided by mutual agreement between the two Parties in the Joint Committee provided for in Article 10 of the Agreement.

Article 6New and exploratory fishing opportunities

1. Should EU vessels be interested in fishing activities which are not indicated in Article 1 of this Protocol, the EU shall consult Guinea-Bissau 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 exploratory fishing trips in Guinea-Bissau fishing zones, subject to an opinion by the joint scientific committee provided for in Article 4 of the Agreement. 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. Exploratory fishing authorisations shall be granted for testing purposes for a period of no more than six months.

4. Where the Parties conclude that the exploratory fishing trips have produced positive results, while preserving ecosystems and conserving living marine resources, new fishing opportunities may be awarded to EU vessels following the consultation procedure provided for in Article 5 of this Protocol and until the expiry of the Protocol and in accordance with the allowable effort. The financial contribution shall be increased in accordance with Article 5 of this Protocol.

5. Catches made during exploratory fishing shall be the property of the vessel owner. Catches of species of a non-regulatory size and species which may not be fished, kept on-board or sold under Guinea-Bissau law shall be prohibited.

Article 7Suspension and review of the payment of the financial contributionin the event of unusual circumstances

1. The European Union may suspend the payment of the financial contribution and the specific contribution provided for in Article 2 of this Protocol, if:

1. (a) unusual circumstances, other than natural phenomena, occur which prevent fishing activities in the exclusive economic zone (EEZ) of Guinea-Bissau; or

2. the European Union notes that there has been a violation in Guinea-Bissau of the essential and fundamental elements of human rights and democratic principles as provided for in Article 9 of the Cotonou Agreement.

The suspension decision 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 European Union has paid in full any amounts due at the time of suspension.

2. Payment of the financial contribution and of the specific contribution referred to in Article 2 of this Protocol 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.

3. The fishing authorisations granted to European vessels may be suspended at the same time as the suspension of the payment of the financial contribution under Article 2. If resumed, the validity of these fishing authorisations shall be extended for a period equal to the period of suspension of fishing activities.

Article 8Contribution of the Fisheries Partnership Agreement to the implementation of Guinea-Bissau’s sectoral fisheries policy

1. A share of 35% of the financial contribution referred to in Article 2(1) of this Protocol (i.e. EUR 2 450 000) shall be put towards defining and implementing a sectoral fisheries policy in Guinea-Bissau with a view to introducing sustainable and responsible fishing in its waters.

2. Guinea-Bissau shall be responsible for the management of the corresponding amount, based on the identification by the two Parties, by mutual agreement, of the objectives to be achieved and the annual and multiannual programming to attain them, in particular as regards the sound management of fisheries resources, strengthening scientific research and the monitoring capacity of the competent Guinea-Bissau authorities, and improving production conditions for fishery products.

3. Without prejudice to the objectives identified by the two Parties and in accordance with the priorities of the Strategy of sustainable development of Guinea-Bissau’s fisheries sector and with a view to ensuring sustainable and responsible management of the sector, the two Parties agree to focus on the following areas of assistance: monitoring, control and surveillance of fishing activities, scientific research and management and development of fisheries.

Article 9Methods of implementing the support for Guinea-Bissau’s sectoral fisheries policy

1. Without prejudice to Article 8(3) of this Protocol, the European Union and the Ministry shall agree, within the Joint Committee provided for in Article 10 of the Agreement, and from the entry into force of the Protocol, on:

(a) the annual guidelines steering the implementation of the priorities of Guinea-Bissau fisheries policy aiming to introduce sustainable and responsible fishing, and in particular those referred to in Article 8(2) of this Protocol;

(b) the annual objectives to be achieved and the criteria and indicators to be used to permit an evaluation of the results achieved, on an annual basis. Annex III hereto provides a basic outline of the objectives and performance indicators to be taken into account within the framework of the Protocol.

2. Any amendment of these guidelines, objectives, criteria and evaluation indicators shall be approved by the two Parties within the Joint Committee.

3. The allocation by Guinea-Bissau of the financial support referred to in Article 8(1) of this Protocol shall be communicated to the European Union when the guidelines, objectives, criteria and evaluation indicators are approved within the Joint Committee.

4. The Ministry shall communicate this allocation to the European Union no later than four months after the entry into force of this Protocol.

5. The annual report on the implementation of the measures programmed and financed, the results obtained and any difficulties encountered shall be submitted to the Joint Committee provided for in Article 10 of the Agreement for approval.

6. However, the European Union reserves the right to adapt or suspend payment of the amount fixed in Article 8(1) of this Protocol, where the annual evaluation of the actual results achieved in terms of implementing the fisheries policy at that point so warrants, and following consultations within the Joint Committee.

Article 10Economic integration of EU operatorsin the Guinea-Bissau fisheries sector

1. The Parties undertake to promote the economic integration of EU operators into the fishing industry in Guinea-Bissau as a whole.

2. The Parties undertake to promote the setting up of joint ventures between EU operators and Guinea-Bissau operators with a view to the joint exploitation of fishery resources in the Guinea-Bissau exclusive economic zone (EEZ).

3. 'Joint ventures' means any association set up on the basis of a contractual agreement of limited duration between EU vessel owners and physical or legal persons in Guinea-Bissau for the purpose of jointly fishing for and exploiting Guinea-Bissau fishing quotas using one or more vessels flying the flag of a Member State of the European Union and sharing the cost profits or losses of the economic activity jointly undertaken.

4. Guinea-Bissau shall award the authorisation required to allow joint ventures set up for the exploitation of fishery resources to operate in its fishing zones.

5. EU vessels which have decided to set up joint ventures under the Protocol in force for the fishing categories referred to in Article 1(1)(a) and (b) of this Protocol will be exempt from the payment of licence fees. Moreover, from the third year of application of the Protocol, Guinea-Bissau shall make financial support available for setting up such joint ventures. The total amount of such support shall not exceed 20% of the total amount of fees paid by vessel owners under this Protocol.

6. The Joint Committee shall decide the financial and technical provisions allowing for the implementation of this financial support and the promotion of joint ventures within the framework of this Protocol.

Article 11Disputes – Suspension of application of the Protocol

1. The application of this Protocol may be suspended at the initiative of one of the two Parties after consultation within the Joint Committee if one of the two Parties violates one of the essential and fundamental elements of human rights and democratic principles as provided for in Article 9 of the Cotonou Agreement.

2. Furthermore, any dispute between the Parties over the interpretation of this Protocol and its Annexes or its application shall be the subject of consultations between the Parties within the Joint Committee, in a special meeting if necessary.

3. Application of the Protocol may be suspended at the initiative of one of the Parties if the dispute between the two Parties is deemed to be serious and if the consultations held within the Joint Committee under paragraph 1 have not resulted in an amicable settlement.

4. Suspension of application of this 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.

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

Article 12Suspension of application of the Protocol for failure to implement Guinea-Bissau’s undertakings on responsible and sustainable fishing

Subject to Article 4 of this Protocol, if Guinea-Bissau fails to honour its undertaking to work towards responsible and sustainable fishing, in particular by complying with annual fisheries management plans drawn up by the Government of Guinea-Bissau, application of this Protocol may be suspended in accordance with Article 11(3) and (4).

Article 13Suspension of application of this Protocol on grounds of non-payment

Subject to Article 4, if the European Union fails to make the payments provided for in Article 2, application of this Protocol may be suspended on the following terms:

a) the competent Guinea-Bissau authorities shall notify the European Commission of the non-payment. The Commission shall carry out the necessary checks and, where necessary, transmit the payment within no more than 30 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 paragraph (a) above, the competent Guinea-Bissau authorities shall be entitled to suspend application of this Protocol. They shall inform the European Commission of such action forthwith.

Application of this Protocol shall resume as soon as the payments concerned have been made.

Article 14Entry into force

1. This Protocol with its Annexes 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 16 June 2011.

3. This Protocol and its Annexes shall apply for a period of one year from its provisional application onwards. The Parties undertake to begin negotiations to conclude a new Protocol aimed at replacing this Protocol on its expiry as soon as possible. The Parties shall attempt to conclude these negotiations within nine months at most, that is, no later than 15 March 2012.

ANNEX I

CONDITIONS GOVERNING FISHING ACTIVITIES BY EU VESSELS IN THE GUINEA-BISSAU FISHING ZONE

Chapter I - Application for and issue of licences

Section 1 General provisions applicable to all vessels

1. Only eligible vessels may obtain a licence to fish in the Guinea-Bissau fishing zone.

2. For a vessel to be eligible, neither the owner, the master nor the vessel itself must be prohibited from fishing in Guinea-Bissau. They must be in order vis-à-vis the Guinea-Bissau authorities insofar as they must have fulfilled all prior obligations arising from their fishing activities in Guinea-Bissau under fisheries agreements concluded with the EU.

3. Any EU vessel applying for a fishing licence may be represented by an agent resident in Guinea-Bissau. The name and address of that representative shall be stated in the licence application.

4. The relevant EU authorities shall present to the Ministry, via the Delegation of the European Commission to Guinea-Bissau, an application for each vessel wishing to fish under the Agreement at least 20 days before the date of commencement of the period of validity requested.

5. Applications shall be made to the Ministry on the forms provided for that purpose by the Government of Guinea-Bissau, a specimen of which is attached (Appendix 1). The Guinea-Bissau authorities shall take all the necessary steps to ensure that the data received as part of the licence application are treated as confidential. Those data shall be used exclusively in the context of the implementation of the Fisheries Agreement.

6. All licence applications shall be accompanied by the following documents:

- proof of payment of the fee for the period of validity of the licence and of the amount provided for in Chapter VII, point 13;

- any other documents or certificates required under the specific rules applicable to the type of vessel concerned pursuant to this Protocol.

7. The fee shall be paid into the account specified by the Guinea-Bissau authorities.

8. The fees shall include all national and local charges with the exception of port taxes and service charges.

9. Licences for all vessels shall be issued to vessel owners or their representatives via the Delegation of the European Commission to Guinea-Bissau within 20 working days of receipt of all the documents referred to in point 6 above by the Ministry.

10. If a licence is signed at a time when the offices of the Delegation of the European Commission are closed, it shall be sent direct to the vessel’s agent and a copy shall be sent to the Delegation.

11. Licences shall be issued for a specific vessel and shall not be transferable.

12. However, at the request of the European Union and where force majeure is proven, a vessel’s licence shall be replaced by a new licence for another vessel with similar characteristics to those of the first vessel, with no further fee due. However, if the gross registered tonnage (GRT) of the replacement vessel is above that of the vessel to be replaced, the difference in fee shall be paid pro rata temporis .

13. The owner of the first vessel, or his or her representative, shall return the cancelled licence to the Ministry via the Delegation of the European Commission.

14. The new licence shall take effect on the day that the vessel’s owner returns the cancelled licence to the Ministry. The Delegation of the European Commission to Guinea-Bissau shall be informed of the licence transfer.

15. The licence must be kept on board at all times, without prejudice to point 1 of Section 2 of Chapter I of this Annex.

16. The two Parties shall seek agreement for the purposes of promoting the introduction of a licence system based exclusively on the electronic exchange of all the information and documents described above. The two Parties shall seek agreement for the purposes of promoting the rapid replacement of the paper licence by an electronic equivalent such as the list of vessels authorised to fish in Guinea-Bissau’s fishing zone.

17. The Parties, acting in the Joint Committee, undertake to replace all references to GRT in this Protocol with GT and to adapt all the provisions affected thereby accordingly. This replacement shall be preceded by appropriate technical consultations between the Parties.

Section 2 Special provisions applicable to tuna vessels and surface longliners

1. The licence must be held on board at all times. The European Union shall keep an up-to-date draft list of the vessels for which a fishing licence has been applied for under this Protocol. This draft shall be notified to the Guinea-Bissau authorities as soon as it is drawn up, and then each time it is updated. On receipt of this draft list and of notification of payment of the advance sent to the Guinea-Bissau authorities by the Commission, the vessel shall be entered by the competent Guinea-Bissau authority on a list of vessels authorised to fish, which shall be notified to the authorities responsible for fisheries inspection and to the Delegation of the European Commission to Guinea-Bissau. A certified copy of this list shall then be sent by the Delegation of the European Commission to the vessel owner to be kept on board instead of the fishing licence until the licence has been issued by the competent Guinea-Bissau authority.

2. Licences shall be valid for a period of one year.

3 Fees shall be calculated for each vessel on the basis of the annual rates laid down in the Fishing Datasheets included in the Protocol. In the case of three-month and six-month licences, the fees shall be calculated pro rata temporis , plus 3% and 2% respectively to cover recurrent costs in drawing up the licences.

4. Licences shall be issued once the fixed amounts under the corresponding datasheets have been paid to the competent national authorities.

5. The final statement of the fees due for the current year shall be drawn up by the European Commission by 15 June of the following year at the latest on the basis of the catch declarations made by each vessel owner and confirmed by the scientific institutes responsible for verifying catch data in the Member States, such as the Institut de Recherche pour le Développement (IRD), the Instituto Español de Oceanografía (IEO) and the Instituto Português de Investigaçao Maritima (IPIMAR) via the Delegation of the European Commission.

6. The statement shall be sent simultaneously to the Ministry and to the vessel owners.

7. Any additional payments shall be made by the vessel owners to the competent Guinea-Bissau national authorities by 31 July 2012 at the latest, into the account referred to in point 7 of Section 1 of this Chapter.

8. However, if the amount of the final statement is lower than the advance fixed in point 3 of this Section, the resulting balance shall not be reimbursable to the vessel owner.

Section 3 Special provisions for trawlers

1. In addition to the documents referred to in point 6 of Section 1 of this Chapter, all licence applications for vessels covered by this Section must be accompanied by:

- a certified copy of the document drawn up by the Member State certifying the vessel’s tonnage in GRT, and

- a certificate of conformity issued by the Ministry following the technical inspection of the vessel in accordance with point 3.2 of Chapter VIII.

2. Should a licence application be made in respect of a vessel which has already had a licence under this Protocol and the technical characteristics of which remain unchanged, this application shall be presented to the Ministry via the Delegation of the European Commission in Bissau, accompanied only by the proof of payment of the fee for the periods in question and of the amount provided for in point 13 of Chapter VII. The Ministry shall authorise the new licence, entering details of the first licence application submitted under the Protocol in force.

3. The following twelve-month periods shall be used for determining the validity of the licences:

- first period: from 16 June 2011 to 31 December 2011

- second period: From 1 January 2012 to 15 June 2012

4. Licences may not start to run during one annual period and expire during the next.

5. A quarter shall consist of one of the three-month periods beginning 1 January, 1 April, 1 July or 1 October, except for the first and last period of the Protocol which shall run from 16 June 2011 to 30 September 2011 and from 1 April 2012 to 15 June 2012 respectively.

6. Licences shall be valid for one year, six months or three months. They shall be renewable.

7. Licences must be kept on board at all times.

8. Fees shall be calculated for each vessel on the basis of the annual rates laid down in the Fishing Datasheets included in the Protocol. In the case of three-month and six-month licences, the fees shall be calculated pro rata temporis , plus 3% and 2% respectively to cover recurrent costs in drawing up the licences.

Chapter II – Fishing zones

EU vessels as referred to in Article 1 of the Protocol shall be authorised to fish in waters beyond 12 nautical miles from the base lines.

Chapter III – Catch reporting arrangements for vessels authorised to fish in Guinea-Bissau waters

1. For the purposes of this Annex, the duration of a trip by an EU vessel shall be defined as follows:

- the period elapsing between entering and leaving Guinea-Bissau’s fishing zone, or

- the period elapsing between entering the Guinea-Bissau fishing zone and a transhipment, or

- the period elapsing between entering the Guinea-Bissau fishing zone and a landing in Guinea-Bissau.

2. All vessels authorised to fish in Guinea-Bissau waters under the Agreement shall be obliged to communicate their catches to the Ministry in the following manner:

2.1 Declarations shall include the catches made by the vessel during each trip. They shall be sent to the Ministry by fax, mail or e-mail, with a copy sent to the European Commission, via the Delegation of the European Commission to Guinea-Bissau, at the end of each trip, and, in any case, before the vessel leaves Guinea-Bissau waters. If this notification is sent by e-mail, electronic receipts shall be sent at once to the vessel by both addressees, with a copy to each other. In the case of tuna vessels, these declarations shall be sent at the end of each marketing year.

2.2 The original of the declarations sent by fax or by e-mail during an annual period of validity of the licence within the meaning of point 2 of Section 2 of Chapter I in the case of tuna vessels, and point 3 of Section 3 of Chapter I in the case of trawlers shall be sent on a physical medium to the Ministry within 45 days following the end of the last trip made during the period. Hard copies shall be sent to the Delegation of the European Commission to Guinea-Bissau.

2.3 Tuna vessels and surface longliners shall declare their catches on the corresponding form in the logbook, in accordance with the specimen in Appendix 2. The words 'Outside the Guinea-Bissau EEZ' shall be entered in the logbook in respect of periods during which the vessel is not in Guinea-Bissau waters.

2.4 Trawlers shall declare their catches on a form drawn up in accordance with the specimen in Appendix 3, stating the total catches by species and calendar month or part thereof.

2.5 The forms shall be filled in legibly and signed by the master of the vessel.

3. Where the provisions set out in this Chapter are not complied with, the Government of Guinea-Bissau reserves the right to suspend the licence of the offending vessel until the formalities have been completed and to apply the penalty laid down in current Guinea-Bissau legislation and, in the event of a recurrence, not to renew the licence. The European Commission shall be informed thereof.

The two Parties shall seek agreement for the purposes of establishing a system of electronic exchange of this information.

Chapter IV – By-catches

The level of by-catches for each of the fisheries covered by the Protocol shall be fixed in accordance with Guinea-Bissau legislation and specified in the datasheets for each category.

Chapter V – Embarking seamen

Vessel owners who have been issued fishing licences under the Agreement shall contribute to the practical vocational training of Guinea-Bissau nationals and to an improvement of the labour market, subject to the conditions and limits set out below.

1. Each trawler owner shall undertake to employ:

- three fishermen on vessels of less than 250 GRT;

- four fishermen on vessels of 250 to 400 GRT;

- five fishermen on vessels of 400 to 650 GRT;

- six fishermen on vessels of more than 650 GRT.

2. Vessel owners shall endeavour to take on board additional Guinea-Bissau seamen.

3. Vessel owners shall be free to select through their representatives the seamen they take on board their vessels.

4. The vessel owner or agent shall inform the Ministry of the names of the Guinea-Bissau seamen signed on the vessel concerned, mentioning their position in the crew.

5. The International Labour Organisation (ILO) Declaration on Fundamental Principles and Rights at Work shall apply as of right to seamen signed on by EU vessels. 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.

6. The employment contracts of Guinea-Bissau seamen, a copy of which shall be given to the signatories, shall be drawn up between the vessel owners’ representative(s) and the seamen and/or their trade unions or representatives in consultation with the Ministry. These contracts shall guarantee the seamen the social security cover applicable to them, including life assurance and sickness and accident insurance.

7. The wages of the Guinea-Bissau seamen shall be paid by the vessel owners. They shall be fixed, before licences are issued, by mutual agreement between the vessel owners or their agents and the competent authorities of Guinea-Bissau. However, the wage conditions granted to Guinea-Bissau seamen shall not be lower than those applied to crews from Guinea-Bissau and shall under no circumstances be below ILO standards.

8. All seamen employed aboard EU vessels shall report to the master of the vessel designated on the day before their proposed embarkation date. Where a seaman fails to report at the date and time agreed for embarkation, vessel owners shall be automatically absolved of their obligation to take that seaman on board.

9. Where no Guinea-Bissau seamen are taken on board for reasons other than that referred to in the previous point, EU vessel owners shall be obliged to pay as soon as possible a flat-rate amount for the fishing year equivalent to the wages of the seamen not taken on board.

10. This sum shall be paid into a specific account designated in advance by the competent Guinea-Bissau authorities and shall help fund public vocational training structures in the fisheries sector.

Chapter VI – Technical measures

1. Vessels fishing for highly migratory species shall comply with the measures and recommendations adopted by the ICCAT regarding fishing gear and the technical specifications thereof and all other technical measures applicable to their fishing activities.

2. For trawlers, specific measures are set out in each of the corresponding datasheets.

3. Guinea-Bissau shall apply the closure of fisheries or of a fishery for biological recovery in non-discriminatory fashion to all vessels taking part in those fisheries, whether national, EU or flying the flag of a third country.

4 . Based on an impact analysis, if it proves necessary, the two Parties shall agree within the Joint Committee on any corrective measures relating to biological recovery to be applied.

5. In the event that Guinea-Bissau is required to take emergency measures entailing the closure of a fishery outside the period(s) referred to in point 3 above, or to extend the duration of closure beyond the period provided for, the Joint Committee shall be convened to assess the impact of applying such measures to EU vessels.

6. Where application of points 4 and 5 above entails an increase in the period(s) of closure of fisheries, the two Parties shall hold consultations within the Joint Committee in order to adjust the financial contribution to take account of the reduced fishing opportunities for the EU resulting from such measures.

Chapter VII – Observers on board trawlers

1. Vessels authorised to fish in Guinea-Bissau waters under the Agreement shall take on board observers appointed by Guinea-Bissau on the terms set out below.

1.1 Each trawler shall take on board an observer appointed by the Ministry responsible for fisheries.In such cases, the port of embarkation shall be determined by common agreement between the Ministry responsible for fisheries and the vessel owners or their representatives.

1.2 The Ministry shall draw up a list of vessels designated to take an observer on board and a list of the appointed observers. These lists shall be kept up to date. They shall be forwarded to the European Commission as soon as they have been drawn up and every three months thereafter where they have been updated.

1.3 The Ministry shall inform the vessel owners concerned, or their representatives, of the name of the observer appointed to be taken on board their vessel at the time the licence is issued.

2. The time spent on board by observers shall be fixed by the Ministry, but, as a general rule, it shall not exceed the time required to carry out their duties. The Ministry shall inform the vessel owners or their agents thereof when notifying them of the name of the observer appointed to be taken on board the vessel concerned.

3. The conditions under which observers are taken on board shall be agreed between vessel owners or their representatives and the Guinea-Bissau authorities.

4. Observers shall be taken on board at the beginning of the first trip in the port of Guinea-Bissau and, if the licence is renewed, at a port chosen by the vessel owner.

5. Within two weeks and giving ten days’ notice, the vessel owners concerned shall make known at which ports and on what dates they intend to take observers on board.

6. Where observers are taken on board in a foreign country, their travel costs shall be borne by the vessel owner. Should a vessel with a Guinea-Bissau observer on board leave the Guinea-Bissau fishing zone, all measures must be taken to ensure the observer’s return as soon as possible at the expense of the vessel owner.

7. If the observer is not present at the time and place agreed or within the twelve hours following the time agreed, vessel owners shall be automatically absolved of their obligation to take the observer on board.

8. Observers shall be treated as officers. Where vessels are operating in Guinea-Bissau waters, they shall carry out the following tasks:

8.1 observe the fishing activities of the vessels;

8.2 verify the position of vessels engaged in fishing operations;

8.3 perform biological sampling in the context of scientific programmes;

8.4 note the fishing gear used;

8.5 verify the catch data for Guinea-Bissau waters recorded in the logbook;

8.6 verify the percentages of by-catches and estimate the discarded catches;

8.7 report fishing data at least once a week by radio, including the quantity of catches and by-catches on board.

9. Masters shall do everything in their power to ensure the physical safety and welfare of observers during performance of their duties.

10. Observers shall be offered every facility needed to carry out their duties. Masters shall give them access to the means of communication needed for the discharge of their duties, to documents directly concerned with the vessel’s fishing activities, including in particular the logbook and the navigation log, and to those parts of the vessel necessary to facilitate the exercise of their tasks.

11. While on board, observers shall:

11.1 take all appropriate steps to ensure that the conditions of their boarding and presence on the vessel neither interrupt nor hamper fishing operations;

11.2 respect the material and equipment on board and the confidentiality of all documents belonging to the vessel.

11.3 draft an activity report to be transmitted to the competent Guinea-Bissau authorities. Those authorities shall send a copy of the report, after processing and within one week, to the Delegation of the European Commission in Bissau.

12. At the end of the observation period and before leaving the vessel, observers shall draw up an activity report to be transmitted to the competent Guinea-Bissau authorities, with a copy to the European Commission. They shall sign it in the presence of the master, who may add or cause to be added to it in an annex any observations considered relevant, followed by the master’s signature. A copy of the report shall be handed to the master when the observer is put ashore.

13. Vessel owners shall bear the cost of accommodating observers in the same conditions as the officers on the vessel, within the confines of the structure of the vessel.

As a contribution to the costs arising from the presence of the observer on board, together with the licence fee the vessel owner shall pay the Guinea-Bissau authorities the sum of EUR 12 per GRT per year pro rata temporis for each vessel fishing in Guinea-Bissau waters.

14. The salary and social contributions of the observer shall be borne by the Ministry.

Chapter VIII – Observers on board tuna vessels

The two Parties shall consult each other, and interested countries, as soon as possible as regards the definition of a system of regional observers and the choice of the competent regional fisheries organisation.

Chapter IX – Monitoring

1. In accordance with point 1 of Section 2 of Chapter I, the European Union shall keep an up-to-date list of the vessels to which a fishing licence has been issued under this Protocol. This list shall be notified to the Guinea-Bissau authorities responsible for fisheries inspection as soon as it is drawn up and each time it is updated.

2. Vessels fishing for highly migratory species shall be included on the list referred to in the previous point upon receipt of notification of the advance payment referred to in point 3 of Section 2 of Chapter I of this Annex. A certified copy of the list of tuna vessels shall then be sent to the vessel owner to be kept on board instead of the fishing licence until the licence has been issued by the competent Guinea-Bissau authority.

3. Technical inspection of trawlers

3.1 Once a year and after any alteration in tonnage or changes to the fishing category necessitating the use of a different type of gear, EU trawlers shall report to the port of Guinea-Bissau to undergo the inspections required by the legislation in force. Such inspections shall take place within 48 hours of the vessel's arriving in port.

3.2 Once the inspection has been completed satisfactorily, the master of the vessel shall be issued with a certificate having the same period of validity as the licence and which shall be automatically extended in the case of vessels renewing their licence within the year. However, the maximum validity may not exceed one year. This certificate must be kept on board at all times.

3.3 The technical inspection shall verify that the vessel’s technical characteristics and gear conform to the provisions of the Agreement and that the provisions relating to its crew have been complied with.

3.4 The cost of the inspection shall be borne by the vessel owner at the rates laid down by Guinea-Bissau law. It may not be greater than the amount normally paid by other vessels for the same services.

3.5 Failure by the vessel owner to comply with points 3.1 and 3.2 above shall result in automatic suspension of the fishing licence until such obligations have been met.

4. Entering and leaving the zone:

All the EU vessels fishing under the Agreement in Guinea-Bissau’s fishing zone shall report the date and time and their position to the radio station of the Ministry responsible for fisheries on entering and leaving Guinea-Bissau’s fishing zone.

When licences are issued, the Ministry responsible for fisheries shall inform the vessel owners of the call sign, frequency and working hours of the station.

Where they cannot communicate information by radio, vessels may use alternative means, such as telex, telegram or fax (numbers 20.11.57, 20.19.57 and 20.69.50).

4.1 EU vessels shall notify the Ministry at least 24 hours in advance of their intention to enter or leave the Guinea-Bissau fishing zones. For tuna vessels this deadline shall be reduced to 6 hours.

4.2 When notifying leaving, vessels shall also communicate their position and the volume and species in catches on board. This information should preferably be communicated by fax or, for vessels not equipped with a fax, by radio or by e-mail.

4.3 A vessel found to be fishing without having informed the Ministry shall be regarded as a vessel without a licence.

4.4 Vessels shall also be informed of the fax and telephone numbers and e-mail address when the fishing licence is issued.

5. Monitoring procedures

5.1 Masters of EU fishing vessels engaged in fishing activities in Guinea-Bissau waters shall allow and facilitate boarding and the discharge of their duties by any Guinea-Bissau official responsible for the inspection and control of fishing activities.

5.2. These officials shall not remain on board for longer than is necessary for the discharge of their duties.

5.3 Once the inspection and control has been completed, a certificate shall be issued to the master of the vessel.

6. Boarding

6.1 The Ministry shall inform the European Commission via its Delegation to Guinea-Bissau, within no more than 48 hours, of all boardings of and penalties imposed on EU vessels in Guinea-Bissau waters.

6.2 The European Commission shall at the same time receive a brief report of the circumstances and reasons leading to the boarding.

7. Statement of boarding

7.1 After the competent Coastal State authority has drawn up a statement, the master of the vessel shall sign it.

7.2 This signature shall not prejudice the rights of the master or any defence which he or she may make to the alleged infringement.

7.3 In accordance with the applicable law, the master may be required to take the vessel to the port indicated by the competent authorities.

8. Information meeting in the event of boarding

8.1 Before any measures regarding the master or the crew of the vessel or any action regarding the cargo and equipment of the vessel are considered, other than those to safeguard evidence relating to the presumed infringement, an information meeting shall be held at the request of the EU, within one working day of the receipt of the above information, between the European Commission and the Ministry, possibly attended by a representative of the Member State concerned.

8.2 At the meeting, the Parties shall exchange any relevant documentation or information helping to clarify the circumstances of the established facts. The vessel owner or his or her representative shall be informed of the outcome of the meeting and of any measures resulting from the boarding.

9. Settlement of boarding

9.1 Before any judicial procedure, an attempt shall be made to resolve the presumed infringement by means of an amicable settlement. This procedure shall end no later than four working days after the boarding.

9.2 In the event of an amicable settlement, the amount of the fine shall be determined in accordance with Guinea-Bissau legislation.

9.3 If the case cannot be settled by amicable procedure and has to be brought before a competent judicial body, a bank security set to take account of the boarding costs and the fines and compensation payable by the Parties responsible for the infringement shall be lodged by the vessel owner with a bank specified by the Ministry.

9.4 The bank security shall be irrevocable until the legal proceedings have been concluded. It shall be released once legal proceedings end without a conviction. Similarly, in the event of a conviction leading to a fine of less than the security lodged, the balance shall be released by the Ministry.

9.5 The vessel shall be released and its crew authorised to leave the port:

- once the obligations arising under the amicable settlement have been fulfilled, or

- when the bank security referred to in point 9.3 has been lodged and accepted by the Ministry, pending completion of the legal proceedings.

10. Compliance with the rules

All information on infringements committed by EU vessels shall be communicated to the Commission on a regular basis, via the Delegation.

11. Transhipment

11.1 All EU vessels wishing to tranship catches in Guinea-Bissau waters shall do so within Guinea-Bissau ports.

11.2 The owners of such vessels must notify the following information to the Ministry at least 24 hours in advance:

- the names of the transhipping fishing vessels,

- the names of the cargo vessels;

- the tonnage by species to be transhipped,

- the day of transhipment.

11.3 Transhipment shall be considered as an exit from the Guinea-Bissau fishing zone. Vessels must therefore submit their catch declarations to the competent authorities and state whether they intend to continue fishing or leave the Guinea-Bissau fishing zone.

11.4 Any transhipment of catches not covered above shall be prohibited in Guinea-Bissau’s fishing zone. Any person infringing this provision shall be liable to the penalties provided for by Guinea-Bissau law.

12. Masters of EU fishing vessels engaged in landing or transhipment operations in a Guinea-Bissau port shall allow and facilitate the inspection of such operations by Guinea-Bissau inspectors. Once the inspection has been completed in the port, a certificate shall be issued to the master of the vessel.

Chapter X – Satellite monitoring of fishing vessels

The two Parties shall agree within the Joint Committee on the arrangements for satellite-monitoring of EU fishing vessels fishing under this Agreement where the technical conditions are met.

APPENDICES

1 – Application form for a fishing licence

2 – Statistics on catch and fishing effort

3 – Tuna vessels fishing logbook

Appendix 1

APPLICATION FORM

FOR A

FISHING LICENCE

For official use only | Remarks |

Nationality: ………………………………….. Licence number: …………………………….. Date of signing: ……………………………... Date of issue: ……………………………….. | ……………………………………………….. ……………………………………………….. ……………………………………………….. ………………………………………………... |

APPLICANT

Name of firm:

Trade register No:

First name and surname of applicant:

Date and place of birth:

Occupation:

Address:

Number of employees:

Name and address of agent:

VESSEL

Type of vessel: Registration No:

New name: Former name:

Date and place of construction:

Original nationality:

Length: Width of vessel: Depth:

Gross tonnage: Net tonnage:

Type of building material:

Make of main engine: Type: Engine power:

Propeller: Fixed: ( Variable: ( Ducted: (

Speed:

Call sign: Frequency:

List of sounding, navigation and transmission instruments:

Radar: ( Sonar: ( Net sounder: (

VHF: ( BLU: ( Satellite navigation: ( Other

Number of crew:

CONSERVATION

Ice: ( Ice and refrigeration: (

Freezing: in brine: ( dry: ( in refrigerated sea water: (

Total refrigeration power:

Freezing capacity in tonnes/24 hours:

Hold capacity:

TYPE OF FISHING

A. Demersal

Inshore demersal: ( Deep-sea demersal: (

Type of trawl:

cephalopod: ( shrimp: ( fin-fish: (

Length of trawl: Length of headline:

Mesh size in codend:

Size of mesh in the wings:

Trawling speed:

B. Deep-sea pelagic (tuna)

Pole and line: ( Number of poles and lines: (

Seine: ( Length of net: Depth of net:

Number of tanks: Capacity (tonnes):

C. Longlines and pots

Surface: ( Bottom: (

Length of line: Number of hooks:

Number of lines:

Number of pots:

SHORE INSTALLATIONS

Address and authorisation No:

Name of firm:

Activities:

Domestic wholesale fish trade: ( export: (

Type and No of wholesale trader's card:

Description of processing and conservation plant:

Number of employees:

N.B. Indicate affirmative answers by a tick in the appropriate box.

Technical remarks

Authorisation of the State ministry

Appendix 2

FISHERIES MINISTRY STATISTICS ON CATCH AND EFFORT Month: Year:

Name of vessel: | Engine power: | Fishing method: |

Nationality: | Gross tonnage (t): | Port of landing: |

Date | Fishing zone | Number of hauls | Number of hours fishing | Species of fish |

TUNA VESSELS FISHING LOGBOOK | Longline |

1. Fishing zone |

Beyond 12 nautical miles from the base line, including the Guinea-Bissau/Senegal joint management area, extending north to the azimuth 268°. |

2. Authorised gear |

Standard otter trawls and other selective gear are authorised. Outriggers are authorised. In the case of all fishing gear, no methods or devices may be used to seek to obstruct the mesh of the nets or reduce their selective effect. However, in the interests of reducing wear or damage, protective aprons of netting or other material may be attached, but only to the underside of the codend of a bottom trawl. Such aprons must be attached only to the forward and lateral edges of the codend of the trawl. Protective devices may be used for the top of the trawl, but these must consist of a single section of net of the same material as the codend, with the mesh measuring at least 300 millimetres when stretched out. Doubling of the codend’s netting yarn, whether single or multiple, shall be prohibited. |

3. Minimum authorised mesh |

70 mm |

4. Biological recovery |

In accordance with Guinea-Bissau law. In the absence of provisions in Guinea-Bissau law, the two Parties shall agree within the Joint Committee and on the basis of the best available scientific advice approved by the joint scientific meeting, on the most appropriate biological recovery period. |

5. By-catches |

In accordance with Guinea-Bissau law: Fin-fish trawlers may not hold on board crustaceans or cephalopods accounting, in each case, for more than 9% of their total catch in Guinea-Bissau’s fishing zone at the end of a trip as defined in Chapter III of the Annex to this Protocol. Cephalopod trawlers may not hold on board crustaceans accounting for more than 9% of their total catch in Guinea-Bissau’s fishing zone at the end of a trip as defined in Chapter III of the Annex to this Protocol. Where these percentages exceed the authorised by-catches, penalties shall be imposed in accordance with Guinea-Bissau law. The two Parties shall consult within the Joint Committee to adjust the authorised rate if necessary. |

6. Authorised tonnage/fees |

Authorised tonnage (GRT) per year | 4 400 |

Fees in EUR per GRT per year | EUR 229 per GRT per year In the case of three-month and six-month licences, the fees shall be calculated pro rata temporis, plus 3% and 2% respectively to cover recurrent costs in drawing up the licences. |

7. Comments |

The conditions governing fishing activity by Community vessels shall be as laid down in the Annex to the Protocol. |

DATASHEET No 2 - FISHING CATEGORY 2: SHRIMP TRAWLERS |

1. Fishing zone |

Beyond 12 nautical miles from the base line, including the Guinea-Bissau/Senegal joint management area, extending north to the azimuth 268°. |

2. Authorised gear |

Standard otter trawls and other selective gear are authorised. Outriggers are authorised. In the case of all fishing gear, no methods or devices may be used to seek to obstruct the mesh of the nets or reduce their selective effect. However, in the interests of reducing wear or damage, protective aprons of netting or other material may be attached, but only to the underside of the codend of a bottom trawl. Such aprons must be attached only to the forward and lateral edges of the codend of the trawl. Protective devices may be used for the top of the trawl, but these must consist of a single section of net of the same material as the codend, with the mesh measuring at least 300 millimetres when stretched out. Doubling of the codend’s netting yarn, whether single or multiple, shall be prohibited. |

3. Minimum authorised mesh |

40 mm. Guinea-Bissau undertakes to amend its legislation within 12 months of the entry into force of this Protocol in order to apply a 50 mm mesh size in accordance with existing law in the subregion, which will apply to all fleets fishing for crustaceans in the Guinea-Bissau fishing zone. ] |

4. Biological recovery |

In accordance with Guinea-Bissau law. In the absence of provisions in Guinea-Bissau law, the two Parties shall agree within the Joint Committee and on the basis of the best available scientific advice approved by the joint scientific meeting, on the most appropriate biological recovery period. |

5. By-catches |

In accordance with Guinea-Bissau law: Shrimp trawlers may not hold on board cephalopods or fin-fish accounting, in each case, for more than 50% of their total catch in Guinea-Bissau’s fishing zone at the end of a trip as defined in Chapter III of the Annex to this Protocol. Where these percentages exceed the authorised by-catches, penalties shall be imposed in accordance with Guinea-Bissau law. |

6. Authorised tonnage/fees |

Authorised tonnage (GRT) per year | 4 400 |

Fees in EUR per GRT per year | EUR 307 per GRT per year In the case of three-month and six-month licences, the fees shall be calculated pro rata temporis, plus 3% and 2% respectively to cover recurrent costs in drawing up the licences. |

7. Comments |

The conditions governing fishing activity by Community vessels shall be as laid down in the Annex to the Protocol. |

DATASHEET No 3 – FISHING CATEGORY 3: POLE-AND-LINE TUNA VESSELS |

1. Fishing zone: |

Beyond 12 nautical miles from the base line, including the Guinea-Bissau/Senegal joint management area, extending north to the azimuth 268°. Pole-and-line tuna vessels shall be authorised to fish for live bait with a view to carrying out their fishing activities in Guinea-Bissau’s fishing zone. |

2. Authorised gear and technical measures |

Poles and lines Purse seines with live bait: 16 mm Vessels fishing for highly migratory species shall comply with the measures and recommendations adopted by the International Commission for the Conservation of Atlantic Tunas (ICCAT) regarding fishing gear and the technical specifications thereof and all other technical measures applicable to their fishing activities. |

3. By-catches: |

In accordance with the relevant ICCAT and FAO recommendations, fishing for the basking shark (Cetorhinus maximus), white shark (Carcharodon carcharias), sand tiger shark (Carcharias taurus) and tope shark (Galeorhinus galeus) is prohibited. |

4. Authorised tonnage/fees |

Fee per tonne caught | EUR 25 per tonne |

Annual flat-rate fee: | EUR 500 per 20 tonnes |

Number of vessels authorised to fish | 14 |

5. Comments |

The conditions governing fishing activity by Community vessels shall be as laid down in the Annex to the Protocol. |

DATASHEET No 4 - FISHING CATEGORY 4: FREEZER TUNA SEINERS AND LONGLINERS |

1. Fishing zone: |

Beyond 12 nautical miles from the base line, including the Guinea-Bissau/Senegal joint management area, extending north to the azimuth 268°. |

2. Authorised gear and technical measures |

Seine and surface longline. Vessels fishing for highly migratory species shall comply with the measures and recommendations adopted by the International Commission for the Conservation of Atlantic Tunas (ICCAT) regarding fishing gear and the technical specifications thereof and all other technical measures applicable to their fishing activities. |

3. Minimum authorised mesh |

Recommended ICCAT standard. |

4. By-catches: |

In accordance with the relevant ICCAT and FAO recommendations, fishing for the basking shark (Cetorhinus maximus), white shark (Carcharodon carcharias), sand tiger shark (Carcharias taurus) and tope shark (Galeorhinus galeus) is prohibited. |

5. Authorised tonnage/fees |

Fee per tonne caught | EUR 35 per tonne |

Annual flat-rate fee: | EUR 3 150 per 90 tonnes |

Number of vessels authorised to fish | 23 |

6. Comments |

The conditions governing fishing activity by Community vessels shall be as laid down in the Annex to the Protocol. |

Annex III

Outline of the objectives and performance indicators to be complied with under Articles 3, 8 and 9 of the Protocol

Strategic priorities and objectives | Indicators |

1. Improvement of health and hygiene conditions to develop the fisheries sector |

Preparations to obtain export approval | Rules on minimum health and hygiene standards applicable to industrial vessels, canoes and fishing enterprises products drawn up/adopted by Parliament and implemented Competent authority in place Centro de Investigação Pesqueira Apliquada (CIPA) brought up to standards (ISO 9000) Laboratory provided to carry out microbiological and chemical analyses Shrimp monitoring and analysis plan (PNVAR 2008) adopted and incorporated into law Number of health inspectors trained Number of health workers and fisheries ministry staff trained in hygiene standards Approval for export to the European Union obtained |

1.1 Modernisation and upgrading health and hygiene of the industrial fleet and the small-scale fleet | Number of industrial vessels brought up to standards Number of wooden canoes replaced with canoes made of more suitable materials (in absolute terms and as a percentage) Number of canoes equipped with iceboxes Increased number of unloading points Small-scale fishing vessels and coastal fishing vessels brought into compliance with health standards (number in absolute terms and as a percentage) |

1.2 Developing infrastructure, in particular port infrastructure | Refurbishment of Port of Bissau and extension of fishing port Port fish market for unloading catches from small-scale and industrial fishing developed and restored to standards Port of Bissau brought up to international standards (ratification of OLAS Convention) Wrecks removed from port |

1.3 Promoting fisheries products (health and plant-health conditions of the products landed and processed) | Inspection system for fishery products adapted and operational Actors made aware of health and hygiene rules (number of training courses organised and number of people trained) Analytical laboratory operational Number of sites developed for non-industrial landing and processing Promoting technical and commercial partnerships with private operators overseas Eco-labelling system launched for Guinea-Bissau products |

2. Improving monitoring, control and surveillance of the fishing zone |

Improved legal framework | Agreement adopted between the ministry of fisheries and of defence on surveillance and control National monitoring, control and surveillance plan adopted and implemented |

2.1 Strengthening monitoring, control and surveillance | Body of sworn independent inspectors operational (number of people recruited and trained) and corresponding budgetary allocation entered in the finance act Number of days of surveillance at sea: 250 days/year at the end of the period covered by the Protocol Number of inspections in port and at sea Number of aerial inspections Number of statistical bulletins published Radar coverage rate Rate of VMS coverage of the fleet as a whole Training programme adapted to surveillance techniques implemented (number of hours of training, number of technicians trained, etc.) |

2.2 Monitoring boarding of vessels | Improving the transparency of the system of boarding, penalties and payments of fines Rules on payment of fines improved and ban introduced on payment of fines other than financial Improvement of system for collection of fines Publication of annual statistics on fines collected Setting up a blacklist of vessels penalised Drawing up of and annual publication of statistics on fines FISCAP annual report published |

3. Improving fisheries management |

Managing shrimp and cephalopod fishing effort | Maintaining in 2007 existing agreements with third countries and the European Union However, if the fishing opportunities granted to third countries remain unused on 1 January 2007, these opportunities shall not be mobilised in 2008 and subsequent years. No fishing opportunities shall be granted to chartering Definitive withdrawal from and formal termination of any agreement with European companies or associations/enterprises within thirty days of the entry into force of this Protocol |

3.1 Modernisation and stepping up of fisheries research | Strengthen CIPA research capacities |

3.2 Improving information on fishery resources | Annual trawling carried out Number of stocks evaluated Number of research programmes Number of recommendations issued and followed on the state of the main fisheries resources (in particular freezes on fishing and conservation measures for overfished stocks) Evaluation of annual fishing effort for species which are the subject of a development plan Instrument to manage operational fishing effort (setting up a database, statistical monitoring instruments, networking the services responsible for fleet management, publication of statistical bulletins, etc ) |

3.3 Controlled development of fisheries | Adoption of annual management plan for industrial fishing before the start of the year concerned Adoption and implementation of development plan for over-exploited resources Vessel register kept in EEZ, including small-scale fishing Number of development plans drawn up, implemented and evaluated |

3.4 Improving the effectiveness of the technical services of the Ministère des Pêches et de l’Economie Maritime (Ministry of Fisheries and the Marine Economy) and the services involved in managing the sector | Administrative capacities strengthened Training and retraining programme drawn up and applied (number of agents trained, number of hours of training, etc ) Mechanisms for coordination, consultation and cooperation with partners strengthened System of data collection and statistical monitoring of fisheries strengthened |

3.5 Developing the system for managing licences and monitoring vessels | Number of hours of training for technicians Number of technicians trained Networking of services and statistics |

LEGISLATIVE FINANCIAL STATEMENT

1. FRAMEWORK OF THE PROPOSAL/INITIATIVE

1.1. Title of the proposal/initiative

1.2. Policy area(s) concerned

1.3. Nature of the proposal/initiative

1.4. Objective(s)

1.5. Grounds for the proposal/initiative

1.6. Duration and financial impact

1.7. Management method(s) envisaged

2. MANAGEMENT MEASURES

2.1. Monitoring and reporting rules

2.2. Management and control system

2.3. Measures to prevent fraud and irregularities

3. ESTIMATED FINANCIAL IMPACT OF THE PROPOSAL/INITIATIVE

3.1. Heading(s) of the multiannual financial framework and expenditure budget line(s) affected

3.2. Estimated impact on expenditure

3.2.1. Summary of estimated impact on expenditure

3.2.2. Estimated impact on operational appropriations

3.2.3. Estimated impact on appropriations of an administrative nature

3.2.4. Compatibility with the current multiannual financial framework

3.2.5. Third-party participation in financing

3.3. Estimated impact on revenue

FRAMEWORK OF THE PROPOSAL/INITIATIVE

Title of the proposal/initiative

Proposal for a Council Decision on the conclusion of a new Protocol setting out the fishing opportunities and financial contribution provided for in the Fisheries Partnership Agreement between the European Union and the Republic of Guinea-Bissau.

Policy area(s) concerned in the ABM/ABB structure[7]

11. - Maritime Affairs and Fisheries

11.03 - International fisheries and law of the sea

Nature of the proposal/initiative

( The proposal/initiative relates to a new action

( The proposal/initiative relates to a new action following a pilot project/preparatory action[8]

X The proposal/initiative relates to the extension of an existing action

( The proposal/initiative relates to an action redirected towards a new action

Objectives

The Commission's multiannual strategic objective(s) targeted by the proposal/initiative

The negotiation and conclusion of fisheries agreements with third countries meets the general objective of maintaining and safeguarding the fishing activities of the European Union fleet, including the distant-water fleet, and developing relations in a spirit of partnership with a view to strengthening the sustainable exploitation of fishery resources outside EU waters.

The Fisheries Partnership Agreements (FPAs) also ensure coherence between the principles governing the Common Fisheries Policy and the commitments made under other European policies (sustainable use of third-country resources, combating illegal, unreported and unregulated (IUU) fishing, integration of partner countries into the global economy and better political and financial governance of fisheries).

Specific objective(s) and ABM/ABB activity(ies) concerned

Specific objective No 1[9]

To contribute to sustainable fishing in non-EU waters, maintain a European presence in distant-water fisheries and protect the interests of the European fisheries sector and of consumers by negotiating and concluding FPAs with coastal states, in line with other European policies.

ABM/ABB activities concerned

Maritime affairs and fisheries, international fisheries and law of the sea, international fisheries agreements (budget line 11.0301)

Expected result(s) and impact(s)

Specify the effects which the proposal/initiative should have on the beneficiaries/groups targeted.

The conclusion of the Protocol contributes to maintaining the previous level of fishing opportunities for European vessels in the Guinea-Bissau fishing zones.

The Protocol will also contribute to better management and conservation of fishery resources, through financial support (sectoral support) for the implementation of the programmes adopted at national level by the partner country.

Indicators of results and impact

Rate of utilisation of fishing opportunities (uptake of fishing authorisations as a percentage of availability under the Protocol);

gathering and analysing data on catches and the commercial value of the Agreement;

Contribution to employment and to added value in the EU and to stabilising the EU market (in aggregate with other FPAs);

number of technical meetings and Joint Committee meetings.

Grounds for the proposal/initiative

Requirement(s) to be met in the short or long term

The Protocol for the period 2007-11 expired on 15 June 2011. The new Protocol covers the period from 16 June 2011 to 15 June 2012. A procedure for the adoption by the Council of a Decision regarding the provisional implementation of the Protocol has been launched in parallel with this procedure.

The new Protocol will provide a framework for the fishing activities of the European fleet and will, in particular, allow vessel owners to continue to obtain fishing authorisations in the fishing zones of Guinea-Bissau from 16 June 2011. In addition, the new Protocol enhances cooperation between the European Union and Guinea-Bissau, with a view to promoting the development of a sustainable fishing policy.

Added value of EU involvement

As regards this new Protocol, failure to act by the EU would allow private agreements to spring up which would not guarantee sustainable fisheries. The European Union also hopes that with this Protocol, Guinea-Bissau will continue to cooperate effectively with the EU on sustainable fishing.

The funds available under the Protocol will also allow Guinea-Bissau to continue its strategic planning efforts for the implementation of its fisheries policies.

Lessons learned from similar experiences in the past

The Parties have decided to adopt a Protocol for one year in the course of which they will assess the prospect of a future protocol of a longer duration. Thus there was no modification of the fishing opportunities, as the scientific advice had not suggested any such modification. Consequently, the financial contribution is also maintained at the same level as that of the previous Protocol.

Coherence and possible synergy with other financial instruments

Funds paid out under FPAs constitute fungible revenue in the budgets of the third-country partners. However, allocating some of those funds for implementing measures as part of the country’s sectoral policy is a condition for the conclusion and monitoring of FPAs. These financial resources are compatible with other sources of funding from other international donors for carrying out projects and/or programmes at national level in the fisheries sector.

Duration and financial impact

X Proposal/initiative of limited duration

X Proposal/initiative in effect from 16 June 2011 until 15 June 2012.

X Financial impact from 2011 to 2012

( Proposal/initiative of unlimited duration

- Implementation with a start-up period from [YYYY] to [YYYY],

- Followed by full-scale operation.

Management method(s) envisaged[10]

X Centralised direct management by the Commission

( Centralised indirect management with the delegation of implementation tasks to:

- ( executive agencies

- ( bodies set up by the Communities[11]

- ( national public-sector bodies/bodies with public-service mission

- ( persons entrusted with the implementation of specific actions pursuant to Title V of the Treaty on European Union and identified in the relevant basic act within the meaning of Article 49 of the Financial Regulation

( shared management with the Member States

( decentralised management with third countries

( joint management with international organisations (please specify)

If more than one management mode is indicated, please provide details in the 'Comments' section.

Comments

[…]

MANAGEMENT MEASURES

Monitoring and reporting rules

Specify the frequency and conditions of these measures.

The Commission (DG MARE, in collaboration with its fisheries counsellor in Dakar and the European Union’s Delegation to Bissau) will ensure regular monitoring of the implementation of this Protocol, particularly as regards operators’ use of fishing opportunities and in terms of catch data.

Furthermore, the Fisheries Partnership Agreement provides for at least one annual meeting of the Joint Committee, at which the Commission and the third country review the implementation of the Agreement and the Protocol thereto and, if necessary, adjust the programming and, where applicable, the financial contribution.

Management and control system

Risk(s) identified

There is some risk in setting up a fisheries protocol, for example: the amounts intended to finance the sectoral fisheries policy might not be allocated as agreed (under-programming).

Control method(s) envisaged

To avoid these risks, extensive dialogue is planned on the programming and implementation of the sectoral policy. Joint analysis of progress, as referred to in paragraph 2.1, also forms part of these control methods.

In addition, the Protocol contains specific clauses for its suspension, on certain conditions and in given circumstances.

Measures to prevent fraud and irregularities

Specify existing or envisaged prevention and protection measures.

The Commission undertakes to try to establish permanent political dialogue and cooperation with a view to improving the management of the Agreement and strengthening the EU’s contribution to the sustainable management of resources. In any case, any payment which the Commission makes under a fisheries agreement is subject to the Commission's standard rules and budgetary and financial procedures. This makes it possible, in particular, to fully identify the bank accounts of the third countries into which the financial contribution is paid. For this particular Protocol, Article 2(8) stipulates that the entire financial contribution must be paid into a Public Treasury account opened with a financial institution specified by the authorities of Guinea-Bissau.

ESTIMATED FINANCIAL IMPACT OF THE PROPOSAL/INITIATIVE

Heading(s) of the multiannual financial framework and expenditure budget line(s) affected

- Existing expenditure budget lines

In order of multiannual financial framework headings and budget lines.

Heading of multiannual financial framework | Budget line | Type of expenditure | Participation |

Number [Description…..…………………………………] | DA/NDA[12] | from EFTA countries[13] | from candidate countries[14] | from third countries | within the meaning of Article 18(1)(aa) of the Financial Regulation |

2 | 11.0301 International fisheries agreements | DA | None | None | None | None |

- New budget lines requested

(not applicable)

In order of multiannual financial framework headings and budget lines.

Heading of multiannual financial framework | Budget line | Type of expenditure | Participation |

Number [Description…..…………………………………] | DA/NDA | from EFTA countries | from candidate countries | from third countries | within the meaning of Article 18(1)(aa) of the Financial Regulation |

[…] | [XX.YY.YY.YY] […] | […] | YES/NO | YES/NO | YES/NO | YES/NO |

Estimated impact on expenditure

Summary of estimated impact on expenditure

EUR million (to four decimal places)

Heading of multiannual financial framework: | 2 | Preservation and management of natural resources |

EUR million (to three decimal places)

( Establishment plan posts (officials and temporary agents) |

XX 01 01 01 (Headquarters and Commission’s Representation Offices) | 0.5 | 0.5 |

XX 01 01 02 (in delegations) |

XX 01 05 01 (Indirect research) |

10 01 05 01 (Direct research) |

( External personnel (in full-time equivalent - FTE)[26] |

XX 01 02 01 (CA, INT, SNE from the ‘global envelope’) | 0 | 0 | 0 | 0 |

XX 01 02 02 (CA, INT, JED, LA and SNE in the delegations) | 0.1 | 0.1 |

10 01 05 02 (CA, INT, SNE - Direct research) |

11010404 (CA, responsible for monitoring implementation of sectoral support) | 0.25 | 0.25 |

TOTAL | 0.85 | 0.85 |

- XX is the policy area or budget title concerned.

The human resources required will be met by staff from the DG who are already assigned to management of the action and/or have been redeployed within the DG, together if necessary with any additional allocation which may be granted to the managing DG under the annual allocation procedure and in the light of budgetary constraints.

Description of tasks to be carried out:

Officials and temporary/contract agents | Monitoring and management of the process for the (re)negotiation the FPA and the approval of the result of the negotiations by the institutions, management of the current FPA, including permanent working and financial monitoring; management of licences |

External staff | Monitoring the implementation of the sectoral support |

Compatibility with the current multiannual financial framework

- x The proposal is compatible with the existing financial programming.

- ( The proposal entails reprogramming the relevant heading in the multiannual financial framework.

Explain what reprogramming is required, specifying the budget lines concerned and the corresponding amounts.

[…]

- ( The proposal requires application of the flexibility instrument or revision of the multiannual financial framework[29].

Explain what is required, specifying the headings and budget lines concerned and the corresponding amounts.

[…]

Third-party participation in financing

- X The proposal does not provide for co-financing by third parties

- The proposal provides for the co-financing estimated below:

Appropriations in EUR million (to three decimal places)

Year N | Year N+1 | Year N+2 | Year N+3 | Enter as many years as necessary to show the duration of the impact (see point 1.6) | Total |

Year N | Year N+1 | Year N+2 | Year N+3 | … enter as many years as necessary to show the duration of the impact (see point 1.6) |

Article ………….. | | | | | | | | | |For miscellaneous ‘assigned’ revenue, specify the budget expenditure line(s) affected.

[…]

Specify the method for calculating the impact on revenue.

[…]

[1] Adopted on 27 September 2010 by the Agriculture and Fisheries Council

[2] OJ C …

[3] OJ L 75, 18.3.2008, p. 49.

[4] OJ C …

[5] OJ: document references

[6] The date of entry into force of the Protocol will be published in the Official Journal of the European Union by the General Secretariat of the Council.

[7] ABM: Activity Based Management – ABB: Activity Based Budgeting.

[8] As referred to in Article 49(6)(a) or (b) of the Financial Regulation.

[9] NB: p.m.: In the activity statements drawn up for the 2010 budget, this is specific objective No 2; see ref. http://www.cc.cec/budg/bud/proc/adopt/_doc/_pdf/2010/apb2010-working-documents-part1-11-mare.pdf

[10] Details of management modes and references to the Financial Regulation may be found on the BudgWeb site: http://www.cc.cec/budg/man/budgmanag/budgmanag_en.html

[11] As referred to in Article 185 of the Financial Regulation.

[12] DA= Differentiated appropriations / NDA= Non-differentiated appropriations.

[13] EFTA: European Free Trade Association.

[14] Candidate countries and, where applicable, potential candidate countries from the Western Balkans.

[15] Year N is the year in which implementation of the proposal/initiative starts.

[16] As the payment cannot be made before approval by the European Parliament, it is possible that it may not be made until 2012.

[17] Technical and/or administrative assistance and expenditure in support of the implementation of EU programmes and/or actions (former ‘BA’ lines), indirect research, direct research.

[18] The financial contribution comprises: a) EUR 4 550 000 for access rights to the fishing zones of Guinea-Bissau, and b) support amounting to EUR 2 950 000 for the development of the sectoral fisheries policy of the Republic of Guinea-Bissau.

[19] Administrative expenses are spread over two budget years, given that the protocol covers the period June 2011-June 2012. Human resources expenditure is calculated on a pro rata basis for each year.

[20] Estimated costs for on-the-spot monitoring missions.

[21] Year N is the year in which implementation of the proposal/initiative starts.

[22] Outputs are products and services to be supplied (e.g.: number of student exchanges financed, number of km of roads built, etc.).

[23] As described in Section 1.4.2. ‘Specific objective(s)’.

[24] Year N is the year in which implementation of the proposal/initiative starts.

[25] Technical and/or administrative assistance and expenditure in support of the implementation of EU programmes and/or actions (former ‘BA’ lines), indirect research, direct research.

[26] CA= Contract Agent; INT= agency staff (‘Intérimaire’); JED= ‘Jeune Expert en Délégation’ (Young Experts in Delegations); LA= Local Agent; SNE= Seconded National Expert.

[27] Sub-ceiling for external staff under operational appropriations (former ‘BA’ lines).

[28] For Structural Funds, European Agricultural Fund for Rural Development (EAFRD) and European Fisheries Fund (EFF).

[29] See points 19 and 24 of the Interinstitutional Agreement.

[30] As regards traditional own resources (customs duties, sugar levies), the amounts indicated must be net amounts, i.e. gross amounts after deduction of 25% for collection costs.