Council Decision 2011/885/EU

law://eu/dec/2011/885@2026-11-12

Contents

THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty on the Functioning of the European Union, and in particular Article 43 in conjunction with Article 218(5) thereof,Having regard to the proposal from the European Commission,Whereas:

(1)On 17 March 2008 the Council adopted Regulation (EC) No 241/2008 on the conclusion of the Fisheries Partnership Agreement between the European Community and the Republic of Guinea-Bissau^note (hereinafter ‘the Partnership Agreement’).

(2)The Protocol determining the fishing opportunities and the financial contribution provided by that Partnership Agreement expired on 15 June 2011.

(3)The Union has negotiated with the Republic of Guinea-Bissau (hereinafter ‘Guinea-Bissau’) a new Protocol granting EU vessels fishing opportunities in the waters over which Guinea-Bissau exercises sovereignty or jurisdiction in fishing matters (hereinafter ‘the Protocol’).

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

(5)To ensure EU vessels can continue their fishing activities, Article 14 of the Protocol provides for it to apply on a provisional basis as from 16 June 2011.

(6)The Protocol should be signed and applied on a provisional basis, pending the completion of the procedures for its conclusion,

HAS ADOPTED THIS DECISION:

Article 1 #

The signing 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 in force between the two parties (hereinafter ‘the Protocol’) is hereby authorised on behalf of the Union, subject to its conclusion.The text of the Protocol is attached to this Decision.

Article 2 #

The President of the Council is hereby authorised to designate the person or persons empowered to sign the Protocol on behalf of the Union.

Article 3 #

The Protocol shall apply on a provisional basis from 16 June 2011, pending the completion of the procedures for its conclusion

Article 4 #

This Decision shall enter into force on the day of its adoption.

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

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

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.

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.

The relevant EU authorities shall present to the Ministry, via the Delegation of the European Union 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.

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.

—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.

All licence applications shall be accompanied by the following documents:

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

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

Licences for all vessels shall be issued to vessel owners or their representatives via the Delegation of the European Union to Guinea-Bissau within 20 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 Union are closed, it shall be sent direct to the vessel’s agent and a copy shall be sent to the Delegation of the European Union.

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 Union.

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 Union to Guinea-Bissau shall be informed of the licence transfer.

15.

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

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

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 European 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 Union to Guinea-Bissau. A certified copy of this list shall then be sent by the Delegation of the European Union 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.

Licences shall be valid for a period of 1 year.

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.

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

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 Investigação Marítima (IPIMAR) via the Delegation of the European Union.

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

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.

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

SECTION 3 — Special provisions for trawlers

—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 paragraph 3.2 of Chapter VIII.

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

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 Union in Bissau, accompanied only by the proof of payment of the fee for the periods in question and of the amount provided for in paragraph 13 of Chapter VII. The Ministry shall authorise the new licence, entering details of the first licence application submitted under the Protocol in force.

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

—first periodfrom 16 June 2011 to 31 December 2011,—second periodfrom 1 January 2012 to 15 June 2012.

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

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.

Licences shall be valid for 1 year, 6 months or 3 months. They shall be renewable.

Licences must be kept on board at all times.

Chapter II — fishing zones

EU vessels as referred to in Article 1 of this 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

—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.

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

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 Union 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 paragraph 3 of Section 3 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 Union 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.

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:

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

1.Each trawler owner shall undertake to employ:

—three seamen-fishermen on vessels of less than 250 GRT;

—four seamen-fishermen on vessels of 250 to 400 GRT;

—five seamen-fishermen on vessels of 400 to 650 GRT;

—six seamen-fishermen on vessels of more than 650 GRT.

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.

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.

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:

Chapter VI — technical measures

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.

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

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.

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.

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 paragraph 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.

Where application of paragraphs4 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

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 3 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.

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.

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

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.

Within 2 weeks and giving 10 days’ notice, the vessel owners concerned shall make known at which ports and on what dates they intend to take observers on board.

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.

If the observer is not present at the time and place agreed or within the 12 hours following the time agreed, vessel owners shall be automatically absolved of their obligation to take the observer on board.

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.

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

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

11.1.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 1 week, to the Delegation of the European Union in Bissau.

11.

While on board, observers shall:

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 observers are 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

In accordance with paragraph 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.

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 paragraph 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 must 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 1 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 paragraphs 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 with respect 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 settlement 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.

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

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

9.5.

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

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 of the European Union.

11. Transhipment

11.1.

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

—the names of the transhipping fishing vessels,

—the names of the cargo vessels,

—the tonnage by species to be transhipped,

—the day of transhipment.

11.2.

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

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 the Guinea-Bissau law in force.

12.

Masters of EU 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.

Annex II

DATASHEET No 1 – FISHING CATEGORY 1:FREEZER, FIN-FISH AND CEPHALOPOD TRAWLERS
Beyond 12 nautical miles from the base line, including the Guinea-Bissau/Senegal joint management area, extending north to the azimuth 268°.
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.
70 mm
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.
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.
Authorised tonnage (GRT) per year	4400
Fees in EUR per GRT per year	229 EUR per GRT per yearIn 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.
The conditions governing fishing activity by the vessels shall be as laid down in the Annex to the Protocol.

DATASHEET No 2 – FISHING CATEGORY 2:SHRIMP TRAWLERS
1.Fishing zone
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.
40 mmGuinea-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.
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.
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.
Authorised tonnage (GRT) per year	4400
Fees in EUR per GRT per year	307 EUR per GRT per yearIn 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.
The conditions governing fishing activity by the vessels shall be as laid down in the Annex to the Protocol.

DATASHEET No 3 – FISHING CATEGORY 3:POLE-AND-LINE TUNA VESSELS
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.
Poles and lines.Purse seines with live bait: 16 mmVessels 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.
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.
Fee per tonne caught	25 EUR per tonne
Annual flat-rate fee:	500 EUR per 20 tonnes
Number of vessels authorised to fish	14
The conditions governing fishing activity by the vessels shall be as laid down in the Annex to the Protocol.

DATASHEET No 4 – FISHING CATEGORY 4:FREEZER TUNA SEINERS AND LONGLINERS
Beyond 12 nautical miles from the base line, including the Guinea-Bissau/Senegal joint management area, extending north to the azimuth 268°.
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.
Recommended ICCAT standard.
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.
Fee per tonne caught	35 EUR per tonne
Annual flat-rate fee:	3150 EUR per 90 tonnes
Number of vessels authorised to fish	23
The conditions governing fishing activity by the vessels shall be as laid down in the Annex to the Protocol.

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
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 implementedCompetent authority in placeCentro de Investigação Pesqueira Apliquada (CIPA) brought up to standards (ISO 9000)Laboratory provided to carry out microbiological and chemical analysesShrimp monitoring and analysis plan (PNVAR 2008) adopted and incorporated into lawNumber of health inspectors trainedNumber of health workers and fisheries ministry staff trained in hygiene standardsApproval 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 standardsNumber of wooden canoes replaced with canoes made of more suitable materials (in absolute terms and as a percentage)Number of canoes equipped with iceboxesIncreased number of unloading pointsSmall-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 portPort fish market for unloading catches from small-scale and industrial fishing developed and restored to standardsPort 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 operationalActors made aware of health and hygiene rules (number of training courses organised and number of people trained)Analytical laboratory operationalNumber of sites developed for non-industrial landing and processingPromoting technical and commercial partnerships with private operators overseasEco-labelling system launched for Guinea-Bissau products
Improved legal framework	Agreement adopted between the ministry of fisheries and of defence on surveillance and controlNational 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 actNumber of days of surveillance at sea: 250 days/year at the end of the period covered by the ProtocolNumber of inspections in port and at seaNumber of aerial inspectionsNumber of statistical bulletins publishedRadar coverage rateRate of VMS coverage of the fleet as a wholeTraining 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 finesRules on payment of fines improved and ban introduced on payment of fines other than financialImprovement of system for collection of finesPublication of annual statistics on fines collectedSetting up a blacklist of vessels penalisedDrawing up of and annual publication of statistics on finesFISCAP annual report published
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 charteringDefinitive 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 outNumber of stocks evaluatedNumber of research programmesNumber 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 planInstrument 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 concernedAdoption and implementation of development plan for over-exploited resourcesVessel register kept in EEZ, including small-scale fishingNumber 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 strengthenedTraining 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 strengthenedSystem 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 techniciansNumber of technicians trainedNetworking of services and statistics

Appendices

1Application form for a fishing licence2Statistics on catch and fishing effort3Tuna vessels fishing logbook

Appendix 1

Application form for a fishing licence

For official use onlyRemarksNationality: …Licence number: …Date of signing: …Date of issue: …APPLICANTName 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: …VESSELType 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: …

CONSERVATIONIce:Ice and refrigeration:Freezing: in brine:dry:in refrigerated sea water:Total refrigeration power: …Freezing capacity in tonnes/24 hours: …Hold capacity: …TYPE OF FISHINGA. DemersalInshore 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 potsSurface:Bottom:Length of line: …Number of hooks: …Number of lines: …Number of pots: …SHORE INSTALLATIONSAddress 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: …NB: Indicate affirmative answers by a tick in the appropriate boxTechnical remarksAuthorisation of the State ministry

Appendix 2

FISHERIES MINISTRYSTATISTICS ON CATCH AND EFFORTMonth:Year:Name of vessel:Engine power:Fishing method:Nationality:Gross tonnage (t):Port of landing:DateFishing zoneNumber of haulsNumber of hours fishingSpecies of fishLongitudeLatitudeTotals1/2/3/4/5/6/7/8/9/10/11/12/13/14/15/

DateFishing zoneNumber of haulsNumber of hours fishingSpecies of fishLongitudeLatitudeTotals16/17/18/19/20/21/22/23/24/25/26/27/28/29/30/TOTAL

Appendix 3

Tuna vessels fishing logbook

Fishing methodLonglinePurse seineTrawlOtherName of vessel: …Gross tonnage: …Vessel departed:Vessel returned:MonthDayYearPortFlag country: …Capacity (MT): …Registration No: …Master: …Vessel owner: …No of crew: …Address: …Reporting date: …Reported by: …No of days at sea:No of fishing days:No of sets made:Trip number:DateSectorSurface water temp (°C)Fishing effortNo of hooks usedCatchesBait usedDay/MonthSet NoLatitude N/SLongitude E/WBluefin tunaThunnus maccoyiiYellowfin tunaThunnus albacaresBigeye tunaThunnus obesusAlbacoreThunnus alalungaSwordfishXiphias gladiusStrip marlinTetraptunus audaxBlack marlinMakaira indicaSailfishIstiophorus spp.(Skipjack)Katsuwonus pelamisMiscellaneous fishDaily totalSaurySquidLive baitOtherNokgNokgNokgNokgNokgNokgNokgNokgNokgNokgNokgLanding weight (in kg)

Connections

History · 1 version

Key facts