title: 2011/885/EU: Council Decision of 14 November 2011 on the signing, on behalf of the European Union, and the provisional application 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#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

text:
               28.12.2011

               EN

               Official Journal of the European Union

               L 344/1

         COUNCIL DECISION
   of 14 November 2011
   on the signing, on behalf of the European Union, and the provisional application 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
   (2011/885/EU)
   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 (1) (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.

      Done at Brussels, 14 November 2011.

            For the Council

            The President

         M. SAWICKI

      (1)  OJ L 75, 18.3.2008, p. 49.

      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 1 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 2
      Financial 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 points (a) and (b) of Article 1(1) of this Protocol by EU vessels improves, the Union will 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 3 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 Union 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 Union 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 3
      Specific 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 Union mentioned in Article 2(6) of this Protocol shall be put towards, in particular, 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)

                  all of the 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)

                  all of the 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 this Protocol. 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 6
      New 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 6 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 7
      Suspension and review of the payment of the financial contribution in 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:

                  (a)

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

                  (b)

                  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 2 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 EU 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 8
      Contribution of the 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), that is, 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 9
      Methods 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);

                  (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 4 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 shall reserve 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 10
      Economic integration of EU operators in 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 temporary 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.   ‘Temporary 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 temporary 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 temporary joint ventures under the Protocol in force for the fishing categories referred to in points (a) and (b) of Article 1(1) 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 temporary 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 temporary joint ventures within the framework of this Protocol.
      Article 11
      Disputes – 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 3 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 12
      Suspension 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 13
      Suspension 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 European 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 point (a), 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 14
      Entry 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 1 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 9 months at most, that is, no later than 15 March 2012.

         Съставено в Брюксел на двадесети декември две хиляди и единадесета година.
         Hecho en Bruselas, el veinte de diciembre de dos mil once.
         V Bruselu dne dvacátého prosince dva tisíce jedenáct.
         Udfærdiget i Bruxelles den tyvende december to tusind og elleve.
         Geschehen zu Brüssel am zwanzigsten Dezember zweitausendelf.
         Kahe tuhande üheteistkümnenda aasta detsembrikuu kahekümnendal päeval Brüsselis.
         Έγινε στις Βρυξέλλες, στις είκοσι Δεκεμβρίου δύο χιλιάδες έντεκα.
         Done at Brussels on the twentieth day of December in the year two thousand and eleven.
         Fait à Bruxelles, le vingt décembre deux mille onze.
         Fatto a Bruxelles, addì venti dicembre duemilaundici.
         Briselē, divi tūkstoši vienpadsmitā gada divdesmitajā decembrī.
         Priimta du tūkstančiai vienuoliktų metų gruodžio dvidešimtą dieną Briuselyje.
         Kelt Brüsszelben, a kétezer-tizenegyedik év december havának huszadik napján.
         Magħmul fi Brussell, fl-għoxrin jum ta’ Diċembru tas-sena elfejn u ħdax.
         Gedaan te Brussel, de twintigste december tweeduizend elf.
         Sporządzono w Brukseli dnia dwudziestego grudnia roku dwa tysiące jedenastego.
         Feito em Bruxelas, em vinte de Dezembro de dois mil e onze.
         Întocmit la Bruxelles la douăzeci decembrie două mii unsprezece.
         V Bruseli dňa dvadsiateho decembra dvetisícjedenásť.
         V Bruslju, dne dvajsetega decembra leta dva tisoč enajst.
         Tehty Brysselissä kahdentenakymmenentenä päivänä joulukuuta vuonna kaksituhattayksitoista.
         Som skedde i Bryssel den tjugonde december tjugohundraelva.

            За Европейския съюз
            Por la Unión Europea
            Za Evropskou unii
            For Den Europæiske Union
            Für die Europäische Union
            Euroopa Liidu nimel
            Για την Ευρωπαϊκή Ένωση
            For the European Union
            Pour l'Union européenne
            Per l'Unione europea
            Eiropas Savienības vārdā –
            Europos Sąjungos vardu
            Az Európai Unió részéről
            Għall-Unjoni Ewropea
            Voor de Europese Unie
            W imieniu Unii Europejskiej
            Pela União Europeia
            Pentru Uniunea Europeană
            Za Európsku úniu
            Za Evropsko unijo
            Euroopan unionin puolesta
            För Europeiska unionen

            За Република Гвинея Бисау
            Por la República de Guinea-Bissau
            Za Republiku Guinea-Bissau
            For Republikken Guinea-Bissau
            Für die Republik Guinea-Bissau
            Guinea-Bissau Vabariigi nimel
            Για την Δημοκρατία της Γουινέας-Μπισσάου
            For the Republic of Guinea-Bissau
            Pour la République de Guinée-Bissau
            Per la Repubblica di Guinea-Bissau
            Gvinejas-Bisavas Republikas vārdā –
            Bisau Gvinėjos Respublikos vardu
            A Bissau-guineai Köztársaság részéről
            Għar-Repubblika tal-Ginea Bissaw
            Voor de Republiek Guinee-Bissau
            W imieniu Republiki Gwinei Bissau
            Pela República da Guiné-Bissau
            Pentru Republica Guineea-Bissau
            Za Guinejsko-bissauskú republiku
            Za Republiko Gvinejo Bissau
            Guinea-Bissaun tasavallan puolesta
            För Republiken Guinea-Bissau

         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 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.
         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 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

         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 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.
         2.   Licences shall be valid for a period of 1 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 Investigação Marítima (IPIMAR) via the Delegation of the European Union.
         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.
         8.   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

         1.   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:

                     —

                     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.

               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 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.
         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 1 year, 6 months or 3 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 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

         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 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.

               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 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.

                     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 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.
         6.   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

         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 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.
         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 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.
         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 12 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 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.   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 1 week, to the Delegation of the European Union 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 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

         1.   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.
         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 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.
         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 paragraph 9.3 above 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 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.
         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 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.

            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

               Appendix 2

               Appendix 3

                  TUNA VESSELS FISHING LOGBOOK

         ANNEX II
         DATASHEET No 1 – FISHING CATEGORY 1:   FREEZER, FIN-FISH AND CEPHALOPOD 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

                     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

                     229 EUR 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 the vessels shall be as laid down in the Annex to the Protocol.

         DATASHEET No 2 – FISHING CATEGORY 2:   SHRIMP TRAWLERS

                                 1.

                                 Fishing zone

               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

                     307 EUR 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 the 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

                     25 EUR per tonne

                     Annual flat-rate fee:

                     500 EUR per 20 tonnes

                     Number of vessels authorised to fish

                     14

               5.   Comments

                     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
         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

                     35 EUR per tonne

                     Annual flat-rate fee:

                     3 150 EUR per 90 tonnes

                     Number of vessels authorised to fish

                     23

               6.   Comments

                     The conditions governing fishing activity by the 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