Council Regulation (EEC) No 707/83 of 28 March 1983 on the conclusion of the Agreement between the European Economic Community and the Government of the Republic of Guinea Bissau on fishing off the coast of Guinea Bissau
THE COUNCIL OF THE EUROPEAN COMMUNITIES
Having regard to the Treaty establishing the European Economic Community, and in particular Article 43 thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament,
Whereas negotiations have taken place between the Community and Guinea Bissau, in accordance with the second paragraph of Article 17 of the Agreement between the Government of the Republic of Guinea Bissau and the European Economic Community on fishing off the coast of Guinea Bissau, to deter nine the amendments or additions to be made to the Annex thereto or to the Protocol referred to in Article 9 thereof;
Whereas, as a result of these negotiations, an amending Agreement was signed on 15 March 1983;
Whereas it is in the Community's interest to approve that Agreement,
HAS ADOPTED THIS REGULATION:
Article 1
The Agreement amending the Agreement between the European Economic Community and the Government of the Republic of Guinea Bissau on fishing off the coast of Guinea Bissau is hereby approved on behalf of the Community.
The text of the Agreement is attached to this Regulation.
Article 2
The President of the Council shall give the notification provided for in Article 2 of the Agreement.
Article 3
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.
1 OJ No C 36, 9. 2. 1983, p. 10.
2 Opinion delivered on 11 March 1983 (not yet published in the Official Journal).
3 OJ No L 226, 29. 8. 1980, p. 34.
AGREEMENT amending the Agreement b etween the European Economic Community and the Government of the Republic of Guinea Bissau on fishing off the coast of Guinea Bissau
Article 1
1 The Protocol and Annex to the Agreement between the European Economic Community and the Republic of Guinea Bissau on fishing off the coast of Guinea Bissrau:
2 The following paragraph 3 shall be inserted in the Agreement in the form of an exchange of letters between the European Economic Community and the Government of the Republic of Guinea Bissau on fishing off the coast of Guinea Bissau:3. Eight Guinea Bissau seamen shall be taken on board the wet tuna vessel fleet during the tuna fishing season in Guinea Bissau waters under conditions to be determined within the Joint Committee.
Article 2
This Agreement shall enter into force on the date on which the Parties notify each other of the completion of the procedures necessary for this purpose.
PROTOCOL between the European Economic Community and the Government of the Republic of Guinea Bissau
THE PARTIES TO THIS PROTOCOL,
HAVE AGREED AS FOLLOWS:
Article 1
This Protocol shall cover fishing activities extending over a period of three years from the date of its entry into force in 1983.
The limits referred to in Article 4 shall be as follows for each year of application of this period;
1 Bottom trawlers:
2 25 freezer tuna vessels (900 GRT on average).
3 25 wet pole-and-line tuna vessels (130 GRT on average).
Article 2
1 The compensation referred to in Article 9 of the Agreement shall be, for the period referred to in Article 1, 4275000 ECU, namely 1425000 ECU for each year of application of this Protocol.
2 This compensation shall also cover the sums due for the interim arrangement periods agreed since 1 March 1982.
Article 3
1 The use to which the compensation provided for in Article 2 is put shall be the sole responsibility of the Government of Guinea Bissau.
2 The Government of Guinea Bissau shall inform the Community of the programme for the use of the compensation.
Article 4
1 The compensation shall be mobilized in three equal annual instalments.
2 The compensation money shall be paid into an account opened with a financial institution chosen by the Government of Guinea Bissau.
Article 5
The Community shall also, for the period referred to in Article 1, contribute a maximum of 250000 ECU towards the financing of a Guinea Bissau scientific programme to improve information on the fishery resources within the fishing zone of the Republic of Guinea Bissau
Article 6
Should the Community fail to make the payments provided for in this Protocol, the Agreement on fishing shall be suspended.
Article 7
This Protocol shall enter into force on the date on which the Parties notify each other of the completion of the procedures necessary for this purpose.
ANNEX
A. Licence application and issuing formalities
The procedure for applications for, and issue of, the annual licences enabling vessels flying the lags of Member States of the Community to fish in Guinea Bissau's fishing zone shall be as follows:
The relevant Community authorities shall present to the Office of the Secretary of State for Fisheries of the Republic of Guinea Bissau, via the Delegation of the Commission of the European Communities in Guinea Bissau, an application for each vessel that wishes to fish under this Agreement, at least 30 days before the date of commencement of the period of validity requested.
The applications shall be made on the forms provided for that purpose by the Government or the Republic of Guinea Bissau. A specimen is given under A1 below.
1. Provisions applicable to trawlers
a Applications shall be accompanied by proof of a banker's guarantee covering an amount equal to the fee due for each licence, which shall be forfeited to the Guinea Bissau authorities if the licence is not used.
b By derogation from Article 4 (3) of the Agreement, licences may be issued as follows:
c (I) The fees for the tonnage referred to in (b) (I) shall be set at 120 ECU/GRT per year. (II) The fees for the tonnage referred to in (b) (II) shall be set at 100 ECU/GRT per year.
d As from a date to be determined and on the basis of conditions to be determined within the Joint Committee the payment of fees may be replaced wholly or in part by the supply of fish.
2. Provisions applicable to tuna boats
a The fees shall be set at 20 ECU per tonne fished within Guinea Bissau's fishing zone.
b Applications for licences for each of the categories of tuna boats shall be forwarded following payment of an overall lump sum equivalent to the fees for:
The relevant authorities of Guinea Bissau shall examine each application to see that it complies with the Agreement, and with the legislation of Guinea Bissau, and shall apply the scale of fees to be paid.
The relevant authorities of Guinea Bissau shall inform the Community authorities of their decisions.
Should there be any difficulties or additional information needed when applications are examined and licences issued, consultations shall be held between the representatives of the Contracting Parties, in particular through the Office of the Secretary of State for Fisheries and the Delegation of the Commission of the European Communities in Guinea Bissau.
B. Statement of catch
1. All vessels authorized to fish in Guinea Bissau's waters under the Agreement shall be obliged to forward to the Office of the Secretary of State for Fisheries a statement of their catch made out according to the specimen given under B.1 below. Such statement of catch must be drawn up for each month and presented at least once every quarter. Should this provision not be adhered to, the Government of Guinea Bissau reserves the right to suspend the licence of the offending vessel until the formality has been complied with.
2. Any Community vessel fishing in Guinea Bissau's fishing zone shall allow on board, and assist in the accomplishment of his duties, any official of Guinea Bissau responsible for inspecting and monitoring compliance with the provisions of the Agreement.
C. Training grants
The two Parties agree that an essential condition for the success of their cooperation is that the competence and know-how of persons engaged in sea fishing should be improved. To this end, the Community shall make it easier for nationals of Guinea Bissau to find places in establishments in its Member States and shall provide for that purpose, in the various scientific, technical and economic subjects connected with fisheries, 10 study and training grants for three-year periods or the equivalent for one-year periods.
REPUBLIC OF GUINEA BISSAU
A1
OFFICE OF THE SECRETARY OF STATE FOR FISHERIES
APPLICATION FOR A FISHING LICENCE (1)
1. Valid from: ... to: ...
2. Name of vessel: ...
3. Name of shipowner: ...
4. Port and registration number: ...
5. Type of fishing: ...
6. Authorized mesh size: ...
7. Length of vessel: ...
8. Width of vessel: ...
9. Gross registered tonnage: ...
10. Hold capacity: ...
11. Engine rating: ...
12. Type of construction: ...
13. Usual number of seamen aboard: ...
14. Radio/electrical equipment: ...
15. Master's name: ...
The above information is the sole responsibility of the shipowner or his representative.
Date of application: ...
OFFICE OF THE SECRETARY OF STATE FOR FISHERIES
STATISTICS ON CATCH AND ACTIVITY
Month:
Year:
B1 page 1
Name of vessel:
Nationality (flag):
Engine rating:
Gross registered tonnage:
Fishing method:
Port of landing:
Date
Fishing zone
Number of fishing operations
Number of fishing hours
Species of fish
Longitude
Latitude
Other
Totals
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B1 page 2
INSTRUCTIONS FOR FILLING IN THE LOG-BOOK
Each ship's master shall be responsible for the information supplied every month to the Office of the Secretary of State for Fisheries. He shall fill in this log-book in a spirit of frank cooperation.
The following information is requested:
1. Month:
Year:
2. Name of vessel:
Nationality (flag):
3. Engine rating in HP:
Gross registered tonnage (GRT):
4. Fishing method (gear):
Port of landing:
The statistical table of catches and fishing activity is divided into two parts.
The first part shows the daily fishing activity (each horizontal line corresponds to a day's activity). The first page should be used for the first half of the month and the second page for the latter half.
The master should indicate the fishing zone by noting the latitude and longitude. He should note the number of times the net is thrown per day. He should give the total number of fishing hours for each day.
The second part of the log is for information on catches, in kilograms or in tonnes. It should be clearly stated whether the figure is in kilograms or tonnes. There are seven columns, one for each species. Only the six most important species fished should be entered in the log. The column before the total (headed other) should be reserved for the sum of all other species fished.
The monthly logs, once filled in, should be sent every month to the Office of the Secretary of State for Fisheries for those vessels landing their catches in Bissau. For other vessels, the monthly logs should be sent, duly filled in, to the Office of the Secretary of State for Fisheries every three months.