SUSTAINABLE FISHERIES PARTNERSHIP AGREEMENT BETWEEN THE EUROPEAN UNION AND THE REPUBLIC OF THE GAMBIA

THE EUROPEAN UNION,

hereinafter referred to as ‘the Union’, and

THE REPUBLIC OF THE GAMBIA,

hereinafter referred to as ‘The Gambia’,

both hereinafter referred to as ‘the Parties’,

CONSIDERING the close working relationship between the Union and The Gambia, particularly in the context of the Partnership Agreement between the members of the African, Caribbean and Pacific Group of States of the one part, and the European Community and its Member States, of the other part, signed in Cotonou on 23 June 2000 (hereinafter referred to as ‘the Cotonou Agreement’), and their mutual desire to intensify that relationship,

HAVING REGARD TO the United Nations Convention on the Law of the Sea of 10 December 1982 (UNCLOS) and the Agreement on the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks of 1995,

DETERMINED to apply the decisions and recommendations taken by the International Commission for the Conservation of Atlantic Tunas (ICCAT) and other relevant regional fisheries organisations,

AWARE of the importance of the principles laid down by the Code of Conduct for Responsible Fisheries adopted at the Food and Agriculture Organization (FAO) Conference in 1995,

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

CONVINCED that such cooperation should be based on initiatives and measures which, whether taken jointly or individually, are complementary and consistent with policy and ensure synergy of efforts,

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

DESIROUS of establishing terms and conditions governing the fishing activities of Union vessels in Gambian waters and Union support for developing sustainable fishing in that zone,

DESIROUS of establishing an agreement of mutual benefit to the Union and The Gambia,

DETERMINED to pursue closer economic cooperation in the fishing industry and related activities between the Parties,

HAVE AGREED AS FOLLOWS:

Article 1

Definitions

For the purposes of this Agreement, the following definitions shall apply:

(a) ‘the Gambian authorities’ means the ministry in charge of fisheries in the Republic of The Gambia;

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

(c) ‘this Agreement’ means this Sustainable Fisheries Partnership Agreement between the European Union and the Republic of The Gambia,

(d) ‘the Protocol’ means the Protocol on the implementation of the Sustainable Fisheries Partnership Agreement between the European Union and the Republic of The Gambia, the Annex to the Protocol and the Appendices to that Annex;

(e) ‘fishing activity’ means: searching for fish; shooting, setting, towing and hauling of a fishing gear; taking catch on board; processing on board, transferring, caging, fattening and landing of fish and fishery products;

(f) ‘fishing vessel’ means any vessel equipped for commercial exploitation of marine biological resources;

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

(h) ‘support vessel’ means any Union vessel providing assistance to fishing vessels which is not equipped for catching fish or used for transhipment operations;

(i) ‘the Gambian fishing zone’ means the part of the waters under the sovereignty or jurisdiction of The Gambia where The Gambia authorises Union vessels to engage in fishing activities;

(j) ‘sustainable fishing’ means fishing in accordance with the objectives and principles laid down by the Code of Conduct for Responsible Fisheries adopted at the FAO Conference in 1995.

Article 2

Scope

This Agreement establishes the principles, rules and procedures governing:

(a) the conditions under which Union vessels may engage in fishing activities in the Gambian fishing zone;

(b) economic, financial, technical and scientific cooperation in the fisheries sector with a view to promoting sustainable fishing in the Gambian fishing zone and the development of the Gambian fisheries and maritime sectors;

(c) cooperation on management, control and surveillance measures in the Gambian fishing zone with a view to ensuring that the above rules and conditions are complied with and that the measures for the conservation of fish stocks and management of fishing activities, in particular those concerning the fight against illegal, unreported and unregulated (IUU) fishing, are effective;

(d) partnerships between operators aimed at developing economic activities in the fisheries sector and related activities, in the common interest.

Article 3

Principles and objectives for the implementation of this Agreement

1. The Parties undertake to promote sustainable fisheries in the Gambian fishing zone on the basis of the principle of non-discrimination between the different vessels present in that zone.

2. The Gambian authorities undertake not to give more favourable conditions than those accorded under this Agreement to other foreign vessels operating in the Gambian fishing zone which have the same characteristics and target the same species as those covered by this Agreement and the Protocol. These conditions refer to the conservation, development and management of resources, financial arrangements, fees and rights relating to the issuing of fishing authorisations. The Gambian authorities undertake to grant an appropriate share of the surplus of marine biological resources for the Union vessels, where relevant.

3. In the interest of transparency, The Gambia undertakes to make public and exchange information relating to any agreement authorising foreign vessels in its fishing zone and the resulting fishing effort, in particular the number of fishing authorisations issued and the catches reported.

4. The Parties agree that Union vessels shall fish only the surplus of the allowable catch referred to in Article 62(2) and (3) of UNCLOS and established in a clear and transparent manner on the basis of available and relevant scientific advice and relevant information exchanged between the Parties concerning the total fishing effort on the relevant stocks by all vessels operating in the fishing area.

5. With respect to straddling or highly migratory fish stocks, the Parties shall comply with regional scientific assessments and conservation and management measures adopted by relevant regional fisheries management organisations.

6. The Parties undertake to ensure that this Agreement is implemented in accordance with Article 9 of the Cotonou Agreement concerning the essential elements of respect for human rights, democratic principles and the rule of law, and the fundamental element of good governance.

7. The Parties shall cooperate with a view to implementing a sectoral fisheries policy adopted by the Government of The Gambia and shall initiate a policy dialogue on the necessary reforms.

8. The Declaration of the International Labour Organization (ILO) on fundamental principles and rights at work shall be fully applicable to African, Caribbean and Pacific (ACP) seamen signed on to Union vessels, in particular as regards the freedom of association and collective bargaining of workers and the elimination of discrimination in respect of employment and occupation.

9. The Parties shall consult one another prior to adopting any decision that may affect the activities of Union vessels under this Agreement.

Article 4

Access to the Gambian fishing zone

The Gambian authorities undertake to authorise Union vessels to engage in fishing activities in the Gambian fishing zone in accordance with this Agreement and applicable laws of The Gambia.

Article 5

Conditions for carrying out fishing activities and exclusivity clause

1. Union vessels may engage in fishing activities in the Gambian fishing zone only if they hold a fishing authorisation (defined as ‘licence’ as per Gambian legislation) issued under this Agreement. All fishing activities not covered by this Agreement are forbidden.

2. The Gambian authorities shall issue fishing authorisations to Union vessels only under this Agreement. The issue of any fishing authorisation to Union vessels not covered by this Agreement, in particular in the form of a direct authorisation, is forbidden.

3. The procedure for obtaining a fishing authorisation for a Union vessel, the fees applicable and the method of payment to be used by the vessel owner shall be defined in the Protocol.

4. The Parties shall ensure the proper application of these conditions and arrangements through appropriate administrative cooperation between their competent authorities.

Article 6

Applicable law

1. The fishing activities of Union vessels operating in the Gambian fishing zone shall be subject to the applicable laws and regulations of The Gambia, unless otherwise provided in this Agreement or the Protocol. The Gambia shall provide the Union authorities with the applicable laws and regulations.

2. The Gambia shall take the appropriate steps required for the effective application of the fisheries monitoring, control and surveillance provisions in this Agreement. Union vessels shall cooperate with the Gambian authorities responsible for carrying out such monitoring, control and surveillance.

3. The Gambian authorities shall notify to the Union authorities any changes to existing legislation or new legislation with a potential impact on the activities of Union vessels. Such legislation shall be enforceable with respect to Union vessels from the 60th day following the day on which the notification is received by the Union authorities from The Gambia.

4. The Union shall take the appropriate steps required to ensure that its vessels comply with this Agreement and the legislation governing fisheries in the Gambian fishing zone.

5. The Union authorities shall notify without delay to the Gambian authorities any changes to Union law with a potential impact on the activities of Union vessels under this Agreement.

Article 7

Financial contribution

1. The Union shall grant The Gambia a financial contribution under this Agreement in order to:

(a) support part of the access costs of Union vessels to the Gambian fishing zone and fisheries resources, without prejudice to the access costs borne by the vessel owners;

(b) reinforce The Gambia's capacity to develop a sustainable fisheries policy through sectoral support.

2. The financial contribution for sectoral support shall be dissociated from the payments regarding access costs and shall be determined and conditioned by the achievements of the objectives of The Gambia's sectoral support in accordance with the Protocol and the annual and multiannual programming for its implementation.

3. The financial contribution granted by the Union shall be paid each year in accordance with the Protocol.

The amount of the contribution referred to in point (a) of paragraph 1 may be revised by the Joint Committee in respect of:

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

(b) an increase in the fishing opportunities granted to Union vessels, where the best available scientific advice concurs that the state of resources so permits.

The amount of the contribution referred to in point (b) of paragraph 1 may be revised as a result of a reassessment of the terms of the financial contribution for implementing the sectoral fisheries policy of The Gambia, where this is warranted by the specific results of the annual and multiannual programming observed by both Parties.

The contribution may be suspended as a result of:

(a) the application of Article 15 of this Agreement;

(b) the application of Article 16 of this Agreement.

Article 8

Promoting cooperation among economic operators and civil society

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

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

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

4. The parties shall cooperate with a view to promoting the landing of catches from Union vessels operating in The Gambia.

5. The Parties shall encourage the setting-up of joint enterprises in the field of fisheries and maritime economy.

Article 9

Joint Committee

1. A Joint Committee composed of representatives of the Union and the Gambian authorities shall be set up to monitor the application of this Agreement. The Joint Committee may adopt modifications to the Protocol.

2. The Joint Committee's functions shall consist in particular of:

(a) monitoring the performance, interpretation and application of this Agreement and, in particular, the definition of the annual and multiannual programming referred to in Article 7(2) and evaluation of its implementation;

(b) providing the necessary liaison for matters of mutual interest relating to fisheries, in particular statistical analysis of data on catches;

(c) acting as a forum for the amicable settlement of any disputes regarding the interpretation or application of this Agreement.

3. The decision-making function of the Joint Committee shall consist of approving modifications to the Protocol with regard to:

(a) the review of fishing opportunities and, consequently, of the relevant financial contribution;

(b) the sectoral support procedures;

4. The Joint Committee shall exercise its functions in accordance with the objectives of this Agreement and with the relevant rules adopted by ICCAT and other regional fisheries organisations, where relevant.

5. The Joint Committee shall meet at least once a year, alternately in The Gambia and in the Union, or as otherwise agreed by common accord, and shall be chaired by the Party hosting the meeting. It shall hold a special meeting at the request of either Party. Decisions shall be taken by consensus and shall be attached to the agreed minutes of the meeting.

Article 10

Cooperation in the area of combating IUU fishing

The Parties undertake to cooperate in the fight against IUU fishing activities with a view to the implementation of responsible and sustainable fishing.

Article 11

Scientific cooperation

1. The Parties shall encourage scientific cooperation to regularly assess the status of fish stocks in The Gambia's waters in collaboration with regional and subregional scientific bodies.

2. The Parties undertake to consult one another, if necessary, in the framework of ICCAT and other relevant regional fisheries organisations to reinforce the management and conservation of marine biological resources in the Gambian fishing zone.

Article 12

Geographical area of application

This Agreement shall apply, on the one hand, to the territories in which the Treaty on European Union and the Treaty on the Functioning of the European Union apply, under the conditions laid down in those Treaties, and, on the other, to the territory of The Gambia.

Article 13

Duration and tacit renewal

This Agreement shall apply for six years from the date of the start of its provisional application. It shall be tacitly renewed, unless notice of termination is given in accordance with Article 16.

Article 14

Provisional application

This Agreement shall be provisionally applied as from the date of its signature.

Article 15

Suspension

1. Application of this Agreement may be suspended at the initiative of either Party in one or more of the following cases:

(a) where circumstances, other than natural phenomena, which are beyond the reasonable control of one of the Parties arise and are such as to prevent fishing in the Gambian fishing zone;

(a) where a dispute arises between the Parties over the interpretation or implementation of this Agreement;

(b) where one of the Parties ascertains a breach of essential and fundamental elements on human rights as laid out by Article 9 of the Cotonou Agreement and following the procedure set out in Articles 8 and 96 thereof.

2. Suspension of the application of this Agreement shall be notified by the interested Party to the other Party in writing and shall take effect three months after receipt of notification. The receipt of the notification shall open consultations between the Parties with a view to finding an amicable solution to their dispute within three months.

3. Where differences are not resolved amicably and suspension is implemented, the Parties shall continue to consult each other with a view to finding a settlement to their dispute. Once such settlement is reached, implementation of this Agreement shall resume and the amount of the financial contribution referred to in Article 7 shall, unless otherwise agreed, be reduced proportionately and

pro rata temporis

according to the period during which implementation was suspended.

Article 16

Termination

1. This Agreement may be terminated by either Party in one or more of the following cases:

(a) where circumstances, other than natural phenomena, which are beyond the reasonable control of one of the Parties arise and are such as to prevent fishing activities in the Gambian fishing zone;

(b) a degradation of the stocks concerned on the basis of best available independent and reliable scientific advice;

(d) violation of the commitments made by the Parties with regard to combating IUU fishing.

2. Termination of this Agreement shall be notified in writing by the interested Party to the other Party and shall take effect six months after receipt of notification, except if the Parties decide by common accord to extend this period. The Parties shall enter into consultations from the moment of notification of termination with a view to finding an amicable settlement to their dispute within the six-month period.

3. In the event of termination, payment of the amount of the financial contribution referred to in Article 7 for the year in which the termination takes effect shall be reduced proportionately and

pro rata temporis

Article 17

Repeal

The Agreement between the European Economic Community and the Government of the Republic of the Gambia on fishing off the Gambia, which entered into force on 2 June 1987, is hereby repealed.

Article 18

Entry into force

This Agreement shall enter into force on the date on which the Parties notify each other that they have completed the necessary procedures for that purpose.

Article 19

Languages

This Agreement shall be drawn up in duplicate in the Bulgarian, Czech, Croatian, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Irish, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish and Swedish languages, each text being equally authentic.

Съставено в Брюксел на тридесет и първи юли две хиляди и деветнадесета година.

Hecho en Bruselas, el treinta y uno de julio de dos mil diecinueve.

V Bruselu dne třicátého prvního července dva tisíce devatenáct.

Udfærdiget i Bruxelles den enogtredivte juli to tusind og nitten.

Geschehen zu Brüssel am einunddreißigsten Juli zweitausendneunzehn.

Kahe tuhande üheksateistkümnenda aasta juulikuu kolmekümne esimesel päeval Brüsselis.

Έγινε στις Βρυξέλλες, στις τριάντα μία Ιουλίου δύο χιλιάδες δεκαεννέα.

Done at Brussels on the thirty first day of July in the year two thousand and nineteen.

Fait à Bruxelles, le trente et un juillet deux mille dix-neuf.

Sastavljeno u Bruxellesu trideset prvog srpnja godine dvije tisuće devetnaeste.

Fatto a Bruxelles, addì trentuno luglio duemiladiciannove.

Briselē, divi tūkstoši deviņpadsmitā gada trīsdesmit pirmajā jūlijā.

Priimta du tūkstančiai devynioliktų metų liepos trisdešimt pirmą dieną Briuselyje.

Kelt Brüsszelben, a kétezer-tizenkilencedik év július havának harmincegyedik napján.

Magħmul fi Brussell, fil-wieħed u tletin jum ta’ Lulju fis-sena elfejn u dsatax.

Gedaan te Brussel, eenendertig juli tweeduizend negentien.

Sporządzono w Brukseli dnia trzydziestego pierwszego lipca roku dwa tysiące dziewiętnastego.

Feito em Bruxelas, em trinta e um de julho de dois mil e dezanove.

Întocmit la Bruxelles la treizeci și unu iulie două mii nouăsprezece.

V Bruseli tridsiateho prvého júla dvetisícdevätnásť.

V Bruslju, dne enaintridesetega julija leta dva tisoč devetnajst.

Tehty Brysselissä kolmantenakymmenentenäensimmäisenä päivänä heinäkuuta vuonna kaksituhattayhdeksäntoista.

Som skedde i Bryssel den trettioförsta juli år tjugohundranitton.

За Европейския съюз

Рог 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

Za Europsku uniju

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

[Bild bitte in Originalquelle ansehen]

За Република Гамбия

Por la República de Gambia

Za Gambijskou republiku

For vegne af Republikken Gambia

Für die Republik Gambia

Gambia Vabariigi nimel

Για τη Δημοκρατία της Γκάμπια

For the Republic of The Gambia

Pour la République de Gambie

Za Republiku Gambiju

Per la Repubblica della Gambia

Gambijas Republikas vārdā –

Gambijos Respublikos vardu

A Gambiai Köztársaság részéről

Għar-Repubblika tal-Gambja

Voor de Republiek Gambia

W imieniu Republiki Gambii

Pela República da Gâmbia

Pentru Republica Gambia

Za Gambijskú republiku

Za Republiko Gambijo

Gambian tasavallan puolesta

För Republiken Gambias vägnar

[Bild bitte in Originalquelle ansehen]

PROTOCOL

on the implementation of the Sustainable Fisheries Partnership Agreement between the European Union and the Republic of the Gambia

Article 1

Definitions

For the purposes of this Protocol, the definitions laid down in Article 1 of the Sustainable Fisheries Partnership Agreement between the European Union and the Republic of The Gambia (‘the Agreement’) shall apply and be supplemented by the following definitions:

(a) ‘this Protocol’ means this Protocol on the implementation of the Agreement, the Annex hereto and the Appendices to the Annex;

(b) ‘landing’ means the unloading of any quantity of fisheries products from on board a fishing vessel to land;

(d) ‘observer’ means any person authorised by a national authority, in accordance with the Annex, to observe the implementation of the rules applicable to a fishing activity, or to observe the activity for scientific purposes;

(e) ‘fishing authorisation’ means an administrative authorisation issued by the Department of Fisheries to the vessel owner against an annual or quarterly fee, entitling it to fish in the Gambian fishing zone during the period for which it was granted;

(f) ‘operator’ means a natural or legal person who operates or holds an undertaking carrying out activities related to any stage of the production, processing, marketing, distribution or retailing of fisheries and aquaculture products;

(g) ‘highly migratory species’ means species listed in Annex 1 to the 1982 United Nations Convention on the Law of the Sea, excluding species protected or prohibited by the International Commission for the Conservation of Atlantic Tunas (ICCAT);

(h) ‘force majeure’ means any sudden, unforeseeable and inevitable event which endangers or prevents the exercise of normal fishing activities in the Gambian fishing zone.

Article 2

Objective

The purpose of this Protocol is to implement the provisions of the Agreement, laying down in particular the conditions for access by Union vessels to the Gambian fishing zone defined in point (i) of Article 1 thereof, and the implementing provisions of the Agreement.

Article 3

Fishing opportunities

1. The fishing opportunities granted to Union vessels shall be as follows:

— highly migratory species:

(a) 28 freezer tuna seiners;

(b) 10 pole-and-lines;

— deep-water demersal fish (as referred to in Appendix 2b to the Annex to this Protocol):

2. Paragraph 1 of this Article shall apply subject to Articles 5 and 7 of this Protocol.

3. In accordance with Article 5 of the Agreement, Union vessels may engage in fishing activities in the Gambian fishing zone only if they are in possession of a fishing authorisation issued under this Protocol in accordance with the Annex.

Article 4

Financial contribution

1. For the period referred to in Article 12 of this Protocol, the total financial contribution paid by the Union shall be set at EUR 3 300 000. This financial contribution shall comprise EUR 550 000 per year under the financial contribution referred to in Article 7 of the Agreement, allocated as follows:

(a) an annual amount for access to the fisheries resources in the Gambian fishing zone of EUR 275 000 equivalent to a reference tonnage, for highly migratory species, of 3 300 tonnes per year, and

(b) specific annual amount for the support of the implementation of The Gambia's sectoral fisheries policy of EUR 275 000 per year.

In addition, the annual financial contribution paid by vessel owners shall be set at EUR 315 000, corresponding to the estimated annual amount of fees due by vessel owners in respect of fishing authorisations issued pursuant to Article 5 of the Agreement and in accordance with the arrangements laid down in Section 2 of Chapter II of the Annex.

2. Paragraph 1 of this Article shall apply subject to Articles 5, 6, 7, 8 and 14 of this Protocol and Articles 15 and 16 of the Agreement.

3. The Gambia shall ensure that the activities of the Union vessels in its fishing zones are monitored in order to ensure appropriate management of the reference tonnage set out in point (a) of paragraph 1 for highly migratory species and of the total admissible catch for demersal species indicated in the corresponding technical sheet annexed to this Protocol, taking into account the state of the stocks and any available surplus.

4. Both the Union and The Gambia shall ensure that catches made by Union vessels are monitored on regular basis. In the case of demersal species, as soon as the catch level reaches 80 % of the total allowable catch, The Gambia shall notify the Union authorities. On receipt of this notification, the Union shall likewise inform the Member States thereof. Member States shall then act appropriately to ensure that catch levels of demersal species do not surpass the total allowable catch.

5. If the annual quantity of catches of highly migratory species by Union vessels in Gambian waters exceeds the annual reference tonnage indicated in point (a) paragraph 1, the total amount of the annual financial contribution shall be increased by EUR 50 for each additional tonne caught.

6. However, the total annual amount paid by the Union shall not be more than twice the amount indicated in point (a) of paragraph 1. Where the quantities caught by Union vessels exceed the quantities corresponding to twice the total annual amount, the amount due for the quantity exceeding that limit shall be paid the following year.

7. Payment of the financial contribution laid down in point (a) of paragraph 1 on access by Union vessels to Gambian fishery resources shall be made by the Union no later than three months after the start of the provisional application for the first year and, for the following years, no later than the anniversary date of the provisional application of this Protocol.

8. The financial contribution indicated in point (a) of paragraph 1 shall be paid into a Public Treasury account of The Gambia. The financial contribution indicated in point (b) of paragraph 1, earmarked for sectoral support, shall be placed at the disposal of the Department of Fisheries in an open-deposit Public Treasury account. The Gambian authorities shall notify the European Commission of the relevant bank account numbers on an annual basis.

Article 5

Review of fishing opportunities and financial compensation

1. The Joint Committee may reassess and decide to review the fishing opportunities referred to in Article 3 insofar as the recommendations and resolutions adopted within ICCAT and other regional scientific bodies indicate that such a review is compatible with the sustainable management of the fisheries resources covered by this Protocol. In this case, the financial contribution referred to in point (a) of Article 4(1) shall be adjusted proportionately and pro rata temporis by decision of the Joint Committee. However, the total annual amount paid by the Union shall not be more than twice the figure indicated in point (a) of Article 4(1).

2. The Joint Committee may, where necessary, examine and adapt the provisions governing the pursuit of fishing activities and the rules for implementing this Protocol and its Annex.

Article 6

Sectoral support

1. No later than three months after the date of entry into force or the provisional application of this Protocol, the Joint Committee shall agree on a multiannual sectoral programme and detailed implementing rules covering, in particular:

(a) annual and multiannual guidelines for using the specific amount of the financial contribution referred to in point (b) of Article 4(1);

(b) the objectives, both annual and multiannual, to be achieved, over time, with a view to developing responsible and sustainable fishing activities taking into account the priorities expressed by The Gambia in its national policies relating to or having an impact on the following areas:

(i) support and management measures for fisheries, aquaculture and artisanal fisheries;

(ii) sanitary and quality management with a view to developing export capacities;

(iii) fisheries monitoring, control and surveillance and fight against illegal, unreported and unregulated (IUU) fishing;

(iv) the development and strengthening of scientific capacity in the field of fisheries;

(v) measures to protect fragile ecosystems or ecosystems that have made a significant contribution to the health of stocks, such as the establishment and management of marine protected areas;

(c) criteria and procedures including, where appropriate, quality and financial indicators for evaluating the results obtained each year.

2. The use of the specific amount of the financial contribution referred to in point (b) of Article 4(1) shall be based on the identification by the Joint Committee of the objectives to be achieved and the annual and multiannual programming to attain them.

3. Any proposed amendments to the multiannual sectoral programme shall be agreed on by the Joint Committee. Urgent changes to the annual sectoral programme required by the Gambian authorities may be done through the Joint Committee, including by exchange of letters.

4. The Gambian authorities shall report annually to the Joint Committee on progress made in the implementation of sectoral support.

5. Before this Protocol expires, the Gambian authorities shall submit a final report on the implementation of sectoral support under this Protocol.

6. The specific amount of the financial contribution referred to in point (b) of Article 4(1) shall be paid in instalments. For the first year of application of this Protocol, the instalment shall be paid on the basis of the needs identified as part of the agreed programming. For the subsequent years of application, the instalments shall be paid on the basis of the needs identified as part of the agreed programming and on the basis of an analysis of the results achieved in the implementation of the sectoral support.

7. The Union reserves the right to revise and/or suspend, in part or in full, payment of the specific financial contribution provided for in point (b) of Article 4(1) of this Protocol:

(a) if the results obtained are inconsistent with the programming, following an evaluation by the Joint Committee;

(b) in the event of failure to implement this financial contribution as determined by the Joint Committee.

8. Payment of the financial contribution shall resume, after consultation between the parties and agreement by the Joint Committee, where it is justified on the basis of the results of the implementation of the agreed programming referred to in paragraph 1 of this Article. Nevertheless, the specific financial contribution provided for in point (b) of Article 4(1) may not be paid out beyond a period of six months after this Protocol expires.

9. The two Parties undertake to ensure the promotion and the visibility of the measures implemented with sectoral support.

Article 7

Scientific cooperation on responsible fishing

1. The Parties shall comply with the recommendations and resolutions of ICCAT and take into account the scientific advice of other relevant regional organisations.

2. The Parties may convene a joint scientific meeting when required in order to examine all scientific issues relating to the implementation of this Protocol. This can be done in conjunction with other regional and subregional scientific bodies.

3. Based on the recommendations and resolutions taken within ICCAT and the best available scientific advice and, where appropriate, the conclusions of the joint scientific meeting, the Joint Committee may adopt a decision on measures to ensure sustainable management of the fisheries resources covered by this Protocol as far as the activities of Union vessels are concerned.

Article 8

Exploratory fisheries and new fishing opportunities

1. At the request of one of the Parties, the Joint Committee may consider the possibility of exploratory fishing campaigns in the Gambian fishing zone with a view to testing the technical feasibility and economic viability of new fisheries not provided for in Article 3. To this end, the Joint Committee shall determine on a case-by-case basis the species, the conditions and any other relevant parameters.

2. Taking into account best available scientific advice and on the basis of the results of the exploratory campaigns, if the Union becomes interested in new fishing opportunities, the Joint Committee shall convene to discuss and prescribe the conditions applicable to such new fishing activities.

3. Following authorisation by The Gambia for these new fishing activities, the Joint Committee shall make corresponding amendments to this Protocol and the Annex thereto.

Article 9

Cooperation between economic operators

The Parties shall, in accordance with the applicable legislation and regulations, work together in order to foster cooperation between economic operators in the following areas:

(a) development of fisheries-related activities, in particular fish processing, the manufacturing of fishing gear and materials and naval construction and repair;

(b) promoting the exchange of professional expertise and training of actors in the fishing sector;

(d) the blue economy, including aquaculture.

The parties shall cooperate together in order to ensure a favourable business environment for the promotion of investments in the areas referred to in points (a) to (d) of the first subparagraph.

Article 10

Electronic exchanges of data

1. The Gambia and the Union undertake to implement the necessary systems for the electronic exchange of all information and documents related to the implementation of the Agreement and this Protocol.

2. The electronic form of a document at any point shall be considered equivalent to the paper version.

3. Both Parties will immediately notify the other Party of any disruption of a computer system impeding such exchanges. In these circumstances, the information and documents related to the implementation of the Agreement and this Protocol shall be replaced automatically by their paper version in the manner defined in the Annex.

Article 11

Confidentiality

1 The Parties undertake to ensure that all nominative data relating to Union vessels and their fishing activities obtained under the Agreement, including data collected by observers, are processed in accordance with confidentiality and data protection principles.

2. The Parties shall ensure that only aggregated data relating to fishing activities in the Gambian fishing zone are made public.

3. Data which may be considered confidential shall be used by the competent authorities exclusively for the purposes of implementing the Agreement and for fisheries management, control and monitoring.

4. With regard to personal data transmitted by the Union, appropriate safeguards and legal remedies may be established by the Joint Committee in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council (1) (General Data Protection Regulation).

Article 12

Duration

This Protocol shall apply for a period of six years from the date of the start of its provisional application.

Article 13

Provisional application

This Protocol shall be applied on a provisional basis as from the date of its signature.

Article 14

Suspension

The application of this Protocol may be suspended at the initiative of either Party under the conditions referred to in Article 15 of the Agreement.

Article 15

Termination

This Protocol may be terminated at the initiative of either Party under the conditions referred to in Article 16 of the Agreement.

Article 16

Entry into force

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