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)
Article 1
Article 2
Article 3
Article 4
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
Article 2
Financial contribution and specific contribution – Methods of payment
Article 3
Specific contribution to help improve the health and plant-health conditions of fishery products and to fisheries monitoring, control and surveillance
Article 4
Scientific cooperation
Article 5
Review of fishing opportunities
Article 6
New and exploratory fishing opportunities
Article 7
Suspension and review of the payment of the financial contribution in the event of unusual circumstances
Article 8
Contribution of the Partnership Agreement to the implementation of Guinea-Bissau’s sectoral fisheries policy
Article 9
Methods of implementing the support for Guinea-Bissau’s sectoral fisheries policy
Article 10
Economic integration of EU operators in the Guinea-Bissau fisheries sector
Article 11
Disputes – Suspension of application of the Protocol
Article 12
Suspension of application of the Protocol for failure to implement Guinea-Bissau’s undertakings on responsible and sustainable fishing
Article 13
Suspension of application of this Protocol on grounds of non-payment
Article 14
Entry into force
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
SECTION 2
Special provisions applicable to tuna vessels and surface longliners
SECTION 3
Special provisions for trawlers
CHAPTER II
FISHING ZONES
CHAPTER III
CATCH REPORTING ARRANGEMENTS FOR VESSELS AUTHORISED TO FISH IN GUINEA-BISSAU WATERS
CHAPTER IV
BY-CATCHES
CHAPTER V
EMBARKING SEAMEN
CHAPTER VI
TECHNICAL MEASURES
CHAPTER VII
OBSERVERS ON BOARD TRAWLERS
CHAPTER VIII
OBSERVERS ON BOARD TUNA VESSELS
CHAPTER IX
MONITORING
3. Technical inspection of trawlers
5. Monitoring procedures
6. Boarding
7. Statement of boarding
8. Information meeting in the event of boarding
9. Settlement of boarding
10. Compliance with the rules
11. Transhipment
CHAPTER X
SATELLITE MONITORING OF FISHING VESSELS
ANNEX II
DATASHEET No 1 – FISHING CATEGORY 1: FREEZER, FIN-FISH AND CEPHALOPOD TRAWLERS
1. Fishing zone |
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Beyond 12 nautical miles from the base line, including the Guinea-Bissau/Senegal joint management area, extending north to the azimuth 268°. |
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2. Authorised gear |
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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. |
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3. Minimum authorised mesh |
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70 mm |
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4. Biological recovery |
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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. |
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5. By-catches |
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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. |
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6. Authorised tonnage/fees |
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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 |
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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
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2. Authorised gear |
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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. |
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3. Minimum authorised mesh |
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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. |
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4. Biological recovery |
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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. |
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5. By-catches |
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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. |
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6. Authorised tonnage/fees |
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Authorised tonnage (GRT) per year |
4 400 |
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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. |
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7. Comments |
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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: |
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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. |
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2. Authorised gear and technical measures |
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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. |
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3. By-catches: |
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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. |
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4. Authorised tonnage/fees |
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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 |
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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: |
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Beyond 12 nautical miles from the base line, including the Guinea-Bissau/Senegal joint management area, extending north to the azimuth 268°. |
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2. Authorised gear and technical measures |
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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. |
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3. Minimum authorised mesh |
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Recommended ICCAT standard. |
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4. By-catches: |
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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. |
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5. Authorised tonnage/fees |
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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 |
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The conditions governing fishing activity by the vessels shall be as laid down in the Annex to the Protocol. |
ANNEX III
Strategic priorities and objectives |
Indicators |
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1. Improvement of health and hygiene conditions to develop the fisheries sector |
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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 |
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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) |
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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 |
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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 |
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2. Improving monitoring, control and surveillance of the fishing zone |
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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 |
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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.) |
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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 |
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3. Improving fisheries management |
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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 |
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Strengthen CIPA research capacities |
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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.) |
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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 |
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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 |
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Number of hours of training for technicians Number of technicians trained Networking of services and statistics |