Protocol on the implementation of the Fisheries Partnership Agreement between the European Community and the Republic of Guinea-Bissau (2024–2029)
ARTICLE 1
Objective
ARTICLE 2
Relationship between the Protocol and other agreements and legal instruments
ARTICLE 3
Principles
ARTICLE 4
Fishing opportunities
ARTICLE 5
Duration
ARTICLE 6
Financial contribution
ARTICLE 7
Sectoral support
ARTICLE 8
Scientific cooperation to ensure sustainable fishing
ARTICLE 9
Joint Scientific Committee
ARTICLE 10
Revision of fishing opportunities and technical measures
ARTICLE 11
Experimental fishing and new fishing opportunities
ARTICLE 12
Economic integration of Union operators into Guinea-Bissau's fisheries sector
ARTICLE 13
Exchange of information
ARTICLE 14
Confidentiality of data
ARTICLE 15
Applicable legislation
ARTICLE 16
Prerogatives of the Joint Committee
ARTICLE 17
Suspension of the implementation of this Protocol
ARTICLE 18
Termination
ARTICLE 19
Provisional application
ARTICLE 20
Entry into force
ARTICLE 21
Authentic texts
ANNEX
CONDITIONS GOVERNING FISHING ACTIVITIES BY UNION VESSELS IN GUINEA-BISSAU'S FISHING ZONE
CHAPTER I
GENERAL PROVISIONS
1. Designation of the competent authority
2. Authorised fishing zone
3. Appointment of a local agent
4. Bank account
5. Focal points
CHAPTER II
FISHING AUTHORISATIONS
SECTION 1
APPLICABLE PROCEDURES
1. Condition for obtaining a fishing authorisation – eligible vessels
2. Application for a fishing authorisation
3. Issuing of fishing authorisations
4. Malfunction of the LICENCE system
5. List of vessels authorised to fish
6. Period of validity of fishing authorisations
7. Keeping the fishing authorisation on board
8. Transfer of fishing authorisations
9. Support vessels
10. Technical inspection of trawlers
SECTION 2
FEES AND ADVANCE PAYMENTS
CHAPTER III
TECHNICAL CONSERVATION MEASURES
CHAPTER IV
CATCH REPORTING
1. Fishing logbook
2. Catch reporting
3. Final statement of fees for tuna vessels
CHAPTER V
LANDINGS AND TRANSHIPMENTS
1. Landing or transhipment of catches
2. Contribution in kind for food security
CHAPTER VI
SUPERVISION AND INSPECTION
1. Entry into and exit from the fishing zone
2. Vessel position messages – VMS
3. Inspection at sea or in port
4. Inspection of catches
CHAPTER VII
INFRINGEMENTS
1. General provisions
2. Handling of infringements
3. Detention of a vessel – Information meeting
4. Penalties for infringements – Compromise procedure
5. Legal proceeding – Bank security
6. Release of the vessel
CHAPTER VIII
EMPLOYMENT OF FISHERS ON BOARD UNION VESSELS
1. Number of fishers to be signed on
2. Working conditions
3. Fisher's work agreement
4. Remuneration of fishers
5. Social security
6. Private seafarer recruitment and placement services
7. Compliance with this Chapter
CHAPTER IX
OBSERVERS
1. Observation of fishing activities
2. Designated vessels and observers
3. Flat-rate financial contribution
4. Observer's salary
5. Boarding conditions
6. Observer's duties
7. Boarding and disembarking of observers
8. Duties of observers
9. Observer's reports
APPENDICES
Appendix 1
FISHING AUTHORISATION APPLICATION FORM
FISHERIES PARTNERSHIP AGREEMENT GUINEA-BISSAU – EUROPEAN UNION
Appendix 2
DATA SHEETS BY CATEGORY
SHEET 1
FISHING CATEGORY 1 – FREEZER FIN-FISH AND CEPHALOPOD TRAWLERS
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Beyond 12 nautical miles from the baseline, including the Guinea-Bissau/Senegal joint management area, extending north to azimuth 268o. |
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Standard otter trawls and other selective gear are permitted. Outriggers are permitted. No methods or devices may be used, for any fishing gear, 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 cod end of a bottom trawl. Such aprons must be attached only to the forward and lateral edges of the cod end 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 cod end, with the mesh measuring at least 300 millimetres when stretched out. Doubling of the cod end's netting yarn, whether single or multiple, is prohibited. |
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70 mm |
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Under the effort management system on the basis of GRT, vessels must not, at the end of a trip, have on board crustaceans accounting for more than 5 % of their total catch in Guinea-Bissau's fishing zone. Squid (Todarodes sagittatus and Todaropsis eblanae) may be caught and counted among the target species. After the transition to a catch-limit-based management system based on the TAC, the Parties shall consult each other within the Joint Committee to determine the authorised by-catch rates, on the basis of a recommendation from the Joint Scientific Committee. Any by-catch in excess of those authorised limits will lead to penalties under Guinea-Bissau's regulations. |
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3 500 GRT per year |
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EUR 310 per GRT per year In the case of 3-month and 6-month authorisations, the fees shall be calculated pro rata temporis, plus 4 % and 2,5 % respectively. |
SHEET 2
FISHING CATEGORY 2 – SHRIMP TRAWLERS
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Beyond 12 nautical miles from the baseline, including the Guinea-Bissau/Senegal joint management area, extending north to azimuth 268o. |
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Standard otter trawls and other selective gear are permitted. Outriggers are permitted. No methods or devices may be used, for any fishing gear, 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 cod end of a bottom trawl. Such aprons must be attached only to the forward and lateral edges of the cod end 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 cod end, with the mesh measuring at least 300 millimetres when stretched out. Doubling of the cod end's netting yarn, whether single or multiple, is prohibited. |
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50 mm |
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Shrimp vessels must not, at the end of a fishing trip, have on board cephalopods accounting for more than 15 % or fish accounting for more than 70 % of their total catch in Guinea-Bissau's fishing zone. Any by-catch in excess of those authorised limits will lead to penalties under Guinea-Bissau's regulations. The Parties shall consult each other within the Joint Committee to adjust the authorised by-catch rates on the basis of a recommendation from the Joint Scientific Committee. |
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3 700 GRT per year |
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EUR 434 per GRT per year In the case of 3-month and 6-month authorisations, the fees shall be calculated pro rata temporis, plus 4 % and 2,5 % respectively. |
SHEET 3
FISHING CATEGORY 3 – POLE-AND-LINE TUNA VESSELS
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Beyond 12 nautical miles from the baseline, including the Guinea-Bissau/Senegal joint management area, extending north to azimuth 268o. Pole-and-line tuna vessels shall be authorised to fish for live bait with a view to engaging in fishing activities in Guinea-Bissau's fishing zone. |
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In accordance with the Convention on the Conservation of Migratory Species of Wild Animals and with the relevant ICCAT resolutions, it is prohibited to fish for the basking shark (Cetorhinus maximus), white shark (Carcharodon carcharias), bigeye thresher shark (Alopias superciliosus), hammerhead sharks in the Sphyrnidae family (with the exception of the bonnethead shark), oceanic whitetip shark (Carcharhinus longimanus) and the silky shark (Carcharhinus falciformis). It is prohibited to fish for the sandtiger shark (Carcharias taurus) and the tope shark (Galeorhinus galeus). The Parties shall consult within the Joint Committee to update this list on the basis of scientific recommendations. |
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EUR 3 600 for up to 51,43 tonnes per vessel |
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EUR 70 per tonne |
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13 vessels |
SHEET 4
FISHING CATEGORY 3 – FREEZER TUNA SEINERS AND LONGLINERS
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Beyond 12 nautical miles from the baseline, including the Guinea-Bissau/Senegal joint management area, extending north to azimuth 268o. |
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Seine and surface longline |
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In accordance with the Convention on the Conservation of Migratory Species of Wild Animals and with the relevant ICCAT resolutions, it is prohibited to fish for the basking shark (Cetorhinus maximus), white shark (Carcharodon carcharias), bigeye thresher shark (Alopias superciliosus), hammerhead sharks in the Sphyrnidae family (with the exception of the bonnethead shark), oceanic whitetip shark (Carcharhinus longimanus) and the silky shark (Carcharhinus falciformis). It is prohibited to fish for the sandtiger shark (Carcharias taurus) and the tope shark (Galeorhinus galeus). The Parties shall consult within the Joint Committee to update this list on the basis of scientific recommendations. |
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EUR 5 500 , corresponding to 68,75 tonnes per seiner for the first two application periods of the Protocol and 64,71 tonnes per seiner for the subsequent application periods EUR 3 600 for 51,43 tonnes per longliner |
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EUR 80 per tonne for seiners for the first two application periods of the Protocol, and EUR 85 per tonne for seiners for the subsequent application periods EUR 70 per tonne for longliners |
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EUR 5 000 per year per vessel |
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28 vessels |
SHEET 5
FISHING CATEGORY 5 – SMALL PELAGIC VESSELS
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Beyond 12 nautical miles from the baseline, including the Guinea-Bissau/Senegal joint management area, extending north to azimuth 268o. |
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70 mm for trawls. |
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Trawlers must not, at the end of a fishing trip, have on board fish other than pelagics accounting for more than 10 %, cephalopods accounting for more than 10 % or crustaceans accounting for more than 5 % of their total catch in Guinea-Bissau's fishing zone. Any by-catch in excess of those authorised limits will lead to penalties under Guinea-Bissau's regulations. The Parties shall consult each other within the Joint Committee to adjust the authorised by-catch rates on the basis of a recommendation from the Joint Scientific Committee. |
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0 tonnes per year |
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To be determined |