Agreement in the form of an Exchange of Letters concerning the provisional application of amendments to the Protocol establishing the fishing opportunities and the compensation provided for in the Agreement between the European Economic Community and the


Published: 0000-00-00

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
22004A0429(01)
 
Agreement in the form of an Exchange of Letters concerning the
provisional application of amendments to the Protocol establishing
the fishing opportunities and the compensation provided for in the
Agreement between the European Economic Community and the Government
of the Republic of Guinea-Bissau on fishing off the coast of
Guinea-Bissau for the period 16 June 2001 to 15 June 2006, and in
Decision 2001/179/EEC setting the terms for financial support to
Guinea-Bissau in the fisheries sector
 
Official Journal L 127 , 29/04/2004 P. 0027 - 0030 
 
Dates:
of document:   26/04/2004
of effect:   01/06/20036; Provisional application See Text
end of validity:   15/06/2006; See 22002A0122(02)
 
Author:
European Community ; Guinea-Bissau
 
Subject matter: Commercial policy ; Fisheries policy
Directory code: 04202000 ; 11403000
EUROVOC descriptor: EC agreement ; fishing rights ; financial
compensation of an agreement ; Guinea-Bissau ; deep-sea fishing
 
Legal basis:
102E037................... Adoption
102E300-P2................ Adoption
102E300-P3L1.............. Adoption
Instruments cited:
301D0179..................
Amendment to:
202A0122(02)...... Amendment..... from 16/06/2003
Amended by:
Adopted by.... 304R0829.......... from 26/04/2004
 
 
 
 
Agreement
in the form of an Exchange of Letters concerning the provisional
application of amendments to the Protocol establishing the fishing
opportunities and the compensation provided for in the Agreement
between the European Economic Community and the Government of the
Republic of Guinea-Bissau on fishing off the coast of Guinea-Bissau
for the period 16 June 2001 to 15 June 2006, and in Decision
2001/179/EEC setting the terms for financial support to
Guinea-Bissau in the fisheries sector
 
A. Letter from the Government of the Republic of Guinea-Bissau
Sir,
With reference to the Protocol initialled on 30 May 2001
establishing the fishing opportunities and the compensation for the
period 16 June 2001 to 15 June 2006, the detailed rules for
implementing the Council Decision of 26 February 2001 (OJ L 66,
8.3.2001) and the result of the meeting of the Joint Committee on 19
and 20 May 2003, I hereby inform you that the Government of the
Republic of Guinea-Bissau is ready to apply the following amendments
to the Protocol on a provisional basis, with effect from 16 June
2003, pending its entry into force in accordance with Article 9
thereof, provided that the Community is prepared to do the same.
1. From 16 June 2004, until the expiry of the Protocol, the fishing
opportunities granted pursuant to Article 4 of the Agreement shall
be as follows:
(a) freezer shrimp trawlers: 4400 gross registered tonnes (GRT);
(b) freezer fin-fish and cephalopod trawlers: 4400 gross registered
tonnes (GRT);
(c) freezer tuna seiners: 40 vessels;
(d) pole-and-line tuna vessels and surface longliners: 30 vessels.
2. The two Parties have agreed to allow exchanges of fishing rights
between the first two categories (freezer shrimp trawlers and
freezer fin-fish and cephalopod trawlers) in the period 16 June 2003
to 15 June 2004, this flexibility being needed to ensure that the
Protocol on fisheries is more efficiently used.
3. From 16 June 2004, the compensation provided for in Article 9 of
the Agreement shall be EUR 7260000 per year.
4. The support measures in the fisheries sector shall be financed
from financial resources available under the Council Decision of 26
February 2001 (EUR 3250000). Once the Commission has accepted the
implementation report for the first instalment (ad hoc measure of 26
February 2001), it shall pay these financial resources up to a total
EUR 3250000 by way of advance for the implementation of measures
programmed jointly. Any transfers shall be decided on by agreement
between the two Parties in accordance with the arrangements provided
for below.
5. The support measures in the fisheries sector provided for in the
Protocol on fisheries (Article 4) and in the Decision of 26 February
2001 and the related financial resources shall be reprogrammed on
the basis of the following principles:
(a) financing of a Guinea-Bissau scientific or technical programme
to improve information on fisheries resources, the monitoring of the
evolution of resources in Guinea-Bissau's fishing zone and the
functioning of the fisheries research laboratory, in particular as
regards improving health and hygiene conditions in the fisheries
sector;
(b) institutional support for the Ministry of Fisheries including
technical assistance to set up and monitor the above measures and
funding of awards for study and practical training in the various
scientific, technical and economic disciplines relating to
fisheries. The awards may also be used in any State linked with the
Community by a cooperation agreement. At the request of the
Guinea-Bissau authorities, part of that sum may be used to cover the
costs of participation in international meetings or training courses
concerning fisheries or the organisation of seminars on fishing in
Guinea-Bissau;
(c) support for investments in the small-scale fishing sector;
(d) fisheries surveillance (purchasing equipment, administrative
costs of monitoring, technical assistance, hiring equipment, and
monitoring measures in conjunction with other countries and
organisations in the region and/or the European Union), including
the possibility of meeting the cost of setting up a satellite
monitoring system (VMS) for fishing vessels.
The technical and financial programming of these measures shall be
agreed between the Government of the Republic of Guinea-Bissau and
the European Commission, in annual instalments by the following
dates: 16 June 2004 and 16 June 2005. The related payments shall be
conditional on the presentation by the Government of the Republic of
Guinea-Bissau of a detailed implementation report and its acceptance
by the European Commission.
6. The Republic of Guinea-Bissau also agrees to review all
agreements (bilateral and/or private agreements) other than those
with UEMOA member states, with a view to:
- reducing fishing effort in segments which are over-exploited,
particularly shrimp fishing,
- guaranteeing compliance with the provisions of Article 3 of the
Protocol which stipulates that the two Parties undertake to promote
responsible fishing in Guinea-Bissau waters based on the principle
of non-discrimination between the different fleets fishing in these
waters,
- placing a freeze on new bilateral and private agreements as
regards the fishing arrangements provided for in the Agreement
between the EC and the Republic of Guinea-Bissau until the Parties
reach agreement.
The review of the fisheries agreements and the renegotiation thereof
with a view to bringing the financial compensation into line with
the Agreement with the European Community or to terminating them
must be finalised by 16 June 2004.
Failure to comply with these undertakings shall automatically give
the other party the right to terminate the agreement and cancel any
financial transfers from the date of termination.
7. In addition, and in order to finalise the support measures
provided for in the first instalment of the Decision of 26 February
2001, the Government of the Republic of Guinea-Bissau shall transfer
irrevocably to a joint-signature account administered by the
secretariat of state for fisheries and the European Commission
delegation in Bissau, by 15 October 2003, the amounts yet to be
implemented under the first instalment of the Council Decision of 26
February 2001 (EUR 1782655).
Future transfers relating to the support measures in the fisheries
sector shall be made by the European Commission directly to this
account.
8. The second paragraph of point 5.3 of the Annex to the Protocol on
fisheries is hereby amended by adding the following sentence:
"If the fishing season does not exceed one month, the shipowners'
contribution shall be limited to the payment of one month's salary
(EUR 400)."
I should be obliged if you would confirm the Community's agreement
to such provisional application.
Please accept, Sir, the assurance of my highest consideration.
 
For the Government of the Republic of Guinea-Bissau
 
B. Letter from the Community
Sir,
I have the honour to acknowledge receipt of your letter of today's
date, which reads as follows:
"With reference to the Protocol initialled on 30 May 2001
establishing the fishing opportunities and the compensation for the
period 16 June 2001 to 15 June 2006, the detailed rules for
implementing the Council Decision of 26 February 2001 (OJ L 66,
8.3.2001) and the result of the meeting of the Joint Committee on 19
and 20 May 2003, I hereby inform you that the Government of the
Republic of Guinea-Bissau is ready to apply the following amendments
to the Protocol on a provisional basis, with effect from 16 June
2003, pending its entry into force in accordance with Article 9
thereof, provided that the Community is prepared to do the same.
1. From 16 June 2004, until the expiry of the Protocol, the fishing
opportunities granted pursuant to Article 4 of the Agreement shall
be as follows:
(a) freezer shrimp trawlers: 4400 gross registered tonnes (GRT);
(b) freezer fin-fish and cephalopod trawlers: 4400 gross registered
tonnes (GRT);
(c) freezer tuna seiners: 40 vessels;
(d) pole-and-line tuna vessels and surface longliners: 30 vessels.
2. The two Parties have agreed to allow exchanges of fishing rights
between the first two categories (freezer shrimp trawlers and
freezer fin-fish and cephalopod trawlers) in the period 16 June 2003
to 15 June 2004, this flexibility being needed to ensure that the
Protocol on fisheries is more efficiently used.
3. From 16 June 2004, the compensation provided for in Article 9 of
the Agreement shall be EUR 7260000 per year.
4. The support measures in the fisheries sector shall be financed
from financial resources available under the Council Decision of 26
February 2001 (EUR 3250000). Once the Commission has accepted the
implementation report for the first instalment (ad hoc measure of 26
February 2001), it shall pay these financial resources up to a total
EUR 3250000 by way of advance for the implementation of measures
programmed jointly. Any transfers shall be decided on by agreement
between the two Parties in accordance with the arrangements provided
for below.
5. The support measures in the fisheries sector provided for in the
Protocol on fisheries (Article 4) and in the Decision of 26 February
2001 and the related financial resources shall be reprogrammed on
the basis of the following principles:
(a) financing of a Guinea-Bissau scientific or technical programme
to improve information on fisheries resources, the monitoring of the
evolution of resources in Guinea-Bissau's fishing zone and the
functioning of the fisheries research laboratory, in particular as
regards improving health and hygiene conditions in the fisheries
sector;
(b) institutional support for the Ministry of Fisheries including
technical assistance to set up and monitor the above measures and
funding of awards for study and practical training in the various
scientific, technical and economic disciplines relating to
fisheries. The awards may also be used in any State linked with the
Community by a cooperation agreement. At the request of the
Guinea-Bissau authorities, part of that sum may be used to cover the
costs of participation in international meetings or training courses
concerning fisheries or the organisation of seminars on fishing in
Guinea-Bissau;
(c) support for investments in the small-scale fishing sector;
(d) fisheries surveillance (purchasing equipment, administrative
costs of monitoring, technical assistance, hiring equipment, and
monitoring measures in conjunction with other countries and
organisations in the region and/or the European Union), including
the possibility of meeting the cost of setting up a satellite
monitoring system (VMS) for fishing vessels.
The technical and financial programming of these measures shall be
agreed between the Government of the Republic of Guinea-Bissau and
the European Commission, in annual instalments by the following
dates: 16 June 2004 and 16 June 2005. The related payments shall be
conditional on the presentation by the Government of the Republic of
Guinea-Bissau of a detailed implementation report and its acceptance
by the European Commission.
6. The Republic of Guinea-Bissau also agrees to review all
agreements (bilateral and/or private agreements) other than those
with UEMOA member states, with a view to:
- reducing fishing effort in segments which are over-exploited,
particularly shrimp fishing,
- guaranteeing compliance with the provisions of Article 3 of the
Protocol which stipulates that the two Parties undertake to promote
responsible fishing in Guinea-Bissau waters based on the principle
of non-discrimination between the different fleets fishing in these
waters,
- placing a freeze on new bilateral and private agreements as
regards the fishing arrangements provided for in the Agreement
between the EC and the Republic of Guinea-Bissau until the Parties
reach agreement.
The review of the fisheries agreements and the renegotiation thereof
with a view to bringing the financial compensation into line with
the Agreement with the European Community or to terminating them
must be finalised by 16 June 2004.
Failure to comply with these undertakings shall automatically give
the other party the right to terminate the agreement and cancel any
financial transfers from the date of termination.
7. In addition, and in order to finalise the support measures
provided for in the first instalment of the Decision of 26 February
2001, the Government of the Republic of Guinea-Bissau shall transfer
irrevocably to a joint-signature account administered by the
secretariat of state for fisheries and the European Commission
delegation in Bissau, by 15 October 2003, the amounts yet to be
implemented under the first instalment of the Council Decision of 26
February 2001 (EUR 1782655).
Future transfers relating to the support measures in the fisheries
sector shall be made by the European Commission directly to this
account.
8. The second paragraph of point 5.3 of the Annex to the Protocol on
fisheries is hereby amended by adding the following sentence:
'If the fishing season does not exceed one month, the shipowners'
contribution shall be limited to the payment of one month's salary
(EUR 400).'
I should be obliged if you would confirm the Community's agreement
to such provisional application."
I have the honour to confirm the Community's agreement to such
provisional application.
Please accept, Sir, the assurance of my highest consideration.
 
For the European Community