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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

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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