2011/885/EU: 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

The signing 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 in force between the two parties (hereinafter ‘the Protocol’) is hereby authorised on behalf of the Union, subject to its conclusion. The text of the Protocol is attached to this Decision.

The President of the Council is hereby authorised to designate the person or persons empowered to sign the Protocol on behalf of the Union.

The Protocol shall apply on a provisional basis from 16 June 2011, pending the completion of the procedures for its conclusion

This Decision shall enter into force on the day of its adoption.

1 For a period of 1 year from 16 June 2011, the fishing opportunities granted pursuant to Articles 5 and 6 of the Agreement shall be as follows: crustaceans and demersal species: a) freezer shrimp trawlers: 4400 GRT per year; b) freezer, fin-fish and cephalopod trawlers: 4400 GRT per year; highly migratory species (species listed in Annex 1 to the 1982 United Nations Convention): c) freezer tuna seiners and longliners: 23 vessels; d) pole-and-line tuna vessels: 14 vessels;

2 Paragraph 1 shall apply subject to Articles 5 and 6 of this Protocol.

3 Under Article 6 of the Agreement, vessels flying the flag of a Member State of the European Union may fish in Guinea-Bissau fishing zones only if they are in possession of a fishing licence issued under this Protocol in accordance with the Annexes hereto.

1 The financial contribution referred to in Article 7 of the Agreement shall be fixed, for the period referred to in Article 1 of this Protocol, at EUR 7 million.

2 However, if the use of the fishing opportunities provided for in points (a) and (b) of Article 1(1) of this Protocol by EU vessels improves, the Union will grant an additional amount to Guinea-Bissau proportionate to the increase in the use of the fishing opportunities, within the limits of the fishing opportunities set by this Protocol and up to a maximum of EUR 1 million per year. The two Parties shall agree, within the Joint Committee, and no later than 3 months after the entry into force of this Protocol, to determine the reference period, the base index and the specific payment mechanisms.

3 Paragraph 1 shall apply subject to Articles 5, 6, 7, 8, 9, 11 and 12 of this Protocol.

4 The Union shall pay the financial contribution fixed in paragraph 1 no later than 15 March 2012.

5 Subject to Article 8 of this Protocol, the allocation of this contribution shall be decided within the framework of the Guinea-Bissau Finance Act and the Guinea-Bissau authorities shall have full discretion regarding the use to which it is put.

6 In addition to the amount referred to in paragraph 1, a specific contribution from the Union of EUR 500000 per year shall be dedicated to the introduction of a health and plant-health system for fishery products. However the two Parties may, where necessary, decide to allocate part of this specific contribution to strengthening monitoring, control and surveillance in Guinea-Bissau fishing zones. This contribution shall be managed in accordance with Article 3 of this Protocol.

7 Without prejudice to Article 3 of this Protocol, the specific contribution referred to in paragraph 6 shall be paid no later than 15 March 2012.

8 The payments provided for in this Article shall be paid into a Public Treasury account opened at Guinea-Bissau’s central bank, the references of which shall be notified each year by the Ministry.

1 The specific contribution from the Union mentioned in Article 2(6) of this Protocol shall be put towards, in particular, helping the fisheries sector achieve compliance with health standards and, where necessary, towards Guinea-Bissau’s monitoring, control and surveillance policy.

2 Guinea-Bissau shall be responsible for the management of the corresponding amount, based on the identification by the two Parties, by mutual agreement, of the measures to be carried out and the annual programming to attain them.

3 Without prejudice to the objectives identified by the two Parties and in accordance with Articles 8 and 9 of this Protocol, the Parties agree to focus on: a) all of the measures which aim to improve the health and plant-health conditions of fishery products, including building up the competent authority, bringing the Centro de Investigação Pesqueira Apliquada (CIPA) up to standards (ISO 9000), training staff and achieving compliance in the necessary legal framework; and, where necessary, b) all of the support measures for fisheries monitoring, control and surveillance, including surveillance of Guinea-Bissau waters by sea and by air, setting up a satellite vessel monitoring system (VMS) and improving the legal framework and its application in the event of infringements.

4 A detailed annual report shall be submitted for approval to the Joint Committee provided for in Article 10 of the Agreement.

5 However, the EU reserves the right to suspend payment of the specific contribution provided for in Article 2(6) of this Protocol, from the first year of application of the Protocol, in the event of disputes concerning the programming of measures or where the results obtained, except in exceptional circumstances, do not comply with the programming.

1 The two Parties undertake to promote responsible fishing in the Guinea-Bissau fishing zone on the basis of the principles of sustainable management, in particular by promoting cooperation at subregional level on responsible fishing, particularly within the Subregional Fisheries Commission (CSRP).

2 During the period covered by this Protocol, the two Parties shall cooperate to develop certain issues relating to the state of resources in Guinea-Bissau fishing zones; to this end a Joint Scientific Committee shall meet at least once a year, in accordance with Article 4(1) of this Protocol. At the request of one of the Parties and where needed within the framework of this Agreement, other meetings of this Scientific Committee may also be convened.

3 The two Parties, on the basis of the conclusions of the annual joint scientific meeting and of the recommendations and resolutions adopted within the International Commission for the Conservation of Atlantic Tunas (ICCAT), the Fishery Committee for the Eastern Central Atlantic (CECAF) or any other regional or international organisation in this area of which the two Parties are members or in which they are represented, shall consult each other within the Joint Committee provided for in Article 10 of the Agreement and adopt, where appropriate and by mutual agreement, measures to ensure the sustainable management of fisheries resources.

1 The fishing opportunities referred to in Article 1 may be increased by mutual agreement provided that the conclusions of the annual joint scientific meeting referred to in Article 4(2) of the Agreement confirm that such an increase will not endanger the sustainable management of Guinea-Bissau resources. In this case the financial contribution referred to in Article 2(1) shall be increased proportionately and pro rata temporis. However, the total amount of the financial contribution paid by the European Union shall not be more than twice the amount indicated in Article 2(1).

2 Conversely, if the Parties agree to adopt measures as referred to in Article 4(2) of the Agreement resulting in a reduction in the fishing opportunities provided for in Article 1, the financial contribution shall be reduced proportionally and pro rata temporis. Without prejudice to Article 8 of this Protocol, this financial contribution could be suspended by the European Union if it is not possible to use any of the fishing opportunities provided for in this Protocol.

3 The allocation of the fishing opportunities among different categories of vessels may also be reviewed by mutual agreement between the Parties, provided that any changes comply with any recommendations made by the annual joint scientific meeting regarding the management of stocks liable to be affected by such redistribution. The Parties shall agree on the corresponding adjustment of the financial contribution where the redistribution of fishing opportunities so warrants.

4 The adjustments of fishing opportunities provided for in paragraphs 1, 2 and 3 shall be decided by mutual agreement between the two Parties in the Joint Committee provided for in Article 10 of the Agreement.

1 Should EU vessels be interested in fishing activities which are not indicated in Article 1 of this Protocol, the EU shall consult Guinea-Bissau in order to seek authorisation for these new activities. Where appropriate, the Parties shall agree on the conditions applicable to these new fishing opportunities and, if necessary, make amendments to this Protocol and to the Annex hereto.

2 The Parties may carry out exploratory fishing trips in Guinea-Bissau fishing zones, subject to an opinion by the joint scientific committee provided for in Article 4 of the Agreement. To this end, they shall hold consultations whenever one of the Parties so requests and determine, on a case-by-case basis, relevant new resources, conditions and other parameters.

3 Exploratory fishing authorisations shall be granted for testing purposes for a period of no more than 6 months.

4 Where the Parties conclude that the exploratory fishing trips have produced positive results, while preserving ecosystems and conserving living marine resources, new fishing opportunities may be awarded to EU vessels following the consultation procedure provided for in Article 5 of this Protocol and until the expiry of the Protocol and in accordance with the allowable effort. The financial contribution shall be increased in accordance with Article 5 of this Protocol.

5 Catches made during exploratory fishing shall be the property of the vessel owner. Catches of species of a non-regulatory size and species which may not be fished, kept on-board or sold under Guinea-Bissau law shall be prohibited.

1 The European Union may suspend the payment of the financial contribution and the specific contribution provided for in Article 2 of this Protocol, if: (a) unusual circumstances, other than natural phenomena, occur which prevent fishing activities in the exclusive economic zone (EEZ) of Guinea-Bissau; or (b) the European Union notes that there has been a violation in Guinea-Bissau of the essential and fundamental elements of human rights and democratic principles as provided for in Article 9 of the Cotonou Agreement. The suspension decision shall be taken following consultations between the two Parties within a period of 2 months following the request of one of the Parties, and provided that the European Union has paid in full any amounts due at the time of suspension.

2 Payment of the financial contribution and of the specific contribution referred to in Article 2 of this Protocol shall resume as soon as the Parties find, by mutual agreement following consultations, that the circumstances preventing fishing activities are no longer present and/or that the situation allows a resumption of fishing activities.

3 The fishing authorisations granted to EU vessels may be suspended at the same time as the suspension of the payment of the financial contribution under Article 2. If resumed, the validity of these fishing authorisations shall be extended for a period equal to the period of suspension of fishing activities.

1 A share of 35 % of the financial contribution referred to in Article 2(1), that is, EUR 2450000, shall be put towards defining and implementing a sectoral fisheries policy in Guinea-Bissau with a view to introducing sustainable and responsible fishing in its waters.

2 Guinea-Bissau shall be responsible for the management of the corresponding amount, based on the identification by the two Parties, by mutual agreement, of the objectives to be achieved and the annual and multiannual programming to attain them, in particular as regards the sound management of fisheries resources, strengthening scientific research and the monitoring capacity of the competent Guinea-Bissau authorities, and improving production conditions for fishery products.

3 Without prejudice to the objectives identified by the two Parties and in accordance with the priorities of the Strategy of sustainable development of Guinea-Bissau’s fisheries sector and with a view to ensuring sustainable and responsible management of the sector, the two Parties agree to focus on the following areas of assistance: monitoring, control and surveillance of fishing activities, scientific research and management and development of fisheries.

1 Without prejudice to Article 8(3) of this Protocol, the European Union and the Ministry shall agree, within the Joint Committee provided for in Article 10 of the Agreement, and from the entry into force of the Protocol, on: (a) the annual guidelines steering the implementation of the priorities of Guinea-Bissau fisheries policy aiming to introduce sustainable and responsible fishing, and in particular those referred to in Article 8(2); (b) the annual objectives to be achieved and the criteria and indicators to be used to permit an evaluation of the results achieved, on an annual basis. Annex III hereto provides a basic outline of the objectives and performance indicators to be taken into account within the framework of the Protocol.

2 Any amendment of these guidelines, objectives, criteria and evaluation indicators shall be approved by the two Parties within the Joint Committee.

3 The allocation by Guinea-Bissau of the financial support referred to in Article 8(1) of this Protocol shall be communicated to the European Union when the guidelines, objectives, criteria and evaluation indicators are approved within the Joint Committee.

4 The Ministry shall communicate this allocation to the European Union no later than 4 months after the entry into force of this Protocol.

5 The annual report on the implementation of the measures programmed and financed, the results obtained and any difficulties encountered shall be submitted to the Joint Committee provided for in Article 10 of the Agreement for approval.

6 However, the European Union shall reserve the right to adapt or suspend payment of the amount fixed in Article 8(1) of this Protocol, where the annual evaluation of the actual results achieved in terms of implementing the fisheries policy at that point so warrants, and following consultations within the Joint Committee.

1 The Parties undertake to promote the economic integration of EU operators into the fishing industry in Guinea-Bissau as a whole.

2 The Parties undertake to promote the setting up of temporary joint ventures between EU operators and Guinea-Bissau operators with a view to the joint exploitation of fishery resources in the Guinea-Bissau exclusive economic zone (EEZ).

3 ‘Temporary Joint ventures’ means any association set up on the basis of a contractual agreement of limited duration between EU vessel owners and physical or legal persons in Guinea-Bissau for the purpose of jointly fishing for and exploiting Guinea-Bissau fishing quotas using one or more vessels flying the flag of a Member State of the European Union and sharing the cost profits or losses of the economic activity jointly undertaken.

4 Guinea-Bissau shall award the authorisation required to allow temporary joint ventures set up for the exploitation of fishery resources to operate in its fishing zones.

5 EU vessels which have decided to set up temporary joint ventures under the Protocol in force for the fishing categories referred to in points (a) and (b) of Article 1(1) of this Protocol will be exempt from the payment of licence fees. Moreover, from the third year of application of the Protocol, Guinea-Bissau shall make financial support available for setting up such temporary joint ventures. The total amount of such support shall not exceed 20 % of the total amount of fees paid by vessel owners under this Protocol.

6 The Joint Committee shall decide the financial and technical provisions allowing for the implementation of this financial support and the promotion of temporary joint ventures within the framework of this Protocol.

1 The application of this Protocol may be suspended at the initiative of one of the two Parties after consultation within the Joint Committee if one of the two Parties violates one of the essential and fundamental elements of human rights and democratic principles as provided for in Article 9 of the Cotonou Agreement.

2 Furthermore, any dispute between the Parties over the interpretation of this Protocol and its Annexes or its application shall be the subject of consultations between the Parties within the Joint Committee, in a special meeting if necessary.

3 Application of the Protocol may be suspended at the initiative of one of the Parties if the dispute between the two Parties is deemed to be serious and if the consultations held within the Joint Committee under paragraph 1 have not resulted in an amicable settlement.

4 Suspension of application of this Protocol shall require the interested Party to notify its intention in writing at least 3 months before the date on which suspension is due to take effect.

5 In the event of suspension, the Parties shall continue to consult with a view to finding an amicable settlement to their dispute. Where such settlement is reached, application of the Protocol shall resume and the amount of the financial contribution shall be reduced proportionately and pro rata temporis to the period during which application of the Protocol was suspended.

Subject to Article 4 of this Protocol, if Guinea-Bissau fails to honour its undertaking to work towards responsible and sustainable fishing, in particular by complying with annual fisheries management plans drawn up by the Government of Guinea-Bissau, application of this Protocol may be suspended in accordance with Article 11(3) and (4).

Subject to Article 4, if the European Union fails to make the payments provided for in Article 2, application of this Protocol may be suspended on the following terms: (a) the competent Guinea-Bissau authorities shall notify the European Commission of the non-payment. The European Commission shall carry out the necessary checks and, where necessary, transmit the payment within no more than 30 working days of the date of receipt of the notification; (b) if no payment is made and non-payment is not adequately justified within the period provided for in point (a), the competent Guinea-Bissau authorities shall be entitled to suspend application of this Protocol. They shall inform the European Commission of such action forthwith. Application of this Protocol shall resume as soon as the payments concerned have been made.

1 This Protocol with its Annexes shall enter into force on the date on which the parties notify each other of the completion of the procedures necessary for that purpose.

2 They shall apply with effect from 16 June 2011.

3 This Protocol and its Annexes shall apply for a period of 1 year from its provisional application onwards. The Parties undertake to begin negotiations to conclude a new Protocol aimed at replacing this Protocol on its expiry as soon as possible. The Parties shall attempt to conclude these negotiations within 9 months at most, that is, no later than 15 March 2012.