Council Regulation (EEC) No 707/83 of 28 March 1983 on the conclusion of the Agreement between the European Economic Community and the Government of the Republic of Guinea Bissau on fishing off the coast of Guinea Bissau

THE COUNCIL OF THE EUROPEAN COMMUNITIES

Having regard to the Treaty establishing the European Economic Community, and in particular Article 43 thereof,

Having regard to the proposal from the Commission(1),

Having regard to the opinion of the European Parliament(2),

Whereas negotiations have taken place between the Community and Guinea Bissau, in accordance with the second paragraph of Article 17 of the Agreement between the Government of the Republic of Guinea Bissau and the European Economic Community on fishing off the coast of Guinea Bissau(3), to deter nine the amendments or additions to be made to the Annex thereto or to the Protocol referred to in Article 9 thereof;

Whereas, as a result of these negotiations, an amending Agreement was signed on 15 March 1983;

Whereas it is in the Community's interest to approve that Agreement,

HAS ADOPTED THIS REGULATION:

The Agreement amending the Agreement between the European Economic Community and the Government of the Republic of Guinea Bissau on fishing off the coast of Guinea Bissau is hereby approved on behalf of the Community.

The text of the Agreement is attached to this Regulation.

The President of the Council shall give the notification provided for in Article 2 of the Agreement.

This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 28 March 1983.

THE PARTIES TO THIS PROTOCOL,

Having regard to the Agreement between the European Economic Community and the Government of the Republic of Guinea Bissau on fishing off the coast of Guinea Bissau, signed in Brussels on 27 February 1980,

HAVE AGREED AS FOLLOWS:

This Protocol shall cover fishing activities extending over a period of three years from the date of its entry into force in 1983.

The limits referred to in Article 4 shall be as follows for each year of application of this period;

7 500 GRT. During each year of application, a proportion of this tonnage may be used in such a way that its equivalent, in terms of an annual average, does not exceed 3 500 GRT.

The Community shall also, for the period referred to in Article 1, contribute a maximum of 250 000 ECU towards the financing of a Guinea Bissau scientific programme to improve information on the fishery resources within the fishing zone of the Republic of Guinea Bissau

Should the Community fail to make the payments provided for in this Protocol, the Agreement on fishing shall be suspended.

This Protocol shall enter into force on the date on which the Parties notify each other of the completion of the procedures necessary for this purpose.

The procedure for applications for, and issue of, the annual licences enabling vessels flying the lags of Member States of the Community to fish in Guinea Bissau's fishing zone shall be as follows:

The relevant Community authorities shall present to the Office of the Secretary of State for Fisheries of the Republic of Guinea Bissau, via the Delegation of the Commission of the European Communities in Guinea Bissau, an application for each vessel that wishes to fish under this Agreement, at least 30 days before the date of commencement of the period of validity requested.

The applications shall be made on the forms provided for that purpose by the Government or the Republic of Guinea Bissau. A specimen is given under A1 below.

(a) Applications shall be accompanied by proof of a banker's guarantee covering an amount equal to the fee due for each licence, which shall be forfeited to the Guinea Bissau authorities if the licence is not used.

(d) As from a date to be determined and on the basis of conditions to be determined within the Joint Committee the payment of fees may be replaced wholly or in part by the supply of fish.

(a) The fees shall be set at 20 ECU per tonne fished within Guinea Bissau's fishing zone.

The relevant authorities of Guinea Bissau shall inform the Community authorities of their decisions.

The two Parties agree that an essential condition for the success of their cooperation is that the competence and know-how of persons engaged in sea fishing should be improved. To this end, the Community shall make it easier for nationals of Guinea Bissau to find places in establishments in its Member States and shall provide for that purpose, in the various scientific, technical and economic subjects connected with fisheries, 10 study and training grants for three-year periods or the equivalent for one-year periods.

“3. Eight Guinea Bissau seamen shall be taken on board the wet tuna vessel fleet during the tuna fishing season in Guinea Bissau waters under conditions to be determined within the Joint Committee.”’

This Agreement shall enter into force on the date on which the Parties notify each other of the completion of the procedures necessary for this purpose.