Proposal for a COUNCIL DECISION on the conclusion of the Agreement in the form of an exchange of letters concerning the provisional application of the Protocol establishing, for the period from 1 January 1996 to 31 December 1997, the fishing rights and financial compensation provided for in the Agreement between the European Community and the Government of the Republic of Guinea on fishing off the Guinean coast
* it COMMISSION OF THE EUROPEAN COMMUNITIES Brussels, 20. 03. 1996 COM(96) 111 final 96/0084 (CNS) Proposal for a COUNCIL DECISION on the conclusion of the Agreement in the form of an exchange of letters concerning the provisional application of the Protocol establishing, for the period from 1 January 1996 to 31 December 1997, the fishing rights and financial compensation provided for in the Agreement between the European Community and the Government of the Republic of Guinea on fishing off the Guinean coast Proposal for a rOTINCTL REGULATION (EC) on the conclusion of the Protocol establishing, for the period 1 January 1996 to 31 December 1997, the fishing rights and financial compensation provided for in the Agreement between the European Community and the Government of the Republic of Guinea on fishing off the Guinean coast (presented by the Commission) EXPLANATORY MEMORANDUM The Protocol annexed to the fisheries agreement between the European Community and the Republic of Guinea expired on 31 December 1995. A new Protocol was initialled by the two parties on 6 December 1995 establishing the technical and financial conditions under which Community fishing vessels can fish in Guinea waters in the period 1 January 1996 to 31 December 1997. The Commission is accordingly proposing that the Council should adopt: by means of a Decision, the draft Agreement in the form of an exchange of letters concerning the provisional application of the new Protocol pending its final entry into force, by means of a Regulation, the Protocol establishing the fishing opportunities and the associated technical and financial conditions agreed between the Community and Guinea-Bissau for the period 1 January 1996 to 31 January 1997. COUNCIL DECISION of on the conclusion of the Agreement in the form of an exchange of letters concerning the provisional application of the Protocol establishing, for the period from 1 January 1996 to 31 December 1997, the fishing rights and financial compensation provided for in the Agreement between the European Community and the Government of the Republic of Guinea on fishing off the Guinean coast THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, Having regard to the Agreement between the European Community and the Government of the Republic of Guinea on fishing off the Guinean coast, and in particular Article 15 thereof ('), Having regard to the proposal from the Commission, Whereas, in accordance with the second subparagraph of Article 15 of the aforesaid Agreement, the Community and the Republic of Guinea conducted negotiations to determine the amendments or additions to be made to the Agreement at the end of the period of application of the Protocol annexed to the Agreement; Whereas, as a result of the these negotiations, a new Protocol was initialled on 6 December 1995; Whereas, under that Protocol, Community fishermen have fishing rights in the waters under the sovereignty or jurisdiction of the Republic of Guinea for the period from 1 January 1996 to 31 December 1997; Whereas, in order to avoid any interruption in the fishing activities of Community vessels, it is essential that the new Protocol be applied as soon as possible; whereas, for this reason, the two Parties initialled an Agreement in the form of an exchange of letters providing for the provisional application of the initialled Protocol from the day following the date of expiry of the current Protocol; Whereas the Agreement in the form of an exchange of letters should be approved, pending a final decision taken on the basis of Article 43 of the Treaty, HAS DECIDED AS FOLLOWS: Article 1 The Agreement in the form of an exchange of letters concerning the provisional application of the Protocol establishing, for the period from 1 January 1996 to 31 December 1997, the fishing rights and financial compensation provided for in the Agreement between the European Community and the Government of the Republic of Guinea on fishing off the Guinean coast is OJ NoL 111, 27. 4. 1983, p. 1. A: ;eby approved on behalf of the Community. The texts of the Agreement in the form of an exchange of letters and of the Protocol are attached to this Decision. Article 2 The President of the Council is hereby authorized to designate the persons empowered to sign the Agreement in the form of an exchange of letters in order to bind the Community. Done at Luxembourg. For the Council ! The President AGREEMENT IN THE FORM OF AN EXCHANGE OF LETTERS CONCERNING THE PROVISIONAL APPLICATION OF THE PROTOCOL ESTABLISHING, FOR THE PERIOD FROM 1 JANUARY 1996 TO 31 DECEMBER 1997, THE FISHING RIGHTS AND FINANCIAL COMPENSATION PROVIDED FOR IN THE AGREEMENT BETWEEN THE EUROPEAN COMMUNITY AND THE GOVERNMENT OF THE REPUBLIC OF GUINEA ON FISHING OFF THE GUINEAN COAST A. Letter from the Government of the Republic of Guinea Sir, With reference to the Protocol initialled on 6 December 1995, establishing fishing rights and financial compensation for the period from 1 January 1996 to 31 December 1997, I have the honour to inform you that the Government of the Republic of Guinea is ready to apply this Protocol on a provisional basis, with effect from 1 January 1996, pending its entry into force in accordance with Article 9 of the said Protocol, provided that the European Community is disposed to do the same. This is on the understanding that the first instalment of the financial compensation specified in Article 2 of the Protocol is paid by 31 May 1996. I should be obliged if you would confirm the European Community's agreement to such provisional application. Please accept, Sir, the assurance of my highest consideration. For the Government of the Republic of Guinea 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 6 December 1995, establishing fishing rights and financial compensation for the period from 1 January 1996 to 31 December 1997, I have the honour to inform you that the Government of the Republic of Guinea is ready to apply this Protocol on a provisional basis, with effect from 1 January 1996, pending its entry into force in accordance with Article 9 of the said Protocol, provided that the European Community is disposed to do the same. This is on the understanding that the first instalment of the financial compensation specified in Article 2 of the Protocol is paid by 31 May 1996. I should be obliged if you would confirm the European Community's agreement to such provisional application. " I have the honour to confirm the European Community's agreement to this provisional application of the Protocol. Please accept, Sir, the assurance of my highest consideration. On bnfenlf of thm Council thm tvrqnnen Onion 5 Proposal for a COUNCIL REGULATION (EC) on the conclusion of the Protocol establishing, for the period 1 January 1996 to 31 December 1997, the fishing rights and financial compensation provided for in the Agreement between the European Community and the Government of the Republic of Guinea on fishing off thé Guinean coast THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 43, in conjunction with Article 228(2) and (3) first subparagraph thereof, Having regard to the proposal from the Commission, Having regard to the opinion of the European Parliament,1 Whereas pursuant to the Agreement between the European Community and the Government of the Republic of Guinea on fishing off the Guinean coast,2 the two Parties conducted negotiations to determine the amendments or additions to be made to the Agreement at the end of the period of application of the Protocol annexed to the Agreement; Whereas, as a result of these negotiations, a new Protocol establishing, for the period 1 January 1996 to 31 December 1997, the fishing rights and financial compensation provided for in the abovementioned Agreement was initialled on 6 December 1995; Whereas it is in the Community's interest to approve the new Protocol, HAS ADOPTED THIS REGULATION: Article 1 The Protocol establishing, for the period 1 January 1996 to 31 December 1997, the fishing rights and financial compensation provided for in the Agreement between the European Community and the Government of the Republic of Guinea on fishing off the Guinean coast is hereby approved on behalf of the Community. The text of the Protocol is attached to this Regulation. i 2 O J No O J N oL 111,27. 4. 1983, p. 1. Article 2 The President of the Council is hereby authorized to designate the persons empowered to sign the Protocol in order to bind the Community. Article 3 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 For the Council The President PROTOCOL establishing, for the period from 1 January 1996 to 31 December 1997, the fishing rights and financial compensation provided for in the Agreement between the European Community and the Government of the Republic of Guinea on fishing off the Guinean coast Article 1 For a period of two years from 1 January 1996, the fishing rights granted under Article 2 of the Agreement shall be as follows: 1. trawlers (fin-fish, cephalopods and shrimp): 5 000 grt a month, annual average; 2. freezer tuna seiners: 28 vessels; 3. pole-and-line tuna vessels: 7 vessels; 4. surface longliners: 7 vessels. Article 2 1. The financial compensation referred to in Article 8 of the Agreement shall be, for the period referred to in Article 1, ECU 2 450 000, payable in two annual instalments of ECU 1 150 000 and ECU 1 300 000 respectively. 2. The use to which this compensation is put shall be the sole responsibility of the Government of the Republic of Guinea. 3. The compensation shall be paid into an account opened with a financial institution or any other body designated by the Government of the Republic of Guinea. i Article 3 At the request of the Community, the fishing rights referred to in point 1 of Article 1 may be increased by successive instalments of 1 000 grt a month, calculated on an annual average basis. In this case, the financial compensation referred to in Article 2 shall be increased proportionately. Article 4 The Community shall also contribute during the period referred to in Article 1 the sum of ECU 400 000 towards the financing of a Guinean scientific or technical programme to improve information on the fishery resources within the exclusive economic zone of Guinea. This sum shall be made available to the Government of the Republic of Guinea and paid into the account indicated by the Guinean authorities. y Article 5 The two Parties agree that improving the skills and knowledge of those involved in sea-fishing is a vital element in the success of their cooperation. To that end, the Community shall make it easier for nationals of Guinea to find places in establishments in its Member States and shall provide for that purpose 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 country linked with the Community by a cooperation agreement. The total cost of the awards may not exceed ECU 250 000. At the request of the Guinean authorities, part of this sum may be used to cover the costs of participation in international meetings or training courses concerning fisheries or for the organization of seminars on fishing in Guinea. The sum shall be payable as and when it is used. A proportion of the funds provided for in this article, which shall not exceed ECU 100 000, may be used to pay Guinea's contributions to international fisheries organizations. Article 6 The Community shall also contribute to the financing of programmes as follows: ECU 350 000 in aid for fisheries surveillance bodies; ECU 300 000 in institutional aid for the Ministry for Fisheries; ECU 250 000 in aid for non-industrial fishing. These funds shall be made available to the bodies concerned. The ministry shall communicate the bank accounts to which payment is to be made. Article 7 Should the Community fail to make the payments provided for in Articles 2 and 4, the application of this Protocol may be suspended. Article 8 The Annex to the Agreement between the European Community and the Government of the Republic of Guinea on fishing off the Guinean coast is hereby repealed and replaced by the Annex to this Protocol Article 9 This Protocol shall enter into force on the date on which it is signed. It shall be applicable from 1 January 1996. ANNEX CONDITIONS FOR THE EXERCISE OF FISHING ACTIVITIES BY COMMUNITY VESSELS IN GUINEA'S FISHING ZONE A. Licence application and issuing formalities The relevant Community authorities shall present to the fisheries ministry via the Delegation of the Commission of the European Communities in Guinea, an application for each vessel that is to be used for fishing under the 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 fisheries ministry, a specimen of which is attached hereto (Annex 1). Each licence application shall be accompanied by proof of payment of the fee for the period of the licence's validity. Payment shall be made into the account opened with the Public Treasury of Guinea. The fees shall include all national and local charges except for port taxes and service costs. Licences for all vessels shall be issued by the fisheries ministry within 30 days following receipt of proof of payment as laid down above to the shipowners or their representatives via the Delegation of the Commission of the European Communities in Guinea. Licences shall be issued for a specific vessel and shall not be transferable. However, where force majeure is proven and at the request of the European Community, a vessel's licence shall be replaced by a new licence for another vessel whose features are similar to those of the first vessel. The owner of the first vessel shall return the cancelled licence to the fisheries ministry via the Delegation of the Commission of the European Communities. The new licence shall indicate: - the date of issue, - the validity of the new licence, covering the period from the date of arrival of the replacement vessel to the date of expiry of the licence of the replaced vessel. In this case, no fee as laid down in the second subparagraph of Article 5 of the Agreement shall be due for unexpired periods of validity. The licence must be held on board at all times. 4 I. Provisions applicable to trawlers 1. Each vessel shall be obliged to report to the port of Conakry once a year, prior to the issue of the licence, to undergo the inspection laid down by the rules and regulations currently in force. Inspections shall be carried out exclusively by duly authorized persons and must be effected within 24 working hours of arrival of the vessel in port if arrival has been announced at least 48 hours in advance. If the licence is renewed during the same calendar year the vessel shall be exempt from further inspection. 2. Each vessel must be represented by an agent of Guinean nationality, established in Guinea. 3. (a) Licences shall be issued for periods of three, six and twelve months and be renewable. (b) The fees to be paid by shipowners, expressed in ECU/gross registered tonne, shall be as follows. for annual licences: 126 for fin-fish trawlers, 150 for cephalopod trawlers, 152 for shrimp trawlers. for six-month licences: 65 for fin-fish trawlers, 77 for cephalopod trawlers, 78 for shrimp trawlers. for three-month licences: 33 for fin-fish trawlers, 39 for cephalopod trawlers, 40 for shrimp trawlers. However, vessels failing to land 200 kg of fish per grt per year in accordance with the provisions of part C shall be obliged to pay an additional fee of ECU 10 per grt per year. II. Provisions applicable to tuna vessels and surface longliners (a) The annual fees shall be ECU 20 per tonne caught within Guinea's fishing zone. (b) Licences shall be issued following payment to the fisheries ministry of a lump sum of ECU 1 500 a year for each tuna seiner and ECU 300 a year for each pole-and-Iine tuna vessel and surface longliner, equivalent to the fees for: - 75 tonnes of tuna caught per year in the case of seiners, 41 - 15 tonnes caught per year in the case of pole-and-line tuna vessels and surface longliners. The final statement of the fees due for the fishing period shall be drawn up by the Commission of the European Communities at the end of each calendar year on the basis of the catch statements made for each vessel and confirmed by the scientific institutes competent to verify catch data, such as the French Office of Overseas Scientific and Technical Research (Orstom) and the Spanish Institute of Oceanography (IEO). The statement shall be forwarded to the fisheries ministry and to the shipowners at the same time. Any additional payment due shall be made by the shipowners to the fisheries ministry no later than 30 days after notification of the final statement, to be paid into the account opened with the Public Treasury of Guinea. However, if the amount of the final statement is lower than the abovementioned amount, the resulting balance shall not be reimbursable. B. Statement of catch For all Community vessels authorized to fish in Guinea's waters under the Agreement a statement of their catch must be provided to the fisheries ministry, with a copy to the Delegation of the Commission of the European Communities in Guinea, in accordance with the procedures set out below: - for trawlers a statement shall be made out according to the specimen annexed hereto (Annex 2). The statements shall be drawn up each month and presented at least once each quarter, - for tuna seiners, pole-and-line tuna vessels and surface longliners a fishing log shall be kept, in accordance with Annex 3, for each fishing period spent in Guinea's fishing zone. The form must be sent, within 45 days of the end of the fishing voyage spent in the Guinean fishing zone, to the fisheries ministry via the Delegation of the Commission of the European Communities in Guinea. Forms must be completed legibly and be signed by the master of the vessel. Should this provision not be adhered to, the fisheries ministry reserves the right to suspend the licence of the offending vessel until the formality has been complied with. In this case, the Delegation of the Commission of the European Communities in Guinea shall be informed. C. Landing of catch Trawlers authorized to fish in the Guinea fishing zone shall, in order to make a contribution towards supplying the local population with fish caught in the Guinea fishing zone, be obliged to land 200 kg of fish per grt per year free of charge. Landings may be made individually or collectively, mention being made of the vessels concerned. M D. By-catch 1. Fin-fish trawlers may not hold on board species other than fish representing more than 15% of their total catch in the Guinea fishing zone. Cephalopod trawlers may not hold on board crustaceans representing more than 20% or fish representing more than 30% of their total catch in the Guinea fishing zone. Shrimp trawlers may not hold on board cephalopods representing more than 25% or fish representing more than 50% of their total catch in the Guinea fishing zone. A maximum tolerance of 5% of these percentages shall be authorized. These limits shall be indicated on the licence. 2. Pole-and-line tuna vessels shall, moreover, be authorized to fish for live bait in order to carry out their fishing activities in the Guinea fishing zone. E. Signing-on of seamen Owners who have been issued fishing licences under the Agreement shall contribute to the on-the-job vocational training of Guinea nationals, subject to the conditions and limits set out below: (1) Each trawler owner shall undertake to employ: - three Guinean seamen on vessels of up to 350 grt, - a number of Guinean seamen equivalent to 25% of the number of seamen/fishermen signed on for vessels with a tonnage greater than 350 grt. (2) For the fleet of tuna seiners, three Guinean seamen shall be signed on permanently. (3) For the fleet of pole-and-line tuna vessels, three Guinea seamen shall be signed on for the tuna-fishing season in the Guinean fishing zone, all of them to be assigned to different vessels. (4) For the fleet of surface longliners, the shipowners undertake to employ two Guinean seamen per vessel during the fishing season in Guinean waters. (5) The wages of these Guinean seamen shall be fixed, before licences are issued, by mutual agreement between the shipowners or their representatives and the fisheries ministry; the wages shall be borne by the shipowners and must include the social contributions to which the seaman is subject (including life assurance and accident and sickness insurance). Should the seamen not be signed on, owners of tuna seiners, pole-and-line tuna vessels and surface longliners shall be obliged to pay the fisheries ministry a lump sum equivalent to the wages of seamen not signed on in accordance with the provisions of points 2, 3 and 4. This sum will be used for the training of seamen/fishermen in Guinea and is to be paid into an account specified by the fisheries ministry. 43 F. Observers 1. The observers' task shall be to check on fishing activities in the Guinean fishing zone and collect all statistical data on the fishing activities of the vessel concerned. They shall be offered every facility needed to carry out their duties, including access to premises and documents and weekly radio communication of fishing data. 2. Each trawler shall take on board an observer appointed by the fisheries ministry. In the case of trawlers of less than 200 grt, however, a fisherman designated by the fisheries ministry shall act as observer, in which case the master of the vessel shall facilitate the work of this seaman outside the actual fishing operations. Observers shall not normally remain on board for more than two trips. 3. Tuna vessels and surface longliners shall take an observer on board at the request of fisheries ministry. He must not remain on board any longer than is necessary for the accomplishment of his duties. The master of the vessel shall facilitate the work of the observer, who shall be accorded the conditions enjoyed by officers of the vessel. Should observers be taken on board in foreign ports, their travelling costs shall be borne by the shipowner. 4. The pay and social insurance contributions of observers shall be borne by the fisheries ministry. In the case of trawlers, shipowners shall pay to the "Centre National de Surveillance de Pêches" (CNSP) ECU 10 for each day spent on board by an observer as a contribution to the expenses arising from their presence on board. 5. Should a vessel with an observer on board leave the Guinean fishing zone, all measures must be taken to ensure the observer's return to Conakry as soon as possible at the expense of the shipowner. G Inspection and monitoring Any Community vessel fishing in Guinea's zone shall allow on board any official of Guinea responsible for the accomplishment of his duties. This official must not remain on board any longer than is necessary for the verification of catches by random checks and for any other inspection relating to fishing activities. inspection and monitoring and shall assist him in H. Fishing zones All the vessels referred to in Article 1 of the Protocol shall be authorized to fish in waters beyond 10 nautical miles. I. Minimum meshes authorized St The minimum mesh size authorized for the trawl body (mesh fully extended) shall be: (a) 40 mm for shrimps; (b) 50 mm for cephalopods; (c) 60 mm for fin fish. These minimum sizes may be altered to conform to the standardization of the member states of the Subregional Fisheries Commission. Any such alterations shall be examined in the Joint Committee. Fishing with outriggers shall be authorized. J. Entering and leaving the zone All Community vessels fishing under the Agreement in the Guinean zone shall communicate to the radio station of the CNSP the date and time and their position when entering and leaving the Guinea fishing zone. The call sign and operating frequencies and times of the station shall be communicated to the shipowners by the CNSP at the time the licence is issued. In cases where this radio communication cannot be used, vessels may use alternative means, such as fax (CNSP: 1-212-4794-885, the fisheries ministry: 224-413523). K. Boarding of vessels 1. The Delegation of the Commission of the European Communities in Guinea shall be notified within 48 hours of any boarding within the Guinean exclusive economic zone of a fishing vessel flying the flag of a Member State of the Community and operating under an Agreement concluded between the Community and a third country and shall at the same time receive a brief report of the circumstances and reasons leading to the boarding. 2. In the case of vessels authorized to fish in Guinean waters, before any measures regarding the master or the crew of the vessel or any action regarding the cargo and equipment of the vessel are considered, other than those to safeguard evidence relating to the presumed infringement, a consultation meeting shall be held, within 48 hours of receipt of the abovementioned information, between the Delegation of the Commission of the European Communities, the fisheries ministry and the inspection authorities, possibly attended by a representative of the Member State concerned. At the meeting, the Parties shall exchange any relevant documentation or information, in particular automatically registered data showing the vessel's positions during the trip up to the time of boarding, helping to clarify the circumstances of the established facts. The shipowner or his representative shall be informed of the outcome of the meeting and of any measures resulting from the boarding. •15 3. Before any judicial procedure, an attempt shall be made to resolve the presumed infringement through a compromise procedure. This procedure shall end no later than three working days after the boarding. 4. Should the case not be settled by means of compromise, and therefore be brought before a competent judicial body, a bank security shall be fixed by the relevant authority within 48 hours following the conclusion of the compromise procedure, pending the judical decision. The amount of the security must not exceed the amount of the penalty laid down under national legislation for the presumed infringement in question. The bank security shall be returned to the shipowner by the relevant authority once the case is settled without incrimination of the master of the vessel concerned. 5. The vessel and its crew shall be released either: - at the end of the consultation meeting, if the established facts permit, or - once the obligations arising under the compromise have been fulfilled, or - once a bank security is deposited (judicial procedure). * •\ / > / » / • ' ! < / /» / APPLICATION FORM FORA FISHING LICENCE I. , oil,,,. ! ,,sc or. lv Ki mark\ Nationality licence No: Date of si^mn}; D. IIC <)t («. sue: A I TI I C A NI N a me of ( i n n: T r a de remisier No I usl n. ime. Hid s u r n a me ol applicant I). Hi- Hid pi. ICC i ll b l l t ll O c c u p a t i on Address No ol employees N a me. jnd. u l d r t ss ol co signatory VESSII Typc of vessel: N ew n a m e: Date and place of c o n s t r u c t i on O r i g i n al n a t i o n a l i ty R e g i s t r a t i on N< Former name: I ength Beam H o ld Gross tonnage. Net tonnage I ypc ol b u i l d i ng n i. i t e n. i ls M a ke of m am engine 1 \ pe Rating. Propeller laved LJ V a r i a b le L >IK led I I raiiMi speed1 C a ll Slgll (. ill ll'Ci|UCIH \ 1 ISI ol s o u n d i n g, n a v i g a t i ng and ir. nisiiiissioii instruments. R. ul. n L. J Son. i, 1. 1 Ncisonde L j V I II S Sb N c i s i m dc satellite ll. lvi. -. Hion I I i I O i l, 4 CONSERVATION • Ice ami re Inge ran» »« f~~~\ | I Ircc/. ing in'brine I I Dry I J Kclrigt-i. ticd se. i v\atjei [ ] Total rcfrigcr. itnig power: I rec/ing capacity in tonnes/24 hours Hold capactt y I Y PI Ol IISHIiNK, A Demersal Inshore demersal I I Deep-sea demersal 1 I Type of trawl: Cephalopods | J Shrimps | | hsh I I Length of trawl: Headline: Mesh size in the body: Mesh size in the wings: Speed of trawling: B. Deep-sea pelagic (tuna) Pole and line | | No of poles and lines | 1 Seine I I Length of net: Depth of net No of tanks: Capacitv m tonnes C l. onglincs and pots Surface L. J I cngth of lines. No of lines No id pots:. Bottom I. J No ol hooks fl SHORi: INSTALLA I IONS Address and pennu No Name of firm Activities '. Domestic wholesale fish trade I I I. vport I I Type ami No ol wholesale trader's card:. Description of processing and conscivation plant No of employees N/J: Indicate alfuin. iiive answers by a lick m ihe appropriai»- box. D >l <f<îtmrtiuiTf e<tKt*fc s Aui»u>ruation of the M i n i s t ry f or F i s h e r i es OFFICE OF THE SECRETARY OF STATE FOR FISHERIES Name of vessel: Nationality (flag): Appendix 2 S T A T I S T I CS ON C A T CH A ND A C T I V I TY Engine rating: Gross registered tonnage: Wishing j o nc Longitude Latitude | Number ol fi>hing o p r r j n o ns N u m b er ol fishing hours N'ont Y e ar Fish:ng method: Per: of landing: Species of fish "t" *f 13- 13 FINANCIAL STATEMENT 1. 2. 3. TITLE OF OPERATION: New financial Protocol EC/Guinea BUDGET HEADING INVOLVED: B7-800 LEGAL BASIS:Treaty art. 43, in conjunction with art. 228(2) and (3) first subpar. EC/Guinea Agreement (OJ No L 111, 27. 4. 1983) 4. DESCRIPTION OF OPERATION 4. 1 General objective: Protocol and Annex for a two-year period 4. 2 Period covered and arrangements for renewal or extension: 1 January 1996 to 31 December 1997 Arrangements for renewal by negotiations before the Protocol expires. 5. Classification of expenditure or revenue 5. 1 Compulsory 5. 2 Differentiated 6. Type of expenditure or revenue - Other: Financial compensation to a third country in exchange for fishing opportunities granted by it and laid down in the Protocol. 7. FINANCIAL IMPACT 7. 1 Method of calculating total cost of operation (definition of unit costs) see complement to the Protocol Itemised breakdown of cost 7. 2 Breakdown 1996 1997 1. 150. 000 400. 000 250. 000 900. 000 !. 700. 000 1. 300. 000 1. 300. 000 TOTAL current ECUs TOTAL 2. 450. 000 400. 000 250. 000 900. 000 4. 000. 000 olH 7. 3 Schedule for proposed new operation 1996 1997 2. 700. 000 1. 300. 000 Commitment appropriations Payment appropriations 1996 1997 2. 000. 000 2. 000. 000 , ' current ECUs TOTAL 4. 000. 000 2. 000. 000 2. 000. 000 TOTAL 2. 000. 000 2. 000. 000 4. 000. 000 8. FRAUD PREVENTION MEASURES; RESULTS OF MEASURES TAKEN: Since the financial contributions are made by the Community in direct exchange for the fishing possibilities offered, the third country uses them for whatever end it chooses. The exception to this rule is the case of programmes, such as the scientific programmes, where under the dispositions of the Agreement, Mauritania will furnish reports to the Community. In addition, the Member States whose vessels operate under this Agreement must certify to the Commission the exactitude of the data indicated in the tonnage certificates of the vessels so that the licence fees may be calculated on a guaranteed basis. To for Community vessels. includes catch declarations the Agreement that end, 9. ELEMENTS OF COST-EFFECTIVENESS ANALYSIS: In terms of the benefits of this agreement, it is clear that the value of the catches of the main commercial species far exceeds the cost of 4. 0 MECU. In addition to the direct commercial value of the catches of the vessels concerned, there are the following evident benefits from this Agreement: guaranteed employment aboard the fishing vessels; multiplier employment effect in the ports, auctions rooms, processing factories, shipyards, service industries, etc. ; these employment opportunities are in regions where no other opportunities are available; contribution to the supply of fish to the Community. Obviously, in addition to those benefits, one must take account of the importance of our relations with Guinea in the fisheries field and our overall political relations. 10. ADMINISTRATIVE EXPENDITURE (part A of the budget): No incidence on administrative expenditure. 05 ISSN 0254-1475 COM(96} 111 final DOCUMENTS EN 03 U Catalogue number : CB-CO-96-121-EN-C ISBN 92-78-01721-3 Office for Official Publications of the European Communities L-2985 Luxembourg I