20071204

Fisheries Partnership Agreement

between the European Community and the Republic of Guinea-Bissau for the period 16 June 2007 to 15 June 2011

THE EUROPEAN COMMUNITY, hereinafter referred to as "the Community",

and

THE REPUBLIC OF GUINEA-BISSAU, hereinafter referred to as "Guinea-Bissau",

hereinafter referred to as "the Parties",

CONSIDERING the close working relationship between the Community and Guinea-Bissau, particularly in the context of the Cotonou Agreement establishing a relationship of close cooperation between the European Community and its Member States, of the one part, and Guinea-Bissau, of the other part, and their mutual desire to intensify that relationship,

RECALLING that the Community and Guinea-Bissau are signatories to the United Nations Convention on the Law of Sea and that, in accordance with that Convention, Guinea-Bissau has established an exclusive economic zone extending 200 nautical miles from its shores within which it exercises its sovereign rights for the purpose of exploring, conserving and managing that zone,

DETERMINED to apply the decisions and recommendations of the International Commission for the Conservation of Atlantic Tunas, hereinafter referred to as "ICCAT", the CECAF or any other regional or international organisation in this area of which the two Parties are members or in which they are represented,

DETERMINED to cooperate, in their mutual interest, in particular on the basis of the principles established by the Code of conduct for responsible fisheries adopted at the FAO Conference in 1995, in promoting the introduction of responsible fisheries to ensure the long-term conservation and sustainable exploitation of marine living resources, in particular by reinforcing the control system covering fishing activities as a whole, in order to ensure the effectiveness of the measures for the development and conservation of these resources, and the protection of the marine environment,

AFFIRMING that the exercise by coastal States of their sovereign rights in the waters within their jurisdiction over the living resources thereof for the purposes of exploring, exploiting, conserving and managing those resources must be in accordance with the principles of international law,

CONVINCED that the achievement of their respective economic and social objectives in the fisheries sector will be furthered by close cooperation in scientific and technical research in that sector on terms ensuring the conservation and rational exploitation of fish stocks,

CONVINCED that such cooperation must take the form of initiatives and measures which, whether taken jointly or separately, are complementary and ensure consistent policies and synergy of effort,

FIRMLY COMMITTED to responsible and sustainable fishing,

DECIDED, to these ends, to contribute, within the framework of Guinea-Bissau's sectoral fisheries policy, to promoting the development of a partnership with a view in particular to identifying the most appropriate means of ensuring that this policy is effectively implemented and that economic operators and civil society are involved in the process,

DESIROUS of establishing terms and conditions governing the fishing activities of Community vessels in Guinea-Bissau fishing zones and Community support for the introduction of responsible fishing in those fishing zones,

RESOLVED to pursue closer economic cooperation in the fishing industry and related activities through the setting up and development of investments in Guinea-Bissau involving companies from both Parties,

HEREBY AGREE AS FOLLOWS:

Article 1

Scope

This Agreement establishes the principles, rules and procedures governing:

- economic, financial, technical and scientific cooperation in the fisheries sector with a view to establishing responsible fishing in Guinea-Bissau fishing zones to guarantee the conservation and sustainable exploitation of fisheries resources and develop the Guinea-Bissau fisheries sector,

- the conditions governing access by Community fishing vessels to Guinea-Bissau fishing zones,

- the arrangements for policing fisheries in Guinea-Bissau fishing zones with a view to ensuring that the above rules and conditions are complied with, that the measures for the conservation and management of fish stocks are effective and that illegal, undeclared and unregulated fishing is prevented,

- partnerships between companies aimed at developing economic activities in the fisheries sector and related activities, in the common interest.

Article 2

Definitions

For the purposes of this Agreement, including the Protocol and the Annexes thereto:

(a) "Guinea-Bissau fishing zones" means the waters over which Guinea-Bissau has sovereignty or jurisdiction. The fishing activities by Community vessels provided for in this Agreement shall be carried out only in the zones in which fishing is authorised under Guinea-Bissau law;

(b) "the Ministry" means the Government department responsible for the fisheries sector;

(c) "Community authorities" means the European Commission;

(d) "Community vessel" means a fishing vessel flying the flag of a Member State of the Community and registered in the Community;

(e) "Joint Committee" means a committee made up of representatives of the Community and Guinea-Bissau whose functions are described in Article 10 of this Agreement;

(f) "surveillance authority" means the fisheries surveillance directorate;

(g) "the Delegation" means the Delegation of the European Commission to Guinea-Bissau;

(h) "ACP seamen" means any seamen who are nationals of a non-European signatory to the Cotonou Agreement. To this end, a Guinea-Bissau seaman is an ACP seaman;

(i) "shipowner" means any person legally responsible for a fishing vessel.

Article 3

Principles and objectives underlying this Agreement

1. The Parties hereby undertake to promote responsible fishing and sustainable exploitation of fisheries resources in Guinea-Bissau fishing zones based on the principle of non-discrimination between the different fleets fishing in those waters.

2. The Parties undertake to establish the principles of dialogue and of prior consultations, in particular as regards implementation of Guinea-Bissau's sectoral fisheries policy on the one hand and of Community policies and measures which could have an impact on the Guinea-Bissau fishing industry on the other.

3. The Parties hereby undertake to ensure that this Agreement is implemented in accordance with the principles of good economic and social governance.

4. The Parties shall also cooperate in carrying out ex-ante, ongoing and ex-post evaluations of measures, programmes and actions for the implementation of this Agreement.

5. In particular, the employment of Guinea-Bissau and/or ACP seamen on board Community vessels shall be governed by the International Labour Organisation (ILO) Declaration on Fundamental Principles and Rights at Work, which shall apply as of right to the corresponding contracts and general terms of employment. This concerns in particular the freedom of association and the effective recognition of the right to collective bargaining, and the elimination of discrimination in respect of employment and occupation.

Article 4

Scientific cooperation

1. During the period covered by this Agreement, the Community and Guinea-Bissau shall endeavour to monitor the evolution of resources in the Guinea-Bissau fishing zone. A joint scientific meeting shall be held annually to that end, alternately in the Community and in Guinea-Bissau.

2. The two Parties, on the basis of the conclusions of the annual scientific meeting and in the light of the best available scientific advice and the recommendations and resolutions adopted in particular 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.

3. The Parties undertake to consult one other, either directly or within the competent international or regional organisations, to ensure the management and conservation of fisheries resources, and to cooperate in implementing the relevant scientific research.

Article 5

Access by Community vessels to fisheries in Guinea-Bissau fishing zones

1. The fishing activities governed by this Agreement shall be subject to the laws and regulations in force in Guinea-Bissau. The competent Guinea-Bissau authorities shall notify the Commission of any amendments to that legislation. Without prejudice to any provisions which might be agreed between the Parties, Community vessels shall comply with such amendments within one month of their notification.

2. Guinea-Bissau undertakes to authorise Community vessels to engage in fishing activities in its fishing zones in accordance with this Agreement, including the Protocol and Annexes thereto.

3. Guinea-Bissau shall ensure the effective implementation of the fisheries control provisions in the Protocol. Community vessels shall cooperate with the Guinea-Bissau authorities responsible for carrying out such control.

4. The Community undertakes to take all the appropriate steps required to ensure that its vessels comply with this Agreement and the legislation governing fisheries in the waters over which Guinea-Bissau has jurisdiction, in accordance with the United Nations Convention on the Law of the Sea.

Article 6

Conditions governing fishing activities

1. Community vessels may fish in Guinea-Bissau fishing zones only if they are in possession of a fishing licence issued under this Agreement. The exercise of fishing activities by Community vessels shall be subject to the holding of a licence issued by the competent Guinea-Bissau authorities at the request of the competent Community authorities. The procedures for the issue of licences and for the payment of fees and contributions to scientific observers' expenses, and other conditions to which fishing activities by Community vessels in Guinea-Bissau fishing zones are subject, are set out in the Annexes hereto.

2. For fishing categories not covered by the Protocol in force, and for exploratory fishing, the Ministry may grant fishing authorisations to Community vessels. However, the granting of these licences remains dependent on a favourable opinion from the two Parties.

3. The Protocol to this Agreement sets out the fishing opportunities granted by Guinea-Bissau to Community vessels in Guinea-Bissau fishing zones and the financial contribution referred to in Article 7 of this Agreement.

4. The Parties shall ensure the proper implementation of these procedures and conditions by appropriate administrative cooperation between their competent authorities.

Article 7

Financial contribution

1. The Community shall grant Guinea-Bissau a financial contribution in accordance with the terms and conditions laid down in the Protocol and Annexes. This single contribution shall be based on two elements, namely:

(a) a financial contribution due for access by Community vessels to Guinea-Bissau fishing zones, without prejudice to the fees due by Community vessels to obtain licences;

(b) Community financial support for implementing a national fisheries policy based on responsible fishing and on the sustainable exploitation of fisheries resources in Guinea-Bissau waters.

2. The financial support referred to in paragraph 1(b) shall be determined by mutual agreement in accordance with the Protocol in the light of objectives identified by the two Parties to be achieved in the context of the sectoral fisheries policy in Guinea-Bissau.

3. The financial contribution granted by the Community shall be paid each year in accordance with the Protocol and subject to this Agreement and the Protocol in the event of any change to the amount of the contribution as a result of:

(a) serious circumstances, other than natural phenomena, preventing fishing activities in Guinea-Bissau waters;

(b) a reduction in the fishing opportunities granted to Community vessels, made by mutual agreement for the purposes of managing the stocks concerned, where this is considered necessary for the conservation and sustainable exploitation of resources on the basis of the best available scientific advice;

(c) an increase in the fishing opportunities granted to Community vessels, made by mutual agreement between the Parties where the best available scientific advice concurs that the state of resources so permits;

(d) a reassessment of the terms of Community financial support for implementing a sectoral fisheries policy in Guinea-Bissau, where this is warranted by the results of the annual and multiannual programming observed by both Parties;

(e) termination of this Agreement under Article 14;

(f) suspension of the application of this Agreement under Article 15 or the Protocol.

Article 8

Promoting cooperation among economic operators

1. The Parties shall encourage economic, scientific and technical cooperation in the fisheries sector and related sectors. They shall consult one another with a view to coordinating the different measures that might be taken to this end.

2. The Parties shall encourage exchanges of information on fishing techniques and gear, preservation methods and the industrial processing of fishery products.

3. The Parties shall endeavour to create conditions favourable to the promotion of relations between their enterprises in the technical, economic and commercial spheres, by encouraging the establishment of an environment favourable to the development of business and investment.

4. The Parties shall encourage, in particular, the promotion of investments in their mutual interest, in compliance with Guinea-Bissau and Community law.

Article 9

Administrative cooperation

The Parties, desirous of ensuring the effectiveness of the measures for the development and conservation of fishery resources, shall:

- develop administrative cooperation with a view to ensuring that their vessels comply with the provisions of this Agreement and with Guinea-Bissau's sea fisheries rules, each on its own behalf,

- cooperate to prevent and combat illegal, undeclared and unregulated fishing, in particular through the exchange of information and close administrative cooperation.

Article 10

Joint Committee

1. A Joint Committee set up between the two Parties shall be responsible for monitoring the application of this Agreement. The Joint Committee shall perform the following functions:

(a) monitoring the performance, interpretation and smooth operation of the application of the Agreement, and the settlement of disputes;

(b) monitoring and evaluating the implementation of the contribution of the Fisheries Partnership Agreement to the implementation of Guinea-Bissau's sectoral fisheries policy;

(c) providing the necessary liaison for matters of mutual interest relating to fisheries;

(d) acting as a forum for the amicable settlement of any disputes regarding the interpretation or application of the Agreement;

(e) reassessing, where necessary, the level of fishing opportunities and, consequently, of the financial contribution;

(f) fixing the practical arrangements for the administrative cooperation provided for in Article 9 of this Agreement;

(g) monitoring and evaluating the cooperation between economic operators as referred to in Article 8 of this Agreement and proposing, where necessary, ways of promoting it;

(h) any other function that the Parties decide by mutual agreement to confer on it, including with regard to combating illegal fishing and administrative cooperation.

2. The Joint Committee shall meet at least once a year, alternately in Guinea-Bissau and in the Community, and shall be chaired by the Party hosting the meeting. It shall hold a special meeting at the request of either of the Parties.

Article 11

Area of application

This Agreement shall apply, on the one hand, to the territories in which the Treaty establishing the European Community applies, under the conditions laid down in that Treaty, and, on the other, to the territory of Guinea-Bissau and the waters under Guinea-Bissau jurisdiction.

Article 12

Duration

This Agreement shall apply for four years from the date of its entry into force. It shall be renewable for four-year periods unless notice of termination is given in accordance with Article 14.

Article 13

Settlement of disputes

The Parties shall consult each other within the Joint Committee on any dispute concerning the application of this Agreement.

Article 14

Termination

1. This Agreement may be terminated by either Party in the event of unusual circumstances such as the degradation of the stocks concerned, the discovery of a reduced level of exploitation of the fishing opportunities granted to Community vessels, or failure to comply with undertakings made by the Parties with regard to combating illegal, unreported and unregulated fishing.

2. The Party concerned shall notify the other Party in writing of its intention to terminate the Agreement at least six months before the date of expiry of the initial period or each additional period.

3. Dispatch of the notification referred to in paragraph 2 shall open consultations by the Parties.

4. Payment of the financial contribution referred to in Article 7 for the year in which the termination takes effect shall be reduced proportionately and pro rata temporis.

Article 15

Suspension

1. Application of this Agreement may be suspended at the initiative of one of the Parties in the event of a serious disagreement as to the application of provisions laid down in the Agreement. Suspension of application of the Agreement shall require the interested Party to notify its intention in writing at least three months before the date on which suspension is due to take effect. On receipt of this notification, the Parties shall enter into consultations with a view to resolving their differences amicably.

2. Payment of the financial contribution referred to in Article 7 shall be reduced proportionately and pro rata temporis, according to the duration of the suspension, without prejudice to Article 9(4) of the Protocol.

Article 16

Protocol and Annexes

The Protocol, the Annexes and the Appendices thereto shall form an integral part of this Agreement.

Article 17

National law

The activities of Community vessels operating in Guinea-Bissau waters shall be governed by the applicable law in Guinea-Bissau, unless otherwise provided in the Agreement, this Protocol and the Annex and Appendices thereto.

Article 18

Repeal

On the date of its entry into force, this Agreement shall repeal and replaces the Agreement between the Government of the Republic of Guinea-Bissau and the European Economic Community on fishing off the coast of Guinea-Bissau which entered into force on 29 August 1980.

However, the Protocol setting out for the period from 16 June 2007 to 15 June 2011 the fishing opportunities and financial contribution provided for in the Agreement shall remain in force during the period referred to in Article 1(1) thereof and shall become an integral part of this Agreement.

Article 19

Entry into force

This Agreement, drawn up in duplicate in the Bulgarian, Spanish, Czech, Danish, German, Estonian, Greek, English, French, Italian, Latvian, Lithuanian, Hungarian, Maltese, Dutch, Polish, Portuguese, Romanian, Slovak, Slovenian, Finnish and Swedish languages, each of these texts being equally authentic, shall enter into force on the date on which the Parties notify each other that they have completed the necessary procedures to that end.

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