(Consultation procedure)

The European Parliament,

–   having regard to the proposal for a Council decision (COM(2003) 765)(1),

–   having regard to Article 37 and Article 300(3), first subparagraph, of the EC Treaty, pursuant to which the Council consulted Parliament (C5-0024/2004),

–   having regard to Rules 67 and 97(7) of its Rules of Procedure,

–   having regard to the report of the Committee on Fisheries and the opinions of the Committee on Budgets and the Committee on Development and Cooperation (A5-0164/2004),

1.  Approves the Commission proposal as amended and approves conclusion of the protocol;

2.  Instructs its President to forward its position to the Council and Commission, and the governments and parliaments of the Member States and the Republic of Guinea.

Text proposed by the Commission   Amendments by Parliament Amendment 1 Recital 4a (new) (4a) The protocol must meet all criteria of applicable treaties concerning fisheries, development and the environment signed by the European Union. Amendment 2 Recital 4b (new) (4b) The protocol must guarantee that additional fishing opportunities are subject to the participation of local fishermen and companies and the availability of tangible evidence of the practice of sustainable management in economic, social and environmental terms in the fishing area. Amendment 3 Recital 4c (new) (4c) The protocol must assure that the Government of the Republic of Guinea spend the compensation in order to improve the economic, social and environmental situation of the people of the Republic of Guinea. Amendment 4 Recital 4d (new) (4d) The protocol must protect the interest of local coastal communities living on fisheries whereas they are often not in the position to do so for themselves. Amendment 5 Recital 4e (new) (4e) The protocol must seek that the European Community, in contributing financially towards the reinforcement of fisheries surveillance activities, effectively assures the fight against illegal fishing. Amendment 6 Recital 4f (new) (4f) The protocol must guarantee that the joint ventures set up between Community operators and Guinean operators encourage the participation of the local community and improve the economic situation of the people of the Republic of Guinea. Amendment 7 Recital 4g (new) (4g) The protocol must guarantee the protection of mammals and birds from nets and long lines by use of any environmentally-friendly methods. Amendment 8 Recital 4h (new) (4h) The protocol must look at the possibilities for developing a surveillance policy with neighbouring countries to provide better collaboration and protection of fish stocks in the region. Amendment 9 Article 2a (new) Article 2a Levels of fishing opportunities for all fleet segments in the present protocol should be re-evaluated following the conclusions of the scientific sub-committee of the Fishery Committee for the Eastern Central Atlantic (CECAF), meeting in February 2004. Amendment 10 Article 2b (new) Article 2b In the course of the protocol's application, and before the start of negotiations on its possible renewal, the Commission shall submit to the European Parliament and the Council a general assessment report including a cost benefit analysis and an evaluation on the implementation of the targeted measures. Amendment 11 Article 2c (new) Article 2c Fishing opportunities for fin-fish and cephalopod trawlers should be considered in 2005 or 2006, in the light of evidence of the status of all stocks affected. Amendment 12 Article 2d (new) Article 2d Fishing opportunities for fin-fish and cephalopod trawlers should not be increased in 2005 or 2006 unless there is clear and unequivocal evidence of a significant improvement in the status of all stocks affected by these fleets. The European Parliament should be consulted on any increase and should be provided with the scientific justification. Amendment 13 Article 2e (new) Article 2e The Council shall, on the basis of the report referred to in Article 2b and taking account of the European Parliament's opinion thereon, authorise the Commission, where appropriate, to start negotiations with a view to the adoption of a new protocol. Amendment 14 Article 2f (new) Article 2f The Commission will produce by the end of 2004 a study into the possible means of converting sums currently included as "targeted measures" into specific projects funded by the Commission that are subject to proper auditing with verification of the project results. Amendment 15 Article 2g (new) Article 2g The Commission shall report on the feasibility of funding a coordinated, regional surveillance programme in the waters of CECAF that would include both aerial and maritime components. Amendment 16 Article 2h (new) Article 2h In cases where Member States fail to submit to the Commission data on catches by vessels flying their flag, the Commission should consider initiating legal proceedings against the offending Member States and, if the situation persists, revoking access rights.

(1) Not yet published in OJ.