# EUR-Lex - 52013PC0465 - EN

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# 52013PC0465

**Proposal for a COUNCIL DECISION on conclusion of the Protocol between the European Union and the Gabonese Republic setting out fishing opportunities and the financial contribution provided for in the Fisheries Partnership Agreement between the two Parties currently in force /* COM/2013/0465 final - 2013/0216 (NLE) */**

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EXPLANATORY MEMORANDUM

1.           CONTEXT OF THE PROPOSAL

On the basis
of the powers conferred on it by the Council, the European Commission has
conducted negotiations with the Gabonese Republic with a view to renewing the
Protocol to the Fisheries Partnership Agreement between the European Community
and the Gabonese Republic. At the end of those negotiations, a new draft
Protocol was initialled by the negotiators on 24 April 2013. The new Protocol
covers a period of three years from the date of provisional application laid
down in Article 14, that being the date on which this new Protocol is signed.

The main aim
of the Protocol to the Agreement is to provide fishing opportunities for
EU vessels in Gabonese waters within the limits of the available surplus,
in accordance with the best available scientific advice and recommendations of
the International Commission for the Conservation of Atlantic Tunas (ICCAT).
The Commission's negotiating position was based in part on the results of an
ex-post evaluation carried out by external experts.

The general
aim is to enhance the cooperation between the European Union and the Gabonese
Republic, thereby creating a partnership framework within which to develop a
sustainable fisheries policy and sound exploitation of fishery resources in the
Gabonese fishing zone, in the interests of both Parties.

More particularly, the Protocol provides
for fishing opportunities in the following categories:

–
27 freezer tuna seiners

–
8 pole-and-line tuna vessels

The Commission proposes, on this basis,
that the Council, with the consent of the Parliament, adopt a Decision
concluding the Agreement.

2.           RESULTS OF CONSULTATIONS
WITH THE INTERESTED PARTIES AND IMPACT ASSESSMENTS

The interested parties were consulted
during the evaluation of the Protocol for the period 2005-11. Experts from the
Member States were also consulted in technical meetings. These consultations
concluded that it would be beneficial to maintain a fishing protocol with the
Gabonese Republic.

3.           LEGAL ELEMENTS OF THE
PROPOSAL

This procedure
is being initiated in parallel with the procedures relating to the Council
Decision adopting the provisional application of the Protocol itself, as well
as with the Council Regulation concerning the allocation of the fishing
opportunities between EU Member States.

4.           BUDGETARY IMPLICATIONS

The annual
financial contribution of EUR 1 350 000 is based on: (a) a reference
tonnage of 20 000 tonnes, for an amount of EUR 900 000 linked to
access and (b) support for the development of the sectoral fisheries policy of
the Gabonese Republic amounting to EUR 450 000. This support meets
the objectives of the national fisheries policy and in particular the needs of
the Gabonese Republic in the fight against illegal fishing and the
implementation of the national fisheries strategy.

2013/0216 (NLE)

Proposal for a

COUNCIL DECISION

on conclusion of the Protocol between the
European Union and the Gabonese Republic setting out fishing opportunities and
the financial contribution provided for in the Fisheries Partnership Agreement
between the two Parties currently in force

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the
Functioning of the European Union, and in particular Article 43(2) in
conjunction with Article 218(6)(a) and (7) thereof,

Having regard to the proposal from the
European Commission,

After transmission of the draft legislative
act to the national Parliaments,

Having regard to the consent of the
European Parliament[1],

Whereas:

(1)
The Council approved the Fisheries Partnership
Agreement between the Gabonese Republic and the European Community by
Regulation (EC) No 450/2007[2].

(2)
On 7 November 2006 the Council adopted Decision
2006/788/EC on the conclusion of the Agreement in the form of an Exchange of
Letters on the provisional application of the Protocol setting out the fishing
opportunities and financial contribution provided for in the Fisheries
Partnership Agreement between the European Community and the Gabonese Republic
on fishing off the coast of Gabon for the period from 3 December 2005 to
2 December 2011[3].

(3)
The European Union has negotiated a new Protocol
with the Gabonese Republic granting European Union vessels fishing
opportunities in waters in which the Gabonese Republic exercises its
jurisdiction as regards fishing.

(4)
By Decision 2013/.../EU[4], the Council authorised the
signing and provisional application of the Protocol, subject to its later
conclusion.

(5)
It is in the interest of the EU to implement the
Fisheries Partnership Agreement with Gabon by means of a Protocol establishing
the fishing opportunities, with the corresponding financial contribution, and
setting out the conditions for promoting responsible fishing and sustainable
fisheries in the Gabonese fishing zone. That Protocol should therefore be
approved on behalf of the European Union.

(6)
Article 9 of the Fisheries Partnership Agreement
between the European Union and the Gabonese Republic set up a Joint Committee
to monitor the application of the Agreement and to adopt, where necessary,
changes to the Protocol. With a view to implementing those changes, it is
appropriate to empower the European Commission to approve them under a
simplified procedure,

HAS ADOPTED THIS DECISION:

Article 1

The Protocol between the European Union and
the Gabonese Republic setting out the fishing opportunities and the financial
contribution provided for in the Fisheries Partnership Agreement between the
European Community and the Gabonese Republic is hereby approved on behalf of
the Union.

The text of the Protocol is annexed to this
Decision.

Article 2

The President of the Council shall
designate the person(s) empowered to make the notification on behalf of
the Union, in order to express the consent of the Union to be bound by the
Protocol.

Article 3

The European Commission shall be empowered
to approve the changes made to the Protocol adopted by the Joint Committee, in
accordance with Article 9 of the Fisheries Partnership Agreement between the
European Union and the Gabonese Republic.

Article 4

This
Decision shall enter into force on the day following that of its publication in
the Official Journal of the European Union.

Done at Brussels,

For
the Council

The
President

ANNEX

PROTOCOL

setting out the fishing opportunities and
the financial contribution provided for by the Fisheries Partnership Agreement
between the European Union and the Gabonese Republic

Article 1

Period of
application and fishing opportunities

1. From the date of the provisional application of the Protocol, and
for a period of three (3) years, the fishing opportunities granted under Articles
5 and 6 of the Agreement shall be set out to allow the highly-migratory species
listed in Annex 1 to the United Nations Convention on the Law of the Sea to be
caught, with the exception of those species protected or prohibited by ICCAT or
under Gabonese legislation.

2. From the date of the provisional application of the Protocol,
activities carried out by the following vessels may benefit from fishing
opportunities:

(a) 27 freezer tuna seiners

(b) 8 pole-and-line tuna vessels

This paragraph shall apply subject to Articles 5 and 6 of this
Protocol.

3. Access to fishery resources in Gabonese fishing zones shall be
granted to foreign fleets to the extent that there is a surplus within the
meaning of Article 62 of the United Nations Convention on the Law of the Sea and
having taken into account the operating capacity of the national Gabonese
fleets.

4. Under Article 6 of the Agreement, vessels flying the flag of a
Member State of the European Union may fish in Gabonese fishing zones only if
they are in possession of a fishing authorisation issued under this Protocol in
accordance with Annex 1 hereto.

Article 2

Financial
contribution – Methods of payment

1. For the period referred to in Article 1, the financial
contribution referred to in Article 7 of the Fisheries Partnership Agreement
shall be EUR 1 350 000 per year.

2. The financial contribution comprises:

(a) an annual amount for access to the Gabonese fishing zone of EUR
900 000, equivalent to a reference tonnage of 20 000 tonnes per year,
and

(b) a specific amount of EUR 450 000 per year for support to
and implementation of the Gabonese sectoral fisheries policy.

3. Paragraph 1 shall apply subject to Articles 4, 5, 7 and 9 of this
Protocol.

4. Payment of the financial contribution laid down in paragraph 2(a)
on access by European Union vessels to Gabonese fishery resources shall be made
by the European Union no later than three (3) months after the date of
provisional application of the Protocol for the first year and on the
anniversary of the signing of the Protocol for the following years.

5. The two Parties have agreed to improve the regular monitoring of
catches taken by EU vessels in the Gabonese fishing zone. To this end, over the
course of the fishing season, the EU will regularly analyse data on the catch
and effort of EU fishing vessels operating in the Gabonese fishing zone. The EU
will regularly update Gabon on the outcome of these analyses. In order to
manage the possibility of the reference tonnage being exceeded, the EU shall
inform its Member States and Gabon as soon as the total registered catch in the
Gabonese fishing zone reaches 80 % of the reference
tonnage of 20 000 tonnes.

6. As soon as the overall catch quantity reaches 80 % of the reference tonnage, a meeting of the Joint Committee shall
be held in order to establish how Gabon shall receive the additional payment
due on account of this possible excess.

7. Save as provided for under paragraph 6 of this Article, where the
quantities caught by European Union vessels exceed the quantities corresponding
to twice the total annual amount, the amount due for the quantity exceeding
that limit shall be paid the following year.

8. The Gabonese authorities shall have full discretion regarding the
use to which the financial contribution defined under paragraph 2(a) is put.

9. The financial contribution shall be paid into a single Gabonese
Public Treasury account, the references of which shall be notified each year by
the Gabonese authorities.

Article 3

Promoting
responsible fishing and sustainable fisheries in the Gabonese fishing zone

1. The two Parties undertake to promote responsible fishing in the
Gabonese fishing zone based on the principles of sustainable exploitation of
fishery resources and marine ecosystems.

2. The European Union and Gabon shall agree, within the Joint
Committee provided for in Article 9 of the Agreement, from the date of
provisional application of this Protocol, and at the latest three months after
that date, on a multiannual sectoral programme, in line with the Gabonese national
strategy on fisheries and the European Commission’s political framework, and on
the detailed implementing rules, including in particular:

(a) annual and multiannual guidelines for using the specific amount
of the financial contribution referred to in Article 2(2);

(b) the objectives, both annual and multiannual, to be achieved with
a view to introducing responsible fishing and sustainable fisheries, taking
account of the priorities expressed by Gabon in its national fisheries policy,
and other policies relating to or having an impact on the promotion of
responsible fishing and sustainable fisheries, including marine protected
areas;

(c) criteria and procedures including, where appropriate, budgetary
and financial indicators, to be used for evaluating the results obtained each
year.

3. The use to which the amounts are put shall be based on a common
agreement between the two Parties within the Joint Committee on the objectives
to be achieved, in line with the Strategic Plan for Emerging Gabon by the fisheries
sector and based on an estimate of the expected impact of the projects to be
carried out.

4. For the first year of the Protocol, the financial support issued
by Gabon to the fisheries sector shall be notified to the EU or approved by the
Joint Committee.

5. Each year, Gabon shall present how the projects implemented with
sectoral financial support have progressed, in the form of an annual
achievement report to be examined by the Joint Committee. A final report shall
also be produced by Gabon before the Protocol expires.

6. The specific financial contribution to support the sector shall
be paid in instalments based on an analysis of the outcomes of the sectoral
support and of needs.

7. Any proposed amendments to the multiannual sectoral programme must
be approved by the two Parties within the Joint Committee.

Article 4

Scientific
cooperation on responsible fishing

1. The two Parties shall undertake to promote responsible fishing in
Gabonese waters based on the principle of non-discrimination as regards
technical conservation measures between the different fleets operating in those
waters and the principle of sustainable management of fishery resources and
marine ecosystems.

2. Over the period covered by this Protocol, the European Union and
Gabon shall undertake to cooperate in order to monitor the state of fishery
resources in the Gabonese fishing zone and to contribute to fishery
development.

3. The two Parties shall comply with the recommendations and
resolutions of the International Commission for the Conservation of Atlantic
Tunas (ICCAT) regarding the responsible management of fisheries.

4. In accordance with Article 4 of the Fisheries Partnership
Agreement, on the basis of the recommendations and resolutions adopted within
ICCAT and in the light of the best scientific advice available, the Parties
shall consult each other within the Joint Committee provided for in Article 9
of the Fisheries Partnership Agreement to take measures to ensure the
sustainable management of the fish species covered by this Protocol and
concerning the activities of European Union vessels.

5. Where necessary, as provided for under Article 4.2 of the
Agreement, a meeting of scientific experts representing the two Parties may be
convened at the request of either of the Parties. Participation in that meeting
may also be extended, where necessary, to third party scientific experts and
observers, representatives of stakeholders or representatives of regional and
international fishery management bodies.

Article 5

Review of
fishing opportunities

1. The Parties may adopt, in the Joint Committee, measures as
referred to in Articles 1 and 2 of this Protocol entailing a review of fishing
opportunities. In that case, the financial contribution shall be adjusted
proportionately and pro rata temporis.

2. With regard to categories not provided for by the Protocol in
force, the two Parties may, in accordance with Article 6 second subparagraph of
the Agreement, include new fishing opportunities on the basis of the best
scientific advice, endorsed by the Independent Joint Scientific Committee and
adopted by the Joint Committee.

Article 6

New fishing
opportunities

1. At the request of Gabon, the Gabonese Government may call on the
European Union in order to consider the possibility of experimental fishing in
order to exploit certain fisheries, under the direct supervision of scientists
representing the two Parties and either ICCAT or the relevant regional
fisheries organisation.

2. The two Parties shall encourage experimental fishing in the Gabonese
fishing zone. To that end, at the request of Gabon, they shall consult each
other and determine on a case-by-case basis the relevant species, conditions
and other parameters. The two Parties shall carry out experimental fishing in
line with the conditions laid down by the Scientific Committee set up under
this Protocol.

3. The authorisations for experimental fishing shall be granted for
a maximum of 12 months. In the event that the Parties consider that
experimental campaigns have given positive results, the Government may allocate
fishing opportunities for new species to the European Union fleet until this
Protocol expires. The financial compensation referred to in Article 2(1) of the
current Protocol shall consequently be increased.

4. Vessels involved in exploratory fishing within the meaning of
this Protocol must have an observer on board, as laid down in the Annex.

Article 7

Suspension
and review of the payment of the financial contribution

1. The financial contribution referred to in Article 2(2)(a) and (b)
may be revised or suspended after consultation between the two Parties if one
or more of the following conditions apply:

(a) unusual circumstances, as defined in Article 2(h) of the
Fisheries Partnership Agreement, preventing fishing activities in the Gabonese
fishing zone;

(b) significant changes in the formulation or implementation of the
fisheries policy of either one of the Parties affecting the provisions of this
Protocol;

(c) if the European Union or Gabon note that there has been a violation
of the essential and fundamental human rights provided for in Article 9 of the
Cotonou Agreement and following the procedure provided for in Articles 8 and 96
of that Agreement;

2. In the cases referred to in the first paragraph, fishing
activities shall be suspended. The payment shall be revised or suspended
without prejudice to the financial contribution due for fishing activities
carried out prior to the suspension decision.

3. Following the evaluation provided for in Article 3(4), the
European Union reserves the right to suspend, partially or fully, the payment
of the financial contribution for the fisheries sector as provided for in
Article 2(2)(b) of this Protocol in the event of failure to adhere to the
objectives of the planning of the sectoral support or failure to implement the
financial contribution.

4. Payment of the financial contribution shall resume after
consultation and agreement by the two Parties, as soon as the situation
existing prior to the events referred to in paragraph 1 has been re‑established
and/or if the results of the financial implementation referred to in paragraph
2 so warrant. Nevertheless, the specific financial contribution provided for in
Article 2(2)(b) may not be paid beyond a period of 6 months after the
Protocol expires.

Article 8

Suspension
of the implementation of the Protocol

1. The implementation of this Protocol may be suspended at the
initiative of one of the two Parties if one or more of the following conditions
apply:

(a) unusual circumstances, as defined in Article 2(h) of the
Fisheries Partnership Agreement, preventing fishing activities in the Gabonese
fishing zone;

(b) significant changes in the policy guidelines of one or other of
the Parties affecting the provisions of this Protocol;

(c) if the European Union or Gabon note that there has been a
violation of the essential and fundamental human rights provided for in Article
9 of the Cotonou Agreement and following the procedure provided for in Articles
8 and 96 of that Agreement;

(d) there is non-payment of the financial contribution provided for
in Article 2(2)(a) by the European Union, for reasons other than those provided
for in Article 10.2 of this Protocol;

(e) there is a dispute between the two Parties concerning the
interpretation of this Protocol;

(f) one of the two Parties does not comply with the provisions of
this Protocol and the Annex and appendices thereto.

2. Implementation of the Protocol may be suspended at the initiative
of one Party if it has not been possible to settle the dispute between the
Parties in consultations held within the Joint Committee.

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

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

5. In the event of actual suspension, European Union vessels must
leave the Gabonese fishing zone within 24 hours.

Article 9

National
law

1. The activities of European Union fishing vessels in the Gabonese
fishing zone are subject to the laws and regulations in force in Gabon, unless
otherwise provided for under this Protocol and the Annexes thereto.

2. The Gabonese authorities shall inform the European Commission of
any changes to its fisheries policy or new sectoral legislation before their
entry into force.

3. In the event that the new provisions under Gabonese national
legislation, as referred to in point 2, contradict the provisions of this
Protocol and the Annexes thereto, the Joint Committee shall be convened as soon
as possible in order to clarify those contradictions directly affecting the
fishing activity of European Union vessels.

Article 10

Electronic
communication

1. The Gabonese Republic and the European Union shall undertake to
install as soon as possible the computer systems required for the electronic
exchange of all the information and documents related to the implementation of
the Agreement.

2. The electronic version of a document shall be considered to be
the equivalent of a paper document in every way, after approval by the
competent authorities as defined under Chapter I of the Annex to this Protocol.

3. Gabon and the European Union shall inform each other of any
malfunction of a computer system as soon as possible. The information and
documents related to the implementation of the Agreement shall then be
automatically replaced by their paper version.

Article 11

Confidentiality

The Gabonese Republic and the European Union shall undertake that
all nominative data relating to EU vessels and their fishing activities
obtained within the framework of the Agreement will, at all times, be processed
strictly in accordance with the principles of confidentiality and data
protection.

The two Parties shall ensure that only aggregate data on fishing
activity in Gabonese waters is made publicly available, in line with the
relevant ICCAT provisions. Data which may be considered confidential must be
used by the competent authorities exclusively for the purposes of implementing
the Agreement and for fishery management, controls and monitoring.

Article 12

Duration

This Protocol and the Annexes thereto shall apply for a duration of
three (3) years from the date of provisional application as laid down under
Article 14.

Article 13

Termination

1. In the event of termination of the Protocol, the Party concerned
shall notify the other Party in writing of its intention to terminate it at
least three months before the date on which such termination would take effect.

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

Article 14

Provisional
application

This Protocol and the Annexes thereto shall be provisionally applied
as from the date of its signature.

Article 15

Entry into
force

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

ANNEX TO THE PROTOCOL

CONDITIONS GOVERNING FISHING ACTIVITIES BY EUROPEAN UNION VESSELS IN
THE GABONESE FISHING ZONE

CHAPTER I

General provisions

1.
Designation of competent authority

For the purposes of this Annex and unless
otherwise specified, any reference to the European Union (EU) or to Gabon as a
competent authority shall mean:

- for the EU: the European Commission,
where applicable via the EU delegation to Gabon;

- for Gabon: the Ministry responsible for
fisheries.

2.
Gabonese fishing zone

EU vessels may carry out fishing activities
in waters beyond 12 nautical miles from the baselines within the Gabonese
fishing zone, subject to the provisions of point 3 below.

Before provisional application of the
Protocol, Gabon shall inform the EU of the geographical coordinates of the
baselines, its fishing zone and all zones within it which are closed to
fishing.

3. Zones
closed to shipping and to fishing

The zones
adjacent to oil extraction and exploration activities shall be closed to all
shipping. European Union vessels shall ensure that none of their fish
aggregating devices (FADs) fitted with transponders enter these zones or the 12
nautical miles from the baseline.

Zones closed to fishing shall include
national parks, marine protected areas and fish breeding grounds, in line with
the national legislation in force.

The Ministry responsible for fisheries in
the Gabonese Republic shall notify the coordinates of these zones to vessel
owners when the fishing licence is issued.

The zones closed to shipping and fishing
shall also be notified for information purposes to the EU, as shall all changes
to those zones, which must be announced at least two months before enforcement.

4. Prohibitions

Support vessels shall be prohibited in the
Gabonese fishing zone.

5. Appointment
of a local agent

Any EU vessel which plans to land in a
Gabonese port must be represented by a consignee resident in Gabon.

6. Bank account

Before provisional application of the
Protocol, Gabon shall notify the EU of the details of the bank account(s) into
which the financial sums payable by EU vessels under the Agreement must be
paid. The associated bank transfer costs shall be borne by the vessel owners.

CHAPTER
II

Fishing authorisations

For the
purposes of applying the provisions of this Annex, the term ‘licence’ shall be
equivalent to ‘fishing authorisation’, as defined in European Union
legislation.

1.
Condition for obtaining a fishing authorisation – Eligible vessels

The fishing authorisations referred to in
Article 6 of the Agreement shall be issued on the condition that the vessel is
included in the EU register of fishing vessels and that all previous
obligations of the vessel owner, the master, or the vessel itself arising from
their fishing activities in Gabon under the Agreement have been met. Each
vessel wishing to fish under this Protocol must also be included in the ICCAT
record of vessels.

2.
Licence applications

The EU shall submit to Gabon a licence
application for any vessel wishing to fish under the Agreement at least 15 days
before the start of the period of validity requested using the form attached to
this Annex as Appendix 1. For each initial licence application on the basis of
the Protocol in force, or following a technical change to the vessel concerned,
the application shall be accompanied by:

(i)         proof of payment of the
flat-rate fee for the period of validity of the licence requested;

(ii)        the name and address of the
local consignee for the vessel, where there is one;

(iii)       a recent colour photograph of
the vessel, showing a lateral view, and at least 15 cm x 10 cm in
size;

(iv)       the coordinates of the VMS
transponder and any other document specifically required under the Agreement.

For the renewal of a licence under the
Protocol in force for a vessel whose technical specifications have not been
modified, the renewal application shall be accompanied only by proof of payment
of the fee.

3.
Flat-rate and national fee

1. The flat-rate fee shall include all
national and local charges except for port taxes and service charges.

2. Annual flat-rate fees payable by vessel
owners shall be as follows for tuna seiners and pole-and-line tuna vessels:

- For the first year of application of the
Protocol: EUR 55 per tonne caught within Gabonese waters

- For the second and third years: EUR 65
per tonne fished

3. Licences shall be issued once a national
fee for the following flat-rate amount has been paid to the competent national
authorities:

- EUR 13 750 per
year for tuna seiners and pole-and-line tuna vessels, for the duration of
the Protocol.

4. Provisional list of vessels
requesting a licence

Once it has
received the licence applications, Gabon shall immediately draw up, for each
category of vessel, the provisional list of applicant vessels. This list shall
be sent without delay to the national body responsible for supervising fishing,
and to the EU.

The EU shall
forward the provisional list to the vessel owner or to the consignee. If the EU
offices are closed, Gabon may send the provisional list directly to the vessel
owner or their consignee with a copy to the EU.

5.
Issuing of the licence

Gabon shall issue the licence to vessel
owners within 15 days of receiving the full application file.

Where a licence is renewed during the
period in which the Protocol applies, the new licence must contain a clear reference
to the initial licence.

The EU shall forward the licence to the
vessel owner or to the consignee. If the EU offices are closed, Gabon may send
the licence directly to the vessel owner or their consignee with a copy to the
EU.

6. List of vessels authorised to fish

Once the licence is issued, Gabon shall
draw up immediately for each category of vessel the final list of vessels which
are authorised to fish in the Gabonese zone. This list shall be sent
immediately to the national body responsible for monitoring fishing and to the
EU and shall replace the provisional list referred to above.

7. Period of validity of the licence

Fishing authorisations shall be valid for one
year and be renewable.

In order to establish the start of the period
of validity, ‘annual period’ shall mean:

(i)         for the first year of application
of the Protocol, the period between the date of its entry into force and 31
December of the same year;

(ii)        then, each complete calendar
year;

(iii)       for the last year of application
of the Protocol, the period between 1 January and the date of expiry of the
Protocol;

(iv)       for the
first and last years of the Protocol, the national fee shall be calculated pro
rata temporis.

Licences shall
be issued for a specific vessel and shall not be transferable.

However, where force majeure is proven,
e.g. in the event of the loss or prolonged immobilisation of a vessel due to a
serious technical failure, and at the request of the EU, the licence shall be
replaced by a new authorisation for another vessel of the same fishing category
as the vessel being replaced, as referred to in Article 1 of the Protocol, with
no further fee due. In this case, the calculation of the catch levels to
determine whether an additional payment should be made shall take account of
the sum of the total catches of the two vessels.

The transfer shall involve the licence to
be replaced being returned by the vessel owner or their consignee in Gabon, and
Gabon drawing up the replacement authorisation as soon as possible. The
replacement authorisation shall be issued as soon as possible to the vessel
owner or their consignee when the authorisation to be replaced is returned. The
replacement authorisation shall take effect on the day on which the
authorisation to be replaced is returned.

8. Keeping a licence on board

The licence, or failing that, a copy valid
for 45 days after the issue date, must be kept on board at all times.

However, vessels shall be authorised to
fish as soon as they are included on the provisional list referred to in point
4. Vessels must keep a copy of the provisional list on board at all times until
their licence is issued.

Gabon shall update the list of vessels
authorised to fish as soon as possible. The new list shall be sent without
delay to the national body responsible for supervising fishing, and to the EU.

CHAPTER
III

Technical measures

Technical measures applicable to the
vessels holding a licence, relating to the zone, fishing gear and additional
catch, shall be defined for each fishing category in the technical sheets
contained in Appendix 2 to this Annex.

The vessels
shall comply with all the recommendations adopted by ICCAT (International
Commission for the Conservation of Atlantic Tunas) and the provisions under the
relevant Gabonese legislation.

During fishing
operations in the Gabonese fishing zone, and with the exception of natural
drifting fish aggregating devices (FADs), the use of fishing supports which
change the behaviour of highly migratory species and encourage in particular
their concentration near to or beneath the fishing support, shall be limited to
so-called green artificial drifting FADs, designed, built and used in a way
which helps to avoid cetaceans, sharks or turtles being caught accidentally by
the support. These supports must be made from biodegradable materials. The
deployment and use of such artificial drifting FADs shall be subject to the
adoption by the European Union of a management plan in line with the provisions
adopted by ICCAT.

CHAPTER IV

Catch reporting

1. Fishing log

The master of an EU vessel fishing under
the Agreement shall keep a fishing logbook in French, for which the model for
each category of fishing is included in Appendix 3 to this Annex.

The fishing logbook shall be completed by
the master for each day the vessel is present in the Gabonese fishing zone.

Each day the master shall record in the
fishing logbook the quantity of each species, identified by its FAO alpha 3
code, caught and kept on board, expressed in kilograms of live weight or, where
necessary, the number of individual fish. For each main species, the master
shall also include the bad catch.

Where applicable, the master shall also
record each day in the fishing logbook the quantities of each species thrown
back into the sea, expressed in kilograms of live weight or, where necessary,
the number of individual fish.

The fishing logbook shall be filled in
legibly, in block capitals, and signed by the master.

The master shall be responsible for the
accuracy of the data recorded in the fishing logbook.

2. Catch reporting

The master shall notify the vessel’s catch
by submitting to Gabon its fishing logbooks for the period of its presence in
the Gabonese fishing zone.

The fishing logbooks shall be transmitted
in one of the following ways:

(i)         when passing through a Gabonese
port, the original of each fishing logbook shall be submitted to the local
representative of Gabon, who shall confirm receipt thereof in writing;

(ii)        when leaving the Gabonese
fishing zone without first passing through a Gabonese port, the original of
each fishing logbook shall be sent within a period of 14 days after arrival in
any other port, and in any case within a period of 30 days after leaving the
Gabonese zone.

(a) by letter sent to Gabon,

(b) or by fax, to the number given by Gabon,

(c) or by e-mail.

The two Parties shall make every effort to
establish a system for reporting catches based on the electronic exchange of
all the data, in view of accelerating its transmission.

As soon as it is possible for catch
declarations to be sent by e-mail, the master shall send the fishing logbooks
to Gabon at the e-mail address given by Gabon. Gabon shall confirm receipt
thereof immediately by return e-mail.

The master shall send a copy of all the
fishing logbooks to the EU Delegation to Gabon. For tuna seiners and
pole-and-line tuna vessels, the master shall also send a copy of all the
fishing logbooks to the Gabonese Institut de Recherche Agricole et
Forestière (Institute of Agricultural and Forestry Research – IRAF) and one
of the following scientific institutes:

i) IRD (Institut de recherche pour le développement)

ii) IEO (Instituto Español de Oceanografia),

iii) IPMA (Instituto Português do Mar e da
Atmosfèra), ou

The return of the vessel into the Gabonese
zone within the period of validity of its licence shall give rise to further
catch reporting.

Where the
provisions concerning catch reporting are not complied with, Gabon may suspend
the licence of the vessel concerned until the missing catch report is obtained
and penalise the vessel owner in accordance with the relevant provisions under
the national legislation in force. If the offence is repeated, Gabon may refuse
to renew the licence. Gabon shall inform the EU immediately of any penalty
applied in this context.

3.
Transition to an electronic system

The two Parties
indicate their shared willingness to ensure a transition to an electronic
system for declaring catches based on the technical characteristics laid down
in Appendix 6. The parties agree to determine together the transmission arrangements
with the aim of the system becoming operational as soon as possible. Gabon
shall inform the EU as soon as the conditions for this transition have been
met. From the date this information is sent, the two Parties shall agree to
have the system fully operational within two months.

4.
Final statement of fees for the tuna seiners and pole-and-line tuna vessels

Until the electronic system provided for
under point 3 is in place, the EU shall draw up for each tuna seiner and
pole-and-line tuna vessel, on the basis of its catch reporting confirmed by the
above scientific institutes, a final statement of the fees owed by the vessel
in respect of its annual season for the previous calendar year.

The EU shall send this final statement to
Gabon and to the vessel owner before 31 July of the year in progress.

From the date the electronic system
provided for under point 3 is actually in place, the EU shall draw up for each
tuna seiner and pole-and-line tuna vessel, on the basis of the logbooks
archived at the fisheries monitoring centre (FMC) of the flag State, a final
statement of the fees owed by the vessel in respect of its annual season for
the previous calendar year.

The EU shall send this final statement to
Gabon and to the vessel owner before 31 March of the year in progress.

In both cases and within 30 days of being
sent, Gabon may contest the final statement, on the basis of documentary proof.
In the case of disagreement, the Parties shall consult each other in the Joint
Committee. If Gabon does not object within 30 days, the final statement shall
be considered to be adopted.

On the date the final catch statement is
sent to Gabon, the EU shall transmit a summary of the data on the catch and
effort of EU vessels in respect of their fishing activity on FADs in the
Gabonese fishing zone, in accordance with the measures and requirements adopted
by ICCAT, particularly in Recommendation 11-01.

CHAPTER V

Landings

1.
Landing procedure

The master of an EU vessel wishing to land
catch from the Gabonese zone in a Gabonese port must notify Gabon, at least 24
hours before landing, of the following:

(a) the name of the fishing vessel which is
to land,

(b) the port of landing,

(c) the planned date and time of the
landing,

(d) the quantity (expressed in kilograms of
live weight or, if necessary, the number of individual fish) of each species to
be landed (identified by its FAO alpha 3 code).

Vessels must land in Gabonese ports all
their by-catch caught in the Gabonese fishing zone.

The landing operation must be carried out
in the waters of a Gabonese port authorised for this purpose. Transhipment is
prohibited.

Non-compliance with these provisions shall
lead to the application of the relevant penalties provided for under Gabonese
legislation.

2. Landing incentive

(a) Tuna seiners

Once the port structures and tuna
processing facilities are operational in Gabon, vessel owners shall undertake
to land a minimum of 30 % of the catch from Gabonese waters,
taking into account the actual needs of the production unit. When landing,
tuna-fishing vessels shall also land 100 % of the by‑catch
kept on board, in order to supply the local market. These landings in Gabon
must be able to benefit from the market price. Should the production unit be
undersupplied, the Parties shall convene the Joint Committee in order to find a
solution.

(b) Pole-and-line vessels

Vessel owners shall undertake to land 100 %
of the catch from Gabonese waters in order to supply the local market.

(c) The provisions referred to in paragraph
2(a) shall apply subject to notification from the Gabonese Party that the
relevant infrastructure is in fact operational, and following examination by
the Joint Committee.

CHAPTER VI

Checks

1. Entering and leaving the zone

Gabon must be notified of any EU vessel
holding a licence which enters or exits the Gabonese fishing zone 6 hours
before the entry or exit.

When notifying its entry or exit, the
vessel shall notify in particular:

(i) the date, time and point of passage
scheduled;

(ii) the quantity of each species held on
board, identified by its FAO alpha 3 code and expressed in kilograms of live
weight or, if necessary, the number of individual fish;

(iii) the product presentation.

Notification shall be given preferably by
e-mail or, failing that, by fax or radio, to an e-mail address, a telephone
number or a frequency communicated by Gabon. Gabon shall confirm receipt
thereof immediately by return e-mail. Gabon shall immediately inform the
vessels concerned and the EU of any change to the e-mail address, telephone
number or transmission frequency.

Any vessel found to be fishing in the
Gabonese zone without having previously notified its presence shall be
considered to be a vessel fishing illegally.

2. Inspection at sea

Inspection at sea in the Gabonese zone of
EU vessels holding a licence shall be carried out by vessels and inspectors
from Gabon who are clearly identified as being assigned to carry out fishing
checks.

Before going on board, the Gabonese
inspectors shall warn the EU vessel of their decision to carry out an
inspection. The inspection shall be carried out by a maximum of two inspectors,
who must provide proof of their identity and official position as an inspector
before carrying out the inspection.

The Gabonese inspectors shall only stay on
board the EU vessel for the time necessary to carry out tasks linked to the
inspection. They shall carry out the inspection in a way which minimises the
impact on the vessel, its fishing activity and cargo.

Gabon may authorise the EU to participate
in the inspection at sea as an observer.

The master of the EU vessel shall allow the
Gabonese inspectors to come on board and carry out their work.

At the end of each inspection, the Gabonese
inspectors shall draw up an inspection report. The master of the EU vessel shall
have the right to include his comments in the inspection report. The inspection
report shall be signed by the inspector drawing up the report and the master of
the EU vessel.

The signature of the inspection report by
the master shall be without prejudice to the vessel owner’s right of defence in
respect of an infringement. If the master refuses to sign this document, he or
she shall specify the reasons for doing so in writing and the inspector shall
write ‘refusal to sign’ on it. The Gabonese inspectors shall give a copy of the
inspection report to the master of the EU vessel before leaving the vessel.
Gabon shall send a copy of the inspection report to the EU within 8 days
of the inspection.

3. Inspection in port

The inspection in port of EU vessels which
land catch from the Gabonese zone in the waters of a Gabonese port shall be
carried out by designated inspectors from Gabon. .

The inspection shall be carried out by a
maximum of two inspectors, who must provide proof of their identity and
official position as an inspector before carrying out the inspection. The
Gabonese inspectors shall only stay on board the EU vessel for the time
necessary to carry out the tasks related to the inspection and shall conduct
the inspection in a way which minimises the impact on the vessel, landing
operation and cargo.

Gabon may authorise the EU to participate
in the inspection in port as an observer.

The master of the EU vessel shall allow the
Gabonese inspectors to carry out their work.

At the end of each inspection, the Gabonese
inspector shall draw up an inspection report. The master of the EU vessel shall
have the right to include his comments in the inspection report. The inspection
report shall be signed by the inspector drawing up the report and the master of
the EU vessel.

The signature of the inspection report by
the master shall be without prejudice to the vessel owner’s right of defence in
respect of an infringement. If the master refuses to sign this document, he or
she shall specify the reasons for doing so in writing and the inspector shall
write ‘refusal to sign’ on it.

The Gabonese inspectors shall give a copy
of the inspection report to the master of the EU vessel at the end of the
inspection. Gabon shall send a copy of the inspection report to the EU within
8 days of the inspection.

4. Participatory monitoring in the
fight against IUU fishing

In order to strengthen monitoring of
fishing on the high seas and the fight against IUU fishing, European Union
fishing vessels shall report the presence of any vessels in the Gabonese
fishing zone which are not on the list of vessels authorised to fish in Gabon.

Where the master of an EU fishing vessel
witnesses a fishing vessel engaged in activities which may constitute IUU
fishing, he or she may seek as much information as possible about what has been
sighted. Sighting reports shall be sent without delay to the competent
authority of the Member State of the sighting vessel, which shall immediately
transmit them to the European Commission or to the body designated by it. The
European Commission shall provide Gabon with this information.

Gabon shall send the EU any sighting
reports it has on fishing vessels engaged in activities which may constitute
IUU fishing in the Gabonese fishing zone.

CHAPTER VII

Satellite-based vessel monitoring system (VMS)

1. Vessel
position messages – VMS system

Whilst they are in the Gabonese zone, EU
vessels holding a licence must be equipped with a satellite monitoring system
(Vessel Monitoring System – VMS) to enable automatic and continuous
communication of their position, at all times, to the fishing control centre
(Fisheries Monitoring Centre – FMC) of their flag State.

Each position message must contain:

(a) the vessel identification;

(b) the most recent geographical position
of the vessel (longitude, latitude), with a position error of less than
500 metres, and with a confidence interval of 99 %;

(c) the date and time the position is
recorded;

(d) the speed and the course of the vessel.

Each position message must be configured in
accordance with the format included in Appendix 4 to this Annex.

The first position recorded after entry
into the Gabonese zone shall be identified by the code ‘ENT’. All subsequent
positions shall be identified by the code ‘POS’, with the exception of the first
position recorded after exit from the Gabonese zone, which shall be identified
by the code ‘EXI’.

The CSP of the flag State shall ensure the
automatic processing and, if necessary, the electronic transmission of the
position messages. The position messages shall be recorded in a secure manner
and kept for a period of three years.

2. Transmission by the vessel in the
event of breakdown of the VMS

The master shall ensure at all times that
the VMS of his vessel is fully operational and that the position messages are
correctly transmitted to the FMC of the flag State.

In the event of breakdown, the VMS of the
vessel shall be repaired or replaced within 10 days. After that period, the
vessel shall no longer be authorised to fish in the Gabonese zone.

Vessels fishing in the Gabonese zone with a
defective VMS must communicate their position messages by e-mail, radio or fax
to the FMC of the flag State, at least every four hours, and must provide all
the compulsory information.

3. Secure communication of the position
messages to Gabon

The FMC of the flag State shall
automatically send the position messages of the vessels concerned to the FMC of
Gabon. The FMCs of the flag State and Gabon shall exchange their contact e-mail
addresses and inform each other without delay of any change to those addresses.

The transmission of position messages
between the FMCs of the flag State and Gabon shall be carried out
electronically using a secure communication system.

The FMC of Gabon shall inform the FMC of
the flag State and the EU of any interruption in the reception of consecutive
position messages from a vessel holding a licence, where the vessel concerned
has not notified its exit from the zone.

4. Malfunction of the communication
system

Gabon shall ensure the compatibility of its
electronic equipment with that of the FMC of the flag State and inform the EU
immediately of any malfunction as regards the communication and reception of
position messages with a view to finding a technical solution as soon as
possible. The Joint Committee shall deal with any possible dispute arising.

The master shall be considered responsible
for any proven tampering with a vessel’s VMS aimed at disturbing its operation
or falsifying its position messages. Any infringements shall be subject to the
penalties provided for by the Gabonese legislation in force.

5. Revision of the frequency of
position messages

On the basis of documentary evidence
proving an infringement, Gabon may ask the FMC of the flag State, copying in
the EU, to reduce the interval for sending position messages from a vessel to
every thirty minutes for a set period of investigation. This documentary
evidence must be sent without delay by Gabon to the FMC of the flag State and
the EU. The FMC of the flag State shall immediately send the position messages
to Gabon at the new frequency.

At the end of the set investigation period,
Gabon shall immediately inform the FMC of the flag State and the EU and
subsequently inform them of any follow-up.

CHAPTER VIII

Infringements

1. Handling of infringements

Any infringement committed by an EU vessel
holding a licence in accordance with the provisions of this Annex must be
referred to in an inspection report. That report shall be sent to the EU and
the flag State as soon as possible.

The signature of the inspection report by
the master shall be without prejudice to the vessel owner’s right of defence in
respect of an infringement. The master of the vessel shall cooperate while the
inspection procedure is being carried out.

2. Detention of a vessel –
Information meeting

Where permitted under the Gabonese
legislation in force regarding the infringement, any EU vessel having committed
an infringement may be forced to cease its fishing activity and, where the
vessel is at sea, to return to a Gabonese port.

Gabon shall notify the EU within
24 hours of any detention of an EU vessel holding a licence. That
notification shall be accompanied by documentary evidence of the infringement.

Before taking any measure against the
vessel, the master, the crew or the cargo, with the exception of measures aimed
at protecting evidence, Gabon shall organise, at the request of the EU, within
one working day of notification of the detention of the vessel, an information
meeting to clarify the facts which have led to the vessel being detained and to
explain what further action may be taken. A representative of the flag State of
the vessel may attend that information meeting.

3.
Penalties for infringements - Compromise procedure

The penalty for the infringement shall be set
by Gabon according to the provisions of the national legislation in force.

Where settling the infringement involves
legal proceedings, before these are launched, and provided that the
infringement does not involve a criminal act, a compromise procedure shall be
undertaken between Gabon and the EU in order to determine the terms and level
of the penalty. A representative of the flag State of the vessel and of the EU
may participate in that compromise procedure. The compromise procedure shall
finish at the latest 3 days after the notification of the detention of the
vessel.

4. Legal proceedings – Bank security

If the compromise procedure fails and the
infringement is brought before the competent court, the owner of the vessel
which committed the infringement shall deposit a bank security at a bank
designated by Gabon, the amount of which, as set by Gabon, shall cover the
costs linked to the detention of the vessel, the estimated fine and any
compensation. The bank security may not be recovered until the legal
proceedings have been concluded.

The bank security shall be released and
returned to the vessel owner without delay after the judgment has been
delivered:

(a) in full, if no penalty has been
imposed;

(b) for the amount of the remaining
balance, if the penalty is a fine which is lower than the amount of the bank
security.

Gabon shall inform the EU of the outcome of
the legal proceedings within 8 days of the judgment being delivered.

5. Release of the vessel and the crew

The vessel and its crew shall be authorised
to leave the port once the penalty has been paid in a compromise procedure, or
once the bank security has been deposited.

CHAPTER IX

Signing-on of seamen

1. Owners of tuna seiners and pole-and-line
tuna vessels shall employ ACP nationals, subject to the following conditions
and limits:

- for the fleet of tuna seiners, at least
20 % of the seamen signed on during the tuna-fishing season in the fishing
zone of third countries shall be of ACP origin;

- for the fleet of pole-and-line tuna
vessels, at least 20 % of the seamen signed on during the tuna-fishing
season in the fishing zone of third countries shall be of ACP origin.

2. Vessel
owners shall endeavour to sign on Gabonese seamen.

3. The
International Labour Organisation (ILO) Declaration on Fundamental Principles
and Rights at Work shall apply as of right to seamen signed on by EU vessels.
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.

4. The
employment contracts of seamen from the ACP countries shall be drawn up between
the vessel owners’ representative(s) and the seamen and/or their trade unions
or representatives. A copy shall be given to the signatories. These contracts
shall guarantee the seamen the social security cover applicable to them,
including life assurance and sickness and accident insurance.

5. The wages
of the seamen from the ACP countries shall be paid by the vessel owners. They
shall be fixed, before licences are issued, by mutual agreement among the
vessel owners or their representatives. However, the wage conditions granted to
local seamen shall not be lower than those applied to Gabonese crews and shall
under no circumstances be below ILO standards.

6. All seamen
employed aboard EU vessels shall report to the master of the vessel designated
on the day before their proposed embarkation date. Where a seaman fails to
report at the date and time agreed for embarkation, vessel owners shall be
automatically absolved of their obligation to take the seaman on board.

CHAPTER X

Observers

1.
Observation of fishing activities

Vessels holding a licence shall be subject
to a scheme for observing their fishing activities carried out within the
framework of the Agreement.

This observation scheme shall conform to
the provisions provided for in the recommendations adopted by ICCAT
(International Commission for the Conservation of Atlantic Tunas).

2.
Designated vessels and observers

Gabon shall designate the EU vessels which
must allow an observer to embark and the observer assigned to them at the
latest 15 days before the date provided for the embarkation of the observer. EU
vessels shall, at the request of the Gabonese authorities, take on board one
observer in order to reach the cover rate of 25 % of licensed
vessels.

When the licence is issued, Gabon shall
inform the EU and the vessel owner, or his consignee, of the designated vessels
and observers and the times at which the observer will be present on board each
vessel. Gabon shall immediately inform the EU and the vessel owner or his
consignee of any change in the designated vessels and observers.

Gabon shall
endeavour not to designate observers for vessels which already have an observer
on board, or which are already formally obliged to allow an observer to embark
during the fishing season in question as part of their activities in fishing
zones other than the Gabonese zone.

The observers
shall not spend more time on board the vessel than is necessary to carry out
their duties.

3.
Flat-rate financial contribution

At the time the
annual flat-rate fee is paid, the vessel owner shall also pay Gabon a flat-rate
sum of EUR 200 per year for each vessel.

3. Observer’s salary

The salary and social contributions of the
observer shall be borne by Gabon.

4. Embarkation conditions

The embarkation conditions for the
observer, in particular the duration of presence on board, shall be defined by
mutual agreement between the vessel owner or his consignee and Gabon.

Observers shall be treated on board as
officers. However, receiving the observer on board shall take into account the
technical structure of the vessel.

The vessel owner shall bear the costs of
providing accommodation and food for the observer on board.

The master
shall take all the measures for which he is responsible to guarantee the
physical safety and general wellbeing of the observer.

Observers shall
be offered every facility needed to carry out their duties. They shall have
access to means of communication and to documents relating to the fishing
activities of the vessel, in particular the fishing logbook and navigation log,
and the parts of the vessel directly linked to their duties.

5.
Observer’s obligations

Whilst they are on board observers shall:

(a) take all appropriate measures so as not
to interrupt or hinder fishing operations;

(b) respect on-board property and
equipment;

(c) respect the confidential nature of any
document belonging to the vessel.

6.
Embarkation and landing of observers

The observer shall embark in a port chosen
by the vessel owner.

The vessel owner or his representative
shall notify Gabon, with a notice period of 10 days before the embarkation, of
the date, time and port of embarkation of the observer. If the observer is
embarked in a foreign country, their travel costs to the port of embarkation
shall be borne by the vessel owner.

If the observer does not arrive to embark
within 12 hours of the date and time set, the vessel owner shall be
automatically discharged from his obligation to allow the observer to embark.
The vessel shall be free to leave the port and start fishing operations.

Where the
observer is not disembarked in a Gabonese port, the vessel owner shall bear the
costs of repatriation of the observer to Gabon as soon as possible.

7.
Observer’s obligations

The observer shall carry out the following
duties:

(a) observe the fishing activities of the
vessel;

(b) verify the position of the vessel
during fisheries operations;

(c) perform biological sampling in the
context of a scientific programme;

(d) note the fishing gear used;

(e) verify the catch data for the Gabonese
zone recorded in the logbook;

(f) verify the percentages of by-catch and
estimate the discarded catch;

(g) communicate observations by radio, fax
or e-mail at least once a week while the vessel is fishing in the Gabonese
zone, including the quantity of catch and by-catch on board.

8.
Observer’s report

Before leaving the vessel, the observer
shall submit a report of his observations to the captain of the vessel. The
master of the vessel shall have the right to make comments in the observer’s
report. The report shall be signed by the observer and the master. The master
shall receive a copy of the observer’s report.

The observer
shall send his report to Gabon, which shall send a copy of it to the EU within
8 days of the observer’s disembarkation.

------------------------------------------------------------------

Appendices
to this Annex

1. Appendix 1 – Licence application form

2. Appendix 2 – Technical sheet

3. Appendix 3 – Fishing logbook

4. Appendix 4 – Format of VMS position
message

5. Appendix 5 – Limits of the Gabonese
fishing zone

6. Appendix 6 – Electronic reporting of
fishing operations

Appendix 1

GABON - EUROPEAN UNION FISHING AGREEMENT

FISHING LICENCE APPLICATION FORM

I - APPLICANT

1.    Name of vessel owner:
.....................................................................................................................................................................

2.    Address of vessel owner:
....................................................................................................................................................................

2.    Name of the vessel owner’s association or agent:
...............................................................................................................

3.    Address of the vessel owner’s association or agent:
..........................................................................................................

4.    Telephone:...........................................Fax:...................................E‑mail:...........................................

5.    Name of
master: .......................................Nationality:
....................... E‑mail:...................................

II – VESSEL AND
IDENTIFICATION

1.    Vessel name:
.....................................................................................................................................................................

2.    Flag State: ...................................................................................................................................................................

3.    External registration number:
...............................................................................................................................................

4.    Port of
registry: .......................................... MMSI: ......................................
IMO Number:...............................................

5.    Date on
which current flag was acquired: ........../........./.............. Previous
flag, if any: ....................

6.    Year and
place of construction: ....../......./.......... in..................................................
Radio call sign: .....................................

7.    Call
frequency: .............................................. Satellite telephone
number:........................................

8.    Hull
construction material:  Steel  ̈            Wood  ̈          Polyester  ̈      Other  ̈

III - TECHNICAL
CHARACTERISTICS AND EQUIPMENT

1.    Overall
length: ..................................................     Width:
.......................................

2.    Tonnage
(expressed in GT): .............................     Net tonnage: .....................

3.    Power of main engine in kW:
.........................Make: .............................................            Type: ...........................................

4.    Vessel
Type:  ̈ Tuna seiner            ̈ Pole-and-line vessel

5.    Fishing
gear types: ..................................................

6.    Fishing
zones: ...............................................................    Target
species:

7.    Designated
port for landing operations:
...............................................................

8.    Crew
complement: ...............................................................

9.    Method of
preservation on board: Cooling  ̈         Refrigeration  ̈            Mixed  ̈          Freezing  ̈

10.  Freezing
capacity in tonnes/24 hours: .................    Hold capacity:
...............          Number: .....

11.  VMS
transponder:

Manufacturer: ........................Model:
...................... Serial No.: .....................

Software version:
........................................................... Satellite operator:
....................

I, the
undersigned, certify that the information provided in this application is true
and given in good faith.

Done at
..............................................., ................../................../..................

Name of applicant ...................................................................

Appendix 2 – Technical sheet

Fishing zone:

Beyond 12 nautical miles from the baseline, excluding zones closed to shipping and fishing provided for under Appendix 5.

Authorised categories:

Tuna seiners Pole-and-line tuna vessels

By-catch:

Compliance with ICCAT and FAO recommendations.

Fees and tonnage:

Fee per tonne caught || Tuna seiners and pole-and-line vessels - 1st year: EUR 55 per tonne - 2nd and 3rd years: EUR 65 per tonne

Annual national fee: || Tuna seiners and pole-and-line vessels EUR 13 750 per year, for the duration of the Protocol

Number of vessels authorised to fish || 27 tuna seiners 8 pole-and-line vessels

Other

Observers on 25 % of vessels authorised to fish – flat-rate financial contribution: EUR 200 per vessel per year. Seamen: 20 % of seamen signed on are ACP nationals.

Appendix 3 – Fishing logbook

ICCAT LOGBOOK FOR TUNA FISHERY ||

|| || Longline Live bait Purse seine Trawl Outros (Others) ||

||

|| || || || || || || || || || ||

Vessel name: ................................................................................................ || Gross tonnage:  .............................................................................. || Vessel DEPARTED: Vessel RETURNED: || Month || Day || Year || Port || || ||

Flag country:     ................................................................................................ || Capacity – (MT): .............................................................................. || || || || || || ||

||

Registration number:     ................................................................................................ || Master: .............................................................................. || || || ||

Vessel owner: ................................................................................................ || No of crew:      .............................................................................. || || || || || || || ||

Address: ................................................ || Reporting date: ....................................... || || ||

|| (Auteur du rapport):      ....................................................................................... || No of days at sea: || || No of fishing days: No of sets made: || || Trip number: || ||

||

||

|| ||

Date || Sector || || || Capturas (Catches) || Isco usado na pesca (Bait used) ||

Month || Day || Latitude N/S || Longitude E/W || Surface water temp (oC) || Fishing effort No of hooks used || Bluefin tuna Thunnus thynnus or maccoyii || Yellowfin tuna Thunnus albacares || (Bigeye tuna) Thunnus obesus || (Albacore) Thunnus alalunga || (Swordfish) Xiphias gladius || (Strip marlin) (White marlin) Tetraptunus audax or albidus || (Black marlin) Makaira indica || (Sailfish) Istiophorus albicans or platypterus || (Skipjack) Katsuwonus pelamis || (Miscellaneous fish) || Daily total (weight in kg only) || Saury || Squid || Live bait || (Other) ||

|| || || || || || Number || Weight kg || Number || kg || Number || Kg || Number || kg || Number || kg || Number || kg || Number || kg || Number || kg || Number || kg || Number || kg || Number || kg || || || || ||

|| || || || || || || || || || || || || || || || || || || || || || || || || || || || || || || ||

|| || || || || || || || || || || || || || || || || || || || || || || || || || || || || || || ||

|| || || || || || || || || || || || || || || || || || || || || || || || || || || || || || || ||

|| || || || || || || || || || || || || || || || || || || || || || || || || || || || || || || ||

|| || || || || || || || || || || || || || || || || || || || || || || || || || || || || || || ||

|| || || || || || || || || || || || || || || || || || || || || || || || || || || || || || || ||

|| || || || || || || || || || || || || || || || || || || || || || || || || || || || || || || ||

LANDING WEIGHT (IN KG) || || || || || || || || || || || || || || || || || || || || || || || || || || || ||

Notes || || || ||

1 – Use one sheet per month and one line per day. || || 3 – ‘Day’ refers to the day you set the line. || 5 - The last line (landing weight) should be completed only at the end of the trip. Actual weight at the time of unloading should be recorded. ||

2 - At the end of each trip, forward a copy of the log to your correspondent or to the ICCAT, Calle Corazón de María, 8, 28002 Madrid, Spain || || 4 - Fishing area refers to the position of the vessel. Round off minutes and record degree of latitude and longitude. Be sure to record N/S and E/W. || || 6 - All information reported herein will be kept strictly confidential. ||

Appendix 4

COMMUNICATION OF VMS MESSAGES TO GABON

POSITION REPORT

Data Element || Code || Mandatory or optional || Remarks

Start record || SR || M || System detail indicating start of record

Addressee || AD || M || Message detail – Addressee Alpha-3 country code (ISO-3166)

From || FR || M || Message detail – Sender Alpha-3 country code (ISO-3166)

Flag State || FS || M || Message detail – Flag State Alpha-3 code (ISO-3166)

Type of message || TM || M || Message detail – Message type (ENT, POS, EXI)

Radio call sign (IRCS) || RC || M || Vessel detail – Vessel international radio call sign (IRCS)

Contracting Party internal reference number || IR || O || Vessel detail – Unique contracting party number Alpha-3 code (ISO-3166) followed by number

External registration number || XR || M || Vessel detail – Number on side of vessel (ISO 8859.1)

Latitude || LT || M || Vessel position detail – Position in degrees and decimal degrees N/S DD.ddd (WGS84)

Longitude || LG || M || Vessel position detail – Position in degrees and decimal degrees E/W DD.ddd (WGS84)

Course || CO || M || Vessel course 360° scale

Speed || SP || M || Vessel speed in tenths of knots

Date || DA || M || Vessel position detail – Date of record of UTC position (YYYYMMDD)

Time || TI || M || Vessel position detail – Time of record of UTC position (HHMM)

End record || ER || M || System detail indicating end of record

Each data transmission is structured as follows:

(1)
Characters used must comply with the ISO 8859.1
standard.

(2)
A double slash (//) and the characters ‘SR’
indicate the start of a message.

(3)
Each data element is identified by its code and
separated from the other data elements by a double slash (//).

(4)
A single slash (/) separates the field code and
the data.

(5)
The ‘ER’ code followed by a double slash (//)
indicates the end of the message.

(6)
The optional data elements must be inserted
between the start and the end of the message.

Appendix 5

LIMITS
OF THE GABONESE FISHING ZONE

COORDINATES OF THE FISHING ZONE

The competent Gabonese authorities shall
notify the competent EU services of the geographical coordinates of the
Gabonese baseline, Gabonese fishing zone and zones closed to shipping and
fishing. The Gabonese authorities shall also undertake to communicate any
changes to those coordinates at least one month in advance.

Appendix 6

Guidelines for managing and
implementing the electronic reporting system for fishing activities (ERS)

Reference: Annex to the Protocol to the EU/Gabon Fisheries Agreement

General provisions

(1)
All EU fishing vessels must be equipped with an
electronic system, hereinafter referred to as an ‘ERS’, capable of recording
and transmitting data concerning the vessel’s fishing activities, hereinafter
referred to as ‘ERS data’, when the vessel is operating in Gabonese waters.

(2)
An EU vessel that is not equipped with an ERS,
or whose ERS is not working, is not authorised to enter Gabonese waters in
order to engage in fishing activities.

(3)
ERS data shall be transmitted in accordance with
the procedures of the vessel’s flag State, i.e. they shall firstly be sent to
the Fisheries Monitoring Centre (hereinafter: FMC) of the flag State which will
make them automatically available to the Gabonese FMC.

(4)
The flag State and Gabon shall ensure that their
FMCs have the necessary IT equipment and software to automatically
transmit ERS data in xml format, [available via http://ec.europa.eu/cfp/control/codes/index_en.htm]
and shall have a backup procedure in place capable of saving and storing ERS
data in a format which will be computer-readable for at least 3 years.

(5)
Any change or update to this format shall be
identified and dated and must be operational six months after its introduction.

(6)
ERS data must be transmitted using the
electronic means of communication operated by the European Commission on behalf
of the EU, referred to as the DEH (Data Exchange Highway).

(7)
The flag State and Gabon shall each designate an
ERS correspondent who will act as the point of contact.

(a)
ERS correspondents shall be designated for a
minimum period of six months.

(b)
The FMCs of the flag State and Gabon shall
notify one another of the contact details (name, address, telephone number,
fax, e-mail address) of their ERS correspondent, before the supplier starts
production of the ERS.

(c)
Any changes to the contact details of the ERS
correspondent must be notified immediately.

Producing and communicating ERS data

(8)
EU fishing vessels must:

(a)
communicate on a daily basis ERS data for each
day spent in Gabonese waters;

(b)
record the quantity of each species caught and
kept on board as target species or by‑catch, or discarded, for each
fishing operation;

(c)
declare the bad catch of each species specified
in the fishing authorisation issued by Gabon;

(d)
identify each species by its FAO 3-alpha code;

(e)
express quantities in kilograms of live weight
or, where necessary, the number of individual fish;

(f)
record by species in the ERS data the quantity
transhipped and/or unloaded;

(g)
record in the ERS data, every time Gabonese
waters are entered (COE message) or exited (COX message), a specific message
containing the quantities held on board at the time of passing for each species
specified in the fishing authorisation issued by Gabon;

(h)
transmit ERS data on a daily basis to the FMC of
the flag State, according to the format referred to in paragraph 3 above, by
23:59 UTC at the latest.

(9)
The master is responsible for the accuracy of
the ERS data recorded and sent.

(10)
The FMC of the flag State shall send the ERS
data automatically and without delay to the Gabonese FMC.

(11)
The Gabonese FMC shall confirm that it has
received the ERS data by means of a return message and shall handle all ERS
data confidentially.

Failure of the on-board ERS and/or transmission of ERS data between
the vessel and the FMC of the flag State

(12)
The flag State shall immediately inform the
master and/or owner of a vessel flying its flag, or his representative, of any
technical failure of the ERS installed on board or breakdown in transmission of
ERS data between the vessel and the FMC of the flag State.

(13)
The flag State shall inform Gabon of the failure
detected and the corrective measures taken.

(14)
In the event of a breakdown in the on-board ERS,
the master and/or owner shall ensure the ERS is repaired or replaced within
10 days. If the vessel makes a call at a port within those 10 days,
it may only resume fishing activity in Gabonese waters once its ERS is in
perfect working order, unless Gabon authorises otherwise.

(15)
Following a technical failure in its ERS, a
fishing vessel may not leave port until:

(a)
its ERS is in working order once again, to the
satisfaction of the flag State and Gabon, or

(b)
it receives authorisation from the flag State.
In the latter case, the flag State shall inform Gabon of its decision before
the vessel leaves.

(16)
Any EU vessels operating in Gabonese waters with
a faulty ERS must transmit all ERS data on a daily basis and by 23:59 UTC
at the latest to the FMC of the flag State by any other available means of
electronic communication accessible by the Gabonese FMC.

(17)
ERS data which could not be made available to
Gabon via the ERS owing to the failure referred to in paragraph 10 shall be
transmitted by the FMC of the flag State to the Gabonese FMC by another
mutually agreed form of electronic communication. This alternative transmission
shall be considered priority as it will not be possible to comply with the
transmission deadlines usually applicable.

(18)
If the Gabonese FMC does not receive ERS data
from a vessel for 3 consecutive days, Gabon may instruct a vessel to
immediately call at a port of Gabon’s choosing in order to investigate.

FMC failure – ERS data not received by Gabonese FMC

(19)
In the event that ERS data is not received by an
FMC, its ERS correspondent shall immediately inform the ERS correspondent for
the other FMC and, if necessary, work together in order to resolve the problem.

(20)
Before the ERS becomes operational, the FMC of
the flag State and the Gabonese FMC shall mutually agree on the alternative
means of electronic communication to be used in order to transmit ERS data in
the event of an FMC failure, and shall immediately inform one another of any
changes thereto.

(21)
If the Gabonese FMC reports that ERS data has
not been received, the FMC of the flag State shall identify the causes of the
problem and take appropriate measures in order to resolve the problem. The FMC
of the flag State shall inform the Gabonese FMC and the EU of the outcome of
the measures taken within 24 hours after recognising the failure.

(22)
If more than 24 hours is required in order
to resolve the problem, the FMC of the flag State shall immediately transmit
the missing ERS data to the Gabonese FMC via one of the alternative means of electronic
communication referred to in point 17.

(23)
Gabon shall inform its competent monitoring
services (MCS) so that EU vessels are not considered by the Gabonese FMC as
being in violation of their obligations for not transmitting ERS data, owing to
a failure in one of the FMCs.

FMC maintenance

(24)
Planned maintenance of an FMC (maintenance
programme) which may affect the exchange of ERS data must be notified at least
72 hours in advance to the other FMC, indicating, where possible, the date
and duration of the maintenance work. Information about unplanned maintenance
work shall be sent to the other FMC as soon as possible.

(25)
During the maintenance work, the provision of
ERS data may be put on hold until the system is operational again. The relevant
ERS data shall be made available immediately after the maintenance work has
been completed.

(26)
If the maintenance work takes more than
24 hours, ERS data shall be sent to the other FMC using one of the
alternative means of electronic communication referred to in point 17.

(27)
Gabon shall inform its competent monitoring
services (MCS) so that EU vessels are not considered by the Gabonese FMC as
being in violation of their obligations for not transmitting ERS data, owing to
the maintenance of an FMC.

LEGISLATIVE FINANCIAL STATEMENT

1.           FRAMEWORK OF THE
PROPOSAL/INITIATIVE

1.1.    Title of the proposal/initiative

1.2.    Policy
area(s) concerned in the ABM/ABB structure

1.3.    Nature
of the proposal/initiative

1.4.    Objective(s)

1.5.    Grounds
for the proposal/initiative

1.6.    Duration
and financial impact

1.7.    Management
method(s) envisaged

2.           MANAGEMENT MEASURES

2.1.    Monitoring
and reporting rules

2.2.    Management
and control system

2.3.    Measures
to prevent fraud and irregularities

3.           ESTIMATED FINANCIAL
IMPACT OF THE PROPOSAL/INITIATIVE

3.1.    Heading(s)
of the multiannual financial framework and expenditure budget line(s) affected

3.2.    Estimated
impact on expenditure

3.2.1. Summary of
estimated impact on expenditure

3.2.2. Estimated impact
on operational appropriations

3.2.3. Estimated impact
on appropriations of an administrative nature

3.2.4. Compatibility
with the current multiannual financial framework

3.2.5. Third-party
contributions

3.3.    Estimated impact on revenue

LEGISLATIVE FINANCIAL STATEMENT

1.           FRAMEWORK OF THE
PROPOSAL/INITIATIVE

1.1.        Title of the
proposal/initiative

Proposal for a Council Decision on the conclusion of the Protocol
between the European Union and the Gabonese Republic setting out the fishing
opportunities and financial contribution provided for in the Fisheries
Partnership Agreement between the two Parties currently in force

1.2.        Policy area(s) concerned
in the ABM/ABB structure[5]

11. – Maritime Affairs and Fisheries

11.03 – International fisheries and law of the sea

1.3.        Nature of the
proposal/initiative

 ̈ The proposal/initiative relates to a
new action

 ̈ The proposal/initiative relates to a
new action following a pilot project/preparatory action[6]

X The proposal/initiative relates to the
extension of an existing action

 ̈ The proposal/initiative relates to an
action redirected towards a new action

1.4.        Objective(s)

1.4.1.     The Commission's
multiannual strategic objective(s) targeted by the proposal/initiative

The negotiation and conclusion of fisheries agreements with third
countries meets the general objective of giving EU fishing vessels access to
fishing zones located in the exclusive economic zone (EEZ) of third countries
and developing relations with those countries in a spirit of partnership with a
view to strengthening the sustainable exploitation of fishery resources outside
EU waters.

The Fisheries Partnership Agreements (FPAs) also ensure coherence
between the principles governing the Common Fisheries Policy and the
commitments made under other European policies (sustainable use of
third-country resources, combating illegal, unreported and unregulated (IUU)
fishing, integration of partner countries into the global economy and better
political and financial governance of fisheries).

1.4.2.     Specific objective(s) and
ABM/ABB activity(ies) concerned

Specific objective No 1

To contribute to sustainable fishing in non-EU waters, maintain a
European presence in distant-water fisheries and protect the interests of the
European fisheries sector and consumers by negotiating and concluding FPAs with
coastal states, consistent with other European policies.

ABM/ABB activity(ies) concerned

Maritime affairs and fisheries, International fisheries and law of
the sea, International fisheries agreements (budget line 11.0301)

1.4.3.     Expected result(s) and
impact

Specify the effects which the
proposal/initiative should have on the beneficiaries/groups targeted.

The conclusion of the Protocol will help maintain the fishing
opportunities for EU vessels in the Gabonese fishing zone.

The Protocol will also contribute to better management and
conservation of fishery resources, through financial support (sectoral support)
for the implementation of programmes adopted at national level by the partner
country, in particular as regards monitoring and combating illegal fishing.

1.4.4.     Indicators of results and
impact

Specify the indicators for monitoring
implementation of the proposal/initiative.

Rates of utilisation of fishing opportunities (annual uptake of
fishing authorisations as a percentage of availability under the Protocol);

Gathering and analysing data on catches and the commercial value of
the Agreement;

Contribution to employment and to added value in the EU and to
stabilising the EU market (in aggregate with other FPAs);

Number of technical meetings and meetings of the Joint Committee.

1.5.        Grounds for the
proposal/initiative

1.5.1.     Requirement(s) to be met in
the short or long term

The Protocol for the period 2005-2011 expired on 2 December
2011. It is intended that the new Protocol will apply provisionally from the
date of signature. To ensure the resumption of fishing operations, a procedure
for adoption by the Council of a Decision on the signing and provisional
application of the Protocol has been launched in parallel with this procedure.

The new Protocol will provide a framework for the fishing activities
of the European fleet in the Gabonese fishing zone and will, in particular,
authorise European vessel owners to apply for fishing licences allowing them to
fish in Gabonese waters. In addition, the new Protocol enhances cooperation
between the EU and the Gabonese Republic, with a view to promoting the
development of a sustainable fishing policy. It
provides, in particular, for vessels to be monitored via VMS and for the
electronic transmission of catch data. Sectoral
support has been strengthened to help the Gabonese Republic with its national
fisheries strategy and in the fight against IUU fishing.

1.5.2.     Added value of EU
involvement

As regards this new Protocol, failure to act by the EU would allow
private agreements to spring up which would not guarantee sustainable
fisheries. The European Union also hopes that with this Protocol, the Gabonese
Republic will continue to cooperate effectively with the EU particularly as
regards the fight against illegal fishing.

1.5.3.     Lessons learned from
similar experiences in the past

Analysis of catches under the previous Protocol led the Parties to
increase the reference tonnage. Sectoral support has been strengthened taking
account of the priorities of the national fisheries strategy and needs in terms
of building the capacity of the Gabonese fishing authorities.

1.5.4.     Coherence and possible
synergy with other appropriate instruments

Funds paid out under FPAs constitute fungible revenue in the budgets
of the third-country partners. However, allocating some of those funds for
implementing measures as part of the country’s sectoral policy is a condition
for the conclusion and monitoring of FPAs. These financial resources are
compatible with other sources of funding from other providers of international
funding for carrying out projects and/or programmes at national level in the
fisheries sector.

1.6.        Duration and financial
impact

X Proposal/initiative of limited duration

–
X Proposal/initiative in force from the date of
signature of the Protocol and for a duration of three years.

–
X Financial impact from 2013 to 2015

 ̈ Proposal/initiative of unlimited
duration

–
Implementation with a start-up period from YYYY
to YYYY,

–
followed by full-scale operation.

1.7.        Management method(s)
envisaged[7]

X Centralised direct management by the
Commission

 ̈ Centralised indirect management with the delegation of implementation tasks to:

–
 ̈  executive agencies

–
 ̈  bodies set up by the Communities[8]

–
 ̈  National public-sector bodies/bodies with public-service mission

–
 ̈  persons entrusted with the implementation of specific actions
pursuant to Title V of the Treaty on European Union and identified in the
relevant basic act within the meaning of Article 49 of the Financial Regulation

 ̈ Shared management with the Member States

 ̈ Decentralised management with third countries

 ̈ Joint management with international organisations

2.           MANAGEMENT MEASURES

2.1.        Monitoring and reporting
rules

Specify frequency and conditions.

The Commission (DG MARE, in collaboration with its fisheries
counsellor in Gabon and the European Union’s Delegation in Libreville) will
ensure regular monitoring of the implementation of this Protocol, particularly
as regards operators’ use of fishing opportunities and in terms of catch data.

Furthermore, the Fisheries Partnership Agreement provides for at
least one annual meeting of the Joint Committee, at which the Commission and
the third country concerned review the implementation of the Agreement and the
Protocol thereto and, if necessary, adjust the programming and, where
applicable, the financial contribution.

2.2.        Management and control
system

2.2.1.     Risk(s) identified

There is some risk in setting up a fisheries protocol, particularly
with regard to the amounts intended to finance the sectoral fisheries policy
(under-programming). These difficulties were not encountered with the Gabonese
Republic during the implementation of the 2005-11 Protocol.

2.2.2.     Control method(s) envisaged

To avoid these risks, extensive dialogue is planned on the
programming and implementation of the sectoral policy. Joint analysis of
results, as referred to in Article 3, also forms part of these control methods.

In addition, the Protocol contains specific clauses for its
suspension, on certain conditions and in given circumstances.

2.3.        Measures to prevent fraud
and irregularities

Specify existing or envisaged prevention and
protection measures.

The Commission undertakes to establish regular political dialogue
with the Gabonese Republic with a view to improving the management of the
Agreement and strengthening the EU’s contribution to the sustainable management
of resources. In any case, any payment which the Commission makes under a
fisheries agreement is subject to the Commission's standard rules and budgetary
and financial procedures. This makes it possible, in particular, to fully
identify the bank accounts of the third countries into which the financial
contribution is paid. For this particular Protocol, Article 2(9) stipulates
that the entire financial contribution must be paid into a single Gabonese
Public Treasury account.

3.           ESTIMATED FINANCIAL
IMPACT OF THE PROPOSAL/INITIATIVE

3.1.        Heading(s) of the
multiannual financial framework and expenditure budget line(s) affected

· Existing expenditure budget lines

In order of
multiannual financial framework headings and budget lines.

Heading of multiannual financial framework || Budget line || Type of expenditure || Contribution

Number [Description......] || DA/ NDA [9] || from EFTA countries[10] || from candidate countries[11] || from third countries || within the meaning of Article 18(1)(aa) of the Financial Regulation

2 || 11.0301 International fisheries agreements || DA || NO || NO || NO || NO

· New budget lines requested

(not applicable)

In order of
multiannual financial framework headings and budget lines.

Heading of multiannual financial framework || Budget line || Type of expenditure || Contribution

Number [Description......] || DA/ NDA || from EFTA countries || from candidate countries || from third countries || within the meaning of Article 18(1)(aa) of the Financial Regulation

|| [XX.YY.YY.YY] || || YES/ NO || YES/ NO || YES/ NO || YES/NO

3.2.        Estimated impact on
expenditure

3.2.1.     Summary of estimated impact
on expenditure

EUR
million (to 3rd decimal place)

Heading of multiannual financial framework: || Number 2 || Preservation and management of natural resources

DG: MARE || || || Year N[12] 2013 || Year N+1 2014 || Year N+2 2015 || Year N+3 2016 || Year N+4 2017 || TOTAL

Ÿ Operational appropriations || || || || || ||

Number of budget line: 11.0301 || Commitments || (1) || 1.350 || 1.350 || 1.350 || || || 4.050

Payments || (2) || 1.350 || 1.350 || 1.350 || || || 4.050

Number of budget line: || Commitments || (1a) || || || || || ||

Payments || (2a) || || || || || ||

Appropriations of an administrative nature financed from the envelope for specific programmes[13] || || || || || ||

Number of budget line: 11.010404 || || (3) || 0.037 || 0.037 || 0.037 || || ||

TOTAL appropriations for DG MARE || Commitments || =1+1a +3 || 1.387 || 1.387 || 1.387 || || || 4.161

Payments || =2+2a +3 || 1.387 || 1.387 || 1.387 || || || 4.161

Ÿ TOTAL operational appropriations || Commitments || (4) || 1.350 || 1.350 || 1.350 || || || 4.050

Payments || (5) || 1.350 || 1.350 || 1.350 || || || 4.050

Ÿ TOTAL appropriations of an administrative nature financed from the envelope of specific programmes || (6) || 0.037 || 0.037 || 0.037 || || || 0.111

TOTAL appropriations under HEADING 2 of the multiannual financial framework || Commitments || =4+ 6 || 1.387 || 1.387 || 1.387 || || || 4.161

Payments || =5+ 6 || 1.387 || 1.387 || 1.387 || || || 4.161

If more
than one heading is affected by the proposal/initiative: (not applicable)

Ÿ TOTAL operational appropriations || Commitments || (4) || || || || || || || ||

Payments || (5) || || || || || || || ||

Ÿ TOTAL appropriations of an administrative nature financed from the envelope of specific programmes || (6) || || || || || || || ||

TOTAL appropriations under HEADINGS 1 to 4 of the multiannual financial framework (Reference amount) || Commitments || =4+ 6 || || || || || || || ||

Payments || =5+ 6 || || || || || || || ||

Heading of multiannual financial framework: || 5 || ‘Administrative expenditure’

EUR
million (to 3rd decimal place)

|| || || Year N[14] 2013 || Year N+1 2014 || Year N+2 2015 || Year N+3 2016 || Year N+4 2017 || TOTAL

DG: MARE ||

Ÿ Human resources || 0.059 || 0.059 || 0.059 || || || 0.177 ||

Ÿ Other administrative expenditure || 0.010 || 0.010 || 0.010 || || || 0.030 ||

TOTAL DG MARE || Appropriations || 0.069 || 0.069 || 0.069 || || || 0.207 ||

TOTAL appropriations under HEADING 5 of the multiannual financial framework || (Total commitments = Total payments) || 0.069 || 0.069 || 0.069 || || || 0.207

EUR
million (to 3rd decimal place)

|| || || Year N[15] 2013 || Year N+1 2014 || Year N+2 2015 || Year N+3 2016 || Year N+4 2017 || TOTAL

TOTAL appropriations under HEADINGS 1 to 5 of the multiannual financial framework || Commitments || 1.456 || 1.456 || 1.456 || || || 4.368

Payments || 1.456 || 1.456 || 1.456 || || || 4.368

3.2.2.     Estimated impact on
operational appropriations

–
 ̈  The proposal/initiative does not require the use of operational
appropriations

–
X The proposal/initiative requires the use of
operational appropriations, as explained below:

Commitment
appropriations in EUR million (to 3 decimal places)

Indicate the objectives and outputs ò || || || Year N 2013 || Year N+1 2014 || Year N+2 2015 || Year N+3 2016 || Year N+4 2017 || TOTAL

OUTPUTS

Type[16] || Average cost of the output || Number || Cost || Number || Cost || Number || Cost || Number || Cost || Number || Cost || Number || Cost || Number || Cost || Total No. || Total cost

SPECIFIC OBJECTIVE No 1[17]... || || || || || || || || || || || || || || || ||

Tuna vessel licences || Tonnage || EUR 45/t || 20.000 || 0.9 || 20.000 || 0.9 || 20.000 || 0.9 || || || || || || || || || ||

Sectoral support || || 0.450 || 1 || 0.450 || 1 || 0.450 || 1 || 0.450 || || || || || || || || || ||

Sub-total for specific objective No 1 || || 1.350 || || 1.350 || || 1.350 || || || || || || || || || || 4.050

SPECIFIC OBJECTIVE No 2... || || || || || || || || || || || || || || || ||

Output || || || || || || || || || || || || || || || || || ||

Sub-total for specific objective No 2 || || || || || || || || || || || || || || || ||

TOTAL COST || || 1.350 || || 1.350 || || 1.350 || || || || || || || || || || 4.050

3.2.3.     Estimated impact on
appropriations of an administrative nature

3.2.3.1.  Summary

–
 ̈  The proposal/initiative does not require the use of administrative
appropriations

–
X The proposal/initiative requires the use of
administrative appropriations, as explained below:

EUR million (to 3rd decimal place)

|| Year N[18] 2013 || Year N+1 2014 || Year N+2 2015 || Year N+3 2016 || Year N+4 2017 || TOTAL

HEADING 5 of the multiannual financial framework || || || || || ||

Human resources || 0.059 || 0.059 || 0.059 || || || 0.177

Other administrative expenditure || 0.010 || 0.010 || 0.010 || || || 0.030

Subtotal HEADING 5 of the multiannual financial framework || 0.069 || 0.069 || 0.069 || || || 0.207

Outside HEADING 5[19] of the multiannual financial framework || || || || || ||

Human resources || 0.031 || 0.031 || 0.031 || || || 0.093

Other administrative expenditure || 0.006 || 0.006 || 0.006 || || || 0.018

Subtotal outside HEADING 5 of the multiannual financial framework || 0.037 || 0.037 || 0.037 || || || 0.111

TOTAL || 0.106 || 0.106 || 0.106 || || || 0.318

The administrative appropriations required will
be met by the appropriations of the DG which are already assigned to management
of the action and/or which have been redeployed within the DG, together if
necessary with any additional allocation which may be granted to the managing
DG under the annual allocation procedure and in the light of budgetary
constraints.

3.2.3.2.  Estimated
requirements of human resources

–
 ̈  The proposal/initiative does not require the use of human
resources.

–
X The proposal/initiative requires the use of
human resources, as explained below:

Estimate to be expressed in full amounts (or at most to one decimal
place)

|| Year N 2013 || Year N+1 2014 || Year N+2 2015 || Year N+3 2016 || Year N+3 2017

Ÿ Establishment plan posts (officials and temporary agents)

11 01 01 01 (Headquarters and Commission’s Representation Offices) || 0.35 || 0.35 || 0.35 || || || ||

11 01 01 02 (Delegations) || || || || || || ||

11 01 05 01 (Indirect research) || || || || || || ||

10 01 05 01 (Direct research) || || || || || || ||

Ÿ External personnel (in full-time equivalent – FTE)[20]

11 01 02 01 (CA, INT, SNE from the ‘global envelope’) || 0.1 || 0.1 || 0.1 || || || ||

11 01 02 02 (CA, INT, JED, LA and SNE in the delegations) || || || || || || ||

11 01 04 04 [21] || at Headquarters[22] || || || || || || ||

in delegations || 0.25 || 0.25 || 0.25 || || || ||

11 01 05 02 (CA, INT, SNE - Indirect research) || || || || || || ||

10 01 05 02 (CA, INT, SNE - Direct research) || || || || || || ||

Other budget lines (specify) || || || || || || ||

TOTAL || 0.7 || 0.7 || 0.7 || || || ||

11 is the
policy area or budget title concerned.

The human resources required will be met by
staff from the DG who are already assigned to management of the action and/or
have been redeployed within the DG, together if necessary with any additional
allocation which may be granted to the managing DG under the annual allocation
procedure and in the light of budgetary constraints.

Description of tasks to be carried out:

Officials and temporary staff || Monitoring and management of the process for the (re)negotiation of the FPA and the approval of the result of the negotiations by the institutions; management of the current FPA, including permanent operational and financial monitoring; management of licences. Desk officer from DG MARE + HoU/deputy HoU + secretariat: overall estimate of 0.45 people/year Calculation of costs: 0.45 people/year x EUR 131 000/year = EUR 58 950 => EUR 0.059 million

External personnel || Monitoring the implementation of the sectoral support – CA assigned to the Delegation (Libreville): overall estimate of 0.25 people/year Calculation of costs: 0.25 people/year x EUR 125 000/year = EUR 31 250 => EUR 0.031 million

3.2.4.     Compatibility with the
current multiannual financial framework

–
X The proposal/initiative is compatible with the
current multiannual financial framework.

–
 ̈  The proposal/initiative will entail reprogramming of the relevant
heading in the multiannual financial framework.

Explain what reprogramming is required, specifying the budget lines
concerned and the corresponding amounts.

–
 ̈  The proposal/initiative requires application of the flexibility
instrument or revision of the multiannual financial framework[23].

Explain what is required, specifying the headings and budget lines
concerned and the corresponding amounts.

3.2.5.     Third-party contributions

–
X The proposal/initiative does not provide for
cofinancing by third parties.

–
 ̈ The proposal/initiative provides for the cofinancing estimated
below:

Appropriations
in EUR million (to 3 decimal places)

|| Year N || Year N+1 || Year N+2 || Year N+3 || Enter as many years as necessary to show the duration of the impact (see point 1.6) || Total

Specify the cofinancing body/source || || || || || || || ||

TOTAL appropriations co-financed || || || || || || || ||

3.3.        Estimated impact on
revenue

–
X The proposal/initiative has no financial
impact on revenue.

–
 ̈  The proposal/initiative has the following financial impact:

–
 ̈         on own resources

–
 ̈         on miscellaneous revenue

EUR
million (to 3rd decimal place)

Budget revenue line: || Appropriations available for the ongoing budget exercise || Impact of the proposal/initiative[24]

Year N || Year N+1 || Year N+2 || Year N+3 || Enter as many years as necessary to show the duration of the impact (see point 1.6)

Article ............. || || || || || || || ||

For miscellaneous ‘assigned’ revenue, specify
the budget expenditure line(s) affected.

Specify the method for calculating the impact
on revenue.

[1]               OJ C ...

[2]               OJ L 109, 26.4.2007, p. 1.

[3]               OJ L 319, 18.11.2006.

[4]               OJ C ...

[5]               ABM: Activity-Based Management – ABB: Activity-Based
Budgeting.

[6]               As referred to in Article 49(6)(a) or (b) of the Financial
Regulation.

[7]               Details of management modes and references to the
Financial Regulation may be found on the BudgWeb site: http://www.cc.cec/budg/man/budgmanag/budgmanag_en.html

[8]               As referred to in Article 185 of the Financial
Regulation.

[9]               DA= Differentiated appropriations / NDA=
Non-differentiated appropriations.

[10]             EFTA: European Free Trade Association.

[11]             Candidate countries and, where applicable, potential
candidate countries from the Western Balkans.

[12]             Year N is the year in which implementation of the
proposal/initiative starts.

[13]             Technical and/or administrative assistance and
expenditure in support of the implementation of EU programmes and/or actions
(former ‘BA’ lines), indirect research, direct research.

[14]             Year N is the year in which implementation of the
proposal/initiative starts.

[15]             Year N is the year in which implementation of the
proposal/initiative starts.

[16]             Outputs are products and services to be supplied (e.g.:
number of student exchanges financed, number of km of roads built, etc.).

[17]             As described in Section 1.4.2. ‘Specific objective(s)’.

[18]             Year N is the year in which implementation of the
proposal/initiative starts.

[19]             Technical and/or administrative assistance and expenditure
in support of the implementation of EU programmes and/or actions (former ‘BA’
lines), indirect research, direct research.

[20]             CA= Contract Agent; INT= agency staff (‘Intérimaire’); JED=
‘Jeune Expert en Délégation’ (Young Experts in Delegations); LA= Local Agent; SNE=
Seconded National Expert.

[21]             Sub-ceiling for external staff under operational
appropriations (former ‘BA’ lines).

[22]             For Structural Funds, European Agricultural Fund for
Rural Development (EAFRD) and European Fisheries Fund (EFF).

[23]             See points 19 and 24 of the Interinstitutional
Agreement.

[24]             As regards traditional own resources (customs duties,
sugar levies), the amounts indicated must be net amounts, i.e. gross amounts
after deduction of 25% for collection costs.