# L_2007205EN.01003501.xml

| 7.8.2007 | EN | Official Journal of the European Union | L 205/35 |
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7.8.2007

EN

Official Journal of the European Union

L 205/35

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COUNCIL REGULATION (EC) No 894/2007

COUNCIL REGULATION

of 23 July 2007

on the conclusion of a Fisheries Partnership Agreement between the Democratic Republic of São Tomé and Príncipe and the European Community

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 37 in conjunction with Article 300(2) and the first subparagraph of Article 300(3) thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament,

Whereas:

| (1) | The Community and the Democratic Republic of São Tomé and Príncipe have negotiated and initialled a Fisheries Partnership Agreement providing Community fishermen with fishing opportunities in the waters falling within the sovereignty or jurisdiction of the Democratic Republic of São Tomé and Príncipe. |
| --- | --- |

(1)

The Community and the Democratic Republic of São Tomé and Príncipe have negotiated and initialled a Fisheries Partnership Agreement providing Community fishermen with fishing opportunities in the waters falling within the sovereignty or jurisdiction of the Democratic Republic of São Tomé and Príncipe.

| (2) | It is in the Community’s interest to approve that Agreement. |
| --- | --- |

(2)

It is in the Community’s interest to approve that Agreement.

| (3) | The method for allocating the fishing opportunities among the Member States should be defined, |
| --- | --- |

(3)

The method for allocating the fishing opportunities among the Member States should be defined,

HAS ADOPTED THIS REGULATION:

Article 1

The Fisheries Partnership Agreement between the Democratic Republic of São Tomé and Príncipe and the European Community is hereby approved on behalf of the Community.

The text of the Agreement is attached to this Regulation.

Article 2

The fishing opportunities set out in the Protocol to the Agreement shall be allocated among the Member States as follows:

| Fishing category | Type of vessel | Member State | Licences or quota |
| --- | --- | --- | --- |
| Tuna fishing | Freezer tuna seiners | Spain | 13 |
| France | 12 |
| Tuna fishing | Surface longliners | Spain | 13 |
| Portugal | 5 |

Fishing category

Type of vessel

Member State

Licences or quota

Tuna fishing

Freezer tuna seiners

Spain

13

France

12

Tuna fishing

Surface longliners

Spain

13

Portugal

5

If licence applications from these Member States do not cover all the fishing opportunities laid down by the Protocol, the Commission may take into consideration licence applications from any other Member State.

Article 3

The Member States whose vessels fish under this Agreement shall notify the Commission of the quantities of each stock caught within São Tomé and Príncipe’s fishing zone in accordance with Commission Regulation (EC) No 500/2001 of 14 March 2001 laying down detailed rules for the application of Council Regulation (EEC) No 2847/93 on the monitoring of catches taken by Community fishing vessels in third country waters and on the high seas (1).

1

Article 4

The President of the Council is hereby authorised to designate the persons empowered to sign the Agreement in order to bind the Community.

Article 5

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

Official Journal of the European Union

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

Done at Brussels, 23 July 2007.

For the Council

The President

L. AMADO

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(1)  OJ L 73, 15.3.2001, p. 8.

1

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FISHERIES PARTNERSHIP AGREEMENT

between the Democratic Republic of São Tomé and Príncipe and the European Community

THE DEMOCRATIC REPUBLIC OF SÃO TOMÉ AND PRÍNCIPE,

hereinafter referred to as ‘São Tomé and Príncipe’,

and

THE EUROPEAN COMMUNITY,

hereinafter referred to as ‘the Community’,

hereinafter referred to as ‘the Parties’,

CONSIDERING the close working relationship between the Community and São Tomé and Príncipe, particularly in the context of the Cotonou Agreement, and their mutual desire to intensify that relationship,

CONSIDERING the desire of the two Parties to promote the sustainable exploitation of fisheries resources by means of cooperation,

HAVING REGARD TO the United Nations Convention on the Law of the Sea,

DETERMINED to apply the decisions and recommendations of the International Commission for the Conservation of Atlantic Tunas, hereinafter referred to as ‘ICCAT’,

AWARE of the importance of the principles established by the Code of Conduct for Responsible Fisheries adopted at the FAO Conference in 1995,

DETERMINED to cooperate, in their mutual interest, in promoting the introduction of responsible fisheries to ensure the long-term conservation and sustainable exploitation of marine living resources,

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

INTENDING, to these ends, to commence a dialogue on the sectoral fisheries policy adopted by the Government of São Tomé and Príncipe and to identify the appropriate means of ensuring that this policy is effectively implemented and that economic operators and civil society are involved in the process,

DESIROUS of establishing terms and conditions governing the fishing activities of Community vessels in São Toméan waters and Community support for the introduction of responsible fishing in those waters,

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

HEREBY AGREE AS FOLLOWS:

Article 1

Scope

This Agreement establishes the principles, rules and procedures governing:

| — | economic, financial, technical and scientific cooperation in the fisheries sector with a view to promoting responsible fishing in São Tomé and Príncipe’s fishing zones to guarantee the conservation and sustainable exploitation of fisheries resources and develop São Tomé and Príncipe’s fisheries sector, |
| --- | --- |

—

economic, financial, technical and scientific cooperation in the fisheries sector with a view to promoting responsible fishing in São Tomé and Príncipe’s fishing zones to guarantee the conservation and sustainable exploitation of fisheries resources and develop São Tomé and Príncipe’s fisheries sector,

| — | the conditions governing access by Community fishing vessels to São Tomé and Príncipe’s fishing zones, |
| --- | --- |

—

the conditions governing access by Community fishing vessels to São Tomé and Príncipe’s fishing zones,

| — | cooperation on the arrangements for policing fisheries in São Tomé and Príncipe’s fishing zones with a view to ensuring that the above rules and conditions are complied with, that the measures for the conservation and management of fish stocks are effective and that illegal, undeclared and unregulated fishing is prevented, |
| --- | --- |

—

cooperation on the arrangements for policing fisheries in São Tomé and Príncipe’s fishing zones with a view to ensuring that the above rules and conditions are complied with, that the measures for the conservation and management of fish stocks are effective and that illegal, undeclared and unregulated fishing is prevented,

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

—

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

Article 2

Definitions

For the purposes of this Agreement:

| (a) | ‘São Toméan authorities’ means the Government of São Tomé and Príncipe; |
| --- | --- |

(a)

‘São Toméan authorities’ means the Government of São Tomé and Príncipe;

| (b) | ‘Community authorities’ means the European Commission; |
| --- | --- |

(b)

‘Community authorities’ means the European Commission;

| (c) | ‘São Tomé and Príncipe’s fishing zone’ means the waters over which, as regards fisheries, São Tomé and Príncipe has sovereignty or jurisdiction; |
| --- | --- |

(c)

‘São Tomé and Príncipe’s fishing zone’ means the waters over which, as regards fisheries, São Tomé and Príncipe has sovereignty or jurisdiction;

| (d) | ‘fishing vessel’ means any vessel equipped for commercial exploitation of living aquatic resources; |
| --- | --- |

(d)

‘fishing vessel’ means any vessel equipped for commercial exploitation of living aquatic resources;

| (e) | ‘Community vessel’ means a fishing vessel flying the flag of a Member State of the Community and registered in the Community; |
| --- | --- |

(e)

‘Community vessel’ means a fishing vessel flying the flag of a Member State of the Community and registered in the Community;

| (f) | ‘Joint Committee’ means a committee made up of representatives of the Community and São Tomé and Príncipe, as specified in Article 9 of this Agreement; |
| --- | --- |

(f)

‘Joint Committee’ means a committee made up of representatives of the Community and São Tomé and Príncipe, as specified in Article 9 of this Agreement;

| (g) | ‘transhipment’ means the transfer in or off the port of some or all of the catch from one fishing vessel to another vessel; |
| --- | --- |

(g)

‘transhipment’ means the transfer in or off the port of some or all of the catch from one fishing vessel to another vessel;

| (h) | ‘unusual circumstances’ means circumstances, other than natural phenomena, which are beyond the reasonable control of one of the Parties and are such as to prevent fishing activities in São Toméan waters; |
| --- | --- |

(h)

‘unusual circumstances’ means circumstances, other than natural phenomena, which are beyond the reasonable control of one of the Parties and are such as to prevent fishing activities in São Toméan waters;

| (i) | ‘ACP seamen’ means any seamen who are nationals of a non-European signatory to the Cotonou Agreement. To this end, a São Toméan seaman is an ACP seaman; |
| --- | --- |

(i)

‘ACP seamen’ means any seamen who are nationals of a non-European signatory to the Cotonou Agreement. To this end, a São Toméan seaman is an ACP seaman;

| (j) | ‘by-catches’ means any quantity of species not listed in Annex 1 to the 1982 United Nations Convention caught. |
| --- | --- |

(j)

‘by-catches’ means any quantity of species not listed in Annex 1 to the 1982 United Nations Convention caught.

Article 3

Principles and objectives underlying the implementation of this Agreement

1.   The Parties hereby undertake to promote responsible fishing in São Tomé and Príncipe’s fishing zones on the basis of the principles of non-discrimination between the different fleets fishing in those waters, without prejudice to the agreements concluded between developing countries within a geographical region, including reciprocal fisheries agreements.

2.   The Parties shall cooperate with a view to implementing a sectoral fisheries policy adopted by the Government of São Tomé and Príncipe and to that end shall initiate a policy dialogue on the necessary reforms. They shall consult with a view to adopting potential measures in this area.

3.   The Parties shall also cooperate in carrying out ex ante, ongoing and ex post evaluations, both jointly and unilaterally, of measures, programmes and actions implemented on the basis of this Agreement.

4.   The Parties hereby undertake to ensure that this Agreement is implemented in accordance with the principles of good economic and social governance, respecting the state of fish stocks.

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

Article 4

Scientific cooperation

1.   During the period covered by this Agreement, the Community and São Tomé and Príncipe shall endeavour to monitor the evolution of resources in São Tomé and Príncipe’s fishing zone.

2.   The two Parties, on the basis of the recommendations and resolutions adopted within the International Commission for the Conservation of Atlantic Tunas (ICCAT), and in the light of the best available scientific advice, shall consult each other within the Joint Committee provided for in Article 9 of the Agreement and adopt, where appropriate after a scientific meeting and by mutual agreement, measures to ensure the sustainable management of fisheries resources affecting the activities of Community vessels.

3.   The parties undertake to consult one other, either directly, including at subregional level within COREP (Regional Fisheries Committee for the Gulf of Guinea (COREP), or within the competent international organisations, to ensure the management and conservation of living resources in the Atlantic Ocean, and to cooperate in the relevant scientific research.

Article 5

Access by Community vessels to fisheries in São Toméan waters

1.   São Tomé and Príncipe undertakes to authorise Community vessels to engage in fishing activities in its fishing zone in accordance with this Agreement, including the Protocol and Annex thereto.

2.   The fishing activities governed by this Agreement shall be subject to the laws and regulations in force in São Tomé and Príncipe. The São Toméan authorities shall notify the Commission of any amendments to that legislation.

3.   São Tomé and Príncipe shall take all the appropriate steps required for the effective application of the fisheries monitoring provisions in the Protocol. Community vessels shall cooperate with the São Toméan authorities responsible for carrying out such monitoring.

4.   The Community undertakes to take all the appropriate steps required to ensure that its vessels comply with this Agreement and the legislation governing fisheries in the waters over which São Tomé and Príncipe has jurisdiction.

Article 6

Licences

1.   Community vessels may fish in São Tomé and Príncipe’s fishing zone only if they are in possession of a fishing licence issued by São Tomé and Príncipe under this Agreement and the Protocol hereto.

2.   The procedure for obtaining a fishing licence for a vessel, the taxes applicable and the method of payment to be used by shipowners shall be as set out in the Annex to the Protocol.

Article 7

Financial contribution

1.   The Community shall grant São Tomé and Príncipe a financial contribution in accordance with the terms and conditions laid down in the Protocol and Annex. This single contribution shall be based on two elements, namely:

| (a) | access by Community vessels to São Toméan waters and fisheries resources, and |
| --- | --- |

(a)

access by Community vessels to São Toméan waters and fisheries resources, and

| (b) | the Community’s financial support for promoting responsible fishing and the sustainable exploitation of fisheries resources in São Toméan waters. |
| --- | --- |

(b)

the Community’s financial support for promoting responsible fishing and the sustainable exploitation of fisheries resources in São Toméan waters.

2.   The element of the financial contribution referred to in paragraph 1(a) above shall be determined in the light of objectives identified by common accord between the Parties in accordance with the Protocol, to be achieved in the context of the sectoral fisheries policy drawn up by the Government of São Tomé and Príncipe and an annual and multiannual programme for its implementation.

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

| (a) | unusual circumstances; |
| --- | --- |

(a)

unusual circumstances;

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

(b)

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

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

(c)

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

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

(d)

a reassessment of the terms of financial support for implementing a sectoral fisheries policy in São Tomé and Príncipe, where this is warranted by the results of the annual and multiannual programming observed by both Parties;

| (e) | termination of this Agreement under Article 13; |
| --- | --- |

(e)

termination of this Agreement under Article 13;

| (f) | suspension of the application of this Agreement under Article 12. |
| --- | --- |

(f)

suspension of the application of this Agreement under Article 12.

Article 8

Promoting cooperation among economic operators and civil society

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

2.   The Parties undertake to promote exchanges of information on fishing techniques and gear, preservation methods and the industrial processing of fisheries products.

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

4.   The Parties shall encourage, in particular, the setting-up of joint enterprises in their mutual interest which shall systematically comply with São Toméan and Community legislation.

Article 9

Joint Committee

1.   A Joint Committee shall be set up to monitor the application of this Agreement. The Joint Committee shall perform the following functions:

| (a) | monitoring the performance, interpretation and application of this Agreement and, in particular, the definition of the annual and multiannual programming referred to in Article 7(2) and evaluation of its implementation; |
| --- | --- |

(a)

monitoring the performance, interpretation and application of this Agreement and, in particular, the definition of the annual and multiannual programming referred to in Article 7(2) and evaluation of its implementation;

| (b) | providing the necessary liaison for matters of mutual interest relating to fisheries, in particular statistical analysis of data on catches; |
| --- | --- |

(b)

providing the necessary liaison for matters of mutual interest relating to fisheries, in particular statistical analysis of data on catches;

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

(c)

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

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

(d)

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

| (e) | any other function which the Parties decide on by mutual agreement. |
| --- | --- |

(e)

any other function which the Parties decide on by mutual agreement.

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

Article 10

Geographical area to which the Agreement applies

This Agreement shall apply, on the one hand, to the territories in which the Treaty establishing the European Community applies, under the conditions laid down in that Treaty, and, on the other, to the territory of São Tomé and Príncipe.

Article 11

Duration

This Agreement shall apply for four years from the date of its entry into force; it shall be tacitly renewed for additional periods of four years, unless notice of termination is given in accordance with Article 13.

Article 12

Suspension

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

2.   Payment of the financial contribution referred to in Article 7 shall be reduced proportionately and pro rata temporis, according to the duration of the suspension.

Article 13

Termination

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

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

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

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

Article 14

Protocol and Annex

The Protocol and the Annex shall form an integral part of this Agreement.

Article 15

National law

The activities of Community vessels operating in São Toméan waters shall be governed by the applicable law in São Tomé and Príncipe, unless otherwise provided in the Agreement, this Protocol and the Annex and Appendices hereto.

Article 16

Repeal

On the date of its entry into force, this Agreement repeals and replaces the Agreement between the European Community and the Republic of São Tomé and Príncipe on fishing off the coast of São Tomé and Príncipe which entered into force on 25 February 1984.

However, the Protocol setting out for the period from 1 June 2006 to 31 May 2010 the fishing opportunities and financial contribution provided for in the Fisheries Agreement between the European Community and the Republic of São Tomé and Príncipe on fishing off the coast of São Tomé and Príncipe shall remain in force during the period referred to in Article 1(1) thereof and shall become an integral part of the present Agreement.

Article 17

Entry into force

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

PROTOCOL

setting out the fishing opportunities and the financial contribution provided for by the Agreement between the Democratic Republic of São Tomé and Príncipe and the European Community on fishing off the coast of São Tomé and Príncipe for the period from 1 June 2006 to 31 May 2010

Article 1

Period of application and fishing opportunities

1.   For a period of four years from 1 June 2006, the fishing opportunities granted under Article 5 of the Agreement shall be as follows:

highly migratory species (species listed in Annex 1 to the 1982 United Nations Convention):

| — | freezer tuna seiners: 25 vessels, |
| --- | --- |

—

freezer tuna seiners: 25 vessels,

| — | surface longliners: 18 vessels. |
| --- | --- |

—

surface longliners: 18 vessels.

2.   Paragraph 1 shall apply subject to Articles 4 and 5 of this Protocol.

3.   Vessels flying the flag of a Member State of the European Community may fish in São Tomé and Príncipe’s fishing zone only if they are in possession of a fishing licence issued by São Tomé and Príncipe under this Protocol in accordance with the Annex hereto.

Article 2

Financial contribution – Methods of payment

1.   The financial contribution referred to in Article 7 of the Agreement shall comprise, for the period referred to in Article 1, an annual amount of EUR 552 500 equivalent to a reference tonnage of 8 500 tonnes per year and a specific amount of EUR 1 105 000 per year for the support and implementation of São Tomé and Príncipe’s sectoral fisheries policy. This specific amount shall be an integral part of the single financial contribution defined in Article 7 of the Agreement.

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

3.   The Community shall pay the total amount referred to in paragraph 1, i.e. EUR 663 000, each year during the period of application of this Protocol.

4.   If the overall quantity of catches by Community vessels in São Toméan waters exceeds 8 500 tonnes per year, the amount of the financial contribution (EUR 552 500) shall be increased by EUR 65 for each additional tonne caught. However, the total annual amount paid by the Community shall not be more than twice the amount equivalent to the reference tonnage (i.e. EUR 1 105 000). Where the quantities caught by Community vessels exceed the quantities corresponding to twice the total annual amount (17 000 tonnes), the amount due for the quantity exceeding that limit shall be paid the following year.

5.   Payment of the financial contribution referred to in paragraph 1 shall be made no later than 15 May 2007 for the first year and no later than 31 July 2007, 2008 and 2009 for the following years.

6.   Subject to Article 6, the São Toméan authorities shall have full discretion regarding the use to which this financial contribution is put.

7.   The financial contribution shall be paid into a single São Tomé and Príncipe Public Treasury account opened with a financial institution specified by the São Toméan authorities.

Article 3

Cooperation on responsible fishing – Scientific cooperation

1.   The Parties hereby undertake to promote responsible fishing in São Toméan waters on the basis of the principles of non-discrimination between the different fleets fishing in those waters.

2.   During the period covered by this Protocol, the Community and the São Toméan authorities shall endeavour to monitor the evolution of resources in São Tomé and Príncipe’s fishing zone.

3.   The Parties undertake to promote cooperation at subregional level on responsible fishing and, in particular, within COREP.

4.   In accordance with Article 4 of the Agreement and on the basis of the recommendations and resolutions adopted within the International Commission for the Conservation of Atlantic Tunas (ICCAT), and in the light of the best available scientific advice, the Parties shall consult each other within the Joint Committee provided for in Article 9 of the Agreement and adopt, where appropriate after a scientific meeting possibly at subregional level, and by mutual agreement, measures to ensure the sustainable management of fisheries resources affecting the activities of Community vessels.

Article 4

Review of fishing opportunities by mutual agreement

1.   The fishing opportunities referred to in Article 1 may be increased by mutual agreement provided that the conclusions of the scientific meeting referred to in Article 3(4) confirm that such an increase will not endanger the sustainable management of São Tomé and Príncipe’s resources. In this case the share of the financial contribution of EUR 552 000 referred to in Article 2(1) shall be increased proportionately and pro rata temporis. However, the total amount of the financial contribution paid by the European Community in respect of the reference tonnage shall not be more than twice the amount of EUR 552 500. Where the quantities caught annually by Community vessels are more than twice 8 500 tonnes (i.e. 17 000 tonnes), the amount due for the quantity exceeding that limit shall be paid the following year.

2.   Conversely, if the Parties agree to adopt a reduction in the fishing opportunities provided for in Article 1, the financial contribution shall be reduced proportionately and pro rata temporis.

3.   The allocation of the fishing opportunities among different categories of vessels may also be reviewed, following consultations and by mutual agreement between the Parties, provided that any changes comply with recommendations made by the scientific meeting referred to in Article 3 regarding the management of stocks liable to be affected by such redistribution. The Parties shall agree on the corresponding adjustment of the financial contribution where the redistribution of fishing opportunities so warrants.

Article 5

New fishing opportunities

Should Community vessels be interested in fishing activities which are not indicated in Article 1, the Community shall consult São Tomé and Príncipe in order to seek authorisation for these new activities. Where appropriate, the Parties shall agree on the conditions applicable to these new fishing opportunities and, if necessary, make amendments to this Protocol and to the Annex hereto.

Article 6

Suspension and review of the payment of the financial contribution in the event of unusual circumstances

1.   Where unusual circumstances, other than natural phenomena, prevent fishing activities in São Tomé and Príncipe’s exclusive economic zone (EEZ), the European Community may suspend payment of the financial contribution provided for in Article 2(1). The suspension decision shall be taken following consultations between the two Parties within a period of two months following the request of one of the Parties, and provided that the Community has paid in full any amounts due at the time of suspension.

2.   Payment of the financial contribution shall resume as soon as the Parties find, by mutual agreement following consultations, that the circumstances preventing fishing activities are no longer present and/or that the situation allows a resumption of fishing activities.

3.   Where the validity of the licences granted to Community vessels is suspended along with the payment of the financial contribution, it shall be extended by a period equal to the period during which fishing activities were suspended.

Article 7

Promotion of responsible fishing in São Toméan waters

1.   Out of the total amount of the financial contribution (EUR 663 000) fixed in Article 2, 50 % (or EUR 331 500) shall be allocated each year to the support and implementation of initiatives taken in the context of the sectoral fisheries policy drawn up by the Government of São Tomé and Príncipe.

São Tomé and Príncipe shall manage the corresponding amount following the identification by mutual agreement between the two Parties, in accordance with the current priorities of São Tomé and Príncipe’s fisheries policy for ensuring sustainable and responsible management of the sector, of the objectives to be attained and the annual and multiannual programming required to attain them, pursuant to paragraph 2 below.

2.   On a proposal from São Tomé and Príncipe and for the purposes of implementing the preceding paragraph, as soon as this Protocol enters into force and no later than three months after that date, the Community and São Tomé and Príncipe shall agree, within the Joint Committee provided for in Article 9 of the Agreement, on a multiannual sectoral programme and detailed implementing rules covering, in particular:

| (a) | annual and multiannual guidelines for using the percentage of the financial contribution referred to in paragraph 1 and its specific amounts for the initiatives to be carried out each year; |
| --- | --- |

(a)

annual and multiannual guidelines for using the percentage of the financial contribution referred to in paragraph 1 and its specific amounts for the initiatives to be carried out each year;

| (b) | the objectives, both annual and multiannual, to be achieved with a view to promoting responsible fishing and sustainable fisheries, taking account of the priorities expressed by São Tomé and Príncipe in its national fisheries policy and other policies relating to or having an impact on the promotion of responsible fishing and sustainable fisheries; |
| --- | --- |

(b)

the objectives, both annual and multiannual, to be achieved with a view to promoting responsible fishing and sustainable fisheries, taking account of the priorities expressed by São Tomé and Príncipe in its national fisheries policy and other policies relating to or having an impact on the promotion of responsible fishing and sustainable fisheries;

| (c) | criteria and procedures for evaluating the results obtained each year; |
| --- | --- |

(c)

criteria and procedures for evaluating the results obtained each year;

| (d) | any revision of the percentage of the total amount of the financial contribution referred to in paragraph 1 of this Article, applicable in the years following the first year of application of this Protocol. |
| --- | --- |

(d)

any revision of the percentage of the total amount of the financial contribution referred to in paragraph 1 of this Article, applicable in the years following the first year of application of this Protocol.

3.   Any proposed amendments to the multiannual sectoral programme or of the use of the specific amounts for the initiatives to be carried out each year must be approved by both Parties within the Joint Committee.

4.   Each year, São Tomé and Príncipe shall allocate the share corresponding to the percentage referred to in paragraph 1 with a view to implementing the multiannual programme. For the first year of application of the Protocol, that allocation must be notified to the Community at the time when the multiannual sectoral programme is approved within the Joint Committee. For each year of application of the Protocol thereafter, São Tomé and Príncipe shall notify the Community of the allocation no later than 1 May of the previous year.

5.   Where the annual evaluation of the progress made in implementing the multiannual sectoral programme so warrants, the European Community may ask for the financial contribution referred to in Article 2(1) of this Protocol to be readjusted with a view to bringing the actual amount of financial resources allocated to implementation of the programme into line with its results.

Article 8

Disputes – suspension of application of the Protocol

1.   Any dispute between the Parties over the interpretation of this Protocol or its application shall be the subject of consultations between the Parties within the Joint Committee provided for in Article 9 of the Agreement, in a special meeting if necessary.

2.   Without prejudice to Article 9, application of the Protocol may be suspended at the initiative of one Party if the dispute between the two Parties is deemed to be serious and if the consultations held within the Joint Committee under paragraph 1 have not resulted in an amicable settlement.

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

4.   In the event of suspension, the Parties shall continue to consult with a view to finding an amicable settlement to their dispute. As soon as an amicable 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.

Article 9

Suspension of application of the Protocol on grounds of non-payment

Subject to Article 6, if the Community fails to make the payments provided for in Article 2, application of this Protocol may be suspended on the following terms:

| (a) | The competent São Toméan authorities shall notify the European Commission of the non-payment. The latter shall carry out the requisite checks and, where necessary, transmit the payment within no more than 60 working days of the date of receipt of the notification. |
| --- | --- |

(a)

The competent São Toméan authorities shall notify the European Commission of the non-payment. The latter shall carry out the requisite checks and, where necessary, transmit the payment within no more than 60 working days of the date of receipt of the notification.

| (b) | If no payment is made and non-payment is not adequately justified within the period provided for in Article 2(5) of this Protocol, the competent São Toméan authorities shall be entitled to suspend application of the Protocol. They shall inform the European Commission of such action forthwith. |
| --- | --- |

(b)

If no payment is made and non-payment is not adequately justified within the period provided for in Article 2(5) of this Protocol, the competent São Toméan authorities shall be entitled to suspend application of the Protocol. They shall inform the European Commission of such action forthwith.

| (c) | Application of the Protocol shall resume as soon as the payment concerned has been made. |
| --- | --- |

(c)

Application of the Protocol shall resume as soon as the payment concerned has been made.

Article 10

National law

The activities of Community vessels operating in São Toméan waters shall be governed by the applicable law in São Tomé and Príncipe, unless otherwise provided in the Agreement, this Protocol and the Annex and Appendices hereto.

Article 11

Repeal

The Annex to the Agreement between the European Economic Community and the Republic of São Tomé and Príncipe on fishing off the coast of São Tomé and Príncipe is hereby repealed and replaced by the Annex to this Protocol.

Article 12

Entry into force

1.   This Protocol with its Annex shall enter into force on the date on which the Parties notify each other of the completion of the procedures necessary for that purpose.

2.   They shall apply with effect from 1 June 2006.

ANNEX

Conditions governing fishing activities by Community vessels in São Tomé and Príncipe’s fishing zone

CHAPTER I

APPLICATION FOR AND ISSUE OF LICENCES

SECTION 1

Issue of licences

1.   Only eligible vessels may obtain a licence to fish in São Tomé and Príncipe’s fishing zone.

2.   For a vessel to be eligible, neither the owner, the skipper nor the vessel itself must be prohibited from fishing in São Tomé and Príncipe. They must be in order vis-à-vis the São Toméan authorities insofar as they must have fulfilled all prior obligations arising from their fishing activities in São Tomé and Príncipe under fisheries agreements concluded with the Community.

3.   The relevant Community authorities shall submit (by electronic means) to the Ministry responsible for fisheries in São Tomé and Príncipe an application for each vessel wishing to fish under the Agreement at least 15 working days before the date of commencement of the period of validity requested.

4.   Applications shall be submitted to the Ministry responsible for fisheries on a form drawn up in accordance with the specimen in Appendix I. The São Toméan authorities shall take all the necessary steps to ensure that the data received as part of the licence application are treated as confidential. This data will be used exclusively in the context of the implementation of the Fisheries Agreement.

5.   All licence applications shall be accompanied by the following documents:

| — | proof of payment of the flat-rate advance for the period of validity of the licence; |
| --- | --- |

—

proof of payment of the flat-rate advance for the period of validity of the licence;

| — | (any other documents or certificates required under the specific rules applicable to the type of vessel concerned pursuant to this Protocol). |
| --- | --- |

—

(any other documents or certificates required under the specific rules applicable to the type of vessel concerned pursuant to this Protocol).

6.   The fee shall be paid into the account specified by the São Toméan authorities in accordance with Article 2(7) of the Protocol.

7.   The fees shall include all national and local charges with the exception of port taxes and service charges.

8.   Licences for all vessels shall be issued to shipowners or their representatives via the European Commission Delegation to Gabon within 15 working days of receipt of all the documents referred to in point 5 by the Ministry responsible for fisheries in São Tomé and Príncipe.

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

10.   However, at the request of the European Community and where force majeure is proven, a vessel’s licence shall be replaced by a new licence for another vessel of the same category as the first vessel, 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.

11.   The owner of the first vessel, or his or her representative, shall return the cancelled licence to the Ministry responsible for fisheries in São Tomé and Príncipe via the European Commission Delegation.

12.   The new licence shall take effect on the day that the vessel’s owner returns the cancelled licence to the Ministry responsible for fisheries in São Tomé and Príncipe. The European Commission Delegation to Gabon shall be informed of the licence transfer.

13.   The licence must be held on board at all times. The European Community shall keep an up-to-date list of the vessels to which a fishing licence has been issued under this Protocol. This draft shall be notified to the São Toméan authorities as soon as it is drawn up, and then each time it is updated. On receipt of this draft list and of notification of payment of the advance sent to the São Toméan authorities by the Commission, the vessel shall be entered by the competent São Toméan authority on a list of vessels authorised to fish, which shall be notified to the authorities responsible for fisheries inspection. In this case, a certified copy of this list shall be sent to the shipowner and kept on board instead of the fishing licence until the licence has been issued.

SECTION 2

Licence conditions – fees and advance payments

1.   Licences shall be valid for a period of one year. They shall be renewable.

2.   The fee shall be EUR 35 per tonne caught within São Tomé and Príncipe’s fishing zone in the case of tuna seiners and surface longliners.

3.   Licences shall be issued once the following standard amounts have been paid to the competent national authorities:

| — | EUR 5 250 per tuna seiner, equivalent to the fees due for 150 tonnes per year, |
| --- | --- |

—

EUR 5 250 per tuna seiner, equivalent to the fees due for 150 tonnes per year,

| — | EUR 1 925 per surface longliner, equivalent to the fees due for 55 tonnes per year. |
| --- | --- |

—

EUR 1 925 per surface longliner, equivalent to the fees due for 55 tonnes per year.

4.   Member States shall inform the European Commission not later than 15 June each year of the tonnages caught during the past year, as confirmed by the scientific institutes referred to in point 5 below.

5.   The final statement of the fees due for year n shall be drawn up by the European Commission by 31 July of year n + 1 at the latest on the basis of the catch declarations made by each shipowner and confirmed by the scientific institutes responsible for verifying catch data in the Member States, such as the IRD (Institut de Recherche pour le Développement), the IEO (Instituto Español de Oceanografía) and the IPIMAR (Instituto Português de Investigação Marítima) via the European Commission Delegation.

6.   This statement shall be sent simultaneously to the Ministry responsible for fisheries in São Tomé and Príncipe and to the shipowners.

7.   Any additional payments (for quantities caught in excess of 150 tonnes for tuna seiners and 55 tonnes for longliners) shall be made by the shipowners to the competent São Toméan national authorities by 31 August of year n + 1, into the account referred to in point 6 of Section 1 of this Chapter, on the basis of EUR 35 per tonne.

8.   However, if the amount of the final statement is lower than the advance referred to in point 3 of this Section, the resulting balance shall not be reimbursable to the shipowner.

CHAPTER II

FISHING ZONES

1.   Community vessels may carry out fishing activities in waters beyond 12 nautical miles from the base lines in the case of tuna seiners and surface longliners.

2.   Without exception, all fishing activity in the zone destined for joint exploitation by São Tomé and Príncipe and Nigeria, delimited by the coordinates set out in Appendix 3, shall be prohibited.

CHAPTER III

CATCH REPORTING ARRANGEMENTS

1.   For the purposes of this Annex, the duration of a trip by a Community vessel in São Tomé and Príncipe’s fishing zone shall be defined as follows:

| — | the period elapsing between entering and leaving São Tomé and Príncipe’s fishing zone, |
| --- | --- |

—

the period elapsing between entering and leaving São Tomé and Príncipe’s fishing zone,

| — | or the period elapsing between entering São Tomé and Príncipe’s fishing zone and a transhipment and/or a landing in São Tomé and Príncipe. |
| --- | --- |

—

or the period elapsing between entering São Tomé and Príncipe’s fishing zone and a transhipment and/or a landing in São Tomé and Príncipe.

2.   All vessels authorised to fish in São Toméan waters under the Agreement shall be obliged to notify their catches to the Ministry responsible for fisheries in São Tomé and Príncipe so that it can check the quantities caught, which shall be validated by the competent scientific institutes in accordance with the procedure referred to in point 4 of Section 2 of Chapter I of this Annex. Catches shall be notified as follows:

| 2.1. | During an annual period of validity of the licence within the meaning of Section 2 of Chapter I of this Annex, declarations shall include the catches made by the vessel during each trip. The original of the declarations shall be transmitted on a physical medium to the Ministry responsible for fisheries in São Tomé and Príncipe within 45 days following the end of the last trip made during the period. |
| --- | --- |

2.1.

During an annual period of validity of the licence within the meaning of Section 2 of Chapter I of this Annex, declarations shall include the catches made by the vessel during each trip. The original of the declarations shall be transmitted on a physical medium to the Ministry responsible for fisheries in São Tomé and Príncipe within 45 days following the end of the last trip made during the period.

| 2.2. | Vessels shall declare their catches on the corresponding form in the logbook, in accordance with the specimen in Appendix 2. The words ‘Outside São Tomé and Príncipe’s fishing zone’ shall be entered in the logbook in respect of periods during which the vessel is not in São Tomé and Príncipe’s fishing zone. |
| --- | --- |

2.2.

Vessels shall declare their catches on the corresponding form in the logbook, in accordance with the specimen in Appendix 2. The words ‘Outside São Tomé and Príncipe’s fishing zone’ shall be entered in the logbook in respect of periods during which the vessel is not in São Tomé and Príncipe’s fishing zone.

| 2.3. | The forms shall be filled in legibly and signed by the skipper of the vessel or by his or her legal representative. |
| --- | --- |

2.3.

The forms shall be filled in legibly and signed by the skipper of the vessel or by his or her legal representative.

3.   At the request of one of the Parties, the Joint Committee may meet to compare the data on fishing activities.

4.   Where the provisions set out in this Chapter are not complied with, the Government of São Tomé and Príncipe reserves the right to suspend the licence of the offending vessel until formalities have been completed and to apply to the shipowner the penalty laid down in current São Toméan legislation. The European Commission and the flag Member State shall be informed thereof.

CHAPTER IV

LANDING

The parties shall cooperate with a view to improving transhipment options in or off São Toméan ports.

1.   Transhipment:

Community tuna vessels which opt to tranship their catches in or off a São Toméan port shall benefit from a reduction of EUR 5 per tonne fished in São Tomé and Príncipe’s fishing zone in the fee indicated in point 2 of Section 2 of Chapter I of the Annex.

This mechanism shall apply, for all Community vessels, up to a maximum of 50 % of the final statement of catches (as defined in Chapter III of the Annex) from the first year of this Protocol.

2.   Detailed rules on checks on the tonnages transhipped shall be laid down at the first meeting of the Joint Committee.

3.   Evaluation:

The level of the financial incentives and the maximum percentage of the final statement ofcatches shall be adjusted within the Joint Committee, in accordance with the socio-economic impact of transhipments in the year concerned.

CHAPTER V

EMBARKING SEAMEN

1.   Owners of tuna seiners and surface longliners 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 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 surface longliners, at least 20 % of the seamen signed on during the fishing season in the fishing zone of third countries shall be of ACP origin. |
| --- | --- |

—

for the fleet of surface longliners, at least 20 % of the seamen signed on during the fishing season in the fishing zone of third countries shall be of ACP origin.

2.   Shipowners shall endeavour to sign on additional seamen of São Toméan origin.

3.   The International Labour Organisation (ILO) Declaration on Fundamental Principles and Rights at Work shall apply as of right to seamen signed on by Community 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 ACP seamen shall be drawn up between the shipowners’ representative(s) and the seamen and/or their trade unions or representatives. A copy of these contracts 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 ACP seamen shall be paid by the shipowners. They shall be fixed by mutual agreement among the shipowners or their representatives and the seamen and/or their trade unions or representatives. However, the wage conditions granted to ACP seamen shall not be lower than those applied to crews from their respective countries and shall under no circumstances be below ILO standards.

6.   All seamen employed aboard Community vessels shall report to the skipper 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, shipowners shall be automatically absolved of their obligation to take the seaman on board.

7.   However, where no ACP seamen are taken on board for reasons other than that referred to in the previous point, Community shipowners shall be obliged to pay, for each day of the fishing trip in São Toméan waters, a flat-rate amount of USD 20 per day. The payment of this amount shall take place within the limits laid down in point 7 of Section 2 of Chapter I of this Annex.

CHAPTER VI

TECHNICAL MEASURES

1.   Vessels shall comply with the measures and recommendations adopted by ICCAT in the region regarding fishing gear and the technical specifications thereof and all other technical measures applicable to their fishing activities.

2.   Tuna seiners shall make any by-catches available to the São Tomé and Príncipe Directorate for Fisheries, which will take charge of recovering and landing them.

3.   The two Parties shall agree by mutual agreement on a provision ensuring the effective implementation of the previous point or on an alternative solution in the first meeting of the Joint Committee referred to in Article 9 of the Agreement. The Joint Committee shall analyse all possible options to this end, including an obligation for the seiners concerned to pay an annual contribution equivalent to a share of the value of by-catches to a São Tomé and Príncipe Directorate for Fisheries fund to support small-scale fishing.

CHAPTER VII

OBSERVERS

1.   Vessels authorised to fish in São Toméan waters under the Agreement shall take on board observers appointed by the competent regional fisheries organisation on the terms set out below:

| 1.1. | At the request of the competent authority, Community vessels shall take on board an observer designated by the authority in order to check catches made in São Toméan waters. |
| --- | --- |

1.1.

At the request of the competent authority, Community vessels shall take on board an observer designated by the authority in order to check catches made in São Toméan waters.

| 1.2. | The competent authority shall draw up a list of vessels designated to take an observer on board and a list of the appointed observers. These lists shall be kept up to date. They shall be forwarded to the European Commission as soon as they have been drawn up and every three months thereafter where they have been updated. |
| --- | --- |

1.2.

The competent authority shall draw up a list of vessels designated to take an observer on board and a list of the appointed observers. These lists shall be kept up to date. They shall be forwarded to the European Commission as soon as they have been drawn up and every three months thereafter where they have been updated.

| 1.3. | The competent authority shall inform the shipowners concerned, or their representatives, of the name of the observer appointed to be taken on board their vessel at the time the licence is issued, or no later than 15 days before the observer’s planned embarkation date. |
| --- | --- |

1.3.

The competent authority shall inform the shipowners concerned, or their representatives, of the name of the observer appointed to be taken on board their vessel at the time the licence is issued, or no later than 15 days before the observer’s planned embarkation date.

2.   The time spent on board by observers shall be one fishing trip. However, at the express request of the competent São Toméan authorities, this embarkation may be spread over several trips according to the average duration of trip for a particular vessel. This request shall be made by the competent authority when the name of the observer appointed to board the vessel in question is notified.

3.   The conditions under which observers are taken on board shall be agreed between shipowners or their representatives and the competent authority.

4.   Observers shall be taken on board at a port chosen by the shipowner at the beginning of the first voyage in São Toméan waters after notification of the list of designated vessels.

5.   Within two weeks and giving 10 days’ notice, the shipowners concerned shall make known at which ports in the subregion and on what dates they intend to take observers on board.

6.   Where observers are taken on board in a country outside the subregion, their travel costs shall be borne by the shipowner. Should a vessel with a regional observer on board leave the regional fishing zone, all measures must be taken to ensure the observer’s return as soon as possible at the expense of the shipowner.

7.   If the observer is not present at the time and place agreed and during the 12 hours following the time agreed, shipowners shall be automatically absolved of their obligation to take the observer on board.

8.   Observers shall be treated as officers. Where vessels are operating in São Toméan waters, they shall carry out the following tasks:

| 8.1. | observe the fishing activities of the vessels; |
| --- | --- |

8.1.

observe the fishing activities of the vessels;

| 8.2. | verify the position of vessels engaged in fishing operations; |
| --- | --- |

8.2.

verify the position of vessels engaged in fishing operations;

| 8.3. | perform biological sampling in the context of scientific programmes; |
| --- | --- |

8.3.

perform biological sampling in the context of scientific programmes;

| 8.4. | note the fishing gear used; |
| --- | --- |

8.4.

note the fishing gear used;

| 8.5. | verify the catch data for São Toméan waters recorded in the logbook; |
| --- | --- |

8.5.

verify the catch data for São Toméan waters recorded in the logbook;

| 8.6. | verify the percentages of by-catches and estimate the quantity of discards of species of marketable fish; |
| --- | --- |

8.6.

verify the percentages of by-catches and estimate the quantity of discards of species of marketable fish;

| 8.7. | report by any appropriate means fishing data, including the quantity of catches and by-catches on board, to their competent authority. |
| --- | --- |

8.7.

report by any appropriate means fishing data, including the quantity of catches and by-catches on board, to their competent authority.

9.   Skippers shall do everything in their power to ensure the physical safety and welfare of observers during performance of their duties.

10.   Observers shall be offered every facility needed to carry out their duties. The skipper shall give them access to the means of communication needed for the discharge of their duties, to documents directly concerned with the vessel’s fishing activities, including in particular the logbook and the navigation log, and to those parts of the vessel necessary to facilitate the exercise of their tasks as observer.

11.   While on board, observers shall:

| 11.1. | take all appropriate steps to ensure that the conditions of their boarding and presence on the vessel neither interrupt nor hamper fishing operations, |
| --- | --- |

11.1.

take all appropriate steps to ensure that the conditions of their boarding and presence on the vessel neither interrupt nor hamper fishing operations,

| 11.2. | respect the material and equipment on board and the confidentiality of all documents belonging to the vessel. |
| --- | --- |

11.2.

respect the material and equipment on board and the confidentiality of all documents belonging to the vessel.

12.   At the end of the observation period and before leaving the vessel, observers shall draw up an activity report to be transmitted to the competent authorities, with a copy to the European Commission. They shall sign it in the presence of the skipper, who may add or cause to be added to it any observations considered relevant, followed by the skipper’s signature. A copy of the report shall be handed to the skipper when the observer is put ashore.

13.   Shipowners shall bear the cost of accommodating observers in the same conditions as the officers, within the confines of the practical possibilities offered by the vessel.

14.   The salary and social contributions of the observer shall be borne by the competent authorities.

15.   The two Parties shall consult each other, and interested third parties, as soon as possible as regards the definition of a system of regional observers and the choice of the competent regional fisheries organisation. Pending the implementation of a system of regional observers, vessels authorised to fish in São Tomé and Príncipe’s fishing zone under the Agreement shall take on board, instead of regional observers, observers designated by the competent São Toméan authorities in accordance with the rules set out above.

CHAPTER VIII

MONITORING

1.   In accordance with point 13 of Section 1 of Chapter I of this Annex, the European Community shall keep an up-to-date list of the vessels to which a fishing licence has been issued under this Protocol. This list shall be notified to the São Toméan authorities responsible for fisheries inspection as soon as it is drawn up and each time it is updated.

2.   On receipt of this draft list and of notification of payment of the advance (referred to in point 3 of Section 2 of Chapter I of this Annex) sent to the coastal state authorities by the European Commission, the vessel shall be entered by the competent São Toméan authority on a list of vessels authorised to fish, which shall be sent to the authorities responsible for fisheries inspection. In this case, a certified copy of this list shall be sent to the shipowner and kept on board instead of the fishing licence until the licence has been issued.

3.   Entering and leaving the zone

| 3.1. | At least three hours in advance Community vessels shall notify the competent São Toméan authorities responsible for fisheries inspection of their intention to enter or leave the São Toméan fishing zone; they shall also declare the overall quantities and the species on board. |
| --- | --- |

3.1.

At least three hours in advance Community vessels shall notify the competent São Toméan authorities responsible for fisheries inspection of their intention to enter or leave the São Toméan fishing zone; they shall also declare the overall quantities and the species on board.

| 3.2. | When notifying leaving, vessels shall also communicate their position. This information should preferably be communicated by fax (+ 239 222 828) or e-mail (dpescas1@cstome.net) or, for vessels not equipped with a fax or e-mail, by radio (call sign: 12,00 Hz from 08,00 to 12,00, and 8 634 Hz from 14,00 to 17,00). |
| --- | --- |

3.2.

When notifying leaving, vessels shall also communicate their position. This information should preferably be communicated by fax (+ 239 222 828) or e-mail (dpescas1@cstome.net) or, for vessels not equipped with a fax or e-mail, by radio (call sign: 12,00 Hz from 08,00 to 12,00, and 8 634 Hz from 14,00 to 17,00).

| 3.3. | Vessels found to be fishing without having informed the competent São Toméan authority shall be regarded as vessels in breach of the legislation. |
| --- | --- |

3.3.

Vessels found to be fishing without having informed the competent São Toméan authority shall be regarded as vessels in breach of the legislation.

| 3.4. | Vessels shall also be informed of the fax and telephone numbers and e-mail address when the fishing licence is issued. |
| --- | --- |

3.4.

Vessels shall also be informed of the fax and telephone numbers and e-mail address when the fishing licence is issued.

4.   Control procedures

| 4.1. | Skippers of Community fishing vessels engaged in fishing activities in São Toméan waters shall allow and facilitate boarding and the discharge of their duties by any São Toméan official responsible for the inspection and control of fishing activities. |
| --- | --- |

4.1.

Skippers of Community fishing vessels engaged in fishing activities in São Toméan waters shall allow and facilitate boarding and the discharge of their duties by any São Toméan official responsible for the inspection and control of fishing activities.

| 4.2. | These officials shall not remain on board for longer than is necessary for the discharge of their duties. |
| --- | --- |

4.2.

These officials shall not remain on board for longer than is necessary for the discharge of their duties.

| 4.3. | Once the inspection has been completed, a certificate shall be issued to the master of the vessel. |
| --- | --- |

4.3.

Once the inspection has been completed, a certificate shall be issued to the master of the vessel.

5.   Satellite monitoring

| 5.1. | All Community vessels fishing under this Agreement shall be subject to satellite monitoring in line with Appendix 4. These provisions shall enter into force on the 10th day following notification by the Government of São Tomé and Príncipe to the European Commission Delegation to Gabon of the entry into operation of the São Toméan Fisheries Monitoring Centre (FMC). |
| --- | --- |

5.1.

All Community vessels fishing under this Agreement shall be subject to satellite monitoring in line with Appendix 4. These provisions shall enter into force on the 10th day following notification by the Government of São Tomé and Príncipe to the European Commission Delegation to Gabon of the entry into operation of the São Toméan Fisheries Monitoring Centre (FMC).

6.   Boarding

| 6.1. | The competent São Toméan authorities shall inform the flag State and the European Commission, within no more than 24 hours, of all boardings of and penalties imposed on Community vessels in São Toméan waters. |
| --- | --- |

6.1.

The competent São Toméan authorities shall inform the flag State and the European Commission, within no more than 24 hours, of all boardings of and penalties imposed on Community vessels in São Toméan waters.

| 6.2. | The flag State and the European Commission shall at the same time receive a brief report of the circumstances and reasons leading to the boarding. |
| --- | --- |

6.2.

The flag State and the European Commission shall at the same time receive a brief report of the circumstances and reasons leading to the boarding.

7.   Statement of boarding

| 7.1. | After the competent São Toméan authority has drawn up a statement, the skipper of the vessel shall sign it. |
| --- | --- |

7.1.

After the competent São Toméan authority has drawn up a statement, the skipper of the vessel shall sign it.

| 7.2. | This signature shall not prejudice the rights of the skipper or any defence which the skipper may make to the presumed infringement. If the skipper 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. |
| --- | --- |

7.2.

This signature shall not prejudice the rights of the skipper or any defence which the skipper may make to the presumed infringement. If the skipper 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.

| 7.3. | The skipper shall take the vessel to the port indicated by the São Toméan authorities. In the case of minor infringements, the competent São Toméan authorities may authorise the boarded vessel to continue fishing. |
| --- | --- |

7.3.

The skipper shall take the vessel to the port indicated by the São Toméan authorities. In the case of minor infringements, the competent São Toméan authorities may authorise the boarded vessel to continue fishing.

8.   Consultation meeting in the event of boarding

| 8.1. | Before any measures regarding the skipper or the crew of the vessel or any action regarding the cargo and equipment of the vessel are considered, other than those to safeguard evidence relating to the presumed infringement, a consultation meeting shall be held, within one working day of the receipt of the above information, between the European Commission and the competent São Toméan authorities, possibly attended by a representative of the Member State concerned. |
| --- | --- |

8.1.

Before any measures regarding the skipper or the crew of the vessel or any action regarding the cargo and equipment of the vessel are considered, other than those to safeguard evidence relating to the presumed infringement, a consultation meeting shall be held, within one working day of the receipt of the above information, between the European Commission and the competent São Toméan authorities, possibly attended by a representative of the Member State concerned.

| 8.2. | At the meeting, the Parties shall exchange any relevant documentation or information helping to clarify the circumstances of the established facts. The shipowner or his or her representative shall be informed of the outcome of the meeting and of any measures resulting from the boarding. |
| --- | --- |

8.2.

At the meeting, the Parties shall exchange any relevant documentation or information helping to clarify the circumstances of the established facts. The shipowner or his or her representative shall be informed of the outcome of the meeting and of any measures resulting from the boarding.

9.   Settlement of boarding

| 9.1. | Before any judicial procedure, an attempt shall be made to resolve the presumed infringement through a compromise procedure. This procedure shall end no later than three working days after the boarding. |
| --- | --- |

9.1.

Before any judicial procedure, an attempt shall be made to resolve the presumed infringement through a compromise procedure. This procedure shall end no later than three working days after the boarding.

| 9.2. | In the event of an amicable settlement, the amount of the fine shall be determined in accordance with São Toméan legislation. |
| --- | --- |

9.2.

In the event of an amicable settlement, the amount of the fine shall be determined in accordance with São Toméan legislation.

| 9.3. | If the case cannot be settled by amicable procedure and has to be brought before a competent judicial body, a bank security set to take account of the boarding costs and the fines and compensation payable by the parties responsible for the infringement shall be lodged by the shipowner with a bank specified by the competent São Toméan authorities. |
| --- | --- |

9.3.

If the case cannot be settled by amicable procedure and has to be brought before a competent judicial body, a bank security set to take account of the boarding costs and the fines and compensation payable by the parties responsible for the infringement shall be lodged by the shipowner with a bank specified by the competent São Toméan authorities.

| 9.4. | The bank security shall be irrevocable until the legal proceedings have been concluded. It shall be released once legal proceedings end without a conviction. Similarly, in the event of a conviction leading to a fine of less than the security lodged, the balance shall be released by the competent São Toméan authorities. |
| --- | --- |

9.4.

The bank security shall be irrevocable until the legal proceedings have been concluded. It shall be released once legal proceedings end without a conviction. Similarly, in the event of a conviction leading to a fine of less than the security lodged, the balance shall be released by the competent São Toméan authorities.

| 9.5. | The vessel shall be released and its crew authorised to leave the port:






  — | once the obligations arising under the amicable settlement have been fulfilled, or |
| --- | --- | --- |

9.5.

The vessel shall be released and its crew authorised to leave the port:

—

once the obligations arising under the amicable settlement have been fulfilled, or

| — | when the bank security referred to in point 9.3 has been lodged and accepted by the competent São Toméan authorities, pending completion of the legal proceedings. |
| --- | --- |

—

when the bank security referred to in point 9.3 has been lodged and accepted by the competent São Toméan authorities, pending completion of the legal proceedings.

10.   Transhipment

| 10.1. | All Community vessels wishing to tranship catches in São Toméan waters shall do so in or off São Toméan ports. |
| --- | --- |

10.1.

All Community vessels wishing to tranship catches in São Toméan waters shall do so in or off São Toméan ports.

| 10.2. | The owners of such vessels must notify the following information to the competent São Toméan authorities at least 24 hours in advance:






  — | the names of the transhipping fishing vessels, |
| --- | --- | --- |

10.2.

The owners of such vessels must notify the following information to the competent São Toméan authorities at least 24 hours in advance:

—

the names of the transhipping fishing vessels,

| — | the names, OMI numbers and flag of the cargo vessels, |
| --- | --- |

—

the names, OMI numbers and flag of the cargo vessels,

| — | the tonnage by species to be transhipped, |
| --- | --- |

—

the tonnage by species to be transhipped,

| — | the day and place of transhipment. |
| --- | --- |

—

the day and place of transhipment.

| 10.3. | Transhipment shall be considered as an exit from São Tomé and Príncipe’s fishing zone. Skippers of vessels must submit their catch declarations to the competent São Toméan authorities and state whether they intend to continue fishing or leave São Tomé and Príncipe’s fishing zone. |
| --- | --- |

10.3.

Transhipment shall be considered as an exit from São Tomé and Príncipe’s fishing zone. Skippers of vessels must submit their catch declarations to the competent São Toméan authorities and state whether they intend to continue fishing or leave São Tomé and Príncipe’s fishing zone.

| 10.4. | Any transhipment of catches not covered above shall be prohibited in São Tomé and Príncipe’s fishing zone. Any person infringing this provision shall be liable to the penalties provided for by São Toméan law. |
| --- | --- |

10.4.

Any transhipment of catches not covered above shall be prohibited in São Tomé and Príncipe’s fishing zone. Any person infringing this provision shall be liable to the penalties provided for by São Toméan law.

11.   Skippers of Community fishing vessels engaged in landing or transhipment operations in a São Toméan port shall allow and facilitate the inspection of such operations by São Toméan inspectors. Once the inspection has been completed, a copy of the inspection and control report or a certificate shall be issued to the skipper of the vessel.

Appendices

| 1. | Licence application form |
| --- | --- |

1.

| 2. | ICCAT logbook |
| --- | --- |

2.

| 3. | Coordinates of the zone in which fishing is prohibited |
| --- | --- |

3.

| 4. | Provisions applicable to the satellite-based vessel monitoring system (VMS) and coordinates of São Tomé and Príncipe’s fishing zone |
| --- | --- |

4.

Appendix 1

Image

Image

Appendix 2

ICCAT LOGBOOK FOR TUNA FISHERY

Image

Appendix 3

| Latitude | Longitude |
| --- | --- |
| Degrees | Minutes | Seconds | Degrees | Minutes | Seconds |
| 03 | 02 | 22 | N | 07 | 07 | 31 | E |
| 02 | 50 | 00 | N | 07 | 25 | 52 | E |
| 02 | 42 | 38 | N | 07 | 36 | 25 | E |
| 02 | 20 | 59 | N | 06 | 52 | 45 | E |
| 01 | 40 | 12 | N | 05 | 57 | 54 | E |
| 01 | 09 | 17 | N | 04 | 51 | 38 | E |
| 01 | 13 | 15 | N | 04 | 41 | 27 | E |
| 01 | 21 | 29 | N | 04 | 24 | 14 | E |
| 01 | 31 | 39 | N | 04 | 06 | 55 | E |
| 01 | 42 | 50 | N | 03 | 50 | 23 | E |
| 01 | 55 | 18 | N | 03 | 34 | 33 | E |
| 01 | 58 | 53 | N | 03 | 53 | 40 | E |
| 02 | 02 | 59 | N | 04 | 15 | 11 | E |
| 02 | 05 | 10 | N | 04 | 24 | 56 | E |
| 02 | 10 | 44 | N | 04 | 47 | 58 | E |
| 02 | 15 | 53 | N | 05 | 06 | 03 | E |
| 02 | 19 | 30 | N | 05 | 17 | 11 | E |
| 02 | 22 | 49 | N | 05 | 26 | 57 | E |
| 02 | 26 | 21 | N | 05 | 36 | 20 | E |
| 02 | 30 | 08 | N | 05 | 45 | 22 | E |
| 02 | 33 | 37 | N | 05 | 52 | 58 | E |
| 02 | 36 | 38 | N | 05 | 59 | 00 | E |
| 02 | 45 | 18 | N | 06 | 15 | 57 | E |
| 02 | 50 | 18 | N | 06 | 26 | 41 | E |
| 02 | 51 | 29 | N | 06 | 29 | 27 | E |
| 02 | 52 | 23 | N | 06 | 31 | 46 | E |
| 02 | 54 | 46 | N | 06 | 38 | 07 | E |
| 03 | 00 | 24 | N | 06 | 56 | 58 | E |
| 03 | 01 | 19 | N | 07 | 01 | 07 | E |
| 03 | 01 | 27 | N | 07 | 01 | 46 | E |
| 03 | 01 | 44 | N | 07 | 03 | 07 | E |
| 03 | 02 | 22 | N | 07 | 07 | 31 | E |

Latitude

Longitude

Degrees

Minutes

Seconds

Degrees

Minutes

Seconds

03

02

22

N

07

07

31

E

02

50

00

N

07

25

52

E

02

42

38

N

07

36

25

E

02

20

59

N

06

52

45

E

01

40

12

N

05

57

54

E

01

09

17

N

04

51

38

E

01

13

15

N

04

41

27

E

01

21

29

N

04

24

14

E

01

31

39

N

04

06

55

E

01

42

50

N

03

50

23

E

01

55

18

N

03

34

33

E

01

58

53

N

03

53

40

E

02

02

59

N

04

15

11

E

02

05

10

N

04

24

56

E

02

10

44

N

04

47

58

E

02

15

53

N

05

06

03

E

02

19

30

N

05

17

11

E

02

22

49

N

05

26

57

E

02

26

21

N

05

36

20

E

02

30

08

N

05

45

22

E

02

33

37

N

05

52

58

E

02

36

38

N

05

59

00

E

02

45

18

N

06

15

57

E

02

50

18

N

06

26

41

E

02

51

29

N

06

29

27

E

02

52

23

N

06

31

46

E

02

54

46

N

06

38

07

E

03

00

24

N

06

56

58

E

03

01

19

N

07

01

07

E

03

01

27

N

07

01

46

E

03

01

44

N

07

03

07

E

03

02

22

N

07

07

31

E

Appendix 4

Protocol (VMS)

setting out the provisions applicable to satellite monitoring of Community fishing vessels operating in São Tomé and Príncipe’s EEZ

1.   The provisions of this Protocol supplement the Protocol setting out the fishing opportunities and financial contribution provided for in the Fisheries Partnership Agreement between the European Community and the Democratic Republic of São Tomé and Príncipe on fishing off the coast of São Tomé and Príncipe for the period from 1 June 2006 to 31 May 2010 and apply in accordance with point 5 of ‘Chapter VIII – Monitoring’ in the Annex thereto.

2.   All fishing vessels with an overall length exceeding 15 metres operating under the Fisheries Agreement between the European Community and São Tomé and Príncipe shall be monitored by satellite when fishing in São Tomé and Príncipe’s EEZ.

For the purposes of the satellite monitoring, the São Toméan authorities shall communicate to the Community party the latitude and longitude coordinates of São Tomé and Príncipe’s EEZ.

The São Toméan authorities shall transmit this information in electronic form, expressed in decimal degrees (WGS 84).

3.   The Parties shall exchange information on X.25 addresses and the specifications for electronic data transmission between their Control Centres in accordance with points 5 and 7. Such information shall include the following where they exist: names, telephone, telex and fax numbers, and e-mail addresses (Internet or X.400) which may be used for general communications between Control Centres.

4.   The position of vessels shall be determined with a margin of error of less than 500 metres and a confidence interval of 99 %.

5.   When a vessel which is fishing under the Agreement and is the subject of satellite monitoring pursuant to Community legislation enters São Tomé and Príncipe’s EEZ, the subsequent position reports (vessel identification, longitude, latitude, course and speed) shall be transmitted immediately by the Control Centre of the flag State to São Tomé and Príncipe’s Fisheries Monitoring Centre (FMC) at intervals of no more than three hours. The messages concerned shall be identified as position reports.

6.   The messages specified in point 5 shall be transmitted electronically in X.25 format, or any other secure protocol. They shall be communicated in real time in the format set out in Table II.

7.   Where the continuous satellite monitoring equipment installed on board a fishing vessel develops a technical fault or breaks down, the skipper of the vessel shall transmit the information specified in point 5 to the Control Centre of the flag State and São Tomé and Príncipe’s FMC in good time. In those circumstances a global position report shall be sent every nine hours. This global position report shall include the position reports as recorded by the skipper of the vessel on a three-hourly basis in accordance with the requirements laid down in point 5.

The Control Centre of the flag State shall send these messages to São Tomé and Príncipe’s FMC. The faulty equipment shall be repaired or replaced within a period of not more than one month. After this deadline, the vessel in question must leave São Tomé and Príncipe’s EEZ.

8.   The Control Centres of the flag States shall monitor the movements of their vessels in São Toméan waters. If the vessels are not being monitored in accordance with the conditions laid down, São Tomé and Príncipe’s FMC shall be informed by the FMC of the flag State as soon as this is discovered and the procedure laid down in point 7 shall be applicable.

9.   If São Tomé and Príncipe’s FMC establishes that the flag State is not transmitting the information specified in point 5, the competent European Commission departments shall be informed immediately.

10.   The monitoring data communicated to the other party in accordance with these provisions is intended solely for the purposes of the São Toméan authorities in controlling and monitoring the Community fleet fishing under the Fisheries Agreement between the European Community and São Tomé and Príncipe. Such data may not under any circumstances be communicated to other parties.

11.   The satellite-monitoring system software and hardware components shall be reliable and shall not permit the input or output of false positions or be capable of being manually overridden.

The system shall be fully automatic and operational at all times regardless of environmental and weather conditions. Destroying, damaging, rendering inoperative or tampering with the satellite-monitoring system shall be prohibited.

Skippers shall ensure that:

| — | data are not altered in any way, |
| --- | --- |

—

data are not altered in any way,

| — | the antenna or antennas connected to the satellite-monitoring equipment are not obstructed, |
| --- | --- |

—

the antenna or antennas connected to the satellite-monitoring equipment are not obstructed,

| — | the power supply of the satellite-monitoring equipment is not interrupted, and |
| --- | --- |

—

the power supply of the satellite-monitoring equipment is not interrupted, and

| — | the satellite-monitoring equipment is not removed from the vessel. |
| --- | --- |

—

the satellite-monitoring equipment is not removed from the vessel.

12.   The Parties agree to exchange upon request information on the equipment used for satellite monitoring, in order to ensure that each piece of equipment is fully compatible with the requirements of the other Party for the purposes of these provisions.

13.   Any dispute over the interpretation or application of these provisions shall be the subject of consultation between the Parties within the Joint Committee provided for in Article 9 of the Agreement.

14.   The Parties agree to review these provisions, as appropriate.

Communication of VMS messages to São Tomé and Príncipe

Position report

| Data element | Code | Mandatory/optional | Comments |
| --- | --- | --- | --- |
| Start record | SR | M | System detail – indicates start of record |
| Recipient | AD | M | Message detail – recipient. Alpha 3 ISO country code |
| From | FR | M | Message detail – sender. Alpha 3 ISO country code |
| Flag State | FS | O | |
| Type of message | TM | M | Message detail – Message type ‘POS’ |
| Radio call sign | RC | M | Vessel detail – international radio call sign of vessel |
| Contracting party internal reference number | IR | O | Vessel detail – unique contracting party number as flag State (ISO-3 code followed by number) |
| External registration number | XR | M | Vessel detail – number marked on side of vessel |
| Latitude | LA | M | Vessel position detail – position in degrees and minutes N/S DD.ddd (WGS-84) |
| Longitude | LO | M | Vessel position detail – position in degrees and minutes E/W DD.ddd (WGS-84) |
| 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 – indicates end of record |

Data element

Code

Mandatory/optional

Comments

Start record

SR

M

System detail – indicates start of record

Recipient

AD

M

Message detail – recipient. Alpha 3 ISO country code

From

FR

M

Message detail – sender. Alpha 3 ISO country code

Flag State

FS

O

Type of message

TM

M

Message detail – Message type ‘POS’

Radio call sign

RC

M

Vessel detail – international radio call sign of vessel

Contracting party internal reference number

IR

O

Vessel detail – unique contracting party number as flag State (ISO-3 code followed by number)

External registration number

XR

M

Vessel detail – number marked on side of vessel

Latitude

LA

M

Vessel position detail – position in degrees and minutes N/S DD.ddd (WGS-84)

Longitude

LO

M

Vessel position detail – position in degrees and minutes E/W DD.ddd (WGS-84)

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 – indicates end of record

Character set: ISO 8859.1

Each data transmission is structured as follows:

| — | a double slash (//) and field code indicate the start of the message, |
| --- | --- |

—

a double slash (//) and field code indicate the start of the message,

| — | a single slash (/) separates the field code and the data. |
| --- | --- |

—

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

Optional data elements have to be inserted between the start and end of the record.

Limits of São Tomé and Príncipe’s EEZ

Coordinates

Coordinates of São Tomé and Príncipe’s FMC

Name of FMC:

SSN tel.

SSN fax

SSN e-mail:

DSPG tel.

DSPG fax

Address X25 =

Declaration of entries/exits

---