PROTOCOL

defining, for the period 3 May 1990 to 2 May 1992, the fishing opportunities and financial compensation provided for in the Agreement between the European Economic Community and the Government of the People's Republic of Angola on fishing off Angola

THE PARTIES TO THIS PROTOCOL,

Having regard to the Agreement between the European Economic Community and the Government of the People's Republic of Angola on fishing off Angola, signed on 1 February 1989,

HAVE AGREED AS FOLLOWS:

Article 1

From 3 May 1990, for a period of two years, the limits referred to in Article 2 of the Agreement shall be as follows:

1. shrimp vessels: 24 vessels (8 128 GRT);

however, the quantities to be fished by Community vessels may not exceed 5 500 tonnes of shrimps and prawns per year, of which 30 % shall be prawns and 70 % shrimps;

2. ocean-going tuna freezer boats: 28 vessels;

3. wet tuna boats: five vessels;

4. for exploratory fishing:

demersal trawlers: 600 GRT per month, not exceeding two vessels.

Article 2

1. The financial compensation provided for in Article 7 of the Agreement for the period referred to in Article 1 of this Protocol is hereby fixed at ECU 15 850 000 payable in two equal annual instalments.

2. The use to which this compensation is put shall be the sole responsibility of Angola.

Article 3

During the period referred to in Article 1, the Community shall also contribute ECU 800 000 towards the financing of Angolan scientific and technical programmes (equipment, infrastructure, seminars, studies, etc.). This amount shall be

made available in two equal annual instalments to the Research Centre of the Ministry of Fisheries. The first instalment shall be transferred not later than 30 September 1990.

Article 4

1. During the period referred to in Article 1, the Community shall contribute ECU 540 000 for staff training in Angola. This amount is intended to pay the salaries of foreign teachers working at the Helder Neto naval school in the province of Namibe.

2. A further ECU 780 000 shall be used by the Community to provide Angola with study or practical training awards in the various scientific, technical and economic subjects connected with fisheries in institutions of the Member States of the Community or of the ACP countries; at the request of the Angolan authorities, 15 % of this amount may be used to cover the fees for attending international meetings or training periods connected with fisheries. These funds shall be disbursed as and when they are used.

Article 5

Should the Community fail to make the payments provided for in Articles 2 and 3 within the time limits laid down, application of the Agreement may be suspended.

Article 6

The Annex to the Agreement between the European Economic Community and the Government of the People's Republic of Angola on fishing off Angola is hereby repealed and replaced by the Annex to this Protocol.

Article 7

This Protocol shall enter into force on the date of its signature.

It shall apply from 3 May 1990.

ANNEX

CONDITIONS GOVERNING FISHING ACTIVITIES IN ANGOLAN WATERS BY COMMUNITY VESSELS

A. Licence application and issuing formalities

(a) The Commission of the European Communities shall present to Angola's fishing authority, via the representative of the Commission of the European Communities in Angola, an application made by the shipowner for each vessel that wishes to fish under this Agreement, at least 15 days before the date of commencement of the period of validity requested. Applications shall be made on forms provided for the purpose by Angola, specimens of which are contained in Appendix 1 and Appendix 2. Each licence application shall be accompanied by documentary proof of payment.

(b)

Each licence shall be issued to the shipowner for one designated vessel. At the request of the Commission of the European Communities, the licence for a vessel shall, in cases of proven force majeure, be replaced by a licence for another Community vessel.

(c)

Licences shall be issued by the authorities of Angola to the skipper of the vessel in the port of Luanda after inspection of the vessel by the competent authority. However, in the case of tuna vessels, licences shall be issued to the shipowners or their representatives or agents.

(d)

The Delegation of the Commission of the European Communities in Angola shall be notified of the licences issued by Angola's fishing authority.

(e)

The licence document must be held on board at all times.

(f)

Licences shall be valid for periods of one year or, in the case of shrimp vessels, until the quota laid down in Article 1 of the Protocol is exhausted.

(g)

Each vessel shall be represented by an agent approved by the Ministry of Fisheries.

(h)

The Angolan authorities shall communicate, before the date of entry into force of the Agreement, the arrangements for payment of licence fees, including particulars of the bank accounts and currencies to be used.

B.

Licence fees

III. Provisions applicable to shrimp vessels

(a) The fees for monthly licences shall be ECU 52 per gross registered tonne during the first year of application of the Protocol and ECU 66 per gross registered tonne during the second year of application of the Protocol.

In addition, the owners of the shrimp vessels shall contribute up to ECU 100 000 towards improving the Angolan transport system during the period of validity of the Protocol.

(b)

- During the period covered by the Protocol, four scientific research sessions not exceeding 20 days (including embarkation and disembarkation of the scientists) shall be held in November 1990 and 1991 and March 1991 and 1992 to establish the state of crustacean stocks in Angolan waters.

- This research shall be carried out in conditions ensuring the provisions of reliable information on the state of crustacean stocks in Angola's fishing zone.

- In place of three Angolan seamen, the vessel shall take on board two Angolan scientists and one scientist from a Member State of the Community. During the research sessions the skipper of the vessel shall follow the instructions given by the research institute responsible.

- In addition, another scientist from a Member State of the Community shall work with the Angolan Research Institute, for not more than one month, on the computer processing of the statistical data on crustacean fishing.

- These research sessions shall be at the shrimp vessel owner's expense.

III. Provisions applicable to tuna vessels

The fees shall be ECU 20 per tonne caught within Angola's fishing zone.

Licences shall be issued following advance payment to Angola at a flat rate of ECU 4 000 a year for each ocean-going tuna freezer vessel, equivalent to the fees for 200 tonnes of tuna caught within Angolan

waters per year, and at a flat rate of ECU 2 000 a year for each wet tuna vessel, equivalent to the fees for 100 tonnes of tuna caught within Angolan waters per year.

The final statement of the fees due for the fishing year shall be drawn up by the Commission of the European Communities at the end of each calendar year on the basis of catch statements made for each vessel and verified by a specialized scientific body in the region.

This statement shall be communicated to the Angolan authorities and to the shipowners at the same time. The shipowners shall make any additional payment, within 30 days of notification of the final statement at the latest, into an account opened with a financial institution or any other body specified by the Angolan authorities.

However, if the amount of the final statement is lower than the advance, the balance shall not be reimbursable.

III. Provisions applicable to demersal trawlers

The fees for annual licences shall be ECU 165 per gross registered tonne.

C.

By-catches

The ownership of the by-catches of shrimp vessels has been transferred from the Angolan authorities to the shipowners in return for an increase in the financial compensation.

Shrimp vessels shall be authorized to catch up to 500 tonnes of crab annually.

D.

Landings

Community wet tuna boats may contribute to supplying Angolan tuna-canning factories, in accordance with their fishing effort in the zone, at a price to be jointly agreed between the Community shipowners and the Angolan fishing authorities based on current international prices. Payment shall be in a convertible currency.

E.

Transhipments

All transhipments shall be notified to the relevant Angolan fishing authorities eight days in advance in order to enable those authorities to monitor the operations.

Transhipments shall take place in one of the bays of Luanda or Lobito in the presence of the Angolan tax authorities.

A copy of the documentation relating to transhipments shall be forwarded to the Inspection and Monitoring Department of the Ministry of Fisheries 15 days before the end of each month for the preceding month.

F.

Statement of catches

1. Shrimp vessels and demersal trawlers

(a) At the end of each fishing year, these vessels must forward to the Fisheries Investigation Centre in Luanda, via the Delegation of the European Communities in Luanda, a daily catch report drawn up by the skipper in accordance with the specimen contained in Appendix 3.

Furthermore, each vessel shall present a monthly report to the Cabinet of the Minister for Planning listing the quantities on board on the last day of the month. This report shall be presented no later than the 45th day following the end of the month concerned. Should this provision not be adhered to, Angola reserves the right to apply the penalties provided for in Article 12 of Decree N° 12-A/80 of 6 February 1980.

(b)

These vessels must also inform Luanda radio station on a daily basis of their geographical position and the previous day's catches.

Shipowners shall be notified of the call sign at the time of issue of the fishing licence.

If it is not possible to use the radio, vessels may use alternative means of communication such as telex or telegraph.

Before leaving Angola's fishing zone, these vessels must obtain authorization from the Department of Inspection and Monitoring of the Ministry of Fisheries and have the catches on board checked.

2. Tuna vessels

Every three days during the fishing period in Angola's fishing zone, vessels shall inform Luanda radio station of their position and their catch. On entering and leaving Angola's fishing zone, tuna vessels shall inform Luanda radio station of their position and the volume of the catches on board.

If it is not possible to use the radio, vessels may use alternative means of communication such as telex or telegraph.

In addition, the skipper shall complete a fishing log book, in accordance with Appendix 4, for each fishing period spent in Angola's fishing zone.

This form must be completed legibly and be signed by the skipper of the vessels and sent to the Department of Inspection and Monitoring of the Ministry of Fisheries via the Delegation of the European Communities in Luanda within 45 days of the end of the fishing period spent in Angola's fishing zone.

Should this provision not be adhered to, Angola reserves the right to apply the penalties provided for in Article 12 of Decree N° 12-A/80 of 6 February 1980.

G.

Fishing zones

(a) The fishing zones accessible to shrimp vessels shall comprise all waters under the sovereignty or the jurisdiction of the People's Republic of Angola north of 12g20m and beyond the first 12 nautical miles measured from the base lines.

(b)

The fishing zones accessible to ocean-going tuna freezer vessels and demersal trawlers shall comprise all waters under the sovereignty or the jurisdiction of the People's Republic of Angola beyond the first 12 nautical miles measured from the base lines.

(c)

The fishing zones accessible to wet tuna vessels shall comprise all waters under the sovereignty or the jurisdiction of the People's Republic of Angola beyond the first six nautical miles measured from the base lines.

H.

Signing of crews

Owners of all vessels, except ocean-going tuna freezer vessels and wet tuna vessels, to whom fishing licences have been issued under the Agreement shall contribute to the on-the-job vocational training of three Angolan seamen on board each vessel.

The seamen's wages, set in accordance with Angolan scales, and other forms of remuneration shall be borne by the shipowners and shall be paid into an account opened with a financial institution designated by the Ministry of Fisheries.

Should shipowners wish to take on further Angolan crew members, they can do so by applying to the Ministry of Fisheries.

I.

Scientific observers

Any vessel may be asked to take on board a scientist designated and employed by the Ministry of Fisheries.

The scientific observer shall receive the same treatment as the ship's officers; this applies also, as far as possible, to his quarters. The observer shall be given all facilities necessary for him to carry out his duties. The observer's presence and work shall neither interrupt nor hinder the fishing activities.

An amount of ECU 4 per gross registered tonne a year is included in the fee paid by shipowners for each vessel fishing in Angolan waters to cover the cost to Angola of placing observers on vessels.

J.

Inspection and monitoring

At the request of the Angolan authorities, Community fishing vessels operating under the Agreement shall allow on board any Angolan officials responsible for the inspection and monitoring of fishing activities and facilitate the accomplishment of their duties.

These officials shall remain on board no longer than is necessary for the accomplishment of their duties.

K.

Fuel supplies, repairs and other services

All vessels, except tuna vessels, operating in Angola's fishing zone under the Agreement must obtain their fuel and water supplies and have shipyard repairs and maintenance carried out in Angola wherever possible, provided that Angola has the capacity to offer these services.

Subject to these same conditions, the transport of crews shall be undertaken by the Angolan national airline.

Fuel shall not be taken on board outside the roads of Luanda or Lobito without authorization from the Department of Inspection and Monitoring of the Ministry of Fisheries.

L.

Mesh size

The minimum size of the mesh used shall be:

(a) 40 mm

for shrimp fishing, and

(b) 60 mm

for demersal fishing.

The introduction of new mesh sizes shall apply to Community vessels from the sixth month following notification of the Commission of the European Communities.

M.

Boarding procedure

The Delegation of the Commission in Luanda shall be informed within 48 hours of the boarding of any fishing vessel flying the flag of a Member State of the Community within Angola's exclusive economic zone, and shall at the same time receive a concise report of the circumstances and reasons for the boarding of the vessel.

Appendix 1

APPLICATION FOR A LICENCE TO FISH FOR SHRIMP AND DEMERSAL SPECIES IN THE WATERS OF ANGOLA

PART A

1. Name of owner: . 2. Nationality of owner: . 3. Business address of owner: ... 4. Chemical additives which may be used (brand name and composition): ....PART B

To be completed for each vessel

1. Period of validity: . 2. Name of vessel: . 3. Year of construction: . 4. Original flag country: . 5. Currently flying the flag of: . 6. Date of acquisition of current flag: . 7. Year of acquisition: . 8. Port and registration number: . 9. Fishing method: .10. Gross registered tonnage: .11. Radio call sign: .12. Overall length (m): .13. Bow (m): .14. Depth (m): .15. Construction material of the hull: .16. Engine power (bhp): .17. Speed (knots): .18. Capacity of refrigeration chamber: .19. Capacity of fuel tanks (m³): .20. Capacity of fish holds (m³): .21. Colour of the hull: .22. Colour of the superstructure: .23. Communication equipment on board: .23. > TABLE POSITION>

24. Navigation and detection equipment installed:

24. >TABLE>

25. Name of captain: .26. Nationality of captain: .To be annexed:

- three colour photographs of the vessel (side view),

- diagram and detailed description of fishing gear used,

- document giving proof of authority for the owner's representative to sign this application.

.(Date of application)

.(Signature of owner's representative)

24.

Appendix 2

APPLICATION FOR A LICENCE TO FISH FOR TUNA IN THE WATERS OF ANGOLA

PART A

1. Name of owner: . 2. Nationality of owner: . 3. Business address of owner: ...PART B

(To be completed for each vessel)

1. Period of validity: . 2. Name of vessel: . 3. Year of construction: . 4. Original flag country: . 5. Currently flying the flag of: . 6. Date of acquisition of current flag: . 7. Year of acquisition: . 8. Port and registration number: . 9. Fishing method: .10. Gross registered tonnage: .11. Radio call sign: .12. Overall length (m): .13. Bow (m): .14. Depth (m): .15. Construction material of the hull: .16. Engine power (bhp): .17. Speed (knots): .18. Cabin capacity: .19. Capacity of fuel tanks (m³): .20. Capacity of fish holds (m³): .21. Freezing capacity (tonnes/24 hours) and freezing system used: ..22. Colour of the hull: .23. Colour of the superstructure: .24. . Communication equipment on board: .

.. >TABLE>

25. . Navigation and detection equipment installed:

.. >TABLE>

26. . Auxiliary vessels used (for each vessel): .26.1. Gross registered tonnage: .26.2. Overall length (m): .26.3. Bow (m): .26.4. Depth (m): .26.5. Construction material of the hull: .26.6. Engine power (bhp): .26.7. Speed (knots): .27.

Auxiliary aerial fish detection equipment (even if not based on board): ..28.

Home port: .29.

Name of captain: .30.

Nationality of captain: .To be annexed:

- three colour photographs of the vessel (side view) and of auxiliary fishing vessels and of auxiliary aerial equipment for fish detection,

- diagram and detailed description of fishing gear used,

- document giving proof of authority for the owner's representative to sign this application.

.(Date of application)

.(Signature of owner's representative)

..

Appendix 3

>TABLE>

Appendix 4