ANNEX

CONDITIONS GOVERNING FISHING ACTIVITIES BY UNION VESSELS IN SÃO TOMÉ AND PRÍNCIPE'S FISHING ZONE

CHAPTER I

GENERAL PROVISIONS

1. Designation of the competent authority

For the purposes of this Annex and unless specified otherwise, any reference to the Union or to São Tomé and Príncipe as a competent authority shall mean:

(a) in the case of the Union: the European Commission, where applicable via the Union delegation with responsibility for São Tomé and Príncipe;

(b) in the case of São Tomé and Príncipe: the fisheries directorate within the ministry responsible for fisheries.

2. Fishing zone

Union vessels operating under this Protocol may carry out their activities in the Exclusive Economic Zone (EEZ) of São Tomé and Príncipe, with the exception of areas reserved for small‐scale and semi-industrial fishing.

The coordinates of the EEZ shall be those notified to the United Nations on 7 May 1998.

Any change to the fishing zone shall be notified by São Tomé and Príncipe to the Union immediately.

3. Zones closed to shipping and fishing

Without exception, all fishing activity in the zone intended for joint development by São Tomé and Príncipe and Nigeria shall be prohibited. The coordinates of this zone are set out in Appendix 1.

4. Bank account

Before the entry into force of this Protocol, São Tomé and Príncipe shall notify the Union of the details of the bank account(s) into which the financial sums payable by fishing vessels under the Agreement shall be paid. The costs of the bank transfers shall be borne by the vessel owners.

5. Contact points

The Parties shall inform each other of their contact points set up to enable exchanges of information on the implementation of this Protocol, in particular on issues linked to the exchange of aggregate catch and fishing effort data, procedures relating to fishing authorisations and the implementation of sectoral support.

6. Working languages

The Parties agree that, as far as possible, the working languages used in meetings aimed at implementing this Protocol will be Portuguese and French.

CHAPTER II

FISHING AUTHORISATIONS

For the purposes of applying this Annex, the term "fishing authorisation" shall be equivalent to the term "fishing licence" in São Tomé and Príncipe legislation.

SECTION 1

Applicable procedures

1. Conditions for obtaining a fishing authorisation

Only eligible Union vessels may obtain an authorisation to fish in São Tomé and Príncipe's fishing zone.

In order for a Union vessel to be eligible, the owner, the master and the vessel itself shall not be banned from fishing in São Tomé and Príncipe. They shall be in order vis-à-vis the São Tomé and Príncipe authorities insofar as they shall have fulfilled all prior obligations arising from their fishing activities in São Tomé and Príncipe under fisheries agreements concluded with the Union. Furthermore, they shall comply with Regulation (EU) 2017/2403 of the European Parliament and of the Council (1) on the sustainable management of external fishing fleets.

2. Application for a fishing authorisation

The competent Union authorities shall submit, by electronic means, an application for each vessel wishing to fish under this Protocol to the ministry responsible for fisheries in São Tomé and Príncipe, with a copy to the Union delegation with responsibility for São Tomé and Príncipe, at least 15 working days before the start of the period of validity requested.

Applications shall be submitted to the ministry responsible for fisheries in São Tomé and Príncipe on a form drawn up in accordance with the specimen in Appendix 2.

All fishing authorisation applications shall be accompanied by the following documents:

(a) proof of payment of the flat-rate advance and the flat-rate contributions for observers for the period of validity of the authorisation;

(b) a recent colour photograph of the vessel, showing a lateral view;

(c) a copy of the registration certificate of the vessel;

(d) where appropriate, any other document required under the national provisions applicable to the type of vessel, as notified by São Tomé and Príncipe in the Joint Committee.

The payment of the annual flat-rate fee shall be made to the Public Treasury account used for the financial contribution referred to in point (a) of Article 3(2) of this Protocol.

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

The targeted species shall be indicated clearly in each application for a fishing authorisation.

The application for a fishing authorisation may include a notification of the intention to partially remove shark fins on board the vessel and to perform other operations on board, such as gutting.

3. Issue of the fishing authorisation

Fishing authorisations shall be issued by the ministry responsible for fisheries in São Tomé and Príncipe within 15 working days of receipt of all the documents referred to in point 2 of this Section.

The originals shall be submitted to the Union via the Union delegation with responsibility for São Tomé and Príncipe.

The authorisation shall specify the species or categories that may be fished (tunas, swordfish and authorised sharks).

In order not to delay the opportunity for fishing in São Tomé and Príncipe's fishing zone, a copy of the fishing authorisation shall be sent to the vessel owner electronically. This copy may be used for a maximum period of 60 days after the date on which the authorisation was issued. During this period, the copy shall be considered equivalent to the original.

4. Exceptional replacement of the fishing authorisation

A fishing authorisation shall be issued for a given vessel and shall not be transferable. However, at the request of the Union and where force majeure is proven, the fishing authorisation of a vessel may be withdrawn and a new fishing authorisation issued for the remainder of the period of validity, for another vessel of the same category, in accordance with arrangements to be determined.

The vessel owner shall submit the original fishing authorisation to the São Tomé and Príncipe ministry responsible for fisheries. The authorisation for the replacement vessel shall take effect on that date. São Tomé and Príncipe shall notify the Union of the transfer of the fishing authorisation and the date it will take effect.

5. Keeping the fishing authorisation on board

The fishing authorisation shall be kept on board at all times, without prejudice to point 3 of this Section.

6. Support vessels

At the request of the Union, and following an examination by the São Tomé and Príncipe authorities, São Tomé and Príncipe shall authorise Union fishing vessels holding a fishing authorisation to be assisted by support vessels.

The support vessels shall not be equipped for fishing. This support shall not include refuelling or the transhipment of catches.

Support vessels shall be subject to the same procedure as regards the sending of applications for fishing authorisations set out in this Chapter, to the extent applicable. São Tomé and Príncipe shall draw up a list of authorised support vessels and send it to the Union immediately.

These vessels shall be required to pay an annual fee of EUR 3 500, payable to the Fisheries Development Fund referred to in Article 3(10) of this Protocol.

SECTION 2

Fees and advance payments

1. Fishing authorisations shall be valid for one year.

2. The fee payable for tuna seiners and surface longliners, per tonne caught in São Tomé and Príncipe's fishing zone, is set at EUR 70 for the entire period of application of this Protocol.

3. Fishing authorisations shall be issued after payment of the following annual flat-rate fees: (a) in the case of tuna seiners: EUR 9 100 per vessel, equivalent to the fees due for 130 tonnes; (b) in the case of surface longliners: EUR 3 255 per vessel, equivalent to the fees due for 46.5 tonnes.

The fees shall be payable to the Public Treasury account used for the payment of the financial contribution referred to in point (a) of Article 3(2) of this Protocol.

4. For each Union vessel, the Union shall draw up, on the basis of its catch reporting, a statement of catches and a statement of the fees owed by the vessel in respect of its annual season for the previous calendar year. The Union shall send these final statements to the São Tomé and Príncipe authorities, and to the vessel owner via the Member States of the Union, before 30 June of the current year. São Tomé and Príncipe may challenge these final statements within 30 days of receipt, on the basis of supporting evidence. In the event of disagreement, the Parties shall consult each other, where appropriate in the Joint Committee. If São Tomé and Príncipe does not object within the period of 30 days, the final statements shall be considered adopted.

5. If the final statement exceeds the anticipated flat-rate fee paid to obtain the fishing authorisation, the vessel owner shall pay the outstanding balance to São Tomé and Príncipe within 45 days unless the vessel owner contests the statement. Outstanding balances shall be paid into the Fisheries Development Fund account. However, if the final statement is less than the anticipated flat-rate fee, the remaining amount shall not be reclaimed by the vessel owner.

CHAPTER III

CATCH MONITORING AND REPORTING

SECTION 1

Electronic fishing logbooks

1. The master of a Union vessel carrying out fishing activities under this Protocol shall keep an electronic fishing logbook integrated into an electronic recording and reporting system (ERS).

2. A vessel not equipped with an ERS shall not be authorised to enter São Tomé and Príncipe's fishing zone in order to engage in fishing activities.

3. The master shall be responsible for the accuracy of the data recorded in the electronic fishing logbook. The fishing logbook shall comply with the relevant ICCAT resolutions and recommendations.

4. Every day, the master shall record the estimated quantities of each species caught and kept on board, or thrown back into the sea, for each fishing operation. The recording of the estimated quantities of a species caught or discarded shall be made regardless of the weight involved.

5. If the vessel is present in the fishing zone but does not carry out any fishing, the position of the vessel at noon shall be recorded.

6. The fishing logbook data shall be transmitted automatically and on a daily basis to the Fisheries Monitoring Centre (FMC) of the flag State. The transmissions shall include at least the following: (a) the vessel identification numbers and the name of the fishing vessel; (b) the FAO 3-alpha code of each species; (c) the relevant geographical area in which the catches were taken; (d) the date and, where appropriate, the time of the catches; (e) the date and time of departure from and arrival at the port, and the duration of the fishing trip; (f) the type of gear, technical specifications and dimensions; (g) the estimated quantities of each species kept on board, in kilograms live weight or, where appropriate, the number of individual fish; (h) the estimated quantities of each species discarded, in kilograms live weight or, where appropriate, the number of individual fish.

7. The flag State shall ensure that the data are received and recorded in a computer database enabling the data to be stored securely for at least 36 months.

8. The flag State and São Tomé and Príncipe shall ensure that they have the necessary IT equipment and software to automatically transmit ERS data. ERS data shall be transmitted using the electronic means of communication operated by the European Commission for exchanging fisheries data in a standardised form. Changes to standards shall be implemented within six months.

9. The flag State's FMC shall ensure that fishing logbooks are automatically made available by ERS to São Tomé and Príncipe's FMC on a daily basis for the period during which the vessel is present in the fishing zone, even in the event of a zero catch.

10. The arrangements for reporting catches by ERS and the procedures in the event of malfunction are set out in Appendix 4.

11. The São Tomé and Príncipe authorities shall handle data on the fishing activities of individual vessels in a confidential and secure manner.

SECTION 2

Aggregate catch data

1. On a quarterly basis, the flag State shall input the quantities of each vessel's catches and discards, aggregated over one month, in the database run by the European Commission. In the case of species subject to a total allowable catch in accordance with this Protocol or ICCAT recommendations, the quantities shall be provided on a monthly basis for the previous month.

2. The flag State shall verify the data through cross-checks with landing, sales, inspection or observation data and any relevant information of which the authorities are aware. Updates to the database required as a result of these verifications shall be carried out as quickly as possible. The verifications shall use the geographical coordinates of the fishing zone as established in accordance with this Protocol.

3. The Union shall provide the São Tomé and Príncipe authorities, before the end of each quarter, with aggregated data for the previous quarters of the current year, indicating the quantities of catches per vessel, per month of catch, and per species, extracted from the database. These data shall be provisional and expandable.

4. São Tomé and Príncipe shall analyse the aggregated data referred to in paragraph 3 and report any major inconsistencies with the electronic fishing logbook data provided by ERS. The flag States shall conduct investigations and update data as necessary.

CHAPTER IV

MONITORING, CONTROL AND SURVEILLANCE

SECTION 1

Control and inspection

Union fishing vessels shall comply with the measures and recommendations adopted by ICCAT with regard to fishing gear and the related technical specifications and all other technical measures applicable to their fishing activities and catches.

1. Entering and leaving the fishing zone

Union vessels operating in São Tomé and Príncipe waters under this Protocol shall notify the competent São Tomé and Príncipe authorities, at least three hours in advance, of their intention to enter or leave the São Tomé and Príncipe EEZ.

When notifying entry into/exit from the São Tomé and Príncipe EEZ, vessels shall, at the same time, also communicate their position and the catches already held on board, identified by their FAO 3-alpha code, expressed in kilograms of live weight or, where appropriate, the number of individual fish.

These communications shall be made by ERS or alternatively by email, to the address communicated by the São Tomé and Príncipe authorities.

A vessel found to be fishing without having notified its intention to enter São Tomé and Príncipe waters shall be regarded as a vessel without a fishing authorisation and shall be subject to the consequences provided for by the national legislation of São Tomé and Príncipe.

2. Inspection procedures

Inspections at sea, in port or off port in São Tomé and Príncipe's fishing zone on Union vessels holding a fishing authorisation shall be carried out by inspectors from São Tomé and Príncipe who are clearly identified as being assigned to carry out fishing checks, using vessels at the service of the São Tomé and Príncipe authorities.

Before boarding, the inspectors from São Tomé and Príncipe shall inform the Union vessel of their decision to carry out an inspection. The inspection shall be carried out by a maximum of two inspectors, who must provide proof of their identity and official position as an inspector before carrying out the inspection.

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

Images (photos or videos) made during inspections shall be intended for the authorities responsible for fisheries control and surveillance. They shall not be made public unless the national legislation provides otherwise.

The master of the Union vessel shall allow the inspectors from São Tomé and Príncipe to come on board and carry out their work.

At the end of each inspection, the inspectors from São Tomé and Príncipe shall draw up an inspection report. The master of the Union vessel shall have the right to include their comments in the inspection report. The inspection report shall be signed by the inspector drawing up the report and the master of the Union vessel.

The signing of the inspection report by the master shall be without prejudice to the vessel owner's right of defence during any infringement procedure. The master of the vessel shall cooperate while the inspection procedure is being carried out. If the master refuses to sign the document, they shall specify the reasons for doing so in writing, and the inspector shall write "Refused to sign" on it. The inspectors from São Tomé and Príncipe shall give a copy of the inspection report to the master of the Union vessel before leaving the vessel. The São Tomé and Príncipe authorities shall inform the Union of inspections carried out within 24 hours of their completion and of any infringements found, and send it the inspection report. If applicable, a copy of the resulting indictment shall be sent to the Union within a maximum of seven days after the inspector's return to port.

3. Authorised operations on board

Fishing authorisations issued by São Tomé and Príncipe shall indicate which operations are authorised on board, such as gutting and the partial removal of shark fins.

4. Transhipment and landings

All Union vessels operating in São Tomé and Príncipe waters under this Protocol which carry out transhipments in São Tomé and Príncipe waters shall do so off the ports of Fernão Dias, Neves and Ana Chaves.

If the owners of these vessels or their agents wish to carry out a transhipment or landing, they shall notify the competent São Tomé and Príncipe authorities, at least 48 hours in advance, of the following:

(a) the names of the fishing vessels involved in the transhipment or landing;

(b) the name of the cargo vessel;

(c) the tonnage by species to be transhipped or landed;

(d) the day of transhipment or landing;

(e) the destination of the transhipped or landed catches.

Notification to São Tomé and Príncipe may be made by ERS or email.

Transhipment at sea shall be prohibited.

Masters of vessels shall submit their catch declarations to the competent São Tomé and Príncipe authorities and state whether they intend to continue fishing or to leave São Tomé and Príncipe waters.

Any transhipment or landing of catches not covered by this Section shall be prohibited in São Tomé and Príncipe waters. Any person infringing this provision shall be liable to the penalties provided for by the São Tomé and Príncipe regulations in force.

SECTION 2

Satellite-based vessel monitoring system

Any Union vessel authorised under this Protocol shall be equipped with a satellite-based vessel monitoring system (VMS).

It shall be forbidden to move, disconnect, destroy, damage or render inoperative the continuous tracking system using satellite communications placed on board the vessel for the purposes of data transmission or to intentionally alter, divert or falsify data transmitted or recorded by such a VMS.

Union vessels shall communicate their position automatically and continuously, at least every hour in the case of seiners and at least every two hours in the case of all other vessels, to the FMC of their flag State. This frequency may be increased as part of investigative measures into a vessel's activities.

The FMC of the flag State shall ensure that VMS positions are automatically made available for the period during which the vessel is present in the fishing zone.

Each position message shall contain:

(a) the vessel identification;

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

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

(d) the vessel's speed and course.

The arrangements for notifying vessel positions by VMS and the procedures in the event of malfunction are set out in Appendix 5.

The FMCs shall communicate with each other in the context of monitoring vessel activity.

CHAPTER V

SIGNING-ON OF SEAMEN

1. Number of seamen to be signed on:

When carrying out their fishing activity in São Tomé and Príncipe waters, Union vessels shall be required to sign on seamen from São Tomé and Príncipe, in accordance with the following conditions and limits:

(a) in the case of the tuna seiner fleet, a total of six seamen for the entire fleet for the first year of application of this Protocol, a total of eight seamen for the second year of application of this Protocol, and a total of 10 seamen per year for the last three years of application of this Protocol;

(b) in the case of the surface longliner fleet, a total of two seamen per year for the entire fleet.

2. This signing-on obligation shall be contingent on the São Tomé and Príncipe authorities sending a list of able and qualified seamen to the Union before the application of this Protocol and then in January each year. Vessel owners shall recruit seamen from those appearing on this list.

3. The qualifications required by seamen from São Tomé and Príncipe are set out in Appendix 6.

4. The vessel owner or their agent shall inform the competent São Tomé and Príncipe authority of the names of the seamen signed on the vessel concerned, mentioning their position in the crew.

5. The International Labour Organization (ILO) Declaration on Fundamental Principles and Rights at Work shall apply as of right to seamen signed on Union vessels. In particular, this relates to freedom of association, effective recognition of the right to collective bargaining, and elimination of discrimination in respect of employment and occupation.

6. The employment contracts of seamen from São Tomé and Príncipe, a copy of which must be given to the Ministry of Labour, the ministry responsible for fisheries and the signatories of the contracts, shall be drawn up between the vessel owners, or their agents, and the seamen or their trade unions or representatives. These contracts shall guarantee the seamen the social security cover applicable to them, in accordance with the applicable law, including life assurance and sickness and accident insurance.

7. The wages of the seamen shall be paid by the vessel owners. They shall be set by mutual agreement between the vessel owners or their agents and the seamen and/or their trade unions or representatives. However, the wages of the seamen shall not be lower than those payable to crews from their respective countries and shall, under no circumstances, be below ILO standards.

8. All seamen recruited by Union vessels shall report to the master of the designated vessel on the day before their proposed signing-on date. If a seaman fails to appear at the agreed date and time of signing-on, or a seaman does not have the required qualifications, the vessel owner shall be automatically absolved of their obligation to sign on the seaman.

9. If, for exceptional reasons justified by vessel owners, Union vessels are not able to sign on the number of seamen from São Tomé and Príncipe provided for in point 1, they shall pay a flat‐rate amount of EUR 20 per seaman not signed on and per day the vessel is present in São Tomé and Príncipe's fishing zone. The Joint Committee shall regularly assess the signing-on of seamen from São Tomé and Príncipe.

CHAPTER VI

OBSERVERS

1. Observation of fishing activities

Pending the implementation of a system of regional observers, vessels authorised to fish in São Tomé and Príncipe's fishing zone under this Protocol shall take on board, instead of regional observers, observers designated by São Tomé and Príncipe, in accordance with the this Chapter.

2. Designated vessels and observers

Union vessels operating in São Tomé and Príncipe waters under this Protocol shall take on board observers designated by the São Tomé and Príncipe ministry responsible for fisheries under the following conditions:

(a) At the request of the competent São Tomé and Príncipe authorities, Union vessels shall take on board an observer designated by the former to check catches made in São Tomé and Príncipe waters.

(b) The competent São Tomé and Príncipe authorities shall draw up a list of the vessels designated to take an observer on board and a list of the observers designated to be taken on board. 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, as they may have been updated.

(c) The competent São Tomé and Príncipe authorities shall inform the Union and the vessel owners concerned of the name of the observer designated to be taken on board the vessel, preferably by email, at the time the fishing authorisation is issued or, at the latest, 15 days before the observer's planned embarkation date.

(d) The time spent on board by the observer shall be one fishing trip. However, at the express request of the competent São Tomé and Príncipe authorities, this embarkation may be spread over several trips depending on the average duration of the trips planned for a particular vessel. This request shall be made by the competent authority when notifying the name of the observer designated to board the vessel in question.

3. Boarding and disembarking conditions

(a) The conditions under which the observer is taken on board shall be agreed between the vessel owner or their agent and the competent authority.

(b) Observers shall embark and disembark at a port chosen by the vessel owner. Embarkation shall take place at the beginning of the first trip in São Tomé and Príncipe waters after notification of the list of designated vessels.

(c) Within two weeks and giving 10 days' notice, the vessel owners concerned shall make known at which ports in the subregion and on what dates they intend to take the observers on board and put them ashore.

(d) Where observers are taken on board in a country other than São Tomé and Príncipe, their travel costs shall be borne by the vessel owner. Should a vessel with an observer on board leave São Tomé and Príncipe's fishing zone, all measures shall be taken to ensure the observer's return to São Tomé and Príncipe as soon as possible at the vessel owner's expense.

(e) If the observer is not present at the time and place agreed or within the following 12 hours, the vessel owner shall be automatically absolved of their obligation to take the observer on board.

(f) The master shall do everything in their power to ensure the physical safety and welfare of the observer during the performance of their duties.

(g) The observer shall be offered every facility needed to carry out their duties. The master shall give the observer access to the means of communication needed to discharge their duties, to documents directly concerned with the vessel's fishing activities, including, in particular, the fishing logbook and the navigation log, and to any part of the vessel as required to allow the observer to accomplish their tasks.

(h) The vessel owner shall bear the cost of providing board and accommodation for observers in the same conditions as for officers, within the confines of the practical possibilities offered by the vessel.

(i) The salary and social contributions of the observer shall be borne by São Tomé and Príncipe.

4. Flat-rate financial contribution

In order to contribute to the implementation costs related to the placement of observers, the vessel owner shall pay, at the time of paying the flat-rate advance, an amount of EUR 250 per year and per vessel, payable to the account used for flat-rate advances.

5. Tasks of the observer

Observers shall be treated on board as officers. When vessels are operating in São Tomé and Príncipe waters, observers shall carry out the following tasks:

(a) observe the fishing activities of the vessels;

(b) verify the position of vessels engaged in fishing operations;

(c) record the fishing gear used;

(d) verify the catch data for São Tomé and Príncipe waters recorded in the fishing logbook;

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

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

6. Obligations of the observer

While on board, the observer shall:

(a) take all appropriate steps to ensure that the manner of their boarding and their presence on board neither interrupt nor hamper fishing operations;

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

(c) At the end of the observation period and before leaving the vessel, the observer shall draw up an activity report to be transmitted to the competent São Tomé and Príncipe authorities, with a copy to the European Commission. The observer shall sign it in the presence of the master, who may add or have added to it any observations considered relevant, followed by the master's signature. A copy of the report shall be handed to the master when the observer is put ashore.

CHAPTER VII

INFRINGEMENTS

1. Handling of infringements

Any infringement committed by a Union vessel holding a fishing authorisation in accordance with this Annex shall be the subject of an indictment report to be sent to the Union and the flag State as quickly as possible.

2. Detention of the vessel/diversion - information meeting

(a) If the São Tomé and Príncipe legislation in force so provides with regard to the reported infringement, any Union vessel having committed an infringement may be forced to cease its fishing activity and, if the vessel is at sea, to return to a São Tomé and Príncipe port.

(b) São Tomé and Príncipe shall notify the Union within 24 hours of any detention of a Union vessel holding a fishing authorisation. That notification shall be accompanied by documentary evidence of the reported infringement.

(c) Before taking any measures against the vessel, the master, the crew or the cargo, with the exception of measures aimed at protecting evidence, São Tomé and Príncipe shall hold, at the request of the Union, within one working day of notification of the detention of the vessel, an information meeting to clarify the facts which led to the vessel being detained and to explain what further action may be taken. A representative of the vessel's flag State may attend this information meeting.

3. Penalties for infringements - compromise procedure

(a) The penalty for the infringement shall be set by São Tomé and Príncipe pursuant to the national legislation in force.

(b) Where settling the infringement involves legal proceedings, provided that the infringement does not involve a criminal act, a compromise procedure between São Tomé and Príncipe and the Union shall take place before the proceedings are launched to determine the terms and level of the penalty. Representatives of the vessel's flag State and the Union may participate in this compromise procedure. The compromise procedure shall finish at the latest three days after notice is given of the vessel's detention.

4. Legal proceedings - bank security

If the compromise procedure fails and the infringement is brought before the competent court, the owner of the vessel that committed the infringement shall deposit a bank security at a bank designated by São Tomé and Príncipe, the amount of which, as set by São Tomé and Príncipe, covers the costs linked to the detention of the vessel, the estimated fine and any compensation. It shall not be possible to recover the bank security until the legal proceedings have been concluded.

The bank security shall be released and returned to the vessel owner immediately after judgment has been given:

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

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

São Tomé and Príncipe shall inform the Union of the outcome of the legal proceedings within seven days of the judgement being given.

5. Release of the vessel and the crew

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

(1) Regulation (EU) 2017/2403 of the European Parliament and of the Council of 12 December 2017 on the sustainable management of external fishing fleets, and repealing Council Regulation (EC) No 1006/2008 (OJ EU L 347, 28.12.2017, p. 81).