AGREEMENT amending the Agreement between the European Economic Community and the Government of the Republic of Equatorial Guinea on fishing off the coast of Equatorial Guinea, signed at Malabo on 15 June 1984

Article 1

The Annex referred to in Article 4 and the Protocol referred to in Article 6 of the Agreement between the European Economic Community and the Government of the Republic of Equatorial Guinea on fishing off the coast of Equatorial Guinea, signed on 15 June 1984 shall be replaced by the texts annexed to this Agreement.

Article 2

This Agreement, drawn up in duplicate in the Danish, German, Greek, English, French, Italian, Dutch, Portuguese and Spanish languages, each of these texts being equally authentic, shall enter into force on the date of signature.

It shall be applicable from 27 June 1986 to 26 June 1989.

ANNEX CONDITIONS FOR THE PURSUIT OF FISHING ACTIVITIES IN EQUATORIAL GUINEA'S FISHING ZONE BY VESSELS FLYING THE FLAGS OF MEMBER STATES OF THE COMMUNITY

A.Licence application and issuing formalities

The procedure for applications for, and issue of, the licences enabling vessels flying the flags of the Member States of the Community to fish in Equatorial Guinea's fishing zone shall be as follows:

The relevant Community authorities shall present to the Ministry of Water, Forestry and Reafforestation of the Republic of Equatorial Guinea, via the Delegation of the Commission in Equatorial Guinea, an application for each vessel that wishes to fish under this Agreement, at least 30 days before the date of commencement of the period of validity requested.

The applications shall be made on the forms provided for that purpose by the Government of the Republic of Equatorial Guinea, a specimen of which is annexed hereto.

Each licence application shall be accompanied by proof of payment for the period of the licence's validity into the account referred to in Article 3 of the Protocol. Once signed, the licences shall be issued by the Equatorial Guinea authorities to the shipowners or their representatives. Licences must be held on board at all times.

1.Provisions applicable to trawlers

(a)The licences for trawlers shall be issued for a year, six months or three months. They shall be renewable.

(b)The fees for annual licences shall be set as follows:

-55 ECU per grt per year for fin fish trawlers,

-75 ECU per grt per year for shrimp trawlers.

The fees for shorter periods shall be set pro rata temporis.

2.Provisions applicable to tuna vessels

(a)The fees shall be set at 20 ECU per tonne caught within Equatorial Guinea's fishing zone.

(b)Applications for licences for tuna vessels shall be issued following payment to the Ministry of Water, Forestry and Reafforestation of a lump sum of 1 000 ECU a year for each tuna seiner and 200 ECU a year for each pole-and-line tuna vessel, equivalent to the fees for:

-50 tonnes of tuna caught per year in the case of seiners,

-10 tonnes of tuna caught a year in the case of pole-and-line vessels.

A provisional 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 the catch statements made by each shipowner and forwarded simultaneously to the Equatorial Guinea authorities and the Commission departments responsible. The corresponding amount shall be paid by each shipowner to the Ministry of Water, Forestry and Reafforestation no later than 31 March of the following year in accordance with the procedure for payment set out in Article 3 of the Protocol.

The final statement of the fees due shall be drawn up by the Commission following verification of the volume of catch by a specialist scientific body in the region. The final statement shall be communicated to the equatorial Guinea authorities and notified to the shipowners, who shall have 30 days to discharge their financial obligations.

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

B.Statement of catch

1. Vessels authorized to fish in Equatorial Guinea's waters under the Agreement shall be obliged to make to the Ministry of Water, Forestry and Reafforestation a statement of their catch and send a copy of the statement to the Commission using the procedures set out below:

-trawlers and ple-and-line tuna vessels shall make out a statement according to the specimen annexed hereto, the statements being drawn up monthly and presented at least once every quarter,

-tuna seiners shall communicate the results of each haul to the radio station at Annobon (call sign 3 CA-24).

2. Any Community vessel fishing in Equatorial Guinea's fishing zone shall allow on board, and assist in the accomplishment of his duties, any official of Equatorial Guinea responsible for inspection and monitoring. Officials should not remain on board any longer than the time required to make spot checks on the catch and carry out any other inspection concerning fishing activities.

3. Should this provision not be adhered to, the Government of Equatorial Guinea reserves the right to suspend the licence of the offending vessel unti lthe formality has been complied with.

C.Landing of catch

Trawlers authorized to fish in the Equatorial Guinea zone shall make a contribution to fish supplies for the local population by landing:

-fin fish trawlers: 6 000 kilograms of fish per vessel per year,

-shrimp trawlers: 4 000 kilograms of fish per vessel per year,

at a price set by the Ministry of Water, Forestry and Reafforestation by mutual agreement with the shipowner on the basis of local market prices and in consultation with the Delegation of the Commission of the European Communities in Equatorial Guinea.

Should the licence be renewed, the fee may be accordingly reduced in relation to the value of the fish landed.

Landings may be made individually or collectively at the most convenient port of Equatorial Guinea.

Any failure to comply with the obligation to land catches shall render the offender liable to the following sanctions on the part of the Equatorial Guinea authorities:

-fine of 1 000 ECU per tonne not landed, and

-withdrawal or non-renewal of the licence of the vessel concerned or another vessel belonging to the same shipowner.

D.Signing-on of seamen

1. Owners of trawlers who have been issued fishing licences under the Agreement shall contribute to the on-the-job vocational training of Equatorial Guinea nationals subject to the conditions and limits set out below:

-one fisherman on vessels of up to 300 grt,

-two fishermen on vessels of more than 300 grt.

2. The wages of these fishermen, to be borne by the shipowners, shall be fixed by mutual agreement between the shipowners and the Equatorial Guinea authorities. Should Equatorial Guinea not have any candidates to put forward, this obligation shall take the form of a lump sum payment equivalent to 30 % of the fishermen's wages.

This sum will be used for the training of fishermen in Equatorial Guinea and is to be paid into an account specified by the Equatorial Guinea authorities.

E.Fishing zones

The freezer trawlers referred to in Article 1 of the Protocol shall be authorized to carry out fishing activities beyond the six-mile limit.

Annex I to the fisheries Law

INFORMATION ON CATCHES RESULTING FROM INDUSTRIAL FISHING

(Article 42 of the Fisheries Law)

1.Name and registration number of vessel:

2.Nationality:

3.Type of vessel:

(i.e. for fresh fish, tuna, etc.)

4.Master's name:

5.Fishing licence issued by:

valid for the period:

6.Type of fishing:

7.Date of leaving port:

Date of entering port:

8.Catches:

DateFishing zoneSpecies caughtTonnagePort of landing

1, the undersigned ........, Master of the vessel cited above, or his representative, hereby declare that the information given above is correct, as witnessed by the observer of the Government.

Witnessed bySigned

The Observer of the GovernmentThe Master

REPUBLIC OF EQUATORIAL GUINEA

APPLICATIONS FOR A FISHING LICENCE

1. Valid from:to:

2. Name of vessel:

3. Name of shipowner:

4. Port and registration number:

5. Type of fishing:

6. Authorized mesh size:

7. Length of vessel:

8. Width of vessel:

9. Gross registered tonnage:

10. Hold capacity:

11. Engine rating:

12. Type of construction:

13. Usual number of seamen aboard:

14. Radio/electrical equipment:

15. Master's name:

The above information is the sole responsibility of the shipowner or his representative.

Date of application: