PROTOCOL defining, for the period 3 May 1989 to 2 May 1990, 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 1989, for a period of one year, the limits referred to in Article 2 of the Agreement shall be as follows:

1. Shrimp vessels:

- during May 1989: 39 vessels (approximately 12 000 grt),

- from 1 June to 31 December 1989: 29 vessels (approximately 8 950 grt),

- from 1 January to 2 May 1990: 22 vessels (approximately 6 800 grt).

However, the quantities to be fished by Community vessels may not exceed 5 000 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. On an experimental basis:

(a) demersal trawlers: 1 200 grt a month, not exceeding three vessels;

(b) surface longliners: two vessels with a maximum of 400 grt a month.

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 7 925 000.

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

3. Compensation of ECU 6 945 000 shall be paid into an account opened at a financial institution or any other body designated by Angola. The remaining ECU 980 000 shall be paid into the account of the Ministry of Fisheries.

Article 3 During the period referred to in Article 1, the Community shall also contribute ECU 400 000 towards the financing of

Angolan scientific and technical programmes (equipment, infrastructure, seminars, studies, etc.). This amount shall be made available to the Research Centre of the Ministry of Fisheries no later than 30 September 1989.

Article 4 1. During the period referred to in Article 1, the Community shall contribute up to ECU 270 000 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 390 000 shall be used by the Community to provide Angola with study or practical training awards in 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.

3. Within three months of the date on which this Protocol is signed, the Community shall send Angola a list of fisheries-related secondary and higher training institutions in its Member States, together with their entry requirements.

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 1989.

ANNEX

CONDITIONS GOVERNING FISHING ACTIVITIES IN ANGOLAN WATERS BY COMMUNITY VESSELS A. Licence application and issuing formalities

The procedure for application for, and issue of, licences enabling Community vessels to fish in Angolan waters shall be as follows:

(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 wishing to fish under the Agreement, at least 15 days before the date of commencement of the period of validity requested. Applications shall be made on forms provided for that 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 case 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 captain of the vessel in the port of Luanda after inspection of the vessel by the competent authority. However, in the case of tuna vessels and longliners, licences shall be issued to the shipowners or their representatives or agents.

(d)

The representative 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, with the exception of the seven licences for shrimp vessels, which shall be valid for eight months.

(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

The fees for monthly licences shall be ECU 24 per gross registered tonne.

III. Provisions applicable to tuna vessels and surface longliners

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 surface longliner, equivalent to the fees for 100 tonnes of swordfish caught within Angolan waters per year.

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 catch statements made by the shipowners and forwarded simultaneously to the Angolan authorities and the Commission of the European Communities. The corresponding amount shall be paid by the shipowners to Angola no later than 31 March of the following year.

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

However, if the amount of the final statement is lower than the advance referred to above, 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.

Longliners shall be prohibited from throwing catches back into the sea; captains of vessels shall take care to enter all by-catches in the statement of catch.

D. 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.

E. Statement of catches

1. Shrimp vessels and demersal trawlers

(a) At the end of each fishing year these vessels must forward to the Inspection and Monitoring Department of the Ministry of Fisheries, via the delegation of the European Communities in Luanda, a daily catch report drawn up by the captain in accordance with the specimen contained in Appendix 3.

Furthermore, each vessel shall present a monthly report to the Ministry of Fisheries listing the quantities caught during the month and 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 No 12-A/80 of 6 February 1980.

(b) These vessels must inform the radio station of the Department of Inspection and Monitoring of the Ministry of Fisheries or, if this is not possible, Luanda radio, on a daily basis of their geographical position and the previous day's catches.

Shipowners shall be notified of the call sign when the fishing licence is issued.

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 and surface longliners

Every three days during the fishing period in Angola's fishing zone, vessels shall inform the radio station of the Department of Inspection and Monitoring of the Ministry of Fisheries or, if this is not possible, Luanda radio, of their position and their catch. On entering and leaving Angola's fishing zone, tuna vessels shall inform the radio station of the Department of Inspection and Monitoring or, if this is not possible, Luanda radio, of their position and the volume of the catches on board.

In addition, the captain 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 captain of the vessel 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 No 12-A/80 of 6 February 1980.

F. 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 tuna 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 surface longliners shall comprise all waters under the sovereignty or the jurisdiction of the People's Republic of Angola beyond the first 50 nautical miles measured from the base lines.

G. Signing of crews

Owners of all vessels, except ocean-going tuna freezer vessels, to whom fishing licences have been issued under this Agreement shall contribute to the on-the-job vocational training of two 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.

H. 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.

I. 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.

J. 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.

K. 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.

L. 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: . .

Type

Brand

Power

(Watt)

Year of

construction

Frequencies

Reception

Transmission

24. Navigation and detection equipment installed

.

Type

Brand

Model

Range

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)

Appendix 2 APPLICATION FOR A LICENCE TO FISH FOR TUNA AND SWORDFISH 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 capazity (tonnes/24 hours) and freezing system used: . . 22. Colour of the hull: . 23. Colour of the superstructure: . 24. . Communication equipment on board: . ..

Type

Brand

Model

Power

(Watt)

Year of

construction

Frequencies

Reception

Transmission

25. . Navigation and detection equipment installed

..

Type

Brand

Model

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)