EN Official Journal of the European Union L 250/2

PROTOCOL

setting out the fishing opportunities and the financial contribution provided for by the Fisheries Partnership Agreement between the European Union and the Gabonese Republic

Article 1

Period of application and fishing opportunities

1. From the date of the provisional application of the Protocol, and for a period of three (3) years, the fishing opportunities granted under Articles 5 and 6 of the Agreement shall be set out to allow the highly-migratory species listed in Annex 1 to the United Nations Convention on the Law of the Sea to be caught, with the exception of those species protected or prohibited by ICCAT or under Gabonese legislation.

2. From the date of the provisional application of the Protocol, activities carried out by the following vessels may benefit from fishing opportunities:

(a) 27 freezer tuna seiners

(b) 8 pole-and-line tuna vessels

This paragraph shall apply subject to Articles 5 and 6 of this Protocol.

3. Access to fishery resources in Gabonese fishing zones shall be granted to foreign fleets to the extent that there is a surplus within the meaning of Article 62 of the United Nations Convention on the Law of the Sea and having taken into account the operating capacity of the national Gabonese fleets.

4. Under Article 6 of the Agreement, vessels flying the flag of a Member State of the European Union may fish in Gabonese fishing zones only if they are in possession of a fishing authorisation issued under this Protocol in accordance with Annex 1 hereto.

Article 2

Financial contribution – Methods of payment

1. For the period referred to in Article 1, the financial contribution referred to in Article 7 of the Fisheries Partnership Agreement shall be EUR 1 350 000 per year.

2. The financial contribution comprises:

(a) an annual amount for access to the Gabonese fishing zone of EUR 900 000, equivalent to a reference tonnage of 20 000 tonnes per year, and

(b) a specific amount of EUR 450 000 per year for support to and implementation of the Gabonese sectoral fisheries policy.

3. Paragraph 1 shall apply subject to Articles 4, 5, 7 and 9 of this Protocol.

4. Payment of the financial contribution laid down in paragraph 2(a) on access by European Union vessels to Gabonese fishery resources shall be made by the European Union no later than three (3) months after the date of provisional application of the Protocol for the first year and on the anniversary of the signing of the Protocol for the following years.

5. The two Parties have agreed to improve the regular monitoring of catches taken by EU vessels in the Gabonese fishing zone. To this end, over the course of the fishing season, the EU will regularly analyse data on the catch and effort of EU fishing vessels operating in the Gabonese fishing zone. The EU will regularly update Gabon on the outcome of these analyses. In order to manage the possibility of the reference tonnage being exceeded, the EU shall inform its Member States and Gabon as soon as the total registered catch in the Gabonese fishing zone reaches 80 % of the reference tonnage of 20 000 tonnes.

6. As soon as the overall catch quantity reaches 80 % of the reference tonnage, a meeting of the Joint Committee shall be held in order to establish how Gabon shall receive the additional payment due on account of this possible excess.

7. Save as provided for under paragraph 6 of this Article, where the quantities caught by European Union vessels exceed the quantities corresponding to twice the total annual amount, the amount due for the quantity exceeding that limit shall be paid the following year.

8. The Gabonese authorities shall have full discretion regarding the use to which the financial contribution defined under paragraph 2(a) is put.

9. The financial contribution shall be paid into a single Gabonese Public Treasury account, the references of which shall be notified each year by the Gabonese authorities.

Article 3

Promoting responsible fishing and sustainable fisheries in the Gabonese fishing zone

1. The two Parties undertake to promote responsible fishing in the Gabonese fishing zone based on the principles of sustainable exploitation of fishery resources and marine ecosystems.

2. The European Union and Gabon shall agree, within the Joint Committee provided for in Article 9 of the Agreement, from the date of provisional application of this Protocol, and at the latest three months after that date, on a multiannual sectoral programme, in line with the Gabonese national strategy on fisheries and the European Commission’s political framework, and on the detailed implementing rules, including in particular:

(a) annual and multiannual guidelines for using the specific amount of the financial contribution referred to in Article 2(2);

(b) the objectives, both annual and multiannual, to be achieved with a view to introducing responsible fishing and sustainable fisheries, taking account of the priorities expressed by Gabon in its national fisheries policy, and other policies relating to or having an impact on the promotion of responsible fishing and sustainable fisheries, including marine protected areas;

(c) criteria and procedures including, where appropriate, budgetary and financial indicators, to be used for evaluating the results obtained each year.

3. The use to which the amounts are put shall be based on a common agreement between the two Parties within the Joint Committee on the objectives to be achieved, in line with the Strategic Plan for Emerging Gabon by the fisheries sector and based on an estimate of the expected impact of the projects to be carried out.

4. For the first year of the Protocol, the financial support issued by Gabon to the fisheries sector shall be notified to the EU or approved by the Joint Committee.

5. Each year, Gabon shall present how the projects implemented with sectoral financial support have progressed, in the form of an annual achievement report to be examined by the Joint Committee. A final report shall also be produced by Gabon before the Protocol expires.

6. The specific financial contribution to support the sector shall be paid in instalments based on an analysis of the outcomes of the sectoral support and of needs.

7. Any proposed amendments to the multiannual sectoral programme must be approved by the two Parties within the Joint Committee.

Article 4

Scientific cooperation on responsible fishing

1. The two Parties shall undertake to promote responsible fishing in Gabonese waters based on the principle of non-discrimination as regards technical conservation measures between the different fleets operating in those waters and the principle of sustainable management of fishery resources and marine ecosystems.

2. Over the period covered by this Protocol, the European Union and Gabon shall undertake to cooperate in order to monitor the state of fishery resources in the Gabonese fishing zone and to contribute to fishery development.

3. The two Parties shall comply with the recommendations and resolutions of the International Commission for the Conservation of Atlantic Tunas (ICCAT) regarding the responsible management of fisheries.

4. In accordance with Article 4 of the Fisheries Partnership Agreement, on the basis of the recommendations and resolutions adopted within ICCAT and in the light of the best scientific advice available, the Parties shall consult each other within the Joint Committee provided for in Article 9 of the Fisheries Partnership Agreement to take measures to ensure the sustainable management of the fish species covered by this Protocol and concerning the activities of European Union vessels.

5. Where necessary, as provided for under Article 4.2 of the Agreement, a meeting of scientific experts representing the two Parties may be convened at the request of either of the Parties. Participation in that meeting may also be extended, where necessary, to third party scientific experts and observers, representatives of stakeholders or representatives of regional and international fishery management bodies.

Article 5

Review of fishing opportunities

1. The Parties may adopt, in the Joint Committee, measures as referred to in Articles 1 and 2 of this Protocol entailing a review of fishing opportunities. In that case, the financial contribution shall be adjusted proportionately and pro rata temporis.

2. With regard to categories not provided for by the Protocol in force, the two Parties may, in accordance with Article 6 second subparagraph of the Agreement, include new fishing opportunities on the basis of the best scientific advice, endorsed by the Independent Joint Scientific Committee and adopted by the Joint Committee.

Article 6

New fishing opportunities

1. At the request of Gabon, the Gabonese Government may call on the European Union in order to consider the possibility of experimental fishing in order to exploit certain fisheries, under the direct supervision of scientists representing the two Parties and either ICCAT or the relevant regional fisheries organisation.

2. The two Parties shall encourage experimental fishing in the Gabonese fishing zone. To that end, at the request of Gabon, they shall consult each other and determine on a case-by-case basis the relevant species, conditions and other parameters. The two Parties shall carry out experimental fishing in line with the conditions laid down by the Scientific Committee set up under this Protocol.

3. The authorisations for experimental fishing shall be granted for a maximum of 12 months. In the event that the Parties consider that experimental campaigns have given positive results, the Government may allocate fishing opportunities for new species to the European Union fleet until this Protocol expires. The financial compensation referred to in Article 2(1) of the current Protocol shall consequently be increased.

4. Vessels involved in exploratory fishing within the meaning of this Protocol must have an observer on board, as laid down in the Annex.

Article 7

Suspension and review of the payment of the financial contribution

1. The financial contribution referred to in Article 2(2)(a) and (b) may be revised or suspended after consultation between the two Parties if one or more of the following conditions apply:

(a) unusual circumstances, as defined in Article 2(h) of the Fisheries Partnership Agreement, preventing fishing activities in the Gabonese fishing zone;

(b) significant changes in the formulation or implementation of the fisheries policy of either one of the Parties affecting the provisions of this Protocol;

(c) if the European Union or Gabon note that there has been a violation of the essential and fundamental human rights provided for in Article 9 of the Cotonou Agreement and following the procedure provided for in Articles 8 and 96 of that Agreement;

2. In the cases referred to in the first paragraph, fishing activities shall be suspended. The payment shall be revised or suspended without prejudice to the financial contribution due for fishing activities carried out prior to the suspension decision.

3. Following the evaluation provided for in Article 3(4), the European Union reserves the right to suspend, partially or fully, the payment of the financial contribution for the fisheries sector as provided for in Article 2(2)(b) of this Protocol in the event of failure to adhere to the objectives of the planning of the sectoral support or failure to implement the financial contribution.

4. Payment of the financial contribution shall resume after consultation and agreement by the two Parties, as soon as the situation existing prior to the events referred to in paragraph 1 has been re-established and/or if the results of the financial implementation referred to in paragraph 2 so warrant. Nevertheless, the specific financial contribution provided for in Article 2(2)(b) may not be paid beyond a period of 6 months after the Protocol expires.

Article 8

Suspension of the implementation of the Protocol

1. The implementation of this Protocol may be suspended at the initiative of one of the two Parties if one or more of the following conditions apply:

(a) unusual circumstances, as defined in Article 2(h) of the Fisheries Partnership Agreement, preventing fishing activities in the Gabonese fishing zone;

(b) significant changes in the policy guidelines of one or other of the Parties affecting the provisions of this Protocol;

(c) if the European Union or Gabon note that there has been a violation of the essential and fundamental human rights provided for in Article 9 of the Cotonou Agreement and following the procedure provided for in Articles 8 and 96 of that Agreement;

(d) there is non-payment of the financial contribution provided for in Article 2(2)(a) by the European Union, for reasons other than those provided for in Article 10.2 of this Protocol;

(e) there is a dispute between the two Parties concerning the interpretation of this Protocol;

(f) one of the two Parties does not comply with the provisions of this Protocol and the Annex and appendices thereto.

2. Implementation of the Protocol may be suspended at the initiative of one Party if it has not been possible to settle the dispute between the Parties in consultations held within the Joint Committee.

3. Suspension of application of the Protocol shall require the Party concerned 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. Where such a 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.

5. In the event of actual suspension, European Union vessels must leave the Gabonese fishing zone within 24 hours.

Article 9

National law

1. The activities of European Union fishing vessels in the Gabonese fishing zone are subject to the laws and regulations in force in Gabon, unless otherwise provided for under this Protocol and the Annexes thereto.

2. The Gabonese authorities shall inform the European Commission of any changes to its fisheries policy or new sectoral legislation before their entry into force.

3. In the event that the new provisions under Gabonese national legislation, as referred to in point 2, contradict the provisions of this Protocol and the Annexes thereto, the Joint Committee shall be convened as soon as possible in order to clarify those contradictions directly affecting the fishing activity of European Union vessels.

Article 10

Electronic communication

1. The Gabonese Republic and the European Union shall undertake to install as soon as possible the computer systems required for the electronic exchange of all the information and documents related to the implementation of the Agreement.

2. The electronic version of a document shall be considered to be the equivalent of a paper document in every way, after approval by the competent authorities as defined under Chapter I of the Annex to this Protocol.

3. Gabon and the European Union shall inform each other of any malfunction of a computer system as soon as possible. The information and documents related to the implementation of the Agreement shall then be automatically replaced by their paper version.

Article 11

Confidentiality

The Gabonese Republic and the European Union shall undertake that all nominative data relating to EU vessels and their fishing activities obtained within the framework of the Agreement will, at all times, be processed strictly in accordance with the principles of confidentiality and data protection.

The two Parties shall ensure that only aggregate data on fishing activity in Gabonese waters is made publicly available, in line with the relevant ICCAT provisions. Data which may be considered confidential must be used by the competent authorities exclusively for the purposes of implementing the Agreement and for fishery management, controls and monitoring.

Article 12

Duration

This Protocol and the Annexes thereto shall apply for a duration of three (3) years from the date of provisional application as laid down under Article 14.

Article 13

Termination

1. In the event of termination of the Protocol, the Party concerned shall notify the other Party in writing of its intention to terminate it at least three months before the date on which such termination would take effect.

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

Article 14

Provisional application

This Protocol and the Annexes thereto shall be provisionally applied as from the date of its signature.

Article 15

Entry into force

This Protocol and the Annexes thereto shall enter into force on the date on which the Parties notify each other of the completion of the procedures necessary for that purpose.

For the European Union J. E. HOLZAPPEL For the Gabonese Republic J. NKOGHE BEKALE