IMPLEMENTING PROTOCOL to the Fisheries Partnership Agreement between the Gabonese Republic and the European Community (2021-2026)

THE EUROPEAN UNION, hereafter referred to as the “Union”,

and

THE GABONESE REPUBLIC, hereafter referred to as “Gabon”,

hereafter jointly referred to as the “Parties”

CONSIDERING the close cooperation between the Parties, particularly in the context of relations between the African, Caribbean and Pacific Group of States (ACP) and the Union, and their mutual desire to intensify that relationship,

BEING parties to the Fisheries Partnership Agreement between the Gabonese Republic and the European Community, hereafter referred to as the “Agreement”,

RECALLING the provisions of the Agreement,

RECALLING also the principle that all States must adopt appropriate measures to ensure the sustainable management and the conservation of marine resources and cooperate with each other to that end,

REAFFIRMING the objective of ensuring the sustainable exploitation of the surplus of marine biological resources,

REAFFIRMING also the objective of ensuring the sustainable joint exploitation and management of shared stocks,

CONSIDERING THAT it is important to promote international cooperation in scientific research,

HAVE AGREED AS FOLLOWS:

PART I

GENERAL PROVISIONS

Article 1 Definitions For the purposes of this Protocol, the definitions set out in Article 1 of the Agreement shall apply. In addition, (1) “fishing activity” means searching for fish, shooting, setting, towing or hauling a fishing gear, taking catch on board, transhipping, retaining on board, processing on board, transferring, caging, fattening and landing of fish and fishery products; (2) “Union authorities” means the European Commission; (3) “Gabonese authorities” means the Ministry of Gabon that is responsible for fisheries; (4) “catches” means marine aquatic species caught by fishing gear deployed by a fishing vessel; (5) “landing” means unloading of any quantity of fishery products from a fishing vessel on land; (6) “delegation” means the delegation of the European Union to Gabon; (7) “serious dispute” means disagreement regarding the interpretation of the Protocol and preventing its implementation; (8) “fish aggregating device” or “FAD” means a natural or artificial object floating on the surface of the water under which the various species of fish it attracts gather, thereby increasing the catchability of those species; (9) “Gabonese legislation” means Gabon’s legislation regarding fishing activities; (10) “fishing licence” means an administrative authorisation issued by the Gabonese authorities to an operator entitling it to fish in the Gabonese fishing zone for a specified period; equivalent to the fishing authorisation defined by Union legislation; (11) “Union vessel” means a fishing vessel or support vessel flying the flag of a Member State of the Union and registered in the Union; (12) “support vessel” means a vessel, other than a craft carried on board, that is not equipped with operational fishing gear designed to catch or attract fish and that facilitates, assists or prepares fishing operations; (13) “observer” means any person authorised by a national authority, in accordance with the Annex, to observe the implementation of the rules applicable to a fishing activity, or to observe the activity for scientific purposes; (14) “operator” means the natural or legal person who operates or holds any undertaking carrying out any of the activities related to any stage of the production, processing, marketing, distribution or retail chains of fisheries and aquaculture products; (15) “fishing opportunity” means a quantified legal entitlement to fish, expressed in terms of catches or fishing effort; (16) “Protocol” means this Protocol on the implementation of the Agreement, as well as its Annex and the Appendices thereto; (17) “discards” means catches not retained on board; (18) “allowable catch surplus” means that part of the allowable catch which a coastal State does not harvest, resulting in an overall exploitation rate for individual stocks that remains below levels at which stocks are capable of restoring themselves and maintaining populations of harvested species above desired levels based on the best available scientific advice; (19) “transhipment” means the transfer of some or all of the catches made by one fishing vessel to another vessel, including, in accordance with Gabonese legislation, storage in containers or any other packaging; (20) “Gabonese fishing zone” means those parts of the waters under Gabon’s jurisdiction in which Gabon authorises Union fishing vessels to carry out fishing activities in accordance with Article 5 of the Agreement.

Article 2 Objective and period of application 1. The objective of this Protocol is to implement the Agreement by specifying in particular the conditions governing access by Union vessels to the Gabonese fishing zone and setting out the provisions for implementing the sustainable fisheries partnership. 2. This Protocol shall apply for a period of five years from the date of its signature, in accordance with Article 24.

Article 3 Field of application This Protocol shall apply to: (a) the Gabonese fishing zone, the geographical coordinates of which are given in Appendix 1 to the Annex. This definition shall not affect any negotiations on the delimitation of the sea areas of coastal States bordering the Gabonese fishing zone, or the rights of third countries in general; (b) the target species listed in Appendix 2 to the Annex, excluding species protected or prohibited under the International Commission for the Conservation of Atlantic Tunas (ICCAT) or other international agreements and Gabonese legislation; (c) the fishing activities carried out by Union vessels in the Gabonese fishing zone.

Article 4 Relationship between the Protocol and the Agreement The provisions of this Protocol shall be interpreted and applied in the context of and in a manner consistent with the Agreement.

Article 5 Relationship between the Protocol and other agreements and legal instruments The provisions of this Protocol shall be interpreted and applied in accordance with: (a) the recommendations and resolutions of the ICCAT or other relevant regional fisheries organisations, such as the Regional Fisheries Commission for the Gulf of Guinea (COREP); (b) the Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks of 1995; (c) the Code of Conduct for Responsible Fisheries adopted at the Conference of the Food and Agriculture Organization of the United Nations (FAO) in 1995; (d) the Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing approved by the Conference of the FAO in 2009; (e) the essential elements referred to in Article 9 of the Partnership agreement between the members of the African, Caribbean and Pacific Group of States of the one part, and the European Community and its Member States, of the other part (the "Cotonou Agreement"), or included in the equivalent article of the agreement between the European Union and the ACP countries that succeeds it; and in a manner compatible with them.

Article 6 Access to the allowable catch surplus and access based on a scientific opinion 1. The Parties agree that Union fishing vessels are only to fish the allowable catch surplus referred to in Article 62(2) and (3) of the United Nations Convention on the Law of the Sea (UNCLOS), and identified, in a clear and transparent manner, on the basis of available and relevant scientific advice and relevant information exchanged between the Parties on the total fishing effort exerted on the affected stocks by all fleets operating in the Gabonese fishing zone. 2. With respect to straddling or highly migratory fish stocks, the Parties shall take due account of scientific assessments conducted at regional level as well as conservation and management measures adopted by relevant RFMOs to determine the resources available for access.

Article 7 Economic cooperation and exploitation 1. In accordance with Article 8 of the Agreement, the Parties shall cooperate in economic, commercial, scientific and technical matters in the fisheries and related sectors. To this end, they agree on the creation of a consultation mechanism, involving operators, that aims to improve the business environment and identify opportunities for cooperation and investment in the fisheries sector in the context of the national strategy for the development of the sector implemented by Gabon. This consultation mechanism shall take the form of regular meetings that may lead in particular to proposals and recommendations to the joint committee or to cooperation of an operational nature. Where appropriate, it shall also be based on the financing of specific actions in the context of sectoral support. 2. The Parties shall cooperate with a view to facilitating the landing of catches from Union vessels operating in the Gabonese fishing zone. 3. Gabon shall encourage operators, or groups of operators, to tranship, land and appraise locally all or part of the fishery resources caught in the Gabonese fishing zone. To this end, Gabon shall establish incentive schemes to benefit operators, in accordance with Gabonese legislation. 4. Union vessels shall endeavour to procure the supplies and services necessary for their fishing activities from Gabon, depending on the availability of provisions and related services. 5. To this end, the Parties shall encourage both human and institutional capacity building in the fisheries sector in order to improve skills development and training capacities, so as to contribute to the sustainability of fishing activities in Gabon and the development of the blue economy. 6. This Protocol shall contribute to the development of trade relations between the Parties and take account of developments relating to the Economic Partnership Agreement. To achieve this, the Parties shall regularly discuss ways of facilitating access to the European market for fishery products originating from Gabon.

PART II

RIGHTS AND OBLIGATIONS

Article 8 Authorised access for Union vessels 1. Access to the Gabonese fishing zone shall be possible for Union vessels up to the following limits: (a) 27 tuna seiners; (b) 6 pole-and-line tuna vessels; (c) 4 trawlers mainly targeting bottom-dwelling crustaceans, in the context of exploratory fishing and in line with the conditions laid down in the Annex. In addition, support vessels for tuna seiners may enter the Gabonese fishing zone under the conditions set out in point 3 of Chapter I of the Annex. 2. This Article shall apply subject to Articles 17 and 18. The procedure for obtaining a fishing licence for a vessel, the fees applicable and the terms of payment to be used by the vessel owner shall be as set out in the Annex.

Article 9 Compliance with Gabonese legislation 1. With a view to ensuring a regulatory framework for sustainable fishing, Union vessels operating in the Gabonese fishing zone shall comply with Gabonese legislation, unless otherwise provided for in the Agreement or this Protocol. The Gabonese authorities shall notify the Union authorities of the applicable laws and regulations no later than one month prior to the application of this Protocol. 2. The Union undertakes to take all necessary measures to ensure that Union vessels comply with the Agreement and with the laws and regulations notified by Gabon in accordance with paragraph 1, and that the monitoring, control and surveillance measures relating to fishing activities under this Protocol are effectively applied. 3. Union vessels must cooperate with the Gabonese authorities responsible for monitoring, control and surveillance. 4. The Parties shall notify each other of any changes in their respective fisheries policy or legislation having a potential impact on the activities of Union vessels under this Protocol. 5. Any change in legislation affecting the activities of Union vessels in the Gabonese fishing zone shall be enforceable in respect of Union vessels, as from the 60th day following receipt by the Union authorities of the notification from the Gabonese authorities.

Article 10 Non-discrimination and transparency 1. Under Article 3(1) of the Agreement, the Union fleet shall benefit from technical fishing conditions no less favourable than those applied to other fleets having the same characteristics and fishing for the same species. The Gabonese authorities undertake to ensure that access to the Gabonese fishing zone is commensurate with the activity of the Union fleet and that the Union fleet obtains an appropriate share of the fishery resources. 2. The Parties undertake to exchange and publish information on any agreement allowing foreign vessels to enter the Gabonese fishing zone and on the resulting fishing effort, in particular the number of authorisations issued and the catches made. 3. The Union undertakes to make available to Gabon, on a quarterly basis, aggregated data on the quantities and places of landings of catches made in the Gabonese fishing zone and, as far as possible, the relevant data from observer reports.

Article 11 Data processing and confidentiality 1. The Parties undertake to ensure that personal or commercially sensitive data relating to Union vessels and their fishing activities under this Protocol, or commercially sensitive information relating to communication systems used by the Union, are processed in accordance with principles of confidentiality and data protection, including those established by this Article. 2. The Parties shall ensure that only aggregated data on fishing activities in Gabonese waters, in particular catch and effort data, are made available to the public, in accordance with the relevant provisions of the ICCAT and of other RFMOs. 3. The data and information referred to in paragraph 1 shall be used by the competent authorities exclusively for the purpose of implementing the Agreement. The Parties may, however, use satellite-based vessel monitoring system (VMS) data in emergency situations, for search and rescue, or for maritime safety purposes. 4. Personal data relating to Union fishing vessels shall not be made public. Personal data shall be processed in an appropriate manner to ensure their protection, including against unauthorised or unlawful processing. 5. Personal data shall not be kept beyond the time necessary for the purpose for which they were exchanged. With regard to personal data transmitted by the Union, appropriate safeguards and legal remedies may be established by the Joint Committee in accordance with the relevant Union legislation on the protection of personal data.

Article 12 Exclusivity 1. Pursuant to Article 6 of the Agreement, Union fishing vessels shall engage in fishing activities in the Gabonese fishing zone only if they have a fishing licence issued under this Protocol. 2. The Gabonese authorities shall issue fishing licences to Union vessels exclusively under this Agreement. The issuing of any fishing licence to Union vessels outside the framework of this Protocol, in particular in the form of direct licences, shall be prohibited.

Article 13 Financial contribution 1. For the period referred to in Article 2 of this Protocol, the financial contribution referred to in Article 7 of the Agreement shall be EUR 13 000 000. 2. The Union’s financial contribution shall comprise the following elements: (a) compensation for access to the waters and fishery resources of the Gabonese fishing zone, calculated on the basis of an annual reference tonnage of 32 000 tonnes, the annual amount of which shall be EUR 1 600 000; (b) support for the implementation of Gabon’s sectoral fisheries policy, the annual amount of which shall be EUR 1 000 000. In addition, the overall contribution paid by vessel owners is estimated to be at least equivalent to the Union’s contribution. 3. Paragraph 2 of this Article shall apply subject to Articles 15, 17, 18, 22 and 23. 4. If the catches of Union vessels in any year exceed the annual reference tonnage, the compensation provided for in paragraph 2, point (a), shall be supplemented by the tonnage of catches of the year concerned over and above the reference tonnage multiplied by an amount of EUR 50 per tonne.

Article 14 Payments 1. The Union shall pay the compensation fixed in Article 13(2)(a) no later than 60 days after the start of the provisional application of this Protocol for the first year, and no later than the anniversary date of the provisional application of this Protocol for the following years. 2. The Union shall endeavour to settle, within three months following the validation of catches carried out in accordance with Chapter V of the Annex, the amounts due for catches exceeding the reference tonnage in accordance with Article 13(4). If the quantities of catches made by Union vessels are more than twice the total reference tonnage, the amount due in respect of the quantity exceeding that limit shall be paid the following year. 3. Each element of the financial contribution referred to in Article 13 shall be paid into an account of the Gabonese Public Treasury. The financial contribution referred to in Article 13(2)(b) shall be allocated to the Gabonese authorities responsible for implementing Gabon’s sectoral fisheries policy. The Gabonese authorities shall communicate the bank details of the account(s) to the Union authorities every year.

PART III

SUPPORT FOR RESPONSIBLE FISHING

Article 15 Sectoral support 1. The financial contribution referred to in Article 13(2)(b) shall contribute to sustainable fisheries development in Gabon. It shall contribute to the implementation of national strategies and policies for the sustainable development of the fisheries and aquaculture sector, in line with the Strategic Plan for an Emerging Gabon 2025 (Plan stratégique Gabon émergent 2025 - PSGE 2025) and the Union’s development and partnership policy, in particular the multiannual indicative programme for Gabon. 2. Part of the financial contribution referred to in Article 13(2)(b), for an indicative annual amount of EUR 100 000, shall be dedicated specifically to the observation and management of the marine environment, to measures to protect fragile ecosystems contributing to healthy stocks and to the management of marine protected areas. 3. No later than three months after the start of the provisional application of this Protocol, the Joint Committee provided for in Article 9 of the Agreement shall adopt a multiannual sectoral programme and rules for implementing it. 4. The multiannual sectoral programme shall identify the expected contribution of these actions to good ocean governance and the promotion of responsible and sustainable fisheries, in line with Gabon’s fisheries development and management plans. It shall define the objectives to be achieved and the actions envisaged, particularly in the following areas: (a) fisheries support and management measures, including for small-scale fisheries; (b) fisheries monitoring, control and surveillance; (c) the fight against illegal, unreported and unregulated (IUU) fishing; (d) the development and strengthening of scientific capacities in the field of fisheries and aquaculture; (e) the implementation of the actions referred to in paragraph 2. 5. The multiannual sectoral programme shall set out the planned breakdown, for the duration of this Protocol and for each year, of the measures and amounts allocated from the financial contribution referred to in Article 13(2)(b) to the Protocol, in the form of a multiannual programming table and an annual programming table. 6. The Parties undertake to promote the visibility of Union support and shall provide for specific measures in the multiannual sectoral programme to publicise the Union contribution to the actions implemented. 7. The implementing arrangements for the multiannual sectoral programme shall set out: (a) the eligibility criteria for expenditure relating to the actions envisaged; (b) the indicators for the annual monitoring and evaluation of the results achieved in relation to the objectives pursued; (c) the sources of verification of the information provided. 8. An annual implementation report shall be submitted to the Joint Committee one month before its annual meeting, in order to assess the level of attainment of the objectives and the rate of implementation achieved. The Joint Committee shall verify that the measures taken are consistent with the programming and the general objectives and may make recommendations for further implementation of the multiannual sectoral programme. 9. The financial contribution referred to in Article 13(2)(b) shall be paid in instalments. For the first year of application of this Protocol, the payment shall be made after the adoption of the programme by the Joint Committee, in accordance with paragraph 3 of this Article. For the following instalments, the payments shall be made: (a) subject to a rate of implementation of the programme actions planned for the previous tranche of 75 % or greater; any uncommitted amounts of a tranche shall be allocated to the following tranche; the total shall be taken into account for the subsequent execution of that tranche; and (b) after the report referred to in paragraph 8 of this Article has been submitted and validated by the Joint Committee. 10. At the end of the multiannual sectoral programme, Gabon shall prepare a final report on the activities carried out and the results obtained. This report shall also indicate any unused surplus amounts of sectoral support and identify the sectors of action in the field of fisheries management for which Gabon undertakes to use any funds available, including after the expiry of this Protocol. 11. Any amendment to the multiannual sectoral programme, or to one of the annual programmes forming part of it, must be approved by the Joint Committee. The amendments may be approved in the form of an exchange of letters. 12. The Union may revise or suspend all or part of the payments of the financial contribution referred to in Article 13(2)(b): (a) if the Joint Committee finds that the results obtained do not correspond to the objectives set by the programming; (b) if all or part of the resources from the financial contribution are used for purposes other than those set out in the programming. 13. The payments shall resume after consultation between the Parties and validation by the Joint Committee. However, this contribution may not be paid later than six months after the date this Protocol expires. 14. The Parties shall continue to monitor the sectoral support until the financial contribution referred to in Article 13(2)(b) has been used up, if necessary after the date this Protocol expires.

Article 16 Scientific cooperation to ensure responsible fishing 1. The Parties shall promote sustainable management of fishery resources and marine ecosystems, and responsible fishing in Gabonese waters. 2. The Parties undertake to cooperate to monitor the state of fishery resources in Gabonese waters, including through the organisation of stock assessment surveys, and to contribute to fisheries management. 3. The Parties shall promote scientific cooperation within the ICCAT and shall take account of the scientific advice of other relevant regional organisations. The Parties shall consult each other prior to the annual meetings held by those organisations. 4. Where appropriate, the Parties shall, pursuant to Article 4(2) of the Agreement, organise a scientific meeting to examine any scientific matter relating to the implementation of this Protocol and to draw up a scientific opinion, in accordance with the terms of reference established by the Joint Committee and in line with the needs identified.

Article 17 Scientific opinion, revision of access opportunities and conditions for fishing 1. In accordance with the relevant scientific opinions, particularly that delivered by the scientific meeting provided for in Article 16(4), the Joint Committee may: (a) adopt specific measures affecting the activities of Union vessels; (b) reassess the access opportunities set out in Article 8 and revise them by means of a duly reasoned decision. 2. The specific measures and the revision of opportunities referred to in paragraph 1, point (b), must contribute to the sustainable management of fishery resources, in line with the best available scientific advice and recommendations and resolutions adopted within the ICCAT or other relevant regional organisations.

Article 18 Exploratory fishing and new fishing opportunities 1. The Parties shall encourage exploratory fishing in the Gabonese fishing zone, in particular as regards under-exploited species. At the request of one of the two Parties, the Joint Committee shall determine on a case-by-case basis, in a technical file, the species concerned and the appropriate conditions. The Joint Committee shall use the best available scientific advice and, where applicable, the scientific opinion obtained pursuant to Article 16(4). 2. Authorisations for exploratory fishing are to be granted for a maximum period of six months. Vessels engaged in exploratory fishing shall comply with the technical files drawn up by the Joint Committee on the basis of scientific advice, which shall also specify the arrangements for landing and how the catches are to be used. An observer appointed by the Gabonese authorities and, where appropriate, a scientific observer from the flag State shall be present on board throughout the duration of the exploratory trip. The observation data collected shall be transmitted for analysis and scientific advice in accordance with Article 16. 3. Following the scientific meeting, an opinion on the results of the exploratory surveys shall be submitted to the Joint Committee, which shall decide whether it is appropriate to introduce fishing opportunities for new species for the time remaining until the Protocol expires.

PART IV

PROVISIONS GOVERNING THE INSTITUTIONS

Article 19 Functioning and prerogatives of the Joint Committee 1. The Joint Committee set up by Article 9 of the Agreement shall exercise its functions in accordance with the objectives of the Agreement. 2. The first meeting of the Joint Committee shall be held no later than three months after the date of the start of the provisional application of this Protocol. 3. An extraordinary meeting of the Joint Committee shall be held at the request of either Party within one month of the request. 4. The Joint Committee may deliberate and take decisions by exchange of letters. 5. The Joint Committee may adopt amendments to this Protocol concerning: (a) the fishing opportunities under Article 8 and Article 18(3) and, consequently, the financial contribution referred to in Article 13(2)(a); (b) the detailed rules for implementing the sectoral support referred to in Article 15 of this Protocol; (c) the technical conditions and arrangements under which Union vessels may carry out their fishing activities. 6. Such amendments to this Protocol shall be recorded in minutes signed by the Parties which shall specify the date on which such amendments become enforceable.

Article 20 Electronic exchange of information 1. The Parties undertake to set up as soon as possible the computer systems necessary for the electronic exchange of all information and documents relating to the implementation of this Protocol. 2. The arrangements for the implementation and use of these systems to exchange catch data, catch declarations on entry and exit (via the Electronic Recording and Reporting System (ERS)), vessel positions (via the VMS), and to obtain licences are set out in the Annex and the Appendices thereto. 3. The electronic form of a document shall be considered equivalent to the paper version in every respect. In case of divergence between the two, the Parties shall consult each other with a view to identifying the authentic version. 4. The Parties shall inform each other without delay of any computer malfunction. The information and documents relating to the implementation of this Protocol shall then be exchanged in accordance with alternative arrangements agreed between the Parties.

PART V

FINAL PROVISIONS

Article 21 Dispute resolution Any dispute concerning the application and interpretation of the Agreement and this Protocol shall be settled amicably by the Parties within the Joint Committee.

Article 22 Suspension 1. The implementation of this Protocol may be suspended at the initiative of one of the Parties if one or more of the following conditions is met: (a) one of the Parties finds that there has been a breach of the instruments and principles set out in Article 5 of this Protocol; (b) unusual circumstances, as defined in Article 2(h) of the Agreement, preventing the exercise of fishing activities in the Gabonese fishing zone; (c) significant changes in the policy guidelines of one or other of the Parties affecting this Protocol; (d) failure by either Party to comply with this Protocol; (e) non-payment, by the Union, of the compensation provided for in Article 13(2)(a) of this Protocol, for reasons other than those provided for in Article 15 or 17 of this Protocol; (f) a serious and unresolved dispute between the Parties regarding the interpretation of this Protocol. 2. In such cases, the Parties shall consult each other with a view to reaching an amicable settlement. If no such settlement is reached, the suspension of the application of this Protocol shall be notified to the other Party in writing and shall take effect after a period of one month from the date of notification. 3. As soon as the suspension takes effect, Union vessels shall leave the Gabonese fishing zone within 24 hours. 4. The amount of the compensation provided for in Article 13(2)(a) shall be reduced in proportion to the period during which the application of this Protocol was suspended. 5. After the suspension has taken effect, the Parties shall continue to consult with a view to finding an amicable settlement to their dispute. If such a settlement is reached, the application of this Protocol shall resume and any compensation shall be examined by the Joint Committee.

Article 23 Termination 1. This Protocol may be terminated at the initiative of either of the Parties under the conditions set out in Article 13(1) of the Agreement. The Party concerned shall notify the other Party in writing of its intention to terminate this Protocol. The other Party shall acknowledge receipt in writing without delay. 2. The notification referred to in paragraph 1 shall open consultations between the Parties. If the consultations are not successful within two months following the date of acknowledgement of receipt, the termination shall take effect.

Article 24 Provisional application This Protocol shall apply on a provisional basis from the date of signature by the Parties.

Article 25 Continuation of the partnership The Parties shall consult each other at least six months before the expiry of this Protocol with a view to its possible renewal.

Article 26 Entry into force This Protocol shall enter into force on the date on which the Parties notify each other of the completion of the procedures necessary for that purpose.

Article 27 Authentic texts This Protocol shall be drawn up in duplicate in the Bulgarian, Croatian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish and Swedish languages, each text being equally authentic, but in the case of divergence between the authentic linguistic versions, the French text shall prevail.