COUNCIL REGULATION (EEC) No 3620/87

of 30 November 1987

concerning the conclusion of the Agreement between the European Economic Community and the Government of the People's Republic of Angola on fishing off Angola

THE COUNCIL OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community, and in particular Article 43 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament (1),

Whereas on 30 April 1987 the Community and Angola negotiated and initialled an Agreement on fishing off Angola which guarantees fishing opportunities for Community fishermen in waters over which Angola has sovereignty or jurisdiction;

Whereas it is in the Community's interest to approve this Agreement,

HAS ADOPTED THIS REGULATION:

Article 1

The Agreement betwen the European Economic Community and the Government of the People's Republic of Angola on fishing off Angola is hereby approved on behalf of the Community.

The text of the Agreement is attached to this Regulation.

Article 2

The President of the Council is hereby authorized to designate the persons empowered to sign the Agreement in order to bind the Community (2).

Article 3

This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

(1) OJ No C 305, 16. 11. 1987.

(2) The date of entry into force of the Agreement will be published in the Official Journal of the European Communities by the General Secretariat of the Council.

AGREEMENT

between the European Economic Community and the Government of the People's Republic of Angola on fishing off Angola

THE EUROPEAN ECONOMIC COMMUNITY,

hereinafter referred to as ‘the Community’, and

THE GOVERNMENT OF THE PEOPLE'S REPUBLIC OF ANGOLA,

hereinafter referred to as ‘Angola’,

CONSIDERING the good cooperation relations which exist between the Community and Angola and the spirit of cooperation resulting from the Lomé Convention;

CONSIDERING the determination of Angola to promote the rational exploitation of its fishery resources;

CONSIDERING THAT, in particular in respect of sea fishing, Angola exercises its sovereignty or jurisdiction over a zone extending up to 200 nautical miles from its coast;

TAKING INTO ACCOUNT the signature by both Parties of the United Nations Convention on the Law of the Sea;

AFFIRMING that the exercise by coastal States of their sovereign rights in the waters within their jurisdiction for the purpose of exploring, exploiting, conserving and managing the living resources thereof must be in accordance with the principles of international law;

DESIROUS of establishing their relations in a spirit of mutual trust and reciprocal advantage,

HAVE AGREED AS FOLLOWS:

Article 1

The purpose of this Agreement is to establish the principles and rules intended in future to govern all aspects of relations in the sphere of fisheries between the Community and Angola, including the fishing activities of vessels flying the flags of Member States of the Community, hereinafter referred to as ‘Community vessels’, in the waters over which Angola has sovereignty or jurisdiction in respect of fisheries, hereinafter referred to as ‘Angola's fishing zone’, in accordance with the provisions of the United Nations Convention on the Law of the Sea and other rules of international law.

Article 2

1. In accordance with the conditions laid down in this Agreement, Angola shall permit fishing by Community vessels in Angola's fishing zone.

2. The fishing activities subject to this Agreement shall be carried out in conformity with Angola's laws and regulations concerning fisheries.

Article 3

1. The Community undertakes to take all appropriate steps to ensure that its vessels observe the provisions of this Agreement and Angola's laws and regulations relating to fishing in Angola's fishing zone consistent with the provisions of the United Nations Convention on the Law of the Sea and other rules of international law.

2. Angola shall notify the Community of any changes it proposes to make to the said laws and regulations.

3. The measures taken by Angolan authorities to regulate fisheries for the purpose of conservation shall be based on objective and scientific criteria and shall apply equally to Community and other third country vessels within prejudice to special agreements concluded between developing States within the same geographical area, in particular reciprocal fishing agreements.

Article 4

1. With the exception of tuna vessels, for which the procedure is defined in the Annex, fishing activities by Community vessels in Angola's fishing zone shall be subject to possession of a fishing licence issued at the Community's request by the authorities of Angola, following inspection of the vessels by the competent Angolan authorities.

2. The issue of a licence shall be subject to payment of the licence fees by the shipowner concerned.

3. The procedure for applying for licences, the amount of the fee and the methods of payment shall be as defined in the Annex.

Article 5

The Parties undertake to consult each other, either directly or within international organizations, in order to ensure the management and conservation of the living resources in the Atlantic Ocean. The Parties shall make every effort to establish collaboration between fisheries research institutes in Angola and in the Member States of the Community in respect of research programmes and the exchange of information.

Article 6

The vessels authorized to fish in Angola's fishing zone in the framework of this Agreement shall communicate to the competent authorities in Angola statements of catch in accordance with the procedure laid down in the Annex.

Article 7

In return for the fishing opportunities granted under Article 2, the Community shall pay financial compensation to Angola, in accordance with the conditions and arrangements stipulated in the Protocol annexed to this Agreement, without prejudice to the financing received by Angola under the Lomé Convention.

Article 8

The Parties agree to enter into consultations in the event of a dispute concerning the interpretation or application of this Agreement.

Article 9

A joint committee shall be set up to ensure that this Agreement is correctly applied.

The said committee shall meet yearly or at the request of either Contracting Party, alternately in Angola and in the Community.

Article 10

Should the authorities of Angola decide, as a result of developments in the state of stocks, to take conservation measures which affect the activities of Community vessels, consultations shall be held between the Parties in order to adapt the Annex and the Protocol to this Agreement, account being taken of the financial compensation already paid by the Community.

Article 11

Nothing in this Agreement shall affect or prejudice in any manner the view of either Party with respect to any matter relating to the Law of the Sea.

Article 12

This Agreement shall apply, on the one hand, to the territory of the People's Republic of Angola and, on the other hand, to the territories in which the Treaty establishing the European Economic Community is applied and under the conditions laid down in that Treaty,

Article 13

The Annex and the Protocol shall form an integral part of this Agreement and a reference to this Agreement shall also constitute a reference to the Annex and Protocol.

Article 14

This Agreement shall be concluded for an initial period of three years from the date of its entry into force. Unless one of the Parties ends it by giving notice to that effect six months before the date of expiry of the three-year period, it shall remain in force for further periods of two years unless denounced by notice given at least three months before the date of expiry of each such two-year period.

At the end of the three-year period, and thereafter at the end of each two-year period, the Contracting Parties shall enter into negotiations to determine by common agreement what amendments or additions to the Annex or Protocol are required. The Contracting Parties shall also enter into negotiations when one of them gives notice denouncing the Agreement.

Article 15

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