COUNCIL REGULATION (EEC) No 1295/91 of 14 May 1991 on the conclusion of the Protocol establishing, for the period from 1 June 1990 to 31 May 1993, the fishing rights and financial compensation provided for in the Agreement between the European Economic Community and the Government of the Democratic Republic of Sao Tomé e Principe on fishing off Sao Tomé e Principe

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 Act of Accession of Spain and Portugal, and in particular Article 155 (2) (b) thereof,

Having regard to the proposal from the Commission,

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

Whereas, in accordance with the Agreement between the European Economic Community and the Government of the Democratic Republic of Sao Tomé e Principe on fishing off Sao Tomé e Principe (1), which entered into force on 18 April 1985, the two Parties negotiated to determine the amendments or additions to be introduced into the said Agreement at the end of the period of application of the Protcol;

Whereas, as a result of these negotiations, a new Protocol establishing, for the period from 1 June 1990 to 31 May 1993, the fishing rights and financial compensation provided for in the aforementioned Agreement was initialled on 4 May 1990;

Whereas, pursuant to Article 155 (2) (b) of the Act of Accession of Spain and Portugal, it is for the Council to determine the procedures appropriate to take into consideration all or part of the interests of the Canary Islands when it adopts decisions, case by case, particularly with a view to the conclusion of fisheries agreements with third countries; whereas the case in point calls for the said procedures to be determined;

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

HAS ADOPTED THIS REGULATION: Article 1

The Protocol establishing, for the period from 1 June 1990 to 31 May 1993, the fishing rights and financial compensation provided for in the Agreement between the European Economic Community and the Government of the Democratic Republic of Sao Tomé e Principe on fishing off Sao Tomé e Principe is hereby approved on behalf of the Community.

The text of the Protocol is attached to this Regulation. Article 2

With a view to taking into consideration the interests of the Canary Islands, the Protocol referred to in Article 1 and, in so far as is necessary for its application, the provisions of the common fisheries policy relating to the conservation and management of fishery resources, shall also apply to vessels sailing under the flag of Spain which are recorded on a permanent basis in the registers of the relevant authorities at local level (registros de base) in the Canary Islands, under the conditions specified in Note 6 to Annex I to Council Regulation (EEC) No 1135/88 of 7 March 1988 concerning the definition of the concept of 'originating products' and methods of administrative cooperation in the trade between the customs territory of the Community, Ceuta and Melilla and the Canary Islands (3). Article 3

The President of the Council is hereby authorized to designate the persons empowered to sign the Agreement in order to bind the Community. Article 4

This Regulation shall enter into force on the third day following 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.

Done at Brussels, 14 May 1991. For the Council

The President

J. F. POOS (1) Opinion delivered on 19 April 1991 (not yet published in the Official Journal). (2) OJ No L 54, 25. 2. 1984, p. 1. (3) OJ No L 114, 2. 5. 1988, p. 1.

COUNCIL REGULATION (EEC) No 1295/91 of 14 May 1991 on the conclusion of the Protocol establishing, for the period from 1 June 1990 to 31 May 1993, the fishing rights and financial compensation provided for in the Agreement between the European Economic Community and the Government of the Democratic Republic of Sao Tomé e Principe on fishing off Sao Tomé e Principe

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 Act of Accession of Spain and Portugal, and in particular Article 155 (2) (b) thereof,

Having regard to the proposal from the Commission,

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

Whereas, in accordance with the Agreement between the European Economic Community and the Government of the Democratic Republic of Sao Tomé e Principe on fishing off Sao Tomé e Principe (1), which entered into force on 18 April 1985, the two Parties negotiated to determine the amendments or additions to be introduced into the said Agreement at the end of the period of application of the Protcol;

Whereas, as a result of these negotiations, a new Protocol establishing, for the period from 1 June 1990 to 31 May 1993, the fishing rights and financial compensation provided for in the aforementioned Agreement was initialled on 4 May 1990;

Whereas, pursuant to Article 155 (2) (b) of the Act of Accession of Spain and Portugal, it is for the Council to determine the procedures appropriate to take into consideration all or part of the interests of the Canary Islands when it adopts decisions, case by case, particularly with a view to the conclusion of fisheries agreements with third countries; whereas the case in point calls for the said procedures to be determined;

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

HAS ADOPTED THIS REGULATION: Article 1

The Protocol establishing, for the period from 1 June 1990 to 31 May 1993, the fishing rights and financial compensation provided for in the Agreement between the European Economic Community and the Government of the Democratic Republic of Sao Tomé e Principe on fishing off Sao Tomé e Principe is hereby approved on behalf of the Community.

The text of the Protocol is attached to this Regulation. Article 2

With a view to taking into consideration the interests of the Canary Islands, the Protocol referred to in Article 1 and, in so far as is necessary for its application, the provisions of the common fisheries policy relating to the conservation and management of fishery resources, shall also apply to vessels sailing under the flag of Spain which are recorded on a permanent basis in the registers of the relevant authorities at local level (registros de base) in the Canary Islands, under the conditions specified in Note 6 to Annex I to Council Regulation (EEC) No 1135/88 of 7 March 1988 concerning the definition of the concept of 'originating products' and methods of administrative cooperation in the trade between the customs territory of the Community, Ceuta and Melilla and the Canary Islands (3). Article 3

The President of the Council is hereby authorized to designate the persons empowered to sign the Agreement in order to bind the Community. Article 4

This Regulation shall enter into force on the third day following 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.

Done at Brussels, 14 May 1991. For the Council

The President

J. F. POOS (1) Opinion delivered on 19 April 1991 (not yet published in the Official Journal). (2) OJ No L 54, 25. 2. 1984, p. 1. (3) OJ No L 114, 2. 5. 1988, p. 1.

ANNEX

Conditions for the exercise of fishing activities by Community vessels in Sao Tomé e Príncipe's fishing zone

1. The procedure for applications for and issue of the licences referred to in Article 4 of the Agreement shall be as follows:

The relevant Community authorities shall present to the Ministry for Agriculture and Fisheries of Sao Tomé e Príncipe, via the Commission Delegation responsible for Sao Tomé e Príncipe, an application for each vessel that wishes to fish under the Agreement, at least 20 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 Democratic Republic of Sao Tomé e Príncipe, a specimen of which is attached hereto (Appendix 1).

Licences shall be issued by the Sao Tomé e Príncipe authorities within 20 days following submission of the application to the shipowners or their representatives via the Delegation of the Commission of the European Communities responsible for Sao Tomé e Príncipe.

Licences shall be issued for a specific vessel and shall not be transferable. However, where force majeure is proven and at the request of the Commission of the European Communites, a vessel's licence shall be replaced by a new licence for another vessel whose features are similar to those of the first vessel. The owner of the first vessel shall return the cancelled licence to the Ministry of Agriculture and Fisheries of Sao Tomé e Príncipe via the Delegation of the Commission of the European Communities responsible for Sao Tomé e Príncipe.

The new licence shall indicate:

- the date of issue;

- the fact that this licence replaces that of the first vessel, for the period of validity remaining.

In this case, no new lump sum as laid down in paragraph 5 below shall be due.

The licence must be held on board at all times.

2. Licences shall be valid for one year and shall be renewable.

3. The fees provided for in Article 4 of the Agreement shall be set at ECU 20 per tonne caught in Sao Tomé e Príncipe's fishing zone.

4. The competent authorities of Sao Tomé e Príncipe shall indicate the detailed rules for payment of the fees, in particular the bank accounts and currencies to be used.

5. Licences shall be issued following payment to the National Bank of Sao Tomé e Príncipe of a lump sum of ECU 1 500 for each freezer tuna seiner per year and ECU 200 for each pole-and-line tuna vessel per year, equivalent to the fees for:

- 75 tonnes of tuna caught per freezer tuna seiner per year,

- 10 tonnes of tuna caught per pole-and-line tuna vessel per year;

6. The final statement of the fees due for the fishing period 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 for each vessel and confirmed by the competent scientific institutes, namely the French Institut de la recherche scientifique et technique d'outre-mer (Orstom) and the Instituto Español de Oceanografía (IEO).

The statement shall be forwarded simultaneously to the competent authorities of Sao Tomé e Príncipe and to the shipowners. Any additional payment due shall be made by the shipowners to the National Bank of Sao Tomé e Príncipe no later than 30 days after notification of the final statement. However, if the amount of the final statement is lower than the advance referred to in paragraph 5 above, the resulting balance shall not be reimbursable to the shipowner.

7. Community vessels shall keep a fishing log, in accordance with the model in Appendix 2, for each fishing period spent in Sao Tomé e Príncipe's fishing zone. The form shall be sent to the Ministry of Agriculture and Fisheries, via the Delegation of the Commission of the European Communities responsible for Sao Tomé e Príncipe, within 45 days of the end of the fishing trip spent in the Sao Tomé e Príncipe fishing zone.

Forms must be completed legibly and signed by the master of the vessel.

8. Every time they enter or leave Sao Tomé e Príncipe's fishing zone, Community vessels shall communicate the volume of catch held on board at that time to the radio station on Sao Tomé e Príncipe. The call sign shall be communicated to shipowners when the licence is issued.

A vessel caught fishing without having notified the radio of Sao Tomé e Príncipe shall be considered an unlicensed vessel.

In cases where this radio communication cannot be used, vessels may use alternative means such as telex or telegram.

6. Vessels shall allow on board observers at the request of the authorities of Sao Tomé e Príncipe. Observers should not remain on board any longer than the time needed to carry out spot checks on the catch. The master of the vessel shall take all necessary steps to facilitate the task of the observers on board.

10. The international standards on tuna fishing as recommended by Iccat shall apply.

11. The Delegation of the Commission of the European Communities responsible for Sao Tomé e Príncipe shall be notified within 48 hours of any boarding within Sao Tomé e Príncipe's fishing zone of a fishing vessel flying the flag of a Member State of the Community and operating under this Agreement.

A brief report of the circumstances and reasons leading to the boarding must be submitted within 72 hours. Appendix 1 DEMOCRATIC REPUBLIC OF SAO TOMÉ E PRINCIPE

MINISTRY OF AGRICULTURE AND FISHERIES

FISHING LICENCE APPLICATION No . . . .

Name of applicant:

Address of applicant:

Name and address of shipowner:

Name and address of any representative in Sao Tomé e Príncipe:

Name of vessel:

Type of vessel:

Country of registration:

Port and registration number:

External identification of vessel:

Radio call sign and frequency:

Length of vessel:

Width of vessel:

Engine type and rating:

Hold capacity:

Minimum crew:

Type of fishing:

Species to be fished:

Period of validity sought:

'I hereby certify that this information is correct and that I know and agree with and undertake to observe and enforce the laws of the Democratic Republic of Sao Tomé e Príncipe concerning fishing and the sea, and all applicable international legislation.'

Date: The Applicant

Fishing Modalities

Longline

Bait boat

Purse seiner

Trolling

Others

Appendix 2

TUNA BOATS FISHING LOG BOOK

Vessel name: Gross tonnes: Month Day Year Port Flag country: Capacity (TM): Boat left: Registration No: Captain: Boat returned: Company of owner:

Address: No of crew:

Reporting date:

Reported by: No of days

at sea: No of fish-

ing days:

No of sets made: Trip

number: Dates Area Catches Bait used Lati- tude N/S Longi- tude E/W Bluefin tuna Thunnus maccoyi Yellowfin tuna Thunnus albacares Bigeye tuna Thunnus obesus Albacore Thunnus alalunga Swordfish Xiphias gladius White marlin Tetraptunus audax Black marlin Makaira indica Sailfish Istiophorus spp. Skipjack Katsuwonus pelamis Miscell- aneous fishes Daily total (kg) No kg No kg No kg No kg No kg No kg No kg No kg No kg No kg No kg Landing weight (in kg)

Day/month

Set No

Surface water To (°C)

Effort (No of

hooks used)

Saury

Squid

Live bait

Others

ANNEX

Conditions for the exercise of fishing activities by Community vessels in Sao Tomé e Príncipe's fishing zone

1. The procedure for applications for and issue of the licences referred to in Article 4 of the Agreement shall be as follows:

The relevant Community authorities shall present to the Ministry for Agriculture and Fisheries of Sao Tomé e Príncipe, via the Commission Delegation responsible for Sao Tomé e Príncipe, an application for each vessel that wishes to fish under the Agreement, at least 20 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 Democratic Republic of Sao Tomé e Príncipe, a specimen of which is attached hereto (Appendix 1).

Licences shall be issued by the Sao Tomé e Príncipe authorities within 20 days following submission of the application to the shipowners or their representatives via the Delegation of the Commission of the European Communities responsible for Sao Tomé e Príncipe.

Licences shall be issued for a specific vessel and shall not be transferable. However, where force majeure is proven and at the request of the Commission of the European Communites, a vessel's licence shall be replaced by a new licence for another vessel whose features are similar to those of the first vessel. The owner of the first vessel shall return the cancelled licence to the Ministry of Agriculture and Fisheries of Sao Tomé e Príncipe via the Delegation of the Commission of the European Communities responsible for Sao Tomé e Príncipe.

The new licence shall indicate:

- the date of issue;

- the fact that this licence replaces that of the first vessel, for the period of validity remaining.

In this case, no new lump sum as laid down in paragraph 5 below shall be due.

The licence must be held on board at all times.

2. Licences shall be valid for one year and shall be renewable.

3. The fees provided for in Article 4 of the Agreement shall be set at ECU 20 per tonne caught in Sao Tomé e Príncipe's fishing zone.

4. The competent authorities of Sao Tomé e Príncipe shall indicate the detailed rules for payment of the fees, in particular the bank accounts and currencies to be used.

5. Licences shall be issued following payment to the National Bank of Sao Tomé e Príncipe of a lump sum of ECU 1 500 for each freezer tuna seiner per year and ECU 200 for each pole-and-line tuna vessel per year, equivalent to the fees for:

- 75 tonnes of tuna caught per freezer tuna seiner per year,

- 10 tonnes of tuna caught per pole-and-line tuna vessel per year;

6. The final statement of the fees due for the fishing period 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 for each vessel and confirmed by the competent scientific institutes, namely the French Institut de la recherche scientifique et technique d'outre-mer (Orstom) and the Instituto Español de Oceanografía (IEO).

The statement shall be forwarded simultaneously to the competent authorities of Sao Tomé e Príncipe and to the shipowners. Any additional payment due shall be made by the shipowners to the National Bank of Sao Tomé e Príncipe no later than 30 days after notification of the final statement. However, if the amount of the final statement is lower than the advance referred to in paragraph 5 above, the resulting balance shall not be reimbursable to the shipowner.

7. Community vessels shall keep a fishing log, in accordance with the model in Appendix 2, for each fishing period spent in Sao Tomé e Príncipe's fishing zone. The form shall be sent to the Ministry of Agriculture and Fisheries, via the Delegation of the Commission of the European Communities responsible for Sao Tomé e Príncipe, within 45 days of the end of the fishing trip spent in the Sao Tomé e Príncipe fishing zone.

Forms must be completed legibly and signed by the master of the vessel.

8. Every time they enter or leave Sao Tomé e Príncipe's fishing zone, Community vessels shall communicate the volume of catch held on board at that time to the radio station on Sao Tomé e Príncipe. The call sign shall be communicated to shipowners when the licence is issued.

A vessel caught fishing without having notified the radio of Sao Tomé e Príncipe shall be considered an unlicensed vessel.

In cases where this radio communication cannot be used, vessels may use alternative means such as telex or telegram.

6. Vessels shall allow on board observers at the request of the authorities of Sao Tomé e Príncipe. Observers should not remain on board any longer than the time needed to carry out spot checks on the catch. The master of the vessel shall take all necessary steps to facilitate the task of the observers on board.

10. The international standards on tuna fishing as recommended by Iccat shall apply.

11. The Delegation of the Commission of the European Communities responsible for Sao Tomé e Príncipe shall be notified within 48 hours of any boarding within Sao Tomé e Príncipe's fishing zone of a fishing vessel flying the flag of a Member State of the Community and operating under this Agreement.

A brief report of the circumstances and reasons leading to the boarding must be submitted within 72 hours. Appendix 1 DEMOCRATIC REPUBLIC OF SAO TOMÉ E PRINCIPE

MINISTRY OF AGRICULTURE AND FISHERIES

FISHING LICENCE APPLICATION No . . . .

Name of applicant:

Address of applicant:

Name and address of shipowner:

Name and address of any representative in Sao Tomé e Príncipe:

Name of vessel:

Type of vessel:

Country of registration:

Port and registration number:

External identification of vessel:

Radio call sign and frequency:

Length of vessel:

Width of vessel:

Engine type and rating:

Hold capacity:

Minimum crew:

Type of fishing:

Species to be fished:

Period of validity sought:

'I hereby certify that this information is correct and that I know and agree with and undertake to observe and enforce the laws of the Democratic Republic of Sao Tomé e Príncipe concerning fishing and the sea, and all applicable international legislation.'

Date: The Applicant

Fishing Modalities

Longline

Bait boat

Purse seiner

Trolling

Others

Appendix 2

TUNA BOATS FISHING LOG BOOK

Vessel name: Gross tonnes: Month Day Year Port Flag country: Capacity (TM): Boat left: Registration No: Captain: Boat returned: Company of owner:

Address: No of crew:

Reporting date:

Reported by: No of days

at sea: No of fish-

ing days:

No of sets made: Trip

number: Dates Area Catches Bait used Lati- tude N/S Longi- tude E/W Bluefin tuna Thunnus maccoyi Yellowfin tuna Thunnus albacares Bigeye tuna Thunnus obesus Albacore Thunnus alalunga Swordfish Xiphias gladius White marlin Tetraptunus audax Black marlin Makaira indica Sailfish Istiophorus spp. Skipjack Katsuwonus pelamis Miscell- aneous fishes Daily total (kg) No kg No kg No kg No kg No kg No kg No kg No kg No kg No kg No kg Landing weight (in kg)

Day/month

Set No

Surface water To (°C)

Effort (No of

hooks used)

Saury

Squid

Live bait

Others