Proposal for a COUNCIL REGULATION on the conclusion of the Protocol setting out, for the period from 3 August 2002 to 2 August 2004, the fishing opportunities and the financial contribution provided for by the Agreement between the European Economic Community and the Government of the Republic of Angola on fishing off Angola.

(presented by the Commission)

EXPLANATORY MEMORANDUM

The protocol annexed to the fisheries agreement between the EC and the Republic of Angola expired on 2.5.2002, but was prolonged until 2.8.2002 while the negotiations to renew the protocol were continuing. These negotiations resulted in the initialling of a new protocol in Luanda on 30 June 2002.

The new Protocol will be the ninth since the entry into force of the fisheries agreement between the EC and Angola in 1987. In terms of fishing opportunities for Community vessels it is the second most important agreement after Mauritania. It should also be noted that for tuna, the Agreement with Angola is an integral part of the network of agreements on tuna covering the Atlantic zone, which allows the Community fleet to follow straddling stocks.

The new protocol covers the period from 3 August 2002 to 2 August 2004. It grants fishing opportunities for 33 tuna vessels, 22 shrimp vessels and 4200 GRT per month of demersal trawlers, compared with opportunities for 43 tuna vessels, 22 shrimp vessels and 3750 GRT per month of demersal trawlers under the previous protocol. These levels were fixed on the basis of the conclusions of a group of Angolan and Community scientists, which met in Luanda to review the scientific information on the state of the resources at the same time as the third and final round of negotiations were being conducted.

The financial contribution has been increased to EUR 15.500.000 per year compared with EUR 13.975.000 per year in the previous protocol. The increase is justified by the increase in demersal opportunities and by the establishment of a partnership with Angola to encourage responsible and sustainable fisheries. Under this partnership, 36% of the financial contribution is earmarked to finance the development of scientific research, surveillance, artisanal fisheries and local fishing communities, training and aquaculture, and will ensure greater coherence between the fisheries and development policies at Community level.

In order to ensure that the level of fishing under the terms of the protocol remains consistent with the responsible management of the resources, a scientific meeting will be held once per year to monitor the state of the stocks. Based on the results of these meetings, the fishing opportunities under the protocol will, if necessary, be revised.

The Angolan authorities decided to reduce the number of Community tuna vessels having access to Angolan waters from 43 vessels to 33 vessels. This is probably because other partners have offered to finance the construction of onshore tuna processing facilities in return for access to the tuna resources in Angolan waters. This reduction does not however call for a reduction of the financial compensation, since this is calculated only on the basis of the shrimp and demersal opportunities. There is no additional charge to the Community for the access of the tuna vessels, but instead the shipowners pay per tonne of the actual catches

In view of the above, the new protocol is considered to be good value for money. Moreover, the establishment of a partnership with Angola and the annual scientific reviews of the state of the stocks will encourage the responsible and sustainable exploitation of the resources to the mutual benefit of the Community and Angola.

The Commission proposes, on this basis, that the Council adopt the conclusion of the new Protocol by Regulation.

A proposal for a Council Decision on the provisional application of the new Protocol pending its definitive entry into force is the subject of a separate procedure.

2002/0237(CNS)

Proposal for a COUNCIL REGULATION on the conclusion of the Protocol setting out, for the period from 3 August 2002 to 2 August 2004, the fishing opportunities and the financial contribution provided for by the Agreement between the European Economic Community and the Government of the Republic of Angola on fishing off Angola

THE COUNCIL OF THE EUROPEAN UNION,

Having regard the Treaty establishing the European Community, and in particular Article 37, in conjunction with Article 300(2) and the first sentence of the first subparagraph of Article 300 (3) thereof,

Having regard to the proposal from the Commission [1],

[1] OJ C

Having regard to the opinion of the European Parliament [2],

[2] OJ C

Whereas:

(1) In accordance with the Agreement between the European Economic Community and the Government of the Republic of Angola on fishing off Angola [3], the two parties held negotiations to determine any amendments or additions to be made to the Agreement at the end of the period of application of the Protocol annexed thereto.

[3] OJ L 341, 3.12.1987, p. 2.

(2) As a result of these negotiations, a new Protocol setting out the fishing opportunities and financial contribution provided for in the above Agreement for the period from 3 August 2002 to 2 August 2004 was initialled on 30 June 2002.

(3) It is in the Community's interest to approve the said Protocol.

(4) The method of allocating the fishing opportunities among the Member States should be defined on the basis of the traditional allocation of fishing opportunities under the Fisheries Agreement,

HAS ADOPTED THIS REGULATION :

Article 1

The Protocol setting out, for the period from 3 August 2002 to 2 August 2004, the fishing opportunities and the financial contribution provided for by the Agreement between the European Economic Community and the Government of the Republic of Angola on fishing off Angola is hereby approved on behalf of the Community.

The text of the Protocol is attached to this Regulation.

Article 2

The fishing opportunities fixed in the Protocol shall be allocated among the Member States as follows:

>TABLE POSITION>

If licence applications from these Member States do not cover all the fishing opportunities fixed by the Protocol, the Commission may consider licence applications from any other Member State.

Article 3

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

Done at ..., ...

For the Council

The President

PROTOCOL SETTING OUT, FOR THE PERIOD FROM 3 AUGUST 2002 TO 2 AUGUST 2004, THE FISHING OPPORTUNITIES AND THE FINANCIAL CONTRIBUTION PROVIDED FOR BY THE AGREEMENT BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND THE GOVERNMENT OF THE REPUBLIC OF ANGOLA ON FISHING OFF ANGOLA

Article 1

From 3 August 2002, for a period of two years, the limits referred to in Article 2 of the Agreement shall be as follows:

1. Shrimp vessels 6 550 GRT per month, as an annual average

(maximum 22 vessels)

Catches by Community vessels may not exceed 5 000 tonnes of shrimps and prawns, including 30% of prawns and 70% of shrimps.

2. Demersal vessels (trawlers, bottom longliners and fixed gillnets): 4 200 GRT per month, as an annual average.

Fishing for Centrophorus granulosus is prohibited.

3. Fishing for pelagic species 2 vessels

This type of fishing shall, because of its nature, be subject to a trial period of six months.

4. Freezer tuna seiners 15 vessels

5. Surface longliners 18 vessels

These limits on fishing opportunities may be raised if Community shipowners are prepared to contribute to the improvement of Angola's fisheries industry, in which case the two parties, meeting as a Joint Committee, will decide jointly on the additional fishing opportunities and the financial compensation.

Article 2

After the trial period of fishing for pelagic species and on the basis of the results achieved and the scientific opinions available, the two parties will, within the framework of the Joint Committee and following a meeting of the Joint Scientific Group referred to in Article 6, decide on the fishing opportunities for pelagic species for the remaining years of this Protocol and the financial compensation payable in return for those opportunities.

Article 3

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 set at EUR 15 500 000 per year (EUR 9 975 000 per year of financial compensation proper and EUR 5 525 000 for the measures referred to in Article 3 of the Protocol) in return for the fishing opportunities set out in Article 1.

The financial compensation shall be paid into an account designated by the Ministry of Finance via the Fisheries and Environment Ministry.

The financial compensation shall be paid not later than 30 November of the first year of the Protocol and not later than the anniversary date of the Protocol the following year.

2. If vessels withdraw from the Agreement and the Angolan authorities do not agree to their replacement by other vessels, the resulting reduction in fishing opportunities for the Community shall entail a proportional adjustment of the financial compensation provided for in paragraph 1.

3. Angola shall have full discretion regarding the use to which the financial compensation is put.

Article 4

With a view to ensuring the development of sustainable and responsible fishing the two parties will, in their mutual interest, set up a partnership for the purpose in particular of encouraging: better knowledge of fishery and biological resources; quality control; marketing and obtaining the best return from fishery products; fisheries control; the development of non-industrial fishing; fishing communities; and training.

The breakdown of the EUR 5 525 000 earmarked for the measures provided for in Article 3(1) each year shall be as follows:

1. Scientific and technical programmes intended to improve knowledge of fishery and biological resources in Angola's fishing zone: EUR 750 000

2. Quality control programme: EUR 350 000

3. Support programme for marketing and obtaining the best return from fisheries products: EUR 250 000

4. Support programme for fisheries surveillance: EUR 775 000

5. Programme for the development of non-industrial fishing and the support of fishing communities: EUR 1 150 000

6. Programme of institutional support for the Fisheries and Environment Ministry: EUR 500 000

7. Programme to finance fisheries schools, study grants, practical training in the various scientific, technical and economic disciplines related to fisheries and participation in international organisations, seminars, symposia and workshops: EUR 1 500 000

8. Programme to encourage the development of aquaculture: EUR 250 000

The Fisheries and Environment Ministry shall decide on the measures and the annual amounts allocated thereto and shall keep the Commission of the European Communities informed.

The annual amounts shall be made available to the bodies concerned in an account designated by the Ministry of Finance via the Fisheries and Environment Ministry, not later than 30 November for the first year and, thereafter, on the anniversary date of the Protocol.

The Fisheries and Environment Ministry shall, three months after the anniversary date of the Protocol, provide the Commission of the European Communities with written information on the implementation of the Protocol and the results achieved. The European Community may, in the light of the actual implementation of the measures and after consulting the Angolan authorities, review the payments concerned.

Article 5

In the event of a significant change in the conditions of exploitation of fisheries resources in Angola's EEZ which prevents the exercise of fishing activities, the payment of the financial contribution by the European Community may be interrupted subject to the prior agreement of both parties.

Article 6

A joint scientific meeting shall be held annually to look into questions relating to the sustainable management of fishery resources.

Article 7

The implementation of the Agreement may be suspended if the Community fails to make the payments provided for in Articles 2, 3 and 4 within the time limits laid down.

Article 8

All activities of vessels operating under this Protocol and the annexes thereto, in particular transhipment and the consumption of ship's supplies (food and fuel), shall be governed by the laws applicable in the Republic of Angola.

Fishery products caught by Community vessels operating under the terms of the Agreement shall, for the purposes of this Protocol, be regarded as being of Community origin.

Article 9

This Protocol shall enter into force after both parties have given notification of the conclusion of their respective approval procedures.

ANNEX A

Conditions governing the fishing activities of Community vessels in Angolan waters

1. APPLICATIONS FOR LICENCES AND FORMALITIES FOR THEIR ISSUANCE

1.1 The Commission of the European Communities shall, via its Delegation in Angola, present to Angola's fisheries authorities one application per vessel for each shipowner wishing to fish under the terms of this Agreement. It shall do so at least 15 days before the date of commencement of the period of validity requested. Applications shall be made on forms provided for the purpose by Angola, specimens of which are set out in Appendix 1 and Appendix 2. On first application the form shall be accompanied by a tonnage certificate for the vessel concerned. Each application shall be accompanied by proof of payment of the fee covering the period of validity of the licence.

1.2 For the purposes of this Protocol fishery products caught by Community vessels fishing under the terms of this Agreement shall be regarded as being of Community origin.

1.3 Each licence shall be issued to a shipowner for a specific vessel. In proven cases of force majeure, the licence for a vessel shall, at the request of the Commission of the European Communities, be replaced by another licence, for a Community vessel of a similar type.

1.4 Licences shall be issued by the Angolan authorities to the skipper of the vessel, at the port of Luanda, after the vessel has been inspected by the competent authority.

1.5 The Delegation of the Commission of the European Communities in Angola shall be notified of the licences issued by Angola's fisheries authorities.

1.6 Licences must be kept on board at all times. However, in the case of tuna vessels and surface longliners, the vessel shall be entered on the list of authorised fishing vessels as soon as notification is received that the European Commission has paid the advance to the Angolan authorities and the list shall be communicated to the Angolan authorities responsible for fisheries surveillance. Pending receipt of the actual licence, a copy may be obtained by fax which must be kept on board.

1.7 Licences shall be valid for one year.

1.8 Each vessel shall be represented by an agent who is officially resident in Angola and is approved by the Fisheries and Environment Ministry.

1.9 The Angolan authorities shall, as soon as possible, communicate details of the bank accounts and currencies to be used for payments under this Agreement.

2. FEES

2.1 Provisions applicable to shrimp vessels and demersal fishing vessels

The licence fee shall be:

- EUR 52/month per GRT for shrimp vessels,

- EUR 220/year per GRT for demersal vessels.

2.2 The fees may be paid quarterly or half-yearly, in which case the amount shall be increased by 5% and 3% respectively.

2.3 Provisions applicable to tuna vessels and surface longliners

The licence fee shall be EUR 25 per tonne caught within Angola's fishing zone.

Licences shall be issued once Angola has been paid a flat-rate advance of EUR 4 500 a year - equivalent to the fee for a catch of 180 tonnes per year - for each freezer tuna seiner and EUR 2 500 a year - equivalent to the fee for a catch of 100 tonnes per year - for each surface longliner.

The final statement of the fees due for the fishing year shall be drawn up by the Commission of the European Communities, at the end of the first quarter of the year following that of the catches on the basis of the catches reported for each vessel and confirmed by a specialised scientific body in the region, in particular the IRD (Institut de Recherche pour le Développement), the IEO (Instituto Español de Oceanografía) and IPIMAR (Instituto Português de Investigação Marítima).

This statement shall simultaneously be communicated to the Angolan authorities and the shipowners. Additional payments, if any, by the shipowners shall be made within 30 days of notification of the final statement, into an account opened with a financial institution or to any other body specified by the Angolan authorities.

However, if the amount of the final statement is less than the advance referred to above, shipowners shall not be reimbursed the balance.

3. BIOLOGICAL REST PERIOD

Shrimp fishing may each year be the subject of a biological rest period in the light of the findings of current scientific surveys. Such periods shall be notified not less than three months in advance to the Commission and the shipowners. Shipowners shall not be required to pay a licence fee during a biological rest period.

4. BY-CATCHES

By-catches by shrimp vessels shall remain the property of the shipowners. Altogether, shrimp vessels may catch up to 500 tonnes of crab per year.

5. LANDINGS

Community surface longliners and tuna boats shall endeavour to supply Angolan tuna canneries, in accordance with their fishing effort in the zone and at a price agreed jointly between the shipowners and the Angolan fisheries authorities on the basis of current world market prices. Payment shall be made in convertible currency.

6. CONTROL OF TRANSHIPMENTS AND DEPARTING VESSELS

Transhipments shall be notified eight days in advance to the Angolan fisheries authorities and shall take place, either in the Bay of Luanda or in the Bay of Lobito, in the presence of the Angolan customs authorities.

Transhipment operations shall be subject to stamp duty and service taxes, all payments concerned being made to the customs authorities in accordance with the legislation in force.

A copy of the documentation relating to transhipments shall, 15 days before the end of each month for the preceding month, be transmitted to the Surveillance Directorate of the Fisheries and Environment Ministry.

Any Community fishing vessel wishing to leave Angola's EEZ with its catch or catches must give eight days' notice and submit to a customs check in the Bay of Luanda or the Bay of Lobito.

7. FOOD SUPPLIES (SHIP'S SUPPLIES)

7.1 European Community fishing vessels taking on supplies of food in Angola shall do so in accordance with the legislation in force, using only specialist ship's chandlers registered with the Ministry of Trade and established in Angola.

7.2 If some or all of the food supplies come from outside Angola a list of the products must be sent to the Customs authorities in respect of each vessel, stating the number of crew members on board, in order to determine whether the quantities concerned are reasonable in relation to on-board consumption requirements. Export duty and other taxes shall be payable on any quantity in excess of what is regarded as reasonable.

7.3 Work relating to the provision of ship's supplies shall be subject to stamp duty and to service taxes.

8. FUEL SUPPLIES (SHIP'S SUPPLIES)

8.1 With the exception of tuna vessels, all vessels operating in Angola's fishing zone under the terms of this Agreement will be provided with facilities for obtaining supplies of fuel and water in Angola.

8.2 In Angola, fuel may be taken on in Luanda or Lobito only.

Any transhipment of fuel supplies from a tanker or merchant vessel in Lobito or Luanda must take place in the presence of the customs authorities and shall be subject to stamp duty and service taxes.

8.3 Where a fishing vessel obtains supplies outside territorial waters and the 24-mile area, the customs authorities shall be notified, stating the quantities concerned, the location of the vessel and the name of the supplier.

9. REPORTING CATCHES

9.1 Shrimp vessels and demersal vessels

9.1.1 Shrimp vessels and demersal vessels shall, at the end of each fishing campaign, transmit the catch reports set out in Appendices 3 and 4 to the Instituto de Investigação Marinha (Marine Research Institute) via the Delegation of the European Communities.

Moreover, each vessel shall, via the Delegation of the European Community, present to the Planning, Studies and Statistics Office of the Fisheries and Environment Ministry a monthly report listing the catches made during the month and 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.

In the event of failure to comply with this provision, Angola reserves the right to apply the penalties provided for in its legislation.

9.1.2 In addition, shrimp vessels and demersal vessels shall report daily their geographical position and the previous day's catches to Luanda radio station. The call sign will be notified to the owner when the fishing licence is issued. Vessels must, if they are unable to contact the above-mentioned radio station, use alternative means of communication.

No fishing or merchant vessel may leave the territorial waters of the Republic of Angola without the prior authorisation of the Direcção Nacional de Fiscalização (National Directorate for Surveillance) of the Fisheries and Environment Ministry and without the catches on board being checked.

9.2 Tuna vessels and surface longliners

Every three days during fishing operations in Angola's fishing zone, vessels shall inform Luanda radio station of their position and their catches. On entering and leaving Angola's fishing zone, the vessels shall inform Luanda radio station of their position and the volume of the catches on board.

Vessels shall, if they are unable to contact the above-mentioned radio station, use alternative means of communication.

Vessels shall keep a fishing logbook in accordance with the model in Appendix 5 for each fishing period spent in Angola's fishing zone. Fishing logbooks must be filled in even where no catch has been taken.

For periods spent outside Angolan waters, "Outside Angola's EEZ" must be entered in the fishing logbook.

The form must be completed legibly, must be signed by the skipper of the vessel and must be sent to the National Inspection and Surveillance Directorate of the Fisheries and Environment Ministry via the Delegation of the Commission of the European Communities within 45 days of the end of the fishing campaign in Angolan waters; it must also be sent as soon as possible for processing to the scientific institutes referred to at 2.2.

In the event of failure to comply with this provision Angola reserves the right to suspend the licence of the vessel concerned until the necessary formalities have been complied with and to apply the penalties applicable under Angolan legislation. The Delegation of the Commission of the European Communities in Angola will in such cases be informed at once.

10. FISHING ZONES

10.1 The fishing zones accessible to shrimp vessels shall comprise all waters under the sovereignty or jurisdiction of the Republic of Angola north of 12°20' prime and beyond the first 12 nautical miles measured from the base lines.

10.2 The fishing zones accessible to vessels engaged in demersal fishing shall comprise all waters under the sovereignty or jurisdiction of the Republic of Angola:

- trawlers: beyond the first 12 nautical miles measured from the base lines and restricted northwards by 13°00' prime South, and southwards by a line five miles north of the limit between the EEZs (exclusive economic zones) of Angola and Namibia,

- vessels using other types of gear: beyond the first 12 nautical miles, measured from the base lines and restricted southwards by a line five miles north of the limit between the EEZs of Angola and Namibia.

The fishing zones accessible to freezer tuna seiners and surface longliners shall comprise all waters under the sovereignty or jurisdiction of the Republic of Angola beyond the first 12 nautical miles measured from the base lines.

11. HIRING OF CREW MEMBERS

11.1 Owners of fishing vessels other than freezer tuna seiners and surface longliners to whom fishing licences have been issued under the terms of this Agreement shall contribute to the on-the-job vocational training of at least six Angolan seamen on board each vessel, who shall be freely chosen from a list drawn up by the Fisheries and Environment Ministry.

11.2 Should an observer be taken on board at Angola's request, he shall be regarded as one of the six seamen referred to at 11.1.

11.3 Community shipowners shall endeavour to increase the number of seamen and improve their vocational skills.

11.4 The wages of the seamen and technicians on board shall be borne by the shipowners in accordance with terms mutually agreed by the contracting parties and shall be paid into an account opened with a financial institution designated by the Fisheries and Environment Ministry. This pay shall include life insurance against all risks.

11.5 In addition, a total of 20 trainee seamen will each year be selected for the engine room and deck by the Fisheries and Environment Ministry and be distributed among the above-mentioned vessels. The trainees' wages, which shall be borne by the shipowners, may be worth up to 1/3 of that of seasoned seamen and must include the cost of life insurance against all risks.

11.6 After the traineeship has been satisfactorily completed the skipper shall sign a document to that effect after the trip, such document then being sent, via the owner or his representative, to the Fisheries and Environment Ministry.

12. SCIENTIFIC OBSERVERS

12.1 Any vessel may be asked to take on board a scientific observer designated and employed by the Fisheries and Environment Ministry.

12.2 Observers shall not normally remain on board for more than one trip.

12.3 The time spent on board by the observer shall be set by the Angolan authorities but, as a general rule, should not exceed the time required to carry out the duties concerned.

12.4 Observers will be treated as ship's officers.

Observers shall:

- observe the fishing activities of the vessels,

- perform biological sampling in the context of scientific programmes,

- take note of the fishing gear used,

- verify the catch data for Angola's zone as recorded in the logbook,

- report fishing data by radio once a week.

12.5 While on board,

observers shall:

- take all appropriate steps to ensure that the conditions under which they are taken on board and their presence on board do not interrupt or hamper fishing activities,

- respect the material and equipment on board and the confidentiality of all documents belonging to the said vessel,

- draft an activity report to be transmitted to the competent Angolan authorities.

The conditions under which observers are taken on board are to be agreed between the shipowner or his agent and the Angolan authorities. The cost of the observers' wages and social insurance contributions shall be charged to the Fisheries and Environment Ministry. Shipowners shall, through their agents, pay the Marine Research Institute EUR 15 for each day spent by an observer on board a vessel. Shipowners who are unable to take observers aboard and put them ashore at an Angolan port agreed by common accord with the Angolan authorities shall bear the cost of taking the observers aboard and putting them ashore.

If the observer is not present at the time and place agreed or during the twelve hours following the time agreed, shipowners shall automatically be absolved of their obligation to take the observer on board.

13. INSPECTION AND MONITORING

Community vessels fishing under the terms of the Agreement shall be monitored by satellite in accordance with the Protocol on VMS and without prejudice to the Angolan legislation applicable.

At the request of the Angolan authorities, Community fishing vessels operating under the terms of 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 not remain on board any longer than is necessary for the accomplishment of their duties.

14. MESH SIZE

The minimum size of the mesh used shall be:

- 50 mm for shrimp fishing;

- 110 mm for demersal fishing.

The introduction of new mesh sizes shall apply to Community vessels from the sixth month following notification to the Commission of the European Communities.

15. BOARDING

15.1 The European Community Delegation in Luanda shall be informed within 48 hours of the boarding, within Angola's fishing zone, of any fishing vessel flying the flag of a Member State of the Community and operating under the terms of this Agreement between the Community and a third country, and shall at the same time receive a summary report of the circumstances and reasons for the boarding of the vessel.

15.2 In the case of vessels authorised to fish in Angolan waters, before any measures regarding the master or the crew of the vessel or any action regarding the cargo and equipment of the vessel are considered, other than those to safeguard evidence relating to the alleged infringement, a consultation meeting shall be held, within 48 hours of receipt of the above-mentioned information, between the Delegation of the Commission of the European Communities, the Fisheries and Environment Ministry and the inspection authorities, possibly attended by a representative of the Member State concerned.

At the meeting, the parties shall exchange any relevant documentation or information, in particular automatically registered data showing the vessel's positions during the trip up to the time of boarding, which may help to clarify the circumstances of the facts concerned.

The shipowner or his representative shall be informed of the outcome of the meeting and of any measures resulting from the boarding.

15.3 Before any judicial proceedings are brought, an attempt shall be made to resolve the alleged infringement through a compromise procedure. This procedure shall be completed no later than three working days after the boarding.

15.4 If the case cannot be settled by compromise, judicial proceedings shall be brought and bank security payable by the shipowner shall be set by the relevant authority within 48 hours following the conclusion of the compromise procedure pending the judicial decision. The amount of the security may not exceed the maximum penalty applicable under national legislation for the alleged infringement. The bank security shall be returned to the shipowner by the relevant authority once the case is settled by judicial decision without the master of the vessel concerned being incriminated.

15.5 The vessel and its crew shall be released:

- at the end of the concertation meeting, if the established facts permit, or

- as soon as the obligations arising from the compromise have been fulfilled, or

- as soon as bank security has been lodged by the shipowner (judicial proceedings).

16. INFRINGEMENTS

Any infringement of Angolan legislation or the provisions of this Protocol by a Community vessel shall be notified to the Delegation of the Commission of the European Communities in Luanda, without prejudice to the sanctions applicable under the legislation concerned.

ANNEX B

Conditions governing the fishing activities of Community vessels fishing for pelagic species in Angolan waters

1. APPLICATIONS FOR LICENCES AND FORMALITIES FOR THEIR ISSUANCE

1.1 The Commission of the European Communities shall, via its Delegation in Angola, present to Angola's fisheries authorities one application per vessel for each shipowner wishing to fish under the terms of this Agreement. It shall do so at least 15 days before the date of commencement of the period of validity requested. Applications shall be made on forms provided for the purpose by Angola, specimens of which are contained in Appendix 1. On first application the form shall be accompanied by a tonnage certificate for the vessel concerned. Each application shall be accompanied by proof of payment of the fee covering the period of validity of the licence.

When renewing the licence, only proof of payment of the fee for the period in question need be presented to the Angolan authorities, the other documents referred to above being presented only with the first application or if the technical characteristics of the vessel have changed.

1.2 Licences shall, in the case of a first application, be issued to a shipowner for a specific vessel. In proven cases of force majeure the licence for a vessel shall, at the request of the Commission of the European Communities, be replaced by another licence, for a Community vessel of a similar type.

1.3 Licences shall be issued by the Angolan authorities to the skipper of the vessel, at the nearest port, after the vessel has been inspected by the competent authority.

1.4 The Delegation of the Commission of the European Communities in Angola shall be notified of the licences by Angola's fisheries authorities.

1.5 Licences must be kept on board at all times. However, the vessel shall be entered on the list of authorised fishing vessels as soon as notification is received that the European Commission has paid the advance to the Angolan authorities and the list shall be communicated to the Angolan authorities responsible for fisheries surveillance. Pending receipt of the actual licence, a copy may be obtained by fax which must be kept on board.

1.6 Licences shall be valid for a minimum of one month and may be renewed.

1.7 Each vessel shall be represented by an agent who is officially resident in Angola and is approved by the Fisheries and Environment Ministry.

1.8 The Angolan authorities shall, before the entry into force of this Protocol, communicate details of the bank accounts and currencies to be used for paying the fees.

1.9 Licences shall cover the fishing of mackerel, sardinella and horse mackerel. A by-catch of up to 10% is authorised.

2. FEES

The fee is set at EUR 3/month per GT.

After the trial period the conditions governing these fishing operations (obligation to take seamen on board and put them ashore) shall be laid down by common agreement between the shipowners and the Angolan authorities in the light of the results of the said period.

3. TRANSHIPMENT

All transhipments shall be notified to the competent Angolan fisheries authorities eight days in advance and shall take place in either the Bay of Luanda or the Bay of Lobito in the presence of the Angolan Customs authorities.

Transhipment operations shall be subject to stamp duty and service taxes, all payments concerned being made to the customs authorities in accordance with the legislation in force.

A copy of the documentation relating to transhipments shall be forwarded to the National Surveillance Directorate of the Fisheries and Environment Ministry 15 days before the end of each month for the preceding month.

Any Community fishing vessel wishing to leave Angola's EEZ with its catch or catches must submit to a customs check in the Bay of Luanda or the Bay of Lobito after giving eight days' notice.

4. FOOD SUPPLIES (SHIP'S SUPPLIES)

4.1 European Community fishing vessels taking on supplies of food in Angola shall do so in accordance with the legislation in force, using only specialist ship's chandlers registered with the Ministry of Trade and established in Angola.

4.2 If some or all of the food supplies come from outside Angola a separate list of the products must be sent to the Customs in respect of each vessel, stating the number of crew members on board, in order to determine whether the quantities of products concerned may be regarded as reasonable in relation to on-board consumption requirements. Any quantity in excess of what is regarded as reasonable shall be subject to export duty and other taxes.

4.3 Work relating to the provision of ship's supplies shall be subject to stamp duty and service taxes.

5. FUEL SUPPLIES (SHIP'S SUPPLIES)

5.1 With the exception of tuna vessels, all vessels operating in Angola's fishing zone under the terms of this Agreement will be provided with facilities for obtaining their fuel and water supplies in Angola.

5.2 Any fuel taken on board in Angola must be taken on in Luanda or Lobito.

The transhipment of fuel supplies from a tanker or merchant ship in Lobito or Luanda must take place in the presence of the customs authorities and is subject to stamp duty and service taxes.

5.3 Where a fishing vessel obtains its supplies outside territorial waters and the 24-mile area, the customs authorities shall be notified, stating the quantities concerned, the location of the vessel and the name of the supplier.

6. REPORTING CATCHES

6.1 At the end of each fishing campaign vessels fishing for pelagic species shall transmit to the Fisheries Research Institute in Luanda, via the Delegation of the Commission of the European Communities, daily catch reports in accordance with the specimen shown in Appendix 6.

Moreover, each vessel shall present a monthly report to the Planning, Studies and Statistics Office of the Fisheries and Environment Ministry, listing the catches made 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.

6.2 No fishing vessel may leave Angola's fishing zone without obtaining the prior authorisation of the Fisheries Surveillance Directorate of the Fisheries and Environment Ministry after the catches on board have been checked.

In the event of failure to comply with this provision, Angola reserves the right to apply the penalties applicable under its legislation.

7. FISHING ZONES

The fishing zones accessible to vessels fishing for pelagic species shall comprise all waters under the sovereignty or jurisdiction of the Republic of Angola beyond the first 12 nautical miles.

8. HIRING OF CREW MEMBERS

Vessels fishing for pelagic species during the trial period shall not be subject to the requirement to hire Angolan seamen.

9. SCIENTIFIC OBSERVERS

9.1 Vessels may be asked to take on board a scientific observer designated and employed by the Fisheries and Environment Ministry.

Observers shall not normally remain on board for more than one trip.

9.2 The time spent on board by the observer shall be fixed by the Angolan authorities, but, as a general rule, should not exceed the time required to carry out the duties concerned.

9.3 Observers shall be treated as ship's officers.

Observers shall:

- observe the fishing activities of the vessels,

- perform biological sampling in the context of scientific programmes,

- take note of the fishing gear used,

- verify the catch data for Angola's zone as recorded in the logbook,

- report fishing data by radio once a week.

While on board, observers shall:

- take all appropriate steps to ensure that the conditions under which they are taken on board and their presence on board do not interrupt or hamper fishing activities,

- respect the material and equipment on board and the confidentiality of all documents belonging to the said vessel,

- draft an activity report to be transmitted to the competent Angolan authorities.

The terms under which observers are taken on board are to be agreed between the shipowner or his agent and the Angolan authorities. Their wages and social insurance contributions are to be paid by the Fisheries and Environment Ministry. Shipowners shall, through their agents, pay the Marine Research Institute EUR 30 for each day spent by an observer on board a vessel. Shipowners who are unable to take observers on board and put them ashore at an Angolan port agreed by common accord with the Angolan authorities shall bear the cost of taking the observers aboard and putting them ashore.

If the observer is not present at the time and place agreed or during the twelve hours following the time agreed, shipowners shall automatically be absolved of their obligation to take the observer on board.

10. INSPECTION AND SURVEILLANCE

Community vessels fishing under the Agreement shall be monitored by satellite in accordance with the Protocol on VMS and without prejudice to the Angolan legislation applicable.

At the request of the Angolan authorities, Community fishing vessels fishing under the terms of the Agreement shall allow on board any Angolan officials responsible for the inspection and monitoring of fishing activities and shall facilitate the accomplishment of their duties.

These officials shall not remain on board any longer than is necessary for the accomplishment of their duties.

11. MESH SIZE

The minimum size of the mesh used shall be 60 mm.

12. BOARDING

12.1 The European Community Delegation in Luanda shall be informed within 48 hours of the boarding, within Angola's fishing zone, of any fishing vessel flying the flag of a Member State of the Community within Angola's fishing zone and operating under this Agreement, and shall at the same time receive a summary report of the circumstances and reasons for the boarding of the vessel.

12.2 In the case of vessels authorised to fish in Angolan waters, before any measures regarding the master or the crew of the vessel or any action regarding the cargo and equipment of the vessel are considered, other than those to safeguard evidence relating to the alleged infringement, a consultation meeting shall be held, within 48 hours of receipt of the above-mentioned information, between the Delegation of the Commission of the European Communities, the Fisheries and Environment Ministry and the inspection authorities, possibly attended by a representative of the Member State concerned.

At the meeting, the parties shall exchange any relevant documentation or information, in particular automatically registered data showing the vessel's positions during the trip up to the time of boarding, which may help to clarify the circumstances of the facts concerned.

The shipowner or his representative shall be informed of the outcome of the meeting and of any measures resulting from the boarding.

12.3 Before any judicial proceedings, an attempt shall be made to resolve the alleged infringement through a compromise procedure. This procedure shall be completed no later than three working days after the boarding.

12.4 If the case cannot be settled by compromise, judicial proceedings shall be brought before a competent judicial body and a bank security payable by the shipowner shall be set by the relevant authority within 48 hours following the conclusion of the compromise procedure pending a judicial decision. The amount of the security may not exceed the maximum penalty applicable under national legislation for the alleged infringement. The bank security shall be returned to the shipowner by the relevant authority once the case is settled by judicial decision without the master of the vessel concerned being incriminated.

12.5 The vessel and its crew shall be released:

- at the end of the concertation meeting, if the established facts permit, or

- as soon as the obligations arising from the compromise have been fulfilled, or

- as soon as bank security has been lodged by the shipowner (judicial proceedings).

Appendix 1

APPLICATION FOR A LICENCE TO FISH FOR SHRIMP AND DEMERSAL SPECIES IN ANGOLAN WATERS

SECTION A

1. Name of shipowner : ..........................................................................

2. Nationality of shipowner: ..........................................................................

3. Business address of shipowner:.......................................................................... ................................................................................................................... ..................................................................................................................

4. Chemical additives which may be used (name and composition):.................................................................................................................. .................................................................................................................. ...................................................................................................................

SECTION B

To be completed for each vessel

1. Period of validity: .........................................................................................

2. Name of vessel:..............................................................................

3. Year of construction: ....................................................................................

4. Original flag: ............................................................................................................

5. Current flag: ........................................................................

6. Date on which current flag acquired: ..................................................................

7. Year acquired: ....................................................................................

8. Port and registration number: ...............................................................

9. Type of fishing: ........................................................................

10. Gross tonnage: ..........................................................................................

11. Call sign: ..................................................................................................

12. Length overall (m):....................................................................................

13. Bow height (m): ..................................................................................................

14. Depth (m): ..................................................................................................

15 Hull construction material:...........................................................................................

16. Engine power:...................................................................................

17. Speed (knots): .............................................................................................................................

18. Capacity of the cold storage chamber:...............................................................

19. Capacity of tanks (m³): .................................................................................................................

20. Capacity of fish holds (m³): ..............................................................................

21. Colour of hull:...........................................................................................

22. Colour of superstructure: ..............................................................................

23. On-board communication equipment:

>TABLE POSITION>

24. Navigating and sounding equipment:

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25. Skipper: .................................................................

26. Nationality of skipper: .................................................................

Include:

- three colour photographs of the vessel (side view), of any additional boats used for fishing and of any aerial equipment used for detecting fish

- an illustration and detailed description of the fishing gear used,

- a document proving that the representative of the shipowner is empowered to sign this application.

.

(Date of application) // (Signature of representative of shipowner)

-

Appendix 2

APPLICATION FOR A LICENCE TO FISH FOR TUNA IN ANGOLAN WATERS

PART A

1. Name of shipowner: ......................................................................................

2. Nationality of shipowner: ................................................................................

3. Business address of shipowner: ...............................................................

....................................................................................

PART B

To be completed for each vessel

1. Period of validity: ........................................................................................

2. Name of vessel: .............................................................................................

3. Year of construction: ....................................................................................

4. Original flag: ..............................................................................................

5. Current flag: ...................................................................................................

6. Date on which current flag was acquired: ............................................................

7. Year acquired: ...................................................................................................

8. Port and registration number: .............................................................................

9. Type of fishing: ............................................................................................

10. Gross register tonnage: ..................................................................................................

11. Call sign: .....................................................................................................

12. Length overall (metres): ..................................................................................

13. Bow height (metres): ......................................................................................

14. Depth (metres): ............................................................................................

15 Hull construction material: ...............................................................................

16. Engine power (HP): .................................................................................................

17. Speed (knots): .............................................................................................

18. Cabins: .................................................................................................................

19. Capacity of fuel tanks (m3): .............................................................................

20. Capacity of fish holds (m3): ..............................................................................

21. Freezing capacity in tonnes/24 hours and system used: .............................................

22. Colour of hull: ...........................................................................................

23. Colour of superstructure: ..............................................................................

24. On-board communication equipment:

>TABLE POSITION>

25. Navigation and sounding equipment:

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26. Auxiliary boats used (for each vessel): ...........................................................................

26.1 Gross register tonnage: .............................................................................................

26.2 Length overall (metres): ............................................................................................

26.3 Bow height (metres): ................................................................................................

26.4 Depth (metres): .......................................................................................................

26.5 Hull construction material: ..........................................................................................

26.6 Engine power (HP): .................................................................................................

26.7 Speed (knots):.........................................................................................................

27. Auxiliary aerial equipment used to detect fish (even if not installed on board): ................................................................................................................................

28. Home port: ..................................................................................................................

29. Name of skipper: .........................................................................................................

30. Nationality of skipper: ..............................................................................................

Include:

- three colour photographs of the vessel (side view), of any additional boats used for fishing and of any aerial equipment used for detecting fish,

- an ilustration and detailed description of the fishing gear used,

- a document proving that the representative of the shipowner is empowered to sign this application.

Date of application // Signature of representative of shipowner

Appendix 3.1

FISHING LOGBOOK // INSTITUTO DE INVESTIGAÇÃO PESQUEIRA

(Fisheries Research Institute)

(for all bottom trawlers)

>TABLE POSITION>

>TABLE POSITION>

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Appendix 3.2

>REFERENCE TO A GRAPHIC>

TRIP

>TABLE POSITION>

FISHING GEAR (specify and give measurements) (9)

>TABLE POSITION>

MAIN SPECIES FISHED (please state name or serial number) (10)

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Please enter the total number of fishing days in each box in the diagram opposite (11)

TOTAL CATCH (kg) (Weight of all fish on board) (12) //

Appendix 4.1

FISHING LOGBOOK // INSTITUTO DE INVESTIGAÇAO PESQUEIRA

(Fisheries Research Institute)

(for all shrimp vessels)

>TABLE POSITION>

>TABLE POSITION>

NB: See attached table to confirm the common name of the species in your language.

>TABLE POSITION>

Appendix 4.2

>REFERENCE TO A GRAPHIC>

TRIP

>TABLE POSITION>

FISHING GEAR (specify and give measurements) (9)

>TABLE POSITION>

MAIN SPECIES FISHED (please state name or serial number) (10)

>TABLE POSITION>

Please enter the total number of fishing days in each box in the diagram opposite (11)

TOTAL CATCH (kg) (weight of all the fish on board) (12) //

Appendix 5

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Appendix 6

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LEGISLATIVE FINANCIAL STATEMENT

Policy area(s): External aspects of certain Community policies

Activit(y)ies: International Fisheries Agreements

Title of operation: Renewal of the Protocol establishing the fishing opportunities and financial contribution under the EC/Angola Fisheries Agreement

1. BUDGET LINE(S) + HEADING(S)

B78000: International Fisheries Agreements

2. OVERALL FIGURES

2.1 Total allocation for action (Part B): EUR 31 000 000 for commitment/payment

2.2 Period of application: 3.8.2002 to 2.8.2004

2.3 Overall multiannual estimate of expenditure: EUR 31 000 000

(a) Schedule of commitment appropriations/payment appropriations (financial intervention) (see point 6.1.1)

EUR million (to three decimal places)

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(b) Technical and administrative assistance and support expenditure(see point 6.1.2)

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(c) Overall financial impact of human resources and other administrative expenditure(see points 7.2 and 7.3)

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2.4 Compatibility with financial programming and the financial perspective

|X| Proposal compatible with existing financial programming.

| | This proposal will entail reprogramming of the relevant heading in the financial perspective.

| | This may entail application of the provisions of the Interinstitutional Agreement.

2.5 Financial impact on revenue:

|X| No financial implications (involves technical aspects regarding implementation of a measure)

OR

| | Financial impact - the effect on revenue is as follows:

(NB All details and observations relating to the method of calculating the effect on revenue should be shown in a separate annex.)

EUR million (to one decimal place)

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(Please state each budget line involved, adding the appropriate number of rows to the table if there is an effect on more than one budget line)

3. BUDGET CHARACTERISTICS

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4. LEGAL BASIS

Article 37 of the Treaty, in conjunction with Article 300(2) and the first subparagraph of Article 300(3).

5. DESCRIPTION AND GROUNDS

5.1 Need for Community intervention

5.1.1. Objectives pursued

The Protocol to the Fisheries Agreement between the European Community and the Republic of Angola was due to expire on 2 May 2002, but was extended until 2 August 2002 while negotiations continued between the Community and the Republic of Angola to determine the amendments or additions to be made to the Protocol. These negotiations were concluded in Luanda on 30 June 2002 and an amended Protocol was initialled by the Commission, on behalf of the Community, and by the Angolan negotiator.

5.1.2. Measures taken in connection with ex-ante evaluation

The new Protocol will be the ninth since the entry into force of the fisheries agreement between the EC and Angola in 1987. In terms of fishing opportunities for Community vessels it is the second most important agreement after Mauritania.

The importance of the agreement to the Community fleet and the satisfactory levels of utilisation of the fishing opportunities justifies the renewal of the Protocol. It should also be noted that for tuna, the Agreement with Angola is an integral part of the network of agreements on tuna covering the Atlantic zone, which allows the Community fleet to follow straddling stocks.

At the second round of negotiations for the renewal of the Protocol, it was agreed that a group of Community and Angolan scientists should meet in order to review the state of the resources before fixing the levels of fishing possibilities. This group met in Luanda in parallel with the third and final round of negotiations. Based on the group's conclusions, it was agreed that the fishing opportunities for shrimps could be maintained at their previous level and that there could be a modest increase in the level of fishing opportunities on demersal species.

The uptake of possibilities for the demersal vessels in the last year of the previous protocol was 2685 GRT per month, or 72% of the limit of 3750 GRT per month. The 3750 GRT was allocated to Member States as follows: Spain 1650 GRT, Portugal 1000 GRT, Italy 650 GRT and Greece 450 GRT. Only Spain used these possibilities in the previous Protocol, accounting for all of the 2685 GRT per month, so Spain in the last year used some of the licences that were not taken up by the other Member States. Spain could undoubtedly take advantage of any increase in demersal possibilities in the new Protocol, especially in view of the demersal vessels that are no longer able to fish in Moroccan waters. Furthermore, the other Member States have expressed their intention to use the demersal possibilities available to them in the new Protocol, so there is good reason to believe that the overall utilisation will increase. The total demands from the Member States amounted to an increase of more than 2000 GRT per month, but in view of the scientific group's conclusions the Commission requested a much more modest increase of 450 GRT. This takes the total to 4200 GRT per month compared with 3750 GRT per month under the previous Protocol.

In view of the highly satisfactory utilisation of tuna licences, the Commission negotiators sought increased possibilities under a new Protocol. This was refused by Angola, which wishes to develop its own onshore tuna processing industry (probably with the aid of other partners). The number of tuna vessels having access to Angolan waters has consequently been decreased from 43 vessels to 33 vessels. This does not however call for a reduction of the financial compensation, since this is calculated only on the basis of the shrimp and demersal opportunities. There is no additional charge to the Community for the access of the tuna vessels, but instead the shipowners pay per tonne of the actual catches made.

The increase in the financial contribution, from EUR 13.975.000 per year to 15.500.000 per year, is justified by the increase in demersal opportunities and by the greater emphasis on targeted actions. The proportion of the financial contribution that is earmarked for targeted actions has been increased from 28% to 35% in the context of a partnership with Angola towards sustainable fishing. This will in particular finance the development of scientific research, surveillance, artisanal fisheries and local fishing communities, training and aquaculture, and will ensure greater coherence between the fisheries and development policies at Community level.

In order to ensure that the level of fishing under the terms of the Protocol remains consistent with the responsible management of the resources, a scientific meeting will be held once per year to monitor the state of the stocks. Based on the results of these meetings, the fishing opportunities under the Protocol will, if necessary, be revised.

5.1.3. Measures taken following ex -post evaluation

The previous protocol provided fishing opportunities for 22 vessels fishing for shrimps, 43 vessels fishing for tuna and for a capacity of up to 3750 GRT per month of vessels fishing demersal species. There were also two licences available for experimental pelagic fishing. The utilisation in terms of issue of licences was highly satisfactory for shrimp and tuna vessels (100%), and was good in terms of monthly GRT for demersal vessels (72%). However, the two pelagic licences for experimental fishing were not used. This was because the shipowners could not meet the deadline stipulated in the Protocol that the licences should be issued within 6 months of the start of the period of application.

However, there remains a strong interest from the Netherlands and from Ireland to develop pelagic fisheries in the region. The new Protocol would therefore renew the possibilities for two experimental licences, but without the restriction of the previous protocol that they must be issued within 6 months of the period of application. In the light of the results of the experimental fishing, further fishing opportunities may be granted. This would be of benefit both to the Community fishermen and to Angola, since all or part of the catches would be landed into Angolan ports.

The September 1999 ex-post evaluation on fisheries agreements (French Research Institute for the Exploitation of the Sea [IFREMER]) reached certain conclusions that were taken into account in the negotiations with Angola. For example, the follow up procedures for the targeted measures, which now represent 35% of the overall financial contribution, have been improved.

5.2 Actions envisaged and arrangements for budget intervention

The Community will pay a total financial contribution of EUR 15.500.000 per year (compared with EUR 13 975 000 per year under the 2000-02 Protocol). The financial compensation are to be paid each year into an account in the name of the Ministry of Fisheries and Environment to be indicated by the Ministry of Finance.

Of this amount, EUR 5.525.000 per year will go towards financing targeted measures aiming at developing the Angolan fisheries sector (the development of scientific research, surveillance, artisanal fisheries and local fishing communities, training and aquaculture).

The first instalment of these payments must be made before 30 November 2002.

5.3 Methods of implementation

The Commission has sole responsibility for implementing the Protocol and will do so through its officials posted in both Brussels and its Delegation in Angola.

6. FINANCIAL IMPACT

6.1 Total financial impact on Part B (over the entire programming period)

6.1.1. Financial intervention

Commitments in EUR million (to three decimal places)

>TABLE POSITION>

6.2. Calculation of costs by measure envisaged in Part B (over the entire programming period)

Commitments in EUR million (to three decimal places)

>TABLE POSITION>

7. IMPACT ON STAFF AND ADMINISTRATIVE EXPENDITURE

The requirements for human and administrative resources must be covered from the administering DG's allocation.

7.1. Impact on human resources

>TABLE POSITION>

7.2 Overall financial impact of human resources

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The amounts are total expenditure for twelve months.

7.3 Other administrative expenditure deriving from the action

>TABLE POSITION>

The amounts are total expenditure for twelve months.

(1) Specify the type of committee and the group to which it belongs.

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It is impossible to quantify the impact of an individual protocol on the work load of the unit in the Directorate-General for Fisheries responsible for this dossier.

Renewing protocols under existing fisheries agreements is one of the unit's activities but does not in itself have a specific impact on administrative expenditure.

If the protocol had not been concluded (initialled), this would equally have resulted in a significant work load and substantial expenditure on visits and meetings.

8. FOLLOW-UP AND EVALUATION

8.1 Follow-up arrangements

Utilisation of the fishing opportunities is under permanent assessment in terms of both licences issued and catches and the value thereof.

Article 6 of the Protocol establishes annual meetings of a Joint Scientific Committee in order to monitor the state of the resources during the period of application of the protocol.

Article 5 of the Protocol stipulates that if a fundamental change in circumstances prevents fishing the Community may suspend payment of the financial contribution.

A detailed report on implementation of the measures and the results achieved must be submitted to the Commission not later than three months after each anniversary date of the Protocol. The Commission is entitled to request additional information and to review the payments concerned in the light of the actual implementation of the measures.

To ensure that the Protocol is applied properly, the Community and Angola can meet whenever necessary to discuss any matter concerning implementation of the Protocol in a Joint Committee.

8.2 Arrangements and schedule for the planned evaluation

Before the Protocol is renewed in 2004 the entire protocol period (2002-04) will be evaluated, measuring indicators relating to results (catches, values of catches) and impact (number of jobs created and maintained, relation between the cost of the Protocol and the value of catches).

9. ANTI-FRAUD MEASURES

Since the financial contributions are made by the Community in direct exchange for the fishing opportunities offered, the non-member country uses them for whatever end it chooses.

The Member States whose vessels operate under this Agreement must certify to the Commission the exactness of the data indicated in the tonnage certificates of the vessels so that the licence fees may be calculated on a guaranteed basis.

The Protocol also requires Community shipowners to fill out catch statements (which must be transmitted to the Commission and the Angolan authorities) which then serve as the basis for drawing up the final statement of catches under the Protocol and the corresponding fees.

A new provision in the Annex to the Protocol requests the Angolan authorities to notify the Commission of any infringement by Community vessels of the terms of the Protocol, even if this does not involve the arrest of the vessel.