COMMISSION OF THE EUROPEAN COMMUNITIES 
COM(93) 177 final 
Brussels, 5 May 1993 
Proposal for a 
COUNCIL DECISION 
on the conclusion of the Agreement in the form of an Exchange 
of Letters concerning the provisional application of the Protocol 
establishing, for the period 1 June 1993 to 31 May 1996, 
the fishing rights and financial compensation provided for 
in the Agreement between the European Community and the Government 
of the Democratic Republic of Sào Tome e Principe on fishing off 
Sâo Tome e Principe 
**•' > ': ' 'Ji| 
fee _ >/Zi^ Proposal for a 
COUNCIL REGULATION (EEC) 
on the conclusion of the Protocol establishing, for the period 
from 1 June 1993 to 31 May 1996, the fishing rights and financial 
compensation provided for in the Agreement between the European 
Community and the Government of the Democratic Republic of 
Sâo Tome e Principe on fishing off sâo Tome e Principe 
(presented by the Commission) 
EXPLANATORY MEMORANDUM 
The Protocol attached to the fishing Agreement between the European 
Community and the Government of the Republic of Sâo Tome e Principe expires 
on 31.5.1993. A new Protocol establishing the technical and financial 
conditions for fishing activity by the EEC fishing fleet in Sâo Tome e 
Principe waters for the period from 1.6.1993 to 31.5.1996 was initialled by 
the two Parties on 10.2.1993. 
The terms are identical to those of the previous protocol. 
On this basis the Commission proposes that the Council adopt: 
by decision, a draft Agreement in the form of an Exchange of Letters 
concerning the provisional application of the new Protocol pending its 
definitive entry into force, 
by regulation, the Protocol establishing the fishing opportunities and 
technical and financing conditions pertaining thereto as agreed by the 
European Community and Republic of Sâo Tome e Principe for the period 
1.6.1993 to 31.5.1996. 
3 
Proposal for a 
COUNCIL DECISION 
of 
on the conclusion of the Agreement fa the form of «a Exchange of Letters concerning the 
provisional application of the Protocol establishing, for the period t June Iff J to il May 
Ifffc. the flatting righu aad financial compensation provMcd for ia the Afrccmcnt 
between the European Community aad the Government of the Democratic 
Republic of Sao Tome c Principe oo fishing off Sio Tome c Principe 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European 
Community, 
Having regard to the Agreement between the European 
Community and the Government of the 
Democratic Republic of Sio Tome e Principe on fishing 
off Sio Tome e Principe ('), which entered into force on 
18 April 1983, 
Having regard to the proposal from the Commission, 
Whereas negotiations have been held between the 
Community and Sio Tom* e Principe to determine the 
amendments or additions to be introduced into the 
Agreement on fishing off Sio Tome e Principe at the 
end of the period of application of the Protocol; 
Whereas, as a result of these negotiations, a new 
Protocol was initialled on 10.2.93 
Whereas, under that Protocol, Community fishermen 
have fishing righu in the waters under the sovereignty or 
jurisdiction of Sio Tome e Principe for the period I 
June 1993 to 31 May 199$; wtiereas, in order to avoid any interruption in the 
fishing activities of Community vessels, it is essential that 
the new Protocol be applied as soon as possible; 
whereas, for this reason, the two Parties initialled an 
Agreement in the form of an Exchange of Letters 
providing for the provisional application of the initialled 
Protocol from the day following the date of expiry of 
the Protocol in question; whereas the Agreement in the 
form of an Exchange of Letters should be approved, 
pending a final decision taken under Article 43 of the 
Treaty, 
HAS DECIDED AS FOLLOWS: 
Article / 
The Agreement in the form of an Exchange of Letters 
concerning the provisional application of the Protocol 
establishing, for the period 1 June 1993 to 31 May 1994 
the fishing rights and financial compensation provided 
for in the Agreement between the European Economic 
Community and the Government of the Democratic 
Republic of Sio Tome e Principe on fishing off Sio 
Tome e Principe is hereby approved on behalf of the 
Community. 
The text of the Agreement is attached to this Decision. 
(') OJ No I. 54, 25. 2. 1914. p. I. 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. 
Done at Luxembourg, 
For the Council 
The President 
k 
AGREEMENT 
in the form of an Exchange of Letters concerning the provisional application of the Protocol 
establishing, for the period 1 June Iff J to 31 May Iff 6, the fishing rights and financial 
compensation provided for in the Agreement between the European Community and 
the Government of the Democratic Republic of Sflo Tome c Prtndpc on fishing off Sao Tome c 
Prindpc 
A. Letter from the Government of the Democratic Republic of Sio Tome t Principe 
10 February 1993 
With reference to the Protocol initialled on establishing fishing righu and financial 
compensation for the period 1 June 1993 to 31 May 1996, I have the honour to inform you 
that the Government of the Democratic Republic of Sao Tome c Principe is ready to apply this 
Protocol on a provisional basis, with effect from I June 1993, pending its entry into force in 
accordance with Article 7 of the said Protocol, provided that the European 
Community is disposed to do the same. 
This is on the understanding that a first instalment equal to one-third of the financial compen­
sation specified in Article 2 of the Protocol is paid by 31 October 199 3 
I should be obliged if you would confirm the European Community's agreement to 
such provisional application. 
Please accept. Sir, the assurance of my highest consideration. 
For the Government 
of the Democratic Republic of Sào Tome e Principe 
B. Letter from the European Community 
Sir, 
I have the honour to acknowledge receipt of your letter of today's date, which reads as 
follows : 
10 February P93 
*With reference to the Protocol initialled on establishing fishing rights and 
financial compensation for the period 1 June 1993 to 31 May 1996, I have the honour to 
inform you that the Government of the Democratic Republic of Sio Tome e Principe is 
ready to apply this Protocol on a provisional basis, with effect from I June 1993, pending 
its entry into force in accordance with Article 7 of the said Protocol, provided that the 
European Community is disposed to do the same. 
This is on the understanding that a first instalment equal to one-third of the financial 
compensation specified in Article 2 of the Protocol is paid by 31 October 1993 
I should be obliged if you would confirm the European Community's 
agreement to such provisional application.' 
I have the honour to confirm the European Community's agreement to this 
provisional application of the Protocol. 
Please accept. Sir, the assurance of my highest consideration. 
On behalf of the Comnal 
of the F.uropean C.ommmmtici 
5 
Proposal for a 
COUNCIL REGULATION (EEC) No 
of 
on the conclusion of the Protocol establishing, for the period from 1 June 199J 
to 3) May 1996, the fishing rights and financial compensation provided for in the 
Agreement between the European Community and the Government 
of the Democratic Republic of Sâo Tome e Principe on fishing off Sâo Tome e 
Principe 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, HAS ADOPTED THIS REGULATION 
Having 117;.iid to the Treaty establishing the European 
Economic Community, ami in particular Article 4.J 
thereof, 
Having regard to the propo.sal from the Commission, (1) 
Having regard to the opinion of the European Parli­
ament (2) 
Whereas, in accordance with the Agreement between the 
European Community and the Government of 
the Democratic Republic of Sâo Tome e Principe on 
fishing off Sâo Tome e Principe g), 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 appli­
cation of the Protcol , (4) 
Whereas, as a icsult of these negotiations, a new Protocol 
establishing, foi the pentul horn I June 1993 to .II May 
l('''C, the lishmg lights and financial compensation 
piovidcd loi m the afoicmcntioned Agreement was 
initialled on 1l,.? .y$ At In it I 
The Protocol establishing, for the period from I June 
199.Î to 31 May 199^, the fishing rights and financial 
compensation provided for in the Agreement between the 
European Economic Community and the Government of 
the Democratic Republic of Sào Tome e Principe on 
fishing off Sào Tome e Principe is hereby approved on 
behalf of the Community. 
The text of the Protocol is attached to this Regulation 
A rticlt t 
The President of the Council is hereby authorized to 
designate the persons empowered to sign the Agreement 
in order to bind the Community. 
Article J 
This Regulation shall enter into force on the third day 
following us publication m the Offiiittl Journal of tin 
/ //1 oput n (.inn m unities 
Whereas it is in the Community's interest to approve the 
Protocol referred to in this Agreement, 
(1)0J N° 
(2)C»Pmion delivered on (not yet published in die 
Official Journal) 
(3>>J No I. S4. 25 2 I9H4, p I 
(4)R (EC) N° 1295/91 of 14.5.1991, OJ N( Î23 of 18.5.1991, p. 1 
é 
This Regulation shall be binding in its entirety ami directly applicable in all Member 
States 
Done at Brussels, 
Tor the Cou mi I 
The {'résultat 
? 
PROTOCOL 
establishing fishing rights and financial compensation 
for the period from 1 June 1993 to 31 May 1996 
Article 1 
For a period of three years from 1 June 1993, the fishing rights granted 
pursuant to Article 2 of the Agreement shall be 40 freezer tuna seiners and 
eight pole-and-line wet tuna vessels or surface long-liners. 
Article 2 
1. The financial compensation referred to in Article 6 of the Agreement 
shall be, for the period referred to in Article 1, ECU 1 650 000, payable in 
three equal annual instalments. That amount shall cover an annual catch of 
9 000 tonnes in Sâo Tome e Principe waters. If the tuna caught by Community 
vessels in Sâo Tome e Principe waters exceeds that weight, the 
abovementioned amount shall be increased proportionately. 
2. The use to which this compensation is put shall be the sole 
responsibility of the Government of the Democratic Republic of Sào Tome e 
Principe. It shall be paid into an account with the National Bank of 
Sào Tome e Principe. 
Article 3 
1. The Community shall contribute during the period referred to in 
Article 1 the sum of ECU 250 000 towards the financing of scientific and 
technical programmes to improve biological and fishery resource information 
as regards the exclusive economic zone of Sâo Tome e Principe. 
2. These programmes shall be drawn up jointly by the competent authorities 
of Sâo Tome e Principe and the Community, which will, if necessary, 
participate in their implementation. Once the content of the programmes has 
been approved, they shall be financed by payments into an account indicated 
by the competent authorities of Sâo Tome e Principe. 
8 
3. The competent authorities of Sào Tome e Principe shall send to the 
Commission of the European Communities a report on the implementation of the 
approved programmes and the results obtained. The Commission of the 
European Communities reserves the right to request any further scientific 
information from the authorities of Sâo Tome e Principe. 
Article 4 
1. The two Parties agree that improving the skills and knowledge of those 
involved in sea fishing is a vital element in the success of their 
cooperation. To that end, the Community shall: 
a) make it easier for nationals of Sâo Tome e Principe to find places in 
establishments in its Member States and shall provide for that purpose 
awards for study and practical training in the various scientific, 
technical and economic disciplines relating to fisheries. These awards 
may also be used by any State linked to the Community by a Cooperation 
Agreement; 
b) cover Sâo Tome e Principe's participation in the Regional Fisheries 
Committee for the Gulf of Guinea and Iccat; 
c) cover its participation in international meetings or training courses on 
fisheries. 
2. The cost of these measures may not exceed ECU 275 000. This sum shall 
be paid to the account indicated by the Ministry of Commerce, Industry, 
Tourism and Fisheries in three equal annual instalments. That Ministry 
shall manage all the measures financed in this way referred to in 
paragraph 1 and shall submit to the Commission a detailed report on the use 
made of these funds. 
Article 5 
Should the Community fail to make the payments provided for in Articles 2 
and 3, the application of this Protocol may be suspended. 
Article 6 
The Annex to the Agreement between the European Community and the Government 
of the Democratic Republic of Sâo Tome e Principe on fishing off Sâo Tome e 
Principe is hereby repealed and replaced by the Annex to this Protocol. 
Article 7 
This Protocol shall enter into force on the date on which it is signed. 
It shall apply from 1 June 1993. 
4 
ANNEX 
Conditions for the exercise of fishing activities 
by Community vessels in Sào Tome e Principe'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 
Commerce, Industry, Tourism and Fisheries of Sào Tome e Principe, via the 
Commission Delegation responsible for Sâo Tome e Principe, 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. 
Th«.' appl teal i on» nhall bo made on the forms provided for that purpose by the 
Government of the Democratic Republic of Sào Tome e Principe, a specimen of 
which is attached hereto (Appendix 1). 
Licences shall be issued by the Sâo Tome e Principe 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 Sâo Tome e Principe. 
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 Commerce, Industry, Tourism and 
Fisheries of Sâo Tome e Principe via the Delegation of the Commission of the 
European Communities responsible for Sâo Tome e Principe. 
Ao 
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 Sào Tome e Principe's fishing zone. 
4. The competent authorities of Sâo Tome e Principe 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 Sào 
Tome e Principe 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 or surface long-liner 
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 or surface long-
liner 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 
Espanol de Oceanografia (IEO). The statement shall be forwarded 
simultaneously to the competent authorities of Sào Tome e Principe and to 
the shipowners. Any additional payment due shall be made by the shipowners 
to the National Bank of Sâo Tome e Principe 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. 
M 
7. Community vessels shall keep a fishing log, in accordance with the model 
in Appendix 2, for each fishing period spent in Sâo Tome e Principe's 
fishing zone. The form shall be sent to the Ministry of Commerce, Industry, 
Tourism and Fisheries, via the Delegation of the Commission of the European 
Communities responsible for Sào Tome e Principe, within 45 days of the end 
of the fishing trip spent in the Sâo Tome e Principe fishing zone. 
Forms must be completed legibly and signed by the master of the vessel. 
8. Every time they enter or leave Sào Tome e Principe's fishing zone, 
Community vessels shall communicate the volume of catch held on board at 
that time to the radio station on Sâo Tome e Principe. The call sign shall 
be communicated to shipowners when the licence is issued. 
A vessel caught fishing without having notified the radio of Sào Tome e 
Principe shall be considered an unlicensed vessel. 
In cases where this radio communication cannot be used, vessels may use 
alternative means such as telex or fax. 
9. Tuna seiners shall endeavour on a voluntary basis to make any by-catches 
available to the Sâo Tome e Principe authorities at a price fixed by mutual 
agreement. 
10. Vessels shall allow on board observers at the request of the authorities 
of Sâo Tome e Principe. 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. 
At the request of the authorities of Sâo Tome e Principe, owners of tuna 
fishing vessels shall endeavour to sign on three Sâo Tome e Principe seamen 
for all the Community tuna seiners, all such seamen to be assigned to 
different vessels. The conditions of employment and remuneration shall be 
fixed by mutual agreement between the shipowners and representatives of the 
seamen. 
K, 
11. The» international standardn on tuna fishing as recommended by Iccat 
shall apply. 
12. The Delegation of the Commission of the European Communities responsible 
for Sào Tome e Principe shall be notified within 48 hours of any boarding 
within Sào Tome e Principe'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. 
•12*. 
Appendix I • 
DEMOCRATIC REPUBLIC OF SAO TOME E PRINCIPE 
MINISTRY OF AGRICULTURE AND FISHERIES 
FISHING LICENCE APPLICATION N» .... 
Name of applicant :_ 
Address of applicant: 
Name and address of shipowner: 
Name tad address of any representative in Sio Tome e Principe : 
Name of vessel: 
Type of vessel : 
Country of registration : 
Port and ugûtiation number: 
External identification of «esse! : 
Radio call sign and frequency : 
Length of vessel : _________ 
Width of vend: 
Engine type and rating: 
Hold capacity: 
Minimum crew : 
Type of fishing: 
Species to be fished 
Period of validity sought: 
*I hereby certify that this mformation is correct and that I know and agree with and undertake to observe and 
enforce the laws of the Democratic Republic of Sio Tome e Principe concerning fishing and the sea. and all 
applicable international legislation.* 
Date: 
The Applicant 
^ Appendix 2 
TUNA BOATS FItHINQ LOO BOOK 
Vtstel name : ..,.-,...„ Gross tonne» :... 
Rag country :..._ „ Capacity (TM) : 
Registration No :..... Cepteln : 
Company of owner : -» j No of crew : 
Address : Reporting date : 
Reported by : Boat left : 
Boat 
returned : 
No of days 
at see : Month Day Yaar Port 
No of fish­
ing days : 
No of sets 
made: fishing Modelltlea 
Q Longllne 
0 Bait boat 
O Purse seiner 
a Trolling 
a Others 
Trip 
number : 
Dates 
! 
i 
...._., i 
S Area 
Lati* Longi­
tude tudt 
N/S E/W I 
I:::: If 
âl if 51 « Thi 
No 
( 
i 
• 1 
Landing weight (in kg) Catches 
isfin 
innvs 
ceoyi 
kg Yeliowfin 
tuna 
Thunmiê 
êlbêCêfê 
No kg 
= Btgtyo 
tuna 
Thunnus 
ob*$us 
No ^ Albtcora 
Thunnui 
êlêlungê 
No * Swordfith 
Xiphiêi 
gtêdivs 
No 
• kg WhHt 
merlin 
Têtrêptvnut 
êudêM 
No kg Black 
martin 
Mêkêkê 
Indicé 
No kg Sftllfith 
litbphorui 
tppo. 
No kg 
« Skipjack 
Kêtiuwonui 
pêlêmiê 
No kg Miscall, 
aneous 
fishes 
No kg 
„ Dairy 
total (kg) 
No kg Bait used 
1 
•• • I J 
J , 
.43 
FINANCIAL STATEMENT 
DATE 
1. BUDGET HEADING : B7-800 APPROPRIATIONS 
2. TITLE : New EC/Sâo Tome e Principe protocol 
3. LEGAL BASIS : EC/Sâo Tome e Principe agreement on fishing off the Sâo Tome 
coast 
4. AIMS OF PROJECT Protocol for a period of 3 years 
- financial compensation 
- scientific programme 
- study programme 
5. FINANCIAL IMPLICATIONS 
5.0. EXPENDITURE 
- charged to the EC budget 
(refunds/intervention) 
- national administration 
- other 
5.1. REVENUE 
- own resources of the EC 
(levies/customs duties) 
- national PERIOD OF 12 
MONTHS CURRENT 
FINANCIAL 
YEAR (93) 
725.000 ECU 
(annual 
average) FOLLOWING 
FINANCIAL 
YEAR (94) 
725.000 ECU 
(annual 
average) 
5.0.1. ESTIMATED EXPENDITURE 
5.1.1. ESTIMATED REVENUE 
5.2. METHOD OF CALCULATION - financial contribution 
- scientific programme 
- study grants 
Financial compensation 
Average annual cost 1.650.000 ECU 
250.000 ECU 
275.000 ECU 
2.175.000 ECU 
725.000 ECU 
6.0. CAN THE PROJECT BE FINANCED FROM APPROPRIATIONS ENTERED IN 
THE RELEVANT CHAPTER OF THE CURRENT BUDGET ? YES/-
6.1. CAN THE PROJECT BE FINANCED BY TRANSFER BETWEEN CHAPTERS 
OF THE CURRENT BUDGET ? 4ti»6/NO 
6.2. IS A SUPPLEMENTARY BUDGET NECESSARY ? -¥#6/NO 
6.3. WILL FUTURE BUDGET APPROPRIATIONS BE NECESSARY ? 
OBSERVATIONS : YES/AJÔ, 

ISSN 0254-1475 
COM (93) 177 final 
DOCUMENTS 
EN 11 03 
Catalogue number : CB-CO-93-205-EN-C 
ISBN 92-77-55259-X 
OSïce for Official Publications of the European Communities 
L-2985 Luxembourg A(j