COMMISSION OF THE EUROPEAN COMMUNITIES 
COM(94) 387 final 
Brussels, 16.09.1994 
94/0207 (CNS) 
Proposal for a 
COUNCIL DECISION 
on the conclusion of the Agreement in the form of an exchange of letters 
on the provisional application of the Protocol establishing, for the period 
from 1 July 1994 to 30 June 1997, the fishing opportunities and 
financial compensation provided for in the Agreement between 
the European Community and the Government of the 
Republic of Equatorial Guinea on fishing off Equatorial Guinea 
Proposal for a 
COUNCIL REGULATION (EC) 94/0207 (CNS) 
on the conclusion of the Protocol establishing, for the period 
from 1 July 1994 to 30 June 1997, the fishing rights and financial compensation 
provided for in the Agreement between the European Community and the 
Government of the Republic of Equatorial Guinea 
on fishing off the coast of Equatorial Guinea 
(presented by the Commission) 
I 
EXPLANATORY MEMORANDUM 
The protocol annexed to the fisheries agreement between EC and the Equatorial 
Guinea expired on 26.6.1992- A new protocol was initialled by the two parties 
on 30.6.1994, setting technical and financial terms governing fishing by EC 
vessels in the Equatorial Guinea waters for the period 1.7.1994 to 30.6.1997. 
The Commission proposes on this basis that the Council adopt 
by a Decision, the proposal for an agreement in the form of an exchange of 
letters on provisional application of the new protocol pending its entry 
into force 
by a Regulation, the protocol setting fishing rights and the technical and 
financial terms thereof agreed between the EC and the Equatorial Guinea 
from the period 1.7.1994 to 30.6.1997. 
J 
PROPOSAL FOR A 
COUNCIL DECISION 
on the conclusion of the Agreement in the form of an exchange of letter* on the 
provisional application of the Protocol establishing, for the period from 1 JuLy 
19*4 to30 June 19S 7 the fishing opportunities and financial compensation 
provided for in the Agreement between the European Community 
and the Government of the Republic of Equatorial Guinea on fishing off 
Equatorial Guinea 
TUB COUNCIL OP THE EUROPEAN UNION 
Having regard to the Treaty ettabtdhing the Buropcan 
Community. 
Having regard to the Agreement between the Buropcan 
Community and the Government of the 
Republic of Equatorial Guinea on fishing off 
Equatorial Guinea (1), ' 
Having; regard to the-proposal from the Commlulon. 
Whereas'; the ; Community and the Republic of Equatorial 
Guinea held negotiation» to determine the amendments 
or additions to be made to the abovementloned Agree­
ment on the expiry of the application period of the 
Protocol to the Agreement ; 
Whereas, as a result of those negotiations, a new Protocol 
was Initialled on 30 June 1994; 
Whereas the Protocol provides Community fishermen 
with fishing opportunities In waters over which the 
Republic of Equatorial Guinea has sovereignty 
from 1 July 1994 to 30 June 1997; 
Whereas, in order to avoid any longer interruption in the fishing 
activities of Community vessels, the new Protocol should 
be applied as toon as possible ; whereas for this, reason the 
two Parties have initialled an Agreement in the form of 
an exchange of letters providing for the provisional appli­
cation of the initialled Protocol from 1 July 1994; 
whereas that Agreement should be approved, pending a final decision to be taken on the basis of Article 4.Î of ihc 
Treaty. 
HAS DECIDED AS FOLLOWS : 
Art tilt I 
The Agreement in the form of an exchange of letters on 
the provisional application of the Protocol establishing. 
for the period from 1 July 199 4 to30 June 19V?. the 
fishing opportunities and financial compensation 
provided for in the Agreement between the European 
Community and the Government of the 
Republic of Equatorial Guinea on fishing off Equatorial Guinea is 
hereby approved on behalf of the Community. 
The text of the Agreement is attached to this Decision. 
Article 2 
The President of the Council is hereby authorized to 
designate the persons empowered to sign the Agreement 
in the form of an exchange of letters in order to bind the 
Community. 
Done at Brussels, 
For the Council 
Tlte President 
(') OJ No L 29, 30.1.198? p. I. 
y 
AGREEMENT 
in the form of an Exchange of Letters concerning the provisional application of the Protocol 
establishing, for the period from 1 July 1994 to 30 June 1997, the fishing rights and financial 
compensation provided for in the Agreement between the European Community and the 
Government of the Republic of Equatorial Guinea on fishing off the coast of Equatorial Guinea 
A. Letter from the Government of Equatorial Guinea 
Sir, 
With reference to the Protocol initialled on30 June!994 establishing fishing rights and financial 
compensation for the period from 1 Julyl994 to 30 June! 99.7,1 have the honour to inform you that 
the Government of Equatorial Guinea is ready to apply this Protocol on a provisional basis, with effect 
from i JLI|W 1994, pending its entry into force in accordance with Article ? 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 30 Noverrfcierl994. 
I should be obliged if you would confirm die European Community's agreement to such 
provisional application. 
Please accept, Sir, the assurance of my highest consideration. 
For the Government of 
the Republic of Equatorial Guinea 
B. Letter from the Community 
Sir, 
I have the honour to acknowledge receipt of your letter of today's date, which reads as follows: 
'With reference to the Protocol initialled on 30 Junel9Ç4 establishing fishing rights and financial 
compensation for the period froml July 1994 to30 Junel997,1 have the honour to inform you 
that the Government of Equatorial Guinea is ready to apply this Protocol on a provisional basis, 
with effect from 1 J u ly 1994, 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 by30 November 1994. 
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 Council 
of the European Union 
Proposal for a 
COUNCIL REGULATION ( EC) T 
on thé conclusion of the Protocol establishing for the period 1 July 1994to30 June 1997 the 
fishing rights and financial compensation provided for in the Agreement between the European 
Community and the Government of the Republic of Equatorial Guinea on fishing off 
the coast of Equatorial Guinea 
THE COUNCIL OF THE EUROPEAN UNION. 
Having regard to the Treaty establishing the European 
Community, and in particular Article 228 (2) and (3) first 
subparagraph, in conjunction with Article 43. 
Having regard to the proposal from the Commission, 
Having regard to the opinion of the European 
Parliament ('), 
Whereas, pursuant to the Agreement berween the European 
Community and the Government of the Republic 
of Equatorial Guinea on fishing off the coast of Equatorial 
Guinea (2) 
the two Parties conducted negotiations to determine the 
amendments or additions to be made to the Agreement at the 
end of the period of application of the Protocol; 
Whereas, as a result of these negotiations, a new Protocol 
establishing the fishing rights and financial compensation 
provided for in the abovementioned Agreement for the 
period 1 July 1994to 30 June Ï9S7 was initialled on 
30 June 1994; HAS ADOPTED THIS REGULATION: 
Article 1 
The Protocol establishing, for the period 1 ju|v ^994 ^0 ^Q 
June 1997, the fishing rights and financial compensation 
provided for in the Agreement between the European 
Community and the Government of the Republic 
of Equatorial Guinea on fishing off the coast of Equatorial 
Guinea is hereby approved on behalf of the Community. 
The text of the Protocol is attached to this Regulation. 
Article 2 
The President of the Council is hereby authorized to 
designate the persons empowered to sign the Protocol in 
order to bind the Community. 
Article 3 
This Regulation shall enter into force on the third day 
following its publication in the Offical Journal of the 
European Communities. 
Whereas it is in the Community's interest to approve the 
Protocol, 
This Regulation shall be binding in its entirety and directly applicable in all Member 
States. 
Done at Brussels, 
For the Council 
The President 
(') OJ NoC 
(2)OJ NoL.29. 30. 1. 1987, p. 1 
PROTOCOL 
establishing for the period from 1 July 1994 to 30 June 1997 the fishing rights and financial 
compensation provided for in the Agreement between the European Community 
and the Government of the Republic of Equatorial Guinea on fishing off the coast of Equatorial 
Guinea • G 
Article J Article 4 
For a period of three years from 1 July 1994, the fishing 
rights granted pursuant to Article 2 of the Agreement shall be 
freezer tuna seiners: 47 vessels 
surface longliners: 2 vessels 
polc-and-line tuna vessels: 4 vessels 
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 412 500, payable in three equal annual instalments. 
This compensation shall cover a catch weight in waters of 
Equatorial Guinea of 2.750 tonnes of tuna fished per year. 
If the tuna caught by Community vessels in Equatorial 
Guinea's fishing zone exceeds this weight, the amount 
referred to above shall be proportionately increased. 
2. The use to which this compensation is put shall be the 
sole responsibility of the Government of the Republic of 
Equatorial Guinea. 
3. The compensation shall be paid into account No 4160 
of the Treasury of Equatorial Guinea, opened at the 'Banque 
des Etats d'Afrique Central* (BEAC) in Malabo. Any changes 
shall be notified to the Commission of the European 
Communities. 
Article 3 The two Parties agree that improving the skills of those 
involved in sea fishing is a vital element in the success of their 
cooperation. To that end, the Community shall make it 
easier for nationals of Equatorial Guinea to find places in 
establishments in its Member States and shall provide for that 
purpose, during the period referred to in Article 1, awards for 
study and practical training in the various scientific, technical 
and economic disciplines relating to fisheries. The awards 
may also be used in any State linked with the Community by a 
cooperation agreement. The total cost of the awards may not 
exceed ECU"] 27 500 • At the request of the Equatorial 
Guinea authorities, part of this sum may be used to cover the 
costs of participation in international meetings or training 
courses concerning fisheries. 
The sum shall be payable as and when it is used. 
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 Republic 
of Equatorial Guinea on fishing off the coast of Equatorial 
Guinea is hereby repealed and replaced by the Annex to this 
Protocol. 
The Community shall also contribute, during the period 
referred to in Article 1, the sum of ECU12 0 000 towards the 
financing of an Equatorial Guinea scientific or technical 
programme to improve information on the fishery resources 
within the exclusive economic zone of Equatorial Guinea. 
This sum shall be made available to the Government of the 
Republic of Equatorial Guinea and paid into the account 
indicated by the Equatorial Guinea authorities. Article y 
This Protocol shall enter into force on the date on which it is 
signed. 
It shall apply with effect from 1 Jjuly 1994, 
The competent authorities of Equatorial Guinea shall send 
to the Commission a brief report on the utilisation of the 
funds. 
? ANNEX 
CONDITIONS FOR THE EXERCISE OF FISHING ACTIVITIES BY COMMUNITY VESSELS IN 
EQUATORIAL GUINEA'S FISHING ZONE 
A. Licence application and bluing formaline» 
The procedure for application* for. and istuc of, the licence* enabling vessel* flying the flag* of the Member 
State* of the Community to fish in Equatorial Guinea'» fiihlng zone «hall be a* follow»: 
The relevant Community authorities «hall prêtent to the Minittry of Water. Forestry and Reafforestation of 
the Republic of Equatorial Guinea, via the delegation of «he Commission of the European Communities in 
Equatorial Guinea, an application for each vessel that i* to be used for fishing under the Agreement 
The applications shall be made on the forms provided for that purpose by the competent authorities of the 
Republic of Equatorial Guinea, a specimen of which is attached hereto (Annex 1). 
Once signed, the 
licences shall be issued by the Equatorial Guinea authorities to the shipowners or their representatives via the 
delegation of the Commission of the European Communities in Equatorial Guinea within 15 working days of 
the date on which the application was submitted. 
However, at the request of the 
European Economic Community, and where force majeure is proven, 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 Water, Forestry and Reafforestation of the Republic of 
Equatorial Guinea via the delegation of the Commission of the European Communities • 
The new licence «nail indicate: 
— the date of issue, 
— the fact that the licence cancels and replaces that granted to the previous vessel. 
In this case, no new lump sum shall be due. 
The licence document must be held on board at all times. However, on receipt of the notification of the advance 
payment sent by the Commission of the European Communities to the authorities of Equatorial Guinea, the vessel 
will be included on a list, to be notified to the fisheries control authorities of Equatorial Guinea. Whilst awaiting 
receipt of the licence document, a fax copy of this licence document may be obtained and.shall be kept on board, 
which will authorise the vessel to fish, pending delivery on board of the licence document. 
Licences shall be valid for a period of one year. They are renewable. 
The fees shall be ECU 20 per tonne caught within Equatorial Guinea's fishing zone 
The competent authorities of Equatorial Guinea shall indicate the detailed rules for payment of the fees, in particular the bank 
accounts and currencies to be used. 
Licences shall be issued following payment to the Ministry of Water. Forestry and Reafforestation of a lump sum of ECU 1000 
a year for each tuna seiner and ECU 200 a year for each pole-and-line tuna vessel and surface longliner 
B. Declaration of catches and breakdown of fees due by shipowners ^ 
The captain shall complete a fishing form corresponding to the model given in Appendix 2 for each period spent fishing in 
Equatorial Guinea's fishing zone. 
The form, which must be legible and signed by the captain of the ship, shall be sent without delay to ORSTOM or Spanish 
Occanographical Institute, for processing. 
Should this provision not be adhered to, the Government of Equatorial Guinea reserves the right to 
suspend the licence of the offending vessel until the formality has been complied with and to apply the 
penalties laid down under fisheries law No 2/1987 of 16 February 1987. 
Member states shall inform Llie Commission of the European commun 11 it» s 
before IS April of the tonnages caught during the past year, as 
confirmed by the scientific institutes. On the basis ot those figures 
the Commission shall establish a breakdown of the fees due in respect- >.i 
a fishing year which »t shall then send to the authorities of Equatorial Guinea 
for their comments. 
Shipowners shall be notified by the Commission <>( the European 
Communities of this breakdown by the end of April at t lit- latest ami 
shall have 30 days in which to meet their financial obligations. The 
shipowner cannot recover the balance in cases where the amount payable 
in respect of actual fishing operations is less than the advance 
payment. 
C . Inspection and monitoring 
Any Community vessel fishing in Equatorial Guinea's fishing zone shall allow on board any official of 
Equatorial Guinea responsible for inspection and monitoring and shall assi«t him in the accompluhment of hi» 
duties. The official mu«t not remain on board any longer than it necessary for the verification of catches by 
random checks and for any other inspection relating to fishing activities. 
D . Fishing cone* 
The vessels referred to in Article I of the Protocol shall be authorized to fish in waters beyond four nautical 
miles from the base lines. 
E. Entering and leaving the zone 
Alt Community vessels fishing under the Agreement in the Equatorial Guinea zone shall communicate to the 
radio station indicated on the licence the date and time and their position when entering and leaving the 
Equatorial Guinea fishing zone. 
'. Procedure in case of boarding 
|. The delegation of the Commission of the European Communities in Equatorial Guinea shall be notified 
within two working days of any boarding within the Equatorial Guinea exclusive economic zone of a 
fishing vessel flying the flag of a Member State of the Community and holding a valid licence granted under 
the Agreement. The authorities shall at the tame time receive a brief report of the circumstances and 
reasons leading to the boarding. 
2. Before any measures regarding the master or the crew of the vessel or any action regarding the cargo and 
equipment of the vessel arc considered, other than those to safeguard evidence relating to the presumed 
infringement, a consultation meeting shall be held, within one working day from the receipt of the 
abovementioned information, between the delegation of the Commission of the European Communities in 
Equatorial Guinea, the Fisheries Department and the inspection authorities, possibly attended by a 
representative of the Member State concerned. At the meeting, the panics shall exchange any relevant 
documentation or information helping to clarify the circumstances of the established facts. The shipowner 
or his representative shall be informed of the outcome of the meeting and of any measures resulting from the 
boarding. 
J. Before any judicial procedure, an ancmpt shall be made to resolve the presumed infringement through a 
compromise procedure. This procedure shall end no later than three working days after the boarding. 
4. Should the case not be settled by meant of compromise, and therefore be brought before a competent 
Equatorial Guinea |udicial body, a reasonable bank security shall be fixed by the competent authority 
within two working days, following the conclusion of the compromise procedure, pending the judicial 
decision. The bank security «hall be released by the competent authority once the master of the vessel 
concerned hat been acqulncd by the judicial decision. 
9 
5. The vessel and its crew shall be released Cither: 
— at the end of the consultation meeting, if the established facts permit, 
or 
— on receipt of payment of a fine (compromise procedure), 
or 
— once a bank security is deposited (judicial procedure). 
6. Should one of the Parties consider that there is a problem in the application of the abovementioned 
procedure, it may request urgent consultations under Article 8 of the Agreement. 
4-
Annex 1 
REPUBLIC OF EQUATORIAL GUINEA 
APPLICATION FOR A RSHING LICENCE 
1. Valid from: to: 
2. Name of vessel: 
3. Name of shipowner: 
4. Port and registration number: 
5. Type of fishing: 
6. Authorized mesh size: 
7. Length of vessel: 
8. Width of vessel: 
9. Gross registered tonnage: 
10. Hold capacity: 
11. Engine rating: 
12. Type of construction: 
13. Usual number of seamen aboard: 
14. Radio/electricai equipment: 
15. Master's name: 
The above information is the sole responsibility of the shipowner or his representative. 
Date of application: 
Annex 2 ICCAT LOGBOOK for TUNA FISHERY 
Vtsstl mmt 
Flag country 
Rtgistrslion No 
Comptny or Owntr 
Addrtss 
Otltt 
c 
I 
2 1 
0 
0 
0 
0 
0 
0 
n> 0 
0 
1 
1 
1 
1 
1 
1 
1 
1 
t 
1 
2 
2 
2 
2 
2 
2 
2 
2 
2 
2 
3 
3 1 
2 
3 
4 
S 
6 
7 
8 
9 
0 
1 
2 
3 
4 
5 
6 
7 
a 
9 
0 
1 
2 
3 
4 
S 
6 
7 
S 
9 
0 
1 Artl 
•o m 
3 
H o 
J3 Z 1 $ 
r * 
-1 vu 
1 a 
| 
t — 
3 Effort 
(Numbtr 
of 
Hooka 
ustdl 
' 
landing wtlghi lin kg) Orott Ion» 
Capacity (M. T.) 
Captain 
No of crtw 
Reporting dttt 
Rtporttd by Bosl LEFT 
Bost RETURNED 
Numbtr of dtys it sti month day 
days ytar 
19 port 
Numbtr of flahing dtys or 
numbtr of tut mada O long*» 
O Bartboal 
0 Purs* stmt 
D TroMng 
0 Omar» 
Ptgt of poet» 
Trip numbtr 19 -
C A T C H E S 
Blutfin lunt 
Thunnus Ihynnus 
or msccoyil 
numbtr 
fish wtight 
in kg Ytllowfln luni 
Thunnus êlbtcsrt) 
No *fl Bigtyt lum 
Thunnus obssus 
No kg Albtcort 
Thunnus ilslungs 
No xg Swordfish 
Xiphlas glsaius 
No kg Slrlptd martin 
Whit» marlin 
Tslrspiurus sudix 
or slbldus 
No k9 Black marlin 
Uiksln India 
No kg Salltlah 
Isltophorus 
sibvtns or 
plttypltrus 
No kg Sklplack 
Kslsuwomjt 
ptlsmis 
No kg Miscellaneous 
flahts 
Sp kg 0*»y total 
(Inwotght) 
kg only) WMtl 
1 1 j , 
^ 
^ 
1. Usa ont shtti ptr month and ont lint ptr dty. 
2. Al tht tnd o' tach trip, forward » copy of tha log lo your corraspondani or to ICCAT, Otntral Mola 17. Madrid 1. Spam 
3. 'Day' rtltrt 10 Iht day you sal Iht lint 4 Fishing araa rtltrt lo tht noon posllion of tht botl. Round off minuit», tnd rteord dtgrttt of lallludt tnd longitudt. Bt sur* to record N/S tnd E/W. 
i. Tht bottom lint ('landing wtlghi') should bt compitltd only ai iht tnd of tht trip. Actual wtighi it iht tlmt of unloading should bo rocordod. 
6. All information rtporttd htrtin will bt ktpt strictly confidential. 
1 e 
FINANCIAL STATEMENT 
DATE 
1. BUDGET HEADING :B7-800 
2. TITLE : New protocol ÉC/Equatorial Guinea 
3; LEGAL BASIS : Agreement EC/Equatorial Guinea 
4. AIMS OF PROJECT : Protocole for a period of 3 years 
5. FINANCIAL IMPLICATIONS 
5.0. EXPENDITURE 
- charged to the EC budget 
(refunds/intervention) 
- national administration 
- other 
5.1. REVENUE 
- own resources of the CE 
(levies/customs duties) 
- national PERIOD OF 
12 MONTHS CURRENT 
FINANCIAL 
YEAR (94) 
220.000 ECU 
(annual 
average) FOLLOWING 
FINANCIAL 
YEAR (95) 
220.000 ECU 
(annual 
average) 
1994 
5.0.1. ESTIMATED 
EXPENDITURE 220.000 
(annual 
average) 1995 
220.000 
(annual 
average) 1996 
220.000 
(annual 
average) 1997 
5.2. METHOD OF CALCULATION: 
- financial contribution : 
- scientific programme : 
- study grants : 
Financial compensation : 
Average annual cost : 412.500 ECU 
120 000 ECU 
127.500 ECU 
660.000 ECU 
220.000 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 ? YES/++ 
6.2. IS A SUPPLEMENTARY BUDGET NECESSARY ? +++/NO 
6.3. WILL FUTURE BUDGET APPROPRIATIONS BE 
NECESSARY ? YES/++ 
OBSERVATIONS : 
'13 
ISSN 0254-1475 
COM(94) 387 final 
DOCUMENTS 
EN il 03 
j 
Catalogue number : CB-CO-94-404-EN-C 
ISBN 92-77-80540-4 * 
Office for Official Publications of the European Communities 
L-2985 Luxembourg