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 defining for the period 1 June 1996 to 31 May 1999 the fishing opportunities and the financial contribution provided for by the Agreement between the European Community and the Democtatic Republic of São Tome e Principe on fishing off the coast of São Tome e Principe
Date: 1996-07-24
Institutions: European Commission
Subjects: São Tomé and Príncipe, agreement (EU), financial compensation of an agreement, fishing agreement, protocol to an agreement, sea fishing

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COMMISSION  OF THE  EUROPEAN  COMMUNITIES 

Brussels,  24.07.1996 
COM(96) 394  final 

96/0199  (CNS) 

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  defining  for  the  period  1 June  1996  to  31 May  1999 
the fishing opportunities  and  the  financial  contribution  provided  for  by  the  Agreement 
between  the European  Community  and  the  Democratic  Republic  of Sâo Tome  e  Principe 
on  fishing  off  the  coast  of  Sâo  Tome  e  Principe 

Proposal  for  a 

COUNCIL  REGULATION  (EO 

on  the  conclusion  of  the  Protocol  defining, 
for  the  period  from  1 June  1996  to  31 May  1999, 
the  fishing  opportunities  and  the  financial  contribution  provided  for  by 
the  Agreement  between  the  European  Community  and 
the  Democratic  Republic  of Sâo Tome  e  Principe 
on  fishing  off  Sâo  Tome  e  Principe 

(presented  by the  Commission) 

EXPLANATORY  MEMORANDUM 

The  protocol  annexed  to  the  fisheries  agreement  between  EC  and  Sâo  Tome  e  Principe 

expired  on  31.05.1996.  A  new  protocol  was  initialled  by  the  two  parties  on  23.05.1996, 

setting  technical  and  financial  terms  governing  fishing  by  EEC  vessels  in  Sâo  Tome  e 

Principe waters for the period  01.06.1996  to 31.05.1999. 

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  Sâo  Tome  e  Principe  from  the  period 

01.06.1996  to 31.05.1999. 

£ 

Proposai  for  a 
COUNCIL  DECISION 

of 

on  the conclusion  of  the  Agreement  in  the  form  of  an  Exchange  of  Letters  concerning  the 
provisional  application  of  the  Protocol  defining  for  the  period  1 June  1996  to  31  May  1999 
the fishing opportunities  and  the  financial  contribution  provided  for  by  the  Agreement  S 
between  the  European  Community  and  the  Democratic  Republic  of  Sâo  Tome  e  Principe 
on  fishing  off  the  coast  of  Sâo  Tome  e  Principe 

THE  COUNCIL  OF  THE  EUROPEAN  UNION, 

Having  regard  to the Treaty  establishing  the European  Community, 

Having  regard to the Agreement  between  the European  Community  and the Democratic  Republic 

of  Sâo Tome  e Principe  on  fishing  off  Sâo Tome  e Principe  ('), 

Having  regard  to the proposal  from  the  Commission, 

Whereas  the  Community  and  the  Democratic  Republic  of  Sâo  Tome  e  Principe  have  held 

negotiations with a view to determining amendments to be made to the abovementioned  Agreement 

at  the  end  of  the  period  of  application  of  the  Protocol  in  force  which  is  annexed  to  the  said 

Agreement; 

Whereas, as a result  of these negotiations, a new Protocol  was  initialled  on  23rd  May  1996; 

Whereas,  under  that  Protocol,  Community  fishermen  have  fishing  rights  in  the  waters  under  the 

sovereignty  or  jurisdiction  of  the  Democratic  Republic  of  Sâo  Tome  e  Principe  for  the  period 

1st June  1996 to  31st May  1999; 

Whereas, in order to avoid interruption of fishing activities by Community  vessels, both parties have 

initialled  an  Agreement  in  the  form  of  an  Exchange  of  Letters  providing  for  the  provisional 

application of the said Protocol from  the day following the date of expiry of the  Protocol  previously 

in force; whereas the Agreement in the form  of an Exchange of Letters should be approved  subject 

to a definitive  decision  pursuant  to Article 43 of the Treaty, 

C)  OJ No L 54,  25.2.1984,  p. 1. 

Whereas the allocation  of  fishing  possibilities  among  the Member  States  should  be determined  on 

the basis of the traditional  allocation  of  fishing  possibilities  under  the  fisheries  agreement; 

HAS DECIDED AS FOLLOWS: 

Article 1 

The Agreement in the form of an Exchange of Letters concerning the provisional  application  of the 

Protocol defining, for the period  1 June  1996 to 31  May  1999, the fishing  opportunities  and  the 

financial  contribution  provided  for  by  the  Agreement  between  the  European  Community  and  the 

Democratic  Republic  of  Sâo  Tome  e  Principe  on  fishing  off  Sâo  Tome  e  Principe  is  hereby 

approved on behalf of  the  Community. 

The text of the Agreement  in the form  of  an Exchange  of Letters  is attached  to this Decision. 

Article 2 

The  fishing  possibilities  provided  for  in  the  Protocol  are  allocated  among  the  Member  States  as 

follows: 

freeze  tuna  seiner:  France  18, Spain  19 

pole  and  line tuna vessels: France  7 

surface  long-liners:  Spain  20, Portugal  5. 

If licence  applications  from  these Member  States  do not  exhaust  the fishing  possibilities  provided 

for in the Protocol the Commission may entertain licence applications from  any other Member State. 

Article 3 

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 

The  President 

Proposai  for  a 

COUNCIL  REGULATION  (EC)  No 
of 

SC W^  C0*^ 

. 

l 

on  the conclusion  of  the  Protocol  defining, 
for  the  period  from  1 June  1996  to 31  May  1999, 
the fishing  opportunities  and  the  financial  contribution  provided  for  by 
the Agreement  between  the  European  Community  and 
the  Democratic  Republic  of Sâo Tome e  Principe 
on fishing off  Sâo Tome  e  Principe 

THE  COUNCIL  OF  THE  EUROPEAN  UNION» 

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

thereof,  in  conjunction  with  Article 228(2)  and  (3)  first  subparagraph  thereof, 

Having  regard  to the proposal  from  the Commission,(') 

Having  regard  to the Opinion  of  the  European  Parliament  (2), 

Whereas, in accordance with the Agreement between the European  Community  and the Democratic 
Republic of  Sâo Tome e Principe on fishing  off  (3), the Contracting  Parties held negotiations  with 

a  view  to  determining  amendments  to  be  made  to  that  Agreement  at  the  end  of  the  period  of 

application  of  the Protocol  attached  to the said  Agreement; 

Whereas, as a result of these negotiations, a new Protocol  defining  for  the period from  1 June  1996 

to  31  May  1999  the  fishing  opportunities  and  the  financial  contribution  provided  for  by  the 

abovementioned  Agreement  was initialled  on  23 May  1996; 

Whereas  it  is in  the Community's  interest  to  approve  that  Protocol; 

Whereas  the allocation  of  fishing  possibilities among  the Member  States  should  be determined  on 

the basis of  the traditional  allocation  of  fishing  possibilities  under  the fisheries  agreement; 

OOJ  N°  C 
(2)  Opinion delivered on 
<3)  OJn°  L 54 of  25.2.1984,  p.  1. 

(not yet  published in the Official Journal), 

5 

HAS  ADOPTED  THIS  REGULATION: 

Article 1 

The Protocol  defining,  for  the period from  1 June  1996 to 31 May  1999, the fishing  opportunities 

and the financial  contribution provided for by the Agreement between the European Community and 

the Democratic  Republic  of  Sâo  Tome  e Principe  on  fishing  off  Sâo  Tome  e Principe  is  hereby 

approved  on behalf  of the  Community. 

The text of the Protocol  is attached  to this Regulation. 

The  fishing  possibilities  provided  for  in  the  Protocol  are  allocated  among  the  Member  States  as 

Article 2 

follows: 

-  freezer  tuna  seiners: France  18, Spain  19 

-  pole-and-line tuna vessels: France  7 

-  surface  long-liners:  Spain, 20, Portugal  5 

If  licence  applications  from  these Member  States  do not  exhaust  the fishing  possibilities  provided 

for in the Protocol the Commission may entertain licence applications from  any other Member State. 

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  that  of  its  publication  in  the 

Official  Journal  of the European  Communities. 

Article 4 

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

Done  at  Brussels, 

For the  Council 

The President 

AOREEMENT 
IN THE FORM  OF AN EXCHANGE  OF LETTERS 
CONCERNING  THE PROVISIONAL  APPLICATION  OF THE 
PROTOCOL  ESTABLISHING  THE FISHING  OPPORTUNITIES 
AND THE  FINANCIAL  CONTRIBUTION  PROVIDED  FOR IN 
THE AGREEMENT  BETWEEN  THE EUROPEAN  COMMUNITY  AND 
THE  GOVERNMENT  OF THE  DEMOCRATIC  REPUBLIC  OF  SÂO TOME AND 
PRINCIPE  ON FISHING  OFF THE COAST  OF  SÂO TOME AND  PRINCIPE 
FOR  THE PERIOD  1 JUNE  1996 TO  31 MAY  1999 

A. Letter from  the  Government  of the Democratic  Republic  of  Sa~o Tome and  Principe 

Sir, 

With reference  to  the  Protocol  initialled  on  23 May  1996 establishing  the  fishing  opportunities  and  the 
financial  compensation  for  the period  1  June  1996 to 31 May  1999,1 have the honour to inform  you that 
the Government  of the Democratic  Republic of Sâo Tome and Principe  is ready  to apply  the Protocol on 
a provisional basis, with effect  from  1  June  1996, pending  its entry  into  force  in accordance  with  Article 
7  of  the Protocol, provided  that  the Community  is prepared  to do  the  same. 

This is on the  understanding  that  the  first  annual  instalment  of  one  third  of  the  financial  compensation 
specified  in  Article  2 of  the  Protocol  is to be paid  before  31 October  1996. 

I should be  obliged  if you  would  confirm  the Community's  agreement  to  such  provisional  application. 

Please  accept, Sir, the  assurance  of  my  highest  consideration. 

For  the  Government 
of  the  Democratic  Republic  of  Sâo Tome  and  Principe 

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 23 May  1996 establishing  the fishing opportunities 
and the financial compensation  for  the period  1  June  1996 to 31 May  1999,1 have the honour to 
inform  you that  the Government  of the Democratic Republic  of  SSo Tome and Principe  is ready 
to apply  the Protocol on a provisional basis, with effect  from  1  June  1996, pending its entry  into 
force  in accordance  with  Article  7 of  the Protocol, provided  that  the  Community  is prepared  to 
do the  same. 

This  is  on  the  understanding  that  the  first  annual  instalment  of  one  third  of  the  financial 
compensation  specified  in Article  2 of the Protocol  is to be  paid  before  31 October  1996. 

I  should  be  obliged  if  you  would  confirm  the  Community's  agreement  to  such  provisional 
application." 

I  have the honour  to confirm  the Community's  agreement  to  such  provisional  application. 

Please accept, Sir, the  assurance  of my  highest  consideration. 

On  behalf  of  the  Council 
of  the European  Union 

•PROTOCOL 
ESTABLISHING  THE  FISHING  OPPORTUNITIES  AND THE  FINANCIAL 
COMPENSATION PROVIDE© FOR IN THE  AGREEMENT BETWEEN  THE 
EUROPEAN COMMUNITY  AND THE  GOVERNMENT  OF THE 
DEMOCRATIC REPUBLIC OF SÂO TOME AND  PRÎNCIPE ON  FISHING 
a©FF TOE COAST HFSÂO TOME AND PRINCIPE  FOR THE  PERIOD 
1  JUNE  1996 TO  31  MAY  1999 

ARTICLE 1 

For a  period  of  three  years  from  1 June  1996, the  fishing  rights  granted  pursuant  to 
Article 2 of the Agreement shall  be 37 freezer  tuna seiners, 7 pole-and-line tuna vessels 
and 25  surface  long-liners. 

ARTICLE 2 

The financial  compensation  referred  to in Article 6 of the Agreement shall  be, for 
the period referred  to  in Article  I, ECU  1 800  000, payable  in three equal annual 
instalments. That amount shall  cover an annual catch of 9 000 tonnes in Sâo Tome 
ami Principe  waters.  If the tuna caught  by  Community  vessels  in  Sâo  Tome and 
Principe waters exceeds that weight, the abovementioned amount shall be increased 
by ECU  50 TOT each additional tonne caught. 

The  use to  which  this compensation  is  put shall  be the  sole  responsibility  of  the 
Government of the Democratic "Republic of Sâo Tome and Principe. It shall be paid 
into an account with the National Bank  of Sào Tome and Principe. 

ARTICLE 3 

1. 

In  addition to the amount  referred  to  in Article 2,  the  Community  shall  finance, 
during  the period referred  to  m Article  1, scientific  and technical  programmes to 
improve  biological  and  fishery  resource  information  as  regards  the  exclusive 
economic zone of Sào Tame and Principe tip to an amount of  ECU  187 500. 

2.  These  programmes  shall  be drawn  up jointly  by the  competent  authorities  of  Sâo 
Tome and 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 and Principe. 

3.  The competent authorities of SSo Tome and 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 and Principe. 

ARTICLE  4 

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,  in  addition  to  the  amount  referred  to  in  Article  2: 

(a)  make  it  easier  for  nationals  of  Sâo  Tome  and  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  up  to  an 
amount  of  ECU  35  000 
in  any  State  linked  to  the  Community  by  a 
Cooperation  Agreement; 

(b)  cover  Sâo  Tome  and  Principe's  participation 

in  the  Regional  Fisheries 
Committee  for  the  Gulf  of  Guinea  and  ICCAT  up  to  an  amount  of 
ECU  90  000; 

(c)  bear  the  costs  of  participation  in  international  meetings  or training  courses on 

fisheries  up  to  an  amount  of  ECU  62  500. 

These  sums  shall  be  paid  into  the  account  indicated  by  the  Ministry  of  Agriculture 
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 and Principe on fishing  off  Sâo Tome and 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  I June  1996. 

«, 

CONDITIONS  FOR THE EXERCISE OF FISHING ACTIVITIES  BY  COMMUNITY 
VESSELS  IN SÂO TOME AND 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: 

ANNEX 

the relevant Community authorities shall present to the Ministry of Agriculture and 
Fisheries of Sâo Tome and Principe, via the Commission Delegation responsible for 
Sâo Tome and 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. 

The  applications  shall  be  made  on  the  forms  provided  for  that  purpose  by  the 
Government of the Democratic Republic of Sâo Tome and Principe, a specimen of 
which  is attached hereto (Appendix  1). 

Licences shall  be issued by the Sâo Tome and Principe authorities  within  20 days 
of  submission  of  the application  to the shipowners  or their representatives  via the 
Delegation  of  the  Commission  of  the European  Communities  responsible  for  Sâo 
"Corné and Principe. 

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

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 shall  be due. 

The licence  must  be on  board  at all  times; however,  on  receipt  of  notification  of 
payment  of  the  advance  sent  to  the  Sâo  Tome  and  Principe  authorities  by  the 
European Commission, the vessel  shall be entered on a list of vessels authorized to 
fish,  which shall  be sent to the Sâo Tome and Principe  authorities  responsible  for 
fisheries  inspection. A copy of the licence  may be obtained by fax pending arrival 
of the licence  itself; that copy  shall  be kept on board; 

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 Sâo Tome and Principe's fishing  zone. 

/to 

4.  The competent authorities of Sâo Tome and Principe shall indicate the detailed rules 
for payment of the fees, in particular the bank accounts and currencies to be used. 

"5.  LicenpftK shall ibe issued Jof lowing ^payment to the National Bartk of Sâo Tome und 
ftàncrpe asf a  lump sum  of ECU 3  000 for each  freezer tuna seiner  per year nnd 
SOJS0D  fer  each  poke^and-lme  -tuna  vessel  or  surface  long-lmer  T«r  year, 
«prââent to "me fees for: 

150 tonnes of tuna caught per freezer  tuna seiner per year, 
25 tormes of tuna taught-per-pob-mid-linetuna vessel or surface long-liner per 
year; 

€.  A HÉhéng log  m accordance  with  the ICC AT model  in  Annex  2 shall  be kept on 

mjnuk ioT gach ftshrng period spent rn Sâo Tome and Principe's waters. It shall be 
Sited an e«en when no catches are made. 

The  words  "Outside  Sâo  Tome  and  Principe's  EEZ"  shall  be  entered  in  the 
abovememioned iog-booJc in Tespect of periods during which the said vessels are not 
in Sâo Tome and Principe waters. 

The  log-books  referred  to  fn  this  paragraph  shall  be  sent  to  the  Ministry  of 
Agriculture and Fisheries within  15 working days of vessels  arriving  in a port. 

Copies of these documents shall be sent to the scientific  institutes Teferred to m the 
third subparagraph of paragraph 7  below and to the Delegation of the Commission 
of the European  Communities responsible for Sao Tome and Principe. 

7.  Use  Sao Tome .and Principe authorities shall  draw up the statement of fees  due for 
the past calendar year on the  basis  of the  catch declarations  for  each  Community 
vessel  and of any other information  in their possession. 

Hie previous year's statement shall reach the Commission  by 31 March which shall 
forward it simultaneously  to the shipowners and national  authorities of the Member 
States concerned by  15 April. 

Where the shipowners  dispute the statement  presented  by  Sâo Tome and Principe 
1ney  may  request  the  relevant  scientific  institutes,  e.g.  France's  Institut  de  la 
Recherche  Scientifique  et  Technique  d'Outre-Mer  (ORSTOM)  and  the  Institute 
Espanol de Oceanografïa  (IEO), to verify  the catch data before  consulting with the 
SioTomé and Principe authorities with a view to drawing up the final  statement by 
15 May of the current year. In the absence of any observations from the shipowners 
by that date, the statement drawn up by the Sâo Tome and Principe authorities shall 
be  deemed  final.  Member  States  shall  forward  to  the  Commission  the  final 
statements relating to their own  fleets. 

Any payment due in addition to the advance shall be made by the shipowners to the 
National  Bank of  Sâo Tome and Principe no later than 31 May of that year. 

However, if the amount of the final  statement is lower than the advance referred to 
m paragraph  5, the resulting balance shall  not be reimbursable to the shipowner. 

41 

8.  Within 3 hours of entering or leaving the zone and every 3 days during their fishing 
activities  in  Sâo  Tome  and  Principe's  waters,  vessels  shall  be  obliged  to 
communicate their position  and the volume of the catch on board direct to the Sao 
Tome and Principe authorities preferably  by fax or, failing that, by radio in the case 
of  vessels not equipped  with fax. 

The fax  number and radio frequency  shall  be notified  on issue of the licence. 

A copy of the fax messages or of the record of radio communications shall be kept 
by the Sao Tome and Principe authorities and the shipowners until both parties have 
approved the final  statement of fees  referred to in paragraph 7. 

A  vessel  caught  fishing  without  having  notified  the  Sao  Tome  and  Principe 
authorities of  its presence shall  be considered  an unlicensed vessel. 

9.  Tuna seiners shall endeavour to make any by-catches available to the Sao Tome and 

Principe authorities at prices fixed  by  mutual agreement. 

10.  Vessels shall  allow on board observers at the request of the authorities of Sao Tome 
and Principe.  Observers must not remain on board for longer than needed to carry 
out spot checks on the catch. The master of the vessel  shall take ail necessary steps 
to facilitate  the task  of  the observers  on  board. The salary  and the  social  security 
contributions  of  the  observer  shall  be  borne  by  the  competent  authorities  of  Sao 
Tome  and Principe.  Should  the observer  be  taken  on  board  in  a foreign  port, his 
travelling  costs shall  be borne by the shipowner.  Should  a vessel  with an observer 
from  Sao  Tome  and Principe  on  board  leave  the  Sao  Tome  and Principe  fishing 
zone, all  measures must be taken to ensure the observer's return to  Sao Tome and 
Principe as soon  as possible  at the expense of the shipowner. 

At the request of the authorities of  Sao Tome and Principe, owners of tuna fishing 
vessels shall  endeavour to sign on three Sao Tome and 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. 

11.  The international standards on tuna fishing as recommended by ICC AT shall apply. 

12.  The Delegation  of  the  Commission  of  the European  Communities  responsible  for 
Sao Tome and Principe shall be notified within 48 hours of any boarding within Sao 
Tome and 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  shall  be 
submitted within  72 hours. 

/a. 

Appendix  1 

DEMOCRATIC REPUBLIC OF SAO TOME AND PRINCIPE 

MINISTRY  OF AGRICULTURE  AND FISHERIES 

FISHING LICENCE APPLICATION No 

Name of  applicant: 

Address of  applicant: 

Name and address of shipowner: 

Name and address of  any  representative  in Sao Tome and Principe: 

Name of vessel: 

Type of vessel: 

Country of  registration: 

Port and registration  number: 

Externa] identification  of vessel: 

Radio  call  sign  and frequency: 

Length of vessel: 

Width of vessel: 

Engine type and rating: 

Hold capacity: 

Minimum  crew: 

Type of  fishing: 

Species to be fished: 

Period of  validity  sought: 

T  hereby  certify  thai  this  information  is  correct  and  that  I  know  and  agree  with  and 
undertake to observe and enforce the laws of the Democratic Republic of Sao Tome and 
Principe concerning fishing  and the sea, and all  applicable  international  legislation.* 

Date: 

THE APPLICANT 

12> 

Appendix 2 

TUNA BOATS FISHING LOG BOOK 

Vessel name: 
Flag country: 
Registration N°: 
Company of owner. 
Address: 

Gross tons: 
Capacity(TM): 
Captain: 
No of crew: 
Reporting date: 
Reported: 

Month  Dajr  Year 

Port 

Boat LEFT: 
Boat 
RETURNED: 

No of days 
at sea: 

Catches 

No of 
fishing days: 
No of 
sets made: 

Trip 
number 

Dates 

Area 

Lati 
tude 
NorS 

Longi 
tude 
E o rW 

o 
z 
c 
o 

8. 
o 

c o 
E 
n 
a 

o 
e 
Ç 
• 
w 
« 
3 
5  "53 

3  E 
to  £ 

I 

3 
S 
8 
o  o 
fc  o 
UJ  z 

1 
1 
1 
| 
Li 
i 
1 

j 

— 

• 

" 

Landing weight (in kg) 

Biuefin 
tuna 
Thunnus 
maccoyi 

Yellowfin 
tuna 
Thunnus 
aibacares 

Bigeye tuna 
Thunnus 
obesus 

Albacore 
Thunnus 
alaiunga 

Swordfish 
Xiphias 
gladius 

White martin 
Tetraptunus 
audax 

Black martin 
Makaira 
indica 

Sailfish 
Istiophorus 
spp. 

Skipjack 
Katsuwonus 
pelamis 

Miscellaneous 
fishes 

Daily 
total 

No 

kS 

No 

ks 

No 

kg 

No 

kS 

No 

kg 

No 

kg 

No 

k8 

No 

kg 

No 

kg 

No 

kg 

No  kg 

_ 

„ 

__ 

__— 

modalities 

LongMne 
Baft boat 
Pursa seiner 
Trawling 
Others 

Bait used 

3 
«0 
CO 

•o 
3 
cr 
VJ 

• 
> 
-J 

JZ 
6 

FINANCIAL  STATEMENT 

1. 

2. 

3. 

TITLE  OF OPERATION:  New financial Protocol  EC/Sâo Tome and Principe 

BUDGET HEADING  INVOLVED: B7-800 

LEGAL  BASIS:Treaty  art.43, in conjunction  with  art.228(2)  and (3) first subpar. 

EC/Sâo Tome and Principe Agreement  (OJ No L 54,  25.2.1984,p.l) 

4. 

DESCRIPTION  OF OPERATION 

4.1  General objective: Protocol  and Annex for a 3-year period 

4.2 Period covered and arrangements for renewal  or extension: 

1.6.  1996 to 31.5.1999 

Arrangements for renewal by negotiations  before  the Protocol  expires. 

5. 

Classification  of expenditure  or  revenue 

5.1  Compulsory 

5.2  Differentiated 

6. 

Type  of expenditure  or revenue 

-  Other: 

Financial  compensation  to  a  third  country  in  exchange  for  fishing 

opportunities granted by it and laid down in the Protocol. 

7. 

FINANCIAL IMPACT 

7.1  Method of  calculating  total cost of operation  (definition  of  unit costs) 

-  - 

7.2 
-- -
Breakdown 

see complement to the Protocol 
Itemised breakdown of cost 
1996 

1997 

1998 

protocol  art.2 
protocol  art. 3 
|  protocol  ait.4 
I TOTAL 

600.000 
187.500 
62.500 
850.000 

600.000 

600.000 

62.500 
662.500 

62.500 
662.500 

current  ECUs 

TOTAL 

1.800.000 
187.500 
187.500 
2.175.000 

15 

7.3  Schedule  for  proposed  new operation 

1 

1996 

1997 

1998 

850.000 

662.500 

662.500 

Commitment 
appropriations 

Payment  appropriations 

850.000 

1996 

1997 

1998 

662.500 

662.500 

current  ECUs 

TOTAL 

2.175.000 

850.000 

662.500 

662.500 

TOTAL 

850.000 

662.500 

662.500 

2.175.000 

8.  FRAUD  PREVENTION  MEASURES; RESULTS  OF MEASURES  TAKEN: 

Since  the  financial  contributions  are  made by  the  Community  in  direct  exchange  for  the  fishing  possibilities 
offered,  the  third  country  uses  them  for  whatever  end  it  chooses.  The  exception  to  this  rule  is  the  case  of 
programmes, such as the scientific  programmes, where under the dispositions of the Agreement,  Mauritania will 
furnish  reports to  the  Community. 

In addition,  the Member  States whose vessels operate under  this Agreement  must certify  to the Commission  the 
exactitude  of  the  data  indicated  in  the  tonnage  certificates  of  the  vessels  so  that  the  licence  fees  may  be 
calculated  on  a  guaranteed  basis.  To 
for 
Community  vessels. 

includes  catch  declarations 

the  Agreement 

that  end, 

9.  ELEMENTS  OF  COST-EFFECTIVENESS  ANALYSIS: 
Same financial  compensation  for  higher  fishing  possibilities(69  ships instead  of  48) 
In terms of the benefits  of  this agreement,  it is clear that the value of the catches of the main  commercial  species  far 
exceeds the cost of  2,175  MECU. 
In  addition  to  the  direct  commercial  value of  the catches of  the  vessels  concerned,  there  are  the  following  evident 
benefits  from  this  Agreement: 

guaranteed  employment  aboard  the fishing  vessels; 

multiplier employment effect in the ports, auctions rooms, processing factories,  shipyards, service industries, etc. ; 

« 
these employment  opportunities are in regions where no other opportunities  are available; 

contribution to the supply of  fish  to the  Community. 

Obviously, in addition to those benefits,  one must take account of the importance of our relations with Sâo Tome and 
Principe  in the fisheries  field  and our overall political  relations. 

10.  ADMINISTRATIVE  EXPENDITURE  (part A of  the budget): 

No  incidence on administrative expenditure. 

fk 

ISSN 0254-1475 

COM(96) 394 final 

DOCUMENTS 

EN 

03 

li 

Catalogue number  : CB-CO-96-389-EN-C 

ISBN 92-78-07446-2 

Office for Official  Publications of the European Communities 

L-2985 Luxembourg