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 setting out for the period 3 May 2000 to 2 May 2002 the fishing opportunities and the financial contribution provided for by the Agreement between the European Economic Community and the Government of the People's Republic of Angola on fishing off the coast of Angola
Date: 2000-10-31
Institutions: European Commission
Subjects: Angola, accession to an agreement, financial compensation of an agreement, fishing rights, fishing season

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 31.10.2000
COM(2000) 688 final

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 setting out for the period 3 May 2000 to 2
May 2002 the fishing opportunities and the financial contribution provided for by the
Agreement between the European Economic Community and the Government of the
People's Republic of Angola on fishing off the coast of Angola

(presented by the Commission)

EXPLANATORY MEMORANDUM

The Protocol to the Fisheries Agreement between the European Community and Angola expired
on 2 May 2000. A new Protocol was initialled by both parties on 6 July 2000 fixing the technical
and financial conditions governing the fishing activities of Community vessels in Angolan
waters during the period 3 May 2000 to 2 May 2002.

The Commission proposes, on this basis, that the Council adopt by Decision the draft
Agreement in the form of an Exchange of Letters concerning the provisional application of
the new Protocol pending its definitive entry into force.

A draft Council Regulation on the conclusion of the new Protocol is the subject of a separate
procedure.

2

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 setting out for the period 3 May 2000 to 2
May 2002 the fishing opportunities and the financial contribution provided for by the
Agreement between the European Economic Community and the Government of the
People's Republic of Angola on fishing off the coast of Angola

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article
300(2) thereof,
Having regard to the proposal from the Commission1,

Whereas:

(1)

(2)

(3)

(4)

(5)

The Community and the Republic of Angola have held negotiations with a view to
determining amendments or additions to be made to the abovementioned Agreement at
the end of the period of application of the Protocol annexed to the said Agreement.

As a result of these negotiations, a new Protocol was initialled on 6 July 2000.

Under that Protocol, Community fishermen have fishing opportunities in the waters
under the sovereignty or jurisdiction of the Republic of Angola for the period 3 May
2000 to 2 May 2002.

In order to avoid interruption of fishing activities by Community vessels, the new
Protocol should be applied as soon as possible. For this reason, both parties have
initialled an Agreement in the form of an Exchange of Letters providing for the
initialled Protocol to be provisionally applied from the day following the date of
expiry of the previous Protocol. That Agreement should be approved subject to a
definitive decision under Article 37 of the Treaty.

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,

1 OJ C ……, ..p.

3

HAS DECIDED AS FOLLOWS:

Article 1

The Agreement in the form of an Exchange of Letters concerning the provisional application
of the Protocol setting out for the period 3 May 2000 to 2 May 2002 the fishing opportunities
and the financial contribution provided for by the Agreement between the European
Community and the Government of the Republic of Angola on fishing off Angola is hereby
approved on behalf of the Community.

The texts of the Agreement in the form of an Exchange of Letters and of the Protocol are
attached to this Decision.

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

Article 2

–

–

shrimp vessels:

Spain:

6 550 GRT per month, averaged over the year, 22 vessels;

demersal fishing vessels:

Spain:

1 650 GRT per month, averaged over the year,

Portugal:

1 000 GRT per month, averaged over the year,

Italy:

650 GRT per month, averaged over the year,

Greece:

450 GRT per month, averaged over the year,

–

freezer tuna seiners:

France:

7 vessels

Spain:

11 vessels

–

surface longliners:

Portugal:

5 vessels

Spain:

20 vessels

–

pelagic fishing vessels:

Ireland:

2 vessels.

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

4

Article 3

The President of the Council is hereby authorised 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

5

PROTOCOL

setting out for the period from 3 May 2000 to 2 May 2002 the fishing opportunities and
financial contribution provided for in the Agreement between the European Community
and the Government of the Republic of Angola on fishing off Angola

Article 1

From 3 May 2000, 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 gross registered tonnage (GRT) per month, as an annual average (maximum
22 vessels).

However, the quantities to be fished by Community vessels may not exceed 5 000 t of
shrimps and prawns per year, of which 30% shall be prawns and 70% shrimps.

2.

Demersal vessels: (trawlers, bottom longliners, fixed gillnets):

3.

4.

5.

1.

3 750 GRT per month, as an annual average.

Fishing for Centrophorus granulosus is forbidden.

Freezer tuna seiners: 18 vessels.

Surface longliners: 25 vessels.

Fishing for pelagic species: 2 vessels.

Because of the nature of this type of fishing, it shall be subject to a trial period of six
months starting on the date that this Protocol enters into force.

Article 2

The financial contribution provided for in Article 7 of the Agreement for the period
referred to in Article 1 of this Protocol is hereby set at EUR 13 975 000 per year
(including EUR 9 950 000 per year by way of
financial compensation and
EUR 4 025 000 per year for the measures referred to in Article 3 of this Protocol) in
return for the fishing opportunities set out in Article 1.

The financial compensation shall be payable into a budget account of the Ministry
for Fisheries and the Environment.

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

6

2.

3.

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 contribution
provided for in paragraph 1.

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

The amount of EUR 4 025 000 earmarked for the specific measures provided for in Article 2(1)
each year shall be broken down as follows:

Article 3

1.

2.

3.

4.

5.

6.

Angolan scientific and technical programmes to improve knowledge of fishery and
biological resources in Angola's fishing zone: EUR 750 000

Quality control programme: EUR 350 000

Programme of support for fisheries surveillance: EUR 775 000

Programme to develop non-industrial fishing: EUR 150 000

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

Programme to finance fishing 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

The measures and the annual amounts allocated thereto shall be decided on by the Ministry
for Fisheries and the Environment, which shall inform the Commission of the European
Communities thereof.

The annual amounts shall be made available to the bodies concerned, through a budget
account of the Ministry for Fisheries and the Environment, not later than 30 November for the
first year and after the anniversary date of the Protocol the following year.

The Ministry for Fisheries and the Environment shall provide the Commission of the
European Communities with detailed information in writing. The European Community may
reconsider the payments concerned, after consulting the Angolan authorities, in the light of
actual progress in implementing the measures.

Article 4

Should there be any significant change in the conditions of exploiting fisheries resources in
Angola's EEZ which prevent the exercise of fishing activities, the European Community
reserves the right to stop payment of the financial contribution, on agreement between the
parties.

A joint scientific meeting shall be held annually to analyse matters relating to the sustainable
management of fisheries resources.

Article 5

7

Should the Community fail to make the payments provided for in Articles 2 and 3 within the
time limits laid down, application of the Agreement my be suspended.

Article 6

Article 7

The Annex to the Agreement between the European Economic Community and the Government
of the Republic of Angola on fishing off Angola is hereby repealed and replaced by the Annex to
this Protocol.

Article 8

This Protocol shall enter into force on the date of its signing.

It shall apply from 3 May 2000.

8

ANNEX A

Conditions governing fishing activities by Community vessels in Angolan waters

LICENCE APPLICATION AND ISSUING FORMALITIES

The Commission of the European Communities shall present to Angola's fishing
authority, via the Delegation of the Commission of the European Communities in
Angola, an application made by the shipowner for each vessel wishing fish under this
Agreement, 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 and Appendix 2. On first application
the form should be accompanied by a tonnage certificate. All licence applications shall
be accompanied by proof of payment of the licence fee for the period of its validity.

For the purposes of this Protocol the fishery products caught by Community vessels
fishing under this Agreement shall be of Community origin.

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

Licences shall be issued by the Angolan authorities to the skipper of the vessel in the
port of Luanda after inspection of the vessel by the competent authority. However, in
the case of tuna vessels and surface longliners,
licences shall be issued to the
shipowners or their representatives or agents.

The Delegation of the Commission of the European Communities in Angola shall be
notified of the licences issued by Angola's fishing authority.

Licences must be held 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 then be communicated to the Angolan
authorities responsible for supervising fisheries. Pending receipt of the licence, a copy
may be obtained by fax and should be kept on board.

Licences shall be valid for periods of one year.

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

The Angolan authorities shall communicate, as soon as possible, particulars of the bank
accounts and currencies to be used for financial settlements under this Agreement.

1.

1.1.

1.2.

1.3.

1.4.

1.5.

1.6.

1.7.

1.8.

9

2.

FEES

2.1.

Provisions applicable to licences for shrimp vessels and demersal fishing vessels

The fees shall be:

–

–

EUR 58/month per GRT for shrimp vessels,

EUR 205/year per GRT for demersal vessels.

The fees may be paid quarterly or half-yearly. In this case the amount shall be increased
by 5% and 3% respectively.

2.2.

Provisions applicable to tuna vessels and surface longliners

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

Licences shall be issued following advance payment to Angola at a flat rate of
EUR 4 200 a year for each freezer tuna seiner, equivalent to the fees for a catch of
168 tonnes per year, and at a flat rate of EUR 2 100 a year for each surface longliner,
equivalent to the fees for a catch of 84 tonnes per year.

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 catch statements made for each
vessel and verified by a specialised scientific body in the region, in particular the
Institut de Recherche pour le Développement (IRD),
the Instituto Español de
Oceanografía (IEO) and the Instituto Português de Investigação Marítima (IPIMAR).

This statement shall be communicated to the Angolan authorities and to the shipowners
at the same time. The shipowners shall make any additional payment, within 30 days of
notification of the final statement at the latest, into an account opened with a financial
institution or any other body specified by the Angolan authorities.

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

3.

BIOLOGICAL REST-PERIOD

Each year there is the possibility that a closed season on shrimp fishing may be decided
for reasons of biological recovery in the light of the findings of scientific surveys. The
Commission and shipowners shall be notified not less than three months an advance of
any such closed season. Shipowners shall not pay for the licence fee during this period.

4.

BY-CATCHES

The by-catches of shrimp vessels shall be the property of the shipowners. They shall be
authorised to catch up to 500 tonnes of crab per year.

5.

LANDINGS

Community surface longliners shall endeavour to help supply Angolan tuna-canning
factories, in accordance with their fishing effort in the zone, at a price to be jointly

10

agreed between the shipowners and the Angolan fishing authorities based on current
international market prices. Payment shall be made in convertible currency.

6.

TRANSSHIPMENT

All transhipments shall be notified to the competent Angolan fishing authorities eight
days in advance and shall take place in one of the bays of Luanda or Lobito in the
presence of the tax authorities.

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

7.

DECLARATIONS OF CATCHES

7.1.

Shrimp vessels and demersal vessels

7.1.1. At the end of each fishing campaign these vessels must forward to the Fisheries
Research Institute in Luanda, via the Delegation of the Commission of the European
Communities, the daily catch reports drawn up by the skipper in accordance with the
specimen contained in Appendices 3 and 4.

Furthermore, each vessel shall present a monthly report to the planning, studies and
statistics office of the Ministry for Fisheries and the Environment, via the delegation of
the Commission of the European Communities, 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.

7.1.2.

These vessels must also inform Luanda radio station daily of their geographical position
and the previous day's catches. Shipowners shall be notified of the call sign at the time
of issue of the fishing licence. In cases where radio communication cannot be used,
vessels may use alternative means, such as telex or telegram.

Before leaving Angola's fishing zone, these vessels must obtain authorisation from the
Department of Inspection and Monitoring of the Ministry for Fisheries and the
Environment and have the catches on board checked.

7.2.

Tuna vessels and surface longliners

Every three days during the fishing period 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.

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

In addition, the skipper shall keep a fishing log book, in accordance with Appendix 5,
for each fishing period spent in Angola's fishing zone.

11

8.

8.1.

8.2.

8.3.

This form must be completed legibly and be signed by the skipper of the vessel and sent
to the Department of Inspection and Monitoring of the Ministry for Fisheries and the
Environment via the Delegation of the Commission of the European Communities
within 45 days of the end of the fishing campaign.

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

FISHING ZONES

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

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

The fishing zones accessible to vessels engaged in demersal fishing shall comprise all
waters under the sovereignty or the 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 and south and southwards by a line five
miles north of the limit between the exclusive economic zones (EEZs) of Angola
and Namibia,

other types of vessels: beyond the first eight nautical miles measured from the
base lines and restricted northwards by a line five miles north of the limit between
the EEZs of Angola and Namibia.

9.

SIGNING-ON OF SEAMEN

Owners of all vessels, except freezer tuna seiners and surface longliners, to whom
fishing licences have been issued under 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 Ministry for Fisheries and the
Environment.

Should an observer be taken on board at Angola's request, he shall be included among
the six seamen referred to above.

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

The seamen's wages shall be borne by the shipowners in accordance with the terms
mutually agreed and shall be paid into an account opened with a financial institution
designated by the Ministry for Fisheries and the Environment. This pay shall include
life insurance against all risks.

12

10.

SCIENTIFIC OBSERVERS

10.1.

Any vessel may be asked to take on board a scientific observer designated and
employed by the Ministry for Fisheries and the Environment. Observers shall not
normally remain on board for more than one trip.

10.2.

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

10.3.

Observers shall be treated as officers. They shall:

–

–

–

–

–

observe the fishing activities of the vessels,

perform biological sampling in the context of scientific programmes,

note the fishing gear used,

verify the catch data for Angola's zone 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 of observers' embarkation 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 Ministry for Fisheries and the Environment. Shipowners,
through their agents, shall pay the Ministry for Fisheries and Environment EUR 15
for each day spent by an observer on board a vessel. Shipowners who are unable to
take observers aboard and put them off 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 and during the twelve
hours following the time agreed, shipowners shall be automatically absolved of their
obligation to take the observer on board.

11.

INSPECTION AND MONITORING

Community vessels fishing under the Agreement shall be monitored by satellite in
accordance with conditions to be agreed between the parties.

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

13

These officials shall
accomplishment of their duties.

remain on board no longer

than is necessary for

the

12.

FUEL SUPPLIES, REPAIRS AND OTHER SERVICES

tuna vessels, operating in Angola's fishing zone under this
All vessels, except
Agreement must obtain their fuel and water supplies and have shipyard repairs and
maintenance carried out in Angola wherever possible.

Subject to these same conditions, the transport of crews shall be undertaken by the
Angolan national airline, TAAG.

Fuel shall not be taken on board outside the ports of Luanda or Lobito without
authorisation from the Department of Inspection and Monitoring of the Ministry for
Fisheries and the Environment.

13.

MESH SIZE

The minimum size of the mesh used shall be:

13.1.

for shrimp fishing: 40 mm until 1 March 2001 and 50 mm from that date onward.

13.2.

110 mm for demersal fishing.

13.3.

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

14.

BOARDING

14.1.

14.2.

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

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

the meeting,

At
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, 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.

14

14.3.

14.4.

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

Should the case not be settled by means of compromise, and therefore be brought
before a competent judicial body, a bank security payable by the shipowner shall be
fixed by the relevant authority within 48 hours following the conclusion of the
compromise procedure, pending the judicial decision. The amount of the security
must not exceed the amount of the penalty laid down under national legislation for
the presumed infringement in question. The bank security shall be returned to the
shipowner by the relevant authority once the case is settled without incrimination of
the master of the vessel concerned.

14.5.

The vessel and its crew shall be released:

–

–

–

at the end of the consultation meeting, if the established facts permit, or

once the obligations arising under the compromise have been fulfilled, or

once a bank security is deposited by the shipowner (judicial procedure).

15

ANNEX B

Conditions governing fishing activities by European Community vessels fishing for
pelagic species in Angolan waters

1.

1.1

1.2.

1.3.

1.4.

1.5.

1.6.

1.7.

1.8.

1.9.

LICENCE APPLICATION AND ISSUING FORMALITIES

The Commission of the European Communities shall present to Angola's fishing
authority, via the Delegation of the Commission of the European Communities in
Angola, an application made by the shipowner for each vessel wishing fish under this
Agreement, 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 should
be accompanied by a tonnage certificate. All licence applications shall be accompanied
by proof of payment of the licence fee for the period of its validity.

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 are
presented only with the first application or when the technical characteristics of the
vessel have changed.

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

Licences shall be issued by the Angolan authorities to the skipper of the vessel in the
nearest port after inspection of the vessel by the competent authority.

The Delegation of the Commission of the European Communities in Angola shall be
notified of the licences issued by Angola's fishing authority.

Licences must be held 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 then be
communicated to the Angolan authorities responsible for supervising fisheries. Pending
receipt of the licence, a copy may be obtained by fax and should be kept on board.

Licences shall be valid for a minimum period of one month and be renewable.

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

The Angolan authorities shall communicate particulars of the bank accounts and
currencies to be used for payment of fees before the entry into force of this Protocol.

Licences shall authorise the fishing of mackerel and horse mackerel. A by-catch of up
to 10% is authorised.

2.

FEES

The fee shall be set at EUR 3/month per GRT.

16

After the trial period the conditions governing fishing shall be laid down by common
agreement of the shipowners and the Angolan authorities in the light of the results of
this period.

3.

TRANSSHIPMENT

4.

4.1.

All transhipments shall be notified to the competent Angolan fishing authorities eight
days in advance and shall take place in one of the bays of Luanda or Lobito in the
presence of the tax authorities.

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

DECLARATIONS OF CATCHES

At the end of each fishing campaign these vessels must forward to the Fisheries
Research Institute in Luanda, via the Delegation of the Commission of the European
Communities, the daily catch reports drawn up by the skipper in accordance with the
specimen contained in Appendix 6.

Furthermore, each vessel shall present a monthly report to the planning, studies and
statistics office of the Ministry for Fisheries and the Environment, via the delegation of
the Commission of the European Communities, 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.

4.2.

Before leaving Angola's fishing zone, these vessels must obtain authorisation from the
Department of Inspection and Monitoring of the Ministry for Fisheries and the
Environment and have the catches on board checked.

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

5.

FISHING ZONES

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

6.

SIGNING-ON OF SEAMEN

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

7.

7.1

7.2

SCIENTIFIC OBSERVERS

Any vessel may be asked to take on board a scientific observer designated and
employed by the Ministry for Fisheries and the Environment. Observers shall not
normally remain on board for more than one trip.

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

17

7.3.

Observers shall be treated as officers. They shall:

–

–

–

–

–

observe the fishing activities of the vessels,

perform biological sampling in the context of scientific programmes,

note the fishing gear used,

verify the catch data for Angola's zone 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 of observers' embarkation 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 Ministry for Fisheries and the Environment. Shipowners,
through their agents, shall pay the Ministry for Fisheries and Environment EUR 15
for each day spent by an observer on board a vessel. Shipowners who are unable to
take observers aboard and put them off 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 and during the twelve
hours following the time agreed, shipowners shall be automatically absolved of their
obligation to take the observer on board.

8.

INSPECTION AND MONITORING

Community vessels fishing under the Agreement shall be monitored by satellite in
accordance with conditions to be agreed between the parties.

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

These officials shall
accomplishment of their duties.

remain on board no longer

than is necessary for

the

9.

FUEL SUPPLIES, REPAIRS AND OTHER SERVICES

All vessels operating in Angola's fishing zone under this Agreement must obtain their
fuel and water supplies and have shipyard repairs and maintenance carried out in
Angola wherever possible.

18

Subject to these same conditions, the transport of crews shall be undertaken by the
Angolan national airline, TAAG.

Fuel shall not be taken on board outside the ports of Luanda or Lobito without
authorisation from the Department of Inspection and Monitoring of the Ministry for
Fisheries and the Environment.

10.

MESH SIZE

The minimum size of the mesh used shall be that laid down by Angolan law.

11.

BOARDING

11.1.

11.2.

11.3

11.4.

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

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

the meeting,

At
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, 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.

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

Should the case not be settled by means of compromise, and therefore be brought
before a competent judicial body, a bank security payable by the shipowner shall be
fixed by the relevant authority within 48 hours following the conclusion of the
compromise procedure, pending the judicial decision. The amount of the security
must not exceed the amount of the penalty laid down under national legislation for
the presumed infringement in question. The bank security shall be returned to the
shipowner by the relevant authority once the case is settled without incrimination of
the master of the vessel concerned.

19

11.5.

The vessel and its crew shall be released:

–

–

–

at the end of the consultation meeting, if the established facts permit, or

once the obligations arising under the compromise have been fulfilled, or

once a bank security is deposited by the shipowner (judicial procedure).

20

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

Appendix 1

SECTION A

1.

2.

3.

4.

Name of shipowner: …………………………………………………………………………….

Nationality of shipowner: ……………………………………………………………………….

Business address of shipowner:……………………………………………………………...…..
.…………………………………………………………………………………………………...
……………………………………………………………………………………………………

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

To be completed for each vessel

SECTION B

1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

11.

12.

13.

14.

15

16.

17.

18.

19.

Period of validity: ………………………………………………………………………….….

Name of vessel:………………………………………………………………………………..

Year of construction: …………………………………………………………………………

Original flag: …………………………………………………………………………………

Current flag: …………………………………………………………………………………..

Date on which current flag acquired: …………………………………………………………

Year acquired: …………………………………………………………………………………

Port and registration number: ………………………………………………………………….

Type of fishing: ………………………………………………………………………………..

Gross tonnage: …………………………..……………………..………………………………

Call sign: ……………………………………………………………………………………….

Length overall (m):.……………………………………………………………………………..

Bow height (m): ………………………………………………………………………………..

Depth (m): ……………………………………………………………………………………..

Hull construction material:…………………………………………………………………….

Engine power:……………..................................................................…………………………

Speed (knots): ……………………………………………………...…………………………..

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

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

21

20.

21.

22.

23.

Capacity of fish holds (m³): ……………………………………………………………………

Colour of hull:…………………………………….…………………………………………….

Colour of superstructure: …………………………….…………………………………………

On-board communication equipment:

Type

Make:

Power (Watts)

Year
construction:

of

Frequencies

Reception

Transmission

24.

Navigating and sounding equipment:

Type

Make:

Model

Range

25.

26.

Skipper: ………………………………………………………..

Nationality of skipper: ………………………………………………………..

22

Include:

– Three colour photographs of vessel (side view),

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)

23

.

Appendix 2

APPLICATION FOR A LICENCE TO FISH FOR TUNA IN ANGOLAN WATERS

SECTION A

1.

2.

3.

Name of shipowner: ………………………………………………………………………...…..

Nationality of shipowner: ……………………………………………………………………….

Business address of shipowner:………………………………..…………………………………
……………………………………………………………………………………………………
……………………………………………………………………………………………………
…………………………………………………………………………………………………….

SECTION B

To be completed for each vessel

1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

11.

12.

13.

14.

15.

16.

17.

18.

19.

20.

Period of validity: ………………………………………………………………………….…….

Name of vessel:……………………………………………………………………………………

Year of construction: ………………………………………………………………………………

Original flag: ………………………………………………………………………………………

Current flag: ………………………………………………………………………………………..

Date on which current flag acquired: ………………………………………………………………

Year acquired: …………………………………………………………………………………..…

Port and registration number: ……………………………………………………………………..

Type of fishing: ……………………………………………………………………………………

Gross tonnage: …………………………..……………………..…………………………………...

Call sign: ……………………………………………………………………………………………

Length overall (m):.…………………………………………………………………………………

Bow height (m): …………………………………………………………………………………….

Depth (m): ………………………………………………………………………………………….

Hull construction material:………………………………………………………………………….

Engine power:……………..................................................................……..………………………

Speed (knots): ……………………………………………………………….……………………..

Cabins:……………………………………………………………………………..……………….

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

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

24

21.

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

………………………………………………………………………………………...…………...

Colour of hull:……………………………………………………………………………….…….

Colour of superstructure: ………………………………………………………………………….

On-board communication equipment:

22.

23.

24.

.

Type

Make:

Model

Power
(Watts)

Year of
construction

Frequencies

Reception

Transmission

25.

Navigating and sounding equipment:

Type

Make:

Model

26.

Auxiliary boats used (for each vessel): …………………………………………………………………

26.1.

Gross tonnage: …………………………..……………………..……………………………………….

26.2.

Length overall (m):.……………………………………………………………………………………..

26.3.

Bow height (m): …………………………………………………………………………………………

26.4.

Depth (m): ………………………………………………………………………………………………

26.5.

Hull construction material:………………………………………………………………………………

26.6.

Engine power:……………..................................................................…………………………………..

26.7.

Speed (knots): …………………………………………………………………………………………..

25

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

27.
……………………………………………………………………………………………………………………..
……………………………………………………………………………………………………………………...

Home port:……………………………………………………………………………………………….

Skipper: ………………………………………………………………………………………………….

Nationality of skipper: …………………………………………………………………………………...

28.

29.

30.

Include:

–

–

–

three colour photographs of vessel (side view), additional boats used for fishing and additional out-of-water equipment 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)

26

Appendix 3.1

INSTITUTO DE INVESTIGAÇAO PESQUEIRA

No

No

No

No

No

.

FISHING LOGBOOK

(for all bottom trawlers)

Haul (13)

Date (14)

Latitude (15)

Longitude (16)

Sounding (m) (17)

Duration (h) (18)

Total catch (kg) (19)

1. Horse mackerel

2. Sardines

3. Scabbardfishes

4. Antarctic toothfish

5. Large-eye dentex

6. Red pandora

7. Sea bream

8. Barracuda

9. Hake

10. Drums

11. Meagres

12. Splitfins

13. Grunts

14. Skates and rays

15. Sharks

16. Shrimps

17. Cuttlefish

18. Squid

Total quantity of fish processed (kg)

Discards

Species

Whole

Fillets

Heads off

Species

Total (kg)

27

TRIP

Call sign (1)

Registration (2)

Name of vessel (3)

Nationality (4)

Shipowner (5)

FISHING GEAR (Specify and give measurements) (9)

Appendix 3.2

Departure (6)

Arrival (7)

Date

Port

Skipper's name and signature (8)

Gear

Demersal trawl (a)

Pelagic trawl (b)

Shrimp trawl (c)

Seine (d)

Longline (e)

Gillnet/trammel net (f)

Other (specify)

Headline (m) (g)

Footrope (m)

Codend mesh size (mm)

Floatline

Depth (m)

Length (m)

No of hooks used

Length (m)

Depth (m)

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

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)

28

Appendix 4.1

INSTITUTO DE INVESTIGAÇAO PESQUEIRA

No

No

No

No

No

FISHING LOGBOOK

(for all shrimp vessels)

Haul (13)

Date (14)

Latitude (15)

Longitude (16)

Sounding (m) (17)

Duration (h) (18)

Total catch (kg) (19)

1. Deepwater
shrimps

2. Deep-water rose
shrimp

3. Blue-and-red
shrimp

4. Lobster

5. Crabs

6.

7.

8.

9.

10.

11.

12.

13.

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

Total quantity of fish processed (kg)………………………………………………………….. Discards

Species

Heads off

Others

Species

Total (kg)

29

TRIP

Call sign (1)

Registration (2)

Name of vessel (3)

Nationality (4)

Shipowner (5)

Appendix 4.2

Departure (6)

Arrival (7)

Date

Port

Skipper's name and signature (8)

FISHING GEAR (Specify and give measurements) (9)

Gear

Headline (m) (g)

Footrope (m)

Codend mesh size (mm)

Demersal trawl (a)

Pelagic trawl (b)

Shrimp trawl (c)

Seine (d)

Longline (e)

Gillnet/trammel net (f)

Other (specify)

Floatline

Depth (m)

Length (m)

No of hooks used

Length (m)

Depth (m)

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

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)

30

.

IIP

Appendix 5

FISHERIES MINISTRY - FISHING LOG BOOK FOR TUNA BOATS

Name of vessel:………………………………………………………………

Gross Tonnage………………………………………………..(t)

Month Day

Year

Port

Flag Country:…………………………………………………………………… Capacity (TM)…………………………………………………

Boat left

Registration No:.........................................................................................

Skipper:………………………………………………………..

Company of owner:.................................................................................... No of crew…………………………………………………

Boat returned

Address:………………………………………………………………………… Reporting date:…………………………………………….

Reported by:………………………………………………...

Number of fishing days

Number of days at
sea

Number of sets made

Trip Number

Fishing method

Longline

Baitboat

Purse Seine

Trolling

Others

Dates

Zone

Day/
Month

o
N

t

e
S

Surface
Water
Temp
(ºC)

/

W
E
e
d
u
t
-
i
g
n
o
L

/

S
N
e
d
u

t
i
t
a
L

Catches

Bait used

Effort

Bluefin Tuna

Yellowfin
Tuna

Bigeye Tuna

Albacore

Swordfish

Strip Marlin,
White Marlin

Black Marlin

No of hooks
used

Thunnus
maccoyii

Thunnus
Albacares

Thunnus

Thunnus

Obesus

Lalunga

Xiphias
Gladius

Tetraptunus
Audax

Makaira
indica

Sailfish
Istiophorus
spp.

Skipjack

Katsuwonus
pelamis

Miscellaneous Fish

Daily Total

In Weight
Kg Only

y
r
u
a
S

i

d
u
q
S

No

kg

No

kg

No

kg

No

kg

No

Kg

No

Kg

No

kg

No

kg

No

kg

No

kg

No

kg

t
i

a
b
e
v
L

i

Others

LANDING WEIGHT (IN KG)

1. At the end of each trip forward a copy of the log

2. Fishing area refers to the position of the set. Round off

3. The bottom line -landing weight- should be completed only at the

To Ministry of Fisheries

minutes and record degree of latitude and longitude

End of the trip. Actual weight at the time of unloading should be recorded

information reported herein will be

4. All
kept strictly confidential

31

STATISTICS ON DEEP-SEA FISHING ACTIVITIES

Appendix 6

MINISTRY FOR FISHERIES
Name of vessel:
Nationality (flag):

Date

Fishing zone

Longitude

Latitude

Engine rating
Gross registered tonnage
(GRT)

Number
of
sets

Number
of
fishing hours

Month
Fishing method
Home port

Year:

Mackerel and horse mackerel

Total

Other fish

Total

Mackerel

Horse mackerel

Species (kg)

1)
2)
3)
4)
5)
6)
7)
8)
9)
10)
11)
12)
13)
14)
15)
16)
17)
18)
19)
20)
21)
22)
23)
24)
25)
26)
27)
28)
29)
30)
31)

TOTAL

32

ANNEX

Agreement in the form of an Exchange of Letters concerning the provisional application
of the Protocol setting out for the period 3 May 2000 to 2 May 2002 the fishing
opportunities and the financial contribution provided for by the Agreement between the
European Community and the Government of the Republic of Angola on fishing off the
coast of Angola

A. Letter from the Government of the Republic of Angola

Sir,

With reference to the Protocol initialled on 6 July 2000 setting out the fishing opportunities and
financial compensation for the period 3 May 2000 to 2 May 2002, I have the honour to inform
you that the Government of the Republic of Angola is prepared to apply the Protocol on a
provisional basis with effect from 3 May 2000, pending its entry into force in accordance with
Article 7 thereof, provided that the European Community is disposed to do the same.

This is on the understanding that the financial compensation provided for in Article 2 of the
Protocol is to be paid before 30 November 2000.

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 Republic of Angola

33

B. Letter from the Community

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 6 July 2000 setting out the fishing
opportunities and financial contribution for the period 3 May 2000 to 2 May 2002, I
have the honour to inform you that the Government of the Republic of Angola is
prepared to apply the Protocol on a provisional basis with effect from 3 May 2000,
pending its entry into force in accordance with Article 7 thereof, provided that the
European Community is disposed to do the same.

This is on the understanding that the financial compensation provided for in Article 2 of
the Protocol is to be paid before 30 November 2000.

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
application.

to such provisional

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

On behalf of the Council of the European Union

34