Proposal for a Council Regulation on the conclusion of the Protocol establishing for the period 1 July 2000 to 30 June 2001 the fishing rights and financial compensation provided for in the Agreement between the European Economic Community and the Government of the Republic of Equatorial Guinea on fishing off the coast of Equatorial Guinea
Date: 2000-11-06
Institutions: European Commission
Subjects: Equatorial Guinea, agreement (EU), deep-sea fishing, financial equalisation

C 62 E/288

EN

Official Journal of the European Communities

27.2.2001

Proposal for a Council Regulation on the conclusion of the Protocol establishing for the period 1
July 2000 to 30 June 2001 the fishing rights and financial compensation provided for in the
Agreement between the European Economic Community and the Government of the Republic
of Equatorial Guinea on fishing off the coast of Equatorial Guinea

(2001/C 62 E/19)

COM(2000) 690 final (cid:15) 2000/0284(CNS)

(Submitted by the Commission on 7 November 2000)

THE COUNCIL OF THE EUROPEAN UNION,

Article 2

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

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament,

Whereas:

(1) Pursuant

to the Agreement between the European
Economic Community
the
Republic of Equatorial Guinea on fishing off the coast of
Equatorial Guinea (1),
conducted
negotiations with a view to extending the Protocol which
expired on 30 June 2000.

and the Government of

Parties

two

the

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

; tuna seiners:

France: 19 vessels

Spain: 10 vessels

Italy: 1 vessel

; surface longliners:

Spain: 25 vessels

Portugal: 5 vessels

; pole-and-line tuna vessels:

France: 8 vessels

(2) As a result of these negotiations, a new Protocol estab-
lishing the fishing opportunities and financial compen-
sation provided for in the abovementioned Agreement for
the period 1 July 2000 to 30 June 2001 was initialled on
16 June 2000.

If
licence applications from those Member States do not
in the
exhaust
fishing opportunities provided for
Protocol, the Commission may consider licence applications
from any other Member State.

the

(3) It is in the Community’s interest to approve the Protocol,

Article 3

HAS ADOPTED THIS REGULATION:

Article 1

The President of the Council is hereby authorised to designate
the persons empowered to sign the Protocol in order to bind
the Community.

The Protocol establishing for the period 1 July 2000 to 30 June
2001 the fishing rights and financial compensation provided
for
in the Agreement between the European Economic
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 4

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

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

(1) OJ L 188, 16.7.1984, p. 2. Agreement amended by the Agreement
approved by Regulation (EEC) No 252/87 (OJ L 29, 30.1.1987, p. 1).

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Official Journal of the European Communities

C 62 E/289

establishing, for the period from 1 July 2000 to 30 June 2001, the fishing rights and financial
compensation provided for in the Agreement between the European Economic Community and
the Government of the Republic of Equatorial Guinea on fishing off the coast of Equatorial Guinea

PROTOCOL

Article 1

For a period of one year from 1 July 2000, the fishing rights
granted under Article 2 of the Agreement shall be:

; freezer tuna seiners: 30 vessels,

; surface longliners: 30 vessels,

; pole-and-line tuna vessels: 8 vessels.

Article 2

The financial compensation referred to in Article 6 of the
1.
Agreement shall be, for the period referred to in Article 1,
EUR 200 000. This compensation shall cover a catch weight
in the waters of Equatorial Guinea of 4 000 tonnes of tuna. 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 its compensation is put shall be the sole
responsibility of the Government of the Republic of Equatorial
Guinea.

3.
The financial compensation shall be paid into account No
4160 of
the
the Treasury of Equatorial Guinea, opened at
in Malabo. Any
Banque des Atats d’Afrique Centrale (BEAC)
changes shall be notified to the Commission of the European
Communities.

Article 3

The Community shall also contribute, during the period
referred to in Article 1, the sum of EUR 16 700 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.

The competent authorities of Equatorial Guinea shall send the
Commission a brief report on how the funds are used.

in its Member States

their cooperation. To that end, the Community shall make it
easier for nationals of Equatorial Guinea to find places in
training establishments
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 EUR 46 700. At the request
of the Equatorial Guinea authorities, part of this sum may be
used to cover
the costs of participating in international
meetings concerning fisheries.

The sum shall be payable as and when it is used.

Article 5

The Community shall also contribute EUR 56 700 to the
financing of programmes for fisheries surveillance bodies and
for non-industrial fishing.

These funds shall be made available to the Ministry of Fisheries
and Forests, which shall communicate the bank account to
which payment is to be made.

The sum shall be payable as and when it is used.

Article 6

Should the Community fail to make the payments provided for
in Articles 2 and 3, the application of this Protocol may be
suspended.

Article 7

The Annex to the Agreement between the European Economic
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.

Article 8

Article 4

This Protocol shall enter into force on the date on which it is
signed.

The two Parties agree that
those
involved in sea fishing is a vital element in the success of

improving the skills of

It shall apply with effect from 1 July 2000.

C 62 E/290

EN

Official Journal of the European Communities

27.2.2001

ANNEX

CONDITIONS FOR THE EXERCISE OF FISHING ACTIVITIES BY COMMUNITY VESSELS IN EQUATORIAL
GUINEA’S FISHING ZONE

A. Licence application and issuing formalities

The procedure for applications for, and issue of, licences enabling vessels flying the flags of the Member States of the
Community to fish in Equatorial Guinea’s fishing zone shall be as follows.

The competent authorities of the Community shall present to the Ministry of Fisheries and Forests of the Republic of
Equatorial Guinea, via the Delegation of the Commission of the European Communities in Equatorial Guinea, an
application for each vessel wishing to fish under the Agreement.

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 (Appendix 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, in cases of proven force majeure, at the request of the European Community a vessel’s licence shall be replaced
by a new licence for another vessel with identical characteristics. The owner of the vessel being replaced shall return the
cancelled licence to the Ministry of Fisheries and Forests of the Republic of Equatorial Guinea via the Delegation of the
Commission of the European Communities.

The new licence shall 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. Pending 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 shall be renewable.

The fees shall be EUR 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 of a lump sum of EUR 1 300 a year for each tuna seiner, EUR 200 a year
for each pole-and-line tuna vessel and EUR 300 a year for each 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 the Office of
Overseas Scientific and Technical Research (ORSTOM) or the Spanish Oceanographical Institute (IEO), 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 the Commission of the European Communities before 15 April of the tonnages caught
during the past year, as confirmed by the scientific institutes. On the basis of those figures the Commission shall
establish a breakdown of the fees due for the fishing year, which it shall then send to the authorities of the Republic of
Equatorial Guinea.

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Official Journal of the European Communities

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Shipowners shall be notified by the Commission of the European Communities of this breakdown by the end of April at
the latest and 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 assist him in the accomplishment of his duties. The official must not
remain on board any longer than is necessary for the verification of catches by random checks and for any other
inspection relating to fishing activities.

D. Fishing zones

The vessels referred to in Article 1 of the Protocol shall be authorised to fish in waters beyond four nautical miles from
the base lines.

E. Entering and leaving the zone

Within three hours of entering or leaving the zone and every three days during their fishing activities in Equatorial
Guinea’s waters, vessels shall be obliged to communicate their position and the volume of the catch on board direct to
the Equatorial Guinea 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 record of radio communications shall be kept by the Equatorial Guinea authorities and
the shipowners until both parties have approved the final statement of fees referred to in point B.

A vessel caught fishing without having notified the Equatorial Guinea authorities of its presence shall be considered an
unlicensed vessel.

F. Procedure in case of boarding

1. 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 fishing under an agreement concluded between the Community and a
third country. The Delegation shall at the same 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 are considered, other than those to safeguard evidence relating to the presumed infringement, a
consultation meeting shall be held, within one working day after 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 parties shall exchange any relevant documentation or information helping to clarify the circum-
stances 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.

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

through a

4. Should the case not be settled by means of compromise, and the master therefore be brought before a competent
Equatorial Guinea judicial 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 shall be released by the competent authority once the master of the vessel concerned has been acquitted
by the judicial decision.

5. The vessel and its crew shall be released either:

; 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 proceedings).

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.

C 62 E/292

EN

Official Journal of the European Communities

27.2.2001

Appendix 1

REPUBLIC OF EQUATORIAL GUINEA

APPLICATION FORM FOR A FISHING LICENCE

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

to ..............................................................................

2. Name of vessel:

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

3. Name of shipowner:

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

4. Port and registration number: ..........................................................................................................................................................

5. Type of fishing: ....................................................................................................................................................................................

6. Authorised 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/electrical equipment:

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

15. Master’s name:

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

The above information is the sole responsibility of the shipowner or his representative.

Date of application: ................................................

Appendix 2

ICCAT LOGBOOK FOR TUNA FISHERY

Name of vessel:

Flag Country:

Registration number:

Company of owner:

Address:

Gross Tons:

Capacity - (MT):

Captain:

No of Crew:

Reporting Date:

(Reported by):

Month Day

Year

Port

Boat LEFT:

Boat RETURNED:

No of days
at sea:

No of fishing days:

No of sets made:

————————— Trip number:

Longline

Live bait

Purse Seine

Trawling

Others

Date

Area

Catches

Bait used

Month

Day

S
/
N
e
d
u
t
i
t
a
L

W
/
E

e
d
u
t
i
g
n
o
L

Surf.
Water
Temp.
()C)

Effort

Bluedfin
Tuna

Yelllowfin
Tuna

(Bigeye Tuna)

(Albacore)

(Swordfish)

(Strip Marlin)
(White Marlin)

(Black Marlin)

(Sailfish)

Skipjack

Daily Total

No of hooks
used

Thunnus
Thynnus or
maccoyi

Thunnus
albacares

Thunnus
obesus

Thunnus
alalunga

Xiphias
gladius

Tetraptunus
audax or
albidus

Makaira
indica

Istiophorus
albicane or
platypterus

Katsuwonus
pelamis

(Miscellaneous
Fishes)

y
r
u
a
S

i

d
u
q
S

t
i
a
b

e
v
L

i

(Others)

(in weight kg
only)

Weight

No

No

kg

No

kg

No

kg

No

kg

No

kg

No

kg

No

kg

No

kg

No

kg

No

kg

kg

LANDING WEIGHT (IN KG)

Remarks:

1 — Use one sheet per month, and one line per day.
2 — At the end of each trip forward a copy of the log to your correspondent or to ICCAT, General

Mola 8, Madrid 28002. Spain.

3 — 'Day' refers to the day you set the line.

5 — The bottom line -landing weight- should be completed only at the end of each trip. Actual weight

4 — Fishing area refers to the position of the boat. Round off minutes and record degree of latitude and

longitude. Please indicate N/S and E/O.

at the time of unloading should be recorded.

6 — All information reported herein will be kept strictly confidential.

.

.

2
7
2
2
0
0
1

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m
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/
2
9
3