Proposal for a Council Regulation on the conclusion of the Protocol setting out the fishing opportunities and the financial contribution provided for by the Agreement between the European Community and the Gabonese Republic on fishing off the coast of Gabon for the period 3 December 2001 to 2 December 2005
Date: 2001-12-13
Institutions: European Commission
Subjects: EU Member State, EU aid, Gabon, catch quota, financial equalisation, fishing agreement

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Proposal for a Council Regulation on the conclusion of the Protocol setting out the fishing
opportunities and the financial contribution provided for by the Agreement between the
European Community and the Gabonese Republic on fishing off the coast of Gabon for the
period 3 December 2001 to 2 December 2005

(2002/C 75 E/28)

COM(2001) 765 final (cid:151) 2001/0301(CNS)

(Submitted by the Commission on 13 December 2001)

THE COUNCIL OF THE EUROPEAN UNION,

(cid:151) tuna seiners:

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) Under the Agreement between the European Community
and the Gabonese Republic on fishing off the coast of
Gabon (1), the two Parties have held negotiations with a
view to determining amendments or additions
to be
the period of
made to that Agreement at
validity of the Protocol annexed thereto.

the end of

France: 20 vessels

Spain: 18 vessels

(cid:151) surface longliners:

Spain: 20 vessels

Portugal: 6 vessels

(cid:151) trawlers:

Spain: 900 GRT per month, averaged over the year

Greece: 300 GRT per month, averaged over the year

fishing opportunities

(2) As a result of these negotiations, a new Protocol setting out
the
contribution
provided for in the above Agreement for the period from
3 December 2001 to 2 December 2005 was initialled on
20 September 2001.

and financial

the fishing opportunities

If licence applications from these Member States do not cover
all
the
Commission may take into consideration licence applications
from any other Member State.

fixed by the Protocol,

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

Article 3

(4) The allocation of

the fishing opportunities among the

Member States should be defined,

HAS ADOPTED THIS REGULATION:

Article 1

contribution provided

the fishing opportunities and the
The Protocol setting out
the Agreement
financial
between the
the Gabonese
Republic on fishing off the coast of Gabon for the period 3
December 2001 to 2 December 2005 is hereby approved on
behalf of the Community.

European Community

for by

and

The text of the Protocol is attached to this Regulation.

Article 2

The Member States whose vessels fish under this Protocol shall
be required to notify the Commission of the quantities of each
stock caught in the Gabonese fishing zone in accordance with
Commission Regulation (EC) No 500/2001 of 14 March
2001 (2).

Article 4

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

Article 5

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

The fishing opportunities set out
allocated among the Member States as follows:

in the Protocol shall be

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

(1) OJ L 308, 18.11.1998, p. 4.

(2) OJ L 73, 15.3.2001, p. 8.

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setting out the fishing opportunities and the financial contribution provided for by the Agreement
between the European Community and the Gabonese Republic on fishing off the coast of Gabon
for the period 3 December 2001 to 2 December 2005

PROTOCOL

Article 1

For a period of four years from 3 December 2001, the fishing
opportunities granted under Article 2 of the Agreement shall
be as follows:

(f) EUR 35 350 for

the expenses of Gabonese delegates
participating in international meetings concerning fisheries;

(g) EUR 53 025 for vocational

training for young people

engaged in non-industrial fishing and aquaculture;

(a) demersal

freezer

fishing for crustaceans and
cephalopods: 1 200 GRT per month, averaged over the
year;

trawlers

(b) freezer tuna seiners: 38 vessels

(c) surface longliners: 26 vessels.

Article 2

shall be

The financial contribution referred to in Article 7 of the
1.
fixed at EUR 1 262 500 per year,
Agreement
comprising
and
EUR 883 750 for the measures referred to in Article 3 of
this Protocol.

compensation

EUR 378 750

financial

tuna

fishing

financial

compensation for

The
shall be
EUR 787 500 per year and shall cover a catch weight
in
the tuna
Gabonese waters of 10 500 tonnes of
caught each year by Community vessels in the Gabonese EEZ
exceeds this weight, the amount referred to above shall be
proportionately increased at the rate of EUR 75 per additional
tonne.

tuna.

If

2.
The annual financial compensation shall be payable not
later than 30 April 2002, 2003, 2004 and 2005. The use to
which it
the
Government of the Gabonese Republic.

shall be the sole responsibility of

is put

It shall be paid into account No 47069 X, (cid:145)PŒche Maritime(cid:146) (Sea
Fisheries) in the name of the Public Treasury of the Gabonese
Republic.

Article 3

The measures set out below shall be financed from the
to the amount of EUR 883 750 per

1.
financial contribution,
year, broken down as follows:

(a) EUR 141 400 towards scientific and technical programmes
to promote better understanding of the fisheries and living
resources of the Gabonese EEZ;

(b) EUR 220 937 to the programme for the protection and

surveillance of fishing zones;

(c) EUR 220 937 for institutional support

to the adminis-

trative department responsible for fisheries;

(d) EUR 70 700 for study grants and practical training courses
technical and economic fields

in the various scientific,
linked to fishing;

(e) EUR 44 188 for the Gabonese Republic’s contributions to

(h) EUR 44 188 for

technical
non-industrial fisheries and aquaculture sector;

assistance

to the private

(i) EUR 53 025 to strengthen capacity for health inspection

and quality control of fishery products.

2.
The measures and the annual amounts allocated thereto
shall be decided on by the Gabonese Ministry responsible for
fisheries, which shall inform the Commission thereof.

3.
The annual amounts, with the exception of that referred
to at (d), shall be made available to the Public Treasury no later
than 30 April 2002, 2003, 2004 and 2005 and paid into
(cid:145)PŒche Maritime(cid:146) according to the
account No 47069 X,
annual schedule for their use. The amounts referred to at (d)
shall be paid as they are used.

4.
The Gabonese Ministry responsible for fisheries shall
transmit a detailed annual report on the implementation of
these measures and the results achieved to the Delegation of
the European Commission in the Gabonese Republic, no later
than three months after the anniversary date of the Protocol.
The European Commission reserves
to request
information on these results from the Gabonese
additional
Ministry responsible for fisheries and to review the payments
concerned in the light of the actual
implementation of the
measures.

the right

Article 4

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

the application of

Article 5

Should a fundamental change in circumstances prevent
1.
the European
fishing in Gabon’s exclusive economic zone,
Community may
financial
the
contribution following prior consultation, if possible, between
the two parties.

payment

suspend

of

Payment of the financial contribution shall recommence
2.
once the situation returns to normal and following consultation
between the two parties confirming that the situation is likely
to allow a return to normal fishing activities.

Article 6

This Protocol and the Annex thereto shall enter into force on
the date on which the parties notify each other of
the
completion of the procedures necessary for this purpose.

international fisheries organisations;

It shall apply from 3 December 2001.

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ANNEX

CONDITIONS GOVERNING FISHING ACTIVITIES BY EUROPEAN COMMUNITY VESSELS IN GABON’S
FISHING ZONE

1. Licence applications and issuing formalities

The procedure for applications for, and the issue of, licences authorising European Community vessels to fish in
Gabon’s exclusive economic zone shall be as follows.

The relevant European Community authorities shall present to the Gabonese Ministry responsible for fisheries, via
the Delegation of the European Commission in the Gabonese Republic, an application for each vessel wishing to
fish under the Agreement, at least 15 days before the beginning of the requested term of validity.

Applications shall be made on the form provided for that purpose by the Gabonese Ministry responsible for
fisheries, in accordance with the specimen given in Appendix 1.

Licences shall be signed and issued by the Gabonese Ministry responsible for fisheries to shipowners or their
representatives, via the Delegation of the European Commission in the Gabonese Republic, within 15 working
days of application. Representatives of shipowners shall be natural or legal persons chosen by the shipowners.

Licences shall be issued for specific vessels and shall not be transferable. However, at the request of the European
Commission, a vessel’s licence shall, in cases of force majeure, 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 Gabonese
Ministry responsible for fisheries via the Delegation of the European Commission.

The new licence shall indicate:

(cid:151) the date of issue,

(cid:151) the fact that it cancels and replaces the licence of the previous vessel.

In such cases, no new advance shall be due.

Licences must be held on board at all times. However, on receipt of notification of payment of the advance sent by
the European Commission to the Gabonese Ministry responsible for fisheries, vessels shall be entered on a list of
vessels authorised to fish, which shall be sent to the Gabonese authorities responsible for fisheries inspection.
Pending receipt of the licence document, a fax copy may be obtained and shall be kept on board, which will
authorise the vessel to fish pending receipt of the licence document.

2. Provisions applicable to tuna seiners and surface longliners

1. Licences shall be valid for one year. They shall be renewable.

2. The fee shall be EUR 25 per tonne caught within Gabon’s fishing zones. It shall include all local and national

taxes with the exception of port taxes and charges for the provision of services.

3. The Gabonese Ministry responsible for fisheries shall communicate the arrangements for paying licence fees, in

particular the details of the bank account and the currency to be used.

4. Licences shall be issued following payment of an advance of EUR 2 600 a year for each tuna seiner and

EUR 1 100 a year for each surface longliner, equivalent to the fees payable for a catch of:

(cid:151) 104 tonnes per year in the case of tuna seiners,

(cid:151) 44 tonnes per year in the case of surface longliners.

3. Statement of catch and statement of fees due from owners of tuna vessels

The captain shall complete a fishing form corresponding to the ICCAT specimen in Appendix 2 for each period
spent fishing in Gabon’s EEZ. Details shall be entered even where there is no catch.

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The form, which must be legible and signed by the captain of the vessel, shall be sent within 45 days of the end of
fishing activities in Gabon’s EEZ to the Gabonese Ministry responsible for fisheries, via the Delegation of the
European Commission in the Gabonese Republic, and as soon as possible, for processing, to the Institut de
Recherche pour le DØveloppement (IRD), the Spanish Oceanographic Institute (IEO) or the Instituto PortuguŒs
de Investiga(cid:231)ªo Mar(cid:237)tima (IPIMAR).

If these provisions are not complied with, the Gabonese Ministry responsible for fisheries reserves the right to
suspend the licence of the offending vessel until these formalities have been carried out and to apply the penalties
provided for under national
law. In such cases, the Delegation of the European Commission in the Gabonese
Republic shall be informed without delay.

Member States shall inform the European Commission before 15 April each year of the tonnages caught during the
past year, as confirmed by the scientific institutes. On the basis of those figures the Commission shall draw up the
statement of fees due in respect of the fishing year, which it shall then send to the Gabonese Ministry responsible
for fisheries.

Shipowners shall receive notification of the statement drawn up by the Commission by the end of April at the
latest, and shall have 30 days in which to meet their financial obligations. In cases where the amount payable in
respect of actual fishing operations is less than the advance payment, shipowners cannot recover the balance.

4. Rules on demersal freezer trawlers

(a) Licences issued to freezer trawlers shall be valid for three, six or 12 months. They shall be renewable.

(b) The annual fee shall be EUR 168 per GRT per vessel.

Fees for licences for periods of less than one year shall be paid on a pro rata basis according to the length of time.
Six-month and three-month licences shall be subject to a surcharge of 3 % and 5 % respectively.

5. Statements of catch by trawler owners

Trawlers authorised to fish in Gabon’s EEZ under the Agreement shall notify their catch statistics to the Ministry
responsible for fisheries through the Delegation of the Commission of the European Communities in the Gabonese
Republic using the form given in Appendix 3. These statements shall be monthly and must be communicated at
least once every quarter.

6. Inspection and monitoring

Community vessels fishing in Gabon’s EEZ shall allow on board any Gabonese officials responsible for inspection
and monitoring of fishing activities and shall assist them in the accomplishment of their duties. These officials
should not remain on board any longer than the time required to verify catches by sampling and carry out any
other inspections relating to fishing activities.

7. Observers

At the request of the Gabonese authorities, tuna boats and surface longliners fishing in Gabon’s EEZ shall take an
observer on board who shall be treated as an officer. The time spent on board by observers shall be fixed by the
Gabonese authorities but, as a general rule, it should not exceed the time required to carry out their duties. Once on
board, observers shall:

(cid:151) observe the fishing activities of the vessels,

(cid:151) verify the position of vessels engaged in fishing operations,

(cid:151) perform biological sampling in the context of scientific programmes,

(cid:151) note the fishing gear used,

(cid:151) verify the catch data for Gabon’s zone recorded in the logbook.

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While on board, observers shall:

(cid:151) 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,

(cid:151) respect the material and equipment on board and the confidentiality of all documents belonging to the vessel,

(cid:151) draw up an activity report to be transmitted to the competent authorities of the Gabonese Republic and send a

copy to the Delegation of the European Commission in the Gabonese Republic.

The terms on which observers are taken on board are to be agreed between shipowners or their representatives and
the Gabonese authorities.

Shipowners who are unable to take observers aboard and put them off at a Gabonese port agreed by common
accord with the Gabonese authorities shall bear the cost of taking the observers aboard and putting them ashore.

If an 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.

The salary and social contributions of observers shall be borne by the competent authorities of the Gabonese
Republic. Captains shall do everything in their power to ensure the physical and moral safety of observers carrying
out their duties.

8. Fishing zones

The tuna vessels referred to in Article 1 of the Protocol shall be authorised to engage in fishing activities in the
waters beyond 12 nautical miles from the base lines.

The trawlers referred to in Article 1 of the Protocol shall be authorised to fish in waters beyond six nautical miles
from the base lines in accordance with Gabonese law.

9. Mesh sizes

The minimum mesh size authorised (mesh fully extended) shall be:

(a) 40 mm for freezer trawlers taking crustaceans;

(b) 60 mm for freezer trawlers taking cephalopods.

10. Entering and leaving the zone

Vessels shall notify the Gabonese Ministry responsible for fisheries of their intention to enter or leave Gabon’s EEZ
at least 24 hours in advance. When notifying their departure, all vessels shall also notify the estimated catches taken
during the time they have spent in Gabon’s EEZ. This information should preferably be communicated by fax
(+ 241-76 46 02) or, for vessels not equipped with a fax, by radio (call sign DGPA-6241 MH2) or electronic mail
(DGPA@internetgabon.com).

Any vessel found fishing without having informed the Gabonese Ministry responsible for fisheries shall be regarded
as a vessel without a licence.

The Gabonese Ministry responsible for fisheries and the shipowners shall keep a copy of fax communications or a
recording of radio communications until both parties have agreed to the final statement of fees due referred to in
point 2.

11. Zones closed to shipping

The zones adjacent to oil extraction activities shall be closed to all shipping.

The Gabonese Ministry responsible for fisheries shall notify the coordinates of these zones to shipowners when the
fishing licence is issued.

The zones closed to shipping shall also be notified for information purposes to the Delegation of the European
Commission in the Gabonese Republic, as shall all changes to these zones, which must be announced at least two
months before enforcement.

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12. Biological recovery

6-12 mile zone: trawlers engaged in inshore fishing for shrimp shall be required to respect the two-month biological
recovery period in January and February in accordance with Gabonese law.

12-200 mile zone: no biological recovery period.

13. Use of services

European Community vessels shall, wherever possible, transship and procure the supplies and services they require
in Gabonese ports.

14. Procedure in case of boarding

1. The Delegation of the European Commission in the Gabonese Republic shall be informed within two working
days of the boarding of any Community fishing vessel fishing under a fisheries agreement concluded between the
European Community and a third country in the exclusive economic zone of the Gabonese Republic. At the
same time, it shall be given a brief report of the circumstances and reasons leading to such 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 from the receipt of the above
information, between the Delegation of the European Commission in the Gabonese Republic, the Ministry
responsible for fisheries 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 circumstances of the facts established. The shipowner or the shipowner’s representative shall be
informed of the outcome of the meeting and of any measures resulting from the boarding.

3. 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.

4. Should the case not be settled by compromise, and the master is therefore brought before a competent Gabonese
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 Ministry responsible for fisheries once the master of the vessel concerned has been acquitted by
the judicial decision.

5. The vessel and crew are to be released:

(cid:151) when the consultation meeting is closed if the outcome so permits,

(cid:151) on receipt of payment of a fine (compromise procedure), or

(cid:151) 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 9 of the Agreement.

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Appendix 1

MINISTRY FOR FISHERIES

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2

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Appendix 3

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