Proposal for a Council Regulation on the conclusion of the Protocol setting out, for the period from 1 June 2002 to 31 May 2005, the fishing opportunities and the financial contribution provided for by the Agreement between the European Economic Community and the Government of the Democratic Republic of São Tomé and Príncipe on fishing off the coast of São Tomé and Príncipe
Date: 2002-07-15
Institutions: European Commission
Subjects: São Tomé and Príncipe, agreement (EU), financial compensation of an agreement, fishing agreement, fishing area, fishing controls, fishing licence, protocol to an agreement, sea fishing

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Proposal for a Council Regulation on the conclusion of the Protocol setting out, for the period
from 1 June 2002 to 31 May 2005, the fishing opportunities and the financial contribution
provided for by the Agreement between the European Economic Community and the
Government of the Democratic Republic of São Tomé and Príncipe on fishing off the coast of
São Tomé and Príncipe

(2002/C 262 E/37)

COM(2002) 398 final — 2002/0162(CNS)

(Submitted by the Commission on 15 July 2002)

EXPLANATORY MEMORANDUM

The Protocol to the agreement between the European Community and São Tomé and Príncipe expired on
31 May 2002. A new Protocol was initialled by both parties on 14 February 2002 fixing the technical and
financial conditions governing the fishing activities of Community vessels in São Tomé and Príncipe waters
for the period from 1 June 2002 to 31 May 2005.

The Commission proposes, on this basis, that the Council adopt the conclusion of the new Protocol by
Regulation.

A proposal for a Council Decision on the provisional application of the new Protocol pending its definitive
entry into force is the subject of a separate procedure.

THE COUNCIL OF THE EUROPEAN UNION,

HAS ADOPTED THIS REGULATION:

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) In accordance with the Agreement between the European
Economic Community and the Government of the Demo-
cratic Republic of São Tomé and Príncipe on fishing off the
coast of São Tomé, the two parties have held negotiations
with a view to determining the amendments or additions to
be made to the Agreement at the end of the period of
application of the Protocol.

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
1 June 2002 to 31 May 2005 was initialled on 14 February
2002.

and financial

(3) It

is in the Community’s interest

to approve the said

Protocol.

Article 1

The Protocol setting out, for the period from 1 June 2002 to
31 May 2005,
the fishing opportunities and the financial
contribution provided for by the Agreement between the
European Economic Community and the Government of the
Democratic Republic of São Tomé and Príncipe on fishing off
the coast of São Tomé and Príncipe is hereby approved on
behalf of the Community.

The text of the Protocol is attached hereto.

Article 2

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

in the Protocol shall be

— freezer tuna seiners:

— France: 18

— Spain: 18

— pole-and-line tuna vessels:

— Portugal: 2

— surface longliners:

(4) The allocation of

the fishing opportunities among the
Member States should be defined as well as their obli-
gations to notify the caches,

— Spain: 20

— Portugal: 5

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— experimental deep-water

fishing targeting crab (1 June

2002 to 31 May 2003 only)

the São Tomé and Príncipe fishing zone in accordance with
Commission Regulation (EC) No 500/2001 (1).

— Spain: 2 vessels under 250 GRT

— Portugal: 1 vessel under 250 GRT

the fishing opportunities

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

fixed by the Protocol,

Article 3

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 Member States whose vessels fish under this Protocol shall
notify the Commission of the quantities of each stock caught in

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

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

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PROTOCOL

Setting out, for the period from 1 June 2002 to 31 May 2005, the fishing opportunities and the
financial contribution provided for by the Agreement between the European Economic
Community and the Government of the Democratic Republic of São Tomé and Príncipe on
fishing off the coast of São Tomé and Príncipe

Article 1

Article 3

From 1 June 2002 and for a period of three years, fishing
opportunities pursuant to Article 2 of the Agreement shall
be as follows:

— freezer tuna seiners: 36 vessels

— pole-and-line tuna vessels: 2 vessels

— surface longliners: 25 vessels

For deep-water fishing vessels targeting crab, provision shall be
made for a 12-month period of experimental fishing starting
from the provisional date of application of this Protocol (1
June 2002 to 31 May 2003). During this 12-month period,
three vessels under 250 GRT may fish simultaneously in São
Tomé and Príncipe's exclusive economic zone (EEZ).

Article 2

The financial contribution referred to in Article 6 of
Agreement shall be fixed at:

the

EUR 925 000 in the first year, comprising EUR 555 000
financial compensation and EUR 370 000 for the measures
referred to in Article 4 of
this Protocol. The Community
shall also provide financing of EUR 50 000, in the first year,
for an evaluation study on deep-water crab;

The two parties, meeting within the framework of the Joint
Committee provided for in Article 8 of the Agreement, shall
consult on the basis of the results of the experimental fishing
mentioned above and in the light of the best available scientific
advice to include, where appropriate, sustainable levels of
fishing opportunities for deep-water fishing vessels targeting
crab and the financial contribution applicable from the
second year of application of the Protocol. These consultations
should take place before the end of the first year.

Article 4

The measures set out below shall be financed from the
to the amount of

1.
financial contribution for the first year,
EUR 370 000 per year, broken down as follows:

(a) scientific and technical programmes to promote better
understanding of fisheries and living resources in the São
Tomé and Príncipe fishing zone: EUR 50 000,

(b) stepping up surveillance,

inspection and checks in the

fishing zones: EUR 50 000,

(c)

institutional
responsible for fisheries: EUR 50 000,

support

to the administrative department

(d) study grants and practical training courses in the various
scientific, technical and economic fields linked to fishing:
EUR 40 000,

EUR 637 500 in the second year, comprising EUR 382 500
financial compensation and EUR 255 000 for the measures
referred to in Article 4 of this Protocol;

(e) São Tomé and Príncipe's contributions to international
fisheries organisations and expenses of São Tomé and
Príncipe delegates participating in international meetings
concerning fisheries: EUR 35 000,

EUR 637 500 in the third year, comprising EUR 382 500
financial compensation and EUR 255 000 for the measures
referred to in Article 4 of this Protocol.

For tuna fishing the financial contribution shall cover an
annual catch of 8 500 tonnes in São Tomé and Príncipe
waters. If the tuna caught each year by Community vessels
in São Tomé and Príncipe's exclusive economic zone exceeds
this weight, the amount referred to above shall be propor-
tionately increased at the rate of EUR 75 per additional tonne.

The annual financial compensation shall be payable not later
than 31 December 2002, and not later than 31 May 2003 and
2004. Its use shall be the sole responsibility of the Government
of the Democratic Republic of São Tomé and Príncipe. It shall
be paid to the Public Treasury of São Tomé and Príncipe.

(f) aid for small-scale fishing: EUR 145 000.

The measures set out below shall be financed from the
2.
financial contribution for the second and third years, to the
amount of EUR 255 000 per year, broken down as follows:

(a) scientific and technical programmes to promote better
understanding of fisheries and living resources in the São
Tomé and Príncipe fishing zone: EUR 40 000,

(b) stepping up surveillance,

inspection and checks in the

fishing zones: EUR 40 000,

(c)

institutional
responsible for fisheries: EUR 40 000,

support

to the administrative department

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(d) study grants and practical training courses in the various
scientific, technical and economic fields linked to fishing:
EUR 30 000,

(e) São Tomé and Príncipe's contributions to international
fisheries organisations and expenses of São Tomé and
Príncipe delegates participating in international meetings
concerning fisheries: EUR 35 000,

(f) aid for small-scale fishing: EUR 70 000.

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

The annual amounts, with the exception of those referred to at
(d) and (e), shall be paid into an account designated by the São
Tomé and Príncipe Ministry responsible for fisheries and used
under the terms of a protocol to be negotiated with the Public
Treasury no later than 31 December 2002, 31 May 2003 and
31 May 2004 according to the annual schedule for their use.
The amounts referred to at (d) and (e) shall be paid as they are
used.

The São Tomé and Príncipe 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 responsible for São Tomé and
Príncipe, no later than three months after the anniversary
date of the Protocol. The Commission reserves the right to
request additional information on these results from the São
Tomé and Príncipe Ministry responsible for fisheries and,
following consultation with the São Tomé and Príncipe auth-
orities within the
Joint
Committee provided for in Article 8 of the Agreement, to
review the payments concerned in the light of
the actual
implementation of the measures.

framework of meetings of

the

Article 6

A joint scientific meeting shall be held annually to evaluate
periodically within the Joint Committee the state of crab
resources. Based on the findings,
the fishing opportunities
this Protocol and the financial
laid down in Article 1 of
contribution laid down in Article 2 may be adjusted after
agreement between the two parties meeting within the
framework of the Joint Committee.

Article 7

Should a fundamental change in circumstances prevent fishing
in São Tomé and Príncipe's exclusive economic zone,
the
European Community may suspend payment of the financial
contribution following prior consultation, if possible, between
the two parties in the Joint Committee.

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

Article 8

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

Article 9

Article 5

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

Should the Community fail to make the payments provided for
in Articles 2 and 4, the application of this Protocol may be
suspended.

It shall apply from 1 June 2002.

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CONDITIONS GOVERNING FISHING BY COMMUNITY VESSELS IN THE SÃO TOMÉ AND PRÍNCIPE
FISHING ZONE

ANNEX

1. APPLICATION FOR AND ISSUE OF LICENCES

The procedure for applications for, and issue of, the licences referred to in Article 4 of the Agreement shall be as
follows.

The relevant Community authorities shall present to the São Tomé and Príncipe Ministry responsible for fisheries,
via the Delegation of the European Commission responsible for São Tomé and Príncipe, an application for each
vessel that wishes to fish under the Agreement, at least 20 days before the date of commencement of the period of
validity requested.

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

Licences shall be issued by the São Tomé and Príncipe authorities within 20 days of submission of the application
to the shipowners or their representatives via the Delegation of the European Commission responsible for São
Tomé and Príncipe.

Licences shall be issued for specific vessels and shall not be transferable. However, at the request of the European
Commission, a vessel's licence may, and where force majeure is proved, shall, be replaced by a new licence for
another vessel whose features are similar to those of the first vessel. The owner of the first vessel shall return the
cancelled licence to the São Tomé and Príncipe Ministry responsible for fisheries via the Delegation of the European
Commission responsible for São Tomé and Príncipe.

The new licence shall indicate:

— the date of issue,

— the fact that it replaces the licence of the previous vessel for the remaining period of validity.

In this case, no new one-off payment as laid down in points 2 and 4 shall be due.

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

2. PROVISIONS APPLICABLE TO TUNA SEINERS, POLE-AND-LINE TUNA VESSELS AND SURFACE LONGLINERS

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

The fees provided for in Article 4 of the Agreement shall be set at EUR 25 per tonne caught in the São Tomé and
Príncipe fishing zone.

The competent authorities of São Tomé and Príncipe shall communicate the detailed rules for payment of the fees,
in particular the bank accounts and currencies to be used.

Licences shall be issued following payment into an account designated by the São Tomé and Príncipe Ministry
responsible for fisheries to be used under the terms of a protocol to be negotiated with the Public Treasury of a
one-off payment of EUR 3 750 per year for each tuna seiner, EUR 625 per year for each pole-and-line tuna vessel,
EUR 1 375 per year for each surface longliner of more than 150 GRT and EUR 1 000 per year for each surface
longliner, equivalent to the fees for:

— 150 t of tuna caught per year in the case of tuna seiners,

— 25 t of tuna caught per year in the case of pole-and-line tuna vessels,

— 55 t of tuna caught per year in the case of surface longliners.

3. STATEMENT OF CATCH AND STATEMENT OF FEES DUE FROM OWNERS OF TUNA SEINERS, POLE-AND-LINE

TUNA VESSELS AND SURFACE LONGLINERS

A fishing log in accordance with the ICCAT model in Appendix 2 shall be kept on vessels for each fishing period
spent in São Tomé and Príncipe waters. It shall be filled in even when no catches are made.

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The words ‘Outside São Tomé and Príncipe's EEZ’ shall be entered in the abovementioned logbook in respect of
periods during which the said vessels are not in São Tomé and Príncipe waters.

The forms, which must be legible and signed by the captains or their representatives, shall be sent within 45 days of
the end of fishing activities in São Tomé and Príncipe's exclusive economic zone to the São Tomé and Príncipe
Ministry responsible for fisheries, via the Delegation of the European Commission responsible for São Tomé and
Príncipe, and as soon as possible, for processing, to the Institut de Recherche pour le Développement (IRD), the
Spanish Oceanographic Institute (IEO) or the Instituto Português de Investigação Marítima (Ipimar).

If these provisions are not complied with, the São Tomé and Príncipe 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 responsible
for São Tomé and Príncipe shall be informed without delay.

Member States shall inform the European Commission before 31 July 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 São Tomé and Príncipe Ministry
responsible for fisheries.

Shipowners shall receive notification of the statement drawn up by the Commission by 30 September at the latest,
and shall have 30 days in which to meet their financial obligations. This payment shall be made by the shipowners
to an account designated by the São Tomé and Príncipe Ministry responsible for fisheries to be used under the
terms of a protocol to be negotiated with the Public Treasury. In cases where the amount payable in respect of
actual fishing operations is less than the advance payment, shipowners cannot recover the balance.

4. PROVISIONS APPLICABLE TO DEEP-WATER FISHING VESSELS TARGETING CRAB

(a) Licences issued to deep-water fishing vessels targeting crab shall be valid for three months. They shall be

renewable.

(b) The quarterly fee shall be EUR 42 per GRT per vessel.

5. STATEMENT OF CATCH FROM OWNERS OF DEEP-WATER FISHING VESSELS TARGETING CRAB

Deep-water fishing vessels targeting crab authorised to fish in São Tomé and Príncipe's exclusive economic zone
under the Agreement shall notify their catch statistics to the São Tomé and Príncipe Ministry responsible for
fisheries through the Delegation of the European Commission responsible for São Tomé and Príncipe 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 the São Tomé and Príncipe fishing zone shall permit and facilitate the boarding and
fulfilment of the tasks of São Tomé and Príncipe officials responsible for the inspection and monitoring of fishing
activities. 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 São Tomé and Príncipe authorities, tuna seiners and surface longliners shall take an observer
on board who shall be treated as an officer. Deep-water fishing vessels targeting crab shall systematically take an
observer on board. That observer shall be treated as an officer. The time spent on board by the observer shall be
fixed by the São Tomé and Príncipe authorities but, as a general rule, it should not exceed the time required to
carry out his duties. Once on board, observers shall:

— observe the fishing activities of the vessels,

— verify the position of vessels engaged in fishing operations,

— perform biological sampling in the context of scientific programmes,

— note the fishing gear used,

— verify the catch data for the São Tomé and Príncipe zone recorded in the logbook.

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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,

— draw up an activity report to be transmitted to the competent São Tomé and Príncipe authorities and copied to
the Delegation of the European Commission responsible for São Tomé and Príncipe. For deep-water vessels
targeting crab, this report shall include an interim statement of catches taken in the exclusive economic zone
and entered in the logbook. This interim statement must be submitted before the licence is issued for the
following period.

The conditions under which observers are taken on board, which should neither interrupt nor hinder the fishing
activities, shall be agreed between the shipowner or his agent and the São Tomé and Príncipe authorities.

The shipowner shall, via his agent, make a payment of EUR 10 to the Government of São Tomé and Príncipe for
each day spent by an observer on board a tuna seiner, surface longliner or deep-water fishing vessel targeting crab
as a contribution to the cost of the observer on board.

If the shipowner is unable to take the observer on board and put him off at a São Tomé and Príncipe port agreed
by common accord with that country's authorities, the shipowner shall bear the cost of taking the observer on
board and putting him ashore.

If the observer is not present at the time and place agreed and during the 12 hours following the time agreed, the
shipowner shall be automatically absolved of his obligation to take the observer on board.

The salary and social contributions of observers shall be borne by the competent São Tomé and Príncipe authorities.

8. FISHING ZONES

The tuna vessels and surface longliners 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 coast of each island.

The deep-water fishing vessels targeting crab referred to in Article 1 of the Protocol shall be authorised to engage in
fishing activities in the waters from the 650 isobath.

Without exception, all fishing activity in the zone destined for joint exploitation by São Tomé and Príncipe and
Nigeria, delimited by the coordinates set out in Appendix 4, shall be prohibited.

9. ENTERING AND LEAVING THE ZONE

Vessels shall notify the coastal radio station and the São Tomé and Príncipe Ministry responsible for fisheries of
their intention to enter or leave São Tomé and Príncipe's fishing zone at least 24 hours in advance (by telephone
(239) 122 20 91, fax (239) 122 28 28, or e-mail dpescas1@cstome.net).

When notifying their departure, all vessels shall also notify the estimated catches taken during the time they have
spent in São Tomé and Príncipe's fishing zone. This information should preferably be communicated by fax or, for
vessels not equipped with fax, by radio.

A vessel found to be fishing without having informed the São Tomé and Príncipe Ministry responsible for fisheries
shall be regarded as a vessel without a licence.

Vessels shall also be informed of the fax and telephone numbers and e-mail address when the fishing licence is
issued.

The São Tomé and Príncipe 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 3.

10. BY-CATCHES

Tuna seiners shall make any by-catches available to the São Tomé and Príncipe Directorate for Fisheries, which will
take charge of recovering and landing them.

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11. SIGNING-ON OF SEAMEN

At the request of the São Tomé and Príncipe authorities, the tuna seiner fleet shall take on board six São Tomé and
Príncipe seamen for the duration of the fishing season. No vessel may take more than one seaman on board.

The conditions of employment and remuneration shall be fixed by mutual agreement between the shipowners and
representatives of the seamen.

Should the fleet of tuna seiners not take on board six seamen, shipowners shall be obliged to pay compensation for
the seamen not taken on board, the level of which shall be fixed by the two parties and shall correspond to the
duration of the fishing season.

That sum shall be used for the training of seamen/fishermen in São Tomé and Príncipe and shall be paid into an
account specified by the São Tomé and Príncipe Ministry responsible for fisheries.

12. STANDARDS

The international standards on tuna fishing as recommended by ICCAT shall apply.

13. USE OF SERVICES

Community vessels shall, wherever possible, procure the supplies and services they require in São Tomé and
Príncipe ports.

14. PROCEDURES IN THE CASE OF BOARDING

(a) Transmission of information

The São Tomé and Príncipe Ministry responsible for fisheries shall inform the Delegation of the European
Commission responsible for São Tomé and Príncipe and the flag State, within 48 hours, of the boarding of any
Community fishing vessel fishing under the fisheries agreement in the São Tomé and Príncipe fishing zone and
shall transmit a brief report of the circumstances and reasons leading to such boarding. The Delegation of the
European Commission responsible for São Tomé and Príncipe and the flag State shall be kept informed of any
proceedings initiated and penalties imposed.

(b) Settlement of boarding

In accordance with the law on fisheries and the relevant regulations, infringements may be settled:

— either out of court, in which case the amount of the fine shall be determined in accordance with São Tomé

and Príncipe legislation laying down minimum and maximum figures,

— or by legal proceedings,

if no out-of-court settlement was possible, in accordance with São Tomé and

Príncipe law.

(c) The vessel shall be released and its crew authorised to leave the port:

— either as soon as the obligations imposed by the out-of-court procedure have been completed on presen-

tation of the receipt for the settlement, or

— on presentation of proof that a bank security has been lodged, pending completion of the legal proceedings.

15. PROCEDURES IN THE CASE OF PENALTIES

The Delegation of the European Commission responsible for São Tomé and Príncipe shall be informed of any
application of penalties involving a fishing vessel flying the flag of a Member State of the Community fishing under
the fisheries agreement between the European Economic Community and São Tomé and Príncipe and shall receive a
brief report of the circumstances and reasons leading to such penalties.

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DEMOCRATIC REPUBLIC OF SÃO TOMÉ AND PRÍNCIPE MINISTRY OF AGRICULTURE AND FISHERIES

Appendix 1

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2

x
i
d
n
e
p
p
A

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3

x
i
d
n
e
p
p
A

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Appendix 4

Latitude

Longitude

Degrees

Minutes

Seconds

Degrees

Minutes

Seconds

03

02

02

02

01

01

01

01

01

01

01

01

02

02

02

02

02

02

02

02

02

02

02

02

02

02

02

03

03

03

03

03

02

50

42

20

40

09

13

21

31

42

55

58

02

05

10

15

19

22

26

30

33

36

45

50

51

52

54

00

01

01

01

02

22

00

38

59

12

17

15

29

39

50

18

53

59

10

44

53

30

49

21

08

37

38

18

18

29

23

46

24

19

27

44

22

N

N

N

N

N

N

N

N

N

N

N

N

N

N

N

N

N

N

N

N

N

N

N

N

N

N

N

N

N

N

N

N

07

07

07

06

05

04

04

04

04

03

03

03

04

04

04

05

05

05

05

05

05

05

06

06

06

06

06

06

07

07

07

07

07

25

36

52

57

51

41

24

06

50

34

53

15

24

47

06

17

26

36

45

52

59

15

26

29

31

38

56

01

01

03

07

31

52

25

45

54

38

27

14

55

23

33

40

11

56

58

03

11

57

20

22

58

00

57

41

27

46

07

58

07

46

07

31

E

E

E

E

E

E

E

E

E

E

E

E

E

E

E

E

E

E

E

E

E

E

E

E

E

E

E

E

E

E

E

E