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 from 3 August 2002 to 2 August 2004, the fishing opportunities and the financial contribution provided for by the Agreement between the European Economic Community and the Government of the Republic of Angola on fishing off Angola .
Date: 2002-10-02
Institutions: European Commission
Subjects: Angola, catch quota, financial compensation of an agreement, fishing agreement, fishing area, fishing regulations

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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 from 3
August 2002 to 2 August 2004, the fishing opportunities and the financial contribution provided
for by the Agreement between the European Economic Community and the Government of the
Republic of Angola on fishing off Angola

(2002/C 331 E/52)

COM(2002) 492 final

(Submitted by the Commission on 2 October 2002)

EXPLANATORY MEMORANDUM

The protocol annexed to the fisheries agreement between the EC and the Republic of Angola expired on
2.5.2002, but was prolonged until 2.8.2002 while the negotiations to renew the protocol were continuing.
These negotiations resulted in the initialling of a new protocol in Luanda on 30 June 2002.

The new Protocol will be the ninth since the entry into force of the fisheries agreement between the EC
and Angola in 1987. In terms of fishing opportunities for Community vessels it is the second most
important agreement after Mauritania.
the Agreement with
Angola is an integral part of the network of agreements on tuna covering the Atlantic zone, which
allows the Community fleet to follow straddling stocks.

It should also be noted that

for tuna,

The new protocol covers the period from 3 August 2002 to 2 August 2004. It grants fishing opportunities
for 33 tuna vessels, 22 shrimp vessels and 4 200 GRT per month of demersal trawlers, compared with
opportunities for 43 tuna vessels, 22 shrimp vessels and 3 750 GRT per month of demersal trawlers under
the previous protocol. These levels were fixed on the basis of the conclusions of a group of Angolan and
Community scientists, which met in Luanda to review the scientific information on the state of the
resources at the same time as the third and final round of negotiations were being conducted.

financial

contribution has been increased to EUR 15 500 000 per year

compared with
The
EUR 13 975 000 per year
in the previous protocol. The increase is justified by the increase in
demersal opportunities and by the establishment of a partnership with Angola to encourage responsible
and sustainable fisheries. Under this partnership, 36 % of the financial contribution is earmarked to finance
the development of scientific research, surveillance, artisanal fisheries and local fishing communities,
training and aquaculture, and will ensure greater coherence between the fisheries and development
policies at Community level.

In order to ensure that the level of fishing under the terms of the protocol remains consistent with the
responsible management of the resources, a scientific meeting will be held once per year to monitor the
state of the stocks. Based on the results of these meetings, the fishing opportunities under the protocol
will, if necessary, be revised.

The Angolan authorities decided to reduce the number of Community tuna vessels having access to
Angolan waters from 43 vessels to 33 vessels. This is probably because other partners have offered to
finance the construction of onshore tuna processing facilities in return for access to the tuna resources in
Angolan waters. This reduction does not however call for a reduction of the financial compensation, since
this is calculated only on the basis of the shrimp and demersal opportunities. There is no additional charge
to the Community for the access of the tuna vessels, but instead the shipowners pay per tonne of the
actual catches

In view of the above, the new protocol
is considered to be good value for money. Moreover, the
establishment of a partnership with Angola and the annual scientific reviews of the state of the stocks
will encourage the responsible and sustainable exploitation of the resources to the mutual benefit of the
Community and Angola.

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 proposal for a Council regulation on the conclusion of the new Protocol is the subject of a separate
procedure.

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THE COUNCIL OF THE EUROPEAN UNION,

Article 2

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

The fishing opportunities
allocated among the Member States as follows:

fixed in the Protocol

shall be

Having regard to the proposal from the Commission,

— shrimp vessels:

Whereas:

(1) In accordance with the Agreement between the European
the
Economic Community and the Government of
Republic of Angola on fishing off Angola (1),
the two
parties held negotiations to determine any amendments
or additions to be made to the Agreement at the end of
the period of application of the Protocol annexed thereto.

— Spain: 6 550 GRT per month, averaged over the year,

22 vessels

— demersal fishing vessels:

— Spain: 1 850 GRT per month, averaged over the year

— Portugal: 1 100 GRT per month, averaged over the

(2) As a result of

these negotiations, a new Protocol was

year

initialled on 30 June 2002.

(3) The Protocol provides Community fishermen with fishing
opportunities in waters under the sovereignty or juris-
diction of Angola from 3 August 2002 to 2 August 2004.

(4) In order

to ensure uninterrupted fishing activities by
Community vessels,
it is essential that the new Protocol
be approved as quickly as possible. To this end, the two
parties initialled an Agreement in the form of an Exchange
of Letters providing for the provisional application of the
initialled Protocol from 3 August 2002.

(5) 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,

HAS ADOPTED THIS DECISION:

— Italy: 750 GRT per month, averaged over the year

— Greece: 500 GRT per month, averaged over the year

— freezer tuna seiners:

— France: 6 vessels

— Spain: 9 vessels

— surface longliners:

— Portugal: 4 vessels

— Spain: 14 vessels

— pelagic fishing vessels:

Article 1

— Netherlands and/or Ireland: 2 vessels

the fishing opportunities

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

fixed by the Protocol,

licence applications

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.

in the form of an Exchange of Letters
The Agreement
concerning the provisional application of the Protocol setting
out, for the period from 3 August 2002 to 2 August 2004, the
fishing opportunities and the financial contribution provided
for by the Agreement between the European Economic
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.

(1) OJ L 341, 3.12.1987, p. 2.

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AGREEMENT

in the form of an Exchange of Letters concerning the provisional application of the Protocol
setting out, for the period from 3 August 2002 to 2 August 2004, the fishing opportunities and
the financial contribution provided for by the Agreement between the European Economic
Community and the Government of the Republic of Angola on fishing off Angola

A. Letter from the Government of the Republic of Angola

Sir,

With reference to the Protocol
initialled on 30 June 2002 setting out the fishing opportunities and
financial contribution for the period 3 August 2002 to 2 August 2004, 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
the European
Community is prepared to do the same.

from 3 August 2002, pending its entry into force, provided that

Should this be the case the first payment of the financial compensation provided for in Article 3 of the
Protocol is to be made before 30 November 2002.

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

I have the honour to acknowledge receipt of your letter of today's date, which reads as follows:

B. Letter from the European Community

‘With reference to the Protocol initialled on 30 June 2002 setting out the fishing opportunities and
financial contribution for the period 3 August 2002 to 2 August 2004, 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 August 2002, pending its entry into force, provided that the
European Community is prepared to do the same.

Should this be the case the first payment of the financial compensation provided for in Article 3 of
the Protocol is to be made before 30 November 2002.

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 to such provisional application.

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

On behalf of the European Community

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Setting out, for the period from 3 August 2002 to 2 August 2004, the fishing opportunities and
the financial contribution provided for by the Agreement between the European Economic
Community and the Government of the Republic of Angola on fishing off Angola

PROTOCOL

Article 1

From 3 August 2002, 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 GRT per month, as an annual

average (maximum 22 vessels)

of the Protocol) in return for the fishing opportunities set out
in Article 1.

The financial compensation shall be paid into an account
designated by the Ministry of Finance via the Fisheries and
Environment Ministry.

Catches by Community vessels may not exceed 5 000 tonnes
of shrimps and prawns, including 30 % of prawns and 70 %
of shrimps.

2. Demersal vessels (trawlers, bottom longliners and fixed
gillnets): 4 200 GRT per month, as an annual average.

Fishing for Centrophorus granulosus is prohibited.

3. Fishing for pelagic species: 2 vessels

This type of fishing shall, because of its nature, be subject to
a trial period of six months.

4. Freezer tuna seiners: 15 vessels

5. Surface longliners: 18 vessels

These
limits on fishing opportunities may be raised if
Community shipowners are prepared to contribute to the
improvement of Angola's fisheries industry, in which case the
two parties, meeting as a Joint Committee, will decide jointly
on the additional
fishing opportunities and the financial
compensation.

Article 2

After the trial period of fishing for pelagic species and on the
basis of
the results achieved and the scientific opinions
available, the two parties will, within the framework of the
Joint Committee and following a meeting of the Joint Scientific
Group referred to in Article 6, decide on the fishing oppor-
tunities for pelagic species for the remaining years of this
Protocol and the financial compensation payable in return
for those opportunities.

Article 3

1.
The financial compensation provided for in Article 7 of
the Agreement for the period referred to in Article 1 of this
Protocol
year
(EUR 9 975 000 per year of financial compensation proper
and EUR 5 525 000 for the measures referred to in Article 3

EUR 15 500 000 per

is hereby

set

at

financial

compensation

The
later
than 30 November of the first year of the Protocol and not
later than the anniversary date of the Protocol the following
year.

shall

paid

not

be

2.
If vessels withdraw from the Agreement and the Angolan
authorities do not agree to their replacement by other vessels,
the
for
resulting reduction in fishing opportunities
the
Community shall entail a proportional adjustment of
the
financial compensation provided for in paragraph 1.

Angola shall have full discretion regarding the use to

3.
which the financial compensation is put.

Article 4

With a view to ensuring the development of sustainable and
responsible fishing the two parties will, in their mutual interest,
in particular of
set up a partnership for
encouraging: better knowledge of
fishery and biological
resources; quality control; marketing and obtaining the best
return from fishery products; fisheries control; the development
of non-industrial fishing; fishing communities; and training.

the purpose

the EUR 5 525 000 earmarked for the
The breakdown of
measures provided for in Article 3(1) each year shall be as
follows:

1. Scientific and technical programmes intended to improve
knowledge of fishery and biological resources in Angola's
fishing zone: EUR 750 000

2. Quality control programme: EUR 350 000

3. Support programme for marketing and obtaining the best

return from fisheries products: EUR 250 000

4. Support programme for fisheries surveillance: EUR 775 000

5. Programme for the development of non-industrial fishing
and the support of fishing communities: EUR 1 150 000

6. Programme of institutional support for the Fisheries and

Environment Ministry: EUR 500 000

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7. Programme to finance fisheries

schools,
training in the various scientific,

study grants,
practical
technical and
economic disciplines related to fisheries and participation
in international organisations,
symposia and
workshops: EUR 1 500 000

seminars,

8. Programme

to

encourage

the

development

of

aquaculture: EUR 250 000

The Fisheries and Environment Ministry shall decide on the
measures and the annual amounts allocated thereto and shall
keep the Commission of the European Communities informed.

The annual amounts shall be made available to the bodies
concerned in an account designated by the Ministry of
Finance via the Fisheries and Environment Ministry, not later
than 30 November for the first year and, thereafter, on the
anniversary date of the Protocol.

contribution by the European Community may be interrupted
subject to the prior agreement of both parties.

Article 6

A joint scientific meeting shall be held annually to look into
questions relating to the sustainable management of fishery
resources.

Article 7

The implementation of the Agreement may be suspended if the
in
Community fails to make the payments provided for
Articles 2, 3 and 4 within the time limits laid down.

Article 8

the anniversary date of

The Fisheries and Environment Ministry shall, three months
after
the Protocol, provide the
Commission of
the European Communities with written
information on the implementation of the Protocol and the
results achieved. The European Community may, in the light
the measures and after
of
consulting the Angolan authorities,
review the payments
concerned.

implementation of

the actual

All activities of vessels operating under this Protocol and the
and
annexes
the
consumption of
shall be
governed by the laws applicable in the Republic of Angola.

transhipment
(food and fuel),

particular
supplies

in
ship's

thereto,

Fishery products caught by Community vessels operating under
the terms of the Agreement shall, for the purposes of this
Protocol, be regarded as being of Community origin.

Article 5

Article 9

In the event of a significant change in the conditions of exploi-
tation of fisheries resources in Angola's EEZ which prevents the
the financial
exercise of

fishing activities,

the payment of

This Protocol shall enter into force after both parties have
given notification of
respective
approval procedures.

conclusion of

their

the

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ANNEX A

CONDITIONS GOVERNING THE FISHING ACTIVITIES OF COMMUNITY VESSELS IN ANGOLAN WATERS

1.

Applications for licences and formalities for their issuance

1.1.

The Commission of the European Communities shall, via its Delegation in Angola, present to Angola's fisheries
authorities one application per vessel for each shipowner wishing to fish under the terms of this Agreement. It
shall do so 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 set out in Appendix 1
and Appendix 2. On first application the form shall be accompanied by a tonnage certificate for the vessel
concerned. Each application shall be accompanied by proof of payment of the fee covering the period of validity
of the licence.

1.2.

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

1.3.

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

1.4.

Licences shall be issued by the Angolan authorities to the skipper of the vessel, at the port of Luanda, after the
vessel has been inspected by the competent authority.

1.5.

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

1.6.

Licence must be kept 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 be communicated to the Angolan
authorities responsible for fisheries surveillance. Pending receipt of the actual licence, a copy may be obtained by
fax which must be kept on board.

1.7.

Licences shall be valid for one year.

1.8.

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

1.9.

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

2.

Fees

2.1.

Provisions applicable to shrimp vessels and demersal fishing vessels

The licence fee shall be:

— EUR 52/month per GRT for shrimp vessels,

— EUR 220/year per GRT for demersal vessels.

2.2.

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

2.3.

Provisions applicable to tuna vessels and surface longliners

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

Licences shall be issued once Angola has been paid a flat-rate advance of EUR 4 500 a year — equivalent to the
fee for a catch of 180 tonnes per year — for each freezer tuna seiner and EUR 2 500 a year — equivalent to the
fee for a catch of 100 tonnes per year — for each surface longliner.

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

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This statement shall simultaneously be communicated to the Angolan authorities and the shipowners. Additional
payments, if any, by the shipowners shall be made within 30 days of notification of the final statement, into an
account opened with a financial institution or to any other body specified by the Angolan authorities.

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

3.

Biological rest period

Shrimp fishing may each year be the subject of a biological rest period in the light of the findings of current
scientific surveys. Such periods shall be notified not less than three months in advance to the Commission and
the shipowners. Shipowners shall not be required to pay a licence fee during a biological rest period.

4.

By-catches

By-catches by shrimp vessels shall remain the property of the shipowners. Altogether, shrimp vessels may catch
up to 500 tonnes of crab per year.

5.

Landings

Community surface longliners and tuna boats shall endeavour to supply Angolan tuna canneries, in accordance
with their fishing effort in the zone and at a price agreed jointly between the shipowners and the Angolan
fisheries authorities on the basis of current world market prices. Payment shall be made in convertible currency.

6.

Control of transhipments and departing vessels

Transhipments shall be notified eight days in advance to the Angolan fisheries authorities and shall take place,
in the presence of the Angolan customs authorities.
either in the Bay of Luanda or in the Bay of Lobito,

Transhipment operations shall be subject to stamp duty and service taxes, all payments concerned being made to
the customs authorities in accordance with the legislation in force.

A copy of the documentation relating to transhipments shall, 15 days before the end of each month for the
preceding month, be transmitted to the Surveillance Directorate of the Fisheries and Environment Ministry.

Any Community fishing vessel wishing to leave Angola's EEZ with its catch or catches must give eight days'
notice and submit to a customs check in the Bay of Luanda or the Bay of Lobito.

7.

Food supplies (ship's supplies)

7.1.

7.2.

European Community fishing vessels taking on supplies of food in Angola shall do so in accordance with the
legislation in force, using only specialist ship's chandlers registered with the Ministry of Trade and established in
Angola.

If some or all of the food supplies come from outside Angola a list of the products must be sent to the Customs
authorities in respect of each vessel, stating the number of crew members on board, in order to determine
whether the quantities concerned are reasonable in relation to on-board consumption requirements. Export duty
and other taxes shall be payable on any quantity in excess of what is regarded as reasonable.

7.3. Work relating to the provision of ship's supplies shall be subject to stamp duty and to service taxes.

8.

Fuel supplies (ship's supplies)

8.1. With the exception of tuna vessels, all vessels operating in Angola's fishing zone under the terms of this

Agreement will be provided with facilities for obtaining supplies of fuel and water in Angola.

8.2.

In Angola, fuel may be taken on in Luanda or Lobito only.

Any transhipment of fuel supplies from a tanker or merchant vessel in Lobito or Luanda must take place in the
presence of the customs authorities and shall be subject to stamp duty and service taxes.

8.3. Where a fishing vessel obtains supplies outside territorial waters and the 24-mile area, the customs authorities
shall be notified, stating the quantities concerned, the location of the vessel and the name of the supplier.

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9.

Reporting catches

9.1.

Shrimp vessels and demersal vessels

9.1.1. Shrimp vessels and demersal vessels shall, at the end of each fishing campaign, transmit the catch reports set out
in Appendices 3 and 4 to the Instituto de Investigação Marinha (Marine Research Institute) via the Delegation of
the European Communities.

Moreover, each vessel shall, via the Delegation of the European Community, present to the Planning, Studies and
Statistics Office of the Fisheries and Environment Ministry a monthly report 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.

9.1.2. In addition, shrimp vessels and demersal vessels shall report daily their geographical position and the previous
day's catches to Luanda radio station. The call sign will be notified to the owner when the fishing licence is
issued. Vessels must, if they are unable to contact the above-mentioned radio station, use alternative means of
communication.

No fishing or merchant vessel may leave the territorial waters of the Republic of Angola without the prior
authorisation of the Direcção Nacional de Fiscalização (National Directorate for Surveillance) of the Fisheries and
Environment Ministry and without the catches on board being checked.

9.2.

Tuna vessels and surface longliners

Every three days during fishing operations 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.

Vessels shall, if they are unable to contact the above-mentioned radio station, use alternative means of communi-
cation.

Vessels shall keep a fishing logbook in accordance with the model in Appendix 5 for each fishing period spent in
Angola's fishing zone. Fishing logbooks must be filled in even where no catch has been taken.

For periods spent outside Angolan waters, ‘Outside Angola's EEZ’ must be entered in the fishing logbook.

The form must be completed legibly, must be signed by the skipper of the vessel and must be sent to the
National Inspection and Surveillance Directorate of the Fisheries and Environment Ministry via the Delegation of
the Commission of the European Communities within 45 days of the end of the fishing campaign in Angolan
waters; it must also be sent as soon as possible for processing to the scientific institutes referred to at 2.2.

In the event of failure to comply with this provision Angola reserves the right to suspend the licence of the vessel
concerned until the necessary formalities have been complied with and to apply the penalties applicable under
Angolan legislation. The Delegation of the Commission of the European Communities in Angola will in such
cases be informed at once.

10.

Fishing zones

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

10.2. The fishing zones accessible to vessels engaged in demersal fishing shall comprise all waters under the sovereignty

or 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 South, and southwards by a line five miles north of the limit between the EEZs (exclusive economic
zones) of Angola and Namibia,

— vessels using other types of gear: beyond the first 12 nautical miles, measured from the base lines and
restricted southwards by a line five miles north of the limit between the EEZs of Angola and Namibia.

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

11. Hiring of crew members

11.1. Owners of fishing vessels other than freezer tuna seiners and surface longliners to whom fishing licences have
been issued under the terms of 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 Fisheries and
Environment Ministry.

11.2. Should an observer be taken on board at Angola's request, he shall be regarded as one of the six seamen referred

to at 11.1.

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

11.4. The wages of the seamen and technicians on board shall be borne by the shipowners in accordance with terms
mutually agreed by the contracting parties and shall be paid into an account opened with a financial institution
designated by the Fisheries and Environment Ministry. This pay shall include life insurance against all risks.

11.5.

In addition, a total of 20 trainee seamen will each year be selected for the engine room and deck by the Fisheries
and Environment Ministry and be distributed among the above-mentioned vessels. The trainees' wages, which
shall be borne by the shipowners, may be worth up to 1/3 of that of seasoned seamen and must include the cost
of life insurance against all risks.

11.6. After the traineeship has been satisfactorily completed the skipper shall sign a document to that effect after the
trip, such document then being sent, via the owner or his representative, to the Fisheries and Environment
Ministry.

12.

Scientific observers

12.1. Any vessel may be asked to take on board a scientific observer designated and employed by the Fisheries and

Environment Ministry.

12.2. Observers shall not normally remain on board for more than one trip.

12.3. The time spent on board by the observer shall be set by the Angolan authorities but, as a general rule, should not

exceed the time required to carry out the duties concerned.

12.4. Observers will be treated as ship's officers.

Observers shall:

— observe the fishing activities of the vessels,

— perform biological sampling in the context of scientific programmes,

— take note of the fishing gear used,

— verify the catch data for Angola's zone as recorded in the logbook,

— report fishing data by radio once a week.

12.5. 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.

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The conditions under which observers are taken on board are to be agreed between the shipowner or his agent
and the Angolan authorities. The cost of the observers' wages and social insurance contributions shall be charged
to the Fisheries and Environment Ministry. Shipowners shall, through their agents, pay the Marine Research
Institute EUR 15 for each day spent by an observer on board a vessel. Shipowners who are unable to take
observers aboard and put them ashore at an Angolan port agreed by common accord with the Angolan auth-
orities 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 or during the twelve hours following the time agreed,
shipowners shall automatically be absolved of their obligation to take the observer on board.

13.

Inspection and monitoring

Community vessels fishing under the terms of the Agreement shall be monitored by satellite in accordance with
the Protocol on VMS and without prejudice to the Angolan legislation applicable.

the request of

At
the
Agreement shall allow on board any Angolan officials responsible for the inspection and monitoring of
fishing activities and facilitate the accomplishment of their duties.

the Angolan authorities, Community fishing vessels operating under the terms of

These officials shall not remain on board any longer than is necessary for the accomplishment of their duties.

14. Mesh size

The minimum size of the mesh used shall be:

— 50 mm for shrimp fishing;

— 110 mm for demersal fishing.

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

15.

Boarding

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

15.2.

In the case of vessels authorised to fish in Angolan waters, 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 alleged infringement, a consultation meeting shall be held, within 48 hours of
receipt of the above-mentioned information, between the Delegation of the Commission of the European
Communities, the Fisheries and Environment Ministry 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, in particular automatically
registered data showing the vessel's positions during the trip up to the time of boarding, which may help to
clarify the circumstances of the facts concerned.

The shipowner or his representative shall be informed of the outcome of the meeting and of any measures
resulting from the boarding.

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

15.4.

If the case cannot be settled by compromise, judicial proceedings shall be brought and bank security payable by
the shipowner shall be set by the relevant authority within 48 hours following the conclusion of the compromise
procedure pending the judicial decision. The amount of the security may not exceed the maximum penalty
applicable under national legislation for the alleged infringement. The bank security shall be returned to the
shipowner by the relevant authority once the case is settled by judicial decision without the master of the vessel
concerned being incriminated.

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15.5. The vessel and its crew shall be released:

— at the end of the concertation meeting, if the established facts permit, or

— as soon as the obligations arising from the compromise have been fulfilled, or

— as soon as bank security has been lodged by the shipowner (judicial proceedings).

16.

Infringements

Any infringement of Angolan legislation or the provisions of this Protocol by a Community vessel shall be
notified to the Delegation of the Commission of the European Communities in Luanda, without prejudice to the
sanctions applicable under the legislation concerned.

ANNEX B

CONDITIONS GOVERNING THE FISHING ACTIVITIES OF COMMUNITY VESSELS FISHING FOR PELAGIC SPECIES IN
ANGOLAN WATERS

1.

Applications for licences and formalities for their issuance

1.1. The Commission of the European Communities shall, via its Delegation in Angola, present to Angola's fisheries
authorities one application per vessel for each shipowner wishing to fish under the terms of this Agreement. It
shall do so 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 shall be accompanied by a tonnage certificate for the vessel concerned. Each
application shall be accompanied by proof of payment of the fee covering the period of validity of the licence.

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 being presented only with the first application or if
the technical characteristics of the vessel have changed.

1.2.

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

1.3.

Licences shall be issued by the Angolan authorities to the skipper of the vessel, at the nearest port, after the vessel
has been inspected by the competent authority.

1.4. The Delegation of the Commission of the European Communities in Angola shall be notified of the licences by

Angola's fisheries authorities.

1.5.

Licences must be kept 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 be communicated to the Angolan authorities responsible for fisheries surveillance.
Pending receipt of the actual licence, a copy may be obtained by fax which must be kept on board.

1.6.

Licences shall be valid for a minimum of one month and may be renewed.

1.7.

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

1.8. The Angolan authorities shall, before the entry into force of this Protocol, communicate details of the bank

accounts and currencies to be used for paying the fees.

1.9.

Licences shall cover the fishing of mackerel, sardinella and horse mackerel. A by-catch of up to 10 % is auth-
orised.

2.

Fees

The fee is set at EUR 3/month per GT.

After the trial period the conditions governing these fishing operations (obligation to take seamen on board and
put them ashore) shall be laid down by common agreement between the shipowners and the Angolan authorities
in the light of the results of the said period.

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3.

Transhipment

All transhipments shall be notified to the competent Angolan fisheries authorities eight days in advance and shall
take place in either the Bay of Luanda or the Bay of Lobito in the presence of the Angolan Customs authorities.

Transhipment operations shall be subject to stamp duty and service taxes, all payments concerned being made to
the customs authorities in accordance with the legislation in force.

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

Any Community fishing vessel wishing to leave Angola's EEZ with its catch or catches must submit to a customs
check in the Bay of Luanda or the Bay of Lobito after giving eight days' notice.

4.

Food supplies (ship's supplies)

4.1.

4.2.

European Community fishing vessels taking on supplies of food in Angola shall do so in accordance with the
legislation in force, using only specialist ship's chandlers registered with the Ministry of Trade and established in
Angola.

If some or all of the food supplies come from outside Angola a separate list of the products must be sent to the
Customs in respect of each vessel, stating the number of crew members on board, in order to determine whether
the quantities of products concerned may be regarded as reasonable in relation to on-board consumption
requirements. Any quantity in excess of what is regarded as reasonable shall be subject to export duty and
other taxes.

4.3. Work relating to the provision of ship's supplies shall be subject to stamp duty and service taxes.

5.

Fuel supplies (ship's supplies)

5.1. With the exception of tuna vessels, all vessels operating in Angola's fishing zone under the terms of this

Agreement will be provided with facilities for obtaining their fuel and water supplies in Angola.

5.2. Any fuel taken on board in Angola must be taken on in Luanda or Lobito.

The transhipment of fuel supplies from a tanker or merchant ship in Lobito or Luanda must take place in the
presence of the customs authorities and is subject to stamp duty and service taxes.

5.3. Where a fishing vessel obtains its supplies outside territorial waters and the 24-mile area, the customs authorities
shall be notified, stating the quantities concerned, the location of the vessel and the name of the supplier.

6.

Reporting catches

6.1. At the end of each fishing campaign vessels fishing for pelagic species shall transmit to the Fisheries Research
Institute in Luanda, via the Delegation of the Commission of the European Communities, daily catch reports in
accordance with the specimen shown in Appendix 6.

Moreover, each vessel shall present a monthly report to the Planning, Studies and Statistics Office of the Fisheries
and Environment Ministry, listing the catches made during the month and the 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.

6.2. No fishing vessel may leave Angola's fishing zone without obtaining the prior authorisation of the Fisheries
Surveillance Directorate of the Fisheries and Environment Ministry after the catches on board have been checked.

In the event of failure to comply with this provision, Angola reserves the right to apply the penalties applicable
under its legislation.

7.

Fishing zones

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

8.

Hiring of crew members

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

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9.

Scientific observers

9.1. Vessels may be asked to take on board a scientific observer designated and employed by the Fisheries and

Environment Ministry.

Observers shall not normally remain on board for more than one trip.

9.2. The time spent on board by the observer shall be fixed by the Angolan authorities, but, as a general rule, should

not exceed the time required to carry out the duties concerned.

9.3. Observers shall be treated as ship's officers.

Observers shall:

— observe the fishing activities of the vessels,

— perform biological sampling in the context of scientific programmes,

— take note of the fishing gear used,

— verify the catch data for Angola's zone as 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 under which observers are taken on board are to be agreed between the shipowner or his agent and
insurance contributions are to be paid by the Fisheries and
the Angolan authorities. Their wages and social
Environment Ministry. Shipowners shall, through their agents, pay the Marine Research Institute EUR 30 for each
day spent by an observer on board a vessel. Shipowners who are unable to take observers on board and put them
ashore 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 or during the twelve hours following the time agreed,
shipowners shall automatically be absolved of their obligation to take the observer on board.

10.

Inspection and surveillance

Community vessels fishing under the Agreement shall be monitored by satellite in accordance with the Protocol
on VMS and without prejudice to the Angolan legislation applicable.

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

These officials shall not remain on board any longer than is necessary for the accomplishment of their duties.

11. Mesh size

The minimum size of the mesh used shall be 60 mm.

12.

Boarding

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

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12.2. In the case of vessels authorised to fish in Angolan waters, 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 alleged infringement, a consultation meeting shall be held, within 48 hours of
receipt of the above-mentioned information, between the Delegation of the Commission of
the European
Communities, the Fisheries and Environment Ministry 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, in particular automatically
registered data showing the vessel's positions during the trip up to the time of boarding, which may help to
clarify the circumstances of the facts concerned.

The shipowner or his representative shall be informed of the outcome of the meeting and of any measures
resulting from the boarding.

12.3. Before any judicial proceedings, an attempt shall be made to resolve the alleged infringement

through a
compromise procedure. This procedure shall be completed no later than three working days after the boarding.

12.4. If the case cannot be settled by compromise, judicial proceedings shall be brought before a competent judicial
body and a bank security payable by the shipowner shall be set by the relevant authority within 48 hours
following the conclusion of the compromise procedure pending a judicial decision. The amount of the security
may not exceed the maximum penalty applicable under national legislation for the alleged infringement. The bank
security shall be returned to the shipowner by the relevant authority once the case is settled by judicial decision
without the master of the vessel concerned being incriminated.

12.5. The vessel and its crew shall be released:

— at the end of the concertation meeting, if the established facts permit, or

— as soon as the obligations arising from the compromise have been fulfilled, or

— as soon as bank security has been lodged by the shipowner (judicial proceedings).

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

Appendix 1

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APPLICATION FOR A LICENCE TO FISH FOR TUNA IN ANGOLAN WATERS

Appendix 2

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Appendix 3.1

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