Protocol setting out the fishing opportunities and financial contribution provided for in the Agreement between the European Community and the Gabonese Republic on fishing off the coast of Gabon for the period from 3 December 2005 to 2 December 2011
Date: 2005-10-28
Institutions: European Community, Gabon
Subjects: Gabon, agreement (EU), deep-sea fishing, financial compensation of an agreement, fishing agreement, fishing regulations, protocol to an agreement

18.11.2006

EN

Official Journal of the European Union

L 319/17

AGREEMENT IN THE FORM OF AN EXCHANGE OF LETTERS

on the provisional application of the Protocol setting out the fishing opportunities and financial
contribution provided for in the Agreement between the European Community and the
Gabonese Republic on fishing off the Coast of Gabon for the period from 3 December 2005 to
2 December 2011

Sir,

A. Letter from the Government of Gabon

With reference to the Protocol, initialled on Friday 28 October 2005, setting out the fishing opportunities
and the financial contribution for the period from 3 December 2005 to 2 December 2011, I have the
honour to inform you that Gabon is willing to apply the Protocol provisionally from 3 December 2005
pending its entry into force in accordance with Article 13 thereof, provided that the European Community
is prepared to do likewise.

This is on the understanding that the first instalment of the financial contribution, laid down by Article 2 of
the Protocol, must be paid before 30 September 2006.

I should be grateful if you would confirm the agreement of the European Community to such a provisional
application.

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

For the Government of Gabon

Sir,

B. Letter from the European Community

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

‘With reference to the Protocol, initialled on Friday 28 October 2005, setting out the fishing opportu-
nities and the financial contribution for the period from 3 December 2005 to 2 December 2011, I have
the honour to inform you that Gabon is willing to apply the Protocol provisionally from 3 December
2005 pending its entry into force in accordance with Article 13 thereof, provided that the European
Community is prepared to do likewise.

This is on the understanding that the first instalment of the financial contribution, laid down by Article 2
of the Protocol, must be paid before 30 September 2006.’

I am pleased to confirm the agreement of the European Community to a provisional application.

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

For the Council of the European Union

L 319/18

EN

Official Journal of the European Union

18.11.2006

setting out the fishing opportunities and financial contribution provided for in the Agreement
between the European Community and the Gabonese Republic on fishing off the coast of Gabon
for the period from 3 December 2005 to 2 December 2011

PROTOCOL

Article 1

Period of application and fishing opportunities

For a period of six years from 3 December 2005, the
the

under Article 5 of

1.
fishing
granted
opportunities
Agreement shall be as follows:

Highly migratory species (species listed in Annex 1 to the 1982
United Nations Convention)

4.
If the overall quantity of catches by Community vessels in
Gabonese waters exceeds 11 000 tonnes per year, the amount
of the annual financial contribution (EUR 715 000) shall be
caught.
increased by EUR 65 for
However, the total annual amount paid by the Community
shall not be more than twice the amount
indicated in
paragraph 3 (EUR 1 430 000). Where the quantities caught by
Community vessels exceed the quantities corresponding to twice
the total annual amount,
the amount due for the quantity
exceeding that limit shall be paid the following year.

each additional

tonne

— freezer tuna seiners: 24 vessels,

— surface longliners: 16 vessels.

Payment of

5.
the financial contribution referred to in
paragraph 1 shall be made no later than 30 September 2006
for the first year and no later than 30 June 2007, 2008, 2009,
2010 and 2011 for the following years.

Paragraph 1 shall apply subject to Articles 4 and 5 of this

2.
Protocol.

6.
Subject to Article 6, the Gabonese authorities shall have
full discretion regarding the use to which this financial contri-
bution is put.

3.
Vessels flying the flag of a Member State of the European
Community may fish in the Gabonese fishing zone only if they
are in possession of a fishing licence issued under this Protocol
in accordance with the Annex hereto.

The financial contribution shall be paid into account No
‘Pêche Maritime’ (Sea Fisheries) in the name of the

7.
47069 X,
Public Treasury of Gabon.

Article 2
Financial contribution — Methods of payment

1.
The financial contribution referred to in Article 7 of the
Agreement shall comprise, for the period referred to in Article
1, an annual amount of EUR 715 000 equivalent to a reference
tonnage of 11 000 tonnes per year and a specific amount of
EUR 145 000 per year for the support and implementation of
initiatives taken in the context of the Gabonese sectoral fisheries
policy. This specific amount shall be an integral part of the
single financial contribution defined in Article 7 of
the
Agreement.

Paragraph 1 shall apply subject to Articles 4, 5 and 7 of

2.
this Protocol.

The Community shall pay the sum of

3.
referred to in paragraph 1,
during the period of application of this Protocol.

the amounts
i.e. EUR 860 000, each year

Article 3
Cooperation on responsible fishing — Scientific meeting

The Parties hereby undertake to promote responsible
1.
fishing in Gabonese waters on the basis of the principles of
non-discrimination between the different
fishing in
those waters.

fleets

During

the period covered by

2.
the
Community and the Gabonese authorities shall endeavour to
monitor the evolution of resources in the Gabonese fishing
zone.

Protocol,

this

The Parties undertake to promote cooperation at subre-
in particular, within

level on responsible fishing and,

3.
gional
COREP.

18.11.2006

EN

Official Journal of the European Union

L 319/19

In accordance with Article 4 of the Agreement and on the
4.
basis of the recommendations and resolutions adopted within
the International Commission for the Conservation of Atlantic
Tunas (ICCAT), and in the light of the best available scientific
advice, the Parties shall consult each other within the Joint
Committee provided for in Article 9 of the Agreement and
adopt, where appropriate after a scientific meeting possibly at
subregional level, and by mutual agreement, measures to ensure
the sustainable management of fisheries resources affecting the
activities of Community vessels.

Article 4

Review of fishing opportunities by mutual agreement

1.
The fishing opportunities referred to in Article 1 may be
increased by mutual agreement provided that the conclusions of
the scientific meeting referred to in Article 3(4) confirm that
such an increase will not endanger the sustainable management
of Gabon's resources. In this case the financial contribution of
EUR 715 000 referred to in Article 2(1) shall be increased
the total
proportionately and pro rata temporis. However,
amount of the financial contribution paid by the European
Community in respect of the reference tonnage shall not be
more than twice the amount of EUR 715 000. Where the quan-
tities caught annually by Community vessels are more than
twice 11 000 (i.e. 22 000) tonnes, the amount due for the
quantity exceeding that limit shall be paid the following year.

2.
Conversely, if the Parties agree to adopt a reduction in the
fishing opportunities provided for in Article 1, the financial
contribution shall be reduced proportionately and pro rata
temporis.

the

The

allocation of

fishing opportunities

3.
among
different categories of vessels may also be reviewed, following
consultations and by mutual agreement between the Parties,
provided that any changes comply with recommendations
made by the scientific meeting referred to in Article 3
regarding the management of stocks liable to be affected by
such redistribution. The Parties shall agree on the corresponding
adjustment of
the financial contribution where the redistri-
bution of fishing opportunities so warrants.

regards deep-sea

The Parties shall encourage exploratory fishing, parti-
2.
cularly as
in Gabonese
waters. To this end, at the request of one of the Parties, they
shall consult each other and determine on a case-by-case basis
the relevant species, conditions and other parameters.

species present

for

exploratory fishing should be

The Parties shall carry out exploratory fishing in accordance
with parameters that shall be agreed by both Parties in an
administrative arrangement where appropriate. The authori-
sations
a
maximum period of six months. If the Parties conclude that
the exploratory campaigns have achieved convincing results,
the Gabonese Government may allocate fishing opportunities
for the new species to the Community fleet, until the expiry
this Protocol. The financial compensation referred to in
of
the current Protocol shall consequently be
Article 2(1) of
increased.

agreed for

Article 6

Suspension and review of the payment of the financial
contribution in the event of unusual circumstances

than

other

activities

circumstances,
fishing

natural
unusual
1. Where
in the Gabonese
phenomena, prevent
exclusive economic zone (EEZ),
the European Community
may suspend payment of the financial contribution provided
for in Article 2(1). The suspension decision shall be taken
following consultations between the two Parties within a
period of two months following the request of one of the
Parties, and provided that the Community has paid in full any
amounts due at the time of suspension.

Payment of

2.
the financial contribution shall resume as
soon as the Parties find, by mutual agreement following consul-
tations, that the circumstances preventing fishing activities are
no longer present and/or that the situation allows a resumption
of fishing activities.

3. Where the validity of the licences granted to Community
vessels is suspended along with the payment of the financial
contribution,
it shall be extended by a period equal to the
period during which fishing activities were suspended.

Article 5

New fishing opportunities

Article 7

Should Community vessels be

1.
interested in fishing
activities which are not indicated in Article 1, the Community
shall consult Gabon in order to seek authorisation for these new
activities. Where appropriate,
the Parties shall agree on the
conditions applicable to these new fishing opportunities and,
if necessary, make amendments to this Protocol and to the
Annex hereto.

Promotion of responsible fishing in Gabonese waters

1.
Sixty percent (60 %) of the total amount of the financial
contribution fixed in Article 2 shall be allocated each year to
the support and implementation of
initiatives taken in the
context of
fisheries policy drawn up by the
the sectoral
Gabonese Government.

L 319/20

EN

Official Journal of the European Union

18.11.2006

Gabon shall manage the corresponding amount following the
identification by mutual agreement between the two Parties, in
accordance with the current priorities of Gabonese fisheries
policy for ensuring sustainable and responsible management
of the sector, of the objectives to be attained and the annual
and multiannual programming
required to attain them,
pursuant to paragraph 2 below.

warrants, the European Community may ask for the financial
contribution referred to in Article 2(1) of this Protocol to be
readjusted with a view to bringing the actual amount of
financial
the
programme into line with its results.

to implementation of

resources

allocated

2.
On a proposal from Gabon and for the purposes of the
preceding paragraph, as soon as this Protocol enters into force
and no later than three months after that date, the Community
and Gabon shall agree, within the Joint Committee provided for
the Agreement, on a multiannual sectoral
in Article 9 of
programme and detailed implementing rules covering,
in
particular:

Article 8
Disputes — suspension of application of the Protocol

1.
Any dispute between the Parties over the interpretation of
this Protocol or its application shall be the subject of consul-
tations between the Parties within the Joint Committee provided
for in Article 9 of
in a special meeting if
necessary.

the Agreement,

(a) annual and multiannual guidelines for using the percentage
of the financial contribution referred to in paragraph 1 and
its specific amounts for the initiatives to be carried out each
year;

2. Without prejudice to Article 9, application of the Protocol
may be suspended at the initiative of one Party if the dispute
between the two Parties is deemed to be serious and if the
consultations
under
the
paragraph 1 have not resulted in an amicable settlement.

Joint Committee

held within

view to promoting

(b) the objectives, both annual and multiannual, to be achieved
and
with a
the priorities
sustainable
expressed by Gabon in its national
fisheries policy and
other policies relating to or having an impact on the intro-
duction of responsible fishing and sustainable fisheries;

taking account of

responsible

fisheries,

fishing

3.
Suspension of application of the Protocol shall require the
interested Party to notify its intention in writing at least three
months before the date on which suspension is due to take
effect.

(c) criteria and procedures for evaluating the results obtained

each year.

Any proposed amendments to the multiannual sectoral
3.
programme or of
the specific amounts for the
initiatives to be carried out each year must be approved by
both Parties within the Joint Committee.

the use of

4.
In the event of suspension, the Parties shall continue to
consult with a view to finding an amicable settlement to their
dispute. As soon as an amicable settlement is reached, appli-
cation of the Protocol shall resume and the amount of the
financial contribution shall be reduced proportionately and pro
rata temporis according to the period during which application
of the Protocol was suspended.

4.
Each year, Gabon shall allocate the share corresponding to
the percentage referred to in paragraph 1 with a view to imple-
menting the multiannual programme. For the first year of appli-
cation of the Protocol, that allocation must be notified to the
sectoral
Community at
programme is approved within the Joint Committee. For each
year of application of the Protocol thereafter, Gabon shall notify
the Community of the allocation no later than 1 May of the
previous year.

time when the multiannual

the

5. Where the annual evaluation of the progress made in
so
implementing

the multiannual

programme

sectoral

Article 9

Suspension of application of the Protocol on grounds of
non-payment

to Article 3,

Subject
if
payments provided for
Protocol may be suspended on the following terms:

the Community fails to make the
this
in Article 2, application of

(a)

authorities
shall notify the
the
competent Gabonese
European Commission of
the non-payment. The latter
shall carry out the requisite checks and, where necessary,
transmit the payment within no more than 60 working
days of the date of receipt of the notification;

18.11.2006

EN

Official Journal of the European Union

L 319/21

(b) if no payment is made and non-payment is not adequately
justified within the period provided for in Article 2(5) of
this Protocol, the competent Gabonese authorities shall be
entitled to suspend application of the Protocol. They shall
inform the European Commission of such action forthwith;

(c) application of the Protocol shall resume as soon as the

payment concerned has been made.

provisions of the Protocol, the Annex and the Appendices and,
where necessary, make amendments. These amendments may
include the reference tonnage and the flat-rate advances paid by
shipowners.

Article 12

Repeal

Article 10

National law

to the Agreement between the

European
The Annex
Community and Gabonese Republic on fishing off the coast
of Gabon is hereby repealed and replaced by the Annex to
this Protocol.

The activities of Community vessels operating in Gabonese
waters shall be governed by the applicable law in Gabon,
unless otherwise provided in the Agreement, this Protocol and
the Annex and Appendices hereto.

Article 13

Entry into force

Article 11

Review clause

1.
This Protocol with its Annex shall enter into force on the
date on which the Parties notify each other of the completion of
the procedures necessary for that purpose.

During the fourth year of application of
the
Annex and the Appendices hereto, the Parties may review the

this Protocol,

2.

It shall apply as from 3 December 2005.

L 319/22

EN

Official Journal of the European Union

18.11.2006

ANNEX

CONDITIONS GOVERNING FISHING ACTIVITIES BY COMMUNITY VESSELS IN THE GABONESE FISHING
ZONE

CHAPTER I

APPLICATION FOR AND ISSUE OF LICENCES

SECTION 1

Issue of licences

1. Only eligible vessels may obtain a licence to fish in the Gabonese fishing zone.

2. For a vessel to be eligible, neither the owner, the skipper nor the vessel itself must be prohibited from fishing in
Gabon. They must be in order vis-à-vis the Gabonese authorities insofar as they must have fulfilled all prior
obligations arising from their fishing activities in Gabon under fisheries agreements concluded with the Community.

3. Any Community vessel applying for a fishing licence may be represented by an agent resident in Gabon. The name

and address of that representative shall be stated in the licence application.

4. The relevant Community authorities shall present to the Ministry responsible for fisheries in Gabon an application for
each vessel wishing to fish under the Agreement at least 15 working days before the date of commencement of the
period of validity requested.

5. Applications shall be submitted to the Ministry responsible for fisheries on a form drawn up in accordance with the

specimen in Appendix I.

6. All licence applications shall be accompanied by the following documents:

— proof of payment of the flat-rate advance for the period of validity of the licence,

— any other documents or certificates required under the specific rules applicable to the type of vessel concerned

pursuant to this Protocol.

7. The fee shall be paid into the account specified by the Gabonese authorities in accordance with Article 2(7) of the

Protocol.

8. The fees shall include all national and local charges with the exception of port taxes and service charges.

9. Licences for all vessels shall be issued to shipowners or their representatives via the European Commission Delegation
to Gabon within 15 working days of receipt of all the documents referred to in point 6 by the Ministry responsible
for fisheries in Gabon.

10. If a licence is signed at a time when the European Commission Delegation offices are closed, it may be sent direct to

the vessel's agent, with a copy to the Delegation.

11. Licences shall be issued for a specific vessel and shall not be transferable.

12. However, at the request of the European Community and where force majeure is proven, a vessel's licence shall be
replaced by a new licence for another vessel of the same category as the first vessel, as referred to in Article 1 of the
Protocol, with no further fee due. In this case, the calculation of the catch levels to determine whether an additional
payment should be made shall take account of the sum of the total catches of the two vessels.

18.11.2006

EN

Official Journal of the European Union

L 319/23

13. The owner of the first vessel, or his or her representative, shall return the cancelled licence to the Ministry responsible

for fisheries in Gabon via the European Commission Delegation.

14. The new licence shall take effect on the day that the vessel's owner returns the cancelled licence to the Ministry
responsible for fisheries in Gabon. The European Commission Delegation to Gabon shall be informed of the licence
transfer.

15. The licence must be held on board at all times, without prejudice to what is laid down in point 2 of Chapter VIII of

this Annex.

SECTION 2

Licence conditions — Fees and advance payments

1.

Licences shall be valid for a period of one year. They shall be renewable.

2. The fee shall be EUR 35 per tonne caught within the Gabonese fishing zone in the case of tuna seiners and surface

longliners.

3.

Licences shall be issued once the following standard amounts have been paid to the competent national authorities:

— EUR 4 550 per tuna seiner, equivalent to the fees due for 130 tonnes of highly migratory species and associated

species caught per year,

— EUR 2 030 per surface longliner, equivalent to the fees due for 58 tonnes of highly migratory species and

associated species caught per year.

4. No later than 15 May of each year, the Member States shall notify the European Commission, with a copy to the
European Commission Delegation and the Gabonese authorities, of the catch tonnages for the past year, as confirmed
by the scientific institutes referred to in point 5 below.

5. The final statement of the fees due for year n shall be drawn up by the European Commission by 30 June of year
n + 1 at the latest on the basis of the catch declarations made by each shipowner and confirmed by the scientific
institutes responsible for verifying catch data in the Member States, such as the Institut de Recherche pour le Dével-
oppement (IRD), the Instituto Español de Oceanografía (IEO) and the Instituto de Investigação das Pescas e do Mar (IPIMAR)
via the European Commission Delegation.

6. This statement shall be sent simultaneously to the Ministry responsible for fisheries in Gabon and to the shipowners.

7. Any additional payments shall be made by the shipowners to the competent Gabonese national authorities by 31

July of year n + 1 at the latest, into the account referred to in point 7 of Section 1 of this Chapter.

8. However, if the amount of the final statement is lower than the advance referred to in point 3 of this Section, the

resulting balance shall not be reimbursable to the shipowner.

1. Community vessels may carry out fishing activities in waters beyond 12 nautical miles from the base lines in the case

of tuna seiners and surface longliners.

CHAPTER II

FISHING ZONES

2. Zones prohibited to shipping:

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

L 319/24

EN

Official Journal of the European Union

18.11.2006

The Ministry responsible for fisheries in the Gabonese Republic 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 European Commission Delegation
in the Gabonese Republic, as shall all changes to these zones, which shall be announced at least two months before
enforcement.

CHAPTER III

CATCH REPORTING ARRANGEMENTS

1.

For the purposes of this Annex, the duration of a trip by a Community vessel shall be defined as follows:

— the period elapsing between entering and leaving the Gabonese fishing zone, or

— the period elapsing between entering the Gabonese fishing zone and a transhipment, or

— the period elapsing between entering the Gabonese fishing zone and a landing in Gabon.

2. All vessels authorised to fish in Gabonese waters under the Agreement shall be obliged to communicate their catches
to the Ministry responsible for fisheries in Gabon so that it can check the quantities caught, which shall be validated
by the competent scientific institutes in accordance with the procedure referred to in point 4 of Section 2 of Chapter
I of this Annex. Catches shall be communicated as follows:

2.1. During an annual period of validity of the licence within the meaning of point 2 of Section 3 of Chapter I of this
Annex, declarations shall include the catches made by the vessel during each trip. The original of the declarations
shall be transmitted on a physical medium to the Ministry responsible for fisheries in Gabon within 45 days
following the end of the last trip made during the period. Copies shall be sent at the same time by electronic
means or by fax to the flag Member State and the Ministry responsible for fisheries in Gabon.

2.2. Vessels shall declare their catches on the corresponding form in the logbook, in accordance with the specimen in
Appendix 2. The words ‘Outside Gabonese fishing zone’ shall be entered in the logbook in respect of periods during
which the vessel is not in the Gabonese fishing zone.

2.3. The forms shall be filled in legibly and signed by the skipper of the vessel or by his or her legal representative.

3. Where the provisions set out in this Chapter are not complied with, the Gabonese Government reserves the right to
suspend the licence of the offending vessel until formalities have been completed and to apply to the shipowner the
penalty laid down in current Gabonese legislation. The European Commission and the flag Member State shall be
informed thereof.

CHAPTER IV

TRANSHIPMENT AND LANDINGS

The Parties shall cooperate with a view to improving landing or transhipment options in Gabonese ports.

1.

Landings:

Community tuna vessels which opt to land their catches in a Gabonese port shall benefit from a reduction of EUR 5
per tonne landed in the fee indicated in point 2 of Section 2 of Chapter 1 of the Annex.

An additional reduction of EUR 5 shall be granted where fisheries products are sold to a Gabonese processing
factory.

This mechanism shall apply, for all Community vessels, up to a maximum of 50 % of the final statement of catches
(as defined in Chapter III of the Annex) from the first year of this Protocol.

18.11.2006

EN

Official Journal of the European Union

L 319/25

2. Detailed rules on checks on the tonnages landed or transhipped shall be laid down at the first meeting of the Joint

Committee.

3.

Evaluation:

The level of the financial incentives and the maximum percentage of the final statement of catches shall be adjusted
in accordance with the socio-economic impact of landings in the year concerned.
within the Joint Committee,

CHAPTER V

EMBARKING SEAMEN

1. Owners of tuna vessels and surface longliners shall employ ACP nationals, subject to the following conditions and

limits:

— for the fleet of tuna seiners, at least 20 % of the seamen signed on during the tuna-fishing season in the fishing

zone of third countries shall be of ACP origin,

— for the fleet of surface longliners, at least 20 % of the seamen signed on during the tuna-fishing season in the

fishing zone of third countries shall be of ACP origin.

2.

Shipowners shall endeavour to sign on additional seamen of ACP origin.

3. The International Labour Organisation (ILO) Declaration on Fundamental Principles and Rights at Work shall apply
as of right to seamen signed on by Community vessels. This concerns in particular the freedom of association and
the effective recognition of the right to collective bargaining, and the elimination of discrimination in respect of
employment and occupation.

4. The employment contracts of seamen from the ACP countries shall be drawn up between the shipowners' repre-
sentative(s) and the seamen and/or their trade unions or representatives. A copy shall be given to the signatories.
These contracts shall guarantee the seamen the social security cover applicable to them, including life assurance and
sickness and accident insurance.

5. The wages of the seamen from the ACP countries shall be paid by the shipowners. They shall be fixed, before licences
are issued, by mutual agreement among the shipowners or their representatives. However, the wage conditions
granted to local seamen shall not be lower than those applied to Gabonese crews and shall under no circumstances
be below ILO standards.

6. All seamen employed aboard Community vessels shall report to the skipper of the vessel designated on the day
before their proposed embarkation date. Where a seaman fails to report at the date and time agreed for embarkation,
shipowners shall be automatically absolved of their obligation to take the seaman on board.

CHAPTER VI

TECHNICAL MEASURES

Vessels shall comply with the measures and recommendations adopted by ICCAT in the region regarding fishing gear and
the technical specifications thereof and all other technical measures applicable to their fishing activities.

CHAPTER VII

OBSERVERS

1.

Vessels authorised to fish in Gabonese waters under the Agreement shall take on board observers appointed by the
competent regional fisheries organisation on the terms set out below.

1.1. Community vessels shall take on board an observer appointed by the competent regional organisation in order to

check catches made in Gabonese waters.

L 319/26

EN

Official Journal of the European Union

18.11.2006

1.2. The competent regional authority shall draw up a list of vessels designated to take an observer on board and a list
of the appointed observers. These lists shall be kept up to date. They shall be forwarded to the European
Commission as soon as they have been drawn up and every three months thereafter where they have been updated.

1.3. The competent regional authority shall inform the shipowners concerned, or their representatives, of the name of
the observer appointed to be taken on board their vessel at the time the licence is issued, or no later than 15 days
before the observer's planned embarkation date.

2.

The time spent on board by observers shall be one fishing trip. However, at the express request of the competent
Gabonese authorities, this embarkation may be spread over several trips according to the average duration of trip
for a particular vessel. This request shall be made by the competent regional authority when the name of the
observer appointed to board the vessel in question is notified.

3.

The conditions under which observers are taken on board shall be agreed between shipowners or their represen-
tatives and the competent regional authorities.

4. Observers shall be taken on board at a port chosen by the shipowner at the beginning of the first voyage in

Gabonese waters after notification of the list of designated vessels.

5. Within two weeks and giving 10 days' notice, the shipowners concerned shall make known at which Gabonese

ports and on what dates they intend to take observers on board.

6. Where observers are taken on board in a foreign port, their travel costs shall be borne by the shipowner. Should a
vessel with a regional observer on board leave the regional fishing zone, all measures must be taken to ensure the
observer's return as soon as possible at the expense of the shipowner.

7.

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

8. Observers shall be treated as officers. Where vessels are operating in Gabonese waters, they shall carry out the

following tasks:

8.1. observe the fishing activities of the vessels;

8.2. verify the position of vessels engaged in fishing operations;

8.3. perform biological sampling in the context of scientific programmes;

8.4. note the fishing gear used;

8.5. verify the catch data for Gabonese waters recorded in the logbook;

8.6. verify the percentages of by-catches and estimate the quantity of discards of species of marketable fish;

8.7. report fishing data by radio, including the quantity of catches and by-catches on board.

9.

Skippers shall do everything in their power to ensure the physical safety and welfare of observers during
performance of their duties.

10. Observers shall be offered every facility needed to carry out their duties. The skipper shall give them access to the
means of communication needed for the discharge of their duties, to documents directly concerned with the
vessel's fishing activities, including in particular the logbook and the navigation log, and to those parts of the
vessel necessary to facilitate the exercise of their tasks as observer.

18.11.2006

EN

Official Journal of the European Union

L 319/27

11. While on board, observers shall:

11.1. take all appropriate steps to ensure that the conditions of their boarding and presence on the vessel neither

interrupt nor hamper fishing operations,

11.2. respect the material and equipment on board and the confidentiality of all documents belonging to the vessel.

12. At the end of the observation period and before leaving the vessel, observers shall draw up an activity report to be
transmitted to the competent regional authorities, with a copy to the European Commission. They shall sign it in
the presence of the skipper, who may add or cause to be added to it any observations considered relevant, followed
by the skipper's signature. A copy of the report shall be handed to the skipper when the observer is put ashore.

13.

Shipowners shall bear the cost of accommodating observers in the same conditions as the officers, within the
confines of the practical possibilities offered by the vessel.

14.

The salary and social contributions of the observer shall be borne by the competent regional authorities.

CHAPTER VIII

MONITORING

1.

2.

The European Community shall keep an up-to-date list of the vessels to which a fishing licence has been issued
under this Protocol. This list shall be notified to the Gabonese authorities responsible for fisheries inspection as
soon as it is drawn up and each time it is updated.

Community vessels may be included on the list referred to in the previous point upon receipt of notification of the
advance payment referred to in point 3 of Section 2 of Chapter I of this Annex. The shipowner may then obtain a
certified copy of this list to be kept on board instead of the fishing licence until the licence has been issued.

3.

Entering and leaving the zone

3.1. Community vessels shall notify, at least three hours in advance, the Gabonese authorities responsible for fisheries
inspection of their intention to enter or leave the Gabonese fishing zone; they shall also declare the overall
quantities and the species on board.

3.2. When notifying leaving, vessels shall also communicate their position. 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 e-mail (dgpa@internetgabon.com).

3.3. Vessels found to be fishing without having informed the competent Gabonese authority shall be regarded as vessels

in breach of the legislation.

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

issued.

4.

Control procedures

4.1.

Skippers of Community fishing vessels engaged in fishing activities in Gabonese waters shall allow and facilitate
boarding and the discharge of their duties by any Gabonese official responsible for the inspection and control of
fishing activities.

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

4.3. Once the inspection has been completed, a certificate shall be issued to the skipper of the vessel.

L 319/28

EN

Official Journal of the European Union

18.11.2006

5.

Satellite monitoring

5.1. All Community vessels fishing under this Agreement shall be subject to satellite monitoring in line with Appendix
4. These provisions shall enter into force on the 10th day following notification by the Gabonese Government to
the European Community Delegation in Gabon of the entry into operation of the Gabonese Fisheries Monitoring
Centre (FMC).

6.

Boarding

6.1. The competent Gabonese authorities shall inform the flag State and the European Commission, within no more

than 24 hours, of all boardings of and penalties imposed on Community vessels in Gabonese waters.

6.2. The flag State and the European Commission shall at the same time receive a brief report of the circumstances and

reasons leading to the boarding.

7.

Statement of boarding

7.1. After the competent Gabonese authorities have drawn up a statement, the skipper of the vessel shall sign it.

7.2. This signature shall not prejudice the rights of the skipper or any defence which he or she may make to the alleged

infringement.

7.3. The skipper shall take the vessel to the port indicated by the Gabonese authorities. In the case of minor infringe-
ments, the competent Gabonese authorities may authorise the boarded vessel to continue its fishing activities.

8.

Consultation meeting in the event of boarding

8.1. Before any measures regarding the skipper 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 infringe-
ment, a consultation meeting shall be held, within one working day of the receipt of the above information,
between the European Commission and the competent Gabonese authorities, possibly attended by a representative
of the Member State concerned.

8.2. At the meeting, the Parties shall exchange any relevant documentation or information helping to clarify the
circumstances of the established facts. The shipowner or his or her representative shall be informed of the
outcome of the meeting and of any measures resulting from the boarding.

9.

Settlement of boarding

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

through a

9.2.

In the event of an amicable settlement, the amount of the fine shall be determined in accordance with Gabonese
legislation.

9.3.

If the case cannot be settled by amicable procedure and has to be brought before a competent judicial body, a bank
security set to take account of the boarding costs and the fines and compensation payable by the parties
responsible for
into a bank account specified by the
competent Gabonese authorities.

the infringement shall be paid by the shipowner

9.4. The bank security shall be irrevocable until the legal proceedings have been concluded. It shall be released once
legal proceedings end without a conviction. Similarly, in the event of a conviction leading to a fine of less than the
security lodged, the balance shall be released by the competent Gabonese authorities.

9.5. The vessel shall be released and its crew authorised to leave the port:

— once the obligations arising under the amicable settlement have been fulfilled, or

18.11.2006

EN

Official Journal of the European Union

L 319/29

— when the bank security referred to in point 9.3 has been lodged and accepted by the competent Gabonese

authorities, pending completion of the legal proceedings.

10.

Transhipment

10.1. All Community vessels wishing to tranship catches in Gabonese waters shall do so within Gabonese ports.

10.2. The owners of such vessels must notify the following information to the competent Gabonese authorities at least

24 hours in advance:

— the names of the transhipping fishing vessels,

— the names of the cargo vessels,

— the tonnage by species to be transhipped,

— the day of transhipment;

10.3. Transhipment shall be considered as an exit from the Gabonese fishing zone. Vessels must therefore submit their
catch declarations to the competent Gabonese authorities and state whether they intend to continue fishing or leave
the Gabonese fishing zone.

10.4. Any transhipment of catches not covered above shall be prohibited in the Gabonese fishing zone. Any person

infringing this provision shall be liable to the penalties provided for by Gabonese law.

11.

Skippers of Community fishing vessels engaged in landing or transhipment operations in a Gabonese port shall
allow and facilitate the inspection of such operations by Gabonese inspectors. Once the inspection has been
completed in the port, a certificate shall be issued to the skipper of the vessel.

L 319/30

EN

Official Journal of the European Union

18.11.2006

Appendices

1. Licence application form

2. ICCAT logbook

3. Provisions applicable to the satellite-based vessel monitoring system (VMS) and coordinates of the Gabonese fishing

zone

18.11.2006

EN

Official Journal of the European Union

L 319/31

Appendix 1

L 319/32

EN

Official Journal of the European Union

18.11.2006

18.11.2006

EN

Official Journal of the European Union

L 319/33

2

x
i
d
n
e
p
p
A

L 319/34

EN

Official Journal of the European Union

18.11.2006

Appendix 3

Provisions applicable to satellite monitoring of Community fishing vessels operating in the Gabonese EEZ and
on the basis of the EC/GABON Fisheries Agreement

1. All fishing vessels with an overall length exceeding 15 metres operating under the Fisheries Agreement between the

European Community and Gabon shall be tracked by satellite when fishing in the Gabonese EEZ.

2. For the purposes of the satellite tracking, the Gabonese authorities shall communicate to the Community party the

latitude and longitude coordinates of the Gabonese EEZ.

The Gabonese authorities shall transmit this information in electronic form, expressed in decimal degrees (WGS-84).

3. The Parties shall exchange information on X.25 addresses and the specifications for electronic data transmission
between their Control Centres in accordance with points 5 and 7. Such information shall include the following where
they exist: names, telephone, telex and fax numbers, and e-mail addresses (Internet or X.400) which may be used for
general communications between Control Centres.

4. The position of vessels shall be determined with a margin of error of less than 500 metres and a confidence interval

of 99 %.

5. When a vessel which is fishing under the Agreement and is the subject of satellite tracking pursuant to Community
legislation enters the Gabonese EEZ, the subsequent position reports (vessel identification, longitude, latitude, course
and speed) shall be transmitted immediately by the Control Centre of the flag State to the Gabonese Fisheries
Monitoring Centre (FMC) at intervals of no more than two hours. The messages concerned shall be identified as
position reports.

6. The messages specified in point 5 shall be transmitted electronically in X.25 format, or any other secure protocol.

They shall be communicated in real time in the format set out in Table II.

7. Where the continuous satellite monitoring equipment installed on board a fishing vessel develops a technical fault or
breaks down, the skipper of the vessel shall transmit the information specified at 5 to the Control Centre of the flag
State and the Gabonese FMC in good time. It will be necessary in those circumstances to send a global position
report every eight hours. This global position report shall include the position reports as recorded by the skipper of
the vessel on a two-hourly basis in accordance with the requirements laid down in point 5.

The Control Centre of the flag State shall send these messages to the Gabonese FMC. The faulty equipment shall be
repaired or replaced within a period of not more than one month. After this deadline, the vessel in question must
leave the Gabonese EEZ.

8. The Control Centres of the flag States shall monitor the movements of their vessels in Gabonese waters. If the vessels
are not being monitored in accordance with the conditions laid down, the Gabonese FMC shall be informed by the
FMC of the flag State as soon as this is discovered and the procedure laid down in point 7 shall be applicable.

9. If the Gabonese FMC establishes that the flag State FMC is not transmitting the information specified in point 5, the
competent departments of the flag State FMC and the European Commission shall be informed immediately.

10. The monitoring data communicated to the other party in accordance with these provisions is intended solely for the
purposes of the Gabonese authorities in controlling and monitoring the Community fleet fishing under the Fisheries
Agreement between the European Community and Gabon. Such data may not under any circumstances be commu-
nicated to other parties.

11. The satellite-tracking system software and hardware components shall be reliable and shall not permit the input or

output of false positions or be capable of being manually overridden.

The system shall be fully automatic and operational at all times regardless of environmental and weather conditions.
Destroying, damaging, rendering inoperative or tampering with the satellite-tracking system shall be prohibited.

18.11.2006

EN

Official Journal of the European Union

L 319/35

Skippers shall ensure that:

— data are not altered in any way,

— the antenna or antennas connected to the satellite-tracking equipment are not obstructed,

— the power supply of the satellite-tracking equipment is not interrupted, and

— the satellite-tracking equipment is not removed from the vessel.

12. The Parties agree to exchange upon request information on the equipment used for satellite monitoring, in order to
ensure that each piece of equipment is fully compatible with the requirements of the other Party for the purposes of
these provisions.

13. Any dispute over the interpretation or application of these provisions shall be the subject of consultation between the

Parties within the Joint Committee provided for in Article 9 of the Agreement.

14. The Parties agree to review these provisions, as appropriate.

Communication of VMS messages to Gabon

Position report

Data element

Code

Mandatory/
optional

Comments

Start of record

Recipient

From

Flag State

Type of message

Radio call sign

Contracting party internal reference
number

External registration number

Latitude

Longitude

Course

Speed

Dates

Time

End of record

SR

AD

FR

FS

TM

RC

IR

XR

LA

LO

CO

SP

DA

TI

ER

M

M

M

O

M

M

O

M

M

M

M

M

M

M

M

System detail — indicates start of record

Message detail — recipient. Alpha 3 ISO country
code

Message detail — sender. Alpha 3 ISO country
code

Message detail — Message type ‘POS’

Vessel detail — international radio call sign of
vessel

Vessel detail — unique contracting party number
(ISO-3 code of flag State followed by number)

Vessel detail — number marked on side of vessel

Vessel position detail — position in degrees and
minutes N/S DDMM (WGS-84)

Vessel position detail — position in degrees and
minutes E/W DDMM (WGS-84)

Vessel course 360° scale

Vessel speed in tenths of knots

Vessel position detail — date of record of UTC
position (YYYYMMDD)

Vessel position detail — time of record of UTC
position (HHMM)

System detail — indicates end of record

L 319/36

EN

Official Journal of the European Union

18.11.2006

Character set: ISO 8859.1

Each data transmission is structured as follows:

— a double slash (//) and field code indicate the start of the message,

— a single slash (/) separates the field code and the data.

Optional data elements have to be inserted between the start and end of the record.

Limits of the Gabonese EEZ

Coordinates of EEZ

The competent Gabonese authorities shall notify the competent departments of the zones closed to shipping. They
undertake to give notification at least one month in advance of any amendment to those prohibited zones.

Coordinates of the Gabonese FMC

Name of FMC:

VMS Tel.:

VMS Fax:

VMS E-mail:

DSPG Tel.:

DSPG Fax:

Address X25 =

Declaration of entries/exits: