Proposal for a Council Regulation on the conclusion of the Agreement in the form of an exchange of letters extending the Protocol setting out, for the period 1 June 2005 to 31 May 2006, the fishing opportunities and the financial contribution provided for by the Agreement between the European Economic Community and the Government of the Democratic Republic of São Tomé and Príncipe on fishing off the coast of São Tomé e Príncipe
Date: 2005-12-07
Institutions: European Commission
Subjects: São Tomé and Príncipe, agreement (EU), financial compensation of an agreement, fishing agreement, fishing area, fishing licence

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 7.12.2005 
COM(2005) 630 final 

2005/0249 (CNS) 

Proposal for a 

COUNCIL REGULATION 

on the conclusion of the Agreement in the form of an exchange of letters extending the 
Protocol setting out, for the period 1 June 2005 to 31 May 2006, the fishing opportunities 
and the financial contribution provided for by the Agreement between the European 
Economic Community and the Government of the Democratic Republic of São Tomé 
and Príncipe on fishing off the coast of São Tomé e Príncipe 

(presented by the Commission) 

EN 

   EN 

 
 
 
  
EXPLANATORY MEMORANDUM 

The Protocol annexed to the Fisheries Agreement between the European Economic Community 
and the Democratic Republic of São Tomé and Príncipe expired on 31 May 2005. The purpose 
of  this  proposal  for  a  Council  Regulation  is  to  extend  the  Protocol  by  one  year,  until 
31 May 2006. 

The two parties agreed at the beginning of 2005 to extend the Protocol, in particular in order 
to iron out certain difficulties relating to the implementation of the 2002-05 Protocol and to 
give  the  Government  of  the  Democratic  Republic  of  São  Tomé  and  Príncipe  more  time  to 
prepare  as  well  as  possible  for  negotiations  on  a  future  partnership  agreement,  and  to 
implement the action programme to support the necessary development of the fisheries sector. 
The new government, which took office in March 2004, waited until the last minute to analyse 
the option of extending the protocol, despite numerous reminders in March, April and May 2005. 

The  parties  have  finally  decided  to  extend  the  Protocol  for  a  period  of  one  year,  from 
1 June 2005 to 31 May 2006. The extension, in the form of an exchange of letters, was initialled 
by the two parties on 3 June 2005, and sets out the technical and financial conditions governing 
the fishing activities of EC vessels in the waters of São Tomé and Príncipe for the period from 
1 June 2005 to 31 May 2006. 

The  Commission  proposes,  on  this  basis,  that  the  Council  adopt  the  Regulation  on  the 
conclusion of an Agreement in the form of an exchange of letters extending the Protocol.  

A  proposal  for  a  Council  Decision  on  provisional  application  of  the  Agreement  (pending  its 
actual entry into force) is the subject of a separate procedure. 

EN 

2 

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2005/0249 (CNS) 

Proposal for a 

COUNCIL REGULATION 

on the conclusion of the Agreement in the form of an exchange of letters extending the 
Protocol setting out, for the period 1 June 2005 to 31 May 2006, the fishing opportunities 
and the financial contribution provided for by the Agreement between the European 
Economic Community and the Government of the Democratic Republic of São Tomé 
and Príncipe on fishing off the coast of São Tomé e Príncipe 

THE COUNCIL OF THE EUROPEAN UNION, 

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

Having regard to the proposal from the Commission1, 

Having regard to the opinion of the European Parliament2, 

Whereas: 

(1) 

Under the terms of the Agreement between the European Economic Community and 
the Government of the Democratic Republic of São Tomé and Príncipe on fishing off 
the  coast  of  São  Tomé  e  Príncipe3,  the  contracting  parties  are  to  enter  into 
negotiations, before the period of validity of the Protocol to the Agreement expires, to 
determine by mutual agreement the contents of the Protocol for the period that follows 
and, where applicable, the amendments or additions to be made to the Annex thereto. 

(2) 

Pending  negotiations  on  changes  to  be  made  to  the  existing  Protocol  approved  by 
Regulation (EC) No 301/20024, the two parties have decided to extend its validity for 
one year by means of an Agreement in the form of an exchange of letters. 

(3) 

It is in the Community's interest to approve this extension. 

(4) 

The allocation of the fishing opportunities among the Member States under the expired 
Protocol should be confirmed, 

1 
2 
3 
4 

OJ C 
OJ C 
OJ L 54, 25.2.1984. 
OJ No L 47, 19.2.2002, p. 2. 

EN 

3 

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HAS ADOPTED THIS REGULATION: 

Article 1 

The Agreement in the form of an exchange of letters extending the Protocol setting out, for 
the  period  1  June  2005  to  31  May  2006,  the  fishing  opportunities  and  the  financial 
contribution provided for by the Agreement between the European Economic Community and 
the  Government  of  the  Democratic  Republic  of  São  Tomé  and  Príncipe  on  fishing  off  the 
coast of São Tomé and Príncipe is hereby approved on behalf of the Community. 

The text of the Agreement is attached to this Regulation. 

The fishing opportunities set out in the Protocol are allocated to Member States as follows: 

Article 2 

- tuna seiners: 

- pole-and-line tuna 
vessels: 

France: 18 

Spain: 18 

Portugal: 2 

- surface longliners: 

Spain: 20 

Portugal: 5 

If licence applications from these Member States do not cover all the fishing opportunities set out 
in the Protocol, the Commission may take into consideration licence applications from any other 
Member State. 

Article 3 

The Member States whose vessels fish under this Agreement shall notify the Commission of 
the  quantities  of  each  stock  caught  within  the  fishing  zone  of  São  Tomé  and  Príncipe  in 
accordance with Commission Regulation (EC) No 500/20015. 

5 

OJ No L 73, 15.3.2001, p. 8. 

EN 

4 

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Article 4 

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

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

Done at Brussels,  

For the Council 
The President 

EN 

5 

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AGREEMENT 

in the form of an exchange of letters extending the Protocol setting  out,  for the period 
1 June  2005  to  31  May  2006,  the  fishing  opportunities  and  the  financial  contribution 
provided for by the Agreement between the European Community and the Government 
of  the  Democratic  Republic  of  São  Tomé  and  Príncipe  on  fishing  off  the  coast  of  São 
Tomé e Príncipe 

A. 

Letter from the Community 

Sirs, 

I  have  the  honour  to  confirm  that  pending  negotiations  on  amendments  to  be  made  to  the 
Protocol currently in force (1 June 2002 to 31 May 2005) setting out the fishing opportunities 
and  financial  contribution  provided  for  in  the  Fisheries  Agreement  between  the  European 
Economic  Community  and  the  Government  of  the  Democratic  Republic  of  São  Tomé  and 
Príncipe, we agree to the following interim arrangements: 

1. 

From  1  June  2005  to  31  May  2006  the  arrangements  applicable  over  the  last  three 
years will continue in operation. 

The  Community's  financial  contribution  under  the  interim  arrangements  will 
correspond to the yearly amount provided for in Article 2 of the Protocol currently in 
force (EUR 637 500). That amount is to be treated entirely as financial compensation 
and will be paid no later than 31 January 2006. 

The  Community  will  also  provide  financing  of  EUR  50  000  during  the  year  for  an 
evaluation study on deep-water crab. 

2. 

During this period, fishing licences will be granted within the limits set in Article 1 
of  the  Protocol  currently  in  force,  by  means  of  fees  or  advances  corresponding  to 
those set in point 2 of the Annex to the Protocol. 

I should be obliged if you would acknowledge receipt of this letter and confirm that you are in 
agreement with its terms. 

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

On behalf of the Council of the European Union 

EN 

6 

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B. 

Letter from the Government of the Republic of São Tomé e Principe 

Sirs, 

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

"I  have  the  honour  to  confirm  that  pending  negotiations  on  amendments  to  be  made  to  the 
Protocol currently in force (1 June 2002 to 31 May 2005) setting out the fishing opportunities 
and  financial  contribution  provided  for  in  the  Fisheries  Agreement  between  the  European 
Economic  Community  and  the  Government  of  the  Democratic  Republic  of  São  Tomé  and 
Príncipe, we agree to the following interim arrangements: 

1. 

From  1  June  2005  to  31  May  2006  the  arrangements  applicable  over  the  last  three 
years will continue in operation. 

The  Community's  financial  contribution  under  the  interim  arrangements  will 
correspond to the yearly amount provided for in Article 2 of the Protocol currently in 
force (EUR 637 500). That amount is to be treated entirely as financial compensation 
and will be paid no later than 31 January 2006. 

The  Community  will  also  provide  financing  of  EUR  50  000  during  the  year  for  an 
evaluation study on deep-water crab. 

2. 

During this period, fishing licences will be granted within the limits set in Article 1 
of  the  Protocol  currently  in  force,  by  means  of  fees  or  advances  corresponding  to 
those set in point 2 of the Annex to the Protocol.” 

I have the honour to confirm that the contents of your letter are acceptable to the Government 
of  the  Republic  of  São  Tomé  and  Príncipe  and  that  your  letter  and  this  one  constitute  an 
agreement in accordance with your proposal. 

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

For the Government of the Republic of São Tomé e Principe 

EN 

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LEGISLATIVE FINANCIAL STATEMENT 

1. 

TITLE OF THE PROPOSAL: 

Proposal for a Council Regulation on the conclusion of the Agreement in the form of 
an exchange of letters extending the Protocol setting out, for the period 1 June 2005 
to 31 May 2006, the fishing opportunities and the financial contribution provided for 
by the Agreement between the European Economic Community and the Government 
of the Democratic Republic of São Tomé and Príncipe on fishing off the coast of São 
Tomé e Príncipe. 

2. 

ABM / ABB FRAMEWORK 

11. Fisheries 

1103. International Fisheries Agreements 

3. 

BUDGET LINES 

3.1. 

Budget headings: 

110301 : International fisheries agreements 

11010404 : International Fisheries Agreements: Administrative costs 

3.2 

Duration of the action and of the financial impact: 

The  protocol  annexed  to  the  fisheries  agreement  between  the  European  Economic 
Community  and  the  Democratic  Republic  of  São  Tomé  and  Príncipe  expired  on 
31 May 2005. The extension of the Protocol is concluded for one year. 

The  protocol  sets  out  the  financial  contribution,  the  types  of  fishing  and  the 
conditions  governing  the  fishing  activities  of  Community  vessels  operating  in  the 
fishing zones of São Tomé e Príncipe. 

It was proposed to extend the Agreement in February 2005, in particular in order to 
iron out certain difficulties relating to the implementation of the current protocol, to 
give the authorities time to prepare themselves as well as possible for negotiations on 
a  future  partnership  agreement,  and  to  implement  the  action  programme  to  support 
the necessary development of the fisheries sector. The new government, which took 
office in March 2004, is in rather a precarious position. A vote of no confidence in 
the Chamber of Deputies concerning the oil sector has caused the government to act 
with  extreme  caution.  Despite  numerous  reminders  during  March,  April  and 
May 2005, the Minister for Fisheries has not yet signed the proposed extension. The 
two  parties  finally  met  in  Sao  Tomé  on  3  June  2005  to  analyse  the  state  of 
implementation and the extension of the current protocol to the Fisheries Agreement. 

EN 

8 

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The  parties  decided  to  extend  the  protocol  for  one  year,  from  1  June  2005  to 
31 May 2006.  The  extension,  in  the  form  of  an  exchange  of  letters,  was  thus 
initialled by the two parties on 3 June 2005, and sets out the technical and financial 
conditions governing the fishing activities of EC vessels in the waters of São Tomé 
and Príncipe for the period from 1 June 2005 to 31 May 2006. 

3.3 

Budgetary characteristics (add rows if necessary): 

Budget line  Type of expenditure  New 

EFTA 
contribution 

Contributi
ons from 
applicant 
countries 

Heading in 
financial 
perspective 

11.0301 

Comp  Differentiated6  No 

No 

11.010404  Comp 

Non-
differentiated7 

No 

No 

No 

No 

No 4 

No 4 

4. 

SUMMARY OF RESOURCES 

4.1 

Financial Resources 

4.1.1 

Summary of commitment appropriations (CA) and payment appropriations (PA) 

(€million to four decimal places) 

Type of 

expenditure 

Section 
No. 

Year n 

n +1  n + 2

n +3 

Total 

Operational expenditure8 

Commitment 

0.6375 

Appropriations 
(CA) 

8.1 

a 

Payment 

Appropriations 
(PA) 

0.6375 

b 

0.6375 

0.6375 

6 
7 
8 

Differentiated appropriations 
Non-differentiated appropriations 
Expenditure that does not fall under Chapter 11 01 01 of the Title 11 concerned. 

EN 

9 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
Administrative expenditure within reference amount9 

Technical & 
administrative 
assistance (NDA) 

8.2.4 

c 

0.05 

0.05 

TTOOTTAALL  RREEFFEERREENNCCEE  AAMMOOUUNNTT 

Commitment 

appropriations 

Payment 

appropriations 

0.687

0.687

a+c 

b+c 

0.6875 

0.6875 

Human resources and 
associated expenditure 
(NDA) 

Administrative costs, 
other than human 
resources and 
associated costs, not 
included in reference 
amount (NDA) 

8.2.5 

d 

0.0594 

0.0594 

8.2.6 

e 

0.1015 

0.1015 

Total indicative financial cost of intervention 

TOTAL CA 

including cost of 
human resources 

TOTAL PA 

including cost of 
human resources 

Part-financing details 

a+c+d+e 

0.8484 

0.8484 

b+c+d+e 

0.8484 

0.8484 

If  the  proposal  involves  part-financing  by  Member  States,  or  other  bodies  (please  specify 
which), an estimate of the level of this part-financing should be indicated in the table below 
(additional lines may be added if different bodies are foreseen for the provision of the part-
financing): 

9 

Expenditure within Article xx 01 04 of Title xx. 

EN 

10 

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(€million to three decimal places) 

Year n n + 1 

n + 2 

n + 3 

Total 

Part-financing body 

…………………… 

F 

TOTAL CA including part-

financing 

a+c+d+e+f 

4.1.2  Compatibility with Financial Programming 

X 

Proposal is compatible with existing financial programming. 

(cid:133) 

(cid:133) 

Proposal  will  entail  programming  of  the  relevant  heading  in  the  financial 
perspective. 

Proposal  may  require  application  of  the  provisions  of  the  Interinstitutional 
Agreement10 (i.e. flexibility instrument or revision of the financial perspective). 

4.1.3 

Financial impact on revenue: 

X 

Proposal has no financial impact on revenue 

(cid:133) 

Financial impact - the effect on revenue is as follows: 

Note: All details and observations relating to the method of calculating the effect 
on revenue should be shown in a separate annex. 

(€million to one decimal place) 

Prior to action [Year 
n-1] 

Situation following action

Year  [n+1]  [n+2]  [n+3]

Budget  
line 

Revenue 

(a)  Revenue  in  absolute 

terms 

(b) Change in revenue 

 ∆ 

(Please specify each revenue budget line involved, adding the appropriate number 
of rows to the table if there is an effect on more than one budget line.) 

10 

See points 19 and 24 of the Interinstitutional agreement. 

EN 

11 

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4.2. 

Human  Resources  FTE  (including  officials,  temporary  and  external  staff)  –  see 
details under point 8.2.1. 

Annual requirements 

Total number of human 
resources 

Year n 

0.55 

5. 

CHARACTERISTICS AND OBJECTIVES 

Details  of  the  context  of  the  proposal  are  required  in  the  Explanatory 
Memorandum.  This  section  of  the  Legislative  Financial  Statement  should 
include the following specific complementary information: 

5.1 

Need to be met in the short or long term 

The  protocol  annexed  to  the  fisheries  agreement  between  the  European  Economic 
Community  and  the  Democratic  Republic  of  São  Tomé  and  Príncipe  expired  on 
31 May 2005. 

The main aim of extending the protocol, as proposed in February 2005, is to iron out 
certain difficulties relating to the implementation of the current protocol, to give the 
authorities time to prepare as well as possible for negotiations on a future partnership 
agreement,  and  to  implement  the  action  programme  to  support  the  necessary 
development of the fisheries sector. 

The  new  government,  which  took  office  in  March  2004,  is  in  rather  a  precarious 
position.  A  vote  of  no  confidence  in  the  Chamber  of  Deputies  concerning  the  oil 
sector  has  caused  the  government  to  act  with  extreme  caution.  Despite  numerous 
reminders during March, April and May 2005, the Minister for Fisheries has not yet 
signed  the  proposed  extension.  The  two  parties  finally  met  in  Sao  Tomé  on 
3 June 2005 to analyse the state of implementation and the extension of the current 
protocol to the Fisheries Agreement. 

The  parties  decided  to  extend  the  protocol  for  one  year,  from  1  June  2005  to 
31 May 2006. The extension, in the form of an exchange of letters, was thus initialled 
by the two parties on 3 June 2005, and sets out the technical and financial conditions 
governing the fishing activities of EC vessels in the waters of São Tomé and Príncipe 
for the period from 1 June 2005 to 31 May 2006. 

The purpose of this extension is to allow Community shipowners to continue fishing 
in  the  exclusive  economic  zone  (EEZ)  of  São  Tomé  and  Príncipe  pending  the 
negotiations on the amendments to be made to the protocol. 

The main features of the extended protocol are unchanged: 

– 

Fishing opportunities: 36 freezer tuna seiners, two pole-and-line tuna boats and 
25 surface longliners. 

EN 

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The fishing opportunities fixed in the protocol will be allocated among the Member 
States as in the 2002-05 protocol, namely:  

– 

– 

– 

tuna seiners: France: 18, Spain: 18 

pole-and-line tuna vessels: Portugal: 2 

surface longliners: Spain: 20, Portugal: 5 

– 

– 

– 

Reference  tonnage:  the  reference  tonnage  provided  for  under  the  current 
protocol,  namely  8  500  tonnes  of  tuna  caught  during  the  extension  period 
(1 June 2005 to 31 May 2006). 

Financial  Contribution:  the  amount  provided  for  under  the  current  protocol, 
namely €637 500 for the extension period (1 June 2005 to 31 May 2006).  

Advances and fees payable by shipowners: 

– 

– 

such advances and fees amount to €25 per tonne of tuna caught in 
the  Sao  Tomé  é  Principe  fishing  zone,  as  in  all  the  agreements 
concluded by the Community in the region;  

the  advances  are  fixed  at  €3  750  per  year  per  tuna  seiner,  €1  375 
per year per surface longliner and €625 per year per pole-and-line 
tuna boat. 

In addition, €50 000 is to be provided to finance an evaluation study on deep-water 
crab. This study was scheduled for the first year of the 2002-05 Protocol, but could 
not be carried out at the time. 

The financial contribution is thus set at €687 500 for the extension year. 

5.2 

Value-added  of  Community  involvement  and  coherence  of  the  proposal  with 
other financial instruments and possible synergy 

The Community began concluding fisheries agreements during the 1970s, following 
amendments  to  the  Law  of  the  Sea.  At  that  time,  the  Member  States  decided  to 
transfer  their  competence  in  that  area  to  the  Community  (Council  Resolution  of 
3 November  1976)  and  since  then  fisheries  agreements  have  been  the  exclusive 
competence of the Community. 

Regarding the extension of this Protocol, if the Community does not act, then private 
agreements  will  spring  up  which  would  not  guarantee  sustainable  fisheries,  and 
Community  vessels  would  change  flags  (mostly  to  flags  of  convenience),  thereby 
reducing  the  size  of  the  Community  fleet.  The  Community  has  made  international 
commitments  regarding  the  sustainable  management  of  resources  and  combating 
illegal  fishing,  which  can  be  honoured  only  through  Community  fisheries 
agreements. 

The Community also hopes that, with this extension, São Tomé and Príncipe will be 
ready to start negotiations on a fisheries partnership agreement. 

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5.3. 

Objectives, expected results and related indicators of the proposal in the context 
of the ABM framework 

The negotiation, conclusion and possible extension of fishing agreements with third 
countries meets the general objective of maintaining and safeguarding the traditional 
fishing  activities  of  the  Community  fleet,  including  the  distant-water  fleet,  and 
developing  relations  in  a  spirit  of  partnership  with  a  view  to  strengthening  the 
sustainable  exploitation  of  fishery  resources  outside  Community  waters,  taking 
account of environmental, social and economic concerns. 

The aim of this extension is the same as that of the current protocol with São Tomé e 
Príncipe,  namely  to  preserve  access  for  Community  fishing  vessels  to  São  Tomé  e 
Príncipe's EEZ in accordance with the types of fishing envisaged in the agreement:  

1) Tuna seiners: 36 vessels for tropical tuna fishing, 

2) Pole-and-line tuna boats: 2 vessels for tropical tuna fishing, 

3) Longliners: 25 vessels for fishing for tuna and related species;  

The financial contribution is thus set at €687 500 for the extension year.  

The following indicators will be used in the context of the ABM for the purposes of 
monitoring implementation of the agreement: 

• 

• 

• 

• 

• 

monitoring the utilisation rate of the fishing opportunities; 

gathering  and  analysing  data  on  catches  and  the  commercial  value  of  the 
agreement; 

contribution to employment and value added in the Community; 

contribution to stabilising the Community market; 

contribution  to  the  general  objectives  of  reducing  poverty  in  São  Tomé  e 
Príncipe, 
to  employment,  development  of 
infrastructure and support for the state budget; 

the  contribution 

including 

• 

number of technical meetings and meetings of the Joint Committee. 

5.4 

Method of implementation (indicative) 

Show below the method(s)11 chosen for the implementation of the action. 

X 

Centralised Management 

X  Directly by the Commission 

(cid:133) 

Indirectly by delegation to: 

11 

If a number of methods are indicated, please provide details in the “Comments” section. 

EN 

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(cid:133)  Executive Agencies 

(cid:133)  Bodies  set  up  by  the  Communities  as  referred  to  in 

Article 185 of the Financial Regulation 

(cid:133)  National  public-sector  bodies/bodies  with  public-service 

mission 

(cid:133) 

Shared or decentralised management 

(cid:133)  With Member States 

(cid:133)  With third countries 

(cid:133) 

Joint management with international organisations (please specify) 

Comments: 

6. 

MONITORING AND EVALUATION 

6.1 

Monitoring system 

The  Commission  (Fisheries  DG,  in  collaboration  with  the  Commission  Delegation 
with  regional  competence  in  Libreville,  Gabon)  will  ensure  regular  monitoring  of 
implementation  of  this  extension,  particularly  in  terms  of  its  use  by  operators  and 
catch data. 

6.2 

Assessment 

Given that the proposal is for extension of the protocol's validity for one year only, 
no specific ex-ante evaluation has been carried out. However, the protocol currently 
in  force  was  thoroughly  evaluated  in  August  2004  with  the  assistance  of  a 
consortium  of  independent  consultants,  with  a  view  to  the  possible  launch  of 
negotiations  for  a  new  protocol.  The  commencement  of  negotiations  has  been 
delayed  for  a  year  in  view  of  this  extension.  This  will  allow  the  authorities  of  São 
Tomé and Príncipe more time to prepare. The 2004 study could be updated with data 
for 2005. 

6.2.1 

Ex-ante evaluation 

Here is some background information on the value of the current protocol (2002-05) 
drawn from the 2004 study: 

(Study  of  the  "Sao  Tomé  e  Principe"  agreement:  Ex-post  evaluation  of  the  current 
protocol  to  the  fisheries  agreement  between  the  European  Community  and  the 
Republic of São Tomé e Príncipe, and analysis of the impact of the future protocol 
on  sustainability,  including  ex-ante  evaluation”  by  Oceanci  Developpement  and 
Poseidon  Aquatic  Resource  Management  Ltd.  Project  Fish/2003/02,  final  report, 
August 2004.) 

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The protocol is the seventh since entry into force of the Fisheries Agreement between 
the  two  parties  in  1984.  It  is  mainly  a  tuna  agreement  (63  vessels)  with  an 
experimental  fishing  opportunity  targeting  crab  for  three  vessels  of  less  than  250 
GRT  (for  the  period  from  1 June 2002 to 31 May 2003 only). It is one of the tuna 
agreements concluded by the EC in one of the Atlantic zones richest in tuna. 

This bilateral fishing agreement enables the Community to maintain its distant-water 
fishing  policy  and  gives  private  operators  (the  shipowners  concerned)  continued 
access to the São Tomé and Príncipe fishing zone and the possibility of continuing to 
fish for tuna in the Atlantic. Thus the existence of a Community fisheries agreement, 
which imposes a binding regulatory framework on both parties, guarantees the sound 
management of stocks, which is not always the case with private agreements. Lastly, 
the fisheries agreement creates jobs for fishermen from the EC and the third country. 

The  total  fishing  opportunities  included  in  the  2002-05  protocol  correspond  to  36 
tuna seiners, two pole-and-line tuna boats (seven under the previous protocol) and 25 
surface  longliners  (33  under  the  previous  protocol).  This  represents  fewer  vessels 
than under the previous protocol. 

The average volume of use in terms of licences taken out has been very good for tuna 
seiners  and  good  for  surface  longliners,  but  zero  for  pole-and-line  vessels  and  the 
experimental-fishing segment targeting crab. 

The tuna section of this Protocol is an integral part of the network of agreements on 
tuna  covering  the  Atlantic  zone,  which  allows  the  Community  fleet  to  follow 
straddling stocks of tuna. 

Use of the EC/São Tomé and Príncipe fisheries agreement (number of vessels) 

Vessel Type: 

Fishing 
opportunities 
offered 

Use 
2002/03 

in 

Use 
2003/04 

in 

Use 
in 
2004/0512 

Average 
use 

Tuna seiners 

36 vessels 

72% 

Pole-and-line  tuna 
boats 

2 vessels 

0% 

78% 

0% 

67% 

0% 

72% 

0% 

Surface longliners 

25 vessels 

64% 

68% 

40% 

57% 

Since  tunas  are  highly  migratory  species,  catches  in  a  particular  zone  can  vary 
considerably from one fishing year to another. The catches taken by the Community 
fleet in São Tomé and Príncipe waters may not, therefore, be known in advance. In 
general,  catches  (2 000-8 000  tonnes/year)  were  lower  than  the  reference  tonnage 
(8 500 tonnes). 

12 

Licences already taken out at 29 September 2003, for the period 1.7.2003-30.6.2004. 

EN 

16 

   EN 

 
 
                                                 
The Agreement is clearly advantageous in that the catch value far exceeds the cost of 
the protocol. The average commercial value of the tuna is between €800 and €1 000 
per tonne. 

In addition to the direct commercial value of the catches for the vessels involved, the 
Agreement yields the following manifest benefits: 

– 

– 

– 

guaranteed jobs on board fishing vessels; 

multiplier  effect  on  employment:  in  ports,  auction  markets,  processing 
factories, shipyards, service enterprises etc.; 

location  of  these  jobs  in  regions  where  there  are  no  other  employment 
possibilities; 

– 

contribution to Community's fish supply. 

It should also be remembered that the Council's guidelines on negotiation of fishery 
agreements with the ACP countries specify a need to take account of the interest to 
the Community in maintaining or establishing fishery relations with these countries. 

- Added value of Community involvement  

Regarding the extension of this Protocol, if the Community does not act, then private 
agreements  will  spring  up  which  would  not  guarantee  sustainable  fisheries,  and 
Community  vessels  would  change  flags  (mostly  to  flags  of  convenience),  thereby 
reducing  the  size  of  the  Community  fleet.  The  Community  has  made  international 
commitments  regarding  the  sustainable  management  of  resources  and  combating 
illegal  fishing,  which  can  be  honoured  only  through  Community  fisheries 
agreements. 

- Risks and alternative options: 

There is inevitably some risk in setting up a new fisheries protocol, for example: the 
amounts intended to finance the targeted actions and shipowners' fees might not be 
allocated  as  agreed  (fraud),  foreign  fleets  might  ignore  licences  and  other  controls, 
there might be no investment and the local fishermen might be marginalised. 

In  order  to  avoid  these  risks,  it  would  be  desirable  to  improve  the  monitoring  of 
revenue  and  expenditure,  improve  the  control  activities  of  patrol  vessels  and  aerial 
control, strengthen satellite monitoring (VMS), encourage foreign fleets to use local 
harbour facilities, finance measures for local fishermen, etc. 

6.2.2 

Ex-ante  estimate  of  the  economic  value  of  the  agreement  and  the  Community's 
financial contribution 

The  Community's  financial  contribution  granted  under  this  extension  is  a  single 
allocation established on the basis of one year's extension of the total appropriation 
for the 2002-05 protocol i.e. €637 500 for the tuna fishing opportunities plus €50 000 
to finance the study on deep-water crab. 

EN 

17 

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6.2.3  Measures taken following an  intermediate/ex-post evaluation (lessons learned from 

similar experiences in the past) 

A detailed evaluation of the protocol expiring in 2005 has been carried out and was 
completed  in  August  2004.  This  study  should  help  prepare  the  renegotiation  of  the 
agreement, which has been postponed by a year to allow the authorities of São Tomé 
and Príncipe to use the funds for the targeted measures and write the implementation 
reports  on  the  programme  to  support  the  sustainable  management  of  fisheries 
resources under the targeted measures, which had been delayed. 

The  targeted  measures,  which  represent  a  substantial  part  of  the  financial 
contribution,  were  paid  for  in  a  lump  sum  only  in  July  2005,  because  the  annual 
programming provided for in Article 4 of the Protocol was not carried out until the 
spring of 2005. It should be noted that the authorities of São Tomé and Príncipe have 
undertaken  to  sending  a  detailed  implementation  report  as  provided  for  in  the 
protocol. 

Difficulties  in  the  annual  programming  of  the  targeted  measures  related  to  a 
weakness  in  the  Ministry  for  Fisheries  of  São  Tomé  and  Príncipe  have  led  that 
Ministry  to  request  that  the  Community's  entire  financial  contribution  under  the 
extension,  corresponding  to  the  amount  provided  for  in  Article  2  of  the  current 
protocol (€637 500), be assigned as financial compensation. 

Indeed,  the  supporting  measures  provided  for  in  the  Protocol  for  the  period 
1 June 2002 to 31 May 2005, worth €880 000, were not paid for until 12 July 2005, 
because the authorities of São Tomé and Príncipe had undertaken no programming. 
The extension provides for a single payment of €637 500, corresponding to €255 000 
for  targeted  measures  plus  a  financial  contribution  of  €382 500  payable  in 
January 2006.  In  view  of  the  delay  in  the  targeted  measures  for  2002-05,  the 
Government of São Tomé and Príncipe has undertaken to make good the delay but, 
at the time of this extension, did not wish for the payment of €255 000 on the basis of 
programming of new targeted measures. Nevertheless, the Government has stated its 
intention to spend a corresponding amount in the sectors targeted by these measures. 

6.2.4 

Terms and frequency of future evaluation 

A large part of the period covered by the current protocol had been the subject of an 
evaluation completed in August 2004 ahead of early negotiations which could not be 
held. The study could be updated to cover the period of the extension on the basis of 
indicators  for  measuring  the  results  (catches,  catch  values)  and  consequences 
(number of jobs created and maintained, relationship between the cost of the Protocol 
and the value of the catches). 

Following on from this study, in order to ensure sustainable fishing in the region, an 
evaluation of the economic, social and environmental impact will be made each time 
a protocol is renewed in the future. The indicators listed in point 5.3 will be used to 
carry out an a ex-post evaluation. 

EN 

18 

   EN 

 
7. 

ANTI-FRAUD MEASURES 

The  use  to  which  the  financial  contribution  paid  by  the  Community  under  the 
Agreement  is  put  is  entirely  at  the  discretion  of  the  sovereign  third  country 
concerned. 

However,  in  this  case,  programming  the  part  of  the  financial  contribution  used  to 
support the fisheries policy of the country concerned, implementing the programme 
and providing the Commission with information on the results obtained, will remain 
the  exclusive  responsibility  and  competence  of  the  third  country.  Nevertheless,  the 
Commission  undertakes  to  try  and  establish  permanent  political  dialogue  and 
cooperation with a view to improving the management of the protocol extension and 
strengthening  the  Community's  contribution  to  the  sustainable  management  of 
resources. 

In any case, any payment which the Commission makes under a fisheries agreement 
is subject to its standard rules and budgetary and financial procedures. This makes it 
possible, in particular, to fully identify the bank accounts of the third countries onto 
which the financial contribution is paid. 

In accordance with the principle of national sovereignty, however, the Commission 
cannot conduct or have conducted financial audits on the financial contributions paid 
to third countries.  

EN 

19 

   EN 

 
8. 

DETAILS OF RESOURCES 

8.1 

Objectives of the proposal in terms of their financial cost 

Commitments (in EUR million to four decimal places) 

Type of output 

Year n 

Year n+1 

Year n+2 

TOTAL 

No. outputs 

Total cost  No. outputs 

Total cost 

No. outputs 

Total cost 

No. outputs 

Total cost 

(Headings of Objectives, actions 
and outputs should be provided)

objective 
Operational 
No 1……………….13  To  obtain 
fishing opportunities in exchange 
for a financial contribution 

Action 1………………. 

 - Output 1 

Vessels/licences 

63 licences 

quota 

8 500 t 

0.6375 

63 licences 

8 500 t 

0.6375 

OPERATIONAL  OBJECTIVE 
No 
Study 
2………………. 
evaluating  resources  of  deep-
water crabs 

- Output 2 

- Output 1   

TOTAL COST 

evaluating 
Study 
resources  of  deep-
water crabs 

0.05. 

0.6875 

13 

As described under Section 5.3 

EN 

20 
EN 

0.05. 

0.6875 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
8.2 

Administrative expenditure 

8.2.1  Number and type of human resources 

Type of 
post 

Staff to be assigned to management of the action using 
existing and/or additional resources (number of posts/FTEs) 

Year n 

0,25 

0,3 

Officials or 
temporary 
staff14 (11 
01 01) 

A*/AD 

B*, C*/AST 

Staff  financed15  by  Art.  11 
01 02 

Other  staff  financed16  by 
Art. 11 01 04/04 

TOTAL 

0.55 

8.2.2  Description of tasks deriving from the action 

•  Assisting  the  negotiator  to  prepare  and  conclude  the  negotiation  of  fisheries 

agreements: 

– 

– 

– 

– 

taking  part  in  negotiations  with  third  countries  to  conclude  fisheries 
agreements; 

preparing  draft  evaluation  reports  and  negotiation  strategy  notes  for  the 
Commissioner; 

presenting  and  defending  the  Commission's  position  in  the  Council's 
"External Fisheries" Working Party; 

taking part in the search for a compromise with the Member States to be 
included in the final text of the agreement. 

•  Monitoring the implementation of agreements: 

– 

daily monitoring of fisheries agreements; 

14 
15 
16 

Cost of which is NOT covered by the reference amount. 
Cost of which is NOT covered by the reference amount. 
Cost of which is included within the reference amount. 

EN 

21 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
– 

– 

– 

– 

preparing  and  checking  the  commitment  and  payment  of  the  financial 
compensation and targeted measures or financing for the development of 
responsible fishing; 

regular reporting on the implementation of agreements; 

evaluating agreements: scientific and technical aspects; 

preparing  the  draft  proposal  for  a  Council  regulation  and  decision  and 
drafting the text of the agreement; 

– 

launching and monitoring of adoption procedures. 

•  Technical assistance: 

– 

preparing the Commission's position for the Joint Committee. 

•  Inter-institutional relations 

– 

– 

representing 
Parliament and the Member States in the negotiation process; 

the  Commission  before 

the  Council, 

the  European 

writing  the  replies  to  oral  and  written  questions  from  the  European 
Parliament. 

•  Interdepartmental consultation and coordination: 

– 

liaising  with  the  other  Directorates-General  on  matters  relating  to  the 
negotiation and monitoring of agreements; 

– 

organising and responding to interdepartmental consultations. 

•  Evaluation: 

– 

– 

taking part in updating the impact assessment; 

analysing the achieved objectives and evaluation indicators. 

8.2.3 

Sources of human resources (statutory) 

(When more than one source is stated, please indicate the number of posts originating from 
each of the sources) 

X 

(cid:133) 

(cid:133) 

(cid:133) 

Posts currently allocated to the management of the programme to be replaced 
or extended 

Posts pre-allocated within the APS/PDB exercise for year 2005 

Posts to be requested in the next APS/PDB procedure 

Posts  to  be  redeployed  using  existing  resources  within  the  managing  service 
(internal redeployment) 

EN 

22 

   EN 

 
(cid:133) 

Posts required for year n although not foreseen in the APS/PDB exercise of the 
year in question 

8.2.4  Other administrative expenditure included in reference amount 

(11 01 04/05 – Expenditure on administrative management) 

Budget heading: 11010404 

Year n 

TOTAL 

(€million to three decimal places) 

(number and heading) 

1. Technical and 
administrative assistance 
(including related staff 
costs) 

Executive agencies17 

Other technical and 
administrative assistance 

- intra muros 

- extra muros (study 

0.05 

on deep-water crab) 

Total technical and 
administrative assistance 

0.05 

0.05 

8.2.5 

Financial cost of human resources and associated costs not included in the reference 
amount 

(€million to four decimal places) 

Type of human resources 

Officials and temporary staff (11 01 01) 

Staff financed by Art. XX 01 02 
(auxiliary, END, contract staff, etc.) 

(specify budget line)

Year n 

0.0594 

Total cost of Human Resources and 
associated costs (NOT in reference 
amount) 

0.0594 

17 

Reference  should  be  made  to  the  specific  legislative  statement  for  the  Executive  Agency/Agencies 
concerned. 

EN 

23 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
Calculation– Officials and contract staff 

Reference should be made to Point 8.2.1, if applicable 

- 

1A = €108 000*0.25 = €27 000 

1B = €108 000*0.15 = €16 200 

1C = €108 000*0.15 = €16 200 

Subtotal : €59 400 (€0.0594 million per year) 

Total: €59 400 per year ( €0.0594 million per year) 

Calculation – Staff financed under Article XX 01 02 

Reference should be made to Point 8.2.1, if applicable 

8.2.6  Other administrative expenditure not included in reference amount 

(€million to three decimal places) 

Year n 

Year n+1 

Year n+2 

TOTAL 

11 01 02 11 01 – Missions 

0.010 

11 01 02 11 02 – Meetings & Conferences 

0.0015 

0.010 

0.0015 

XX 01 02 11 03 – Committees18 

XX 01 02 11 04 - Studies and 
consultations 

XX 01 02 11 05 - Information systems 

2. Total other management expenditure 

(XX 01 02 11) 

3. Other expenditure of an 

administrative nature (specify 
including reference to budget line) 

Studies and technical assistance for VMS, 
the legal framework for VMS, training of 
VMS technicians  

0.09 

0.09 

Budget line 11 01 04 04 

Total administrative expenditure, other 
than human resources and associated 
costs (NOT included in reference 
amount) 

0.1015 

0.1015 

18 

Specify the type of committee and the group to which it belongs. 

EN 

24 

   EN