Proposal for a Council Decision on the conclusion of the 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
Date: 2006-08-11
Institutions: European Commission
Subjects: European Community, Gabon, financial compensation of an agreement, fishing agreement, fishing rights, protocol to an agreement, ratification of an agreement

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 11.8.2006 
COM(2006) 453 final 

Proposal for a 

COUNCIL DECISION 

on the conclusion of the 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 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

The Community and the Gabonese Republic negotiated and initialled, on 28 October 2005, a 
Fisheries  Partnership  Agreement  which  provides  Community  fishermen  with  fishing 
opportunities  in  the  Gabonese  fishing  zone.  This  Partnership  Agreement,  accompanied  by  a 
Protocol and the Annex thereto, was signed for a period of six years from its entry into force 
and is renewable. On the date of its entry into force, this Agreement repeals and replaces the 
Agreement between the European Community and the Gabonese Republic on fishing off the 
coast of Gabon which entered into force on 3 December 1998. 

The  Protocol  and  the  Annex  thereto  setting  out  the  technical  and  financial  conditions 
governing the fishing activities of European Community vessels were signed for a period of 
six  years  from  3  December  2005.  Pending  the  entry  into  force  of  the  new  Agreement,  this 
Protocol and the Annex thereto  will enter into force on the date on which the Parties notify 
each other of the completion of the procedures necessary for that purpose. They are applicable 
as from 3 December 2005. 

The  main  objective  of  the  new  Partnership  Agreement is to  strengthen cooperation between 
the  European  Community  and  the  Gabonese  Republic,  thereby  creating  a  partnership 
framework  within  which  to  develop  a  sustainable  fisheries  policy  and  sound  exploitation  of 
fisheries  resources  in  the  Gabonese  fishing  zone,  in  the  interests  of  both  Parties.  The 
Commission's negotiating position was based in part on the results of an ex-post and ex-ante 
evaluation carried out by independent experts. 

The  two  Parties  are  taking  part  in  a  political  dialogue  on  topics  of  mutual  interest  in  the 
fisheries  sector.  In  the  Partnership  Agreement,  the  current  priorities  of  fisheries  policy  in 
Gabon  will  allow  the  identification  by  mutual  agreement  between  the  two  Parties  of 
objectives,  and  the  annual  and  multiannual  programming  to  attain  them,  with  a  view  to 
ensuring sustainable and responsible management of the sector. 

The Partnership Agreement also provides for encouraging economic, scientific and technical 
cooperation in the fisheries sector and related sectors. 

The  financial  contribution  is  fixed  at  EUR 860 000  per  year.  Of  this  financial  contribution, 
60%  will  allow  annual  financial  support  for  defining  and  implementing  a  sectoral  fisheries 
policy in Gabon, with a view to introducing responsible and sustainable fishing. This financial 
support will be based on annual and multiannual programming (see above). 

The  fishing  opportunities  provided  for  in  the  Agreement  have  been  laid  down  according  to 
two  categories:  (1)  for  the  fishing  category  "freezer  tuna  seiners":  24  vessels;  (2)  for  the 
fishing category "surface longliners": 16 vessels. 

Shipowners'  fees  have  been  fixed  for  each  category  and,  overall,  could  create  an  additional 
annual income of around EUR 142 000 million for Gabon. 

The Commission is accordingly proposing that the Council adopt by Decision the Agreement in 
the form of an Exchange of Letters concerning the provisional application of the new Protocol, 
pending its definitive entry into force. 

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A  proposal  for  a  Council  Regulation  concerning  the  conclusion  of  the  new  Agreement  is  the 
subject of a separate procedure.  

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Proposal for a 

COUNCIL DECISION 

on the conclusion of the 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 

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) thereof, 

Having regard to the proposal from the Commission, 

Whereas: 

(1) 

The Community and the Gabonese Republic have negotiated and initialled a Fisheries 
Partnership Agreement providing Community fishermen with fishing opportunities in 
the waters falling within the sovereignty of the Gabonese Republic. 

(2) 

It is in the Community's interest to approve that Agreement. 

(3) 

(4) 

It is necessary to guarantee the pursuit of fishing activities from the date of expiry of 
the previous Protocol1 until the date of entry into force of the Protocol setting out the 
fishing opportunities and financial contribution provided for in that Agreement. 

The method for allocating the fishing opportunities among the Member States should 
be defined, 

HAS DECIDED AS FOLLOWS: 

Article 1 

The  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 is hereby approved 
on behalf of the Community. 

The text of the Agreement is attached to this Decision. 

1 

Approved by Council Regulation (EC) No 580/2002 of 25 March 2002. 

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The Agreement shall apply provisionally from 3 December 2005. 

Article 2 

Article 3 

The fishing opportunities set out in the Protocol to the Agreement shall be allocated among 
the Member States as follows: 

Fishing category 

Type of vessel 

Member State 

Licences or quota 

Tuna fishing 

Surface longliners 

Tuna fishing 

Freezer tuna seiners 

Spain 

Portugal 

Spain 

France 

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3 

12 

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

Article 4 

The Member States whose vessels fish under this Agreement shall notify the Commission of 
the  quantities  of  each  stock  caught  within  the  Gabonese  fishing  zone  in  accordance  with 
Commission Regulation (EC) No 500/2001 of 14 March 2001 laying down detailed rules for 
the application of Council Regulation (EEC) No 2847/93 on the monitoring of catches taken 
by Community fishing vessels in third country waters and on the high seas2. 

Article 5 

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. 

Done at Brussels, 

For the Council 

The President 

2 

OJ L 73, 15.3.2001, p. 8. 

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ANNEX 

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 

A. Letter from the European Community 

Sir, 

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 
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  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 

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B. Letter from the Government of Gabon 

Sir, 

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 

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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 

Article 1 
Period of application and fishing opportunities 

1. 

For a period of six years from 3 December 2005, the fishing opportunities granted under 
Article 5 of the Agreement shall be as follows: 

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

•  freezer tuna seiners: 24 vessels, 

•  surface longliners: 16 vessels, 

2. 

3. 

1. 

2. 

3. 

4. 

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

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. 

Article 2 
Financial contribution – Methods of payment 

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 this Protocol. 

The  Community  shall  pay  the  sum  of  the  amounts  referred  to  in  paragraph 1,  i.e. 
EUR 860 000, each year during the period of application of this Protocol.  

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 increased by EUR 65 for each additional tonne caught. 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.  

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5. 

6. 

7. 

1. 

2. 

3. 

4. 

1. 

Payment of 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. 

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

The financial contribution shall be paid into account No 47069 X, "Pêche Maritime" (Sea 
Fisheries) in the name of the Public Treasury of Gabon. 

Article 3 
Cooperation on responsible fishing – Scientific meeting 

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

During the period covered by this Protocol, the Community and the Gabonese authorities 
shall endeavour to monitor the evolution of resources in the Gabonese fishing zone. 

The  Parties  undertake  to  promote  cooperation at  subregional  level  on  responsible  fishing 
and, in particular, within COREP. 

In accordance  with  Article 4 of the Agreement and on the 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 

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  proportionately  and  pro rata  temporis.  However,  the  total  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  quantities  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. 

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3. 

1. 

2. 

1. 

2. 

3. 

The allocation of the fishing opportunities 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 redistribution of fishing opportunities so warrants. 

Article 5 
New fishing opportunities 

Should  Community  vessels  be  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.  

The  Parties  shall  encourage  exploratory  fishing,  particularly  as  regards  deep-sea  species 
present  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.  

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 
authorisations  for  exploratory  fishing  should  be  agreed  for  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  of  this  Protocol.  The  financial  compensation 
referred to in Article 2(1) of the current Protocol shall consequently be increased. 

Article 6 
Suspension and review of the payment of the financial contribution 
in the event of unusual circumstances 

Where unusual circumstances, other than natural phenomena, prevent fishing activities in 
the  Gabonese  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 the financial contribution shall resume as soon as the Parties find, by mutual 
agreement following consultations, that the circumstances preventing fishing activities are 
no longer present and/or that the situation allows a resumption of fishing activities. 

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. 

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Article 7 
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 the sectoral fisheries policy drawn up by the Gabonese Government.  

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. 

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  in  Article  9  of  the 
Agreement,  on  a  multiannual  sectoral  programme  and  detailed  implementing  rules 
covering, in particular:  

(a) 

(b) 

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;  

the objectives, both annual and multiannual, to be achieved with a view to promoting 
responsible  fishing  and  sustainable  fisheries,  taking  account  of  the  priorities 
expressed by Gabon in its national fisheries policy and other policies relating to or 
having an impact on the introduction of responsible fishing and sustainable fisheries; 

(c) 

criteria and procedures for evaluating the results obtained each year. 

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

Each  year,  Gabon  shall  allocate  the  share  corresponding  to  the  percentage  referred  to  in 
paragraph 1 with a view to implementing the multiannual programme. For the first year of 
application of the Protocol, that allocation must be notified to the Community at the time 
when  the  multiannual  sectoral  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. 

Where  the  annual  evaluation  of  the  progress  made  in  implementing  the  multiannual 
sectoral  programme  so  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  resources  allocated  to  implementation  of  the 
programme into line with its results. 

2. 

3. 

4. 

5. 

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Article 8 
Disputes – suspension of application of the Protocol 

1. 

2. 

3. 

4. 

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

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 held within the Joint Committee under paragraph 1 have not resulted in 
an amicable settlement. 

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. 

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, 
application 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. 

Article 9 
Suspension of application of the Protocol on grounds of non-payment 

Subject  to  Article  3,  if  the  Community  fails  to  make  the  payments  provided  for  in  Article  2, 
application of this Protocol may be suspended on the following terms: 

(a) 

(b) 

The  competent  Gabonese  authorities  shall  notify  the  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. 

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. 

Article 10 
National law 

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. 

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Article 11 
Review clause 

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

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

Article 13 
Entry into force 

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.  

2. 

It shall apply as from 3 December 2005. 

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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. 

2. 

3. 

4. 

5. 

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

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. 

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. 

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. 

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. 

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

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

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. 

7. 

8. 

9. 

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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. 

13. 

14. 

15. 

1. 

2. 

3. 

4. 

5. 

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.  

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. 

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. 

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 

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

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

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. 

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. 

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 Développement 

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(IRD), the Instituto Español de Oceanografía (IEO) and the Instituto de Investigação das 
Pescas e do Mar (IPIMAR) via the European Commission Delegation. 

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

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.  

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. 

CHAPTER II – FISHING ZONES 

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. 

6. 

7. 

8. 

1. 

2. 

Zones prohibited to shipping: 

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

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 

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16 

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2.2 

2.3 

3. 

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.  

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. 

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

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.  

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  within  the  Joint  Committee,  in  accordance  with  the  socio-
economic impact of landings in the year concerned. 

CHAPTER V – EMBARKING SEAMEN 

1. 

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

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17 

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2. 

3. 

4. 

5. 

6. 

–  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 

fishing season in the fishing zone of third countries shall be of ACP origin.  

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

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. 

The employment contracts of seamen from the ACP countries shall be drawn up between 
the  shipowners'  representative(s)  and 
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.  

the  seamen  and/or 

their 

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. 

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. 

1.1 

1.2 

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. 

Community vessels shall take on board an observer appointed by the competent regional 
organisation in order to check catches made in Gabonese waters.  

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. 

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18 

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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. 

3. 

4. 

5. 

6. 

7. 

8. 

8.1 

8.2 

8.3 

8.4 

8.5 

8.6 

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. 

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

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.  

Within two weeks and giving ten days' notice, the shipowners concerned shall make known 
at which Gabonese ports and on what dates they intend to take observers on board. 

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. 

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

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

observe the fishing activities of the vessels; 

verify the position of vessels engaged in fishing operations; 

perform biological sampling in the context of scientific programmes; 

note the fishing gear used; 

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

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. 

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19 

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9. 

10. 

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

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. 

11. 

While on board, observers shall: 

11.1 

11.2 

12. 

13. 

14. 

1. 

2. 

take  all  appropriate  steps  to  ensure  that the  conditions  of  their  boarding  and  presence  on 
the vessel neither interrupt nor hamper fishing operations, 

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

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. 

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. 

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

CHAPTER VIII – MONITORING 

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.  

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20 

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3.2 

3.3 

3.4 

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). 

Vessels  found  to  be  fishing  without  having  informed  the  competent  Gabonese  authority 
shall be regarded as vessels in breach of the legislation. 

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 

4.2. 

4.3. 

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. 

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

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

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  tenth 
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 

6.2 

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. 

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 

7.2 

7.3 

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

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

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

8. 

Consultation meeting in the event of boarding 

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21 

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8.1 

8.2 

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 infringement, 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.  

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. 

9.2. 

9.3. 

9.4. 

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

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

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  the  infringement  shall  be 
paid  by  the  shipowner  into  a  bank  account  specified  by  the  competent  Gabonese 
authorities. 

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 

–  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, 

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–  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. 

APPENDICES 

1. 

2. 

3. 

Licence application form 

ICCAT logbook 

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

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Appendix 1 

MINISTRY OF FISHERIES 

APPLICATION FOR A LICENCE FOR FOREIGN INDUSTRIAL FISHING VESSELS: 

1. 

2. 

3. 

4. 

5. 

6. 

7. 

8. 

9. 

Name of shipowner: ..................................................................................................... 

Address of shipowner:.................................................................................................. 

Name of representative or agent: ................................................................................. 

Address of shipowner's representative or local agent: ................................................. 

……………………………………………………………………………………….. 

Name of skipper: .......................................................................................................... 

Name of vessel: ............................................................................................................ 

Registration No: ........................................................................................................... 

Fax No:......................................................................................................................... 

E-mail address:............................................................................................................. 

10. 

Radio code: ………………………………………………………………………….. 

11. 

Date and place of construction:.................................................................................... 

12. 

Flag country: ................................................................................................................ 

13. 

Port of registration: ...................................................................................................... 

14. 

Port of fitting out:......................................................................................................... 

15. 

Overall length:.............................................................................................................. 

16.  Width of vessel:............................................................................................................ 

17. 

Gross registered tonnage: ............................................................................................. 

18. 

Net tonnage: ................................................................................................................. 

19. 

Hold capacity: .............................................................................................................. 

20. 

Cold storage and freezing capacity: ............................................................................. 

21. 

Engine type and horse power: ...................................................................................... 

22. 

Fishing gear:................................................................................................................. 

23. 

Number of crew: .......................................................................................................... 

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24 

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24. 

Communications equipment: ....................................................................................... 

25. 

Call sign: ...................................................................................................................... 

26. 

Identification markings: ............................................................................................... 

27. 

Fishing operations to be carried out:............................................................................ 

28. 

Place of landing:........................................................................................................... 

29. 

Fishing zones:............................................................................................................... 

30. 

Species to be caught: .................................................................................................... 

31. 

Period of validity:......................................................................................................... 

32. 

Special conditions: ....................................................................................................... 

Opinion of the Directorate-General for Fisheries and Aquaculture:........................................ 

Comments of the Ministry responsible for fisheries:............................................................... 

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Appendix 2 

ICCAT LOGBOOK FOR TUNA FISHERY 

Name of vessel: 

…………………………………………………………………………………….. 

Flag country:   
……………………………………………………………………...........................

Gross tonnage: 
………………………………………………….............................

Month  Day 

Year 

Port 

Capacity – (MT): 

…………………………………………………………….......... 

Vessel DEPARTED: 

Registration No: 
………………………………………………………………...................................

Skipper: ……………………………………………………….... 

Shipowner: 
………………………………………………………….......................................... 

No of crew: 
….…………………………………………………........................

Vessel 
RETURNED: 

Address: ………………………………………………………………………….... Reporting date: ………………………………………………...... 

(Reported by):  
……………………………………………….................................

No of fishing days: 

No of days at sea: 

No of sets made: 

Trip number: 

Longline 

Live bait 

Purse seine 

Trawl 

Outros (Others) 

Date 

Sector 

Month  Day 

S
/
N
e
d
u
t
i
t
a
L

/

W
E
e
d
u
t
i
g
n
o
L

Surface 
water 
temp 

(ºC) 

Fishing effort 

Bluefin tuna 

No of hooks 
used 

Thunnus 

thynnus or 

maccoyi 

Yellowfin tuna 

(Bigeye tuna) 

(Albacore) 

(Swordfish) 

Thunnus 

Thunnus 

Thunnus 

albacares 

obesus 

alalunga 

Xiphias 

gladius 

(Strip marlin) 

(White marlin) 

Tetraptunus 

audax or albidus 

(Black marlin)

(Sailfish) 

Skipjack 

Makaira 

indica 

Istiophorus albicane 
or platypterus 

Katsuwonus 

(Miscellaneous fish) 

pelamis 

Daily total 

(weight in kg 
only) 

y
r
u
a
S

d
i
u
q
S

t
i
a
b

e
v
i
L

(Other) 

Catches 

Bait used 

No  Weigh

No 

kg 

No 

kg 

No 

kg 

No 

kg 

No 

kg 

No 

kg 

No 

kg 

No 

kg 

No 

kg 

No 

kg 

t 
kg 

LANDING WEIGHT (IN KG) 

Notes 

1 – Use one sheet per month, and one line per day. 

3 – “Day” refers to the day you set the line. 

5  -  The  last  line  (landing  weight)  should  be  completed  only  at  the  end  of  the  trip.  Actual 
weight at the time of unloading should be recorded. 

2 - At the end of each trip, forward a copy of the log to your correspondent 
or to the ICCAT, Calle Corazón de María, 8, 28002 Madrid, Spain. 

4 - Fishing area refers to the position of the boat. Round off minutes and record 
degree of latitude and longitude. Be sure to record N/S and E/W. 

6 - All information reported herein will be kept strictly confidential. 

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

Appendix 3 

1. 

2. 

3. 

4. 

5. 

6. 

7. 

8. 

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. 

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). 

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. 

The position of vessels shall be determined with a margin of error of less than 500 metres 
and a confidence interval of 99%. 

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. 

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. 

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. 

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. 

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9. 

10. 

11. 

12. 

13. 

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. 

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 
communicated to other parties. 

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. 

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. 

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. 

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. 

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COMMUNICATION OF VMS MESSAGES TO GABON 

POSITION REPORT 

Data Element 

Code Mandatory/

Comments 

Optional 

Start of record 

Recipient 

From 

Flag State 

Type of message 

Radio call sign 

SR  M 

AD  M 

FR  M 

FS 

O 

TM  M 

RC  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 

Contracting  party  internal 
reference number 

IR 

O 

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

External 
number 

Latitude 

registration 

XR  M 

Vessel detail – number marked on side of vessel 

LA  M 

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

Longitude 

LO  M 

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

Course 

Speed 

Dates 

Time 

CO  M 

SP  M 

DA  M 

TI 

M 

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) 

End of record 

ER  M 

System detail – indicates end of record 

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. 

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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. 

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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: 

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