Proposal for a Council Regulation on the conclusion of the Fisheries Partnership Agreement between the European Community and the Gabonese Republic
Date: 2006-08-11
Institutions: European Commission
Subjects: European Community, Gabon, financial compensation of an agreement, fishing agreement, fishing rights, ratification of an agreement

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 11.8.2006 
COM(2006) 454 final 

2006/0156 (CNS) 

Proposal for a 

COUNCIL REGULATION 

on the conclusion of the Fisheries Partnership Agreement between the European 
Community and the Gabonese Republic 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

The  Community  and  the  Gabonese  Republic  have  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 
Gabonese coast 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  proposes  on  this  basis  that  the  Council  adopt  the  conclusion  of  this  new 
Fisheries  Partnership  Agreement  between  the  European  Community  and  the  Gabonese 
Republic by Regulation. 

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2006/0156 (CNS) 

Proposal for a 

COUNCIL REGULATION 

on the conclusion of the Fisheries Partnership Agreement between the European 
Community and the Gabonese Republic 

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 Commission, 

Having regard to the opinion of the European Parliament, 

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) 

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

HAS ADOPTED THIS REGULATION: 

Article 1 

The  Fisheries  Partnership  Agreement  between  the  European  Community  and  the  Gabonese 
Republic 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 to the Agreement shall be allocated among 
the Member States as follows: 

Article 2 

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Fishing category 

Type of vessel 

Member State 

Tuna fishing 

Surface longliners 

Spain 

Portugal 

Tuna fishing 

Freezer tuna seiners 

Spain 

France 

Licences or 
quota 

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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 3 

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 seas1. 

Article 4 

This Regulation shall enter into force on the seventh 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 

1 

OJ L 73, 15.3.2001, p. 8. 

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FISHERIES PARTNERSHIP AGREEMENT 

between the Gabonese Republic and the European Community 

THE GABONESE REPUBLIC, hereinafter referred to as "Gabon", 

and 

THE EUROPEAN COMMUNITY, hereinafter referred to as "the Community", 

hereinafter referred to as "the Parties", 

CONSIDERING  the  close  working  relationship  between  the  Community  and  Gabon, 
particularly in the context of the Cotonou Agreement, and their mutual desire to intensify that 
relationship, 

CONSIDERING  the  desire  of  the  two  Parties  to  promote  the  sustainable  exploitation  of 
fisheries resources by means of cooperation, 

HAVING REGARD TO the United Nations Convention on the Law of the Sea, 

DETERMINED to apply the decisions and recommendations of the International Commission 
for the Conservation of Atlantic Tunas, hereinafter referred to as "ICCAT", 

AWARE  of  the  importance  of  the  principles  established  by  the  Code  of  conduct  for 
responsible fisheries adopted at the FAO Conference in 1995, 

DETERMINED  to  cooperate,  in  their  mutual  interest,  in  promoting  the  introduction  of 
responsible  fisheries  to  ensure  the  long-term  conservation  and  sustainable  exploitation  of 
marine living resources, 

CONVINCED  that  such  cooperation  must  take  the  form  of  initiatives  and  measures  which, 
whether  taken  jointly  or  separately,  are  complementary  and  ensure  consistent  policies  and 
synergy of effort, 

INTENDING, to these ends, to commence a dialogue on the sectoral fisheries policy adopted 
by  the  Government  of  Gabon  and  to  identify  the  appropriate  means  of  ensuring  that  this 
policy is effectively implemented and that economic operators and civil society are involved 
in the process, 

DESIROUS  of  establishing  terms  and  conditions  governing  the  fishing  activities  of 
Community  vessels  in  Gabonese  waters  and  Community  support  for  the  introduction  of 
responsible fishing in those waters, 

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RESOLVED  to  pursue  closer  economic  cooperation  in  the  fishing  industry  and  related 
activities  through  the  setting  up  and  development  of  joint  enterprises  involving  companies 
from both Parties, 

HEREBY AGREE AS FOLLOWS: 

Article 1 – Scope 

This Agreement establishes the principles, rules and procedures governing: 

– 

– 

– 

– 

economic, financial, technical and scientific cooperation in the fisheries sector with a 
view to promoting responsible fishing in Gabonese waters to ensure the conservation 
and  sustainable  exploitation  of  fisheries  resources  and  develop  the  Gabonese 
fisheries sector; 

the conditions governing access by Community fishing vessels to Gabonese waters; 

cooperation  on  the  arrangements  for  policing  fisheries  in  Gabonese  waters  with  a 
view  to  ensuring  that  the  above  rules  and  conditions  are  complied  with,  that  the 
measures for the conservation and management of fish stocks are effective and that 
illegal, undeclared and unregulated fishing is prevented; 

partnerships  between  companies  aimed  at  developing  economic  activities  in  the 
fisheries sector and related activities, in the common interest. 

Article 2 – Definitions 

For the purposes of this Agreement: 

(a) 

"Gabonese authorities" means the Government of Gabon;  

(b) 

"Community authorities" means the European Commission;  

(c) 

(d) 

(e) 

(f) 

(g) 

"Gabonese  waters"  means  the  waters  over  which  Gabon  has  sovereignty  or 
jurisdiction; 

"fishing  vessel"  means  any  vessel  equipped  for  commercial  exploitation  of 
living aquatic resources; 

"Community vessel" means a fishing vessel flying the flag of a Member State 
of the Community and registered in the Community;  

"Joint  Committee"  means  a  committee  made  up  of  representatives  of  the 
Community and Gabon, as specified in Article 9 of this Agreement; 

"transhipment" means the transfer in port or at sea of some or all of the catch 
from one fishing vessel to another vessel; 

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(h) 

"unusual circumstances" means circumstances, other than natural phenomena, 
which are beyond the reasonable control of one of the Parties and are such as to 
prevent fishing activities in Gabonese waters. 

Article 3 – Principles and objectives underlying 
the implementation of this Agreement 

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, without prejudice to the agreements concluded between developing 
countries within a geographical region, including reciprocal fisheries agreements. 

The  Parties  shall  cooperate  with  a  view  to  implementing  a  sectoral  fisheries  policy 
adopted by the Government of Gabon and to that end shall initiate a policy dialogue 
on  the  necessary  reforms.  They  shall  consult  with  a  view  to  adopting  potential 
measures in this area. 

The  Parties  shall  also  cooperate  in  carrying  out  ex-ante,  ongoing  and  ex-post 
evaluations,  both  jointly  and  unilaterally,  of  measures,  programmes  and  actions 
implemented on the basis of this Agreement. 

The  Parties  hereby  undertake  to  ensure  that  this  Agreement  is  implemented  in 
accordance with the principles of good economic and social governance, respecting 
the state of fish stocks. 

In particular, the employment of Gabonese and/or ACP seamen on board Community 
vessels  shall  be  governed  by  the  International  Labour  Organisation  (ILO) 
Declaration on Fundamental Principles and Rights at Work, which shall apply as of 
right to the corresponding contracts and general terms of employment. 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. 

Article 4 – Scientific cooperation 

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

The two Parties, 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, shall consult each other within the 
Joint  Committee  provided  for  in  Article  9  of  the  Agreement  and  adopt,  where 
appropriate after a scientific meeting and by mutual agreement, measures to ensure 
the  sustainable  management  of  fisheries  resources  affecting  the  activities  of 
Community vessels. 

The  parties  undertake  to  consult  one  other,  either  directly,  including  at  subregional 
level  within  COREP  (Regional  Fisheries  Committee  for  the  Gulf  of  Guinea 
(COREP),  or  within  the  competent  international  organisations,  to  ensure  the 
management  and  conservation  of  living  resources  in  the  Atlantic  Ocean,  and  to 
cooperate in the relevant scientific research. 

1. 

2. 

3. 

4. 

5. 

1. 

2. 

3. 

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1. 

2. 

3. 

4. 

1. 

2. 

1. 

2. 

3. 

Article 5 – Access by Community vessels 
to the fisheries in Gabonese waters 

Gabon undertakes to authorise Community vessels to engage in fishing activities in 
its  fishing  zone  in  accordance  with  this  Agreement,  including  the  Protocol  and 
Annex thereto. 

The  fishing  activities  governed  by  this  Agreement  shall  be  subject  to  the  laws  and 
regulations in force in Gabon. The Gabonese authorities shall notify the Commission 
of any amendments to that legislation  

Gabon shall take all the appropriate steps required for the effective application of the 
fisheries  monitoring  provisions  in  the  Protocol.  Community  vessels  shall  cooperate 
with the Gabonese authorities responsible for carrying out such monitoring. 

The Community undertakes to take all the appropriate steps required to ensure that 
its vessels comply with this Agreement and the legislation governing fisheries in the 
waters over which Gabon has jurisdiction. 

Article 6 – Licences 

Community  vessels  may  fish  in  the  Gabonese  fishing  zone  only  if  they  are  in 
possession of a fishing licence issued under this Agreement and the Protocol hereto. 

The procedure for obtaining a fishing licence for a vessel, the taxes applicable and 
the method of payment to be used by shipowners shall be as set out in the Annex to 
the Protocol. 

Article 7 – Financial contribution 

The  Community  shall  grant  Gabon  a  financial  contribution  in  accordance  with  the 
terms and conditions laid down in the Protocol and Annexes. This single contribution 
shall be based on two elements, namely: 

(a) 

access by Community vessels to Gabonese waters and fisheries resources, and 

(b) 

the  Community's  financial  support  for  promoting  responsible  fishing  and  the 
sustainable exploitation of fisheries resources in Gabonese waters. 

The element of the financial contribution referred to in paragraph 1(a) above shall be 
determined  in  the  light  of  objectives  identified  by  common  accord  between  the 
Parties in accordance with the Protocol, to be achieved in the context of the sectoral 
fisheries  policy  drawn  up  by  the  Gabonese  Government  and  an  annual  and 
multiannual programme for its implementation. 

The  financial  contribution  granted  by  the  Community  shall  be  paid  each  year  in 
accordance with the Protocol and subject to this Agreement and the Protocol in the 
event of any change to the amount of the contribution as a result of: 

(a) 

unusual circumstances; 

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(b) 

(c) 

(d) 

a reduction in the fishing opportunities granted to Community vessels, made by 
mutual  agreement  for  the  purposes  of  managing  the  stocks  concerned,  where 
this is considered necessary for the conservation and sustainable exploitation of 
resources on the basis of the best available scientific advice; 

an increase in the fishing opportunities granted to Community vessels, made by 
mutual  agreement  between  the  Parties,  where  the  best  available  scientific 
advice concurs that the state of resources so permits; 

a  reassessment  of  the  terms  of  financial  support  for  implementing  a  sectoral 
fisheries policy in Gabon, where this is warranted by the results of the annual 
and multiannual programming observed by both Parties; 

(e) 

termination of this Agreement under Article 12. 

(f) 

suspension of the application of this Agreement under Article 13. 

Article 8 – Promoting cooperation 
among economic operators and in civil society 

The  Parties  shall  encourage  economic,  scientific  and  technical  cooperation  in  the 
fisheries  sector  and  related  sectors.  They  shall  consult  one  another  with  a  view  to 
coordinating the different measures that might be taken to this end. 

The  Parties  undertake  to  promote  exchanges  of  information  on  fishing  techniques 
and gear, preservation methods and the industrial processing of fisheries products. 

The  Parties  shall  endeavour  to  create  conditions  favourable  to  the  promotion  of 
relations  between  their  enterprises  in  the  technical,  economic  and  commercial 
spheres,  by  encouraging  the  establishment  of  an  environment  favourable  to  the 
development of business and investment.  

The Parties shall encourage, in particular, the setting-up of joint enterprises in their 
mutual  interest  which  shall  systematically  comply  with  Gabonese  and  Community 
legislation. 

Article 9 – Joint Committee 

A Joint Committee shall be set up to monitor the application of this Agreement. The 
Joint Committee shall perform the following functions: 

(a)  monitoring  the  performance,  interpretation  and  application  of  this  Agreement 
and,  in  particular,  the  definition  of  the  annual  and  multiannual  programming 
referred to in Article 7(2) and evaluation of its implementation;  

(b)  providing  the  necessary  liaison  for  matters  of  mutual  interest  relating  to 

fisheries;  

(c) 

acting  as  a  forum  for  the  amicable  settlement  of  any  disputes  regarding  the 
interpretation or application of the Agreement;  

1. 

2. 

3. 

4. 

1. 

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(d) 

reassessing,  where  necessary, 
consequently, of the financial contribution; 

the 

level  of  fishing  opportunities  and, 

(e) 

any other function which the Parties decide on by mutual agreement. 

2. 

The Joint Committee shall meet at least once a year, alternately in Gabon and in the 
Community,  and  shall  be  chaired  by  the  Party  hosting  the  meeting.  It  shall  hold  a 
special meeting at the request of either of the Parties. 

Article 10 – Geographical area to which the Agreement applies 

This  Agreement  shall  apply,  on  the  one  hand,  to  the  territories  in  which  the  Treaty 
establishing the European Community applies, under the conditions laid down in that Treaty, 
and, on the other, to the territory of Gabon. 

Article 11 – Duration 

This Agreement shall apply for six years from the date of its entry into force; it shall be tacitly 
renewed  for  additional  periods  of  six  years,  unless  notice  of  termination  is  given  in 
accordance with Article 13. 

Article 12 – Suspension 

1. 

2. 

1. 

2. 

3. 

4. 

Application  of  this  Agreement  may  be  suspended  at  the  initiative  of  one  of  the 
Parties in the event of a serious disagreement as to the application of provisions laid 
down in the Agreement. Suspension of application of the Agreement 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. On receipt of this notification, the Parties 
shall enter into consultations with a view to resolving their differences amicably. 

Payment  of  the  financial  contribution  referred  to  in  Article  7  shall  be  reduced 
proportionately and pro rata temporis, according to the duration of the suspension. 

Article 13 – Termination 

This  Agreement  may  be  terminated  by  either  Party  in  the  event  of  unusual 
circumstances  such  as  the  degradation  of  the  stocks  concerned,  the  discovery  of  a 
reduced  level  of  exploitation  of  the  fishing  opportunities  granted  to  Community 
vessels,  or  failure  to  comply  with  undertakings  made  by  the  Parties  with  regard  to 
combating illegal, unreported and unregulated fishing. 

The  Party  concerned  shall  notify  the  other  Party  in  writing  of  its  intention  to 
withdraw  from  the  Agreement  at  least  six  months  before  the  date  of  expiry  of  the 
initial period or each additional period.  

Dispatch  of  the  notification  referred  to  in  the  previous  paragraph  shall  open 
consultations by the Parties. 

Payment of the financial contribution referred to in Article 7 for the year in which the 
termination takes effect shall be reduced proportionately and pro rata temporis. 

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Article 14 – Protocol and Annex 

The Protocol and the Annex shall form an integral part of this Agreement. 

Article 15 
National law 

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

Article 16 – Repeal 

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. 

However, the Protocol setting out for the period from 3 December 2005 to 2 December 2011 
the  fishing  opportunities  and  financial  contribution  provided  for  in  the  Fisheries  Agreement 
between  the  European  Community  and  the  Gabonese  Republic  on  fishing  off  the  coast  of 
Gabon  shall  remain  in  force  during  the  period  referred  to  in  Article  1(1)  thereof  and  shall 
become an integral part of the present Agreement. 

Article 17 – Entry into force 

This  Agreement,  drawn  up  in  duplicate  in  the  Czech,  Estonian,  Danish,  Dutch,  English, 
Finnish,  French,  German,  Greek,  Hungarian,  Italian,  Latvian,  Lithuanian,  Maltese,  Polish, 
Portuguese,  Slovak,  Slovenian,  Spanish  and  Swedish  languages,  each  of  these  texts  being 
equally authentic, shall enter into force on the date on which the Parties notify each other in 
writing that they have completed the necessary internal procedures to that end. 

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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 on responsible fishing at subregional 
level 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  tonnes  (i.e.  22 000  tonnes),  the 
amount due for the quantity exceeding that limit shall be paid the following year. 

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2. 

3. 

1. 

2. 

1. 

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

The 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  be 
increased in consequence. 

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. 

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2. 

3. 

1. 

2. 

3. 

4. 

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. 

Article 7 
Promotion of responsible fishing in Gabonese waters 

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 

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5. 

1. 

2. 

3. 

4. 

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. 

Article 8 
Disputes – suspension of application of the Protocol 

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. 

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(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. 

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

ANNEX 

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 

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responsible  for  verifying  catch  data  in  the  Member  States,  such  as  the  Institut  de 
Recherche  pour  le  Développement  (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. 

6. 

7. 

8. 

CHAPTER II – FISHING ZONES 

1. 

Community  vessels  may  carry  out  fishing  activities  in  waters  beyond  12  nautical 
miles from the base lines in the case of tuna seiners and surface longliners. 

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 

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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 

2.2 

2.3 

3. 

During an annual period of validity of the licence within the meaning of point 1 of 
Section 2 of Chapter I of this Annex, declarations shall include the catches made by 
the vessel during each trip. The original of the declarations shall be transmitted on a 
physical  medium  to  the  Ministry  responsible  for  fisheries  in  Gabon  within  45  days 
following the end of the last trip made during the period. Copies shall be sent at the 
same time by electronic means or by fax to the flag Member State and the Ministry 
responsible for fisheries in Gabon.  

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: 

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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: 

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  elimination  of 
discrimination in respect of employment and occupation. 

to  collective  bargaining,  and 

the  right 

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

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. 

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CHAPTER VII – OBSERVERS 

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.  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. 

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. 

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: 

1. 

1.1 

1.2 

1.3 

2. 

3. 

4. 

5. 

6. 

7. 

8. 

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8.1 

8.2 

8.3 

8.4 

8.5 

8.6 

8.7 

9. 

10. 

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; 

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

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. 

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. 

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CHAPTER VIII – MONITORING 

1. 

2. 

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

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

3. 

Entering and leaving the zone 

3.1 

3.2 

3.3 

3.4 

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.  

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). 

EN 

25 

   EN 

 
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 

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. 

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. 

EN 

26 

   EN 

 
9.4. 

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

9.5. 

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

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

–  when the bank security referred to in point 9.3 has been lodged and accepted by 
the competent Gabonese authorities, pending completion of the legal proceedings. 

10. 

Transhipment 

10.1 

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

10.2. 

The owners of such vessels must notify the following information to the competent 
Gabonese authorities at least 24 hours in advance: 

–  the names of the transhipping fishing vessels, 

–  the names of the cargo vessels, 

–  the tonnage by species to be transhipped, 

–  the day of transhipment; 

10.3. 

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

10.4.  Any transhipment of catches not covered above shall be prohibited in the Gabonese 
fishing  zone.  Any  person  infringing  this  provision  shall  be  liable  to  the  penalties 
provided for by Gabonese law. 

11. 

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

EN 

27 

   EN 

 
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 

EN 

28 

   EN 

 
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: ................................................................................................................. 

EN 

29 

   EN 

 
 
 
23. 

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

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: ............................................................... 

EN 

30 

   EN 

 
Appendix 2 

ICCAT LOGBOOK FOR TUNA FISHERY 

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

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

Month  Day 

Year 

Port 

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

Capacity – (MT): 
………………………………………………………………........ 

Vessel DEPARTED: 

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

Skipper: ……………………………………………………….... 

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

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

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

Vessel 
RETURNED: 

(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 

Catches 

Bait used 

Yellowfin tuna 

(Bigeye tuna) 

(Albacore) 

(Swordfish) 

Thunnus 

Thunnus 

Thunnus 

Xiphias 

albacares 

obesus 

alalunga 

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) 

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. 

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. 

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. 

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

EN 

31 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Appendix 3 

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

1. 

2. 

3. 

4. 

5. 

6. 

7. 

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. 

the  purposes  of 

For 
the  Gabonese  authorities  shall 
communicate  to  the  Community  party  the  latitude  and  longitude  coordinates  of  the 
Gabonese EEZ. 

the  satellite 

tracking, 

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 the table below. 

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

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

8. 

The Control Centres of the flag States shall monitor the movements of their vessels 
in  Gabonese  waters.  If  the  vessels  are  not  being  monitored  in  accordance  with  the 
conditions laid down, the Gabonese FMC shall be informed by the FMC of the flag 

EN 

32 

   EN 

 
9. 

10. 

11. 

12. 

13. 

State  as  soon  as  this  is  discovered  and  the  procedure  laid  down  in  point  7  shall  be 
applicable. 

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. 

EN 

33 

   EN 

 
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. 

EN 

34 

   EN 

 
 
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. 

EN 

35 

   EN 

 
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: 

EN 

36 

   EN 

 
LEGISLATIVE FINANCIAL STATEMENT 

1. 

TITLE OF THE PROPOSAL: 

Proposal  for  a  Council  Regulation  on  the  conclusion  of  the  Fisheries  Partnership 
Agreement  between  the  European  Community  and  the  Gabonese  Republic,  during 
the period of six years from the entry into force of the Agreement. 

2. 

ABM / ABB FRAMEWORK 

11. Fisheries 

1103. International Fisheries Agreements 

3. 

BUDGET LINES 

3.1. 

Budget lines: 

110301 : International Fisheries Agreements 

11010404 : International Fisheries Agreements: administrative costs 

3.2 

Duration of the action and of the financial impact: 

The Protocol to the Fisheries Agreement between the European Community and the 
Gabonese Republic expired on 2 December  2005. The new Protocol will be  valid 
for six years commencing on 3 December 2005. 

The  Protocol  lays  down  the  financial  contribution,  the  categories  of  and  conditions 
for fishing activities for Community vessels in Gabonese fishing zones. 

3.3 

Budgetary characteristics (add rows if necessary): 

Budget 
line 

Type of expenditure 

New 

EFTA 
contribution 

Contribution 
from 
applicant 
countries 

Heading 
Financial 
Perspective 

11.0301 

Comp. 

Diff.2 

NO 

NO 

NO 

No 4 

11.010404 

Comp. 

Non-diff.3 

NO 

NO 

NO 

No 4 

2 
3 

Differentiated appropriations. 
Non-differentiated appropriations. 

EN 

37 

   EN 

 
 
 
 
                                                 
4. 

SUMMARY OF RESOURCES 

4.1 

Financial Resources 

4.1.1 

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

Type of 
expenditure 

Secti
on 
No 

Operational 
 expenditure4 

Commitment 
approp 
riations (CA) 

8.1 

Payment 
approp 
riations (PA) 

(EUR million to four decimal places) 

Year n 

n +1 

n + 2 

n +3 

n +4 

n +5 

Total 

a min 

0.86 

0.86 

0.86 

0.86 

0.86 

0.86 

5.16 

a max 

1.43 

1.43 

1.43 

1.43 

1.43 

1.43 

8.58 

b min 

0.86 

0.86 

0.86 

0.86 

0.86 

0.86 

5.16 

b max 

1.43 

1.43 

1.43 

1.43 

1.43 

1.43 

8.58 

Administrative expenditure included in reference amount5 

Technical & 
administrativ
e assistance 
(Non-diff.) 

8.2.4 

(c) 

0.04 

0.04 

TTOOTTAALL  RREEFFEERREENNCCEE  
  AAMMOOUUNNTT 

Commitment 
approp 
riations 

Payment 
approp 
riations 

a+c 
min 

a+c 
max 

b+c 
min 

b+c 
max 

0.86 

0.86 

0.86 

0.86 

0.86 

0.9 

5.2 

1.43 

1.43 

1.43 

1.43 

1.43 

1.47 

8.62 

0.86 

0.86 

0.86 

0.86 

0.86 

0.9 

5.2 

1.43 

1.43 

1.43 

1.43 

1.43 

1.47 

8.62 

4 
5 

Expenditure that does not fall within Chapter 11 01 of the Title 11 concerned. 
Expenditure within Article 11 01 04 of Title 11. 

EN 

38 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
  
  
  
  
 
 
 
                                                 
Administrative expenditure not included in reference amount6 

Human 
resources and 
associated 
expenditure 
(Non-diff.) 

Administrative 
costs other than 
human resources 
and associated 
expenditure, not 
included in 
reference amount 
(Non-diff.) 

8.2.5 

(d) 

0.0594 

0.0594 

0.0594 

0.0594 

0.0594 

0.0594 

0.3564 

8.2.6 

(e) 

0.0215 

0.0215 

0.0215 

0.0215 

0.0215 

0.0215 

0.129 

Total indicative cost of action 

TOTAL CA 

0.9409 

0.9409 

0.9409 

0.9409 

0.9409 

0.9809 

5.6854 

including cost of human 
resources 

TOTAL PA  

including cost of human 
resources 

1.5109 

1.5109 

1.5109 

1.5109 

1.5109 

1.5509 

9.1054 

0.9409 

0.9409 

0.9409 

0.9409 

0.9409 

0.9809 

5.6854 

1.5109 

1.5109 

1.5109 

1.5109 

1.5109 

1.5509 

9.1054 

Part-financing details: no part-financing 

Part-financing body 

  Year n

n + 1 

n + 2 

n + 3 

n + 4 

n + 5 

Total 

(EUR million to three decimal places) 

F 

TOTAL CA with part-
financing 

a+c+d+
e+f 

4.1.2  Compatibility with financial programming 

X 

Proposal 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 
Agreement7 (i.e. flexibility instrument or revision of the financial perspective). 

6 
7 

Expenditure within Chapter 11 01 other than Articles 11 01 04. 
See points 19 and 24 of the Interinstitutional Agreement. 

EN 

39 

   EN 

 
 
 
                                                 
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. 

Budget line 

Revenue 

Prior to 
action 
[Year n-
1] 

[Year 
n] 

(EUR million to one decimal place) 

Situation following action 

[n+1] 

[n+2] 

[n+3] 

a) Revenue in absolute 
terms 

b) Change in revenue 

 Δ 

(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.) 

4.2. 

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

Annual requirements 

Year n 

Year n+1  Year n+2  Year n+3  Year n+4  Year n+5 

Total number of 
 human resources 

0.55 

0.55 

0.55 

0.55 

0.55 

0.55 

5. 

CHARACTERISTICS AND OBJECTIVES 

5.1 

Need to be met in the short or long term 

The previous Protocol to the Fisheries Agreement between the European Community 
and the Gabonese Republic expired on 2 December 2005. The new Protocol covers 
the period from 3 December 2005 to 2 December 2011. 

The  main  objective  of  the  new  Fisheries  Partnership  Agreement  (FPA)  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. The main elements of the new Protocol are: 

– 

Fishing  opportunities:  24  freezer  tuna  seiners  and  16  surface  longliners  (a 
reduction of 37.5% against the previous Protocol) allocated as follows (based 
on applications by the Member States and the historical rates of utilisation by 
Member State and by category), i.e.: 

EN 

40 

   EN 

 
 
 
 
 
– 

– 

tuna seiners: France: 12, Spain: 12 

surface longliners: Spain: 13, Portugal: 3 

Annual reference tonnage: 11 000 tonnes of tuna  

Annual financial contribution: EUR 860 000 

Advances  and  fees  payable  by  shipowners:  EUR 35  (compared  with  EUR 25 
previously)  per  tonne  of  tuna  caught  in  the  Gabonese  fishery  zone.  The 
advances are fixed  at EUR 4 550 per  year per tuna seiner and EUR 2 030 per 
year per surface longliner (+75% and +84% respectively). 

– 

– 

– 

5.2 

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

Regarding  this  new  FPA,  if  the  Community  does  not  act,  then  private  agreements 
will  spring  up  which  would  not  guarantee  sustainable  fisheries.  The  Community 
therefore  hopes  that,  thanks  to  this  FPA,  the  Gabonese  Republic  will  cooperate 
effectively  with  the  Community  in  regional  bodies  such  as  the  International 
Commission  for  the  Conservation  of  Atlantic  Tunas  (ICCAT),  in  the  fight  against 
illegal fishing and for the proper management of stocks of highly migratory species. 

5.3. 

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

The negotiation and conclusion 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 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 Gabon, including 
the contribution to employment, development of infrastructure and support for 
the State budget; 
number of technical meetings and meetings of the Joint Committee. 

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41 

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5.4 

Method of implementation (indicative) 

Indicate below the method(s)8 of implementation chosen. 

X 

Centralised Management 

X  Directly by the Commission 

(cid:133) 

indirectly 

Shared or decentralised management 

Joint management with international organisations (please specify) 

(cid:133) 

(cid:133) 

6. 

MONITORING AND EVALUATION 

6.1 

Monitoring system 

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

6.2 

Assessment 

A thorough evaluation was carried out on the Protocol currently in force, ending in 
June  2005,  with  the  assistance  of  a  consortium  of  independent  consultants,  with  a 
view to the possible launch of negotiations on a new Protocol.  

6.2.1 

Ex-ante evaluation 

Here is some background information on the value of the previous Protocol (2002-
05) drawn from the study of June 2005 (see point 6.2). 

Use of the EC/Gabon Fisheries Agreement (number of vessels): 

Type of vessel 

Fishing 
opportunities 
offered 

Tuna seiners 

38 vessels 

Surface longliners 

26 vessels 

Demersal fishing 

1200 
grt/month 

Use 2002/03  Use 2003/04 

Use 2004/059 

79 % 

50 % 

0 

71 % 

35 % 

0 

56 % 

43 % 

0 

Average 
use 

69 % 

43 % 

0 

In  the  period  2001-05,  catches  varied  between  4 400  and  11 700  tonnes  per  year, 
against  a  reference  tonnage  of  10 500  tonnes.  The  Agreement  clearly  remains 

8 
9 

If more than one method is indicated, please give details in the "Comments" section under this point. 
Licences already issued at 3 December 2004 for the period from 3 December 2004 to 2 December 2005. 

EN 

42 

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advantageous in that the catch value far exceeds the cost of the Protocol. The average 
commercial value of the tuna is EUR 800 – EUR 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. 

- Added value of Community involvement:  

The  existence  of  a  Community  Agreement,  which  imposes  a  binding  regulatory 
framework on both parties, guarantees the sound management of fish stocks, which 
is not always the case with private agreements. The Fisheries Agreement also creates 
jobs  for  seamen  from  the  European  Community  and  the  third  country.  In  addition, 
this Protocol provides for a financial incentive for landing in Gabonese ports with a 
view  to  galvanising  the  fish-processing  structures  in  Gabon.  The  Fisheries 
Agreement guarantees a substantial share of resources to the sectoral fisheries policy 
in Gabon.  

- Risks and alternative options: 

There  is  some  risk  in  setting  up  a  fisheries  protocol,  for  example:  the  amounts 
intended  to  finance  the  sectoral  fisheries  policy  and  shipowners'  fees  might  not  be 
allocated as agreed (fraud), foreign fleets might ignore licences and other controls. In 
order  to  avoid  these  risks,  it  would  be  desirable  to  enhance  checks  on  revenue  and 
expenditure,  improve  maritime  control  activities,  strengthen  satellite  monitoring 
(VMS), 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  financial  contribution  granted  by  the  Community  under  this  new  Fisheries 
Partnership  Agreement  is  a  single  allocation  established  on  the  basis  of  an  annual 
financial envelope of EUR 860 000 for the 2005-11 Protocol. 

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

similar experiences in the past) 

The failure to use the category of demersal fishing, due to the fact that Community 
vessels  preferred  to  take  out  private  fishing  licences  rather  than  licences  under  the 
previous Protocol, has led the Community to remove this demersal fishing category 
from  the  new  FPA  and  to  add  the  exclusivity  clause  for  licences  in  the  Gabonese 
EEZ. 

EN 

43 

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The new Agreement no longer contains targeted measures, but does contain overall 
financial  support  for  implementing  initiatives  taken  in  the  context  of  the  sectoral 
fisheries  policy  drawn  up  by  the  Government  of  Gabon.  The  Community  and  the 
Government  of  Gabon  must  agree  on  a  multiannual sectoral programme relating to 
this financial support (60% of the total financial contribution). 

6.2.4 

Terms and frequency of future evaluation 

Following on from the study finalised in June 2005 (see point 6.2), 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 ex-post evaluation. 

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. 

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 into 
which the financial contribution is paid. 

EN 

44 

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8. 

8.1 

DETAILS OF RESOURCES 

Objectives of the proposal in terms of their financial cost 

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

Type of 
output 

Year n 

Year n+1 

Year n+2 

Year n+3 

Year n+4 

Year n+5 

Total 

Number 
of outputs 

 cost  Number  of 

outputs 

Total 
cost 

Number  of 
outputs 

Total 
cost 

Number  of 
outputs 

Total 
cost 

Number of 
outputs 

Total 
cost 

Number 
of outputs

Total 
cost 

Number 
of outputs 

Total 
cost 

Commitments (in EUR million to four decimal places) 

OPERATIONAL 
OBJECTIVE  No  1: 
fishing 
To  obtain 
in 
opportunities 
exchange 
a 
financial 
contribution10 

for 

Action 1 

- Output 1 

Vessels/licen
ces 
Quota 

40 
licences 
11 000 t 

0.86 

40 
licences 
11 000 t 

0.86 

40 
licences 
11 000 t 

0.86 

40 
licences 
11 000 t 

0.86 

40 
licences 

11 000 t

0.86 

Theoretical 
maximum 

22 000 t 

1.43 

22 000 t 

1.43 

22 000 t 

1.43 

22 000 t 

1.43 

22 000 t

1.43 

40  

licences 
11 000 t 
22 000 t 

240  

licences 
66 000 t 
22 000 t 

0.86 

1.43 

5.16 

8.58 

OPERATIONAL 
OBJECTIVE 

Action 2 

- Output 1  

TOTAL COST 

Min 

Max 

10 

As described in point 5.3. 

EN 

0.86 

1.43 

0.86 

1.43 

0.86 

1.43 

0.86 

1.43 

0.86 

1.43 

0.86 

1.43 

5.16 

8.58 

45 

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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/FTE) 

Year n 

Year n+1 

Year n+2  Year n+3 

Officials or 
temporary 
staff11 (11 
01 01) 

A*/AD 

B*, 
C*/AST 

0.25 

0.3 

0.25 

0.3 

0.25 

0.3 

0.25 

0.3 

Year 
n+4 

0.25 

Year 
n+5 

0.25 

0.3 

0.3 

Staff financed12 by Art. 
11 01 02 

Other  staff  financed13 
by Art. 11 01 04 04 

TOTAL 

0.55 

0.55 

0.55 

0.55 

0.55 

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; 

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

11 
12 
13 

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 in the reference amount. 

EN 

46 

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– 

– 

– 

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 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) 

(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 2006 

Posts to be requested in the next APS/PDB procedure 

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

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

EN 

47 

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8.2.4  Other administrative expenditure included in reference amount 

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

Budget line 11010404 

Year n 

Year 
n+1 

Year 
n+2 

Year 
n+3 

Year 
n+4 

Year 
n+5 

TOTAL

(Number and heading) 

(EUR million to three decimal places) 

Technical 

1. 
administrative 
(including 
costs) 

related 

and 
assistance 
staff 

Executive Agencies14 

Other 
administrative assistance: 

technical 

and 

- intra-muros 

- extra muros (1) 

Total 
administrative assistance 

technical 

and 

0.04 

0.04 

0.04 

0.04 

(1) Ex-post evaluation of the current Protocol and ex-ante evaluation of the future Protocol.  

8.2.5 

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

Type of human resources 

Year n 

Year 
n+1 

Year 
n+2 

Year 
n+3 

Year 
n+4 

Year 
n+5 

TOTAL

(EUR million to four decimal places) 

Officials  and  temporary  staff 
(11 01 01) 

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

(specify budget line) 

Total cost of human 
resources and associated 
costs (NOT included in the 
reference amount) 

0.0594 

0.0594 

0.0594 

0.0594 

0.0594 

0.0594 

0.3564 

0.0594 

0.0594 

0.0594 

0.0594 

0.0594 

0.0594 

0.3564 

Calculation – Officials and contract staff 

Reference should be made to Point 8.2.1, if applicable 

14 

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

EN 

48 

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- 

1A = EUR 108 000*0.25 = EUR 27 000 

1B = EUR 108 000*0.15 = EUR 16 200 

1C = EUR 108 000*0.15 = EUR 16 200 

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

Total: EUR 59 400 per year (EUR 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 

(EUR million to three decimal places) 

Year n  Year n+1

Year 
n+2 

Year 
n+3 

Year 
n+4 

Year 
n+5 

TOTAL

11 01 02 11 01 – Missions 

0.020 

0.020 

0.020 

0.020 

0.020 

0.020 

0.12 

11 01 02 11 02 – Meetings and 
conferences 

XX 
02 
01 
Committees15 

11 

03 

– 

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) 

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

resources 
costs 
in 

0.0015 

0.0015 

0.0015 

0.0015 

0.0015 

0.0015 

0.009 

0.0215 

0.0215 

0.0215 

0.0215 

0.0215 

0.0215 

0.129 

15 

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

EN 

49 

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