Proposal for a Council Regulation on the conclusion of a Fisheries Partnership Agreement between the Democratic Republic of São Tomé and Príncipe and the European Community
Date: 2007-03-07
Institutions: European Commission
Subjects: São Tomé and Príncipe, common fisheries policy, fishing agreement, ratification of an agreement

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 7.3.2007 
COM(2007) 85 final 

2007/0034 (CNS) 

Proposal for a 

COUNCIL REGULATION 

on the conclusion of a Fisheries Partnership Agreement between the Democratic 
Republic of São Tomé and Príncipe and the European Community 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

The  Community  and  the  Democratic  Republic  of  São  Tomé  and  Príncipe  negotiated  and 
initialled,  on  25  June  2006,  a  Fisheries  Partnership  Agreement  which  provides  Community 
fishermen  with  fishing  opportunities  in  São  Tomé  and  Príncipe’s  fishing  zone.  This 
Partnership Agreement, accompanied by a Protocol and the Annex thereto, was signed for a 
period of four 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  Economic 
Community  and the  Government of  the Democratic  Republic  of  São  Tomé  and  Príncipe  on 
fishing off the coast of São Tomé and Príncipe which entered into force in 1984. 

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 
four years from 1 June 2006. 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  will  apply  with  effect 
from 1 June 2006. 

The main objective of the new Partnership Agreement is to  strengthen cooperation between 
the  European  Community  and  the  Democratic  Republic  of  São  Tomé  and  Príncipe,  thereby 
creating a partnership framework within which to develop a sustainable fisheries policy and 
sound  exploitation  of  fisheries  resources  in  São  Tomé  and  Príncipe’s  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  national  fisheries 
policy in São Tomé and Príncipe 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 663  000  per  year.  Of  this  financial  contribution, 
50% will provide annual financial support for defining and implementing a sectoral fisheries 
policy  in  São  Tomé  and  Príncipe,  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”:  25  vessels;  (2)  for  the 
fishing category “surface longliners”: 18 vessels. 

Shipowners’  fees  have  been  fixed  for  each  category  and,  overall,  could  create  an  additional 
annual income of around EUR 165 900 for São Tomé and Príncipe. 

The  Commission  proposes  on  this  basis  that  the  Council  adopt  the  conclusion  of  this  new 
Fisheries Partnership Agreement between the Democratic Republic of São Tomé and Príncipe 
and the European Community by Regulation. 

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2007/0034 (CNS) 

Proposal for a 

COUNCIL REGULATION 

on the conclusion of a Fisheries Partnership Agreement between the Democratic 
Republic of São Tomé and Príncipe and the European Community 

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  Democratic  Republic  of  São  Tomé  and  Príncipe  have 
negotiated  and  initialled  a  Fisheries  Partnership  Agreement  providing  Community 
fishermen  with  fishing  opportunities  in  the  waters  falling  within  the  sovereignty  or 
jurisdiction of the Democratic Republic of São Tomé and Príncipe. 

(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 Democratic 
Republic of São Tomé and Príncipe is hereby approved on behalf of the Community. 

The text of the Agreement is attached to this Regulation.  

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Article 2 

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

Fishing category 

Type of vessel 

Member State 

Licences or quota 

Tuna fishing 

Freezer tuna seiners 

Tuna fishing 

Surface longliners 

Spain 

France 

Spain 

Portugal 

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12 

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5 

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  São  Tomé  and  Príncipe’s  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 2847/931. 

The President of the Council is hereby authorised to designate the persons empowered to sign 
the Agreement in order to bind the Community. 

Article 4 

Article 5 

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 Democratic Republic of São Tomé and Príncipe and the European 
Community  

THE DEMOCRATIC REPUBLIC OF SÃO TOMÉ AND PRÍNCIPE, hereinafter referred to 
as “São Tomé and Príncipe”, 

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 São Tomé and 
Príncipe,  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  São  Tomé  and  Príncipe  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  São  Toméan  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: 

This Agreement establishes the principles, rules and procedures governing: 

Article 1 – Scope 

- 

- 

- 

- 

economic, financial, technical and scientific cooperation in the fisheries sector with a 
view to promoting responsible fishing in São Tomé and Príncipe’s fishing zones to 
guarantee  the  conservation  and  sustainable  exploitation  of  fisheries  resources  and 
develop São Tomé and Príncipe’s fisheries sector; 

the  conditions  governing  access  by  Community  fishing  vessels  to  São  Tomé  and 
Príncipe’s fishing zones; 

cooperation  on  the  arrangements  for  policing  fisheries  in  São  Tomé  and  Príncipe’s 
fishing  zones  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. 

For the purposes of this Agreement: 

Article 2 – Definitions 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

“São Toméan authorities” means the Government of São Tomé and Príncipe;  

“Community authorities” means the European Commission;  

“São  Tomé  and  Príncipe’s  fishing  zone”  means  the  waters  over  which,  as  regards 
fisheries, São Tomé and Príncipe 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 São Tomé and Príncipe, as specified in Article 9 of this Agreement; 

“transhipment” means the transfer in or off the port of some or all of the catch from 
one fishing vessel to another vessel; 

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(h) 

(i) 

(j) 

1. 

2. 

3. 

4. 

5. 

1. 

2. 

“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 São Toméan waters; 

“ACP seamen” means any seamen who are nationals of a non-European signatory to 
the Cotonou Agreement. To this end, a São Toméan seaman is an ACP seaman; 

“by-catches” means any quantity of species not listed in Annex 1 to the 1982 United 
Nations Convention caught. 

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

The  Parties  hereby  undertake  to  promote  responsible  fishing  in  São  Tomé  and 
Príncipe’s fishing zones 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 São Tomé and Príncipe 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 ACP seamen on board Community vessels shall be 
the  International  Labour  Organisation  (ILO)  Declaration  on 
governed  by 
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  São  Tomé  and 
Príncipe  shall  endeavour  to  monitor  the  evolution  of  resources  in  São  Tomé  and 
Príncipe’s 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 

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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. 

Article 5 – Access by Community vessels 
to fisheries in São Toméan waters 

São  Tomé  and  Príncipe  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  São  Tomé  and  Príncipe.  The  São  Toméan  authorities  shall 
notify the Commission of any amendments to that legislation. 

São Tomé and Príncipe 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  São  Toméan  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 São Tomé and Príncipe has jurisdiction. 

Article 6 – Licences 

Community  vessels  may fish  in São Tomé and Príncipe’s fishing zone only if they 
are in possession of a valid fishing licence issued by São Tomé and Príncipe 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  São  Tomé  and  Príncipe  a  financial  contribution  in 
accordance with the terms and conditions laid down in the Protocol and Annex. This 
single contribution shall be based on two elements, namely: 

3. 

1. 

2. 

3. 

4. 

1. 

2. 

1. 

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(a) 

(b) 

access  by  Community  vessels  to  São  Toméan  waters  and  fisheries  resources, 
and 

the  Community’s  financial  support  for  promoting  responsible  fishing  and  the 
sustainable exploitation of fisheries resources in São Toméan waters. 

The element of the financial contribution referred to in paragraph 1(b) 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  Government  of  São  Tomé  and  Príncipe  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; 

(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  São  Tomé  and  Príncipe,  where  this  is  warranted  by  the 
results of the annual and multiannual programming observed by both Parties; 

(e) 

termination of this Agreement under Article 13; 

(f) 

suspension of the application of this Agreement under Article 12. 

Article 8 – Promoting cooperation among 
economic operators and 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.  

2. 

3. 

1. 

2. 

3. 

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4. 

1. 

The Parties shall encourage, in particular, the setting-up of joint enterprises in their 
mutual interest which shall systematically comply with São Toméan 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, in particular statistical analysis of data on catches;  

(c) 

(d) 

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

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  São  Tomé  and 
Príncipe  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 São Tomé and Príncipe. 

Article 11 – Duration 

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

Article 12 – Suspension 

1. 

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. 

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2. 

1. 

2. 

3. 

4. 

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. 

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  São  Toméan  waters  shall  be  governed  by 
the  applicable  law  in  São  Tomé  and  Príncipe,  unless  otherwise  provided  in  the  Agreement, 
this Protocol and the Annex and Appendices hereto. 

Article 16 – Repeal 

On  the  date  of  its  entry  into  force,  this  Agreement  repeals  and  replaces  the  Agreement 
between the European Economic Community and the Democratic Republic of São Tomé and 
Príncipe  on  fishing  off  the  coast  of  São  Tomé  and  Príncipe  which  entered  into  force  on  25 
February 1984. 

However, the Protocol setting out for the period from 1 June 2006 to 31 May 2010 the fishing 
opportunities and financial contribution provided for in the Fisheries Agreement between the 
European Community and the Democratic Republic of São Tomé and Príncipe on fishing off 
the  coast  of  São  Tomé  and  Príncipe  shall  remain  in  force  during  the  period  referred  to  in 
Article 1(1) thereof and shall become an integral part of the present Agreement. 

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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 the financial contribution provided for 
by the Agreement between the European Community and the Democratic Republic of 
São Tomé and Príncipe on fishing off the coast of São Tomé and Príncipe for the period 
from 1 June 2006 to 31 May 2010 

Article 1 
Period of application and fishing opportunities 

1. 

For a period of four years from 1 June 2006, 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: 25 vessels; 

surface longliners: 18 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 
São Tomé and Príncipe’s fishing zone only if they are in possession of a valid fishing 
licence issued by São Tomé and Príncipe 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 552 500 equivalent 
to  a  reference  tonnage  of  8 500  tonnes  per  year  and  a  specific  amount  of 
EUR 110 500  per  year  for  the  support  and  implementation  of  São  Tomé  and 
Príncipe’s 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  total  amount  referred  to  in  paragraph  1,  i.e. 
EUR 663 000, each year during the period of application of this Protocol. 

If  the  overall  quantity  of  catches  by  Community  vessels  in  São  Toméan  waters 
exceeds  8  500  tonnes  per  year,  the  amount  of  the  financial  contribution 
(EUR 552 500)  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 equivalent to the reference tonnage (i.e. EUR 1 105 000). Where 
the quantities caught by Community vessels  exceed the  quantities corresponding to 

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5. 

6. 

7. 

1. 

2. 

3. 

4. 

1. 

twice  the  total  annual  amount  (17  000  tonnes),  the  amount  due  for  the  quantity 
exceeding that limit shall be paid the following year.  

Payment  of  the  financial  contribution  referred  to  in  paragraph  1  shall  be  made  no 
later than 15 May 2007 for the first year and no later than 31 July 2007, 2008 and 
2009 for the following years. 

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

The  financial  contribution  shall  be  paid  into  a  São  Tomé  and  Príncipe  Public 
Treasury  account  opened  with  a  financial  institution  specified  by  the  São  Toméan 
authorities. 

Article 3 
Cooperation on responsible fishing – Scientific cooperation 

The Parties hereby undertake to promote responsible fishing in São Toméan 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  São  Toméan 
authorities  shall  endeavour  to  monitor  the  evolution  of  resources  in  São  Tomé  and 
Príncipe’s fishing zone. 

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

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

Article 4 
Review of fishing opportunities by mutual agreement 

The  fishing  opportunities  referred  to  in  Article  1  may  be  increased  by  mutual 
agreement  provided  that  the  conclusions  of  the  scientific  meeting  referred  to  in 
Article  3(4)  confirm  that  such  an  increase  will  not  endanger  the  sustainable 
management  of  São  Tomé  and  Príncipe’s  resources.  In  this  case  the  share  of  the 
financial contribution of EUR 552 000 referred to in Article 2(1) shall be increased 
proportionately  and  pro  rata  temporis.  However,  the  total  amount  of  the  financial 

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contribution  paid  by  the  European  Community  in  respect  of  the  reference  tonnage 
shall  not  be  more  than  twice  the  amount  of  EUR 552  500.  Where  the  quantities 
caught annually by Community vessels are more than twice 8 500 tonnes (i.e. 17 000 
tonnes),  the  amount  due  for  the  quantity  exceeding  that  limit  shall  be  paid  the 
following year. 

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  São  Tomé  and  Príncipe  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.  

2. 

3. 

1. 

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

1. 

2. 

3. 

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

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

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

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1. 

2. 

3. 

4. 

Article 7 
Promotion of responsible fishing in São Toméan waters 

Out  of  the  total  amount  of  the  financial  contribution  (EUR 663  000)  fixed  in 
Article 2,  50%  (or  EUR  331  500)  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 Government of the São Tomé and Príncipe. 

São  Tomé  and  Príncipe  shall  manage  the  corresponding  amount  following  the 
identification by mutual agreement between the two Parties, in accordance with the 
current  priorities  of  São  Tomé  and  Príncipe’s  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 São Tomé and Príncipe and for the purposes of implementing the 
preceding paragraph, as soon as this Protocol enters into force and no later than three 
months  after  that  date,  the  Community  and  São  Tomé  and  Príncipe  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  São  Tomé  and  Príncipe  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. 

(d) 

any revision of the percentage of the total amount of the financial contribution 
referred to in paragraph 1 of this Article, applicable in the years following the 
first year of application of this Protocol. 

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,  São  Tomé  and  Príncipe  shall  allocate  the  share  corresponding  to  the 
percentage  referred to in  paragraph 1  with a view to implementing the multiannual 
programme. For the first year of application of the Protocol, that allocation must be 
notified to the Community at the time when the multiannual sectoral programme is 
approved  within  the  Joint  Committee.  For  each  year  of  application  of  the  Protocol 
thereafter,  São  Tomé  and  Príncipe  shall  notify  the  Community  of  the  allocation  no 
later than 1 May of the previous year. 

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5. 

1. 

2. 

3. 

4. 

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 6, 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 São Toméan 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 São Toméan authorities 
shall  be  entitled  to  suspend  application  of  the  Protocol.  They  shall  inform  the 
European Commission of such action forthwith. 

(c) 

Application of the Protocol shall resume as soon as the payment concerned has been 
made. 

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Article 10 
National law 

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

Article 11 
Repeal 

The Annex to the Agreement between the European Economic Community and the Republic 
of  São  Tomé  and  Príncipe  on  fishing  off  the  coast  of  São  Tomé  and  Príncipe  is  hereby 
repealed and replaced by the Annex to this Protocol. 

Article 12 
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. 

They will apply with effect from 1 June 2006. 

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ANNEX 

CONDITIONS GOVERNING FISHING ACTIVITIES BY COMMUNITY VESSELS IN SÃO TOMÉ AND 
PRÍNCIPE’S FISHING ZONE 

CHAPTER I - APPLICATION FOR AND ISSUE OF LICENCES 

Section 1 
Issue of licences 

1. 

2. 

3. 

4. 

Only eligible vessels may obtain a licence to fish in São Tomé and Príncipe’s fishing 
zone. 

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

The  relevant  Community  authorities  shall  submit  (by  electronic  means)  to  the 
Ministry responsible for fisheries in São Tomé and Príncipe an application for each 
vessel wishing to fish or assist in fishing activities 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.  The  São  Toméan 
authorities shall take all the necessary steps to ensure that the data received as part of 
the licence application are treated as confidential. This data will be used exclusively 
in the context of the implementation of the Fisheries Agreement. 

5. 

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  São  Toméan  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. 

6. 

7. 

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8. 

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 5 by the Ministry responsible for fisheries in São 
Tomé and Príncipe. 

9. 

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

10. 

11. 

12. 

13. 

1. 

2. 

3. 

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  São  Tomé  and  Príncipe  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 São Tomé and Príncipe. 
The  European  Commission  Delegation  to  Gabon  shall  be  informed  of  the  licence 
transfer. 

The licence must be held on board at all times. 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 draft shall be notified to the São Toméan authorities as soon as it is 
drawn  up,  and  then  each  time  it  is  updated.  On  receipt  of  this  draft  list  and  of 
notification  of  payment  of  the  advance  sent  to  the  São  Toméan  authorities  by  the 
Commission, the vessel shall be entered by the competent São Toméan authority on a 
list of vessels authorised to fish, which shall be notified to the authorities responsible 
for fisheries inspection. In this case, a certified copy of this list shall be sent to the 
shipowner and kept on board instead of the fishing licence until the licence has been 
issued. 

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 São Tomé and Príncipe’s 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: 

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- 

- 

EUR 5 250 per tuna seiner, equivalent to the fees due for 150 tonnes per year; 

EUR 1 925 per surface longliner, equivalent to the fees due for 55 tonnes per 
year; 

Member  States  shall  inform  the  European  Commission  not  later  than  15  June  each 
year  of  the  tonnages  caught  during  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 31 July of year n+1 at the latest on the basis of the catch declarations 
made  by  each  shipowner  and  confirmed  by  the  scientific  institutes  responsible  for 
verifying catch data in the Member States, such as the Institut de Recherche pour le 
Développement (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 São Tomé and Príncipe and to the shipowners. 

Any  additional  payments  (for  quantities  caught  in  excess  of  150  tonnes  for  tuna 
seiners  and  55 tonnes  for  longliners)  shall  be  made  by  the  shipowners  to  the 
competent  São  Toméan  national  authorities  by  31  August  of  year  n+1,  into  the 
account referred to in point 6 of Section 1 of this Chapter, on the basis of EUR 35 per 
tonne. 

However, if the amount of the final statement is lower than the advance referred to in 
point  3  of  this  Section,  the  resulting  balance  shall  not  be  reimbursable  to  the 
shipowner. 

CHAPTER II – FISHING ZONES 

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

Without exception, all fishing activity in the zone destined for joint exploitation by 
São  Tomé  and  Príncipe  and  Nigeria,  delimited  by  the  coordinates  set  out  in 
Appendix 3, shall be prohibited.  

CHAPTER III – CATCH REPORTING ARRANGEMENTS 

For the purposes of this Annex, the duration of a trip by a Community vessel in São 
Tomé and Príncipe’s fishing zone shall be defined as follows: 

4. 

5. 

6. 

7. 

8. 

1. 

2. 

1. 

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- 

- 

the  period  elapsing  between  entering  and  leaving  São  Tomé  and  Príncipe’s 
fishing zone, 

or the period elapsing between entering São Tomé and Príncipe’s fishing zone 
and a transhipment and/or a landing in São Tomé and Príncipe. 

2. 

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

2.1  During  an  annual  period  of  validity  of  the  licence  within  the  meaning  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 
São Tomé and Príncipe within 45 days following the end of the last trip made 
during the period.  

2.2  Vessels shall declare their catches on the corresponding form in the logbook, in 
accordance with the specimen in Appendix 2. The words “Outside São Tomé 
and  Príncipe’s  fishing  zone”  shall  be  entered  in  the  logbook  in  respect  of 
periods during which the vessel is not in São Tomé and Príncipe’s fishing zone. 

2.3  The forms shall be filled in legibly and signed by the skipper of the vessel or 

by his or her legal representative. 

At the request of one of the Parties, the Joint Committee may meet to compare the 
data on fishing activities. 

Where the provisions set out in this Chapter are not complied with, the Government 
of São Tomé and Príncipe 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 São Toméan legislation. The European Commission and 
the flag Member State shall be informed thereof. 

3. 

4. 

CHAPTER IV – LANDING 

The  Parties  shall  cooperate  with  a  view  to  improving  transhipment  options  in  or  off  São 
Toméan ports. 

1. 

Transhipment: 

Community tuna vessels which opt to tranship their catches in or off a São Toméan 
port  shall  benefit  from  a  reduction  of  EUR  5  per  tonne  fished  in  São  Tomé  and 
Príncipe’s fishing zone in the fee indicated in point 2 of Section 2 of Chapter 1 of the 
Annex. 

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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 transhipped shall be laid down at the first 
meeting of the Joint Committee. 

3. 

Evaluation: 

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

CHAPTER V – EMBARKING SEAMEN 

1. 

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

- 

- 

for the fleet of tuna seiners, at least 20%  of  the seamen signed on during the 
tuna-fishing  season  in  the  fishing  zone  of  third  countries  shall  be  of  ACP 
origin, 

for the fleet of surface longliners, at least 20% of the seamen signed on during 
the fishing season in the fishing zone of third countries shall be of ACP origin. 

Shipowners shall endeavour to sign on additional seamen of São Toméan 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  ACP  seamen  shall  be  drawn  up  between  the 
shipowners’  representative(s)  and  the  seamen  and/or  their  trade  unions  or 
representatives.  A  copy  of  these  contracts  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 ACP seamen shall be paid by the shipowners. They shall be fixed 
by mutual agreement among the shipowners or their representatives and the seamen 
and/or their trade unions or representatives. However, the wage conditions granted to 
ACP  seamen  shall  not  be  lower  than  those  applied  to  crews  from  their  respective 
countries 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. 

2. 

3. 

4. 

5. 

6. 

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7. 

1. 

2. 

3. 

However,  where  no  ACP  seamen  are  taken  on  board  for  reasons  other  than  that 
referred to in the previous point, Community shipowners shall be obliged to pay, for 
each day of the fishing trip in São Toméan waters, a flat-rate amount of USD 20 per 
day.  The  payment  of  this  amount  shall  take  place  within  the  limits  laid  down  in 
point 7 of Section 2 of Chapter I of this Annex. 

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. 

Tuna  seiners  shall  make  any  by-catches  available  to  the  São  Tomé  and  Príncipe 
Directorate for Fisheries, which will take charge of recovering and landing them. 

The  two  Parties  shall  agree  by  mutual  agreement  on  a  provision  ensuring  the 
effective  implementation  of  the  previous  point  or  on  an  alternative  solution  in  the 
first meeting of the Joint Committee referred to in Article 9 of the Agreement. The 
Joint Committee shall analyse all possible options to this end, including an obligation 
for the seiners concerned to pay an annual contribution equivalent to a share of the 
value  of  by-catches  to  a  São  Tomé  and  Príncipe  Directorate  for  Fisheries  fund  to 
support small-scale fishing.  

CHAPTER VII – OBSERVERS 

1. 

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

1.1  At  the  request  of  the  competent  authority,  Community  vessels  shall  take  on 
board an observer designated by the authority in order to check catches made 
in São Toméan waters.  

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

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

2. 

The  time  spent  on  board  by  observers  shall  be  one  fishing  trip.  However,  at  the 
express request of the competent São Toméan 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 authority when the name of the 
observer appointed to board the vessel in question is notified. 

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3. 

4. 

5. 

6. 

7. 

8. 

9. 

10 

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

Observers shall be taken on board at a port chosen by the shipowner at the beginning 
of the first voyage in São Toméan 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  ports  in  the  subregion  and  on  what  dates  they  intend  to  take 
observers on board. 

Where observers are taken on board in a country outside the subregion, 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  São  Toméan 
waters, they shall carry out the following tasks: 

8.1  observe the fishing activities of the vessels; 

8.2  verify the position of vessels engaged in fishing operations; 

8.3  perform biological sampling in the context of scientific programmes; 

8.4  note the fishing gear used; 

8.5  verify the catch data for São Toméan waters recorded in the logbook; 

8.6  verify  the  percentages  of  by-catches  and  estimate  the  quantity  of  discards  of 

species of marketable fish; 

8.7 

report by any appropriate means fishing data, including the quantity of catches 
and by-catches on board, to their competent authority. 

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. 

EN 

25 

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11. 

While on board, observers shall: 

12. 

13. 

14. 

15. 

1. 

2. 

11.1  take  all  appropriate  steps  to  ensure  that  the  conditions  of  their  boarding  and 

presence on the vessel neither interrupt nor hamper fishing operations, 

11.2  respect  the  material  and  equipment  on  board  and  the  confidentiality  of  all 

documents belonging to the vessel.  

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 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 
authorities. 

The  two  Parties  shall  consult  each  other,  and  interested  third  parties,  as  soon  as 
possible as regards the definition of a system of regional observers and the choice of 
the  competent  regional  fisheries  organisation.  Pending  the  implementation  of  a 
system of regional observers, vessels authorised to fish in São Tomé and Príncipe’s 
fishing zone under the Agreement shall take on board, instead of regional observers, 
observers  designated  by  the  competent  São  Toméan  authorities  in  accordance  with 
the rules set out above. 

CHAPTER VIII – MONITORING 

In accordance with point 13 of Section 1 of Chapter I of this Annex, 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  São  Toméan 
authorities  responsible  for  fisheries  inspection  as  soon  as  it  is  drawn  up  and  each 
time it is updated.  

On receipt of this draft list and of notification of payment of the advance (referred to 
in point 3 of Section 2 of Chapter I of this Annex) sent to the coastal state authorities 
by  the  European  Commission,  the  vessel  shall  be  entered  by  the  competent  São 
Toméan  authority  on  a  list  of  vessels  authorised  to  fish,  which  shall  be  sent  to  the 
authorities  responsible  for  fisheries  inspection.  In  this  case,  a  certified  copy  of  this 
list  shall  be  sent  to  the  shipowner  and  kept  on  board  instead  of  the  fishing  licence 
until the licence has been issued. 

EN 

26 

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3. 

Entering and leaving the zone 

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

3.2  When  notifying  leaving,  vessels  shall  also  communicate  their  position.  This 
information should preferably be communicated by fax (+ 239 222 828) or e-
mail (dpescas1@cstome.net) or, for vessels not equipped with a fax or e-mail, 
by radio (call sign: 12.00 Hz from 08.00 to 12.00, and 8.634 Hz from 14.00 to 
17.00). 

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

3.4  Vessels  shall  also  be  informed  of  the  fax  and  telephone  numbers  and  e-mail 

address when the fishing licence is issued. 

4. 

Control procedures 

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

4.2.  These  officials  shall  not  remain  on  board  for  longer  than  is  necessary  for  the 

discharge of their duties. 

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

master 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 Government of São Tomé 
and  Príncipe  to  the  European  Commission  Delegation  to  Gabon  of  the  entry 
into operation of the São Toméan Fisheries Monitoring Centre (FMC). 

6. 

Boarding 

6.1  The  competent  São  Toméan  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 São Toméan waters. 

6.2  The flag State and the European Commission shall at the same time receive a 

brief report of the circumstances and reasons leading to the boarding. 

EN 

27 

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7. 

Statement of boarding 

7.1  After  the  competent  São  Toméan  authority  has  drawn  up  a  statement,  the 

skipper of the vessel shall sign it. 

7.2  This signature shall not prejudice the rights of the master or any defence which 
the  master  may  make  to  the  presumed  infringement.  If  the  skipper  refuses  to 
sign this document, he or she shall specify the reasons for doing so in writing 
and the inspector shall write “refusal to sign” on it. 

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

8. 

Consultation meeting in the event of boarding 

8.1  Before  any  measures  regarding  the  skipper  or  the  crew  of  the  vessel  or  any 
action  regarding  the  cargo  and  equipment  of  the  vessel  are  considered,  other 
than  those  to  safeguard  evidence  relating  to  the  presumed  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 São 
Toméan authorities, possibly attended by a representative of the Member State 
concerned.  

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

9. 

Settlement of boarding 

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

9.2.  In  the  event  of  an  amicable  settlement,  the  amount  of  the  fine  shall  be 

determined in accordance with São Toméan legislation. 

9.3.  If  the  case  cannot  be  settled  by  amicable  procedure  and  has  to  be  brought 
before  a  competent  judicial  body,  a  bank  security  set  to  take  account  of  the 
boarding  costs  and  the  fines  and  compensation  payable  by  the  parties 
responsible for the infringement shall be lodged by the shipowner with a bank 
specified by the competent São Toméan authorities. 

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  São 
Toméan authorities. 

EN 

28 

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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 São Toméan authorities, pending completion 
of the legal proceedings. 

10. 

Transhipment 

10.1  All Community vessels wishing to tranship catches in São Toméan waters shall 

do so in or off São Toméan ports. 

10.2.  The  owners  of  such  vessels  must  notify  the  following  information  to  the 

competent São Toméan authorities at least 24 hours in advance: 

- 

- 

- 

- 

the names of the transhipping fishing vessels, 

the names, OMI numbers and flag of the cargo vessels, 

the tonnage by species to be transhipped, 

the day and place of transhipment. 

10.3.  Transhipment  shall  be  considered  as  an  exit  from  São  Tomé  and  Príncipe’s 
fishing  zone.  Skippers  of  vessels  must  submit  their  catch  declarations  to  the 
competent  São  Toméan  authorities  and  state  whether  they  intend  to  continue 
fishing or leave São Tomé and Príncipe’s fishing zone. 

10.4.  Any  transhipment  of  catches  not  covered  above  shall  be  prohibited  in  São 
Tomé  and  Príncipe’s  fishing  zone.  Any  person  infringing  this  provision  shall 
be liable to the penalties provided for by São Toméan law. 

11. 

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

APPENDICES 

1 – 

2 – 

3 – 

4 – 

Licence application form 

ICCAT logbook 

Coordinates of the zone in which fishing is prohibited 

Provisions  applicable  to  the  satellite-based  vessel  monitoring  system  (VMS)  and 
coordinates of São Tomé and Príncipe’s fishing zone 

EN 

29 

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Appendix 1 

MINISTRY RESPONSIBLE FOR FISHERIES IN SAO TOME AND PRINCIPE 

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 tonnage: .............................................................................................................. 

18. 

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

19. 

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

20. 

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

21. 

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

22. 

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

23. 

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

EN 

30 

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24. 

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

25. 

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

26. 

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

27. 

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

28. 

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

29. 

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

30. 

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

31. 

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

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

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

EN 

31 

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Appendix 2 

ICCAT LOGBOOK FOR TUNA FISHERY 

Name of vessel: 
……………………………………………………………………. 
Flag country:   
……………………………………………………………………...........................

: 

Gross tonnage: 
………………………………………………….............................
Capacity – (M.T.): …………………………........ 

Vessel DEPARTED: 

Month  Day  Year 

Port 

Registration No: 
………………………………………………………………...................................
No of crew: 
Shipowner: 
………………………………………………………….......................... 
….…………………………………………………........................
Address: ………………………………………………………………………….... Reporting date: ………………………………………………...... 

Captain: ……………………………………………………….... 

Vessel 
RETURNED: 

Longline 

Live bait 

Purse seine 

Trawl 

Outros (Others) 

No of days at sea: 

Trip number: 

No of fishing days: 

No of sets made: 

Capturas (Catches) 

Isco usado na pesca 
(Bait used) 

Yellowfin tuna 

(Bigeye tuna) 

(Albacore) 

(Swordfish) 

Thunnus 
albacares 

Thunnus 
obesus 

Thunnus 
alalunga 

Xiphias 
gladius 

No 

kg 

No 

kg 

No 

kg 

No 

kg 

(Strip marlin) 
(White marlin 

Tetraptunus 
audax or albidus 
kg 

No 

(Black marlin)

(Sailfish) 

Skipjack 

Makaira 
indica 

Istiophorus albicane 
or platypterus 

Katsuwonus 
pelamis 

(Miscellaneous fish) 

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 

kg 

No 

kg 

No 

kg 

No 

kg 

No 

kg 

Date 

Sector 

Month  Day 

S
/
N
e
d
u
t
i
t
a
L

e
d
u
t
i
g
n
o
L

O
E

/

Surface 
water 
temp 
(ºC) 

Fishing effort 
No  of  hooks 
used 

Bluefin tuna 

Thunnus 
thynnus or 
maccoyii 
No  Weigh

t 
kg 

LANDING WEIGHT (IN KG) 
Notes 

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

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

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

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

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

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

EN 

32 

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Appendix 3 

EN 

33 

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Appendix 4 

Protocol (VMS) 

setting out the provisions applicable to satellite monitoring of Community fishing vessels 
operating in São Tomé and Príncipe’s EEZ 

1. 

2. 

3. 

4. 

5. 

6. 

7. 

The  provisions  of  this  Protocol  supplement  the  Protocol  setting  out  the  fishing 
opportunities  and  financial  contribution  provided  for  in  the  Fisheries  Partnership 
Agreement between the European Community and the Democratic Republic of São 
Tomé and Príncipe on fishing off the coast of São Tomé and Príncipe for the period 
from 1 June 2006 to 31 May 2010 and apply in accordance with point 5 of “Chapter 
VIII – Monitoring” in the Annex thereto. 

All  fishing  vessels  with  an  overall  length  exceeding  15  metres  operating  under  the 
Fisheries Agreement between the European Community and São Tomé and Príncipe 
shall be monitored by satellite when fishing in São Tomé and Príncipe’s EEZ. 

For  the  purposes  of  the  satellite  monitoring,  the  São  Toméan  authorities  shall 
communicate to the Community party the latitude and longitude coordinates of São 
Tomé and Príncipe’s EEZ. 

The  São  Toméan  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 
monitoring pursuant to Community legislation enters São Tomé and Príncipe’s 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 
São Tomé and Príncipe’s Fisheries Monitoring Centre (FMC) at intervals of no more 
than three hours. The messages concerned shall be identified as position reports. 

The messages specified in point 5 shall be transmitted electronically in X.25 format, 
or any other secure protocol. They shall be communicated in real time in the format 
set out in Table II. 

Where  the  continuous  satellite  monitoring  equipment  installed  on  board  a  fishing 
vessel  develops  a  technical  fault  or  breaks  down,  the  skipper  of  the  vessel  shall 
transmit the information specified in point 5 to the Control Centre of the flag State 

EN 

34 

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8. 

9. 

10. 

11. 

and  São  Tomé  and  Príncipe’s  FMC  in  good  time.  In  those  circumstances  a  global 
position  report  shall  be  sent  every  nine  hours.  This  global  position  report  shall 
include the position reports as recorded by the skipper of the vessel on a three-hourly 
basis in accordance with the requirements laid down in point 5. 

The  Control  Centre  of  the  flag  State  shall  send  these  messages  to  São  Tomé  and 
Príncipe’s 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 
São Tomé and Príncipe’s EEZ.  

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

If São Tomé and Príncipe’s FMC establishes that the flag State is not transmitting the 
information  specified  in  point  5,  the  competent  European  Commission  departments 
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  São  Toméan  authorities  in 
controlling  and  monitoring  the  Community  fleet  fishing  under  the  Fisheries 
Agreement  between  the  European  Community  and  São  Tomé  and  Príncipe.  Such 
data may not under any circumstances be communicated to other parties. 

The satellite-monitoring 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-monitoring system shall be prohibited. 

Skippers shall ensure that: 

- 

- 

- 

- 

data are not altered in any way; 

the antenna or antennas connected to the satellite-monitoring equipment are not 
obstructed; 

the power supply of the satellite-monitoring equipment is not interrupted; and 

the satellite-monitoring equipment is not removed from the vessel. 

12. 

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

EN 

35 

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13. 

Any  dispute  over  the  interpretation  or  application  of  these  provisions  shall  be  the 
subject of consultation between the Parties within the Joint Committee provided for 
in Article 9 of the Agreement. 

14. 

The Parties agree to review these provisions, as appropriate. 

EN 

36 

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COMMUNICATION OF VMS MESSAGES TO SÃO TOMÉ AND PRÍNCIPE 

POSITION REPORT 

Data Element 

Code Mandatory/

Comments 

Optional 

Start record 

Recipient 

From 

Flag State 

Type of message 

Radio call sign 

SR  M 

AD  M 
EN  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 

Unique  contracting  party  number  as  flag  State  ISO-3 
code 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 DD.ddd (WGS-84) 

Longitude 

LO  M 

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

Course 

Speed 

Date 

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 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 

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LIMITS OF SAO TOME AND PRINCIPE’S EEZ 

COORDINATES OF EEZ 

EN 

38 

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COORDINATES OF SAO TOME AND PRINCIPE’S FMC 

Name of FMC: 

SSN tel.: 

SSN fax: 

SSN e-mail: 

DSPG tel.: 

DSPG fax: 

Address X25 = 

Declaration of entries/exits: 

EN 

39 

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LEGISLATIVE FINANCIAL STATEMENT 

1. 

TITLE OF THE PROPOSAL: 

Proposal  for  a  Council  Regulation  on  the  conclusion  of  the  Fisheries  Partnership 
Agreement  between  the  Democratic  Republic  of  São  Tomé  and  Príncipe  and  the 
European Community, during the period of four years from the entry into force of the 
Agreement. 

2. 

ABM/ABB FRAMEWORK (ACTIVITY-BASED  MANAGEMENT/ESTABLISHMENT  OF 
THE BUDGET) 

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 Economic Community 
and  the  Democratic  Republic  of  São  Tomé  and  Príncipe  expired  on  31 May  2006. 
The new Protocol will be valid for four years commencing on 1 June 2006. 

The  Protocol  lays  down  the  financial  contribution,  the  fishing  categories  and  the 
conditions  for  fishing  by  Community  vessels  in  São  Tomé  and  Príncipe’s  fishing 
zones. 

3.3 

Budgetary characteristics (add rows if necessary): 

Budget line 

Type of 
expenditure 

11.0301 

Comp. 

Diff.3 

11.010404 

Comp. 

Diff.4 

New 

NO 

NO 

EFTA 
contribution 

Contributions form 
applicant countries 

NO 

NO 

NO 

NO 

Heading in 
financial 
perspective2

No 2 

No 2 

2 
3 
4 

Heading No 4 of the financial perspective 2000-06 for the period 1 June 2006-31 December 2006. 
Differentiated appropriations. 
Non-differentiated appropriations. 

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4. 

SUMMARY OF RESOURCES 

4.1 

Financial Resources 

4.1.1 

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

EUR million  

Year 20075 

2008  

2009  

Total 

a  

b  

1.326 

0.663 

0.663 

2.652 

1.326 

0.663 

0.663 

2.652 

8.2.4 

c 

0.04 

0.04 

Type of 
expenditure 

Secti
on 
No 

Operational expenditure6 

Commitment 
Appropriation
s7 (CA) 

8.1 

t Appropriations 
(PA)8 

Technical & 
administrativ
e assistance 
(Non-diff.) 

5 
6 
7 

8 

For fishing years 2006/07 and 2007/08. 
Expenditure that does not fall within Chapter 11 01 of the Title 11 concerned. 
Subject to available funds, the annual amount could be increased by EUR 552 500 maximum (twice for 
2007 as it involves two fishing years) by applying the clause doubling the reference tonnage (Articles 2 
and 4 of the Protocol). 
Subject  to  available  funds,  the  annual  amount  could  be  increased  by  EUR 552 500  maximum  by 
applying the clause doubling the reference tonnage (Articles 2 and 4 of the Protocol). 

EN 

41 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
TTOOTTAALL  RREEFFEERREENNCCEE  AAMMOOUUNNTT  

a+c  

1.326 

0.663 

0.703 

2.692 

b+c  

1.326 

0.663 

0.703 

2.692 

8.2.5 

d 

0.0594 

0.0594 

0.0594 

0.1782 

8.2.6 

e 

0.0215 

0.0215 

0.0215 

0.0645 

Commitment 
appropriatio
ns 

Payment 
appropriatio
ns 

Human 
resources and 
associated 
expenditure 
(Non-diff.) 

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

Total indicative cost of action 

TOTAL CA 

including cost of human 
resources 

TOTAL PA 

including cost of human 
resources 

1.4069 

0.7439 

0.7839 

2.9347 

1.4069 

0.7439 

0.7839 

2.9347 

Part-financing details: no part-financing 

Part-financing body 

2007 

2008 

2009 

Total 

EUR million 

F 

TOTAL CA including 
financing 

a+c+d+
e+f 

1.4069 

0.7439 

0.7839 

2.9347 

4.1.2  Compatibility with financial programming 

X 

Proposal is compatible with existing financial programming. 

(cid:133) 

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

EN 

42 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
(cid:133) 

Proposal  may  require  application  of  the  provisions  of  the  Interinstitutional 
Agreement9 (i.e. flexibility instrument or revision of the financial perspective). 

4.1.3 

Financial impact on revenue 

X 

(cid:133) 

Proposal has no financial impact on revenue 

Proposal has 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 
2006 

EUR million 

Situation following action 

2007 

2008 

2009 

a) Revenue in absolute 
terms 
b) Change in revenue 

 Δ 

(Please specify each 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 

Total number of human resources 

2007 

0.55 

2008 

0.55 

2009 

0.55 

5. 

CHARACTERISTICS AND OBJECTIVES 

5.1 

Need to be met in the short or long term 

The  former  Protocol  annexed  to  the  fisheries  agreement  between  the  European 
Economic  Community  and  the  Democratic  Republic  of  São  Tomé  and  Príncipe 
expired on 31 May 2006. The new Protocol covers the period from 1 June 2006 to 
31 May 2010. 

The  main  objective  of  the  new  Fisheries  Partnership  Agreement  (FPA)  is  to 
strengthen  cooperation  between  the  European  Community  and  the  Democratic 
Republic of São Tomé and Príncipe, thereby creating a partnership framework within 
which  to  develop  a  sustainable  fisheries  policy  and  sound  exploitation  of  fisheries 
resources in the São Tomé and Príncipe fishing zone. The main elements of the new 
Protocol are: 

9 

See points 19 and 24 of the Interinstitutional Agreement. 

EN 

43 

   EN 

 
 
 
 
 
                                                 
- 

- 

- 

- 

Fishing opportunities: 25 freezer tuna seiners (a reduction of 30.6% against the 
previous  Protocol)  and  18  surface  longliners  (a  reduction  of  28%  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.: 

- 

- 

tuna seiners: France: 12, Spain: 13 

surface longliners: Spain: 13, Portugal: 5 

Annual reference tonnage: 8 500 tonnes of tuna and related species  

Annual financial contribution: EUR 663 000 

Advances and fees payable by vessel-owners: EUR 35 (compared with EUR 25 
previously)  per  tonne  of  tuna  and  related  species  caught  in  São  Tomé  and 
Príncipe’s fishing zone. The advances are fixed at EUR 5 250 per year per tuna 
seiner  and  EUR 1  925  per  year  per  surface  longliner  (+40%  against  the 
previous Protocol). 

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 Democratic Republic of São Tomé and 
Príncipe  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  São  Tomé  and 
to  employment,  development  of 
Príncipe, 
infrastructure and support for the state budget; 

the  contribution 

including 

EN 

44 

   EN 

 
• 

number of technical meetings and meetings of the Joint Committee. 

5.4 

Method of implementation (indicative) 

Indicate below the method(s)10 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 which is responsible for relations with São Tomé 
and  Príncipe)  will  ensure  regular  monitoring  of  implementation  of  this  Agreement, 
particularly in terms of its use by operators and catch data. The Joint Committee shall 
also provide a framework for dialogue with São Tomé and Príncipe for the purposes 
of  analysing  and  reviewing  the  sectoral  strategy  implemented  via  the  Agreement. 
The Delegation in Libreville will be strongly involved in these meetings. 

6.2 

Assessment 

A  comprehensive  evaluation  was  carried  out  on  the  previous  Protocol,  ending  in 
August 2004, with the assistance of a consortium of independent consultants, with a 
view to the 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, extended until 2006) drawn from the study of August 2004. 

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

Segment 

 2002-04 Protocol: utilisation rate 

Fishing 
opportunities 

2002/03 

2003/04 

2004/05 

2005/06 

average 

1. Freezer tuna 
seiners 

2. Pole-and-line 
vessels 
3. Surface 
longliners 

36 

2 

25 

72% 

78% 

67% 

44% 

65.25% 

(26/year) 

(28/year) 

(24/year) 

(16/year) 

0% 

0% 

0% 

64% 

68% 

40% 

0% 

48% 

0% 

55% 

(16/year) 

(17/year) 

(10/year) 

(12/year) 

10 

If more than one method is indicated, please give details in the “Comments” section under this point. 

EN 

45 

   EN 

 
 
                                                 
In  the  period  2002-05,  catches  varied  between  2  086  and  7  456  tonnes  per  year, 
against a reference tonnage of 8 500 tonnes for tuna. The Agreement clearly remains 
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 countries. In addition, 
this Protocol provides for a financial incentive for transhipment in São Toméan ports 
with  a  view  to  galvanising  port  activity.  The  Fisheries  Agreement  guarantees  a 
substantial  share  of  resources  to  the  sectoral  fisheries  policy  in  São  Tomé  and 
Príncipe.  

- 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 663 000 for the 2006-10 Protocol. 

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

similar experiences in the past) 

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  São  Tomé  and  Príncipe.  The 
Community  and  the  Government  of  São  Tomé  and  Príncipe  must  agree  on  a 

EN 

46 

   EN 

 
multiannual  sectoral  programme  relating  to  this  financial  support  (50%  of  the  total 
financial contribution). 

6.2.4 

Terms and frequency of future evaluation 

Following on from the study finalised in August 2004, in order to ensure sustainable 
fishing in the region, an evaluation of the economic, social and environmental impact 
will be carried out before each future renewal of the Protocol. 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 
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 

47 

   EN 

 
8. 

DETAILS OF RESOURCES 

Human resource and administrative needs will be covered by the managing DG’s allocation under the annual allocation procedure. 

8.1 

Objectives of the proposal in terms of their financial cost 

Commitment appropriations in EUR million 

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

OPERATIONAL 
OBJECTIVE No 115: 
fishing 
To  obtain 
in 
opportunities 
exchange 
a 
financial 
contribution 

for 

Action 1 

- Output 1 

Type of output 

2006/07 fishing year11 

2007/08 fishing year12 

2008/09fishing year13 

2009/10 fishing year14 

Total 

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 

Vessels/licences 
quota

16

43 
licences 
8 500 t 

0.663 

43 
licences 
8 500 t 

0.663 

43 
licences 
8 500 t 

0.663 

43 
licences 
8 500 t 

0.663 

172  
licences 
34 000 t 

2 652 

OPERATIONAL 
OBJECTIVE 

Action 2 

- Output 1   

TOTAL COST 

17

0.663 

0.663 

0.663 

0.663 

2 652 

11 
12 
13 
14 
15 
16 
17 

2007 budget year. 
2007 budget year. 
2008 budget year. 
2009 budget year. 
As described in point 5.3. 
The reference tonnage may be doubled (Articles 2 and 4 of the Protocol). 
Subject to available funds, the annual amount could be increased by EUR 552 500 maximum by applying the clause doubling the reference tonnage (Articles 2 and 4 
of the Protocol). 

EN 

48 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
8.2 

Administrative expenditure 

8.2.1  Number and type of human resources 

Types of 
post 

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

Officials or 
temporary 
staff18 (11 
01 01) 

A*/AD 

B*, 
C*/AST 

Staff financed19 by Art. 
11 01 02 

Other  staff  financed20 
by Art. 11 01 04 04 

TOTAL 

2007 

0.25 

0.3 

2008 

0.25 

0.3 

2009 

0,25 

0,3 

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 
contribution  and  targeted  measures  or  financing  for  the  development  of 
responsible fishing; 

- 

regular reporting on the implementation of agreements; 

18 
19 
20 

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 

49 

   EN 

 
 
 
 
 
 
 
 
 
 
 
                                                 
- 

- 

- 

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: 

- 

assisting  in  the  preparation  of  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 

50 

   EN 

 
8.2.4  Other administrative expenditure included in reference amount 

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

Budget line: 11010404 

2007 

2008 

2009 

TOTAL 

(EUR) 

(number and heading) 

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

Executive Agencies21 

Other  technical  and  administrative 
assistance: 

- intra muros 

- extra muros (1)° 

Total  technical  and  administrative 
assistance 

40 000 

40 000 

40 000 

40 000 

(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 

2007 

2008 

2009 

TOTAL 

(EUR) 

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) 

59 400 

59 400 

59 400 

178 200 

59 400 

59 400 

59 400 

178 200 

Calculation – Officials and contract staff 

Reference should be made to Point 8.2.1, if applicable 

- 

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 

21 

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

EN 

51 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
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) 

2007 

2008 

2009 

TOTAL 

11 01 02 11 01 – Missions 

20 000 

20 000 

20 000 

60 000 

11 01 02 11 02 – Meetings and 
conferences 

XX 
01 
02 
Committees22 

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 
including 
(specify 
reference to budget line) 

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

resources 
costs 
in 

1 500 

1 500 

1 500 

4 500 

21 500 

21 500 

21 500 

64 500 

22 

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

EN 

52 

   EN