Proposal for a Council Decision on the conclusion of the Agreement in the form of an exchange of letters on the provisional application of the Protocol setting out the fishing opportunities and financial contribution provided for in the Fisheries Partnership Agreement between the European Community and the Democratic Republic of São Tomé and Príncipe for the period from 1 June 2006 to 31 May 2010
Date: 2007-03-08
Institutions: European Commission
Subjects: São Tomé and Príncipe, common fisheries policy, financial compensation of an agreement, fishing agreement, interim agreement (EU), ratification of an agreement

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 8.3.2007 
COM(2007) 89 final 

Proposal for a 

COUNCIL DECISION 

on the conclusion of the Agreement in the form of an exchange of letters on 
the provisional application of the Protocol setting out the fishing opportunities and 
financial contribution provided for in the Fisheries Partnership Agreement between the 
European Community and the Democratic Republic of São Tomé and Príncipe for 
the period from 1 June 2006 to 31 May 2010 

(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 is accordingly proposing that the Council adopt by Decision the Agreement 
in  the  form  of  an  exchange  of  letters  concerning  the  provisional  application  of  the  new 
Protocol, pending its definitive entry into force.  

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

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Proposal for a 

COUNCIL DECISION 

on the conclusion of the Agreement in the form of an exchange of letters on 
the provisional application of the Protocol setting out the fishing opportunities and 
financial contribution provided for in the Fisheries Partnership Agreement between the 
European Community and the Democratic Republic of São Tomé and Príncipe for 
the period from 1 June 2006 to 31 May 2010 

THE COUNCIL OF THE EUROPEAN UNION, 

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

Having regard to the proposal from the Commission, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

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. 

It is necessary to guarantee the pursuit of fishing activities between the date of expiry 
of the previous Protocol setting out the fishing opportunities off the coast of São Tomé 
and Príncipe and the date of entry into force of the new Protocol setting out the fishing 
opportunities  and  financial  contribution  provided  for  in  the  Fisheries  Partnership 
Agreement. 

To this end the Community and the Democratic Republic of São Tomé and Príncipe 
have  initialled  an  Agreement  in  the  form  of  an  exchange  of  letters  concerning  the 
provisional application of the new Protocol. 

It  is  in  the  Community’s  interest  to  approve  that  Agreement  in  the  form  of  an 
exchange of letters. 

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

HAS DECIDED AS FOLLOWS: 

Article 1 

The  Agreement  in  the  form  of  an  exchange  of  letters  on  the  provisional  application  of  the 
Protocol  setting  out  the  fishing  opportunities  and  financial  contribution  provided  for  in  the 
Fisheries  Partnership  Agreement  between  the  European  Community  and  the  Democratic 

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Republic of São Tomé and Príncipe for the period from 1 June 2006 to 31 May 2010 is hereby 
approved on behalf of the Community. 

The text of the Agreement in the form of an exchange of letters is attached to this Decision.  

The Agreement shall apply provisionally from 1 June 2006. 

Article 2 

Article 3 

The fishing opportunities set out in the Protocol to the Fisheries Partnership 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  to  the  Fisheries  Partnership  Agreement,  the  Commission  may  take  into 
consideration licence applications from any other Member State. 

Article 4 

The Member States whose vessels fish under this Agreement in the form of an exchange of 
letters  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. 

Article 5 

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

Done at Brussels,  

For the Council 
The President 

1 

OJ L 73, 15.3.2001, p. 8. 

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Annex 

Agreement in the form of an exchange of letters on the provisional application of the 
Protocol setting out the fishing opportunities and 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 

A. Letter from the Government of the Democratic Republic of São Tomé and Príncipe: 

Sir, 

Referring  to  the  Protocol  initialled  on  Thursday  25  May  2006  setting  out  the  fishing 
opportunities  and  financial  contribution  for  the  period  from  1  June  2006  to  31 May 2010,  I 
have the honour to inform you that the Government of the Democratic Republic of São Tomé 
and Príncipe is willing to apply this Protocol provisionally from 1 June 2006 pending its entry 
into  force  in  accordance  with  Article 12  thereof,  provided  that  the  European  Community  is 
prepared to do likewise. 

This is on the understanding that the first instalment of the financial contribution, laid down 
by Article 2 of the Protocol, must be paid before 15 May 2007. 

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

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

For the Government of São Tomé and Príncipe 

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B. Letter from the European Community 

Sir, 

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

“Referring  to  the  Protocol  initialled  on  Thursday  25  May  2006  setting  out  the  fishing 
opportunities  and  financial  contribution  for  the  period  from  1  June  2006  to  31 May 2010,  I 
have the honour to inform you that the Government of the Democratic Republic of São Tomé 
and Príncipe is willing to apply this Protocol provisionally from 1 June 2006 pending its entry 
into  force  in  accordance  with  Article 12  thereof,  provided  that  the  European  Community  is 
prepared to do likewise. 

This is on the understanding that the first instalment of the financial contribution, laid down 
by Article 2 of the Protocol, must be paid before 15 May 2007.” 

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

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

On behalf of the Council of the European Union 

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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 twice the total 

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5. 

6. 

7. 

1. 

2. 

3. 

4. 

1. 

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)  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. 

(b) 

If no payment is made and non-payment is not adequately justified within the 
period provided for in Article 2(5) of this Protocol, the competent 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: 

- 

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

EN 

15 

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4. 

5. 

6. 

7. 

8. 

1. 

2. 

1. 

- 

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: 

- 

- 

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. 

EN 

16 

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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. 

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. 

EN 

17 

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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. 

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. 

2. 

3. 

4. 

5. 

6. 

7. 

EN 

18 

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CHAPTER VI – TECHNICAL MEASURES 

1. 

2. 

3. 

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. 

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. 

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

2. 

3. 

EN 

19 

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4. 

5. 

6. 

7. 

8. 

9. 

10 

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. 

11. 

While on board, observers shall: 

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

presence on the vessel neither interrupt nor hamper fishing operations, 

EN 

20 

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12. 

13. 

14. 

15. 

1. 

2. 

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. 

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.  

EN 

21 

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3.2 

3.3 

3.4 

When  notifying  leaving,  vessels  shall  also  communicate  their  position.  This 
information  should  preferably  be  communicated  by  fax  (+  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). 

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

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

4. 

Control procedures 

4.1 

4.2. 

4.3. 

Skippers of Community fishing vessels engaged in fishing activities in 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. 

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

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

6.2 

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. 

The flag State and the European Commission shall at the same time receive a brief 
report of the circumstances and reasons leading to the boarding. 

7. 

Statement of boarding 

7.1 

After the competent São Toméan authority has drawn up a statement, the skipper of 
the vessel shall sign it. 

EN 

22 

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7.2 

7.3 

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. 

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 

8.2 

Before  any  measures  regarding  the  skipper  or  the  crew  of  the  vessel  or  any  action 
regarding the cargo and equipment of the vessel are considered, other than those to 
safeguard  evidence  relating  to  the  presumed  infringement,  a  consultation  meeting 
shall  be  held,  within  one  working  day  of  the  receipt  of  the  above  information, 
between  the  European  Commission  and  the  competent  São  Toméan  authorities, 
possibly attended by a representative of the Member State concerned.  

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

9. 

Settlement of boarding 

9.1. 

9.2. 

9.3. 

9.4. 

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

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

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

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

9.5. 

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

- 

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

EN 

23 

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- 

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 

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Appendix 1 

MINISTRY RESPONSIBLE FOR FISHERIES IN SAO TOME AND PRÍNCIPE 

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 

25 

   EN 

 
 
 
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 

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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. 

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Appendix 3 

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28 

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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 

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 
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 

1. 

2. 

3. 

4. 

5. 

6. 

7. 

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29 

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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. 

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

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

8. 

9. 

10. 

11. 

12. 

13. 

EN 

30 

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14. 

The Parties agree to review these provisions, as appropriate. 

EN 

31 

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COMMUNICATION OF VMS MESSAGES TO SÃO TOMÉ AND PRÍNCIPE 

POSITION REPORT 

Data Element 

Start record 

Recipient 

From 

Flag State 

Type of message 

Radio call sign 

Contracting party 
internal reference 
number 

External 
registration 
number 

Latitude 

Longitude 

Course 

Speed 

Ma
nda
tory
/Op
tion
al 

M 

M 

M 

O 

M 

M 

O 

M 

M 

M 

M 

M 

Comments 

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 

Unique contracting party number as flag State 
ISO-3 code followed by number) 

Vessel  detail  – number  marked  on  side  of 
vessel 

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

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

Vessel course 360° scale 

Vessel speed in tenths of knots 

EN 

32 

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Date 

Time 

End record 

M 

M 

M 

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

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

System detail - indicates end of record 

Character set: ISO 8859.1 

Each data transmission is structured as follows: 

– 

– 

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

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

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

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LIMITS OF SAO TOME AND PRÍNCIPE’S EEZ 

COORDINATES OF EEZ 

EN 

34 

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COORDINATES OF SAO TOME AND PRÍNCIPE’S FMC 

Name of FMC: 

SSN tel.: 

SSN fax: 

SSN e-mail: 

DSPG tel.: 

DSPG fax: 

Address X25 = 

Declaration of entries/exits: 

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