Fisheries partnership agreement between the Gabonese Republic and the European Community
Date: 2007-06-04
Institutions: European Community, Gabon
Subjects: Gabon, agreement (EU), catch area, catch quota, fishing agreement, fishing rights, sea fishing

26.4.2007

EN

Official Journal of the European Union

L 109/3

FISHERIES PARTNERSHIP AGREEMENT

between the Gabonese Republic and the European Community

THE GABONESE REPUBLIC, hereinafter referred to as ‘Gabon’,

and

THE EUROPEAN COMMUNITY, hereinafter referred to as ‘the Community’,

hereinafter referred to as ‘the Parties’,

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

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

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

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

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

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

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

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

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

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

HEREBY AGREE AS FOLLOWS:

Article 1

Scope

— the conditions governing access by Community fishing

vessels to Gabonese waters,

This Agreement establishes the principles, rules and procedures
governing:

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

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

L 109/4

EN

Official Journal of the European Union

26.4.2007

— partnerships between companies

economic activities
activities, in the common interest.

in the fisheries

aimed at developing
sector and related

Article 2

Definitions

For the purposes of this Agreement:

(a)

‘Gabonese authorities’ means the Government of Gabon;

(b) ‘Community authorities’ means the European Commission;

(c)

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

(d)

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

(e)

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

(f)

‘Joint Committee’ means a committee made up of represen-
tatives of the Community and Gabon, as specified in Article
9 of this Agreement;

(g)

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

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

Article 3

Principles and objectives underlying the implementation of
this Agreement

The Parties hereby undertake to promote responsible
1.
fishing in Gabonese waters on the basis of the principles of
non-discrimination between the different
fishing in
those waters, without prejudice to the agreements concluded
between developing countries within a geographical region,
including reciprocal fisheries agreements.

fleets

The Parties shall cooperate with a view to implementing a
2.
sectoral fisheries policy adopted by the Government of Gabon
and to that end shall initiate a policy dialogue on the necessary
reforms. They shall consult with a view to adopting potential
measures in this area.

The Parties shall also cooperate in carrying out ex ante,
3.
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

4.
this
Agreement is implemented in accordance with the principles
of good economic and social governance, respecting the state
of fish stocks.

to ensure

that

5.
In particular, the employment of Gabonese and/or ACP
seamen on board Community vessels shall be governed by the
International Labour Organisation (ILO) Declaration on Funda-
mental Principles and Rights at Work, which shall apply as of
terms of
right
employment. This concerns in particular the freedom of asso-
ciation and the effective recognition of the right to collective
bargaining, and the elimination of discrimination in respect of
employment and occupation.

to the corresponding contracts and general

Article 4

Scientific cooperation

During the period covered by this Agreement,
to monitor

1.
Community and Gabon shall endeavour
evolution of resources in the Gabonese fishing zone.

the
the

The two Parties, on the basis of the recommendations and
2.
resolutions adopted within the International Commission for
the Conservation of Atlantic Tunas (ICCAT), and in the light
of the best available scientific advice, shall consult each other
within the Joint Committee provided for in Article 9 of the
Agreement and adopt, where appropriate after a scientific
meeting and by mutual agreement, measures to ensure the
sustainable management of
fisheries resources affecting the
activities of Community vessels.

3.
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
the
competent
management and conservation of
in the
Atlantic Ocean, and to cooperate in the relevant scientific
research.

to
living resources

organisations,

international

ensure

26.4.2007

EN

Official Journal of the European Union

L 109/5

Article 5

Access by Community vessels to the fisheries in Gabonese
waters

Gabon undertakes to authorise Community vessels to
1.
engage in fishing activities in its fishing zone in accordance
with this Agreement, including the Protocol and Annex thereto.

The element of the financial contribution referred to in
2.
paragraph 1(a) above shall be determined in the light of
objectives identified by common accord between the Parties
in accordance with the Protocol,
to be achieved in the
fisheries policy drawn up by the
the sectoral
context of
Gabonese Government
and multiannual
and an annual
programme for its implementation.

2.
The fishing activities governed by this Agreement shall be
subject to the laws and regulations in force in Gabon. The
Gabonese authorities
shall notify the Commission of any
amendments to that legislation.

3.
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:

3.
Gabon shall take all the appropriate steps required for the
effective application of the fisheries monitoring provisions in
the Protocol. Community vessels shall cooperate with the
Gabonese authorities responsible for carrying out such moni-
toring.

(a) unusual circumstances;

The Community undertakes to take all the appropriate
its vessels comply with this
in the

4.
steps required to ensure that
Agreement and the legislation governing fisheries
waters over which Gabon has jurisdiction.

Article 6

Licences

1.
Community vessels may fish in the Gabonese fishing zone
only if they are in possession of a fishing licence issued under
this Agreement and the Protocol hereto.

The procedure for obtaining a fishing licence for a vessel,
2.
the taxes applicable and the method of payment to be used by
shipowners shall be as set out in the Annex to the Protocol.

(b) 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;

(c) an increase

in the

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

the best available

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

Article 7

(e)

termination of this Agreement under Article 12;

Financial contribution

The Community shall grant Gabon a financial contri-
1.
bution in accordance with the terms and conditions
laid
down in the Protocol and Annexes. This single contribution
shall be based on two elements, namely:

(f)

suspension of
Article 13.

the application of

this Agreement under

(a) access by Community vessels to Gabonese waters and

fisheries resources, and

Article 8

Promoting cooperation among economic operators and in
civil society

(b) the

Community’s

promoting
responsible fishing and the sustainable exploitation of
fisheries resources in Gabonese waters.

financial

support

for

The Parties

shall encourage economic,

scientific and
1.
technical
and related
sectors. They shall consult one another with a view to coordi-
nating the different measures that might be taken to this end.

cooperation in the

fisheries

sector

L 109/6

EN

Official Journal of the European Union

26.4.2007

infor-
The Parties undertake to promote exchanges of
2.
mation on fishing techniques and gear, preservation methods
and the industrial processing of fisheries products.

3.
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 devel-
opment of business and investment.

Article 10

Geographical area to which the Agreement applies

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

Article 11

Duration

The Parties shall encourage, in particular, the setting-up of
interest which shall system-

4.
joint enterprises in their mutual
atically comply with Gabonese and Community legislation.

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

Article 9

Joint Committee

Article 12

Suspension

1.
A Joint Committee shall be set up to monitor the appli-
cation of this Agreement. The Joint Committee shall perform
the following functions:

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

(b) providing the necessary liaison for matters of mutual

interest relating to fisheries;

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

(d) reassessing, where necessary, the level of fishing opportu-
nities and, consequently, of the financial contribution;

Application of this Agreement may be suspended at the
1.
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
three months before the date on which
suspension is due to take effect. On receipt of this notification,
into consultations with a view to
shall enter
the Parties
resolving their differences amicably.

least

Payment of the financial contribution referred to in Article
2.
7 shall be reduced proportionately and pro rata temporis,
according to the duration of the suspension.

Article 13

Termination

1.
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 exploi-
tation 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 unre-
gulated fishing.

(e) any other function which the Parties decide on by mutual

agreement.

2.
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.

2.
The Joint Committee shall meet at least once a year, alter-
nately in Gabon and in the Community, and shall be chaired by
the Party hosting the meeting. It shall hold a special meeting at
the request of either of the Parties.

Dispatch of the notification referred to in the previous

3.
paragraph shall open consultations by the Parties.

26.4.2007

EN

Official Journal of the European Union

L 109/7

Payment of the financial contribution referred to in Article
4.
7 for the year in which the termination takes effect shall be
reduced proportionately and pro rata temporis.

the Gabonese Republic on fishing off the coast of Gabon which
entered into force on 3 December 1998.

for

the Protocol setting out

contribution provided for

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

Article 17

Entry into force

Italian,

Latvian,

This Agreement, drawn up in duplicate in the Czech, Estonian,
French, German, Greek,
Danish, Dutch, English,
Finnish,
Hungarian,
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.

Lithuanian, Maltese,

Article 14

Protocol and Annex

The Protocol and the Annex shall form an integral part of this
Agreement (1).

Article 15

National law

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

Article 16

Repeal

On the date of its entry into force, this Agreement repeals and
replaces the Agreement between the European Community and

(1) OJ L 319, 18.11.2006, p. 17.