Fisheries Partnership Agreement between the Democratic Republic of São Tomé and Príncipe and the European Community
Date: 2007-10-30
Institutions: European Community, São Tomé and Príncipe
Subjects: São Tomé and Príncipe, agreement (EU), catch area, catch quota, fishing agreement, fishing rights, sea fishing

L 205/36

EN

Official Journal of the European Union

7.8.2007

between the Democratic Republic of São Tomé and Príncipe and the European Community

FISHERIES PARTNERSHIP AGREEMENT

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 sepa-
rately, 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,

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:

— the conditions governing access by Community fishing ves-

sels to São Tomé and Príncipe’s fishing zones,

Article 1

Scope

This Agreement establishes the principles, rules and procedures
governing:

— economic, financial, technical and scientific cooperation in
the fisheries sector with a view to promoting responsible
fishing in São Tomé and Príncipe’s fishing zones to guaran-
tee the conservation and sustainable exploitation of fisher-
ies resources and develop São Tomé and Príncipe’s fisheries
sector,

— cooperation on the arrangements for policing fisheries in
São Tomé and Príncipe’s fishing zones with a view to ensur-
ing 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 eco-
nomic activities in the fisheries sector and related activities,
in the common interest.

7.8.2007

EN

Official Journal of the European Union

L 205/37

Article 2

Definitions

For the purposes of this Agreement:

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.

(a)

‘São Toméan authorities’ means the Government of São
Tomé and Príncipe;

4.
The Parties hereby undertake to ensure that this Agreement
is implemented in accordance with the principles of good eco-
nomic and social governance, respecting the state of fish stocks.

(b)

‘Community authorities’ means the European Commission;

(c)

‘São Tomé and Príncipe’s fishing zone’ means the waters over
which, as regards fisheries, São Tomé and Príncipe has sov-
ereignty or jurisdiction;

(d)

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

(e)

(f)

‘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 represen-
tatives of the Community and São Tomé and Príncipe, as
specified in Article 9 of this Agreement;

(g)

‘transhipment’ means the transfer in or off the port 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 con-
trol of one of the Parties and are such as to prevent fishing
activities in São Toméan waters;

(i)

‘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;

(j)

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

5.
In particular, the employment of ACP seamen on board
Community vessels shall be governed by the International Labour
Organisation (ILO) Declaration on Fundamental Principles and
Rights at Work, which shall apply as of right to the correspond-
ing contracts and general terms of employment. This concerns
in particular the freedom of association and the effective recog-
nition of the right to collective bargaining, and the elimination
of discrimination in respect of employment and occupation.

Article 4

Scientific cooperation

1.
During the period covered by this Agreement, the Commu-
nity and São Tomé and Príncipe shall endeavour to monitor the
evolution of resources in São Tomé and Príncipe’s fishing zone.

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

The parties undertake to consult one other, either directly,
3.
including at subregional level within COREP (Regional Fisheries
Committee for the Gulf of Guinea (COREP), or within the com-
petent international organisations, to ensure the management and
conservation of living resources in the Atlantic Ocean, and to
cooperate in the relevant scientific research.

Article 3

Principles and objectives underlying the implementation
of this Agreement

Article 5

1.
The Parties hereby undertake to promote responsible fish-
ing in São Tomé and Príncipe’s fishing zones on the basis of the
principles of non-discrimination between the different fleets fish-
ing in those waters, without prejudice to the agreements con-
cluded between developing countries within a geographical
region, including reciprocal fisheries agreements.

Access by Community vessels to fisheries in São Toméan
waters

1.
São Tomé and Príncipe undertakes to authorise Commu-
nity vessels to engage in fishing activities in its fishing zone in
accordance with this Agreement, including the Protocol and
Annex thereto.

2.
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 adopt-
ing potential measures in this area.

2.
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 Commis-
sion of any amendments to that legislation.

L 205/38

EN

Official Journal of the European Union

7.8.2007

São Tomé and Príncipe shall take all the appropriate steps
3.
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.

4.
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

1.
Community vessels may fish in São Tomé and Príncipe’s
fishing zone only if they are in possession of a fishing licence
issued by São Tomé and Príncipe under this Agreement and the
Protocol hereto.

2.
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

1.
The Community shall grant São Tomé and Príncipe a finan-
cial 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:

(a) access by Community vessels to São Toméan waters and

fisheries resources, and

(b)

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

2.
The element of the financial contribution referred to in
paragraph 1(a) above shall be determined in the light of objec-
tives identified by common accord between the Parties in accor-
dance 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.

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:

(a) unusual circumstances;

(b) a reduction in the fishing opportunities granted to Commu-
nity 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 Commu-
nity vessels, made by mutual agreement between the Parties
where the best available scientific advice concurs that the
state of resources so permits;

(d) a reassessment of the terms of financial support for imple-
menting a sectoral fisheries policy in São Tomé and Príncipe,
where this is warranted by the results of the annual and mul-
tiannual 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 tech-
1.
nical cooperation in the fisheries sector and related sectors. They
shall consult each other with a view to coordinating the differ-
ent measures that might be taken to this end.

2.
The Parties undertake to promote exchanges of informa-
tion 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 development
of business and investment.

4.
The Parties shall encourage, in particular, the setting-up of
joint enterprises in their mutual interest which shall systemati-
cally comply with São Toméan and Community legislation.

Article 9

Joint Committee

1.
A Joint Committee shall be set up to monitor the applica-
tion 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 inter-
est relating to fisheries, in particular statistical analysis of
data on catches;

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

7.8.2007

EN

Official Journal of the European Union

L 205/39

(d)

reassessing, where necessary, the level of fishing opportuni-
ties and, consequently, of the financial contribution;

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

agreement.

2.
The Joint Committee shall meet at least once a year, alter-
nately 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.

The Party concerned shall notify the other Party in writing
2.
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 para-

3.
graph shall open consultations by the Parties.

Payment of

4.
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 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 14

Protocol and Annex

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

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 disagree-
ment as to the application of provisions laid down in the Agree-
ment. 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 consul-
tations with a view to resolving their differences amicably.

Payment of

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

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 Pro-
tocol 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 Community and
the Republic of São Tomé and Príncipe on fishing off the coast
of São Tomé and Príncipe which entered into force on 25 Feb-
ruary 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 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.

Article 13

Termination

Article 17

Entry into force

This Agreement may be terminated by either Party in the
1.
event of unusual circumstances such as the degradation of the
stocks concerned, the discovery of a reduced level of exploita-
tion 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.

This Agreement, drawn up in duplicate in the Czech, Estonian,
Danish, Dutch, English, Finnish, French, German, Greek, Hungar-
ian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Slo-
vak, 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.