Proposition de DÉCISION DU CONSEIL relative à la conclusion d'un nouveau Protocole fixant les possibilités de pêche et la contrepartie financière prévues par l'accord de partenariat dans le secteur de la pêche entre la Communauté européenne et la République démocratique de São Tomé e Principe.
Date: 2010-12-13
Institutions: European Commission
Subjects: São Tomé and Príncipe, cooperation agreement, economic development, fishery management, fishing agreement, fishing area, fishing industry, fishing rights, ratification of an agreement

EN 

EN 

   EN 

 
EUROPEAN COMMISSION 

Brussels, 13.12.2010 
COM(2010) 735 final 

2010/0355 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the conclusion of a new 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 

EN 

   EN 

 
 
  
EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

On the basis of a mandate from the Council1, the European Commission has negotiated with 
the  Democratic  Republic  of  São  Tomé  and  Príncipe  to  renew  the  Protocol  to  the  Fisheries 
Partnership  Agreement  between  the  European  Community  and  the  Democratic  Republic  of 
São  Tomé  and  Príncipe,  which  dates  from  23  July  20072  and  expired  on  31  May  2010.  On 
conclusion  of  these  negotiations,  a  new  Protocol  was  initialled  on  15  July  2010  covering  a 
period of three years from the time of the adoption of the Council Decision on the signing, on 
behalf of the Union, and provisional application of the said Protocol.  

The Commission is asked to adopt the attached proposal for a Decision on the conclusion of 
the new Protocol and to transmit it to the Council.  

2. 

RESULTS OF CONSULTATIONS WITH THE INTERESTED PARTIES AND 
IMPACT ASSESSMENTS 

The  Commission’s  negotiating  position  was  based  in  part  on  the  results  of  an  ex-post 
evaluation carried out by external experts. 

The  main  purpose  of  the  Protocol  is  to  define the  fishing  opportunities  offered  to European 
Union vessels on the basis of the surplus available, as well as the financial contribution due 
separately for access rights and sectoral support.  

The  overall  objective  is  to  continue  the  cooperation  between  the  European  Union  and  the 
Democratic  Republic  of  São  Tomé  and  Príncipe,  thereby  strengthening  a  partnership 
framework  in  the  fisheries  sector  that  has  existed  since  2006,  in  order,  in  particular,  to 
contribute  to  developing  a  sustainable  fisheries  policy  and  sound  exploitation  of  fishery 
resources in the São Toméan fishing zone, in the interests of both Parties.  

The  new  Protocol  is  in  keeping  with  the  two  Parties’  concern  to  strengthen  partnership  and 
cooperation in the fisheries sector using all the financial instruments available.  

3. 

LEGAL ELEMENTS OF THE PROPOSAL 

This procedure relating to the Council Decision with the consent of the European Parliament 
on  the  conclusion  of  a  new  Protocol  setting  out  the  fishing  opportunities  and  financial 
contribution  provided  for  in  the  Fisheries  Partnership  Agreement  between  the  European 
Union and the Democratic Republic of São Tomé and Príncipe is initiated in parallel with the 
procedures relating to:  

-  the  Council  Decision  on  the  signing,  on  behalf  of  the  European  Union,  and  provisional 
application  of  the  Protocol  setting  out  the  fishing  opportunities  and  financial  contribution 

1 
2 

Decision No 8627/10 of 21 April 2010. 
OJ L 205, 7.8.2007, p. 59. 

EN 

2 

   EN 

                                                 
provided  for  in  the  Fisheries  Partnership  Agreement  between  the  European  Union  and  the 
Democratic Republic of São Tomé and Príncipe; and  

-  the  Council  Regulation  on  the  allocation  of  fishing  opportunities  among  the  EU  Member 
States concerned. 

4. 

BUDGETARY IMPLICATION 

The overall financial contribution under the Protocol of EUR 2 047 500 over the whole period 
is based on:  

(a)  an  annual  reference  tonnage  set  at  7 000  tonnes  for  40  vessels,  corresponding  to 
EUR 455 000 per year, and  

(b) support for the development of the sectoral fisheries policy of the Democratic Republic of 
São  Tomé  and  Príncipe,  amounting  to  EUR 227 500  per  year.  This  support  meets  the 
objectives of the national fisheries policy.  

5. 

OPTIONAL ELEMENTS 

With  regard  to  the  fishing  opportunities,  28  tuna  seiners  and  12  surface  longliners  will  be 
authorised to fish. Nevertheless, on the basis of the annual assessments of the state of stocks, 
these  fishing  opportunities  could  be  revised  upwards  or  downwards,  which  would  lead  to  a 
corresponding review of the financial contribution.  

EN 

3 

   EN 

2010/0355 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the conclusion of a new 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 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 43 in conjunction with Article 218(6)(a) thereof, 

Having regard to the proposal from the European Commission3, 

Having regard to the consent of the European Parliament4,  

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

By  Council  Regulation  (EC)  No 894/20075,  the  European  Community  concluded  a 
Fisheries  Partnership  Agreement  with  the  Democratic  Republic  of  São  Tomé  and 
Príncipe. 

The previous Protocol to the Agreement expired on 31 May 2010. 

The Union then negotiated a new Protocol to the Fisheries Partnership Agreement with 
the  Democratic  Republic  of  São  Tomé  and  Príncipe,  providing  European  Union 
vessels with fishing opportunities in the waters over which the Democratic Republic of 
São Tomé and Príncipe has sovereignty or jurisdiction in respect of fisheries.  

As a result of these negotiations, the new Protocol was initialled on 15 July 2010. 

By  Council  Decision  2010/..../EU  of  .......,  the  Protocol  to  the  Fisheries  Partnership 
Agreement with the Democratic Republic of São Tomé and Príncipe was signed and 
has applied provisionally since [...]. 

(6) 

It is in the European Union’s interest to adopt this new Protocol, 

3 
4 
5 

OJ C […], […], p. […]. 
OJ C […], […], p. […]. 
OJ L 205, 7.8.2007, p. 35. 

EN 

4 

   EN 

                                                 
HAS ADOPTED THIS DECISION:  

Article 1 

The Protocol to the Fisheries Partnership Agreement between the European Community and 
the  Democratic  Republic  of  São  Tomé  and  Príncipe,  initialled  on 15  July  2010,  is 
hereby approved on behalf of the Union6. 

The text of the Protocol is attached to this Decision. 

Article 2 

The President of the Council is hereby authorised to designate the persons empowered to give, 
on behalf of the Union, the notification provided for in Article 14 of the Protocol, in order to 
bind the European Union7. 

This Decision shall enter into force on the day following that of its publication in the Official 
Journal of the European Union. 

Article 3 

Done at 

For the Council 
The President 

6 
7 

The text of the Protocol and the Decision on its signing were published in OJ 
The date of entry into force of the Protocol will be published in the Official Journal of the European 
Union by the General Secretariat of the Council. 

EN 

5 

   EN 

 
 
                                                 
ANNEX 

Protocol 

setting out the fishing opportunities and financial  contribution provided for  in the Fisheries 
Partnership  Agreement  between  the  European  Union  and  the  Democratic  Republic  of  São 
Tomé and Príncipe  

Article 1 
Period of application and fishing opportunities 

1. 

For  a  period  of  three  years,  the  fishing  opportunities  granted  to  European  Union  vessels 
under Article 5 of the Fisheries Partnership Agreement shall be as follows: 

Highly  migratory  species  (species  listed  in  Annex  1  to  the  1982  United  Nations 
Convention on the Law of the Sea). 

– 

– 

tuna seiners: 28 vessels 

surface longliners: 12 vessels. 

2. 

Paragraph 1 shall apply subject to Articles 5, 6, 8 and 9 of this Protocol. 

Article 2 
Financial contribution – Methods of payment 

1. 

2. 

3. 

4. 

5. 

For the period referred to in Article 1, the financial contribution referred to in Article 7 of 
the Fisheries Partnership Agreement shall be EUR 2 047 500. 

The financial contribution comprises: 

(a) 

(b) 

an annual amount for access to the EEZ of São Tomé and Príncipe of EUR 455 000, 
equivalent to a reference tonnage of 7 000 tonnes per year, and  

a  specific  amount  of  EUR  227 500  per  year  to  support  the  implementation  of  the 
sectoral fisheries policy of São Tomé and Príncipe.  

Paragraph 1 shall apply subject to Articles 3, 4, 5, 8 and 9 of this Protocol and Articles 12 
and 13 of the Fisheries Partnership Agreement.  

The European Union shall pay the financial contribution referred to in paragraph 1 at the 
rate  of  EUR 682 500  per  year  during  the  period  of  application  of  this  Protocol, 
corresponding to the total of the annual amounts referred to in paragraph 2(a) and (b). 

If  the  overall  quantity  of  catches  by  European  Union  vessels  in  São  Toméan  waters 
exceeds 7 000 tonnes per year, the total amount of the annual financial contribution shall 
be  increased  by  EUR  65  for  each  additional  tonne  caught.  However,  the  total  annual 
amount paid by the European Union shall not be more than twice the amount indicated in 
paragraph  2(a).  Where  the  quantities  caught  by  European  Union  vessels  exceed  the 
quantities corresponding to twice the total annual amount, the amount due for the quantity 
exceeding that limit shall be paid the following year. 

EN 

6 

   EN 

6. 

7. 

8. 

1. 

2. 

3. 

4. 

Payment  shall  be  made  no  later  than  sixty  (60)  days  after  the  entry  into  force  of  the 
Protocol, as specified in Article 14, for the first year and no later than the anniversary date 
of this Protocol for the following years. 

The  São  Toméan  authorities  shall  have  full  discretion  regarding  the  use  to  which  the 
financial contribution referred to in paragraph 2(a) is put. 

The entire financial contribution indicated in paragraph 1 of this Article shall be paid into a 
Public Treasury account opened with the National Bank of São Tomé and Príncipe. 

Article 3 
Promotion of responsible and sustainable fishing in São Toméan waters 

No later than three (3) months after the entry into force of this Protocol, the Parties shall 
agree,  within  the  Joint  Committee  provided  for  in  Article  9  of  the  Fisheries  Partnership 
Agreement,  on  a  multiannual  sectoral  programme  and  detailed  implementing  rules,  in 
particular: 

(a) 

(b) 

annual and multiannual guidelines for using the financial contribution referred to in 
Article 2(2)(b); 

the  objectives,  both  annual  and  multiannual,  to  be  achieved  with  a  view  to 
introducing,  over  time,  responsible  and  sustainable  fishing,  taking  account  of  the 
priorities expressed by São Tomé and Príncipe in its national fisheries policy or other 
policies  relating  to  or  having  an  impact  on  the  introduction  of  responsible  and 
sustainable fishing; 

(c) 

criteria and procedures for evaluating the results obtained each year. 

Any  proposed  amendments  to  the  multiannual  sectoral  programme  must  be  approved  by 
both Parties within the Joint Committee. 

Each year, the São Toméan authorities may decide to allocate an additional amount over 
and above the share of the financial contribution referred to in Article 2(2)(b) with a view 
to implementing the multiannual programme. This allocation shall be communicated to the 
European Union no later than two (2) months before the anniversary date of this Protocol.  

Each  year,  the  two  Parties  shall  carry  out  an  evaluation  of  the  progress  made  in 
implementing the multiannual sectoral programme. Where this evaluation indicates that the 
objectives  financed  directly  by  the  part  of  the  financial  contribution  referred  to  in 
Article 2(2)(b)  of  this  Protocol  have  not  been  satisfactorily  achieved,  the  European 
Commission reserves the right to reduce that part of the financial contribution with a view 
to adjusting the amount allocated to the implementation of the Programme in line with the 
results.  

Article 4 
Scientific cooperation on responsible fishing 

1. 

The  two  Parties  hereby  undertake  to  promote  responsible  fishing  in  São  Toméan  waters 
based on the principle of non-discrimination between the different fleets operating in those 
waters. 

EN 

7 

   EN 

2. 

3. 

4. 

1. 

1. 

1. 

During  the  period  covered  by  this  Protocol,  the  European  Union  and  São  Tomé  and 
Príncipe  shall  undertake to cooperate to monitor the state of fishery resources in the São 
Toméan fishing zone. 

The  two  Parties  shall  comply  with  the  recommendations  and  resolutions  of  the 
International Commission  for the Conservation of Atlantic Tunas  (ICCAT) regarding the 
responsible management of fisheries.  

In  accordance  with  Article  4  of  the  Fisheries  Partnership  Agreement,  on  the  basis  of  the 
recommendations  and  resolutions  adopted  within  ICCAT  and  in  the  light  of  the  best 
scientific advice available, the Parties shall consult each other within the Joint Committee 
provided for in Article 9 of the Fisheries Partnership Agreement to take measures to ensure 
the  sustainable  management  of  the  fishery  resources  covered  by  this  Protocol  and 
concerning the activities of European Union vessels. 

Article 5 
Adjustment of fishing opportunities by mutual agreement 

The  fishing  opportunities  referred  to  in  Article  1  may  be  adjusted  by  mutual  agreement 
insofar  as  the  recommendations  and  resolutions  adopted  by  ICCAT  confirm  that  this 
adjustment guarantees the sustainable management of the fishery resources covered by this 
Protocol.  In  this  case,  the  financial  contribution  referred  to  in  Article  2(2)(a)  shall  be 
adjusted  proportionately  and  pro  rata  temporis.  However,  the  total  annual  amount  of  the 
financial contribution paid by the European Union shall not be more than twice the amount 
referred to in Article 2(2)(a).  

Article 6 
New fishing opportunities 

Should European Union vessels be interested in fishing activities which are not indicated 
in Article 1, the Parties shall consult each other before any authorisation is granted by the 
São  Toméan  authorities.  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. 

Article 7 
Conditions governing fishing activities – Exclusivity clause 

Without  prejudice  to  Article  6  of  the  Agreement,  fishing  vessels  flying  the  flag  of  a 
Member State of the European Union may fish in São Toméan waters only if they are in 
possession  of  a  fishing  authorisation  issued  under  this  Protocol  in  accordance  with  the 
Annex hereto. 

Article 8 
Suspension and review of the payment of the financial contribution 

1. 

The  financial  contribution,  as  referred  to  in  Article  2(2)(a)  and  (b),  may  be  revised  or 
suspended if one or more of the following conditions apply: 

(a) 

unusual  circumstances,  as  defined  in  Article  2(h)  of  the  Fisheries  Partnership 
Agreement, prevent fishing activities in the São Toméan EEZ; 

EN 

8 

   EN 

(b) 

(c) 

following significant changes in the policy guidelines which led to the conclusion of 
this Protocol, one of the two Parties requests a review of the provisions with a view 
to a possible amendment thereof; 

the  European  Union  notes  that  there  has  been  a  violation  by  the  São  Toméan 
authorities of the essential and fundamental elements of human rights as provided for 
in Article 9 of the Cotonou Agreement. 

2. 

The European Union reserves the right to suspend, partially or totally, the payment of the 
specific financial contribution provided for in Article 2(2)(b) of this Protocol:  

(a) 

if  the  results  obtained  are  inconsistent  with  the  programming,  following  an 
evaluation carried out by the Joint Committee; 

(b) 

in the event of failure to implement this financial contribution. 

3. 

Payment of the financial contribution shall resume after consultation and agreement by the 
two Parties, as soon as the situation existing prior to the events mentioned in paragraph 1 
has been re-established and/or if the results of the financial implementation referred to in 
paragraph 2 so warrant. 

Article 9  
Suspension of the implementation of the Protocol 

1. 

The implementation of this Protocol may be suspended at the initiative of one of the two 
Parties if one or more of the following conditions apply:  

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

unusual  circumstances,  as  defined  in  Article  2(h)  of  the  Fisheries  Partnership 
Agreement, prevent fishing activities in the São Toméan EEZ; 

following significant changes in the policy guidelines which led to the conclusion of 
this Protocol, one of the two Parties requests a review of the provisions with a view 
to a possible amendment thereof; 

one  of  the  two  Parties  notes  that  there  has  been  a  violation  of  the  essential  and 
fundamental  elements  of  human  rights  as  provided  for  in  Article  9  of  the  Cotonou 
Agreement; 

there is a non-payment of the financial contribution provided for in Article 2(2)(a) by 
the  European  Union,  for  reasons  other  than  those  provided  for  in  Article  8  of  this 
Protocol; 

failure to embark observers from São Tomé and Príncipe on vessels covered by this 
Protocol in accordance with Chapter V of Annex I; 

There  is  a  dispute  between  the  two  Parties  concerning  the  interpretation  of  this 
Protocol; 

One of the two Parties does not comply with the provisions of this Protocol and the 
Annex and appendices hereto. 

2. 

Implementation of the Protocol may be suspended at the initiative of one Party if it has not 
been possible to settle the dispute between the Parties in consultations held within the Joint 
Committee. 

EN 

9 

   EN 

3. 

4. 

1. 

2. 

3. 

Suspension  of  application  of  the  Protocol  shall  require  the  Party  concerned  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. Where such a 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 10 
National law 

The activities of European Union fishing vessels operating in São Toméan waters shall be 
governed by the applicable law in São Tomé and Príncipe, unless otherwise provided for in 
the Fisheries Partnership Agreement, this Protocol and the Annex and appendices hereto. 

The São Toméan authorities shall inform the European Commission of any change or any 
new legislation relating to the fishing sector. 

The European Commission shall inform the São Toméan authorities of any change or any 
new legislation relating to the fishing activities of the European Union distant-water fleet. 

Article 11 
Duration 

This  Protocol  and  the  Annex  hereto  shall  apply  for  a  period  of  three  years  from  their  provisional 
application  in  accordance  with  Articles  13  and  14,  unless  notice  of  termination  is  given  in 
accordance with Article 12. 

Article 12 
Termination 

1. 

2. 

In the event of termination of the Protocol, the Party concerned shall notify the other Party 
in writing of its intention to terminate the Protocol at least six (6) months before the date 
on which such termination would take effect. 

Dispatch  of  the  notification,  as  referred  to  in  the  previous  paragraph,  shall  open 
consultations between the Parties. 

Article 13 
Provisional application 

This Protocol shall apply provisionally from the date of signature.  

Article 14 
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. 

EN 

10 

   EN 

ANNEX 

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

CHAPTER I - APPLICATION AND ISSUE FORMALITIES FOR FISHING AUTHORISATIONS 

Section 1 
Issue of fishing authorisations 

1. 

2. 

3. 

4. 

5. 

Only  eligible  vessels  may  obtain  an  authorisation  (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  European  Union.  Furthermore,  they  must  comply  with  the  provisions  of 
Regulation (EC) No 1006/20088 on fishing authorisations. 

Any European Union vessel applying for a fishing authorisation must be represented by an 
agent resident in São Tomé and Príncipe. The name and address of that representative shall 
be stated in the fishing authorisation application. 

The relevant European Union 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 under the Fisheries Partnership Agreement at least fifteen (15) working days before 
the date of commencement of the period of validity requested. Unless otherwise agreed in 
the Joint Committee, the competent European Union authority for the purposes of applying 
this Annex is the European Union Delegation to Gabon. 

Applications shall be submitted to the Ministry responsible for fisheries on a form drawn 
up in accordance with the specimen in Appendix 1. The São Toméan authorities shall take 
all  the  necessary  steps  to  ensure  that  the  data  received  as  part  of  the  application  for  a 
fishing authorisation are treated as confidential. These data shall be used exclusively in the 
context of the implementation of the Fisheries Partnership Agreement. 

6. 

All fishing authorisation applications shall be accompanied by the following documents: 

- 

- 

proof  of  payment  of  the  flat-rate  advance  for  the  period  of  validity  of  the 
authorisation; 

any other documents or certificates required under the specific rules applicable to the 
type of vessel concerned pursuant to this Protocol. 

7. 

8. 

The  fee  shall  be  paid  into  the  account  specified  by  the  São  Toméan  authorities  in 
accordance with Article 2(8) of the Protocol. 

The fees shall include all national and local charges, with the exception of port taxes and 
service charges. 

8 

OJ L 286, 29.10.2008, p. 33. 

EN 

11 

   EN 

                                                 
9. 

10. 

11. 

12. 

13. 

14. 

Fishing authorisations for all vessels shall be issued to shipowners or their representatives 
via the European Union Delegation to Gabon within 15 working days of receipt of all the 
documents referred to in point 6 by the Ministry responsible for fisheries in São Tomé and 
Príncipe. 

If a fishing authorisation is signed at a time when the European Union Delegation offices 
are  closed,  it  shall  be  sent  directly  to  the  vessel’s  agent  and  a  copy  shall  be  sent  to  the 
Delegation. 

Fishing authorisations shall be issued for a given vessel and shall not be transferable.  

However,  at  the  request  of  the  European  Union  and  where  force  majeure  is  proven,  a 
vessel’s fishing authorisation shall be replaced by a new fishing authorisation 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 fishing 
authorisation  to  the  Ministry  responsible  for  fisheries  in  São  Tomé  and  Príncipe  via  the 
European Union Delegation to Gabon. 

The new fishing authorisation shall take effect on the day on which the cancelled fishing 
authorisation  is  returned  to  the  Ministry  responsible  for  fisheries  in  São  Tomé  and 
Príncipe. The European Union Delegation to Gabon shall be informed of the transfer of the 
fishing authorisation. 

15. 

The fishing authorisation must be kept on board at all times. 

1. 

2. 

3. 

4. 

Section 2 
Fishing authorisation conditions – fees and advance payments 

Fishing authorisations shall be valid for a period of one year. 

The  fee  for  tuna  seiners  and  surface  longliners  shall  be  set  at  EUR  35  per  tonne  caught 
within São Tomé and Príncipe’s fishing zone. 

Fishing authorisations shall be issued once the following standard fees have been paid to 
the competent national authorities: 

- 

- 

EUR 6 125 per tuna seiner, equivalent to the fees due for 175 tonnes per year; 

EUR 2 275 per surface longliner, equivalent to the fees due for 65 tonnes per year. 

The  final  statement  of  the  fees  due  for  year  n  shall  be  drawn  up  by  the  European 
Commission no later than sixty (60) days after the anniversary date of the Protocol in year 
n+1 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 
IRD  (Institut  de  Recherche  pour  le  Développement),  IEO  (Instituto  Español  de 
Oceanografía)  and  IPIMAR  (Instituto  Português  de  Investigação  Marítima),  via  the 
European Union Delegation to Gabon. 

5. 

This statement shall be sent simultaneously to the Ministry responsible for fisheries in São 
Tomé and Príncipe and to the shipowners. 

EN 

12 

   EN 

6. 

7. 

1. 

2. 

3. 

1. 

2. 

3. 

4. 

Any additional payments (for quantities caught in excess of 175 tonnes for tuna seiners and 
65 tonnes for longliners) shall be made by the shipowners to the  competent São Toméan 
national authorities no later than three (3) months after the anniversary date of the Protocol 
in the year n+1, into the account referred to in point 7 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 

European Union vessels operating in São Toméan waters under this Protocol may carry out 
their fishing activities in waters beyond 12 nautical miles from the base lines in the case of 
tuna seiners and surface longliners. 

The  coordinates  of  São  Tomé  and  Príncipe’s  Exclusive  Economic  Zone  are  given  in 
Appendix 3. 

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

CHAPTER III – MONITORING AND SURVEILLANCE 

Section 1 
System for recording catches 

The  skippers  of  all  vessels  operating  in  São  Toméan  waters  under  this  Protocol  shall  be 
required to notify their catches to the Ministry responsible for fisheries in São Tomé and 
Príncipe, so as to allow monitoring of the quantities caught, which shall be validated by the 
competent  scientific  institutes  in  accordance  with  the  procedure  referred  to  in  point  5  of 
Section 2 of Chapter I of this Annex. Catches shall be notified as follows: 

1.1.  EU  vessels  operating  in  São  Toméan  waters  under  this  Protocol  shall  fill  out  the 
logbook (Appendix 2) on daily basis for each trip in those waters. The logbook must still 
be filled in if there are no catches. 

1.2  The  skippers  of  the  vessels  shall  send  copies  of  the  logbook  to  the  Ministry 
responsible for fisheries in São Tomé and Príncipe and to the scientific institutes specified 
in point 4 of Section 2 of Chapter I. 

The  words  ‘Outside  São  Tomé  and  Príncipe’s  EEZ’  shall  be  entered  in  the  logbook  in 
respect of periods during which the vessel was not in São Toméan waters. 

The forms shall be filled in legibly and signed by the skipper of the vessel or by his or her 
legal representative. 

Where the provisions set out in this Chapter are not complied with, the Government of São 
Tomé  and  Príncipe  shall  suspend  the  fishing  authorisation  of  the  offending  vessel  until 
formalities  have  been  completed  and  impose  on  the  shipowner  the  penalty  laid  down  in 
current  São  Toméan  legislation.  The  European  Commission  and  the  flag  Member  State 
shall immediately be informed thereof. 

EN 

13 

   EN 

5. 

6. 

7. 

8. 

Declarations shall include the catches made by the vessel during each trip. They shall be 
transmitted  to  the  Ministry  responsible  for  fisheries  in  São  Tomé  and  Príncipe  by 
electronic means, with a copy to the European Commission, at the end of each trip and, in 
all cases, before the vessel leaves São Toméan waters. Electronic receipts shall be sent at 
once to the vessel by both addressees, with a copy to the other. 

The  original  of  the  declarations  relating  to  the  annual  period  of  validity  of  the  fishing 
authorisation, within the meaning of point 1 of Section 2 of Chapter I of this Annex, shall 
be transmitted on a physical medium to the Ministry responsible for fisheries in São Tomé 
and Príncipe within 45 days of the end of the last trip made during the said period. Hard 
copies shall be sent to the European Commission at the same time. 

The  two  Parties  undertake  to  make  every  effort  to  establish  and  bring  into  operation  a 
system for reporting catches based exclusively on the electronic exchange of all data: the 
two  Parties  shall  thus  plan  the  rapid  replacement  of  the  paper  version  of  catch  reporting 
with an electronic version. 

Once the electronic catch reporting system has been set up and in the event of a technical 
fault in this system, catch reports shall be made in accordance with points 5 and 6 above 
until the system is working again. 

Section 2 
Reporting of catches: entering and leaving São Toméan waters 

1. 

For the purposes of this Annex, the duration of a trip by a European Union vessel operating 
in São Toméan waters under this Protocol 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 in São Toméan waters, or 

the period elapsing between entering São Toméan waters and a landing in São Tomé 
and Príncipe. 

European Union vessels operating in São Toméan waters under this Protocol shall notify 
the competent São Toméan authorities, at least three (3) hours in advance, of their intention 
to enter or leave São Toméan waters. 

When  notifying  entry  into/exit  from  São  Tomé  and  Príncipe’s  EEZ,  vessels  shall,  at  the 
same time, also communicate their position and the catch already held on board, without 
prejudice  to  Section  2.  This  information  shall  be  communicated  by  e-mail  or  fax  to  the 
addresses and in the format set out in Appendix 4. However, the competent São Toméan 
authorities may waive this requirement for surface longliners that do not have the technical 
communication  equipment  referred  to  above  and  may  authorise  them  to  transmit  this 
information  by  radio.  The  information  should  preferably  be  communicated  by  e-mail 
(dpescas1@cstome.net)  or  fax  (++ 239  2222  828)  or,  failing  that,  by  radio  (call  sign: 
12.00 Hz from 08:00 to 10:00, and 8.634 Hz from 14:00 to 17:00). 

Vessels  found  to  be  fishing  without  having  informed  the  competent  São  Toméan 
authorities shall be regarded as vessels without a fishing authorisation and shall be subject 
to the consequences provided for under national law. 

2. 

3. 

4. 

EN 

14 

   EN 

5. 

1 

2. 

3. 

4. 

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

Section 3 
Transhipments 

All  European  Union  vessels  operating  in  São  Toméan  waters  under  this  Protocol  which 
tranship catches in São Toméan waters shall do so off São Toméan ports. 

1.1.  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 of the cargo vessels; 

the tonnage by species to be transhipped, indicating the catch zone; 

the day of transhipment; 

the beneficiary of the catches transhipped. 

Transhipment  is  authorised  only  in  the  following  areas:  Fernão  Dias,  Neves  and  Ana 
Chaves. 

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

Any transhipment of catches not covered above shall be prohibited in São Toméan waters. 
Any  person  infringing  this  provision  shall  be  liable  to  the  penalties  provided  for  by  São 
Toméan law. 

Section 4 
Satellite monitoring 

European  Union  vessels  operating  under  this  Protocol  must  be  monitored,  inter  alia,  by  the 
satellite-based  monitoring  system,  without  discrimination,  in  accordance  with  the  following 
provisions. 

1. 

2. 

3. 

For the purposes of satellite monitoring, the São Toméan authorities shall communicate the 
geographical positions of the limits of the São Toméan fishing zone to the representatives 
or agents of the shipowners and to the Control Centres of the flag States. 

Using the model provided in Appendix 4, the Parties shall exchange information on https 
addresses  and  the  specifications  for  electronic  data  transmission  between  their  Control 
Centres  in  accordance  with  points  4  and  6.  Such  information  shall  include  the  following 
where  they  exist:  names,  telephone,  telex  and  fax  numbers  and  e-mail  addresses  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%. 

EN 

15 

   EN 

4. 

5. 

6. 

7. 

8. 

When  a  European  Union  vessel  which  is  operating  in  São  Toméan  waters  under  this 
Protocol and is the subject of satellite monitoring pursuant to European Union legislation 
enters  São  Tomé  and  Príncipe’s  fishing  zone,  the  subsequent  position  reports  shall 
immediately  be  transmitted  by  the  Control  Centre  of  the  flag  State  to  São  Tomé  and 
Príncipe’s  Fisheries  Monitoring  Centre  at  intervals  of  no  more  than  two  hours.  The 
messages concerned shall be identified as position reports. 

The  messages  referred  to  in  point  4  shall  be  transmitted  electronically  in  https  format, 
without any further protocol. They shall be communicated in real time in the format set out 
in the table in Appendix 4. 

It is prohibited for vessels to turn off the satellite monitoring equipment when they 

5.1 
are operating in São Toméan waters. 

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  4  to  the  Control  Centre  of  the  flag  State  in  good  time.  In 
such circumstances, it will be necessary to send a position report every 24 hours while the 
vessel is in São Toméan waters. 

6.1  This  global  position  report  shall  include  the  hourly  positions  as  recorded  by  the 
skipper of that vessel during those 24 hours. 

6.2  The Control Centre of the flag State or the vessel itself must forward these messages 
to São Tomé and Príncipe’s Fisheries Monitoring Centre without delay. 

In  case  of  need  or  doubt,  the  competent  São  Toméan  authorities  may  request 

6.3 
additional information from the Control Centre of the flag State about a particular vessel. 

The defective equipment shall be repaired or replaced as soon as the vessel completes its 
fishing trip and, in any case, within one month at the latest. After this deadline, the vessel 
in  question  may  not  undertake  any  further  fishing  trips  until  the  equipment  has  been 
repaired or replaced. 

The  satellite  monitoring  system’s  software  and  hardware  components  shall  be 
tamper-proof, i.e. they must not permit the input or output of false positions or be capable 
of  being  manipulated.  The  system  shall  be  fully  automatic  and  operational  at  all  times 
regardless  of  environmental  conditions.  Destroying,  damaging,  rendering  inoperative  or 
tampering with the satellite monitoring system shall be prohibited. 

8.1  The skipper of the vessel must ensure in particular that: 

- 

- 

- 

- 

- 

data are not altered in any way; 

the  antenna  or  antennas  connected  to  the  satellite  monitoring  equipment  are  not 
obstructed in any way; 

the power supply of the satellite monitoring equipment is not interrupted in any way; 

the vessel tracking device is not removed from the vessel or from the place where it 
was originally installed; 

any  replacement  of  the  vessel  tracking  device  shall  immediately  be  notified  to  the 
competent São Toméan authorities. 

EN 

16 

   EN 

9. 

10. 

11. 

12. 

13. 

14. 

8.2  Any  violation  of  the  above-mentioned  requirements  may  make  the  skipper  and  the 
shipowner liable under the laws and regulations of São Tomé and Príncipe, provided that 
the vessel is operating in São Toméan waters. 

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  Fisheries  Monitoring  Centre  shall  be  informed 
immediately and the procedure laid down in point 6 shall apply. 

The Control Centres of the flag States and São Tomé and Príncipe’s Fisheries Monitoring 
Centre must cooperate to ensure the implementation of these provisions. If São Tomé and 
Príncipe’s Fisheries Monitoring Centre establishes that a flag State is not transmitting the 
data  in  accordance  with  point  4,  the  other  Party  must  be  informed  immediately.  Upon 
receipt of notification, the latter must respond within 24 hours by informing São Tomé and 
Príncipe’s  Fisheries  Monitoring  Centre  of  the  reasons  for  non-transmission  and  stating  a 
reasonable  deadline  for  complying  with  these  provisions.  If  these  provisions  are  not 
complied with within the time limit set, the two Parties shall resolve the dispute in writing 
or as provided for in point 14 below. 

The monitoring data communicated to the other Party in accordance with these provisions 
shall be intended solely for the purposes of the São Toméan authorities in controlling and 
monitoring  the  European  Union  fleet  fishing  under  the  Fisheries  Partnership  Agreement. 
Such data may not, under any circumstances, be communicated to third parties. 

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. 

The Parties agree to review these provisions where appropriate, in particular in the event of 
a  malfunction  or  anomaly  relating  to  the  vessels.  These  cases  should  be  notified  by  the 
competent  São  Toméan  authority  to  the  flag  State  at  least  15  days  before  the  review 
meeting. 

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 Fisheries Partnership Agreement. 

CHAPTER IV – EMBARKING SEAMEN 

1. 

Owners of tuna vessels 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 the third country shall be of São Toméan or 
possibly 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  the  third  country  shall  be  of  São  Toméan  or 
possibly ACP origin. 

2. 

Shipowners shall endeavour to sign on additional seamen of São Toméan origin. 

EN 

17 

   EN 

3. 

4. 

5. 

6. 

7. 

8. 

9. 

Shipowners  shall  be  free  to  select  the  seamen  they  take  on  board  their  vessels  from  the 
names on a list of able and qualified seamen available from the São Toméan agents. 

The  shipowner  or  his  or  her  representative  shall  inform  the  competent  São  Toméan 
authorities  of  the  names  of  the  seamen  taken  on  board  the  vessel  concerned,  mentioning 
their position in the crew. 

The  International  Labour  Organisation  (ILO)  Declaration  on  Fundamental  Principles  and 
Rights  at  Work  shall  apply  as  of  right  to  seamen  signed  on  by  European  Union  vessels. 
This concerns in particular the freedom of association and the effective recognition of the 
right  to  collective  bargaining,  and  the  elimination  of  discrimination  in  respect  of 
employment and occupation. 

The  employment  contracts  of  São  Toméan  and  ACP  seamen,  a  copy  of  which  shall  be 
given  to  the  Ministry  of  Labour,  the  Ministry  of  Fisheries  and  the  signatories  of  the 
contracts,  shall  be  drawn  up  between  the  shipowners’  representative(s)  and  the  seamen 
and/or their trade unions or representatives. These contracts shall guarantee the seamen the 
social  security  cover  applicable  to  them,  in  accordance  with  the  applicable  legislation, 
including life assurance and sickness and accident insurance. 

The wages of the seamen shall be paid by the shipowners. They shall be fixed by mutual 
agreement  between  the  shipowners  or  their  representatives  and  the  seamen  and/or  their 
trade unions or representatives. However, the wage conditions granted to the 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  European  Union  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. 

Where  no  São  Toméan  or  ACP  seamen  are  taken  on  board  for  reasons  other  than  that 
referred to in the previous point, shipowners shall be required to pay, for each day of the 
fishing trip in São Toméan waters, a flat-rate amount of EUR 20 per day and per vessel. 
The payment of this amount shall take place within the time limits laid down in point 4 of 
Section 2 of Chapter I of this Annex. 

10. 

This  sum  shall  be  used  for  training  ACP  deep-sea  fishermen  and  shall  be  paid  into  the 
account specified by the São Toméan authorities. 

CHAPTER V – OBSERVERS 

1. 

European Union vessels operating in São Toméan waters under this Protocol shall take on 
board  observers  appointed  by  the  Ministry  responsible  for  fisheries  in  São  Tomé  and 
Príncipe on the terms set out below: 

1.1  At  the  request  of  the  competent  São  Toméan  authorities,  European  Union  vessels 
shall  take  on  board  an  observer  designated  by  the  former  to  check  catches  made  in  São 
Toméan waters.  

1.2  The  competent  São  Toméan  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 

EN 

18 

   EN 

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  São  Toméan  authorities  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  fishing  authorisation  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,  depending  on  the  average  trip  duration  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. 

Observers  shall  embark  and  disembark  at  a  port  chosen  by  the  shipowner.  Embarkation 
shall take place 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  embark  and 
disembark the observers. 

Where observers are taken on board in a country other than São Tomé and Príncipe, their 
travel  costs  shall  be  borne  by  the  shipowner.  Should  a  vessel  with  an  observer  on  board 
leave  São  Tomé  and  Príncipe’s  fishing  zone,  all  measures  must  be  taken  to  ensure  the 
observer’s  return  to  São  Tomé  and  Príncipe  as  soon  as  possible  at  the  expense  of  the 
shipowner. 

If  the  observer  is  not  present  at  the  time  and  place  agreed  or  within  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. When the vessel is 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  note the fishing gear used; 

2. 

3. 

4. 

5. 

6. 

7. 

8. 

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

8.5  verify the percentages of by-catches and estimate the quantity of discards of species 
of marketable fish; 

report fishing data, including the quantity of catches and by-catches on board, to their 

8.6 
competent authority by any appropriate means. 

9. 

Skippers  shall  do  everything  in  their  power  to  ensure  the  physical  safety  and  welfare  of 
observers during performance of their duties. 

EN 

19 

   EN 

10 

Observers  shall  be  offered  every  facility  needed  to  carry  out  their  duties.  Skippers  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. 

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; 

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 São Toméan 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 providing board and accommodation for observers in the 
same conditions as for officers, within the confines of the practical possibilities offered by 
the vessel. 

The  salary  and  social  contributions  of  the  observer  shall  be  borne  by  São  Tomé  and 
Príncipe. 

12. 

13. 

14. 

CHAPTER VI – MONITORING 

European fishing vessels shall comply with the measures and recommendations adopted by ICCAT 
with regard to fishing gear and the technical specifications thereof and all other technical measures 
applicable to their fishing activities. 

1. 

List of vessels 

1.1.  The  European  Union  shall  keep  an  up-to-date  draft  list  of  the  vessels  to  which  a 
fishing authorisation (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. 

2. 

Monitoring procedures 

2.1  Skippers of authorised European Union vessels engaged in fishing activities in São 
Toméan waters shall allow and facilitate boarding and the discharge of their duties by São 
Toméan officials responsible for the inspection and control of fishing activities. 

2.2.  These officials shall remain on board only as long as is necessary for the discharge of 
their duties. 

2.3.  Once  the  inspection  and  monitoring  has  been  completed,  a  copy  of  the  inspection 
report  shall  be  provided  to  the  skipper  of  the  vessel  and  to  the  European  Commission 
Delegation to Gabon. 

EN 

20 

   EN 

2.4.  In order to facilitate safe inspection procedures and without prejudice to São Toméan 
legislation, monitoring must be carried out in such a way that the inspection platforms and 
the inspectors are identified as officers authorised by São Tomé and Príncipe. 

2.5  Skippers of European Union vessels engaged in transhipment operations in the zones 
of São Tomé and Príncipe referred to in point 2 of Section 3 of Chapter III shall allow and 
facilitate the inspection of such operations by São Toméan inspectors. 

CHAPTER VII – INFRINGEMENTS 

1.1 

1.2 

The  competent  São  Toméan  authorities  shall  inform  the  flag  State  and  the  European 
Commission,  within  a  maximum  of  24  hours,  of  any  inspection  that  revealed  an 
infringement by a European Union vessel. 

The flag State and the European Commission shall, at the same time, receive a brief report 
of the circumstances and reasons that led to the finding. 

2. 

Statement of inspection 

2.1  After the competent São Toméan authorities have drawn up a statement, the skipper 
of the vessel shall sign it. 

2.2  This signature shall not prejudice the rights of the skipper or any defence which the 
skipper may make against the presumed infringement. 

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

3. 

Consultation meeting in the event of infringement 

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

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

4. 

Settlement of boarding 

4.1.  Before any judicial proceedings, with the exception of cases under criminal law, an 
attempt  shall  be  made  to  resolve  the  presumed  infringement  by  means  of  an  amicable 
settlement. This procedure shall end no later than three working days after the boarding. 

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

4.3.  If the case cannot be settled by amicable procedure and has to be brought before a 
competent judicial body, a bank security set to take account of the boarding costs and the 

EN 

21 

   EN 

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. 

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

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

- 

- 

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

when the bank security referred to in point 4.3 has been lodged and accepted 
by  the  competent  São  Toméan  authorities,  pending  completion  of  the  legal 
proceedings. 

APPENDICES 

1 – Application form for a fishing authorisation 

2 – Logbook 

3 – Coordinates of the zone in which fishing is prohibited 

4 – Communication of VMS messages to São Tomé and Príncipe 

5 – Limits of São Tomé and Príncipe’s EEZ – coordinates of the EEZ 

6 – Contact details of São Tomé and Príncipe’s FMC 

7 – Contact details of the FMCs of the European Union Member States concerned by the Protocol 
to the Fisheries Partnership Agreement 

EN 

22 

   EN 

Appendix 1 

MINISTRY RESPONSIBLE FOR FISHERIES IN SÃO TOMÉ AND PRÍNCIPE 

APPLICATION FOR FISHING AUTHORISATION 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. 

Beam:  

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:  

24. 

Call sign: 

EN 

23 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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 

24 

   EN 

 
 
 
 
 
Appendix 2 
LOGBOOK  

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

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

Vessel DEPARTED: 

Month  Day

Year 

Port 

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

Skipper: ………………………………………………………....

(Reported by):

Vessel 
RETURNED: 

No of days at sea: 

No of fishing days: 

No of sets made: 

Trip number: 

Longline 

Live bait 

Purse seine 

Trawl 
Outros (Others) 

Date 

Sector 

Month  Day 

Surface 
water 
temp 
(ºC) 

S
/
N
e
d
u
t
i
t
a
L

/

W
E
e
d
u
t
i
g
n
o
L

Fishing effort 

Bluefin tuna 

No of hooks 
used 

Thunnus 
thynnus or 
maccoyii  
  No  Weight kg

Capturas (Catches) 

Isco usado na pesca 
(Bait used) 

Yellowfin 
tuna 

(Bigeye tuna)

(Albacore) 

(Swordfish) 

(Strip marlin) 
(White marlin) 

(Black marlin)

(Sailfish) 

(Skipjack) 

Thunnus 
albacares
No 
kg

Thunnus 
obesus 
kg 

No 

Thunnus 
alalunga 
No 
kg

Xiphias 
gladius 
kg 
No 

Tetraptunus 
audax or albidus 
kg 
No 

Makaira 
indica 
No 
kg

Istiophorus albicans 
or platypterus 
kg 
No 

Katsuwonus 
pelamis 
kg 

No 

(Miscellaneous fish)

Daily total

y
r
u
a
S

d
i
u
q
S

t
i
a
b
e
v
i
L

(Other) 

No 

kg 

(weight in kg 
only) 
kg

No

LANDING WEIGHT (IN KG) 
Notes 
1 – Use one sheet per month and one line per day. 

  3 – ‘Day’ refers to the day you set the line. 

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

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

5  -  The  last  line  (landing  weight)  should  be  completed  only  at  the  end  of  the  trip.  Actual 
weight at the time of unloading should be recorded. 
6 - All information reported herein will be kept strictly confidential. 

EN 

25 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
   
 
 
 
Appendix 3 

EN 

26 

   EN 

 
COMMUNICATION OF VMS MESSAGES TO SÃO TOMÉ AND PRÍNCIPE 

Appendix 4 

Table II - FORMAT OF VMS DATA  

Data Element 

Code  

Comments 

Start record 

Addressee 

From 

Flag State 

Type of message 

Radio call sign 

SR 

AD 

FR 

FS 

TM 

RC 

System detail – indicates start of record 

Message detail – addressee. Alpha-3 ISO country code 

Message detail – sender. Alpha-3 ISO country code 

Message detail – message type ‘POS’  

Vessel detail – international radio call sign of vessel 

Contracting Party internal 
reference number 

IR 

Vessel  detail  – unique  Contracting  Party  number  (flag 
State ISO-3 code followed by number) 

External registration 
number 

Latitude 

Longitude 

Course 

Speed 

Date 

Time 

End record 

XR 

LA 

LO 

CO 

SP 

DA 

TI 

ER 

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 DDD.ddd (WGS-84) 

Vessel course 360° scale 

Vessel speed in tenths of knots  

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

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

System detail - indicates end of record 

Character set: ISO 8859.1 

Each data transmission is structured as follows: 

– 

– 

EN 

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

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

27 

   EN 

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

Format for communication of catches and fishing vessel reports  

‘Catch on entry to the EEZ’ report 

‘Catch on transhipment’ report 

‘Catch on exit from the EEZ’ report 

EN 

28 

   EN 

 
Appendix 5 

LIMITS OF SÃO TOMÉ AND PRÍNCIPE’S EEZ 

COORDINATES OF THE EEZ 

http://www.un.org/Depts/los/LEGISLATIONANDTREATIES/losic/losic9ef.pdf 

EN 

29 

   EN 

 
Appendix 6 

CONTACT DETAILS OF SÃO TOMÉ AND PRÍNCIPE’S FMC 

Name of FMC: 

VMS Tel.: 

VMS Fax: 

VMS e-mail: 

DSPG Tel.: 

DSPG Fax: 

Address X25 = 

Declaration of entries/exits: 

EN 

30 

   EN 

 
 
Appendix 7 

CONTACT DETAILS OF THE FMCs OF THE EUROPEAN UNION MEMBER 
STATES CONCERNED BY THE PROTOCOL TO THE EU/SÃO TOMÉ AND 
PRÍNCIPE FISHERIES PARTNERSHIP AGREEMENT 

EN 

31 

   EN 

 
LEGISLATIVE FINANCIAL STATEMENT FOR PROPOSALS 

1. 

FRAMEWORK OF THE PROPOSAL/INITIATIVE 

1.1.  Title of the proposal/initiative 

1.2.  Policy area(s) concerned in the ABM/ABB structure 

1.3.  Nature of the proposal/initiative 

1.4.  Objective(s) 

1.5.  Grounds for the proposal/initiative 

1.6.  Duration and financial impact 

1.7.  Management mode(s) envisaged 

2. 

MANAGEMENT MEASURES 

2.1.  Monitoring and reporting rules 

2.2.  Management and control system 

2.3.  Measures to prevent fraud and irregularities 

3. 

ESTIMATED FINANCIAL IMPACT OF THE PROPOSAL/INITIATIVE 

3.1.  Heading(s) of the multiannual financial framework and expenditure budget line(s) 
affected 

3.2.  Estimated impact on expenditure 

3.2.1. Summary of estimated impact on expenditure 

3.2.2. Estimated impact on operational appropriations 

3.2.3. Estimated impact on appropriations of an administrative nature 

3.2.4. Compatibility with the current multiannual financial framework 

3.2.5. Third-party contributions 

3.3.  Estimated impact on revenue 

EN 

32 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
1. 

FRAMEWORK OF THE PROPOSAL/INITIATIVE 

1.1. 

Title of the proposal/initiative 

Proposal  for  a  Council  Decision  on  the  conclusion  of  a  new  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 

1.2. 

Policy area(s) concerned in the ABM/ABB structure9 

11. – Maritime Affairs and Fisheries 

11.03 – International fisheries and law of the sea 

1.3. 

Nature of the proposal/initiative 

(cid:133) The proposal/initiative relates to a new action 

(cid:133) The proposal/initiative relates to a new action following a pilot project/preparatory action10 

X The proposal/initiative relates to the extension of an existing action 

(cid:133) The proposal/initiative relates to an action redirected towards a new action 

1.4. 

Objectives 

1.4.1.  The Commission’s multiannual strategic objective(s) targeted by the proposal/initiative 

The  Commission’s  exclusive  responsibility  for  negotiating  bilateral  fisheries  agreements 
involves negotiating, concluding and implementing Fisheries Partnership Agreements (FPAs) 
and,  at  the  same  time,  ensuring  political  dialogue  between  partners  in  the  field  of  fisheries 
policy in the third countries concerned.  

The negotiation and conclusion of fisheries agreements with third countries meets the general 
objective of maintaining and safeguarding the fishing activities of the European Union fleet, 
including the distant-water fleet, and developing relations in a spirit of partnership with a view 
to  strengthening  the  sustainable  exploitation  of  fishery  resources  outside  EU  waters,  taking 
account of environmental, social and economic concerns.  

FPAs  also ensure coherence between the principles governing the Common Fisheries Policy 
and  the  commitments  made  in  other  European  policies  (sustainable  use  of  third-country 
resources, combating illegal, unreported and unregulated (IUU) fishing, integration of partner 
countries into the global economy and better political and financial governance of fisheries). 

9 
10 

ABM: activity-based management – ABB: activity-based budgeting. 
As referred to in Article 49(6)(a) or (b) of the Financial Regulation. 

EN 

33 

   EN 

 
                                                 
1.4.2. 

Specific objective(s) and ABM/ABB activity(ies) concerned 

Specific objective No 111 

To  contribute  to  sustainable  fishing  in  non-EU  waters,  maintain  a  European  presence  in 
distant-water  fisheries  and  protect  the  interests  of  the  European  fisheries  sector  and  of 
consumers by negotiating and concluding fisheries partnership agreements with coastal states 
(third countries), in line with other European policies.  

In the specific case of the new Protocol with the Republic of São Tomé and Príncipe, the catch 
level for the European tuna fleet has been set at a reference tonnage of 7 000 tonnes/year. The 
unit cost has been set at EUR 100/t, of which EUR 65/t is to be paid from the EU budget and 
EUR 35/t is to be borne by the operators. 

ABM/ABB activity(ies) concerned 

Maritime affairs and fisheries, international fisheries and law of the sea, international fisheries 
agreements (budget line 11.0301) 

1.4.3.  Expected result(s) and impact 

Specify  the  effects  which  the  proposal/initiative  should  have  on  the  beneficiaries/groups 
targeted. 

1. The conclusion of the Fisheries Protocol between the EU and São Tomé and Príncipe helps 
to  maintain  the  current  level  of  fishing  opportunities  for  European  vessels  in  third-country 
waters for the period 2011-13, particularly as regards the tuna fleet. The Protocol contributes 
to maintaining continuity in the fishing zones covered by agreements in the Gulf of Guinea.  

2. The Protocol also contributes to better management and conservation of fishery resources, 
through financial support (sectoral support) for the implementation of annual and multiannual 
programmes adopted at national level by the partner country.  

1.4.4. 

Indicators of results and impact 

Specify the indicators for monitoring implementation of the proposal/initiative.  

The following indicators will be used in the context of ABM (activity-based management) for 
the purposes of monitoring implementation of the Agreement:  

-  monitoring  the  annual  rate  of  utilisation  of  fishing  opportunities  (annual  uptake  of  fishing 
authorisations as a percentage of availability under the Protocol); 

-  gathering  and  analysing  data  on  catches  and  the  commercial  value  of  the  Agreement  (the 
tonnage caught and its annual development in comparison with the reference tonnage set in the 
Protocol). 

11 

NB:  In  the  activity  statements  drawn  up  for  the  2010  budget,  this  is  specific  objective  No  2;  see  ref. 
http://www.cc.cec/budg/bud/proc/adopt/_doc/_pdf/2010/apb2010-working-documents-part1-11-mare.pdf 

EN 

34 

   EN 

 
                                                 
In  aggregate  with  other  fisheries  partnership  agreements  concluded  by  the  EU  with  third 
countries, the following indicators may be used as part of a multiannual analysis: 

- contribution to employment and to added value in the EU; 

- contribution to stabilising the EU market. 

Furthermore, within the framework of partnership  dialogue, use of the following monitoring 
indicator is also proposed: 

- number of technical meetings and meetings of the Joint Committee. 

1.5. 

Grounds for the proposal/initiative 

1.5.1.  Requirement(s) to be met in the short or long term 

The  Protocol  to  the  Fisheries  Agreement  between  the  European  Community  and  the 
Democratic  Republic  of  São  Tomé  and  Príncipe  for  the  period  2006-10  expired  on  31 May 
2010.  The  new  Protocol  should  cover  the  period  2011-13,  provided  that  the  procedure  for 
adopting  the  Council  Decision  on  the  provisional  application  of  the  Protocol,  launched  in 
parallel with this procedure, is completed as soon as possible. 

The new Protocol will make it possible to provide a framework for the fishing activities of the 
European fleet and will, in particular, allow shipowners to obtain fishing authorisations in the 
São Toméan EEZ from 2011. 

Furthermore, one of the objectives of the new Protocol is to strengthen cooperation between 
the EU and São Tomé and Príncipe with a view to promoting the development of a sustainable 
fisheries  policy  and  the  rational  exploitation  of  fishery  resources  in  the  São  Toméan  fishing 
zone.  

The main elements of the new Protocol are: 

- 
Fishing opportunities: 28 tuna seiners and 12 longliners will be authorised to fish, with 
an  annual  reference  tonnage  of  7 000 tonnes.  The  allocation  of  these  fishing  opportunities 
among  the  Member  States  concerned  is  the  subject  of  a  proposal  for  a  specific  Council 
Regulation.  

- 

Annual financial contribution: EUR 682 500 

Advances and fees payable by shipowners12: EUR 35 per tonne of tuna caught in the São 
- 
Toméan  fishing  zone.  The  annual  advances  are  fixed  at  EUR 6 625 per  tuna  seiner  and 
EUR 2 275 per longliner.  

12 

Advances and fees payable by shipowners have no impact on the Community budget. 

EN 

35 

   EN 

 
                                                 
1.5.2.  Added value of EU involvement 

As  regards  this  new  Protocol,  failure  to  act  by  the  EU  would  allow  private  agreements  to 
spring  up  which  would  not  guarantee  sustainable  fisheries.  The  European  Union  also  hopes 
that, with this Protocol, the Democratic Republic of São Tomé and Príncipe will continue to 
cooperate effectively with the EU in regional bodies such as the International Commission for 
the Conservation of Atlantic Tunas (ICCAT). 

The funds available under the Protocol will also allow São Tomé and Príncipe to continue its 
strategic planning efforts for the implementation of its fisheries policies and to strengthen its 
capacity  for  combating  IUU  fishing,  in  particular  by  improving  its  infrastructure  for 
monitoring and control of fishing activities in its Exclusive Economic Zone (EEZ). 

The Fisheries Agreement also creates jobs for seamen from the European Union and the third 
country. Moreover, the Fisheries Agreement guarantees a substantial share of resources to the 
sectoral  fisheries  policy  in  the  archipelago  state.  As  a  result  of  this  Fisheries  Agreement, 
monitoring, control and surveillance activities will also be strengthened. 

1.5.3.  Lessons learned from similar experiences in the past 

With  the  assistance  of  a  consortium  of  independent  consultants,  a  thorough  evaluation  was 
carried  out  on  the  Protocol  for  2006-10,  ending  in  May  2010,  with  a  view  to  the  launch  of 
negotiations on a new Protocol.  

The ex-ante evaluation identified the following points of interest for the EU: 

- 

- 

By meeting the needs of the European fleets, the fisheries agreement with São Tomé and 
Príncipe could help support the viability of the EU tuna industry in the Atlantic Ocean. 

The  Protocol  is  deemed  to  be  capable  of  contributing  to  the  viability  of  European 
industries by offering European Union vessels and the industries which depend on them 
a stable legal environment and medium-term visibility.  

As  regards  the  interests  of  São  Tomé  and  Príncipe  in  the  context  of  the  Protocol,  the 
conclusions of the evaluation were as follows: 

– 

– 

The  Fisheries  Agreement  can  help  strengthen  institutional  capacities  in  the  fisheries 
sector by improving research, and monitoring, control and surveillance (MCS) activities, 
as well as training and the viability of the small-scale fishing sector. 

The Fisheries Agreement will also have a major impact on the country’s budgetary and 
political stability. 

In  addition  to  the  direct  commercial  value  of  the  catches  for  the  vessels  involved,  the 
agreement could yield the following manifest benefits: 

- 

- 

guaranteed jobs on board fishing vessels; 

multiplier  effect  on  employment  in  ports,  auction  markets,  processing  factories, 
shipyards, service enterprises, etc.; 

EN 

36 

   EN 

 
- 

- 

location of these jobs in regions where there are no other employment possibilities; 

contribution to the supply of fish to the EU. 

The evaluation report13 indicates that the Agreement makes a positive contribution towards the 
presence of tuna seiners, but has only a very minor impact on the presence of longliners. The 
contribution of the agreement to making the activities of the EU fleet secure has proved to be 
important for the tuna segment, even if catches can only be made for a few months of the year.  

The new Agreement has taken these recommendations into account by confirming the granting 
of  fishing  authorisations  to  the  tuna  category  alone.  Furthermore,  in  comparison  with  the 
previous Protocol, fishing opportunities for the longline segment have been reduced from 18 
to  12,  taking  into  account  the  historical  rates  of  utilisation  for  this  category  in  recent  years. 
Moreover, there has been a slight increase in the number of licences available for seiners as a 
category in order to mitigate the recent migration of some operators from the Indian Ocean to 
the Atlantic Ocean as a result of the phenomenon of piracy. 

It  was  also  necessary  to  reduce  the  reference  tonnage  (from  8 500  to  7 000  tonnes/year)  to 
better  reflect  trends  in  recent  years.  Nevertheless,  taking  account  of  needs  in  the  fisheries 
sector in the Republic of São Tomé and Príncipe, the budget allocated to sectoral support has 
increased in comparison with the previous Protocol.  

Overall,  the  annual  financial  contribution  has  increased  by  EUR 19 500  (+  2.94%)  in 
comparison with the previous Protocol (2006-10). 

1.5.4.  Coherence and possible synergy with other relevant instruments 

Funds  paid  out  under  fisheries  partnership  agreements  constitute  fungible  revenue  in  the 
budgets of third-country partners. However, allocating some of those funds for implementing 
measures  as  part  of  the  country’s  sectoral  policy  is  a  condition  for  the  conclusion  and 
monitoring of FPAs. These financial resources are compatible with other sources of funding 
from other international donors for carrying out projects and/or programmes at national level 
in  the  fisheries  sector.  Other  measures  possibly  part-financed  by  the  EDF  could  also  be 
compatible  with  those  identified  as  part  of  the  annual  and  multiannual  planning  of  the 
country’s  sectoral  policy,  in  which  case  the  progress  towards  implementation  each  year,  as 
referred to in paragraph 2.1 below, will be analysed globally. 

13 

Ex-post evaluation of the 2006-10 Protocol and ex-ante evaluation of the future Protocol. 

EN 

37 

   EN 

 
                                                 
1.6. 

Duration and financial impact 

X 

Proposal/initiative of limited duration 

X 
Proposal/initiative in force for a period of three years from the adoption of the Council 
Decision on the signing, on behalf of the European Union, and 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 

X 

Financial impact from 2011 to 2013 

(cid:133) Proposal/initiative of unlimited duration 

–  Implementation with a start-up period from [YYYY] to [YYYY], 

–  followed by full-scale operation. 

1.7.  Management mode(s) envisaged14 

X Centralised direct management by the Commission 

(cid:133) Centralised indirect management with the delegation of implementation tasks to: 

–  (cid:133) executive agencies 

–  (cid:133) bodies set up by the Communities15 

–  (cid:133) national public-sector bodies/bodies with a public-service mission 

–  (cid:133) persons entrusted with the implementation of specific actions pursuant to Title V of the 
Treaty  on  European  Union  and  identified  in  the  relevant  basic  act  within  the  meaning  of 
Article 49 of the Financial Regulation 

(cid:133) Shared management with the Member States 

(cid:133) Decentralised management with third countries 

(cid:133) Joint management with international organisations (to be specified) 

If  more  than  one  management  mode  is  indicated,  please  provide  details  in  the  ‘Comments’ 
section. 

Comments 

[…] 

14 

15 

Details  of  management  modes  and  references  to  the  Financial  Regulation  may  be  found  on  the  BudgWeb  site: 
http://www.cc.cec/budg/man/budgmanag/budgmanag_en.html 
As referred to in Article 185 of the Financial Regulation. 

EN 

38 

   EN 

 
                                                 
2. 

MANAGEMENT MEASURES 

2.1.  Monitoring and reporting rules 

Specify frequency and conditions. 

The Commission (DG MARE, in collaboration with the European Union Delegation to Gabon, 
which  is  also  responsible  for  São  Tomé  and  Príncipe)  will  ensure  regular  monitoring  of  the 
implementation  of  this  Protocol,  particularly  in  terms  of  operators’  utilisation  of  fishing 
opportunities and in terms of catch data.  

Furthermore, the Fisheries Partnership Agreement provides for at least one annual meeting of 
the Joint Committee, at which the Commission and the Member States concerned meet with 
the third country to review the implementation of the Agreement and the Protocol thereto. 

As regards the implementation of sectoral support, the Protocol stipulates that, each year, the 
two  Parties  must  evaluate  the  progress  made  in  implementing  the  multiannual  sectoral 
programme.  The  Protocol  provides  for  a  possible  adjustment  of  the  financial  contribution 
allocated to sectoral support if this evaluation reveals that the financed objectives are not being 
satisfactorily achieved.  

2.2.  Management and control system 

2.2.1.  Risk(s) identified 

There  is  some  risk  in  setting  up  a  fisheries  protocol,  for  example:  the  amounts  intended  to 
finance the sectoral fisheries policy might not be allocated as agreed (under-programming).  

2.2.2.  Control method(s) envisaged 

To  avoid  the  risks  mentioned  in  the  previous  point,  extensive  dialogue  is  planned  on  the 
programming and implementation of the sectoral policy. Joint analysis of progress, as referred 
to in paragraph 2.1, also forms part of these control methods. 

In addition, the Protocol contains specific clauses for its suspension, on certain conditions and 
in given circumstances. 

2.3.  Measures to prevent fraud and irregularities 

Specify existing or envisaged prevention and protection measures. 

The  use  to  which  the  financial  contribution  paid  by  the  EU  under  the  Agreement  is  put  is 
entirely  at  the  discretion  of  the  sovereign  third  country  concerned.  Nevertheless,  the 
Commission undertakes to try to establish permanent political dialogue and cooperation with a 
view to improving the management of the Agreement and strengthening the EU’s contribution 
to the sustainable management of resources. In any case, any payment which the Commission 
makes under a fisheries agreement is subject to its standard rules and budgetary and financial 
procedures.  This  makes  it  possible,  in  particular,  to  fully  identify  the  bank  accounts  of  the 
third  countries  into  which  the  financial  contribution  is  paid.  For  this  particular  Protocol, 

EN 

39 

   EN 

 
Article 2(8) stipulates that the entire financial contribution must be paid into a Public Treasury 
account opened with the National Bank of São Tomé and Príncipe. 

EN 

40 

   EN 

 
3. 

3.1. 

Heading 
of 
multiann
ual 
financial 
framewor
k 

ESTIMATED FINANCIAL IMPACT OF THE PROPOSAL/INITIATIVE 

Heading(s)  of  the  multiannual  financial  framework  and  expenditure  budget  line(s) 
affected 

•  Existing expenditure budget lines 

In order of multiannual financial framework headings and budget lines. 

Budget line 

Type of 
expenditure

Contribution 

Number  
[Description………………………………
………...] 

DA/NDA
16 

from 
EFTA 
countrie
s17 

from 
candidate 
countries
18 

from 
third 
countries

the 
of 

within 
meaning 
Article 
18(1)(aa) 
of 
the  Financial 
Regulation 

11.0301 

2 

International fisheries agreements 

•  New budget lines requested  

(not applicable) 

DA 

NO 

NO 

NO 

NO 

In order of multiannual financial framework headings and budget lines. 

Budget line 

Type of 
expenditure

Contribution 

Number  
[Heading…………………………………
……...] 

DA/NDA

from 
EFTA 
countrie
s 

from 
candidate 
countries 

from 
third 
countrie
s 

the 
of 

within 
meaning 
Article 
of 
18(1)(aa) 
the  Financial 
Regulation 

Heading 
of 
multiann
ual 
financial 
framewor
k 

[XX.YY.YY.YY] 

[…] 

[…] 

[…] 

YES/NO YES/NO  YES/NO YES/NO 

16 
17 
18 

DA= Differentiated appropriations / NDA= Non-differentiated appropriations. 
EFTA: European Free Trade Association. 
Candidate countries and, where applicable, potential candidate countries from the Western Balkans. 

EN 

41 

   EN 

 
                                                 
3.2. 

Estimated impact on expenditure 

3.2.1. 

Summary of estimated impact on expenditure 

Heading of multiannual financial framework:  

2 

Preservation and management of natural resources 

EUR million (to four decimal places) 

DG: MARE 

(cid:121) Operational appropriations 

Number of budget line: 11.0301 

Number of budget line:  

Appropriations 

(cid:121) 
 from the envelope of specific programmes20 
Number of budget line:  

an 

of 

TOTAL appropriations 
for DG MARE 

Year 
N19 
(2011) 

Year 
N+1 
(2012) 

Year 
N+2 
(2013) 

Year 
N+3 

Enter  as  many  years  as  necessary  to 
show the duration of the impact (see 
point 1.6) 

TOTAL 

0,6825 

0,6825 

0,6825 

0,6825 

0,6825 

0,6825 

Commitments 

Payments 

Commitments 

Payments 

(1) 

(2) 

(1a) 

(2a) 

administrative 

nature 

financed

Commitments 

Payments 

(3) 

=1+1a 
+3 

=2+2a 

+3 

0,6825 

0,6825 

0,6825 

0,6825 

0,6825 

0,6825 

2,0475 

2,0475 

2,0475 

2,0475 

19 
20 

EN 

Year N is the year in which implementation of the proposal/initiative starts. 
Technical and/or administrative assistance and expenditure in support of the implementation of EU programmes and/or actions (former ‘BA’ lines), indirect research, direct 
research. 

42 

E

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
(cid:121) TOTAL operational appropriations21 

Commitments 

Payments 

(4) 

(5) 

0,6825 

0,6825 

0,6825 

0,6825 

0,6825 

0,6825 

(cid:121)  TOTAL 
appropriations 
an 
 from the envelope of specific programmes 

of 

administrative 

nature 

financed

(6) 

0 

0 

0 

TOTAL 
under HEADING 2 

of the multiannual financial framework 

appropriations 

Commitments 

=4+ 6 

0,6825 

0,6825 

0,6825 

Payments 

=5+ 6 

0,6825 

0,6825 

0,6825 

If more than one heading is affected by the proposal/initiative: (not applicable) 

(cid:121) TOTAL operational appropriations 

Commitments 

Payments 

(cid:121)  TOTAL  appropriations  of  an  administrative  nature 
financed from the envelope of specific programmes 

TOTAL 
under 
of 
the 
(Reference amount) 

HEADINGS 
multiannual 

1 
financial 

appropriations  
to 
4 
framework  

Commitments 

Payments 

(4) 

(5) 

(6) 

=4+ 6 

=5+ 6 

2,0475 

2,0475 

2,0475 

2,0475 

21 

EN 

The financial contribution comprises: (a) EUR 455 000 per year, equivalent to an annual reference tonnage of 7 000 tonnes, and (b) EUR 227 500 per year, corresponding 
to  support  for  the  development  of  the  sectoral  fisheries  policy  of  the  Democratic  Republic  of  São  Tomé  and  Príncipe.  Where  the  quantity  caught  each  year  exceeds 
7 000 tonnes, the amount of the annual financial contribution will be increased by EUR 65 for each additional tonne caught. However, the total annual amount paid by the 
EU may not exceed EUR 910 000 per year (see Article 2(5) of the Protocol). 

43 

E

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
Heading of multiannual financial framework:  

5 

‘Administrative expenditure’ 

Year 
N (2011) 

Year 
N+1 
(2012) 

Year 
N+2 
(2013) 

Year 
N+3 

Enter  as  many  years  as  necessary  to 
show the duration of the impact (see 
point 1.6) 

TOTAL 

EUR million (to three decimal places) 

DG: MARE 

(cid:121) Human resources 

(cid:121) Other administrative expenditure22 

0,062 

0,062 

0,062 

0,010 

0 

0,010 

TOTAL DG MARE 

Appropriations 

0,072 

 0,062 

0,072 

TOTAL 
under 
of the multiannual financial framework 

HEADING 

appropriations 
5 

(Total  commitments  =  Total 
payments) 

0,072 

0,062 

0,072 

EUR million (to three decimal places) 

0,186 

0,020 

0,206 

0,206 

TOTAL 
under 
HEADINGS 
of the multiannual financial framework 

1 

appropriations  
5 

to 

Commitments 

Payments 

0,755 

0,745 

0,755 

0,755 

0,745 

0,755 

2.255 

2.255 

Year 
N23 

Year 
N+1 

Year 
N+2 

Year 
N+3 

Enter  as  many  years  as  necessary  to 
show the duration of the impact (see 
point 1.6) 

TOTAL 

22 
23 

Estimated costs for on-the-spot follow-up missions. 
Year N is the year in which implementation of the proposal/initiative starts. 

EN 

44 

E

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
3.2.2.  Estimated impact on operational appropriations 

–  (cid:133) The proposal/initiative does not require the use of operational appropriations 

–  X  The proposal/initiative requires the use of operational appropriations, as explained below: 

Commitment appropriations in EUR million (to four decimal places) 

Indicate 

objectives 
outputs 

(cid:216) 

Year 
N (2011) 

Year 
N+1 (2012) 

Year 
N+2 (2013) 

Year 
N+3 

…  enter  as  many  years  as  necessary  to  show  the 
duration of the impact (see point 1.6) 

TOTAL 

and 

OUTPUTS 

Type of 
output 
24 

Average 
cost  of 
the 
output 

Num
ber 
of 
outp
uts 

Cost 

Num
ber  of 
outpu
ts 

Cost 

Number  of 
outputs 

Cost 

Number 

of outputs  Cost 

Num
ber  of 
outpu
ts 

Cost 

Num
ber 
of 
outp
uts 

Cost 

Number 
of 
outputs

Cost 

Total 
Number 
of 
outputs 

Total cost 

SPECIFIC OBJECTIVE NO 125 ... 

Tuna catches 

Ref ton  EUR 65/t  7000 t  0,455 

7000 t 

0,455 

7000 t  

0,455 

21000 t 

1.365 

Sectoral support 

0,2275 

1 

0,2275 

1 

0,2275 

1 

0,2275 

Sub-total for specific objective No 1 

0,6825 

0,6825 

0,6825 

SPECIFIC OBJECTIVE NO 2 

- Output 

Sub-total for specific objective No 2 

TOTAL COST 

0,6825 

0,6825 

0,6825 

0.6825 

2,0475 

2,0475 

24 
25 

Outputs are products and services to be supplied (e.g.: number of student exchanges financed, number of km of roads built, etc.). 
As described in Section 1.4.2. ‘Specific objective(s)…’. 

EN 

45 

E

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
3.2.3.  Estimated impact on appropriations of an administrative nature 

3.2.3.1.  Summary 

–  (cid:133) The proposal/initiative does not require the use of administrative appropriations 

–  X  The  proposal/initiative  requires  the  use  of  administrative  appropriations,  as  explained 

below: 

EUR million (to three decimal places) 

Year 
N26 (2011) 

Year 
N+1 (2012) 

Year 
N+2 (2013) 

Year 
N+3 

Enter as  many  years as necessary to show the 
duration of the impact (see point 1.6) 

TOTAL 

0 

0 

0 

0,186 

0,020 

0,206 

HEADING 
of 
the 
financial framework 

5 
multiannual 

Human resources 

0,062 

0,062 

0,062 

0,010 

0 

0,010 

0,072 

0,062 

0,072 

Other 
expenditure 

administrative 

Subtotal  HEADING 
of 
the 
financial framework 

5 
multiannual 

Outside  HEADING  527  of 
the  multiannual  financial 
framework 

Human resources 

Other  expenditure  of  an 
administrative nature 

Subtotal  
outside  HEADING 
of 
the 
financial framework 

5 
multiannual 

TOTAL 

0,072 

0,062 

0,072 

0.206 

26 
27 

Year N is the year in which implementation of the proposal/initiative starts. 
Technical  and/or  administrative  assistance  and  expenditure  in  support  of the  implementation  of  EU  programmes 
and/or actions (former ‘BA’ lines), indirect research, direct research. 

EN 

46 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
3.2.3.2.  Estimated requirements of human resources 

–  (cid:133) The proposal/initiative does not require the use of human resources 

–  X  The proposal/initiative requires the use of human resources, as explained below: 

Estimate to be expressed in full amounts (or at most to one decimal place) 

Year 
N (2011) 

Year 
N+1 
(2012) 

Year 
N+2 
(2013) 

Year N+3 

Enter as many years as necessary to 
show the duration of the impact (see 
point 1.6) 

(cid:121) Establishment plan posts (officials and temporary agents) 

XX  01  01  01  (Headquarters  and  Commission’s 
Representation Offices) 

XX 01 01 02 (Delegations) 

XX 01 05 01 (Indirect research) 

10 01 05 01 (Direct research) 

(cid:121) External personnel (in full-time equivalent - FTE)28 

XX  01  02  01  (CA,  INT,  SNE  from  the  ‘global 
envelope’) 

0,3 

0,1 

0 

0 

0 

0,3 

0,1 

0 

0 

0 

0,3 

0,1 

0 

0 

0 

XX  01  02  02  (CA,  INT,  JED,  LA  and  SNE  in  the 
delegations) 

0,2 

0,2 

0,2 

0 

0 

0 

0 

0 

0 

XX 01 04 yy29 

- at Headquarters30 

- in delegations 

XX 01 05 02 (CA, INT, SNE - Indirect research) 

10 01 05 02 (CA, INT, SNE - Direct research) 

Other budget lines (specify) 

TOTAL 

XX is the policy area or budget title concerned. 

0,6 

0,6 

0,6 

0 

The  human  resources  required  will  be  met  by  staff  from  the  DG  who  are  already  assigned  to  management  of  the  action  and/or  have  been 
redeployed within the DG, together if necessary with any additional allocation which may be granted to the managing DG under the annual 
allocation procedure and in the light of budgetary constraints. 

28 

29 
30 

CA=  Contract Agent;  INT=  agency  staff  (‘Intérimaire’);  JED= ‘Jeune  Expert  en Délégation’ (Young  Experts  in 
Delegations); LA= Local Agent; SNE= Seconded National Expert. 
Under the ceiling for external personnel from operational appropriations (former ‘BA’ lines). 
Essentially  for  Structural  Funds,  European  Agricultural  Fund  for  Rural  Development  (EAFRD)  and  European 
Fisheries Fund (EFF). 

EN 

47 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
Human resources estimate: 

Officials and temporary agents  1  desk  officer  from  DG  MARE  +  HoU/deputy  HoU  +  secretariat: 

overall estimate of 0.3 people/year 

1 HoD, 1 official at a delegation: overall estimate of 0.1 people/year 

Calculation of the costs: (0.3 + 0.1) people/year x EUR 122 000/year = 
EUR 48 800 

External personnel 

1 CA at a delegation (Gabon), with responsibility for monitoring fishing 
authorisations submitted to/issued by the São Toméan authorities 

Calculation  of  the  costs:  0.2  people/year  x  EUR 64 000/year  = 
EUR 12 800 

Calculation  of  total  human  resources  per  year:  EUR 48 800  +  EUR 12 800  =  EUR 61 600  => 
EUR 0.062 million 

Description of tasks to be carried out: 

- 

Assisting  the  negotiator  with  preparing  and  concluding  the  negotiation  of  fisheries 
agreements: 

- 

- 

- 

- 

taking part in negotiations with third countries to conclude fisheries agreements; 

preparing  draft  evaluation  reports  and  negotiation  strategy  notes  for  the 
Commissioner; 

presenting  and  defending  the  Commission’s  position  in  the  Council’s  ‘External 
Fisheries’ Working Party; 

taking part in the search for a compromise with the Member States to be included 
in the final text of the Agreement. 

- 

Monitoring the implementation of agreements: 

- 

- 

- 

- 

- 

- 

daily monitoring of fisheries agreements; 

preparing and checking the commitment and payment of the financial contribution 
and of any specific supplementary contributions; 

regular reporting on the implementation of agreements; 

evaluating agreements: scientific and technical aspects; 

preparing  the  draft  proposal  for  a  Council  Regulation  and  Decision  and  drafting 
the text of the Agreement; 

launching and monitoring adoption procedures. 

EN 

48 

   EN 

 
- 

Technical assistance: 

- 

preparing the Commission’s position for the Joint Committee. 

- 

Interinstitutional relations: 

- 

- 

representing the Commission before the Council, the European Parliament and the 
Member States in the negotiation process; 

writing the replies to oral and written questions from the European Parliament. 

- 

Interdepartmental consultation and coordination: 

- 

- 

liaising with the other Directorates-General on matters relating to the negotiation 
and monitoring of agreements; 

organising and responding to interdepartmental consultations. 

- 

Evaluation: 

- 

- 

taking part in updating the impact assessment; 

analysing the objectives achieved and evaluation indicators. 

EN 

49 

   EN 

 
3.2.4.  Compatibility with the current multiannual financial framework 

–  X  Proposal/initiative is compatible with the current multiannual financial framework. 

–  (cid:133) Proposal/initiative will entail reprogramming of the relevant heading in the multiannual 

financial framework. 

Explain  what  reprogramming  is  required,  specifying  the  budget  lines  concerned  and  the 
corresponding amounts. 

[…] 

–  (cid:133) Proposal/initiative  requires  application  of  the  flexibility  instrument  or  revision  of  the 

multiannual financial framework31. 

Explain  what  is  required,  specifying  the  headings  and  budget  lines  concerned  and  the 
corresponding amounts. 

[…] 

3.2.5.  Third-party contributions 

–  X The proposal/initiative does not provide for co-financing by third parties 

–  The proposal/initiative provides for the co-financing estimated below: 

Appropriations in EUR million (to three decimal places) 

Year 
N 

Year 
N+1 

Year 
N+2 

Year 
N+3 

Enter  as  many  years  as 
necessary 
the 
to 
duration  of  the  impact  (see 
point 1.6) 

show 

Total 

Specify the 
co-financing body 

TOTAL 
appropriations 
co-financed 

31 

See points 19 and 24 of the Interinstitutional Agreement. 

EN 

50 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
3.3. 

Estimated impact on revenue 

–  X  Proposal/initiative has no financial impact on revenue. 

–  (cid:133) Proposal/initiative has the following financial impact: 

– 

– 

(cid:133) 

(cid:133) 

on own resources 

on miscellaneous revenue 

EUR million (to three decimal places) 

Impact of the proposal/initiative32 

Year 
N 

Year 
N+1 

Year 
N+2 

Year 
N+3 

…  insert  as  many  columns  as 
necessary in order to reflect the 
duration  of  the  impact  (see 
point 1.6) 

Appropriat
ions 
available 
for the 
ongoing 
budget 
exercise 

Budget 
line: 

revenue 

Article …………. 

For miscellaneous assigned revenue, specify the budget expenditure line(s) affected. 

[…] 

Specify the method for calculating the impact on revenue. 

[…] 

32 

As regards traditional own resources (customs duties, sugar levies), the amounts indicated must be net amounts, i.e. 
gross amounts after deduction of 25% for collection costs. 

EN 

51 

   EN