Proposal for a COUNCIL DECISION on conclusion of the Protocol between the European Union and the Gabonese Republic setting out fishing opportunities and the financial contribution provided for in the Fisheries Partnership Agreement between the two Parties currently in force
Date: 2013-06-27
Institutions: European Commission
Subjects: Gabon, agreement (EU), conservation of fish stocks, financial compensation of an agreement, fishing agreement, fishing area, fishing controls, fishing permit, protocol to an agreement

EUROPEAN 
COMMISSION 

Brussels, 27.6.2013  
COM(2013) 465 final 

2013/0216 (NLE) 

Proposal for a 

COUNCIL DECISION 

on conclusion of the Protocol between the European Union and the Gabonese Republic 
setting out fishing opportunities and the financial contribution provided for in the 
Fisheries Partnership Agreement between the two Parties currently in force 

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EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

On  the  basis  of  the  powers  conferred  on  it  by  the  Council,  the  European  Commission  has 
conducted negotiations with the Gabonese Republic with a view to renewing the Protocol to 
the  Fisheries  Partnership  Agreement  between  the  European  Community  and  the  Gabonese 
Republic.  At  the  end  of  those  negotiations,  a  new  draft  Protocol  was  initialled  by  the 
negotiators on 24 April 2013. The new Protocol covers a period of three years from the date 
of  provisional  application  laid  down  in  Article  14,  that  being  the  date  on  which  this  new 
Protocol is signed. 

The  main  aim  of  the  Protocol  to  the  Agreement  is  to  provide  fishing  opportunities  for 
EU vessels in Gabonese waters within the limits of the available surplus, in accordance with 
the best available scientific advice and recommendations of the International Commission for 
the  Conservation  of  Atlantic  Tunas  (ICCAT).  The  Commission's  negotiating  position  was 
based in part on the results of an ex-post evaluation carried out by external experts. 

The general aim is to enhance the cooperation between the European Union and the Gabonese 
Republic,  thereby  creating  a  partnership  framework  within  which  to  develop  a  sustainable 
fisheries policy and sound exploitation of fishery resources in the Gabonese fishing zone, in 
the interests of both Parties. 

More particularly, the Protocol provides for fishing opportunities in the following categories: 

–  27 freezer tuna seiners 

–  8 pole-and-line tuna vessels 

The Commission proposes, on this basis, that the Council, with the consent of the Parliament, 
adopt a Decision concluding the Agreement. 

2. 

RESULTS OF CONSULTATIONS WITH THE INTERESTED PARTIES AND 
IMPACT ASSESSMENTS 

The  interested  parties  were  consulted  during  the  evaluation  of  the  Protocol  for  the  period 
2005-11. Experts from the Member States were also  consulted in technical meetings. These 
consultations  concluded  that  it  would  be  beneficial  to  maintain  a  fishing  protocol  with  the 
Gabonese Republic. 

3. 

LEGAL ELEMENTS OF THE PROPOSAL 

This  procedure  is  being  initiated  in  parallel  with  the  procedures  relating  to  the  Council 
Decision  adopting  the  provisional  application  of  the  Protocol  itself,  as  well  as  with  the 
Council  Regulation  concerning  the  allocation  of  the  fishing  opportunities  between  EU 
Member States. 

4. 

BUDGETARY IMPLICATIONS 

The annual financial contribution  of EUR 1 350 000 is based on: (a) a reference tonnage of 
20 000 tonnes,  for  an  amount  of  EUR  900 000  linked  to  access  and  (b)  support  for  the 
development  of  the  sectoral  fisheries  policy  of  the  Gabonese  Republic  amounting  to 
EUR 450 000.  This  support  meets  the  objectives  of  the  national  fisheries  policy  and  in 

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particular  the  needs  of  the  Gabonese  Republic  in  the  fight  against  illegal  fishing  and  the 
implementation of the national fisheries strategy. 

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2013/0216 (NLE) 

Proposal for a 

COUNCIL DECISION 

on conclusion of the Protocol between the European Union and the Gabonese Republic 
setting out fishing opportunities and the financial contribution provided for in the 
Fisheries Partnership Agreement between the two Parties currently in force 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 43(2) in conjunction with Article 218(6)(a) and (7) thereof, 

Having regard to the proposal from the European Commission, 

After transmission of the draft legislative act to the national Parliaments, 
Having regard to the consent of the European Parliament1, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

(6) 

The  Council  approved  the  Fisheries  Partnership  Agreement  between  the  Gabonese 
Republic and the European Community by Regulation (EC) No 450/20072. 

On 7 November 2006 the Council adopted Decision 2006/788/EC on the conclusion 
of  the  Agreement  in  the  form  of  an  Exchange  of  Letters  on  the  provisional 
application  of  the  Protocol  setting  out  the  fishing  opportunities  and  financial 
contribution  provided  for  in  the  Fisheries  Partnership  Agreement  between  the 
European Community and the Gabonese Republic on fishing off the coast of Gabon 
for the period from 3 December 2005 to 2 December 20113.  

The  European  Union  has  negotiated  a  new  Protocol  with  the  Gabonese  Republic 
granting  European  Union  vessels  fishing  opportunities  in  waters  in  which  the 
Gabonese Republic exercises its jurisdiction as regards fishing. 
By  Decision  2013/…/EU4,  the  Council  authorised  the  signing  and  provisional 
application of the Protocol, subject to its later conclusion. 

It is in the interest of the EU to implement the Fisheries Partnership Agreement with 
Gabon  by  means  of  a  Protocol  establishing  the  fishing  opportunities,  with  the 
corresponding  financial  contribution,  and  setting  out  the  conditions  for  promoting 
responsible  fishing  and  sustainable  fisheries  in  the  Gabonese  fishing  zone.  That 
Protocol should therefore be approved on behalf of the European Union. 

Article  9  of  the  Fisheries  Partnership  Agreement  between  the  European  Union  and 
the  Gabonese  Republic  set  up  a  Joint  Committee  to  monitor  the  application  of  the 
Agreement and to adopt,  where necessary, changes  to the  Protocol.  With a  view to 

1 
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4 

OJ C … 
OJ L 109, 26.4.2007, p. 1. 
OJ L 319, 18.11.2006. 
OJ C … 

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implementing those changes, it is appropriate to empower the European Commission 
to approve them under a simplified procedure,  

HAS ADOPTED THIS DECISION: 

Article 1 

The Protocol between the European Union and the Gabonese Republic setting out the fishing 
opportunities  and  the  financial  contribution  provided  for  in  the  Fisheries  Partnership 
Agreement between the European Community and the Gabonese Republic is hereby approved 
on behalf of the Union. 

The text of the Protocol is annexed to this Decision. 

The President of the Council shall designate the person(s) empowered to make the notification 
on  behalf  of  the Union,  in  order  to  express  the  consent  of  the  Union  to  be  bound  by  the 
Protocol. 

Article 2 

The European Commission shall be empowered to approve the changes made to the Protocol 
adopted  by  the  Joint  Committee,  in  accordance  with  Article  9  of  the  Fisheries  Partnership 
Agreement between the European Union and the Gabonese Republic. 

Article 3 

Article 4 

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

Done at Brussels,  

For the Council 
The President 

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ANNEX 

PROTOCOL 

setting out the fishing opportunities and the financial contribution provided for by the Fisheries 
Partnership Agreement between the European Union and the Gabonese Republic  

Article 1 

Period of application and fishing opportunities 

1. From the date of the provisional application of the Protocol, and for a period of three (3) years, the 
fishing  opportunities  granted  under  Articles  5  and  6  of  the  Agreement  shall  be  set  out  to  allow  the 
highly-migratory species listed in Annex 1 to the United Nations Convention on the Law of the Sea to 
be caught, with the exception of those species protected or prohibited by ICCAT or under Gabonese 
legislation.  

2. From the date of the provisional application of the Protocol, activities carried out by the following 
vessels may benefit from fishing opportunities: 

(a) 27 freezer tuna seiners 

(b) 8 pole-and-line tuna vessels 

This paragraph shall apply subject to Articles 5 and 6 of this Protocol. 

3. Access to fishery resources in Gabonese fishing zones shall be granted to foreign fleets to the extent 
that there is a surplus within the meaning of Article 62 of the United Nations Convention on the Law 
of the Sea and having taken into account the operating capacity of the national Gabonese fleets. 

4. Under Article 6 of the Agreement, vessels flying the flag of a Member State of the European Union 
may  fish  in  Gabonese  fishing  zones  only  if  they  are  in  possession  of  a  fishing  authorisation  issued 
under this Protocol in accordance with Annex 1 hereto. 

Article 2 

Financial contribution – Methods of payment 

1.  For  the  period  referred  to  in  Article  1,  the  financial  contribution  referred  to  in  Article  7  of  the 
Fisheries Partnership Agreement shall be EUR 1 350 000 per year. 

2. The financial contribution comprises: 

(a)  an  annual  amount  for  access  to  the  Gabonese  fishing  zone  of  EUR  900 000,  equivalent  to  a 
reference tonnage of 20 000 tonnes per year, and  

(b)  a  specific  amount  of  EUR  450 000  per  year  for  support  to  and  implementation  of  the  Gabonese 
sectoral fisheries policy. 

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3. Paragraph 1 shall apply subject to Articles 4, 5, 7 and 9 of this Protocol. 

4.  Payment  of  the  financial  contribution  laid  down  in  paragraph  2(a)  on  access  by  European  Union 
vessels  to  Gabonese  fishery  resources  shall  be  made  by  the  European  Union  no  later  than  three 
(3) months  after  the  date  of  provisional  application  of  the  Protocol  for  the  first  year  and  on  the 
anniversary of the signing of the Protocol for the following years. 

5. The two Parties have agreed to improve the regular monitoring of catches taken by EU vessels in the 
Gabonese  fishing  zone.  To  this  end,  over  the  course  of  the  fishing  season,  the  EU  will  regularly 
analyse data on the catch and effort of EU fishing vessels operating in the Gabonese fishing zone. The 
EU will regularly update Gabon on the outcome of these analyses. In order to manage the possibility of 
the reference tonnage being exceeded, the EU shall inform its Member States and Gabon as soon as the 
total  registered  catch  in  the  Gabonese  fishing  zone  reaches  80 %  of  the  reference  tonnage  of 
20 000 tonnes.  

6. As soon as the overall catch quantity reaches 80 % of the reference tonnage, a meeting of the Joint 
Committee shall be held in order to establish how Gabon shall receive the additional payment due on 
account of this possible excess. 

7.  Save  as  provided  for  under  paragraph  6  of  this  Article,  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.  

8.  The  Gabonese  authorities  shall  have  full  discretion  regarding  the  use  to  which  the  financial 
contribution defined under paragraph 2(a) is put. 

9.  The  financial  contribution  shall  be  paid  into  a  single  Gabonese  Public  Treasury  account,  the 
references of which shall be notified each year by the Gabonese authorities. 

Article 3 

Promoting responsible fishing and sustainable fisheries in the Gabonese fishing zone 

1. The two Parties undertake to promote responsible fishing in the Gabonese fishing zone based on the 
principles of sustainable exploitation of fishery resources and marine ecosystems. 

2. The European Union and Gabon shall agree, within the Joint Committee provided for in Article 9 of 
the Agreement, from the date of provisional application of this Protocol, and at the latest three months 
after  that  date,  on  a  multiannual  sectoral  programme,  in  line  with the  Gabonese  national  strategy  on 
fisheries and the European Commission’s political framework, and on the detailed implementing rules, 
including in particular:  

(a)  annual  and  multiannual  guidelines  for  using  the  specific  amount  of  the  financial  contribution 
referred to in Article 2(2); 

(b) the objectives, both annual and multiannual, to be achieved with a view to introducing responsible 
fishing  and  sustainable  fisheries,  taking  account  of  the  priorities  expressed  by  Gabon  in  its  national 

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fisheries  policy,  and  other  policies  relating  to  or  having  an  impact  on  the  promotion  of  responsible 
fishing and sustainable fisheries, including marine protected areas;  

(c) criteria and procedures including, where appropriate, budgetary and financial indicators, to be used 
for evaluating the results obtained each year. 

3.  The  use  to  which  the  amounts  are  put  shall  be  based  on  a  common  agreement  between  the  two 
Parties within the Joint Committee on the objectives to be achieved, in line with the Strategic Plan for 
Emerging  Gabon  by  the  fisheries  sector  and  based  on  an  estimate  of  the  expected  impact  of  the 
projects to be carried out. 

4. For the first year of the Protocol, the financial support issued by Gabon to the fisheries sector shall 
be notified to the EU or approved by the Joint Committee. 

5. Each year, Gabon shall present how the projects implemented with sectoral financial support have 
progressed,  in  the  form  of  an  annual  achievement  report  to  be  examined  by  the  Joint  Committee.  A 
final report shall also be produced by Gabon before the Protocol expires. 

6.  The  specific  financial  contribution  to  support  the  sector  shall  be  paid  in  instalments  based  on  an 
analysis of the outcomes of the sectoral support and of needs. 

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

Article 4 

Scientific cooperation on responsible fishing 

1.  The  two  Parties  shall  undertake  to  promote  responsible  fishing  in  Gabonese  waters  based  on  the 
principle of non-discrimination as regards technical conservation measures between the different fleets 
operating in those waters and the principle of sustainable management of fishery resources and marine 
ecosystems. 

2.  Over  the  period  covered  by  this  Protocol,  the  European  Union  and  Gabon  shall  undertake  to 
cooperate  in  order  to  monitor  the  state  of  fishery  resources  in  the  Gabonese  fishing  zone  and  to 
contribute to fishery development. 

3.  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.  

4.  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 fish 
species covered by this Protocol and concerning the activities of European Union vessels. 

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5. Where necessary, as provided for under Article 4.2 of the Agreement, a meeting of scientific experts 
representing the  two Parties may be convened at the request  of either of  the Parties. Participation in 
that  meeting  may  also  be  extended,  where  necessary,  to  third  party  scientific  experts  and  observers, 
representatives  of  stakeholders  or  representatives  of  regional  and  international  fishery  management 
bodies.  

Article 5 

Review of fishing opportunities 

1. The Parties may adopt, in the Joint Committee, measures as referred to in Articles 1 and 2 of this 
Protocol  entailing  a  review  of  fishing  opportunities.  In  that  case,  the  financial  contribution  shall  be 
adjusted proportionately and pro rata temporis. 

2.  With  regard  to  categories  not  provided  for  by  the  Protocol  in  force,  the  two  Parties  may,  in 
accordance with Article 6 second subparagraph of the  Agreement,  include new  fishing opportunities 
on the basis of the best scientific advice, endorsed by the Independent Joint Scientific Committee and 
adopted by the Joint Committee. 

Article 6  

New fishing opportunities 

1.  At  the  request  of  Gabon,  the  Gabonese  Government  may  call  on  the  European  Union  in  order  to 
consider  the  possibility  of  experimental  fishing  in  order  to  exploit  certain  fisheries,  under  the  direct 
supervision  of  scientists  representing  the  two  Parties  and  either  ICCAT  or  the  relevant  regional 
fisheries organisation.  

2. The two Parties shall encourage experimental fishing in the Gabonese fishing zone. To that end, at 
the request of Gabon, they shall consult each other and determine on a case-by-case basis the relevant 
species, conditions and other parameters. The two Parties shall carry out experimental fishing in line 
with the conditions laid down by the Scientific Committee set up under this Protocol. 

3.  The  authorisations  for  experimental  fishing  shall  be  granted  for  a  maximum  of  12 months.  In  the 
event  that  the  Parties  consider  that  experimental  campaigns  have  given  positive  results,  the 
Government may allocate fishing opportunities for new species to the European Union fleet until this 
Protocol expires. The financial compensation referred to in Article 2(1) of the current Protocol shall 
consequently be increased. 

4. Vessels involved in exploratory fishing within the meaning of this Protocol must have an observer 
on board, as laid down in the Annex. 

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Article 7 

Suspension and review of the payment of the financial contribution 

1. The financial contribution referred to in Article 2(2)(a) and (b) may be revised or suspended after 
consultation between the two Parties if one or more of the following conditions apply: 

(a)  unusual  circumstances,  as  defined  in  Article  2(h)  of  the  Fisheries  Partnership  Agreement, 
preventing fishing activities in the Gabonese fishing zone; 

(b) significant changes in the formulation or implementation of the fisheries policy of either one of the 
Parties affecting the provisions of this Protocol;  

(c)  if  the  European  Union  or  Gabon  note  that  there  has  been  a  violation  of  the  essential  and 
fundamental  human  rights  provided  for  in  Article  9  of  the  Cotonou  Agreement  and  following  the 
procedure provided for in Articles 8 and 96 of that Agreement; 

2.  In  the  cases  referred  to  in  the  first  paragraph,  fishing  activities  shall  be  suspended.  The  payment 
shall be revised or suspended without prejudice to the financial contribution due for fishing activities 
carried out prior to the suspension decision. 

3.  Following  the  evaluation  provided  for  in  Article  3(4),  the  European  Union  reserves  the  right  to 
suspend, partially or fully, the payment of the financial contribution for the fisheries sector as provided 
for in Article 2(2)(b) of this Protocol in the event of failure to adhere to the objectives of the planning 
of the sectoral support or failure to implement the financial contribution. 

4.  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  referred  to  in  paragraph  1  has  been 
re-established  and/or  if  the  results  of  the  financial  implementation  referred  to  in  paragraph  2  so 
warrant.  Nevertheless,  the  specific  financial  contribution  provided  for  in  Article 2(2)(b)  may  not  be 
paid beyond a period of 6 months after the Protocol expires.  

Article 8 

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)  unusual  circumstances,  as  defined  in  Article  2(h)  of  the  Fisheries  Partnership  Agreement, 
preventing fishing activities in the Gabonese fishing zone; 

(b) significant changes in the policy guidelines of one or other of the Parties affecting the provisions of 
this Protocol; 

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(c)  if  the  European  Union  or  Gabon  note  that  there  has  been  a  violation  of  the  essential  and 
fundamental  human  rights  provided  for  in  Article  9  of  the  Cotonou  Agreement  and  following  the 
procedure provided for in Articles 8 and 96 of that Agreement;  

(d) there is 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 10.2 of this Protocol; 

(e) there is a dispute between the two Parties concerning the interpretation of this Protocol; 

(f)  one  of  the  two  Parties  does  not  comply  with  the  provisions  of  this  Protocol  and  the  Annex  and 
appendices thereto.  

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. 

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. 

4. 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. 

5.  In  the  event  of  actual  suspension,  European  Union  vessels  must  leave  the  Gabonese  fishing  zone 
within 24 hours. 

Article 9 

National law 

1.  The  activities  of  European  Union  fishing  vessels  in  the  Gabonese  fishing  zone  are  subject  to  the 
laws  and  regulations  in  force  in  Gabon,  unless  otherwise  provided  for  under  this  Protocol  and  the 
Annexes thereto. 

2.  The  Gabonese  authorities  shall  inform  the  European  Commission  of  any  changes  to  its  fisheries 
policy or new sectoral legislation before their entry into force. 

3. In the event that the new provisions under Gabonese national legislation, as referred to in point 2, 
contradict  the  provisions  of  this  Protocol  and  the  Annexes  thereto,  the  Joint  Committee  shall  be 
convened  as  soon  as  possible  in  order  to  clarify  those  contradictions  directly  affecting  the  fishing 
activity of European Union vessels. 

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Article 10 

Electronic communication 

1. The Gabonese Republic and the European Union shall undertake to install as soon as possible the 
computer systems required for the electronic exchange of all the information and documents related to 
the implementation of the Agreement. 

2. The electronic version of a document shall be considered to be the equivalent of a paper document 
in every way, after approval by the competent authorities as defined under Chapter I of the Annex to 
this Protocol.  

3. Gabon and the European Union shall inform each other of any malfunction of a computer system as 
soon as possible. The information and documents related to the implementation of the Agreement shall 
then be automatically replaced by their paper version. 

Article 11 

Confidentiality 

The Gabonese Republic and the European Union shall undertake that all nominative data relating to 
EU  vessels  and  their  fishing  activities  obtained  within  the  framework  of  the  Agreement  will,  at  all 
times, be processed strictly in accordance with the principles of confidentiality and data protection. 

The two Parties shall ensure that only aggregate data on fishing activity in Gabonese waters is made 
publicly  available,  in  line  with  the  relevant  ICCAT  provisions.  Data  which  may  be  considered 
confidential must be used by the competent authorities exclusively for the purposes of implementing 
the Agreement and for fishery management, controls and monitoring. 

Article 12 

Duration 

This  Protocol  and  the  Annexes  thereto  shall  apply  for  a  duration  of  three  (3)  years  from  the  date  of 
provisional application as laid down under Article 14. 

Article 13 

Termination 

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

2.  Dispatch  of  the  notification  referred  to  in  the  previous  paragraph  shall  open  consultations  by  the 
Parties. 

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Article 14 

Provisional application 

This Protocol and the Annexes thereto shall be provisionally applied as from the date of its signature. 

Article 15 

Entry into force 

This  Protocol  and  the  Annexes  thereto  shall  enter into  force  on  the  date  on  which  the  Parties  notify 
each other of the completion of the procedures necessary for that purpose. 

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CONDITIONS GOVERNING FISHING ACTIVITIES BY EUROPEAN UNION VESSELS IN 
THE GABONESE FISHING ZONE 

ANNEX TO THE PROTOCOL 

CHAPTER I  

General provisions 

1. Designation of competent authority 

For the purposes of this Annex and unless otherwise specified, any reference to the European Union 
(EU) or to Gabon as a competent authority shall mean: 

- for the EU: the European Commission, where applicable via the EU delegation to Gabon; 

- for Gabon: the Ministry responsible for fisheries. 

2. Gabonese fishing zone 

EU  vessels  may  carry  out  fishing  activities  in  waters  beyond  12  nautical  miles  from  the  baselines 
within the Gabonese fishing zone, subject to the provisions of point 3 below.  

Before  provisional  application  of  the  Protocol,  Gabon  shall  inform  the  EU  of  the  geographical 
coordinates of the baselines, its fishing zone and all zones within it which are closed to fishing.  

3. Zones closed to shipping and to fishing 

The zones adjacent to oil extraction and exploration activities shall be closed to all shipping. European 
Union vessels shall ensure that none of their fish aggregating devices (FADs) fitted with transponders 
enter these zones or the 12 nautical miles from the baseline. 

Zones closed to fishing shall include national parks, marine protected areas and fish breeding grounds, 
in line with the national legislation in force. 

The Ministry responsible for fisheries in the Gabonese Republic shall notify the coordinates of these 
zones to vessel owners when the fishing licence is issued. 

The zones closed to shipping and fishing shall also be notified for information purposes to the EU, as 
shall all changes to those zones, which must be announced at least two months before enforcement. 

4. Prohibitions 

Support vessels shall be prohibited in the Gabonese fishing zone. 

5. Appointment of a local agent 

Any EU vessel which plans to land in a Gabonese port must be represented by a consignee resident in 
Gabon. 

6. Bank account 

Before  provisional  application  of  the  Protocol,  Gabon  shall  notify  the  EU  of  the  details  of  the  bank 
account(s)  into  which  the  financial  sums  payable  by  EU  vessels  under  the  Agreement  must  be  paid. 
The associated bank transfer costs shall be borne by the vessel owners. 

CHAPTER II 

Fishing authorisations  

For  the  purposes  of  applying  the  provisions  of  this  Annex,  the  term  ‘licence’  shall  be  equivalent  to 
‘fishing authorisation’, as defined in European Union legislation. 

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1. Condition for obtaining a fishing authorisation – Eligible vessels 

The fishing authorisations referred to in Article 6 of the Agreement shall be issued on the condition 
that the vessel is included in the EU register of fishing vessels and that all previous obligations of the 
vessel  owner,  the  master,  or  the  vessel  itself  arising  from  their  fishing activities  in  Gabon  under  the 
Agreement have been met. Each vessel wishing to fish under this Protocol must also be included in the 
ICCAT record of vessels. 

2. Licence applications 

The  EU  shall  submit  to  Gabon  a  licence  application  for  any  vessel  wishing  to  fish  under  the 
Agreement at least 15 days before the start of the period of validity requested using the form attached 
to this Annex as Appendix 1. For each initial licence application on the basis of the Protocol in force, 
or following a technical change to the vessel concerned, the application shall be accompanied by: 

proof of payment of the flat-rate fee for the period of validity of the licence requested; 

the name and address of the local consignee for the vessel, where there is one; 

a recent colour photograph of the vessel, showing a lateral view, and at least 15 cm x 10 cm in 

(i) 

(ii) 

(iii) 
size; 

the  coordinates  of  the  VMS  transponder  and  any  other  document  specifically  required  under 

(iv) 
the Agreement. 

For  the  renewal  of  a  licence  under  the  Protocol  in  force  for  a  vessel  whose  technical  specifications 
have not been modified, the renewal application shall be accompanied only by proof of payment of the 
fee.  

3. Flat-rate and national fee 

1.  The  flat-rate  fee  shall  include  all  national  and  local  charges  except  for  port  taxes  and  service 
charges. 

2. Annual flat-rate fees payable by vessel owners shall be as follows for tuna seiners and pole-and-line 
tuna vessels: 

- For the first year of application of the Protocol: EUR 55 per tonne caught within Gabonese waters  

- For the second and third years: EUR 65 per tonne fished  

3. Licences shall be issued once a national fee for the following flat-rate amount has been paid to the 
competent national authorities: 

-  EUR 13 750  per  year  for  tuna  seiners  and  pole-and-line  tuna  vessels,  for  the  duration  of  the 
Protocol. 

4. Provisional list of vessels requesting a licence  

Once it has received the licence applications, Gabon shall immediately draw up, for each category of 
vessel,  the  provisional  list  of  applicant  vessels.  This  list  shall  be  sent  without  delay  to  the  national 
body responsible for supervising fishing, and to the EU.  

The EU shall forward the provisional list to the vessel owner or to the consignee. If the EU offices are 
closed, Gabon may send the provisional list directly to the vessel owner or their consignee with a copy 
to the EU. 

5. Issuing of the licence  

Gabon shall issue the licence to vessel owners within 15 days of receiving the full application file. 

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Where  a  licence  is  renewed  during  the  period  in  which  the  Protocol  applies,  the  new  licence  must 
contain a clear reference to the initial licence.  

The EU shall forward the licence to the vessel owner or to the consignee. If the EU offices are closed, 
Gabon may send the licence directly to the vessel owner or their consignee with a copy to the EU. 

6. List of vessels authorised to fish  

Once the licence is issued, Gabon shall draw up immediately for each category of vessel the final list 
of vessels which are authorised to fish in the Gabonese zone. This list shall be sent immediately to the 
national body responsible for monitoring fishing and to the EU and shall replace the provisional list 
referred to above. 

7. Period of validity of the licence  

for  the  first  year  of  application  of  the  Protocol,  the  period  between  the  date  of  its  entry  into 

Fishing authorisations shall be valid for one year and be renewable. 
In order to establish the start of the period of validity, ‘annual period’ shall mean: 
(i) 
force and 31 December of the same year; 
then, each complete calendar year; 
(ii) 
for  the  last  year  of  application  of  the  Protocol,  the  period  between  1  January  and  the  date  of 
(iii) 
expiry of the Protocol; 
(iv) 

for the first and last years of the Protocol, the national fee shall be calculated pro rata temporis. 

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

However, where force majeure is proven, e.g. in the event of the loss or prolonged immobilisation of a 
vessel due to a serious technical failure, and at the request of the EU, the licence shall be replaced by a 
new  authorisation  for  another  vessel  of  the  same  fishing  category  as  the  vessel  being  replaced,  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  transfer  shall  involve  the  licence  to  be  replaced  being  returned  by  the  vessel  owner  or  their 
consignee  in  Gabon,  and  Gabon  drawing  up  the  replacement  authorisation  as  soon  as  possible.  The 
replacement  authorisation  shall  be  issued  as  soon  as  possible  to  the  vessel  owner  or  their  consignee 
when the  authorisation to be replaced is returned. The replacement authorisation shall take effect on 
the day on which the authorisation to be replaced is returned. 

8. Keeping a licence on board 

The licence, or failing that, a copy valid for 45 days after the issue date, must be kept on board at all 
times. 

However, vessels shall be authorised to fish as soon as they are included on the provisional list referred 
to in point 4. Vessels must keep a copy of the provisional list on board at all times until their licence is 
issued.  

Gabon shall update the list of vessels authorised to fish as soon as possible. The new list shall be sent 
without delay to the national body responsible for supervising fishing, and to the EU. 

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CHAPTER III 

Technical measures 

Technical measures applicable to the vessels holding a licence, relating to the zone, fishing gear and 
additional  catch,  shall  be  defined  for  each  fishing  category  in  the  technical  sheets  contained  in 
Appendix 2 to this Annex.  

The vessels shall comply with all the recommendations adopted by ICCAT (International Commission 
for the Conservation of Atlantic Tunas) and the provisions under the relevant Gabonese legislation. 

During fishing operations in the Gabonese fishing zone, and with the exception of natural drifting fish 
aggregating  devices  (FADs),  the  use  of  fishing  supports  which  change  the  behaviour  of  highly 
migratory  species  and  encourage  in  particular  their  concentration  near  to  or  beneath  the  fishing 
support, shall be limited to so-called green artificial drifting FADs, designed, built and used in a way 
which  helps  to  avoid  cetaceans,  sharks  or  turtles  being  caught  accidentally  by  the  support.  These 
supports  must  be  made  from  biodegradable  materials.  The  deployment  and  use  of  such  artificial 
drifting FADs shall be subject to the adoption by the European Union of a management plan in line 
with the provisions adopted by ICCAT. 

CHAPTER IV  

Catch reporting 

1. Fishing log 

The master of an EU vessel fishing under the Agreement shall keep a fishing logbook in French, for 
which the model for each category of fishing is included in Appendix 3 to this Annex.  

The  fishing  logbook  shall  be  completed  by  the  master  for  each  day  the  vessel  is  present  in  the 
Gabonese fishing zone.  

Each day the master shall record in the fishing logbook the quantity of each species, identified by its 
FAO  alpha  3  code,  caught  and  kept  on  board,  expressed  in  kilograms  of  live  weight  or,  where 
necessary, the number of individual fish. For each main species, the master shall also include the bad 
catch.  

Where applicable, the master shall also record each day in the fishing logbook the quantities of each 
species  thrown  back  into  the  sea,  expressed  in  kilograms  of  live  weight  or,  where  necessary,  the 
number of individual fish. 

The fishing logbook shall be filled in legibly, in block capitals, and signed by the master.  

The master shall be responsible for the accuracy of the data recorded in the fishing logbook. 

2. Catch reporting  

The master shall notify the vessel’s catch by submitting to Gabon its fishing logbooks for the period of 
its presence in the Gabonese fishing zone.  

The fishing logbooks shall be transmitted in one of the following ways:  

when passing through a Gabonese port, the original of each fishing logbook shall be submitted 

(i) 
to the local representative of Gabon, who shall confirm receipt thereof in writing; 

(ii) 
when  leaving  the  Gabonese  fishing  zone  without  first  passing  through  a  Gabonese  port,  the 
original of each fishing logbook shall be sent within a period of 14 days after arrival in any other port, 
and in any case within a period of 30 days after leaving the Gabonese zone.  

(a) by letter sent to Gabon, 

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(b) or by fax, to the number given by Gabon, 

(c) or by e-mail. 

The  two  Parties  shall  make  every  effort  to  establish  a  system  for  reporting  catches  based  on  the 
electronic exchange of all the data, in view of accelerating its transmission. 

As soon as it is possible for catch declarations to be sent by e-mail, the master shall send the fishing 
logbooks  to  Gabon  at  the  e-mail  address  given  by  Gabon.  Gabon  shall  confirm  receipt  thereof 
immediately by return e-mail.  

The  master  shall  send  a  copy  of  all  the  fishing  logbooks  to  the  EU  Delegation  to  Gabon.  For  tuna 
seiners and pole-and-line tuna vessels, the master shall also send a copy of all the fishing logbooks to 
the  Gabonese  Institut  de  Recherche  Agricole  et  Forestière  (Institute  of  Agricultural  and  Forestry 
Research – IRAF) and one of the following scientific institutes: 

i) IRD (Institut de recherche pour le développement) 

ii) IEO (Instituto Español de Oceanografia), 

iii) IPMA (Instituto Português do Mar e da Atmosfèra), ou 

The return of the vessel into the Gabonese zone within the period of validity of its licence shall give 
rise to further catch reporting.  

Where  the  provisions  concerning  catch  reporting  are  not  complied  with,  Gabon  may  suspend  the 
licence of the vessel concerned until the missing catch report is obtained and penalise the vessel owner 
in  accordance  with  the  relevant  provisions  under  the  national  legislation  in  force.  If  the  offence  is 
repeated,  Gabon  may  refuse  to  renew  the  licence.  Gabon  shall  inform  the  EU  immediately  of  any 
penalty applied in this context. 

3. Transition to an electronic system 

The  two  Parties  indicate  their  shared  willingness  to  ensure  a  transition  to  an  electronic  system  for 
declaring catches based on the technical characteristics laid down in Appendix 6. The parties agree to 
determine together the transmission arrangements with the aim of the system becoming operational as 
soon  as  possible.  Gabon  shall  inform  the  EU  as  soon  as  the  conditions  for  this  transition  have  been 
met.  From  the  date  this  information  is  sent,  the  two  Parties  shall  agree  to  have  the  system  fully 
operational within two months.  

4. Final statement of fees for the tuna seiners and pole-and-line tuna vessels 

Until the electronic system provided for under point 3 is in place, the EU shall draw up for each tuna 
seiner  and  pole-and-line  tuna  vessel,  on  the  basis  of  its  catch  reporting  confirmed  by  the  above 
scientific institutes, a final statement of the fees owed by the vessel in respect of its annual season for 
the previous calendar year.  

The EU shall send this final statement to Gabon and to the vessel owner before 31 July of the year in 
progress.  

From the date the electronic system provided for under point 3 is actually in place, the EU shall draw 
up  for  each  tuna  seiner  and  pole-and-line  tuna  vessel,  on  the  basis  of  the  logbooks  archived  at  the 
fisheries monitoring centre (FMC) of the flag State, a final statement of the fees owed by the vessel in 
respect of its annual season for the previous calendar year.  

The EU shall send this final statement to Gabon and to the vessel owner before 31 March of the year in 
progress. 

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In both cases and within 30 days of being sent, Gabon may contest the final statement, on the basis of 
documentary  proof.  In  the  case  of  disagreement,  the  Parties  shall  consult  each  other  in  the  Joint 
Committee.  If  Gabon  does  not  object  within  30  days,  the  final  statement  shall  be  considered  to  be 
adopted. 

On the date the final catch statement is sent to Gabon, the EU shall transmit a summary of the data on 
the catch and effort of EU vessels in respect of their fishing activity on FADs in the Gabonese fishing 
zone,  in  accordance  with  the  measures  and  requirements  adopted  by  ICCAT,  particularly  in 
Recommendation 11-01.  

CHAPTER V 

Landings  

1. Landing procedure  

The master of an EU vessel wishing to land catch from the Gabonese zone in a Gabonese port must 
notify Gabon, at least 24 hours before landing, of the following: 

(a) the name of the fishing vessel which is to land,  

(b) the port of landing, 

(c) the planned date and time of the landing,  

(d) the quantity (expressed in kilograms of live weight or, if necessary, the number of individual fish) 
of each species to be landed (identified by its FAO alpha 3 code). 

Vessels must land in Gabonese ports all their by-catch caught in the Gabonese fishing zone.  

The landing operation must be carried out in the waters of a Gabonese port authorised for this purpose. 
Transhipment is prohibited. 

Non-compliance with these provisions shall lead to the application of the relevant penalties provided 
for under Gabonese legislation. 

2. Landing incentive  

(a) Tuna seiners 

Once  the  port  structures  and  tuna  processing  facilities  are  operational  in  Gabon,  vessel  owners  shall 
undertake  to  land  a  minimum  of  30 %  of  the  catch  from  Gabonese  waters,  taking  into  account  the 
actual  needs  of  the  production  unit.  When  landing,  tuna-fishing  vessels  shall  also  land  100 %  of  the 
by-catch kept on board, in order to supply the local market. These landings in Gabon must be able to 
benefit from the market price. Should the production unit be undersupplied, the Parties shall convene 
the Joint Committee in order to find a solution.  

(b) Pole-and-line vessels 

Vessel owners shall undertake to land 100 % of the catch from Gabonese waters in order to supply the 
local market.  

(c) The provisions referred to in paragraph 2(a) shall apply subject to notification from the Gabonese 
Party  that  the  relevant  infrastructure  is  in  fact  operational,  and  following  examination  by  the  Joint 
Committee.  

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CHAPTER VI  

Checks 

1. Entering and leaving the zone 

Gabon must be notified of any EU vessel holding a licence which enters or exits the Gabonese fishing 
zone 6 hours before the entry or exit. 

When notifying its entry or exit, the vessel shall notify in particular:  

(i) the date, time and point of passage scheduled; 

(ii) the quantity of each species held on board, identified by its FAO alpha 3 code and expressed in 
kilograms of live weight or, if necessary, the number of individual fish; 

(iii) the product presentation.  

Notification shall be given preferably by e-mail or, failing that, by fax or radio, to an e-mail address, a 
telephone  number  or  a  frequency  communicated  by  Gabon.  Gabon  shall  confirm  receipt  thereof 
immediately by return e-mail. Gabon shall immediately inform the vessels concerned and the EU of 
any change to the e-mail address, telephone number or transmission frequency.  

Any vessel found to be fishing in the Gabonese zone without having previously notified its presence 
shall be considered to be a vessel fishing illegally.  

2. Inspection at sea 

Inspection at sea in the Gabonese zone of EU vessels holding a licence shall be carried out by vessels 
and inspectors from Gabon who are clearly identified as being assigned to carry out fishing checks.  

Before going on board, the Gabonese inspectors shall warn the EU vessel of their decision to carry out 
an inspection. The inspection shall be carried out by a maximum of two inspectors, who must provide 
proof of their identity and official position as an inspector before carrying out the inspection.  

The  Gabonese  inspectors  shall  only  stay  on  board  the  EU  vessel  for  the  time  necessary  to  carry  out 
tasks linked to the inspection. They shall carry out the inspection in a way which minimises the impact 
on the vessel, its fishing activity and cargo. 

Gabon may authorise the EU to participate in the inspection at sea as an observer. 

The master of the EU vessel shall allow the Gabonese inspectors to come on board and carry out their 
work. 

At the end of each inspection, the Gabonese inspectors shall draw up an inspection report. The master 
of the EU vessel shall have the right to include his comments in the inspection report. The inspection 
report shall be signed by the inspector drawing up the report and the master of the EU vessel. 

The signature of the inspection report by the master shall be without prejudice to the vessel owner’s 
right of defence in respect of an infringement. If the master refuses to sign this document, he or she 
shall specify the reasons for doing so in writing and the inspector shall write ‘refusal to sign’ on it. The 
Gabonese inspectors shall give a copy of the inspection report to the master of the EU vessel before 
leaving  the  vessel.  Gabon  shall  send  a  copy  of  the  inspection  report  to  the  EU  within  8 days  of  the 
inspection. 

3. Inspection in port 

The  inspection  in  port  of  EU  vessels  which  land  catch  from  the  Gabonese  zone  in  the  waters  of  a 
Gabonese port shall be carried out by designated inspectors from Gabon. .  

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The inspection shall be carried out by a maximum of two inspectors, who must provide proof of their 
identity  and  official  position  as  an  inspector  before  carrying  out  the  inspection.  The  Gabonese 
inspectors shall only stay on board the EU vessel for the time necessary to carry out the tasks related to 
the  inspection  and  shall  conduct  the  inspection  in  a  way  which  minimises  the  impact  on  the  vessel, 
landing operation and cargo. 

Gabon may authorise the EU to participate in the inspection in port as an observer. 

The master of the EU vessel shall allow the Gabonese inspectors to carry out their work. 

At the end of each inspection, the Gabonese inspector shall draw up an inspection report. The master 
of the EU vessel shall have the right to include his comments in the inspection report. The inspection 
report shall be signed by the inspector drawing up the report and the master of the EU vessel. 

The signature of the inspection report by the master shall be without prejudice to the vessel owner’s 
right of defence in respect of an infringement. If the master refuses to sign this document, he or she 
shall specify the reasons for doing so in writing and the inspector shall write ‘refusal to sign’ on it. 

The Gabonese inspectors shall give a copy of the inspection report to the master of the EU vessel at the 
end of the inspection. Gabon shall send a copy of the inspection report to the EU within 8 days of the 
inspection. 

4. Participatory monitoring in the fight against IUU fishing 

In  order  to  strengthen  monitoring  of  fishing  on  the  high  seas  and  the  fight  against  IUU  fishing, 
European Union fishing vessels shall report the presence of any vessels in the Gabonese fishing zone 
which are not on the list of vessels authorised to fish in Gabon.  

Where the master of an EU fishing vessel witnesses a fishing vessel engaged in activities which may 
constitute  IUU  fishing,  he  or  she  may  seek  as  much  information  as  possible  about  what  has  been 
sighted. Sighting reports shall be sent without delay to the competent authority of the Member State of 
the sighting vessel, which shall immediately transmit them to the European Commission or to the body 
designated by it. The European Commission shall provide Gabon with this information. 

Gabon shall send the EU any sighting reports it has on fishing vessels engaged in activities which may 
constitute IUU fishing in the Gabonese fishing zone.  

CHAPTER VII  

Satellite-based vessel monitoring system (VMS) 

1. Vessel position messages – VMS system 

Whilst they are in the Gabonese zone, EU vessels holding a licence must be equipped with a satellite 
monitoring  system  (Vessel  Monitoring  System  –  VMS)  to  enable  automatic  and  continuous 
communication of their position, at all times, to the fishing control centre (Fisheries Monitoring Centre 
– FMC) of their flag State.  

Each position message must contain: 

(a) the vessel identification; 

(b) the most recent geographical position of the vessel (longitude, latitude), with a position error of less 
than 500 metres, and with a confidence interval of 99 %; 

(c) the date and time the position is recorded; 

(d) the speed and the course of the vessel. 

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Each position message must be configured in accordance with the format included in Appendix 4 to 
this Annex. 

The first position recorded after entry into the Gabonese zone shall be identified by the code ‘ENT’. 
All subsequent positions shall be identified by the code ‘POS’, with the exception of the first position 
recorded after exit from the Gabonese zone, which shall be identified by the code ‘EXI’. 

The  CSP  of  the  flag  State  shall  ensure  the  automatic  processing  and,  if  necessary,  the  electronic 
transmission of the position messages. The position messages shall be recorded in a secure manner and 
kept for a period of three years. 

2. Transmission by the vessel in the event of breakdown of the VMS 

The master shall ensure at all times that the VMS of his vessel is fully operational and that the position 
messages are correctly transmitted to the FMC of the flag State.  

In the event of breakdown, the VMS of the vessel shall be repaired or replaced within 10 days. After 
that period, the vessel shall no longer be authorised to fish in the Gabonese zone.  

Vessels  fishing  in  the  Gabonese  zone  with  a  defective  VMS  must  communicate  their  position 
messages  by  e-mail,  radio  or  fax  to  the  FMC  of  the  flag  State,  at  least  every  four  hours,  and  must 
provide all the compulsory information. 

3. Secure communication of the position messages to Gabon 

The FMC of the flag State shall automatically send the position messages of the vessels concerned to 
the  FMC  of  Gabon.  The  FMCs  of  the  flag  State  and  Gabon  shall  exchange  their  contact  e-mail 
addresses and inform each other without delay of any change to those addresses. 

The transmission of position messages between the FMCs of the flag State and Gabon shall be carried 
out electronically using a secure communication system. 

The  FMC  of  Gabon  shall  inform  the  FMC  of  the  flag  State  and  the  EU  of  any  interruption  in  the 
reception  of  consecutive  position  messages  from  a  vessel  holding  a  licence,  where  the  vessel 
concerned has not notified its exit from the zone.  

4. Malfunction of the communication system 

Gabon shall ensure the compatibility of its electronic equipment with that of the FMC of the flag State 
and  inform  the  EU  immediately  of  any  malfunction  as  regards  the  communication  and  reception  of 
position messages with a view to finding a technical solution as soon as possible. The Joint Committee 
shall deal with any possible dispute arising.  

The master shall be considered responsible for any proven tampering with a vessel’s VMS aimed at 
disturbing its operation or falsifying its position messages. Any infringements shall be subject to the 
penalties provided for by the Gabonese legislation in force. 

5. Revision of the frequency of position messages 

On the basis of documentary evidence proving an infringement, Gabon may ask the FMC of the flag 
State, copying in the EU, to reduce the interval for sending position messages from a vessel to every 
thirty minutes for a set period of investigation. This documentary evidence must be sent without delay 
by Gabon to the FMC of the flag State and the EU. The FMC of the flag State shall immediately send 
the position messages to Gabon at the new frequency.  

At the end of the set investigation period, Gabon shall immediately inform the FMC of the flag State 
and the EU and subsequently inform them of any follow-up. 

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CHAPTER VIII 

Infringements 

1. Handling of infringements 

Any infringement committed by an EU vessel holding a licence in accordance with the provisions of 
this Annex must be referred to in an inspection report. That report shall be sent to the EU and the flag 
State as soon as possible. 

The signature of the inspection report by the master shall be without prejudice to the vessel owner’s 
right  of  defence  in  respect  of  an  infringement.  The  master  of  the  vessel  shall  cooperate  while  the 
inspection procedure is being carried out. 

2. Detention of a vessel – Information meeting 

Where  permitted  under  the  Gabonese  legislation  in  force  regarding  the  infringement,  any  EU  vessel 
having committed an infringement may be forced to cease its fishing activity and, where the vessel is 
at sea, to return to a Gabonese port. 

Gabon shall notify the EU within 24 hours of any detention of an EU vessel holding a licence. That 
notification shall be accompanied by documentary evidence of the infringement.  

Before taking any measure against the vessel, the master, the crew or the cargo, with the exception of 
measures  aimed  at  protecting  evidence,  Gabon  shall  organise,  at  the  request  of  the  EU,  within  one 
working day of notification of the detention of the vessel, an information meeting to clarify the facts 
which  have  led  to  the  vessel  being  detained  and  to  explain  what  further  action  may  be  taken.  A 
representative of the flag State of the vessel may attend that information meeting.  

3. Penalties for infringements - Compromise procedure 

The  penalty  for  the  infringement  shall  be  set  by  Gabon  according  to  the  provisions  of  the  national 
legislation in force. 

Where  settling  the  infringement  involves  legal  proceedings,  before  these  are  launched,  and  provided 
that  the  infringement  does  not  involve  a  criminal  act,  a  compromise  procedure  shall  be  undertaken 
between Gabon and the EU in order to determine the terms and level of the penalty. A representative 
of  the  flag  State  of  the  vessel  and  of  the  EU  may  participate  in  that  compromise  procedure.  The 
compromise  procedure  shall  finish  at  the  latest  3 days  after  the  notification  of  the  detention  of  the 
vessel. 

4. Legal proceedings – Bank security 

If  the  compromise  procedure  fails  and  the  infringement  is  brought  before  the  competent  court,  the 
owner  of  the  vessel  which  committed  the  infringement  shall  deposit  a  bank  security  at  a  bank 
designated  by  Gabon,  the  amount  of  which,  as  set  by  Gabon,  shall  cover  the  costs  linked  to  the 
detention  of  the  vessel,  the  estimated  fine  and  any  compensation.  The  bank  security  may  not  be 
recovered until the legal proceedings have been concluded. 

The bank security shall be released and returned to the vessel owner without delay after the judgment 
has been delivered: 

(a) in full, if no penalty has been imposed; 

(b) for the amount of the remaining balance, if the penalty is a fine which is lower than the amount of 
the bank security. 

Gabon  shall  inform  the  EU  of  the  outcome  of  the  legal  proceedings  within  8  days  of  the  judgment 
being delivered. 

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5. Release of the vessel and the crew 

The  vessel  and  its  crew  shall  be  authorised  to  leave  the  port  once  the  penalty  has  been  paid  in  a 
compromise procedure, or once the bank security has been deposited. 

CHAPTER IX  

Signing-on of seamen 

1.  Owners  of  tuna  seiners  and  pole-and-line  tuna  vessels  shall  employ  ACP  nationals,  subject  to  the 
following conditions and limits: 

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

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

2. Vessel owners shall endeavour to sign on Gabonese seamen. 

3. The International Labour Organisation (ILO) Declaration on Fundamental Principles and Rights at 
Work  shall  apply  as  of  right  to  seamen  signed  on  by  EU  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. 

4. The employment contracts of seamen from the ACP countries shall be drawn up between the vessel 
owners’ representative(s) and the seamen and/or their trade unions or representatives. A copy shall be 
given  to  the  signatories.  These  contracts  shall  guarantee  the  seamen  the  social  security  cover 
applicable to them, including life assurance and sickness and accident insurance.  

5. The wages of the seamen from the ACP countries shall be paid by the vessel owners. They shall be 
fixed,  before  licences  are  issued,  by  mutual  agreement  among  the  vessel  owners  or  their 
representatives. However, the wage conditions granted to local seamen shall not be lower than those 
applied to Gabonese crews and shall under no circumstances be below ILO standards. 

6. All seamen employed aboard EU vessels shall report to the master 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, vessel owners shall be automatically absolved of their obligation to take the seaman 
on board. 

CHAPTER X  

Observers  

1. Observation of fishing activities  

Vessels holding a licence shall be subject to a scheme for observing their fishing activities carried out 
within the framework of the Agreement. 

This observation scheme shall conform to the provisions provided for in the recommendations adopted 
by ICCAT (International Commission for the Conservation of Atlantic Tunas).  

2. Designated vessels and observers 

Gabon  shall  designate  the  EU  vessels  which  must  allow  an  observer  to  embark  and  the  observer 
assigned to them at the latest 15 days before the date provided for the embarkation of the observer. EU 

EN 

24 

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vessels shall, at the request of the Gabonese authorities, take on board one observer in order to reach 
the cover rate of 25 % of licensed vessels.  

When the licence is issued, Gabon shall inform the EU and the vessel owner, or his consignee, of the 
designated  vessels  and  observers  and  the  times  at  which  the  observer  will  be  present  on  board  each 
vessel. Gabon shall immediately inform the EU and the vessel owner or his consignee of any change in 
the designated vessels and observers. 

Gabon shall endeavour not to designate observers for vessels which already have an observer on board, 
or  which  are  already  formally  obliged  to  allow  an  observer  to  embark  during  the  fishing  season  in 
question as part of their activities in fishing zones other than the Gabonese zone. 

The observers shall not spend more time on board the vessel than is necessary to carry out their duties. 

3. Flat-rate financial contribution 

At the time the annual flat-rate fee is paid, the vessel owner shall also pay Gabon a flat-rate sum of 
EUR 200 per year for each vessel. 

3. Observer’s salary 

The salary and social contributions of the observer shall be borne by Gabon.  

4. Embarkation conditions 

The embarkation conditions for the observer, in particular the duration of presence on board, shall be 
defined by mutual agreement between the vessel owner or his consignee and Gabon. 

Observers shall be treated on board as officers. However, receiving the observer on board shall take 
into account the technical structure of the vessel. 

The vessel owner shall bear the costs of providing accommodation and food for the observer on board.  

The master shall take all the measures for which he is responsible to guarantee the physical safety and 
general wellbeing of the observer. 

Observers  shall  be  offered  every  facility  needed  to  carry  out  their  duties.  They  shall  have  access  to 
means of communication and to documents relating to the fishing activities of the vessel, in particular 
the fishing logbook and navigation log, and the parts of the vessel directly linked to their duties. 

5. Observer’s obligations 

Whilst they are on board observers shall: 

(a) take all appropriate measures so as not to interrupt or hinder fishing operations; 

(b) respect on-board property and equipment; 

(c) respect the confidential nature of any document belonging to the vessel. 

6. Embarkation and landing of observers 

The observer shall embark in a port chosen by the vessel owner.  

The vessel owner or his representative shall notify Gabon, with a notice period of 10 days before the 
embarkation, of the date, time and port of embarkation of the observer. If the observer is embarked in a 
foreign country, their travel costs to the port of embarkation shall be borne by the vessel owner.  

If the observer does not arrive to embark within 12 hours of the date and time set, the vessel owner 
shall be automatically discharged from his obligation to allow the observer to embark. The vessel shall 
be free to leave the port and start fishing operations. 

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25 

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Where  the  observer  is  not  disembarked  in  a  Gabonese  port,  the  vessel  owner  shall  bear  the  costs  of 
repatriation of the observer to Gabon as soon as possible. 

7. Observer’s obligations 

The observer shall carry out the following duties: 

(a) observe the fishing activities of the vessel; 

(b) verify the position of the vessel during fisheries operations; 

(c) perform biological sampling in the context of a scientific programme; 

(d) note the fishing gear used; 

(e) verify the catch data for the Gabonese zone recorded in the logbook; 

(f) verify the percentages of by-catch and estimate the discarded catch; 

(g) communicate observations by radio, fax or e-mail at least once a week while the vessel is fishing in 
the Gabonese zone, including the quantity of catch and by-catch on board. 

8. Observer’s report 

Before leaving the vessel, the observer shall submit a report of his observations to the captain of the 
vessel. The master of the vessel shall have the right to make comments in the observer’s report. The 
report shall be signed by the observer and the master. The master shall receive a copy of the observer’s 
report.  

The observer shall send his report to Gabon, which shall send a copy of it to the EU within 8 days of 
the observer’s disembarkation. 

------------------------------------------------------------------ 

Appendices to this Annex 

1. Appendix 1 – Licence application form 

2. Appendix 2 – Technical sheet 

3. Appendix 3 – Fishing logbook 

4. Appendix 4 – Format of VMS position message 

5. Appendix 5 – Limits of the Gabonese fishing zone 

6. Appendix 6 – Electronic reporting of fishing operations 

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26 

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Appendix 1 

GABON - EUROPEAN UNION FISHING AGREEMENT 

FISHING LICENCE APPLICATION FORM 

I - APPLICANT 

1.  Name of vessel owner: 
..................................................................................................................................................................... 

2.  Address of vessel owner: 
.................................................................................................................................................................... 

2.  Name of the vessel owner’s association or agent: 
............................................................................................................... 

3.  Address of the vessel owner’s association or agent: 
.......................................................................................................... 

4.  Telephone:...........................................Fax:...................................E-mail:........................................... 

5.  Name of master: .......................................Nationality: ....................... E-mail:................................... 

II – VESSEL AND IDENTIFICATION 

1.  Vessel name: 
..................................................................................................................................................................... 

2.  Flag State: 
................................................................................................................................................................... 

3.  External registration number: 
............................................................................................................................................... 

4.  Port  of 
IMO Number:……………………………………….. 

registry:  ………………………..………….  MMSI:  ……………..……….….……. 

5.  Date on which current flag was acquired: ........../........./.............. Previous flag, if any: .................... 

6.  Year  and  place  of  construction:  ....../......./..........  in…………………………………...........  Radio 
call sign: ..................................... 

7.  Call frequency: .............................................. Satellite telephone number:........................................ 

8.  Hull construction material: 

Steel (cid:133) 

Wood (cid:133) 

Polyester (cid:133)  Other (cid:133) 

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27 

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III - TECHNICAL CHARACTERISTICS AND EQUIPMENT 

1.  Overall length: ..................................................  Width: ....................................... 

2.  Tonnage (expressed in GT): .............................  Net tonnage: ………………… 

3.  Power of main engine in kW: .........................Make: ............................................. 
........................................... 

Type: 

4.  Vessel Type: (cid:133) Tuna seiner  (cid:133) Pole-and-line vessel 

5.  Fishing gear types: ..................................................  

6.  Fishing zones: ...............................................................  Target species:  

7.  Designated port for landing operations: ............................................................... 

8.  Crew complement: ............................................................... 

9.  Method of preservation on board: Cooling (cid:133)  Refrigeration (cid:133) 

Mixed (cid:133) 

Freezing (cid:133) 

10.  Freezing capacity in tonnes/24 hours: ................. 

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

Number: ..... 

11.  VMS transponder: 

Manufacturer: ……………………Model: …………………. Serial No.: ………………… 

Software version: ........................................................... Satellite operator: ………………..  

I, the undersigned, certify that the information provided in this application is true and given in good 
faith. 

Done at ..............................................., ………………/………………/……………… 

Name of applicant ................................................................... 

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Fishing zone: 

Appendix 2 – Technical sheet 

Beyond  12  nautical  miles  from  the  baseline,  excluding  zones  closed  to  shipping  and  fishing 

provided for under Appendix 5. 

Authorised categories: 

Tuna seiners 

Pole-and-line tuna vessels 

By-catch:  

Compliance with ICCAT and FAO recommendations. 

Fees and tonnage: 

Fee per tonne caught 

Annual national fee: 

Number of vessels authorised to fish  

Other 

Tuna seiners and pole-and-line vessels 
- 1st year: EUR 55 per tonne 
- 2nd and 3rd years: EUR 65 per tonne 

Tuna seiners and pole-and-line vessels 

EUR 13 750 per year, for the duration of 
the Protocol 

27 tuna seiners 
8 pole-and-line vessels  

 Observers  on  25 %  of  vessels  authorised  to  fish  –  flat-rate  financial  contribution:  EUR 200  per 

vessel per year.  

Seamen: 20 % of seamen signed on are ACP nationals. 

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29 

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Appendix 3 – Fishing logbook 

ICCAT LOGBOOK FOR TUNA FISHERY 

Month Day  Year 

Port 

Longline 

Live bait 

Purse seine 

Trawl 

Outros (Others) 

Vessel name: 
…………………………………………
………………………………………… 

Gross tonnage: 
…………………………………
…………………………………

Flag country:   
…………………………………………
………………………………………… 

Capacity – (MT): 
…………………………………
…………………………………

Vessel 
DEPARTED: 

Registration number:   
…………………………………………
………………………………………… 

Master: 
…………………………………
…………………………………

Vessel 
RETURNED: 

Vessel owner: 
…………………………………………
………………………………………… 

No of crew: 
…………………………………
…………………………………

Address: 
………………………………………… 

Reporting date: 
…………………………………

No of 
days at 
sea: 

No of fishing 
days: 

No of sets 
made: 

Trip 
number: 

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30 

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Date 

Sector 

Capturas (Catches) 

h
t
n
o
M

y
a
D

/

S
N
e
d
u
t
i
t
a
L

/

W
E
e
d
u
t
i
g
n
o
L

Surface 
water 
temp 

(ºC) 

Fishing 
effort 

No of 
hooks used 

Bluefin tuna 

Thunnus 

thynnus or 

maccoyii  

Yellowfin 
tuna 

Thunnus 

albacares 

(Bigeye tuna)

(Albacore) 

(Strip marlin) 

(Swordfish)

(White marlin) 

(Black 
marlin) 

(Sailfish) 

(Skipjack) 

Daily total

(Miscellaneous 
fish) 

Thunnus 

obesus 

Thunnus 

alalunga 

Xiphias 

gladius 

Tetraptunus 

Makaira 

audax or 
albidus 

indica 

Istiophorus 
albicans or 
platypterus 

Katsuwonus 

pelamis 

  Num

ber 

Weight kg  Numbe

kg  Numbe

Kg  Numbe

kg  Numbe

kg  Numbe

kg 

r 

r 

r 

r 

r 

Numbe
r 

kg 

Number 

kg 

Numbe
r 

kg 

Number

kg 

Isco usado na pesca 

(Bait used) 

y
r
u
a
S

d
i
u
q
S

t
i
a
b
e
v
i
L

)
r
e
h
t
O

(

(weight in 
kg only) 

Numb
er 

kg 

LANDING WEIGHT 
(IN KG) 

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31 

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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 
to  your 
the 
a  copy  of 
correspondent  or  to  the  ICCAT, 
Calle Corazón de María, 8, 28002 
Madrid, Spain 

log 

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. 

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32 

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Appendix 4 

COMMUNICATION OF VMS MESSAGES TO GABON 

POSITION REPORT  

Data Element 

Co
de 

Mandatory 
or optional 

Remarks 

Start record 

SR 

M 

System detail indicating start of record 

Addressee 

AD 

M 

Message  detail  –  Addressee  Alpha-3  country  code 
(ISO-3166) 

From 

FR 

M 

Message  detail  –  Sender  Alpha-3  country  code 
(ISO-3166) 

Flag State 

FS 

M 

Message  detail  –  Flag  State  Alpha-3  code  (ISO-
3166) 

Type of message 

T
M 

M 

Message detail – Message type (ENT, POS, EXI) 

Radio 
(IRCS) 

call 

sign 

RC 

M 

Vessel  detail  –  Vessel  international  radio  call  sign 
(IRCS) 

Contracting 
internal 
number 

Party 
reference 

IR 

O 

Vessel  detail  –  Unique  contracting  party  number 
Alpha-3 code (ISO-3166) followed by number 

External  registration 
number 

XR 

M 

Vessel  detail  –  Number  on  side  of  vessel 
(ISO 8859.1) 

Latitude 

LT 

M 

Vessel  position  detail  –  Position  in  degrees  and 
decimal degrees N/S DD.ddd (WGS84) 

Longitude 

LG 

M 

Vessel  position  detail  –  Position  in  degrees  and 
decimal degrees E/W DD.ddd (WGS84) 

Course 

Speed 

CO 

SP 

M 

M 

Vessel course 360° scale 

Vessel speed in tenths of knots  

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Date 

Time 

DA 

M 

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

TI 

M 

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

End record 

ER 

M 

System detail indicating end of record 

Each data transmission is structured as follows: 

(1) 

(2) 

(3) 

(4) 

(5) 

(6) 

Characters used must comply with the ISO 8859.1 standard. 

A double slash (//) and the characters ‘SR’ indicate the start of a message. 

Each  data  element  is  identified  by  its  code  and  separated  from  the  other  data 
elements by a double slash (//). 

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

The ‘ER’ code followed by a double slash (//) indicates the end of the message. 

The  optional  data  elements  must  be  inserted  between  the  start  and  the  end  of  the 
message. 

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Appendix 5 

LIMITS OF THE GABONESE FISHING ZONE 

COORDINATES OF THE FISHING ZONE 

The  competent  Gabonese  authorities  shall  notify  the  competent  EU  services  of  the 
geographical coordinates of the Gabonese baseline, Gabonese fishing zone and zones closed 
to  shipping  and  fishing.  The  Gabonese  authorities  shall  also  undertake  to  communicate  any 
changes to those coordinates at least one month in advance. 

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35 

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Appendix 6 

Guidelines for managing and implementing the electronic reporting system for fishing 
activities (ERS) 

Reference: Annex to the Protocol to the EU/Gabon Fisheries Agreement 

General provisions 

(1) 

(2) 

(3) 

(4) 

(5) 

(6) 

(7) 

(a) 

(b) 

(c) 

All  EU  fishing  vessels  must  be  equipped  with  an  electronic  system,  hereinafter 
referred  to  as  an  ‘ERS’,  capable  of  recording  and  transmitting  data  concerning  the 
vessel’s  fishing  activities,  hereinafter  referred  to  as  ‘ERS  data’,  when  the  vessel  is 
operating in Gabonese waters. 

An EU vessel that is not equipped with an ERS, or whose ERS is not working, is not 
authorised to enter Gabonese waters in order to engage in fishing activities. 

ERS data shall be transmitted in accordance with the procedures of the vessel’s flag 
State,  i.e.  they  shall  firstly  be  sent  to  the  Fisheries  Monitoring  Centre  (hereinafter: 
FMC)  of  the  flag  State  which  will  make  them  automatically  available  to  the 
Gabonese FMC.  

The  flag  State  and  Gabon  shall  ensure  that  their  FMCs  have  the  necessary 
IT equipment  and  software  to  automatically  transmit  ERS  data  in  xml  format, 
[available  via  http://ec.europa.eu/cfp/control/codes/index_en.htm]  and  shall  have  a 
backup procedure in place capable of saving and storing ERS data in a format which 
will be computer-readable for at least 3 years. 

Any  change  or  update  to  this  format  shall  be  identified  and  dated  and  must  be 
operational six months after its introduction. 

ERS data must be transmitted using the electronic means of communication operated 
by  the  European  Commission  on  behalf  of  the  EU,  referred  to  as  the  DEH  (Data 
Exchange Highway). 

The flag State and Gabon shall each designate an ERS correspondent who will act as 
the point of contact.  

ERS correspondents shall be designated for a minimum period of six months. 

The FMCs of the flag State and Gabon shall notify one another of the contact details 
(name, address, telephone number, fax, e-mail address) of their ERS correspondent, 
before the supplier starts production of the ERS. 

Any  changes  to  the  contact  details  of  the  ERS  correspondent  must  be  notified 
immediately. 

Producing and communicating ERS data 

(8) 

(a) 

(b) 

(c) 

EU fishing vessels must: 

communicate on a daily basis ERS data for each day spent in Gabonese waters; 

record  the  quantity  of  each  species  caught  and  kept  on  board  as  target  species  or 
by-catch, or discarded, for each fishing operation; 

declare the bad catch of each species specified in the fishing authorisation issued by 
Gabon; 

EN 

36 

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(d) 

(e) 

(f) 

(g) 

(h) 

(9) 

(10) 

(11) 

identify each species by its FAO 3-alpha code; 

express  quantities  in  kilograms  of  live  weight  or,  where  necessary,  the  number  of 
individual fish; 

record by species in the ERS data the quantity transhipped and/or unloaded;  

record in the ERS data, every time Gabonese waters are entered (COE message) or 
exited (COX message), a specific message containing the quantities held on board at 
the time of passing for each species specified in the fishing authorisation issued by 
Gabon; 

transmit  ERS  data  on  a  daily  basis  to  the  FMC  of  the  flag  State,  according  to  the 
format referred to in paragraph 3 above, by 23:59 UTC at the latest. 

The master is responsible for the accuracy of the ERS data recorded and sent.  

The FMC of the flag State shall send the ERS data automatically and without delay 
to the Gabonese FMC.  

The  Gabonese FMC shall confirm that it has  received  the ERS  data by means of  a 
return message and shall handle all ERS data confidentially.  

Failure of the on-board ERS and/or transmission of ERS data between the vessel and the 
FMC of the flag State 

(12) 

(13) 

(14) 

(15) 

(a) 

(b) 

(16) 

(17) 

The flag State shall immediately inform the master and/or owner of a vessel flying its 
flag, or his representative, of any technical failure of the ERS installed on board or 
breakdown in transmission of ERS data between the vessel and the FMC of the flag 
State.  

The flag State shall inform Gabon of the failure detected and the corrective measures 
taken.  

In  the  event  of  a  breakdown  in  the  on-board  ERS,  the  master  and/or  owner  shall 
ensure the ERS is repaired or replaced within 10 days. If the vessel makes a call at a 
port  within  those  10 days,  it  may  only  resume  fishing  activity  in  Gabonese  waters 
once its ERS is in perfect working order, unless Gabon authorises otherwise.  

Following a technical failure in its ERS, a fishing vessel may not leave port until: 

its  ERS  is  in  working  order  once  again,  to  the  satisfaction  of  the  flag  State  and 
Gabon, or 

it  receives  authorisation  from  the  flag  State.  In  the  latter  case,  the  flag  State  shall 
inform Gabon of its decision before the vessel leaves.  

Any  EU  vessels  operating  in  Gabonese  waters  with  a  faulty  ERS  must  transmit  all 
ERS data on a daily basis and by 23:59 UTC at the latest to the FMC of the flag State 
by  any  other  available  means  of  electronic  communication  accessible  by  the 
Gabonese FMC.  

ERS  data  which  could  not  be  made  available  to  Gabon  via  the  ERS  owing  to  the 
failure referred to in paragraph 10 shall be transmitted by the FMC of the flag State 
to the Gabonese FMC by another mutually agreed form of electronic communication. 
This alternative transmission shall be considered priority as it will not be possible to 
comply with the transmission deadlines usually applicable. 

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37 

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(18) 

If  the  Gabonese  FMC  does  not  receive  ERS  data  from  a  vessel  for  3  consecutive 
days, Gabon may instruct a vessel to immediately call at a port of Gabon’s choosing 
in order to investigate.  

FMC failure – ERS data not received by Gabonese FMC 

(19) 

(20) 

(21) 

(22) 

(23) 

In the event that ERS data is not received by an FMC, its ERS correspondent shall 
immediately  inform  the  ERS  correspondent  for  the  other  FMC  and,  if  necessary, 
work together in order to resolve the problem. 

Before  the  ERS  becomes  operational,  the  FMC  of  the  flag  State  and  the  Gabonese 
FMC shall mutually agree on the alternative means of electronic communication to 
be  used  in  order  to  transmit  ERS  data  in  the  event  of  an  FMC  failure,  and  shall 
immediately inform one another of any changes thereto. 

If the Gabonese FMC reports that ERS data has not been received, the FMC of the 
flag State shall identify the causes of the problem and take appropriate measures in 
order to resolve the problem. The FMC of the flag State shall inform the Gabonese 
FMC  and  the  EU  of  the  outcome  of  the  measures  taken  within  24 hours  after 
recognising the failure.  

If more than 24 hours is required in order to resolve the problem, the FMC of the flag 
State shall immediately transmit the missing ERS data to the Gabonese FMC via one 
of the alternative means of electronic communication referred to in point 17. 

Gabon shall inform its competent monitoring services (MCS) so that EU vessels are 
not  considered  by  the  Gabonese  FMC  as  being  in  violation  of  their  obligations  for 
not transmitting ERS data, owing to a failure in one of the FMCs. 

FMC maintenance 

(24) 

(25) 

(26) 

(27) 

Planned  maintenance  of  an  FMC  (maintenance  programme)  which  may  affect  the 
exchange  of  ERS  data  must  be  notified  at  least  72 hours  in  advance  to  the  other 
FMC,  indicating,  where  possible,  the  date  and  duration  of  the  maintenance  work. 
Information  about  unplanned  maintenance  work  shall  be  sent  to  the  other  FMC  as 
soon as possible. 

During  the  maintenance  work,  the  provision  of  ERS  data  may  be  put  on  hold  until 
the  system  is  operational  again.  The  relevant  ERS  data  shall  be  made  available 
immediately after the maintenance work has been completed. 

If  the  maintenance  work  takes  more  than  24 hours,  ERS  data  shall  be  sent  to  the 
other FMC using one of the alternative means of electronic communication referred 
to in point 17. 

Gabon shall inform its competent monitoring services (MCS) so that EU vessels are 
not  considered  by  the  Gabonese  FMC  as  being  in  violation  of  their  obligations  for 
not transmitting ERS data, owing to the maintenance of an FMC. 

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LEGISLATIVE FINANCIAL STATEMENT 

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 method(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 

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LEGISLATIVE FINANCIAL STATEMENT 

1. 

FRAMEWORK OF THE PROPOSAL/INITIATIVE  

1.1. 

Title of the proposal/initiative  

Proposal  for  a  Council  Decision  on  the  conclusion  of  the  Protocol  between  the 
European Union and the Gabonese Republic setting out the fishing opportunities and 
financial  contribution  provided  for  in  the Fisheries  Partnership  Agreement  between 
the two Parties currently in force 
Policy area(s) concerned in the ABM/ABB structure5  

1.2. 

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 
project/preparatory action6  

relates 

to  a  new  action 

following  a  pilot 

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. 

Objective(s) 

1.4.1.  The  Commission's  multiannual 

strategic  objective(s) 

targeted  by 

the 

proposal/initiative  

The negotiation and conclusion of fisheries agreements with third countries meets the 
general objective of giving EU fishing vessels access to fishing zones located in the 
exclusive  economic  zone  (EEZ)  of  third  countries  and  developing  relations  with 
those countries in a spirit of partnership with a view to strengthening the sustainable 
exploitation of fishery resources outside EU waters. 

The  Fisheries  Partnership  Agreements  (FPAs)  also  ensure  coherence  between  the 
principles governing the Common Fisheries Policy and the commitments made under 
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). 

1.4.2. 

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

Specific objective No 1 

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  consumers  by  negotiating  and  concluding  FPAs  with  coastal  states,  consistent 
with other European policies. 

ABM/ABB activity(ies) concerned 

5 
6 

ABM: Activity-Based Management – ABB: Activity-Based Budgeting. 
As referred to in Article 49(6)(a) or (b) of the Financial Regulation. 

EN 

40 

   EN 

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

EN 

41 

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1.4.3.  Expected result(s) and impact 

the  effects  which 
Specify 
beneficiaries/groups targeted. 

the  proposal/initiative 

should  have  on 

the 

The  conclusion  of  the  Protocol  will  help  maintain  the  fishing  opportunities  for  EU 
vessels in the Gabonese fishing zone. 

The Protocol will also contribute to better management and conservation of fishery 
resources,  through  financial  support  (sectoral  support)  for  the  implementation  of 
programmes adopted at national level by the partner country, in particular as regards 
monitoring and combating illegal fishing. 

1.4.4. 

Indicators of results and impact  

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

Rates 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; 

Contribution to employment and to added value in the EU and to stabilising the EU 
market (in aggregate with other FPAs); 

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 for the period 2005-2011 expired on 2 December 2011. It is intended 
that the new Protocol will apply provisionally from the date of signature. To ensure 
the  resumption  of  fishing  operations,  a  procedure  for  adoption  by  the  Council  of  a 
Decision  on  the  signing  and  provisional  application  of  the  Protocol  has  been 
launched in parallel with this procedure. 

The new Protocol will provide a framework for the fishing activities of the European 
fleet in the Gabonese fishing zone and will, in particular, authorise European vessel 
owners  to  apply  for  fishing  licences  allowing  them  to  fish  in  Gabonese  waters.  In 
addition, the new Protocol enhances cooperation between the EU and the Gabonese 
Republic, with a view to promoting the development of a sustainable fishing policy. 
It provides, in particular, for vessels to be monitored via VMS and for the electronic 
transmission  of  catch  data.  Sectoral  support  has  been  strengthened  to  help  the 
Gabonese  Republic  with  its  national  fisheries  strategy  and  in  the  fight  against  IUU 
fishing. 

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  Gabonese  Republic  will 
continue to cooperate effectively with the EU particularly as regards the fight against 
illegal fishing. 

1.5.3.  Lessons learned from similar experiences in the past 

Analysis  of  catches  under  the  previous  Protocol  led  the  Parties  to  increase  the 
reference  tonnage.  Sectoral  support  has  been  strengthened  taking  account  of  the 

EN 

42 

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priorities of the national fisheries strategy and needs in terms of building the capacity 
of the Gabonese fishing authorities.  

1.5.4.  Coherence and possible synergy with other appropriate instruments 

Funds paid out under FPAs constitute fungible revenue in the budgets of the 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 providers of international funding for carrying out projects and/or 
programmes at national level in the fisheries sector. 

EN 

43 

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1.6. 

Duration and financial impact  

X Proposal/initiative of limited duration  

–  X Proposal/initiative in force from the date of signature of the Protocol and for a 

duration of three years. 

–  X Financial impact from 2013 to 2015 

(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 method(s) envisaged7  

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 Communities8 

–  (cid:133)  National public-sector bodies/bodies with 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 

7 

8 

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. 

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2. 

MANAGEMENT MEASURES  

2.1.  Monitoring and reporting rules  

Specify frequency and conditions. 

The Commission (DG MARE, in collaboration with its fisheries counsellor in Gabon 
and the European Union’s Delegation in Libreville) will ensure regular monitoring of 
the implementation of this Protocol, particularly as regards operators’ use 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  third  country 
concerned review the implementation of the Agreement and the Protocol thereto and, 
if  necessary,  adjust  the  programming  and,  where  applicable,  the  financial 
contribution. 

2.2.  Management and control system  

2.2.1.  Risk(s) identified  

There is some risk in setting up a fisheries protocol, particularly with regard to the 
amounts  intended  to  finance  the  sectoral  fisheries  policy  (under-programming). 
These  difficulties  were  not  encountered  with  the  Gabonese  Republic  during  the 
implementation of the 2005-11 Protocol. 

2.2.2.  Control method(s) envisaged  

To  avoid  these  risks,  extensive  dialogue  is  planned  on  the  programming  and 
implementation  of  the  sectoral  policy.  Joint  analysis  of  results,  as  referred  to  in 
Article 3, 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 Commission undertakes to establish regular political dialogue with the Gabonese 
Republic  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 the Commission's 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, 
Article 2(9) stipulates that the entire financial contribution must be paid into a single 
Gabonese Public Treasury account. 

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3. 

3.1. 

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  

Heading of 
multiannual 
financial 
framework 

Number  
[Description…...] 

DA/ 
NDA 
9 

from 
EFTA 
countries
10 

from 
candidate 
countries11 

from 
third 
countries 

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

2 

11.0301 

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  

Heading of 
multiannual 
financial 
framework 

Number  
[Description…...] 

DA/ 
NDA 

from 
EFTA 
countries 

from 
candidate 
countries 

from 
third 
countries 

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

[XX.YY.YY.YY] 

YES/ 
NO 

YES/ 
NO 

YES/ 
NO 

YES/NO 

9 
10 
11 

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 

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3.2. 

Estimated impact on expenditure  

3.2.1. 

Summary of estimated impact on expenditure  

Heading of multiannual financial 
framework:  

Number 
2 

Preservation and management of natural resources 

EUR million (to 3rd decimal place) 

DG: MARE 

(cid:121) Operational appropriations  

Commitments 

Number of budget line: 11.0301 

(1) 
(2) 
(1a) 
(2a) 
Appropriations  of  an  administrative  nature  financed  from 
the envelope for specific programmes13  

Number of budget line: 

Commitments 

Payments 

Payments 

Year 
N12 

Year 
N+1 

Year 
N+2 

Year 
N+3 

Year 
N+4 

2013 

2014 

2015 

2016 

2017 

TOTAL 

1.350
1.350

1.350
1.350

1.350 
1.350 

4.050
4.050

Number of budget line: 11.010404 

(3) 

0.037

0.037

0.037 

TOTAL appropriations 
for DG MARE 

Commitments 

=1+
1a 
+3 

1.387

1.387

1.387 

4.161

12 
13 

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. 

47 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
Payments 

=2+
2a 

+3 

1.387

1.387

1.387 

(cid:121) TOTAL operational appropriations  

Commitments 

Payments 

(4) 

(5) 

1.350

1.350

1.350

1.350

1.350 

1.350 

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

(6) 

0.037

0.037

0.037 

TOTAL appropriations  
under HEADING 2 
of the multiannual financial 
framework 

Commitments 

Payments 

=4+ 
6 

=5+ 
6 

1.387

1.387

1.387 

1.387

1.387

1.387 

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 appropriations  
under HEADINGS 1 to 4 
of the multiannual financial 
framework 
(Reference amount) 

Commitments 

Payments 

(4) 

(5) 

(6) 

=4+ 
6 

=5+ 
6 

4.161

4.050

4.050

0.111

4.161

4.161

EN 

48 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
Heading of multiannual financial 
framework:  

5 

‘Administrative expenditure’ 

EUR million (to 3rd decimal place) 

Year 
N14 

Year 
N+1 

Year 
N+2 

Year 
N+3 

Year 
N+4 

2013 

2014 

2015 

2016 

2017 

TOTAL 

DG: MARE 

(cid:121) Human resources  
(cid:121) Other administrative expenditure  

0.059
0.010

0.059
0.010

0.059 
0.010 

TOTAL DG MARE 

Appropriations  

0.069

0.069

0.069 

TOTAL appropriations 
under HEADING 5 
of the multiannual financial 
framework  

(Total 
commitments 
Total payments) 

= 

0.069

0.069

0.069 

0.177 
0.030 

0.207 

0.207 

EUR million (to 3rd decimal place) 

Year 
N15 

Year 
N+1 

Year 
N+2 

Year 
N+3 

Year 
N+4 

2013 

2014 

2015 

2016 

2017 

TOTAL 

14 
15 

Year N is the year in which implementation of the proposal/initiative starts. 
Year N is the year in which implementation of the proposal/initiative starts. 

EN 

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TOTAL appropriations  
under HEADINGS 1 to 5 
of the multiannual financial 
framework  

Commitments 

1.456

1.456

1.456 

Payments 

1.456

1.456

1.456 

4.368 

4.368 

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50 

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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 3 decimal places) 

Indicate the 
objectives 
and outputs 

Year 
N 

2013 

Year 
N+1 

2014 

Year 
N+2 

2015 

Year 
N+3 

2016 

OUTPUTS 

Year 
N+4 

2017 

TOTAL 

(cid:216) 

Type16 

Average 
cost of 
the 

r
e
b
m
u
output  N

Cost 

r
e
b
m
u
N

Cost 

r
e
b
m
u
N

Cost 

r
e
b
m
u
N

Cost 

r
e
b
m
u
N

Cost 

r
e
b
m
u
N

Cost 

r
e
b
m
u
N

Cost 

l
a
t
o
T

  Total 
.
o
N
cost 

SPECIFIC OBJECTIVE 
No 117… 

Tuna vessel 
licences 

Sectoral 
support 

Tonnage 

EUR 45/t  20.000 0.9 

20.000 

0.9 

20.000 

0.9 

0.450 

1 

0.450

1 

Sub-total for specific objective 
No 1 

1.350

SPECIFIC OBJECTIVE 
No 2… 

0.45
0 

1.35
0 

1 

0.450 

1.350 

4.050 

16 
17 

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)’.  

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Output 

Sub-total for specific 
objective No 2 

TOTAL COST 

1.350

1.35
0 

1.350 

4.050 

EN 

52 

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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 3rd decimal place) 

Year 
N18 
2013 

Year 
N+1 
2014 

Year 
N+2 
2015 

Year 
N+3 
2016 

Year 
N+4 
2017 

TOTAL 

HEADING 5 
of the 
multiannual 
financial 
framework 

Human resources  

0.059

0.059 

0.059

Other  administrative 
expenditure  

0.010

0.010 

0.010

0.069

0.069 

0.069

Subtotal 
HEADING 5 
of the 
multiannual 
financial 
framework  

Outside 
HEADING 519 of 
the multiannual 
financial 
framework  

Human resources  

0.031

0.031 

0.031

Other  administrative 
expenditure 

0.006

0.006 

0.006

Subtotal  
outside 
HEADING 5 
of the 
multiannual 
financial 
framework  

0.037

0.037 

0.037

0.177 

0.030 

0.207 

0.093 

0.018 

0.111 

18 
19 

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. 

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TOTAL 

0.106

0.106 

0.106

0.318 

The administrative appropriations required will be met by the appropriations of the 
DG which are already assigned to management of the action and/or which 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.  

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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 
2013 

Year
N+1 
2014

Year 
N+2 
2015 

Year 
N+3 
2016 

Year N+3 

2017 

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

11 01 01 01 (Headquarters and 
Commission’s Representation 
Offices) 

11 01 01 02 (Delegations) 

11 01 05 01 (Indirect research) 

0.35 

0.35 

0.35 

10 01 05 01 (Direct research) 
(cid:121) External personnel (in full-time equivalent – FTE)20  

0.1 

0.1 

0.1 

11 01 02 01 (CA, INT, SNE 
from the ‘global envelope’) 

11 01 02 02 (CA, INT, JED, 
LA and SNE in the delegations) 

11 01 04 04 21 

at 
Headquarters
22 

in delegations  

0.25 

0.25 

0.25 

11 01 05 02 (CA, INT, SNE - 
Indirect research) 

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

Other budget lines (specify) 

TOTAL 

0.7 

0.7 

0.7 

11 is the policy area or budget title concerned. 

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. 

20 

21 
22 

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

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Description of tasks to be carried out: 

Officials and temporary staff  Monitoring and management of the process for the (re)negotiation of the 
FPA  and  the  approval  of  the  result  of  the  negotiations  by  the 
institutions;  management  of  the  current  FPA,  including  permanent 
operational and financial monitoring; management of licences. 

External personnel 

Desk officer from DG MARE + HoU/deputy HoU + secretariat: overall 
estimate of 0.45 people/year 

Calculation  of  costs:  0.45 people/year  x  EUR 131 000/year  = 
EUR 58 950 => EUR 0.059 million 

Monitoring the implementation of the sectoral support – CA assigned to 
the Delegation (Libreville): overall estimate of 0.25 people/year 

Calculation  of  costs:  0.25  people/year  x  EUR 125 000/year  = 
EUR 31 250 => EUR 0.031 million 

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3.2.4.  Compatibility with the current multiannual financial framework  

–  X  The  proposal/initiative  is  compatible  with  the  current  multiannual  financial 

framework. 

–  (cid:133)  The 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)  The  proposal/initiative  requires  application  of  the  flexibility  instrument  or 

revision of the multiannual financial framework23. 

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 cofinancing by third parties.  

–  (cid:133) The proposal/initiative provides for the cofinancing estimated below: 

Appropriations in EUR million (to 3 decimal places) 

Year 
N 

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 

Specify 
cofinancing 
body/source  

TOTAL 
appropriations 
financed  

the 

co-

23 

See points 19 and 24 of the Interinstitutional Agreement. 

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3.3. 

Estimated impact on revenue  

–  X The proposal/initiative has no financial impact on revenue. 

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

– 

– 

(cid:133) 

(cid:133) 

on own resources  

on miscellaneous revenue  

Appropriatio
ns available 
for the 
ongoing 
budget 
exercise 

Budget 
line: 

revenue 

Article …………. 

EUR million (to 3rd decimal place) 

Impact of the proposal/initiative24 

Year 
N 

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) 

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

Specify the method for calculating the impact on revenue. 

24 

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. 

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