CELEX: 51993PC0177(01)
Language: en
Date: 1993-05-05
Title: Proposal for a COUNCIL DECISION on the conclusion of the Agreement in the form of an Exchange of Letters concerning the provisional application of the Protocol establishing, for the period 1 June 1993 to 31 May 1996, the fishing rights and financial compensation provided for in the Agreement between the European Community and the Government of the Democratic Republic of Sâo Tomé e Príncipe on fishing off of the Democratic Republic of Sâo Tomé e Príncipe on fishing off Sâo Tomé e Príncipe

COMMISSION OF THE EUROPEAN COMMUNITIES
                                                             COM(93) 177 final
                                                             Brussels,  5 May 1993
                                                Proposal for a
                                              COUNCIL DECISION
                       on the conclusion of the Agreement in the form of an Exchange
                    of Letters concerning the provisional application of the Protocol
                          establishing, for the period 1 June 1993 to 31 May 1996,
                         the fishing rights and financial compensation provided for
                   in the Agreement between the European Community and the Government
                     of the Democratic Republic of Sào Tome e Principe on fishing off
                                             Sâo Tome e Principe
                                                Proposal for a
                                          COUNCIL REGULATION (EEC)
                      on the conclusion of the Protocol establishing, for the period
                    from 1 June 1993 to 31 May 1996, the fishing rights and financial
                     compensation provided for in the Agreement between the European
                        Community and the Government of the Democratic Republic of
                           Sâo Tome e Principe on fishing off sâo Tome e Principe
                                        (presented by the Commission)
**•' > ': ' 'Ji|
fee _ > / Z i ^
 ---pagebreak---                              EXPLANATORY MEMORANDUM
The   Protocol  attached   to  the  fishing  Agreement  between  the  European
Community and the Government of the Republic of Sâo Tome e Principe expires
on   31.5.1993. A  new   Protocol  establishing  the technical  and  financial
conditions for fishing activity by the EEC fishing       fleet in Sâo Tome e
Principe waters for the period from 1.6.1993 to 31.5.1996 was initialled by
the two Parties on 10.2.1993.
The terms are identical to those of the previous protocol.
On this basis the Commission proposes that the Council adopt:
    by decision, a draft Agreement in the form of an Exchange of Letters
    concerning the provisional application of the new Protocol pending its
    definitive entry into force,
    by regulation, the Protocol establishing the fishing opportunities and
    technical and financing conditions pertaining thereto as agreed by the
   European Community and Republic of Sâo Tome e Principe for the period
    1.6.1993 to 31.5.1996.
 ---pagebreak---                                                                                                                                             3
                                                              Proposal for a
                                                             COUNCIL DECISION
                                                               of
                            on the conclusion of the Agreement fa the form of «a Exchange of Letters concerning the
                            provisional application of the Protocol establishing, for the period t June I f f J to i l May
                            Ifffc. the flatting righu aad financial compensation provMcd for ia the Afrccmcnt
                            between the European                Community aad the Government of the Democratic
                                     Republic of Sao Tome c Principe oo fishing off S i o Tome c Principe
          THE COUNCIL OF THE EUROPEAN COMMUNITIES,
          Having regard to the Treaty establishing the European
                       Community,
                                                                              wtiereas, in order to avoid any interruption in the
                                                                              fishing activities of Community vessels, it is essential that
                                                                              the new Protocol be applied as soon as possible;
                                                                              whereas, for this reason, the two Parties initialled an
                                                                              Agreement in the form of an Exchange of Letters
          Having regard to the Agreement between the European                 providing for the provisional application of the initialled
                        Community and the Government of the                   Protocol from the day following the date of expiry of
          Democratic Republic of S i o Tome e Principe on fishing             the Protocol in question; whereas the Agreement in the
          off Sio Tome e Principe ('), which entered into force on            form of an Exchange of Letters should be approved,
           18 April 1983,                                                     pending a final decision taken under Article 43 of the
                                                                              Treaty,
          Having regard to the proposal from the Commission,
                                                                              HAS DECIDED AS FOLLOWS:
          Whereas negotiations have been held between               the
          Community and Sio Tom* e Principe to determine            the
          amendments or additions to be introduced into             the                                 Article /
          Agreement on fishing off Sio Tome e Principe at           the       The Agreement in the form of an Exchange of Letters
          end of the period of application of the Protocol;                   concerning the provisional application of the Protocol
                                                                              establishing, for the period 1 June 1993 to 31 May 1994
          Whereas, as a result of these negotiations, a new                    the fishing rights and financial compensation provided
                                                                               for in the Agreement between the European Economic
          Protocol was initialled on 1 0 . 2 . 9 3
                                                                              Community and the Government of the Democratic
                                                                               Republic of Sio Tome e Principe on fishing off Sio
          Whereas, under that Protocol, Community fishermen                   Tome e Principe is hereby approved on behalf of the
          have fishing righu in the waters under the sovereignty or           Community.
          jurisdiction of Sio Tome e Principe for the period I
          June 1993 to 31 May 199$;
                                                                              The text of the Agreement is attached to this Decision.
                                                                                                         Article 2-
                                                                                The President of the Council is hereby authorized to
                                                                                designate the persons empowered to sign the Agreement
                                                                                in order to bind the Community.
                                                                                Done at Luxembourg,
                                                                                                                     For the Council
(') OJ No I. 54, 25. 2. 1914. p. I.                                                                                    The President
 ---pagebreak---                                                                                                      k
                                          AGREEMENT
in the form of an Exchange of Letters concerning the provisional application of the Protocol
establishing, for the period 1 June Iff J to 31 May Iff 6, the fishing rights and financial
compensation provided for in the Agreement between the European                     Community and
the Government of the Democratic Republic of Sflo Tome c Prtndpc on fishing off Sao Tome c
                                               Prindpc
       A. Letter from the Government of the Democratic Republic of Sio Tome t Principe
                                          10 February 1993
With reference to the Protocol initialled on               establishing fishing righu and financial
compensation for the period 1 June 1993 to 31 May 1996, I have the honour to inform you
that the Government of the Democratic Republic of Sao Tome c Principe is ready to apply this
Protocol on a provisional basis, with effect from I June 1993, pending its entry into force in
accordance with Article 7 of the said Protocol, provided that the European
Community is disposed to do the same.
This is on the understanding that a first instalment equal to one-third of the financial compen-
sation specified in Article 2 of the Protocol is paid by 31 October 199 3
I should be obliged if you would confirm the European                   Community's agreement to
such provisional application.
Please accept. Sir, the assurance of my highest consideration.
                                                           For the Government
                                            of the Democratic Republic of Sào Tome e Principe
                         B. Letter from the European             Community
Sir,
I have the honour to acknowledge receipt of your letter of today's date, which reads as
follows :
                                                  10 February P93
       *With reference to the Protocol initialled on                 establishing fishing rights and
       financial compensation for the period 1 June 1993 to 31 May 1996, I have the honour to
       inform you that the Government of the Democratic Republic of Sio Tome e Principe is
       ready to apply this Protocol on a provisional basis, with effect from I June 1993, pending
       its entry into force in accordance with Article 7 of the said Protocol, provided that the
       European              Community is disposed to do the same.
       This is on the understanding that a first instalment equal to one-third of the financial
       compensation specified in Article 2 of the Protocol is paid by 31 October 1993
       I should be obliged if you would confirm the European                            Community's
       agreement to such provisional application.'
 I have the honour to confirm the European                       Community's agreement to this
provisional application of the Protocol.
 Please accept. Sir, the assurance of my highest consideration.
                                                                    On behalf of the Comnal
                                                                 of the F.uropean C.ommmmtici
 ---pagebreak---                                                                                                                                                                         5
                                                                       Proposal for a
                                                      C O U N C I L R E G U L A T I O N (EEC) N o
                                                                             of
                          o n t h e c o n c l u s i o n of t h e P r o t o c o l e s t a b l i s h i n g , for the p e r i o d f r o m 1 J u n e 1 9 9 J
                          to 3) May 1996, t h e f i s h i n g rights a n d financial c o m p e n s a t i o n p r o v i d e d for in t h e
                          A g r e e m e n t b e t w e e n the European                                   C o m m u n i t y a n d the G o v e r n m e n t
                          of t h e D e m o c r a t i c R e p u b l i c of Sâo T o m e e P r i n c i p e o n f i s h i n g off S â o T o m e e
                                                                                   Principe
  THE COUNCIL OF THE EUROPEAN COMMUNITIES,                                                        HAS ADOPTED THIS REGULATION
   Having 117;.iid to the Treaty establishing the European                                                                         At In it I
   Economic C o m m u n i t y , ami in particular Article 4.J
  thereof,                                                                                         The Protocol establishing, for the period from I June
                                                                                                  199.Î to 31 May 199^, the fishing rights and financial
                                                                                                  compensation provided for in the A g r e e m e n t between the
                                                                                                  European Economic C o m m u n i t y and the G o v e r n m e n t of
                                                                                                  the Democratic Republic of Sào T o m e e Principe on
  Having regard to the propo.sal from the Commission, ( 1 )                                       fishing off Sào T o m e e Principe is hereby approved on
                                                                                                  behalf of the C o m m u n i t y .
   Having regard to the opinion                     of the European           Parli-               The text of the Protocol is attached to this Regulation
  ament ( 2 )
  Whereas, in accordance with the Agreement between the
   European                      C o m m u n i t y and the Government of                                                           A rticlt t
  the Democratic Republic of Sâo T o m e e Principe on                                            The President of the Council is hereby authorized to
  fishing off Sâo T o m e e Principe g), which entered into                                       designate the persons empowered to sign the Agreement
  force on 18 April 1985, the two Parties negotiated to                                           in order to bind the C o m m u n i t y .
  determine the a m e n d m e n t s or additions to be introduced
  into the said A g r e e m e n t at the e n d of the period of appli-
                                                                                                                                   Article   J
  cation of the Protcol , ( 4 )
                                                                                                   This Regulation shall enter into force on the third day
  Whereas, as a icsult of these negotiations, a new Protocol                                      following us publication m the Offiiittl               Journal of tin
  establishing, foi the pentul horn I June 1993 to .II May                                         / //1 oput n (.inn m unities
   l ( '''C, the lishmg lights and financial compensation
  piovidcd loi m the a f o i c m c n t i o n e d Agreement was
  initialled on 1l,.?           .y$
  Whereas it is in the C o m m u n i t y ' s interest to approve the
  Protocol referred to in this Agreement,
(1)0J N°
( 2 ) C » P m i o n delivered on                       (not yet published in die
         Official Journal)
 (3>>J No I. S4. 25 2 I9H4, p I
 (4)R (EC) N° 1295/91 of 14.5.1991, OJ N(                                                  Î23 of 18.5.1991, p. 1
 ---pagebreak---                                                                                              é
This Regulation shall be b i n d i n g in its entirety ami directly applicable in all Member
States
D o n e at Brussels,
                                                                Tor the Cou mi I
                                                                  The  {'résultat
 ---pagebreak---                                                                             ?
                                   PROTOCOL
           establishing fishing rights and financial compensation
               for the period from 1 June 1993 to 31 May 1996
                                  Article 1
For a period of three years from 1 June 1993, the fishing rights granted
pursuant to Article 2 of the Agreement shall be 40 freezer tuna seiners and
eight pole-and-line wet tuna vessels or surface long-liners.
                                  Article 2
1. The financial compensation referred to in Article 6 of the Agreement
shall be, for the period referred to in Article 1, ECU 1 650 000, payable in
three equal annual instalments. That amount shall cover an annual catch of
9 000 tonnes in Sâo Tome e Principe waters. If the tuna caught by Community
vessels in Sâo Tome e Principe waters exceeds that weight, the
abovementioned amount shall be increased proportionately.
2. The use to which this compensation is put shall be the sole
responsibility of the Government of the Democratic Republic of Sào Tome e
Principe. It shall be paid into an account with the National Bank of
Sào Tome e Principe.
                                  Article 3
1. The Community shall contribute during the period referred to in
Article 1 the sum of ECU 250 000 towards the financing of scientific and
technical programmes to improve biological and fishery resource information
as regards the exclusive economic zone of Sâo Tome e Principe.
2.  These programmes shall be drawn up jointly by the competent authorities
of Sâo Tome e Principe and the Community, which will, if necessary,
participate in their implementation. Once the content of the programmes has
been approved, they shall be financed by payments into an account indicated
by the competent authorities of Sâo Tome e Principe.
 ---pagebreak---                                                                            8
3. The competent authorities of Sào Tome e Principe shall send to the
Commission of the European Communities a report on the implementation of the
approved programmes and the results obtained. The Commission of the
European Communities reserves the right to request any further scientific
information from the authorities of Sâo Tome e Principe.
                                  Article 4
1. The two Parties agree that improving the skills and knowledge of those
involved in sea fishing is a vital element in the success of their
cooperation. To that end, the Community shall:
a) make it easier for nationals of Sâo Tome e Principe to find places in
   establishments in its Member States and shall provide for that purpose
   awards for study and practical training in the various scientific,
   technical and economic disciplines relating to fisheries. These awards
   may also be used by any State linked to the Community by a Cooperation
   Agreement;
b) cover Sâo Tome e Principe's participation in the Regional Fisheries
   Committee for the Gulf of Guinea and Iccat;
c) cover its participation in international meetings or training courses on
   fisheries.
2. The cost of these measures may not exceed ECU 275 000. This sum shall
be paid to the account indicated by the Ministry of Commerce, Industry,
Tourism and Fisheries in three equal annual instalments. That Ministry
shall manage all the measures financed in this way referred to in
paragraph 1 and shall submit to the Commission a detailed report on the use
made of these funds.
                                  Article 5
Should the Community fail to make the payments provided for in Articles 2
and 3, the application of this Protocol may be suspended.
                                  Article 6
The Annex to the Agreement between the European Community and the Government
of the Democratic Republic of Sâo Tome e Principe on fishing off Sâo Tome e
Principe is hereby repealed and replaced by the Annex to this Protocol.
                                  Article 7
This Protocol shall enter into force on the date on which it is signed.
It shall apply from 1 June 1993.
 ---pagebreak---                                                                                 4
                                        ANNEX
                  Conditions for the exercise of fishing activities
            by Community vessels in Sào Tome e Principe's fishing zone
1. The procedure for applications for and issue of the licences referred to
in Article 4 of the Agreement shall be as follows:
The relevant Community authorities shall present to the Ministry for
Commerce, Industry, Tourism and Fisheries of Sào Tome e Principe, via the
Commission Delegation responsible for Sâo Tome e Principe, an application
for each vessel that wishes to fish under the Agreement, at least 20 days
before the date of commencement of the period of validity requested.
Th«.' appl teal i on» nhall bo made on the forms provided for that purpose by the
Government of the Democratic Republic of Sào Tome e Principe, a specimen of
which is attached hereto (Appendix 1 ) .
Licences shall be issued by the Sâo Tome e Principe authorities within 20
days following submission of the application to the shipowners or their
representatives via the Delegation of the Commission of the European
Communities responsible for Sâo Tome e Principe.
Licences shall be issued for a specific vessel and shall not be
transferable. However, where force majeure is proven and at the request of
the Commission of the European Communites, a vessel's licence shall be
replaced by a new licence for another vessel whose features are similar to
those of the first vessel. The owner of the first vessel shall return the
cancelled licence to the Ministry of Commerce, Industry, Tourism and
Fisheries of Sâo Tome e Principe via the Delegation of the Commission of the
European Communities responsible for Sâo Tome e Principe.
 ---pagebreak---                                                                             Ao
The new licence shall indicate:
   the date of issue;
   the fact that this licence replaces that of the first vessel, for the
   period of validity remaining. In this case, no new lump sum as laid down
   in paragraph 5 below shall be due.
The licence must be held on board at all times.
2. Licences shall be valid for one year and shall be renewable.
3. The fees provided for in Article 4 of the Agreement shall be set at ECU
20 per tonne caught in Sào Tome e Principe's fishing zone.
4. The competent authorities of Sâo Tome e Principe shall indicate the
detailed rules for payment of the fees, in particular the bank accounts and
currencies to be used.
5. Licences shall be  issued following payment to the National Bank of Sào
Tome e Principe of a  lump sum of ECU 1 500 for each freezer tuna seiner per
year and ECU 200 for  each pole-and-line tuna vessel or surface long-liner
per year, equivalent  to the fees for:
-  75 tonnes of tuna caught per freezer tuna seiner per year,
   10 tonnes of tuna caught per pole-and-line tuna vessel or surface long-
   liner per year;
6. The final statement of the fees due for the fishing period shall be drawn
up by the Commission of the European Communities at the end of each calendar
year on the basis of the catch statements made for each vessel and confirmed
by the competent scientific institutes, namely the French Institut de la
recherche scientifique et technique d'outre-mer (Orstom) and the Instituto
Espanol de Oceanografia (IEO). The statement shall be forwarded
simultaneously to the competent authorities of Sào Tome e Principe and to
the shipowners. Any additional payment due shall be made by the shipowners
to the National Bank of Sâo Tome e Principe no later than 30 days after
notification of the final statement. However, if the amount of the final
statement is lower than the advance referred to in paragraph 5 above, the
resulting balance shall not be reimbursable to the shipowner.
 ---pagebreak---                                                                              M
7. Community vessels shall keep a fishing log, in accordance with the model
in Appendix 2, for each fishing period spent in Sâo Tome e Principe's
fishing zone. The form shall be sent to the Ministry of Commerce, Industry,
Tourism and Fisheries, via the Delegation of the Commission of the European
Communities responsible for Sào Tome e Principe, within 45 days of the end
of the fishing trip spent in the Sâo Tome e Principe fishing zone.
Forms must be completed legibly and signed by the master of the vessel.
8. Every time they enter or leave Sào Tome e Principe's fishing zone,
Community vessels shall communicate the volume of catch held on board at
that time to the radio station on Sâo Tome e Principe. The call sign shall
be communicated to shipowners when the licence is issued.
A vessel caught fishing without having notified the radio of Sào Tome e
Principe shall be considered an unlicensed vessel.
In cases where this radio communication cannot be used, vessels may use
alternative means such as telex or fax.
9. Tuna seiners shall endeavour on a voluntary basis to make any by-catches
available to the Sâo Tome e Principe authorities at a price fixed by mutual
agreement.
10. Vessels shall allow on board observers at the request of the authorities
of Sâo Tome e Principe. Observers should not remain on board any longer
than the time needed to carry out spot checks on the catch. The master of
the vessel shall take all necessary steps to facilitate the task of the
observers on board.
At the request of the authorities of Sâo Tome e Principe, owners of tuna
fishing vessels shall endeavour to sign on three Sâo Tome e Principe seamen
for all the Community tuna seiners, all such seamen to be assigned to
different vessels. The conditions of employment and remuneration shall be
fixed by mutual agreement between the shipowners and representatives of the
seamen.
 ---pagebreak---                                                                             K,
11. The» international standardn on tuna fishing as recommended by Iccat
shall apply.
12. The Delegation of the Commission of the European Communities responsible
for Sào Tome e Principe shall be notified within 48 hours of any boarding
within Sào Tome e Principe's fishing zone of a fishing vessel flying the
flag of a Member State of the Community and operating under this Agreement.
A brief report of the circumstances and reasons leading to the boarding must
be submitted within 72 hours.
 ---pagebreak---                                                                                                               •12*.
                                                  Appendix I •
                         DEMOCRATIC REPUBLIC OF SAO TOME E PRINCIPE
                           MINISTRY O F AGRICULTURE A N D FISHERIES
                                FISHING LICENCE APPLICATION             N»   ....
Name of applicant :_
Address of applicant:
Name and address of shipowner:
Name tad address of any representative in Sio Tome e Principe :
Name of vessel:
Type of vessel :
Country of registration :
Port and ugûtiation number:
External identification of «esse! :
Radio call sign and frequency :
Length of vessel : _ _ _ _ _ _ _ _ _
Width of v e n d :
Engine type and rating:
Hold capacity:
Minimum crew :
Type of fishing:
Species to be fished
Period of validity sought:
*I hereby certify that this mformation is correct and that I know and agree with and undertake to observe and
enforce the laws of the Democratic Republic of Sio Tome e Principe concerning fishing and the sea. and all
applicable international legislation.*
Date:
                                                                                  The Applicant
 ---pagebreak--- ^                                                                                         Appendix 2
                                                                                                                                                                fishing Modelltlea
                                                                                  TUNA BOATS F I t H I N Q LOO BOOK                                              Q  Longllne
                                                                                                                                                                 0  Bait boat
                                                                                                                Month Day       Yaar          Port               O  Purse seiner
   Vtstel name : ..,.-,...„                            Gross tonne» :...
                                                                                                                                                                 a  Trolling
   Rag country :..._      „                            Capacity (TM) :                           Boat left :
                                                                                                 Boat                                                            a  Others
   Registration No :.....                              Cepteln :                                 returned :
   Company of owner :                             -» j No of crew :                                                     No of fish-
                                                                                                                        ing days :
   Address :                                           Reporting date :
                                                                                                 No of days             No of sets                      Trip
                                                       Reported by :                             at see :               made:                           number :
    Dates         Area                                                                               Catches                                                                          Bait used
                                           isfin     Yeliowfin      Btgtyo                            WhHt        Black
          i
              Lati* Longi-
              tude tudt      I âl If      «
                                        Thiinnvs
                                                        tuna
                                                       Thunmiê
                                                                     tuna
                                                                    Thunnus
                                                                             Albtcora
                                                                             Thunnui
                                                                             êlêlungê
                                                                                       Swordfith
                                                                                        Xiphiêi
                                                                                        gtêdivs
                                                                                                      merlin
                                                                                                    Têtrêptvnut
                                                                                                      êudêM
                                                                                                                 martin
                                                                                                                 Mêkêkê
                                                                                                                  Indicé
                                                                                                                                Sftllfith
                                                                                                                             litbphorui
                                                                                                                                 tppo.
                                                                                                                                              Skipjack
                                                                                                                                             Kêtiuwonui
                                                                                                                                              pêlêmiê
                                                                                                                                                           Miscall,
                                                                                                                                                           aneous
                                                                                                                                                           fishes
                                                                                                                                                                          Dairy
                                                                                                                                                                       total (kg)
                                                                                                                                                                                            J
                                                                                                                                                                                    1I
    !          N/S   E/W                   ceoyi      êlbêCêfê      ob*$us
                                                                                                                                                                                                ,
    iS                            if   No      kg   No      kg   No      ^  No     *   No    kg     No     kg   No     kg     No        kg   No     kg   No     kg    No       kg           J
                                  51
  ...._.,                            (
                                     i
                                 •   1
                                                                                                                                                              „
                                                                                          •                                                «                                      •• •
                                                          =
                            I::::
          Landing weight (in kg)
 ---pagebreak---                                                                                    .43
            FINANCIAL STATEMENT
                                                          DATE
1. BUDGET HEADING    :  B7-800                      APPROPRIATIONS
2. TITLE : New EC/Sâo Tome e Principe protocol
3. LEGAL BASIS : EC/Sâo Tome e Principe agreement on fishing off the Sâo Tome
                  coast
4. AIMS OF PROJECT     Protocol for a period of 3 years
                       - financial compensation
                       - scientific programme
                       - study programme
5. FINANCIAL IMPLICATIONS                  PERIOD OF 12   CURRENT     FOLLOWING
                                              MONTHS     FINANCIAL    FINANCIAL
5.0. EXPENDITURE                                         YEAR (93)    YEAR (94)
     - charged to the EC budget
        (refunds/intervention)
     - national administration                          725.000 ECU   725.000 ECU
     - other                                            (annual       (annual
                                                          average)       average)
5.1. REVENUE
     - own resources of the EC
        (levies/customs duties)
     - national
5.0.1. ESTIMATED EXPENDITURE
5.1.1. ESTIMATED REVENUE
5.2. METHOD OF CALCULATION     - financial contribution   1.650.000 ECU
                               - scientific programme       250.000 ECU
                               - study grants               275.000 ECU
                               Financial compensation      2.175.000 ECU
                               Average annual cost           725.000 ECU
6.0. CAN THE PROJECT BE FINANCED FROM APPROPRIATIONS ENTERED IN
     THE RELEVANT CHAPTER OF THE CURRENT BUDGET ?                          YES/-
6.1. CAN THE PROJECT BE FINANCED BY TRANSFER BETWEEN CHAPTERS
     OF THE CURRENT BUDGET ?                                              4ti»6/NO
6.2. IS  A SUPPLEMENTARY  BUDGET NECESSARY ?                             -¥#6/NO
6.3. WILL FUTURE BUDGET APPROPRIATIONS BE NECESSARY ?                     YES/AJÔ,
OBSERVATIONS :
 ---pagebreak---  ---pagebreak---                                                                                     A(j
                                                                     ISSN 0254-1475
                                                              COM (93) 177 final
                                                     DOCUMENTS
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                                                            ISBN 92-77-55259-X
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