CELEX: 21990A1130(02)
Language: en
Date: 1990-10-22 00:00:00
Title: Protocol establishing, for the PERIOD 1 June 1990 to 31 May 1993, the fishing rights and financial compensation provided for in the Agreement between the European Economic Community and the Government of the Democratic Republic of Sao Tome e Principe on fishing off Sao Tome e Principe

Avis juridique important

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21990A1130(02)

Protocol establishing, for the PERIOD 1 June 1990 to 31 May 1993, the fishing rights and financial compensation provided for in the Agreement between the European Economic Community and the Government of the Democratic Republic of Sao Tome e Principe on fishing off Sao Tome e Principe  

Official Journal L 334 , 30/11/1990 P. 0004 L 123 18/05/1991 P. 0003

PROTOCOL  establishing fishing rights and financial compensation for  the period 1 June 1990 to 31 May 1993 Article 1  For a period of three years from  1 June 1990, the fishing rights granted pursuant to Article 2 of the Agreement shall be 46 freezer  tuna seiners and five pole-and-line wet tuna vessels. 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.  2.    The use to which this compensation is  put shall be the sole responsibility of the Government of the Democratic Republic of São Tomé e  Príncipe. It shall be paid into an account with the National Bank of São Tomé e Príncipe. Article 3   1.    The Community shall contribute during the period referred to Article 1 the sum of ECU 150   000 towards the financing of scientific and technical programmes to improve biological and fishery  resource information as regards the exclusive economic zone of São Tomé e Príncipe.  2.    These  programmes shall be drawn up jointly by the competent authorities of São Tomé e Príncipe 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 São Tomé e Príncipe.  3.    The competent authorities of São Tomé e  Príncipe 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 São Tomé e  Príncipe. 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 São Tomé e Príncipe 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 São Tomé e Príncipe'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 375  000. This sum shall be paid  as and when it is needed. 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 Economic Community and the Government of the Democratic Republic of  São Tomé e Príncipe on fishing off São Tomé e Príncipe 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 1990. ANNEX  Conditions for the exercise of fishing activities by Community vessels in São Tomé  e Príncipe'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 Agriculture and Fisheries of São Tomé e Príncipe, via the  Commission Delegation responsible for São Tomé e Príncipe, 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.  The applications shall be made on the forms provided for that purpose by  the Government of the Democratic Republic of São Tomé e Príncipe, a specimen of which is attached  hereto (Appendix 1).  Licences shall be issued by the São Tomé e Príncipe 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 São Tomé e Príncipe.   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 Communities, 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 Agriculture and Fisheries of São Tomé e Príncipe via the Delegation of the Commission  of the European Communities responsible for São Tomé e Príncipe.  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 São Tomé e Príncipe's fishing zone.    4.The competent authorities of  São Tomé e Príncipe 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 São Tomé e Príncipe 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 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 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 Español de Oceanografía (IEO).  The statement shall be  forwarded simultaneously to the competent authorities of São Tomé e Príncipe and to the shipowners.  Any additional payment due shall be made by the shipowners to the National Bank of São Tomé e  Príncipe 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.    7.Community vessels shall keep a fishing  log, in accordance with the model in Appendix 2, for each fishing period spent in São Tomé e  Príncipe's fishing zone. The form shall be sent to the Ministry of Agriculture and Fisheries, via  the Delegation of the Commission of the European Communities responsible for São Tomé e Príncipe,  within 45 days of the end of the fishing trip spent in the São Tomé e Príncipe fishing zone.  Forms  must be completed legibly and signed by the master of the vessel.    8.Every time they enter or  leave São Tomé e Príncipe's fishing zone, Community vessels shall communicate the volume of catch  held on board at that time to the radio station on São Tomé e Príncipe. The call sign shall be  communicated to shipowners when the licence is issued.  A vessel caught fishing without having  notified the radio of São Tomé e Príncipe shall be considered an unlicensed vessel.  In cases where  this radio communication cannot be used, vessels may use alternative means such as telex or  telegram.    9.Vessels shall allow on board observers at the request of the authorities of São Tomé  e Príncipe. 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.  10.The international standards on tuna fishing as recommended by ICCAT  shall apply.  11.The Delegation of the Commission of the European Communities responsible for São  Tomé e Príncipe shall be notified within 48 hours of any boarding within São Tomé e Príncipe'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.        Appendix 1  DEMOCRATIC REPUBLIC OF SÃO TOMÉ E PRÍNCIPE   MINISTRY OF AGRICULTURE AND FISHERIES  FISHING LICENCE APPLICATION No. .  .  .  .  Name of  applicant:    Address of applicant:      Name and address of shipowner:      Name and address of  any representative in São Tomé e Príncipe:      Name of vessel:    Type of vessel:    Country of  registration:    Port and registration number:    External identification of vessel:    Radio call  sign and frequency:    Length of vessel:    Width of vessel:    Engine type and rating:    Hold  capacity:    Minimum crew:    Type of fishing:    Species to be fished:      Period of validity  sought:    I hereby certify that this information is correct and that I know and agree with and  undertake to observe and enforce the laws of the Democratic Republic of São Tomé e Príncipe  concerning fishing and the sea, and all applicable international legislation.  Date:    THE  APPLICANT             Appendix 2  TUNA BOATS FISHING LOG BOOK >TABLE>    Day/month   Set  No     Surf. water temp. (in °C)   Effort No of hooks used     Saury   Squid   Live bait   Others