CELEX: 51989PC0307(02)
Language: en
Date: 1989-06-19
Title: PROPOSAL FOR A COUNCIL REGULATION ( EEC ) ON THE CONCLUSION OF THE PROTOCOL SETTING OUT THE FISHING OPPORTUNITIES AND FINANCIAL COMPENSATION PROVIDED FOR IN THE AGREEMENT BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND THE GOVERNMENT OF THE PEOPLE' S REPUBLIC OF ANGOLA ON FISHING OFF ANGOLA FOR THE PERIOD FROM 3 MAY 1989 TO 2 MAY 1990

21. 8. 89                               Official Journal of the European Communities                               No C 214/9
             Proposal for a Council Regulation (EEC) on the conclusion of the Protocol setting out the fishing
             opportunities and financial compensation provided for in the Agreement between the European
             Economic Community and the Government of the People's Republic of Angola on fishing off
                                    Angola for the period from 3 May 1989 to 2 May 1990
                                                      COM(89) 307 final
                                       (Presented by the Commission on 19 June 1989)
                                                         (89/C 214/02)
THE COUNCIL OF THE EUROPEAN COMMUNITIES                            HAS ADOPTED THIS REGULATION:
Having regard to the Treaty establishing the European                                       Article 1
Economic Community, and in particular Article 43 thereof,
                                                                   The Protocol setting out the fishing rights and financial
Having regard to the proposal from the Commission,                 compensation provided for in the Agreement between the
                                                                   European Economic Community and the Government of
Having regard to the opinion of the European Parliament,           the People's Republic of Angola on fishing off Angola for
                                                                   the period from 3 May 1989 to 2 May 1990 is hereby
Whereas the two Parties have held negotiations pursuant to
                                                                   approved on behalf of the Community.
the Agreement between the European Economic Com-
munity and the Government of the People's Republic of              The text of the Agreement is attached to this Regulation.
Angola on fishing off Angola, signed in Luanda on 1
February 1989 (1), to determine the amendments or
                                                                                            Article 2
additions to be made to the Agreement on the expiry of the
application period of the first Protocol;                          The President of the Council is hereby authorized to
                                                                   designate the persons empowered to sign the Protocol in
Whereas, as a result of those negotiations, a new Protocol         order to bind the Community.
setting out the fishing rights and financial compensation
provided for in the said Agreement for the period from 3                                    Article 3
May 1989 to 2 May 1990 was initialled on 10 May 1989;
                                                                   This Regulation shall enter into force on the third day
Whereas it is in the Community's interest to approve the           following its publication in the Official Journal of the
Protocol,                                                          European Communities.
                                                                   This Regulation shall be binding in its entirety and directly
(!) OJ No L 341, 3. 12. 1987, p. 1.                                applicable in all Member States.
 ---pagebreak--- No C 214/10                           Official Journal of the European Communities                               21. 8. 89
                                                       PROTOCOL
                 establishing the fishing opportunities and financial compensation provided for in the
            Agreement between the European Economic Community and the Government of the People's
             Republic of Angola on fishing off Angola for the period from 3 May 1989 to 2 May 1990
           THE PARTIES TO THIS PROTOCOL
           Having regard to the Agreement between the European Economic Community and the
           Government of the People's Republic of Angola on fishing off Angola, signed on 1 February 1989,
           HAVE AGREED AS FOLLOWS
                                                          Article 1
           From 3 May 1989, for a period of one year, the limits referred to in Article 2 of the Agreement shall
           be as follows:
           1. Shrimp vessels:
              — during May 1989: 39 vessels (approx. 12 000 GRT),
              — from 1 June to 31 December 1989: 29 vessels (approx. 8 950 GRT),
              — from 1 January to 2 May 1990: 22 vessels (approx. 6 800 GRT).
              However, the quantities to be fished by Community vessels may not exceed 5 000 tonnes of
              shrimps and prawns per year, of which 30 % shall be prawns and 70 % shrimps.
          2. Ocean-going tuna freezer boats: 28 vessels.
          3. On an experimental basis:
              (a) demersal trawlers: 1 200 GRT a month, not exceeding 3 vessels;
              (b) surface longliners: 2 vessels with a maximum of 400 GRT a month.
                                                         Article 2
           1. The financial compensation provided for in Article 7 of the Agreement for the period referred
          to in Article 1 of this Protocol is hereby fixed at 7 925 000 ecus.
          2.   The use to which this compensation is put shall be the sole responsibility of Angola.
          3. Compensation of 6 945 000 ecus shall be paid into an account opened at a financial institution
          or any other body designated by Angola. The remaining 980 000 ecus shall be paid into the account
          of the Ministry of Fisheries.
                                                         Article 3
          During the period referred to in Article 1, the Community shall also contribute 400 000 ecus
          towards the financing of Angolan scientific and technical programmes (equipment, infrastructure,
          seminars, studies, etc.). This amount shall be made available to the Research Centre of the Ministry
          of Fisheries no later than 30 September 1989.
                                                         Article 4
          1. During the period referred to in Article 1 the Community shall contribute 270 000 ecus for staff
          training in Angola. This amount is intended to pay the salaries of foreign teachers working at the
          Helder Neto naval school in the province of Namibe.
          2. A further 390 000 ecus shall be used by the Community to provide Angola with study or
          practical training awards in scientific, technical and economic subjects connected with fisheries in
 ---pagebreak--- 21. 8. 89                               Official Journal of the European Communities                                        No C 214/11
          institutions of the Member States of the Community or of the ACP countries; at the request of the
          Angolan authorities, 15 % of this amount may be used to cover the fees for attending international
          meetings or training periods connected with fisheries. These funds shall be disbursed as and when
          they are used.
          3. Within three months of the date on which this Protocol is signed the Community shall send
          Angola a list of fisheries-related secondary and higher training institutions in its Member States,
          together with their entry requirements.
                                                               Article 5
          Should the Community fail to make the payments provided for in Articles 2 and 3 within the time
          limits laid down, application of the Agreement may be suspended.
                                                               Article 6
          The Annex to the Agreement between the European Economic Community and the Government of
          the People's Republic of Angola on fishing off Angola is hereby repealed and replaced by the Annex
          to this Protocol.
                                                               Article 7
          This Protocol shall enter into force on the date of its signature. It shall apply from 3 May 1989.
                                                               ANNEX
                    Conditions for the pursuit of fishing activities in Angolan waters by Community vessels
                                  A. LICENCE APPLICATION AND ISSUING FORMALITIES
          The procedure for applications for, and issue of, licences enabling Community vessels to fish in Angolan waters
          shall be as follows:
          (a) The Commission of the European Communities shall present to Angola's fishing authority, via the
              representative of the Commission of the European Communities in Angola, an application made by the
              shipowner for each vessel that wishes to fish under this Agreement, at least 15 days before the date of
              commencement of the period of validity requested. Applications shall be made on forms provided for that
              purpose by Angola, specimens of which are contained in Appendix 1 and Appendix 2. Each licence
              application shall be accompanied by documentary proof of payment.
          (b) Each licence shall be issued to the shipowner for one designated vessel. At the request of the Commission of
              the European Communities the licence for a vessel shall, in cases of proven force majeure, be replaced by a
              licence for another Community vessel.
          (c) Licences shall be issued by the authorities of Angola to the skipper of the vessel in the port of Luanda after
              inspection of the vessel by the competent authority. However, in the case of tuna vessels and longliners,
              licences shall be issued to the shipowners or their representatives or agents.
          (d) The representative of the Commission of the European Communities in Angola shall be notified of the
              licences issued by Angola's fishing authority.
          (e) The licence document must be held on board at all times.
          (f) Licences shall be valid for periods of one year, with the exception of the 7 licences for shrimp vessels, which
              shall be valid for 8 months.
          (g) Each vessel shall be represented by an agent approved by the Ministry of Fisheries.
 ---pagebreak--- No C 214/12                                Official Journal of the European Communities                                           21. 8. 89
            (h) The Angolan authorities shall communicate, before the date of entry into force of the Agreement, the
                arrangements for payment of licence fees, including particulars of the bank accounts and currencies to be
                used.
                                                             B. LICENCE FEES
           I. Provisions applicable to shrimp vessels
           The fees for monthly licences shall be 24 ecus/GRT.
           II. Provisions applicable to tuna vessels and surface longliners
           The fees shall be set at 20 ecus per tonne caught within Angola's fishing zone.
           Licences shall be issued following advance payment to Angola at a flat rate of 4 000 ecus a year for each ocean-
           going tuna freezer vessel, equivalent to the fees for 200 tonnes of tuna caught within Angolan waters per year,
           and at a flat rate of 2 000 ecus a year for each surface longliner, equivalent to the fees for 100 tonnes of swordfish
           caught within Angolan waters per year.
           A provisional statement of the fees due for the fishing year shall be drawn up by the Commission of the
           European Communities at the end of each calendar year on the basis of catch statements made by the
           shipowners and forwarded simultaneously to the Angolan authorities and the Commission of the European
           Communities. The corresponding amount shall be paid by the shipowners to Angola no later than 31 March of
           the following year.
           The final statement of the fees due shall be drawn up by the Commission following verification of the volume of
          each catch by a specialized scientific body in the region. The final statement shall be communicated to the
          Angolan authorities and notified to the shipowners, who shall have 30 days to meet their financial obligations.
          However, if the amount of the final statement is lower than the advance referred to above, the balance shall not
          be reimbursable.
          III. Provisions applicable to demersal trawlers
          The fees for annual licences shall be 165 ecus/GRT.
                                                             C. BY-CATCHES
          The ownership of the by-catches of shrimp vessels has been transferred from the Angolan authorities to the
          shipowners in return for an increase in the financial compensation.
          Shrimp vessels shall be authorized to catch up to 500 tonnes of crab.
          Longliners shall be prohibited from throwing catches back into the sea; skippers shall take care to enter all by-
          catches in the statement of catch.
                                                          D. TRANSHIPMENTS
          All transhipments shall be notified to the relevant Angolan fishing authorities eight days in advance in order to
          enable those authorities to monitor the operations.
          Transhipments shall take place in one of the bays of Luanda or Lobito in the presence of the Angolan tax
          authorities.
          A copy of the documentaton relating to transhipments shall be forwarded to the Inspection and Monitoring
          Department of the Ministry of Fisheries 15 days before the end of each month for the preceding month.
                                                     E. STATEMENT OF CATCHES
          1. Shrimp vessels and demersal trawlers
          (a) At the end of each fishing year these vessels must forward to the Inspection and Monitoring Department of
               the Ministry of Fisheries, via the delegation of the European Communities in Luanda, a daily catch report
               drawn up by the skipper in accordance with the specimen contained in Appendix 3.
               Furthermore, each vessel shall present a monthly report to the Ministry of Fisheries listing the quantities
               caught during the month and the quantities on board on the last day of the month. This report shall be
               presented no later than the 45th day following the end of the month concerned. Should this provision not be
               adhered to, Angola reserves the right to apply the penalties provided for in Article 12 of Decree No 12-A/80
               of 6 February 1980.
 ---pagebreak--- 21. 8. 89                                  Official Journal of the European Communities                                         No C 214/13
           (b) These vessels must inform the radio station of the Department of Inspection and Monitoring of the Ministry
               of Fisheries or, if this is not possible, Luanda radio, on a daily basis of their geographical position and the
               previous day's catches.
               Shipowners shall be notified of the call sign at the time of issue of the fishing licence.
               Before leaving Angola's fishing zone, these vessels must obtain authorization from the Department of
               Inspection and Monitoring of the Ministry of Fisheries and have the catches on board checked.
          2. Tuna vessels and surface longliners
          Every three days during the fishing period in Angola's fishing zone, vessels shall inform the radio station of the
          Department of Inspection and Monitoring of the Ministry of Fisheries or, if this is not possible, Luanda radio, of
          their position and their catch. On entering and leaving Angola's fishing zone, tuna vessels shall inform the radio
          station of the Department of Inspection and Monitoring or, if this is not possible, Luanda radio, of their
          position and the volume of the catches on board.
          In addition, the skipper shall complete a fishing log book, in accordance with Appendix 4, for each fishing
          period spent in Angola's fishing zone.
          This form must be completed legibly and be signed by the skipper of the vessel and sent to the Department of
          Inspection and Monitoring of the Ministry of Fisheries via the Delegation of the European Communities in
          Luanda within 45 days of the end of the fishing period spent in Angola's fishing zone. Should this provision not
          be adhered to, Angola reserves the right to apply the penalties provided for in Article 12 of Decree No 12-A/80
          of 6 February 1980.
                                                           F. FISHING ZONES
          (a) The fishing zones accessible to shrimp vessels shall comprise all waters under the sovereignty or the
               jurisdiction of the People's Republic of Angola north of 12° 20' and beyond the first 12 nautical miles
               measured from the base lines.
          (b) The fishing zones accessible to tuna vessels and demersal trawlers shall comprise all waters under the
               sovereignty or the jurisdiction of the People's Republic of Angola beyond the first 12 nautical miles
               measured from the base lines.
          (c) The fishing zones accessible to surface longliners shall comprise all waters under the sovereignty or the
               jurisdiction of the People's Republic of Angola beyond the first 50 nautical miles measured from the base
               lines.
                                                         G. SIGNING OF CREWS
          Owners of all vessels, except ocean-going tuna freezer vessels, to whom fishing licences have been issued under
          the Agreement shall contribute to the on-the-job vocational training of two Angolan seamen on board each
          vessel.
          The seamen's wages, set in accordance with Angolan scales, and other forms of remuneration shall be borne by
          the shipowners and shall be paid into an account opened with a financial institution designated by the Ministry
          of Fisheries.
          Should shipowners wish to take on further Angolan crew members they can do so by applying to the Ministry of
          Fisheries.
                                                      H. SCIENTIFIC OBSERVERS
          Any vessel may be asked to take on board a scientist designated and employed by the Ministry of Fisheries.
          The scientific observer shall receive the same treatment as the ship's officers; this applies also, as far as possible,
          to his quarters. The observer shall be given all facilities necessary for him to carry out his duties. The observer's
          presence and work shall neither interrupt nor hinder the fishing activities.
 ---pagebreak--- No C 214/14                               Official Journal of the European Communities                                      21. 8. 89
          An amount of 4 ecus/GRT a year is included in the fee paid by shipowners for each vessel fishing in Angolan
          waters to cover the cost to Angola of placing observers on vessels.
                                                I. INSPECTION AND MONITORING
          At the request of the Angolan authorities, Community fishing vessels operating under the Agreement shall allow
          on board any Angolan officials responsible for the inspection and monitoring of fishing activities and facilitate
          the accomplishment of their duties.
          These officials shall remain on board no longer than is necessary for the accomplishment of their duties.
                                       J. FUEL SUPPLIES, REPAIRS AND OTHER SERVICES
          All vessels, except tuna vessels, operating in Angola's fishing zone under the Agreement must obtain their fuel
          and water supplies and have shipyard repairs and maintenance carried out in Angola wherever possible,
          provided that Angola has the capacity to offer these services.
          Subject to these same conditions, the transport of crews shall be undertaken by the Angolan national airline.
          Fuel shall not be taken on board outside the roads of Luanda or Lobito without authorization from the
          Department of Inspection and Monitoring of the Ministry of Fisheries.
                                                            K. MESH SIZE
          The minimum size of the mesh used shall be:
          (a) 40 mm for shrimp fishing; and
          (b) 60 mm for demersal fishing.
          The introduction of new mesh sizes shall apply to Community vessels from the sixth month following
          notification of the Commission of the European Communities.
                                                     L. BOARDING PROCEDURE
          The delegation of the Commission in Luanda shall be informed within 48 hours of the boarding of any fishing
          vessel flying the flag of a Member State of the Community within Angola's exclusive economic zone, and shall at
          the same time receive a concise report of the circumstances and reasons for the boarding of the vessel.
 ---pagebreak--- 2 1 . 8. 89                              Official J o u r n a l of the E u r o p e a n C o m m u n i t i e s    No C 214/15
                                                                  Appendix 1
                      Application for a licence to fish for shrimp and demersal species in the waters of Angola
                                                                   PART A
             1. Name of owner:
             2. Nationality of owner:
             3. Business address of owner:
             4. Chemical additives which may be used (brand name and composition):
                                                                   PARTB
            To be completed for each vessel
             1. Period of validity:
             2. Name of vessel:
             3. Year of construction:
             4. Original flag country:
             5. Currently flying the flag of:
             6. Date of acquisition of current flag:
             7. Year of acquisition:
             8. Port and registration number:
             9. Fishing method:
            10. Gross registered tonnage:
            11. Radio call sign:
            12. Overall length (m):
            13. Bow (m):
            14. Depth (m):
            15. Construction material of the hull:
            16. Engine power (bhp):
            17. Speed (knots):
            18. Capacity of refrigeration chamber:
            19. Capacity of fuel tanks (m 3 ):
            20. Capacity of fish holds (m 3 ):
            21. Colour of the hull:
            22. Colour of the superstructure:
 ---pagebreak--- No C 214/16                            Official Journal of the European Communities                                        21. 8. 89
          23. Communication equipment on board:
                                                       Power                                        Frequencies
                     Type              B„„d           (Watts)         construction        Reception           Transmission
          24. Navigation and detection equipment installed:
                     Type              Brand          Model              Range
          25. Name of captain:
          26. Nationality of captain:
          To be annexed:
          —    three colour photographs of the vessel (side view),
          —    diagram and detailed description of fishing gear used,
          —    document giving proof of authority for the owner's representative to sign this application.
                 (Date of application)                                  (Signature of owner's representative)
 ---pagebreak--- 2 1 . 8. 89                              Official J o u r n a l of t h e E u r o p e a n C o m m u n i t i e s No C 214/17
                                                                  Appendix 2
                          Application for a licence to fish for tuna and swordfish in the waters of Angola
                                                                   PART A
             1. Name of owner:
             2. Nationality of owner:
             3. Business address of owner:
                                                                   PART B
                                                   To be completed for each vessel
             1. Period of validity:
             2. Name of vessel:
             3. Year of construction:
             4. Original flag country:
             5. Currently flying the flag of:
             6. Date of acquisition of current flag:
             7. Year of acquisition:
             8. Port and registration number:
             9. Fishing method:
            10. Gross registered tonnage:
            11. Radio call sign:
            12. Overall length (m):
            13. Bow (m):
            14. Depth (m): /
            15. Construction material of the hull: .-
            16. Engine power (bhp):
            17. Speed (knots):
            18. Cabin capacity:
            19. Capacity of fuel tanks (m 3 ):
            20. Capacity of fish holds (m 3 ):
            21. Freezing capacity (tonnes/24 hours) and freezing system used:
            22. Colour of the hull:
            23. Colour of the superstructure:
 ---pagebreak--- No C 214/18                             Official J o u r n a l of t h e E u r o p e a n C o m m u n i t i e s                            2 1 . 8. 89
           24.   Communication equipment on board:
                                                                     Power             Year of                      Frequencies
                     Type           Brand        Model
                                                                    (Watts)          construction           Reception       Transmission
          25.   Navigation and detection equipment installed: -
                         Type                  Brand                       Model
          26.   Auxiliary vessels used (for each vessel):
          26.1. Gross registered tonnage:
          26.2. Overall length (m):
          26.3. Bow (m):
          26.4. Depth (m):
          26.5. Construction material of the hull:
          26.6. Engine power (bhp):
          26.7. Speed (knots):
          27.   Auxiliary aerial fish detection equipment (even if not based on board):
          28.   Home port:
          29.   Name of captain:
          30.   Nationality of captain:
          To be annexed:
         —     three colour photographs of the vessel (side view) and of auxiliary fishing vessels and of auxiliary aerial
               equipment for fish detection,
         —     diagram and detailed description of fishing gear used,
         —     document giving proof of authority for the owner's representative to sign this application.
                (Date of application)                                         (Signature of owner's representative)
 ---pagebreak---                                                                                    Appendix   3
                                                                                                                                                              te
                                                                                                              Month:                         Year:
Ministry for fisheries                                            STATISTICS O N CATCH AND ACTIVITY                                                           oo
                                                                                                                                                              00
 Name of vessel:                                             Engine rating:                                     Fishing method:
 Nationality (flag).                                         Gross registered tonnage:                          Port of landing.
                                 Fishing zone                                                                                 Species (kg)
                                                                                         Number of
    Date                                                        Number of                                   Shrimp and crab
                                                                                        fishing hours
                       Longitude              Latitude             hauls                                                                           Fish Total
                                                                                                      Shrimp                Crab       Total
   1/
   2/
   3/
   4/
   5/
   6/
   11
   8/
   9/
  10/
  11/
  12/
  13/
  14/
  15/
  16/
  17/
                                                                                                                                                              I
                                                                                                                                                              9
  18/                                                                                                                                                         B
                                                                                                                                                              3
  19/
  20/
  21/
  22/
  23/
  24/
  25/
  26/
  27/
  28/
  29/
  30/
                                                                                                                                                              ?
  31/                                                                                                                                                         n
                                                       Total
 ---pagebreak---   No C 214/20                                       Official Journal of the European Communities 21. 8. 89
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