CELEX: 21986A1231(01)
Language: en
Date: 1986-12-11 00:00:00
Title: Agreement in the form of an Exchange of Letters concerning the provisional application of the Agreement amending the Agreement between the European Economic Community and the Government of the Republic of Equatorial Guinea on fishing off the coast of Equatorial Guinea, signed at Malabo on 15 June 1984, for the period starting on 27 June 1986

Official Journal of the European Communities                             31 . 12 . 86
No L 372 / 20
                                                           AGREEMENT
             in the form of an Exchange of Letters concerning the provisional application of the Agreement
             amending the Agreement between the European Economic Community and the Government of the
             Republic of Equatorial Guinea on fishing off the coast of Equatorial Guinea, signed at Malabo on
                                      15 June 1984, for the period starting on 27 June 1986
              A. Letter from the Government of Equatorial Guinea
              Sir,
              With reference to the Agreement between the European Economic Community and the
              Government of the Republic of Equatorial Guinea, initialled on 25 June 1986, amending the
              Agreement on fishing off the coast of Equatorial Guinea, signed at Malabo on 15 June 1984 , I
              have the honour to inform you that the Government of the Republic of Equatorial Guinea is ready
              to apply this Agreement on a provisional basis, with effect from 27 June 1986 , until its entry into
              force in accordance with Article 2 of the said Agreement , provided that the European Economic
              Community is disposed to do the same .
              This is on the understanding that payment of a first instalment equal to 40 % of the financial
              compensation specified in the Agreement is effected by 31 December 1986 .
              I should be obliged if you would confirm the European Economic Community's agreement to such
              provisional application .
              Please accept, Sir, the assurance of my highest consideration.
                                                                                      For the Government of
                                                                                the Republic of Equatorial Guinea
              B. Letter from the European Economic Community
              Sir,
              I am in receipt of your letter of today's date , which reads as follows:
                   'With reference to the Agreement between the European Economic Community and the
                   Government of the Republic of Equatorial Guinea, initialled on 25 June 1986 , amending the
                   Agreement on fishing off the coast of Equatorial Guinea, signed at Malabo on 15 June 1984 , 1
                   have the honour to inform you that the Government of the Republic of Equatorial Guinea is
                   ready to apply this Agreement on a provisional basis, with effect from 27 June 1986 , until its
                   entry into force in accordance with Articled of the said Agreement, provided that the European
                   Community is disposed to do the same .
                   This is on the understanding that payment of a first instalment equal to 40 % of the financial
                   compensation specified in the Agreement is effected by 31 December 1986 .
                   I should be obliged if you would confirm the European Economic Community's agreement to
                   such a provisional application .'.
               I have the honour to confirm the European Economic Community's agreement to this provisional
               application of the Agreement.
               Please accept, Sir, the assurance of my highest consideration.
                                                                                        On behalf of the Council
                                                                                     of the European Communities
 ---pagebreak--- 31 , 12 . 86                           Official Journal of the European Communities                          No L 372 / 21
                                                        AGREEMENT
             amending the Agreement between the European Economic Community and the Government of the
             Republic of Equatorial Guinea on fishing off the coast of Equatorial Guinea, signed at Malabo on
                                                         15 June 1984
                                                           Article 1
             The Annex referred to in Article 4 and the Protocol referred to in Article 6 of the Agreement
             between the European Economic Community and the Government of the Republic of Equatorial
             Guinea on fishing off the coast of Equatorial Guinea, signed on 15 June 1984 shall be replaced by
             the texts annexed to this Agreement.
                                                           Article 2
             This Agreement, drawn up in duplicate in the Danish , German , Greek, English , French , Italian,
             Dutch , Portuguese and Spanish languages, each of these texts being equally authentic, shall enter
             into force on the date of signature.
             It shall be applicable from 27 June 1986 to 26 June 1989 .
 ---pagebreak---                                               Official Journal of the European Communities                                        31 . 12 . 86
No L 372 / 22
                                                                    ANNEX
            CONDITIONS FOR THE PURSUIT OF FISHING ACTIVITIES IN EQUATORIAL GUINEA'S FISHING
                      ZONE BY VESSELS FLYING THE FLAGS OF MEMBER STATES OF THE COMMUNITY
            A. Licence application and issuing formalities
                The procedure for applications for, and issue of, the licences enabling vessels flying the flags of the Member
                States of the Community to fish in Equatorial Guinea's fishing zone shall be as follows:
                 The relevant Community authorities shall present to the Ministry of Water, Forestry and Reafforestation of
                 the Republic of Equatorial Guinea, via the Delegation of the Commission in Equatorial Guinea, an
                 application for each vessel that wishes to fish under this Agreement, at least 30 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 Republic
                 of Equatorial Guinea, a specimen of which is annexed hereto .
                 Each licence application shall be accompanied by proof of payment for the period of the licence's validity
                 into the account referred to in Article 3 of the Protocol . Once signed , the licences shall be issued by the
                 Equatorial Guinea authorities to the shipowners or their representatives. Licences must be held on board at
                 all times .
                  1 . Provisions applicable to trawlers
                       (a) The licences for trawlers shall be issued for a year, six months or three months. They shall be
                            renewable .
                       (b) The fees for annual licences shall be set as follows:
                            — 55 ECU per grt per year for fin fish trawlers;
                            — 75 ECU per grt per year for shrimp trawlers.
                       The fees for shorter periods shall be set pro rata temporis .
                  2 . Provisions applicable to tuna vessels
                       ( a) The fees shall be set at 20 ECU per tonne caught within Equatorial Guinea's fishing zone.
                       (b) Applications for licences for tuna vessels shall be issued following payment to the Ministry of Water,
                            Forestry and Reafforestation of a lump sum of 1 000 ECU a year for each tuna seiner and 200 ECU
                            a year for each pole-and-line tuna vessel , equivalent to the fees for:
                            — 50 tonnes of tuna caught per year in the case of seiners ,
                            — 10 tonnes of tuna caught a year in the case of pole-and-line vessels .
                  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 the catch statements made by each
                  shipowner and forwarded simultaneously to the Equatorial Guinea authorities and the Commission
                  departments responsible. The corresponding amount shall be paid by each shipowner to the Ministry of
                  Water, Forestry and Reafforestation no later than 31 March of the following year in accordance with the
                  procedure for payment set out in Article 3 of the Protocol .
                  The final statement of the fees due shall be drawn up by the Commission following verification of the
                  volume of catch by a specialist scientific body in the region. The final statement shall be communicated to
                  the Equatorial Guinea authorities and notified to the shipowners, who shall have 30 days to discharge their
                  financial obligations .
                   However, if the amount of the final statement is lower than the abovementioned advance , the resulting
                   balance shall not be reimbursable .
              B. Statement of catch
                   1 . Vessels authorized to fish in Equatorial Guinea's waters under the Agreement shall be obliged to make
                  to the Ministry of Water, Forestry and Reafforestation a statement of their catch and send a copy of the
                  statement to the Commission using the procedures set out below:
 ---pagebreak---                                            Official Journal of the European Communities                                          No L 372 / 23
31 . 12 . 86
                — trawlers and pole-and-line tuna vessels shall make out a statement according to the specimen annexed
                     hereto , the statements being drawn up monthly and presented at least once every quarter ,
                — tuna seiners shall communicate the results of each haul to the radio station at Annobon (call sign 3
                     CA-24 ).
                2. Any Community vessel fishing in Equatorial Guinea's fishing zone shall allow on board, and assist in
                the accomplishment of his duties, any official of Equatorial Guinea responsible for inspection and
                monitoring. Officials should not remain on board any longer than the time required to make spot checks on
                the catch and carry out any other inspection concerning fishing activities.
                3 . Should this provision not be adhered to, the Government of Equatorial Guinea reserves the right to
                suspend the licence of the offending vessel until the formality has been complied with.
             C. Landing of catch
                Trawlers authorized to fish in the Equatorial Guinea zone shall make a contribution to fish supplies for the
                local population by landing:
                — fin fish trawlers: 6 000 kilograms of fish per vessel per year,
                — shrimp trawlers: 4 000 kilograms of fish per vessel per year,
                at a price set by the Ministry of Water, Forestry and Reafforestation by mutual agreement with the
                shipowner on the basis of local market prices and in consultation with the Delegation of the Commission of
                the European Communities in Equatorial Guinea.
                Should the licence be renewed, the fee may be accordingly reduced in relation to the value of the fish
                landed.
                Landings may be made individually or collectively at the most convenient port of Equatorial Guinea.
                 Any failure to comply with the obligation to land catches shall render the offender liable to the following
                 sanctions on the part of the Equatorial Guinea authorities:
                 — fine of 1 000 ECU per tonne not landed and
                 — withdrawal or non-renewal of the licence of the vessel concerned or another vessel belonging to the same
                      shipowner.
             D. Signing on of seamen
                 1 . Owners of trawlers who have been issued fishing licences under the Agreement shall contribute to the
                 on-the-job vocational training of Equatorial Guinea nationals subject to the conditions and limits set out
                 below :
                 — one fisherman on vessels of up to 300 grt ,
                 — two fishermen on vessels of more than 300 grt .
                 2. The wages of these fishermen, to be borne by the shipowners, shall be fixed by mutual agreement
                 between the shipowners and the Equatorial Guinea authorities. Should Equatorial Guinea not have any
                 candidates to put forward, this obligation shall take the form of a lump sum payment equivalent to 30 % of
                 the fishermen's wages .
                 This sum will be used for the training of fishermen in Equatorial Guinea and is to be paid into an account
                 specified by the Equatorial Guinea authorities .
             E. Fishing zones
                  The freezer trawlers referred to in Article 1 of the Protocol shall be authorized to carry out fishing activities
                  beyond the six-mile limit.
 ---pagebreak--- No L 372 / 24                               Official Journal of the European Communities                                                  31 . 12. 86
                                                         Annex I to the fisheries law
                            INFORMATION ON CATCHES RESULTING FROM INDUSTRIAL FISHING
                                                      (Article 42 of the Fisheries Law )
             1 . Name and registration number of vessel:
             2 . Nationality :
             3 . Type of vessel :
                                                                                                      (i.e. for fresh fish , tuna , etc.)
             4.  Masters name :
             5 . Fishing licence issued by:
                                  valid for the period :
             6 . Type of fishing:
             7 . Date of leaving port : .
                 Date of entering pott :
             8 . Catches :
                     Date            Fishing zone              Species caught            Tonnage               Port of landing
             I the undersigned                            Master of the vessel cited above, or his representative , hereby declare
             that the information given above is correct , as witnessed by the observer of the Government.
                          Witnessed by                                                                                        Signed
               The Observer of the Government                                                                            The Master
 ---pagebreak--- 31 , 12 . 86                              Official Journal of the European Communities                 No L 372 / 25
                                                 REPUBLIC OF EQUATORIAL GUINEA
                                             APPLICATIONS FOR A FISHING LICENCE
              1 . Valid from :                               to :
              2 . Name of vessel :
              3 . Name of shipowner :
              4 . Port and registration number:
              5 . Type of fishing:
              6 . Authorized mesh size :
              7 . Length of vessel :
              8 . Width of vessel :
              9 . Gross registered tonnage :
             10 . Hold capacity :
             11 . Engine rating :
             12 . Type of construction :
             13 . Usual number of seamen aboard :
             14 . Radio / electrical equipment :
             15 . Master's name:
             The above information is the sole responsibility of the shipowner or his representative .
                                                                     Date of application :
 ---pagebreak---                                          Official Journal of the European Communities                               31 . 12 . 86
No L 372 / 26
                                                           PROTOCOL
                   Establishing fishing rights and financial compensation for the period from 27 June 1986
                                                         to 26 June 1989
                           Article 1                                                          Article 5
From 27 June 1986, for a period of three years, the fishing         The Community shall also contribute during the period of
authorizations granted pursuant to Article 2 of the                 application of this Agreement a Sum of 200 000 ECU
Agreement shall be as follows:                                      towards the financing of an Equatorial Guinea scientific
                                                                    and technical programme to improve information on the
1 . Freezer trawlers: 9 000 per month , annual average              fishery resources within the exclusive economic zone of
2 . Freezer tuna seiners : 48 vessels                               Equatorial Guinea. One of the aims of the programme shall
                                                                    be to undertake a study that will improve knowledge of
3 . Pole-and-line tuna vessels : 11 vessels .                       shrimp resources .
                                                                    This sum shall be made available to the Government of the
                           Article 2
                                                                    Republic of Equatorial Guinea and paid into the account
                                                                    referred to in Article 3 . Half of this sum shall be paid
The financial compensation referred to in Article 6 of the          before 31 December 1986, payment of the balance being
Agreement shall be, for the period referred to in Article 1 ,       made in relation to progress on the study .
5 115 000 ECU , payable as follows: 40% before 31
December 1986 and the balance in two equal annual                   The competent Equatorial Guinea authorities shall send to
instalments on 31 January 1988 and 31 January 1989 at               the Commission a brief report on the utilization of the
the latest .                                                        funds .
                           Article 3
                                                                                              Article 6
The use to which the compensation provided for in
Article 2 is put shall be the sole responsibility of the
Government of the Republic of Equatorial Guinea .                    The Community shall make it easier for nationals of
                                                                     Equatorial Guinea to find places in establishments in its
The compensation funds shall be paid into Account No                 Member States and shall provide for that purpose, during
4280 of the Treasury of Equatorial Guinea , opened at the            the period referred to Article 1 , 10 study and training
'Banque des Etats d'Afrique Centrale' at Malabo. Any                 grants of a maximum duration of four years in subjects
changes shall be communicated to the Commission of the               connected with fisheries. One of these grants will be used
European Communities.
                                                                     to cover expenses for participation in international
                                                                     meetings on fisheries.
                           Article 4
 At the request of the Community, the fishing rights referred                                 Article 7
 to in Article 1 ( 1 ) may be increased by successive
 instalments of 1 000 grt a month on annual average. In this         Should the Community fail to make the payments provided
 case , the financial compensation referred to in Article 2          for in this Protocol , the Agreement on fishing shall be
 shall be increased proportionately pro rata temporis.               suspended .