CELEX: 21989A1017(04)
Language: en
Date: 1990-04-25 00:00:00
Title: Protocol establishing, for the period from 27 June 1989 to 26 June 1992, the fishing rights and financial compensation provided for in the Agreement between the European Economic Community and the Government of the Republic of Equatorial Guinea on fishing off the coast of Equatorial Guinea

Avis juridique important

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21989A1017(04)

Protocol establishing, for the period from 27 June 1989 to 26 June 1992, the fishing rights and financial compensation provided for in the Agreement between the European Economic Community and the Government of the Republic of Equatorial Guinea on fishing off the coast of Equatorial Guinea  

Official Journal L 299 , 17/10/1989 P. 0010 L 125 15/05/1990 P. 0018

PROTOCOLestablishing for the period 27 June 1989 to 26 June 1992 the  fishing rights and financial compensation provided for in the Agreement between the European  Economic Community and the Government of the Republic of Equatorial Guinea on fishing off the coast  of Equatorial GuineaTHE PARTIES TO THIS PROTOCOL, Having regard to 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 and amended by the Agreement signed in Brussels on 4 November 1987, HAVE AGREED AS FOLLOWS: Article 1For a period of three years from 27 June 1989, the fishing rights  granted pursuant to Article 2 of the Agreement shall be as follows: 1.  freezer trawlers: 9 000 GRT per month, annual average; 2.  tuna seiners: 40 vessels; 3.  surface longliners: 30 vessels. At the Community's request, up to 10 licences may be granted for pole-and-line tuna vessels. Article 21.  The financial compensation referred to in Article 6 of the Agreement shall be, for  the period referred to in Article 1, ECU 6 million, payable in three equal annual instalments as  follows: the first instalment before 30 September 1989, the second before 30 June 1990 and the  third before 30 June 1991. 2.  The use to which this compensation is put shall be the sole responsibility of the Government of  the Republic of Equatorial Guinea. 3.  The compensation shall be paid into account N° 4160 of the Treasury of Equatorial Guinea,  opened at the 'Banque des Etats d`Afrique Central' (BEAC) in Malabo. Any changes shall be notified  to the Commission of the European Communities. Article 3At the request of the Community, the fishing rights referred to in Article 1 (1) may be  increased by successive instalments of 1 000 GRT per month, calculated on an annual average basis.  In this case, the financial compensation referred to in Article 2 shall be increased  proportionately. Article 4The Community shall also contribute, during the period referred to in Article 1, the  sum of ECU 500 000 towards the financing of an Equatorial Guinea scientific or technical programme  to improve information on the fishery resources within the exclusive economic zone of Equatorial  Guinea. This sum shall be made available to the Government of the Republic of Equatorial Guinea and paid  into the account indicated by the Equatorial Guinea authorities. Article 5The two Parties agree that improving the skills of those involved in sea fishing is a  vital element in the success of their cooperation. To that end, the Community shall make it easier  for nationals of Equatorial Guinea to find places in establishments in its Member States and shall  provide for that purpose, during the period referred to in Article 1, awards for study and  practical training in the various scientific, technical and economic disciplines relating to  fisheries. The awards may also be used in any State linked with the Community by a cooperation  agreement. The total cost of the awards may not exceed ECU 665 000. At the request of the  Equatorial Guinea authorities, part of this sum may be used to cover the costs of participation in  international meetings or training courses concerning fisheries. The sum shall be payable as and when it is used. Article 6Should the Community fail to make the payments provided for in Articles 2 and 4, the  application of this Protocol may be suspended. Article 7The Annex to the Agreement between the European Economic Community and the Government  of the Republic of Equatorial Guinea on fishing off the coast of Equatorial Guinea is hereby  repealed and replaced by the Annex to this Protocol. Article 8This Protocol shall enter into force on the date on which it is signed. It shall apply with effect from 27 June 1989.  ANNEXCONDITIONS FOR THE EXERCISE OF FISHING ACTIVITIES BY COMMUNITY VESSELS IN  EQUATORIAL GUINEA'S FISHING ZONE A.  Licence application and issuing formalitiesThe 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 authorities of the Commission of the  European Communities in Equatorial Guinea, an application for each vessel that is to be used for  fishing under the 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 competent authorities  of the Republic of Equatorial Guinea, a specimen of which is attached hereto (Annex 1). Each licence application shall be accompanied by proof of payment of the fee for the period of the  licence's validity. Payment shall be made into the account referred to in Article 2 of the  Protocol. Fees shall include all national and local charges except those for the performance of services.  Once signed, the licences shall be issued by the Equatorial Guinea authorities to the shipowners or  their representatives via the authorities of the Commission of the European Communities in  Equatorial Guinea within 15 working days of the date on which the proof of payment is received. Licences shall be issued for a specific vessel and shall not be transferable. However, at the  request of the European Economic Community, and where force majeure is proven, 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  Water, Forestry and Reafforestation of the Republic of Equatorial Guinea via the authorities of the  Commission of the European Communities. The new licence shall indicate: - the date of issue, - the fact that the licence cancels and replaces that granted to the previous vessel. The licence 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 as follows: ECU 90 per GRT per year for fin fish trawlers, ECU 100 per GRT per year for shrimp trawlers. (c)  The fees for half-year licences shall be as follows: ECU 55 per GRT per half-yearly period for fin fish trawlers, ECU 60 per GRT per half-yearly period for shrimp trawlers. (d)  The fees for quarterly licences shall be set as follows: ECU 30 per GRT per quarterly period for fin fish trawlers, ECU 35 per GRT per quarterly period for shrimp trawlers. 2.  Provisions applicable to tuna vessels and surface longliners(a)  The fees shall be ECU 20 per  tonne caught within Equatorial Guinea's fishing zone. (b)  Licences for tuna vessels shall be issued following payment to the Ministry of Water, Forestry  and Reafforestation of a lump sum of ECU 1 000 a year for each tuna seiner and ECU 200 a year for  each pole-and-line tuna vessel and surface longliner, equivalent to the fees for: - 50 tonnes of tuna caught per year in the case of seiners, - 10 tonnes caught per year in the case of pole-and-line tuna vessels and surface longliners. 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  by each shipowner and confirmed by the scientific institutes responsible for verifying catch data  (Orstom and IEO - Spanish Institute of Oceanography). The statement shall be forwarded  simultaneously to the Equatorial Guinea authorities and to the shipowners. Any additional payment  due shall be made by the shipowners to the Ministry of Water, Forestry and Reafforestation of  Equatorial Guinea by 30 May of the following year at the latest, in accordance with the procedure  for payment set out in Article 2 of the Protocol. However, if the amount of the final statement is lower than the abovementioned amount, the  resulting balance shall not be reimbursable. B.  Statement of catchFor all vessels authorized to fish in Equatorial Guinea's waters under the  Agreement, a statement of their catch must be provided to the Ministry of Water, Forestry and  Reafforestation, with a copy to the Commission authorities in Equatorial Guinea, in accordance with  the procedures set out below: - for trawlers a statement shall be made out according to the specimen annexed hereto (Annex 2).  The statements shall be communicated after each tide, - for tuna seiners, pole-and-line tuna vessels and surface longliners a fishing log shall be kept,  in accordance with Annex 3 (in English), for each fishing period spent in Equatorial Guinea's  fishing zone. The form must be completed legibly and be signed by the master of the vessel and  sent, within 45 days of the end of the fishing voyage spent in the Equatorial Guinea fishing zone,  to the Ministry of Water, Forestry and Reafforestation via the authorities of the Commission of the  European Communities in Equatorial Guinea. 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 and to apply  the penalties laid down under fisheries law N° 2/1987 of 16 February 1987. C.  Landing of catchTrawlers authorized to fish in the Equatorial Guinea zone shall, after each  tide, make a contribution to fish supplies for the local population by landing, on an annual  basis: - fin fish trawlers: 7 000 kg of fish per vessel, - shrimp trawlers: 5 000 kg of fish per vessel, 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. Landings may be made individually or collectively at the ports of Malabo, Bata or Luba. Any failure to comply with the obligation to land catches shall render the offender liable to the  following sanctions applied by the Equatorial Guinea authorities: - fine of ECU 1 000 per tonne not landed, and- withdrawal and non-renewal of the licence of the  vessel concerned or another vessel belonging to the same shipowner. D.  Signing on of seamen1.  Trawler owners 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: - two seamen/fishermen on vessels of up to 300 GRT, - three seamen/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 the fishermen not be signed  on, the shipowners shall be obliged to pay a lump sum equivalent to 30 % of the seamen'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.  Taking on board of observersEach trawler may be obliged to take on board an observer  designated by the Ministry of Water, Forestry and Reafforestation. In that case, the observer shall  be included in the number of fishermen to be signed on established in point D. The observer shall be offered every facility needed to carry out his duties. The presence and work  of this observer must not interrupt or prejudice fishing operations. The salary and the social  contributions of the observer shall be borne by the Government of Equatorial Guinea. F.  Inspection and monitoringAny Community vessel fishing in Equatorial Guinea's fishing zone  shall allow on board any official of Equatorial Guinea responsible for inspection and monitoring  and shall assist him in the accomplishment of his duties. The official must not remain on board any  longer than is necessary for the verification of catches by random checks and for any other  inspection relating to fishing activities. G.  Fishing zonesThe vessels referred to in Article 1 of the Protocol shall be authorized to fish  in waters beyond four nautical miles from the base lines. H.  Meshes authorizedThe minimum mesh size authorized for the trawl body (mesh fully extended)  shall be: (a)  60 mm for fin fish vessels catching less than 30 % shrimps; (b)  25 mm for shrimp vessels catching more than 30 % shrimps. Outrigger fishing shall be authorized. I. Entering and leaving the zoneAll Community vessels fishing under the Agreement in the Equatorial  Guinea zone shall communicate to the radio station indicated on the licence the date and time and  their position when entering and leaving the Equatorial Guinea fishing zone. J.  Procedure in case of boarding1.  The authorities of the Commission of the European Communities  in Equatorial Guinea shall be notified within two working days of any boarding within the  Equatorial Guinea exclusive economic zone of a fishing vessel flying the flag of a Member State of  the Community and holding a valid licence granted under the Agreement. The authorities shall at the  same time receive a brief report of the circumstances and reasons leading to the boarding. 2.  Before any measures regarding the master or the crew of the vessel or any action regarding the  cargo and equipment of the vessel are considered, other than those to safeguard evidence relating  to the presumed infringement, a consultation meeting shall be held, within one working day from the  receipt of the abovementioned information, between the authorities of the Commission of the  European Communities in Equatorial Guinea, the Fisheries Department and the inspection authorities,  possibly attended by a representative of the Member State concerned. At the meeting, the parties  shall exchange any relevant documentation or information helping to clarify the circumstances of  the established facts. The shipowner or his representative shall be informed of the outcome of the  meeting and of any measures resulting from the boarding. 3.  Before any judicial procedure, an attempt shall be made to resolve the presumed infringement  through a compromise procedure. This procedure shall end no later than three working days after the  boarding. 4.  Should the case not be settled by means of compromise, and therefore be brought before a  competent Equatorial Guinea judicial body, a reasonable bank security shall be fixed by the  competent authority within two working days, following the conclusion of the compromise procedure,  pending the judicial decision. The bank security shall be released by the competent authority once  the master of the vessel concerned has been acquitted by the judicial decision. 5.  The vessel and its crew shall be released either: - at the end of the consultation meeting, if the established facts permit, or- on receipt of payment of a fine (compromise procedure), or- once a bank security is deposited (judicial procedure). 6.  Should one of the Parties consider that there is a problem in the application of the  abovementioned procedure, it may request urgent consultations under Article 8 of the Agreement. Annex 1 REPUBLIC OF EQUATORIAL GUINEAAPPLICATION 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: . Annex 2 Annex 1 to the Fisheries LawINFORMATION ON CATCHES RESULTING FROM INDUSTRIAL  FISHING(Article 42 of the Fisheries Law)1. Name and registration number of vessel: . 2. Nationality: . Type of vessel:  3. Type of vessel: . (i.e. for fresh fish, tuna, etc.)4. Master's name: . 5. Fishing licence issued by: . valid for the period: . 6. Type of fishing: . 7. Date of leaving port: . Date of entering port: . 8. Catches: . >TABLE>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.  The Observer of the Government   The Master Witnessed byThe Observer of the  GovernmentSignedThe Master   Annex 3