No L 372 / 20 Official Journal of the European Communities 31 . 12 . 86
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
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 .
No L 372 / 22 Official Journal of the European Communities 31 . 12 . 86
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 :
No L 372 / 2331 . 12 . 86 Official Journal of the European Communities
— 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 .
31 . 12. 86No L 372 / 24 Official Journal of the European Communities
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 .
Signed
The Master
Witnessed by
The Observer of the Government
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 :
Official Journal of the European Communities 31 . 12 . 86No L 372 / 26
PROTOCOL
Establishing fishing rights and financial compensation for the period from 27 June 1986
to 26 June 1989
Article 1
From 27 June 1986 , for a period of three years , the fishing
authorizations granted pursuant to Article 2 of the
Agreement shall be as follows :
1 . Freezer trawlers : 9 000 per month , annual average
2 . Freezer tuna seiners : 48 vessels
3 . Pole-and-line tuna vessels : 11 vessels .
Article 5
The Community shall also contribute during the period of
application of this Agreement a Sum of 200 000 ECU
towards the financing of an Equatorial Guinea scientific
and technical programme to improve information on the
fishery resources within the exclusive economic zone of
Equatorial Guinea . One of the aims of the programme shall
be to undertake a study that will improve knowledge of
shrimp resources .
This sum shall be made available to the Government of the
Republic of Equatorial Guinea and paid into the account
referred to in Article 3 . Half of this sum shall be paid
before 31 December 1986, payment of the balance being
made in relation to progress on the study .
The competent Equatorial Guinea authorities shall send to
the Commission a brief report on the utilization of the
funds .
Article 2
The financial compensation referred to in Article 6 of the
Agreement shall be , for the period referred to in Article 1 ,
5 115 000 ECU , payable as follows : 40% before 31
December 1986 and the balance in two equal annual
instalments on 31 January 1988 and 31 January 1989 at
the latest .
Article 3
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 compensation funds shall be paid into Account No
4280 of the Treasury of Equatorial Guinea , opened at the
'Banque des Etats d'Afrique Centrale' at Malabo . Any
changes shall be communicated to the Commission of the
European Communities .
Article 4
At the request of the Community, the fishing rights referred
to in Article 1 ( 1 ) may be increased by successive
instalments of 1 000 grt a month on annual average . In this
case , the financial compensation referred to in Article 2
shall be increased proportionately pro rata temporis .
Article 6
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 Article 1 , 10 study and training
grants of a maximum duration of four years in subjects
connected with fisheries . One of these grants will be used
to cover expenses for participation in international
meetings on fisheries .
Article 7
Should the Community fail to make the payments provided
for in this Protocol , the Agreement on fishing shall be
suspended .
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