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Official Journal of the European Union
20.9.2013
PROTOCOL
setting out the fishing opportunities and the financial contribution provided for by the Fisheries
Partnership Agreement between the European Union and the Gabonese Republic
Article 1
zone. To this end, over the course of the fishing season, the EU
will regularly analyse data on the catch and effort of EU fishing
Period of application and fishing opportunities
vessels operating in the Gabonese fishing zone. The EU will
1. From the date of the provisional application of the
regularly update Gabon on the outcome of these analyses. In
Protocol, and for a period of three (3) years, the fishing oppor
order to manage the possibility of the reference tonnage being
tunities granted under Articles 5 and 6 of the Agreement shall
exceeded, the EU shall inform its Member States and Gabon as
be set out to allow the highly-migratory species listed in Annex
soon as the total registered catch in the Gabonese fishing zone
1 to the United Nations Convention on the Law of the Sea to
reaches 80 % of the reference tonnage of 20 000 tonnes.
be caught, with the exception of those species protected or
prohibited by ICCAT or under Gabonese legislation.
6. As
soon
as
the
overall
catch
quantity
reaches
80
%
of
the
2. From the date of the provisional application of the
reference tonnage, a meeting of the Joint Committee shall be
Protocol, activities carried out by the following vessels may
held in order to establish how Gabon shall receive the
benefit from fishing opportunities:
additional payment due on account of this possible excess.
(a) 27 freezer tuna seiners
7. Save
as
provided
for
under
paragraph
6
of
this
Article,
(b) 8 pole-and-line tuna vessels
where the quantities caught by European Union vessels exceed
This paragraph shall apply subject to Articles 5 and 6 of this
the quantities corresponding to twice the total annual amount,
Protocol.
the amount due for the quantity exceeding that limit shall be
paid the following year.
3. Access
to
fishery
resources
in
Gabonese
fishing
zones
shall be granted to foreign fleets to the extent that there is a
surplus within the meaning of Article 62 of the United Nations
8. The
Gabonese
authorities
shall
have
full
discretion
Convention on the Law of the Sea and having taken into
regarding the use to which the financial contribution defined
account the operating capacity of the national Gabonese fleets.
under paragraph 2(a) is put.
4. Under Article 6 of the Agreement, vessels flying the flag
of a Member State of the European Union may fish in Gabonese
9. The
financial
contribution
shall
be
paid
into
a
single
fishing zones only if they are in possession of a fishing auth
Gabonese Public Treasury account, the references of which
orisation issued under this Protocol in accordance with Annex 1
shall be notified each year by the Gabonese authorities.
hereto.
Article 2
Article 3
Financial contribution – Methods of payment
Promoting responsible fishing and sustainable fisheries in
the Gabonese fishing zone
1. For the period referred to in Article 1, the financial
contribution referred to in Article 7 of the Fisheries Partnership
1. The
two
Parties
undertake
to
promote
responsible
fishing
Agreement shall be EUR 1 350 000 per year.
in the Gabonese fishing zone based on the principles of
sustainable exploitation of fishery resources and marine
2. The
financial
contribution
comprises:
ecosystems.
(a) an annual amount for access to the Gabonese fishing zone
of EUR 900 000, equivalent to a reference tonnage of
2. The
European
Union
and
Gabon
shall
agree,
within
the
20 000 tonnes per year, and
Joint Committee provided for in Article 9 of the Agreement,
(b) a specific amount of EUR 450 000 per year for support to
from the date of provisional application of this Protocol, and at
and implementation of the Gabonese sectoral fisheries
the latest three months after that date, on a multiannual sectoral
policy.
programme, in line with the Gabonese national strategy on
fisheries and the European Commission’s political framework,
3.
Paragraph 1 shall apply subject to Articles 4, 5, 7 and 9 of
and on the detailed implementing rules, including in particular:
this Protocol.
4. Payment
of
the
financial
contribution
laid
down
in
(a) annual and multiannual guidelines for using the specific
paragraph 2(a) on access by European Union vessels to
amount of the financial contribution referred to in
Gabonese fishery resources shall be made by the European
Article 2(2);
Union no later than three (3) months after the date of
provisional application of the Protocol for the first year and
on the anniversary of the signing of the Protocol for the
(b) the objectives, both annual and multiannual, to be achieved
following years.
with a view to introducing responsible fishing and
sustainable fisheries, taking account of the priorities
5. The
two
Parties
have
agreed
to
improve
the
regular
moni
expressed by Gabon in its national fisheries policy, and
toring of catches taken by EU vessels in the Gabonese fishing
other policies relating to or having an impact on the

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promotion of responsible fishing and sustainable fisheries,
sentatives of stakeholders or representatives of regional and
including marine protected areas;
international fishery management bodies.
(c) criteria and procedures including, where appropriate,
Article 5
budgetary and financial indicators, to be used for evaluating
the results obtained each year.
Review of fishing opportunities
1. The
Parties
may
adopt,
in
the
Joint
Committee,
measures
3. The
use
to
which
the
amounts
are
put
shall
be
based
on
a as referred to in Articles 1 and 2 of this Protocol entailing a
common agreement between the two Parties within the Joint
review of fishing opportunities. In that case, the financial
Committee on the objectives to be achieved, in line with the
contribution shall be adjusted proportionately and pro rata
Strategic Plan for Emerging Gabon by the fisheries sector and
temporis.
based on an estimate of the expected impact of the projects to
be carried out.
2. With
regard
to
categories
not
provided
for
by
the
Protocol
4. For the first year of the Protocol, the financial support
in force, the two Parties may, in accordance with Article 6
issued by Gabon to the fisheries sector shall be notified to
second subparagraph of the Agreement, include new fishing
the EU or approved by the Joint Committee.
opportunities on the basis of the best scientific advice,
endorsed by the Independent Joint Scientific Committee and
5. Each
year,
Gabon
shall
present
how
the
projects
imple
adopted by the Joint Committee.
mented with sectoral financial support have progressed, in the
form of an annual achievement report to be examined by the
Article 6
Joint Committee. A final report shall also be produced by
New fishing opportunities
Gabon before the Protocol expires.
1. At the request of Gabon, the Gabonese Government may
6. The
specific
financial
contribution
to
support
the
sector call on the European Union in order to consider the possibility
shall be paid in instalments based on an analysis of the
of experimental fishing in order to exploit certain fisheries,
outcomes of the sectoral support and of needs.
under the direct supervision of scientists representing the two
Parties and either ICCAT or the relevant regional fisheries
7. Any
proposed
amendments
to
the
multiannual
sectoral organisation.
programme must be approved by the two Parties within the
Joint Committee.
2. The
two
Parties
shall
encourage
experimental
fishing
in
the Gabonese fishing zone. To that end, at the request of
Article 4
Gabon, they shall consult each other and determine on a
Scientific cooperation on responsible fishing
case-by-case basis the relevant species, conditions and other
parameters. The two Parties shall carry out experimental
1. The
two
Parties
shall
undertake
to
promote
responsible fishing in line with the conditions laid down by the Scientific
fishing in Gabonese waters based on the principle of non-
Committee set up under this Protocol.
discrimination as regards technical conservation measures
between the different fleets operating in those waters and the
3. The
authorisations
for
experimental
fishing
shall
be
principle of sustainable management of fishery resources and
granted for a maximum of 12 months. In the event that the
marine ecosystems.
Parties consider that experimental campaigns have given
positive results, the Government may allocate fishing oppor
2. Over
the
period
covered
by
this
Protocol,
the
European tunities for new species to the European Union fleet until this
Union and Gabon shall undertake to cooperate in order to
Protocol expires. The financial compensation referred to in
monitor the state of fishery resources in the Gabonese fishing
Article 2(1) of the current Protocol shall consequently be
zone and to contribute to fishery development.
increased.
3. The
two
Parties
shall
comply
with
the
recommendations 4. Vessels
involved
in
exploratory
fishing
within
the
meaning
and resolutions of the International Commission for the Conser
of this Protocol must have an observer on board, as laid down
vation of Atlantic Tunas (ICCAT) regarding the responsible
in the Annex.
management of fisheries.
4. In
accordance
with
Article
4
of
the
Fisheries
Partnership
Article 7
Agreement, on the basis of the recommendations and resol
Suspension and review of the payment of the financial
utions adopted within ICCAT and in the light of the best
contribution
scientific advice available, the Parties shall consult each other
within the Joint Committee provided for in Article 9 of the
1. The
financial
contribution
referred
to
in
Article
2(2)(a)
and
Fisheries Partnership Agreement to take measures to ensure
(b) may be revised or suspended after consultation between the
the sustainable management of the fish species covered by
two Parties if one or more of the following conditions apply:
this Protocol and concerning the activities of European Union
vessels.
(a) unusual circumstances, as defined in Article 2(h) of the
Fisheries Partnership Agreement, preventing fishing activities
5. Where
necessary,
as
provided
for
under
Article
4.2
of
the
in the Gabonese fishing zone;
Agreement, a meeting of scientific experts representing the two
Parties may be convened at the request of either of the Parties.
(b) significant changes in the formulation or implementation of
Participation in that meeting may also be extended, where
the fisheries policy of either one of the Parties affecting the
necessary, to third party scientific experts and observers, repre
provisions of this Protocol;

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(c) if the European Union or Gabon note that there has been a
2. Implementation of the Protocol may be suspended at the
violation of the essential and fundamental human rights
initiative of one Party if it has not been possible to settle the
provided for in Article 9 of the Cotonou Agreement and
dispute between the Parties in consultations held within the
following the procedure provided for in Articles 8 and 96
Joint Committee.
of that Agreement;
3. Suspension of application of the Protocol shall require the
2. In
the
cases
referred
to
in
the
first
paragraph,
fishing Party concerned to notify its intention in writing at least three
activities shall be suspended. The payment shall be revised or
months before the date on which suspension is due to take
suspended without prejudice to the financial contribution due
effect.
for fishing activities carried out prior to the suspension decision.
4. In the event of suspension, the Parties shall continue to
3. Following
the
evaluation
provided
for
in
Article
3(4),
the consult with a view to finding an amicable settlement to their
European Union reserves the right to suspend, partially or fully,
dispute. Where such a settlement is reached, application of the
the payment of the financial contribution for the fisheries sector
Protocol shall resume and the amount of the financial
as provided for in Article 2(2)(b) of this Protocol in the event of
contribution shall be reduced proportionately and pro rata
failure to adhere to the objectives of the planning of the sectoral
temporis according to the period during which application of
support or failure to implement the financial contribution.
the Protocol was suspended.
4. Payment
of
the
financial
contribution
shall
resume
after 5. In
the
event
of
actual
suspension,
European
Union
vessels
consultation and agreement by the two Parties, as soon as the
must leave the Gabonese fishing zone within 24 hours.
situation existing prior to the events referred to in paragraph 1
has been re-established and/or if the results of the financial
implementation referred to in paragraph 2 so warrant. Never
Article 9
theless, the specific financial contribution provided for in
National law
Article 2(2)(b) may not be paid beyond a period of 6 months
after the Protocol expires.
1. The
activities
of
European
Union
fishing
vessels
in
the
Gabonese fishing zone are subject to the laws and regulations
in force in Gabon, unless otherwise provided for under this
Article 8
Protocol and the Annexes thereto.
Suspension of the implementation of the Protocol
1. The
implementation
of
this
Protocol
may
be
suspended
at 2. The
Gabonese
authorities
shall
inform
the
European
the initiative of one of the two Parties if one or more of the
Commission of any changes to its fisheries policy or new
following conditions apply:
sectoral legislation before their entry into force.
(a) unusual circumstances, as defined in Article 2(h) of the
3. In the event that the new provisions under Gabonese
Fisheries Partnership Agreement, preventing fishing activities
national legislation, as referred to in point 2, contradict the
in the Gabonese fishing zone;
provisions of this Protocol and the Annexes thereto, the Joint
Committee shall be convened as soon as possible in order to
clarify those contradictions directly affecting the fishing activity
(b) significant changes in the policy guidelines of one or other
of European Union vessels.
of the Parties affecting the provisions of this Protocol;
Article 10
(c) if the European Union or Gabon note that there has been a
Electronic communication
violation of the essential and fundamental human rights
provided for in Article 9 of the Cotonou Agreement and
1. The
Gabonese
Republic
and
the
European
Union
shall
following the procedure provided for in Articles 8 and 96
undertake to install as soon as possible the computer systems
of that Agreement;
required for the electronic exchange of all the information and
documents related to the implementation of the Agreement.
(d) there is non-payment of the financial contribution provided
for in Article 2(2)(a) by the European Union, for reasons
2. The
electronic
version
of
a
document
shall
be
considered
other than those provided for in Article 10.2 of this
to be the equivalent of a paper document in every way, after
Protocol;
approval by the competent authorities as defined under Chapter
I of the Annex to this Protocol.
(e) there is a dispute between the two Parties concerning the
interpretation of this Protocol;
3. Gabon
and
the
European
Union
shall
inform
each
other
of any malfunction of a computer system as soon as possible.
The information and documents related to the implementation
(f) one of the two Parties does not comply with the provisions
of the Agreement shall then be automatically replaced by their
of this Protocol and the Annex and appendices thereto.
paper version.

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Article 11
intention to terminate it at least three months before the date
on which such termination would take effect.
Confidentiality
The Gabonese Republic and the European Union shall
undertake that all nominative data relating to EU vessels and
2. Dispatch of the notification referred to in the previous
their fishing activities obtained within the framework of the
paragraph shall open consultations by the Parties.
Agreement will, at all times, be processed strictly in accordance
with the principles of confidentiality and data protection.
Article 14
The two Parties shall ensure that only aggregate data on fishing
activity in Gabonese waters is made publicly available, in line
Provisional application
with the relevant ICCAT provisions. Data which may be
considered confidential must be used by the competent auth
This Protocol and the Annexes thereto shall be provisionally
orities exclusively for the purposes of implementing the
applied as from the date of its signature.
Agreement and for fishery management, controls and moni
toring.
Article 15
Article 12
Entry into force
Duration
This Protocol and the Annexes thereto shall enter into force on
This Protocol and the Annexes thereto shall apply for a
the date on which the Parties notify each other of the
duration of three (3) years from the date of provisional appli
completion of the procedures necessary for that purpose.
cation as laid down under Article 14.
Article 13
Termination
1. In the event of termination of the Protocol, the Party
For the European Union
For the Gabonese Republic
concerned shall notify the other Party in writing of its
J. E. HOLZAPPEL
J. NKOGHE BEKALE

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ANNEX
CONDITIONS GOVERNING FISHING ACTIVITIES BY EUROPEAN UNION VESSELS IN THE GABONESE
FISHING ZONE
CHAPTER I
GENERAL PROVISIONS
1. Designation of competent authority
For the purposes of this Annex and unless otherwise specified, any reference to the European Union (EU) or to Gabon
as a competent authority shall mean:
— for the EU: the European Commission, where applicable via the EU delegation to Gabon;
— for Gabon: the Ministry responsible for fisheries.
2. Gabonese fishing zone
EU vessels may carry out fishing activities in waters beyond 12 nautical miles from the baselines within the Gabonese
fishing zone, subject to the provisions of point 3 below.
Before provisional application of the Protocol, Gabon shall inform the EU of the geographical coordinates of the
baselines, its fishing zone and all zones within it which are closed to fishing.
3. Zones closed to shipping and to fishing
The zones adjacent to oil extraction and exploration activities shall be closed to all shipping. European Union vessels
shall ensure that none of their fish aggregating devices (FADs) fitted with transponders enter these zones or the 12
nautical miles from the baseline.
Zones closed to fishing shall include national parks, marine protected areas and fish breeding grounds, in line with the
national legislation in force.
The Ministry responsible for fisheries in the Gabonese Republic shall notify the coordinates of these zones to vessel
owners when the fishing licence is issued.
The zones closed to shipping and fishing shall also be notified for information purposes to the EU, as shall all changes
to those zones, which must be announced at least two months before enforcement.
4. Prohibitions
Support vessels shall be prohibited in the Gabonese fishing zone.
5. Appointment of a local agent
Any EU vessel which plans to land in a Gabonese port must be represented by a consignee resident in Gabon.
6. Bank account
Before provisional application of the Protocol, Gabon shall notify the EU of the details of the bank account(s) into
which the financial sums payable by EU vessels under the Agreement must be paid. The associated bank transfer costs
shall be borne by the vessel owners.
CHAPTER II
FISHING AUTHORISATIONS
For the purposes of applying the provisions of this Annex, the term ‘licence’ shall be equivalent to ‘fishing authorisation’,
as defined in European Union legislation.
1. Condition for obtaining a fishing authorisation — Eligible vessels
The fishing authorisations referred to in Article 6 of the Agreement shall be issued on the condition that the vessel is
included in the EU register of fishing vessels and that all previous obligations of the vessel owner, the master, or the
vessel itself arising from their fishing activities in Gabon under the Agreement have been met. Each vessel wishing to
fish under this Protocol must also be included in the ICCAT record of vessels.
2. Licence applications
The EU shall submit to Gabon a licence application for any vessel wishing to fish under the Agreement at least 15
days before the start of the period of validity requested using the form attached to this Annex as Appendix 1. For each
initial licence application on the basis of the Protocol in force, or following a technical change to the vessel concerned,
the application shall be accompanied by:

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(i) proof of payment of the flat-rate fee for the period of validity of the licence requested;
(ii) the name and address of the local consignee for the vessel, where there is one;
(iii) a recent colour photograph of the vessel, showing a lateral view, and at least 15 cm x 10 cm in size;
(iv) the coordinates of the VMS transponder and any other document specifically required under the Agreement.
For the renewal of a licence under the Protocol in force for a vessel whose technical specifications have not been
modified, the renewal application shall be accompanied only by proof of payment of the fee.
3. Flat-rate and national fee
1. The flat-rate fee shall include all national and local charges except for port taxes and service charges.
2. Annual flat-rate fees payable by vessel owners shall be as follows for tuna seiners and pole-and-line tuna vessels:
— For the first year of application of the Protocol: EUR 55 per tonne caught within Gabonese waters
— For the second and third years: EUR 65 per tonne fished
3. Licences shall be issued once a national fee for the following flat-rate amount has been paid to the competent
national authorities:
— EUR 13 750 per year for tuna seiners and pole-and-line tuna vessels, for the duration of the Protocol.
4. Provisional list of vessels requesting a licence
Once it has received the licence applications, Gabon shall immediately draw up, for each category of vessel, the
provisional list of applicant vessels. This list shall be sent without delay to the national body responsible for super
vising fishing, and to the EU.
The EU shall forward the provisional list to the vessel owner or to the consignee. If the EU offices are closed, Gabon
may send the provisional list directly to the vessel owner or their consignee with a copy to the EU.
5. Issuing of the licence
Gabon shall issue the licence to vessel owners within 15 days of receiving the full application file.
Where a licence is renewed during the period in which the Protocol applies, the new licence must contain a clear
reference to the initial licence.
The EU shall forward the licence to the vessel owner or to the consignee. If the EU offices are closed, Gabon may send
the licence directly to the vessel owner or their consignee with a copy to the EU.
6. List of vessels authorised to fish
Once the licence is issued, Gabon shall draw up immediately for each category of vessel the final list of vessels which
are authorised to fish in the Gabonese zone. This list shall be sent immediately to the national body responsible for
monitoring fishing and to the EU and shall replace the provisional list referred to above.
7. Period of validity of the licence
Fishing authorisations shall be valid for one year and be renewable.
In order to establish the start of the period of validity, ‘annual period’ shall mean:
(i) for the first year of application of the Protocol, the period between the date of its entry into force and 31
December of the same year;
(ii) then, each complete calendar year;
(iii) for the last year of application of the Protocol, the period between 1 January and the date of expiry of the
Protocol;
(iv) for the first and last years of the Protocol, the national fee shall be calculated pro rata temporis.
Licences shall be issued for a specific vessel and shall not be transferable.
However, where force majeure is proven, e.g. in the event of the loss or prolonged immobilisation of a vessel due to a
serious technical failure, and at the request of the EU, the licence shall be replaced by a new authorisation for another
vessel of the same fishing category as the vessel being replaced, as referred to in Article 1 of the Protocol, with no
further fee due. In this case, the calculation of the catch levels to determine whether an additional payment should be
made shall take account of the sum of the total catches of the two vessels.

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The transfer shall involve the licence to be replaced being returned by the vessel owner or their consignee in Gabon,
and Gabon drawing up the replacement authorisation as soon as possible. The replacement authorisation shall be
issued as soon as possible to the vessel owner or their consignee when the authorisation to be replaced is returned.
The replacement authorisation shall take effect on the day on which the authorisation to be replaced is returned.
8. Keeping a licence on board
The licence, or failing that, a copy valid for 45 days after the issue date, must be kept on board at all times.
However, vessels shall be authorised to fish as soon as they are included on the provisional list referred to in point 4.
Vessels must keep a copy of the provisional list on board at all times until their licence is issued.
Gabon shall update the list of vessels authorised to fish as soon as possible. The new list shall be sent without delay to
the national body responsible for supervising fishing, and to the EU.
CHAPTER III
TECHNICAL MEASURES
Technical measures applicable to the vessels holding a licence, relating to the zone, fishing gear and additional catch, shall
be defined for each fishing category in the technical sheets contained in Appendix 2 to this Annex.
The vessels shall comply with all the recommendations adopted by ICCAT (International Commission for the Conser
vation of Atlantic Tunas) and the provisions under the relevant Gabonese legislation.
During fishing operations in the Gabonese fishing zone, and with the exception of natural drifting fish aggregating devices
(FADs), the use of fishing supports which change the behaviour of highly migratory species and encourage in particular
their concentration near to or beneath the fishing support, shall be limited to so-called green artificial drifting FADs,
designed, built and used in a way which helps to avoid cetaceans, sharks or turtles being caught accidentally by the
support. These supports must be made from biodegradable materials. The deployment and use of such artificial drifting
FADs shall be subject to the adoption by the European Union of a management plan in line with the provisions adopted
by ICCAT.
CHAPTER IV
CATCH REPORTING
1. Fishing log
The master of an EU vessel fishing under the Agreement shall keep a fishing logbook in French, for which the model
for each category of fishing is included in Appendix 3 to this Annex.
The fishing logbook shall be completed by the master for each day the vessel is present in the Gabonese fishing zone.
Each day the master shall record in the fishing logbook the quantity of each species, identified by its FAO alpha 3
code, caught and kept on board, expressed in kilograms of live weight or, where necessary, the number of individual
fish. For each main species, the master shall also include the bad catch.
Where applicable, the master shall also record each day in the fishing logbook the quantities of each species thrown
back into the sea, expressed in kilograms of live weight or, where necessary, the number of individual fish.
The fishing logbook shall be filled in legibly, in block capitals, and signed by the master.
The master shall be responsible for the accuracy of the data recorded in the fishing logbook.
2. Catch reporting
The master shall notify the vessel’s catch by submitting to Gabon its fishing logbooks for the period of its presence in
the Gabonese fishing zone.
The fishing logbooks shall be transmitted in one of the following ways:
(i) when passing through a Gabonese port, the original of each fishing logbook shall be submitted to the local
representative of Gabon, who shall confirm receipt thereof in writing;
(ii) when leaving the Gabonese fishing zone without first passing through a Gabonese port, the original of each fishing
logbook shall be sent within a period of 14 days after arrival in any other port, and in any case within a period of
30 days after leaving the Gabonese zone.
(a) by letter sent to Gabon,
(b) or by fax, to the number given by Gabon,
(c) or by e-mail.

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The two Parties shall make every effort to establish a system for reporting catches based on the electronic exchange of
all the data, in view of accelerating its transmission.
As soon as it is possible for catch declarations to be sent by e-mail, the master shall send the fishing logbooks to
Gabon at the e-mail address given by Gabon. Gabon shall confirm receipt thereof immediately by return e-mail.
The master shall send a copy of all the fishing logbooks to the EU Delegation to Gabon. For tuna seiners and pole-
and-line tuna vessels, the master shall also send a copy of all the fishing logbooks to the Gabonese Institut de
Recherche Agricole et Forestière (Institute of Agricultural and Forestry Research – IRAF) and one of the following
scientific institutes:
(i) IRD (Institut de recherche pour le développement)
(ii) IEO (Instituto Espaol de Oceanografia),
(iii) IPMA (Instituto Português do Mar e da Atmosfèra),
The return of the vessel into the Gabonese zone within the period of validity of its licence shall give rise to further
catch reporting.
Where the provisions concerning catch reporting are not complied with, Gabon may suspend the licence of the vessel
concerned until the missing catch report is obtained and penalise the vessel owner in accordance with the relevant
provisions under the national legislation in force. If the offence is repeated, Gabon may refuse to renew the licence.
Gabon shall inform the EU immediately of any penalty applied in this context.
3. Transition to an electronic system
The two Parties indicate their shared willingness to ensure a transition to an electronic system for declaring catches
based on the technical characteristics laid down in Appendix 6. The parties agree to determine together the trans
mission arrangements with the aim of the system becoming operational as soon as possible. Gabon shall inform the
EU as soon as the conditions for this transition have been met. From the date this information is sent, the two Parties
shall agree to have the system fully operational within two months.
4. Final statement of fees for the tuna seiners and pole-and-line tuna vessels
Until the electronic system provided for under point 3 is in place, the EU shall draw up for each tuna seiner and pole-
and-line tuna vessel, on the basis of its catch reporting confirmed by the above scientific institutes, a final statement of
the fees owed by the vessel in respect of its annual season for the previous calendar year.
The EU shall send this final statement to Gabon and to the vessel owner before 31 July of the year in progress.
From the date the electronic system provided for under point 3 is actually in place, the EU shall draw up for each tuna
seiner and pole-and-line tuna vessel, on the basis of the logbooks archived at the fisheries monitoring centre (FMC) of
the flag State, a final statement of the fees owed by the vessel in respect of its annual season for the previous calendar
year.
The EU shall send this final statement to Gabon and to the vessel owner before 31 March of the year in progress.
In both cases and within 30 days of being sent, Gabon may contest the final statement, on the basis of documentary
proof. In the case of disagreement, the Parties shall consult each other in the Joint Committee. If Gabon does not
object within 30 days, the final statement shall be considered to be adopted.
On the date the final catch statement is sent to Gabon, the EU shall transmit a summary of the data on the catch and
effort of EU vessels in respect of their fishing activity on FADs in the Gabonese fishing zone, in accordance with the
measures and requirements adopted by ICCAT, particularly in Recommendation 11-01.
CHAPTER V
LANDINGS
1. Landing procedure
The master of an EU vessel wishing to land catch from the Gabonese zone in a Gabonese port must notify Gabon, at
least 24 hours before landing, of the following:
(a) the name of the fishing vessel which is to land,
(b) the port of landing,
(c) the planned date and time of the landing,
(d) the quantity (expressed in kilograms of live weight or, if necessary, the number of individual fish) of each species
to be landed (identified by its FAO alpha 3 code).

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Vessels must land in Gabonese ports all their by-catch caught in the Gabonese fishing zone.
The landing operation must be carried out in the waters of a Gabonese port authorised for this purpose. Transhipment
is prohibited.
Non-compliance with these provisions shall lead to the application of the relevant penalties provided for under
Gabonese legislation.
2. Landing incentive
(a) Tuna seiners
Once the port structures and tuna processing facilities are operational in Gabon, vessel owners shall undertake to
land a minimum of 30 % of the catch from Gabonese waters, taking into account the actual needs of the
production unit. When landing, tuna-fishing vessels shall also land 100 % of the by-catch kept on board, in
order to supply the local market. These landings in Gabon must be able to benefit from the market price. Should
the production unit be undersupplied, the Parties shall convene the Joint Committee in order to find a solution.
(b) Pole-and-line vessels
Vessel owners shall undertake to land 100 % of the catch from Gabonese waters in order to supply the local
market.
(c) The provisions referred to in paragraph 2(a) shall apply subject to notification from the Gabonese Party that the
relevant infrastructure is in fact operational, and following examination by the Joint Committee.
CHAPTER VI
CHECKS
1. Entering and leaving the zone
Gabon must be notified of any EU vessel holding a licence which enters or exits the Gabonese fishing zone 6 hours
before the entry or exit.
When notifying its entry or exit, the vessel shall notify in particular:
(i) the date, time and point of passage scheduled;
(ii) the quantity of each species held on board, identified by its FAO alpha 3 code and expressed in kilograms of live
weight or, if necessary, the number of individual fish;
(iii) the product presentation.
Notification shall be given preferably by e-mail or, failing that, by fax or radio, to an e-mail address, a telephone
number or a frequency communicated by Gabon. Gabon shall confirm receipt thereof immediately by return e-mail.
Gabon shall immediately inform the vessels concerned and the EU of any change to the e-mail address, telephone
number or transmission frequency.
Any vessel found to be fishing in the Gabonese zone without having previously notified its presence shall be
considered to be a vessel fishing illegally.
2. Inspection at sea
Inspection at sea in the Gabonese zone of EU vessels holding a licence shall be carried out by vessels and inspectors
from Gabon who are clearly identified as being assigned to carry out fishing checks.
Before going on board, the Gabonese inspectors shall warn the EU vessel of their decision to carry out an inspection.
The inspection shall be carried out by a maximum of two inspectors, who must provide proof of their identity and
official position as an inspector before carrying out the inspection.
The Gabonese inspectors shall only stay on board the EU vessel for the time necessary to carry out tasks linked to the
inspection. They shall carry out the inspection in a way which minimises the impact on the vessel, its fishing activity
and cargo.
Gabon may authorise the EU to participate in the inspection at sea as an observer.
The master of the EU vessel shall allow the Gabonese inspectors to come on board and carry out their work.
At the end of each inspection, the Gabonese inspectors shall draw up an inspection report. The master of the EU
vessel shall have the right to include his comments in the inspection report. The inspection report shall be signed by
the inspector drawing up the report and the master of the EU vessel.

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The signature of the inspection report by the master shall be without prejudice to the vessel owner’s right of defence
in respect of an infringement. If the master refuses to sign this document, he or she shall specify the reasons for doing
so in writing and the inspector shall write ‘refusal to sign’ on it. The Gabonese inspectors shall give a copy of the
inspection report to the master of the EU vessel before leaving the vessel. Gabon shall send a copy of the inspection
report to the EU within 8 days of the inspection.
3. Inspection in port
The inspection in port of EU vessels which land catch from the Gabonese zone in the waters of a Gabonese port shall
be carried out by designated inspectors from Gabon.
The inspection shall be carried out by a maximum of two inspectors, who must provide proof of their identity and
official position as an inspector before carrying out the inspection. The Gabonese inspectors shall only stay on board
the EU vessel for the time necessary to carry out the tasks related to the inspection and shall conduct the inspection in
a way which minimises the impact on the vessel, landing operation and cargo.
Gabon may authorise the EU to participate in the inspection in port as an observer.
The master of the EU vessel shall allow the Gabonese inspectors to carry out their work.
At the end of each inspection, the Gabonese inspector shall draw up an inspection report. The master of the EU vessel
shall have the right to include his comments in the inspection report. The inspection report shall be signed by the
inspector drawing up the report and the master of the EU vessel.
The signature of the inspection report by the master shall be without prejudice to the vessel owner’s right of defence
in respect of an infringement. If the master refuses to sign this document, he or she shall specify the reasons for doing
so in writing and the inspector shall write ‘refusal to sign’ on it.
The Gabonese inspectors shall give a copy of the inspection report to the master of the EU vessel at the end of the
inspection. Gabon shall send a copy of the inspection report to the EU within 8 days of the inspection.
4. Participatory monitoring in the fight against IUU fishing
In order to strengthen monitoring of fishing on the high seas and the fight against IUU fishing, European Union
fishing vessels shall report the presence of any vessels in the Gabonese fishing zone which are not on the list of vessels
authorised to fish in Gabon.
Where the master of an EU fishing vessel witnesses a fishing vessel engaged in activities which may constitute IUU
fishing, he or she may seek as much information as possible about what has been sighted. Sighting reports shall be
sent without delay to the competent authority of the Member State of the sighting vessel, which shall immediately
transmit them to the European Commission or to the body designated by it. The European Commission shall provide
Gabon with this information.
Gabon shall send the EU any sighting reports it has on fishing vessels engaged in activities which may constitute IUU
fishing in the Gabonese fishing zone.
CHAPTER VII
SATELLITE-BASED VESSEL MONITORING SYSTEM (VMS)
1. Vessel position messages — VMS system
Whilst they are in the Gabonese zone, EU vessels holding a licence must be equipped with a satellite monitoring
system (Vessel Monitoring System – VMS) to enable automatic and continuous communication of their position, at all
times, to the fishing control centre (Fisheries Monitoring Centre – FMC) of their flag State.
Each position message must contain:
(a) the vessel identification;
(b) the most recent geographical position of the vessel (longitude, latitude), with a position error of less than 500
metres, and with a confidence interval of 99 %;
(c) the date and time the position is recorded;
(d) the speed and the course of the vessel.
Each position message must be configured in accordance with the format included in Appendix 4 to this Annex.
The first position recorded after entry into the Gabonese zone shall be identified by the code ‘ENT’. All subsequent
positions shall be identified by the code ‘POS’, with the exception of the first position recorded after exit from the
Gabonese zone, which shall be identified by the code ‘EXI’.
The CSP of the flag State shall ensure the automatic processing and, if necessary, the electronic transmission of the
position messages. The position messages shall be recorded in a secure manner and kept for a period of three years.

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2. Transmission by the vessel in the event of breakdown of the VMS
The master shall ensure at all times that the VMS of his vessel is fully operational and that the position messages are
correctly transmitted to the FMC of the flag State.
In the event of breakdown, the VMS of the vessel shall be repaired or replaced within 10 days. After that period, the
vessel shall no longer be authorised to fish in the Gabonese zone.
Vessels fishing in the Gabonese zone with a defective VMS must communicate their position messages by e-mail, radio
or fax to the FMC of the flag State, at least every four hours, and must provide all the compulsory information.
3. Secure communication of the position messages to Gabon
The FMC of the flag State shall automatically send the position messages of the vessels concerned to the FMC of
Gabon. The FMCs of the flag State and Gabon shall exchange their contact e-mail addresses and inform each other
without delay of any change to those addresses.
The transmission of position messages between the FMCs of the flag State and Gabon shall be carried out elec
tronically using a secure communication system.
The FMC of Gabon shall inform the FMC of the flag State and the EU of any interruption in the reception of
consecutive position messages from a vessel holding a licence, where the vessel concerned has not notified its exit
from the zone.
4. Malfunction of the communication system
Gabon shall ensure the compatibility of its electronic equipment with that of the FMC of the flag State and inform the
EU immediately of any malfunction as regards the communication and reception of position messages with a view to
finding a technical solution as soon as possible. The Joint Committee shall deal with any possible dispute arising.
The master shall be considered responsible for any proven tampering with a vessel’s VMS aimed at disturbing its
operation or falsifying its position messages. Any infringements shall be subject to the penalties provided for by the
Gabonese legislation in force.
5. Revision of the frequency of position messages
On the basis of documentary evidence proving an infringement, Gabon may ask the FMC of the flag State, copying in
the EU, to reduce the interval for sending position messages from a vessel to every thirty minutes for a set period of
investigation. This documentary evidence must be sent without delay by Gabon to the FMC of the flag State and the
EU. The FMC of the flag State shall immediately send the position messages to Gabon at the new frequency.
At the end of the set investigation period, Gabon shall immediately inform the FMC of the flag State and the EU and
subsequently inform them of any follow-up.
CHAPTER VIII
INFRINGEMENTS
1. Handling of infringements
Any infringement committed by an EU vessel holding a licence in accordance with the provisions of this Annex must
be referred to in an inspection report. That report shall be sent to the EU and the flag State as soon as possible.
The signature of the inspection report by the master shall be without prejudice to the vessel owner’s right of defence
in respect of an infringement. The master of the vessel shall cooperate while the inspection procedure is being carried
out.
2. Detention of a vessel — Information meeting
Where permitted under the Gabonese legislation in force regarding the infringement, any EU vessel having committed
an infringement may be forced to cease its fishing activity and, where the vessel is at sea, to return to a Gabonese port.
Gabon shall notify the EU within 24 hours of any detention of an EU vessel holding a licence. That notification shall
be accompanied by documentary evidence of the infringement.
Before taking any measure against the vessel, the master, the crew or the cargo, with the exception of measures aimed
at protecting evidence, Gabon shall organise, at the request of the EU, within one working day of notification of the
detention of the vessel, an information meeting to clarify the facts which have led to the vessel being detained and to
explain what further action may be taken. A representative of the flag State of the vessel may attend that information
meeting.
3. Penalties for infringements — Compromise procedure
The penalty for the infringement shall be set by Gabon according to the provisions of the national legislation in force.

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Where settling the infringement involves legal proceedings, before these are launched, and provided that the
infringement does not involve a criminal act, a compromise procedure shall be undertaken between Gabon and
the EU in order to determine the terms and level of the penalty. A representative of the flag State of the vessel
and of the EU may participate in that compromise procedure. The compromise procedure shall finish at the latest 3
days after the notification of the detention of the vessel.
4. Legal proceedings — Bank security
If the compromise procedure fails and the infringement is brought before the competent court, the owner of the vessel
which committed the infringement shall deposit a bank security at a bank designated by Gabon, the amount of which,
as set by Gabon, shall cover the costs linked to the detention of the vessel, the estimated fine and any compensation.
The bank security may not be recovered until the legal proceedings have been concluded.
The bank security shall be released and returned to the vessel owner without delay after the judgment has been
delivered:
(a) in full, if no penalty has been imposed;
(b) for the amount of the remaining balance, if the penalty is a fine which is lower than the amount of the bank
security.
Gabon shall inform the EU of the outcome of the legal proceedings within 8 days of the judgment being delivered.
5. Release of the vessel and the crew
The vessel and its crew shall be authorised to leave the port once the penalty has been paid in a compromise
procedure, or once the bank security has been deposited.
CHAPTER IX
SIGNING-ON OF SEAMEN
1. Owners of tuna seiners and pole-and-line tuna vessels shall employ ACP nationals, subject to the following conditions
and limits:
— for the fleet of tuna seiners, at least 20 % of the seamen signed on during the tuna-fishing season in the fishing
zone of third countries shall be of ACP origin;
— for the fleet of pole-and-line tuna vessels, at least 20 % of the seamen signed on during the tuna-fishing season in
the fishing zone of third countries shall be of ACP origin.
2. Vessel owners shall endeavour to sign on Gabonese seamen.
3. The International Labour Organisation (ILO) Declaration on Fundamental Principles and Rights at Work shall apply as
of right to seamen signed on by EU vessels. This concerns in particular the freedom of association and the effective
recognition of the right to collective bargaining, and the elimination of discrimination in respect of employment and
occupation.
4. The employment contracts of seamen from the ACP countries shall be drawn up between the vessel owners’
representative(s) and the seamen and/or their trade unions or representatives. A copy shall be given to the signatories.
These contracts shall guarantee the seamen the social security cover applicable to them, including life assurance and
sickness and accident insurance.
5. The wages of the seamen from the ACP countries shall be paid by the vessel owners. They shall be fixed, before
licences are issued, by mutual agreement among the vessel owners or their representatives. However, the wage
conditions granted to local seamen shall not be lower than those applied to Gabonese crews and shall under no
circumstances be below ILO standards.
6. All seamen employed aboard EU vessels shall report to the master of the vessel designated on the day before their
proposed embarkation date. Where a seaman fails to report at the date and time agreed for embarkation, vessel owners
shall be automatically absolved of their obligation to take the seaman on board.
CHAPTER X
OBSERVERS
1. Observation of fishing activities
Vessels holding a licence shall be subject to a scheme for observing their fishing activities carried out within the
framework of the Agreement.
This observation scheme shall conform to the provisions provided for in the recommendations adopted by ICCAT
(International Commission for the Conservation of Atlantic Tunas).
2. Designated vessels and observers
Gabon shall designate the EU vessels which must allow an observer to embark and the observer assigned to them at
the latest 15 days before the date provided for the embarkation of the observer. EU vessels shall, at the request of the
Gabonese authorities, take on board one observer in order to reach the cover rate of 25 % of licensed vessels.

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When the licence is issued, Gabon shall inform the EU and the vessel owner, or his consignee, of the designated
vessels and observers and the times at which the observer will be present on board each vessel. Gabon shall
immediately inform the EU and the vessel owner or his consignee of any change in the designated vessels and
observers.
Gabon shall endeavour not to designate observers for vessels which already have an observer on board, or which are
already formally obliged to allow an observer to embark during the fishing season in question as part of their activities
in fishing zones other than the Gabonese zone.
The observers shall not spend more time on board the vessel than is necessary to carry out their duties.
3. Flat-rate financial contribution
At the time the annual flat-rate fee is paid, the vessel owner shall also pay Gabon a flat-rate sum of EUR 200 per year
for each vessel.
4. Observer’s salary
The salary and social contributions of the observer shall be borne by Gabon.
5. Embarkation conditions
The embarkation conditions for the observer, in particular the duration of presence on board, shall be defined by
mutual agreement between the vessel owner or his consignee and Gabon.
Observers shall be treated on board as officers. However, receiving the observer on board shall take into account the
technical structure of the vessel.
The vessel owner shall bear the costs of providing accommodation and food for the observer on board.
The master shall take all the measures for which he is responsible to guarantee the physical safety and general
wellbeing of the observer.
Observers shall be offered every facility needed to carry out their duties. They shall have access to means of
communication and to documents relating to the fishing activities of the vessel, in particular the fishing logbook
and navigation log, and the parts of the vessel directly linked to their duties.
6. Observer’s obligations
Whilst they are on board observers shall:
(a) take all appropriate measures so as not to interrupt or hinder fishing operations;
(b) respect on-board property and equipment;
(c) respect the confidential nature of any document belonging to the vessel.
7. Embarkation and landing of observers
The observer shall embark in a port chosen by the vessel owner.
The vessel owner or his representative shall notify Gabon, with a notice period of 10 days before the embarkation, of
the date, time and port of embarkation of the observer. If the observer is embarked in a foreign country, their travel
costs to the port of embarkation shall be borne by the vessel owner.
If the observer does not arrive to embark within 12 hours of the date and time set, the vessel owner shall be
automatically discharged from his obligation to allow the observer to embark. The vessel shall be free to leave the port
and start fishing operations.
Where the observer is not disembarked in a Gabonese port, the vessel owner shall bear the costs of repatriation of the
observer to Gabon as soon as possible.
8. Observer’s obligations
The observer shall carry out the following duties:
(a) observe the fishing activities of the vessel;
(b) verify the position of the vessel during fisheries operations;
(c) perform biological sampling in the context of a scientific programme;
(d) note the fishing gear used;
(e) verify the catch data for the Gabonese zone recorded in the logbook;
(f) verify the percentages of by-catch and estimate the discarded catch;
(g) communicate observations by radio, fax or e-mail at least once a week while the vessel is fishing in the Gabonese
zone, including the quantity of catch and by-catch on board.

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9. Observer’s report
Before leaving the vessel, the observer shall submit a report of his observations to the captain of the vessel. The master
of the vessel shall have the right to make comments in the observer’s report. The report shall be signed by the
observer and the master. The master shall receive a copy of the observer’s report.
The observer shall send his report to Gabon, which shall send a copy of it to the EU within 8 days of the observer’s
disembarkation.
Appendices to this Annex
1. Appendix 1 – Licence application form
2. Appendix 2 – Technical sheet
3. Appendix 3 – Fishing logbook
4. Appendix 4 – Format of VMS position message
5. Appendix 5 – Limits of the Gabonese fishing zone
6. Appendix 6 – Electronic reporting of fishing operations

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Appendix 1
GABON — EUROPEAN UNION FISHING AGREEMENT
FISHING LICENCE APPLICATION FORM

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Appendix 2
TECHNICAL SHEET
Fishing zone:
Beyond 12 nautical miles from the baseline, excluding zones closed to shipping and fishing provided for under
Appendix 5.
Authorised categories:
Tuna seiners
Pole-and-line tuna vessels
By-catch:
Compliance with ICCAT and FAO recommendations.
Fees and tonnage:
Fee per tonne caught Tuna
seiners
and
pole-and-line
vessels
— 1st year: EUR 55 per tonne
— 2nd and 3rd years: EUR 65 per tonne
Annual national fee: Tuna
seiners
and
pole-and-line
vessels
EUR 13 750 per year, for the duration of the Protocol
Number of vessels authorised to fish 27
tuna
seiners
8 pole-and-line vessels
Other:
Observers on 25 % of vessels authorised to fish – flat-rate financial contribution: EUR 200 per vessel per year.
Seamen: 20 % of seamen signed on are ACP nationals.

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Appendix 3
Fishing logbook

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Appendix 4
COMMUNICATION OF VMS MESSAGES TO GABON
POSITION REPORT
Data Element Code
Mandatory or
optional
Remarks
Start record SR
M System
detail
indicating
start
of
record
Addressee AD
M Message
detail
–
Addressee
Alpha-3
country
code
(ISO-3166)
From FR
M Message
detail
–
Sender
Alpha-3
country
code
(ISO-3166)
Flag State FS
M Message
detail
–
Flag
State
Alpha-3
code
(ISO-3166)
Type of message TM
M
Message detail – Message type (ENT, POS, EXI)
Radio call sign (IRCS) RC
M
Vessel detail – Vessel international radio call sign (IRCS)
Contracting Party internal
IR
O Vessel
detail
–
Unique
contracting
party
number
Alpha-3
reference number
code (ISO-3166) followed by number
External registration number XR
M Vessel
detail
–
Number
on
side
of
vessel
(ISO
8859.1)
Latitude LT
M Vessel
position
detail
–
Position
in
degrees
and
decimal
degrees N/S DD.ddd (WGS84)
Longitude LG
M Vessel
position
detail
–
Position
in
degrees
and
decimal
degrees E/W DD.ddd (WGS84)
Course CO
M Vessel
course
360°
scale
Speed SP
M Vessel
speed
in
tenths
of
knots
Date DA
M
Vessel position detail – Date of record of UTC position
(YYYYMMDD)
Time TI
M Vessel
position
detail
–
Time
of
record
of
UTC
position
(HHMM)
End record ER
M System
detail
indicating
end
of
record
Each data transmission is structured as follows:
(1) Characters used must comply with the ISO 8859.1 standard.
(2) A double slash (//) and the characters ‘SR’ indicate the start of a message.
(3) Each data element is identified by its code and separated from the other data elements by a double slash (//).
(4) A single slash (/) separates the field code and the data.
(5) The ‘ER’ code followed by a double slash (//) indicates the end of the message.
(6) The optional data elements must be inserted between the start and the end of the message.

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Appendix 5
LIMITS OF THE GABONESE FISHING ZONE
COORDINATES OF THE FISHING ZONE
The competent Gabonese authorities shall notify the competent EU services of the geographical coordinates of the
Gabonese baseline, Gabonese fishing zone and zones closed to shipping and fishing. The Gabonese authorities shall
also undertake to communicate any changes to those coordinates at least one month in advance.

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Appendix 6
(a) Guidelines for managing and implementing the electronic reporting system for fishing activities (ERS)
Reference: Annex to the Protocol to the EU/Gabon Fisheries Agreement
General provisions
(1) All EU fishing vessels must be equipped with an electronic system, hereinafter referred to as an ‘ERS’, capable of
recording and transmitting data concerning the vessel’s fishing activities, hereinafter referred to as ‘ERS data’, when
the vessel is operating in Gabonese waters.
(2) An EU vessel that is not equipped with an ERS, or whose ERS is not working, is not authorised to enter Gabonese
waters in order to engage in fishing activities.
(3) ERS data shall be transmitted in accordance with the procedures of the vessel’s flag State, i.e. they shall firstly be sent
to the Fisheries Monitoring Centre (hereinafter: FMC) of the flag State which will make them automatically available
to the Gabonese FMC.
(4) The flag State and Gabon shall ensure that their FMCs have the necessary IT equipment and software to auto
matically transmit ERS data in xml format, [available via http://ec.europa.eu/cfp/control/codes/index_en.htm] and
shall have a backup procedure in place capable of saving and storing ERS data in a format which will be computer-
readable for at least 3 years.
(5) Any change or update to this format shall be identified and dated and must be operational six months after its
introduction.
(6) ERS data must be transmitted using the electronic means of communication operated by the European Commission
on behalf of the EU, referred to as the DEH (Data Exchange Highway).
(7) The flag State and Gabon shall each designate an ERS correspondent who will act as the point of contact.
(a) ERS correspondents shall be designated for a minimum period of six months.
(b) The FMCs of the flag State and Gabon shall notify one another of the contact details (name, address, telephone
number, fax, e-mail address) of their ERS correspondent, before the supplier starts production of the ERS.
(c) Any changes to the contact details of the ERS correspondent must be notified immediately.
Producing and communicating ERS data
(8) EU fishing vessels must:
(a) communicate on a daily basis ERS data for each day spent in Gabonese waters;
(b) record the quantity of each species caught and kept on board as target species or by-catch, or discarded, for each
fishing operation;
(c) declare the bad catch of each species specified in the fishing authorisation issued by Gabon;
(d) identify each species by its FAO 3-alpha code;
(e) express quantities in kilograms of live weight or, where necessary, the number of individual fish;
(f) record by species in the ERS data the quantity transhipped and/or unloaded;
(g) record in the ERS data, every time Gabonese waters are entered (COE message) or exited (COX message), a
specific message containing the quantities held on board at the time of passing for each species specified in the
fishing authorisation issued by Gabon;
(h) transmit ERS data on a daily basis to the FMC of the flag State, according to the format referred to in paragraph
3 above, by 23:59 UTC at the latest.

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(9) The master is responsible for the accuracy of the ERS data recorded and sent.
(10) The FMC of the flag State shall send the ERS data automatically and without delay to the Gabonese FMC.
(11) The Gabonese FMC shall confirm that it has received the ERS data by means of a return message and shall handle all
ERS data confidentially.
Failure of the on-board ERS and/or transmission of ERS data between the vessel and the FMC of the flag State
(12) The flag State shall immediately inform the master and/or owner of a vessel flying its flag, or his representative, of
any technical failure of the ERS installed on board or breakdown in transmission of ERS data between the vessel and
the FMC of the flag State.
(13) The flag State shall inform Gabon of the failure detected and the corrective measures taken.
(14) In the event of a breakdown in the on-board ERS, the master and/or owner shall ensure the ERS is repaired or
replaced within 10 days. If the vessel makes a call at a port within those 10 days, it may only resume fishing activity
in Gabonese waters once its ERS is in perfect working order, unless Gabon authorises otherwise.
(15) Following a technical failure in its ERS, a fishing vessel may not leave port until:
(a) its ERS is in working order once again, to the satisfaction of the flag State and Gabon, or
(b) it receives authorisation from the flag State. In the latter case, the flag State shall inform Gabon of its decision
before the vessel leaves.
(16) Any EU vessels operating in Gabonese waters with a faulty ERS must transmit all ERS data on a daily basis and by
23:59 UTC at the latest to the FMC of the flag State by any other available means of electronic communication
accessible by the Gabonese FMC.
(17) ERS data which could not be made available to Gabon via the ERS owing to the failure referred to in paragraph 10
shall be transmitted by the FMC of the flag State to the Gabonese FMC by another mutually agreed form of
electronic communication. This alternative transmission shall be considered priority as it will not be possible to
comply with the transmission deadlines usually applicable.
(18) If the Gabonese FMC does not receive ERS data from a vessel for 3 consecutive days, Gabon may instruct a vessel to
immediately call at a port of Gabon’s choosing in order to investigate.
FMC failure – ERS data not received by Gabonese FMC
(19) In the event that ERS data is not received by an FMC, its ERS correspondent shall immediately inform the ERS
correspondent for the other FMC and, if necessary, work together in order to resolve the problem.
(20) Before the ERS becomes operational, the FMC of the flag State and the Gabonese FMC shall mutually agree on the
alternative means of electronic communication to be used in order to transmit ERS data in the event of an FMC
failure, and shall immediately inform one another of any changes thereto.
(21) If the Gabonese FMC reports that ERS data has not been received, the FMC of the flag State shall identify the causes
of the problem and take appropriate measures in order to resolve the problem. The FMC of the flag State shall
inform the Gabonese FMC and the EU of the outcome of the measures taken within 24 hours after recognising the
failure.
(22) If more than 24 hours is required in order to resolve the problem, the FMC of the flag State shall immediately
transmit the missing ERS data to the Gabonese FMC via one of the alternative means of electronic communication
referred to in point 17.
(23) Gabon shall inform its competent monitoring services (MCS) so that EU vessels are not considered by the Gabonese
FMC as being in violation of their obligations for not transmitting ERS data, owing to a failure in one of the FMCs.
FMC maintenance
(24) Planned maintenance of an FMC (maintenance programme) which may affect the exchange of ERS data must be
notified at least 72 hours in advance to the other FMC, indicating, where possible, the date and duration of the
maintenance work. Information about unplanned maintenance work shall be sent to the other FMC as soon as
possible.

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EN
20.9.2013 Official
Journal
of
the
European
Union L
250/23
(25) During the maintenance work, the provision of ERS data may be put on hold until the system is operational again.
The relevant ERS data shall be made available immediately after the maintenance work has been completed.
(26) If the maintenance work takes more than 24 hours, ERS data shall be sent to the other FMC using one of the
alternative means of electronic communication referred to in point 17.
(27) Gabon shall inform its competent monitoring services (MCS) so that EU vessels are not considered by the Gabonese
FMC as being in violation of their obligations for not transmitting ERS data, owing to the maintenance of an FMC.

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Document Outline

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