HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 136/4
EN
Official Journal of the European Union
24.5.2011
COUNCIL DECISION
of 24 February 2011
on the signing, on behalf of the Union, and provisional application of the Protocol setting out the
fishing opportunities and financial contribution provided for in the Fisheries Partnership Agreement
between the European Union and the Democratic Republic of So Tomé and Príncipe
(2011/296/EU)
THE COUNCIL OF THE EUROPEAN UNION,
(6) The
Protocol
should
therefore
be
signed
and
provi
sionally applied, pending the completion of the
Having regard to the Treaty on the Functioning of the European
procedures necessary for is conclusion,
Union, and in particular Article 43 in conjunction with
Article 218(5) thereof,
HAS ADOPTED THIS DECISION:
Having regard to the proposal from the European Commission,
Article 1
The signing of the Protocol setting out the fishing opportunities
Whereas:
and financial contribution provided for in the Fisheries Part
nership Agreement between the European Union and the
(1) On
23
July
2007,
the
Council
adopted
Regulation Democratic Republic of So Tomé and Príncipe (the ‘Protocol’)
(EC) No 894/2007 on the conclusion of a Fisheries Part
is hereby approved on behalf of the Union, subject to its
nership Agreement between the Democratic Republic of
conclusion.
So Tomé and Príncipe and the European Community ( 1 )
(the ‘Agreement’). A Protocol setting out the fishing
opportunities and the financial contribution provided
The text of the Protocol is attached to this Decision.
for by the Agreement ( 2 ) (the ‘former Protocol’) was
attached thereto. That former Protocol expired on
Article 2
31 May 2010.
The President of the Council is hereby authorised to designate
the person(s) empowered to sign the Protocol in order to bind
(2) The
Union
therefore
negotiated
a
new
Protocol
(the the European Union, subject to its conclusion.
‘Protocol’) setting out the fishing opportunities and the
financial contribution provided for by the Fisheries Part
Article 3
nership Agreement with the Democratic Republic of So
Tomé and Príncipe, providing Union vessels with fishing
The Protocol shall be applied provisionally from the date of its
opportunities in the waters over which the Democratic
signing, as provided for in Article 13 thereof, pending the
Republic of So Tomé and Príncipe has sovereignty or
completion of the procedures necessary for is conclusion ( 3 ).
jurisdiction in respect of fisheries.
Article 4
(3) As
a
result
of
those
negotiations,
the
Protocol
was
initialled on 15 July 2010.
This Decision shall enter into force on the day of its adoption.

(4) The
Protocol
should
be
applied
provisionally
from
the
date of its signing, as provided for in Article 13 thereof.
Done at Brussels, 24 February 2011.
(5) Given
that
the
old
Protocol
has
expired,
and
in
order
to
For the Council
guarantee a timely resumption of fishing activities by
Union vessels, it is essential that the new Protocol be
The President
applied as quickly as possible.
PINTR S.
( 1 ) OJ L 205, 7.8.2007, p. 35.
( 3 ) The date of signature of the Protocol will be published in the Official
( 2 ) OJ L 205, 7.8.2007, p. 40.
Journal by the General Secretariat of the Council.

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EN
24.5.2011 Official
Journal
of
the
European
Union L
136/5
PROTOCOL
setting out the fishing opportunities and financial contribution provided for in the Fisheries
Partnership Agreement between the European Union and the Democratic Republic of So Tomé
and Príncipe
Article 1
Union shall not be more than twice the amount indicated in
paragraph 2(a). Where the quantities caught by European Union
Period of application and fishing opportunities
vessels exceed the quantities corresponding to twice the total
1. For
a
period
of
three
years,
the
fishing
opportunities annual amount, the amount due for the quantity exceeding that
granted to European Union vessels under Article 5 of the
limit shall be paid the following year.
Fisheries Partnership Agreement shall be as follows:
Highly migratory species (species listed in Annex 1 to the 1982
6. Payment shall be made no later than sixty (60) days after
United Nations Convention on the Law of the Sea).
the entry into force of the Protocol, as specified in Article 14,
for the first year and no later than the anniversary date of this
Protocol for the following years.
— tuna seiners: 28 vessels,
7. The
So
Toméan
authorities
shall
have
full
discretion
— surface longliners: 12 vessels.
regarding the use to which the financial contribution referred
to in paragraph 2(a) is put.
2.
Paragraph 1 shall apply subject to Articles 5, 6, 8 and 9 of
this Protocol.
8. The
entire
financial
contribution
indicated
in
paragraph
1
of this Article shall be paid into a Public Treasury account
Article 2
opened with the National Bank of So Tomé and Príncipe.
Financial contribution — Methods of payment
1. For
the
period
referred
to
in
Article
1,
the
financial
contribution referred to in Article 7 of the Fisheries Partnership
Article 3
Agreement shall be EUR 2 047 500.
Promotion of responsible and sustainable fishing in So
Toméan waters
2. The
financial
contribution
comprises:
1. No
later
than
three
(3)
months
after
the
entry
into
force
of this Protocol, the Parties shall agree, within the Joint
Committee provided for in Article 9 of the Fisheries Partnership
(a) an annual amount for access to the EEZ of So Tomé and
Agreement, on a multiannual sectoral programme and detailed
Príncipe of EUR 455 000, equivalent to a reference tonnage
implementing rules, in particular:
of 7 000 tonnes per year; and
(b) a specific amount of EUR 227 500 per year to support the
(a) annual and multiannual guidelines for using the financial
implementation of the sectoral fisheries policy of So Tomé
contribution referred to in Article 2(2)(b);
and Príncipe.
3.
Paragraph 1 shall apply subject to Articles 3, 4, 5, 8 and 9
(b) the objectives, both annual and multiannual, to be achieved
of this Protocol and Articles 12 and 13 of the Fisheries Part
with a view to introducing, over time, responsible and
nership Agreement.
sustainable fishing, taking account of the priorities
expressed by So Tomé and Príncipe in its national
fisheries policy or other policies relating to or having an
4. The
European
Union
shall
pay
the
financial
contribution
impact on the introduction of responsible and sustainable
referred to in paragraph 1 at the rate of EUR 682 500 per year
fishing;
during the period of application of this Protocol, corresponding
to the total of the annual amounts referred to in paragraph 2(a)
and (b).
(c) criteria and procedures for evaluating the results obtained
each year.
5. If the overall quantity of catches by European Union
vessels in So Toméan waters exceeds 7 000 tonnes per year,
the total amount of the annual financial contribution shall be
2. Any
proposed
amendments
to
the
multiannual
sectoral
increased by EUR 65 for each additional tonne caught.
programme must be approved by both Parties within the
However, the total annual amount paid by the European
Joint Committee.

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L 136/6
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Official Journal of the European Union
24.5.2011
3. Each
year,
the
So
Toméan
authorities
may
decide
to
Article 6
allocate an additional amount over and above the share of
the financial contribution referred to in Article 2(2)(b) with a
New fishing opportunities
view to implementing the multiannual programme. This allo
1. Should
European
Union
vessels
be
interested
in
fishing
cation shall be communicated to the European Union no later
activities which are not indicated in Article 1, the Parties shall
than two (2) months before the anniversary date of this
consult each other before any authorisation is granted by the
Protocol.
So Toméan authorities. Where appropriate, the Parties shall
agree on the conditions applicable to these new fishing oppor
tunities and, if necessary, make amendments to this Protocol
4. Each
year,
the
two
Parties
shall
carry
out
an
evaluation
of and to the Annex hereto.
the progress made in implementing the multiannual sectoral
programme. Where this evaluation indicates that the objectives
financed directly by the part of the financial contribution
Article 7
referred to in Article 2(2)(b) of this Protocol have not been
satisfactorily achieved, the European Commission reserves the
Conditions governing fishing activities — Exclusivity
right to reduce that part of the financial contribution with a
clause
view to adjusting the amount allocated to the implementation
of the Programme in line with the results.
1. Without
prejudice
to
Article
6
of
the
Agreement,
fishing
vessels flying the flag of a Member State of the European Union
may fish in So Toméan waters only if they are in possession of
a fishing authorisation issued under this Protocol in accordance
Article 4
with the Annex hereto.
Scientific cooperation on responsible fishing
1. The two Parties hereby undertake to promote responsible
fishing in So Toméan waters based on the principle of non-
Article 8
discrimination between the different fleets operating in those
Suspension and review of the payment of the financial
waters.
contribution
1. The
financial
contribution,
as
referred
to
in
Article
2(2)(a)
2. During
the
period
covered
by
this
Protocol,
the
European and (b), may be revised or suspended if one or more of the
Union and So Tomé and Príncipe shall undertake to cooperate
following conditions apply:
to monitor the state of fishery resources in the So Toméan
fishing zone.
(a) unusual circumstances, as defined in Article 2(h) of the
Fisheries Partnership Agreement, prevent fishing activities
3. The
two
Parties
shall
comply
with
the
recommendations
in the So Toméan EEZ;
and resolutions of the International Commission for the Conser
vation of Atlantic Tunas (ICCAT) regarding the responsible
management of fisheries.
(b) following significant changes in the policy guidelines which
led to the conclusion of this Protocol, one of the two Parties
requests a review of the provisions with a view to a possible
4. In
accordance
with
Article
4
of
the
Fisheries
Partnership
amendment thereof;
Agreement, on the basis of the recommendations and
resolutions adopted within ICCAT and in the light of the best
scientific advice available, the Parties shall consult each other
within the Joint Committee provided for in Article 9 of the
(c) the European Union notes that there has been a violation by
Fisheries Partnership Agreement to take measures to ensure
the So Toméan authorities of the essential and fundamental
the sustainable management of the fishery resources covered
elements of human rights as provided for in Article 9 of the
by this Protocol and concerning the activities of European
Cotonou Agreement.
Union vessels.
2. The
European
Union
reserves
the
right
to
suspend,
Article 5
partially or totally, the payment of the specific financial
contribution provided for in Article 2(2)(b) of this Protocol:
Adjustment of fishing opportunities by mutual agreement
1. The
fishing
opportunities
referred
to
in
Article
1
may
be
adjusted by mutual agreement insofar as the recommendations
(a) if the results obtained are inconsistent with the
and resolutions adopted by ICCAT confirm that this adjustment
programming, following an evaluation carried out by the
guarantees the sustainable management of the fishery resources
Joint Committee;
covered by this Protocol. In this case, the financial contribution
referred to in Article 2(2)(a) shall be adjusted proportionately
and pro rata temporis. However, the total annual amount of the
financial contribution paid by the European Union shall not be
(b) in the event of failure to implement this financial
more than twice the amount referred to in Article 2(2)(a).
contribution.

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3. Payment
of
the
financial
contribution
shall
resume
after dispute. Where such a settlement is reached, application of the
consultation and agreement by the two Parties, as soon as the
Protocol shall resume and the amount of the financial
situation existing prior to the events mentioned in paragraph 1
contribution shall be reduced proportionately and pro rata
has been re-established and/or if the results of the financial
temporis according to the period during which application of
implementation referred to in paragraph 2 so warrant.
the Protocol was suspended.
Article 9
Article 10
Suspension of the implementation of the Protocol
National law
1. The
implementation
of
this
Protocol
may
be
suspended
at 1. The
activities
of
European
Union
fishing
vessels
operating
the initiative of one of the two Parties if one or more of the
in So Toméan waters shall be governed by the applicable law
following conditions apply:
in So Tomé and Príncipe, unless otherwise provided for in the
Fisheries Partnership Agreement, this Protocol and the Annex
and appendices hereto.
(a) unusual circumstances, as defined in Article 2(h) of the
Fisheries Partnership Agreement, prevent fishing activities
in the So Toméan EEZ;
2. The
So
Toméan
authorities
shall
inform
the
European
Commission of any change or any new legislation relating to
the fishing sector.
(b) following significant changes in the policy guidelines which
led to the conclusion of this Protocol, one of the two Parties
requests a review of the provisions with a view to a possible
3. The
European
Commission
shall
inform
the
So
Toméan
amendment thereof;
authorities of any change or any new legislation relating to the
fishing activities of the European Union distant-water fleet.
(c) one of the two Parties notes that there has been a violation
of the essential and fundamental elements of human rights
Article 11
as provided for in Article 9 of the Cotonou Agreement;
Duration
(d) there is a non-payment of the financial contribution
This Protocol and the Annex hereto shall apply for a period of
provided for in Article 2(2)(a) by the European Union, for
three years from their provisional application in accordance
reasons other than those provided for in Article 8 of this
with Articles 13 and 14, unless notice of termination is given
Protocol;
in accordance with Article 12.
(e) failure to embark observers from So Tomé and Príncipe on
Article 12
vessels covered by this Protocol in accordance with Chapter
Termination
V of the Annex;
1. In the event of termination of the Protocol, the Party
concerned shall notify the other Party in writing of its
(f) there is a dispute between the two Parties concerning the
intention to terminate the Protocol at least six (6) months
interpretation of this Protocol;
before the date on which such termination would take effect.
(g) one of the two Parties does not comply with the provisions
2. Dispatch of the notification, as referred to in the previous
of this Protocol and the Annex and appendices hereto.
paragraph, shall open consultations between the Parties.
2. Implementation of the Protocol may be suspended at the
Article 13
initiative of one Party if it has not been possible to settle the
dispute between the Parties in consultations held within the
Provisional application
Joint Committee.
This Protocol shall apply provisionally from the date of
signature.
3. Suspension of application of the Protocol shall require the
Party concerned to notify its intention in writing at least three
months before the date on which suspension is due to take
Article 14
effect.
Entry into force
1. This
Protocol
with
its
Annex
shall
enter
into
force
on
the
4. In the event of suspension, the Parties shall continue to
date on which the Parties notify each other of the completion of
consult with a view to finding an amicable settlement to their
the procedures necessary for that purpose.

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L 136/8
EN
Official Journal of the European Union
24.5.2011
ANNEX
CONDITIONS GOVERNING FISHING ACTIVITIES BY EUROPEAN UNION VESSELS IN SO TOM AND
PRNCIPE’S FISHING ZONE
CHAPTER I
APPLICATION AND ISSUE FORMALITIES FOR FISHING AUTHORISATIONS
SECTION 1
Issue of fishing authorisations
1. Only eligible vessels may obtain an authorisation (licence) to fish in So Tomé and Príncipe’s fishing zone.
2. For a vessel to be eligible, neither the owner, the skipper nor the vessel itself must be prohibited from fishing in So
Tomé and Príncipe. They must be in order vis-à-vis the So Toméan authorities insofar as they must have fulfilled all
prior obligations arising from their fishing activities in So Tomé and Príncipe under fisheries agreements concluded
with the European Union. Furthermore, they must comply with the provisions of Regulation (EC) No 1006/2008 ( 1 )
on fishing authorisations.
3. Any European Union vessel applying for a fishing authorisation must be represented by an agent resident in So
Tomé and Príncipe. The name and address of that representative shall be stated in the fishing authorisation
application.
4. The relevant European Union authorities shall submit (by electronic means) to the Ministry responsible for fisheries in
So Tomé and Príncipe an application for each vessel wishing to fish under the Fisheries Partnership Agreement at
least fifteen (15) working days before the date of commencement of the period of validity requested. Unless otherwise
agreed in the Joint Committee, the competent European Union authority for the purposes of applying this Annex is
the European Union Delegation to Gabon.
5. Applications shall be submitted to the Ministry responsible for fisheries on a form drawn up in accordance with the
specimen in Appendix 1. The So Toméan authorities shall take all the necessary steps to ensure that the data
received as part of the application for a fishing authorisation are treated as confidential. These data shall be used
exclusively in the context of the implementation of the Fisheries Partnership Agreement.
6. All fishing authorisation applications shall be accompanied by the following documents:
— proof of payment of the flat-rate advance for the period of validity of the authorisation,
— any other documents or certificates required under the specific rules applicable to the type of vessel concerned
pursuant to this Protocol.
7. The fee shall be paid into the account specified by the So Toméan authorities in accordance with Article 2(8) of the
Protocol.
8. The fees shall include all national and local charges, with the exception of port taxes and service charges.
9. Fishing authorisations for all vessels shall be issued to shipowners or their representatives via the European Union
Delegation to Gabon within 15 working days of receipt of all the documents referred to in point 6 by the Ministry
responsible for fisheries in So Tomé and Príncipe.
10. If a fishing authorisation is signed at a time when the European Union Delegation offices are closed, it shall be sent
directly to the vessel’s agent and a copy shall be sent to the Delegation.
11. Fishing authorisations shall be issued for a given vessel and shall not be transferable.
( 1 ) OJ L 286, 29.10.2008, p. 33.

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12. However, at the request of the European Union and where force majeure is proven, a vessel’s fishing authorisation shall
be replaced by a new fishing authorisation for another vessel of the same category as the first vessel, 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.
13. The owner of the first vessel, or his or her representative, shall return the cancelled fishing authorisation to the
Ministry responsible for fisheries in So Tomé and Príncipe via the European Union Delegation to Gabon.
14. The new fishing authorisation shall take effect on the day on which the cancelled fishing authorisation is returned to
the Ministry responsible for fisheries in So Tomé and Príncipe. The European Union Delegation to Gabon shall be
informed of the transfer of the fishing authorisation.
15. The fishing authorisation must be kept on board at all times.
SECTION 2
Fishing authorisation conditions — Fees and advance payments
1. Fishing authorisations shall be valid for a period of one year.
2. The fee for tuna seiners and surface longliners shall be set at EUR 35 per tonne caught within So Tomé and Príncipe’s
fishing zone.
3. Fishing authorisations shall be issued once the following standard fees have been paid to the competent national
authorities:
— EUR 6 125 per tuna seiner, equivalent to the fees due for 175 tonnes per year,
— EUR 2 275 per surface longliner, equivalent to the fees due for 65 tonnes per year.
4. The final statement of the fees due for year n shall be drawn up by the European Commission no later than sixty (60)
days after the anniversary date of the Protocol in year n + 1 on the basis of the catch declarations made by each
shipowner and confirmed by the scientific institutes responsible for verifying catch data in the Member States, such as
the IRD (Institut de recherche pour le développement), IEO (Instituto Espaol de Oceanografía) and IPIMAR (Instituto
Português de Investigao Marítima), via the European Union Delegation to Gabon.
5. This statement shall be sent simultaneously to the Ministry responsible for fisheries in So Tomé and Príncipe and to
the shipowners.
6. Any additional payments (for quantities caught in excess of 175 tonnes for tuna seiners and 65 tonnes for longliners)
shall be made by the shipowners to the competent So Toméan national authorities no later than three (3) months
after the anniversary date of the Protocol in the year n + 1, into the account referred to in point 7 of Section 1 of this
Chapter, on the basis of EUR 35 per tonne.
7. However, if the amount of the final statement is lower than the advance referred to in point 3 of this Section, the
resulting balance shall not be reimbursable to the shipowner.
CHAPTER II
FISHING ZONES
1. European Union vessels operating in So Toméan waters under this Protocol may carry out their fishing activities in
waters beyond 12 nautical miles from the base lines in the case of tuna seiners and surface longliners.
2. The coordinates of So Tomé and Príncipe’s Exclusive Economic Zone are given in Appendix 3.
3. Without exception, all fishing activity in the zone intended for joint exploitation by So Tomé and Príncipe and
Nigeria, delimited by the coordinates set out in Appendix 3, shall be prohibited.

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L 136/10
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Official Journal of the European Union
24.5.2011
CHAPTER III
MONITORING AND SURVEILLANCE
SECTION 1
System for recording catches
1. The skippers of all vessels operating in So Toméan waters under this Protocol shall be required to notify their catches
to the Ministry responsible for fisheries in So Tomé and Príncipe, so as to allow monitoring of the quantities caught,
which shall be validated by the competent scientific institutes in accordance with the procedure referred to in point 5
of Section 2 of Chapter I of this Annex. Catches shall be notified as follows:
1.1. EU vessels operating in So Toméan waters under this Protocol shall fill out the logbook (Appendix 2) on daily
basis for each trip in those waters. The logbook must still be filled in if there are no catches.
1.2. The skippers of the vessels shall send copies of the logbook to the Ministry responsible for fisheries in So Tomé
and Príncipe and to the scientific institutes specified in point 4 of Section 2 of Chapter I.
2. The words ‘Outside So Tomé and Príncipe’s EEZ’ shall be entered in the logbook in respect of periods during which
the vessel was not in So Toméan waters.
3. The forms shall be filled in legibly and signed by the skipper of the vessel or by his or her legal representative.
4. Where the provisions set out in this Chapter are not complied with, the Government of So Tomé and Príncipe shall
suspend the fishing authorisation of the offending vessel until formalities have been completed and impose on the
shipowner the penalty laid down in current So Toméan legislation. The European Commission and the flag Member
State shall immediately be informed thereof.
5. Declarations shall include the catches made by the vessel during each trip. They shall be transmitted to the Ministry
responsible for fisheries in So Tomé and Príncipe by electronic means, with a copy to the European Commission, at
the end of each trip and, in all cases, before the vessel leaves So Toméan waters. Electronic receipts shall be sent at
once to the vessel by both addressees, with a copy to the other.
6. The original of the declarations relating to the annual period of validity of the fishing authorisation, within the
meaning of point 1 of Section 2 of Chapter I of this Annex, shall be transmitted on a physical medium to the
Ministry responsible for fisheries in So Tomé and Príncipe within 45 days of the end of the last trip made during the
said period. Hard copies shall be sent to the European Commission at the same time.
7. The two Parties undertake to make every effort to establish and bring into operation a system for reporting catches
based exclusively on the electronic exchange of all data: the two Parties shall thus plan the rapid replacement of the
paper version of catch reporting with an electronic version.
8. Once the electronic catch reporting system has been set up and in the event of a technical fault in this system, catch
reports shall be made in accordance with points 5 and 6 above until the system is working again.
SECTION 2
Reporting of catches: entering and leaving So Toméan waters
1. For the purposes of this Annex, the duration of a trip by a European Union vessel operating in So Toméan waters
under this Protocol shall be defined as follows:
— the period elapsing between entering and leaving So Tomé and Príncipe’s fishing zone, or
— the period elapsing between entering So Tomé and Príncipe’s fishing zone and a transhipment in So Toméan
waters, or
— the period elapsing between entering So Toméan waters and a landing in So Tomé and Príncipe.

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2. European Union vessels operating in So Toméan waters under this Protocol shall notify the competent So Toméan
authorities, at least three (3) hours in advance, of their intention to enter or leave So Toméan waters.
3. When notifying entry into/exit from So Tomé and Príncipe’s EEZ, vessels shall, at the same time, also communicate
their position and the catch already held on board, without prejudice to Section 2. This information shall be
communicated by e-mail or fax to the addresses and in the format set out in Appendix 4. However, the
competent So Toméan authorities may waive this requirement for surface longliners that do not have the
technical communication equipment referred to above and may authorise them to transmit this information by
radio. The information should preferably be communicated by e-mail (dpescas1@cstome.net) or fax
(+ 239 2222828) or, failing that, by radio (call sign: 12,00 Hz from 8.00 to 10.00, and 8,634 Hz from 14.00 to
17.00).
4. Vessels found to be fishing without having informed the competent So Toméan authorities shall be regarded as
vessels without a fishing authorisation and shall be subject to the consequences provided for under national law.
5. Vessels shall also be informed of the e-mail address, fax and telephone numbers and radio coordinates when the
fishing authorisation is issued.
SECTION 3
Transhipments
1. All European Union vessels operating in So Toméan waters under this Protocol which tranship catches in So
Toméan waters shall do so off So Toméan ports.
1.1. The owners of such vessels must notify the following information to the competent So Toméan authorities at
least 24 hours in advance:
— the names of the transhipping fishing vessels,
— the names of the cargo vessels,
— the tonnage by species to be transhipped, indicating the catch zone,
— the day of transhipment,
— the beneficiary of the catches transhipped.
2. Transhipment is authorised only in the following areas: Ferno Dias, Neves and Ana Chaves.
3. Transhipment shall be considered as an exit from So Toméan waters. Vessels must submit their catch declarations to
the competent So Toméan authorities and state whether they intend to continue fishing or to leave So Toméan
waters.
4. Any transhipment of catches not covered above shall be prohibited in So Toméan waters. Any person infringing this
provision shall be liable to the penalties provided for by So Toméan law.
SECTION 4
Satellite monitoring
European Union vessels operating under this Protocol must be monitored, inter alia, by the satellite-based monitoring
system, without discrimination, in accordance with the following provisions.
1. For the purposes of satellite monitoring, the So Toméan authorities shall communicate the geographical positions of
the limits of the So Toméan fishing zone to the representatives or agents of the shipowners and to the Control
Centres of the flag States.
2. Using the model provided in Appendix 4, the Parties shall exchange information on https addresses and the
specifications for electronic data transmission between their Control Centres in accordance with points 4 and 6.
Such information shall include the following where they exist: names, telephone, telex and fax numbers and e-mail
addresses which may be used for general communications between Control Centres.

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3. The position of vessels shall be determined with a margin of error of less than 500 metres and a confidence interval
of 99 %.
4. When a European Union vessel which is operating in So Toméan waters under this Protocol and is the subject of
satellite monitoring pursuant to European Union legislation enters So Tomé and Príncipe’s fishing zone, the
subsequent position reports shall immediately be transmitted by the Control Centre of the flag State to So Tomé
and Príncipe’s Fisheries Monitoring Centre at intervals of no more than 2 hours. The messages concerned shall be
identified as position reports.
5. The messages referred to in point 4 shall be transmitted electronically in https format, without any further protocol.
They shall be communicated in real time in the format set out in the table in Appendix 4.
5.1. It is prohibited for vessels to turn off the satellite monitoring equipment when they are operating in So
Toméan waters.
6. Where the continuous satellite monitoring equipment installed on board a fishing vessel develops a technical fault or
breaks down, the skipper of the vessel shall transmit the information specified in point 4 to the Control Centre of the
flag State in good time. In such circumstances, it will be necessary to send a position report every 24 hours while the
vessel is in So Toméan waters.
6.1. This global position report shall include the hourly positions as recorded by the skipper of that vessel during
those 24 hours.
6.2. The Control Centre of the flag State or the vessel itself must forward these messages to So Tomé and Príncipe’s
Fisheries Monitoring Centre without delay.
6.3. In case of need or doubt, the competent So Toméan authorities may request additional information from the
Control Centre of the flag State about a particular vessel.
7. The defective equipment shall be repaired or replaced as soon as the vessel completes its fishing trip and, in any case,
within one month at the latest. After this deadline, the vessel in question may not undertake any further fishing trips
until the equipment has been repaired or replaced.
8. The satellite monitoring system’s software and hardware components shall be tamper-proof, i.e. they must not permit
the input or output of false positions or be capable of being manipulated. The system shall be fully automatic and
operational at all times regardless of environmental conditions. Destroying, damaging, rendering inoperative or
tampering with the satellite monitoring system shall be prohibited.
8.1. The skipper of the vessel must ensure in particular that:
— data are not altered in any way,
— the antenna or antennas connected to the satellite monitoring equipment are not obstructed in any way,
— the power supply of the satellite monitoring equipment is not interrupted in any way,
— the vessel tracking device is not removed from the vessel or from the place where it was originally installed,
— any replacement of the vessel tracking device shall immediately be notified to the competent So Toméan
authorities.
8.2. Any violation of the above-mentioned requirements may make the skipper and the shipowner liable under the
laws and regulations of So Tomé and Príncipe, provided that the vessel is operating in So Toméan waters.
9. The Control Centres of the flag States shall monitor the movements of their vessels in So Toméan waters. If the
vessels are not being monitored in accordance with the conditions laid down, So Tomé and Príncipe’s Fisheries
Monitoring Centre shall be informed immediately and the procedure laid down in point 6 shall apply.

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10. The Control Centres of the flag States and So Tomé and Príncipe’s Fisheries Monitoring Centre must cooperate to
ensure the implementation of these provisions. If So Tomé and Príncipe’s Fisheries Monitoring Centre establishes
that a flag State is not transmitting the data in accordance with point 4, the other Party must be informed
immediately. Upon receipt of notification, the latter must respond within 24 hours by informing So Tomé and
Príncipe’s Fisheries Monitoring Centre of the reasons for non-transmission and stating a reasonable deadline for
complying with these provisions. If these provisions are not complied with within the time limit set, the two Parties
shall resolve the dispute in writing or as provided for in point 14 below.
11. The monitoring data communicated to the other Party in accordance with these provisions shall be intended solely
for the purposes of the So Toméan authorities in controlling and monitoring the European Union fleet fishing under
the Fisheries Partnership Agreement. Such data may not, under any circumstances, be communicated to third parties.
12. The Parties agree to exchange, upon request, information on the equipment used for satellite monitoring, in order to
ensure that each piece of equipment is fully compatible with the requirements of the other Party for the purposes of
these provisions.
13. The Parties agree to review these provisions where appropriate, in particular in the event of a malfunction or
anomaly relating to the vessels. These cases should be notified by the competent So Toméan authority to the
flag State at least 15 days before the review meeting.
14. Any dispute over the interpretation or application of these provisions shall be the subject of consultation between the
Parties within the Joint Committee provided for in Article 9 of the Fisheries Partnership Agreement.
CHAPTER IV
EMBARKING SEAMEN
1. Owners of tuna vessels and surface longliners 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 the third country shall be of So Toméan or possibly ACP origin,
— for the fleet of surface longliners, at least 20 % of the seamen signed on during the fishing season in the fishing
zone of the third country shall be of So Toméan or possibly ACP origin.
2. Shipowners shall endeavour to sign on additional seamen of So Toméan origin.
3. Shipowners shall be free to select the seamen they take on board their vessels from the names on a list of able and
qualified seamen available from the So Toméan agents.
4. The shipowner or his or her representative shall inform the competent So Toméan authorities of the names of the
seamen taken on board the vessel concerned, mentioning their position in the crew.
5. The International Labour Organisation (ILO) Declaration on Fundamental Principles and Rights at Work shall apply
as of right to seamen signed on by European Union 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.
6. The employment contracts of So Toméan and ACP seamen, a copy of which shall be given to the Ministry of
Labour, the Ministry of Fisheries and the signatories of the contracts, shall be drawn up between the shipowners’
representative(s) and the seamen and/or their trade unions or representatives. These contracts shall guarantee the
seamen the social security cover applicable to them, in accordance with the applicable legislation, including life
assurance and sickness and accident insurance.
7. The wages of the seamen shall be paid by the shipowners. They shall be fixed by mutual agreement between the
shipowners or their representatives and the seamen and/or their trade unions or representatives. However, the wage
conditions granted to the seamen shall not be lower than those applied to crews from their respective countries and
shall, under no circumstances, be below ILO standards.

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8. All seamen employed aboard European Union vessels shall report to the skipper 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,
shipowners shall be automatically absolved of their obligation to take the seaman on board.
9. Where no So Toméan or ACP seamen are taken on board for reasons other than that referred to in the previous
point, shipowners shall be required to pay, for each day of the fishing trip in So Toméan waters, a flat-rate amount
of EUR 20 per day and per vessel. The payment of this amount shall take place within the time limits laid down in
point 4 of Section 2 of Chapter I of this Annex.
10. This sum shall be used for training ACP deep-sea fishermen and shall be paid into the account specified by the So
Toméan authorities.
CHAPTER V
OBSERVERS
1. European Union vessels operating in So Toméan waters under this Protocol shall take on board observers appointed
by the Ministry responsible for fisheries in So Tomé and Príncipe on the terms set out below:
1.1. At the request of the competent So Toméan authorities, European Union vessels shall take on board an
observer designated by the former to check catches made in So Toméan waters.
1.2. The competent So Toméan authority shall draw up a list of vessels designated to take an observer on board
and a list of the appointed observers. These lists shall be kept up to date. They shall be forwarded to the
European Commission as soon as they have been drawn up and every three months thereafter where they have
been updated.
1.3. The competent So Toméan authorities shall inform the shipowners concerned, or their representatives, of the
name of the observer appointed to be taken on board their vessel at the time the fishing authorisation is issued,
or no later than 15 days before the observer’s planned embarkation date.
2. The time spent on board by observers shall be one fishing trip. However, at the express request of the competent So
Toméan authorities, this embarkation may be spread over several trips, depending on the average trip duration for a
particular vessel. This request shall be made by the competent authority when the name of the observer appointed to
board the vessel in question is notified.
3. The conditions under which observers are taken on board shall be agreed between shipowners or their represen
tatives and the competent authority.
4. Observers shall embark and disembark at a port chosen by the shipowner. Embarkation shall take place at the
beginning of the first voyage in So Toméan waters after notification of the list of designated vessels.
5. Within two weeks and giving 10 days’ notice, the shipowners concerned shall make known at which ports in the
subregion and on what dates they intend to embark and disembark the observers.
6. Where observers are taken on board in a country other than So Tomé and Príncipe, their travel costs shall be borne
by the shipowner. Should a vessel with an observer on board leave So Tomé and Príncipe’s fishing zone, all
measures must be taken to ensure the observer’s return to So Tomé and Príncipe as soon as possible at the
expense of the shipowner.
7. If the observer is not present at the time and place agreed or within the 12 hours following the time agreed,
shipowners shall be automatically absolved of their obligation to take the observer on board.
8. Observers shall be treated as officers. When the vessel is operating in So Toméan waters, they shall carry out the
following tasks:
8.1. observe the fishing activities of the vessels;
8.2. verify the position of vessels engaged in fishing operations;
8.3. note the fishing gear used;
8.4. verify the catch data for So Toméan waters recorded in the logbook;

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8.5. verify the percentages of by-catches and estimate the quantity of discards of species of marketable fish;
8.6. report fishing data, including the quantity of catches and by-catches on board, to their competent authority by
any appropriate means.
9. Skippers shall do everything in their power to ensure the physical safety and welfare of observers during performance
of their duties.
10. Observers shall be offered every facility needed to carry out their duties. Skippers shall give them access to the means
of communication needed for the discharge of their duties, to documents directly concerned with the vessel’s fishing
activities, including in particular the logbook and the navigation log, and to those parts of the vessel necessary to
facilitate the exercise of their tasks.
11. While on board, observers shall:
11.1. take all appropriate steps to ensure that the conditions of their boarding and presence on the vessel neither
interrupt nor hamper fishing operations;
11.2. respect the material and equipment on board and the confidentiality of all documents belonging to the vessel.
12. At the end of the observation period and before leaving the vessel, observers shall draw up an activity report to be
transmitted to the competent So Toméan authorities, with a copy to the European Commission. They shall sign it in
the presence of the skipper, who may add or cause to be added to it any observations considered relevant, followed
by the skipper’s signature. A copy of the report shall be handed to the skipper when the observer is put ashore.
13. Shipowners shall bear the cost of providing board and accommodation for observers in the same conditions as for
officers, within the confines of the practical possibilities offered by the vessel.
14. The salary and social contributions of the observer shall be borne by So Tomé and Príncipe.
CHAPTER VI
MONITORING
European fishing vessels shall comply with the measures and recommendations adopted by ICCAT with regard to fishing
gear and the technical specifications thereof and all other technical measures applicable to their fishing activities.
1. List of vessels
1.1. The European Union shall keep an up-to-date draft list of the vessels to which a fishing authorisation (fishing
licence) has been issued under this Protocol. This list shall be notified to the So Toméan authorities responsible
for fisheries inspection as soon as it is drawn up and each time it is updated.
2. Monitoring procedures
2.1. Skippers of authorised European Union vessels engaged in fishing activities in So Toméan waters shall allow and
facilitate boarding and the discharge of their duties by So Toméan officials responsible for the inspection and
control of fishing activities.
2.2. These officials shall remain on board only as long as is necessary for the discharge of their duties.
2.3. Once the inspection and monitoring has been completed, a copy of the inspection report shall be provided to the
skipper of the vessel and to the European Commission Delegation to Gabon.
2.4. In order to facilitate safe inspection procedures and without prejudice to So Toméan legislation, monitoring
must be carried out in such a way that the inspection platforms and the inspectors are identified as officers
authorised by So Tomé and Príncipe.
2.5. Skippers of European Union vessels engaged in transhipment operations in the zones of So Tomé and Príncipe
referred to in point 2 of Section 3 of Chapter III shall allow and facilitate the inspection of such operations by
So Toméan inspectors.

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CHAPTER VII
INFRINGEMENTS
1.1. The competent So Toméan authorities shall inform the flag State and the European Commission, within a
maximum of 24 hours, of any inspection that revealed an infringement by a European Union vessel.
1.2. The flag State and the European Commission shall, at the same time, receive a brief report of the circumstances and
reasons that led to the finding.
2. Statement of inspection
2.1. After the competent So Toméan authorities have drawn up a statement, the skipper of the vessel shall sign it.
2.2. This signature shall not prejudice the rights of the skipper or any defence which the skipper may make against
the presumed infringement.
2.3. The skipper shall take the vessel to the port indicated by the So Toméan authorities. In the case of minor
infringements, the competent So Toméan authorities may authorise the boarded vessel to continue fishing.
3. Consultation meeting in the event of infringement
3.1. Before any measures regarding the skipper 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 of the receipt of the above
information, between the European Commission and the competent So Toméan authorities, possibly attended
by a representative of the Member State concerned.
3.2. At the meeting, the Parties shall exchange any relevant documentation or information helping to clarify the
circumstances of the findings. The shipowner or his or her representative shall be informed of the outcome of the
meeting and of any measures resulting from the boarding.
4. Settlement of boarding
4.1. Before any judicial proceedings, with the exception of cases under criminal law, an attempt shall be made to
resolve the presumed infringement by means of an amicable settlement. This procedure shall end no later than
three working days after the boarding.
4.2. In the event of an amicable settlement, the amount of the fine shall be determined in accordance with So
Toméan legislation.
4.3. If the case cannot be settled by amicable procedure and has to be brought before a competent judicial body, a
bank security set to take account of the boarding costs andthe fines and compensation payable by the parties
responsible for the infringement shall be lodged by the shipowner with a bank specified by the competent So
Toméan authorities.
4.4. The bank security shall be irrevocable until the legal proceedings have been concluded. It shall be released once
legal proceedings end without a conviction. Similarly, in the event of a conviction leading to a fine of less than
the security lodged, the balance shall be released by the competent So Toméan authorities.
4.5. The vessel shall be released and its crew authorised to leave the port:
— once the obligations arising under the amicable settlement have been fulfilled, or
— when the bank security referred to in point 4.3 has been lodged and accepted by the competent So Toméan
authorities, pending completion of the legal proceedings.

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Appendices
1 — Application form for a fishing authorisation
2 — Logbook
3 — Coordinates of the zone in which fishing is prohibited
4 — Communication of VMS messages to So Tomé and Príncipe
5 — Limits of So Tomé and Príncipe’s EEZ — coordinates of the EEZ
6 — Contact details of So Tomé and Príncipe’s FMC
7 — Contact details of the FMCs of the European Union Member States concerned by the Protocol to the Fisheries
Partnership Agreement

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Appendix 1
MINISTRY RESPONSIBLE FOR FISHERIES IN SO TOM AND PRNCIPE
APPLICATION FOR FISHING AUTHORISATION FOR FOREIGN INDUSTRIAL FISHING VESSELS
1. Name of shipowner: ................................................................................................
....................................................................................
2. Address of shipowner: ................................................................................................................................................................
................
3. Name of representative or agent: ................................................................................................
............................................................
4. Address of shipowner’s representative or local agent: .....................................................................................................................
..............................................................................................
................................................................................................
...............................
5. Name of skipper: ................................................................................................
..........................................................................................
6. Name of vessel: ................................................................................................
.............................................................................................
7. Registration No: ................................................................................................................................................................
............................
8. Fax No: ................................................................................................
............................................................................................................
9. E-mail address: ................................................................................................................................................................
...............................
10. Radio code: ......................................................................................................................................................................
...............................
11. Date and place of construction: ................................................................................................
..............................................................
12. Flag country: ...................................................................................................................................................................
...............................
13. Port of registration: ................................................................................................................................................................
......................
14. Port of fitting out: ................................................................................................
.......................................................................................
15. Overall length: ................................................................................................................................................................
...............................
16. Beam: ................................................................................................
................................................................................................
................
17. Gross tonnage: ................................................................................................................................................................
...............................
18. Hold capacity: ................................................................................................
................................................................................................
19. Cold storage and freezing capacity: ................................................................................................
........................................................
20. Engine type and horse power: ................................................................................................
.................................................................
21. Fishing gear: ................................................................................................
...................................................................................................
22. Number of crew: ................................................................................................
..........................................................................................
23. Communications equipment: ................................................................................................
....................................................................
24. Call sign: ................................................................................................
................................................................................................
..........
25. Identification markings: ................................................................................................
..............................................................................
26. Fishing operations to be carried out: ................................................................................................
.....................................................

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27. Place of landing: ................................................................................................
...........................................................................................
28. Fishing zones: ................................................................................................
................................................................................................
29. Species to be caught: ...........................................................................................
.......................................................................................
30. Period of validity: ................................................................................................................................................................
.........................
31. Special conditions: ................................................................................................
........................................................................................
Opinion of the Directorate-General for Fisheries and Aquaculture: ..............................................................................................
.......
Comments of the Ministry responsible for fisheries: ................................................................................................
................................

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ndix 2
Appe

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Appendix 3
Latitude Longitude
Degrees Minutes Seconds Degrees Minutes Seconds
03 02 22
N 07 07 31
E
02 50 00
N 07 25 52
E
02 42 38
N 07 36 25
E
02 20 59
N 06 52 45
E
01 40 12
N 05 57 54
E
01 09 17
N 04 51 38
E
01 13 15
N 04 41 27
E
01 21 29
N 04 24 14
E
01 31 39
N 04 06 55
E
01 42 50
N 03 50 23
E
01 55 18
N 03 34 33
E
01 58 53
N 03 53 40
E
02 02 59
N 04 15 11
E
02 05 10
N 04 24 56
E
02 10 44
N 04 47 58
E
02 15 53
N 05 06 03
E
02 19 30
N 05 17 11
E
02 22 49
N 05 26 57
E
02 26 21
N 05 36 20
E
02 30 08
N 05 45 22
E
02 33 37
N 05 52 58
E
02 36 38
N 05 59 00
E
02 45 18
N 06 15 57
E
02 50 18
N 06 26 41
E
02 51 29
N 06 29 27
E
02 52 23
N 06 31 46
E
02 54 46
N 06 38 07
E
03 00 24
N 06 56 58
E
03 01 19
N 07 01 07
E
03 01 27
N 07 01 46
E
03 01 44
N 07 03 07
E
03 02 22
N 07 07 31
E

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Appendix 4
COMMUNICATION OF VMS MESSAGES TO SO TOM AND PRNCIPE
Table II — Format of VMS data
Data Element Code Comments
Start record SR System
detail
—
indicates
start
of
record
Addressee AD Message
detail
—
addressee.
Alpha-3
ISO
country
code
From FR Message
detail
—
sender.
Alpha-3
ISO
country
code
Flag State FS
Type of message TM Message
detail
—
message
type
‘POS’
Radio call sign RC Vessel
detail
—
international
radio
call
sign
of
vessel
Contracting Party
IR Vessel
detail
—
unique
Contracting
Party
number
(flag
State
internal reference
ISO-3 code followed by number)
number
External registration
XR Vessel
detail
—
number
marked
on
side
of
vessel
number
Latitude LA
Vessel position detail — position in degrees and minutes N/S
DD.ddd (WGS-84)
Longitude LO
Vessel position detail — position in degrees and minutes E/W
DDD.ddd (WGS-84)
Course CO Vessel
course
360°
scale
Speed SP Vessel
speed
in
tenths
of
knots
Date DA Vessel
position
detail
—
date
of
record
of
UTC
position
(YYYYMMDD)
Time TI Vessel
position
detail
—
time
of
record
of
UTC
position
(HHMM)
End record ER System
detail
—
indicates
end
of
record
Character set: ISO 8859.1
Each data transmission is structured as follows:
— a double slash (//) and field code indicate the start of the message,
— a single slash (/) separates the field code and the data.
Optional data elements must be inserted between the start and end of the record.
Format for communication of catches and fishing vessel reports
‘Catch on entry to the EEZ’ report
‘Catch on transhipment’ report
‘Catch on exit from the EEZ’ report

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Appendix 5
LIMITS OF SO TOM AND PRNCIPE’S EEZ
COORDINATES OF THE EEZ
http://www.un.org/Depts/los/LEGISLATIONANDTREATIES/losic/losic9ef.pdf
Appendix 6
CONTACT DETAILS OF SO TOM AND PRNCIPE’S FMC
Name of FMC:
VMS Tel.
VMS Fax
VMS e-mail:
DSPG Tel.
DSPG Fax
Address X25 =
Declaration of entries/exits:
Appendix 7
CONTACT DETAILS OF THE FMCs OF THE EUROPEAN UNION MEMBER STATES CONCERNED BY THE
PROTOCOL TO THE EU/SO TOM AND PRNCIPE FISHERIES PARTNERSHIP AGREEMENT

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