Council Regulation (EEC) No 3544/87 of 23 November 1987 relating to the conclusion of the Agreement amending the Agreement between the European Economic Community and the Government of the Democratic Republic of São Tomé and Principe on fishing off São Tomé and Principe, signed at Brussels on 1 February 1984

The Agreement amending the Agreement between the European Economic Community and the Government of the Democratic Republic of São Tomé and Principe on fishing off São Tomé and Principe signed at Brussels on 1 February 1984 is hereby approved on behalf of the Community. The text of the Agreement is attached to this Regulation.

To take into consideration the interests of the Canary Islands, the Agreement referred to in Article 1 and, to the extent necessary for its implementation, the provisions of the common fisheries policy on the conservation and management of fishery resources shall also apply to vessels sailing under the flag of Spain which are recorded on a permanent basis in the registers of the competent authorities at local level (registros de base) in the Canary Islands, as such recording is defined in Note 6 of Annex I to Council Regulation (EEC) No 570/86 of 24 February 1986 concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation in the trade between the customs territory of the Community, Ceuta and Melilla and the Canary Islands .

The president of the Council is hereby authorized to designate the persons empowered to sign the Agreement in order to bind the Community.

This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.

The Annex referred to in Article 4 and the Protocol referred to in Article 6 of the Agreement between the European Economic Community and the Government of the Democratic Republic of São Tomé and Principe on fishing off São Tomé and Principe, signed on 1 February 1984, shall be replaced by the texts attached to this Agreement.

This Agreement, drawn up in duplicate in the Danish, German, Greek, English, French, Italian, Dutch, Portuguese and Spanish languages, each of these texts being equally authentic, shall enter into force on the date of signature.

From 1 June 1987, for a period of three years, the fishing authorizations granted pursuant to Article 2 of the Agreement shall be set at 52 freezer tuna seiners and 10 wet pole-and-line tuna vessels. In addition to these authorizations and at the Community's request, licences for other categories of fishing vessels may be issued subject to conditions on fishing activities and financial arrangements to be decided.

The financial compensation referred to in Article 6 of the Agreement shall be, for the period referred to in Article 1, 1425000 ECU, payable in three equal annual instalments. This amount shall cover fishing activities up to a catch of 9500 tonnes of tuna a year; if the catch volume by Community vessels in São Tomé and Principe's fishing zone exceeds this quantity, the aforesaid amount shall be increased accordingly. However, regardless of the actual catch volume, the amount of financial compensation shall be limited to 2000000 ECU for the duration of the Protocol, payable in three equal annual instalments.

The use to which the compensation referred to in Article 2 is put shall be the sole responsibility of the Government of the Democratic Republic of São Tomé and Principe. The compensation shall be paid into an account opened at the National Bank of São Tomé and Principe.

The Community shall also contribute up to 450000 ECU towards the financing of a scientific and technical programme on São Tomé and Principe to improve information on the fishery resources within São Tomé and Principe's fishing zone. The contribution shall be used to: 1. carry out an exploratory voyage to improve knowledge of shellfish resources; 2. cover São Tomé and Principe's participation in the following international bodies: the Regional Fisheries Committee for the Gulf of Guinea and ICCAT; 3. cover its participation in international meetings on fisheries. This sum shall be made available to the Ministry for Fisheries. The competent authorities of São Tomé and Principe shall send to the Commission a brief report on the results of the exploratory voyage to improve knowledge of shellfish.

Should the Community fail to make the payments provided for in this Protocol, the Agreement on fishing shall be suspended.