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The fishing opportunities set out in the Protocol to the Agreement shall be allocated among the Member States as follows: Fishing category Type of vessel Member State Licences or quota Tuna fishing Freezer tuna seiners Spain 13 France 12 Tuna fishing Surface longliners Spain 13 Portugal 5 If licence applications from these Member States do not cover all the fishing opportunities laid down by the Protocol, the Commission may take into consideration licence applications from any other Member State.

Definitions For the purposes of this Agreement:

(a) ‘São Toméan authorities’ means the Government of São Tomé and Príncipe;

(b) ‘Community authorities’ means the European Commission;

(c) ‘São Tomé and Príncipe’s fishing zone’ means the waters over which, as regards fisheries, São Tomé and Príncipe has sovereignty or jurisdiction;

(d) ‘fishing vessel’ means any vessel equipped for commercial exploitation of living aquatic resources;

(e) ‘Community vessel’ means a fishing vessel flying the flag of a Member State of the Community and registered in the Community;

(f) ‘Joint Committee’ means a committee made up of representatives of the Community and São Tomé and Príncipe, as specified in Article 9 of this Agreement;

(g) ‘transhipment’ means the transfer in or off the port of some or all of the catch from one fishing vessel to another vessel;

(h) ‘unusual circumstances’ means circumstances, other than natural phenomena, which are beyond the reasonable control of one of the Parties and are such as to prevent fishing activities in São Toméan waters;

(i) ‘ACP seamen’ means any seamen who are nationals of a non-European signatory to the Cotonou Agreement. To this end, a São Toméan seaman is an ACP seaman;

(j) ‘by-catches’ means any quantity of species not listed in Annex 1 to the 1982 United Nations Convention caught.