# EUR-Lex - 52014PC0695 - EN

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# 52014PC0695

**Proposal for a COUNCIL DECISION on the conclusion of the Protocol setting out the fishing opportunities and the financial contribution provided for in the Fisheries Partnership Agreement between the European Union and the Republic of Cape Verde /* COM/2014/0695 final - 2014/0329 (NLE) */**

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EXPLANATORY MEMORANDUM

1.           CONTEXT OF THE PROPOSAL

The Council authorised the European
Commission to negotiate, on behalf of the European Union, the renewal of the
Protocol to the Fisheries Partnership Agreement between the European Community
and the Republic of Cape Verde. At the end of the negotiations a new draft
protocol was initialled by the negotiators on 28 August 2014. The new Protocol
covers a period of four years from the date of provisional application laid
down in Article 15, that being the date on which it is signed.

The main purpose of the Protocol to the
Agreement is to grant fishing opportunities to Union vessels in the fishing
zone of the Republic of Cape Verde, in accordance with the best scientific
opinions available and the recommendations of the International Commission for
the Conservation of Atlantic Tunas (ICCAT), where applicable within the limits
of the available surplus. The Commission's negotiating position was based in
part on the results of an ex-post evaluation of the previous Protocol carried
out by external experts.

The general aim is to enhance cooperation
between the European Union and the Republic of Cape Verde, thereby creating a
partnership framework within which to develop a sustainable fisheries policy
and sound exploitation of fishery resources in the fishing zone of the Republic of Cape Verde, in the interests of both parties.

The Protocol provides for fishing
opportunities in the following categories:

–          28 tuna seiners

–          30 surface longliners

–          13 pole-and-line tuna vessels.

The Commission proposes, on this basis,
that the Council, with the consent of the Parliament, adopt by decision the
conclusion of this new Protocol.

2.           RESULTS OF CONSULTATIONS
WITH THE INTERESTED PARTIES AND IMPACT ASSESSMENTS

The interested parties were consulted
during the evaluation of the Protocol for the period 2011-14. Experts from the
Member States were also consulted in technical meetings. These consultations
led to the conclusion that it would be beneficial to maintain a fishing protocol
with the Republic of Cape Verde.

3.           LEGAL ELEMENTS OF THE
PROPOSAL

This procedure is being initiated in
parallel with the procedures relating to the Council Decision authorising the
signature and provisional application of the Protocol itself, and to the Council
Regulation concerning the allocation of the fishing opportunities between the
Member States of the European Union.

4.           BUDGETARY IMPLICATIONS

The annual financial contribution is
EUR 550 000 the first two years and EUR 500 000 the last two
years, based on (a) a reference tonnage of 5 000 tonnes, for which an amount
linked to access has been set at EUR 275 000 the first two years and
EUR 250 000 the last two years, and (b) support for development of
the sectoral fisheries policy of the Republic of Cape Verde, amounting to EUR
275 000 per year the first two years and EUR 250 000 per year
the last two years. This support meets the objectives of the national fisheries
policy and in particular the needs of the Republic of Cape Verde in its fight
against illegal fishing.

2014/0329 (NLE)

Proposal for a

COUNCIL DECISION

on the conclusion of the Protocol setting
out the fishing opportunities and the financial contribution provided for in
the Fisheries Partnership Agreement between the European Union and the Republic of Cape Verde

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the
Functioning of the European Union, and in particular Article 43(2) in
conjunction with Article 218(6)(a) and (7) thereof,

Having regard to the proposal from the
European Commission,

Having regard to the consent of the
European Parliament[1],

Whereas:

(1)       On 19 December 2006, the
Council adopted Regulation (EC) No 2027/2006 on the conclusion of the
Fisheries Partnership Agreement between the European Community and the Republic of Cape Verde[2].

(2)       The Union has negotiated
with the Republic of Cape Verde a new protocol to the Partnership Agreement
granting Union vessels fishing opportunities in the fishing zone in which the Republic of Cape Verde exercises its jurisdiction.

(3)       By Decision .../2014/EU[3], the Council authorised
the signing and provisional application of the Protocol, subject to its later
conclusion.

(4)       Article 9 of the Fisheries
Partnership Agreement between the European Union and the Republic of Cape Verde
set up a Joint Committee to monitor the implementation, interpretation and
application of the Agreement, and to reassess, where necessary, the level of
fishing opportunities and the related financial contribution. With a view to
implementing such changes, it is appropriate to empower the European Commission
to approve them under a simplified procedure.

(5)       The Protocol should
therefore be approved on behalf of the Union,

HAS ADOPTED THIS DECISION:

Article 1

The Protocol between the European Union and
the Republic of Cape Verde setting out the fishing opportunities and the
financial contribution provided for in the Fisheries Partnership Agreement
between the European Union and the Republic of Cape Verde is hereby concluded
on behalf of the Union.

The text of the Protocol is attached to
this Decision as Annex I.

Article 2

The
President of the Council shall designate the person(s) empowered to make, on
behalf of the Union, the notification provided for in Article 16 of the
Protocol in order to express the consent of the Union to be bound by the
Protocol.

Article 3

In
accordance with the provisions and conditions laid down in Annex II to this
Decision and in Article 9 of the Fisheries Partnership Agreement between the
European Community and the Republic of Cape Verde, the European Commission is
hereby authorised to approve, on behalf of the Union, the amendments made to
the Protocol as adopted by the Joint Committee.

Article 4

This
Decision shall enter into force on the day following that of its publication in
the Official Journal of the European Union.

Done at Brussels,

For
the Council

The
President

LEGISLATIVE FINANCIAL STATEMENT

1.           FRAMEWORK OF THE
PROPOSAL/INITIATIVE

1.1.        Title of the
proposal/initiative

Proposal for a Council Decision on conclusion of the Protocol
setting out the fishing opportunities and the financial contribution provided
for in the Fisheries Partnership Agreement between the European Union and the Republic of Cape Verde

1.2.        Policy area(s) concerned
in the ABM/ABB structure[4]

11. – Maritime affairs and fisheries policies

11.03 – Compulsory contributions to regional fisheries management
organisations (RFMOs) and other international organisations and sustainable
fisheries agreements (SFAs)

1.3.        Nature of the
proposal/initiative

 ̈ The proposal/initiative relates to a new action

 ̈ The proposal/initiative relates to a new action following a
pilot project/preparatory action[5]

X The
proposal/initiative relates to the extension of an existing action

 ̈ The proposal/initiative relates to an action redirected towards
a new action

1.4.        Objective(s)

1.4.1.     The Commission's
multiannual strategic objective(s) targeted by the proposal/initiative

The negotiation and conclusion of fisheries agreements with third
countries meets the general objective of giving EU fishing vessels access to
fishing zones located in third countries’ Exclusive Economic Zones (EEZ) and
developing a partnership with those countries with a view to strengthening the
sustainable exploitation of fishery resources outside EU waters.

The Fisheries Partnership Agreements (FPAs) also ensure coherence
between the principles governing the Common Fisheries Policy and the
commitments made under other European policies (sustainable use of
third-country resources, combating illegal, unreported and unregulated (IUU)
fishing, integration of partner countries into the global economy and better
political and financial governance of fisheries).

1.4.2.     Specific objective(s) and
ABM/ABB activity(-ies) concerned

Specific objective No 1

To contribute to sustainable fishing in non-EU waters, maintain a
European presence in distant-water fisheries and protect the interests of the
European fisheries sector and consumers by negotiating and concluding FPAs with
coastal states, consistent with other European policies.

ABM/ABB activity(-ies) concerned

Maritime affairs and fisheries. To establish a governance framework
for fishing activities carried out by EU fishing vessels in third country
waters (SFAs) (budget line 11.0301).

1.4.3.     Expected result(s) and
impact

Specify the effects
which the proposal/initiative should have on the beneficiaries/groups targeted.

The conclusion of the Protocol will help maintain the fishing
opportunities for EU vessels in the Cape Verdean fishing zone.

The Protocol will also contribute to better management and
conservation of fishery resources, through financial support (sectoral support)
for the implementation of programmes adopted at national level by the partner
country, in particular to monitor and combat illegal fishing.

1.4.4.     Indicators of results and
impact

Specify the
indicators for monitoring implementation of the proposal/initiative.

Rates of utilisation of fishing opportunities (annual uptake of
fishing authorisations as a percentage of availability under the Protocol);

Gathering and analysing data on catches and the commercial value of
the Agreement;

Contribution to employment and to added value in the EU and to
stabilising the EU market (in aggregate with other FPAs);

Number of technical meetings and meetings of the Joint Committee.

1.5.        Grounds for the
proposal/initiative

1.5.1.     Requirement(s) to be met in
the short or long term

The Protocol for the period 2011-14 expired on 31 August 2014. It is
intended that the new Protocol will apply provisionally from the date of its
signature. To secure continuity of fishing operations, a procedure for adoption
by the Council of a Decision on the signing and provisional application of the
Protocol has been launched in parallel with this procedure.

The new Protocol will provide a framework for the fishing activities
of the European fleet in the Cape Verdean fishing zone and will allow European
vessel owners to apply for fishing licences allowing them to fish in Cape Verdean waters. In addition, the new Protocol enhances cooperation between the EU and
the Republic of Cape Verde, with a view to promoting the development of a
sustainable fisheries policy. It provides, in particular, for vessels to be
monitored via VMS and for the electronic transmission of catch data. Sectoral
support has been strengthened to help the Republic of Cape Verde with its
national fisheries strategy, including in the fight against IUU fishing.

1.5.2.     Added value of EU
involvement

As regards this new Protocol, failure to act by the EU would allow
private agreements to spring up which would not guarantee sustainable
fisheries. The European Union also hopes that with this Protocol, the Republic of Cape Verde will continue to cooperate effectively with the EU particularly as
regards the fight against illegal fishing.

1.5.3.     Lessons learned from
similar experiences in the past

Based on an analysis of catches under the previous Protocol, the
parties have agreed to maintain the reference tonnage but to reduce the number
of surface longliners (from 35 to 30) and to slightly increase the number of
pole-and-line tuna vessels (from 11 to 13). The number of tuna seiners remains
unchanged at 28 vessels.

Given that pelagic sharks are among the species caught by the EU
fleet, catches of these species by longline vessels require particular
attention. A strict mechanism will be set up to monitor these fisheries so as
to ensure sustainable exploitation of the resource, and a study will be carried
out to analyse the condition of sharks and the impact of fishing on local
ecosystems. This will provide data on the migratory patterns of the species
concerned and help identify biologically and environmentally vulnerable zones
in Cape Verde and the tropical Atlantic.

Sectoral support has been strengthened taking account of the
priorities of the national fisheries strategy and requirements in terms of
building the capacity of the Cape Verdean fishing authorities.

1.5.4.     Compatibility and possible
synergy with other appropriate instruments

Funds paid out under FPAs constitute fungible revenue in the budgets
of the third-country partners. However, allocating some of those funds for
implementing measures as part of the country’s sectoral policy is a condition
for the conclusion and monitoring of FPAs. These financial resources are
compatible with other sources of funding from other providers of international
funding for carrying out projects and/or programmes at national level in the
fisheries sector.

1.6.        Duration and financial
impact

X
Proposal/initiative of limited duration

– 
X  Proposal/initiative
in force from the date of signature and for a duration of four years.

– 
X  Financial
impact from 2015 to 2018

 ̈ Proposal/initiative of unlimited duration

– 
Implementation with a start-up period from YYYY
to YYYY,

– 
followed by full-scale operation.

1.7.        Management method(s)
envisaged

X Direct management by the Commission

– 
X By its
departments, including by its staff in the Union delegations;

– 
 ̈ by the executive agencies

 ̈ Shared management with Member States

 ̈ Indirect management by entrusting budget implementation
tasks to:

– 
 ̈ third countries or the bodies they have designated;

– 
 ̈ international organisations and their agencies (please specify);

– 
 ̈ the EIB and the European Investment Fund;

– 
 ̈ bodies referred to in Articles 208 and 209 of the Financial
Regulation;

– 
 ̈ public law bodies;

– 
 ̈ bodies governed by private law with a public service mission to the
extent that they provide adequate financial guarantees;

– 
 ̈ bodies governed by the private law of a Member State that are entrusted with the implementation of a public-private partnership and that
provide adequate financial guarantees;

– 
 ̈ persons entrusted with the implementation of specific actions in
the CFSP pursuant to Title V of the TEU, and identified in the relevant basic
act.

Comments

2.           MANAGEMENT MEASURES

2.1.        Monitoring and reporting
rules

Specify frequency
and conditions.

The Commission (DG MARE, in collaboration with its fisheries
counsellor in Senegal and the European Union’s Delegation in Dakar) will ensure
regular monitoring of the implementation of this Protocol, particularly as
regards operators’ use of fishing opportunities and catch data.

The Fisheries Partnership Agreement provides for at least one annual
meeting of the Joint Committee, at which the Commission and the Republic of
Cape Verde review the implementation of the Agreement and the Protocol thereto
and, if necessary, adjust the programming and, if applicable, the financial
contribution.

2.2.        Management and control
system

2.2.1.     Risk(s) identified

There is some risk in setting up a fisheries protocol, particularly
with regard to the amounts intended to finance the sectoral fisheries policy
(under-programming).

2.2.2.     Information concerning the
internal control system set up

Extensive dialogue is planned on the programming and implementation
of the sectoral policy. Joint analysis of results, as referred to in Article 3,
also forms part of these control methods.

In addition, the Protocol contains specific clauses for its
suspension, on certain conditions and in given circumstances.

2.2.3.     Estimate of the costs and
benefits of the controls and assessment of the expected level of risk of error

2.3.        Measures to prevent fraud
and irregularities

Specify existing or
envisaged prevention and protection measures.

The Commission undertakes to establish regular political dialogue
with the Republic of Cape Verde with a view to improving the management of the
Agreement and strengthening the EU’s contribution to the sustainable management
of resources. In any case, any payment which the Commission makes under a
fisheries agreement is subject to the Commission's standard rules and budgetary
and financial procedures. This makes it possible, in particular, to fully
identify the bank accounts of the third countries into which the financial
contribution is paid. For this particular Protocol, Article 2(7) stipulates
that the entire financial contribution must be paid into a Public Treasury
account opened with a financial institution specified by the Cape Verdean authorities.

3.           ESTIMATED FINANCIAL
IMPACT OF THE PROPOSAL/INITIATIVE

3.1.        Heading(s) of the
multiannual financial framework and expenditure budget line(s) affected

· Existing budget lines

Following the order of multiannual financial framework headings and budget lines

Heading of multiannual financial framework || Budget line || Type of expenditure || Contribution

Number [...][Heading ...............................................] || Diff./non-diff. ([6]) || from EFTA countries[7] || from candidate countries[8] || from third countries || within the meaning of Article 21(2)(b) of the Financial Regulation

2 || 11.03 01 To establish a governance framework for fishing activities carried out by Union fishing vessels in third country waters (SFAs) || Diff. || NO || NO || YES || NO

· New budget lines requested

Following the order of multiannual financial framework headings and budget lines.

Heading of multiannual financial framework || Budget line || Type of expenditure || Contribution

Number [...][Heading ...............................................] || Diff./non-diff. || from EFTA countries || from candidate countries || from third countries || within the meaning of Article 21(2)(b) of the Financial Regulation

|| [...][XX.YY.YY.YY] || || YES/NO || YES/NO || YES/NO || YES/NO

3.2.        Estimated impact on
expenditure

3.2.1.     Summary of estimated impact
on expenditure

Appropriations in EUR million (to 3 decimal places)

Heading of multi-annual financial framework: || Number 2 || Sustainable growth: natural resources

DG: MARE || || || Year N[9] 2015 || Year N+1 2016 || Year N+2 2017 || Year N+3 2018 || TOTAL

Ÿ Operating appropriations || || || || ||

Number of budget line 11.03.01 || Commitments || (1) || 0.550 || 0.550 || 0.500 || 0.500 || 2.100

Payments || (2) || 0.550 || 0.550 || 0.500 || 0.500 || 2.100

Appropriations of an administrative nature financed from the ‘envelope’ of specific programmes[10] || || || || ||

Number of budget line 11.010401 || || (3) || 0.037 || 0.037 || 0.037 || 0.097 || 0.208

TOTAL appropriations for DG MARE || Commitments || =1+3 || 0.587 || 0.587 || 0.537 || 0.597 || 2.308

Payments || =2+3 || 0.587 || 0.587 || 0.537 || 0.597 || 2.308

Ÿ TOTAL operational appropriations || Commitments || (4) || 0.550 || 0.550 || 0.500 || 0.500 || 2.100

Payments || (5) || 0.550 || 0.550 || 0.500 || 0.500 || 2.100

Ÿ TOTAL appropriations of an administrative nature financed from the ‘envelope’ of specific programmes || (6) || 0.037 || 0.037 || 0.037 || 0.097 || 0.208

TOTAL appropriations under HEADING 2 of the multiannual financial framework || Commitments || =4 + 6 || 0.587 || 0.587 || 0.537 || 0.597 || 2.308

Payments || =5 + 6 || 0.587 || 0.587 || 0.537 || 0.597 || 2.308

If more than one heading is affected by the
proposal/initiative: NOT APPLICABLE

Ÿ TOTAL operational appropriations || Commitments || (4) || || || || || || || ||

Payments || (5) || || || || || || || ||

Ÿ TOTAL appropriations of an administrative nature financed from the ‘envelope’ of specific programmes || (6) || || || || || || || ||

TOTAL appropriations under HEADINGS 1 to 4 of the multiannual financial framework (Reference amount) || Commitments || =4 + 6 || || || || || || || ||

Payments || =5 + 6 || || || || || || || ||

Heading of multi-annual financial framework: || 5 || ‘Administrative expenditure’

Appropriations in EUR million (to 3 decimal places)

|| || || Year N 2015 || Year N+1 2016 || Year N+2 2017 || Year N+3 2018 || Enter as many years as necessary to show the duration of the impact (see point 1.6) || TOTAL

DG: MARE ||

Ÿ Human resources || 0.113 || 0.113 || 0.113 || 0.113 || || || || 0.452

Ÿ Other administrative expenditure || 0.008 || 0.008 || 0.008 || 0.008 || || || || 0.032

TOTAL DG MARE || Appropriations || 0.121 || 0.121 || 0.121 || 0.121 || || || || 0.484

TOTAL appropriations under HEADING 5 of the multiannual financial framework || (Total commitments = Total payments) || 0.121 || 0.121 || 0.121 || 0.121 || || || || 0.484

Appropriations in EUR million (to 3 decimal places)

|| || || Year N[11] 2015 || Year N+1 2016 || Year N+2 2017 || Year N+3 2018 || Enter as many years as necessary to show the duration of the impact (see point 1.6) || TOTAL

TOTAL appropriations under HEADINGS 1 to 5 of the multiannual financial framework || Commitments || 0.683 || 0.683 || 0.683 || 0.683 || || || || 2.732

Payments || 0.683 || 0.683 || 0.683 || 0.683 || || || || 2.732

3.2.2.     Estimated impact on
operational appropriations

– 
 ̈  The proposal/initiative does not require the use of operational
appropriations

– 
X  The proposal/initiative requires the use of
operational appropriations, as explained below:

Commitment appropriations in EUR million (to three
decimal places)

Indicate objectives and outputs ò || || || Year N 2015 || Year N+1 2016 || Year N+2 2017 || Year N+3 2018 || TOTAL

OUTPUTS ||

Type[12] || Average cost || No || Cost || No || Cost || No || Cost || No || Cost || Total No || Total cost ||

SPECIFIC OBJECTIVE No 1[13]... || || || || || || || || || ||

- Access to fishing zone || t/yr || N & N+1: EUR 55/t and N+2 & N+3: 65 EUR/t || 5 000 || 0.275 || 5 000 || 0.275 || 5 000 || 0.250 || 5 000 || 0.250 || 20 000 || 1.050

- Sectoral support || annual || 0.250 || 1 || 0.275 || 1 || 0.275 || 1 || 0.250 || 1 || 0.250 || 4 || 1.050

Subtotal for specific objective No 1 || || 0.550 || || 0.550 || || 0.500 || || 0.500 || || 2.100

SPECIFIC OBJECTIVE No 2... || || || || || || || || || ||

- Implementation || || || || || || || || || || || ||

Sub-total for specific objective N°2 || || || || || || || || || ||

TOTAL COST || || 0.550 || || 0.550 || || 0.500 || || 0.500 || || 2.100

3.2.3.     Estimated impact on
appropriations of an administrative nature

3.2.3.1.  Summary

– 
 ̈  The proposal/initiative does not require the use of appropriations
of an administrative nature

– 
X  The proposal/initiative requires the use of
appropriations of an administrative nature, as explained below:

Appropriations in
EUR million (to 3 decimal places)

|| Year N [14] 2015 || Year N+1 2016 || Year N+2 2017 || Year N+3 2018 || TOTAL

HEADING 5 of the multiannual financial framework || || || || ||

Human resources || 0.113 || 0.113 || 0.113 || 0.113 || 0.452

Other administrative expenditure || 0.008 || 0.008 || 0.008 || 0.008 || 0.032

Sub-total HEADING 5 of the multiannual financial framework || 0.121 || 0.121 || 0.121 || 0.121 || 0.484

outside HEADING 5[15] of the multiannual financial framework || || || || ||

Human resources || 0.031 || 0.031 || 0.031 || 0.031 || 0.124

Other expenditure of an administrative nature || 0.006 || 0.006 || 0.006 || 0.066 || 0.084

Subtotal outside HEADING 5 of the multiannual financial framework || 0.037 || 0.037 || 0.037 || 0.097 || 0.208

TOTAL || 0.158 || 0.158 || 0.158 || 0.218 || 0.692

The human resources
appropriations required will be met by appropriations from the DG that are
already assigned to management of the action and/or have been redeployed within
the DG, together if necessary with any additional allocation which may be
granted to the managing DG under the annual allocation procedure and in the
light of budgetary constraints.

3.2.3.2.  Estimated
requirements of human resources

– 
 ̈  The proposal/initiative does not require the use of human
resources.

– 
X  The proposal/initiative requires the use of
human resources, as explained below:

Estimate to be expressed in full time
equivalent units

|| Year N 2015 || Year N+1 2016 || Year N+2 2017 || Year N+3 2018

Ÿ           Establishment plan posts (officials and temporary agents) ||

11 01 01 01 (Headquarters and Commission’s Representation Offices) || 0.75 || 0.75 || 0.75 || 0.75

XX 01 01 02 (Delegations) || || || ||

XX 01 05 01 (Indirect research) || || || ||

10 01 05 01 (Direct research) || || || ||

Ÿ External personnel (in Full Time Equivalent: FTE)[16] ||

11 01 02 01 (CA, INT, SNE from the ‘global envelope’) || 0.2 || 0.2 || 0.2 || 0.2

11 01 02 02 (CA, INT, JED, LA and SNE in the delegations) || || || ||

11 01 04 01 [17] || - at Headquarters || || || ||

- Delegations || 0.25 || 0.25 || 0.25 || 0.25

XX 01 05 02 (CA, SNE, INT – Indirect research) || || || ||

10 01 05 02 (CA, INT, SNE – Direct research) || || || ||

Other budget lines (specify) || || || ||

TOTAL || 1.2 || 1.2 || 1.2 || 1.2

XX is the
policy area or budget title concerned.

The human resources
required will be met by staff from the DG who are already assigned to
management of the action and/or have been redeployed within the DG, together if
necessary with any additional allocation which may be granted to the managing
DG under the annual allocation procedure and in the light of budgetary
constraints.

Description of
tasks to be carried out:

Officials and temporary staff || Administrative and budgetary implementation of the agreement (licences, monitoring catches, payment, sectoral support), preparation for and participation in joint committees and negotiating subsequent protocols, preparation and implementing legislative acts, correspondence, technical and scientific support. Desk officer + financial assistant + secretarial staff + head of unit (or deputy) + scientific and technical support and collection of licence and catch data 0.95 FTE divided between 0.75 at EUR 132 000/year and 0.2 at EUR 70 000/year.

External staff || Monitoring the implementation of the agreement and provision of sectoral support. Estimated 0.25 FTE, at EUR 125 000/year.

3.2.4.     Compatibility with the
current multiannual financial framework

– 
X  Proposal/initiative is compatible with the
current multiannual financial framework.

– 
 ̈  Proposal/initiative will entail reprogramming of the relevant
heading in the multiannual financial framework.

Explain what reprogramming is required,
specifying the budget lines concerned and the corresponding amounts.

– 
 ̈  Proposal/initiative requires application of the flexibility
instrument or revision of the multiannual financial framework[18].

Explain what is required, specifying the
headings and budget lines concerned and the corresponding amounts.

3.2.5.     Third-party contributions

– 
The proposal/initiative does not provide for
co-financing by third parties.

– 
The proposal/initiative provides for the
co-financing estimated below:

Appropriations in EUR million (to 3 decimal places)

|| Year N || Year N+1 || Year N+2 || Year N+3 || Enter as many years as necessary to show the duration of the impact (see point 1.6) || Total

Specify the co-financing body || || || || || || || ||

TOTAL appropriations co-financed || || || || || || || ||

3.3.        Estimated impact on
revenue

– 
X  The proposal/initiative has no financial
impact on revenue.

– 
 ̈  Proposal/initiative has the following financial impact:

– 
 ̈         on own resources

– 
 ̈         on miscellaneous revenue

Appropriations in EUR million (to 3 decimal places)

Budget revenue line: || Appropriations available for the current financial year || Impact of the proposal/initiative[19]

Year N || Year N+1 || Year N+2 || Year N+3 || Enter as many years as necessary to show the duration of the impact (see point 1.6)

Article ............. || || || || || || || ||

For miscellaneous
‘assigned’ revenue, specify the budget expenditure line(s) affected.

Specify the method for
calculating the impact on revenue.

[1]               OJ L [...], [...], p. [...].

[2]               OJ L 414, 19.12.2006, p. 1.

[3]               OJ L [...], [...], p. [...].

[4]               ABM: Activity-Based Management – ABB: Activity-Based
Budgeting.

[5]               As referred to in Article 54(2)(a) or (b) of the
Financial Regulation.

[6]               Diff. = Differentiated appropriations / Non-diff. =
Non-differentiated appropriations.

[7]               EFTA: European Free Trade Association.

[8]               Candidate countries and, where applicable, potential
candidate countries from the Western Balkans.

[9]               Year N is the year in which implementation of the
proposal/initiative starts.

[10]             Technical and/or administrative assistance and
expenditure in support of the implementation of EU programmes and/or actions
(former ‘BA’ lines), indirect research, direct research.

[11]             Year N is the year in which implementation of the
proposal/initiative starts.

[12]             Outputs are products and services to be supplied (e.g.:
number of student exchanges financed, number of km of roads built, etc.).

[13]             As described in Section 1.4.2. "Specific
objective(s)..."

[14]             Year N is the year in which implementation of the
proposal/initiative starts.

[15]             Technical and/or administrative assistance and
expenditure in support of the implementation of EU programmes and/or actions
(former ‘BA’ lines), indirect research, direct research.

[16]             CA = contract staff; LA = local staff; SNE = seconded
national expert; INT = agency staff (intérimaire); JED = junior expert
in delegation (jeune expert en délégation).

[17]             Sub-ceiling for external staff covered by operational
appropriations (former ‘BA’ lines).

[18]             See points 19 and 24 of the Interinstitutional
Agreement (for the period 2007-2013).

[19]             As regards traditional own resources (customs duties,
sugar levies), the amounts indicated must be net amounts, i.e. gross amounts
after deduction of 25% for collection costs.

ANNEX

to the proposal for a

COUNCIL DECISION

on the conclusion of the Protocol
setting out the fishing opportunities and the financial contribution provided
for in the Fisheries Partnership Agreement between the European Union and the Republic of Cape Verde

Protocol setting out the fishing
opportunities and the financial contribution provided for by the Fisheries
Partnership Agreement between the European Union and the Republic of Cape Verde

Article 1
Period of application and
fishing opportunities

1. 
For a period of four years from the date of
provisional application of the Protocol, the fishing opportunities granted to
European Union vessels pursuant to Article 5 of the Fisheries Partnership
Agreement shall be as follows:

2. 
Highly migratory species
listed in Annex 1 to the 1982 United Nations Convention on the Law of the Sea,
within the limits set in Appendix 2 and with the exception of species which are
protected or prohibited in the framework of ICCAT or other international
agreements:

– freezer tuna seiners: 28 vessels,

– pole-and-line tuna vessels: 13 vessels,

– surface longliners: 30 vessels.

3. 
Paragraph 1 shall apply
subject to the provisions of Articles 4 and 5 of this Protocol.

4. 
Pursuant to Article 6 of the Agreement, vessels
flying the flag of a Member State of the European Union (hereinafter ‘EU
vessels’) may engage in fishing activities in the Exclusive Economic Zone (EEZ)
of Cape Verde only if they are in possession of a valid fishing licence issued
by Cape Verde under this Protocol.

Article 2
Financial contribution – Methods
of payment

1. 
The total value of the
Protocol, for the period referred to in Article 1, is estimated at
EUR 3 300 000.

2. 
The amount referred to in
the first paragraph breaks down as follows:

– EUR 2 100 000 by way of the financial contribution
referred to in Article 7 of the Agreement, allocated as follows:

(a)     an annual amount as financial
compensation for access to resources of EUR 275 000 per year for the first and
second year and EUR 250 000 per year for the third and fourth year, equivalent
to a reference tonnage of 5 000 tonnes per year;

(b)     a specific amount to support the
implementation of Cape Verde's sectoral fisheries policy of
EUR 275 000 per year for the first and second year and EUR
250 000 per year for the third and fourth year;

– EUR 1 200 000, corresponding to
the estimated fees payable by the vessel owners for fishing licences issued
under Articles 5 and 6 of the Agreement according to the procedures set
out in Chapter II, point 3 of the Annex.

3. 
Paragraph 1 shall apply subject
to Articles 3, 4, 5, 7 and 8 of this Protocol and Articles 12 and 13 of the
Fisheries Partnership Agreement.

4. 
If the overall quantity of
catches by EU vessels in Cape Verdean waters exceeds the reference tonnage laid
down in paragraph 2(a), the amount of the financial contribution laid down in
paragraph 2(a) shall be increased, for each additional tonne caught, by EUR 55
the first two years and by EUR 50 the remaining two years. However, the total
annual amount paid by the Union shall not be more than twice the amount
indicated in paragraph 2(a). Where the quantities caught by EU vessels exceed
the quantities corresponding to twice the total annual amount, the amount due
for the quantity exceeding that limit shall be paid the following year.

5. 
Payment of the financial
contribution laid down in paragraph 2(a) and (b) shall be made no later than 90
days after the date of provisional application of the Protocol the first year
and no later than the anniversary date of the Protocol the following years.

6. 
The Cape Verdean authorities shall have full discretion regarding the use to which the financial
contribution referred to in paragraph 2(a) is put.

7. 
The financial
contribution shall be paid into a single Public Treasury account opened with a
financial institution specified by the Cape Verdean authorities.

Article 3
Promotion of responsible and
sustainable fishing in Cape Verdean waters

1. 
No later than three 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
Agreement, on a multiannual sectoral programme and detailed implementing rules,
in particular:

(a)     annual and multiannual guidelines for using the financial
contribution referred to in Article 2(2)(b);

(b)     the objectives, both annual and
multiannual, to be achieved with a view to introducing, over time, responsible
and sustainable fishing, taking account of the priorities expressed by Cape
Verde in its national fisheries policy and other policies relating to or having
an impact on the introduction of responsible and sustainable fishing;

(c)     criteria and procedures for evaluating
the results obtained each year.

2. 
All proposed amendments to
the multiannual sectoral programme require approval by the Joint Committee.

3. 
Each year, the Cape Verdean authorities may decide to allocate an additional amount over and above the
share of the financial contribution referred to in Article 2(2)(b) with a view
to implementing the multiannual programme. This allocation shall be communicated
to the European Union no later than two (2) months before the anniversary date
of this Protocol.

4. 
Each year, the parties shall
carry out, within the Joint Committee, an evaluation of the progress made in
implementing the multiannual sectoral programme. Where this evaluation
indicates that the objectives financed directly by the share of the financial
contribution referred to in Article 2(2)(b) of this Protocol have not been
satisfactorily achieved, the European Union reserves the right to reduce that share
of the financial contribution with a view to adjusting the amount allocated to
implementing the programme in line with the results.

Article 4
Scientific cooperation on responsible fishing

1. 
The parties hereby undertake
to promote responsible fishing in Cape Verdean waters on the basis of the
principle of non-discrimination between the various fleets fishing in those
waters. All technical conservation measures which must be met in order for a
fishing licence to be issued, as specified in Annex 2 to this Protocol, shall
apply to all foreign industrial fleets operating in the Cape Verdean fishing zone under technical conditions similar to those applicable to the EU fleets.

2. 
During the period covered by
this Protocol, the European Union and the authorities of Cape Verde shall monitor the evolution of captures, the fishing effort and the state of fishery
resources in the Cape Verdean fishing zone with regard to all species covered
by the Protocol. In particular, the parties agree to improve data collection
and analysis, with a view to drawing up a national action plan for the
conservation and management of sharks in the Cape Verdean EEZ.

3. 
The parties shall comply
with the recommendations and resolutions of the International Commission for
the Conservation of Atlantic Tunas (ICCAT) regarding the responsible management
of fisheries.

4. 
In accordance with Article 4
of the Fisheries Partnership Agreement and on the basis of ICCAT
recommendations and resolutions and the best available scientific advice, the
parties shall consult each other within the Joint Committee set up under
Article 9 of the Fisheries Partnership Agreement before adopting, by mutual
agreement and if necessary after a scientific meeting, any measures aimed at
the sustainable management of fishery resources affecting the activities of EU
vessels.

5. 
Cape Verde undertakes to make public any agreement
authorising vessels flying a foreign flag to fish in waters under Cape Verdean jurisdiction, whilst taking into account any sensitive information such as the
financial conditions.

6. 
Given that pelagic sharks
may be among the species caught by the EU fleet in connection with tuna
fisheries, and in view of the vulnerability of these species as expressed in
ICCAT scientific opinions, any catches of the species in question by longline
vessels engaged in fishing under this Protocol require particular attention in
line with the precautionary principle. The parties shall cooperate with a view
to improving the availability and monitoring of scientific data relating to the
species caught.

To this end,
the parties shall set up a mechanism for strict monitoring of this fishery in
order to ensure sustainable exploitation of the resource. The monitoring
mechanism shall, in particular, be based on a quarterly exchange of data on shark
catches. If in the course of a year these catches exceed 30% of the reference
tonnage referred to in Article 2(2)(a), reinforced monitoring based on a
monthly exchange of data and consultation between the parties shall be set up.
If in the course of a year such catches exceed 40% of the reference tonnage
referred to above, the Joint Committee shall, where appropriate, adopt further
management measures setting a more adequate framework for the longliner fleet's
activities.

Furthermore,
the parties agree to take account of a study carried out by the European Union
with the participation of Cape Verdean scientific institutes, aimed at:

– analysing the condition of sharks and the
impact of fishing on local ecosystems;

– providing data on the migratory patterns of
shark species;

– identifying biologically and ecologically
vulnerable zones in Cape Verde and the tropical Atlantic.

The Joint
Committee may decide to adjust the monitoring mechanism referred to above to
take account of the results of this study.

Article 5
Review of fishing opportunities and technical
measures by mutual agreement within the Joint Committee

1. 
The Joint Committee may
review the fishing opportunities referred to in Article 1 and adjust them by
mutual agreement insofar as ICCAT recommendations and resolutions confirm that
the adjustment guarantees the sustainable management of the fishery resources
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
and the necessary amendments shall be made to this Protocol and to its Annex.

2. 
The Joint Committee may,
where necessary, examine and adapt by mutual agreement the provisions governing
the pursuit of fishing activities and the rules for implementing this Protocol
and the Annexes thereto.

Article 6
Landing incentives and promoting cooperation
between economic operators

1. 
The parties shall cooperate
with a view to improving landing options in Cape Verdean ports.

2. 
Financial landing incentives
as specified in the Annex shall be put into place.

3. 
The parties shall endeavour
to create conditions favourable to the promotion of relations between their
enterprises in the technical, economic and commercial spheres, by encouraging
the establishment of an environment favourable to the development of business
and investment.

Article 7
Suspension of the Protocol's implementation

1. 
The implementation of this
Protocol may be suspended at the initiative of one of the parties if one or
more of the following conditions apply:

(a)     unusual circumstances, as defined in
Article 7(3)(a) of the Fisheries Partnership Agreement, prevent fishing
activities in the Cape Verdean EEZ;

(b)     significant changes in the formulation
or implementation of the fisheries policy of either one of the parties
affecting the provisions of this Protocol;

(c)     activation of the consultation
mechanisms laid down in Article 96 of the Cotonou Agreement owing to violation
of one of the essential and fundamental elements of human rights and democratic
principles set out in Article 9 of that Agreement;

(d)     non-payment by the European Union of
the financial contribution provided for in Article 2(2)(a), for reasons other
than those provided for in Article 8 of this Protocol;

(e)     a serious and unresolved dispute
between the parties on the application or interpretation of this Protocol.

2. 
Where the application of the
Protocol is suspended for reasons other than those given in paragraph 1(c)
above, the party concerned shall be required to notify its intention in writing
at least three months before the date on which suspension is due to take
effect. Suspension of the Protocol for the reasons given in paragraph 1(c)
shall apply immediately after the suspension decision has been taken.

3. 
In the event of
suspension, the parties shall continue to consult with a view to finding an
amicable settlement to their dispute. Where such settlement is reached,
application of the Protocol shall resume and the amount of the financial
contribution shall be reduced proportionately and pro rata temporis
according to the period during which application of the Protocol was suspended.

Article 8
Suspension and review of the payment of the
financial contribution

1. 
The financial contribution,
as referred to in Article 2(2)(a) and (b), may be reviewed or suspended if one
or more of the following conditions apply:

(a)     unusual circumstances, other than
natural phenomena, prevent fishing activities in the Cape Verdean EEZ;

(b)     significant changes in the formulation
or implementation of the fisheries policy of either one of the parties
affecting the provisions of this Protocol;

(c)     activation of the consultation
mechanisms laid down in Article 96 of the Cotonou Agreement owing to violation
of one of the essential and fundamental elements of human rights and democratic
principles set out in Article 9 of that Agreement.

2. 
The European Union may
review or suspend, partially or totally, payment of the specific financial
contribution provided for in Article 2(2)(b) of this Protocol in the event of
failure to implement it or if the results obtained are inconsistent with the
programming, following an evaluation carried out by the Joint Committee.

3. 
Payment of the financial
contribution shall resume, after consultation and agreement between the
parties, as soon as the situation prior to the events referred to in
paragraph 1 has been re-established or if the results of the financial
implementation referred to in paragraph 2 so warrant. Nevertheless, the
specific financial contribution provided for in Article 2(2)(b) may not be
paid out beyond a period of six months after the Protocol expires.

Article 9
Electronic communication

1. 
Cape Verde and the European
Union undertake to install as soon as possible the computer systems required
for the electronic exchange of all the information and documents related to the
implementation of the Agreement.

2. 
Once the systems provided
for in paragraph 1 above are operational, the electronic version of a document
shall be considered to be the equivalent of a paper document in every respect.

3. 
Cape Verde 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 of the
Agreement shall then be automatically replaced by their paper version as specified
in the Annex.

Article 10
Satellite monitoring

Satellite monitoring of EU fishing vessels
under this Protocol shall take place in accordance with the provisions set out
in the Annex.

Article 11
Confidentiality of data

Cape Verde shall undertake that all
nominative data relating to EU vessels and their fishing activities obtained
within the framework of the Agreement will, at all times, be processed strictly
in accordance with the principles of confidentiality and data protection. Such
data shall be used exclusively for the purposes of implementing the Agreement.

Article 12
Applicable provisions of national law

1. 
The activities of EU fishing vessels operating
in Cape Verdean waters under this Protocol shall be governed by the legislation
in force in Cape Verde, in particular the provisions of the Cape Verdean
fisheries resources management plan, unless the Fisheries Partnership
Agreement, this Protocol and its Annex and Appendices provide otherwise.

2. 
The Cape Verdean authorities shall inform
the European Commission of any change or any new legislation relating to the
fishing sector.

Article 13
Duration

This Protocol and the Annex hereto shall
apply for a period of four years from the date of provisional application laid
down in Article 15, unless notice of termination is given under
Article 14.

Article 14
Termination

1. 
In the event of termination of this Protocol,
the party concerned shall notify the other party in writing of its intention to
terminate it at least six months before the date on which such termination
would take effect.

2. 
Dispatch of the notification referred to in
the previous paragraph shall give rise to consultations between the parties.

Article 15
Provisional application

This Protocol shall apply provisionally
from the date of signature.

Article 16
Entry into force

This Protocol with its Annex shall enter
into force on the date on which the parties notify each other that the
procedures necessary for that purpose have been completed.

ANNEX TO THE PROTOCOL

CONDITIONS
FOR THE PURSUIT OF FISHING ACTIVITIES BY EU VESSELS IN THE CAPE VERDEAN FISHING
ZONE

CHAPTER
I

GENERAL
PROVISIONS

1.         Designation
of the competent authority

For the purposes of this Annex and unless
otherwise indicated, any reference to the European Union (hereinafter EU) or to
Cape Verde as a competent authority shall mean:

– for the EU: the European Commission, where applicable via the EU
delegation to Cape Verde;

– for Cape Verde: the Ministry responsible for fisheries.

2.         Fishing
zone

The coordinates of the Cape Verdean EEZ are
set out in Appendix 1. EU vessels may carry out their fishing activities
beyond the limits laid down for each category in Appendix 2.

Cape Verde shall inform the vessel owners
of the coordinates of any zones closed to shipping and fishing when issuing the
fishing licence. The EU shall also be informed.

3.         Appointment
of a local agent

Any EU vessel which plans to land or
tranship in a Cape Verdean port must be represented by an agent resident in
Cape Verde.

4.         Bank
account

Cape Verde shall notify the EU before the
entry into force of the Protocol of the details of the bank account(s) into
which the financial sums payable by EU vessels under the Agreement should be
paid. The associated bank transfer costs shall be borne by the vessel owners.

CHAPTER
II

FISHING
LICENCES

1.         Condition
for obtaining a fishing licence – eligible vessels

Fishing licences under Article 6 of the
Agreement shall be issued on condition that the vessel is listed in the EU
register of fishing vessels and that all previous obligations of the vessel
owner, the master, or the vessel itself arising out of fishing activities in
Cape Verde under the Agreement have been met.

2.         Application
for a fishing licence

The EU shall submit to Cape Verde an
application for a fishing licence in respect of each vessel wishing to fish
under the Agreement at least 15 days before the start of the period of validity
requested, using the form in Appendix 3 to this Annex. The application must be
typed or legibly written in block capitals.

The following must be enclosed with each
initial application for a fishing licence under the current Protocol, or an
application submitted following a technical change to the vessel concerned:

(i)    proof of payment of the flat-rate fee for the period of
validity of the fishing licence requested, and the flat-rate contribution for
the observers referred to in Chapter X of this Annex;

(ii)   the name and address of the vessel's local agent, where there
is one;

(iii)  a recent colour photograph of the vessel, showing a lateral
view and at least 15 cm × 10 cm in size;

(iv)  any other document specifically required under the Agreement.

As regards renewal of a fishing licence
under the Protocol in force for a vessel the technical specifications of which
have not been modified, the renewal application need only be accompanied by
proof of payment of the fee and the flat-rate contribution towards the costs
relating to the observer.

3.         Fees
and advance payments

(a) The fees to be paid by the vessel
owners are calculated as follows:

– EUR 55 per
tonne caught in the Cape Verdean fishing zone during the first two years of
application;

– EUR 65 per
tonne caught in the Cape Verdean fishing zone during the last two years of
application.

(b) Fishing licences shall be issued once
the following anticipated flat-rate fees have been paid to the competent Cape
Verdean authorities:

For tuna seiners:

– EUR 4 950
per year during the first two years of application, i.e. the equivalent of
EUR 55 per tonne for 90 tonnes;

– EUR 5 525
per year during the last two years of application, i.e. the equivalent of
EUR 65 per tonne for 85 tonnes;

For pole-and-line vessels:

– EUR 495 per
year during the first two years of application, i.e. the equivalent of
EUR 55 per tonne for 9 tonnes;

– EUR 585 per
year during the last two years of application, i.e. the equivalent of
EUR 65 per tonne for 9 tonnes;

For surface longliners:

– EUR 3 190
per year during the first two years of application, i.e. the equivalent of
EUR 55 per tonne for 58 tonnes;

– EUR 3 250
per year during the last two years of application, i.e. the equivalent of
EUR 65 per tonne for 50 tonnes.

(c) The anticipated flat-rate fee shall
include all local and national taxes with the exception of port taxes,
transhipment taxes and charges for the provision of services. For the first and
the last year, the anticipated flat-rate fee and its equivalent in tonnes per
vessel shall be calculated pro rata temporis based on the number of
months covered by the licence.

4.         Provisional
list of vessels licensed to fish

Once it has received the fishing licence
applications, Cape Verde 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 supervising fishing, and to
the EU.

The EU shall forward the provisional list
to the vessel owner or to their agent. If the EU offices are closed, Cape Verde
may send the provisional list directly to the vessel owner or their agent with
a copy to the EU.

5.         Issue
of fishing licences

A fishing licence for tuna and tuna-like
species shall be issued by Cape Verde to the EU within 15 working days of
receiving the full application file.

Where a fishing licence is renewed during
the period in which the Protocol applies, the new fishing licence must contain
a clear reference to the initial fishing licence.

The EU shall forward the fishing licence to
the vessel owner or to their agent. If the EU offices are closed, Cape Verde
may issue the fishing licence directly to the vessel owner or their agent with
a copy to the EU.

6.         List
of vessels licensed to fish

Once the fishing licence is issued, Cape
Verde shall draw up immediately for each category of vessel the final list of
vessels which are licensed to fish in the Cape Verdean 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 fishing licence

Fishing licences shall be valid for one
year and be renewable.

In order to establish the start of the
period of validity, one year 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.

8.         Keeping
the fishing licence on board

The fishing licence must be kept on board
at all times.

However, vessels shall be permitted to fish
as soon as they are included on the provisional list referred to above. Vessels
must keep the provisional list on board until their fishing licence is issued.

9.         Transfer
of a fishing licence

A fishing licence shall be issued for a
given 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 fishing licence
shall be replaced by a new licence, issued for another similar vessel or a
substitute vessel.

The transfer shall involve the fishing
licence to be replaced being returned by the vessel owner or their agent in
Cape Verde, and Cape Verde drawing up the replacement licence as soon as
possible. The replacement licence shall be issued without further delay to the
vessel owner or their agent when the licence to be replaced is returned. The
replacement licence shall take effect on the day on which the licence to be
replaced is returned.

Cape Verde shall update the list of vessels
licensed 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.

10.       Support
vessels

Cape Verde shall authorise fishing vessels
to be assisted by support vessels, subject to adoption by Cape Verde of
legislation regulating the activity of such vessels.

CHAPTER
III

TECHNICAL
CONSERVATION MEASURES

Technical measures applicable to vessels
holding a fishing licence with respect to fishing zones, fishing gear and
by-catch are laid down for each category of fishing in the technical sheets in
Appendix 2 to this Annex.

The vessels shall comply with all the
recommendations adopted by the International Commission for the Conservation of
Atlantic Tunas (ICCAT).

In line with ICCAT's recommendations, the
parties shall endeavour to reduce the level of by-catches of turtles, seabirds
and other non-target species. The EU vessels shall release any such by-catches
in the interest of increasing the chance of survival of the species concerned.

CHAPTER
IV

CATCH
REPORTING ARRANGEMENTS

1.         Fishing
logbook

The master of an EU vessel fishing under
the Agreement shall keep a fishing logbook, for which the model for each
category of fishing is included in Appendix 4 to this Annex.

The fishing logbook shall be completed by
the master for each day the vessel is present in the Cape Verdean 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 declare the vessel's catch
by submitting to Cape Verde its fishing logbooks for the period of its presence
in the Cape Verdean fishing zone.

The fishing logbooks shall be transmitted
in one of the following ways:

(i)    when passing through a Cape Verdean port, the original of
each fishing logbook shall be submitted to the local representative of Cape
Verde, who shall confirm receipt thereof in writing;

(ii)   when leaving the Cape Verdean fishing zone without first
passing through a Cape Verdean 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 Cape Verdean zone:

(a) by letter sent to Cape Verde;

(b) or by fax, to the number given by Cape
Verde;

(c) or by e-mail.

As soon as Cape Verde is able to receive
catch declarations by e-mail, the master shall send the fishing logbooks to
Cape Verde at the e-mail address given by Cape Verde. Cape Verde shall confirm
receipt thereof immediately by return e-mail.

For tuna-fishing vessels and surface
longliners, the master shall also send a copy of all the fishing logbooks to
one of the following scientific institutes:

(i)    Institut
de recherche pour le développement (IRD);

(ii)   Instituto
Español de Oceanografía (IEO);

(iii)  Instituto
Português do Mar e da Atmosfèra (IPMA); or

(iv)  Instituto
Nacional de Desenvolvimento das Pescas (INDP).

The return of the vessel into the Cape
Verdean zone within the period of validity of its fishing licence shall give
rise to further catch reporting.

Where the provisions concerning catch
reporting are not complied with, Cape Verde may suspend the fishing 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, Cape Verde may refuse to
renew the fishing licence. Cape Verde shall inform the EU immediately of any
penalty applied in this context.

3.         Transition
to an electronic system

The parties agree to establish an
electronic logbook and a system for electronic reporting of catch data (ERS) in
accordance with the guidelines laid down in Appendix 6. The parties shall
establish together the details of how this system is to be implemented, with
the aim of making it operational from 1 September 2015.

4.         Final
statement of fees for tuna-fishing vessels and surface longliners

Until the electronic system provided for
under point 3 is in place, the Member States shall inform the EU not later than
15 June each year of the tonnages caught during the past year, as confirmed by
the scientific institutes referred to above. For each tuna-fishing vessel and
surface longliner, the EU shall draw up, on the basis of its catch reporting, 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 Cape
Verde and to the vessel owner before 31 July of the year in progress.

From the date the electronic system
provided for under point 3 becomes operational, the EU shall draw up for each
pole-and-line tuna vessel, tuna seiner and surface longliner, on the basis of
the logbooks archived at the 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 Cape Verde and to the
vessel owner before 31 March of the year in progress.

In both cases Cape Verde may, within 30
days of the day it was sent, 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 Cape Verde does not object within 30 days, the
final statement shall be considered to be adopted.

Where the final statement exceeds the
anticipated flat-rate fee paid to obtain the fishing licence, the vessel owner
shall pay the outstanding balance to Cape Verde by 30 September of the year in
progress. Where the final statement is less than the anticipated flat-rate fee,
the remaining amount may not be reclaimed by the vessel owner.

CHAPTER
V

LANDINGS
AND TRANSHIPMENTS

1.         Notification

The master of an EU vessel wishing to land
in a Cape Verdean port, or to tranship catch from the Cape Verdean zone, must
notify Cape Verde, at least 24 hours before the landing or transhipment, of the
following:

(a)     the name of the fishing vessel which
is to land or tranship;

(b)     the port of landing or transhipment;

(c)     the date and time scheduled for the
landing or transhipment;

(d)     the quantity (expressed in kilograms
of live weight or, if necessary, the number of individual fish) of each species
to be landed or transhipped (identified by its FAO alpha 3 code);

(e)     in the case of transhipment, the name
of the receiving vessel;

(f)     the health certificate of the
receiving vessel.

Any transhipment operation must be carried
out in the waters of a Cape Verdean port authorised for this purpose.
Transhipment at sea is prohibited.

Non-compliance with these provisions shall
lead to imposition of the relevant penalties provided for under Cape Verdean
legislation.

2. Landing incentives

In order to contribute to the development
of Cape Verde's fishing industry and enhance the economic and social impact of
the Agreement, in particular in the area of fish processing and adding value to
fishery products, the parties shall consult each other with a view to drawing
up a strategy aimed at increasing the rate of landings by the EU fleet.

Owners of vessels fishing for tuna shall
endeavour to land part of their catches from Cape Verdean waters. The landed
catch may be sold to local enterprises at a price set by negotiation between
the operators.

The implementation of the strategy aimed at
increasing the rate of landings and the good working order of the port and
processing infrastructure shall be subject to regular monitoring by the Joint
Committee, following consultation of the operators concerned.

Where EU vessels holding a fishing licence
under the provisions of this Protocol land tuna catches in a Cape Verdean port,
they shall be granted a reduction in the fee of EUR 10 per tonne landed. An
additional reduction of EUR 10 per tonne shall be granted where fishery
products are sold to a Cape Verdean processing factory. This mechanism shall
apply for up to a maximum of 50% of the final catch statement.

Proof of the landing and/or sale shall be
sent to the Directorate-General for Fisheries. Once these documents have been
approved, the vessel owners concerned will be informed by the EU of the amounts
to be refunded to them. The amounts shall be deducted from the fees due for
future licence applications.

CHAPTER
VI

CHECKS

1.         Entering
and leaving the zone

Any entry into or departure from the Cape
Verdean fishing zone of an EU vessel holding a fishing licence must be notified
to Cape Verde within six hours of the entry or departure.

When notifying its entry or exit, the vessel
shall mention 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 presentation of the products.

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 given by Cape Verde. Cape Verde 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 Cape
Verdean zone without having previously notified its presence shall be
considered to be an unlicensed fishing vessel.

2.         Inspection
at sea

Inspections at sea in the Cape Verdean zone
of EU vessels holding a fishing licence shall be carried out by vessels and
inspectors of Cape Verde who are clearly identified as being assigned to carry
out fishing checks.

Before going on board, the Cape Verdean
inspectors shall inform 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 Cape Verdean 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.

Cape Verde may authorise the EU to
participate in the inspection at sea as an observer.

The master of the EU vessel shall allow the
Cape Verdean inspectors to come on board and carry out their work.

At the end of each inspection, the Cape
Verdean inspectors shall draw up an inspection report. The master of the EU
vessel shall have the right to make 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 Cape Verdean inspectors shall give a
copy of the inspection report to the master of the EU vessel before leaving the
vessel. Cape Verde shall send a copy of the inspection report to the EU within
a period of eight days after the inspection.

3.         Inspection
in port

Inspections in port of EU vessels landing
or transhipping their catch from the Cape Verdean zone in the waters of a Cape
Verdean port shall be carried out by Cape Verdean inspectors who are clearly
identified as being assigned to carry out fishing checks.

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 Cape
Verdean 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 such a way as to minimise the impact on the vessel, the
landing or transhipment operation and the cargo.

Cape Verde may authorise the EU to
participate in the inspection in port as an observer.

The master of the EU vessel shall allow the
Cape Verdean inspectors to carry out their work.

At the end of each inspection, the Cape
Verdean inspector shall draw up an inspection report. The master of the EU
vessel shall have the right to make 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 Cape Verdean inspectors shall give a
copy of the inspection report to the master of the EU vessel at the end of the
inspection. Cape Verde shall send a copy of the inspection report to the EU
within a period of eight days after the inspection.

CHAPTER
VII

SATELLITE
MONITORING SYSTEM (VMS)

1.         Vessel
position messages – VMS system

Whilst they are in the Cape Verdean zone,
EU vessels holding a fishing 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 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, and

(e)     comply with the format set out in
Appendix 5 to this Annex.

The first position recorded after entry
into the Cape Verdean 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 departure from the Cape Verdean zone,
which shall be identified by the code ‘EXI’.

The FMC 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.

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 one month. After that period, the
vessel shall no longer be permitted to fish in the Cape Verdean zone.

Vessels fishing in the Cape Verdean zone
with a defective VMS must send 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 Cape Verde

The FMC of the flag State shall
automatically send the position messages of the vessels concerned to the FMC of
Cape Verde. The FMCs of the flag State and Cape Verde shall exchange their
contact e-mail addresses and inform each other without delay of any change to
these addresses.

The transmission of position messages
between the FMCs of the flag State and Cape Verde shall be carried out
electronically using a secure communication system.

The FMC of Cape Verde shall inform the FMC
of the flag State and the EU of any interruption in the receiving of
consecutive position messages from a vessel holding a fishing licence, where
the vessel concerned has not notified its departure from the zone.

4.         Malfunction
of the communication system

Cape Verde 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 sending and receiving 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 infringement shall be subject to the
penalties provided for by the Cape Verdean legislation in force.

5.         Revision
of the frequency of position messages

On the basis of documentary evidence
proving an infringement, Cape Verde 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 30 minutes for a set period of investigation. This documentary
evidence must be sent by Cape Verde to the FMC of the flag State and the EU.
The FMC of the flag State shall immediately send position messages to Cape
Verde at the new frequency.

At the end of the set investigation period,
Cape Verde shall inform the FMC of the flag State and the EU of any follow-up
which is required.

CHAPTER
VIII

INFRINGEMENTS

1.         Handling
of infringements

Any infringement committed by an EU vessel
holding a fishing licence under the provisions of this Annex must be mentioned
in an inspection report.

The signature of the inspection report by
the master shall be without prejudice to the vessel owner’s right of defence in
respect of the alleged infringement.

2.         Detention
of a vessel – information meeting

Where the Cape Verdean legislation in force
so provides with regard to the alleged infringement, the EU vessel concerned
may be forced to cease its fishing activity and, where the vessel is at sea, to
return to a Cape Verdean port.

Cape Verde shall notify the EU within 24
hours of any detention of an EU vessel holding a fishing licence. The
notification must be sent together with elements justifying the detention.

Before taking any measure against the
vessel, the master, the crew or the cargo, with the exception of measures aimed
at protecting evidence, Cape Verde 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 vessel's flag State may attend this information meeting.

3.         Penalties
for infringements – compromise procedure

The penalty for the alleged infringement
shall be set by Cape Verde according to the provisions of the national
legislation in force.

Where settling the infringement involves
legal proceedings, provided that the infringement does not involve a criminal
act, a compromise procedure shall be launched between Cape Verde and the EU
before the legal proceedings are instigated with a view to determining the
terms and level of the penalty. A representative of the vessel's flag State may
participate in this compromise procedure. The compromise procedure shall finish
at the latest three days after notification of the vessel's detention.

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 Cape Verde, the amount of which, as set by Cape Verde, covers the
costs linked to the detention of the vessel, the estimated fine and any
compensation. The bank security may not be released 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.

Cape
Verde shall inform the EU of the outcome of the legal proceedings within eight
days of the judgement being delivered.

5.         Release
of the vessel and the crew

The vessel and its crew shall be permitted
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.         Number
of seamen to sign on

During their fishing season in the Cape
Verdean zone, the EU vessels shall sign on Cape Verdean seamen, subject to the
following limits:

(a)     the tuna seiner fleet shall sign on at
least six seamen;

(b)     the pole-and-line tuna fleet shall
sign on at least two seamen;

(c)     the surface longliner fleet shall sign
on at least five seamen.

The owners of the EU vessels shall
endeavour to sign on additional Cape Verdean seamen.

2.         Free
choice of seamen

Cape Verde shall hold a list of Cape
Verdean seamen qualified to be signed on for EU vessels.

The vessel owner, or their agent, shall
choose freely from the list of Cape Verdean seamen to be signed on and shall
notify Cape Verde of their inclusion in the crew.

3.         Seamen's
contracts

The employment contract for Cape Verdean
seamen shall be drawn up by the vessel owner or their agent and the seaman,
represented by their union, if necessary. It shall be signed by the Cape
Verdean maritime authority. It shall stipulate in particular the date and port
of signing on.

The contract shall guarantee the seaman the
social security cover applicable to him in Cape Verde. It shall include life
assurance and sickness and accident insurance.

A copy of the contract shall be given to
the signatories.

The basic working rights laid down in the
declaration of the International Labour Organisation (ILO) shall be afforded to
Cape Verdean seamen. This concerns in particular the freedom of association and
effective recognition of the right to collective bargaining, and the
elimination of discrimination in respect of employment and occupation.

4.         Seamen's
wages

The wages of the Cape Verdean seamen shall
be paid by the vessel owner. They shall be set before the fishing licence is
issued by mutual agreement between the vessel owner or their agent and Cape
Verde.

The wages shall not be lower than those of
crews on national vessels, nor the level determined by the ILO.

5.         Seamen's
obligations

The seaman shall report to the master of
the vessel to which he has been appointed the day before the signing-on date
stipulated in the contract. The master shall inform the seaman of the date and
time of signing on. If the seaman withdraws or does not present himself at the
date and time stipulated for his signing on, his contract will be considered to
be null and void and the vessel owner will be automatically discharged from
their obligation to sign him on. In this case the vessel owner shall not be
liable to pay any financial penalty or compensation payment.

6.         Failure
to sign on Cape Verdean seamen

Owners of vessels which fail to sign on Cape
Verdean seamen shall be required to pay, before 30 September of the year
in progress, for each seaman above the number set at the start of this Chapter,
a flat rate of EUR 20 for each day their vessels are present in the Cape
Verdean zone.

CHAPTER
X

CAPE
VERDEAN OBSERVERS

1.         Observation
of fishing activities

Vessels holding a fishing licence shall be
subject to a scheme for observing their fishing activities carried out under
the Agreement.

This observation scheme shall conform to
the provisions provided for in the recommendations adopted by the International
Commission for the Conservation of Atlantic Tunas (ICCAT).

2.         Designated
vessels and observers

Cape Verde shall designate the EU vessels
which must allow an observer on board and the observer assigned to them at the
latest 15 days before the scheduled boarding date.

When the fishing licence is issued, Cape
Verde shall inform the EU and the vessel owner, or their agent, of the
designated vessels and observers and the times at which the observer will be
present on board each vessel. Cape Verde shall immediately inform the EU and
the vessel owner or their agent of any change in the designated vessels and
observers.

Cape Verde 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 on board during the fishing
season in question as part of their activities in fishing zones other than the
Cape Verdean 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 fee is paid, the vessel
owner shall pay Cape Verde 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 the Cape Verdean authorities.

5.         Conditions
on board

The conditions under which the observer is
taken on board, in particular the duration of their presence, shall be defined
by mutual agreement between the vessel owner or their agent and Cape Verde.

An observer shall be treated on board as an
officer. However, the observer's accommodation must take account of the
vessel's technical structure.

The vessel owner shall bear the costs of
providing accommodation and food for the observer on board.

The master shall take all the measures
within his area of responsibility that are required to ensure the observer's
physical safety and general wellbeing.

The observer shall be provided with every
facility needed to carry out their duties. He 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 on board the observer 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.         Observer's
boarding and leaving the vessel

The observer shall be taken on board in a
port chosen by the vessel owner.

The vessel owner or their agent shall
inform Cape Verde, with a notice period of 10 days before the observer is taken
on board, of the date and time and the port where the observer will be taken on
board. Where the observer is taken on board in a foreign country, their travel
costs shall be borne by the vessel owner and their travel costs to the port of
boarding shall be borne by the vessel owner.

If the observer does not present himself
for boarding within 12 hours of the date and time set, the vessel owner shall
be automatically discharged from their obligation to allow the observer on
board. The vessel shall be free to leave the port and start fishing operations.

Where the observer is not set ashore in a
Cape Verdean port, the vessel owner shall bear the costs of repatriating the
observer to Cape Verde as soon as possible.

8.         Observer’s
duties

The observer shall carry out the following
duties:

(a)     observe the fishing activities of the
vessel;

(b)     verify the position of the vessel
during fishing 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 Cape
Verdean zone recorded in the logbook;

(f)     verify the percentages of by-catches
and estimate the discarded catches;

(g)     send their observations by radio, fax
or e-mail at least once a week while the vessel is fishing in the Cape Verdean
zone, including the quantity of catches and by-catches on board.

9.         Observer’s
report

Before leaving the vessel, the observer
shall submit a report with his observations to the master of the vessel. The
master 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 Cape
Verde, which shall send a copy of it to the EU within eight days of setting the
observer ashore.

CHAPTER
XI

OPERATOR
LIABILITY

1. The operator shall ensure that its
vessels are seaworthy and contain adequate life safety equipment and survival
gear for each passenger and member of the crew.

2. The operator must have appropriate and
complete insurance cover for their vessel, provided by a recognised
international insurer.

3. Where an EU vessel is involved in a
marine accident or incident in Cape Verde that causes pollution or any other
kind of environmental damage, the vessel and its operator shall immediately
inform the Cape Verdean authorities. If the damage observed is caused by the
vessel belonging to the operator, the latter shall assume their responsibility
under the relevant national and international provisions and procedures.

APPENDICES TO THE ANNEX

Appendix 1 – Cape Verdean EEZ

Appendix 2 – Technical conservation
measures

Appendix 3 – Fishing licence application
form

Appendix 4 – Fishing logbook

Appendix 5 – Sending of VMS messages to
Cape Verde

Appendix 6 – Guidelines for managing and
implementing the electronic reporting system for fishing activities (ERS)

Appendix 1 – Cape Verdean EEZ

The Cape Verdean EEZ extends 200 nautical
miles from the following baselines:

Point || Latitude north || Longitude west || Island

A. || 14°48'43.17'' || 24°43'48.85'' || I. Brava

C-P1 a Rainha || 14°49'59.10'' || 24°45'33.11'' || -

C-P1 a Faja || 14°51'52.19'' || 24°45'09.19'' || -

D-P1 Vermelharia || 16°29'10.25'' || 24°19'55.87'' || S. Nicolau

E. || 16°36'37.32'' || 24°36'13.93'' || Ilhéu Raso

F-P1 a da Peça || 16°54'25.10'' || 25°18'11.00'' || Santo Antão

F. || 16°54'40.00'' || 25°18'32.00'' || -

G-P1 a Camarin || 16°55'32.98'' || 25°19'10.76'' || -

H-P1 a Preta || 17°02'28.66'' || 25°21'51.67'' || -

I-P1 A Mangrade || 17°03'21.06'' || 25°21'54.44'' || -

J-P1 a Portinha || 17°05'33.10'' || 25°20'29.91'' || -

K-P1 a do Sol || 17°12'25.21'' || 25°05'56.15'' || -

L-P1 a Sinagoga || 17°10'41.58'' || 25°01'38.24'' || -

M-Pta Espechim || 16°40'51.64'' || 24°20'38.79'' || S. Nicolau

N-Pta Norte || 16°51'21.13'' || 22°55'40.74'' || Sal

O-Pta Casaca || 16°50'01.69'' || 22°53'50.14'' || -

P-Ilhéu Cascalho || 16°11'31.04'' || 22°40'52.44'' || Boa Vista

P1-Ilhéu Baluarte || 16°09'05.00'' || 22°39'45.00'' || -

Q-Pta Roque || 16°05'09.83'' || 22°40'26.06'' || -

R-Pta Flamengas || 15°10'03.89'' || 23°05'47.90'' || Maio

S. || 15°09'02.21'' || 23°06'24.98'' || Santiago

T. || 14°54'10.78'' || 23°29'36.09'' || -

U-D. Maria Pia || 14°53'50.00'' || 23°30'54.50'' || I. de Fogo

V-Pta Pesqueiro || 14°48'52.32'' || 24°22'43.30'' || I. Brava

X-Pta Nho Martinho || 14°48'25.59 || 24°42'34.92'' || -

Y=A || 14°48'43.17'' || 24°43'48.85'' ||

Pursuant to the treaty signed on 17
February 1993 between the Republic of Cape Verde and Senegal, the maritime
border with Senegal is delineated by the following points:

Point    Latitude north             Longitude
west

A         13° 39' 00"                  20°
04' 25"

B         14° 51' 00"                  20°
04' 25"

C         14° 55' 00"                  20°
00' 00"

D         15° 10' 00"                  19°
51' 30"

E          15° 25' 00"                  19°
44' 50"

F          15° 40' 00"                  19°
38' 30"

G         15° 55' 00"                  19°
35' 40"

H         16° 04' 05"                  19°
33' 30"

Pursuant to the treaty signed on 19
September 2003 between the Republic of Cape Verde and the Islamic Republic of
Mauritania, the maritime border between the two countries is delineated by the
following points:

Point    Latitude north             Longitude
west

H         16° 04.0'                      019°
33.5'

I           16° 17.0'                      019°
32.5'

J           16° 28.5'                      019°
32.5'

K         16° 38.0'                      019°
33.2'

L          17° 00.0'                      019°
32.1'

M         17° 06.0'                      019°
36.8'

N         17° 26.8'                      019°
37.9'

O         17° 31.9'                      019°
38.0'

P          17° 44.1'                      019°
38.0'

Q         17° 53.3'                      019°
38.0'

R         18° 02.5'                      019°
42.1'

S          18° 07.8'                      019°
44.2'

T          18° 13.4'                      019°
47.0'

U         18° 18.8'                      019°
49.0'

V         18° 24.0'                      019°
51.5'

X         18° 28.8'                      019°
53.8'

Y         18° 34.9'                      019°
56.0'

Z          18° 44.2'                      020°
00.0'

Appendix 2 – Technical conservation measures

1.         Measures
applicable to all categories:

Prohibited species

In accordance with the Convention on
Migratory Species (CMS) and ICCAT resolutions, fishing for giant manta ray (Manta
birostris), basking shark (Cetorhinus maximus), white shark (Carcharodon
carcharias), bigeye thresher shark (Alopias superciliosus),
hammerhead sharks in the Sphyrnidae family (with the exception of the
bonnethead shark), oceanic whitetip shark (Carcharhinus longimanus) and
silky shark (Carcharhinus falciformis) is prohibited.

Fishing for whale shark (Rhincondon
typus) is prohibited in accordance with national Cape Verdean legislation.

Prohibition on removing shark fins:

It is prohibited to remove shark fins on
board vessels, and to retain on board, tranship or land shark fins. Without
prejudice to the above, in order to facilitate on-board storage, shark fins may
be partially sliced through and folded against the carcass, but may not be
removed from the carcass before landing.

Prohibition of transhipments at sea:

Transhipment at sea is prohibited. Any
transhipment operation must be carried out in the waters of a Cape Verdean port
authorised for this purpose.

2.         Specific
measures

SHEET 1: POLE-AND-LINE TUNA VESSELS

(1) Fishing zone: Beyond 12 nautical miles
from the base line

(2) Authorised gear: Pole and line

(3) Target species: Yellowfin tuna (Thunnus
albacares), bigeye tuna (Thunnus obesus) and skipjack tuna (Katsuwonus
pelamis)

By-catches: Compliance with ICCAT and FAO
recommendations.

SHEET 2: TUNA SEINERS

(1) Fishing zone: Beyond 18 nautical miles
from the base line, taking into account the archipelagic nature of the Cape
Verdean fishing zone.

(2) Authorised gear: Seine

(3) Target species: Yellowfin tuna (Thunnus
albacares), bigeye tuna (Thunnus obesus) and skipjack tuna (Katsuwonus
pelamis)

By-catches: Compliance with ICCAT and FAO
recommendations.

SHEET 3: SURFACE LONGLINERS

(1) Fishing zone: Beyond 18 nautical miles
from the base line

(2) Authorised gear: Surface longline

(3) Target species: Swordfish (Xiphias
gladius), blue shark (Prionace glauca), yellowfin tuna (Thunnus
albacares), bigeye tuna (Thunnus obesus)

By-catches: Compliance with ICCAT and FAO
recommendations.

3.         Updating

The parties shall consult each other within
the Joint Committee to update these technical conservation measures on the
basis of scientific recommendations.

Appendix 3 - Fishing licence application form

CAPE
VERDE – EUROPEAN UNION FISHING AGREEMENT

I - APPLICANT

1.         Name of applicant:

2.         Name of producer organisation
(PO) or vessel owner:

3.         Address of PO or vessel owner:

4.         Tel. No:...                                 Fax:                                    
E-mail:

5.         Master’s name:                      Nationality:
                          E-mail:

6.         Name and address of local agent:

II - VESSEL
IDENTIFICATION DETAILS

7.         Vessel name:

8.         Flag state:                                Port
of registry:

9.         External identification letters
and numbers:   MMSI:                                    IMO No.:

10.       Date of current flag registration
(DD/MM/YYYY): ......./......./.........

Previous flag
(if applicable):

11.       Place of construction:             Date
(DD/MM/YYYY) ......../......./......

12.       Radio call frequency: HF:                               VHF:

13.       Vessel satellite phone No.:                              IRCS:

III -
VESSEL TECHNICAL DETAILS

14.       Vessel LOA (mts):                                  BOA
(mts):

Tonnage (expressed in GT London):

15.       Engine type:                                              Engine
power (in kW):

16.       No of crew:

17.       Conservation method on board:         Ice
 ̈            Chilling  ̈                       Mixed
 ̈         Freezing  ̈

18.       Processing capacity per day (24h) in tonnes: No of fish
holds:         Total capacity of fish holds (m3):

19.       VMS Details of the automatic
location device:

Manufacturer:                                      
Model:     Serial number:

Software version:                                                  Satellite
operator (MCSP):

IV -
FISHING ACTIVITY

20.       Fishing gear authorised:  ̈ purse-seine      ̈ longline         ̈ pole-and-line

21.       Place for landing catch:

22.       License period requested from (DD/MM/YYYY): ........ / ....... /
...... to ......./ ........ / .......

I the undersigned, hereby certify
that the information provided in this application is true and correct and given
in good faith.

Done at ________________________________________,
on ........ / ....... / .......

Applicant’s signature:

_______________________________________________________________

Appendix 4 – Fishing logbook

|| || Longline Live bait Purse seine Trawl Other ||

||

|| || || || || || || || || || ||

Vessel name: ............................................................................... || Gross tonnage:            ...................................................................................... || Vessel DEPARTED: Vessel RETURNED: || Month || Date || Year || Port || || ||

Flag country: ......................................................................................................... || Capacity – (MT): ........................................................... || || || || || || ||

||

Registration No:           ........................................................................................................... || Master: ................................................................... || || || ||

Vessel owner: ............................................................................................ || No of crew:  ..................................................................................... || || || || || || || ||

Address: ........................................................................................ || Reporting date: ............................................................ || || ||

|| (Reported by):            ....................................................................................... || No of days at sea: || || No of fishing days: No of sets made: || || Trip number: || ||

||

||

|| ||

Date || Area || Surface water temp (oC) || Fishing effort No of hooks used || Catches || Bait used ||

Month || Date || Latitude N/S || Longitude E/W || Bluefin tuna Thunnus thynnus or maccoyii || Yellowfin tuna Thunnus albacares || (Bigeye tuna) Thunnus obesus || (Albacore) Thunnus alalunga || (Swordfish) Xiphias gladius || (Strip marlin) (White marlin) Tetraptunus audax or albidus || (Black marlin) Makaira indica || (Sailfish) Istiophorus albicans or platypterus || Skipjack Katsuwonus pelamis || (Miscellaneous fish) || Daily total (weight in kg only) || Saury || Squid || Live bait || (Other) ||

|| || || || || || qty || weight kg || qty || kg || qty || kg || qty || kg || qty || kg || qty || kg || qty || kg || qty || kg || qty || kg || qty || kg || qty || kg || || || || ||

|| || || || || || || || || || || || || || || || || || || || || || || || || || || || || || || ||

|| || || || || || || || || || || || || || || || || || || || || || || || || || || || || || || ||

|| || || || || || || || || || || || || || || || || || || || || || || || || || || || || || || ||

|| || || || || || || || || || || || || || || || || || || || || || || || || || || || || || || ||

|| || || || || || || || || || || || || || || || || || || || || || || || || || || || || || || ||

|| || || || || || || || || || || || || || || || || || || || || || || || || || || || || || || ||

LANDING WEIGHT (IN KG) || || || || || || || || || || || || || || || || || || || || || || || || || || || ||

Comments || || || || ||

1 – Use one sheet per month and one line per day. || || 2 – ‘Day’ refers to the day you set the line. || 4 - The last line (landing weight) should be completed only at the end of the trip. Actual weight at the time of unloading should be recorded. || ||

. || || 3 - Fishing area refers to the position of the vessel. Round off minutes and record degree of latitude and longitude. Be sure to record N/S and E/W. || || 5 - All information reported herein will be kept strictly confidential. || || ||

Appendix 5 – Sending of VMS messages to Cape Verde

POSITION REPORT

Data element || Code || Mandatory/optional || Comments

Start record || SR || M || System detail – indicates start of record

Addressee || AD || M || Message detail – addressee. Alpha-3 ISO country code

From || FS || M || Message detail – sender. Alpha-3 ISO country code

Type of message || TM || M || Message detail - Message type 'POS'

Radio call sign || RC || M || Vessel detail – international radio call sign of vessel

Contracting Party internal reference number || IR || O || Vessel detail – unique Contracting Party number (flag State ISO‑3 code followed by number)

External registration number || XR || O || Vessel detail – number marked on side of vessel

Flag State || FS || O || Flag State detail

Latitude || LA || M || Vessel position detail – position in degrees and minutes N/S DDMM (WGS‑84)

Longitude || LO || M || Vessel position detail – position in degrees and minutes E/W DDMM (WGS‑84)

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 ‑ indicates end of record

Character set: ISO 8859.1

Each data transmission is structured as
follows:

a double slash (//) and the code 'SR' indicate
the start of the message;

a double slash (//) and a code indicate the
start of a data element;

a single slash (/) separates the code and the
data;

pairs of data are separated by a space;

the code 'ER' and a double slash (//) at the
end indicate the end of a record.

Optional data elements have to be inserted
between the start and end of the record.

Appendix 6 – Guidelines for managing and implementing the electronic
reporting system for fishing activities (ERS)

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 on the vessel’s fishing activities, hereinafter referred
to as ‘ERS data’, when the vessel is operating in the Cape Verdean fishing
zone.

2.         An EU vessel that is not equipped with an ERS, or whose
ERS is not working, shall not be permitted to enter the Cape Verdean fishing
zone in order to engage in fishing activities.

3.         ERS data shall be transmitted in accordance with these
guidelines to the Fisheries Monitoring Centre (hereinafter: FMC) of the flag
State, which will make them automatically available to the Cape Verdean FMC.

4.         The flag State and Cape Verde shall ensure that their
FMCs have the necessary IT equipment and software to automatically
transmit ERS data in xml format, [available via
http://ec.europa.eu/cfp/control/codes/index_en.htm] and a backup procedure in
place capable of saving and storing ERS data in a format which will be
computer-readable for at least three years.

5.         Any change or update to the format referred to in point 3
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 Cape Verde 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 FMC of the flag State and that of Cape Verde
shall notify each other of the contact details (name, address, telephone and
telex numbers and email) of their ERS correspondents.

(c) 
Any changes to the contact details of the ERS
correspondent must be notified immediately.

Producing and sending ERS data

8.         EU fishing vessels must:

(a) 
draw up ERS data on a daily basis for each day
spent in the Cape Verdean fishing zone;

(b) 
record, for each seine tow or set of a longline,
the quantities of each species caught and kept on board as a target species or
bycatch, or rejected;

(c) 
declare the bad catch of each species specified
in the fishing licence issued by Cape Verde;

(d) 
identify each species by its FAO alpha 3 code;

(e) 
express quantities in kilograms of live weight
or, where necessary, the number of individual fish;

(f) 
record, in the ERS data, the transhipped and/or
landed quantity of each species specified in the fishing licence issued by Cape
Verde;

(g) 
record in the ERS data, every time Cape Verdean
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 licence issued by Cape Verde;

(h) 
transmit ERS data on a daily basis to the FMC of
the flag State using the format referred to in paragraph 3 above, by 23:59 UTC
at the latest.

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 Cape Verdean FMC.

11.       The Cape Verdean 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 their agent, of any technical failure of
the ERS installed on board or any breakdown in transmission of ERS data between
the vessel and the FMC of the flag State.

13.       The flag State shall inform Cape Verde 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 ten
days. If the vessel makes a call at a port within those ten days, it may only
resume fishing activity in the Cape Verdean fishing zone once its ERS is in
perfect working order, unless Cape Verde 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 again, to the
satisfaction of the flag State and Cape Verde, or

(b) 
if the vessel does not resume fishing in the
Cape Verdean fishing zone, it is authorised to do so by the flag State. In the
latter case, the flag State shall inform Cape Verde of its decision before the
vessel leaves.

16.       Any EU vessel operating in the Cape Verdean fishing zone
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 Cape Verdean FMC.

17.       ERS data which could not be made available to Cape Verde
via the ERS owing to the failure referred to in paragraph 12 shall be
transmitted by the FMC of the flag State to the Cape Verdean 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 Cape Verdean FMC does not receive ERS data from a
vessel for three consecutive days, Cape Verde may instruct the vessel to
immediately call at a port of its choosing in order to investigate.

FMC failure – ERS data not received
by Cape Verdean FMC

19.       In the event that ERS data are not received by an FMC, its
ERS correspondent shall immediately inform the ERS correspondent for the other
FMC and, if necessary, they shall work together in order to solve the problem.

20.       The FMC of the flag State and the FMC of Cape Verde shall
mutually agree on the alternative means of electronic communication to be used
in order to transmit ERS data in the event of a FMC failure, and shall immediately
inform one another of any changes.

21.       If the Cape Verdean FMC reports that ERS data have not
been received, the FMC of the flag State shall identify the causes of the
problem and take appropriate measures in order to resolve it. The FMC of the flag
State shall inform the Cape Verdean 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 to resolve the
problem, the FMC of the flag State shall immediately transmit the missing ERS
data to the Cape Verdean FMC via one of the alternative means of electronic
communication referred to in point 17.

23.       Cape Verde shall inform its competent monitoring services
(CMS) in order that EU vessels are not considered by the Cape Verdean FMC to be
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 on unplanned maintenance work
shall be sent to the other FMC as soon as possible.

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.       Cape Verde shall inform its competent monitoring services
(CMS) in order that EU vessels are not considered by the Cape Verdean FMC to be
in violation of their obligations for not transmitting ERS data owing to the
maintenance of an FMC.

Routing of ERS data to Cape Verde

28.       ERS data from the flag State to Cape Verde 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) in paragraph 6 above.

29.       The data will be stored to permit authorised staff of the
European Commission to consult them for the purposes of managing the fishing
activities of the EU fleet.

ANNEX

to the proposal for a

COUNCIL DECISION

on the conclusion of the Protocol
setting out the fishing opportunities and the financial contribution provided
for in the Fisheries Partnership Agreement between the European Community and
the Republic of Cape Verde
Protocol setting out the fishing opportunities and the financial contribution
provided for by the Fisheries Partnership Agreement between the European Union
and the Republic of Cape Verde

(1)        The Commission shall be authorised to negotiate with the Republic of Cape Verde where appropriate and, subject to complying with paragraph 3 of
this Annex, approve amendments to the Protocol in respect of the following
issues:

(a)     review of fishing opportunities in accordance with Article 5
of the Protocol;

(b)     decision on the rules on sectoral support in accordance with
Article 3 of the Protocol;

(c)     adapting the provisions governing the pursuit of fishing
activities and the rules for implementing the Protocol and its Annexes in
accordance with Article 5(2) of the Protocol.

(2)        In the Joint Committee set up under Article 9 of the
Fisheries Partnership Agreement, the Union shall:

(a)     act in accordance with the objectives pursued by the Union within the framework of the Common Fisheries Policy;

(b)     follow the Council Conclusions of 19 March 2012 on a
Communication on the external dimension of the Common Fisheries Policy,

(c)     promote positions that are consistent with the relevant
rules adopted by Regional Fisheries Management Organisations.

(3)        When a decision on amendments to the Protocol as referred
to in paragraph 1 is expected to be adopted during a Joint Committee meeting,
the necessary steps shall be taken in order that the position to be expressed
on the Union's behalf take account of the latest statistical, biological and
other relevant data transmitted to the Commission.

To this effect
and based on that information, a document setting out the particulars of the
proposed Union position shall be transmitted by the Commission services, in
sufficient time before the relevant Joint Committee Meeting, to the Council or
to its preparatory bodies for consideration and approval.

In respect of
issues referred to in paragraph 1(a), the approval of the envisaged Union
position by the Council shall require a qualified majority of votes. In the
other cases, the Union position envisaged in the preparatory document shall be
deemed to be agreed, unless a number of Member States equivalent to a blocking
minority objects during a meeting of the Council's preparatory body or within
20 days from receipt of the preparatory document, whichever occurs
earlier. In case of such objection, the matter shall be referred to the
Council.

If, in the
course of further meetings, including on the spot, it is impossible to reach an
agreement in order for the Union position to take account of new elements, the
matter shall be referred to the Council or its preparatory bodies.

The Commission
is invited to take, in due time, any steps necessary as a follow-up to the
decision of the Joint Committee, including, where appropriate, publication of
the relevant decision in the Official Journal of the European Union and
submission of any proposal required for the implementation of that decision.