EN Official Journal of the European Union L 76/1

COUNCIL DECISION

of 24 January 2005

on the conclusion of the Agreement in the form of an Exchange of Letters concerning the provisional application of the Protocol setting out, for the period from 1 July 2004 to 30 June 2007, the fishing opportunities and financial contribution provided for in the Agreement between the European Economic Community and the Republic of Côte d'Ivoire on fishing off the coast of Côte d'Ivoire

(2005/213/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 37, in conjunction with the first subparagraph of Article 300(2) thereof,

Having regard to the proposal from the Commission,

Whereas:

(1) Under the terms of the Agreement between the European Economic Community and the Republic of Côte d'Ivoire on fishing off the coast of Côte d'Ivoire (1), before the expiry of the Protocol to the Agreement the contracting parties are to negotiate in order to agree the content of the Protocol for the following period and any changes or additions to be made to the Annex.

(2) The two parties negotiated, between 9 and 13 November 2003 in Abidjan, a new Protocol setting out the fishing opportunities and financial contribution. This Protocol for the period from 1 July 2004 to 30 June 2007 was initialled on 3 March 2004 in Brussels.

(3) Under the Protocol, Community fishermen enjoy fishing opportunities in waters under the sovereignty or jurisdiction of Côte d'Ivoire from 1 July 2004 to 30 June 2007.

(4) The new Protocol must be applied at the earliest opportunity if fishing activities by Community vessels are not to be interrupted. To that end, the two parties initialled an Agreement in the form of an Exchange of Letters providing for the provisional application of the initialled Protocol from the day following that on which the Protocol in force expired.

(5) The method of allocating the fishing opportunities among the Member States should be defined on the basis of the traditional allocation of fishing opportunities under the Fisheries Agreement.

(6) The Agreement in the form of an Exchange of Letters should be approved, subject to its definitive conclusion by the Council,

HAS DECIDED AS FOLLOWS:

Article 1

The Agreement in the form of an Exchange of Letters concerning the provisional application of the Protocol setting out, for the period from 1 July 2004 to 30 June 2007, the fishing opportunities and financial contribution provided for in the Agreement between the European Economic Community and the Republic of Côte d'Ivoire on fishing off the coast of Côte d'Ivoire is hereby approved on behalf of the Community.

The texts of the Agreement in the form of an Exchange of Letters and of the Protocol are attached to this Decision.

Article 2

1. The fishing opportunities set out in the Protocol shall be allocated among the Member States as follows:

(a) demersal species: Spain: 1 300 GT (gross tonnage) per month, averaged over the year;

(b) tuna fishing vessels: (i) tuna seiners — France: 17 vessels — Spain: 17 vessels (ii) surface longliners — Spain: 6 vessels — Portugal: 5 vessels (iii) pole-and-line tuna vessels — France: 3 vessels.

2. If licence applications from these Member States do not exhaust the fishing opportunities set out in the Protocol, the Commission may consider licence applications from any other Member State.

Article 3

Member States which have vessels fishing under the present Agreement shall notify to the Commission the quantities of each stock taken in the Côte d'Ivoire fishing zone, in accordance with Commission Regulation (EC) No 500/2001 of 14 March 2001 laying down detailed rules for the application of Council Regulation (EEC) No 2847/93 on the monitoring of catches by Community fishing vessels in third country waters and on the high seas (2).

Article 4

The President of the Council is hereby authorised to designate the persons empowered to sign the Agreement in the form of an Exchange of Letters in order to bind the Community.

Done at Brussels, 24 January 2005. For the Council The President F. BODEN

(1) OJ L 379, 31.12.1990, p. 3. Agreement as last amended by the Protocol setting out, for the period 1 July 2000 to 30 July 2003, the fishing opportunities and financial contribution provided for in the Agreement between the European Economic Community and the Republic of Côte d'Ivoire on fishing off the coast of Côte d'Ivoire (OJ L 102, 12.4.2001, p. 3).

(2) OJ L 73, 15.3.2001, p. 8.

EN Official Journal of the European Union L 76/3

AGREEMENT IN THE FORM OF AN EXCHANGE OF LETTERS

concerning the provisional application of the protocol setting out, for the period from 1 July 2004 to 30 June 2007, the fishing opportunities and financial contribution provided for in the agreement between the European Economic Community and the Republic of Côte d'Ivoire on fishing off the coast of Côte d'Ivoire

Sir,

With reference to the Protocol initialled on 3 March 2004 in Brussels setting out the fishing opportunities and financial contribution for the period from 1 July 2004 to 30 June 2007, I have the honour to inform you that the Government of Côte d'Ivoire is prepared to apply the Protocol provisionally, with effect from 1 July 2004, pending its entry into force in accordance with Article 10 of the said Protocol, provided that the European Community is disposed to do likewise.

Accordingly, the first instalment of the financial contribution specified in Article 3 of the Protocol is to be paid by 31 December 2004.

I should be obliged if you would confirm the European Community's agreement to such provisional application.

I should be obliged if you would acknowledge receipt of this letter.

Please accept, Sir, the assurance of my highest consideration.

For the Government of Côte d'Ivoire

I have the honour to acknowledge receipt of your letter of today's date which reads as follows:

‘With reference to the Protocol initialled on 3 March 2004 in Brussels setting out the fishing opportunities and financial contribution for the period from 1 July 2004 to 30 June 2007, I have the honour to inform you that the Government of Côte d'Ivoire is prepared to apply the Protocol provisionally, with effect from 1 July 2004, pending its entry into force in accordance with Article 10 of the said Protocol, provided that the European Community is disposed to do likewise. Accordingly, the first instalment of the financial contribution specified in Article 3 of the Protocol is to be paid by 31 December 2004. I should be obliged if you would confirm the European Community's agreement to such provisional application.’

I have the honour to confirm the European Community's agreement to such provisional application.

Please accept, Sir, the assurance of my highest consideration.

On behalf of the Council of the European Union

PROTOCOL

setting out, for the period from 1 July 2004 to 30 June 2007, the fishing opportunities and financial contribution provided for in the agreement between the European Economic Community and the Republic of Côte d'Ivoire on fishing off the coast of Côte d'Ivoire

Article 1

1. From 1 July 2004, and for a period of three years, fishing opportunities pursuant to Article 2 of the Agreement shall be as follows:

(a) freezer trawlers designed to fish demersal species, taking deepwater crustaceans, cephalopods and demersal fish: an annual average of 1 300 GT (1) (gross tonnage) per month;

(b) pole-and-line tuna vessels: 3 vessels;

(c) surface longliners: 11 vessels;

(d) tuna seiners: 34 vessels.

2. Under Article 4(1) of the Agreement, vessels flying the flag of a Member State of the European Community may fish in the Côte d'Ivoire fishing zone only if they are in possession of a fishing licence issued under this Protocol in accordance with the arrangements described in the Annex.

Article 2

The fishing opportunities referred to in Article 1 may be increased by mutual agreement at the request of the Community if they do not thereby compromise the rational exploitation of the resources of Côte d'Ivoire.

In this case the financial contribution referred to in Article 3(1) shall be increased proportionately and pro rata temporis.

Article 3

1. The financial contribution for the fishing opportunities laid down in Article 1 and the support for the sectoral fisheries policy laid down in Article 4 shall be EUR 1 065 000 per year.

2. The financial contribution for tuna fishing shall cover a catch of 9 000 tonnes a year in Côte d'Ivoire waters. If the tuna caught by Community vessels in the Côte d'Ivoire fishing zone exceeds this weight, the amount referred to above shall be proportionately increased. However, the total amount of the financial contribution paid by the Community shall not be more than twice the amount indicated in paragraph 1.

3. The annual financial contribution shall be payable by 31 December each year of the Protocol at the latest. The Côte d'Ivoire Government shall have full discretion regarding the use to which this financial contribution is put, in line with the specifications in Article 4.

Article 4

1. The two parties shall agree on the objectives to be achieved regarding the sustainable management of Côte d'Ivoire fish stocks. The financial contribution provided for in Article 3(1) shall be earmarked for financing measures aimed at achieving these objectives, as laid down in the Côte d'Ivoire Government's multiannual sectoral programme, by way of indication, and in accordance with the following breakdown:

(a) scientific programmes, including a scientific trawl survey carried out by an oceanographic vessel and designed to promote better understanding of fishery and biological resources in the Côte d'Ivoire fishing zone: EUR 200 000;

(b) support for fisheries monitoring, inspection and surveillance, including the introduction of a satellite-based vessel monitoring system (VMS) before the end of the second year of validity of this Protocol: EUR 280 000;

(c) improved fisheries statistics: EUR 100 000;

(d) aid for the Ministère de la Production Animale et des Ressources Halieutiques of Côte d'Ivoire (‘Ministry’) responsible for fisheries for drawing up fisheries development policies and strategies: EUR 485 000.

2. During the first year of validity of this Protocol, the measures defined under Article 4(1), and the annual amounts allocated to them, shall be decided by the Ministry in accordance with the multiannual sectoral programme. This programme, which is to be submitted to the Delegation of the European Commission in Côte d'Ivoire not later than 1 October 2004, must be approved by the joint committee provided for in Article 10 of the Agreement.

From the second year of validity of the Protocol onwards the Ministry is to submit to the Delegation of the European Commission in Côte d'Ivoire, not later than 1 October 2005 and 1 October 2006, a detailed report on the implementation of the programme and of the results achieved.

The measures provided for in Article 4(1) or the related amounts may be amended by mutual agreement between both parties.

Following approval, by the joint committee, of the multiannual sectoral programme for the first year of validity of the Protocol, and of the implementation report for the following two years, the annual amounts shall be paid not later than 31 December each year into the bank account communicated by the Ministry and approved by the European Commission.

The joint committee shall meet not later than four months after the anniversary date of the Protocol, i.e. not later than 1 November of each year of validity of the Protocol.

The European Commission may ask the Ministry for any additional information which may be considered necessary.

Article 5

If the Community fails to make the payments provided for under Articles 3 and 4, the obligations of Côte d'Ivoire resulting from the Fisheries Agreement may be suspended.

Article 6

Where severe circumstances not attributable to natural phenomena prevent the exercise of fishing activities in the Côte d'Ivoire fishing zone, the European Community may suspend payment of the financial contribution following prior consultations between the two parties.

Payment of the financial contribution shall be resumed as soon as normality is restored and after consultations between the two parties confirm that the situation is likely to permit a return to fishing activities.

The validity of the licences granted to Community vessels under Article 4 of the Agreement shall be extended by a period equal to the period during which fishing activities were suspended.

Article 7

The Annex to the Agreement between the European Economic Community and the Republic of Côte d'Ivoire on fishing off the coast of Côte d'Ivoire shall be replaced by the Annex to this Protocol.

Article 8

The European Commission and the Côte d'Ivoire authorities shall take all the necessary measures to assess the state of fisheries resources.

A joint scientific committee shall be set up for that purpose. This committee shall meet regularly, at least once each year, and shall be made up of scientists selected by mutual agreement by both parties.

On the basis of the conclusions of the scientific committee and in the light of the best available scientific advice, the two parties shall hold consultations in the joint committee provided for in Article 10 of the Agreement with a view to adapting, by mutual agreement, the fishing opportunities and conditions where necessary.

Article 9

The ILO Declaration on Fundamental Principles and Rights at Work shall apply as of right to seamen signed on by European Community vessels. This concerns in particular the freedom of association and the effective recognition of the right to collective bargaining, and the elimination of discrimination in respect of employment and occupation.

Local seamen's employment contracts, a copy of which shall be given to the signatories, shall be drawn up between the vessel-owners’ representative(s) and the seamen and/or their trade unions or their representatives in consultation with the responsible local authorities. These contracts shall guarantee the seamen the social security cover applicable to them, including life assurance and sickness and accident insurance. The wage conditions granted to local seamen/fishermen shall not be lower than those applied to crews from the State signing the fisheries agreement and shall under no circumstances be below ILO standards.

Where the employer is a local company, the employment contract shall specify the names of the vessel-owner and the flag State.

Furthermore, vessel-owners shall guarantee living and working conditions similar to those enjoyed by the European Community seamen to the local seamen who are recruited.

Article 10

This Protocol shall enter into force on the date of its signing.

It shall apply from 1 July 2004.

(1) As defined by Council Regulation (EC) No 2371/2002 of 20 December 2002 (OJ L 358, 31.12.2002, p. 59).