Proposal for a Council Regulation (EC) on the conclusion of the Protocol establishing the fishing rights and financial compensation provided for in the Agreement between the European Economic Community and the Republic of Cape Verde on fishing off the coast of Cape Verde for the period from 6 September 1997 to 5 September 2000 (97/C 346/05) COM(97) 521 final - 97/0270(CNS)

(Submitted by the Commission on 24 October 1997)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 43 thereof in conjunction with the first sentence of Article 228 (2) and the first subparagraph of Article 228 (3),

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament (1),

Whereas, pursuant to the Agreement between the European Economic Community and the Republic of Cape Verde on fishing off the coast of Cape Verde (2), the two parties conducted negotiations to determine the amendments or additions to be made to the Agreement at the end of the period of application of the Protocol annexed thereto;

Whereas, as a result of those negotiations, a new Protocol establishing the fishing rights and financial compensation provided for in the abovementioned Agreement for the period 6 September 1997 to 5 September 2000 was initialled on 10 July 1997;

Whereas, it is in the Community's interest to conclude this Protocol,

HAS ADOPTED THIS REGULATION:

Article 1

The Protocol establishing the fishing rights and financial compensation provided for in the Agreement between the European Economic Community and the Republic of Cape Verde on fishing off the coast of Cape Verde for the period from 6 September 1997 to 5 September 2000 is hereby approved on behalf of the Community.

The text of the Protocol is attached to this Regulation.

Article 2

The fishing possibilities provided for in the Protocol shall be allocated among the Member States as follows:

- freezer tuna seiners:

France: 19 vessels

Spain: 18 vessels

- pole-and-line tuna vessels:

France: 8 vessels

Spain: 2 vessels

- surface longliners:

Spain: 18 vessels

Portugal: 8 vessels

- bottom longliners:

Portugal: 3 vessels.

If licence applications from those Member States do not exhaust the fishing possibilities provided for in the Protocol, the Commission may consider licence applications from any other Member State.

Article 3

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

Article 4

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

This Regulation shall be binding in its entirety and directly applicable in all Member States.

(1) OJ C 89, 10. 4. 1995.

(2) OJ L 212, 9. 8. 1990, p. 1.

PROTOCOL establishing the fishing rights and financial compensation provided for in the Agreement between the European Economic Community and the Republic of Cape Verde on fishing off the coast of Cape Verde

Article 1

Pursuant to Article 2 of the Agreement, and for a period of three years from 6 September 1997, the following fishing possibilities shall be accorded:

A. highly migratory species:

1. freezer tuna seiners: 37 vessels,

2. pole-and-line tuna vessels: 10 vessels,

3. surface longliners: 26 vessels;

B. other species:

1. bottom longliners: three vessels, each with a tonnage of less than 210 GRT.

Article 2

1. For the period referred to in Article 1, the financial compensation referred to in Article 7 of the Agreement shall be ECU 1 086 000, payable in three equal annual instalments.

In the case of tunafishing, this compensation shall cover a catch weight in waters of Cape Verde of 5 000 tonnes of tuna fished per year. If the annual amount of tuna caught by Community vessels in the waters of Cape Verde exceeds this quantity, the abovementioned compensation shall be increased by ECU 50 for each additional tonne caught.

2. The use to which this compensation is put shall be the sole responsibility of the Cape Verdean authorities.

3. The compensation shall be paid into an account opened with a financial institution or any other body designated by the Cape Verdean authorities.

Article 3

The Community shall also contribute during the period referred to in Article 1 the sum of ECU 267 440 towards the financing of a Cape Verde scientific or technical programme (equipment, infrastructure, seminars, studies, etc.) to improve information on the fishery resources within the exclusive economic zone of Cape Verde.

This sum shall be made available to the Ministry of Fisheries of Cape Verde and paid into the bank account indicated by the Office.

The authorities of Cape Verde shall send to the Commission a brief report on the utilization of the funds.

Article 4

1. The two Parties agree that improving the skills and knowledge of those involved in sea fishing is a vital element in the success of their cooperation. To that end, the Community shall make it easier for nationals of Cape Verde to find places in establishments in its Member States and shall provide for that purpose awards for study and practical training in the various scientific, technical and economic disciplines relating to fisheries. The awards may also be used in any country linked to the Community by a cooperation agreement.

2. The total cost of the awards may not exceed ECU 178 300. At the request of the Cape Verdean authorities, part of this sum may be used to cover the costs of participation in international meetings or training courses concerning fisheries. The sum shall be payable as and when it is used.

Article 5

Should the Community fail to make the payments provided for in Articles 2 and 3, the application of this Protocol may be suspended.

Article 6

The Annex to the Agreement between the European Economic Community and the Republic of Cape Verde on fishing off the coast of Cape Verde is hereby repealed and replaced by the Annex to this Protocol.

Article 7

This Protocol with its Annex shall enter into force on the date of its signature.

It shall apply from 6 September 1997.

ANNEX

CONDITIONS FOR THE EXERCISE OF FISHING ACTIVITIES BY COMMUNITY VESSELS IN THE CAPE VERDE FISHING ZONE

A. Licence application and issuing formalities

1. The Community authorities shall present to the Office of the Ministry of Fisheries of Cape Verde, via the Delegation of the European Commission in Cape Verde, an application for each vessel that is to be used for fishing pursuant to the Agreement, at least 15 days before the date of commencement of the period of validity requested.

The applications shall be made on the forms provided for that purpose by the Office of the Ministry of Fisheries of Cape Verde, a specimen of which is attached hereto (Appendix 1).

2. Each licence application shall be accompanied by proof of payment of the fee for the period of the licence's validity. Payment shall be made into an account opened with a financial institution or any other body designated by the Cape Verdean authorities.

The fees shall include all national and local charges except for port taxes and service charges.

3. Licences for all vessels shall be issued by the Office of the Ministry of Fisheries of Cape Verde, within 15 days following receipt of proof of payment as laid down in point 2, to the shipowners or their representatives via the Delegation of the European Commission in Cape Verde.

4. Licences shall be issued for a specific vessel and shall not be transferable. However, at the request of the European Commission, a vessel's licence may, and in the case of force majeure shall, be replaced by a new licence for another vessel with features similar to those of the first vessel. The owner of the first vessel shall return the cancelled licence to the Office of the Ministry of Fisheries of Cape Verde via the Delegation of the European Commission in Cape Verde.

The new licence shall indicate:

- the date of issue,

- the fact that it replaces the licence of the previous vessel for the remaining period of validity.

In this case, no fee as laid down in Article 4 (2) of the Agreement shall be due for an unexpired period of validity.

5. The licence must be held on board at all times; however, on reception of notification of payment of the advance sent of the Cape Verdean authorities by the European Commission, the vessel shall be entered on a list of vessels authorized to fish, which shall be sent to the Cape Verdean authorities responsible for fisheries inspection. A copy of the said licence may be obtained by fax, pending arrival of the licence itself; that copy shall be kept on board.

6. The Ministry of Fisheries of Cape Verde shall give notice, before the Agreement enters into force, of the arrangements for payment of the fee, including information on bank accounts and the currencies to be used.

B. Provisions applicable to tuna vessels and surface longliners

1. Licences shall be valid for one year. They shall be renewable.

2. The fee shall be ECU 20 per tonne caught within the Cape Verde fishing zone.

3. Licences shall be issued after payment to the Ministry of Fisheries of Cape Verde of a lump sum of ECU 1 800 for the first year and ECU 2 000 for the following years for each tuna seiner, ECU 300 a year for each pole-and-line tuna vessel and ECU 1 000 a year for each surface longliner, equivalent to the fees payable for a catch of:

- 90 tonnes of tuna for the first year and 100 tonnes per year for each following year in the case of seiners,

- 15 tonnes of tuna per year in the case of pole-and-line vessels,

- 50 tonnes of fish per year for surface longliners.

4. The master must keep a fishing log as shown in Appendix 2 for each fishing period spent in the Cape Verde fishing zone.

Logs shall be sent for processing to the Institut français de recherche scientifique et technique d'outre mer (Orstrom), the Instituto Español de Oceanografía (IEO) and the Instituto Nacional de Desenvolvimento das Pescas (INDP) of Cape Verde within a month of the end of each calendar quarter.

The Member States shall notify the European Commission by 15 April of catches, in tonnes, during the previous year, as confirmed by the scientific institutes. On the basis of this information, the Commission shall draw up a statement of fees due for the fishing period and send it to the Ministry of Fisheries of Cape Verde for comments.

Shipowners shall receive notification by the end of April of the statement drawn up by the Commission, and shall have 30 days to make any payment due. If the amount of the final statement is lower than the amount of the lump sum advance payment, the balance shall not be reimbursable to the shipowner.

C. Provisions applicable to licences for other vessels

In the case of bottom longliners, licences shall be valid for 3, 6 or 12 months. The annual fee shall be fixed according to GRT, at the rate of ECU 130 per GRT, in proportion to the duration of the licence.

D. Statement of catch

1. For tuna seiners, pole-and-line tuna vessels and surface longliners, a fishing log shall be kept in accordance with paragraph 4 of point B.

2. Bottom longliners shall be obliged to notify the Ministry of Fisheries of Cape Verde of their catches using the standard form set out in Appendix 3 via the Delegation of the European Commission in Cape Verde. These statements shall be monthly and must be communicated at least one every three months.

3. Forms must be completed legibly and signed by the master of the vessel.

4. Should these provisions not be adhered to, the Cape Verdean authorities reserve the right to apply, inter alia, one or both of the following penalties:

- suspension of the licence of the offending vessel,

- imposition of a fine.

In this case, the Delegation of the European Commission in Cape Verde shall be informed.

E. Landing of catch

Community tuna vessels shall, wherever possible, contribute towards supplying the Cape Verde tunacanning factories in accordance with their catches in the zone at a price fixed by mutual agreement between the Community shipowners and the Cape Verdean authorities on the basis of current prices on the international markets. Payment shall be made in convertible currency.

Moreover, tuna vessels landing their catches in a Cape Verdean port shall, wherever possible, make part of their by-catch available to the authorities of Cape Verde at local marked prices.

F. Signing on of seamen

1. Tuna vessel and surface longliner owners shall employ Cape Verdean nationals, subject to the following conditions and limits:

- for the fleet of tuna seiners, six Cape Verdean seamen shall be signed on during the tuna period in the Cape Verde fishing zone,

- for the fleet of pole-and-line tuna vessels, three Cape Verdean seamen shall be signed on during the tunafishing period in the Cape Verdean fishing zone, all of them to be assigned to different vessels,

- for the fleet of surface longliners, four Cape Verdean seamen shall be signed on during the fishing period in the Cape Verde zone, each of them to be assigned to different vessels.

2. The wages of these seamen shall be fixed, before licences are issued, by mutual agreement between the shipowners or their representatives and the Cape Verdean authorities; the wages shall be borne by the shipowners and must include the social authorities to which the seaman is subject (including life assurance and accident and sickness insurance). The shipowner or his representative shall send a copy of the labour contract to the Directorate-General of Fisheries of Cape Verde.

3. Should the seamen not be signed on, shipowners shall be obliged to pay a lump sum equivalent to the wages of seamen not signed on.

This sum will be used for the training of seamen in Cape Verde and is to be paid into the account specified by the Cape Verdean authorities.

4. The shipowner or his representative shall notify the Ministry of Fisheries of the list of Cape Verdean sailors taken on board Community ships during the fishing season, with details of their registration as crew members and the ships they have boarded.

G. Taking on board of observers

1. Before issuing licences, the Ministry of Fisheries of Cape Verde shall notify shipowners or their representatives of the vessels on board of which they must take an observer.

The observer may not remain on board longer than is necessary for the accomplishment of his duties.

The salary and social contribution of the observer shall be borne by the Cape Verdean authorities.

2. The work of the observer and the conditions on which he is taken on board must not interrupt or hinder fishing activities. The observer shall be taken on board at a port chosen by the shipowner at the beginning of the first trip after notification of the list of designated ships.

Within two weeks, the shipowners concerned shall make known at which ports and on what dates, giving 10 days' notice, they intend to take observers on board.

Should the observer be taken on board in a foreign port, his travelling costs shall be borne by the shipowner. Should a tuna vessel with an observer on board leave the Cape Verde fishing zone, all measures must be taken to ensure the observer's return to Cape Verde as soon as possible at the expense of the shipowner.

H. Fishing zones

Community vessels may carry out fishing activities in the following zones, determined by reference to the base lines:

- beyond 12 miles for tuna seiners and surface longliners,

- beyond 6 miles for pole-and-line tuna vessels,

- from the base lines for live bait fishing and for bottom longliners.

I. Meshes authorized:

The minimum mesh size authorized for the trawl body (mesh fully extended) shall be:

- 16 mm for live bait fishing.

In the case of tuna, the international standards recommended by ICCAT shall apply.

J. Entering and leaving the zone

Within three hours of entering or leaving the zone and every week during their fishing activities in Cape Verde's waters, vessels shall be obliged to communicate their position and the volume of the catch on board direct to the Cape Verdean authorities preferably by fax or, failing that, by radio in the case of vessels not equipped with fax.

The Cape Verdean authorities shall notify the fax number and radio frequency on issue of the licence.

A copy of the fax messages or of the record of radio communications shall be kept by the Cape Verdean authorities and the shipowners until both parties have approved the final statement of fees referred to in point B.

A vessel caught fishing without having notified the Cape Verdean authorities of its presence shall be considered an unlicensed vessel.

K. Port equipment and use of supplies and services

Community vessel shall, where possible, procure in Cape Verde all supplies and services necessary for their activities. The Cape Verdean authorities shall, in agreement with the shipowners or their representatives, establish the conditions for using port equipment and, if necessary, supplies and services.

L. Procedure in case of boarding

1. The Delegation of the European Commission in Cape Verde shall be notified within 48 hours of any boarding within the Cape Verde fishing zone of a fishing vessel flying the flag of a Member State of the Community and operating pursuant to this Agreement. A brief report of the circumstances and reasons leading to the boarding shall be provided within 72 hours.

2. A meeting shall be held, within 24 hours of receipt of the abovementioned information, between the Delegation of the European Commission in Cape Verde, the Office of the Ministry of Fisheries of Cape Verde and the inspection authorities, possibly attended by a representative of the Member State concerned, at which the parties shall exchange any relevant documentation or information helping to clarify the circumstances of the established facts. The shipowner or his representative shall be informed of the outcome of the meeting and of any measures resulting from the boarding.

3. A vessel boarded following a fisheries infringement shall be released on payment of a security, to be fixed in the light of the costs occasioned by the boarding and the amount of fines and compensation to which those responsible for the infringement are liable.

Appendix 1

MINISTRY OF FISHERIES

Licence application for foreign industrial fishing vessels

1. Name of shipowner:

2. Address of shipowner:

3. Name of representative or local agent of shipowner:

4. Address of representative or local agent of shipowner:

5. Name of master:

6. Registration of vessel:

7. Registration number:

8. Date and place of construction:

9. Flying the flag of:

10. Port of registration:

11. Port of rigging:

12. Overall length:

13. Width:

14. Gross tonnage:

15. Net tonnage:

16. Hold capacity:

17. Chilling or freezing capacity:

18. Engine type and horse power:

19. Type of fishing:

20. Crew complement:

21. Communication equipment:

22. Call sign:

23. Dialling signals:

24. Fishing operations to be carried out:

25. Place for landing catch:

26. Fishing zones:

27. Species conditions:

28. Period of validity:

29. Special conditions:

30. Other activities of the applicant in Cape Verde:

Opinion of the Directorate-General for Fisheries

Remarks of the Ministry of Fisheries, Agriculture and Rural Life

Appendix 2

ICCAT LOGBOOK for TUNA FISHERY

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>END OF GRAPHIC>

Appendix 3

INFORMATION ON CATCHES RESULTING FROM INDUSTRIAL FISHING

>START OF GRAPHIC>

1. Name and registration number of vessel:

2. Nationality:

3. Type of vessel:

(for fresh fish, tuna, etc.)

4. Master's name:

5. Fishing licence issued by:

valid for the period:

6. Type of fishing:

7. Date of leaving port:

Date of entering port:

8. Catches:

Date Fishing zone Species caught Tonnage Port of landing

I the undersigned ................................................, Master of the vessel cited above, or his representative, hereby declare that the information given above are correct, as witnessed by the Observer of the Government.

Witnessed by the Observer of the Government

Signed the Master>END OF GRAPHIC>