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 Community and Cape Verde on fishing off Cape Verde for the period from 6 September 1994 to 5 September 1997
Date: 1994-09-16
Institutions: European Commission
Subjects: Cabo Verde, agreement (EU), financial compensation of an agreement, fishing agreement, fishing regulations, protocol to an agreement

COMMISSION OF THE EUROPEAN  COMMUNITIES 

COM(94)  388  final 
Brussels,  16.09.1994 
94/201(CNS) 

Proposal  for  a 
COUNCIL  DECISION 

on  the  conclusion  of  an  Agreement  in  the  form  of  an  exchange  of  letters 
on  the  provisional  application  of  the  Protocol  defining,  for  the  period 
from  6  September  1994  to  5  September  1997, the  fishing  opportunities  and 
the  financial  contribution  provided  for  by  the  Agreement 
between  the  European  Community  and  Cape  Verde 
on  fishing  in  the  waters  of  Cape  Verde 

Proposal  for  a 
COUNCIL  REGULATION  (EC) 

94/20 l(CNS) 

on  the  conclusion  of  the  Protocol  establishing  the  fishing 
rights  and  financial  compensation  provided  for  in  the 
Agreement  between  the  European  Community  and  Cape  Verde 
on  fishing  off  Cape  Verde  for  the  period  from 
6  September  1994  to  5  September  1997 

(presented  by  the  Commission) 

EXPLANATORY MEMORANDUM 

The protocol annexed to the fisheries agreement between EC and Cape Verde 
expires on 5.9.1994.  A new protocol was initialled b,y the two parties on 
23.6.1994, setting technical and financial terms governing  fishing by EC 
vessels in cape Verdian waters for the period 6.9.1994 to 5.9.1997. 

The Commission proposes on this basis that the Council adopt 

-  by a Decision, the proposal for an agreement in the form of an exchange 
of letters on provisional application of the new protocol pending its 
entry into force 

by a Regulation, the protocol setting fishing  rights and the technical 
and  financial terms thereof agreed between the EC and Cape Verde from the 
period 6.9.1994 to 5.9.1997. 

I 

PROPOSAL OF 

COUNCIL  DECISION 

of 

on  the  conclusion  of  an  Agreement  in  the  form  of  an  exchange  of  letters  on  the 
provisional  application  of  the  Protocol  defining,  for  the  period  from  6  September  1994  to 
5  September  1997 
provided  for  by  the  Agreement  between  the  European  Community  and 

,  the  fishing  opportunities  and  the  financial  contibution 

Cape Verde 

on  f'sh'n« in the waters of  Cape Verde 

THE  COUNCIL  OF  THE  EUROPEAN  UNION, 

of  letters should  be concluded, subject  to a definitive  deci 
sion  under  Article  43  of  the  Treaty, 

Having  regard  to  the  Treaty  establishing  the  European 
Community, 

Having  regard  to  the  Agreement  between  the  European 

Community  and  r^pe  Verde 

on  fishing  i nt he  ^^ 

Qf  ^ 

V e rd e ( 1 ), 

Having  regard  to  the  proposal  from  the  Commission, 

Whereas  the  Community  andCape  Verdé»eld  negotiations 
to determine  the  amendments  or additions  to  be  made  to 
the  Agreement  on  fishing  oiirggye Verde*1  t ne  en<*  °*  l^e 
period  of  application  of  Protocol 

; 

Whereas,  as  a  result  of  these  negotiations  a  new  Protocol 
was  initialled  on  23  June  1994 

; 

Whereas,  under  this  Protocol,  Community 
fishermen 
enjoy  fishing  opportunities  in  the  waters  falling  within 
the  sovereignty  or  jurisdiction  ofCape  Verdfer  the  period 

from 6 September  1994 to 5 September  1997; 

Whereas,  in  order  to  avoid  interruption  of  fishing  activi 
ties by Community  vessels,  it  is essential  that  the  Protocol 
in  question  be  approved  as  quickly  as  possible ; whereas 
both  parties  have  therefore  initialled  an  Agreement  in  the 
form  of  an  exchange  of  letters  providing  for  the  provisi 
onal  application  of  the  initialled  Protocol  from  the  day 
following  the  date of  expiry  of  the  Protocols  previously  in 
force  ; whereas  the  Agreement  in  the  form  of  an  exchange 

HAS  DECIDED  AS  FOLLOWS: 

Article  1 

The  Agreement  in  the  form  of  an  exchange  of  letters  on 
the  provisional  application  of  the  Protocol  defining,  for 
the  periodfrom  6  September, 19%  to  5.September-.1997,  the 
financial  contnDution 
the 
fishing  opportunities  and 
provided  for  by  the  Agreement  between  the  European 
Community  and  Cape  Verde 
on  f'srimg 
in  the  waters ofrane  Verdi  n e r c^y  approved  on  behalf  of 
the  Community. 
The  text  of  the  Agreement  in  the  form  of  an  exchange  of 
letters  is  attached  to  this  Decision. 

' 

Article  2 

The  President  of  the  Council  is  hereby  authorized  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, 

For  the  Council 

The  President 

(')OJ  No  1212  .9.8.90 

.  p. 1. 

1 

AGREEMENT 

in  the  form  of  an  exchange  of  letters  on  the  provisional  application  of  the  Protocol 
defining,  for  the  periodfrom  6  September1994  to  5  September1997  t he  fishing  oppor 
tunities  and  the  financial  contribution  provided  for  by  the  Agreement  between  the 
on  fishing  in  the  waters  of 
European  Community  and  GapO'Verde 

Cape  Verde 

Sir, 

A.  Letter  from  the  Government  of  Cape  Verde 

With  reference  to  the  Protocol,  initialled  on  23  June  1994 
ties and the financial  contribution  for the  period irom 
the  honour  to  inform  you  that  rane  Verde 
provisionally  from  0  september1994 Pending  its  entry  into  force  in  accordance  with  Article  y 
thereof,  provided  that  the  European  Community  is  prepared  to  do  likewise. 

. defining  the  fishing  opportuni 
6  September  1994  to  5  September  1997,  I  have 

's  w l"mS  to  aPP'Y  l"e  Protocol 

This  is  on  the  understanding  that  the  first  instalment,  equal  to  one  third  of  the  financial 
compensation  laid  down  by  Article  2  of  the  Protocol,  must  be  paid  before  J-J  December  1994 

I should  be grateful  if  you would  confirm  the  agreement  of  the  European  Community  to such a 
provisional  application. 

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

For  the  Government  of  Cape  Verde 

B.  Letter  from  the  Community 

Sir, 

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  23  June  1994 
tunities  and  the  financial  contribution  for  the  periodfrom  6  September  1994  to  5  September 
- iS  w»h"g  to apply 
1997,  I have  the  honour  to  inform  you  that  Cape  Verde 
the  Protocol  provisionally  fromA  September  1994Penc'ing  its entry  into  force  in  accordance 
with Article 7  thereof,  provided that the European  Community  is prepared  to do  likewise. 

, defining  the  fishing  oppor 

This  is  on  the  understanding  that  the  first  instalment,  equal  to  one  third  of  the  financial 
compensation  laid down by Article2  of  the  Protocol, must be  paid before  31  december  1994 

I  should  be  grateful  if  you  would  confirm  the  agreement  of  the  European  Community  to 
such  a  provisional  application.' 

I am  pleased  to confirm  the agreement  of  the  European  Community  to a provisional  application. 

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

For  the  Council 
of  the  European  Union 

k 

PROPOSAL OF 
COUNCIL  REGULATION  (EC)  No 

of 

9 4/  0201 

(CNS) 

on  the  conclusion  of  the  Protocol  establishing  the  fishing  rights  and  financial 
compensation  provided  for  in  the  Agreement  between  the  European 
Community  and  Cape  Verde 
f or 

on  f 's n mg  °H 

t hc  Pe r i od  from  6  September  1994  to  5  September  1997 

Cape  Verde 

THE  COUNCIL  OF  THE  EUROPEAN  UNION. 

HAS  ADOPTED  THIS  REGULATION 

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

in  particular  Article  43  thereof 

Having  regard  to  the  proposal  from  the  Commission, 

Having  regard  to  the  opinion  of  the  European  Par 
liament ('), 

Whereas,  pursuant  to  the  Agreement  between  the  Euro 
pean 

Community  and  Cape  Verde 

Article  1 

The  Protocol  establishing  the  fishing  rights  and  financial 
compensation  provided  for  in  the  Agreement  between  the 
European 
fishing off Cape Verde for the period from 6 September 
1994 to 5 September,1997 is hereby 
approved  on  behalf  of  the  Community. 

Community  and  Cape  Verde  ^ 

The  text of  the  Protocol  is attached  to this  Regulation. 

on  fishing  off  Cape  Verde  0»  t ne 

t wo  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  1994  to  5  September  1997 was 
nitialled  on  23  June  1994; 

SThereas,  it  is  in  the  Community's  interest  to  conclude 
he  new  Protocol, 

Article  2 

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

Article  J 

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. 

Done  at  Brussels, 

For  the  Council 

The  President 

Opinion  delivered on 
the  Official  Journal). 
OJ  No  L212.  9.8.90 

(not yet published in 

5 

PROTOCOL 

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

Article  1 

Pursuant  to  Article  2  of  the  Agreement,  and  for  a 
t ne 

1. 
period  of  three  years  from  Q  September  1994  ' 
following  fishing  possibilities  shall  be  accorded: 

(a)  Highly  migratory  species 

—  Freezer tuna seiners: 23  vessels, 

—  Pole-and-line  tuna  vessels  and  surface  longliners: 

17  vessels. 

(b)  Other species 

—  Bottom longliners: 3 

vessels, each with a tonnage 

of  less than 210  CRT, 

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  1.063.500»  payable 
in  three  equal  annual 
instalments. 

In  the  case  of  tuna  fishing,  this  compensation  shall 
cover  a  catch  weight  in  waters  of  CapeVerde °*  4.850 
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. 

The use to which this compensation is put shall be the 

2. 
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 

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 with the Community  by a cooperation  agreement. 

The  total  cost  of  the  awards  may  not  exceed  ECU 

2. 
174.600  • At  t ne  reo.uCSt  °f  fhe  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 bepayable as and when it 
is used. 

Article  5 

Should the Community fail to make the payments provided 
for in Artides 2 and3, the application of this Protocol may be 
suspended. 

Article  6 

The  Annex  to  the  Agreement  between  the  European 
Community  and  Cape  Verde 
on  fishing 
in  the waters of (apeVerdeIS  hereby  repealed  and  replaced 
by  the  Annex  to  this  Protocol. 

Article  3 

Article  7 

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

It  shall  apply  from  6  September  1994. 

The  Community  shall  also  contribute  during  the  period 
referred to in Artide 1 the sum of ECU  261 • 9 0 0t o w a r^s  t ne 
financing of a Cape Verde scientific or technical programme 
(equipment, 
infrastructure,  seminars,  studies,  etc.)  to 
improve  information  on  the  fishery  resources  within  the 
exdusive economic  zone of  Cape  Verde. 

This  sum  shall  be  made  available  to  the 
Ministry  for  Fisheries,  Agriculture 

and  Rural  Life 

of Cape Verde and paid  into 

the bank  account indicated  by the  Office. 

C 

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 relevant Community authoritcs shall present to the Office  of  the  Ministry  tor  Fisheries.  Agriculture  and 

Rural  Life  of Cape  Verde, via the Commission Delegation  in Cape Verde, an application  for each  vessel that  is to be 
used for fishing under 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  for  fisheries. 

Agriculture  and Rural  Ufe 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  for  Fisheries,  Agriculture  and Rural  Lite 

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 Commission of the European  Communities  in Cape  Verde. 

4.  Licences shall be issued for a specific vessel and shall not be transferable.  However, at the request of the 

Commission of the European Communities, 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 die first vessel shall return the Cancelled licence tO the Office of the  Ministry  for  Fisheries,  Agriculture  and Rural  Li Ce 

of  Cape  Verde via the Delegation of the Commission of the European  Communities  in Cape  Verde. 

The new licence shall indicate: 

—  the date of issue, 

—  die 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 unexpired  period of 
validity. 

5.  The  licence must be held on board at all times. 

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

B.Provisions applicable  to tun* 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 
for Fisheries, Agriculture and Rural Life of Cape Verde of a 
lump sum of ECU 1 500 a year for each tuna seiner and ECU 300 
a year for each pole-and-line tuna vessel and surface 
longliner, equivalent to the fees payable for a catch of: 

75 tonnes of tuna per year in the case of seiners, 

15 tonnes of tuna per year in the case of pole-and-line 
vessels and surface longliners. 

1 

The master  must  keep a  fishing  log as shown  in Appendix  2 

4. 
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  (ORSTOM),  the 
Instituto  Espanol de Oceanografia  (IEO) and  the  Instituto 
Nacional  de  Investigaçâo  das  Pescas  (INIP) of  Cape  Verde 
within  a month  of  the end  of each  calendar  quarter. 

The Member  States  shall  notify  the Commission  of  the  European 
Communities  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 Office  of  the Secretary  of State  for 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 
thirty  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 three, six or 12 months. The annual fee shall be 
fixed  according  to  CRT,  at  the  rate  of  ECU  100  per  CRT,  in  proportion  to  the  duration  of  the 
licence. 

D.Statement  of catch 

For  tuna  seiners, pole-and-line  tuna  vessels  and  surface 

1. 
longliners,  a  fishing  log  shall  be  kept  in accordance  with 
paragraph  4 of  point  B. 

2,  Bottom longliners  Shall be Obliged to notify the  Officeofthe  Ministry  for  Fisheries.  Agriculture  and  Rural  Life 

of Cape Verde of their catches using the standard form set out 

in Appendix 3 via the Delegation of the Commission of the European Communities in Cape Verde. These 
statements  shall  be monthly  and must be communicated  at least once every  three months. 

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

4 ..  Should  these  provisions not  be adhered to, the relevant 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 Commission  of  the European Communities  in Cape  Verde  shall  be 
informed. 

E.  Landing of  catch 

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

Moreover, tuna vessels landing their catches in a Cape Verdean port shall, wherever possible, make pan  of 
their by-catch available to the fishing authorities of  Cape Verde at  local  market  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,  4  Cape Verdean seamen shall  be signed on during the  tuna  fishing 

period  in the Cape  Verde  fishing  zone, 

—  for the fleet of pole-and-line tuna vessels, 

3  Cape Verdean seamen shall be signed on during the 
tuna fishing period  in the Cape  Verde fishing  zone, all of  them  to  be assigned  to different  vessels, 

\ 

—  for  the  fleet  of  surface  longliners, two Cape  Verdean seamen shall  be signed on  during the  fishing 

period  in the Cape  Verde fishing  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 relevant Cape Verdean authorities; the wages shall be borne by 
the shipowners and must include the social contributions 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  relevant  Cape  Verdean  authorities. 

4. 

The  shipowner  or  his  representative  shall  notify  the 
Ministry  for  Fisheries, Agriculture  and  Rural  Life 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 

Before  issuing  licences,  the Ministry  for  Fisheries, 

1. 
Agriculture  and  Rural  Life of Cape Verde  shall  notify 
shipowners  or  their  representatives  of  the  vessels  on  board 
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  contributions  of  the observer  shall  be 
borne by  the  relevant  Cape Verdean  authorities. 

The work  of  the observer  and  the conditions  on which  he 

2. 
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  voyage 
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  ten 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 

1.  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  six 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 

1.  All Community vessels fishing under the Agreement in the Cape Verde zone shall communicate to the Saô 
Vicente  radio station the date and time and their position when entering and  leaving the Cape  Verde 
fishing  zone. 

2. 

When  leaving  the Cape Verde  fishing  zone,  ships 

shall  notify  their  total  catch  to Çhe  relevant  Cape  Verdean 
authorities  via  the Sào Vicente  radio  station. 

°1 

3.  The  call  sign  and  operating  frequencies  and  working  hours  of  the  station  shall  be  communicated  to  the 

shipowners or their representatives by the Office  of the  Ministry  for  F i s h e r i e s,  Agriculture  and  Rural  LifeofCapc  Vcrdc 

at the  time  the  licence  is  issued. 

4. 

In cases  where this radio communication  cannot  be used,  vessels  may  use alternative  means,  such  as  telex 
or  f a x. 

K.  Port  equipment  and  use  of  supplies  and  services 

Community  vessels shall,  where  possible,  procure  in Capc  Vcrdc all  supplies  and  services  necessary  for  iheir 
activities.  The  relevant  Capc  Verdean  authorities  shall,  in  agreement  with  the  shipowners  or 
ihcir 
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 Commission  of  the  European  Communities  in Capc  Vcrdc  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  under  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 Commission of the European Communities in Cape  Verde, the Office  of the  Ministry  (or  Fi she ries. 

Agriculture  and  Rural  Life  of  Cape  Verde and  the  inspection  authorities,  possibly  attended  by  a  representative  of 
the  Member  State  concerned,  at  which  the  panics  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  upon  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. 

\o 

Appendix I 

OFFICE OF THE  SECRETARY  OF STATE  FOR  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.  Name  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  to  be caught: 

28.  Period  of  validity: 

29.  Special  conditions: 

-h 

3 0.  O t h er  activities  of  the  applicant  in  Capc  Vcrdc: 

O p i n i on  of  the  Directorate-General  for  Fisheries 

Office  of  the  Secretary  of  State  for  Fisheries 

\L 

Orow  tonnage) 

Capecfty  (M. T ) 

Captrfn 

No  of  craw 

Reporting  date 

Reported  by 

Appendix  2 

ICCAT  LOGBOOK  for  TUNA  FISHERY 

Boat  LEFT 

Boat  RETURNED 

month 

dey 

year 

• 

p o rt 

19 

• 

longfkte 

D  Battboat 

D  Purse  Mine 

O  Trolling 

0  Others 

Rag* 

of 

pagaa 

Number  of  days  it  MI 

days 

Number  of  fishing  day» or 
number  of  seta  made 

Trip  number 

1»  -

Bhieftn  tuna 

Tttunnm  thyrmut 
or  iftÊCCoyN 

number 
flth 

weight 
m  kg 

Yettowfln tuna 
Thuonus albacar** 

Blgeye  tun* 

Tfiunnut  obelus 

Albecor* 
Thurtma «JWunp» 

Swordnah 
XipNM  oatoVus 

C A T C H ES 

Striped  marin 
Wnrte  mirfln 

Tttrtptwvs 

ludêx 

or  Ubldu* 

Black  marttn 
indict 
Mëkêtt 

Saflflah 
Itttophona 
•Mean*  or 
pktypttn» 

Skipjack 

Kêtsuwonut 

Miscellaneous 
fishes 

No 

kg 

No 

kg 

No 

kg 

No 

kg 

No 

kg 

No 

kg 

No 

kg 

No 

kg 

Sp 

kg 

Daffy total 
(In weight) 
kgonfy) 

Baft  « ad 

!  1 j , 

Effort 
(Number 
of 
Hook» 
used) 

• 1. 

•c — 
<2 

Vessel  ram* 

Rig  country 

Registration  No 

Company  or  Owner 

Address 

Dates 

Area 

i 

I 

2 

i 

0 

1 

0 

2 

0 

3 

0 

4 

0 

5 

0 

6 

0 

0 

7 
e 

0 

9 

1 

0 

1 

1 

1 

2 

1 

3 

1 

4 

1 

S 

t 

6 

1 

1 

7 
e 

1 

9 

2 

0 

2 

1 

2 

2 

2 

3 

2 

4 

2 

S 

2 

6 

2 

7 

2 

8 

2 

9 

3 

0 

3 

1 

• 

v> 
•a 
1 
s 
2  z 

c 
2 
i 
1 * 

-J 

ID 

j 
1 

| 

| 
j 

i  | 

Landing  weight  (in  kg) 

-

1.  Use  one  sheet  per  month,  snd  one  line  per  day. 
2.  At  the  end  of  each  trip,  forward  a copy  of  the  log  to  your  correspondent  or  to  ICCAT.  Oeneral  Mola  17.  Madrid  1. Spair 
3.  'Day'  refers  to  the  day  you  set  the  line. 

4  Flshmg area refers  to  the noon  position of  the boat  Round off  minutes  snd record degrees  of  Ittitude end longitude. Be sure to  record N/S and E/W. 
S.  The  bottom  Kne  (lending  weight)  should  be  completed  only  at  the  end  of  the  trip.  Actual  weight  it  the  time  of  unloading  should  be  recorded. 
6  Ail  information  reported  herein  will  he  kept  strictly  confidentiel. 

^ - NJ 

Appendix 

3 

INFORMATION  ON  CATCHES  RESULTING  FROM  INDUSTRIAL  FISHING 

(i.e.  for  fresh  fish,  (una.  etc.) 

1.  Name  and  registration  number  of  vessel: 

2.  Nationality: 

3.  T y pe  of  vessel: 

4.  Master's  name: 

5.  Fishing  licence  issued  by: 

valid  for  the  period: 

6.  T y pe  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 
declare  that  the  information  given  above  is  correct,  as  witnessed  by  the  observer  of  the  Government. 

, Master of the vessel cited a b o v e, or  his representative,  hereby 

Witnessed 

by 

The  Observer  of  the  Government 

Signed 
The  Master 

\k 

FINANCIAL  STATEMENT 

DATE : 

1. BUDGET HEADING 

B7 - 800 

APPROPRIATIONS 

2. TITLE  : New protocol EC/Cape Verde 

3. LEGAL BASIS  : EC/Cape Verde 

4. AIMS OF PROJECT  : Protocol for a period of 3 years 

5. FINANCIAL  IMPLICATIONS 

5.0. EXPENDITURE 

- charged to the EC budget 
(refunds/intervention) 
- national  administration 
- other 

5.1. REVENUE 

- own resources of the EC 
(levies/customs duties) 

- national 

5.0.1. ESTIMATED  EXPENDITURE 
5.1.1. ESTIMATED REVENUE 

5.2. METHOD OF CALCULATION : 

-  financial  contribution 
- scientific programme : 
- study grants : 

Financial compensation : 
Average annual cost : 

PERIOD OF 12 
MONTHS 

CURRENT 
FINANCIAL 
YEAR  (94) 

FOLLOWING 
FINANCIAL 
YEAR  (95) 

500.000 ECU 

500.000 ECU 

(anual 

(anual 

average) 

average) 

1994 

1995 

1996 

500.000 

500.000 
(anual average) 
; 

I 

I 

500.000 

1.063.000  ECU 
261.000 ECU 
174.000 ECU 

1.500.000 ECU 
500.000 ECU 

6.0. CAN THE PROJECT BE FINANCED FROM APPROPRIATIONS ENTERED IN 

THE RELEVANT CHAPTER OF THE CURRENT BUDGET ? 

6.1. CAN THE PROJECT BE FINANCED BY TRANSFER BETWEEN CHAPTERS 

OF THE CURRENT BUDGET ? 

6.2. IS A SUPPLEMENTARY  BUDGET NECESSARY ? 

6.3. WILL FUTURE BUDGET APPROPRIATIONS BE NECESSARY ? 

OBSERVATIONS : 

YES/++ 

YES 

+++/NO 

YES/++ 

BSN 0254-1475 

COM (94) 388  final 

DOCUMENTS 

EN 

il  03 

Catalogue number : CB-CO-94-405-EN-C 

ISBN 92-77-80549-8 

Office for Officiai Publications of the European Communities 
Lr2985 Luxembourg 

K J