Agreement in the form of an Exchange of Letters on the provisional application of the Protocol establishing, for the period 6 September 1997 to 5 September 2000, the fishing rights and the financial compensation provided for by the Agreement between the European Economic Community and the Republic of Cape Verde on fishing off the coast of Cape Verde
Date: 1998-04-01
Institutions: Cabo Verde, European Community
Subjects: Cabo Verde, authorised catch, financial compensation of an agreement, fishing agreement, fishing area, fishing regulations

L 21/18

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Official Journal of the European Communities

28. 1. 98

AGREEMENT IN THE FORM OF AN EXCHANGE OF LETTERS

on the provisional application of the Protocol establishing, for the period 6 September
1997 to 5 September 2000, the fishing rights and the financial compensation provided
for by the Agreement between the European Economic Community and the Republic
of Cape Verde on fishing off the coast of Cape Verde

A. Letter from the Government of the Republic of Cape Verde

Sir,

With reference to the Protocol initialled on 10 July 1997 establishing the fishing rights and
financial compensation for the period 6 September 1997 to 5 September 2000, I have the
honour to inform you that the Republic of Cape Verde is willing to apply the Protocol provi-
sionally from 6 September 1997 pending its entry into force in accordance with Article 7
thereof, provided that the European Community is prepared to do likewise.

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 31 January 1998.

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 the Republic of Cape
Verde

28. 1. 98

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Official Journal of the European Communities

L 21/19

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 10 July 1997 establishing the fishing rights and
financial compensation for the period 6 September 1997 to 5 September 2000, I have the
honour to inform you that the Republic of Cape Verde is willing to apply the Protocol provi-
sionally from 6 September 1997 pending its entry into force in accordance with Article 7
thereof, provided that the European Community is prepared to do likewise.

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 31 January 1998.

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

L 21/20

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Official Journal of the European Communities

28. 1. 98

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

PROTOCOL

Article 1

Pursuant to Article 2 of the Agreement, and for a period
of
the following
fishing possibilities shall be accorded:

three years from 6 September 1997,

(a) highly migratory species:

— freezer tuna seiners: 37 vessels,

— pole-and-line tuna vessels: 10 vessels,

— surface longliners: 26 vessels;

(b) other species:

— 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 tuna fishing, 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.

The compensation shall be paid into an account
institution or any other body

3.
opened with a financial
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 for
Fisheries of Cape Verde and paid into the bank account
indicated by the Office.

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

Article 4

The two Parties agree that improving the skills and
1.
those involved in sea fishing is a vital
knowledge of
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 Com-
munity by a cooperation agreement.

The total cost of the awards may not exceed ECU
2.
178 300. At the request of the Cape Verdean authorities,
part of this sum may be used to cover the costs of parti-
cipation 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.

28. 1. 98

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Official Journal of the European Communities

L 21/21

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 for 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 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 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, 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 for 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 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 to 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 for 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 for 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:

L 21/22

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Official Journal of the European Communities

28. 1. 98

— 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 Fran(cid:135)ais de Recherche Scientifique et Technique
d’Outre-Mer (ORSTOM), the Instituto Espa ˜nol de Oceanograf(cid:146)a (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
for Fisheries of Cape Verde for comments.

Shipowners shall receive notification by the end of April of the statement drawn up by the Commis-
sion, 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 three, six 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 ac-

cordance with paragraph 4 of point B.

2. Bottom longliners shall be obliged to notify the Ministry for 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 once 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 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 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 market prices.

F. Signing on of seamen

1. Tuna vessel and surface longliner owners shall employ Cape Verdean nationals, subject to the fol-

lowing conditions and limits:

28. 1. 98

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Official Journal of the European Communities

L 21/23

— 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 tuna fishing period in the Cape Verde 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 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 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 Cape Verdean authorities.

4. The shipowner or his representative shall notify the Ministry for 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 for Fisheries of Cape Verde shall notify shipowners or their repre-

sentatives 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 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 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 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 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.

L 21/24

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28. 1. 98

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 vessels 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 represent-
atives, 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 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 European Commission in Cape Verde, the Office of the Ministry for 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 of 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.

28. 1. 98

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Official Journal of the European Communities

L 21/25

Appendix 1

MINISTRY 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. 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 to be caught:......................................................................................................

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 for Fisheries, Agriculture and Rural Life:

............................................................................................................................... .........

............................................................................................................................... .........

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28. 1. 98

EN

Official Journal of the European Communities

L 21/27

Appendix 3

INFORMATION ON CATCHES RESULTING FROM INDUSTRIAL FISHING

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 is correct, as witnessed by the
observer of the Government.

Witnessed by the Observer of the
Government

Signed The Master

.............................................................

.............................................................