Proposal for a Council Regulation on conclusion of an Agreement in the form of an exchange of letters extending to the period 1 July 2003 to 30 June 2004 the validity of the Protocol setting fishing opportunities and a financial contribution as 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
Date: 2003-09-23
Institutions: European Commission
Subjects: Côte d'Ivoire, agreement (EU), deep-sea fishing, financial compensation of an agreement, fishing rights

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 23.9.2003
COM(2003) 556 final

2003/219 (CNS)

Proposal for a

COUNCIL REGULATION

on conclusion of an Agreement in the form of an exchange of letters extending to the
period 1 July 2003 to 30 June 2004 the validity of the Protocol setting fishing
opportunities and a financial contribution as 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

(presented by the Commission)

EXPLANATORY MEMORANDUM

The  Protocol  annexed  to  the  Fishery  Agreement  between  the  EC  and  the  Côte d’Ivoire
Government expired on 30 June 2003.

Given the current situation in Côte d’Ivoire, the two parties decided to extend its validity for a
year,  i.e.  for  the  period  1 July 2003  to  30 June 2004.  This  extension,  in  the  form  of  an
exchange of letters, was initialled by the parties on 16 May 2003 in order to set the technical
and  financial  terms  of  fishing  by  EC  vessels  in  the  waters  off  Côte d’Ivoire  between
1 July 2003 and 30 June 2004.

The  extension  will  also  have  the  advantage  of  giving  the  Côte d’Ivoire  authorities  enough
time  to  use  the  money  and  to  draw  up  the  reports  on  implementation  of  the  programme  in
support of sustainable fishery resource management (targeted measures), work of which has
fallen behind.

The Commission accordingly proposes that the Council adopt the attached Agreement in the
form of an exchange of letters extending the period of validity of the Protocol.

A proposal for a Council Decision on provisional application of the Agreement (pending its
actual entry into force) is the subject of a separate procedure.

2

2003/219 (CNS)

Proposal for a

COUNCIL REGULATION

on conclusion of an Agreement in the form of an exchange of letters extending to the period
1 July 2003 to 30 June 2004 the validity of the Protocol setting fishing opportunities and a
financial contribution as 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

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 37
in conjunction with Article 300(2) and the first paragraph of Article 300(3),

Having regard to the proposal from the Commission1,

Having regard to the opinion of the European Parliament2,

Whereas:

(1)

(2)

(3)

(4)

Under the Agreement between the European Economic Community and the Republic of
Côte d’Ivoire  on  fishing  off  the  coast  of  Côte d’Ivoire3,  before  the  Protocol  annexed  to
the  Agreement  expires  the  contracting  parties  should  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.

Pending  negotiations  on  changes  to  be  made  to  the  existing  Protocol  approved  by
Regulation (EC) No 722/20014, the two parties have decided to extend its validity for one
year by means of an Agreement in the form of an exchange of letters.

It is in the Community's interest to approve this extension.

The allocation of fishing opportunities to the Member States should be confirmed.

HAD ADOPTED THIS REGULATION:

Article 1

The  Agreement  in  the  form  of  an  exchange  of  letters  extending  to  the  period  1 July 2003  to
30 June 2004  the  validity  of  the  Protocol  setting  fishing  opportunities  and  a  financial
contribution as 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 European Community.

The text of the Agreement is attached to this Regulation.

1

2

3

4

.

,p

OJ C
Opinion of the European Parliament given on
OJ L 379, 31.12.1990.
OJ L 102, 12.4.2001.

(not yet published in Official Journal).

3

                                                
The fishing opportunities set out in the Protocol are allocated to Member States as follows:

Article 2

a)

demersal fishing:

Spain:

600 GRT per month (annual average)

b)

tuna fishing:

i)

tuna seiners

– 

– 

France:

Spain:

18 vessels

21 vessels

ii)

surface longliners

– 

– 

Spain:

15 vessels

Portugal:

5 vessels

iii)

pole-and-line tuna vessels

– 

– 

France:

Spain:

7 vessels

5 vessels

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

Article 3

Member States  who  have  vessels  fishing  under  the  present  Agreement  shall  notify  to  the
Commission,  in  the  manner  specified  by  Commission  Regulation  (EC)  No 500/20015,  the
quantities of each stock taken in the Côte d’Ivoire fishing zone.

Article 4

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

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

Done at…,

For the Council
The President

5

OJ L 73, 15.3.2001, p. 8.

4

                                                
AGREEMENT

in the form of an exchange of letters extending to the period 1 July 2003 to 30 June 2004
the validity of the Protocol setting fishing opportunities and a financial contribution as
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

A.

Letter from the Community

Gentlemen,

I  have  the  honour  to  confirm  that  pending  negotiations  on  amendments  to  be  made  to  the
Protocol currently in force  (1 July 2000 to  30 June 2003)  setting  fishing  opportunities  and  a
financial  contribution  as  provided  for  in  the  Fishery  Agreement  between  the  European
Economic Community and the Government of the Republic of Côte d’Ivoire, we agree to the
following interim arrangements:

1.

2.

From  1 July 2003  to  30 June 2004  the  arrangements  applicable  over  the  last
three years will continue in operation.

Under  this  interim  arrangement  the  Community's  financial  contribution  will  be  the
annual  amount  stipulated  in  Article 3  of  the  existing  Protocol.  The  financial
compensation  shall  be  paid  by  31 December 2003.  Payment  for  the  targeted
measures specified in Articles 3 and 4 of the Protocol will be made once the relevant
requirements stipulated in Article 4 have been met.

During  the  interim  period  fishing  licences  will  be  granted  within  the  limits  set  in
Article 1 of the existing Protocol against fees or advances corresponding to those set
at point 1 of the Annex to the Protocol.

I should be obliged if you would acknowledge receipt of this letter and confirm that you are in
agreement with its contents.

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

On behalf of the Council of the European Union

5

B.

Letter from the Government of the Republic of Côte d’Ivoire

Gentlemen,

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

'I  have  the  honour  to  confirm  that  pending  negotiations  on  amendments  to  be  made  to  the
Protocol currently in force  (1 July 2000 to  30 June 2003)  setting  fishing  opportunities  and  a
financial  contribution  as  provided  for  in  the  Fishery  Agreement  between  the  European
Economic Community and the Government of the Republic of Côte d’Ivoire, we agree to the
following interim arrangements:

1.

2.

From  1 July 2003  to  30 June 2004  the  arrangements  applicable  over  the  last
three years will continue in operation.

Under  this  interim  arrangement  the  Community's  financial  contribution  will  be  the
annual  amount  stipulated  in  Article 3  of  the  existing  Protocol.  The  financial
compensation  shall  be  paid  by  31 December 2003.  Payment  for  the  targeted
measures specified in Articles 3 and 4 of the Protocol will be made once the relevant
requirements stipulated in Article 4 have been met.

During  the  interim  period  fishing  licences  will  be  granted  within  the  limits  set  in
Article 1 of the existing Protocol against fees or advances corresponding to those set
at point 1 of the Annex to the Protocol.'

I have the honour to confirm that the contents of your letter are acceptable to the Government
of the Republic of Côte d'Ivoire and that  your letter and this  one constitute an  agreement in
accordance with your proposal.

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

For the Government of the Republic of Côte d’Ivoire.

6

LEGISLATIVE FINANCIAL STATEMENT

Policy area(s): External aspects of fishery policy

Activit(y/ies): International fishery agreements

TITLE OF ACTION:

EXTENSION  TO  1.7.2003-30.6.2006  OF  VALIDITY  OF  PROTOCOL  SETTING  FISHING
OPPORTUNITIES  AND  A  FINANCIAL  CONTRIBUTION  AS  PROVIDED  FOR 
IN
EC/CÔTE D'IVOIRE FISHERY AGREEMENT

1.

BUDGET LINES(S) + HEADING(S)

B78000: International fishery agreements

OVERALL FIGURES

Total allocation for action (Part B): €957 500 in payment appropriations

Period of application: 1.7.2003–30.6.2004

Overall multiannual estimate of expenditure: €957 500 in payment appropriations

2.

2.1

2.2

2.3

a)  Schedule  of  commitment  appropriations/payment  appropriations  (financial  action)
(see 6.1.1)

Year n

n + 1

n + 2

n + 3

n + 4

Commitments
Payments

957 500 
957 500 

---
---

---
---

---
---

---
---

(€)

Total

957 500
957 500

n + 5
and
subs.
years
---
---

b) Technical and administrative assistance and support expenditure (see 6.1.2)

Commitments

Payments

Subtotal a+b

Commitments
Payments

957 500 
957 500 

---
---

---
---

---
---

---
---

---
---

957 500 
957 500 

7

c) Overall financial impact of human resource and other administrative expenditure (see 7.2
and 7.3)

Commitments/
payments

TOTAL a+b+c

Commitments
Payments

---

---

---

---

---

---
---

---
---

---
---

---
---

---
---

2.4

Compatibility with financial programming and financial perspective

X

Proposal is compatible with existing financial programming

(cid:1) Proposal  will  entail  reprogramming  of  the  relevant  heading  in  the  financial
perspective, and

(cid:1) may also require recourse to the Interinstitutional Agreement.

2.5

Financial impact on revenue:

Proposal  has  no 

X
implementation of a measure)

financial 

implications 

(concerns 

technicalities  of

OR

(cid:1) Proposal has financial impact - the impact on revenue is as follows:

(NB All details and observations relating to the method of calculating the impact
on revenue should be shown in a separate annex).

(€ million to one decimal place)

Situation following action
n+4
n+1

n+2

n+3

n+5

Budget
line

Revenue

a) Revenue in
absolute terms1
b) Change in
revenue2

Year
n3

Prior
to
action
(year
n-1)

 (cid:1)

8

3.

BUDGET CHARACTERISTICS

Type of expenditure

New

EFTA
contribution

Contributions
from applicant
countries

Heading in
financial
perspective

CE

DA

NO

NO

NO

4

4.

LEGAL BASIS

Article 37  of  Treaty  in  conjunction  with  Article 300(2)  and  first  paragraph  of
Article 300(3)

EC/Côte d’Ivoire Fishery Agreement (OJ L 379, 31.12.1990)

5.

5.1

DESCRIPTION AND GROUNDS

Need for Community action

5.1.1 Objectives pursued

The Protocol annexed to the Fishery Agreement between the EC and the Government of the
Republic of Côte d’Ivoire expires on 30 June 2003.

Given  the  situation  in  Côte d’Ivoire,  the  two  parties  have  decided  to  extend  the  Protocol's
validity for one year, i.e. from 1 July 2003 to 30 June 2004. The extension, in the form of an
exchange of letters, was initialled by the two parties in order to set the technical and financial
terms of fishing activity by EC vessels in Côte d’Ivoire waters for that period.

The  purpose  of  extension  is  to  enable  Community  vessel  owners  to  carry  on  fishing  in  the
Côte d’Ivoire  exclusive  economic  zone  (EEZ)  pending  negotiations  on  modification  of  the
Protocol.

5.1.2 Ex-ante evaluation

Given  that  the  proposal  is  for  extension  of  the  Protocol's  validity  on  unchanged  terms  for
one year only, no specific ex-ante evaluation has been carried out. Before a new Protocol is
proposed the existing one will be thoroughly evaluated (also covering the  extension  period)
and an ex-ante assessment of the newly negotiated Protocol made (see 8.2).

The following assessment of the value of the existing Protocol can however already be given.

The  Protocol  is  the  fifth since  entry  into  force  of  the  Fishery  Agreement  between  the  two
parties in 1990.

It is a tuna agreement with a secondary trawler component and one of the most important tuna
agreements concluded by the EC in the South Atlantic. Community tuna vessels use the port
of Abidjan, the leading tuna base in West Africa, to land their catches from the entire region,
not just the Côte d’Ivoire EEZ, and supply the local canneries.

9

The  2000-03  Protocol  allows  fishing  by  39  tuna  seiners,  20  surface  longliners  and
12 pole-and-line  vessels  plus  600 GRT  per  month  (annual  average)  of  demersal  trawler
capacity.

The average volume of use in terms of licences taken out has been very good for tuna seiners
(80-90%) but not at all satisfactory for the other categories. The tuna side of the Protocol is an
integral part of the network of agreements on tuna covering the Atlantic zone that enables the
Community fleet to follow straddling stocks.

Take-up under EC/Côte d’Ivoire Fishery Agreement
(numbers of vessels)

2000/01

2001/02

2002/03

Fishing
opportunity
offered

600 GRT per
month
(annual
average)

Vessel type

Demersal
trawlers

Pole-and-line
tuna boats

Tuna seniers

Surface
longliners

64%

45%

12

39

20

0

35

11

0

34

2

0

0

31

2

Since tunas are highly migratory species, catches in a particular zone can  vary considerably
from  one  fishing  year  to  another.  The  Community  fleet's  catches  in  Côte d’Ivoire  waters
cannot therefore be known in advance. It must also be borne in mind that the tuna caught is
sent  to  processing  plants  in  European  countries  (Spain,  Italy,  France,  Portugal)  and  to
canneries in certain West African countries (Côte d’Ivoire, also Senegal) much of the output
of which is exported to the Community market.

Catches were in general lower than the reference tonnage (8 500 t)

Take-up of EC/Côte d’Ivoire Fishery Agreement

(annual tonnages taken by tuna vessels)

Spain

France

Total

2000

1 248.5

4 048

5 296.5

2001

1 241

5 678

6 919

2002

n.a.

n.a.

n.a.

It is also to be noted that according to the Institut de Recherche pour le Développement, EU
tuna  vessels  make  up  the  majority  of  the  seniers  (75%  of  Abidjan's  tuna  traffic).  In  2000
Spanish  and  French  boats  landed  or  transhipped  90 615 tonnes  (63 017 t  landed,  17 608 t
transhipped) out of a total of 121 000 t for the port of Abidjan.

Abidjan is still the leading West African tuna port and the leading African tuna canner.

The  Agreement  is  clearly  advantageous  in  that  the  catch  value  far  exceeds  the  cost  of  the
Protocol. The average commercial value of the tuna is more than €1 000 per tonne.

10

In  addition  to  the  direct  commercial  value  of  the  catches  for  the  vessels  involved  the
Agreement yields the following manifest benefits:

–  guaranteed jobs on board fishing vessels;

–  multiplier  effect on  employment:  in  ports,  auction  markets,  processing  factories,

shipyards, service enterprises etc.;

–  location  of  these  jobs  in  regions  where  there  are  no  other  employment

possibilities;

–  contribution to Community's fish supply.

It  should  also  be  remembered  that  the  Council's  guidelines  on  negotiation  of  fishery
agreements  with  the  ACP  countries  specify  a  need  to  take  account  of  the  interest  to  the
Community in maintaining or establishing fishery relations with these countries.

5.1.3

Ex post evaluation.

A thorough evaluation of the Protocol will be made before submission of a proposal for the
Protocol for the period from July 2004. The period covered by the extension will be included
(see 8.2 below).

Turning to the targeted measures accounting for the major part of the financial contribution,
the  amount  assigned  under  the  2000-03  Protocol  has  been  used  by  the  national  authorities.
But they have encountered substantial delays in lodging of applications for payment and this
has held up payment itself and implementation of the measures. To prevent the same situation
arising during the  new Protocol period,  our Delegation at Abidjan has made the  officials of
the Ministry responsible for fisheries aware of the need to draw up in good time a full plan for
implementation of each measure.

5.2

Action envisaged and budgetary particulars

The EC will pay  for  the  period  1 July 2003  to  30 June 2004  a  total  amount  of  €957 500,  of
which  €275 000  will  be  financial  compensation  to  be  paid  by  31 December 2003  into  the
Public Treasury account indicated by the Côte d’Ivoire Government.

The remaining 71% (€682 500) will be for measures targeted on developing the fishery sector
in  Côte d’Ivoire  (scientific  and  technical  programmes,  surveillance,  institutional  support  to
the  fishery  administration  in  its  formulation  of  development  policies  and  strategies  for
fisheries and aquaculture, study awards, training periods etc.).

5.3

Implementation arrangements

Implementation  of  the Protocol falls exclusively to the Commission, which for  this  purpose
will use officials in both Brussels and at the Côte d’Ivoire Delegation.

11

6.

6.1

FINANCIAL IMPACT

Total financial impact on Part B (over entire programming period)

6.1.1 Financial assistance

Breakdown

Year n

n + 1

 n + 2

n + 3

n+ 4

Financial compensation
Targeted measures

275 000
682 500
TOTAL 957 500

n + 5
and
subs.
years

(€)

Total

275 000
682 500
957 500

6.1.2 Technical and administrative assistance, support expenditure and IT expenditure

(commitment appropriations)

Year n

n + 1

 n + 2

n + 3

n + 4

Total

n + 5
and
subs.
years

and

Technical 

1) 
administrative
assistance
a)  Technical  assistance
offices
b)  Other  technical  and
administrative
assistance:
- intramuros:
- extramuros:
of which for construction
and maintenace of
computerised
management systems:

Subtotal 1
2) Support expenditure
a) Studies
b) Meetings of experts
c) 
Information 
publications
Subtotal 2

and

TOTAL

12

6.2.

Calculation of costs by measure envisaged in Part B (over entire programming
period)

Breakdown

Measures 1, 2
and 3

Type
of output/
(projects, files)
1

Fishing
opportunities in
exchange for
financial
contribution

Number of outputs
(total for years 1…n)

Average unit cost

(€)

Total cost (total
for years 1…n)

3

957 500

4=(2X3)

957 500

2

39 tuna seiners, 12
pole-and-line vessels,
20 surface longliners,
600 GRT per month
(annual average) of
demersal fishing
capacity

TOTAL COST

957 500

7.

IMPACT ON STAFF AND ADMINISTRATIVE EXPENDITURE

7.1.

Impact on human resources

Type of post

Staff to be assigned to
management of the action using
existing and/or additional
resources

Number of
permanent posts

Number of
temporary
posts

Officials 
temporary
staff
Other 
resources
Total

or

A
B
C
human

1
1
1

3

Description of tasks

The  impact  will  be  spread  over
the  entire  unit  responsible  for
bilateral agreements

Total
man-
months

3
0.5
1.5

5

7.2

Overall financial impact (human resources)

Type of human resource

Amount €

Method of calculation

Officials
Temporary staff

Other human resources

33 375

(100 000/12 x 3)+(60 000/12 x 0.5)
+ (47 000/12 x 1.5)

(budget lines A-7000 and A-7003)

Total

33 375

The amounts are total expenditure for twelve months.

13

Amount €

Method of calculation

7.3

Other administrative expenditure

Budget line
(number and heading)

Overall allocation (Title A7)
A0701 – Missions
A07030 – Meetings
A07031 – Compulsory committees (1)
A07032 – Non-compulsory committees (1)
A07040 – Conferences
A0705 – Studies and consultations
Other expenditure (specify)

Information systems (A-5001/A-4300)

Other expenditure – Part A (specify)

Total

The amounts are total expenditure for twelve months.

(1) Specify the type of committee and the group to which it belongs.

I.

II.

Annual total (7.2 + 7.3)

Duration of action

€ 33 375

1 year

III.

Total cost of action (I +6.2)

€ 991 250

0
0
0
0
0

0

It  is  impossible  to  quantify  the  impact  of  any  particular  Protocol  on  the  workload  of  the
DG FISH unit responsible for these measures.

Renewal of Protocols under existing Fishery Agreements is one of the unit's activities but it
does not in itself have a specific impact on administrative expenditure.

If  the  Protocol  had  not  been  extended  (initialled),  a  substantial  volume  of  work  and
considerable expenditure (travel and meetings) would have been needed.

The  human  and  administrative  resource  requirements  are  to  be  covered  from  the  managing
DG's allocation.

8.

8.1

MONITORING AND EVALUATION

Monitoring arrangements

Within  four  months  of  the  anniversary  date  of  the  Protocol,  the  Côte d’Ivoire  Ministry
responsible for fisheries is required to present the Commission with a report (annual report)
on implementation of the measures and the results achieved. The Commission has the right to
ask the Ministry for further information on the results and to review the payments concerned
in the light of implementation of the measures.

A  meeting  of  the  Joint Committee  at  the  request  of  either  party  allows  the  Community  and
Côte d’Ivoire  to  consult  on  matters  pertaining  to  implementation  and  operation  of  the
Agreement. Any disagreement on its interpretation or application is a matter for consultation.

14

8.2

Evaluation: arrangements and frequency

Before  renewal  of  the  Protocol  in  July 2004  the  entire  period  covered  by  the  one  in  force
(including  the  extension  period)  will  be  assessed  using  indicators  measuring  direct  results
(catches, catch values) and other outcomes (number of jobs created and maintained, Protocol
cost/catch  value  ratio).  To  ensure  that  fishing  operations  in  the  region  are  sustainable,  an
economic, social  and  environmental impact  assessment  will  be  made  before  any  renewal  of
Protocols in the future.

9.

ANTI-FRAUD MEASURES

As  the  Community  makes  the  financial  contributions  as  a  direct  offset  to  the  fishing
opportunities offered the third country uses them as it wishes. It is however obliged to make
reports to the Commission, as specified in the Protocol, on the use of some of the money, an
annual report being required on implementation of and the results achieved from the measures
listed  in  Article 4  of  the  Protocol.  The  Commission  has  a  right  to  ask  for  additional
information  on  the  results  and  review  payments  in  the  light  of  implementation  of  the
measures.

In addition Member States who have vessels operating under the Agreement have to certify to
the Commission the accuracy of the particulars entered on vessel tonnage certificates so that
the basis of licence fee calculations is correct.

The  extended  Protocol  also  requires  Community  vessels  to  send  catch  declarations  to  the
Commission  and  the  Côte d’Ivoire  authorities.  These  are  the  basis  for  drawing  up  the  final
statements of catches for fee calculation purposes.

15