Proposal for a Council Decision on the conclusion of the Agreement in the form of an exchange of letters concerning the provisional application of the Protocol setting out, for the period from 1 July 2004 to 30 June 2007, the fishing opportunities and financial contribution provided for in the Agreement between the European Economic Community and the Republic of Côte d'Ivoire on fishing off the coast of Côte d'Ivoire
Date: 2004-09-29
Institutions: European Commission
Subjects: Côte d'Ivoire, common fisheries policy, financial compensation of an agreement, fishing agreement, interim agreement (EU), ratification of an agreement, renewal of an agreement

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 29.09.2004 
COM(2004) 617 final 

Proposal for a 

COUNCIL DECISION 

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

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

The Protocol to the Fisheries Agreement between the European Community and the Republic 
of Côte d’Ivoire expired on 30 June 2003. The Agreement extending the Protocol expired on 
30 June 2004. 

The two parties met in Abidjan from 9 to 13 November 2003 in the framework of the Joint 
Committee provided for in Article 10 of the Fisheries Agreement between Côte d’Ivoire and 
the European Community to analyse all aspects of the implementation of the provisions of the 
Protocol on fisheries. 

They found that there was a need to amend the provisions of the Protocol to take into account 
the new fisheries policy overall and towards non-member countries in particular. 

The new Protocol initialled on 3 March 2004 in Brussels covers a period of three years from 1 
July  2004  to  30  June  2007.  It  grants  fishing  opportunities  on  an  annual  basis  amounting  to 
1 300  GT  per  month  on  average  each  year  for  demersal  trawlers,  for  34  tuna  seiners,  11 
surface longliners and 3 pole-and-line tuna vessels. 

The financial contribution is EUR 1 065 000 per year and is to be allocated to supporting and 
implementing the sectoral fisheries policy.  

The  two  sides  agreed  on  the  need  to  concentrate  efforts  on  control  and  monitoring  and  on 
scientific research, in order to promote sustainable fisheries. 

A scientific committee has been set up to monitor fisheries resources. 

The Protocol now also includes an exclusivity clause and a social clause. 

The  Commission  accordingly  proposes  that  the  Council  adopt  a  decision  applying  the  draft 
Agreement in the form of an Exchange of Letters concerning the provisional application of the 
new Protocol pending its definitive entry into force. 

A proposal for a Council regulation on the conclusion of the new Protocol is the subject of a 
separate procedure. 

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Proposal for a 

COUNCIL DECISION 

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

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), first subparagraph thereof, 

Having regard to the proposal from the Commission1, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

Under the Agreement between the European Economic Community and the Republic of 
Côte d’Ivoire on fishing off the coast of Côte d’Ivoire2, before the expiry of the extension 
of the Protocol annexed to the Agreement the contracting parties are to negotiate in order 
to agree the content of the Protocol for the following period and any changes or additions 
to be made to the Annex. 

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

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

The Protocol in question must be applied at the earliest opportunity if fishing activities by 
Community  vessels  are  not  to  be  interrupted.  To  that  end,  the  two  parties  initialled  an 
Agreement in the form of an exchange of letters providing for the provisional application 
of  the  initialled  Protocol  from  the  day  following  that  on  which  the  Protocol  in  force 
expired. That Agreement should be approved. 

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

1 
2 

OJ C […], […], p. […]. 
OJ L 379, 31.12.1990, p. 3. 

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HAS DECIDED AS FOLLOWS: 

Article 1 

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

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

Article 2 

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

(a) 

demersal species: 

Spain: 1 300 GT per month, averaged over the year, 

(b) 

tuna fishing vessels: 

(i) 

tuna seiners 

– 

– 

France: 17 vessels 

Spain: 17 vessels 

(ii) 

surface longliners 

– 

– 

Spain: 6 vessels 

Portugal: 5 vessels 

(iii)  pole-and-line tuna vessels 

– 

France: 3 vessels 

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

Article 3 

Member  States  who  have  vessels  fishing  under  the  present  Agreement  shall  notify  to  the 
Commission, in accordance with Commission Regulation (EC) No 500/20013, the quantities of 
each stock taken in the Côte d’Ivoire fishing zone. 

3 

OJ L 73, 15.3.2001, p. 8. 

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Article 4 

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

Done at Brussels, 

For the Council 
The President 

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AGREEMENT 

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

A. Letter from the Government of the Côte d’Ivoire 

Sir, 

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

This  is  on  the  understanding  that  the  first  instalment  of  the  financial  contribution  specified  in 
Article 3 of the Protocol is paid by 31 December 2004.  

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

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

For the Government of the Côte d’Ivoire 

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B. Letter from the European Community 

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

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

This  is  on  the  understanding  that  the  first  instalment  of  the  financial  contribution  specified  in 
Article 3 of the Protocol is paid by 31 December 2004.  

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

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

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

On behalf of the Council of the European Union 

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PROTOCOL 

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

1. 

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

Article 1 

(a) 

trawlers  designed 

freezer 
taking  deepwater 
crustaceans,  cephalopods  and  demersal  fish:  an  annual  average  of  1 300  GT4 
per month; 

to  fish  demersal  species, 

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

(c) 

surface longliners: 11 vessels; 

(d) 

tuna seiners: 34 vessels. 

2. 

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

Article 2 

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

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

Article 3 

1. 

2. 

The financial contribution for the fishing opportunities laid down in Article 1 and the 
support  for  the  sectoral  fisheries  policy  laid  down  in  Article  4  below  shall  be 
EUR 1 065 500 per year.  

The financial contribution for tuna fishing shall cover a catch of 9 000 tonnes a year 
in Côte d’Ivoire waters. If the tuna caught by Community vessels in the Côte d’Ivoire 
fishing  zone  exceeds  this  weight,  the  amount  referred  to  above  shall  be 
proportionately  increased.  However,  the  total  amount  of  the  financial  contribution 

4 

As defined by Council Regulation (EC) No 2371/2002 of 20.12.2002. 

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3. 

1. 

2. 

paid  by  the  Community  shall  not  be  more  than  twice  the  amount  indicated  in 
paragraph 1. 

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

Article 4 

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

(a) 

(b) 

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

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

(c) 

improved fisheries statistics: EUR 100 000; 

(d) 

aid  for  the  Ministry  responsible  for  fisheries  for  drawing  up  fisheries 
development policies and strategies: EUR 485 000. 

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

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

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

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

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

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

Article 5 

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

Article 6 

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

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

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

Article 7 

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

Article 8 

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

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

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

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Article 9 

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

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

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

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

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

Article 10 

It shall apply from 1 July 2004. 

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Conditions for the exercise of fishing activities by Community vessels in the Côte d’Ivoire 
fishing zone 

ANNEX 

A. 

LICENCE APPLICATION AND ISSUING FORMALITIES 

The  relevant  Community  authorities  shall  present  to  the  Côte  d’Ivoire  Ministry  responsible 
for fisheries, via the Delegation of the European Commission in Côte d’Ivoire, an application 
for each vessel wishing to fish under the Agreement. 

Applications  shall  be  made  on  the  forms  provided  for  that  purpose  by  Côte  d’Ivoire, 
specimens of which are attached (Appendix 1). 

Each licence application shall be accompanied by proof of payment of the fee for the period 
of the licence’s validity. 

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

The Côte d’Ivoire Ministry responsible for fisheries shall communicate, before the entry into 
force  of  the  Agreement,  all  information  concerning  the  bank  accounts  to  be  used  for  the 
payment of the fee. 

Licences shall be issued for a specific vessel and shall not be transferable. 

However,  in  the  case  of  force  majeure  and  at  the  request  of  the  European  Commission,  a 
vessel’s  licence  shall  be  replaced  by  a  new  licence  for  another  vessel  with  characteristics 
similar  to  those  of  the  first  vessel.  The  owner  of  the  first  vessel  shall  return  the  cancelled 
licence  to  the  Côte  d’Ivoire  Ministry  responsible  for  fisheries  via  the  Delegation  of  the 
European Commission in Côte d’Ivoire. 

The new licence shall indicate: 

– 

– 

the date of issue, 

the fact that it invalidates and replaces the licence of the previous vessel. 

No fee as laid down in Article 4(2) of the Agreement shall be due for any unexpired period of 
validity. 

1. 

2. 

Licences shall be transmitted by the Côte d’Ivoire Ministry responsible for fisheries 
to  the  Delegation  of  the  European  Commission  in  Côte  d’Ivoire  within  30  days  of 
receipt of the application. 

The original of the licence must be held on board at all times and be presented at any 
time on request of the competent Côte d’Ivoire authorities. 

However, for pole-and-line tuna vessels, tuna seiners and surface longliners, the Côte 
d’Ivoire Ministry responsible for fisheries shall, upon receipt of notification from the 
European  Commission  that  advance  payment  has  been  made,  enter  the  vessel 
concerned  in  the  list  of  vessels  with  authorisation  to  fish  sent  to  the  Côte  d’Ivoire 

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3. 

4. 

B. 

1. 

2. 

3. 

4. 

control  authorities.  Pending  receipt  of  the  original  of  the  licence,  a  copy  of  the 
licence that has been drawn up may be issued by fax to be held on board the vessel. 

Trawlers authorised under Article 2 of the Agreement must notify the Côte d’Ivoire 
Ministry responsible for fisheries of any changes to the characteristics of a vessel as 
entered on the licence when issued and as listed in Appendix 1. 

Any  increase  in  gross  tonnage  (GT)  of  a  trawler  shall  require  a  new  licence 
application. 

PROVISIONS  APPLICABLE  TO  POLE-AND-LINE  TUNA  VESSELS,  TUNA  SEINERS  AND 
SURFACE LONGLINERS 

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

The  fee  shall  be  EUR  25  per  tonne  of  fish  caught  within  the  Côte  d’Ivoire  fishing 
zone. 

Licences shall be issued following payment of a lump sum of EUR 375 per year for 
each  pole-and-line  tuna  vessel,  EUR  2  750  per  year  for  each  tuna  seiner  and 
EUR 1 000 per year for each surface longliner. 

The  final  statement  of  the  fees  due  for  the  fishing  year  shall  be  drawn  up  by  the 
European  Commission  at  the  end  of  each  calendar  year  on  the  basis  of  the  catch 
declarations  made  by  each  shipowner  and  confirmed  by  the  scientific  institutes 
responsible  for  verifying  catch  data,  such  as  the  Institut  de  Recherche  pour  le 
Développement (IRD), the Instituto Español de Oceanografía (IEO) and the Instituto 
Português de Investigação  Marítima (IPIMAR) on the one hand and the  Centre  de 
Recherches  Océanologiques  de  Côte  d’Ivoire  on  the  other.  The  statement  shall  be 
forwarded simultaneously to the Côte d’Ivoire fishing authorities and the shipowners. 
Any additional payments due shall be made by the shipowners to the Côte d’Ivoire 
fishing authorities no later than 30 days after notification of the final statement. 

However, if the amount of the final statement is lower than the above advance, the 
resulting balance shall not be reimbursable to the shipowner. 

5. 

Part of the fees paid within the context of this Article shall be assigned to supporting 
fisheries development. 

The  Côte  d’Ivoire  authorities  shall  communicate,  before  the  entry  into  force  of  the 
Agreement, all details of the bank account to be used for the payment of the fees. 

C. 

1. 

PROVISIONS APPLICABLE TO FREEZER TRAWLERS 

In  the  case  of  freezer  trawlers,  licences  shall  be  valid  for  three,  six  or  12  months. 
They shall be renewable. 

2. 

The annual fee shall be EUR 100 per GT per vessel. 

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D. 

1. 

Fees for licences for periods of less than one year shall be paid on a pro rata basis. 
Six-month  and  three-month  licences  shall  be  subject  to  a  surcharge  of  3%  and  5% 
respectively. 

CATCH DECLARATIONS 

Vessels  authorised  to  fish  in  the  Côte  d’Ivoire  fishing  zone  under  this  Agreement 
shall  send  their  catch  declarations  to  the  fishing  authorities  with  a  copy  to  the 
Delegation of the European Commission in Côte d’Ivoire, as follows: 

(a) 

(b) 

trawlers  shall notify  their catches  using the form given in Appendix 2. These 
declarations  shall  be  monthly  and  must  be  communicated  at  least  once  every 
three months; 

for pole-and-line tuna vessels, tuna seiners and surface longliners a fishing log 
shall  be  kept,  in  accordance  with  the  model  in  Appendix  3  in  the  case  of 
surface  longliners  and  Appendix  4  in  the  case  of  seiners  and  pole-and-line 
vessels for each fishing period spent in the Côte d’Ivoire fishing zone. It shall 
be filled in even when no catches are made. 

The form shall either be collected in port by the relevant departments of the Centre 
de  Recherches  Océanologiques  de  Côte  d'Ivoire  or  sent  to  the  same  department 
within 45 days of the end of the fishing trip spent in the Côte d’Ivoire fishing zone. 

Copies  shall  be  sent  to  the  Ministry  responsible  for  fisheries  and  to  the  scientific 
institutes referred to in paragraph 4 of section B above. 

Forms  must  be  completed  legibly  and  be  signed  by  the  master  of  the  vessel. 
Moreover,  the  master  must  enter  the  words  ‘Outside  Côte  d’Ivoire  EEZ’  in  the 
abovementioned fishing log in respect of periods during which the vessels are not in 
Côte d’Ivoire waters. 

2. 

If  these  provisions  are  not  complied  with,  the  Côte  d’Ivoire  authorities  reserve  the 
right to suspend the licence of the offending vessel until the required formality has 
been  fulfilled.  In  this  case,  the  Delegation  of  the  European  Commission  in  Côte 
d’Ivoire shall be informed without delay. 

E. 

LANDING OF CATCHES 

Tuna  vessels  and  surface  longliners  landing  their  catches  in  a  Côte  d’Ivoire  port  shall, 
wherever  possible,  make  their  by-catches  available  to  Côte  d’Ivoire  dealers  at  local  market 
prices in accordance with the principles of free competition. 

In addition, Community tuna vessels shall contribute towards supplying Côte d’Ivoire’s tuna-
canning factories at a price fixed by mutual agreement between Community shipowners and 
Côte d’Ivoire dealers on the basis of current prices on the international market. Payment shall 
be  made  in  convertible  currency.  The  landing  schedule  must  be  drawn  up  by  mutual 
agreement between the Community shipowners and Côte d’Ivoire dealers.  

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F. 

1. 

2. 

FISHING ZONES 

To  protect  spawning  grounds  and  local  small-scale  fishing  activities,  Community 
vessels with licences may not carry out fishing activities as laid down in Article 2 of 
the Agreement in the following zones: 

– 

up  to  twelve  nautical  miles  from  the  coast  in  the  case  of  pole-and-line  tuna 
vessels and surface longliners, 

– 

up to six nautical miles from the coast in the case of freezer trawlers, 

However, pole-and-line tuna vessels using live bait shall be authorised to fish for bait 
in the prohibited zone defined above to obtain bait strictly within the limits of their 
own requirements. 

G. 

ENTERING AND LEAVING THE ZONE 

All vessels shall notify their position and the catch held on board direct to the Côte d’Ivoire 
Ministry  responsible  for  fisheries,  preferably  by  fax  (+225  21  35  04  09)  or,  for  vessels  not 
equipped  with  a  fax,  by  radio  or  e-mail  (dphcotedivoire@aviso.ci),  within  three  hours  of 
entering or leaving the Côte d’Ivoire fishing zone and every three days while fishing in Côte 
d’Ivoire waters. 

Vessels  shall  be  informed  of  the  relevant  fax  number  and  radio  frequency  when  the  fishing 
licence is issued. 

The Côte d’Ivoire Ministry responsible for fisheries and shipowners shall keep a copy of fax 
communications or a recording of radio communications until both parties have agreed to the 
final statement of fees due referred to in section B. 

A vessel found to be fishing without having informed the Côte d’Ivoire Ministry responsible 
for fisheries shall be regarded as a vessel without a licence and liable to the penalties provided 
for in national legislation. 

H. 

MESH SIZES 

The minimum mesh size authorised (mesh fully extended) shall be: 

(a) 

(b) 

(c) 

(d) 

40 mm for freezer trawlers taking deepwater crustaceans; 

70 mm for freezer trawlers taking cephalopods; 

60 mm for freezer trawlers taking fish; 

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

EN 

15 

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I. 

SIGNING-ON OF SEAMEN 

Owners  of  vessels  which  have  been  granted  licences  as  provided  by  the  Agreement  shall 
contribute  to  the  practical  vocational  training  of  Côte  d’Ivoire  nationals,  on  the  following 
terms and subject to the following limits: 

1. 

Each trawler owner shall undertake to employ: 

– 

– 

– 

one seaman for vessels under 460 GT; 

two seamen for vessels between 460 and 550 GT; 

three seamen for vessels over 550 GT. 

The  owners  of  tuna  vessels  and  surface  longliners  shall  employ  Côte  d’Ivoire 
seamen, subject to the following conditions and limits: 

– 

– 

– 

for  the  fleet  of  tuna  seiners,  four  Côte  d'Ivoire  seamen  shall  be  signed  on 
during the fishing season in the Côte d'Ivoire fishing zone. Each pole-and-line 
vessel may not be required to take on more than one seaman. 

for the fleet of tuna seiners, 30 Côte d’Ivoire seamen shall be signed on; 

for the fleet of surface longliners, four Côte d'Ivoire seamen shall be signed on 
during  the  tuna  fishing  period  in  the  Côte  d'Ivoire  fishing  zone.  Each  surface 
longliner may not be required to take on more than one seaman. 

The  above  limits  shall  not  preclude  the  signing-on  of  additional  Côte  d’Ivoire 
seamen at the request of the shipowners. 

The  Côte  d’Ivoire  seamen  shall  be  chosen  by  the  shipowners  from  among 
professional seamen recognised by the Ministry responsible for fisheries. 

The  wages  of  these  seamen  shall  be  fixed,  before  licences  are  issued,  by  mutual 
agreement  between  the  shipowners  or  their  representatives  and  the  Côte  d’Ivoire 
Ministry responsible for fisheries. The wages shall be borne by the shipowners and 
must include the social contributions to which each seaman is subject (including life 
assurance and accident and sickness insurance). 

If the seamen are not signed on, the owners of trawlers, pole-and-line tuna vessels, 
tuna seiners and surface longliners shall be obliged to pay a lump sum equivalent to 
the wages of seamen not signed on, based on the number of days spent in the Côte 
d’Ivoire fishing zone.  

This sum will be used for the training of seamen in Côte d’Ivoire and is to be paid 
into the account specified by the Ministry responsible for fisheries. 

Any vessel may be required to take on board a trainee student on a proposal from the 
Ministry  responsible  for  fisheries,  subject  to  the  agreement  of  the  vessel’s  master. 
Trainees  shall  be  accorded  the  same  conditions  on  board  as  those  enjoyed  by 
crewmen  at  the  same  level,  as  far  as  possible.  Côte  d’Ivoire  shall  cover  the 
subsistence expenses for each trainee. 

2. 

3. 

4. 

EN 

16 

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J. 

SCIENTIFIC OBSERVERS 

At  the  request  of  the  Côte  d’Ivoire  Ministry  responsible  for  fisheries,  vessels  fishing  in  the 
Côte d’Ivoire fishing zone shall take a scientific observer on board. These observers shall be 
treated  as  officers.  This  applies  equally,  as  far  as  possible,  to  the  quarters  assigned  to  the 
observer. The time spent on board by observers shall be fixed by the Ministry responsible for 
fisheries, but, as a general rule, it should not exceed the time required to carry out their duties. 
Once on board, observers shall: 

– 

– 

– 

– 

– 

observe the fishing activities of vessels, 

verify the position of vessels when engaged in fishing operations, 

perform biological sampling in the context of scientific programmes, 

note the fishing gear used, 

verify the catch data for the Côte d’Ivoire zone recorded in the logbook. 

While on board, observers shall: 

– 

– 

– 

take all appropriate steps to ensure that the conditions under which they are taken on 
board and their presence on board do not interrupt or hamper fishing activities, 

respect the material and equipment on board and the confidentiality of all documents 
belonging to the vessel.  

draw up an activity report to be transmitted to the Côte d’Ivoire Ministry responsible 
for fisheries and send a copy to the Delegation of the European Commission. 

The  conditions  governing  the  taking  on  board  of  observers  shall  be  agreed  between  the 
shipowner  or  its  agent  and  the  Côte  d’Ivoire  Ministry  responsible  for  fisheries.  Owners  of 
trawlers  shall  pay  the  Côte  d’Ivoire  Ministry  responsible  for  fisheries,  together  with  the 
licence fee, the sum of EUR 3 per GT per year pro rata temporis for each vessel fishing in 
Côte d’Ivoire waters. This sum shall be paid into the account specified by the Côte d’Ivoire 
Ministry  responsible  for  fisheries.  Owners  of  tuna  seiners,  pole-and-line  tuna  vessels  and 
surface longliners shall pay the Côte d’Ivoire Government EUR 10 per day spent on board for 
each observer taken on board. Shipowners who are unable to take observers aboard and put 
them off at a Côte d’Ivoire port agreed by mutual agreement with the Côte d’Ivoire Ministry 
responsible for fisheries shall bear the cost of taking the observers aboard and putting them 
ashore. 

If  the  observer  is  not  present  at  the  time  and  place  agreed  and  during  the  twelve  hours 
following the time agreed, shipowners shall be automatically absolved of their obligation to 
take the observer on board. 

The salary and social contributions of each observer shall be borne by the Côte d’Ivoire. 

EN 

17 

   EN 

 
K. 

INSPECTION AND MONITORING 

At  the  request  of  the  Côte  d’Ivoire  authorities,  Community  vessels  operating  within  the 
Agreement shall permit and facilitate the boarding and fulfilment of the tasks of Côte d’Ivoire 
officials responsible for the inspection and monitoring of fishing activities. 

These officials shall not remain on board any longer than the time required to carry out their 
duties. 

L. 

1. 

2. 

3. 

4. 

BOARDING OF VESSELS 

The  Delegation  of  the  European  Commission  in  Côte  d’Ivoire  shall  be  notified 
within three working days of any boarding within the Côte d’Ivoire fishing zone of a 
fishing  vessel  flying  the  flag  of  a  Member  State  of  the  Community  and  operating 
under this Agreement. The Delegation shall at the same time receive a brief report of 
the circumstances and reasons leading to the boarding. 

Before  any  measures  regarding  the  master  or  the  crew  of  the  vessel  or  any  action 
regarding the cargo and equipment of the vessel are considered, other than those to 
safeguard  evidence  relating  to  the  presumed  infringement,  a  consultation  meeting 
shall  be  held,  within  one  working  day  from  the  receipt  of  the  abovementioned 
information, between the Delegation of the European Commission in Côte d’Ivoire, 
the  fisheries  authorities  and  the  inspection  authorities,  possibly  attended  by  a 
representative  of  the  Member  State  concerned.  At  the  meeting,  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. 

Before  any  judicial  procedure,  an  attempt  shall  be  made  to  resolve  the  presumed 
infringement  through  a  compromise  procedure.  This  procedure  shall  end  no  later 
than  three  working  days  after  informing  the  Delegation  of  the  European 
Commission. 

If  the  case  is  not  settled  by  means  of  compromise,  and  the  master  is  consequently 
brought before a competent Côte d’Ivoire judicial body, a reasonable bank security 
shall  be  fixed  by  the  competent  authority  within  two  working  days  following  the 
conclusion  of  the  compromise  procedure,  pending  the  judicial  decision.  The  bank 
security  shall  be  released  by  the  competent  authority  once  the  master  of  the  vessel 
concerned has been discharged by the judicial decision. 

5. 

The vessel and its crew shall be released either: 

– 

– 

– 

at the end of the consultation meeting, if the established facts permit, or 

on receipt of payment of a fine (compromise procedure), or 

once a bank security is deposited (judicial proceedings). 

EN 

18 

   EN 

 
6. 

If one of the parties considers that there is a problem or dispute in the application of 
the above procedure, it may request urgent consultations between the parties to this 
Protocol. 

EN 

19 

   EN 

 
APPENDIX 1 

MINISTÈRE DE LA 

RÉPUBLIQUE DE CÔTE- 

PRODUCTION ANIMALE 

D'IVOIRE 

BP V 84 Abidjan 

UNION-DISCIPLINE-TRAVAIL 

(République de Côte-d'Ivoire) 

APPLICATION FOR A FISHING LICENCE 

SECTION A 

1. Name of shipowner: ..............................................................................................................  

2. Nationality of shipowner:......................................................................................................  

3. Business address of shipowner:.............................................................................................  

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

SECTION B 

(to be completed for each vessel) 

1. Period of validity:..................................................................................................................  

2. Name of vessel: .....................................................................................................................  

3. Year of construction:.............................................................................................................  

4. Flag of origin:........................................................................................................................  

5. Current flag: ..........................................................................................................................  

6. Date on which current flag was acquired:.............................................................................  

7. Year of purchase: ..................................................................................................................  

8. Home port & registration number .........................................................................................  

9. Areas of operation: ................................................................................................................  

10. Type of fishing: ...................................................................................................................  

11. Gross tonnage (GT):............................................................................................................  

12. Net tonnage (NT): ...............................................................................................................  

13. Radio call sign:....................................................................................................................  

14. Length overall (metres): ......................................................................................................  

15. Stem (metres): .....................................................................................................................  

EN 

20 

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16. Depth (metres):....................................................................................................................  

17. Hull construction material:..................................................................................................  

18. Engine power: .....................................................................................................................  

19. Speed (knots):......................................................................................................................  

20. Cabins:.................................................................................................................................  

21. Capacity of fuel tanks (m3): ................................................................................................  

22. Capacity of fish holds (m3): ................................................................................................  

23. Freezing capacity in tonnes/24 hours and system used:......................................................  

24. Colour of hull: .....................................................................................................................  

25. Colour of superstructures: ...................................................................................................  

26. Crew numbers: ....................................................................................................................  

27. On-board communication equipment: 

Type  Make  Model 

Power 
(Watt) 

Year of 
construction

Frequencies 

Reception 

Transmission 

EN 

21 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
28. 

Navigating and sounding equipment: 

Type 

Make 

Model 

29. Auxiliary boats used (for each vessel): ...............................................................................  

29.1. Gross tonnage (GT):.........................................................................................................  

29.2. Length overall (metres): ...................................................................................................  

29.3. Stem (metres): ..................................................................................................................  

29.4. Depth (metres):.................................................................................................................  

29.5. Hull construction material:...............................................................................................  

29.6. Engine power: ..................................................................................................................  

29.7. Speed (knots):...................................................................................................................  

30. Auxiliary aerial equipment used to detect fish (even if not installed on board): ................  

31. Home port:...........................................................................................................................  

32. Name of captain: .................................................................................................................  

33. Address:...............................................................................................................................  

34. Nationality of captain:.........................................................................................................  

EN 

22 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Attach: 

– 

– 

– 

three colour photocopies showing the vessel (side view), auxiliary fishing boats and 
auxiliary aerial equipment used to detect fish, 

an illustration and detailed description of the fishing gear used, 

a  document  proving  that  the  representative  of  the  shipowner  is  empowered  to  sign 
this application. 

………………………… 

………………………………………………….. 

(Date of application) 

(Signature of representative of shipowner) 

EN 

23 

   EN 

 
APPENDIX 2 

FREEZER TRAWLERS 
(DEMERSAL SPECIES) 

Vessel name: 
Nationality (flag): 

Dates 

Fishing area 

Longitude 

Latitude 

Engine power 
Gross tonnage (t) 

Number of 
catches 

Number of 
fishing 
hours 

  Month 

  Fishing method 
  Port of landing 

Year: 

Species of fish 

Totals 

1) 

2) 

3) 

4) 

5) 

6) 

7) 

8) 

9) 

10) 

11) 

12) 

13) 

14) 

15) 

16) 

17) 

18) 

19) 

20) 

21) 

22) 

23) 

24) 

25) 

26) 

27) 

28) 

29) 

EN 

24 
EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
30) 

31) 

TOTAL

EN 

25 
EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
Vessel name:…………………………………………………………………… 

Flag country:   
……………………………………………………………………...........................

Gross tonnage (GT): 
………………………………………………….............................
Capacity - (M.T.): …………………………………………….. 

Registration No: 
………………………………………………………………...................................
Shipowner: ………………………………………………………… 
Address: ………………………………………………………………………….  Reporting date: ………………………………………………. 

No of crew: 
….…………………………………………………........................

Captain: ……………………………………………………….. 

(Reported by):  
……………………………………………….................................

APPENDIX 3 

ICCAT LOGBOOK FOR TUNA FISHERY

Longline 

Live bait 

Purse Seine 

Trawling 

Outros (Others) 

Month  Day

Year 

Port 

Vessel DEPARTED: 

Vessel 
RETURNED: 

No of days at sea: 

Capturas (Catches) 

No of fishing days: 

No of sets made: 

Trip number: 

Date 

Month  Day 

Area 

Surface 
water 
temp. 
(ºC) 

W
E

/

e
d
u
t
i
g
n
o
L

S
/
N
e
d
u
t
i
t
a
L

Fishing effort 

Bluefin Tuna 

No of hooks 
used 

Thunnus 
thynnus or 
maccoyi  
No  Weight 
(kg) 

Yellowfin 
Tuna 

(Bigeye Tuna) 

(Albacore) 

(Swordfish) 

(Strip Marlin) 
(White Marlin) 

(Black Marlin)

(Sailfish) 

Skipjack 

Thunnus 
albacares 
No 

kg  No 

Thunnus 
obesus 
kg 

Thunnus 
alalunga 
No  kg 

Xiphias 
gladius 
kg 

No 

Tetraptunus 
audax or albidus 
kg 
No 

Makaira 
indica 
kg 

No 

Istiophorus albicane 
or platypterus 
kg 
No 

Katsuwonus 
pelamis 
kg 

No 

No 

kg 

(weight in kg 
only) 
kg 

No 

Daily total 

(Miscellaneous 
fish) 

Isco usado na pesca 
(Bait used) 

y
r
u
a
S

d
i
u
q
S

t
i
a
b
e
v
i
L

(Others) 

LANDING WEIGHT (IN KG) 
Notes 
1 - Use one sheet per month, and one line per day. 

  3 - “Day” refers to the day you set the line. 

2 - At the end of each trip, forward a copy of the log to your correspondent 
or to the ICCAT, Calle Corazón de María, 8, 28002 Madrid, Spain. 

  4 - Fishing area refers to the position of the boat. Round off minutes and record 
degree of latitude and longitude. Be sure to record N/S and E/W. 

5 - The last line (landing weight) should be completed only at the end of the trip. Actual 
weight at the time of unloading should be recorded. 
6 - All information reported herein will be kept strictly confidential. 

EN 

26 
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NAME OF VESSEL 

APPENDIX 4 

TUNA SEINERS, POLE-AND-LINE TUNA VESSELS 
SKIPPER 

PORT OF DEPARTURE ................................................................................................................

DATE .........................................................TIME ................................................................. 

PORT OF ARRIVAL ...................................................................................................................... 
DATE .........................................................TIME ................................................................. 

Sheet No 

LOG ......................................................................................................................................... 

LOG ......................................................................................................................................... 

  Position 
at time of 
haul, 
otherwise 
  at midday 

Dates 

No 
of 
haul 

Yellowfin tuna 
Size 
kg 

Tonnage 
t 

Estimated catches 

Skipjack tuna 
Size 
Tonnage
kg 

t 

Bigeye tuna 
Tonnage

Size

kg 

t 

Other species 
Size 
Tonnage
kg 

t 

Tank 
No 

Comments 
Route or search, discards birds, 
type of shoals, mixture of species, 

miscellaneous problems, time spent on a 
haul 

Wreckage 

Surface 

Physical conditions 
Visibility 
(in miles), 
sky 

Current, 

direction, 
speed 

Heli- 
copter 

Situation, 
sea, 
wind 

TOTALS 

EN 

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