Proposal for a Council Regulation on the conclusion of the Fisheries Partnership Agreement between the European Community and the Republic of Cape Verde
Date: 2006-07-06
Institutions: European Commission
Subjects: Cabo Verde, European Community, financial compensation of an agreement, fishery management, fishery resources, fishing agreement, fishing rights

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 6.7.2006 
COM(2006) 363 final 

2006/0122 (CNS) 

Proposal for a 

COUNCIL REGULATION 

on the conclusion of the Fisheries Partnership Agreement between the European 
Community and the Republic of Cape Verde 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

The  Community  and  the  Republic  of  Cape  Verde  have  negotiated  and  initialled,  on 
16 December 2005, a Fisheries Partnership Agreement which provides Community fishermen 
with  fishing  opportunities  in  the  Cape  Verde  fishing  zone.  This  Partnership  Agreement, 
accompanied by a Protocol and the Annex thereto, has been signed for a period of six years 
from its entry into force and is renewable. On the date of its entry into force, this Agreement 
repeals  and  replaces  the  Agreement  between  the  European  Economic  Community  and  the 
Republic of Cape Verde on fishing off the coast of Cape Verde which entered into force on 24 
July 1990. 

The  Protocol  and  the  Annex  thereto  setting  out  the  technical  and  financial  conditions 
governing the fishing activities of Community vessels have been signed for a period of five 
years from 1 September 2006. This Protocol and the Annex thereto shall enter into force from 
the  entry  into  force  of  the  new  Agreement.  In  any  event,  they  may  not  apply  before  1 
September 2006. 

The Commission’s negotiating position was based in part on the results of an ex-post and ex-
ante evaluation carried out by independent experts. 

The  main  objective  of  the  new  Partnership  Agreement is to  strengthen cooperation between 
the European Community and the Republic of Cape Verde, thereby creating a framework of 
partnership in which to develop a sustainable fisheries policy and responsible exploitation of 
fisheries  resources  in  the  Cape  Verde  fishing  zone,  in  the  interests  of  both  parties.  The  two 
parties  are  taking  part  in  a  political  dialogue  on  topics  of  mutual  interest  in  the  fisheries 
sector.  In  the  Fisheries  Partnership  Agreement,  the  current  priorities  of  fisheries  policy  in 
Cape  Verde  will  allow  the  identification  by  mutual  agreement  between  the  two  parties  of 
objectives,  and  the  annual  and  multiannual  programming  to  attain  them,  with  a  view  to 
ensuring a sustainable and responsible management of the sector. 

The Partnership Agreement also provides for encouraging economic, scientific and technical 
cooperation in the fisheries sector and related sectors. 

The  financial  contribution  is  fixed  at  EUR 385 000  per  year.  Of  this  financial  contribution, 
80%  will  allow  annual  financial  support  for  defining  and  implementing  a  sectoral  fisheries 
policy  in  Cape  Verde,  with  a  view  to  introducing  responsible  and  sustainable  fishing.  The 
fishing opportunities provided for in the Agreement have been laid down: (1) for the fishing 
category  ‘freezer  tuna  seiners’:  25  vessels;  (2)  for  the  fishing  category  ‘pole-and-line  tuna 
vessels’: 11 vessels; (3) for the fishing category ‘surface longliners’: 48 vessels. The Protocol 
fixes a reference tonnage of 5 000 tonnes of tuna per year. The Protocol also provides for an 
additional payment mechanism for the Community and shipowners in the event of an overrun 
on this reference tonnage. 

Shipowners’  fees  have  been  fixed  for  each  category,  and  could  create  an  additional  annual 
income of around EUR 243 450 million for Cape Verde. 

The  Commission  proposes  on  this  basis  that  the  Council  adopt  the  conclusion  of  this  new 
Fisheries Partnership Agreement between the European Community and the Republic of Cape 
Verde by Regulation. 

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2006/0122 (CNS) 

Proposal for a 

COUNCIL REGULATION 

on the conclusion of the Fisheries Partnership Agreement between the European 
Community and the Republic of Cape Verde 

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 subparagraph of Article 300(3) thereof, 

Having regard to the proposal from the Commission, 

Having regard to the opinion of the European Parliament, 

Whereas: 

(1) 

The  Community  and  the  Republic  of  Cape  Verde  have  negotiated  and  initialled  a 
Fisheries  Partnership  Agreement  providing  Community  fishermen  with  fishing 
opportunities  in  the  waters  falling  within  the  sovereignty  or  jurisdiction  of  the 
Republic of Cape Verde. 

(2) 

It is in the Community’s interest to approve that Agreement. 

(3) 

The method for allocating the fishing opportunities among the Member States should 
be defined, 

HAS ADOPTED THIS REGULATION: 

Article 1 

The Fisheries Partnership Agreement between the European Community and the Republic of 
Cape Verde is hereby approved on behalf of the Community. 

The text of the Agreement is attached to this Regulation.  

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

Article 2 

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Fishing category 

Tuna fishing 

Type of vessel 

Surface longliners 

Member State 
Spain 

Tuna fishing 

Freezer tuna seiners 

Portugal 

Spain 

France 

Tuna fishing 

Pole-and-line tuna vessels 

Spain 

France 

Licences or quota 

41 

7 

12 

13 

7 

4 

If licence applications from these Member States do not cover all the fishing opportunities laid 
down  by  the  Protocol,  the  Commission  may  take  into  consideration  licence  applications  from 
any other Member State. 

Article 3 

The Member States whose vessels fish under this Agreement shall notify the Commission of 
the  quantities  of  each  stock  caught  within  the  Cape  Verde  fishing  zone  in  accordance  with 
Commission Regulation (EC) No 500/2001 of 14 March 2001 laying down detailed rules for 
the application of Council Regulation (EEC) No 2847/93 on the monitoring of catches taken 
by Community fishing vessels in third country waters and on the high seas1. 

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

Article 4 

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

Done at Brussels, 

For the Council 
The President 

1 

OJ L 73, 15.3.2001, p. 8. 

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FISHERIES PARTNERSHIP AGREEMENT 
between the European Community and the Republic of Cape Verde  

THE EUROPEAN COMMUNITY, hereinafter referred to as “the Community”, and 

The Republic of Cape Verde, hereinafter referred to as “Cape Verde”, hereinafter referred to 
as “the parties”, 

CONSIDERING  the  close  working  relationship  between  the  Community  and  Cape  Verde, 
particularly in the context of the Cotonou Agreement, and their mutual desire to intensify that 
relationship, 

CONSIDERING  the  desire  of  the  two  parties  to  promote  the  sustainable  exploitation  of 
fisheries resources by means of cooperation, 

HAVING REGARD TO the United Nations Convention on the Law of the Sea, 

RECOGNISING  that  Cape  Verde  exercises  its  sovereign  rights  or  jurisdiction  over  a  zone 
extending up to 200 nautical miles from the baselines in accordance with the United Nations 
Convention on the Law of the Sea, 

DETERMINED to apply the decisions and recommendations of the International Commission 
for the Conservation of Atlantic Tunas, hereinafter referred to as “ICCAT”, 

AWARE  of  the  importance  of  the  principles  established  by  the  Code  of  conduct  for 
responsible fisheries adopted at the FAO Conference in 1995, 

DETERMINED  to  cooperate,  in  their  mutual  interest,  in  promoting  the  introduction  of 
responsible  fisheries  to  ensure  the  long-term  conservation  and  sustainable  exploitation  of 
marine living resources, 

CONVINCED  that  such  cooperation  must  take  the  form  of  initiatives  and  measures  which, 
whether  taken  jointly  or  separately,  are  complementary  and  ensure  consistent  policies  and 
synergy of effort, 

INTENDING, to these ends, to commence a dialogue on the sectoral fisheries policy adopted 
by the Government of Cape Verde and to identify the appropriate means of ensuring that this 
policy is effectively implemented and that economic operators and civil society are involved 
in the process, 

DESIROUS  of  establishing  terms  and  conditions  governing  the  fishing  activities  of 
Community  vessels  in  Cape  Verde  waters  and  Community  support  for  the  introduction  of 
responsible fishing in those waters, 

RESOLVED  to  pursue  closer  economic  cooperation  in  the  fishing  industry  and  related 
activities  through  the  setting  up  and  development  of  joint  enterprises  involving  companies 
from both parties, 

HEREBY AGREE AS FOLLOWS: 

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Article 1 – Scope 

This Agreement establishes the principles, rules and procedures governing: 

– 

– 

– 

– 

economic, financial, technical and scientific cooperation in the fisheries sector with a 
view  to  promoting  responsible  fishing  in  Cape  Verde  waters  to  ensure  the 
conservation and sustainable exploitation of fisheries resources and develop the Cape 
Verde fisheries sector; 

the  conditions  governing  access  by  Community  fishing  vessels  to  Cape  Verde 
waters; 

cooperation on the arrangements for policing fisheries in Cape Verde waters with a 
view  to  ensuring  that  the  above  rules  and  conditions  are  complied  with,  that  the 
measures for the conservation and management of fish stocks are effective and that 
illegal, undeclared and unregulated fishing is prevented; 

partnerships  between  companies  aimed  at  developing  economic  activities  in  the 
fisheries sector and related activities, in the common interest. 

For the purposes of this Agreement: 

Article 2 – Definitions 

a) 

b) 

c) 

d) 

e) 

f) 

g) 

h) 

i) 

“Cape Verde authorities” means the Government of Cape Verde;  

“Community authorities” means the European Commission;  

“Cape  Verde  waters”  means  the  waters  over  which  Cape  Verde  has  sovereignty  or 
jurisdiction; 

“fishing  vessel”  means  any  vessel  equipped  for  commercial  exploitation  of  living 
aquatic resources; 

“Community vessel” means a fishing vessel flying the flag of a Member State of the 
Community and registered in the Community;  

“joint  enterprise”  means  a  commercial  company  set  up  in  Cape  Verde  by  vessel 
owners or national enterprises from the parties in order to engage in fishing or related 
activities;  

“Joint Committee” means a committee made up of representatives of the Community 
and Cape Verde whose functions are described in Article 9 of this Agreement; 

“transhipment” means the transfer in port or at sea of some or all of the catch from 
one fishing vessel to another fishing vessel; 

“shipowner”  means  any  person  legally  responsible  for  a  fishing  vessel  who  is  in 
charge of and controls it; 

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j) 

1. 

2. 

3. 

4. 

5. 

1. 

2. 

3. 

“ACP seamen” means any seamen who are nationals of a non-European signatory to 
the Cotonou Agreement. To this end, a Cape Verde seaman is an ACP seaman. 

Article 3 – Principles and objectives underlying 
the implementation of this Agreement 

The parties hereby undertake to promote responsible fishing in Cape Verde waters on 
the basis of the principles laid down in the FAO’s Code of conduct for responsible 
fisheries and the principle of non-discrimination between the different fleets fishing 
in those waters. 

The  parties  shall  cooperate  with  a  view  to  monitoring  the  results  of  the 
implementation  of  a  sectoral  fisheries  policy  adopted  by  the  Government  of  Cape 
Verde  and  shall  initiate  a  policy  dialogue  on  the  necessary  reforms.  They  shall 
consult with a view to adopting potential measures in this area.  

The parties shall also cooperate in carrying out evaluations of measures, programmes 
and  actions  implemented  on  the  basis  of  this  Agreement.  The  results  of  the 
evaluations shall be analysed by the Joint Committee provided for in Article 9. 

The  parties  hereby  undertake  to  ensure  that  this  Agreement  is  implemented  in 
accordance with the principles of good economic and social governance, respecting 
the state of fish stocks. 

The  employment  of  Cape  Verde  and/or  ACP  seamen  on  board  Community  vessels 
shall  be  governed  by  the  International  Labour  Organisation  (ILO)  Declaration  on 
Fundamental  Principles  and  Rights  at  Work,  which  shall  apply  as  of  right  to  the 
corresponding  contracts  and  general  terms  of  employment.  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. 

Article 4 – Scientific cooperation 

During the period covered by this Agreement, the Community and Cape Verde shall 
monitor the evolution of resources in the Cape Verde fishing zone.  

The  two  parties,  based  on  the  recommendations  and  resolutions  adopted  within  the 
International  Commission  for  the  Conservation  of  Atlantic  Tunas  (ICCAT)  and  the 
best available scientific advice, shall consult each other within the Joint Committee 
provided  for  in  Article  9  or,  where  appropriate,  within  a  scientific  meeting.  Cape 
Verde  may,  in  agreement  with  the  Community,  take  measures  to  ensure  the 
sustainable management of fisheries resources. 

The  parties  shall  undertake  to  consult  one  other,  either  directly  or  within  the 
competent international organisations, to ensure the management and conservation of 
living  resources  in  the  Atlantic  Ocean,  and  to  cooperate  in  the  relevant  scientific 
research. 

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1. 

2. 

3. 

4. 

1. 

2. 

1. 

2. 

3. 

Article 5 – Access by Community vessels 
to the fisheries in Cape Verde waters 

Cape  Verde  undertakes  to  authorise  Community  vessels  to  engage  in  fishing 
activities  in  its  fishing  zone  in  accordance  with  this  Agreement,  including  the 
Protocol and Annex thereto. 

The  fishing  activities  governed  by  this  Agreement  shall  be  subject  to  the  laws  and 
regulations  in  force  in  Cape  Verde.  The  Cape  Verde  authorities  shall  notify  the 
Commission of any amendments to that legislation and to any other legislation which 
may have an impact on fishing legislation. 

Cape Verde shall assume responsibility for the effective application of the fisheries 
monitoring  provisions  in  the  Protocol.  Community  vessels  shall  cooperate  with  the 
Cape Verde authorities responsible for carrying out such monitoring. 

The Community undertakes to take all the appropriate steps required to ensure that 
its vessels comply with this Agreement and the legislation governing fisheries in the 
waters over which Cape Verde has jurisdiction. 

Article 6 – Licences 

Community  vessels  may  fish  in  the  Cape  Verde  fishing  zone  only  if  they  are  in 
possession of a fishing licence issued under this Agreement. 

The procedure for obtaining a fishing licence for a vessel, the taxes applicable and 
the method of payment to be used by shipowners shall be as set out in the Annex to 
the Protocol. 

Article 7 – Financial contribution 

The Community shall grant Cape Verde a financial contribution in accordance with 
the  terms  and  conditions  laid  down  in  the  Protocol  and  Annexes.  This  single 
contribution shall be composed of two related elements, namely: 

a) 

b) 

access by Community vessels to Cape Verde fisheries, and 

the  Community’s  financial  support  for  promoting  responsible  fishing  and  the 
sustainable exploitation of fisheries resources in Cape Verde waters. 

The component of the financial contribution referred to in the above paragraph shall 
be determined and managed in the light of objectives identified by common accord 
between the parties in accordance with the Protocol, to be achieved in the context of 
the  sectoral  fisheries  policy  in  Cape  Verde  and  an  annual  and  multiannual 
programme for its implementation. 

The  financial  contribution  granted  by  the  Community  shall  be  paid  each  year  in 
accordance with the Protocol and subject to this Agreement and the Protocol in the 
event of any change to the amount of the contribution as a result of: 

a) 

unusual  circumstances,  other  than  natural  phenomena,  preventing  fishing 
activities in Cape Verde waters; 

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b) 

c) 

d) 

e) 

f) 

a reduction in the fishing opportunities granted to Community vessels, made by 
mutual  agreement  for  the  purposes  of  managing  the  stocks  concerned,  where 
this is considered necessary for the conservation and sustainable exploitation of 
resources on the basis of the best available scientific advice; 

an increase in the fishing opportunities granted to Community vessels, made by 
mutual agreement between the parties where the best available scientific advice 
concurs that the state of resources so permits; 

a reassessment of the terms of Community financial support for implementing 
a sectoral fisheries policy in Cape Verde, where this is warranted by the results 
of the annual and multiannual programming observed by both parties; 

termination of this Agreement under Article 12. 

suspension of the application of this Agreement under Article 13. 

Article 8 – Promoting cooperation 
among economic operators and in civil society 

The  parties  shall  encourage  economic,  scientific  and  technical  cooperation  in  the 
fisheries  sector  and  related  sectors.  They  shall  consult  one  another  with  a  view  to 
coordinating the different measures that might be taken to this end. 

The parties shall encourage exchanges of information on fishing techniques and gear, 
preservation methods and the industrial processing of fisheries products. 

The  parties  shall  endeavour  to  create  conditions  favourable  to  the  promotion  of 
relations  between  enterprises  from  the  parties  in  the  technical,  economic  and 
commercial spheres, by encouraging the establishment of an environment favourable 
to the development of business and investment.  

The  parties  shall  undertake  to  implement  an  action  plan  between  Cape  Verde  and 
Community  operators,  with  the  aim  of  developing  local  landings  of  Community 
vessels. 

The parties shall encourage, in particular, the setting-up of joint enterprises in their 
mutual interest which shall systematically comply with Cape Verde and Community 
legislation. 

Article 9 – Joint Committee 

A Joint Committee shall be set up to monitor the application of this Agreement. The 
Joint Committee shall perform the following functions: 

a)  monitoring  the  performance,  interpretation  and  application  of  this  Agreement 
and,  in  particular,  the  definition  of  the  annual  and  multiannual  programming 
referred to in Article 7(2) and evaluation of its implementation;  

b) 

providing  the  necessary  liaison  for  matters  of  mutual  interest  relating  to 
fisheries;  

1. 

2. 

3. 

4. 

5. 

1. 

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c) 

d) 

acting  as  a  forum  for  the  amicable  settlement  of  any  disputes  regarding  the 
interpretation or application of the Agreement;  

reassessing,  where  necessary, 
consequently, of the financial contribution; 

the 

level  of  fishing  opportunities  and, 

e) 

any other function which the parties decide on by mutual agreement. 

2. 

The  Joint  Committee  shall  meet  at  least  once  a  year,  alternately  in  the  Community 
and  in  Cape  Verde,  and  shall  be  chaired  by  the  party  hosting  the  meeting.  It  shall 
hold a special meeting at the request of either of the parties. 

Article 10 – Geographical area to which the Agreement applies 

This  Agreement  shall  apply,  on  the  one  hand,  to  the  territories  in  which  the  Treaty 
establishing the European Community applies, under the conditions laid down in that Treaty, 
and, on the other, to the territory of Cape Verde. 

Article 11 – Duration 

This  Agreement  shall  apply  for  five  years  from  the  date  of  its  entry  into  force;  it  shall  be 
renewable  for  additional  periods  of  five  years,  unless  notice  of  termination  is  given  in 
accordance with Article 12. 

1. 

2. 

3. 

4. 

1. 

Article 12 – Termination 

This  Agreement  may  be  terminated  by  either  party  in  the  event  of  unusual 
circumstances  such  as  the  degradation  of  the  stocks  concerned,  the  discovery  of  a 
reduced  level  of  exploitation  of  the  fishing  opportunities  granted  to  Community 
vessels,  or  failure  to  comply  with  undertakings  made  by  the  parties  with  regard  to 
combating illegal, unreported and unregulated fishing. 

The party concerned shall notify the other party of its intention to withdraw from the 
Agreement  in  writing  at  least  six  months  before  the  date  of  expiry  of  the  initial 
period or each additional period.  

Dispatch  of  the  notification  referred  to  in  the  previous  paragraph  shall  open 
consultations by the parties. 

Payment of the financial contribution referred to in Article 7 for the year in which the 
termination takes effect shall be reduced proportionately and pro rata temporis. 

Article 13 – Suspension 

Application  of  this  Agreement  may  be  suspended  at  the  initiative  of  one  of  the 
parties in the event of a serious disagreement as to the application of provisions laid 
down in the Agreement. Suspension of application of the Agreement shall require the 
interested party to notify its intention in writing at least three months before the date 
on which suspension is due to take effect. On receipt of this notification, the parties 
shall enter into consultations with a view to resolving their differences amicably. 

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2. 

Payment  of  the  financial  contribution  referred  to  in  Article  7  shall  be  reduced 
proportionately and pro rata temporis, according to the duration of the suspension. 

Article 14 – Protocol and Annex 

The Protocol and the Annex shall form an integral part of this Agreement. 

Article 15 – National Law 

The activities of Community vessels operating in Cape Verde waters shall be governed by the 
applicable law in the Cape Verde, unless otherwise provided in this Agreement, the Protocol 
and the Annex and appendices thereto. 

Article 16 – Repeal 

This  Agreement,  on  the  date  of  its  entry  into  force,  repeals  and  replaces  the  Agreement 
between the European Economic Community and the Republic of Cape Verde on fishing off 
the coast of Cape Verde which entered into force on 24 July 1990. 

Article 17 – Entry into force 

This  Agreement,  drawn  up  in  duplicate  in  the  Czech,  Estonian,  Danish,  Dutch,  English, 
Finnish,  French,  German,  Greek,  Hungarian,  Italian,  Latvian,  Latvia,  Lithuanian,  Maltese, 
Polish,  Portuguese,  Slovak,  Slovenian,  Spanish  and  Swedish  languages,  each  of  these  texts 
being  equally  authentic,  shall  enter  into  force  on  the  date  on  which  the  parties  notify  each 
other that their procedures have been completed. 

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Protocol setting out the fishing opportunities and financial contribution provided for in 
the Fisheries Partnership Agreement between the European Community and the 
Republic of Cape Verde on fishing off the coast of Cape Verde for the period from 
1 September 2006 to 31 August 2011 

Article 1 
Period of application and fishing opportunities 

1. 

For a period of five years from 1 September 2006, the fishing opportunities granted 
under Article 5 of the Agreement shall be as follows: 

Highly  migratory  species  (species  listed  in  Annex  1  to  the  1982  United  Nations 
Convention) 

– 

– 

– 

freezer tuna seiners: 25 vessels; 

pole-and-line tuna vessels: 11 vessels; 

surface longliners: 48 vessels. 

2. 

3. 

1. 

2. 

3. 

4. 

Paragraph 1 shall apply subject to Articles 4 and 5 of this Protocol. 

Vessels flying the flag of a Member State of the European Community may fish in 
Cape  Verde  waters  only  if  they  are  in  possession  of  a  fishing  licence  issued  under 
this Protocol in accordance with the Annex to this Protocol. 

Article 2 
Financial contribution – Methods of payment 

The financial contribution referred to in Article 7 of the Agreement shall comprise, 
for the period referred to in Article 1, an annual amount of EUR 325 000 equivalent 
to a reference tonnage of 5 000 tonnes per year and a specific amount of EUR 60 000 
per year for the support and implementation of initiatives taken in the context of the 
Cape Verde sectoral fisheries policy. This specific amount shall be an integral part of 
the single financial contribution defined in Article 7 of the Agreement. 

Paragraph 1 shall apply subject to Articles 4, 5 and 7 of this Protocol. 

The  Community  shall  pay  the  sum  of  the  amounts  referred  to  in  paragraph  1, 
EUR 385 000, each year during the period of application of this Protocol. 

If  the  overall  quantity  of  catches  by  Community  vessels  in  Cape  Verde  waters 
exceeds  5 000  tonnes  per  year,  the  amount  of  the  financial  contribution  (EUR 
325 000) shall be increased by EUR 65 for each additional tonne caught. However, 
the  total  annual  amount  paid  by  the  Community  shall  not  be  more  than  twice  the 
amount  indicated  in  paragraph  1  (EUR  650  000).  Where  the  quantities  caught  by 
Community  vessels  exceed  the  quantities  corresponding  to  twice  the  total  annual 
amount,  the  amount  due  for  the  quantity  exceeding  that  limit  shall  be  paid  the 
following year.  

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5. 

6. 

7. 

1. 

2. 

3. 

1. 

2. 

3. 

Payment  of  the  financial  contribution  referred  to  in  paragraph  1  shall  be  made  no 
later than 30 November 2006 for the first year and no later than 30 June 2007, 2008, 
2009 and 2010 for the following years. 

Subject to Article 6, the Cape Verde authorities shall have full discretion regarding 
the use to which this financial contribution is put. 

The financial contribution shall be paid into a Public Treasury account opened with a 
financial institution specified by the Cape Verde authorities. 

Article 3 
Cooperation on responsible fishing – Annual scientific meeting 

The parties hereby undertake to promote responsible fishing in Cape Verde waters on 
the basis of the principles laid down in the FAO’s Code of conduct for responsible 
fisheries and the principle of non-discrimination between the different fleets fishing 
in those waters. 

During  the  period  covered  by  this  Protocol,  the  Community  and  the  Cape  Verde 
authorities shall monitor the evolution of resources in the Cape Verde fishing zone. 

In  accordance  with  Article  4  of  the  Agreement,  the  parties,  based  on  the 
recommendations  and  resolutions  adopted  within  the  International  Commission  for 
the Conservation of Atlantic Tunas (ICCAT) and the best available scientific advice, 
shall consult each other within the Joint Committee provided for in Article 9 where 
appropriate  after  a  scientific  meeting.  Cape  Verde  may,  in  agreement  with  the 
Community,  take  measures  to  ensure  the  sustainable  management  of  fisheries 
resources concerning the activities of Community vessels. 

Article 4 
Review of fishing opportunities by mutual agreement 

The  fishing  opportunities  referred  to  in  Article  1  may  be  increased  by  mutual 
agreement  provided  that  the  conclusions  of  the  scientific  meeting  referred  to  in 
Article  3(3)  confirm  that  such  an  increase  will  not  endanger  the  sustainable 
management  of  Cape  Verde’s  resources.  In  this  case  the  financial  contribution 
referred to in Article 2(1) shall be increased proportionately and pro rata temporis. 
However,  the  total  amount  of  the  financial  contribution  paid  by  the  European 
Community shall not be more than twice the amount indicated in Article 2(1). Where 
the  quantities  caught  by  Community  vessels  exceed 
the  quantities 
corresponding to the adjusted total annual amount, the amount due for the quantity 
exceeding that limit shall be paid the following year. 

twice 

Conversely,  if  the  parties  agree  to  adopt  a  reduction  in  the  fishing  opportunities 
provided for in Article 1, the financial contribution shall be reduced proportionately 
and pro rata temporis. 

The allocation of the fishing opportunities among different categories of vessels may 
also  be  reviewed  by  mutual  agreement  between  the  parties,  provided  that  any 
changes comply with recommendations made by the scientific meeting referred to in 
Article  3  regarding  the  management  of  stocks  liable  to  be  affected  by  such 

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1. 

2. 

1. 

2. 

3. 

redistribution.  The  parties  shall  agree  on  the  corresponding  adjustment  of  the 
financial contribution where the redistribution of fishing opportunities so warrants. 

Article 5 
New fishing opportunities 

Should Community vessels be interested in fishing activities which are not indicated 
in Article 1, the parties shall consult each other before any authorisation is granted by 
the  Cape  Verde  authorities.  Where  appropriate,  the  parties  shall  agree  on  the 
conditions  applicable  to  these  new  fishing  opportunities  and,  if  necessary,  make 
amendments to this Protocol and to the Annex.  

The  parties  should  promote  exploratory  fishing,  particularly  as  regards  deep-sea 
species present in Cape Verde waters. To this end, at the request of one of the parties, 
they  shall  consult  each  other  and  determine  on  a  case-by-case  basis  the  relevant 
species, conditions and other parameters.  

The  parties  shall  carry  out  exploratory  fishing  in  accordance  with  parameters  that 
shall be agreed by both parties in an administrative arrangement where appropriate. 
The authorisations for exploratory fishing should be agreed for a maximum period of 
six months.  

If the parties conclude that the exploratory campaigns have achieved positive results, 
the Cape Verde Government may allocate fishing opportunities for the new species 
to the Community fleet, until the expiry of this Protocol. The financial compensation 
referred to in Article 2(1) of the current Protocol shall consequently be increased. 

Article 6 
Suspension and review of the payment of the financial contribution 
on grounds of force majeure 

Where  unusual  circumstances,  other  than  natural  phenomena,  prevent  fishing 
activities  in  the  Cape  Verde  exclusive  economic  zone  (EEZ),  the  European 
Community  may  suspend  payment  of  the  financial  contribution  provided  for  in 
Article 2(1), following consultations between the two parties within a period of two 
months following the request of one of the parties, and provided that the Community 
has paid in full any amounts due at the time of suspension. 

Payment  of  the  financial  contribution  shall  resume  as  soon  as  the  parties  find,  by 
mutual agreement following consultations, that the circumstances preventing fishing 
activities  are  no  longer  present  and/or  that  the  situation  allows  a  resumption  of 
fishing activities. 

The  validity  of  the  licences  granted  to  Community  vessels  under  Article  6  of  the 
Agreement  shall  be  extended  by  a  period  equal  to  the  period  during  which  fishing 
activities were suspended. 

Article 7 
Promotion of responsible fishing in Cape Verde waters 

1. 

Eighty  percent  (80%)  of  the  total  amount  of  the  financial  contribution  fixed  in 
Article 2 shall be allocated each year to the support and implementation of initiatives 

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taken in the context of the sectoral fisheries policy drawn up by the Government of 
Cape Verde. 

Cape  Verde  shall  manage  the  corresponding  amount  in  the  light  of  objectives 
identified by mutual agreement between the parties, and the annual and multiannual 
programming to attain them.  

2. 

For  the  purposes  of  paragraph  1,  as  soon  as  this  Protocol  enters  into  force  and  no 
later than three months after that date, the Community and Cape Verde shall agree, 
within  the  Joint  Committee  provided  for  in  Article  9  of  the  Agreement,  on  a 
multiannual  sectoral  programme  and  detailed  implementing  rules  covering,  in 
particular:  

(a) 

(b) 

annual  and  multiannual  guidelines  for  using  the  percentage  of  the  financial 
contribution  referred  to  in  paragraph  1  and  its  specific  amounts  for  the 
initiatives to be carried out in 2007; 

the  objectives,  both  annual  and  multiannual,  to  be  achieved  with  a  view  to 
promoting  responsible  fishing  and  sustainable  fisheries,  taking  account  of  the 
priorities  expressed  by  Cape  Verde  in  its  national  fisheries  policy  and  other 
policies  relating  to  or  having  an  impact  on  the  introduction  of  responsible 
fishing and sustainable fisheries; 

(c) 

criteria and procedures for evaluating the results obtained each year. 

Any  proposed  amendments  to  the  multiannual  sectoral  programme  or  of  the  use  of 
the specific amounts for the initiatives to be carried out in 2007 must be approved by 
both parties within the Joint Committee.  

Each  year,  Cape  Verde  shall  allocate  the  share  corresponding  to  the  percentage 
referred to in paragraph 1 with a view to implementing the multiannual programme. 
For the first year of application of the Protocol, that allocation must be notified to the 
Community at the time when the multiannual sectoral programme is approved within 
the  Joint  Committee.  For  each  year  of  application  of  the  Protocol  thereafter,  Cape 
Verde  shall  notify  the  Community  of  the  allocation  no  later  than  1  May  of  the 
previous year. 

Where the annual evaluation of the progress made in implementing the multiannual 
sectoral programme so warrants, the European Community may ask for the financial 
contribution referred to in Article 2(1) of this Protocol to be readjusted with a view to 
bringing the actual amount of financial resources allocated to implementation of the 
programme into line with its results. 

Article 8 
Disputes – suspension of application of the Protocol 

Any  dispute  between  the  parties  over  the  interpretation  of  this  Protocol  or  its 
application shall be the subject of consultations between the parties within the Joint 
Committee  provided  for  in  Article  9  of  the  Agreement,  in  a  special  meeting  if 
necessary. 

3. 

4. 

5. 

1. 

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15 

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2. 

3. 

4. 

Without prejudice to Article 9, application of the Protocol may be suspended at the 
initiative of one party if the dispute between the two parties is deemed to be serious 
and if the consultations held within the Joint Committee under paragraph 1 have not 
resulted in an amicable settlement. 

Suspension of application of the Protocol shall require the interested party to notify 
its intention in writing at least three months before the date on which suspension is 
due to take effect. 

In the event of suspension, the parties shall continue to consult with a view to finding 
an amicable settlement to their dispute. Where such settlement is reached, application 
of  the  Protocol  shall  resume  and  the  amount  of  the  financial  contribution  shall  be 
reduced proportionately and pro rata temporis according to the period during which 
application of the Protocol was suspended. 

Article 9 
Suspension of application of the Protocol on grounds of non-payment 

Subject to Article 6, if the Community fails to make the payments provided for in Article 2, 
application of this Protocol may be suspended on the following terms: 

a) 

b) 

c) 

The competent Cape Verde authorities shall notify the European Commission of the 
non-payment. The latter shall make the necessary verifications and, where necessary, 
transmit the payment within no more than 60 working days of the date of receipt of 
the notification. 

If no payment is made and non-payment is not adequately justified within the period 
provided  for  in  Article  2(5)  of  this  Protocol,  the  competent  Cape  Verde  authorities 
shall  be  entitled  to  suspend  application  of  the  Protocol.  They  shall  inform  the 
European Commission of such action forthwith. 

Application of the Protocol shall resume as soon as the payment concerned has been 
made. 

Article 10 
National law 

The activities of Community vessels operating in Cape Verde waters under this Protocol shall 
be  governed  by  the  applicable  law  in  the  Cape  Verde,  unless  otherwise  provided  in  the 
Agreement, this Protocol and the Annex and appendices hereto. 

Article 11 
Review clause 

The  parties  may  review  the  provisions  of  the  Protocol,  the  Annex  and  the  appendices  and, 
where necessary, make amendments mid-term.  

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Article 12 
Repeal 

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

Article 13 
Entry into force 

1. 

2. 

This Protocol with its Annex shall enter into force on the date on which the parties 
notify each other of the completion of the procedures necessary for that purpose.  

It shall apply with effect from 1 September 2006. 

EN 

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ANNEX 

CONDITIONS GOVERNING FISHING ACTIVITIES BY COMMUNITY VESSELS 
IN THE CAPE VERDE FISHING ZONE 

CHAPTER I - APPLICATION FOR AND ISSUE OF LICENCES 

Section 1 
Issue of licences 

Only  eligible  vessels  may  obtain  a  licence  to  fish  in  the  Cape  Verde  fishing  zone 
under  the  Protocol  setting  out  the  fishing  opportunities  and  financial  contribution 
provided  for  in  the  Fisheries  Partnership  Agreement  between  the  European 
Community and the Republic of Cape Verde on fishing off the coast of Cape Verde 
for the period from 1 September 2006 to 31 August 2011. 

For a vessel to be eligible, neither the owner, the master nor the vessel itself must be 
prohibited  from  fishing  in  Cape  Verde.  They  must  be  in  order  vis-à-vis  the  Cape 
Verde authorities insofar as they must have fulfilled all prior obligations arising from 
their fishing activities in Cape Verde under fisheries agreements concluded with the 
Community. 

All Community vessels applying for a fishing licence may be represented by an agent 
resident  in  Cape  Verde.  The  name  and  address  of  that  agent  shall  be  stated  in  the 
licence  application.  However,  any  vessel  applying  for  a  fishing  licence  which 
provides for unloading or transhipment in a Cape Verde port must be represented by 
an agent resident in Cape Verde. 

The  relevant  Community  authorities  shall  present  to  the  Ministry  responsible  for 
fisheries  in  Cape  Verde  an  application  for  each  vessel  wishing  to  fish  under  the 
Agreement  at  least  15  days  before  the  date  of  commencement  of  the  period  of 
validity requested. 

Applications  shall  be  submitted  to  the  Ministry  responsible  for  fisheries  in  Cape 
Verde on a form drawn up in accordance with the specimen in Appendix I. 

All licence applications shall be accompanied by the following documents: 

– 

– 

– 

proof of payment of the fee for the period of validity of the licence; 

for all first applications under this Protocol, a recent colour photograph, of at 
least 15 cm x 10 cm, showing a side view of the vessel in its current state; 

any other documents or certificates required under the specific rules applicable 
to the type of vessel concerned pursuant to this Protocol. 

The  fee  shall  be  paid  into  the  account  specified  by  the  Cape  Verde  authorities  in 
accordance with Article 2(6) of the Protocol. 

The fees shall include all national and local charges. However, the payment of these 
fees shall not include port taxes, transhipment fees and service charges.  

1. 

2. 

3. 

4. 

5. 

6. 

7. 

8. 

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18 

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9. 

10. 

11. 

12. 

13. 

14. 

15. 

1. 

2. 

3. 

Licences  for  all  vessels  shall  be  issued  to  shipowners  or  their  agents  via  the 
Delegation  of  the  Commission  of  the  European  Communities  to  Cape  Verde  (“the 
Delegation”) within 15 days of receipt of all the documents referred to in point 6 by 
the Ministry responsible for fisheries in Cape Verde. 

If a licence is signed at a time when the Delegation offices are closed, it may be sent, 
where appropriate, direct to the vessel’s agent and a copy sent to the Delegation. 

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

However,  at  the  request  of  the  European  Community  and  where  force  majeure  is 
proven, a vessel’s licence shall be replaced by a new licence for another vessel of the 
same category as the first vessel, with no further fee due. In this case, the calculation 
of the catch levels to determine whether an additional payment should be made shall 
take account of the sum of the total catches of the two vessels.  

The owner of the first vessel, or the agent,  shall return the cancelled licence to the 
competent Cape Verde authorities via the Delegation. 

The  new  licence  shall  take  effect  on  the  day  that  the  vessel’s  owner  returns  the 
cancelled  licence  to  the  Ministry  responsible  for  fisheries  in  Cape  Verde.  The 
Delegation shall be informed of the licence transfer. 

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

Section 2 
Licence conditions – fees and advance payments 

Licences shall be valid for a period of one year. They shall be renewable. 

The fee shall be EUR 35 per tonne caught within the Cape Verde fishing zone in the 
case of tuna seiners and surface longliners, and EUR 25 per tonne caught within the 
Cape Verde fishing zone in the case of pole-and-line tuna vessels. 

Licences shall be issued once the following standard amounts have been paid to the 
competent national authorities: 

– 

– 

EUR 3 950  per  tuna  seiner  (of  which  EUR  100  will  go  towards  financing  the 
observer  programme),  equivalent  to  the  fees  due  for  110  tonnes  of  highly 
migratory species and associated species caught per year; 

EUR 2 900 per surface longliner (of which EUR 100 will go towards financing 
the  observer  programme),  equivalent  to  the  fees  due  for  80  tonnes  of  highly 
migratory species and associated species caught per year; 

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19 

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– 

EUR 500  per  pole-and-line  tuna  vessel  (of  which  EUR  100  will  go  towards 
financing the observer programme), equivalent to the fees due for 16 tonnes of 
highly migratory species and associated species caught per year. 

The final statement of the fees due for year n shall be drawn up by the Commission 
of the European Communities by 31 July of the year n + 1 at the latest on the basis of 
the  catch  declarations  made  by  each  shipowner  and  confirmed  by  the  scientific 
institutes  responsible  for  verifying  catch  data  in  the  Member  States,  such  as  the 
Institut  de  Recherche  pour  le  Développement  (IRD),  the  Instituto  Español  de 
Oceanografía (IE), the Instituto de Investigação das Pescas e do Mar (IPIMAR) and 
the Instituto Nacional de Desenvolvimento das Pescas (INDP) of Cape Verde via the 
Delegation. 

The  statement  shall  simultaneously  be  notified  to  the  Ministry  responsible  for 
fisheries  in  Cape  Verde  and  the  shipowners  for  checking  and  approval.  The  Cape 
Verde authorities may, on the basis of duly justified arguments within no more than 
30  working  days  of  the  date  of  transmission,  contest  the  statement.  In  the  event  of 
disagreement, the Joint Committee shall be consulted. If no objection is made in the 
given deadline the statement shall be accepted.  

Any  additional  payments  shall  be  made  by  the  shipowners  to  the  competent  Cape 
Verde  authorities  by  30  September  of  the  following  year  at  the  latest,  into  the 
account referred to in point 7 of Section 1 of this Chapter.  

However, if the amount of the final statement is lower than the advance referred to in 
point  3  of  this  Section,  the  resulting  balance  shall  not  be  reimbursable  to  the 
shipowner. 

4. 

5. 

6. 

7. 

CHAPTER II – FISHING ZONES 

1. 

Community vessels may carry out fishing activities in the following zones: 

– 

beyond twelve nautical miles from the base lines. 

CHAPTER III – CATCH REPORTING ARRANGEMENTS 

1. 

For the purposes of this Annex, the duration of a trip by a Community vessel shall be 
defined as follows: 

– 

– 

– 

either the period elapsing between entering and leaving the Cape Verde fishing 
zone; 

or  the  period  elapsing  between  entering  the  Cape  Verde  fishing  zone  and  a 
transhipment; 

or  the  period  elapsing  between  entering  the  Cape  Verde  fishing  zone  and  a 
landing in Cape Verde. 

2. 

All  vessels  authorised  to  fish  in  Cape  Verde  waters  under  the  Agreement  shall  be 
obliged  to  communicate  their  catches  to  the  Ministry  responsible  for  fisheries  in 
Cape Verde so that it can check the quantities caught, which shall be validated by the 
competent  scientific  institutes  in  accordance  with  the  procedure  referred  to  in 

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20 

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2.1 

2.2 

2.3 

3. 

paragraph 4 of Section 2 of Chapter I of this Annex. Catches shall be communicated 
as follows: 

During an annual period of validity of the licence within the meaning of paragraph 1 
of Section 2 of Chapter I of this Annex, declarations shall include the catches made 
by the vessel during each trip. The original of the declarations shall be transmitted on 
a physical medium to the Ministry responsible for fisheries in Cape Verde within 30 
days following the end of the last trip made during the period. Copies shall be sent at 
the  same  time  by  electronic  means  or  by  fax  to  the  flag  Member  State  and  the 
Ministry responsible for fisheries in Cape Verde. 

Vessels  shall  declare  their  catches  on  the  corresponding  form  in  the  logbook,  in 
accordance with the specimen in Appendix 2. The words “Outside Cape Verde EEZ” 
shall be entered in the abovementioned logbook in respect of periods during which 
the vessel is not in Cape Verde waters. 

The forms shall be filled in legibly in block capitals, and signed by the master of the 
vessel or their legal representative. 

Where the provisions set out in this Chapter are not complied with, the Government 
of Cape Verde reserves the right to suspend the licence of the offending vessel until 
formalities have been completed and to apply the penalty laid down in current Cape 
Verde legislation. 

CHAPTER IV – LANDING 

The parties shall cooperate with a view to improving landing or transhipment options in Cape 
Verde ports. 

1. 

Landings: 

Community tuna vessels which opt to land their catches in a Cape Verde port shall 
benefit from a reduction on the fee indicated in paragraph 2 of Section 2 of Chapter 1 
of the Annex of EUR 5.00 per tonne landed. 

An additional reduction of EUR 5 per tonne shall be granted where fisheries products 
are sold to a Cape Verde processing factory. 

This  mechanism  shall  apply,  for  all  Community  vessels,  up  to  a  maximum  50%  of 
the final statement of catches (as defined in Chapter III of the Annex) from the first 
year of this Protocol.  

Detailed rules on checks on the tonnages landed or transhipped shall be laid down at 
the first meeting of the Joint Committee. 

Evaluation: 

The  level  of  the  financial  incentives  and  the  maximum  percentage  of  the  final 
statement of catches shall be adjusted within the Joint Committee, in accordance with 
the socio-economic impact of landings in the year concerned. 

2. 

3. 

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CHAPTER V – EMBARKING SEAMEN 

1. 

Owners of tuna vessels and surface longliners shall employ ACP nationals, including 
Cape Verde nationals, subject to the following conditions and limits: 

– 

– 

– 

for the fleet of tuna seiners, at least six ACP seamen shall be signed on during 
the tuna-fishing season in the Cape Verde fishing zone, 

for the fleet of pole-and-line tuna vessels, at least three ACP seamen shall be 
signed on during the tuna-fishing season in the Cape Verde fishing zone, 

for the fleet of surface longliners, at least four ACP seamen shall be signed on 
during the fishing season in the Cape Verde fishing zone, 

Shipowners shall endeavour to take on board additional Cape Verde seamen. 

Shipowners shall be free to select the seamen they take on board their vessels from 
the  names  on  lists  submitted  by  the  competent  authorities  of  the  ACP  countries 
concerned, including Cape Verde. 

Where  contracts  have  been  signed  with  Cape  Verde  nationals,  in  accordance  with 
point 1 of this Article, the shipowner or agent shall inform the competent Cape Verde 
authorities  of  the  names  of  the  local  seamen  taken  on  board  the  vessel  concerned, 
mentioning their position in the crew. 

The International Labour Organisation (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. 

The employment contracts of Cape Verde seamen, in accordance with point 1 of this 
Article, shall be drawn up between the shipowners’ agent(s) and the seamen and/or 
their  trade  unions  or  representatives  in  consultation  with  the  Cape  Verde  maritime 
authority.  A  copy  shall  be  given  to  the  signatories.  These  contracts  shall  guarantee 
the seamen the social security cover applicable to them, including life assurance and 
sickness and accident insurance.  

Seamen’s wages shall be paid by the shipowners. They shall be fixed, before licences 
are  issued,  by  mutual  agreement  between  the  shipowners  or  their  agents  and  the 
authorities of the ACP country concerned. However, the wage conditions granted to 
local  seamen  shall  not  be  lower  than  those  applied  to  Cape  Verde  crews  and  shall 
under no circumstances be below ILO standards. 

All  seamen  employed  aboard  Community  vessels  shall  report  to  the  master  of  the 
vessel  designated  on  the  day  before  their  proposed  embarkation  date.  Where  a 
seaman fails to report at the date and time agreed for embarkation, shipowners shall 
be automatically absolved of their obligation to take the seaman on board. 

However,  where  no  ACP  seamen  are  taken  on  board  for  reasons  other  than  that 
referred to in the previous point, Community shipowners shall be obliged to pay, for 
each day of the fishing trip in the waters of the ACP country concerned, a flat-rate 

2. 

3. 

4. 

5. 

6. 

7. 

8. 

9. 

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22 

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amount of EUR 20 per day. The payment of this amount shall take place within the 
limits laid down in point I.2.6 of this Annex. 

10. 

This sum shall be used for training local seamen and shall be paid into the account 
specified by the authorities of the ACP country concerned.  

CHAPTER VI – TECHNICAL MEASURES 

Vessels  shall  comply  with  the  measures  and  recommendations  adopted  by  ICCAT  in  the 
region regarding  fishing gear and the technical specifications thereof and all other technical 
measures applicable to their fishing activities. 

1. 

1.1 

1.2 

1.3 

2. 

3. 

4. 

5. 

6. 

CHAPTER VII – OBSERVERS 

Vessels authorised to fish in Cape Verde waters under the Agreement shall take on 
board observers appointed by the competent regional fisheries organisation (RFO) on 
the terms set out below.  

At  the  request  of  the  RFO  Community  vessels  shall  take  on  board  an  observer 
designated by the organisation in order to check catches made in Cape Verde waters. 

The competent RFO shall draw up a list of vessels designated to take an observer on 
board and a list of the appointed observers. These lists shall be kept up to date. They 
shall be forwarded to the European Commission as soon as they have been drawn up 
and every three months thereafter where they have been updated. 

The  competent  RFO  shall  inform  the  shipowners  concerned,  or  their  agents,  of  the 
name  of  the  observer  appointed  to  be  taken  on  board  their  vessel  at  the  time  the 
licence is issued, or no later than 15 days before the observer’s planned embarkation 
date. 

The  time  spent  on  board  by  observers  shall  be  one  fishing  trip.  However,  at  the 
express request of the competent RFO, this embarkation may be spread over several 
trips  according  to  the  average  duration  of  trip  for  a  particular  vessel.  This  request 
shall  be  made  by  the  competent  RFO  when  the  name  of  the  observer  appointed  to 
board the vessel in question is notified. 

The  conditions  under  which  observers  are  taken  on  board  shall  be  agreed  between 
shipowners or their agents and the competent RFO. 

Observers shall be taken on board at a port chosen by the shipowner at the beginning 
of  the  first  voyage  in  Cape  Verde  waters  after  notification  of  the  list  of  designated 
vessels.  

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

Where observers are taken on board in a port outside the subregion, their travel costs 
shall be borne by the shipowner. Should a vessel with a regional observer on board 
leave regional waters, all measures must be taken to ensure the observer’s return as 
soon as possible at the expense of the shipowner. 

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7. 

8. 

8.1 

8.2 

8.3 

8.4 

8.5 

8.6 

8.7 

9. 

10. 

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. 

Observers shall be treated as officers. They shall carry out the following tasks: 

observe the fishing activities of the vessels; 

verify the position of vessels engaged in fishing operations; 

perform biological sampling in the context of scientific programmes; 

note the fishing gear used; 

verify the catch data for Cape Verde waters recorded in the logbook; 

verify the percentages of by-catches and estimate the quantity of discards of species 
of marketable fin-fish; 

report fishing data by any appropriate means (radio, fax or electronic means) once a 
week  while  the  vessel  is  fishing  in  Cape  Verde  waters,  including  the  quantity  of 
catches and by-catches on board. 

Masters shall do everything in their power to ensure the physical safety and welfare 
of observers during performance of their duties. 

As far as possible, observers shall be offered every facility needed to carry out their 
duties. The master shall give them access to the means of communication needed for 
the  discharge  of  their  duties,  to  documents  directly  concerned  with  the  vessel’s 
fishing activities, including in particular the logbook and the navigation log, and to 
those parts of the vessel necessary to facilitate the exercise of their tasks as observer. 

11. 

While on board, observers shall: 

11.1 

11.2 

12. 

13. 

14. 

15. 

take all appropriate steps to ensure that the conditions of their boarding and presence 
on the vessel neither interrupt nor hamper fishing operations, 

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

At  the  end  of  the  observation  period  and  before  leaving  the  vessel,  observers  shall 
draw up an activity report to be transmitted to the competent RFO, with a copy to the 
master of the vessel. 

Shipowners shall bear the cost of accommodating observers in the same conditions 
as the officers, within the confines of the practical possibilities offered by the vessel. 

The salary and social contributions of the observer shall be borne by the competent 
RFO. 

The  two  parties  shall  consult  each  other,  and  interested  third  parties,  as  soon  as 
possible as regards the definition of a system of regional observers and the choice of 
the  competent  regional  fisheries  organisation.  Pending  the  implementation  of  a 

EN 

24 

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system of regional observers, vessels authorised to fish in Cape Verde waters under 
the  Agreement  shall  take  on  board,  instead  of  regional  observers,  observers 
designated by the competent Cape Verde authorities in accordance with the rules set 
out above. 

CHAPTER VIII – MONITORING 

The  European  Community  shall  keep  an  up-to-date  list  of  the  vessels  to  which  a 
fishing licence has been issued under this Protocol. This list shall be notified to the 
Cape Verde authorities responsible for fisheries inspection as soon as it is drawn up 
and each time it is updated.  

Entering and leaving the zone: 

Community  vessels  shall  notify,  at  least  three  hours  in  advance,  the  Cape  Verde 
authorities responsible for fisheries inspection of their intention to enter or leave the 
Cape Verde fishing zone. They shall also declare the total quantities and the species 
on board. 

When  notifying  leaving,  vessels  shall  also  communicate  their  position.  This 
information should preferably be communicated by fax or, for vessels not equipped 
with a fax, by radio and by e-mail. 

Vessels  found  to  be  fishing  without  having  informed  the  competent  Cape  Verde 
authority shall be regarded as vessels in breach of the legislation. 

Vessels shall also be informed of the fax and telephone numbers and e-mail address 
when the fishing licence is issued. 

Control procedures 

Masters  of  Community  fishing  vessels  engaged  in  fishing  activities  in  Cape  Verde 
waters  shall  allow  and  facilitate  boarding  and  the  discharge  of  their  duties  by  any 
Cape Verde official responsible for the inspection and control of fishing activities. 

These  officials  shall  not  remain  on  board  for  longer  than  is  necessary  for  the 
discharge of their duties. 

Once the inspection has been completed, a certificate shall be issued to the master of 
the vessel. 

Satellite monitoring 

All  Community  vessels  fishing  under  this  Agreement  shall  be  subject  to  satellite 
monitoring  in  line  with  provisions  to  be  adopted  in  the  first  year  of  the  Protocol. 
These provisions shall enter into force on the tenth day following notification by the 
Government of Cape Verde to the Delegation of the entry into operation of the body 
responsible for satellite monitoring of Cape Verde fishing vessels. 

1. 

2. 

2.1 

2.2 

2.3 

2.4 

3. 

3.1 

3.2. 

3.3. 

4. 

4.1 

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25 

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5. 

5.1 

5.2 

6. 

6.1 

6.2 

6.3 

7. 

7.1 

7.2 

Boarding 

The competent Cape Verde authorities shall inform the flag State and the European 
Commission,  within  no  more  than  24  hours,  of  all  boardings  of  and  penalties 
imposed on Community vessels in Cape Verde waters. 

The flag State and the European Commission shall at the same time receive a brief 
report of the circumstances and reasons leading to the boarding. 

Statement of boarding 

After the competent Cape Verde authorities have drawn up a statement, the master of 
the vessel shall sign it. 

This signature shall not prejudice  the  rights  of  the  master or any  defence which  he 
may make to the alleged infringement. 

The master shall take the vessel to the port indicated by the Cape Verde authorities. 
In  the  case  of  minor  infringements,  the  competent  Cape  Verde  authorities  may 
authorise the boarded vessel to continue its fishing activities. 

Consultation meeting in the event of 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  of  the  receipt  of  the  above  information, 
between  the  European  Commission  and  the  competent  Cape  Verde  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  its 
agent shall be informed of the outcome of the meeting and of any measures resulting 
from the boarding. 

8. 

Settlement of boarding 

8.1. 

8.2. 

8.3. 

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 the boarding. 

In the event of an amicable settlement, the amount of the fine shall be determined in 
accordance with Cape Verde legislation. 

If the case cannot be settled  by amicable  procedure and has to be brought before a 
competent judicial body, a bank security set to take account of the boarding costs and 
the  fines  and  compensation  payable  by  the  parties  responsible  for  the  infringement 
shall be paid by the shipowner into a bank account specified by the competent Cape 
Verde authorities. 

8.4. 

The  bank  security  shall  be  irrevocable  until  the  legal  proceedings  have  been 
concluded.  It  shall  be  released  once  legal  proceedings  end  without  a  conviction. 

EN 

26 

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Similarly,  in  the  event  of  a  conviction  leading  to  a  fine  of  less  than  the  security 
lodged, the balance shall be released by the competent Cape Verde authorities. 

8.5. 

The vessel shall be released and its crew authorised to leave the port: 

– 

– 

once the obligations arising under the amicable settlement have been fulfilled, 
or 

when the bank security referred to in point 8.3 has been lodged and accepted 
by  the  competent  Cape  Verde  authorities,  pending  completion  of  the  legal 
proceedings. 

9. 

9.1 

9.2. 

9.3. 

9.4. 

10. 

Transhipment 

All Community vessels wishing to tranship catches in Cape Verde waters shall do so 
within Cape Verde ports. 

The owners of such vessels must notify the following information to the competent 
Cape Verde authorities at least two working days in advance: 

– 

– 

– 

– 

– 

the names of the transhipping fishing vessels, 

the names of the cargo vessels, 

the tonnage by species to be transhipped, 

the day of transhipment; 

the health certificate of the vessel of transhipment.  

Transhipment  shall  be  considered  as  an  exit  from  the  Cape  Verde  fishing  zone. 
Vessels must therefore submit their catch declarations to the competent Cape Verde 
authorities and state whether they intend to continue fishing or leave the Cape Verde 
fishing zone. 

Any transhipment of catches not covered above shall be prohibited in the Cape Verde 
fishing  zone.  Any  person  infringing  this  provision  shall  be  liable  to  the  penalties 
provided for by Cape Verde law. 

Masters of Community fishing vessels engaged in landing or transhipment operations 
in a Cape Verde port shall allow and facilitate the inspection of such operations by 
Cape Verde inspectors. Once the inspection has been completed, a certificate shall be 
issued to the master of the vessel. 

APPENDICES 

1. 

2. 

3. 

Licence application form 

ICCAT logbook 

Coordinates  of  the  Cape  Verde  fishing  zone  (to  be  provided  by  the  Cape  Verde 
authorities before the entry into force of the Agreement and of the VMS Protocol) 

EN 

27 

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Appendix 1 

MINISTRY FOR FISHERIES 

Application for a licence for foreign industrial fishing vessels: 

1. 

2. 

3. 

4. 

5. 

6. 

7. 

8. 

9. 

Name of shipowner: 

Address of shipowner: 

Name of shipowner’s representative or local agent: 

Address of shipowner’s representative or local agent: 

Name of master: 

Name of vessel: 

Registration No: 

Date and place of construction: 

Flag country: 

10. 

11. 

12. 

Port of registration: 

Port of fitting out: 

Overall length: 

13.  Width of vessel: 

14. 

15. 

16. 

17. 

18. 

19. 

20. 

21. 

22. 

23. 

24. 

25. 

26. 

27. 

28. 

29. 

30. 

Gross registered tonnage: 

Net tonnage: 

Hold capacity: 

Cold storage and freezing capacity: 

Engine type and horse power: 

Fishing gear: 

Number of crew: 

Communications equipment: 

Call sign: 

Dialling signals: 

Fishing operations to be carried out: 

Place for landing catch: 

Fishing zones: 

Species to be caught: 

Period of validity: 

Special conditions: 

Other activities of the applicant in Cape Verde: 

Opinion of the Directorate-General for Fisheries: 

Comments of the Ministry for Fisheries, Agriculture and Rural Affairs: 

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28 

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Appendix 2 

ICCAT LOGBOOK FOR TUNA FISHERY 

Name of vessel: 
.……………………………………………………………………………………. 
Flag country:   
……………………………………………………………………........................... 

Grosse tonnage: 
………………………………………………….............................
Capacity – (M.T.): 
………………………………………………………………........ 

Vessel DEPARTED:

Month  Day  Year 

Port 

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

Captain: ……………………………………………………….... 

Vessel 
RETURNED: 

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

No of days at sea: 

No of fishing days: 

No of sets made: 

Trip number: 

Longline 

Live bait 

Purse seine 

Trawl 

Outros (Others) 

Date 

Sector 

Month  Day 

e
d
u
t
i
t
a
L

S
/
N

e
d
u
t
i
g
n
o
L

O
E

/

Surface 
water 
temp 
(ºC) 

Fishing effort 
No of hooks 
used 

Bluefin tuna 
Thunnus 
thynnus or 
maccoyi  
No  Weigh
t 
kg 

Yellowfin tuna 
Thunnus 
Albacares 

(Bigeye tuna) 
Thunnus 
obesus 

(Albacore)  
Thunnus 
alalunga 

(Swordfish) 
Xiphias 
gladius 

No 

Kg 

No 

kg 

No 

kg 

No 

kg 

(Strip marlin) 
(White marlin) 
Tetraptunus 
audax or albidus 
No 

kg 

(Black marlin) 
Makaira 
indica 

(Sailfish) 
Istiophorus  albicane 
or platypterus 

Skipjack 
Katsuwonus 
pelamis 

(Miscellaneous fish) 

Daily total 
(weight  in  kg 
only) 

y
r
u
a
S

d
i
u
q
S

t
i
a
b

e
v
i
L

(Other) 

No 

kg 

No 

kg 

No 

kg 

No 

kg 

No 

kg 

Capturas (Catches) 

Isco usado na pesca 
(Bait used) 

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. 

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. 

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.. 

6 - All information reported herein will be kept strictly confidential. 

EN 

29 

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Protocol (VMS) 

Provisions applicable to satellite monitoring of Community fishing vessels operating in 
the Cape Verde EEZ 

1. 

2. 

3. 

4. 

5. 

6. 

7. 

The  provisions  of  this  Protocol  supplement  the  Protocol  setting  out  the  fishing 
opportunities  and  financial  contribution  provided  for  in  the  Fisheries  Partnership 
Agreement  between  the  European  Community  and  the  Republic  of  Cape  Verde  on 
fishing  off  the  coast  of  Cape  Verde  for  the  period  from  1  September  2006  to 
31 August  2011  and  apply  in  accordance  with  point  4.1.  of  “Chapter  VII  – 
Monitoring” in the Annex thereto. 

All  fishing  vessels  with  an  overall  length  exceeding  15  metres  operating  under  the 
Fisheries  Agreement  between  the  European  Community  and  Cape  Verde  shall  be 
tracked by satellite when fishing in the Cape Verde EEZ. 

For  the  purposes  of  the  satellite  tracking,  the  Cape  Verde  authorities  shall 
communicate  to  the  Community  party  the  latitude  and  longitude  coordinates  of  the 
Cape Verde EEZ. 

The  Cape  Verde  authorities  shall  transmit  this  information  in  electronic  form, 
expressed in decimal degrees (WGS 84). 

The parties shall exchange information on X.25 addresses and the specifications for 
electronic data transmission between their Control Centres in accordance with 5 to 7. 
Such  information  shall  include  the  following  where  they  exist:  names,  telephone, 
telex and fax numbers, and e-mail addresses (Internet or X.400) which may be used 
for general communications between Control Centres. 

The position of vessels shall be determined with a margin of error of less than 500 
metres and a confidence interval of 99% . 

When  a  vessel  which  is  fishing  under  the  Agreement  and  is  the  subject  of  satellite 
tracking  pursuant  to  Community  legislation  enters  the  Cape  Verde  EEZ,  the 
subsequent  position  reports  (vessel  identification,  longitude,  latitude,  course  and 
speed) shall be transmitted immediately by the Control Centre of the flag State to the 
Cape  Verde  Fisheries  Monitoring  Centre  (FMC)  at  intervals  of  no  more  than  three 
hours. The messages concerned shall be identified as position reports. 

The  messages  specified  at  5  shall  be  transmitted  electronically  in  X.25  format, 
without any further protocol. They shall be communicated in real time in the format 
set out in Table II. 

Where  the  continuous  satellite  monitoring  equipment  installed  on  board  a  fishing 
vessel  develops  a  technical  fault  or  breaks  down,  the  master  of  the  vessel  shall 
transmit the information specified at 5 to the Control Centre of the flag State and the 
Cape Verde FMC in good time. It will be necessary in those circumstances to send a 
global position report every nine hours. This global position report shall include the 
position  reports  as  recorded  by  the  master  of  the  vessel  on  a  three-hourly  basis  in 
accordance with the requirements laid down in point 5. 

EN 

30 

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The  Control  Centre  of  the  flag  State  shall  send  these  messages  immediately  to  the 
Cape Verde FMC. The faulty equipment shall be repaired or replaced within a period 
of not more than one month. After this deadline, the vessel in question must leave the 
Cape Verde EEZ.  

The Control Centres of the flag States shall monitor the movements of their vessels 
in Cape Verde waters. If the vessels are not being monitored in accordance with the 
conditions  laid  down,  the  Cape  Verde  FMC  shall  be  informed  immediately  this  is 
discovered and the procedure laid down at 7 shall be applicable. 

If  the  Cape  Verde  FMC  establishes  that  the  flag  State  is  not  transmitting  the 
information  specified  in  point  5,  the  competent  European  Commission  departments 
shall be informed immediately. 

The  monitoring  data  communicated  to  the  other  party  in  accordance  with  these 
provisions  is  intended  solely  for  the  purposes  of  the  Cape  Verde  authorities  in 
controlling  and  monitoring  the  Community  fleet  fishing  under  the  Fisheries 
Agreement between the European Community and Cape Verde. Such data may not 
under any circumstances be communicated to other parties. 

The  satellite-tracking  system  software  and  hardware  components  shall  be  reliable 
and  shall  not  permit  the  input  or  output  of  false  positions  or  be  capable  of  being 
manually overridden. 

The  system  shall  be  fully  automatic  and  operational  at  all  times  regardless  of 
environmental and weather conditions. Destroying, damaging, rendering inoperative 
or tampering with the satellite-tracking system shall be prohibited. 

Masters shall ensure that: 

– 

– 

– 

data are not altered in any way; 

the  antenna  or  antennas  connected  to  the  satellite-tracking  equipment  are  not 
obstructed in any way; 

the  power  supply  of  the  satellite-tracking  equipment  is  not  interrupted  in  any 
way; and 

– 

the satellite-tracking equipment is not removed from the vessel. 

The  parties  agree  to  exchange  upon  request  information  on  the  equipment  used  for 
satellite  monitoring,  in  order  to  ensure  that  each  piece  of  equipment  is  fully 
compatible  with  the  requirements  of  the  other  party  for  the  purposes  of  these 
provisions. 

Any  dispute  over  the  interpretation  or  application  of  these  provisions  shall  be  the 
subject of consultation between the parties within the Joint Committee provided for 
in Article 9 of the Agreement. 

8. 

9. 

10. 

11. 

12. 

13. 

14. 

The parties agree to review these provisions, as appropriate. 

EN 

31 

   EN 

 
COMMUNICATION OF VMS MESSAGES TO CAPE VERDE 

POSITION REPORT 

Data Element 

Code Mandatory/

Comments 

Optional 

Start record 

Recipient 

From 

Flag State 

Type of message 

Radio call sign 

SR 

AD 

FR 

FS 

TM 

RC 

Contracting  party  internal 
reference number 

IR 

External 
number 

Latitude 

Longitude 

Course 

Speed 

Dates 

Time 

End record 

registration 

XR 

LA 

LO 

CO 

SP 

DA 

TI 

ER 

O 

O 

O 

F 

O 

O 

F 

O 

O 

O 

O 

O 

O 

O 

O 

System detail – indicates start of record 

Message detail – recipient. Alpha 3 ISO country code 

Message detail – sender. Alpha 3 ISO country code 

Message detail – Message type “POS” 

Vessel detail – international radio call sign of vessel 

Unique  contracting  party  number  as  flag  State  ISO-3 
code followed by number) 

Vessel detail – number marked on side of vessel 

Vessel position detail – position in degrees and minutes 
N/S DDMM (WGS-84) 

Vessel position detail – position in degrees and minutes 
E/W DDMM (WGS-84) 

Vessel course 360° scale 

Vessel speed in tenths of knots 

Vessel position detail – date of record of UTC position 
(YYYYMMDD) 

Vessel position detail – time of record of UTC position 
(HHMM) 

System detail – indicates end of record 

Character set. ISO 8859.1 

Each data transmission is structured as follows: 

– 

– 

a double slash (//) and field code indicate the start of the message; 

a single slash (/) separates the field code and the data. 

Optional data elements have to be inserted between the start and end of the record. 

EN 

32 

   EN 

 
 
LIMITS OF THE CAPE VERDE EEZ 

COORDINATES of EEZ 

EN 

33 

   EN 

 
COORDINATES OF THE CAPE VERDE FMC 

Name of FMC: 

VMS Tel.: 

VMS Fax: 

VMS E-mail: 

DSPG Tel.: 

DSPG Fax: 

Address X25 = 

Declaration of entries/exits: 

EN 

34 

   EN 

 
LEGISLATIVE FINANCIAL STATEMENT 

1. 

TITLE OF THE PROPOSAL: 

Proposal  for  a  Council  Regulation  on  the  conclusion  of  the  Fisheries  Partnership 
Agreement  between  the  European  Community  and  the  Republic  of  Cape  Verde, 
during the period of five years from the entry into force of the Agreement. 

2. 

ABM / ABB FRAMEWORK 

11. Fisheries 

1103. International Fisheries Agreements 

3. 

BUDGET LINES 

3.1. 

Budget lines: 

110301: International Fisheries Agreements 

11010404: International Fisheries Agreements: administrative costs 

3.2 

Duration of the action and of the financial impact: 

The Protocol to the Fisheries Agreement between the European Community and the 
Republic of Cape Verde expired on 30 June 2005. The new Protocol will be valid 
for five years commencing on 1 September 2006. 

The  Protocol  lays  down  the  financial  contribution,  the  categories  of  and  conditions 
for fishing activities for Community vessels in Cape Verde fishing zones. 

3.3 

Budgetary characteristics (add rows if necessary): 

Budget line  Type of expenditure  New 

EFTA 
contribution 

Contribution
s 
applicant 
countries 

from 

in 

Heading 
financial 
perspective 

11.0301 

Comp. 

Diff2. 

NO 

11.010404 

Comp. 

Non-diff3.  NO 

NO 

NO 

NO 

NO 

No 4 

No 4 

2 
3 

Differentiated appropriations. 
Non-differentiated appropriations. 

EN 

35 

   EN 

 
                                                 
4. 

4.1 

SUMMARY OF RESOURCES 

Financial Resources 

4.1.1 

Summary of commitment appropriations (CA) and payment appropriations (PA) 

of 

Type 
expenditure 
Operational expenditure4 

Sectio
n No 

(EUR million to four decimal places) 

Year n  n +1 

n + 2 

n +3 

n +4 

Total 

Commitment 
appropriations 
(CA) 

8.1 

a min 

0.385 

0.385 

a max 

0.65 

0.65 

0.65 

a min 

0.385 

0.385 

a max 

Payment 
appropriations 
(PA) 
Administrative expenditure within reference amount5 
Technical  & 
administrative 
assistance 
(Non-diff.) 

8.2.4 

0.65 

c 

0.385 

0.65 

0.385 

0.65 

0.385 

0.65 

0.385 

0.65 

0.385 

0.65 

0.385 

0.65 

1.925 

3.25 

1.925 

3.25 

0.04 

0.04 

TOTAL 
AMOUNT 

Commitment 
appropriatio
ns 

Payment 
appropriatio
ns  

REFERENCE 

a+c 
min 

a+c 
max 

b+c 
min 

b+c 
max 

0.385 

0.385 

0.65 

0.65 

0.385 

0.65 

0.385 

0.65 

0.425 

0.69 

1.965 

3.29 

0.385 

0.385 

0.65 

0.65 

0.385 

0.65 

0.385 

0.65 

0.425 

0.69 

1.965 

3.29 

Administrative expenditure not included in reference amount6 
Human 
resources  and 
associated 
expenditure 
(Non-diff.) 

0.0594  0.0594 

0.0594 

8.2.5 

d 

0.0594 

0.0594 

0.297 

Administrativ
e  costs,  other 
than 
human 
resources  and 
associated 
costs, 
included 
reference 
amount  (Non-
diff.) 

not 
in 

8.2.6 

e 

0.0215  0.0215 

0.0215 

0.0215 

0.0215 

0.1075 

4 
5 
6 

Expenditure that does not fall under Chapter 11 01 01 of the Title 11 concerned. 
Expenditure within Article xx 01 04 of Title xx. 
Expenditure within chapter 11 01 other than articles 11 01 04. 

EN 

36 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
Total indicative financial cost of intervention 

TOTAL CA  

including 
cost 
human resources 

of 

TOTAL PA 

cost 
including 
human resources 

of 

0.4659 

0.7309 

0.4659 

0.4659 

0.4659 

0.5059 

2.3695 

0.7309 

0.7309 

0.7309 

0.7709 

3.6945 

0.4659 

0.7309 

0.4659 

0.4659 

0.4659 

0.5059 

2.3695 

0.7309 

0.7309 

0.7309 

0.7709 

3.6945 

Part-financing details: No part-financing 

Part-financing body 

Year n 

n + 1 

n + 2 

n + 3 

n + 4 

Total 

(EUR million to three decimal places) 

F 

TOTAL 
including 
financing 

CA 
part-

a+c+d+
e+f 

4.1.2  Compatibility with financial programming 

X 

Proposal is compatible with existing financial programming. 

(cid:133) 

(cid:133) 

Proposal  will  entail  programming  of  the  relevant  heading  in  the  financial 
perspective. 

Proposal  may  require  application  of  the  provisions  of  the  Interinstitutional 
Agreement7 (i.e. flexibility instrument or revision of the financial perspective). 

4.1.3 

Financial impact on revenue 

X 

Proposal has no financial impact on revenue 

(cid:133) 

Financial impact - the effect on revenue is as follows: 

Note: All details and observations relating to the method of calculating the effect 
on revenue should be shown in a separate annex. 

7 

See points 19 and 24 of the Interinstitutional Agreement. 

EN 

37 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
Budget 
line 

Revenue 

(EUR million to one decimal place) 

Situation following action 

[n+1] 

[n+2] 

[n+3] 

Prior to 

action 
[Year  n-
1] 

[Year 
n] 

a)  Revenue 
absolute terms 

in 

b)  Change 
revenue 

in 

 Δ 

(Please specify each revenue budget line involved, adding the appropriate number 
of rows to the table if there is an effect on more than one budget line.) 

4.2. 

Human  Resources  FTE  (including  officials,  temporary  and  external  staff)  –  see 
details under point 8.2.1. 

Annual requirements  Year n 

Year n+1  Year n+2  Year n+3  Year n+4 

Total number of human 
resources 

0.55 

0.55 

0.55 

0.55 

0.55 

5. 

CHARACTERISTICS AND OBJECTIVES 

5.1 

Need to be met in the short or long term 

The previous Protocol to the Fisheries Agreement between the European Community 
and the Republic of Cape Verde expired on 30 June 2005. The new Protocol covers 
the period from 1 September 2006 to 30 August 2011. 

The  main  objective  of  the  new  Fisheries  Partnership  Agreement  (FPA)  is  to 
strengthen cooperation between the European Community and the Republic of Cape 
Verde in order to promote partnership for the development of sustainable fishing and 
for sound  exploitation  of  fisheries  resources  in  the  Cape  Verde  fishing  zone.  The 
main elements of the new Protocol are: 

– 

Fishing  opportunities:  25  freezer  tuna  seiners,  11  pole-and-line  tuna  vessels 
and  48  surface  longliners  (a  reduction  of  28%  against  the  previous  Protocol) 
allocated  as  follows  (based  on  the  method  of  allocating  the  fishing 
opportunities in the previous Protocol, applications by the Member States and 
the historical rates of utilisation by Member State and by category), i.e.: 

• 

• 

tuna seiners: France: 13, Spain: 12 

pole-and-line tuna vessels: France: 4, Spain: 7 

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– 

– 

– 

• 

surface longliners: Spain: 41, Portugal: 7 

Annual  reference  tonnage:  5000  tonnes  of  tuna  (29%  reduction  vis-à-vis  the 
previous Protocol) 

Annual financial contribution: EUR 385 000 

Advances  and  fees  payable  by  shipowners:  EUR 35 for  seiners  and  surface 
longliners  (against  EUR  25  previously)  per  tonne  of  tuna  caught  in  the  Cape 
Verde  fishing  zone.  Pole-and-line  tuna  vessels  retain  a  fee of  EUR  25  due  to 
the  small-scale  nature  of  their  fishery.  The  annual  advances  are  fixed  at 
EUR 3 950 per  tuna  seiner,  EUR 500  per  pole-and-line  tuna  vessel  and 
EUR 2 900 per surface longliner (+38%, +25% and + 38% respectively). 

5.2 

Value-added  of  Community  involvement  and  coherence  of  the  proposal  with 
other financial instruments and possible synergy 

Regarding  this  new  FPA,  if  the  Community  does  not  act,  then  private  agreements 
will  spring  up  which  would  not  guarantee  sustainable  fisheries.  The  Community 
therefore hopes that, thanks to this FPA, the Republic of Cape Verde will cooperate 
effectively  with  the  Community  in  regional  bodies  such  as  the  International 
Commission  for  the  Conservation  of  Atlantic  Tunas  (ICCAT),  in  the  fight  against 
illegal fishing and for the proper management of stocks of highly migratory species. 
The Protocol also provides for a financial incentive for landing in Cape Verde ports 
with  a  view  to  galvanising  the  processing  structures  in  Cape  Verde.  The  fisheries 
agreement  also  guarantees  a  share  of  resources  to  the  sectoral  fisheries  policy  in 
Cape Verde. 

5.3. 

Objectives, expected results and related indicators of the proposal in the context 
of the ABM framework 

The negotiation and conclusion of fishing agreements with third countries meets the 
general objective of maintaining and safeguarding the traditional fishing activities of 
the Community fleet, including the distant-water fleet, and developing relations in a 
spirit  of  partnership  with  a  view  to  strengthening  the  sustainable  exploitation  of 
fishery resources outside Community waters, taking account of environmental, social 
and economic concerns. 

The following indicators will be used in the context of the ABM for the purposes of 
monitoring implementation of the Agreement: 

• 
• 

• 
• 
• 

• 

monitoring the utilisation rate of the fishing opportunities; 
gathering  and  analysing  data  on  catches  and  the  commercial  value  of  the 
Agreement; 
contribution to employment and value-added in the Community; 
contribution to stabilising the Community market; 
contribution  to  the  general  objectives  of  reducing  poverty  in  Cape  Verde, 
including  the  contribution  to  employment,  development  of  infrastructure  and 
support for the state budget; 
number of technical meetings and meetings of the Joint Committee. 

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5.4 

Method of implementation (indicative) 

X 

Centralised Management 

X  Directly by the Commission 

6. 

MONITORING AND EVALUATION 

6.1 

Monitoring system 

The Commission (DG FISH, in collaboration with the EC Delegation in Dakar and 
its  field  office  in  Praia)  will  ensure  regular  monitoring  of  implementation  of  this 
FPA, particularly in terms of its use by operators and catch data. 

6.2 

Assessment 

A  thorough  evaluation  was  carried  out  on  the  Protocol  for  2001-05,  ending  in 
September  2004,  with  the  assistance  of  a  consortium  of  independent  consultants, 
with a view to the possible launch of negotiations on a new Protocol.  

6.2.1 

Ex-ante evaluation 

Here is some background information on the value of the previous Protocol (2001-
04) drawn from the study of September 2004 (cf. point 6.2). 

Use of the EC/Cape Verde fisheries agreement (number of vessels): 

Type of vessel 

Fishing 
opportunities 
offered 

Use 2001/02  Use 2002/03  Use 2003/04  Average 

use 

Tuna seiners 

37 vessels 

Surface longliners 

62 vessels 

54% 

96% 

Pole-and-line vessels 

18 vessels 

66.6% 

57% 

95% 

94% 

57% 

71% 

56% 

87.6% 

88.8% 

83.3% 

In  the  period  2001-05,  catches  varied  between  1  100  and  2  100  tonnes  per  year, 
against  a  reference  tonnage  of  7  000  tonnes.  The  Agreement  clearly  remains 
advantageous in that the catch value far exceeds the cost of the Protocol. The average 
commercial value of the tuna is EUR 800 – EUR 1 000 per tonne. 

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; 

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–  contribution to Community’s fish supply. 

The  existence  of  a  Community  Agreement,  which  imposes  a  binding  regulatory 
framework on both parties, guarantees the sound management of fish stocks. 

- Risks and alternative options: 

There  is  some  risk  in  setting  up  a  fisheries  protocol,  for  example:  the  amounts 
intended  to  finance  the  sectoral  fisheries  policy  and  shipowners’  fees  might  not  be 
allocated as agreed (fraud), foreign fleets might ignore licences and other controls. In 
order  to  avoid  these  risks,  it  would  be  desirable  to  improve  maritime  control 
activities,  strengthen  satellite  monitoring  (VMS),  finance  measures  for  local 
fishermen, etc.. 

6.2.2 

Ex-ante  estimate  of  the  economic  value  of  the  Agreement  and  the  Community’s 
financial contribution 

The  financial  contribution  granted  by  the  Community  under  this  new  Fisheries 
Partnership  Agreement  is  a  single  allocation  established  on  the  basis  of  an  annual 
financial envelope of EUR 385 000 for the 2006-11 Protocol. 

6.2.3  Measures taken  following  an  intermediate/ex-post evaluation (lessons  learned from 

similar experiences in the past) 

The  failure  to  use  the  category  of  fishing  with  deep  longline  sets  has  led  the 
Community  to  remove  this  category  from  the  new  FPA  and  to  add  the  exclusivity 
clause for licences in the Cape Verde EEZ. 

The new Agreement no longer contains targeted measures, but does contain overall 
financial  support  for  implementing  initiatives  taken  in  the  context  of  the  sectoral 
fisheries  policy  drawn  up  by  the  Government  of  Cape  Verde.  The  Community  and 
the  Government  of  Cape  Verde  must  agree  on  a  multiannual  sectoral  programme 
relating  to  this  financial  support  (80%  of  the  total  financial  contribution,  or 
EUR 308 000). 

6.2.4 

Terms and frequency of future evaluation 

Following on from the study finalised in September 2004 (cf. point 6.2), in order to 
ensure  sustainable  fishing  in  the  region,  an  evaluation  of  the  economic,  social  and 
environmental  impact  will  be  made  each  time  a  protocol  is  renewed  in  the  future. 
The indicators listed in point 5.3 will be used to carry out an ex-post evaluation. 

7. 

ANTI-FRAUD MEASURES 

The  use  to  which  the  financial  contribution  paid  by  the  Community  under  the 
Agreement  is  put  is  entirely  at  the  discretion  of  the  sovereign  third  country 
concerned. 

Nevertheless,  the  Commission  undertakes  to  try  and  establish  permanent  political 
dialogue and cooperation with a view to improving the management of the Protocol 

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extension  and  strengthening  the  Community’s  contribution  to  the  sustainable 
management of resources. 

In any case, any payment which the Commission makes under a fisheries agreement 
is subject to its standard rules and budgetary and financial procedures. This makes it 
possible, in particular, to fully identify the bank accounts of the third countries into 
which the financial contribution is paid. 

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8. 

DETAILS OF RESOURCES 

8.1 

Objectives of the proposal in terms of their financial cost 

Commitments (in EUR million to four decimal places) 

of 

Year n 

Year n+1 

Year n+2 

Year n+3 

Year n+4 

Total 

No  of 
output
s 

Total 
cost 

of 

No 
outputs 

Total 
cost 

of 

No 
outputs 

Total 
cost 

of 

No 
outputs 

Total 
cost 

No 
outputs 

of 

Total 
cost 

of 

No 
outputs 

Total 
cost 

of 
(Headings 
objectives,  actions 
and  outputs  should 
be provided) 

Type 
output 

Operational objective 
No 1:8  To 
obtain 
fishing  opportunities 
in  exchange  for  a 
financial contribution  

Action 1……… 

Vessels/licen
ces 

84 
licences 

84 
licences 

- Output 1 

0.385 

0.385 

quota 

5 000 t 

5 000 t 

84 
licences 

5 000 t 

84 
licences 

5 000 t 

0.385 

0.385 

84 
licences 

5 000 t 

420  

0.385 

licences 

1.925 

25 000 t 

Theoretical 
maximum 

10 000 t 

0.65 

10 000 t 

0.65 

10 000 t 

0.65 

10 000 t 

0.65 

10 000 t 

0.65 

50 000 t 

3.25 

OPERATIONAL 
OBJECTIVE  

Action 2…… 

- Output 1   

TOTAL COST 

Min 

Max 

0.385 

0.65 

0.385 

0.65 

0.385 

0.65 

0.385 

0.65 

0.385 

0.65 

1.925 

3.25 

8 

As described under Section 5.3. 

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8.2 

Administrative expenditure 

8.2.1  Number and type of human resources 

Types 
post 

of 

Staff to be assigned to management of the action using existing and/or 
additional resources (number of posts/FTEs) 

Year n 

Year n+1 

Year n+2 

Year n+3  Year n+4 

0.25 

0.3 

0.25 

0.3 

0.25 

0.3 

0.25 

0.3 

0.25 

0.3 

Officials  or 
temporary 
staff9 
01 01) 

(11 

A*/AD 

B*, 
C*/AST 

Staff  financed  10  by 
Art. 11 01 02 

Other  staff  financed11 
by Art. 11 01 04 04 

TOTAL 

0.55 

0.55 

0.55 

0.55 

0.55 

8.2.2  Description of tasks deriving from the action 

•  Assisting  the  negotiator  to  prepare  and  conclude  the  negotiation  of  fisheries 

agreements: 

– 

– 

– 

– 

taking  part  in  negotiations  with  third  countries  to  conclude  fisheries 
agreements; 

preparing  draft  evaluation  reports  and  negotiation  strategy  notes  for  the 
Commissioner; 

presenting  and  defending  the  Commission’s  position  in  the  Council’s 
“External Fisheries” Working Party; 

taking part in the search for a compromise with the Member States to be 
included in the final text of the Agreement. 

•  Monitoring the implementation of agreements: 

– 

– 

daily monitoring of fisheries agreements; 

preparing  and  checking  the  commitment  and  payment  of  the  financial 
compensation and targeted measures or financing for the development of 
responsible fishing; 

– 

regular reporting on the implementation of agreements; 

9 
10 
11 

Cost of which is NOT covered by the reference amount. 
Cost of which is NOT covered by the reference amount. 
Cost of which is included within the reference amount. 

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– 

– 

evaluating agreements: scientific and technical aspects; 

preparing  the  draft  proposal  for  a  Council  regulation  and  decision  and 
drafting the text of the agreement; 

– 

launching and monitoring adoption procedures. 

•  Technical assistance: 

– 

preparing the Commission’s position for the Joint Committee. 

•  Inter-institutional relations 

– 

– 

representing 
Parliament and the Member States in the negotiation process; 

the  Commission  before 

the  Council, 

the  European 

writing  the  replies  to  oral  and  written  questions  from  the  European 
Parliament. 

•  Interdepartmental consultation and coordination: 

– 

liaising  with  the  other  Directorates-General  on  matters  relating  to  the 
negotiation and monitoring of agreements; 

– 

organising and responding to interdepartmental consultations. 

•  Evaluation: 

– 

– 

taking part in updating the impact assessment; 

analysing the achieved objectives and evaluation indicators. 

8.2.3 

Sources of human resources (statutory) 

(When more than one source is stated, please indicate the number of posts originating from 
each of the sources) 

X 

(cid:133) 

(cid:133) 

(cid:133) 

(cid:133) 

Posts currently allocated to the management of the programme to be replaced 
or extended 

Posts pre-allocated within the APS/PDB exercise for year 2006 

Posts to be requested in the next APS/PDB procedure 

Posts  to  be  redeployed  using  existing  resources  within  the  managing  service 
(internal redeployment) 

Posts required for year n although not foreseen in the APS/PDB exercise of the 
year in question 

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8.2.4  Other administrative expenditure included in reference amount 

(11 01 04/05 – Expenditure on administrative management) 

Budget line: 11010404 

Year n 

Year 
n+1 

Year 
n+2 

Year 
n+3 

Year 
n+4 

TOTAL 

(number and heading) 

(EUR million to three decimal places) 

Technical 

1. 
administrative 
(including 
costs) 

related 

and 
assistance 
staff 

Executive agencies12 

Other 
administrative assistance 

technical 

and 

- intra muros 

- extra muros (1) 

Total 
administrative assistance 

technical 

and 

0.04 

0.04 

0.04 

0.04 

(1) Ex-post evaluation of the current Protocol and ex-ante evaluation of the future Protocol.  

8.2.5 

Financial cost of human resources and associated costs not included in the reference 
amount 

(EUR million to four decimal places) 

Type of human resources 

Year n 

Year 
n+1 

Year 
n+2 

Year 
n+3 

Year 
n+4 

TOTAL 

Officials  and  temporary  staff 
(11 01 01) 

0.0594 

0.0594 

0.0594 

0.0594 

0.0594 

0.297 

financed 

Staff 
XX 01 02 
contract staff, etc.) 

by  Art. 
(auxiliary,  END, 

(specify budget line) 

of 

cost 

human 
Total 
resources  and  associated 
costs 
in  reference 
amount) 

(NOT 

0.0594 

0.0594 

0.0594 

0.0594 

0.0594 

0.297 

12 

Reference  should  be  made  to  the  specific  legislative  statement  for  the  Executive  Agency/Agencies 
concerned. 

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Calculation – Officials and contract staff 

Reference should be made to Point 8.2.1, if applicable 

- 

1A = EUR 108 000*0.25 = EUR 27 000 

1B = EUR 108 000*0.15 = EUR 16 200 

1C = EUR 108 000*0.15 = EUR 16 200 

Subtotal : EUR 59.400 (EUR 0.0594 million per year) 

Total: EUR 59 400 per year (EUR 0.0594 million per year) 

Calculation – Staff financed under Article XX 01 02 

Reference should be made to Point 8.2.1, if applicable 

8.2.6  Other administrative expenditure not included in reference amount 

(EUR million to three decimal places) 

Year n 

Year 
n+1 

Year 
n+2 

Year 
n+3 

Year 
n+4 

TOTAL 

11 01 02 11 01 – Missions 

0.020 

0.020 

0.020 

0.020 

0.020 

0.1 

11 01 02 11 02  – Meetings & 
Conferences 

XX 
01 
02 
Committees13 

11 

03 

– 

XX 01 02 11 04 - Studies and 
consultations 

XX 01 02 11 05 – Information 
systems 

Total 

2. 
other 
management  expenditure 
(XX 01 02 11) 

3.  Other  expenditure  of 
an  administrative  nature 
(specify 
including 
reference to budget line) 

administrative 
Total 
expenditure,  other  than 
and 
human 
(NOT 
associated 
reference 
included 
amount) 

resources 
costs 
in 

0.0015 

0.0015 

0.0015 

0.0015 

0.0015 

0.0075 

0.0215 

0.0215 

0.0215 

0.0215 

0.0215 

0.1075 

13 

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

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