Proposal for a Council Regulation on the conclusion of the Fisheries Partnership Agreement between the European Community and Côte d’Ivoire
Date: 2007-10-30
Institutions: European Commission
Subjects: Côte d'Ivoire, cooperation agreement, fishery management, fishing agreement, fishing regulations

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 30.10.2007 
COM(2007) 648 final 

2007/0226 (CNS) 

Proposal for a 

COUNCIL REGULATION 

on the conclusion of the Fisheries Partnership Agreement between 
the European Community and Côte d’Ivoire 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

The  European  Community  and  Côte d’Ivoire  negotiated  and  initialled,  on  5 April  2007,  a 
Fisheries  Partnership  Agreement  which  provides  Community  fishermen  with  fishing 
opportunities in Côte d’Ivoire’s fishing zone. This Partnership Agreement, accompanied by a 
Protocol and the Annex thereto, was signed for a period of six years and is renewable. On the 
date of its entry into force, this Agreement repeals and replaces the Agreement between the 
European  Economic  Community  and  Côte d’Ivoire  on  fishing  off  the  coast  of  Côte d’Ivoire 
which entered into force on 19 December 1990. 

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 Côte d’Ivoire, thereby creating a partnership framework within 
which to develop a sustainable fisheries policy and sound exploitation of fisheries resources 
in Côte d’Ivoire’s 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.  Within  this  new 
Fisheries  Partnership  Agreement,  special  attention  will  be  given  to  supporting  the  fisheries 
policy  of  Côte d’Ivoire.  In  this  context,  the  two  Parties  will  agree  on  the  priorities  to  be 
decided  upon  for  such  support  and  will  identify  the  objectives,  the  annual  and  multiannual 
programming and the criteria to assess the results to be obtained, with a view to ensuring a 
sustainable and responsible management of the sector. 

The financial contribution is fixed at EUR 595 000 per year. This financial contribution will 
be allocated in full to the support and implementation of initiatives taken in the context of the 
sectoral fisheries policy drawn up by the Government of Côte d’Ivoire.  

In  terms  of  fishing  opportunities,  25  seiners  and  15  surface  longliners  will  be  authorised  to 
fish. However, at the request of the Community, exploratory fishing trips may be carried out 
under  the  Agreement.  If  they  are  conclusive,  the  Parties  may  decide  to  award  new  fishing 
opportunities to Community vessels. The Protocol also includes a review clause allowing the 
Protocol  and  the  Annexes  thereto  to  be  amended  following  its  third  anniversary  if  the  Joint 
Committee deems it necessary.  

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

The Commission proposes on this basis that the Council adopt a Regulation on the conclusion 
of  this  new  Fisheries  Partnership  Agreement  between  the  European  Community  and 
Côte d’Ivoire. 

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2007/0226 (CNS) 

Proposal for a 

COUNCIL REGULATION 

on the conclusion of the Fisheries Partnership Agreement between 
the European Community and Côte d’Ivoire 

THE COUNCIL OF THE EUROPEAN UNION, 

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

Having regard to the proposal from the Commission1, 

Having regard to the opinion of the European Parliament2, 

Whereas: 

(1) 

(2) 

The Community has negotiated with Côte d’Ivoire a Fisheries Partnership Agreement 
providing  Community  vessels  with  fishing  opportunities  in  the  waters  over  which 
Côte d’Ivoire has sovereignty or jurisdiction in respect of fisheries. 

As a result of those negotiations, a new Fisheries Partnership Agreement was initialled 
on 5 April 2007. 

(3) 

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

(4) 

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 Côte d’Ivoire is 
hereby approved on behalf of the Community. 

The text of the Agreement is attached to this Regulation. 

1 
2 

OJ C [..], […..], p. [..]. 
OJ C [..], […..], p. [..]. 

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

Article 2 

- 

- 

25 purse seiners 

France: 

10 vessels 

Spain: 

15 vessels 

15 longliners 

Spain: 

 10 vessels 

Portugal: 

5 vessels. 

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  the  Agreement  referred  to  in  Article  1  shall 
notify the Commission  of  the  quantities of each  stock caught  within Côte  d’Ivoire’s 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 seas3. 

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

Article 4 

Article 5 

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

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

Done at Brussels,  

For the Council 
The President 

3 

OJ L 73, 15.3.2001, p. 8. 

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FISHERIES PARTNERSHIP AGREEMENT 

between the Republic of Côte d’Ivoire and the European Community 

THE REPUBLIC of Côte d’Ivoire, hereinafter referred to as “Côte d’Ivoire”, 

and  

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

hereinafter referred to as “the Parties”, 

CONSIDERING  the  close  working  relationship  between  the  Community  and  Côte d’Ivoire, 
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, 

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  Côte d’Ivoire  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 Côte d’Ivoire 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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This Agreement establishes the principles, rules and procedures governing: 

Article 1 – Scope 

– 

– 

– 

– 

economic, financial, technical and scientific cooperation in the fisheries sector with a view 
to  promoting  responsible  fishing  in  Côte d’Ivoire’s  fishing  zones  to  guarantee  the 
conservation  and 
resources  and  develop 
Côte d’Ivoire’s fisheries sector; 

sustainable  exploitation  of 

fisheries 

the  conditions  governing  access  by  Community  fishing  vessels  to  Côte d’Ivoire’s  fishing 
zones; 

cooperation on the arrangements for policing fisheries in Côte d’Ivoire’s fishing zones 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) 

“Côte d’Ivoire authorities” means the Ministry responsible for fisheries resources;  

“Community authorities” means the European Commission;  

“Côte d’Ivoire’s  fishing  zone”  means  the  waters  over  which,  as  regards  fisheries, 
Côte d’Ivoire 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 Committee” means a committee made up of representatives of the Community and 
Côte d’Ivoire, as specified in Article 9 of this Agreement; 

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

“unusual  circumstances”  means  circumstances,  other  than  natural  phenomena,  which  are 
beyond  the  reasonable  control  of  one  of  the  Parties  and  are  such  as  to  prevent  fishing 
activities in Côte d’Ivoire waters; 

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

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1. 

2. 

3. 

4. 

5. 

1. 

2. 

3. 

1. 

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

The  Parties  hereby  undertake  to  promote  responsible  fishing  in  Côte d’Ivoire’s  fishing 
zones  on  the  basis  of  the  principles  of  non-discrimination  between  the  different  fleets 
fishing in those waters, without prejudice to the agreements concluded between developing 
countries within a geographical region, including reciprocal fisheries agreements. 

The Parties shall cooperate with a view to implementing a sectoral fisheries policy adopted 
by the Government of Côte d’Ivoire and to that end 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 ex-ante, ongoing and ex-post evaluations, 
both  jointly  and  unilaterally,  of  measures,  programmes  and  actions  implemented  on  the 
basis of this Agreement. 

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. 

In  particular,  the  employment  of  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  Côte d’Ivoire  shall 
endeavour to monitor the evolution of resources in Côte d’Ivoire’s fishing zone.  

The two Parties, on the basis of the recommendations and resolutions adopted within the 
International Commission for the Conservation of Atlantic Tunas (ICCAT), and in the light 
of the best available scientific advice, shall consult each other within the Joint Committee 
provided for in Article 9 of the Agreement and adopt, where appropriate after a scientific 
meeting  and  by  mutual  agreement,  measures  to  ensure  the  sustainable  management  of 
fisheries resources affecting the activities of Community vessels. 

The Parties undertake to consult one other, either directly, including at subregional level, 
or  within  the  international  organisations  concerned,  to  ensure  the  management  and 
conservation  of  living  resources  in  the  Atlantic  Ocean,  and  to  cooperate  in  the  relevant 
scientific research. 

Article 5 – Access by Community vessels 
to fisheries in Côte d’Ivoire waters 

Côte d’Ivoire 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. 

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2. 

3. 

4. 

1. 

2. 

1. 

2. 

3. 

The  fishing  activities  governed  by  this  Agreement  shall  be  subject  to  the  laws  and 
regulations  in  force  in  Côte d’Ivoire.  The  Côte d’Ivoire  authorities  shall  notify  the 
Commission of any amendments to that legislation. 

Côte d’Ivoire  shall  take  all  the  appropriate  steps  required  for  the  effective  application  of 
the  fisheries  monitoring  provisions  in  the  Protocol.  Community  vessels  shall  cooperate 
with the Côte d’Ivoire 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 Côte d’Ivoire has jurisdiction. 

Article 6 – Licences 

Community vessels may fish in Côte d’Ivoire’s fishing zone only if they are in possession 
of  a  valid  fishing  licence  issued  by  Côte d’Ivoire  under  this  Agreement  and  the  Protocol 
hereto. 

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  Côte d’Ivoire  a  financial  contribution  in  accordance  with  the 
terms and conditions laid down in the Protocol and the Annexes. This single contribution 
shall be based on two elements, namely:  

(a) 

access by Community vessels to Côte d’Ivoire waters and fisheries resources, and  

(b)  Community  financial  support  for  establishing  a  national  fisheries  policy  based  on 
responsible  fishing  and  on  the  sustainable  exploitation  of  fisheries  resources  in 
Côte d’Ivoire waters. 

The  element  of  the  financial  contribution  referred  to  in  paragraph  1(b)  above  shall  be 
determined in the light of objectives identified by mutual agreement between the Parties in 
accordance with the Protocol, to be achieved in the context of the sectoral fisheries policy 
drawn up by the Government of Côte d’Ivoire 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; 

(b) 

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; 

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1. 

2. 

3. 

4. 

1. 

(c) 

(d) 

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 financial support for implementing a sectoral fisheries 
policy  in  Côte d’Ivoire,  where  this  is  warranted  by  the  results  of  the  annual  and 
multiannual programming observed by both Parties; 

(e) 

termination of this Agreement under Article 13; 

(f) 

suspension of the application of this Agreement under Article 12. 

Article 8 – Promoting cooperation among 
economic operators and 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 undertake to promote exchanges of information on fishing techniques and gear, 
preservation methods and the processing of fishery products. 

The  Parties  shall  endeavour  to  create  conditions  favourable  to  the  promotion  of  relations 
between  their  enterprises  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 encourage, in particular, the setting-up of joint enterprises in their mutual 
interest which shall systematically comply with Côte d’Ivoire and Community legislation. 

Article 9 – Joint Committee 

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

(a) 

overseeing 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;  

(c) 

(d) 

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

reassessing, where necessary, the level of fishing opportunities and, consequently, of 
the financial contribution; 

(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 Côte d’Ivoire and in the 
Community, and shall be chaired by the Party hosting the meeting. It shall hold a special 
meeting at the request of either of the Parties. 

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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 Côte d’Ivoire. 

Article 11 – Duration 

This  Agreement  shall  apply  for  six  years  from  the  date  of  its  entry  into  force;  it  shall  be  tacitly 
renewed for six-year periods, unless notice of termination is given in accordance with Article 13. 

1. 

2. 

1. 

2. 

3. 

4. 

Article 12 – 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. 

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 13 – 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  in  writing  of  its  intention  to  withdraw 
from  the  Agreement  at  least  six  months  before the  date  of  expiry  of  the  initial  period  or 
each additional period.  

Dispatch  of  the  notification  referred  to  in  paragraph  2  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. 

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

Article 14 – Protocol and Annex 

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Article 15 
National law 

The  activities  of  Community  vessels  operating  in  Côte d’Ivoire  waters  shall  be  governed  by  the 
applicable law in Côte d’Ivoire, unless otherwise provided in the Agreement, this Protocol and the 
Annex and Appendices hereto. 

Article 16 – Repeal 

On the date of its entry into force, this Agreement repeals and replaces the Agreement between the 
European  Economic  Community  and  the  Republic  of  Côte d’Ivoire  on  fishing  off  the  coast  of 
Côte d’Ivoire which entered into force on 19 December 1990. 

Article 17 – Entry into force 

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

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Protocol setting out the fishing opportunities and the financial contribution provided for by 
the Agreement between the European Community and the Republic of Côte d’Ivoire on 
fishing off the coast of Côte d’Ivoire for the period from 1 July 2007 to 30 June 2013 

Article 1 
Period of application and fishing opportunities 

1. 

For  a  period  of  six  years  from  1  July  2007,  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, 

surface longliners: 15 vessels. 

2. 

3. 

1. 

2. 

3. 

4. 

5. 

6. 

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 
Côte d’Ivoire’s fishing zone only if they are in possession of a valid fishing licence issued 
by Côte d’Ivoire under this Protocol in accordance with the Annex hereto. 

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 455 000 equivalent to a reference 
tonnage of 7 000 tonnes per year and a specific amount of EUR 140 000 per year for the 
support  and  implementation  of  Côte d’Ivoire’s  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, 6 and 7 of this Protocol. 

The Community shall pay the total amount fixed in paragraph 1, i.e. EUR 595 000, each 
year during the period of application of this Protocol.  

If  the  overall  quantity  of  catches  by  Community  vessels  in  Côte d’Ivoire’s  fishing  zones 
exceeds  the  reference  tonnage,  the  amount  of  the  annual  financial  contribution  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 3 
(EUR 1 190 000). 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.  

Payment of the financial contribution referred to in paragraph 1 shall be made no later than 
30 March 2008 in the first year and no later than 1 July in the following years. 

Subject  to  Article  6,  the  Côte d’Ivoire  authorities  shall  have  full  discretion  regarding  the 
use to which this financial contribution is put. 

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7. 

1. 

2. 

3. 

4. 

1. 

2. 

3. 

The  financial  contribution  shall  be  paid  into  a  single  Côte d’Ivoire  Public  Treasury  bank 
account. 

Article 3 
Cooperation on responsible fishing – Scientific cooperation  

The Parties hereby undertake to promote responsible fishing in Côte d’Ivoire waters on the 
basis  of  the  principles  of  non-discrimination  between  the  different  fleets  fishing  in  those 
waters. 

During  the  period  covered  by  this  Protocol,  the  Community  and  the  Côte d’Ivoire 
authorities shall endeavour to monitor the evolution of resources in Côte d’Ivoire’s fishing 
zone. 

The  Parties  undertake  to  promote  cooperation at  subregional  level  on  responsible  fishing 
and,  in  particular,  within  the  International  Commission  for  the  Conservation  of  Atlantic 
Tunas (ICCAT) or any other subregional or international organisation concerned. 

In accordance  with  Article  4 of the Agreement and on the basis of the recommendations 
and  resolutions  adopted  within  the  International  Commission  for  the  Conservation  of 
Atlantic Tunas (ICCAT), and in the light of the best available scientific advice, the Parties 
shall  consult  each  other  within  the  Joint  Committee  provided  for  in  Article  9  of  the 
Agreement and adopt, where appropriate after a scientific meeting possibly at subregional 
level,  and  by  mutual  agreement,  measures  to  ensure  the  sustainable  management  of 
fisheries resources affecting 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(4) confirm 
that  such  an  increase  will  not  endanger  the  sustainable  management  of  Côte d’Ivoire’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 in respect of the reference tonnage 
shall  not  be  more  than  twice  the  amount  of  the  financial  contribution  referred  to  in 
Article 2(1).  Where  the  quantities  caught  annually  by  Community  vessels  are  more  than 
twice  7 000  tonnes  (i.e.  14  000  tonnes),  the  amount  due  for  the  quantity  exceeding  that 
limit shall be paid the following year. 

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,  following  consultations  and  by  mutual  agreement  between  the  Parties, 
provided that any changes comply with recommendations made by the scientific meeting 
referred to in Article 3(4) regarding the management of stocks liable to be affected by such 
redistribution.  The  Parties  shall  agree  on  the  corresponding  adjustment  of  the  financial 
contribution where the redistribution of fishing opportunities so warrants. 

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1. 

2. 

3. 

4. 

1. 

2. 

3. 

1. 

Article 5 
New and exploratory fishing opportunities 

Should  Community  vessels  be  interested  in  fishing  activities  which  are  not  indicated  in 
Article  1,  the  Community  shall  consult  Côte d’Ivoire  in  order  to  seek  authorisation  for 
these new activities. 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 hereto.  

The Parties may carry out joint exploratory fishing trips in Côte d’Ivoire’s fishing zones, 
subject  to  an  opinion  by  the  scientific  meeting  provided  for  in  Article  3(4).  To  this  end, 
they shall hold consultations whenever one of the Parties so requests and determine, on a 
case-by-case basis, relevant new resources, conditions and other parameters. 

The two Parties shall carry out exploratory fishing activities in accordance with scientific 
and  administrative  parameters  adopted  by  mutual  agreement.  The  authorisations  for 
exploratory  fishing  shall  be  granted  for  test  purposes,  for  a  maximum  of  two  six-month 
trips, from the date decided by mutual agreement between the two Parties.  

Where  the  Parties  conclude  that  the  exploratory  fishing  trips  have  produced  positive 
results, while preserving ecosystems and conserving living marine resources, new fishing 
opportunities may be awarded to Community vessels following the consultation procedure 
provided  for  in  Article  4  of  this  Protocol  and  until  the  expiry  of  the  Protocol  and  in 
accordance  with  the  allowable  effort.  The  financial  contribution  will  be  increased  as  a 
result. 

Article 6 
Suspension and review of the payment of the financial contribution  
 in the event of unusual circumstances 

Where unusual circumstances, other than natural phenomena, prevent fishing activities in 
Côte d’Ivoire’s  exclusive  economic  zone  (EEZ),  the  European  Community  may  suspend 
payment of the financial contribution provided for in Article 2(1). The suspension decision 
shall  be  taken  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. 

Where the validity of the licences granted to Community vessels is suspended along with 
the  payment  of  the  financial  contribution,  it  shall  be  extended  by  a  period  equal  to  the 
period during which fishing activities were suspended. 

Article 7 
Promotion of responsible fishing in Côte d’Ivoire waters 

100% of the total amount of the financial contribution fixed in Article 2 shall be allocated 
each  year  to  the  support  and  implementation  of  initiatives  taken  in  the  context  of  the 
sectoral fisheries policy drawn up by the Côte d’Ivoire Government. 

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Côte d’Ivoire  shall  manage  the  corresponding  amount  following  the  identification  by 
mutual  agreement  between  the  two  Parties,  in  accordance  with  the  current  priorities  of 
Côte d’Ivoire’s  fisheries  policy  for  ensuring  sustainable  and  responsible  management  of 
the  sector,  of  the  objectives  to  be  attained  and  the  annual  and  multiannual  programming 
required to attain them, pursuant to paragraph 2 below, in particular as regards monitoring 
and control, the management of resources, improving health and hygiene conditions in the 
production of fishery products and strengthening the monitoring capacity of the competent 
authorities. 

2. 

On  a  proposal  from  Côte d’Ivoire  and  for  the  purposes  of  implementing  the  preceding 
paragraph, as soon as this Protocol enters into force and no later than three months after 
that  date,  the  Community  and  Côte d’Ivoire  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 each year;  

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 Côte d’Ivoire 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 each year must be approved by both 
Parties within the Joint Committee. 

Each year, Côte d’Ivoire 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  thereafter,  Côte d’Ivoire  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 amount for the 
support and implementation of Côte d’Ivoire’s sectoral fisheries policy within 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. 

3. 

4. 

5. 

Article 8 
Disputes – suspension of application of the Protocol 

1. 

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. 

EN 

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.  As  soon  as  an  amicable  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) 

the competent Côte d’Ivoire authorities shall notify the European Commission of the non-
payment.  The  Commission  shall  carry  out  the  requisite  checks  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 Côte d’Ivoire authorities shall 
be  entitled  to  suspend  application  of  the  Protocol.  They  shall  inform  the  European 
Commission of such action forthwith; 

(c) 

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  Côte d’Ivoire  waters  shall  be  governed  by  the 
applicable law in Côte d’Ivoire, unless otherwise provided in the Agreement, this Protocol and the 
Annex and Appendices hereto. 

Article 11 
Review clause 

Following the third anniversary of this Protocol and the Annex thereto, the Parties shall review the 
application of the Protocol and the Annex thereto and, where appropriate, consult each other within 
the  Joint  Committee  on  any  amendments  of  their  provisions.  Any  such  amendments  may  include 
the reference tonnage and the standard amounts paid for licences. 

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Article 12 
Repeal 

The  Annex  to  the  Agreement  between  the  European  Economic  Community  and  the  Republic  of 
Côte d’Ivoire on fishing off the coast of Côte d’Ivoire 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.  

They shall apply with effect from 1 July 2007. 

EN 

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ANNEX 

CONDITIONS GOVERNING FISHING ACTIVITIES BY COMMUNITY VESSELS IN 
CÔTE D’IVOIRE’S FISHING ZONE 

Chapter I - Application for and issue of licences 

Section 1 
Issue of licences 

1. 

2. 

3. 

4. 

Only eligible vessels may obtain a licence to fish in Côte d’Ivoire’s fishing zone. 

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

The  relevant  Community  authorities  shall  submit  (by  electronic  means)  to  the  Ministry 
responsible for fisheries in Côte d’Ivoire an application for each vessel wishing to fish or 
assist in fishing activities under the Agreement at least 30 working days before the date of 
commencement of the period of validity requested. 

Applications shall be submitted to the Ministry responsible for fisheries on a form drawn 
up in accordance with the specimen in Appendix I. The Côte d’Ivoire authorities shall take 
all the necessary steps to ensure that the data received as part of the licence application are 
treated  as  confidential.  This  data  will  be  used  exclusively  in  the  context  of  the 
implementation of the Fisheries Agreement. 

5. 

All licence applications shall be accompanied by the following documents: 

– 

– 

proof of payment of the flat-rate advance for the period of validity of the licence; 

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  Côte d’Ivoire  authorities  in 
accordance with Article 2(7) of the Protocol. 

The fees shall include all national and local charges with the exception of port taxes and 
service charges. 

Licences  for  all  vessels  shall  be  issued  to  shipowners  or  their  representatives  via  the 
Delegation  of  the  European  Commission  to  Côte d’Ivoire  within  15  working  days  of 
receipt of all the documents referred to in point 6 by the Ministry responsible for fisheries 
in Côte d’Ivoire. 

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, as referred to in Article 1 of the Protocol, with no further fee due. In this 

6. 

7. 

8. 

9. 

10. 

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18 

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11. 

12. 

13. 

14. 

1. 

2. 

3. 

4. 

5. 

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 his or her representative, shall return the cancelled licence 
to  the  Ministry  responsible  for  fisheries  in  Côte d’Ivoire  via  the  Delegation  of  the 
European Commission. 

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  Côte d’Ivoire.  The  Delegation  of  the 
European Commission to Côte d’Ivoire shall be informed of the licence transfer. 

The  licence  must  be  held  on  board  at  all  times.  The  European  Community  shall  keep  an 
up-to-date  draft  list of the vessels for which a fishing licence has been applied for under 
this  Protocol.  This  draft  shall  be  notified  to  the  Côte d’Ivoire  authorities  as  soon  as  it  is 
drawn up, and then each time it is updated. On receipt of this draft list and of notification 
of  payment  of  the  advance  sent  to  the  coastal  state  authorities  by  the  Commission,  the 
vessel  shall  be  entered  by  the  competent  Côte d’Ivoire  authority  on  a  list  of  vessels 
authorised  to  fish,  which  shall  be  notified  to  the  authorities  responsible  for  fisheries 
inspection. In this case, a certified copy of this list shall be sent to the shipowner and kept 
on board instead of the fishing licence until the licence has been issued. 

The two Parties shall seek agreement for the purposes of promoting the introduction of a 
licence  system  based  exclusively  on  the  electronic  exchange  of  all  the  information  and 
documents  described  above.  The  two  Parties  shall  seek  agreement  for  the  purposes  of 
promoting the rapid replacement of the paper licence by an electronic equivalent such as 
the list of vessels authorised to fish in Côte d’Ivoire’s fishing zone. 

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 Côte d’Ivoire’s fishing zone in the case 
of tuna seiners and surface longliners. 

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

– 

– 

EUR 3 850 per tuna seiner, equivalent to the fees due for 110 tonnes per year; 

EUR 1 400 per surface longliner, equivalent to the fees due for 40 tonnes per year. 

Member States shall inform the European Commission not later than 15 June each year of 
the tonnages caught during the past year, as confirmed by the scientific institutes referred 
to in point 5 below. 

The  final  statement  of  the  fees  due  for  year  n  shall  be  drawn  up  by  the  European 
Commission by 31 July of 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  (IEO),  the  Instituto  Português  de  Investigaçao 
Maritima (IPIMAR) and the Côte d’Ivoire Centre de Recherches Océanologiques (CRO). 
It shall be sent via the Delegation of the European Commission. 

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19 

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6. 

7. 

8. 

1. 

1. 

2. 

This  statement  shall  be  sent  simultaneously  to  the  Ministry  responsible  for  fisheries  in 
Côte d’Ivoire and to the shipowners. 

Any additional payments (for quantities caught in excess of 110 tonnes for tuna seiners and 
40 tonnes for longliners) shall be made by the shipowners to the competent Côte d’Ivoire 
national  authorities  by  31  August  of  year  n+1,  into  the  account  referred  to  in  point  6  of 
Section 1 of this Chapter, on the basis of EUR 35 per tonne. 

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. 

Chapter II – Fishing zones 

Community  vessels  may  carry  out  fishing  activities  in  waters  beyond  12  nautical  miles 
from the base lines in the case of tuna seiners and surface longliners. 

Chapter III – Catch reporting arrangements 

For  the  purposes  of  this  Annex,  the  duration  of  a  trip  by  a  Community  vessel  in 
Côte d’Ivoire’s fishing zone shall be defined as follows: 

– 

– 

the period elapsing between entering and leaving Côte d’Ivoire’s fishing zone, 

or  the  period  elapsing  between  entering  Côte d’Ivoire’s  fishing  zone  and  a 
transhipment and/or a landing in Côte d’Ivoire. 

All vessels authorised to fish in Côte d’Ivoire waters under the Agreement shall be obliged 
to  notify  their  catches  to  the  Ministry  responsible  for  fisheries  in  Côte d’Ivoire  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 point 4 of Section 2 of Chapter I 
of this Annex. Catches shall be notified as follows: 

2.1  During an annual period of validity of the licence within the meaning 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  Côte  d’Ivoire  Ministry  responsible  for  fisheries  within  45  days 
following  the  end  of  the  last  trip  made  during  the  period.  These  notifications  shall 
also be made by fax (225 21 35 04 09 or 225 21 35 63 15) or e-mail. 

2.2  Vessels  shall  declare  their  catches  on  the  corresponding  form  in  the  logbook,  in 
accordance  with  the  specimen  in  Appendix  2.  The  words  “Outside  Côte d’Ivoire’s 
fishing zone” shall be entered in the logbook in respect of periods during which the 
vessel is not in Côte d’Ivoire’s fishing zone. 

2.3  The forms shall be filled in legibly and signed by the master of the vessel or by his or 

her legal representative. 

2.4.  Catch  declarations  shall  be  reliable  in  order  to  contribute  to  the  monitoring  of  the 

evolution of stocks. 

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3. 

4. 

Where  the  provisions  set  out  in  this  Chapter  are  not  complied  with,  the  Government  of 
Côte d’Ivoire  reserves  the  right  to  suspend  the  licence  of  the  offending  vessel  until 
formalities  have  been  completed  and  to  apply  to  the  shipowner  the  penalty  laid  down  in 
current  Côte d’Ivoire  legislation.  The  European  Commission  and  the  flag  Member  State 
shall be informed thereof. 

The  two  Parties  shall  seek  agreement  for  the  purposes  of  promoting  a  catch  reporting 
system based exclusively on the electronic exchange of all the information and documents 
described above. The two Parties shall seek agreement for the purposes of promoting the 
rapid replacement of the written declaration (logbook) by an equivalent in the form of an 
electronic file. 

Chapter V – Embarking seamen 

1. 

Owners of tuna seiners and surface longliners shall employ ACP nationals, subject to the 
following conditions and limits: 

– 

– 

for the fleet of tuna seiners, at least 20% of the seamen signed on during the tuna-
fishing season in the fishing zone of the third country shall be of ACP origin, 

for the  fleet  of surface longliners,  at least 20% of the seamen signed on during the 
fishing season in the fishing zone of the third country shall be of ACP origin. 

Shipowners shall endeavour to sign on additional seamen of ACP origin. 

The  International  Labour  Organisation  (ILO)  Declaration  on  Fundamental  Principles  and 
Rights  at  Work  shall  apply  as  of  right  to  seamen  signed  on  by  Community  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  ACP  seamen  shall  be  drawn  up  between  the  shipowners’ 
representative(s)  and  the  seamen  and/or  their  trade  unions  or  representatives.  A  copy  of 
these contracts 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.  

The  wages  of  the  ACP  seamen  shall  be  paid  by  the  shipowners.  They  shall  be  fixed  by 
mutual  agreement  among  the  shipowners  or  their  representatives  and  the  seamen  and/or 
their  trade  unions  or  representatives.  However,  the  wage  conditions  granted  to  ACP 
seamen shall not be lower than those applied to crews from their respective countries 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. 

2. 

3. 

4. 

5. 

6. 

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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. 

Chapter VI – Observers  

1. 

Vessels authorised to fish in Côte d’Ivoire waters under the Agreement shall take on board 
observers appointed by the competent regional fisheries organisation on the terms set out 
below. 

1.1  At the request of the competent authority, Community vessels shall take on board an 
observer designated by the authority in order to check catches made in Côte d’Ivoire 
waters.  

1.2  The competent authority 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. 

1.3  The  competent  authority  shall 

their 
representatives,  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  shipowners  concerned,  or 

inform 

2. 

3. 

4. 

5. 

6. 

7. 

The  time  spent  on  board  by  observers  shall  be  one  fishing  trip.  However,  at  the  express 
request  of  the  competent  Côte d’Ivoire  authorities,  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  authority  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 representatives and the competent authority. 

Observers shall be taken on board at a port chosen by the shipowner at the beginning of the 
first voyage in Côte d’Ivoire 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 country outside the subregion, their travel costs 
shall be borne by the shipowner. Should a vessel with a regional observer on board leave 
the  regional  fishing  zone,  all  measures  must  be  taken  to  ensure  the  observer’s  return  as 
soon as possible at the expense of the shipowner. 

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

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8. 

Observers shall be treated as officers. Where vessels are operating in Côte d’Ivoire waters, 
they shall carry out the following tasks: 

8.1  observe the fishing activities of the vessels; 

8.2  verify the position of vessels engaged in fishing operations; 

8.3  perform biological sampling in the context of scientific programmes; 

8.4  note the fishing gear used; 

8.5  verify the catch data for Côte d’Ivoire waters recorded in the logbook; 

8.6  verify the percentages of by-catches and estimate the quantity of discards of species 

of marketable fish; 

8.7 

report by any appropriate means fishing data, including the quantity of catches and 
by-catches on board, to their competent authority. 

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

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. 

9. 

10 

11. 

While on board, observers shall: 

11.1  take all appropriate steps to ensure that the conditions of their boarding and presence 

on the vessel neither interrupt nor hamper fishing operations, 

11.2  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  authorities,  with  a  copy  to  the 
European Commission. They shall sign it in the presence of the master, who may add or 
cause  to  be  added  to  it  any  observations  considered  relevant,  followed  by  the  master’s 
signature. A copy of the report shall be handed to the master when the scientific observer is 
put ashore. 

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 
authorities. 

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  system  of  regional 
observers, vessels authorised to fish in Côte d’Ivoire’s fishing zone under the Agreement 

12. 

13. 

14. 

15. 

EN 

23 

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shall take on board, instead of regional observers, observers designated by the competent 
Côte d’Ivoire authorities in accordance with the rules set out above. 

Chapter VII – Monitoring 

1. 

2. 

In  accordance  with  point  13  of  Section  1  of  Chapter  I  of  this  Annex,  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  Côte d’Ivoire  authorities 
responsible for fisheries inspection as soon as it is drawn up and each time it is updated.  

On  receipt  of  this  draft  list  and  of  notification  of  payment  of  the  advance  (referred  to  in 
point 3 of Section 2 of Chapter I of this Annex) sent to the coastal state authorities by the 
European  Commission,  the  vessel  shall  be  entered  by  the  competent  Côte d’Ivoire 
authority  on  a  list  of  vessels  authorised  to  fish,  which  shall  be  sent  to  the  authorities 
responsible for fisheries inspection. In this case, a certified copy of this list shall be sent to 
the shipowner and kept on board instead of the fishing licence until the licence has been 
issued. 

3. 

Entering and leaving the zone: 

3.1  At  least  three  hours  in  advance  Community  vessels  shall  notify  the  competent 
Côte d’Ivoire  authorities  responsible  for  fisheries  inspection  of  their  intention  to 
enter  or  leave  Côte d’Ivoire’s  fishing  zone;  they  shall  also  declare  the  overall 
quantities and the species on board.  

3.2  When  notifying  leaving,  vessels  shall  also  communicate  their  position.  This 
information  should  preferably  be  communicated  by  fax  (225 21 35 04 09  or 
225 21 35 63 15) or e-mail ([…..]) or, for vessels not equipped with a fax or e-mail, 
by radio (call sign: […..]). 

3.3  Vessels  found  to  be  fishing  without  having  informed  the  competent  Côte d’Ivoire 

authority shall be regarded as vessels in breach of the rules. 

3.4  Vessels shall also be informed of the fax and telephone numbers and e-mail address 

when the fishing licence is issued. 

4. 

Control procedures 

4.1  Masters of Community fishing vessels engaged in fishing activities in Côte d’Ivoire 
waters  shall  allow  and  facilitate  boarding  and  the  discharge  of  their  duties  by  any 
Côte d’Ivoire official responsible for the inspection and control of fishing activities. 

4.2.  These  officials  shall  not  remain  on  board  for  longer  than  is  necessary  for  the 

discharge of their duties. 

4.3.  Once the inspection and control has been completed, a certificate shall be issued to 

the master of the vessel. 

5. 

Satellite monitoring 

5.1  All  Community  vessels  fishing  under  this  Agreement  shall  be  subject  to  satellite 
monitoring  in  line  with  Appendix  3.  These  provisions  shall  enter  into  force  on  the 
tenth  day  following  notification  by  the  Government  of  Côte d’Ivoire  to  the 

EN 

24 

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Delegation of the European Commission to Côte d’Ivoire of the entry into operation 
of the Côte d’Ivoire Fisheries Monitoring Centre (FMC). 

6. 

Boarding 

6.1  The competent Côte d’Ivoire authorities shall inform the flag State and the European 
Commission,  within  no  more  than  36  hours,  of  all  boardings  of  and  penalties 
imposed on Community vessels in Côte d’Ivoire waters. 

6.2  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. 

7. 

Statement of boarding 

7.1  After the competent Côte d’Ivoire authority has drawn up a statement, the master of 

the vessel shall sign it. 

7.2  This signature shall not prejudice the rights of the master or any defence which he or 
she  may  make  to  the  alleged  infringement.  If  the  master  refuses  to  sign  this 
document,  he  or  she  shall  specify  the  reasons  for  doing  so  in  writing  and  the 
inspector shall write “refusal to sign” on it. 

7.3  The master shall take the vessel to the port indicated by the Côte d’Ivoire authorities. 
In  the  case  of  minor  infringements,  the  competent  Côte d’Ivoire  authorities  may 
authorise the boarded vessel to continue fishing. 

8. 

Consultation meeting in the event of boarding 

8.1  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  Côte d’Ivoire  authorities, 
possibly attended by a representative of the Member State concerned.  

8.2  At the meeting, the Parties shall exchange any relevant documentation or information 
helping to clarify the circumstances of the established facts. The shipowner or his or 
her  representative  shall  be  informed  of  the  outcome  of  the  meeting  and  of  any 
measures resulting from the boarding. 

9. 

Settlement of boarding 

9.1  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. 

9.2 

9.3 

In the event of an amicable settlement, the amount of the fine shall be determined in 
accordance with Côte d’Ivoire 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  lodged  by  the  shipowner  with  a  bank  specified  by  the  competent 
Côte d’Ivoire authorities. 

EN 

25 

   EN 

 
9.4  The  bank  security  shall  be  irrevocable  until  the  legal  proceedings  have  been 
concluded.  It  shall  be  released  once  legal  proceedings  end  without  a  conviction. 
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 Côte d’Ivoire authorities. 

9.5  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 9.3 has been lodged and accepted 
by  the  competent  Côte d’Ivoire  authorities,  pending  completion  of  the  legal 
proceedings. 

10. 

Transhipment 

10.1  All Community vessels wishing to tranship catches in Côte d’Ivoire waters shall do 

so in or off Côte d’Ivoire ports. 

10.2  The owners of such vessels must notify the following information to the competent 

Côte d’Ivoire authorities at least 24 hours in advance: 

– 

– 

– 

– 

the names of the transhipping fishing vessels; 

the names, OMI numbers and flag of the cargo vessels, 

the tonnage by species to be transhipped; 

the day and place of transhipment. 

10.3  Transhipment  shall  be  considered  as  an  exit  from  Côte d’Ivoire’s  fishing  zone. 
Masters  of  vessels  must  submit  their  catch  declarations  to  the  competent 
Côte d’Ivoire  authorities  and  state  whether  they  intend  to  continue  fishing  or  leave 
Côte d’Ivoire’s fishing zone. 

10.4  Any transhipment of catches not covered above shall be prohibited in Côte d’Ivoire’s 
fishing  zone.  Any  person  infringing  this  provision  shall  be  liable  to  the  penalties 
provided for by Côte d’Ivoire law. 

11. 

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

EN 

26 

   EN 

 
APPENDICES 

1 – Licence application form 

2 – ICCAT logbook  

3 – Provisions applicable to the satellite-based vessel monitoring system (VMS) and coordinates of 
Côte d’Ivoire’s fishing zone 

EN 

27 

   EN 

 
Appendix 1 

MINISTÈRE DE LA 

PRODUCTION ANIMALE 

RÉPUBLIQUE DE  

CÔTE D’IVOIRE 

BP V 84 Abidjan 

UNION-DISCIPLINE-TRAVAIL 

(République de Côte-d’Ivoire) 

APPLICATION FOR A FISHING LICENCE 

SECTION A 

Name of shipowner: ………………………………………………………………………………………… 

Nationality of shipowner: ………………………………………………………………….…………….…… 

Business address of shipowner: ………………………………………………….…………………………….... 

……………………………………………………………………………………………………………….…… 

……………………………………………………………………………………………………………….…… 

SECTION B 

(to be completed for each vessel) 

Period of validity: ………………………………………………………………………………………………… 

Name of vessel: ………………………………………………………………………………………………… 

Year of construction: …………………………………………………………………………………………… 

Flag of origin: ……………………………………………………………….………………………………..… 

Current flag: ……………………………………………………………………………………………………… 

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

Year of purchase: ………………………………………………………………………………………………… 

Home port and registration number: …………………………………………………………………………… 

Areas of operation: ……………………………………………………………………………………….…….. 

Type of fishing: ………………………………………………………………………………………………… 

Gross tonnage (GRT): ……………………………………………………………………………………………. 

Net tonnage (NRT): …………………………………………………………………………………………….. 

Radio call sign: …………………………………………………………………………………………………… 

Length overall (metres): ……………………………………………………………………………………….…. 

Stem (metres): ……………………………………………………………………………………………….…. 

1. 

2. 

3. 

1. 

2. 

3. 

4. 

5. 

6. 

7. 

8. 

9. 

10. 

11. 

12. 

13. 

14. 

15. 

EN 

28 

   EN 

 
 
 
 
16. 

17. 

18. 

19. 

20. 

21. 

22. 

23. 

24. 

25. 

26. 

27. 

Depth (metres): …………………………………………………………..………………………………………. 

Hull construction material: …………………………………………………………………………….…..…… 

Engine power: ……………………………………………………………………………………………..…… 

Speed (knots): ……………………………………………………………………………………………….…… 

Cabins: ………………………………………………………………………………………………….……….. 

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

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

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

Colour of hull: ……………………………………………………………………………………………….….. 

Colour of superstructure: ……………………………………………………………………………………….. 

Crew numbers: ……………………………………………………………………………………………….…. 

On-board communication equipment: 

Type 

Make 

Model 

Power 
(watts) 

Year of 
construction 

Frequencies 

Reception 

Transmission 

28. 

Navigating and sounding equipment: 

Type 

Make 

Model 

29. 

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

EN 

29 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
29.1.  Gross tonnage: ……………………………………………………………………………………………………. 

29.2. 

Length overall (metres): …………………………………………………………….…………………………… 

29.3. 

Stem (metres): ……………………………………………………………………………………………….…. 

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

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

29.6. 

Engine power: ………………………………………………………………………………………………….. 

29.7. 

Speed (knots): ……………………………………………………………………………………………………. 

30. 

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

…………………………………………………………………………………………………………………….. 

Home port: ………………………………………………………………………………………………………. 

Name of captain: ……………………………………………………………………………………………..…. 

Address: ………………………………………………………………………….…………………………..…... 

Nationality of captain: ……………………………………………………………………………….…….…… 

31. 

32. 

33. 

34. 

Attach: 

– 

– 

– 

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

an illustration and detailed description of the fishing gear used, 

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

………………………… 

………………………………………………………….. 

(Date of application) 

(Signature of representative of shipowner) 

EN 

30 

   EN 

 
 
Appendix 2 

ICCAT LOGBOOK FOR TUNA FISHERY 

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

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

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

Captain: ……………………………………………………….... 

Vessel DEPARTED:

Vessel 
RETURNED: 

Month  Day

Year 

Port 

Reported by: 
……………………………………………….................................

No 

of 

fishing 

days:

Trip number: 

No of days at sea: 

No of sets made: 

Longline 

Live bait 

Purse seine 

Trawl 

Outros (Others) 

Date 

Sector 

Month  Day 

S
/
N
e
d
u
t
i
t
a
L

/

O
E
e
d
u
t
i
g
n
o
L

Surface 
water 
temp. 
(ºC) 

Fishing effort 

No of hooks 

used 

Bluefin tuna 

Thunnus 

Thynnus or 
maccoyi  

Yellowfin tuna

(Bigeye tuna)

Thunnus 

albacares 

Thunnus 

obesus 

Capturas (Catches) 

Albacore 

(Swordfish) 

(Strip marlin) 
(White marlin) 

(Black marlin)

(Sailfish) 

Skipjack 

Daily total

(Miscellaneous fish)

Thunnus 
alalunga 

Xiphias 
gladius 

Tetraptunus 
audax or albidus 

Makaira 
indica 

Istiophorus albicane 

or platypterus 

Katsuwonus 
pelamis 

Isco usado na pesca 
(Bait used) 

y
r
u
a
S

d
i
u
q
S

t
i
a
b

e
v
i
L

(Other) 

  No  Weigh

t 
kg 

No 

kg 

No 

kg 

No 

kg 

No 

kg 

No 

kg 

No 

kg 

No 

kg 

No 

kg 

No 

kg 

(weight in kg 

only) 

No 

kg 

EN 

31 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
   
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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 

32 

EN 

 
  
 
 
 
 
 
 
 
   
 
 
 
NAME OF VESSEL 

TUNA SEINERS, POLE-AND-LINE TUNA VESSELS 

MASTER 

PORT OF DEPARTURE ................................................................................................................
DATE ......................................................... TIME ................................................................. 
LOG ......................................................................................................................................... 

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

Sheet No 

  Position 

at time of 

No 

of 

Yellowfin tuna 

Skipjack tuna 

Bigeye tuna 

Other species 

Tank  

Estimated catches 

Date 

haul, 
otherwise  

haul 

Size 

Tonnage  

Size  

Tonnage  Size   Tonnage 

Size  

Tonnage 

No 

  at midday 

kg 

t 

kg 

t 

kg 

t 

kg 

t 

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

miscellaneous problems – time spent on a 
haul 

Wreckage 

Surface 

Physical conditions 
Visibility 
(in miles) 
sky 

Current 

direction, 
speed 

Situation, 
sea, 

wind 

Heli- 

copter 

TOTALS 

EN 

33 

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Appendix 3 

The  two  Parties  shall  consult  each  other  at  a  later  stage  within  the  Joint  Committee  to  lay 
down the provisions applicable to the satellite-based vessel monitoring system (VMS) and the 
coordinates of Côte d’Ivoire’s fishing zone. 

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 Côte d’Ivoire 

2. 

ABM  /  ABB  FRAMEWORK  (ACTIVITY-BASED  MANAGEMENT/ESTABLISHMENT 
OF THE BUDGET) 

11. Fisheries 

1103. International fisheries agreements 

3. 

BUDGET LINES 

3.1 

Budget lines: 

110301: International fisheries agreements 

11010404:  International  fisheries  agreements  –  Expenditure  on  administrative 
management 

3.2 

Duration of the action and of the financial impact: 

The  Protocol  to  the  Fisheries  Agreement  between  the  European  Community  and 
Côte d’Ivoire is due to expire on 30 June 2007. The new Protocol will be valid for 
six years commencing on 1 July 2007. 

The  Protocol  lays  down  the  financial  contribution,  the  fishing  categories  and  the 
conditions for fishing by Community vessels in Côte d’Ivoire’s fishing zones. 

3.3 

Budgetary characteristics (add rows if necessary): 

Budget line  Type of expenditure  New 

EFTA 
contribution 

Contributions 
from 
applicant 
countries 

in 

Heading 
financial 
perspective 

11.0301 

Comp. 

Diff.4 

11.010404 

Comp. 

Non-diff.5 

NO 

NO 

NO 

NO 

NO 

NO 

No 2 

No 2 

4 
5 

Differentiated appropriations. 
Non-differentiated appropriations. 

EN 

35 

   EN 

 
 
 
 
                                                 
4. 

SUMMARY OF RESOURCES 

4.1 

Financial resources 

4.1.1 

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

2008 

2009 

2010 

2011 

2012 

2013 

(EUR) 

Total 

595 000 

595 000 

595 000 

595 000 

595 000 

595 000 

3 570 000 

595 000 

595 000 

595 000 

595 000 

595 000 

595 000 

3 570 000 

Type of 
expenditure 

Section 
No 

Operational expenditure6 

Commitment 
appropriations (CA) 

8.1 

Payment 
appropriations (PA) 

7 

a 

b 

See 
footnote 
7 

Other administrative expenditure included in reference amount8 

Technical 
administrative 
assistance (non-diff.) 

& 

8.2.4 

c 

TOTAL REFERENCE AMOUNT 

Commitment 
appropriations 

Payment 
appropriations 

a 
+

c 

b

+

c 

See 
footnote 
7 

See 
footnote 
7 

0 

0 

0 

0 

0 

40 000 

40 000 

595 000 

595 000 

595 000 

595 000 

595 000 

635 000 

3 610 000 

595 000 

595 000 

595 000 

595 000 

595 000 

635 000 

3 610 000 

Other administrative expenditure not included in reference amount9 

Human  resources  and 
associated  expenditure 

8.2.5 

d 

46 800 

46 800 

46 800 

46 800 

46 800 

46 800 

280 800 

6 
7 

8 
9 

Expenditure that does not fall within Chapter 11 01 of the Title 11 concerned. 
According  to  the  Protocol,  the  fishing  opportunities  may  be  increased  by  mutual  agreement  provided 
that  the  conclusions  of  the  scientific  meeting  confirm  that  such  an  increase  will  not  endanger  the 
sustainable  management  of  Côte  d’Ivoire’s  resources.  In  this  case  the  financial  contribution  is  to  be 
increased  proportionately  and  pro  rata  temporis.  However,  the  total  annual  amount  paid  by  the 
Community  may  not  be  more  than  twice  the  amount  indicated  in  Article  2(3)  of  the  Protocol 
(EUR 1 190  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 (subject to budget availability). 
Expenditure within Chapter 11 01 04 of Title 11. 
Expenditure within Chapter 11 01 other than Article 11 01 04. 

EN 

36 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
25 000 

25 000 

25 000 

25 000 

25 000 

25 000 

150 000 

666 800 

666 800 

666 800 

666 800 

666 800 

706 800 

4 040 800 

666 800 

666 800 

666 800 

666 800 

666 800 

706 800 

4 040 800 

e 

8.2.6 

(non-diff.) 

than 

costs 
Administrative 
human 
other 
resources 
and 
associated  expenditure, 
not 
in 
included 
reference amount  

Total indicative cost of action 

Total CA 

including 
cost 
human resources 

of 

Total PA 

including 
cost 
human resources 

of 

See 
footnote 
7 

See 
footnote 
7 

a 
+

c 
+

d

+

e 

b

+

c 
+

d

+

e 

Part-financing details: no part-financing 

Part-financing 
body 

f 

TOTAL 
including 
financing 

CA 
part-

a + c + 
d + e + 
f 

2008 

2009 

2010 

2011 

2012 

2013 

(EUR) 

Total 

666 800 

666 800 

666 800 

666 800 

666 800 

706 800 

4 040 800 

4.1.2  Compatibility with financial programming 

X 

Proposal is compatible with existing financial programming. 

(cid:133) 

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

EN 

37 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
(cid:133) 

Proposal  may  require  application  of  the  provisions  of  the  Interinstitutional 
Agreement10 (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) 

Proposal has 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. 

Budget 
line 

Revenue 

to 

Prior 
action 
[Year  n-
1] 

[Year 
n] 

EUR million (to one decimal place) 

Situation following action 

[n + 1] 

[n + 2] 

[n + 3] 

[n + 4] 

a)  Revenue 
absolute terms 

in 

b)  Change 
revenue 

in 

 ∆ 

(Please specify each 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 

2008 

2009 

2010 

2011 

2012 

2013 

Total number of human 
resources 

0.40 

0.40 

0.40 

0.40 

0.40 

0.40 

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  Côte d’Ivoire  is  due  to  expire  on  30  June  2007.  The  new  Protocol  covers  the 
period from 1 July 2007 to 30 June 2013. 

The  main  objective  of  the  new  Fisheries  Partnership  Agreement  (FPA)  is  to 
strengthen cooperation between the European Community and Côte d’Ivoire, thereby 
creating  a  partnership  framework  within  which  to  develop  a  sustainable  fisheries 

10 

See points 19 and 24 of the Interinstitutional Agreement. 

EN 

38 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
policy and sound exploitation of fisheries resources in Côte d’Ivoire’s fishing zone. 
The main elements of the new Protocol are: 

- 

- 

- 

- 

Fishing  opportunities:  25  tuna  seiners,  15  surface  longliners  allocated  as 
follows  (based  on  the  allocation  method  used  in  the  previous  Protocol,  the 
applications  by  the  Member  States  and  the  historical  rates  of  utilisation  by 
Member State and by category), i.e.: 

• 

• 

tuna seiners: France: 10, Spain: 15 

surface longliners: Spain: 10, Portugal: 5; 

Annual reference tonnage: 7 000 tonnes of tuna; 

Annual financial contribution: EUR 595 000; 

Advances and fees payable by shipowners11: EUR 35 for seiners and longliners 
per tonne of tuna caught in Côte d’Ivoire’s fishing zone. The annual advances 
are fixed at EUR 3 850 per tuna seiner and longliner, and EUR 1 400 per pole-
and-line tuna vessel. 

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, Côte d’Ivoire 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. 

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 
fisheries  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; 

11 

Advances and fees payable by the shipowners do not have an impact on the Community budget. 

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• 

• 

contribution  to  the  general  objectives  of  reducing  poverty  in  Côte d’Ivoire, 
including  the  contribution  to  employment,  development  of  infrastructure  and 
support for the state budget; 
number of technical meetings and meetings of the Joint Committee. 

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  Delegation  of  the  European 
Commission  to  Côte d’Ivoire  in  Abidjan)  will  ensure  regular  monitoring  of 
implementation of this Agreement, particularly in terms of its use by operators and 
catch data. 

6.2 

Assessment 

A  thorough  evaluation  was  carried  out  on  the  2004-07  Protocol,  ending  in  October 
2006, with the assistance of a consortium of independent consultants, with a view to 
the launch of negotiations on a new Protocol.  

6.2.1 

Ex-ante evaluation 

The evaluation identified the following points of interest for the Community: 

- 

- 

by  meeting  the  needs  of  the  European  fleets,  the  Fisheries  Agreement  with 
Côte d’Ivoire  helps  support  the  viability  of  the  Community’s  tuna  industries 
which are dependent on purse seine fishing in the Atlantic Ocean; 

the Protocol is believed to contribute to the viability of European industries by 
offering Community vessels and the industries which depend on them a stable 
legal environment and medium-term visibility.  

As  regards  Côte d’Ivoire’s  interests  under  the  Agreement,  the  main  conclusions  of 
the evaluation were: 

– 

– 

- 
the Fisheries Agreement helps strengthen the viability of enterprises in 
the Abidjan tuna sector by giving them a degree of legal security and medium-
term prospects; 

the Fisheries Agreement also impacts on the viability of Côte d’Ivoire 

- 
fisheries at the level of associated sectors in Abidjan. 

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; 

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- 

- 

- 

multiplier  effect  on  employment:  in  ports,  auction  markets,  processing 
factories, shipyards, service enterprises etc.; 

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

contribution to the supply of fish to the Community. 

- Added value of Community involvement:  

The  existence  of  a  Community  Agreement,  which  imposes  a  binding  regulatory 
framework on both Parties, guarantees the sound management of fish stocks, which 
is not always the case with private agreements. The Fisheries Agreement also creates 
jobs for seamen from the European Community and the third country. Moreover, the 
Fisheries  Agreement  guarantees  a  substantial  share  of  resources  to  the  sectoral 
fisheries policy in Côte d’Ivoire. 

- 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  enhance  checks  on  revenue  and 
expenditure,  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 595 000 for the 2007-13 Protocol. 

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

similar experiences in the past) 

The evaluation report recommends that the reference tonnage be reduced slightly to 
7 000 tonnes.  It  also  recommends  negotiating  access  for  around  25  vessels  (instead 
of 34) thereby taking account (i) of the actual decrease in the seiner fleet since 2002, 
and  (ii)  of  the  probabilities  that  some  seiners  will  return  to  the  Atlantic  Ocean.  As 
regards  longliners,  it  recommends  maintaining  fishing  opportunities  at  around 
current levels so that the vessels concerned can find fishing zones if needed.  

The  new  Agreement  contains  overall  financial  support  for  implementing  initiatives 
taken in the context of the sectoral fisheries policy drawn up by the Government of 
Côte d’Ivoire. The Community and the Government of Côte d’Ivoire must agree on a 
multiannual sectoral programme relating to this financial support (100% of the total 
financial contribution). This programming  will be carried out by means  of a strong 
and permanent dialogue between the Parties. 

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6.2.4 

Terms and frequency of future evaluation 

Following  on  from  the  study  finalised  in  October  2006  (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 
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 

2008 

2009 

2010 

2011 

2012 

2013 

TOTAL 

Total  cost 
for 
the 
Community 

Number 
of 
outputs 

Total  cost 
for 
the 
Community 

Number 
of 
outputs 

Total  cost 
for 
the 
Community 

Number 
of 
outputs 

Total  cost 
for 
the 
Community 

Number 
of 
outputs 

Total  cost 
for 
the 
Community 

Number 
of 
outputs 

Total  cost 
for 
the 
Community 

Number 
of 
outputs 

Total cost 

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

Type of output 

OPERATIONAL  OBJECTIVE 
No 112:  To  obtain 
fishing 
opportunities in exchange for a 
financial contribution 

Numb
er  of 
output
s 

Action 1 

- Output 1 

Vessels/licences 

40 

455 000 

40 

455 000 

40 

455 000 

40 

455 000 

40 

455 000 

40 

455 000 

240  

2 730 000 

Quota 

7 000 t 

7 000 t 

7 000 t 

7 000 t 

7 000 t 

7 000 t 

42 000 t

support 

OPERATIONAL  OBJECTIVE 
No 2:  specific  amount  per  year 
and 
the 
for 
initiatives 
implementation  of 
context  of 
taken 
in 
Côte d’Ivoire’s 
sectoral 
fisheries policy 

the 

Action 2 

12 

As described in point 5.3. 

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- Output 2 

TOTAL 
COST13 

140 000 

595 000 

140 000 

595 000 

140 000 

595 000 

140 000 

595 000 

140 000 

595 000 

140 000 

595 000 

840 000 

3 570 000 

13 

EN 

According to the Protocol, the fishing opportunities may be increased by mutual agreement provided that the conclusions of the scientific advice confirm that such an 
increase will not endanger the sustainable management of Côte d’Ivoire’s resources. In this case the financial contribution is to be increased proportionately and pro 
rata  temporis.  However,  the  total  annual  amount  paid  by  the  Community  may  not  be  more  than  twice  the  amount  indicated  in  Article  2(3)  of  the  Protocol 
(EUR 1 190 000). 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 (subject to budget availability). 

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8.2 

Administrative expenditure 

Needs  in  human  and  administrative  resources  will  be  met  inside  the  appropriation 
allocated  to  the  managing  DG  within  the  framework  of  the  annual  allocation 
procedure. 

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) 

2008 

A*/AD 

0.25 

2009 

0.25 

2010 

2011 

0.25 

0.25 

2012 

0.25 

2013 

0.25 

B*, 
C*/AS
T 

0.15 

0.15 

0.15 

0.15 

0.15 

0.15 

Officials 
and 
temporary 
staff14 
(11 01 01) 

financed15  by 

Staff 
Art. 11 01 02 

Other  staff  financed16 
by Art. 11 01 04 04 

TOTAL 

0.40 

0.40 

0.40 

0.40 

0.40 

0.40 

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 
Working Party on External Fisheries; 

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

- 

Controlling the implementation of agreements: 

- 

daily monitoring of fisheries agreements; 

14 
15 
16 

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 in the reference amount. 

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- 

- 

- 

- 

- 

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

regular reporting on the implementation of agreements; 

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) 

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

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

Posts to be requested in the next SPA/PDB procedure 

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

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(cid:133) 

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

8.2.4  Other administrative expenditure included in reference amount 

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

(EUR)  

Budget line: 11010404 

(number and heading) 

2008 

2009 

2010 

2011 

2012 

2013 

TOTAL 

Technical 

1. 
administrative 
(including 
costs) 

related 

and 
assistance 
staff 

Executive agencies17 

Other 
administrative assistance: 

technical 

and 

- intra muros 

- extra muros (1)° 

Total 
administrative assistance 

technical 

and 

40000 

40000 

40 000 

40 000 

(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 

Type of human resources 

2008 

2009 

2010 

2011 

2012 

2013 

TOTAL 

46 800 

46 800 

46 800 

46 800 

46 800 

46 800 

280 800 

Officials  and  temporary  staff 
(11 01 01) 

Staff  financed  by  Art.  XX  01 
02  (auxiliary,  END,  contract 
staff, etc.) 

(specify budget line) 

of 

cost 

Total 
human 
resources  and  associated 
costs  (NOT  included  in  the 
reference amount) 

46 800 

46 800 

46 800 

46 800 

46 800 

46 800 

280 800 

17 

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 117 000*0.25 = EUR 29 250 

1B = EUR 117 000*0.075 = EUR 8 775 

1C = EUR 117 000*0.075 = EUR 8 775 

Subtotal: EUR 46 800 (EUR 0.0468 million per year) 

Total: EUR 46 800 per year (EUR 0.0468 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 

2008 

2009 

2010 

2011 

2012 

2013 

TOTAL 

11 01 02 11 01 – Missions 

15 000 

15 000 

15 000 

15 000 

15 000 

15 000 

90 000 

11 01 02 11 02 – Meetings and 
conferences 

02 
01 
XX 
Committees18 

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) 

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

resources 
costs 
in 

10 000 

10 000 

10 000 

10 000 

10 000 

10 000 

60 000 

25 000 

25 000 

25 000 

25 000 

25 000 

25 000 

150 000 

18 

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

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