Proposal for a COUNCIL DECISION on the signature, on behalf of the European Union, and the provisional application of the Protocol agreed between the European Union and the Republic of Côte d'Ivoire setting out fishing opportunities and the financial contribution provided for in the Fisheries Partnership Agreement between the two parties currently in force
Date: 2013-04-09
Institutions: European Commission
Subjects: Côte d'Ivoire, financial compensation of an agreement, fishing agreement, protocol to an agreement, revision of an agreement, signature of an agreement

EUROPEAN 
COMMISSION 

Brussels, 9.4.2013  
COM(2013) 190 final 

2013/0100 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the signature, on behalf of the European Union, and the provisional application of the 
Protocol agreed between the European Union and the Republic of Côte d'Ivoire setting 
out fishing opportunities and the financial contribution provided for in the Fisheries 
Partnership Agreement between the two parties currently in force 

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EXPLANATORY MEMORANDUM 

CONTEXT OF THE PROPOSAL 

1. 
On  the  basis  of  powers  conferred  on  it  by  the  Council1,  the  European  Commission  has 
conducted  negotiations  with  the  Republic  of  Côte  d’Ivoire  with  a  view  to  renewing  the 
Protocol  to  the  Fisheries  Partnership  Agreement  between  the  European  Community  and  the 
Republic of Côte d’Ivoire. At the end of those negotiations, a new draft Protocol was initialled 
by  the  negotiators  on  9  January  2013.  The  new  Protocol  covers a  period of  five  years  from 
1 July 2013, the date of provisional application laid down in Article 13. 

The  main  aim  of  the  Protocol  to  the  Agreement  is  to  provide  fishing  opportunities  for  EU 
vessels  in  the  waters  of  the  Republic  of  Côte  d’Ivoire  within  the  limits  of  the  available 
surplus. The Commission's negotiating position was based in part on the results of an ex-post 
evaluation carried out by external experts. 

The general aim is to enhance the cooperation between the European Union and the Republic 
of  Côte  d’Ivoire,  thereby  creating  a  partnership  framework  within  which  to  develop  a 
sustainable fisheries policy and sound exploitation of fishery resources in the Ivorian fishing 
zone, in the interests of both Parties.  

More particularly, the Protocol provides for fishing opportunities in the following categories: 

–  28 freezer tuna seiners:  

–  10 surface longliners  

The  Commission  proposes,  on  this  basis,  that  the  Council  authorise  the  signing  and  the 
provisional application of the new Protocol. 

2. 

RESULTS OF CONSULTATIONS WITH THE INTERESTED PARTIES AND 
IMPACT ASSESSMENTS 

The  interested  parties  were  consulted  during  the  evaluation  of  the  Protocol  for  the  period 
2007-13. Experts from the Member States were also  consulted in technical meetings. These 
consultations  concluded  that  it  would  be  beneficial  to  maintain  a  fishing  protocol  with  the 
Republic of Côte d’Ivoire. 

3. 

LEGAL ELEMENTS OF THE PROPOSAL 

This  procedure  is  being  initiated  in  parallel  with  the  procedures  relating  to  the  Council 
Decision  adopting  the  provisional  application  of  the  Protocol  itself,  as  well  as  with  the 
Council  Regulation  concerning  the  allocation  of  the  fishing  opportunities  between  the 
Member States of the EU.  

4. 

BUDGETARY IMPLICATIONS  

The annual financial contribution of EUR 680 000 is based on: (a) a reference tonnage of 6 
500  tonnes,  for  an  amount  of  EUR  422  500  linked  to  access  and  (b)  support  for  the 
development  of  the  sectoral  fisheries  policy  of  the  Republic  of  Côte  d’Ivoire  amounting  to 
EUR  257  500.  This  support  meets  the  objectives  of  the  national  fisheries  policy  and  in 
particular the needs of the Republic of Côte d’Ivoire in the fight against illegal fishing. 

1 

Adopted by the Agriculture and Fisheries Council on 24 September 2012.  

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2013/0100 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the signature, on behalf of the European Union, and the provisional application of the 
Protocol agreed between the European Union and the Republic of Côte d'Ivoire setting 
out fishing opportunities and the financial contribution provided for in the Fisheries 
Partnership Agreement between the two parties currently in force 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 43 in conjunction with Article 218(5) thereof, 

Having regard to the proposal from the European Commission, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

(6) 

On  12 February  2008  the  Council  adopted  Decision  2008/151/EC  concerning  the 
conclusion of the Agreement in the form of an Exchange of Letters on the provisional 
application  of  the  Protocol  setting  out  the  fishing  opportunities  and  financial 
contribution  provided  for  in  the  Fisheries  Partnership  Agreement  between  the 
European Community and the Republic of Côte d’Ivoire on fishing in Ivorian fishing 
zones for the period from 1 July 2007 to 30 June 20132.  

The  European  Community  and  the  Government  of  the  Republic  of  Côte  d’Ivoire 
notified each other on 18 April 2008 of the completion of the procedures necessary for 
the entry into force of the Partnership Agreement between the European Union and the 
Republic of Côte d’Ivoire3.  

The Protocol to that Partnership Agreement which is currently in force expires on 30 
June 2013. 

The Council authorised the Commission to negotiate a new Protocol granting vessels 
of the European Union fishing opportunities in waters in which the Republic of Côte 
d'Ivoire exercises its jurisdiction as regards fishing. At the end of those negotiations, a 
new Protocol was initialled on 9 January 2013. 

To  ensure  EU  vessels  can  continue  their  fishing  activities,  Article 13  of  the  new 
Protocol provides for it its application by the parties on a provisional basis as from 1 
July 2013. 

The  new  Protocol  should  be  signed  and  applied  on  a  provisional  basis,  pending  the 
completion of the procedures for its conclusion, 

2 
3 

OJ L 48, 22.2.2008. 
OJ L 118, 6.5.2008. 

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HAS ADOPTED THIS DECISION:  

Article 1 

The signature of the Protocol agreed between the European Union and the Republic of Côte 
d'Ivoire  setting  out  fishing  opportunities  and  the  financial  contribution  provided  for  in  the 
Fisheries  Partnership  Agreement  in  force  between  the  two  parties  is  hereby  authorised  on 
behalf of the European Union, subject to its conclusion. 

The text of the Protocol is attached to this Decision. 

The General Secretariat of the Council shall establish the instruments of full powers to sign 
the Agreement, subject to its conclusion, for the person(s) indicated by the negotiator of the 
Agreement.  

Article 2 

The  Protocol  shall  be  applied  provisionally,  in  accordance  with  Article  13  thereof,  from  1 
January 2013, pending the completion of the procedures for its conclusion. 

Article 3 

Article 4 

This  Decision  shall  enter  into  force  on  the  day  of  its  adoption  It  shall  be  published  in  the 
Official Journal of the European Union. 

Done at Brussels,  

For the Council 
The President 

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ANNEX  

PROTOCOL 

setting out the fishing opportunities and financial contribution provided for in the 
Agreement between the European Union and the Republic of Côte d'Ivoire (2013-18)  

Article 1 

Period of application and fishing opportunities 

1. From 1 July 2013, and for a period of five (5) years, 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: 28 vessels. 

— surface longliners: 10 vessels. 

2. Paragraph 1 shall apply subject to Articles 5 and 6 of this Protocol. 

3. Vessels flying the flag of a Member State of the European Union (hereinafter 'EU vessels') 
may engage in fishing activities in the Ivorian fishing zone only if they are in possession of a 
valid fishing licence issued by Côte d'Ivoire under this Protocol. 

Article 2 

Financial contribution — methods of payment 

1. For the period referred to in Article 1, the financial contribution referred to in Article 7 of 
the Fisheries Partnership Agreement shall be EUR 680 000. 

2. The financial contribution comprises: 

(a) an annual amount of EUR 422 500 for access to the Ivorian fishing zone equivalent to a 
reference tonnage of de 6 500 tonnes per year; and  

(b)  a  specific  amount  of  EUR  257  500  per  year  for  the  support  and  implementation  of  the 
Ivorian sectoral fisheries policy.  

3. Paragraph 1 shall apply subject to Articles 3, 5, 6 and 9 of this Protocol and Articles 12 and 
13 of the Fisheries Partnership Agreement. 

4.  If  the  overall  quantity  of  catches  by  EU  vessels  in  the  Ivorian  fishing  zone  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  Union 
shall  not  be  more  than  twice  the  amount  indicated  in  paragraph  2(a)  (EUR  422  500).  If  the 
quantities caught by EU 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. 

5. Payment of the financial contribution laid down in paragraph 1 shall be made no later than 
90 days after the date of provisional application of the Protocol in the first year and no later 
than the renewal date of the Protocol in the following years. 

6.  The  Ivorian  authorities  shall  have  full  discretion  regarding  the  use  to  which  the  financial 
contribution referred to in paragraph 2(a) is put. 

7. The financial contribution shall be paid into a single Ivorian Public Treasury account, the 
references of which shall be notified each year by the Ivorian authorities. 

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Article 3 

Promotion of responsible fishing in Ivorian waters 

1. The European Union and Côte d’Ivoire, shall agree, within the Joint Committee provided 
for in Article 9 of the Agreement, by 1 October 2013 at the latest, on a multiannual sectoral 
programme and detailed implementing rules, in particular: 

a) annual and multiannual guidelines for using the financial contribution referred to in Article 
2(b); 

b)  objectives,  both  annual  and  multiannual,  to  be  achieved  with  a  view  to  promoting  long-
term  responsible  and  sustainable  fishing,  taking  account  of  the  priorities  expressed  by  the 
Republic  of  Côte d’Ivoire  in  its  national  fisheries  policy,  notably  with  regard  to  the 
monitoring, control and combating of illegal, unreported and unregulated (IUU) fishing. 

c) criteria and procedures for evaluating the results obtained each year.  

3.  Any  proposed  amendments  to  the  multiannual  sectoral  programme  or  to  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. 

4. Each year, the two Parties shall carry out, within the Joint Committee, an evaluation of the 
progress  made  in  implementing  the  multiannual  sectoral  Programme.  If  necessary,  the  two 
Parties  shall  continue  this  monitoring  after  this  Protocol  expires,  until  the  specific  financial 
contribution provided for in Article 2(2)(b) has been used up. 

Article 4 

Scientific and technical cooperation to ensure responsible fishing 

1. The Parties hereby undertake to promote responsible fishing in Ivorian waters on the basis 
of the principles of non-discrimination between the different fleets fishing in those waters. 

2. During the period covered by this Protocol, the European Union and the Ivorian authorities 
shall cooperate to monitor the evolution of resources in the Ivorian fishing zone. 

3.  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)  and  any  other  subregional  or  international  organisation  concerned.  The  Parties 
undertake to comply with all ICCAT recommendations. 

4.  In  accordance  with  Article  4  of  the  Agreement  and  on  the  basis  of  the  recommendations 
and resolutions adopted within 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 3 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 EU vessels. 

5.  The  parties  shall  work  together  to  strengthen  the  control  and  inspection  mechanisms  for 
fisheries in the Republic of Côte d’Ivoire. 

Article 5 

Review of fishing opportunities by mutual agreement 

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1.  The  fishing  opportunities  referred  to  in  Article  1  may  be  increased  by  mutual  agreement 
provided that the consultations referred to in Article 4(4) confirm that such an increase will 
not endanger the sustainable management of the resources of the Republic of Côte d’Ivoire. In 
this  case  the  financial  contribution  referred  to  in  Article  2(1)  shall  be  increased 
proportionately and pro rata temporis. 

2. 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. 

3. 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 4(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. 

Article 6 

New fishing opportunities and experimental fisheries 

1. Should EU vessels be interested in fishing activities which are not indicated in Article 1, 
the European Union shall consult the Republic of Côte d’Ivoire in order to seek authorisation 
for these new activities. In the course of these consultations, the parties shall take account of 
the  relevant  scientific  opinions,  in  particular  opinions  issued  by  regional  fisheries 
organisations  such  as  the  Fishery  Committee  for  the  Eastern  Central  Atlantic  (CECAF). 
Where appropriate, the Parties shall agree on the conditions applicable to these new fishing 
opportunities  and  on  the  implementation  of  multiannual  management  plans.  They  shall,  if 
necessary, make amendments to this Protocol and to the Annex hereto. 

2. Following the consultations laid down in Article 4(4), the Parties may authorise exploratory 
fishing surveys in the Ivorian fishing zone to test the technical feasibility and the economic 
viability of new fisheries.  

2.1  To  this  end,  the  European  Union  shall  communicate  to  the  Ivorian  authorities  the 
applications for exploratory fishing licences on the basis of a technical file indicating: 

— the technical characteristics of the vessel; 

— the vessel's officers' level of expertise in the relevant fishery; 

— the proposal for the technical parameters of the trip (length, gear, exploration regions, etc.). 

2.2 The exploratory fishing trips shall have a maximum duration of six months. They shall be 
subject to the payment of a fee set by the Ivorian authorities. 

2.3 A scientific observer from the flag State and an observer chosen by the Ivorian authorities 
shall be present on board throughout the duration of the trip. 

2.4 The catches consistent with and obtained during the exploratory trip remain the property 
of the vessel owner.  

2.5 The detailed results of the trip shall be sent to the Joint Committee and the Joint Scientific 
Committee for analysis.  

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Article 7 

Applicable provisions of national law 

1.  The  activities  of  EU  fishing vessels operating in Ivorian waters shall be governed  by the 
applicable law in the Republic of Côte d’Ivoire, unless otherwise provided in the Agreement 
and this Protocol. 

2. The Ivorian authorities shall immediately inform the European Union of any change or any 
new legislation relating to the fishing sector. 

3.  The  European  Union  shall  inform  the  Ivorian  authorities  of  any  change  or  any  new 
legislation relating to the fishing activities of the European Union distant-water fleet. 

Article 8 

Suspension of the implementation of the Protocol 

1. The implementation of this Protocol may be suspended at the initiative of one of the two 
Parties  after  consultation  within  the  Joint  Committee,  if  one  or  more  of  the  following 
conditions apply:  

unusual  circumstances,  as  defined  in  Article  2(h)  of  the  Fisheries  Partnership 

(a) 
Agreement, preventing fishing activities in the Ivorian fishing zone; 

significant  changes  in  the  formulation  or  implementation  of  the  fisheries  policy  of 

(b) 
either one of the Parties affecting the relevant provisions of this Protocol; 

(c) 
activation  of  the  consultation  mechanisms  laid  down  in  Article  96  of  the  Cotonou 
Agreement  owing  to  one  of  the  essential  and  fundamental  elements  of  human  rights  and 
democratic principles as provided for in Article 9 of the Cotonou Agreement;  

non-payment  of  the  financial  contribution  provided  for  in  Article 2(2)(a)  by  the 

(d) 
European Union, for reasons other than those provided for in Article 9 of this Protocol; 

a  serious  and  unresolved  dispute  between  the  two  parties  on  the  application  or  the 

(e) 
interpretation of this Protocol;  

2.  Where  the  application  of  the  Protocol  is  suspended  for  reasons  other  than  those  given  in 
paragraph 1(c) above, it shall require the Party concerned to notify its intention in writing at 
least three months before the date on which suspension is due to take effect. Suspension of the 
Protocol for the reasons given in paragraph 1(c) shall apply immediately after the suspension 
decision has been taken. 

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

Article 9 

Suspension and review of the payment of the financial contribution 

1.  The  financial  contribution  as  referred  to  in  Article  2(2)(a)  and  (b)  may  be  revised  or 
suspended  after  consultation  within  the  Joint  Committee  if  one  or  more  of  the  following 
conditions are met: 

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unusual  circumstances,  as  defined  in  Article  2(h)  of  the  Fisheries  Partnership 

(a) 
Agreement, preventing fishing activities in the Ivorian fishing zone; 

significant  changes  in  the  formulation  or  implementation  of  the  fisheries  policy  of 

(b) 
either one of the Parties affecting the relevant provisions of this Protocol;  

(c) 
activation  of  the  consultation  mechanisms  laid  down  in  Article  96  of  the  Cotonou 
Agreement owing to a violation of one of the essential and fundamental elements of human 
rights and democratic principles as provided for in Article 9 of the Cotonou Agreement; 

2. The European Union may revise or suspend, partially or totally, the payment of the specific 
financial contribution provided for in Article 2(2)(b) of this Protocol in the event of failure to 
implement  this  financial  contribution  or  if  the  results  obtained  are  inconsistent  with  the 
programming, following an evaluation carried out by the Joint Committee. 

3. Payment of the financial contribution shall resume after consultation and agreement of the 
two  Parties  as  soon  as  the  situation  prior  to  the  events  referred  to  in  paragraph  1  has  been 
reestablished,  or  if  the  results  of  the  financial  implementation  referred  to  in  paragraph  2  so 
warrant. Nevertheless, the specific financial contribution provided for in Article 2(2)(b) may 
not be paid out beyond a period of six months after the Protocol expires. 

4. The fishing authorisations granted to EU vessels may be suspended at the same time as the 
suspension of the payment of the financial contribution under Article 2(2)(a). If resumed, the 
validity  of  these  fishing  authorisations  shall  be  extended  for  a  period  equal  to  the  period  of 
suspension of fishing activities. 

5. Save as provided for in paragraph 1 of this article, if the European Union omits to make the 
payment  laid  down  in  Article  2(2)(a),  the  Ivorian  authorities  shall  officially  inform  the 
European  Union  of  the  non-payment.  The  latter  shall  perform  the  appropriate  checks  and, 
where necessary, transmit the payment within no more than 60 working days of the date of 
receipt of the official request; 

If  no  payment  has  been  made  by  this  deadline,  without  proper  justification,  the  Ivorian 
authorities  shall  be  entitled  to  suspend  application  of  the  Protocol  in  accordance  with  the 
provisions  set  out  in  Article  8.  Application  of  the  Protocol  shall  resume  as  soon  as  the 
payment concerned has been made. 

Article 10 

Electronic communication 

1.  The  Republic  of  Côte  d’Ivoire  and  the  European  Union  undertake  to  install  as  soon  as 
possible the computer systems required for the electronic exchange of all the information and 
documents related to the implementation of the Agreement. 

2.  The  electronic  form  of  a  document  will  be  considered  equivalent  to  the  paper  version  in 
every respect. 

3. The Republic of Côte d'Ivoire and the EU shall inform each other of any malfunction of a 
computer  system  as  soon  as  possible.  The  information  and  documents  related  to  the 
implementation of the Agreement shall then be automatically replaced by their paper version 
as specified in the Annex. 

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Article 11 

Confidentiality of data 

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The  Republic  of  Côte  d’Ivoire  and  the  European  Union  shall  undertake  that  all  nominative 
data relating to EU vessels and their fishing activities obtained within the framework of the 
Agreement  will,  at  all  times,  be  processed  strictly  in  accordance  with  the  principles  of 
confidentiality and data protection.  

Article 12 

Termination 

1. In the event of termination of the Protocol, the Party concerned shall notify the other Party 
in writing of its intention to terminate the Protocol at least six (6) months before the date on 
which such termination would take effect. 

2.  Dispatch  of  the  notification,  as  referred  to  in  the  previous  paragraph,  shall  open 
consultations between the Parties. 

Article 13 

Provisional application 

This Protocol shall apply provisionally as from 1 July 2013. 

Article 14 

Entry into force 

1. This Protocol shall enter into force on the date on which the parties notify each other of the 
completion of the procedures necessary for this purpose. 

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CONDITIONS GOVERNING FISHING ACTIVITIES BY EUROPEAN UNION 
VESSELS IN THE IVORIAN FISHING ZONE 

ANNEX 

CHAPTER I  

General provisions 

1. Designation of competent authority 

For  the  purposes  of  this  Annex  and  unless  otherwise  specified  hereinafter,  any  reference  to 
the European Union (EU) or to the Republic of Côte d’Ivoire as a competent authority shall 
mean: 

–  for  the  EU:  the  European  Commission,  where  applicable  via  the  EU  delegation  in  Côte 

d'Ivoire; 

–  for the Republic of Côte d'Ivoire: the Minister for Fisheries. 

2. Fishing zone 

EU vessels may carry out fishing activities in waters beyond 12 nautical miles from the base 
lines subject to the provisions of point 3 below.  

3. Zones closed to shipping and to fishing 

When  issuing  the  fishing  licence,  the  Ministry  responsible  for  fisheries  in  the  Republic  of 
Côte d’Ivoire shall inform vessel owners of the boundaries of the area in which shipping and 
fishing  is  prohibited  when  issuing  the  fishing  licence.  The  EU  delegation  shall  also  be 
informed. 

4. Bank account 

The Republic of Côte d’Ivoire shall notify the EU before the entry into force of the Protocol 
of the details of the bank account into which the financial sums payable by EU vessels under 
the Agreement should be paid. The associated bank transfer costs shall be borne by the vessel 
owners. 

CHAPTER II 

Application and issue formalities for fishing authorisations 

For  the  purposes  of  applying  the  provisions  of  this  Annex,  the  term  'licence'  shall  be 
equivalent to the term 'fishing authorisation', as laid down in European legislation.  

1. Conditions for obtaining a fishing licence – eligible vessels 

Only eligible vessels may obtain a licence to fish in the Ivorian fishing zone. To do so, they 
must be entered in the register of EU fishing vessels.  

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  Ivorian 
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 EU. 

2. Licence applications 

The  relevant  EU  authorities  shall  submit  (by  electronic  means)  or  by  any  other  expeditious 
method,  to  the  Ministry  responsible  for  fisheries  in  Côte d’Ivoire,  an  application  for  each 

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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.  

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, 

—  one  colour  photograph  of  the  vessel  (side  view),  additional  boats  used  for  fishing  and 
additional out-of-water equipment for detecting fish, 

— an illustration and detailed description of the fishing gear used, 

For  the  renewal  of  a  licence  under  the  Protocol  in  force  for  a  vessel  whose  technical 
specifications have not been modified, the renewal application shall be accompanied only by 
proof of payment of the fee. 

3. Flat-rate fee 

The fee shall be paid into the account specified by the Ivorian authorities in accordance with 
Article 1(4) of this Annex. 

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

4. Provisional list of vessels authorised to fish 

Once it has received the fishing authorisation applications and notification of payment of the 
advance, Côte d'Ivoire shall draw up the provisional list of applicant vessels. This list shall be 
sent without delay to the national body responsible for supervising fishing, and to the EU. 

The EU shall forward a copy of the provisional list to the vessel owner or to the consignee. If 
the  EU  offices  are  closed,  Côte  d'Ivoire  may  send  the  provisional  list  directly  to  the  vessel 
owner or their consignee. Vessels shall be authorised to fish as soon as they are included on 
the  provisional  list.  Vessels  must  keep  a  copy  of  the  provisional  list  on  board  until  their 
fishing authorisation is issued. 

5. Issue of licences 

Licences  for  all  vessels  shall  be  issued  to  vessel  owners  or  their  representatives  via  the 
Delegation of the European Union to Côte d’Ivoire, within 21 working days of receipt of all 
the  documents  referred  to  in  point  2  above  by  the  Ministry  responsible  for  fisheries  in 
Côte d’Ivoire. 

Licences  shall  be  valid  for  one  year  and  are  renewable.  They  shall  be  issued  for  the  period 
from 1 July to 30 June of the following year.  

6. List of vessels authorised to fish  

Once the licence is issued, the Republic of Côte d'Ivoire shall immediately draw up the final 
list of vessels authorised to fish in the Ivorian zone. This list shall be sent immediately to the 
national  body  responsible  for  monitoring  fishing  and  to  the  EU  and  shall  replace  the 
provisional list referred to above. 

7. Licence transfer 

Licences  shall  be  issued  for  a  specific  vessel  and  shall  not  be  transferable.  However,  at  the 
request of the EU and where force majeure is proven, e.g. in the event of the loss or prolonged 

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immobilisation of a vessel due to a serious technical failure, the licence of the initial vessel 
shall be replaced by a new licence for another vessel of the same fishing category, as referred 
to in Article 1 of the Protocol, with no further fee due. In this case, the calculation of the catch 
levels to determine whether an additional payment should be made shall take account of the 
sum of the total catches of the two vessels. 

The owner of the first vessel, or his or her representative, shall return the cancelled licence to 
the Ministry responsible for fisheries in Côte d’Ivoire via the EU Delegation.  

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

8. Keeping a licence on board 

The licence must be held on board at all times. Vessels shall, however, be authorised to fish as 
soon as they are included on the provisional list mentioned in paragraph 4 of this Chapter. 

CHAPTER III 

Licence conditions — fees and advance payments 

1.  The  fee  shall  be  EUR  35  per  tonne  caught  within  the  Ivorian  fishing  zone  in  the  case  of 
tuna seiners and surface longliners. 

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

— EUR 5 390 per tuna seiner, equivalent to the fees due for 154 tonnes per year, 

— EUR 1 960 per surface longliner, equivalent to the fees due for 56 tonnes per year. 

3. 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 6 below. 

4.  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 vessel owner and confirmed by the competent scientific institutes.  

5.  This  statement  shall  be  sent  simultaneously  to  the  Ministry  responsible  for  fisheries  in 
Côte d’Ivoire and to the vessel owners via the Member States. 

6.  Where  the  final  statement  is  greater  than  the  flat-rate  fee  paid  to  obtain  the  fishing 
authorisation,  the  vessel  owner  shall  pay  the  outstanding  balance  to  the  Republic  of  Côte 
d'Ivoire within 45 days unless he/she contests the payment. 

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

CHAPTER IV 

Catch reporting arrangements 

1. Fishing log 

The  master  of  an  EU  vessel  fishing  under  the  Agreement  shall  keep  a  fishing  logbook,  for 
which the model for each category of fishing is included in Appendix 3 of this Annex.  

The fishing logbook shall be completed by the master for each day the vessel is present in the 
Ivorian fishing zone.  

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Each day the master shall record in the fishing logbook the quantity of each species, identified 
by its FAO alpha 3 code, caught and kept on board, expressed in kilograms of live weight or, 
where necessary, the number of individual fish. For each main species, the master shall also 
mention the bad catch. Where applicable, the master shall also record each day in the fishing 
logbook the quantities of each species thrown back into the sea, expressed in kilograms of live 
weight or, where necessary, the number of individual fish. 

The fishing logbook shall be filled in legibly, in block capitals, and signed by the master.  

The master shall be responsible for the accuracy of the data recorded in the fishing logbook. 

2. Catch reporting  

The master shall notify the vessel's catch by submitting its fishing logbooks for the period of 
its presence in the Ivorian fishing zone to the Ministry responsible for fisheries. He shall send 
a  copy  to  the  Centre  de  Recherche  Océanologique  de  Côte  d'Ivoire  (Ivorian  Oceanology 
Research Centre – CRO) and to one of the following scientific institutes:  

i. 
ii. 
iii. 

Institut de recherche pour le développement (IRD); 
Instituto Español de Oceanografía (IEO); 
INIAP (Instituto Nacional de investigação agrária e das Pescas). 

The fishing logbooks shall be transmitted in one of the following ways:  

i 

ii. 

a. 

b. 

c. 

when passing through an Ivorian port, the original of each fishing logbook shall be 
submitted  to  the  local  representative  of  Côte  d'Ivoire,  who  shall  forward  it  to  the 
Ivorian authorities who shall confirm receipt thereof in writing; 
when leaving the Ivorian fishing zone without first passing through an Ivorian port, 
the fishing logbook shall be sent within a period of 30 days after leaving the Ivorian 
fishing zone by one of the following means: 

preferably by e-mail. 

by post,  

or by fax: 

Vessels  shall  be  informed  of  the  fax  and  telephone  numbers  and  e-mail  address  when  the 
fishing licence is issued. Côte d'Ivoire shall immediately inform the vessels concerned and the 
EU of any change to the e-mail address, telephone number or transmission frequency. 

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

3. Transition to an electronic system 

Both parties indicate their shared willingness to ensure a transition to an electronic system for 
declaring catches based on the technical characteristics laid down in Appendix 5. The parties 
agree  to determine  together the terms  of  this transition within the  Joint  Committee with the 
aim of the system becoming operational on 31 December 2014. 

CHAPTER V 

Signing-on of seamen 

1.  EU  vessel  owners  shall  employ  ACP  nationals,  subject  to  the  following  conditions  and 
limits: 

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— 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. 

2. Vessel owners shall endeavour to take on board Ivorian seamen first. 

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

4. The employment contracts of ACP seamen shall be drawn up between the vessel owners’ 
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. 

5.  The  wages  of  the  ACP  seamen  shall  be  paid  by  the  vessel  owners.  They  shall  be  set  by 
mutual agreement between the vessel owners 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. 

6.  All  seamen  employed  on  board  EU  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, vessel owners shall be automatically absolved of 
their obligation to take the seaman on board. 

7.  Vessel  owners  shall  transmit  on  an  annual  basis  information  on  seamen  signed  on.  This 
information shall include the number of seamen who are nationals:  

- of the European Union 

- of an ACP country, distinguishing Ivorians from other ACP nationalities 

- a non-ACP and a non-EU country. 

CHAPTER VI 

Technical measures 

The  technical  measures  applicable  to  the  vessels  holding  a  fishing  licence,  relating  to  the 
zone,  fishing  gear  and  additional  catch,  shall  be  defined  in  the  technical  sheet  contained  in 
Appendix 2 to this Annex.  

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 VII 

Observers 

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

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1.1.  At  the  request  of  the  competent  authority,  EU  vessels  shall  take  on  board  an  observer 
designated by the authority in order to check catches made in Ivorian 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  Union  as  soon  as  they  have  been  drawn  up  and  every  quarter 
thereafter where they have been updated. 

1.3.  The  competent  authority  shall  inform  the  vessel  owners  concerned,  or  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. 

2. The time spent on board by the observer shall be one fishing trip. However, at the express 
request  of  the  competent  Ivorian  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. 

3. The conditions under which the observer is are taken on board shall be agreed between the 
vessel owner or his/her representative and the competent authority. 

4. The observers shall be taken on board at a port chosen by the vessel owner at the beginning 
of the first voyage in Ivorian waters after notification of the list of designated vessels. 

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

6.  If  the  observer  is  taken  on  board  in  a  country  outside  the  subregion,  his/her  travel  costs 
shall be borne by the vessel owner. If a vessel with a regional observer on board leaves the 
regional  fishing  zone,  all  measures  shall  be  taken  to  ensure  the  observer's  return  as  soon  as 
possible at the expense of the vessel owner. 

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

8. The observers shall be treated as officers. When the vessel is operating in Ivorian waters, 
he or she 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 Ivorian 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  fishing  data,  including  the  quantity  of  catches  and  by-catches  on  board,  to  their 
competent authority by any appropriate means. 

9. The master shall do everything in his/her power to ensure the physical safety and welfare of 
the observer during the performance of his/her duties. 

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10. The observers shall be offered every facility needed to carry out their duties. The master 
shall  give  him/her  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. 

11. While on board, the observer 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 said vessel. 

12. At the end of the observation period and before leaving the vessel, the observer shall draw 
up  an  activity  report  to  be  transmitted  to  the  competent  authorities,  with  a  copy  to  the 
European Union. He/she 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  mastermaster  when  the  scientific  observer  is  put 
ashore. 

13. Vessel owners 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. 

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

15. 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 the Ivorian fishing zone under the Agreement shall take on board, 
instead of regional observers, observers designated by the competent the Ivorian authorities in 
accordance with the rules set out above. 

CHAPTER VIII 

Control and inspection 

1. Entering and leaving the zone 

1.1. At least three hours in advance EU vessels shall notify the competent Ivorian authorities 
responsible for fisheries control of their intention to enter or leave the Ivorian fishing zone. 

When notifying its entry or exit, the vessel shall notify in particular:  

i. the date, time and point of passage scheduled; 

the quantity of each species held on board, as identified by its FAO alpha 3 code and 

ii. 
expressed in kilograms of live weight or, if necessary, the number of individual fish; 

iii. 

the nature and presentation of the product.  

1.2.  This  information  should  preferably  be  communicated  by  e-mail  or,  failing  that,  by  fax. 
The Republic of Côte d'Ivoire shall confirm receipt thereof immediately by return e-mail or 
fax. 

1.3.  Vessels  found  to  be  fishing  without  having  informed  the  competent  Côte d’Ivoire 
authority shall be regarded as vessels in breach of the rules. 

2. Inspection procedures  

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

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

2.3. At the end of each inspection, the Ivorian inspectors shall draw up an inspection report. 
The master of the EU vessel has the right to include his comments in the inspection report. 
The inspection report shall be signed by the inspector drawing up the report and the master of 
the EU vessel. The signature of the inspection report by the master shall be without prejudice 
to the vessel owner's right of defence in respect of an infringement. If the master refuses to 
sign this document, he shall specify the reasons for doing so in writing and the inspector shall 
write "refusal to sign" on it. The Ivorian inspectors shall issue a copy of the inspection report 
to the master of the EU vessel before leaving.  

2.4 Masters of EU fishing vessels engaged in landing or transhipment operations in an Ivorian 
port  shall  allow  and  facilitate  the  inspection  of  such  operations  by  duly  mandated  Ivorian 
inspectors,  who  are  recognisable  as  such.  Once  the  inspection  and  control  has  been 
completed, a certificate shall be issued to the master of the vessel. 

2.5 Côte d'Ivoire may authorise the EU to take part in inspections as an observer. 

3. Transhipment 

3.1. All EU vessels wishing to tranship catches in Ivorian waters shall do so in or off Ivorian 
ports. 

3.2.  The  owners  of  such  vessels  must  notify  the  following  information  to  the  competent 
Ivorian authorities at least 24 hours in advance: 

— the names of the transhipping fishing vessels, 

—the names, IMO numbers and flag of the cargo vessels, 

— the tonnage by species to be transhipped, 

— the day and place of transhipment. 

3.3.  Transhipment  shall  be  considered  as  an  exit  from  the  Ivorian  fishing  zone.  Masters  of 
vessels  must  submit  their  catch  declarations  to  the  competent  Ivorian  authorities  and  state 
whether they intend to continue fishing or leave Ivorian fishing zone. 

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

CHAPTER IX 

Satellite-based vessel monitoring system (VMS) 

1. Vessel position messages – VMS system 

Whilst  they  are  in  the  Ivorian  zone,  EU  vessels  holding  a  licence  must  be  equipped  with  a 
satellite  monitoring  system  (Vessel  Monitoring  System  –  VMS)  to  enable  automatic  and 
continuous  communication  of  their  position,  at  all  times,  to  the  fishing  control  centre 
(Fisheries Monitoring Centre – FMC) of their flag State.  

Each position message must contain: 

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a. 
b. 

c. 
d. 

the vessel identification, 
the  most  recent  geographical  position  of  the  vessel  (longitude,  latitude),  with  a 
position error of less than 500 metres, and with a confidence interval of 99%; 
the date and time the position is recorded; 
the speed and the course of the vessel; 

Each  position  message  must  be  configured  in  accordance  with  the  format  included  in 
Appendix 4 to this Annex. The first position recorded after entry into the Ivorian zone shall be 
identified by the code 'ENT'. All subsequent positions shall be identified by the code 'POS', 
with the exception of the first position recorded after departure from the Ivorian zone, which 
shall be identified by the code 'EXI'. 

The  FMC  of  the  flag  State  shall  ensure  the  automatic  processing  and,  if  necessary,  the 
electronic transmission of the position messages. The position messages shall be recorded in a 
secure manner and kept for a period of three years. 

2. Transmission by the vessel in the event of breakdown of the VMS system 

The master shall ensure at all times that the VMS system of his vessel is fully operational and 
that the position messages are correctly transmitted to the FMC of the flag State.  

In the event of breakdown, the VMS system of the vessel shall be repaired or replaced within 
one  month.  After  that  period,  the  vessel  shall  no  longer  be  authorised  to  fish  in  the  Ivorian 
fishing zone.  

Vessels fishing in the Ivorian fishing zone with a defective VMS system must communicate 
their position messages by e-mail, radio or fax to the FMC of the flag State, at least every four 
hours, and must provide all the compulsory information detailed in paragraph 1. 

3. Secure communication of position messages to the Republic of Côte d'Ivoire 

The  FMC  of  the  flag  State  shall  automatically  send  the  position  messages  of  the  vessels 
concerned  to  the  Ivorian  FMC.  The  FMC  of  the  flag  State  and  the  Ivorian  FMC  shall 
exchange their contact e-mail addresses and inform each other immediately of any change to 
these addresses. 

The transmission of position messages between the FMCs of the flag State and Côte d’Ivoire 
shall be carried out electronically using a secure communication system. 

The Ivorian FMC shall inform the FMC of the flag State and the EU of any interruption in the 
receiving of consecutive position messages from a vessel holding a licence, where the vessel 
concerned has not notified its departure from the fishing zone.  

4. Malfunction of the communication system 

The Republic of Côte d’Ivoire shall ensure the compatibility of its electronic equipment with 
that  of  the  FMC  of  the  flag  State  and  inform  the  EU  immediately  of  any  malfunction  as 
regards  the  communication  and  receiving  of  position  messages  with  a  view  to  finding  a 
technical  solution  as  soon  as  possible.  The  Joint  Committee  shall  deal  with  any  possible 
dispute arising.  

The  master  shall  be  considered  to  be  responsible  for  any  proven  manipulation  of  a  vessel’s 
VMS  system  aimed  at  disturbing  its  operation  or  falsifying  its  position  messages.  Any 
infringements shall be subject to the penalties provided for by the Ivorian legislation in force. 

5. Revision of the frequency of position messages 

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On the basis of documentary evidence proving an infringement, the Republic of Côte d'Ivoire 
may  ask  the  FMC  of  the  flag  State,  copying  in  the  EU,  to  reduce  the  interval  for  sending 
position messages from a vessel to every thirty minutes for a set period of investigation. That 
documentary evidence must be sent immediately by the Republic of Côte d'Ivoire to the flag 
State  FMC  and  the  EU.  The  FMC  of  the  flag  State  shall  immediately  send  the  position 
messages to Côte d’Ivoire at the new frequency.  

When the period of investigation ends, the Republic of Côte d'Ivoire shall immediately inform 
the FMC of the flag State and the EU and subsequently inform them of any follow-up. 

Chapter X 

Infringements 

1. Handling of infringements 

Any  infringement  committed  by  an  EU  vessel  holding  a  licence  in  accordance  with  the 
provisions of this Annex must be mentioned in an inspection report. This report shall be sent 
to the EU and the flag State within seven working days.  

2. Detention of a vessel – information meeting 

Any EU vessel having committed an infringement may be forced to cease its fishing activity 
and, where the vessel is at sea, to return to an Ivorian port. 

The Republic of Côte d'Ivoire shall notify the EU within 24 hours of any detention of an EU 
vessel holding a licence. This notification shall be accompanied by documentary evidence of 
the infringement.  

Before  taking  any  measure  against  the  vessel,  the  master,  the  crew  or  the  cargo,  with  the 
exception  of  measures  aimed  at  protecting  evidence,  the  Republic  of  Côte  d'Ivoire  shall 
organise, at the request of the EU, within one working day of notification of the detention of 
the  vessel,  an  information  meeting  to  clarify  the  facts  which  have  led  to  the  vessel  being 
detained and to explain what further action may be taken. A representative of the flag State of 
the vessel may attend this information meeting.  

3. Penalties for infringements - compromise procedure 

The penalty for the infringement shall be set by the Republic of Côte d’Ivoire according to the 
provisions of the national legislation in force. 

Where  settling  the  infringement  involves  legal  proceedings,  before  these  are  launched,  and 
provided that the infringement does not involve a criminal act, a compromise procedure shall 
be  undertaken  between  the  Republic  of  Côte  d'Ivoire  and  the  vessel  owner  or  his/her 
representative in order to determine the terms and level of the  sanction. A representative of 
the flag State of the vessel and of the EU may participate in this compromise procedure. The 
compromise  procedure  shall  finish  at  the  latest  three  days  after  the  notification  of  the 
detention of the vessel. 

4. Legal proceedings – bank security 

If the compromise procedure fails and the infringement is brought before the competent court, 
the owner of the vessel which committed the infringement shall deposit a bank security at a 
bank designated by the Republic of Côte d’Ivoire, the amount of which, as set by the Republic 
Côte d’Ivoire, covers the costs linked to the detention of the vessel, the estimated fine and any 
compensation. The bank security may not be recovered until the legal proceedings have been 
concluded. 

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The bank security shall be released and returned to the vessel owner without delay after the 
judgment has been given:  

a. 
b. 

in full, if no penalty has been imposed; 
for the amount of the remaining balance, if the penalty is a fine which is lower than 
the amount of the bank security. 

The Republic of Côte d’Ivoire shall inform the EU of the outcome of the legal proceedings 
within seven working days of the judgement being given. 

5. Release of the vessel and the crew 

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

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

- once the bank security has been lodged.  

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Appendices 

1. Licence application form 

2. Data sheet 

3. ICCAT logbook 

4. Format of VMS position message 

5. Electronic reporting of fishing operations (ERS) 

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Appendix 1 – Licence application form 

CÔTE D'IVOIRE - EUROPEAN UNION FISHERIES AGREEMENT 

FISHING LICENCE APPLICATION FORM 

I - APPLICANT 

1. 

2. 

3. 

4. 

5. 

Name of vessel owner: Nationality: …................................ 

Name of the vessel owner's association or agent: ................................................................................... 

Address of the vessel owner's association or agent: ............................................................................... 

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

Telephone: ................................................. 

Fax: ....................................................................... 

Name of master: Nationality: ….................................. 

II – VESSEL AND IDENTIFICATION 

1. 

2. 

3. 

4. 

5. 

6. 

7. 

8. 

9. 

Vessel name: .................................................................................................................................................... 

Flag State: ....................................................................................................................................... 

Previous flag, if any; …………………………………………………………………………… 

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

External registration number: ............................................................................................................... 

Port of registry: ........................................ MMSI: …………………………………………. 

Year and place of construction:… .................................................................................................................. 

Radio call sign: ..................................  Call frequency: ........................................................ 

Hull construction material: 

Steel (cid:133) 

Wood (cid:133) 

Polyester (cid:133) 

Other (cid:133) 

III - TECHNICAL CHARACTERISTICS AND EQUIPMENT 

1. 

2. 

3. 

4. 

5. 

6. 

7. 

8. 

9. 

Overall length: .................................................. 

Width: .......................................................................... 

Tonnage (expressed in GT London): ................................................................................................................ 

Horse power of main engine: : ................ 

Make: .............................. Type: ........................... 

Vessel Type: .................................................. 

Fishing category: ..................................................... 

Gear types: ........................................................................................................................................... 

Fishing zones: .................................................. 

Target species: ............................................................ 

Crew complement: ................................................................................................................. 

Method of preservation on board:  Cooling (cid:133) Refrigeration (cid:133) Mixed (cid:133) Freezing (cid:133) 

Freezing capacity in tonnes/24 hours: ........................................................................................ 

10. 

Hold capacity: ................................................. 

Number: ....................................................... 

Name of Applicant  

Done at Brussels, 

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Appendix 2 – Technical sheet 

FREEZER TUNA SEINERS AND LONGLINERS 

1. 

Fishing zone: 

Beyond 12 nautical miles from the base lines. 

2.  Authorised gear 

Seine 
Surface longliners 

3. 

Prohibited species:  

In  accordance  with  the  Convention  on  Migratory  Species  (CMS)  and  with  the  ICCAT  resolutions,  fishing  for  the 
basking  shark  (Cetorhinus  maximus),  white  shark  (Carcharodon  carcharias),  bigeye  thresher  shark  (Alopias 
superciliosus),  hammerhead  sharks  in  the  Sphyrnidae  family  (with  the  exception  of  the  bonnethead  shark),  oceanic 
whitetip shark (Carcharhinus longimanus) and the silky shark (Carcharhinus falciformis) is prohibited. Fishing for the 
sandtiger shark (Carcharias taurus) and the tope shark (Galeorhinus galeus) is prohibited. 

The two Parties shall consult within the Joint Committee to update this list on the basis of scientific recommendations. 

4.  Authorised tonnage/fees 

4.1. 

Additional fee per tonne caught 

EUR 35 per tonne 

4.2. 

Annual flat-rate fee: 

EUR 5 390 for 154 tonnes per seiner 
EUR 1 960 for 56 tonnes per surface longliner  

4.3. 

Number of vessels authorised to fish  

28 seiners 
10 longliners 

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Appendix 3 – Fishing logbook  

ICCAT LOGBOOK FOR TUNA FISHERY 

Longline 

Live bait 

Purse seine 

Trawl 

Outros (Others) 

Vessel name: …………………………………………………………………….  Gross tonnage: 

Month Day 

Year 

Port 

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

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

Capacity – (MT): ……………………………………………........

Vessel DEPARTED: 

Registration No: 
………………………………………………………………...................................

Master: ……………………………………………………….... 

Vessel 
RETURNED: 

Vessel 
………………………………………………………….......................... 

owner:

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

Address: ………………………………………………………………………….... Reporting date: ………………………………………………...... 

No of days at sea: 

No of fishing days: 

No of sets made: 

Trip number: 

Date 

Sector 

Catches 

Bait used 

(Bait used) 

Month  Day 

Surface 
water 
temp 

(ºC) 

S
/
N
e
d
u
t
i
t
a
L

/

W
E
e
d
u
t
i
g
n
o
L

Fishing effort 

Bluefin tuna 

No of hooks 
used 

Thunnus 

thynnus or 

maccoyii  

Yellowfin 
tuna 

Thunnus 

albacares 

(Bigeye tuna)

(Albacore) 

(Swordfish) 

Thunnus 

Thunnus 

Xiphias 

obesus 

alalunga 

gladius 

(Strip marlin) 

(White marlin) 

Tetraptunus 

audax or albidus 

(Black marlin)

(Skipjack) 

Daily total

(Sailfish) 

(Miscellaneous fish) 

Makaira 

indica 

Istiophorus albicans 
or platypterus 

Katsuwonus 

pelamis 

(weight in kg 
only) 

y
r
u
a
S

d
i
u
q
S

t
i
a
b

e
v
i
L

(Other) 

  Num
ber 

Weight kg  Numbe

kg  Numbe

Kg  Numbe

kg  Numbe

kg  Numbe

kg 

r 

r 

r 

r 

r 

Numbe
r 

kg 

Number 

kg 

Numbe
r 

kg 

Number

kg 

Numb
er 

kg 

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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 vessel. 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. 

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Appendix 4 – Format of VMS position message 

COMMUNICATION OF VMS MESSAGES TO CÔTE D'IVOIRE 

POSITION REPORT 

Data Element 

Field 

Mandatory 

Remarks 

code 

or 

optional? 

Start record 

Address 

destination 

Source 

Number  

SR 

AD 

FR 

RN 

Type of message 

TM 

Name 

of 

the 

NA 

vessel 

External 

registration 

number 

XR 

Radio call sign  

RC 

EU  Fleet  Register 

IR 

Number 

Latitude 

Longitude 

Speed 

Course 

Date 

Time 

End record 

LT 

LG 

SP 

CO 

DA 

TI 

ER 

O 

O 

O 

F 

O 

F 

F 

O 

F 

O 

O 

O 

O 

O 

O 

O 

System detail; indicates start of record 

Message  detail;  destination  Party  Alfa-3  ISO 
country code 

Message  detail;  destination  Party  Alfa-3  ISO 
country code 

Message  detail;  serial  number  of  the  record  for  the 
relevant year 

Message detail; message type: 'ENT', 'POS' or 'EXI' 

Name of the vessel 

Vessel detail; the side number of the vessel 

Vessel  detail;  international  radio  call  sign  of  the 
vessel 

Vessel  detail;  Unique  Party  vessel  number  Unique 
Party  vessel  number  as  Alfa-3  ISO  flag  country 
code followed by number 

Position detail; position ± 99.999 (WGS-84) 

Position detail; position ±999.999 (WGS-84) 

Position detail; Vessel speed in tenths of knots  

Position detail; vessel course 360° scale 

Position 
(YYYYMMDD) 

detail;  UTC 

date 

of 

position 

Position detail; UTC time of position (HHMM) 

System detail; indicates end of record 

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Format details 

Each data transmission is structured as follows: 

a double slash (//) and the characters 'SR' indicate the start of a message; 

a double slash (//) and field code indicates the start of a data element, 

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

a space separates pairs of data, 

the characters 'ER' and a double slash (//) indicate the end of a record. 

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Appendix 5 – Electronic reporting of fishing operations 

Electronic recording and reporting systems 

1.  Every  EU  vessel  fishing  under  this  Protocol  must  be  equipped  with  a  working  electronic 
recording and  reporting system, hereinafter referred to as an  ERS system  (ERS -  Electronic 
Reporting  System),  capable  of  recording  and  transmitting  the  data  on  the  fishing  activities, 
throughout  the  period  the  vessel  is  present  in  Ivorian  waters.  An  EU  vessel  that  is  not 
equipped  with  an  ERS  system,  or  whose  ERS  system  is  not  working,  is  not  authorised  to 
begin a fishing operation in Ivorian waters. 

2. The flag State and Côte d’Ivoire shall both ensure that their national fisheries monitoring 
centres (FMCs) are equipped with the necessary IT equipment and software for automatically 
transmitting 
on 
http://ec.europa.eu/cfp/control/codes/index_en.htm and saving the ERS data for at least three 
years.  Any  amendment  or  update  of  the  format  must  be  identified  and  dated  and  enter  into 
force after a 6-month period. 

available 

format 

XML 

ERS 

data 

the 

the 

in 

3. The ERS data shall be transmitted using the electronic means of communication operated 
by the European Commission on behalf of the EU. 

4. The Parties shall ensure that the ERS data are registered sequentially. 

5.  The  flag  Member  State  and  Côte  d’Ivoire  shall  ensure  that  their  FMCs  exchange  the 
relevant  names,  e-mail  addresses  and  telephone  and  fax  numbers.  Any  later  changes  to  this 
data shall be communicated without delay. 

Transmission of ERS data 

6. All EU vessels fishing under this Protocol: 

a.  shall  keep  an  electronic  logbook  for  each  day  they  are  in  Ivorian  waters.  Each 
species  shall  be  identified  by  its  FAO  alpha  3  code,  in  kilograms  of  live  weight  or,  if 
necessary, the number of individual fish; 

b. shall communicate the quantities held on board for each of the species identified on 
the fishing authorisation, on each entry into and departure from Ivorian waters, the provisions 
of Chapter VII notwithstanding;  

c.  shall  record  the  catches  made  in  Ivorian  waters  by  species  and  for  each  haul, 
identifying the quantities caught and the discarded catches. For the species identified on the 
fishing authorisation, the master must also indicate the absence of catches;  

d. shall record by species the quantities transhipped or unloaded, notwithstanding the 

provisions of Chapter V; 

e. shall send the ERS data electronically to the FMC of its flag State before 23:59 UTC. 

7. The master is responsible for the accuracy of the ERS data recorded and sent.  

8.  The  flag  State  shall  ensure  that  its  FMC  sends  the  ERS  data  to  the  Ivorian  FMC 
immediately in accordance with the procedures and format indicated in paragraph 2.  

9. The Ivorian FMC: 

a. shall process all the ERS data in a confidential manner; 

b.  shall  send  the  ERS  data  to  the  FMC  of  the  vessel's  flag  State  within  48  hours  of 

each transhipment and/or unloading operation.  

Technical failure 

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10.  The  flag  State  of  an  EU  vessel  shall  ensure  that  the  master,  the  owner,  or  his 
representative, is informed immediately of any technical failure of the ERS system installed 
on his vessel. 

11. In the event of a technical failure of the ERS system, the master or the owner shall ensure 
that the ERS system is repaired or replaced within a period of one month of the breakdown.  

12. Every EU vessel fishing with a defective ERS system shall send the ERS data to the FMC 
of its flag State before 23:59 UTC by any other available electronic means of communication. 

Non-receipt of ERS data 

13. The Ivorian FMC shall notify the FMC of the competent flag State and the EU without 
delay of any interruption in the transmission of ERS data from an EU vessel fishing under this 
Protocol.  

14. Following receipt of this notification, the FMC of the flag State shall immediately identify 
the  reasons  for  which  the  ERS  data  could  not  be  sent  and  take  the  appropriate  measures  to 
resolve  the  problem.  The  FMC  of  the  flag  State  shall  immediately  inform  the  Ivorian  FMC 
and the EU of the causes identified and the corresponding corrective measures.  

15.  The  missing  ERS  data  shall  be  sent  by  the  FMC  of  the  flag  State  to  the  Ivorian  FMC 
without delay. 

16.  In  the  event  of  the  Ivorian  FMC  not  working,  the  EU  shall  send  Côte  d’Ivoire  the 
aggregate  ERS  data  of  the  EU  vessels  which  had  been  fishing  in  its  waters,  on  a  monthly 
basis. 

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