CELEX: 32006R2027
Language: en
Date: 2006-12-19 00:00:00
Title: Council Regulation (EC) No 2027/2006 of 19 December 2006 on the conclusion of the Fisheries partnership agreement between the European Community and the Republic of Cape Verde

30.12.2006   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               L 414/1
            
         COUNCIL REGULATION (EC) No 2027/2006
   of 19 December 2006
   on the conclusion of the Fisheries partnership agreement between the European Community and the Republic of Cape Verde
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 37 in conjunction with Article 300(2), and the first subparagraph of Article 300(3), thereof,
   Having regard to the proposal from the Commission,
   Having regard to the Opinion of the European Parliament (1),
   Whereas:
   
               (1)
            
            
               The Community and the Republic of Cape Verde have negotiated and initialled a Fisheries Partnership Agreement providing Community fishermen with fishing opportunities in the waters falling within the sovereignty of the Republic of Cape Verde.
            
         
               (2)
            
            
               That Agreement should be approved.
            
         
               (3)
            
            
               The method for allocating the fishing opportunities among the Member States should be defined,
            
         HAS ADOPTED THIS REGULATION:
   Article 1
   The Fisheries Partnership Agreement between the European Community and the Republic of Cape Verde is hereby approved on behalf of the Community.
   The text of the Agreement is attached to this Regulation.
   Article 2
   The fishing opportunities set out in the Protocol shall be allocated among the Member States as follows:
   
               Fishing category
            
            
               Type of vessel
            
            
               Member State
            
            
               Licences or quota
            
         
               Tuna fishing
            
            
               Surface longliners
            
            
               Spain
            
            
               41
            
         
               Portugal
            
            
               7
            
         
               Tuna fishing
            
            
               Freezer tuna seiners
            
            
               Spain
            
            
               12
            
         
               France
            
            
               13
            
         
               Tuna fishing
            
            
               Pole-and-line tuna vessels
            
            
               Spain
            
            
               7
            
         
               France
            
            
               4
            
         If licence applications from these Member States do not cover all the fishing opportunities laid down by the Protocol, the Commission may take into consideration licence applications from any other Member State.
   Article 3
   The Member States whose vessels fish under this Agreement shall notify the Commission of the quantities of each stock caught within the Cape Verde fishing zone in accordance with Commission Regulation (EC) No 500/2001 of 14 March 2001 laying down detailed rules for the application of Council Regulation (EEC) No 2847/93 on the monitoring of catches taken by Community fishing vessels in third country waters and on the high seas (2).
   Article 4
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement in order to bind the European Community.
   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
       (3).
   
      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 19 December 2006.
      
         
            For the Council
         
         
            The President
         
         J. KORKEAOJA
      
   
   
      (1)  Opinion delivered on 30 November 2006 (not yet published in the Official Journal).
   
      (2)  OJ L 73, 15.3.2001, p. 8.
   
      (3)  The date of entry into force of the Agreement will be published in the Official Journal of the European Communities by the Secretariat General of the Council.
    ---documentbreak--- 
   
               30.12.2006   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               L 414/3
            
         FISHERIES PARTNERSHIP AGREEMENT
   between the European Community and the Republic of Cape Verde
   THE EUROPEAN COMMUNITY, hereinafter referred to as ‘the Community’,
   of the one part, and
   THE REPUBLIC OF CAPE VERDE, hereinafter referred to as ‘Cape Verde’,
   of the other part,
   hereinafter referred to as ‘the Parties’,
   CONSIDERING the close working relationship between the Community and Cape Verde, particularly in the context of the Cotonou Agreement, and their mutual desire to intensify that relationship,
   CONSIDERING the desire of the two parties to promote the sustainable exploitation of fisheries resources by means of cooperation,
   HAVING REGARD TO the United Nations Convention on the Law of the Sea,
   RECOGNISING that Cape Verde exercises its sovereign rights or jurisdiction over a zone extending up to 200 nautical miles from the baselines in accordance with the United Nations Convention on the Law of the Sea,
   DETERMINED to apply the decisions and recommendations of the International Commission for the Conservation of Atlantic Tunas, hereinafter referred to as ‘ICCAT’,
   AWARE of the importance of the principles established by the Code of conduct for responsible fisheries adopted at the FAO Conference in 1995,
   DETERMINED to cooperate, in their mutual interest, in promoting the introduction of responsible fisheries to ensure the long-term conservation and sustainable exploitation of marine living resources,
   CONVINCED that such cooperation must take the form of initiatives and measures which, whether taken jointly or separately, are complementary and ensure consistent policies and synergy of effort,
   INTENDING, to these ends, to commence a dialogue on the sectoral fisheries policy adopted by the Government of Cape Verde and to identify the appropriate means of ensuring that this policy is effectively implemented and that economic operators and civil society are involved in the process,
   DESIROUS of establishing terms and conditions governing the fishing activities of Community vessels in Cape Verde waters and Community support for the introduction of responsible fishing in those waters,
   RESOLVED to pursue closer economic cooperation in the fishing industry and related activities through the setting up and development of joint enterprises involving companies from both parties,
   HEREBY AGREE AS FOLLOWS:
   Article 1
   Scope
   This Agreement establishes the principles, rules and procedures governing:
   
               —
            
            
               economic, financial, technical and scientific cooperation in the fisheries sector with a view to promoting responsible fishing in Cape Verde waters to ensure the conservation and sustainable exploitation of fisheries resources and develop the Cape Verde fisheries sector,
            
         
               —
            
            
               the conditions governing access by Community fishing vessels to Cape Verde waters,
            
         
               —
            
            
               cooperation on the arrangements for policing fisheries in Cape Verde waters with a view to ensuring that the above rules and conditions are complied with, that the measures for the conservation and management of fish stocks are effective and that illegal, undeclared and unregulated fishing is prevented,
            
         
               —
            
            
               partnerships between companies aimed at developing economic activities in the fisheries sector and related activities, in the common interest.
            
         Article 2
   Definitions
   For the purposes of this Agreement:
   
               (a)
            
            
               ‘Cape Verde authorities’ means the Government of Cape Verde;
            
         
               (b)
            
            
               ‘Community authorities’ means the European Commission;
            
         
               (c)
            
            
               ‘Cape Verde waters’ means the waters over which Cape Verde has sovereignty or jurisdiction;
            
         
               (d)
            
            
               ‘fishing vessel’ means any vessel equipped for commercial exploitation of living aquatic resources;
            
         
               (e)
            
            
               ‘Community vessel’ means a fishing vessel flying the flag of a Member State of the Community and registered in the Community;
            
         
               (f)
            
            
               ‘joint enterprise’ means a commercial company set up in Cape Verde by vessel owners or national enterprises from the parties in order to engage in fishing or related activities;
            
         
               (g)
            
            
               ‘Joint Committee’ means a committee made up of representatives of the Community and Cape Verde whose functions are described in Article 9 of this Agreement;
            
         
               (h)
            
            
               ‘transhipment’ means the transfer in port or at sea of some or all of the catch from one fishing vessel to another fishing vessel;
            
         
               (i)
            
            
               ‘shipowner’ means any person legally responsible for a fishing vessel who is in charge of and controls it;
            
         
               (j)
            
            
               ‘ACP seamen’ means any seamen who are nationals of a non-European signatory to the Cotonou Agreement. To this end, a Cape Verde seaman is an ACP seaman.
            
         Article 3
   Principles and objectives underlying the implementation of this Agreement
   1.   The parties hereby undertake to promote responsible fishing in Cape Verde waters on the basis of the principles laid down in the FAO's Code of conduct for responsible fisheries and the principle of non-discrimination between the different fleets fishing in those waters.
   2.   The parties shall cooperate with a view to monitoring the results of the implementation of a sectoral fisheries policy adopted by the Government of Cape Verde and shall initiate a policy dialogue on the necessary reforms. They shall consult with a view to adopting potential measures in this area.
   3.   The parties shall also cooperate in carrying out evaluations of measures, programmes and actions implemented on the basis of this Agreement. The results of the evaluations shall be analysed by the Joint Committee provided for in Article 9.
   4.   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.
   5.   The employment of Cape Verde and/or ACP seamen on board Community vessels shall be governed by the International Labour Organisation (ILO) Declaration on Fundamental Principles and Rights at Work, which shall apply as of right to the corresponding contracts and general terms of employment. This concerns in particular the freedom of association and the effective recognition of the right to collective bargaining, and the elimination of discrimination in respect of employment and occupation.
   Article 4
   Scientific cooperation
   1.   During the period covered by this Agreement, the Community and Cape Verde shall monitor the evolution of resources in the Cape Verde fishing zone.
   2.   The two parties, based on the recommendations and resolutions adopted within the International Commission for the Conservation of Atlantic Tunas (ICCAT) and the best available scientific advice, shall consult each other within the Joint Committee provided for in Article 9 or, where appropriate, within a scientific meeting. Cape Verde may, in agreement with the Community, take measures to ensure the sustainable management of fisheries resources.
   3.   The parties shall undertake to consult one other, either directly or within the competent international organisations, to ensure the management and conservation of living resources in the Atlantic Ocean, and to cooperate in relevant scientific research.
   Article 5
   Access by Community vessels to the fisheries in Cape Verde waters
   1.   Cape Verde undertakes to authorise Community vessels to engage in fishing activities in its fishing zone in accordance with this Agreement, including the Protocol and Annex thereto.
   2.   The fishing activities governed by this Agreement shall be subject to the laws and regulations in force in Cape Verde. The Cape Verde authorities shall notify the Commission of any amendments to that legislation and to any other legislation which may have an impact on fishing legislation.
   3.   Cape Verde shall assume responsibility for the effective application of the fisheries monitoring provisions in the Protocol. Community vessels shall cooperate with the Cape Verde authorities responsible for carrying out such monitoring.
   4.   The Community undertakes to take all the appropriate steps required to ensure that its vessels comply with this Agreement and the legislation governing fisheries in the waters over which Cape Verde has jurisdiction.
   Article 6
   Licences
   1.   Community vessels may fish in the Cape Verde fishing zone only if they are in possession of a fishing licence issued under this Agreement.
   2.   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
   1.   The Community shall grant Cape Verde a financial contribution in accordance with the terms and conditions laid down in the Protocol and Annexes. This single contribution shall be composed of two related elements, namely:
   
               (a)
            
            
               access by Community vessels to Cape Verde fisheries; and
            
         
               (b)
            
            
               the Community's financial support for promoting responsible fishing and the sustainable exploitation of fisheries resources in Cape Verde waters.
            
         2.   The component of the financial contribution referred to in the above paragraph shall be determined and managed in the light of objectives identified by common accord between the parties in accordance with the Protocol, to be achieved in the context of the sectoral fisheries policy in Cape Verde and an annual and multiannual programme for its implementation.
   3.   The financial contribution granted by the Community shall be paid each year in accordance with the Protocol and subject to this Agreement and the Protocol in the event of any change to the amount of the contribution as a result of:
   
               (a)
            
            
               unusual circumstances, other than natural phenomena, preventing fishing activities in Cape Verde waters;
            
         
               (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;
            
         
               (c)
            
            
               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;
            
         
               (d)
            
            
               a reassessment of the terms of Community financial support for implementing a sectoral fisheries policy in Cape Verde, where this is warranted by the results of the annual and multiannual programming observed by both parties;
            
         
               (e)
            
            
               termination of this Agreement under Article 12;
            
         
               (f)
            
            
               suspension of the application of this Agreement under Article 13.
            
         Article 8
   Promoting cooperation among economic operators and in civil society
   1.   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.
   2.   The parties shall encourage exchanges of information on fishing techniques and gear, preservation methods and the industrial processing of fisheries products.
   3.   The parties shall endeavour to create conditions favourable to the promotion of relations between enterprises from the parties in the technical, economic and commercial spheres, by encouraging the establishment of an environment favourable to the development of business and investment.
   4.   The parties shall undertake to implement an action plan between Cape Verde and Community operators, with the aim of developing local landings of Community vessels.
   5.   The parties shall encourage, in particular, the setting-up of joint enterprises in their mutual interest which shall systematically comply with Cape Verde and Community legislation.
   Article 9
   Joint Committee
   1.   A Joint Committee shall be set up to monitor the application of this Agreement. The Joint Committee shall perform the following functions:
   
               (a)
            
            
               monitoring the performance, interpretation and application of this Agreement and, in particular, the definition of the annual and multiannual programming referred to in Article 7(2) and evaluation of its implementation;
            
         
               (b)
            
            
               providing the necessary liaison for matters of mutual interest relating to fisheries;
            
         
               (c)
            
            
               acting as a forum for the amicable settlement of any disputes regarding the interpretation or application of the Agreement;
            
         
               (d)
            
            
               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 the Community and in Cape Verde, and shall be chaired by the party hosting the meeting. It shall hold a special meeting at the request of either of the parties.
   Article 10
   Geographical area to which the Agreement applies
   This Agreement shall apply, on the one hand, to the territories in which the Treaty establishing the European Community applies, under the conditions laid down in that Treaty, and, on the other, to the territory of Cape Verde.
   Article 11
   Duration
   This Agreement shall apply for five years from the date of its entry into force; it shall be renewable for additional periods of five years, unless notice of termination is given in accordance with Article 12.
   Article 12
   Termination
   1.   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.
   2.   The party concerned shall notify the other party of its intention to withdraw from the Agreement in writing at least six months before the date of expiry of the initial period or each additional period.
   3.   Dispatch of the notification referred to in the previous paragraph shall open consultations by the parties.
   4.   Payment of the financial contribution referred to in Article 7 for the year in which the termination takes effect shall be reduced proportionately and pro rata temporis.
   Article 13
   Suspension
   1.   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.
   2.   Payment of the financial contribution referred to in Article 7 shall be reduced proportionately and pro rata temporis, according to the duration of the suspension.
   Article 14
   Protocol and Annex
   The Protocol and the Annex shall form an integral part of this Agreement.
   Article 15
   National Law
   The activities of Community vessels operating in Cape Verde waters shall be governed by the applicable law in the Cape Verde, unless otherwise provided in this Agreement, the Protocol and the Annex and appendices thereto.
   Article 16
   Repeal
   This Agreement, on the date of its entry into force, repeals and replaces the Agreement between the European Economic Community and the Republic of Cape Verde on fishing off the coast of Cape Verde which entered into force on 24 July 1990.
   Article 17
   Entry into force
   This Agreement, drawn up in duplicate in the Czech, Estonian, Danish, Dutch, English, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Slovak, Slovenian, Spanish and Swedish languages, each of these texts being equally authentic, shall enter into force on the date on which the parties notify each other that their procedures have been completed.
   PROTOCOL
   setting out the fishing opportunities and financial contribution provided for in the Fisheries Partnership Agreement between the European Community and the Republic of Cape Verde on fishing off the Coast of Cape Verde for the period from 1 September 2006 to 31 August 2011
   Article 1
   Period of application and fishing opportunities
   1.   For a period of five years from 1 September 2006, the fishing opportunities granted under Article 5 of the Agreement shall be as follows:
   Highly migratory species (species listed in Annex 1 to the 1982 United Nations Convention)
   
               —
            
            
               freezer tuna seiners: 25 vessels,
            
         
               —
            
            
               pole-and-line tuna vessels: 11 vessels,
            
         
               —
            
            
               surface longliners: 48 vessels.
            
         2.   Paragraph 1 shall apply subject to Articles 4 and 5 of this Protocol.
   3.   Vessels flying the flag of a Member State of the European Community may fish in Cape Verde waters only if they are in possession of a fishing licence issued under this Protocol in accordance with the Annex to this Protocol.
   Article 2
   Financial contribution — Methods of payment
   1.   The financial contribution referred to in Article 7 of the Agreement shall comprise, for the period referred to in Article 1, an annual amount of EUR 325 000 equivalent to a reference tonnage of 5 000 tonnes per year and a specific amount of EUR 60 000 per year for the support and implementation of initiatives taken in the context of the Cape Verde sectoral fisheries policy. This specific amount shall be an integral part of the single financial contribution defined in Article 7 of the Agreement.
   2.   Paragraph 1 shall apply subject to Articles 4, 5 and 7 of this Protocol.
   3.   The Community shall pay the sum of the amounts referred to in paragraph 1, EUR 385 000, each year during the period of application of this Protocol.
   4.   If the overall quantity of catches by Community vessels in Cape Verde waters exceeds 5 000 tonnes per year, the amount of the financial contribution (EUR 325 000) shall be increased by EUR 65 for each additional tonne caught. However, the total annual amount paid by the Community shall not be more than twice the amount indicated in paragraph 1 (EUR 650 000). Where the quantities caught by Community vessels exceed the quantities corresponding to twice the total annual amount, the amount due for the quantity exceeding that limit shall be paid the following year.
   5.   Payment of the financial contribution referred to in paragraph 1 shall be made no later than 30 November 2006 for the first year and no later than 30 June 2007, 2008, 2009 and 2010 for the following years.
   6.   Subject to Article 6, the Cape Verde authorities shall have full discretion regarding the use to which this financial contribution is put.
   7.   The financial contribution shall be paid into a Public Treasury account opened with a financial institution specified by the Cape Verde authorities.
   Article 3
   Cooperation on responsible fishing — Annual scientific meeting
   1.   The parties hereby undertake to promote responsible fishing in Cape Verde waters on the basis of the principles laid down in the FAO's Code of conduct for responsible fisheries and the principle of non-discrimination between the different fleets fishing in those waters.
   2.   During the period covered by this Protocol, the Community and the Cape Verde authorities shall monitor the evolution of resources in the Cape Verde fishing zone.
   3.   In accordance with Article 4 of the Agreement, the parties, based on the recommendations and resolutions adopted within the International Commission for the Conservation of Atlantic Tunas (ICCAT) and the best available scientific advice, shall consult each other within the Joint Committee provided for in Article 9 where appropriate after a scientific meeting. Cape Verde may, in agreement with the Community, take measures to ensure the sustainable management of fisheries resources concerning the activities of Community vessels.
   Article 4
   Review of fishing opportunities by mutual agreement
   1.   The fishing opportunities referred to in Article 1 may be increased by mutual agreement provided that the conclusions of the scientific meeting referred to in Article 3(3) confirm that such an increase will not endanger the sustainable management of Cape Verde's resources. In this case the financial contribution referred to in Article 2(1) shall be increased proportionately and pro rata temporis. However, the total amount of the financial contribution paid by the European Community shall not be more than twice the amount indicated in Article 2(1). Where the quantities caught by Community vessels exceed twice the quantities corresponding to the adjusted total annual amount, the amount due for the quantity exceeding that limit shall be paid the following year.
   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 by mutual agreement between the parties, provided that any changes comply with recommendations made by the scientific meeting referred to in Article 3 regarding the management of stocks liable to be affected by such redistribution. The parties shall agree on the corresponding adjustment of the financial contribution where the redistribution of fishing opportunities so warrants.
   Article 5
   New fishing opportunities
   1.   Should Community vessels be interested in fishing activities which are not indicated in Article 1, the parties shall consult each other before any authorisation is granted by the Cape Verde authorities. Where appropriate, the parties shall agree on the conditions applicable to these new fishing opportunities and, if necessary, make amendments to this Protocol and to the Annex.
   2.   The parties should promote exploratory fishing, particularly as regards deep-sea species present in Cape Verde waters. To this end, at the request of one of the parties, they shall consult each other and determine on a case-by-case basis the relevant species, conditions and other parameters.
   The parties shall carry out exploratory fishing in accordance with parameters that shall be agreed by both parties in an administrative arrangement where appropriate. The authorisations for exploratory fishing should be agreed for a maximum period of six months.
   If the parties conclude that the exploratory campaigns have achieved positive results, the Cape Verde Government may allocate fishing opportunities for the new species to the Community fleet, until the expiry of this Protocol. The financial compensation referred to in Article 2(1) of the current Protocol shall consequently be increased.
   Article 6
   Suspension and review of the payment of the financial contribution on grounds of force majeure
   
   1.   Where unusual circumstances, other than natural phenomena, prevent fishing activities in the Cape Verde exclusive economic zone (EEZ), the European Community may suspend payment of the financial contribution provided for in Article 2(1), following consultations between the two parties within a period of two months following the request of one of the parties, and provided that the Community has paid in full any amounts due at the time of suspension.
   2.   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.
   3.   The validity of the licences granted to Community vessels under Article 6 of the Agreement shall be extended by a period equal to the period during which fishing activities were suspended.
   Article 7
   Promotion of responsible fishing in Cape Verde waters
   1.   Eighty percent (80 %) of the total amount of the financial contribution fixed in Article 2 shall be allocated each year to the support and implementation of initiatives taken in the context of the sectoral fisheries policy drawn up by the Government of Cape Verde.
   Cape Verde shall manage the corresponding amount in the light of objectives identified by mutual agreement between the parties, and the annual and multiannual programming to attain them.
   2.   For the purposes of paragraph 1, as soon as this Protocol enters into force and no later than three months after that date, the Community and Cape Verde shall agree, within the Joint Committee provided for in Article 9 of the Agreement, on a multiannual sectoral programme and detailed implementing rules covering, in particular:
   
               (a)
            
            
               annual and multiannual guidelines for using the percentage of the financial contribution referred to in paragraph 1 and its specific amounts for the initiatives to be carried out in 2007;
            
         
               (b)
            
            
               the objectives, both annual and multiannual, to be achieved with a view to promoting responsible fishing and sustainable fisheries, taking account of the priorities expressed by Cape Verde in its national fisheries policy and other policies relating to or having an impact on the introduction of responsible fishing and sustainable fisheries;
            
         
               (c)
            
            
               criteria and procedures for evaluating the results obtained each year.
            
         3.   Any proposed amendments to the multiannual sectoral programme or of the use of the specific amounts for the initiatives to be carried out in 2007 must be approved by both parties within the Joint Committee.
   4.   Each year, Cape Verde shall allocate the share corresponding to the percentage referred to in paragraph 1 with a view to implementing the multiannual programme. For the first year of application of the Protocol, that allocation must be notified to the Community at the time when the multiannual sectoral programme is approved within the Joint Committee. For each year of application of the Protocol thereafter, Cape Verde shall notify the Community of the allocation no later than 1 May of the previous year.
   5.   Where the annual evaluation of the progress made in implementing the multiannual sectoral programme so warrants, the European Community may ask for the financial contribution referred to in Article 2(1) of this Protocol to be readjusted with a view to bringing the actual amount of financial resources allocated to implementation of the programme into line with its results.
   Article 8
   Disputes — suspension of application of the Protocol
   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.
   2.   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.
   3.   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.
   4.   In the event of suspension, the parties shall continue to consult with a view to finding an amicable settlement to their dispute. Where such settlement is reached, application of the Protocol shall resume and the amount of the financial contribution shall be reduced proportionately and pro rata temporis according to the period during which application of the Protocol was suspended.
   Article 9
   Suspension of application of the Protocol on grounds of non-payment
   Subject to Article 6, if the Community fails to make the payments provided for in Article 2, application of this Protocol may be suspended on the following terms:
   
               (a)
            
            
               the competent Cape Verde authorities shall notify the European Commission of the non-payment. The latter shall make the necessary verifications and, where necessary, transmit the payment within no more than 60 working days of the date of receipt of the notification;
            
         
               (b)
            
            
               if no payment is made and non-payment is not adequately justified within the period provided for in Article 2(5) of this Protocol, the competent Cape Verde authorities shall be entitled to suspend application of the Protocol. They shall inform the European Commission of such action forthwith;
            
         
               (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 Cape Verde waters under this Protocol shall be governed by the applicable law in the Cape Verde, unless otherwise provided in the Agreement, this Protocol and the Annex and appendices hereto.
   Article 11
   Review clause
   The parties may review the provisions of the Protocol, the Annex and the appendices and, where necessary, make amendments mid-term.
   Article 12
   Repeal
   The Annex to the Agreement between the European Economic Community and Republic of Cape Verde on fishing off the coast of Cape Verde is hereby repealed and replaced by the Annex to this Protocol.
   Article 13
   Entry into force
   1.   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.
   2.   It shall apply with effect from 1 September 2006.