Council Decision of 9 June 2011 on the signing, on behalf of the European Union, and the provisional application of the Protocol agreed between the European Union and the Republic of Cape Verde setting out the fishing opportunities and the financial contribution provided for in the Fisheries Partnership Agreement between the two parties currently in force

The signing of the Protocol agreed between the European Union and the Republic of Cape Verde setting out the fishing opportunities and the financial contribution provided for in the Fisheries Partnership Agreement between the two parties currently in force is hereby authorised on behalf of the Union, subject to its conclusion. The text of the Protocol is attached to this Decision.

The President of the Council is hereby authorised to designate the person(s) empowered to sign the Protocol on behalf of the Union, subject to its conclusion.

The Protocol shall apply on a provisional basis from 1 September 2011, pending the completion of the procedures for its conclusion.

This Decision shall enter into force on the day of its adoption.

1 For a period of 3 years, the fishing opportunities provided to European Union vessels pursuant to Article 5 of the Fisheries Partnership Agreement shall be as follows: Highly migratory species (species listed in Annex 1 to the 1982 United Nations Convention on the Law of the Sea): freezer tuna seiners: 28 vessels, pole-and-line tuna vessels: 11 vessels, surface longliners: 35 vessels.

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

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 435000.

2 The financial contribution shall comprise: (a) an annual amount for access to the Exclusive Economic Zone (EEZ) of Cape Verde of EUR 325000, equivalent to a reference tonnage of 5000 tonnes per year; and (b) a specific amount of EUR 110000 per year for supporting the implementation of the sectoral fisheries policy of Cape Verde.

3 Paragraph 1 shall apply subject to Articles 3, 4, 5, 7 and 8 of this Protocol and Articles 12 and 13 of the Fisheries Partnership Agreement.

4 If the overall quantity of catches by European Union vessels in Cape Verdean waters exceeds 5000 tonnes per year, the amount of the financial contribution of EUR 325000 will 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 325000). Where the quantities caught by European Union 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 due under paragraph 2(a) and (b) above shall be made within 60 days of the entry into force of the Protocol for the first year and by the anniversary date of the Protocol for subsequent years.

6 The Cape Verdean 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 Public Treasury account opened with a financial institution specified by the Cape Verdean authorities.

1 No later than 3 months after the entry into force of this Protocol, the Parties shall agree, within the Joint Committee provided for in Article 9 of the Fisheries Partnership Agreement, 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(2)(b); (b) the objectives, both annual and multiannual, to be achieved with a view to introducing, over time, responsible and sustainable fishing, 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 and sustainable fishing; (c) criteria and procedures for evaluating the results obtained each year.

2 Any proposed amendments to the multiannual sectoral programme must be approved by both Parties within the Joint Committee, or on the basis of an exchange of correspondence.

3 Each year, the Cape Verdean authorities may decide to allocate an additional amount over and above the share of the financial contribution referred to in Article 2(2)(b) with a view to implementing the multiannual programme. This allocation shall be communicated to the European Union no later than two (2) months before the anniversary date of this Protocol.

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. Where this evaluation indicates that the objectives financed directly by the share of the financial contribution referred to in Article 2(2)(b) of this Protocol have not been satisfactorily achieved, the European Union reserves the right to reduce that share of the financial contribution with a view to adjusting the amount allocated to the implementation of the Programme in line with the results.

1 The two Parties hereby undertake to promote responsible fishing in Cape Verdean 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 Cape Verdean authorities will monitor the evolution of resources in the Cape Verdean fishing zone.

3 The two Parties shall comply with the recommendations and resolutions of the International Commission for the Conservation of Atlantic Tunas (ICCAT) regarding the responsible management of fisheries.

4 In accordance with Article 4 of the Fisheries Partnership Agreement, based on the recommendations and resolutions adopted within the ICCAT and the best available scientific advice, the Parties shall consult each other within the Joint Committee provided for in Article 9 of the Fisheries Partnership Agreement to take, where necessary after a scientific meeting and by mutual agreement, measures to ensure the sustainable management of fisheries resources concerning the activities of European Union vessels.

The fishing opportunities referred to in Article 1 may be adjusted by mutual agreement in so far as the recommendations and resolutions adopted by ICCAT confirm that this adjustment guarantees the sustainable management of the fishery resources covered by this Protocol. In this case, the financial contribution referred to in Article 2(2)(a) shall be adjusted proportionately and pro rata temporis and the necessary amendments shall be made to this Protocol and to its Annex.

1 The two parties shall cooperate with a view to improving landing options in Cape Verdean ports.

2 The Joint Committee shall define the methods to be used to achieve this and shall set the level of financial incentives to apply.

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

1 The financial contribution, as referred to in Article 2(2)(a) and (b), may be suspended if one or more of the following conditions apply: (a) unusual circumstances, other than natural phenomena, prevent fishing activities in the Cape Verdean EEZ; (b) following significant changes in the policy guidelines which led to the conclusion of this Protocol, one of the two Parties requests a review of the provisions with a view to a possible amendment thereof; (c) the European Union notes that there has been a violation in Cape Verde 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 reserves the right to suspend, partially or totally, the payment of the specific financial contribution provided for in Article 2(2)(b) of this Protocol: (a) if the results obtained are inconsistent with the programming, following an evaluation carried out by the Joint Committee; (b) in the event of failure to implement this financial contribution.

3 Payment of the financial contribution shall resume after consultation and agreement by the two Parties, as soon as the situation existing prior to the events mentioned in paragraph 1 has been re-established and/or if the results of the financial implementation referred to in paragraph 2 so warrant.

1 The implementation of this Protocol may be suspended at the initiative of one of the two Parties if one or more of the following conditions apply: (a) unusual circumstances, as defined in Article 7.3(a) of the Fisheries Partnership Agreement, prevent fishing activities in the Cape Verdean EEZ; (b) following significant changes in the policy objectives which led to the conclusion of this Protocol, one of the two Parties requests a review of the provisions with a view to a possible amendment thereof; (c) one of the two Parties violates one of the essential and fundamental elements of human rights and democratic principles as provided for in Article 9 of the Cotonou Agreement; (d) there is non-payment of the financial contribution provided for in Article 2(2)(a) by the European Union, for reasons other than those provided for in Article 7 of this Protocol; (e) a dispute which has not been settled in the Joint Committee is ongoing between the two Parties; (f) one of the two Parties does not comply with the provisions of this Protocol and the Annex and appendices hereto.

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 3 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.

1 Cape Verde and the EU 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 Once the systems provided for in paragraph 1 of this Article are operational, the electronic version of a document will be considered to be the equivalent of a paper document in every way.

3 Cape Verde 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.

Cape Verde shall install as soon as possible a satellite monitoring system (VMS) for fishing vessels fishing in its waters. Once this system has been set up, the provisions defined in the Annex to this Protocol will apply.

Cape Verde undertakes to process all data relating to EU vessels and their fishing activities obtained within the framework of the Agreement in a confidential manner at all times and to use them exclusively for the purposes of implementing the Agreement.

1 The activities of European Union fishing vessels operating in the waters of Cape Verde under this Protocol shall be governed by the legislation in force in Cape Verde, in particular the provisions of the Cape Verdean fisheries resources management plan, unless the Fisheries Partnership Agreement, this Protocol and its Annex and appendices provide otherwise.

2 The Cape Verdean authorities shall inform the European Commission of any change or any new legislation relating to the fishing sector.

This Protocol and the Annex hereto shall apply for a period of 3 years from the provisional application in accordance with Article 15, unless notice of termination is given in accordance with Article 14.

1 In the event of termination of the Protocol, the Party concerned shall notify the other Party in writing of its intention to terminate it at least 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.

This Protocol shall apply provisionally as from 1 September 2011.

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.