2013/303/EU: Council Decision of 29 May 2013 on the signature, on behalf of the Union, and the provisional application of the Protocol setting out fishing opportunities and the financial contribution provided for in the Agreement between the European Union and the Republic of Côte d’Ivoire (2013-2018)

The signing of the 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 (2013-2018) (hereinafter the ‘new Protocol’) is hereby authorised on behalf of the Union, subject to its conclusion. The text of the new Protocol is attached to this Decision.

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

The new Protocol shall, in accordance with Article 13 thereof, be applied on a provisional basis as from 1 July 2013, pending the completion of the procedures for its conclusion.

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

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.

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 680000.

2 The financial contribution comprises: (a) an annual amount of EUR 422500 for access to the Ivorian fishing zone equivalent to a reference tonnage of de 6500 tonnes per year; and (b) a specific amount of EUR 257500 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 422500). 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.

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.

2 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.

3 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.

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.

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.

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.

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.

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: (a) unusual circumstances, as defined in Article 2(h) of the Fisheries Partnership Agreement, preventing fishing activities in the Ivorian fishing zone; (b) significant changes in the formulation or implementation of the fisheries policy of 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; (d) 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 9 of this Protocol; (e) a serious and unresolved dispute between the two parties on the application or the 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.

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: (a) unusual circumstances, as defined in Article 2(h) of the Fisheries Partnership Agreement, preventing fishing activities in the Ivorian fishing zone; (b) significant changes in the formulation or implementation of the fisheries policy of 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 re-established, 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.

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.

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.

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.

This Protocol shall apply provisionally as from 1 July 2013.

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.