ANNEX

CONDITIONS GOVERNING FISHING ACTIVITIES BY UNION VESSELS IN CABO VERDE'S FISHING ZONE

CHAPTER I

GENERAL PROVISIONS

1.   Designation of the competent authority

For the purposes of this Annex and unless otherwise specified, any reference to the Union or to Cabo Verde as a competent authority shall mean:

(a)	For the Union: the European Commission, where applicable via the Union delegation to Cabo Verde;

(b)	for Cabo Verde: the Ministry responsible for fisheries.

2.   Fishing zone

The coordinates of Cabo Verde's fishing zone are those specified in Appendix 1. Union vessels may carry out their fishing activities past the limits drawn from the base line laid down for each vessel category in Appendix 2, with Cabo Verdean fishers retaining exclusive fishing rights up to those limits.

Cabo Verde shall, when issuing the fishing authorisation, inform the vessel owners of the coordinates of any zones closed to shipping and fishing. The Union shall also be informed.

3.   Appointment of a local agent

Any Union vessel which plans to land or tranship in a Cabo Verdean port may be represented by an agent resident in Cabo Verde.

4.   Bank account

Cabo Verde shall notify the Union before the entry into force of this Protocol of the details of the bank account(s) into which the financial sums payable by Union vessels under the Agreement should be paid. The associated bank transfer costs shall be borne by the operators.

CHAPTER II

FISHING AUTHORISATIONS

SECTION 1

APPLICABLE PROCEDURES

1.   Condition for obtaining a fishing authorisation – eligible vessels

The fishing authorisations referred to in Article 6 of the Agreement shall be issued on condition that the vessel is entered in the Union register of fishing vessels. Fishing authorisations shall be processed in accordance with Regulation (EU) 2017/2403 (1) of the European Parliament and of the Council on the sustainable management of external fishing fleets. All previous obligations of the operator, the master, or the vessel itself arising out of their fishing activities in Cabo Verde under the Agreement must have been met before such issuance.

2.   Application for a fishing authorisation (LICENCE system)

2.1.

The Union shall submit to the competent Cabo Verdean authorities an application for a fishing authorisation for each Union vessel intending to fish under the Agreement at least 15 working days before the start of the period of validity requested.

2.2.

Applications for fishing authorisations may be electronically transmitted and authorisations issued through the LICENCE system, that is the electronic fishing authorisation management system made available by the European Commission. European Commission departments shall cooperate with the authorities of Cabo Verde in order to facilitate progressive use of the LICENCE system. Cabo Verde shall inform the European Commission as soon as it is able to use the LICENCE system.

2.3.

Fishing authorisations shall be transmitted by email until the LICENCE system is fully operational and Cabo Verde is able to use it.

2.4.

Each application for a fishing authorisation shall contain the information listed in Appendix 4 and the following documents: (a) proof of payment of the advance fee for the relevant annual period of authorisation and of the costs relating to the observer referred to in Chapter IX, paragraph 3. The advance payment is non-refundable unless the application is cancelled before the permit has been issued; in this case it may be credited to the operator for another application or paid back to the operator; (b) a recent digital colour photograph of adequate resolution of the vessel, showing a detailed lateral view with the vessel's name and identification number clearly visible on the hull; (c) a copy of the vessel' registration certificate.

When a fishing authorisation is renewed under this Protocol, the application for renewal shall contain only the information provided for in Appendix 4 and proof of payment of the advance fee and of the costs relating to the observer.

3.   Issuing of fishing authorisations

The Cabo Verdean authorities shall issue the original fishing authorisation to the operator, or to their agent, within 15 working days of receipt of the complete application.

Once the fishing authorisation has been issued, the Cabo Verdean authorities shall promptly upload an electronic copy of the signed original to the LICENCE system, once it has become fully operational, or, in the meantime, send it by email to the Union authorities.

Authorised Union vessels shall keep the vessel's original fishing authorisation on board. Nevertheless, an electronic version of the fishing authorisation may be used for a maximum period of 60 calendar days after it was issued. During this period, the copy shall be considered equivalent to the original.

4.   Malfunction of the LICENCE system

4.1.

Where difficulties arise in the transmission of information between the European Commission and Cabo Verde through the LICENCE system, fishing authorisations shall be exchanged electronically by email until the system is operational again.

4.2.

Each Party shall update the relevant information in the LICENCE system as soon as the system has been restored.

5.   List of vessels authorised to fish

Once the fishing authorisations have been issued, Cabo Verde shall promptly draw up the final list of vessels authorised to fish in Cabo Verde's zone for each category of vessel. This list shall be sent immediately to the national body responsible for supervising fishing and to the Union. Vessels may commence fishing activities as soon as they have been included in this list.

6.   Period of validity of fishing authorisations

Fishing authorisations shall be valid for an annual period and shall be renewable.

‘Annual period’ shall mean:

(a)	for the first year of application of this Protocol, the period between the date of its entry into force and 31 December of the same year;

(b)	thereafter each complete calendar year;

(c)	for the last year of application of this Protocol, the period between 1 January and the date of expiry of this Protocol.

7.   Keeping the fishing authorisation on board

The original of the fishing authorisation, or a copy thereof for the maximum period referred to in paragraph 3, shall be kept on board the vessel.

8.   Transfer of fishing authorisations

8.1.

A fishing authorisation shall be issued for a given vessel and shall not be transferable. However, where force majeure is documented, for example in the event of the loss or prolonged immobilisation of a vessel due to a serious technical failure, and at the Union's request, the fishing authorisation shall be replaced, without any additional fee, by a new authorisation issued for another vessel similar to the vessel to be replaced.

8.2.

The transfer shall involve the fishing authorisation to be replaced being returned by the operator or its agent in Cabo Verde, and Cabo Verde drawing up the replacement authorisation as soon as possible. The replacement authorisation shall be issued to the operator or its agent as soon as possible after the authorisation to be replaced has been returned. The replacement authorisation shall take effect on the day on which the authorisation to be replaced is returned.

8.3.

The Parties shall update the information relating to this transfer in LICENCE.

8.4.

Cabo Verde shall update the list of vessels authorised to fish as soon as possible. The new list shall be sent immediately to the national body responsible for supervising fishing and to the Union.

9.   Support vessels

At the request of the Union, and following an examination by the competent authorities, Cabo Verde shall authorise Union fishing vessels holding a fishing authorisation to be assisted by support vessels.

The support vessels shall not be equipped for fishing. The support provided must not include refuelling or the transhipment of catches.

Support vessels shall, to the extent applicable to them, be subject to the application procedure set out in this Chapter for fishing authorisations. Cabo Verde shall draw up a list of authorised support vessels and send it to the Union immediately.

These vessels shall be subject to the payment of an annual fee of EUR 3 500.

If the fishing authorisation of a support vessel is cancelled before the licence has been issued by the Cabo Verdean authorities, or before the vessel has commenced operations in Cabo Verde's fishing zone, the amount paid shall be reimbursed. It may also be credited to the operator or producer association and be used for another payment.

SECTION 2

FEES AND ADVANCE PAYMENTS

1.

The fees to be paid by the operators shall be as follows: (a) for seiners: EUR 80 per tonne caught during the first three annual periods (2); EUR 85 per tonne caught during the last three annual periods; (b) for longliners and pole-and-line vessels: EUR 75 per tonne caught during the first three annual periods (3); EUR 80 per tonne caught during the last three annual periods.

2.

Fishing authorisations shall be issued once the following flat-rate advance fees have been paid to the competent Cabo Verdean authorities: (a) for tuna seiners: EUR 6 800 for a full calendar year, equivalent to 85 tonnes where the fee of EUR 80 per tonne applies and 80 tonnes where the fee of EUR 85 per tonne applies; (b) for pole-and-line vessels: EUR 1 500 for a full calendar year, equivalent to 20 tonnes where the fee of EUR 75 per tonne applies and 18,75 tonnes where the fee of EUR 80 per tonne applies; (c) for longliners: EUR 3 900 for a full calendar year, equivalent to 52 tonnes where the fee of EUR 75 per tonne applies and 48,75 tonnes where the fee of EUR 80 per tonne applies.

3.

The flat-rate advance fee shall include all local and national taxes with the exception of port taxes, transhipment taxes and charges for the provision of services. For the first and the last annual period, the flat-rate advance fee and its equivalent in tonnes per vessel shall be calculated pro rata temporis. The flat-rate advance fees and the balances referred to in paragraph 5 shall be paid into a specific account of the Republic of Cabo Verde, the references of which shall be provided by Cabo Verde.

4.

The Union shall draw up for each vessel, on the basis of its catch reporting, a final statement of the fees owed for the vessel in respect of its activities during the previous annual period. The Union shall send this final statement to Cabo Verde and to the vessel owner via the Member States before 30 April of the current year. Cabo Verde may challenge the final statement, on the basis of documentary proof, within 30 days of its receipt. In the case of disagreement, the Parties shall consult each other in the Joint Committee. If Cabo Verde does not object within 30 days, the final statement shall be considered to be adopted.

5.

Where the final statement is greater than the flat-rate advance fee paid to obtain the fishing authorisation, the operator shall pay the outstanding balance to Cabo Verde within 45 days, unless they contest the amount. However, if the final statement is less than the flat-rate advance fee, the remaining amount may not be recovered by the operator.

CHAPTER III

TECHNICAL CONSERVATION MEASURES

Technical measures applicable to vessels holding a fishing authorisation, with respect to fishing zones, fishing gear and by-catch, are laid down in Appendix 2 for each category of fishing.

Vessels shall comply with measures and recommendations adopted by the ICCAT for the region with respect to fishing gear and fish aggregating devices (FADs), the technical specifications thereof and all other technical measures applicable to their fishing activities.

In line with those measures and recommendations, the Parties shall endeavour to reduce the level of by-catches of turtles, seabirds and other non-target species. Union vessels shall release any such by-catches so as to boost the chances of survival of the species concerned.

CHAPTER IV

CATCH REPORTING

SECTION 1

RECORDING IN THE FISHING LOGBOOK AND TRANSMISSION BY ERS OF CATCH DATA

1.

The master of a Union fishing vessel holding a fishing licence issued under this Protocol shall keep a fishing logbook in accordance with the relevant ICCAT recommendations and resolutions. The master shall be responsible for the accuracy of the data recorded in the fishing logbook.

2.

All Union fishing vessels holding a fishing licence issued under this Protocol shall be equipped with an electronic reporting system (‘ERS’) capable of recording and transmitting data on the vessel's fishing activity (‘ERS data’).

3.

A Union fishing vessel that is not equipped with an ERS, or whose ERS is not working, shall not be authorised to enter Cabo Verde's fishing zone in order to engage in fishing activities.

4.

The fishing logbook shall be filled in by the master for each day the vessel is present in Cabo Verde's fishing zone. ERS data shall be transmitted by the vessel to its flag State, which shall make them automatically available to the Cabo Verdean fisheries monitoring centre (FMC).

5.

ERS data shall be transmitted using the electronic means of communication managed by the European Commission for exchanging fisheries data in a standardised form. The technical requirements for ERS transmission are set out in Sections 1 and 3 of Appendix 5.

6.

In the case of non-compliance with this Chapter, the Cabo Verdean authorities shall have the right to suspend the fishing authorisation of the offending vessel until formalities have been completed and to impose on the operator the penalty provided for in current Cabo Verdean legislation. The Union and the flag State shall be informed thereof. However, if a technical defect affects ERS data between the Parties' FMCs, Union vessels affected by that defect shall not be considered to be in a situation of non-compliance.

SECTION 2

QUARTERLY REPORTING OF AGGREGATED CATCH DATA

1.

The Union shall notify Cabo Verde, before the end of the third month of each quarter, of the catch data for the months of the preceding quarter or quarters of the current year. This data shall be presented monthly, broken down by type of fishing, by vessel and by species identified by its FAO code.

2.

Such aggregated data from the fishing logbooks shall be considered provisional until the Union authorities have submitted a final annual statement of catches and fishing effort in accordance with Chapter II, Section 2.

3.

Cabo Verde shall use this data and shall report any inconsistencies with the data received by ERS transmission in accordance with Section 1 of this Chapter.

CHAPTER V

LANDINGS AND TRANSHIPMENTS

1.   Notification and declaration

The master of a Union vessel wishing to land catches in a Cabo Verdean port or tranship catches taken in Cabo Verde's fishing zone shall comply with ICCAT recommendations setting out the time limits for transmission and the data to be transmitted to Cabo Verde, as Port State, for:

(a)	advance requests for port entry (4);

(b)	prior transhipment notifications (5);

(c)	transhipment declarations (6).

Furthermore, declarations of landings in Cabo Verdean ports shall also be sent to Cabo Verde, within the same time limits and in the same format as those specified for sending them to the flag State.

2.   Arrangements for the submission of notifications and declarations

The notifications and declarations referred to in this Chapter shall be submitted preferably by ERS transmission between the flag State and the Cabo Verdean authorities. However, if the information to be provided in these notifications and declarations is not transmitted by ERS in its entirety, the operator shall submit all the information concerning the event in question by email to the Cabo Verdean authorities, which shall then acknowledge receipt without delay.

Any transhipment operation must be carried out in the waters of a Cabo Verdean port authorised for this purpose. Transhipment at sea is prohibited.

Non-compliance with these conditions shall lead to imposition of the relevant penalties provided for in Cabo Verdean legislation.

3.   Checks on operations

Cabo Verde shall carry out checks on transhipment and landing operations in ports in accordance with its obligations under the agreement on port State measures. Masters of Union vessels carrying out landings or transhipments shall accept checks on those operations. The inspection procedures set out in Chapter VI, paragraph 3, shall apply.

At the request of the inspectors, the master shall facilitate access to information on the vessel's health approval.

4.   Landing incentives

The Parties shall cooperate to help develop Cabo Verde's fishing industry and enhance the economic and social impact of the Agreement, in particular by increasing landings by Union vessels and adding value to fishery products.

Operators of tuna vessels shall endeavour to land part of their catches from Cabo Verdean waters. The landed catch may be sold to local enterprises at a price set by negotiation between the operators.

The implementation of the strategy aimed at increasing the rate of landings and the good working order of the port and processing infrastructure shall be subject to regular monitoring by the Joint Committee, following consultation of the operators concerned.

The Cabo Verdean authorities shall take the necessary measures to allow easy access to port for Union vessels wishing to land their catch.

CHAPTER VI

SUPERVISION AND INSPECTION

1.   Entry into and exit from the fishing zone

Any entry into or exit from Cabo Verde's fishing zone of a Union vessel holding a fishing authorisation must be notified to Cabo Verde within 3 hours before the entry or exit.

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

(a)	the date, time and point of passage scheduled;

(b)	the quantity of each species held on board, identified by its FAO 3-alpha code and expressed in kilograms of live weight or, if necessary, the number of individual fish.

If the exit is cancelled this must also be promptly notified. Entry and exit notifications shall preferably be transmitted by ERS or, failing that, by means of email or radio. Cabo Verde shall immediately inform the vessels concerned and the Union of any changes to the email address or transmission frequency.

Any vessel found to be fishing in Cabo Verde's fishing zone without having previously notified its entry shall be considered to be a vessel in breach of the rules.

Notification shall be given preferably through ERS or, in the event of malfunction of the system, by email. The Cabo Verdean authorities shall immediately notify the vessels concerned and the Union of any changes to the email address.

2.   VMS vessel position data – Vessel monitoring device

All Union vessels authorised under this Protocol must be equipped with a fully operational and connected vessel monitoring device allowing them to be automatically located and identified by means of a tracking device through automatic transmission of vessel position data at regular intervals (‘VMS data’).

It shall be forbidden to move, disconnect, destroy, damage or render inoperative the continuous tracking device using satellite communications placed on board the vessel for the purposes of data transmission, or to intentionally alter, divert or falsify data transmitted or recorded by such a system.

Whilst they are in Cabo Verde's fishing zone, Union vessels holding a fishing authorisation must ensure automatic and continuous transmission of their position, at all times, to the FMC of their flag State. This data shall be made available to Cabo Verde as specified in Appendix 5.

Union vessels shall not be considered to be in a situation of non-compliance in the event of a technical defect in the transmission of VMS data between the relevant FMCs.

Each position message must contain the most recent geographical position of the vessel (longitude, latitude), with a margin of error of less than 500 metres and a confidence interval of 99 %, and the information referred to in Appendix 5 in the specified format.

3.   Inspections

Inspection of Union vessels holding a fishing authorisation, either at sea in Cabo Verde's fishing zone or in port, shall be carried out by Cabo Verdean vessels and inspectors who are clearly identified as being assigned to carry out fishing checks.

Before going on board, the Cabo Verdean inspectors shall inform the Union vessel of their decision to carry out an inspection. The inspection shall be carried out by a maximum of two inspectors, who must provide proof of their identity and official position as an inspector before carrying out the inspection.

The Cabo Verdean inspectors shall only stay on board the Union vessel for the time necessary to carry out tasks linked to the inspection. They shall carry out the inspection in a way which minimises the impact on the vessel, the fishing activity and the cargo.

The master of the Union vessel shall allow the Cabo Verdean inspectors to come on board and carry out their work.

At the end of each inspection, the Cabo Verdean inspectors shall draw up an inspection report. The master of the Union vessel shall have the right to add comments to the inspection report. The inspection report shall be signed by the inspector drawing up the report and the master of the Union vessel.

The Cabo Verdean inspectors shall give a copy of the inspection report to the master of the Union vessel before leaving the vessel. Cabo Verde shall send a copy of the inspection report to the Union within a period of 8 days after the inspection.

The Cabo Verdean authorities may authorise the Union authorities to participate in inspection as an observer.

4.   Joint inspections

The Parties may, on the basis of a risk assessment, agree to carry out joint inspections on Union vessels, in particular during landing and transhipment operations, in order to ensure compliance with both Union and Cabo Verdean legislation. Inspectors deployed by the Parties to carry out such inspections shall comply with the provisions on the conduct of inspections laid down in EU and Cabo Verdean legislation, respectively, in the exercise of their duties.

In the context of their responsibilities as flag and coastal States, the Parties may decide to cooperate on monitoring actions in accordance with their relevant legislation. In addition, at the request of the Union, the Cabo Verdean authorities may authorise fisheries inspectors from Union Member States to carry out inspections on Union vessels flying their flag, within the limits of their competence under their national legislation.

Where the provisions set out in this Chapter are not complied with, the Cabo Verdean authorities shall have the right to suspend the fishing authorisation of the offending Union vessel until formalities have been completed and to apply the penalty laid down in current Cabo Verdean legislation. The flag Member State of the Union and the Union shall be informed thereof.

5.   Participatory surveillance in the fight against IUU fishing

In order to strengthen the fight against IUU fishing, masters of Union vessels shall report the presence of any vessels in Cabo Verde's fishing zone that appear to be engaged in activities that could constitute IUU fishing, providing as much information about what they have observed as possible. Observation reports shall be sent without delay to the Cabo Verdean authorities and to the competent authority of the flag Member State of the vessel having made the observation, which shall immediately transmit them to the Union or to a body designated by it. The Cabo Verdean authorities shall send any observation reports they receive on Union vessels engaged in activities that may constitute IUU fishing in Cabo Verde's fishing zone to the Union.

CHAPTER VII

INFRINGEMENTS

1.   Handling of infringements

Any infringement committed by a Union vessel holding a fishing authorisation under this Annex shall be set out in an inspection report.

The signing of the inspection report by the master shall be without prejudice to the operator's right of defence in respect of the alleged infringement.

2.   Detention of a vessel – information meeting

Any Union vessel having committed an infringement may be obliged to cease its fishing activity and, where the vessel is at sea, to return to a Cabo Verdean port if this is provided for by current Cabo Verdean legislation in respect of the reported infringement.

Cabo Verde shall notify the Union within one working day of any detention of a Union vessel holding a fishing authorisation. The notification must be sent together with elements justifying the detention.

Before taking any measure against the vessel, the master, the crew or the cargo – with the exception of measures aimed at securing evidence – Cabo Verde shall, at the request of the Union and within one working day of notification of the vessel's detention, organise an information meeting to clarify the facts having led to the vessel being detained and to explain what further action may be taken. A representative of the vessel's flag State may attend the information meeting.

3.   Penalties for infringements – settlement procedure

The penalty for the reported infringement shall be set by Cabo Verde in accordance with current national legislation.

Where settling the infringement involves legal proceedings, provided that the infringement does not involve a criminal act, a settlement procedure shall be launched between Cabo Verde and the Union before the legal proceedings are instigated with a view to determining the terms and level of the penalty. A representative of the vessel's flag State may participate in this settlement procedure. The settlement procedure shall finish at the latest 3 days after notification of the vessel's detention.

4.   Legal proceedings – bank security

If the settlement procedure fails and the infringement is brought before the competent court, the operator of the vessel that committed the infringement shall deposit a bank security at a bank designated by Cabo Verde, the amount of which, as set by Cabo Verde, shall cover the costs linked to the vessel's detention, the estimated fine and any compensation. Release of the bank security may be made subject to conclusion of the legal proceedings.

Once judgment has been rendered, the bank security shall immediately be released and returned to the operator:

(a)	in full, if no penalty has been imposed;

(b)	for the amount of the remaining balance, if the penalty is a fine which is lower than the amount of the bank security.

Cabo Verde shall inform the Union of the outcome of the legal proceedings within 8 days of the judgement being rendered.

5.   Release of the vessel and the crew

The vessel and its crew shall be authorised to leave the port once the bank security has been deposited, or once the penalty has been paid in the case of a settlement procedure.

CHAPTER VIII

EMPLOYMENT OF ACP FISHERS ON BOARD UNION VESSELS

For the purposes of this Chapter, ‘fishing vessel owner’ means the owner of the fishing vessel or any other organisation or person, such as the manager, agent or bareboat charterer, who has assumed responsibility for operating the vessel from the owner and who, on assuming such responsibility, has agreed to take over the duties and responsibilities imposed on fishing vessel owners under the terms of this Protocol, regardless of whether any other organisation or person fulfils some of those duties or responsibilities on behalf of the fishing vessel owner.

1.   Required number of ACP fishers to be signed on

1.1.

The fishing vessel owner shall sign on African, Caribbean, Pacific (ACP) fishers to work on board their vessel as crew members for the duration of the vessel's fishing activities under this Protocol.

1.2.

The minimum number of fishers to be signed on under paragraph 1.1 shall be as follows: (a) the tuna seiner fleet shall sign on at least six fishers; (b) the pole-and-line tuna fleet shall sign on at least two fishers; (c) the surface longliner fleet shall sign on at least five fishers. Union fishing vessel owners shall endeavour to sign on additional Cabo Verdean seafarers.

1.3.

The fishers to be signed on under paragraph 1.1 shall meet the requirements of the flag State's legislation transposing Council Directive (EU) 2017/159 (7), including as regards passports, seafarer's books, medical certificates and basic training certificates. The list of requirements resulting from that legislation shall be sent by the flag States to the Cabo Verdean authorities sufficient time in advance. The ACP fishers to be signed on under paragraph 1.1 must be able to understand the working language used on board the fishing vessel and to give orders and instructions and report back in that language.

1.4.

The competent Cabo Verdean authorities shall draw up a list of fishers with the required skills, which it shall regularly update and send to fishing vessel owners.

1.5.

The master shall draw up, date, and sign a crew list that complies with Form 5 of the IMO Convention on Facilitation of International Maritime Traffic (FAL Convention) and send a copy of the list to the designated authorities of Cabo Verde before the vessel leaves the port area.

1.6.

The fishing vessel owner, or the master on their behalf, shall refuse to take a fisher on board their vessel if they do not comply with the requirements laid down in paragraph 1.3.

2.   Working conditions

The conditions under which the ACP fishers are taken on board shall comply with the legislation of the Flag State transposing Directive (EU) 2017/159, including as regards hours of work and rest, rights of repatriation and occupational safety and health.

3.   Fisher's work agreement

3.1.

For each fisher engaged on board a Union vessel pursuant to point 1.1, a written work agreement shall be negotiated and signed by both the fisher and the employer.

3.2.

This agreement shall comply with the requirements of the legislation of the Flag State transposing Directive (EU) 2017/159 (Annex I to the Directive).

4.   Remuneration of fishers

4.1.

The cost of remuneration and any additional labour costs shall be borne directly or, if the fisher is employed by a private labour market service, indirectly by the fishing vessel owner.

4.2.

ACP fishers should be guaranteed a monthly or regular wage, preferably paid by bank transfer, irrespective of the actual amount of fish caught and/or sold. The wage shall be fixed by mutual agreement between the fishing vessel owner or their agent and the fishers and/or their trade unions or representatives. Where no collective bargaining agreement has been concluded and the minimum basic wage of the flag State does not apply, the basic wage conditions granted to ACP fishers shall not be inferior to those applied to crew from the relevant country and shall under no circumstances be below the ILO standards for seafarers meant to provide an international safety net to protect and help ensure decent work for seafarers.

4.3.

Fishers shall not have to bear any costs associated with the payments received. Fishers shall be given the means to transmit all or part of the payments received, including advance payments, to their families at no cost.

4.4.

Fishers must receive a payslip for every settled remuneration and, if they so request, proof that their wages have been paid.

5.   Social security

Cabo Verde shall ensure that fishers ordinarily resident in its territory, and their dependants to the extent provided in national legislation, are entitled to benefit from social security protection under conditions no less favourable than those applicable to other workers, including employed and self-employed persons, ordinarily resident in its territory.

6.   Private labour market services

6.1.

Private labour market service means: (a) a recruitment and placement service, meaning any person, company, institution, agency or other organisation in the public or private sector recruiting fishers on behalf of fishing vessel owners or placing fishers with vessel owners; (b) a private employment agency, meaning any person, company, institution, agency or other organisation in the private sector employing or engaging fishers with a view to making them available to fishing vessel owners, who then assign tasks to them and supervise the execution of those tasks.

6.2.

The competent Cabo Verdean authorities shall ensure that Cabo Verdean agents providing private labour market services to both fishers and fishing vessel owners: (a) do not use any means, mechanisms or lists aimed at preventing or deterring fishers from finding work; (b) do not directly or indirectly charge fishers any fees or other charges, in money or in kind, in whole or in part, for their labour market services; (c) do not provide any loans, goods, or services to a fisher to be repaid or paid for by the fisher; (d) do not deduct from the fisher's remuneration any amount as (re)payment of any loans, goods or services provided prior to the fisher's employment, and (e) ensure that: (i) the fisher's work agreement complies with this Chapter and with the laws, regulations and collective bargaining agreements governing it; (ii) the fisher's work agreement is drawn up in a language which the fisher understands and in the official or working language of the Union fishing vessel concerned; (iii) recruited fishers are informed of their rights and obligations before they sign their work agreement; (iv) the necessary measures are taken to enable recruited fishers to examine and seek advice on the terms of their work agreement before signing it; (v) the recruited fishers receive a signed copy of their work agreement; (vi) the fishers comply with their obligations under this Chapter; and (vii) the fishing vessel owner is provided, in good time, with a copy of each payslip and, if the agent handles the payment of remunerations, proof of payment of each remuneration.

6.3.

The competent Cabo Verdean authorities shall ensure that Cabo Verdean agents employing fishers in order to place them on board Union fishing vessels sign work agreements with those fishers clearly stating that the agents employ them. The agreements shall be made available to fishing vessel owners, who will assign tasks to the fishers and supervise the execution of those tasks.

6.4.

By way of exemption from paragraph 6.2(b), the costs of obtaining a seaman's book, a medical certificate and a passport shall be borne by the fisher or by another person or organisation as laid down by the relevant legislation, the fisher's work agreement or any collective bargaining agreement. The costs of obtaining a visa and work permit, if required, shall be paid by the employer.

7.   Compliance with this Chapter

7.1.

The competent authorities of both Parties shall ensure that the legislation applicable to fishers is easily accessible, free of charge, in a comprehensive and transparent form.

7.2.

The Cabo Verdean authorities shall ensure that this Chapter is duly implemented in line with their obligations under international law and in accordance with their obligations under this Chapter.

7.3.

The authorities of the flag State shall ensure that Sections 1, 2 and 3 are duly implemented on board vessels flying their flag. They shall exercise their responsibility in accordance with the ILO Guidelines for Flag State Inspection of Living and Working Conditions on Fishing Vessels.

7.4.

Fishing vessel owners shall be exempted from paying the lump sum referred to in point 8 in the following cases: (a) where ta fisher included in the list referred to in point 1.4 appears to not comply with the requirements set out in point 1.3, (b) where a fisher who has signed a work agreement in accordance with paragraph 3.1 fails to report to the master on the date and at the time specified in the agreement, (c) where the Cabo Verdean authorities fail to provide the list referred to in point 1.4.

7.5.

The Joint Committee shall monitor compliance with the obligations laid down in this Chapter.

8.   Failure to sign on fishers

Fishing vessel owners who fail to sign on Cabo Verdean fishers shall be required to pay, before 30 September of the current year, a flat rate of EUR 20 for each fisher below the number laid down in section 1, for each day their vessels are located in Cabo Verde's fishing zone.

CHAPTER IX

OBSERVERS

1.   Observation of fishing activities

Pending the implementation of a system of regional observers, vessels authorised to fish in Cabo Verde's fishing zone under the Agreement shall take on board, instead of regional observers, observers designated by Cabo Verde in accordance with the rules set out in this Chapter.

Vessels holding a fishing authorisation shall be subject to a scheme for observing the fishing activities they carry out under the Agreement.

This observation scheme shall comply with the provisions laid down in ICCAT recommendations.

2.   Designated vessels and observers

Without prejudice to the provisions in Section 1, the Parties undertake to put in place the necessary technical and logistical conditions for vessels to take on board a minimum number of observers, under the following conditions and limits:

(a)	for the purse seine fleet, at least one scientific observer shall be taken on board per vessel, for up to a maximum of three randomly selected vessels;

(b)	for the longliner fleet, at least one scientific observer shall be taken on board per vessel, for up to a maximum of three randomly selected vessels;

(c)	for the pole-and-line fleet, at least one scientific observer shall be taken on board per vessel, for up to a maximum of two randomly selected vessels.

Cabo Verde shall designate the Union vessels which must allow an observer to board and the observer assigned to them at the latest 15 days before the observer is scheduled to embark.

At the time of issuing the fishing authorisation, Cabo Verde shall inform the Union and the operators, or their agent, of the designated vessels and observers and of the times at which the observer will be present on board each vessel. Cabo Verde shall immediately inform the Union and the operator or their agent of any changes in the designated vessels and observers.

Cabo Verde shall endeavour not to designate observers for vessels which already have an observer on board, or which are already formally obliged to allow an observer to board during the fishing season in question as part of their activities in fishing zones other than Cabo Verde's zone.

The observers shall not spend more time on board the vessel than is necessary to carry out their duties.

All observers on board Union vessels must have received the necessary training to ensure their safety on board and be able carry out their observer duties.

Cabo Verde shall provide training for its observers. Observers shall be trained taking into account the procedures in place for observer duties on board Union vessels with the aim of harmonising and coordinating national observer programmes.

The Parties agree to explore the possibilities of including an electronic monitoring system in their observation programmes. Cabo Verde and the Union shall cooperate with the other coastal States of the eastern Atlantic Ocean with a view to a concerted regional implementation of observer programmes within the framework of ICCAT.

3.   Flat-rate financial contribution

At the time of paying the fee, operators shall pay Cabo Verde a flat-rate sum of EUR 200 per year for each vessel.

4.   Observer's salary

The salary and social contributions of the observer shall be borne by Cabo Verde.

5.   Boarding conditions

The boarding conditions for the observer, in particular the duration of their presence on board, shall be defined by mutual agreement between the operator or their agent and Cabo Verde.

Observers shall be treated as officers when on board. However, account must be taken of the technical structure of the vessel when the observer is received on board.

The operator shall bear the costs of providing accommodation and food on board.

The master shall do everything in their power to ensure the physical safety and welfare of the observer.

The observer shall be provided with every facility needed to carry out their duties. They shall have access to means of communication and documents relating to the vessel's fishing activities, in particular the fishing logbook and navigation log, and to the parts of the vessel which are directly linked to their duties.

6.   Observer's duties

While on board, observers shall:

(a)	take all appropriate measures so as not to interrupt or hinder fishing operations;

(b)	respect on-board property and equipment;

(c)	respect the confidential nature of any document belonging to the vessel.

7.   Boarding and disembarking of observers

The observer shall be taken on board at a port chosen by the operator.

The operator or their agent shall inform Cabo Verde, with a notice period of 10 days, of the date, time and port at which the observer is scheduled to board. If the observer is taken on board in a foreign country, their travel costs to the port of boarding shall be borne by the operator.

If the observer does not present themselves for boarding within 12 hours of the date and time set, the operator shall be automatically discharged from their obligation to allow the observer to embark. The master shall be free to leave the port and start fishing operations.

Where the observer is not set ashore in a Cabo Verdean port, the operator shall bear the costs of repatriating the observer to Cabo Verde as soon as possible.

8.   Duties of observers

Observers shall perform the following duties:

(a)	observe the fishing activities of the vessel;

(b)	verify the position of the vessel during fishing operations;

(c)	perform biological sampling in the context of a scientific programme;

(d)	record the fishing gear used;

(e)	verify catch data for Cabo Verde's fishing zone recorded in the logbook;

(f)	verify the percentages of by-catches and estimate discarded catches;

(g)	communicate observations by radio, fax or email at least once a week while the vessel is fishing in Cabo Verde's fishing zone, including the quantity of catch and by-catch on board.

9.   Observer's reports

Before leaving the vessel, the observer shall submit a report on their observations to the master of the vessel. The master of the vessel shall have the right to add comments to the observer's report. The report shall be signed by the observer and the master. The master shall receive a copy of the observer's report.

The observer shall send their report to Cabo Verde, which shall forward a copy to the Union within 8 days of setting the observer ashore.

APPENDICES TO THE ANNEX

Appendix 1 – Fishing zone of Cabo Verde

Appendix 2 – Technical conservation measures

Appendix 3 – Contact details for transmitting information under this Protocol

Appendix 4 – Authorisation application form

Appendix 4a – Information to be provided when applying for a licence under the Protocol implementing the Fisheries Agreement between Cabo Verde and the European Union

Appendix 5 – Technical implementation requirements for the vessel monitoring system (VMS) and the system for reporting fishing activities (ERS)

Appendix 6 – Processing of personal data

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(1)  Regulation (EU) 2017/2403 of the European Parliament and of the Council of 12 December 2017 on the sustainable management of external fishing fleets, and repealing Council Regulation (EC) No 1006/2008 (OJ L 347, 28.12.2017, p. 81).

(2)  See Chapter II, Section 1, paragraph 6 for the definition of ‘annual period’.

(3)  Idem.

(4)  Ref. ICCAT Recommendation 18-09, paragraph 13.

(5)  Ref. ICCAT Recommendation 21-15, Appendix 3, paragraph 3.1.

(6)  Ref. ICCAT Recommendation 21-15, Appendix 3, paragraph 3.3, and Appendix 1.

(7)  Council Directive (EU) 2017/159 of 19 December 2016 implementing the Agreement concerning the implementation of the Work in Fishing Convention, 2007 of the International Labour Organisation, concluded on 21 May 2012 between the General Confederation of Agricultural Cooperatives in the European Union (COGECA), the European Transport Workers' Federation (ETF) and the Association of National Organisations of Fishing Enterprises in the European Union (Europêche) (OJ EU L 25, 31.1.2017, p. 12).