ANNEX

CONDITIONS GOVERNING FISHING ACTIVITIES BY UNION VESSELS IN THE CAPE VERDEAN 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 Cape Verde as a competent authority shall mean:

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

(b)	for Cape Verde: the Minister responsible for fisheries.

2.   Fishing zone

The coordinates of the Cape Verdean EEZ are set out in Appendix 1. Union vessels may carry out their fishing activities beyond the limits laid down for each category in Appendix 2, with Cape Verdean fishermen retaining exclusive fishing rights below those limits.

Cape 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 Cape Verdean port may be represented by an agent resident in Cape Verde.

4.   Bank account

Cape 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 shall be paid. The associated bank transfer costs shall be borne by vessel owners.

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 the condition that the vessel is included in the Union fishing vessels register in accordance with the provisions of Regulation (EU) No 2017/2403 of the European Parliament and of the Council (1) on the sustainable management of external fishing fleets. All previous obligations of the vessel owner, the master, or the vessel itself arising out of their fishing activities in Cape Verde under the Agreement shall be met before such issuance.

2.   Application for a fishing authorisation

The Union shall submit to Cape Verde an application for a fishing authorisation in respect of each vessel wishing to fish under the Agreement at least 15 days before the start of the period of validity requested, using the form in Appendix 3. The application must be typed or legibly written in block capitals.

The targeted species must be indicated clearly in the application for a fishing authorisation.

For each initial application for a fishing authorisation under the Protocol in force, or following a technical change to the vessel concerned, the application shall be accompanied by proof of payment of the flat-rate fee for the period of validity of the fishing authorisation requested and the flat-rate contribution for the observers referred to in Chapter IX, as well as:

(a)	the name and address of the vessel's local agent, where there is one;

(b)	a recent colour photograph of the vessel, showing a lateral view and at least 15 cm × 10 cm in size;

(c)	any other document specifically required under the Agreement.

As regards renewal of a fishing authorisation under the Protocol in force for a vessel whose technical specifications have not been modified, the renewal application need only be accompanied by proof of payment of the fee and flat-rate contribution towards the costs relating to the observer.

3.   Issue of fishing authorisation

A fishing authorisation for tuna and tuna-like species (‘ atum e afins ’) and other species authorised under this Protocol shall be issued by Cape Verde to the Union within 15 working days of receiving the full application file.

Where a fishing authorisation is renewed during the period in which this Protocol applies, the new fishing authorisation must contain a clear reference to the initial fishing authorisation.

The Union shall forward the fishing authorisation to the vessel owner or its agent. If the Union offices are closed, Cape Verde may send the fishing authorisation directly to the vessel owner or its agent, with a copy to the Union.

4.   List of vessels authorised to fish

Once the fishing authorisation is issued, Cape Verde shall draw up without delay for each category of vessel the final list of vessels authorised to fish in the Cape Verdean zone. This list shall be sent immediately to the national body responsible for supervising fishing, and to the Union.

5.   Period of validity of the fishing authorisation

Fishing authorisations shall be valid for one year and be renewable.

In order to establish the start of the period of validity, ‘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.

6.   Keeping the fishing authorisation on board

A copy of this fishing authorisation shall be sent electronically immediately to the Union and to the vessel owners or their local agents. The copy, which is held on board, may be used for a maximum period of 60 calendar days after the date on which the authorisation was issued. After this period, the original of the fishing authorisation must be kept on board.

7.   Transfer of fishing authorisation

A fishing authorisation shall be issued for a given vessel and shall not be transferable. However, where force majeure is proven, for example in the event of the loss or prolonged immobilisation of a vessel due to a serious technical failure, and, at the request of the Union, the fishing authorisation shall be replaced by a new authorisation, issued for another vessel similar to the vessel to be replaced.

The transfer shall involve the fishing authorisation to be replaced being returned by the vessel owner or its agent in Cape Verde, and Cape Verde drawing up the replacement authorisation as soon as possible. The replacement authorisation shall be delivered without further delay to the vessel owner or its agent when returning the authorisation to be replaced. The replacement authorisation shall take effect on the day on which the authorisation to be replaced is returned.

Cape 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.

8.   Support vessels

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

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

Support vessels are subject to the same procedure as regards the sending of applications for fishing authorisations set out in this Chapter, to the extent applicable. Cape 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.

Section 2

Fees and advance payments

1.   The fees to be paid by the vessel owners shall be EUR 70 per tonne caught.

2.   Fishing authorisations shall be issued once the following anticipated flat-rate fees have been paid to the competent Cape Verdean authorities:

(a)	For tuna seiners, EUR 6 510 per year, corresponding to a tonnage of 93 tonnes per vessel;

(b)	For pole-and-line vessels, EUR 1 400 per year, corresponding to a tonnage of 20 tonnes per vessel;

(c)	For surface longliners, EUR 3 850 per year, corresponding to a tonnage of 55 tonnes per vessel.

3.   The anticipated flat-rate 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 year, the anticipated flat-rate fee and its equivalent in tonnes per vessel shall be calculated pro rata temporis based on the number of months covered by the authorisation.

4.   The Union shall draw up for each vessel, on the basis of its catch reporting, a final statement of the fees owed by the vessel in respect of its annual season for the previous calendar year. The Union shall send this final statement to Cape Verde and to the vessel owner via the Member States before 30 April of the year in progress. Cape Verde may challenge the final statement, on the basis of documentary proof, within 30 days of their receipt. In the case of disagreement, the Parties shall consult each other in the Joint Committee. If Cape 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 anticipated flat-rate fee paid to obtain the fishing authorisation, the vessel owner shall pay the outstanding balance to Cape Verde within 45 days unless the vessel owner contests the payment. However, if the final statement is less than the anticipated flat-rate fee, the remaining amount may not be reclaimed by the vessel owner.

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 for each category of fishing in Appendix 2.

The vessels shall comply with all the recommendations adopted by the ICCAT. In line with those recommendations, the Parties shall endeavour to reduce the level of by-catches of turtles, seabirds and other non-target species. The Union vessels shall release any such by-catches in the interest of increasing the chance of survival of the species concerned.

CHAPTER IV

CATCH REPORTING

1.   The master of a Union vessel fishing under the Agreement shall keep a fishing logbook, in accordance with the relevant ICCAT resolutions and recommendations. The master shall be responsible for the accuracy of the data recorded in the electronic fishing logbook.

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

3.   A vessel holding an authorisation issued under this Protocol and that is not equipped with an ERS, or whose ERS is not working, shall not be authorised to enter Cape Verde's fishing zone in order to engage in fishing activities.

4.   Catches shall be notified as specified in Appendix 5.

5.   ERS data shall be transmitted by the vessel to its flag State, which will make them automatically available for Cape Verde. The flag State shall ensure that the data are received and recorded in a computer database enabling the secure retention of the data for at least 36 months.

6.   The flag State and Cape Verde shall ensure that they have the necessary IT equipment and software to automatically transmit ERS data.

7.   ERS data must be transmitted using the electronic means of communication operated by the European Commission for exchanges of fisheries data in a standardised form.

8.   Where the provisions concerning catch reporting are not complied with, Cape Verde may suspend the fishing authorisation of the vessel concerned until the missing catch report is obtained and penalise the vessel owner in accordance with the relevant provisions under the national legislation in force. If the offence is repeated, Cape Verde may refuse to renew the fishing authorisation. Cape Verde shall inform the Union immediately of any penalty applied in this context.

9.   The flag State and Cape Verde shall each designate an ERS correspondent who will act as the point of contact for matters related to the implementation of this Protocol. The flag State and Cape Verde shall notify each other of the contact details of their ERS correspondents and, where appropriate, update that information without delay.

CHAPTER V

LANDINGS AND TRANSHIPMENTS

1.   Notice

The master of a Union vessel wishing to land in a Cape Verdean port, or to tranship catch from the Cape Verdean fishing zone, must notify Cape Verde, at least 24 hours before the landing or transhipment, of the following:

(a)	the name of the fishing vessel which is to land or tranship;

(b)	the port of landing or transhipment;

(c)	the date and time scheduled for the landing or transhipment;

(d)	the quantity (expressed in kilogrammes of live weight or, if necessary, the number of individual fish) of each species to be landed or transhipped (identified by its FAO alpha 3 code);

(e)	in the case of transhipment, the name of the receiving vessel;

(f)	the health certificate of the receiving vessel.

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

Non-compliance with these conditions shall lead to the application of the relevant sanctions provided for under the legislation of Cape Verde.

2.   Landing incentives

The Parties shall cooperate in order to contribute to the development of Cape 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.

Owners of vessels fishing for tuna shall endeavour to land part of their catches from Cape 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.

CHAPTER VI

CONTROL AND INSPECTION

1.   Entering and leaving the fishing zone

Any entry into or departure from the Cape Verdean fishing zone of a Union vessel holding a fishing authorisation shall be notified to Cape Verde within three hours before the entry or departure.

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 all species held on board, identified by its FAO alpha 3 code and expressed in kilogrammes of live weight or, if necessary, the number of individual fish;

(c)	the product presentation.

2.   Vessel position messages — VMS

Any Union vessel authorised under this Protocol shall be equipped with a satellite-based vessel monitoring system (VMS), in accordance with the specifications set out in Appendix 4.

It is forbidden to move, disconnect, destroy, damage or render inoperative the continuous tracking system 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.

Notification shall be given preferably through the ERS/VMS or, in the event of malfunction of the system, by e-mail, fax or radio. Cape Verde shall immediately inform the vessels concerned and the Union of any change to the e-mail address, telephone number or transmission frequency.

Whilst they are in the Cape Verdean fishing zone, Union vessels holding a fishing authorisation shall be equipped with a VMS to enable automatic and continuous communication of their position, at all times, to the Fisheries Monitoring Centre (FMC) of their flag State.

Each position message must:

(a)	contain the vessel identification;

(b)	contain the most recent geographical position of the vessel (longitude, latitude), with a margin of error of less than 500 metres, and with a confidence interval of 99 %;

(c)	contain the date and time the position is recorded;

(d)	contain the vessel's speed and course.

(e)	comply with the format set out in Appendix 4.

Any vessel found to be fishing in the Cape Verdean fishing zone without having previously notified its presence shall be considered to be a vessel in breach of the rules.

3.   Inspection

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

Before going on board, the Cape 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 Cape 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, its fishing activity and cargo.

Cape Verde may authorise the Union to participate in the inspection at sea as an observer.

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

At the end of each inspection, the Cape Verdean inspectors shall draw up an inspection report. The master of the Union vessel has the right to include his comments in the inspection report. The inspection report shall be signed by the inspector drawing up the report and the master of the Union vessel.

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

CHAPTER VII

INFRINGEMENTS

1.   Handling of infringements

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

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

2.   Detention of a vessel – information meeting

Where permitted under the Cape Verdean legislation in force regarding the infringement, any Union vessel having committed an infringement may be forced to cease its fishing activity and, where the vessel is at sea, to return to a Cape Verdean port.

Cape 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 protecting evidence, Cape Verde shall organise, at the request of the Union, within one working day of notification of the detention of the vessel, an information meeting to clarify the facts which have led to the vessel being detained and to explain what further action may be taken. A representative of the vessel's flag State may attend this information meeting.

3.   Penalties for infringements – compromise procedure

The penalty for the infringement shall be set by Cape Verde according to the national legislation in force.

Where settling the infringement involves legal proceedings, provided that the infringement does not involve a criminal act, a compromise procedure shall be launched between Cape 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 compromise procedure. The compromise procedure shall finish at the latest three days after notification of the vessel's detention.

4.   Legal proceedings — bank security

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

The bank security shall be released and returned to the vessel owner immediately after the judgment has been given:

(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.

Cape Verde shall inform the Union of the outcome of the legal proceedings within eight days following the judgement.

5.   Release of the vessel and the crew

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

CHAPTER VIII

SIGNING-ON OF SEAMEN

1.   Number of seamen to sign on

During their fishing season in the Cape Verdean fishing zone, the Union vessels shall sign on Cape Verdean seamen, subject to the following limits:

(a)	the tuna seiner fleet shall sign on at least six seamen;

(b)	the pole-and-line tuna fleet shall sign on at least two seamen;

(c)	the surface longliner fleet shall sign on at least five seamen.

The owners of the Union vessels shall endeavour to sign on additional Cape Verdean seamen.

2.   Free choice of seamen

Cape Verde shall hold a list of Cape Verdean seamen qualified to be signed on for Union vessels.

The vessel owner, or his agent, shall choose freely from the list of Cape Verdean seamen to be signed on and shall notify Cape Verde of their inclusion in the crew.

3.   Seamen's contracts

The employment contract for Cape Verdean seamen shall be drawn up by the vessel owner or his agent and the seaman, represented by his union, if necessary. It shall be signed by the Cape Verdean maritime authority. It shall stipulate in particular the date and port of signing on.

The contract shall guarantee the seaman the social security cover applicable to him in Cape Verde. It shall include life assurance and sickness and accident insurance.

A copy of the contract shall be given to the signatories.

The basic working rights laid down in the declaration of the International Labour Organization (ILO) shall be afforded to Cape Verdean seamen. This concerns in particular the freedom of association and effective recognition of the right to collective bargaining, and the elimination of discrimination in respect of employment and occupation.

4.   Seamen's wages

The wages of the Cape Verdean seamen shall be paid by the vessel owner. They shall be set before the fishing authorisation is issued by mutual agreement between the vessel owner or his agent and Cape Verde.

The wages shall not be lower than those of crews on national vessels, nor the level determined by the ILO.

5.   Seamen's obligations

The seaman shall report to the master of the vessel to which he has been appointed the day before the signing-on date stipulated in the contract. The master shall inform the seaman of the date and time of signing on. If the seaman withdraws or does not present himself at the date and time stipulated for his signing on, his contract will be considered to be null and void and the vessel owner will be automatically discharged from his obligation to sign him on. In this case the vessel owner shall not be liable to pay any financial penalty or compensation payment.

6.   Failure to sign on seamen

Owners of vessels which fail to sign on Cape Verdean seamen shall be required to pay, before 30 September of the year in progress, for each seaman below the number set in paragraph 1, a flat rate of EUR 20 for each day their vessels are present in the Cape Verdean fishing zone.

CHAPTER IX

OBSERVERS

1.   Observation of fishing activities

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

Vessels holding a fishing authorisation shall be subject to a scheme for observing their fishing activities carried out within the framework of the Agreement.

This observation scheme shall conform to the provisions provided for in the recommendations adopted by the ICCAT.

2.   Designated vessels and observers

Cape Verde shall designate the Union vessels which must allow an observer to embark and the observer assigned to them at the latest 15 days before the date provided for the embarkation of the observer.

When the fishing authorisation is issued, Cape Verde shall inform the Union and the vessel owner, or his agent, of the designated vessels and observers and the times at which the observer will be present on board each vessel. Cape Verde shall immediately inform the Union and the vessel owner or his agent of any change in the designated vessels and observers.

Cape 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 embark during the fishing season in question as part of their activities in fishing zones other than the Cape Verdean zone.

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

3.   Flat-rate financial contribution

At the time the fee is paid, the vessel owner shall pay Cape 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 Cape Verde.

5.   Embarkation conditions

The embarkation conditions for the observer, in particular the duration of presence on board, shall be defined by mutual agreement between the vessel owner or his agent and Cape Verde.

Observers shall be treated on board as officers. However, receiving the observer on board shall take into account the technical structure of the vessel.

The vessel owner shall bear the costs of providing accommodation and food for the observer on board.

The master shall take all the measures for which he is responsible to guarantee the physical safety and general wellbeing of the observer.

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

6.   Observer's obligations

Whilst they are 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.   Embarkation and landing of observers

The observer shall sign on in a port chosen by the vessel-owner.

The vessel owner or his agent shall inform Cape Verde, with a notice period of 10 days before the embarkation, of the date, time and the port of embarkation of the observer. If the observer is embarked in a foreign country, his travel costs to the port of embarkation shall be borne by the vessel owner.

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

Where the observer is not disembarked in a Cape Verdean port, the vessel owner shall bear the costs of repatriation of the observer to Cape Verde as soon as possible.

8.   Observer's duties

The observer shall carry out the following duties:

(a)	observe the fishing activities of the vessel;

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

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

(d)	note the fishing gear used;

(e)	verify the catch data for the Cape Verdean fishing zone recorded in the logbook;

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

(g)	communicate observations by radio, fax or e-mail at least once a week while the vessel is fishing in the Cape Verdean fishing zone, including the quantity of catch and by-catch on board.

9.   Observer's report

Before leaving the vessel, the observer shall submit a report of his observations to the master of the vessel. The master of the vessel shall have the right to make comments in 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 his report to Cape Verde, which shall send a copy of it to the Union within eight days of setting the observer ashore.

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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 EU L 347, 28.12.2017, p. 81).

APPENDICES TO THE ANNEX

Appendix 1 - Cape Verdean fishing zone

Appendix 2 - Technical conservation measures

Appendix 3 - Authorisation Application Form

Appendix 4 - Vessel monitoring system

Appendix 5 - Implementation of the electronic system for recording fishing activities (ERS)