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the date of issue,

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the fact that it invalidates and replaces the licence of the previous vessel.

1.

Licences shall be transmitted by the Ministry to the Delegation of the European Commission in Côte d'Ivoire within 30 days of receipt of the application.

2.

The original of the licence must be held on board at all times and be presented at any time on request of the competent Côte d'Ivoire authorities.

However, for pole-and-line tuna vessels, tuna seiners and surface longliners, the Ministry shall, upon receipt of notification from the European Commission that advance payment has been made, enter the vessel concerned in the list of vessels with authorisation to fish sent to the Côte d'Ivoire control authorities. Pending receipt of the original of the licence, a copy of the licence that has been drawn up may be issued by fax to be held on board the vessel.

3.

Trawlers authorised under Article 2 of the Agreement must notify the Ministry of any changes to the characteristics of a vessel as entered on the licence when issued and as listed in Appendix 1.

4.

Any increase in gross tonnage (GT) of a trawler shall require a new licence application.

1.

Licences shall be valid for one year. They shall be renewable.

2.

The fee shall be EUR 25 per tonne of fish caught within the Côte d'Ivoire exclusive economic zone (EEZ).

3.

Licences shall be issued following payment of a lump sum of EUR 375 per year for each pole-and-line tuna vessel, EUR 2 750 per year for each tuna seiner and EUR 1 000 per year for each surface longliner.

4.

The final statement of the fees due for the fishing year shall be drawn up by the European Commission at the end of each calendar year on the basis of the catch declarations made by each shipowner and confirmed by the scientific institutes responsible for verifying catch data, such as the Institut de Recherche pour le Développement (IRD), the Instituto Español de Oceanografía (IEO) and the Instituto Português de Investigação Marítima (IPIMAR) on the one hand and the Centre de Recherches Océanologiques de Côte d'Ivoire on the other. The statement shall be forwarded simultaneously to the Côte d'Ivoire fishing authorities and the shipowners. Any additional payments due shall be made by the shipowners to the Côte d'Ivoire fishing authorities no later than 30 days after notification of the final statement.

However, if the amount of the final statement is lower than the above advance, the resulting balance shall not be reimbursable to the shipowner.

5.

Part of the fees paid within the context of this Article shall be assigned to supporting fisheries development.

The Côte d'Ivoire authorities shall communicate, before the entry into force of the Agreement, all details of the bank account to be used for the payment of the fees.

1.

In the case of freezer trawlers, licences shall be valid for three, six or 12 months. They shall be renewable.

2.

The annual fee shall be EUR 100 per GT per vessel.

Fees for licences for periods of less than one year shall be paid on a pro rata basis. Six-month and three-month licences shall be subject to a surcharge of 3 % and 5 % respectively.

1.

Vessels authorised to fish in the Côte d'Ivoire fishing zone under this Agreement shall send their catch declarations to the fishing authorities with a copy to the Delegation of the European Commission in Côte d'Ivoire, as follows:

The form shall either be collected in port by the relevant departments of the Centre de Recherches Océanologiques de Côte d'Ivoire or sent to the same department within 45 days of the end of the fishing trip spent in the Côte d'Ivoire fishing zone.

Copies shall be sent to the Ministry and to the scientific institutes referred to in paragraph 4 of section B.

Forms must be completed legibly and be signed by the master of the vessel. Moreover, the master must enter the words ‘Outside Côte d'Ivoire EEZ’ in the abovementioned fishing log in respect of periods during which the vessels are not in Côte d'Ivoire waters.

2.

If these provisions are not complied with, the Côte d'Ivoire authorities reserve the right to suspend the licence of the offending vessel until the required formality has been fulfilled. In this case, the Delegation of the European Commission in Côte d'Ivoire shall be informed without delay.

1.

To protect spawning grounds and local small-scale fishing activities, Community vessels with licences may not carry out fishing activities as laid down in Article 2 of the Agreement in the following zones:

2.

However, pole-and-line tuna vessels using live bait shall be authorised to fish for bait in the prohibited zone defined above to obtain bait strictly within the limits of their own requirements.

(a)

40 mm for freezer trawlers taking deepwater crustaceans;

(b)

70 mm for freezer trawlers taking cephalopods;

(c)

60 mm for freezer trawlers taking fish;

(d)

in the case of tuna, the international standards recommended by ICCAT shall apply.

1.

Each trawler owner shall undertake to employ:

The owners of tuna vessels and surface longliners shall employ Côte d'Ivoire seamen, subject to the following conditions and limits:

The above limits shall not preclude the signing-on of additional Côte d'Ivoire seamen at the request of the shipowners.

The Côte d'Ivoire seamen shall be chosen by the shipowners from among professional seamen recognised by the Ministry.

2.

The wages of these seamen shall be fixed, before licences are issued, by mutual agreement between the shipowners or their representatives and the Côte d'Ivoire Ministry responsible for fisheries. The wages shall be borne by the shipowners and must include the social contributions to which each seaman is subject (including life assurance and accident and sickness insurance).

3.

If the seamen are not signed on, the owners of trawlers, pole-and-line tuna vessels, tuna seiners and surface longliners shall be obliged to pay a lump sum equivalent to the wages of seamen not signed on, based on the number of days spent in the Côte d'Ivoire fishing zone.

This sum will be used for the training of seamen in Côte d'Ivoire and is to be paid into the account specified by the Ministry.

4.

Any vessel may be required to take on board a trainee student on a proposal from the Ministry responsible for fisheries, subject to the agreement of the vessel's master. Trainees shall be accorded the same conditions on board as those enjoyed by crewmen at the same level, as far as possible. Côte d'Ivoire shall cover the subsistence expenses for each trainee.

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observe the fishing activities of vessels;

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verify the position of vessels when engaged in fishing operations;

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perform biological sampling in the context of scientific programmes;

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note the fishing gear used;

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verify the catch data for the Côte d'Ivoire zone recorded in the logbook.

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take all appropriate steps to ensure that the conditions under which they are taken on board and their presence on board do not interrupt or hamper fishing activities;

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respect the material and equipment on board and the confidentiality of all documents belonging to the vessel;

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draw up an activity report to be transmitted to the Ministry and send a copy to the Delegation of the European Commission.

1.

The Delegation of the European Commission in Côte d'Ivoire shall be notified within three working days of any boarding within the Côte d'Ivoire EEZ of a fishing vessel flying the flag of a Member State of the Community and operating under this Protocol. The Delegation shall at the same time receive a brief report of the circumstances and reasons leading to the boarding.

2.

Before any measures regarding the master or the crew of the vessel or any action regarding the cargo and equipment of the vessel are considered, other than those to safeguard evidence relating to the presumed infringement, a consultation meeting shall be held, within one working day from the receipt of the abovementioned information, between the Delegation of the European Commission in Côte d'Ivoire, the Ministry and the other control authorities, possibly attended by a representative of the Member State concerned. At the meeting, the parties shall exchange any relevant documentation or information helping to clarify the circumstances of the established facts. The shipowner or his representative shall be informed of the outcome of the meeting and of any measures resulting from the boarding.

3.

Before any judicial procedure, an attempt shall be made to resolve the presumed infringement through a compromise procedure. This procedure shall end no later than three working days after informing the Delegation of the European Commission.

4.

If the case is not settled by means of compromise, and the master is consequently brought before a competent Côte d'Ivoire judicial body, a reasonable bank security shall be fixed by the competent authority within two working days following the conclusion of the compromise procedure, pending the judicial decision. The bank security shall be released by the competent authority once the master of the vessel concerned has been discharged by the judicial decision.

5.

The vessel and its crew shall be released either:

6.

If one of the parties considers that there is a problem or dispute in the application of the above procedure, it may request urgent consultations between the parties to this Protocol.