Council Decision of 9 June 2011 on the signing, on behalf of the European Union, and the provisional application of the Protocol agreed between the European Union and the Republic of Cape Verde setting out the fishing opportunities and the financial contribution provided for in the Fisheries Partnership Agreement between the two parties currently in force (2011/405/EU)

For the purposes of this Annex and unless otherwise indicated, any reference to the European Union (EU) or to Cape Verde as a competent authority shall mean:

• for the EU: the European Commission, where applicable via the EU Delegation in Cape Verde,

• for Cape Verde: the Minister for Fisheries.

The Fishing authorisations referred to in Article 6 of the Agreement shall be issued on the condition that the vessel is included in the EU register of fishing vessels and that all previous obligations of the shipowner, the master, or the vessel itself arising out of fishing activities in Cape Verde under the Agreement have been met.

Technical measures applicable to the vessels holding a fishing authorisation, relating to the zone, fishing gear and additional catch, shall be defined for each fishing category in the technical sheets contained in Appendix 2 to this Annex.

The vessels shall respect all the recommendations adopted by the ICCAT (International Commission for the Conservation of Atlantic Tunas).

The master of an EU vessel fishing under the Agreement shall keep a fishing logbook, for which the model for each category of fishing is included in Appendix 3 of this Annex.

The fishing logbook shall be completed by the master for each day the vessel is present in the Cape Verde fishing zone.

Each day the master shall record in the fishing logbook the quantity of each species, identified by its code alpha 3 of the FAO, caught and kept on board, expressed in kilograms of live weight or, where necessary, the number of individual fish. For each main species, the master shall also mention the bad catch.

Where applicable, the master shall also record each day in the fishing logbook the quantities of each species thrown back into the sea, expressed in kilograms of live weight or, where necessary, the number of individual fish.

The fishing logbook shall be filled in legibly, in block capitals, and shall be signed by the master.

The master shall be responsible for the accuracy of the data recorded in the fishing logbook.

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

1. (a)

   the name of the fishing vessel which must land or tranship;

2. (b)

   the port of landing or transhipment;

3. (c)

   the date and time scheduled for the landing or transhipment;

4. (d)

   the quantity (expressed in kilograms 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);

5. (e)

   in the case of transhipment, the name of the receiving vessel;

6. (f)

   the health certificate of the receiving vessel.

The 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 provisions shall lead to the application of the relevant sanctions provided for under Cape Verdean legislation.

An EU vessel which lands in a Cape Verdean port, or which sells its catch to a processing factory in Cape Verde shall benefit from a financial incentive in the form of a partial reduction in the fee, in accordance with the limits set out in the technical sheets included in Appendix 2 of this Annex.

Any entry into or departure from the Cape Verdean fishing zone of an EU vessel holding a fishing authorisation must be notified to Cape Verde within 3 hours of the entry or departure.

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

1. (i)

   the date, time and point of passage scheduled;

2. (ii)

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

3. (iii)

   product presentation.

Notification shall be given preferably by e-mail or, failing that, by fax or radio, to an e-mail address, a telephone number or a frequency communicated by Cape Verde. Cape Verde shall immediately inform the vessels concerned and the EU of any change to the e-mail address, telephone number or transmission frequency.

Any vessel found to be fishing in the Cape Verde zone without having previously notified its presence shall be considered to be an unauthorised fishing vessel.

Whilst they are in the Cape Verdean zone, EU vessels holding a fishing authorisation must be equipped with a satellite monitoring system (Vessel Monitoring System – VMS) to enable automatic and continuous communication of their position, at all times, to the fishing control centre (Fisheries Monitoring Centre – FMC) of their flag state.

Each position message must:

1. (i)

   contain

   1. (a)

      the vessel identification;

   2. (b)

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

   3. (c)

      the date and time the position is recorded;

   4. (d)

      the speed and the course of the vessel;

2. (ii)

   be configured in accordance with the format included in Appendix 4 to this Annex.

The first position recorded after entry into the Cape Verde zone will be identified by the code ‘ENT’. All subsequent positions will be identified by the code ‘POS’, with the exception of the first position recorded after departure from the Cape Verde zone, which will be identified by the code ‘EXI’.

The FMC of the flag state shall ensure the automatic processing and, if necessary, the electronic transmission of the position messages. The position messages shall be recorded in a secure manner and kept for a period of 3 years.

Any infringement committed by an EU vessel holding a fishing authorisation in accordance with the provisions of this Annex must be mentioned in an inspection report.

The signature of the inspection report by the master shall be without prejudice to the shipowner’s right of defence in respect of an infringement.

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

1. (a)

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

2. (b)

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

3. (c)

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

The owners of EU vessels shall endeavour to sign on additional Cape Verde seamen.

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 (International Commission for the Conservation of Atlantic Tunas).

Application for a licence for foreign industrial fishing vessels:

1. 1..

   Name of shipowner:

2. 2..

   Address of shipowner:

3. 3..

   Name of shipowner’s representative or local agent:

4. 4..

   Address of shipowner’s representative or local agent:

5. 5..

   Name of master:

6. 6..

   Name of vessel:

7. 7..

   Registration No:

8. 8..

   Date and place of construction:

9. 9..

   Flag country:

10. 10..

    Port of registration:

11. 11..

    Port of fitting out:

12. 12..

    Overall length:

13. 13..

    Beam:

14. 14..

    Gross tonnage:

15. 15..

    Net tonnage:

16. 16..

    Hold capacity:

17. 17..

    Cold storage and freezing capacity:

18. 18..

    Engine type and power:

19. 19..

    Fishing gear:

20. 20..

    Number of crew:

21. 21..

    Communications equipment:

22. 22..

    Call sign:

23. 23..

    Dialling signals:

24. 24..

    Fishing operations to be carried out:

25. 25..

    Place for landing catch:

26. 26..

    Fishing zones:

27. 27..

    Species to be caught:

28. 28..

    Period of validity:

29. 29..

    Special conditions:

30. 30..

    Other activities of the applicant in Cape Verde:

Opinion of the Directorate-General for Fisheries:

Comments of the Ministry for Fisheries, Agriculture and Rural Affairs:

Character set: ISO 8859.1

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