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Article 8 Suspension of the Implementation of the Protocol

Original text. Later amendments are not shown.

1.

The implementation of this Protocol may be suspended at the initiative of one of the two Parties if one or more of the following conditions apply:

(a)

unusual circumstances, as defined in Article 7.3(a) of the Fisheries Partnership Agreement, prevent fishing activities in the Cape Verdean EEZ;

(b)

following significant changes in the policy objectives which led to the conclusion of this Protocol, one of the two Parties requests a review of the provisions with a view to a possible amendment thereof;

(c)

one of the two Parties violates one of the essential and fundamental elements of human rights and democratic principles as provided for in Article 9 of the Cotonou Agreement;

(d)

there is non-payment of the financial contribution provided for in Article 2(2)(a) by the European Union, for reasons other than those provided for in Article 7 of this Protocol;

(e)

a dispute which has not been settled in the Joint Committee is ongoing between the two Parties;

(f)

one of the two Parties does not comply with the provisions of this Protocol and the Annex and appendices hereto.

2.

Where the application of the Protocol is suspended for reasons other than those given in paragraph 1(c) above, it shall require the Party concerned to notify its intention in writing at least 3 months before the date on which suspension is due to take effect. Suspension of the Protocol for the reasons given in paragraph 1(c) shall apply immediately after the suspension decision has been taken.

3.

In the event of suspension, the Parties shall continue to consult with a view to finding an amicable settlement to their dispute. Where such settlement is reached, application of the Protocol shall resume and the amount of the financial contribution shall be reduced proportionately and pro rata temporis according to the period during which application of the Protocol has been suspended.