21990A1231(04)

PROTOCOL

establishing the fishing rights and financial compensation provided for in the Agreement between the European Economic Community and the Republic of Côte d'Ivoire on fishing off the coast of Côte d'Ivoire

Article 1

From the entry into force of the Agreement and for a period of three years, fishing rights under Article 2 of the Agreement shall be as follows:

(a) freezer trawlers designed to fish demersal species, taking deepwater crustaceans, cephalopods and demersal fish:

6 300 GRT per month, averaged over the year.

During the second year of this Protocol, any distribution between vessels fishing deepwater crustaceans, cephalopods and demersal fish shall be examined by the joint committee;

(b)

surface longliners and pole-and-line tuna vessels:

35 vessels;

(c)

tuna seiners:

54 vessels.

Article 2

The fishing rights referred to in Article 1 may be increased at the request of the Community if they do thereby not compromise the rational exploitation of Côte d'Ivoire's resources.

In this case, the financial compensation referred to in Article 3 (1) shall be increased in proportion and on a pro rata basis according to the length of time.

Article 3

1. For the period referred to in Article 1 the financial compensation referred to in Article 1 shall be ECU 6 million, payable in the following way:

40 % to be paid at the latest within 120 days from the date of signature of the Agreement for the first year, the remainder to be paid in two equal annual instalments on the anniversaries of the first payment.

2. The compensation shall be paid into an account opened with a financial institution or any other body designated by the Côte d'Ivoire authorities.

3. The use to which this compensation is put shall be the sole responsibility of the Côte d'Ivoire Government.

Article 4

1. During the period referred to in Article 1, the Community shall contribute ECU 600 000 towards financing scientific and technical programmes designed in particular to improve knowledge about the marine and biological resources of the exclusive economic zone of Côte d'Ivoire.

The sums concerned shall be paid into a bank account designated by the competent Côte d'Ivoire authorities once they have transmitted the content of these programmes.

2. The competent Côte d'Ivoire authorities shall send the Commission reports on the implementation of these programmes.

3. Part of the sum referred to in paragraph 1, but not more than 20 %, may be used to cover contributions by the Côte d'Ivoire to international fisheries organizations.

Article 5

1. In connection with the training programmes provided for in Article 6 of the Agreement, the two Parties agree that improving the skills and knowledge of those involved in sea-fishing is a vital element in the success of their cooperation. To that end, the Community shall make it easier for nationals of Côte d'Ivoire to find places in establishments in its Member States and shall provide for that purpose awards for study and practical training in the various scientific, technical, economic and legal disciplines relating to fisheries.

These awards may also be used in the Côte d'Ivoire or any other country which has a cooperation agreement with the Community.

2. The total cost of the awards may not exceed ECU 500 000. At the request of the Côte d'Ivoire, part of this sum may be used to cover the costs of particpation in international meetings or training courses concerning fisheries.

The sum shall be payable as and when it is used.

Article 6

Should the Community fail to make the payments provided for in Articles 3 and 4 of this Protocol, the obligations of the Côte d'Ivoire resulting from the fisheries Agreement shall be suspended.

Article 7

This Protocol shall run for three years from the date of entry into effect of the Agreement.

Before this Protocol expires, the Parties shall enter into negotiations with a view to mutually agreeing the contents and duration of a Protocol for the next period.