title: 2013/303/EU: Council Decision of 29 May 2013 on the signature, on behalf of the Union, and the provisional application of the Protocol setting out fishing opportunities and the financial contribution provided for in the Agreement between the European Union and the Republic of Côte d’Ivoire (2013-2018)#Protocol setting out the fishing opportunities and financial contribution provided for in the Agreement between the European Union and the Republic of Côte d'Ivoire (2013-2018)

text:
               22.6.2013

               EN

               Official Journal of the European Union

               L 170/1

         COUNCIL DECISION
   of 29 May 2013
   on the signature, on behalf of the Union, and the provisional application of the Protocol setting out fishing opportunities and the financial contribution provided for in the Agreement between the European Union and the Republic of Côte d’Ivoire (2013-2018)
   (2013/303/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 43 in conjunction with Article 218(5) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               On 17 March 2008, the Council adopted Regulation (EC) No 242/2008 on the conclusion of the Fisheries Partnership Agreement between the European Community and the Republic of Côte d’Ivoire (1) (hereinafter the ‘Partnership Agreement’).

               (2)

               Since the current protocol to the Partnership Agreement is due to expire on 30 June 2013, the Council authorised the Commission to negotiate a new Protocol granting vessels of the Union fishing opportunities in waters in which the Republic of Côte d’Ivoire exercises its sovereignty or jurisdiction as regards fishing. At the end of those negotiations, the new Protocol was initialled on 9 January 2013.

               (3)

               To ensure Union vessels can continue their fishing activities, the new Protocol provides for its provisional application as from 1 July 2013.

               (4)

               The new Protocol should be signed and applied on a provisional basis, pending the completion of the procedures for its conclusion,

         HAS ADOPTED THIS DECISION:
   Article 1
   The signing of the Protocol setting out the fishing opportunities and financial contribution provided for in the Agreement between the European Union and the Republic of Côte d’Ivoire (2013-2018) (hereinafter the ‘new Protocol’) is hereby authorised on behalf of the Union, subject to its conclusion.
   The text of the new Protocol is attached to this Decision.
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the new Protocol on behalf of the Union subject to its conclusion.
   Article 3
   The new Protocol shall, in accordance with Article 13 thereof, be applied on a provisional basis as from 1 July 2013, pending the completion of the procedures for its conclusion.
   Article 4
   This Decision shall enter into force on the day of its adoption

      Done at Brussels, 29 May 2013.

            For the Council

            The President

         R. BRUTON

      (1)  OJ L 75, 18.3.2008, p. 51.

      PROTOCOL
      setting out the fishing opportunities and financial contribution provided for in the Agreement between the European Union and the Republic of Côte d'Ivoire (2013-2018)
      Article 1
      Period of application and fishing opportunities
      1.   From 1 July 2013, and for a period of five (5) years, the fishing opportunities granted under Article 5 of the Agreement shall be as follows:
      Highly migratory species (species listed in Annex 1 to the 1982 United Nations Convention)

                  —

                  freezer tuna seiners: 28 vessels.

                  —

                  surface longliners: 10 vessels.

            2.   Paragraph 1 shall apply subject to Articles 5 and 6 of this Protocol.
      3.   Vessels flying the flag of a Member State of the European Union (hereinafter ‧EU vessels‧) may engage in fishing activities in the Ivorian fishing zone only if they are in possession of a valid fishing licence issued by Côte d'Ivoire under this Protocol.
      Article 2
      Financial contribution — methods of payment
      1.   For the period referred to in Article 1, the financial contribution referred to in Article 7 of the Fisheries Partnership Agreement shall be EUR 680 000.
      2.   The financial contribution comprises:

                  (a)

                  an annual amount of EUR 422 500 for access to the Ivorian fishing zone equivalent to a reference tonnage of de 6 500 tonnes per year; and

                  (b)

                  a specific amount of EUR 257 500 per year for the support and implementation of the Ivorian sectoral fisheries policy.

            3.   Paragraph 1 shall apply subject to Articles 3, 5, 6 and 9 of this Protocol and Articles 12 and 13 of the Fisheries Partnership Agreement.
      4.   If the overall quantity of catches by EU vessels in the Ivorian fishing zone exceeds the reference tonnage, the amount of the annual financial contribution shall be increased by EUR 65 for each additional tonne caught. However, the total annual amount paid by the Union shall not be more than twice the amount indicated in paragraph 2(a) (EUR 422 500). If the quantities caught by EU vessels exceed the quantities corresponding to twice the total annual amount, the amount due for the quantity exceeding that limit shall be paid the following year.
      5.   Payment of the financial contribution laid down in paragraph 1 shall be made no later than 90 days after the date of provisional application of the Protocol in the first year and no later than the renewal date of the Protocol in the following years.
      6.   The Ivorian authorities shall have full discretion regarding the use to which the financial contribution referred to in paragraph 2(a) is put.
      7.   The financial contribution shall be paid into a single Ivorian Public Treasury account, the references of which shall be notified each year by the Ivorian authorities.
      Article 3
      Promotion of responsible fishing in Ivorian waters
      1.   The European Union and Côte d'Ivoire, shall agree, within the Joint Committee provided for in Article 9 of the Agreement, by 1 October 2013 at the latest, on a multiannual sectoral programme and detailed implementing rules, in particular:

                  a)

                  annual and multiannual guidelines for using the financial contribution referred to in Article 2(b);

                  b)

                  objectives, both annual and multiannual, to be achieved with a view to promoting long-term responsible and sustainable fishing, taking account of the priorities expressed by the Republic of Côte d'Ivoire in its national fisheries policy, notably with regard to the monitoring, control and combating of illegal, unreported and unregulated (IUU) fishing.

                  c)

                  criteria and procedures for evaluating the results obtained each year.

            2.   Any proposed amendments to the multiannual sectoral programme or to the use of the specific amounts for the initiatives to be carried out each year must be approved by both Parties within the Joint Committee.
      3.   Each year, the two Parties shall carry out, within the Joint Committee, an evaluation of the progress made in implementing the multiannual sectoral Programme. If necessary, the two Parties shall continue this monitoring after this Protocol expires, until the specific financial contribution provided for in Article 2(2)(b) has been used up.
      Article 4
      Scientific and technical cooperation to ensure responsible fishing
      1.   The Parties hereby undertake to promote responsible fishing in Ivorian waters on the basis of the principles of non-discrimination between the different fleets fishing in those waters.
      2.   During the period covered by this Protocol, the European Union and the Ivorian authorities shall cooperate to monitor the evolution of resources in the Ivorian fishing zone.
      3.   The Parties undertake to promote cooperation at subregional level on responsible fishing and, in particular, within the International Commission for the Conservation of Atlantic Tunas (ICCAT) and any other subregional or international organisation concerned. The Parties undertake to comply with all ICCAT recommendations.
      4.   In accordance with Article 4 of the Agreement and on the basis of the recommendations and resolutions adopted within ICCAT, and in the light of the best available scientific advice, the Parties shall consult each other within the Joint Committee provided for in Article 3 of the Agreement and adopt, where appropriate after a scientific meeting possibly at subregional level, and by mutual agreement, measures to ensure the sustainable management of fisheries resources affecting the activities of EU vessels.
      5.   The parties shall work together to strengthen the control and inspection mechanisms for fisheries in the Republic of Côte d'Ivoire.
      Article 5
      Review of fishing opportunities by mutual agreement
      1.   The fishing opportunities referred to in Article 1 may be increased by mutual agreement provided that the consultations referred to in Article 4(4) confirm that such an increase will not endanger the sustainable management of the resources of the Republic of Côte d'Ivoire. In this case the financial contribution referred to in Article 2(1) shall be increased proportionately and pro rata temporis.
      2.   Conversely, if the parties agree to adopt a reduction in the fishing opportunities provided for in Article 1, the financial contribution shall be reduced proportionately and pro rata temporis.
      3.   The allocation of the fishing opportunities among different categories of vessels may also be reviewed, following consultations and by mutual agreement between the Parties, provided that any changes comply with recommendations made by the scientific meeting referred to in Article 4(4) regarding the management of stocks liable to be affected by such redistribution. The parties shall agree on the corresponding adjustment of the financial contribution where the redistribution of fishing opportunities so warrants.
      Article 6
      New fishing opportunities and experimental fisheries
      1.   Should EU vessels be interested in fishing activities which are not indicated in Article 1, the European Union shall consult the Republic of Côte d'Ivoire in order to seek authorisation for these new activities. In the course of these consultations, the parties shall take account of the relevant scientific opinions, in particular opinions issued by regional fisheries organisations such as the Fishery Committee for the Eastern Central Atlantic (CECAF). Where appropriate, the Parties shall agree on the conditions applicable to these new fishing opportunities and on the implementation of multiannual management plans. They shall, if necessary, make amendments to this Protocol and to the Annex hereto.
      2.   Following the consultations laid down in Article 4(4), the Parties may authorise exploratory fishing surveys in the Ivorian fishing zone to test the technical feasibility and the economic viability of new fisheries.

                  2.1

                  To this end, the European Union shall communicate to the Ivorian authorities the applications for exploratory fishing licences on the basis of a technical file indicating:

                              —

                              the technical characteristics of the vessel;

                              —

                              the vessel's officers' level of expertise in the relevant fishery;

                              —

                              the proposal for the technical parameters of the trip (length, gear, exploration regions, etc.).

                  2.2

                  The exploratory fishing trips shall have a maximum duration of six months. They shall be subject to the payment of a fee set by the Ivorian authorities.

                  2.3

                  A scientific observer from the flag State and an observer chosen by the Ivorian authorities shall be present on board throughout the duration of the trip.

                  2.4

                  The catches consistent with and obtained during the exploratory trip remain the property of the vessel owner.

                  2.5

                  The detailed results of the trip shall be sent to the Joint Committee and the Joint Scientific Committee for analysis.

            Article 7
      Applicable provisions of national law
      1.   The activities of EU fishing vessels operating in Ivorian waters shall be governed by the applicable law in the Republic of Côte d'Ivoire, unless otherwise provided in the Agreement and this Protocol.
      2.   The Ivorian authorities shall immediately inform the European Union of any change or any new legislation relating to the fishing sector.
      3.   The European Union shall inform the Ivorian authorities of any change or any new legislation relating to the fishing activities of the European Union distant-water fleet.
      Article 8
      Suspension of the implementation of the Protocol
      1.   The implementation of this Protocol may be suspended at the initiative of one of the two Parties after consultation within the Joint Committee, if one or more of the following conditions apply:

                  (a)

                  unusual circumstances, as defined in Article 2(h) of the Fisheries Partnership Agreement, preventing fishing activities in the Ivorian fishing zone;

                  (b)

                  significant changes in the formulation or implementation of the fisheries policy of either one of the Parties affecting the relevant provisions of this Protocol;

                  (c)

                  activation of the consultation mechanisms laid down in Article 96 of the Cotonou Agreement owing to one of the essential and fundamental elements of human rights and democratic principles as provided for in Article 9 of the Cotonou Agreement;

                  (d)

                  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 9 of this Protocol;

                  (e)

                  a serious and unresolved dispute between the two parties on the application or the interpretation of this Protocol;

            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 three 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.
      Article 9
      Suspension and review of the payment of the financial contribution
      1.   The financial contribution as referred to in Article 2(2)(a) and (b) may be revised or suspended after consultation within the Joint Committee if one or more of the following conditions are met:

                  (a)

                  unusual circumstances, as defined in Article 2(h) of the Fisheries Partnership Agreement, preventing fishing activities in the Ivorian fishing zone;

                  (b)

                  significant changes in the formulation or implementation of the fisheries policy of either one of the Parties affecting the relevant provisions of this Protocol;

                  (c)

                  activation of the consultation mechanisms laid down in Article 96 of the Cotonou Agreement owing to a violation of one of the essential and fundamental elements of human rights and democratic principles as provided for in Article 9 of the Cotonou Agreement;

            2.   The European Union may revise or suspend, partially or totally, the payment of the specific financial contribution provided for in Article 2(2)(b) of this Protocol in the event of failure to implement this financial contribution or if the results obtained are inconsistent with the programming, following an evaluation carried out by the Joint Committee.
      3.   Payment of the financial contribution shall resume after consultation and agreement of the two Parties as soon as the situation prior to the events referred to in paragraph 1 has been re-established, or if the results of the financial implementation referred to in paragraph 2 so warrant. Nevertheless, the specific financial contribution provided for in Article 2(2)(b) may not be paid out beyond a period of six months after the Protocol expires.
      4.   The fishing authorisations granted to EU vessels may be suspended at the same time as the suspension of the payment of the financial contribution under Article 2(2)(a). If resumed, the validity of these fishing authorisations shall be extended for a period equal to the period of suspension of fishing activities.
      5.   Save as provided for in paragraph 1 of this article, if the European Union omits to make the payment laid down in Article 2(2)(a), the Ivorian authorities shall officially inform the European Union of the non-payment. The latter shall perform the appropriate checks and, where necessary, transmit the payment within no more than 60 working days of the date of receipt of the official request;
      If no payment has been made by this deadline, without proper justification, the Ivorian authorities shall be entitled to suspend application of the Protocol in accordance with the provisions set out in Article 8. Application of the Protocol shall resume as soon as the payment concerned has been made.
      Article 10
      Electronic communication
      1.   The Republic of Côte d'Ivoire and the European Union undertake to install as soon as possible the computer systems required for the electronic exchange of all the information and documents related to the implementation of the Agreement.
      2.   The electronic form of a document will be considered equivalent to the paper version in every respect.
      3.   The Republic of Côte d'Ivoire and the EU shall inform each other of any malfunction of a computer system as soon as possible. The information and documents related to the implementation of the Agreement shall then be automatically replaced by their paper version as specified in the Annex.
      Article 11
      Confidentiality of data
      The Republic of Côte d'Ivoire and the European Union shall undertake that all nominative data relating to EU vessels and their fishing activities obtained within the framework of the Agreement will, at all times, be processed strictly in accordance with the principles of confidentiality and data protection.
      Article 12
      Termination
      1.   In the event of termination of the Protocol, the Party concerned shall notify the other Party in writing of its intention to terminate the Protocol at least six (6) months before the date on which such termination would take effect.
      2.   Dispatch of the notification, as referred to in the previous paragraph, shall open consultations between the Parties.
      Article 13
      Provisional application
      This Protocol shall apply provisionally as from 1 July 2013.
      Article 14
      Entry into force
      This Protocol shall enter into force on the date on which the parties notify each other of the completion of the procedures necessary for this purpose.

               For the European Union

               For the Republic of Côte d'Ivoire

         ANNEX

            Conditions governing fishing activities by European Union vessels in the Ivorian fishing zone

         CHAPTER I

            GENERAL PROVISIONS

         1.   Designation of competent authority
         For the purposes of this Annex and unless otherwise specified hereinafter, any reference to the European Union (EU) or to the Republic of Côte d'Ivoire as a competent authority shall mean:

                     —

                     for the EU: the European Commission, where applicable via the EU delegation in Côte d'Ivoire;

                     —

                     for the Republic of Côte d'Ivoire: the Minister for Fisheries.

               2.   Fishing zone
         EU vessels may carry out fishing activities in waters beyond 12 nautical miles from the base lines subject to the provisions of point 3 below.
         3.   Zones closed to shipping and to fishing
         When issuing the fishing licence, the Ministry responsible for fisheries in the Republic of Côte d'Ivoire shall inform vessel owners of the boundaries of the area in which shipping and fishing is prohibited when issuing the fishing licence. The EU delegation shall also be informed.
         4.   Bank account
         The Republic of Côte d'Ivoire shall notify the EU before the entry into force of the Protocol of the details of the bank account into which the financial sums payable by EU vessels under the Agreement should be paid. The associated bank transfer costs shall be borne by the vessel owners.
         CHAPTER II

            APPLICATION AND ISSUE FORMALITIES FOR FISHING AUTHORISATIONS

         For the purposes of applying the provisions of this Annex, the term ‧licence‧ shall be equivalent to the term ‧fishing authorisation‧, as laid down in European legislation.
         1.   Conditions for obtaining a fishing licence – eligible vessels
         Only eligible vessels may obtain a licence to fish in the Ivorian fishing zone. To do so, they must be entered in the register of EU fishing vessels.
         For a vessel to be eligible, neither the owner, the master nor the vessel itself must be prohibited from fishing in Côte d'Ivoire. They must be in order vis-à-vis the Ivorian authorities insofar as they must have fulfilled all prior obligations arising from their fishing activities in Côte d'Ivoire under fisheries agreements concluded with the EU.
         2.   Licence applications
         The relevant EU authorities shall submit (by electronic means) or by any other expeditious method, to the Ministry responsible for fisheries in Côte d'Ivoire, an application for each vessel wishing to fish or assist in fishing activities under the Agreement at least 30 working days before the date of commencement of the period of validity requested.
         Applications shall be submitted to the Ministry responsible for fisheries on a form drawn up in accordance with the specimen in Appendix I.
         All licence applications shall be accompanied by the following documents:

                     —

                     proof of payment of the flat-rate advance for the period of validity of the licence,

                     —

                     one colour photograph of the vessel (side view), additional boats used for fishing and additional out-of-water equipment for detecting fish,

                     —

                     an illustration and detailed description of the fishing gear used,

               For the renewal of a licence under the Protocol in force for a vessel whose technical specifications have not been modified, the renewal application shall be accompanied only by proof of payment of the fee.
         3.   Flat-rate fee
         The fee shall be paid into the account specified by the Ivorian authorities in accordance with Article 1(4) of this Annex.
         The fees shall include all national and local charges, with the exception of port taxes and service charges.
         4.   Provisional list of vessels authorised to fish
         Once it has received the fishing authorisation applications and notification of payment of the advance, Côte d'Ivoire shall draw up the provisional list of applicant vessels. This list shall be sent without delay to the national body responsible for supervising fishing, and to the EU.
         The EU shall forward a copy of the provisional list to the vessel owner or to the consignee. If the EU offices are closed, Côte d'Ivoire may send the provisional list directly to the vessel owner or their consignee. Vessels shall be authorised to fish as soon as they are included on the provisional list. Vessels must keep a copy of the provisional list on board until their fishing authorisation is issued.
         5.   Issue of licences
         Licences for all vessels shall be issued to vessel owners or their representatives via the Delegation of the European Union to Côte d'Ivoire, within 21 working days of receipt of all the documents referred to in point 2 above by the Ministry responsible for fisheries in Côte d'Ivoire.
         Licences shall be valid for one year and are renewable. They shall be issued for the period from 1 July to 30 June of the following year.
         6.   List of vessels authorised to fish
         Once the licence is issued, the Republic of Côte d'Ivoire shall immediately draw up the final list of vessels authorised to fish in the Ivorian zone. This list shall be sent immediately to the national body responsible for monitoring fishing and to the EU and shall replace the provisional list referred to above.
         7.   Licence transfer
         Licences shall be issued for a specific vessel and shall not be transferable. However, at the request of the EU and where force majeure is proven, e.g. in the event of the loss or prolonged immobilisation of a vessel due to a serious technical failure, the licence of the initial vessel shall be replaced by a new licence for another vessel of the same fishing category, as referred to in Article 1 of the Protocol, with no further fee due. In this case, the calculation of the catch levels to determine whether an additional payment should be made shall take account of the sum of the total catches of the two vessels.
         The owner of the first vessel, or his or her representative, shall return the cancelled licence to the Ministry responsible for fisheries in Côte d'Ivoire via the EU Delegation.
         The new licence shall take effect on the day that the vessel's owner returns the cancelled licence to the Ministry responsible for fisheries in Côte d'Ivoire. The EU Delegation to Côte d'Ivoire shall be informed of the licence transfer.
         8.   Keeping a licence on board
         The licence must be held on board at all times. Vessels shall, however, be authorised to fish as soon as they are included on the provisional list mentioned in paragraph 4 of this Chapter.
         CHAPTER III

            LICENCE CONDITIONS — FEES AND ADVANCE PAYMENTS

         1.   The fee shall be EUR 35 per tonne caught within the Ivorian fishing zone in the case of tuna seiners and surface longliners.
         2.   Licences shall be issued once the following standard amounts have been paid to the competent national authorities:

                     —

                     EUR 5 390 per tuna seiner, equivalent to the fees due for 154 tonnes per year,

                     —

                     EUR 1 960 per surface longliner, equivalent to the fees due for 56 tonnes per year.

               3.   Member States shall inform the European Commission not later than 15 June each year of the tonnages caught during the past year, as confirmed by the scientific institutes referred to in point 6 below.
         4.   The final statement of the fees due for year n shall be drawn up by the European Commission by 31 July of year n + 1 at the latest on the basis of the catch declarations made by each vessel owner and confirmed by the competent scientific institutes.
         5.   This statement shall be sent simultaneously to the Ministry responsible for fisheries in Côte d'Ivoire and to the vessel owners via the Member States.
         6.   Where the final statement is greater than the flat-rate fee paid to obtain the fishing authorisation, the vessel owner shall pay the outstanding balance to the Republic of Côte d'Ivoire within 45 days unless he/she contests the payment.
         7.   However, if the amount of the final statement is lower than the advance referred to in point 2 of this Section, the resulting balance shall not be reimbursable to the vessel owner.
         CHAPTER IV

            CATCH REPORTING ARRANGEMENTS

         1.   Fishing log
         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 Ivorian fishing zone.
         Each day the master shall record in the fishing logbook the quantity of each species, identified by its FAO alpha 3 code, 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 signed by the master.
         The master shall be responsible for the accuracy of the data recorded in the fishing logbook.
         2.   Catch reporting
         The master shall notify the vessel's catch by submitting its fishing logbooks for the period of its presence in the Ivorian fishing zone to the Ministry responsible for fisheries. He shall send a copy to the Centre de Recherche Océanologique de Côte d'Ivoire (Ivorian Oceanology Research Centre – CRO) and to one of the following scientific institutes:

                     (i)

                     Institut de recherche pour le développement (IRD);

                     (ii)

                     Instituto Español de Oceanografía (IEO);

                     (iii)

                     INIAP (Instituto Nacional de investigação agrária e das Pescas).

               The fishing logbooks shall be transmitted in one of the following ways:

                     (i)

                     when passing through an Ivorian port, the original of each fishing logbook shall be submitted to the local representative of Côte d'Ivoire, who shall forward it to the Ivorian authorities who shall confirm receipt thereof in writing;

                     (ii)

                     when leaving the Ivorian fishing zone without first passing through an Ivorian port, the fishing logbook shall be sent within a period of 30 days after leaving the Ivorian fishing zone by one of the following means:

                                 (a)

                                 preferably by e-mail.

                                 (b)

                                 by post,

                                 (c)

                                 or by fax:

               Vessels shall be informed of the fax and telephone numbers and e-mail address when the fishing licence is issued. Côte d'Ivoire shall immediately inform the vessels concerned and the EU of any change to the e-mail address, telephone number or transmission frequency.
         Where the provisions set out in this Chapter are not complied with, the Ivorian Government reserves the right to suspend the licence of the offending vessel until formalities have been completed and to apply to the vessel owner the penalty laid down in current Ivorian legislation. The European Union and the flag Member State shall be informed thereof.
         3.   Transition to an electronic system
         Both parties indicate their shared willingness to ensure a transition to an electronic system for declaring catches based on the technical characteristics laid down in Appendix 5. The parties agree to determine together the terms of this transition within the Joint Committee with the aim of the system becoming operational on 31 December 2014.
         CHAPTER V

            SIGNING-ON OF SEAMEN

         1.   EU vessel owners shall employ ACP nationals, subject to the following conditions and limits:

                     —

                     for the fleet of tuna seiners, at least 20 % of the seamen signed on during the tuna-fishing season in the fishing zone of the third country shall be of ACP origin.

                     —

                     for the fleet of surface longliners, at least 20 % of the seamen signed on during the fishing season in the fishing zone of the third country shall be of ACP origin.

               2.   Vessel owners shall endeavour to take on board Ivorian seamen first.
         3.   The International Labour Organisation (ILO) Declaration on Fundamental Principles and Rights at Work shall apply as of right to seamen signed on by EU vessels. This concerns in particular the freedom of association and the effective recognition of the right to collective bargaining, and the elimination of discrimination in respect of employment and occupation.
         4.   The employment contracts of ACP seamen shall be drawn up between the vessel owners' representative(s) and the seamen and/or their trade unions or representatives; a copy of these contracts shall be given to the signatories. These contracts shall guarantee the seamen the social security cover applicable to them, including life assurance and sickness and accident insurance.
         5.   The wages of the ACP seamen shall be paid by the vessel owners. They shall be set by mutual agreement between the vessel owners or their representatives and the seamen and/or their trade unions or representatives. However, the wage conditions granted to ACP seamen shall not be lower than those applied to crews from their respective countries and shall under no circumstances be below ILO standards.
         6.   All seamen employed on board EU vessels shall report to the master of the vessel designated on the day before their proposed embarkation date. Where a seaman fails to report at the date and time agreed for embarkation, vessel owners shall be automatically absolved of their obligation to take the seaman on board.
         7.   Vessel owners shall transmit on an annual basis information on seamen signed on. This information shall include the number of seamen who are nationals:

                     —

                     of the European Union

                     —

                     of an ACP country, distinguishing Ivorians from other ACP nationalities

                     —

                     a non-ACP and a non-EU country.

               CHAPTER VI

            TECHNICAL MEASURES

         The technical measures applicable to the vessels holding a fishing licence, relating to the zone, fishing gear and additional catch, shall be defined in the technical sheet contained in Appendix 2 to this Annex.
         Vessels shall comply with the measures and recommendations adopted by ICCAT in the region regarding fishing gear and the technical specifications thereof and all other technical measures applicable to their fishing activities.
         CHAPTER VII

            OBSERVERS

         1.   Vessels authorised to fish in Ivorian waters under the Agreement shall take on board observers appointed by the competent regional fisheries organisation (RFO) on the terms set out below.

                     1.1.

                     At the request of the competent authority, EU vessels shall take on board an observer designated by the authority in order to check catches made in Ivorian waters.

                     1.2.

                     The competent authority shall draw up a list of vessels designated to take an observer on board and a list of the appointed observers. These lists shall be kept up to date. They shall be forwarded to the European Union as soon as they have been drawn up and every quarter thereafter where they have been updated.

                     1.3.

                     The competent authority shall inform the vessel owners concerned, or their representatives, of the name of the observer appointed to be taken on board their vessel at the time the licence is issued, or no later than 15 days before the observer's planned embarkation date.

               2.   The time spent on board by the observer shall be one fishing trip. However, at the express request of the competent Ivorian authorities, this embarkation may be spread over several trips according to the average duration of trip for a particular vessel. This request shall be made by the competent authority when the name of the observer appointed to board the vessel in question is notified.
         3.   The conditions under which the observer is are taken on board shall be agreed between the vessel owner or his/her representative and the competent authority.
         4.   The observers shall be taken on board at a port chosen by the vessel owner at the beginning of the first voyage in Ivorian waters after notification of the list of designated vessels.
         5.   Within two weeks and giving ten days' notice, the vessel owners concerned shall make known at which ports in the subregion and on what dates they intend to take observers on board.
         6.   If the observer is taken on board in a country outside the subregion, his/her travel costs shall be borne by the vessel owner. If a vessel with a regional observer on board leaves the regional fishing zone, all measures shall be taken to ensure the observer's return as soon as possible at the expense of the vessel owner.
         7.   If the observer is not present at the time and place agreed or within the twelve hours following the time agreed, the vessel owner is automatically absolved of their obligation to take the observer on board.
         8.   The observers shall be treated as officers. When the vessel is operating in Ivorian waters, he or she shall carry out the following tasks:

                     8.1.

                     observe the fishing activities of the vessels;

                     8.2.

                     verify the position of vessels engaged in fishing operations;

                     8.3.

                     perform biological sampling in the context of scientific programmes;

                     8.4.

                     note the fishing gear used;

                     8.5.

                     verify the catch data for Ivorian waters recorded in the logbook;

                     8.6.

                     verify the percentages of by-catches and estimate the quantity of discards of species of marketable fish;

                     8.7.

                     report fishing data, including the quantity of catches and by-catches on board, to their competent authority by any appropriate means.

               9.   The master shall do everything in his/her power to ensure the physical safety and welfare of the observer during the performance of his/her duties.
         10.   The observers shall be offered every facility needed to carry out their duties. The master shall give him/her access to the means of communication needed for the discharge of their duties, to documents directly concerned with the vessel's fishing activities, including in particular the logbook and the navigation log, and to those parts of the vessel necessary to facilitate the exercise of their tasks.
         11.   While on board, the observer shall:

                     11.1.

                     take all appropriate steps to ensure that the conditions of their boarding and presence on the vessel neither interrupt nor hamper fishing operations;

                     11.2.

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

               12.   At the end of the observation period and before leaving the vessel, the observer shall draw up an activity report to be transmitted to the competent authorities, with a copy to the European Union. He/she shall sign it in the presence of the master, who may add or cause to be added to it any observations considered relevant, followed by the master's signature. A copy of the report shall be handed to the mastermaster when the scientific observer is put ashore.
         13.   Vessel owners shall bear the cost of accommodating observers in the same conditions as the officers, within the confines of the practical possibilities offered by the vessel.
         14.   The salary and social contributions of the observer shall be borne by the competent authorities.
         15.   The two Parties shall consult each other, and interested third parties, as soon as possible as regards the definition of a system of regional observers and the choice of the competent regional fisheries organisation. Pending the implementation of a system of regional observers, vessels authorised to fish in the Ivorian fishing zone under the Agreement shall take on board, instead of regional observers, observers designated by the competent the Ivorian authorities in accordance with the rules set out above.
         CHAPTER VIII

            CONTROL AND INSPECTION

         1.   Entering and leaving the zone

                     1.1.

                     At least three hours in advance EU vessels shall notify the competent Ivorian authorities responsible for fisheries control of their intention to enter or leave the Ivorian fishing zone.
                     When notifying its entry or exit, the vessel shall notify in particular:

                                 (i)

                                 the date, time and point of passage scheduled;

                                 (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;

                                 (iii)

                                 the nature and presentation of the product.

                     1.2.

                     This information should preferably be communicated by e-mail or, failing that, by fax. The Republic of Côte d'Ivoire shall confirm receipt thereof immediately by return e-mail or fax.

                     1.3.

                     Vessels found to be fishing without having informed the competent Côte d'Ivoire authority shall be regarded as vessels in breach of the rules.

               2.   Inspection procedures

                     2.1.

                     Masters of EU fishing vessels engaged in fishing activities in Ivorian waters shall allow and facilitate boarding and the discharge of their duties by any Ivorian official responsible for the inspection and control of fishing activities.

                     2.2.

                     These officials shall not remain on board for longer than is necessary for the discharge of their duties.

                     2.3.

                     At the end of each inspection, the Ivorian inspectors shall draw up an inspection report. The master of the EU 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 EU vessel. The signature of the inspection report by the master shall be without prejudice to the vessel owner's right of defence in respect of an infringement. If the master refuses to sign this document, he shall specify the reasons for doing so in writing and the inspector shall write "refusal to sign" on it. The Ivorian inspectors shall issue a copy of the inspection report to the master of the EU vessel before leaving.

                     2.4.

                     Masters of EU fishing vessels engaged in landing or transhipment operations in an Ivorian port shall allow and facilitate the inspection of such operations by duly mandated Ivorian inspectors, who are recognisable as such. Once the inspection and control has been completed, a certificate shall be issued to the master of the vessel.

                     2.5.

                     Côte d'Ivoire may authorise the EU to take part in inspections as an observer.

               3.   Transhipment

                     3.1.

                     All EU vessels wishing to tranship catches in Ivorian waters shall do so in or off Ivorian ports.

                     3.2.

                     The owners of such vessels must notify the following information to the competent Ivorian authorities at least 24 hours in advance:

                                 —

                                 the names of the transhipping fishing vessels,

                                 —

                                 the names, IMO numbers and flag of the cargo vessels,

                                 —

                                 the tonnage by species to be transhipped,

                                 —

                                 the day and place of transhipment.

                     3.3.

                     Transhipment shall be considered as an exit from the Ivorian fishing zone. Masters of vessels must submit their catch declarations to the competent Ivorian authorities and state whether they intend to continue fishing or leave Ivorian fishing zone.

                     3.4.

                     Any transhipment of catches not covered above shall be prohibited in Ivorian fishing zone. Any person infringing this provision shall be liable to the penalties provided for by Ivorian law.

               CHAPTER IX

            SATELLITE-BASED VESSEL MONITORING SYSTEM (VMS)

         1.   Vessel position messages – VMS system
         Whilst they are in the Ivorian zone, EU vessels holding a licence 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 contain:

                     (a)

                     the vessel identification,

                     (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 %;

                     (c)

                     the date and time the position is recorded;

                     (d)

                     the speed and the course of the vessel;

               Each position message must be configured in accordance with the format included in Appendix 4 to this Annex. The first position recorded after entry into the Ivorian zone shall be identified by the code ‧ENT‧. All subsequent positions shall be identified by the code ‧POS‧, with the exception of the first position recorded after departure from the Ivorian zone, which shall 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 three years.
         2.   Transmission by the vessel in the event of breakdown of the VMS system
         The master shall ensure at all times that the VMS system of his vessel is fully operational and that the position messages are correctly transmitted to the FMC of the flag State.
         In the event of breakdown, the VMS system of the vessel shall be repaired or replaced within one month. After that period, the vessel shall no longer be authorised to fish in the Ivorian fishing zone.
         Vessels fishing in the Ivorian fishing zone with a defective VMS system must communicate their position messages by e-mail, radio or fax to the FMC of the flag State, at least every four hours, and must provide all the compulsory information detailed in paragraph 1.
         3.   Secure communication of position messages to the Republic of Côte d'Ivoire
         The FMC of the flag State shall automatically send the position messages of the vessels concerned to the Ivorian FMC. The FMC of the flag State and the Ivorian FMC shall exchange their contact e-mail addresses and inform each other immediately of any change to these addresses.
         The transmission of position messages between the FMCs of the flag State and Côte d'Ivoire shall be carried out electronically using a secure communication system.
         The Ivorian FMC shall inform the FMC of the flag State and the EU of any interruption in the receiving of consecutive position messages from a vessel holding a licence, where the vessel concerned has not notified its departure from the fishing zone.
         4.   Malfunction of the communication system
         The Republic of Côte d'Ivoire shall ensure the compatibility of its electronic equipment with that of the FMC of the flag State and inform the EU immediately of any malfunction as regards the communication and receiving of position messages with a view to finding a technical solution as soon as possible. The Joint Committee shall deal with any possible dispute arising.
         The master shall be considered to be responsible for any proven manipulation of a vessel's VMS system aimed at disturbing its operation or falsifying its position messages. Any infringements shall be subject to the penalties provided for by the Ivorian legislation in force.
         5.   Revision of the frequency of position messages
         On the basis of documentary evidence proving an infringement, the Republic of Côte d'Ivoire may ask the FMC of the flag State, copying in the EU, to reduce the interval for sending position messages from a vessel to every thirty minutes for a set period of investigation. That documentary evidence must be sent immediately by the Republic of Côte d'Ivoire to the flag State FMC and the EU. The FMC of the flag State shall immediately send the position messages to Côte d'Ivoire at the new frequency.
         When the period of investigation ends, the Republic of Côte d'Ivoire shall immediately inform the FMC of the flag State and the EU and subsequently inform them of any follow-up.
         CHAPTER X

            INFRINGEMENTS

         1.   Handling of infringements
         Any infringement committed by an EU vessel holding a licence in accordance with the provisions of this Annex must be mentioned in an inspection report. This report shall be sent to the EU and the flag State within seven working days.
         2.   Detention of a vessel – information meeting
         Any EU vessel having committed an infringement may be forced to cease its fishing activity and, where the vessel is at sea, to return to an Ivorian port.
         The Republic of Côte d'Ivoire shall notify the EU within 24 hours of any detention of an EU vessel holding a licence. This notification shall be accompanied by documentary evidence of the infringement.
         Before taking any measure against the vessel, the master, the crew or the cargo, with the exception of measures aimed at protecting evidence, the Republic of Côte d'Ivoire shall organise, at the request of the EU, 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 flag State of the vessel may attend this information meeting.
         3.   Penalties for infringements - compromise procedure
         The penalty for the infringement shall be set by the Republic of Côte d'Ivoire according to the provisions of the national legislation in force.
         Where settling the infringement involves legal proceedings, before these are launched, and provided that the infringement does not involve a criminal act, a compromise procedure shall be undertaken between the Republic of Côte d'Ivoire and the vessel owner or his/her representative in order to determine the terms and level of the sanction. A representative of the flag State of the vessel and of the EU may participate in this compromise procedure. The compromise procedure shall finish at the latest three days after the notification of the detention of the vessel.
         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 the Republic of Côte d'Ivoire, the amount of which, as set by the Republic Côte d'Ivoire, covers 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 without delay 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.

               The Republic of Côte d'Ivoire shall inform the EU of the outcome of the legal proceedings within seven working days of the judgement being given.
         5.   release of the vessel and the crew
         The vessel and its crew shall be authorised to leave the port:

                     —

                     once the obligations arising under the amicable settlement have been fulfilled, or

                     —

                     once the bank security has been lodged.

            Appendices

                        1.

                        Licence application form

                        2.

                        Data sheet

                        3.

                        ICCAT logbook

                        4.

                        Format of VMS position message

                        5.

                        Electronic reporting of fishing operations (ERS)

               Appendix 1

                  Licence application form

               CÔTE D'IVOIRE - EUROPEAN UNION FISHERIES AGREEMENT
               FISHING LICENCE APPLICATION FORM

               Appendix 2

                  Technical sheet

               FREEZER TUNA SEINERS AND LONGLINERS

                                       1.

                                       Fishing zone:

                           Beyond 12 nautical miles from the base lines.

                                       2.

                                       Authorised gear

                           Seine
                           Surface longliners

                                       3.

                                       Prohibited species:

                           In accordance with the Convention on Migratory Species (CMS) and with the ICCAT resolutions, fishing for the basking shark (Cetorhinus maximus), white shark (Carcharodon carcharias), bigeye thresher shark (Alopias superciliosus), hammerhead sharks in the Sphyrnidae family (with the exception of the bonnethead shark), oceanic whitetip shark (Carcharhinus longimanus) and the silky shark (Carcharhinus falciformis) is prohibited. Fishing for the sandtiger shark (Carcharias taurus) and the tope shark (Galeorhinus galeus) is prohibited.
                           The two Parties shall consult within the Joint Committee to update this list on the basis of scientific recommendations.

                                       4.

                                       Authorised tonnage/fees

                                       4.1.

                                       Additional fee per tonne caught

                           EUR 35 per tonne

                                       4.2.

                                       Annual flat-rate fee:

                           EUR 5 390 for 154 tonnes per seiner
                           EUR 1 960 for 56 tonnes per surface longliner

                                       4.3.

                                       Number of vessels authorised to fish

                           28 seiners
                           10 longliners

               Appendix 3

                  Fishing logbook

               Appendix 4

                  Format of VMS position message

               COMMUNICATION OF VMS MESSAGES TO CÔTE D'IVOIRE POSITION REPORT

                           Data Element

                           Field code

                           Mandatory or optional?

                           Remarks

                           Start record

                           SR

                           O

                           System detail; indicates start of record

                           Address destination

                           AD

                           O

                           Message detail; destination Party Alfa-3 ISO country code

                           Source

                           FR

                           O

                           Message detail; destination Party Alfa-3 ISO country code

                           Number

                           RN

                           F

                           Message detail; serial number of the record for the relevant year

                           Type of message

                           TM

                           O

                           Message detail; message type: ‧ENT‧, ‧POS‧ or ‧EXI‧

                           Name of the vessel

                           NA

                           F

                           Name of the vessel

                           External registration number

                           XR

                           F

                           Vessel detail; the side number of the vessel

                           Radio call sign

                           RC

                           O

                           Vessel detail; international radio call sign of the vessel

                           EU Fleet Register Number

                           IR

                           F

                           Vessel detail; Unique Party vessel number Unique Party vessel number as Alfa-3 ISO flag country code followed by number

                           Latitude

                           LT

                           O

                           Position detail; position ± 99.999 (WGS-84)

                           Longitude

                           LG

                           O

                           Position detail; position ± 999.999 (WGS-84)

                           Speed

                           SP

                           O

                           Position detail; Vessel speed in tenths of knots

                           Course

                           CO

                           O

                           Position detail; vessel course 360° scale

                           Date

                           DA

                           O

                           Position detail; UTC date of position (YYYYMMDD)

                           Time

                           TI

                           O

                           Position detail; UTC time of position (HHMM)

                           End record

                           ER

                           O

                           System detail; indicates end of record

                     Format details
               Each data transmission is structured as follows:

                           —

                           a double slash (//) and the characters ‧SR‧ indicate the start of a message;

                           —

                           a double slash (//) and field code indicates the start of a data element,

                           —

                           a single slash (/) separates the field code and the data,

                           —

                           a space separates pairs of data,

                           —

                           the characters ‧ER‧ and a double slash (//) indicate the end of a record.

               Appendix 5

                  Electronic reporting of fishing operations

               Electronic recording and reporting systems

                           1.

                           Every EU vessel fishing under this Protocol must be equipped with a working electronic recording and reporting system, hereinafter referred to as an ERS system (ERS - Electronic Reporting System), capable of recording and transmitting the data on the fishing activities, throughout the period the vessel is present in Ivorian waters. An EU vessel that is not equipped with an ERS system, or whose ERS system is not working, is not authorised to begin a fishing operation in Ivorian waters.

                           2.

                           The flag State and Côte d'Ivoire shall both ensure that their national fisheries monitoring centres (FMCs) are equipped with the necessary IT equipment and software for automatically transmitting the ERS data in the XML format available on http://ec.europa.eu/cfp/control/codes/index_en.htm and saving the ERS data for at least three years. Any amendment or update of the format must be identified and dated and enter into force after a 6-month period.

                           3.

                           The ERS data shall be transmitted using the electronic means of communication operated by the European Commission on behalf of the EU.

                           4.

                           The Parties shall ensure that the ERS data are registered sequentially.

                           5.

                           The flag Member State and Côte d'Ivoire shall ensure that their FMCs exchange the relevant names, e-mail addresses and telephone and fax numbers. Any later changes to this data shall be communicated without delay.

                     Transmission of ERS data

                           6.

                           All EU vessels fishing under this Protocol:

                                       (a)

                                       shall keep an electronic logbook for each day they are in Ivorian waters. Each species shall be identified by its FAO alpha 3 code, in kilograms of live weight or, if necessary, the number of individual fish;

                                       (b)

                                       shall communicate the quantities held on board for each of the species identified on the fishing authorisation, on each entry into and departure from Ivorian waters, the provisions of Chapter VII notwithstanding;

                                       (c)

                                       shall record the catches made in Ivorian waters by species and for each haul, identifying the quantities caught and the discarded catches. For the species identified on the fishing authorisation, the master must also indicate the absence of catches;

                                       (d)

                                       shall record by species the quantities transhipped or unloaded, notwithstanding the provisions of Chapter V;

                                       (e)

                                       shall send the ERS data electronically to the FMC of its flag State before 23:59 UTC.

                           7.

                           The master is responsible for the accuracy of the ERS data recorded and sent.

                           8.

                           The flag State shall ensure that its FMC sends the ERS data to the Ivorian FMC immediately in accordance with the procedures and format indicated in paragraph 2.

                           9.

                           The Ivorian FMC:

                                       (a)

                                       shall process all the ERS data in a confidential manner;

                                       (b)

                                       shall send the ERS data to the FMC of the vessel's flag State within 48 hours of each transhipment and/or unloading operation.

                     Technical failure

                           10.

                           The flag State of an EU vessel shall ensure that the master, the owner, or his representative, is informed immediately of any technical failure of the ERS system installed on his vessel.

                           11.

                           In the event of a technical failure of the ERS system, the master or the owner shall ensure that the ERS system is repaired or replaced within a period of one month of the breakdown.

                           12.

                           Every EU vessel fishing with a defective ERS system shall send the ERS data to the FMC of its flag State before 23:59 UTC by any other available electronic means of communication.

                     Non-receipt of ERS data

                           13.

                           The Ivorian FMC shall notify the FMC of the competent flag State and the EU without delay of any interruption in the transmission of ERS data from an EU vessel fishing under this Protocol.

                           14.

                           Following receipt of this notification, the FMC of the flag State shall immediately identify the reasons for which the ERS data could not be sent and take the appropriate measures to resolve the problem. The FMC of the flag State shall immediately inform the Ivorian FMC and the EU of the causes identified and the corresponding corrective measures.

                           15.

                           The missing ERS data shall be sent by the FMC of the flag State to the Ivorian FMC without delay.

                           16.

                           In the event of the Ivorian FMC not working, the EU shall send Côte d'Ivoire the aggregate ERS data of the EU vessels which had been fishing in its waters, on a monthly basis.


title: 2011/576/EU: Decision of the European Parliament of 10 May 2011 on discharge in respect of the implementation of the budget of the European Chemicals Agency for the financial year 2009#Resolution of the European Parliament of 10 May 2011 with observations forming an integral part of its Decision on discharge in respect of the implementation of the budget of the European Chemicals Agency for the financial year 2009

text:
               27.9.2011

               EN

               Official Journal of the European Union

               L 250/150

         DECISION OF THE EUROPEAN PARLIAMENT
   of 10 May 2011
   on discharge in respect of the implementation of the budget of the European Chemicals Agency for the financial year 2009
   (2011/576/EU)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the European Chemicals Agency for the financial year 2009,

               —

               having regard to the Court of Auditors’ report on the annual accounts of the European Chemicals Agency for the financial year 2009, together with the Agency’s replies (1),

               —

               having regard to the Council’s recommendation of 15 February 2011 (05892/2011 — C7-0052/2011),

               —

               having regard to Article 276 of the EC Treaty and Article 319 of the Treaty on the Functioning of the European Union,

               —

               having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (2), and in particular Article 185 thereof,

               —

               having regard to Regulation (EC) No 1907/2006 of the European Parliament and of the Council (3) establishing a European Chemicals Agency, and in particular Article 97 thereof,

               —

               having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (4), and in particular Article 94 thereof,

               —

               having regard to Rule 77 of, and Annex VI to, its Rules of Procedure,

               —

               having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on the Environment, Public Health and Food Safety (A7-0127/2011),

               1.

               Grants the Executive Director of the European Chemicals Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2009;

               2.

               Sets out its observations in the resolution below;

               3.

               Instructs its President to forward this Decision and the resolution that forms an integral part of it to the Executive Director of the European Chemicals Agency, the Council, the Commission and the Court of Auditors, and to arrange for their publication in the Official Journal of the European Union (L series).

            The President

         Jerzy BUZEK

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 338, 14.12.2010, p. 34.

      (2)  OJ L 248, 16.9.2002, p. 1.

      (3)  OJ L 396, 30.12.2006, p. 1.

      (4)  OJ L 357, 31.12.2002, p. 72.

      RESOLUTION OF THE EUROPEAN PARLIAMENT
      of 10 May 2011
      with observations forming an integral part of its Decision on discharge in respect of the implementation of the budget of the European Chemicals Agency for the financial year 2009
      THE EUROPEAN PARLIAMENT,

                  —

                  having regard to the final annual accounts of the European Chemicals Agency for the financial year 2009,

                  —

                  having regard to the Court of Auditors’ report on the annual accounts of the European Chemicals Agency for the financial year 2009, together with the Agency’s replies (1),

                  —

                  having regard to the Council’s recommendation of 15 February 2011 (05892/2011 — C7-0052/2011),

                  —

                  having regard to Article 276 of the EC Treaty and Article 319 of the Treaty on the Functioning of the European Union,

                  —

                  having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (2), and in particular Article 185 thereof,

                  —

                  having regard to Regulation (EC) No 1907/2006 of the European Parliament and of the Council (3) establishing a European Chemicals Agency, and in particular Article 97 thereof,

                  —

                  having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (4), and in particular Article 94 thereof,

                  —

                  having regard to Rule 77 of, and Annex VI to, its Rules of Procedure,

                  —

                  having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on the Environment, Public Health and Food Safety (A7-0127/2011),

                  A.

                  whereas the Court of Auditors stated that it has obtained reasonable assurances that the annual accounts for the financial year 2009 are reliable and that the underlying transactions are legal and regular,

                  B.

                  whereas 2009 was the European Chemicals Agency’s second year in operation,

                  C.

                  whereas on 5 May 2010 Parliament granted the Executive Director of the Agency discharge for implementation of the Agency’s budget for the financial year 2008 (5), and in its resolution accompanying the discharge decision, inter alia:

                              —

                              drew attention to the fact that the Court of Auditors highlighted delays in the operational activities caused by difficulties in implementing the IT system and by a lack of qualified staff,

                              —

                              expressed its satisfaction with the first successful year of operation of the Agency, the Commission (DG Enterprise and Industry) having been responsible for the budgetary management of the Agency in 2007,

                  D.

                  whereas the budget of the Agency for 2009 was EUR 70 400 000, which is an increase of 6 % on the financial year 2008,

                  1.

                  Notes that the Agency was financed in 2008 by a Community subsidy of EUR 62 200 000 in accordance with Article 185 of the Financial Regulation, and, to a minor extent, by fees paid by industry for registrations of chemical substances in accordance with the REACH Regulation (Regulation (EC) No 1907/2006);

                  2.

                  Underlines the fact that the Agency’s revenues in 2009 stemmed mainly from the annual subsidy from the general budget of the Union, which increased by EUR 4 000 000 compared to 2008 (EUR 62 600 000) and from fee-generated income of EUR 2 200 000; notes that REACH IT fee income is received from companies subject to registration and notification under the REACH Regulation;

                  3.

                  Observes that the increase in Title 3 — Operational expenditure is mainly as a result of the rise in software development costs, as major investments have been needed for the enhancement of the REACH IT system architecture and for further development of a comprehensive chemical safety assessment/chemical safety report tool;

                  4.

                  Takes note, in this context, that the Agency has carried forward 29 % of the total appropriations (EUR 20 000 000) as a result of contracting for major projects related to the preparation for the first registration deadline, which were not concluded by the end of 2009; recommends that the proportion of carry-overs be reduced to respect the principle of annuality;

         Performance

                  5.

                  Congratulates the Agency for having set out, in a table annexed to the Court of Auditors’ 2009 report, a comparison of the operations that were carried out during 2009 and 2008 so as to enable the discharge authority to assess more effectively its performance from one year to the next; notes that the Agency has increased the number of completed registration dossiers (500 in 2009 and 70 in 2008) and the number of enquiries (1 000 in 2009 and 250 in 2008); notes, in addition, an increase in both the number of compliance checks completed (14 in 2009 and 1 in 2008) and the number of proposals for harmonised classification and labelling (30 in 2009 and 14 in 2008);

                  6.

                  Expresses its satisfaction at the Agency’s second successful year of operation, the Commission (DG Enterprise and Industry) having been responsible for the budgetary management of the Agency in 2007; emphasises, in particular, that the smooth and relatively rapid establishment of the Agency is mainly as a result of the effective support provided by its parent Directorate-General, exchanges of experience with other similar agencies and the provision of strong support by the host country;

                  7.

                  Welcomes the Agency’s initiatives for enhancing its customer focus and feedback procedures; congratulates, in particular, the Agency for having conducted a stakeholder survey in 2009 and for having increased assistance activities for industry (such as offering a phone advice service for lead-registrants, workshops, network meetings, public consultations, etc.);

                  8.

                  Requests the Court of Auditors to undertake performance audits on the Agency;

         Carry-over appropriations

                  9.

                  Calls on the Agency to further develop the planning and monitoring of its procurement and budget execution so as to reduce the proportion of carry forward appropriations; notes, in fact, that the Court of Auditors registered a carry forward of EUR 20 000 000 (29 % of the appropriations) to the budgetary year 2010, approximately 88 % of which corresponds to activities not yet implemented (or, in some cases, goods not received) at the year end; remarks, furthermore, that 5 % of the appropriations (EUR 3 000 000) were cancelled;

                  10.

                  Welcomes, nevertheless, the Agency’s commitment to reduce for 2010 the carry-over of commitment appropriations to below 20 % and limit the cancelled appropriations to a considerably lower level as compared to 2008; calls, accordingly, on the Agency to inform the discharge authority of developments in this matter;

         Human resources

                  11.

                  Notes that the total number of posts in the establishment plan has increased by 47 % compared to 2008; welcomes the fact that at the end of the year the Agency had achieved 90 % execution of the establishment plan; recalls, nevertheless, that it is important for the Agency to keep monitoring the implementation of its budget and recruitment plan;

         Internal audit

                  12.

                  Congratulates the Agency for having set up an Internal Audit Capability (IAC) with a role of conducting internal audits and advising the Executive Director on risk management and control systems by issuing independent opinions and recommendations;

                  13.

                  Acknowledges that the Internal Audit Service (IAS) submitted its final strategic audit plan 2010-2012 on 1 December 2009 (3 years on a rolling basis and annually updated); calls, accordingly, on the Executive Director of the Agency to inform the discharge authority of the content of this audit plan;

                  14.

                  Calls on the Agency to inform the discharge authority of the steps taken to improve its control system by strengthening its financial circuits, workflows, audits, action plans and risk assessments;

                  15.

                  Encourages the Agency to effectively ensure that:

                              —

                              all components for financing decisions are in place (e.g. standard formats for its work programme and financial decisions),

                              —

                              the information necessary at each level within the organisation is properly defined and addressed,

                              —

                              the work programme shows all resources made available through the budget,

                              —

                              the documentation of financial procedures and checklists is finalised and updated;

                  16.

                  Refers, in respect of the other observations accompanying its Decision on discharge, which are of a horizontal nature, to its resolution of 10 May 2011 (6) on the performance, financial management and control of the agencies.

         (1)  OJ C 338, 14.12.2010, p. 34.

         (2)  OJ L 248, 16.9.2002, p. 1.

         (3)  OJ L 396, 30.12.2006, p. 1.

         (4)  OJ L 357, 31.12.2002, p. 72.

         (5)  OJ L 252, 25.9.2010, p. 146.

         (6)  Texts adopted, P7_TA(2011)0163 (See page 269 of this Official Journal).


title: 2012/557/EU: Decision of the European Parliament of 10 May 2012 on the discharge for implementation of the European Union general budget for the financial year 2010, Section VII — Committee of the Regions#Resolution of the European Parliament of 10 May 2012 with observations forming an integral part of the decision on the discharge for implementation of the European Union general budget for the financial year 2010, Section VII — Committee of the Regions

text:
               17.10.2012

               EN

               Official Journal of the European Union

               L 286/113

         DECISION OF THE EUROPEAN PARLIAMENT
   of 10 May 2012
   on the discharge for implementation of the European Union general budget for the financial year 2010, Section VII — Committee of the Regions
   (2012/557/EU)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the general budget of the European Union for the financial year 2010 (1),

               —

               having regard to the annual accounts of the European Union for the financial year 2010 (COM(2011) 473 – C7-0262/2011) (2),

               —

               having regard to the Committee of the Regions’ annual report to the discharge authority on internal audits carried out in 2010,

               —

               having regard to the Annual Report of the Court of Auditors on the implementation of the budget concerning the financial year 2010, together with the institutions’ replies (3),

               —

               having regard to the statement of assurance (4) as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the Court of Auditors for the financial year 2010 pursuant to Article 287 of the Treaty on the Functioning of the European Union,

               —

               having regard to Article 314(10) and Articles 317, 318 and 319 of the Treaty on the Functioning of the European Union,

               —

               having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (5), and in particular Articles 50, 86, 145, 146 and 147 thereof,

               —

               having regard to Rule 77 of, and Annex VI to, its Rules of Procedure,

               —

               having regard to the report of the Committee on Budgetary Control (A7-0090/2012),

               1.

               Grants the Secretary-General of the Committee of the Regions discharge in respect of the implementation of the Committee of the Regions budget for the financial year 2010;

               2.

               Sets out its observations in the resolution below;

               3.

               Instructs its President to forward this Decision and the resolution that forms an integral part of it to the Council, the Commission, the Court of Justice of the European Union, the Court of Auditors, the European Ombudsman and the European Data Protection Supervisor, and to arrange for their publication in the Official Journal of the European Union (L series).

            The President

         Martin SCHULZ

            The Secretary-General

         Klaus WELLE

      (1)  OJ L 64, 12.3.2010.

      (2)  OJ C 332, 14.11.2011, p. 1.

      (3)  OJ C 326, 10.11.2011, p. 1.

      (4)  OJ C 332, 14.11.2011, p. 134.

      (5)  OJ L 248, 16.9.2002, p. 1.

      RESOLUTION OF THE EUROPEAN PARLIAMENT
      of 10 May 2012
      with observations forming an integral part of the decision on the discharge for implementation of the European Union general budget for the financial year 2010, Section VII — Committee of the Regions
      THE EUROPEAN PARLIAMENT,

                  —

                  having regard to the general budget of the European Union for the financial year 2010 (1),

                  —

                  having regard to the annual accounts of the European Union for the financial year 2010 (COM(2011) 473 – C7-0262/2011) (2),

                  —

                  having regard to the Committee of the Regions’ annual report to the discharge authority on internal audits carried out in 2010,

                  —

                  having regard to the Annual Report of the Court of Auditors on the implementation of the budget concerning the financial year 2010, together with the institutions’ replies (3),

                  —

                  having regard to the statement of assurance (4) as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the Court of Auditors for the financial year 2010 pursuant to Article 287 of the Treaty on the Functioning of the European Union,

                  —

                  having regard to Article 314(10) and Articles 317, 318 and 319 of the Treaty on the Functioning of the European Union,

                  —

                  having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (5), and in particular Articles 50, 86, 145, 146 and 147 thereof,

                  —

                  having regard to Rule 77 of, and Annex VI to, its Rules of Procedure,

                  —

                  having regard to the report of the Committee on Budgetary Control (A7-0090/2012),

                  1.

                  Emphasises that in its 2010 Annual Report the Court of Auditors identified errors in relation to the recruitment of a permanent member of staff and a procurement procedure for interpreting services;

                  2.

                  Is satisfied with the explanations provided by the Committee of the Regions (CoR) regarding these errors, and with the decisions taken in order to ensure that such situations do not reoccur (improved recruitment procedure for officials from other institutions, supervision and monitoring of contract value estimates using a standard format for documentation, and enhancing the supervisory and control system for tenders by setting up a restricted-access mailbox);

                  3.

                  Welcomes the fact that the Court of Auditors has concluded, on the basis of its audit work, that the payments as a whole for the financial year ended 31 December 2010 for administrative and other expenditure of the institutions and bodies were free from material error; points out that the most likely error rate as regards administrative expenditure in general is estimated at 0,4 % (paragraphs 7.9 and 7.10);

                  4.

                  Welcomes the decision of the CoR to develop and implement a standard format for documentation of the estimates in case of negotiated procedures;

                  5.

                  Notes that in 2010 the CoR had commitment appropriations available amounting to a total of EUR 90 800 000 (EUR 88 000 000 in 2009), with an improved utilisation rate of 99,4 % for 2010 (in 2009 it stood at 98,37 %); stresses that the CoR’s budget is purely administrative, with 72 % of expenditure relating to persons working with the institution and 28 % relating to buildings, furniture, equipment and miscellaneous running costs;

                  6.

                  Calls on the CoR to limit increases of future budgets to a strict minimum and to finance new or extended activities primarily from savings and rationalisation of existing expenditure;

                  7.

                  Calls on the CoR to undertake a comprehensive spending review based on the principle of zero-based budgeting to identify savings, rather than simply adding a nominal percentage increase in line with inflation to existing budgets during each budget cycle;

                  8.

                  Is pleased to note that, in response to the call made in Parliament’s resolution of 10 May 2011 (6) on discharge for the financial year 2009, the CoR has strengthened its budgetary procedure, which now comprises four stages: preparation by the CoR’s administration, assessment of the preliminary draft by the Committee for Financial and Administrative Affairs (CAFA), decision by the CoR Bureau and Plenary Assembly on the draft budget, and a mid-term review of implementation;

                  9.

                  Welcomes the fact that the CoR and the European Economic and Social Committee (EESC) finally obtained EMAS (EU Eco-Management and Audit Scheme) certification on 27 December 2011; asks to be informed of the total quantity of energy used which is produced from renewable sources;

                  10.

                  Is pleased with the results set out in the mid-term review of the functioning of the administrative cooperation agreement between the CoR and the EESC; notes in particular that in establishing joint services the two Committees have been able to make budget savings; would like the Committees to implement the recommendations relating to personnel (further harmonisation of rules), social and medical services and internal services; would like to be informed before the next discharge procedure on the amount of savings made;

                  11.

                  Compliments the CoR on the quality of the summary of the internal audit service’s activities; calls for the audits on the implementation of newly established rights and on budget line management to be carried out as soon as possible, and calls for the recommendations on the setting-up of internal control standards to be followed up more closely and for the adequacy of financial circuits to be strengthened;

                  12.

                  Further compliments the CoR on the improvement plan drawn up in response to the organisation management self-assessment (CAF (7): public administration self-assessment), which aims to:

                              —

                              improve the effectiveness and follow-up of consultative and political activities,

                              —

                              improve support for political activities and enhance interinstitutional relations and international partnerships,

                              —

                              step up cooperation with and between local and regional authorities and related associations,

                              —

                              look into how the CoR’s political mechanisms might benefit from the improved efficiency, including possible reductions in travel expenses, that might be achieved with the use of video-conferencing,

                              —

                              improve the support on offer for CoR members as regards providing citizens’ representatives with information about the CoR,

                              —

                              organise regular seminars for management staff in the presence of the President of the CoR;

                        asks to be kept up to date with this initiative by means of the annual activity report;

                  13.

                  Is impressed by the consistent quality of the annual activity report; hopes that the report will, in future, also include an exhaustive table of all the human resources at the CoR’s disposal, broken down by category, grade, sex, participation in professional training and nationality;

                  14.

                  Reconfirms its position that, in the interests of transparency, declarations of financial interests, including regular updates, of members of all institutions should be accessible on the internet; in this context, is pleased to note that the CoR’s Bureau decided, in December 2011, to make members’ declarations of financial interests available online, in the section of the website devoted to information on members;

                  15.

                  Notes that the Treaty on the Functioning of the European Union highlights the importance of the subsidiarity principle, thus strengthening the role of the CoR; in this context, congratulates the CoR, in particular for its work on the ‘Europe 2020’ strategy and on multi-level governance;

                  16.

                  Takes the view that the CoR’s annual impact report is a useful tool for assessing its work;

                  17.

                  Calls for all opinions issued by the CoR to be attached to the relevant files.

         (1)  OJ L 64, 12.3.2010.

         (2)  OJ C 332, 14.11.2011, p. 1.

         (3)  OJ C 326, 10.11.2011, p. 1.

         (4)  OJ C 332, 14.11.2011, p. 134.

         (5)  OJ L 248, 16.9.2002, p. 1.

         (6)  OJ L 250, 27.9.2011, p. 102.

         (7)  Common Assessment Framework, European Institute for Public Administration, Maastricht 2006.