EN Official Journal of the European Union L 365/8

PROTOCOL

setting out the fishing opportunities and the financial contribution provided for by the Fisheries Partnership Agreement between the Republic of Madagascar and the European Community

Article 1

Scope

1. The fishing opportunities granted under Article 5 of the Fisheries Partnership Agreement shall be as follows:

Tuna and similar species (tuna, bonito, seerfishes, marlin, swordfish), associated species and fisheries under the Indian Ocean Tuna Commission (IOTC) management mandate, excluding — species protected by international conventions, — species whose retention on board, transhipment, landing or whose full or partial storage is prohibited by the IOTC, in particular species belonging to the Alopiidae or Sphyrnidae families, as well as — the following species: Cethorinus maximus, Rhincodon typus, Carcharodon carcharias, Carcharinus falciformis and Carcharinus longimanus, — 40 tuna seiners, and — 32 surface longliners with a tonnage greater than 100 GT, — 22 surface longliners with a tonnage less than or equal to 100 GT.

2. Paragraph 1 shall apply subject to the provisions of Articles 8 and 9 of this Protocol.

Article 2

Duration

This Protocol and its Annex shall apply for a period of 4 years from the date of its provisional application.

Article 3

Principles and objectives underlying the implementation of this Protocol

1. The two Parties hereby undertake to promote responsible fishing in the fishing zone of Madagascar based on the principle of non-discrimination between the different fleets fishing in that zone. All technical conservation measures relating to the granting of fishing authorisations as specified in Appendix 2 to this Protocol shall apply to all foreign industrial fleets operating in the Malagasy fishing zone under technical conditions similar to those applicable to European Union fleets.

2. The Parties undertake to ensure that this Agreement is implemented in accordance with Article 9 of the Cotonou Agreement on essential elements regarding human rights, democratic principles and the rule of law, and fundamental element regarding good governance, sustainable development and sound environmental management.

Article 4

Financial contribution

1. For the whole of the period referred to in Article 2, the financial contribution referred to in Article 7 of the Fisheries Partnership Agreement shall be EUR 6 107 500.

2. This financial contribution shall be allocated as follows:

2.1. an annual amount of EUR 866 250 for each of the first two years of the Protocol, and EUR 787 500 for each of the two following years, equivalent to a reference tonnage, for all species, of 15 750 tonnes per year for obtaining access to the Malagasy fishing zone; and

2.2. a specific amount of EUR 700 000 per year for supporting and implementing Madagascar's sectoral fishery resources and fishing policy. The financial contribution for the sectoral support is made available to the Ministry of Fishery Resources and Fishing (MRHP).

3. Paragraph 1 of this Article shall apply subject to the provisions of Articles 5, 6, 8, 11 and 12 of this Protocol.

4. The financial contribution referred to in paragraph 2 shall be paid into a Madagascar public Treasury account opened at the Madagascar central Bank, the references of which are communicated to the European Union by Madagascar before the start of the provisional application and to be confirmed each year.

Article 5

Payment of the share of the financial contribution for access

1. In the event of the annual amount of catches of the species referred to in Article 1 made in the fishing zone of Madagascar, as declared and validated in respect of the European Union fishing vessels in accordance with Section 1 of Chapter IV of the Annex to this Protocol, exceeding the reference tonnage specified in paragraph 2.1 of Article 4, the amount of the annual financial contribution shall be increased by EUR 55 during the first two years of the Protocol, and EUR 50 during the last two years for each additional tonne caught.

2. However, the annual amount paid by the European Union in respect of access to Madagascar's fishing zone shall not be more than twice the amount indicated in paragraph 2.1 of Article 4 for the corresponding year. If the amounts caught by European Union vessels in Madagascar's fishing zone exceed a quantity corresponding to twice that total annual amount, the amount due in respect of the quantity exceeding that limit shall be paid the following year.

3. The payment of the share of the financial contribution for the access by European Union vessels to the fishing zone of Madagascar shall be made no later than 90 days after this Protocol's provisional application as referred to in Article 15 for the first year, and no later than the anniversary of the date of the provisional application of the Protocol for the following years.

4. The Malagasy authorities shall have full discretion regarding the use to which the financial contribution defined under paragraph 2.1 of Article 4 is put.

Article 6

Implementation and payment of sectoral support

1. The Joint Committee shall agree on, no later than three months after the start of the provisional application of this Protocol, a multiannual sectoral programme, the general objective of which is to promote responsible and sustainable fisheries in the fishing zone of Madagascar, in accordance with Madagascar's national fisheries strategy.

2. The implementation of the multiannual sectoral support programme shall include, amongst other things:

2.1 annual and multiannual guidelines for using the specific amount of the financial contribution referred to in paragraph 2.2. of Article 4;

2.2. the annual and multiannual objectives to be met in order to introduce responsible fishing and sustainable fisheries, taking account of the priorities expressed by Madagascar in its national fisheries policy, in particular the national strategy for the management of tuna fishing and in particular providing support for traditional and artisanal fisheries, monitoring, control and surveillance of fishing activities and in particular combating illegal, undeclared and unmanaged (IUU) fishing, strengthening the capacity of Malagasy fisheries research or the capacity for managing the access and use of marine ecosystems and fisheries resources;

2.3. criteria and procedures including, where appropriate, budgetary and financial indicators to be used for evaluating the results obtained each year.

3. Each year the Malagasy authorities shall submit, in the form of an annual report, a progress report on activities implemented with the assistance of the financial compensation for sectoral support. This report is considered by the Joint Committee. The annual report relating to the previous year will also include an assessment of the implementation of the sectoral support over the whole duration of the Protocol.

4. Any proposed amendment to the multiannual sectoral programme shall be submitted to the Joint Committee.

5. The payment of the share of the financial contribution as regards sectoral support shall be made in annual instalments on the basis of an analysis by the Joint Committee and based on the results of the implementation of the sectoral support, as provided for in paragraphs 2, 3 and 4 of this Article.

6. The European Union may suspend all or part of the payment of the share of the financial contribution referred to in paragraph 2.2 of Article 4 of this Protocol, under the following conditions:

6.1. if, following the examination by the Joint Committee in accordance with paragraph 5, the results obtained were considered unsuitable for the programme adopted by the Joint Committee;

6.2. in the event of failure to implement this financial contribution.

7. After a suspension as provided for in paragraph 6, the payment of the share of the financial contribution for sectoral support will only resume after consultation and agreement between the two Parties and once the results of the implementation of the sectoral support comply with the programme schedule adopted by the Joint Committee. Nevertheless, the payment of the share of the financial contribution for sectoral support may only be made no later than six months after the Protocol expires.

Article 7

Scientific cooperation to ensure responsible fishing

1. By means of scientific cooperation, the Parties undertake to promote responsible fishing in Madagascar's fishing zone and for the species and fisheries managed under the management mandate of IOTC. The Parties undertake to comply with the IOTC's recommendations and resolutions.

2. During the period covered by this Protocol, the European Union and Madagascar shall exchange any relevant scientific information which will make it possible to monitor the condition of fishery resources in Madagascar's fishing zone.

3. During the period covered by this Protocol, the Parties may assemble, if necessary, a joint scientific working group in order to examine any scientific question relating to the implementation of this Protocol. The mandate, composition and functioning of this Joint Scientific Working Group shall be laid down by the Joint Committee.

4. Based on the recommendations and resolutions adopted by the IOTC and in the light of the most recent scientific advice, and where appropriate, the conclusions of Joint Scientific Working Group meetings, the Joint Committee may adopt measures to ensure the sustainable management of the fishery resources covered by this Protocol and concerning the activities of Union fishing vessels.

Article 8

Review of fishing opportunities and technical measures by mutual agreement within the Joint Committee

1. The fishing opportunities referred to in Article 1 may be adjusted by the Joint Committee insofar as the resolutions and recommendations adopted by the IOTC confirm that such adjustments guarantee the sustainable management of the fish species covered by this Protocol, and, if necessary, further to an opinion being sought from the Joint Scientific Working Group.

2. In this case, the financial contribution referred to in paragraph 2.1 of Article 4 shall be adjusted proportionately and pro rata temporis and the necessary amendments made to this Protocol and to its Annex.

3. Where necessary, the Joint Committee may examine and adapt, by mutual agreement, the provisions governing the pursuit of fishing activities and the rules for implementing this Protocol and the Annexes thereto.

Article 9

Exploratory fishing surveys

1. The Joint Committee may authorise exploratory fishing surveys in the Malagasy fishing zone to test the technical feasibility and economic viability of new fisheries. To this end, and at the request of one of the two Parties, it shall determine the species, conditions and any other appropriate parameters, in accordance with conditions laid down by the joint scientific working group.

2. The European Union shall communicate to the Malagasy authorities the applications for exploratory fishing authorisations on the basis of a technical file specifying:

— 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.).

3. The authorisations for experimental fishing are to be granted for for a maximum period of six months. They may be subject to the payment of a fee set by the Malagasy authorities.

4. A scientific observer appointed by Madagascar shall be present on board throughout the duration of the trip.

5. Catches obtained during and for the purposes of the exploratory trip shall remain the property of the vessel owner.

6. The detailed results of the trip shall be sent to the Joint Committee. If the Joint Committee considers that experimental campaigns have yielded positive results, Madagascar may propose to allocate fishing opportunities for the new species to the European Union fleet under another Protocol.

Article 10

Conditions governing fishing activities — Exclusivity clause

1. The European Union fishing vessels may fish in Madagascar's fishing zone only if named on the IOTC's list of authorised fishing vessels and if they have been granted a fishing authorisation issued by the Malagasy authorities under the Partnership Agreement and this Protocol.

2. The Malagasy authorities may only issue fishing authorisations to European Union fishing vessels under the Partnership Agreement and this Protocol; the issuing of authorisations to such vessels outside of this framework, in the form of private licenses in particular, is prohibited.

3. The activities of European Union fishing vessels in Madagascar's fishing zone shall be subject to the laws and regulations of Madagascar, unless otherwise provided for under this Protocol and the Annex hereto.

4. Both Parties shall notify each other of any changes to their fisheries policies and legislation.

Article 11

Suspension

1. The implementation of this Protocol, including payment of the financial contribution may be suspended unilaterally by one of the Parties in the event of failure to comply with the conditions set out in Article 3 of the Agreement and Article 3 of this Protocol, and also in the following cases and circumstances:

1.1. force majeure;

1.2. a major and unresolved dispute between the Parties on the interpretation or implementation of the Agreement and of this Protocol;

1.3. failure on the part of the European Union to pay the financial contribution referred to in paragraph 2.1 of Article 4, for reasons other than those stated in Article 6 of this Protocol.

2. Suspension on the grounds of non-compliance with the conditions provided for in Article 3(2) of this Protocol may occur only if the consultation proceedings provided for in Article 96 of the Cotonou Agreement concerning a violation of essential and fundamental elements of human rights, as defined in Article 9 of that Agreement, have commenced.

3. If the application of the Protocol is suspended for reasons other than those stated in paragraph 2 of this Article, that suspension shall be subject to the Party concerned being required to notify its intention in writing at least three months before the date on which suspension is due to take effect.

4. The suspension of the Protocol on the grounds given in paragraph 2 of this Article shall apply immediately after the suspension decision has been taken.

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

6. All activities of European Union fishing vessels in the Malagasy fishing zone shall be suspended for the duration of the period of suspension.

Article 12

Termination

1. In the event of the termination of this Protocol, the Party concerned shall notify the other Party in writing of its intention to terminate it at least six months before the date on which such termination would take effect.

2. The sending of the notification referred to in the previous paragraph shall lead to consultations between the Parties being initiated.

Article 13

Confidentiality of data

1. Madagascar and the European Union shall undertake that all nominative data relating to European Union fishing 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.

2. The Parties shall ensure that only aggregated data related to fishing activities in the Malagasy fishing zone are made publicly available, in accordance with the relevant provisions of the IOTC.

3. Data which may be considered confidential must be used by the competent authorities exclusively for the purposes of implementing the Agreement and for fishery management, controls and monitoring.

Article 14

Electronic data exchange

1. Madagascar and the European Union undertake to implement the necessary computer systems for the electronic exchange of all information and documents related to the implementation of the Agreement as soon as possible. All electronic exchanges shall be the subject of an acknowledgment of receipt.

2. The electronic form of a document shall be considered in all ways equivalent to the paper version.

3. Madagascar and the European Union shall inform each other of any malfunction of a computer system immediately. The information and documents relating to the implementation of the Agreement shall then be automatically replaced by their paper version.

Article 15

Provisional application

This Protocol shall be applied provisionally from the date of its signature but no earlier than 1 January 2015.

Article 16

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 that purpose.

For the European Union For the Republic of Madagascar