EN Official Journal of the European Union L 349/5

PROTOCOL

between the European Union and the Union of the Comoros setting out the fishing opportunities and financial contribution provided for in the Fisheries Partnership Agreement between the two parties currently in force

Article 1

Period of application and fishing opportunities

1. From 1 January 2014, and for a period of three 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 on the Law of the Sea) with the exception of the Alopiidae and Sphyrnidae families, in addition to the following species: Cetorhinus maximus, Rhincodon typus, Carcharodon carcharias, Carcharhinus falciformis, Carcharhinus longimanus;

— tuna seiners: 42 vessels

— surface longliners: 20 vessels.

2. Paragraph 1 shall apply subject to Articles 5, 6, 7 and 8 of this Protocol.

3. Vessels flying the flag of a Member State of the European Union (hereafter 'EU vessels') may engage in fishing activities in the fishing zone of the Union of the Comoros only if they are in possession of a valid fishing licence issued by the Union of the Comoros 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 1 800 000.

2. The financial contribution comprises:

(a) an annual amount for access to the Union of the Comoros's fishing zone of EUR 300 000, equivalent to a reference tonnage of 6 000 tonnes per year, and

(b) a specific amount of EUR 300 000 per year to support the implementation of the Union of the Comoros's sectoral fisheries policy.

3. Paragraph 1 shall apply subject to Articles 5, 6, 7 and 8 of this Protocol and Articles 12 and 13 of the Agreement.

4. The European Union shall pay the financial contribution referred to in paragraph 1 at the rate of EUR 600 000 per year during the period of application of this Protocol, corresponding to the sum of the annual amounts referred to in paragraph 2(a) and (b).

5. Payment of the financial contribution laid down in paragraph 2(a) for access by EU vessels to the fishing zone of the Union of the Comoros shall be made by the European Union no later than 90 days after the date of provisional application of the Protocol, and in the following years no later than 60 days after the anniversary date of its provisional application.

6. The parties shall ensure regular monitoring of catches taken by EU vessels in the fishing zone of the Union of the Comoros. To this end, the parties shall regularly analyse data on the catch and effort of EU vessels operating in the fishing zone of the Union of the Comoros, notably within the Joint Committee.

7. If the overall quantity of catches by EU vessels in the fishing zone of the Union of the Comoros exceeds the reference tonnage specified in paragraph 2(a), the total amount of the annual financial contribution shall be increased by EUR 50 for each additional tonne caught during the year in question. However, the total annual amount paid by the European Union shall not be more than twice the amount specified in paragraph 2(a) (EUR 600 000). Where 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.

8. The Comorian authorities shall have full discretion regarding the use to which the financial contribution referred to in paragraph 2(a) is put.

9. The financial contribution specified in Article 2(2) of this Protocol shall be paid into a Public Treasury account opened with the Central Bank of the Comoros. The Union of the Comoros shall notify the account references to the European Union every year.

10. From this single account, the amount corresponding to the financial contribution referred to in Article 2(b) shall be transferred to the account TR 5006 opened with the Central Bank of the Comoros by the Ministry responsible for fisheries.

Article 3

Promotion of responsible and sustainable fishing in the waters of the Union of the Comoros

1. No later than three months into the provisional application of this Protocol, the parties shall agree, within the Joint Committee set up under Article 9 of the Fisheries Partnership Agreement, 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(2)(b);

(b) the objectives, both annual and multiannual, to be met to ensure the conditions for responsible and sustainable fishing, taking account of the priorities expressed by the Union of the Comoros in its national fisheries policy or other framework policies promoting responsible and sustainable fishing;

(c) criteria and procedures for evaluating the results obtained each year.

2. Any proposed amendments to the multiannual sectoral programme must be approved by both parties within the Joint Committee.

3. Each year, the parties shall carry out an evaluation within the Joint Committee of the progress made in implementing the multiannual sectoral programme. If necessary, the 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.

4. Each year, the Union of the Comoros shall decide on the allocation, if necessary, of an additional amount to the part of the financial contribution referred to in Article 2(2)(b) with a view to implementing the multiannual sectoral programme. The European Union shall be informed of any such allocation.

Article 4

Scientific and technical cooperation to ensure responsible fishing

1. The parties hereby undertake to promote responsible fishing in the fishing zone of the Union of the Comoros based on the principle of non-discrimination between the different fleets fishing in the zone and the fight against illegal, unreported and unregulated fishing (IUU).

2. Over the period covered by this Protocol, the European Union and the Union of the Comoros shall endeavour to monitor the state of fishery resources in the Union of the Comoros's fishing zone.

3. The parties shall comply with the recommendations and resolutions of the Indian Ocean Tuna Commission (IOTC) and undertake to promote cooperation at subregional level on the responsible management of fishing activities.

4. In accordance with Article 4 of the Agreement, based on the recommendations and resolutions adopted within the IOTC and the best available scientific advice, the parties shall consult each other within the Joint Committee set up under Article 9 of the Agreement with a view to adopting, where necessary after a scientific meeting and by mutual agreement, the technical conservation measures to be implemented by EU vessels to ensure the sustainable management of fisheries resources.

Article 5

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

1. As provided for by Article 9 of the Fisheries Partnership Agreement, the Joint Committee may review the fishing opportunities referred to in Article 1 and adjust them by mutual agreement, provided that they continue to comply with the IOTC's scientific advice and recommendations.

2. In this case the financial contribution referred to in Article 2(2)(a) shall be adjusted proportionately and pro rata temporis. However, the total annual amount of the financial contribution paid by the European Union shall not be more than twice the amount referred to in Article 2(2)(a).

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 6

Exploratory fishing and new fishing opportunities

1. Where EU vessels are interested in fishing activities not provided for in Article 1 for the purpose of testing the technical feasibility and the economic viability of new fisheries, licences for carrying out such activities on an exploratory basis may be allocated in accordance with the relevant Comorian legislation. Where possible such exploratory fishing shall be carried out with the support of locally available scientific and technical expertise.

2. To this end, the European Union shall communicate to the Comorian authorities the applications for exploratory fishing licences in a technical file specifying:

— the targeted species;

— the technical characteristics of the vessel;

— the experience of the vessel's officers with regard to the fishing activities in question;

— the technical parameters of the trip (length, gear, regions to be explored, etc.);

— the type of data collected to ensure scientific monitoring of the fishing activities' impact on the resource and the ecosystems.

3. Exploratory fishing licences shall be granted for a maximum period of 12 months. They shall be subject to the payment of a fee set by the Comorian authorities.

4. Catches consistent with and obtained during the exploratory trip shall remain the property of the vessel owner.

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

6. Where the parties consider that such exploratory fishing trips have produced positive results, the Comorian authorities, in a meeting of the Joint Committee, may allocate fishing opportunities for new species to the EU fleet until the expiry of this Protocol. The financial contribution referred to in Article 2(2)(a) of this Protocol shall be increased accordingly. The fees and other conditions for vessel owners laid down in the Annex shall be amended accordingly.

Article 7

Suspension and revision of the payment of the financial contribution

1. The financial contribution 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 apply:

(a) fishing activities in the Union of the Comoros's fishing zone are prevented owing to unusual circumstances other than natural phenomena;

(b) significant changes in the formulation or implementation of the fisheries policy of either one of the parties affecting the provisions of this Protocol;

(c) activation of the consultation mechanisms laid down in Article 96 of the Cotonou Agreement owing to a violation of essential and fundamental elements of human rights within the meaning of Article 9 of that 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:

(a) if the results obtained are deemed inconsistent with the programming in an evaluation carried out by the Joint Committee;

(b) in the event of failure to implement this financial contribution.

3. Payment of the financial contribution shall resume after consultation and agreement between the parties as soon as the situation prior to the events mentioned in paragraph 1 has been re-established, and/or if the results of the financial implementation referred to in point 2 so warrant.

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 parties after consultation within the Joint Committee if one or more of the following conditions apply:

(a) fishing activities in the Union of the Comoros's fishing zone are prevented owing to unusual circumstances other than natural phenomena;

(b) significant changes in the formulation or implementation of the fisheries policy of either one of the parties affecting the provisions of this Protocol;

(c) activation of the consultation mechanisms laid down in Article 96 of the Cotonou Agreement owing to a violation of essential and fundamental elements of human rights within the meaning of Article 9 of that 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 7 of this Protocol;

(e) a serious and unresolved dispute between the 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 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 application of the Protocol was suspended.

Article 9

Applicable legislation

1. The activities of EU fishing vessels operating in the Union of the Comoros's fishing zone shall be governed by the applicable law in the Union of the Comoros, unless the Fisheries Partnership Agreement or this Protocol provide otherwise.

2. The parties shall notify each other in writing of any changes in their fisheries policy or legislation.

Article 10

Electronic communication

1. The Union of the Comoros 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 version of documents provided for by this Protocol shall be considered equivalent to the paper version in every respect.

3. The Union of the Comoros and the European Union 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.

Article 11

Confidentiality of data

The Union of the Comoros and the European Union undertake to ensure that all nominative data relating to EU vessels and their fishing activities to which they have gained access in the framework of the Agreement will, at all times, be processed strictly in accordance with confidentiality and data protection principles.

Article 12

Termination

1. In the event of 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. Dispatch of a notification as referred to in the previous paragraph shall open consultations by the parties.

Article 13

Provisional application

This Protocol with its Annex shall apply provisionally from 1 January 2014.

Article 14

Entry into force

This Protocol with its Annex 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 Union of the Comoros