No C 196/14 Official Journal of the European Communities 1. 8. 89 
COMMISSION 
Proposal for a Council Regulation (EEC) relating to the conclusion of the Protocol defining for 
the period from 21 May 1989 to 20 May 1992 the fishing opportunities and the financial contri­
bution provided for by the Agreement between the European Economic Community and the 
Government of the Democratic Republic of Madagascar on fishing off the coast of Madagascar 
COM(89) 306 final 
(Submitted by the Commission on 19 June 1989) 
(89/C 196/11) 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European 
Economic Community, and in particular Article 43 
thereof, 
Having regard to the proposal from the Commission, 
Having regard to the opinion of the European 
Parliament, 
Whereas, in accordance with the Agreement between the 
European Economic Community and the Government of 
the Democratic Republic of Madagascar on fishing off 
the coast of Madagascar, signed in Antananarivo on 28 
January 1986 ('), the Contracting Parties held nego­
tiations with a view to determining amendments or 
additions to be made to the Agreement at the end of the 
period of application of the first Protocols; 
Whereas as a result of these negotiations a new Protocol 
defining for the period from 21 May 1989 to 20 May 
1992 the fishing opportunities and the financial contri­
bution provided for by the Agreement was initialled on 
28 April 1989; 
Whereas it is in the Community's interest to approve this 
Protocol, 
O OJ No L 73, 18. 3. 1986, p. 26. HAS ADOPTED THIS REGULATION: 
Article 1 
The Protocol defining for the period from 21 May 1989 
to 20 May 1992 the fishing opportunities and the 
financial contribution provided for by the Agreement 
between the European Economic Community and the 
Government of the Democratic Republic of Madagascar 
on fishing off the coast of Madagascar is hereby 
approved on behalf of the Community. 
The text of the Protocol is attached to this Regulation. 
Article 2 
The President of the Council is hereby authorized to 
designate the persons empowered to sign the Protocol in 
order to bind the Community. 
Article 3 
This Regulation shall enter into force on the third day 
following its publication in the Official Journal of the 
European Communities. 
This Regulation shall be binding in its entirety and 
directly applicable in all Member States. 
1. 8. 89 Official Journal of the European Communities No C 196/15 
PROTOCOL 
defining for the period from 21 May 1989 to 20 May 1992 the fishing opportunities and the 
financial contribution provided for by the Agreement between the European Economic 
Community and the Government of the Democratic Republic of Madagascar on fishing off the 
coast of Madagascar 
THE CONTRACTING PARTIES, 
Having regard to the Agreement between the European Economic Community and the 
Government of the Democratic Republic of Madagascar on fishing off Madagascar, signed on 
20 January 1986 and amended by the Agreement signed on 12 November 1987, 
HAVE AGREED AS FOLLOWS: 
Article 1 
Pursuant to Article 2 of the Agreement, licences authorizing simultaneous fishing in Mada­
gascar's fishing zone shall be granted to 45 ocean-going freezer tuna vessels for a period of 
three years beginning on 21 May 1989. 
Article 2 
The amount of the contribution referred to in Article 7 of the Agreement shall be fixed at a flat 
rate of at least ECU 1 800 000 for the duration of the Protocol, payable in three equal annual 
instalments. This amount is to cover the fishing activities referred to in Article 1 up to a total 
annual catch of 12 000 tonnes of tuna in Madagascar's fishing zone; if the tuna caught by 
Community vessels in Madagascar's fishing zone exceeds this weight, the amount referred to 
above shall be proportionately increased; however, irrespective of the amount actually caught, 
financial compensation shall not exceed ECU 1 000 000 per year. 
Article 3 
Each year for three successive years, a reconnaissance campaign to find crustaceans in water 
deeper than 50 metres shall be carried out jointly by Community shipowners to be chosen by 
the Malagasy authorities, research institutes in Madagascar and the Member States of the 
Community, and the Malagasy minister with responsibility for fisheries. 
The Community shall also contribute ECU 900 000 over the duration of the Protocol to 
finance the campaigns. This contribution may be used to cover shipowners' economic losses 
and the emoluments of Malagasy and Community scientists. Catches by the vessel concerned 
shall be the property of the shipowner. 
The results of each campaign must be sent to the Malagasy ministry with responsibility for 
fisheries and the Commission delegation to Madagascar before the beginning of the following 
campaign. In the light of these results, starting from the second reconnaissance campaign 
licences may be granted to Community vessels to fish in Madagascar's deep-water zones under 
conditions to be defined at a meeting of the Joint Committee referred to by Article 9 of the 
Agreement. 
The terms of reference for these reconnaissance campaigns shall be agreed between the two 
Parties before 31 July 1989. 
No C 196/16- Official Journal of the European Communities 1. 8. 89 
Article 4 
The Community shall also, during the period referred to in Article 1, contribute ECU 600 000 
to finance a Malagasy scientific programme to improve knowledge of the highly migratory 
species existing in the Indian Ocean around Madagascar. 
At the request of the Government of Madagascar, this contribution may take the form of 
assistance with the costs of international meetings to improve knowledge of these species and 
the management of fishery resources. 
Article 5 
The Contracting Parties hereby agree that increasing the skills and knowlegde of those 
concerned with sea fishing is essential to the success of their cooperation. The Community shall 
therefore facilitate the entry of Malagasy nationals to educational establishments in its Member 
States, and for this purpose shall make available to them grants for study or practical training 
courses lasting a maximum of five years in the various scientific, technical and economic fields 
linked to fishing. The total cost of these grants may not exceed ECU 500 000, equivalent to 
approximately 500 grant/months. The grants may also be used in any country linked to the 
Community by a Cooperation Agreement. 
Article 6 
Protocols 1 and 2 and the Annex to the Agreement between the European Economic 
Community and the Government of the Democratic Republic of Madagascar on fishing off 
Madagascar are hereby repealed and replaced by this Protocol and Annex. 
Article 7 
This Protocol shall enter into force on the date of its signature. 
It shall be applicable from 21 May 1989. 
ANNEX 
CONDITIONS GOVERNING THE PURSUIT OF FISHING ACTIVITIES BY COMMUNITY 
VESSELS IN MADAGASCAR'S FISHING ZONE 
1. Formalities concerning application for and issue of licences 
After payment of the fees by shipowners, the competent Community authorities shall present to the 
competent Malagasy authorities an application in respect of each vessel that wishes to fish under the 
Agreement. The application must be made on the form provided by Madagascar for this purpose, 
according to the attached model. 
The Malagasy authorities shall then send the licence provided for in Article 4 of the Agreement to the 
Delegation of the Commission of the European Communities in Antananarivo within 15 working days. 
Owners of tuna vessels shall be obliged to be represented by an agent in Madagascar. 
t ^ ^ C0^ic^l]oiirn^lofrri^Eiiror^^nC^Omrriunin^ ^loC^ r^oBtB 
^ Va^d^ryo^ce^ces 
The licences shall be valid for one year and shall be renewable 
^ach licence shall be issued foraspecific vessel,and shall not be transferable however, in the event of 
^rc^^^^^ahcence for one vessel may be replaced byalicence for another vessel of similar charac^ 
tenstics should the European economic Community so request The owner of the vessel being replaced 
shall return the cancelled licence to the Malagasy ministry with responsibility for fisheries via the Uele^ 
gation of the Commission of the European Communities 
The new licence shall indicate 
— the date of issue, 
— the fact that it cancels and replaces the licence of the previous vessel 
^ ^ay^eor^for^ce^ces 
r^or oceangoing freezer tuna vessels,the fee provided for by^rticle^of the agreement shall be 
set at r^CO^O per tonne of tuna caught in Madagascar^sfishmg^one 
Licences shallbeissuedonadvance payment totheMalagasyTreasuryofafi^edannualsumof 
r^COtOOO per freezer tuna vessel 
^ ee^r^^ 
The licence fee for vessels other than tuna boats shall be set according to gross register tonnage 
^ Oecta^a^oo of catches 
^ftertheendof eachcalendar year, theCommissionof the ^uropeanCommunitiesshallmform the 
Malagasy authorities no later than ^t March each year of the provisional catch figures for the 
preceding calendar year, on the basis of the fishing forms drawn up by the shipowners and referred to 
in paragraphs 
^ t^ea^dowoot^eesdue 
^.breal^down of the fees due in respect ofafishing year shall be drawn up by the Commission of the 
European Communities and the Malagasy authorities, taking account of available scientific opinion 
and any statistical information gathered in the tndian (Ocean by an international fisheries organisation 
shipowners shall be notifiedby the Commissionofther^uropeanCommunities of thisbreal^downby 
the endof^pnland shall have^Odaysmwhichtomeet their financialobhgations Theshipowner 
cannot recover the balance in cases where the amount payable in respect of actual fishing operations is 
less than the advance payment 
D ^Oad^DCDo^^^ca^Dosaod^sh^^for^s 
The captain shall notify the coastal radio station and Antsiranana or inform the Malagasy authorities 
by tele^ at least ^^hoursmadvance of hisintentionofbnnginghis vessel intoMadagascar^s fishing 
^one 
Vessels shall indicate their position and catches every three days,and at the end ofeach period spent 
fishing in Madagascar^sfishmg^one,either by radio to the coastal radio station at Antsiranana or by 
tele^ This information must also be indicated on entering or leaving Madagascar^sfishmg^one,either 
by radio to the antsiranana station or by tele^ 
The radio frequency to be used and the tele^ number will be indicated on the licence 
The captain must also fill mafishing form corresponding to the attached model for each period spent 
fishing in Madagascar^sfishmg^one 
The sheet, which must be legible and signed by the captain of the ship, must reach the Malagasy 
minister with responsibility for fisheries viatheshipowner^s agent assoon aspossible andpreferably 
withm^O days of the period spent fishing in Madagascar^ fishing ^one Acopy must alsobe sent to 
the delegation of the Commission of the European Communities 
M the eventof failure tocomplywiththeseprovisions the Malagasy authoritiesreservethenghtto 
suspend the licence of the vessel in question until the formalities have been completed 
^oC^r^oB^ C^ffici^l]ourn^lof rlicEuron^^nC^ornrnuninc^ t^ ^ 
At the request of the Malagasy authorities, tuna vessels shall take an observer on board. The time spent 
by the observer on board shall be fi^ed by the Malagasy authorities,but, asageneral rule,an observer 
must not be present for longer than the time required to carry out his duties. 
The shipowner shall,via his agent, makeapayment of ^CC^tOto the Malagasy government for each 
day spent by an observer aboardatuna boat. 
should atunaboatwith aMalagasyobserveronboardleaveMadagascar^sfishingzone, every step 
shall be taken to ensure that the observer returns to Madagascar as soon as possible, at the shipowners 
expense. 
^ ^^iptoyroe^tofsea^eo 
For the oceangoing tuna fleet, twoMalagasy seamen shall be signed on permanently for the duration 
of the fishing season. 
should Madagascar not put forward any candidates,this commitment shall be replaced byaflatrate 
sumequivalentto^O^Boof the seamen^swages,inproportionto the durationof the seasons this sum 
will be used for the training of Malagasy fishermen. 
community vessels shall have access to all waters under Madagascar^siurisdiction outside the twomile 
zone. 
should the Malagasy authorities decide to install experimental fish concentration devices ^UC^, they 
shall inform the Commission of the European Communities and the agents of the shipowners 
concerned, indicating the geographical position of the devices. 
From the 30th day after such notification, it shall be forbidden to approach within t,5 nautical miles of 
the devices. The dismantling of any device must be immediately notified to the same parties. 
tO. Use of po^r faeces 
Theauthoritiesof Madagascar and the beneficiariesoftheAgreementshalllaydowntheconditions 
for using port facilities. 
M t^specnooa^d^o^tor^gof^sh^gaenv^nes 
Vessels holdingalicence shallpermit and assist any Malagasy officialresponsible for the inspection 
and monitoring of fishing activities to board the ship and carry out his duties. 
t^. T^sb^p^e^t 
When fish are transhipped,oceangoing freezer tuna vessels shall hand over the fish which they do not 
intend to keep to a company or organization nominated by the Malagasy authorities in charge of 
fisheries. 
P ^. ^ COfficial]ournaloftheEuroneanCommunities ^od r^Bt^ 
APPLICATION FORM FORAFISFIINC LICENCE 
t. PeriD^ofvali^tity^from to 
^. Name an^fla^ of vessel 
e^. Name of shipowner 
^. Port of registration an^l registration number 
^. Type of fishing 
^. Authori^e^meshsi^e 
B^. Length of vessel 
^. r^rea^th of vessel 
^. Cross re^istere^t tonnage 
tO. Hol^l capacity 
tt. Power of engine 
t^. Type of construction 
te^. Number of crew normally carried 
t^t. Ra^lio equipment 
t^. Ra^liocallsi^n 
tD. Name of captain 
The shipowner,orhisrepresentative, is entirely responsible for the accuracyof this information. 
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