EN    EN  COMMISSION OF THE E UROPEAN COMMUNITIES 
Brussels, 31.3.2004 
COM(2004) 217 final 
  
Proposal for a 
COUNCIL DECISION 
on the conclusion of the Agreement 
in the form of an Exchange of Letters co ncerning the provisional application of the 
Protocol defining for the period 1 Janua ry 2004 to 31 December 2006 the tuna fishing 
opportunities and the financial contribution provided for in the Agreement between the 
European Economic Community and the Democratic Republic of Madagascar on 
fishing off Madagascar 
(Presented by the Commission) 
 
 2    EXPLANATORY MEMORANDUM  
The Protocol to the Fisheries Agreement betw een the EC and the Democratic Republic of 
Madagascar expires on 21 May 2004. A new Protocol defining the technical and financial 
conditions governing the fishing activities of EC vessels in th e waters of Madagascar during 
the period 1 January 2004 to 31 December 2006 wa s initialled by both parties on 8 September 
2003. 
The new Protocol grants fishing opportunities for 40 tuna seiners and 40 surface longliners. 
The financial contribution is fixed at €825 000 per year, covering an annual catch of 11 000 
tonnes of tuna in Malagasy waters. A large portion of this amount  (€505 000 per year) is 
earmarked for targeted measures, such as scie ntific and training programmes, support for an 
inspection and surveillance system , assistance with the developm ent of traditional fisheries, 
etc. 
While it is in keeping with the tuna agreem ents concluded by the Community with certain 
Indian Ocean countries, this new Protocol rein forces the concept of responsible, sustainable 
fisheries and makes it possible to promote a partnership focussing on compliance with the 
laws and regulations in force under Madagascar 's fisheries policy. New provisions have been 
introduced to this end: (i) the exclusivity cl ause, which prohibits the existence of private 
licences or other private arrangements outside th e scope of the Agreement, (ii) a detailed 
programme for the targeted measures, including a schedule and the objectives to be achieved, 
(iii) VMS requirements to reinforce checks on vessels operating in Malagasy waters, 
including the transmission of hourly reports gi ving their course and speed, (iv) the social 
clause applicable to local seamen signed on by Community vessels, (v) a section on the penalties imposed for infringements of the Prot ocol and the Annex thereto, and (vi) a section 
on safeguarding the marine environment and protected species. 
On this basis, the Commission proposes that  the Council adopt by  Decision the draft 
Agreement in the form of an Exchange of Le tters on the provisional ap plication of the new 
Protocol pending its definitive entry into force. 
A proposal for a Council Regulation on the conclusi on of the new Protocol is the subject of a 
separate procedure. 
 
 3    Proposal for a 
COUNCIL DECISION 
on the conclusion of the Agreement 
in the form of an Exchange of Letters co ncerning the provisional application of the 
Protocol defining for the period 1 Janua ry 2004 to 31 December 2006 the tuna fishing 
opportunities and the financial contribution provided for in the Agreement between the 
European Economic Community and the Democratic Republic of Madagascar on 
fishing off Madagascar 
THE COUNCIL OF THE EUROPEAN UNION, 
Having regard to the Treaty establishing th e European Community, and in particular 
Article 37 in conjunction w ith Article 300(2) thereof, 
Having regard to the proposal from the Commission1, 
Whereas: (1) Under the Agreement between the European Economic Community and the 
Democratic Republic of Madaga scar on fishing off Madagascar
2, the Community and 
the Republic of Madagascar conducted negot iations to determine the amendments or 
additions to be made to that Agreement at the end of the period of application of the 
Protocol thereto. 
(2) As a result of those negotiations, a new Protocol was initialled on 8 September 2003. 
(3) Under this Protocol, Community fishermen enjoy fishing opportunities in the waters 
falling within the sovereignty or jurisdicti on of the Republic of Madagascar for the 
period from 1 January 2004 to 31 December 2006. 
(4) In order to guarantee the cont inuity of fishing activities by Community vessels, it is 
essential that the new Protocol be applied as  soon as possible. For this reason, the two 
parties have initialled an Agreement in the form of an Exchange of Letters providing 
for the provisional application of the in itialled Protocol as from 1 January 2004. 
(5) The Agreement in the form of  an Exchange of Letters s hould be approved, subject to 
the conclusion of the Pr otocol by the Council. 
(6) The method of allocating the fishing oppor tunities among the Member States should 
be defined on the basis of the traditional allocation of fishing opportunities under the 
Fisheries Agreement, 
                                                 
1 OJ C , , p. . 
2 OJ L 73, 18.3.1986, p. 26. 
 
 4    HAS DECIDED AS FOLLOWS: 
Article 1 
The Agreement in the form of an Exchange of  Letters concerning the provisional application 
of the Protocol defining, for the period 1 Ja nuary 2004 to 31 December 2006, the tuna fishing 
opportunities and the financial contribution provided for by the Agreement between the 
European Economic Community and the Democrat ic Republic of Madagascar on fishing off 
Madagascar is hereby approved on behalf of the Community. 
The text of the Agreement in the form of an Ex change of Letters is a ttached to this Decision. 
Article 2 
The fishing opportunities provided for in the Prot ocol shall be allocated among the Member 
States as follows: 
(a) tuna seiners: 
Spain: 22 vessels France: 16 vessels Italy :   2 vessels 
(b) surface longliners: 
Spain: 24 vessels France: 10 vessels Portugal: 6 vessels 
If licence applications from th ese Member States do not cove r all the fishing opportunities 
laid down by the Protocol, the Commission may ta ke into consideration licence applications 
from any other Member State. 
Article 3 
Member States whose vessels fish under this Pr otocol are obliged to notify the Commission of 
the quantities of each stock taken in the Mala gasy fishing zone in accordance with the 
arrangements laid down in Commission Re gulation (EC) No 500/2001 of 14 March 2001
3. 
                                                 
3 OJ L 73, 15.3.2001, p. 8. 
 
 5    Article 4 
The President of the Council is hereby authorised  to designate the persons empowered to sign 
the Agreement in order to bind the Community. 
Done at Brussels, 
 For the Council 
 The President 
 
 6    Agreement  
in the form of an Exchange of Letters co ncerning the provisional application of the 
Protocol defining for the period 1 January 2004 to 31 December 2006 the tuna 
fishing opportunities and the financial co ntribution provided for in the Agreement 
between the European Economic Community and the Democratic Republic of 
Madagascar on fishing off Madagascar 
 
 A. Letter from the Government of Madagascar 
Sir, With reference to the Protocol initialled on 8 September 2003 in Antananarivo defining 
the tuna fishing opportunities and the financial contribution for the period 
1 January 2004 to 31 December 2006, I have the honour to inform you that the Government of the Republic of Madagascar is prepared to apply this Protocol on a 
provisional basis with eff ect from 1 January 2004, pending its entry into force in 
accordance with Article 7 of the said Protoc ol, provided the Commun ity is prepared to 
do likewise. 
It is understood that, this be ing the case, the financial compensation provided for in 
Article 2 of the Protocol is to  be paid before 30 September 2004. 
I should be obliged if you would confir m the Community's agreement to such 
provisional application. 
Please accept, Sir, the assurance of my highest consideration. 
For the Government of the Republic of Madagascar 
 
 7     
B. Letter from the Community 
Sir, I have the honour to acknowledge receipt of yo ur letter of today's date which reads as 
follows: 
"With reference to the Protocol initialled on 8 September 2003 in Antananarivo defining 
the tuna fishing opportunities and the financial contribution for the period 
1 January 2004 to 31 December 2006, I have the honour to inform you that the Government of the Republic of Madagascar is prepared to apply this Protocol on a 
provisional basis with eff ect from 1 January 2004, pending its entry into force in 
accordance with Article 7 of the said Protoc ol, provided the Community is prepared to 
do likewise. 
It is understood that, this be ing the case, the financial compensation provided for in 
Article 2 of the Protocol is to  be paid before 30 September 2004. 
I should be obliged if you would confir m the Community's agreement to such 
provisional application." 
I have the honour to confirm the Community's agreement to such provisional 
application. 
Please accept, Sir, the assurance of my highest consideration. 
On behalf of the Council of the European Union 
 
 8    PROTOCOL  
defining for the period 1 January 2004 to 31 December 2006 the tuna fishing 
opportunities and the financial contributio n provided for in the Agreement between 
the European Economic Community and the Democratic Republic of Madagascar 
on fishing off Madagascar  
Article 1 
1. Under Article 2 of the Agreement, licen ces authorising fishing in the Malagasy 
fishing zone shall be granted to 40 freezer  tuna seiners and 40 surface longliners 
for a period of three year s beginning on 1 January 2004. 
In addition, at the request of the Commun ity, certain permits may be granted to 
other categories of fishing vessel under conditions to be defined within the Joint 
Committee referred to in Article 9 of the Agreement. 
2. Vessels flying the flag of a Member St ate of the European Community may fish 
for tuna in Madagascar's fishing zone onl y if they are in po ssession of a fishing 
licence issued under this Protocol in accordance with the arrangements 
described in the Annex. 
Article 2 
1. The financial contribution referred to in  Article 7 of the Agreement shall be 
fixed at €825 000 per year (comprising €320 000 in financial compensation, to be paid not later than 30 September for th e first year and 30 Ap ril for the second 
and third years, and €505 000 for the measur es referred to in Article 3 of this 
Protocol). 
However, the financial compensation to be paid for the first year of application 
of the Protocol (1 January 2004 to 31 December 2004) shall be €196 385 following deduction of the amount already paid under the preceding Protocol in respect of the period 1 January 2004 to 20 May 2004. 
2. The financial contribution shall cover an annual catch  of 11 000 tonnes of tuna 
in Malagasy waters; if the tuna caught by Community vessels in the Malagasy fishing zone exceeds this weight, the amount referred to above shall be proportionately increased. However, the total amount of the financial contribution paid by the Community shal l not be more than twice the amount 
indicated in paragraph 1. 
3. The financial compensation shall be paid into an account opened with the Public 
Treasury, to be specified by the Malagasy authorities. 
Article 3  
1. In order to guarantee the de velopment of sustainable, responsible fisheries, the 
two parties shall in their mutual interest encourage a partnership aimed at 
 
 9    promoting in particular: enhanced knowledge of fisheries resources and 
biological resources, fisher ies inspection, development of non-industrial fishing, 
fishing communities and training. 
2. From the financial contribution provided for in Article 2(1), the measures set out 
below shall be funded to the tune of  €505 000 per year, broken down as follows: 
(a) €90 000 for Malagasy scientific programmes to improve knowledge of 
fisheries resources and ensure sustai nable management thereof. At the 
request of the Government of Madaga scar, this contribution may take the 
form of assistance with expenses asso ciated with international meetings to 
improve such knowledge, as well as ma nagement of fisheries resources. 
(b) €267 000 towards a system of fi sheries monitoring, inspection and 
surveillance. 
(c) €60 000 for the financing of study gran ts and training c ourses and for the 
training of seamen. 
(d) €68 000 for assistance with the development of traditional fisheries. (e) €20 000 towards the management of observers. 
3. The amounts referred to in points (a), (b ), (d) and (e) shall be paid to the 
Ministry responsible for fisheries afte r a detailed annual programme, including a 
schedule and the objectives set for each of  these targeted measures, has been 
presented to the European Commission and no later than 30 September 2004 for 
the first year and 30 April for the second a nd third years; they shall be paid into 
the bank accounts of the re levant Malagasy authori ties. The annual programme 
must reach the European Commission by 31 July 2004 for the fi rst year and by 
28 February for the following years. Howe ver, for the first year, the programme 
must cover only the period 21 May 2004 to 31 December 2004. 
The European Commission reserves the right  to request the Ministry responsible 
for fisheries for any additional informa tion which may be considered necessary. 
4. The amounts referred to at (c) shall be disbursed to the Ministry responsible for 
fisheries and paid, as the funds are use d, into the bank accounts indicated by it. 
5. The relevant Malagasy authorities shall send the European Commission an 
annual report on the use of the funds allo cated to the measures provided for in 
paragraph 2 above, and on the implementati on of those measures and the results 
achieved, not later than 31 March of  the following year. The European 
Commission reserves the right to request the Ministry responsible for fisheries 
for any additional information. In the light  of the actual implementation of those 
measures and after consulting the relevant Malagasy authorities in the context of 
a meeting of the Joint Committee provided for in Article 9 of the Agreement, the European Commission may review the payments concerned. 
 
 10    Article 4 
Should the European Community fail to make the payments provided for in Articles 2 
and 3, Madagascar may suspend the application of this Protocol. 
Article 5 
If serious circumstances, with the exception of natural phenomena, prevent the exercise 
of fishing activities in Madagascar's fishi ng zone, payment of the financial contribution 
may be suspended by the European Community  following prior c onsultations between 
the two parties. 
Payment of the financial contribution shall be  resumed as soon as normality is restored 
and after consultations between  the two parties confirm that  the situation is likely to 
permit a return to fishing activities. 
The validity of the licences granted to Community vess els under Article 4 of the 
Agreement shall be extended by a period eq ual to the period during which fishing 
activities were suspended. 
Article 6 
The Annex to the Agreement between th e European Economic Community and the 
Democratic Republic of Madagascar on fishi ng off Madagascar is hereby repealed and 
replaced by the Annex to this Protocol. 
Article 7 
This Protocol shall enter into force on the date of its signing. 
It shall apply from 1 January 2004.  
 
 11    ANNEX  
CONDITIONS GOVERNING TUNA-FISHING ACTIVITIES BY EUROPEAN 
COMMUNITY VESSELS IN THE MALAGASY FISHING ZONE 
1. LICENCE  APPLICATION  AND  ISSUING  FORMALITIES 
The procedure for applying for and issuing licences authorising European Community 
vessels to fish in Malagasy waters shall be as follows: 
(a) Through its representative in Mada gascar, the European  Commission shall 
present simultaneously to the Malagasy authorities: 
– a licence application for each vessel, completed by owners wishing to fish 
under this Agreement, no later than  1 December preceding the year of 
validity of the licence.   By way of derogation from the above provision, vessel-owners who have not 
submitted a licence application prior to 1 December may do so during the calendar year under way no later than 30 da ys before the start of the fishing 
activities. In such cases, vessel owners shall pay the entire  fees due for the 
full year in accordance with point 2(b). 
– an annual application for prior authorisati on to enter Malagasy territorial 
waters; such authorisation shall be valid for the duration of the licence. 
Licence applications shall be made on th e form provided by Madagascar for this 
purpose, in accordance with the specimen given in Appendix 1; they shall be 
accompanied by proof of payment of th e advance chargeable to the vessel-
owner. 
(b) Licences shall be issued for a specifi c vessel and shall not be transferable. 
However, at the request of the European Commission and in cases of force 
majeure , a vessel's licence shall be replaced by a new licence for another vessel 
whose features are similar to those of the vessel to be replac ed. The owner of the 
vessel being replaced shall return the can celled licence to the Malagasy Ministry 
responsible for sea fisheries via th e European Commission Delegation in 
Madagascar. 
The new licence shall indicate: 
– the date of issue, 
– the fact that it invalidates and replaces  the licence of th e previous vessel. 
No fee as laid down in Article 5 of th e Agreement shall be due for the unexpired 
period of validity. 
(c) The Malagasy authorities shall send the licence to the European Commission 
representative in Madagascar. 
 
 12    (d) Licences shall be kept on board at al l times; however, on receipt of the advance 
payment notification sent  by the European Commi ssion to the Malagasy 
authorities, vessels shall be entered on a list of vessels authorised to fish, which 
shall be sent to the Malagasy authori ties responsible for fi sheries inspection. A 
copy of the said licence may be obtaine d by fax pending arrival of the licence 
itself; that copy shall be kept on board. 
(e) Owners of tuna vessels shall be re presented by an agent in Madagascar. 
(f) Before the Protocol enters into force, the Malagasy authorities shall send the 
European Commission Delegation in Ma dagascar full details of the bank 
accounts to be used for the payment of fees and advances. 
2. VALIDITY  OF LICENCES  AND  PAYMENT  OF FEES 
(a) Notwithstanding Article 4(4) of the Agreement, licences shall be valid for a 
period of one calendar year, from 1 Ja nuary to 31 December. They shall be 
renewable. However, for the first y ear of application of the Protocol 
(1 January 2004 to 31 December 2004), where on 1 January 2004 a vessel has a licence issued under the preceding Protocol which is due to expire on 20 May 2004, that licence shall rema in valid until that date.  
(b) The fee shall be €25 per tonne caught in waters under Malagasy jurisdiction. 
Licences shall be issued in return fo r the advance payment to the Malagasy 
Treasury of an annual sum of €2 800 per tuna seiner, €1 750 per surface 
longliner of more than 150 GRT and €1 200 per surface longliner of 150 GRT or 
less. These advances correspond to the duties payable in respect of annual catches of 112 tonnes, 70 tonnes and 48 t onnes respectively in the Malagasy 
fishing zone.  
 However, for the first year of applica tion of the Protocol (1 January 2004 to 31 
December 2004), where on 1 January 2004 a vessel has a licence issued under the preceding Protocol which is due to expire on 20 May 2004, the advances for 
the unexpired period of that first year  (21 May 2004 to 31 December 2004) shall 
be as follows: 
– for tuna seiners: €1 720; 
– for surface longliners of more than 150 GRT: €1 091; 
– for surface longliners of 150 GRT or less: €735. 
3. CATCH
 DECLARATION  AND  STATEMENT  OF FEES 
(a) Vessels authorised to fish in Madaga scar's fishing zone under this Agreement 
shall send information about their catches to Madagascar's Fisheries 
Surveillance Centre through the European Commission Delegation in 
Madagascar, in accordance with the following procedure: 
 
 13    Tuna seiners and surface longliners shall complete a fishing form corresponding 
to the specimen given in Appendix 2 for each period spent fishing in Madagascar's fishing zone. The forms sha ll be sent to the re levant authorities 
referred to above no later than 31 Marc h of the year following the year for 
which the licences were valid. 
Forms must be completed legibly and be signed by the skipper of the vessel. In 
addition, they must be completed by al l vessels which have  obtained a licence, 
even if they have not fished.  
(b) The statement of the fees due for the past calendar year shall be drawn up by the 
European Commission by 30 June of the year following the year for which the 
licences were valid, after deducting the adva nces and fees indicated in point 2(b) 
above. This statement of fees shall be drawn up using the ca tch statement based 
on the catch declarations made by each vessel-owner. The catch statement must be confirmed by the scientific institutes responsible for checking catch data in 
the Member States of the European Community, such as the Institut de Recherche pour le Développement (IRD), the Institut Français de Recherche et 
d’Exploitation de la Mer (IFREMER), the Instituto Español de Oceanografía 
(IEO), the Instituto Português de I nvestigação Marítima (IPIMAR) and the 
relevant Malagasy institute, the Ants iranana Tuna Statistical Unit (USTA).  
The statement of fees drawn up by the European Commission shall be 
forwarded to Madagascar's Fisheries Su rveillance Centre for confirmation. The 
Surveillance Centre shall have 30 days to notify any reaction.  
After that time, the statemen t of fees shall be forwar ded to the vessel-owners.  
In the event of a dispute, the parties shall hold consultations within the Joint 
Committee provided for in Article 9 of the Agreement to establish the final statement of fees, which shall then  be sent to the vessel-owners. 
Vessel-owners shall make any additional payments to the Malagasy fisheries 
authorities within 30 days of notification of the fi nal statement of fees.  
Where the statement of fees is lower than  the advance referred to in 2(b) above, 
the resulting balance shall not be  reimbursed to the vessel-owner. 
4. COMMUNICATIONS 
Skippers shall notify Madagascar's Fisheries Surveillance Centre, at least three hours in 
advance, by radio (dual frequency 8755 Tx 8231 Rx USB), by fax (261 - 20 - 22 49014) 
or by e-mail ( csp-mprh@dts.mg
) with confirmation, of thei r intention to  bring their 
vessel into or take it out of  Madagascar's fishing zone. 
When giving notification of their intention to enter the fishing zone, they shall also report 
the estimated quantities of catches on boar d, even when no catches have been made. 
Finally, when notifying their intention to leave, they shall report on the estimated catches 
taken during the time they spent in the Malagasy fishing zone. 
 
 14    Radio transmissions shall be made during the working hours and days applicable in 
Madagascar. 
These requirements shall also apply to Comm unity fishing vessels intending to unload at 
any Malagasy port. 
5. OBSERVERS 
At the request of the Ministry responsible  for fisheries, tuna  seiners and surface 
longliners shall take an observer on board, w ho shall be treated as an officer. The time 
spent on board by observers shal l be fixed by the Ministry re sponsible for fisheries, but, 
as a general rule, it should not exceed the time required to carry out their duties. The 
observers' specific activities are set out in Appendix 3.  
The conditions governing their em barkation shall be defined by the Ministry responsible 
for fisheries, represented by Madagas car's Fisheries Surveillance Centre. 
Vessel-owners or their agents shall inform Ma dagascar's Fisheries Surveillance Centre at 
least two days in advance of their vessel's ar rival in a Malagasy port with a view to 
taking the observer on board. 
Vessel-owners shall, via their agents, make a payment of €20 to the Malagasy 
Government (Madagascar's Fisheries Survei llance Centre) for each day spent by each 
observer on board a tuna seiner or surface longliner. 
The cost of approaching th e Malagasy port of embarkat ion shall be borne by the 
Malagasy Government. The cost of taking observers on board and putting them ashore 
outside Madagascar shall be borne by the vessel-owners. Observers may be taken on 
board up to 30% of the Community vessels ope rating in Madagascar's fishing zone. The 
time spent by observers on board sh all depend on the length of the trip in that zone. If a 
Community vessel fails to go to a Malaga sy port to take an observer on board, 
embarkation shall be carried out using a pa trol vessel of Madagascar's Fisheries 
Surveillance Centre.  
The spot where the observer is to be transfe rred and the associated approach costs shall 
be agreed with Madagascar's Fisheries Surv eillance Centre, the cost s being borne by the 
vessel-owner. 
Transfer of the observer on to another vessel at sea shall be agreed  between the skipper 
of the vessel and the Madagascar  Fisheries Surveillance Centre. 
If the observer is not present at the time and place agreed and during the 12 hours 
following the time agreed, vessel-owners sha ll be automatically absolved of their 
obligation to take the observe r on board. If the vessel is delayed in getting under way, the 
vessel-owner shall bear the observer's board  and lodging costs until the time of actual 
embarkation.  
 
 15    6. SIGNING-ON  OF SEAMEN 
(a) At least forty Malagasy seamen shall be employed by the fleet of tuna seiners 
and surface longliners for the duration of  the fishing season in the Malagasy 
fishing zone. The wages of the seamen employed shall be agreed between the 
vessel-owners' agents and the seamen  concerned. The wages must cover 
social security benefits.  
The employment contracts of those seamen shall be concluded between the 
agents and the seamen concerned. 
A detailed list of the Malagasy seamen  signed on (with their names, period of 
employment, wages, etc.) shall reach the Ministry responsible for fisheries no 
later than 31 January of the year follo wing that for which the licence was valid. 
If the fleet of tuna seiners and surface longliners is unable to employ a total of 
forty seamen, vessel-owners who have not  signed on seamen shall be obliged to 
pay compensation for the seamen not employed; the amount of the compensation, which shall be payable for the duration of the fishing season in 
the Malagasy fishing zone, shall be se t by the Joint Committee provided for in 
Article 9 of the Agreement. That sum shall be used to train Malagasy fishermen 
and shall be paid into an account whose number shall be notif ied to the agents, 
with a copy being sent to the European  Commission Delegation in Madagascar. 
(b) The ILO Declaration on Fundamental Prin ciples and Rights at Work shall apply 
as of right to seamen signed on by EU ve ssels. This concerns in particular the 
freedom of association and the effectiv e recognition of the right to collective 
bargaining, and the elimination of discri mination in respect of employment and 
occupation.  
Local seamen's employment contracts, a copy of which shall be given to the 
signatories, shall be drawn up between th e vessel-owners' representative(s) and 
the seamen and/or their trade unions or th eir representatives in consultation with 
the responsible local authorities. These contracts shall guara ntee the seamen the 
social security cover applicable to th em, including life assurance and sickness 
and accident insurance. The wage conditions granted to local seamen/fishermen shall not be lower than those applied to Malagasy crews and shall under no 
circumstances be below ILO standards. 
Where the employer is a local company, the employment contract shall specify 
the name of the vessel-owner and the name of the flag State. 
Furthermore, vessel-owners shall guar antee local seamen who are recruited 
living and working conditions similar to those enjoyed by the EU seamen. 
7. FISHING
 ZONES 
Community vessels shall have  access to all waters under Madagascar's jurisdiction 
beyond twelve nautical mile s from the coastline. 
 
 16    Should the Ministry responsible for fisherie s decide to install experimental fish 
concentration devices, it shall inform the European Commission and the agents of the 
vessel-owners concerned, indicating the geographical position of the devices. 
From the thirtieth day after such notifica tion, it shall be forbidden to go within 1.5 
nautical miles of those devices. The disman tling of any experimental devices must be 
reported to the same parties immediately. 
8. INSPECTION  AND  SURVEILLANCE  OF FISHING  ACTIVITIES 
Vessels holding a licence shall allow on board any officials duly authorised by the 
Republic of Madagascar to insp ect and monitor fishing activitie s and shall assist them in 
the accomplishment of their duties. 
9. SATELLITE  MONITORING 
Since the Republic of Madagascar has intr oduced a Vessel Monitoring System (VMS) 
for its own fleet and intends to extend this system on a non-discriminatory basis to all 
vessels fishing in its fisherie s zone, and Community vessels have been subject to satellite 
monitoring wherever they ope rate under Community legisl ation since 1 January 2000, it 
is recommended that the national authorities of the flag States and of the Republic of 
Madagascar should monitor by satellite as follows vessels fishing under the Agreement: 
(1) For the purposes of satellite mon itoring, the Malagasy authorities have 
communicated to the Community the coor dinates (latitudes and longitudes) of 
Madagascar's fishing zone (T able I). The map relating to  the table of coordinates 
is attached in Appendix 4. 
The Malagasy authorities shall transmit this information in electronic form, 
expressed in decimal degrees, to the WGS-84 datum  system. 
(2) The parties shall exchange information on X.25 addresses and the specifications 
for electronic communications between thei r Control Centres in accordance with 
the conditions laid down in points 4 and 6. Such information shall include the 
following wherever possible: names, telephone, telex and fax numbers, and e-
mail addresses (Internet or X.400) which may be used for general 
communications between Control Centres. 
(3) The position of vessels shall be determined  with a margin of error of less than 
500 metres and a confidence interval of 99%. 
(4) When a vessel which is fishing under the Agreement and is the subject of 
satellite-based monitoring pursuant to Co mmunity legislation enters a fishing 
zone of the Republic of Madagascar, the subsequent position reports shall immediately be transmitted by the Cont rol Centre of the flag State to 
Madagascar's Fisheries Surveillance Cent re at intervals of no more than one 
hour (longitude, latitude, course and speed). The messages concerned shall be identified as Position Reports. 
 
 17    (5) The messages specified in point 4 sha ll be transmitted electronically in X.25 
format, without any further protocol. They  shall be communicated in real time in 
the format set out in Table II. 
(6) Where the continuous satellite-mon itoring equipment installed on board a 
fishing vessel develops a technical fa ult or breaks down, the skipper of the 
vessel shall transmit the information specified  in point 4 to the Control Centre of 
the flag State in good time. In such circ umstances, a global Position Report shall 
be sent at 6.00, 12.00 and 18.00 (Madagascar time) while the vessel is in the Malagasy fishing zone. This global position report shall include the position reports as registered by the skipper of the vessel on an hourly basis in accordance with the requiremen ts laid down in point 4.  
The Control Centre of the flag State or  the fishing vessel shall send these 
messages immediately to the Fisheries Surveillance Centre. The defective equipment shall be repaired or replaced as soon as the vessel completes its fishing trip or within one month at the latest. After this deadline, the vessel in 
question may not undertake any further fishing trips until the equipment has 
been repaired or replaced. 
(7) The Control Centres of the flag Stat es shall monitor the movements of their 
vessels in Malagasy waters at two-hourly intervals. If  the vessels are not being 
monitored in accordance with the c onditions laid down, the Fisheries 
Surveillance Centre shall be informed immediately and the procedure laid down 
in point 6 shall be applicable. 
(8) If the Fisheries Surveillance Centre establishes that the flag State is not 
transmitting the information specified in point 4, the other party shall be informed immediately. 
(9) The surveillance data communicated to the other party in accordance with these 
provisions is intended solely  for the purposes of the Malagasy authorities in 
controlling and monitoring the Community fleet fishing under the EC/Madagascar Fisheries Agreement. Such data may not under any circumstances be communicated to other parties. 
(10) The parties agree to take all necessar y steps to meet the message requirements 
laid down in points 4 and 6 as soon as possible, and in no case later than six months after these provis ions enter into force. 
(11) The parties agree to exchange upon request information on the equipment used 
for satellite monitoring, in order to ensure that each piece of equipment is fully 
compatible with the requirements of the other party for the purposes of these provisions. 
(12) Any dispute over the interpretation or application of these provisions shall be 
the subject of consultation between the parties within the Joint Committee provided for in Article 9 of the Agreement. 
 
 18    Table I 
Coordinates (latitudes and longitude s) of the Madagascar fishing zone  
(see also map in Appendix 4) 
 Coordinates in decimal 
degrees Coordinates in degrees and 
minutes 
Ref X Y X Y 
A 49.40 -10.3 49°24’ E 10°18’ S 
B 51 -11.8 51°0’ E 11°48’ S 
C 53.3 -12.7 53°18’ E 12°42’ S 
D 52.2 -16.3 52°12’ E 16°18’ S 
E 52.8 -18.8 52°48’ E 18°48’ S 
F 52 -20.4 52°0’ E 20°24’ S 
G 51.8 -21.9 51°48’ E 21°54’ S 
H 50.4 -26.2 50°24’ E 26°12’ S 
I 48.3 -28.2 48°18’ E 28°12’ S 
J 45.4 -28.7 45°24’ E 28°42’ S 
K 41.9 -27.8 41°54’ E  27°48’ S 
L 40.6 -26 40°36’ E 26°0’ S 
M 41.8 -24.3 41°48’ E 24°18’ S 
N 41.6 -20.8 41°36’ E 20°48’ S 
O 41.4 -19.3 41°24’ E 19°18’ S 
P 43.2 -17.8 43°12’ E 17°48’ S 
Q 43.4 -16.9 43°24’ E 16°54’ S 
R 42.55 -15.6 42°33’ E  15°36’ S 
S 43.15 -14.35 43°9’ E 14°21’ S 
T 45 -14.5 45°0’ E 14°30’ S 
U 46.8 -13.4 46°48’ E 13°24’ S 
V 48.4 -11.2 48°24’ E 11°12’ S 
 
 19    Table II 
COMMUNICATION OF VMS ME SSAGES TO MADAGASCAR 
POSITION REPORT 
Data element Code Mandatory/
Optional Remarks 
Start record SR M System detail - indicates start of record 
Recipient AD M Message detail - reci pient. Alpha 3 ISO country code 
From FR M  Message detail - sender. Al pha 3 ISO country code 
Flag State FS O  
Type of message TM M Message detail - Message type "POS" 
Radio call sign RC M Vessel detail - inte rnational radio call sign of vessel 
Contracting party internal 
reference number IR O Vessel detail. Unique contracting party number as flag 
State ISO-3 code followed by number) 
External registration number XR O Vessel detail; number marked on side of vessel 
Latitude LA M Vessel position detail - position in degrees and minutes 
N/S DDMM (WGS-84) 
Longitude LO M Vessel position deta il - position in degrees and minutes 
E/W DDDMM (WGS-84) 
Course CO M Vessel course 360° scale 
Speed SP M Vessel speed in tenths of knots 
Date DA M Vessel position detail - date of record of UTC positio n 
(YYYYMMDD) 
Time TI M Vessel position detail - time of record of UTC positio n 
(HHMM) 
End record ER M System detail - indicates end of record 
Character set: ISO8859.1 
Each data transmission is structured as follows: 
– a double slash (//) and field code indicate the start of the message; 
– a single slash (/) separates th e field code and the data; 
Optional data elements have to be inserted  between the start a nd end of the record. 
 
 20    10. TRANSSHIPMENT 
When fish are transshipped, freezer tuna sein ers shall hand over the fish which they do 
not intend to keep to a company or body appoint ed by the Malagasy fisheries authorities. 
11. SUPPLY  OF SERVICES 
Community vessel-owners operating in the Mala gasy fishing zone shall practise positive 
discrimination in favour of Malagasy se rvices (careening, ha ndling, fuel-oil bunkering, 
consignment, etc.). 
The Madagascar authorities shall define the te rms for the use of port facilities together 
with the beneficiaries of the Agreement. 
12. PENALTIES 
Any breach of this Protocol or of Malagasy fisheries legislation shall be penalised in 
accordance with the Malagasy laws and regulations in force. 
The European Commission shall be informed in  writing within forty-eight hours at the 
latest of any penalty imposed  on any Community vessel, and of all the relevant facts 
concerning the case. 
13. BOARDING  OF VESSELS 
(a) Transmission of information 
The Malagasy Ministry responsible for fisheries shall inform the European 
Commission Delegation and the flag Stat e in writing, within 48 hours, of the 
boarding of any Community fishing vesse l operating under the Agreement in 
Madagascar's fishing zone and shall transmit a brief report of the circumstances and reasons leading to such boardi ng. The European Commission Delegation 
and the flag State shall also be kept in formed of any proceedings initiated and 
penalties imposed. 
(b) Settlement of boarding 
In accordance with the law on fish eries and the rele vant regulations, 
infringements may be settled: 
– either through a compromise procedure, in which case the amount of the fine 
shall be determined in accordance with Malagasy legislation laying down minimum and maximum figures; 
– or by legal proceedings, if no compromise settlement was possible, in 
accordance with Malagasy law. 
(c) The vessel shall be released and its crew authorised to leave the port: 
 
 21    – either as soon as the obligations im posed by the compromise procedure have 
been completed on presentation of the receipt for the settlement, or 
– on presentation of proof that a bank security has been lodged, pending 
completion of the legal proceedings. 
14. ENVIRONMENTAL  PROTECTION 
In the interests of the envi ronment, the two parties undertake to introduce the following 
measures: 
– no vessel may spill oil or derivatives thereof into the Malagasy fi shing zone, or throw 
plastic materials or househol d waste into that zone; 
– responsible fisheries, rational management a nd the preservation of tuna stocks shall be 
promoted within the IOTC;  
– protected and prohibited species, such as wh ales, dolphins, turtles and sea birds, may 
not be caught. 
The European Community shall be entrusted with the task of notifying the Ministry 
responsible for fisheries of any environmen tally-unfriendly act committed by any vessel 
fishing in the Malagasy fishing zone. 
 
 22    Appendix 1  
APPLICATION FORM FOR A FISHING LICENCE 
1. New application or renewal: ...................………………………………………………. 
2. Name of vessel and fl ag: ………………………………………………………………......…… 
3. Period of validity: from ...................................... to ......................................................... ............ 
4. Name of vessel-owner : ……………………………………… ….....…………………………… 
5. Address and fax no. of vessel-own er: .......................... .................………….......... ...................... 
…………………………………………………………………………………………………………… 
6. Name and address of charterer (if di fferent from 4 and 5) : ..................... .....................………… 
…………………………………………………………………………………………………………… 
7. Name and address of official represen tative in Madagascar : ................................ ...........……… 
…………………………………………………………………………………………………………… 
8. Name of skipper of v essel: …………………………………...................……………………… 
9. Type of vessel: ....... .......................... ............................ ........................ ....................... .................. 
10. Registration number: …………………………………………………………………………… 11. External identification of v essel: ................................ ...................... ...................... ............ .......... 
12. Port and country of registration: ………………………………....…………………………… 13. Overall length and breadth of v essel: ......................... ...................... ...................... ................ ...... 
14. Gross and net tonnage of vessel: ………….………………… ……………….................... ......... 
15. Make and power of main engine: ............................................................................................ ..... 
16. Freezing capacity (t/d ):..................... ............................ ........................ .......................... ............... 
17. Hold capacity (m³): ....................................................................................................... ............... 
18. Radio call sign and frequency: ............................................................................................ ......... 
19. Other communications equipmen t (telex, fax): ………………………………………………… 
20. Fishing gear: ……………………………………………………………………………………. …………………………………………………………………………………………………………… 21. Crew numbers, broken down by nationality: ……………………………………………....…… 
………………………………………………………………...………………………………… 
22. Fishing licence No (in the event of a renewal, attach licence): 
….......................... ........................…………………………… ………………………………………….. 
 
 23    I, the undersigned,................................................, certify that the above information is correct 
and undertake to comply therewith. 
……………………………………………… ……………………………. 
(Stamp and signature of vessel-owner)  (Date)  
 
 24    Appendix 2  
FORM FOR CATCH DECLARATIONS
  
 
Vessel name:…………………………………………………………………… Gross registered tonnage: …………………………………..........
  ………………………………………………….............................Month Day Year Port 
Flag State:  
……………………………………………………………………...........................Capacity - (M.T.): …………………………………………….. Longline 
Live bait Purse seine Trawl 
Outros (Others) 
Registration number:  
………………………………………………………………...................................Skipper: ………………………………………………………..    
 
Vessel-owner: ………………………………………………………… Number of crew:  
….…………………………………………………........................
Address: …………………………………………………………………………. Repor ting date: ……………………………………………….  
Vessel DEPARTED: 
Vessel 
RETURNED:  
 
(Reported by):  ……………………………………………….................................
Number of days at sea:  
Number of fishing days: 
No of hauls:  
Fishing trip No: 
 
Date Area Capturas (Catches) Isco usado na pesca 
(Bait used) 
Month Day 
Latitude N/S 
Longitude 
E/W  
Surface 
water 
temp. 
(ºC) 
 Fishing effort 
No of hooks 
used Bluefin tuna  
Thunnus 
Thynnus or 
maccoyi Yellowfin 
tuna 
Thunnus 
albacares (Bigeye tuna) 
Thunnus 
obesus (Albacore) 
Thunnus 
alalunga (Swordfish) 
Xiphias 
gladius (Striped marlin) 
(White marlin) 
Tetraptunus 
audax or albidus (Black marlin)
Makaira 
indica (Sailfish) 
Istiophorus albicane 
or platypterus Skipjack 
Katsuwonus 
pelamis (Miscellaneous 
fish)  
Daily total 
(weight in kg 
only) 
Saury 
Squid 
Live bait  
(Other) 
      No Weight 
(kg) No kg No kg No kg No kg No kg No kg No Kg No kg No kg No kg     
          
          
         
         
         
         
         
         
         
         
         
         
         
         
 
QUANTITIES LANDED (IN KG)       
Notes    
1 - Use one sheet per month and one line per day. 3 - "Day" means the day when the longline is set in place. 5 - The last line (quantities landed) should be completed only at the end of the trip. The 
real weight at the time of landing must be indicated. 
2 - At the end of each trip, forward a copy of the log to your correspondent or to the ICCAT, Calle Coraz ón de María, 8, 28002 Madrid. Spain. 4 - Fishing area refers to the position of  the vessel. Round off minutes and record 
degree of latitude and longitude. Be sure to record N/S and E/W .  
6 - All information reported herein will be kept strictly confidential  
 
 25    Appendix 3  
EMBARKATION OF OBSERVERS 
Tuna seiners and surface longliners authorised to fish in the Malagasy fishing zone shall take 
on board an observer from the Fisheries Surveilla nce Centre holding a professional identity 
card and a seaman's licence. The time spent on board by observers shall be fixed by 
Madagascar's Fisheries Surveillance Centre, but, as a general rule, it should not exceed the 
time required to carry out their duties. 
While on board, observers shall: 
1. observe, record and report on the fishing activities of vessels in the Malagasy 
fishing zone; 
2. verify the position of vessels engaged in fishing operations; 
3. perform biological sampling in the context of scien tific programmes; 
4. note the fishing gear used; 5. collect the catch data for the fi shing zone during their time on board; 
6. take all appropriate step s to ensure that the cond itions under which they are 
taken on board and their pr esence on board do not inte rrupt or hamper fishing 
activities; 
7. respect the material and equipment on board and the confidentiality of any 
document belonging to the said vessel, 
8. draw up a report on the trip and send it to Madagascar's Fisheries Surveillance 
Centre, and send a copy to the European Commission Delegation. 
To that end, the owners and ski ppers of fishing vessels must: 
1. allow observers to board the vessel to ca rry out their tasks and remain on board 
the vessel during the period specified in the request; 
2. provide a suitable working environmen t, including a table with adequate 
lighting; 
3. supply the information they possess on fishing activities in Madagascar's 
fishing zone; 
4. give the vessel's position (longitude and latitude); 5. send or receive messages, or allow messages to be se nt and received, using the 
means of communication on board the vessel; 
6. provide access to all parts of the ve ssel where fishing, processing and storage 
take place; 
7. allow samples to be taken; 
 
 26    8. provide suitable storage facilities for sa mples, without prejudice to the vessel's 
storage capacity; 
9. provide assistance in examining and m easuring the fishing gear on board the 
vessel; 
10. allow observers to remove the samp les and documents obtained during their 
stay on board; 
11. where observers remain on board the vesse l for more than four hours at a time, 
provide them with food and accommodati on on the same terms as the vessel's 
officers.
 
 27    
 
 
 28    APPENDIX 4: Malagasy fishing zone 
Scale: 1: 14 000 000 
12 nautical mile line French fishing zone 
24 nautical mile line Malagasy fishing zone calculated  
200 nautical mile line usi ng the equidistance method 
 Proposed Malagasy fishing zone 
 Reference points 
Edition: September 2003        kilometres 
MALAGASY FISHING ZONE : 
– To the west: Madagascar fishing zone  demarcated by French fishing zone 
– To the south and south-east: demarcated by  200 nautical mile line calculated from 
the coastline 
– To the north and east: demarcation of the fishing zone calculated using the 
equidistance method 
– Simplified demarcation using reference points