EN    EN EN 
EN    EN  EUROPEAN COMMISSION 
Brussels, 15.10.2010 
COM(2010) 565 final 
2010/0287 (NLE)   
Proposal for a 
COUNCIL DECISION 
on the conclusion of a new Protocol settin g out the fishing opport unities and financial 
contribution provided for in the Fisheries Partnership Agreement between the 
European Community and the Union of the Comoros 
EN 2   EN EXPLANATORY MEMORANDUM  
Based on a mandate from the Council1, the European Commission has negotiated with the 
Union of the Comoros to renew the Protocol to the Fisheries Partnership Agreement between 
the European Community and the Union of  the Comoros, dated 6 October 2006. On 
conclusion of these negotiations, a new Prot ocol was initialled on 21 May 2010 and amended 
by an exchange of letters on 16 September 2010. It  covers a period of three years from the 
time of the adoption of the Council decision on the signing and on the pr ovisional application 
of the said Protocol and after expiry of the current Protocol on 31 December 2010. 
This procedure is initiated in parallel with the procedures relating to the Council Decision on 
the signing on behalf of the Union and on the provi sional application of the Protocol itself, as 
well as to the Council Regulation concerning th e allocation of fishi ng opportunities between 
the Member States of the EU. 
The Commission’s negotiating position was based in part on the results of an ex-post 
evaluation carried out by  external experts. 
The main objective of the Protocol is to define  the fishing opportunities offered to vessels of 
the European Union based on the surplus availa ble as well as the financial contribution due, 
separately, for access rights and for sectoral support. 
The objective is to continue the cooperation between the Eur opean Union and the Union of 
the Comoros, thereby creating a partnership fram ework within which to develop a sustainable 
fisheries policy and sound exploita tion of fisheries resources in the Comorian fishing zone, in 
the interests of both Parties. 
The new Protocol is in keeping with the two Pa rties' concern to strengthen partnership and 
cooperation in the fisheries sector using all the financial instruments available. To this end, it 
is recalled that there is a need  to create a framework which is  favourable to the development 
of investment in this sector and optimi sing the production of small-scale fisheries. 
The overall annual contribution of the Protoc ol of EUR 1 845 750 ove r the whole period is 
based on: a) an annual reference tonnage fixe d at 4 850 tonnes for 70 vessels corresponding to 
EUR 315 250 per year, and b) support for the deve lopment of the sectoral fisheries policy of 
the Union of the Comoros amounting to EU R 300 000 per year. This support meets the 
objectives of the national fisheries policy. 
With regard to the fishing opportunities, 45 tuna seiners and 25 surface longliners will be 
authorised to fish. Nevertheless, with regard to  the annual assessments of the state of stocks, 
these fishing opportunities could be revised up  or down which would le ad to a corresponding 
review of the fina ncial contribution. 
The Commission proposes, on this basis, that the Council, with the consent of the Parliament, 
adopt this new Protocol by Decision. 
                                                 
1 Decision No 9180/10 of 10 May 2010. 
EN 3   EN 2010/0287 (NLE) 
Proposal for a 
COUNCIL DECISION 
on the conclusion of a new Protocol settin g out the fishing opport unities and financial 
contribution provided for in the Fisheries Partnership Agreement between the 
European Community and the Union of the Comoros 
THE COUNCIL OF THE EUROPEAN UNION, 
Having regard to the Treaty on the Functioning of the European Union, and in particular 
Article 43 in conjunction with  Article 218(6)(a) thereof, 
Having regard to the proposal from the Commission2, 
Having regard to the consent of the European Parliament3, 
Whereas: (1) By Council Regulation No 1563/2006, the European Community concluded a 
Fisheries Partnership Agreement with the Union of the Comoros
4, 
(2) The European Union then negotiated with th e Union of the Comoros a new Protocol to 
the Fisheries Partnership Agreement, providi ng European Union vessels with fishing 
opportunities in the waters over which the Co moros has sovereignty or jurisdiction in 
respect of fisheries, 
(3) On conclusion of these negotiations, a Protocol was initialled on 21 May 2010, 
(4) By Council Decision 2010/XXX of […]5, this new Protocol ha s applied provisionally 
since […], 
(5) It is in the European Union's inte rest to adopt this new Protocol, 
HAS ADOPTED THIS DECISION:  
Article 1 
The Protocol to the Fisheries Partnership Ag reement between the European Community and 
the Union of the Comoros, initialled on 21 May 2010, is approved on behalf of the Union6. 
                                                 
2 OJ C , , p. . 
3 OJ C , , p. . 
4 Council Regulation No 1563/2006 of 6 October 2006 (OJ L 290, 20.10.2006).  
5 OJ C , , p. . 
EN 4   EN The text of the Protocol is attached to this Decision. 
Article 2 
The President of the Council, on behalf of the Union, is hereby authorised to designate the 
persons empowered to give the notification provide d for in Article 14 of the Protocol, in order 
to bind the European Union7. 
Article 3 
This Decision shall take effect on the day of its publication in the Official Journal of the 
European Union . 
Done at Brussels,  
 For the Council 
 The President   
                                                                                                                                                        
 
6 The text of the Protocol as well as the decision on its signing were published in OJ … 
7 The date of entry into force of the Protocol will be  published in the Official Journal of the European 
Union by the General Secretariat of the Council. 
EN 5   EN PROTOCOL  
setting out the fishing opportunities and fi nancial contribution provided for in the 
Fisheries Partnership Agreement between th e European Community and the Union of 
the Comoros  
Article 1 
Period of application and fishing opportunities  
1. For a period of three years, the fish ing opportunities granted to vessels of the 
European Union under Article 5 of the Fish eries Partnership Agreement shall be as 
follows: 
– tuna seiners: 45 vessels 
– surface longliners: 25 vessels. 
2. Paragraph 1 shall apply subject to Ar ticles 5, 6, 8 and 9 of 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 1 845 750. 
2. The financial contribution comprises: (a) an annual amount for access to the EEZ of  the Comoros of EUR 315 250, equivalent 
to a reference tonnage of 4 850 tonnes per year, and  
(b) a specific amount of EUR 300 000 per year  for the support and implementation of the 
sectoral fisheries policy of the Comoros.  
3. Paragraph 1 shall apply subject to Articles  3, 4, 5 and 6 of this Protocol and Articles 
12 and 13 of the Agreement. 
4. The European Union shall pa y the financial contribution re ferred to in paragraph 1 at 
the rate of EUR 615 250 per y ear during the period of appl ication of this Protocol, 
corresponding to the total of the annual amounts referred to in paragraph 2(a) and 
(b). 
5. If the overall quantity of catches by Eur opean Union vessels in Comorian waters 
exceeds 4 850 tonnes per year, the total amount  of the annual financial contribution 
shall be increased by EUR 65 for each additional tonne caught. However, the total annual amount paid by the European Union sh all not be more th an twice the amount 
indicated in paragraph 2(a) (EUR 630 500) . Where the quantities caught by European 
Union vessels exceed the quantities corres ponding to twice the total annual amount, 
the amount due for the quantity exceeding that limit shall be paid the following year. 
6. Payment shall be made no later than 30 days  after the entry into force of the Protocol 
for the first year and no later than the anniversary date of this Protocol for the following years. 
EN 6   EN 7. The Comorian authorities shall have full discretion regarding the use to which the 
financial contribution referred to  in paragraph 2(a) is put. 
8. All of the financial contribu tion indicated in Article 2(2) of this Protocol shall be 
paid into a Public Treasury account ope ned with the Comoros central bank, Banque 
Centrale des Comores.  
9. From this account, the amount corresponding to  the financial contri bution referred to 
in Article 2(b) will be transferred to the account TR 5006 opened with the Central 
Bank by the Ministry responsible for fisheries.  
Article 3 
Promotion of responsible and sustainable fishing in Comorian waters  
1. No later than three months after the entry in to force of this Protocol, the Parties shall 
agree, within the Joint Committee provided for in Article 9 of the Fisheries Partnership Agreement, on a multiannual sectoral programme and detailed 
implementing rules, in particular: 
(a) annual and multiannual guidelines for usi ng the financial contribution referred 
to in Article 2(2)(b); 
(b) the objectives, both annual and multiannual,  to be achieved with a view to 
introducing, over time, responsible and sustainable fishing, taking account of 
the priorities expressed by the Comoros in its national fisheries policy and other policies relating to or  having an impact on the introduction of responsible 
and sustainable fishing; 
(c) criteria and procedures for evalua ting the results obt ained each year. 
2. Any proposed amendments to the multiannua l sectoral programme  must be approved 
by both Parties within the Joint Committee. 
3. Each year, the Comoros shall decide on th e allocation, if necessary, of an additional 
amount to the part of the financial contribu tion referred to in Article 2(2)(b) with a 
view to implementing the multiannual programme. This allocation shall be 
communicated to the European Union.  
4. Where the annual evaluation of the progress made in implementing the multiannual 
sectoral programme so warrants, the Eur opean Commission reserv es the right, after 
consulting the two Parties within the Join t Committee, to reduce the part of the 
financial contribution referred to in Article 2(2)(b) of the Protocol with a view to 
adjusting the amount allocated to implemen tation of the Programme in line with the 
results. 
Article 4 
 Scientific cooperation on responsible fishing  
1. The Parties hereby undertake  to promote responsible fishing in Comorian waters 
based on the principle of non-discrimination between the different fleets operating in 
those waters. 
EN 7   EN 2. During the period covered by th is Protocol, the European Union and the Union of the 
Comoros shall endeavour to monitor the stat e of fishery resources  in the Comorian 
fishing zone. 
3. The two Parties shall respect the recomm endations and resolutions of the Indian 
Ocean Tuna Commission (IOTC) and unde rtake to promote cooperation at 
subregional level on the responsib le management of fisheries. 
4. In accordance with Article 4 of the Agr eement, based on the recommendations and 
resolutions adopted within the IOTC and th e best available scientific advice, the 
Parties shall consult each other within th e Joint Committee provided for in Article 9 
of the Agreement and, where necessary af ter a scientific meeting and by mutual 
agreement, take measures to ensure the sustainable management of fisheries resources concerning the activitie s of European Union vessels. 
Article 5 
Adjustment of fishing opport unities by mutual agreement  
The fishing opportunities referred to in Arti cle 1 may be adjusted by mutual agreement 
insofar as the recommendations and resolu tions adopted by the IOTC confirm that 
this adjustment guarantees the sustainabl e management of the Comorian fisheries 
resources. In this case the financial contribu tion 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 Europ ean Union shall not be more than twice 
the amount referred to in Article 2(2)(a). 
Article 6 
New fishing opportunities  
1. Should European Union vessels be intere sted in fishing activ ities which are not 
indicated in Article 1, the Parties shall consult each other before any authorisation is granted by the Comorian authorities. Wher e appropriate, the Parties shall agree on 
the conditions applicable to these new fi shing opportunities and, if necessary, make 
amendments to this Protocol and to the Annex thereto. 
2. The Parties shall encourage experimental fi shing. To this end and on request of one 
of the two Parties, the latter shall consult and determine, on a cas e-by-case basis, the 
species, conditions and any ot her relevant parameters. 
3. The Parties shall carry out experimental  fishing in accordance with the Comorian 
legislation in force and according to the agreed administrative and scientific 
provisions, if applicable. The authorisations  for experimental fishing shall be granted 
for periods of a maximum of six months. 
4. Where the Parties consider that the expe rimental fishing trips have produced positive 
results, the Comorian authorities, in a meeting of the Joint Committee provided for in Article 9 of the Agreement, may allocate fi shing opportunities for new species to the 
fleet of the European Union until the e xpiry of this Protocol. The financial 
contribution referred to in Article 2(2)(a) of this Protocol shall consequently be 
increased.  
Article 7 
Conditions governing fishing acti vities – Exclusivity clause  
EN 8   EN 1. Without prejudice to Article 6 of the Agreemen t, the fishing vessels flying the flag of 
a Member State of the European Union may fish in Comorian waters only if they are in possession of a fishing authorisation issu ed under this Protocol in accordance with 
the Annex hereto. 
2. For the categories of fishing which are not covered by this Protocol and for 
experimental fishing, the Comorian authorit ies may grant fishing authorisations to 
vessels of the European Union. However, the granting of these authorisations is 
governed by the legislation and rules of  the Union of the Comoros with the 
agreement of the two Parties. 
Article 8 
Suspension and review of the payment  of the financial contribution 
1. The financial contribution as referred to in  Article 2(2)(a) and (b) may be revised or 
suspended after consultation within the Joint Committee if: 
(a) Unusual circumstances, othe r than natural phenomena, prev ent fishing activities in the 
Comorian EEZ; 
(b) Following significant changes in the policy guidelines which led to the conclusion of 
this Protocol, one of the two Parties requests a review of th e provisions with a view to a 
possible amendment thereof;  
(c) The European Union notes that there has been a violation in the Comoros of the 
essential and fundamental elem ents of human rights as provi ded for in Article 9 of the 
Cotonou Agreement. 
2. The European Union reserves the right to suspend, partially or totally, the payment of 
the specific financial contri bution provided for in Article 2(2)(b) of this Protocol:  
(a) If the results obtained are inconsistent with the programming, following an evaluation 
carried out by the Joint Committee; 
(b) In the event of non-payment of this financial contribution. 
3. Payment of the financial c ontribution shall resume afte r consultation and agreement 
of the two Parties as soon as the situation prior to the events mentioned in paragraph 1 has been re-established, and/or if th e results of the financial implementation 
referred to in paragraph 2 so warrant.  
Article 9  
Suspension of the implem entation of the Protocol  
1. The implementation of this Protocol may be  suspended at the initiative of one of the 
two Parties after consultation wi thin the Joint Committee if:  
(a) Unusual circumstances, othe r than natural phenomena, prev ent fishing activities in the 
Comorian EEZ; 
(b) In the event of significant changes in the policy guidelines which led to the conclusion 
of this Protocol, either Party may request a revi ew of the provisions with  a view to a possible 
amendment thereof. 
EN 9   EN (c) The European Union notes that there has been a violation in the Comoros of the 
essential and fundamental elem ents of human rights as provi ded for in Article 9 of the 
Cotonou Agreement; 
(d) There is a non-payment of the financial co ntribution provided for in  Article 2(2)(a) by 
the European Union, for reasons other than thos e provided for in Article 8 of this Protocol; 
(e) There is a dispute between the two Par ties concerning the interpretation of this 
Protocol; 
(f) One of the two Parties does not comply  with the provisions of this Protocol. 
2. The implementation of the Protocol may be su spended at the initiative of one Party if 
the dispute between the Parties is deemed to be serious and if the consultations held within the Joint Committee have not re sulted in an amicable settlement. 
3. Suspension of application of the Protocol shall require the interested Party to notify 
its intention in writing at least three mont hs before the date on which suspension is 
due to take effect. 
4. In the event of suspension, the Parties shall continue to consult wi th a view to finding 
an amicable settlement to their dispute. Where such settlement is reached, application of the Protocol shall resume and the amount  of the financial contribution shall be 
reduced proportionately and pro rata temporis according to the period during which application of the Protocol was suspended. 
Article 10 
National law  
1. The activities of European Union vessels  operating in Comorian waters shall be 
governed by the applicable law in the Como ros, unless otherwise provided for in the 
Fisheries Partnership Agreement, this Prot ocol and the Annex and appendices hereto. 
2. The Comorian authorities shall inform the European Commission of any change or 
any new legislation relati ng to the fishing sector. 
Article 11 
Duration  
This Protocol and the annex hereto shall apply for a period of three year s from the provisional 
application in accordance with Article 13, unless notice of termination is  given in accordance 
with Article 12. 
Article 12 
Termination  
1. In the event of termination of the Protoc ol, the Party concerned shall notify the other 
Party in writing of its intention to terminat e it at least six months  before the date on 
which such termination would take effect. 
2. Dispatch of the notification as referred to in the previous paragraph shall open 
consultations between the Parties. 
EN 10   EN Article 13 
Provisional application  
This Protocol with its Annex shall be provi sionally applied from the date of signature. 
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 pr ocedures necessary for that purpose. 
EN 11   EN ANNEX  
CONDITIONS FOR THE PURSUIT OF FISHING ACTIVITIES BY EUROPEAN 
UNION VESSELS IN COMORIAN WATERS  
CHAPTER 1 - APPLICATION AND ISSUE FORMALITIES FOR FISHING AUTHORISATIONS  
Section 1 
Issue of fishing authorisations  
1. Only eligible European Union vessels may obtain an authoris ation to fish in 
Comorian waters. 
2. For a vessel to be eligible, neither the owner, the master nor the vessel itself must be 
prohibited from fishing in the Comoros. They must be in order vis-à-vis the 
Comorian authorities insofar as they must have fulfilled all prior obligations arising from their fishing activitie s in the Comoros under fisher ies agreements concluded 
with the European Union. Fu rthermore, they must comp ly with the provisions of 
Regulation No 1006/2008 on fi shing authorisations. 
3. Any European Union vessel applying for a fishing authorisation must be represented 
by an agent resident in the Comoros. The name and address of that agent shall be 
stated in the fishing au thorisation application. 
4. The relevant European Union authorities shall present to the competent Comorian 
authorities an application for each vessel wishing to fish under the Agreement at least 20 days before the date of commencement  of the period of validity requested. 
5. Applications shall be submitted to the competent Comorian authorities on a form 
drawn up in accordance with the specimen in Appendix 1. 
6. All fishing authorisation applicati ons shall be accompanied by the following 
documents: 
– proof of payment of the f ee for the period of validity of the authorisation; 
– any other documents or certificates required under the specific rules applicable 
to the type of vessel concerne d pursuant to this Protocol. 
7. The fee shall be paid into the account specified by the Comorian authorities. 
8. The fees shall include all national and local  charges with the exception of port taxes 
and service charges. 
9. Fishing authorisations for all vessels shall be  issued to shipowners or their agents via 
the Delegation of the European Union in Ma uritius within 15 days  of receipt of all 
the documents referred to in point 6 by the competent Comorian authorities. 
10. If a fishing authorisation is signed at a time when the European Union Delegation 
offices are closed, it shall be sent direct ly to the vessel's agent and a copy shall be 
sent to the Delegation. 
EN 12   EN 11. Fishing authorisations shall be issued for a given vessel a nd shall not be transferable.  
12. However, at the request of the European Union and where force majeure is proven, a 
vessel’s fishing authorisation shall be re placed by a new fishing authorisation for 
another vessel with similar characteristics to  those of the first vessel, with no further 
fee due.  
13. The owner of the first vessel, or the agent, shall return the cancelled fishing 
authorisation to the competent Comorian authorities via the Delegation of the European Union. 
14. The new fishing authorisation shall take effect on the day that  the vessel's owner 
returns the cancelled fishing authorisation to the competent Comorian authorities. The Delegation of the European Union in Maur itius shall be informed of the transfer 
of the fishing authorisation. 
15. The fishing authorisation must be kept on board at all times, without prejudice to 
point 1 of Chapter VI of this Annex. 
Section 2 
Fishing authorisation conditions – fees and advance payments  
1. Fishing authorisations shal l be valid for a period of one year. They shall be 
renewable. 
2. The fee shall be set at EUR 35 per tonne caught within Comorian waters. 
3. Fishing authorisations sha ll be issued once the following standard amounts have been 
paid to the competent national authorities: 
– EUR 3 700 per year per tuna seiner, e quivalent to the fees due for 106 tonnes 
of tuna caught per year; 
– EUR 2 200 per year per surface longliner, equivalent to the fees due for 63 
tonnes of tuna caught per year. 
4. The final statement of the fees due for the fishing year shall be drawn up by the 
European Commission by 31 July of the followi ng year at the latest on the basis of 
the catch declarations made by each shi powner and confirmed by the scientific 
institutes responsible for verifying catch da ta in the Member States, such as the IRD 
(Institut de Recherche pour le Développe ment), the IEO (Instituto Español de 
Oceanografía) and the IPIMAR (Instituto de  Investigação das Pescas e do Mar). 
5. The statement shall simultaneously be  notified to the competent Comorian 
authorities and the shipowners. 
6. Any additional payments shall be made by the shipowners to the competent 
Comorian authorities by 30 August of the fo llowing year at the latest, into the 
account referred to in point 7 of  Section 1 of this Chapter. 
EN 13   EN 7. However, if the amount of the final statemen t is lower than the advance referred to in 
point 3 of this Section, the resulting balance shall not be reimbursable to the 
shipowner. 
Section 3 
Support vessels  
1. Support vessels must be authorised in compliance with the provisions and conditions 
provided for in Comorian legislation.  
2. There must be no fee for authorisations i ssued to support vessels. The latter must fly 
the flag of a Member State of the European Union or be part of a European company.  
3. The competent Comorian authorities shall se nd the list of these authorisations to the 
Commission on a regular basis, via the De legation of the EU in Mauritius. 
CHAPTER II – FISHING ZONES  
To avoid adverse effects on small-scale fisherie s in Comorian waters, European Union vessels 
shall not be allowed to fish with in 10 nautical miles of any of the islands nor within a radius 
of three nautical miles of fish aggregati ng devices placed by th e Comorian Ministry 
responsible for fisheries, the pos itions of which have been co mmunicated to the representative 
of the European Union in Mauritius. 
These provisions may be reviewed by the Join t Committee referred to in Article 9 of the 
Agreement. 
CHAPTER III – MONITORING AND SURVEILLANCE  
Section I  
System for recording catches  
1. All vessels authorised to fish in Como rian waters under the Agreement shall be 
obliged to communicate their catches to the Comorian Ministry responsible for 
fisheries in the following manner: 
1.1. European vessels authorised to fish in Comorian waters must  fill out an IOTC 
logbook on a daily basis for t una fishing (Appendices 2 a nd 3) for each trip in 
Comorian waters. The logbook must still be filled in if there are no catches.  
1.2 Copies of the IOTC logbook for tuna fishin g must also be sent  to the scientific 
institutes indicated in Ch apter I, Section 2, point 4. 
2. The words 'Outside Comorian EEZ' shall be entered in the abovementioned logbook 
in respect of periods during which th e vessel is not in Comorian waters. 
3. The forms shall be filled in legibly a nd signed by the master of the vessel.  
4. Where the provisions set out in this Chap ter are not complied with, the Comorian 
Government reserves the right to suspend the fishing authorisation of the offending 
EN 14   EN vessel until formalities have been complete d and to apply the penalty laid down in 
current Comorian legislation to the shi powner. The European Commission shall be 
informed thereof. 
5. Declarations shall include the catches made by the vessel during each trip. They shall 
be transmitted to the Comorian Ministry  responsible for fisheries by electronic 
means, with a copy to the European Commission, at the end of each trip and, in all cases, before the vessel leaves Comorian wa ters. Electronic receipts shall be sent at 
once to the vessel by both  addressees, with a copy to the other. 
6. The original of the declarations sent electronically during the annual period of 
validity of the licence within the meaning of point 1 of Section 2 of Chapter I of this 
Annex shall be transmitted on a physical medium to the Comorian Ministry responsible for fisheries within 45 days follo wing the end of the last trip made during 
the said period. Hard copies shall be sent  to the European Co mmission at the same 
time. 
7. The two Parties must make every effort to establish a system  for reporting catches 
based exclusively on the electronic exchange of all the data: the two Parties shall thus plan the rapid replacement of the pape r version of the catch reporting with an 
electronic version. 
8. Once the electronic catch reporting system has been set up and in the event of a 
technical fault in this system, the catch reports shall be done in accordance with 
paragraphs 5 and 6 above until th e system is working again.  
Section 2 
Reporting of catches: entering and leaving Comorian waters  
1. For the purposes of this Annex, the dura tion of a trip by a European Union vessel 
shall be defined as follows: 
– either the period elapsing between en tering and leaving Comorian waters; 
– or the period elapsing between entering Comorian waters and a transhipment; 
– or the period elapsing between entering Comorian waters and a landing in the 
Comoros. 
2. European vessels shall notify the Comori an authorities responsible for fisheries 
inspection at least three hour s in advance of their inte ntion to enter or leave 
Comorian waters.  
3. When notifying entering/leaving, vessels shall also communicate their position and 
the volume and species in catches kept on bo ard. This information should preferably 
be communicated using electronic means in  accordance with the model in Appendix 
4, or failing that, by fax with acknowledgments  of receipt to the vessel. In the event 
of a technical fault, this information will be communicated by radio.  
4. Vessels found to be fishing without having informed the competent Comorian 
authorities shall be regarded as vesse ls without a fishing authorisation.  
EN 15   EN 5. Vessels shall also be info rmed of the email address, fax and telephone numbers and 
radio coordinates when the fish ing authorisation is issued. 
Section 3 
Transhipment and landings  
1. All European vessels wishing to tranship or  land catches in Comorian waters shall do 
so within Comorian ports. 
1.1 The owners of such vessels must notify the following information to the competent 
Comorian authorities at l east 24 hours in advance: 
– the names of the transhipping or landing fishing vessels, 
– the names of the cargo vessels; 
– the tonnage by species to be  transhipped or landed; 
– the day of transhipment or landing;  
– the beneficiary of the catches landed.  
2. Transhipment and landing shall be consid ered as an exit from Comorian waters. 
Vessels must therefore submit their catch declarations to the competent Comorian 
authorities and state whether they intend to continue fishing or leave Comorian 
waters. 
3. Any transhipment or landing of catches not covered above shal l be prohibited in 
Comorian waters. Any person infringing this provision shall be liable to the penalties 
provided for by Comorian law. 
Section 4 
Satellite monitoring  
European vessels must be monitored, inter al ia, by the satellite-based monitoring system, 
without discrimination, in accordance with the following provisions.  
1. For the purposes of satellite monitoring, th e geographic positions of the limits of the 
Comorian fishing zone have been communicat ed to the representatives or agents of 
the shipowners as well as to the Control Centres of the flag States. 
2. The Parties shall exchange information on https addresses and the specifications for 
electronic data transmission between their Control Centres in accordance with points 
4 to 6. Such information shall include the following where they exist: names, 
telephone, telex and fax numbers, and e- mail addresses which may be used for 
general communications be tween 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 between the European Union 
and the Comoros and which is the subject of  satellite-based monitoring pursuant to 
European Union legislation enters the Comorian fishing z one, the subsequent 
EN 16   EN position reports shall immediatel y be transmitted by the Control Centre of the flag 
State to the Comorian Fisheries Monitoring Centre (CNCSP) at in tervals of no more 
than two hours. The messages concerned sh all be identified as position reports. 
4.1. The transmissions may be changed to intervals of no more than 30 minutes 
maximum if there is serious evidence that  the vessel is in br each of the rules; 
4.2 This evidence must be submitted by the CNCSP to the Control Centre of the flag 
State as well as to the European Commissi on. The request to change the intervals for 
the transmissions must be attached. The Cont rol Centre of the flag State should then 
send the data to the CNCSP of the Comoros,  in real time, immediately after having 
received the request; 
4.3 The CNCSP of the Comoros shall then imme diately notify the Control Centre of the 
flag State and the European Commission of  the end of the inspection procedure; 
4.4 The Control Centre of the flag State a nd the European Commission must be informed 
about the follow-up to any inspection pro cedure which is base d on this special 
request. 
5. The messages specified in point 4 shall be transmitted electronically in https format, 
without any further protocol. They shall be  communicated in real time in the format 
set out in the table in Appendix 4. 
5.1 It is prohibited for vessels to turn off the satellite-monitoring equipment when they 
are operating in Comorian waters. 
6. Where the continuous satellite monitori ng equipment installed on board a fishing 
vessel develops a technical fault or break s down, the master of the vessel shall 
transmit the information specified in point 4 to  the Control Centre of the flag State in 
good time. In such circumstances, it will be necessary to send a position report every 
four hours while the vessel is in Comorian waters.  
6.1 This Global Position Report shall include  the hourly positions as recorded by the 
master of that vessel during those four hours.  
6.2 The Control Centre of the flag State or the vessel itself must forward these messages 
to the CNCSP of the Comoros without delay.  
6.3 In case of need or doubt, the competent Comorian authorities may request additional 
information from the Control Centre of th e flag State about a particular vessel.  
7. The defective equipment shall be repa ired or replaced as soon as the vessel 
completes its fishing trip and, in any case, within one month at th e latest. After this 
deadline, the vessel in question may not under take any further fish ing trips until the 
equipment has been repaired or replaced. 
8. The satellite-monitoring system software and hardware components shall be tamper-
proof i.e. they must not permit the input or  output of false positions or be capable of 
being manipulated. The system shall be fu lly automatic and opera tional at all times 
regardless of environmental conditions. Destroying, dama ging, rendering inoperative 
or tampering with the satellite-mon itoring system shall be prohibited.  
EN 17   EN 8.1 The master of the vessel must ensure in particular that:  
– data are not altered in any way; 
– the antenna or antennas connected to th e satellite-monitoring equipment are not 
obstructed in any way; 
– the power supply of the satellite-monitori ng equipment is not interrupted in any 
way; 
– the vessel tracking device is not removed from the vessel or from the place 
where it was originally installed; 
– any replacement of the vessel tracking de vice shall be immediately notified to 
the competent Comorian authorities. 
8.2 Any violation of the abovementioned oblig ations may make the master liable under 
the laws and regulations of the Comoros,  provided that the vessel is operating in 
Comorian waters. 
9. The Control Centres of the flag States sh all monitor the movements of their vessels 
in Comorian waters. If the vessels are no t being monitored in accordance with the 
conditions laid down, the CNCSP shall be informed immediately and the procedure 
laid down in point 6 shall be applicable. 
10. The Control Centres of the flag Stat es and the CNCSP of the Comoros must 
cooperate to ensure the imple mentation of these provision s. If the CNCSP establishes 
that a flag State is not transmitting the data in accordance with point 4, the other Party must be informed immediately. Upon receipt of notification, the latter must 
respond within 24 hours by informing the CNCSP of the reasons for non-transmission and stating a reasonable deadli ne for complying with  these provisions. 
In the event that these provisions are not co mplied with within the time limit, the two 
Parties will resolve the dispute in writing or as provided for in point 14 below.  
11. The monitoring data communicated to th e other Party in accordance with these 
provisions is intended solely for the pur poses of the Comori an authorities in 
controlling and monitoring the European Union fleet fishing under the Agreement 
between the EU/Comoros. Such data may not under any circumstances be 
communicated to third parties. 
12. 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 th e other Party for the purposes of these 
provisions. 
13. The Parties shall agree to review these pr ovisions when appropriate, in particular in 
the event of a malfunction or anomaly relating to the vessels. These cases should be 
notified by the competent Comorian authority to the flag state at least 15 days before 
the review meeting.  
14. Any dispute over the interpretation or appl ication of these provisions shall be the 
subject of consultation between the Partie s within the Joint Committee provided for 
in Article 9 of the Agreement between the European Union and the Comoros. 
EN 18   EN CHAPTER IV – EMBARKING SEAMEN  
1. Each European Union vessel shall take on board, at its own expense, at least one 
qualified Comorian seaman during a season in Comorian waters. 
2. Shipowners shall endeavour to ta ke on board additional ACP seamen. 
3. Shipowners shall be free to  select the seamen they take on board their vessels from 
the names on a list submitted by the competent Comorian authorities. 
4. The shipowner or agent shall inform th e competent Comorian authorities of the 
names of the local seamen taken on board  the vessel concerned, mentioning their 
position in the crew. 
5. The International Labour Or ganisation (ILO) Declaration on Fundamental Principles 
and Rights at Work shall apply as of right  to seamen signed on by EU vessels. This 
concerns in particular the freedom of asso ciation and the effective recognition of the 
right to collective bargaining, and the elim ination of discrimination in respect of 
employment and occupation. 
6. Seamen’s employment contracts, a copy of  which shall be given to the signatories, 
shall be drawn up between the shipowners’ agent(s) and the seamen and/or their 
trade unions or representati ves in consultation with the competent Comorian 
authorities. These contracts shall guarantee the seamen the social security cover 
applicable to them, including life assura nce and sickness and accident insurance. 
7. The wages of the ACP seamen shall be pa id by the shipowners. They shall be fixed 
by mutual agreement between the shipowners or their representatives and the seamen 
and/or their trade unions or representatives. However, the wage conditions granted to ACP seamen shall not be lower than thos e applied to crews fr om their respective 
countries and shall under no circumstances be below ILO standards. 
8. All seamen employed aboard European Uni on vessels shall report to the master of 
the vessel designated on the day before their proposed embarkation date. Where a 
seaman fails to report at the date and tim e agreed for embarkation, shipowners shall 
be automatically absolved of their ob ligation to take that seaman on board. 
9. Where no local seamen are taken on board for reasons other than that referred to in 
the previous point, shipowners shall be obliged to pay, for each day of the fishing trip in Comorian waters, a flat-rate amount of EUR 20 per day and per vessel. The 
payment of this amount shall take place with in the limits laid down in point 6 of 
Section 2 of Chapter I of this Annex. 
10. This sum shall be used for training local seamen and shall be paid into the account 
specified by the Comorian authorities. 
C
HAPTER V – OBSERVERS  
1. Vessels authorised to fish in Comorian  waters under the Agreement shall take on 
board observers appointed by the Comorian authorities on the te rms set out below. 
EN 19   EN 1.1 At the request of the Comorian Ministry re sponsible for fisheries,  tuna vessels shall 
take on board an observer designated by the former to check catches made in Comorian waters. 
1.2 The competent Comorian authorities shall dr aw up a list of vessels designated to take 
an observer on board and a list  of the appointed observers. These lists shall be kept 
up to date. They shall be forwarded to the European Commission as soon as they 
have been drawn up and every three mont hs thereafter where they have been 
updated. 
1.3 The competent Comorian authorities shall inform the shipowners concerned, or their 
agents, of the name of the observer appointed to be take n on board their vessel at the 
time the licence is issued, or no later than  15 days before the observer's planned 
embarkation date. 
2. The time spent on board by observers shall be one fishing trip. However, at the 
express request of the competent Comorian  authorities, this embarkation may be 
spread over several trips according to the av erage duration of trip for a particular 
vessel. This request shall be made by the competent Comorian authorities when the name of the observer appointed to boar d the vessel in question is notified. 
3. The conditions under which observers are taken on board shall be agreed between 
shipowners or their agents a nd the Comorian authorities. 
4. Observers shall be taken on board at a por t chosen by the shipowner at the beginning 
of the first voyage in Comorian waters af ter notification of the list of designated 
vessels. 
5. Within two weeks and giving ten days' noti ce, the shipowners concerned shall make 
known at which Comorian ports and on what dates they intend to take observers on board. 
6. Where observers are taken on board in a fo reign country, their travel costs shall be 
borne by the shipowner. Should a vessel w ith a Comorian observer on board leave 
Comorian waters, all measures must be take n to ensure the observer's return to the 
Comoros as soon as possible at the expense of the shipowner. 
7. If the observer is not present at the time and place agreed or within the twelve hours 
following the time agreed, shipowners shall be automatically absolved of their obligation to take the observer on board. 
8. Observers shall be treated as officers. They shall carry out the following tasks: 
8.1 observe the fishing act ivities of the vessels; 
8.2 verify the position of vessels engaged in fishing operations; 8.3 note the fishing gear used; 8.4 verify the catch data for Comorian  waters recorded  in the logbook; 
EN 20   EN 8.5 verify the percentages of by-catches and es timate the quantity of discards of species 
of marketable fin-fish, cr ustaceans and cephalopods; 
8.6 report fishing data by radio, including the quantity of catches and by-catches on 
board. 
9. Masters shall do everything in their power to ensure the physical safety and welfare 
of observers during performance of their duties. 
10 Observers shall be offered every facility n eeded to carry out thei r duties. The master 
shall give them access to the means of co mmunication needed for the discharge of 
their duties, to documents directly con cerned with the vessel's fishing activities, 
including in particular the logbook and the navigation log, and to those parts of the 
vessel necessary to facilitate the exercise of their tasks. 
11. While on board, observers shall: 
11.1 take all appropriate steps to ensure that  the conditions of their boarding and presence 
on the vessel neither interrupt nor hamper fishing operations; 
11.2 respect the material and equipment on board  and the confidentiality of all documents 
belonging to the vessel. 
12. At the end of the observation period and before leaving the ve ssel, observers shall 
draw up an activity report to be transmitte d to the competent Comorian authorities, 
with a copy to the European  Commission. They shall sign it in the presence of the 
master, who may add or cause to be added to it any observations considered relevant, 
followed by the master's signature. A copy of the report shall be given to the master 
when the observer is put ashore. 
13. Shipowners shall bear the cost of acco mmodating observers in the same conditions 
as the officers on the vessel, within the confines of the stru cture of the vessel. 
14. The salary and social cont ributions of the observer shal l be borne by the competent 
Comorian authorities. 
CHAPTER VI – MONITORING  
European fishing vessels shall comply with the measures and recommendations adopted by 
the Indian Ocean Tuna Commission (IOTC) re garding fishing gear and the technical 
specifications thereof and all othe r technical measures applicable  to their fishing activities.  
1. List of vessels 1.1 The European Union shall keep an up-to-date list of the vessels to which a fishing 
authorisation has been issued  under this Protocol. This li st shall be notified to the 
Comorian authorities responsible for fisher ies inspection as soon as it is drawn up 
and each time it is updated.  
1.2 European Union vessels may be included on the list referred to in  the previous point 
upon receipt of notification of the advance pa yment referred to in point 3 of Section 
2 of Chapter I of this Annex. In  this case, a certified copy of this list may be obtained 
EN 21   EN by the shipowner and kept on board instead of the fishing authorisation until the 
authorisation has been issued. 
2. Monitoring procedures 
2.1 Masters of European Union fishing vessels engaged in fishing activities in Comorian 
waters shall allow and facilitate boarding  and the discharge of their duties by any 
Comorian official responsible for the insp ection and monitoring of  fishing activities. 
2.2. These officials shall not remain on board for longer than is necessary for the 
discharge of their duties. 
2.3. Once the inspection and monitoring has b een completed, a copy of the inspection 
report shall be provided to the master of the vessel. 
2.4. In order to facilitate sa fe inspection procedures and without prejudicing Comorian 
legislation, the boarding must be carried out in such a way that the inspection 
platforms and the inspectors are identified as officers authorised by the Comoros. 
2.5 Masters of European fishing vessels enga ged in landing or transhipment operations 
in a Comorian port shall allow and facilitate the inspection of such operations by Comorian inspectors.  
CHAPTER VII - BOARDING 
1. Boarding 
1.1 The competent Comorian authorities shall inform the European Commission and the 
flag State, within no more than 24 worki ng hours, of all boardings of and penalties 
imposed on European vessels in Comorian waters. 
1.2 The European Commission shall at the same time receive a brief report of the 
circumstances and reasons leading to the boarding. 
2. Statement of boarding 
2.1 After the competent Comorian authorities have drawn up a statement, the master of 
the vessel shall sign it. 
2.2 This signature shall not prej udice the rights  of the master or any defence which he or 
she may make to the alleged infringement. 
2.3 The master shall take the vessel to the por t indicated by the Comorian authorities. In 
the case of minor infringements, the comp etent Comorian authorities may authorise 
the boarded vessel to conti nue its fishing activities. 
3. Consultation meeting in  the event of boarding 
3.1 Before any measures regarding the master  or the crew of th e vessel or any action 
regarding the cargo and equipm ent of the vessel are consid ered, other than those to 
safeguard evidence relating to the presum ed infringement, a consultation meeting 
shall be held, within one working day of  the receipt of the above information, 
EN 22   EN between the European Commission and the competent Comorian authorities, 
possibly attended by a representative of the Member State concerned.  
3.2 At the meeting, the Parties shall exchange any relevant documentation or information 
helping to clarify the circumstances of the established facts. The shipowner or his or 
her representative shall be informed of the outcome of the meeting and of any measures resulting from the boarding. 
4. Settlement of boarding 
4.1 Before any judicial procedure, an attemp t shall be made to resolve the presumed 
infringement by means of an amicable sett lement. This procedure shall end no later 
than three working days after the boarding. 
4.2 In the event of an amicable  settlement, the amount of the fine shall be determined in 
accordance with Comorian legislation. This amount should be recorded, signed and sent to the European Commission as  well as to the flag state.  
4.3 If the case cannot be settle d by amicable procedure and ha s to be brought before a 
competent judicial body, a bank security set to take account of the boarding costs and 
the fines and compensation payable by the parties responsible for the infringement shall be lodged by the shipowner with a bank specified by the competent Comorian 
authorities. 
4.4 The bank security shall be irrevocable until the legal proceedings have been 
concluded. It shall be released once lega l proceedings end without a conviction. 
Similarly, in the event of a conviction lead ing to a fine of le ss than the security 
lodged, the balance shall be  released by the competen t Comorian authorities. 
4.5 The vessel shall be released and its crew authorised to leave the port: 
– once the obligations arising under the amicable settlement have been fulfilled, 
or 
– when the bank security referred to in  point 4.3 has been lodged and accepted 
by the competent Comorian authoritie s, pending completion of the legal 
proceedings. 
EN 23   EN Appendices  
1. Application form for a fishing authorisation 
2. Seiners logbook 3. Longliners logbook 4. Declaration form for ente ring and leaving the zone 
5. Communication of VMS messages to  the Comoros – Position report. 
EN 24   EN Appendix 1  
FISHING AUTHORISATION APPLICATIO N FORM FOR A FOREIGN FISHING 
VESSEL 
Name of applicant: ............................................................................................................. .......  
…………………………………………………………………………………………...........  Address of applicant:.......................................................................................................... .......  
…………………………………………………………………………………………...........  Name and address of charterer of vessel if different from above: ............................................  
…………………………………………………………………………………………...........  Name and address of representati ve (agent) in the Comoros:...................................................  
…………………………………………………………………………………………...........  Name of vessel: ................................................................................................................ .........  
…………………………………………………………………………………………...........  Type of vessel: ................................................................................................................ ..........  
…………………………………………………………………………………………...........  Country of registration: ....................................................................................................... ......  
…………………………………………………………………………………………...........  Port and registration number:.................................................................................................. ..  
…………………………………………………………………………………………...........  Fishing vessel external identification:.......................................................................................  …………………………………………………………………………………………...........  Radio call sign and frequency:................................................................................................. . 
…………………………………………………………………………………………...........  Length of vessel: .............................................................................................................. .........  
…………………………………………………………………………………………...........  Width of vessel:............................................................................................................... ..........  
…………………………………………………………………………………………...........  Engine type and horse power: ...................................................................................................  
…………………………………………………………………………………………...........  Gross registered tonnage of vessel:...........................................................................................  …………………………………………………………………………………………...........  Net registered tonnage of vessel: ..............................................................................................  
…………………………………………………………………………………………...........  Minimum crew:.................................................................................................................. .......  
…………………………………………………………………………………………...........  Type of fishing: ............................................................................................................... ..........  
…………………………………………………………………………………………...........  Proposed catch species:........................................................................................................ .....  
…………………………………………………………………………………………...........  Period of validity requested: .................................................................................................. ...  
…………………………………………………………………………………………...........  I, the undersigned, declare that th e above particulars are correct. 
Date ......................................................... Signature......................................................... .........  
 
EN 25   EN Appendix 2. MODEL FISHING FORM FOR TUNA SEINERS  
DEPART / SALIDA / DEPARTURE  ARRIVEE / LLEGADA / ARRIVAL  NAVIRE / BARCO / VESSEL  PATRON / PATRON / MASTER  FEUILLE  
 
PORT / PUERTO / PORT 
DATE / FECHA / DATE 
HEURE / HORA / HOUR 
LOCH / CORREDERA / LOCH  
PORT / PUERTO / PORT  
DATE / FECHA / DATE 
HEURE / HORA / HOUR 
LOCH / CORREDERA / LOCH    HOJA / SHEET N°  
 
CALEE 
LANCE 
SET  
CAPTURE ESTIMEE  
ESTIMACION DE LA CAPTURA  
ESTIMATED CATCH  ASSOCIATION 
ASSOCIACION 
ASSOCIATION   
COMMENTAIRES  
OBSERVATIONES  
COMMENTS   
COURANT  
CORRIENTE  
CURRENT  
1 
ALBACORE  
RABIL 
YELLOWFIN  2 
LISTAO 
LISTADO  
SKIPJACK  3  
PATUDO 
PATUDO 
BIGEYE  AUTRE ESPECE 
préciser le/les nom(s)  
OTRA ESPECIE dar 
el/los nombre(s)  
OTHER SPECIES give 
name(s)  REJETS préciser le/les 
nom(s) 
DESCARTES dar el/los 
nombre(s)  
DISCARDS give 
name(s)  DATE 
FECHA 
DATE POSITION (chaque calée ou 
midi) 
POSICION (cada lance o 
mediadia)  
POSITION (each set or 
midday)      
 
Taille 
Talla 
Size  
Capture
Captura
Catch  
Taille 
Talla 
Size  
Capture
Captura
Catch  
Taille 
Talla 
Size  
Capture
Captura
Catch 
Nom 
Nombre 
Name  
Taille 
Talla 
Size  
Capture
Captura
Catch 
Nom 
Nombre 
Name  
Taille 
Talla 
Size  
Capture
Captura
Catch      Route/Recherche, problèmes divers,
type d'épave (naturelle/artificielle,  
balisée, bateau), prise accessoire, taille
du banc, autres associations, …  
Ruta/Busca, problemas varios, tipo de
objeto (natural/artificial, con baliza,  
barco), captura accesoria, talla del  
banco, otras asociaciones, …  
Steaming/Searching, miscellaneous
problems, log type (natural/artificial,
with radio beacon, vessel), by catch,
school size, other associations, … 
  
Une calée par ligne / Uno lance cada línea / One set by line  
                            
                            
                            
                            
SIGNATURE 
DATE 
 
EN 26   EN Appendix 3. MODEL  FISHING  FORM  FOR  TUNA  LONGLINERS  
 
 
Branc h line length / Longueur 
des  avancons  (m)
Float line length / longueur des 
ralingues  de flotteurs (m)
Length between branch lines / 
longueur entre les avancons Gear configuration / configuration de l'engin
  
+whole  /  en tier
+proc es sed / trans forméType of weight / type de poids
 
For each haul, the catches must be indicated in number a nd weight (kg) respectively in the upper and lower rows 
 
Deg ree  /  
De gr ˇs ąNS D egr ee /  
De gr ˇs ąEW 
  for dates ,  us e the YYYY/MM/DD  format  / po ur le s da t e s, utilise r le form at AAAA/MM/JJ
ą for posit io ns , us e  th e f or mat : /  pou r les posi tion s, ut il ise r le f o rm at Ź: X X  X X '
** fo r S ST, us e a va lu e with  o ne  de cima l poin t / pou r  la  SST, uti l ise r un e va le ur   u ne  d ˇci m al eDate  
E   W N   SN   S E    WE   W N   SN   S E    WOt he r /  
aut re sShar ks /  requins Bi llfi shes / P or tes- ˇpˇe
al b aco re  /  
ge r m onsk i pj ack  /  
list aoSw ord fi s h / 
es pad onSt ripp ed marlin  /  
ma rlin  ray ˇBlu e  s ha r k / 
Pe au bl eu ePo r be agl e  /  
req uin ta upeMa ko / 
p e tite  ta upeblue marlin  /  
ma r l i n  b l e ubl ac k marl in 
/ m ar lin  n oi rSa ilfis h  / 
vo ilierSh ort bill 
sp ear fis h /  
marlin    ro st re 
co urtLat itu de Long itud ePosi ti on Tunas / tho ns
sou the rn blu efin  /  
t hon ro ugeye llow fin  / 
al b aco rebi gey e /  
pa tu d o
 
EN 27   EN Appendix 4  
Model table for monitoring the activity of Community fishing vessels in Comorian waters 
Flag state  Name of 
vessel  Sign of 
vessel  Year  Category 
(seiner, 
longliner)  Authorisa
tion Entry in 
zone  Exit out 
of zone  Fishin
g days 
(VMS)Catches  VMS Remarks  
           
           
           
 
 
EN 28   EN Appendix 5  
COMMUNICATION OF VMS ME SSAGES TO THE COMOROS 
POSITION REPORT 
Data Element  Code  Mandatory/
Optional  Comments  
Start record SR O System deta il – indicates start of record 
Recipient AD O Message detail – addr essee. Alpha 3 ISO country code 
From FS O Message detail – sende r. Alpha 3 ISO country code 
Type of message TM O Message detail - Message type 'POS'  
Radio call sign RC O Vessel detail – inte rnational radio call sign of vessel 
Contracting Party 
internal reference number IR F Vessel detail - Unique contracting Party number (flag 
State ISO-3 code followed by number) 
External registration number XR F Vessel detail – number marked on side of vessel 
Flag State FS F Flag state detail 
Latitude LA O Vessel position detail – position in degrees and minutes 
N/S DDMM (WGS-84) 
Longitude LO O Vessel position detail – position in degrees and minutes 
E/W DDMM (WGS-84) 
Date DA O Vessel position detail – da te of record of UTC position 
(YYYYMMDD) 
Time TI O Vessel position detail – ti me of record of UTC position 
(HHMM) 
End record ER O System detail - indicates end of record 
Character set: ISO 8859.1 
Each data transmission is structured as follows: – a double slash (//) and the code 'SR'  indicate the start of the message; 
– a double slash (//) and a code indi cate the start of a data element; 
– a single slash (/) separates the code and the data; 
– pairs of data are separated by a space; 
– the code 'ER' and a double slash (//) at  the end indicate the end of a record. 
– Optional data elements have to be inserted  between the start a nd end of the record. 
 
EN 29   EN LEGISLATIVE FINANCIAL STATEMENT  
1. TITLE  OF THE  PROPOSAL: 
Proposal for a Council decision on the conclusion of a new Protocol setting out the fishing 
opportunities and financial contribution provided for in the Fisheries Partnership Agreement 
between the European Community and the Union of the Comoros. 
2. ABM/ABB  FRAMEWORK  (ACTIVITY -BASED MANAGEMENT /ESTABLISHMENT OF 
THE BUDGET ) 
11. Maritime Affairs and Fisheries 
1103. International fisherie s and law of the sea 
3. BUDGET  LINES 
3.1. Budget lines: 
110301: International fisheries agreements 
11010404: International fisheries agreemen ts — Expenditure on administrative 
management 
3.2. Duration of the action a nd of the financial impact: 
The Protocol to the Fisheries Agreement between the European Community and the 
Union of the Comoros expires on 31 Dece mber 2010. The new Protocol is concluded 
for a duration of thre e years from the entr y into force of the Council decision on the 
provisional application of the said Protocol and after expiry of the current Protocol 
on 31 December 2010. 
The Protocol lays down the financial c ontribution, the fishing categories and the 
conditions for fishing by EU vessels  in the Comorian fishing zones. 
4. SUMMARY  OF RESOURCES 
4.1. Financial resources 
4.1.1.  Summary of commitment appropriations ( CA) and payment appropriations (PA) 
  
EUR million (to 5 decimal places)  
 
EN 30   EN Type of 
expenditure  Section 
No   2011 2012 2013 Total 
Commitment 
appropriations (CA) 8.1 a See 
footnotes
8 and9. 
 0,61525 0, 61525 0, 61525 1,84575
Payment 
Appropriations 
(PA)  b See 
footnote
s8 and9. 0,61525 0, 61525 0, 61525 1,84575
Technical and 
administrative assistance - ATA (NDA) 8.2.4 c 
 0,01920 0,01920 0,05920 0,09760
Commitment 
appropriations   a+
c See 
footnotes
8 and9. 0,63445 0,63445 0,67450 1,94335
Payment 
appropriations   b+
c See 
footnotes
8 and9. 0,63445 0,63445 0,67450 1,94335
Human resources 
and associated expenditure (NDA) 8.2.5 d 
 0,06710 0, 06710 0,06710 0,20130
Administrative 
costs other than human resources and associated expenditure, not included in reference amount 8.2.6 e 
 
 
0,02500 0,02500 0,02500 0,07500
                                                 
8 The financial contribution comprises: a) an an nual amount for access to the EEZ of the Comoros of 
EUR 315 250, equivalent to a reference tonnage of 4 850 tonnes per year, and b) a specific amount of 
EUR 300 000 per year for the support and implemen tation of the sectoral fisheries policy of the 
Comoros. If the overall quantity of catches by European Union vessels in Comorian waters exceeds 
4 850 tonnes per year, the total amount of the annual financial contribution shall be increased by EUR 
65 for each additional tonne caugh t. However, this amount may not exceed EUR 630 500 per year. 
9 In accordance with the Protocol, the fishing opportunities may be adjusted by mutual agreement insofar 
as the recommendations and resolutions adopted by the IOTC confirm that this adjustment guarantees 
the sustainable management of the Comorian fisheries resources. However, the financial contribution may, however, only be increased subject to budgetary possibilities. 
 
EN 31   EN Total CA 
including cost of human resources   a+ 
c+ d+ e See 
footnotes
8 and9. 0,72655 0,72655 0,76655 2,21965
Total PA 
including cost of human resources   b+ 
c+ d+ e See 
footnotes
8 and9. 0,72655 0,72655 0,76655 2,21965
 
Part-financing details: no part-financing  
 EUR million (to 5 decimal places) 
Part-financing 
body   
2011 2012 2013 Total 
 f      
TOTAL CA 
with part-
financing a + c + d + e + f See 
footnotes
8 and9 0,72655 0,72655 0,76655 2,21965
 
4.1.2.  Compatibility with financial programming 
X Proposal is compatible with existing financial programming. 
 Proposal will entail program ming of the relevant heading in the financial 
perspective. 
 Proposal may require application of th e provisions of th e Interinstitutional 
Agreement10 (i.e. flexibility instrument or re vision of the financial perspective). 
4.1.3.  Financial impact on revenue 
X Proposal has no financial impact on revenue. 
 Proposal has financial impact – th e effect on revenue is as follows: 
Note: All details and observations relating  to the method of calculating the effect 
on revenue should be shown in a separate annex.  
EUR million (to 5 decimal places) 
                                                 
10 See points 19 and 24 of the Interinstitutional Agreement. 
 
EN 32   EN    
Budget 
line Revenue Prior to 
action 
[Year n-1]   [Year n] Budget 
line Revenue  
(a) Revenue in absolute 
terms      (a) Revenue 
in absolute terms   
b) Change in revenue   ∆    b) Change in 
revenue  
 
(Please specify each revenue budget line involved, adding the appropriate number 
of rows to the table if there is an effect on more than one budget line.) 
4.2. Human Resources, FTE (including officials, temporary and external staff) – see 
details under point 8.2.1. 
  
Annual requirements  2011 2012 2013 
Total number of human 
resources 0,85 0,85 0,85 
5. CHARACTERISTICS  AND  OBJECTIVES 
5.1. Need to be met in the short or long term 
The current Protocol to the Fisheries Ag reement between the European Community 
and the Union of the Comoros expire s on 31 December 2010. The new Protocol 
should cover the period from 1 January 2011 to 31 December 2013, provided that the 
procedure relating to the adoption of the Council decision on the provisional 
application of the Protocol, launched in pa rallel to this procedure, is completed 
before the deadline of 31 December 2010. 
The main objective of the new Protocol is to strengthen cooperation between the EU 
and the Comoros with a view to promoting the development of a sustainable fisheries 
policy and the rational exploita tion of fisheries resource s in the Comorian fishing 
zone. The main elements of the new Protocol are: 
- Fishing opportunities:  with an annual referen ce tonnage of 4 850 tonnes, 
45 tuna seiners and 25 longliners will be allocated as follows (based on the method of allocating the fishing opport unities in the previous Protocol, 
applications by the Member States and the historical rates of utilisation by Member State and by category): 
• tuna seiners: France:  22, Spain: 22, Italy: 1 
 
EN 33   EN • longliners: Spain: 12, Portugal: 5, France: 8 
- Annual financial contribution:  EUR 615 250 
- Advances and fees payable by shipowners11: EUR 35 per tonne of tuna caught 
in the Comorian fishing zone. The annua l advances are fixed at EUR 3 700 per 
tuna seiner and EUR 2 200 per longliner.  
5.2. Added value of European Union involve ment and coherence of the proposal 
with other financial instru ments and possible synergy 
Regarding this new Pr otocol, if the EU does not act, private agreements will spring 
up which would not guarantee sustainable fi sheries. The European Union also hopes 
that with this Protocol, the Comoros will c ontinue to cooperate effectively with the 
EU in regional bodies such as the Indian  Ocean Tuna Commission (IOTC), the South 
West Indian Ocean Fisheries Commission (S WIOFC) and the Southern Indian Ocean 
Fisheries Agreement (SIOFA) for the manage ment of the high seas fishery resources 
in the south of the Indian Ocean. The funds  of the Protocol will also enable the 
Comoros to consolidate and improve their active participation in the Regional Plan 
for Fisheries Surveillance in the south-we st Indian Ocean, financed by DG MARE 
and implemented by the Indian Ocean Commission. 
5.3. Objectives, expected results and related i ndicators of the proposal in the context 
of the ABM framework 
The negotiation and conclusion of fisheries ag reements with third countries meets the 
general objective of maintaining and safeguard ing the traditional fishing activities of 
the European Union fleet, including the dist ant-water fleet, and developing relations 
in a spirit of partnership with a view to strengthening the sustainable exploitation of 
fishery resources outside EU  waters, taking account of en vironmental, social and 
economic concerns. 
The following indicators will be used in th e context of the ABM for the purposes of 
monitoring implementation of the Agreement: 
• monitoring the utilis ation rate of the fishing opportunities; 
• gathering and analysing data on catches and the commercial value of the 
Agreement; 
• contribution to employment a nd to added value in the EU; 
• contribution to stabilising the EU market; 
• contribution to the general objectives  of reducing poverty in the Comoros, 
including the contri bution to employment, development of infrastructure and 
support for the State budget; 
• number of technical meetings and meetings of the Joint Committee. 
5.4. Method of implementation (indicative) 
X Centralised management 
                                                 
11 Advances and fees payable by shipowners do not have an impact on the Community budget. 
 
EN 34   EN X Directly by the Commission 
6. MONITORING  AND  EVALUATION 
6.1. Control system 
The Commission (DG MARE, in collaboration  with the Delegation of the European 
Union to Mauritius, responsible for Mauritiu s, the Seychelles and the Comoros) will 
ensure regular monitoring of the implementa tion of this Protocol , particularly in 
terms of its use by operators and catch data. 
6.2. Assessment 
A thorough evaluation was car ried out on the Protocol for 2005-2010, ending in May 
2010, with the assistance of a consortium of independent consultants, with a view to 
the possible launch of negotiations on a new Protocol.  
6.2.1.  Ex-ante evaluation 
The evaluation identified the followi ng points of interest for the EU: 
- By meeting the needs of the European fleets, the fisheries agreement with the 
Comoros could help support the viability of the EU tuna industry in the Indian 
Ocean. 
- The Protocol is deemed to be capable  of contributing to the viability of 
European industries by offering European  Union vessels and the industries 
which depend on them a stable legal e nvironment and medium-term visibility.  
As regards the interests of the Comoros in the context of the Protocol, the main 
conclusions of the evaluation were: 
– the Fisheries Agreement can help stre ngthen institutional capacities in the 
fisheries sector, by improving res earch, and monitoring, control and 
surveillance activities, as well as traini ng and the viability of the small-scale 
fishing sector; 
– the Fisheries Agreement will also have a major impact on the country’s 
budgetary and political stability. 
In addition to the direct commercial value of the catches for the vessels involved, the 
agreement could yield the following manifest benefits: 
- guaranteed jobs on board fishing vessels; - multiplier effect on employment in ports , auction markets, processing factories, 
shipyards, service enterprises etc.; 
- location of these jobs in regions where there are no other employment 
possibilities; 
 
EN 35   EN - contribution to the supply of fish to the EU. 
- Added value of European Union involvement:  
The existence of a European Union ag reement imposing a bi nding regulatory 
framework on both Parties guarantees the sound  management of fish stocks, which is 
not always the case with private agreements.  
The Fisheries Agreement also creates jobs for seamen from the European Union and 
the third country. Moreover, the Fisheries Agreement guarantees a substantial share 
of resources to the sectoral fisheries policy in the Comoros. As a result of this Fisheries Agreement, monitoring, control and surveillance activities will also be strengthened. 
- Risks and alternative options:
 
There is some risk in setting up a fi sheries protocol, for example: the amounts 
intended to finance the sectoral fisheries policy might not be allocated as agreed 
(under-programming). To avoid these risks,  extensive dialogue is planned on the 
programming and implementation of the sectoral policy.  
6.2.2.  Ex-ante estimate of the economic value of  the Agreement and the EU's financial 
contribution 
The financial contribution under the Protoc ol totals EUR 615 250 per year for the 
period 2011-13. This amount is composed of  a part relating to  access rights to 
Comorian waters for EU vessels amounting to EUR 315 250 per year , equivalent to a 
reference tonnage of 4 850 t onnes per year, and of support for the development of the 
fishing sector amounting to EUR 300 000 per year. 
The financial contribution of the previ ous Protocol, amounting to EUR 390 000 per 
year, corresponded only to the equivalent of  the fishing rights, without any support 
for the development of the sector. The addition of an additional budget for 
supporting the fishing sector has therefore resu lted in a relatively significant increase 
in the total financial contribution of the new Protocol compared with the previous 
one.  
The addition of this budget can be justifie d because of the needs of the Union of the 
Comoros to implement a sustainable and responsible fishing policy in terms of 
management of stocks and good governance of the sector. 
6.2.3.  Measures taken following an intermediate/ex-post evaluation (lessons learned 
from similar experiences in the past) 
The evaluation report12 indicates that the Agreement makes a positive contribution 
towards the presence of tuna seiners, but has only a very minor impact on the 
presence of longliners. The contribution of the agreement to making the activities of 
the EU fleet safe has proved to be important  for the tuna segment, even if catches can 
only be made for a few months of the year.   
                                                 
12 Ex-post evaluation of the 2005-2010 Protocol and ex-ante evaluation of the future Protocol. 
 
EN 36   EN The new Agreement has taken these reco mmendations into account by confirming 
the issue of fishing authorisations  to the tuna cat egory alone.  
The financial contribution allocated to the implementation of initiatives taken in the 
context of the sectoral fisheries policy drawn up by the Government of the Comoros 
will be subject to a multiannual sectoral prog ramme relating to this financial support. 
This programming will be carried out by means of a strong and permanent dialogue between the Parties. 
6.2.4.  Terms and frequency of future evaluations 
Following on from the study finalised in  May 2010 (see points 6.2.1 and 6.2.3), in 
order to ensure sustainabl e fishing in the region, an evaluation of the economic, 
social and environmental impact will be made  each time a protocol is renewed in the 
future. The indicators listed in point 5.3 will be used to carry out an ex-post 
evaluation. 
7. A
NTI-FRAUD MEASURES  
The use to which the financial contribution paid by the EU under the Agreement is 
put is entirely at the discretion of the sovereign third country concerned. 
Nevertheless, the Commission undertakes to try and establish permanent political 
dialogue and cooperation with a view to improving the management of the 
Agreement and strengthening the EU’s cont ribution to the sustainable management 
of resources. 
In any case, any payment which the Comm ission makes under a Fisheries Agreement 
is subject to its standard ru les and budgetary and financial procedures. This makes it 
possible, in particular, to fully identify th e bank accounts of the third countries into 
which the financial contribution is paid. 
 
EN 37   EN 8. DETAILS  OF RESOURCES 
8.1. Objectives of the proposal in terms of their financial cost 
Commitment appropriations in EUR million (to five decimal places) 
 2011 2012 2013 TOTAL  
 Type of output  Number of 
outputs  Total cost for the EU
 Number of outputs
 Total cost for the EU
 Number of outputs
 Total cost for the EU
 Number of outputs
 Total cost for the EU
 
OPERATIONAL OBJECTIVE No 113: 
To obtain fishing opportunities in 
exchange for a financial contribution  
Action 1   
Output 1  Reference tonnage; 
Maximum number of 
fishing authorisations per fishing 
authorisation period
 4850;  70 fishing 
authorisations 
 0,31525 
 4850;  
70 fishing 
authorisations  0, 31525 
 4850;  
70 fishing 
authorisations0, 31525 
 4850;  
70 fishing 
authorisations
 0,94557 
 
OPERATIONAL OBJECTIVE No 2:  
Specific contribution dedicated to support 
for the Comorian fishing sector  
Action 2   
Output 2 
   0,30000  0,30000  0,30000  0,90000 
                                                 
13 As described in Section 5.3. 
 
EN 38   EN 8.2. Administrative expenditure 
Needs in human and administrative resources  will be met inside the appropriation 
allocated to the managing DG within th e framework of the annual allocation 
procedure. 
8.2.1.  Number and type of human resources 
Types of employment   Staff to be assigned to management of the action using existing and/or 
additional resources ( number of posts/FTEs ) 
  2011 2012 2013    
A*/AD  0,25 0,25  0,25    Officials and temporary 
staff14 (11 01 01)  
 B*, 
C*/AST  0,3 0,3 0,3    
Staff financed15 by Art. 11 01 02  
       
Other staff financed16 by Art. 11 01 
04 04  
 0,3 0,3 0,3    
TOTAL  0,85 0,85 0,85    
8.2.2.  Description of tasks deriving from the action 
- Assisting the negotiator to prepare a nd conclude the negotiation of fisheries 
agreements: 
- taking part in negotiations with th ird countries to conclude fisheries 
agreements; 
- preparing draft evaluatio n reports and negotiation strategy notes for the 
Commissioner; 
- presenting and defending the Co mmission's position in the Council's 
Working Party on External Fisheries; 
- taking part in the search for a compromise with the Member States to be 
included in the final text of the Agreement. 
- Monitoring the implementation of agreements: 
- daily monitoring of fisheries agreements; 
                                                 
14 Cost of which is NOT covered by the reference amount. 
15 Cost of which is NOT covered by the reference amount. 
16 Cost of which is included  in the reference amount. 
 
EN 39   EN - preparing and checking the commitment and payment of the financial 
contribution and of any specifi c supplementary contributions; 
- regular reporting on the implementation of agreements; - evaluating agreements: scientific and technical aspects; - preparing the draft proposal for a Council Regulation and Decision and 
drafting the text of the Agreement; 
- launching and monitoring adoption procedures. 
- Technical assistance: 
- preparing the Commission's position for the Joint Committee. 
- Inter-institutional relations: 
- representing the Commission be fore the Council, the European 
Parliament and the Member States in the negotiation process; 
- writing the replies to oral and written questions from the European 
Parliament. 
- Interdepartmental consu ltation and coordination: 
- liaising with the other Directorates -General on matters relating to the 
negotiation and monitoring of agreements; 
- organising and responding to interdepartmental consultations. 
- Evaluation: 
- taking part in updating the impact assessment; - analysing the objectives achie ved and evaluation indicators. 
 
EN 40   EN 8.2.3.  Sources of human resources (statutory) 
(When more than one source is stated, please in dicate the number of posts originating from 
each of the sources). 
X Posts currently allocated to the manage ment of the programme to be replaced 
or extended 
 Posts pre-allocated within the APS/PDB exercise for the year 2011  
 Posts to be requested in the next SPA/PDB procedure 
 Posts to be redeployed using existing resources within the service concerned 
(internal redeployment) 
 Posts required for year n although not fo reseen in the APS/PDB exercise of the 
year in question 
8.2.4.  Other administrative expenditure included in reference amount 
(11 01 04/05 – Expenditure on administrative management) 
 In EUR  
Budget line: 11010404 
(number and heading) 2011 2012 2013 TOTAL 
1. Technical and administrative 
assistance (including related staff costs)      
Executive Agencies17 
     
Other technical and administrative 
assistance:     
- intra muros18  19 200 19 200 19 200 57 600 
- extra muros19   40 000 40 000 
Total technical and administrative 
assistance  19 200 19 200 59 200 97 600 
 
                                                 
17 Reference should be made to the specific legislative statement for the Executive Agency/Agencies concerned. 
18 This expenditure relates to a fisheries expert post (c ontract staff member) based at the Delegation of the 
EU to Mauritius financed from budget line 11 01 04 04. 
19 This expenditure concerns an ex-post evaluation study of the Protocol, see paragraph 6.2.4. 
 
EN 41   EN 8.2.5 Cost of human resources and associated co sts not included in the reference amount 
 In EUR 
Type of human resources 2011 2012 2013 TOTAL 
Officials and temporary staff 
(11 01 01) 67 100 67 100 67 100 201 300 
Staff financed by Art. XX 01 02 
(auxiliary, SNE, contract staff, etc.) 
(specify budget line)     
Total cost of human resources and 
associated costs (NOT included in the reference amount)  67 100 67 100 67 100 201 300 
 
Calculation – Officials and contract staff  
Reference should be made  to Point 8.2.1, if applicable 
- 1 AD = EUR 122 000 x 0.25 = EUR 30 500 
 1 AST = EUR 122 000 x 0.15 = EUR 18 300  1 AST = EUR 122 000 x 0.15 = EUR 18 300  Subtotal: EUR 67 100 (EUR 0.0671 million per year) 
 
[The costs of the contract staff at the Mauritius Delegation, EUR 64 000*0.3 = EUR 19 200, 
are indicated in point 8.2.4 as they form part  of the 'Other administrative expenditure' 
included in the reference amount.] 
Total: EUR 86 300 per year (EUR 0.0863 million per year) Calculation – Staff fina nced under Article XX 01 02 
Reference should be made  to Point 8.2.1, if applicable 
 
EN 42   EN 8.2.6 Other administrative expenditure not  included in reference amount 
 In EUR 
 2011 2012 2013 TOTAL 
11 01 02 11 01 – Missions 15 000 15 000 15 000 45 000 
11 01 02 11 02 – Meetings and 
conferences 10 000 10 000 10 000 30 000 
XX 01 02 11 03 – Committees20 
     
XX 01 02 11 04 – Studies and 
consultations     
XX 01 02 11 05 – Information 
systems     
2. Total other management 
expenditure (XX 01 02 11)      
3. Other expenditure of an 
administrative nature  (specify, 
including reference to budget line)     
Total administrative expenditure, 
other than human resources and associated costs (NOT included in reference amount)  25 000  25 000  25 000  75 000  
 
                                                 
20 Specify the type of committee and the group to which it belongs.