Proposal for a Council Decision on the conclusion of the agreement in the form of an exchange of letters concerning the provisional application of the protocol setting out the fishing opportunities and financial contribution provided for in the agreement between the European Economic Community and the Democratic Republic of Madagascar on fishing off Madagascar for the period from 21 May 2001 to 20 May 2004
Date: 2001-07-18
Institutions: European Commission
Subjects: Madagascar, deep-sea fishing, financial compensation of an agreement, fishing agreement, fishing permit, fishing rights, protocol to an agreement

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 18.07.2001
COM(2001) 408 final

Proposal for a

COUNCIL DECISION

on the conclusion of the Agreement in the form of an exchange of letters concerning the
provisional application of the Protocol setting out the fishing opportunities and financial
contribution provided for in the Agreement between the European Economic
Community and the Democratic Republic of Madagascar on fishing off Madagascar for
the period from 21 May 2001 to 20 May 2004

(presented by the Commission)

EXPLANATORY MEMORANDUM

The Protocol
to the Fisheries Agreement between the European Community and the
Democratic Republic of Madagascar expired on 21 May 2001. A new Protocol was initialled
by both parties on 12 March 2001 fixing the technical and financial conditions governing the
fishing activities of Community vessels in Malagasy waters during the period 21 May 2001 to
20 May 2004.

The Commission proposes, on this basis, that the Council adopt by Decision the draft
Agreement in the form of an exchange of letters concerning the provisional application of the
new Protocol pending its definitive entry into force.

A proposal for a Council Regulation on the conclusion of the new Protocol must be the
subject of a separate procedure.

2

Proposal for a

COUNCIL DECISION

on the conclusion of the Agreement in the form of an exchange of letters concerning the
provisional application of the Protocol setting out the fishing opportunities and financial
contribution provided for in the Agreement between the European Economic
Community and the Democratic Republic of Madagascar on fishing off Madagascar for
the period from 21 May 2001 to 20 May 2004

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular
Article 300(2) thereof,

Having regard to the proposal from the Commission1,

Whereas:

(1)

(2)

(3)

(4)

(5)

(6)

the Agreement between the European Economic Community and the
Under
Democratic Republic of Madagascar on fishing off Madagascar2, the Community and
the Republic of Madagascar conducted negotiations to determine the amendments or
additions to be made to the Agreement at the end of the period of application of the
Protocol to the Agreement.

As a result of those negotiations, a new Protocol was initialled on 12 March 2001.

Under this Protocol, Community fishermen enjoy fishing opportunities in the waters
falling within the sovereignty or jurisdiction of the Republic of Madagascar for the
period from 21 May 2001 to 20 May 2004.

In order to ensure uninterrupted fishing activities by Community vessels, it is essential
that the new Protocol be applied as quickly 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 initialled Protocol from 21 May 2001.

The Agreement in the form of an Exchange of Letters should be approved, pending a
definitive decision under Article 37 of the Treaty.

The method of allocating the fishing opportunities among the Member States should
be defined on the basis of the traditional allocation of fishing opportunities under the
Fisheries Agreement,

1

2

OJ C ...
OJ L 73, 18.3.1986, p. 26.

3

HAS DECIDED AS FOLLOWS:

Article 1

The Agreement in the form of an exchange of letters concerning the provisional application of
the Protocol setting out the 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 for the period from 21 May 2001 to 20 May 2004, is
hereby approved on behalf of the Community.

The texts of the Agreement in the form of an exchange of letters and of the Protocol are
attached to this Decision.

The fishing opportunities set out in the Protocol shall be allocated among the Member States
as follows:

Article 2

(a)

Tuna seiners:

Spain:

France:

Italy:

(b)

Surface longliners:

Spain:

France:

Portugal:

18 vessels

20 vessels

2 vessels

23 vessels

10 vessels

7 vessels

If licence applications from these Member States do not cover all the fishing opportunities
fixed by the Protocol, the Commission may take into consideration licence applications from
any other Member State.

Article 3

The Member States whose vessels are fishing under this Protocol are obliged to notify the
Commission of the quantities of each stock taken in the Malagasy fishing zone in accordance
with the arrangements laid down in Commission Regulation (EC) No 500/2001 of
14 March 20013.

3

OJ L 73, 15.3.2001, p. 8.

4

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

5

Agreement

in the form of an exchange of letters concerning the provisional application of the
Protocol setting out the fishing opportunities and financial contribution provided for
in the Agreement between the European Economic Community and the Democratic
Republic of Madagascar on fishing off Madagascar for the period from 21 May 2001
to 20 May 2004

Letter from the Government of Madagascar

A.

Sir,

With reference to the Protocol initialled at Antananarivo on 12 March 2001 setting out
fishing opportunities and financial compensation for the period from 21 May 2001 to
20 May 2004, I have the honour to inform you that the Government of Madagascar is
prepared to apply the Protocol on a provisional basis with effect from 21 May 2001,
pending its entry into force in accordance with Article 7 of the said Protocol, provided the
European Community is disposed to do the same.

This is on the understanding that the first annual instalment of the financial compensation
specified in Article 2 of the Protocol is paid by 30 November 2001.

I should be obliged if you would confirm the European Community's agreement to such
provisional application.

Please accept, Sir, the assurance of my highest consideration,

For the Government of the Republic of Madagascar

6

Letter from the Community

B.

Sir,

I have the honour to acknowledge receipt of your letter of today's date which reads as
follows:

"With reference to the Protocol initialled at Antananarivo on 12 March 2001 setting out
fishing opportunities and financial contribution for the period from 21 May 2001 to
20 May 2004, I have the honour to inform you that the Government of Madagascar is
prepared to apply the Protocol on a provisional basis with effect from 21 May 2001,
pending its entry into force in accordance with Article 7 of the said Protocol, provided
the European Community is disposed to do the same.

This is on the understanding that
compensation specified in Article 2 of the Protocol is paid by 30 November 2001.

the first annual

instalment of

the financial

I should be obliged if you would confirm the European Community's agreement to such
provisional application."

I have the honour to confirm the European 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

7

PROTOCOL

setting out the fishing opportunities and financial contribution provided for in the
Agreement between the European Economic Community and the Democratic
Republic of Madagascar on fishing off Madagascar for the period from
21 May 2001 to 20 May 2004

Article 1

Pursuant to Article 2 of the Agreement, licences authorising fishing in Madagascar's
fishing zone shall be granted to 40 freezer tuna seiners and 40 surface longliners for a
period of three years beginning on 21 May 2001.

In addition, at the request of the Community, authorisation may be granted for other
categories of fishing vessel under conditions to be laid down in the Joint Committee
referred to in Article 9 of the Agreement.

1.

2.

3.

1.

Article 2

The financial contribution referred to in Article 7 of the Agreement shall be
(comprising EUR 308 000 financial
fixed at EUR 825 000 per year
compensation, to be paid not later than 30 November each year, and EUR
517 000 for the measures referred to in Article 3 of this Protocol).

The financial contribution is to cover an annual catch of 11 000 tonnes of tuna
in Malagasy waters; if the tuna caught by Community vessels in Madagascar's
fishing zone exceeds this weight,
the amount referred to above shall be
proportionately increased.

The financial compensation shall be paid into an account to be indicated by the
Malagasy authorities, in the name of the Public Treasury.

Article 3

The measures set out below shall be financed from the financial contribution
provided for in Article 2(1), to the amount of EUR 517 000 per year , broken
down as follows:

a)

b)

c)

EUR 80 000 for Malagasy scientific programmes to improve knowledge
of fisheries resources and ensure sustainable management thereof.

At the request of the Government of Madagascar, this contribution may
take the form of assistance with the costs of international meetings to
improve knowledge of those species and the management of fishery
resources.

EUR 267 000 towards a system of fisheries monitoring, checks and
surveillance.

8

2.

3.

4.

d)

EUR 100 000 for the financing of study grants and training courses and
for the training of sailors.

e)

ECU 70 000 for assistance in the development of traditional fisheries.

The amounts referred to at (a), (b) and (d) shall be made available to the
Ministry responsible for fisheries no later than 30 November each year and
paid into the bank accounts of the competent Malagasy authorities.

The amount referred to at (c) shall be made available to the Ministry
responsible for fisheries and paid as it is used into the bank accounts indicated
by it.

The competent Malagasy authorities shall send the Commission of the
European Communities an annual report on the use of the funds allocated to
the measures provided for in paragraph 1 and on the implementation of these
later than three months after the
measures and the results achieved not
anniversary date of
the European
Communities reserves the right to request additional information from the
Ministry responsible for fisheries. In the light of the actual implementation of
these measures and after consulting the competent Malagasy authorities in the
Joint Committee, the Commission of the European Communities may review
the payments concerned.

the Protocol. The Commission of

Article 4

Should the Community not make the payments referred to in Articles 2 and 3 of this
Protocol, the Fisheries Agreement may be suspended.

Article 5

Where severe circumstances not attributable to natural phenomena prevent fishing
activities in Madagascar's fishing zone, the European Community may suspend payment
of the financial contribution following prior consultations, where possible, between the
two Parties.

Payment of the financial contribution shall recommence once the situation returns to
normal and following consultation between the two Parties confirming that the situation
is likely to allow a return to normal fishing activities.

Article 6

The Annex to the Agreement between the European Economic Community and the
Democratic Republic of Madagascar on fishing off Madagascar is hereby repealed and
replaced by the Annex to this Protocol.

Article 7

This Protocol shall enter into force on the date on which it is signed.

It shall apply from 21 May 2001.

9

ANNEX

CONDITIONS GOVERNING FISHING ACTIVITIES BY COMMUNITY
VESSELS IN MADAGASCAR'S FISHING ZONE

1.

APPLICATION FOR AND ISSUE OF LICENCES

The procedure for applying for and issuing licences authorising Community
vessels to fish in Malagasy waters shall be as follows.

(a)

Through its representative in Madagascar,
European Communities shall present to the Malagasy authorities:

the Commission of

the

–

–

at
least 20 days before the beginning of the desired period of
validity, a licence application completed by the shipowner for each
vessel for which authorisation to fish under the Agreement
is
requested;

an annual application for prior authorisation to enter Madagascar's
territorial waters; such authorisation shall be valid for the duration of
the licence.

Licence applications must be made on the 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 the advance due from
the shipowner.

(b) Licences shall be issued for a specific vessel and shall not be transferable.

However, in the event of force majeure, a licence for one vessel may be
replaced by a new licence for another vessel of similar characteristics
should the Commission of the European Communities so request. The
owner of the vessel being replaced shall return the cancelled licence to the
Malagasy Ministry with responsibility for sea fisheries via the Delegation
of the Commission of the European Communities in Madagascar.

The new licence shall indicate:

–

–

the date of issue,

the fact that it cancels and replaces the licence of the previous
vessel.

The fee provided for in Article 5 of the Agreement shall not be due for the
remaining period of validity.

(c)

The Malagasy authorities shall send licences to the representative of the
Commission of the European Communities in Madagascar.

10

(d) Licences must be kept on board at all times; however, on receipt of
notification of payment of the advance sent to the Malagasy authorities by
the Commission of the European Communities, vessels shall be entered on
a list of vessels authorised to fish, which shall be sent to the Malagasy
authorities responsible for fisheries inspection. A copy of the said licence
may be obtained by fax pending arrival of the licence itself; that copy shall
be kept on board.

(e) Owners of tuna boats must be represented by an agent in Madagascar.

(f)

The Malagasy authorities shall give notice, before the Agreement enters
into force, of the arrangements for payment of fees and advances,
including information on bank accounts.

2.

VALIDITY OF LICENCES AND PAYMENT OF FEES

(a) Notwithstanding Article 4(4) of the Agreement, licences shall be valid for

one year. They shall be renewable.

(b) The fee shall be EUR 25 per tonne caught in waters under Malagasy
jurisdiction. Licences shall be issued on advance payment to the Malagasy
Treasury of an annual sum of EUR 2 500 per tuna seiner, EUR 1 500 per
surface longliner of more than 150 GRT and EUR 1 100 per surface
longliner of 150 GRT or less. These amounts correspond to the duty due
for annual catches of 100 tonnes, 60 tonnes and 44 tonnes, respectively, in
Madagascar's fishing zone.

3.

STATEMENT OF CATCH AND STATEMENT OF FEES

(a) Vessels authorised to fish in Madagascar's fishing zone under

the
Agreement shall notify their catch statistics to the Malagasy Fisheries
Monitoring Centre through the Delegation of the Commission of the
European Communities in Madagascar, in accordance with the following
procedure.

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 shall be sent
to the
competent authorities referred to above not later than 30 September each
year.

The forms must be filled in legibly and signed by the captain of the ship.
In addition, they must be completed by all vessels which have obtained a
licence, even if they have not fished.

(b)

In the event of failure to comply with these provisions, the Malagasy
authorities reserve the right to suspend the licence of the offending vessel
until the formalities have been completed. In such cases, the Delegation of
the Commission of the European Communities in Madagascar shall be
informed without delay.

11

(c) At

the end of each calendar year,

the Commission of the European
Communities shall draw up a final statement of the fees due in respect of
the fishing year, taking into account the advances and fees indicated at
2(b) above. This statement shall be drawn up using the catch statement
based on the declarations of catch completed by each shipowner. The
statement of catch must be confirmed by the scientific institutes competent
for verifying catch statistics such as the IRD (Office of Research and
Development),
Institute) or USTA
(Antsiranana Tuna Statistical Unit).

IEO (Spanish Oceanographical

The final statement of fees drawn up by the Commission of the European
Communities shall be forwarded to the Malagasy Fisheries Monitoring
Centre for confirmation. The Monitoring Centre shall have 30 days in
which to notify any reaction.

After that time, the statement of fees shall be forwarded to the shipowners.

In the event of a dispute, the Parties shall hold consultations to establish
the final statement, which shall then be notified to the shipowners.

Shipowners shall make any additional payments to the Malagasy fisheries
authorities within 30 days of notification of the final statement.

However, where the statement of fees is less than the advance referred to
at 2(b) above, the balance shall not be recoverable by the shipowner.

4.

COMMUNICATIONS

Captains shall notify the Malagasy Fisheries Monitoring Centre, at
least
24 hours in advance, by radio (dual frequency 8755 Tx 8231 Rx USB) or fax
(261 - 20 - 22 49014), of their intention to bring their vessel into or take it out of
Madagascar's fishing zone.

When notifying their intention to leave, they shall also notify the estimated
catches taken during the time their vessel has spent in Madagascar's fishing
zone.

Radio transmissions must be made during the working hours and days
applicable in Madagascar.

5.

OBSERVERS

At the request of the Ministry responsible for fisheries, tuna seiners and surface
longliners shall take an observer on board, who shall be treated as an officer.
The time spent on board by observers shall be fixed by the Ministry responsible
for fisheries, but, as a general rule, it should not exceed the time required to
in
carry out
Appendix 3.

their duties. The observers' specific activities are set out

The conditions governing his embarkation shall be determined by the Ministry
responsible for fisheries, represented by the Fisheries Monitoring Centre.

12

Shipowners or their agents shall inform the Fisheries Monitoring Centre at least
two days before their vessel arrives in a Malagasy port.

Shipowners shall, via their agents, make a payment of EUR 17 to the Malagasy
Government (Fisheries Monitoring Centre) for each day spent by an observer on
board a tuna seiner or surface longliner.

The cost of approaching the Malagasy port of embarkation shall be borne by the
Malagasy Government. The cost of taking the observer aboard and putting him
ashore outside Madagascar shall be borne by the shipowner.

Observers may be taken on board up to 30% of Community vessels operating in
Madagascar's fishing zone. The time spent by observers on board shall depend
on the length of the trip in Madagascar's fishing zone.

If the observer is not present at the time and place agreed and during the twelve
hours following the time agreed, the shipowner shall be automatically absolved
of his obligation to take the observer on board. If the vessel is delayed in getting
under way, the shipowner shall bear the subsistence costs of the observer until
the time of actual embarkation.

6.

EMPLOYMENT OF SEAMEN

At least 40 Malagasy seamen shall be employed by the fleet of tuna seiners and
surface longliners for the duration of the fishing season in Madagascar's fishing
zone. The wages of the seamen employed shall be agreed by the shipowners'
agents and the seamen concerned. The wages must cover social security.

The employment contracts for the seamen shall be concluded by the agents and
the seamen concerned.

If the fleet of tuna seiners and surface longliners is unable to employ 40 seamen,
the shipowners shall be obliged to pay compensation for the seamen not
employed of an amount to be set by the Joint Committee provided for in
Article 9 of the Agreement for the duration of the fishing season. That sum is to
be used to train Malagasy fishermen and shall be paid into an account whose
number shall be notified to the agents.

7.

FISHING ZONES

Community vessels shall have access to all waters under Madagascar's
jurisdiction outside the coastal zone of twelve nautical miles.

Should the Ministry responsible for fisheries decide to install experimental fish
concentration devices (FCDs),
inform the Commission of the
they shall
European Communities and the agents of the shipowners concerned, indicating
the geographical position of the devices.

From the 30th day after such notification, it shall be forbidden to approach
within 1.5 nautical miles of the FCDs. The dismantling of any FCD must be
immediately notified to the same parties.

13

8.

USE OF PORT FACILITIES

The authorities of Madagascar and the beneficiaries of the Agreement shall lay
down the conditions for using port facilities.

9.

INSPECTION AND MONITORING OF FISHING ACTIVITIES

Vessels holding a licence shall permit and assist any officials duly authorised by
the Republic of Madagascar responsible for inspecting and monitoring fishing
activities to board the ship and carry out their duties.

Community vessels fishing under to the Agreement shall be monitored by
satellite under conditions agreed by the Parties.

10.

TRANSHIPMENT

When fish are transshipped, freezer tuna seiners shall hand over the fish which
they do not intend to keep to a company or body nominated by the Malagasy
authorities in charge of fisheries.

11.

PROVISION OF SERVICES

Community vessel owners operating in the Malagasy fishing zone shall practise
positive discrimination in favour of Malagasy services (careening, handling,
fuel-oil bunkering, consignment, etc.).

12.

PROCEDURE IN CASE OF BOARDING

(a)

Transmission of information

The Malagasy Ministry responsible for fisheries shall inform the Delegation and
the flag State, within 48 hours, of the boarding of any fishing vessel flying the
the Fisheries
flag of a Member State of the Community fishing under
Agreement in Madagascar's fishing zone and shall transmit a brief report of the
circumstances and reasons leading to such boarding. The Delegation and the
flag State shall be kept informed of any proceedings initiated and penalties
imposed.

(b)

Settlement of boarding

In accordance with the law on fisheries and the relevant
infringements may be settled:

regulations,

–

–

either by composition, 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 composition is possible, in accordance with
Malagasy law.

14

(c)

The vessel shall be released and its crew authorised to leave the port:

–

–

either as soon as the obligations imposed by the composition
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.

15

Appendix 1

APPLICATION FORM FOR A FISHING LICENCE

New application or renewal: ....................................................................................

Name of vessel and flag:...........................................................................................

Period of validity: from ........................... to ...........................................................

Name of shipowner: ................................................................................................

Address of shipowner: .............................................................................................

Name and address of charterer (if different from 4 and 5): ........................................

Name and address of official representative in Madagascar: ....................................
.................................................................................................................................

Name of the captain of the vessel:.............................................................................

Type of vessel: ........................................................................................................

Registration number: ...............................................................................................

Vessel's external identification:.................................................................................

Port and country of registration: ..............................................................................

Overall length and breadth of vessel: .......................................................................

Gross and net tonnage : ...........................................................................................

Make and power of main engine: .............................................................................

Freezer capacity (t/d): ..............................................................................................

Hold capacity (m³): ..................................................................................................

Radio call sign and frequency: .................................................................................

Other communications equipment (telex, fax): .........................................................

Fishing appliances: ..................................................................................................
.................................................................................................................................

Number of crew broken down by nationality: ..........................................................
.................................................................................................................................

Number of fishing licence (in the case of a renewal, attach licence): ........................
.................................................................................................................................

1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

11.

12.

13.

14.

15.

16.

17.

18.

19.

20.

21.

22.

16

I, the undersigned,................................................, certify that the above information is correct
and undertake to comply therewith.

………………………………………………

…………………………….

(Stamp and signature of shipowner)

(Date)

17

Longline

Live bait

Purse Seine

Trawling

Outros (Others)

Name of vessel:…………………………………………………………………… Gross

(GRT):
tonnage
………………………………………………….............................

Month Day

Year:

Port

Appendix 2

FORM FOR CATCH DECLARATIONS

Flag Country:
……………………………………………………………………...........................

Registration number:
………………………………………………………………...................................
Company of owner: …………………………………………………………

Address: ………………………………………………………………………….

………………………………………………….............................
Capacity - (MT): ……………………………………………..

Boat LEFT:

Captain: ………………………………………………………..

Boat RETURNED:

No of crew:
….…………………………………………………........................
Reporting date: ……………………………………………….

(Reported by):
……………………………………………….................................

Number of days at
sea:

No of fishing days:

No of sets made:

Capturas (Catches)

Trip Number:

Date:

Area

Month

Day

/

S
N
e
d
u
t
i
t
a
L

/

W
E
e
d
u
t
i
g
n
o
L

water
temp.
(ºC)

Fishing effort

Bluefin tuna

No of hooks
used

Thunnus
thynnus or
maccoyi

Yellowfin
tuna

Thunnus
Albacares

Bigeye Tuna)

(Albacore)

(Swordfish)

(Striped marlin)
(White marlin)

(Black marlin)

(Sailfish)

Skipjack

Thunnus
obesus

Thunnus
alalunga

Xiphias
gladius

Tetraptunus
audax ou albidus

Makaira
indica

Istiophorus albicane
ou platypterus

Katsuwonus
pelamis

(Miscellaneous
fishes)

Daily Total

(weight in kg
only)

No

Kg

No

kg

No

kg

No

kg

No

kg

No

kg

No

kg

No

kg

No

kg

No

kg

No

kg

LANDING WEIGHT (IN KG)
Remarks:
1 - Use one sheet per month, and one line per day.

3 - "Day" refers to the day you set the line.

5 - The bottom line - landing weight - should be completed only at the end of each trip.
Actual weight at the time of unloading should be recorded.

2 - At the end of each trip forward a copy of the log to your correspondent
or to ICCAT, General Mola 8, Madrid 28002, Spain.

4 - Fishing area refers to the position of the boat. 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.

18

Isco usado na pesca
(Bait used)

y
r
u
a
S

d
i
u
q
S

t
i
a
b
e
v
i
L

(Others)

Appendix 3

EMBARKATION OF OBSERVERS

Tuna vessels and surface longliners authorised to fish shall take on board an observer of
the Fisheries Monitoring Centre holding a professional identity card and a seaman's
licence. The time spent on board by observers shall be fixed by the Fisheries Monitoring
Centre, but, as a general rule, it should not exceed the time required to carry out their
duties.

While on board, observers shall:

1.

2.

3.

4.

5.

6.

7.

8.

observe the fishing activities of the vessels,

verify the position of vessels engaged in fishing operations,

perform biological sampling in the context of scientific programmes;

note the fishing gear used;

collect the catch data for the fishing zone during their time on board;

take all appropriate steps to ensure that the conditions under which they
are taken on board and their presence on board do not interrupt or hamper
fishing activities;

respect the material and equipment on board and the confidentiality of all
documents belonging to the vessel;

draw up a report on the trip and send it
to Madagascar's Fisheries
Monitoring Centre, with a copy to the Delegation of the Commission of
the European Communities.

To that end, the shipowners and captains of fishing vessels must:

1.

2.

3.

4.

5.

6.

allow observers to board the vessel to carry out their tasks and remain on
board the vessel during the period specified in the request;

provide a suitable working environment, including a desk with adequate
lighting;

supply the information they possess on fishing activities in Madagascar's
fishing zone;

give the vessel's position (longitude and latitude);

send or receive messages, or allow messages to be sent and received, using
the means of communication on board the vessel;

provide access to all parts of the vessel where fishing, processing and
storage take place;

19

7.

8.

9.

allow sampling;

provide suitable storage facilities for samples, without prejudice to the
vessel's storage capacity;

provide assistance in examining and measuring the fishing gear on board
the vessel;

10.

allow the observer to remove the samples and documents obtained during
their stay on board;

11. where the observer remains on board the vessel for more than four hours
at a time, provide food and accommodation on the same terms as the
vessels' officers.

20