Council Regulation (EC) No 2562/2001 of 17 December 2001 on the conclusion of a Protocol setting out the fishing opportunities and financial contribution provided for in the Agreement between the European Economic Community and the government of the Democratic Republic of Madagascar on fishing off Madagascar for the period from 21 May 2001 to 20 May 2004
Date: 2001-12-17
Institutions: Council of the European Union
Subjects: Madagascar, financial compensation of an agreement, fishing agreement, fishing controls, fishing rights, satellite

28.12.2001

EN

Official Journal of the European Communities

L 344/21

COUNCIL REGULATION (EC) No 2562/2001

of 17 December 2001

on the conclusion of a Protocol setting out the fishing opportunities and financial contribution
provided for in the Agreement between the European Economic Community and the government
of 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 37 in conjunction with
Article 300(2) and the first subparagraph of Article 300(3)
thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament (1),

cratic 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 text of the Protocol

is attached to this Regulation (3).

The provisions concerning the vessel monitoring system (VMS)
are set out in the Annex to this Regulation.

Whereas:

Article 2

(1)

(2)

(3)

(4)

(5)

Under the Agreement between the European Economic
the Democratic
Community and the government of
Republic of Madagascar on fishing off Madagascar (2),
the two Parties 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 these negotiations, a new Protocol setting
out the fishing opportunities and financial contribution
provided for in the said Agreement for the period from
21 May 2001 to 20 May 2004 was initialled on 12
March 2001.

The Protocol stipulates that Community vessels fishing
under the Agreement will be monitored by satellite
under conditions agreed by the Parties. For that purpose,
on 17 May 2001, both Parties adopted provisions estab-
lishing the method of
sending data on satellite
monitoring of the position of Community vessels fishing
under the Agreement, which entered into force on 21
May 2001.

It is in the Community's interest to approve the said
Protocol.

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 said Agreement,

HAS ADOPTED THIS REGULATION:

Article 1

The fishing opportunities set out
allocated among the Member States as follows:

in the Protocol shall be

(a) tuna seiners:

(b) surface longliners:

Spain:

France:

Italy:

Spain:

France:

18 vessels

20 vessels

2 vessels

23 vessels

10 vessels

Portugal:

7 vessels.

If licence applications from these Member States do not cover
all the fishing opportunities fixed by the Protocol, the Commis-
sion 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 2001 laying down detailed
rules for the application of Council Regulation (EEC) No 2847/
93 on the monitoring of catches taken by Community fishing
vessels in third country waters and on the high seas (4).

Article 4

The Protocol setting out the fishing opportunities and financial
contribution provided for in the Agreement between the Euro-
pean Economic Community and the government of the Demo-

The President of the Council is hereby authorised to designate
the persons empowered to sign the Protocol in order to bind
the Community.

(1) Opinion delivered on 25 October 2001 (not yet published in the

Official Journal).

(2) OJ L 73, 18.3.1986, p. 26.

(3) For the text of the Protocol, see OJ L 296, 14.11.2001, p. 10.
(4) OJ L 73, 15.3.2001, p. 8.

L 344/22

EN

Official Journal of the European Communities

28.12.2001

This Regulation shall enter into force on the day of its publication in the Official Journal of the European
Communities.

Article 5

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 17 December 2001.

For the Council

The President

A. NEYTS-UYTTEBROECK

28.12.2001

EN

Official Journal of the European Communities

L 344/23

ANNEX

PROVISIONS SPECIFYING HOW DATA IN CONNECTION WITH THE SATELLITE-BASED POSITION
MONITORING OF COMMUNITY FISHING VESSELS OPERATING UNDER THE AGREEMENT BETWEEN THE
EUROPEAN ECONOMIC COMMUNITY AND THE GOVERNMENT OF THE DEMOCRATIC REPUBLIC OF
MADAGASCAR ON FISHING OFF MADAGASCAR IS TO BE TRANSMITTED

In view of the fact that the Republic of Madagascar has implemented a vessel monitoring system (VMS) applicable to its
national fleet and intends to extend this system on a non-discriminatory basis to all vessels operating in its fishing zone,
and that Community vessels have been subject to satellite monitoring wherever they operate since 1 January 2000 under
Community legislation,
it is recommended that the national authorities of the flag States and of the Republic of
Madagascar should monitor by satellite as follows vessels operating under the Agreement between the European
Economic Community and the Democratic Republic of Madagascar on fishing off Madagascar (hereinafter referred to as
the ‘Agreement’):

1. for the purposes of satellite-based monitoring, the Malagasy authorities have communicated to the Community the

coordinates (latitudes and longitudes) of Madagascar's fishing zone (attached in Appendix I).

The Malagasy authorities shall transmit this information in electronic form, expressed in decimal degrees, to the
WGS-84 datum system;

2. the parties shall exchange information on X.25 addresses and the specifications for electronic data transmission
between their control centres in accordance with points 4 and 6. Such information shall include the following where
they exist: names, telephone, telex and fax numbers, and e-mail addresses (Internet or X.400) which may be used for
general communications between control centres;

3. the position of vessels shall be determined with a margin of error of less than 500 metres and a confidence interval

of 99 %;

4. when a vessel which is fishing under the Agreement and is the subject of satellite-based monitoring pursuant to
Community legislation enters a fishing zone of the Republic of Madagascar, the subsequent position reports shall
immediately be transmitted by the control centre of the flag State to the Malagasy fisheries monitoring centre (FMC)
at intervals of no more than two hours. The messages concerned will be identified as position reports;

5. the messages specified at point 4 shall be transmitted electronically in X.25 format, without any further protocol.

They shall be communicated in real time in the format set out in Appendix II;

6. where the continuous satellite monitoring equipment installed on board a fishing vessel develops a technical fault or
breaks down, the skipper of the vessel shall transmit the information specified at 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 12 hours while the
vessel is in a fishing zone of the Republic of Madagascar. The control centre of the flag State or the fishing vessel
shall send these messages immediately to the FMC. The defective equipment shall be repaired or replaced as soon as
the vessel completes its fishing trip or within one month at the latest. After this deadline, the vessel in question may
not undertake any further fishing trips until the equipment has been repaired or replaced;

7. the control centres of the flag States shall monitor the movements of their vessels in Malagasy waters at two-hourly
intervals. If the vessels are not being monitored in accordance with the conditions laid down, the FMC shall be
informed immediately and the procedure laid down at point 6 shall be applicable;

8.

if the FMC establishes that the flag State is not transmitting the information specified at point 4, the other party shall
be informed immediately;

9. the monitoring data communicated to the other party in accordance with these provisions is intended solely for the
purposes of the Malagasy authorities in controlling and monitoring the Community fleet fishing under the Agree-
ment. Such data may not under any circumstances be communicated to other parties;

10. the parties agree to take all necessary steps to meet the message requirements laid down in points 4 and 6 as soon as

possible, and in no case later than six months after these provisions enter into force;

11. the parties agree to exchange upon request information on the equipment used for satellite monitoring, in order to
ensure that each piece of equipment is fully compatible with the requirements of the other party for the purposes of
these provisions;

12. any dispute over the interpretation or application of these provisions shall be the subject of consultation between the

parties within the Joint Committee referred to in Article 9 of the Agreement.

These provisions shall enter into force on 21 May 2001.

L 344/24

EN

Official Journal of the European Communities

28.12.2001

Appendix I

Coordinates (latitudes and longitudes) of the Madagascar fishing zone

Coordinates in decimal degrees

Coordinates in degrees and minutes

Ref

A

B

C

D

E

F

G

H

I

J

K

L

M

N

O

P

Q

R

S

T

U

V

X

49,40

51

53,3

52,2

52,8

52

51,8

50,4

48,3

45,4

41,9

40,6

41,8

41,6

41,4

43,2

43,4

42,55

43,15

45

46,8

48,4

Y

– 10,3

– 11,8

– 12,7

– 16,3

– 18,8

– 20,4

– 21,9

– 26,2

– 28,2

– 28,7

– 27,8

– 26

– 24,3

– 20,8

– 19,3

– 17,8

– 16,9

– 15,6

– 14,35

– 14,5

– 13,4

– 11,2

X

49° 24(cid:1)

51° 0(cid:1)

53° 18(cid:1)

52° 12(cid:1)

52° 48(cid:1)

52° 0(cid:1)

51° 48(cid:1)

50° 24(cid:1)

48° 18(cid:1)

45° 24(cid:1)

41° 54(cid:1)

40° 36(cid:1)

41° 48(cid:1)

41° 36(cid:1)

41° 24(cid:1)

43° 12(cid:1)

43° 24(cid:1)

42° 33(cid:1)

43° 9(cid:1)

45° 0(cid:1)

46° 48(cid:1)

48° 24(cid:1)

Y

– 10° 18(cid:1)

– 11° 48(cid:1)

– 12° 42(cid:1)

– 16° 18(cid:1)

– 18° 48(cid:1)

– 20° 24(cid:1)

– 21° 54(cid:1)

– 26° 12(cid:1)

– 28° 12(cid:1)

– 28° 42(cid:1)

– 27° 48(cid:1)

– 26° 0(cid:1)

– 24° 18(cid:1)

– 20° 48(cid:1)

– 19° 18(cid:1)

– 17° 48(cid:1)

– 16° 54(cid:1)

– 15° 36(cid:1)

– 14° 21(cid:1)

– 14° 30(cid:1)

– 13° 24(cid:1)

– 11° 12(cid:1)

28.12.2001

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Official Journal of the European Communities

L 344/25

Appendix II

Communication of VMS messages to Madagascar

Piece of data

POSITION REPORT

Code

Mandatory/
Optional

Start record

Address

From

Type of message

Radio call sign

Internal reference number

External registration number

Latitude

Longitude

Date

Time

End of record

Character set. ISO 8859,1

SR

AD

FS

TM

RC

IR

XR

LA

LO

DA

TI

ER

M

M

M

M

M

O

O

M

M

M

M

M

Comments

System detail;

indicates start of record

Message detail; destination Party Alfa-3 ISO
country code

Message detail; the transmitting Party Alfa-3
ISO country code

Message detail; message type,

‘POS’

Vessel detail; international radio call sign of
the vessel

Vessel detail; Unique Party vessel number as
Alfa-3 ISO flag country code followed by
number

Vessel detail; the side number of the vessel

in
Position detail; position of
degrees and minutes N/SDDMM (WG-84)

the vessel

Position detail; position of
in
degrees and minutes E/W DDDMM (Wgs-
84)

the vessel

Position detail; UTC date of position
(YYYYMMDD)

Position detail; UTC time of position
(HHMM)

System detail;

indicates end of record

A data transfer is structured in the following way:

— a double oblique bar (//) and a code mark the beginning of the transmission,
— a simple oblique bar (/) marks a separation between the code and the piece of data.

The optional data has to be inserted between the beginning and the end of the recording.