Proposal for a Council Regulation on the conclusion of the Protocol defining for the period 1 January 2004 to 31 December 2006 the tuna fishing opportunities and the financial contribution provided for in the Agreement between the European Economic Community and the Democratic Republic of Madagascar on fishing off Madagascar {SEC(2004)370}
Date: 2004-03-31
Institutions: European Commission
Subjects: Madagascar, agreement (EU), deep-sea fishing, financial equalisation, fishing rights

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 31.03.2004 
COM(2004)218 final 

2004/0070(CNS) 

. 

Proposal for a 

COUNCIL REGULATION 

on the conclusion of the Protocol defining for the period 1 January 2004 to 
31 December 2006 the tuna fishing opportunities and the financial contribution 
provided for in the Agreement between the European Economic Community and 
the Democratic Republic of Madagascar on fishing off Madagascar 

{SEC(2004)370} 

. 

(presented by the Commission) 

EN 

   EN 

 
 
 
EXPLANATORY MEMORANDUM 

The  Protocol  to  the  Fisheries  Agreement  between  the  EC  and  the  Democratic  Republic 
of Madagascar expires on 21 May 2004. A new Protocol defining the technical and financial 
conditions  governing  the  fishing  activities  of  EC  vessels  in  the  waters  of  Madagascar 
during  the  period  1  January  2004  to  31  December  2006  was  initialled  by  both  parties  on 
8 September 2003. 

The new Protocol grants fishing opportunities for 40 tuna seiners and 40 surface longliners. 

The  financial  contribution  is  fixed  at  €825  000  per  year,  covering  an  annual  catch  of 
11 000 tonnes of tuna in Malagasy waters. A large portion of this amount (€505 000 per year) 
is  earmarked  for  targeted  measures,  such  as scientific  and  training  programmes,  support  for 
an  inspection  and  surveillance  system,  assistance  with  the  development  of  traditional 
fisheries, etc. 

While  it  is  in  keeping  with  the  tuna  agreements  concluded  by  the  Community  with  certain 
Indian Ocean countries, this new Protocol reinforces the concept of responsible, sustainable 
fisheries  and  makes  it  possible  to  promote  a  partnership  focussing  on  compliance  with  the 
laws and regulations in force under Madagascar's fisheries policy. New provisions have been 
introduced  to  this  end:  (i)  the  exclusivity  clause,  which  prohibits  the  existence  of  private 
licences  or  other  private  arrangements  outside  the  scope  of  the  Agreement,  (ii)  a  detailed 
programme for the targeted measures, including a schedule and the objectives to be achieved, 
(iii)  VMS  requirements  to  reinforce  checks  on  vessels  operating  in  Malagasy  waters, 
including  the  transmission  of  hourly  reports  giving  their  course  and  speed,  (iv)  the  social 
clause  applicable  to  local  seamen  signed  on  by  Community  vessels,  (v)  a  section  on  the 
penalties imposed for infringements of the Protocol and the Annex thereto, and (vi) a section 
on safeguarding the marine environment and protected species. 

On  this  basis,  the  Commission  proposes  that  the  Council  adopt  by  Regulation  the  Protocol 
defining for the period 1 January 2004 to 31 December 2006 the fishing opportunities and the 
related technical and financial conditions agreed between the EC and Madagascar. 

A proposal for a Council Decision on the provisional application of the new Protocol pending 
its definitive entry into force is the subject of a separate procedure. 

2 

 
 
  
 
2004/0070(CNS) 

Proposal for a 

COUNCIL REGULATION 

on the conclusion of the Protocol defining for the period 1 January 2004 to 
31 December 2006 the tuna fishing opportunities and the financial contribution 
provided for in the Agreement between the European Economic Community and 
the Democratic Republic of Madagascar on fishing off Madagascar 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing 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 Parliament1, 

Whereas: 

(1) 

(2) 

Under  the  Agreement  between  the  European  Economic  Community  and  the 
Democratic  Republic  of  Madagascar  on  fishing  off  Madagascar2,  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 thereto. 

As  a  result  of  those  negotiations,  a  new  Protocol  defining  for  the  period  1  January 
2004  to  31  December  2006  the  fishing  opportunities  and  the  financial  contribution 
provided for in that Agreement was initialled on 8 September 2003. 

(3) 

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

(4) 

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, 

HAS ADOPTED THIS REGULATION: 

1 
2 

OJ C […], […], p. […]. 
OJ L 73, 18.3.1986, p. 26. 

3 

 
 
  
 
                                                 
Article 1 

The  Protocol  defining  for  the  period  1  January  2004  to  31  December  2006  the  tuna  fishing 
opportunities  and  the  financial  contribution  provided  for  in  the  Agreement  between  the 
European Economic Community and the Democratic Republic of Madagascar on fishing off 
Madagascar is hereby approved on behalf of the Community. 

The text of the Protocol is attached to this Regulation. 

The fishing opportunities provided for in the Protocol shall be allocated among the Member 
States as follows: 

Article 2 

(a) 

tuna seiners: 

Spain: 

22 vessels 

France: 

16 vessels 

Italy: 

2 vessels 

(b) 

surface longliners: 

Spain: 

24 vessels 

France: 

10 vessels 

Portugal: 

6 vessels 

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

Article 3 

Member States whose vessels fish 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. 

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

Article 4 

3 

OJ L 73, 15.3.2001, p. 8. 

4 

 
 
  
 
                                                 
This Regulation shall enter into force on the third day following that of its publication in the 
Official Journal of the European Union. 

Article 5 

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

Done at Brussels, 

For the Council 
The President 

5 

 
 
  
 
 
 
PROTOCOL 

defining for the period 1 January 2004 to 31 December 2006 the tuna fishing 
opportunities and the financial contribution provided for in the Agreement between the 
European Economic Community and the Democratic Republic of Madagascar on 
fishing off Madagascar 

1. 

2. 

1. 

2. 

3. 

1. 

Article 1 

Under  Article  2  of  the  Agreement,  licences  authorising  fishing  in  the  Malagasy 
fishing zone shall be granted to 40 freezer tuna seiners and 40 surface longliners for a 
period of three years beginning on 1 January 2004. 

In addition, at the request of the Community, certain permits may be granted to other 
categories  of  fishing  vessel  under  conditions  to  be  defined  within  the  Joint 
Committee referred to in Article 9 of the Agreement. 

Vessels flying the flag of a Member State of the European Community may fish for 
tuna in Madagascar's fishing zone only if they are in possession of a fishing licence 
issued  under  this  Protocol  in  accordance  with  the  arrangements  described  in  the 
Annex. 

Article 2 

The financial contribution referred to in Article 7 of the Agreement shall be fixed at 
€825 000  per  year  (comprising  €320 000  in  financial  compensation,  to  be  paid  not 
later than 30 September for the first year and 30 April for the second and third years, 
and €505 000 for the measures referred to in Article 3 of this Protocol). 

However, the financial compensation to be paid for the first year of application of the 
Protocol  (1  January  2004  to  31  December  2004)  shall  be  €196 385  following 
deduction of the amount already paid under the preceding Protocol in respect of the 
period 1 January 2004 to 20 May 2004. 

The  financial  contribution  shall  cover  an  annual  catch  of  11 000  tonnes  of  tuna  in 
Malagasy waters; if the tuna caught by Community vessels in the Malagasy fishing 
zone  exceeds  this  weight,  the  amount  referred  to  above  shall  be  proportionately 
increased.  However,  the  total  amount  of  the  financial  contribution  paid  by  the 
Community shall not be more than twice the amount indicated in paragraph 1. 

The  financial  compensation  shall  be  paid  into  an  account  opened  with  the  Public 
Treasury, to be specified by the Malagasy authorities. 

Article 3 

In order to guarantee the development of sustainable, responsible fisheries, the two 
parties shall  in their mutual  interest encourage a partnership aimed at promoting in 
particular:  enhanced  knowledge  of  fisheries  resources  and  biological  resources, 
fisheries inspection, development of non-industrial fishing, fishing communities and 
training. 

6 

 
 
  
 
2. 

From  the  financial  contribution  provided  for  in  Article  2(1),  the  measures  set  out 
below shall be funded to the tune of €505 000 per year, broken down as follows: 

a) 

b) 

c) 

€90 000  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  expenses  associated  with  international  meetings  to  improve 
such knowledge, as well as management of fisheries resources. 

€267 000 
surveillance. 

towards  a  system  of  fisheries  monitoring, 

inspection  and 

€60 000  for  the  financing  of  study  grants  and  training  courses  and  for  the 
training of seamen. 

d) 

€68 000 for assistance with the development of traditional fisheries. 

e) 

€20 000 towards the management of observers. 

The  amounts  referred  to  in  points  (a),  (b),  (d)  and  (e)  shall  be  paid  to  the  Ministry 
responsible for fisheries after a detailed annual programme, including a schedule and 
the  objectives  set  for  each  of  these  targeted  measures,  has  been  presented  to  the 
European Commission and no later than 30 September 2004 for the first year and 30 
April for the second and third years; they shall be paid into the bank accounts of the 
relevant  Malagasy  authorities.  The  annual  programme  must  reach  the  European 
Commission by 31 July 2004 for the first year and by 28 February for the following 
years. However, for the first year, the programme must cover only the period 21 May 
2004 to 31 December 2004. 

The European Commission reserves the right to request the Ministry responsible for 
fisheries for any additional information which may be considered necessary. 

The  amounts  referred  to  at  (c)  shall  be  disbursed  to  the  Ministry  responsible  for 
fisheries and paid, as the funds are used, into the bank accounts indicated by it. 

The  relevant  Malagasy  authorities  shall  send  the  European  Commission  an  annual 
report on the use of the funds allocated to the measures provided for in paragraph 2 
above,  and  on  the  implementation  of  those  measures  and  the  results  achieved,  not 
later  than  31  March  of  the  following  year.  The  European  Commission  reserves  the 
right to request the Ministry responsible for fisheries for any additional information. 
In the light of the actual implementation of those measures and after consulting the 
relevant  Malagasy  authorities  in  the  context  of  a  meeting  of  the  Joint  Committee 
provided for in Article 9 of the Agreement, the European Commission may review 
the payments concerned. 

3. 

4. 

5. 

Should the European Community fail to make the payments provided for in Articles 2 and 3, 
Madagascar may suspend the application of this Protocol. 

Article 4 

7 

 
 
  
 
Article 5 

If  serious  circumstances,  with  the  exception  of  natural  phenomena,  prevent  the  exercise  of 
fishing activities in Madagascar's fishing zone, payment of the financial contribution may be 
suspended  by  the  European  Community  following  prior  consultations  between  the  two 
parties. 

Payment of the financial contribution shall be resumed as soon as normality is restored and 
after  consultations  between  the  two  parties  confirm  that  the  situation  is  likely  to  permit  a 
return to fishing activities. 

The validity of the licences granted to Community vessels under Article 4 of the Agreement 
shall  be  extended  by  a  period  equal  to  the  period  during  which  fishing  activities  were 
suspended. 

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 of its signing. 

It shall apply from 1 January 2004.  

8 

 
 
  
 
ANNEX 

CONDITIONS GOVERNING TUNA-FISHING ACTIVITIES BY EUROPEAN 
COMMUNITY VESSELS IN THE MALAGASY FISHING ZONE 

1. 

LICENCE APPLICATION AND ISSUING FORMALITIES 

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

(a) 

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

–  a  licence  application  for  each  vessel,  completed  by  owners  wishing  to  fish 
under  this  Agreement,  no  later  than  1  December  preceding  the  year  of 
validity of the licence. 

By way of derogation from the above provision, vessel-owners who have not 
submitted  a  licence  application  prior  to  1  December  may  do  so  during  the 
calendar year under way no later than 30 days before the start of the fishing 
activities.  In  such  cases,  vessel  owners  shall  pay  the  entire  fees  due  for  the 
full year in accordance with point 2(b). 

–  an  annual  application  for  prior  authorisation  to  enter  Malagasy  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  chargeable  to  the  vessel-
owner. 

(b) 

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

However,  at  the  request  of  the  European  Commission  and  in  cases  of  force 
majeure, a vessel's licence shall be replaced by a new licence for another vessel 
whose features are similar to those of the vessel to be replaced. The owner of the 
vessel being replaced shall return the cancelled licence to the Malagasy Ministry 
responsible  for  sea  fisheries  via  the  European  Commission  Delegation  in 
Madagascar. 

The new licence shall indicate: 

–  the date of issue, 

–  the fact that it invalidates and replaces the licence of the previous vessel. 

No fee as laid down in Article 5 of the Agreement shall be due for the unexpired 
period of validity. 

(c) 

The  Malagasy  authorities  shall  send  the  licence  to  the  European  Commission 
representative in Madagascar. 

9 

 
 
  
 
 
 
(d) 

(e) 

(f) 

2. 

(a) 

(b) 

Licences shall be kept on board at all times; however, on receipt of the advance 
payment  notification  sent  by  the  European  Commission  to  the  Malagasy 
authorities, 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. 

Owners of tuna vessels shall be represented by an agent in Madagascar. 

Before  the  Protocol  enters  into  force,  the  Malagasy  authorities  shall  send  the 
European  Commission  Delegation  in  Madagascar  full  details  of  the  bank 
accounts to be used for the payment of fees and advances. 

VALIDITY OF LICENCES AND PAYMENT OF FEES 

Notwithstanding  Article  4(4)  of  the  Agreement,  licences  shall  be  valid  for  a 
period  of  one  calendar  year,  from  1  January  to  31  December.  They  shall  be 
renewable. However, for the first year of application of the Protocol (1 January 
2004  to  31  December  2004),  where  on  1  January  2004  a  vessel  has  a  licence 
issued under the preceding Protocol which is due to expire on 20 May 2004, that 
licence shall remain valid until that date.  

The  fee  shall  be  €25  per  tonne  caught  in  waters  under  Malagasy  jurisdiction. 
Licences  shall  be  issued  in  return  for  the  advance  payment  to  the  Malagasy 
Treasury  of  an  annual  sum  of  €2  800  per  tuna  seiner,  €1  750  per  surface 
longliner of more than 150 GRT and €1 200 per surface longliner of 150 GRT or 
less.  These  advances  correspond  to  the  duties  payable  in  respect  of  annual 
catches  of  112  tonnes,  70  tonnes  and  48  tonnes  respectively  in  the  Malagasy 
fishing zone.  

However, for the first year of application of the Protocol (1 January 2004 to 31 
December 2004), where on 1 January 2004 a vessel has a licence issued under 
the preceding Protocol which is due to expire on 20 May 2004, the advances for 
the unexpired period of that first year (21 May 2004 to 31 December 2004) shall 
be as follows: 

–  for tuna seiners: €1 720; 

–  for surface longliners of more than 150 GRT: €1 091; 

–  for surface longliners of 150 GRT or less: €735. 

10 

 
 
  
 
 
3. 

(a) 

(b) 

CATCH DECLARATION AND STATEMENT OF FEES 

Vessels  authorised  to  fish  in  Madagascar's  fishing  zone  under  this  Agreement 
to  Madagascar's  Fisheries 
shall  send 
in 
through 
Surveillance  Centre 
Madagascar, in accordance with the following procedure: 

the  European  Commission  Delegation 

information  about 

their  catches 

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  relevant  authorities 
referred  to  above  no  later  than  31  March  of  the  year  following  the  year  for 
which the licences were valid. 

Forms must be completed legibly and be signed by the skipper of the vessel. In 
addition, they must be completed by all vessels which have obtained a licence, 
even if they have not fished. 

The statement of the fees due for the past calendar year shall be drawn up by the 
European Commission by 30 June of the year following the year for which the 
licences were valid, after deducting the advances and fees indicated in point 2(b) 
above. This statement of fees shall be drawn up using the catch statement based 
on the catch declarations made by each vessel-owner. The catch statement must 
be  confirmed  by  the  scientific  institutes  responsible  for  checking  catch  data  in 
the  Member  States  of  the  European  Community,  such  as  the  Institut  de 
Recherche pour le Développement (IRD), the Institut Français de Recherche et 
d'Exploitation  de  la  Mer  (IFREMER),  the  Instituto  Español  de  Oceanografía 
(IEO),  the  Instituto  Português  de  Investigação  Marítima  (IPIMAR)  and  the 
relevant Malagasy institute, the Antsiranana Tuna Statistical Unit (USTA).  

The  statement  of  fees  drawn  up  by  the  European  Commission  shall  be 
forwarded to Madagascar's Fisheries Surveillance Centre for confirmation. The 
Surveillance Centre shall have 30 days to notify any reaction.  

After that time, the statement of fees shall be forwarded to the vessel-owners.  

In  the  event  of  a  dispute,  the  parties  shall  hold  consultations  within  the  Joint 
Committee  provided  for  in  Article  9  of  the  Agreement  to  establish  the  final 
statement of fees, which shall then be sent to the vessel-owners.  

Vessel-owners  shall  make  any  additional  payments  to  the  Malagasy  fisheries 
authorities within 30 days of notification of the final statement of fees.  

Where the statement of fees is lower than the advance referred to in 2(b) above, 
the resulting balance shall not be reimbursed to the vessel-owner. 

11 

 
 
  
 
4. 

COMMUNICATIONS 

Skippers shall notify Madagascar's Fisheries Surveillance Centre, at least three hours in 
advance, by radio (dual frequency 8755 Tx 8231 Rx USB), by fax (261 - 20 - 22 49014) 
or  by  e-mail  (csp-mprh@dts.mg)  with  confirmation,  of  their  intention  to  bring  their 
vessel into or take it out of Madagascar's fishing zone. 

When giving notification of their intention to enter the fishing zone, they shall also report 
the estimated quantities of catches on board, even when no catches have been made. 

Finally, when notifying their intention to leave, they shall report on the estimated catches 
taken during the time they spent in the Malagasy fishing zone. 

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

These requirements shall also apply to Community fishing vessels intending to unload at 
any Malagasy port. 

5. 

OBSERVERS 

At  the  request  of  the  Ministry  responsible  for  fisheries,  tuna  seiners  and  surface 
longliners shall take an observer on board, 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  carry  out  their  duties.  The 
observers' specific activities are set out in Appendix 3. 

The conditions governing their embarkation shall be defined by the Ministry responsible 
for fisheries, represented by Madagascar's Fisheries Surveillance Centre. 

Vessel-owners or their agents shall inform Madagascar's Fisheries Surveillance Centre at 
least  two  days  in  advance  of  their  vessel's  arrival  in  a  Malagasy  port  with  a  view  to 
taking the observer on board. 

Vessel-owners  shall,  via  their  agents,  make  a  payment  of  €20  to  the  Malagasy 
Government  (Madagascar's  Fisheries  Surveillance  Centre)  for  each  day  spent  by  each 
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  observers  on  board  and  putting  them  ashore 
outside  Madagascar  shall  be  borne  by  the  vessel-owners.  Observers  may  be  taken  on 
board up to 30% of the Community vessels operating in Madagascar's fishing zone. The 
time spent by observers on board shall depend on the length of the trip in that zone. If a 
Community  vessel  fails  to  go  to  a  Malagasy  port  to  take  an  observer  on  board, 
embarkation  shall  be  carried  out  using  a  patrol  vessel  of  Madagascar's  Fisheries 
Surveillance Centre.  

The spot where the observer is to be transferred and the associated approach costs shall 
be agreed with Madagascar's Fisheries Surveillance Centre, the costs being borne by the 
vessel-owner. 

12 

 
 
  
 
Transfer of the observer on to another vessel at sea shall be agreed between the skipper 
of the vessel and the Madagascar Fisheries Surveillance Centre. 

If  the  observer  is  not  present  at  the  time  and  place  agreed  and  during  the  12  hours 
following  the  time  agreed,  vessel-owners  shall  be  automatically  absolved  of  their 
obligation to take the observer on board. If the vessel is delayed in getting under way, the 
vessel-owner  shall  bear  the  observer's  board  and  lodging  costs  until  the  time  of  actual 
embarkation.  

6. 

(a) 

SIGNING-ON OF SEAMEN 

At  least  forty  Malagasy  seamen  shall  be  employed  by  the  fleet  of  tuna  seiners 
and  surface  longliners  for  the  duration  of  the  fishing  season  in  the  Malagasy 
fishing  zone.  The  wages  of  the  seamen  employed  shall  be  agreed  between  the 
vessel-owners' agents and the seamen concerned. The wages must cover social 
security benefits. 

The  employment  contracts  of  those  seamen  shall  be  concluded  between  the 
agents and the seamen concerned. 

A detailed list of the Malagasy seamen signed on  (with their names,  period of 
employment,  wages,  etc.)  shall  reach  the  Ministry  responsible  for  fisheries  no 
later than 31 January of the year following that for which the licence was valid. 

If the fleet of tuna seiners and surface longliners is unable to employ a total of 
forty seamen, vessel-owners who have not signed on seamen shall be obliged to 
the 
pay  compensation  for 
compensation, which shall be  payable for the duration of the fishing season in 
the Malagasy fishing zone, shall be set by the Joint Committee provided for in 
Article 9 of the Agreement. That sum shall be used to train Malagasy fishermen 
and shall be paid into an account whose number shall be notified to the agents, 
with a copy being sent to the European Commission Delegation in Madagascar. 

the  seamen  not  employed; 

the  amount  of 

(b) 

The 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  association  and  the  effective  recognition  of  the  right  to  collective 
bargaining, and the elimination of discrimination in respect of employment and 
occupation. 

Local  seamen's  employment  contracts,  a  copy  of  which  shall  be  given  to  the 
signatories, shall be drawn up between the vessel-owners' representative(s) and 
the seamen and/or their trade unions or their representatives in consultation with 
the responsible local authorities. These contracts shall guarantee the seamen the 
social  security  cover  applicable  to  them,  including  life  assurance  and  sickness 
and accident insurance. The wage conditions granted to local seamen/fishermen 
shall  not  be  lower  than  those  applied  to  Malagasy  crews  and  shall  under  no 
circumstances be below ILO standards. 

Where the employer is a local company, the employment contract shall specify 
the name of the vessel-owner and the name of the flag State. 

13 

 
 
  
 
Furthermore,  vessel-owners  shall  guarantee  local  seamen  who  are  recruited 
living and working conditions similar to those enjoyed by the EU seamen. 

7. 

FISHING ZONES 

Community  vessels  shall  have  access  to  all  waters  under  Madagascar's  jurisdiction 
beyond twelve nautical miles from the coastline. 

Should  the  Ministry  responsible  for  fisheries  decide  to  install  experimental  fish 
concentration  devices,  it  shall  inform  the  European  Commission  and  the  agents  of  the 
vessel-owners concerned, indicating the geographical position of the devices. 

From  the  thirtieth  day  after  such  notification,  it  shall  be  forbidden  to  go  within  1.5 
nautical  miles  of  those  devices.  The  dismantling  of  any  experimental  devices  must  be 
reported to the same parties immediately. 

8. 

INSPECTION AND SURVEILLANCE OF FISHING ACTIVITIES 

Vessels  holding  a  licence  shall  allow  on  board  any  officials  duly  authorised  by  the 
Republic of Madagascar to inspect and monitor fishing activities and shall assist them in 
the accomplishment of their duties. 

9. 

SATELLITE MONITORING 

Since  the  Republic  of  Madagascar  has  introduced  a  Vessel  Monitoring  System  (VMS) 
for  its  own  fleet  and  intends  to  extend  this  system  on  a  non-discriminatory  basis  to  all 
vessels fishing in its fisheries zone, and Community vessels have been subject to satellite 
monitoring wherever they operate under Community legislation since 1 January 2000, it 
is  recommended  that  the  national  authorities  of  the  flag  States  and  of  the  Republic  of 
Madagascar should monitor by satellite as follows vessels fishing under the Agreement: 

1) 

2) 

For  the  purposes  of  satellite  monitoring,  the  Malagasy  authorities  have 
communicated  to  the  Community  the  coordinates  (latitudes  and  longitudes)  of 
Madagascar's fishing zone (Table I). The map relating to the table of coordinates 
is attached in Appendix 4. 

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

The parties shall exchange information on X.25 addresses and the specifications 
for electronic communications between their Control Centres in accordance with 
the conditions laid down in points 4 and 6. Such information shall  include  the 
following  wherever  possible:  names,  telephone,  telex  and  fax  numbers,  and  e-
mail  addresses  (Internet  or  X.400)  which  may  be  used  for  general 
communications between Control Centres. 

3) 

The position of vessels shall be determined with a margin of error of less than 
500 metres and a confidence interval of 99%. 

14 

 
 
  
 
4) 

5) 

6) 

7) 

8) 

9) 

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 
Madagascar's  Fisheries  Surveillance  Centre  at  intervals  of  no  more  than  one 
hour  (longitude,  latitude,  course  and  speed).  The  messages  concerned  shall  be 
identified as Position Reports. 

The  messages  specified  in  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 Table II. 

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 in point 4 to the Control Centre of 
the flag State in good time. In such circumstances, a global Position Report shall 
be  sent  at  6.00,  12.00  and  18.00  (Madagascar  time)  while  the  vessel  is  in  the 
Malagasy  fishing  zone.  This  global  position  report  shall  include  the  position 
reports  as  registered  by  the  skipper  of  the  vessel  on  an  hourly  basis  in 
accordance with the requirements laid down in point 4.  

The  Control  Centre  of  the  flag  State  or  the  fishing  vessel  shall  send  these 
messages  immediately  to  the  Fisheries  Surveillance  Centre.  The  defective 
equipment  shall  be  repaired  or  replaced  as  soon  as  the  vessel  completes  its 
fishing trip or within one month at the latest. After this deadline, the vessel in 
question  may  not  undertake  any  further  fishing  trips  until  the  equipment  has 
been repaired or replaced. 

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  Fisheries 
Surveillance Centre shall be informed immediately and the procedure laid down 
in point 6 shall be applicable. 

If  the  Fisheries  Surveillance  Centre  establishes  that  the  flag  State  is  not 
transmitting  the  information  specified  in  point  4,  the  other  party  shall  be 
informed immediately. 

The surveillance data communicated to the other party in accordance with these 
provisions  is  intended  solely  for  the  purposes  of  the  Malagasy  authorities  in 
controlling  and  monitoring 
the 
EC/Madagascar  Fisheries  Agreement.  Such  data  may  not  under  any 
circumstances be communicated to other parties. 

the  Community 

fishing  under 

fleet 

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. 

15 

 
 
  
 
11) 

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  the  other  party  for  the  purposes  of  these 
provisions. 

Any  dispute  over  the  interpretation  or  application  of  these  provisions  shall  be 
the  subject  of  consultation  between  the  parties  within  the  Joint  Committee 
provided for in Article 9 of the Agreement. 

16 

 
 
  
 
Table I 

Coordinates (latitudes and longitudes) of the 
Madagascar fishing zone 

(see also map in Appendix 4) 

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 

X 

49°24’ E 

51°0’ E 

53°18’ E 

52°12’ E 

52°48’ E 

52°0’ E 

51°48’ E 

50°24’ E 

48°18’ E 

45°24’ E 

41°54’ E 

40°36’ E 

41°48’ E 

41°36’ E 

41°24’ E 

43°12’ E 

43°24’ E 

42°33’ E 

43°9’ E 

45°0’ E 

46°48’ E 

48°24’ E 

Y 

10°18’ S 

11°48’ S 

12°42’ S 

16°18’ S 

18°48’ S 

20°24’ S 

21°54’ S 

26°12’ S 

28°12’ S 

28°42’ S 

27°48’ S 

26°0’ S 

24°18’ S 

20°48’ S 

19°18’ S 

17°48’ S 

16°54’ S 

15°36’ S 

14°21’ S 

14°30’ S 

13°24’ S 

11°12’ S 

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 

17 

 
 
  
 
 
Table II 

COMMUNICATION OF VMS MESSAGES TO MADAGASCAR 

Data element 

Start record 

Recipient 

From 

Flag State 

Type of message 

Radio call sign 

Contracting party internal 
reference number 

External registration 
number 

Latitude 

Longitude 

Course 

Speed 

Date 

Time 

POSITION REPORT 

Code Mandatory/
Optional 

Remarks 

SR 

AD 

FR 

FS 

TM 

RC 

IR 

M 

M 

M 

O 

M 

M 

O 

System detail – indicates start of record 

Message detail - recipient. Alpha 3 ISO country code 

Message detail - recipient. Alpha 3 ISO country code 

Message detail - Message type "POS" 

Vessel detail - international radio call sign of vessel 

Unique  contracting  party  number  as  flag  State  ISO-3 
code followed by number) 

XR 

O 

Vessel detail - number marked on side of vessel 

LA 

LO 

CO 

SP 

DA 

TI 

M 

M 

M 

M 

M 

M 

Vessel position detail - position in degrees and minutes 
N/S DDMM (WGS-84) 

Vessel position detail - position in degrees and minutes 
E/W DDDMM (WGS-84) 

Vessel course 360° scale 

Vessel speed in tenths of knots 

Vessel position detail - date of record of UTC position 
(YYYYMMDD) 

Vessel position detail - time of record of UTC position 
(HHMM) 

End record 

ER 

M 

System detail - indicates end of record 

Character set: ISO8859.1 

Each data transmission is structured as follows: 

– 

– 

a double slash (//) and field code indicate the start of the message; 

a single slash (/) separates the field code and the data; 

Optional data elements have to be inserted between the start and end of the record. 

10. 

TRANSSHIPMENT 

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

18 

 
 
  
 
 
11. 

SUPPLY 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.). 

The  Madagascar  authorities  shall  define  the  terms  for  the  use  of  port facilities together 
with the beneficiaries of the Agreement. 

12. 

PENALTIES 

Any  breach  of  this  Protocol  or  of  Malagasy  fisheries  legislation  shall  be  penalised  in 
accordance with the Malagasy laws and regulations in force. 

The  European  Commission  shall  be  informed  in  writing  within  forty-eight  hours  at  the 
latest  of  any  penalty  imposed  on  any  Community  vessel,  and  of  all  the  relevant  facts 
concerning the case. 

13. 

(a) 

BOARDING OF VESSELS 

Transmission of information 

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

(b) 

Settlement of boarding 

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

–  either through a compromise procedure, in which case the amount of the fine 
shall  be  determined  in  accordance  with  Malagasy  legislation  laying  down 
minimum and maximum figures; 

–  or  by  legal  proceedings,  if  no  compromise  settlement  was  possible,  in 

accordance with Malagasy law. 

19 

 
 
  
 
(c) 

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

–  either as soon as the obligations imposed by the compromise procedure have 

been completed on presentation of the receipt for the settlement, or 

–  on  presentation  of  proof  that  a  bank  security  has  been  lodged,  pending 

completion of the legal proceedings. 

14. 

ENVIRONMENTAL PROTECTION 

In the interests of the environment, the two parties undertake to introduce the following 
measures: 

–  no vessel may spill oil or derivatives thereof into the Malagasy fishing zone, or throw 

plastic materials or household waste into that zone; 

–  responsible fisheries, rational management and the preservation of tuna stocks shall be 

promoted within the IOTC; 

–  protected and prohibited species, such as whales, dolphins, turtles and sea birds, may 

not be caught. 

The  European  Community  shall  be  entrusted  with  the  task  of  notifying  the  Ministry 
responsible for fisheries of any environmentally-unfriendly act committed by any vessel 
fishing in the Malagasy fishing zone. 

20 

 
 
  
 
Appendix 1 

APPLICATION FORM FOR A FISHING LICENCE 

1. 

2. 

3. 

4. 

5. 

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

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

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

Name of vessel-owner: ………………………………………….....…………………………… 

Address and fax no. of vessel-owner: ...........................................…………................................  

6. 
Name and address of charterer (if different from 4 and 5): ..........................................………… 
…………………………………………………………………………………………………………… 

Name and address of official representative in Madagascar: ...........................................……… 
7. 
…………………………………………………………………………………………………………… 

8. 

9. 

Name of skipper of vessel: ………...……………….........................................................…...... 

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

10. 

Registration number: …………………………………………………………………………… 

11. 

External identification of vessel: .................................................................................................. 

12. 

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

13. 

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

14. 

Gross and net tonnage of vessel: ………….…………………………………............................. 

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

16. 

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

17. 

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

18. 

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

19. 

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

20. 

Fishing gear: ……………………………………………….............…………………………… 

21. 

Crew numbers, broken down by nationality: ……………………………………………....…… 

22. 

Fishing licence No (in the event of a renewal, attach licence): …............……………………… 

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

………………………………………………  ……………………………. 

(Stamp and signature of vessel-owner) 

(Date) 

21 

 
 
  
 
Appendix 2 

FORM FOR CATCH DECLARATIONS

Vessel name:…………………………………………………………………… 

Gross  registered  tonnage:  ………………………………….......... 
………………………………………………….............................

Month Day

Year 

Port 

Flag State: 
……………………………………………………………………...........................

……………………………………………………………………...........................

Registration number 
………………………………………………………………...................................
Vessel-owner: ………………………………………………………… 

………………………………………………….............................
Capacity - (M.T.): …………………………………………….. 

Vessel DEPARTED: 

Skipper: ……………………………………………………….. 

Vessel 
RETURNED: 

Number of crew: 
….…………………………………………………........................

Address: ………………………………………………………………………….  Reporting date: ………………………………………………. 

….…………………………………………………........................

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

………………………………………………................................. Number  of  days  at 

sea: 

Number of fishing days: 

No of hauls: 

Fishing trip No: 

Longline 

Live bait 

Purse seine 

Trawl 

Outros (Others) 

Date 

Area 

Month  Day 

Surface 
water 
temp. 
(ºC) 

W
E

/

e
d
u
t
i
g
n
o
L

S
/
N
e
d
u
t
i
t
a
L

Fishing effort 

Bluefin tuna 

No of hooks 
used 

Thunnus 
Thynnus or 
maccoyi 
No  Weight 
(kg) 

Yellowfin 
tuna 

(Bigeye tuna) 

(Albacore) 

(Swordfish) 

(Striped marlin) 
(White marlin) 

(Black marlin)

(Sailfish) 

Skipjack 

Capturas (Catches) 

Daily total 

(Miscellaneous 
fish) 

Isco usado na pesca 
(Bait used) 

y
r
u
a
S

d
i
u
q
S

t
i
a
b
e
v
i
L

(Other) 

Thunnus 
albacares 
No 

kg  No 

Thunnus 
obesus 
kg 

Thunnus 
alalunga 
No  kg 

Xiphias 
gladius 
kg 

No 

Tetraptunus 
audax or albidus 
kg 
No 

Makaira 
indica 
kg 

No 

Istiophorus albicane 
or platypterus 
kg 
No 

Katsuwonus 
pelamis 
kg 

No 

No 

kg 

(weight in kg 
only) 
kg 

No 

QUANTITIES LANDED (IN KG) 
Notes 
1 - Use one sheet per month and one line per day. 

3 - "Day" means the day when the longline is set in place. 

2 - At the end of each trip, forward a copy of the log to your correspondent 
or to the ICCAT, Calle Corazón de María, 8, 28002 Madrid. Spain. 

4 - Fishing area refers to the position of the vessel. Round off minutes and record 
degree of latitude and longitude. Be sure to record N/S and E/W . 

5 - The last line (quantities landed) should be completed only at the end of the trip. The 
real weight at the time of landing must be indicated. 
6 - All information reported herein will be kept strictly confidential 

22

 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Appendix 3 

EMBARKATION OF OBSERVERS 

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

While on board, observers shall: 

1. 

2. 

3. 

4. 

5. 

6. 

7. 

8. 

observe, record and report on the fishing activities of vessels in the Malagasy 
fishing zone; 

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  any 
document belonging to the said vessel; 

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

To that end, the owners and skippers 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  table  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; 

7. 

allow samples to be taken; 

23 

 
 
  
 
8. 

9. 

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  observers  to  remove  the  samples  and  documents  obtained  during  their 

stay on board; 

11.  where observers remain on board the vessel for more than four hours at a time, 
provide them with food and accommodation on the same terms as the vessel's 
officers. 

24 

 
 
  
 
25 

 
 
  
 
 
 
APPENDIX 4: Malagasy fishing zone 

Scale: 1: 14 000 000 

12 nautical mile line 

French fishing zone 

24 nautical mile line 

Malagasy fishing zone calculated  

200 nautical mile line 

using the equidistance method 

Proposed Malagasy fishing zone 

Reference points 

Edition: September 2003 

kilometres 

MALAGASY FISHING ZONE: 

– 

– 

– 

– 

To the west: Madagascar fishing zone demarcated by French fishing zone 

To the south and south-east: demarcated by 200 nautical mile line calculated 
from the coastline 

To  the  north  and  east:  demarcation  of  the  fishing  zone  calculated  using  the 
equidistance method 

Simplified demarcation using reference points 

26 

 
 
  
 
 
 
LEGISLATIVE FINANCIAL STATEMENT 

Policy area(s): 11. Fisheries 

Activity (activities): 1103 International Fisheries Agreements 

TITLE OF ACTION 

NEW  PROTOCOL  DEFINING  THE  FISHING  OPPORTUNITIES  AND  THE  FINANCIAL 
CONTRIBUTION UNDER THE EC/MADAGASCAR FISHERIES AGREEMENT 

1. 

BUDGET LINE(S) + HEADING(S) 

110301 (ex B78000): "International fisheries agreements" 

11010404 (ex B78000A): "International fisheries agreements: expenditure on 
administrative management" 

OVERALL FIGURES 

Total allocation for action (Part B): min. €2 411 385 and max. €4 762 770 
in commitment appropriations and payment appropriations 

Period of application: 2004-06 

Overall multiannual estimate of expenditure: 

Schedule  of  commitment  appropriations/payment  appropriations  (financial 
intervention) (see point 6.1.1)  

2. 

2.1 

2.2 

2.3 

(a) 

Year 2004 

2005 
Min  Max1  Min  Max1  Min  Max1 
1 650 000 
701 385 

1 402 770 

1 650 000 

2006 

825 000

825 000

Commitments 

figures in € 

Total 

Min 

Max1 

2 351 385

4 702 770

Payments 

701 385 

1 402 770 

825 000

1 650 000 

825 000

1 650 000 

2 351 385

4 702 770

1If  annual  catches  exceed  the  reference  tonnage,  the  financial  contribution  will  be 
increased  proportionately,  at  a  rate  of  €75  per  tonne  caught.  However,  the  total 
amount of the financial contribution may not exceed €1 650 000. 

(b) Technical and administrative assistance and support expenditure (see point 6.1.2) 

Year 2004 

2005 

2006 

Total 

Commitments 

Payments 

40 000 

40 000 

– 

– 

20 000 

60 000 

20 000 

60 000 

27 

 
 
  
 
 
 
 
 
 
 
Subtotal a+b 

Year 2004 

2005 

Commitments 

Min  Max1  Min  Max1 
1 650 000 
741 385 

1 442 770 

825 000

2006 

Min 
845 000 

Max1 
1 670 000 

Total 

Min 

Max1 

2 411 385

4 762 770

Payments 

741 385 

1 442 770 

825 000

1 650 000 

845 000 

1 670 000 

2 411 385

4 762 770

1If  annual  catches  exceed  the  reference  tonnage,  the  financial  contribution  will  be 
increased  proportionately,  at  a  rate  of  €75  per  tonne  caught.  However,  the  total 
amount of the financial contribution may not exceed €1 650 000. 

(c) Overall financial impact of human resources and other administrative expenditure 
(cf. points 7.2 and 7.3) 

Commitments/ 
Payments 

TOTAL a+b+c 

Commitments 

2004 

2005 

2006 

Total 

35 660 

35 660 

35 660 

106 980 

Year 2004 

2005 

2006 

Total 

Min  Max1  Min  Max1 
1 685 660 
777 045 

1 478 430 

860 660

Min 
880 660 

Max1 
1 705 660 

Min 
2 518 365 

Max1 

4 869 750

Payments 

777 045 

1 478 430 

860 660

1 685 660 

880 660 

1 705 660 

2 518 365 

4 869 750

1If  annual  catches  exceed  the  reference  tonnage,  the  financial  contribution  will  be 
increased  proportionately,  at  a  rate  of  €75  per  tonne  caught.  However,  the  total 
amount of the financial contribution may not exceed €1 650 000. 

2.4 

Compatibility with financial programming and financial perspective 

X 

Proposal compatible with existing financial programming 

This proposal will entail reprogramming of the relevant heading in the 

(cid:133) 
financial perspective, 

including,  where  appropriate,  application  of  the  provisions  of  the 

(cid:133) 
Interinstitutional Agreement. 

2.5 

Financial impact on revenue 

No  financial 

X 
implementation of a measure) 

implications  (involves 

technical  aspects  regarding 

28 

 
 
  
 
 
 
 
 
 
 
 
 
 
3. 

BUDGET CHARACTERISTICS 

Type of expenditure 

New 

EFTA 
contribution 

Contributions 
from 
applicant 
countries 

Heading in 
financial 
perspective 

CE 

DA 

NO 

NO 

NO 

No 04 

4. 

LEGAL BASIS 

– 

– 

Article 37 of the Treaty, in conjunction with Article 300(2) and the first 
subparagraph of Article 300(3); 

EC/Madagascar  Fisheries  Agreement 
780/86/EC of 24 February 1986) 

(Council  Regulation  No 

5. 

DESCRIPTION AND GROUNDS 

5.1 

Need for Community intervention 

5.1.1  Objectives pursued 

The Protocol to the Fisheries Agreement between the European Community and the 
Democratic Republic of Madagascar currently in force will expire on 20 May 2004.  

The  purpose  of  this  renewal  is  to  enable  Community  vessel-owners  to  continue 
fishing (particularly for tuna) in Malagasy waters in accordance with the arrangements 
set  out  in  the  Protocol  which  was  initialled  by  the  Commission,  on  behalf  of  the 
Community,  and  the  Malagasy  delegation  at  the  end  of  the  negotiation  held  in 
Antananarivo from 4 to 8 September 2003. 

It should be noted that the new Protocol will enter into force on 1 January 2004 at the 
request of the Republic of Madagascar, which considered certain technical provisions 
to be out of date and requiring revision. 

While  it  is  in  keeping  with  the  tuna  agreements  concluded  by  the  Community  with 
certain  Indian  Ocean  countries,  this  new  Protocol  reinforces  the  concept  of 
responsible,  sustainable  fisheries  and  makes  it  possible  to  promote  a  partnership 
focussing  on  compliance  with  the  laws  and  regulations  in  force  under  Madagascar's 
fisheries policy.  

The general objective of the Fisheries Agreement between the EC and Madagascar is 
to  promote  transparent,  sustainable  management  of  fisheries  resources  in  order  to 
contribute effectively to the development of the national economy. 

29 

 
 
  
 
In a context in which national capacities for exploiting fisheries resources are limited, 
the  Fisheries  Agreement  is  of  benefit  to  both  the  Member  States’  fisheries  and  the 
Republic  of  Madagascar.  It  also  reinforces  the  Community  support  granted  to  this 
sector  from  other  additional  sources  of  financing  (Stabex  Fund).  The  Fisheries 
Agreement and the quality of the negotiations underlying it extend beyond the purely 
commercial  aspects  and  contribute  to  partnership  relations,  the  overall  objective  of 
which is to develop trade. 

The specific objectives of Community support to the fisheries sector (through Stabex 
instruments and good governance support) may be summed up as follows:  

– 

– 

– 

– 

support  for  developing  fishing  plans  based  on  the  scientific  evaluation  of 
stocks of targeted species; 

updating of legal texts relating to the development of the fishing effort and 
the operation of the fisheries monitoring centre; 

harmonisation of fisheries protocols and transparency in the issue of licences 
for  the  different  types  of  fisheries  on  the  basis  of  the  above-mentioned 
fisheries plans;  

Institutional  reorganisation  and  reinforcement  of  capacities  so  that  the 
granting  of  fishing  opportunities  and  the  carrying  out  of  inspection  and 
surveillance are independent of one another, and operations can continue as a 
result of income from fisheries. 

5.1.2  Measures taken in connection with ex-ante evaluation 

An evaluation of the proposal for the conclusion of a new Protocol, for the period 1 
January 2004 to 31 December 2006, to the Fisheries Agreement between the EC and 
Madagascar  has  been  carried  out  by  DG  FISH  on  the  basis  of,  in  particular, 
information  gathered  from  different  sources,  namely  that  supplied  by  DG  DEV,  the 
Commission  Delegation  in  Antananarivo  and  the  Indian  Ocean  Tuna  Commission 
(IOTC). 

A  summary  of  the  ex  ante  evaluation  is  attached  to  this  financial  statement.  Its 
conclusions may be summed up as follows: 

– 

– 

Although, in terms of the budget and catches, the Fisheries Agreement with 
Madagascar  is  relatively  modest,  it  is  of  essential  importance  to  private 
Community  operators  since  it  is  part  of  a  network  of  agreements  on  tuna 
fishing  in  the  Indian  Ocean  which  has  become  necessary  on  account  of  the 
highly migratory nature of tuna. The Community has accordingly concluded 
similar  agreements  with  the  Seychelles  (the  most  important  agreement, 
covering 45 000 tonnes of tuna), Mauritius and the Comoros. An equivalent 
agreement is to be concluded shortly with Tanzania and the Commission is 
planning to enter into negotiations with Kenya. 

This Agreement is also vital to the Malagasy economy since it constitutes an 
important  source  of  currency  and  creates  jobs  for  local  seamen  in  the 
processing and monitoring sectors. 

30 

 
 
  
 
– 

Fisheries  activities  in  Madagascar's  exclusive  economic  zone  are  to  some 
extent  unregulated,  which  explains  the  growth  of  illegal  fishing  by  Asian 
fleets  in  particular.  As  long  as  this  situation  persists,  the  Government  of 
Madagascar will continue to lose out on the foreign exchange earnings from 
such  activities  and  its  tuna  stocks  will  be  at  risk  from  overfishing.  It  is, 
therefore, both in the Government’s interest and its duty to monitor fisheries 
activities more effectively. The Fisheries Agreement could help combat this 
situation  by  financing  measures  aimed  at  checking  and  monitoring  foreign 
fleets. 

5.1.3  Measures taken following ex-post evaluation 

The  ex-post  evaluation  of  the  2001-2004  Protocol  shows  that  use  of  fishing 
opportunities  in  terms  of  licences  was  highly  satisfactory  for  both  tuna  seiners 
(approximately 83.5%) and surface longliners (approximately 75%), as illustrated by 
the table below. (Total fishing opportunities under the 1998-2001 Protocol covered 40 
tuna seiners and 40 surface longliners). 

Utilisation of the EC/Madagascar tuna Agreement 
(number of vessels) 

Tuna seiners 

Category 

Spain 
France 
Italy 
TOTAL 
Utilisation 
of 
opportunities 

fishing 

Fishing 
opportunities 
available 
18 
20 
2 
40 

Surface longliners 

Fishing 
opportunities 
available 
23 
10 
7 
40 

Category 

Spain 
France 
Portugal 
TOTAL 
Utilisation 
of 
opportunities 

fishing 

2001/02 

17 
15 
1 
33 

Utilisation 

2002/03 

18 
15 
1 
34 

82.5% 

85% 

2001/02 

22 
9 
4 
35 

Utilisation 

2002/03 

23 
2 
5 
30 

87.5% 

75% 

2003/04 

18 
14 
1 
33 

82.5% 

2003/04 

15 
3 
4 
22 

55% 

In  terms  of  catches,  the  rate  registered  by  the  Community  fleet  during  the  period 
1998-2000 was close to that calculated on the basis of the reference rate (83.5%). This 
indicates a highly satisfactory rate of use of the opportunities granted to Community 
operators (see table below).  

31 

 
 
  
 
 
 
 
 
 
 
 
 
 
Utilisation of the EC/Madagascar tuna Agreement 
(annual catches declared, in tonnes - seiners and surface longliners) 

Spain 
France 
Portugal 
Italy 
Total 
Reference tonnage 
Utilisation of 
reference tonnage 

1996 
2 615 
4 127 
0 
0 
6 742 
9 000 

1997 
3 337 
2 584 
0 
0 
5 921 
9 000 

1998 
6 400 
1 243 
0 
0 
7 643 
9 500 

1999 
5 556 
2 280 
0 
105 
7 941 
9 500 

2000 
4 079 
4 145 
0 
0 
8 224 
9 500 

2001 
3 632 
3 420 
151 
21 
7 224 
11 000 

74.9% 

65.8% 

80.4% 

83.5% 

86.6% 

65.6% 

2002 
1 004 
2 935 
0 
0 
3 939 
11 000 

35.8% 

The information supplied by scientific sources indicates that the fluctuation in terms 
of catches is due mainly to the migratory nature of tuna stocks.  

As regards the state of stocks, monitoring of migratory species in the Indian Ocean is 
carried  out  by  the  Indian  Ocean  Tuna  Commission  (IOTC).  The  IOTC  Scientific 
Committee  issues  opinions  on  the  basis  of  which  the  IOTC  adopts  resolutions 
applicable to all members. The EC and Madagascar are members of the IOTC and are 
accordingly bound by any resolution which it adopts. 

No  resolution  has  been  drawn  up  to  date  by  the  IOTC  on  specific  conservation 
measures for tuna or any other migratory species. The current state of stocks does not 
require TACs or quotas to be introduced in the region in question. 

Catches of the species fished most in the Indian Ocean in 2000 amounted to 393 000 
tonnes  for  skipjack,  304 000  tonnes  for  yellowfin  tuna  and  131 000  for  bigeye  tuna 
(828 000 in all) (source: Fifth session of the IOTC Scientific Committee held from 2 
to 6 December 2002 in the Seychelles). A reference tonnage of 11 000 tonnes in the 
Malagasy  exclusive  economic  zone  (as  provided  for  in  the  2001-2004  Protocol) 
cannot,  according  to  scientific  opinion,  have  an  adverse  effect  on  the  state  of 
resources  at  either  national  or  regional  level  given  that  the  Community  fleet's  catch 
rate  in  Madagascar’s  exclusive  economic  zone  represents  an  average  of  only  about 
4% of the fleet’s total catches in the Indian Ocean. 

Finally,  it  has  been  noted  that  there  is  a  need  to  make  provision  in  the  Protocol  for 
additional controls which would guarantee closer monitoring of the fisheries activities 
of Community and foreign vessels in the Malagasy fisheries zone.  

Elements which have been amended, remained unaltered or been inserted in the new 
Protocol following the ex-post evaluation are set out below. 

32 

 
 
  
 
 
- Classic elements 

Fishing opportunities, the reference tonnage, the financial contribution, advances and 
fees  paid  by  vessel-owners,  the  system  for  managing  licences  and  other  technical 
measures  are  all  part  of  the  protocols  which  the  Community  concludes  with  other 
third countries and are the outcome of negotiations with the partner country:  

– 

– 

– 

– 

Fishing  opportunities:  on  the  basis  of  the  information  available  and  the 
satisfactory  use  made  of  the  existing  Protocol,  the  new  Protocol  makes 
provision  for  the  same  fishing  opportunities  as  previously,  namely  40  tuna 
seiners and 40 surface longliners.  

Reference tonnage: also remains unaltered at 11 000 tonnes a year. Leaving 
the  reference  tonnage  unchanged  is  justified  since  a  feature  of  tuna  fishing 
which is directly related to the highly migratory nature of the species is the 
fact that the actual catches in a given zone can vary very significantly from 
one fishing season to the next. 

Financial  contribution:  the  annual  amount  of  the  financial  contribution  is 
fixed    at  €825 000,  comprising    €320 000  in    financial  compensation  and 
€505 000 for targeted measures (as in the previous Protocol). 

Advances and fees payable by vessel-owners: 

•  such  advances  and  fees  amount  to  €25  per  tonne  of  tuna  caught  in  the 
Malagasy  fishing  zone,  as  in  all  the  agreements  concluded  by  the 
Community in the region;  

•  advances have been increased in relation to the previous Protocol: €2 800 
(instead of €2 500) per year per tuna seiner, €1 750 (instead of €1 500) per 
year per surface longliner of over 150 GRT and €1 200 (instead of €1 100) 
per  year  per  surface  longliner  of  150  GRT  or  less.  These  advances 
correspond  to  the  duties  payable  in  respect  of  annual  catches  of  112 
tonnes,  70  tonnes  and  48  tonnes  respectively  in  the  Malagasy  fishing 
zone.  This  represents  an  increase  of  around  10%  after  3  years  (2001-
2004),  which  may  be  considered  moderate  and  is  the  outcome  of  a 
reasonable negotiation. 

- New elements 

New provisions have been introduced with responsible, sustainable fisheries in mind. 
These provisions are aimed in particular at checking and monitoring the Community 
fleet  more  closely,  and  would  entail  more  effective  controls  for  all  foreign  fleets 
operating in the Malagasy fisheries zone: 

(i) 

(ii) 

the  exclusivity  clause,  which  prohibits  the  existence  of  private  licences  or 
other private arrangements; 

a detailed programme for the targeted measures, including a schedule and the 
objectives to be achieved; 

33 

 
 
  
 
(iii) 

(iv) 

(v) 

additional  VMS  requirements  to  reinforce  checks  on  vessels  operating  in 
Malagasy  waters,  including  the  transmission  of  hourly  reports  giving  their 
course and speed; 

the  social  clause  applicable  to  local  seamen  signed  on  by  Community 
vessels; 

a section on the penalties imposed for infringements of the Protocol and the 
Annex thereto; and 

(vi) 

a section on safeguarding the marine environment and protected species. 

- Cost-benefit ratio for the Community 

The  main  costs  incurred  by  the  EC  are  the  financial  contribution  paid  by  the 
Community and the licence fees paid by Community vessel-owners to the Malagasy 
Government and the Ministry responsible for fisheries. 

The Agreement is advantageous to the Community in that the average level of catches 
far exceeds the cost of the Protocol. The new Protocol makes provision for the overall 
cost  (including  the  cost  to  the  EC  and  to  vessel-owners  using  licences)  to  be 
maintained at the same level as in the preceding Protocol, namely a unit cost of €100 
for  each  tonne  of  tuna  caught  (in  keeping  with  all  the  agreements  concluded  by  the 
Community in the Indian Ocean). 

The  Community’s  financial  contribution  will  be  calculated  as  a  fraction  of  this  cost 
(€75), multiplied by the reference tonnage (€75 x 11 000 tonnes = €825 000). Vessel-
owners’ fees will be based on the amount of actual catches, multiplied by a fraction of 
this  cost  (€25).  Thus,  if  Community  vessel-owners’  catches  in  Malagasy  waters  for 
2004  were  to  amount  to  11 000  tonnes  (assuming  that  100%  use  were  made  of  the 
reference  tonnage),  the  Commission  would  pay  €825 000  and  vessel-owners 
€275 000, i.e. a total of €1 100 000. 

Skipjack  prices  on  the  world  market  fell  substantially  in  1999,  reaching  US 
$400/tonne  in  Bangkok.  Prices  picked  up  again  at  the  beginning  of  2000:  US 
$750/tonne. 

The  price  of  yellowfin  was  US  $1 000/tonne  in  2002.  The  price  of  Indian  Ocean  or 
Atlantic yellowfin is higher than that of Pacific yellowfin. However, the price gap has 
diminished  in  recent  years  (source:  GLOBEFISH  Databank,  tuna  prices  –  exports  – 
imports – catches – consumptions, 2002). 

If, in the above example, the 11 000 tonnes of tuna had been sold, they would have 
fetched  a  price  of  €9 625 000  (based  on  an  average  price  of  €875  per  tonne). 
Consequently,  the  benefit  would  have  been  €8 525 000,  i.e.  7.75  times  the  amount 
paid to Madagascar by the Community and vessel-owners combined. 

34 

 
 
  
 
In  addition  to  the  direct  market  value  of  catches  for  the  vessels  concerned,  the 
Agreement entails other advantages for the Community and Madagascar: 

– 

– 

– 

creation of jobs for local and European seamen on Community vessels; 

the  multiplier  effect  on  employment  at  ports,  in  the  processing  of  fisheries 
products and in industry, etc. in the Community and in Madagascar; 

contribution  towards  the  supply  of  fish  in  the  Community  and  for  the 
population of Madagascar. 

In  addition,  the  guidelines  defined  by  the  Council  relating  to  the  negotiation  of 
fisheries agreements with the ACP countries specify the need to take account of the 
Community's  interest  in  maintaining  or  establishing  fisheries  relations  with  the 
countries concerned. 

- Targeted measures 

As regards the implementation of the targeted measures provided for in Article 3 of 
the 2001-2004 Protocol, an examination of the annual utilisation reports presented by 
the Malagasy authorities shows that the objectives of the targeted measures have been 
attained to a satisfactory extent.  

The results achieved so far may be summed up as follows: 

Scientific  programmes  (allocation  €240  000):  a  trip  aimed  at  studying  the  fisheries 
management  system  in  Australia  was  financed  from  this  programme.  An  initial 
instalment  of  €80 000  was  released  following  the  approval  of  the  programme 
proposed late in May 2003. The funds will be partly allocated to the Antsiranana Tuna 
Statistical Unit (USTA) in order to reinforce capacity for analysing statistics, with a 
budget of €30 000; they will also be partly allocated to the National Prawn Research 
Programme in order to finance further research: seminar on the development of prawn 
resources  in  2003,  trip  aimed  at  studying  the  prawn  management  system  in 
Mozambique  and  trip  aimed  at  studying  fisheries  management  in  Australia.  Staff 
allowances and certain research measures will be paid over and above FDHA (Fishing 
and  Fish  Farming  Development  Fund)  and  AFD 
(Agence  Française  de 
Développement) funding: social economy, biology and population dynamics (marking 
of prawns, marking of juveniles and monitoring of stocks). The estimated budget for 
the National Prawn Research Programme is €210 000. 

35 

 
 
  
 
Surveillance  (allocation  of  €801  000):  surveillance  is  the  largest  item  in  terms  of 
financial allocations and constitutes a political priority of the ministry responsible for 
fisheries. The Fisheries Surveillance Centre was set up in 1999 and, with the backing 
of permanent technical assistance, has substantially increased its capacity to intervene. 
A  budget  of  €256  000  is  allocated  in  the  support  programme  to  running  the  Centre, 
which  is  part-financed  by  Stabex  and  the  Fishing  and  Fish  Farming  Development 
Fund,  in  accordance  with  a  specific  protocol  signed  in  April  2002.  This  programme 
has been approved and payment of this amount is awaited. The amounts outstanding 
on  the  first  two  instalments  and  on  the  last  instalment  will  be  the  subject  of  a 
complementary  programme,  which  will  be  proposed  before  the  expiry  date  of  the 
Protocol. Patrols at sea are carried out by two vessels, which spent a total of 217 days 
at  sea  and  inspected  93  fishing  vessels  in  2002.  Other  missions  are  carried  out  by 
speedboats  (4  zodiacs)  attached  to  the  surveillance  vessels  and  by  flying  squads. 
Aerial  surveillance  also  enables  a  large  number  of  vessels  to  be  observed  (48 
observations in the course of 6 flights). Lastly, regional inspectors are responsible for 
checking  establishments,  landings  and  collection  permits.  The  satellite  monitoring 
system now covers all vessels operating in the fisheries sector (non-industrial fishing, 
and  support  and  collection  vessels)  in  the  waters  under  Malagasy  jurisdiction  in 
accordance with Decree 1613/2002 of 31 July 2002. Since February 2002 the Centre 
has had an Inmarsat-M4 terminal in order to reinforce its communication capacities, 
particularly  on  the  X25  network  used  by  the  European  fleet.  The  funding  provided 
under  the  Fisheries  Agreement  is  used  to  invest  in  communication  and  data-
processing equipment, to mobilise national or international technical or legal expertise 
and to train the Centre's staff and other persons working in the sector. The financial 
resources  provided  also  enable  the  Centre  to  participate  in  regional  cooperation 
missions. The size of the exclusive economic zone and the extent of the coastal area, 
however,  still  require  appreciable  funding  in  order  to  establish  a  minimum 
surveillance  system  which  could  be  run  at  a  tolerable  cost,  to  be  covered  by  the 
operation  of  the  industry.  The  Centre  is  still  in  an  investment  phase  (there  are  also 
plans to purchase a surveillance vessel) and is thus partially funded by the Fishing and 
Fish  Farming  Development  Fund  and  Stabex,  which  will  allocate  €510 000  and 
€957 000 respectively for the current financial year. 

Non-industrial fisheries (appropriation of €210 000): this is being implemented on the 
basis  of  two  priorities:  (1)  purchase  of  equipment  and  technical  facilities  (canoes, 
engines,  installation  of  a  cold  room,  etc);  (2)  the  creation  of  a  partnership  system 
between collection companies and traditional fishermen who are isolated and far from 
communication  lines,  to  ensure  that  fisheries  products  reach  the  markets.  The  funds 
have  been  used  to  purchase  a  cold  room  and  fishing  boats  and  to  operate  back-up 
services  for  Ministry  staff.  The  second  funding  instalment  of  €70 000  was  released 
following the proposal of a programme in December 2002. The authorities now wish 
to use these funds to promote the use of new fishing boats (particularly fibreglass craft 
to replace wooden canoes). 

36 

 
 
  
 
Training (appropriation of €300 000): a training plan was proposed in October 2002. 
Approval of this plan resulted in the payment of two initial instalments of €200 000. 
Training  modules  were  organised:  conducting  meetings,  fisheries  and  aquaculture 
terminology,  surveillance  and  statistics,  enhancing  the  value  of  and  marketing 
fisheries  and  aquaculture  products,  maritime  and  continental  fishing,  in  which  67 
people  participated.  Payment  of  the  last  instalment  is  scheduled  with  a  view  to 
providing training in marine and continental fishing, budgetary management, planning 
and inspection through the installation of instrument panels. 

5.2 

Action envisaged and budget intervention arrangements 

In view of the specific features of tuna fisheries, the Community pays a fixed amount 
in direct proportion to an expected catch weight (reference tonnage), calculated on the 
basis  of  the  average  catches  recorded  during  previous  years  and  adjusted  where 
necessary according to the number of vessels authorised to fish. If the expected catch 
weight is exceeded, an additional amount is paid by the Community. If the expected 
catch is not achieved, the non-member country keeps the amount initially paid. 

Under the new Protocol the EC will pay an annual financial contribution of €825 000 
(as under the previous Protocol). Of this amount, 60% (€505 000) will be earmarked 
for financing targeted measures aimed at supporting the Madagascar fisheries sector 
(financing of scientific programmes; support for a fisheries monitoring, inspection and 
surveillance  system;  financing  of  study  grants  and  training  courses;  assistance  for 
traditional fisheries; support for the management of observers). These amounts are to 
be  paid  to  the  Malagasy  authorities  following  the  presentation,  examination  and 
acceptance by the Commission of a detailed annual programme, including a schedule 
and  the  objectives  set  for  each  of  these  targeted  measures.  When  this  programme  is 
examined,  account  will  be  taken  in  particular  of  the  compatibility  of  the  various 
measures  with  activities  carried  out  at  regional  level,  such  as  the  tuna  tagging 
programme  (financed  by  the  EC  in  the  context  of  the  9th  EDF  Regional  Indicative 
Programme: approximately €14 million), under the responsibility of the Indian Ocean 
Tuna Commission. 

The above-mentioned amounts for targeted measures and the amount of the financial 
contribution  (€320  000  per  year)  are  to  be  paid  before  30  April  each  year  to  the 
Ministry responsible for fisheries via an account opened with the Public Treasury, to 
be specified by the Malagasy authorities. 

5.3 

Methods of implementation 

Implementation  of  the  Protocol  concerned  is  the  sole  responsibility  of  the 
Commission  and  will  be  undertaken  by  its  officials  both  in  Brussels  and  in  its 
Delegation in Madagascar. 

37 

 
 
  
 
6. 

FINANCIAL IMPACT 

6.1 

Total financial impact on Part B (over the entire programming period) 

6.1.1 

Financial intervention 

Breakdown 

Financial 
compensation 
Targeted 
measures 

Year 2004 

2005 
Min  Max1  Min  Max1  Min  Max1 
196 385 

2006 

897 770 

320 000

1 145 000 

320 000

1 145 000 

Commitments in € 
Total 

Min 
836 385 

Max1 
3 187 770

505 000 

505 000 

505 000

505 000 

505 000

505 000 

1 515 000 

1 515 000

TOTAL  701 385 

1 402 770 

825 000

1 650 000 

825 000

1 650 000 

2 351 385 

4 702 770

1If  annual  catches  exceed  the  reference  tonnage,  the  financial  contribution  will  be 
increased  proportionately,  at  a  rate  of  €75  per  tonne  caught.  However,  the  total 
amount of the financial contribution may not exceed €1 650 000. 

6.1.2.  Technical  and  administrative  assistance, 

support  expenditure  and 

IT expenditure 

Year 2004 

2005 

2006 

Total 

and 

(1) 
Technical 
administrative assistance: 
a) 
offices 

Technical 

assistance 

b) Other technical 
and administrative 
assistance: 
- intra-muros: 
- extra-muros: 

of  which  for  construction 
and 
of 
maintenance 
computerised  management 
systems: 

Subtotal 1 

(2) Support expenditure 
(a) Studies 
(b) Meeting of experts 

(c) Information and  
publications 

Subtotal 2 

40 000 

20 000 

60 000 

TOTAL  40 000 

20 000 

60 000 

38 

 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
6.2. 

Calculation  of  costs  by  measure  envisaged  in  Part  B  (over  the  entire 
programming period) 

Breakdown 

Type  
of outputs (projects, files, 
etc.) 

Number of outputs 
(total for years 
1…n) 

Average unit cost 

Total cost 
(total for years 
1…n) 

Commitments in € 

Action 1 

Fishing opportunities in 
exchange for financial 
compensation 

Reference tonnage: 
11 000 tonnes/year 
for 40 tuna seiners 
and 40 surface 
longliners 

Scientific programmes 
Inspection and surveillance 
Training 
Traditional fisheries 
Observers 

Action 2 
- Measure 1 
- Measure 2 
- Measure 3 
- Measure 4 
- Measure 5 

TOTAL 
COST 

Min: €320 000/year 
(€ 196 385 in 2004) 
Max: €1 145 000/year 
(€897 770 in 2004) 

Min: €836 385 
Max: €3 187 770 

€90 000/year 
€ 267 000 
€ 60 000 
€ 68 000 
€ 20 000 

€ 1 515 000 

Min: €2 351 385 
Max: €4 702 770 
(1) 

(1) Total minimum and maximum cost since the duration of the Protocol is three years 

7. 

IMPACT ON STAFF AND ADMINISTRATIVE EXPENDITURE 

7.1. 

Impact on human resources 

Types of post 

Staff to be assigned to management of the 
action using existing and/or additional 
resources 

Number of 
temporary 
posts 

Number of 
temporary 
posts 

Officials or 
temporary staff 

Other human 
resources 
Total 

A 
B 
C 

0 
1 
1 

2 

1 SNE + 1 AUX C 

2 

Total 
posts/ 
month 

0 
0.5 
0.5 
5 

6 

Description of tasks deriving 
from the action 

7.2 

Overall financial impact of human resources 

Type of human resources 

Amounts in € 

Method of calculation* 

Officials 
Temporary staff 

Other human resources 

(60 000/12*0.5)+ 
(47 000/12*0.5) 

(SNE)  €44  000/12*4  +  €52 
000/12*1 (AUX C) 

4 460 

19 000 

23 460 

(indicate budget line)

Total

The amounts are total expenditure for twelve months. 

39 

 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
7.3 

Other operating expenditure deriving from the action 

Budget line 
(number and heading) 

Overall allocation (Title A7) 
A0701 – Missions 
A07030 – Meetings 
A07031 - Compulsory committees(1) 
A07032 - Non-compulsory committees(1)  
A07040 – Conferences 
A0705 - Studies and consultations 
...Other expenditure (state which) 
Information systems (A-5001/A-4300) 

Other expenditure - Part A (state which) 

Amounts in € 

Method of calculation 

10 700 
1 500 
0 
0 
0 

Total

12 200 

The amounts are total expenditure in respect of the action for twelve months. 

(1) Specify the type of Committee and the group to which it belongs. 

I 
II. 
III. 

Annual total (7.2 + 7.3) 
Duration of action 
Total cost of action (I x II) 

€35 660 
3 years 
€106 980 

8. 

FOLLOW-UP AND EVALUATION 

8.1 

Follow-up system 

Regular monitoring already existed under the previous Protocols between the EC and 
Madagascar and is also provided for under the new Protocol. Utilisation of licences is 
closely monitored and information on catches is gathered regularly.  

The financial compensation (€320 000 per annum) is to be paid before 30 April each 
year into an account opened with the Public Treasury, to be specified by the Malagasy 
authorities.  The  State  of  Madagascar  is  solely  responsible  for  the  use  to  which  this 
compensation is put. 

The amounts allocated to financing targeted measures (€505 000) are to be paid to the 
Ministry responsible for fisheries in annual instalments on the basis of the breakdown 
given in Article 3(1) of the Protocol. These amounts are to be paid to the Malagasy 
the 
authorities  following 
Commission of a detailed annual programme, including a schedule and the objectives 
set for each of these targeted measures. 

the  presentation,  examination  and  acceptance  by 

The amounts earmarked for financing study grants and training courses are to be paid 
as the funds are used.  

A report on the use of the funds allocated to the targeted measures is to be presented 
to the Commission within three months of each anniversary date of the Protocol. The 
Commission is entitled to request additional information and to review the payments 
concerned in the light of the actual implementation of the projected measures. 

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The  new  requirement  that  the  Malagasy  authorities  are  to  submit  an  annual 
programme prior to implementing the targeted measures will enable the Commission 
to  monitor  those  measures  more  effectively  by  comparing  that  programme  with  the 
annual reports on the utilisation of the funds allocated. 

8.2 

Arrangements and schedule for evaluations 

Before the new Protocol expires, it will be the subject of an evaluation which will take 
account of the direct economic indicators (catches and catch values), indicators of the 
effects (number of jobs created and maintained, and relationship between the cost of 
the Protocol and the value of catches) and indicators of the impact on the ecosystem. 

9. 

ANTI-FRAUD MEASURES 

Since the financial contributions are paid by the Community in direct exchange for the 
fishing opportunities offered, the third country uses them for whatever end it chooses. 
However, it is required to report to the Commission, as provided for in the Protocol, 
on the use of certain funds. All the measures referred to in Article 3 of the Protocol 
are the subject of an annual report on their implementation and the results obtained. 
The  Commission  reserves  the  right  to  request  additional  information  on  the  results 
achieved  and  to  review  payments  in  the  light  of  the  actual  implementation  of  the 
measures. 

In  addition,  the  Member  States  whose  vessels  operate  under  this  Agreement  must 
certify to the Commission the accuracy of the data indicated in the tonnage certificates 
of the vessels so that the licence fees may be calculated on a guaranteed basis.  

The  Protocol  also  requires  Community  vessels  to  fill  out  catch  declarations  (which 
must  be  transmitted  to  the  Commission  and  the  Malagasy  authorities),  which  then 
serve  as  the  basis  for  drawing  up  the  final  annual  statement  of  catches  under  the 
Protocol and of fees. 

The technical arrangements under the new Protocol provide for greater rigour in the 
transmission of information on the satellite positioning and catches of vessels and the 
checking  of  that  information  by  a  satisfactory  number  of  observers  on  board  the 
vessels in the Community fleet. 

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