Proposal for a Council Decision on the conclusion of the Agreement in the form of an Exchange of Letters concerning the provisional application of the Protocol 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
Date: 2004-03-31
Institutions: European Commission
Subjects: Madagascar, agreement (EU), deep-sea fishing, financial equalisation, fishing rights

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 31.3.2004 
COM(2004) 217 final 

Proposal for a 

COUNCIL DECISION 

on the conclusion of the Agreement 
in the form of an Exchange of Letters concerning the provisional application 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 

(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  Decision  the  draft 
Agreement in the form of an Exchange of Letters on the provisional application of the new 
Protocol pending its definitive entry into force. 

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

2 

 
 
  
 
Proposal for a 

COUNCIL DECISION 

on the conclusion of the Agreement 
in the form of an Exchange of Letters concerning the provisional application of the 
Protocol 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) thereof, 

Having regard to the proposal from the Commission1, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

(6) 

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

As a result of those negotiations, a new Protocol was initialled on 8 September 2003. 

Under  this  Protocol,  Community  fishermen  enjoy  fishing  opportunities  in  the  waters 
falling  within  the  sovereignty  or  jurisdiction  of  the  Republic  of  Madagascar  for  the 
period from 1 January 2004 to 31 December 2006. 

In  order  to  guarantee  the  continuity  of  fishing  activities  by  Community  vessels,  it  is 
essential that the new Protocol be applied as soon as possible. For this reason, the two 
parties have initialled an Agreement in the form of an Exchange of Letters providing 
for the provisional application of the initialled Protocol as from 1 January 2004. 

The Agreement in the form of an Exchange of Letters should be approved, subject to 
the conclusion of the Protocol by the Council. 

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

1 
2 

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

3 

 
 
  
 
                                                 
HAS DECIDED AS FOLLOWS: 

Article 1 

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

The text of the Agreement in the form of an Exchange of Letters is attached to this Decision. 

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. 

3 

OJ L 73, 15.3.2001, p. 8. 

4 

 
 
  
 
                                                 
Article 4 

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

Done at Brussels, 

For the Council 
The President 

5 

 
 
  
 
 
 
Agreement 

in the form of an Exchange of Letters concerning the provisional application of the 
Protocol 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 

A. Letter from the Government of Madagascar 

Sir, 

tuna  fishing  opportunities  and 

With reference to the Protocol initialled on 8 September 2003 in Antananarivo defining 
the 
the  period 
1 January 2004  to  31 December 2006,  I  have  the  honour  to  inform  you  that  the 
Government  of  the  Republic  of  Madagascar  is  prepared  to  apply  this  Protocol  on  a 
provisional  basis  with  effect  from  1 January 2004,  pending  its  entry  into  force  in 
accordance with Article 7 of the said Protocol, provided the Community is prepared to 
do likewise. 

the  financial  contribution  for 

It  is  understood  that,  this  being  the  case,  the  financial  compensation  provided  for  in 
Article 2 of the Protocol is to be paid before 30 September 2004. 

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

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

For the Government of the Republic of Madagascar 

6 

 
 
  
 
 
 
B. Letter from the Community 

Sir, 

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

tuna  fishing  opportunities  and 

"With reference to the Protocol initialled on 8 September 2003 in Antananarivo defining 
the 
the  period 
1 January 2004  to  31 December 2006,  I  have  the  honour  to  inform  you  that  the 
Government  of  the  Republic  of  Madagascar  is  prepared  to  apply  this  Protocol  on  a 
provisional  basis  with  effect  from  1 January 2004,  pending  its  entry  into  force  in 
accordance with Article 7 of the said Protocol, provided the Community is prepared to 
do likewise. 

the  financial  contribution  for 

It  is  understood  that,  this  being  the  case,  the  financial  compensation  provided  for  in 
Article 2 of the Protocol is to be paid before 30 September 2004. 

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

I  have  the  honour  to  confirm  the  Community's  agreement  to  such  provisional 
application. 

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

On behalf of the Council of the European Union 

7 

 
 
  
 
 
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 
the  financial 
contribution  paid  by  the  Community  shall  not  be  more  than  twice  the  amount 
indicated in paragraph 1. 

increased.  However, 

total  amount  of 

the 

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 

8 

 
 
  
 
promoting  in  particular:  enhanced  knowledge  of  fisheries  resources  and 
biological resources, fisheries inspection, development of non-industrial fishing, 
fishing communities and training. 

2. 

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

(a) 

€90 000  for  Malagasy  scientific  programmes  to  improve  knowledge  of 
fisheries  resources  and  ensure  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. 

(b)  €267 000  towards  a  system  of  fisheries  monitoring,  inspection  and 

surveillance. 

(c) 

€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. 

9 

 
 
  
 
Article 4 

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

Article 5 

If serious circumstances, with the exception of natural phenomena, prevent the exercise 
of fishing activities in Madagascar's 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.  

10 

 
 
  
 
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 shall 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. 

11 

 
 
  
 
 
 
(d) 

(e) 

(f) 

2. 

(a) 

(b) 

3. 

(a) 

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. 

CATCH DECLARATION AND STATEMENT OF FEES 

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

the  European  Commission  Delegation 

information  about 

their  catches 

12 

 
 
  
 
 
(b) 

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. 

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. 

13 

 
 
  
 
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. 

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.  

14 

 
 
  
 
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 
pay  compensation  for 
the 
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. 

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. 

15 

 
 
  
 
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) 

(3) 

(4) 

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. 

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

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. 

16 

 
 
  
 
(5) 

(6) 

(7) 

(8) 

(9) 

(10) 

(11) 

(12) 

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 

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. 

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. 

17 

 
 
  
 
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 

18 

 
 
  
 
 
Table II 

COMMUNICATION OF VMS MESSAGES TO MADAGASCAR 

POSITION REPORT 

Code Mandatory/
Optional 

Remarks 

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 

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 - sender. Alpha 3 ISO country code 

Message detail - Message type "POS" 

Vessel detail - international radio call sign of vessel 

Vessel detail. 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. 

19 

 
 
  
 
 
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. 

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. 

(c) 

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

20 

 
 
  
 
–  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. 

21 

 
 
  
 
Appendix 1 

APPLICATION FORM FOR A FISHING LICENCE 

1. 

2. 

3. 

4. 

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

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

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

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

5. 
Address and fax no. of vessel-owner: ...........................................…………................................ 
…………………………………………………………………………………………………………… 

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

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

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. 

18. 

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

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): 

22 

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

……………………………………………… 

……………………………. 

(Stamp and signature of vessel-owner) 

(Date) 

23 

 
 
  
 
Appendix 2 

FORM FOR CATCH DECLARATIONS

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

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

Month Day 

Year 

Port 

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

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

Vessel DEPARTED: 

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

Skipper: ……………………………………………………….. 

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

Vessel 
RETURNED: 

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

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

Number of fishing days: 

Number  of  days  at 
sea: 

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 

Yellowfin 
tuna 

(Bigeye tuna) 

(Albacore) 

(Swordfish) 

(Striped marlin) 
(White marlin) 

(Black marlin)

(Sailfish) 

Skipjack 

Capturas (Catches) 

Thunnus 
Thynnus or 
maccoyi 

Thunnus 
albacares 

Thunnus 
obesus 

No  Weight 

No 

kg 

No 

kg 

(kg) 

Thunnus 
alalunga 
kg 

No 

Xiphias 
gladius 
kg 

No 

Tetraptunus 
audax or albidus 

No 

kg 

Makaira 
indica 
kg 

No 

Istiophorus albicane 
or platypterus 

No 

Kg 

No 

Katsuwonus 
pelamis 
kg 

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) 

(Miscellaneous 
fish) 

Daily total 

(weight in kg 
only) 

No 

kg 

No 

kg 

QUANTITIES LANDED (IN KG) 
Notes 

1 - Use one sheet per month and one line per day. 

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

5 - The last line (quantities landed) should be completed only at the end of the trip. The 
real weight at the time of landing must be indicated. 

2 - At the end of each trip, forward a copy of the log to your correspondent 
or to the ICCAT, Calle 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 . 

6 - All information reported herein will be kept strictly confidential 

24 

 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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; 

25 

 
 
  
 
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.

26 

 
 
  
 
27 

 
 
  
 
 
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 

28