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: 2005-04-27
Institutions: European Community, Madagascar
Subjects: Madagascar, agreement (EU), financial compensation of an agreement, fishing agreement, protocol to an agreement

13.4.2005

EN

Official Journal of the European Union

L 94/5

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

PROTOCOL

Article 1

Under Article 2 of the Agreement,

licences authorising
1.
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.

2.
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

1.
The financial contribution referred to in Article 7 of the
Agreement shall be fixed at EUR 825 000 per year, comprising
EUR 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 EUR 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 EUR 196 385 following deduction
in
of the amount already paid under the preceding Protocol
respect of the period 1 January 2004 to 20 May 2004.

The financial contribution shall cover an annual catch of
2.
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 contri-
bution 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
to be specified by the

3.
opened with the Public Treasury,
Malagasy authorities.

Article 3

1.
responsible fisheries,
interest

In order to guarantee the development of sustainable,
in their mutual
the two parties shall
encourage a partnership aimed at promoting in

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

fisheries

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

(a) EUR 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,
form of
associated with international
assistance with expenses
meetings
as
to improve
management of fisheries resources.

contribution may take

such knowledge,

as well

this

the

(b) EUR 267 000 towards a system of

fisheries monitoring,

inspection and surveillance.

(c) EUR 60 000 for the financing of study grants and training

courses and for the training of seamen.

(d) EUR 68 000 for assistance with the development of tradi-

tional fisheries.

(e) EUR 20 000 towards the management of observers.

3.
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
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 autho-
rities. The annual programme must reach the 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 Commission reserves the right
responsible for fisheries for any additional
may be considered necessary.

to request

the Ministry
information which

L 94/6

EN

Official Journal of the European Union

13.4.2005

The amounts referred to at (c) shall be disbursed to the
4.
Ministry responsible for fisheries and paid, as the funds are
used, into the bank accounts indicated by it.

gascar's fishing zone, payment of the financial contribution may
be suspended by the European Community following prior
consultations between the two parties.

The

relevant Malagasy

shall
authorities
report on the use of

the
send
5.
Commission an annual
the funds
allocated to the measures provided for in paragraph 2, and
on the implementation of
those measures and the results
achieved, not later than 31 March of the following year. The
Commission reserves
the Ministry
right
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,
review the payments
concerned.

the Commission may

to request

the

Article 4

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

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

Article 5

This Protocol shall enter into force on the date of its signing.

serious

If
exception of natural
phenomena, prevent the exercise of fishing activities in Mada-

circumstances, with the

It shall apply from 1 January 2004.

13.4.2005

EN

Official Journal of the European Union

L 94/7

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 Community vessels to fish in Malagasy waters shall
be as follows:

(a) Through its representative in Madagascar, the Commission shall present simultaneously to the Malagasy autho-

rities:

— 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 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 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 Commission representative in Madagascar.

(d) Licences shall be kept on board at all times; however, on receipt of the advance payment notification sent by the
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.

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

(f) Before the Protocol enters into force, the Malagasy authorities shall send the Commission Delegation in Mada-

gascar full details of the bank accounts to be used for the payment of fees and advances.

L 94/8

EN

Official Journal of the European Union

13.4.2005

2. VALIDITY OF LICENCES AND PAYMENT OF FEES

(a) 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.

(b) The fee shall be EUR 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 EUR 2 800 per tuna seiner, EUR 1 750
per surface longliner of more than 150 GRT and EUR 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: EUR 1 720,

— for surface longliners of more than 150 GRT: EUR 1 091,

— for surface longliners of 150 GRT or less: EUR 735.

3. CATCH DECLARATION AND STATEMENT OF FEES

(a) Vessels authorised to fish in Madagascar's fishing zone under this Agreement shall send information about their
in
catches to Madagascar's Fisheries Surveillance Centre through the Commission Delegation in Madagascar,
accordance with the following procedure:

Tuna seiners and surface longliners shall complete a fishing form corresponding to the specimen given in
Appendix 2 for each period spent
to the
relevant authorities referred to above no later than 31 March of the year following the year for which the
licences were valid.

fishing in Madagascar's fishing zone. The forms shall be sent

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.

(b) The statement of the fees due for the past calendar year shall be drawn up by the 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, 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 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.

13.4.2005

EN

Official Journal of the European Union

L 94/9

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 8 755 Tx 8 231 Rx USB), by fax (261) 202 24 90 14 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 EUR 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.

L 94/10

EN

Official Journal of the European Union

13.4.2005

6. SIGNING-ON OF SEAMEN

(a) 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 seamen not employed; the amount of
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 Commission Delegation in Madagascar.

(b) The ILO Declaration on Fundamental Principles and Rights at Work shall apply as of right to seamen signed on
by Community 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
including life assurance and sickness and accident insurance. The wage conditions
cover applicable to them,
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 Community seamen.

7. FISHING ZONES

Community vessels shall have access to all waters under Madagascar's jurisdiction beyond 12 nautical miles from the
coastline.

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

From the 30th 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.

13.4.2005

EN

Official Journal of the European Union

L 94/11

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. 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.

2. 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 %.

4. When a vessel which is fishing under the Agreement and is the subject of satellite-based monitoring pursuant to
Community legislation enters a fishing zone of the Republic of Madagascar, the subsequent position reports shall
immediately be transmitted by the control centre of the flag State to 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.

5. 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.

6. Where the continuous satellite-monitoring equipment installed on board a fishing vessel develops a technical
fault or breaks down, the skipper of the vessel shall transmit the information specified 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.

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

8.

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.

9. 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 Community fleet fishing under the
EC/Madagascar Fisheries Agreement. Such data may not under any circumstances be communicated to other
parties.

L 94/12

EN

Official Journal of the European Union

13.4.2005

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

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

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

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

between the parties within the Joint Committee provided for in Article 9 of the Agreement.

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

Y

– 10,3

– 11,8

– 12,7

– 16,3

– 18,8

– 20,4

– 21,9

– 26,2

– 28,2

– 28,7

– 27,8

– 26

– 24,3

– 20,8

– 19,3

– 17,8

– 16,9

– 15,6

– 14,35

– 14,5

– 13,4

– 11,2

X

49°24′ 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

13.4.2005

EN

Official Journal of the European Union

L 94/13

Table II

Communication of VMS messages to Madagascar

Position report

Data element

Code

Mandatory/
optional

Remarks

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

End record

SR

AD

FR

FS

TM

RC

IR

XR

LA

LO

CO

SP

DA

TI

ER

M

M

M

O

M

M

O

O

M

M

M

M

M

M

M

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)

Vessel detail; number marked on side of vessel

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
(YYYYMMDD)

record of UTC position

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

System detail — indicates end of record

Character set: ISO 8859.1

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.

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.).

L 94/14

EN

Official Journal of the European Union

13.4.2005

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 Commission shall be informed in writing within 48 hours at the latest of any penalty imposed on any
Community vessel, and of all the relevant facts concerning the case.

13. BOARDING OF VESSELS

1. Transmission of information

The Malagasy Ministry responsible for fisheries shall inform the 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 Commission Delegation and the flag State shall also be kept informed of any proceedings initiated
and penalties imposed.

2. Settlement of boarding

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

(a) 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;

(b) or by legal proceedings, if no compromise settlement was possible, in accordance with Malagasy law.

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

(a) either as soon as the obligations imposed by the compromise procedure have been completed on presentation

of the receipt for the settlement, or

(b) 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.

13.4.2005

EN

Official Journal of the European Union

L 94/15

Appendix 1

L 94/16

EN

Official Journal of the European Union

13.4.2005

2

x
i
d
n
e
p
p
A

13.4.2005

EN

Official Journal of the European Union

L 94/17

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

2. verify the position of vessels engaged in fishing operations;

3. perform biological sampling in the context of scientific programmes;

4. note the fishing gear used;

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

6. 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;

7. respect the material and equipment on board and the confidentiality of any document belonging to the said vessel;

8. 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. allow observers to board the vessel to carry out their tasks and remain on board the vessel during the period

specified in the request;

2. provide a suitable working environment, including a table with adequate lighting;

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

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

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

the vessel;

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

7. allow samples to be taken;

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

9. 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.

L 94/18

EN

Official Journal of the European Union

13.4.2005

Appendix 4

ZONE DE PÊCHE DE MADAGASCAR

Zone de pêche de Madagascar:
— À l'ouest: Calage de la zone de pêche de Madagascar sur la zone de pêche française.
— Au sud et au sud-est: Calage sur la ligne des 200 milles calculée à partir du trait de côte.
— Au nord et à l'est: Calage sur la zone de pêche calculée par la méthode des équidistances.
— Simplification de la délimination à partir de points de référence.