Proposal for a Council Decision on the conclusion of the Agreement in the form of an exchange of letters concerning the provisional application of the Protocol setting out the fishing opportunities and financial contribution provided for in the Agreement between the European Economic Community and the Islamic Federal Republic of the Comoros on fishing off the Comoros for the period from 1 January 2005 to 31 December 2010
Date: 2005-05-12
Institutions: European Commission
Subjects: Comoros, financial compensation of an agreement, fishery management, fishing agreement, fishing area, fishing rights, ratification of an agreement

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 12.05.2005 
COM(2005) 186 final 

Proposal for a 

COUNCIL DECISION 

on the conclusion of the Agreement 
in the form of an exchange of letters concerning the provisional application of the 
Protocol setting out the fishing opportunities and financial contribution provided for in 
the Agreement between the European Economic Community and the Islamic Federal 
Republic of the Comoros on fishing off the Comoros for the period from 1 January 2005 
to 31 December 2010 

(presented by the Commission) 

EN 

   EN 

 
 
 
EXPLANATORY MEMORANDUM 

The  Protocol  to  the  Fisheries  Agreement  between  the  European  Economic  Community  and 
the Islamic Federal Republic of the Comoros expired on 31 December 2004. A new Protocol 
was  initialled  by  both  parties  on  24  November  2004  setting  out  the  technical  and  financial 
conditions governing the fishing activities of Community vessels in Comorian waters during 
the period 1 January 2005 to 31 December 2010 (6 years). 

The new Protocol grants fishing opportunities for 40 tuna seiners and 17 surface longliners. 

The  financial  contribution  is  fixed  at  EUR 390  000  per  year,  covering  an  annual  catch  of 
6 000  tonnes  of  tuna  in  Comorian  waters.  A  large  portion  of  this  amount  (60%,  or 
EUR 234 000  per  year)  is  earmarked,  under  the  new  partnership  approach  fixed  in  the  July 
2004 Council guidelines on fisheries agreements, for defining and implementing the sectoral 
fisheries policy in the Comoros with a view to establishing responsible fishing. 

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 Comorian 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)  VMS  requirements  to  reinforce  checks  on  vessels  operating  in  Comorian 
waters, (iii) the social clause applicable to local seamen signed on by Community vessels, (iv) 
rules on taking on board observers. 

Moreover,  in  accordance  with  the  Council  guidelines  of  July  2004,  the  new  Protocol  has 
adjusted the costs of the Agreement between the Community and shipowners. The tuna fee for 
fishermen has been increased from EUR 25 to EUR 35/tonne, while the Community fee has 
been  reduced  from  EUR 75  to  EUR 65/tonne.  This  reallocation,  already  applied  in  the  tuna 
agreements in the Pacific, will gradually be applied to all tuna agreements in the Community. 

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. 

EN 

2 

   EN 

 
Proposal for a 

COUNCIL DECISION 

on the conclusion of the Agreement 
in the form of an exchange of letters concerning the provisional application of the 
Protocol setting out the fishing opportunities and financial contribution provided for in 
the Agreement between the European Economic Community and the Islamic Federal 
Republic of the Comoros on fishing off the Comoros for the period from 1 January 2005 
to 31 December 2010 

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) 

In accordance with the Agreement between the European Economic Community and 
the  Islamic  Federal  Republic  of  the  Comoros  on  fishing  off  the  Comoros2,  the 
Community  and  the  Islamic  Federal  Republic  of  the  Comoros  held  negotiations  to 
determine  amendments  or  additions  to  be  made  to  the  Agreement  at  the  end  of  the 
period of application of the Protocol to the Agreement. 

As a result of those negotiations, a new Protocol was initialled on 24 November 2004. 

Under  that  Protocol,  Community  fishermen  enjoy  fishing  opportunities  in  the  waters 
falling  within  the  sovereignty  or  jurisdiction  of  the  Islamic  Federal  Republic  of  the 
Comoros for the period from 1 January 2005 to 31 December 2010. 

In order to ensure uninterrupted fishing activities by Community vessels, it is essential 
that the new Protocol be applied as quickly as possible. For this reason, the two parties 
have initialled an Agreement in the form of an Exchange of Letters providing for the 
provisional application of the initialled Protocol as from 1 January 2005. 

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 137, 2.6.1988, p. 19.  

EN 

3 

   EN 

 
                                                 
HAS DECIDED AS FOLLOWS: 

Article 1 

The Agreement in the form of an exchange of letters concerning the provisional application of 
the Protocol setting out the fishing opportunities and financial contribution provided for in the 
Agreement between the European Economic Community and the Islamic Federal Republic of 
the Comoros on fishing off the Comoros for the period from 1 January 2005 to 31 December 
2010 is hereby approved on behalf of the Community. 

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

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

Article 2 

(a) 

Tuna seiners: 

Spain: 

21 vessels 

France: 

18 vessels 

Italy: 

1 vessel 

(b) 

surface longliners: 

Spain: 

12 vessels 

Portugal: 

5 vessels. 

If licence applications from these Member States do not cover all the fishing opportunities set 
out  in  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  Comorian  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. 

EN 

4 

   EN 

 
                                                 
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 

EN 

5 

   EN 

 
 
 
Agreement 

in the form of an exchange of letters concerning the provisional application of the 
Protocol setting out the fishing opportunities and financial contribution provided for in 
the Agreement between the European Economic Community and the Islamic Federal 
Republic of the Comoros on fishing off the Comoros for the period from 1 January 2005 
to 31 December 2010 

A. Letter from the Government of the Comoros 

Sir, 

With  reference  to  the  Protocol  initialled  on  24  November  2004  establishing  the  fishing 
opportunities and financial contribution for the period from 1 January 2005 to 31 December 
2010, I have the honour to inform you that the Government of the Islamic Federal Republic of 
the  Comoros  is  prepared  to  apply  the  Protocol  on  a  provisional  basis  with  effect  from  1 
January 2005, pending its entry into force in accordance with Article 13 of the said Protocol, 
provided that the European Community is disposed to do likewise. 

This  is  on  the  understanding  that  the  payment  of  the  first  annual  financial  contribution 
provided for in Article 2 of the Protocol is paid by 30 September 2005. 

I  should  be  grateful  if  you  would  confirm  the  European  Community’s  agreement  to  the 
foregoing. 

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

For the Government of the Union of the Comoros 

EN 

6 

   EN 

 
B. Letter from the Community 

Sir, 

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

“With  reference  to  the  Protocol  initialled  on  24  November  2004  establishing  the  fishing 
opportunities and financial contribution for the period from 1 January 2005 to 31 December 
2005, I have the honour to inform you that the Government of the Islamic Federal Republic of 
the  Comoros  is  prepared  to  apply  the  Protocol  on  a  provisional  basis  with  effect  from  1 
January 2005, pending its entry into force in accordance with Article 13 of the said Protocol, 
provided that the European Community is disposed to do likewise. 

This  is  on  the  understanding  that  the  payment  of  the  first  annual  financial  contribution 
provided for in Article 2 of the Protocol is paid by 30 September 2005. 

I  should  be  grateful  if  you  would  confirm  the  European  Community’s  agreement  to  the 
foregoing.” 

I  have  the  honour  to  confirm  that  the  Community  is  in  agreement  with  the  contents  of  this 
letter. 

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

On behalf of the Council of the European Union 

EN 

7 

   EN 

 
Protocol 

setting out the fishing opportunities and financial contribution provided for in the 
Agreement between the European Economic Community and the Islamic Federal 
Republic of the Comoros on fishing off the Comoros for the period from 1 January 2005 
to 31 December 2010 

1. 

2. 

3. 

1. 

2. 

3. 

4. 

5. 

6. 

7. 

Article 1 
Period of application and fishing opportunities 

For  a  period  of  six  years  from  1  January  2005,  the  fishing  opportunities  granted 
under to Article 2 of the Agreement shall be as follows: 

– 

– 

tuna seiners: 40 vessels. 

surface longliners: 17 vessels. 

Paragraph 1 shall apply subject to Articles 4 and 5 of this Protocol. 

Vessels flying the flag of a Member State of the European Community may fish in 
Comorian waters only if they are in possession of a fishing licence issued under this 
Protocol in accordance with the Annex hereto. 

Article 2 
Financial contribution – Methods of payment 

For the period referred to in Article 1, the financial contribution referred to in Article 
6 of the Agreement shall be EUR 2 340 000.  

Paragraph 1 shall apply subject to Articles 4, 5 and 7 of this Protocol. 

The Community shall pay the financial contribution referred to in paragraph 1 at the 
rate of EUR 390 000 per year during the period of application of this Protocol. 

If the total quantity of catches by Community vessels exceeds 6 000 tonnes per year, 
the  total  amount  of  the  annual  financial  contribution  shall  be  increased  by  EUR 65 
for  each  additional  tonne  caught.  However,  the  total  annual  amount  paid  by  the 
Community  shall  not  be  more  than  twice  the  amount  indicated  in  paragraph  3 
(EUR 780  000).  Where  the  quantities  caught  by  Community  vessels  exceed  the 
quantities  corresponding  to  twice  the  total  annual  amount,  the  amount  due  for  the 
quantity exceeding that limit shall be paid the following year. 

Payment shall be made no later than 30 September 2005 for the first year and no later 
than the anniversary date of the Protocol for the following years. 

Subject to Article 6, the Comorian authorities shall have full discretion regarding the 
use to which this financial contribution is put. 

The share of the financial contribution indicated in Article 7(1) of this Protocol shall 
be paid into an account opened by the Comorian Ministry responsible for fisheries at 
the  Comoros  central  bank,  Banque  Centrale  des  Comores.  The  remaining  share  of 

EN 

8 

   EN 

 
1. 

1. 

2. 

3. 

4. 

the financial contribution shall be paid into a Public Treasury account opened at the 
Banque Centrale des Comores.  

Article 3 
Cooperation on responsible fishing – Annual scientific meeting 

In accordance with Article 5 of the Agreement, based on the recommendations and 
resolutions adopted within the Indian Ocean Tuna Commission (IOTC) and the best 
available  scientific  advice,  the  parties  shall  consult  each  other  within  the  Joint 
Committee provided for in Article 7 of the Agreement and, where necessary and by 
mutual agreement, take measures to ensure the sustainable management of fisheries 
resources concerning the activities of Community vessels. 

Article 4 
Voluntary review of fishing opportunities 

The  fishing  opportunities  referred  to  in  Article  1  may  be  increased  by  mutual 
agreement insofar as the conclusions of the scientific meeting referred to in Article 3 
confirm  that  such  an  increase  will  not  endanger  the  sustainable  management  of 
Comorian resources. In this case the financial contribution referred to in Article 2(1) 
shall be increased proportionately and pro rata temporis. However, the total amount 
of the financial contribution paid by the European Community shall not be more than 
twice the adjusted amount. 

Where  the  quantities  caught  by  Community  vessels  exceed  twice  the  quantities 
corresponding  to  the  adjusted  total  annual  amount,  the  amount  due  for  the  amount 
exceeding that limit shall be paid the following year. 

If  the  parties  agree  to  adopt  measures  as  referred  to  in  Article  3  resulting  in  a 
reduction  in  the  fishing  opportunities  provided  for  in  Article  1,  the  financial 
contribution shall be reduced proportionally and pro rata temporis. 

The allocation of the fishing opportunities among different categories of vessels may 
also  be  reviewed  by  mutual  agreement  between  the  parties,  provided  that  any 
changes comply with recommendations made by the scientific meeting regarding the 
management of stocks liable to be affected by such redistribution. The parties shall 
agree  on  the  corresponding  adjustment  of  the  financial  contribution  where  the 
redistribution of fishing opportunities so warrants. 

Article5 
New fishing opportunities 

Should  Community  vessels  be  interested  in  fishing  activities  which  are  not  indicated  in 
Article  1,  the  parties  shall  consult  each  other  before  any  authorisation  is  granted  by  the 
Comorian authorities. Where appropriate, the parties shall agree on the conditions applicable 
to these new fishing opportunities and, if necessary, make amendments to this Protocol and to 
the Annex thereto. 

EN 

9 

   EN 

 
Article 6 
Suspension and review of the payment of the financial contribution on grounds of force 
majeure 

1. 

2. 

3. 

1. 

2. 

3. 

4. 

Where  serious  circumstances,  other  than  natural  phenomena,  prevent  fishing 
activities  in  Comorian  waters,  the  European  Community  may  suspend  payment  of 
the  financial  contribution  provided  for  in  Article  2(1),  following  consultations 
between the parties where possible, and provided that the Community has paid in full 
any amounts due at the time of suspension. 

Payment  of  the  financial  contribution  shall  resume  as  soon  as  the  parties  find,  by 
mutual agreement following consultations, that the circumstances preventing fishing 
activities are no longer present and that the situation allows a resumption of 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 7 
Support for introducing responsible fishing in Comorian waters 

A  share  of  60%  of  the  financial  contribution  referred  to  in  Article  2(1)  of  this 
Protocol shall be put towards defining and implementing a sectoral fisheries policy in 
the  Comoros  with  a  view  to  introducing  responsible  fishing  in  its  waters.  This 
contribution  shall  be  managed  in  the  light  of  objectives  identified  by  mutual 
agreement  between  the  parties,  and  the  annual  and  multiannual  programming  to 
attain them.  

For  the  purposes  of  paragraph  1,  as  soon  as  this  Protocol  enters  into  force  and  no 
later  than  three  months  after  that  date,  the  parties  shall  agree,  within  the  Joint 
Committee  provided  for  in  Article  7  of  the  Agreement,  on  a  multiannual  sectoral 
programme and detailed implementing rules covering, in particular: 

(a) 

(b) 

annual  and  multiannual  guidelines  for  using  the  percentage  of  the  financial 
contribution referred to in paragraph 1;  

the  objectives,  both  annual  and  multiannual,  to  be  achieved  with  a  view  to 
introducing,  over  time,  responsible  fishing  and  sustainable  fisheries,  taking 
account  of  the  priorities  expressed  by  the  Comoros  in  its  national  fisheries 
policy and other policies relating to or having an impact on the introduction of 
responsible fishing and sustainable fisheries; 

(c) 

criteria and procedures for evaluating the results obtained each year. 

Any proposed amendments to the multiannual sectoral programme must be approved 
by both parties within the Joint Committee. 

Each  year,  the  Comoros  shall  allocate  the  percentage  of  the  financial  contribution 
referred to in paragraph 1 with a view to implementing the multiannual programme. 
For the first year of application of the Protocol, that allocation must be notified to the 

EN 

10 

   EN 

 
5. 

1. 

2. 

3. 

4. 

Community at the time when the multiannual sectoral programme is approved within 
the  Joint  Committee.  For  each  year  thereafter,  the  Comoros  shall  notify  the 
Community of the allocation no later than 30 November of the previous year. 

Where the annual evaluation of the progress made in implementing the multiannual 
sectoral programme so warrants, the parties shall hold consultations to agree rules for 
reallocating the financial contribution referred to in Article 2(1) of this Protocol with 
a  view  to  bringing  the  actual  amount  of  financial  resources  allocated  to 
implementation of the programme into line with its results. 

Article 8 
Disputes – Suspension of application of the Protocol 

Any  dispute  between  the  parties  over  the  interpretation  of  this  Protocol  or  its 
application shall be the subject of consultations between the parties within the Joint 
Committee  provided  for  in  Article  7  of  the  Agreement,  in  a  special  meeting  if 
necessary. 

Without prejudice to Article 9, application of the Protocol may be suspended at the 
initiative of one party if the dispute between the parties is deemed to be serious and if 
the  consultations  held  within  the  Joint  Committee  under  paragraph  1  have  not 
resulted in an amicable settlement. 

Suspension of application of the Protocol shall require the interested party to notify 
its intention in writing at least three months before the date on which suspension is 
due to take effect. 

In the event of suspension, the parties shall continue to consult with a view to finding 
an amicable settlement to their dispute. Where such settlement is reached, application 
of  the  Protocol  shall  resume  and  the  amount  of  the  financial  contribution  shall  be 
reduced proportionately and pro rata temporis according to the period during which 
application of the Protocol was suspended. 

Article 9 
Suspension of application of the Protocol on grounds of non-payment 

Subject to Article 3, if the Community fails to make the payments provided for in Article 2, 
application of this Protocol may be suspended on the following terms: 

(a) 

(b) 

The  competent  Comorian  authorities  shall  notify  the  European  Commission  of  the 
non-payment. The latter shall make the necessary verifications and, where necessary, 
transmit the payment within no more than 30 working days of the date of receipt of 
the notification. 

If no payment is made and non-payment is not adequately justified within the period 
provided  for  in  Article  2(5)  of  this  Protocol,  the  competent  Comorian  authorities 
shall  be  entitled  to  suspend  application  of  the  Protocol.  They  shall  inform  the 
European Commission of such action forthwith. 

(c) 

Application of the Protocol shall resume as soon as the payment concerned has been 
made. 

EN 

11 

   EN 

 
Article 10 
National law 

The  activities  of  vessels  operating  in  Comorian  waters  shall  be  governed  by  the  applicable 
law in the Comoros, unless otherwise provided in the Agreement, this Protocol and the Annex 
and appendices hereto. 

Article 11 
Revision clause 

During the third year of application of this Protocol, its Annex and its appendices, the parties 
may  review  the  provisions  of  the  Protocol,  the  Annex  and  the  appendices  and,  where 
necessary, make amendments. These amendments may include the reference tonnage and the 
flat-rate advances paid by shipowners. 

Article 12 
Repeal 

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

Article 13 
Entry into force 

1. 

2. 

This Protocol with its Annex shall enter into force on the date on which the parties 
notify each other of the completion of the procedures necessary for that purpose.  

It shall apply with effect from 1 January 2005. 

EN 

12 

   EN 

 
ANNEX 

CONDITIONS FOR THE PURSUIT OF FISHING ACTIVITIES BY COMMUNITY 
VESSELS IN COMORIAN WATERS 

CHAPTER I - APPLICATION FOR AND ISSUE OF LICENCES 

1. 

2. 

3. 

4. 

5. 

6. 

7. 

8. 

9. 

Section 1 
Issue of licences 

Only eligible Community vessels may obtain a licence to fish in Comorian waters. 

For a vessel to be eligible, neither the owner, the master nor the vessel itself must be 
prohibited  from  fishing  in  the  Comoros.  They  must  be  in  order  vis-à-vis  the 
Comorian authorities insofar as they must have fulfilled all prior obligations arising 
from  their  fishing  activities  in  the  Comoros  under  fisheries  agreements  concluded 
with the Community. 

Any  Community  vessel  applying  for  a  fishing  licence  must  be  represented  by  an 
agent resident in the Comoros. The name and address of that agent shall be stated in 
the licence application. 

The  relevant  Community  authorities  shall  present  to  the  competent  Comorian 
authorities an application for each vessel wishing to fish under the Agreement at least 
20 days before the date of commencement of the period of validity requested. 

Applications  shall  be  submitted  to  the  competent  Comorian  authorities  on  a  form 
drawn up in accordance with the specimen in Appendix I. 

All licence applications shall be accompanied by the following documents: 

– 

– 

proof of payment of the fee for the period of validity of the licence; 

any other documents or certificates required under the specific rules applicable 
to the type of vessel concerned pursuant to this Protocol. 

The fee shall be paid into the account specified by the Comorian authorities.  

Fees  shall  include  all  national  and  local  charges  except  for  port  taxes  and  service 
charges. 

Licences  for  all  vessels  shall  be  issued  to  shipowners  or  their  agents  via  the 
Delegation of the Commission of the European Communities in Mauritius within 15 
days of receipt of all the documents referred to in point 6 by the competent Comorian 
authorities. 

10. 

If  a  licence  is  signed  at  a  time  when  the  European  Commission  Delegation  offices 
are closed, it shall be sent direct to the vessel’s agent and a copy shall be sent to the 
Delegation. 

11. 

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

EN 

13 

   EN 

 
12. 

13. 

14. 

15. 

1. 

2. 

3. 

4. 

5. 

6. 

7. 

However,  at  the  request  of  the  European  Community  and  where  force  majeure  is 
proven,  a  vessel’s  licence  shall  be  replaced  by  a  new  licence  for  another  vessel 
whose features are similar to those of the first vessel, with no further fee due. 

The owner of the first vessel, or the agent, shall return  the cancelled licence to the 
competent Comorian authorities via the European Commission Delegation. 

The  new  licence  shall  take  effect  on  the  day  that  the  vessel’s  owner  returns  the 
cancelled  licence  to  the  competent  Comorian  authorities.  The  Delegation  of  the 
European Commission in Mauritius shall be informed of the licence transfer. 

The  licence  must  be  kept  on  board  at  all  times,  without  prejudice  to  point  2  of 
Chapter VII of this Annex. 

Section 2 
Licence conditions - fees and advance payments 

Licences shall be valid for a period of one year. They shall be renewable. 

The fee shall be set at EUR 35 per tonne caught within Comorian waters. 

Licences shall be issued once the following standard amounts have been paid to the 
competent national authorities: 

– 

– 

EUR 3 375 per year per tuna seiner, equivalent to the fees due for 96 tonnes of 
tuna caught per year; 

EUR 2 065  per  year  per  surface  longliner,  equivalent  to  the  fees  due  for  59 
tonnes of tuna caught per year. 

The  final  statement  of  the  fees  due  for  the  fishing  year  shall  be  drawn  up  by  the 
Commission  of  the  European  Communities  by  31  July  of  the  following  year  at  the 
latest on the basis of the catch declarations made by each shipowner and confirmed 
by the scientific institutes responsible for verifying catch data in the Member States, 
such  as  the  IRD  (Institut  de  Recherche  pour  le  Développement),  the  IEO  (Instituto 
Español de Oceanografía) and the IPIMAR (Instituto de Investigação das Pescas e 
do Mar).  

The  statement  shall  simultaneously  be  notified  to  the  competent  Comorian 
authorities and the shipowners.  

Any  additional  payments  shall  be  made  by  the  shipowners  to  the  competent 
Comorian  authorities  by  30  August  of  the  following  year  at  the  latest,  into  the 
account referred to in point 7 of Section 1 of this Chapter.  

However, if the amount of the final statement is lower than the advance referred to in 
point  3  of  this  Section,  the  resulting  balance  shall  not  be  reimbursable  to  the 
shipowner. 

EN 

14 

   EN 

 
CHAPTER II – FISHING ZONES 

To  avoid  adverse  effects  on  small-scale  fisheries  in  Comorian  waters,  Community  vessels 
shall not be allowed to fish within 10 nautical miles of any of the islands nor within a radius 
of  three  nautical  miles  of  fish  aggregating  devices  placed  by  the  Comorian  Ministry 
responsible for fisheries, the positions of which have been communicated to the representative 
of the European Commission in Mauritius. 

These  provisions  may  be  reviewed  by  the  Joint  Committee  referred  to  in  Article  7  of  the 
Agreement. 

CHAPTER III – CATCH REPORTING ARRANGEMENTS 

1. 

For  the  purposes  of  this  Annex,  the  duration  of  a  voyage  by  a  Community  vessel 
shall be defined as follows: 

– 

– 

– 

either the period elapsing between entering and leaving Comorian waters; 

or the period elapsing between entering Comorian waters and a transhipment; 

or the period elapsing between entering Comorian waters and a landing in the 
Comoros; 

All  vessels  authorised  to  fish  in  Comorian  waters  under  the  Agreement  shall  be 
obliged  to  communicate  their  catches  to  the  Comorian  Ministry  responsible  for 
fisheries in the following manner: 

Declarations shall include the catches made by the vessel during each trip. They shall 
be  transmitted  to  the  Comorian  Ministry  responsible  for  fisheries  by  electronic 
means, with a copy to the European Commission, at the end of each trip and, in all 
cases, before the vessel leaves Comorian waters. Electronic receipts shall be sent at 
once to the vessel by both addressees, with a copy to the other. 

The  original  of  the  declarations  sent  electronically  during  the  annual  period  of 
validity of the licence within the meaning of point 2 of Section 3 of Chapter I of this 
Annex shall be transmitted on a physical medium to Comorian Ministry responsible 
for  fisheries  within  45  days  following  the  end  of  the  last  trip  made  during  the  said 
period. Hard copies shall be sent to the European Community at the same time. 

Vessels  shall  declare  their  catches  on  the  corresponding  form  in  the  logbook,  in 
accordance with the specimen in Appendix 2. The words “Outside Comorian EEZ” 
shall be entered in the abovementioned logbook in respect of periods during which 
the vessel is not in Comorian waters. 

2. 

2.1 

2.2 

2.3 

2.4 

The forms shall be filled in legibly and signed by the master of the ship. 

3. 

Where the provisions set out in this Chapter are not complied with, the Government 
of the Comoros reserves the right to suspend the licence of the offending vessel until 
formalities  have  been  completed  and  to  apply  the  penalty  laid  down  in  current 
Comorian legislation. The European Commission shall be informed thereof. 

EN 

15 

   EN 

 
1. 

2. 

3. 

4. 

5. 

6. 

7. 

8. 

9. 

CHAPTER IV – EMBARKING SEAMEN 

Each  Community  vessel  shall  take  on  board,  at  its  own  expense,  at  least  one  local 
seaman during a trip in Comorian waters. 

Shipowners shall endeavour to take on board additional local seamen. 

Shipowners shall be free to select the seamen they take on board their vessels from 
the names on a list submitted by the competent Comorian authorities. 

The  shipowner  or  agent  shall  inform  the  competent  Comorian  authorities  of  the 
names  of  the  local  seamen  taken  on  board  the  vessel  concerned,  mentioning  their 
position in the crew. 

The International Labour Organisation (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  shipowners’  agent(s)  and  the  seamen 
and/or  their  trade  unions  or  representatives  in  consultation  with  the  competent 
Comorian authorities. These contracts shall guarantee the seamen the social security 
cover  applicable  to  them,  including  life  assurance  and  sickness  and  accident 
insurance. 

Local seamen’s wages shall be paid by the shipowners. They shall be fixed, before 
licences are issued, by mutual agreement between the shipowners or their agents and 
the  Comorian  authorities.  However,  the  wage  conditions  granted  to  Comorian 
seamen shall not be lower than those applied to Comorian crews and shall under no 
circumstances be below ILO standards. 

All  seamen  employed  aboard  Community  vessels  shall  report  to  the  master  of  the 
vessel  designated  on  the  day  before  their  proposed  embarkation  date.  Where  a 
seaman fails to report at the date and time agreed for embarkation, shipowners shall 
be automatically absolved of their obligation to take the seaman on board. 

Where no local seamen are taken on board for reasons other than that referred to in 
the previous point, Community shipowners shall be obliged to pay, for each day of 
the  fishing  trip  in  Comorian  waters,  a  flat-rate  amount  of  USD 20  per  day.  The 
payment of this amount will take place within the limits laid down in point I.2.6 of 
this Annex.  

10. 

This sum shall be used for training local seamen and shall be paid into the account 
specified by the Comorian authorities.  

EN 

16 

   EN 

 
1. 

1. 

1.1 

1.2 

1.3 

2. 

3. 

4. 

5. 

6. 

CHAPTER V - TECHNICAL MEASURES 

Community  vessels  shall  comply  with  the  measures  and  recommendations  adopted 
by Indian Ocean Tuna Commission (IOTC) regarding fishing gear and the technical 
specifications  thereof  and  all  other  technical  measures  applicable  to  their  fishing 
activities. 

CHAPTER VI – OBSERVERS 

Vessels  authorised  to  fish  in  Comorian  waters  under  the  Agreement  shall  take  on 
board observers appointed by the Comorian authorities on the terms set out below. 

At the request of the Comorian Ministry responsible for fisheries, tuna vessels shall 
take  on  board  an  observer  designated  by  the  former  to  check  catches  made  in 
Comorian waters. 

The competent Comorian authorities shall draw up a list of vessels designated to take 
an observer on board and a list of the appointed observers. These lists shall be kept 
up  to  date.  They  shall  be  forwarded  to  the  European  Commission  as  soon  as  they 
have  been  drawn  up  and  every  three  months  thereafter  where  they  have  been 
updated. 

The competent Comorian authorities shall inform the shipowners concerned, or their 
agents, of the name of the observer appointed to be taken on board their vessel at the 
time  the  licence  is  issued,  or  no  later  than  15  days  before  the  observer’s  planned 
embarkation date. 

The  time  spent  on  board  by  observers  shall  be  one  fishing  trip.  However,  at  the 
express  request  of  the  competent  Comorian  authorities,  this  embarkation  may  be 
spread  over  several  trips  according  to  the  average  duration  of  trip  for  a  particular 
vessel. This request shall be made by the competent Comorian authorities when the 
name of the observer appointed to board the vessel in question is notified. 

The  conditions  under  which  observers  are  taken  on  board  shall  be  agreed  between 
shipowners or their agents and the Comorian authorities. 

Observers shall be taken on board at a port chosen by the shipowner at the beginning 
of  the  first  voyage  in  Comorian  waters  after  notification  of  the  list  of  designated 
ships. 

Within two weeks and giving ten days’ notice, the shipowners concerned shall make 
known at which Comorian ports and on what dates they intend to take observers on 
board. 

Where observers are taken on board in a foreign port, their travel costs shall be borne 
by  the  shipowner.  Should  a  vessel  with  a  Comorian  observer  on  board  leave 
Comorian waters, all measures must be taken to ensure the observer’s return to the 
Comoros as soon as possible at the expense of the shipowner. 

EN 

17 

   EN 

 
7. 

8. 

8.1 

8.2 

8.3 

8.4 

8.5 

8.6 

8.7 

9. 

10. 

If  the  observer  is  not  present  at  the  time  and  place  agreed  and  during  the  twelve 
hours following the time agreed, shipowners shall be automatically absolved of their 
obligation to take the observer on board. 

Observers shall be treated as officers. They shall carry out the following tasks: 

observe the fishing activities of the vessels; 

verify the position of vessels engaged in fishing operations; 

perform biological sampling in the context of scientific programmes; 

note the fishing gear used; 

verify the catch data for Comorian waters recorded in the logbook; 

verify the percentages of by-catches and estimate the quantity of discards of species 
of marketable fin-fish, crustaceans and cephalopods; 

report  fishing  data  by  radio,  including  the  quantity  of  catches  and  by-catches  on 
board. 

Masters shall do everything in their power to ensure the physical safety and welfare 
of observers during performance of their duties. 

As far as possible, observers shall be offered every facility needed to carry out their 
duties. The master shall give them access to the means of communication needed for 
the  discharge  of  their  duties,  to  documents  directly  concerned  with  the  vessel’s 
fishing activities, including in particular the logbook and the navigation log, and to 
those parts of the vessel necessary to facilitate the exercise of their tasks as observer. 

11. 

While on board, observers shall: 

11.1 

11.2 

12. 

13. 

14. 

take all appropriate steps to ensure that the conditions of their boarding and presence 
on the vessel neither interrupt nor hamper fishing operations, 

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

At  the  end  of  the  observation  period  and  before  leaving  the  vessel,  observers  shall 
draw up an activity report to be transmitted to the competent Comorian authorities, 
with  a copy to the  European Commission. They shall sign it in the presence  of the 
master, who may add or cause to be added to it any observations considered relevant, 
followed  by  the  master’s  signature.  A  copy  of  the  report  shall  be  handed  to  the 
master when the observer is put ashore. 

Shipowners shall bear the cost of accommodating observers in the same conditions 
as the officers on the vessel. 

The salary and social contributions of the observer shall be borne by the competent 
Comorian authorities. 

EN 

18 

   EN 

 
15. 

Shipowners  shall  contribute  USD 20  per  day  per  vessel  to  the  costs  of  scientific 
observation. This contribution shall be payable at the same time as, and be additional 
to, the fee payable by the shipowner. 

1. 

2. 

3. 

3.1 

3.2 

3.3 

3.4 

4. 

4.1 

4.2. 

4.3. 

CHAPTER VII - MONITORING 

The  European  Community  shall  keep  an  up-to-date  list  of  the  vessels  to  which  a 
fishing licence has been issued under this Protocol. This list shall be notified to the 
Comorian  authorities  responsible  for  fisheries  inspection  as  soon  as  it  is  drawn  up 
and each time it is updated. 

Community vessels may be included on the list referred to in the previous point upon 
receipt of notification of the advance payment referred to in point 3 of Section 2 of 
Chapter I of this Annex. The shipowner may then obtain a certified copy of this list 
to be kept on board instead of the fishing licence until the licence has been issued. 

Entering and leaving the zone: 

Community  vessels  shall  notify  the  Comorian  authorities  responsible  for  fisheries 
inspection  at  least  three  hours  in  advance  of  their  intention  to  enter  or  leave 
Comorian waters. 

When  notifying  leaving,  vessels  shall  also  communicate  their  position  and  the 
volume and species in catches kept on board. This information should preferably be 
communicated by fax or, for vessels not equipped with a fax, by radio. 

Vessels  found  to  be  fishing  without  having  informed  the  competent  Comorian 
authorities shall be regarded as vessels without a licence. 

Vessels shall also be informed of the fax and telephone numbers and e-mail address 
when the fishing licence is issued. 

Control procedures 

Masters  of  Community  fishing  vessels  engaged  in  fishing  activities  in  Comorian 
waters  shall  allow  and  facilitate  boarding  and  the  discharge  of  their  duties  by  any 
Comorian official responsible for the inspection and control of fishing activities. 

These  officials  shall  not  remain  on  board  for  longer  than  is  necessary  for  the 
discharge of their duties. 

Once the inspection has been completed, a certificate shall be issued to the master of 
the vessel. 

5. 

Satellite monitoring 

All  Community  vessels  fishing  under  this  Agreement  will  be  subject  to  satellite 
monitoring  in  line  with  the  provisions  of  Appendix  3.  These  provisions  shall  enter 
into force on the tenth day following notification by the Comorian authorities to the 
Delegation  of  the  Commission  of  the  European  Communities  in  Mauritius  of  the 
entry into operation of the Comorian fisheries monitoring centre. 

EN 

19 

   EN 

 
6. 

6.1 

6.2 

7. 

7.1 

7.2 

7.3 

8. 

8.1 

8.2 

Boarding 

The competent Comorian authorities shall inform the European Commission and the 
flag State, within no more than 48 hours, of all boardings of and penalties imposed 
on Community vessels in Comorian waters. 

The  European  Commission  shall  at  the  same  time  receive  a  brief  report  of  the 
circumstances and reasons leading to the boarding. 

Statement of boarding 

After the competent Comorian authorities have drawn up a statement, the master of 
the vessel shall sign it. 

This  signature  shall  not  prejudice  the  rights  of  the  master  or  any  defence  which  he 
may make to the alleged infringement. 

The master shall take the vessel to the port indicated by the Comorian authorities. In 
the case of minor infringements, the competent Comorian authorities may authorise 
the boarded vessel to continue its fishing activities. 

Consultation meeting in the event of boarding 

Before  any  measures  regarding  the  master  or  the  crew  of  the  vessel  or  any  action 
regarding the cargo and equipment of the vessel are considered, other than those to 
safeguard  evidence  relating  to  the  presumed  infringement,  a  consultation  meeting 
shall  be  held,  within  one  working  day  of  the  receipt  of  the  above  information, 
between  the  European  Commission  and  the  competent  Comorian  authorities, 
possibly attended by a representative of the Member State concerned. 

At the meeting, the parties shall exchange any relevant documentation or information 
helping  to  clarify  the  circumstances  of  the  established  facts.  The  shipowner  or  its 
agent shall be informed of the outcome of the meeting and of any measures resulting 
from the boarding. 

9. 

Settlement of boarding 

9.1. 

9.2. 

9.3. 

Before  any  judicial  procedure,  an  attempt  shall  be  made  to  resolve  the  presumed 
infringement through a compromise procedure. This procedure shall be completed no 
later than three working days after the boarding. 

In the event of an amicable settlement, the amount of the fine shall be determined in 
accordance with Comorian legislation. 

If the case cannot be settled by amicable procedure and has to be brought before a 
competent judicial body, a bank security set to take account of the boarding costs and 
the  fines  and  compensation  payable  by  the  parties  responsible  for  the  infringement 
shall  be  paid  by  the  shipowner  into  a  bank  account  specified  by  the  competent 
Comorian authorities. 

EN 

20 

   EN 

 
9.4. 

The  bank  security  shall  be  irrevocable  until  the  legal  proceedings  have  been 
concluded.  It  shall  be  released  once  legal  proceedings  end  without  a  conviction. 
Similarly,  in  the  event  of  a  conviction  leading  to  a  fine  of  less  than  the  security 
lodged, the balance shall be released by the competent Comorian authorities. 

9.5. 

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

– 

– 

once the obligations arising under the amicable settlement have been fulfilled, 
or 

when the bank security referred to in point 19.3 has been lodged and accepted 
by  the  competent  Comorian  authorities,  pending  completion  of  the  legal 
proceedings. 

10. 

Transhipment 

10.1 

All Community vessels wishing to tranship catches in Comorian waters shall do so 
within Comorian ports. 

10.2. 

The owners of such vessels must notify the following information to the competent 
Comorian authorities at least 24 hours in advance: 

– 

– 

– 

– 

the names of the transhipping fishing vessels, 

the names of the cargo vessels, 

the tonnage by species to be transhipped, 

the day of transhipment. 

10.3. 

Transhipment  shall  be  considered  as  an  exit  from  Comorian  waters.  Vessels  must 
therefore submit their catch declarations to the competent Comorian authorities and 
state whether they intend to continue fishing or leave the Comorian waters. 

10.4.  Any  transhipment  of  catches  not  covered  above  shall  be  prohibited  in  Comorian 
waters. Any person infringing this provision shall be liable to the penalties provided 
for by Comorian law. 

11. 

Masters of Community fishing vessels engaged in landing or transhipment operations 
in  a  Comorian  port  shall  allow  and  facilitate  the  inspection  of  such  operations  by 
Comorian inspectors. Once the inspection has been completed, a certificate shall be 
issued to the master of the vessel. 

APPENDICES 

1. 

2. 

3. 

Licence application form 

IOTC logbook 

Provisions applicable to satellite monitoring 

EN 

21 

   EN 

 
Appendix 1 

LICENCE APPLICATION FORM FOR A FOREIGN FISHING VESSEL 

Name of applicant:……………………………………………………………………………... 

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

Address of applicant: ………………………………………………………………………..…. 

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

Name and address of charterer of vessel if different from above:……………………………… 

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

Name and address of representative (agent) in the Comoros:………………………………… 

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

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

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

Type of vessel:………………………………………………………………………………… 

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

Country of registry:…………………………………………………………………………… 

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

Port and registration number:…………………………………………………………………… 

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

Vessel’s external identification:………………………………………………………………… 

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

Radio call sign and frequency:………………………………………………………………… 

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

Length of vessel:……………………………………………………………………………… 

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

Width of vessel:………………………………………………………………………………… 

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

EN 

22 

   EN 

 
Engine type and horse power:………………………………………………………………… 

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

Gross registered tonnage of vessel:…………………………………………………………… 

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

Net registered tonnage of vessel:……………………………………………………………… 

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

Minimum crew:………………………………………………………………………………… 

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

Type of fishing:………………………………………………………………………………… 

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

Proposed catch species:………………………………………………………………………… 

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

Period of validity requested:…………………………………………………………………… 

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

I, the undersigned, declare that the above particulars are correct. 

Date ......................................................... Signature..................................................................  

EN 

23 

   EN 

 
Appendix 2 

ICCAT LOGBOOK FOR TUNA FISHERY 

Longline 
Live bait 
Purse seine 
Trawl 
Outros (Others) 

Name of vessel: 
……………………………………………………………………. 
Flag country:   
……………………………………………………………………...........................

: 

Grosse tonnage: 
………………………………………………….............................
Capacity – (M.T.): 
……………………………………………........ 

: 

Vessel DEPARTED: 
Vessel 
RETURNED: 

Month  Day  Year 

Port 

Registration No: 
………………………………………………………………...................................
No of crew: 
Shipowner: 
………………………………………………………….......................... 
….…………………………………………………........................
Address: ………………………………………………………………………….... Reporting date: ………………………………………………...... 

Captain: ……………………………………………………….... 

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

No of fishing days: 
No of sets made: 

No of days at sea: 

Trip number: 

Date 

Sector 

Month  Day 

e
d
u
t
i
t
a
L

S
/
N

e
d
u
t
i
g
n
o
L

O
E

/

Surface 
water 
temp 
(ºC) 

Fishing effort  
No  of  hooks 
used 

Capturas (Catches) 

Isco usado na pesca 
(Bait used) 

Yellowfin tuna 
Thunnus 
Albacares 

(Bigeye tuna) 
Thunnus 
obesus 

(Albacore)  
Thunnus 
alalunga 

(Swordfish) 
Xiphias 
gladius 

No 

Kg 

No 

kg 

No 

kg 

No 

kg 

(Strip marlin) 
(White marlin) 
Tetraptunus 
audax or albidus 
No 

kg 

(Black marlin) 
Makaira 
indica 

(Sailfish) 
Istiophorus  albicane 
or platypterus 

Skipjack 
Katsuwonus 
pelamis 

(Miscellaneous fish) 

Daily total 
(weight  in  kg 
only) 

y
r
u
a
S

d
i
u
q
S

t
i
a
b

e
v
i
L

(Other) 

No 

kg 

No 

kg 

No 

kg 

No 

kg 

No 

kg 

Bluefin tuna 
Thunnus 
thynnus or 
maccoyi  
No  Weigh
t 
kg 

LANDING WEIGHT (IN KG) 
Notes 

1 – Use one sheet per month, and one line per day. 

3 – “Day” refers to the day you set the line. 

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

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

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

6 - All information reported herein will be kept strictly confidential. 

EN 

24 
EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Appendix 3 

PROVISIONS SPECIFYING HOW DATA IN CONNECTION WITH THE 
SATELLITE-BASED POSITION MONITORING OF COMMUNITY FISHING 
VESSELS OPERATING UNDER THE FISHERIES AGREEMENT BETWEEN THE 
EUROPEAN ECONOMIC COMMUNITY AND THE ISLAMIC FEDERAL 
REPUBLIC OF THE COMOROS IS TO BE TRANSMITTED 

In  view  of  the  fact  that  the  Union  of  the  Comoros  plans  to  implement  a  Vessel  Monitoring 
System  (VMS)  applicable  to  its  national  fleet  and  intends  to  extend  this  system  on  a  non-
discriminatory basis to all vessels operating in its fishing zone, and that Community vessels 
have been subject to satellite monitoring wherever they  operate since 1 January 2000 under 
Community legislation, it is recommended that the national authorities of the flag States and 
of  the  Union  of  the  Comoros  should  monitor  by  satellite  vessels  operating  under  the 
Agreement between the European Economic Community and the Islamic Federal Republic of 
the Comoros on fishing off the Comoros in accordance with the following arrangements: 

1. 

2. 

3. 

4. 

5. 

6. 

For the purposes of satellite monitoring, the Comorian authorities will communicate 
to the Community the coordinates (latitudes and longitudes) of the Comorian fishing 
zone  based  on  the  attached  model  (Table  I)  before  the  entry  into  force  of  these 
provisions. 

The  Comorian  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 data transmission between their Control Centres in accordance with 4 to 6. 
Such  information  shall  include  the  following  where  they  exist:  names,  telephone, 
telex and fax numbers, and e-mail addresses (Internet or X.400) which may be used 
for general communications between Control Centres. 

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  between  the  European 
Economic Community and the Islamic Federal Republic of the Comoros and is the 
subject  of  satellite-based  monitoring  pursuant  to  Community  legislation  enters  a 
fishing  zone  of  the  Union  of  the  Comoros,  the  subsequent  position  reports  shall 
immediately be transmitted by the Control Centre of the flag State to the Comorian 
Fisheries  Monitoring  Centre  (FMC)  at  intervals  of  no  more  than  two  hours.  The 
messages concerned shall be identified as position reports. 

The  messages  specified  at  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 at 4 to the Control Centre of the flag State in good 
time. In such circumstances, it will be necessary to send a position report every 12 
hours while the vessel is in a fishing zone of the Union of the Comoros. The Control 

EN 

25 

   EN 

 
Centre of the flag State or the fishing vessel shall send these messages immediately 
to  the  FMC.  The  defective  equipment  shall  be  repaired  or  replaced  as  soon  as  the 
vessel completes its fishing trip and, in any case, 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 Comorian waters at two-hourly intervals. If the vessels are not being monitored in 
accordance with the conditions laid down, the FMC shall be informed immediately 
and the procedure laid down at 6 shall be applicable. 

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

The  monitoring  data  communicated  to  the  other  party  in  accordance  with  these 
provisions  is  intended  solely  for  the  purposes  of  the  Comorian  authorities  in 
controlling  and  monitoring  the  Community  fleet  fishing  under  the  Agreement 
between the European Economic Community and the Islamic Federal Republic of the 
Comoros.  Such  data  may  not  under  any  circumstances  be  communicated  to  other 
parties. 

The parties agree to take all necessary steps to meet the message requirements laid 
down at 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 referred to in 
Article  7  of  the  Agreement  between  the  European  Economic  Community  and  the 
Islamic Federal Republic of the Comoros on fishing off the Comoros. 

These provisions shall enter into force on the tenth day following notification by the 
Comorian  authorities  to  the  Delegation  of  the  Commission  of  the  European 
Communities  in  Mauritius  of  the  entry  into  operation  of  the  Comorian  fisheries 
monitoring centre. 

7. 

8. 

9. 

10. 

11. 

12. 

13. 

EN 

26 

   EN 

 
Table I 

Coordinates (latitudes and longitudes) of the 
Comorian fishing zone 

Coordinates 
degrees 

in 

decimal 

Coordinates  in  degrees  and 
minutes 

Ref 

X 

Y 

X 

Y 

A 

B 

C 

D 

E 

F 

G 

H 

I 

J 

K 

L 

M 

N 

O 

P 

Q 

R 

S 

T 

U 

V 

EN 

27 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Table II 

COMMUNICATION OF VMS MESSAGES TO THE COMOROS 

POSITION REPORT 

Data Element 

Code Mandatory/

Comments 

Optional 

Start record 

SR  M 

System detail – indicates start of record 

Recipient 

AD  M 

Message detail – recipient. Alpha 3 ISO country code 

From 

FS  M 

Message detail – sender. Alpha 3 ISO country code 

Type of message 

TM  M 

Message detail – Message type “POS” 

Radio call sign 

RC  M 

Vessel detail – international radio call sign of vessel 

Contracting 
internal 
number 

External 
number 

party 
reference 

IR O  O 

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

registration 

XR  O 

Vessel detail – number marked on side of vessel 

Flag State 

FS  O 

Flag state detail 

Latitude 

LA  M 

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

Longitude 

LO  M 

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

Dates 

Time: 

DA  M 

TI  M 

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. 

EN 

28 

   EN