Protocol setting out the fishing opportunities and financial contribution provided for in the Agreement between the European Community and the Republic of Madagascar on fishing off the coast of Madagascar for the period from 1 January 2007 to 31 December 2012
Date: 2007-12-17
Institutions: European Community, Madagascar
Subjects: European Community, Madagascar, financial compensation of an agreement, fishery management, fishing agreement, fishing area, fishing rights, protocol to an agreement

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FISHERIES PARTNERSHIP AGREEMENT

between the Republic of Madagascar and the European Community

THE REPUBLIC OF MADAGASCAR, hereinafter referred to as ‘Madagascar’,

and

THE EUROPEAN COMMUNITY, hereinafter referred to as ‘the Community’,

hereinafter referred to as ‘the Parties’,

CONSIDERING the close working relationship between the Community and Madagascar, particularly in the context of the
Cotonou Agreement, and their mutual desire to intensify that relationship,

CONSIDERING the desire of the two Parties to promote the sustainable exploitation of fisheries resources by means of
cooperation,

HAVING REGARD TO the United Nations Convention on the Law of the Sea,

DETERMINED to apply the decisions and recommendations of the Indian Ocean Tuna Commission, hereinafter referred to
as ‘IOTC’,

AWARE of the importance of the principles established by the Code of Conduct for Responsible Fisheries adopted at the
FAO Conference in 1995,

DETERMINED to cooperate, in their mutual interest, in promoting the introduction of responsible fisheries to ensure the
long-term conservation and sustainable exploitation of marine living resources,

CONVINCED that such cooperation must take the form of initiatives and measures which, whether taken jointly or sepa-
rately, are complementary and ensure consistent policies and synergy of effort,

INTENDING, to these ends, to commence a dialogue on the sectoral fisheries policy adopted by the Government of Mada-
gascar and to identify the appropriate means of ensuring that this policy is effectively implemented and the need to
strengthen the decentralised level in dialogue between the technical services on the one hand, and civil society and eco-
nomic operators on the other,

DESIROUS of establishing terms and conditions governing the fishing activities of Community vessels in Malagasy waters
and Community support for the introduction of responsible fishing in those waters,

RESOLVED to pursue closer economic cooperation in the fishing industry and related activities through the setting up and
development of joint enterprises involving companies from both Parties,

HEREBY AGREE AS FOLLOWS:

— the conditions governing access by Community fishing ves-

sels to Madagascar’s fishing zones,

Article 1

Scope

This Agreement establishes the principles, rules and procedures
governing:

— cooperation on the arrangements for policing fisheries in
Madagascar’s fishing zones with a view to ensuring that the
above rules and conditions are complied with, that the mea-
sures for the conservation and management of fish stocks are
effective and that illegal, undeclared and unregulated fishing
is prevented,

— economic, financial, technical and scientific cooperation in
the fisheries sector with a view to promoting responsible
fishing in Madagascar’s fishing zones to guarantee the con-
servation and sustainable exploitation of fisheries resources
and develop Madagascar’s fisheries sector,

— partnerships between companies aimed at developing eco-
nomic activities in the fisheries sector and related activities,
in the common interest.

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Article 2

Definitions

For the purposes of this Agreement:

The Parties shall also cooperate in carrying out ex ante,
3.
ongoing and ex post evaluations, both jointly and unilaterally, of
measures, programmes and actions implemented on the basis of
this Agreement.

(a)

‘Malagasy authorities’ means the Malagasy Government rep-
resented by its Ministry responsible for fisheries;

4.
The Parties hereby undertake to ensure that this Agreement
is implemented in accordance with the principles of good eco-
nomic and social governance, respecting the state of fish stocks.

(b)

‘Community authorities’ means the European Commission;

(c)

‘Madagascar’s fishing zone’ means the waters over which, as
regards fisheries, Madagascar has sovereignty or jurisdiction;

(d)

‘fishing vessel’ means any vessel equipped for commercial
exploitation of living aquatic resources;

(e)

(f)

(g)

‘support vessel’ means any vessel providing assistance to fish-
ing vessels with the installation and surveillance of fish aggre-
gating devices;

‘Community vessel’ means a fishing vessel flying the flag of a
Member State of the Community and registered in the
Community;

‘Joint Committee’ means a committee made up of represen-
tatives of the Community and Madagascar, as specified in
Article 9 of this Agreement;

(h)

‘transhipment’ means the transfer in or off the port of some
or all of the catch from one fishing vessel to another vessel;

(i)

(j)

‘unusual circumstances’ means circumstances, other than
natural phenomena, which are beyond the reasonable con-
trol of one of the Parties and are such as to prevent fishing
activities in Malagasy waters;

‘ACP seamen’ means any seamen who are nationals of a non-
European signatory to the Cotonou Agreement. To this end,
a Malagasy seaman is an ACP seaman.

5.
In particular, the employment of ACP seamen on board
Community vessels shall be governed by the International Labour
Organisation (ILO) Declaration on Fundamental Principles and
Rights at Work, which shall apply as of right to the correspond-
ing contracts and general terms of employment. This concerns in
particular the freedom of association and the effective recognition
of the right to collective bargaining, and the elimination of dis-
crimination in respect of employment and occupation.

Article 4

Scientific cooperation

During the period covered by this Agreement, the Commu-
jointly monitor the evolution of

1.
nity and Madagascar shall
resources in Madagascar’s fishing zone.

2.
The two Parties, on the basis of the recommendations and
resolutions adopted within the Indian Ocean Tuna Commission
(IOTC), and in the light of the best available scientific advice, shall
consult each other within the Joint Committee provided for in
Article 9 of the Agreement and adopt, where appropriate after a
scientific meeting and by mutual agreement, measures to ensure
the sustainable management of fisheries resources affecting the
activities of Community vessels.

3.
The Parties undertake to consult one other, either directly,
including at subregional level, or within the international organi-
sations concerned, to ensure the management and conservation
of living resources in the Indian Ocean, and to cooperate in the
relevant scientific research.

Article 3

Principles and objectives underlying the implementation
of this Agreement

Article 5

1.
The Parties hereby undertake to promote responsible fish-
ing in Madagascar’s fishing zones on the basis of the principles of
non-discrimination between the different fleets fishing in those
waters, without prejudice to the agreements concluded between
developing countries within a geographical region,
including
reciprocal fisheries agreements.

Access by Community vessels to fisheries in Malagasy
waters

1. Madagascar undertakes to authorise Community vessels to
engage in fishing activities in its fishing zone in accordance with
this Agreement, including the Protocol and Annex thereto.

2.
The Parties shall cooperate with a view to implementing a
sectoral fisheries policy adopted by the Malagasy Government and
to that end shall
initiate a policy dialogue on the necessary
reforms. They shall consult with a view to adopting potential
measures in this area.

2.
The fishing activities governed by this Agreement shall be
subject to the laws and regulations in force in Madagascar. The
Malagasy authorities shall notify the Commission of any amend-
ments to that legislation.

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3. Madagascar shall take all the appropriate steps required for
the effective application of the fisheries monitoring provisions in
the Protocol. Community vessels shall cooperate with the Mala-
gasy authorities responsible for carrying out such monitoring.

(b) a reduction in the fishing opportunities granted to Commu-
nity vessels, made by mutual agreement for the purposes of
managing the stocks concerned, where this is considered nec-
essary for the conservation and sustainable exploitation of
resources on the basis of the best available scientific advice;

4.
The Community undertakes to take all the appropriate steps
required to ensure that its vessels comply with this Agreement
and the legislation governing fisheries in the waters over which
Madagascar has jurisdiction.

(c) an increase in the fishing opportunities granted to Commu-
nity vessels, made by mutual agreement between the Parties
where the best available scientific advice concurs that the
state of resources so permits;

Article 6

Licences

Community vessels may fish in Madagascar’s fishing zone
1.
only if they are in possession of a valid fishing licence issued by
Madagascar under this Agreement and the Protocol hereto.

The procedure for obtaining a fishing licence for a vessel,
2.
the taxes applicable and the method of payment to be used by
shipowners shall be as set out in the Annex to the Protocol.

Article 7

Financial contribution

1.
The Community shall grant Madagascar a financial contri-
bution in accordance with the terms and conditions laid down in
the Protocol and Annexes. This single contribution shall be based
on two elements, namely:

(a) access by Community vessels to Malagasy waters and fisher-

ies resources; and

(b)

the Community’s financial support for promoting respon-
sible fishing and the sustainable exploitation of fisheries
resources in Malagasy waters.

2.
The element of the financial contribution referred to in
paragraph 1(b) above shall be determined in the light of objec-
tives identified by common accord between the Parties in accor-
dance with the Protocol, to be achieved in the context of the
sectoral fisheries policy drawn up by the Malagasy Government
its
an
and
implementation.

and multiannual

programme

annual

for

(d) a reassessment of the terms of financial support for imple-
menting a sectoral fisheries policy in Madagascar, where this
is warranted by the results of the annual and multiannual
programming observed by both Parties;

(e)

termination of this Agreement under Article 13;

(f)

suspension of the application of this Agreement under
Article 12.

Article 8

Promoting cooperation among economic operators and
civil society

1.
The Parties shall encourage economic, scientific and techni-
cal cooperation in the fisheries sector and related sectors. They
shall consult one another with a view to coordinating the differ-
ent measures that might be taken to this end.

2.
The Parties undertake to promote exchanges of information
on fishing techniques and gear, preservation methods and the
industrial processing of fisheries products.

The Parties shall endeavour to create conditions favourable
3.
to the promotion of relations between their enterprises in the
technical, economic and commercial spheres, by encouraging the
establishment of an environment favourable to the development
of business and investment.

4.
The Parties shall encourage, in particular, the setting-up of
joint enterprises in their mutual interest which shall systematically
comply with Malagasy and Community legislation.

Article 9

Joint Committee

3.
The financial contribution granted by the Community shall
be paid each year in accordance with the Protocol and subject to
this Agreement and the Protocol in the event of any change to the
amount of the contribution as a result of:

(a) unusual circumstances;

1.
A Joint Committee shall be set up to monitor the applica-
tion of this Agreement. The Joint Committee shall perform the
following functions:

(a) monitoring the performance, interpretation and application
of this Agreement and, in particular, the definition of the
annual and multiannual programming referred to in
Article 7(2) and evaluation of its implementation;

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(b) providing the necessary liaison for matters of mutual interest

relating to fisheries;

(c) acting as a forum for the amicable settlement of any disputes
regarding the interpretation or application of the Agreement;

(d)

reassessing, where necessary, the level of fishing opportuni-
ties and, consequently, of the financial contribution;

(e) any other function which the Parties decide on by mutual

agreement.

2.
The Joint Committee shall meet at least once a year, alter-
nately in Madagascar and in the Community, and shall be chaired
by the Party hosting the meeting. It shall hold a special meeting
at the request of either of the Parties.

Article 10

Geographical area to which the Agreement applies

This Agreement shall apply, on the one hand, to the territories in
which the Treaty establishing the European Community applies,
under the conditions laid down in that Treaty, and, on the other,
to the territory of Madagascar.

stocks concerned, the discovery of a reduced level of exploitation
of the fishing opportunities granted to Community vessels, or fail-
ure to comply with undertakings made by the Parties with regard
to combating illegal, unreported and unregulated fishing.

2.
The Party concerned shall notify the other Party in writing
of its intention to withdraw from the Agreement at least six
months before the date of expiry of the initial period or each addi-
tional period.

Dispatch of the notification referred to in the previous para-

3.
graph shall open consultations by the Parties.

4.
Payment of the financial contribution referred to in Article 7
for the year in which the termination takes effect shall be reduced
proportionately and pro rata temporis.

Article 14

Protocol and Annex

The Protocol and the Annex shall form an integral part of this
Agreement.

Article 11

Duration

Article 15

National law

This Agreement shall apply for six years from the date of its entry
into force; it shall be tacitly renewed for additional periods of six
years, unless notice of termination is given in accordance with
Article 13.

The activities of Community vessels operating in Malagasy waters
shall be governed by the applicable law in Madagascar, unless oth-
erwise provided in the Agreement, this Protocol and the Annex
and Appendices hereto.

Article 12

Suspension

1.
Application of this Agreement may be suspended at the ini-
tiative of one of the Parties in the event of a serious disagreement
as to the application of provisions laid down in the Agreement.
Suspension of application of the Agreement 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.
On receipt of this notification, the Parties shall enter into consul-
tations with a view to resolving their differences amicably.

2.
Payment of the financial contribution referred to in Article 7
shall be reduced proportionately and pro rata temporis, according
to the duration of the suspension.

Article 13

Termination

1.
This Agreement may be terminated by either Party in the
event of unusual circumstances such as the degradation of the

Article 16

Repeal

On the date of its entry into force, this Agreement repeals and
replaces the Agreement between the European Community and
the Democratic Republic of Madagascar on fishing off the coast
of Madagascar which entered into force on 28 January 1986.

Article 17

Entry into force

This Agreement, drawn up in duplicate in the Czech, Estonian,
Danish, Dutch, English, Finnish, French, German, Greek, Hungar-
ian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Slo-
vak, Slovenian, Spanish and Swedish languages, each of these
texts being equally authentic, shall enter into force on the date on
which the Parties notify each other in writing that they have com-
pleted the necessary internal procedures to that end.

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setting out the fishing opportunities and financial contribution provided for in the Agreement
between the European Community and the Republic of Madagascar on fishing off the coast of
Madagascar for the period from 1 January 2007 to 31 December 2012

PROTOCOL

Article 1

Period of application and fishing opportunities

1.
For a period of six years from 1 January 2007, the fishing
opportunities granted under Article 5 of the Agreement shall be
as follows:

— highly migratory species (species listed in Annex 1 to the

1982 United Nations Convention):

— freezer tuna seiners: 43 vessels,

— surface longliners over 100 GT: 50 (1) vessels,

— surface longliners of 100 GT or below: 26 vessels,

— demersal species: five vessels for exploratory line or bottom

longline fishing.

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

2.
Protocol.

3.
Vessels flying the flag of a Member State of the European
Community may fish in Madagascar’s fishing zone only if they are
in possession of a valid fishing licence issued by Madagascar under
this Protocol in accordance with the Annex hereto.

Article 2

Financial contribution — Methods of payment

1.
The financial contribution referred to in Article 7 of the
Agreement shall comprise, for the period referred to in Article 1,
an annual amount of EUR 864 500 equivalent to a reference ton-
nage of 13 300 tonnes per year and a specific amount of
EUR 332 500 per year for the support and implementation of
Madagascar’s sectoral fisheries policy. This specific amount shall
be an integral part of the single financial contribution defined in
Article 7 of the Agreement.

Paragraph 1 shall apply subject to Articles 4, 5, 6 and 7 of

2.
this Protocol.

3.
The Community shall pay the total amount referred to in
paragraph 1, i.e. EUR 1 197 000, each year during the period of
application of this Protocol.

(1) The licences for vessels over 100 GT may also be used for vessels of
100 GT or below. However, the standard amounts provided for in
point 3 of Section 2 of Chapter 1 of the Annex shall be those corre-
sponding to the tonnage of the vessel.

4.
If the overall quantity of catches by Community vessels in
Malagasy waters exceeds the reference tonnage, the 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 2 394 000). Where the quantities
caught by Community vessels exceed the quantities correspond-
ing to twice the total annual amount, the amount due for the
quantity exceeding that limit shall be paid the following year.

Payment of the financial contribution referred to in para-
5.
graph 1 shall be made no later than 31 December 2007 for the
first year and no later than 28 February 2008, 2009, 2010, 2011
and 2012 for the following years.

6.
Subject to Article 7, the Malagasy authorities shall have full
discretion regarding the use to which this financial contribution
is put.

7.
The financial contribution shall be paid into a Public Trea-
sury account opened at the Banque Centrale de Madagascar. The
account reference is as follows: Agence Comptable Centrale du
Trésor Public with the Banque Centrale de Madagascar Antan-
inarenina — Antananarivo — Madagascar — account No:
213 101 000 125 TP EUR.

Article 3

Cooperation on responsible fishing — Scientific
cooperation

1.
The Parties hereby undertake to promote responsible fish-
ing in Malagasy waters on the basis of the principles of non-
discrimination between the different fleets fishing in those waters.

2.
During the period covered by this Protocol, the Community
and the Malagasy authorities shall endeavour to monitor the evo-
lution of resources in Madagascar’s fishing zone.

3.
The Parties undertake to promote cooperation at subre-
gional level on responsible fishing and, in particular, within the
Indian Ocean Tuna Commission (IOTC) and the Indian Ocean
Commission (IOC).

4.
In accordance with Article 4 of the Agreement and on the
basis of the recommendations and resolutions adopted within the
Indian Ocean Tuna Commission, and in the light of the best avail-
able scientific advice, the Parties shall consult each other within
the Joint Committee provided for in Article 9 of the Agreement
and adopt, where appropriate after a scientific meeting possibly
at subregional level, and by mutual agreement, measures to ensure
the sustainable management of fisheries resources affecting the
activities of Community vessels.

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Article 4

Review of fishing opportunities by mutual agreement

may be awarded to Community vessels following the consulta-
tion procedure provided for in Article 4 of this Protocol and until
the expiry of the Protocol and in accordance with the allowable
effort. The financial contribution will be increased as a result.

The fishing opportunities referred to in Article 1 may be
1.
increased by mutual agreement provided that the conclusions of
the scientific meeting referred to in Article 3(4) confirm that such
an increase will not endanger the sustainable management of
Madagascar’s 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 con-
tribution paid by the European Community in respect of the ref-
erence tonnage shall not be more than twice the amount of the
financial contribution referred to in Article 2(1). Where the quan-
tities caught annually by Community vessels are more than twice
13 300 tonnes (i.e. 26 600 tonnes), the amount due for the quan-
tity exceeding that limit shall be paid the following year.

2.
Conversely, if the Parties agree to adopt a reduction in the
fishing opportunities provided for in Article 1, the financial con-
tribution shall be reduced proportionately and pro rata temporis.

3.
The allocation of the fishing opportunities among different
categories of vessels may also be reviewed, following consulta-
tions and by mutual agreement between the Parties, provided that
any changes comply with recommendations made by the scien-
tific meeting referred to in Article 3(4) regarding the management
of stocks liable to be affected by such redistribution. The Parties
shall agree on the corresponding adjustment of the financial con-
tribution where the redistribution of fishing opportunities so
warrants.

Article 5

New and exploratory fishing opportunities

1.
Should Community vessels be interested in fishing activities
which are not indicated in Article 1, the Community shall con-
sult Madagascar in order to seek authorisation for these new
activities. Where appropriate, the Parties shall agree on the con-
ditions applicable to these new fishing opportunities and, if nec-
essary, make amendments to this Protocol and to the Annex
hereto.

2.
The Parties may carry out exploratory fishing trips in Mada-
gascar’s fishing zones, subject to an opinion by the scientific
meeting provided for in Article 3(4). To this end, they shall hold
consultations whenever one of the Parties so requests and deter-
mine, on a case-by-case basis, relevant new resources, conditions
and other parameters.

The two Parties shall carry out exploratory fishing activities
3.
in accordance with scientific and administrative parameters
adopted by mutual agreement. The authorisations for exploratory
fishing shall be granted for test purposes, for a maximum of two
six-month trips, from the date decided by mutual agreement
between the two Parties.

Article 6

Suspension and review of the payment of the financial
contribution in the event of unusual circumstances

1. Where unusual circumstances, other than natural phenom-
ena, prevent fishing activities in Madagascar’s exclusive economic
zone (EEZ), the European Community may suspend payment of
the financial contribution provided for in Article 2(1). The sus-
pension decision shall be taken following consultations between
the two Parties within a period of two months following the
request of one of the Parties, and provided that the Community
has paid in full any amounts due at the time of suspension.

2.
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/or that the situation allows a resumption of fishing
activities.

3. Where the validity of the licences granted to Community
vessels is suspended along with the payment of the financial con-
tribution, it shall be extended by a period equal to the period dur-
ing which fishing activities were suspended.

Article 7

Promotion of responsible fishing in Malagasy waters

1.
80 % of the total amount of the financial contribution fixed
in Article 2 and of fees paid by shipowners shall be allocated each
year to the support and implementation of initiatives taken in the
context of the sectoral fisheries policy drawn up by the Malagasy
Government.

Madagascar shall manage the corresponding amount following
the identification by mutual agreement between the two Parties,
in accordance with the current priorities of Madagascar’s fisheries
policy for ensuring sustainable and responsible management of
the sector, of the objectives to be attained and the annual and
multiannual programming required to attain them, pursuant to
paragraph 2 below.

2.
On a proposal from Madagascar and for the purposes of
implementing the preceding paragraph, as soon as this Protocol
enters into force and no later than three months after that date,
the Community and Madagascar shall agree, within the Joint
Committee provided for in Article 9 of the Agreement, on a mul-
tiannual sectoral programme and detailed implementing rules
covering, in particular:

4. Where the Parties conclude that the exploratory fishing trips
have produced positive results, while preserving ecosystems and
conserving living marine resources, new fishing opportunities

(a) annual and multiannual guidelines for using the percentage
of the financial contribution referred to in paragraph 1 and
its specific amounts for the initiatives to be carried out each
year;

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(b)

the objectives, both annual and multiannual, to be achieved
with a view to promoting responsible fishing and sustainable
fisheries, taking account of the priorities expressed by Mada-
gascar in its national fisheries policy and other policies relat-
ing to or having an impact on the introduction of responsible
fishing and sustainable fisheries;

Protocol shall resume and the amount of the financial contribu-
tion shall be reduced proportionately and pro rata temporis accord-
ing to the period during which application of the Protocol was
suspended.

Article 9

(c)

criteria and procedures for evaluating the results obtained
each year.

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

3.
Any proposed amendments to the multiannual sectoral pro-
gramme or of the use of the specific amounts for the initiatives to
be carried out each year must be approved by both Parties within
the Joint Committee.

4.
Each year, Madagascar shall allocate the share correspond-
ing to the percentage 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
Community at the time when the multiannual sectoral pro-
gramme is approved within the Joint Committee. For each year of
application of the Protocol thereafter, Madagascar shall notify the
Community of the allocation no later than 1 September of the
previous year.

5. Where the annual evaluation of the progress made in imple-
menting the multiannual sectoral programme so warrants, the
European Community may ask for the amount for the support
and implementation of Madagascar’s sectoral fisheries policy
within the financial contribution referred to in Article 2(1) of this
Protocol to be readjusted 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

1.
Any dispute between the Parties over the interpretation of
this Protocol or its application shall be the subject of consulta-
tions between the Parties within the Joint Committee provided for
in Article 9 of the Agreement, in a special meeting if necessary.

2. Without prejudice to Article 9, application of the Protocol
may be suspended at the initiative of one Party if the dispute
between the two Parties is deemed to be serious and if the con-
sultations held within the Joint Committee under paragraph 1
have not resulted in an amicable settlement.

Suspension of application of the Protocol shall require the
3.
interested Party to notify its intention in writing at least three
months before the date on which suspension is due to take effect.

4.
In the event of suspension, the Parties shall continue to con-
sult with a view to finding an amicable settlement to their dispute.
As soon as an amicable settlement is reached, application of the

Subject to Article 6, if the Community fails to make the payments
provided for in Article 2, application of this Protocol may be sus-
pended on the following terms:

(a)

(b)

the competent Malagasy authorities shall notify the European
Commission of the non-payment. The latter shall carry out
the requisite checks and, where necessary, transmit the pay-
ment within no more than 60 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 Malagasy 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 pay-

ment concerned has been made.

Article 10

National law

The activities of Community vessels operating in Malagasy waters
shall be governed by the applicable law in Madagascar, unless oth-
erwise provided in the Agreement, this Protocol and the Annex
and Appendices hereto.

Article 11

Repeal

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

Article 12

Entry into force

1.
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.

2.

They will apply with effect from 1 January 2007.

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CONDITIONS GOVERNING FISHING ACTIVITIES BY COMMUNITY VESSELS IN MADAGASCAR’S FISHING
ZONE

ANNEX

CHAPTER I

Application for and issue of licences

SECTION 1

Issue of licences

1.

2.

3.

4.

Only eligible vessels may obtain a licence to fish in Madagascar’s fishing zone.

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

The relevant Community authorities shall submit (by electronic means) to the Ministry responsible for fisheries in
Madagascar an application for each vessel wishing to fish or assist in fishing activities under the Agreement at least
15 working days before the date of commencement of the period of validity requested.

Applications shall be submitted to the Ministry responsible for fisheries on a form drawn up in accordance with the
specimen in Appendix I. The Malagasy authorities shall take all the necessary steps to ensure that the data received as
part of the licence application are treated as confidential. This data will be used exclusively in the context of the imple-
mentation of the Fisheries Agreement.

5.

All licence applications shall be accompanied by the following documents:

— proof of payment of the flat-rate advance for the period of validity of the licence,

— a copy of the tonnage certificate, certified by the flag Member State, giving the tonnage of the vessel expressed

in GT,

— a recent, certified colour photograph showing a side view of the vessel in its current state. The photograph shall

be at least 15 cm by 10 cm,

— a colour photocopy of the registration markings and call sign (1).

6.

7.

8.

The fee shall be paid into the account specified by the Malagasy authorities in accordance with Article 2(7) of the
Protocol.

The fees shall include all national and local charges with the exception of port taxes and service charges.

Licences for all vessels shall be issued to shipowners or their representatives via the European Commission Delega-
tion to Madagascar within 15 working days of receipt of all the documents referred to in point 5 by the Ministry
responsible for fisheries in Madagascar.

9.

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

10.

11.

12.

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 of the same category as the first vessel, as referred to in Article 1 of the
Protocol, with no further fee due. In this case, the calculation of the catch levels to determine whether an additional
payment should be made shall take account of the sum of the total catches of the two vessels.

The owner of the first vessel, or his or her representative, shall return the cancelled licence to the Ministry respon-
sible for fisheries in Madagascar 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 Ministry respon-
sible for fisheries in Madagascar. The European Commission Delegation to Madagascar shall be informed of the
licence transfer.

(1)

In conformity with international standards.

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13.

The licence must be held on board at all times. 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 draft shall be notified to the Malagasy authorities
as soon as it is drawn up, and then each time it is updated. On receipt of this draft list and of notification of payment
of the advance sent to the coastal state authorities by the Commission, the vessel shall be entered by the competent
Malagasy authority on a list of vessels authorised to fish, which shall be notified to the authorities responsible for
fisheries inspection. In this case, a certified copy of this list shall be sent to the shipowner and kept on board instead
of the fishing licence until the licence has been issued.

14.

The two Parties shall seek agreement for the purposes of promoting the introduction of a licence system based exclu-
sively on the electronic exchange of all the information and documents described above. The two Parties shall seek
agreement for the purposes of promoting the rapid replacement of the paper licence by an electronic equivalent such
as the list of vessels authorised to fish in Madagascar’s fishing zone.

15.

No fee shall be required for licences for support vessels. Support vessels must fly the flag of a Community Member
State or form part of a Community company.

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 EUR 35 per tonne caught within Madagascar’s fishing zone in the case of tuna seiners and surface
longliners.

1.

2.

3.

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

— EUR 3 920 per tuna seiner, equivalent to the fees due for 112 tonnes per year,

— EUR 3 500 per surface longliner of over 100 GT, equivalent to the fees due for 100 tonnes per year,

— EUR 1 680 per surface longliner of 100 GT or below, equivalent to the fees due for 48 tonnes per year,

— the amount for demersal fishing licences shall be fixed at a later stage within the Joint Committee following the

exploratory fishing phase. During the exploratory phase, licences shall be issued free of charge.

Member States shall inform the European Commission not later than 15 June each year of the tonnages caught dur-
ing the past year, as confirmed by the scientific institutes referred to in point 5.

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

This statement shall be sent simultaneously to the Ministry responsible for fisheries in Madagascar and to the
shipowners.

Any additional payments for quantities caught in excess of 112 tonnes for tuna seiners, 100 tonnes for longliners of
over 100 GT and 48 tonnes for longliners of 100 GT or below shall be made by the shipowners to the competent
Malagasy national authorities by 31 August of year n + 1, into the account referred to in point 6 of Section 1 of this
Chapter, on the basis of EUR 35 per tonne.

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.

4.

5.

6.

7.

8.

CHAPTER II

Fishing zones

1.

Community vessels may carry out fishing activities in waters beyond 12 nautical miles from the base lines in the case
of tuna seiners and surface longliners. A protection zone of three nautical miles from fish aggregating devices not
belonging to Community vessels must be observed.

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CHAPTER III

Catch reporting arrangements for vessels authorised to fish in Malagasy waters

1.

For the purposes of this Annex, the duration of a trip by a Community vessel in Madagascar’s fishing zone shall be
defined as follows:

— the period elapsing between entering and leaving Madagascar’s fishing zone, or

— the period elapsing between entering Madagascar’s fishing zone and a transhipment in port and/or a landing in

Madagascar.

2.

All vessels authorised to fish in Malagasy waters under the Agreement shall be obliged to notify their catches so that
the Malagasy authorities can check the quantities caught, which shall be validated by the competent scientific insti-
tutes in accordance with the procedure referred to in point 4 of Section 2 of Chapter I of this Annex. Vessels over
24 metres in length must notify their catches every 15 calendar days to Madagascar’s Fisheries Monitoring Centre
(FMC), while they are in Madagascar’s fishing zone. Catches shall be notified as follows:

2.1. During an annual period of validity of the licence within the meaning of Section 2 of Chapter I of this Annex, dec-
larations shall include the catches made by the vessel during each trip. The original of the declarations shall be trans-
mitted on a physical medium to the FMC within 45 days following the end of the last trip made during the period.
These notifications shall also be made by fax (+ 261 20 22 490 14) or e-mail (csp-mprh@blueline.mg).

2.2.

Vessels shall declare their catches on the corresponding form in the logbook, in accordance with the specimen in
Appendix 2. The words ‘Outside Madagascar’s fishing zone’ shall be entered in the logbook in respect of periods dur-
ing which the vessel is not in Madagascar’s fishing zone.

2.3.

The forms shall be filled in legibly and signed by the skipper of the vessel or by his or her legal representative.

3.

4.

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

The two Parties shall seek agreement for the purposes of promoting a catch reporting system based exclusively on
the electronic exchange of all the information and documents described above. The two Parties shall seek agreement
for the purposes of promoting the rapid replacement of the written declaration (logbook) by an equivalent in the form
of an electronic file.

CHAPTER IV

Transhipment and landings

The Parties shall cooperate with a view to improving landing or transhipment options in Malagasy ports.

1.

Landings:

Community tuna vessels which opt to land their catches in a Malagasy port shall benefit from a reduction of EUR 5
per tonne fished in Madagascar’s fishing zone in the fee indicated in point 2 of Section 2 of Chapter 1 of the Annex.

An additional reduction of EUR 5 shall be granted where fisheries products are sold to a processing factory in
Madagascar.

This mechanism shall apply, for all Community vessels, up to a maximum of 50 % of the final statement of catches
(as defined in Chapter III of the Annex) from the first year of this Protocol.

2.

Detailed rules on checks on the tonnages landed or transhipped shall be laid down at the first meeting of the Joint
Committee.

3.

Evaluation:

The level of the financial incentives and the maximum percentage of the final statement of catches shall be adjusted
within the Joint Committee, in accordance with the socio-economic impact of landings in the year concerned.

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CHAPTER V

Embarking seamen

1.

Owners of tuna seiners and surface longliners shall employ ACP nationals, subject to the following conditions and
limits:

— for the fleet of tuna seiners, at least 20 % of the seamen signed on during the tuna-fishing season in the fishing

zone of third countries shall be of ACP origin (1),

— for the fleet of surface longliners, at least 20 % of the seamen signed on during the fishing season in the fishing

zone of third countries shall be of ACP origin.

Shipowners shall endeavour to sign on additional seamen of ACP origin.

The International Labour Organisation (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.

The employment contracts of ACP seamen shall be drawn up between the shipowners’ representative(s) and the sea-
men and/or their trade unions or representatives. A copy of these contracts shall be given to the signatories. These
contracts shall guarantee the seamen the social security cover applicable to them, including life assurance and sick-
ness and accident insurance.

The wages of the ACP seamen shall be paid by the shipowners. They shall be fixed by mutual agreement among the
shipowners or their representatives and the seamen and/or their trade unions or representatives. However, the wage
conditions granted to ACP seamen shall not be lower than those applied to crews from their respective countries and
shall under no circumstances be below ILO standards.

All seamen employed aboard Community vessels shall report to the skipper 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, ship-
owners shall be automatically absolved of their obligation to take the seaman on board.

2.

3.

4.

5.

6.

CHAPTER VI

Technical measures

Vessels shall comply with the measures and recommendations adopted by IOTC in the region regarding fishing gear and the
technical specifications thereof and all other technical measures applicable to their fishing activities.

CHAPTER VII

Observers

1.

Vessels authorised to fish in Malagasy waters under the Agreement shall take on board observers appointed by the
competent regional fisheries organisation on the terms set out below.

1.1. At the request of the competent authority, Community vessels shall take on board an observer designated by the

authority in order to check catches made in Malagasy waters.

1.2.

1.3.

The competent authority 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 authority shall inform the shipowners concerned, or their representatives, 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 observ-
er’s planned embarkation date.

(1) Of which at least 70 seamen of the total European fleet belonging to IOTC Member States.

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2.

3.

4.

5.

6.

7.

8.

The time spent on board by observers shall be one fishing trip. However, at the express request of the competent
Malagasy 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 authority 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 representa-
tives and the competent authority.

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

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

Where observers are taken on board in a country outside the subregion, their travel costs shall be borne by the ship-
owner. Should a vessel with a regional observer on board leave the regional fishing zone, all measures must be taken
to ensure the observer’s return as soon as possible at the expense of the shipowner.

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. Where vessels are operating in Malagasy waters, they shall carry out the fol-
lowing tasks:

8.1.

observe the fishing activities of the vessels;

8.2.

verify the position of vessels engaged in fishing operations;

8.3.

perform biological sampling in the context of scientific programmes;

8.4.

note the fishing gear used;

8.5.

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

8.6.

verify the percentages of by-catches and estimate the quantity of discards of species of marketable fish;

8.7.

report by any appropriate means fishing data, including the quantity of catches and by-catches on board, to their com-
petent authority.

9.

10.

Skippers shall do everything in their power to ensure the physical safety and welfare of observers during perfor-
mance of their duties.

Observers shall be offered every facility needed to carry out their duties. The skipper 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 neces-
sary to facilitate the exercise of their tasks as observer.

11. While on board, observers shall:

11.1.

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

11.2.

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

12.

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 authorities, with a copy to the European Commission. They shall sign it in the pres-
ence of the skipper, who may add or cause to be added to it any observations considered relevant, followed by the
skipper’s signature. A copy of the report shall be handed to the skipper when the observer is put ashore.

13.

Shipowners shall bear the cost of accommodating observers in the same conditions as the officers, within the con-
fines of the practical possibilities offered by the vessel.

14.

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

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15.

The two Parties shall consult each other, and interested third parties, as soon as possible as regards the definition of
a system of regional observers and the choice of the competent regional fisheries organisation. Pending the imple-
mentation of a system of regional observers, vessels authorised to fish in Madagascar’s fishing zone under the Agree-
ment shall take on board, instead of regional observers, observers designated by the competent Malagasy authorities
in accordance with the rules set out above.

CHAPTER VIII

Monitoring

1.

2.

In accordance with point 13 of Section 1 of Chapter I of this Annex, 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
Malagasy authorities responsible for fisheries inspection as soon as it is drawn up and each time it is updated.

On receipt of this draft list and of notification of payment of the advance (referred to in point 3 of Section 2 of Chap-
ter I of this Annex) sent to the coastal state authorities by the European Commission, the vessel shall be entered by
the competent Malagasy authority on a list of vessels authorised to fish, which shall be sent to the authorities respon-
sible for fisheries inspection. In this case, a certified copy of this list shall be sent to the shipowner and kept on board
instead of the fishing licence until the licence has been issued.

3.

Entering and leaving the zone

3.1.

Community vessels shall notify, at least three hours in advance, the Malagasy authorities responsible for fisheries
inspection of their intention to enter or leave Madagascar’s fishing zone; they shall also declare the overall quantities
and the species on board in accordance with the attached model. An intention to enter which is not actually followed
up must be cancelled by fax or e-mail. The Fisheries Monitoring Centre must e-mail an acknowledgement of receipt
for each declaration (entry/exit) directly to the fishing vessel and/or failing that to the shipowner.

3.2. When notifying leaving, vessels shall also communicate their position. This information should preferably be com-
municated by fax (+ 261 20 22 490 14) or e-mail (csp-mprh@blueline.mg) or, for vessels not equipped with a fax or
e-mail, by radio (call sign BLU, only during working hours and on working days in Madagascar, 8 754,00 Mhz. The
radio call sign of Madagascar’s Fisheries Monitoring Centre is ‘CHARLIE SIERRA PAPA’).

3.3.

Vessels found to be fishing without having informed the competent Malagasy authority shall be regarded as vessels
in breach of the legislation.

3.4.

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

3.5. On receipt of messages notifying entry into and/or exit from the fishing zone, the Malagasy authorities reserve the
right to decide whether or not to carry out a check on the catches of the longliner fleet of more than 250 GT on the
basis of sampling of around 10 % of the fleet concerned. Such checks shall take place in the nearest port or at a con-
trol point at sea.

4.

Control procedures

4.1.

Skippers of Community fishing vessels engaged in fishing activities in Madagascar’s waters shall allow and facilitate
boarding and the discharge of their duties by any Malagasy official responsible for the inspection and control of fish-
ing activities.

4.2.

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

4.3. 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 shall be subject to satellite monitoring in line with Appendix 4.

6.

Boarding

6.1.

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

6.2.

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

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7.

Statement of boarding

7.1. After the competent Malagasy authority has drawn up a statement, the skipper of the vessel shall sign it.

7.2.

This signature shall not prejudice the rights of the master or any defence which the master may make to the alleged
infringement. If the skipper refuses to sign this document, he or she shall specify the reasons for doing so in writing
and the inspector shall write ‘refusal to sign’ on it.

7.3.

The skipper shall take the vessel to the port indicated by the Malagasy authorities. In the case of minor infringements,
the competent Malagasy authorities may authorise the boarded vessel to continue fishing.

8.

Consultation meeting in the event of boarding

8.1.

Before any measures regarding the skipper 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 con-
sultation meeting shall be held, within one working day of the receipt of the above information, between the Euro-
pean Commission and the competent Malagasy authorities, possibly attended by a representative of the Member State
concerned.

8.2. At the meeting, the Parties shall exchange any relevant documentation or information helping to clarify the circum-
stances of the established facts. The shipowner or his or her representative shall be informed of the outcome of the
meeting and of any measures resulting from the boarding.

9.

Settlement of boarding

9.1.

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

9.2.

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

9.3.

9.4.

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 lodged by the shipowner with a bank specified by the competent Malagasy authorities.

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 Malagasy 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 9.3 has been lodged and accepted by the competent Malagasy

authorities, pending completion of the legal proceedings.

10.

Transhipment

10.1. All Community vessels wishing to tranship catches in Malagasy waters shall do so in or off Malagasy ports.

10.2. The owners of such vessels must notify the following information to the competent Malagasy authorities at least

24 hours in advance:

— the names of the transhipping fishing vessels,

— the names, OMI numbers and flag of the cargo vessels,

— the tonnage by species to be transhipped,

— the day and place of transhipment.

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10.3. Transhipment shall be considered as an exit from Madagascar’s fishing zone. Skippers of vessels must submit their
catch declarations to the competent Malagasy authorities and state whether they intend to continue fishing or leave
Madagascar’s fishing zone.

10.4. Any transhipment of catches not covered above shall be prohibited in Madagascar’s fishing zone. Any person infring-

ing this provision shall be liable to the penalties provided for by Malagasy law.

11.

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

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Appendices

Licence application form

IOTC logbook

Provisions applicable to the satellite-based vessel monitoring system (VMS) and coordinates of Madagascar’s fishing
zone

1.

2.

3.

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APPENDIX 1

MINISTRY RESPONSIBLE FOR FISHERIES IN MADAGASCAR

New application for or renewal of (1) a licence for foreign industrial fishing vessels:

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I

2
X
D
N
E
P
P
A

y
r
e
h
s
i
f

a
n
u
t

r
o
f

k
o
o
b
g
o
L

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APPENDIX 3

Coordonnées (latitudes et longitudes de la zone pêche (ZP) de Madagascar

(voir aussi carte géographique annexée en appendice 4)

Coordonnées en deg. déc.

Coordonnées en deg. mn

Réf

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

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APPENDIX 4

Madagascar’s fishing zone

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setting out the provisions applicable to satellite monitoring of Community fishing vessels operating
in Madagascar’s EEZ

PROTOCOL (VMS)

1. The provisions of this Protocol supplement the Protocol set-
ting out the fishing opportunities and financial contribution
provided for in the Fisheries Partnership Agreement between
the European Community and the Republic of Madagascar
on fishing off the coast of Madagascar for the period from
1 January 2007 to 31 December 2012 and apply in accor-
dance with point 5 of ‘Chapter VIII — Monitoring’ in the
Annex thereto.

2. All fishing vessels with an overall length exceeding 15 metres
operating under the Fisheries Agreement between the Euro-
pean Community and Madagascar shall be monitored by sat-
ellite when fishing in Madagascar’s EEZ.

For the purposes of the satellite monitoring, the Malagasy
authorities shall communicate to the Community party the
latitude and longitude coordinates of Madagascar’s EEZ.

The Malagasy authorities shall transmit this information in
electronic form, expressed in decimal degrees (WGS 84).

3. The Parties shall exchange information on X.25 addresses
and the specifications for electronic data transmission
between their Control Centres in accordance with points 5
and 7. 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.

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

5. When a vessel which is fishing under the Agreement and is
the subject of satellite monitoring pursuant to Community
legislation enters Madagascar’s EEZ, the subsequent position
reports (vessel
latitude, course
and speed) shall be transmitted immediately by the Control
Centre of the flag State to Madagascar’s Fisheries Monitoring
Centre (FMC) at intervals of no more than three hours. The
messages concerned shall be identified as position reports.

identification,

longitude,

6. The messages specified in point 5 shall be transmitted elec-
tronically in X.25 format, or any other secure protocol. They
shall be communicated in real time in the format set out in
Table II.

7. 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 5 to the Control Centre of the
flag State and Madagascar’s FMC in good time. It will be nec-
essary in those circumstances to send a global position report
at 06:00, 12:00 and 18:00 Madagascar time. This global
position report shall include the position reports as recorded
by the skipper of the vessel on a three-hourly basis in accor-
dance with the requirements laid down in point 5.

The Control Centre of the flag State shall send these messages
to Madagascar’s FMC. The faulty equipment shall be repaired
or replaced within a period of not more than one month.
After this deadline, the vessel in question must leave Mada-
gascar’s EEZ.

8. The Control Centres of the flag States shall monitor the
movements of their vessels in Malagasy waters. If the vessels
are not being monitored in accordance with the conditions
laid down, Madagascar’s FMC shall be informed by the FMC
of the flag State as soon as this is discovered and the proce-
dure laid down in point 7 shall be applicable.

9.

If Madagascar’s FMC establishes that the flag State is not
transmitting the information specified in point 5, the com-
petent European Commission departments shall be informed
immediately.

10. The monitoring data communicated to the other party in
accordance with these provisions is intended solely for the
purposes of the Malagasy authorities in controlling and
monitoring the Community fleet fishing under the Fisheries
Agreement between the European Community and Madagas-
car. Such data may not under any circumstances be commu-
nicated to other parties.

11. The satellite-monitoring system software and hardware com-
ponents shall be reliable and shall not permit the input or
output of false positions or be capable of being manually
overridden.

The system shall be fully automatic and operational at all
times regardless of environmental and weather conditions.
Destroying, damaging, rendering inoperative or tampering
with the satellite-monitoring system shall be prohibited.

Skippers shall ensure that:

— data are not altered in any way,

— the antenna or antennas connected to the satellite-

monitoring equipment are not obstructed,

— the power supply of the satellite-monitoring equipment

is not interrupted, and

— the satellite-monitoring equipment is not removed from

the vessel.

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

13. 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.

14. The Parties agree to review these provisions, as appropriate.

L 331/28

EN

Official Journal of the European Union

17.12.2007

Communication of VMS messages to Madagascar

Position report

Data Element

Code

Mandatory/
Optional

Comments

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

L

C

SP

DA

TI

ER

M

M

M

O

M

M

O

M

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

Unique contracting party number (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 DDMM (WGS-84)

Vessel course 360° scale

Vessel speed in tenths of knots

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

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

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.

COORDINATES OF MADAGASCAR’S FMC

Name of FMC: Centre de Surveillance des Pêches (CSP)

CSP Tel.: 00 261 20 22 404 10

CSP Fax: 00 261 20 22 490 14

CSP E-mail: csp-mprh@blueline.mg

DPRH Tel. and Fax: Direction de la pêche et des ressources halieutiques (DPRH) 00 261 20 22 409 00

DPRH E-mail: mamy.andriantsoa@wanadoo.mg

Address X25 = 134 164 784 14 from FMC-FRANCE

208 034 164 784 14 from FMC-Spain, FMC-Portugal, FMC-Italy

17.12.2007

EN

Official Journal of the European Union

L 331/29

Model declaration of entries/exits:

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EN

Official Journal of the European Union

17.12.2007