Proposal for a COUNCIL DECISION on the conclusion of a new Protocol setting out the fishing opportunities and financial contribution provided for in the Fisheries Partnership Agreement between the European Community and the Union of the Comoros
Date: 2010-10-15
Institutions: European Commission
Subjects: Comoros, cooperation agreement, economic development, fishery management, fishing agreement, fishing area, fishing industry, fishing rights

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EUROPEAN COMMISSION 

Brussels, 15.10.2010 
COM(2010) 565 final 

2010/0287 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the conclusion of a new Protocol setting out the fishing opportunities and financial 
contribution provided for in the Fisheries Partnership Agreement between the 
European Community and the Union of the Comoros 

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EXPLANATORY MEMORANDUM 

Based  on  a  mandate  from  the  Council1,  the  European  Commission  has  negotiated  with  the 
Union of the Comoros to renew the Protocol to the Fisheries Partnership Agreement between 
the  European  Community  and  the  Union  of  the  Comoros,  dated  6  October  2006.  On 
conclusion of these negotiations, a new Protocol was initialled on 21 May 2010 and amended 
by an exchange of  letters  on  16 September 2010. It covers a period of three years from the 
time of the adoption of the Council decision on the signing and on the provisional application 
of the said Protocol and after expiry of the current Protocol on 31 December 2010. 

This procedure is initiated in parallel with the procedures relating to the Council Decision on 
the signing on behalf of the Union and on the provisional application of the Protocol itself, as 
well as to the Council Regulation concerning the allocation of fishing opportunities between 
the Member States of the EU. 

The  Commission’s  negotiating  position  was  based  in  part  on  the  results  of  an  ex-post 
evaluation carried out by external experts. 

The main objective of the Protocol is to define the fishing opportunities offered to vessels of 
the European Union based on the surplus available as well as the financial contribution due, 
separately, for access rights and for sectoral support. 

The objective is  to continue the cooperation between the European Union and the Union of 
the Comoros, thereby creating a partnership framework within which to develop a sustainable 
fisheries policy and sound exploitation of fisheries resources in the Comorian fishing zone, in 
the interests of both Parties. 

The  new  Protocol  is  in  keeping  with  the  two  Parties'  concern  to  strengthen  partnership  and 
cooperation in the fisheries sector using all the financial instruments available. To this end, it 
is recalled that there is a need to create a framework which is favourable to the development 
of investment in this sector and optimising the production of small-scale fisheries. 

The  overall  annual  contribution  of  the  Protocol  of  EUR  1 845 750  over  the  whole  period  is 
based on: a) an annual reference tonnage fixed at 4 850 tonnes for 70 vessels corresponding to 
EUR 315 250 per year, and b) support for the development of the sectoral fisheries policy of 
the  Union  of  the  Comoros  amounting  to  EUR  300 000  per  year.  This  support  meets  the 
objectives of the national fisheries policy. 

With  regard  to  the  fishing  opportunities,  45  tuna  seiners  and  25  surface  longliners  will  be 
authorised to fish. Nevertheless, with regard to the annual assessments of the state of stocks, 
these fishing opportunities could be revised up or down which would lead to a corresponding 
review of the financial contribution. 

The Commission proposes, on this basis, that the Council, with the consent of the Parliament, 
adopt this new Protocol by Decision. 

1 

Decision No 9180/10 of 10 May 2010. 

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2010/0287 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the conclusion of a new Protocol setting out the fishing opportunities and financial 
contribution provided for in the Fisheries Partnership Agreement between the 
European Community and the Union of the Comoros 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 43 in conjunction with Article 218(6)(a) thereof, 

Having regard to the proposal from the Commission2, 

Having regard to the consent of the European Parliament3, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

By  Council  Regulation  No 1563/2006,  the  European  Community  concluded  a 
Fisheries Partnership Agreement with the Union of the Comoros4, 

The European Union then negotiated with the Union of the Comoros a new Protocol to 
the Fisheries  Partnership  Agreement,  providing European Union vessels with  fishing 
opportunities in the waters over which the Comoros has sovereignty or jurisdiction in 
respect of fisheries, 

On conclusion of these negotiations, a Protocol was initialled on 21 May 2010, 

By Council Decision 2010/XXX of […]5, this new Protocol has applied provisionally 
since […], 

(5) 

It is in the European Union's interest to adopt this new Protocol, 

HAS ADOPTED THIS DECISION:  

The Protocol to the Fisheries Partnership Agreement between the European Community and 
the Union of the Comoros, initialled on 21 May 2010, is approved on behalf of the Union6. 

Article 1 

2 
3 
4 
5 

OJ C , , p. . 
OJ C , , p. . 
Council Regulation No 1563/2006 of 6 October 2006 (OJ L 290, 20.10.2006).  
OJ C , , p. . 

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The text of the Protocol is attached to this Decision. 

Article 2 

The  President  of  the  Council,  on  behalf  of  the  Union,  is  hereby  authorised  to  designate  the 
persons empowered to give the notification provided for in Article 14 of the Protocol, in order 
to bind the European Union7. 

Article 3 

This  Decision  shall  take  effect  on  the  day  of  its  publication  in  the  Official  Journal  of  the 
European Union. 

Done at Brussels,  

For the Council 
The President 

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7 

The text of the Protocol as well as the decision on its signing were published in OJ … 
The date of entry into force of the Protocol will be published in the Official Journal of the European 
Union by the General Secretariat of the Council. 

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PROTOCOL  

setting out the fishing opportunities and financial contribution provided for in the 
Fisheries Partnership Agreement between the European Community and the Union of 
the Comoros  

Article 1 
Period of application and fishing opportunities 

1. 

For  a  period  of  three  years,  the  fishing  opportunities  granted  to  vessels  of  the 
European Union under Article 5 of the Fisheries Partnership Agreement shall be as 
follows: 

– 

– 

tuna seiners: 45 vessels 

surface longliners: 25 vessels. 

2. 

Paragraph 1 shall apply subject to Articles 5, 6, 8 and 9 of this Protocol. 

Article 2 
Financial contribution – Methods of payment 

For the period referred to in Article 1, the financial contribution referred to in Article 
7 of the Fisheries Partnership Agreement shall be EUR 1 845 750. 

The financial contribution comprises: 

1. 

2. 

an annual amount for access to the EEZ of the Comoros of EUR 315 250, equivalent 

(a) 
to a reference tonnage of 4 850 tonnes per year, and  

a specific amount of EUR 300 000 per year for the support and implementation of the 

(b) 
sectoral fisheries policy of the Comoros.  

3. 

4. 

5. 

6. 

Paragraph 1 shall apply subject to Articles 3, 4, 5 and 6 of this Protocol and Articles 
12 and 13 of the Agreement. 

The European Union shall pay the financial contribution referred to in paragraph 1 at 
the rate of EUR 615 250 per year during the period of application of this Protocol, 
corresponding  to  the  total  of  the  annual  amounts  referred  to  in  paragraph  2(a)  and 
(b). 

If  the  overall  quantity  of  catches  by  European  Union  vessels  in  Comorian  waters 
exceeds 4 850 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 European Union shall not be more than twice the amount 
indicated in paragraph 2(a) (EUR 630 500). Where the quantities caught by European 
Union 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 days after the entry into force of the Protocol 
for  the  first  year  and  no  later  than  the  anniversary  date  of  this  Protocol  for  the 
following years. 

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7. 

8. 

9. 

1. 

2. 

3. 

4. 

1. 

The  Comorian  authorities  shall  have  full  discretion  regarding  the  use  to  which  the 
financial contribution referred to in paragraph 2(a) is put. 

All  of  the  financial  contribution  indicated  in  Article  2(2)  of  this  Protocol  shall  be 
paid into a Public Treasury account opened with the Comoros central bank, Banque 
Centrale des Comores.  

From this account, the amount corresponding to the financial contribution referred to 
in  Article  2(b)  will  be  transferred  to the  account  TR  5006  opened  with  the  Central 
Bank by the Ministry responsible for fisheries.  

Article 3 
Promotion of responsible and sustainable fishing in Comorian waters  

No later than three months after the entry into force of this Protocol, the Parties shall 
agree,  within  the  Joint  Committee  provided  for  in  Article  9  of  the  Fisheries 
Partnership  Agreement,  on  a  multiannual  sectoral  programme  and  detailed 
implementing rules, in particular: 

(a) 

(b) 

annual and multiannual guidelines for using the financial contribution referred 
to in Article 2(2)(b); 

the  objectives,  both  annual  and  multiannual,  to  be  achieved  with  a  view  to 
introducing,  over  time,  responsible  and  sustainable  fishing,  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 
and sustainable fishing; 

(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 decide on the allocation, if necessary, of an additional 
amount to the part of the financial contribution referred to in Article 2(2)(b) with a 
view  to  implementing  the  multiannual  programme.  This  allocation  shall  be 
communicated to the European Union.  

Where the annual evaluation of the progress made in implementing the multiannual 
sectoral programme so warrants, the European Commission reserves the right, after 
consulting  the  two  Parties  within  the  Joint  Committee,  to  reduce  the  part  of  the 
financial  contribution  referred  to  in  Article  2(2)(b)  of  the  Protocol  with  a  view  to 
adjusting the amount allocated to implementation of the Programme in line with the 
results. 

Article 4 
 Scientific cooperation on responsible fishing  

The  Parties  hereby  undertake  to  promote  responsible  fishing  in  Comorian  waters 
based on the principle of non-discrimination between the different fleets operating in 
those waters. 

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2. 

3. 

4. 

During the period covered by this Protocol, the European Union and the Union of the 
Comoros shall endeavour to monitor the state of fishery resources in the Comorian 
fishing zone. 

The  two  Parties  shall  respect  the  recommendations  and  resolutions  of  the  Indian 
Ocean  Tuna  Commission  (IOTC)  and  undertake  to  promote  cooperation  at 
subregional level on the responsible management of fisheries. 

In accordance with Article 4 of the Agreement, based on the recommendations and 
resolutions  adopted  within  the  IOTC  and  the  best  available  scientific  advice,  the 
Parties shall consult each other within the Joint Committee provided for in Article 9 
of  the  Agreement  and,  where  necessary  after  a  scientific  meeting  and  by  mutual 
agreement,  take  measures  to  ensure  the  sustainable  management  of  fisheries 
resources concerning the activities of European Union vessels. 

Article 5 
Adjustment of fishing opportunities by mutual agreement  

The  fishing  opportunities  referred  to  in  Article  1  may  be  adjusted  by  mutual  agreement 
insofar  as  the  recommendations  and  resolutions  adopted  by  the  IOTC  confirm  that 
this  adjustment  guarantees  the  sustainable  management  of  the  Comorian  fisheries 
resources. In this case the financial contribution referred to in Article 2(2)(a) shall be 
adjusted proportionately and pro rata temporis. However, the total annual amount of 
the financial contribution paid by the European Union shall not be more than twice 
the amount referred to in Article 2(2)(a). 

1. 

2. 

3. 

4. 

Article 6 
New fishing opportunities 

Should  European  Union  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. 

The Parties shall encourage experimental fishing. To this end and on request of one 
of the two Parties, the latter shall consult and determine, on a case-by-case basis, the 
species, conditions and any other relevant parameters. 

The  Parties  shall  carry  out  experimental  fishing  in  accordance  with  the  Comorian 
legislation  in  force  and  according  to  the  agreed  administrative  and  scientific 
provisions, if applicable. The authorisations for experimental fishing shall be granted 
for periods of a maximum of six months. 

Where the Parties consider that the experimental fishing trips have produced positive 
results, the Comorian authorities, in a meeting of the Joint Committee provided for in 
Article 9 of the Agreement, may allocate fishing opportunities for new species to the 
fleet  of  the  European  Union  until  the  expiry  of  this  Protocol.  The  financial 
contribution  referred  to  in  Article  2(2)(a)  of  this  Protocol  shall  consequently  be 
increased.  

Article 7 
Conditions governing fishing activities – Exclusivity clause 

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1. 

2. 

Without prejudice to Article 6 of the Agreement, the fishing vessels flying the flag of 
a Member State of the European Union may fish in Comorian waters only if they are 
in possession of a fishing authorisation issued under this Protocol in accordance with 
the Annex hereto. 

For  the  categories  of  fishing  which  are  not  covered  by  this  Protocol  and  for 
experimental  fishing,  the  Comorian  authorities  may  grant  fishing  authorisations  to 
vessels  of  the  European  Union.  However,  the  granting  of  these  authorisations  is 
governed  by  the  legislation  and  rules  of  the  Union  of  the  Comoros  with  the 
agreement of the two Parties. 

Article 8 

Suspension and review of the payment of the financial contribution 

1. 

The financial contribution as referred to in Article 2(2)(a) and (b) may be revised or 
suspended after consultation within the Joint Committee if: 

Unusual circumstances, other than natural phenomena, prevent fishing activities in the 

(a) 
Comorian EEZ; 

Following significant changes in the policy guidelines which led to the conclusion of 
(b) 
this  Protocol,  one  of  the  two  Parties  requests  a  review  of  the  provisions  with  a  view  to  a 
possible amendment thereof;  

The  European  Union  notes  that  there  has  been  a  violation  in  the  Comoros  of  the 
(c) 
essential  and  fundamental  elements  of  human  rights  as  provided  for  in  Article  9  of  the 
Cotonou Agreement. 

2. 

The European Union reserves the right to suspend, partially or totally, the payment of 
the specific financial contribution provided for in Article 2(2)(b) of this Protocol:  

If the results obtained are inconsistent with the programming, following an evaluation 

(a) 
carried out by the Joint Committee; 

(b) 

In the event of non-payment of this financial contribution. 

3. 

Payment of the financial contribution shall resume after consultation and agreement 
of the two Parties as soon as the situation prior to the events mentioned in paragraph 
1  has  been  re-established,  and/or  if  the  results  of  the  financial  implementation 
referred to in paragraph 2 so warrant.  

Article 9  
Suspension of the implementation of the Protocol 

1. 

The implementation of this Protocol may be suspended at the initiative of one of the 
two Parties after consultation within the Joint Committee if:  

Unusual circumstances, other than natural phenomena, prevent fishing activities in the 

(a) 
Comorian EEZ; 

In the event of significant changes in the policy guidelines which led to the conclusion 
(b) 
of this Protocol, either Party may request a review of the provisions with a view to a possible 
amendment thereof. 

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(c) 
The  European  Union  notes  that  there  has  been  a  violation  in  the  Comoros  of  the 
essential  and  fundamental  elements  of  human  rights  as  provided  for  in  Article  9  of  the 
Cotonou Agreement; 

There is a non-payment of the financial contribution provided for in Article 2(2)(a) by 

(d) 
the European Union, for reasons other than those provided for in Article 8 of this Protocol; 

There  is  a  dispute  between  the  two  Parties  concerning  the  interpretation  of  this 

(e) 
Protocol; 

(f) 

2. 

3. 

4. 

1. 

2. 

One of the two Parties does not comply with the provisions of this Protocol. 

The implementation 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 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 10 
National law 

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

The Comorian authorities shall inform the European Commission of any change or 
any new legislation relating to the fishing sector. 

Article 11 
Duration 

This Protocol and the annex hereto shall apply for a period of three years from the provisional 
application in accordance with Article 13, unless notice of termination is given in accordance 
with Article 12. 

Article 12 
Termination  

1. 

2. 

In the event of termination of the Protocol, the Party concerned shall notify the other 
Party in writing of its intention to terminate it at least six months before the date on 
which such termination would take effect. 

Dispatch  of  the  notification  as  referred  to  in  the  previous  paragraph  shall  open 
consultations between the Parties. 

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This Protocol with its Annex shall be provisionally applied from the date of signature. 

Article 13 
Provisional application 

Article 14 
Entry into force 

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. 

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ANNEX  

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

CHAPTER 1 - APPLICATION AND ISSUE FORMALITIES FOR FISHING AUTHORISATIONS 

1. 

2. 

3. 

4. 

5. 

6. 

7. 

8. 

9. 

Section 1 
Issue of fishing authorisations 

Only  eligible  European  Union  vessels  may  obtain  an  authorisation  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  European  Union.  Furthermore,  they  must  comply  with  the  provisions  of 
Regulation No 1006/2008 on fishing authorisations. 

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

The  relevant  European  Union  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 1. 

All  fishing  authorisation  applications  shall  be  accompanied  by  the  following 
documents: 

– 

– 

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

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. 

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

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

10. 

If  a  fishing  authorisation  is  signed  at  a  time  when  the  European  Union  Delegation 
offices are closed, it shall be sent directly to the vessel's agent and a copy shall  be 
sent to the Delegation. 

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11. 

12. 

13. 

14. 

Fishing authorisations shall be issued for a given vessel and shall not be transferable.  

However, at the request of the European Union and where force majeure is proven, a 
vessel’s  fishing  authorisation  shall  be  replaced  by  a  new  fishing  authorisation  for 
another vessel with similar characteristics to those of the first vessel, with no further 
fee due.  

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

The  new  fishing  authorisation  shall  take  effect  on  the  day  that  the  vessel's  owner 
returns  the  cancelled  fishing  authorisation  to  the  competent  Comorian  authorities. 
The Delegation of the European Union in Mauritius shall be informed of the transfer 
of the fishing authorisation. 

15. 

The  fishing  authorisation  must  be  kept  on  board  at  all  times,  without  prejudice  to 
point 1 of Chapter VI of this Annex. 

1. 

2. 

3. 

4. 

5. 

6. 

Section 2 
Fishing authorisation conditions – fees and advance payments 

Fishing  authorisations  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. 

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

– 

– 

EUR 3 700 per year per tuna seiner, equivalent to the fees due for 106 tonnes 
of tuna caught per year; 

EUR  2 200  per  year  per  surface  longliner,  equivalent  to  the  fees  due  for  63 
tonnes of tuna caught per year. 

The  final  statement  of  the  fees  due  for  the  fishing  year  shall  be  drawn  up  by  the 
European Commission 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. 

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7. 

1. 

2. 

3. 

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. 

Section 3 
Support vessels 

Support vessels must be authorised in compliance with the provisions and conditions 
provided for in Comorian legislation.  

There must be no fee for authorisations issued to support vessels. The latter must fly 
the flag of a Member State of the European Union or be part of a European company.  

The competent Comorian authorities shall send the list of these authorisations to the 
Commission on a regular basis, via the Delegation of the EU in Mauritius. 

CHAPTER II – FISHING ZONES 

To avoid adverse effects on small-scale fisheries in Comorian waters, European Union 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 Union in Mauritius. 

These  provisions  may  be  reviewed  by  the  Joint  Committee  referred  to  in  Article  9  of  the 
Agreement. 

CHAPTER III – MONITORING AND SURVEILLANCE  

Section I  
System for recording catches 

1. 

1.1. 

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: 

European  vessels  authorised  to  fish  in  Comorian  waters  must  fill  out  an  IOTC 
logbook  on  a  daily  basis  for  tuna  fishing  (Appendices  2  and  3)  for  each  trip  in 
Comorian waters. The logbook must still be filled in if there are no catches.  

1.2 

Copies  of  the  IOTC  logbook  for  tuna  fishing  must  also  be  sent  to  the  scientific 
institutes indicated in Chapter I, Section 2, point 4. 

2. 

3. 

4. 

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. 

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

Where  the  provisions  set  out  in  this  Chapter  are  not  complied  with,  the  Comorian 
Government reserves the right to suspend the fishing authorisation of the offending 

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vessel  until  formalities  have  been  completed  and  to  apply  the  penalty  laid  down  in 
current  Comorian  legislation  to  the  shipowner.  The  European  Commission  shall  be 
informed thereof. 

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 1 of Section 2 of Chapter I of this 
Annex  shall  be  transmitted  on  a  physical  medium  to  the  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 Commission at the same 
time. 

The  two  Parties  must  make  every  effort  to  establish  a  system  for  reporting  catches 
based  exclusively  on  the  electronic  exchange  of  all  the  data:  the  two  Parties  shall 
thus  plan  the  rapid  replacement  of  the  paper version of the catch reporting  with an 
electronic version. 

Once  the  electronic  catch  reporting  system  has  been  set  up  and  in  the  event  of  a 
technical  fault  in  this  system,  the  catch  reports  shall  be  done  in  accordance  with 
paragraphs 5 and 6 above until the system is working again. 

Section 2 
Reporting of catches: entering and leaving Comorian waters 

For  the  purposes  of  this  Annex,  the  duration  of  a  trip  by  a  European  Union  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. 

European  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  entering/leaving,  vessels  shall  also  communicate  their  position  and 
the volume and species in catches kept on board. This information should preferably 
be communicated using electronic means in accordance with the model in Appendix 
4, or failing that, by fax with acknowledgments of receipt to the vessel. In the event 
of a technical fault, this information will be communicated by radio.  

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

5. 

6. 

7. 

8. 

1. 

2. 

3. 

4. 

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14 

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5. 

Vessels shall also be informed of the email address, fax and telephone numbers and 
radio coordinates when the fishing authorisation is issued. 

Section 3 
Transhipment and landings 

1. 

1.1 

2. 

3. 

All European vessels wishing to tranship or land catches in Comorian waters shall do 
so within Comorian ports. 

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 or landing fishing vessels, 

the names of the cargo vessels; 

the tonnage by species to be transhipped or landed; 

the day of transhipment or landing;  

the beneficiary of the catches landed.  

Transhipment  and  landing  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  Comorian 
waters. 

Any  transhipment  or  landing  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. 

Section 4 
Satellite monitoring 

European  vessels  must  be  monitored,  inter  alia,  by  the  satellite-based  monitoring  system, 
without discrimination, in accordance with the following provisions.  

1. 

2. 

3. 

4. 

For the purposes of satellite monitoring, the geographic positions of the limits of the 
Comorian fishing zone have been communicated to the representatives or agents of 
the shipowners as well as to the Control Centres of the flag States. 

The Parties shall exchange information on https addresses and the specifications for 
electronic data transmission between their Control Centres in accordance with points 
4  to  6.  Such  information  shall  include  the  following  where  they  exist:  names, 
telephone,  telex  and  fax  numbers,  and  e-mail  addresses  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  Union 
and the Comoros and which is the subject of satellite-based monitoring pursuant to 
European  Union  legislation  enters  the  Comorian  fishing  zone,  the  subsequent 

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15 

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4.1. 

4.2 

4.3 

4.4 

5. 

5.1 

6. 

6.1 

6.2 

6.3 

7. 

8. 

position  reports  shall  immediately  be  transmitted  by  the  Control  Centre  of  the  flag 
State to the Comorian Fisheries Monitoring Centre (CNCSP) at intervals of no more 
than two hours. The messages concerned shall be identified as position reports. 

The  transmissions  may  be  changed  to  intervals  of  no  more  than  30  minutes 
maximum if there is serious evidence that the vessel is in breach of the rules; 

This  evidence  must  be  submitted  by  the  CNCSP  to  the  Control  Centre  of  the  flag 
State as well as to the European Commission. The request to change the intervals for 
the transmissions must be attached. The Control Centre of the flag State should then 
send the data to the CNCSP of the Comoros, in real time, immediately after having 
received the request; 

The CNCSP of the Comoros shall then immediately notify the Control Centre of the 
flag State and the European Commission of the end of the inspection procedure; 

The Control Centre of the flag State and the European Commission must be informed 
about  the  follow-up  to  any  inspection  procedure  which  is  based  on  this  special 
request. 

The messages specified in point 4 shall be transmitted electronically in https format, 
without any further protocol. They shall be communicated in real time in the format 
set out in the table in Appendix 4. 

It is prohibited for vessels to turn off the satellite-monitoring equipment when they 
are operating in Comorian waters. 

Where  the  continuous  satellite  monitoring  equipment  installed  on  board  a  fishing 
vessel  develops  a  technical  fault  or  breaks  down,  the  master  of  the  vessel  shall 
transmit the information specified in point 4 to the Control Centre of the flag State in 
good time. In such circumstances, it will be necessary to send a position report every 
four hours while the vessel is in Comorian waters.  

This  Global  Position  Report  shall  include  the  hourly  positions  as  recorded  by  the 
master of that vessel during those four hours.  

The Control Centre of the flag State or the vessel itself must forward these messages 
to the CNCSP of the Comoros without delay.  

In case of need or doubt, the competent Comorian authorities may request additional 
information from the Control Centre of the flag State about a particular vessel.  

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 satellite-monitoring system software and hardware components shall be tamper-
proof i.e. they must not permit the input or output of false positions or be capable of 
being manipulated. The system shall be fully automatic and operational at all times 
regardless of environmental conditions. Destroying, damaging, rendering inoperative 
or tampering with the satellite-monitoring system shall be prohibited.  

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8.1 

The master of the vessel must ensure in particular that:  

– 

– 

– 

– 

– 

data are not altered in any way; 

the antenna or antennas connected to the satellite-monitoring equipment are not 
obstructed in any way; 

the power supply of the satellite-monitoring equipment is not interrupted in any 
way; 

the  vessel  tracking  device  is  not  removed  from  the  vessel  or  from  the  place 
where it was originally installed; 

any replacement of the vessel tracking device shall be immediately notified to 
the competent Comorian authorities. 

Any violation of the abovementioned obligations may make the master liable under 
the  laws  and  regulations  of  the  Comoros,  provided  that  the  vessel  is  operating  in 
Comorian waters. 

The Control Centres of the flag States shall monitor the movements of their vessels 
in  Comorian  waters.  If  the  vessels  are  not  being  monitored  in  accordance  with  the 
conditions laid down, the CNCSP shall be informed immediately and the procedure 
laid down in point 6 shall be applicable. 

The  Control  Centres  of  the  flag  States  and  the  CNCSP  of  the  Comoros  must 
cooperate to ensure the implementation of these provisions. If the CNCSP establishes 
that  a  flag  State  is  not  transmitting  the  data  in  accordance  with  point  4,  the  other 
Party  must  be  informed  immediately.  Upon  receipt  of  notification,  the  latter  must 
respond  within  24  hours  by  informing  the  CNCSP  of  the  reasons  for  non-
transmission and stating a reasonable deadline for complying with these provisions. 
In the event that these provisions are not complied with within the time limit, the two 
Parties will resolve the dispute in writing or as provided for in point 14 below.  

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  European  Union  fleet  fishing  under  the  Agreement 
between  the  EU/Comoros.  Such  data  may  not  under  any  circumstances  be 
communicated to third parties. 

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. 

The Parties shall agree to review these provisions when appropriate, in particular in 
the event of a malfunction or anomaly relating to the vessels. These cases should be 
notified by the competent Comorian authority to the flag state at least 15 days before 
the review meeting.  

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 between the European Union and the Comoros. 

8.2 

9. 

10. 

11. 

12. 

13. 

14. 

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17 

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1. 

2. 

3. 

4. 

5. 

6. 

7. 

8. 

9. 

CHAPTER IV – EMBARKING SEAMEN  

Each  European  Union  vessel  shall  take  on  board,  at  its  own  expense,  at  least  one 
qualified Comorian seaman during a season in Comorian waters. 

Shipowners shall endeavour to take on board additional ACP 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. 

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. 

The wages of the ACP seamen shall be paid by the shipowners. They shall be fixed 
by mutual agreement between 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  European  Union  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 that seaman on board. 

Where no local seamen are taken on board for reasons other than that referred to in 
the previous point, shipowners shall be obliged to pay, for each day of the fishing trip 
in  Comorian  waters,  a  flat-rate  amount  of  EUR  20  per  day  and  per  vessel.  The 
payment  of  this  amount  shall  take  place  within  the  limits  laid  down  in  point  6  of 
Section 2 of Chapter I 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. 

CHAPTER V – OBSERVERS 

1. 

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. 

EN 

18 

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1.1 

1.2 

1.3 

2. 

3. 

4. 

5. 

6. 

7. 

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 
vessels. 

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 country, 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. 

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

8. 

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

8.1 

8.2 

8.3 

8.4 

observe the fishing activities of the vessels; 

verify the position of vessels engaged in fishing operations; 

note the fishing gear used; 

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

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19 

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8.5 

8.6 

9. 

10 

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. 

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. 

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 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 given 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, within the confines of the structure of the vessel. 

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

CHAPTER VI – MONITORING  

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

1. 

1.1 

1.2 

List of vessels 

The  European  Union  shall  keep  an  up-to-date  list  of  the  vessels  to  which  a  fishing 
authorisation  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.  

European Union 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. In this case, a certified copy of this list may be obtained 

EN 

20 

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by  the  shipowner  and  kept  on  board  instead  of  the  fishing  authorisation  until  the 
authorisation has been issued. 

2. 

Monitoring procedures 

2.1 

2.2. 

2.3. 

2.4. 

2.5 

Masters of European Union 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 monitoring of fishing activities. 

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

Once  the  inspection  and  monitoring  has  been  completed,  a  copy  of  the  inspection 
report shall be provided to the master of the vessel. 

In  order  to  facilitate  safe  inspection  procedures  and  without  prejudicing  Comorian 
legislation,  the  boarding  must  be  carried  out  in  such  a  way  that  the  inspection 
platforms and the inspectors are identified as officers authorised by the Comoros. 

Masters of European fishing vessels engaged in landing  or transhipment operations 
in  a  Comorian  port  shall  allow  and  facilitate  the  inspection  of  such  operations  by 
Comorian inspectors.  

CHAPTER VII - BOARDING 

1. 

Boarding 

1.1 

1.2 

The competent Comorian authorities shall inform the European Commission and the 
flag State, within no more than 24 working hours, of all boardings of and penalties 
imposed on European 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. 

2. 

Statement of boarding 

2.1 

2.2 

2.3 

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 or 
she 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. 

3. 

Consultation meeting in the event of boarding 

3.1 

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, 

EN 

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between  the  European  Commission  and  the  competent  Comorian  authorities, 
possibly attended by a representative of the Member State concerned.  

3.2 

At the meeting, the Parties shall exchange any relevant documentation or information 
helping to clarify the circumstances 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. 

4. 

Settlement of boarding 

4.1 

4.2 

4.3 

4.4 

Before  any  judicial  procedure,  an  attempt  shall  be  made  to  resolve  the  presumed 
infringement by means of an amicable settlement. This procedure shall end 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. This amount should be recorded, signed and 
sent to the European Commission as well as to the flag state.  

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 Comorian 
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 Comorian authorities. 

4.5 

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 4.3 has been lodged and accepted 
by  the  competent  Comorian  authorities,  pending  completion  of  the  legal 
proceedings. 

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Appendices 

1. 

2. 

3. 

4. 

5. 

Application form for a fishing authorisation 

Seiners logbook 

Longliners logbook 

Declaration form for entering and leaving the zone 

Communication of VMS messages to the Comoros – Position report. 

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Appendix 1 

FISHING AUTHORISATION 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 registration: .............................................................................................................  
…………………………………………………………………………………………...........  
Port and registration number:....................................................................................................  
…………………………………………………………………………………………...........  
Fishing vessel external identification:.......................................................................................  
…………………………………………………………………………………………...........  
Radio call sign and frequency: ..................................................................................................  
…………………………………………………………………………………………...........  
Length of vessel: .......................................................................................................................  
…………………………………………………………………………………………...........  
Width of vessel:.........................................................................................................................  
…………………………………………………………………………………………...........  
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..................................................................  

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Appendix 2. MODEL FISHING FORM FOR TUNA SEINERS 

DEPART / SALIDA / DEPARTURE 

ARRIVEE / LLEGADA / ARRIVAL 

NAVIRE / BARCO / VESSEL 

PATRON / PATRON / MASTER 

FEUILLE 

PORT / PUERTO / PORT 
DATE / FECHA / DATE 
HEURE / HORA / HOUR 
LOCH / CORREDERA / LOCH 

PORT / PUERTO / PORT 
DATE / FECHA / DATE 
HEURE / HORA / HOUR 
LOCH / CORREDERA / LOCH 

HOJA / SHEET N° 

CALEE 
LANCE 
SET 

DATE 

FECHA 
DATE 

POSITION  (chaque  calée  ou 
midi) 

POSICION 
mediadia) 

POSITION 
midday) 

(cada 

lance  o 

(each  set  or 

CAPTURE ESTIMEE 
ESTIMACION DE LA CAPTURA 
ESTIMATED CATCH 

ASSOCIATION 
ASSOCIACION 
ASSOCIATION 

COMMENTAIRES 
OBSERVATIONES 
COMMENTS 

COURANT 
CORRIENTE 
CURRENT 

1 
ALBACORE 

RABIL 
YELLOWFIN 

2 
LISTAO 
LISTADO 
SKIPJACK 

3  

PATUDO 

PATUDO 
BIGEYE 

AUTRE 
ESPECE 
préciser le/les nom(s) 

REJETS  préciser  le/les 
nom(s) 

OTRA  ESPECIE  dar 
el/los nombre(s) 

DESCARTES  dar  el/los 
nombre(s) 

OTHER  SPECIES  give 
name(s) 

DISCARDS 
name(s) 

give 

Taille 
Talla 
Size 

Capture
Captura
Catch 

Taille 
Talla 
Size 

Capture
Captura
Catch 

Taille 
Talla 
Size 

Capture
Captura
Catch

Nom 
Nombre 
Name 

Taille 
Talla 
Size 

Capture
Captura
Catch

Nom 
Nombre 
Name 

Taille 
Talla 
Size 

Capture
Captura
Catch

Une calée par ligne / Uno lance cada línea / One set by line 

Route/Recherche, problèmes divers,
type d'épave (naturelle/artificielle, 
balisée, bateau), prise accessoire, taille
du banc, autres associations, … 
Ruta/Busca, problemas varios, tipo de
objeto (natural/artificial, con baliza, 
barco), captura accesoria, talla del 
banco, otras asociaciones, … 
Steaming/Searching, miscellaneous
problems, log type (natural/artificial,
with radio beacon, vessel), by catch,
school size, other associations, …

SIGNATURE 

DATE 

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Appendix 3. MODEL FISHING FORM FOR TUNA LONGLINERS 

Gear configuration / configuration de l'engin

Branc h line length / Longueur 
des  avancons  (m)
Float line length / longueur des 
ralingues  de flotteurs (m)
Length between branch lines / 
longueur entre les avancons 

T ype of weight / type de poids

(cid:43) whole / entier
(cid:43)

proc es sed / trans formé

For each haul, the catches must be indicated in number and weight (kg) respectively in the upper and lower rows 

Dat e  

P osit ion

T unas /   tho ns

B il lf ishes /   Po rt es-ˇpˇe

S ha rks  /  requin s

L a tit ud e

L o n git u de

D e gr e e  / 
D eg r ˇs  ą

N S

De g re e  / 
D eg r ˇ s  ą

N     S

N     S

N     S

N     S

E W  

E     W

E     W

E     W

E     W

s o ut h er n  b lue f in  / 
th o n  r ou g e

a lba c or e  / 
ge r m on

b ig e ye  / 
pa tu d o

ye llow fin   / 
a lba c or e

s kip ja c k  / 
list ao

S wo r df ish  /  
e sp a do n

S tr ip pe d  m a r lin  / 
m a r lin  r ay ˇ

b lue   mar lin  /  
m ar lin  b le u

b la ck  ma r lin  
/ m ar lin  n oi r

Sa ilfis h  / 
vo ilier

Sh or t bill 
s pe a rf ish   / 
m ar lin  (cid:31)   ro st r e 
c ou r t

Blu e  s ha r k  / 
Pea u  b le ue

P or b ea g le  / 
r e qu in  t au p e

M ak o  /  
p e tite  
t au p e

O th er   / 
a u tr es

   f or  d at es ,  us e  t he  Y Y Y Y / M M / DD   f orm a t  /   po ur  le s  da te s,   ut il ise r l e  f orm at   A A A A / M M / JJ
ą  f or  po si ti on s,  u se  t he   fo rm a t:   /  p ou r l es  p osi t ion s,   ut il ise r  le  f o rm at Ź :  X X (cid:31) X X '
**  f o r S S T ,  us e  a  va lu e  wi th  o ne   de cim a l  p oin t  /   po ur  l a  S S T ,  u t ili ser  u ne  v al eu r (cid:31)   un e  dˇc im a le

EN 

26 

EN 

 
  
 
 
 
 
 
 
Model table for monitoring the activity of Community fishing vessels in Comorian waters 

Flag state  Name of 
vessel  

Sign of 
vessel  

Year 

Category 
(seiner, 
longliner) 

Authorisa
tion 

Entry in 
zone 

Exit out 
of zone 

Fishin
g days 
(VMS)

Catches 

VMS Remarks 

Appendix 4 

EN 

27 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
COMMUNICATION OF VMS MESSAGES TO THE COMOROS 

Appendix 5 

POSITION REPORT 

Data Element 

Code Mandatory/
Optional 

Comments 

Start record 
Recipient 
From 
Type of message 
Radio call sign 
Contracting Party 
internal reference 
number 
External registration 
number 
Flag State 
Latitude 

Longitude 

Date 

Time 

End record 

SR 
AD 
FS 
TM 
RC 
IR 

XR 

FS 
LA 

LO 

DA 

TI 

ER 

O 
O 
O 
O 
O 
F 

F 

F 
O 

O 

O 

O 

O 

System detail – indicates start of record 
Message detail – addressee. Alpha 3 ISO country code 
Message detail – sender. Alpha 3 ISO country code 
Message detail - Message type 'POS'  
Vessel detail – international radio call sign of vessel 
Vessel detail - Unique contracting Party number (flag 
State ISO-3 code followed by number) 

Vessel detail – number marked on side of vessel 

Flag state detail 
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 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 the code 'SR' indicate the start of the message; 

a double slash (//) and a code indicate the start of a data element; 

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

pairs of data are separated by a space; 

the code 'ER' and a double slash (//) at the end indicate the end of a record. 

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

EN 

28 

   EN 

 
LEGISLATIVE FINANCIAL STATEMENT 

1. 

TITLE OF THE PROPOSAL: 

Proposal  for  a  Council  decision  on  the  conclusion  of  a  new  Protocol  setting  out  the  fishing 
opportunities and financial contribution provided for in the Fisheries Partnership Agreement 
between the European Community and the Union of the Comoros. 

2. 

ABM/ABB FRAMEWORK (ACTIVITY-BASED  MANAGEMENT/ESTABLISHMENT  OF 
THE BUDGET) 

11. Maritime Affairs and Fisheries 

1103. International fisheries and law of the sea 

3. 

BUDGET LINES 

3.1. 

Budget lines: 

110301: International fisheries agreements 

11010404:  International  fisheries  agreements  —  Expenditure  on  administrative 
management 

3.2. 

Duration of the action and of the financial impact: 

The Protocol to the Fisheries Agreement between the European Community and the 
Union of the Comoros expires on 31 December 2010. The new Protocol is concluded 
for a duration of three years from the entry into force of the Council decision on the 
provisional application of the said Protocol and after expiry of the current Protocol 
on 31 December 2010. 

The  Protocol  lays  down  the  financial  contribution,  the  fishing  categories  and  the 
conditions for fishing by EU vessels in the Comorian fishing zones. 

4. 

SUMMARY OF RESOURCES 

4.1. 

Financial resources 

4.1.1.  Summary of commitment appropriations (CA) and payment appropriations (PA) 

EUR million (to 5 decimal places) 

EN 

29 

   EN 

 
 
 
Type of 
expenditure 

Section 
No 

2011 

2012 

2013 

Total 

8.1 

a 

8.2.4 

b 

c 

a+
c 

b+
c 

See 
footnote
s8 and9. 

See 
footnote
s8 and9. 

See 
footnote
s8 and9. 

See 
footnote
s8 and9. 

0,61525

0, 61525

0, 61525 

1,84575

0,61525

0, 61525

0, 61525 

1,84575

0,01920

0,01920

0,05920 

0,09760

0,63445

0,63445

0,67450 

1,94335

0,63445

0,63445

0,67450 

1,94335

8.2.5 

d 

0,06710

0, 06710

0,06710 

0,20130

8.2.6 

e 

0,02500

0,02500

0,02500 

0,07500

Commitment 
appropriations 
(CA) 

Payment 
Appropriations 
(PA) 

Technical and 
administrative 
assistance - ATA 
(NDA) 

Commitment 
appropriations 

Payment 
appropriations 

Human resources 
and associated 
expenditure 
(NDA) 

Administrative 
costs other than 
human resources 
and associated 
expenditure, not 
included in 
reference amount 

8 

9 

The  financial  contribution  comprises:  a)  an  annual  amount  for  access  to  the  EEZ  of  the  Comoros  of 
EUR 315 250, equivalent to a reference tonnage of 4 850 tonnes per year, and b) a specific amount of 
EUR  300 000  per  year  for  the  support  and  implementation  of  the  sectoral  fisheries  policy  of  the 
Comoros.  If  the  overall  quantity  of  catches  by  European  Union  vessels  in  Comorian  waters  exceeds 
4 850 tonnes per year, the total amount of the annual financial contribution shall be increased by EUR 
65 for each additional tonne caught. However, this amount may not exceed EUR 630 500 per year. 
In accordance with the Protocol, the fishing opportunities may be adjusted by mutual agreement insofar 
as the recommendations and resolutions adopted by the IOTC confirm that this adjustment guarantees 
the  sustainable  management  of  the  Comorian  fisheries  resources.  However,  the  financial  contribution 
may, however, only be increased subject to budgetary possibilities. 

EN 

30 

   EN 

 
 
 
 
 
 
 
 
 
 
 
                                                 
Total CA 
including cost of 
human resources 

Total PA 
including cost of 
human resources 

See 
footnote
s8 and9. 

See 
footnote
s8 and9. 

a+ 
c+ 
d+ 
e 

b+ 
c+ 
d+ 
e 

Part-financing details: no part-financing 

Part-financing 
body 

f 

TOTAL CA 

with 
financing 

part-

a + c + d + e + f 

See 
footnotes
8 and9 

0,72655

0,72655

0,76655 

2,21965

0,72655

0,72655

0,76655 

2,21965

EUR million (to 5 decimal places) 

2011 

2012 

2013 

Total 

0,72655

0,72655

0,76655 

2,21965

4.1.2.  Compatibility with financial programming 

X 

Proposal is compatible with existing financial programming. 

(cid:133) 

(cid:133) 

Proposal  will  entail  programming  of  the  relevant  heading  in  the  financial 
perspective. 

Proposal  may  require  application  of  the  provisions  of  the  Interinstitutional 
Agreement10 (i.e. flexibility instrument or revision of the financial perspective). 

4.1.3.  Financial impact on revenue 

X 

Proposal has no financial impact on revenue. 

(cid:133) 

Proposal has financial impact – the effect on revenue is as follows: 

Note: All details and observations relating to the method of calculating the effect 
on revenue should be shown in a separate annex. 

EUR million (to 5 decimal places) 

10 

See points 19 and 24 of the Interinstitutional Agreement. 

EN 

31 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
Budget 
line 

Revenue 

Prior to 

action 
[Year n-1] 

(a)  Revenue 
terms 

in  absolute 

b) Change in revenue 

 ∆ 

[Year n] 

Budget 
line 

Revenue 

(a)  Revenue 
in  absolute 
terms 

b) Change in 
revenue 

(Please specify each revenue budget line involved, adding the appropriate number 
of rows to the table if there is an effect on more than one budget line.) 

4.2. 

Human Resources, FTE (including officials, temporary and external staff) – see 
details under point 8.2.1. 

Annual requirements 

2011 

2012 

2013 

Total number of human 
resources 

0,85 

0,85 

0,85 

5. 

CHARACTERISTICS AND OBJECTIVES 

5.1. 

Need to be met in the short or long term 

The current Protocol to the Fisheries Agreement between the European Community 
and  the  Union  of  the  Comoros  expires  on  31  December  2010.  The  new  Protocol 
should cover the period from 1 January 2011 to 31 December 2013, provided that the 
procedure  relating  to  the  adoption  of  the  Council  decision  on  the  provisional 
application  of  the  Protocol,  launched  in  parallel  to  this  procedure,  is  completed 
before the deadline of 31 December 2010. 

The main objective of the new Protocol is to strengthen cooperation between the EU 
and the Comoros with a view to promoting the development of a sustainable fisheries 
policy  and  the  rational  exploitation  of  fisheries  resources  in  the  Comorian  fishing 
zone. The main elements of the new Protocol are: 

- 

Fishing  opportunities:  with  an  annual  reference  tonnage  of  4 850  tonnes, 
45 tuna  seiners  and  25  longliners  will  be  allocated  as  follows  (based  on  the 
method  of  allocating  the  fishing  opportunities  in  the  previous  Protocol, 
applications  by  the  Member  States  and  the  historical  rates  of  utilisation  by 
Member State and by category): 

• 

tuna seiners: France: 22, Spain: 22, Italy: 1 

EN 

32 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
- 

- 

• 

longliners: Spain: 12, Portugal: 5, France: 8 

Annual financial contribution: EUR 615 250 

Advances and fees payable by shipowners11: EUR 35 per tonne of tuna caught 
in the Comorian fishing zone. The annual advances are fixed at EUR 3 700 per 
tuna seiner and EUR 2 200 per longliner.  

5.2. 

Added  value  of  European  Union  involvement  and  coherence  of  the  proposal 
with other financial instruments and possible synergy 

Regarding this new Protocol, if the EU does not act, private agreements will spring 
up which would not guarantee sustainable fisheries. The European Union also hopes 
that with this Protocol, the Comoros will continue to cooperate effectively with the 
EU in regional bodies such as the Indian Ocean Tuna Commission (IOTC), the South 
West Indian Ocean Fisheries Commission (SWIOFC) and the Southern Indian Ocean 
Fisheries Agreement (SIOFA) for the management of the high seas fishery resources 
in  the  south  of  the  Indian  Ocean.  The  funds  of  the  Protocol  will  also  enable  the 
Comoros to consolidate and improve their active participation in the Regional Plan 
for  Fisheries  Surveillance  in  the  south-west  Indian  Ocean,  financed  by  DG  MARE 
and implemented by the Indian Ocean Commission. 

5.3. 

Objectives, expected results and related indicators of the proposal in the context 
of the ABM framework 

The negotiation and conclusion of fisheries agreements with third countries meets the 
general objective of maintaining and safeguarding the traditional fishing activities of 
the European Union fleet, including the distant-water fleet, and developing relations 
in a spirit of partnership with a view to strengthening the sustainable exploitation of 
fishery  resources  outside  EU  waters,  taking  account  of  environmental,  social  and 
economic concerns. 

The following indicators will be used in the context of the ABM for the purposes of 
monitoring implementation of the Agreement: 

• 
• 

• 
• 
• 

• 

monitoring the utilisation rate of the fishing opportunities; 
gathering  and  analysing  data  on  catches  and  the  commercial  value  of  the 
Agreement; 
contribution to employment and to added value in the EU; 
contribution to stabilising the EU market; 
contribution  to  the  general  objectives  of  reducing  poverty  in  the  Comoros, 
including  the  contribution  to  employment,  development  of  infrastructure  and 
support for the State budget; 
number of technical meetings and meetings of the Joint Committee. 

5.4.  Method of implementation (indicative) 

X 

Centralised management 

11 

Advances and fees payable by shipowners do not have an impact on the Community budget. 

EN 

33 

   EN 

 
                                                 
X  Directly by the Commission 

6. 

MONITORING AND EVALUATION 

6.1. 

Control system 

The Commission (DG MARE, in collaboration with the Delegation of the European 
Union to Mauritius, responsible for Mauritius, the Seychelles and the Comoros) will 
ensure  regular  monitoring  of  the  implementation  of  this  Protocol,  particularly  in 
terms of its use by operators and catch data. 

6.2. 

Assessment 

A thorough evaluation was carried out on the Protocol for 2005-2010, ending in May 
2010, with the assistance of a consortium of independent consultants, with a view to 
the possible launch of negotiations on a new Protocol.  

6.2.1.  Ex-ante evaluation 

The evaluation identified the following points of interest for the EU: 

- 

- 

By meeting the needs of the European fleets, the fisheries agreement with the 
Comoros could help support the viability of the EU tuna industry in the Indian 
Ocean. 

The  Protocol  is  deemed  to  be  capable  of  contributing  to  the  viability  of 
European  industries  by  offering  European  Union  vessels  and  the  industries 
which depend on them a stable legal environment and medium-term visibility.  

As  regards  the  interests  of  the  Comoros  in  the  context  of  the  Protocol,  the  main 
conclusions of the evaluation were: 

– 

– 

the  Fisheries  Agreement  can  help  strengthen  institutional  capacities  in  the 
fisheries  sector,  by 
improving  research,  and  monitoring,  control  and 
surveillance  activities,  as  well  as  training  and  the  viability  of  the  small-scale 
fishing sector; 

the  Fisheries  Agreement  will  also  have  a  major  impact  on  the  country’s 
budgetary and political stability. 

In addition to the direct commercial value of the catches for the vessels involved, the 
agreement could yield the following manifest benefits: 

- 

- 

- 

guaranteed jobs on board fishing vessels; 

multiplier effect on employment in ports, auction markets, processing factories, 
shipyards, service enterprises etc.; 

location  of  these  jobs  in  regions  where  there  are  no  other  employment 
possibilities; 

EN 

34 

   EN 

 
- 

contribution to the supply of fish to the EU. 

- Added value of European Union involvement:  

The  existence  of  a  European  Union  agreement  imposing  a  binding  regulatory 
framework on both Parties guarantees the sound management of fish stocks, which is 
not always the case with private agreements.  

The Fisheries Agreement also creates jobs for seamen from the European Union and 
the third country. Moreover, the Fisheries Agreement guarantees a substantial share 
of  resources  to  the  sectoral  fisheries  policy  in  the  Comoros.  As  a  result  of  this 
Fisheries  Agreement,  monitoring,  control  and  surveillance  activities  will  also  be 
strengthened. 

- Risks and alternative options: 

There  is  some  risk  in  setting  up  a  fisheries  protocol,  for  example:  the  amounts 
intended  to  finance  the  sectoral  fisheries  policy  might  not  be  allocated  as  agreed 
(under-programming).  To  avoid  these  risks,  extensive  dialogue  is  planned  on  the 
programming and implementation of the sectoral policy.  

6.2.2.  Ex-ante estimate of the economic value of the Agreement and the EU's financial 

contribution 

The  financial  contribution  under  the  Protocol  totals  EUR 615 250  per  year  for  the 
period  2011-13.  This  amount  is  composed  of  a  part  relating  to  access  rights  to 
Comorian waters for EU vessels amounting to EUR 315 250 per year, equivalent to a 
reference tonnage of 4 850 tonnes per year, and of support for the development of the 
fishing sector amounting to EUR 300 000 per year. 

The financial contribution of the previous Protocol, amounting to EUR 390 000 per 
year, corresponded only to the equivalent of the fishing rights, without any support 
for  the  development  of  the  sector.  The  addition  of  an  additional  budget  for 
supporting the fishing sector has therefore resulted in a relatively significant increase 
in  the  total  financial  contribution  of  the  new  Protocol  compared  with  the  previous 
one.  

The addition of this budget can be justified because of the needs of the Union of the 
Comoros  to  implement  a  sustainable  and  responsible  fishing  policy  in  terms  of 
management of stocks and good governance of the sector. 

6.2.3.  Measures  taken  following  an  intermediate/ex-post  evaluation  (lessons  learned 

from similar experiences in the past) 

The  evaluation  report12  indicates  that  the  Agreement  makes  a  positive  contribution 
towards  the  presence  of  tuna  seiners,  but  has  only  a  very  minor  impact  on  the 
presence of longliners. The contribution of the agreement to making the activities of 
the EU fleet safe has proved to be important for the tuna segment, even if catches can 
only be made for a few months of the year.  

12 

Ex-post evaluation of the 2005-2010 Protocol and ex-ante evaluation of the future Protocol. 

EN 

35 

   EN 

 
                                                 
The  new  Agreement  has  taken  these  recommendations  into  account  by  confirming 
the issue of fishing authorisations to the tuna category alone.  

The financial contribution allocated to the implementation of initiatives taken in the 
context of the sectoral fisheries policy drawn up by the Government of the Comoros 
will be subject to a multiannual sectoral programme relating to this financial support. 
This programming will be carried out by means of a strong and permanent dialogue 
between the Parties. 

6.2.4.  Terms and frequency of future evaluations 

Following on  from  the  study finalised  in May  2010 (see points  6.2.1 and 6.2.3), in 
order  to  ensure  sustainable  fishing  in  the  region,  an  evaluation  of  the  economic, 
social and environmental impact will be made each time a protocol is renewed in the 
future.  The  indicators  listed  in  point  5.3  will  be  used  to  carry  out  an  ex-post 
evaluation. 

7. 

ANTI-FRAUD MEASURES 

The use to which the financial contribution paid by the EU under the Agreement is 
put is entirely at the discretion of the sovereign third country concerned. 

Nevertheless,  the  Commission  undertakes  to  try  and  establish  permanent  political 
dialogue  and  cooperation  with  a  view  to  improving  the  management  of  the 
Agreement  and  strengthening  the  EU’s  contribution  to  the  sustainable  management 
of resources. 

In any case, any payment which the Commission makes under a Fisheries Agreement 
is subject to its standard rules and budgetary and financial procedures. This makes it 
possible, in particular, to fully identify the bank accounts of the third countries into 
which the financial contribution is paid. 

EN 

36 

   EN 

 
8. 

DETAILS OF RESOURCES 

8.1. 

Objectives of the proposal in terms of their financial cost 

2011 

2012 

2013 

TOTAL 

Commitment appropriations in EUR million (to five decimal places) 

Type of output 

Number 
outputs 

of 

Total  cost 
for the EU 

Number 
outputs 

of 

Total 
for the EU 

cost 

Number 
outputs 

of 

Total  cost 
for the EU 

Number 
outputs 

of 

cost 

Total 
for the EU 

OPERATIONAL OBJECTIVE No 113: 
To  obtain 
in 
fishing  opportunities 
exchange for a financial contribution 

Action 1 

Output 1 

Reference 
tonnage; 
Maximum  number  of 
authorisations 
fishing 
per 
fishing 
authorisation period 

fishing 

4850;  
70 
authorisation
s  

0,31525 

4850;  
fishing 
70 
authorisations 

0, 31525 

4850;  
fishing 
70 
authorisations

0, 31525 

0,94557 

fishing 

4850;  
70 
authorisation
s 

OPERATIONAL  OBJECTIVE  No  2: 
Specific contribution dedicated to support 
for the Comorian fishing sector 

Action 2 

Output 2 

13 

As described in Section 5.3. 

EN 

0,30000 

0,30000 

0,30000 

0,90000 

37 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
8.2. 

Administrative expenditure 

Needs  in  human  and  administrative  resources  will  be  met  inside  the  appropriation 
allocated  to  the  managing  DG  within  the  framework  of  the  annual  allocation 
procedure. 

8.2.1.  Number and type of human resources 

Types of employment 

Staff  to  be  assigned  to  management  of  the  action  using  existing  and/or 
additional resources (number of posts/FTEs) 

2011 

2012 

2013 

Officials  and  temporary 
staff14 (11 01 01) 

A*/AD 

0,25 

0,25 

0,25 

B*, 
C*/AST 

0,3 

0,3 

0,3 

Staff financed15 by Art. 11 01 02 

Other  staff  financed16  by  Art.  11  01 
04 04 

0,3 

0,3 

0,3 

TOTAL 

0,85 

0,85 

0,85 

8.2.2.  Description of tasks deriving from the action 

- 

Assisting  the  negotiator  to  prepare  and  conclude  the  negotiation  of  fisheries 
agreements: 

- 

- 

- 

- 

taking  part  in  negotiations  with  third  countries  to  conclude  fisheries 
agreements; 

preparing  draft  evaluation  reports  and  negotiation  strategy  notes  for  the 
Commissioner; 

presenting  and  defending  the  Commission's  position  in  the  Council's 
Working Party on External Fisheries; 

taking part in the search for a compromise with the Member States to be 
included in the final text of the Agreement. 

- 

Monitoring the implementation of agreements: 

- 

daily monitoring of fisheries agreements; 

14 
15 
16 

Cost of which is NOT covered by the reference amount. 
Cost of which is NOT covered by the reference amount. 
Cost of which is included in the reference amount. 

EN 

38 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
- 

- 

- 

- 

- 

preparing  and  checking  the  commitment  and  payment  of  the  financial 
contribution and of any specific supplementary contributions; 

regular reporting on the implementation of agreements; 

evaluating agreements: scientific and technical aspects; 

preparing  the  draft  proposal  for a  Council  Regulation  and  Decision  and 
drafting the text of the Agreement; 

launching and monitoring adoption procedures. 

- 

Technical assistance: 

- 

preparing the Commission's position for the Joint Committee. 

- 

Inter-institutional relations: 

- 

- 

representing 
Parliament and the Member States in the negotiation process; 

the  Commission  before 

the  Council, 

the  European 

writing  the  replies  to  oral  and  written  questions  from  the  European 
Parliament. 

- 

Interdepartmental consultation and coordination: 

- 

- 

liaising  with  the  other  Directorates-General  on  matters  relating  to  the 
negotiation and monitoring of agreements; 

organising and responding to interdepartmental consultations. 

- 

Evaluation: 

- 

- 

taking part in updating the impact assessment; 

analysing the objectives achieved and evaluation indicators. 

EN 

39 

   EN 

 
8.2.3.  Sources of human resources (statutory) 

(When more than one source is stated, please indicate the number of posts originating from 
each of the sources). 

X 

(cid:133) 

(cid:133) 

(cid:133) 

(cid:133) 

Posts currently allocated to the management of the programme to be replaced 
or extended 

Posts pre-allocated within the APS/PDB exercise for the year 2011 

Posts to be requested in the next SPA/PDB procedure 

Posts  to  be  redeployed  using  existing  resources  within  the  service  concerned 
(internal redeployment) 

Posts required for year n although not foreseen in the APS/PDB exercise of the 
year in question 

8.2.4.  Other administrative expenditure included in reference amount 

(11 01 04/05 – Expenditure on administrative management) 

In EUR  

TOTAL 

2011 

2012 

2013 

Budget line: 11010404 

(number and heading) 

1. Technical and administrative 
assistance (including related staff costs) 

Executive Agencies17 

Other technical and administrative 
assistance: 

- intra muros18  

- extra muros19 

19 200  19 200  19 200 

57 600 

40 000 

40 000 

Total technical and administrative 
assistance 

19 200  19 200  59 200 

97 600 

17 

18 

19 

Reference should be made to the specific legislative statement for the Executive Agency/Agencies concerned. 
This expenditure relates to a fisheries expert post (contract staff member) based at the Delegation of the 
EU to Mauritius financed from budget line 11 01 04 04. 
This expenditure concerns an ex-post evaluation study of the Protocol, see paragraph 6.2.4. 

EN 

40 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
8.2.5  Cost of human resources and associated costs not included in the reference amount 

In EUR 

Type of human resources 

2011 

2012 

2013  TOTAL 

Officials 
(11 01 01) 

and 

temporary 

staff 

67 100 

67 100 

67 100 

201 300 

Staff  financed  by  Art.  XX  01  02 
(auxiliary, SNE, contract staff, etc.) 

(specify budget line) 

Total  cost  of  human  resources  and 
associated  costs  (NOT  included  in 
the reference amount) 

67 100 

67 100 

67 100 

201 300 

Calculation – Officials and contract staff 

Reference should be made to Point 8.2.1, if applicable 

- 

1 AD = EUR 122 000 x 0.25 = EUR 30 500 

1 AST = EUR 122 000 x 0.15 = EUR 18 300 

1 AST = EUR 122 000 x 0.15 = EUR 18 300 

Subtotal: EUR 67 100 (EUR 0.0671 million per year) 

[The costs of the contract staff at the Mauritius Delegation, EUR 64 000*0.3 = EUR 19 200, 
are  indicated  in  point  8.2.4  as  they  form  part  of  the  'Other  administrative  expenditure' 
included in the reference amount.] 

Total: EUR 86 300 per year (EUR 0.0863 million per year) 

Calculation – Staff financed under Article XX 01 02 

Reference should be made to Point 8.2.1, if applicable 

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41 

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8.2.6  Other administrative expenditure not included in reference amount 

2011 

2012 

2013  TOTAL 

In EUR 

11 01 02 11 01 – Missions 

15 000 

15 000 

15 000 

45 000 

10 000 

10 000 

10 000 

30 000 

11  01  02  11  02  –  Meetings  and 
conferences 

XX 01 02 11 03 – Committees20 

XX  01  02  11  04  –  Studies  and 
consultations 

XX  01  02  11  05  –  Information 
systems 

Total 

2. 
expenditure (XX 01 02 11) 

other  management 

3.  Other 
administrative 
including reference to budget line) 

expenditure 
nature 

of 
an 
(specify, 

Total  administrative  expenditure, 
other  than  human  resources  and 
associated  costs  (NOT  included  in 
reference amount) 

25 000 

25 000 

25 000 

75 000 

20 

Specify the type of committee and the group to which it belongs. 

EN 

42 

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