Proposal for a COUNCIL DECISION on the conclusion of the Protocol agreed between the European Union and the Republic of Madagascar setting out fishing opportunities and the financial contribution provided for in the Fisheries Partnership Agreement between the two parties currently in force
Date: 2012-09-19
Institutions: European Commission
Subjects: Madagascar, financial compensation of an agreement, fishing agreement, protocol to an agreement

EUROPEAN COMMISSION 

Brussels, 19.9.2012  
COM(2012) 505 final 

2012/0238 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the conclusion of the Protocol agreed between the European Union and the Republic 
of Madagascar setting out fishing opportunities and the financial contribution provided 
for in the Fisheries Partnership Agreement between the two parties currently in force 

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EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

On  the  basis  of  a  mandate  from  the  Council1,  the  European  Commission  has  conducted 
negotiations  with  the  Republic  of  Madagascar  with  a  view  to  renewing  the  Protocol  to  the 
Fisheries  Partnership  Agreement  between  the  European  Community  and  the  Republic  of 
Madagascar. At the end of those negotiations, a new Protocol was initialled on 10 May 2012. 
The new protocol covers a period of two years from the date of its signature. 

The  primary  objective  behind  the  Protocol  is  to  define  the  fishing  opportunities  for  tuna 
vessels from the European Union in the waters of Madagascar, in line with scientific advice 
and  other  resolutions  issued  by  the  relevant  Regional  Fisheries  Organisation,  namely  the 
Indian Ocean Tuna Commission (IOTC).  

The overall aim is to reinforce cooperation between the European Union and the Republic of 
Madagascar,  thereby  consolidating  the  partnership  framework  within  which  to  develop  a 
sustainable  fisheries  policy  and  sound  exploitation  of  fishery  resources  in  Madagascar’s 
fishing zone, in the interests of both Parties.  

Specifically, the protocol provides for fishing opportunities for 96 vessels, divided as follows: 

–  40 tuna seiners 

–  34 surface longliners with a tonnage greater than 100 GT 

–  22 surface longliners with a tonnage less than 100 GT  

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

2. 

RESULTS OF CONSULTATIONS WITH THE INTERESTED PARTIES AND 
IMPACT ASSESSMENTS 

The Member States were consulted ahead of the negotiations in the framework of the Council 
Working  Party  on  Fisheries  and  also  in  the  framework  of  technical  meetings.  These 
consultations  concluded  that  it  would  be  beneficial  to  maintain  a  fishing  protocol  with 
Madagascar. The Commission has also based its work on, inter alia, the results of an ex-post 
assessment by independent external experts, which was finalised in November 2011. 

3. 

LEGAL ELEMENTS OF THE PROPOSAL 

This  procedure  is  being  initiated  in  parallel  with  the  procedures  relating  to  the  Council 
Decision  adopting  the  provisional  application  of  the  Protocol  itself,  as  well  as  with  the 

1 

Adopted on 24 April 2012 by the General Affairs Council.  

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Council Regulation concerning the allocation of the fishing opportunities among the Member 
States of the EU. 

4. 

BUDGETARY IMPLICATION  

total  financial  contribution  under 

The 
to  EUR 3 050 000  (i.e. 
EUR 1 525 000 per annum). This amount corresponds to: a) an annual amount for access to 
the  Malagasy  fishing  zone  of  EUR 975  000  equivalent  to  a  reference  tonnage  of  15  000 
tonnes per year, and b) EUR 550 000 per year in respect of developing the sectoral fisheries 
policy within the Republic of Madagascar. This sectoral support meets the objectives of the 
national fisheries policy. 

the  protocol  comes 

5. 

OPTIONAL ELEMENTS  

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2012/0238 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the conclusion of the Protocol agreed between the European Union and the Republic 
of Madagascar setting out fishing opportunities and the financial contribution provided 
for in the Fisheries Partnership Agreement between the two parties currently in force 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 43(2) in conjunction with Article 218(6)(a) thereof, 

Having regard to the proposal from the European Commission, 

After transmission of the draft legislative act to the national Parliaments, 

Having regard to the consent of the European Parliament2, 

Whereas: 

(1) 

(2) 

On 15 November 2007 the Council adopted Council Regulation (EC) No 31/2008 on 
the  conclusion  of  the  Fisheries  Partnership  Agreement  between  the  European 
Community and the Republic of Madagascar3.  

The European Union has negotiated a new protocol with the Republic of Madagascar 
granting European Union vessels fishing opportunities in waters in which Madagascar 
exercises its sovereignty or jurisdiction as regards fishing.  

(3) 

Following those negotiations, a new Protocol was initialled on 10 May 2012.  

(4) 

This new Protocol was signed on the basis of Decision No …/2012/EU4, and has been 
applied provisionally from the date of its signature. 

(5) 

The Protocol should be concluded, 

HAS ADOPTED THIS DECISION:  

Article 1 

The Protocol agreed between the European Union and the Republic of Madagascar setting out 
the  fishing  opportunities  and  the  financial  contribution  provided  for  in  the  Fisheries 

2 
3 
4 

OJ C , p. . 
OJ L 15, 18.1.2008, p. 1. 
OJ C … 

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Partnership Agreement in force between the two parties5 is hereby authorised on behalf of the 
European Union. 

Article 2 

The President of the Council shall designate the person(s) empowered to proceed, on behalf of 
the Union, to the notification provided for in Article 19 of the Protocol, in order to express the 
consent of the Union to be bound by the Protocol6. 

Article 3 

This Decision shall enter into force on the day following that of its publication in the Official 
Journal of the European Union. 

Done at Brussels,  

For the Council 
The President 

5 
6 

The text of the Protocol has been published in OJ … together with the decision on the signature.  
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 the financial contribution provided for by the 
Fisheries Partnership Agreement between the European Community and the Republic 
of Madagascar 

Article 1 
Period of application and fishing opportunities 

1. 

For a period of two (2) years, the fishing opportunities granted under Article 5 of the 
Fisheries Partnership Agreement shall be as follows: 

Highly  migratory  species  (species  listed  in  Annex  1  to  the  1982  United  Nations 
Convention  on  the  Law  of  the  Sea)  with  the  exception  of  the  Alopiidae  and 
Sphyrnidae  families,  in  addition  to  the  following  species:  Cethorinus  maximus, 
falciformis  and 
Rhincodon 
Carcharinus longimanus. 

typus,  Carcharodon  carcharias,  Carcharinus 

(a) 

40 tuna seiners, and 

(b)  34 surface longliners with a tonnage greater than 100 GT 

(c) 

22 surface longliners with a tonnage less than or equal to 100 GT. 

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

Under  Article  6  of  the  Fisheries  Partnership  Agreement,  and  Article  7  of  this 
Protocol,  vessels  flying  the  flag  of  a  Member  State  of  the  European  Union  may 
engage in fishing activities in the waters of Madagascar only if they are on the list of 
fishing vessels authorised by the Indian Ocean Tuna Commission (IOTC) and are in 
possession of a fishing  authorisation issued under the conditions established in this 
Protocol in accordance with the Annex hereto. 

Article 2 
Financial contribution - Methods of payment 

For the period referred to in Article 1, the total financial contribution referred to in 
Article  7  of  the  Fisheries  Partnership  Agreement  shall  be  EUR  3 050 000  for  the 
whole duration of this Protocol.  

2. 

3. 

1. 

2. 

This total financial contribution shall comprise: 

(a) 

(b) 

an  annual  amount  for  access  to  the  Malagasy  fishing  zone  of  EUR 975 000 
equivalent to a reference tonnage of 15 000 tonnes per year, and  

a  specific  amount  of  EUR 550 000  per  year  for  supporting  and  implementing 
Madagascar’s sectoral fisheries policy and maritime policy. 

3. 

Paragraph 1 shall apply subject to Articles 3, 5, 6, 8 and 9 of this Protocol.  

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4. 

5. 

6. 

7. 

8. 

1. 

The European Union shall pay the financial contribution referred to in paragraph 1 at 
the rate of EUR 1 525 000 per year during the period of application of this Protocol, 
corresponding to the total amount set out in paragraph 2(a) and (b) of this Article (i.e. 
respectively EUR 975 000 and EUR 550 000).  

If the total quantity of catches of tuna by European Union vessels in Madagascar’s 
fishing  zone  exceeds  15 000  tonnes  per  year,  the  amount  of  the  annual  financial 
contribution  for  access  rights  shall  be  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)  above  (i.e.  EUR 1 950 000).  If  the 
amounts caught by European Union vessels in Madagascar’s fishing zone exceed the 
quantities corresponding to twice the total annual amount, the amount due in respect 
of  the  quantity  exceeding  that  limit  shall  be  paid  the  following  year  in  accordance 
with the provisions of the Annex. In order to anticipate any possible exceeding of the 
reference  tonnage,  the  two  Parties  shall  adopt  a  system  allowing  ongoing  catch 
monitoring.  

Payment  shall  be  made  no  later  than  90  days  after  this  Protocol’s  provisional 
application  as  referred  in  Article 15  for  the  first  year,  and  no  later  than  the 
anniversary date of this Protocol for the following years. 

Madagascar shall have full discretion regarding the use of the financial contribution 
specified in paragraph Article 2(2)(a). 

The financial contribution shall be paid or transferred into a unique Public Treasury 
account opened at the Madagascar Central Bank. The account reference is as follows: 
Agence  Comptable  Centrale  du  Trésor  public  with  the  Banque  Centrale  de 
Madagascar Antaninarenina, Antananarivo, Madagascar - account No: 213 101 000 
125 TP EUR. 

Article 3 
Promoting responsible fishing and sustainable fisheries in the waters of Madagascar 

From the date of the provisional application of this Protocol and no later than three 
months after that date, the European Union and Madagascar shall agree, within the 
Joint Committee provided for in Article 9 of the Fisheries Partnership Agreement, on 
a  multiannual  sectoral  programme,  in  accordance  with  Madagascar’s  national 
strategy  for  fisheries  and  the  policy  framework  of  the  European  Commission,  and 
detailed implementing rules covering, in particular: 

a) 

b) 

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

the  annual  and  multiannual  objectives  to  be  achieved  with  a  view  to 
introducing responsible fishing and sustainable fisheries, taking account of the 
priorities  expressed  by  Madagascar  in  its  national  fisheries  policy,  and  other 
policies relating to or having an impact on the promotion of responsible fishing 
and sustainable fisheries, particularly as regards protected marine areas; 

c) 

criteria  and  procedures  including,  where  appropriate,  budgetary  and  financial 
indicators, to be used for evaluating the results obtained each year. 

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2. 

1. 

2. 

3. 

4. 

1. 

2. 

3. 

1. 

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

Article 4 
 Scientific cooperation to ensure responsible fishing  

The  two  Parties  hereby  undertake  to  promote  responsible  fishing  in  the  waters  of 
Madagascar on the basis of the principle of non-discrimination between the different 
fleets fishing in those waters. 

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

Both  Parties  shall  endeavour  to  comply  with  the  resolutions,  recommendations  and 
the  management  plans  adopted  by  the  Indian  Ocean  Tuna  Commission  (IOTC) 
regarding  conservation  and  the  responsible  management  of  fisheries.  Both  Parties 
shall  also  make  every  effort  to  comply  with  the  opinions  of  the  joint  scientific 
working group provided for in Article 4(2) of the agreement.  

In accordance with Article 4 of the Agreement, and based on the recommendations 
and  resolutions  adopted  within  the  IOTC,  and  in  the  light  of  the  best  available 
scientific  advice  and,  where  appropriate,  the  results  of  the  joint  scientific  meeting 
provided  for  by  Article  4  of  the  Fisheries  Partnership  Agreement,  the  two  Parties 
shall consult each other within the Joint Committee provided for in Article 9 of the 
Fisheries  Partnership  Agreement  and,  where  necessary,  agree  on  the  measures  to 
ensure sustainable management of Madagascar’s fisheries resources. 

Article 5 
Adjustment of fishing opportunities by mutual agreement  

The  fishing  opportunities  referred  to  in  Article  1  may  be  amended  by  mutual 
agreement insofar as the recommendations and resolutions of the IOTC and the joint 
scientific  working  group  tend  to  confirm  that  such  an  amendment  will  secure  the 
sustainable management of tuna and tuna-like species in the Indian Ocean.  

In  such  cases,  the  financial  contribution  referred  to  in  Article  2(2)(a)  shall  be 
adjusted  proportionately  and  pro  rata  temporis.  [However,  the  total  annual  amount 
paid  by  the  European  Union  may  not  be  more  than  twice  the  figure  indicated  in 
Article 2(2)(a)].  

Both  Parties  shall  notify  each  other  of  any  changes  to  their  respective  fisheries 
policies and legislation. 

Article 6 
New fishing opportunities  

In  the  event  that  European  Union  fishing  vessels  become  interested  in  engaging  in 
fisheries  not  provided  for  in  Article  1  of  the  Fisheries  Partnership  Agreement,  the 
Parties shall consult each other before any possible authorisation is granted in respect 
of  any  such  activities  and,  where  appropriate,  agree  on  the  conditions  for  such 

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2. 

3. 

4. 

5. 

fishing,  including  making  the  relevant  amendments  to  this  Protocol  and  the  Annex 
hereto.  

The  Parties  shall  encourage  experimental 
regards 
under-exploited species present in the waters of Madagascar. To this end, and at the 
request  of  either  Party,  the  Parties  shall  consult  each  other  with  a  view  to 
determining,  on  a  case-by-case  basis,  the  species,  conditions  and  other  relevant 
parameters. 

fishing,  especially  as 

The Parties shall carry out experimental fishing in accordance with parameters to be 
agreed  by  both  Parties  in  an  administrative  arrangement  where  appropriate.  For 
Madagascar,  the  National  Centre  for  Oceanographic  Research  and  the  Institute  for 
Fisheries  Studies  and  Marine  Science  shall  be  involved  in  the  definition  of  these 
parameters.  

Authorisations  for experimental fishing should  be  agreed  for  a  maximum  period  of 
six months. 

If the Parties consider that experimental campaigns have yielded positive results, the 
Government of Madagascar may allocate fishing opportunities in respect of the new 
species  to  the  European  Union  fleet  until  the  expiry  of  this  Protocol.  The  financial 
contribution  referred  to  in  Article  2(2)(a)  of  this  Protocol  shall  consequently  be 
increased.  Ship-owners’  fees  and  conditions  as  provided  for  in  the  Annex  shall  be 
amended accordingly. 

Article 7 
Conditions governing fishing activities — Exclusivity clause 

Without  prejudice  to  Article  6  of  the  Fisheries  Partnership  Agreement,  European  Union 
vessels may fish in the waters of Madagascar only if they are in possession of a valid fishing 
authorisation  issued  by  the  Malagasy  Ministry  responsible  for  Fisheries  under  this  Protocol 
and the Annex hereto.  

Article 8 
Suspension and review of the payment of the financial contribution 

1. 

Notwithstanding  the  provisions  laid  out  in  Article  9  of  this  Protocol,  the  financial 
contribution  referred  to  in  Article  2(2)(a)  and  (b)  shall  be  reviewed  or  suspended 
after consultation between the two Parties:  

a) 

b) 

c) 

if  fishing  activities  in  the  Madagascar  fishing  zone  are  prevented  for  reasons 
other than natural phenomena; 

following  significant  changes  in  the  policy  guidelines  of  either  one  of  the 
Parties affecting the relevant provisions of this Protocol;  

if the European Union notes that there has been a violation of the essential and 
fundamental human rights provided for in Article 9 of the Cotonou Agreement 
and  following  the  procedure  provided  for  in  Articles  8  and  96  of  that 

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Agreement.  In  this  case,  all  European  Union  fishing  vessel  activities  in  the 
waters of Madagascar shall be suspended.  

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:  

3. 

1. 

(a) 

if  the  results  obtained  are  inconsistent  with  the  programming,  following  an 
assessment by the Ministry responsible for Fisheries and an evaluation carried 
out by the Joint Committee; 

(b) 

in the event of failure to implement this financial contribution. 

Payment of the financial contribution shall resume after consultation and agreement 
by the two Parties, as soon as the situation existing prior to the events referred to 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 

Implementation of this Protocol shall be suspended at the initiative of either one of 
the Parties subject to consultations between and agreement of the Parties within the 
Joint Committee provided for in Article 9 of the Agreement:  

a) 

b) 

if  exceptional  circumstances,  other  than  natural  phenomena,  prevent  fishing 
activities in Madagascar’s fishing zone; 

if  the  European  Union  fails  to  make  the  payments  provided  for  in  Article 
2(2)(a) for reasons not covered by Article 8 of this Protocol;  

c)  where  a  dispute  arises  between  the  Parties  over  the  interpretation  and 

implementation of this Protocol and its Annex which cannot be settled; 

d) 

e) 

f) 

g) 

if either one of the Parties does not comply with the provisions of this Protocol 
and its Annex; 

following  significant  policy  changes  on  the  part  of  either  one  of  the  Parties 
affecting the relevant provisions of this Protocol;  

if  either  one  of  the  Parties  ascertains  a  breach  of  essential  and  fundamental 
elements  regarding  human  rights  as  laid  out  by  Article  9  of  the  Cotonou 
Agreement, and following the procedure set out in Articles 8 and 96 thereof;  

in  case  of  non-compliance  with  the  International  Labour  Organisation 
Declaration  on  Fundamental  Principles  and  Rights  at  Work  as  provided  in 
Article 3(5) of the Fisheries Partnership Agreement. 

2. 

The  suspension  of  the  implementation  of  this  Protocol  shall  require  the  Party 
concerned to notify its intention in writing at least three months before the date on 
which the suspension is due to take effect. 

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3. 

1. 

2. 

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

Article 10 
National law 

The activities of European Union fishing vessels in the waters of Madagascar shall 
be  subject  to  the  laws  and  regulations  of  Madagascar  unless  otherwise  provided 
under this Protocol and the Annex hereto.  

The  authorities  of  Madagascar  shall  inform  the  European  Commission  of  any 
changes or new legislation regarding its fishery policy. 

Article 11 
Confidentiality 

The  Parties  shall  ensure  that,  at  any  time,  all  data  relating  to  EU  vessels  and  their  fishing 
activities in the waters of Madagascar will be treated as confidential. These data shall be used 
exclusively  for  the  implementation  of  the  Agreement  and  for  the  purposes  of  fisheries 
management, monitoring, control and surveillance by the relevant authorities. 

Article 12 
Electronic data exchange 

Madagascar  and  the  European  Union  hereby  undertake  to  implement  the  necessary  systems 
for the electronic exchange of all information and documents related to the implementation of 
the  Agreement  as  soon  as  possible.  All  electronic  exchanges  shall  be  the  subject  of  an 
acknowledgment  of  receipt.  The  electronic  form  of  a  document  at  any  point  shall  be 
considered equivalent to the paper version. 

Both  Parties  shall  immediately  notify  any  disruption  of  a  computer  system  impeding  such 
exchanges.  In  such  circumstances, 
the 
implementation of the Agreement shall be automatically replaced by their paper version in the 
manner defined in the Annex. 

information  and  documents  related 

the 

to 

Article 13  
Duration 

This  Protocol  and  the  Annex  hereto  shall  apply  for  a  period  of  two  (2)  years  from  their 
provisional  application  as  determined  in  Article  15,  unless  notice  of  termination  is  given  in 
accordance with Article 14. 

Article 14 
Termination 

1. 

In the event of the termination of this 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 should take effect.  

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2. 

The  sending  of  the  notification  referred  to  in  the  previous  paragraph  shall  lead  to 
consultations by the Parties being initiated. 

Article 15 
Provisional application 

This Protocol shall be applied provisionally from the date of its signature but not earlier than 
1 January 2013.  

Article 16 
Entry into force 

This Protocol and 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 EXERCISE OF FISHING ACTIVITIES BY EUROPEAN 
UNION VESSELS IN THE FISHING ZONE OF MADAGASCAR 
CHAPTER I 

General provisions 

1. 

Designation of competent authority 

For  the  purposes  of  this  Annex  and  unless  otherwise  stated,  any  reference  to  the  European 
Union (EU) or to Madagascar as a competent authority shall mean: 

– 

– 

2. 

for  the  EU:  the  European  Commission,  where  applicable  via  the  EU  Delegation  in 
Madagascar; 

for Madagascar: the Ministry responsible for Fisheries. 

Madagascar’s fishing zone  

All the provisions of the Protocol and its annex shall apply exclusively in the fishing zone of 
Madagascar,  as  indicated  in  Appendices  3  and  4,  without  prejudice  to  the  following 
provisions:  
European Union vessels may carry out fishing  activities in waters beyond 20 nautical miles 
from the base line in the case of tuna seiners and surface longliners.  
A protection area of 3 miles around national fish aggregating devices must be complied with. 
Furthermore, in order to preserve the sustainable exploitation of certain demersal species by 
national operators, the surface longliners covered by this Protocol are prohibited from fishing 
in  the  areas  of  Leven  Bank  and  the  Castor  Bank,  the  coordinates  of  which  are  listed  in 
Appendix 5.  

3. 

Appointment of a local agent 

Any EU vessel wishing to obtain a fishing authorisation under the present Protocol must be 
represented by an agent resident in Madagascar. 

4. 

Bank account 

Madagascar shall notify the EU before the date of the provisional application of the Protocol, 
of  the  details  of  the  bank  account(s)  into  which  the  financial  sums  payable  by  EU  vessels 
under the Agreement should be paid. The associated bank transfer costs shall be borne by the 
ship-owners. 

CHAPTER II 
Tuna fishing authorisations 

1. 

Condition for obtaining a tuna fishing authorisation – eligible vessels 

The tuna fishing authorisations referred to in Article 6 of the Agreement shall be issued on the 
condition that the vessel is included in the EU register of fishing vessels on the IOTC’s list of 
authorised fishing vessels and that all previous obligations of the ship-owner, the captain, or 
the  vessel  itself  arising  out  of  fishing  activities  in  Madagascar  under  the  Agreement  and 
Malagasy fisheries legislation have been met. 

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2. 

Application for a fishing authorisation 

The EU shall submit to Madagascar an application for a fishing authorisation in respect of any 
vessel  wishing  to  fish  under  the  Agreement  at  least  15  working  days  before  the  start  of  the 
period of validity requested using the form attached to this Annex as Appendix 1.  
The application must be typed or written legibly in block capitals. 
For each initial application for a fishing authorisation on the basis of the Protocol in force, or 
following  a  technical  change  to  the  vessel  concerned,  the  application  shall  be  accompanied 
by: 

i. the proof of payment  of  the  advance payment  fee for  the period of validity  of  the fishing 
authorisation requested; 

ii. the name, address and contact details of: 

• 

• 

• 

the owner of the fishing vessel; 

the operator of the fishing vessel; 

the local agent for the vessel; 

iii.  a  recent  colour  photograph  of  the  vessel,  showing  a  lateral  view,  and  at  least  15  cm  x 
10 cm in size; 

iv. the vessel’s seaworthiness certificate; 

v. the vessel’s registration number; 

vi. the vessel’s health certificate, issued by the competent EU authority; 

vii. the fishing vessel’s contact details (fax, e-mail, etc.). 

For  the  renewal  of  a  fishing  authorisation  under  the  Protocol  in  force  for  a  vessel  whose 
technical specifications have not been modified, the renewal application shall be accompanied 
only by proof of payment of the fee. 

3. 

Advance payment fee 

The amount of the advance payment fee shall be set on the basis of the annual rate specified 
in  the  technical  sheets  included  in  Appendix  2  to  this  Annex.  It  shall  include  all  local  and 
national taxes with the exception of port taxes, landing taxes, transhipment taxes and charges 
for the provision of services. 

4. 

Provisional list of vessels requesting a licence 

Once it has received the fishing authorisation applications, the national body responsible for 
supervising  fishing  activities  shall  immediately  draw  up,  for  each  category  of  vessel,  the 
provisional list of applicant vessels. This list shall be sent as soon as possible to the EU by the 
competent Malagasy authority.  
The EU shall forward the provisional list to the vessel owner or to the local agent. If the EU 
offices  are  closed,  Madagascar  may  send  the  provisional  list  directly  to  the  ship-owner  or 
their local agent with a copy to the EU. 

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5. 

Issue of the fishing authorisation 

Fishing authorisations for all vessels shall be issued to ship-owners or their local agent within 
fifteen (15) working days of the competent authority receiving the full application. A copy of 
this fishing authorisation shall be sent immediately to the EU Delegation. 

6. 

List of vessels authorised to fish 

Once the fishing authorisation is issued, the national body responsible for supervising fishing 
activities  shall  immediately  draw  up  for  each  category  of  vessel  the  final  list  of  vessels 
authorised to fish in Madagascar’s fishing zone. This list shall be sent to the EU immediately 
and shall replace the provisional list referred to above. 

7. 

Period of validity of the fishing authorisation 

Fishing  authorisations  shall  be  valid  for  one  year  from  1 January  to  31  December  and  be 
renewable. 

8. 

Documents to be carried  

While in the waters of Madagascar or in a Malagasy port, the following documents must be 
carried on board the fishing vessel at all times: 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

the original of the authorisation to fish; however, for a period of one month prior to 
receipt of this original, a copy of the list of vessels authorised to fish, as provided for 
in Chapter II, point 6 of this Annex, shall be considered as authentic; 

the  documents  issued  by  a  competent  authority  of  the  fishing  vessel’s  flag  state, 
showing: 

- the number under which the fishing vessel is registered, the vessel’s certificate of 
registry; 

- the Conformity certificate provided for by the International Maritime Organisation 
(IMO) Torremolinos Convention; 

up-to-date certified drawings or descriptions of the layout of the fishing vessel and in 
particular, the number of fish holds of the fishing vessels, with the storage capacity 
expressed in cubic metres; 

if any modification was made to the characteristics of the fishing vessel with respect 
to its overall length, its gross registered tonnage, the horsepower of its main engine 
or engines or its hold capacity, a certificate, certified by a competent authority of the 
flag state of the fishing vessel, describing the nature of such modification; 

if  the  fishing  vessel  is  equipped  with  chilled  or  refrigerated  sea-water  tanks,  a 
document certified by a competent authority of the flag state of the vessel indicating 
the calibration of the tanks in cubic metres; 

if  applicable,  a  ballast  water  management  record  book  is  to  be  kept  updated  (dates 
and times of uptake with positions and volumes, dates and times of discharge with 
positions and volumes, the treatments performed on this water); 

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(g) 

(h) 

9. 

authorisation to fish outside the waters under the jurisdiction of the flag state issued 
in respect of the fishing vessel or an extract from the register of vessels authorised by 
the IOTC; 

a copy of the Malagasy fisheries legislation currently in force. 

Transfer of fishing authorisation 

The fishing authorisation shall be issued for a given vessel and shall not be transferable. 
However,  where  force  majeure  is  proven,  at  the  request  of  the  EU,  a  vessel  fishing 
authorisation may be replaced by a new authorisation, issued for another similar vessel or a 
substitute vessel, without payment of a new advance payment. In such a case, the statement of 
fees for freezer tuna seiners and surface longliners in Chapter IV shall take into account the 
total catch of the two types of vessel in Madagascar’s fishing zone.  
The  transfer  shall  involve  the  return  of  the  fishing  authorisation  to  be  replaced  by  the  ship-
owner or their local agent in Madagascar and the immediate drawing up by Madagascar of the 
replacement authorisation. The replacement authorisation shall be issued as soon as possible 
to the ship-owner or their local agent, when the authorisation to be replaced is returned. The 
replacement  authorisation  shall  take  effect  on  the  day  on  which  the  authorisation  to  be 
replaced is returned. 
Madagascar shall update the list of vessels authorised to fish as soon as possible. The new list 
shall be sent as soon as possible to the national body responsible for supervising fishing, and 
to the EU. 

10. 

(1) 

Support vessels  

Support  vessels  flying  an  EU  flag  must  be  authorised  in  compliance  with  the 
provisions and conditions provided for in Malagasy legislation.  

The annual licence fee applicable to the support vessel is EUR 2 500 /year. 

(2) 

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

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CHAPTER III 
Technical measures 
Technical  measures  applicable  to  the  vessels  holding  a  fishing  authorisation,  relating  to  the 
zone, fishing gear and by-catches, shall be defined for each fishing category in the technical 
sheets contained in Appendix 2 to this Annex.  
The vessels shall comply with the fisheries legislation of Madagascar and all the resolutions 
adopted by the IOTC (Indian Ocean Tuna Commission). 

CHAPTER IV 
Catch reporting 

1. 

Definition of the fishing trip  

For the purposes of this Annex, the duration of a fishing trip by an EU vessel 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. 

Fishing logbook 

The  captain  of  an  EU  vessel  fishing  under  the  Agreement  shall  keep  an  IOTC  fishing 
logbook, for which the model for each category of fishing is included in Appendices 6 and 7 
of this Annex. 
The  fishing  logbook  must  comply  with  IOTC  resolution  08/04  for  longliners  and  resolution 
10/03 for purse seiners. 
The fishing logbook shall be completed by the captain for each day the vessel is present in the 
fishing zone of Madagascar. 
Each  day  the  captain  shall  record  in  the  fishing  logbook  the  quantity  of  each  species, 
identified by its FAO 3-alpha code, caught and kept on board, expressed in kilograms of live 
weight or, where necessary, the number of individual fish. For each main species, the captain 
shall also mention the by-catches and discards. 
The fishing logbook shall be filled in legibly, in block capitals, and signed by the captain. 
The captain shall be responsible for the accuracy of the data recorded in the fishing logbook. 

3. 

Catch reporting 

The captain shall notify the vessel's catch by submitting its fishing logbooks to Madagascar 
for the period of its presence in Madagascar’s fishing zone.  
The fishing logbooks shall be transmitted in one of the following ways:  

i 
when passing through a Malagasy port, the original of each fishing logbook shall be 
submitted  to  the  local  representative  of  Madagascar,  who  shall  confirm  receipt  thereof  in 
writing; a copy of the logbook shall be handed over to the inspection team in Madagascar; 

ii. 
when  leaving  Madagascar’s  fishing  zone  without  first  passing  through  a  Malagasy 
port, the original of each fishing logbook shall be sent within a period of 7 (seven) working 
days  after  arrival  in  any  other  port,  and  in  any  case  within  a  period  of 15  (fifteen)  working 
days after leaving Madagascar’s fishing zone:  

(a) 

by  e-mail,  to  the  e-mail  address  given  by  the  national  body  supervising  fishing 
activities; 

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(b) 

(c) 

or by fax, to the number given by the national body supervising fishing activities; 

or by letter sent to the national body supervising fishing activities. 

The  return  of  the  vessel  into  Madagascar’s  fishing  zone  within  the  period  of  validity  of  its 
fishing authorisation shall give rise to further catch reporting.  
The two Parties shall establish from 1 July 2013 a protocol for the electronic exchange of all 
catch and reporting data based on an electronic logbook; the two Parties shall then plan the 
implementation  of  the  protocol  and  the  replacement  of  the  paper  version  of  catch  reporting 
with an electronic version by 1 January 2014 at the latest. 
The  captain  shall  send  a  copy  of  all  the  fishing  logbooks  to  the  EU  and  the  competent  flag 
State authority. For tuna-fishing vessels and surface longliners, the captain shall also send a 
copy of all the fishing logbooks to the competent national scientific institutes:  
USTA (Antsiranana Tuna Statistical Unit) and FMC (Fisheries Monitoring Centre)  
and to one of the following scientific institutes: 

i. 

ii. 

Institut de recherche pour le développement (IRD); 

Instituto Español de Oceanografía (IEO); 

iii. 

Instituto Português de Investigação Marítima (IPIMAR). 

Where  the  provisions  concerning  catch  reporting  are  not  complied  with,  Madagascar  may 
suspend  the  fishing  authorisation  of  the  vessel  concerned  until  the  missing  catch  report  is 
obtained  and  penalise  the  ship-owner  in  accordance  with  the  relevant  provisions  under  the 
national legislation in force. If the offence is repeated, Madagascar may refuse to renew the 
fishing authorisation. Madagascar shall inform the EU immediately of any penalty applied in 
this context. 

4. 

Final statement of fees for tuna-fishing vessels and surface longliners 

For  each  tuna  seiner  and  surface  longliner,  the  EU  shall  draw  up,  on  the  basis  of  its  catch 
reporting  confirmed  by  the  aforementioned  scientific  institutes,  a  final  statement  of  the  fees 
owed by the vessel in respect of its annual season for the previous calendar year.  
The EU shall send this final statement to Madagascar and to the ship-owner before 31 July of 
the year in progress. Madagascar may contest the final statement, on the basis of documentary 
proof, within 30 working days of its being sent. In the case of disagreement, the Parties shall 
consult each other in the Joint Committee. If Madagascar does not object within 30 working 
days, the final statement shall be considered to be adopted. 
Where the final statement is greater than the anticipated flat-rate fee paid to obtain the fishing 
authorisation,  the  ship-owner  shall  pay  the  outstanding  balance  to  Madagascar  by 
30 September  of  the  year  in  progress.  Where  the  final  statement  is  less  than  the  expected 
flat-rate fee, the remaining amount may not be reclaimed by the ship-owner. 

CHAPTER V 
Landings and transhipments 
Transhipment at sea is prohibited. All transhipment operations in port shall be monitored in 
the presence of fishing inspectors from Madagascar. 
The captain of an EU vessel wishing to land or to tranship must notify the FMC and at the 
same time, the Malagasy port authority, at least 48 hours before the landing or transhipment, 
of the following: 

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(a) 

(b) 

(c) 

(d) 

the name of the fishing vessel wishing to land or tranship and its registration number 
as recorded in the IOTC register of fishing vessels;  

the port of landing or transhipment; 

the date and time scheduled for the landing or transhipment;  

the  quantity  (expressed  in  kilograms  of  live  weight  or,  if  necessary,  the  number  of 
individual fish) of each species to be landed or transhipped (as identified by its FAO 
3-alpha code). 

The  transhipment  operation  shall  be  subject  to  a  prior  authorisation  issued  by  the  FMC  in 
Madagascar  to  the  captain  or  their  local  agent  within  24  hours  after  the  aforementioned 
notification. The transhipment operation must be carried out in a Malagasy port authorised for 
this purpose. 

In the event of transhipment, in addition to the information contained in points a) to d) above, 
the captain will also notify the name of the receiving vessel. 

The  captain  of  the  transporting  ship  will,  upon  receipt,  notify  the  Malagasy  authorities  (the 
FMC and the port authority) of the quantities of tuna and tuna-like species transhipped onto 
the  vessel  and  complete  and  send  the  transhipment  declaration  to  the  FMC  and  the  port 
authority in Madagascar within 24 hours. 

The  fishing  ports  where  transhipment  operations  are  authorised  in  Madagascar  are 
Antsiranana for seiners and Toliara, Ehoala and Toamasina for longliners. 

Non-compliance  with  these  provisions  will  lead  to  the  application  of  the  relevant  penalties 
provided for under the legislation of Madagascar. 

EU vessels landing in a Malagasy port shall endeavour to make their by-catches available to 
the local processing companies at the local market price. Upon request from the EU fishing 
companies  the  Regional  Directorates  for  Fisheries  of  Madagascar  shall  provide  a  list  and 
contact details for the local processing companies. 

European Union tuna vessels choosing 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 Appendix 2 for the fishing category of vessels concerned. 

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

CHAPTER VI 
Checks 

1. 

Entering and leaving the fishing zone 

Any  entry  into  or  departure  from  Madagascar’s  fishing  zone  by  an  EU  vessel  holding  a 
fishing authorisation must be notified to Madagascar within three hours of entry or departure. 
When notifying its entry or departure, the vessel shall notify in particular:  

i. 

the date, time and point of passage scheduled; 

ii. 
the  quantity  of  each  target  species  held  on  board,  as  identified  by  its  FAO  3-alpha 
code and expressed in kilograms of live weight or, if necessary, the number of individual fish; 

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The  quantity  of  each  by-catch  species  retained  on  board  as  identified  by  its  FAO  3-
iii. 
alpha  code  and  expressed  in  kilograms  of  live  weight  or,  if  necessary,  the  number  of 
individual fish. 

Notification shall be given preferably by e-mail or, failing that, by fax, to an e-mail address or 
a telephone number or fax number communicated by the FMC, using the form attached to the 
Annex as Appendix 8. The FMC shall confirm receipt thereof immediately by return e-mail or 
fax. 

The FMC shall immediately inform the vessels concerned and the EU of any change to the 
e-mail address, telephone number or transmission frequency. 
Any  vessel  found  to  be  fishing  in  Madagascar’s  fishing  zone  without  having  previously 
notified its presence shall be considered to be an unauthorised fishing vessel. 
Any person infringing this provision shall be liable to the fines and penalties provided for by 
the Malagasy fisheries law.  

The entry/exit catch reports must be kept on board at least for one year from the date of the 
report transmission.  

European  Union  fishing  vessels  not  authorised  to  fish  shall  be  the  subject  of  an  innocent 
passage  declaration.  The  content  of  this  declaration  shall  be  the  same  as  that  stated  in 
paragraph 1. 

2. Cooperation as regards combating IUU fishing 

In  order  to  strengthen  fisheries  monitoring  and  to  combat  IUU  fishing,  European  Union 
fishing vessels shall be encouraged to inform the FMC  of the presence of any other fishing 
vessels in their surroundings. 

3. 

Periodic catch report  

When  an  EU  vessel  is  operating  in  the  waters  of  Madagascar,  the  captain  of  an  EU  vessel 
holding  a  fishing  authorisation  must  notify  the  FMC,  every  three  days,  of  catches  made  in 
Madagascar’s fishing zone. The first catch declaration shall start three days after the date of 
entry into Madagascar’s fishing zone. 

Every three days, when notifying its periodic catch report, the vessel shall notify in particular: 

the date, time and position on reporting; 
i. 
ii. 
the  quantity  of  each  target  species  caught  and  held  on  board  during  the  three-day 
period, as identified by its FAO 3-alpha code and expressed in kilograms of live weight or, if 
necessary, the number of individual fish; 
iii. 
the quantity of each by-catch species retained on board during the three-day period, as 
identified by its FAO 3-alpha code and expressed in kilograms of live weight or, if necessary, 
the number of individual fish; 
iv. 
the quantity of each by-catch species discarded at sea during the three-day period, as 
identified by its FAO 3-alpha code and expressed in kilograms of live weight or, if necessary, 
the number of individual fish; 
product presentation; 
v. 
for tuna purse seiners: 
vi. 
- number of successful sets using fish aggregating devices since the last report; 
- number of successful sets on free school since the last report; 
- number of unsuccessful sets. 

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vii. 

For tuna longline fishing vessels: 
- number of sets since last report; 
- number of hooks deployed since last report. 

Notification shall be given preferably by e-mail or, failing that, by fax, to an e-mail address or 
a  telephone  number  communicated  by  the  FMC,  using  the  form  attached  to  the  Annex  as 
Appendix  8.  The  FMC  shall  immediately  inform  the  vessels  concerned  and  the  EU  of  any 
change to the e-mail address, telephone number or transmission frequency. 

Any vessel found to be fishing in Madagascar’s fishing zone without having notified its three-
day periodic catch report shall be considered to be an unauthorised fishing vessel. Any person 
infringing  this  provision  shall  be  liable  to  the  fines  and  penalties  provided  for  by  the 
Malagasy fisheries law. 

The periodic catch reports must be kept on board at least during 1 year from the date of the 
transmission of the report. 

4. 

Inspection at sea 

Inspection at sea in Madagascar’s fishing zone of EU vessels holding a fishing authorisation 
shall  be  carried  out  by  inspectors  from  Madagascar  who  are  clearly  identifiable  as  being 
responsible for carrying out fisheries checks.  

Before going on board, the authorised inspectors shall inform the EU vessel on VHF channel 
16 of their decision to carry out an inspection. The inspection shall be carried out by fisheries 
inspectors,  who  must  provide  proof  of  their  inspection  warrant  and  identity  and  rank  as 
inspectors before carrying out the inspection.  

The  authorised  inspectors  shall  stay  on  board  the  EU  vessel  only  for  the  time  necessary  to 
carry out the tasks related to the inspection. They shall carry out the inspection in such a way 
as to minimise the impact on the vessel, its fishing activity and cargo. 

At  the  end  of  each  inspection,  the  authorised  inspectors  shall  draw  up  an  inspection  report. 
The captain of the EU vessel has the right to include his comments in the inspection report. 
The inspection report shall be signed by the inspector drawing up the report and the captain of 
the EU vessel. 

The authorised inspectors shall give a copy of the inspection report to the captain of the EU 
vessel  before  leaving  the  vessel.  In  case  of  infringement,  a  copy  of  the  notification  of  the 
infringement should also be sent to the EU in accordance with the provisions of chapter VIII.  

5. 

Inspection in port in cases of landing and transhipment 

The  inspection  of  EU  fishing  vessels  which  land  or  tranship  their  catch  in  a  Malagasy  port 
shall  be  carried  out  by  inspectors  from  Madagascar  who  are  clearly  identifiable  as  being 
responsible for carrying out fishing checks.  

Inspectors must provide proof of their inspection warrant and identity and rank as inspectors 
before carrying out the inspection. The Malagasy inspectors shall only stay on board the EU 
vessel for the time necessary to carry out the tasks related to the inspection and shall conduct 

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the  inspection  in  such  a  way  as  to  minimise  the  impact  on  the  vessel,  the  landing  or 
transhipment operation and the cargo. 

At the end of each inspection, the Malagasy inspectors shall draw up an inspection report. The 
captain of the EU vessel has the right to include his comments in the inspection report. The 
inspection report shall be signed by the inspector drawing up the report and the captain of the 
EU vessel. 

The Malagasy inspectors shall provide a copy of the inspection report to the captain of the EU 
vessel at the end of the inspection. 

In cases of infringement, a copy of the notification of the infringement shall also be sent to the 
EU in accordance with the provisions of chapter VIII.  

CHAPTER VII 
Satellite-based vessel monitoring system (VMS) 

1. 

Vessel position messages – VMS system 

EU  vessels  holding  a  fishing  authorisation  must  be  equipped  with  a  satellite  monitoring 
system  (Vessel  Monitoring  System  –  VMS) 
to  enable  automatic  and  continuous 
communication  of  their  position,  at  all  times,  to  the  fishing  control  centre  (Fisheries 
Monitoring Centre – FMC) of their flag state.  
Each position message must contain: 

a. 

vessel identification; 

the most recent geographical position of the vessel (longitude, latitude), with a margin 

b. 
of error of less than 500 metres, and with a confidence interval of 99%;  

c. 

d. 

the date and time the position is recorded; 

the speed and the course of the vessel. 

Each  position  message  must  be  configured  in  accordance  with  the  format  included  in 
Appendix 9 to this Annex. 

The first position recorded after entry into Madagascar’s zone shall be identified by the code 
‘ENT’. All subsequent positions shall be identified by the code ‘POS’, with the exception of 
the first position recorded after departure from the Madagascar zone, which shall be identified 
by the code ‘EXI’. The FMC of the Flag State shall ensure the automatic processing and, if 
necessary, the electronic transmission of the position messages. The position messages shall 
be recorded in a secure manner and kept for a period of three years. 

2. 

Transmission by the vessel in the event of breakdown of the VMS system 

The captain shall ensure at all times that the VMS system of their vessel is fully operational 
and that the position messages are correctly transmitted to the FMC of the flag state.  

EU  vessels  with  defective  VMS  systems  are  not  authorised  to  enter  the  fishing  zone  of 
Madagascar. 

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If the vessel is already operating in Madagascar’s fishing zone, in the event of breakdown, the 
VMS system of the vessel shall be repaired or replaced as soon as possible and within 15 days 
at the latest. After that period, the vessel shall no longer be authorised to fish in Madagascar’s 
zone.  

Vessels fishing in the waters of Madagascar with a defective VMS system must communicate 
their position messages by e-mail or fax to the FMC of the flag state and of Madagascar, at 
least every six hours, and must provide all the compulsory information. 

3. 

Secure communication of the position messages to Madagascar 

The  FMC  of  the  flag  state  shall  automatically  send  the  position  messages  of  the  vessels 
concerned  to  the  FMC  in  Madagascar.  The  FMC  of  the  flag  state  and  of  Madagascar  shall 
exchange their contact e-mail addresses and inform each other without delay of any change to 
these addresses. 

The  transmission  of  position  messages  between  the  FMCs  of  the  flag  state  and  that  of 
Madagascar shall be carried out electronically using a secure communication system. 

The FMC in Madagascar shall inform the flag state FMC and the EU of any interruption in 
the reception of consecutive position messages from a vessel holding a fishing authorisation, 
where the vessel concerned has not notified its departure from the zone.  

4. 

Malfunction of the communication system 

Madagascar  shall  ensure  the  compatibility  of  its  electronic  equipment  with  that  of  the  flag 
state FMC and inform the EU immediately of any malfunction as regards the communication 
and  reception  of  position  messages  with  a  view  to  finding  a  technical  solution  as  soon  as 
possible. The Joint Committee shall deal with any disputes which may arise.  

The captain shall be considered to be responsible for any proven manipulation of the vessel’s 
VMS  system  aimed  at  disturbing  its  operation  or  falsifying  its  position  messages.  Any 
infringements  shall  be  subject  to  the  penalties  provided  for  by  the  Malagasy  legislation  in 
force. 

5. 

Revision of the frequency of position messages 

On the basis of documentary evidence proving an infringement, the FMC in Madagascar may 
ask the flag state FMC, copying the EU into such correspondence, to reduce the interval for 
sending  position  messages  from  a  vessel  to  every  thirty  minutes  for  a  set  period  of 
investigation. This documentary evidence must be sent by the FMC in Madagascar to the flag 
state FMC and the EU. The flag state FMC shall immediately send the position messages to 
Madagascar at the new frequency.  

The FMC in Madagascar shall then immediately notify the flag State Control Centre and the 
European Commission of the end of the inspection procedure. 

At the end of the set investigation period, the FMC in Madagascar shall inform the flag state 
FMC and the EU of the possible follow up, if any. 

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CHAPTER VIII 
Infringements 
Failure to comply with any of the rules and provisions of the Protocol, measures to ensure the 
management  and  conservation  of  living  resources  or  fisheries  legislation  in  force  in 
Madagascar  may  be  subject  to  penalties  in  the  form  of  fines,  suspension,  cancellation  or 
non-renewal of the vessel’s fishing authorisation. 

1. 

Handling of infringements 

Any infringement committed in Madagascar’s fishing zone by an EU vessel holding a fishing 
authorisation  in  accordance  with  the  provisions  of  this  Annex  must  be  referred  to  in  an 
(inspection) report. 

In  the  case  of  an  on-board  inspection,  the  signature  of  the  inspection  report  by  the  captain 
shall  be  without  prejudice  to  the  ship-owner’s  right  of  defence  in  respect  of  an  established 
infringement.  Should  the  captain  refuse  to  sign  the  inspection  report,  they  will  write  the 
reasons for their refusal in the inspection report with the statement ‘refusal to sign’. 

In cases of any infringement in Madagascar’s fishing zone by an EU vessel holding a fishing 
authorisation,  notification  of  the  infringement  in  question  and  the  additional  penalties 
imposed on the captain or the fishing company shall be sent directly to the ship-owners in line 
with the procedures set out in Madagascar’s fisheries legislation. A copy of the notification 
shall be sent to the vessel’s flag state and to the EU within 72 hours. 

2. 

Detention of a vessel 

Should an infringement be established, any EU vessel having committed an infringement may 
be forced to cease its fishing activity and, where the vessel is at sea, to return to a Malagasy 
port, in accordance with the Malagasy legislation in force. 

Madagascar shall provide electronic notification to the EU, within 24 hours, of any detentions 
of an EU vessel holding a fishing authorisation. The notification shall provide the reasons for 
the detention and/or continued retention.  

Before  taking  any  measure  against  the  vessel,  the  captain,  the  crew  or  the  cargo,  with  the 
exception of measures aimed at protecting evidence, the FMC in Madagascar shall organise, 
within one working day following notification of the detention of the vessel, an information 
meeting to clarify the events which have resulted in the vessel’s detention and to explain any 
possible further action. Representatives of the vessel’s flag state and ship-owner may attend 
this information meeting.  

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3. 

Penalties for infringements - Compromise procedure 

The penalty for an established infringement shall be established by Madagascar according to 
the provisions of the national legislation in force. 

A compromise procedure shall be launched prior to legal procedures between the authorities 
of Madagascar and the EU vessel in order to settle the issue amicably. A representative of the 
vessel’s flag state may be involved in this compromise procedure. The compromise procedure 
shall finish at the latest 72 hours after notification of the vessel’s detention. 

4. 

Legal proceedings – Bank guarantee 

If the abovementioned compromise procedure is unsuccessful and the infringement is brought 
before the competent court, the owner of the vessel which committed the infringement shall 
deposit  a  bank  guarantee  with  the  Public  Treasury  of  Madagascar,  the  amount  of  which,  as 
established  by  Madagascar,  shall  cover  the  costs  linked  to  the  detention  of  the  vessel,  the 
estimated  fine  and  any  compensation.  The  bank  guarantee  may  not  be  recovered  until  the 
legal proceedings have been concluded. 

The bank guarantee shall be released and returned to the ship-owner as soon as possible after 
the judgment has been delivered:  

a. 

in full, if no penalty has been imposed; 

for the amount of the remaining balance, if the penalty is a fine which is lower than 

b. 
the amount of the bank guarantee; 

Madagascar shall inform the EU of the outcome of the legal proceedings within eight days of 
the judgment being delivered. 

5. 

Release of the vessel and the crew 

The vessel and its crew shall be authorised to leave the port once the penalty resulting from a 
compromise  procedure,  or  once  the  bank  guarantee  has  been  deposited  with  the  Public 
Treasury  of  Madagascar.  The  vessel  shall  be  released  and  its  crew  authorised  to  leave  the 
port: 

- once the obligations arising under the compromise settlement have been fulfilled, or  
-  when  the  aforementioned  bank  guarantee  has  been  lodged  and  accepted  by  the  Ministry 
responsible for Fisheries, pending the conclusion of the legal proceedings. 

1. 

Number of seamen to be signed on  

CHAPTER IX 
Signing-on of seamen  

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 the third country shall be of ACP origin, 
– 
fishing season in the fishing zone of the third country shall be of ACP origin. 

for  the  fleet  of  surface  longliners,  at  least  20%  of  the  seamen  signed  on  during  the 

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25 

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Ship-owners shall endeavour to take on board additional seamen of Malagasy origin. 

2. 

Seamen’s contracts  

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. 

The  employment  contracts  of  ACP  seamen  shall  be  drawn  up  between  the  ship-owners’ 
representative(s) and the seamen 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  sickness  and  accident 
insurance. 

3. 

Seamen’s wages  

The wages of the ACP seamen shall be paid by the ship-owners. They shall be set by mutual 
agreement between the ship-owners 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. 

4. 

Seamen’s obligations 

All seamen employed aboard European Union vessels shall report to the captain 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. 

1. 

Observation of fishing activities  

CHAPTER X 
Observers 

Both  Parties  recognise  the  importance  of  fulfilling  the  obligations  under  IOTC  Resolutions 
with regards to the Scientific Observer Programme. 

For the purposes of compliance with these obligations, the provisions applicable to observers 
are as follows, except in cases of space limitations due to safety requirements. 

Vessels  authorised  to  fish  in  the  waters  of  Madagascar  under  the  Fisheries  Partnership 
Agreement  shall  take  on  board  observers  appointed  by  the  authorities  of  Madagascar  to 
ensure that these obligations have been complied with on the terms set out below. 

European Union vessels shall, at the request of the authorities of Madagascar, take on board 
one observer in order to reach the cover rate of 10% of licensed vessels. Nevertheless, vessels 
less than 100 GT are not subject to this measure. 

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2. 

Designated vessels and observers 

The authorities of Madagascar shall draw up a list of vessels designated to take an observer on 
board. This list shall be kept up to date. It shall be forwarded to the European Commission as 
soon as it has been drawn up. 

The  authorities  of  Madagascar  shall  inform  the  ship-owners  concerned  of  the  name  of  the 
observers  appointed  to  be  taken  on  board  their  vessel  no  later  than  15  days  before  the 
observer’s planned embarkation date.  

The  observers  shall  not  spend  more  time  on  board  the  vessel  than  is  necessary  to  carry  out 
their duties. 

3. 

Observer’s salary 

The cost of taking the observer aboard and putting them ashore outside Madagascar shall be 
borne by the ship-owner. The salary and social contributions of the observer shall be borne by 
the authorities of Madagascar. 

With regard to any vessel taking aboard an observer, the ship-owner shall be asked to pay a 
contribution  of  EUR 20  for  each  day  on  board.  This  sum  shall  be  paid  to  the  Observers 
Programme administered by the FMC. 

4. 

Embarkation conditions 

The embarkation conditions for the observer, in particular the duration of presence on board, 
shall  be  defined  by  mutual  agreement  between  the  ship-owner  or  its  local  agent  and 
Madagascar. 

Observers  shall  be  treated  as  officers.  However,  receiving  the  observer  on  board  shall  take 
into account the technical structure of the vessel. 

The ship-owner shall bear the costs of providing accommodation and food for the observer on 
board.  

Captains shall take all the measures for which they are responsible to guarantee the physical 
safety and general wellbeing of the observer. 

Observers  shall  be  offered  every  facility  needed  to  carry  out  their  duties.  They  shall  have 
access to means of communication and any documents on board, and to documents relating to 
the fishing activities of the vessel, in particular the fishing logbook, freeze log and navigation 
log, and the parts of the vessel directly linked to their duties. 

5. 

Embarkation and landing of observers 

The observer shall embark in a port chosen by the ship-owner.  

The ship-owner or its representative shall notify Madagascar, with a notice period of 10 days 
before embarkation, of the date, time and port of embarkation of the observer. If the observer 
is embarked in a foreign country, their travel costs to the port of embarkation shall be borne 
by the vessel owner. 

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If the observer does not arrive to embark within 12 hours of the date and time set, the ship-
owner shall be automatically discharged from its obligation to allow the observer to embark.  

It shall be free to leave the port and start fishing operations. 

If the observer is not disembarked in a Malagasy port, the ship-owner shall bear the costs of 
accommodation and food during the time the observer is waiting for a repatriation flight. 

If  the  vessel  does  not  arrive  at  the  agreed  time  at  a  previously  agreed  port  to  receive  an 
observer,  the  owner  shall  pay  the  costs  relating  to  the  observer’s  inability  to  board  while 
waiting at the port (accommodation, food, etc.).  

If  the  vessel  fails  to  appear,  without  having  provided  the  FMC  with  prior  notification, 
Madagascar may suspend the fishing authorisation for the vessel in question.  

6. 

Observer’s obligations 

Whilst they are on board observers shall: 

a. 

b. 

c. 

take all appropriate measures so as not to interrupt or hinder fishing operations; 

respect on-board property and equipment; 

respect the confidential nature of any document belonging to the vessel. 

The  observers  shall  communicate  observations  by  radio,  fax  or  e-mail  at  least  once  a  week 
while the vessel is operating in Madagascar’s fishing zone, including the quantity of catches 
and by-catches on board and any other duties as required by the authority. 

7. 

Observer’s report 

Before leaving the vessel, the observer shall submit a report of his observations to the captain 
of  the  vessel.  The  captain  of  the  vessel  shall  have  the  right  to  make  comments  in  the 
observer’s report. The report shall be signed by the observer and the captain. The captain shall 
receive a copy of the observer’s report.  

The  observer  shall  send  his  report  to  Madagascar,  which  shall  send  a  copy  of  it  to  the  EU 
within 15 working days of the observer’s disembarkation. 

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LIST OF APPENDICES: 
Appendix 1 – Licence application form 
Appendix 2 – Technical sheet 
Appendix 3 – Coordinates (latitudes and longitudes) of Madagascar’s Fishing Zone 
Appendix 4 – Map of Madagascar’s Fishing Zone 
Appendix 5 – Geographical coordinates and map of the fishing zone in which fishing by 
surface longliners is prohibited 
Appendix 6 – Fishing logbook – Statement of catch form for tuna seiners 
Appendix 7 – Fishing logbook – Statement of catch form for surface longliners 
Appendix 8 – Form for entry/exit catch report 
Appendix 9 – Format of VMS position message  

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Appendix 1 – Licence application form 

MINISTRY FOR FISHERIES OF MADAGASCAR 

APPLICATION FOR A LICENCE FOR FOREIGN INDUSTRIAL FISHING VESSELS 

1. 

2. 

3. 

4. 

5. 

6. 

7. 

8. 

9. 

Name of ship-owner:..............................................................................................................................  

Address of ship-owner: ..........................................................................................................................  

Name of representative or agent: ...........................................................................................................  

Address of ship-owner’s representative or local agent: .........................................................................  

Name of captain: ....................................................................................................................................  

Name of vessel:......................................................................................................................................  

Registration No: .....................................................................................................................................  

Fax No:……………………………………………………………………………………………….. 

E-mail address: ………………………………………………………………………………………... 

10. 

Radio Call Sign: …………………………………………………………………………….…………….. 

11. 

Date and place of construction:..............................................................................................................  

12. 

Flag country: ..........................................................................................................................................  

13. 

Port of registration: ................................................................................................................................  

14. 

Port of fitting out:...................................................................................................................................  

15. 

Length (L.O.A.) .....................................................................................................................................  

16. 

Beam: .....................................................................................................................................................  

17. 

Gross Tonnage (UMS) :.........................................................................................................................  

18. 

Hold capacity: ........................................................................................................................................  

19. 

Cold storage and freezing capacity: .......................................................................................................  

20. 

Engine type and power: .........................................................................................................................  

21. 

Fishing gear: ..........................................................................................................................................  

22. 

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

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23. 

Communications equipment: .................................................................................................................  

24. 

Call sign: ................................................................................................................................................  

25. 

Identification markings: .........................................................................................................................  

26. 

Fishing operations to be carried out:......................................................................................................  

27. 

Place of landing: ....................................................................................................................................  

28. 

Fishing zones: ........................................................................................................................................  

29. 

Species to be caught:..............................................................................................................................  

30. 

Period of validity: ..................................................................................................................................  

31. 

Special conditions: .................................................................................................................................  

Opinion of the Directorate-General for Fisheries and Aquaculture: ....................................................................  

Comments of the Ministry responsible for fisheries: ...........................................................................................  

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Appendix 2 – TECHNICAL SHEET 

Fishing zone: 

- Beyond 20 nautical miles from the base lines. Area indicated in Appendices 3 and 4. 

- A protection area of 3 miles around national fish aggregating devices must be complied with. 

- The surface longliners covered by this Protocol may not fish in the areas of the Leven Bank and Castor Bank, the 
coordinates of which are indicated in Appendix 5.  

Authorised gear: 

• 

• 

Seine 

Surface longliners 

By-catches:  

• 

IOTC recommendations complied with 

Fees to be paid by ship-owners/catch equivalent: 

Fee to be paid by ship-owners per tonne caught 

EUR 35/tonne 

Cost of annual advance payments paid by ship-owners: 

• 

• 

• 

EUR 4 900  EUR  for  140  tonnes 
per tuna seiner  

EUR 3 675  per  105  tonnes  per 
surface longliner over 100 GT 

tonnes  per 
EUR 1 750  per  50 
surface  longliner  equal  to  or  less 
than 100 GT 

40 seiner vessels 

Number of vessels authorised to fish  

34 surface longliner vessels > 100 GT 

22 surface longliner vessels </ = 100 GT 

Other 

• 

• 

Feed per support vessel: EUR 2 500 per vessel 

Seamen:  

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

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third countries shall be of ACP origin, 

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

the third country shall be of ACP origin. 

- Ship-owners shall endeavour to take on board additional seamen of Malagasy origin. 

• 

Observers:  

- European Union vessels shall, at the request of the authorities of Madagascar, take on board one observer in order to 
reach the cover rate of 10% of licensed vessels. Nevertheless, vessels less than 100 GT are not subject to this measure. 

- With regard to any vessel taking aboard an observer, the ship-owner is asked to pay a contribution of EUR 20 for each 
day on board. This sum shall be paid to the Observers Programme administered by the FMC. 

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Appendix 3 – Coordinates (latitude and longitude) of Madagascar’s Fishing Zone 

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34 

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BOUNDARIES OF THE AREA IN WHICH FISHING IS PROHIBITED (in degree minutes) 

Point 

1 

2 

3 

4 

5 

6 

7 

8 

9 

Latitude 

12°18.44S 

11°56.64S 

11°53S 

12°18S 

12°30S 

12°32S 

12°56S 

13°01S 

12°53S 

Longitude 

47°35.63 

47°51.38E 

48°00E 

48°14E 

48°05E 

47°58E 

47°47E 

47°31E 

47°26E 

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EN 

36 

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Appendix 5 – Geographical coordinates and map of the fishing zone in which fishing by surface 
longliners is prohibited 

Point 

Latitude 

Longitude 

1 

2 

3 

4 

5 

6 

7 

8 

9 

12°18.44S 

47°35.63 

11°56.64S  47°51.38E 

11°53S 

48°00E 

12°18S 

48°14E 

12°30S 

48°05E 

12°32S 

47°58E 

12°56S 

47°47E 

13°01S 

47°31E 

12°53S 

47°26E 

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Appendix 6 – Fishing logbook – Statement of catch form for tuna seiners 

DEPART / SALIDA / DEPARTURE 

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

Statement of catch form for tuna seiners / Fiche de déclaration de captures pour thoniers senneurs 

ARRIVEE / LLEGADA / ARRIVAL 

NAVIRE / BARCO / VESSEL 

PATRON / PATRON / MASTER 

PORT / PUERTO / PORT 

FEUILLE 
HOJA / SHEET N° 

DATE / FECHA / DATE HEURE / 
/ 
HORA 
CORREDERA / LOCH 

/  HOUR 

LOCH 

DATE 

POSITION  (chaque  calée  ou 
midi) 

CALEE 

CAPTURE ESTIMEE 

ASSOCIATION 
ASSOCIACION 
ASSOCIATION

COMMENTAIRES 

COURANT 

2 

1 
ALBACORE 

LISTAO 

LISTADO 

RABIL 
YELLOWFIN 

Taille 
Talla 
Size

Capture

Captura

Catch 

Taille 
Talla 
Size 

Capture

Captura

Catch 

3  PATUDO 

AUTRE 
ESPECE 
préciser le/les nom(s) 

REJETS  préciser  le/les 
nom(s) 

PATUDO 
BIGEYE 

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

Nom 
Nombre 
Name 

Taille 
Talla 
Size 

Capture

Captura

Nom 
Nombre 
Name 

Taille 
Talla 
Size 

Capture

Captura

Catch

Catch

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

SIGNATURE  DATE 

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Appendix 7 – Fishing logbook – Statement of catch form for surface longliners 

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Appendix 8 – Form for entry/exit catch report 

COMMUNICATION FORMAT REPORTS 

1. ENTRY REPORT FORMAT (WITHIN 3 HOURS BEFORE ENTRY) 

ADDRESSEE: MADAGASCAR FMC 

ACTION CODE: IN 

VESSEL NAME: 

INTERNATIONAL RADIO CALL SIGN: 

FLAG COUNTRY:  

TYPE OF VESSEL:  

LICENCE NO:  

POSITION OF ENTRY: 

DATE AND HOUR (UTC) OF ENTRY: 

TOTAL QUANTITY OF FISH ON BOARD (KG): 

- YFT (Albacore/Yellowfin tuna/Thunnus albacares) in kg: 

- SKJ (Listao/Skipjack/Katsuwonus pelamis) in kg: 

- BET (Patudo/Bigeye tuna/Thunnus obesus) in kg: 

- ALB (Germon/Albacore tuna/Thunnus alalunga) in kg: 

- OTHERS (SPECIFY) in kg: 

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2. EXIT REPORT FORMAT (WITHIN 3 HOURS BEFORE THE EVENT) 

ADDRESSEE: MADAGASCAR FMC 

ACTION CODE: OUT 

VESSEL NAME: 

INTERNATIONAL RADIO CALL SIGN: 

FLAG COUNTRY:  

TYPE OF VESSEL:  

LICENCE NO:  

POSITION OF EXIT: 

DATE AND HOUR (UTC) OF EXIT: 

TOTAL QUANTITY OF FISH ON BOARD (KG): 

- YFT (Albacore/Yellowfin tuna/Thunnus albacares) in kg: 

- SKJ (Listao/Skipjack/Katsuwonus pelamis) in kg: 

- BET (Patudo/Bigeye tuna/Thunnus obesus) in kg: 

- ALB (Germon/Albacore tuna/Thunnus alalunga) in kg: 

- OTHERS (SPECIFY) in kg: 

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3. WEEKLY CATCH REPORT FORMAT (EVERY THREE DAYS WHILST THE 
VESSEL IS OPERATING IN MALAGASY WATERS) 

ADDRESSEE: MADAGASCAR FMC 

ACTION CODE: WCRT 

VESSEL NAME: 

INTERNATIONAL RADIO CALL SIGN: 

FLAG COUNTRY:  

TYPE OF VESSEL:  

LICENCE NO:  

TOTAL QUANTITY OF FISH ON BOARD (KG): 

- YFT (Albacore/Yellowfin tuna/Thunnus albacares) in kg: 

- SKJ (Listao/Skipjack/Katsuwonus pelamis) in kg: 

- BET (Patudo/Bigeye tuna/Thunnus obesus) in kg: 

- ALB (Germon/Albacore tuna/Thunnus alalunga) in kg: 

- OTHERS (SPECIFY) in kg: 

- NUMBER OF SETS MADE SINCE LAST REPORT  

All reports shall be transmitted to the competent authority at:  

Fax No: +261 20 22 490 14  

E-mail: csp-mprh@blueline.mg 

Centre de Surveillance des Pêches de Madagascar, B.P.60 114 Antananarivo 

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Appendix 9 – Format of VMS position message  

COMMUNICATION OF VMS MESSAGES TO MADAGASCAR 
POSITION REPORT 

Data Element 

Code  Mandatory/ 

Comments 

Optional 

Start record 

Addressee 

From 

Flag State 

Type of message 

Radio call sign 

Contracting Party internal 
reference number 

SR 

AD 

FR 

FS 

TM 

RC 

IR 

External registration number  XR 

Latitude 

Longitude 

Course 

Speed 

Date 

Time 

End record 

LA 

LO 

CO 

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 

Vessel detail – unique Contracting Party number (flag State 
ISO3 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. 

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LEGISLATIVE FINANCIAL STATEMENT 

1. 

LEGISLATIVE FINANCIAL STATEMENT 

1. 

FRAMEWORK OF THE PROPOSAL/INITIATIVE  

1.1.  Title of the proposal/initiative  

1.2.  Policy area(s) concerned in the ABM/ABB structure 

1.3.  Nature of the proposal/initiative  

1.4.  Objective(s)  

1.5.  Grounds for the proposal/initiative  

1.6.  Duration and financial impact  

1.7.  Management method(s) envisaged  

2. 

MANAGEMENT MEASURES  

2.1.  Monitoring and reporting rules  

2.2.  Management and control system  

2.3.  Measures to prevent fraud and irregularities  

3. 

ESTIMATED FINANCIAL IMPACT OF THE PROPOSAL/INITIATIVE  

3.1.  Heading(s)  of  the  multiannual  financial  framework  and  expenditure  budget 
line(s) affected  

3.2.  Estimated impact on expenditure  

3.2.1. Summary of estimated impact on expenditure  

3.2.2. Estimated impact on operational appropriations  

3.2.3. Estimated impact on appropriations of an administrative nature 

3.2.4. Compatibility with the current multiannual financial framework 

3.2.5. Third-party participation in financing  

3.3.  Estimated impact on revenue 

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LEGISLATIVE FINANCIAL STATEMENT 

1. 

FRAMEWORK OF THE PROPOSAL/INITIATIVE  

1.1. 

Title of the proposal/initiative  

Proposal for a Council Decision on the allocation of the fishing opportunities under 
the  Protocol  agreed  between  the  European  Union  and  the  Republic  of  Madagascar 
setting  out  fishing  opportunities  and  the  financial  contribution  provided  for  in  the 
Fisheries Partnership Agreement between the two parties currently in force. 

1.2. 

Policy area(s) concerned in the ABM/ABB structure7  

11. – Maritime Affairs and Fisheries 

11.03 - International fisheries and law of the sea 

1.3. 

Nature of the proposal/initiative  

(cid:133) The proposal/initiative relates to a new action  

(cid:133)  The  proposal/initiative  relates  to  a  new  action  following  a  pilot  project/preparatory 
action8  

X The proposal/initiative concerns the extension of an existing action  

(cid:133) The proposal/initiative relates to an action redirected towards a new action  

1.4. 

Objective(s) 

1.4.1.  The  Commission's  multiannual 

strategic  objective(s) 

targeted  by 

the 

proposal/initiative  

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

The  Fisheries  Partnership  Agreements  (FPAs)  also  ensure  coherence  between  the 
principles governing the Common Fisheries Policy and the commitments made under 
other  European  policies  (sustainable  use  of  third-country  resources,  combating 
illegal,  unreported  and  unregulated  (IUU)  fishing,  integration  of  partner  countries 
into the global economy and better political and financial governance of fisheries). 

1.4.2. 

Specific objective(s) and ABM/ABB activity(ies) concerned  

Specific Objective 1: 

7 
8 

ABM: activity-based management – ABB: activity-based budgeting. 
As referred to in Article 49(6)(a) or (b) of the Financial Regulation. 

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To contribute to sustainable fishing in non-EU waters, maintain a European presence 
in  distant-water  fisheries  and  protect  the  interests  of  the  European  fisheries  sector 
and of consumers by negotiating and concluding FPAs with coastal states, in keeping 
with other European policies. 

ABM/ABB activities concerned 

Maritime affairs and fisheries, international fisheries and law of the sea, international 
fisheries agreements (budget line 11.0301) 

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1.4.3.  Expected result(s) and impact 

Specify the effects which the proposal/initiative should have on the beneficiaries/groups targeted. 

The  conclusion  of  the  Protocol  will  help  maintain  the  fishing  opportunities  for 
European vessels in the fishing zone of Madagascar. 

The Protocol will also contribute to better management and conservation of fishery 
resources, through financial support (sectoral support) for the implementation of the 
annual and multiannual programmes adopted at national level by the partner country. 

1.4.4. 

Indicators of results and impact  

Specify the indicators for monitoring implementation of the proposal/initiative. 

Rates of utilisation of fishing opportunities (annual uptake of fishing authorisations 
as a percentage of availability under the Protocol); 

Gathering and analysing data on catches and the commercial value of the Agreement; 

Contribution to employment and to added value in the EU and to stabilising the EU 
market (in aggregate with other FPAs); 

Number of technical meetings and meetings of the Joint Committee. 

1.5. 

Grounds for the proposal/initiative  

1.5.1.  Requirement(s) to be met in the short or long term  

The Protocol for the 2007-12 period will expire on 31 December 2012. It is intended 
that  the  new  Protocol  will  apply  provisionally  from  the  date  of  signature.  A 
procedure  for  the  adoption  by  the  Council  of  a  Decision  regarding  the  provisional 
implementation of the Protocol has been launched in parallel with this procedure. 

The new Protocol will provide a framework for the fishing activities of the European 
fleet  and  will,  in  particular,  allow  ship-owners  to  continue  to  obtain  fishing 
authorisations in Madagascar’s fishing zone. In addition, the new Protocol enhances 
cooperation  between  the  EU  and  Madagascar,  with  a  view  to  promoting  the 
development of a sustainable fishing policy. It provides, in particular, for the vessels 
to be monitored via VMS and for the electronic transmission of catch data as well as 
specific clauses for the embarkation of seamen and observers.  

1.5.2.  Added value of EU involvement 

As  regards  this  new  Protocol,  failure  to  act  by  the  EU  would  allow  private 
agreements  to  emerge  which  would  not  guarantee  sustainable  fisheries.  The 
European  Union  also  hopes  that  with  this  Protocol,  Madagascar  will  continue  to 
cooperate effectively with the EU to ensure sustainable fishing. 

The  funds  available  under  the  Protocol  will  also  allow  Madagascar  to  continue  its 
strategic planning efforts for the implementation of its fisheries policies. 

EN 

47 

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1.5.3.  Lessons learned from similar experiences in the past 

The ex-post evaluation of the previous Protocol would recommend that it be renewed 
for the following reasons:  

- The agreement makes it possible to have access to a resource which is not exploited 
by the national sector and ensures the smooth running of the national tuna processing 
industry  which  is  of  great  direct  and  indirect  socio-economic  importance  for  the 
entire North region of Madagascar.  

- The agreement also makes it possible for the authorities of Madagascar to perform 
MCS  (monitoring,  control  and  surveillance)  and  to  monitor  the  wholesomeness  of 
the  products,  which  is  beneficial  for  the  entire  seafood,  fisheries  and  aquaculture 
sector in Madagascar.  

- The agreement has a direct impact on the economic activity in Madagascar of all 
the operators in the sector, by enabling these players to take advantage of resources 
within the constraints of controlled management, and to monitor the wholesomeness 
of the products, irrespective of their destination and finally by enabling exporters to 
supply  the  markets  where  there  is  a  demand  for  their  products,  notably  the  EU 
market.  

- The fisheries agreement has gone beyond its original scope of providing access to a 
resource  under  balanced  technical  and  financial  conditions  and  has  become  a  key 
factor upon which the maintenance of the fisheries/aquaculture sector in Madagascar 
and the thousands of jobs it has created depends. 

-  The  fishing  activity  developed  within  the  framework  of  the  agreement  does  not 
interact with national fishing, with the exception of longline fishing which will have 
to adapt to the development of a Malagasy fleet.  

- The agreement is financially balanced in terms of reference tonnage and fee levels. 
The  sectoral  partnership  which  has  been  commenced  is  an  indicator  of  the  trust 
between the two parties. 

The  agreement  is  also  important  as  regards  supporting  action  taken  by  the  EU 
particularly regarding combating IUU fishing. It provides a framework for bilateral 
sectoral  dialogue,  which  complements  in  an  effective  manner  the  frameworks  for 
existing bilateral and multilateral dialogue in the region. 

1.5.4.  Coherence and possible synergy with other relevant instruments 

Funds  paid  out  under  FPAs  constitute  fungible  revenue  in  the  budgets  of  the 
third-country  partners.  However,  the  allocation  of  parts  of  these  funds  for  the 
implementation of measures within the framework of the country’s sectoral policy is 
a condition for the conclusion and monitoring of FPAs. These financial resources are 
compatible  with  other  sources  of  funding  from  other  providers  of  international 
funding  in  order  to  carry  out  projects  and/or  programmes  at  national  level  in  the 
fisheries sector. 

EN 

48 

   EN 

 
1.6. 

Duration and financial impact  

X Proposal/initiative of limited duration  

–  X  Proposal/initiative in force from the date of signature of the protocol and for a 

duration of two years. 

–  X  Financial impact from 2013 to 2014 

(cid:133) Proposal/initiative of unlimited duration 

–  Implementation with a start-up period from YYYY to YYYY, 

–  Followed by full-scale operation. 

1.7.  Management method(s) envisaged9  

X Centralised direct management by the Commission  

(cid:133)  Centralised  indirect  management  with  the  delegation  of  implementation  tasks 
to: 

–  (cid:133)  executive agencies  

–  (cid:133)  bodies set up by the Communities10  

–  (cid:133)  national public-sector bodies/bodies with public-service mission  

–  (cid:133)  persons entrusted with the implementation of specific actions pursuant to Title 
V of the Treaty on European Union and identified in the relevant basic act within 
the meaning of Article 49 of the Financial Regulation  

(cid:133) Shared management with the Member States  

(cid:133) Decentralised management with third countries  

(cid:133) Joint management with international organisations (to be specified) 

If more than one management mode is indicated, please provide details in the "Comments" section. 

Notes  

9 

10 

Details  of  management  modes  and  references  to  the  Financial  Regulation  may  be  found  on  the 
BudgWeb site: http://www.cc.cec/budg/man/budgmanag/budgmanag_en.html 
As referred to in Article 185 of the Financial Regulation. 

EN 

49 

   EN 

 
                                                 
2. 

MANAGEMENT MEASURES  

2.1.  Monitoring and reporting rules  

Specify frequency and conditions. 

The  Commission  (DG  MARE,  in  collaboration  with  its  fisheries  counsellor  in 
Mauritius and the European Union’s Delegation in Madagascar) will ensure regular 
monitoring of the implementation of this Protocol, particularly as regards operators’ 
use of fishing opportunities and in terms of catch data.  

The Fisheries Partnership Agreement also provides for at least one annual meeting of 
the  Joint  Committee,  at  which  the  Commission  and  the  third  country  concerned 
review  the  implementation  of  the  Agreement  and  the  Protocol  thereto  and,  if 
necessary, adjust the programming and, where applicable, the financial contribution. 

2.2.  Management and control system  

2.2.1.  Risk(s) identified  

There is some risk involved in setting up a fisheries protocol, particularly with regard 
to the amounts intended to finance the sectoral fisheries policy (under-programming).  

2.2.2.  Control method(s) envisaged  

Extensive  dialogue  is  planned  on  the  programming  and  implementation  of  the 
sectoral policy. Joint analysis of progress, as referred to in paragraph 2.1, also forms 
part of these control methods. 

In  addition,  the  Protocol  contains  specific  clauses  for  its  suspension,  under  certain 
conditions and in given circumstances.  

2.3.  Measures to prevent fraud and irregularities  

Specify existing or envisaged prevention and protection measures 

The  Commission  undertakes  to  try  to  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 Partnership 
Agreement is subject to the Commission's 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. For this particular 
Protocol,  Article  2(6)  stipulates  that  the  entire  financial  contribution  must  be  paid 
into  a  Public  Treasury  account  opened  with  a  financial  institution  specified  by  the 
authorities of Madagascar. 

EN 

50 

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3. 

ESTIMATED FINANCIAL IMPACT OF THE PROPOSAL/INITIATIVE  

3.1. 

Heading(s)  of  the  multiannual  financial  framework  and  expenditure  budget 
line(s) affected  

•  Existing expenditure budget lines  

In order of multiannual financial framework headings and budget lines. 

Heading of 
multiannual 
financial 
framework 

Budget line 

Type of 
expenditure

Contribution  

EN 

51 

   EN 

 
DA/NDA 
11) 

from 
EFTA 
countries
12 

from 
candidate 
countries13 

from third 
countries 

within the 
meaning of Article 
18(1)(aa) of the 
Financial 
Regulation  

DA 

NO 

NO 

NO 

NO 

NDA 

NO 

NO 

NO 

NO 

2 

2 

Number  
[Description…………………...……………] 

11.0301 

International Fisheries Agreements 

11.010404 

International Fisheries Agreements 

Expenditure 

- 
management 

on  Administrative 

•  New budget lines requested  

(not applicable) 

11 
12 
13 

DA = Differentiated appropriations / NDA = Non-Differentiated Appropriations 
EFTA: European Free Trade Association.  
Candidate countries and, where applicable, potential candidate countries from the Western Balkans. 

EN 

52 

   EN 

 
 
 
 
 
 
                                                 
3.2. 

Estimated impact on expenditure  

3.2.1. 

Summary of estimated impact on expenditure  

Heading of multiannual financial framework:  

2 

Preservation and management of natural resources 

EUR million (to three decimal places) 

DG: MARE 

(cid:121) Operating appropriations  

Number of budget line: 11.0301 

Commitments 
Payments 

(1) 

(2) 

Appropriations  of  an  administrative  nature  financed  from  the  envelope 
of specific programmes15  

Number of budget line: 11.010404 

TOTAL appropriations 
for DG MARE 

Commitments 

Payments 

(3) 

=1+3 

=2+3 

Year 
N14 

2013 

1.525 
1.525 

0.031 

1.556 

1.556 

Year 
N+1 

2014 

1.525 
1.525 

0.071 

1.596 

1.596 

TOTAL 

3.050 
3.050 

0.102 

3.152 

3.152 

14 
15 

EN 

Year N is the year in which implementation of the proposal/initiative starts. 
Technical and/or administrative assistance and expenditure in support of the implementation of EU programmes and/or actions (former ‘BA’ lines), indirect research, 
direct research. In the specific case of this Protocol, the annual sum of EUR 0.031 million (for 2013 and 2014) will be used to cover the cost of a contract agent and a 
local agent in the EU Delegation in Madagascar and the estimated sum of EUR 0.040 million allocated to cover the costs of the ex-post and ex-ante evaluations in 
2014. 

53 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
                                                 
(cid:121) TOTAL operational appropriations16  

Commitments 

Payments 

(cid:121)  TOTAL  appropriations  of  an  administrative  nature 
financed from the specific programme envelope  

(4) 

(5) 

(6) 

TOTAL appropriations  
under HEADING 2 
of the multiannual financial framework 

Commitments 

=4+ 6 

Payments 

=5+ 6 

1.525 

1.525 

0.031 

1.556 

1.556 

If more than one heading is affected by the proposal / initiative: (not applicable) 

1.525 

1.525 

0.071 

1.596 

1.596 

3.050 

3.050 

0.102 

3.152 

3.152 

16 

EN 

The financial contribution comprises: a) EUR 975 000 for access right to the Madagascar fishing zone and b) EUR 550 000 relating to support for developing the 
sectoral fishing policy in the Republic of Madagascar.  

54 

EN 

 
  
 
 
 
                                                 
Heading of multiannual financial framework:  

5 

‘Administrative expenditure’ 

DG: MARE 

(cid:121) Human resources  

(cid:121) Other administrative expenditure  

TOTAL DG MARE 

Year 
N 

Year 
N+1 

2013 

2014 

0.082 

0.082 

0.010 

0.010 

0.092 

0.092 

TOTAL appropriations 
under HEADING 5 
of the multiannual financial framework  

(Total  commitments  = 
Total payments) 

0.092 

0.092 

Year 
N17 

Year 
N+1 

2013 

2014 

TOTAL appropriations  
under HEADINGS 1 to 5 
of the multiannual financial framework  

Commitments 

1.648 

1.688 

Payments 

1.648 

1.688 

17 

Year N is the year in which implementation of the proposal/initiative starts. 

EUR million (to three decimal places) 

EUR million (to three decimal places) 

TOTAL 

0.164 

0.020 

0.184 

0.184 

TOTAL 

3.336 

3.336 

EN 

55 

EN 

 
  
 
 
 
 
 
 
 
                                                 
3.2.2.  Estimated impact on operational appropriations  

–  (cid:133)  The proposal/initiative does not require the use of operational appropriations  

–  X  The proposal/initiative requires the use of operational appropriations, as explained below: 

Indicate objectives and 
outputs  

(cid:216) 

Commitment appropriations in EUR million (to three decimal places) 

Year 
N 

2013 

Year 
N+1 

2014 

OUTPUTS (Type of output) 

TOTAL 

Type of 
output18 

Average cost of the output 

r
e
b
m
u
N

SPECIFIC OBJECTIVE NO 119 

Tuna vessel licences 

Tonnage  

EUR 65 / t 

15 000 

Sectoral support 

0.550 

1 

TOTAL COST 

r
e
b
m
u
N

15 000 

1 

Cost 

0.975 

0.550 

1.525 

Cost 

Total No. 

Total cost 

0.975 

0.550 

1.525 

30000 

2 

1.950 

1.100 

3.050 

18 
19 

Outputs are products and services to be supplied (e.g.: number of student exchanges financed, number of km of roads built, etc.). 
As described in point 1.4.2. ‘Specific objective(s)’  

EN 

56 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
3.2.3.  Estimated impact on appropriations of an administrative nature 

3.2.3.1.  Summary  

–  (cid:133)  The  proposal/initiative  does  not 

require 

the  use  of  administrative 

appropriations  

–  X  The  proposal/initiative  requires  the  use  of  administrative  appropriations,  as 

explained below: 

EUR million (to three decimal places) 

Year 
N20 

2013 

Year 
N+1 

2014 

TOTAL 

0.082 

0.082 

0.164 

0.010 

0.010 

0.020 

0.092 

0.092 

0.184 

HEADING 5 
of the multiannual 
financial framework 

Human resources  

Other administrative 
expenditure  

Subtotal HEADING 5 
of the multiannual 
financial framework  

Outside HEADING 521 of 
the multiannual financial 
framework  

Human resources  

0.031 

0.031 

0.062 

Other expenditure of an 
administrative nature 

Subtotal  
outside HEADING 5 
of the multiannual 
financial framework  

0.000 

0.040 

0.040 

0.031 

0.071 

0.102 

TOTAL 

0.123 

0.163 

0.286 

3.2.3.2.  Estimated requirements in terms of human resources  

–  (cid:133)  The proposal/initiative does not require the use of human resources.  

20 
21 

Year N is the year in which implementation of the proposal/initiative starts. 
Technical  and/or  administrative  assistance  and  expenditure  in  support  of  the  implementation  of  EU 
programmes and/or actions (former ‘BA’ lines), indirect research, direct research. 

EN 

57 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
                                                 
–  x  The  proposal/initiative  requires  the  use  of  operational  appropriations,  as 

explained below: 

Estimate to be expressed in full amounts (or at most to one decimal place) 

Year 
N 
2013 

Year 
N+1 
2014 

0.65 

0.65 

Establishment plan posts (officials and temporary 
agents) 

XX 01 01 01 (Headquarters and 
Commission’s Representation Offices) 
XX 01 01 02 (in Delegation) 
XX 01 05 01 (Indirect research) 
10 01 05 01 (Direct research) 

(cid:121) External personnel (in full-time equivalent – FTE)22 

XX 01 02 01 (CA, INT, SNE from the ‘global envelope’) 

XX 01 02 02 (CA, INT, JED, LA and SNE in the 
delegations) 

XX 01 04 yy23 

- at Headquarters24 

11010104 

- in Delegation  
XX 01 05 02 (CA, INT, SNE - Indirect research) 
10 01 05 02 (CA, INT, SNE - Direct research) 

11010404 (CA, responsible for monitoring 
implementation of sectoral support) 
TOTAL 

XX is the policy area or budget title concerned. 

0.25 

0.25 

0.90 

0.90 

The requisite human resources will be provided by staff from the DG who are already assigned to managing the 
action and/or have been redeployed within the DG, together with any additional allocation where necessary that 
may be granted to the managing DG under the annual allocation procedure and taking budgetary constraints into 
account . 

Description of tasks to be carried out: 

Officials and temporary agents  Monitoring  and  management  of  the  process  for  the  (re)negotiation  the  FPA  and  the 
approval of the result of the negotiations by the institutions, management of the current 
FPA, including permanent working and financial monitoring; management of licences 

External staff 

Monitoring  the  implementation  of  the  sectoral  support  -  Contractual  Agent 
assigned to the Delegation (Madagascar): overall estimate of 0.3 people/year 

22 

23 
24 

CA=  Contract  Agent;  INT=  agency  staff  (‘Intérimaire’);  JED=  ‘Jeune  Expert  en  Délégation’  (Young 
Experts in Delegations); LA= Local Agent; SNE= Seconded National Expert.  
Under the ceiling for external personnel from operational appropriations (former "BA" lines). 
For  Structural  Funds,  European  Agricultural  Fund  for  Rural  Development  (EAFRD)  and  European 
Fisheries Fund (EFF). 

EN 

58 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
3.2.4.  Compatibility with the current multiannual financial framework  

–  X  The  proposal/initiative  is  compatible  with  the  current  multiannual  financial 

framework. 

3.2.5.  Third-party participation in financing  

–  X The proposal/initiative does not provide for co-financing by third parties.  

EN 

59 

   EN 

 
3.3. 

Estimated impact on revenue  

–  X  The proposal/initiative has no financial impact on revenue. 

EN 

60 

   EN