Proposal for a COUNCIL DECISION on the conclusion of the Protocol between the European Union and the Union of the Comoros setting out the fishing opportunities and financial contribution provided for in the Fisheries Partnership Agreement between the two parties currently in force
Date: 2013-11-08
Institutions: European Commission
Subjects: Comoros, catch quota, financial equalisation, fishing agreement, protocol to an agreement, revision of an agreement













EUR-Lex - 52013PC0773 - EN











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52013PC0773

Proposal for a COUNCIL DECISION on the conclusion of the Protocol between the European Union and the Union of the Comoros setting out the fishing opportunities and financial contribution provided for in the Fisheries Partnership Agreement between the two parties currently in force /* COM/2013/0773 final - 2013/0388 (NLE) */









EXPLANATORY MEMORANDUM
1.           CONTEXT OF THE PROPOSAL
On the basis
of the powers conferred on it by the Council[1],
the European Commission has conducted negotiations with the Union of the Comoros with a view to renewing the Protocol to the Fisheries Partnership Agreement between the
European Community and the Union of the Comoros. At the end of the negotiations
a new draft protocol was initialled by the negotiators on 5 July 2013. The
new Protocol covers a period of three years from 1 January 2014, the date of
provisional application laid down in Article 13.
The main aim
of the Protocol to the Agreement is to provide fishing opportunities for
European Union vessels in the fishing zone of the Union of the Comoros within the limits of the available surplus. The Commission’s negotiating position
was based in part on the results of an ex-post evaluation carried out by
external experts. 
The general
aim is to strengthen the cooperation between the European Union and the Union
of the Comoros, thereby creating a partnership framework within which to
develop a sustainable fisheries policy and sound exploitation of fisheries
resources in the fishing zone of the Union of the Comoros, in the interests of
both parties. 
More specifically, the
Protocol provides for fishing opportunities in the following categories:
–     
42 tuna seiners; 
–     
20 surface longliners. 
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 interested parties were consulted
during the evaluation of the Protocol for the period 2011-13. Experts from the
Member States were also consulted in technical meetings. These consultations
led to the conclusion that it would be beneficial to maintain a fishing
protocol with the Union of the Comoros.
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, as well as with
the Council Regulation concerning the allocation of the fishing opportunities
between the Member States of the EU. 
4.           BUDGETARY IMPLICATIONS 
The annual
financial contribution of EUR 600 000 is based on: (a) a reference tonnage of
6 000 tonnes, for an amount of EUR 300 000 linked to access and (b)
support for the development of the sectoral fisheries policy of the Union of
the Comoros amounting to EUR 300 000. This support meets the objectives of
the national fisheries policy and in particular the needs of the Union of the Comoros in the fight against illegal fishing.
2013/0388 (NLE)
Proposal for a
COUNCIL DECISION
on the conclusion of the Protocol between
the European Union and the Union of the Comoros setting out the fishing
opportunities and 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) and (7) thereof,
Having regard to the proposal from the
European Commission,
Having regard to the consent of the
European Parliament [2],
Whereas:
(1)       On 5 October 2006, the
Council adopted Regulation (EC) No 1563/2006 on the conclusion of the
Partnership Agreement in the fisheries sector between the European Community
and the Union of the Comoros [3].
(2)       On 3 May 2007
and 6 March 2008 respectively, the European Community and the Union
of the Comoros notified each other that the procedures necessary for entry into
force of the Agreement had been completed[4].
(3)       The Commission has
negotiated with the Union of the Comoros, on behalf of the European Union, a
new protocol granting European Union vessels fishing opportunities in the
fishing zone in which the Union of the Comoros exercises its jurisdiction.
(4)       By Decision …/2013/EU[5], the Council authorised the
signing and provisional application of the Protocol, subject to its later
conclusion. 
(5)       It is in the interest of
the EU to implement the Fisheries Partnership Agreement with the Union of the Comoros by means of a Protocol establishing the fishing opportunities, with the corresponding
financial contribution, and setting out the conditions for promoting
responsible and sustainable fishing in the fishing zone of the Union of the Comoros 
(6)       Article 9 of the Fisheries
Partnership Agreement between the European Union and the Union of the Comoros set up a Joint Committee to monitor the implementation, interpretation and
application of the Agreement and to adopt any changes to the Protocol as
provided for by its Article 5. With a view to implementing such changes, it is
appropriate to empower the European Commission to approve them under a
simplified procedure.
(7)       The Protocol should be
concluded,
HAS ADOPTED THIS DECISION:
Article 1
The Protocol setting out the fishing
opportunities and financial contribution provided for in the Fisheries
Partnership Agreement between the European Union and the Union of the Comoros is hereby concluded on behalf of the European Union. 
The text of the Protocol is attached to
this Decision.
Article 2
The President of the Council shall
designate the person empowered to proceed, on behalf of the European Union, to
the notification provided for in Article 14 of the Protocol in order to express
the consent of the European Union to be bound by the Protocol. 
Article 3
The European Commission shall be authorised
to approve any adjustments adopted by the Joint Committee under Article 5 of
the Protocol and Article 9 of the Fisheries Partnership Agreement between the
European Union and the Union of the Comoros.
Article 4
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
ANNEX 
PROTOCOL
between the European Union and the Union of the Comoros setting out the fishing opportunities and financial contribution provided for in
the Fisheries Partnership Agreement between the two parties currently in force 
Article 1
Period of application and fishing opportunities 
1.           From 1 January 2014, and
for a period of three years, the fishing opportunities granted under Article 5
of the Agreement shall be as follows:
Highly migratory species (species listed in
Annex 1 to the 1982 United Nations Convention on the Law of the Sea) with the
exception of the Alopiidae and Sphyrnidae families, in addition
to the following species: Cetorhinus maximus, Rhincodon typus, Carcharodon
carcharias, Carcharhinus falciformis, Carcharhinus longimanus;
–              
tuna seiners:         42 vessels
–              
surface longliners: 20 vessels.
2.           Paragraph 1 shall apply
subject to Articles 5, 6, 7 and 8 of this Protocol.
3.           Vessels flying the flag of
a Member State of the European Union (hereafter 'EU vessels') may engage in
fishing activities in the fishing zone of the Union of the Comoros only if they
are in possession of a valid fishing licence issued by the Union of the Comoros
under this Protocol.
Article 2
Financial contribution – Methods of payment
1.           For the period referred to
in Article 1, the financial contribution referred to in Article 7 of the
Fisheries Partnership Agreement shall be EUR 1 800 000. 
2.           The financial contribution
comprises:
(a)         
an annual amount for access to the Union of the Comoros's fishing zone of EUR 300 000, equivalent to a reference tonnage of 6 000
tonnes per year, and
(b)         
a specific amount of EUR 300 000 per year
to support the implementation of the Union of the Comoros's sectoral fisheries
policy.
3.           Paragraph 1 shall apply
subject to Articles 5, 6, 7 and 8 of this Protocol and Articles 12 and 13 of
the Agreement.
4.           The European Union shall
pay the financial contribution referred to in paragraph 1 at the rate of EUR
600 000 per year during the period of application of this Protocol,
corresponding to the sum of the annual amounts referred to in paragraph 2(a)
and (b).
5.           Payment of the financial
contribution laid down in paragraph 2(a) for access by EU vessels to the
fishing zone of the Union of the Comoros shall be made by the European Union no
later than 90 days after the date of provisional application of the Protocol,
and in the following years no later than 60 days after the anniversary date of
its provisional application.
6.           The parties shall ensure
regular monitoring of catches taken by EU vessels in the fishing zone of the
Union of the Comoros. To this end, the parties shall regularly analyse data on
the catch and effort of EU vessels operating in the fishing zone of the Union
of the Comoros, notably within the Joint Committee. 
7.           If the overall quantity of
catches by EU vessels in the fishing zone of the Union of the Comoros exceeds the reference tonnage specified in paragraph 2(a), the total amount of the
annual financial contribution shall be increased by EUR 50 for each additional
tonne caught during the year in question. However, the total annual amount paid
by the European Union shall not be more than twice the amount specified in
paragraph 2(a) (EUR 600 000). Where the quantities caught by EU vessels
exceed the quantities corresponding to twice the total annual amount, the
amount due for the quantity exceeding that limit shall be paid the following
year.
8.           The Comorian authorities
shall have full discretion regarding the use to which the financial
contribution referred to in paragraph 2(a) is put.
9.           The financial contribution
specified in Article 2(2) of this Protocol shall be paid into a Public Treasury
account opened with the Central Bank of the Comoros. The Union of the Comoros shall notify the account references to the European Union every year. 
10.         From this single account,
the amount corresponding to the financial contribution referred to in Article
2(b) shall be transferred to the account TR 5006 opened with the Central Bank
of the Comoros by the Ministry responsible for fisheries. 
Article 3
Promotion of responsible and sustainable fishing in the waters of the Union of
the Comoros 
1.           No later than three months
into the provisional application of this Protocol, the parties shall agree, within
the Joint Committee set up under Article 9 of the Fisheries Partnership
Agreement, on a multiannual sectoral programme and detailed implementing rules,
in particular:
(a)         
annual and multiannual guidelines for using the
financial contribution referred to in Article 2(2)(b);
(b)         
the objectives, both annual and multiannual, to
be met to ensure the conditions for responsible and sustainable fishing, taking
account of the priorities expressed by the Union of the Comoros in its national
fisheries policy or other framework policies promoting responsible and
sustainable fishing;
(c)         
criteria and procedures for evaluating the
results obtained each year.
2.           Any proposed amendments to
the multiannual sectoral programme must be approved by both parties within the
Joint Committee.
3.           Each year, the parties
shall carry out an evaluation within the Joint Committee of the progress made
in implementing the multiannual sectoral programme. If necessary, the parties
shall continue this monitoring after this Protocol expires, until the specific
financial contribution provided for in Article 2(2)(b) has been used up.
4.           Each year, the Union of
the Comoros shall decide on the allocation, if necessary, of an additional
amount to the part of the financial contribution referred to in Article 2(2)(b)
with a view to implementing the multiannual sectoral programme. The European
Union shall be informed of any such allocation. 
Article 4
 Scientific and technical cooperation to ensure responsible fishing 
1.           The parties hereby
undertake to promote responsible fishing in the fishing zone of the Union of
the Comoros based on the principle of non-discrimination between the different
fleets fishing in the zone and the fight against illegal, unreported and
unregulated fishing (IUU).
2.           Over the period covered by
this Protocol, the European Union and the Union of the Comoros shall endeavour to monitor the state of fishery resources in the Union of the Comoros's fishing zone.
3.           The parties shall comply
with the recommendations and resolutions of the Indian Ocean Tuna Commission
(IOTC) and undertake to promote cooperation at subregional level on the
responsible management of fishing activities.
4.           In accordance with Article
4 of the Agreement, based on the recommendations and resolutions adopted within
the IOTC and the best available scientific advice, the parties shall consult
each other within the Joint Committee set up under Article 9 of the Agreement
with a view to adopting, where necessary after a scientific meeting and by
mutual agreement, the technical conservation measures to be implemented by EU
vessels to ensure the sustainable management of fisheries resources.
Article 5
Review of fishing opportunities and technical measures by mutual agreement
within the Joint Committee
1.           As provided for by Article
9 of the Fisheries Partnership Agreement, the Joint Committee may review the
fishing opportunities referred to in Article 1 and adjust them by mutual
agreement, provided that they continue to comply with the IOTC's scientific
advice and recommendations.
2.           In this case the financial
contribution referred to in Article 2(2)(a) shall be adjusted proportionately
and pro rata temporis. However, the total annual amount of the financial
contribution paid by the European Union shall not be more than twice the amount
referred to in Article 2(2)(a).
3.           Where necessary the Joint
Committee may examine and adapt, by mutual agreement, the provisions governing
the pursuit of fishing activities and the rules for implementing this Protocol
and the Annexes thereto.
Article 6
Exploratory fishing and new fishing opportunities
1.           Where EU vessels are
interested in fishing activities not provided for in Article 1 for the purpose
of testing the technical feasibility and the economic viability of new
fisheries, licences for carrying out such activities on an exploratory basis
may be allocated in accordance with the relevant Comorian legislation. Where
possible such exploratory fishing shall be carried out with the support of
locally available scientific and technical expertise.
2.           To this end, the European
Union shall communicate to the Comorian authorities the applications for
exploratory fishing licences in a technical file specifying:
–              
the targeted species;
–              
the technical characteristics of the vessel;
–              
the experience of the vessel's officers with
regard to the fishing activities in question;
–              
the technical parameters of the trip (length,
gear, regions to be explored, etc.);
–              
the type of data collected to ensure scientific
monitoring of the fishing activities' impact on the resource and the
ecosystems. 
3.           Exploratory fishing
licences shall be granted for a maximum period of 12 months. They shall be
subject to the payment of a fee set by the Comorian authorities.
4.           Catches consistent with
and obtained during the exploratory trip shall remain the property of the
vessel owner. 
5.           The detailed results of
the trip shall be sent to the Joint Committee for analysis. 
6.           Where the parties consider
that such exploratory fishing trips have produced positive results, the
Comorian authorities, in a meeting of the Joint Committee, may allocate fishing
opportunities for new species to the EU fleet until the expiry of this
Protocol. The financial contribution referred to in Article 2(2)(a) of this
Protocol shall be increased accordingly. The fees and other conditions for
vessel owners laid down in the Annex shall be amended accordingly.
Article 7
Suspension and revision of the payment of the financial contribution
1.           The financial contribution
referred to in Article 2(2)(a) and (b) may be revised or suspended after
consultation within the Joint Committee if one or more of the following
conditions apply:
(a)         
fishing activities in the Union of the Comoros's fishing zone are prevented owing to unusual circumstances other than natural
phenomena;
(b)         
 significant changes in the formulation or
implementation of the fisheries policy of either one of the parties affecting
the provisions of this Protocol;
(c)         
activation of the consultation mechanisms laid
down in Article 96 of the Cotonou Agreement owing to a violation of essential
and fundamental elements of human rights within the meaning of Article 9 of
that Agreement.
2.           The European Union may
revise or suspend, partially or totally, the payment of the specific financial
contribution provided for in Article 2(2)(b) of this Protocol:
(a)         
if the results obtained are deemed inconsistent
with the programming in an evaluation carried out by the Joint Committee;
(b)         
in the event of failure to implement this
financial contribution.
3.           Payment of the financial
contribution shall resume after consultation and agreement between the parties
as soon as the situation prior to the events mentioned in paragraph 1 has
been re-established, and/or if the results of the financial implementation
referred to in point 2 so warrant.
Article 8 
Suspension of the implementation of the Protocol
1.           The implementation of this
Protocol may be suspended at the initiative of one of the parties after
consultation within the Joint Committee if one or more of the following
conditions apply: 
(a)         
fishing activities in the Union of the Comoros's fishing zone are prevented owing to unusual circumstances other than natural
phenomena;
(b)         
significant changes in the formulation or
implementation of the fisheries policy of either one of the parties affecting
the provisions of this Protocol;
(c)         
activation of the consultation mechanisms laid
down in Article 96 of the Cotonou Agreement owing to a violation of essential
and fundamental elements of human rights within the meaning of Article 9 of
that Agreement;
(d)         
non-payment of the financial contribution
provided for in Article 2(2)(a) by the European Union, for reasons other than
those provided for in Article 7 of this Protocol;
(e)         
a serious and unresolved dispute between the
parties on the application or the interpretation of this Protocol.
2.           Where the application of
the Protocol is suspended for reasons other than those given in paragraph 1(c)
above, it shall require the party concerned to notify its intention in writing
at least three months before the date on which suspension is due to take
effect. Suspension of the Protocol for the reasons given in paragraph 1(c)
shall apply immediately after the suspension decision has been taken.
3.           In the event of
suspension, the parties shall continue to consult each other with a view to
finding an amicable settlement to their dispute. Where such a settlement is
reached, application of the Protocol shall resume and the amount of the
financial contribution shall be reduced proportionately and pro rata
temporis to the period during which application of the Protocol was
suspended.
Article 9
Applicable legislation
1.           The activities of EU
fishing vessels operating in the Union of the Comoros's fishing zone shall be
governed by the applicable law in the Union of the Comoros, unless the
Fisheries Partnership Agreement or this Protocol provide otherwise.
2.           The parties shall notify
each other in writing of any changes in their fisheries policy or legislation. 
Article 10
Electronic communication
1.           The Union of the Comoros and the European Union undertake to install as soon as possible the computer
systems required for the electronic exchange of all the information and
documents related to the implementation of the Agreement.
2.           The electronic version of
documents provided for by this Protocol shall be considered equivalent to the
paper version in every respect.
3.           The Union of the Comoros and the European Union shall inform each other of any malfunction of a computer
system as soon as possible. The information and documents related to the
implementation of the Agreement shall then be automatically replaced by their
paper version.
Article 11
Confidentiality of data
The Union of the Comoros and the European Union
undertake to ensure that all nominative data relating to EU vessels and their
fishing activities to which they have gained access in the framework of the
Agreement will, at all times, be processed strictly in accordance with
confidentiality and data protection principles. 
Article 12
Termination 
1.           In the event of
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 would take effect.
2.           Dispatch of a notification
as referred to in the previous paragraph shall open consultations by the
parties.
Article 13
Provisional application
This Protocol with its Annex shall apply
provisionally from 1 January 2014.
Article 14
Entry into force
This Protocol with its Annex shall enter into force on the date on
which the parties notify each other of the completion of the procedures
necessary for that purpose.
ANNEX
CONDITIONS GOVERNING FISHING ACTIVITIES BY EUROPEAN UNION VESSELS 
Chapter I - General provisions
1.           Designation of the
competent authority
For the purposes of this Annex and unless otherwise
stated, any reference to the European Union (EU) or to the Union of the Comoros as a competent authority shall mean:
–              
for the European Union: the European Commission,
where applicable via the EU delegation in Mauritius;
–              
for the Union of the Comoros: The Comorian
Ministry responsible for fisheries.
2.           Fishing zone
To avoid adverse effects on small-scale
fisheries, EU vessels shall not be allowed to fish within 10 nautical miles of
any of the islands.
Shipping and fishing shall also be prohibited
for EU vessels within a radius of three nautical miles of anchored fish
aggregating devices (FADs) placed by the Ministry responsible for fisheries in
the Union of the Comoros. The Ministry shall inform the vessel owners of the
coordinates indicating the anchored FADs' position when the fishing licence is
issued. 
The zones closed to shipping and fishing shall
also be notified to the EU for information purposes, as shall any changes to
those zones, which must be announced at least two months before enforcement.
3.           Bank account
Before the Protocol's provisional application
the Union of the Comoros shall notify the EU of the details of the bank account
with the Comoros Central Bank into which the financial sums payable by EU
vessels under the Agreement must be paid. The associated bank transfer costs
shall be borne by the vessel owners.
Chapter II - Fishing licences
For the purposes of applying the provisions of this Annex, the term
‘fishing licence’ means the right to engage in fishing activities for a
specific period, in a specific zone or in a specific fishery.
1.           Condition for obtaining a
tuna fishing licence – eligible vessels
1.1.        The fishing licences
referred to in Article 7 of the Agreement shall be issued on the condition that
the vessel is included in the EU register of fishing vessels and in the IOTC
list of licensed fishing vessels, and that all previous obligations of the
vessel owner, the master or the vessel itself arising out of fishing activities
in the Union of the Comoros's fishing zone under the Agreement and the Comorian
fisheries legislation have been met.
1.2.        Any EU vessel applying for
a fishing licence may be represented by an agent resident in the Union of the Comoros.
2.           Application for a fishing
licence 
2.1.        The competent EU
authorities shall present to the competent authorities of the Union of the Comoros an application for each vessel wishing to fish under the Agreement at least 20 days
before the date of commencement of the period of validity requested.
2.2.        An initial application for
a fishing licence on the basis of the Protocol in force, or an application
submitted due to a technical change to the vessel concerned, shall be
accompanied by:
i.        proof that the advance has been paid
for the period of validity of the fishing licence;
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 side view, and at least 15 cm x 10 cm in size;
iv.      the vessel’s seaworthiness
certificate;
v.       the vessel’s registration number;
vi.      VMS transponder coordinates;
vii.     the fishing vessel’s contact details
(fax, e-mail, etc.).
2.3.        In the case of renewal of a
fishing licence under the Protocol in force for a vessel whose technical
specifications have not been modified, the renewal application need only be
accompanied by proof of payment of the fee.
3.           Fees 
3.1.        Fishing licences shall be
issued once the following fixed amounts have been paid to the competent
national authorities:
–              
EUR 4 235 per year per tuna seiner, equivalent
to the fees due for 77 tonnes of tuna caught in the Union of the Comoros's fishing zone; 
–              
EUR 2 475 per year per surface longliner,
equivalent to the fees due for 45 tonnes of tuna caught in the Union of
the Comoros's fishing zone. 
3.2.        The fee shall be EUR 55 per
tonne caught within the Union of the Comoros's fishing zone.
4.           Provisional list of
vessels permitted to fish 
Once it has received the fishing licence
applications and the notification of payment of the advance, the Union of the Comoros shall draw up without delay, for each category of vessel, the provisional list of
applicant vessels. This list shall be sent immediately to the national body
responsible for supervising fishing in the Union of the Comoros, and to the EU. 
The EU shall forward the provisional list to
the vessel owner or to the agent. If the EU offices are closed, the Union of
the Comoros may send the provisional list directly to the vessel owner or their
agent with a copy to the EU.
Vessels included on the provisional list shall
be permitted to start fishing pending the issue of a fishing licence. Vessels
must keep a copy of the provisional list on board until their fishing licence
is issued.
5.           Issue of fishing licences
For all vessels fishing licences shall be
issued to the vessel owners or their agent within 15 working days of the
competent authority receiving the full application.
The competent authority shall immediately send
a copy of the fishing licence to the EU Delegation in Mauritius.
Once it has been issued and received, the
fishing licence must be kept on board at all times.
6.           List of vessels licensed
to fish
Once the fishing licence is issued, the
national body responsible for supervising fishing activities shall immediately
draw up for each category of vessel the final list of vessels licensed to fish
in the Union of the Comoros'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 licence
Fishing licences shall be valid for one year
and be renewable.
8.           Transfer of fishing
licences
The fishing licence shall be issued for a given
vessel and shall not be transferable. However, where force majeure is
proven, and at the request of the EU, a vessel's fishing licence may be
replaced by a new licence issued for another vessel of the same category as the
first vessel, without payment of a new advance.
9.           Support vessels
9.1.        Support vessels must be
licensed in accordance with the provisions and conditions provided for in
Comorian legislation. 
9.2.        There must be no fee for
licences issued to support vessels. Such vessels must fly the flag of an EU
Member State or be part of a European company. 
9.3.        The competent Comorian authorities
shall send a list of these licences to the Commission, via the EU Delegation in
  Mauritius, on a regular basis.
Chapter III – Catch reporting 
1.           Fishing logbook
1.1.        The master of an EU vessel
fishing under the Agreement shall keep an IOTC fishing logbook, which must
comply with the relevant IOTC resolutions on data collection and transmission
with regard to fishing activities.
1.2.        The fishing logbook shall
be filled in by the master for each day the vessel is present in the fishing
zone of the Union of the Comoros.
1.3.        The fishing logbook shall
be filled in legibly, in block capitals, and shall be signed by the master.
1.4.        The master shall be
responsible for the accuracy of the data recorded in the fishing logbook.
2.           Catch reporting
2.1.        The master shall report the
vessel's catch by submitting to the Union of the Comoros its fishing logbooks
for the period of its presence in the Union of the Comoros's fishing zone. 
2.2.        The fishing logbooks shall
be transmitted in one of the following ways: 
i.        when passing through a Comorian
port, the original of each fishing logbook is to be submitted to the local
representative of the Union of the Comoros, who shall confirm receipt thereof
in writing; a copy of the logbook is to be handed over to the Union of the
Comoros's inspection team;
ii.       when leaving the fishing zone of the
Union of the Comoros without first passing through a Comorian port, the
original of each fishing logbook is to be sent within a period of seven working
days after arrival in any other port, and in any case within a period of 15
working days after leaving the fishing zone of the Union of the Comoros: 
–              
by e-mail, to the e-mail address given by the
national body responsible for supervising fishing activities;
–              
or by fax, to the number given by the national
body responsible for supervising fishing activities;
–              
or by letter sent to the national body
responsible for supervising fishing activities.
2.3.        Where the vessel returns
into the Union of the Comoros's fishing zone within the period of validity of
its fishing licence, a new catch declaration shall be required. 
2.4.        The master shall send a
copy of all the fishing logbooks to the EU Delegation in Mauritius, to the National Fisheries Monitoring and Inspection Centre (NFMCC) and to one of
the following scientific institutes:
i.        Institut de recherche pour le développement (IRD);
ii.       Instituto Español de Oceanografía
(IEO);
iii.      IPMA (Instituto Português do Mar e da
Atmosfèra).
2.5.        Where the provisions
concerning catch reporting are not complied with, the Union of the Comoros may suspend the fishing licence of the vessel concerned until the missing catch
declaration is submitted and penalise the vessel owner in accordance with the
relevant provisions of the national legislation in force. If the offence is
repeated, the Union of the Comoros may refuse to renew the fishing licence. The
Union of the Comoros shall inform the EU immediately of any penalty imposed in
this context.
3.           Transition to an
electronic system
The parties agree to introduce an electronic
logbook and a system for electronic reporting of catch data (ERS) in accordance
with the guidelines laid down in Appendix 3. The parties shall establish
together the details of how this system is to be implemented, with the aim of
making it operational from 1 July 2015. 
4.           Final statement of fees
for tuna vessels and surface longliners
4.1.        Until the electronic system
provided for under point 3 is in place, the EU shall draw up for each tuna
seiner and surface longliner, on the basis of its catch reporting confirmed by
the above scientific institutes, a final statement of the fees owed by the
vessel in respect of its annual season for the previous calendar year.
4.2.        The EU shall send this
final statement to the Union of the Comoros and to the vessel owner before 31
July of the current year.
4.3.        From the date the
electronic system provided for under point 3 becomes operational, the EU shall
draw up for each tuna seiner and surface longliner, on the basis of the
logbooks archived at the fisheries monitoring centre (FMC) of the flag State, a
final statement of the fees owed by the vessel in respect of its annual season
for the previous calendar year.
4.4.        The EU shall send this
final statement to the Union of the Comoros and to the vessel owner before 31 March
of the current year.
4.5.        If the final statement is
less than the flat-rate fee paid in advance, the remaining amount may not be
reclaimed by the vessel owner.
4.6.        If the final statement is
greater than the flat-rate fee paid in advance to obtain the fishing licence,
the vessel owner shall pay the outstanding balance to the competent national
authorities of the Union of the Comoros no later than 30 September of the
current year to the account referred to in of Chapter I, paragraph 3, of this Annex.
Chapter IV – Transhipments and landings
1.           Transhipment at sea is
prohibited. Any EU vessel wishing to tranship or land catches taken in the
Union of the Comoros's fishing zone must do so within ports of the Union of the
  Comoros.
2.           The master of an EU vessel
wishing to land or tranship must notify the NFMIC and, at the same time, the
port authority concerned in the Union of the Comoros at least 24 hours
before the landing or transhipment is to take place, of the following:
–              
the names of the fishing vessels involved in the
transhipment or landing,
–              
the name of the cargo vessel;
–              
the tonnage by species to be transhipped or
landed;
–              
the day of transhipment or landing; 
–              
the beneficiary of the landed catches. 
3.           Transhipment and landing
shall be considered as an exit from the Union of the Comoros's fishing zone.
Vessels must therefore submit their catch declarations to the competent
Comorian authorities and state whether they intend to continue fishing or leave
the Union of the Comoros's fishing zone.
4.           Any transhipment or
landing of catches not covered by the above points shall be prohibited in the
Union of the Comoros's fishing zone. Any person infringing this provision shall
be liable to the penalties provided for by Comorian law.
Chapter V – Signing-on of seamen 
1.           Each EU vessel shall take
on board, at its own expense, at least one (1) qualified Comorian seaman during
a trip in the fishing zone of the Union of the Comoros.
2.           Vessel owners shall be
free to select the seamen they take on board from the names on a list submitted
by the competent authority of the Union of the Comoros.
3.           The vessel owner or their
agent shall inform the competent authority of the Union of the Comoros of the names of the local seamen taken on board the vessel concerned, mentioning
their position in the crew.
4.           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.
5.           Seamen’s employment
contracts, a copy of which shall be given to the signatories, shall be drawn up
between the vessel owners’ agent(s) and the seamen and/or their trade unions or
representatives in consultation with the competent authority of the Union of
the Comoros. These contracts shall guarantee the seamen the social security
cover applicable to them, including life assurance and sickness and accident
insurance.
6.           The wages of the ACP
seamen shall be paid by the vessel owners. They shall be fixed by mutual
agreement between the vessel 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.
7.           Seamen employed aboard EU
vessels shall report to the master of the designated vessel on the day before
their proposed embarkation date. Where a seaman fails to report at the date and
time agreed for embarkation, the vessel owner shall be automatically absolved
of their obligation to take that seaman on board.
8.           In the event of failure to
comply with the obligation laid down in paragraph 1 for any reason other than
that given in the previous point, vessel owners shall be liable to pay a
flat-rate amount of EUR 20 per day and per vessel for each day their
vessels are present in the Union of the Comoros's fishing zone. The payment of
this amount shall take place within the limits laid down in point 6 of Section
4 of Chapter III of this Annex.
9.           The amount shall be used
for training local seamen and shall be paid into the account specified by the
Comorian authorities.
Chapter VI – Observers
1.           Vessels licensed to fish
under the Agreement shall take on board observers, preferably accredited at
regional level and designated by the Comorian authorities responsible for
fisheries, on the terms set out below.
1.1.        At the request of the
Ministry responsible for fisheries in the Union of the Comoros, tuna vessels shall take on board an observer appointed by the Ministry to check
catches made in Comorian waters.
1.2.        The competent authority of
the Union of the Comoros shall draw up a list of vessels designated to take an
observer on board and a list of the appointed observers. These lists shall be
kept up to date. They shall be forwarded to the EU as soon as they have been
drawn up and every three months thereafter where they have been updated.
1.3.        The competent authority of
the Union of the Comoros shall inform the vessel owners concerned, or their
agents, of the name of the observer appointed to be taken on board the vessel
at the time the licence is issued, or no later than 15 days before the
observer's planned embarkation date, also indicating the time the observer will
spend on board the vessel. 
2.           The conditions under which
an observer is taken on board shall be agreed between the vessel owner or their
agents and the Comorian authorities.
3.           The observer shall embark
in a port chosen by the vessel owner. The vessel owners concerned shall notify
the competent authorities ten days in advance of the date and port selected for
taking the observers on board.
4.           Where observers are taken
on board in a foreign country, their travel costs shall be borne by the vessel
owner. Should a vessel with an observer on board leave the Union of the Comoros's fishing zone, all measures must be taken to ensure the observer’s return to the Union of
the Comoros as soon as possible at the expense of the vessel owner.
5.           If the observer is not
present at the time and place agreed or within the twelve hours following the
time agreed, the vessel owner shall be automatically absolved of their
obligation to take the observer on board.
6.           An observer shall be
treated on board as an officer. He or she shall carry out the following tasks:
–              
observe the vessels' fishing activities;
–              
verify the position of vessels engaged in
fishing operations;
–              
note the fishing gear used;
–              
verify the data recorded in the logbook for
catches taken in the Union of the Comoros's fishing zone;
–              
verify the percentages of by-catches and
estimate the quantity of discards of species of marketable fin-fish,
crustaceans and cephalopods;
–              
report fishing data by radio, including the
quantity of catches and by-catches on board.
7.           The master shall do
everything in his/her power to ensure the physical safety and welfare of the
observer during the performance of his/her duties.
8.           The observer shall be
offered every facility needed to carry out their duties. The master shall give
him/her access to the means of communication needed for the discharge of their
duties, to documents directly concerned with the vessel’s fishing activities,
including in particular the logbook and the navigation log, and to those parts
of the vessel necessary to facilitate the exercise of their tasks.
9.           While on board, the
observer shall:
–              
take all appropriate steps to ensure that the
conditions of their boarding and presence on the vessel neither interrupt nor
hamper fishing operations;
–              
respect the material and equipment on board and
the confidentiality of all documents belonging to the vessel.
10.         At the end of the
observation period and before leaving the vessel, the observer shall draw up an
activity report to be transmitted to the competent authorities in the Union of
the Comoros, with a copy to the EU Delegation in Mauritius. He/she shall sign
it in the presence of the master, who may add or cause to be added to it any
observations considered relevant, followed by the master’s signature. A copy of
the report shall be given to the master of the vessel when the observer is put
ashore.
11.         The observer shall be provided
with board and lodging at the vessel owner's expense in the same conditions as
the officers, within the confines of the structure of the vessel.
12.         The salary and the social
security contributions of the observer shall be borne by the competent authorities
of the Union of the Comoros.
Chapter VII – Control and inspection
1.           Entry into and exit from
the fishing zone
1.1.        EU vessels shall notify the
Comorian authorities responsible for fisheries control of their intention to
enter or leave the Union of the Comoros's fishing zone at least three hours in
advance. 
1.2.        When notifying its entry or
exit, the vessel shall specify in particular: 
i.        the date, time and point of passage
scheduled;
ii.       the quantity of each species held on
board, identified by its FAO alpha 3 code and expressed in kilograms of live
weight or, if necessary, the number of individual fish;
iii.      the nature and presentation of the
product.
1.3.        This information should
preferably be communicated by e-mail or, failing that, by fax. The Union of the
  Comoros shall confirm receipt thereof immediately by return e-mail or fax.
1.4.        A vessel found to be
fishing without having informed the competent authority of the Union of the Comoros shall be regarded as a vessel in breach of the law. 
2.           Cooperation as regards
combating IUU fishing
In order to bolster the monitoring of fishing
and the fight against IUU fishing, masters of EU fishing vessels shall report
the presence of any vessels in the Union of the Comoros's fishing zone which
are not on the list of vessels licensed to fish in the Union of the Comoros.
Where the master of an EU fishing vessel
witnesses a fishing vessel engaged in activities which may constitute IUU
fishing, he or she may seek as much information as possible about what has been
sighted. Sighting reports shall be sent immediately to the competent authority
of the flag State of the sighting vessel, which shall transmit them to the EU
or to the body designated by it. The EU shall provide the Union of the Comoros with this information.
The Union of the Comoros shall send the EU any
sighting reports it has on fishing vessels engaged in activities which may
constitute IUU fishing in the fishing zone of the Union of the Comoros.
3.           Satellite-based vessel
monitoring system (VMS)
3.1.        Vessel position messages –
VMS
EU vessels holding a fishing licence must be
equipped with a satellite 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.       the vessel identification;
b.      the vessel's most recent geographical
position (longitude, latitude), with a margin of error of less than 500
metres and a confidence interval of 99%; 
c.       the date and time the position is
recorded;
d.       the speed and the course of the
vessel.
Each position message must be configured
according to the format set out in Appendix 2 to this Annex.
The first position recorded after entry into
the Union of the Comoros's fishing 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 Union of the
Comoros's fishing 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.
3.2.        Transmission by the vessel
in the event of breakdown of the VMS
The master shall ensure at all times that the
vessel's VMS is fully operational and that the position messages are correctly
transmitted to the FMC of the flag State. 
EU vessels with a defective VMS are not
authorised to enter the fishing zone of the Union of the Comoros.
In the event of breakdown while the vessel is
already operating in the Union of the Comoros’s fishing zone, the vessel's VMS
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 permitted to fish in
the Union of the Comoros's fishing zone. 
Vessels fishing in the Union of the Comoros's
fishing zone with a defective VMS must communicate their position messages by
e-mail or fax to the FMC of the flag State and to the Control Centre of the
flag State at the National Fisheries Monitoring and Inspection Centre (NFMIC)
of Union of the Comoros at least every six hours, and must provide all the mandatory
information.
3.3.        Secure communication of
position messages to the Union of the Comoros
The FMC of the flag State shall automatically
send the position messages of the vessels concerned to the NFMIC. The FMC of
the flag State and the NFMIC 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 the NFMIC shall be carried out electronically
using a secure communication system.
The NFMIC shall inform the FMC of the flag
State and the EU of any interruption in the reception of consecutive position
messages from a vessel holding a fishing licence which has not notified its
departure from the zone. 
3.4.        Malfunction of the
communication system
The Union of the Comoros shall ensure the
compatibility of its electronic equipment with that of the FMC of the flag
State and inform the EU immediately of any malfunction affecting the sending
and receiving 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 master shall be considered to be
responsible for any proven manipulation of the vessel’s VMS aimed at disturbing
its operation or falsifying its position messages. Any infringement shall be
subject to the penalties provided for by the Comorian legislation in force.
3.5.        Revision of the frequency
of position messages
On the basis of documentary evidence proving an
infringement, the NFMIC may ask the FMC of the flag State, with a copy to the
EU, to reduce the interval for sending position messages from a vessel to every
thirty minutes for a set period of investigation. Such documentary evidence
must be sent by the NFMIC to the FMC of the flag State and the EU. The FMC of
the flag State shall immediately send the position messages to the NFMIC at the
new frequency. 
The NFMIC shall immediately notify the FMC of
the flag State and the EU of the end of the inspection procedure.
At the end of the set investigation period, the
NFMIC shall inform the FMC of the flag State and the EU of any monitoring which
is required.
4.           Inspection at sea
Inspections at sea of EU fishing vessels
holding a licence to fish in the Union of the Comoros's fishing zone shall be
carried out by inspectors of the Union of the Comoros who are clearly
identified as being assigned to carry out fishing checks. 
Before going on board, the authorised
inspectors shall inform the EU vessel 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 master of the EU vessel
shall have the right to include their comments in the inspection report. The
inspection report shall be signed by the inspector drawing up the report and by
the master of the EU vessel.
The signature of the inspection report by the
master shall be without prejudice to the vessel owner’s right of defence in
respect of an infringement procedure. If the master refuses to sign this
document, he or she shall specify the reasons for doing so in writing and the
inspector shall write 'refusal to sign' on it.
The authorised inspectors shall give the master
of the EU vessel a copy of the inspection report before leaving the vessel.
In cases of infringement, a copy of the
infringement notification shall also be sent to the EU as provided for in
chapter VIII. 
5.           Inspection in port 
The inspection of EU vessels landing or
transhipping their catch in a Comorian port shall be carried out by inspectors
of the Union of the Comoros who are clearly identified as being assigned to
carry out fishing checks. 
Inspectors must provide proof of their
inspection warrant and identity and rank as inspectors before carrying out the
inspection. The Comorian inspectors shall stay on board the EU vessel only for
the time necessary to carry out the tasks related to the inspection and shall
conduct 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 Comorian
inspectors shall draw up an inspection report. The master of the EU vessel
shall have the right to include their comments in the inspection report. The
inspection report shall be signed by the inspector drawing up the report and by
the master of the EU vessel.
The signature of the inspection report by the
master shall be without prejudice to the vessel owner’s right of defence in
respect of an infringement procedure. If the master refuses to sign this
document, he or she shall specify the reasons for doing so in writing and the
inspector shall write 'refusal to sign' on it.
The Comorian inspector shall give the master of
the EU vessel a copy of the inspection report at the end of the inspection.
In cases of infringement, a copy of the
infringement notification shall also be sent to the EU as provided for in
chapter VIII. 
CHAPTER VIII – INFRINGEMENTS
1.           Handling of infringements
Any infringement committed in the fishing zone
of the Union of the Comoros by an EU vessel holding a fishing licence in
accordance with the provisions of this Annex must be the subject of an
inspection report.
2.           Detention of a vessel
Should an infringement be established, the EU
vessel having committed the infringement may be forced to cease its fishing
activity and, where the vessel is at sea, to return to a port in the Union of
the Comoros as required by Comorian law.
The Union of the Comoros shall provide, within
24 hours, electronic notification to the EU of any detention of an EU vessel
holding a fishing licence. The notification shall provide the reasons for the
detention and/or continued retention. 
Before taking any measure against the vessel,
the master, the crew or the cargo, with the exception of measures aimed at
protecting evidence, the NFMIC shall organise, within one working day after
notification of the vessel's detention, an information meeting to clarify the
events which led to the vessel’s detention and explaining what further action
may be taken. A representative of the flag State and of the vessel owner may
attend this information meeting. 
3.           Penalties for
infringements - Compromise procedure
The penalty for an established infringement
shall be established by the Union of the Comoros according to the provisions of
the national legislation in force.
A compromise procedure shall be launched prior
to any legal procedures between the Comorian authorities and the owner of 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 compromise procedure referred to above
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, the amount of which, as established by the Union of the Comoros,
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 vessel owner as soon as possible after the judgment has been
delivered: 
a.       in full, if no penalty has been
imposed;
b.      for the amount of the remaining
balance, if the penalty is a fine which is lower than the amount of the bank
guarantee.
The Union of the Comoros shall inform the EU of
the outcome of the legal proceedings within eight days of the judgement 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 has been paid at the end of a compromise
procedure, or once the bank guarantee has been deposited. 
Appendices
1.           Fishing licence application
form
2.           Communication of VMS
messages to the Union of the Comoros – Position report
3.           Guidelines for managing
and implementing the electronic reporting system for fishing activities (ERS)
Appendix
1
FISHING LICENCE
APPLICATION FORM FOR A FOREIGN FISHING VESSEL
I -
APPLICANT
1.      Name of vessel
owner:
.....................................................................................................................................................................................
2.      Address of vessel
owner:
.....................................................................................................................................................................................
3.      Name of vessel
owner’s association or agent: .....................................................................................................................................................................................
4.      Address of vessel
owner’s association or agent: .....................................................................................................................................................................................
4.      Telephone:
............................................      Fax: ......................  E-mail:
.......................................
6.      Name of master:
....................................     Nationality:
.............................             E-mail: …………….
II – VESSEL IDENTIFICATION
1.      Vessel name:
.................................................................................................................................................
2.      Flag country:
....................................................................................................................................
3.      External
registration number: ..................................................................................................................
4.      Port of registry:
……………...   MMSI: ……………….…     IMO number:……………….………
5.      Date on which
current flag was acquired: ........../........./........                Previous
flag, if any: …………….
6.      Year and place of
construction: ........../........./........ at: …………....       Radio call sign:
.........................
7.      Call frequency:
………………………………..         Satellite telephone number: …………………..…...
8.      Hull construction
material: Steel ¨ - Wood ¨ - Polyester ¨ - Other ¨ :……………………………………
III - TECHNICAL
CHARACTERISTICS AND EQUIPMENT
1.      Overall
length: :
.................................................................         Width:
................................................................
2.      Gross tonnage
(GT): .....................................             Net tonnage:
………………………………..
3.      Power of
main engine in kW: ............................       Make:
...........................         Type: ..........................
4.      Type of vessel:           ¨ Tuna seiner      ¨ Pole-and-line vessel       ¨ Support vessel (*)
5.      Fishing gear:
...............................................................................................................................................
6.      Fishing zones:
…………………………………………            Target species: …………………………………..
7.      Designated port
for landing operations: …………………………………………………………..
8.      Crew complement:
....................................................................................................................
9.      Method of
preservation on board: Cooling ¨ - Refrigeration ¨ - Mixed ¨ - Freezing ¨
10.    Freezing capacity
in tonnes/24 hours: .........          Hold capacity: .........................            Number:
......
11.    VMS
transponder:
                Manufacturer:
……………………………………… Model: …………………. Serial No.: ……….
                Software
version: ...........................................................             Satellite
operator: …………………………
(*) A list of the
fishing vessels for which this support vessel is responsible must be attached
to the respective form. The list must contain the name and number of the RFMO
(IOTC).
I, the undersigned, certify that the
information provided in this application is true and given in good faith.
                                                      
Done
at..............................................., on
......................................
Signature of applicant ....................................................
Appendix 2
COMMUNICATION OF VMS MESSAGES TO THE UNION OF THE COMOROS
POSITION REPORT
 Data element || Tag || Mandatory/Optional || Comments 
 Start record || SR || M || System detail – indicates start of record 
 Addressee || AD || M || Message detail – recipient. Alpha 3 ISO country code 
 Sender || FS || M || Message detail – sender. Alpha 3 ISO country code 
 Type of message || TM || M || Message detail - Message type 'POS' 
 Radio call sign || RC || M || Vessel detail – international radio call sign of vessel 
 Contracting Party internal reference number || IR || O || Vessel detail – unique contracting party number (flag State ISO3 code followed by number) 
 External registration number || XR || O || Vessel detail – number marked on side of vessel 
 Flag State || FS || O || Flag state detail 
 Latitude || LA || M || Vessel position detail – position in degrees and minutes N/S DDMM (WGS-84) 
 Longitude || LO || M || Vessel position detail – position in degrees and minutes E/W DDMM (WGS-84) 
 Date || DA || M || Vessel position detail – date of record of UTC position (YYYYMMDD) 
 Time || TI || M || Vessel position detail – time of record of UTC position (HHMM) 
 End record || ER || M || System detail - indicates end of record 
Character set: ISO 8859.1
Each data transmission is structured as follows:
a double slash (//) and the code 'SR' indicate
the start of the message;
a double slash (//) and a code indicate the
start of a data element;
a single slash (/) separates the code and the
data;
pairs of data are separated by a space;
the code 'ER' and a double slash (//) at the
end indicate the end of a record.
Optional data elements have to be inserted
between the start and end of the record.
Appendix 3
Guidelines for managing and implementing the electronic reporting system
for fishing activities (ERS)
General
provisions
1.           All EU fishing vessels must
be equipped with an electronic system, hereinafter referred to as an ‘ERS’,
capable of recording and transmitting data on the vessel’s fishing activities,
hereinafter referred to as ‘ERS data’, when the vessel is operating in the
fishing zone of the Union of the Comoros.
2.           An EU vessel that is not
equipped with an ERS, or whose ERS is not working, shall not be authorised to
enter the Union of the Comoros's fishing zone in order to engage in fishing
activities.       
3.           ERS data shall be
transmitted in accordance with these guidelines to the Fisheries Monitoring
Centre (hereinafter: FMC) of the flag State, which will make them automatically
available to the FMC of the Union of the Comoros. 
4.           The flag State and the
Union of the Comoros shall ensure that their FMCs have the necessary
IT equipment and software to automatically transmit ERS data in xml
format, available via [http://ec.europa.eu/cfp/control/codes/index_en.htm], and
shall have a backup procedure in place capable of saving and storing ERS data
in a format which will be computer-readable for at least three years.
5.           Any change or update to
the format referred to in point 3 shall be identified and dated and must be
operational six months after its introduction.
6.           ERS data must be
transmitted using the electronic means of communication operated by the
European Commission on behalf of the EU, referred to as the DEH (Data Exchange Highway).
7.           The flag State and the
Union of the Comoros shall each designate an ERS correspondent who will act as
the point of contact. 
(a)         
ERS correspondents shall be designated for a
minimum period of six months.
(b)         
The FMC of the flag State and that of the Union
of the Comoros shall notify each other of the contact details (name, address,
telephone and telex numbers and emails) of their ERS correspondents.
(c)         
Any changes to the contact details of the ERS
correspondent must be notified immediately.
Producing
and communicating ERS data
1.           EU fishing vessels must:
(a)         
send ERS data on a daily basis for each day
spent in the Union of the Comoros's fishing zone;
(b)         
record, for each seine tow or set of a longline,
the quantities of each species caught and kept on board as a target species or
bycatch, or rejected;
(c)         
declare the bad catch of each species specified
in the fishing licence issued by the Union of the Comoros;
(d)         
identify each species by its FAO alpha 3 code;
(e)         
express quantities in kilograms of live weight
or, where necessary, the number of individual fish;
(f)           
record, in the ERS data, the transhipped and/or
landed quantity of each species specified in the fishing licence issued by the
Union of the Comoros; 
(g)         
record in the ERS data, every time the Union of
the Comoros's fishing zone is entered (COE message) or exited (COX message), a
specific message containing the quantities held on board at the time of passing
for each species specified in the fishing licence issued by the Union of the
Comoros;
(h)         
transmit ERS data on a daily basis to the FMC of
the flag State using the format referred to in paragraph 3 above, by 23:59 UTC
at the latest.
2.           The master is responsible
for the accuracy of the ERS data recorded and sent. 
3.           The FMC of the flag State
shall send the ERS data automatically and without delay to the FMC of the Union
of the Comoros. 
4.           The FMC of the Union of
the Comoros shall confirm that it has received the ERS data by means of a
return message and shall handle all ERS data confidentially. 
Failure
of the on-board ERS and/or transmission of ERS data between the vessel and the
FMC of the flag State
1.           The flag State shall
immediately inform the master and/or owner of a vessel flying its flag, or
their representative, of any technical failure of the ERS installed on board or
any breakdown in transmission of ERS data between the vessel and the FMC of the
flag State. 
2.           The flag State shall
inform the Union of the Comoros of the failure detected and the corrective
measures taken. 
3.           In the event of a
breakdown in the on-board ERS, the master and/or owner shall ensure the ERS is
repaired or replaced within ten days. If the vessel makes a call at a port
within those ten days, it may only resume fishing activity in the Union of the Comoros's fishing zone once its ERS is in perfect working order, unless the Union of the Comoros authorises otherwise. 
4.           Following a technical
failure in its ERS, a fishing vessel may not leave port until:
(a)         
its ERS is in working order again, to the
satisfaction of the flag State and the Union of the Comoros, or
(b)         
if the vessel does not resume its fishing
activities in the Union of the Comoros's fishing zone, it is authorised to do
so by the flag State. In the latter case, the flag State shall inform the Union
of the Comoros of its decision before the vessel leaves. 
5.           Any EU vessel operating in
the Union of the Comoros's fishing zone with a faulty ERS must transmit all ERS
data on a daily basis and by 23:59 UTC at the latest to the FMC of the
flag State by any other available means of electronic communication accessible
to the FMC of the Union of the Comoros. 
6.           ERS data which could not
be made available to the Union of the Comoros via the ERS owing to a failure as
referred to in paragraph 12 shall be transmitted by the FMC of the flag State
to the FMC of the Union of the Comoros by another mutually agreed form of
electronic communication. This alternative transmission shall be considered
priority, it being understood that it will not be possible to comply with the
transmission deadlines usually applicable.
7.           If the FMC of the Union of
the Comoros does not receive ERS data from a vessel for three consecutive days,
the Union of the Comoros may instruct the vessel to immediately call at a port
of the Union of the Comoros's choosing in order to investigate. 
FMC
failure – ERS data not received by the FMC of the Union of the Comoros
1.           In the event that ERS data
are not received by an FMC, its ERS correspondent shall immediately inform the
ERS correspondent for the other FMC and, if necessary, work together in order
to solve the problem.
2.           The FMC of the flag State
and the FMC of the Union of the Comoros shall mutually agree on the alternative
means of electronic communication to be used in order to transmit ERS data in
the event of a FMC failure, and shall immediately inform one another of any
changes.
3.           If the FMC of the Union of
the Comoros reports that ERS data have not been received, the FMC of the flag
State shall identify the causes of the problem and take appropriate measures in
order to solve it. The FMC of the flag State shall inform the FMC of the Union
of the Comoros and the EU of the results and the measures taken, within
24 hours after recognising the failure. 
4.           If more than 24 hours
is required to solve the problem, the FMC of the flag State shall immediately
transmit the missing ERS data to the FMC of the Union of the Comoros via one of the alternative means of electronic communication referred to in point
17.
5.           The Union of the Comoros shall inform its competent monitoring services (MCS) in order that EU vessels are not
considered by the FMC of the Union of the Comoros to be in violation of their
obligations for not transmitting ERS data owing to a failure at one of the
FMCs.
FMC
maintenance
1.           Planned maintenance of an
FMC (maintenance programme) which may affect the exchange of ERS data must be
notified at least 72 hours in advance to the other FMC, indicating, where
possible, the date and duration of the maintenance work. Information on
unplanned maintenance work shall be sent to the other FMC as soon as possible.
2.           During the maintenance
work, the provision of ERS data may be put on hold until the system is operational
again. The relevant ERS data shall be made available immediately after the
maintenance work has been completed.
3.           If the maintenance work
takes more than 24 hours, ERS data shall be sent to the other FMC using
one of the alternative means of electronic communication referred to in point
17.
4.           The Union of the Comoros shall inform its competent monitoring services (MCS) in order that EU vessels are not
considered by the FMC of the Union of the Comoros to be in violation of their
obligations for not transmitting ERS data owing to maintenance at an FMC.
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
contributions 
              3.3.    Estimated impact on revenue
LEGISLATIVE FINANCIAL STATEMENT
1.           FRAMEWORK OF THE
PROPOSAL/INITIATIVE 
1.1.        Title of the
proposal/initiative 
Proposal for a Council Decision on the conclusion of the Protocol
between the European Union and the Union of the Comoros setting out the fishing
opportunities and financial contribution provided for in the Fisheries
Partnership Agreement in force between the two parties
1.2.        Policy area(s) concerned
in the ABM/ABB structure[6] 
11. – Maritime affairs and fisheries policies
11.03 – International fisheries and law of the sea
1.3.        Nature of the
proposal/initiative 
¨ The
proposal/initiative relates to a new action 
¨ The proposal/initiative
relates to a new action following a pilot project/preparatory action[7] 
X The
proposal/initiative relates to the extension of an existing action 
¨ 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 giving EU fishing vessels access to
fishing zones under the jurisdiction of third countries and developing
partnership with those countries 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:
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 consumers by negotiating and concluding FPAs with
coastal states, consistent with other European policies.
ABM/ABB activity(ies) concerned
Maritime affairs and fisheries, International fisheries and law of
the sea, International fisheries agreements (budget line 11.0301)
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 fishing
opportunities for EU vessels in the fishing zone of the Union of the Comoros.
The Protocol will also contribute to better management and
conservation of fishery resources, through financial support (sectoral support)
for the implementation of programmes adopted at national level by the partner
country, in particular as regards monitoring and combating illegal fishing.
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 period 2011-2013 will expire on 31 December 2013.
The new Protocol shall apply provisionally as from 1 January 2014. To secure
continuity of fishing operations, a procedure for adoption by the Council of a
Decision on the signing and provisional application 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 in the Union of the Comoros's fishing zone and will allow
European vessel owners to apply for fishing licences allowing them to fish in
the Union of the Comoros's fishing zone. In addition,
the new Protocol enhances cooperation between the EU and the Union of the Comoros, with a view to promoting the development of a sustainable fishing policy. It
provides, in particular, for vessels to be monitored via VMS and for the
electronic transmission of catch data. Sectoral support has been strengthened
to help the Union of the Comoros to meet its international obligations in terms
of the State's control of the port.
1.5.2.     Added value of EU
involvement
As regards this new Protocol, failure to act by the EU would allow
the emergence of private agreements which would not guarantee sustainable
fisheries. The EU also hopes that with this Protocol, the Union of the Comoros will continue to cooperate effectively with the EU particularly as regards the
fight against illegal fishing.
1.5.3.     Lessons learned from
similar experiences in the past
The under-utilisation of the previous Protocol led the parties to
reduce the fishing opportunities. Sectoral support has been maintained taking
account of the needs of the Union of the Comoros's fishing authorities. 
1.5.4.     Compatibility and possible
synergy with other appropriate instruments
Funds paid out under FPAs constitute fungible revenue in the budgets
of the third-country partners. However, allocating some of those funds for
implementing measures as part 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 for carrying out projects and/or programmes at national level in the
fisheries sector.
1.6.        Duration and financial
impact 
X Proposal/initiative of limited duration 
–     
X  Proposal/initiative in effect from 1.1.2014 until
31.12.2016.
–     
X  Financial impact from 2014 to 2016.
¨ 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)
envisaged[8] 
X Centralised direct management by the
Commission
¨ Centralised indirect management with the delegation of implementation tasks to:
–     
¨  executive agencies
–     
¨  bodies set up by the Communities[9]
–     
¨  national public-sector bodies/bodies with public-service mission 
–     
¨  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
¨ Shared management with Member States
¨ Decentralised management with third countries
¨ Joint management with international organisations
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 EU Delegation in Mauritius) 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 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 in setting up a fisheries protocol, particularly
with regard to the amounts intended to finance the sectoral fisheries policy
(under-programming). These difficulties were not encountered with the Union of
the Comoros during the implementation of the 2011-13 Protocol.
2.2.2.     Control method(s) envisaged

In-depth discussions are planned on the programming and
implementation of the sectoral policy. Joint analysis of results, as referred
to in Article 3, also forms part of these control methods.
In addition, the Protocol contains specific clauses for its
suspension, on 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 establish political dialogue and
regular consultation with the Union of the Comoros 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 an FPA 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(9) stipulates that the entire financial
contribution must be paid into a single Public Treasury account of Union of the
  Comoros.
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 
Following the order of multiannual financial framework headings and budget lines.
 Heading of multi-annual financial frame-work || Budget line || Type of expendi-ture || Contribution 
 Number [Description…...............................…] || Diff./ Non-diff. ([10]) || from EFTA countries[11]   || from candidate countries[12]   || from third countries || within the meaning of Article 18(1)(aa) of the Financial Regulation 
 2 || 11.0301 International fisheries agreements || Diff. || None || None || None || None 
·      New budget lines requested 
(not applicable)
Following the order of multiannual financial framework headings and budget lines.
 Heading of multi-annual financial frame-work || Budget line || Type of expendi-ture || Contribution 
 Number [Description…............................…] || Diff./ Non-diff. || from EFTA countries || from candidate countries || from third countries || within the meaning of Article 18(1)(aa) of the Financial Regulation 
   || [XX.YY.YY.YY]   ||   || YES/NO || YES/NO || YES/NO || YES/NO 
3.2.        Estimated impact on
expenditure 
3.2.1.     Summary of estimated impact
on expenditure 
EUR
million (to 3 decimal places)
 Heading of multiannual financial framework || Number 2 || Preservation and management of natural resources 
 DG: MARE ||   ||   || Year N[13] 2014 || Year N+1 2015 || Year N+2 2016 || TOTAL 
 Ÿ Operating appropriations ||   ||   ||   ||   
 Number of budget line: 11.0301 || Commitments || (1) || 0.600 || 0.600 || 0.600 || 1.800 
 Payments || (2) || 0.600 || 0.600 || 0.600 || 1.800 
 Number of budget line: || Commitments || (1a) ||   ||   ||   ||   
 Payments || (2a) ||   ||   ||   ||   
 Appropriations of an administrative nature financed from the envelope of specific programmes[14]   ||   ||   ||   ||   
 Number of budget line: 11.010401 ||   || (3) || 0.024 || 0.024 || 0.074 || 0.122 
 TOTAL appropriations for DG MARE || Commitments || =1+1a +3 || 0.624 || 0.624 || 0.674 || 1.922 
 Payments || =2+2a +3 || 0.624 || 0.624 || 0.674 || 1.922 
 Ÿ TOTAL operational appropriations || Commitments || (4) || 0.600 || 0.600 || 0.600 || 1.800 
 Payments || (5) || 0.600 || 0.600 || 0.600 || 1.800 
 Ÿ TOTAL appropriations of an administrative nature financed from the envelope of specific programmes || (6) || 0.024 || 0.024 || 0.074 || 0.922 
 TOTAL appropriations under HEADING 2 of the multiannual financial framework || Commitments || =4+ 6 || 0.624 || 0.624 || 0.674 || 1.922 
 Payments || =5+ 6 || 0.624 || 0.624 || 0.674 || 1.922 
If more than one heading is affected by the
proposal/initiative:
(not applicable)
 Ÿ TOTAL operational appropriations || Commitments || (4) ||   ||   ||   ||   
 Payments || (5) ||   ||   ||   ||   
 Ÿ TOTAL appropriations of an administrative nature financed from the envelope of specific programmes || (6) ||   ||   ||   ||   
 TOTAL appropriations under HEADINGS 1 to 4 of the multiannual financial framework (Reference amount) || Commitments || =4+ 6 ||   ||   ||   ||   
 Payments || =5+ 6 ||   ||   ||   ||   
 Heading of multiannual financial framework || 5 || ‘Administrative expenditure’ 
EUR
million (to 3 decimal places)
   ||   ||   || Year N[15] 2014 || Year N+1 2015 || Year N+2 2016 || TOTAL 
 DG MARE 
 Ÿ Human resources || 0.060 || 0.060 || 0.060 || 0.180 
 Ÿ Other administrative expenditure || 0.010 || 0.010 || 0.010 || 0.030 
 TOTAL DG MARE || Appropriations || 0.070 || 0.070 || 0.070 || 0.210 
 TOTAL appropriations under HEADING 5 of the multiannual financial framework || (Total commitments = Total payments) || 0.070 || 0.070 || 0.070 || 0.210 
EUR million (to 3 decimal places)
   ||   ||   || Year N[16] 2014 || Year N+1 2015 || Year N+2 2016 || TOTAL 
 TOTAL appropriations under HEADINGS 1-5 of the multiannual financial framework || Commitments || 0.694 || 0.694 || 0.744 || 2.132 
 Payments || 0.694 || 0.694 || 0.744 || 2.132 
3.2.2.     Estimated impact on
operational appropriations 
–      ¨   The proposal/initiative does not require
the use of operational appropriations 
–      X    The proposal/initiative requires the
use of operational appropriations, as explained below:
Commitment
appropriations in EUR million (to 3 decimal places)
 Indicate objectives and outputs ||   || Year N 2014 || Year N+1 2015 || Year N+2 2016 || TOTAL 
 OUTPUTS 
 Type[17]   || Average cost || Number || Cost || Number || Cost || Number || Cost || Total number || Total cost 
 SPECIFIC OBJECTIVE No 1…[18] ||   ||   ||   ||   ||   ||   ||   ||   
 Tuna vessel licences || Volume (tonnes) || 50 EUR/t || 6.000 || 0.300 || 6.000 || 0.300 || 6.000 || 0.300 || 18.000 || 0.900 
 - Sectoral support ||   || 0.300 || 1 || 0.300 || 1 || 0.300 || 1 || 0.300 || 3 || 0.900 
 Sub-total for specific objective N°1 ||   || 0.600 ||   || 0.600 ||   || 0.600 ||   || 1.800 
 SPECIFIC OBJECTIVE No 2… ||   ||   ||   ||   ||   ||   ||   ||   
 - Implementation ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   
 Sub-total for specific objective N°2 ||   ||   ||   ||   ||   ||   ||   ||   
 TOTAL COST ||   || 0.600 ||   || 0.600 ||   || 0.600 ||   || 1.800 
3.2.3.     Estimated impact on appropriations
of an administrative nature
3.2.3.1.  Summary 
–     
¨  The proposal/initiative does not require the use of appropriations
of an administrative nature 
–     
X  The proposal/initiative requires the use of
appropriations of an administrative nature, as explained below:
EUR million (to 3 decimal places)
   || Year N [19] 2014 || Year N+1 2015 || Year N+2 2016 || TOTAL 
 HEADING 5 of the multiannual financial framework ||   ||   ||   ||   
 Human resources || 0.060 || 0.060 || 0.060 || 0.180 
 Other administrative expenditure || 0.010 || 0.010 || 0.010 || 0.030 
 Subtotal HEADING 5 of the multiannual financial framework || 0.070 || 0.070 || 0.070 || 0.210 
 Outside HEADING 5[20] of the multiannual financial framework ||   ||   ||   ||   
 Human resources || 0.018 || 0.018 || 0.018 || 0.054 
 Other expenditure of an administrative nature || 0.006 || 0.006 || 0.056 || 0.068 
 Subtotal outside HEADING 5 of the multiannual financial framework || 0.024 || 0.024 || 0.074 || 0.122 
 TOTAL || 0.094 || 0.094 || 0.144 || 0.332 
The human resources
appropriations required will be met by appropriations from the DG that are
already assigned to management of the action and/or have been redeployed within
the DG, together if necessary with any additional allocation which may be
granted to the managing DG under the annual allocation procedure and in the
light of budgetary constraints. 
3.2.3.2.  Estimated requirements of
human resources 
–     
¨  The proposal/initiative does not require the use of human
resources. 
–     
X  The proposal/initiative requires the use of
human resources, as explained below:
Estimate to be expressed in full amounts
(or at most to one decimal place)
   || Year N 2014 || Year N+1 2015 || Year N+2 2016 
 Ÿ Establishment plan posts (officials and temporary agents) ||   ||   ||   
   ||   ||   ||   
 11 01 01 01 (Headquarters and Commission’s Representation Offices) || 0.45 || 0.45 || 0.45 
 11 01 01 02 (Delegations) ||   ||   ||   
 11 01 05 01 (Indirect research) ||   ||   ||   
 10 01 05 01 (Direct research) ||   ||   ||   
 Ÿ External personnel (in full-time equivalent – FTE)[21] ||   ||   ||   
 11 01 02 01 (CA, INT, SNE from the ‘global envelope’) ||   ||   ||   
 11 01 02 02 (CA, INT, JED, LA and SNE in the delegations) ||   ||   ||   
 11 01 04 01 [22]   || - at Headquarters[23]   ||   ||   ||   
 - in Delegations || 0.25 || 0.25 || 0.25 
 11 01 05 02 (CA, SNE, INT - Indirect research) ||   ||   ||   
 10 01 05 02 (CA, INT, SNE - Direct research) ||   ||   ||   
 Other budget lines (specify) ||   ||   ||   
 TOTAL || 0.7 || 0.7 || 0.7 
11 is the
policy area or budget title concerned.
The human resources
required will be met by staff from the DG who are already assigned to
management of the action and/or have been redeployed within the DG, together if
necessary with any additional allocation which may be granted to the managing
DG under the annual allocation procedure and in the light of budgetary
constraints.
Description of
tasks to be carried out:
 Officials and temporary staff || Monitoring and management of the process for the (re)negotiation of the FPA and the approval of the result of the negotiations by the institutions; management of the current FPA, including permanent operational and financial monitoring; management of licences. Desk officer DG MARE + HoU/deputy HoU = 0.30 FTE/year Secretariat: EUR 0.15 FTE/year Calculation of costs: 0.30 FTE/year x EUR 132 000/year = EUR 39 600/year => 0.040 million EUR/an 0.15 FTE/year x EUR 132 000/year = EUR 39 600/year => 0.020 million EUR/year 
 External staff || Monitoring the implementation of the sectoral support - Contractual Agent assigned to Delegation (Mauritius): overall estimate of 0.25 people/year Calculation of costs: 0.25 FTE/year x EUR 70 000/year = EUR 17 500/year => 0.018 million EUR/an 
3.2.4.     Compatibility with the
current multiannual financial framework 
–     
X  Proposal/initiative is compatible with the
current multiannual financial framework.
–     
¨  Proposal/initiative will entail reprogramming of the relevant
heading in the multiannual financial framework.
Explain what reprogramming is required,
specifying the budget lines concerned and the corresponding amounts.
–     
¨  Proposal/initiative requires application of the flexibility
instrument or revision of the multiannual financial framework[24].
Explain what is required, specifying the
headings and budget lines concerned and the corresponding amounts.
3.2.5.     Third-party contributions 
–     
X The proposal/initiative does not provide for
co-financing by third parties. 
–     
¨ The proposal/initiative provides for the co-financing estimated
below:
EUR
million (to 3 decimal places)
   || Year N || Year N+1 || Year N+2 || Enter as many years as necessary to show the duration of the impact (see point 1.6) || Total 
 Specify the co-financing body ||   ||   ||   ||   ||   ||   ||   
 TOTAL appropriations co-financed ||   ||   ||   ||   ||   ||   ||   
3.3.        Estimated impact on
revenue 
–     
X  Proposal/initiative has no financial impact
on revenue.
–     
¨  Proposal/initiative has the following financial impact:
–                   
¨         on own resources 
–                   
¨         on miscellaneous revenue 
EUR
million (to 3 decimal places)
 Budget revenue line: || Appropriations available for the current financial year || Impact of the proposal/initiative[25] 
 Year N || Year N+1 || Year N+2 || Enter as many years as necessary to show the duration of the impact (see point 1.6) 
 Article …. ||   ||   ||   ||   ||   ||   ||   
For miscellaneous
‘assigned’ revenue, specify the budget expenditure line(s) affected.
Specify the method for
calculating the impact on revenue.
[1]               Adopted by the Agriculture and Fisheries Council on
18 March 2013. 
[2]               OJ C …
[3]               OJ L 290, 20.10.2006.
[4]               OJ L 125, 9.5.2008.
[5]               OJ C …
[6]               ABM: Activity-based management – ABB: Activity-based
budgeting.
[7]               As referred to in Article 49(6)(a) or (b) of the
Financial Regulation.
[8]               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.htm
[9]               As referred to in Article 185 of the Financial
Regulation.
[10]             Diff. = Differentiated appropriations / Non-diff. =
Non-differentiated appropriations.
[11]             EFTA: European Free Trade Association. 
[12]             Candidate countries and, where applicable, potential
candidate countries from the Western Balkans.
[13]             Year N is the year in which implementation of the
proposal/initiative starts.
[14]             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.
[15]             Year N is the year in which implementation of the
proposal/initiative starts.
[16]             Year N is the year in which implementation of the
proposal/initiative starts.
[17]             Outputs are products and services to be supplied (e.g.:
number of student exchanges financed, number of km of roads built, etc.).
[18]             As described in point 1.4.2. ‘Specific objective(s)…’ 
[19]             Year N is the year in which implementation of the
proposal/initiative starts.
[20]             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.
[21]             CA= Contract Agent; INT= agency staff (‘Intérimaire’);
JED= ‘Jeune Expert en Délégation’ (Young Experts in Delegations); LA= Local
Agent; SNE= Seconded National Expert. 
[22]             Sub-ceiling for external staff under operational
appropriations (former ‘BA’ lines).
[23]             Concerns mainly the Structural Funds, European
Agricultural Fund for Rural Development (EAFRD) and European Fisheries Fund (EFF).
[24]             See points 19 and 24 of the Interinstitutional
Agreement.
[25]             As regards traditional own resources (customs duties,
sugar levies), the amounts indicated must be net amounts, i.e. gross amounts
after deduction of 25% for collection costs.