Proposal for a COUNCIL DECISION on the conclusion of the Protocol setting out the fishing opportunities and the financial contribution provided for in the Fisheries Partnership Agreement between the European Community and the Republic of Madagascar
Date: 2014-10-31
Institutions: European Commission
Subjects: Madagascar, agreement (EU), catch quota, fishing agreement, fishing area, fishing rights, protocol to an agreement













EUR-Lex - 52014PC0683 - EN











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52014PC0683

Proposal for a COUNCIL DECISION on the conclusion of the Protocol setting out the fishing opportunities and the financial contribution provided for in the Fisheries Partnership Agreement between the European Community and the Republic of Madagascar /* COM/2014/0683 final - 2014/0319 (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 Republic of Madagascar with a view to renewing the Protocol to the Fisheries Partnership
Agreement between the European Community and the Republic of Madagascar. At the end of the negotiations a new draft protocol was initialled by the
negotiators on 19 June 2014. The new Protocol
covers a period of four years from the date of provisional application laid
down in Article 15 – i.e. from the date of its signature and
1 January 2015 at the earliest.
The primary
objective of the Protocol to the Agreement is to grant fishing opportunities to
EU vessels in the fishing zone of the Republic of Madagascar, in line with the
management measures adopted by the relevant Regional Fisheries Management
Organisation, namely the Indian Ocean Tuna Commission (IOTC) and where
relevant, in keeping within the limits of the available surplus. The Commission
based itself in part on the results of an ex-post evaluation carried out by
external experts.
The general
objective is to enhance cooperation between the European Union and the Republic of Madagascar, thereby creating a partnership framework within which to develop a
sustainable fisheries policy and sound exploitation of fishery resources in the
fishing zone of the Republic of Madagascar, in the interests of both parties.
More specifically, the
Protocol provides for fishing opportunities in the following categories:
·      40 tuna seiners;
·      32 surface longliners with a tonnage greater than 100 GT;
·      22 surface longliners with a tonnage less than or equal to 100 GT.
The Commission proposes, on this basis,
that the Council, with the consent of the Parliament, adopt this new Protocol
by Decision.
2.           RESULTS OF CONSULTATIONS
WITH THE INTERESTED PARTIES AND IMPACT ASSESSMENTS
The interested parties were consulted
during the evaluation of the Protocol for the period 2013-14. 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 Republic of Madagascar.
3.           LEGAL ELEMENTS OF THE
PROPOSAL
This procedure is being initiated in
parallel with the procedures relating to the Council Decision adopting the
provisional application of the Protocol itself, as well as with the Council
Regulation concerning the allocation of the fishing opportunities between EU
Member States.
4.           BUDGETARY IMPLICATION
The annual financial contribution, which is
EUR 1 566 250 for each of the first two years of the Protocol
and EUR 1 487 500 for each of the following two years, is based
on: a) a reference tonnage of 15 750 tonnes linked to access, for an
annual amount of EUR 866 250 for each of the first two years of the
Protocol and EUR 787 500 for each of the following two years and b)
support for the development of the sectoral fisheries policy of the Republic of
Madagascar, amounting to EUR 700 000 per year. This support meets the
objectives of the national fisheries policy and in particular the needs of the Republic of   Madagascar in the fight against illegal fishing.
2014/0319 (NLE)
Proposal for a
COUNCIL DECISION
on the conclusion of the Protocol setting
out the fishing opportunities and the financial contribution provided for in
the Fisheries Partnership Agreement between the European Community and the Republic of   Madagascar
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 15 November 2007
the Council adopted Council Regulation (EC) No 31/2008[3] on the conclusion of
the Fisheries Partnership Agreement between the European Community and the Republic of   Madagascar.
(2)       The
European Union has negotiated with Madagascar a new protocol to the partnership agreement
granting European Union vessels fishing possibilities in the fishing zone over
which Madagascar has jurisdiction.
(3)       By Decision No …/2013/EU[4], the Council authorised
the signing and provisional application of the Protocol, without prejudice to
its later conclusion.
(4)       Article 9 of the
partnership agreement establishes a Joint Committee to monitor the
implementation, interpretation and application of the Agreement and to
reassess, where necessary, the level of fishing opportunities and,
consequently, of the financial contribution. With a view to implementing such
changes, it is appropriate to empower the European Commission to approve them
under a simplified procedure.
(5)       The Protocol should be
concluded,
HAS ADOPTED THIS DECISION:
Article 1
The Protocol setting out the fishing
opportunities and the financial contribution provided for by the Fisheries
Partnership Agreement between the European Community and the Republic of Madagascar is hereby concluded on behalf of the 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
provide the notification, as provided for in Article 16 of the Protocol,
in order to express the consent of the European Union to be bound by the
Protocol.
Article 3
In accordance with the conditions set out
in Annex 2 to this Decision, the European Commission shall be empowered to
approve the changes made to the Protocol by the Joint Committee, established
under Article 9 of the Fisheries Partnership Agreement between the
European Community and the Republic of Madagascar.
Article 4
This
Decision shall enter into force on the third day following that of its
publication in the Official Journal of the European Union.
Done at Brussels,
                                                                       For
the Council
                                                                       The
President
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 Republic of Madagascar setting out the fishing opportunities and
the financial contribution provided for in the Fisheries Partnership Agreement
between the two parties currently in force.
              1.2.    Policy area(s)
concerned in the ABM/ABB structure
11. –
Maritime Affairs and Fisheries
11.03 –
Compulsory contributions to regional fisheries management organisations (RFMOs)
and other international organisations and sustainable fisheries agreements
(SFAs).
              1.3.    Nature of the
proposal/initiative 
The
proposal/initiative relates to the extension of an existing 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 partnerships with
those countries with a view to strengthening the sustainable exploitation of
fishery resources outside EU waters.
The
Sustainable Fisheries Partnership Agreements (SFPAs) also ensure consistency
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
To
establish a governance framework for fishing activities carried out by Union
fishing vessels in third country waters (SFAs) (budget line 11.03.01).
              1.4.3  Expected result(s) and impact
The conclusion
of the Protocol will help maintain fishing opportunities for EU vessels in the
fishing zone of the Republic of Madagascar.
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 
Rates of
utilisation of fishing opportunities (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 SFPAs);
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 2013-14 will expire on 31 December 2014. It is
intended that the new Protocol will apply provisionally as of 1 January
2015. To secure continuity of fishing operations, a procedure for adoption by
the Council of a decision on the signature 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
Union fleet in the Republic of Madagascar's fishing zone and will allow
European vessel owners to apply for fishing authorisations allowing them to
fish in the Malagasy fishing zone. In addition, the
new Protocol enhances cooperation between the EU and the Republic of Madagascar, 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. Until the relevant IT systems become
operational, the transmission of catch data and fishing effort, via the usual
channels, will be more frequent. Sectoral support has been strengthened to help
the Republic of Madagascar meet its international obligations in terms of the
State’s responsibility to ensure monitoring of ports.
              1.5.2  Added value of EU involvement
As far as
this new Protocol is concerned, failure to act by the EU would allow the
emergence of private agreements, which would not help strengthen the capacity
of the third country in question to ensure governance for the fishing sector, and
would provide less of a guarantee as to the sustainability of fishing
activities. The European Union also hopes that with this Protocol, the Republic of   Madagascar will continue to cooperate effectively with the EU particularly as
regards the management of fishery resources and the fight against illegal
fishing.
              1.5.3  Lessons learned from similar experiences
in the past
The
under-use of fishing possibilities made available to certain segments of the
European fleet under the previous protocol has resulted in the parties reducing
fishing possibilities in these categories. The share of the contribution paid
to the partner third country in exchange for access, by EU economic operators,
has increased, whilst the EU share has reduced, in accordance with the
principle adopted by the CFP reform applied in other protocols recently
negotiated in the Indian Ocean. Sectoral support has been strengthened to take
into account programmes previously implemented and to reflect the needs of the Republic of   Madagascar’s fisheries administration.
              1.5.4  Compatibility and possible synergy with
other appropriate instruments
Funds paid
out under SFPAs constitute fungible revenue in the budgets of the third-country
partners. However, the conclusion and monitoring of SFPAs is subject to the
condition that some of these funds be assigned to the implementation of
measures forming part of the country’s sectoral policy. 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 
Proposal/initiative of limited duration 
            Proposal/initiative in effect
from 1.1.2015 until 31.12.2018.
            Financial impact from 2015 to
2018
              1.7.    Management
method(s) envisaged 
Direct management by the Commission
By its departments, including by its staff in
the Union delegations;
2.           MANAGEMENT MEASURES 
              2.1.    Monitoring and
reporting rules 
The
Commission (DG MARE, in collaboration with its fisheries counsellor in Mauritius and the European Union’s Delegation in Madagascar) will ensure regular monitoring of the
implementation of this Protocol, particularly as regards operators’ use of
fishing opportunities and in terms of catch data. 
The
Sustainable 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 Republic of Madagascar during the implementation of the 2013-14 Protocol.
              2.2.2  Control method(s) envisaged 
To avoid
these risks, extensive dialogue is planned on the programming and
implementation of the sectoral policy. Joint analysis of results, as referred
to in Article 6(3) of the Protocol, 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 
The
Commission undertakes to establish regular consultation and a political
dialogue with the Republic of Madagascar with a view to improving the
management of the Agreement and strengthening the EU’s contribution to the
sustainable management of fishery resources. In any case, any payment which the
Commission makes under an SFPA 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 4(4)
stipulates that the financial contribution must be paid into a single Public
Treasury account held at the Central Bank of Madagascar.
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 expenditure || Contribution 
 Number [Heading………………………...……………] || DA/ NDA ([5]) || from EFTA countries[6]   || from candidate countries[7]   || from third countries || within the meaning of Article 18(1)(aa) of the Financial Regulation 
 2 || 11.0301 To establish a governance framework for fishing activities carried out by Union fishing vessels in third country waters (SFAs) || DA || None || None || None || None 
New budget lines requested 
(not applicable)
              3.2.    Estimated impact
on expenditure 
              3.2.1  Summary of
estimated impact on expenditure 
EUR million (to 3 decimal places)
 Heading of multi-annual financial framework: || Number 2 || Preservation and management of natural resources 
 DG: MARE ||   ||   || Year N[8] 2015 || Year N+1 2016 || Year N+2 2017 || Year N+3 2018 || TOTAL 
 Ÿ Operational appropriations ||   ||   ||   ||   ||   
 Number of budget line: 11.0301 || Commitments || (1) || 1.566 || 1.566 || 1.488 || 1.488 || 6.108 
 Payments || (2) || 1.566 || 1.566 || 1.488 || 1.488 || 6.108 
 Appropriations of an administrative nature financed from the envelope of specific programmes[9] ||   ||   ||   ||   ||   
 Number of budget line: 11.010401 ||   || (3) || 0.042 || 0.042 || 0.042 || 0.092 || 0.218 
 TOTAL appropriations for DG MARE || Commitments || =1+3 || 1.608 || 1.608 || 1.530 || 1.580 || 6.326 
 Payments || =2+3 || 1.608 || 1.608 || 1.530 || 1.580 || 6.326 
 Ÿ TOTAL operational appropriations || Commitments || (4) || 1.566 || 1.566 || 1.488 || 1.488 || 6.108 
 Payments || (5) || 1.566 || 1.566 || 1.488 || 1.488 || 6.108 
 Ÿ TOTAL appropriations of an administrative nature financed from the envelope of specific programmes || (6) || 0.042 || 0.042 || 0.042 || 0.092 || 0.218 
 TOTAL appropriations for HEADING 2 of the multiannual financial framework || Commitments || =4+ 6 || 1.608 || 1.608 || 1.530 || 1.580 || 6.326 
 Payments || =5+ 6 || 1.608 || 1.608 || 1.530 || 1.580 || 6.326 
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 for HEADINGS 1 to 4 of the multiannual financial framework Commitments || Commitments || =4+ 6 ||   ||   ||   ||   
 Payments || =5+ 6 ||   ||   ||   ||   
 Heading of multi-annual financial framework: || 5 || ‘Administrative expenditure’ 
EUR million (to 3 decimal places)
   ||   ||   || Year N[10] 2015 || Year N+1 2016 || Year N+2 2017 || Year N+3 2018 || TOTAL 
 DG MARE 
 Ÿ Human resources || 0.059 || 0.059 || 0.059 || 0.059 || 0.236 
 Ÿ Other administrative expenditure || 0.010 || 0.010 || 0.010 || 0.010 || 0.040 
 TOTAL DG MARE || Appropriations || 0.069 || 0.069 || 0.069 || 0.069 || 0.276 
 TOTAL appropriations for HEADING 5 of the multiannual financial framework || (Total commitments = Total payments) || 0.069 || 0.069 || 0.069 || 0.069 || 0.276 
EUR million (to 3 decimal places)
   ||   ||   || Year N[11] 2015 || Year N+1 2016 || Year N+2 2017 || Year N+3 2018 || TOTAL 
 TOTAL appropriations for HEADINGS 1 to 5 of the multiannual financial framework || Commitments || 1.677 || 1.677 || 1.599 || 1.649 || 6.602 
 Payments || 1.677 || 1.677 || 1.599 || 1.649 || 6.602 
3.2.2      Estimated impact on
operational appropriations 
The
proposal/initiative requires the use of operational appropriations, as
explained below:
Commitment appropriations in EUR million (to 3 decimal
places)
 Indicate the objectives and outputs ||   || Year N 2015 || Year N+1 2016 || Year N+2 2017 || Year N+2 2018 || TOTAL 
 OUTPUTS 
 Type[12]   || Average cost of the output || Number || Cost || Number || Cost || Number || Cost || Number || Cost || Total No. || Total cost 
 SPECIFIC OBJECTIVE No 1…[13] ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   
 - Access to the Fishing Zone || Volume (tonnes) || N & N+1: 55 EUR/t || 15 750 || 0.866 || 15 750 || 0.866 || 15 750 || 0.788 || 15 750 || 0.788 || 63 000 || 3.308 
 N+2 & N+3: 50 EUR/t 
 - Sectoral support || Annual contribution || 0.300 || 1 || 0.700 || 1 || 0.700 || 1 || 0.700 || 1 || 0.700 || 4 || 2.800 
 Sub-total for specific objective No 1 ||   || 1.566 ||   || 1.566 ||   || 1.488 ||   || 1.488 ||   || 6.108 
 TOTAL COST ||   || 1.566 ||   || 1.566 ||   || 1.488 ||   || 1.488 ||   || 6.108 
              3.2.3  Estimated impact
on appropriations of an administrative nature
              3.2.3.1           Summary 
The proposal/initiative requires the use of
appropriations of an administrative nature, as explained below:
EUR million (to 3
decimal places)
   || Year N[14] 2015 || Year N+1 2016 || Year N+2 2017 || Year N+3 2018 || TOTAL 
 HEADING 5 of the multiannual financial framework ||   ||   ||   ||   ||   
 Human resources || 0.059 || 0.059 || 0.59 || 0.059 || 0.236 
 Other administrative expenditure || 0.010 || 0.010 || 0.010 || 0.010 || 0.040 
 Subtotal HEADING 5 of the multiannual financial framework || 0.069 || 0.069 || 0.069 || 0.069 || 0.276 
 Outside HEADING 5[15] of the multiannual financial framework   ||   ||   ||   ||   ||   
 Human resources || 0.036 || 0.036 || 0.036 || 0.036 || 0.144 
 Other expenditure of an administrative nature || 0.006 || 0.006 || 0.006 || 0.056 || 0.074 
 Subtotal outside HEADING 5 of the multiannual financial framework || 0.042 || 0.042 || 0.042 || 0.092 || 0.218 
 TOTAL || 0.111 || 0.111 || 0.111 || 0.161 || 0.494 
The appropriations
of an administrative nature 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 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 2015 || Year N+1 2016 || Year N+2 2017 || Year N+3 2018 
 Ÿ Establishment plan posts (officials and temporary agents) ||   ||   ||   ||   
   ||   ||   ||   ||   
 11 01 01 01 (Headquarters and Commission’s Representation Offices) || 0.30 || 0.30 || 0.30 || 0.30 
 11 01 01 02 (Delegations) ||   ||   ||   ||   
 Ÿ External personnel (in full-time equivalent – FTE)[16] ||   ||   ||   ||   
 11 01 02 01 (CA, SNE, INT from the ‘global envelope’) || 0.15 || 0.15 || 0.15 || 0.15 
 11 01 02 02 (CA, LA, SNE, INT and JED in the delegations) ||   ||   ||   ||   
 11 01 04 01 [17]   || - at Headquarters[18]   ||   ||   ||   ||   
 - in Delegations || 0.25 || 0.25 || 0.25 || 0.25 
 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 SFPA and the approval of the result of the negotiations by the institutions; management of the current SFPA, including permanent operational and financial monitoring; management of licences. Desk Officer DG MARE + Head of Unit/Deputy Head of Unit + secretarial staff: overall estimate of 0.45 FTE/year Unit cost          EUR 132 000 /year Calculation of costs:    0.45 people/year x EUR 132 000 /year Total costs:      EUR 59 400 => EUR 0.059 M  
 External personnel || Monitoring the implementation of the sectoral support - Contract Agent assigned to Delegation (Mauritius): overall estimate of 0.25 FTE/year Unit cost          EUR 145 000 /year Calculation of costs:    0.25 FTE/year x EUR 145 000 /year Total costs:      EUR 36 250 => EUR 0.036 M  
              3.2.4  Compatibility
with the current multiannual financial framework
The proposal/initiative is compatible with
the current multiannual financial framework.
              3.2.5  Third-party
contributions 
The proposal/initiative does not provide
for co-financing by third parties.
              3.3.    Estimated
impact on revenue
The proposal/initiative has no financial
impact on revenue
[1]               Adopted by the Agriculture and Fisheries Council on
14 April 2014.
[2]               OJ C , , p. .
[3]               OJ L 15, 18.1.2008, p.1.
[4]               OJ C …
[5]               DA= Differentiated appropriations / NDA=
Non-differentiated appropriations.
[6]               EFTA: European Free Trade Association. 
[7]               Candidate countries and, where applicable, potential
candidate countries from the Western Balkans.
[8]               Year N is the year in which implementation of the
proposal/initiative starts.
[9]               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.
[10]             Year N is the year in which implementation of the
proposal/initiative starts.
[11]             Year N is the year in which implementation of the
proposal/initiative starts.
[12]             Outputs are products and services to be supplied (e.g.:
number of student exchanges financed, number of km of roads built, etc.).
[13]             As described in Section 1.4.2. ‘Specific objective(s)…’

[14]             Year N is the year in which implementation of the
proposal/initiative starts.
[15]             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.
[16]             CA= Contract Agent; LA= Local Agent; SNE = Seconded
National Expert; INT = agency staff ('intérimaire'); JED = young expert in
delegation ('jeune expert en délégation'). 
[17]             Sub-ceiling for external staff under operational
appropriations (former ‘BA’ lines).
[18]             Essentially for Structural Funds, European Agricultural
Fund for Rural Development (EAFRD) and European Fisheries Fund (EFF).
ANNEX
Protocol setting out the fishing
opportunities and the financial contribution provided for by the Fisheries
Partnership Agreement between the European Community and the Republic of
Madagascar
Article 1
Scope
1.          The
fishing opportunities granted under Article 5 of the Fisheries Partnership
Agreement shall be as follows:
Tuna and similar
species (tuna, bonito, seerfishes, marlin, swordfish), associated species and
fisheries under the Indian Ocean Tuna Commission (IOTC) management mandate,
excluding
·               
species protected by
international conventions,
·               
species whose retention
on board, transhipment, landing or whose full or partial storage is prohibited
by the IOTC, in particular species belonging to the Alopiidae or Sphyrnidae
families, as well as
·               
the following species:
Cethorinus maximus, Rhincodon typus, Carcharodon carcharias, Carcharinus
falciformis and Carcharinus longimanus.
·               
40 tuna seiners,
and
·               
32 surface
longliners with a tonnage greater than 100 GT
·               
22 surface longliners
with a tonnage less than or equal to 100 GT.
2.          Paragraph 1 above shall apply subject to the provisions of
Articles 8 and 9 of this Protocol.
Article 2
Duration
This Protocol and its Annex shall apply for a period of four
years from the date of its provisional application.
Article 3
Principles and objectives underlying the implementation of this
Protocol
1.          The two
Parties hereby undertake to promote responsible fishing in the fishing zone of
Madagascar based on the principle of non-discrimination between the different
fleets fishing in that zone. All technical conservation measures relating to
the granting of fishing authorisations as specified in Appendix 2 to this
Protocol, shall apply to all foreign industrial fleets operating in the
Malagasy fishing zone under technical conditions similar to those applicable to
European Union fleets.
2.          The
Parties undertake to ensure that this Agreement is implemented in accordance
with Article 9 of the Cotonou Agreement on essential elements regarding
human rights, democratic principles and the rule of law, and fundamental
element regarding good governance, sustainable development and sound
environmental management. 
Article 4
Financial contribution
1.          For the
whole of the period referred to in Article 2, the financial contribution
referred to in Article 7 of the Fisheries Partnership Agreement shall be
EUR 6 107 500. 
2.          This
financial contribution shall be allocated as follows:
2.1.       an annual
amount of EUR 866 250 for each of the first two years of the
Protocol, and EUR 787 500 for each of the two following years,
equivalent to a reference tonnage, for all species, of 15 750 tonnes per
year for obtaining access to the Malagasy fishing zone, and 
2.2.       a specific
amount of EUR 700 000 per year for supporting and implementing Madagascar’s sectoral fishery resources and fishing policy. The financial contribution for
the sectoral support is made available to the Ministry of Fishery Resources and
Fishing.
3.          Paragraph 1
of this Article shall apply subject to the provisions of Articles 5, 6, 8,
11 and 12 of this Protocol. 
4.          The
financial contribution referred to in paragraph 2 shall be paid into a
Madagascar Public Treasury account opened at the Madagascar Central Bank, the
references of which are communicated to the European Union by Madagascar before the start of the provisional application and to be confirmed each year.
Article 5
Payment of the share of the financial
contribution for access 
1.          In the
event of the annual amount of catches of the species referred to in
Article 1 made in the fishing zone of Madagascar, as declared and
validated in respect of the European Union fishing vessels in accordance with
Section 1 of Chapter IV of the Annex to this Protocol, exceeding the reference
tonnage specified in paragraph 2.1 of Article 4, the amount of the annual
financial contribution shall be increased by EUR 55 during the first two
years of the Protocol, and EUR 50 during the last two years for each
additional tonne caught.
2.          However,
the annual amount paid by the European Union in respect of access to Madagascar’s fishing zone shall not be more than twice the amount indicated in paragraph
2.1 of Article 4 for the corresponding year. If the amounts caught by
European Union vessels in Madagascar’s fishing zone exceed a quantity
corresponding to twice that total annual amount, the amount due in respect of
the quantity exceeding that limit shall be paid the following year. 
3.          The
payment of the share of the financial contribution for the access by European
Union vessels to the fishing zone of Madagascar shall be made no later than
90 days after this Protocol’s provisional application as referred to in
Article 15 for the first year, and no later than the anniversary of the
date of the provisional application of the Protocol for the following years.
4.          The Malagasy
authorities shall have full discretion regarding the use to which the financial
contribution defined under paragraph 2.1 of Article 4 is put.
Article 6
Implementation and payment
of sectoral support
1.          The Joint
Committee shall agree on, no later than three months after the start of the
provisional application of this Protocol, a multiannual sectoral programme, the
general objective of which is to promote responsible and sustainable fisheries
in the fishing zone of Madagascar, in accordance with Madagascar’s national fisheries strategy.
2.          The
implementation of this multiannual sectoral support programme shall include,
amongst other things:
2.1        annual and
multiannual guidelines for using the specific amount of the financial
contribution referred to in paragraph 2.2. of Article 4; 
2.2.       the annual
and multiannual objectives to be met in order to introduce responsible fishing
and sustainable fisheries, taking account of the priorities expressed by
Madagascar in its national fisheries policy, in particular the national
strategy for the management of tuna fishing and in particular providing support
for traditional and artisanal fisheries, monitoring, control and surveillance
of fishing activities and in particular combating illegal, undeclared and
unmanaged (IUU) fishing, strengthening the capacity of Malagasy fisheries
research or the capacity for managing the access and use of marine ecosystems
and fisheries resources;
2.3.       criteria and
procedures including, where appropriate, budgetary and financial indicators to
be used for evaluating the results obtained each year.
3.          Each year
the Malagasy authorities shall submit, in the form of an annual report, a
progress report on activities implemented with the assistance of the financial
compensation for sectoral support. This report is to considered by the Joint
Committee. The annual report relating to the previous year will also include an
assessment of the implementation of the sectoral support over the whole
duration of the Protocol.
4.          Any
proposed amendment to the multiannual sectoral programme shall be submitted to
the Joint Committee.
5.          The
payment of the share of the financial contribution as regards sectoral support
shall be made in annual instalments on the basis of an analysis by the Joint
Committee and based on the results of the implementation of the sectoral
support, as provided for in paragraphs 3, 4 and 5 of this Article. 
6.          The
European Union may suspend all or part of the payment of the share of the
financial contribution referred to in paragraph 2.2 of Article 4 of this
Protocol, under the following conditions:
6.1.       if,
following the examination by the Joint Committee in accordance with point 6,
the results obtained were considered unsuitable for the programme adopted by
the Joint Committee;
6.2.       in the event
of failure to implement this financial contribution.
7.          After a
suspension as provided for in point 7, the payment of the share of the
financial contribution for sectoral support will only resume after consultation
and agreement between the two parties and once the results of the
implementation of the sectoral support comply with the programme schedule
adopted by the Joint Committee. Nevertheless, the payment of the share of the
financial contribution for sectoral support may only be made no later than six
months after the Protocol expires.
Article 7
 Scientific cooperation to
ensure responsible fishing 
1.          By means
of scientific cooperation, the Parties undertake to promote responsible fishing
in Madagascar’s fishing zone and for the species and fisheries managed under
the management mandate of IOTC. The Parties undertake to comply with the IOTC's
recommendations and resolutions.
2.          During
the period covered by this Protocol, the European Union and Madagascar shall exchange any relevant scientific information which will make it possible to monitor
the condition of fishery resources in Madagascar’s fishing zone.
3.          During the period covered by this Protocol, the
Parties may assemble, if necessary, a joint scientific working group in order
to examine any scientific question relating to the implementation of this
Protocol. The mandate, composition and functioning of this Joint Scientific
Working Group shall be laid down by the Joint Committee.
4.          Based on
the recommendations and resolutions adopted by the IOTC and in the light of the
most recent scientific advice, and where appropriate, the conclusions of Joint
Scientific Working Group meetings, the Joint Committee may adopt measures to
ensure the sustainable management of the fishery resources covered by this
Protocol and concerning the activities of Union fishing vessels.
Article 8
Review of fishing
opportunities and technical measures by mutual agreement within the Joint
Committee
1.          The
fishing opportunities referred to in Article 1 may be adjusted by the
Joint Committee insofar as the resolutions and recommendations adopted by the
IOTC confirm that such adjustments guarantee the sustainable management of the
fish species covered by this Protocol, and, if necessary, further to an opinion
being sought from the Joint Scientific Working Group. 
2.          In this
case, the financial contribution referred to in paragraph 2.1 of Article 4
shall be adjusted proportionately and pro rata temporis and the necessary
amendments made to this Protocol and to its Annex.
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 9
Exploratory fishing
surveys 
1.          The Joint
Committee may authorise exploratory fishing surveys in the Malagasy fishing
zone to test the technical feasibility and economic viability of new fisheries.
To this end, and at the request of one of the two Parties, it shall determine
the species, conditions and any other appropriate parameters, in accordance
with conditions laid down by the joint scientific working group. 
2.          The
European Union shall communicate to the Malagasy authorities the applications
for exploratory fishing authorisations on the basis of a technical file
specifying:
·               
the technical
characteristics of the vessel;
·               
the vessel's officers'
level of expertise in the relevant fishery;
·               
the proposal for the
technical parameters of the trip (length, gear, exploration regions, etc.).
3.          The authorisations
for experimental fishing are to be granted for for a maximum period of six
months. They may be subject to the payment of a fee set by the Malagasy
authorities.
4.          A
scientific observer appointed by Madagascar shall be present on board throughout
the duration of the trip.
5.          Catches
obtained during and for the purposes of the exploratory trip shall remain the
property of the vessel owner.
6.          The
detailed results of the trip shall be sent to the Joint Committee. If
the Joint Committee considers that experimental campaigns have yielded positive
results, Madagascar may propose to allocate fishing opportunities for the new
species to the European Union fleet under another Protocol.
Article 10
Conditions governing
fishing activities – Exclusivity clause
1.          The
European Union fishing vessels may fish in Madagascar’s fishing zone only if
named on the IOTC’s list of authorised fishing vessels and if they have been
granted a fishing authorisation issued by the Malagasy authorities under the
Partnership Agreement and this Protocol. 
2.          The
Malagasy authorities may only issue fishing authorisations to European Union
fishing vessels under the Partnership Agreement and this Protocol; the issuing
of authorisations to such vessels outside of this framework, in the form of
private licenses in particular, is prohibited.
3.             The activities of European
Union fishing vessels in Madagascar's fishing zone shall be subject to the laws
and regulations of Madagascar, unless otherwise provided for under this
Protocol and the Annex hereto. 
4.          Both
Parties shall notify each other of any changes to their fisheries policies and
legislation.
Article 11
Suspension
1.          The
implementation of this Protocol, including payment of the financial
contribution may be suspended unilaterally by one of the Parties in the event
of failure to comply with the conditions set out in Article 3 of the
Agreement and Article 3 of this Protocol, and also in the following cases
and circumstances: 
1.1.       force
majeure;
1.2.       a major and
unresolved dispute between the Parties on the interpretation or implementation
of the Agreement and of this Protocol;
1.3.       failure on
the part of the European Union to pay the financial contribution referred to in
paragraph 2.1 of Article 4, for reasons other than those stated in
Article 6 of this Protocol.
2.          Suspension
on the grounds of non-compliance with the conditions provided for in
Article 3(2) of this Protocol may occur only if the consultation
proceedings provided for in Article 96 of the Cotonou Agreement concerning
a violation of essential and fundamental elements of human rights, as defined
in Article 9 of that Agreement, have commenced.
3.          If the
application of the Protocol is suspended for reasons other than those stated in
point 2 of this Article, that suspension shall be subject to the Party
concerned being required to notify its intention in writing at least three
months before the date on which suspension is due to take effect.
4.          The
suspension of the Protocol on the grounds given in paragraph 2 of this Article
shall apply immediately after the suspension decision has been taken.
5.          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 the application of the Protocol was
suspended.
6.          All
activities of European Union fishing vessels in the Malagasy fishing zone shall
be suspended for the duration of the period of suspension.
Article 12
Termination
1.          In the
event of the termination of this Protocol, the Party concerned shall notify the
other Party in writing of its intention to terminate it at least six months
before the date on which such termination would take effect. 
2.          The
sending of the notification referred to in the previous paragraph shall lead to
consultations between the Parties being initiated.
Article 13
Confidentiality of data
1.          Madagascar
and the European Union shall undertake that all nominative data relating to
European Union fishing vessels and their fishing activities obtained within the
framework of the Agreement will, at all times, be processed strictly in accordance
with the principles of confidentiality and data protection.
2.          The
Parties shall ensure that only aggregated data related to fishing activities in
the Malagasy fishing zone are made publicly available, in accordance with the
relevant provisions of the IOTC.
3.          Data
which may be considered confidential must be used by the competent authorities
exclusively for the purposes of implementing the Agreement and for fishery
management, controls and monitoring.
Article 14
Electronic data
exchange
1.          Madagascar
and the European Union undertake to implement the necessary computer systems
for the electronic exchange of all information and documents related to the
implementation of the Agreement as soon as possible. All electronic exchanges
shall be the subject of an acknowledgment of receipt.
2.          The
electronic form of a document shall be considered in all ways equivalent to the
paper version.
3.          Madagascar
and the European Union shall inform each other of any malfunction of a computer
system immediately. The information and documents relating to the
implementation of the Agreement shall then be automatically replaced by their
paper version.
Article 15
Provisional application
This Protocol shall be applied provisionally from the
date of its signature but no earlier than 1 January 2015.
Article 16
Entry into force
This Protocol 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 FOR THE
EXERCISE OF FISHING ACTIVITIES BY EUROPEAN UNION VESSELS IN THE FISHING ZONE OF
MADAGASCAR
CHAPTER I
General provisions
1.          Designation
of competent authority
For the purposes
of this Annex and unless otherwise specified, any reference to the European
Union (EU) or to the Republic of Madagascar (Madagascar) as a competent
authority shall mean:
1.1.       for the EU:
the European Commission, where applicable via the EU Delegation to Madagascar;
1.2.       for the
Republic of Madagascar: the Ministry responsible for Fishery Resources and
Fishing.
2.          Fishing
Authorisation
For the purposes
of applying the provisions of this Annex, the term ‘fishing authorisation’
shall be equivalent to ‘licence’, as defined in Malagasy legislation.
3.          Madagascar’s
fishing zone 
3.1.       Madagascar’s
fishing zone is defined as Malagasy waters in which Madagascar allows European
Union fishing vessels to engage in fishing activities.
3.1.1.     The
geographical coordinates of the Malagasy fishing zone and the baseline are
indicated in Appendix 3 to the Annex to this Protocol.
3.1.2.     The areas
which are closed to fishing, in accordance with the Malagasy legislation in
force such as national parks, protected marine areas and fish breeding zones
are indicated in Appendix 4.
3.2.       All the
provisions of the Protocol and its Annex shall apply exclusively in the fishing
zone of Madagascar, as indicated in Appendix 3, without prejudice to the
following provisions: 
3.2.1.     European Union
vessels may carry out fishing activities in waters beyond 20 nautical
miles from the base line in the case of tuna seiners and surface longliners. 
3.2.2.     A protection
area of 3 nautical miles around anchored fish aggregating devices (FADs)
used by Malagasy fishermen is established, which EU vessels may not enter.
Madagascar shall notify the position of the anchored FADs beyond 17 miles
to the EU and indicate the fishing authorisations issued to vessels of the
European Union.
3.2.3.     Furthermore,
the areas of the Leven Bank and Castor Bank, the coordinates of which are
indicated in Appendix 4, may only be used for Malagasy artesanal and
traditional fishing.
4.          Designation
of an agent
Any EU vessel
owner wishing to obtain a fishing authorisation under the present Protocol must
be represented by an agent resident in Madagascar.
5.          Bank
account for payments by vessel owners
Madagascar shall
notify the EU before the date of the provisional application of the Protocol,
of the details of the Trésor Public (public treasury) bank account into which
the financial sums payable by EU vessel owners should be paid under the Agreement.
The associated bank transfer costs shall be borne by the vessel owners.
6.          The
contacts:
The contact
details for both Parties concerning the implementation of this Protocol are
shown in Appendix 9.
CHAPTER II
Fishing authorisations
1.          Condition
for obtaining a fishing authorisation – eligible vessels
The fishing
authorisations referred to in Article 6 of the Agreement shall be issued
on the condition that the vessel is listed in the register of EU fishing
vessels and is named on the list of fishing vessels authorised by the Indian
Ocean Tuna Commission (IOTC). In addition, the master and the vessel may not be
prohibited from fishing in Madagascar’s fishing zone.
2.          Application
for a fishing authorisation
2.1.       The EU shall
submit to Madagascar by electronic means, with a copy to the EU Delegation in
Madagascar, an application for a fishing authorisation in respect of any vessel
wishing to fish under the Agreement.
2.2        The
applications shall be made on the form included in Appendix 1 to this Annex.
2.3.       Each initial
application for a fishing authorisation, or an application submitted due to a
change in the technical characteristics of the vessel concerned, shall be
accompanied by:
·               
proof of payment of the
flat-rate advance fee for its period of validity;
·               
a recent colour
photograph of the vessel, showing a lateral view, and at least 15 cm x
10 cm in size;
·               
where appropriate, an
attestation of the approval or registration of the health of the vessel, issued
by the relevant EU authority;
2.4.       In the case
of renewal of a fishing authorisation 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 flat-rate advance.
3.          Fee
and flat-rate advance fee
3.1.       The fee
payable for tuna seiners and surface longliners, in EUR per tonne caught in the
fishing zone for Madagascar, is established as being the following:
·               
EUR 60/tonne for
the first two years of implementation;
·               
EUR 70/tonne for
the last two years of implementation.
3.2.       Fishing
authorisations shall be issued once the following flat-rate advance fees have
been paid to the competent national authorities:
For tuna seiners:
·               
EUR 11 400 per
tuna seiner, equivalent to the fees due for 190 tonnes per year for the
first two years of implementation;
·               
EUR 13 300 per
tuna seiner, equivalent to the fees due for 190 tonnes per year for the
last two years of implementation;
For surface
longliners of a tonnage greater than 100 GT
·               
EUR 3 600 per
surface longliner, equivalent to the fees due for 60 tonnes per year for
the first two years of implementation;
·               
EUR 4 200 per
surface longliner, equivalent to the fees due for 60 tonnes per year for the
last two years of implementation;
For surface
longliners with a tonnage less than or equal to 100 GT.
·               
EUR 2 400 per
surface longliner, equivalent to the fees due for 40 tonnes per year for
the first two years of implementation;
·               
EUR 2 800 per
surface longliner, equivalent to the fees due for 40 tonnes per year for
the last two years of implementation;
3.3.       The amount
of the flat-rate fee shall include all local and national taxes with the
exception of port taxes, landing taxes, transhipment taxes and charges for the
provision of services.
4.          Issuing
of fishing authorisations
4.1.       Once it has
received the fishing authorisation applications described in point 2 above,
Madagascar has 20 working days to issue fishing authorisations to vessels of
the European Union whose application is deemed consistent with paragraphs 2.2,
2.3 and 2.4.
4.2.       The original
fishing authorisation issued shall be transmitted immediately to the vessel
owners or their agents in Madagascar via the EU Delegation in Madagascar.
4.3.       A copy of
this fishing authorisation shall be sent immediately electronically to the EU
Delegation and to the vessel owners or their agents. This copy, which is held
on board, may be used for a maximum period of 60 calendar days after the
date on which the authorisation was issued. After this period, the original of
the fishing authorisation must be kept on board.
5.          Transfer
of fishing authorisations
5.1.       The fishing
authorisation shall be issued for a given vessel and shall not be transferable.
5.2.       However, at
the request of the EU and where force majeure is proven, in particular in the
event of the loss or prolonged immobilisation of a vessel due to a serious
technical failure, the fishing authorisation of the initial vessel shall be
replaced by a new authorisation for another vessel of the same category as that
which it will replace, with no further fee due.
5.3.       In this
case, the calculation of the catch levels to determine whether an additional
payment should be made shall take account of the sum of the total catches of
the two vessels in the Madagascar fishing zone.
5.4.       The owner of
the first vessel, or his agent, shall return the cancelled fishing
authorisation to the Malagasy FMC via the EU Delegation to Madagascar.
5.5.       The new
fishing authorisation shall take effect on the day on which the cancelled
fishing authorisation is returned to the Malagasy FMC. The EU Delegation shall
be informed of the transfer of the fishing authorisation.
6.          Period of validity of the fishing
authorisation 
6.1.       The fishing
authorisations shall be drawn up for an annual period.
6.2.       The
authorisations shall be renewable.
6.3.       If the
provisional application is not scheduled to start on 1 January 2015, in
order to establish the start of the period of validity of the fishing
authorisation, annual period shall mean:
·               
for the first year of
application of the Protocol, the period between the date of its provisional
application and 31 December of the same year;
·               
and then, each complete
calendar year;
·               
in the case of the last
year of application of the Protocol, the period between 1 January and the date
of expiry of the Protocol.
7.          Documents
to be carried on board
Whilst in Malagasy
waters or in a Malagasy port, the following documents must be carried on board
the fishing vessel at all times:
·               
the original fishing
authorisation, however, for a period of 60 calendar days, and pending receipt
of the original, a copy of the fishing authorisation referred to in point 4.3
of this section, is authentic;
·               
the vessel's navigation
licence, or any equivalent document issued by the flag authority;
·               
a plan of the vessel's
capacity, in the form of up-to-date drawings or descriptions of the layout of
the fishing vessel and in particular, the number of fish holds of the fishing
vessels, with the storage capacity expressed in cubic metres.
8.          Support
vessels 
8.1.       At the
request of the EU, and following an examination by the Malagasy authorities,
Madagascar shall authorise European Union fishing vessels which have been
granted a fishing authorisation to be assisted by support vessels.
8.2.       Support
vessels must fly the flag of an EU Member State and must not be equipped for
fishing. This support must not include refuelling or transhipment of catches. 
8.3.       Support
vessels are subject to the same procedure as regards the sending of
applications for fishing authorisations set out in this chapter, to the extent
applicable. Madagascar shall draw up a list of authorised support vessels and
send it immediately to the EU. 
8.4.       The annual
licence fee applicable to the support vessel shall be EUR 3 500/year.
CHAPTER III
Technical Conservation Measures
1.          The
European Union fishing vessels authorised to fish in Madagascar’s fishing zone
shall comply with all technical conservation measures, recommendations and
resolutions issued by the IOTC and the Malagasy legislation in force applicable
to them.
2.          The
technical conservation measures applicable to the European Union fishing
vessels holding a fishing authorisation, relating to the fishing zone, fishing
gear and by-catches, shall be defined for each fishing category in the
technical sheets contained in Appendix 2 to this Annex.
3.          During
fishing operations in the Malagasy fishing zone, and with the exception of
natural drifting fish aggregating devices (FADs), the use of fishing supports
which change the behaviour of highly migratory species and encourage in
particular their concentration near to or beneath the fishing support, shall be
limited to so-called green artificial drifting FADs, designed, built and used
in a way which helps to avoid cetaceans, sharks or turtles being caught
accidentally by the support. These supports must be made from biodegradable
materials. The deployment and use of these artificial drifting FADs shall
comply with the recommendations and resolutions of the IOTC.
CHAPTER IV
Section 1:
System of reporting of catches and fishing effort
1.          Fishing
log
1.1.       The master
of an EU fishing vessel fishing under the Agreement shall keep a fishing
logbook in accordance with the relevant IOTC resolutions for longliners and
seiners.
1.2.       The fishing
logbook shall be completed by the master for each day the vessel is present in
Madagascar's fishing zone.
1.3.       Each day the
master shall record in the fishing logbook the quantity of each species,
identified by its FAO alpha 3 code, caught and kept on board, expressed in
kilograms of live weight or, where necessary, the number of individual fish.
For each main species, the master shall also mention zero catches, by-catches
and discards.
1.4.       The fishing
logbook shall be filled in legibly, in block capitals, and shall be signed by
the master.
1.5.       The master
shall be responsible for the accuracy of the data recorded in the fishing
logbook.
2.          Catch
reporting
2.1.       The master
shall notify the vessel's catch by submitting its fishing logbooks for the
period of its presence in Madagascar’s fishing zone, to Madagascar.
2.2.       Until such
time as the electronic fishing data communication system mentioned in point 3
of this Section has been set up, the fishing logbooks shall be transmitted in
the following ways: 
2.2.1.     when passing
through a Malagasy port, the original of each fishing logbook shall be
submitted to the local representative in Madagascar, who shall confirm receipt
thereof in writing;
2.2.2.     when leaving
the Malagasy fishing zone without first passing through a Malagasy port, the
original of each fishing logbook shall be sent: 
·               
immediately in a
scanned format by email to the email addresses provided by the competent
authorities of Madagascar;
or, otherwise,
·               
by fax, to the number
provided by the competent authorities of Madagascar, or
·               
within a period of
7 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 Madagascar, by
post, to the address given in Appendix 9.
2.3.       The master
shall send a copy of all the fishing logbooks to the EU and the competent flag
State authority. The master shall also send a copy of all the fishing logbooks:

·               
to the USTA –
Antsiranana Tuna Statistical Unit
and to one of the
following scientific institutes:
·               
Institut de recherche pour
le développement (IRD);
·               
Instituto Español de
Oceanografía (IEO);
·               
Instituto Português do
Mar e da Atmosfera (IPMA).
2.4.       The return
of the vessel into Madagascar’s fishing zone within the period of validity of
its fishing authorisation shall give rise to further catch reporting. 
2.5.       Where the
provisions concerning catch reporting are not complied with, Madagascar may
suspend the fishing authorisation of the vessel concerned until the missing
catch report is obtained and penalise the vessel owner in accordance with the relevant
provisions under the Malagasy legislation in force. If the offence is repeated,
Madagascar may refuse to renew the fishing authorisation. 
2.6.       Madagascar
shall inform the EU of any penalty applied in this context at the time of the
notification to the vessel owner.
3.          Operation
of an electronic fishing data communication system (ERS)
The two Parties
agree to use an electronic system for declaring fishing data based on the
guidelines contained in Appendix 8. The Parties undertake to make the
system operational within six months of the provisional application of this
Protocol.
4.          Quarterly
and annual declarations of catches and fishing effort
4.1.       Quarterly
declarations
4.1.1.     If the
electronic system for the declaration of fishing data referred to in point 3 of
this section is not operational, the EU shall notify Madagascar, before the end
of the third month of each quarter, of the data relating to catches and fishing
effort (number of days at sea) for each category provided for in this Protocol
and corresponding to the months of the previous quarter, in accordance with the
template provided in Appendix 5 to this Annex.
4.1.2.     This aggregated data from the fishing
logbooks shall be considered provisional until notification by the EU of a
definitive annual statement of catches and fishing effort.
4.2.       Annual
declarations
4.2.1.     For each tuna
seiner and surface longliner authorised to fish in the fishing zone of
Madagascar, the EU will draw up an annual declaration of catches and fishing
effort (number of days at sea), for each species and by month, on the basis of
the catch data validated by the national administrations of the flag States and
following an analysis carried out by the fisheries research institutes of the
European Union mentioned above by means of cross-checking the available data
contained in fishing logbooks, landing reports, sales notes and, where
appropriate, scientific observation reports.
4.2.2.     The
methodology used by the fisheries research institutes of the European Union to
examine the level and composition of catches in the Malagasy fishing zone is
shared with the USTA (Antsiranana Tuna Statistical Unit), the Malagasy FMC and
the Ministry for Fishery Resources and Fishing's Department for Statistics and
Programming.
5.          Final
statement of fees for tuna-seiners and surface longliners
5.1.       On the basis
of the annual declaration of catches and efforts referred to in paragraph 4.2
of this section and in respect of each European Union tuna seiner and surface
longliner which has been authorised to fish during the previous year in
Madagascar’s fishing zone, the EU shall draw up a final statement of the fees
owed by the vessel in respect of its annual season for the previous calendar
year. 
5.2.       The annual
reporting of catches and effort and the final statement of fees shall be
forwarded by the EU to Madagascar before 31 July of the year following the year
in which the catches were made for confirmation.
5.3.       Madagascar
shall notify the EU that these declarations and the statement have been received
and may request any clarification that it considers necessary.
5.3.1.     In such cases,
the EU will contact the administrations of the flag States and the relevant
national institutes from the EU and send Madagascar the additional information
requested within 20 working days.
5.3.2     If necessary,
a special meeting of the scientific working group, to which representatives of
the relevant national institutes from the EU and Madagascar are invited, may be
called for the purpose of examining the catch data and methodologies used for
cross-checking information.
5.4.       Madagascar
shall have 30 working days following the date of the notification referred
to in point 5.3 of this section to challenge the annual declaration of catches
and effort and the final statement of fees, on the basis of documentary proof.
5.4.1.     In the case of
disagreement, the Parties shall consult each other in the Joint Committee.
5.4.2.     In the absence
of disagreement and once this time period has expired, the Parties shall
consider the annual declaration of catches and fishing effort and the final
statement of account as having been adopted.
5.5.       Where the
final statement is greater than the flat-rate advance fee paid to obtain the
fishing authorisation, the vessel owner shall pay the outstanding balance to
Madagascar by 30 September of the year in progress. Where the final
statement is less than the flat-rate advance fee, the remaining amount may not
be reclaimed by the vessel owner.
Section 2:
Entering and leaving Madagascar's fishing zone
1.          Masters
of European Union fishing vessels operating under this Protocol in the Malagasy
fishing zone shall notify, at least three hours in advance, the relevant
Malagasy authorities of their intention to enter or leave Madagascar’s fishing
zone.
2.          When notifying
entry into/exit from the Malagasy fishing zone, the masters of the vessels
shall also communicate their position and the estimated amounts of each
species, identified by their FAO 3‑alpha code, caught and already held on
board, expressed in kilograms of live weight or, where necessary, the number of
individual fish, without prejudice to the provisions of Section 2 of
Appendix 8. This information shall be communicated by e-mail, fax, or
radio message to the addresses listed in Appendix 9.
3.          The Malagasy
authorities shall acknowledge receipt of the e-mail by return e-mail.
4.          A vessel
found to be fishing without having informed the Malagasy FMC shall be regarded
as a vessel without a fishing authorisation and shall be subject to the
penalties provided for under Malagasy law.
5.          The
e-mail address, fax and telephone numbers and radio coordinates of the Malagasy
FMC shall be annexed to the fishing authorisation.
6.          Madagascar
shall immediately inform the EU and the vessels concerned of any change to the
e-mail address, fax number or radio frequency.
Section 3:
Transhipment and landings
1.          Any
transhipment operation at sea is prohibited.
2.          A
transhipment operation in Malagasy waters may be carried out in a Malagasy port
designated to that effect after prior authorisation by the Madagascar FMC and
under the control of fishing inspectors from Madagascar.
3.          The
fishing ports designated for these transhipment operations are Antsiranana for
seiners and Toliara, Ehoala, Toamasina and Mahajanga for longliners.
4.          The owner
of a European Union fishing vessel, or his representative, wishing to land or
tranship in a Malagasy port shall simultaneously provide the FMC and the port
authority in Madagascar, with the following information, at least 72 hours
in advance:
·               
the name and
registration number in the IOTC register of fishing vessels of the fishing
vessel involved in the transhipment or landing;
·               
the port of landing or
transhipment, and, where applicable, the names of the cargo vessel;
·               
the date and time
scheduled for the landing or transhipment;
·               
the quantity of each
species held on board, identified by its FAO 3‑alpha code and expressed in kilograms of
live weight or, if necessary, the number of individual fish;
·               
the destination of the
transhipped or landed catches.
5.          After
examining the information referred to in point 4 of this section and within
24 hours following notification, the FMC in Madagascar shall issue the
vessel owner or his representative with prior authorisation of landing or
transhipment.
6.          Transhipment
and landing shall be considered as an exit from the Malagasy fishing zone. To
this end, the provisions referred to in Section 2 of this Chapter shall apply.
7.          Following
the transhipment or landing, the vessel owner or his representative shall
notify their intention to exercise fishing activities in Madagascar’s fishing
zone, or leave Madagascar’s fishing zone.
8.          Any
transhipment or landing not complying with the provisions of points 1 to 7
above shall be prohibited in Madagascar’s fishing zone. Any person infringing
this provision may incur the penalties provided for by Malagasy law.
9.          In
accordance with the provisions of the appropriate IOTC resolution, EU seiners
landing in a Malagasy port shall endeavour to make their by-catches available
to the local processing companies at the local market price. Upon request from
the vessel owners of the EU fishing vessels, the Regional Directorates of the
Malagasy Ministry for Fishery Resources and Fishing shall provide a list of and
contact details for the local processing companies.
10.        European
Union tuna vessels choosing to land their catches in a Malagasy port shall
benefit from a reduction of EUR 5 per tonne fished in Madagascar’s fishing
zone on the fee indicated in point 3.1 of Chapter II of this Annex for the
fishing category of the vessel concerned. An additional reduction of EUR 5
per tonne shall be granted where fisheries products are sold to a processing
factory in Madagascar.
Section 4:
Satellite-based vessel monitoring system (VMS)
1.          Vessel
position messages – VMS system
1.1.       EU fishing
vessels holding a fishing authorisation must be equipped with a satellite
monitoring system (Vessel Monitoring System – VMS) to enable automatic and
continuous communication of their position, at all times, to the fishing
control centre (Fisheries Monitoring Centre – FMC) of their flag state.
1.2.       Each
position message must be configured in accordance with the format included in
Appendix 7 to this Annex and contain:
·               
the vessel
identification;
·               
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 %;
·               
the date and time the
position is recorded;
·               
the speed and the
course of the vessel.
1.3.       The first
position recorded after entry into the Malagasy fishing zone is identified by
the code ‘ENT’. All subsequent positions shall be identified by the code ‘POS’,
with the exception of the first position recorded after departure from the
Madagascar fishing zone, which shall be identified by the code ‘EXI’.
1.4.       The FMC of
the flag state shall ensure the automatic processing and, if necessary, the
electronic transmission of the position messages. The position messages shall
be recorded in a secure manner and kept for a period of three years.
2.          Transmission
by the vessel in the event of breakdown of the VMS
2.1.       The master
shall ensure that the vessel's VMS is fully operational at all times and that
the position messages are correctly transmitted to the FMC of the flag State.
2.2.       EU vessels fishing
with defective VMS systems are not authorised to enter the fishing zone of
Madagascar.
2.3.       In the event
of breakdown after entry into Madagascar’s fishing zone, the vessel’s VMS shall
be repaired or replaced within a period of fifteen days. After that period, the
vessel shall no longer be authorised to fish in Madagascar’s fishing zone.
2.4.       Vessels
fishing in the Malagasy fishing zone with a defective VMS system must
communicate their position messages by e-mail, radio or fax to the FMC of the
flag State and Madagascar, at least every four hours, and must provide all the
compulsory information detailed in paragraph 1.2. of this Section.
3.          Secure
communication of the position messages to Madagascar
3.1.       The FMC of
the flag State shall automatically send the position messages of the vessels
concerned to the FMC in Madagascar. The FMC of the flag state and of Madagascar
shall exchange their contact e-mail addresses and inform each other without
delay of any change to these addresses.
3.2.       The transmission
of position messages between the FMCs of the flag State and that of Madagascar
shall be carried out electronically using a secure communication system.
3.3.       The FMC in
Madagascar shall inform the flag State FMC and the EU of any interruption in
the reception of consecutive position messages from a vessel holding a fishing
authorisation, where the vessel concerned has not notified its departure from
the Malagasy fishing zone.
4.          Malfunction
of the communication system
4.1.       Madagascar
shall ensure the compatibility of its electronic equipment with that of the
flag State FMC and inform the EU immediately of any malfunction as regards the
communication and reception of position messages with a view to finding a
technical solution as soon as possible.
4.2.       The Joint
Committee shall deal with any disputes which may arise.
4.3.       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 infringements shall be subject to the penalties provided for by
the Malagasy legislation in force.
5.          Revision
of the frequency of position messages
5.1.       On the basis
of documentary evidence proving an infringement, the FMC in Madagascar may ask
the flag state FMC, copying the EU into such correspondence, to reduce the
interval for sending position messages from a vessel to every thirty minutes
for a set period of investigation.
5.2.       This
documentary evidence must be sent by the FMC in Madagascar to the flag state
FMC and the EU.
5.3.       The flag
state FMC shall immediately send the position messages to Madagascar at the
reduced frequency.
5.4.       The Malagasy
FMC shall immediately notify the FMC of the flag State and the EU of the end of
the inspection procedure.
5.5.       At the end
of the set investigation period, the Malagasy FMC shall inform the flag State
FMC and the EU of the possible follow up, if any.
6.          Validity
of the VMS message in case of dispute
The position data
supplied by the VMS system shall be authentic in case of dispute between the
Parties.
Section 5:
Observers
1.          Observation
of fishing activities 
1.1.       Both Parties
recognise the importance of fulfilling the obligations under relevant IOTC
Resolutions as regards the Scientific Observer Programme.
1.2.         For the purposes of complying with
these obligations, the provisions applicable to observers are as follows:
1.2.1.     At the request
of the Malagasy authorities, the European Union fishing vessels authorised to
fish in the Malagasy fishing zone shall take on board observers representing
10 % of the total number of vessels authorised to fish, per fishing
category as referred to in Chapter I.
1.2.2.     The observers
shall be responsible for ensuring the application of the provisions provided
for in the IOTC resolutions referred to in point 1.1 or any other need to
collect scientific information identified by the relevant Malagasy national
institute or by the joint scientific working group.
1.2.3.     Observers
shall be appointed by the competent authorities of Madagascar.
1.3.       Vessels with
a tonnage equal to or less than 100 GT shall be exempt from the provisions
laid down in this section.
2.          Designated
vessels and observers
2.1.       At the time
of the issuing of the fishing authorisations, Madagascar shall publish and, if
necessary, update a list of the vessels selected to take an observer on board
in accordance with the objectives referred to in point 1.2.2 above.
2.2.       Madagascar
shall electronically forward this list to the EU immediately after its issuing
or updating. If one of the vessels selected is short of space and if this
shortage is duly documented as being due to safety requirements, particularly
relating to acts of piracy, the European Union and Madagascar shall amend the
list of vessels selected in order to reflect this situation, while ensuring
that the objective referred to paragraph 1.2.1. can be met.
2.3.       Once the
list of vessels selected to take an observer on board has been finalised,
Madagascar shall inform the vessel owners or their agents, of the vessels which
must allow an observer to embark when operating in the fishing zone of
Madagascar.
2.4.       Once the
embarkation date has been agreed between the Malagasy authorities and the
vessel owner selected as referred to in point 7.2 of this section, Madagascar
shall inform the EU and the vessel owner, or its agent, of the name and details
of the observers appointed.
2.5.       Madagascar
shall immediately inform the EU and the European Union vessel owners concerned,
or their representative, of any change to the designated vessels and observers
in accordance with points 2.1 and 2.3 of this section.
2.6        Madagascar
and the EU shall make every effort, in collaboration with the other coastal
States of the South-West Indian Ocean, to develop a concerted regional
implementation of the observer programme, inter alia at the initiative
of the IOTC.
2.7        A European
Union fishing vessel designated to take on board an observer in accordance with
point 2.1 , shall be exempt from complying with this obligation if an observer
is already on board and continues to be on board throughout the planned
duration, provided that the observer:
·               
is recognised by means
of a regional observer programme to which Madagascar and the EU are Parties,
or;
·               
was taken on board as a
result of obligations equivalent to those referred to in point 1.2.2 of this
section and provided for in other Sustainable Fisheries Partnership Agreements
between the European Union and other coastal States in the South-West Indian
Ocean.
·               
is in a position to
meet the objectives contained in paragraphs 1.2.1 and 8 of this section and can
transmit to the Malagasy FMC his observations at the time that the vessel is
present in Madagascar's fishing zone.
2.8.       The
observers shall not spend more time on board the vessel than is necessary to
carry out their duties.
3.          Financial
contribution by the vessel owners
3.1.       Without prejudice to an observer programme
agreed at regional level, as referred to in point 2.6 of this section and in
respect of any observer appointed by Madagascar to be taken on board a European
Union fishing vessel, the vessel owner shall contribute the sum of EUR 20
for each day that the observer is on board. This sum shall be paid by the
vessel owners to the Observers Programme administered by the FMC of Madagascar.

3.2.       All costs of
mobilisation and demobilisation between the port of embarkation or
disembarkation and the habitual residence of the Malagasy observer to
Madagascar shall be borne by the vessel owner.
4.          Observer’s
salary
The salary and
social contributions for the observer shall be borne by the authorities of
Madagascar.
5.          Embarkation
conditions
5.1.       The
embarkation conditions for the observer, in particular the duration of presence
on board, shall be defined by mutual agreement between the vessel owner or its
local agent and Madagascar.
5.2.       Observers
shall be treated on board as officers. However, receiving the observer on board
shall take into account the technical structure of the vessel.
5.3.       The vessel
owner shall bear the costs of providing accommodation and food for the observer
on board.
5.4.       The master
shall take all the measures for which he is responsible to guarantee the
physical safety and general wellbeing of the observer.
5.5.       The observer
shall be offered every facility needed to carry out their duties. The master of
the vessel shall provide observers with access to means of communication and
any documents on board, and to documents relating to the fishing activities of
the vessel, in particular the fishing logbook, freeze log and navigation log,
and the parts of the vessel directly linked to their duties.
6.          Observer’s
obligations
Whilst they are on
board observers shall:
·               
take all appropriate
measures so as not to interrupt or hinder fishing operations;
·               
respect on-board
property and equipment;
·               
respect the confidential
nature of any document belonging to the vessel.
7.          Embarkation
and landing of observers
7.1.       The observer
shall embark in a port chosen by the vessel owner.
7.2.       The vessel
owner or its representative shall notify Madagascar, with a notice period of
10 days before embarkation, of the date, time and port of embarkation of
the observer. If the observer is embarked in a foreign country, his travel and
transit expenses (including as regards accommodation and food) in order to
reach the port of embarkation shall be borne by the vessel owner.
7.3.       If the
observer does not arrive to embark within 12 hours of the date and time
set, the vessel owner shall be automatically discharged from his obligation to
allow the observer to embark. They shall be free to leave the port and start
fishing operations.
7.4.       If the
observer is not disembarked in a Malagasy port, the vessel owner shall bear the
costs of their travel and transit expenses (including as regards accommodation
and food) in order to reach their habitual residence in Madagascar.
7.5.       If the
vessel does not arrive at the agreed time at a previously agreed port to
receive an observer, the owner shall pay the costs relating to the observer’s
inability to board while waiting at the port (accommodation, food, etc.).
7.6.       If the
vessel does not arrive, Madagascar may suspend the fishing authorisation of the
vessel concerned and apply the penalties provided for under the Malagasy
legislation in force, except in case of force majeure notified to the
Madagascar FMC. In the latter case, the vessel owner shall agree, with the
Malagasy authorities, a new date for the observer's embarkation and the vessel
may not engage in fishing activities in the fishing zone of Madagascar until
the observer has been taken on board. Madagascar shall immediately inform the
EU and the vessel owner of the measures taken pursuant to this point.
8.          Observer’s
obligations
8.1.       The observer
shall carry out the following duties:
8.1.1.     Collating all
information relating to the vessel's fishing activities, in particular as
regards:
·               
the fishing gears used.
·               
the position of the
vessel during fishing operations;
·               
the volumes or, where
appropriate, the number of fish caught for each target species and each
associated species, as well as the number of accidental catches and by-catches;
·               
an estimated number of
catches retained on board and discards;
8.1.2.     Conducting the
biological sampling provided for in scientific programmes.
8.2.       The
observers shall, on a daily basis, communicate observations by radio, fax or
e-mail while the vessel is operating in Madagascar’s fishing zone, including
the quantity of catches and by-catches on board and any other duties as
required by the Malagasy FMC.
9.          Observer’s
report
9.1.       Before
leaving the vessel, the observer shall submit a report of his observations to
the master of the vessel. The master of the vessel shall have the right to make
comments in the observer’s report. The report shall be signed by the observer
and the master, who will receive a copy of the report. If the master refuses to
sign the observer's report, he shall write in the inspection report the reasons
of his refusal with the mention ‘refusal to sign’.
9.2.       The observer
shall send his report to the Malagasy FMC, which shall send a copy of it to the
EU within 15 working days of the disembarkation of the observer.
Section 6:
Inspection at sea and in port
1.          The
inspection at sea or in port, in dock or in harbour, in the Madagascar fishing
zone, of European Union fishing vessels holding a fishing authorisation shall
be performed by vessels and inspectors from Madagascar duly authorised to
conduct fisheries inspections.
2.          Before
going on board, the Malagasy inspectors shall inform the European Union vessel
of their decision to perform an inspection. The inspection shall be performed
by fisheries inspectors. Before the inspections begin, the inspectors must
prove their identity, qualifications and the scope of their mission.
3.          The
inspectors shall only stay on board the European Union vessel for the time
necessary to carry out tasks linked 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.
3.1.       Madagascar
may authorise the EU's representatives to participate in the inspection as
observers.
3.2.       The master
of the European Union fishing vessel shall allow inspectors to come on board
and carry out their work.
3.3.       At the end
of each inspection, the inspectors shall draw up an inspection report. The
master of the European Union fishing vessel shall have the right to comment in
the inspection report. The inspection report shall be signed by the inspector
drawing up the report and the master of the European Union vessel. Should the
master refuse to sign the inspection report, they will write the reasons for
their refusal in the inspection report with the statement ‘refusal to sign’.
3.4.       The
inspectors shall issue a copy of the inspection report to the master of the EU
fishing vessel before leaving the vessel. Madagascar shall send a copy of the
inspection report to the EU within eight working days of inspectors' returning
to land, without prejudice to the provisions referred to in point 1 of Section
7 of this Annex.
Section 7:
Infringements
1.          Handling
of infringements
1.1.       Any
infringement committed in Madagascar’s fishing zone by a European Union fishing
vessel holding a fishing authorisation in accordance with the provisions of
this Annex and which has been the subject of a notification is to be referred
to in an (inspection) report.
1.2.       In the event
of an infringement in Madagascar’s fishing zone by an EU fishing vessel,
notification of that infringement and the additional penalties imposed on the
master or the fishing company shall be sent directly to the vessel owners in
accordance with the procedures set out in Madagascar’s fisheries legislation.
1.3.       A copy of
the inspection report and the notification of the infringement shall be
transmitted electronically by Madagascar to the EU within 72 hours.
1.4.       The
signature of the inspection report by the master shall be without prejudice to
the vessel owner's right of defence in respect of the infringement concerned.
2.          Detention
of a vessel – Information meeting
2.1.       If an
infringement is established, and if current Malagasy legislation so permits,
any EU fishing vessel which has committed an infringement may be forced to
cease its fishing activity and, where the vessel is at sea, to return to a port
of Madagascar.
2.2.       Madagascar
shall provide electronic notification to the EU, within 24 hours, of any
detentions of an EU fishing vessel. The notification will refer to the reasons
of the arrest and/or detention and be accompanied by evidence of the
infringement concerned.
2.3.       Before
taking any measure against the vessel, the master, the crew or the cargo, with
the exception of measures aimed at protecting evidence, Madagascar 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
3.1.       The penalty
for an established infringement shall be established by Madagascar according to
the provisions of the Malagasy legislation in force.
3.2.       Where
settling the infringement involves legal proceedings, before these are
initiated and provided that the infringement does not involve a criminal act, a
compromise procedure shall be undertaken between the Malagasy authorities and
the EU vessel in order to determine the terms and level of the penalty. The
compromise procedure shall finish at the latest 72 hours after
notification of the vessel’s detention.
3.3.       A
representative of the flag State of the European Union fishing vessel may
participate in the compromise procedure.
4.          Legal
proceedings – Bank security
4.1.       If the
compromise procedure fails and the infringement is brought before the competent
court, the owner of the vessel which committed the infringement shall deposit a
bank security at a bank designated by Madagascar, the amount of which, as set
by Madagascar, shall cover the costs linked to the detention of the vessel, the
estimated fine and any compensation. The bank security may not be recovered
until the legal proceedings have been concluded.
4.2.       The bank
guarantee shall be released and returned to the vessel owner as soon as
possible after the judgment has been delivered: 
·               
in full, if no penalty
has been imposed;
·               
for the amount of the
remaining balance, if the penalty is a fine which is lower than the amount of
the bank security.
4.3.       Madagascar
shall inform the EU of the outcome of the legal proceedings within eight days
of the judgment being delivered.
5.          Release
of the vessel and the crew
The vessel and its
crew shall be authorised to leave the port once the penalty has been paid in a
compromise procedure, or once the bank security has been deposited.
Section 8
Participatory monitoring in the fight against IUU
fishing
1.          Objective
In order to
strengthen the monitoring of fishing on the high seas and in order to promote
the fight against IUU fishing, European Union fishing vessels are encouraged to
report the presence of any vessels in the Malgasy fishing zone not named on the
IOTC list of vessels or on the list of foreign vessels authorised to fish in
the Malagasy fishing zone provided by Madagascar.
2.          Procedure
2.1.       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.
2.2.       This
information shall be sent immediately to the FMC in Madagascar and also to the
competent authorities of the flag State of the vessel from which the
observation was made. Upon receipt, the competent authorities will forward the
information electronically to the EU.
2.3.       The EU shall
forward this information to Madagascar.
3.          Reciprocity
Madagascar shall
send the EU any sighting reports it has on fishing vessels engaged in
activities which may constitute IUU fishing in the Malagasy fishing zone.
CHAPTER V
Signing-on of seamen
1.          The
owners of European Union fishing vessels operating under this Protocol shall
endeavour to bring aboard nationals of Madagascar or other ACP countries,
during the fishing season in the Malagasy fishing zone. The number of Malagasy
seamen aboard a European Union fishing vessel shall be at least two in the case
of seiners and one for longliners of more than 100 GT.
2.          Vessel
owners failing to carry the minimum number of Malagasy seamen as referred to in
point 1, shall pay a lump sum of EUR 20 per day and per seaman not on
board.
3.          The
International Labour Organisation (ILO) Declaration on Fundamental Principles
and Rights at Work shall apply as of right to seamen taken on board EU fishing
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.
4.          The
employment contracts of Malagasy seamen shall be drawn up between the vessel
owners’ representative(s) and the seamen and/or their trade unions or
representatives; a copy of these contracts shall be provided to the relevant
Malagasy authorities and to the signatories of those contracts. These contracts
shall guarantee the seamen the social security cover applicable to them, in
accordance with Malagasy legislation, including life assurance and sickness and
accident insurance.
5.          Malagasy
seamen's wages shall be paid by the vessel owners. They shall be set 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 seamen shall not be lower than those applied in Madagascar and shall
not be below ILO standards.
6.          All
seamen employed by owners of European Union fishing vessels shall report to the
master of the vessel in the question on the day before their proposed boarding
date. Where a seaman fails to report at the date and time agreed for
embarkation, vessel owners shall be automatically absolved of their obligation
to take the seaman on board.
7.          All costs
of mobilisation and demobilisation between the port of embarkation or
disembarkation and the habitual residence of the Malagasy seaman to Madagascar
shall be borne by the vessel owner.
LIST OF APPENDICES:
Appendix 1 – Application form for a
fishing authorisation
Appendix 2 – Technical sheet
Appendix 3 – Coordinates (latitude
and longitude) of Madagascar's fishing zone
Appendix 4 – Geographical coordinates
of the area reserved exclusively for small-scale fishing and traditional
Malagasy fishing
Appendix 5 – Template for quarterly
declarations of provisional catches and fishing effort
Appendix 6 – Forms for declaring
entry into/exit from the fishing zone
Appendix 7 – Format of VMS position
message
Appendix 8 – Guidelines for
implementing the electronic reporting system for data relating to fishing
activities (ERS)
Appendix 9 – Contact details in Madagascar
Appendix
1 – Application
form for a fishing authorisation
Ministry of
Fisheries Resources and Fisheries of the Republic of Madagascar
Sustainable Fisheries Partnership Agreement
Madagascar – European Union
Application
for a FISHING AUTHORISATION
I- APPLICANT
1.      Name of vessel
owner:................................................Nationality:...........................................................................
2.      Address of vessel owner:
..........................................................................................................................................
3.      Name of association or organisation of producers for the vessel
owner: ............................................................
4.      Address of association or organisation of producers for the
vessel owner: ..........................................................
5.      Tel:............................................    Fax:
........................................               Email:
……............………….................... 
6.      Name of agent
.............................................................................................................................................
7.      Address of agent: ........................................................................................................................................
8.      Tel:............................................    Fax:
........................................               Email:
……............………….................... 
9.      Master’s name: ..................................       Nationality:
………..........................  Email: ………………………
II –VESSEL AND IDENTIFICATION
1.      Vessel name:
........................................................................................................................................................
2.      Flag State…........................................................................................................................................................
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: ....../......./..........
in…………........ Radio call sign: .....................................
7.      Call frequency: ………….............. Vessel Satellite Phone No:
……………..…………...………………..
8.      Hull construction
material:      Steel ¨  Wood ¨                Polyester
¨           Other ¨……………………………...
III- TECHNICAL CHARACTERISTICS AND EQUIPMENT
1.      Overall length:
..................................................         Width:
....................................... Draught:…………….
2.      Tonnage (expressed in GT): ..................................  Net
tonnage: ……………….……………………
3.      Power of main engine in KW: .......................Make:
.................................            Type: ….......................
4.      Type of vessel:           ¨ Tuna Seiner     ¨ Support vessel
         Name(s) and
external registration number(s) of tuna 
         seiner(s) to which the support vessel is linked:
         ………………………………………………………………
         ………………………………………………………………
         ¨ Surface longliner
> 100 GT ¨ Surface longliner ≤ 100 GT 
5.      Fishing gear types: ....................................................................................................................................................

6.      Fishing zones: ………………………………………………………………………………………………...
7.      Target species: …………………………………………………………………………………………………
8.      Designated port for landing operations: ………………………………….…………………………
9.      Crew complement:
..........................................................................................................................
10.    Method of preservation on board:  Fresh  ¨        Chilling ¨             Mixed ¨               Freezing
¨
11.    Freezing capacity in tonnes/ 24 hours: .................Hold
capacity: ...............     Number: .....
12.          VMS transponder:
                Manufacturer: …………………… Model: ………………….  Serial number:
……………………………
                Software version: ........................................................... 
Satellite operator: …………………………… 
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 – TECHNICAL SHEET 
 1 - Technical Conservation Measures 1.1.       Fishing zone: 
 Beyond 20 nautical miles from the base line. Fishing zone indicated in Appendix 3. A protection area of 3 miles around national anchored fish aggregating devices must be complied with. The Leven Bank and Castor Bank, the coordinates of which are indicated in Appendix 4, are reserved exclusively for traditional and small-scale Malagasy fisheries. 
 1.2.       Authorised gear: 
 Seine Surface longliners 
 1.3.       Authorised species 
 Tuna and similar species (tuna, bonito, seerfishes, marlin, swordfish), associated species and fisheries under the Indian Ocean Tuna Commission (IOTC) management mandate excluding §  species protected by international conventions, §  species whose retention on board, transhipment, landing or whose full or partial storage is prohibited by the IOTC, in particular species belonging to the Alopiidae or Sphyrnidae families, as well as §  the following species: Cethorinus maximus, Rhincodon typus, Carcharodon carcharias, Carcharinus falciformis and Carcharinus longimanus. The numbers of sharks caught in association with tuna and similar species in fisheries under the IOTC management mandate by European Union surface longliners authorised to fish under this Protocol shall be limited to 250 tonnes per year in Madagascar’s fishing zone. If this catch limit is exceeded, shark fishing will be closed in accordance with the relevant legislation of the Parties as applicable to this subject. The masters of the vessels shall therefore take measures necessary to avoid any accidental catches of elasmobranch species. 
 1.4        By-catches: 
 IOTC recommendations complied with 
 2 - Fees to be paid by vessel owners/catch equivalent: 
 Fee to be paid by vessel owners per tonne caught || EUR 60/tonne during the first two years of the application of the Protocol EUR 70/tonne during the last two years of the application of the Protocol. 
 Annual flat-rate advance fees to be paid by vessel owners: || EUR 11 400/year per tuna seiner during the first two years and EUR 13 300 /year during the last two years, in respect of 190 tonnes; EUR 3 600/year per surface longliner vessel > 100 GT for the first two years and 4 200 EUR/year for the last two years, in respect of 60 tonnes; EUR 2 400/year per surface longliner vessel  ≤  100 GT for the first two years and 2 800 EUR/year for the last two years, in respect of 40 tonnes; 
 Number of vessels authorised to fish || 40 seiner vessels 32 surface longliner vessels > 100 GT 22 surface longliner vessels ≤ 100 GT 
 3 – Miscellaneous 
 Fee per support vessel: EUR 3 500 per vessel 
 Seamen: Tuna seiners: at least 2 seamen on board during the fishing season in the fishing zone of Madagascar will have Malagasy nationality. Surface longliners: At least 1 seaman on board during the fishing season in Madagascar’s fishing zone will have Malagasy nationality. Vessel owners shall endeavour to take on board additional seamen of Malagasy nationality. 
 Observers: §  European Union fishing vessels shall, at the request of the authorities of Madagascar, take on board one observer in order to reach the cover rate of 10% of vessels authorised to fish in the Malagasy fishing zone. However, surface longliners with a tonnage less than or equal to 100 GT shall be exempt from this measure. §  With regard to any vessel taking aboard an observer, the vessel owner is asked to pay a contribution of EUR 20 for each day on board. This sum shall be paid to the Observers Programme administered by the FMC. 
Appendix 3 – Coordinates (latitude
and longitude) of Madagascar’s Fishing Zone
 Point || LatDD || LonDD ||   || LatitudeString || LongitudeString 
 1 || -10.3144 || 49.4408 ||   || 10° 18' 52" S || 049° 26' 27" E 
 2 || -11.0935 || 50.1877 ||   || 11° 05' 37" S || 050° 11' 16" E 
 3 || -11.5434 || 50.4776 ||   || 11° 32' 36" S || 050° 28' 39" E 
 4 || -12.7985 || 53.2164 ||   || 12° 47' 55" S || 053° 12' 59" E 
 5 || -14.0069 || 52.7392 ||   || 14° 00' 25" S || 052° 44' 21" E 
 6 || -16.1024 || 52.4145 ||   || 16° 06' 09" S || 052° 24' 52" E 
 7 || -17.3875 || 52.3847 ||   || 17° 23' 15" S || 052° 23' 05" E 
 8 || -18.2880 || 52.5550 ||   || 18° 17' 17" S || 052° 33' 18" E 
 9 || -18.7010 || 52.7866 ||   || 18° 42' 04" S || 052° 47' 12" E 
 10 || -18.8000 || 52.8000 ||   || 18° 48' 00" S || 052° 47' 60" E 
 11 || -20.4000 || 52.0000 ||   || 20° 23' 60" S || 052° 00' 00" E 
 12 || -22.3889 || 51.7197 ||   || 22° 23' 20" S || 051° 43' 11" E 
 13 || -23.2702 || 51.3943 ||   || 23° 16' 13" S || 051° 23' 39" E 
 14 || -23.6405 || 51.3390 ||   || 23° 38' 26" S || 051° 20' 20" E 
 15 || -25.1681 || 50.8964 ||   || 25° 10' 05" S || 050° 53' 47" E 
 16 || -25.4100 || 50.7773 ||   || 25° 24' 36" S || 050° 46' 38" E 
 17 || -26.2151 || 50.5157 ||   || 26° 12' 54" S || 050° 30' 57" E 
 18 || -26.9004 || 50.1112 ||   || 26° 54' 01" S || 050° 06' 40" E 
 19 || -26.9575 || 50.0255 ||   || 26° 57' 27" S || 050° 01' 32" E 
 20 || -27.4048 || 49.6781 ||   || 27° 24' 17" S || 049° 40' 41" E 
 21 || -27.7998 || 49.1927 ||   || 27° 47' 59" S || 049° 11' 34" E 
 22 || -28.1139 || 48.6014 ||   || 28° 06' 50" S || 048° 36' 05" E 
 23 || -28.7064 || 46.8002 ||   || 28° 42' 23" S || 046° 48' 01" E 
 24 || -28.8587 || 46.1839 ||   || 28° 51' 31" S || 046° 11' 02" E 
 25 || -28.9206 || 45.5510 ||   || 28° 55' 14" S || 045° 33' 04" E 
 26 || -28.9301 || 44.9085 ||   || 28° 55' 48" S || 044° 54' 31" E 
 27 || -28.8016 || 44.1090 ||   || 28° 48' 06" S || 044° 06' 32" E 
 28 || -28.2948 || 42.7551 ||   || 28° 17' 41" S || 042° 45' 18" E 
 29 || -28.0501 || 42.2459 ||   || 28° 03' 00" S || 042° 14' 45" E 
 30 || -27.8000 || 41.9000 ||   || 27° 48' 00" S || 041° 53' 60" E 
 31 || -27.5095 || 41.5404 ||   || 27° 30' 34" S || 041° 32' 25" E 
 32 || -27.0622 || 41.1644 ||   || 27° 03' 44" S || 041° 09' 52" E 
 33 || -26.4435 || 40.7183 ||   || 26° 26' 37" S || 040° 43' 06" E 
 34 || -25.7440 || 40.3590 ||   || 25° 44' 38" S || 040° 21' 32" E 
 35 || -24.8056 || 41.0598 ||   || 24° 48' 20" S || 041° 03' 35" E 
 36 || -24.2116 || 41.4440 ||   || 24° 12' 42" S || 041° 26' 38" E 
 37 || -23.6643 || 41.7153 ||   || 23° 39' 51" S || 041° 42' 55" E 
 38 || -22.6317 || 41.8386 ||   || 22° 37' 54" S || 041° 50' 19" E 
 39 || -21.7798 || 41.7652 ||   || 21° 46' 47" S || 041° 45' 55" E 
 40 || -21.3149 || 41.6927 ||   || 21° 18' 54" S || 041° 41' 34" E 
 41 || -20.9003 || 41.5831 ||   || 20° 54' 01" S || 041° 34' 59" E 
 42 || -20.6769 || 41.6124 ||   || 20° 40' 37" S || 041° 36' 45" E 
 43 || -19.6645 || 41.5654 ||   || 19° 39' 52" S || 041° 33' 55" E 
 44 || -19.2790 || 41.2489 ||   || 19° 16' 44" S || 041° 14' 56" E 
 45 || -18.6603 || 42.0531 ||   || 18° 39' 37" S || 042° 03' 11" E 
 46 || -18.0464 || 42.7813 ||   || 18° 02' 47" S || 042° 46' 53" E 
 47 || -17.7633 || 43.0335 ||   || 17° 45' 48" S || 043° 02' 01" E 
 48 || -17.2255 || 43.3119 ||   || 17° 13' 32" S || 043° 18' 43" E 
 49 || -16.7782 || 43.4356 ||   || 16° 46' 42" S || 043° 26' 08" E 
 50 || -15.3933 || 42.5195 ||   || 15° 23' 36" S || 042° 31' 10" E 
 51 || -14.4487 || 43.0263 ||   || 14° 26' 55" S || 043° 01' 35" E 
 52 || -14.4130 || 43.6069 ||   || 14° 24' 47" S || 043° 36' 25" E 
 53 || -14.5510 || 44.3684 ||   || 14° 33' 04" S || 044° 22' 06" E 
 54 || -14.5367 || 45.0275 ||   || 14° 32' 12" S || 045° 01' 39" E 
 55 || -14.3154 || 45.8555 ||   || 14° 18' 55" S || 045° 51' 20" E 
 56 || -13.8824 || 46.3861 ||   || 13° 52' 57" S || 046° 23' 10" E 
 57 || -12.8460 || 46.6944 ||   || 12° 50' 46" S || 046° 41' 40" E 
 58 || -12.6981 || 47.2079 ||   || 12° 41' 53" S || 047° 12' 28" E 
 59 || -12.4637 || 47.7409 ||   || 12° 27' 49" S || 047° 44' 27" E 
 60 || -12.0116 || 47.9670 ||   || 12° 00' 42" S || 047° 58' 01" E 
 61 || -11.0158 || 48.5552 ||   || 11° 00' 57" S || 048° 33' 19" E 
 62 || -10.3144 || 49.4408 ||   || 10° 18' 52" S || 049° 26' 27" E 
NB: The geographical
coordinates of the base line will be notified by Madagascar no later than the
provisional application of this Protocol.
Appendix 4 – Geographical coordinates
of the area reserved exclusively for small-scale fishing and traditional
Malagasy fishing
 Point || Latitude || Longitude 
 1 || 12°18.44S || 47°35.63 
 2 || 11°56.64S || 47°51.38E 
 3 || 11°53S || 48°00E 
 4 || 12°18S || 48°14E 
 5 || 12°30S || 48°05E 
 6 || 12°32S || 47°58E 
 7 || 12°56S || 47°47E 
 8 || 13°01S || 47°31E 
 9 || 12°53S || 47°26E 
Appendix 5 – Template for quarterly
declarations of provisional catches and fishing effort
Appendix 6 – Form for entry/exit
catch report
COMMUNICATION FORMAT REPORTS
1. ENTRY REPORT FORMAT (WITHIN 3 HOURS BEFORE ENTRY)
ADDRESSEE: MADAGASCAR FMC 
ACTION CODE: IN
VESSEL NAME:
INTERNATIONAL RADIO CALL SIGN:
FLAG COUNTRY: 
TYPE OF VESSEL: 
LICENCE NO: 
POSITION OF ENTRY:
DATE AND HOUR (UTC) OF ENTRY:
TOTAL QUANTITY OF FISH ON BOARD (KG):
- YFT (Albacore/ Yellowfin tuna/ Thunnus
albacares) in kg:
- SKJ (Listao/ Skipjack/ Katsuwonus pelamis) in kg:
- BET (Patudo/ Bigeye tuna/ Thunnus obesus) in kg:
- ALB (Germon/ Albacore tuna/ Thunnus alalunga) in kg:
- OTHERS (SPECIFY) in kg:
2. EXIT REPORT FORMAT (WITHIN 3 HOURS BEFORE EXIT)
ADDRESSEE: MADAGASCAR FMC
ACTION CODE: OUT
NAME OF VESSEL:
INTERNATIONAL RADIO CALL SIGN:
FLAG COUNTRY: 
TYPE OF VESSEL 
LICENCE NO: 
POSITION OF EXIT:
DATE AND HOUR (UTC) OF EXIT:
TOTAL QUANTITY OF FISH ON BOARD (KG):
- YFT (Albacore/ Yellowfin tuna/ Thunnus
albacares) in kg:
- SKJ (Listao/ Skipjack/ Katsuwonus pelamis) in kg:
- BET (Patudo/ Bigeye tuna/ Thunnus obesus) in kg:
- ALB (Germon/ Albacore tuna/ Thunnus alalunga) in kg:
- OTHERS (SPECIFY) in kg:
All reports shall be transmitted to the competent
authority at: 
Fax: (+261) 20 22 490 14 
E-mail: csp-mprh@blueline.mg
Centre de Surveillance des Pêches de Madagascar,
B.P.60 114 Antananarivo
Appendix 7 – Format of VMS position
message 
COMMUNICATION OF VMS MESSAGES TO MADAGASCAR
FORMAT OF VMS DATA - POSITION REPORT 
 Data Element || Code number || Mandatory/ Optional || Comments 
 Start record || SR || M || System detail indicating start of record 
 Addressee || AD || M || Message detail–Addressee Alpha-3 country code (ISO-3166) 
 From || FR || M || Message detail – Sender Alpha-3 country code (ISO-3166) 
 Flag State || FS || M || Message detail – Flag State Alpha-3 code (ISO-3166) 
 Type of message || TM || M || Message detail – Message type (ENT, POS, EXI) 
 Radio call sign (IRCS) || RC || M || Vessel detail – Vessel international radio call sign (IRCS) 
 Contracting Party internal reference number || IR || O || Vessel detail – Unique contracting party number Alpha-3 code (ISO-3166) followed by number 
 External registration number || XR || M || Vessel detail – Number on side of vessel (ISO 8859.1) 
 Latitude || LT || M || Vessel position detail – Position in degrees and decimal degrees +/- DD.ddd (WGS84) 
 Longitude || LG || M || Vessel position detail – Position in degrees and decimal degrees +/- DD.ddd (WGS84) 
 Course || CO || M || Vessel course 360° scale 
 Speed || SP || M || Vessel speed in tenths of knots 
 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 indicating end of record 
Each data transmission is structured as follows:
Characters used must comply with the ISO 8859.1
standard.
A double slash (//) and the characters ‘SR’ indicate
the start of a message.
Each data element is identified by its code and
separated from the other data elements by a double slash (//).
A single slash (/) separates the field code and the
data.
The ‘ER’ code followed by a double slash
(//) indicates the end of the message.
The optional data elements
must be inserted between the start and the end of the message.
Appendix 8 – Guidelines for
implementing the electronic reporting system for fishing activities (ERS)
(1)                    
General
provisions
(1)          
All Union 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 Malagasy fishing zone.
(2)          
An EU vessel that is
not equipped with an ERS, or whose ERS is not working, shall not be authorised
to enter the Malagasy fishing zone in order to engage in fishing activities.
(3)          
ERS data shall be
transmitted in accordance with the procedures of the vessel’s flag State, i.e.
they shall firstly be sent to the Fisheries Monitoring Centre (hereinafter:
FMC) of the flag State which will make them automatically available to the
Malagasy FMC. 
(4)          
The flag State and
Madagascar shall ensure that their FMCs have the necessary IT equipment
and software to automatically transmit ERS data in xml format, and shall have a
backup procedure in place capable of recording and storing ERS data in a format
which will be computer-readable for at least three years.
(5)          
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).
(6)          
The flag State and
Madagascar shall each designate an ERS correspondent who will act as the point
of contact. 
(1)           
ERS correspondents
shall be designated for a minimum period of six months.
(2)           
The FMCs of the flag
State and Madagascar shall notify one another of the contact details (name,
address, telephone number, fax, e-mail address) of their ERS correspondent,
before the supplier starts production of the ERS.
(3)           
Any changes to the
contact details of the ERS correspondent must be notified immediately.
(2)                    
Producing and
communicating ERS data
(1)          
Union fishing vessels
shall:
(1)           
communicate daily the
ERS data for each day spent in the Malagasy fishing zone,
(2)           
record the quantity of
each species caught and kept on board as target species or by-catch, or
discarded, for each fishing operation;
(3)           
for each species
identified in the fishing authorisation issued by Madagascar, also declare zero
catches;
(4)           
identify each species
by its FAO alpha 3 code;
(5)           
express the quantities
in kilograms of live weight or, if necessary, the number of individual fish;
(6)           
record by species in
the ERS data the quantity transhipped and/or unloaded; 
(7)           
record, in the ERS
data, a specific message declaring the quantities held on board of each species
specified in the fishing authorisation issued by Madagascar at each entry into
(COE) or exit from (COX) the Malagasy fishing zone;
(8)           
transmit ERS data on a
daily basis to the FMC of the flag State, according to the format referred to
in point 2 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 Malagasy
FMC.
(4)          
The Malagasy FMC shall
confirm that it has received the ERS data by means of a return message and
shall handle all ERS data confidentially. 
(3)                    
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 agent, of any technical failure of the ERS installed on board the vessel
or any breakdown in transmission of ERS data between the vessel and the FMC of
the flag State. 
(2)          
The flag State shall
inform Madagascar 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 Malagasy
fishing zone once its ERS is in perfect working order, unless Madagascar
authorises otherwise.
(1)           
Following a technical
failure in its ERS, a fishing vessel may not leave port until its ERS functions
again to the satisfaction of the flag State and Madagascar, or
(2)           
it receives
authorisation from the flag State. In the latter case, the flag State shall
inform Madagascar of its decision before the vessel leaves. 
(4)          
Any EU vessels
operating in the Malagasy 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
by the Malagasy FMC.
(5)          
ERS data which could
not be made available to Madagascar via the ERS owing to the failure of the
system shall be transmitted by the FMC of the flag State to the Malagasy FMC by
another mutually agreed form of electronic communication. This alternative
transmission shall be considered priority, it being understood that it may not
be possible to comply with the transmission deadlines usually applicable.
(6)          
If the Malagasy FMC
does not receive ERS data from a vessel for three consecutive days, Madagascar
may instruct a vessel to immediately call at a port of its choosing in order to
investigate. 
(4)                    
FMC failure –
ERS data not received by Malagasy FMC
(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 they shall work
together to resolve the problem.
(2)          
Before the ERS becomes
operational, the FMC of the flag State and the Malagasy FMC shall mutually
agree on the alternative means of electronic communication to be used in order
to transmit ERS data in the event of an FMC failure, and shall immediately
inform one another of any changes thereto.
(3)          
If the Malagasy FMC
reports that ERS data has not been received, the FMC of the flag State shall
identify the causes of the problem and take appropriate measures in order to
resolve the problem. The FMC of the flag State shall inform the Malagasy FMC
and the EU of the outcome of the measures taken within 24 hours after recognising
the failure.
(4)          
If more than
24 hours is required in order to resolve the problem, the FMC of the flag
State shall immediately transmit the missing ERS data to the Malagasy FMC via
one of the alternative means of electronic communication referred to in point 5
of paragraph 3.
(5)          
Madagascar shall inform
its competent monitoring services (CMS) so that EU vessels are not considered
by the Malagasy FMC to be in violation of their obligations for not
transmitting ERS data owing to a failure in one of the FMCs.
(5)                    
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
about 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
(v) of paragraph 3.
(4)          
Madagascar shall inform
its competent monitoring services (CMS) so that EU vessels are not considered
to be in violation of their obligations for not transmitting ERS data owing to
the maintenance of an FMC.
(6)                    
Routing of ERS
data in Madagascar
(1)          
For the purposes of
transmitting ERS data from the flag State to Madagascar, electronic
communication means, to be managed by the European Commission on behalf of the
EU, will be used, these being identified as DEH (Data Exchange Highway) as
referred to in point 1 of this Appendix.
(2)          
For the purposes of
managing the fishing activities by the EU fleet, this data shall be stored and
made available for consultation by authorised European Commission staff, on
behalf of the European Union.
Appendix 9 – Contact details in
Madagascar
N.B.: Madagascar will provide all the
information set out below by the entry into force of this Protocol at the
latest
1.          Ministère des
Ressources Halieutiques et de la Pêche (Ministry for Fishery Resources and
Fishing)
Name, address, e-mail address, telephone and fax
numbers
2.          Application
for a fishing authorisation
Name, address, e-mail address, telephone and fax
numbers
3.          Direction de
la Statistique et de la Programmation (DSP) (Directorate for Statistics and
Programming)
Name, address, e-mail address, telephone and fax
numbers 
4.          Fisheries
Monitoring Centre (FMC) and notification of entry and exit
Name of FMC (call sign): 
Radio:
            VHF: F1 channel 16; F2 channel 71
            HF: F1 5.283 MHZ; F2 7.3495 MHZ
Postal address, main e-mail address, alternative
e-mail address, telephone and fax numbers.
5.          Unité de
Statistique Thonière d'Antsiranana (Antsiranana Tuna Statistical Unit)
Postal address,
e-mail address, telephone and fax numbers
ANNEX
Scope of the empowerment and procedure for
establishing the Union position in the Joint Committee
(1)        The Commission shall be
authorised to negotiate with the Republic of Madagascar and, where appropriate
and, subject to complying with point 3 of this Annex, agree on modifications to
the Protocol in respect of the following issues:
a)         review of fishing opportunities
in accordance with Articles 8 and 9 of the Protocol;
b)         decision on the modalities of
the sectoral support in accordance with Article 6 of the Protocol;
c)         amendment of the provisions
relating to conditions governing fishing activities and the rules on the
implementation of the Protocol and the Annexes in accordance with
Article 8(3) of the Protocol.
(2)        In the Joint Committee set up
under the Sustainable Fisheries Partnership Agreement, the Union shall:
a)         act in accordance with the
objectives pursued by the Union within the framework of the Common Fisheries
Policy;
b)         follow the Council Conclusions
of 19 March 2012 on a Communication on the external dimension of the Common
Fisheries Policy;
c)         promote positions that are
consistent with the relevant rules adopted by Regional Fisheries Management
Organisations.
(3)        When a decision on modifications
to the Protocol referred to in point 1 is foreseen to be adopted during a Joint
Committee Meeting, the necessary steps shall be taken so as to ensure that the
position to be expressed on behalf of the Union takes account of the latest
statistical, biological and other relevant information transmitted to the
Commission.
To this effect and based on that
information, a document setting out the particulars of the proposed Union
position shall be transmitted by the Commission services, in sufficient time
before the relevant Joint Committee Meeting, to the Council or to its
preparatory bodies for consideration and approval.
In respect of the issues referred to in
point 1(a), the approval of the envisaged Union position by the Council shall
require a qualified majority of votes. In the other cases, the Union position
envisaged in the preparatory document shall be deemed to be agreed, unless a
number of Member States equivalent to a blocking minority objects during a
meeting of the Council's preparatory body or within 20 days from receipt
of the preparatory document, whichever occurs earlier. In case of such
objection, the matter shall be referred to the Council.
If, in the course of further meetings,
including on the spot, it is impossible to reach an agreement in order for the
Union position to take account of new elements, the matter shall be referred to
the Council or its preparatory bodies.
The Commission is invited to take, in due
time, any steps necessary as a follow up to the decision of the Joint
Committee, including, where appropriate, a publication of the relevant decision
in the Official Journal of the European Union and a submission of any proposal
necessary for the implementation of that decision.