Proposal for a COUNCIL DECISION on the signature, on behalf of the European Union, and provisional application 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, association agreement (EU), fishing agreement, fishing area, fishing regulations













EUR-Lex - 52014PC0682 - EN











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52014PC0682

Proposal for a COUNCIL DECISION on the signature, on behalf of the European Union, and provisional application 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/2014/0682 final - 2014/0318 (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.
2014/0318 (NLE)
Proposal for a
COUNCIL DECISION
on the signature, on behalf of the
European Union, and provisional application 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(5) thereof,
Having regard to the proposal from the
European Commission,
Whereas:
(1)       On 15 November 2007
the Council adopted Council Regulation (EC) No 31/2008[2] on the conclusion of
the Fisheries Partnership Agreement between the European Community and the Republic of   Madagascar.
(2)       The Council authorised the
Commission to negotiate a new protocol to the partnership agreement granting
European Union vessels fishing possibilities in the fishing zone over which Madagascar has jurisdiction. Following completion
of those negotiations, a new draft Protocol was initialled on 19 June
2014.
(3)       In order to ensure the
resumption of fishing activities by Union vessels, Article 15 of the new Protocol
provides for the possibility of the Protocol being applied on a provisional
basis by each of the Parties, from the date of its signature and by 1 January
2015 at the earliest.
(4)       This new Protocol should be
signed and applied on a provisional basis, pending the completion of the
procedures for its conclusion,
HAS ADOPTED THIS DECISION:
Article 1
The signature of 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 authorised on behalf of the Union, subject to the
conclusion of the Protocol.
The text of the Protocol is attached to
this Decision.
Article 2
The Secretariat-General of the Council
shall establish the instruments of full powers authorising the person(s)
indicated by the negotiator of the Protocol to sign it, subject to its
conclusion.
Article 3
The Protocol shall apply on a provisional
basis, in accordance with Article 15 of the same, from the date on which
it is signed and from 1 January 2015 at the earliest, pending completion
of the procedures necessary for its conclusions. 
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 ([3]) || from EFTA countries[4]   || from candidate countries[5]   || 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[6] 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[7] ||   ||   ||   ||   ||   
 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 credits || 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[8] 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[9] 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[10]   || Average cost of the output || Number || Cost || Number || Cost || Number || Cost || Number || Cost || Total No. || Total cost 
 SPECIFIC OBJECTIVE No 1…[11] ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   
 - 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[12] 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[13] 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)[14] ||   ||   ||   ||   
 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 [15]   || - at Headquarters[16]   ||   ||   ||   ||   
 - 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 L 15, 18.1.2008, p.1.
[3]               DA= Differentiated appropriations / NDA=
Non-differentiated appropriations.
[4]               EFTA: European Free Trade Association. 
[5]               Candidate countries and, where applicable, potential
candidate countries from the Western Balkans.
[6]               Year N is the year in which implementation of the
proposal/initiative starts.
[7]               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.
[8]               Year N is the year in which implementation of the
proposal/initiative starts.
[9]               Year N is the year in which implementation of the
proposal/initiative starts.
[10]             Outputs are products and services to be supplied (e.g.:
number of student exchanges financed, number of km of roads built, etc.).
[11]             As described in Section 1.4.2. ‘Specific objective(s)…’

[12]             Year N is the year in which implementation of the
proposal/initiative starts.
[13]             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.
[14]             CA= Contract Agent; LA= Local Agent; SNE = Seconded
National Expert; INT = agency staff ('intérimaire'); JED = young expert in
delegation ('jeune expert en délégation'). 
[15]             Sub-ceiling for external staff under operational
appropriations (former ‘BA’ lines).
[16]             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