COMMISSION STAFF WORKING DOCUMENT EVALUATION Accompanying the document Recommendation for the COUNCIL DECISION authorising the opening of negotiations with Madagascar for the conclusion of a Sustainable Fisheries Partnership Agreement and a Protocol between the European Communities and Madagascar
Date: 2018-04-25
Institutions: Directorate-General for Maritime Affairs and Fisheries, European Commission
Subjects: European Commission, Madagascar, catch quota, fishing agreement, fishing rights, negotiation of an agreement (EU), powers of the institutions (EU), protocol to an agreement, sea fishing, sustainable fisheries

EN 

  EN 

   EUROPEAN COMMISSION  Brussels, 25.4.2018 SWD(2018) 143 final  COMMISSION STAFF WORKING DOCUMENT EVALUATION Accompanying the document Recommendation for the COUNCIL DECISION authorising the opening of negotiations with Madagascar for the conclusion of a Sustainable Fisheries Partnership Agreement and a Protocol between the European Communities and Madagascar {COM(2018) 240 final} - {SWD(2018) 144 final}  
 
 
Table of contents 

1. 

2. 

3. 

INTRODUCTION ................................................................................................................................ 2 

BACKGROUND TO THE INTERVENTION ..................................................................................... 2 

IMPLEMENTATION/STATE OF PLAY ............................................................................................ 4 

3.  METHODOLOGY ................................................................................................................................ 6 

4.  ANALYSIS AND ANSWERS TO THE EVALUATION QUESTIONS ............................................ 6 

6. 

CONCLUSIONS ................................................................................................................................... 8 

1 

 
 
1. 

INTRODUCTION 

Purpose and scope 

Bilateral sustainable fisheries agreements (hereafter - SFPAs) between the EU and third 
countries are covered by the Common Fisheries Policy (CFP) regulation1.  SFPAs help to 
implement the CFP objectives internationally, ensuring that fishing activities of the EU 
fleet  outside  Union  waters  are  based  on  the  same  principles  and  standards  as  those 
applied  in  EU  waters.  SFPAs  are  based  on  the  principles  of  sustainability  and  best 
through 
available  scientific  advice, 
partnership. All in all, SFPAs contribute to the establishment of a governance framework 
for  external  fishing  activities2.    Furthermore,  the  EU  commitment  to  promote  ocean 
governance at a global level should be incorporated in newly negotiated SFPAs.  

transparency,  non-discrimination,  solidarity 

The  Council  Conclusions  on  the  external  dimension  of  the  Common  Fisheries  Policy 
adopted on 19 March 2012, calls for an ex-post and ex-ante evaluation to be carried out 
by the Commission before negotiating a new protocol3.  This stems from Article 31(10) 
of  the  CFP  Basic  Regulation.  Ex-ante  and  ex-post  valuation  studies  aim  to  inform 
decision makers, before the negotiation directives by the Council are adopted.  

This  staff  working  document  (SWD)  presents  the  results  of  an  ex-post  and  ex-ante 
evaluation  of  the  current  Protocol  (2015-2018)  between  the  European  Union  and 
Madagascar, which will expire on 31 December 2018. The study covered the period from 
the entry into force  of the Protocol (1st  January 2015)  to  the end of 2017.  The ex-post 
evaluation is made  on the basis of assessment criteria: efficiency, economy, coherence, 
relevance,  EU  added  value  and  acceptability.  For  the  ex-ante  analysis,  the  questions 
focus on the lessons learned, benefits of the new Protocol, available options (renewal or 
non-renewal of the Protocol) and the associated risks, and the added value for the EU. 

2.  BACKGROUND TO THE INTERVENTION 

Description of the intervention and its objectives 

To explain the logic of this intervention, it is important to explain the rationale of SFPAs. 
SFPAs  consist  of  3  major  parts:  Agreement,  Protocol  and  Technical  Annexes.  While 
once negotiated SFPA Agreements are automatically extended, the Protocols have to be 
renegotiated before their expiry. SFPAs are rendered operational through implementation 
Protocols that contain Technical Annexes. It is for this reason that the evaluation study is 
needed (as explained in the introduction), in order to decide whether it is beneficial or not 
renewing the Protocol and, if so, under which conditions. 

EU concludes fisheries partnership agreements with third countries to enable the EU fleet 
to fish surplus resources in the exclusive economic zone (EEZ) of partner countries (in 
this  case  -  Madagascar),  in  a  legally  regulated  environment  and  in  exchange  for  a 
financial  contribution  by  the  EU  and  ship-owners.  The  EU  contribution  is  made  up  of 
two separate components: 1) EU access fee that gives access for the EU fleet to fisheries 
resources of a partner country; and 2) EU sectorial support devoted to development of the 

Regulation (EU) 1380/2013 of 11 December 2013 the Common Fisheries Policy (OJ L354, 

1   
28.12.2013, p. 22); 
2 Overview of SFPA: http://ec.europa.eu/fisheries/cfp/international/agreements_fr; 
3 Doc. 7086/12 PECHE 66. 

2 

 
 
                                                            
fisheries  sector  in  partner  countries.  The  public  contribution  is  complemented  by 
contributions paid by EU vessel owners. 

Each SFPA is an exclusive agreement: once in place, Union vessels may fish under this 
SFPA,  and  may  not  enter  into  private  agreements  with  the  partner  country.  The  SFPA 
ensures a level-playing field and establishes minimum standards for sustainable resource 
management  as  it  includes  provisions  prohibiting  the  granting  of  more  favourable 
conditions to other foreign fleets. The implementation of the Agreement and the Protocol 
is managed by a Joint Committee, composed of representatives of both parties.  

The EU and Madagascar concluded a bilateral Fisheries Partnership Agreement (FPA) in 
20074.  This  Agreement  provided  fishing  possibilities  exclusively  for  highly  migratory 
species  for  EU  vessels  fishing  in  Madagascar  waters.  It  entered  into  force  in  2007  and 
has  been  tacitly  renewed  twice  for  periods  of  6  years.  The  current  Protocol  allows  the 
access for a maximum of 94 EU tuna vessels to the fishing zone of Madagascar (40 purse 
seiners,  32  surface  longliners  >  100  GT5  and  22  surface  long-liners  <  100  GT)  in 
exchange for an annual EU contribution of: EUR 1 566 250 the first two years (of which 
EUR 866 250 in return for access and EUR 700 000 to support the implementation of the 
national policy of sustainable fisheries) and  1 487 500 EUR for the third and fourth year 
(out  of  which  787  500  EUR  for  access  and  700  000  for  sectoral  support).  Fishing 
opportunities  are distributed among EU ship-owners from four Member States6. Access 
for  EU  support  vessels  is  also  foreseen.  EU  ship-owners  beneficiaries  of  fishing 
opportunities  pay  an  access  fee  comprising  a  fixed  and  a  variable  part.  The  Protocol 
provides  for  a  gradual  increase  in  price  paid  for  each  tonne  caught  (from  EUR  115  / 
tonne to EUR 120 / tonne), as well as an increase in the relative share of this price borne 
by the private sector beneficiary of the fishing opportunities negotiated. 

In total, Madagascar received approximately EUR 1.6 million on average per year from 
the EU in exchange for access (not including sectoral support payments) comprising 54% 
paid  from  the  EU  budget  and  46%  paid  by  EU  ship-owners.  With  sectoral  support 
payments,  total  receipts  for  Madagascar  amounted  to  EUR  2.3  million  on  average  per 
year. 

The negotiation of the new Protocol will imply the re-evaluation of various components 
of the protocol, such as reference tonnage, financial compensation (EU and ship-owners), 
fishing possibilities as well as numerous technical conditions (embarking of seamen and 
observers;  fishing  limits  for  sharks;  declaration  of  catches;  landings  in  Madagascar; 
support  vessels).  As  far  as  the  bilateral  cooperation  for  strengthening  Madagascar's 
capacities on the sustainable management of the Fisheries sector, it is important that the 
sectoral  support  continue  to  focus  some  of  its  resources  on  capacity  building  in 
monitoring, control and surveillance activities and also include new elements if necessary 
(for ex. Blue Growth pillar which might be included in the new EU protocol, as it is the 
case in Mauritius).  In  this  light, the sectorial  support contribution  paid by the EU will 
also have to be reassessed. 

Important  to  note,  that  bilateral  cooperation  between  EU  and  Madagascar  should  be 
looked in a larger context, looking for synergies in all the actions undertaken under other 
SFPA  or  in  the  framework  of  regional  cooperation.  DG  MARE  works  in  close 
cooperation  with  other  Commission  services  (DEVCO,  TRADE,  SANTE,  ENV)  and 
with  EEAS  in  order  to  ensure  synergies  in  actions  undertaken  by  different  services. 

4 Adopted by xxxxxxx (OJ L331, 17.12.2007, p. 7) 
5 GT : Gross tonnage 
6 France, Portugal, Spain, Italy. 

3 

 
 
                                                            
Synergies are also sought with other financial donors (World Bank in particular) in the 
region, in order to avoid double financing, and ensure maximum benefits to Madagascar.  

3. 

IMPLEMENTATION/STATE OF PLAY 

As regards the state of play of the implementation of the Protocol, a number of areas are 
identified  that reflect  what  the situation was like  before the intervention started, how it 
was expected to develop and other relevant points of comparison. 

Utilisation  of  fishing  opportunities.  Utilisation  of  fishing  opportunities  has  been 
medium  over  the  2015-2017  period  (54%),  with  a  total  of  51  EU  tuna  vessels  taking 
fishing authorisations, compared to a maximum of 94. However, access to the Malagasy 
fishing  zone  appears  to  be  important  for  the  EU  fleet  with  90%  of  the  EU  tuna  purse 
seine  fleet  active  in  the  Indian  Ocean  having  drawn  fishing  authorisations  and  almost 
100% of the La Réunion-based surface long-liners of less than 100 GT. For EU surface 
long-liners of more than 100 GT, the percentage of the active fleet having drawn fishing 
authorisations is close to 50%. 

Regardless  of  the  type  of  EU  tuna  vessel  concerned,  there  is  a  need  for  stable  access 
agreements  for  multi-annual  periods,  thus  allowing  ships  to  be  able  to  predict  their 
regional fishery strategies over several seasons. However, the fishing opportunities in the 
new  protocol  should  reflect  the  reality  and  historical  uptake  of  licences,  which  suggest 
some reduction, notably for surface long-liners of more 100 GT. On the reverse, fishing 
opportunities  for  smaller  long-liners  should  take  into  account  possible  developments  of 
the fishing fleet in the region and those for seiners should remain stable. 

Catches  and  their  reporting.  Catches  by  EU  tuna  vessels  over  the  first  three  years  of 
the Protocol were around 8,000 tonnes per year on average. As could be expected from 
the  migratory  nature  of  the  resource  targeted,  EU  catches  varied  between  5,280  tonnes 
(2015)  and  10,314  tonnes  (2017  –  provisional  data).  Average  catches  obtained 
represented 50% of the 15,750 tonnes reference tonnage fixed by the Protocol to set the 
value of the EU. 

The  reference  tonnage  in  the  new  Protocol  should  therefore  reflect  historical  catches, 
although  taking  into  account  the  growing  trend  of  catches  the  recent  years  and  other 
factors  such  as  shark  fishing,  the  absence  of  active  protocol  with  Comoros  and 
Mozambique and the dynamics of the EU fleet in the Western Indian Ocean. 

Regarding  the  reporting  of  catches,  the  new  Protocol  will  make  sure  that  through 
installed  ERS  system  under  the  current  protocol,  Madagascar  authorities  will  receive 
catches from the EU fleet on the daily basis. 

Scientific cooperation. The Protocol foresees that EU and Malagasy authorities should 
monitor  the  evolution  of  catches,  the  fishing  effort  and  the  state  of  targeted  fishery 
resources, and to improve data collection and its analysis. Scientific cooperation between 
the two parties is carried out in the multilateral framework of IOTC: the application and 
follow-up  of  measures  for  tuna  vessels  foreseen  in  both  EU  regulations  and  IOTC 
resolutions,  make  it  possible  to  feed  the  IOTC  scientific  databases.  In  addition,  the 
sectoral support allows a better implication of the Malagasy authorities (participation in 
meetings, submission of mandatory data) in this multilateral framework of management, 
which  is  a  valuable  contribution  to  the  scientific  advice  and  the  resulting  management 
and conservation rules. Supported institutions, such as USTA7, consider Sector Support 
important  for  their  operation,  their  development  and  for  their  participation  in  IOTC 

7 Unité Statistique Thonière Antsiranana. 

4 

 
 
                                                            
meetings. Therefore,the future Protocol should continue supporting the reinforcement of 
scientific  cooperation  between  Madagascar  and  the  EU  scientists,  possibly  including  a 
study  for  establishing  a  monitoring  mechanism  of  sharks  fishing  aimed  inter  alia  at 
collecting reliable timely data on shark catches.  

Support vessels.With regard to support vessels contributing to the fishing effort of EU 
tuna seiners, a future Protocol may incorporate the measures recently adopted by IOTC 
concerning the limitation of the number of support vessels adopted by the Resolution No 
17/0155 by regulating access to fishing zone of Madagascar on the same basis.  

Landings.  Landings  at  the  port  of  Antsiranana  by  EU  tuna  seiners  occur  during  the 
fishing season in the Mozambique Channel. This contributes to support fisheries-related 
activities at Madagascar (bunkering, canning, shipyard). On the reverse, for the surface 
longliners, there  are  no interactions for  logistic  reasons.  The  future  protocol  could  take 
into  consideration  the  simplification  of  administrative  procedures  to  make  effective  the 
landing incentives foreseen under the current protocol.  

Embarking of seamen. The embarkation of Malagasy seamen provisions were correctly 
applied by EU ship-owners. National seamen are a welcome resource that EU ship-
owners are looking for. The provisions of the current Protocol may therefore be 
maintained. However, some clarification on conditions of seamen embarkement on small 
long-liners, should be provided to avoid possible misunderstanding on the application of 
these clauses in the future.  

Inspections  at  sea.  Partnership  with  the  EU  is  particularly  important  to  strengthen  the 
fight  against  Illegal,  unregulated  and  unreported  fishing  (IUU).  The  future  Protocol 
should  maintain  a  concentration  of  some  of  the  resources  of  the  sectoral  support  for 
monitoring,  control  and  surveillance  and  ensure  the  complementarity  of  national 
inspection  activities  with  actions  carried  out  at  regional  level  to  which  Madagascar  is 
actively participating. 

Embarking of observers. The tuna vessels have generally complied with the monitoring 
conditions  (satellite  tracking,  logbooks)  and  have  embarked  Malagasy  observers, 
sometimes beyond the minimum requirements. Malagasy scientific observers have been 
embarked onto EU tuna seiners within the framework of the regional observers program 
implemented  by  IOC  (Indian  Ocean  Commission)  with  EU  support.  The  quality  of  the 
monitoring  data  should  be  soon  improved  through  the  implementation  of  an  electronic 
system (Electronic Reporting System - ERS). EU tuna purse seiners go also beyond the 
IOTC  minimum  requirements  in  terms  of    observers  coverage  of  their  operations.  The 
future protocol should maintain the current provisions in this area. 

Sectoral  support.  Sectoral  support  under  current  protocol  has  particularly  focused  on 
strengthening  monitoring  and  surveillance  axis  and  other  important  areas  (such  as 
research  and  science,  sanitary  issues,  small  scale  fisheries).  The  new  protocol  should 
further strengthen these axis of intervention.  

Blue  growth  /  Ocean  Governance.  The  current  Protocol  has  no  reference  to  Blue 
Growth/ Ocean Governance axis that took much importance since few years for the EU, 
and across the world. Madagascar is in the process of preparing a blue growth strategy in 
collaboration  with  FAO.  Similarly  to  what  has  recently  being  agreed  for  other  SFPA 
(notably  that  with  Mauritius)  sectoral  support  could  take  into  account  some  of  the 
financing needs in this area. 

5 

 
 
3. 

 METHODOLOGY 

The evaluation study was conducted between November 2017 and February 2018, under 
the guidance of an inter-service Steering Group and within the general framework of the 
Terms  of  Reference.  The  methodology  used  in  the  evaluation  included  analysis  of 
documentation and data available, and consultation of Madagascar and EU stakeholders. 
(more information in Annex 2 of this document). 

The preparation of the evaluation report took into account the guidelines recommended 
by  the  EU,  including  the  "Toolbox"  on  evaluation,  in  particular  on  how  to  assess  the 
impacts  on  third  countries,  and  the  methodological  elements  specific  to  the  external 
dimension of the CFP, such as those concerning the methods of assessment of the socio-
economic benefits of fisheries agreements. 

All in all, the contractor respected all the requirements set by the Steering group, and all 
the  meetings  were  held  without  delay.  There  was  a  very  constructive  communication 
between the Steering group and the contractor along the whole evaluation process, and 
the cooperation was mutually much appreciated.  

4.  ANALYSIS AND ANSWERS TO THE EVALUATION QUESTIONS 

The 2015-2018 Protocol to the SFPA between the EU and Madagascar generally meets 
the  minimum  conditions  of  effectiveness,  efficiency,  economy  relevance,  coherence, 
acceptability for EU interventions. The Protocol can be broadly described as a win-win 
agreement in that it addresses the identified needs of the different stakeholders. 

Effectiveness. The 2015-2018 Protocol is evaluated as effective in terms of its objective 
of  contributing  towards  sustainable  exploitation  of  fisheries  resources  in  the  waters  of 
Madagascar. The Protocol is consistent with the conservation and management measure 
adopted under the multilateral framework of the IOTC to which the EU and Madagascar 
are parties. The Protocol implemented monitoring measures of EU fleet activities which 
produced scientific data. The Protocol succeeded in strengthening Malagasy monitoring, 
control and surveillance capacities. However, further improvements are needed in terms 
of timely collection and analysis of logbooks submitted by non-EU tuna vessels to ensure 
that all vessels are treated and monitored equally, as required by the Protocol. In addition, 
monitoring mechanisms of shark catches by EU vessels could not prevent exceeding the 
catch  limit  set  by  the  Protocol.  Although  the  latter  have  not  direct  impact  on  the 
conservation measures set globally at the level of IOTC, this issue could be addressed in 
the future through a specific study financed by the sectoral support. 

The  Protocol  is  also  evaluated  as  broadly  effective  in  relation  to  its  objective  of 
protecting the interests of the EU long distance fleet. Concerning tuna purse seiners, the 
Protocol provides access to an important fishing zone in the Western Indian Ocean, with 
interest reinforced by the absence of applicable SFPAs with neighbouring coastal States 
(Comoros,  Mozambique).  Concerning  surface  long-liners  based  in  La  Réunion,  the 
Protocol  supports  enlargement  of  the  fleet’s  operational  range  and  hence  a  better 
distribution  of  fishing  effort.  As  far  as  can  be  verified  given  the  lack  of  updated 
information available, technical and financial conditions imposed on EU tuna vessels are 
broadly  equivalent  to  those  imposed  on  non-EU  tuna  vessels.  The  Protocol  is  broadly 
effective  in  relation  to  its  objective  of  contributing  to  the  development  of  the  fisheries 
sector in Madagascar. Through its sectoral support component, the Protocol contributed 
to  capacity  building  for  monitoring,  control  and  surveillance,  and  for  sanitary  controls 
during  a  period  when  the  national  budget  was  limited.  Interactions  between  EU  tuna 
purse  seiners  and  enterprises  of  the  Anstiranana  tuna  cluster  supported  the  creation  of 
positive economic and social impacts for the country. Employment of Malagasy seamen 

6 

 
and  observers  on  board  all  EU  tuna  fleet  segments  concerned  by  the  Protocol  also 
contributed to job creation. 

Efficiency. The Protocol is evaluated as efficient with positive returns on investment for 
the  EU  in  relation  to  access  payments,  even  if  the  reference  tonnage  has  not  been 
reached.  Sectoral  support  funding  appears  to  be  aligned  with  Malagasy  absorption 
capacity  based  on  the  satisfactory  execution  rate  of  measures,  which  has  triggered 
payments  of  100%  of  foreseen  tranches  so  far.  Sectoral  support  economy  has  been 
improved  by  a  new  payment  mechanism  of  sectoral  support  envelopes  directly  into  an 
account managed by the Agence Malgache de la Pêche et de l’Aquaculture (AMPA). 

Economy. The sectoral support of the current Protocol needs have in general been well 
estimated by the Joint Committee.  The EU has disbursed the sectoral support financial 
contributions in a timely manner and consistent with the Protocol, reflecting the rhythm 
of its implementation and reporting, and consistently with the Protocol.  

Relevance.  The  Protocol  remains  relevant  to  the  objectives  of  the  SFPA  and  to 
Madagascar’s  sector  management  and  sustainable  development  plans.  The  Protocol  is 
also  relevant  to  the  objectives  of  IOTC  and  contributes  to  a  network  of  SFPAs  in  the 
region.  The  Protocol  is  relevant  for  most  of  the  stakeholders  concerned.  For  EU  ship-
owners, the Protocol provides access to the Malagasy fishing zone. For Madagascar, the 
Protocol  supports  economic  benefits  from  tuna  resources  present  in  the  EEZ  that  the 
national  fleet  cannot  exploit.  The  Protocol  also  provides  funds  for  the  improvement  of 
the governance of the sector in key areas like fisheries surveillance, small scale fisheries 
and  sanitary  controls.  For  the  EU,  the  Protocol  reinforces  the  South-Western  Indian 
Ocean network of tuna agreements which provides opportunities to coherently implement 
IOTC  resolutions,  by  providing  at  the  same  time  a  clear  legal  framework  for  the 
governance of the EU distant fleet activities and the partnership with Madagascar.  

Coherence. The Protocol is consistent with the CFP and the objectives of IOTC. It also 
helps  maintain  a  coherent  network  of  tuna  agreements  in  the  region.  The  Protocol  is 
consistent  with  other  EU  initiatives  and  the  policies  of  international  donors  and 
contributes to their effectiveness. It is coherent with other EU interventions in the South-
Western Indian Ocean, in particular those aimed at improving fisheries governance and 
the fight against  IUU fishing.  The Protocol  supports interventions  at  national level that 
complement  EU  interventions  under  national  and  regional  EDF  programmes,  in 
particular the SMARTFISH programme (to be closed mid-April 2018) and its successor - 
ECOFish - being prepared under the 11th EDF. The Protocol is also coherent with other 
EU initiatives in favour of its outermost regions. 

The Protocol contributes to achieving the priorities identified by the Malagasy strategic 
framework for the fishery sector. 

The EU added value. The added value of the EU intervention in the Protocol is clear, as 
the instrument supports implementation of an EU fleet management framework coherent 
with  frameworks negotiated under other tuna agreements, while  creating a platform  for 
sectoral dialogue between the EU and Madagascar. The EU’s financial contribution has 
contributed to strengthen the fisheries sector of Madagascar as a whole. Compared to a 
scenario where EU vessels negotiate individually with Madagascar for access, the EU's 
participation  in  the  process  has  ensured  that  the  Protocol  promotes  sustainability  and 
includes conditions and objectives that are consistent with CFP & IOTC objectives.  

Acceptability.  The  Protocol  is  broadly  acceptable  by  EU  stakeholders  who  support  its 
renewal.  For  Malagasy  authorities,  the  Protocol  is  also  acceptable,  and  its  renewal  is 
supported. Some comments received by the Malagasy civil society suggest however that 
the visibility of the Protocol achievements should be improved by Malagasy authorities. 

7 

 
6. 

CONCLUSIONS 

The  contractor  has  fully  addressed  the  evaluation  questions  and  provided  the 
Commission  with  concrete,  reliable  and  credible  results.  On  the  basis  of  these 
observations, the contractor has drawn conclusions based on objective analysis and made 
specific  and  relevant  recommendations  for  future  negotiations  on  the  new  protocol 
between the EU and Madagascar.    

Therefore,  from  all  options  considered  the  renewal  of  the  Protocol  at  the  end  of  its 
implementation period (31 December 2018) clearly appears as the preferred option. Any 
other option would not bring the same benefits, including the option of not renewing the 
Protocol. A future Protocol should retain a similar technical and financial approach with 
some technical adaptations aimed at improving the implementing conditions of its access 
and  sectoral  support  components.  The  Protocol  can  be  broadly  described  as  a  win-win 
agreement in that it addresses the identified needs of the different stakeholders.  

The result of the evaluation and lessons learned from other similar interventions lead to 
the  adoption  of  recommendations  with  a  view  to  addressing  issues  that  need  to  be 
considered and resolved in the future protocol.  

With  regard  to  access  conditions,  this  concerns  notably:  i)  maintaining  EU  fishing 
opportunities  exclusively  for  highly  migratory  species  and  associated  species;  ii) 
alignment  of  fishing  opportunities  negotiated  with  levels  reflecting  EU  tuna  vessel 
activities in the South-West Indian Ocean; iii) introduction of mechanisms to regulate the 
number  of  support  vessels  that  are  aligned  with  those  adopted  by  the  IOTC;  and  iv)  a 
scientific  analysis  of  the  relevance  of  a  catch  limit  for  sharks  and  identification  of 
modified and appropriate management mechanisms. 

Concerning  the  sectoral  support  component,  it  is  recommended:  i)  continuation  of 
capacity  building  actions  for  monitoring,  control  and  surveillance,  sanitary  inspections, 
training  of  seamen  and  support  to  professionalisation  of  the  artisanal  sector;  ii) 
clarification of the new sectoral support payment mechanisms aimed at ensuring a better 
traceability;  and  iii)  close  coordination  between  sectoral  support  actions,  the  EU 
interventions under national and regional EDF programmes (Smartfish and Eco-fish) and 
actions  foreseen  under  the  World  Bank  programme  (SWIOFISH  2)  which  will  support 
improvements in Malagasy fisheries governance over the 2017-2023 period. 

Furthermore, a future sectoral support could also include support to the Malagasy Blue 
Growth strategy, should relevant needs be identified in sufficient detail at the time of the 
future negotiations. 

To  sum  up,  the  Commission  supports  the  conclusions  of  the  assessment  made  by  the 
contractor. The duration of a future Protocol should be at least four years (like the current 
Protocol).

8 

 
Annex 1: Procedural information 

1.  LEAD DG, DeCIDE PLANNING/CWP REFERENCES 

Responsable DG: DG MARE – Maritime Affairs and Fisheries/PLAN/2017/1462 

2.  ORGANISATION AND TIMING 

Works to be executed  

Contract signature  

Inception Meeting  

Minutes of the Inception Meeting  

Submission of the initial report  

Cumulative 

9 November 2017 

17 November 2017 

20 November 2017 

5 December 2017 

Comments on the initial report  

11 July 2017 

Meeting concerning the initial report  

Exchange 
Steering Committee  

in  writing  with 

Minutes of the meeting concerning the initial 
report  

Exchange 
Steering Committee  

in  writing  with 

the 

the 

Submission of the draft final report  

29 January 2018 

Meeting 
on 
(presentation)  

the 

draft 

final 

report 

6 February 2018 

3.  EXCEPTIONS TO THE BETTER REGULATION GUIDELINES 

The  legal  and  procedural  requirements  for  the  preparation  of  the  renewal  of  fisheries 
protocols  lead  to  a  tight  schedule  which  prevents  the  holding  of  an  open  public 
consultation. Moreover, the impact of SFPA is relatively limited, as they focus on a small 
number of stakeholders. The consultation strategy excludes open public consultations. 

4.  CONSULTATION OF THE RSB (IF APPLICABLE) 

The Contractor used data provided by DG MARE, DG DEVCO and EEAS, and the 
interviews with the authorities of Madagascar;  EU Member States concerned;  
representatives or associations of tuna fishing ship-owners,  NGOs and civil society.    

5.  EVIDENCE, SOURCES AND QUALITY 

The evaluation process and the final evaluation report was subject to a quality assessment 
by the Steering Committee. 

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Annex 2: Stakeholder consultation 

Questionnaire sent to stakeholders  

  What  is  your  view  on  the  Protocols  approved  by  the  EU  Council  and  the 

European Parliament?   

  Are you generally satisfied with the way the European Commission has managed 

the fisheries agreement with Madagascar?   

  Do you attend Joint Committee meetings?  And why?   
 

If  necessary,  what  would  be  the  best  ways  to  improve  the  functioning  of  joint 
committees?   

  Do you have difficulties in the implementation of follow-up measures allocated to 

 

Member States in the context of these agreements?   
If the protocols were renewed in 2018, perhaps to change compared to the current 
Protocols?   

  Do you have any other comments to make on the two fisheries agreements? 

Background  

In line with the implementation of the Commission guidelines and the better regulation 
‘toolbox’,  a  consultation  strategy  was  presented  during  the  preparation  of  the 
negotiations for the renewal of protocols to the fisheries partnership agreements (SFPAs).   
The strategy has had to define the best means of achieving relevant stakeholders both in 
the EU and in the partner country concerned.   

Objectives  

The aim of the consultation:   

1.  To  obtain  stakeholders’  views  on  the  implementation  of  the  previous  protocol  or 
ongoing,  as  well  as  on  the  possible  renewal  of  the  protocol,  including  the  different 
options;   

2. To use the results of this consultation in the evaluation report (working document to be 
developed by Commission services following the evaluation study will be prepared by an 
external contractor before the opening of negotiations.   

Approach to consultation of stakeholders  

The  main  stakeholders  concerned  with  the  Protocol,  which  have  been  consulted  in  the 
form  of  maintenance  or  through  the  form  sent,  are  as  follows:  1)  Member  States  flag 
ships  beneficiaries  (Spain,  France,  Portugal);  2)  representatives  or  associations  of  ship-
owners  in  the  tuna  beneficiaries  of  this  Protocol;  3)  non-governmental  organisations 
(NGOs));  4)  The  partner  country  administrations;  5)  representatives  of  the  authorities;  
the private sector and civil society. 

Detailed results of the stakeholder consultation  

These results are presented in Annex 4 of the study.8 

8 Etude d'évaluation:  

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Annex 3: Methods and analytical models 

Economic analysis  

A  harmonised  methodology  has  been  developed  for  the  economic  analysis  of  the  tuna 
fleets, which fish in the framework of SFPAs and RFMOs.  The data used correspond to 
the data provided by EU Member States to the Contractor.    

Science  

The analysis of the scientific advice on the state of the stocks and the recommendations, 
was  conducted  focusing  on  the  potential  and  the  state  of  stocks  of  highly  migratory 
species  (tuna  and  associated  species),  with  an  emphasis  on  Malagasy  EEZ.  The 
evaluators did not carry out stock assessments, as such, but have used the latest available 
scientific  advice  on  the  state  of  the  stocks  and  management  measures,  the  most  recent, 
adopted by the Indian Ocean Tuna Commission (IOTC) for the tuna stocks.   

The data on the catches and fishing authorisations  

The catch data for EU vessels used in the valuation were extracted from the database of 
the European Commission  consolidated catch, which is  updated by the Member States.  
The  information  concerning  the  fishing  authorisations  granted  by  Madagascar  to  EU 
vessels  were  extracted  from  the  Commission  database  on  fishing  authorisations.    For 
both catches and fishing authorisations, the 2014, 2015 and 2016 data are final, while the 
2017 data are provisional. 

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