L 182/54
EN
Official Journal of the European Union
19.7.2023
4.3.
The master shall be deemed responsible if a vessel’s VMS is found to have been tampered with in order to disrupt its operation or falsify its position messages.
Any infringement shall be subject to the penalties provided for by Malagasy legislation.
The master may not be held liable for any malfunctioning of the communication systems referred to in point 4.2. 4.4.
The Joint Committee shall deal with any dispute that may arise.
5. Revision of the frequency of position messages 5.1.
On the basis of documentary evidence pointing to an infringement, the Malagasy FMC may ask the FMC of the flag State, copying in the Union, to reduce the interval for sending position messages from a vessel to every 30 minutes for a set period of investigation. 5.2.
This evidence shall be sent by the Malagasy FMC to the FMC of the flag State and to the Union authorities. 5.3.
The FMC of the flag State shall immediately send the position messages to the Malagasy FMC at the reduced frequency. 5.4.
The Malagasy FMC shall immediately notify the FMC of the flag State and the Union of the end of the inspection procedure. 5.5.
At the end of the set investigation period, the Malagasy FMC shall inform the FMC of the flag State and the Union of any follow-up. 6.
Validity of VMS messages in the case of dispute The position data provided by the VMS shall be considered reliable in the event of dispute between the Parties.
Section 5 Observers 1.
Observation of fishing activities 1.1.
The Parties acknowledge the importance of complying with the national observer programme and the obligations arising from the relevant IOTC resolutions with regard to the scientific observer programme. 1.2.
For these purposes: 1.2.1. each vessel shall take on board a fishing observer while it is present in Madagascar’s fishing zone.
At least 30 % of vessels shall take on board observers designated by the competent Malagasy Authority.
For the remaining 70 %, observer coverage shall be organised as appropriate through regional or electronic observer programmes; 1.2.2. observers shall have the task of ensuring the application of point 1.1 or any other need to collect scientific information identified by the relevant national institute in Madagascar or by the joint scientific working group. 2.
Designated vessels and observers 2.1.
When fishing authorisations are issued, the Malagasy Authority shall publish and, where appropriate, update a list of vessels selected to take an observer from Madagascar on board in compliance with the objectives referred to in point 1.2.1. 2.2.
The Malagasy Authority shall send that list by electronic means to the Union authorities and to the vessel owners concerned as soon as it has been published or updated.
If one of the vessels selected has a lack of space that is duly documented as being due to safety requirements, relating, in particular, to acts of piracy, the Malagasy Authority shall amend the list of vessels selected in order to take account of this situation, while ensuring that the objective referred to point 1.2.1 is met. 2.3.
Once the list of fishing vessels selected to take an observer on board has been finalised, Madagascar shall at the same time inform the vessel owners concerned, or their agent, of the vessels which must take on board an observer designated in accordance with point 1.2.1.