CELEX: 52010PC0565
Language: en
Date: 2010-10-15
Title: Proposal for a COUNCIL DECISION on the conclusion of a new Protocol setting out the fishing opportunities and financial contribution provided for in the Fisheries Partnership Agreement between the European Community and the Union of the Comoros

EN
EN    EN
 ---pagebreak---                    EUROPEAN COMMISSION
                                                     Brussels, 15.10.2010
                                                     COM(2010) 565 final
                                                     2010/0287 (NLE)
                                        Proposal for a
                                  COUNCIL DECISION
   on the conclusion of a new Protocol setting out the fishing opportunities and financial
       contribution provided for in the Fisheries Partnership Agreement between the
                   European Community and the Union of the Comoros
EN                                                                                         EN
 ---pagebreak---                                  EXPLANATORY MEMORANDUM
   Based on a mandate from the Council1, the European Commission has negotiated with the
   Union of the Comoros to renew the Protocol to the Fisheries Partnership Agreement between
   the European Community and the Union of the Comoros, dated 6 October 2006. On
   conclusion of these negotiations, a new Protocol was initialled on 21 May 2010 and amended
   by an exchange of letters on 16 September 2010. It covers a period of three years from the
   time of the adoption of the Council decision on the signing and on the provisional application
   of the said Protocol and after expiry of the current Protocol on 31 December 2010.
   This procedure is initiated in parallel with the procedures relating to the Council Decision on
   the signing on behalf of the Union and on the provisional application of the Protocol itself, as
   well as to the Council Regulation concerning the allocation of fishing opportunities between
   the Member States of the EU.
   The Commission’s negotiating position was based in part on the results of an ex-post
   evaluation carried out by external experts.
   The main objective of the Protocol is to define the fishing opportunities offered to vessels of
   the European Union based on the surplus available as well as the financial contribution due,
   separately, for access rights and for sectoral support.
   The objective is to continue the cooperation between the European Union and the Union of
   the Comoros, thereby creating a partnership framework within which to develop a sustainable
   fisheries policy and sound exploitation of fisheries resources in the Comorian fishing zone, in
   the interests of both Parties.
   The new Protocol is in keeping with the two Parties' concern to strengthen partnership and
   cooperation in the fisheries sector using all the financial instruments available. To this end, it
   is recalled that there is a need to create a framework which is favourable to the development
   of investment in this sector and optimising the production of small-scale fisheries.
   The overall annual contribution of the Protocol of EUR 1 845 750 over the whole period is
   based on: a) an annual reference tonnage fixed at 4 850 tonnes for 70 vessels corresponding to
   EUR 315 250 per year, and b) support for the development of the sectoral fisheries policy of
   the Union of the Comoros amounting to EUR 300 000 per year. This support meets the
   objectives of the national fisheries policy.
   With regard to the fishing opportunities, 45 tuna seiners and 25 surface longliners will be
   authorised to fish. Nevertheless, with regard to the annual assessments of the state of stocks,
   these fishing opportunities could be revised up or down which would lead to a corresponding
   review of the financial contribution.
   The Commission proposes, on this basis, that the Council, with the consent of the Parliament,
   adopt this new Protocol by Decision.
   1
           Decision No 9180/10 of 10 May 2010.
EN                                                  2                                                 EN
 ---pagebreak---                                                               2010/0287 (NLE)
                                               Proposal for a
                                         COUNCIL DECISION
     on the conclusion of a new Protocol setting out the fishing opportunities and financial
         contribution provided for in the Fisheries Partnership Agreement between the
                         European Community and the Union of the Comoros
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular
   Article 43 in conjunction with Article 218(6)(a) thereof,
   Having regard to the proposal from the Commission2,
   Having regard to the consent of the European Parliament3,
   Whereas:
   (1)     By Council Regulation No 1563/2006, the European Community concluded a
           Fisheries Partnership Agreement with the Union of the Comoros4,
   (2)     The European Union then negotiated with the Union of the Comoros a new Protocol to
           the Fisheries Partnership Agreement, providing European Union vessels with fishing
           opportunities in the waters over which the Comoros has sovereignty or jurisdiction in
           respect of fisheries,
   (3)     On conclusion of these negotiations, a Protocol was initialled on 21 May 2010,
   (4)     By Council Decision 2010/XXX of […]5, this new Protocol has applied provisionally
           since […],
   (5)     It is in the European Union's interest to adopt this new Protocol,
   HAS ADOPTED THIS DECISION:
                                                  Article 1
   The Protocol to the Fisheries Partnership Agreement between the European Community and
   the Union of the Comoros, initialled on 21 May 2010, is approved on behalf of the Union6.
   2
           OJ C , , p. .
   3
           OJ C , , p. .
   4
           Council Regulation No 1563/2006 of 6 October 2006 (OJ L 290, 20.10.2006).
   5
           OJ C , , p. .
EN                                                    3                                          EN
 ---pagebreak---    The text of the Protocol is attached to this Decision.
                                                       Article 2
   The President of the Council, on behalf of the Union, is hereby authorised to designate the
   persons empowered to give the notification provided for in Article 14 of the Protocol, in order
   to bind the European Union7.
                                                       Article 3
   This Decision shall take effect on the day of its publication in the Official Journal of the
   European Union.
   Done at Brussels,
                                                         For the Council
                                                         The President
   6
           The text of the Protocol as well as the decision on its signing were published in OJ …
   7
           The date of entry into force of the Protocol will be published in the Official Journal of the European
           Union by the General Secretariat of the Council.
EN                                                         4                                                      EN
 ---pagebreak---                                               PROTOCOL
       setting out the fishing opportunities and financial contribution provided for in the
     Fisheries Partnership Agreement between the European Community and the Union of
                                              the Comoros
                                                 Article 1
                             Period of application and fishing opportunities
   1.        For a period of three years, the fishing opportunities granted to vessels of the
             European Union under Article 5 of the Fisheries Partnership Agreement shall be as
             follows:
             –      tuna seiners: 45 vessels
             –      surface longliners: 25 vessels.
   2.        Paragraph 1 shall apply subject to Articles 5, 6, 8 and 9 of this Protocol.
                                                 Article 2
                              Financial contribution – Methods of payment
   1.        For the period referred to in Article 1, the financial contribution referred to in Article
             7 of the Fisheries Partnership Agreement shall be EUR 1 845 750.
   2.        The financial contribution comprises:
   (a)     an annual amount for access to the EEZ of the Comoros of EUR 315 250, equivalent
   to a reference tonnage of 4 850 tonnes per year, and
   (b)     a specific amount of EUR 300 000 per year for the support and implementation of the
   sectoral fisheries policy of the Comoros.
   3.        Paragraph 1 shall apply subject to Articles 3, 4, 5 and 6 of this Protocol and Articles
             12 and 13 of the Agreement.
   4.        The European Union shall pay the financial contribution referred to in paragraph 1 at
             the rate of EUR 615 250 per year during the period of application of this Protocol,
             corresponding to the total of the annual amounts referred to in paragraph 2(a) and
             (b).
   5.        If the overall quantity of catches by European Union vessels in Comorian waters
             exceeds 4 850 tonnes per year, the total amount of the annual financial contribution
             shall be increased by EUR 65 for each additional tonne caught. However, the total
             annual amount paid by the European Union shall not be more than twice the amount
             indicated in paragraph 2(a) (EUR 630 500). Where the quantities caught by European
             Union vessels exceed the quantities corresponding to twice the total annual amount,
             the amount due for the quantity exceeding that limit shall be paid the following year.
   6.        Payment shall be made no later than 30 days after the entry into force of the Protocol
             for the first year and no later than the anniversary date of this Protocol for the
             following years.
EN                                                   5                                                  EN
 ---pagebreak---    7.   The Comorian authorities shall have full discretion regarding the use to which the
        financial contribution referred to in paragraph 2(a) is put.
   8.   All of the financial contribution indicated in Article 2(2) of this Protocol shall be
        paid into a Public Treasury account opened with the Comoros central bank, Banque
        Centrale des Comores.
   9.   From this account, the amount corresponding to the financial contribution referred to
        in Article 2(b) will be transferred to the account TR 5006 opened with the Central
        Bank by the Ministry responsible for fisheries.
                                            Article 3
            Promotion of responsible and sustainable fishing in Comorian waters
   1.   No later than three months after the entry into force of this Protocol, the Parties shall
        agree, within the Joint Committee provided for in Article 9 of the Fisheries
        Partnership Agreement, on a multiannual sectoral programme and detailed
        implementing rules, in particular:
      (a)     annual and multiannual guidelines for using the financial contribution referred
              to in Article 2(2)(b);
      (b)     the objectives, both annual and multiannual, to be achieved with a view to
              introducing, over time, responsible and sustainable fishing, taking account of
              the priorities expressed by the Comoros in its national fisheries policy and
              other policies relating to or having an impact on the introduction of responsible
              and sustainable fishing;
      (c)     criteria and procedures for evaluating the results obtained each year.
   2.   Any proposed amendments to the multiannual sectoral programme must be approved
        by both Parties within the Joint Committee.
   3.   Each year, the Comoros shall decide on the allocation, if necessary, of an additional
        amount to the part of the financial contribution referred to in Article 2(2)(b) with a
        view to implementing the multiannual programme. This allocation shall be
        communicated to the European Union.
   4.   Where the annual evaluation of the progress made in implementing the multiannual
        sectoral programme so warrants, the European Commission reserves the right, after
        consulting the two Parties within the Joint Committee, to reduce the part of the
        financial contribution referred to in Article 2(2)(b) of the Protocol with a view to
        adjusting the amount allocated to implementation of the Programme in line with the
        results.
                                            Article 4
                         Scientific cooperation on responsible fishing
   1.   The Parties hereby undertake to promote responsible fishing in Comorian waters
        based on the principle of non-discrimination between the different fleets operating in
        those waters.
EN                                              6                                                 EN
 ---pagebreak---    2.      During the period covered by this Protocol, the European Union and the Union of the
           Comoros shall endeavour to monitor the state of fishery resources in the Comorian
           fishing zone.
   3.      The two Parties shall respect the recommendations and resolutions of the Indian
           Ocean Tuna Commission (IOTC) and undertake to promote cooperation at
           subregional level on the responsible management of fisheries.
   4.      In accordance with Article 4 of the Agreement, based on the recommendations and
           resolutions adopted within the IOTC and the best available scientific advice, the
           Parties shall consult each other within the Joint Committee provided for in Article 9
           of the Agreement and, where necessary after a scientific meeting and by mutual
           agreement, take measures to ensure the sustainable management of fisheries
           resources concerning the activities of European Union vessels.
                                                Article 5
                      Adjustment of fishing opportunities by mutual agreement
   The fishing opportunities referred to in Article 1 may be adjusted by mutual agreement
           insofar as the recommendations and resolutions adopted by the IOTC confirm that
           this adjustment guarantees the sustainable management of the Comorian fisheries
           resources. In this case the financial contribution referred to in Article 2(2)(a) shall be
           adjusted proportionately and pro rata temporis. However, the total annual amount of
           the financial contribution paid by the European Union shall not be more than twice
           the amount referred to in Article 2(2)(a).
                                                Article 6
                                      New fishing opportunities
   1.      Should European Union vessels be interested in fishing activities which are not
           indicated in Article 1, the Parties shall consult each other before any authorisation is
           granted by the Comorian authorities. Where appropriate, the Parties shall agree on
           the conditions applicable to these new fishing opportunities and, if necessary, make
           amendments to this Protocol and to the Annex thereto.
   2.      The Parties shall encourage experimental fishing. To this end and on request of one
           of the two Parties, the latter shall consult and determine, on a case-by-case basis, the
           species, conditions and any other relevant parameters.
   3.      The Parties shall carry out experimental fishing in accordance with the Comorian
           legislation in force and according to the agreed administrative and scientific
           provisions, if applicable. The authorisations for experimental fishing shall be granted
           for periods of a maximum of six months.
   4.      Where the Parties consider that the experimental fishing trips have produced positive
           results, the Comorian authorities, in a meeting of the Joint Committee provided for in
           Article 9 of the Agreement, may allocate fishing opportunities for new species to the
           fleet of the European Union until the expiry of this Protocol. The financial
           contribution referred to in Article 2(2)(a) of this Protocol shall consequently be
           increased.
                                                Article 7
                     Conditions governing fishing activities – Exclusivity clause
EN                                                  7                                                 EN
 ---pagebreak---    1.        Without prejudice to Article 6 of the Agreement, the fishing vessels flying the flag of
             a Member State of the European Union may fish in Comorian waters only if they are
             in possession of a fishing authorisation issued under this Protocol in accordance with
             the Annex hereto.
   2.        For the categories of fishing which are not covered by this Protocol and for
             experimental fishing, the Comorian authorities may grant fishing authorisations to
             vessels of the European Union. However, the granting of these authorisations is
             governed by the legislation and rules of the Union of the Comoros with the
             agreement of the two Parties.
                                                 Article 8
                  Suspension and review of the payment of the financial contribution
   1.        The financial contribution as referred to in Article 2(2)(a) and (b) may be revised or
             suspended after consultation within the Joint Committee if:
   (a)     Unusual circumstances, other than natural phenomena, prevent fishing activities in the
   Comorian EEZ;
   (b)     Following significant changes in the policy guidelines which led to the conclusion of
   this Protocol, one of the two Parties requests a review of the provisions with a view to a
   possible amendment thereof;
   (c)     The European Union notes that there has been a violation in the Comoros of the
   essential and fundamental elements of human rights as provided for in Article 9 of the
   Cotonou Agreement.
   2.        The European Union reserves the right to suspend, partially or totally, the payment of
             the specific financial contribution provided for in Article 2(2)(b) of this Protocol:
   (a)     If the results obtained are inconsistent with the programming, following an evaluation
   carried out by the Joint Committee;
   (b)     In the event of non-payment of this financial contribution.
   3.        Payment of the financial contribution shall resume after consultation and agreement
             of the two Parties as soon as the situation prior to the events mentioned in paragraph
             1 has been re-established, and/or if the results of the financial implementation
             referred to in paragraph 2 so warrant.
                                                 Article 9
                            Suspension of the implementation of the Protocol
   1.        The implementation of this Protocol may be suspended at the initiative of one of the
             two Parties after consultation within the Joint Committee if:
   (a)     Unusual circumstances, other than natural phenomena, prevent fishing activities in the
   Comorian EEZ;
   (b)     In the event of significant changes in the policy guidelines which led to the conclusion
   of this Protocol, either Party may request a review of the provisions with a view to a possible
   amendment thereof.
EN                                                   8                                               EN
 ---pagebreak---    (c)     The European Union notes that there has been a violation in the Comoros of the
   essential and fundamental elements of human rights as provided for in Article 9 of the
   Cotonou Agreement;
   (d)     There is a non-payment of the financial contribution provided for in Article 2(2)(a) by
   the European Union, for reasons other than those provided for in Article 8 of this Protocol;
   (e)     There is a dispute between the two Parties concerning the interpretation of this
   Protocol;
   (f)     One of the two Parties does not comply with the provisions of this Protocol.
   2.       The implementation of the Protocol may be suspended at the initiative of one Party if
            the dispute between the Parties is deemed to be serious and if the consultations held
            within the Joint Committee have not resulted in an amicable settlement.
   3.       Suspension of application of the Protocol shall require the interested Party to notify
            its intention in writing at least three months before the date on which suspension is
            due to take effect.
   4.       In the event of suspension, the Parties shall continue to consult with a view to finding
            an amicable settlement to their dispute. Where such settlement is reached, application
            of the Protocol shall resume and the amount of the financial contribution shall be
            reduced proportionately and pro rata temporis according to the period during which
            application of the Protocol was suspended.
                                                Article 10
                                              National law
   1.       The activities of European Union vessels operating in Comorian waters shall be
            governed by the applicable law in the Comoros, unless otherwise provided for in the
            Fisheries Partnership Agreement, this Protocol and the Annex and appendices hereto.
   2.       The Comorian authorities shall inform the European Commission of any change or
            any new legislation relating to the fishing sector.
                                                Article 11
                                                Duration
   This Protocol and the annex hereto shall apply for a period of three years from the provisional
   application in accordance with Article 13, unless notice of termination is given in accordance
   with Article 12.
                                                Article 12
                                               Termination
   1.       In the event of termination of the Protocol, the Party concerned shall notify the other
            Party in writing of its intention to terminate it at least six months before the date on
            which such termination would take effect.
   2.       Dispatch of the notification as referred to in the previous paragraph shall open
            consultations between the Parties.
EN                                                  9                                                EN
 ---pagebreak---                                              Article 13
                                       Provisional application
   This Protocol with its Annex shall be provisionally applied from the date of signature.
                                             Article 14
                                          Entry into force
   This Protocol with its Annex shall enter into force on the date on which the Parties notify
   each other of the completion of the procedures necessary for that purpose.
EN                                               10                                            EN
 ---pagebreak---                                               ANNEX
      CONDITIONS FOR THE PURSUIT OF FISHING ACTIVITIES BY EUROPEAN
                         UNION VESSELS IN COMORIAN WATERS
       CHAPTER 1 - APPLICATION AND ISSUE FORMALITIES FOR FISHING AUTHORISATIONS
                                              Section 1
                                  Issue of fishing authorisations
   1.     Only eligible European Union vessels may obtain an authorisation to fish in
          Comorian waters.
   2.     For a vessel to be eligible, neither the owner, the master nor the vessel itself must be
          prohibited from fishing in the Comoros. They must be in order vis-à-vis the
          Comorian authorities insofar as they must have fulfilled all prior obligations arising
          from their fishing activities in the Comoros under fisheries agreements concluded
          with the European Union. Furthermore, they must comply with the provisions of
          Regulation No 1006/2008 on fishing authorisations.
   3.     Any European Union vessel applying for a fishing authorisation must be represented
          by an agent resident in the Comoros. The name and address of that agent shall be
          stated in the fishing authorisation application.
   4.     The relevant European Union authorities shall present to the competent Comorian
          authorities an application for each vessel wishing to fish under the Agreement at least
          20 days before the date of commencement of the period of validity requested.
   5.     Applications shall be submitted to the competent Comorian authorities on a form
          drawn up in accordance with the specimen in Appendix 1.
   6.     All fishing authorisation applications shall be accompanied by the following
          documents:
          –      proof of payment of the fee for the period of validity of the authorisation;
          –      any other documents or certificates required under the specific rules applicable
                 to the type of vessel concerned pursuant to this Protocol.
   7.     The fee shall be paid into the account specified by the Comorian authorities.
   8.     The fees shall include all national and local charges with the exception of port taxes
          and service charges.
   9.     Fishing authorisations for all vessels shall be issued to shipowners or their agents via
          the Delegation of the European Union in Mauritius within 15 days of receipt of all
          the documents referred to in point 6 by the competent Comorian authorities.
   10.    If a fishing authorisation is signed at a time when the European Union Delegation
          offices are closed, it shall be sent directly to the vessel's agent and a copy shall be
          sent to the Delegation.
EN                                               11                                                EN
 ---pagebreak---    11. Fishing authorisations shall be issued for a given vessel and shall not be transferable.
   12. However, at the request of the European Union and where force majeure is proven, a
       vessel’s fishing authorisation shall be replaced by a new fishing authorisation for
       another vessel with similar characteristics to those of the first vessel, with no further
       fee due.
   13. The owner of the first vessel, or the agent, shall return the cancelled fishing
       authorisation to the competent Comorian authorities via the Delegation of the
       European Union.
   14. The new fishing authorisation shall take effect on the day that the vessel's owner
       returns the cancelled fishing authorisation to the competent Comorian authorities.
       The Delegation of the European Union in Mauritius shall be informed of the transfer
       of the fishing authorisation.
   15. The fishing authorisation must be kept on board at all times, without prejudice to
       point 1 of Chapter VI of this Annex.
                                          Section 2
             Fishing authorisation conditions – fees and advance payments
   1.  Fishing authorisations shall be valid for a period of one year. They shall be
       renewable.
   2.  The fee shall be set at EUR 35 per tonne caught within Comorian waters.
   3.  Fishing authorisations shall be issued once the following standard amounts have been
       paid to the competent national authorities:
       –      EUR 3 700 per year per tuna seiner, equivalent to the fees due for 106 tonnes
              of tuna caught per year;
       –      EUR 2 200 per year per surface longliner, equivalent to the fees due for 63
              tonnes of tuna caught per year.
   4.  The final statement of the fees due for the fishing year shall be drawn up by the
       European Commission by 31 July of the following year at the latest on the basis of
       the catch declarations made by each shipowner and confirmed by the scientific
       institutes responsible for verifying catch data in the Member States, such as the IRD
       (Institut de Recherche pour le Développement), the IEO (Instituto Español de
       Oceanografía) and the IPIMAR (Instituto de Investigação das Pescas e do Mar).
   5.  The statement shall simultaneously be notified to the competent Comorian
       authorities and the shipowners.
   6.  Any additional payments shall be made by the shipowners to the competent
       Comorian authorities by 30 August of the following year at the latest, into the
       account referred to in point 7 of Section 1 of this Chapter.
EN                                            12                                                 EN
 ---pagebreak---    7.       However, if the amount of the final statement is lower than the advance referred to in
            point 3 of this Section, the resulting balance shall not be reimbursable to the
            shipowner.
                                                    Section 3
                                                 Support vessels
   1.       Support vessels must be authorised in compliance with the provisions and conditions
            provided for in Comorian legislation.
   2.       There must be no fee for authorisations issued to support vessels. The latter must fly
            the flag of a Member State of the European Union or be part of a European company.
   3.       The competent Comorian authorities shall send the list of these authorisations to the
            Commission on a regular basis, via the Delegation of the EU in Mauritius.
                                     CHAPTER II – FISHING ZONES
   To avoid adverse effects on small-scale fisheries in Comorian waters, European Union vessels
   shall not be allowed to fish within 10 nautical miles of any of the islands nor within a radius
   of three nautical miles of fish aggregating devices placed by the Comorian Ministry
   responsible for fisheries, the positions of which have been communicated to the representative
   of the European Union in Mauritius.
   These provisions may be reviewed by the Joint Committee referred to in Article 9 of the
   Agreement.
                          CHAPTER III – MONITORING AND SURVEILLANCE
                                                Section I
                                     System for recording catches
   1.       All vessels authorised to fish in Comorian waters under the Agreement shall be
            obliged to communicate their catches to the Comorian Ministry responsible for
            fisheries in the following manner:
   1.1.     European vessels authorised to fish in Comorian waters must fill out an IOTC
            logbook on a daily basis for tuna fishing (Appendices 2 and 3) for each trip in
            Comorian waters. The logbook must still be filled in if there are no catches.
   1.2      Copies of the IOTC logbook for tuna fishing must also be sent to the scientific
            institutes indicated in Chapter I, Section 2, point 4.
   2.       The words 'Outside Comorian EEZ' shall be entered in the abovementioned logbook
            in respect of periods during which the vessel is not in Comorian waters.
   3.       The forms shall be filled in legibly and signed by the master of the vessel.
   4.       Where the provisions set out in this Chapter are not complied with, the Comorian
            Government reserves the right to suspend the fishing authorisation of the offending
EN                                                 13                                              EN
 ---pagebreak---       vessel until formalities have been completed and to apply the penalty laid down in
      current Comorian legislation to the shipowner. The European Commission shall be
      informed thereof.
   5. Declarations shall include the catches made by the vessel during each trip. They shall
      be transmitted to the Comorian Ministry responsible for fisheries by electronic
      means, with a copy to the European Commission, at the end of each trip and, in all
      cases, before the vessel leaves Comorian waters. Electronic receipts shall be sent at
      once to the vessel by both addressees, with a copy to the other.
   6. The original of the declarations sent electronically during the annual period of
      validity of the licence within the meaning of point 1 of Section 2 of Chapter I of this
      Annex shall be transmitted on a physical medium to the Comorian Ministry
      responsible for fisheries within 45 days following the end of the last trip made during
      the said period. Hard copies shall be sent to the European Commission at the same
      time.
   7. The two Parties must make every effort to establish a system for reporting catches
      based exclusively on the electronic exchange of all the data: the two Parties shall
      thus plan the rapid replacement of the paper version of the catch reporting with an
      electronic version.
   8. Once the electronic catch reporting system has been set up and in the event of a
      technical fault in this system, the catch reports shall be done in accordance with
      paragraphs 5 and 6 above until the system is working again.
                                          Section 2
             Reporting of catches: entering and leaving Comorian waters
   1. For the purposes of this Annex, the duration of a trip by a European Union vessel
      shall be defined as follows:
      –      either the period elapsing between entering and leaving Comorian waters;
      –      or the period elapsing between entering Comorian waters and a transhipment;
      –      or the period elapsing between entering Comorian waters and a landing in the
             Comoros.
   2. European vessels shall notify the Comorian authorities responsible for fisheries
      inspection at least three hours in advance of their intention to enter or leave
      Comorian waters.
   3. When notifying entering/leaving, vessels shall also communicate their position and
      the volume and species in catches kept on board. This information should preferably
      be communicated using electronic means in accordance with the model in Appendix
      4, or failing that, by fax with acknowledgments of receipt to the vessel. In the event
      of a technical fault, this information will be communicated by radio.
   4. Vessels found to be fishing without having informed the competent Comorian
      authorities shall be regarded as vessels without a fishing authorisation.
EN                                           14                                               EN
 ---pagebreak---    5.      Vessels shall also be informed of the email address, fax and telephone numbers and
           radio coordinates when the fishing authorisation is issued.
                                                   Section 3
                                        Transhipment and landings
   1.      All European vessels wishing to tranship or land catches in Comorian waters shall do
           so within Comorian ports.
   1.1     The owners of such vessels must notify the following information to the competent
           Comorian authorities at least 24 hours in advance:
                 –     the names of the transhipping or landing fishing vessels,
                 –     the names of the cargo vessels;
                 –     the tonnage by species to be transhipped or landed;
                 –     the day of transhipment or landing;
                 –     the beneficiary of the catches landed.
   2.      Transhipment and landing shall be considered as an exit from Comorian waters.
           Vessels must therefore submit their catch declarations to the competent Comorian
           authorities and state whether they intend to continue fishing or leave Comorian
           waters.
   3.      Any transhipment or landing of catches not covered above shall be prohibited in
           Comorian waters. Any person infringing this provision shall be liable to the penalties
           provided for by Comorian law.
                                              Section 4
                                        Satellite monitoring
   European vessels must be monitored, inter alia, by the satellite-based monitoring system,
   without discrimination, in accordance with the following provisions.
   1.      For the purposes of satellite monitoring, the geographic positions of the limits of the
           Comorian fishing zone have been communicated to the representatives or agents of
           the shipowners as well as to the Control Centres of the flag States.
   2.      The Parties shall exchange information on https addresses and the specifications for
           electronic data transmission between their Control Centres in accordance with points
           4 to 6. Such information shall include the following where they exist: names,
           telephone, telex and fax numbers, and e-mail addresses which may be used for
           general communications between Control Centres.
   3.      The position of vessels shall be determined with a margin of error of less than 500
           metres and a confidence interval of 99%.
   4.      When a vessel which is fishing under the Agreement between the European Union
           and the Comoros and which is the subject of satellite-based monitoring pursuant to
           European Union legislation enters the Comorian fishing zone, the subsequent
EN                                                15                                               EN
 ---pagebreak---         position reports shall immediately be transmitted by the Control Centre of the flag
        State to the Comorian Fisheries Monitoring Centre (CNCSP) at intervals of no more
        than two hours. The messages concerned shall be identified as position reports.
   4.1. The transmissions may be changed to intervals of no more than 30 minutes
        maximum if there is serious evidence that the vessel is in breach of the rules;
   4.2  This evidence must be submitted by the CNCSP to the Control Centre of the flag
        State as well as to the European Commission. The request to change the intervals for
        the transmissions must be attached. The Control Centre of the flag State should then
        send the data to the CNCSP of the Comoros, in real time, immediately after having
        received the request;
   4.3  The CNCSP of the Comoros shall then immediately notify the Control Centre of the
        flag State and the European Commission of the end of the inspection procedure;
   4.4  The Control Centre of the flag State and the European Commission must be informed
        about the follow-up to any inspection procedure which is based on this special
        request.
   5.   The messages specified in point 4 shall be transmitted electronically in https format,
        without any further protocol. They shall be communicated in real time in the format
        set out in the table in Appendix 4.
   5.1  It is prohibited for vessels to turn off the satellite-monitoring equipment when they
        are operating in Comorian waters.
   6.   Where the continuous satellite monitoring equipment installed on board a fishing
        vessel develops a technical fault or breaks down, the master of the vessel shall
        transmit the information specified in point 4 to the Control Centre of the flag State in
        good time. In such circumstances, it will be necessary to send a position report every
        four hours while the vessel is in Comorian waters.
   6.1  This Global Position Report shall include the hourly positions as recorded by the
        master of that vessel during those four hours.
   6.2  The Control Centre of the flag State or the vessel itself must forward these messages
        to the CNCSP of the Comoros without delay.
   6.3  In case of need or doubt, the competent Comorian authorities may request additional
        information from the Control Centre of the flag State about a particular vessel.
   7.   The defective equipment shall be repaired or replaced as soon as the vessel
        completes its fishing trip and, in any case, within one month at the latest. After this
        deadline, the vessel in question may not undertake any further fishing trips until the
        equipment has been repaired or replaced.
   8.   The satellite-monitoring system software and hardware components shall be tamper-
        proof i.e. they must not permit the input or output of false positions or be capable of
        being manipulated. The system shall be fully automatic and operational at all times
        regardless of environmental conditions. Destroying, damaging, rendering inoperative
        or tampering with the satellite-monitoring system shall be prohibited.
EN                                             16                                                EN
 ---pagebreak---    8.1 The master of the vessel must ensure in particular that:
       –      data are not altered in any way;
       –      the antenna or antennas connected to the satellite-monitoring equipment are not
              obstructed in any way;
       –      the power supply of the satellite-monitoring equipment is not interrupted in any
              way;
       –      the vessel tracking device is not removed from the vessel or from the place
              where it was originally installed;
       –      any replacement of the vessel tracking device shall be immediately notified to
              the competent Comorian authorities.
   8.2 Any violation of the abovementioned obligations may make the master liable under
       the laws and regulations of the Comoros, provided that the vessel is operating in
       Comorian waters.
   9.  The Control Centres of the flag States shall monitor the movements of their vessels
       in Comorian waters. If the vessels are not being monitored in accordance with the
       conditions laid down, the CNCSP shall be informed immediately and the procedure
       laid down in point 6 shall be applicable.
   10. The Control Centres of the flag States and the CNCSP of the Comoros must
       cooperate to ensure the implementation of these provisions. If the CNCSP establishes
       that a flag State is not transmitting the data in accordance with point 4, the other
       Party must be informed immediately. Upon receipt of notification, the latter must
       respond within 24 hours by informing the CNCSP of the reasons for non-
       transmission and stating a reasonable deadline for complying with these provisions.
       In the event that these provisions are not complied with within the time limit, the two
       Parties will resolve the dispute in writing or as provided for in point 14 below.
   11. The monitoring data communicated to the other Party in accordance with these
       provisions is intended solely for the purposes of the Comorian authorities in
       controlling and monitoring the European Union fleet fishing under the Agreement
       between the EU/Comoros. Such data may not under any circumstances be
       communicated to third parties.
   12. The Parties agree to exchange upon request information on the equipment used for
       satellite monitoring, in order to ensure that each piece of equipment is fully
       compatible with the requirements of the other Party for the purposes of these
       provisions.
   13. The Parties shall agree to review these provisions when appropriate, in particular in
       the event of a malfunction or anomaly relating to the vessels. These cases should be
       notified by the competent Comorian authority to the flag state at least 15 days before
       the review meeting.
   14. Any dispute over the interpretation or application of these provisions shall be the
       subject of consultation between the Parties within the Joint Committee provided for
       in Article 9 of the Agreement between the European Union and the Comoros.
EN                                            17                                               EN
 ---pagebreak---                            CHAPTER IV – EMBARKING SEAMEN
   1.  Each European Union vessel shall take on board, at its own expense, at least one
       qualified Comorian seaman during a season in Comorian waters.
   2.  Shipowners shall endeavour to take on board additional ACP seamen.
   3.  Shipowners shall be free to select the seamen they take on board their vessels from
       the names on a list submitted by the competent Comorian authorities.
   4.  The shipowner or agent shall inform the competent Comorian authorities of the
       names of the local seamen taken on board the vessel concerned, mentioning their
       position in the crew.
   5.  The International Labour Organisation (ILO) Declaration on Fundamental Principles
       and Rights at Work shall apply as of right to seamen signed on by EU vessels. This
       concerns in particular the freedom of association and the effective recognition of the
       right to collective bargaining, and the elimination of discrimination in respect of
       employment and occupation.
   6.  Seamen’s employment contracts, a copy of which shall be given to the signatories,
       shall be drawn up between the shipowners’ agent(s) and the seamen and/or their
       trade unions or representatives in consultation with the competent Comorian
       authorities. These contracts shall guarantee the seamen the social security cover
       applicable to them, including life assurance and sickness and accident insurance.
   7.  The wages of the ACP seamen shall be paid by the shipowners. They shall be fixed
       by mutual agreement between the shipowners or their representatives and the seamen
       and/or their trade unions or representatives. However, the wage conditions granted to
       ACP seamen shall not be lower than those applied to crews from their respective
       countries and shall under no circumstances be below ILO standards.
   8.  All seamen employed aboard European Union vessels shall report to the master of
       the vessel designated on the day before their proposed embarkation date. Where a
       seaman fails to report at the date and time agreed for embarkation, shipowners shall
       be automatically absolved of their obligation to take that seaman on board.
   9.  Where no local seamen are taken on board for reasons other than that referred to in
       the previous point, shipowners shall be obliged to pay, for each day of the fishing trip
       in Comorian waters, a flat-rate amount of EUR 20 per day and per vessel. The
       payment of this amount shall take place within the limits laid down in point 6 of
       Section 2 of Chapter I of this Annex.
   10. This sum shall be used for training local seamen and shall be paid into the account
       specified by the Comorian authorities.
                                CHAPTER V – OBSERVERS
   1.  Vessels authorised to fish in Comorian waters under the Agreement shall take on
       board observers appointed by the Comorian authorities on the terms set out below.
EN                                           18                                                 EN
 ---pagebreak---    1.1 At the request of the Comorian Ministry responsible for fisheries, tuna vessels shall
       take on board an observer designated by the former to check catches made in
       Comorian waters.
   1.2 The competent Comorian authorities shall draw up a list of vessels designated to take
       an observer on board and a list of the appointed observers. These lists shall be kept
       up to date. They shall be forwarded to the European Commission as soon as they
       have been drawn up and every three months thereafter where they have been
       updated.
   1.3 The competent Comorian authorities shall inform the shipowners concerned, or their
       agents, of the name of the observer appointed to be taken on board their vessel at the
       time the licence is issued, or no later than 15 days before the observer's planned
       embarkation date.
   2.  The time spent on board by observers shall be one fishing trip. However, at the
       express request of the competent Comorian authorities, this embarkation may be
       spread over several trips according to the average duration of trip for a particular
       vessel. This request shall be made by the competent Comorian authorities when the
       name of the observer appointed to board the vessel in question is notified.
   3.  The conditions under which observers are taken on board shall be agreed between
       shipowners or their agents and the Comorian authorities.
   4.  Observers shall be taken on board at a port chosen by the shipowner at the beginning
       of the first voyage in Comorian waters after notification of the list of designated
       vessels.
   5.  Within two weeks and giving ten days' notice, the shipowners concerned shall make
       known at which Comorian ports and on what dates they intend to take observers on
       board.
   6.  Where observers are taken on board in a foreign country, their travel costs shall be
       borne by the shipowner. Should a vessel with a Comorian observer on board leave
       Comorian waters, all measures must be taken to ensure the observer's return to the
       Comoros as soon as possible at the expense of the shipowner.
   7.  If the observer is not present at the time and place agreed or within the twelve hours
       following the time agreed, shipowners shall be automatically absolved of their
       obligation to take the observer on board.
   8.  Observers shall be treated as officers. They shall carry out the following tasks:
   8.1 observe the fishing activities of the vessels;
   8.2 verify the position of vessels engaged in fishing operations;
   8.3 note the fishing gear used;
   8.4 verify the catch data for Comorian waters recorded in the logbook;
EN                                            19                                              EN
 ---pagebreak---    8.5      verify the percentages of by-catches and estimate the quantity of discards of species
            of marketable fin-fish, crustaceans and cephalopods;
   8.6      report fishing data by radio, including the quantity of catches and by-catches on
            board.
   9.       Masters shall do everything in their power to ensure the physical safety and welfare
            of observers during performance of their duties.
   10       Observers shall be offered every facility needed to carry out their duties. The master
            shall give them access to the means of communication needed for the discharge of
            their duties, to documents directly concerned with the vessel's fishing activities,
            including in particular the logbook and the navigation log, and to those parts of the
            vessel necessary to facilitate the exercise of their tasks.
   11.      While on board, observers shall:
   11.1     take all appropriate steps to ensure that the conditions of their boarding and presence
            on the vessel neither interrupt nor hamper fishing operations;
   11.2     respect the material and equipment on board and the confidentiality of all documents
            belonging to the vessel.
   12.      At the end of the observation period and before leaving the vessel, observers shall
            draw up an activity report to be transmitted to the competent Comorian authorities,
            with a copy to the European Commission. They shall sign it in the presence of the
            master, who may add or cause to be added to it any observations considered relevant,
            followed by the master's signature. A copy of the report shall be given to the master
            when the observer is put ashore.
   13.      Shipowners shall bear the cost of accommodating observers in the same conditions
            as the officers on the vessel, within the confines of the structure of the vessel.
   14.      The salary and social contributions of the observer shall be borne by the competent
            Comorian authorities.
                                     CHAPTER VI – MONITORING
   European fishing vessels shall comply with the measures and recommendations adopted by
   the Indian Ocean Tuna Commission (IOTC) regarding fishing gear and the technical
   specifications thereof and all other technical measures applicable to their fishing activities.
   1.       List of vessels
   1.1      The European Union shall keep an up-to-date list of the vessels to which a fishing
            authorisation has been issued under this Protocol. This list shall be notified to the
            Comorian authorities responsible for fisheries inspection as soon as it is drawn up
            and each time it is updated.
   1.2      European Union vessels may be included on the list referred to in the previous point
            upon receipt of notification of the advance payment referred to in point 3 of Section
            2 of Chapter I of this Annex. In this case, a certified copy of this list may be obtained
EN                                                 20                                                 EN
 ---pagebreak---         by the shipowner and kept on board instead of the fishing authorisation until the
        authorisation has been issued.
   2.   Monitoring procedures
   2.1  Masters of European Union fishing vessels engaged in fishing activities in Comorian
        waters shall allow and facilitate boarding and the discharge of their duties by any
        Comorian official responsible for the inspection and monitoring of fishing activities.
   2.2. These officials shall not remain on board for longer than is necessary for the
        discharge of their duties.
   2.3. Once the inspection and monitoring has been completed, a copy of the inspection
        report shall be provided to the master of the vessel.
   2.4. In order to facilitate safe inspection procedures and without prejudicing Comorian
        legislation, the boarding must be carried out in such a way that the inspection
        platforms and the inspectors are identified as officers authorised by the Comoros.
   2.5  Masters of European fishing vessels engaged in landing or transhipment operations
        in a Comorian port shall allow and facilitate the inspection of such operations by
        Comorian inspectors.
                                    CHAPTER VII - BOARDING
   1.   Boarding
   1.1  The competent Comorian authorities shall inform the European Commission and the
        flag State, within no more than 24 working hours, of all boardings of and penalties
        imposed on European vessels in Comorian waters.
   1.2  The European Commission shall at the same time receive a brief report of the
        circumstances and reasons leading to the boarding.
   2.   Statement of boarding
   2.1  After the competent Comorian authorities have drawn up a statement, the master of
        the vessel shall sign it.
   2.2  This signature shall not prejudice the rights of the master or any defence which he or
        she may make to the alleged infringement.
   2.3  The master shall take the vessel to the port indicated by the Comorian authorities. In
        the case of minor infringements, the competent Comorian authorities may authorise
        the boarded vessel to continue its fishing activities.
   3.   Consultation meeting in the event of boarding
   3.1  Before any measures regarding the master or the crew of the vessel or any action
        regarding the cargo and equipment of the vessel are considered, other than those to
        safeguard evidence relating to the presumed infringement, a consultation meeting
        shall be held, within one working day of the receipt of the above information,
EN                                             21                                              EN
 ---pagebreak---        between the European Commission and the competent Comorian authorities,
       possibly attended by a representative of the Member State concerned.
   3.2 At the meeting, the Parties shall exchange any relevant documentation or information
       helping to clarify the circumstances of the established facts. The shipowner or his or
       her representative shall be informed of the outcome of the meeting and of any
       measures resulting from the boarding.
   4.  Settlement of boarding
   4.1 Before any judicial procedure, an attempt shall be made to resolve the presumed
       infringement by means of an amicable settlement. This procedure shall end no later
       than three working days after the boarding.
   4.2 In the event of an amicable settlement, the amount of the fine shall be determined in
       accordance with Comorian legislation. This amount should be recorded, signed and
       sent to the European Commission as well as to the flag state.
   4.3 If the case cannot be settled by amicable procedure and has to be brought before a
       competent judicial body, a bank security set to take account of the boarding costs and
       the fines and compensation payable by the parties responsible for the infringement
       shall be lodged by the shipowner with a bank specified by the competent Comorian
       authorities.
   4.4 The bank security shall be irrevocable until the legal proceedings have been
       concluded. It shall be released once legal proceedings end without a conviction.
       Similarly, in the event of a conviction leading to a fine of less than the security
       lodged, the balance shall be released by the competent Comorian authorities.
   4.5 The vessel shall be released and its crew authorised to leave the port:
       –     once the obligations arising under the amicable settlement have been fulfilled,
             or
       –     when the bank security referred to in point 4.3 has been lodged and accepted
             by the competent Comorian authorities, pending completion of the legal
             proceedings.
EN                                           22                                               EN
 ---pagebreak---    Appendices
   1.     Application form for a fishing authorisation
   2.     Seiners logbook
   3.     Longliners logbook
   4.     Declaration form for entering and leaving the zone
   5.     Communication of VMS messages to the Comoros – Position report.
EN                                             23                         EN
 ---pagebreak---                                                                   Appendix 1
      FISHING AUTHORISATION APPLICATION FORM FOR A FOREIGN FISHING
                                                                   VESSEL
   Name of applicant: ....................................................................................................................
   …………………………………………………………………………………………...........
   Address of applicant:.................................................................................................................
   …………………………………………………………………………………………...........
   Name and address of charterer of vessel if different from above: ............................................
   …………………………………………………………………………………………...........
   Name and address of representative (agent) in the Comoros:...................................................
   …………………………………………………………………………………………...........
   Name of vessel: .........................................................................................................................
   …………………………………………………………………………………………...........
   Type of vessel: ..........................................................................................................................
   …………………………………………………………………………………………...........
   Country of registration: .............................................................................................................
   …………………………………………………………………………………………...........
   Port and registration number:....................................................................................................
   …………………………………………………………………………………………...........
   Fishing vessel external identification:.......................................................................................
   …………………………………………………………………………………………...........
   Radio call sign and frequency: ..................................................................................................
   …………………………………………………………………………………………...........
   Length of vessel: .......................................................................................................................
   …………………………………………………………………………………………...........
   Width of vessel:.........................................................................................................................
   …………………………………………………………………………………………...........
   Engine type and horse power: ...................................................................................................
   …………………………………………………………………………………………...........
   Gross registered tonnage of vessel:...........................................................................................
   …………………………………………………………………………………………...........
   Net registered tonnage of vessel: ..............................................................................................
   …………………………………………………………………………………………...........
   Minimum crew: .........................................................................................................................
   …………………………………………………………………………………………...........
   Type of fishing: .........................................................................................................................
   …………………………………………………………………………………………...........
   Proposed catch species:.............................................................................................................
   …………………………………………………………………………………………...........
   Period of validity requested: .....................................................................................................
   …………………………………………………………………………………………...........
   I, the undersigned, declare that the above particulars are correct.
   Date ......................................................... Signature..................................................................
EN                                                                    24                                                                      EN
 ---pagebreak---   Appendix 2. MODEL FISHING FORM FOR TUNA SEINERS
  DEPART / SALIDA / DEPARTURE                                         ARRIVEE / LLEGADA / ARRIVAL                               NAVIRE / BARCO / VESSEL        PATRON / PATRON / MASTER                         FEUILLE
  PORT / PUERTO / PORT                                 PORT / PUERTO / PORT                                                                                                                                  HOJA / SHEET N°
  DATE / FECHA / DATE                                  DATE / FECHA / DATE
  HEURE / HORA / HOUR                                  HEURE / HORA / HOUR
  LOCH / CORREDERA / LOCH                              LOCH / CORREDERA / LOCH
               POSITION (chaque calée ou CALEE                                      CAPTURE ESTIMEE                                                ASSOCIATION              COMMENTAIRES                            COURANT
    DATE       midi)                                                                                                                               ASSOCIACION                                                    CORRIENTE
                                         LANCE                                ESTIMACION DE LA CAPTURA                                                                     OBSERVATIONES
                                          SET                                       ESTIMATED CATCH                                                ASSOCIATION                COMMENTS                              CURRENT
   FECHA
               POSICION (cada lance o
               mediadia)                                                                                                                                          Route/Recherche, problèmes divers,
   DATE                                              1          2              3              AUTRE            ESPECE REJETS préciser le/les                        type d'épave (naturelle/artificielle,
                                                                                              préciser le/les nom(s)     nom(s)                                  balisée, bateau), prise accessoire, taille
               POSITION   (each  set  or       ALBACORE         LISTAO         PATUDO                                                                                du banc, autres associations, …
               midday)                                                                                                                                           Ruta/Busca, problemas varios, tipo de
                                                                                              OTRA ESPECIE          dar DESCARTES dar el/los                       objeto (natural/artificial, con baliza,
                                                   RABIL        LISTADO        PATUDO         el/los nombre(s)           nombre(s)                                 barco), captura accesoria, talla del
                                                                                                                                                                      banco, otras asociaciones, …
                                               YELLOWFIN        SKIPJACK       BIGEYE                                                                               Steaming/Searching, miscellaneous
                                                                                              OTHER SPECIES give DISCARDS                   give
                                                                                                                                                                     problems, log type (natural/artificial,
                                                                                              name(s)                    name(s)                                   with radio beacon, vessel), by catch,
                                                                                                                                                                      school size, other associations, …
                                               Taille Capture Taille Capture Taille Capture Nom         Taille  Capture Nom      Taille  Capture
                                               Talla Captura Talla Captura Talla    Captura Nombre Talla        Captura Nombre Talla     Captura
                                               Size Catch      Size Catch    Size    Catch Name         Size     Catch Name      Size     Catch
                                                                            Une calée par ligne / Uno lance cada línea / One set by line
  SIGNATURE
  DATE
EN                                                                                                      25                                                                                                                   EN
 ---pagebreak---                                                                                                         Appendix 3. MODEL FISHING FORM FOR TUNA LONGLINERS
                                        Gear configuration / configuration de l'engin
  Branc h line length / Longueur
  des avancons (m)
  Float lin e length / longueur des                                                                                                                                                T ype of weight / type de poids
  ralingues de flotteurs (m)
  Length between branch lines /                                                                                                                                                    +     whole / entier
  longueur entre les avancons                                                                                                                                                      +     proc es sed / trans formé
                                    For each haul, the catches must be indicated in number and weight (kg) respectively in the upper and lower rows
                 Dat e                          P osit ion                                                                                                           T unas / tho ns                                                                         B il lf ishes / Po rt es-ˇpˇe                                                               S ha rks / requin s
                                   L a tit ud e           L o n git u de                                                         s o ut h er n b lue f in / a lba c or e / b ig e ye / ye llow fin / s kip ja c k / S wo r df ish / S tr ip pe d m a r lin /  b lue mar lin /   b la ck ma r lin   Sa ilfis h /     Sh or t bill        Blu e s ha r k /  P or b ea g le /  M ak o / O th er /
                                                                                                                                      th o n r ou g e         ge r m on     pa tu d o   a lba c or e    list ao      e sp a do n        m a r lin r ay ˇ       m ar lin b le u   / m ar lin n oi r  vo ilier      s pe a rf ish /       Pea u b le ue    r e qu in t au p e p e tite a u tr es
                              D e gr e e /      NS     De g re e /      EW
                                                                                                                                                                                                                                                                                                                m ar lin      ro st r e                                     t au p e
                              D eg r ˇs ą             D eg r ˇ s ą
                                                                                                                                                                                                                                                                                                                       c ou r t
                                              N   S                   E  W
                                              N   S                    E W
                                              N   S                   E  W
                                              N   S                    E W
               f or d at es , us e t he Y Y Y Y / M M / DD f orm a t / po ur le s da te s, ut il ise r l e f orm at A A A A / M M / JJ
             ą f or po si ti on s, u se t he fo rm a t: / p ou r l es p osi t ion s, ut il ise r le f o rm at Ź : X X X X '
             ** f o r S S T , us e a va lu e wi th o ne de cim a l p oin t / po ur l a S S T , u t ili ser u ne v al eu r     un e dˇc im a le
EN                                                                                                                                                                                          26                                                                                                                                                                                                 EN
 ---pagebreak---                                                                                                                Appendix 4
                   Model table for monitoring the activity of Community fishing vessels in Comorian waters
  Flag state Name of   Sign of      Year     Category    Authorisa Entry in  Exit out  Fishin  Catches   VMS Remarks
              vessel    vessel                (seiner,      tion    zone      of zone  g days
                                            longliner)                                 (VMS)
EN                                                             27                                                       EN
 ---pagebreak---                                                                                            Appendix 5
                COMMUNICATION OF VMS MESSAGES TO THE COMOROS
                                          POSITION REPORT
   Data Element                Code Mandatory/ Comments
                                       Optional
   Start record                  SR        O       System detail – indicates start of record
   Recipient                    AD         O       Message detail – addressee. Alpha 3 ISO country code
   From                          FS        O       Message detail – sender. Alpha 3 ISO country code
   Type of message              TM         O       Message detail - Message type 'POS'
   Radio call sign               RC        O       Vessel detail – international radio call sign of vessel
   Contracting Party             IR         F      Vessel detail - Unique contracting Party number (flag
   internal reference                              State ISO-3 code followed by number)
   number
   External registration         XR         F      Vessel detail – number marked on side of vessel
   number
   Flag State                    FS         F      Flag state detail
   Latitude                      LA        O       Vessel position detail – position in degrees and minutes
                                                   N/S DDMM (WGS-84)
   Longitude                     LO        O       Vessel position detail – position in degrees and minutes
                                                   E/W DDMM (WGS-84)
   Date                         DA         O       Vessel position detail – date of record of UTC position
                                                   (YYYYMMDD)
   Time                          TI        O       Vessel position detail – time of record of UTC position
                                                   (HHMM)
   End record                    ER        O       System detail - indicates end of record
   Character set: ISO 8859.1
   Each data transmission is structured as follows:
   –         a double slash (//) and the code 'SR' indicate the start of the message;
   –         a double slash (//) and a code indicate the start of a data element;
   –         a single slash (/) separates the code and the data;
   –         pairs of data are separated by a space;
   –         the code 'ER' and a double slash (//) at the end indicate the end of a record.
   –         Optional data elements have to be inserted between the start and end of the record.
EN                                                  28                                                    EN
 ---pagebreak---                            LEGISLATIVE FINANCIAL STATEMENT
   1.       TITLE OF THE PROPOSAL:
   Proposal for a Council decision on the conclusion of a new Protocol setting out the fishing
   opportunities and financial contribution provided for in the Fisheries Partnership Agreement
   between the European Community and the Union of the Comoros.
   2.       ABM/ABB FRAMEWORK (ACTIVITY-BASED MANAGEMENT/ESTABLISHMENT OF
            THE BUDGET)
   11. Maritime Affairs and Fisheries
   1103. International fisheries and law of the sea
   3.       BUDGET LINES
   3.1.     Budget lines:
            110301: International fisheries agreements
            11010404: International fisheries agreements — Expenditure on administrative
            management
   3.2.     Duration of the action and of the financial impact:
            The Protocol to the Fisheries Agreement between the European Community and the
            Union of the Comoros expires on 31 December 2010. The new Protocol is concluded
            for a duration of three years from the entry into force of the Council decision on the
            provisional application of the said Protocol and after expiry of the current Protocol
            on 31 December 2010.
            The Protocol lays down the financial contribution, the fishing categories and the
            conditions for fishing by EU vessels in the Comorian fishing zones.
   4.       SUMMARY OF RESOURCES
   4.1.     Financial resources
   4.1.1.   Summary of commitment appropriations (CA) and payment appropriations (PA)
                                                                      EUR million (to 5 decimal places)
EN                                                29                                                    EN
 ---pagebreak---   Type of                Section
                                                              2011          2012          2013          Total
  expenditure            No
  Commitment             8.1            a     See
  appropriations                              footnote
                                                             0,61525      0, 61525      0, 61525        1,84575
  (CA)                                        s8 and9.
  Payment                               b     See
  Appropriations                              footnote       0,61525      0, 61525      0, 61525        1,84575
  (PA)                                        s8 and9.
  Technical and          8.2.4          c                    0,01920       0,01920       0,05920        0,09760
  administrative
  assistance - ATA
  (NDA)
  Commitment                            a+ See
  appropriations                        c     footnote       0,63445       0,63445       0,67450        1,94335
                                              s8 and9.
  Payment                               b+ See
  appropriations                        c     footnote       0,63445       0,63445       0,67450        1,94335
                                              s8 and9.
  Human resources        8.2.5          d                    0,06710      0, 06710       0,06710        0,20130
  and associated
  expenditure
  (NDA)
                                        e
  Administrative         8.2.6
  costs other than
  human resources
  and associated                                             0,02500       0,02500       0,02500        0,07500
  expenditure, not
  included in
  reference amount
     8
            The financial contribution comprises: a) an annual amount for access to the EEZ of the Comoros of
            EUR 315 250, equivalent to a reference tonnage of 4 850 tonnes per year, and b) a specific amount of
            EUR 300 000 per year for the support and implementation of the sectoral fisheries policy of the
            Comoros. If the overall quantity of catches by European Union vessels in Comorian waters exceeds
            4 850 tonnes per year, the total amount of the annual financial contribution shall be increased by EUR
            65 for each additional tonne caught. However, this amount may not exceed EUR 630 500 per year.
     9
            In accordance with the Protocol, the fishing opportunities may be adjusted by mutual agreement insofar
            as the recommendations and resolutions adopted by the IOTC confirm that this adjustment guarantees
            the sustainable management of the Comorian fisheries resources. However, the financial contribution
            may, however, only be increased subject to budgetary possibilities.
EN                                                        30                                                       EN
 ---pagebreak---   Total CA                               a+ See
  including cost of                      c+ footnote
                                                               0,72655 0,72655   0,76655         2,21965
  human resources                        d+ s8 and9.
                                         e
  Total PA                               b+ See
  including cost of                      c+ footnote
                                                               0,72655 0,72655   0,76655         2,21965
  human resources                        d+ s8 and9.
                                         e
     Part-financing details: no part-financing
                                                                            EUR million (to 5 decimal places)
  Part-financing
                                                                2011    2012      2013        Total
  body
                                 f
  TOTAL CA                                     See
                                               footnotes
               part- a + c + d + e + f         8               0,72655 0,72655   0,76655         2,21965
  with                                           and9
  financing
     4.1.2.   Compatibility with financial programming
              X     Proposal is compatible with existing financial programming.
                    Proposal will entail programming of the relevant heading in the financial
                    perspective.
                    Proposal may require application of the provisions of the Interinstitutional
                    Agreement10 (i.e. flexibility instrument or revision of the financial perspective).
     4.1.3.   Financial impact on revenue
              X     Proposal has no financial impact on revenue.
                    Proposal has financial impact – the effect on revenue is as follows:
              Note: All details and observations relating to the method of calculating the effect
              on revenue should be shown in a separate annex.
                                                                            EUR million (to 5 decimal places)
     10
            See points 19 and 24 of the Interinstitutional Agreement.
EN                                                          31                                                EN
 ---pagebreak---                                   Prior to
                                  action
   Budget     Revenue             [Year n-1]                         Budget Revenue
                                                          [Year n]
   line                                                              line
              (a) Revenue in absolute                                                (a) Revenue
              terms                                                                  in absolute
                                                                                     terms
              b) Change in revenue              ∆                                    b) Change in
                                                                                     revenue
          (Please specify each revenue budget line involved, adding the appropriate number
          of rows to the table if there is an effect on more than one budget line.)
   4.2.   Human Resources, FTE (including officials, temporary and external staff) – see
          details under point 8.2.1.
             Annual requirements             2011      2012        2013
             Total number of human           0,85      0,85        0,85
             resources
   5.     CHARACTERISTICS AND OBJECTIVES
   5.1.   Need to be met in the short or long term
          The current Protocol to the Fisheries Agreement between the European Community
          and the Union of the Comoros expires on 31 December 2010. The new Protocol
          should cover the period from 1 January 2011 to 31 December 2013, provided that the
          procedure relating to the adoption of the Council decision on the provisional
          application of the Protocol, launched in parallel to this procedure, is completed
          before the deadline of 31 December 2010.
          The main objective of the new Protocol is to strengthen cooperation between the EU
          and the Comoros with a view to promoting the development of a sustainable fisheries
          policy and the rational exploitation of fisheries resources in the Comorian fishing
          zone. The main elements of the new Protocol are:
          -      Fishing opportunities: with an annual reference tonnage of 4 850 tonnes,
                 45 tuna seiners and 25 longliners will be allocated as follows (based on the
                 method of allocating the fishing opportunities in the previous Protocol,
                 applications by the Member States and the historical rates of utilisation by
                 Member State and by category):
                 •     tuna seiners: France: 22, Spain: 22, Italy: 1
EN                                                32                                          EN
 ---pagebreak---                •      longliners: Spain: 12, Portugal: 5, France: 8
         -     Annual financial contribution: EUR 615 250
         -     Advances and fees payable by shipowners11: EUR 35 per tonne of tuna caught
               in the Comorian fishing zone. The annual advances are fixed at EUR 3 700 per
               tuna seiner and EUR 2 200 per longliner.
   5.2.  Added value of European Union involvement and coherence of the proposal
         with other financial instruments and possible synergy
         Regarding this new Protocol, if the EU does not act, private agreements will spring
         up which would not guarantee sustainable fisheries. The European Union also hopes
         that with this Protocol, the Comoros will continue to cooperate effectively with the
         EU in regional bodies such as the Indian Ocean Tuna Commission (IOTC), the South
         West Indian Ocean Fisheries Commission (SWIOFC) and the Southern Indian Ocean
         Fisheries Agreement (SIOFA) for the management of the high seas fishery resources
         in the south of the Indian Ocean. The funds of the Protocol will also enable the
         Comoros to consolidate and improve their active participation in the Regional Plan
         for Fisheries Surveillance in the south-west Indian Ocean, financed by DG MARE
         and implemented by the Indian Ocean Commission.
   5.3.  Objectives, expected results and related indicators of the proposal in the context
         of the ABM framework
         The negotiation and conclusion of fisheries agreements with third countries meets the
         general objective of maintaining and safeguarding the traditional fishing activities of
         the European Union fleet, including the distant-water fleet, and developing relations
         in a spirit of partnership with a view to strengthening the sustainable exploitation of
         fishery resources outside EU waters, taking account of environmental, social and
         economic concerns.
         The following indicators will be used in the context of the ABM for the purposes of
         monitoring implementation of the Agreement:
         •     monitoring the utilisation rate of the fishing opportunities;
         •     gathering and analysing data on catches and the commercial value of the
               Agreement;
         •     contribution to employment and to added value in the EU;
         •     contribution to stabilising the EU market;
         •     contribution to the general objectives of reducing poverty in the Comoros,
               including the contribution to employment, development of infrastructure and
               support for the State budget;
         •     number of technical meetings and meetings of the Joint Committee.
   5.4.  Method of implementation (indicative)
         X     Centralised management
   11
        Advances and fees payable by shipowners do not have an impact on the Community budget.
EN                                                 33                                            EN
 ---pagebreak---                 X      Directly by the Commission
   6.     MONITORING AND EVALUATION
   6.1.   Control system
          The Commission (DG MARE, in collaboration with the Delegation of the European
          Union to Mauritius, responsible for Mauritius, the Seychelles and the Comoros) will
          ensure regular monitoring of the implementation of this Protocol, particularly in
          terms of its use by operators and catch data.
   6.2.   Assessment
          A thorough evaluation was carried out on the Protocol for 2005-2010, ending in May
          2010, with the assistance of a consortium of independent consultants, with a view to
          the possible launch of negotiations on a new Protocol.
   6.2.1. Ex-ante evaluation
          The evaluation identified the following points of interest for the EU:
          -     By meeting the needs of the European fleets, the fisheries agreement with the
                Comoros could help support the viability of the EU tuna industry in the Indian
                Ocean.
          -     The Protocol is deemed to be capable of contributing to the viability of
                European industries by offering European Union vessels and the industries
                which depend on them a stable legal environment and medium-term visibility.
          As regards the interests of the Comoros in the context of the Protocol, the main
          conclusions of the evaluation were:
          –     the Fisheries Agreement can help strengthen institutional capacities in the
                fisheries sector, by improving research, and monitoring, control and
                surveillance activities, as well as training and the viability of the small-scale
                fishing sector;
          –     the Fisheries Agreement will also have a major impact on the country’s
                budgetary and political stability.
          In addition to the direct commercial value of the catches for the vessels involved, the
          agreement could yield the following manifest benefits:
          -     guaranteed jobs on board fishing vessels;
          -     multiplier effect on employment in ports, auction markets, processing factories,
                shipyards, service enterprises etc.;
          -     location of these jobs in regions where there are no other employment
                possibilities;
EN                                               34                                               EN
 ---pagebreak---            -      contribution to the supply of fish to the EU.
           - Added value of European Union involvement:
           The existence of a European Union agreement imposing a binding regulatory
           framework on both Parties guarantees the sound management of fish stocks, which is
           not always the case with private agreements.
           The Fisheries Agreement also creates jobs for seamen from the European Union and
           the third country. Moreover, the Fisheries Agreement guarantees a substantial share
           of resources to the sectoral fisheries policy in the Comoros. As a result of this
           Fisheries Agreement, monitoring, control and surveillance activities will also be
           strengthened.
           - Risks and alternative options:
           There is some risk in setting up a fisheries protocol, for example: the amounts
           intended to finance the sectoral fisheries policy might not be allocated as agreed
           (under-programming). To avoid these risks, extensive dialogue is planned on the
           programming and implementation of the sectoral policy.
   6.2.2.  Ex-ante estimate of the economic value of the Agreement and the EU's financial
           contribution
           The financial contribution under the Protocol totals EUR 615 250 per year for the
           period 2011-13. This amount is composed of a part relating to access rights to
           Comorian waters for EU vessels amounting to EUR 315 250 per year, equivalent to a
           reference tonnage of 4 850 tonnes per year, and of support for the development of the
           fishing sector amounting to EUR 300 000 per year.
           The financial contribution of the previous Protocol, amounting to EUR 390 000 per
           year, corresponded only to the equivalent of the fishing rights, without any support
           for the development of the sector. The addition of an additional budget for
           supporting the fishing sector has therefore resulted in a relatively significant increase
           in the total financial contribution of the new Protocol compared with the previous
           one.
           The addition of this budget can be justified because of the needs of the Union of the
           Comoros to implement a sustainable and responsible fishing policy in terms of
           management of stocks and good governance of the sector.
   6.2.3.  Measures taken following an intermediate/ex-post evaluation (lessons learned
           from similar experiences in the past)
           The evaluation report12 indicates that the Agreement makes a positive contribution
           towards the presence of tuna seiners, but has only a very minor impact on the
           presence of longliners. The contribution of the agreement to making the activities of
           the EU fleet safe has proved to be important for the tuna segment, even if catches can
           only be made for a few months of the year.
   12
          Ex-post evaluation of the 2005-2010 Protocol and ex-ante evaluation of the future Protocol.
EN                                                     35                                             EN
 ---pagebreak---           The new Agreement has taken these recommendations into account by confirming
          the issue of fishing authorisations to the tuna category alone.
          The financial contribution allocated to the implementation of initiatives taken in the
          context of the sectoral fisheries policy drawn up by the Government of the Comoros
          will be subject to a multiannual sectoral programme relating to this financial support.
          This programming will be carried out by means of a strong and permanent dialogue
          between the Parties.
   6.2.4. Terms and frequency of future evaluations
          Following on from the study finalised in May 2010 (see points 6.2.1 and 6.2.3), in
          order to ensure sustainable fishing in the region, an evaluation of the economic,
          social and environmental impact will be made each time a protocol is renewed in the
          future. The indicators listed in point 5.3 will be used to carry out an ex-post
          evaluation.
   7.     ANTI-FRAUD MEASURES
          The use to which the financial contribution paid by the EU under the Agreement is
          put is entirely at the discretion of the sovereign third country concerned.
          Nevertheless, the Commission undertakes to try and establish permanent political
          dialogue and cooperation with a view to improving the management of the
          Agreement and strengthening the EU’s contribution to the sustainable management
          of resources.
          In any case, any payment which the Commission makes under a Fisheries Agreement
          is subject to its 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.
EN                                                 36                                              EN
 ---pagebreak---         8.        DETAILS OF RESOURCES
        8.1.      Objectives of the proposal in terms of their financial cost
                                                                                                               Commitment appropriations in EUR million (to five decimal places)
                                                          2011                          2012                           2013                        TOTAL
                  Type of output              Number      of  Total cost   Number       of  Total     cost Number      of  Total cost   Number      of Total cost
                                              outputs         for the EU   outputs          for the EU     outputs         for the EU   outputs        for the EU
                                        13
OPERATIONAL OBJECTIVE No 1 :
To obtain fishing opportunities in
exchange for a financial contribution
Action 1
Output 1          Reference       tonnage;    4850;                0,31525 4850;                 0, 31525  4850;               0, 31525 4850;               0,94557
                  Maximum number of           70     fishing               70      fishing                 70     fishing               70     fishing
                  fishing authorisations      authorisation                authorisations                  authorisations               authorisation
                  per               fishing   s                                                                                         s
                  authorisation period
OPERATIONAL OBJECTIVE No 2:
Specific contribution dedicated to support
for the Comorian fishing sector
Action 2
Output 2                                                           0,30000                        0,30000                      0,30000                      0,90000
        13
                 As described in Section 5.3.
 EN                                                                                            37                                                                                EN
 ---pagebreak---    8.2.        Administrative expenditure
               Needs in human and administrative resources will be met inside the appropriation
               allocated to the managing DG within the framework of the annual allocation
               procedure.
   8.2.1.      Number and type of human resources
                                               Staff to be assigned to management of the action using existing and/or
     Types of employment
                                               additional resources (number of posts/FTEs)
                                                  2011         2012       2013
     Officials and temporary        A*/AD          0,25         0,25       0,25
     staff14 (11 01 01)
                                    B*,
                                                    0,3         0,3         0,3
                                    C*/AST
     Staff financed15 by Art. 11 01 02
     Other staff financed16 by Art. 11 01           0,3         0,3         0,3
     04 04
     TOTAL                                         0,85         0,85       0,85
   8.2.2.      Description of tasks deriving from the action
               -      Assisting the negotiator to prepare and conclude the negotiation of fisheries
                      agreements:
                      -      taking part in negotiations with third countries to conclude fisheries
                             agreements;
                      -      preparing draft evaluation reports and negotiation strategy notes for the
                             Commissioner;
                      -      presenting and defending the Commission's position in the Council's
                             Working Party on External Fisheries;
                      -      taking part in the search for a compromise with the Member States to be
                             included in the final text of the Agreement.
               -      Monitoring the implementation of agreements:
                      -      daily monitoring of fisheries agreements;
   14
              Cost of which is NOT covered by the reference amount.
   15
              Cost of which is NOT covered by the reference amount.
   16
              Cost of which is included in the reference amount.
EN                                                           38                                                     EN
 ---pagebreak---      -     preparing and checking the commitment and payment of the financial
           contribution and of any specific supplementary contributions;
     -     regular reporting on the implementation of agreements;
     -     evaluating agreements: scientific and technical aspects;
     -     preparing the draft proposal for a Council Regulation and Decision and
           drafting the text of the Agreement;
     -     launching and monitoring adoption procedures.
   - Technical assistance:
     -     preparing the Commission's position for the Joint Committee.
   - Inter-institutional relations:
     -     representing the Commission before the Council, the European
           Parliament and the Member States in the negotiation process;
     -     writing the replies to oral and written questions from the European
           Parliament.
   - Interdepartmental consultation and coordination:
     -     liaising with the other Directorates-General on matters relating to the
           negotiation and monitoring of agreements;
     -     organising and responding to interdepartmental consultations.
   - Evaluation:
     -     taking part in updating the impact assessment;
     -     analysing the objectives achieved and evaluation indicators.
EN                                   39                                            EN
 ---pagebreak---    8.2.3.     Sources of human resources (statutory)
   (When more than one source is stated, please indicate the number of posts originating from
   each of the sources).
              X          Posts currently allocated to the management of the programme to be replaced
                         or extended
                         Posts pre-allocated within the APS/PDB exercise for the year 2011
                         Posts to be requested in the next SPA/PDB procedure
                         Posts to be redeployed using existing resources within the service concerned
                         (internal redeployment)
                         Posts required for year n although not foreseen in the APS/PDB exercise of the
                         year in question
   8.2.4.     Other administrative expenditure included in reference amount
              (11 01 04/05 – Expenditure on administrative management)
                                                                                                                                       In EUR
       Budget line: 11010404                                                                                                   TOTAL
                                                                                          2011           2012            2013
       (number and heading)
       1. Technical and administrative
       assistance (including related staff costs)
       Executive Agencies17
       Other technical and administrative
       assistance:
       - intra muros18                                                                  19 200          19 200          19 200  57 600
       - extra muros19                                                                                                  40 000  40 000
       Total technical and administrative                                               19 200          19 200          59 200  97 600
       assistance
   17       Reference should be made to the specific legislative statement for the Executive Agency/Agencies concerned.
   18
            This expenditure relates to a fisheries expert post (contract staff member) based at the Delegation of the
            EU to Mauritius financed from budget line 11 01 04 04.
   19       This expenditure concerns an ex-post evaluation study of the Protocol, see paragraph 6.2.4.
EN                                                                                  40                                                        EN
 ---pagebreak---    8.2.5    Cost of human resources and associated costs not included in the reference amount
                                                                                         In EUR
      Type of human resources                     2011     2012     2013     TOTAL
      Officials     and     temporary      staff 67 100   67 100   67 100    201 300
      (11 01 01)
      Staff financed by Art. XX 01 02
      (auxiliary, SNE, contract staff, etc.)
      (specify budget line)
      Total cost of human resources and 67 100            67 100   67 100    201 300
      associated costs (NOT included in
      the reference amount)
   Calculation – Officials and contract staff
   Reference should be made to Point 8.2.1, if applicable
   -       1 AD = EUR 122 000 x 0.25 = EUR 30 500
           1 AST = EUR 122 000 x 0.15 = EUR 18 300
           1 AST = EUR 122 000 x 0.15 = EUR 18 300
           Subtotal: EUR 67 100 (EUR 0.0671 million per year)
   [The costs of the contract staff at the Mauritius Delegation, EUR 64 000*0.3 = EUR 19 200,
   are indicated in point 8.2.4 as they form part of the 'Other administrative expenditure'
   included in the reference amount.]
   Total: EUR 86 300 per year (EUR 0.0863 million per year)
   Calculation – Staff financed under Article XX 01 02
   Reference should be made to Point 8.2.1, if applicable
EN                                                41                                            EN
 ---pagebreak---    8.2.6    Other administrative expenditure not included in reference amount
                                                                                            In EUR
                                                         2011        2012    2013  TOTAL
       11 01 02 11 01 – Missions                       15 000       15 000  15 000   45 000
       11 01 02 11 02 – Meetings and
                                                       10 000       10 000  10 000   30 000
       conferences
       XX 01 02 11 03 – Committees20
       XX 01 02 11 04 – Studies and
       consultations
       XX 01 02 11 05 – Information
       systems
       2.    Total       other     management
       expenditure (XX 01 02 11)
       3. Other expenditure of an
       administrative         nature      (specify,
       including reference to budget line)
       Total administrative expenditure,
       other than human resources and
                                                       25 000       25 000  25 000  75 000
       associated costs (NOT included in
       reference amount)
   20
           Specify the type of committee and the group to which it belongs.
EN                                                      42                                         EN