CELEX: 52012PC0506
Language: en
Date: 2012-09-19
Title: Proposal for a COUNCIL DECISION on the signature, on behalf of the European Union, and on the provisional application of the Protocol agreed between the European Union and the Republic of Madagascar setting out fishing opportunities and the financial contribution provided for in the Fisheries Partnership Agreement between the two parties currently in force

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		52012PC0506
		
			Proposal for a COUNCIL DECISION on the signature, on behalf of the European Union, and on the provisional application of the Protocol agreed between the European Union and the Republic of Madagascar setting out fishing opportunities and the financial contribution provided for in the Fisheries Partnership Agreement between the two parties currently in force /* COM/2012/0506 final - 2012/0239 (NLE) */
			
				
		
		
			
			   	EXPLANATORY MEMORANDUM
1.           CONTEXT OF THE PROPOSAL
On the basis of a mandate from the Council,
the European Commission has conducted negotiations with the Republic of
Madagascar with a view to renewing the Protocol to the Fisheries Partnership
Agreement between the European Community and the Republic of Madagascar. At the
end of those negotiations, a new Protocol was initialled on 10 May 2012.
The new protocol covers a period of two years from the date of its signature.
The primary objective behind the Protocol
is to define the fishing opportunities for tuna vessels from the European Union
in the waters of Madagascar, in line with scientific advice and other
resolutions issued by the relevant Regional Fisheries Organisation, namely the
Indian Ocean Tuna Commission (IOTC). 
The overall aim is to reinforce cooperation
between the European Union and the Republic of Madagascar, thereby
consolidating the partnership framework within which to develop a sustainable
fisheries policy and sound exploitation of fishery resources in Madagascar’s
fishing zone, in the interests of both Parties. 
Specifically, the protocol provides for
fishing opportunities for 96 vessels, divided as follows:
40 tuna seiners
34 surface longliners with a tonnage
greater than 100 GT
22 surface longliners with a tonnage less
than or equal to 100 GT. 
The Commission proposes, on this basis,
that the Council, with the consent of the Parliament, adopt this new Protocol
by Decision.
2.           RESULTS OF CONSULTATIONS WITH THE
INTERESTED PARTIES AND IMPACT ASSESSMENTS
The Member States were consulted ahead of
the negotiations in the framework of the Council Working Party on Fisheries and
also in the framework of technical meetings. These consultations concluded that
it would be beneficial to maintain a fishing protocol with Madagascar. The
Commission has also based its work on, inter alia, the results of an ex-post
assessment by independent external experts, which was finalised in November
2011.
3.           LEGAL ELEMENTS OF THE PROPOSAL
This procedure
is being initiated in parallel with the procedures relating to the Council
Decision with the consent of the Parliament on the conclusion of the Protocol
itself, as well as with the Council Regulation concerning the allocation of the
fishing opportunities among the Member States of the EU. 
4.           BUDGETARY IMPLICATION 
The total
financial contribution under the protocol comes to EUR 3 050 000
(i.e. EUR 1 525 000 per annum). This amount corresponds to: a)
an annual amount for access to the Malagasy fishing zone of
EUR 975 000 equivalent to a reference tonnage of 15 000 tonnes per
year, and b) EUR 550 000 per year in respect of developing the
sectoral fisheries policy within the Republic of Madagascar. This sectoral
support meets the objectives of the national fisheries policy.
5.           OPTIONAL ELEMENTS 
2012/0239 (NLE)
Proposal for a
COUNCIL DECISION
on the signature, on behalf of the
European Union, and on the provisional application of the Protocol agreed
between the European Union and the Republic of Madagascar setting out fishing
opportunities and the financial contribution provided for in the Fisheries
Partnership Agreement between the two parties currently in force
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(5) thereof,
Having regard to the proposal from the
European Commission,
Whereas:
(1)       On 15 November 2007 the
Council adopted Council Regulation (EC) No 31/2008 on the conclusion of
the Fisheries Partnership Agreement between the European Community and the
Republic of Madagascar.
(2)       The European Union has
negotiated a new protocol with the Republic of Madagascar granting European
Union vessels fishing opportunities in waters in which Madagascar exercises its
sovereignty or jurisdiction as regards fishing. 
(3)       Following those
negotiations, a new Protocol was initialled on 10 May 2012. 
(4)       The Protocol to that
Partnership Agreement which is currently in force expires on 31 December
2012.
(5)       To ensure EU vessels can
continue their fishing activities, Article 15 of the new Protocol provides for
it to apply on a provisional basis from the date of its signature, and by 1
January 2013 at the earliest. 
(6)       The new Protocol should be
signed and applied on a provisional basis, pending the completion of the
procedures for its conclusion,
HAS ADOPTED THIS DECISION: 
Article 1
The signature of the Protocol agreed
between the European Union and Madagascar setting out fishing opportunities and
the financial contribution provided for in the Fisheries Partnership Agreement
in force between the two parties is hereby authorised on behalf of the European
Union, subject to its conclusion.
The text of the Protocol is attached to
this Decision.
Article 2
The General Secretariat of the Council
shall establish the instrument of full powers to sign the Agreement and the
Protocol, subject to their conclusion, for the person(s) indicated by the
negotiator of the Agreement.
Article 3
The Protocol shall apply on a provisional
basis from the date of its signature onwards, but from 1 January 2013 at the
earliest.
Article 4
This
Decision shall enter into force on the day following that of its publication in
the Official Journal of the European Union.
Done at Brussels, 
                                                                       For
the Council
                                                                       The
President
PROTOCOL
setting
out the fishing opportunities and the financial contribution provided for by
the Fisheries Partnership Agreement between the European Community and the
Republic of Madagascar
Article 1
Period of application and fishing opportunities
1.           For a period of two (2)
years, the fishing opportunities granted under Article 5 of the Fisheries
Partnership Agreement shall be as follows:
Highly migratory species (species listed in
Annex 1 to the 1982 United Nations Convention on the Law of the Sea) with the
exception of the Alopiidae and Sphyrnidae families, in addition
to the following species: Cethorinus maximus, Rhincodon typus, Carcharodon
carcharias, Carcharinus falciformis and Carcharinus longimanus.
(a)     40 tuna seiners, and
(b)     34 surface longliners with a tonnage
greater than 100 GT
(c)     22 surface longliners with a tonnage
less than or equal to 100 GT.
2.           Paragraph 1 shall apply
subject to Articles 5 and 6 of this Protocol.
3.           Under Article 6 of the
Fisheries Partnership Agreement, and Article 7 of this Protocol, vessels flying
the flag of a Member State of the European Union may engage in fishing
activities in the waters of Madagascar only if they are on the list of fishing
vessels authorised by the Indian Ocean Tuna Commission (IOTC) and are in
possession of a fishing authorisation issued under the conditions established
in this Protocol in accordance with the Annex hereto.
Article 2
Financial contribution - Methods of payment
1.           For the period referred to
in Article 1, the total financial contribution referred to in Article 7 of the
Fisheries Partnership Agreement shall be EUR 3 050 000 for the whole
duration of this Protocol. 
2.           This total financial
contribution shall comprise:
(a)     an annual amount for access to the
Malagasy fishing zone of EUR 975 000 equivalent to a reference
tonnage of 15 000 tonnes per year, and 
(b)     a specific amount of
EUR 550 000 per year for supporting and implementing Madagascar’s
sectoral fisheries policy and maritime policy.
3.           Paragraph 1 shall apply
subject to Articles 3, 5, 6, 8 and 9 of this Protocol. 
4.           The European Union shall
pay the financial contribution referred to in paragraph 1 at the rate of
EUR 1 525 000 per year during the period of application of this
Protocol, corresponding to the total amount set out in paragraph 2(a) and
(b) of this Article (i.e. respectively EUR 975 000 and
EUR 550 000). 
5.           If the total quantity of
catches of tuna by European Union vessels in Madagascar’s fishing zone exceeds
15 000 tonnes per year, the amount of the annual financial contribution
for access rights shall be 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) above (i.e. EUR 1 950 000).
If the amounts caught by European Union vessels in Madagascar’s fishing zone
exceed the quantities corresponding to twice the total annual amount, the
amount due in respect of the quantity exceeding that limit shall be paid the
following year in accordance with the provisions of the Annex. In order to
anticipate any possible exceeding of the reference tonnage, the two Parties
shall adopt a system allowing ongoing catch monitoring. 
6.           Payment shall be made no
later than 90 days after this Protocol’s provisional application as referred in
Article 15 for the first year, and no later than the anniversary date of
this Protocol for the following years.
7.           Madagascar shall have full
discretion regarding the use of the financial contribution specified in
paragraph Article 2(2)(a).
8.           The financial contribution
shall be paid or transferred into a unique Public Treasury account opened at
the Madagascar Central Bank. The account reference is as follows: Agence
Comptable Centrale du Trésor public with the Banque Centrale de Madagascar
Antaninarenina, Antananarivo, Madagascar - account No: 213 101 000 125 TP EUR.
Article 3
Promoting responsible fishing and sustainable fisheries in the waters of
Madagascar
1.           From the date of the
provisional application of this Protocol and no later than three months after
that date, the European Union and Madagascar shall agree, within the Joint
Committee provided for in Article 9 of the Fisheries Partnership Agreement, on
a multiannual sectoral programme, in accordance with Madagascar’s national
strategy for fisheries and the policy framework of the European Commission, and
detailed implementing rules covering, in particular:
a)      annual and multiannual guidelines for
using the specific amount of the financial contribution referred to in Article
2(2)(b); 
b)      the annual and multiannual objectives
to be achieved with a view to introducing responsible fishing and sustainable
fisheries, taking account of the priorities expressed by Madagascar in its
national fisheries policy, and other policies relating to or having an impact
on the promotion of responsible fishing and sustainable fisheries, particularly
as regards protected marine areas;
c)      criteria and procedures including,
where appropriate, budgetary and financial indicators, to be used 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.
Article 4
 Scientific cooperation to ensure responsible fishing 
1.           The two Parties hereby undertake
to promote responsible fishing in the waters of Madagascar on the basis of the
principle of non-discrimination between the different fleets fishing in those
waters.
2.           During the period covered by this Protocol, the European Union and
Madagascar shall endeavour to monitor the state of fishery resources in
Madagascar’s fishing zone.
3.           Both Parties shall
endeavour to comply with the resolutions, recommendations and the management
plans adopted by the Indian Ocean Tuna Commission (IOTC) regarding conservation
and the responsible management of fisheries. Both Parties shall also make every
effort to comply with the opinions of the joint scientific working group
provided for in Article 4(2) of the agreement. 
4.           In accordance with Article
4 of the Agreement, and based on the recommendations and resolutions adopted
within the IOTC, and in the light of the best available scientific advice and,
where appropriate, the results of the joint scientific meeting provided for by
Article 4 of the Fisheries Partnership Agreement, the two Parties shall consult
each other within the Joint Committee provided for in Article 9 of the
Fisheries Partnership Agreement and, where necessary, agree on the measures to
ensure sustainable management of Madagascar’s fisheries resources.
Article 5
Adjustment of fishing opportunities by mutual agreement 
1.           The fishing opportunities
referred to in Article 1 may be amended by mutual agreement insofar as the
recommendations and resolutions of the IOTC and the joint scientific working
group tend to confirm that such an amendment will secure the sustainable
management of tuna and tuna-like species in the Indian Ocean. 
2.           In such cases, the
financial contribution referred to in Article 2(2)(a) shall be adjusted
proportionately and pro rata temporis.[However, the total annual amount paid by
the European Union may not be more than twice the figure indicated in Article
2(2)(a)]. 
3.           Both Parties shall notify
each other of any changes to their respective fisheries policies and
legislation.
Article 6
New fishing opportunities 
1.           In the event that European
Union fishing vessels become interested in engaging in fisheries not provided
for in Article 1 of the Fisheries Partnership Agreement, the Parties shall
consult each other before any possible authorisation is granted in respect of
any such activities and, where appropriate, agree on the conditions for such
fishing, including making the relevant amendments to this Protocol and the
Annex hereto. 
2.           The Parties shall
encourage experimental fishing, especially as regards under-exploited species
present in the waters of Madagascar. To this end, and at the request of either
Party, the Parties shall consult each other with a view to determining, on a
case-by-case basis, the species, conditions and other relevant parameters.
3.           The Parties shall carry
out experimental fishing in accordance with parameters to be agreed by both
Parties in an administrative arrangement where appropriate. For Madagascar, the
National Centre for Oceanographic Research and the Institute for Fisheries
Studies and Marine Science shall be involved in the definition of these
parameters. 
4.           Authorisations for
experimental fishing should be agreed for a maximum period of six months.
5.           If the Parties consider
that experimental campaigns have yielded positive results, the Government of
Madagascar may allocate fishing opportunities in respect of the new species to
the European Union fleet until the expiry of this Protocol. The financial
contribution referred to Article 2(2)(a) of this Protocol shall consequently be
increased. Shipowners’ fees and conditions as provided for in the Annex shall
be amended accordingly.
Article 7
Conditions governing fishing activities — Exclusivity clause
Without
prejudice to Article 6 of the Fisheries Partnership Agreement, European Union
vessels may fish in the waters of Madagascar only if they are in possession of
a valid fishing authorisation issued by the Malagasy Ministry responsible for
Fisheries under this Protocol and the Annex hereto. 
Article 8
Suspension and review of the payment of the financial contribution
1.           Notwithstanding the
provisions laid out in Article 9 of this Protocol, the financial contribution
referred to in Article 2(2)(a) and (b) shall be reviewed or suspended after
consultation between the two Parties: 
a)      if fishing activities in Madagascar’s
fishing zone are prevented for reasons other than natural phenomena;
b)      following significant changes in the
policy guidelines of either one of the Parties affecting the relevant
provisions of this Protocol; 
c)      if the European Union notes that there
has been a violation of the essential and fundamental human rights provided for
in Article 9 of the Cotonou Agreement and following the procedure provided for
in Articles 8 and 96 of that Agreement. In this case, all European Union
fishing vessel activities in the waters of Madagascar shall be suspended. 
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 assessment by the Ministry
responsible for Fisheries and an evaluation carried out by the Joint Committee;
(b)     in the event of failure to implement
this financial contribution.
3.           Payment of the financial
contribution shall resume after consultation and agreement by the two Parties,
as soon as the situation existing prior to the events referred to 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.           Implementation of this
Protocol shall be suspended at the initiative of either one of the Parties
subject to consultations between and agreement of the Parties within the Joint
Committee provided for in Article 9 of the Agreement: 
a)      if exceptional circumstances, other
than natural phenomena, prevent fishing activities in Madagascar’s fishing
zone;
b)      if the European Union fails to make
the payments provided for in Article 2(2)(a) for reasons not covered by Article
8 of this Protocol; 
c)      where a dispute arises between the
Parties over the interpretation and implementation of this Protocol and its
Annex which cannot be settled;
d)      if either one of the Parties does not
comply with the provisions of this Protocol and its Annex;
e)      following significant policy changes
on the part of either one of the Parties affecting the relevant provisions of
this Protocol; 
f)       if either one of the Parties
ascertains a breach of essential and fundamental elements regarding human
rights as laid out by Article 9 of the Cotonou Agreement, and following the
procedure set out in Articles 8 and 96 thereof; 
g)      in case of non-compliance with the
International Labour Organisation Declaration on Fundamental Principles and
Rights at Work as provided in Article 3(5) of the Fisheries Partnership
Agreement.
2.           The suspension of the
implementation of this Protocol shall require the Party concerned to notify its
intention in writing at least three months before the date on which the
suspension is due to take effect.
3.           In the event of the
implementation being suspended, the Parties shall continue to consult with a
view to finding an amicable settlement to their dispute. Where such settlement
is reached, implementation of this Protocol shall resume and the amount of the
financial contribution shall be reduced proportionately and pro rata temporis
according to the period during which implementation of this Protocol was
suspended.
Article 10
National law
1.           The activities of European
Union fishing vessels in the waters of Madagascar shall be subject to the laws
and regulations of Madagascar unless otherwise provided under this Protocol and
the Annex hereto. 
2.           The authorities of
Madagascar shall inform the European Commission of any changes or new
legislation regarding its fishery policy.
Article 11
Confidentiality
The
Parties shall ensure that, at any time, all data relating to EU vessels and
their fishing activities in the waters of Madagascar will be treated as
confidential. These data shall be used exclusively for the implementation of
the Agreement and for the purposes of fisheries management, monitoring, control
and surveillance by the relevant authorities.
Article 12
Electronic data exchange
Madagascar and the European Union hereby
undertake to implement the necessary systems for the electronic exchange of all
information and documents related to the implementation of the Agreement as
soon as possible. All electronic exchanges shall be the subject of an
acknowledgment of receipt. The electronic form of a document at any point shall
be considered equivalent to the paper version.
Both Parties shall immediately notify any
disruption of a computer system impeding such exchanges. In such circumstances,
the information and documents related to the implementation of the Agreement
shall be automatically replaced by their paper version in the manner defined in
the Annex.
Article 13 
Duration
This Protocol and the Annex hereto shall
apply for a period of two (2) years from their provisional application as
determined in Article 15, unless notice of termination is given in accordance
with Article 14.
Article 14
Termination
1.           In the event of the
termination of this Protocol, the Party concerned shall notify the other Party
in writing of its intention to terminate it at least six months before the date
on which such termination should take effect. 
2.           The sending of the
notification referred to in the previous paragraph shall lead to consultations
by the Parties being initiated.
Article 15
Provisional application
This
Protocol shall be applied provisionally from the date of its signature but not
earlier than 1 January 2013. 
Article 16
Entry into force
This
Protocol and 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.
ANNEX
CONDITIONS FOR THE
EXERCISE OF FISHING ACTIVITIES BY EUROPEAN UNION VESSELS IN THE FISHING ZONE OF
MADAGASCAR
CHAPTER I
General provisions
1.           Designation of
competent authority
For
the purposes of this Annex and unless otherwise stated, any reference to the
European Union (EU) or to Madagascar as a competent authority shall mean:
–                        
for the EU: the European Commission, where
applicable via the EU Delegation in Madagascar;
–                        
for Madagascar: the Ministry responsible for
Fisheries.
2.           Madagascar’s fishing
zone 
All
the provisions of the Protocol and its annex shall apply exclusively in the
fishing zone of Madagascar, as indicated in Appendices 3 and 4, without
prejudice to the following provisions: 
European
Union vessels may carry out fishing activities in waters beyond 20 nautical
miles from the base line in the case of tuna seiners and surface longliners. 
A
protection area of 3 miles around national fish aggregating devices must be
complied with.
Furthermore,
in order to preserve the sustainable exploitation of certain demersal species
by national operators, the surface longliners covered by this Protocol are prohibited
from fishing in the areas of Leven Bank and the Castor Bank, the coordinates of
which are listed in Appendix 5. 
3.           Appointment of a local
agent
Any
EU vessel wishing to obtain a fishing authorisation under the present Protocol
must be represented by an agent resident in Madagascar.
4.           Bank account
Madagascar
shall notify the EU before the date of the provisional application of the
Protocol, of the details of the bank account(s) into which the financial sums
payable by EU vessels under the Agreement should be paid. The associated bank
transfer costs shall be borne by the ship-owners.
CHAPTER II
Tuna fishing
authorisations
1.           Condition for obtaining
a tuna fishing authorisation – eligible vessels
The
tuna fishing authorisations referred to in Article 6 of the Agreement shall be
issued on the condition that the vessel is included in the EU register of
fishing vessels on the IOTC’s list of authorised fishing vessels and that all
previous obligations of the ship-owner, the captain, or the vessel itself arising
out of fishing activities in Madagascar under the Agreement and Malagasy
fisheries legislation have been met.
2.           Application for a
fishing authorisation
The
EU shall submit to Madagascar an application for a fishing authorisation in
respect of any vessel wishing to fish under the Agreement at least 15 working
days before the start of the period of validity requested using the form
attached to this Annex as Appendix 1. 
The
application must be typed or written legibly in block capitals.
For
each initial application for a fishing authorisation on the basis of the
Protocol in force, or following a technical change to the vessel concerned, the
application shall be accompanied by:
i. the proof of payment of the advance
payment fee for the period of validity of the fishing authorisation requested;
ii.          the name, address and contact
details of:
·              
the owner of the fishing vessel;
·              
the operator of the fishing vessel;
·              
the local agent for the vessel;
iii.         a recent colour photograph of
the vessel, showing a lateral view, and at least 15 cm x 10 cm in size;
iv.         the vessel’s seaworthiness
certificate;
v.         the vessel’s registration
number;
vi.         the vessel’s health
certificate, issued by the competent EU authority;
vii.        the fishing vessel’s contact
details (fax, e-mail, etc.).
For
the renewal of a fishing authorisation under the Protocol in force for a vessel
whose technical specifications have not been modified, the renewal application
shall be accompanied only by proof of payment of the fee.
3.           Advance payment fee
The
amount of the advance payment fee shall be set on the basis of the annual rate
specified in the technical sheets included in Appendix 2 to this Annex. It
shall include all local and national taxes with the exception of port taxes,
landing taxes, transhipment taxes and charges for the provision of services.
4.           Provisional list of
vessels requesting a licence
Once it has received the fishing authorisation applications, the
national body responsible for supervising fishing activities shall immediately
draw up, for each category of vessel, the provisional list of applicant
vessels. This list shall be sent as soon as possible to the EU by the competent
Malagasy authority. 
The EU shall forward the provisional list to the vessel owner or to
the local agent. If the EU offices are closed, Madagascar may send the
provisional list directly to the ship-owner or their local agent with a copy to
the EU.
5.           Issue of the fishing
authorisation
Fishing
authorisations for all vessels shall be issued to ship-owners or their local
agent within fifteen (15) working days of the competent authority receiving the
full application. A copy of this fishing authorisation shall be sent
immediately to the EU Delegation.
6.           List of vessels
authorised to fish
Once
the fishing authorisation is issued, the national body responsible for
supervising fishing activities shall immediately draw up for each category of
vessel the final list of vessels authorised to fish in Madagascar’s fishing
zone. This list shall be sent to the EU immediately and shall replace the
provisional list referred to above.
7.           Period of validity of
the fishing authorisation
Fishing authorisations shall be valid for one year from
1 January to 31 December and be renewable.
8.           Documents to be carried

While
in the waters of Madagascar or in a Malagasy port, the following documents must
be carried on board the fishing vessel at all times:
(a)                   
the original of the authorisation to fish;
however, for a period of one month prior to receipt of this original, a copy of
the list of vessels authorised to fish, as provided for in Chapter II, point 6
of this Annex, shall be considered as authentic;
(b)                   
the documents issued by a competent authority of
the fishing vessel’s flag state, showing:
- the number under which the fishing vessel is
registered, the vessel’s certificate of registry;
- the Conformity certificate provided for by
the International Maritime Organisation (IMO) Torremolinos Convention;
(c)                   
up-to-date certified drawings or descriptions of
the layout of the fishing vessel and in particular, the number of fish holds of
the fishing vessels, with the storage capacity expressed in cubic metres;
(d)                   
if any modification was made to the
characteristics of the fishing vessel with respect to its overall length, its
gross registered tonnage, the horsepower of its main engine or engines or its
hold capacity, a certificate, certified by a competent authority of the flag
state of the fishing vessel, describing the nature of such modification;
(e)                   
if the fishing vessel is equipped with chilled
or refrigerated sea-water tanks, a document certified by a competent authority
of the flag state of the vessel indicating the calibration of the tanks in
cubic metres;
(f)                     
if applicable, a ballast water management record
book is to be kept updated (dates and times of uptake with positions and
volumes, dates and times of discharge with positions and volumes, the
treatments performed on this water);
(g)                   
authorisation to fish outside the waters under
the jurisdiction of the flag state issued in respect of the fishing vessel or
an extract from the register of vessels authorised by the IOTC;
(h)                   
a copy of the Malagasy fisheries legislation
currently in force.
9.           Transfer of fishing
authorisation
The
fishing authorisation shall be issued for a given vessel and shall not be
transferable.
However,
where force majeure is proven, at the request of the EU, a vessel fishing
authorisation may be replaced by a new authorisation, issued for another
similar vessel or a substitute vessel, without payment of a new advance
payment. In such a case, the statement of fees for freezer tuna seiners and
surface longliners in Chapter IV shall take into account the total catch of the
two types of vessel in Madagascar’s fishing zone. 
The
transfer shall involve the return of the fishing authorisation to be replaced
by the ship-owner or their local agent in Madagascar and the immediate drawing
up by Madagascar of the replacement authorisation. The replacement
authorisation shall be issued as soon as possible to the ship-owner or their
local agent, when the authorisation to be replaced is returned. The replacement
authorisation shall take effect on the day on which the authorisation to be
replaced is returned.
Madagascar
shall update the list of vessels authorised to fish as soon as possible. The
new list shall be sent as soon as possible to the national body responsible for
supervising fishing, and to the EU.
10.         Support vessels 
(1)                   
Support vessels flying an EU flag must be
authorised in compliance with the provisions and conditions provided for in
Malagasy legislation. 
The annual licence fee applicable to the
support vessel is EUR 2 500/year.
(2)                   
The competent Malagasy authorities shall send
the list of these authorisations to the Commission on a regular basis, via the
EU Delegation in Madagascar.
CHAPTER III
Technical measures
Technical
measures applicable to the vessels holding a fishing authorisation, relating to
the zone, fishing gear and by-catches, shall be defined for each fishing
category in the technical sheets contained in Appendix 2 to this Annex. 
The vessels shall comply with the fisheries legislation of
Madagascar and all the resolutions adopted by the IOTC (Indian Ocean Tuna
Commission).
CHAPTER IV
Catch reporting
1.           Definition of the
fishing trip 
For the purposes of this Annex, the duration of a fishing trip by an
EU vessel shall be defined as follows:
–                        
the period elapsing between entering and leaving
Madagascar’s fishing zone, or
–                        
the period elapsing between entering
Madagascar’s fishing zone and a transhipment in port and/or a landing in
Madagascar.
2.           Fishing logbook
The
captain of an EU vessel fishing under the Agreement shall keep an IOTC fishing
logbook, for which the model for each category of fishing is included in
Appendices 6 and 7 of this Annex.
The
fishing logbook must comply with IOTC resolution 08/04 for longliners and
resolution 10/03 for purse seiners.
The
fishing logbook shall be completed by the captain for each day the vessel is
present in the fishing zone of Madagascar.
Each
day the captain shall record in the fishing logbook the quantity of each species,
identified by its FAO 3-alpha code, caught and kept on board, expressed in
kilograms of live weight or, where necessary, the number of individual fish.
For each main species, the captain shall also mention the by-catches and
discards.
The
fishing logbook shall be filled in legibly, in block capitals, and signed by
the captain.
The
captain shall be responsible for the accuracy of the data recorded in the
fishing logbook.
3.           Catch reporting
The
captain shall notify the vessel's catch by submitting its fishing logbooks to
Madagascar for the period of its presence in Madagascar’s fishing zone. 
The
fishing logbooks shall be transmitted in one of the following ways: 
i           when passing through a Malagasy
port, the original of each fishing logbook shall be submitted to the local
representative of Madagascar, who shall confirm receipt thereof in writing; a
copy of the logbook shall be handed over to the inspection team in Madagascar;
ii.          when leaving Madagascar’s
fishing zone without first passing through a Malagasy port, the original of
each fishing logbook shall be sent within a period of 7 (seven) working days
after arrival in any other port, and in any case within a period of 15
(fifteen) working days after leaving Madagascar’s fishing zone: 
(a)                   
by e-mail, to the e-mail address given by the
national body supervising fishing activities;
(b)                   
or by fax, to the number given by the national
body supervising fishing activities;
(c)                   
or by letter sent to the national body
supervising fishing activities.
The
return of the vessel into Madagascar’s fishing zone within the period of
validity of its fishing authorisation shall give rise to further catch
reporting. 
The
two Parties shall establish from 1 July 2013 a protocol for the electronic
exchange of all catch and reporting data based on an electronic logbook; the
two Parties shall then plan the implementation of the protocol and the
replacement of the paper version of catch reporting with an electronic version
by 1 January 2014 at the latest.
The
captain shall send a copy of all the fishing logbooks to the EU and the
competent flag State authority. For tuna-fishing vessels and surface
longliners, the captain shall also send a copy of all the fishing logbooks to
the competent national scientific institutes: 
USTA
(Antsiranana Tuna Statistical Unit) and FMC (Fisheries Monitoring Centre) 
and
to one of the following scientific institutes:
i.          Institut de recherche pour le développement
(IRD);
ii.          Instituto Español de
Oceanografía (IEO);
iii.         Instituto Português de
Investigação Marítima (IPIMAR).
Where the provisions concerning catch reporting are not complied
with, Madagascar may suspend the fishing authorisation of the vessel concerned
until the missing catch report is obtained and penalise the ship-owner in
accordance with the relevant provisions under the national legislation in
force. If the offence is repeated, Madagascar may refuse to renew the fishing
authorisation. Madagascar shall inform the EU immediately of any penalty
applied in this context.
4.           Final statement of fees
for tuna-fishing vessels and surface longliners
For
each tuna seiner and surface longliner, the EU shall draw up, on the basis of
its catch reporting confirmed by the aforementioned scientific institutes, a
final statement of the fees owed by the vessel in respect of its annual season
for the previous calendar year. 
The
EU shall send this final statement to Madagascar and to the ship-owner before
31 July of the year in progress. Madagascar may contest the final
statement, on the basis of documentary proof, within 30 working days of its
being sent. In the case of disagreement, the Parties shall consult each other
in the Joint Committee. If Madagascar does not object within 30 working days,
the final statement shall be considered to be adopted.
Where
the final statement is greater than the anticipated flat-rate fee paid to
obtain the fishing authorisation, the ship-owner shall pay the outstanding
balance to Madagascar by 30 September of the year in progress. Where the
final statement is less than the expected flat-rate fee, the remaining amount
may not be reclaimed by the ship-owner.
CHAPTER V
Landings and
transhipments
Transhipment
at sea is prohibited. All transhipment operations in port shall be monitored in
the presence of fishing inspectors from Madagascar.
The
captain of an EU vessel wishing to land or to tranship must notify the FMC and
at the same time, the Malagasy port authority, at least 48 hours before
the landing or transhipment, of the following:
(d)                   
the name of the fishing vessel wishing to land
or tranship and its registration number as recorded in the IOTC register of
fishing vessels; 
(e)                   
the port of landing or transhipment;
(f)                     
the date and time scheduled for the landing or
transhipment; 
(g)                   
the quantity (expressed in kilograms of live
weight or, if necessary, the number of individual fish) of each species to be
landed or transhipped (as identified by its FAO 3-alpha code).
The
transhipment operation shall be subject to a prior authorisation issued by the
FMC in Madagascar to the captain or their local agent within 24 hours after the
aforementioned notification. The transhipment operation must be carried out in
a Malagasy port authorised for this purpose.
In the event of transhipment, in addition
to the information contained in points a) to d) above, the captain will also
notify the name of the receiving vessel.
The
captain of the transporting ship shall, upon receipt, notify the Malagasy
authorities (the FMC and the port authority) of the quantities of tuna and
tuna-like species transhipped onto the vessel and complete and send the
transhipment declaration to the FMC and the port authority in Madagascar within
24 hours.
The fishing ports where transhipment
operations are authorised in Madagascar are Antsiranana for seiners and
Toliara, Ehoala and Toamasina for longliners.
Non-compliance
with these provisions will lead to the application of the relevant penalties
provided for under the legislation of Madagascar.
EU vessels landing in a Malagasy port shall
endeavour to make their by-catches available to the local processing companies
at the local market price. Upon request from the EU fishing companies the
Regional Directorates for Fisheries of Madagascar shall provide a list and
contact details for the local processing companies.
European Union tuna vessels choosing to
land their catches in a Malagasy port shall benefit from a reduction of
EUR 5 per tonne fished in Madagascar’s fishing zone in the fee indicated
in Appendix 2 for the fishing category of vessels concerned.
An
additional reduction of EUR 5 will be granted where fisheries products are
sold to a processing factory in Madagascar.
CHAPTER VI
Checks
1.           Entering and leaving
the fishing zone
Any
entry into or departure from Madagascar’s fishing zone by an EU vessel holding
a fishing authorisation must be notified to Madagascar within three hours of
entry or departure.
When
notifying its entry or departure, the vessel shall notify in particular: 
i.          the date, time and point of
passage scheduled;
ii.          the quantity of each target
species held on board, as identified by its FAO 3-alpha code and expressed in
kilograms of live weight or, if necessary, the number of individual fish;
iii.         The quantity of each by-catch
species retained on board as identified by its FAO 3-alpha code and expressed
in kilograms of live weight or, if necessary, the number of individual fish.
Notification shall be given preferably by
e-mail or, failing that, by fax, to an e-mail address or a telephone number or
fax number communicated by the FMC, using the form attached to the Annex as
Appendix 8. The FMC shall confirm receipt thereof immediately by return e-mail
or fax.
The
FMC shall immediately inform the vessels concerned and the EU of any change to
the e-mail address, telephone number or transmission frequency.
Any
vessel found to be fishing in Madagascar’s fishing zone without having
previously notified its presence shall be considered to be an unauthorised
fishing vessel.
Any
person infringing this provision shall be liable to the fines and penalties
provided for by the Malagasy fisheries law. 
The entry/exit catch reports must be kept
on board at least for one year from the date of the report transmission. 
European Union fishing vessels not
authorised to fish shall be the subject of an innocent passage declaration. The
content of this declaration shall be the same as that stated in
paragraph 1.
2. Cooperation as regards combating
IUU fishing
In
order to strengthen fisheries monitoring and to combat IUU fishing, European
Union fishing vessels shall be encouraged to inform the FMC of the presence of
any other fishing vessels in their surroundings.
3.           Periodic catch report 
When an EU vessel is operating in the
waters of Madagascar, the captain of an EU vessel holding a fishing
authorisation must notify the FMC, every three days, of catches made in Madagascar’s
fishing zone. The first catch declaration shall start three days after the date
of entry into Madagascar’s fishing zone.
Every three days, when notifying its
periodic catch report, the vessel shall notify in particular:
i.          the
date, time and position on reporting;
ii.          the
quantity of each target species caught and held on board during the three-day
period, as identified by its FAO 3-alpha code and expressed in kilograms of
live weight or, if necessary, the number of individual fish;
iii.         the
quantity of each by-catch species retained on board during the three-day
period, as identified by its FAO 3-alpha code and expressed in kilograms of
live weight or, if necessary, the number of individual fish;
iv.         the
quantity of each by-catch species discarded at sea during the three-day period,
as identified by its FAO 3-alpha code and expressed in kilograms of live weight
or, if necessary, the number of individual fish;
v.         product
presentation;
vi.         for
tuna purse seiners:
            -
number of successful sets using fish aggregating devices since the last report;
            -
number of successful sets on free school since the last report;
            -
number of unsuccessful sets.
vii.        For
tuna long line fishing vessels:
            -
number of sets since last report;
            -
number of hooks deployed since last report.
Notification shall be given preferably by
e-mail or, failing that, by fax, to an e-mail address or a telephone number
communicated by the FMC, using the form attached to the Annex as Appendix 8.
The FMC shall immediately inform the vessels concerned and the EU of any change
to the e-mail address, telephone number or transmission frequency.
Any vessel found to be fishing in
Madagascar’s fishing zone without having notified its three-day periodic catch
report shall be considered to be an unauthorised fishing vessel. Any person
infringing this provision shall be liable to the fines and penalties provided
for by the Malagasy fisheries law.
The periodic catch reports must be kept on
board at least during 1 year from the date of the transmission of the report.
4.           Inspection at sea
Inspection at sea in Madagascar’s fishing
zone of EU vessels holding a fishing authorisation shall be carried out by
inspectors from Madagascar who are clearly identifiable as being responsible
for carrying out fisheries checks. 
Before going on board, the authorised
inspectors shall inform the EU vessel on VHF channel 16 of their decision to
carry out an inspection. The inspection shall be carried out by fisheries
inspectors, who must provide proof of their inspection warrant and identity and
rank as inspectors before carrying out the inspection. 
The authorised inspectors shall stay on
board the EU vessel only for the time necessary to carry out the tasks related
to the inspection. They shall carry out the inspection in such a way as to
minimise the impact on the vessel, its fishing activity and cargo.
At the end of each inspection, the
authorised inspectors shall draw up an inspection report. The captain of the EU
vessel has the right to include his comments in the inspection report. The
inspection report shall be signed by the inspector drawing up the report and
the captain of the EU vessel.
The authorised inspectors shall give a copy
of the inspection report to the captain of the EU vessel before leaving the
vessel. In cases of infringement, a copy of the notification of the
infringement shall also be sent to the EU in accordance with the provisions of
chapter VIII. 
5.           Inspection in port in
cases of landing and transhipment
The inspection of EU fishing vessels which
land or tranship their catch in a Malagasy port shall be carried out by
Malagasy inspectors who are clearly identifiable as being responsible for
carrying out fishing checks. 
Inspectors must provide proof of their
inspection warrant and identity and rank as inspectors before carrying out the
inspection. The Malagasy inspectors shall only stay on board the EU vessel for
the time necessary to carry out the tasks related to the inspection and shall
conduct the inspection in such a way as to minimise the impact on the vessel,
the landing or transhipment operation and the cargo.
At the end of each inspection, the Malagasy
inspectors shall draw up an inspection report. The captain of the EU vessel has
the right to include his comments in the inspection report. The inspection
report shall be signed by the inspector drawing up the report and the captain
of the EU vessel.
The Malagasy inspectors shall provide a
copy of the inspection report to the captain of the EU vessel at the end of the
inspection.
In cases of infringement, a copy of the
notification of the infringement shall also be sent to the EU in accordance
with the provisions of chapter VIII. 
CHAPTER VII
Satellite-based vessel
monitoring system (VMS)
1.           Vessel position
messages – VMS system
EU
vessels holding a fishing authorisation must be equipped with a satellite
monitoring system (Vessel Monitoring System – VMS) to enable automatic and
continuous communication of their position, at all times, to the fishing
control centre (Fisheries Monitoring Centre – FMC) of their flag state. 
Each
position message must contain:
a.         vessel identification;
b.         the most recent geographical
position of the vessel (longitude, latitude), with a margin of error of
less than 500 metres, and with a confidence interval of 99%; 
c.         the date and time the position
is recorded;
d.         the speed and the course of the
vessel.
Each position message must be configured in
accordance with the format included in Appendix 9 to this Annex.
The
first position recorded after entry into Madagascar’s zone shall be identified
by the code ‘ENT’. All subsequent positions shall be identified by the code
‘POS’, with the exception of the first position recorded after departure from
the Madagascar zone, which shall be identified by the code ‘EXI’. The FMC of
the Flag State shall ensure the automatic processing and, if necessary, the
electronic transmission of the position messages. The position messages shall
be recorded in a secure manner and kept for a period of three years.
2.           Transmission by the
vessel in the event of breakdown of the VMS system
The captain shall ensure at all times that
the VMS system of their vessel is fully operational and that the position
messages are correctly transmitted to the FMC of the flag state. 
EU vessels with defective VMS systems are
not authorised to enter the fishing zone of Madagascar.
If the vessel is already operating in
Madagascar’s fishing zone, in the event of breakdown, the VMS system of the
vessel shall be repaired or replaced as soon as possible and within 15 days at
the latest. After that period, the vessel shall no longer be authorised to fish
in Madagascar’s zone. 
Vessels fishing in the waters of Madagascar
with a defective VMS system must communicate their position messages by e-mail
or fax to the FMC of the flag state and of Madagascar, at least every six
hours, and must provide all the compulsory information.
3.           Secure communication of
the position messages to Madagascar
The FMC of the flag state shall
automatically send the position messages of the vessels concerned to the FMC in
Madagascar. The FMC of the flag state and of Madagascar shall exchange their
contact e-mail addresses and inform each other without delay of any change to
these addresses.
The transmission of position messages
between the FMCs of the flag state and that of Madagascar shall be carried out
electronically using a secure communication system.
The FMC in Madagascar shall inform the flag
state FMC and the EU of any interruption in the reception of consecutive
position messages from a vessel holding a fishing authorisation, where the
vessel concerned has not notified its departure from the zone. 
4.           Malfunction of the
communication system
Madagascar shall ensure the compatibility
of its electronic equipment with that of the flag state FMC and inform the EU
immediately of any malfunction as regards the communication and reception of
position messages with a view to finding a technical solution as soon as
possible. The Joint Committee shall deal with any disputes which may arise. 
The captain shall be considered to be
responsible for any proven manipulation of the vessel’s VMS system aimed at
disturbing its operation or falsifying its position messages. Any infringements
shall be subject to the penalties provided for by the Malagasy legislation in
force.
5.           Revision of the
frequency of position messages
On the basis of documentary evidence
proving an infringement, the FMC in Madagascar may ask the flag state FMC,
copying the EU into such correspondence, to reduce the interval for sending
position messages from a vessel to every thirty minutes for a set period of
investigation. This documentary evidence must be sent by the FMC in Madagascar
to the flag state FMC and the EU. The flag state FMC shall immediately send the
position messages to Madagascar at the new frequency. 
The FMC in Madagascar shall then
immediately notify the flag State Control Centre and the European Commission of
the end of the inspection procedure.
At the end of the set investigation period,
the FMC in Madagascar shall inform the flag state FMC and the EU of the
possible follow up, if any.
CHAPTER VIII
Infringements
Failure to comply with any of the rules and provisions of the
Protocol, measures to ensure the management and conservation of living
resources or fisheries legislation in force in Madagascar may be subject to
penalties in the form of fines, suspension, cancellation or non-renewal of the
vessel’s fishing authorisation.
1.           Handling of
infringements
Any infringement committed in Madagascar’s
fishing zone by an EU vessel holding a fishing authorisation in accordance with
the provisions of this Annex must be referred to in an (inspection) report.
In the case of an on‑board
inspection, the signature of the inspection report by the captain shall be
without prejudice to the ship-owner’s right of defence in respect of an
established infringement. Should the captain refuse to sign the inspection
report, they will write the reasons for their refusal in the inspection report
with the statement ‘refusal to sign’.
In cases of any infringement in
Madagascar’s fishing zone by an EU vessel holding a fishing authorisation,
notification of the infringement in question and the additional penalties
imposed on the captain or the fishing company shall be sent directly to the
ship-owners in line with the procedures set out in Madagascar’s fisheries
legislation. A copy of the notification shall be sent to the vessel’s flag
state and to the EU within 72 hours.
2.           Detention of a vessel
Should an infringement be established, any
EU vessel having committed an infringement may be forced to cease its fishing
activity and, where the vessel is at sea, to return to a Malagasy port, in
accordance with the Malagasy legislation in force.
Madagascar shall provide electronic
notification to the EU, within 24 hours, of any detentions of an EU vessel
holding a fishing authorisation. The notification shall provide the reasons for
the detention and/or continued retention. 
Before taking any measure against the
vessel, the captain, the crew or the cargo, with the exception of measures
aimed at protecting evidence, the FMC in Madagascar shall organise, within one
working day following notification of the detention of the vessel, an
information meeting to clarify the events which have resulted in the vessel’s
detention and to explain any possible further action. Representatives of the
vessel’s flag state and ship-owner may attend this information meeting. 
3.           Penalties for
infringements - Compromise procedure
The penalty for an established infringement
shall be established by Madagascar according to the provisions of the national
legislation in force.
A compromise procedure shall be launched
prior to legal procedures between the authorities of Madagascar and the EU
vessel in order to settle the issue amicably. A representative of the vessel’s
flag state may be involved in this compromise procedure. The compromise
procedure shall finish at the latest 72 hours after notification of the
vessel’s detention.
4.           Legal proceedings –
Bank guarantee
If the above‑mentioned compromise
procedure is unsuccessful and the infringement is brought before the competent
court, the owner of the vessel which committed the infringement shall deposit a
bank guarantee with the Public Treasury of Madagascar, the amount of which, as
established by Madagascar, shall cover the costs linked to the detention of the
vessel, the estimated fine and any compensation. The bank guarantee may not be
recovered until the legal proceedings have been concluded.
The bank guarantee shall be released and
returned to the ship-owner as soon as possible after the judgment has been
delivered: 
a.         in full, if no penalty has been
imposed;
b.         for the amount of the remaining
balance, if the penalty is a fine which is lower than the amount of the bank
guarantee;
Madagascar
shall inform the EU of the outcome of the legal proceedings within eight days
of the judgment being delivered.
5.           Release of the vessel
and the crew
The vessel and its crew shall be authorised
to leave the port once the penalty resulting from a compromise procedure, or once
the bank guarantee has been deposited with the Public Treasury of Madagascar.
The vessel shall be released and its crew authorised to leave the port:
-
once the obligations arising under the compromise settlement have been
fulfilled, or 
-
when the aforementioned bank guarantee has been lodged and accepted by the
Ministry responsible for Fisheries, pending the conclusion of the legal
proceedings.
CHAPTER IX
Signing-on of seamen

1.           Number of seamen to be
signed on 
Owners of tuna seiners and surface longliners
shall employ ACP nationals, subject to the following conditions and limits:
–          for
the fleet of tuna seiners, at least 20% of the seamen signed on during the
tuna-fishing season in the fishing zone of the third country shall be of ACP
origin,
–          for
the fleet of surface longliners, at least 20% of the seamen signed on during
the fishing season in the fishing zone of the third country shall be of ACP
origin.
Ship-owners shall endeavour to take on
board additional seamen of Malagasy origin.
2.           Seamen’s contracts 
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.
The employment contracts of ACP seamen
shall be drawn up between the ship-owners’ representative(s) and the seamen
and/or their trade unions or representatives; a copy of these contracts shall
be given to the signatories. These contracts shall guarantee the seamen the
social security cover applicable to them, including life assurance and sickness
and accident insurance.
3.           Seamen’s wages 
The wages of the ACP seamen shall be paid
by the ship-owners. They shall be set by mutual agreement between the
ship-owners 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.
4.           Seamen’s obligations
All seamen employed aboard European Union vessels shall report to
the captain 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, ship-owners shall be automatically absolved of their
obligation to take the seaman on board.
CHAPTER X
Observers
1.           Observation of fishing
activities 
Both Parties recognise the importance of
fulfilling the obligations under IOTC Resolutions with regards to the
Scientific Observer Programme.
For the purposes of compliance with these
obligations, the provisions applicable to observers are as follows, except in
cases of space limitations due to safety requirements.
Vessels authorised to fish in the waters of
Madagascar under the Fisheries Partnership Agreement shall take on board
observers appointed by the authorities of Madagascar to ensure that these
obligations have been complied with on the terms set out below.
European Union vessels shall, at the
request of the authorities of Madagascar, take on board one observer in order
to reach the cover rate of 10% of licensed vessels. Nevertheless, vessels less
than 100 GT are not subject to this measure.
2.           Designated vessels and
observers
The authorities of Madagascar shall draw up
a list of vessels designated to take an observer on board. This list shall be
kept up to date. It shall be forwarded to the European Commission as soon as it
has been drawn up.
The authorities of Madagascar shall inform
the ship-owners concerned of the name of the observers appointed to be taken on
board their vessel no later than 15 days before the observer’s planned
embarkation date. 
The observers shall not spend more time on
board the vessel than is necessary to carry out their duties.
3.           Observer’s salary
The cost of taking the observer aboard and
putting them ashore outside Madagascar shall be borne by the ship-owner. The
salary and social contributions of the observer shall be borne by the
authorities of Madagascar.
With regard to any vessel taking aboard an
observer, the ship-owner shall be asked to pay a contribution of EUR 20
for each day on board. This sum shall be paid to the Observers Programme
administered by the FMC.
4.           Embarkation conditions
The embarkation conditions for the
observer, in particular the duration of presence on board, shall be defined by
mutual agreement between the ship-owner or its local agent and Madagascar.
Observers shall be treated as officers.
However, receiving the observer on board shall take into account the technical
structure of the vessel.
The ship-owner shall bear the costs of
providing accommodation and food for the observer on board. 
Captains shall take all the measures for
which they are responsible to guarantee the physical safety and general
wellbeing of the observer.
Observers shall be offered every facility
needed to carry out their duties. They shall have access to means of
communication and any documents on board, and to documents relating to the
fishing activities of the vessel, in particular the fishing logbook, freeze log
and navigation log, and the parts of the vessel directly linked to their
duties.
5.           Embarkation and landing
of observers
The observer shall embark in a port chosen
by the ship-owner. 
The ship-owner or its representative shall
notify Madagascar, with a notice period of 10 days before embarkation, of the
date, time and port of embarkation of the observer. If the observer is embarked
in a foreign country, their travel costs to the port of embarkation shall be
borne by the vessel owner.
If the observer does not arrive to embark
within 12 hours of the date and time set, the ship-owner shall be automatically
discharged from its obligation to allow the observer to embark. 
It shall be free to leave the port and
start fishing operations.
If the observer is not disembarked in a
Malagasy port, the ship-owner shall bear the costs of accommodation and food
during the time the observer is waiting for a repatriation flight.
If the vessel does not arrive at the agreed
time at a previously agreed port to receive an observer, the owner shall pay
the costs relating to the observer’s inability to board while waiting at the
port (accommodation, food, etc.). 
If the vessel fails to appear, without
having provided the FMC with prior notification, Madagascar may suspend the
fishing authorisation for the vessel in question. 
6.           Observer’s obligations
Whilst
they are on board observers shall:
a.         take all appropriate measures so
as not to interrupt or hinder fishing operations;
b.         respect on-board property and
equipment;
c.         respect the confidential nature
of any document belonging to the vessel.
The observers shall communicate
observations by radio, fax or e-mail at least once a week while the vessel is
operating in Madagascar’s fishing zone, including the quantity of catches and
by-catches on board and any other duties as required by the authority.
7.           Observer’s report
Before leaving the vessel, the observer
shall submit a report of his observations to the captain of the vessel. The
captain of the vessel shall have the right to make comments in the observer’s
report. The report shall be signed by the observer and the captain. The captain
shall receive a copy of the observer’s report. 
The observer shall send his report to
Madagascar, which shall send a copy of it to the EU within 15 working days of
the observer’s disembarkation.
LIST OF APPENDICES:
Appendix 1 – Licence application form
Appendix 2 – Technical sheet
Appendix 3 – Coordinates (latitude and longitude) of Madagascar’s Fishing Zone
Appendix 4 – Map of Madagascar’s Fishing Zone
Appendix 5 – Geographical coordinates and map of the fishing zone in which
fishing by surface longliners is prohibited
Appendix 6 – Fishing logbook – Statement of catch form for tuna seiners
Appendix 7 – Fishing logbook – Statement of catch form for surface longliners
Appendix 8 – Form for entry/exit catch report
Appendix 9 – Format of VMS position message
Appendix
1 – Licence
application form
MINISTRY FOR FISHERIES OF MADAGASCAR
Application
for a licence for foreign industrial fishing vessels
1.             Name of
ship-owner:.............................................................................................................................................. 
2.             Address of
ship-owner:......................................................................................................................................... 
3.             Name of
representative or agent:......................................................................................................................... 
4.             Address of
ship-owner’s representative or local agent:.................................................................................. 
5.             Name of
captain:..................................................................................................................................................... 
6.             Name of
vessel:....................................................................................................................................................... 
7.             Registration
No:...................................................................................................................................................... 
8.             Fax No...................................................................................................................................................................... 
9.             E-mail
address:........................................................................................................................................................ 
10.           Radio Call
Sign:....................................................................................................................................................... 
11.           Date and
place of construction:........................................................................................................................... 
12.           Flag
country:........................................................................................................................................................... 
13.           Port of
registration:................................................................................................................................................ 
14.           Port of
fitting out:................................................................................................................................................... 
15.           Length
(L.O.A.)....................................................................................................................................................... 
16.           Beam:........................................................................................................................................................................ 
17.           Gross
Tonnage (UMS) :........................................................................................................................................ 
18.           Hold
capacity:......................................................................................................................................................... 
19.           Cold storage
and freezing capacity:.................................................................................................................... 
20.           Engine type
and power:......................................................................................................................................... 
21.           Fishing
gear:............................................................................................................................................................ 
22.           Number of
crew:...................................................................................................................................................... 
23.           Communications
equipment:................................................................................................................................ 
24.           Call sign:.................................................................................................................................................................. 
25.           Identification
markings:......................................................................................................................................... 
26.           Fishing
operations to be carried out:.................................................................................................................. 
27.           Place of
landing:..................................................................................................................................................... 
28.           Fishing
zones:......................................................................................................................................................... 
29.           Species to
be caught:............................................................................................................................................. 
30.           Period of
validity:................................................................................................................................................... 
31.           Special
conditions:................................................................................................................................................. 
Opinion of the
Directorate-General for Fisheries and Aquaculture:.............................................................................. 
Comments of the Ministry
responsible for fisheries:....................................................................................................... 
 Appendix 2 – TECHNICAL SHEET 
 Fishing zone: 
 - Beyond 20 nautical miles from the base lines. Area indicated in Appendices 3 and 4. - A protection area of 3 miles around national fish aggregating devices must be complied with. The surface longliners covered by this Protocol may not fish in the areas of the Leven Bank and Castor Bank, the coordinates of which are indicated in Appendix 5.   
 Authorised gear: 
 ·                         Seine ·                         Surface longliners 
 By-catches: 
 ·                         IOTC recommendations complied with 
 Fees to be paid by ship-owners/catch equivalent: 
 Fee to be paid by ship-owners per tonne caught || EUR 35/tonne 
 Cost of annual advance payments paid by ship-owners: || ·                         EUR 4 900 EUR for 140 tonnes per tuna seiner ·                         EUR 3 675 per 105 tonnes per surface longliner over 100 GT ·                         EUR 1 750 per 50 tonnes per surface longliner equal to or less than 100 GT 
 Number of vessels authorised to fish || 40 seiner vessels 34 surface longliner vessels > 100 GT 22 surface longliner vessels </ = 100 GT 
 Other 
 ·                         Fee per support vessel: EUR 2 500 per vessel 
 ·                         Seamen: - for the fleet of tuna seiners, at least 20% of the seamen signed on during the tuna-fishing season in the fishing zone of the third country shall be of ACP origin, - for the fleet of surface longliners, at least 20% of the seamen signed on during the fishing season in the fishing zone of the third country shall be of ACP origin. - Ship-owners shall endeavour to take on board additional seamen of Malagasy origin. 
 ·                         Observers: - European Union vessels shall, at the request of the authorities of Madagascar, take on board one observer in order to reach the cover rate of 10% of licensed vessels. Nevertheless, vessels less than 100 GT are not subject to this measure. With regard to any vessel taking aboard an observer, the ship-owner is asked to pay a contribution of EUR 20 for each day on board. This sum shall be paid to the Observers Programme administered by the FMC.   
Appendix 3 – Coordinates (latitude
and longitude) of Madagascar’s Fishing Zone
BOUNDARIES OF THE AREA IN
WHICH FISHING IS PROHIBITED (in degree minutes)
 Point || Latitude || Longitude 
 1 || 12°18.44S || 47°35.63 
 2 || 11°56.64S || 47°51.38E 
 3 || 11°53S || 48°00E 
 4 || 12°18S || 48°14E 
 5 || 12°30S || 48°05E 
 6 || 12°32S || 47°58E 
 7 || 12°56S || 47°47E 
 8 || 13°01S || 47°31E 
 9 || 12°53S || 47°26E 
Appendix 5 – Geographical
coordinates and map of the fishing zone in which fishing by surface longliners
is prohibited
 Point || Latitude || Longitude 
 1 || 12°18.44S || 47°35.63 
 2 || 11°56.64S || 47°51.38E 
 3 || 11°53S || 48°00E 
 4 || 12°18S || 48°14E 
 5 || 12°30S || 48°05E 
 6 || 12°32S || 47°58E 
 7 || 12°56S || 47°47E 
 8 || 13°01S || 47°31E 
 9 || 12°53S || 47°26E 
Appendix 6 – Fishing logbook –
Statement of catch form for tuna seiners
Statement of catch form for
tuna seiners / Fiche de déclaration de captures pour thoniers senneurs
 DEPART / SALIDA / DEPARTURE || ARRIVEE / LLEGADA / ARRIVAL || NAVIRE / BARCO / VESSEL || PATRON / PATRON / MASTER || FEUILLE 
 PORT / PUERTO / PORT DATE / FECHA / DATE HEURE / HORA / HOUR LOCH / CORREDERA / LOCH || PORT / PUERTO / PORT DATE / FECHA / DATE HEURE / HORA / HOUR LOCH / CORREDERA / LOCH ||   ||   || HOJA / SHEET N° 
 DATE FECHA DATE || POSITION (chaque calée ou midi) POSICION (cada lance o mediadia) POSITION (each set or midday) || CALEE LANCE SET || CAPTURE ESTIMEE ESTIMACION DE LA CAPTURA ESTIMATED CATCH || ASSOCIATION ASSOCIACION ASSOCIATION || COMMENTAIRES OBSERVATIONES COMMENTS ||   || COURANT CORRIENTE CURRENT 
     ||     ||   ||   ||   ||   || 1 ALBACORE RABIL YELLOWFIN || 2 LISTAO LISTADO SKIPJACK || 3 PATUDO PATUDO BIGEYE || AUTRE ESPECE préciser le/les nom(s) OTRA ESPECIE dar el/los nombre(s) OTHER SPECIES give name(s) || REJETS préciser le/les nom(s) DESCARTES dar el/los nombre(s) DISCARDS give name(s) ||   ||   ||   ||   ||   ||   || Route/Recherche, problèmes divers, type d'épave (naturelle/artificielle, balisée, bateau), prise accessoire, taille du banc, autres associations, … Ruta/Busca, problemas varios, tipo de objeto (natural/artificial, con baliza, barco), captura accesoria, talla del banco, otras asociaciones, … Steaming/Searching, miscellaneous problems, log type (natural/artificial, with radio beacon, vessel), by catch, school size, other associations, … ||     ||   ||   
     ||     ||     ||     ||     ||     || Taille Talla Size || Capture Captura Catch || Taille Talla Size || Capture Captura Catch || Taille Talla Size || Capture Captura Catch || Nom Nombre Name || Taille Talla Size || Capture Captura Catch || Nom Nombre Name || Taille Talla Size || Capture Captura Catch ||     ||     ||     ||     ||     ||     ||     ||     ||     ||     
 Une calée par ligne / Uno lance cada línea / One set by line 
   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   
   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   
   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   
   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   
SIGNATURE   DATE
Appendix 7 – Fishing logbook – Statement of catch form for
surface longliners
Appendix 8 – Form for entry/exit
catch report
COMMUNICATION
FORMAT REPORTS
1.
ENTRY REPORT FORMAT (WITHIN 3 HOURS BEFORE ENTRY)
ADDRESSEE:
MADAGASCAR FMC
ACTION
CODE: IN
VESSEL
NAME:
INTERNATIONAL
RADIO CALL SIGN:
FLAG
COUNTRY: 
TYPE OF
VESSEL: 
LICENCE
NO: 
POSITION
OF ENTRY:
DATE AND
HOUR (UTC) OF ENTRY:
TOTAL
QUANTITY OF FISH ON BOARD (KG):
-
YFT (Albacore/ Yellowfin tuna/ Thunnus albacares) in kg:
- SKJ
(Listao/ Skipjack/ Katsuwonus pelamis) in kg:
- BET
(Patudo/ Bigeye tuna/ Thunnus obesus) in kg:
- ALB
(Germon/ Albacore tuna/ Thunnus alalunga) in kg:
- OTHERS
(SPECIFY) in kg:
2.
EXIT REPORT FORMAT (WITHIN 3 HOURS BEFORE THE EVENT)
ADDRESSEE:
MADAGASCAR FMC
ACTION
CODE: OUT
VESSEL
NAME:
INTERNATIONAL
RADIO CALL SIGN:
FLAG
COUNTRY: 
TYPE OF
VESSEL: 
LICENCE
NO: 
POSITION
OF EXIT:
DATE AND
HOUR (UTC) OF EXIT:
TOTAL
QUANTITY OF FISH ON BOARD (KG):
-
YFT (Albacore/ Yellowfin tuna/ Thunnus albacares) in kg:
- SKJ
(Listao/ Skipjack/ Katsuwonus pelamis) in kg:
- BET
(Patudo/ Bigeye tuna/ Thunnus obesus) in kg:
- ALB
(Germon/ Albacore tuna/ Thunnus alalunga) in kg:
- OTHERS
(SPECIFY) in kg:
3.
WEEKLY CATCH REPORT FORMAT (EVERY THREE DAYS WHILST THE VESSEL IS OPERATING IN
MALAGASY WATERS)
ADDRESSEE:
MADAGASCAR FMC
ACTION CODE:
WCRT
VESSEL
NAME:
INTERNATIONAL
RADIO CALL SIGN:
FLAG
COUNTRY: 
TYPE OF
VESSEL: 
LICENCE
NO: 
TOTAL
QUANTITY OF FISH ON BOARD (KG):
-
YFT (Albacore/ Yellowfin tuna/ Thunnus albacares) in kg:
- SKJ
(Listao/ Skipjack/ Katsuwonus pelamis) in kg:
- BET (Patudo/
Bigeye tuna/ Thunnus obesus) in kg:
- ALB
(Germon/ Albacore tuna/ Thunnus alalunga) in kg:
- OTHERS
(SPECIFY) in kg:
- NUMBER
OF SETS MADE SINCE LAST REPORT 
All
reports shall be transmitted to the competent authority at: 
Fax No: +261
20 22 490 14 
E-mail: csp-mprh@blueline.mg
Centre de
Surveillance des Pêches de Madagascar, B.P.60 114 Antananarivo
Appendix 9 – Format of VMS position
message
COMMUNICATION OF VMS
MESSAGES TO MADAGASCAR
POSITION REPORT
 Data Element || Code || Mandatory/ Optional || Comments 
 Start record || SR || M || System detail – indicates start of record 
 Addressee || AD || M || Message detail – recipient. Alpha-3 ISO country code 
 From || FR || M || Message detail – sender. Alpha-3 ISO country code 
 Flag State || FS || O ||   
 Type of message || TM || M || Message detail – message type ‘POS’ 
 Radio call sign || RC || M || Vessel detail – international radio call sign of vessel 
 Contracting Party internal reference number || IR || O || Vessel detail – unique Contracting Party number (flag State ISO3 code followed by number) 
 External registration number || XR || M || Vessel detail – number marked on side of vessel 
 Latitude || LA || M || Vessel position detail – position in degrees and minutes N/S DDMM (WGS‑84) 
 Longitude || LO || M || Vessel position detail – position in degrees and minutes E/W DDMM (WGS‑84) 
 Course || CO || M || Vessel course 360° scale 
 Speed || SP || M || Vessel speed in tenths of knots 
 Date || DA || M || Vessel position detail – date of record of UTC position (YYYYMMDD) 
 Time || TI || M || Vessel position detail – time of record of UTC position (HHMM) 
 End record || ER || M || System detail - indicates end of record 
Character set: ISO 8859.1
Each data transmission is
structured as follows:
–                        
a double slash (//) and field code indicate the
start of the message,
–                        
a single slash (/) separates the field code and
the data.
Optional data elements
have to be inserted between the start and end of the record.
LEGISLATIVE FINANCIAL STATEMENT
1.           FRAMEWORK OF THE PROPOSAL/INITIATIVE 
              1.1.    Title of the proposal/initiative 
              1.2.    Policy
area(s) concerned in the ABM/ABB structure
              1.3.    Nature
of the proposal/initiative 
              1.4.    Objective(s)

              1.5.    Grounds
for the proposal/initiative 
              1.6.    Duration
and financial impact 
              1.7.    Management
method(s) envisaged 
2.           MANAGEMENT MEASURES 
              2.1.    Monitoring
and reporting rules 
              2.2.    Management
and control system 
              2.3.    Measures
to prevent fraud and irregularities 
3.           ESTIMATED FINANCIAL IMPACT OF THE
PROPOSAL/INITIATIVE 
              3.1.    Heading(s)
of the multiannual financial framework and expenditure budget line(s) affected 
              3.2.    Estimated
impact on expenditure 
              3.2.1. Summary of
estimated impact on expenditure 
              3.2.2. Estimated impact
on operational appropriations 
              3.2.3. Estimated impact
on appropriations of an administrative nature
              3.2.4. Compatibility
with the current multiannual financial framework
              3.2.5. Third-party
participation in financing 
              3.3.    Estimated impact on revenue
LEGISLATIVE FINANCIAL STATEMENT
1.           FRAMEWORK OF THE PROPOSAL/INITIATIVE 
1.1.        Title of the
proposal/initiative 
Proposal for a Council Decision on the allocation of the fishing
opportunities under the Protocol agreed between the European Union and the
Republic of Madagascar setting out fishing opportunities and the financial
contribution provided for in the Fisheries Partnership Agreement between the
two parties currently in force.
1.2.        Policy area(s) concerned
in the ABM/ABB structure[1] 
11. – Maritime Affairs and Fisheries
11.03 - International fisheries and law of the sea
1.3.        Nature of the
proposal/initiative 
¨ The proposal/initiative relates to a new action 
¨ The proposal/initiative relates to a new action
following a pilot project/preparatory action[2] 
X The
proposal/initiative concerns the extension of an existing action 
¨ The proposal/initiative relates to an action
redirected towards a new action 
1.4.        Objective(s)
1.4.1.     The Commission's multiannual
strategic objective(s) targeted by the proposal/initiative 
The negotiation and conclusion of fisheries agreements with third
countries meets the general objective of maintaining and safeguarding the
fishing activities of the European Union fleet, including the distant-water
fleet, and developing relations in a spirit of partnership with the Third
Countries in question with a view to strengthening the sustainable exploitation
of fishery resources outside EU waters.
The Fisheries Partnership Agreements (FPAs) also ensure coherence
between the principles governing the Common Fisheries Policy and the
commitments made under other European policies (sustainable use of
third-country resources, combating illegal, unreported and unregulated (IUU)
fishing, integration of partner countries into the global economy and better
political and financial governance of fisheries).
1.4.2.     Specific objective(s) and
ABM/ABB activity(ies) concerned 
Specific Objective 1:
To contribute to sustainable fishing in non-EU waters, maintain a
European presence in distant-water fisheries and protect the interests of the
European fisheries sector and of consumers by negotiating and concluding FPAs
with coastal states, in keeping with other European policies.
ABM/ABB activities concerned
Maritime affairs and fisheries, international fisheries and law of
the sea, international fisheries agreements (budget line 11.0301)
1.4.3.     Expected result(s) and
impact
Specify the effects
which the proposal/initiative should have on the beneficiaries/groups targeted.
The conclusion of the Protocol will help maintain the fishing
opportunities for European vessels in the fishing zone of Madagascar.
The Protocol will also contribute to better management and
conservation of fishery resources, through financial support (sectoral support)
for the implementation of the annual and multiannual programmes adopted at
national level by the partner country.
1.4.4.     Indicators of results and
impact 
Specify the
indicators for monitoring implementation of the proposal/initiative.
Rates of utilisation of fishing opportunities (uptake of fishing
authorisations as a percentage of availability under the Protocol);
Gathering and analysing data on catches and the commercial value of
the Agreement;
Contribution to employment and to added value in the EU and to
stabilising the EU market (in aggregate with other FPAs);
Number of technical meetings and meetings of the Joint Committees.
1.5.        Grounds for the
proposal/initiative 
1.5.1.     Requirement(s) to be met in
the short or long term 
The Protocol for the 2007-12 period will expire on 31 December
2012. It is intended that the new Protocol will apply provisionally from the
date of signature. A procedure for the adoption by the Council of a Decision
regarding the provisional implementation of the Protocol has been launched in
parallel with this procedure.
The new Protocol will provide a framework for the fishing activities
of the European fleet and will, in particular, allow ship-owners to continue to
obtain fishing authorisations in Madagascar’s fishing zone. In addition, the
new Protocol enhances cooperation between the EU and Madagascar, with a view to
promoting the development of a sustainable fishing policy. It provides, in
particular, for the vessels to be monitored via VMS and for the electronic
transmission of catch data as well as specific clauses for the embarkation of
seamen and observers. 
1.5.2.     Added value of EU
involvement
As regards this new Protocol, failure to act by the EU would allow
private agreements to emerge which would not guarantee sustainable fisheries.
The European Union also hopes that with this Protocol, Madagascar will continue
to cooperate effectively with the EU to ensure sustainable fishing.
The funds available under the Protocol will also allow Madagascar to
continue its strategic planning efforts for the implementation of its fisheries
policies.
1.5.3.     Lessons learned from
similar experiences in the past
The ex-post evaluation of the previous Protocol would recommend that
it be renewed for the following reasons: 
- The agreement makes it possible to have access to a resource which
is not exploited by the national sector and ensures the smooth running of the
national tuna processing industry which is of great direct and indirect
socio-economic importance for the entire North region of Madagascar. 
- The agreement also makes it possible for the authorities of
Madagascar to perform MCS (monitoring, control and surveillance) and to monitor
the wholesomeness of the products, which is beneficial for the entire seafood,
fisheries and aquaculture sector in Madagascar. 
- The agreement has a direct impact on the economic activity in
Madagascar of all the operators in the sector, by enabling these players to
take advantage of resources within the constraints of controlled management,
and to monitor the wholesomeness of the products, irrespective of their
destination and finally by enabling exporters to supply the markets where there
is a demand for their products, notably the EU market. 
- The fisheries agreement has gone beyond its original scope of
providing access to a resource under balanced technical and financial
conditions and has become a key factor upon which the maintenance of the
fisheries/aquaculture sector in Madagascar and the thousands of jobs it has created
depends.
- The fishing activity developed within the framework of the
agreement does not interact with national fishing, with the exception of
longline fishing which will have to adapt to the development of a Malagasy
fleet. 
- The agreement is financially balanced in terms of reference
tonnage and fee levels. The sectoral partnership which has been commenced is an
indicator of the trust between the two parties.
- The agreement is also important as regards supporting action taken
by the EU particularly regarding combating IUU fishing. It provides a framework
for bilateral sectoral dialogue, which complements in an effective manner the
frameworks for existing bilateral and multilateral dialogue in the region.
1.5.4.     Coherence and possible
synergy with other relevant instruments
Funds paid out under FPAs constitute fungible revenue in the budgets
of the third‑country partners. However, the allocation of parts of these
funds for the implementation of measures within the framework of the country’s
sectoral policy is a condition for the conclusion and monitoring of FPAs. These
financial resources are compatible with other sources of funding from other
providers of international funding in order to carry out projects and/or
programmes at national level in the fisheries sector.
1.6.        Duration and financial
impact 
X Proposal/initiative of limited duration 
·      X  Proposal/initiative in force from the date of signature of the
protocol and for a duration of two years.
·      X  Financial impact from 2013 to 2014
¨ Proposal/initiative of unlimited
duration
1.   
Implementation with a start-up period from YYYY
to YYYY,
2.   
Followed by full-scale operation.
1.7.        Management method(s)
envisaged[3] 
X Centralised direct management
by the Commission 
¨ Centralised indirect management with the delegation of implementation tasks to:
3.   
¨  executive agencies 
4.   
¨  bodies set up by the Communities[4] 
5.   
¨  national public-sector bodies/bodies with public-service mission 
·      ¨  persons
entrusted with the implementation of specific actions pursuant to Title V of
the Treaty on European Union and identified in the relevant basic act within
the meaning of Article 49 of the Financial Regulation 
¨ Shared management with the Member States 
¨ Decentralised management with third countries 
¨ Joint management with international organisations (to be specified)
If more than one
management mode is indicated, please provide details in the
"Comments" section.
Comments
2.           MANAGEMENT MEASURES 
2.1.        Monitoring and reporting
rules 
Specify frequency
and conditions.
The Commission (DG MARE, in collaboration with its fisheries
counsellor in Mauritius and the European Union’s Delegation in Madagascar) will
ensure regular monitoring of the implementation of this Protocol, particularly
as regards operators’ use of fishing opportunities and in terms of catch data. 
The Fisheries Partnership Agreement also provides for at least one
annual meeting of the Joint Committee, at which the Commission and the third
country concerned review the implementation of the Agreement and the Protocol
thereto and, if necessary, adjust the programming and, where applicable, the
financial contribution.
2.2.        Management and control
system 
2.2.1.     Risk(s) identified 
There is some risk involved in setting up a fisheries protocol,
particularly with regard to the amounts intended to finance the sectoral
fisheries policy (under-programming). 
2.2.2.     Control method(s) envisaged

Extensive dialogue is planned on the programming and implementation
of the sectoral policy. Joint analysis of progress, as referred to in paragraph
2.1, also forms part of these control methods.
In addition, the Protocol contains specific clauses for its
suspension, under certain conditions and in given circumstances. 
2.3.        Measures to prevent fraud
and irregularities 
Specify existing or
envisaged prevention and protection measures
The Commission undertakes to try to 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 Partnership Agreement is subject to the Commission's standard rules
and budgetary and financial procedures. This makes it possible, in particular,
to fully identify the bank accounts of the third countries into which the
financial contribution is paid. For this particular Protocol, Article 2(6)
stipulates that the entire financial contribution must be paid into a Public
Treasury account opened with a financial institution specified by the
authorities of Madagascar.
3.           ESTIMATED FINANCIAL IMPACT OF THE
PROPOSAL/INITIATIVE 
3.1.        Heading(s) of the
multiannual financial framework and expenditure budget line(s) affected 
·      Existing expenditure budget lines 
In order of
multiannual financial framework headings and budget lines.
 Heading of multiannual financial framework || Budget line || Type of expenditure || Contribution 
   || Number [Description…………………...……………] || DA/NDA [5])   || from EFTA countries[6]   || from candidate countries[7]   || from third countries || within the meaning of Article 18(1)(aa) of the Financial Regulation 
 2 || 11.0301 International Fisheries Agreements || DA || NO || NO || NO || NO 
 2 || 11.010404 International Fisheries Agreements - Expenditure on Administrative management || NDA || NO || NO || NO || NO 
·      New budget lines requested 
(not applicable)
3.2.        Estimated impact on
expenditure 
3.2.1.     Summary of estimated impact
on expenditure 
EUR million (to three decimal places)
 Heading of multiannual financial framework: || 2 || Preservation and management of natural resources 
 DG: MARE ||   ||   || Year N[8] 2013 || Year N+1 2014 || TOTAL 
  Operating appropriations ||   ||   ||   
 Number of budget line: 11.0301 || Commitments || (1) || 1.525 || 1.525 || 3.050 
 Payments || (2) || 1.525 || 1.525 || 3.050 
 Appropriations of an administrative nature financed from the envelope of specific programmes[9]   ||   ||   ||   
 Number of budget line: 11.010404 ||   || (3) || 0.031 || 0.071 || 0.102 
 TOTAL appropriations for DG MARE || Commitments || =1+3 || 1.556 || 1.596 || 3.152 
 Payments || =2+3 || 1.556 || 1.596 || 3.152 
  TOTAL operational appropriations[10]   || Commitments || (4) || 1.525 || 1.525 || 3.050 
 Payments || (5) || 1.525 || 1.525 || 3.050 
  TOTAL appropriations of an administrative nature financed from the specific programme envelope || (6) || 0.031 || 0.071 || 0.102 
 TOTAL appropriations under HEADING 2 of the multiannual financial framework || Commitments || =4+ 6 || 1.556 || 1.596 || 3.152 
 Payments || =5+ 6 || 1.556 || 1.596 || 3.152 
If more than one heading is affected by the proposal /
initiative: (not applicable)
 Heading of multiannual financial framework: || 5 || ‘Administrative expenditure’ 
EUR million (to three decimal places)
   ||   || Year N 2013 || Year N+1 2014 || TOTAL 
 DG: MARE || 
  Human resources || 0.082 || 0.082 || 0.164 
  Other administrative expenditure || 0.010 || 0.010 || 0.020 
 TOTAL DG MARE ||   || 0.092 || 0.092 || 0.184 
 TOTAL appropriations under HEADING 5 of the multiannual financial framework || (Total commitments = Total payments) || 0.092 || 0.092 || 0.184 
EUR million (to three decimal places)
   ||   ||   || Year N[11] 2013 || Year N+1 2014 || TOTAL 
 TOTAL appropriations under HEADINGS 1 to 5 of the multiannual financial framework || Commitments || 1.648 || 1.688 || 3.336 
 Payments || 1.648 || 1.688 || 3.336 
3.2.2.     Estimated impact on
operational appropriations 
6.   
¨   The proposal/initiative does not require
the use of operational appropriations 
7.   
X    The
proposal/initiative requires the use of operational appropriations, as
explained below:
Commitment appropriations in EUR million (to three
decimal places)
 Indicate objectives and outputs   ò ||   ||   || Year N 2013 || Year N+1 2014 || TOTAL || 
 OUTPUTS (Type of output) || 
   || Type of output[12]   || Average cost of the output || Number || Cost || Number || Cost || Total No. || Total cost || 
 || SPECIFIC OBJECTIVE NO 1[13]   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   
 Tuna vessel licences         || Tonnage || EUR 65 / t   || 15 000 || 0.975 || 15 000 || 0.975 || 30000 || 1.950 || 
 Sectoral support ||   || 0.550 || 1 || 0.550 || 1 || 0.550 || 2 || 1.100 || 
 TOTAL COST ||   || 1.525 ||   || 1.525 ||   || 3.050 || 
3.2.3.     Estimated impact on
appropriations of an administrative nature
3.2.3.1.  Summary 
8.   
¨  The proposal/initiative does not require the use of administrative
appropriations 
9.   
X  The proposal/initiative requires the use of
administrative appropriations, as explained below:
EUR million (to
three decimal places)
   || Year N[14] 2013 || Year N+1 2014 || TOTAL 
 HEADING 5 of the multiannual financial framework ||   ||   ||   
 Human resources || 0.082 || 0.082 || 0.164 
 Other administrative expenditure || 0.010 || 0.010 || 0.020 
 Subtotal HEADING 5 of the multiannual financial framework || 0.092 || 0.092 || 0.184 
 Outside HEADING 5[15] of the multiannual financial framework   ||   ||   ||   
 Human resources || 0.031 || 0.031 || 0.062 
 Other expenditure of an administrative nature || 0.000 || 0.040 || 0.040 
 Subtotal outside HEADING 5 of the multiannual financial framework || 0.031 || 0.071 || 0.102 
 TOTAL || 0.123 || 0.163 || 0.286 
3.2.3.2.  Estimated requirements in
terms of human resources 
10.         
¨         The proposal/initiative does not require the use of human
resources. 
11.         
x          The proposal/initiative requires the
use of operational appropriations, as explained below:
Estimate to be expressed in full amounts
(or at most to one decimal place)
   || Year N 2013 || Year N+1 2014 
 Establishment plan posts (officials and temporary agents) ||   ||   
 XX 01 01 01 (Headquarters and Commission’s Representation Offices) || 0.65 || 0.65 
 XX 01 01 02 (in Delegation) ||   ||   
 XX 01 05 01 (Indirect research) ||   ||   
 10 01 05 01 (Direct research) ||   ||   
  External personnel (in full-time equivalent – FTE)[16]   ||   ||   
 XX 01 02 01 (CA, INT, SNE from the ‘global envelope’) ||   ||   
 XX 01 02 02 (CA, INT, JED, LA and SNE in the delegations) ||   ||   
 XX 01 04 yy[17] 11010104 || - at Headquarters[18]   ||   ||   
 - in Delegation || 0.25 || 0.25 || 
 XX 01 05 02 (CA, INT, SNE - Indirect research) ||   ||   
 10 01 05 02 (CA, INT, SNE - Direct research) ||   ||   
 11010404 (CA, responsible for monitoring implementation of sectoral support) ||   ||   
 TOTAL || 0.90 || 0.90 
XX is the policy area or budget title
concerned.
The requisite human
resources will be provided by staff from the DG who are already assigned to
managing the action and/or have been redeployed within the DG, together with
any additional allocation where necessary that may be granted to the managing
DG under the annual allocation procedure and taking budgetary constraints into
account .
Description of
tasks to be carried out:
 Officials and temporary agents || Monitoring and management of the process for the (re)negotiation of the FPA and the approval of the result of the negotiations by the institutions, management of the current FPA, including permanent working and financial monitoring; management of licences 
 External staff || Monitoring the implementation of the sectoral support - Contractual Agent assigned to the Delegation (Madagascar): overall estimate of 0.3 people/year 
3.2.4.     Compatibility with the
current multiannual financial framework 
12.         
X The proposal/initiative is compatible with the
current multiannual financial framework.
3.2.5.     Third-party participation
in financing 
13.         
X The proposal/initiative does not provide for
co-financing by third parties. 
3.3.        Estimated impact on
revenue 
14.         
X         The proposal/initiative has no
financial impact on revenue.
[1]               ABM: activity-based management – ABB: activity-based
budgeting.
[2]               As referred to in Article 49(6)(a) or (b) of the
Financial Regulation.
[3]               Details of management modes and references to the
Financial Regulation may be found on the BudgWeb site: http://www.cc.cec/budg/man/budgmanag/budgmanag_en.html
[4]               As referred to in Article 185 of the Financial
Regulation.
[5]               DA = Differentiated appropriations / NDA =
Non-Differentiated Appropriations
[6]               EFTA: European Free Trade Association. 
[7]               Candidate countries and, where applicable, potential
candidate countries from the Western Balkans.
[8]               Year N is the year in which implementation of the
proposal/initiative starts.
[9]               Technical and/or administrative assistance and expenditure
in support of the implementation of EU programmes and/or actions (former ‘BA’
lines), indirect research, direct research. In the specific case of this
Protocol, the annual sum of EUR 0.031 million (for 2013 and 2014) will be
used to cover the cost of a contract agent and a local agent in the EU
Delegation in Madagascar and the estimated sum of EUR 0.040 million
allocated to cover the costs of the ex-post and ex-ante evaluations in 2014.
[10]             The financial contribution comprises: a) EUR
975 000 for access rights to the Madagascar fishing zone and b) EUR 550
000 relating to support for developing the sectoral fishing policy in the
Republic of Madagascar. 
[11]             Year N is the year in which implementation of the
proposal/initiative starts.
[12]             Outputs are products and services to be supplied (e.g.:
number of student exchanges financed, number of km of roads built, etc.).
[13]             As described in point 1.4.2. ‘Specific objective(s)’ 
[14]             Year N is the year in which implementation of the
proposal/initiative starts.
[15]             Technical and/or administrative assistance and
expenditure in support of the implementation of EU programmes and/or actions
(former ‘BA’ lines), indirect research, direct research.
[16]             CA= Contract Agent; INT= agency staff (‘Intérimaire’); JED=
‘Jeune Expert en Délégation’ (Young Experts in Delegations); LA= Local Agent; SNE=
Seconded National Expert. 
[17]             Under the ceiling for external personnel from
operational appropriations (former "BA" lines).
[18]             For Structural Funds, European Agricultural Fund for
Rural Development (EAFRD) and European Fisheries Fund (EFF).