CELEX: 51989PC0306(02)
Language: en
Date: 1989-06-19
Title: PROPOSAL FOR A COUNCIL REGULATION ( EEC ) RELATING TO THE CONCLUSION OF THE PROTOCOL DEFINING FOR THE PERIOD FROM 21 MAY 1989 TO 20 MAY 1992 THE FISHING OPPORTUNITIES AND THE FINANCIAL CONTRIBUTION PROVIDED FOR BY THE AGREEMENT BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND THE GOVERNMENT OF THE GOVERNMENT OF THE DEMOCRATIC REPUBLIC OF MADAGASCAR ON FISHING OFF THE COAST OF MADAGASCAR

No C 196/14                          Official Journal of the European Communities                               1. 8. 89
                                                COMMISSION
             Proposal for a Council Regulation (EEC) relating to the conclusion of the Protocol defining for
             the period from 21 May 1989 to 20 May 1992 the fishing opportunities and the financial contri-
             bution provided for by the Agreement between the European Economic Community and the
             Government of the Democratic Republic of Madagascar on fishing off the coast of Madagascar
                                                    COM(89) 306 final
                                     (Submitted by the Commission on 19 June 1989)
                                                       (89/C 196/11)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                        HAS ADOPTED THIS REGULATION:
Having regard to the Treaty establishing the European
Economic Community, and in particular Article 43                                          Article 1
thereof,                                                        The Protocol defining for the period from 21 May 1989
Having regard to the proposal from the Commission,              to 20 May 1992 the fishing opportunities and the
Having regard      to  the  opinion    of   the  European       financial contribution provided for by the Agreement
Parliament,                                                     between the European Economic Community and the
                                                                Government of the Democratic Republic of Madagascar
Whereas, in accordance with the Agreement between the           on fishing off the coast of Madagascar is hereby
European Economic Community and the Government of               approved on behalf of the Community.
the Democratic Republic of Madagascar on fishing off
the coast of Madagascar, signed in Antananarivo on 28           The text of the Protocol is attached to this Regulation.
January 1986 ('), the Contracting Parties held nego-
tiations with a view to determining amendments or                                         Article 2
additions to be made to the Agreement at the end of the
period of application of the first Protocols;                   The President of the Council is hereby authorized to
                                                                designate the persons empowered to sign the Protocol in
Whereas as a result of these negotiations a new Protocol        order to bind the Community.
defining for the period from 21 May 1989 to 20 May
1992 the fishing opportunities and the financial contri-                                  Article 3
bution provided for by the Agreement was initialled on
28 April 1989;                                                  This Regulation shall enter into force on the third day
                                                                following its publication in the Official Journal of the
Whereas it is in the Community's interest to approve this
                                                                European Communities.
Protocol,
                                                                This Regulation shall be binding in its entirety and
O OJ No L 73, 18. 3. 1986, p. 26.                               directly applicable in all Member States.
 ---pagebreak--- 1. 8. 89                         Official Journal of the European Communities                             No C 196/15
                                                  PROTOCOL
         defining for the period from 21 May 1989 to 20 May 1992 the fishing opportunities and the
         financial contribution provided for by the Agreement between the European Economic
         Community and the Government of the Democratic Republic of Madagascar on fishing off the
                                               coast of Madagascar
         THE CONTRACTING PARTIES,
         Having regard to the Agreement between the European Economic Community and the
         Government of the Democratic Republic of Madagascar on fishing off Madagascar, signed on
         20 January 1986 and amended by the Agreement signed on 12 November 1987,
         HAVE AGREED AS FOLLOWS:
                                                     Article 1
         Pursuant to Article 2 of the Agreement, licences authorizing simultaneous fishing in Mada-
         gascar's fishing zone shall be granted to 45 ocean-going freezer tuna vessels for a period of
         three years beginning on 21 May 1989.
                                                     Article 2
         The amount of the contribution referred to in Article 7 of the Agreement shall be fixed at a flat
         rate of at least ECU 1 800 000 for the duration of the Protocol, payable in three equal annual
         instalments. This amount is to cover the fishing activities referred to in Article 1 up to a total
         annual catch of 12 000 tonnes of tuna in Madagascar's fishing zone; if the tuna caught by
         Community vessels in Madagascar's fishing zone exceeds this weight, the amount referred to
         above shall be proportionately increased; however, irrespective of the amount actually caught,
         financial compensation shall not exceed ECU 1 000 000 per year.
                                                     Article 3
         Each year for three successive years, a reconnaissance campaign to find crustaceans in water
         deeper than 50 metres shall be carried out jointly by Community shipowners to be chosen by
         the Malagasy authorities, research institutes in Madagascar and the Member States of the
         Community, and the Malagasy minister with responsibility for fisheries.
         The Community shall also contribute ECU 900 000 over the duration of the Protocol to
         finance the campaigns. This contribution may be used to cover shipowners' economic losses
         and the emoluments of Malagasy and Community scientists. Catches by the vessel concerned
         shall be the property of the shipowner.
         The results of each campaign must be sent to the Malagasy ministry with responsibility for
         fisheries and the Commission delegation to Madagascar before the beginning of the following
         campaign. In the light of these results, starting from the second reconnaissance campaign
         licences may be granted to Community vessels to fish in Madagascar's deep-water zones under
         conditions to be defined at a meeting of the Joint Committee referred to by Article 9 of the
         Agreement.
         The terms of reference for these reconnaissance campaigns shall be agreed between the two
         Parties before 31 July 1989.
 ---pagebreak--- No C 196/16-                           Official Journal of the European Communities                                    1. 8. 89
                                                             Article 4
          The Community shall also, during the period referred to in Article 1, contribute ECU 600 000
          to finance a Malagasy scientific programme to improve knowledge of the highly migratory
          species existing in the Indian Ocean around Madagascar.
          At the request of the Government of Madagascar, this contribution may take the form of
           assistance with the costs of international meetings to improve knowledge of these species and
          the management of fishery resources.
                                                              Article 5
          The Contracting Parties hereby agree that increasing the skills and knowlegde of those
           concerned with sea fishing is essential to the success of their cooperation. The Community shall
          therefore facilitate the entry of Malagasy nationals to educational establishments in its Member
           States, and for this purpose shall make available to them grants for study or practical training
           courses lasting a maximum of five years in the various scientific, technical and economic fields
           linked to fishing. The total cost of these grants may not exceed ECU 500 000, equivalent to
           approximately 500 grant/months. The grants may also be used in any country linked to the
           Community by a Cooperation Agreement.
                                                              Article 6
           Protocols 1 and 2 and the Annex to the Agreement between the European Economic
           Community and the Government of the Democratic Republic of Madagascar on fishing off
           Madagascar are hereby repealed and replaced by this Protocol and Annex.
                                                              Article 7
          This Protocol shall enter into force on the date of its signature.
           It shall be applicable from 21 May 1989.
                                                              ANNEX
           CONDITIONS GOVERNING THE PURSUIT OF FISHING ACTIVITIES BY COMMUNITY
                                       VESSELS IN MADAGASCAR'S FISHING ZONE
             1. Formalities concerning application for and issue of licences
                After payment of the fees by shipowners, the competent Community authorities shall present to the
                competent Malagasy authorities an application in respect of each vessel that wishes to fish under the
                Agreement. The application must be made on the form provided by Madagascar for this purpose,
                according to the attached model.
                The Malagasy authorities shall then send the licence provided for in Article 4 of the Agreement to the
                Delegation of the Commission of the European Communities in Antananarivo within 15 working days.
                Owners of tuna vessels shall be obliged to be represented by an agent in Madagascar.
 ---pagebreak--- t ^ ^                                    C0^ic^l]oiirn^lofrri^Eiiror^^nC^Omrriunin^                                                      ^ l o C ^ r^oBtB
      ^ Va^d^ryo^ce^ces
        The licences shall be valid for one year and shall be renewable
        ^ach licence shall be issued foraspecific vessel,and shall not be transferable however, in the event of
        ^ r c ^ ^ ^ ^ ^ a h c e n c e for one vessel may be replaced byalicence for another vessel of similar charac^
        tenstics should the European economic Community so request The owner of the vessel being replaced
        shall return the cancelled licence to the Malagasy ministry with responsibility for fisheries via the Uele^
        gation of the Commission of the European Communities
        The new licence shall indicate
        — the date of issue,
        — the fact that it cancels and replaces the licence of the previous vessel
      ^  ^ay^eor^for^ce^ces
               r^or oceangoing freezer tuna vessels,the fee provided for b y ^ r t i c l e ^ o f the agreement shall be
               set at r^CO^O per tonne of tuna caught in Madagascar^sfishmg^one
               Licences s h a l l b e i s s u e d o n a d v a n c e payment   totheMalagasyTreasuryofafi^edannualsumof
               r^COtOOO per freezer tuna vessel
        ^        ee^r^^
               The licence fee for vessels other than tuna boats shall be set according to gross register tonnage
      ^ Oecta^a^oo of catches
        ^ f t e r t h e e n d o f eachcalendar year, theCommissionof the ^uropeanCommunitiesshallmform the
        Malagasy authorities no later than ^t March each year of the provisional catch figures for the
        preceding calendar year, on the basis of the fishing forms drawn up by the shipowners and referred to
        in paragraphs
      ^  t^ea^dowoot^eesdue
        ^.breal^down of the fees due in respect ofafishing year shall be drawn up by the Commission of the
        European Communities and the Malagasy authorities, taking account of available scientific opinion
        and any statistical information gathered in the tndian (Ocean by an international fisheries organisation
        shipowners shall be notifiedby the Commissionofther^uropeanCommunities of thisbreal^downby
        the e n d o f ^ p n l a n d shall h a v e ^ O d a y s m w h i c h t o m e e t their financialobhgations Theshipowner
        cannot recover the balance in cases where the amount payable in respect of actual fishing operations is
        less than the advance payment
      D ^Oad^DCDo^^^ca^Dosaod^sh^^for^s
        The captain shall notify the coastal radio station and Antsiranana or inform the Malagasy authorities
        by tele^ at least ^ ^ h o u r s m a d v a n c e of h i s i n t e n t i o n o f b n n g i n g h i s vessel intoMadagascar^s fishing
        ^one
        Vessels shall indicate their position and catches every three days,and at the end ofeach period spent
        fishing in Madagascar^sfishmg^one,either by radio to the coastal radio station at Antsiranana or by
        tele^ This information must also be indicated on entering or leaving Madagascar^sfishmg^one,either
        by radio to the antsiranana station or by tele^
        The radio frequency to be used and the tele^ number will be indicated on the licence
        The captain must also fill mafishing form corresponding to the attached model for each period spent
        fishing in Madagascar^sfishmg^one
        The sheet, which must be legible and signed by the captain of the ship, must reach the Malagasy
        minister with responsibility for fisheries viatheshipowner^s agent a s s o o n aspossible andpreferably
        withm^O days of the period spent fishing in Madagascar^ fishing ^one A c o p y must alsobe sent to
        the delegation of the Commission of the European Communities
        M the eventof failure tocomplywiththeseprovisions the Malagasy a u t h o r i t i e s r e s e r v e t h e n g h t t o
        suspend the licence of the vessel in question until the formalities have been completed
 ---pagebreak--- ^oC^r^oB^                                C^ffici^l]ourn^lof                rlicEuron^^nC^ornrnuninc^                                                              t^ ^
            At the request of the Malagasy authorities, tuna vessels shall take an observer on board. The time spent
            by the observer on board shall be fi^ed by the Malagasy authorities,but, a s a g e n e r a l rule,an observer
            must not be present for longer than the time required to carry out his duties.
            The shipowner shall,via his agent, makeapayment of ^ C C ^ t O t o the Malagasy government for each
            day spent by an observer a b o a r d a t u n a boat.
            should a t u n a b o a t w i t h a M a l a g a s y o b s e r v e r o n b o a r d l e a v e M a d a g a s c a r ^ s f i s h i n g z o n e , every step
            shall be taken to ensure that the observer returns to Madagascar as soon as possible, at the shipowners
            expense.
          ^  ^^iptoyroe^tofsea^eo
            For the oceangoing tuna fleet, twoMalagasy seamen shall be signed on permanently for the duration
            of the fishing season.
            should Madagascar not put forward any candidates,this commitment shall be replaced b y a f l a t r a t e
            sumequivalentto^O^Boof the seamen^swages,inproportionto the durationof the seasons this sum
            will be used for the training of Malagasy fishermen.
            community vessels shall have access to all waters under Madagascar^siurisdiction outside the twomile
            zone.
            should the Malagasy authorities decide to install experimental fish concentration devices ^ U C ^ , they
            shall inform the Commission of the European Communities and the agents of the shipowners
            concerned, indicating the geographical position of the devices.
            From the 30th day after such notification, it shall be forbidden to approach within t,5 nautical miles of
            the devices. The dismantling of any device must be immediately notified to the same parties.
        tO. Use of po^r f a e c e s
            Theauthoritiesof Madagascar and the                      beneficiariesoftheAgreementshalllaydowntheconditions
            for using port facilities.
        M    t^specnooa^d^o^tor^gof^sh^gaenv^nes
            Vessels holdingalicence shallpermit and assist any Malagasy officialresponsible for the inspection
            and monitoring of fishing activities to board the ship and carry out his duties.
        t^. T ^ s b ^ p ^ e ^ t
            When fish are transhipped,oceangoing freezer tuna vessels shall hand over the fish which they do not
            intend to keep to a company or organization nominated by the Malagasy authorities in charge of
            fisheries.
 ---pagebreak--- P ^. ^                              COfficial]ournaloftheEuroneanCommunities                           ^ o d r^Bt^
                                  APPLICATION FORM F O R A F I S F I I N C LICENCE
          t. PeriD^ofvali^tity^from                           to
         ^. Name an^fla^ of vessel
         e^. Name of shipowner
         ^. Port of registration an^l registration number
         ^. Type of fishing
         ^. Authori^e^meshsi^e
         B^. Length of vessel
         ^. r^rea^th of vessel
         ^. Cross re^istere^t tonnage
       tO. Hol^l capacity
       t t . Power of engine
       t^. Type of construction
       te^. Number of crew normally carried
       t^t. Ra^lio equipment
       t^. Ra^liocallsi^n
       tD. Name of captain
       The shipowner,orhisrepresentative, is entirely responsible for the accuracyof this information.
 ---pagebreak---                   i        J"
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