CELEX: 52004PC0217
Language: en
Date: 2004-03-31
Title: Proposal for a Council Decision on the conclusion of the Agreement in the form of an Exchange of Letters concerning the provisional application of the Protocol defining for the period 1 January 2004 to 31 December 2006 the tuna fishing opportunities and the financial contribution provided for in the Agreement between the European Economic Community and the Democratic Republic of Madagascar on fishing off Madagascar

COMMISSION OF THE EUROPEAN COMMUNITIES
                                                       Brussels, 31.3.2004
                                                       COM(2004) 217 final
                                          Proposal for a
                                    COUNCIL DECISION
                              on the conclusion of the Agreement
     in the form of an Exchange of Letters concerning the provisional application of the
    Protocol defining for the period 1 January 2004 to 31 December 2006 the tuna fishing
   opportunities and the financial contribution provided for in the Agreement between the
      European Economic Community and the Democratic Republic of Madagascar on
                                    fishing off Madagascar
                                 (Presented by the Commission)
EN                                                                                        EN
 ---pagebreak---                             EXPLANATORY MEMORANDUM
The Protocol to the Fisheries Agreement between the EC and the Democratic Republic of
Madagascar expires on 21 May 2004. A new Protocol defining the technical and financial
conditions governing the fishing activities of EC vessels in the waters of Madagascar during
the period 1 January 2004 to 31 December 2006 was initialled by both parties on 8 September
2003.
The new Protocol grants fishing opportunities for 40 tuna seiners and 40 surface longliners.
The financial contribution is fixed at €825 000 per year, covering an annual catch of 11 000
tonnes of tuna in Malagasy waters. A large portion of this amount (€505 000 per year) is
earmarked for targeted measures, such as scientific and training programmes, support for an
inspection and surveillance system, assistance with the development of traditional fisheries,
etc.
While it is in keeping with the tuna agreements concluded by the Community with certain
Indian Ocean countries, this new Protocol reinforces the concept of responsible, sustainable
fisheries and makes it possible to promote a partnership focussing on compliance with the
laws and regulations in force under Madagascar's fisheries policy. New provisions have been
introduced to this end: (i) the exclusivity clause, which prohibits the existence of private
licences or other private arrangements outside the scope of the Agreement, (ii) a detailed
programme for the targeted measures, including a schedule and the objectives to be achieved,
(iii) VMS requirements to reinforce checks on vessels operating in Malagasy waters,
including the transmission of hourly reports giving their course and speed, (iv) the social
clause applicable to local seamen signed on by Community vessels, (v) a section on the
penalties imposed for infringements of the Protocol and the Annex thereto, and (vi) a section
on safeguarding the marine environment and protected species.
On this basis, the Commission proposes that the Council adopt by Decision the draft
Agreement in the form of an Exchange of Letters on the provisional application of the new
Protocol pending its definitive entry into force.
A proposal for a Council Regulation on the conclusion of the new Protocol is the subject of a
separate procedure.
                                                2
 ---pagebreak---                                               Proposal for a
                                        COUNCIL DECISION
                                  on the conclusion of the Agreement
    in the form of an Exchange of Letters concerning the provisional application of the
  Protocol defining for the period 1 January 2004 to 31 December 2006 the tuna fishing
 opportunities and the financial contribution provided for in the Agreement between the
     European Economic Community and the Democratic Republic of Madagascar on
                                        fishing off Madagascar
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular
Article 37 in conjunction with Article 300(2) thereof,
Having regard to the proposal from the Commission1,
Whereas:
(1)     Under the Agreement between the European Economic Community and the
        Democratic Republic of Madagascar on fishing off Madagascar2, the Community and
        the Republic of Madagascar conducted negotiations to determine the amendments or
        additions to be made to that Agreement at the end of the period of application of the
        Protocol thereto.
(2)     As a result of those negotiations, a new Protocol was initialled on 8 September 2003.
(3)     Under this Protocol, Community fishermen enjoy fishing opportunities in the waters
        falling within the sovereignty or jurisdiction of the Republic of Madagascar for the
        period from 1 January 2004 to 31 December 2006.
(4)     In order to guarantee the continuity of fishing activities by Community vessels, it is
        essential that the new Protocol be applied as soon as possible. For this reason, the two
        parties have initialled an Agreement in the form of an Exchange of Letters providing
        for the provisional application of the initialled Protocol as from 1 January 2004.
(5)     The Agreement in the form of an Exchange of Letters should be approved, subject to
        the conclusion of the Protocol by the Council.
(6)     The method of allocating the fishing opportunities among the Member States should
        be defined on the basis of the traditional allocation of fishing opportunities under the
        Fisheries Agreement,
1
         OJ C , , p. .
2
         OJ L 73, 18.3.1986, p. 26.
                                                    3
 ---pagebreak--- HAS DECIDED AS FOLLOWS:
                                            Article 1
The Agreement in the form of an Exchange of Letters concerning the provisional application
of the Protocol defining, for the period 1 January 2004 to 31 December 2006, the tuna fishing
opportunities and the financial contribution provided for by the Agreement between the
European Economic Community and the Democratic Republic of Madagascar on fishing off
Madagascar is hereby approved on behalf of the Community.
The text of the Agreement in the form of an Exchange of Letters is attached to this Decision.
                                            Article 2
The fishing opportunities provided for in the Protocol shall be allocated among the Member
States as follows:
(a)      tuna seiners:
         Spain:          22 vessels
         France:         16 vessels
         Italy :         2 vessels
(b)      surface longliners:
         Spain:          24 vessels
         France:         10 vessels
         Portugal:       6 vessels
If licence applications from these Member States do not cover all the fishing opportunities
laid down by the Protocol, the Commission may take into consideration licence applications
from any other Member State.
                                            Article 3
Member States whose vessels fish under this Protocol are obliged to notify the Commission of
the quantities of each stock taken in the Malagasy fishing zone in accordance with the
arrangements laid down in Commission Regulation (EC) No 500/2001 of 14 March 20013.
3
        OJ L 73, 15.3.2001, p. 8.
                                                4
 ---pagebreak---                                           Article 4
The President of the Council is hereby authorised to designate the persons empowered to sign
the Agreement in order to bind the Community.
Done at Brussels,
                                           For the Council
                                           The President
                                              5
 ---pagebreak---                                          Agreement
in the form of an Exchange of Letters concerning the provisional application of the
    Protocol defining for the period 1 January 2004 to 31 December 2006 the tuna
 fishing opportunities and the financial contribution provided for in the Agreement
    between the European Economic Community and the Democratic Republic of
                         Madagascar on fishing off Madagascar
A. Letter from the Government of Madagascar
Sir,
With reference to the Protocol initialled on 8 September 2003 in Antananarivo defining
the tuna fishing opportunities and the financial contribution for the period
1 January 2004 to 31 December 2006, I have the honour to inform you that the
Government of the Republic of Madagascar is prepared to apply this Protocol on a
provisional basis with effect from 1 January 2004, pending its entry into force in
accordance with Article 7 of the said Protocol, provided the Community is prepared to
do likewise.
It is understood that, this being the case, the financial compensation provided for in
Article 2 of the Protocol is to be paid before 30 September 2004.
I should be obliged if you would confirm the Community's agreement to such
provisional application.
Please accept, Sir, the assurance of my highest consideration.
For the Government of the Republic of Madagascar
                                                 6
 ---pagebreak--- B. Letter from the Community
Sir,
I have the honour to acknowledge receipt of your letter of today's date which reads as
follows:
"With reference to the Protocol initialled on 8 September 2003 in Antananarivo defining
the tuna fishing opportunities and the financial contribution for the period
1 January 2004 to 31 December 2006, I have the honour to inform you that the
Government of the Republic of Madagascar is prepared to apply this Protocol on a
provisional basis with effect from 1 January 2004, pending its entry into force in
accordance with Article 7 of the said Protocol, provided the Community is prepared to
do likewise.
It is understood that, this being the case, the financial compensation provided for in
Article 2 of the Protocol is to be paid before 30 September 2004.
I should be obliged if you would confirm the Community's agreement to such
provisional application."
I have the honour to confirm the Community's agreement to such provisional
application.
Please accept, Sir, the assurance of my highest consideration.
On behalf of the Council of the European Union
                                                 7
 ---pagebreak---                                       PROTOCOL
    defining for the period 1 January 2004 to 31 December 2006 the tuna fishing
opportunities and the financial contribution provided for in the Agreement between
 the European Economic Community and the Democratic Republic of Madagascar
                               on fishing off Madagascar
                                         Article 1
1.      Under Article 2 of the Agreement, licences authorising fishing in the Malagasy
        fishing zone shall be granted to 40 freezer tuna seiners and 40 surface longliners
        for a period of three years beginning on 1 January 2004.
        In addition, at the request of the Community, certain permits may be granted to
        other categories of fishing vessel under conditions to be defined within the Joint
        Committee referred to in Article 9 of the Agreement.
2.      Vessels flying the flag of a Member State of the European Community may fish
        for tuna in Madagascar's fishing zone only if they are in possession of a fishing
        licence issued under this Protocol in accordance with the arrangements
        described in the Annex.
                                         Article 2
1.      The financial contribution referred to in Article 7 of the Agreement shall be
        fixed at €825 000 per year (comprising €320 000 in financial compensation, to
        be paid not later than 30 September for the first year and 30 April for the second
        and third years, and €505 000 for the measures referred to in Article 3 of this
        Protocol).
        However, the financial compensation to be paid for the first year of application
        of the Protocol (1 January 2004 to 31 December 2004) shall be €196 385
        following deduction of the amount already paid under the preceding Protocol in
        respect of the period 1 January 2004 to 20 May 2004.
2.      The financial contribution shall cover an annual catch of 11 000 tonnes of tuna
        in Malagasy waters; if the tuna caught by Community vessels in the Malagasy
        fishing zone exceeds this weight, the amount referred to above shall be
        proportionately increased. However, the total amount of the financial
        contribution paid by the Community shall not be more than twice the amount
        indicated in paragraph 1.
3.      The financial compensation shall be paid into an account opened with the Public
        Treasury, to be specified by the Malagasy authorities.
                                         Article 3
1.      In order to guarantee the development of sustainable, responsible fisheries, the
        two parties shall in their mutual interest encourage a partnership aimed at
                                               8
 ---pagebreak---    promoting in particular: enhanced knowledge of fisheries resources and
   biological resources, fisheries inspection, development of non-industrial fishing,
   fishing communities and training.
2. From the financial contribution provided for in Article 2(1), the measures set out
   below shall be funded to the tune of €505 000 per year, broken down as follows:
   (a)    €90 000 for Malagasy scientific programmes to improve knowledge of
          fisheries resources and ensure sustainable management thereof. At the
          request of the Government of Madagascar, this contribution may take the
          form of assistance with expenses associated with international meetings to
          improve such knowledge, as well as management of fisheries resources.
   (b)    €267 000 towards a system of fisheries monitoring, inspection and
          surveillance.
   (c)    €60 000 for the financing of study grants and training courses and for the
          training of seamen.
   (d)    €68 000 for assistance with the development of traditional fisheries.
   (e)    €20 000 towards the management of observers.
3. The amounts referred to in points (a), (b), (d) and (e) shall be paid to the
   Ministry responsible for fisheries after a detailed annual programme, including a
   schedule and the objectives set for each of these targeted measures, has been
   presented to the European Commission and no later than 30 September 2004 for
   the first year and 30 April for the second and third years; they shall be paid into
   the bank accounts of the relevant Malagasy authorities. The annual programme
   must reach the European Commission by 31 July 2004 for the first year and by
   28 February for the following years. However, for the first year, the programme
   must cover only the period 21 May 2004 to 31 December 2004.
   The European Commission reserves the right to request the Ministry responsible
   for fisheries for any additional information which may be considered necessary.
4. The amounts referred to at (c) shall be disbursed to the Ministry responsible for
   fisheries and paid, as the funds are used, into the bank accounts indicated by it.
5. The relevant Malagasy authorities shall send the European Commission an
   annual report on the use of the funds allocated to the measures provided for in
   paragraph 2 above, and on the implementation of those measures and the results
   achieved, not later than 31 March of the following year. The European
   Commission reserves the right to request the Ministry responsible for fisheries
   for any additional information. In the light of the actual implementation of those
   measures and after consulting the relevant Malagasy authorities in the context of
   a meeting of the Joint Committee provided for in Article 9 of the Agreement, the
   European Commission may review the payments concerned.
                                          9
 ---pagebreak---                                           Article 4
Should the European Community fail to make the payments provided for in Articles 2
and 3, Madagascar may suspend the application of this Protocol.
                                          Article 5
If serious circumstances, with the exception of natural phenomena, prevent the exercise
of fishing activities in Madagascar's fishing zone, payment of the financial contribution
may be suspended by the European Community following prior consultations between
the two parties.
Payment of the financial contribution shall be resumed as soon as normality is restored
and after consultations between the two parties confirm that the situation is likely to
permit a return to fishing activities.
The validity of the licences granted to Community vessels under Article 4 of the
Agreement shall be extended by a period equal to the period during which fishing
activities were suspended.
                                          Article 6
The Annex to the Agreement between the European Economic Community and the
Democratic Republic of Madagascar on fishing off Madagascar is hereby repealed and
replaced by the Annex to this Protocol.
                                          Article 7
This Protocol shall enter into force on the date of its signing.
It shall apply from 1 January 2004.
                                                10
 ---pagebreak---                                           ANNEX
   CONDITIONS GOVERNING TUNA-FISHING ACTIVITIES BY EUROPEAN
          COMMUNITY VESSELS IN THE MALAGASY FISHING ZONE
1.       LICENCE APPLICATION AND ISSUING FORMALITIES
The procedure for applying for and issuing licences authorising European Community
vessels to fish in Malagasy waters shall be as follows:
(a)      Through its representative in Madagascar, the European Commission shall
         present simultaneously to the Malagasy authorities:
         – a licence application for each vessel, completed by owners wishing to fish
             under this Agreement, no later than 1 December preceding the year of
             validity of the licence.
             By way of derogation from the above provision, vessel-owners who have not
             submitted a licence application prior to 1 December may do so during the
             calendar year under way no later than 30 days before the start of the fishing
             activities. In such cases, vessel owners shall pay the entire fees due for the
             full year in accordance with point 2(b).
         – an annual application for prior authorisation to enter Malagasy territorial
             waters; such authorisation shall be valid for the duration of the licence.
         Licence applications shall be made on the form provided by Madagascar for this
         purpose, in accordance with the specimen given in Appendix 1; they shall be
         accompanied by proof of payment of the advance chargeable to the vessel-
         owner.
(b)      Licences shall be issued for a specific vessel and shall not be transferable.
         However, at the request of the European Commission and in cases of force
         majeure, a vessel's licence shall be replaced by a new licence for another vessel
         whose features are similar to those of the vessel to be replaced. The owner of the
         vessel being replaced shall return the cancelled licence to the Malagasy Ministry
         responsible for sea fisheries via the European Commission Delegation in
         Madagascar.
         The new licence shall indicate:
         – the date of issue,
         – the fact that it invalidates and replaces the licence of the previous vessel.
         No fee as laid down in Article 5 of the Agreement shall be due for the unexpired
         period of validity.
(c)      The Malagasy authorities shall send the licence to the European Commission
         representative in Madagascar.
                                                11
 ---pagebreak--- (d) Licences shall be kept on board at all times; however, on receipt of the advance
    payment notification sent by the European Commission to the Malagasy
    authorities, vessels shall be entered on a list of vessels authorised to fish, which
    shall be sent to the Malagasy authorities responsible for fisheries inspection. A
    copy of the said licence may be obtained by fax pending arrival of the licence
    itself; that copy shall be kept on board.
(e) Owners of tuna vessels shall be represented by an agent in Madagascar.
(f) Before the Protocol enters into force, the Malagasy authorities shall send the
    European Commission Delegation in Madagascar full details of the bank
    accounts to be used for the payment of fees and advances.
2.  VALIDITY OF LICENCES AND PAYMENT OF FEES
(a) Notwithstanding Article 4(4) of the Agreement, licences shall be valid for a
    period of one calendar year, from 1 January to 31 December. They shall be
    renewable. However, for the first year of application of the Protocol
    (1 January 2004 to 31 December 2004), where on 1 January 2004 a vessel has a
    licence issued under the preceding Protocol which is due to expire on
    20 May 2004, that licence shall remain valid until that date.
(b) The fee shall be €25 per tonne caught in waters under Malagasy jurisdiction.
    Licences shall be issued in return for the advance payment to the Malagasy
    Treasury of an annual sum of €2 800 per tuna seiner, €1 750 per surface
    longliner of more than 150 GRT and €1 200 per surface longliner of 150 GRT or
    less. These advances correspond to the duties payable in respect of annual
    catches of 112 tonnes, 70 tonnes and 48 tonnes respectively in the Malagasy
    fishing zone.
    However, for the first year of application of the Protocol (1 January 2004 to 31
    December 2004), where on 1 January 2004 a vessel has a licence issued under
    the preceding Protocol which is due to expire on 20 May 2004, the advances for
    the unexpired period of that first year (21 May 2004 to 31 December 2004) shall
    be as follows:
    – for tuna seiners: €1 720;
    – for surface longliners of more than 150 GRT: €1 091;
    – for surface longliners of 150 GRT or less: €735.
3.  CATCH DECLARATION AND STATEMENT OF FEES
(a) Vessels authorised to fish in Madagascar's fishing zone under this Agreement
    shall send information about their catches to Madagascar's Fisheries
    Surveillance Centre through the European Commission Delegation in
    Madagascar, in accordance with the following procedure:
                                           12
 ---pagebreak---          Tuna seiners and surface longliners shall complete a fishing form corresponding
         to the specimen given in Appendix 2 for each period spent fishing in
         Madagascar's fishing zone. The forms shall be sent to the relevant authorities
         referred to above no later than 31 March of the year following the year for
         which the licences were valid.
         Forms must be completed legibly and be signed by the skipper of the vessel. In
         addition, they must be completed by all vessels which have obtained a licence,
         even if they have not fished.
(b)      The statement of the fees due for the past calendar year shall be drawn up by the
         European Commission by 30 June of the year following the year for which the
         licences were valid, after deducting the advances and fees indicated in point 2(b)
         above. This statement of fees shall be drawn up using the catch statement based
         on the catch declarations made by each vessel-owner. The catch statement must
         be confirmed by the scientific institutes responsible for checking catch data in
         the Member States of the European Community, such as the Institut de
         Recherche pour le Développement (IRD), the Institut Français de Recherche et
         d’Exploitation de la Mer (IFREMER), the Instituto Español de Oceanografía
         (IEO), the Instituto Português de Investigação Marítima (IPIMAR) and the
         relevant Malagasy institute, the Antsiranana Tuna Statistical Unit (USTA).
         The statement of fees drawn up by the European Commission shall be
         forwarded to Madagascar's Fisheries Surveillance Centre for confirmation. The
         Surveillance Centre shall have 30 days to notify any reaction.
         After that time, the statement of fees shall be forwarded to the vessel-owners.
         In the event of a dispute, the parties shall hold consultations within the Joint
         Committee provided for in Article 9 of the Agreement to establish the final
         statement of fees, which shall then be sent to the vessel-owners.
         Vessel-owners shall make any additional payments to the Malagasy fisheries
         authorities within 30 days of notification of the final statement of fees.
         Where the statement of fees is lower than the advance referred to in 2(b) above,
         the resulting balance shall not be reimbursed to the vessel-owner.
4.       COMMUNICATIONS
Skippers shall notify Madagascar's Fisheries Surveillance Centre, at least three hours in
advance, by radio (dual frequency 8755 Tx 8231 Rx USB), by fax (261 - 20 - 22 49014)
or by e-mail (csp-mprh@dts.mg) with confirmation, of their intention to bring their
vessel into or take it out of Madagascar's fishing zone.
When giving notification of their intention to enter the fishing zone, they shall also report
the estimated quantities of catches on board, even when no catches have been made.
Finally, when notifying their intention to leave, they shall report on the estimated catches
taken during the time they spent in the Malagasy fishing zone.
                                                13
 ---pagebreak--- Radio transmissions shall be made during the working hours and days applicable in
Madagascar.
These requirements shall also apply to Community fishing vessels intending to unload at
any Malagasy port.
5.        OBSERVERS
At the request of the Ministry responsible for fisheries, tuna seiners and surface
longliners shall take an observer on board, who shall be treated as an officer. The time
spent on board by observers shall be fixed by the Ministry responsible for fisheries, but,
as a general rule, it should not exceed the time required to carry out their duties. The
observers' specific activities are set out in Appendix 3.
The conditions governing their embarkation shall be defined by the Ministry responsible
for fisheries, represented by Madagascar's Fisheries Surveillance Centre.
Vessel-owners or their agents shall inform Madagascar's Fisheries Surveillance Centre at
least two days in advance of their vessel's arrival in a Malagasy port with a view to
taking the observer on board.
Vessel-owners shall, via their agents, make a payment of €20 to the Malagasy
Government (Madagascar's Fisheries Surveillance Centre) for each day spent by each
observer on board a tuna seiner or surface longliner.
The cost of approaching the Malagasy port of embarkation shall be borne by the
Malagasy Government. The cost of taking observers on board and putting them ashore
outside Madagascar shall be borne by the vessel-owners. Observers may be taken on
board up to 30% of the Community vessels operating in Madagascar's fishing zone. The
time spent by observers on board shall depend on the length of the trip in that zone. If a
Community vessel fails to go to a Malagasy port to take an observer on board,
embarkation shall be carried out using a patrol vessel of Madagascar's Fisheries
Surveillance Centre.
The spot where the observer is to be transferred and the associated approach costs shall
be agreed with Madagascar's Fisheries Surveillance Centre, the costs being borne by the
vessel-owner.
Transfer of the observer on to another vessel at sea shall be agreed between the skipper
of the vessel and the Madagascar Fisheries Surveillance Centre.
If the observer is not present at the time and place agreed and during the 12 hours
following the time agreed, vessel-owners shall be automatically absolved of their
obligation to take the observer on board. If the vessel is delayed in getting under way, the
vessel-owner shall bear the observer's board and lodging costs until the time of actual
embarkation.
                                                 14
 ---pagebreak--- 6.      SIGNING-ON OF SEAMEN
(a)     At least forty Malagasy seamen shall be employed by the fleet of tuna seiners
        and surface longliners for the duration of the fishing season in the Malagasy
        fishing zone. The wages of the seamen employed shall be agreed between the
        vessel-owners' agents and the seamen concerned. The wages must cover
        social security benefits.
        The employment contracts of those seamen shall be concluded between the
        agents and the seamen concerned.
        A detailed list of the Malagasy seamen signed on (with their names, period of
        employment, wages, etc.) shall reach the Ministry responsible for fisheries no
        later than 31 January of the year following that for which the licence was valid.
        If the fleet of tuna seiners and surface longliners is unable to employ a total of
        forty seamen, vessel-owners who have not signed on seamen shall be obliged to
        pay compensation for the seamen not employed; the amount of the
        compensation, which shall be payable for the duration of the fishing season in
        the Malagasy fishing zone, shall be set by the Joint Committee provided for in
        Article 9 of the Agreement. That sum shall be used to train Malagasy fishermen
        and shall be paid into an account whose number shall be notified to the agents,
        with a copy being sent to the European Commission Delegation in Madagascar.
(b)     The 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.
        Local seamen's employment contracts, a copy of which shall be given to the
        signatories, shall be drawn up between the vessel-owners' representative(s) and
        the seamen and/or their trade unions or their representatives in consultation with
        the responsible local authorities. These contracts shall guarantee the seamen the
        social security cover applicable to them, including life assurance and sickness
        and accident insurance. The wage conditions granted to local seamen/fishermen
        shall not be lower than those applied to Malagasy crews and shall under no
        circumstances be below ILO standards.
        Where the employer is a local company, the employment contract shall specify
        the name of the vessel-owner and the name of the flag State.
        Furthermore, vessel-owners shall guarantee local seamen who are recruited
        living and working conditions similar to those enjoyed by the EU seamen.
7.      FISHING ZONES
Community vessels shall have access to all waters under Madagascar's jurisdiction
beyond twelve nautical miles from the coastline.
                                               15
 ---pagebreak--- Should the Ministry responsible for fisheries decide to install experimental fish
concentration devices, it shall inform the European Commission and the agents of the
vessel-owners concerned, indicating the geographical position of the devices.
From the thirtieth day after such notification, it shall be forbidden to go within 1.5
nautical miles of those devices. The dismantling of any experimental devices must be
reported to the same parties immediately.
8.       INSPECTION AND SURVEILLANCE OF FISHING ACTIVITIES
Vessels holding a licence shall allow on board any officials duly authorised by the
Republic of Madagascar to inspect and monitor fishing activities and shall assist them in
the accomplishment of their duties.
9.       SATELLITE MONITORING
Since the Republic of Madagascar has introduced a Vessel Monitoring System (VMS)
for its own fleet and intends to extend this system on a non-discriminatory basis to all
vessels fishing in its fisheries zone, and Community vessels have been subject to satellite
monitoring wherever they operate under Community legislation since 1 January 2000, it
is recommended that the national authorities of the flag States and of the Republic of
Madagascar should monitor by satellite as follows vessels fishing under the Agreement:
(1)      For the purposes of satellite monitoring, the Malagasy authorities have
         communicated to the Community the coordinates (latitudes and longitudes) of
         Madagascar's fishing zone (Table I). The map relating to the table of coordinates
         is attached in Appendix 4.
         The Malagasy authorities shall transmit this information in electronic form,
         expressed in decimal degrees, to the WGS-84 datum system.
(2)      The parties shall exchange information on X.25 addresses and the specifications
         for electronic communications between their Control Centres in accordance with
         the conditions laid down in points 4 and 6. Such information shall include the
         following wherever possible: names, telephone, telex and fax numbers, and e-
         mail addresses (Internet or X.400) which may be used for general
         communications between Control Centres.
(3)      The position of vessels shall be determined with a margin of error of less than
         500 metres and a confidence interval of 99%.
(4)      When a vessel which is fishing under the Agreement and is the subject of
         satellite-based monitoring pursuant to Community legislation enters a fishing
         zone of the Republic of Madagascar, the subsequent position reports shall
         immediately be transmitted by the Control Centre of the flag State to
         Madagascar's Fisheries Surveillance Centre at intervals of no more than one
         hour (longitude, latitude, course and speed). The messages concerned shall be
         identified as Position Reports.
                                              16
 ---pagebreak--- (5)  The messages specified in point 4 shall be transmitted electronically in X.25
     format, without any further protocol. They shall be communicated in real time in
     the format set out in Table II.
(6)  Where the continuous satellite-monitoring equipment installed on board a
     fishing vessel develops a technical fault or breaks down, the skipper of the
     vessel shall transmit the information specified in point 4 to the Control Centre of
     the flag State in good time. In such circumstances, a global Position Report shall
     be sent at 6.00, 12.00 and 18.00 (Madagascar time) while the vessel is in the
     Malagasy fishing zone. This global position report shall include the position
     reports as registered by the skipper of the vessel on an hourly basis in
     accordance with the requirements laid down in point 4.
     The Control Centre of the flag State or the fishing vessel shall send these
     messages immediately to the Fisheries Surveillance Centre. The defective
     equipment shall be repaired or replaced as soon as the vessel completes its
     fishing trip or within one month at the latest. After this deadline, the vessel in
     question may not undertake any further fishing trips until the equipment has
     been repaired or replaced.
(7)  The Control Centres of the flag States shall monitor the movements of their
     vessels in Malagasy waters at two-hourly intervals. If the vessels are not being
     monitored in accordance with the conditions laid down, the Fisheries
     Surveillance Centre shall be informed immediately and the procedure laid down
     in point 6 shall be applicable.
(8)  If the Fisheries Surveillance Centre establishes that the flag State is not
     transmitting the information specified in point 4, the other party shall be
     informed immediately.
(9)  The surveillance data communicated to the other party in accordance with these
     provisions is intended solely for the purposes of the Malagasy authorities in
     controlling and monitoring the Community fleet fishing under the
     EC/Madagascar Fisheries Agreement. Such data may not under any
     circumstances be communicated to other parties.
(10) The parties agree to take all necessary steps to meet the message requirements
     laid down in points 4 and 6 as soon as possible, and in no case later than six
     months after these provisions enter into force.
(11) The parties agree to exchange upon request information on the equipment used
     for satellite monitoring, in order to ensure that each piece of equipment is fully
     compatible with the requirements of the other party for the purposes of these
     provisions.
(12) Any dispute over the interpretation or application of these provisions shall be
     the subject of consultation between the parties within the Joint Committee
     provided for in Article 9 of the Agreement.
                                            17
 ---pagebreak---                                   Table I
 Coordinates (latitudes and longitudes) of the Madagascar fishing zone
                      (see also map in Appendix 4)
              Coordinates in decimal          Coordinates in degrees and
                      degrees                           minutes
Ref              X                 Y               X               Y
 A             49.40             -10.3         49°24’ E         10°18’ S
 B               51              -11.8          51°0’ E         11°48’ S
 C              53.3             -12.7         53°18’ E         12°42’ S
 D              52.2             -16.3         52°12’ E         16°18’ S
 E              52.8             -18.8         52°48’ E         18°48’ S
 F               52              -20.4          52°0’ E         20°24’ S
G              51.8              -21.9         51°48’ E         21°54’ S
H              50.4              -26.2         50°24’ E         26°12’ S
 I             48.3              -28.2         48°18’ E         28°12’ S
 J             45.4              -28.7         45°24’ E         28°42’ S
K              41.9              -27.8         41°54’ E         27°48’ S
 L              40.6              -26          40°36’ E         26°0’ S
M              41.8              -24.3         41°48’ E         24°18’ S
 N              41.6             -20.8         41°36’ E         20°48’ S
O              41.4              -19.3         41°24’ E         19°18’ S
 P              43.2             -17.8         43°12’ E         17°48’ S
Q              43.4              -16.9         43°24’ E         16°54’ S
 R             42.55             -15.6         42°33’ E         15°36’ S
 S             43.15            -14.35          43°9’ E         14°21’ S
 T               45              -14.5          45°0’ E         14°30’ S
 U              46.8             -13.4         46°48’ E         13°24’ S
 V              48.4             -11.2         48°24’ E         11°12’ S
                                       18
 ---pagebreak---                                                 Table II
               COMMUNICATION OF VMS MESSAGES TO MADAGASCAR
                                         POSITION REPORT
Data element                Code Mandatory/ Remarks
                                     Optional
Start record                  SR         M       System detail - indicates start of record
Recipient                    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 IR            O       Vessel detail. Unique contracting party number as flag
reference number                                 State ISO-3 code followed by number)
External registration        XR          O       Vessel detail; number marked on side of vessel
number
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 DDDMM (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: ISO8859.1
     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.
                                                      19
 ---pagebreak--- 10.      TRANSSHIPMENT
When fish are transshipped, freezer tuna seiners shall hand over the fish which they do
not intend to keep to a company or body appointed by the Malagasy fisheries authorities.
11.      SUPPLY OF SERVICES
Community vessel-owners operating in the Malagasy fishing zone shall practise positive
discrimination in favour of Malagasy services (careening, handling, fuel-oil bunkering,
consignment, etc.).
The Madagascar authorities shall define the terms for the use of port facilities together
with the beneficiaries of the Agreement.
12.      PENALTIES
Any breach of this Protocol or of Malagasy fisheries legislation shall be penalised in
accordance with the Malagasy laws and regulations in force.
The European Commission shall be informed in writing within forty-eight hours at the
latest of any penalty imposed on any Community vessel, and of all the relevant facts
concerning the case.
13.      BOARDING OF VESSELS
(a)      Transmission of information
         The Malagasy Ministry responsible for fisheries shall inform the European
         Commission Delegation and the flag State in writing, within 48 hours, of the
         boarding of any Community fishing vessel operating under the Agreement in
         Madagascar's fishing zone and shall transmit a brief report of the circumstances
         and reasons leading to such boarding. The European Commission Delegation
         and the flag State shall also be kept informed of any proceedings initiated and
         penalties imposed.
(b)      Settlement of boarding
         In accordance with the law on fisheries and the relevant regulations,
         infringements may be settled:
         – either through a compromise procedure, in which case the amount of the fine
            shall be determined in accordance with Malagasy legislation laying down
            minimum and maximum figures;
         – or by legal proceedings, if no compromise settlement was possible, in
            accordance with Malagasy law.
(c)      The vessel shall be released and its crew authorised to leave the port:
                                               20
 ---pagebreak---          – either as soon as the obligations imposed by the compromise procedure have
             been completed on presentation of the receipt for the settlement, or
         – on presentation of proof that a bank security has been lodged, pending
             completion of the legal proceedings.
14.      ENVIRONMENTAL PROTECTION
In the interests of the environment, the two parties undertake to introduce the following
measures:
– no vessel may spill oil or derivatives thereof into the Malagasy fishing zone, or throw
   plastic materials or household waste into that zone;
– responsible fisheries, rational management and the preservation of tuna stocks shall be
   promoted within the IOTC;
– protected and prohibited species, such as whales, dolphins, turtles and sea birds, may
   not be caught.
The European Community shall be entrusted with the task of notifying the Ministry
responsible for fisheries of any environmentally-unfriendly act committed by any vessel
fishing in the Malagasy fishing zone.
                                               21
 ---pagebreak---                                                            Appendix 1
                             APPLICATION FORM FOR A FISHING LICENCE
1.        New application or renewal: ...................……………………………………………….
2.        Name of vessel and flag: ………………………………………………………………......……
3.        Period of validity: from ...................................... to .....................................................................
4.        Name of vessel-owner: ………………………………………….....……………………………
5.        Address and fax no. of vessel-owner: ...........................................…………................................
……………………………………………………………………………………………………………
6.        Name and address of charterer (if different from 4 and 5): ..........................................…………
……………………………………………………………………………………………………………
7.        Name and address of official representative in Madagascar: ...........................................………
……………………………………………………………………………………………………………
8.        Name of skipper of vessel: …………………………………...................………………………
9.        Type of vessel: ..............................................................................................................................
10.       Registration number: ……………………………………………………………………………
11.       External identification of vessel: ..................................................................................................
12.       Port and country of registration: ………………………………....……………………………
13.       Overall length and breadth of vessel: ...........................................................................................
14.       Gross and net tonnage of vessel: ………….………………………………….............................
15.       Make and power of main engine: .................................................................................................
16.       Freezing capacity (t/d):..................................................................................................................
17.       Hold capacity (m³): ......................................................................................................................
18.       Radio call sign and frequency: .....................................................................................................
19.       Other communications equipment (telex, fax): …………………………………………………
20.       Fishing gear: …………………………………………………………………………………….
……………………………………………………………………………………………………………
21.       Crew numbers, broken down by nationality: ……………………………………………....……
………………………………………………………………...…………………………………
22.       Fishing licence No (in the event of a renewal, attach licence):
…..................................................………………………………………………………………………..
                                                                    22
 ---pagebreak--- I, the undersigned,................................................, certify that the above information is correct
and undertake to comply therewith.
………………………………………………                                                             …………………………….
(Stamp and signature of vessel-owner)                                                (Date)
                                                              23
 ---pagebreak---                                                                                                                                                            Appendix 2
                                                                                                                                                  FORM FOR CATCH DECLARATIONS
                                                                                                                                                                                                                                                                                             Longline
                                                                                                                                                                                                                                                                                             Live bait
                                                                                                                                                                                                                                                                                             Purse seine
Vessel name:……………………………………………………………………                                                                Gross registered tonnage: …………………………………..........                                                Month     Day       Year                   Port
                                                                                                                                                                                                                                                                                             Trawl
                                                      ………………………………………………….............................
Flag State:                                           Capacity - (M.T.): ……………………………………………..           Vessel DEPARTED:
……………………………………………………………………...........................                                                                                                                                                                                                                                        Outros (Others)
Registration number:                                        Skipper: ………………………………………………………..
………………………………………………………………...................................                                               Vessel
Vessel-owner: …………………………………………………………                        Number of crew:                               RETURNED:
                                                            ….…………………………………………………........................
Address: …………………………………………………………………………. Reporting date: ……………………………………………….
                                                                                                      (Reported by):
                                                                                                      ……………………………………………….................................                                                       Number of fishing days:
                                                                                                                                                                                                                                                                     Fishing trip No:
                                                                                                                                                                                 Number of days at
                                                                                                                                                                                 sea:                           No of hauls:
                                                                                                                                                                                                                                                                                                                        Isco usado na pesca
                                        Area                                                                                                                                              Capturas (Catches)
Date                                                                                                                                                                                                                                                                                                                        (Bait used)
                                                           Surface   Fishing effort                                                          (Albacore)       (Swordfish)          (Striped marlin)    (Black marlin)          (Sailfish)             Skipjack
                                                                                       Bluefin tuna      Yellowfin        (Bigeye tuna)
                                               Longitude
                                                            water                                                                                                                   (White marlin)                                                                                          Daily total
                         Latitude N/S
                                                                                                           tuna
                                                                                                                                                                                                                                                                                                                               Live bait
                                                            temp.    No of hooks
                                                                                                                                                                                                                                                                                                               Saury   Squid
                                                                                                                                                                                                                                                                      (Miscellaneous
                                                    E/W
Month       Day                                              (ºC)       used            Thunnus                                                                                                                                                                            fish)                                                           (Other)
                                                                                       Thynnus or         Thunnus            Thunnus         Thunnus           Xiphias              Tetraptunus          Makaira        Istiophorus albicane    Katsuwonus                                 (weight in kg
                                                                                        maccoyi          albacares            obesus         alalunga          gladius            audax or albidus        indica            or platypterus       pelamis                                      only)
                                                                                      No   Weight       No      kg      No        kg        No kg           No     kg            No         kg        No       kg       No          Kg       No     kg               No        kg        No          kg
                                                                                           (kg)
QUANTITIES LANDED (IN KG)
Notes
1 - Use one sheet per month and one line per day.                                          3 - "Day" means the day when the longline is set in place.                                       5 - The last line (quantities landed) should be completed only at the end of the trip. The
                                                                                                                                                                                            real weight at the time of landing must be indicated.
2 - At the end of each trip, forward a copy of the log to your correspondent               4 - Fishing area refers to the position of the vessel. Round off minutes and record
or to the ICCAT, Calle Corazón de María, 8, 28002 Madrid. Spain.                           degree of latitude and longitude. Be sure to record N/S and E/W .                                6 - All information reported herein will be kept strictly confidential
                                                                                                                                                                      24
 ---pagebreak---                                            Appendix 3
                             EMBARKATION OF OBSERVERS
Tuna seiners and surface longliners authorised to fish in the Malagasy fishing zone shall take
on board an observer from the Fisheries Surveillance Centre holding a professional identity
card and a seaman's licence. The time spent on board by observers shall be fixed by
Madagascar's Fisheries Surveillance Centre, but, as a general rule, it should not exceed the
time required to carry out their duties.
While on board, observers shall:
         1.    observe, record and report on the fishing activities of vessels in the Malagasy
               fishing zone;
         2.    verify the position of vessels engaged in fishing operations;
         3.    perform biological sampling in the context of scientific programmes;
         4.    note the fishing gear used;
         5.    collect the catch data for the fishing zone during their time on board;
         6.    take all appropriate steps to ensure that the conditions under which they are
               taken on board and their presence on board do not interrupt or hamper fishing
               activities;
         7.    respect the material and equipment on board and the confidentiality of any
               document belonging to the said vessel,
         8.    draw up a report on the trip and send it to Madagascar's Fisheries Surveillance
               Centre, and send a copy to the European Commission Delegation.
To that end, the owners and skippers of fishing vessels must:
         1.    allow observers to board the vessel to carry out their tasks and remain on board
               the vessel during the period specified in the request;
         2.    provide a suitable working environment, including a table with adequate
               lighting;
         3.    supply the information they possess on fishing activities in Madagascar's
               fishing zone;
         4.    give the vessel's position (longitude and latitude);
         5.    send or receive messages, or allow messages to be sent and received, using the
               means of communication on board the vessel;
         6.    provide access to all parts of the vessel where fishing, processing and storage
               take place;
         7.    allow samples to be taken;
                                                 25
 ---pagebreak--- 8.  provide suitable storage facilities for samples, without prejudice to the vessel's
    storage capacity;
9.  provide assistance in examining and measuring the fishing gear on board the
    vessel;
10. allow observers to remove the samples and documents obtained during their
    stay on board;
11. where observers remain on board the vessel for more than four hours at a time,
    provide them with food and accommodation on the same terms as the vessel's
    officers.
                                     26
 ---pagebreak--- 27 ---pagebreak--- APPENDIX 4: Malagasy fishing zone
Scale: 1: 14 000 000
12 nautical mile line                 French fishing zone
24 nautical mile line                 Malagasy fishing zone calculated
200 nautical mile line                using the equidistance method
                                      Proposed Malagasy fishing zone
                                      Reference points
Edition: September 2003                                                        kilometres
MALAGASY FISHING ZONE:
–        To the west: Madagascar fishing zone demarcated by French fishing zone
–        To the south and south-east: demarcated by 200 nautical mile line calculated from
         the coastline
–        To the north and east: demarcation of the fishing zone calculated using the
         equidistance method
–        Simplified demarcation using reference points
                                             28