CELEX: 52001PC0409
Language: en
Date: 2001-07-18
Title: Proposal for a Council Regulation on the conclusion of a protocol setting out the fishing opportunities and financial contribution provided for in the agreement between the European Economic Community and the Democratic Republic of Madagascar on fishing off Madagascar for the period from 21 May 2001 to 20 May 2004

Avis juridique important

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52001PC0409

Proposal for a Council Regulation on the conclusion of a protocol setting out the fishing opportunities and financial contribution provided for in the agreement between the European Economic Community and the Democratic Republic of Madagascar on fishing off Madagascar for the period from 21 May 2001 to 20 May 2004  /* COM/2001/0409 final - CNS 2001/0161 */  

Official Journal 270 E , 25/09/2001 P. 0251 - 0258

Proposal for a Council Regulation on the conclusion of a protocol setting out the fishing opportunities and financial contribution provided for in the agreement between the European Economic Community and the Democratic Republic of Madagascar on fishing off Madagascar for the period from 21 May 2001 to 20 May 2004(presented by the Commission)EXPLANATORY MEMORANDUMThe Protocol to the Fisheries Agreement between the European Community and Madagascar expired on 20 May 2001. A new Protocol was initialled by both parties on 12 March 2001 fixing the technical and financial conditions governing the fishing activities of Community vessels in Malagasy waters during the period 21 May 2001 to 20 May 2004.The Commission proposes, on this basis, that the Council adopt by Regulation the Protocol setting out the fishing opportunities and the relevant financial and technical conditions agreed between the European Community and Madagascar for the period from 21 May 2001 to 20 May 2004.A proposal for a Council Decision on the provisional application of the new Protocol pending its definitive entry into force is the subject of a separate procedure.2001/0161 (CNS)Proposal for a Council Regulation on the conclusion of a Protocol setting out the fishing opportunities and financial contribution provided for in the agreement between the European Economic Community and the Democratic Republic of Madagascar on fishing off Madagascar for the period from 21 May 2001 to 20 May 2004THE 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) and the first subparagraph of Article 300(3) thereof,Having regard to the proposal from the Commission,Having regard to the opinion of the European Parliament [1],[1]   OJWhereas:(1) Under the Agreement between the European Economic Community and the Democratic Republic of Madagascar on fishing off Madagascar [2], the two Parties conducted negotiations to determine the amendments or additions to be made to the Agreement at the end of the period of application of the Protocol to the Agreement.[2]   OJ L 73, 18.3.1986, p. 26.(2) As a result of these negotiations, a new Protocol setting out the fishing opportunities and financial contribution provided for in the said Agreement for the period from 21 May 2001 to 20 May 2004 was initialled on 12 March 2001.(3) It is in the Community's interest to approve the said Protocol;(4) 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,HAS ADOPTED THIS REGULATION:Article 1The Protocol setting out the fishing opportunities and financial contribution provided for in the Agreement between the European Economic Community and the Democratic Republic of Madagascar on fishing off Madagascar for the period from 21 May 2001 to 20 May 2004 is hereby approved on behalf of the Community.The text of the Protocol is attached to this Regulation.Article 2The fishing opportunities set out in the Protocol shall be allocated among the Member States as follows:(a) Tuna seiners:  Spain:  18 vesselsFrance  20 vesselsItaly:    2 vessels(b) Surface longliners: Spain:  23 vesselsFrance:  10 vesselsPortugal:   7 vesselsIf licence applications from these Member States do not cover all the fishing opportunities fixed by the Protocol, the Commission may take into consideration licence applications from any other Member State.Article 3The Member States whose vessels are fishing 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 2001 [3].[3]   OJ L 73, 15.3.2001, p. 8.Article 4The President of the Council is hereby authorised to designate the persons empowered to sign the Protocol in order to bind the Community.Article 5This Regulation shall enter into force on the day following its publication in the Official Journal of the European Communities.This Regulation shall be binding in its entirety and directly applicable in all Member States.Done at Brussels,For the CouncilThe PresidentPROTOCOLsetting out the fishing opportunities and financial contribution provided for in the Agreement between the European Economic Community and the Democratic Republic of Madagascar on fishing off Madagascar for the period from 21 May 2001 to 20 May 2004Article 1Under Article 2 of the Agreement, licences authorising fishing in Madagascar's fishing zone shall be granted to 40 freezer tuna seiners and 40 surface longliners for a period of three years beginning on 21 May 2001.In addition, at the request of the Community, authorisation may be granted for other categories of fishing vessel under conditions to be laid down in the Joint Committee referred to in Article 9 of the Agreement.Article 21. The financial contribution referred to in Article 7 of the Agreement shall be fixed at EUR 825 000 per year (comprising EUR 308 000 financial compensation, to be paid not later than 30 November each year, and EUR 517 000 for the measures referred to in Article 3 of this Protocol).2. The financial contribution is to cover an annual catch of 11 000 tonnes of tuna in Malagasy waters; if the tuna caught by Community vessels in Madagascar's fishing zone exceeds this weight, the amount referred to above shall be proportionately increased.3. The financial compensation shall be paid into an account to be indicated by the Malagasy authorities, in the name of the Public Treasury.Article 31. The measures set out below shall be financed from the financial contribution provided for in Article 2(1), to the amount of EUR 517 000 per year, broken down as follows:a) EUR 80 000 for Malagasy scientific programmes to improve knowledge of fisheries resources and ensure sustainable management thereof.b) 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 those species and the management of fishery resources.c) EUR 267 000 towards a system of fisheries monitoring, checks and surveillance.d) EUR 100 000 for the financing of study grants and training courses and for the training of sailors.e) ECU 70 000 for assistance in the development of traditional fisheries.2. The amounts referred to at (a), (b) and (d) shall be made available to the Ministry responsible for fisheries no later than 30 November each year and paid into the bank accounts of the competent Malagasy authorities.3. The amount referred to at (c) shall be made available to the Ministry responsible for fisheries and paid as it is used into the bank accounts indicated by it.4. The competent Malagasy authorities shall send the Commission of the European Communities an annual report on the use of the funds allocated to the measures provided for in paragraph 1 and on the implementation of these measures and the results achieved not later than three months after the anniversary date of the Protocol. The Commission of the European Communities reserves the right to request additional information from the Ministry responsible for fisheries. In the light of the actual implementation of these measures and after consulting the competent Malagasy authorities in the Joint Committee, the Commission of the European Communities may review the payments concerned.Article 4Should the Community not make the payments referred to in Articles 2 and 3 of this Protocol, the Fisheries Agreement may be suspended.Article 5Where severe circumstances not attributable to natural phenomena prevent fishing activities in Madagascar's fishing zone, the European Community may suspend payment of the financial contribution following prior consultations, where possible, between the two Parties.Payment of the financial contribution shall recommence once the situation returns to normal and following consultation between the two Parties confirming that the situation is likely to allow a return to normal fishing activities.Article 6The 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 7This Protocol shall enter into force on the date on which it is signed.It shall apply from 21 May 2001.ANNEXCONDITIONS GOVERNING FISHING ACTIVITIES BY COMMUNITY VESSELS IN MADAGASCAR'S FISHING ZONE1. APPLICATION FOR AND ISSUE OF LICENCESThe procedure for applying for and issuing licences authorising Community vessels to fish in Malagasy waters shall be as follows.(a) Through its representative in Madagascar, the Commission of the European Communities shall present to the Malagasy authorities:- at least 20 days before the beginning of the desired period of validity, a licence application completed by the shipowner for each vessel for which authorisation to fish under the Agreement is requested;- an annual application for prior authorisation to enter Madagascar's territorial waters; such authorisation shall be valid for the duration of the licence.Licence applications must 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 due from the shipowner.(b) Licences shall be issued for a specific vessel and shall not be transferable.However, in the event of force majeure, a licence for one vessel may be replaced by a new licence for another vessel of similar characteristics should the Commission of the European Communities so request. The owner of the vessel being replaced shall return the cancelled licence to the Malagasy Ministry with responsibility for sea fisheries via the Delegation of the Commission of the European Communities in Madagascar.The new licence shall indicate:- the date of issue,- the fact that it cancels and replaces the licence of the previous vessel.The fee provided for in Article 5 of the Agreement shall not be due for the remaining period of validity.(c)  The Malagasy authorities shall send licences to the representative of the Commission of the European Communities in Madagascar.(d)  Licences must be kept on board at all times; however, on receipt of notification of payment of the advance sent to the Malagasy authorities by the Commission of the European Communities, 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 boats must be represented by an agent in Madagascar.(f)  The Malagasy authorities shall give notice, before the Agreement enters into force, of the arrangements for payment of fees and advances, including information on bank accounts.2. VALIDITY OF LICENCES AND PAYMENT OF FEES(a)  Notwithstanding Article 4(4) of the Agreement, licences shall be valid for one year. They shall be renewable.(b)  The fee shall be EUR 25 per tonne caught in waters under Malagasy jurisdiction. Licences shall be issued on advance payment to the Malagasy Treasury of an annual sum of EUR 2 500 per tuna seiner, EUR 1 500 per surface longliner of more than 150 GRT and EUR 1 100 per surface longliner of 150 GRT or less. These amounts correspond to the duty due for annual catches of 100 tonnes, 60 tonnes and 44 tonnes, respectively, in Madagascar's fishing zone.3. STATEMENT OF CATCH AND STATEMENT OF FEES(a)  Vessels authorised to fish in Madagascar's fishing zone under the Agreement shall notify their catch statistics to Madagascar's Fisheries Monitoring Centre through the Delegation of the Commission of the European Communities in Madagascar, in accordance with the following procedure.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 competent authorities referred to above not later than 30 September each year.The forms must be filled in legibly and signed by the captain of the ship. In addition, they must be completed by all vessels which have obtained a licence, even if they have not fished.(b)  In the event of failure to comply with these provisions, the Malagasy authorities reserve the right to suspend the licence of the offending vessel until the formalities have been completed. In such cases, the Delegation of the Commission of the European Communities in Madagascar shall be informed without delay.(c)  At the end of each calendar year, the Commission of the European Communities shall draw up a final statement of the fees due in respect of the fishing year, taking into account the advances and fees indicated at 2(b) above. This statement shall be drawn up using the catch statement based on the declarations of catch drawn up by each shipowner. The statement of catch must be confirmed by the scientific institutes competent for verifying catch statistics such as the IRD (Office of Research and Development), IEO (Spanish Oceanographical Institute) or USTA (Antsiranana Tuna Statistical Unit).The final statement of fees drawn up by the Commission of the European Communities shall be forwarded to Madagascar's Fisheries Monitoring Centre for confirmation. The Monitoring Centre shall have 30 days in which to notify any reaction.After that time, the statement of fees shall be forwarded to the shipowners.In the event of a dispute, the Parties shall hold consultations to establish the final statement, which shall then be notified to the shipowners.Shipowners shall make any additional payments to the Malagasy fisheries authorities within 30 days of notification of the final statement.However, where the statement of fees is less than the advance referred to at 2(b) above, the balance shall not be recoverable by the shipowner.4. COMMUNICATIONSCaptains shall notify the Malagasy Fisheries Monitoring Centre, at least 24 hours in advance, by radio (dual frequency 8755 Tx 8231 Rx USB) or fax (261 - 20 - 22 49014), of their intention to bring their vessel into or take it out of Madagascar's fishing zone.When notifying their intention to leave, they shall also notify the estimated catches taken during the time their vessel has spent in Madagascar's fishing zone.Radio transmissions must be made during the working hours and days applicable in Madagascar.5. OBSERVERSAt 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 determined by the Ministry responsible for fisheries, represented by the Fisheries Monitoring Centre.Shipowners or their agents shall inform the Fisheries Monitoring Centre at least two days before their vessel arrives in a Malagasy port.Shipowners shall, via their agents, make a payment of EUR 17 to the Malagasy Government (Fisheries Monitoring Centre) for each day spent by an 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 aboard and putting them ashore outside Madagascar shall be borne by the shipowner.Observers may be taken on board up to 30% of Community vessels operating in Madagascar's fishing zone. The time spent by observers on board shall depend on the length of the trip in Madagascar's fishing zone.If the observer is not present at the time and place agreed and during the twelve hours following the time agreed, the shipowner shall be automatically absolved of the obligation to take the observer on board. If the vessel is delayed in getting under way, the shipowner shall bear the subsistence costs of the observer until the time of actual embarkation.6. EMPLOYMENT OF SEAMENAt least 40 Malagasy seamen shall be employed by the fleet of tuna seiners and surface longliners for the duration of the fishing season in Madagascar's fishing zone. The wages of the seamen employed shall be agreed by the shipowners' agents and the seamen concerned.  The wages must cover social security.The employment contracts for the seamen shall be concluded by the agents and the seamen concerned.If the fleet of tuna seiners and surface longliners is unable to employ 40 seamen, the shipowners shall be obliged to pay compensation for the seamen not employed of an amount to be set by the Joint Committee provided for in Article 9 of the Agreement for the duration of the fishing season. That sum is to be used to train Malagasy fishermen and shall be paid into an account whose number shall be notified to the agents.7. FISHING ZONESCommunity vessels shall have access to all waters under Madagascar's jurisdiction outside the coastal zone of twelve nautical miles.Should the Ministry responsible for fisheries decide to install experimental fish concentration devices (FCDs), 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 1.5 nautical miles of the FCDs. The dismantling of any FCD must be immediately notified to the same parties.8. USE OF PORT FACILITIESThe Malagasy authorities and the beneficiaries of the Agreement shall lay down the conditions for using port facilities.9. INSPECTION AND MONITORING OF FISHING ACTIVITIESVessels holding a licence shall permit and assist any officials duly authorised by the Republic of Madagascar responsible for inspecting and monitoring fishing activities to board the ship and carry out their duties.Community vessels fishing under to the Agreement shall be monitored by satellite under conditions agreed by the Parties.10. TRANSHIPMENTWhen fish are transshipped, freezer tuna seiners shall hand over the fish which they do not intend to keep to a company or body nominated by the Malagasy authorities in charge of fisheries.11. PROVISION OF SERVICESCommunity vessel owners operating in the Malagasy fishing zone shall practise positive discrimination in favour of Malagasy services (careening, handling, fuel-oil bunkering, consignment, etc.).12. PROCEDURE IN CASE OF BOARDING(a) Transmission of informationThe Malagasy Ministry responsible for fisheries shall inform the Delegation and the flag State, within 48 hours, of the boarding of any fishing vessel flying the flag of a Member State of the Community fishing under the Fisheries Agreement in Madagascar's fishing zone and shall transmit a brief report of the circumstances and reasons leading to such boarding. The Delegation and the flag State shall be kept informed of any proceedings initiated and penalties imposed.(b) Settlement of boardingIn accordance with the law on fisheries and the relevant regulations, infringements may be settled:- either by composition, 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 composition is possible, in accordance with Malagasy law.(c) The vessel shall be released and its crew authorised to leave the port:- either as soon as the obligations imposed by the composition 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.-Appendix 1APPLICATION FORM FOR A FISHING LICENCE1. New application or renewal:2. Name of vessel and flag:..............................................................................3. Period of validity: from .............................. to .............................................4. Name of shipowner: .................................................................................5. Address of shipowner: .................................................................. ..................................................................................................................6. Name and address of charterer (if different from 4 and 5):..........................................7. Name and address of official representative in Madagascar: ..................................................................................................................8.  Name of the captain of the vessel:........................................................................9. Type of vessel: .............................................................................................10.  Registration number: .......................................................................................11. Vessel's external identification:...........................................................................12. Port and country of registration: ........................................................................13. Overall length and breadth of vessel: ..................................................................14. Gross and net tonnage : .................................................................................15. Make and power of main engine: .....................................................................16. Freezer capacity (t/d): ....................................................................................17. Hold capacity (m³): .......................................................................................18. Radio call sign and frequency: ...........................................................................19. Other communications equipment (telex, fax): .........................................................20. Fishing appliances: .........................................................................................................................................................................................................21. Number of crew broken down by nationality: ...........................................................................................................................................................................22. Number of fishing licence (in the case of a renewal, attach licence): ........................ ..................................................................................................................I, the undersigned,................................................, certify that the above information is correct and undertake to comply therewith.......................................................    ..................................(Stamp and signature of shipowner)      (Date)Appendix 2&gt;TABLE POSITION&gt;Appendix 3EMBARKATION OF OBSERVERSTuna vessels and surface longliners authorised to fish shall take on board an observer of the Fisheries Monitoring Centre holding a professional identity card and a seaman's licence. The time spent on board by observers shall be fixed by the Fisheries Monitoring 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 the fishing activities of the vessels;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 all documents belonging to the vessel;8. draw up a report on the trip and send it to Madagascar's Fisheries Monitoring Centre, with a copy to the Delegation of the Commission of the European Communities.To that end, the shipowners and captains 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 desk 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 sampling;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 the observer to remove the samples and documents obtained during their stay on board;11. where the observer remains on board the vessel for more than four hours at a time, provide food and accommodation on the same terms as the vessels' officers.1. LEGISLATIVE FINANCIAL STATEMENTPolicy area(s): External aspects of certain Community policiesActivity(ies): International Fisheries AgreementsTitle of operation: New Protocol setting out the fishing opportunities and financial contribution under the EC/Madagascar Fisheries Agreement1. BUDGET LINE(S) + HEADING(S)B78000: International Fisheries Agreements2. OVERALL FIGURES2.1 Total allocation for action (Part B): EUR 2.475 million for commitment2.2 Period of application: 2001-2004(Year of commencement and expiry)2.3 Overall multiannual estimate of expenditure: EUR 2.475 million(a) Schedule of commitment appropriations/payment appropriations (financial intervention) (see point 6.1.1)EUR million (to three decimal places)&gt;TABLE POSITION&gt;(b) Technical and administrative assistance and support expenditure(see point 6.1.2)&gt;TABLE POSITION&gt;&gt;TABLE POSITION&gt;(c) Overall financial impact of human resources and other administrative expenditure (see points 7.2 and 7.3)&gt;TABLE POSITION&gt;&gt;TABLE POSITION&gt;2.4 Compatibility with financial programming and the financial perspectiveX Proposal compatible with existing financial programming.( This proposal will entail reprogramming of the relevant heading in the financial perspective.( This may entail application of the provisions of the Interinstitutional Agreement.2.5 Financial impact on revenue:X No financial implications (involves technical aspects regarding implementation of a measure)OR( Financial impact - the effect on revenue is as follows:Note: All details and observations pertaining to the method of calculating the effect on revenue should be included in a separate annex.EUR million (to one decimal place)&gt;TABLE POSITION&gt;(Please state each budget line involved, adding the appropriate number of rows to the table if there is an effect on more than one budget line)3. BUDGET CHARACTERISTICS&gt;TABLE POSITION&gt;4. LEGAL BASIS- Article 37 of the Treaty, in conjunction with Article 300(2) and the first subparagraph of Article 300(3);- EC/Madagascar Fisheries Agreement (Council Regulation (EEC) No 780/86 of 24 February 1986)5. DESCRIPTION AND GROUNDS5.1 Need for Community intervention5.1.1 Objectives pursuedThe current Protocol to the Fisheries Agreement between the European Community and the Democratic Republic of Madagascar expires on 20 May 2001.The purpose of this renewal is to allow Community shipowners to continue fishing (in particular tuna) in Madagascar's exclusive economic zone (EEZ) in accordance with the arrangements set out in the Protocol initialled by the Commission, on behalf of the Community, and the Malagasy negotiators at the conclusion of the negotiations which took place at Antananarivo on 8 to 10 March 2001.5.1.2 Measures taken in connection with ex ante evaluationThe expired Protocol (1998/2001) has been evaluated by the relevant departments of the Commission's Fisheries DG.  This evaluation shows that average utilisation in terms of issue of licences was highly satisfactory for both tuna seiners (80%) and surface longliners (86%). (Total fishing opportunities under the 1998-2001 Protocol covered 45 tuna seiners and 30 surface longliners).In terms of catches, the average for the last three years (1998-2000) was 7 360 tonnes per year, compared with a reference weight estimated at 9 500 tonnes per year.5.2 Actions envisaged and arrangements for budget interventionThe Protocol initialled on 12 March 2001 provides for fishing opportunities for 40 tuna seiners and 40 surface longliners, i.e. five vessels more than under the previous Protocol (+6%).The reference weight is increased from 9 500 to 11 000 tonnes per year. This increase is justified by the catches recorded and the increase in fishing opportunities in terms of the number of vessels.The unit cost of each tonne of tuna caught is EUR 75 payable by the Community for the reference weight and EUR 25 payable by the shipowners (under the 1998-2001 Protocol the unit cost was EUR 80 for the Community and EUR 20 for the shipowners). [4][4]  The commercial value of tuna ranges from EUR 500 to EUR 1 000 per tonne depending on the species.Under the new Protocol (2001-04), the Community will this pay a total financial contribution of EUR 2 475 000 (over three years), as against EUR 2 280 000 under the 1998-2001 Protocol (i.e. an increase of 8.5%). Of that amount, 62.6% (EUR 1 551 000) will go towards financing targeted measures aiming at developing the fisheries sector in Madagascar (financing scientific programmes, assisting fisheries, monitoring, control and inspection, financing grants and training courses and assisting traditional fisheries). These amounts will be made available to the Malagasy authorities in annual instalments.The financial compensation (EUR 308 000/year) will be paid before 30 November each year into an account to be indicated by the Malagasy authorities, in the name of the Public Treasury.Because tuna is such a highly migratory species, actual catches taken in a given zone can fluctuate greatly from one fishing year to the next.The catches taken by the Community fleet in the waters of a non-member country cannot therefore be known in advance.  Therefore, as in all other tuna agreements, the Community pays a fixed amount which is directly proportionate to an expected catch weight ("reference weight") calculated on the basis of the average catches recorded during previous years, adjusted where necessary according to the number of vessels authorised to fish.   If the expected catch weight is exceeded, an additional amount in proportion to the excess is paid by the Community. If the expected catch is not taken, the non-member country keeps the amount initially paid.The guidelines laid down by the Council for negotiating fisheries agreements with the ACP States specify that account must be taken of the Community's interest in maintaining or establishing fisheries relations with the countries concerned.5.3 Methods of implementationThe Commission is solely responsible for implementing the Protocol and will do so through its officials posted in both Brussels and its Delegation in Madagascar.6. FINANCIAL IMPACT6.1 Total financial impact on Part B - (over the entire programming period)6.1.1 Financial intervention   Commitments in EUR million (to three decimal places)&gt;TABLE POSITION&gt;6.2. Calculation of costs by measure envisaged in Part B (over the entire programming period)Commitments in EUR million (to three decimal places)&gt;TABLE POSITION&gt;(1) Total cost because the duration of the Protocol is three years.7. IMPACT ON STAFF AND ADMINISTRATIVE EXPENDITURE7.1. Impact on human resources&gt;TABLE POSITION&gt;7.2 Overall financial impact of human resources&gt;TABLE POSITION&gt;The amounts are total expenditure for twelve months.7.3 Other administrative expenditure deriving from the action&gt;TABLE POSITION&gt;The amounts are total expenditure for twelve months.(1) Specify the type of committee and the group to which it belongs.I. Annual total (7.2 + 7.3)II. Duration of actionIII. Total cost of action (I x II)  //  EUR 1 151 986Three yearsEUR 3 455 958It is impossible to quantify the impact of a protocol given the work load of the unit in the Fisheries DG responsible for this dossier.Renewing protocols under existing fisheries agreements is one of the unit's activities but does not in itself have a specific impact on administrative expenditure.If the protocol had not been concluded (initialled), this would equally have resulted in a significant work load and substantial expenditure on visits and meetings.8. FOLLOW-UP AND EVALUATION8.1 MonitoringThe financial compensation (EUR 308 000/year) is to be paid before 30 November each year into an account to be indicated by the Malagasy authorities, in the name of the Public Treasury. The Government of Madagascar is solely responsible for the use to which this compensation is put.The amounts allocated to financing the targeted measures (EUR 517 000) are to be made available to the Ministry responsible for fisheries in annual instalments on the basis of the breakdown in Article 3.1 of the Protocol. The amounts earmarked for financing study grants and training courses are to be paid as they are used.A report on the utilisation of the funds earmarked for the targeted measures must be submitted to the Commission not later than three months after the anniversary date of the Protocol. The Commission is entitled to request additional information and to review the payments concerned the light of the actual implementation of the measures.8.2 Details and frequency of planned evaluationsTo ensure that the Protocol is applied properly, the Community and Madagascar can meet whenever necessary to discuss any matter concerning implementation of the Protocol in a Joint Committee.Utilisation of the fishing opportunities is under permanent assessment in terms of both licences issued and catches.For the targeted measures, please see above.9. ANTI-FRAUD MEASURESSince the financial contributions are made by the Community in direct exchange for the fishing opportunities offered, the non-member country uses them for whatever end it chooses. However, it is required to report to the Community, as provided for in the Protocol, on the use of certain funds. All the measures provided for in Article 3 of the Protocol are subject to an annual report on their implementation and on the results achieved. The Commission reserves the right to request additional information on the results achieved and to review payments in the light of actual implementation of the measures.In addition, the Member States whose vessels operate under this Agreement must certify to the Commission the exactness of the data indicated in the tonnage certificates of the vessels so that the licence fees may be calculated on a guaranteed basis.The Protocol also requires Community shipowners to fill out catch statements (which must be transmitted to the Commission and the Malagasy authorities) which then serve as the basis for drawing up the final statement of catches under the Protocol and the corresponding fees.