Article 1 
The signing, on behalf of the Union, of the Protocol agreed between the European Union and the Republic of Madagascar setting out fishing opportunities and the financial contribution provided for in the Fisheries Partnership Agreement between the two parties currently in force ("the Protocol") is hereby authorised, subject to its conclusion. The text of the Protocol is attached to this Decision. Article 2 The President of the Council is hereby authorised to designate the person(s) empowered to sign the Protocol on behalf of the Union. Article 3 The Protocol shall be applied provisionally, in accordance with Article 15 thereof, from the date of its signature, and from 1 January 2013 at the earliest, pending the completion of the procedures for its conclusion. Article 4 This Decision shall enter into force on the date of its adoption. Done at Luxembourg, 28 November 2012. For the Council The President S. Aletraris [1] OJ L 15, 18.1.2008, p. 1. Protocol agreed between the European Union and the Republic of Madagascar setting out fishing opportunities and the financial contribution provided for in the Fisheries Partnership Agreement between the two parties currently in force Article 1 Period of application and fishing opportunities 1. For a period of two years, the fishing opportunities granted under Article 5 of the Fisheries Partnership Agreement ("the Agreement") shall be as follows: Highly migratory species (species listed in Annex 1 to the 1982 United Nations Convention on the Law of the Sea) with the exception of the Alopiidae and Sphyrnidae families, in addition to the following species: Cetorhinus maximus, Rhincodon typus, Carcharodon carcharias, Carcharhinus falciformis and Carcharhinus longimanus: (a) 40 tuna seiners, (b) 34 surface longliners with a tonnage greater than 100 GT, (c) 22 surface longliners with a tonnage of 100 GT or below. 2. Paragraph 1 shall apply subject to Articles 5 and 6. 3. Under Article 6 of the Agreement and Article 7 of this Protocol, vessels flying the flag of a Member State of the Union may engage in fishing activities in the waters of Madagascar only if they are on the list of fishing vessels authorised by the Indian Ocean Tuna Commission (IOTC) and are in possession of a fishing authorisation issued under the conditions laid down in this Protocol and in accordance with the Annex hereto. Financial contribution - Methods of payment 1. For the period referred to in Article 1, the total financial contribution referred to in Article 7 of the Agreement shall be EUR 3050000 for the whole duration of this Protocol. 2. This total financial contribution shall comprise: (a) an annual amount for access to the Malagasy fishing zone of EUR 975000 equivalent to a reference tonnage of 15000 tonnes per year, and (b) a specific amount of EUR 550000 per year for supporting and implementing Madagascar's sectoral fisheries policy and maritime policy. 3. Paragraph 1 shall apply subject to Articles 3, 5, 6, 8 and 9. 4. The Union shall pay the financial contribution referred to in paragraph 1 at the rate of EUR 1525000 per year during the period of application of this Protocol, corresponding to the total amount set out in points (a) and (b) of paragraph 2. 5. If the total quantity of catches of tuna by EU vessels in Madagascar's fishing zone exceeds 15000 tonnes per year, the amount of the annual financial contribution for access rights shall be EUR 65 for each additional tonne caught. However, the total annual amount paid by the Union shall not be more than twice the amount indicated in point (a) of paragraph 2 above. If the amounts caught by EU vessels in Madagascar's fishing zone exceed the quantities corresponding to twice the total annual amount, the amount due in respect of the quantity exceeding that limit shall be paid the following year, in accordance with the Annex. In order to anticipate any possible exceeding of the reference tonnage, the two parties shall adopt a system allowing ongoing catch monitoring. 6. Payment shall be made no later than 90 days after this Protocol's provisional application, as referred to in Article 15, for the first year, and no later than the anniversary date of this Protocol for the following years. 7. Madagascar shall have full discretion regarding the use of the financial contribution specified in point (a) of Article 2(2). 8. The financial contribution shall be paid or transferred into a unique Public Treasury account opened at the Madagascar Central Bank. The account reference is as follows: Agence Comptable Centrale du Trésor public with the Banque Centrale de Madagascar Antaninarenina, Antananarivo, Madagascar - account no: 213 101 000 125 TP EUR. Promoting responsible fishing and sustainable fisheries in the waters of Madagascar 1. From the date of the provisional application of this Protocol, and no later than three months after that date, the Union and Madagascar shall agree, within the Joint Committee provided for in Article 9 of the Agreement, on a multiannual sectoral programme, in accordance with Madagascar's national strategy for fisheries and the policy framework of the European Commission, and on detailed implementing rules covering, in particular: (a) annual and multiannual guidelines for using the specific amount of the financial contribution referred to in point (b) of Article 2(2); (b) the annual and multiannual objectives to be achieved with a view to introducing responsible fishing and sustainable fisheries, taking account of the priorities expressed by Madagascar in its national fisheries policy and other policies relating to or having an impact on the promotion of responsible fishing and sustainable fisheries, particularly as regards protected marine areas; (c) criteria and procedures including, where appropriate, budgetary and financial indicators, to be used for evaluating the results obtained each year. 2. Any proposed amendments to the multiannual sectoral programme must be approved by both parties within the Joint Committee. Article 4 Scientific cooperation to ensure responsible fishing 1. The two parties hereby undertake to promote responsible fishing in the waters of Madagascar on the basis of the principle of non-discrimination between the different fleets fishing in those waters. 2. During the period covered by this Protocol, the Union and Madagascar shall endeavour to monitor the state of fishery resources in Madagascar's fishing zone. 3. Both parties shall endeavour to comply with the resolutions and recommendations of the IOTC, and with the management plans adopted by them, regarding conservation and the responsible management of fisheries. Both parties shall also make every effort to comply with the opinions of the joint scientific working group provided for in Article 4(2) of the Agreement. 4. In accordance with Article 4 of the Agreement, and based on the recommendations and resolutions adopted within the IOTC, and in the light of the best available scientific advice and, where appropriate, the results of the joint scientific meeting provided for by Article 4 of the Agreement, the two parties shall consult each other within the Joint Committee provided for in Article 9 of the Agreement and, where necessary, agree on the measures to ensure sustainable management of Madagascar's fisheries resources. Article 5 Adjustment of fishing opportunities by mutual agreement 1. The fishing opportunities referred to in Article 1 may be amended by mutual agreement insofar as the recommendations and resolutions of the IOTC and the joint scientific working group tend to support that such an amendment will secure the sustainable management of tuna and tuna-like species in the Indian Ocean. 2. In such cases, the financial contribution referred to in point (a) of Article 2(2) shall be adjusted proportionately and pro rata temporis. However, the total annual amount paid by the Union may not be more than twice the figure indicated in point (a) of Article 2(2). 3. Both parties shall notify each other of any changes to their respective fisheries policies and legislation. Article 6 New fishing opportunities 1. In the event that EU fishing vessels become interested in engaging in fisheries not provided for in Article 1 of the Agreement, the parties shall consult each other before any possible authorisation is granted in respect of any such activities and, where appropriate, agree on the conditions for such fishing, including making the relevant amendments to this Protocol and to the Annex hereto. 2. The parties shall encourage experimental fishing, especially as regards under-exploited species present in the waters of Madagascar. To this end, and at the request of either party, the parties shall consult each other with a view to determining, on a case-by-case basis, the species, conditions and other relevant parameters. 3. The parties shall carry out experimental fishing in accordance with parameters to be agreed by both parties in an administrative arrangement where appropriate. For Madagascar, the National Centre for Oceanographic Research and the Institute for Fisheries Studies and Marine Science shall be involved in the definition of these parameters. 4. Authorisations for experimental fishing should be agreed for a maximum period of six months. 5. If the parties consider that experimental campaigns have yielded positive results, the Government of Madagascar may allocate fishing opportunities in respect of the new species to the Union fleet until the expiry of this Protocol. The financial contribution referred to in point (a) of Article 2(2) shall consequently be increased. Shipowners' fees and other conditions as provided for in the Annex shall be amended accordingly. Article 7 Conditions governing fishing activities — Exclusivity clause Without prejudice to Article 6 of the Agreement, EU vessels may fish in the waters of Madagascar only if they are in possession of a valid fishing authorisation issued by the Malagasy Ministry responsible for Fisheries under this Protocol and the Annex hereto. Article 8 Suspension and review of the payment of the financial contribution 1. Notwithstanding the provisions of Article 9, the financial contribution referred to in points (a) and (b) of Article 2(2) shall be reviewed or suspended after consultation between the two parties: (a) if fishing activities in Madagascar's fishing zone are prevented for reasons other than natural phenomena; (b) following significant changes in the policy guidelines of either one of the parties affecting the relevant provisions of this Protocol; (c) if the Union notes that there has been a violation of the essential and fundamental human rights provided for in Article 9 of the Cotonou Agreement and following the procedure provided for in Articles 8 and 96 of that Agreement. In this case, all EU fishing vessel activities in the waters of Madagascar shall be suspended. 2. The Union reserves the right to suspend, partially or totally, the payment of the specific financial contribution provided for in point (b) of Article 2(2): (a) if the results obtained are inconsistent with the programming, following an assessment by the Ministry responsible for Fisheries and an evaluation carried out by the Joint Committee; (b) in the event of failure to implement this financial contribution. 3. Payment of the financial contribution shall resume after consultation and agreement by the two parties, as soon as the situation existing prior to the events referred to in paragraph 1 has been re-established, and/or when the results of the financial implementation referred to in paragraph 2 so warrant. Article 9 Suspension of the Implementation of the Protocol 1. Implementation of this Protocol shall be suspended at the initiative of either one of the parties, subject to consultations between and the agreement of the parties within the Joint Committee provided for in Article 9 of the Agreement: (a) if exceptional circumstances, other than natural phenomena, prevent fishing activities in Madagascar's fishing zone; (b) if the Union fails to make the payments provided for in point (a) of Article 2(2) for reasons not covered by Article 8 of this Protocol; (c) where a dispute arises between the parties over the interpretation and implementation of this Protocol and its Annex, which cannot be settled; (d) if either one of the parties does not comply with the provisions of this Protocol and its Annex; (e) following significant policy changes on the part of either one of the parties affecting the relevant provisions of this Protocol; (f) if either one of the parties ascertains a breach of essential and fundamental elements regarding human rights as laid out by Article 9 of the Cotonou Agreement, and following the procedure set out in Articles 8 and 96 thereof; (g) in case of non-compliance with the International Labour Organisation Declaration on Fundamental Principles and Rights at Work as provided in Article 3(5) of the Agreement. 2. The suspension of the implementation of this Protocol shall require the party concerned to notify its intention in writing at least three months before the date on which the suspension is due to take effect. 3. In the event of the implementation being suspended, the parties shall continue to consult each other with a view to finding an amicable settlement to their dispute. Where such settlement is reached, implementation of this Protocol shall resume and the amount of the financial contribution shall be reduced proportionately and pro rata temporis according to the period during which implementation of this Protocol was suspended. Article 10 National law 1. The activities of EU fishing vessels in the waters of Madagascar shall be subject to the laws and regulations of Madagascar, unless otherwise provided under this Protocol and the Annex hereto. 2. The authorities of Madagascar shall inform the European Commission of any changes or new legislation regarding its fishery policy. Article 11 Confidentiality The parties shall ensure that, at any time, all data relating to EU vessels and their fishing activities in the waters of Madagascar will be treated as confidential. These data shall be used exclusively for the implementation of the Agreement and for the purposes of fisheries management, monitoring, control and surveillance by the relevant authorities. Article 12 Electronic data exchange Madagascar and the Union hereby undertake to implement the necessary systems for the electronic exchange of all information and documents related to the implementation of the Agreement as soon as possible. All electronic exchanges shall be the subject of an acknowledgment of receipt. The electronic form of a document shall at any point be considered equivalent to the paper version. Both parties shall immediately notify any disruption of computer systems impeding such exchanges. In such circumstances, the information and documents related to the implementation of the Agreement shall be automatically replaced by their paper version in the manner defined in the Annex. Article 13 Duration This Protocol and the Annex hereto shall apply for a period of two years as from their provisional application, as determined in Article 15, unless notice of termination is given in accordance with Article 14. Article 14 Termination 1. In the event of the termination of this Protocol, the party concerned shall notify the other party in writing of its intention to terminate it at least six months before the date on which such termination takes effect. 2. The sending of the notification referred to in the previous paragraph shall lead to consultations by the parties being initiated. Article 15 Provisional application This Protocol shall be applied provisionally from the date of its signature, and from 1 January 2013 at the earliest. Article 16 Entry into force This Protocol and its Annex shall enter into force on the date on which the parties notify each other of the completion of the procedures necessary for that purpose. For the European Union For the Republic of Madagascar 3а Европейския съюз Por la Unión Europea Za Evropskou unii For Den Europæiske Union Für die Europäische Union Euroopa Liidu nimel Για την Ευρωπαϊκή Ένωση Pour l’Union européenne Per l’Unione europea Eiropas Savienības vārdā – Europos Sąjungos vardu Az Európai Unió részéről Għall-Unjoni Ewropea Voor de Europese Unie W imieniu Unii Europejskiej Pela União Europeia Pentru Uniunea Europeană Za Európsku úniu Za Evropsko unijo Euroopan unionin puolesta För Europeiska unionen +++++ TIFF +++++ За правителството на Република Мадагаскар Por el Gobierno de la República de Madagascar Za vládu Madagaskarské republiky For regeringen for Republikken Madagaskar Für die Regierung der Republik Madagaskar Madagaskari Vabariigi valitsuse nimel Για την Κυβέρνηση της Δημοκρατίας της Μαδαγασκάρης For the Government of the Republic of Madagascar Pour le gouvernement de la République de Madagascar Per il governo della Repubblica del Madagascar Madagaskaras Republikas valdības vārdā – Madagaskaro Respublikos Vyriausybės vardu A Madagaszkári Köztársaság kormánya részéről Għall-Gvern tar-Repubblika tal-Madagaskar Voor de Regering van de Republiek Madagaskar W imieniu rządu Republiki Madagaskaru Pelo Governo da República de Madagáscar Pentru guvernul Republicii Madagascar Za vládu Madagaskarskej republiky Za vlado Republike Madagaskar Madagaskarin tasavallan hallituksen puolesta På Republiken Madagaskars regerings vägnar
Article 2 
The President of the Council is hereby authorised to designate the person(s) empowered to sign the Protocol on behalf of the Union. Article 3 The Protocol shall be applied provisionally, in accordance with Article 15 thereof, from the date of its signature, and from 1 January 2013 at the earliest, pending the completion of the procedures for its conclusion. Article 4 This Decision shall enter into force on the date of its adoption. Done at Luxembourg, 28 November 2012. For the Council The President S. Aletraris [1] OJ L 15, 18.1.2008, p. 1. Protocol agreed between the European Union and the Republic of Madagascar setting out fishing opportunities and the financial contribution provided for in the Fisheries Partnership Agreement between the two parties currently in force Article 1 Period of application and fishing opportunities 1. For a period of two years, the fishing opportunities granted under Article 5 of the Fisheries Partnership Agreement ("the Agreement") shall be as follows: Highly migratory species (species listed in Annex 1 to the 1982 United Nations Convention on the Law of the Sea) with the exception of the Alopiidae and Sphyrnidae families, in addition to the following species: Cetorhinus maximus, Rhincodon typus, Carcharodon carcharias, Carcharhinus falciformis and Carcharhinus longimanus: (a) 40 tuna seiners, (b) 34 surface longliners with a tonnage greater than 100 GT, (c) 22 surface longliners with a tonnage of 100 GT or below. 2. Paragraph 1 shall apply subject to Articles 5 and 6. 3. Under Article 6 of the Agreement and Article 7 of this Protocol, vessels flying the flag of a Member State of the Union may engage in fishing activities in the waters of Madagascar only if they are on the list of fishing vessels authorised by the Indian Ocean Tuna Commission (IOTC) and are in possession of a fishing authorisation issued under the conditions laid down in this Protocol and in accordance with the Annex hereto. Article 2 Financial contribution - Methods of payment 1. For the period referred to in Article 1, the total financial contribution referred to in Article 7 of the Agreement shall be EUR 3050000 for the whole duration of this Protocol. 2. This total financial contribution shall comprise: (a) an annual amount for access to the Malagasy fishing zone of EUR 975000 equivalent to a reference tonnage of 15000 tonnes per year, and (b) a specific amount of EUR 550000 per year for supporting and implementing Madagascar's sectoral fisheries policy and maritime policy. 3. Paragraph 1 shall apply subject to Articles 3, 5, 6, 8 and 9. 4. The Union shall pay the financial contribution referred to in paragraph 1 at the rate of EUR 1525000 per year during the period of application of this Protocol, corresponding to the total amount set out in points (a) and (b) of paragraph 2. 5. If the total quantity of catches of tuna by EU vessels in Madagascar's fishing zone exceeds 15000 tonnes per year, the amount of the annual financial contribution for access rights shall be EUR 65 for each additional tonne caught. However, the total annual amount paid by the Union shall not be more than twice the amount indicated in point (a) of paragraph 2 above. If the amounts caught by EU vessels in Madagascar's fishing zone exceed the quantities corresponding to twice the total annual amount, the amount due in respect of the quantity exceeding that limit shall be paid the following year, in accordance with the Annex. In order to anticipate any possible exceeding of the reference tonnage, the two parties shall adopt a system allowing ongoing catch monitoring. 6. Payment shall be made no later than 90 days after this Protocol's provisional application, as referred to in Article 15, for the first year, and no later than the anniversary date of this Protocol for the following years. 7. Madagascar shall have full discretion regarding the use of the financial contribution specified in point (a) of Article 2(2). 8. The financial contribution shall be paid or transferred into a unique Public Treasury account opened at the Madagascar Central Bank. The account reference is as follows: Agence Comptable Centrale du Trésor public with the Banque Centrale de Madagascar Antaninarenina, Antananarivo, Madagascar - account no: 213 101 000 125 TP EUR. Promoting responsible fishing and sustainable fisheries in the waters of Madagascar 1. From the date of the provisional application of this Protocol, and no later than three months after that date, the Union and Madagascar shall agree, within the Joint Committee provided for in Article 9 of the Agreement, on a multiannual sectoral programme, in accordance with Madagascar's national strategy for fisheries and the policy framework of the European Commission, and on detailed implementing rules covering, in particular: (a) annual and multiannual guidelines for using the specific amount of the financial contribution referred to in point (b) of Article 2(2); (b) the annual and multiannual objectives to be achieved with a view to introducing responsible fishing and sustainable fisheries, taking account of the priorities expressed by Madagascar in its national fisheries policy and other policies relating to or having an impact on the promotion of responsible fishing and sustainable fisheries, particularly as regards protected marine areas; (c) criteria and procedures including, where appropriate, budgetary and financial indicators, to be used for evaluating the results obtained each year. 2. Any proposed amendments to the multiannual sectoral programme must be approved by both parties within the Joint Committee. Article 4 Scientific cooperation to ensure responsible fishing 1. The two parties hereby undertake to promote responsible fishing in the waters of Madagascar on the basis of the principle of non-discrimination between the different fleets fishing in those waters. 2. During the period covered by this Protocol, the Union and Madagascar shall endeavour to monitor the state of fishery resources in Madagascar's fishing zone. 3. Both parties shall endeavour to comply with the resolutions and recommendations of the IOTC, and with the management plans adopted by them, regarding conservation and the responsible management of fisheries. Both parties shall also make every effort to comply with the opinions of the joint scientific working group provided for in Article 4(2) of the Agreement. 4. In accordance with Article 4 of the Agreement, and based on the recommendations and resolutions adopted within the IOTC, and in the light of the best available scientific advice and, where appropriate, the results of the joint scientific meeting provided for by Article 4 of the Agreement, the two parties shall consult each other within the Joint Committee provided for in Article 9 of the Agreement and, where necessary, agree on the measures to ensure sustainable management of Madagascar's fisheries resources. Article 5 Adjustment of fishing opportunities by mutual agreement 1. The fishing opportunities referred to in Article 1 may be amended by mutual agreement insofar as the recommendations and resolutions of the IOTC and the joint scientific working group tend to support that such an amendment will secure the sustainable management of tuna and tuna-like species in the Indian Ocean. 2. In such cases, the financial contribution referred to in point (a) of Article 2(2) shall be adjusted proportionately and pro rata temporis. However, the total annual amount paid by the Union may not be more than twice the figure indicated in point (a) of Article 2(2). 3. Both parties shall notify each other of any changes to their respective fisheries policies and legislation. Article 6 New fishing opportunities 1. In the event that EU fishing vessels become interested in engaging in fisheries not provided for in Article 1 of the Agreement, the parties shall consult each other before any possible authorisation is granted in respect of any such activities and, where appropriate, agree on the conditions for such fishing, including making the relevant amendments to this Protocol and to the Annex hereto. 2. The parties shall encourage experimental fishing, especially as regards under-exploited species present in the waters of Madagascar. To this end, and at the request of either party, the parties shall consult each other with a view to determining, on a case-by-case basis, the species, conditions and other relevant parameters. 3. The parties shall carry out experimental fishing in accordance with parameters to be agreed by both parties in an administrative arrangement where appropriate. For Madagascar, the National Centre for Oceanographic Research and the Institute for Fisheries Studies and Marine Science shall be involved in the definition of these parameters. 4. Authorisations for experimental fishing should be agreed for a maximum period of six months. 5. If the parties consider that experimental campaigns have yielded positive results, the Government of Madagascar may allocate fishing opportunities in respect of the new species to the Union fleet until the expiry of this Protocol. The financial contribution referred to in point (a) of Article 2(2) shall consequently be increased. Shipowners' fees and other conditions as provided for in the Annex shall be amended accordingly. Article 7 Conditions governing fishing activities — Exclusivity clause Without prejudice to Article 6 of the Agreement, EU vessels may fish in the waters of Madagascar only if they are in possession of a valid fishing authorisation issued by the Malagasy Ministry responsible for Fisheries under this Protocol and the Annex hereto. Article 8 Suspension and review of the payment of the financial contribution 1. Notwithstanding the provisions of Article 9, the financial contribution referred to in points (a) and (b) of Article 2(2) shall be reviewed or suspended after consultation between the two parties: (a) if fishing activities in Madagascar's fishing zone are prevented for reasons other than natural phenomena; (b) following significant changes in the policy guidelines of either one of the parties affecting the relevant provisions of this Protocol; (c) if the Union notes that there has been a violation of the essential and fundamental human rights provided for in Article 9 of the Cotonou Agreement and following the procedure provided for in Articles 8 and 96 of that Agreement. In this case, all EU fishing vessel activities in the waters of Madagascar shall be suspended. 2. The Union reserves the right to suspend, partially or totally, the payment of the specific financial contribution provided for in point (b) of Article 2(2): (a) if the results obtained are inconsistent with the programming, following an assessment by the Ministry responsible for Fisheries and an evaluation carried out by the Joint Committee; (b) in the event of failure to implement this financial contribution. 3. Payment of the financial contribution shall resume after consultation and agreement by the two parties, as soon as the situation existing prior to the events referred to in paragraph 1 has been re-established, and/or when the results of the financial implementation referred to in paragraph 2 so warrant. Article 9 Suspension of the Implementation of the Protocol 1. Implementation of this Protocol shall be suspended at the initiative of either one of the parties, subject to consultations between and the agreement of the parties within the Joint Committee provided for in Article 9 of the Agreement: (a) if exceptional circumstances, other than natural phenomena, prevent fishing activities in Madagascar's fishing zone; (b) if the Union fails to make the payments provided for in point (a) of Article 2(2) for reasons not covered by Article 8 of this Protocol; (c) where a dispute arises between the parties over the interpretation and implementation of this Protocol and its Annex, which cannot be settled; (d) if either one of the parties does not comply with the provisions of this Protocol and its Annex; (e) following significant policy changes on the part of either one of the parties affecting the relevant provisions of this Protocol; (f) if either one of the parties ascertains a breach of essential and fundamental elements regarding human rights as laid out by Article 9 of the Cotonou Agreement, and following the procedure set out in Articles 8 and 96 thereof; (g) in case of non-compliance with the International Labour Organisation Declaration on Fundamental Principles and Rights at Work as provided in Article 3(5) of the Agreement. 2. The suspension of the implementation of this Protocol shall require the party concerned to notify its intention in writing at least three months before the date on which the suspension is due to take effect. 3. In the event of the implementation being suspended, the parties shall continue to consult each other with a view to finding an amicable settlement to their dispute. Where such settlement is reached, implementation of this Protocol shall resume and the amount of the financial contribution shall be reduced proportionately and pro rata temporis according to the period during which implementation of this Protocol was suspended. Article 10 National law 1. The activities of EU fishing vessels in the waters of Madagascar shall be subject to the laws and regulations of Madagascar, unless otherwise provided under this Protocol and the Annex hereto. 2. The authorities of Madagascar shall inform the European Commission of any changes or new legislation regarding its fishery policy. Article 11 Confidentiality The parties shall ensure that, at any time, all data relating to EU vessels and their fishing activities in the waters of Madagascar will be treated as confidential. These data shall be used exclusively for the implementation of the Agreement and for the purposes of fisheries management, monitoring, control and surveillance by the relevant authorities. Article 12 Electronic data exchange Madagascar and the Union hereby undertake to implement the necessary systems for the electronic exchange of all information and documents related to the implementation of the Agreement as soon as possible. All electronic exchanges shall be the subject of an acknowledgment of receipt. The electronic form of a document shall at any point be considered equivalent to the paper version. Both parties shall immediately notify any disruption of computer systems impeding such exchanges. In such circumstances, the information and documents related to the implementation of the Agreement shall be automatically replaced by their paper version in the manner defined in the Annex. Article 13 Duration This Protocol and the Annex hereto shall apply for a period of two years as from their provisional application, as determined in Article 15, unless notice of termination is given in accordance with Article 14. Article 14 Termination 1. In the event of the termination of this Protocol, the party concerned shall notify the other party in writing of its intention to terminate it at least six months before the date on which such termination takes effect. 2. The sending of the notification referred to in the previous paragraph shall lead to consultations by the parties being initiated. Article 15 Provisional application This Protocol shall be applied provisionally from the date of its signature, and from 1 January 2013 at the earliest. Article 16 Entry into force This Protocol and its Annex shall enter into force on the date on which the parties notify each other of the completion of the procedures necessary for that purpose. For the European Union For the Republic of Madagascar 3а Европейския съюз Por la Unión Europea Za Evropskou unii For Den Europæiske Union Für die Europäische Union Euroopa Liidu nimel Για την Ευρωπαϊκή Ένωση Pour l’Union européenne Per l’Unione europea Eiropas Savienības vārdā – Europos Sąjungos vardu Az Európai Unió részéről Għall-Unjoni Ewropea Voor de Europese Unie W imieniu Unii Europejskiej Pela União Europeia Pentru Uniunea Europeană Za Európsku úniu Za Evropsko unijo Euroopan unionin puolesta För Europeiska unionen +++++ TIFF +++++ За правителството на Република Мадагаскар Por el Gobierno de la República de Madagascar Za vládu Madagaskarské republiky For regeringen for Republikken Madagaskar Für die Regierung der Republik Madagaskar Madagaskari Vabariigi valitsuse nimel Για την Κυβέρνηση της Δημοκρατίας της Μαδαγασκάρης For the Government of the Republic of Madagascar Pour le gouvernement de la République de Madagascar Per il governo della Repubblica del Madagascar Madagaskaras Republikas valdības vārdā – Madagaskaro Respublikos Vyriausybės vardu A Madagaszkári Köztársaság kormánya részéről Għall-Gvern tar-Repubblika tal-Madagaskar Voor de Regering van de Republiek Madagaskar W imieniu rządu Republiki Madagaskaru Pelo Governo da República de Madagáscar Pentru guvernul Republicii Madagascar Za vládu Madagaskarskej republiky Za vlado Republike Madagaskar Madagaskarin tasavallan hallituksen puolesta På Republiken Madagaskars regerings vägnar
Article 3 
The Protocol shall be applied provisionally, in accordance with Article 15 thereof, from the date of its signature, and from 1 January 2013 at the earliest, pending the completion of the procedures for its conclusion. Article 4 This Decision shall enter into force on the date of its adoption. Done at Luxembourg, 28 November 2012. For the Council The President S. Aletraris [1] OJ L 15, 18.1.2008, p. 1. Protocol agreed between the European Union and the Republic of Madagascar setting out fishing opportunities and the financial contribution provided for in the Fisheries Partnership Agreement between the two parties currently in force Article 1 Period of application and fishing opportunities 1. For a period of two years, the fishing opportunities granted under Article 5 of the Fisheries Partnership Agreement ("the Agreement") shall be as follows: Highly migratory species (species listed in Annex 1 to the 1982 United Nations Convention on the Law of the Sea) with the exception of the Alopiidae and Sphyrnidae families, in addition to the following species: Cetorhinus maximus, Rhincodon typus, Carcharodon carcharias, Carcharhinus falciformis and Carcharhinus longimanus: (a) 40 tuna seiners, (b) 34 surface longliners with a tonnage greater than 100 GT, (c) 22 surface longliners with a tonnage of 100 GT or below. 2. Paragraph 1 shall apply subject to Articles 5 and 6. 3. Under Article 6 of the Agreement and Article 7 of this Protocol, vessels flying the flag of a Member State of the Union may engage in fishing activities in the waters of Madagascar only if they are on the list of fishing vessels authorised by the Indian Ocean Tuna Commission (IOTC) and are in possession of a fishing authorisation issued under the conditions laid down in this Protocol and in accordance with the Annex hereto. Article 2 Financial contribution - Methods of payment 1. For the period referred to in Article 1, the total financial contribution referred to in Article 7 of the Agreement shall be EUR 3050000 for the whole duration of this Protocol. 2. This total financial contribution shall comprise: (a) an annual amount for access to the Malagasy fishing zone of EUR 975000 equivalent to a reference tonnage of 15000 tonnes per year, and (b) a specific amount of EUR 550000 per year for supporting and implementing Madagascar's sectoral fisheries policy and maritime policy. 3. Paragraph 1 shall apply subject to Articles 3, 5, 6, 8 and 9. 4. The Union shall pay the financial contribution referred to in paragraph 1 at the rate of EUR 1525000 per year during the period of application of this Protocol, corresponding to the total amount set out in points (a) and (b) of paragraph 2. 5. If the total quantity of catches of tuna by EU vessels in Madagascar's fishing zone exceeds 15000 tonnes per year, the amount of the annual financial contribution for access rights shall be EUR 65 for each additional tonne caught. However, the total annual amount paid by the Union shall not be more than twice the amount indicated in point (a) of paragraph 2 above. If the amounts caught by EU vessels in Madagascar's fishing zone exceed the quantities corresponding to twice the total annual amount, the amount due in respect of the quantity exceeding that limit shall be paid the following year, in accordance with the Annex. In order to anticipate any possible exceeding of the reference tonnage, the two parties shall adopt a system allowing ongoing catch monitoring. 6. Payment shall be made no later than 90 days after this Protocol's provisional application, as referred to in Article 15, for the first year, and no later than the anniversary date of this Protocol for the following years. 7. Madagascar shall have full discretion regarding the use of the financial contribution specified in point (a) of Article 2(2). 8. The financial contribution shall be paid or transferred into a unique Public Treasury account opened at the Madagascar Central Bank. The account reference is as follows: Agence Comptable Centrale du Trésor public with the Banque Centrale de Madagascar Antaninarenina, Antananarivo, Madagascar - account no: 213 101 000 125 TP EUR. Article 3 Promoting responsible fishing and sustainable fisheries in the waters of Madagascar 1. From the date of the provisional application of this Protocol, and no later than three months after that date, the Union and Madagascar shall agree, within the Joint Committee provided for in Article 9 of the Agreement, on a multiannual sectoral programme, in accordance with Madagascar's national strategy for fisheries and the policy framework of the European Commission, and on detailed implementing rules covering, in particular: (a) annual and multiannual guidelines for using the specific amount of the financial contribution referred to in point (b) of Article 2(2); (b) the annual and multiannual objectives to be achieved with a view to introducing responsible fishing and sustainable fisheries, taking account of the priorities expressed by Madagascar in its national fisheries policy and other policies relating to or having an impact on the promotion of responsible fishing and sustainable fisheries, particularly as regards protected marine areas; (c) criteria and procedures including, where appropriate, budgetary and financial indicators, to be used for evaluating the results obtained each year. 2. Any proposed amendments to the multiannual sectoral programme must be approved by both parties within the Joint Committee. Article 4 Scientific cooperation to ensure responsible fishing 1. The two parties hereby undertake to promote responsible fishing in the waters of Madagascar on the basis of the principle of non-discrimination between the different fleets fishing in those waters. 2. During the period covered by this Protocol, the Union and Madagascar shall endeavour to monitor the state of fishery resources in Madagascar's fishing zone. 3. Both parties shall endeavour to comply with the resolutions and recommendations of the IOTC, and with the management plans adopted by them, regarding conservation and the responsible management of fisheries. Both parties shall also make every effort to comply with the opinions of the joint scientific working group provided for in Article 4(2) of the Agreement. 4. In accordance with Article 4 of the Agreement, and based on the recommendations and resolutions adopted within the IOTC, and in the light of the best available scientific advice and, where appropriate, the results of the joint scientific meeting provided for by Article 4 of the Agreement, the two parties shall consult each other within the Joint Committee provided for in Article 9 of the Agreement and, where necessary, agree on the measures to ensure sustainable management of Madagascar's fisheries resources. Article 5 Adjustment of fishing opportunities by mutual agreement 1. The fishing opportunities referred to in Article 1 may be amended by mutual agreement insofar as the recommendations and resolutions of the IOTC and the joint scientific working group tend to support that such an amendment will secure the sustainable management of tuna and tuna-like species in the Indian Ocean. 2. In such cases, the financial contribution referred to in point (a) of Article 2(2) shall be adjusted proportionately and pro rata temporis. However, the total annual amount paid by the Union may not be more than twice the figure indicated in point (a) of Article 2(2). 3. Both parties shall notify each other of any changes to their respective fisheries policies and legislation. Article 6 New fishing opportunities 1. In the event that EU fishing vessels become interested in engaging in fisheries not provided for in Article 1 of the Agreement, the parties shall consult each other before any possible authorisation is granted in respect of any such activities and, where appropriate, agree on the conditions for such fishing, including making the relevant amendments to this Protocol and to the Annex hereto. 2. The parties shall encourage experimental fishing, especially as regards under-exploited species present in the waters of Madagascar. To this end, and at the request of either party, the parties shall consult each other with a view to determining, on a case-by-case basis, the species, conditions and other relevant parameters. 3. The parties shall carry out experimental fishing in accordance with parameters to be agreed by both parties in an administrative arrangement where appropriate. For Madagascar, the National Centre for Oceanographic Research and the Institute for Fisheries Studies and Marine Science shall be involved in the definition of these parameters. 4. Authorisations for experimental fishing should be agreed for a maximum period of six months. 5. If the parties consider that experimental campaigns have yielded positive results, the Government of Madagascar may allocate fishing opportunities in respect of the new species to the Union fleet until the expiry of this Protocol. The financial contribution referred to in point (a) of Article 2(2) shall consequently be increased. Shipowners' fees and other conditions as provided for in the Annex shall be amended accordingly. Article 7 Conditions governing fishing activities — Exclusivity clause Without prejudice to Article 6 of the Agreement, EU vessels may fish in the waters of Madagascar only if they are in possession of a valid fishing authorisation issued by the Malagasy Ministry responsible for Fisheries under this Protocol and the Annex hereto. Article 8 Suspension and review of the payment of the financial contribution 1. Notwithstanding the provisions of Article 9, the financial contribution referred to in points (a) and (b) of Article 2(2) shall be reviewed or suspended after consultation between the two parties: (a) if fishing activities in Madagascar's fishing zone are prevented for reasons other than natural phenomena; (b) following significant changes in the policy guidelines of either one of the parties affecting the relevant provisions of this Protocol; (c) if the Union notes that there has been a violation of the essential and fundamental human rights provided for in Article 9 of the Cotonou Agreement and following the procedure provided for in Articles 8 and 96 of that Agreement. In this case, all EU fishing vessel activities in the waters of Madagascar shall be suspended. 2. The Union reserves the right to suspend, partially or totally, the payment of the specific financial contribution provided for in point (b) of Article 2(2): (a) if the results obtained are inconsistent with the programming, following an assessment by the Ministry responsible for Fisheries and an evaluation carried out by the Joint Committee; (b) in the event of failure to implement this financial contribution. 3. Payment of the financial contribution shall resume after consultation and agreement by the two parties, as soon as the situation existing prior to the events referred to in paragraph 1 has been re-established, and/or when the results of the financial implementation referred to in paragraph 2 so warrant. Article 9 Suspension of the Implementation of the Protocol 1. Implementation of this Protocol shall be suspended at the initiative of either one of the parties, subject to consultations between and the agreement of the parties within the Joint Committee provided for in Article 9 of the Agreement: (a) if exceptional circumstances, other than natural phenomena, prevent fishing activities in Madagascar's fishing zone; (b) if the Union fails to make the payments provided for in point (a) of Article 2(2) for reasons not covered by Article 8 of this Protocol; (c) where a dispute arises between the parties over the interpretation and implementation of this Protocol and its Annex, which cannot be settled; (d) if either one of the parties does not comply with the provisions of this Protocol and its Annex; (e) following significant policy changes on the part of either one of the parties affecting the relevant provisions of this Protocol; (f) if either one of the parties ascertains a breach of essential and fundamental elements regarding human rights as laid out by Article 9 of the Cotonou Agreement, and following the procedure set out in Articles 8 and 96 thereof; (g) in case of non-compliance with the International Labour Organisation Declaration on Fundamental Principles and Rights at Work as provided in Article 3(5) of the Agreement. 2. The suspension of the implementation of this Protocol shall require the party concerned to notify its intention in writing at least three months before the date on which the suspension is due to take effect. 3. In the event of the implementation being suspended, the parties shall continue to consult each other with a view to finding an amicable settlement to their dispute. Where such settlement is reached, implementation of this Protocol shall resume and the amount of the financial contribution shall be reduced proportionately and pro rata temporis according to the period during which implementation of this Protocol was suspended. Article 10 National law 1. The activities of EU fishing vessels in the waters of Madagascar shall be subject to the laws and regulations of Madagascar, unless otherwise provided under this Protocol and the Annex hereto. 2. The authorities of Madagascar shall inform the European Commission of any changes or new legislation regarding its fishery policy. Article 11 Confidentiality The parties shall ensure that, at any time, all data relating to EU vessels and their fishing activities in the waters of Madagascar will be treated as confidential. These data shall be used exclusively for the implementation of the Agreement and for the purposes of fisheries management, monitoring, control and surveillance by the relevant authorities. Article 12 Electronic data exchange Madagascar and the Union hereby undertake to implement the necessary systems for the electronic exchange of all information and documents related to the implementation of the Agreement as soon as possible. All electronic exchanges shall be the subject of an acknowledgment of receipt. The electronic form of a document shall at any point be considered equivalent to the paper version. Both parties shall immediately notify any disruption of computer systems impeding such exchanges. In such circumstances, the information and documents related to the implementation of the Agreement shall be automatically replaced by their paper version in the manner defined in the Annex. Article 13 Duration This Protocol and the Annex hereto shall apply for a period of two years as from their provisional application, as determined in Article 15, unless notice of termination is given in accordance with Article 14. Article 14 Termination 1. In the event of the termination of this Protocol, the party concerned shall notify the other party in writing of its intention to terminate it at least six months before the date on which such termination takes effect. 2. The sending of the notification referred to in the previous paragraph shall lead to consultations by the parties being initiated. Article 15 Provisional application This Protocol shall be applied provisionally from the date of its signature, and from 1 January 2013 at the earliest. Article 16 Entry into force This Protocol and its Annex shall enter into force on the date on which the parties notify each other of the completion of the procedures necessary for that purpose. For the European Union For the Republic of Madagascar 3а Европейския съюз Por la Unión Europea Za Evropskou unii For Den Europæiske Union Für die Europäische Union Euroopa Liidu nimel Για την Ευρωπαϊκή Ένωση Pour l’Union européenne Per l’Unione europea Eiropas Savienības vārdā – Europos Sąjungos vardu Az Európai Unió részéről Għall-Unjoni Ewropea Voor de Europese Unie W imieniu Unii Europejskiej Pela União Europeia Pentru Uniunea Europeană Za Európsku úniu Za Evropsko unijo Euroopan unionin puolesta För Europeiska unionen +++++ TIFF +++++ За правителството на Република Мадагаскар Por el Gobierno de la República de Madagascar Za vládu Madagaskarské republiky For regeringen for Republikken Madagaskar Für die Regierung der Republik Madagaskar Madagaskari Vabariigi valitsuse nimel Για την Κυβέρνηση της Δημοκρατίας της Μαδαγασκάρης For the Government of the Republic of Madagascar Pour le gouvernement de la République de Madagascar Per il governo della Repubblica del Madagascar Madagaskaras Republikas valdības vārdā – Madagaskaro Respublikos Vyriausybės vardu A Madagaszkári Köztársaság kormánya részéről Għall-Gvern tar-Repubblika tal-Madagaskar Voor de Regering van de Republiek Madagaskar W imieniu rządu Republiki Madagaskaru Pelo Governo da República de Madagáscar Pentru guvernul Republicii Madagascar Za vládu Madagaskarskej republiky Za vlado Republike Madagaskar Madagaskarin tasavallan hallituksen puolesta På Republiken Madagaskars regerings vägnar
Article 4 
This Decision shall enter into force on the date of its adoption. Done at Luxembourg, 28 November 2012. For the Council The President S. Aletraris [1] OJ L 15, 18.1.2008, p. 1. Protocol agreed between the European Union and the Republic of Madagascar setting out fishing opportunities and the financial contribution provided for in the Fisheries Partnership Agreement between the two parties currently in force Article 1 Period of application and fishing opportunities 1. For a period of two years, the fishing opportunities granted under Article 5 of the Fisheries Partnership Agreement ("the Agreement") shall be as follows: Highly migratory species (species listed in Annex 1 to the 1982 United Nations Convention on the Law of the Sea) with the exception of the Alopiidae and Sphyrnidae families, in addition to the following species: Cetorhinus maximus, Rhincodon typus, Carcharodon carcharias, Carcharhinus falciformis and Carcharhinus longimanus: (a) 40 tuna seiners, (b) 34 surface longliners with a tonnage greater than 100 GT, (c) 22 surface longliners with a tonnage of 100 GT or below. 2. Paragraph 1 shall apply subject to Articles 5 and 6. 3. Under Article 6 of the Agreement and Article 7 of this Protocol, vessels flying the flag of a Member State of the Union may engage in fishing activities in the waters of Madagascar only if they are on the list of fishing vessels authorised by the Indian Ocean Tuna Commission (IOTC) and are in possession of a fishing authorisation issued under the conditions laid down in this Protocol and in accordance with the Annex hereto. Article 2 Financial contribution - Methods of payment 1. For the period referred to in Article 1, the total financial contribution referred to in Article 7 of the Agreement shall be EUR 3050000 for the whole duration of this Protocol. 2. This total financial contribution shall comprise: (a) an annual amount for access to the Malagasy fishing zone of EUR 975000 equivalent to a reference tonnage of 15000 tonnes per year, and (b) a specific amount of EUR 550000 per year for supporting and implementing Madagascar's sectoral fisheries policy and maritime policy. 3. Paragraph 1 shall apply subject to Articles 3, 5, 6, 8 and 9. 4. The Union shall pay the financial contribution referred to in paragraph 1 at the rate of EUR 1525000 per year during the period of application of this Protocol, corresponding to the total amount set out in points (a) and (b) of paragraph 2. 5. If the total quantity of catches of tuna by EU vessels in Madagascar's fishing zone exceeds 15000 tonnes per year, the amount of the annual financial contribution for access rights shall be EUR 65 for each additional tonne caught. However, the total annual amount paid by the Union shall not be more than twice the amount indicated in point (a) of paragraph 2 above. If the amounts caught by EU vessels in Madagascar's fishing zone exceed the quantities corresponding to twice the total annual amount, the amount due in respect of the quantity exceeding that limit shall be paid the following year, in accordance with the Annex. In order to anticipate any possible exceeding of the reference tonnage, the two parties shall adopt a system allowing ongoing catch monitoring. 6. Payment shall be made no later than 90 days after this Protocol's provisional application, as referred to in Article 15, for the first year, and no later than the anniversary date of this Protocol for the following years. 7. Madagascar shall have full discretion regarding the use of the financial contribution specified in point (a) of Article 2(2). 8. The financial contribution shall be paid or transferred into a unique Public Treasury account opened at the Madagascar Central Bank. The account reference is as follows: Agence Comptable Centrale du Trésor public with the Banque Centrale de Madagascar Antaninarenina, Antananarivo, Madagascar - account no: 213 101 000 125 TP EUR. Article 3 Promoting responsible fishing and sustainable fisheries in the waters of Madagascar 1. From the date of the provisional application of this Protocol, and no later than three months after that date, the Union and Madagascar shall agree, within the Joint Committee provided for in Article 9 of the Agreement, on a multiannual sectoral programme, in accordance with Madagascar's national strategy for fisheries and the policy framework of the European Commission, and on detailed implementing rules covering, in particular: (a) annual and multiannual guidelines for using the specific amount of the financial contribution referred to in point (b) of Article 2(2); (b) the annual and multiannual objectives to be achieved with a view to introducing responsible fishing and sustainable fisheries, taking account of the priorities expressed by Madagascar in its national fisheries policy and other policies relating to or having an impact on the promotion of responsible fishing and sustainable fisheries, particularly as regards protected marine areas; (c) criteria and procedures including, where appropriate, budgetary and financial indicators, to be used for evaluating the results obtained each year. 2. Any proposed amendments to the multiannual sectoral programme must be approved by both parties within the Joint Committee. Article 4 Scientific cooperation to ensure responsible fishing 1. The two parties hereby undertake to promote responsible fishing in the waters of Madagascar on the basis of the principle of non-discrimination between the different fleets fishing in those waters. 2. During the period covered by this Protocol, the Union and Madagascar shall endeavour to monitor the state of fishery resources in Madagascar's fishing zone. 3. Both parties shall endeavour to comply with the resolutions and recommendations of the IOTC, and with the management plans adopted by them, regarding conservation and the responsible management of fisheries. Both parties shall also make every effort to comply with the opinions of the joint scientific working group provided for in Article 4(2) of the Agreement. 4. In accordance with Article 4 of the Agreement, and based on the recommendations and resolutions adopted within the IOTC, and in the light of the best available scientific advice and, where appropriate, the results of the joint scientific meeting provided for by Article 4 of the Agreement, the two parties shall consult each other within the Joint Committee provided for in Article 9 of the Agreement and, where necessary, agree on the measures to ensure sustainable management of Madagascar's fisheries resources. Article 5 Adjustment of fishing opportunities by mutual agreement 1. The fishing opportunities referred to in Article 1 may be amended by mutual agreement insofar as the recommendations and resolutions of the IOTC and the joint scientific working group tend to support that such an amendment will secure the sustainable management of tuna and tuna-like species in the Indian Ocean. 2. In such cases, the financial contribution referred to in point (a) of Article 2(2) shall be adjusted proportionately and pro rata temporis. However, the total annual amount paid by the Union may not be more than twice the figure indicated in point (a) of Article 2(2). 3. Both parties shall notify each other of any changes to their respective fisheries policies and legislation. Article 6 New fishing opportunities 1. In the event that EU fishing vessels become interested in engaging in fisheries not provided for in Article 1 of the Agreement, the parties shall consult each other before any possible authorisation is granted in respect of any such activities and, where appropriate, agree on the conditions for such fishing, including making the relevant amendments to this Protocol and to the Annex hereto. 2. The parties shall encourage experimental fishing, especially as regards under-exploited species present in the waters of Madagascar. To this end, and at the request of either party, the parties shall consult each other with a view to determining, on a case-by-case basis, the species, conditions and other relevant parameters. 3. The parties shall carry out experimental fishing in accordance with parameters to be agreed by both parties in an administrative arrangement where appropriate. For Madagascar, the National Centre for Oceanographic Research and the Institute for Fisheries Studies and Marine Science shall be involved in the definition of these parameters. 4. Authorisations for experimental fishing should be agreed for a maximum period of six months. 5. If the parties consider that experimental campaigns have yielded positive results, the Government of Madagascar may allocate fishing opportunities in respect of the new species to the Union fleet until the expiry of this Protocol. The financial contribution referred to in point (a) of Article 2(2) shall consequently be increased. Shipowners' fees and other conditions as provided for in the Annex shall be amended accordingly. Article 7 Conditions governing fishing activities — Exclusivity clause Without prejudice to Article 6 of the Agreement, EU vessels may fish in the waters of Madagascar only if they are in possession of a valid fishing authorisation issued by the Malagasy Ministry responsible for Fisheries under this Protocol and the Annex hereto. Article 8 Suspension and review of the payment of the financial contribution 1. Notwithstanding the provisions of Article 9, the financial contribution referred to in points (a) and (b) of Article 2(2) shall be reviewed or suspended after consultation between the two parties: (a) if fishing activities in Madagascar's fishing zone are prevented for reasons other than natural phenomena; (b) following significant changes in the policy guidelines of either one of the parties affecting the relevant provisions of this Protocol; (c) if the Union notes that there has been a violation of the essential and fundamental human rights provided for in Article 9 of the Cotonou Agreement and following the procedure provided for in Articles 8 and 96 of that Agreement. In this case, all EU fishing vessel activities in the waters of Madagascar shall be suspended. 2. The Union reserves the right to suspend, partially or totally, the payment of the specific financial contribution provided for in point (b) of Article 2(2): (a) if the results obtained are inconsistent with the programming, following an assessment by the Ministry responsible for Fisheries and an evaluation carried out by the Joint Committee; (b) in the event of failure to implement this financial contribution. 3. Payment of the financial contribution shall resume after consultation and agreement by the two parties, as soon as the situation existing prior to the events referred to in paragraph 1 has been re-established, and/or when the results of the financial implementation referred to in paragraph 2 so warrant. Article 9 Suspension of the Implementation of the Protocol 1. Implementation of this Protocol shall be suspended at the initiative of either one of the parties, subject to consultations between and the agreement of the parties within the Joint Committee provided for in Article 9 of the Agreement: (a) if exceptional circumstances, other than natural phenomena, prevent fishing activities in Madagascar's fishing zone; (b) if the Union fails to make the payments provided for in point (a) of Article 2(2) for reasons not covered by Article 8 of this Protocol; (c) where a dispute arises between the parties over the interpretation and implementation of this Protocol and its Annex, which cannot be settled; (d) if either one of the parties does not comply with the provisions of this Protocol and its Annex; (e) following significant policy changes on the part of either one of the parties affecting the relevant provisions of this Protocol; (f) if either one of the parties ascertains a breach of essential and fundamental elements regarding human rights as laid out by Article 9 of the Cotonou Agreement, and following the procedure set out in Articles 8 and 96 thereof; (g) in case of non-compliance with the International Labour Organisation Declaration on Fundamental Principles and Rights at Work as provided in Article 3(5) of the Agreement. 2. The suspension of the implementation of this Protocol shall require the party concerned to notify its intention in writing at least three months before the date on which the suspension is due to take effect. 3. In the event of the implementation being suspended, the parties shall continue to consult each other with a view to finding an amicable settlement to their dispute. Where such settlement is reached, implementation of this Protocol shall resume and the amount of the financial contribution shall be reduced proportionately and pro rata temporis according to the period during which implementation of this Protocol was suspended. Article 10 National law 1. The activities of EU fishing vessels in the waters of Madagascar shall be subject to the laws and regulations of Madagascar, unless otherwise provided under this Protocol and the Annex hereto. 2. The authorities of Madagascar shall inform the European Commission of any changes or new legislation regarding its fishery policy. Article 11 Confidentiality The parties shall ensure that, at any time, all data relating to EU vessels and their fishing activities in the waters of Madagascar will be treated as confidential. These data shall be used exclusively for the implementation of the Agreement and for the purposes of fisheries management, monitoring, control and surveillance by the relevant authorities. Article 12 Electronic data exchange Madagascar and the Union hereby undertake to implement the necessary systems for the electronic exchange of all information and documents related to the implementation of the Agreement as soon as possible. All electronic exchanges shall be the subject of an acknowledgment of receipt. The electronic form of a document shall at any point be considered equivalent to the paper version. Both parties shall immediately notify any disruption of computer systems impeding such exchanges. In such circumstances, the information and documents related to the implementation of the Agreement shall be automatically replaced by their paper version in the manner defined in the Annex. Article 13 Duration This Protocol and the Annex hereto shall apply for a period of two years as from their provisional application, as determined in Article 15, unless notice of termination is given in accordance with Article 14. Article 14 Termination 1. In the event of the termination of this Protocol, the party concerned shall notify the other party in writing of its intention to terminate it at least six months before the date on which such termination takes effect. 2. The sending of the notification referred to in the previous paragraph shall lead to consultations by the parties being initiated. Article 15 Provisional application This Protocol shall be applied provisionally from the date of its signature, and from 1 January 2013 at the earliest. Article 16 Entry into force This Protocol and its Annex shall enter into force on the date on which the parties notify each other of the completion of the procedures necessary for that purpose. For the European Union For the Republic of Madagascar 3а Европейския съюз Por la Unión Europea Za Evropskou unii For Den Europæiske Union Für die Europäische Union Euroopa Liidu nimel Για την Ευρωπαϊκή Ένωση Pour l’Union européenne Per l’Unione europea Eiropas Savienības vārdā – Europos Sąjungos vardu Az Európai Unió részéről Għall-Unjoni Ewropea Voor de Europese Unie W imieniu Unii Europejskiej Pela União Europeia Pentru Uniunea Europeană Za Európsku úniu Za Evropsko unijo Euroopan unionin puolesta För Europeiska unionen +++++ TIFF +++++ За правителството на Република Мадагаскар Por el Gobierno de la República de Madagascar Za vládu Madagaskarské republiky For regeringen for Republikken Madagaskar Für die Regierung der Republik Madagaskar Madagaskari Vabariigi valitsuse nimel Για την Κυβέρνηση της Δημοκρατίας της Μαδαγασκάρης For the Government of the Republic of Madagascar Pour le gouvernement de la République de Madagascar Per il governo della Repubblica del Madagascar Madagaskaras Republikas valdības vārdā – Madagaskaro Respublikos Vyriausybės vardu A Madagaszkári Köztársaság kormánya részéről Għall-Gvern tar-Repubblika tal-Madagaskar Voor de Regering van de Republiek Madagaskar W imieniu rządu Republiki Madagaskaru Pelo Governo da República de Madagáscar Pentru guvernul Republicii Madagascar Za vládu Madagaskarskej republiky Za vlado Republike Madagaskar Madagaskarin tasavallan hallituksen puolesta På Republiken Madagaskars regerings vägnar