EXPLANATORY MEMORANDUM

1.           CONTEXT OF THE PROPOSAL

On the basis of the powers conferred on it by the Council[1], the European Commission has conducted negotiations with the Republic of Madagascar with a view to renewing the Protocol to the Fisheries Partnership Agreement between the European Community and the Republic of Madagascar. At the end of the negotiations a new draft protocol was initialled by the negotiators on 19 June 2014. The new Protocol covers a period of four years from the date of provisional application laid down in Article 15 – i.e. from the date of its signature and 1 January 2015 at the earliest.

The primary objective of the Protocol to the Agreement is to grant fishing opportunities to EU vessels in the fishing zone of the Republic of Madagascar, in line with the management measures adopted by the relevant Regional Fisheries Management Organisation, namely the Indian Ocean Tuna Commission (IOTC) and where relevant, in keeping within the limits of the available surplus. The Commission based itself in part on the results of an ex-post evaluation carried out by external experts.

The general objective is to enhance cooperation between the European Union and the Republic of Madagascar, thereby creating a partnership framework within which to develop a sustainable fisheries policy and sound exploitation of fishery resources in the fishing zone of the Republic of Madagascar, in the interests of both parties.

More specifically, the Protocol provides for fishing opportunities in the following categories:

· 40 tuna seiners;

· 32 surface longliners with a tonnage greater than 100 GT;

· 22 surface longliners with a tonnage less than or equal to 100 GT.

The Commission proposes, on this basis, that the Council, with the consent of the Parliament, adopt this new Protocol by Decision.

2.           RESULTS OF CONSULTATIONS WITH THE INTERESTED PARTIES AND IMPACT ASSESSMENTS

The interested parties were consulted during the evaluation of the Protocol for the period 2013-14. Experts from the Member States were also consulted in technical meetings. These consultations led to the conclusion that it would be beneficial to maintain a fishing protocol with the Republic of Madagascar.

3.           LEGAL ELEMENTS OF THE PROPOSAL

This procedure is being initiated in parallel with the procedures relating to the Council Decision adopting the provisional application of the Protocol itself, as well as with the Council Regulation concerning the allocation of the fishing opportunities between EU Member States.

4.           BUDGETARY IMPLICATION

The annual financial contribution, which is EUR 1 566 250 for each of the first two years of the Protocol and EUR 1 487 500 for each of the following two years, is based on: a) a reference tonnage of 15 750 tonnes linked to access, for an annual amount of EUR 866 250 for each of the first two years of the Protocol and EUR 787 500 for each of the following two years and b) support for the development of the sectoral fisheries policy of the Republic of Madagascar, amounting to EUR 700 000 per year. This support meets the objectives of the national fisheries policy and in particular the needs of the Republic of Madagascar in the fight against illegal fishing.

2014/0318 (NLE)

Proposal for a

COUNCIL DECISION

on the signature, on behalf of the European Union, and provisional application of the Protocol setting out the fishing opportunities and the financial contribution provided for in the Fisheries Partnership Agreement between the European Community and the Republic of Madagascar

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 43(2) in conjunction with Article 218(5) thereof,

Having regard to the proposal from the European Commission,

Whereas:

(1)       On 15 November 2007 the Council adopted Council Regulation (EC) No 31/2008[2] on the conclusion of the Fisheries Partnership Agreement between the European Community and the Republic of Madagascar.

(2)       The Council authorised the Commission to negotiate a new protocol to the partnership agreement granting European Union vessels fishing possibilities in the fishing zone over which Madagascar has jurisdiction. Following completion of those negotiations, a new draft Protocol was initialled on 19 June 2014.

(3)       In order to ensure the resumption of fishing activities by Union vessels, Article 15 of the new Protocol provides for the possibility of the Protocol being applied on a provisional basis by each of the Parties, from the date of its signature and by 1 January 2015 at the earliest.

(4)       This new Protocol should be signed and applied on a provisional basis, pending the completion of the procedures for its conclusion,

HAS ADOPTED THIS DECISION:

Article 1

The signature of the Protocol setting out the fishing opportunities and the financial contribution provided for by the Fisheries Partnership Agreement between the European Community and the Republic of Madagascar is hereby authorised on behalf of the Union, subject to the conclusion of the Protocol.

The text of the Protocol is attached to this Decision.

Article 2

The Secretariat-General of the Council shall establish the instruments of full powers authorising the person(s) indicated by the negotiator of the Protocol to sign it, subject to its conclusion.

Article 3

The Protocol shall apply on a provisional basis, in accordance with Article 15 of the same, from the date on which it is signed and from 1 January 2015 at the earliest, pending completion of the procedures necessary for its conclusions.

Article 4

This Decision shall enter into force on the third day following that of its publication in the Official Journal of the European Union.

Done at Brussels,

                                                                       For the Council

                                                                       The President

LEGISLATIVE FINANCIAL STATEMENT

1.           FRAMEWORK OF THE PROPOSAL/INITIATIVE

              1.1.    Title of the proposal/initiative

Proposal for a Council Decision on the conclusion of the Protocol between the European Union and the Republic of Madagascar setting out the fishing opportunities and the financial contribution provided for in the Fisheries Partnership Agreement between the two parties currently in force.

              1.2.    Policy area(s) concerned in the ABM/ABB structure

11. – Maritime Affairs and Fisheries

11.03 – Compulsory contributions to regional fisheries management organisations (RFMOs) and other international organisations and sustainable fisheries agreements (SFAs).

              1.3.    Nature of the proposal/initiative

The proposal/initiative relates to the extension of an existing action.

              1.4.    Objective(s)

              1.4.1  The Commission's multiannual strategic objective(s) targeted by the proposal/initiative

The negotiation and conclusion of fisheries agreements with third countries meets the general objective of giving EU fishing vessels access to fishing zones under the jurisdiction of third countries and developing partnerships with those countries with a view to strengthening the sustainable exploitation of fishery resources outside EU waters.

The Sustainable Fisheries Partnership Agreements (SFPAs) also ensure consistency between the principles governing the Common Fisheries Policy and the commitments made under other European policies (sustainable use of third-country resources, combating illegal, unreported and unregulated (IUU) fishing, integration of partner countries into the global economy and better political and financial governance of fisheries).

              1.4.2  Specific objective(s) and ABM/ABB activity(ies) concerned

Specific Objective 1:

To contribute to sustainable fishing in non-EU waters, maintain a European presence in distant-water fisheries and protect the interests of the European fisheries sector and consumers by negotiating and concluding FPAs with coastal states, consistent with other European policies.

ABM/ABB activity(ies) concerned

To establish a governance framework for fishing activities carried out by Union fishing vessels in third country waters (SFAs) (budget line 11.03.01).

              1.4.3  Expected result(s) and impact

The conclusion of the Protocol will help maintain fishing opportunities for EU vessels in the fishing zone of the Republic of Madagascar.

The Protocol will also contribute to better management and conservation of fishery resources, through financial support (sectoral support) for the implementation of programmes adopted at national level by the partner country, in particular as regards monitoring and combating illegal fishing.

              1.4.4  Indicators of results and impact

Rates of utilisation of fishing opportunities (uptake of fishing authorisations as a percentage of availability under the Protocol);

Gathering and analysing data on catches and the commercial value of the Agreement;

Contribution to employment and to added value in the EU and to stabilising the EU market (in aggregate with other SFPAs);

Number of technical meetings and meetings of the Joint Committee.

              1.5.    Grounds for the proposal/initiative

              1.5.1  Requirement(s) to be met in the short or long term

The Protocol for the period 2013-14 will expire on 31 December 2014. It is intended that the new Protocol will apply provisionally as of 1 January 2015. To secure continuity of fishing operations, a procedure for adoption by the Council of a decision on the signature and provisional application of the Protocol has been launched in parallel with this procedure.

The new Protocol will provide a framework for the fishing activities of the European Union fleet in the Republic of Madagascar's fishing zone and will allow European vessel owners to apply for fishing authorisations allowing them to fish in the Malagasy fishing zone. In addition, the new Protocol enhances cooperation between the EU and the Republic of Madagascar, with a view to promoting the development of a sustainable fishing policy. It provides, in particular, for vessels to be monitored via VMS and for the electronic transmission of catch data. Until the relevant IT systems become operational, the transmission of catch data and fishing effort, via the usual channels, will be more frequent. Sectoral support has been strengthened to help the Republic of Madagascar meet its international obligations in terms of the State’s responsibility to ensure monitoring of ports.

              1.5.2  Added value of EU involvement

As far as this new Protocol is concerned, failure to act by the EU would allow the emergence of private agreements, which would not help strengthen the capacity of the third country in question to ensure governance for the fishing sector, and would provide less of a guarantee as to the sustainability of fishing activities. The European Union also hopes that with this Protocol, the Republic of Madagascar will continue to cooperate effectively with the EU particularly as regards the management of fishery resources and the fight against illegal fishing.

              1.5.3  Lessons learned from similar experiences in the past

The under-use of fishing possibilities made available to certain segments of the European fleet under the previous protocol has resulted in the parties reducing fishing possibilities in these categories. The share of the contribution paid to the partner third country in exchange for access, by EU economic operators, has increased, whilst the EU share has reduced, in accordance with the principle adopted by the CFP reform applied in other protocols recently negotiated in the Indian Ocean. Sectoral support has been strengthened to take into account programmes previously implemented and to reflect the needs of the Republic of Madagascar’s fisheries administration.

              1.5.4  Compatibility and possible synergy with other appropriate instruments

Funds paid out under SFPAs constitute fungible revenue in the budgets of the third-country partners. However, the conclusion and monitoring of SFPAs is subject to the condition that some of these funds be assigned to the implementation of measures forming part of the country’s sectoral policy. These financial resources are compatible with other sources of funding from other providers of international funding for carrying out projects and/or programmes at national level in the fisheries sector.

              1.6.    Duration and financial impact

Proposal/initiative of limited duration

            Proposal/initiative in effect from 1.1.2015 until 31.12.2018.

            Financial impact from 2015 to 2018

              1.7.    Management method(s) envisaged

Direct management by the Commission

By its departments, including by its staff in the Union delegations;

2.           MANAGEMENT MEASURES

              2.1.    Monitoring and reporting rules

The Commission (DG MARE, in collaboration with its fisheries counsellor in Mauritius and the European Union’s Delegation in Madagascar) will ensure regular monitoring of the implementation of this Protocol, particularly as regards operators’ use of fishing opportunities and in terms of catch data.

The Sustainable Fisheries Partnership Agreement provides for at least one annual meeting of the Joint Committee, at which the Commission and the third country concerned review the implementation of the Agreement and the Protocol thereto and, if necessary, adjust the programming and, where applicable, the financial contribution.

              2.2.    Management and control system

              2.2.1  Risk(s) identified

There is some risk in setting up a fisheries protocol, particularly with regard to the amounts intended to finance the sectoral fisheries policy (under-programming). These difficulties were not encountered with the Republic of Madagascar during the implementation of the 2013-14 Protocol.

              2.2.2  Control method(s) envisaged

To avoid these risks, extensive dialogue is planned on the programming and implementation of the sectoral policy. Joint analysis of results, as referred to in Article 6(3) of the Protocol, also forms part of these control methods.

In addition, the Protocol contains specific clauses for its suspension, on certain conditions and in given circumstances.

              2.3.    Measures to prevent fraud and irregularities

The Commission undertakes to establish regular consultation and a political dialogue with the Republic of Madagascar with a view to improving the management of the Agreement and strengthening the EU’s contribution to the sustainable management of fishery resources. In any case, any payment which the Commission makes under an SFPA is subject to the Commission’s standard rules and budgetary and financial procedures. This makes it possible, in particular, to fully identify the bank accounts of the third countries into which the financial contribution is paid. For this particular Protocol, Article 4(4) stipulates that the financial contribution must be paid into a single Public Treasury account held at the Central Bank of Madagascar.

3.           ESTIMATED FINANCIAL IMPACT OF THE PROPOSAL/INITIATIVE

              3.1.    Heading(s) of the multiannual financial framework and expenditure budget line(s) affected

Existing expenditure budget lines

Following the order of multiannual financial framework headings and budget lines.

Heading of multi-annual financial frame-work || Budget line || Type of expenditure || Contribution

Number [Heading………………………...……………] || DA/ NDA ([3]) || from EFTA countries[4] || from candidate countries[5] || from third countries || within the meaning of Article 18(1)(aa) of the Financial Regulation

2 || 11.0301 To establish a governance framework for fishing activities carried out by Union fishing vessels in third country waters (SFAs) || DA || None || None || None || None

New budget lines requested

(not applicable)

              3.2.    Estimated impact on expenditure

              3.2.1  Summary of estimated impact on expenditure

EUR million (to 3 decimal places)

Heading of multi-annual financial framework: || Number 2 || Preservation and management of natural resources

DG: MARE || || || Year N[6] 2015 || Year N+1 2016 || Year N+2 2017 || Year N+3 2018 || TOTAL

Ÿ Operational appropriations || || || || ||

Number of budget line: 11.0301 || Commitments || (1) || 1.566 || 1.566 || 1.488 || 1.488 || 6.108

Payments || (2) || 1.566 || 1.566 || 1.488 || 1.488 || 6.108

Appropriations of an administrative nature financed from the envelope of specific programmes[7] || || || || ||

Number of budget line: 11.010401 || || (3) || 0.042 || 0.042 || 0.042 || 0.092 || 0.218

TOTAL appropriations for DG MARE || Commitments || =1+3 || 1.608 || 1.608 || 1.530 || 1.580 || 6.326

Payments || =2+3 || 1.608 || 1.608 || 1.530 || 1.580 || 6.326

Ÿ TOTAL operational appropriations || Commitments || (4) || 1.566 || 1.566 || 1.488 || 1.488 || 6.108

Payments || (5) || 1.566 || 1.566 || 1.488 || 1.488 || 6.108

Ÿ TOTAL appropriations of an administrative nature financed from the envelope of specific programmes || (6) || 0.042 || 0.042 || 0.042 || 0.092 || 0.218

TOTAL appropriations for HEADING 2 of the multiannual financial framework || Commitments || =4+ 6 || 1.608 || 1.608 || 1.530 || 1.580 || 6.326

Payments || =5+ 6 || 1.608 || 1.608 || 1.530 || 1.580 || 6.326

If more than one heading is affected by the proposal/initiative: (not applicable)

Ÿ TOTAL operational credits || Commitments || (4) || || || ||

Payments || (5) || || || ||

Ÿ TOTAL appropriations of an administrative nature financed from the envelope of specific programmes || (6) || || || ||

TOTAL appropriations for HEADINGS 1 to 4 of the multiannual financial framework Commitments || Commitments || =4+ 6 || || || ||

Payments || =5+ 6 || || || ||

Heading of multi-annual financial framework: || 5 || ‘Administrative expenditure’

EUR million (to 3 decimal places)

|| || || Year N[8] 2015 || Year N+1 2016 || Year N+2 2017 || Year N+3 2018 || TOTAL

DG MARE

Ÿ Human resources || 0.059 || 0.059 || 0.059 || 0.059 || 0.236

Ÿ Other administrative expenditure || 0.010 || 0.010 || 0.010 || 0.010 || 0.040

TOTAL DG MARE || Appropriations || 0.069 || 0.069 || 0.069 || 0.069 || 0.276

TOTAL appropriations for HEADING 5 of the multiannual financial framework || (Total commitments = Total payments) || 0.069 || 0.069 || 0.069 || 0.069 || 0.276

EUR million (to 3 decimal places)

|| || || Year N[9] 2015 || Year N+1 2016 || Year N+2 2017 || Year N+3 2018 || TOTAL

TOTAL appropriations for HEADINGS 1 to 5 of the multiannual financial framework || Commitments || 1.677 || 1.677 || 1.599 || 1.649 || 6.602

Payments || 1.677 || 1.677 || 1.599 || 1.649 || 6.602

3.2.2      Estimated impact on operational appropriations

The proposal/initiative requires the use of operational appropriations, as explained below:

Commitment appropriations in EUR million (to 3 decimal places)

Indicate the objectives and outputs || || Year N 2015 || Year N+1 2016 || Year N+2 2017 || Year N+2 2018 || TOTAL

OUTPUTS

Type[10] || Average cost of the output || Number || Cost || Number || Cost || Number || Cost || Number || Cost || Total No. || Total cost

SPECIFIC OBJECTIVE No 1…[11] || || || || || || || || || ||

- Access to the Fishing Zone || Volume (tonnes) || N & N+1: 55 EUR/t || 15 750 || 0.866 || 15 750 || 0.866 || 15 750 || 0.788 || 15 750 || 0.788 || 63 000 || 3.308

N+2 & N+3: 50 EUR/t

- Sectoral support || Annual contribution || 0.300 || 1 || 0.700 || 1 || 0.700 || 1 || 0.700 || 1 || 0.700 || 4 || 2.800

Sub-total for specific objective No 1 || || 1.566 || || 1.566 || || 1.488 || || 1.488 || || 6.108

TOTAL COST || || 1.566 || || 1.566 || || 1.488 || || 1.488 || || 6.108

              3.2.3  Estimated impact on appropriations of an administrative nature

              3.2.3.1           Summary

The proposal/initiative requires the use of appropriations of an administrative nature, as explained below:

EUR million (to 3 decimal places)

|| Year N[12] 2015 || Year N+1 2016 || Year N+2 2017 || Year N+3 2018 || TOTAL

HEADING 5 of the multiannual financial framework || || || || ||

Human resources || 0.059 || 0.059 || 0.59 || 0.059 || 0.236

Other administrative expenditure || 0.010 || 0.010 || 0.010 || 0.010 || 0.040

Subtotal HEADING 5 of the multiannual financial framework || 0.069 || 0.069 || 0.069 || 0.069 || 0.276

Outside HEADING 5[13] of the multiannual financial framework || || || || ||

Human resources || 0.036 || 0.036 || 0.036 || 0.036 || 0.144

Other expenditure of an administrative nature || 0.006 || 0.006 || 0.006 || 0.056 || 0.074

Subtotal outside HEADING 5 of the multiannual financial framework || 0.042 || 0.042 || 0.042 || 0.092 || 0.218

TOTAL || 0.111 || 0.111 || 0.111 || 0.161 || 0.494

The appropriations of an administrative nature required will be met by appropriations from the DG that are already assigned to management of the action and/or have been redeployed within the DG, together if necessary with any additional allocation which may be granted to the managing DG under the annual allocation procedure and in the light of budgetary constraints.

              3.2.3.2           Estimated requirements of human resources

The proposal/initiative requires the use of human resources, as explained below:

Estimate to be expressed in full amounts (or at most to one decimal place)

|| Year N 2015 || Year N+1 2016 || Year N+2 2017 || Year N+3 2018

Ÿ Establishment plan posts (officials and temporary agents) || || || ||

|| || || ||

11 01 01 01 (Headquarters and Commission’s Representation Offices) || 0.30 || 0.30 || 0.30 || 0.30

11 01 01 02 (Delegations) || || || ||

Ÿ External personnel (in full-time equivalent – FTE)[14] || || || ||

11 01 02 01 (CA, SNE, INT from the ‘global envelope’) || 0.15 || 0.15 || 0.15 || 0.15

11 01 02 02 (CA, LA, SNE, INT and JED in the delegations) || || || ||

11 01 04 01 [15] || - at Headquarters[16] || || || ||

- in Delegations || 0.25 || 0.25 || 0.25 || 0.25

Other budget lines (specify) || || || ||

TOTAL || 0.7 || 0.7 || || 0.7

11 is the policy area or budget title concerned.

The human resources required will be met by staff from the DG who are already assigned to management of the action and/or have been redeployed within the DG, together if necessary with any additional allocation which may be granted to the managing DG under the annual allocation procedure and in the light of budgetary constraints.

Description of tasks to be carried out:

Officials and temporary staff || Monitoring and management of the process for the (re)negotiation of the SFPA and the approval of the result of the negotiations by the institutions; management of the current SFPA, including permanent operational and financial monitoring; management of licences. Desk Officer DG MARE + Head of Unit/Deputy Head of Unit + secretarial staff: overall estimate of 0.45 FTE/year Unit cost          EUR 132 000 /year Calculation of costs:    0.45 people/year x EUR 132 000 /year Total costs:      EUR 59 400 => EUR 0.059 M

External personnel || Monitoring the implementation of the sectoral support - Contract Agent assigned to Delegation (Mauritius): overall estimate of 0.25 FTE/year Unit cost          EUR 145 000 /year Calculation of costs:    0.25 FTE/year x EUR 145 000 /year Total costs:      EUR 36 250 => EUR 0.036 M

              3.2.4  Compatibility with the current multiannual financial framework

The proposal/initiative is compatible with the current multiannual financial framework.

              3.2.5  Third-party contributions

The proposal/initiative does not provide for co-financing by third parties.

              3.3.    Estimated impact on revenue

The proposal/initiative has no financial impact on revenue.

[1]               Adopted by the Agriculture and Fisheries Council on 14 April 2014.

[2]               OJ L 15, 18.1.2008, p.1.

[3]               DA= Differentiated appropriations / NDA= Non-differentiated appropriations.

[4]               EFTA: European Free Trade Association.

[5]               Candidate countries and, where applicable, potential candidate countries from the Western Balkans.

[6]               Year N is the year in which implementation of the proposal/initiative starts.

[7]               Technical and/or administrative assistance and expenditure in support of the implementation of EU programmes and/or actions (former ‘BA’ lines), indirect research, direct research.

[8]               Year N is the year in which implementation of the proposal/initiative starts.

[9]               Year N is the year in which implementation of the proposal/initiative starts.

[10]             Outputs are products and services to be supplied (e.g.: number of student exchanges financed, number of km of roads built, etc.).

[11]             As described in Section 1.4.2. ‘Specific objective(s)…’

[12]             Year N is the year in which implementation of the proposal/initiative starts.

[13]             Technical and/or administrative assistance and expenditure in support of the implementation of EU programmes and/or actions (former ‘BA’ lines), indirect research, direct research.

[14]             CA= Contract Agent; LA= Local Agent; SNE = Seconded National Expert; INT = agency staff ('intérimaire'); JED = young expert in delegation ('jeune expert en délégation').

[15]             Sub-ceiling for external staff under operational appropriations (former ‘BA’ lines).

[16]             Essentially for Structural Funds, European Agricultural Fund for Rural Development (EAFRD) and European Fisheries Fund (EFF).

ANNEX

Protocol setting out the fishing opportunities and the financial contribution provided for by the Fisheries Partnership Agreement between the European Community and the Republic of Madagascar

Article 1 Scope

1.          The fishing opportunities granted under Article 5 of the Fisheries Partnership Agreement shall be as follows:

Tuna and similar species (tuna, bonito, seerfishes, marlin, swordfish), associated species and fisheries under the Indian Ocean Tuna Commission (IOTC) management mandate, excluding

· species protected by international conventions,

· species whose retention on board, transhipment, landing or whose full or partial storage is prohibited by the IOTC, in particular species belonging to the Alopiidae or Sphyrnidae families, as well as

· the following species: Cethorinus maximus, Rhincodon typus, Carcharodon carcharias, Carcharinus falciformis and Carcharinus longimanus.

· 40 tuna seiners, and

· 32 surface longliners with a tonnage greater than 100 GT

· 22 surface longliners with a tonnage less than or equal to 100 GT.

2.          Paragraph 1 above shall apply subject to the provisions of Articles 8 and 9 of this Protocol.

Article 2

Duration

This Protocol and its Annex shall apply for a period of four years from the date of its provisional application.

Article 3

Principles and objectives underlying the implementation of this Protocol

1.          The two Parties hereby undertake to promote responsible fishing in the fishing zone of Madagascar based on the principle of non-discrimination between the different fleets fishing in that zone. All technical conservation measures relating to the granting of fishing authorisations as specified in Appendix 2 to this Protocol, shall apply to all foreign industrial fleets operating in the Malagasy fishing zone under technical conditions similar to those applicable to European Union fleets.

2.          The Parties undertake to ensure that this Agreement is implemented in accordance with Article 9 of the Cotonou Agreement on essential elements regarding human rights, democratic principles and the rule of law, and fundamental element regarding good governance, sustainable development and sound environmental management.

Article 4 Financial contribution

1.          For the whole of the period referred to in Article 2, the financial contribution referred to in Article 7 of the Fisheries Partnership Agreement shall be EUR 6 107 500.

2.          This financial contribution shall be allocated as follows:

2.1.       an annual amount of EUR 866 250 for each of the first two years of the Protocol, and EUR 787 500 for each of the two following years, equivalent to a reference tonnage, for all species, of 15 750 tonnes per year for obtaining access to the Malagasy fishing zone, and

2.2.       a specific amount of EUR 700 000 per year for supporting and implementing Madagascar’s sectoral fishery resources and fishing policy. The financial contribution for the sectoral support is made available to the Ministry of Fishery Resources and Fishing.

3.          Paragraph 1 of this Article shall apply subject to the provisions of Articles 5, 6, 8, 11 and 12 of this Protocol.

4.          The financial contribution referred to in paragraph 2 shall be paid into a Madagascar Public Treasury account opened at the Madagascar Central Bank, the references of which are communicated to the European Union by Madagascar before the start of the provisional application and to be confirmed each year.

Article 5

Payment of the share of the financial contribution for access

1.          In the event of the annual amount of catches of the species referred to in Article 1 made in the fishing zone of Madagascar, as declared and validated in respect of the European Union fishing vessels in accordance with Section 1 of Chapter IV of the Annex to this Protocol, exceeding the reference tonnage specified in paragraph 2.1 of Article 4, the amount of the annual financial contribution shall be increased by EUR 55 during the first two years of the Protocol, and EUR 50 during the last two years for each additional tonne caught.

2.          However, the annual amount paid by the European Union in respect of access to Madagascar’s fishing zone shall not be more than twice the amount indicated in paragraph 2.1 of Article 4 for the corresponding year. If the amounts caught by European Union vessels in Madagascar’s fishing zone exceed a quantity corresponding to twice that total annual amount, the amount due in respect of the quantity exceeding that limit shall be paid the following year.

3.          The payment of the share of the financial contribution for the access by European Union vessels to the fishing zone of Madagascar 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 of the date of the provisional application of the Protocol for the following years.

4.          The Malagasy authorities shall have full discretion regarding the use to which the financial contribution defined under paragraph 2.1 of Article 4 is put.

Article 6 Implementation and payment of sectoral support

1.          The Joint Committee shall agree on, no later than three months after the start of the provisional application of this Protocol, a multiannual sectoral programme, the general objective of which is to promote responsible and sustainable fisheries in the fishing zone of Madagascar, in accordance with Madagascar’s national fisheries strategy.

2.          The implementation of this multiannual sectoral support programme shall include, amongst other things:

2.1        annual and multiannual guidelines for using the specific amount of the financial contribution referred to in paragraph 2.2. of Article 4;

2.2.       the annual and multiannual objectives to be met in order to introduce responsible fishing and sustainable fisheries, taking account of the priorities expressed by Madagascar in its national fisheries policy, in particular the national strategy for the management of tuna fishing and in particular providing support for traditional and artisanal fisheries, monitoring, control and surveillance of fishing activities and in particular combating illegal, undeclared and unmanaged (IUU) fishing, strengthening the capacity of Malagasy fisheries research or the capacity for managing the access and use of marine ecosystems and fisheries resources;

2.3.       criteria and procedures including, where appropriate, budgetary and financial indicators to be used for evaluating the results obtained each year.

3.          Each year the Malagasy authorities shall submit, in the form of an annual report, a progress report on activities implemented with the assistance of the financial compensation for sectoral support. This report is to considered by the Joint Committee. The annual report relating to the previous year will also include an assessment of the implementation of the sectoral support over the whole duration of the Protocol.

4.          Any proposed amendment to the multiannual sectoral programme shall be submitted to the Joint Committee.

5.          The payment of the share of the financial contribution as regards sectoral support shall be made in annual instalments on the basis of an analysis by the Joint Committee and based on the results of the implementation of the sectoral support, as provided for in paragraphs 3, 4 and 5 of this Article.

6.          The European Union may suspend all or part of the payment of the share of the financial contribution referred to in paragraph 2.2 of Article 4 of this Protocol, under the following conditions:

6.1.       if, following the examination by the Joint Committee in accordance with point 6, the results obtained were considered unsuitable for the programme adopted by the Joint Committee;

6.2.       in the event of failure to implement this financial contribution.

7.          After a suspension as provided for in point 7, the payment of the share of the financial contribution for sectoral support will only resume after consultation and agreement between the two parties and once the results of the implementation of the sectoral support comply with the programme schedule adopted by the Joint Committee. Nevertheless, the payment of the share of the financial contribution for sectoral support may only be made no later than six months after the Protocol expires.

Article 7  Scientific cooperation to ensure responsible fishing

1.          By means of scientific cooperation, the Parties undertake to promote responsible fishing in Madagascar’s fishing zone and for the species and fisheries managed under the management mandate of IOTC. The Parties undertake to comply with the IOTC's recommendations and resolutions.

2.          During the period covered by this Protocol, the European Union and Madagascar shall exchange any relevant scientific information which will make it possible to monitor the condition of fishery resources in Madagascar’s fishing zone.

3.          During the period covered by this Protocol, the Parties may assemble, if necessary, a joint scientific working group in order to examine any scientific question relating to the implementation of this Protocol. The mandate, composition and functioning of this Joint Scientific Working Group shall be laid down by the Joint Committee.

4.          Based on the recommendations and resolutions adopted by the IOTC and in the light of the most recent scientific advice, and where appropriate, the conclusions of Joint Scientific Working Group meetings, the Joint Committee may adopt measures to ensure the sustainable management of the fishery resources covered by this Protocol and concerning the activities of Union fishing vessels.

Article 8 Review of fishing opportunities and technical measures by mutual agreement within the Joint Committee

1.          The fishing opportunities referred to in Article 1 may be adjusted by the Joint Committee insofar as the resolutions and recommendations adopted by the IOTC confirm that such adjustments guarantee the sustainable management of the fish species covered by this Protocol, and, if necessary, further to an opinion being sought from the Joint Scientific Working Group.

2.          In this case, the financial contribution referred to in paragraph 2.1 of Article 4 shall be adjusted proportionately and pro rata temporis and the necessary amendments made to this Protocol and to its Annex.

3.          Where necessary, the Joint Committee may examine and adapt, by mutual agreement, the provisions governing the pursuit of fishing activities and the rules for implementing this Protocol and the Annexes thereto.

Article 9 Exploratory fishing surveys

1.          The Joint Committee may authorise exploratory fishing surveys in the Malagasy fishing zone to test the technical feasibility and economic viability of new fisheries. To this end, and at the request of one of the two Parties, it shall determine the species, conditions and any other appropriate parameters, in accordance with conditions laid down by the joint scientific working group.

2.          The European Union shall communicate to the Malagasy authorities the applications for exploratory fishing authorisations on the basis of a technical file specifying:

· the technical characteristics of the vessel;

· the vessel's officers' level of expertise in the relevant fishery;

· the proposal for the technical parameters of the trip (length, gear, exploration regions, etc.).

3.          The authorisations for experimental fishing are to be granted for for a maximum period of six months. They may be subject to the payment of a fee set by the Malagasy authorities.

4.          A scientific observer appointed by Madagascar shall be present on board throughout the duration of the trip.

5.          Catches obtained during and for the purposes of the exploratory trip shall remain the property of the vessel owner.

6.          The detailed results of the trip shall be sent to the Joint Committee. If the Joint Committee considers that experimental campaigns have yielded positive results, Madagascar may propose to allocate fishing opportunities for the new species to the European Union fleet under another Protocol.

Article 10 Conditions governing fishing activities – Exclusivity clause

1.          The European Union fishing vessels may fish in Madagascar’s fishing zone only if named on the IOTC’s list of authorised fishing vessels and if they have been granted a fishing authorisation issued by the Malagasy authorities under the Partnership Agreement and this Protocol.

2.          The Malagasy authorities may only issue fishing authorisations to European Union fishing vessels under the Partnership Agreement and this Protocol; the issuing of authorisations to such vessels outside of this framework, in the form of private licenses in particular, is prohibited.

3.             The activities of European Union fishing vessels in Madagascar's fishing zone shall be subject to the laws and regulations of Madagascar, unless otherwise provided for under this Protocol and the Annex hereto.

4.          Both Parties shall notify each other of any changes to their fisheries policies and legislation.

Article 11 Suspension

1.          The implementation of this Protocol, including payment of the financial contribution may be suspended unilaterally by one of the Parties in the event of failure to comply with the conditions set out in Article 3 of the Agreement and Article 3 of this Protocol, and also in the following cases and circumstances:

1.1.       force majeure;

1.2.       a major and unresolved dispute between the Parties on the interpretation or implementation of the Agreement and of this Protocol;

1.3.       failure on the part of the European Union to pay the financial contribution referred to in paragraph 2.1 of Article 4, for reasons other than those stated in Article 6 of this Protocol.

2.          Suspension on the grounds of non-compliance with the conditions provided for in Article 3(2) of this Protocol may occur only if the consultation proceedings provided for in Article 96 of the Cotonou Agreement concerning a violation of essential and fundamental elements of human rights, as defined in Article 9 of that Agreement, have commenced.

3.          If the application of the Protocol is suspended for reasons other than those stated in point 2 of this Article, that suspension shall be subject to the Party concerned being required to notify its intention in writing at least three months before the date on which suspension is due to take effect.

4.          The suspension of the Protocol on the grounds given in paragraph 2 of this Article shall apply immediately after the suspension decision has been taken.

5.          In the event of suspension, the Parties shall continue to consult each other with a view to finding an amicable settlement to their dispute. Where such a settlement is reached, application of the Protocol shall resume and the amount of the financial contribution shall be reduced proportionately and pro rata temporis to the period during which the application of the Protocol was suspended.

6.          All activities of European Union fishing vessels in the Malagasy fishing zone shall be suspended for the duration of the period of suspension.

Article 12 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 would take effect.

2.          The sending of the notification referred to in the previous paragraph shall lead to consultations between the Parties being initiated.

Article 13 Confidentiality of data

1.          Madagascar and the European Union shall undertake that all nominative data relating to European Union fishing vessels and their fishing activities obtained within the framework of the Agreement will, at all times, be processed strictly in accordance with the principles of confidentiality and data protection.

2.          The Parties shall ensure that only aggregated data related to fishing activities in the Malagasy fishing zone are made publicly available, in accordance with the relevant provisions of the IOTC.

3.          Data which may be considered confidential must be used by the competent authorities exclusively for the purposes of implementing the Agreement and for fishery management, controls and monitoring.

Article 14 Electronic data exchange

1.          Madagascar and the European Union undertake to implement the necessary computer 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.

2.          The electronic form of a document shall be considered in all ways equivalent to the paper version.

3.          Madagascar and the European Union shall inform each other of any malfunction of a computer system immediately. The information and documents relating to the implementation of the Agreement shall then be automatically replaced by their paper version.

Article 15 Provisional application

This Protocol shall be applied provisionally from the date of its signature but no earlier than 1 January 2015.

Article 16 Entry into force

This Protocol shall enter into force on the date on which the Parties notify each other of the completion of the procedures necessary for that purpose.

ANNEX

CONDITIONS FOR THE EXERCISE OF FISHING ACTIVITIES BY EUROPEAN UNION VESSELS IN THE FISHING ZONE OF MADAGASCAR

CHAPTER I

General provisions

1.          Designation of competent authority

For the purposes of this Annex and unless otherwise specified, any reference to the European Union (EU) or to the Republic of Madagascar (Madagascar) as a competent authority shall mean:

1.1.       for the EU: the European Commission, where applicable via the EU Delegation to Madagascar;

1.2.       for the Republic of Madagascar: the Ministry responsible for Fishery Resources and Fishing.

2.          Fishing Authorisation

For the purposes of applying the provisions of this Annex, the term ‘fishing authorisation’ shall be equivalent to ‘licence’, as defined in Malagasy legislation.

3.          Madagascar’s fishing zone

3.1.       Madagascar’s fishing zone is defined as Malagasy waters in which Madagascar allows European Union fishing vessels to engage in fishing activities.

3.1.1.     The geographical coordinates of the Malagasy fishing zone and the baseline are indicated in Appendix 3 to the Annex to this Protocol.

3.1.2.     The areas which are closed to fishing, in accordance with the Malagasy legislation in force such as national parks, protected marine areas and fish breeding zones are indicated in Appendix 4.

3.2.       All the provisions of the Protocol and its Annex shall apply exclusively in the fishing zone of Madagascar, as indicated in Appendix 3, without prejudice to the following provisions:

3.2.1.     European Union vessels may carry out fishing activities in waters beyond 20 nautical miles from the base line in the case of tuna seiners and surface longliners.

3.2.2.     A protection area of 3 nautical miles around anchored fish aggregating devices (FADs) used by Malagasy fishermen is established, which EU vessels may not enter. Madagascar shall notify the position of the anchored FADs beyond 17 miles to the EU and indicate the fishing authorisations issued to vessels of the European Union.

3.2.3.     Furthermore, the areas of the Leven Bank and Castor Bank, the coordinates of which are indicated in Appendix 4, may only be used for Malagasy artesanal and traditional fishing.

4.          Designation of an agent

Any EU vessel owner wishing to obtain a fishing authorisation under the present Protocol must be represented by an agent resident in Madagascar.

5.          Bank account for payments by vessel owners

Madagascar shall notify the EU before the date of the provisional application of the Protocol, of the details of the Trésor Public (public treasury) bank account into which the financial sums payable by EU vessel owners should be paid under the Agreement. The associated bank transfer costs shall be borne by the vessel owners.

6.          The contacts:

The contact details for both Parties concerning the implementation of this Protocol are shown in Appendix 9.

CHAPTER II

Fishing authorisations

1.          Condition for obtaining a fishing authorisation – eligible vessels

The fishing authorisations referred to in Article 6 of the Agreement shall be issued on the condition that the vessel is listed in the register of EU fishing vessels and is named on the list of fishing vessels authorised by the Indian Ocean Tuna Commission (IOTC). In addition, the master and the vessel may not be prohibited from fishing in Madagascar’s fishing zone.

2.          Application for a fishing authorisation

2.1.       The EU shall submit to Madagascar by electronic means, with a copy to the EU Delegation in Madagascar, an application for a fishing authorisation in respect of any vessel wishing to fish under the Agreement.

2.2        The applications shall be made on the form included in Appendix 1 to this Annex.

2.3.       Each initial application for a fishing authorisation, or an application submitted due to a change in the technical characteristics of the vessel concerned, shall be accompanied by:

· proof of payment of the flat-rate advance fee for its period of validity;

· a recent colour photograph of the vessel, showing a lateral view, and at least 15 cm x 10 cm in size;

· where appropriate, an attestation of the approval or registration of the health of the vessel, issued by the relevant EU authority;

2.4.       In the case of renewal of a fishing authorisation under the Protocol in force for a vessel whose technical specifications have not been modified, the renewal application need only be accompanied by proof of payment of the flat-rate advance.

3.          Fee and flat-rate advance fee

3.1.       The fee payable for tuna seiners and surface longliners, in EUR per tonne caught in the fishing zone for Madagascar, is established as being the following:

· EUR 60/tonne for the first two years of implementation;

· EUR 70/tonne for the last two years of implementation.

3.2.       Fishing authorisations shall be issued once the following flat-rate advance fees have been paid to the competent national authorities:

For tuna seiners:

· EUR 11 400 per tuna seiner, equivalent to the fees due for 190 tonnes per year for the first two years of implementation;

· EUR 13 300 per tuna seiner, equivalent to the fees due for 190 tonnes per year for the last two years of implementation;

For surface longliners of a tonnage greater than 100 GT

· EUR 3 600 per surface longliner, equivalent to the fees due for 60 tonnes per year for the first two years of implementation;

· EUR 4 200 per surface longliner, equivalent to the fees due for 60 tonnes per year for the last two years of implementation;

For surface longliners with a tonnage less than or equal to 100 GT.

· EUR 2 400 per surface longliner, equivalent to the fees due for 40 tonnes per year for the first two years of implementation;

· EUR 2 800 per surface longliner, equivalent to the fees due for 40 tonnes per year for the last two years of implementation;

3.3.       The amount of the flat-rate fee shall include all local and national taxes with the exception of port taxes, landing taxes, transhipment taxes and charges for the provision of services.

4.          Issuing of fishing authorisations

4.1.       Once it has received the fishing authorisation applications described in point 2 above, Madagascar has 20 working days to issue fishing authorisations to vessels of the European Union whose application is deemed consistent with paragraphs 2.2, 2.3 and 2.4.

4.2.       The original fishing authorisation issued shall be transmitted immediately to the vessel owners or their agents in Madagascar via the EU Delegation in Madagascar.

4.3.       A copy of this fishing authorisation shall be sent immediately electronically to the EU Delegation and to the vessel owners or their agents. This copy, which is held on board, may be used for a maximum period of 60 calendar days after the date on which the authorisation was issued. After this period, the original of the fishing authorisation must be kept on board.

5.          Transfer of fishing authorisations

5.1.       The fishing authorisation shall be issued for a given vessel and shall not be transferable.

5.2.       However, at the request of the EU and where force majeure is proven, in particular in the event of the loss or prolonged immobilisation of a vessel due to a serious technical failure, the fishing authorisation of the initial vessel shall be replaced by a new authorisation for another vessel of the same category as that which it will replace, with no further fee due.

5.3.       In this case, the calculation of the catch levels to determine whether an additional payment should be made shall take account of the sum of the total catches of the two vessels in the Madagascar fishing zone.

5.4.       The owner of the first vessel, or his agent, shall return the cancelled fishing authorisation to the Malagasy FMC via the EU Delegation to Madagascar.

5.5.       The new fishing authorisation shall take effect on the day on which the cancelled fishing authorisation is returned to the Malagasy FMC. The EU Delegation shall be informed of the transfer of the fishing authorisation.

6.          Period of validity of the fishing authorisation

6.1.       The fishing authorisations shall be drawn up for an annual period.

6.2.       The authorisations shall be renewable.

6.3.       If the provisional application is not scheduled to start on 1 January 2015, in order to establish the start of the period of validity of the fishing authorisation, annual period shall mean:

· for the first year of application of the Protocol, the period between the date of its provisional application and 31 December of the same year;

· and then, each complete calendar year;

· in the case of the last year of application of the Protocol, the period between 1 January and the date of expiry of the Protocol.

7.          Documents to be carried on board

Whilst in Malagasy waters or in a Malagasy port, the following documents must be carried on board the fishing vessel at all times:

· the original fishing authorisation, however, for a period of 60 calendar days, and pending receipt of the original, a copy of the fishing authorisation referred to in point 4.3 of this section, is authentic;

· the vessel's navigation licence, or any equivalent document issued by the flag authority;

· a plan of the vessel's capacity, in the form of up-to-date drawings or descriptions of the layout of the fishing vessel and in particular, the number of fish holds of the fishing vessels, with the storage capacity expressed in cubic metres.

8.          Support vessels

8.1.       At the request of the EU, and following an examination by the Malagasy authorities, Madagascar shall authorise European Union fishing vessels which have been granted a fishing authorisation to be assisted by support vessels.

8.2.       Support vessels must fly the flag of an EU Member State and must not be equipped for fishing. This support must not include refuelling or transhipment of catches.

8.3.       Support vessels are subject to the same procedure as regards the sending of applications for fishing authorisations set out in this chapter, to the extent applicable. Madagascar shall draw up a list of authorised support vessels and send it immediately to the EU.

8.4.       The annual licence fee applicable to the support vessel shall be EUR 3 500/year.

CHAPTER III

Technical Conservation Measures

1.          The European Union fishing vessels authorised to fish in Madagascar’s fishing zone shall comply with all technical conservation measures, recommendations and resolutions issued by the IOTC and the Malagasy legislation in force applicable to them.

2.          The technical conservation measures applicable to the European Union fishing vessels holding a fishing authorisation, relating to the fishing zone, fishing gear and by-catches, shall be defined for each fishing category in the technical sheets contained in Appendix 2 to this Annex.

3.          During fishing operations in the Malagasy fishing zone, and with the exception of natural drifting fish aggregating devices (FADs), the use of fishing supports which change the behaviour of highly migratory species and encourage in particular their concentration near to or beneath the fishing support, shall be limited to so-called green artificial drifting FADs, designed, built and used in a way which helps to avoid cetaceans, sharks or turtles being caught accidentally by the support. These supports must be made from biodegradable materials. The deployment and use of these artificial drifting FADs shall comply with the recommendations and resolutions of the IOTC.

CHAPTER IV

Section 1:

System of reporting of catches and fishing effort

1.          Fishing log

1.1.       The master of an EU fishing vessel fishing under the Agreement shall keep a fishing logbook in accordance with the relevant IOTC resolutions for longliners and seiners.

1.2.       The fishing logbook shall be completed by the master for each day the vessel is present in Madagascar's fishing zone.

1.3.       Each day the master shall record in the fishing logbook the quantity of each species, identified by its FAO alpha 3 code, caught and kept on board, expressed in kilograms of live weight or, where necessary, the number of individual fish. For each main species, the master shall also mention zero catches, by-catches and discards.

1.4.       The fishing logbook shall be filled in legibly, in block capitals, and shall be signed by the master.

1.5.       The master shall be responsible for the accuracy of the data recorded in the fishing logbook.

2.          Catch reporting

2.1.       The master shall notify the vessel's catch by submitting its fishing logbooks for the period of its presence in Madagascar’s fishing zone, to Madagascar.

2.2.       Until such time as the electronic fishing data communication system mentioned in point 3 of this Section has been set up, the fishing logbooks shall be transmitted in the following ways:

2.2.1.     when passing through a Malagasy port, the original of each fishing logbook shall be submitted to the local representative in Madagascar, who shall confirm receipt thereof in writing;

2.2.2.     when leaving the Malagasy fishing zone without first passing through a Malagasy port, the original of each fishing logbook shall be sent:

· immediately in a scanned format by email to the email addresses provided by the competent authorities of Madagascar;

or, otherwise,

· by fax, to the number provided by the competent authorities of Madagascar, or

· within a period of 7 working days after arrival in any other port, and in any case within a period of 15 working days after leaving the fishing zone of Madagascar, by post, to the address given in Appendix 9.

2.3.       The master shall send a copy of all the fishing logbooks to the EU and the competent flag State authority. The master shall also send a copy of all the fishing logbooks:

· to the USTA – Antsiranana Tuna Statistical Unit

and to one of the following scientific institutes:

· Institut de recherche pour le développement (IRD);

· Instituto Español de Oceanografía (IEO);

· Instituto Português do Mar e da Atmosfera (IPMA).

2.4.       The return of the vessel into Madagascar’s fishing zone within the period of validity of its fishing authorisation shall give rise to further catch reporting.

2.5.       Where the provisions concerning catch reporting are not complied with, Madagascar may suspend the fishing authorisation of the vessel concerned until the missing catch report is obtained and penalise the vessel owner in accordance with the relevant provisions under the Malagasy legislation in force. If the offence is repeated, Madagascar may refuse to renew the fishing authorisation.

2.6.       Madagascar shall inform the EU of any penalty applied in this context at the time of the notification to the vessel owner.

3.          Operation of an electronic fishing data communication system (ERS)

The two Parties agree to use an electronic system for declaring fishing data based on the guidelines contained in Appendix 8. The Parties undertake to make the system operational within six months of the provisional application of this Protocol.

4.          Quarterly and annual declarations of catches and fishing effort

4.1.       Quarterly declarations

4.1.1.     If the electronic system for the declaration of fishing data referred to in point 3 of this section is not operational, the EU shall notify Madagascar, before the end of the third month of each quarter, of the data relating to catches and fishing effort (number of days at sea) for each category provided for in this Protocol and corresponding to the months of the previous quarter, in accordance with the template provided in Appendix 5 to this Annex.

4.1.2.     This aggregated data from the fishing logbooks shall be considered provisional until notification by the EU of a definitive annual statement of catches and fishing effort.

4.2.       Annual declarations

4.2.1.     For each tuna seiner and surface longliner authorised to fish in the fishing zone of Madagascar, the EU will draw up an annual declaration of catches and fishing effort (number of days at sea), for each species and by month, on the basis of the catch data validated by the national administrations of the flag States and following an analysis carried out by the fisheries research institutes of the European Union mentioned above by means of cross-checking the available data contained in fishing logbooks, landing reports, sales notes and, where appropriate, scientific observation reports.

4.2.2.     The methodology used by the fisheries research institutes of the European Union to examine the level and composition of catches in the Malagasy fishing zone is shared with the USTA (Antsiranana Tuna Statistical Unit), the Malagasy FMC and the Ministry for Fishery Resources and Fishing's Department for Statistics and Programming.

5.          Final statement of fees for tuna-seiners and surface longliners

5.1.       On the basis of the annual declaration of catches and efforts referred to in paragraph 4.2 of this section and in respect of each European Union tuna seiner and surface longliner which has been authorised to fish during the previous year in Madagascar’s fishing zone, the EU shall draw up a final statement of the fees owed by the vessel in respect of its annual season for the previous calendar year.

5.2.       The annual reporting of catches and effort and the final statement of fees shall be forwarded by the EU to Madagascar before 31 July of the year following the year in which the catches were made for confirmation.

5.3.       Madagascar shall notify the EU that these declarations and the statement have been received and may request any clarification that it considers necessary.

5.3.1.     In such cases, the EU will contact the administrations of the flag States and the relevant national institutes from the EU and send Madagascar the additional information requested within 20 working days.

5.3.2     If necessary, a special meeting of the scientific working group, to which representatives of the relevant national institutes from the EU and Madagascar are invited, may be called for the purpose of examining the catch data and methodologies used for cross-checking information.

5.4.       Madagascar shall have 30 working days following the date of the notification referred to in point 5.3 of this section to challenge the annual declaration of catches and effort and the final statement of fees, on the basis of documentary proof.

5.4.1.     In the case of disagreement, the Parties shall consult each other in the Joint Committee.

5.4.2.     In the absence of disagreement and once this time period has expired, the Parties shall consider the annual declaration of catches and fishing effort and the final statement of account as having been adopted.

5.5.       Where the final statement is greater than the flat-rate advance fee paid to obtain the fishing authorisation, the vessel owner shall pay the outstanding balance to Madagascar by 30 September of the year in progress. Where the final statement is less than the flat-rate advance fee, the remaining amount may not be reclaimed by the vessel owner.

Section 2:

Entering and leaving Madagascar's fishing zone

1.          Masters of European Union fishing vessels operating under this Protocol in the Malagasy fishing zone shall notify, at least three hours in advance, the relevant Malagasy authorities of their intention to enter or leave Madagascar’s fishing zone.

2.          When notifying entry into/exit from the Malagasy fishing zone, the masters of the vessels shall also communicate their position and the estimated amounts of each species, identified by their FAO 3‑alpha code, caught and already held on board, expressed in kilograms of live weight or, where necessary, the number of individual fish, without prejudice to the provisions of Section 2 of Appendix 8. This information shall be communicated by e-mail, fax, or radio message to the addresses listed in Appendix 9.

3.          The Malagasy authorities shall acknowledge receipt of the e-mail by return e-mail.

4.          A vessel found to be fishing without having informed the Malagasy FMC shall be regarded as a vessel without a fishing authorisation and shall be subject to the penalties provided for under Malagasy law.

5.          The e-mail address, fax and telephone numbers and radio coordinates of the Malagasy FMC shall be annexed to the fishing authorisation.

6.          Madagascar shall immediately inform the EU and the vessels concerned of any change to the e-mail address, fax number or radio frequency.

Section 3:

Transhipment and landings

1.          Any transhipment operation at sea is prohibited.

2.          A transhipment operation in Malagasy waters may be carried out in a Malagasy port designated to that effect after prior authorisation by the Madagascar FMC and under the control of fishing inspectors from Madagascar.

3.          The fishing ports designated for these transhipment operations are Antsiranana for seiners and Toliara, Ehoala, Toamasina and Mahajanga for longliners.

4.          The owner of a European Union fishing vessel, or his representative, wishing to land or tranship in a Malagasy port shall simultaneously provide the FMC and the port authority in Madagascar, with the following information, at least 72 hours in advance:

· the name and registration number in the IOTC register of fishing vessels of the fishing vessel involved in the transhipment or landing;

· the port of landing or transhipment, and, where applicable, the names of the cargo vessel;

· the date and time scheduled for the landing or transhipment;

· the quantity of each species held on board, identified by its FAO 3‑alpha code and expressed in kilograms of live weight or, if necessary, the number of individual fish;

· the destination of the transhipped or landed catches.

5.          After examining the information referred to in point 4 of this section and within 24 hours following notification, the FMC in Madagascar shall issue the vessel owner or his representative with prior authorisation of landing or transhipment.

6.          Transhipment and landing shall be considered as an exit from the Malagasy fishing zone. To this end, the provisions referred to in Section 2 of this Chapter shall apply.

7.          Following the transhipment or landing, the vessel owner or his representative shall notify their intention to exercise fishing activities in Madagascar’s fishing zone, or leave Madagascar’s fishing zone.

8.          Any transhipment or landing not complying with the provisions of points 1 to 7 above shall be prohibited in Madagascar’s fishing zone. Any person infringing this provision may incur the penalties provided for by Malagasy law.

9.          In accordance with the provisions of the appropriate IOTC resolution, EU seiners landing in a Malagasy port shall endeavour to make their by-catches available to the local processing companies at the local market price. Upon request from the vessel owners of the EU fishing vessels, the Regional Directorates of the Malagasy Ministry for Fishery Resources and Fishing shall provide a list of and contact details for the local processing companies.

10.        European Union tuna vessels choosing to land their catches in a Malagasy port shall benefit from a reduction of EUR 5 per tonne fished in Madagascar’s fishing zone on the fee indicated in point 3.1 of Chapter II of this Annex for the fishing category of the vessel concerned. An additional reduction of EUR 5 per tonne shall be granted where fisheries products are sold to a processing factory in Madagascar.

Section 4:

Satellite-based vessel monitoring system (VMS)

1.          Vessel position messages – VMS system

1.1.       EU fishing vessels holding a fishing authorisation must be equipped with a satellite monitoring system (Vessel Monitoring System – VMS) to enable automatic and continuous communication of their position, at all times, to the fishing control centre (Fisheries Monitoring Centre – FMC) of their flag state.

1.2.       Each position message must be configured in accordance with the format included in Appendix 7 to this Annex and contain:

· the vessel identification;

· the vessel's most recent geographical position (longitude, latitude), with a margin of error of less than 500 metres and a confidence interval of 99 %;

· the date and time the position is recorded;

· the speed and the course of the vessel.

1.3.       The first position recorded after entry into the Malagasy fishing zone is identified by the code ‘ENT’. All subsequent positions shall be identified by the code ‘POS’, with the exception of the first position recorded after departure from the Madagascar fishing zone, which shall be identified by the code ‘EXI’.

1.4.       The FMC of the flag state shall ensure the automatic processing and, if necessary, the electronic transmission of the position messages. The position messages shall be recorded in a secure manner and kept for a period of three years.

2.          Transmission by the vessel in the event of breakdown of the VMS

2.1.       The master shall ensure that the vessel's VMS is fully operational at all times and that the position messages are correctly transmitted to the FMC of the flag State.

2.2.       EU vessels fishing with defective VMS systems are not authorised to enter the fishing zone of Madagascar.

2.3.       In the event of breakdown after entry into Madagascar’s fishing zone, the vessel’s VMS shall be repaired or replaced within a period of fifteen days. After that period, the vessel shall no longer be authorised to fish in Madagascar’s fishing zone.

2.4.       Vessels fishing in the Malagasy fishing zone with a defective VMS system must communicate their position messages by e-mail, radio or fax to the FMC of the flag State and Madagascar, at least every four hours, and must provide all the compulsory information detailed in paragraph 1.2. of this Section.

3.          Secure communication of the position messages to Madagascar

3.1.       The FMC of the flag State shall automatically send the position messages of the vessels concerned to the FMC in Madagascar. The FMC of the flag state and of Madagascar shall exchange their contact e-mail addresses and inform each other without delay of any change to these addresses.

3.2.       The transmission of position messages between the FMCs of the flag State and that of Madagascar shall be carried out electronically using a secure communication system.

3.3.       The FMC in Madagascar shall inform the flag State FMC and the EU of any interruption in the reception of consecutive position messages from a vessel holding a fishing authorisation, where the vessel concerned has not notified its departure from the Malagasy fishing zone.

4.          Malfunction of the communication system

4.1.       Madagascar shall ensure the compatibility of its electronic equipment with that of the flag State FMC and inform the EU immediately of any malfunction as regards the communication and reception of position messages with a view to finding a technical solution as soon as possible.

4.2.       The Joint Committee shall deal with any disputes which may arise.

4.3.       The master shall be considered to be responsible for any proven manipulation of the vessel’s VMS aimed at disturbing its operation or falsifying its position messages. Any infringements shall be subject to the penalties provided for by the Malagasy legislation in force.

5.          Revision of the frequency of position messages

5.1.       On the basis of documentary evidence proving an infringement, the FMC in Madagascar may ask the flag state FMC, copying the EU into such correspondence, to reduce the interval for sending position messages from a vessel to every thirty minutes for a set period of investigation.

5.2.       This documentary evidence must be sent by the FMC in Madagascar to the flag state FMC and the EU.

5.3.       The flag state FMC shall immediately send the position messages to Madagascar at the reduced frequency.

5.4.       The Malagasy FMC shall immediately notify the FMC of the flag State and the EU of the end of the inspection procedure.

5.5.       At the end of the set investigation period, the Malagasy FMC shall inform the flag State FMC and the EU of the possible follow up, if any.

6.          Validity of the VMS message in case of dispute

The position data supplied by the VMS system shall be authentic in case of dispute between the Parties.

Section 5:

Observers

1.          Observation of fishing activities

1.1.       Both Parties recognise the importance of fulfilling the obligations under relevant IOTC Resolutions as regards the Scientific Observer Programme.

1.2.         For the purposes of complying with these obligations, the provisions applicable to observers are as follows:

1.2.1.     At the request of the Malagasy authorities, the European Union fishing vessels authorised to fish in the Malagasy fishing zone shall take on board observers representing 10 % of the total number of vessels authorised to fish, per fishing category as referred to in Chapter I.

1.2.2.     The observers shall be responsible for ensuring the application of the provisions provided for in the IOTC resolutions referred to in point 1.1 or any other need to collect scientific information identified by the relevant Malagasy national institute or by the joint scientific working group.

1.2.3.     Observers shall be appointed by the competent authorities of Madagascar.

1.3.       Vessels with a tonnage equal to or less than 100 GT shall be exempt from the provisions laid down in this section.

2.          Designated vessels and observers

2.1.       At the time of the issuing of the fishing authorisations, Madagascar shall publish and, if necessary, update a list of the vessels selected to take an observer on board in accordance with the objectives referred to in point 1.2.2 above.

2.2.       Madagascar shall electronically forward this list to the EU immediately after its issuing or updating. If one of the vessels selected is short of space and if this shortage is duly documented as being due to safety requirements, particularly relating to acts of piracy, the European Union and Madagascar shall amend the list of vessels selected in order to reflect this situation, while ensuring that the objective referred to paragraph 1.2.1. can be met.

2.3.       Once the list of vessels selected to take an observer on board has been finalised, Madagascar shall inform the vessel owners or their agents, of the vessels which must allow an observer to embark when operating in the fishing zone of Madagascar.

2.4.       Once the embarkation date has been agreed between the Malagasy authorities and the vessel owner selected as referred to in point 7.2 of this section, Madagascar shall inform the EU and the vessel owner, or its agent, of the name and details of the observers appointed.

2.5.       Madagascar shall immediately inform the EU and the European Union vessel owners concerned, or their representative, of any change to the designated vessels and observers in accordance with points 2.1 and 2.3 of this section.

2.6        Madagascar and the EU shall make every effort, in collaboration with the other coastal States of the South-West Indian Ocean, to develop a concerted regional implementation of the observer programme, inter alia at the initiative of the IOTC.

2.7        A European Union fishing vessel designated to take on board an observer in accordance with point 2.1 , shall be exempt from complying with this obligation if an observer is already on board and continues to be on board throughout the planned duration, provided that the observer:

· is recognised by means of a regional observer programme to which Madagascar and the EU are Parties, or;

· was taken on board as a result of obligations equivalent to those referred to in point 1.2.2 of this section and provided for in other Sustainable Fisheries Partnership Agreements between the European Union and other coastal States in the South-West Indian Ocean.

· is in a position to meet the objectives contained in paragraphs 1.2.1 and 8 of this section and can transmit to the Malagasy FMC his observations at the time that the vessel is present in Madagascar's fishing zone.

2.8.       The observers shall not spend more time on board the vessel than is necessary to carry out their duties.

3.          Financial contribution by the vessel owners

3.1.       Without prejudice to an observer programme agreed at regional level, as referred to in point 2.6 of this section and in respect of any observer appointed by Madagascar to be taken on board a European Union fishing vessel, the vessel owner shall contribute the sum of EUR 20 for each day that the observer is on board. This sum shall be paid by the vessel owners to the Observers Programme administered by the FMC of Madagascar.

3.2.       All costs of mobilisation and demobilisation between the port of embarkation or disembarkation and the habitual residence of the Malagasy observer to Madagascar shall be borne by the vessel owner.

4.          Observer’s salary

The salary and social contributions for the observer shall be borne by the authorities of Madagascar.

5.          Embarkation conditions

5.1.       The embarkation conditions for the observer, in particular the duration of presence on board, shall be defined by mutual agreement between the vessel owner or its local agent and Madagascar.

5.2.       Observers shall be treated on board as officers. However, receiving the observer on board shall take into account the technical structure of the vessel.

5.3.       The vessel owner shall bear the costs of providing accommodation and food for the observer on board.

5.4.       The master shall take all the measures for which he is responsible to guarantee the physical safety and general wellbeing of the observer.

5.5.       The observer shall be offered every facility needed to carry out their duties. The master of the vessel shall provide observers with access to means of communication and any documents on board, and to documents relating to the fishing activities of the vessel, in particular the fishing logbook, freeze log and navigation log, and the parts of the vessel directly linked to their duties.

6.          Observer’s obligations

Whilst they are on board observers shall:

· take all appropriate measures so as not to interrupt or hinder fishing operations;

· respect on-board property and equipment;

· respect the confidential nature of any document belonging to the vessel.

7.          Embarkation and landing of observers

7.1.       The observer shall embark in a port chosen by the vessel owner.

7.2.       The vessel owner or its representative shall notify Madagascar, with a notice period of 10 days before embarkation, of the date, time and port of embarkation of the observer. If the observer is embarked in a foreign country, his travel and transit expenses (including as regards accommodation and food) in order to reach the port of embarkation shall be borne by the vessel owner.

7.3.       If the observer does not arrive to embark within 12 hours of the date and time set, the vessel owner shall be automatically discharged from his obligation to allow the observer to embark. They shall be free to leave the port and start fishing operations.

7.4.       If the observer is not disembarked in a Malagasy port, the vessel owner shall bear the costs of their travel and transit expenses (including as regards accommodation and food) in order to reach their habitual residence in Madagascar.

7.5.       If the vessel does not arrive at the agreed time at a previously agreed port to receive an observer, the owner shall pay the costs relating to the observer’s inability to board while waiting at the port (accommodation, food, etc.).

7.6.       If the vessel does not arrive, Madagascar may suspend the fishing authorisation of the vessel concerned and apply the penalties provided for under the Malagasy legislation in force, except in case of force majeure notified to the Madagascar FMC. In the latter case, the vessel owner shall agree, with the Malagasy authorities, a new date for the observer's embarkation and the vessel may not engage in fishing activities in the fishing zone of Madagascar until the observer has been taken on board. Madagascar shall immediately inform the EU and the vessel owner of the measures taken pursuant to this point.

8.          Observer’s obligations

8.1.       The observer shall carry out the following duties:

8.1.1.     Collating all information relating to the vessel's fishing activities, in particular as regards:

· the fishing gears used.

· the position of the vessel during fishing operations;

· the volumes or, where appropriate, the number of fish caught for each target species and each associated species, as well as the number of accidental catches and by-catches;

· an estimated number of catches retained on board and discards;

8.1.2.     Conducting the biological sampling provided for in scientific programmes.

8.2.       The observers shall, on a daily basis, communicate observations by radio, fax or e-mail while the vessel is operating in Madagascar’s fishing zone, including the quantity of catches and by-catches on board and any other duties as required by the Malagasy FMC.

9.          Observer’s report

9.1.       Before leaving the vessel, the observer shall submit a report of his observations to the master of the vessel. The master of the vessel shall have the right to make comments in the observer’s report. The report shall be signed by the observer and the master, who will receive a copy of the report. If the master refuses to sign the observer's report, he shall write in the inspection report the reasons of his refusal with the mention ‘refusal to sign’.

9.2.       The observer shall send his report to the Malagasy FMC, which shall send a copy of it to the EU within 15 working days of the disembarkation of the observer.

Section 6:

Inspection at sea and in port

1.          The inspection at sea or in port, in dock or in harbour, in the Madagascar fishing zone, of European Union fishing vessels holding a fishing authorisation shall be performed by vessels and inspectors from Madagascar duly authorised to conduct fisheries inspections.

2.          Before going on board, the Malagasy inspectors shall inform the European Union vessel of their decision to perform an inspection. The inspection shall be performed by fisheries inspectors. Before the inspections begin, the inspectors must prove their identity, qualifications and the scope of their mission.

3.          The inspectors shall only stay on board the European Union vessel for the time necessary to carry out tasks linked to the inspection. They shall carry out the inspection in such a way as to minimise the impact on the vessel, its fishing activity and cargo.

3.1.       Madagascar may authorise the EU's representatives to participate in the inspection as observers.

3.2.       The master of the European Union fishing vessel shall allow inspectors to come on board and carry out their work.

3.3.       At the end of each inspection, the inspectors shall draw up an inspection report. The master of the European Union fishing vessel shall have the right to comment in the inspection report. The inspection report shall be signed by the inspector drawing up the report and the master of the European Union vessel. Should the master refuse to sign the inspection report, they will write the reasons for their refusal in the inspection report with the statement ‘refusal to sign’.

3.4.       The inspectors shall issue a copy of the inspection report to the master of the EU fishing vessel before leaving the vessel. Madagascar shall send a copy of the inspection report to the EU within eight working days of inspectors' returning to land, without prejudice to the provisions referred to in point 1 of Section 7 of this Annex.

Section 7:

Infringements

1.          Handling of infringements

1.1.       Any infringement committed in Madagascar’s fishing zone by a European Union fishing vessel holding a fishing authorisation in accordance with the provisions of this Annex and which has been the subject of a notification is to be referred to in an (inspection) report.

1.2.       In the event of an infringement in Madagascar’s fishing zone by an EU fishing vessel, notification of that infringement and the additional penalties imposed on the master or the fishing company shall be sent directly to the vessel owners in accordance with the procedures set out in Madagascar’s fisheries legislation.

1.3.       A copy of the inspection report and the notification of the infringement shall be transmitted electronically by Madagascar to the EU within 72 hours.

1.4.       The signature of the inspection report by the master shall be without prejudice to the vessel owner's right of defence in respect of the infringement concerned.

2.          Detention of a vessel – Information meeting

2.1.       If an infringement is established, and if current Malagasy legislation so permits, any EU fishing vessel which has committed an infringement may be forced to cease its fishing activity and, where the vessel is at sea, to return to a port of Madagascar.

2.2.       Madagascar shall provide electronic notification to the EU, within 24 hours, of any detentions of an EU fishing vessel. The notification will refer to the reasons of the arrest and/or detention and be accompanied by evidence of the infringement concerned.

2.3.       Before taking any measure against the vessel, the master, the crew or the cargo, with the exception of measures aimed at protecting evidence, Madagascar shall organise, within one working day after notification of the vessel's detention, an information meeting to clarify the events which led to the vessel’s detention and explaining what further action may be taken. A representative of the flag State and of the vessel owner may attend this information meeting.

3.          Penalties for infringements – Compromise procedure

3.1.       The penalty for an established infringement shall be established by Madagascar according to the provisions of the Malagasy legislation in force.

3.2.       Where settling the infringement involves legal proceedings, before these are initiated and provided that the infringement does not involve a criminal act, a compromise procedure shall be undertaken between the Malagasy authorities and the EU vessel in order to determine the terms and level of the penalty. The compromise procedure shall finish at the latest 72 hours after notification of the vessel’s detention.

3.3.       A representative of the flag State of the European Union fishing vessel may participate in the compromise procedure.

4.          Legal proceedings – Bank security

4.1.       If the compromise procedure fails and the infringement is brought before the competent court, the owner of the vessel which committed the infringement shall deposit a bank security at a bank designated by Madagascar, the amount of which, as set by Madagascar, shall cover the costs linked to the detention of the vessel, the estimated fine and any compensation. The bank security may not be recovered until the legal proceedings have been concluded.

4.2.       The bank guarantee shall be released and returned to the vessel owner as soon as possible after the judgment has been delivered:

· in full, if no penalty has been imposed;

· for the amount of the remaining balance, if the penalty is a fine which is lower than the amount of the bank security.

4.3.       Madagascar shall inform the EU of the outcome of the legal proceedings within eight days of the judgment being delivered.

5.          Release of the vessel and the crew

The vessel and its crew shall be authorised to leave the port once the penalty has been paid in a compromise procedure, or once the bank security has been deposited.

Section 8

Participatory monitoring in the fight against IUU fishing

1.          Objective

In order to strengthen the monitoring of fishing on the high seas and in order to promote the fight against IUU fishing, European Union fishing vessels are encouraged to report the presence of any vessels in the Malgasy fishing zone not named on the IOTC list of vessels or on the list of foreign vessels authorised to fish in the Malagasy fishing zone provided by Madagascar.

2.          Procedure

2.1.       Where the master of an EU fishing vessel witnesses a fishing vessel engaged in activities which may constitute IUU fishing, he or she may seek as much information as possible about what has been sighted.

2.2.       This information shall be sent immediately to the FMC in Madagascar and also to the competent authorities of the flag State of the vessel from which the observation was made. Upon receipt, the competent authorities will forward the information electronically to the EU.

2.3.       The EU shall forward this information to Madagascar.

3.          Reciprocity

Madagascar shall send the EU any sighting reports it has on fishing vessels engaged in activities which may constitute IUU fishing in the Malagasy fishing zone.

CHAPTER V

Signing-on of seamen

1.          The owners of European Union fishing vessels operating under this Protocol shall endeavour to bring aboard nationals of Madagascar or other ACP countries, during the fishing season in the Malagasy fishing zone. The number of Malagasy seamen aboard a European Union fishing vessel shall be at least two in the case of seiners and one for longliners of more than 100 GT.

2.          Vessel owners failing to carry the minimum number of Malagasy seamen as referred to in point 1, shall pay a lump sum of EUR 20 per day and per seaman not on board.

3.          The International Labour Organisation (ILO) Declaration on Fundamental Principles and Rights at Work shall apply as of right to seamen taken on board EU fishing vessels. This concerns in particular the freedom of association and the effective recognition of the right to collective bargaining, and the elimination of discrimination in respect of employment and occupation.

4.          The employment contracts of Malagasy seamen shall be drawn up between the vessel owners’ representative(s) and the seamen and/or their trade unions or representatives; a copy of these contracts shall be provided to the relevant Malagasy authorities and to the signatories of those contracts. These contracts shall guarantee the seamen the social security cover applicable to them, in accordance with Malagasy legislation, including life assurance and sickness and accident insurance.

5.          Malagasy seamen's wages shall be paid by the vessel owners. They shall be set by mutual agreement between the vessel owners or their representatives and the seamen and/or their trade unions or representatives. However, the wage conditions granted to seamen shall not be lower than those applied in Madagascar and shall not be below ILO standards.

6.          All seamen employed by owners of European Union fishing vessels shall report to the master of the vessel in the question on the day before their proposed boarding date. Where a seaman fails to report at the date and time agreed for embarkation, vessel owners shall be automatically absolved of their obligation to take the seaman on board.

7.          All costs of mobilisation and demobilisation between the port of embarkation or disembarkation and the habitual residence of the Malagasy seaman to Madagascar shall be borne by the vessel owner.

LIST OF APPENDICES:

Appendix 1 – Application form for a fishing authorisation

Appendix 2 – Technical sheet

Appendix 3 – Coordinates (latitude and longitude) of Madagascar's fishing zone

Appendix 4 – Geographical coordinates of the area reserved exclusively for small-scale fishing and traditional Malagasy fishing

Appendix 5 – Template for quarterly declarations of provisional catches and fishing effort

Appendix 6 – Forms for declaring entry into/exit from the fishing zone

Appendix 7 – Format of VMS position message

Appendix 8 – Guidelines for implementing the electronic reporting system for data relating to fishing activities (ERS)

Appendix 9 – Contact details in Madagascar

Appendix 1 – Application form for a fishing authorisation

Ministry of Fisheries Resources and Fisheries of the Republic of Madagascar

Sustainable Fisheries Partnership Agreement

Madagascar – European Union

Application for a FISHING AUTHORISATION

I- APPLICANT

1.      Name of vessel owner:................................................Nationality:...........................................................................

2.      Address of vessel owner: ..........................................................................................................................................

3.      Name of association or organisation of producers for the vessel owner: ............................................................

4.      Address of association or organisation of producers for the vessel owner: ..........................................................

5.      Tel:............................................    Fax: ........................................               Email: ……............…………....................

6.      Name of agent .............................................................................................................................................

7.      Address of agent: ........................................................................................................................................

8.      Tel:............................................    Fax: ........................................               Email: ……............…………....................

9.      Master’s name: ..................................       Nationality: ………..........................  Email: ………………………

II –VESSEL AND IDENTIFICATION

1.      Vessel name: ........................................................................................................................................................

2.      Flag State…........................................................................................................................................................

3.      External registration number: …………........................................................................................................

4.      Port of registry: …………………. MMSI: ………….…… IMO number:…….…….……………….

5.      Date on which current flag was acquired: ........../........./.............. Previous flag (if any) : ………...

6.      Year and place of construction: ....../......./.......... in…………........ Radio call sign: .....................................

7.      Call frequency: ………….............. Vessel Satellite Phone No: ……………..…………...………………..

8.      Hull construction material:      Steel ¨  Wood ¨                Polyester ¨           Other ¨……………………………...

III- TECHNICAL CHARACTERISTICS AND EQUIPMENT

1.      Overall length: ..................................................         Width: ....................................... Draught:…………….

2.      Tonnage (expressed in GT): ..................................  Net tonnage: ……………….……………………

3.      Power of main engine in KW: .......................Make: .................................            Type: ….......................

4.      Type of vessel:           ¨ Tuna Seiner     ¨ Support vessel

         Name(s) and external registration number(s) of tuna

         seiner(s) to which the support vessel is linked:

         ………………………………………………………………

         ………………………………………………………………

         ¨ Surface longliner > 100 GT ¨ Surface longliner ≤ 100 GT

5.      Fishing gear types: ....................................................................................................................................................

6.      Fishing zones: ………………………………………………………………………………………………...

7.      Target species: …………………………………………………………………………………………………

8.      Designated port for landing operations: ………………………………….…………………………

9.      Crew complement: ..........................................................................................................................

10.    Method of preservation on board:  Fresh ¨         Chilling ¨             Mixed ¨               Freezing ¨

11.    Freezing capacity in tonnes/ 24 hours: .................Hold capacity: ...............     Number: .....

12.          VMS transponder:

                Manufacturer: …………………… Model: …………………. Serial number: ……………………………

                Software version: ........................................................... Satellite operator: ……………………………

I, the undersigned, certify that the information provided in this application is true and given in good faith

               

Done at..............................................., on ......................................

Signature of applicant...................................................................

Appendix 2 – TECHNICAL SHEET

1 - Technical Conservation Measures 1.1.       Fishing zone:

Beyond 20 nautical miles from the base line. Fishing zone indicated in Appendix 3. A protection area of 3 miles around national anchored fish aggregating devices must be complied with. The Leven Bank and Castor Bank, the coordinates of which are indicated in Appendix 4, are reserved exclusively for traditional and small-scale Malagasy fisheries.

1.2.       Authorised gear:

Seine Surface longliners

1.3.       Authorised species

Tuna and similar species (tuna, bonito, seerfishes, marlin, swordfish), associated species and fisheries under the Indian Ocean Tuna Commission (IOTC) management mandate excluding § species protected by international conventions, § species whose retention on board, transhipment, landing or whose full or partial storage is prohibited by the IOTC, in particular species belonging to the Alopiidae or Sphyrnidae families, as well as § the following species: Cethorinus maximus, Rhincodon typus, Carcharodon carcharias, Carcharinus falciformis and Carcharinus longimanus. The numbers of sharks caught in association with tuna and similar species in fisheries under the IOTC management mandate by European Union surface longliners authorised to fish under this Protocol shall be limited to 250 tonnes per year in Madagascar’s fishing zone. If this catch limit is exceeded, shark fishing will be closed in accordance with the relevant legislation of the Parties as applicable to this subject. The masters of the vessels shall therefore take measures necessary to avoid any accidental catches of elasmobranch species.

1.4        By-catches:

IOTC recommendations complied with

2 - Fees to be paid by vessel owners/catch equivalent:

Fee to be paid by vessel owners per tonne caught || EUR 60/tonne during the first two years of the application of the Protocol EUR 70/tonne during the last two years of the application of the Protocol.

Annual flat-rate advance fees to be paid by vessel owners: || EUR 11 400/year per tuna seiner during the first two years and EUR 13 300 /year during the last two years, in respect of 190 tonnes; EUR 3 600/year per surface longliner vessel > 100 GT for the first two years and 4 200 EUR/year for the last two years, in respect of 60 tonnes; EUR 2 400/year per surface longliner vessel ≤ 100 GT for the first two years and 2 800 EUR/year for the last two years, in respect of 40 tonnes;

Number of vessels authorised to fish || 40 seiner vessels 32 surface longliner vessels > 100 GT 22 surface longliner vessels ≤ 100 GT

3 – Miscellaneous

Fee per support vessel: EUR 3 500 per vessel

Seamen: Tuna seiners: at least 2 seamen on board during the fishing season in the fishing zone of Madagascar will have Malagasy nationality. Surface longliners: At least 1 seaman on board during the fishing season in Madagascar’s fishing zone will have Malagasy nationality. Vessel owners shall endeavour to take on board additional seamen of Malagasy nationality.

Observers: § European Union fishing vessels shall, at the request of the authorities of Madagascar, take on board one observer in order to reach the cover rate of 10% of vessels authorised to fish in the Malagasy fishing zone. However, surface longliners with a tonnage less than or equal to 100 GT shall be exempt from this measure. § With regard to any vessel taking aboard an observer, the vessel owner is asked to pay a contribution of EUR 20 for each day on board. This sum shall be paid to the Observers Programme administered by the FMC.

Appendix 3 – Coordinates (latitude and longitude) of Madagascar’s Fishing Zone

Point || LatDD || LonDD || || LatitudeString || LongitudeString

1 || -10.3144 || 49.4408 || || 10° 18' 52" S || 049° 26' 27" E

2 || -11.0935 || 50.1877 || || 11° 05' 37" S || 050° 11' 16" E

3 || -11.5434 || 50.4776 || || 11° 32' 36" S || 050° 28' 39" E

4 || -12.7985 || 53.2164 || || 12° 47' 55" S || 053° 12' 59" E

5 || -14.0069 || 52.7392 || || 14° 00' 25" S || 052° 44' 21" E

6 || -16.1024 || 52.4145 || || 16° 06' 09" S || 052° 24' 52" E

7 || -17.3875 || 52.3847 || || 17° 23' 15" S || 052° 23' 05" E

8 || -18.2880 || 52.5550 || || 18° 17' 17" S || 052° 33' 18" E

9 || -18.7010 || 52.7866 || || 18° 42' 04" S || 052° 47' 12" E

10 || -18.8000 || 52.8000 || || 18° 48' 00" S || 052° 47' 60" E

11 || -20.4000 || 52.0000 || || 20° 23' 60" S || 052° 00' 00" E

12 || -22.3889 || 51.7197 || || 22° 23' 20" S || 051° 43' 11" E

13 || -23.2702 || 51.3943 || || 23° 16' 13" S || 051° 23' 39" E

14 || -23.6405 || 51.3390 || || 23° 38' 26" S || 051° 20' 20" E

15 || -25.1681 || 50.8964 || || 25° 10' 05" S || 050° 53' 47" E

16 || -25.4100 || 50.7773 || || 25° 24' 36" S || 050° 46' 38" E

17 || -26.2151 || 50.5157 || || 26° 12' 54" S || 050° 30' 57" E

18 || -26.9004 || 50.1112 || || 26° 54' 01" S || 050° 06' 40" E

19 || -26.9575 || 50.0255 || || 26° 57' 27" S || 050° 01' 32" E

20 || -27.4048 || 49.6781 || || 27° 24' 17" S || 049° 40' 41" E

21 || -27.7998 || 49.1927 || || 27° 47' 59" S || 049° 11' 34" E

22 || -28.1139 || 48.6014 || || 28° 06' 50" S || 048° 36' 05" E

23 || -28.7064 || 46.8002 || || 28° 42' 23" S || 046° 48' 01" E

24 || -28.8587 || 46.1839 || || 28° 51' 31" S || 046° 11' 02" E

25 || -28.9206 || 45.5510 || || 28° 55' 14" S || 045° 33' 04" E

26 || -28.9301 || 44.9085 || || 28° 55' 48" S || 044° 54' 31" E

27 || -28.8016 || 44.1090 || || 28° 48' 06" S || 044° 06' 32" E

28 || -28.2948 || 42.7551 || || 28° 17' 41" S || 042° 45' 18" E

29 || -28.0501 || 42.2459 || || 28° 03' 00" S || 042° 14' 45" E

30 || -27.8000 || 41.9000 || || 27° 48' 00" S || 041° 53' 60" E

31 || -27.5095 || 41.5404 || || 27° 30' 34" S || 041° 32' 25" E

32 || -27.0622 || 41.1644 || || 27° 03' 44" S || 041° 09' 52" E

33 || -26.4435 || 40.7183 || || 26° 26' 37" S || 040° 43' 06" E

34 || -25.7440 || 40.3590 || || 25° 44' 38" S || 040° 21' 32" E

35 || -24.8056 || 41.0598 || || 24° 48' 20" S || 041° 03' 35" E

36 || -24.2116 || 41.4440 || || 24° 12' 42" S || 041° 26' 38" E

37 || -23.6643 || 41.7153 || || 23° 39' 51" S || 041° 42' 55" E

38 || -22.6317 || 41.8386 || || 22° 37' 54" S || 041° 50' 19" E

39 || -21.7798 || 41.7652 || || 21° 46' 47" S || 041° 45' 55" E

40 || -21.3149 || 41.6927 || || 21° 18' 54" S || 041° 41' 34" E

41 || -20.9003 || 41.5831 || || 20° 54' 01" S || 041° 34' 59" E

42 || -20.6769 || 41.6124 || || 20° 40' 37" S || 041° 36' 45" E

43 || -19.6645 || 41.5654 || || 19° 39' 52" S || 041° 33' 55" E

44 || -19.2790 || 41.2489 || || 19° 16' 44" S || 041° 14' 56" E

45 || -18.6603 || 42.0531 || || 18° 39' 37" S || 042° 03' 11" E

46 || -18.0464 || 42.7813 || || 18° 02' 47" S || 042° 46' 53" E

47 || -17.7633 || 43.0335 || || 17° 45' 48" S || 043° 02' 01" E

48 || -17.2255 || 43.3119 || || 17° 13' 32" S || 043° 18' 43" E

49 || -16.7782 || 43.4356 || || 16° 46' 42" S || 043° 26' 08" E

50 || -15.3933 || 42.5195 || || 15° 23' 36" S || 042° 31' 10" E

51 || -14.4487 || 43.0263 || || 14° 26' 55" S || 043° 01' 35" E

52 || -14.4130 || 43.6069 || || 14° 24' 47" S || 043° 36' 25" E

53 || -14.5510 || 44.3684 || || 14° 33' 04" S || 044° 22' 06" E

54 || -14.5367 || 45.0275 || || 14° 32' 12" S || 045° 01' 39" E

55 || -14.3154 || 45.8555 || || 14° 18' 55" S || 045° 51' 20" E

56 || -13.8824 || 46.3861 || || 13° 52' 57" S || 046° 23' 10" E

57 || -12.8460 || 46.6944 || || 12° 50' 46" S || 046° 41' 40" E

58 || -12.6981 || 47.2079 || || 12° 41' 53" S || 047° 12' 28" E

59 || -12.4637 || 47.7409 || || 12° 27' 49" S || 047° 44' 27" E

60 || -12.0116 || 47.9670 || || 12° 00' 42" S || 047° 58' 01" E

61 || -11.0158 || 48.5552 || || 11° 00' 57" S || 048° 33' 19" E

62 || -10.3144 || 49.4408 || || 10° 18' 52" S || 049° 26' 27" E

NB: The geographical coordinates of the base line will be notified by Madagascar no later than the provisional application of this Protocol.

Appendix 4 – Geographical coordinates of the area reserved exclusively for small-scale fishing and traditional Malagasy fishing

Point || Latitude || Longitude

1 || 12°18.44S || 47°35.63

2 || 11°56.64S || 47°51.38E

3 || 11°53S || 48°00E

4 || 12°18S || 48°14E

5 || 12°30S || 48°05E

6 || 12°32S || 47°58E

7 || 12°56S || 47°47E

8 || 13°01S || 47°31E

9 || 12°53S || 47°26E

Appendix 5 – Template for quarterly declarations of provisional catches and fishing effort

Appendix 6 – Form for entry/exit catch report

COMMUNICATION FORMAT REPORTS

1. ENTRY REPORT FORMAT (WITHIN 3 HOURS BEFORE ENTRY)

ADDRESSEE: MADAGASCAR FMC

ACTION CODE: IN

VESSEL NAME:

INTERNATIONAL RADIO CALL SIGN:

FLAG COUNTRY:

TYPE OF VESSEL:

LICENCE NO:

POSITION OF ENTRY:

DATE AND HOUR (UTC) OF ENTRY:

TOTAL QUANTITY OF FISH ON BOARD (KG):

- YFT (Albacore/ Yellowfin tuna/ Thunnus albacares) in kg:

- SKJ (Listao/ Skipjack/ Katsuwonus pelamis) in kg:

- BET (Patudo/ Bigeye tuna/ Thunnus obesus) in kg:

- ALB (Germon/ Albacore tuna/ Thunnus alalunga) in kg:

- OTHERS (SPECIFY) in kg:

2. EXIT REPORT FORMAT (WITHIN 3 HOURS BEFORE EXIT)

ADDRESSEE: MADAGASCAR FMC

ACTION CODE: OUT

NAME OF VESSEL:

INTERNATIONAL RADIO CALL SIGN:

FLAG COUNTRY:

TYPE OF VESSEL

LICENCE NO:

POSITION OF EXIT:

DATE AND HOUR (UTC) OF EXIT:

TOTAL QUANTITY OF FISH ON BOARD (KG):

- YFT (Albacore/ Yellowfin tuna/ Thunnus albacares) in kg:

- SKJ (Listao/ Skipjack/ Katsuwonus pelamis) in kg:

- BET (Patudo/ Bigeye tuna/ Thunnus obesus) in kg:

- ALB (Germon/ Albacore tuna/ Thunnus alalunga) in kg:

- OTHERS (SPECIFY) in kg:

All reports shall be transmitted to the competent authority at:

Fax: (+261) 20 22 490 14

E-mail: csp-mprh@blueline.mg

Centre de Surveillance des Pêches de Madagascar, B.P.60 114 Antananarivo

Appendix 7 – Format of VMS position message

COMMUNICATION OF VMS MESSAGES TO MADAGASCAR

FORMAT OF VMS DATA - POSITION REPORT

Data Element || Code number || Mandatory/ Optional || Comments

Start record || SR || M || System detail indicating start of record

Addressee || AD || M || Message detail–Addressee Alpha-3 country code (ISO-3166)

From || FR || M || Message detail – Sender Alpha-3 country code (ISO-3166)

Flag State || FS || M || Message detail – Flag State Alpha-3 code (ISO-3166)

Type of message || TM || M || Message detail – Message type (ENT, POS, EXI)

Radio call sign (IRCS) || RC || M || Vessel detail – Vessel international radio call sign (IRCS)

Contracting Party internal reference number || IR || O || Vessel detail – Unique contracting party number Alpha-3 code (ISO-3166) followed by number

External registration number || XR || M || Vessel detail – Number on side of vessel (ISO 8859.1)

Latitude || LT || M || Vessel position detail – Position in degrees and decimal degrees +/- DD.ddd (WGS84)

Longitude || LG || M || Vessel position detail – Position in degrees and decimal degrees +/- DD.ddd (WGS84)

Course || CO || M || Vessel course 360° scale

Speed || SP || M || Vessel speed in tenths of knots

Date || DA || M || Vessel position detail – Date of record of UTC position (YYYYMMDD)

Time || TI || M || Vessel position detail – Time of record of UTC position (HHMM)

End record || ER || M || System detail indicating end of record

Each data transmission is structured as follows:

Characters used must comply with the ISO 8859.1 standard.

A double slash (//) and the characters ‘SR’ indicate the start of a message.

Each data element is identified by its code and separated from the other data elements by a double slash (//).

A single slash (/) separates the field code and the data.

The ‘ER’ code followed by a double slash (//) indicates the end of the message.

The optional data elements must be inserted between the start and the end of the message.

Appendix 8 – Guidelines for implementing the electronic reporting system for fishing activities (ERS)

(1) General provisions

(1) All Union fishing vessels must be equipped with an electronic system, hereinafter referred to as an ‘ERS’, capable of recording and transmitting data on the vessel’s fishing activities, hereinafter referred to as ‘ERS data’, when the vessel is operating in the Malagasy fishing zone.

(2) An EU vessel that is not equipped with an ERS, or whose ERS is not working, shall not be authorised to enter the Malagasy fishing zone in order to engage in fishing activities.

(3) ERS data shall be transmitted in accordance with the procedures of the vessel’s flag State, i.e. they shall firstly be sent to the Fisheries Monitoring Centre (hereinafter: FMC) of the flag State which will make them automatically available to the Malagasy FMC.

(4) The flag State and Madagascar shall ensure that their FMCs have the necessary IT equipment and software to automatically transmit ERS data in xml format, and shall have a backup procedure in place capable of recording and storing ERS data in a format which will be computer-readable for at least three years.

(5) ERS data must be transmitted using the electronic means of communication operated by the European Commission on behalf of the EU, referred to as the DEH (Data Exchange Highway).

(6) The flag State and Madagascar shall each designate an ERS correspondent who will act as the point of contact.

(1) ERS correspondents shall be designated for a minimum period of six months.

(2) The FMCs of the flag State and Madagascar shall notify one another of the contact details (name, address, telephone number, fax, e-mail address) of their ERS correspondent, before the supplier starts production of the ERS.

(3) Any changes to the contact details of the ERS correspondent must be notified immediately.

(2) Producing and communicating ERS data

(1) Union fishing vessels shall:

(1) communicate daily the ERS data for each day spent in the Malagasy fishing zone,

(2) record the quantity of each species caught and kept on board as target species or by-catch, or discarded, for each fishing operation;

(3) for each species identified in the fishing authorisation issued by Madagascar, also declare zero catches;

(4) identify each species by its FAO alpha 3 code;

(5) express the quantities in kilograms of live weight or, if necessary, the number of individual fish;

(6) record by species in the ERS data the quantity transhipped and/or unloaded;

(7) record, in the ERS data, a specific message declaring the quantities held on board of each species specified in the fishing authorisation issued by Madagascar at each entry into (COE) or exit from (COX) the Malagasy fishing zone;

(8) transmit ERS data on a daily basis to the FMC of the flag State, according to the format referred to in point 2 above, by 23:59 UTC at the latest.

(2) The master is responsible for the accuracy of the ERS data recorded and sent.

(3) The FMC of the flag State shall send the ERS data automatically and without delay to the Malagasy FMC.

(4) The Malagasy FMC shall confirm that it has received the ERS data by means of a return message and shall handle all ERS data confidentially.

(3) Failure of the on-board ERS and/or transmission of ERS data between the vessel and the FMC of the flag State

(1) The flag State shall immediately inform the master and/or owner of a vessel flying its flag, or their agent, of any technical failure of the ERS installed on board the vessel or any breakdown in transmission of ERS data between the vessel and the FMC of the flag State.

(2) The flag State shall inform Madagascar of the failure detected and the corrective measures taken.

(3) In the event of a breakdown in the on-board ERS, the master and/or owner shall ensure the ERS is repaired or replaced within ten days. If the vessel makes a call at a port within those ten days, it may only resume fishing activity in the Malagasy fishing zone once its ERS is in perfect working order, unless Madagascar authorises otherwise.

(1) Following a technical failure in its ERS, a fishing vessel may not leave port until its ERS functions again to the satisfaction of the flag State and Madagascar, or

(2) it receives authorisation from the flag State. In the latter case, the flag State shall inform Madagascar of its decision before the vessel leaves.

(4) Any EU vessels operating in the Malagasy fishing zone with a faulty ERS must transmit all ERS data on a daily basis and by 23:59 UTC at the latest to the FMC of the flag State by any other available means of electronic communication accessible by the Malagasy FMC.

(5) ERS data which could not be made available to Madagascar via the ERS owing to the failure of the system shall be transmitted by the FMC of the flag State to the Malagasy FMC by another mutually agreed form of electronic communication. This alternative transmission shall be considered priority, it being understood that it may not be possible to comply with the transmission deadlines usually applicable.

(6) If the Malagasy FMC does not receive ERS data from a vessel for three consecutive days, Madagascar may instruct a vessel to immediately call at a port of its choosing in order to investigate.

(4) FMC failure – ERS data not received by Malagasy FMC

(1) In the event that ERS data are not received by an FMC, its ERS correspondent shall immediately inform the ERS correspondent for the other FMC, and if necessary they shall work together to resolve the problem.

(2) Before the ERS becomes operational, the FMC of the flag State and the Malagasy FMC shall mutually agree on the alternative means of electronic communication to be used in order to transmit ERS data in the event of an FMC failure, and shall immediately inform one another of any changes thereto.

(3) If the Malagasy FMC reports that ERS data has not been received, the FMC of the flag State shall identify the causes of the problem and take appropriate measures in order to resolve the problem. The FMC of the flag State shall inform the Malagasy FMC and the EU of the outcome of the measures taken within 24 hours after recognising the failure.

(4) If more than 24 hours is required in order to resolve the problem, the FMC of the flag State shall immediately transmit the missing ERS data to the Malagasy FMC via one of the alternative means of electronic communication referred to in point 5 of paragraph 3.

(5) Madagascar shall inform its competent monitoring services (CMS) so that EU vessels are not considered by the Malagasy FMC to be in violation of their obligations for not transmitting ERS data owing to a failure in one of the FMCs.

(5) FMC maintenance

(1) Planned maintenance of an FMC (maintenance programme) which may affect the exchange of ERS data must be notified at least 72 hours in advance to the other FMC, indicating, where possible, the date and duration of the maintenance work. Information about unplanned maintenance work shall be sent to the other FMC as soon as possible.

(2) During the maintenance work, the provision of ERS data may be put on hold until the system is operational again. The relevant ERS data shall be made available immediately after the maintenance work has been completed.

(3) If the maintenance work takes more than 24 hours, ERS data shall be sent to the other FMC using one of the alternative means of electronic communication referred to in point (v) of paragraph 3.

(4) Madagascar shall inform its competent monitoring services (CMS) so that EU vessels are not considered to be in violation of their obligations for not transmitting ERS data owing to the maintenance of an FMC.

(6) Routing of ERS data in Madagascar

(1) For the purposes of transmitting ERS data from the flag State to Madagascar, electronic communication means, to be managed by the European Commission on behalf of the EU, will be used, these being identified as DEH (Data Exchange Highway) as referred to in point 1 of this Appendix.

(2) For the purposes of managing the fishing activities by the EU fleet, this data shall be stored and made available for consultation by authorised European Commission staff, on behalf of the European Union.

Appendix 9 – Contact details in Madagascar

N.B.: Madagascar will provide all the information set out below by the entry into force of this Protocol at the latest

1.             Ministère des Ressources Halieutiques et de la Pêche (Ministry for Fishery Resources and Fishing)

Name, address, e-mail address, telephone and fax numbers

2.             Application for a fishing authorisation

Name, address, e-mail address, telephone and fax numbers

3.          Direction de la Statistique et de la Programmation (DSP) (Directorate for Statistics and Programming)

Name, address, e-mail address, telephone and fax numbers

4.          Fisheries Monitoring Centre (FMC) and notification of entry and exit

Name of FMC (call sign):

Radio:

VHF: F1 channel 16; F2 channel 71

HF: F1 5.283 MHZ; F2 7.3495 MHZ

Postal address, main e-mail address, alternative e-mail address, telephone and fax numbers.

5.             Unité de Statistique Thonière d'Antsiranana (Antsiranana Tuna Statistical Unit)

Postal address, e-mail address, telephone and fax numbers