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Document 22014A1219(02)

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

OJ L 365, 19.12.2014, p. 8–43 (BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

ELI: http://data.europa.eu/eli/agree_prot/2014/929/oj

19.12.2014   

EN

Official Journal of the European Union

L 365/8


PROTOCOL

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

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 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 4 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 (MRHP).

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 the 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 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 2, 3 and 4 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 paragraph 5, 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 paragraph 6, 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 paragraph 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.

For the European Union

For the Republic of Madagascar


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 a 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 artisanal and traditional fishing.

4.   Appointment 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 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 × 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 points 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 the fishing authorisation shall be sent immediately electronically to the EU Delegation and to the vessel owners or their agents. The 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 Fisheries Monitoring Centre (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 numbers 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 efforts

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 set out 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).

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 Malagasy 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

Image

Image

Appendix 2

Image

Image

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

Image

Appendix 6

Image

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

i.

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.

ii.

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.

iii.

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.

iv.

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.

v.

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).

vi.

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

a.

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

b.

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.

c.

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

2.   Producing and communicating ERS data

i.

Union fishing vessels shall:

a.

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

b.

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

c.

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

d.

identify each species by its FAO alpha 3 code;

e.

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

f.

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

g.

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;

h.

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.

ii.

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

iii.

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

iv.

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

i.

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.

ii.

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

iii.

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.

a.

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

b.

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

iv.

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.

v.

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.

vi.

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

i.

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.

ii.

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.

iii.

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.

iv.

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.

v.

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

i.

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.

ii.

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.

iii.

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.

iv.

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

i.

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.

ii.

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


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