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Document 22023A0719(02)
Sustainable Fisheries Partnership Agreement between the European Union and the Republic of Madagascar
Sustainable Fisheries Partnership Agreement between the European Union and the Republic of Madagascar
Sustainable Fisheries Partnership Agreement between the European Union and the Republic of Madagascar
ST/9007/2023/INIT
OJ L 182, 19.7.2023, p. 25–81
(BG, ES, CS, DA, DE, ET, EL, EN, FR, GA, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
In force
|
19.7.2023 |
EN |
Official Journal of the European Union |
L 182/25 |
SUSTAINABLE FISHERIES PARTNERSHIP AGREEMENT BETWEEN THE EUROPEAN UNION AND THE REPUBLIC OF MADAGASCAR
THE EUROPEAN UNION,
hereinafter referred to as ‘the Union’, and
THE REPUBLIC OF MADAGASCAR,
hereinafter referred to as ‘Madagascar’,
hereinafter jointly referred to as the ‘Parties’ and individually as a ‘Party’,
CONSIDERING the close working relationship between the Union and Madagascar, particularly in the context of relations between the African, Caribbean and Pacific States (hereinafter referred to as ‘ACP countries’) and the Union, and their mutual desire to strengthen that relationship,
COMMITTED to strict compliance with international law, fundamental human rights and the sovereignty of Madagascar and the Member States of the Union,
HAVING REGARD TO the United Nations Convention on the Law of the Sea (UNCLOS) concluded at Montego Bay on 10 December 1982 and the sovereign rights of Madagascar over natural resources in its fishing zone resulting therefrom,
HAVING REGARD TO the 1995 Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks,
AWARE of the importance of the principles enshrined in the Code of Conduct for Responsible Fisheries adopted at the Food and Agriculture Organization (FAO) Conference in 1995, the Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing (hereinafter referred to as ‘PSMA’), which entered into force in 2016, and the International Plan of Action to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing (IPOA-IUU) adopted on 2 March 2001,
DETERMINED to take the necessary measures to implement them,
DETERMINED to take into account the resolutions and recommendations adopted by the Indian Ocean Tuna Commission (IOTC) and the other competent regional fisheries management organisations (RFMOs),
AIMING, for those purposes, to take into account available and relevant scientific opinions and relevant management plans adopted by the competent RFMOs so as to ensure the environmental sustainability of fishing activities and to promote ocean governance internationally,
RESOLVED to establish a dialogue, in particular as regards fisheries governance, the fight against illegal, unreported and unregulated fishing (hereinafter referred to as ‘IUU fishing’) and the control, monitoring and surveillance of fishing activities, the integrity of the marine environment and the sustainable management of marine resources,
AIMING to comply with the principle of non-discrimination for all similar fishing fleets present in Madagascar’s fishing zone,
CONVINCED that the partnership must be based on initiatives and measures which, whether taken jointly or separately by each of the Parties, are complementary and ensure consistency of policies and synergy of efforts, in the mutual and equitable interest of the Union and Madagascar, including for the local population and fishing industry,
DECIDED, to those ends, to contribute, within the framework of Madagascar’s sectoral fisheries policy, to promoting the development of a partnership with a view, in particular, to identifying the most appropriate means of ensuring that that policy is implemented effectively and that economic operators and civil society are involved in the process,
AIMING to lay down the arrangements and conditions for access to Madagascar’s fishing zone by Union vessels whose fishing activities should target only the allowable catch surplus, taking into account the fishing capacity of the fleets operating in the zone, while paying special attention to the highly migratory nature of certain species,
RESOLVED to pursue closer and more equitable economic and social cooperation with a view to establishing and strengthening sustainable fisheries and to contributing to improved ocean governance and the development of fisheries-related blue economy activities, including by developing investments involving undertakings of the Parties and in line with Madagascar’s development objectives,
HAVE AGREED AS FOLLOWS:
GENERAL PROVISIONS
Article 1
Definitions
For the purposes of this Agreement:
|
(a) |
‘this Agreement’ or ‘Agreement’ means this Sustainable Fisheries Partnership Agreement between the European Union and the Republic of Madagascar; |
|
(b) |
‘Protocol’ or ‘this Protocol’ means the text laying down arrangements for implementing this Agreement, its Annex and its Appendices; |
|
(c) |
‘Union authorities’ means the European Commission or, where appropriate, the Delegation of the European Union to Madagascar; |
|
(d) |
‘Malagasy Authority’ means the Ministry responsible for fisheries; |
|
(e) |
‘Madagascar’s fishing zone’ means the part of the waters under the sovereignty and jurisdiction of Madagascar in which Madagascar authorises Union fishing vessels to engage in fishing activities. |
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(f) |
‘fishing authorisation’ or ‘licence’ means a fishing licence issued by the Malagasy Authority to a Union fishing vessel conferring to it the right to engage in fishing activities in Madagascar’s fishing zone; |
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(g) |
‘fishing vessel’ means any vessel equipped for commercial exploitation of marine biological resources; |
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(h) |
‘support vessel’ means any Union vessel, other than a craft carried on board, which facilitates, assists or prepares fishing operations and which is not equipped for fishing and is not used for transhipment operations; |
|
(i) |
‘Union vessel’ means any fishing or support vessel flying the flag of a Member State of the Union and registered in the Union; |
|
(j) |
‘vessel owner’ means any person who is legally responsible for and in charge and control of a fishing vessel; |
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(k) |
‘operator’ means any natural or legal person who operates or holds an undertaking carrying out activities related to any stage of the production, processing, marketing, distribution or retailing of fishery and aquaculture products; |
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(l) |
‘fishing activity’ means searching for fish, shooting, setting, towing or hauling fishing gear, taking catch on board, transhipping, retaining on board, processing on board, transferring, caging, fattening and landing of fish and fishery products; |
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(m) |
‘landing’ means the unloading on land of any quantity of fishery products from a fishing vessel; |
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(n) |
‘transhipment’ means the transfer of fishery products from one vessel to another; |
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(o) |
‘fishing opportunity’ means a quantified legal entitlement to fish, expressed in terms of catches or fishing effort; |
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(p) |
‘fishery products’ means aquatic organisms caught as a result of fishing activities, including by-catches; |
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(q) |
‘stock’ means a marine biological resource found in a given area; |
|
(r) |
‘sustainable fishing’ means fishing in accordance with the objectives and principles laid down by the Code of Conduct for Responsible Fisheries adopted at the UN Food and Agriculture Organisation (FAO) Conference in 1995; |
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(s) |
‘fisheries sector’ means the sector of the economy encompassing all activities of production, processing and marketing of fishery and aquaculture products. |
Article 2
Object
The aim of this Agreement is to establish a partnership and a framework for legal, environmental, economic and social governance in the area of fisheries, laying down in particular:
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(a) |
the conditions for fishing activities carried out by Union fishing vessels in Madagascar’s fishing zone; |
|
(b) |
economic and financial cooperation in support of the fisheries sector and ocean governance; |
|
(c) |
cooperation contributing to the promotion of the blue economy, in particular through the processing and enhancement of fishery products, the preservation of the integrity of the marine environment and the sustainable management of marine resources; |
|
(d) |
administrative cooperation in order to implement the financial contribution; |
|
(e) |
scientific and technical cooperation to ensure the sustainable exploitation of fishery resources in Madagascar; |
|
(f) |
economic and social cooperation between operators; |
|
(g) |
cooperation on measures for monitoring, control and surveillance of activities in Madagascar’s fishing zone so as to ensure that the rules are complied with and the measures taken to conserve fishery resources and manage fishing activities are effective, and to combat IUU fishing. |
Article 3
Principles of this Agreement
The Parties shall act and implement this Agreement in accordance with the following principles:
|
1. |
This Agreement and the Protocol, in particular the exercise of fishing activities, shall be implemented in such a way as to ensure a fair distribution of the resulting benefits. |
|
2. |
The Parties shall act with due respect for sovereignty and sovereign rights within the meaning of Article 56 of UNCLOS. |
|
3. |
The Parties shall implement this Agreement in accordance with Article 9 of the Partnership Agreement between the members of the African, Caribbean and Pacific Group of States of the one part, and the European Community and its Member States, of the other part (1), as last amended (hereinafter referred to as ‘the Cotonou Agreement’) on essential elements regarding human rights, democratic principles and the rule of law, and the fundamental element regarding good governance, or in accordance with the corresponding article of any successor agreement between the Union and the ACP countries. |
|
4. |
The employment and work of fishers on board Union vessels authorised under this Agreement or the Protocol shall be carried out in accordance with the principles laid down in the instruments applicable to fishers of the International Labour Organization (ILO) and the International Maritime Organization (IMO), in particular the ILO Declaration on Fundamental Principles and Rights at Work, 1998, as amended in 2022, and the ILO Work in Fishing Convention, 2007 (No. 188). Those include, in particular, the elimination of forced and child labour, freedom of association, the effective recognition of the right to collective bargaining, the elimination of discrimination in respect of employment and occupation, a safe and healthy working environment, and decent living and working conditions on board Union fishing vessels. |
|
5. |
In accordance with the principle of transparency, the Parties shall ensure the public availability of bilateral or multilateral agreements allowing access by foreign vessels to their fishing zone or access by their own vessels to other fishing zones. They undertake to exchange information on the resulting fishing effort, in particular the number of authorisations issued and the catches made. |
|
6. |
In accordance with the principle of non-discrimination, Madagascar undertakes to apply the same technical and conservation measures to any foreign industrial tuna fleets operating in Madagascar’s fishing zone that have the same characteristics as those covered by this Agreement and the Protocol. The conditions in question concern the conservation, sustainable exploitation, development and management of resources, financial arrangements, and fees and rights relating to the issuing of fishing authorisations. This provision shall apply as regards financial arrangements without prejudice to any fisheries agreements that Madagascar may conclude with developing countries which are members of the Indian Ocean Tuna Commission (IOTC), including reciprocal agreements. |
Article 4
Access to surpluses and scientific advice
1. The Parties agree that Union fishing vessels are to catch only the allowable catch surplus referred to in Article 62(2) and (3) of UNCLOS, as established, in a clear and transparent manner, on the basis of available and relevant scientific opinions and relevant information exchanged between the Parties on the total fishing effort exerted on the affected stocks by all fleets operating in Madagascar’s fishing zone.
2. With respect to straddling or highly migratory fish stocks, the Parties shall take due account of the relevant scientific assessments conducted and of available conservation and management measures to determine the resources available for access.
3. The Parties shall comply with the conservation and management measures adopted by the competent RFMOs, in particular the IOTC, taking due account of regional scientific assessments.
Article 5
Dialogue and consultation
1. The Parties undertake, in their mutual interest, to establish a close dialogue, to facilitate consultation and to inform each other, in particular of the implementation of sectoral fisheries policy, ocean governance and the promotion of the blue economy.
2. The Parties shall cooperate in carrying out evaluations of measures, programmes and actions implemented on the basis of this Agreement.
RIGHTS AND OBLIGATIONS OF THE PARTIES
Article 6
Access by Union vessels to Madagascar’s fishing zone
The Malagasy Authority shall authorise Union vessels to engage in fishing activities in Madagascar’s fishing zone in accordance with this Agreement and under the conditions laid down in the Protocol.
Article 7
Conditions for carrying out fishing activities and exclusivity clause
1. Union vessels may engage in fishing activities in Madagascar’s fishing zone only if they hold a fishing authorisation issued under this Agreement. Any fishing activity by Union vessels outside the framework of this Agreement shall be prohibited.
2. The procedure for obtaining a fishing authorisation for a Union vessel, the fees applicable and the conditions for payment by the vessel owner are set out in the Protocol.
3. The Parties shall ensure the proper implementation of these conditions and arrangements by means of appropriate administrative cooperation between their competent authorities.
Article 8
Legislation applicable to fishing activities
1. The activities of Union vessels operating in Madagascar’s fishing zone shall be subject to the applicable Malagasy legislation, unless otherwise provided for under this Agreement and the Protocol. The Malagasy Authority shall notify the Union authorities of the applicable legislation.
2. Madagascar undertakes to take all appropriate measures to ensure that the fisheries monitoring, control and surveillance measures provided for in this Agreement are applied effectively, without prejudice to the responsibilities of the flag State of Union vessels. Union vessels shall cooperate with the Malagasy Authority as regards carrying out such monitoring, control and surveillance activities.
3. The Malagasy Authority shall notify the Union authorities of any changes to applicable legislation or of any new legislation that may affect the activities of Union vessels. Such legislation shall be enforceable with respect to Union vessels from the 60th day following that on which the notification is received by the Union authorities. If, however, the Malagasy Authority states that the situation is urgent when it submits its notification, the above-mentioned period prior to enforceability shall be reduced to 7 calendar days.
4. The Union undertakes to take all appropriate measures to ensure that its vessels comply with this Agreement and the Malagasy legislation governing fisheries.
5. The Union authorities shall inform the Malagasy Authority, no later than 60 days before its entry into force, of any change in Union legislation that might affect the activities of Union vessels and the interests of Madagascar under this Agreement.
Article 9
Scientific and technical cooperation
1. The Parties shall cooperate in scientific and technical matters in order to regularly assess the state of fishery resources in Malagasy waters, to contribute to the conservation of the marine environment and to strengthen national research capacities.
2. The Parties shall endeavour to consult each other within the IOTC or other competent RFMOs in order to strengthen the management and conservation of marine biological resources at regional level and cooperate in related scientific research in Madagascar’s fishing zone.
3. The Parties may, where appropriate, agree to hold a joint scientific meeting to discuss any relevant scientific or technical issue in order to ensure that marine biological resources are sustainably exploited.
4. The Parties shall, in the light of the best available and relevant scientific advice, consult each other within the Joint Committee provided for in Article 14 (hereinafter referred to as the ‘Joint Committee’) in order to adopt, where appropriate and by mutual agreement, measures to achieve the objective referred to in paragraph 1.
Article 10
Economic and social cooperation
1. The Parties undertake to promote economic, technical, technological and commercial cooperation in the fisheries sector and related sectors, including certain areas of the blue economy. They shall consult each other in order to facilitate and promote the various measures that might be taken to this end.
2. The Parties undertake to promote the exchange of information on fishing techniques and gear, preservation methods and the industrial processing and enhancement of fishery products.
3. The Parties shall endeavour to create conditions favourable to the promotion of relations between their enterprises in the technical, technological, economic and commercial spheres by helping to create an environment favourable to the development of business and investment.
4. The Parties shall encourage the promotion of investment in compliance with the Malagasy and EU legislation in force.
5. The Parties shall promote and facilitate landings of catches by Union vessels in Madagascar. Union vessels shall endeavour to give preference to procuring in Madagascar the supplies and services required for their operations.
6. The Parties shall encourage both human and institutional capacity-building in the fisheries sector in order to improve the level of training and develop skills so as to contribute to sustainable fishing activities in Madagascar.
Article 11
Cooperation in the area of monitoring, control and surveillance and combating IUU fishing
1. The Parties undertake to cooperate in the monitoring, control and surveillance (MCS) of fishing activities in Madagascar’s fishing zone and to combat IUU fishing with a view to establishing sustainable fishing.
2. Madagascar shall ensure that the provisions concerning monitoring, control and surveillance of fisheries, provided for in this Agreement and the Protocol and in Malagasy legislation, are applied effectively. Union vessels shall cooperate with the Malagasy authority responsible for carrying out such operations.
Article 12
Administrative cooperation
To ensure that measures for the conservation and management of fishery resources are applied, the Parties shall:
|
— |
put in place administrative cooperation with a view to ensuring that Union vessels comply with this Agreement and the Protocol; |
|
— |
cooperate to prevent and combat IUU fishing, in particular through close and regular exchanges of information between the authorities concerned. |
Article 13
Financial contribution
1. In accordance with the principles of this Agreement, the Union shall grant Madagascar a financial contribution, the terms and conditions of which are established by the Protocol.
2. The financial contribution is intended to:
|
(a) |
cover access to Madagascar’s fishing zone and its fishery resources, without prejudice to the fees payable by operators of Union vessels; |
|
(b) |
contribute, through sectoral support, to the implementation of a sustainable fisheries policy and the promotion of the blue economy by Madagascar. |
3. The financial contribution granted by the Union shall be paid annually in accordance with the Protocol.
4. The financial contribution for sectoral support shall be separate from the payments for access rights. It shall be implemented through annual and multiannual programmes in accordance with the Protocol.
5. The amount of the financial contribution referred to in paragraph 2(a) may be revised by the Joint Committee if:
|
(a) |
the fishing opportunities granted to Union fishing vessels are reduced, in particular for the purposes of managing the stocks concerned where this is considered necessary for the conservation and sustainable exploitation of resources on the basis of the best available relevant scientific advice; or |
|
(b) |
the fishing opportunities granted to Union vessels are increased, where the best available relevant scientific advice concurs that the state of resources so permits; |
|
(c) |
the Agreement is suspended or terminated as provided for in Articles 20 and 21. |
INSTITUTIONAL PROVISIONS
Article 14
Joint Committee
1. A Joint Committee consisting of representatives of the Union authorities and the Malagasy Authority shall be established.
2. The functions of the Joint Committee shall consist, in particular, of:
|
(a) |
monitoring the application of this Agreement and, in particular, defining and evaluating the implementation of sectoral support; |
|
(b) |
providing the necessary liaison for matters of mutual interest relating to fisheries, in particular statistical analysis of data on catches; |
|
(c) |
serving as a forum for interpreting this Agreement, validating the conditions referred to in Article 21(1), points (b) and (c), and amicably settling any disputes arising from the application of this Agreement. |
3. The Joint Committee may adopt amendments to the Protocol relating to:
|
(a) |
the adjustment of fishing opportunities and, consequently, of the relevant financial contribution; |
|
(b) |
the arrangements for implementing sectoral support; |
|
(c) |
the conditions and technical arrangements under which Union vessels carry out their fishing activities; |
|
(d) |
any other function that the Parties decide, by mutual agreement, to confer on it, including with regard to combating IUU fishing, administrative cooperation and ocean governance. |
4. The Joint Committee shall exercise its functions in accordance with the objectives of this Agreement.
5. The Joint Committee shall meet at least once a year, alternately in Madagascar and in the Union, or in another mutually agreed location or by videoconference, and shall be chaired by the Party hosting the meeting. It shall hold a special meeting at the request of either Party, within 1 month of the request being made.
6. Decisions shall be taken by consensus and recorded in the minutes of the meeting. The Joint Committee may, where appropriate, deliberate and take decisions by exchange of letters.
7. The Joint Committee may adopt its operating rules by means of rules of procedure.
Article 15
Area of application of this Agreement
This Agreement shall apply, on the one hand, to the territories in which the Treaty on the Functioning of the European Union is applied and under the conditions laid down in that Treaty and, on the other hand, to the territory of Madagascar and in the waters under the sovereignty and jurisdiction of Madagascar.
FINAL PROVISIONS
Article 16
Settlement of disputes
The Parties shall consult each other within the Joint Committee on any dispute concerning the interpretation or application of this Agreement, without prejudice, if such consultation fails to resolve the dispute, to the possibility of recourse to the jurisdiction of an international body, subject to the consent of both Parties.
Article 17
Entry into force
1. This Agreement shall enter into force on the date on which the Parties notify each other that they have completed the necessary procedures for that purpose.
2. The notification referred to in paragraph 1 shall be sent, as regards the Union, to the Secretary-General of the Council of the European Union.
Article 18
Duration
This Agreement shall apply for a period of four years from the date of its provisional application, unless terminated in accordance with Article 21.
Article 19
Provisional application
This Agreement shall apply on a provisional basis from 1 July 2023 subject to its signature by the Parties, or from the date of its signature if signed after 1 July 2023.
Article 20
Suspension of application
1. Application of this Agreement may be suspended on the initiative of either Party in one or more of the following cases:
|
(a) |
circumstances arise which are beyond the reasonable control of one of the Parties and are such as to prevent fishing activities in Madagascar’s fishing zone. In the case of natural phenomena, the Parties shall consult each other to assess the impact on fishing activities and on the implementation of the Protocol; |
|
(b) |
a serious dispute between the Parties over the interpretation or implementation of this Agreement remains unresolved; |
|
(c) |
one of the Parties fails to comply with this Agreement; |
|
(d) |
the sectoral policy that led to the conclusion of this Agreement changes significantly, triggering a request by one of the Parties for it to be amended. |
2. Suspension of application of this Agreement shall be notified by the Party concerned to the other Party in writing and shall take effect 3 months after receipt of the notification. Dispatch of that notification shall open consultations between the Parties through the Joint Committee with a view to finding an amicable solution to their dispute within 3 months.
3. Where differences are not resolved amicably and the suspension of application is implemented, the Parties shall continue to consult each other. The Parties shall agree to lift the suspension of application where appropriate.
4. The payment of the financial contribution referred to in Article 13(2) for the period of suspension of application shall be adjusted following consultation between the Parties. Such adjustment shall also apply if either Party terminates the provisional application of this Agreement.
Article 21
Termination
1. This Agreement may be terminated on the initiative of either Party in one or more of the following cases:
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(a) |
circumstances arise which are beyond the reasonable control of one of the Parties and are such as to prevent fishing activities in Madagascar’s fishing zone. In the case of natural phenomena, the Parties shall consult each other to assess the impact on fishing activities and on the implementation of the Protocol; |
|
(b) |
there is significant variation in the stocks concerned; |
|
(c) |
there is a significant reduction in use of the fishing opportunities granted to Union vessels; |
|
(d) |
there is a violation of the commitments entered into by the Parties with regard to combating IUU fishing; |
|
(e) |
a serious dispute between the Parties over the interpretation or implementation of this Agreement remains unresolved; |
|
(f) |
one of the Parties fails to comply with this Agreement; |
|
(g) |
where there are significant changes in the sectoral policy that led to the conclusion of this Agreement. |
2. Termination of this Agreement shall be notified by the Party concerned to the other Party in writing and shall take effect six months after receipt of the notification, except if the Parties decide, by mutual agreement, to extend this period. However, in the cases referred to in points (b) and (c) of paragraph 1, notification shall be made after the conditions for termination have been validated by the Joint Committee.
3. The Parties shall consult each other from the time of notification with a view to finding an amicable settlement within six months.
4. Payment of the financial contribution referred to in Article 13 for the year in which the termination takes effect shall be adjusted following consultation between the Parties. Such adjustment shall also apply if either Party terminates the provisional application of this Agreement.
Article 22
Repeal
The Fisheries Partnership Agreement between the Republic of Madagascar and the European Community (2), which entered into force on 1 January 2007, is repealed.
Article 23
Authentic texts
This Agreement is drawn up in duplicate in the Bulgarian, Croatian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Irish, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish and Swedish languages, each text being equally authentic.
Съставено в Брюксел на тридесети юни две хиляди двадесет и трета година.
Hecho en Bruselas, el treinta de junio de dos mil veintitrés.
V Bruselu dne třicátého června dva tisíce dvacet tři.
Udfærdiget i Bruxelles den tredivte juni to tusind og treogtyve.
Geschehen zu Brüssel am dreißigsten Juni zweitausenddreiundzwanzig.
Kahe tuhande kahekümne kolmanda aasta juunikuu kolmekümnendal päeval Brüsselis.
Έγινε στις Βρυξέλλες, στις τριάντα Ιουνίου δύο χιλιάδες είκοσι τρία.
Done at Brussels on the thirtieth day of June in the year two thousand and twenty three.
Fait à Bruxelles, le trente juin deux mille vingt-trois.
Arna dhéanamh sa Bhruiséil, an tríochadú lá de Mheitheamh sa bhliain dhá mhíle fiche a trí.
Sastavljeno u Bruxellesu tridesetog lipnja godine dvije tisuće dvadeset treće.
Fatto a Bruxelles, addì trenta giugno duemilaventitré.
Briselē, divi tūkstoši divdesmit trešā gada trīsdesmitajā jūnijā.
Priimta du tūkstančiai dvidešimt trečių metų birželio trisdešimtą dieną Briuselyje.
Kelt Brüsszelben, a kétezer-huszonharmadik év június havának harmincadik napján.
Magħmul fi Brussell, fit-tletin jum ta’ Ġunju fis-sena elfejn u tlieta u għoxrin.
Gedaan te Brussel, dertig juni tweeduizend drieëntwintig.
Sporządzono w Brukseli dnia trzydziestego czerwca roku dwa tysiące dwudziestego trzeciego.
Feito em Bruxelas, em trinta de junho de dois mil e vinte e três.
Întocmit la Bruxelles la treizeci iunie două mii douăzeci și trei.
V Bruseli tridsiateho júna dvetisícdvadsaťtri.
V Bruslju, tridesetega junija dva tisoč triindvajset.
Tehty Brysselissä kolmantenakymmenentenä päivänä kesäkuuta vuonna kaksituhattakaksikymmentäkolme.
Som skedde i Bryssel den trettionde juni år tjugohundratjugotre.
PROTOCOL ON THE IMPLEMENTATION OF THE SUSTAINABLE FISHERIES PARTNERSHIP AGREEMENT BETWEEN THE EUROPEAN UNION AND THE REPUBLIC OF MADAGASCAR (2023-2027)
Article 1
Definitions
For the purposes of this Protocol, the definitions laid down in Article 1 of the Agreement shall apply, except as amended and supplemented as follows:
|
(1) |
‘observer’ means any person authorised by a national authority to observe its fishing activity on board a fishing vessel and to collect data quantifying or qualifying the results of that activity; |
|
(2) |
‘fish aggregating device (FAD)’ means a permanent, semi-permanent or temporary object, structure or device made of any material, human-made or natural, that is deployed or tracked for the purpose of aggregating target tuna species for subsequent capture. |
Article 2
Purpose
The purpose of this Protocol is to implement the Agreement by laying down, in particular, the conditions governing access by Union vessels to Madagascar’s fishing zone and the cooperation provided for in Article 2 of the Agreement.
This Protocol shall be interpreted and applied in full compliance and consistency with the principles and provisions of the Agreement.
Article 3
Scope
This Protocol shall apply to:
|
— |
the activities of Union vessels targeting tuna and tuna-like species in Madagascar’s fishing zone; |
|
— |
the implementation of the areas of cooperation referred to in Article 2 of the Agreement. |
Article 4
Fish species and number of authorised vessels
1. The authorised species are tuna and associated species, listed in Appendix 1 to the Annex to this Protocol, and under the management mandate of the Indian Ocean Tuna Commission (IOTC).
2. Fishing of the following species shall be prohibited:
|
— |
species protected by international conventions, including Cetorhinus maximus, Rhincodon typus, Carcharodon carcharias, Carcharhinus falciformis, Carcharhinus longimanus, Isurus oxyrinchus, Isurus paucus; |
|
— |
species whose retention on board, transhipment, landing or full or partial storage is prohibited by the IOTC, in particular species belonging to the Alopiidae, Sphyrnidae and Lamnidae families. |
3. Fishing opportunities shall be allocated to 65 Union vessels as follows:
|
— |
32 tuna seiners, |
|
— |
13 surface longliners with a tonnage greater than 100 GT, |
|
— |
20 surface longliners with a tonnage less than or equal to 100 GT. |
4. Paragraph 3 shall apply subject to Articles 11 and 12.
Article 5
Duration
This Protocol shall apply for a period of four years from the date of its provisional application.
Article 6
Financial contribution
1. For the entire period of four years, the total estimated value of this Protocol shall be EUR 12 880 000, or EUR 3 220 000 per year. That overall amount shall be broken down as follows:
|
— |
EUR 7 200 000 corresponding to the Union’s financial contribution referred to in Article 13 of the Agreement; |
|
— |
EUR 5 680 000 corresponding to the estimated value of the vessel owners’ contributions. |
2. The Union’s annual financial contribution shall comprise:
|
(a) |
an annual amount of EUR 700 000, equivalent to a reference tonnage for all species of 14 000 tonnes per year for access to Madagascar’s fishing zone; |
|
(b) |
a specific amount of EUR 1 100 000 per year for supporting and implementing Madagascar’s sectoral fisheries policy. This amount shall be made available to the Ministry responsible for fisheries and administered by the Malagasy agency responsible for fisheries and aquaculture, in accordance with the rules and procedures laid down in compliance with national rules in a manual of procedures drawn up by the Ministry responsible for fisheries and notified to the Union authorities before this Protocol is provisionally applied. |
3. Paragraph 1 of this Article shall apply subject to Articles 7, 8, 11, 14 and 15.
4. The financial contribution shall be paid into:
|
(a) |
a Public Treasury bank account opened with the Central Bank of Madagascar, for the part relating to access to Madagascar’s fishing zone; |
|
(b) |
a bank account reserved for sectoral support under the supervision of the Ministry responsible for fisheries, for the part relating to sectoral support. |
Details of the bank accounts shall be notified to the Union authorities by the Malagasy Authority before the start of provisional application of the Protocol and shall be confirmed each year.
Article 7
Arrangements for payment of the financial contribution for access to Madagascar’s fishing zone
1. If the annual catches of Union vessels, laid down in accordance with Section 1 of Chapter IV of the Annex, exceed the reference tonnage of 14 000 tonnes, the annual financial contribution shall be increased by EUR 50 for each additional tonne.
2. However, the annual amount paid by the Union for access to Madagascar’s fishing zone shall not exceed twice the amount indicated in Article 6(2), point (a). Where catches by Union vessels in Madagascar’s fishing zone exceed twice the reference tonnage, the amount due for catches exceeding that limit shall be paid the following year.
3. Payment of the financial contribution for access by Union vessels to Madagascar’s fishing zone shall be made no later than 90 days after the date of provisional application of this Protocol for the first year and no later than the anniversary date of the provisional application of this Protocol for the following years.
4. Madagascar shall have full discretion regarding the use to be made of the financial contribution for access to its fishing zone.
Article 8
Implementation and payment of sectoral support
1. The Joint Committee provided for in Article 14 of the Agreement (the ‘Joint Committee’) shall, no later than three months after the date of provisional application of this Protocol, adopt a programme for multiannual sectoral support, broken down by year, the general objective of which is to promote responsible and sustainable fishing in Madagascar.
2. The programme shall be set out in a document including, in particular:
|
(a) |
annual and multiannual guidelines for using the specific amount of the financial contribution referred to in Article 6(2), point (b); |
|
(b) |
the objectives and actions, defined on an annual and multiannual basis, for responsible and sustainable fishing and the blue economy, taking into account Madagascar’s priorities, in particular:
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|
(c) |
the criteria and procedures for annually assessing the results obtained, where appropriate by means of indicators. |
3. Each year, the Malagasy Authority shall submit to the Joint Committee an annual report on progress made in implementing the programme’s activities. The report submitted in the previous year shall also include an assessment of the implementation of the programme over the entire duration of this Protocol.
4. Any changes proposed to the programme shall be submitted to the Joint Committee.
5. The financial contribution for sectoral support shall be paid in annual instalments following an analysis carried out by the Joint Committee on the basis of the results of the implementation of the programme.
6. The Union may suspend, in whole or in part, payment of the financial contribution provided for in Article 6(2), point (b), if the Joint Committee’s analysis reveals that:
|
(a) |
the results obtained are unsuitable for the programme adopted by the Joint Committee; |
|
(b) |
actions under that programme have not been implemented. |
7. Following a suspension as provided for in paragraph 6, payment of the financial contribution for sectoral support shall resume only after consultation and agreement between the Parties and once the results of the implementation of the sectoral support are consistent with the programme schedule adopted by the Joint Committee. Nevertheless, payment of the financial contribution for sectoral support may be made no later than six months after the expiry of this Protocol.
8. The programme shall continue to be monitored by the Parties until it has been fully implemented.
9. Checks and controls on the use of funds from the contribution referred to in Article 6(2), point (b), may be carried out by the audit and control bodies of each Party, including the European Court of Auditors. This shall include a right of access to information, documents and beneficiary sites and facilities.
10. The Malagasy Authority shall implement promotion and communication actions highlighting the achievements funded by the sectoral support and the contribution made by the Union.
Article 9
Scientific cooperation on responsible fishing
1. The Parties undertake to promote responsible fishing in Madagascar’s fishing zone through scientific cooperation.
2. The Parties shall exchange all relevant scientific information allowing the state of marine biological resources in Madagascar’s fishing zone to be assessed.
3. The joint scientific meeting provided for in Article 9(3) of the Agreement shall bring together the relevant scientists proposed by each Party. The Parties shall provide the necessary data for the work of those scientists. The mandate, composition and running of the joint scientific meeting shall be laid down by the Joint Committee.
4. The joint scientific meeting shall draw up a report, accompanied where appropriate by an opinion, submitted to the Joint Committee for consideration and possible adoption of measures, as provided for in Article 9(4) of the Agreement.
Article 10
Economic and social cooperation
1. In order to implement the principles of Article 10 of the Agreement on economic and social cooperation, the Parties shall consult each other regularly within the Joint Committee and shall involve operators and other interested Parties in order to identify opportunities for cooperation, including with a view to developing trade and investment in the fisheries sector.
2. This consultation shall take account of the development and cooperation programmes of the Union or other technical and financial partners.
Article 11
Adjustment, by mutual agreement, of fishing opportunities and the arrangements for implementing this Protocol
1. The fishing opportunities referred to in Article 4 may be adjusted by the Joint Committee on the basis of relevant scientific advice and taking account, in particular, of the resolutions and recommendations adopted by the IOTC, so as to ensure sustainable management of the fish species covered by this Protocol, and, where appropriate, subject to an opinion by the joint scientific meeting referred to in Article 9.
2. In such a case, the financial contribution referred to in Article 6(2), point (a), may be adjusted pro rata and the necessary amendments shall be made to this Protocol and its Annex.
3. The Joint Committee may amend the provisions of this Protocol relating to the conditions for the exercise of fishing activities and the arrangements for implementing sectoral support.
4. Decisions adopted by the Joint Committee shall have the same legal force as this Protocol, subject to completion of the respective procedures of the Parties.
Article 12
Exploratory fishing surveys and new fishing opportunities
1. The Parties shall encourage exploratory fishing in Madagascar’s fishing zone in order to assess the scientific and economic sustainability of a new fishery, in particular as regards species considered to be underexploited or whose stock status is unknown.
2. In accordance with the legislation of Madagascar, the Malagasy Authority may approve the implementation of an exploratory survey on the basis of a specific technical file adopted by the Joint Committee. That technical file shall specify the species concerned and the appropriate conditions for that survey, taking into account the best available scientific advice and, where appropriate, the scientific opinion obtained pursuant to Article 9.
3. Authorisations of vessels for the exploratory fishing survey shall be granted for a maximum period of six months, reduced where necessary according to the recommendations of the scientific opinion. Vessels engaged in exploratory fishing shall comply with the technical file approved by the Malagasy Authority. An observer appointed by the Malagasy Authority and, where appropriate, a scientific observer from the flag State shall be present on board throughout the survey. The observation data collected shall be submitted for analysis and scientific advice in accordance with Article 9.
4. The scientific meeting shall submit its opinion on the results of the exploratory surveys to the Joint Committee, which shall decide whether it is appropriate to introduce fishing opportunities for new species until such time as this Protocol expires.
Article 13
Conditions for authorisation and exercise of fishing activities
1. Union vessels may engage in fishing activities in Madagascar’s fishing zone only if they hold a fishing authorisation issued by the Malagasy Authority under the Agreement and this Protocol.
2. The Malagasy Authority shall issue authorisations to Union vessels only under the Agreement and this Protocol, the issuing of authorisations to Union vessels outside that framework, in particular in the form of direct authorisations, being prohibited.
3. The activities of Union vessels authorised to fish in Madagascar’s fishing zone shall be subject to the laws and regulations of Madagascar, unless otherwise provided for under this Protocol.
Article 14
Suspension of application
1. The implementation of this Protocol, including the fishing activities of vessels and the payment of the financial contribution, may be suspended unilaterally by either Party in the cases provided for in Article 20 of the Agreement.
2. Suspension of application on the grounds of non-compliance with the conditions provided for in Article 3(3) of the Agreement may take place only if the consultation mechanisms provided for in Article 96 of the Partnership Agreement between the members of the African, Caribbean and Pacific Group of States of the one part, and the European Community and its Member States, of the other part (1), as last amended (hereinafter referred to as ‘the Cotonou Agreement’) relating to violation of essential and fundamental elements of human rights, as defined in Article 9 of that Agreement or the corresponding article of any successor agreement, have been triggered.
3. Suspension of application of this Protocol shall require the interested party to notify its intention to do so in writing at least one month before the date on which suspension of application is due to take effect. Dispatch of that notification shall open consultations between the Parties through the Joint Committee with a view to finding an amicable solution to the dispute.
4. In the event of suspension of application, the activities of Union vessels in Madagascar’s fishing zone shall be interrupted for the period of suspension of application. Union vessels shall leave Madagascar’s fishing zone within 24 hours of the suspension of application taking effect.
5. 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 this Protocol shall resume and the amount of any financial compensation shall be agreed by the Joint Committee.
Article 15
Termination
1. In the event of termination of this Protocol in the situations and under the conditions provided for in Article 21 of the Agreement, the Party concerned shall notify the other Party in writing of its intention to terminate this Protocol at least six months before the date on which such termination would take effect.
2. Dispatch of the notification referred to in paragraph 1 shall open consultations between the Parties.
Article 16
Data protection
1. The Parties shall ensure that the data exchanged under the Agreement is used by the competent authority solely for the purpose of implementing the Agreement and, in particular, for management purposes and for MCS of fishing activities.
2. The Parties undertake to ensure that all commercially sensitive and personal data relating to Union vessels and their fishing activities obtained within the context of the Agreement, as well as all commercially sensitive information relating to the communication systems used by the Union, is treated as confidential. The Parties shall ensure that only aggregated data relating to fishing activities in Madagascar’s fishing zone is made public.
3. Personal data shall be processed lawfully, fairly and in a transparent manner in relation to the data subject.
4. Personal data exchanged under the Agreement shall be processed in accordance with Appendix 2 to the Annex to this Protocol. Further safeguards and remedies in relation to personal data and data subjects’ rights may be established by the Joint Committee.
5. Paragraphs 1 to 4 shall not prevent the Parties from complying with the obligations of regional fisheries management organisations (RFMOs) or regional fisheries organisations to transmit and publish vessel data.
Article 17
Electronic data exchange
1. The Parties undertake to put in place as soon as possible the IT systems necessary for the electronic exchange of all information and documents relating to the implementation of the Agreement.
2. The electronic version of a document shall be considered to be equivalent to the paper version in every respect, subject to guarantees as to the authenticity of the document.
3. The arrangements for the implementation and use of these systems to electronically exchange catch data, catch declarations on entry and exit (via the ERS – Electronic Recording and Reporting System) and vessel positions (via the VMS – Vessel Monitoring System) and to obtain fishing authorisations are set out in the Annex and the Appendices thereto.
4. The Parties shall inform each other immediately of any malfunction of an IT system. Information and documents relating to the implementation of the Agreement shall, in that case, be replaced by their paper version or transmitted by other means of communication such as defined in the Annex to this Protocol.
Article 18
Entry into force
1. 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.
2. The notification referred to in paragraph 1 shall be sent, as regards the Union, to the Secretary-General of the Council of the European Union.
Article 19
Provisional application
This Protocol shall apply on a provisional basis from 1 July 2023, subject to its signature by the Parties, or from the date of its signature if signed after 1 July 2023.
Article 20
Authentic texts
This Protocol is drawn up in duplicate in the Bulgarian, Croatian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Irish, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish and Swedish languages, each text being equally authentic.
Съставено в Брюксел на тридесети юни две хиляди двадесет и трета година.
Hecho en Bruselas, el treinta de junio de dos mil veintitrés.
V Bruselu dne třicátého června dva tisíce dvacet tři.
Udfærdiget i Bruxelles den tredivte juni to tusind og treogtyve.
Geschehen zu Brüssel am dreißigsten Juni zweitausenddreiundzwanzig.
Kahe tuhande kahekümne kolmanda aasta juunikuu kolmekümnendal päeval Brüsselis.
Έγινε στις Βρυξέλλες, στις τριάντα Ιουνίου δύο χιλιάδες είκοσι τρία.
Done at Brussels on the thirtieth day of June in the year two thousand and twenty three.
Fait à Bruxelles, le trente juin deux mille vingt-trois.
Arna dhéanamh sa Bhruiséil, an tríochadú lá de Mheitheamh sa bhliain dhá mhíle fiche a trí.
Sastavljeno u Bruxellesu tridesetog lipnja godine dvije tisuće dvadeset treće.
Fatto a Bruxelles, addì trenta giugno duemilaventitré.
Briselē, divi tūkstoši divdesmit trešā gada trīsdesmitajā jūnijā.
Priimta du tūkstančiai dvidešimt trečių metų birželio trisdešimtą dieną Briuselyje.
Kelt Brüsszelben, a kétezer-huszonharmadik év június havának harmincadik napján.
Magħmul fi Brussell, fit-tletin jum ta’ Ġunju fis-sena elfejn u tlieta u għoxrin.
Gedaan te Brussel, dertig juni tweeduizend drieëntwintig.
Sporządzono w Brukseli dnia trzydziestego czerwca roku dwa tysiące dwudziestego trzeciego.
Feito em Bruxelas, em trinta de junho de dois mil e vinte e três.
Întocmit la Bruxelles la treizeci iunie două mii douăzeci și trei.
V Bruseli tridsiateho júna dvetisícdvadsaťtri.
V Bruslju, tridesetega junija dva tisoč triindvajset.
Tehty Brysselissä kolmantenakymmenentenä päivänä kesäkuuta vuonna kaksituhattakaksikymmentäkolme.
Som skedde i Bryssel den trettionde juni år tjugohundratjugotre.
ANNEX
CONDITIONS FOR THE EXERCISE OF FISHING ACTIVITIES BY UNION VESSELS IN MADAGASCAR’S FISHING ZONE
CHAPTER I
General provisions
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1. |
Designation of the competent authority
For the purposes of this Annex and unless otherwise specified, any reference to the European Union (the ‘Union’) or to the Republic of Madagascar (‘Madagascar’) as a competent authority shall mean:
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2. |
Fishing authorisation
For the purposes of applying this Annex, the term ‘fishing authorisation’ shall be equivalent to the term ‘licence’, as defined in Malagasy legislation. |
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3. |
Madagascar’s fishing zone
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4. |
Designation of an agent
Any Union vessel owner applying for a fishing authorisation under the Protocol must be represented by an agent resident in Madagascar. |
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5. |
Payments by vessel owners
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6. |
Contacts
The details of the relevant contact points for implementing the Protocol are set out in Appendix 4. |
CHAPTER II
Fishing authorisations
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1. |
Condition for obtaining a fishing authorisation – eligible vessels
The fishing authorisations referred to in Article 6 of the Agreement shall be issued on condition that the vessel is entered in the Union register of fishing vessels and is included on the list of authorised fishing vessels of the Indian Ocean Tuna Commission (IOTC). In addition, the master and the vessel must not be prohibited from fishing in Madagascar’s fishing zone. Fishing vessels shall, where appropriate, have their vessel health approved by the competent health authority of their flag State. |
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2. |
Application for a fishing authorisation
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3. |
Fee and flat-rate advance fee
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4. |
Issuing of fishing authorisations
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5. |
Transfer of fishing authorisations
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6. |
Period of validity of fishing authorisations
Fishing authorisations shall be drawn up for an annual period as follows:
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7. |
Documents to be held on board the vessel
The following documents shall be held on board at all times when Union vessels are in Madagascar’s fishing zone:
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8. |
Support vessels
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9. |
Implementation of an automated electronic system for the management of authorisations
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CHAPTER III
Technical conservation measures
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1. |
Union vessels authorised in Madagascar’s fishing zone shall comply with all technical conservation measures, resolutions and recommendations issued by the IOTC and the Malagasy legislation applicable to them. |
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2. |
The applicable technical measures are defined, for each fishing category, in the datasheets contained in Appendix 1. |
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3. |
The deployment and use of artificial drifting FADs shall be authorised under this Agreement. They shall comply with relevant IOTC resolutions and recommendations. In particular, in order to limit their impact on the ecosystems and reduce the amount of synthetic marine litter, the FADs shall be constructed with non-entangling, natural or biodegradable non-plastic materials, with the exception of the beacons. They shall avoid cetaceans, sharks or turtles being caught accidentally. |
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4. |
However, Madagascar reserves the right to propose more stringent measures on the basis of reliable scientific recommendations. |
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5. |
Moreover, at the start of the fishing season, vessel owners shall inform the Malagasy FMC of the number of FADs that they intend to have deployed by each support vessel in Madagascar’s fishing zone. The number of FADs recovered shall also be declared after the end of that season. |
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6. |
For the purposes of environmental management and the protection of marine ecosystems in Malagasy waters, Union vessel owners shall annually pay a specific contribution, the total estimated amount of which should be approximately EUR 200 000. The contribution of each vessel shall be based on its gross tonnage and shall amount to EUR 2.50 per GT. The contribution shall be paid together with the advance. The funds shall be administered by the Malagasy agency responsible for fisheries and aquaculture and paid into the bank account reserved for sectoral support referred to in Article 6(4), point (b), of the Protocol. |
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7. |
The Malagasy Authority shall inform the Joint Committee provided for in Article 14 of the |Agreement (the ‘Joint Committee’) of the action programme financed by this specific contribution and shall report on its use, achievements and impact. It shall promote and ensure the visibility of the activities carried out. |
CHAPTER IV
Section 1
Reporting of catches and fishing effort
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1. |
Fishing logbook
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2. |
Catch reporting
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3. |
Operation of an electronic recording and reporting system for fishing data
The Parties agree to use an electronic recording and reporting system (ERS) for fishing data based on the guidelines set out in Appendix 6. The Parties shall inform each other when this system is operational. ERS reporting shall then replace the catch reporting provided for in point 2 of this Chapter. |
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4. |
Quarterly catch reporting
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5. |
Statement of annual catches and fees for Union vessels
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Section 2
Entering and leaving Madagascar’s fishing zone
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1. |
Masters of Union fishing vessels operating under the Protocol in Madagascar’s fishing zone shall notify the Malagasy FMC at least three hours in advance of their intention to enter or leave Madagascar’s fishing zone. |
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2. |
When notifying entry into or exit from Madagascar’s fishing zone, masters of vessels shall also communicate, using the report formats set out in Appendix 8, the estimated position of entry into Madagascar’s fishing zone or exit from Madagascar’s fishing zone and the estimated quantities of each species kept on board, identified by its FAO 3-alpha code and expressed in kilograms of live weight, or, where appropriate, the number of individual fish. |
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3. |
Vessel owners and masters not complying with points 1 and 2 or making fraudulent reports shall be liable to the penalties provided for in Malagasy legislation. |
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4. |
Any vessel found to be fishing without having notified the Malagasy FMC shall be liable to the penalties provided for by Malagasy legislation. The Malagasy Authority may suspend the fishing authorisation of the vessel concerned. If the offence is repeated, it may refuse to renew the fishing authorisation. |
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5. |
The vessel’s crew list shall be transmitted upon entry into Madagascar’s fishing zone. |
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6. |
The information shall be communicated by ERS, by email or by radio message to the addresses listed in Appendix 4. The Malagasy Authority shall immediately inform the vessels concerned and the Union authorities of any change in email address or radio frequency. |
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7. |
The Malagasy authorities shall acknowledge receipt of the email by return. |
Section 3
Transhipment and landings
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1. |