HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 361/12
EN
Official Journal of the European Union
31.12.2012
PROTOCOL
agreed between the European Union and the Republic of Madagascar setting out fishing
opportunities and the financial contribution provided for in the Fisheries Partnership Agreement
between the two parties currently in force
Article 1
4. The
Union
shall
pay
the
financial
contribution
referred
to
in paragraph 1 at the rate of EUR 1 525 000 per year during
Period of application and fishing opportunities
the period of application of this Protocol, corresponding to the
1. For
a
period
of
two
years,
the
fishing
opportunities total amount set out in points (a) and (b) of paragraph 2.
granted under Article 5 of the Fisheries Partnership
Agreement ("the Agreement") shall be as follows:
5. If the total quantity of catches of tuna by EU vessels in
Highly migratory species (species listed in Annex 1 to the 1982
Madagascar's fishing zone exceeds 15 000 tonnes per year, the
United Nations Convention on the Law of the Sea) with the
amount of the annual financial contribution for access rights
exception of the Alopiidae and Sphyrnidae families, in addition to
shall be EUR 65 for each additional tonne caught. However, the
the following species: Cetorhinus maximus, Rhincodon typus,
total annual amount paid by the Union shall not be more than
Carcharodon carcharias, Carcharhinus falciformis and Carcharhinus
twice the amount indicated in point (a) of paragraph 2 above. If
longimanus:
the amounts caught by EU vessels in Madagascar's fishing zone
exceed the quantities corresponding to twice the total annual
amount, the amount due in respect of the quantity exceeding
(a) 40 tuna seiners,
that limit shall be paid the following year, in accordance with
the Annex. In order to anticipate any possible exceeding of the
reference tonnage, the two parties shall adopt a system allowing
(b) 34 surface longliners with a tonnage greater than 100 GT,
ongoing catch monitoring.
(c) 22 surface longliners with a tonnage of 100 GT or below.
6. Payment shall be made no later than 90 days after this
Protocol's provisional application, as referred to in Article 15,
2. Paragraph
1
shall
apply
subject
to
Articles
5
and
6.
for the first year, and no later than the anniversary date of this
Protocol for the following years.
3. Under Article 6 of the Agreement and Article 7 of this
Protocol, vessels flying the flag of a Member State of the Union
7. Madagascar shall have full discretion regarding the use of
may engage in fishing activities in the waters of Madagascar
the financial contribution specified in point (a) of Article 2(2).
only if they are on the list of fishing vessels authorised by
the Indian Ocean Tuna Commission (IOTC) and are in
possession of a fishing authorisation issued under the
conditions laid down in this Protocol and in accordance with
8. The
financial
contribution
shall
be
paid
or
transferred
into
the Annex hereto.
a unique Public Treasury account opened at the Madagascar
Central Bank. The account reference is as follows: Agence
Comptable Centrale du Trésor public with the Banque
Article 2
Centrale de Madagascar Antaninarenina, Antananarivo,
Financial contribution - Methods of payment
Madagascar - account no: 213 101 000 125 TP EUR.
1. For the period referred to in Article 1, the total financial
contribution referred to in Article 7 of the Agreement shall be
EUR 3 050 000 for the whole duration of this Protocol.
Article 3
Promoting responsible fishing and sustainable fisheries in
the waters of Madagascar
2. This
total
financial
contribution
shall
comprise:
1. From the date of the provisional application of this
Protocol, and no later than three months after that date, the
(a) an annual amount for access to the Malagasy fishing zone
Union and Madagascar shall agree, within the Joint Committee
of EUR 975 000 equivalent to a reference tonnage of
provided for in Article 9 of the Agreement, on a multiannual
15 000 tonnes per year, and
sectoral programme, in accordance with Madagascar's national
strategy for fisheries and the policy framework of the European
Commission, and on detailed implementing rules covering, in
(b) a specific amount of EUR 550 000 per year for supporting
particular:
and implementing Madagascar's sectoral fisheries policy and
maritime policy.
(a) annual and multiannual guidelines for using the specific
3. Paragraph 1 shall apply subject to Articles 3, 5, 6, 8
amount of the financial contribution referred to in point
and 9.
(b) of Article 2(2);

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(b) the annual and multiannual objectives to be achieved with a
2. In
such
cases,
the
financial
contribution
referred
to
in
view to introducing responsible fishing and sustainable
point (a) of Article 2(2) shall be adjusted proportionately and
fisheries, taking account of the priorities expressed by
pro rata temporis. However, the total annual amount paid by
Madagascar in its national fisheries policy and other
the Union may not be more than twice the figure indicated in
policies relating to or having an impact on the promotion
point (a) of Article 2(2).
of responsible fishing and sustainable fisheries, particularly
as regards protected marine areas;
3.
Both parties shall notify each other of any changes to their
respective fisheries policies and legislation.
(c) criteria and procedures including, where appropriate,
budgetary and financial indicators, to be used for evaluating
the results obtained each year.
Article 6
New fishing opportunities
2. Any
proposed
amendments
to
the
multiannual
sectoral 1. In
the
event
that
EU
fishing
vessels
become
interested
in
programme must be approved by both parties within the
engaging in fisheries not provided for in Article 1 of the
Joint Committee.
Agreement, the parties shall consult each other before any
possible authorisation is granted in respect of any such activities
and, where appropriate, agree on the conditions for such
Article 4
fishing, including making the relevant amendments to this
Protocol and to the Annex hereto.
Scientific cooperation to ensure responsible fishing
1. The
two
parties
hereby
undertake
to
promote
responsible
fishing in the waters of Madagascar on the basis of the principle
2. The
parties
shall
encourage
experimental
fishing,
especially
of non-discrimination between the different fleets fishing in
as regards under-exploited species present in the waters of
those waters.
Madagascar. To this end, and at the request of either party,
the parties shall consult each other with a view to determining,
on a case-by-case basis, the species, conditions and other
relevant parameters.
2.
During the period covered by this Protocol, the Union and
Madagascar shall endeavour to monitor the state of fishery
resources in Madagascar's fishing zone.
3. The
parties
shall
carry
out
experimental
fishing
in
accordance with parameters to be agreed by both parties in
an administrative arrangement where appropriate. For
3. Both
parties
shall
endeavour
to
comply
with
the
resol
Madagascar, the National Centre for Oceanographic Research
utions and recommendations of the IOTC, and with the
and the Institute for Fisheries Studies and Marine Science shall
management plans adopted by them, regarding conservation
be involved in the definition of these parameters.
and the responsible management of fisheries. Both parties
shall also make every effort to comply with the opinions of
the joint scientific working group provided for in Article 4(2) of
the Agreement.
4. Authorisations
for
experimental
fishing
should
be
agreed
for a maximum period of six months.
4. In
accordance
with
Article
4
of
the
Agreement,
and
based
on the recommendations and resolutions adopted within the
5. If
the
parties
consider
that
experimental
campaigns
have
IOTC, and in the light of the best available scientific advice
yielded positive results, the Government of Madagascar may
and, where appropriate, the results of the joint scientific
allocate fishing opportunities in respect of the new species to
meeting provided for by Article 4 of the Agreement, the two
the Union fleet until the expiry of this Protocol. The financial
parties shall consult each other within the Joint Committee
contribution referred to in point (a) of Article 2(2) shall
provided for in Article 9 of the Agreement and, where
consequently be increased. Shipowners' fees and other
necessary, agree on the measures to ensure sustainable
conditions as provided for in the Annex shall be amended
management of Madagascar's fisheries resources.
accordingly.
Article 5
Article 7
Adjustment of fishing opportunities by mutual agreement
Conditions governing fishing activities — Exclusivity
clause
1. The
fishing
opportunities
referred
to
in
Article
1
may
be
amended by mutual agreement insofar as the recommendations
Without prejudice to Article 6 of the Agreement, EU vessels
and resolutions of the IOTC and the joint scientific working
may fish in the waters of Madagascar only if they are in
group tend to support that such an amendment will secure the
possession of a valid fishing authorisation issued by the
sustainable management of tuna and tuna-like species in the
Malagasy Ministry responsible for Fisheries under this Protocol
Indian Ocean.
and the Annex hereto.

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Article 8
(c) where a dispute arises between the parties over the inter
pretation and implementation of this Protocol and its
Suspension and review of the payment of the financial
Annex, which cannot be settled;
contribution
1. Notwithstanding the provisions of Article 9, the financial
contribution referred to in points (a) and (b) of Article 2(2) shall
(d) if either one of the parties does not comply with the
be reviewed or suspended after consultation between the two
provisions of this Protocol and its Annex;
parties:
(e) following significant policy changes on the part of either
(a) if fishing activities in Madagascar's fishing zone are
one of the parties affecting the relevant provisions of this
prevented for reasons other than natural phenomena;
Protocol;
(b) following significant changes in the policy guidelines of
(f) if either one of the parties ascertains a breach of essential
either one of the parties affecting the relevant provisions
and fundamental elements regarding human rights as laid
of this Protocol;
out by Article 9 of the Cotonou Agreement, and following
the procedure set out in Articles 8 and 96 thereof;
(c) if the Union notes that there has been a violation of the
essential and fundamental human rights provided for in
(g) in case of non-compliance with the International Labour
Article 9 of the Cotonou Agreement and following the
Organisation Declaration on Fundamental Principles and
procedure provided for in Articles 8 and 96 of that
Rights at Work as provided in Article 3(5) of the
Agreement. In this case, all EU fishing vessel activities in
Agreement.
the waters of Madagascar shall be suspended.
2. The suspension of the implementation of this Protocol
2. The
Union
reserves
the
right
to
suspend,
partially
or shall require the party concerned to notify its intention in
totally, the payment of the specific financial contribution
writing at least three months before the date on which the
provided for in point (b) of Article 2(2):
suspension is due to take effect.
(a) if the results obtained are inconsistent with the
3. In
the
event
of
the
implementation
being
suspended,
the
programming, following an assessment by the Ministry
parties shall continue to consult each other with a view to
responsible for Fisheries and an evaluation carried out by
finding an amicable settlement to their dispute. Where such
the Joint Committee;
settlement is reached, implementation of this Protocol shall
resume and the amount of the financial contribution shall be
reduced proportionately and pro rata temporis according to the
(b) in the event of failure to implement this financial
period during which implementation of this Protocol was
contribution.
suspended.
3. Payment
of
the
financial
contribution
shall
resume
after
Article 10
consultation and agreement by the two parties, as soon as the
situation existing prior to the events referred to in paragraph 1
National law
has been re-established, and/or when the results of the financial
1. The
activities
of
EU
fishing
vessels
in
the
waters
of
implementation referred to in paragraph 2 so warrant.
Madagascar shall be subject to the laws and regulations of
Madagascar, unless otherwise provided under this Protocol
and the Annex hereto.
Article 9
Suspension of the Implementation of the Protocol
2. The
authorities
of
Madagascar
shall
inform
the
European
1. Implementation of this Protocol shall be suspended at the
Commission of any changes or new legislation regarding its
initiative of either one of the parties, subject to consultations
fishery policy.
between and the agreement of the parties within the Joint
Committee provided for in Article 9 of the Agreement:
Article 11
(a) if exceptional circumstances, other than natural phenomena,
Confidentiality
prevent fishing activities in Madagascar's fishing zone;
The parties shall ensure that, at any time, all data relating to EU
vessels and their fishing activities in the waters of Madagascar
will be treated as confidential. These data shall be used
(b) if the Union fails to make the payments provided for in
exclusively for the implementation of the Agreement and for
point (a) of Article 2(2) for reasons not covered by Article 8
the purposes of fisheries management, monitoring, control and
of this Protocol;
surveillance by the relevant authorities.

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Article 12
Article 14
Electronic data exchange
Termination
Madagascar and the Union hereby undertake to implement the
1. In the event of the termination of this Protocol, the party
necessary systems for the electronic exchange of all information
concerned shall notify the other party in writing of its intention
and documents related to the implementation of the Agreement
to terminate it at least six months before the date on which
as soon as possible. All electronic exchanges shall be the subject
such termination takes effect.
of an acknowledgment of receipt. The electronic form of a
document shall at any point be considered equivalent to the
paper version.
2. The sending of the notification referred to in the previous
paragraph shall lead to consultations by the parties being
initiated.
Both parties shall immediately notify any disruption of
computer systems impeding such exchanges. In such circum
Article 15
stances, the information and documents related to the imple
mentation of the Agreement shall be automatically replaced by
Provisional application
their paper version in the manner defined in the Annex.
This Protocol shall be applied provisionally from the date of its
signature, and from 1 January 2013 at the earliest.
Article 13
Article 16
Duration
Entry into force
This Protocol and the Annex hereto shall apply for a period of
two years as from their provisional application, as determined
This Protocol and its Annex shall enter into force on the date
in Article 15, unless notice of termination is given in
on which the parties notify each other of the completion of the
accordance with Article 14.
procedures necessary for that purpose.
For the European Union For
the
Republic
of
Madagascar

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3а Европейския съюз
Por la Unión Europea
Za Evropskou unii
For Den Europiske Union
Für die Europische Union
Euroopa Liidu nimel
Για την Ευρωπακ νωση
For the European Union
Pour l’Union européenne
Per l’Unione europea
Eiropas Savienības vārdā –
Europos Sjungos vardu
Az Európai Unió részérl
Gall-Unjoni Ewropea
Voor de Europese Unie
W imieniu Unii Europejskiej
Pela Unio Europeia
Pentru Uniunea European
Za Európsku úniu
Za Evropsko unijo
Euroopan unionin puolesta
Fr Europeiska unionen
За правителството на Република Мадагаскар
Por el Gobierno de la República de Madagascar
Za vládu Madagaskarské republiky
For regeringen for Republikken Madagaskar
Für die Regierung der Republik Madagaskar
Madagaskari Vabariigi valitsuse nimel
Για την Κυβρνηση τη Δημοκρατα τη Μαδαγασκρη
For the Government of the Republic of Madagascar
Pour le gouvernement de la République de Madagascar
Per il governo della Repubblica del Madagascar
Madagaskaras Republikas valdības vārdā –
Madagaskaro Respublikos Vyriausybs vardu
A Madagaszkári Kztársaság kormánya részérl
Gall-Gvern tar-Repubblika tal-Madagaskar
Voor de Regering van de Republiek Madagaskar
W imieniu rzdu Republiki Madagaskaru
Pelo Governo da República de Madagáscar
Pentru guvernul Republicii Madagascar
Za vládu Madagaskarskej republiky
Za vlado Republike Madagaskar
Madagaskarin tasavallan hallituksen puolesta
P Republiken Madagaskars regerings vgnar

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ANNEX
CONDITIONS FOR THE EXERCISE OF FISHING ACTIVITIES BY EUROPEAN UNION VESSELS IN THE
FISHING ZONE OF MADAGASCAR
CHAPTER I
GENERAL PROVISIONS
1. Designation of competent authority
For the purposes of this Annex and unless otherwise stated, any reference to the European Union (EU) or to
Madagascar as a competent authority shall mean:
(a) for the EU: the European Commission, where applicable via the EU Delegation in Madagascar;
(b) for Madagascar: the Ministry responsible for Fisheries.
2. Madagascar's fishing zone
All the provisions of the Protocol and its Annex shall apply exclusively in the fishing zone of Madagascar, as indicated
in Appendices 3 and 4, without prejudice to the following provisions:
(a) EU 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,
(b) a protection area of 3 miles around national fish aggregating devices must be complied with,
(c) in order to preserve the sustainable exploitation of certain demersal species by national operators, the surface
longliners covered by this Protocol are prohibited from fishing in the areas of Leven Bank and of Castor Bank, the
coordinates of which are listed in Appendix 5.
3. Appointment of a local agent
Any EU vessel wishing to obtain a fishing authorisation under the present Protocol must be represented by an agent
residing in Madagascar.
4. Bank account
Madagascar shall notify the EU, before the date of the provisional application of the Protocol, of the details of the bank
account(s) into which the financial sums payable by EU vessels under the Agreement shall be paid. The associated
bank transfer costs shall be borne by the ship-owners.
CHAPTER II
TUNA FISHING AUTHORISATIONS
1. Condition for obtaining a tuna fishing authorisation – eligible vessels
The tuna fishing authorisations referred to in Article 6 of the Agreement shall be issued on the condition that the
vessel is included in the EU register of fishing vessels on the IOTC's list of authorised fishing vessels, and that all
previous obligations relating to the ship-owner, the captain, or the vessel itself, arising out of fishing activities in
Madagascar under the Agreement and Malagasy fisheries legislation, have been met.
2. Application for a fishing authorisation
The EU shall submit to Madagascar an application for a fishing authorisation in respect of any vessel wishing to fish
under the Agreement at least fifteen working days before the start of the period of validity requested, using the form
attached as Appendix 1.
The application must be typed or written legibly in block capitals.
For each initial application for a fishing authorisation on the basis of the Protocol in force, or following a technical
change to the vessel concerned, the application shall be accompanied by:
(a) the proof of payment of the advance payment fee for the period of validity of the fishing authorisation requested;

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(b) the names, addresses and contact details of:
(i) the owner of the fishing vessel;
(ii) the operator of the fishing vessel;
(iii) the local agent for the vessel;
(c) a recent colour photograph of the vessel, showing a lateral view, and at least 15 cm × 10 cm in size;
(d) the vessel's seaworthiness certificate;
(e) the vessel's registration number;
(f) the vessel's health certificate, issued by the competent EU authority;
(g) the fishing vessel's contact details (fax, e-mail, etc.).
For the renewal of a fishing authorisation under the Protocol in force, for a vessel whose technical specifications have
not been modified, the renewal application shall be accompanied only by proof of payment of the fee.
3. Advance payment fee
The amount of the advance payment fee shall be set on the basis of the annual rate specified in the technical sheets
attached as Appendix 2. It 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. Provisional list of vessels requesting a licence
Once it has received the fishing authorisation applications, the national body responsible for supervising fishing
activities shall immediately draw up, for each category of vessel, the provisional list of applicant vessels. This list shall
be sent as soon as possible to the EU by the competent Malagasy authority.
The EU shall forward the provisional list to the vessel owner or to the local agent. If the EU offices are closed,
Madagascar may send the provisional list directly to the ship-owner or to their local agent with a copy to the EU.
5. Issue of the fishing authorisation
Fishing authorisations for all vessels shall be issued to ship-owners or to their local agent within fifteen working days
of the competent authority receiving the full application. A copy of this fishing authorisation shall be sent
immediately to the EU Delegation in Madagascar.
6. List of vessels authorised to fish
Once the fishing authorisation is issued, the national body responsible for supervising fishing activities shall
immediately draw up, for each category of vessel, the final list of vessels authorised to fish in Madagascar's
fishing zone. That list shall be sent to the EU immediately and shall replace the provisional list referred to above.
7. Period of validity of the fishing authorisation
Fishing authorisations shall be valid for one year from 1 January to 31 December and be renewable.
8. Documents to be carried
While in the waters of Madagascar or in a Malagasy port, the following documents must be carried on board the
fishing vessel at all times:
(a) the original of the authorisation to fish; however, if the original cannot be obtained within one month, a copy of
the list of vessels authorised to fish, as provided for in point 6 of Chapter II of this Annex, shall be considered as
authentic;

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(b) the documents issued by a competent authority of the fishing vessel's flag state, showing:
— the number under which the fishing vessel is registered, the vessel's certificate of registration;
— the Conformity certificate provided for by the International Maritime Organisation (IMO) Torremolinos
Convention;
(c) up-to-date certified drawings or descriptions of the layout of the fishing vessel, and in particular the number of
fish holds, with the storage capacity expressed in cubic metres;
(d) if any modification was made to the characteristics of the fishing vessel with respect to its overall length, its gross
registered tonnage, the horsepower of its main engine or engines or its hold capacity, a certificate, certified by a
competent authority of the flag state of the fishing vessel, describing the nature of such modification;
(e) if the fishing vessel is equipped with refrigerated sea-water tanks, a document certified by a competent authority
of the flag state of the vessel indicating the calibration of the tanks in cubic metres;
(f) if applicable, a ballast water management record book is to be kept updated (dates and times of uptake with
positions and volumes, dates and times of discharge with positions and volumes, the treatments performed on
this water);
(g) an authorisation to fish outside the waters under the jurisdiction of the flag state issued in respect of the fishing
vessel or an extract from the register of vessels authorised by the IOTC; and
(h) a copy of the Malagasy fisheries legislation currently in force.
9. Transfer of fishing authorisation
The fishing authorisation shall be issued for a given vessel and shall not be transferable.
However, where force majeure is proven and at the request of the EU, a vessel fishing authorisation may be replaced
by a new authorisation, issued for another similar vessel or a substitute vessel, without payment of a new advance
payment. In such a case, the statement of fees for surface longliners and freezer tuna seiners in Chapter IV shall take
into account the total catch of the two types of vessel in Madagascar's fishing zone.
The transfer shall involve the return of the fishing authorisation to be replaced by the ship-owner or their local agent
in Madagascar and the immediate drawing up by Madagascar of the replacement authorisation. The replacement
authorisation shall be issued as soon as possible to the ship-owner or their local agent, when the authorisation to be
replaced is returned. The replacement authorisation shall take effect on the day on which the authorisation to be
replaced is returned.
Madagascar shall update the list of vessels authorised to fish as soon as possible. The new list shall be sent as soon as
possible to the national body responsible for supervising fishing, and to the EU.
10. Support vessels
Support vessels flying an EU flag must be authorised in compliance with the provisions and conditions provided for
in Malagasy legislation.
The annual licence fee applicable to the support vessel is EUR 2 500 per annum.
The competent Malagasy authorities shall send the list of these authorisations to the European Commission on a
regular basis, via the EU Delegation in Madagascar.
CHAPTER III
TECHNICAL MEASURES
Technical measures applicable to the vessels holding a fishing authorisation, relating to the zone, fishing gears and by-
catches, shall be defined for each fishing category in the technical sheets attached as Appendix 2.
The vessels shall comply with the fisheries legislation of Madagascar and all the resolutions adopted by the IOTC.

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CHAPTER IV
CATCH REPORTING
1. Definition of the fishing trip
For the purposes of this Annex, the duration of a fishing trip by an EU vessel shall be defined as follows:
(a) the period elapsing between entering and leaving Madagascar's fishing zone, or
(b) the period elapsing between entering Madagascar's fishing zone and a transhipment in port and/or a landing in
Madagascar.
2. Fishing logbook
The captain of an EU vessel fishing under the Agreement shall keep an IOTC fishing logbook, for which the model for
each category of fishing is included in Appendices 6 and 7.
The fishing logbook must comply with IOTC resolution 08/04 for longliners and resolution 10/03 for purse seiners.
The fishing logbook shall be completed by the captain for each day the vessel is present in the fishing zone of
Madagascar.
Each day the captain shall record in the fishing logbook the quantity of each species, identified by its 3-alpha code of
the Food and Agriculture Organization of the United Nations (FAO), caught and kept on board, expressed in kilograms
of live weight or, where necessary, the number of individual fish. For each main species, the captain shall also mention
the by-catches and discards.
The fishing logbook shall be filled in legibly, in block capitals, and signed by the captain.
The captain shall be responsible for the accuracy of the data recorded in the fishing logbook.
3. Catch reporting
The captain shall notify the vessel's catch by submitting its fishing logbooks to Madagascar for the period of its
presence in Madagascar's fishing zone.
The fishing logbooks shall be transmitted in one of the following ways:
(a) when passing through a Malagasy port, the original of each fishing logbook shall be submitted to the local
representative of Madagascar, who shall confirm receipt thereof in writing; a copy of the logbook shall be
handed over to the inspection team in Madagascar;
(b) when leaving Madagascar's fishing zone without first passing through a Malagasy port, the original of each fishing
logbook shall be sent within a period of seven working days after arrival in any other port, and in any case within
a period of fifteen working days after leaving Madagascar's fishing zone:
(i) by e-mail, to the e-mail address given by the national body supervising fishing activities; or
(ii) by fax, to the number given by the national body supervising fishing activities; or
(iii) by letter sent to the national body supervising fishing activities.
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.
The two parties shall establish, as from 1 July 2013, a protocol for the electronic exchange of all catch and reporting
data based on an electronic logbook; the two parties shall then plan the implementation of the protocol and the
replacement of the paper version of the catch reporting with an electronic version by 1 January 2014 at the latest.

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The captain shall send a copy of all the fishing logbooks to the EU and the competent flag State authority. For tuna-
fishing vessels and surface longliners, the captain shall also send a copy of all the fishing logbooks to the competent
national scientific institutes: USTA (Antsiranana Tuna Statistical Unit) and FMC (Fisheries Monitoring Centre) and to
one of the following scientific institutes:
(a) Institut de recherche pour le développement (IRD);
(b) Instituto Espaol de Oceanografía (IEO);
(c) Instituto Português de Investigao Marítima (IPIMAR).
Where the provisions concerning catch reporting are not complied with, Madagascar may suspend the fishing auth
orisation of the vessel concerned until the missing catch report is obtained and penalise the ship-owner in accordance
with the relevant provisions under the national legislation in force. If the offence is repeated, Madagascar may refuse to
renew the fishing authorisation. Madagascar shall inform the EU immediately of any penalty applied in this context.
4. Final statement of fees for tuna-fishing vessels and surface longliners
For each tuna seiner and surface longliner, the EU shall draw up, on the basis of its catch reporting confirmed by the
aforementioned scientific institutes, a final statement of the fees owed by the vessel in respect of its annual season for
the previous calendar year.
The EU shall send this final statement to Madagascar and to the ship-owner before 31 July of the year in progress.
Madagascar may contest the final statement, on the basis of documentary proof, within 30 working days of its being
sent. In the case of disagreement, the parties shall consult each other in the Joint Committee. If Madagascar does not
object within 30 working days, the final statement shall be considered to be adopted.
Where the final statement is greater than the anticipated flat-rate fee paid to obtain the fishing authorisation, the ship-
owner shall pay the outstanding balance to Madagascar by 30 September of the year in progress at the latest. Where
the final statement is less than the expected flat-rate fee, the remaining amount may not be reclaimed by the ship-
owner.
CHAPTER V
LANDINGS AND TRANSHIPMENTS
Transhipment at sea is prohibited. All transhipment operations in port shall be monitored in the presence of fishing
inspectors from Madagascar.
The captain of an EU vessel wishing to land or to tranship must notify the FMC and, at the same time, the Malagasy port
authority, at least 48 hours before the landing or transhipment, of the following:
(a) the name of the fishing vessel wishing to land or tranship and its registration number as recorded in the IOTC register
of fishing vessels;
(b) the port of landing or transhipment;
(c) the date and time scheduled for the landing or transhipment;
(d) the quantity (expressed in kilograms of live weight or, if necessary, the number of individual fish) of each species to
be landed or transhipped (as identified by its FAO 3-alpha code).
The transhipment operation shall be subject to a prior authorisation issued by the FMC in Madagascar to the captain or
their local agent within 24 hours after the aforementioned notification. The transhipment operation must be carried out
in a Malagasy port authorised for this purpose.
In the event of transhipment, in addition to the information contained in points (a) to (d), the captain will also notify the
name of the receiving vessel.

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The captain of the transporting ship shall, upon receipt, notify the Malagasy authorities (the FMC and the port authority)
of the quantities of tuna and tuna-like species transhipped onto the vessel and complete and send the transhipment
declaration to the FMC and the port authority in Madagascar within 24 hours.
The fishing ports where transhipment operations are authorised in Madagascar are Antsiranana for seiners and Toliara,
Ehoala and Toamasina for longliners.
Non-compliance with these provisions will lead to the application of the relevant penalties provided for under the
legislation of Madagascar.
EU vessels 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 EU fishing companies the Regional Directorates for
Fisheries of Madagascar shall provide a list and contact details for the local processing companies.
EU 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 in the fee indicated in Appendix 2 for the fishing category of vessels concerned.
An additional reduction of EUR 5 will be granted where fisheries products are sold in a processing factory in Madagascar.
CHAPTER VI
CHECKS
1. Entering and leaving the fishing zone
Any entry into or departure from Madagascar's fishing zone by an EU vessel holding a fishing authorisation must be
notified to Madagascar within three hours of entry or departure.
When notifying its entry or departure, the vessel shall notify in particular:
(a) the date, time and point of passage scheduled;
(b) the quantity of each target species held on board, as identified by its FAO 3-alpha code and expressed in kilograms
of live weight or, if necessary, the number of individual fish;
(c) the quantity of each by-catch species retained on board as identified by its FAO 3-alpha code and expressed in
kilograms of live weight or, if necessary, the number of individual fish.
Notification shall be given preferably by e-mail or, failing that, by fax, to an e-mail address or a telephone number or
fax number communicated by the FMC, using the form attached as Appendix 8. The FMC shall confirm receipt thereof
immediately by return e-mail or fax.
The FMC shall immediately inform the vessels concerned and the EU of any change to the e-mail address, telephone
number or transmission frequency.
Any vessel found to be fishing in Madagascar's fishing zone without having previously notified its presence shall be
considered to be an unauthorised fishing vessel.
Any person infringing this provision shall be liable to the fines and penalties provided for by the Malagasy fisheries
legislation in force.
The entry/exit catch reports must be kept on board at least for one year from the date of the report transmission.
EU fishing vessels not authorised to fish shall be the subject of an innocent passage declaration. The content of this
declaration shall be the same as that stated in this point.
2. Cooperation as regards combating IUU fishing
In order to strengthen fisheries monitoring and to combat IUU fishing, EU fishing vessels shall be encouraged to
inform the FMC of the presence of any other fishing vessels in their surroundings.

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3. Periodic catch report
When an EU vessel is operating in the waters of Madagascar, the captain of an EU vessel holding a fishing auth
orisation must notify the FMC, every three days, of catches made in Madagascar's fishing zone. The first catch
declaration shall start three days after the date of entry into Madagascar's fishing zone.
Every three days, when notifying its periodic catch report, the vessel shall notify in particular:
(a) the date, time and position on reporting;
(b) the quantity of each target species caught and held on board during the three-day period, as identified by its FAO
3-alpha code and expressed in kilograms of live weight or, if necessary, the number of individual fish;
(c) the quantity of each by-catch species retained on board during the three-day period, as identified by its FAO
3-alpha code and expressed in kilograms of live weight or, if necessary, the number of individual fish;
(d) the quantity of each by-catch species discarded at sea during the three-day period, as identified by its FAO 3-alpha
code and expressed in kilograms of live weight or, if necessary, the number of individual fish;
(e) product presentation;
(f) for tuna purse seiners:
— number of successful sets using fish aggregating devices since the last report;
— number of successful sets on free school since the last report;
— number of unsuccessful sets.
(g) for tuna long line fishing vessels:
— number of sets since last report;
— number of hooks deployed since last report.
Notification shall be given preferably by e-mail or, failing that, by fax, to an e-mail address or a telephone number
communicated by the FMC, using the form attached as Appendix 8. The FMC shall immediately inform the vessels
concerned and the EU of any change to the e-mail address, telephone number or transmission frequency.
Any vessel found to be fishing in Madagascar's fishing zone without having notified its three-day periodic catch report
shall be considered to be an unauthorised fishing vessel. Any person infringing this provision shall be liable to the
fines and penalties provided for by the Malagasy legislation in force.
The periodic catch reports must be kept on board at least during 1 year from the date of the transmission of the
report.
4. Inspection at sea
Inspection at sea in Madagascar's fishing zone of EU vessels holding a fishing authorisation shall be carried out by
inspectors from Madagascar who are clearly identifiable as being responsible for carrying out fisheries checks.
Before going on board, the authorised inspectors shall inform the EU vessel on VHF channel 16 of their decision to
carry out an inspection. The inspection shall be carried out by fisheries inspectors, who must provide proof of their
inspection warrant and identity and rank as inspectors before carrying out the inspection.
The authorised inspectors shall stay on board the EU vessel only for the time necessary to carry out the tasks related 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.

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At the end of each inspection, the authorised inspectors shall draw up an inspection report. The captain of the EU
vessel has the right to include his comments in the inspection report. The inspection report shall be signed by the
inspector drawing up the report and the captain of the EU vessel.
The authorised inspectors shall give a copy of the inspection report to the captain of the EU vessel before leaving the
vessel. In cases of infringement, a copy of the notification of the infringement shall also be sent to the EU in
accordance with the provisions of chapter VIII.
5. Inspection in port in cases of landing and transhipment
The inspection of EU fishing vessels which land or tranship their catch in a Malagasy port shall be carried out by
Malagasy inspectors who are clearly identifiable as being responsible for carrying out fishing checks.
Inspectors must provide proof of their inspection warrant and identity and rank as inspectors before carrying out the
inspection. The Malagasy inspectors shall only stay on board the EU vessel for the time necessary to carry out the tasks
related to the inspection and shall conduct the inspection in such a way as to minimise the impact on the vessel, the
landing or transhipment operation and the cargo.
At the end of each inspection, the Malagasy inspectors shall draw up an inspection report. The captain of the EU vessel
has the right to include his comments in the inspection report. The inspection report shall be signed by the inspector
drawing up the report and the captain of the EU vessel.
The Malagasy inspectors shall provide a copy of the inspection report to the captain of the EU vessel at the end of the
inspection.
In cases of infringement, a copy of the notification of the infringement shall also be sent to the EU in accordance with
the provisions of chapter VIII.
CHAPTER VII
SATELLITE-BASED VESSEL MONITORING SYSTEM (VMS)
1. Vessel position messages – VMS system
EU 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 FMC of their
flag state.
Each position message must contain:
(a) vessel identification;
(b) the most recent geographical position of the vessel (longitude, latitude), with a margin of error of less than
500 metres, and with a confidence interval of 99 %;
(c) the date and time the position is recorded;
(d) the speed and the course of the vessel.
Each position message must be configured in accordance with the format appearing as Appendix 9.
The first position recorded after entry into Madagascar's zone shall be 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 zone, which shall be identified by the code 'EXI'. 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 system
The captain shall ensure at all times that the VMS system of their vessel is fully operational and that the position
messages are correctly transmitted to the FMC of the flag state.

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EU vessels fishing with defective VMS systems are not authorised to enter the fishing zone of Madagascar.
If the vessel is already operating in Madagascar's fishing zone, in the event of breakdown, the VMS system of the vessel
shall be repaired or replaced as soon as possible and within fifteen days at the latest. After that time limit, the vessel
shall no longer be authorised to fish in Madagascar's zone.
Vessels fishing in Madagascar's zone with a defective VMS system must communicate their position messages by e-
mail or fax to the FMC of the flag state and of Madagascar, at least every six hours, and must provide all the
compulsory information.
3. Secure communication of the position messages to Madagascar
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.
The transmission of position messages between the FMCs of the flag state and of Madagascar shall be carried out
electronically using a secure communication system.
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 zone.
4. Malfunction of the communication system
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. The Joint Committee shall deal with any disputes which may arise.
The captain shall be considered to be responsible for any proven manipulation of the vessel's VMS system 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
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. That documentary evidence must be sent by the FMC in Madagascar to
the flag state FMC and the EU. The flag state FMC shall immediately send the position messages to Madagascar at the
new frequency.
The FMC in Madagascar shall immediately notify the flag State Control Centre and the European Commission of the
end of the inspection procedure.
At the end of the set investigation period, the FMC in Madagascar shall inform the flag state FMC and the EU of the
possible follow up, if any.
CHAPTER VIII
INFRINGEMENTS
Failure to comply with any of the rules and provisions of the Protocol, measures to ensure the management and
conservation of living resources or fisheries legislation in force in Madagascar may be subject to penalties in the form
of fines, suspension, cancellation or non-renewal of the vessel's fishing authorisation.
1. Handling of infringements
Any infringement committed in Madagascar's fishing zone by an EU vessel holding a fishing authorisation in
accordance with the provisions of this Annex must be referred to in an inspection report.
In the case of an on-board inspection, the signature of the inspection report by the captain shall be without prejudice
to the ship-owner's right of defence in respect of an established infringement. Should the captain refuse to sign the
inspection report, they will write the reasons for their refusal in the inspection report with the statement 'refusal to
sign'.

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In cases of any infringement in Madagascar's fishing zone by an EU vessel holding a fishing authorisation, notification
of the infringement in question and the additional penalties imposed on the captain or the fishing company shall be
sent directly to the ship-owners in line with the procedures set out in Madagascar's fisheries legislation. A copy of the
notification shall be sent to the vessel's flag state and to the EU within 72 hours.
2. Detention of a vessel
Should an infringement be established, any EU vessel having committed an infringement may be forced to cease its
fishing activity and, where the vessel is at sea, to return to a Malagasy port, in accordance with the Malagasy legislation
in force.
Madagascar shall provide electronic notification to the EU, within 24 hours, of any detentions of an EU vessel holding
a fishing authorisation. The notification shall provide the reasons for the detention and/or retention.
Before taking any measure against the vessel, the captain, the crew or the cargo, with the exception of measures aimed
at protecting evidence, the FMC in Madagascar shall organise, within one working day following notification of the
detention of the vessel, an information meeting to clarify the events which have resulted in the vessel's detention and
to explain any possible further action. Representatives of the vessel's flag state and ship-owner shall attend this
information meeting.
3. Penalties for infringements - Compromise procedure
The penalty for an established infringement shall be established by Madagascar according to the provisions of the
national legislation in force.
A compromise procedure shall be launched prior to legal proceedings between the authorities of Madagascar and the
EU vessel in order to settle the issue amicably. A representative of the vessel's flag state may be involved in this
compromise procedure. The compromise procedure shall finish at the latest 72 hours after notification of the vessel's
detention.
4. Legal proceedings – Bank guarantee
If the above-mentioned compromise procedure is unsuccessful and the infringement is brought before the competent
judicial body, the owner of the vessel which committed the infringement shall deposit a bank guarantee with the
Public Treasury of Madagascar, the amount of which, as established by Madagascar, shall cover the costs linked to the
detention of the vessel, the estimated fine and any compensation. The bank guarantee may not be recovered until the
legal proceedings have been concluded.
The bank guarantee shall be released and returned to the ship-owner as soon as possible after the judgment has been
delivered:
(a) in full, if no penalty has been imposed;
(b) for the amount of the remaining balance, if the penalty is a fine which is lower than the amount of the bank
guarantee.
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 resulting from a compromise procedure,
or once the bank guarantee has been deposited with the Public Treasury of Madagascar. The vessel shall be released
and its crew authorised to leave the port:
(a) once the obligations arising under the compromise settlement have been fulfilled, or
(b) when the aforementioned bank guarantee has been lodged and accepted by the Ministry responsible for Fisheries,
pending the conclusion of the legal proceedings.
CHAPTER IX
SIGNING-ON OF SEAMEN
1. Number of seamen to be signed on
Owners of tuna seiners and surface longliners shall employ ACP nationals, subject to the following conditions and
limits:
(a) for the fleet of tuna seiners, at least 20 % of the seamen signed on during the tuna-fishing season in the fishing
zone of the third country shall be of ACP origin,

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(b) for the fleet of surface longliners, at least 20 % of the seamen signed on during the fishing season in the fishing
zone of the third country shall be of ACP origin.
Ship-owners shall endeavour to take on board additional seamen of Malagasy origin.
2. Seamen's contracts
The International Labour Organisation (ILO) Declaration on Fundamental Principles and Rights at Work shall apply as
of right to seamen signed on by EU vessels. This concerns in particular the freedom of association, the effective
recognition of the right to collective bargaining, and the elimination of discrimination in respect of employment and
occupation.
The employment contracts of ACP seamen shall be drawn up between the ship-owners' representative(s) and the
seamen and/or their trade unions or representatives; a copy of these contracts shall be given to the signatories. These
contracts shall guarantee the seamen the social security cover applicable to them, including life assurance and sickness
and accident insurance.
3. Seamen's wages
The wages of the ACP seamen shall be paid by the ship-owners. They shall be set by mutual agreement between the
ship-owners or their representatives and the seamen and/or their trade unions or representatives. However, the wage
conditions granted to ACP seamen shall not be lower than those applied to crews from their respective countries and
shall under no circumstances be below ILO standards.
4. Seaman's obligations
All seamen employed aboard EU vessels shall report to the captain of the vessel designated on the day before their
proposed embarkation date. Where a seaman fails to report at the date and time agreed for embarkation, ship-owners
shall be automatically absolved of their obligation to take the seaman on board.
CHAPTER X
OBSERVERS
1. Observation of fishing activities
Both parties recognise the importance of fulfilling the obligations under IOTC Resolutions with regards to the
Scientific Observer Programme.
For the purposes of compliance with these obligations, the provisions applicable to observers are as follows, except in
cases of space limitations due to safety requirements.
Vessels authorised to fish in the waters of Madagascar under the Fisheries Partnership Agreement shall take on board
observers appointed by the authorities of Madagascar to ensure that these obligations have been complied with on the
terms set out below.
EU fishing vessels shall, at the request of the authorities of Madagascar, take on board one observer in order to reach
the cover rate of 10 % of licensed vessels. Nevertheless, vessels less than 100 GT are not subject to this measure.
2. Designated vessels and observers
The authorities of Madagascar shall draw up a list of vessels designated to take an observer on board. This list shall be
kept up to date. It shall be forwarded to the European Commission as soon as it has been drawn up.
The authorities of Madagascar shall inform the ship-owners concerned of the name of the observers appointed to be
taken on board their vessel no later than fifteen days before the observer's planned embarkation date.
The observers shall not spend more time on board the vessel than is necessary to carry out their duties.
3. Observer's salary
The cost of taking the observer aboard and putting them ashore outside Madagascar shall be borne by the ship-owner.
The salary and social contributions of the observer shall be borne by the authorities of Madagascar.
With regard to any vessel taking aboard an observer, the ship-owner shall be asked to pay a contribution of EUR 20
for each day on board. This sum shall be paid to the observers programme administered by the FMC.

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4. Embarkation conditions
The embarkation conditions for the observer, in particular the duration of presence on board, shall be defined by
mutual agreement between the ship-owner or its local agent and Madagascar.
Observers shall be treated as officers. However, receiving the observer on board shall take into account the technical
structure of the vessel.
The ship-owner shall bear the costs of providing accommodation and food for the observer on board.
Captains shall take all the measures for which they are responsible to guarantee the physical safety and general
wellbeing of the observer.
Observers shall be offered every facility needed to carry out their duties. They shall have 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.
5. Embarkation and landing of observers
The observer shall embark in a port chosen by the ship-owner.
The ship-owner or its representative shall notify Madagascar, with a notice period of ten days before embarkation, of
the date, time and port of embarkation of the observer. If the observer is embarked in a foreign country, their travel
costs to the port of embarkation shall be borne by the ship-owner.
If the observer does not arrive to embark within twelve hours of the date and time set, the ship-owner shall be
automatically absolved of its obligation to take the observer on board.
It shall be free to leave the port and start fishing operations.
If the observer is not disembarked in a Malagasy port, the ship-owner shall bear the observer's accommodation and
food costs incurred while waiting for a repatriation flight.
If the vessel does not arrive at the agreed time at a previously agreed port to receive an observer, the ship-owner shall
pay the costs relating to the observer's inability to board while waiting at the port (accommodation, food, etc.).
If the vessel fails to appear, without having provided the FMC with prior notification, Madagascar may suspend the
fishing authorisation for the vessel in question.
6. Observer's obligations
Whilst they are on board, observers shall:
(a) take all appropriate measures so as not to interrupt or hinder fishing operations;
(b) respect on-board property and equipment;
(c) respect the confidential nature of any document belonging to the vessel.
The observers shall communicate observations by radio, fax or e-mail at least once a week 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 authority.
7. Observer's report
Before leaving the vessel, the observer shall submit a report of his observations to the captain of the vessel. The
captain 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 captain. The captain shall receive a copy of the observer's report.
The observer shall send his report to Madagascar, which shall send a copy of it to the EU within fifteen working days
of the observer's disembarkation.

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LIST OF APPENDICES
Appendix 1 — Licence application form
Appendix 2 — Technical sheet
Appendix 3 — Coordinates (latitude and longitude) of Madagascar's Fishing Zone
Appendix 4 — Madagascar's Fishing Zone
Appendix 5 — Geographical coordinates and map of the fishing zone in which fishing by surface longliners is
prohibited
Appendix 6 — Fishing logbook – Statement of catch form for tuna seiners
Appendix 7 — Fishing logbook – Statement of catch form for surface longliners
Appendix 8 — Form for entry/exit catch report
Appendix 9 — Format of VMS position message

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Appendix 1
Licence application form
MINISTRY FOR FISHERIES OF MADAGASCAR
APPLICATION FOR A LICENCE FOR FOREIGN INDUSTRIAL FISHING VESSELS
1. Name of ship-owner: ..............................................................................................................................................................................
2. Address of ship-owner: ...........................................................................................................................................................................
3. Name of representative or agent: ........................................................................................................................................................
4. Address of ship-owner's representative or local agent: .................................................................................................................
5. Name of captain: .....................................................................................................................................................................................
6. Name of vessel: ........................................................................................................................................................................................
7. Registration No: .......................................................................................................................................................................................
8. Fax No .......................................................................................................................................................................................................
9. E-mail address: .........................................................................................................................................................................................
10. Radio Call Sign: .......................................................................................................................................................................................
11. Date and place of construction: .........................................................................................................................................................
12. Flag country: ............................................................................................................................................................................................
13. Port of registration: .................................................................................................................................................................................
14. Port of fitting out: ..................................................................................................................................................................................
15. Length (L.O.A.) ........................................................................................................................................................................................
16. Beam: ..........................................................................................................................................................................................................
17. Gross Tonnage (UMS): ...........................................................................................................................................................................
18. Hold capacity: ..........................................................................................................................................................................................
19. Cold storage and freezing capacity: ....................................................................................................................................................
20. Engine type and power: ........................................................................................................................................................................
21. Fishing gear: .............................................................................................................................................................................................
22. Number of crew: .....................................................................................................................................................................................
23. Communications equipment: ...............................................................................................................................................................
24. Call sign: ....................................................................................................................................................................................................
25. Identification markings: .........................................................................................................................................................................
26. Fishing operations to be carried out: .................................................................................................................................................
27. Place of landing: ......................................................................................................................................................................................
28. Fishing zones: ..........................................................................................................................................................................................

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29. Species to be caught: ..............................................................................................................................................................................
30. Period of validity: ....................................................................................................................................................................................
31. Special conditions: ...................................................................................................................................................................................
Opinion of the Directorate-General for Fisheries and Aquaculture: ..................................................................................................
Comments of the Ministry responsible for fisheries: ............................................................................................................................

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Appendix 2
TECHNICAL SHEET
Fishing zone:
— Beyond 20 nautical miles from the base lines. Area indicated in Appendices 3 and 4.
— A protection area of 3 miles around national fish aggregating devices must be complied with.
— The surface longliners covered by this Protocol may not fish in the areas of the Leven Bank and Castor Bank, the
coordinates of which are indicated in Appendix 5.
Authorised gear:
— Seine
— Surface longliners
By-catches:
— IOTC recommendations complied with
Fees to be paid by ship-owners/catch equivalent:
Fee to be paid by ship-owners per tonne caught EUR
35/tonne
— EUR 4 900 EUR for 140 tonnes per tuna seiner
— EUR 3 675 per 105 tonnes per surface longliner over
Cost of annual advance payments paid by ship-owners:
100 GT
— EUR 1 750 per 50 tonnes per surface longliner of
100 GT or below
— 40 seiner vessels
Number of vessels authorised to fish
— 34 surface longliner vessels over 100 GT
— 22 surface longliner vessels of 100 GT or below
Other
— Fee per support vessel: EUR 2 500 per vessel
— Seamen:
— for the fleet of tuna seiners, at least 20 % of the seamen signed on during the tuna-fishing season in the fishing
zone of the third country shall be of ACP origin,
— for the fleet of surface longliners, at least 20 % of the seamen signed on during the fishing season in the fishing
zone of the third country shall be of ACP origin.
— ship-owners shall endeavour to take on board additional seamen of Malagasy origin.
— Observers:
— EU vessels shall, at the request of the authorities of Madagascar, take on board one observer in order to reach the
cover rate of 10 % of licensed vessels. Nevertheless, vessels less than 100 GT are not subject to this measure.
— With regard to any vessel taking aboard an observer, the ship-owner is asked to pay a contribution of EUR 20
for each day on board. This sum shall be paid to the observers programme administered by the FMC.

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Appendix 3
COORDINATES (LATITUDE AND LONGITUDE) OF MADAGASCAR'S FISHING ZONE
Coordonnées (latitudes et longitudes) de la zone de pêche (ZP) de Madagascar
(voir aussi carte géographique annexée en appendice 4)
Coordonnées en deg. déc. Coordonnées
en
deg.
mm
Réf
X
Y
X
Y
A 49,40 –
10,3 49°24′E 10°18′S
B 51 –
11,8 51°0′E 11°48′S
C 53,3 –
12,7 53°18′E 12°42′S
D 52,2 –
16,3 52°12′E 16°18′S
E 52,8 –
18,8 52°48′E 18°48′S
F 52 –
20,4 52°0′E 20°24′S
G 51,8 –
21,9 51°48′E 21°54′S
H 50,4 –
26,2 50°24′E 26°12′S
I 48,3 –
28,2 48°18′E 28°12′S
J 45,4 –
28,7 45°24′E 28°42′S
K 41,9 –
27,8 41°54′E 27°48′S
L 40,6 –
26 40°36′E 26°0′S
M 41,8 –
24,3 41°48′E 24°18′S
N 41,6 –
20,8 41°36′E 20°48′S
O 41,4 –
19,3 41°24′E 19°18′S
P 43,2 –
17,8 43°12′E 17°48′S
Q 43,4 –
16,9 43°24′E 16°54′S
R 42,55 –
15,6 42°33′E 15°36′S
S 43,15 –
14,35 43°9′E 14°21′S
T 45 –
14,5 45°0′E 14°30′S
U 46,8 –
13,4 46°48′E 13°24′S
V 48,4 –
11,2 48°24′E 11°12′S

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L 361/34
EN
Official Journal of the European Union
31.12.2012
BOUNDARIES OF THE AREA IN WHICH FISHING IS PROHIBITED
(in degree minutes)
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

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EN
31.12.2012 Official
Journal
of
the
European
Union L
361/35
Appendix 4

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L 361/36
EN
Official Journal of the European Union
31.12.2012
Appendix 5
Geographical coordinates and map of the fishing zone in which fishing by surface longliners is prohibited
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

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31.12.2012 Off
Appendix 6
Fishing logbook – Statement of catch form for tuna seiners
Statement of catch form for tuna seiners / Fiche de déclaration de captures pour thoniers senneurs
DEPART / SALIDA / DEPARTURE
ARRIVEE / LLEGADA / ARRIVAL
NAVIRE / BARCO / VESSEL
PATRON / PATRON / MASTER FEUILLE
EN

PORT / PUERTO / PORT DATE / FECHA / DATE HEURE / PORT / PUERTO / PORT DATE / FECHA / DATE HEURE /
HORA / HOUR LOCH / CORREDERA / LOCH
HORA / HOUR LOCH / CORREDERA / LOCH
HOJA / SHEET No
POSITION
(chaque calée ou
DATE
midi)
CALEE
CAPTURE ESTIMEE
ASSOCIATION
COMMENTAIRES
COURANT
FECHA POSICION (cada
LANCE
ESTIMACION DE LA CAPTURA
ASSOCIACION
OBSERVATIONES
CORRIENTE
DATE lance o mediadia)
SET
ESTIMATED CATCH
ASSOCIATION
COMMENTS
CURRENT
POSITION (each
set or midday)
icial
1 ALBACO 2 LISTAO 3 PATUDO AUTRE ESPECE
REJETS préciser
Route/Recherche, problèmes
RE
LISTADO
PATUDO préciser le/les
le/les nom(s)
divers, type d'épave
Jour
RABIL
SKIPJACK
BIGEYE
nom(s)
DESCARTES dar
(naturelle/artificielle, balisée,
YELLOW
OTRA ESPECIE dar el/los nombre(s)
bateau), prise accessoire,
nal
FIN
el/los nombre(s)
DISCARDS give
taille du banc, autres associ
of
OTHER SPECIES
name(s)
ations, …
the
give name(s)
Ruta/Busca, problemas
varios, tipo de objeto (natu
European
ral/artificial, con baliza,
barco), captura accesoria,
talla del banco, otras asocia
ciones, …
Union
Steaming/Searching, miscel
laneous problems, log type
(natural/artificial, with radio
beacon, vessel), by catch,
school size, other associ
ations, …
Taille Capt Taille Capt Taille Capt Nom Taille Capt Nom Taille Capt
Talla
ure
Talla ure
Talla ure
Nom Talla ure
Nom Talla ure
Size
Capt Size
Capt Size
Capt bre
Size
Capt bre
Size
Capt
ura
ura
ura
Name
ura
Name
ura
Catch
Catch
Catch
Catch
Catch
Une calée par ligne / Uno lance cada línea / One set by line
L
361/37

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L 361/38
POSITION
(chaque calée ou
DATE
midi)
CALEE
CAPTURE ESTIMEE
ASSOCIATION
COMMENTAIRES
COURANT
FECHA POSICION (cada
LANCE
ESTIMACION DE LA CAPTURA
ASSOCIACION
OBSERVATIONES
CORRIENTE
DATE lance o mediadia)
SET
ESTIMATED CATCH
ASSOCIATION
COMMENTS
CURRENT
POSITION (each
set or midday)
EN

SIGNATURE DATE
Off
icial
Jour
nal
of
the
European
Union
31.12.2012

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31.12.2012 Off
Appendix 7
Fishing logbook – Statement of catch form for surface longliners
EN

icial
Jour
nal
of
the
European
Union
L
361/39

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L 361/40
EN
Official Journal of the European Union
31.12.2012
Appendix 8
Form for entry/exit catch report
COMMUNICATION FORMAT REPORTS
1. ENTRY REPORT FORMAT (WITHIN 3 HOURS BEFORE ENTRY)
ADDRESSEE: MADAGASCAR FMC
ACTION CODE: IN
VESSEL NAME: ..........................................................................................................................................................................................
INTERNATIONAL RADIO CALL SIGN: ..............................................................................................................................................
FLAG COUNTRY: ......................................................................................................................................................................................
TYPE OF VESSEL: ......................................................................................................................................................................................
LICENCE NO: .............................................................................................................................................................................................
POSITION OF ENTRY: ..............................................................................................................................................................................
DATE AND HOUR (UTC) OF ENTRY: ...............................................................................................................................................
TOTAL QUANTITY OF FISH ON BOARD (KG): ............................................................................................................................
— YFT (Albacore/ Yellowfin tuna/ Thunnus albacares) in kg: .......................................................................................................
— SKJ (Listao/ Skipjack/ Katsuwonus pelamis) in kg: ........................................................................................................................
— BET (Patudo/ Bigeye tuna/ Thunnus obesus) in kg: .....................................................................................................................
— ALB (Germon/ Albacore tuna/ Thunnus alalunga) in kg: ..........................................................................................................
— OTHERS (SPECIFY) in kg: ...............................................................................................................................................................
2. EXIT REPORT FORMAT (WITHIN 3 HOURS BEFORE EXIT)
ADDRESSEE: MADAGASCAR FMC
ACTION CODE: OUT
VESSEL NAME: .........................................................................................................................................................................................
INTERNATIONAL RADIO CALL SIGN: .............................................................................................................................................
FLAG COUNTRY: .....................................................................................................................................................................................
TYPE OF VESSEL: .....................................................................................................................................................................................
LICENCE NO: ............................................................................................................................................................................................
POSITION OF EXIT: ................................................................................................................................................................................
DATE AND HOUR (UTC) OF EXIT: ...................................................................................................................................................
TOTAL QUANTITY OF FISH ON BOARD (KG): ...........................................................................................................................
— YFT (Albacore/ Yellowfin tuna/ Thunnus albacares) in kg: .......................................................................................................

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EN
31.12.2012 Official
Journal
of
the
European
Union L
361/41
— SKJ (Listao/ Skipjack/ Katsuwonus pelamis) in kg: ........................................................................................................................
— BET (Patudo/ Bigeye tuna/ Thunnus obesus) in kg: .....................................................................................................................
— ALB (Germon/ Albacore tuna/ Thunnus alalunga) in kg: ..........................................................................................................
— OTHERS (SPECIFY) in kg: ...............................................................................................................................................................
3. WEEKLY CATCH REPORT FORMAT (EVERY THREE DAYS WHILST THE VESSEL IS OPERATING IN MALAGASY
WATERS)
ADDRESSEE: MADAGASCAR FMC
ACTION CODE: WCRT
VESSEL NAME: .........................................................................................................................................................................................
INTERNATIONAL RADIO CALL SIGN: .............................................................................................................................................
FLAG COUNTRY: .....................................................................................................................................................................................
TYPE OF VESSEL: .....................................................................................................................................................................................
LICENCE NO: ............................................................................................................................................................................................
TOTAL QUANTITY OF FISH ON BOARD (KG): ...........................................................................................................................
— YFT (Albacore/ Yellowfin tuna/ Thunnus albacares) in kg: .......................................................................................................
— SKJ (Listao/ Skipjack/ Katsuwonus pelamis) in kg: ........................................................................................................................
— BET (Patudo/ Bigeye tuna/ Thunnus obesus) in kg: .....................................................................................................................
— ALB (Germon/ Albacore tuna/ Thunnus alalunga) in kg: ..........................................................................................................
— OTHERS (SPECIFY) in kg: ...............................................................................................................................................................
— NUMBER OF SETS MADE SINCE LAST REPORT: ...................................................................................................................
All reports shall be transmitted to the competent authority at:
Fax No: +261 20 22 490 14
E-mail: csp-mprh@blueline.mg
Centre de Surveillance des Pêches de Madagascar, B.P.60 114 Antananarivo

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L 361/42
EN
Official Journal of the European Union
31.12.2012
Appendix 9
Format of VMS position message
COMMUNICATION OF VMS MESSAGES TO MADAGASCAR POSITION REPORT
Data Element Code
Mandatory/
Optional
Comments
Start record SR
M System
detail
–
indicates
start
of
record
Addressee AD
M Message
detail
–
recipient.
Alpha-3
ISO
country
code
From FR
M Message
detail
–
sender.
Alpha-3
ISO
country
code
Flag State FS
O
Type of message TM
M Message
detail
–
message
type 'POS'
Radio call sign RC
M Vessel
detail
–
international
radio
call
sign
of
vessel
Contracting Party internal
IR
O Vessel
detail
–
unique
Contracting
Party
number
(flag
State
ISO3
reference number
code followed by number)
External registration number XR
M Vessel
detail
–
number
marked
on
side
of
vessel
Latitude LA
M Vessel
position
detail
–
position
in
degrees
and
minutes
N/S
DDMM (WGS-84)
Longitude LO
M
Vessel position detail – position in degrees and minutes E/W
DDMM (WGS-84)
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
-
indicates
end
of
record
Character set: ISO 8859.1
Each data transmission is structured as follows:
— a double slash (//) and field code indicate the start of the message,
— a single slash (/) separates the field code and the data.
Optional data elements have to be inserted between the start and end of the record.

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Document Outline

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