Protocol

defining for the period 1 January 2004 to 31 December 2006 the Tuna fishing opportunities and the financial contribution provided for in the agreement between the European Economic Community and the Democratic Republic of Madagascar on fishing off Madagascar

Article 1

1. Under Article 2 of the Agreement, licences authorising fishing in the Malagasy fishing zone shall be granted to 40 freezer tuna seiners and 40 surface longliners for a period of three years beginning on 1 January 2004.

In addition, at the request of the Community, certain permits may be granted to other categories of fishing vessel under conditions to be defined within the Joint Committee referred to in Article 9 of the Agreement.

2. Vessels flying the flag of a Member State of the European Community may fish for tuna in Madagascar's fishing zone only if they are in possession of a fishing licence issued under this Protocol in accordance with the arrangements described in the Annex.

Article 2

1. The financial contribution referred to in Article 7 of the Agreement shall be fixed at EUR 825000 per year, comprising EUR 320000 in financial compensation, to be paid not later than 30 September for the first year and 30 April for the second and third years, and EUR 505000 for the measures referred to in Article 3 of this Protocol.

However, the financial compensation to be paid for the first year of application of the Protocol ( 1 January 2004 to 31 December 2004) shall be EUR 196385 following deduction of the amount already paid under the preceding Protocol in respect of the period 1 January 2004 to 20 May 2004.

2. The financial contribution shall cover an annual catch of 11000 tonnes of tuna in Malagasy waters; if the tuna caught by Community vessels in the Malagasy fishing zone exceeds this weight, the amount referred to above shall be proportionately increased. However, the total amount of the financial contribution paid by the Community shall not be more than twice the amount indicated in paragraph 1.

3. The financial compensation shall be paid into an account opened with the Public Treasury, to be specified by the Malagasy authorities.

Article 3

1. In order to guarantee the development of sustainable, responsible fisheries, the two parties shall in their mutual interest encourage a partnership aimed at promoting in particular: enhanced knowledge of fisheries resources and biological resources, fisheries inspection, development of non-industrial fishing, fishing communities and training.

2. From the financial contribution provided for in Article 2(1), the measures set out below shall be funded to the tune of EUR 505000 per year, broken down as follows:

(a) EUR 90000 for Malagasy scientific programmes to improve knowledge of fisheries resources and ensure sustainable management thereof. At the request of the Government of Madagascar, this contribution may take the form of assistance with expenses associated with international meetings to improve such knowledge, as well as management of fisheries resources.

(b) EUR 267000 towards a system of fisheries monitoring, inspection and surveillance.

(c) EUR 60000 for the financing of study grants and training courses and for the training of seamen.

(d) EUR 68000 for assistance with the development of traditional fisheries.

(e) EUR 20000 towards the management of observers.

3. The amounts referred to in points (a), (b), (d) and (e) shall be paid to the Ministry responsible for fisheries after a detailed annual programme, including a schedule and the objectives set for each of these targeted measures, has been presented to the Commission and no later than 30 September 2004 for the first year and 30 April for the second and third years; they shall be paid into the bank accounts of the relevant Malagasy authorities. The annual programme must reach the Commission by 31 July 2004 for the first year and by 28 February for the following years. However, for the first year, the programme must cover only the period 21 May 2004 to 31 December 2004.

The Commission reserves the right to request the Ministry responsible for fisheries for any additional information which may be considered necessary.

4. The amounts referred to at (c) shall be disbursed to the Ministry responsible for fisheries and paid, as the funds are used, into the bank accounts indicated by it.

5. The relevant Malagasy authorities shall send the Commission an annual report on the use of the funds allocated to the measures provided for in paragraph 2, and on the implementation of those measures and the results achieved, not later than 31 March of the following year. The Commission reserves the right to request the Ministry responsible for fisheries for any additional information. In the light of the actual implementation of those measures and after consulting the relevant Malagasy authorities in the context of a meeting of the Joint Committee provided for in Article 9 of the Agreement, the Commission may review the payments concerned.

Article 4

Should the European Community fail to make the payments provided for in Articles 2 and 3, Madagascar may suspend application of this Protocol.

Article 5

If serious circumstances, with the exception of natural phenomena, prevent the exercise of fishing activities in Madagascar's fishing zone, payment of the financial contribution may be suspended by the European Community following prior consultations between the two parties.

Payment of the financial contribution shall be resumed as soon as normality is restored and after consultations between the two parties confirm that the situation is likely to permit a return to fishing activities.

The validity of the licences granted to Community vessels under Article 4 of the Agreement shall be extended by a period equal to the period during which fishing activities were suspended.

Article 6

The Annex to the Agreement between the European Economic Community and the Democratic Republic of Madagascar on fishing off Madagascar is hereby repealed and replaced by the Annex to this Protocol.

Article 7

This Protocol shall enter into force on the date of its signing.

It shall apply from 1 January 2004.

--------------------------------------------------