ANNEX

CONDITIONS GOVERNING FISHING ACTIVITIES BY COMMUNITY VESSELS IN MADAGASCAR’S FISHING ZONE

CHAPTER I

Application for and issue of licences

SECTION 1

Issue of licences

1.   Only eligible vessels may obtain a licence to fish in Madagascar’s fishing zone.

2.   For a vessel to be eligible, neither the owner, the skipper nor the vessel itself must be prohibited from fishing in Madagascar. They must be in order vis-à-vis the Malagasy authorities insofar as they must have fulfilled all prior obligations arising from their fishing activities in Madagascar under fisheries agreements concluded with the Community.

3.   The relevant Community authorities shall submit (by electronic means) to the Ministry responsible for fisheries in Madagascar an application for each vessel wishing to fish or assist in fishing activities under the Agreement at least 15 working days before the date of commencement of the period of validity requested.

4.   Applications shall be submitted to the Ministry responsible for fisheries on a form drawn up in accordance with the specimen in Appendix I. The Malagasy authorities shall take all the necessary steps to ensure that the data received as part of the licence application are treated as confidential. This data will be used exclusively in the context of the implementation of the Fisheries Agreement.

5.   All licence applications shall be accompanied by the following documents:

—	proof of payment of the flat-rate advance for the period of validity of the licence,

—	a copy of the tonnage certificate, certified by the flag Member State, giving the tonnage of the vessel expressed in GT,

—	a recent, certified colour photograph showing a side view of the vessel in its current state. The photograph shall be at least 15 cm by 10 cm,

—	a colour photocopy of the registration markings and call sign (1).

6.   The fee shall be paid into the account specified by the Malagasy authorities in accordance with Article 2(7) of the Protocol.

7.   The fees shall include all national and local charges with the exception of port taxes and service charges.

8.   Licences for all vessels shall be issued to shipowners or their representatives via the European Commission Delegation to Madagascar within 15 working days of receipt of all the documents referred to in point 5 by the Ministry responsible for fisheries in Madagascar.

9.   Licences shall be issued for a specific vessel and shall not be transferable.

10.   However, at the request of the European Community and where force majeure is proven, a vessel’s licence shall be replaced by a new licence for another vessel of the same category as the first vessel, as referred to in Article 1 of the Protocol, with no further fee due. In this case, the calculation of the catch levels to determine whether an additional payment should be made shall take account of the sum of the total catches of the two vessels.

11.   The owner of the first vessel, or his or her representative, shall return the cancelled licence to the Ministry responsible for fisheries in Madagascar via the European Commission Delegation.

12.   The new licence shall take effect on the day that the vessel’s owner returns the cancelled licence to the Ministry responsible for fisheries in Madagascar. The European Commission Delegation to Madagascar shall be informed of the licence transfer.

13.   The licence must be held on board at all times. The European Community shall keep an up-to-date list of the vessels to which a fishing licence has been issued under this Protocol. This draft shall be notified to the Malagasy authorities as soon as it is drawn up, and then each time it is updated. On receipt of this draft list and of notification of payment of the advance sent to the coastal state authorities by the Commission, the vessel shall be entered by the competent Malagasy authority on a list of vessels authorised to fish, which shall be notified to the authorities responsible for fisheries inspection. In this case, a certified copy of this list shall be sent to the shipowner and kept on board instead of the fishing licence until the licence has been issued.

14.   The two Parties shall seek agreement for the purposes of promoting the introduction of a licence system based exclusively on the electronic exchange of all the information and documents described above. The two Parties shall seek agreement for the purposes of promoting the rapid replacement of the paper licence by an electronic equivalent such as the list of vessels authorised to fish in Madagascar’s fishing zone.

15.   No fee shall be required for licences for support vessels. Support vessels must fly the flag of a Community Member State or form part of a Community company.

SECTION 2

Licence conditions — fees and advance payments

1.   Licences shall be valid for a period of one year. They shall be renewable.

2.   The fee shall be EUR 35 per tonne caught within Madagascar’s fishing zone in the case of tuna seiners and surface longliners.

3.   Licences shall be issued once the following standard amounts have been paid to the competent national authorities:

—	EUR 3 920 per tuna seiner, equivalent to the fees due for 112 tonnes per year,

—	EUR 3 500 per surface longliner of over 100 GT, equivalent to the fees due for 100 tonnes per year,

—	EUR 1 680 per surface longliner of 100 GT or below, equivalent to the fees due for 48 tonnes per year,

—	the amount for demersal fishing licences shall be fixed at a later stage within the Joint Committee following the exploratory fishing phase. During the exploratory phase, licences shall be issued free of charge.

4.   Member States shall inform the European Commission not later than 15 June each year of the tonnages caught during the past year, as confirmed by the scientific institutes referred to in point 5.

5.   The final statement of the fees due for year n shall be drawn up by the European Commission by 31 July of year n + 1 at the latest on the basis of the catch declarations made by each shipowner and confirmed by the scientific institutes responsible for verifying catch data in the Member States, such as the Institut de Recherche pour le Développement (IRD), the Instituto Español de Oceanografía (IEO) and the Instituto de Investigação das Pescas e do Mar (IPIMAR) via the European Commission Delegation.

6.   This statement shall be sent simultaneously to the Ministry responsible for fisheries in Madagascar and to the shipowners.

7.   Any additional payments for quantities caught in excess of 112 tonnes for tuna seiners, 100 tonnes for longliners of over 100 GT and 48 tonnes for longliners of 100 GT or below shall be made by the shipowners to the competent Malagasy national authorities by 31 August of year n + 1, into the account referred to in point 6 of Section 1 of this Chapter, on the basis of EUR 35 per tonne.

8.   However, if the amount of the final statement is lower than the advance referred to in point 3 of this Section, the resulting balance shall not be reimbursable to the shipowner.

CHAPTER II

Fishing zones

1.   Community vessels may carry out fishing activities in waters beyond 12 nautical miles from the base lines in the case of tuna seiners and surface longliners. A protection zone of three nautical miles from fish aggregating devices not belonging to Community vessels must be observed.

CHAPTER III

Catch reporting arrangements for vessels authorised to fish in Malagasy waters

1.   For the purposes of this Annex, the duration of a trip by a Community vessel in Madagascar’s fishing zone shall be defined as follows:

—	the period elapsing between entering and leaving Madagascar’s fishing zone, or

—	the period elapsing between entering Madagascar’s fishing zone and a transhipment in port and/or a landing in Madagascar.

All vessels authorised to fish in Malagasy waters under the Agreement shall be obliged to notify their catches so that the Malagasy authorities can check the quantities caught, which shall be validated by the competent scientific institutes in accordance with the procedure referred to in point 4 of Section 2 of Chapter I of this Annex. Vessels over 24 metres in length must notify their catches every 15 calendar days to Madagascar’s Fisheries Monitoring Centre (FMC), while they are in Madagascar’s fishing zone. Catches shall be notified as follows:

2.1.   During an annual period of validity of the licence within the meaning of Section 2 of Chapter I of this Annex, declarations shall include the catches made by the vessel during each trip. The original of the declarations shall be transmitted on a physical medium to the FMC within 45 days following the end of the last trip made during the period. These notifications shall also be made by fax (+ 261 20 22 490 14) or e-mail (csp-mprh@blueline.mg).

2.2.   Vessels shall declare their catches on the corresponding form in the logbook, in accordance with the specimen in Appendix 2. The words ‘Outside Madagascar’s fishing zone’ shall be entered in the logbook in respect of periods during which the vessel is not in Madagascar’s fishing zone.

2.3.   The forms shall be filled in legibly and signed by the skipper of the vessel or by his or her legal representative.

3.   Where the provisions set out in this Chapter are not complied with, the Malagasy Government reserves the right to suspend the licence of the offending vessel until formalities have been completed and to apply to the shipowner the penalty laid down in current Malagasy legislation. The European Commission and the flag Member State shall be informed thereof.

4.   The two Parties shall seek agreement for the purposes of promoting a catch reporting system based exclusively on the electronic exchange of all the information and documents described above. The two Parties shall seek agreement for the purposes of promoting the rapid replacement of the written declaration (logbook) by an equivalent in the form of an electronic file.

CHAPTER IV

Transhipment and landings

The Parties shall cooperate with a view to improving landing or transhipment options in Malagasy ports.

1.   Landings:

Community tuna vessels which opt 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 point 2 of Section 2 of Chapter 1 of the Annex.

An additional reduction of EUR 5 shall be granted where fisheries products are sold to a processing factory in Madagascar.

This mechanism shall apply, for all Community vessels, up to a maximum of 50 % of the final statement of catches (as defined in Chapter III of the Annex) from the first year of this Protocol.

2.   Detailed rules on checks on the tonnages landed or transhipped shall be laid down at the first meeting of the Joint Committee.

3.   Evaluation:

The level of the financial incentives and the maximum percentage of the final statement of catches shall be adjusted within the Joint Committee, in accordance with the socio-economic impact of landings in the year concerned.

CHAPTER V

Embarking seamen

1.   Owners of tuna seiners and surface longliners shall employ ACP nationals, subject to the following conditions and limits:

—	for the fleet of tuna seiners, at least 20 % of the seamen signed on during the tuna-fishing season in the fishing zone of third countries shall be of ACP origin (2),

—	for the fleet of surface longliners, at least 20 % of the seamen signed on during the fishing season in the fishing zone of third countries shall be of ACP origin.

2.   Shipowners shall endeavour to sign on additional seamen of ACP origin.

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

4.   The employment contracts of ACP seamen shall be drawn up between the shipowners’ 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.

5.   The wages of the ACP seamen shall be paid by the shipowners. They shall be fixed by mutual agreement among the shipowners 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.

6.   All seamen employed aboard Community vessels shall report to the skipper 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, shipowners shall be automatically absolved of their obligation to take the seaman on board.

CHAPTER VI

Technical measures

Vessels shall comply with the measures and recommendations adopted by IOTC in the region regarding fishing gear and the technical specifications thereof and all other technical measures applicable to their fishing activities.

CHAPTER VII

Observers

Vessels authorised to fish in Malagasy waters under the Agreement shall take on board observers appointed by the competent regional fisheries organisation on the terms set out below.

1.1.   At the request of the competent authority, Community vessels shall take on board an observer designated by the authority in order to check catches made in Malagasy waters.

1.2.   The competent authority shall draw up a list of vessels designated to take an observer on board and a list of the appointed observers. These lists shall be kept up to date. They shall be forwarded to the European Commission as soon as they have been drawn up and every three months thereafter where they have been updated.

1.3.   The competent authority shall inform the shipowners concerned, or their representatives, of the name of the observer appointed to be taken on board their vessel at the time the licence is issued, or no later than 15 days before the observer’s planned embarkation date.

2.   The time spent on board by observers shall be one fishing trip. However, at the express request of the competent Malagasy authorities, this embarkation may be spread over several trips according to the average duration of trip for a particular vessel. This request shall be made by the competent authority when the name of the observer appointed to board the vessel in question is notified.

3.   The conditions under which observers are taken on board shall be agreed between shipowners or their representatives and the competent authority.

4.   Observers shall be taken on board at a port chosen by the shipowner at the beginning of the first voyage in Malagasy waters after notification of the list of designated vessels.

5.   Within two weeks and giving ten days’ notice, the shipowners concerned shall make known at which ports in the subregion and on what dates they intend to take observers on board.

6.   Where observers are taken on board in a country outside the subregion, their travel costs shall be borne by the shipowner. Should a vessel with a regional observer on board leave the regional fishing zone, all measures must be taken to ensure the observer’s return as soon as possible at the expense of the shipowner.

7.   If the observer is not present at the time and place agreed and during the twelve hours following the time agreed, shipowners shall be automatically absolved of their obligation to take the observer on board.

Observers shall be treated as officers. Where vessels are operating in Malagasy waters, they shall carry out the following tasks:

8.1.   observe the fishing activities of the vessels;

8.2.   verify the position of vessels engaged in fishing operations;

8.3.   perform biological sampling in the context of scientific programmes;

8.4.   note the fishing gear used;

8.5.   verify the catch data for Malagasy waters recorded in the logbook;

8.6.   verify the percentages of by-catches and estimate the quantity of discards of species of marketable fish;

8.7.   report by any appropriate means fishing data, including the quantity of catches and by-catches on board, to their competent authority.

9.   Skippers shall do everything in their power to ensure the physical safety and welfare of observers during performance of their duties.

10.   Observers shall be offered every facility needed to carry out their duties. The skipper shall give them access to the means of communication needed for the discharge of their duties, to documents directly concerned with the vessel’s fishing activities, including in particular the logbook and the navigation log, and to those parts of the vessel necessary to facilitate the exercise of their tasks as observer.

While on board, observers shall:

11.1.   take all appropriate steps to ensure that the conditions of their boarding and presence on the vessel neither interrupt nor hamper fishing operations;

11.2.   respect the material and equipment on board and the confidentiality of all documents belonging to the vessel.

12.   At the end of the observation period and before leaving the vessel, observers shall draw up an activity report to be transmitted to the competent authorities, with a copy to the European Commission. They shall sign it in the presence of the skipper, who may add or cause to be added to it any observations considered relevant, followed by the skipper’s signature. A copy of the report shall be handed to the skipper when the observer is put ashore.

13.   Shipowners shall bear the cost of accommodating observers in the same conditions as the officers, within the confines of the practical possibilities offered by the vessel.

14.   The salary and social contributions of the observer shall be borne by the competent authorities.

15.   The two Parties shall consult each other, and interested third parties, as soon as possible as regards the definition of a system of regional observers and the choice of the competent regional fisheries organisation. Pending the implementation of a system of regional observers, vessels authorised to fish in Madagascar’s fishing zone under the Agreement shall take on board, instead of regional observers, observers designated by the competent Malagasy authorities in accordance with the rules set out above.

CHAPTER VIII

Monitoring

1.   In accordance with point 13 of Section 1 of Chapter I of this Annex, the European Community shall keep an up-to-date list of the vessels to which a fishing licence has been issued under this Protocol. This list shall be notified to the Malagasy authorities responsible for fisheries inspection as soon as it is drawn up and each time it is updated.

2.   On receipt of this draft list and of notification of payment of the advance (referred to in point 3 of Section 2 of Chapter I of this Annex) sent to the coastal state authorities by the European Commission, the vessel shall be entered by the competent Malagasy authority on a list of vessels authorised to fish, which shall be sent to the authorities responsible for fisheries inspection. In this case, a certified copy of this list shall be sent to the shipowner and kept on board instead of the fishing licence until the licence has been issued.

3.   Entering and leaving the zone

3.1.   Community vessels shall notify, at least three hours in advance, the Malagasy authorities responsible for fisheries inspection of their intention to enter or leave Madagascar’s fishing zone; they shall also declare the overall quantities and the species on board in accordance with the attached model. An intention to enter which is not actually followed up must be cancelled by fax or e-mail. The Fisheries Monitoring Centre must e-mail an acknowledgement of receipt for each declaration (entry/exit) directly to the fishing vessel and/or failing that to the shipowner.

3.2.   When notifying leaving, vessels shall also communicate their position. This information should preferably be communicated by fax (+ 261 20 22 490 14) or e-mail (csp-mprh@blueline.mg) or, for vessels not equipped with a fax or e-mail, by radio (call sign BLU, only during working hours and on working days in Madagascar, 8 754,00 Mhz. The radio call sign of Madagascar’s Fisheries Monitoring Centre is ‘CHARLIE SIERRA PAPA’).

3.3.   Vessels found to be fishing without having informed the competent Malagasy authority shall be regarded as vessels in breach of the legislation.

3.4.   Vessels shall also be informed of the fax and telephone numbers and e-mail address when the fishing licence is issued.

3.5.   On receipt of messages notifying entry into and/or exit from the fishing zone, the Malagasy authorities reserve the right to decide whether or not to carry out a check on the catches of the longliner fleet of more than 250 GT on the basis of sampling of around 10 % of the fleet concerned. Such checks shall take place in the nearest port or at a control point at sea.

4.   Control procedures

4.1.   Skippers of Community fishing vessels engaged in fishing activities in Madagascar’s waters shall allow and facilitate boarding and the discharge of their duties by any Malagasy official responsible for the inspection and control of fishing activities.

4.2.   These officials shall not remain on board for longer than is necessary for the discharge of their duties.

4.3.   Once the inspection has been completed, a certificate shall be issued to the master of the vessel.

5.   Satellite monitoring

All Community vessels fishing under this Agreement shall be subject to satellite monitoring in line with Appendix 4.

6.   Boarding

6.1.   The competent Malagasy authorities shall inform the flag State and the European Commission, within no more than 24 hours, of all boardings of and penalties imposed on Community vessels in Malagasy waters.

6.2.   The flag State and the European Commission shall at the same time receive a brief report of the circumstances and reasons leading to the boarding.

7.   Statement of boarding

7.1.   After the competent Malagasy authority has drawn up a statement, the skipper of the vessel shall sign it.

7.2.   This signature shall not prejudice the rights of the master or any defence which the master may make to the alleged infringement. If the skipper refuses to sign this document, he or she shall specify the reasons for doing so in writing and the inspector shall write ‘refusal to sign’ on it.

7.3.   The skipper shall take the vessel to the port indicated by the Malagasy authorities. In the case of minor infringements, the competent Malagasy authorities may authorise the boarded vessel to continue fishing.

8.   Consultation meeting in the event of boarding

8.1.   Before any measures regarding the skipper or the crew of the vessel or any action regarding the cargo and equipment of the vessel are considered, other than those to safeguard evidence relating to the presumed infringement, a consultation meeting shall be held, within one working day of the receipt of the above information, between the European Commission and the competent Malagasy authorities, possibly attended by a representative of the Member State concerned.

8.2.   At the meeting, the Parties shall exchange any relevant documentation or information helping to clarify the circumstances of the established facts. The shipowner or his or her representative shall be informed of the outcome of the meeting and of any measures resulting from the boarding.

9.   Settlement of boarding

9.1.   Before any judicial procedure, an attempt shall be made to resolve the presumed infringement through a compromise procedure. This procedure shall end no later than three working days after the boarding.

9.2.   In the event of an amicable settlement, the amount of the fine shall be determined in accordance with Malagasy legislation.

9.3.   If the case cannot be settled by amicable procedure and has to be brought before a competent judicial body, a bank security set to take account of the boarding costs and the fines and compensation payable by the parties responsible for the infringement shall be lodged by the shipowner with a bank specified by the competent Malagasy authorities.

9.4.   The bank security shall be irrevocable until the legal proceedings have been concluded. It shall be released once legal proceedings end without a conviction. Similarly, in the event of a conviction leading to a fine of less than the security lodged, the balance shall be released by the competent Malagasy authorities.

9.5.   The vessel shall be released and its crew authorised to leave the port:

—	once the obligations arising under the amicable settlement have been fulfilled, or

—	when the bank security referred to in point 9.3 has been lodged and accepted by the competent Malagasy authorities, pending completion of the legal proceedings.

10.   Transhipment

10.1.   All Community vessels wishing to tranship catches in Malagasy waters shall do so in or off Malagasy ports.

10.2.   The owners of such vessels must notify the following information to the competent Malagasy authorities at least 24 hours in advance:

—	the names of the transhipping fishing vessels,

—	the names, OMI numbers and flag of the cargo vessels,

—	the tonnage by species to be transhipped,

—	the day and place of transhipment.

10.3.   Transhipment shall be considered as an exit from Madagascar’s fishing zone. Skippers of vessels must submit their catch declarations to the competent Malagasy authorities and state whether they intend to continue fishing or leave Madagascar’s fishing zone.

10.4.   Any transhipment of catches not covered above shall be prohibited in Madagascar’s fishing zone. Any person infringing this provision shall be liable to the penalties provided for by Malagasy law.

11.   Skippers of Community fishing vessels engaged in landing or transhipment operations in a Malagasy port shall allow and facilitate the inspection of such operations by Malagasy inspectors. Once the inspection has been completed in the port, a certificate shall be issued to the skipper of the vessel.

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(1)  In conformity with international standards.

(2)  Of which at least 70 seamen of the total European fleet belonging to IOTC Member States.

ANNEX

CONDITIONS GOVERNING ACTIVITIES BY COMMUNITY VESSELS IN MOZAMBIQUE’S FISHING ZONE

CHAPTER I

Application for and issuance of fishing licences

SECTION 1

Issuance of licences

1.   Only eligible vessels may obtain a licence to fish in Mozambique’s fishing zone under the Protocol establishing, for the period from 1 January 2007 and 31 December 2011, the fishing opportunities and the financial contribution provided for in the Fisheries Partnership Agreement between the European Community and the Republic of Mozambique.

2.   For a vessel to be eligible, neither the owner, the master nor the vessel itself must be prohibited from fishing in Mozambique. They must be in order vis-à-vis the Mozambican fishing administration insofar as they must have fulfilled all prior obligations arising from their fishing activities in Mozambique under fisheries agreements concluded with the Community.

3.   Community vessels applying for fishing licences may be represented by an agent residing in Mozambique. The agent’s name and address shall be attached in the fishing licence application.

4.   The relevant Community authorities shall submit to the Ministry responsible for fisheries in Mozambique an application for each vessel wishing to fish under the Agreement at least 15 days before the date of commencement of the period of validity requested.

5.   Applications shall be submitted to the Ministry responsible for fisheries in accordance with the specimen in Appendix 1.

6.   All fishing licence applications shall be accompanied by the following documents:

—	proof of payment of the fee for the period of validity of the licence,

—	with the first application under the Protocol, a recent colour photograph showing a side of the vessel in its current state; the photograph shall be at least 15 cm by 10 cm,

—	the vessel’s seaworthiness certificate,

—	the vessel’s registration certificate,

—	the vessel’s health conformity certificate issued by the competent Community authority.

7.   The fee shall be paid into the account specified by the Mozambican authorities in accordance with Article 2(7) of the Protocol.

8.   It shall include all local and national taxes with the exception of port taxes, transhipment tax and charges for the provision of services.

9.   Fishing licences for all vessels shall be issued to shipowners or their representatives via the European Commission Delegation to Mozambique within 15 days of receipt of all the documents referred to in point 6 by the Ministry responsible for fisheries in Mozambique. Once the fishing licence is issued, the Mozambican authorities shall immediately send a copy thereof to the owner of the vessel or his/her representative by the adequate means of communication (fax, electronic mail, etc.). A copy of the fishing licence is kept on board the vessel as proof of the fishing authorisation under the Agreement. The authorities responsible for control shall be immediately informed of the issuing of the fishing licence.

10.   Where, at the time of signing, the Delegation of the European Commission were closed, the fishing licence may be given to the vessel’s agent with a copy for the Delegation.

11.   Licences shall be issued for a specific vessel and shall not be transferable. However, at the request of the European Community and where force majeure is proven, a vessel’s fishing licence shall be replaced by a new fishing licence for another vessel of the same category as the first vessel with no further fee due. In this case, the calculation of the catch levels to determine whether an additional payment should be made shall take account of the sum of the total catches of the two vessels.

12.   The owner of the first vessel, or his/her representative, shall return the cancelled fishing licence to the Ministry responsible for fisheries in Mozambique via the European Commission Delegation.

13.   The date of entry into force of the new fishing licence is the date indicated therein. The European Commission Delegation to Mozambique shall be informed of the fishing licence transfer.

14.   Fishing licences must be held on board at all times without prejudice to the provisions of point 2 of Chapter VIII of this Annex.

SECTION 2

Licence conditions — fees and advance payments

1.   Fishing licences shall be valid for a period of no more than one year, from 1 January to 31 December of each year at the latest. They shall be renewable.

2.   The fee shall be EUR 35 per tonne caught within Mozambique’s fishing zone.

3.   Fishing licences shall be issued once the following fixed amounts have been paid to the competent national authorities:

—	EUR 4 200 for each tuna seiner, equivalent to the fees due for 120 tonnes of highly migratory and related species caught each year,

—	EUR 3 500 for each surface longliner of more than 250 gross tonnes (GT), equivalent to the fees due for 100 tonnes of highly migratory and related species caught each year,

—	EUR 1 680 for each surface longliner of less than 250 gross tonnes (GT), equivalent to the fees due for 48 tonnes of highly migratory and related species caught each year.

4.   The final statement of the fees due for year n shall be drawn up by the European Commission by 31 July of year n + 1 at the latest, on the basis of the catch declarations made by each shipowner and confirmed by the scientific institutes responsible for verifying catch data in the Member States, such as the Institut de Recherche pour le Développement (IRD), the Instituto Español de Oceanografía (IEO) and the Instituto de Investigação das Pescas e do Mar (IPIMAR) via the European Commission Delegation.

5.   This statement shall be sent simultaneously to the Ministry responsible for fisheries in Mozambique and to the shipowners.

6.   Any additional payment shall be made by the shipowner to the competent Mozambican national authorities by 30 August of the following year to the bank account specified in point 7 of Section 1 of this Chapter.

7.   However, if the amount of the final statement is lower than the advance referred to in point 3 of this Section, the resulting balance shall not be reimbursable to the shipowner.

CHAPTER II

Fishing zones

Community vessels may carry out fishing activities only beyond 12 nautical miles from the baseline in accordance with the fishing zone defined in Appendix 4.

CHAPTER III

Catch reporting arrangements

1.   For the purposes of this Annex, the duration of a fishing trip by a Community vessel shall be defined as follows:

—	the period elapsing between entering and leaving Mozambique’s fishing zone, or

—	the period elapsing between entering Mozambique’s fishing zone and a transhipment in port and/or a landing in Mozambique.

All vessels authorised to fish in Mozambican waters under the Agreement shall be obliged to notify the Ministry responsible for fisheries in Mozambique of their catches so that the Mozambican authorities can check the quantities caught, which shall be validated by the competent scientific institutes in accordance with the procedure referred to in point 4 of Section 2 of Chapter I of this Annex. Catches shall be notified as follows:

2.1.   during an annual period of validity of the licence within the meaning of point 1 of Section 2 of Chapter I of this Annex, declarations shall indicate the catches made by the vessel during each trip. The original of the declarations shall be transmitted on a physical medium to the Ministry responsible for fisheries in Mozambique within 30 days following the end of the last trip made during the period. At the same time, a copy thereof shall be sent by fax or electronic mail to the flag Member State and to the Ministry responsible for fisheries of Mozambique;

2.2.   vessels shall declare their catches on the corresponding form in the logbook, in accordance with the specimen in Appendix 2. The words ‘Outside Mozambique’s fishing zone’ shall be entered in the logbook in respect of periods during which the vessel is not in Mozambican waters;

2.3.   the forms shall be filled in capital letters and legibly, and signed by the master of the vessel or by his or her legal representative.

3.   Where the provisions set out in this Chapter are not complied with, the Mozambican Government reserves the right to suspend the fishing licence of the offending vessel until formalities have been completed and to apply to the shipowner the penalty laid down in current Mozambican legislation. The European Commission and the flag Member State shall be informed thereof.

CHAPTER IV

Transhipment and landings

The Parties shall cooperate with a view to improving landing or transhipment options in Mozambican ports.

CHAPTER V

Embarking seamen

1.   Shipowners undertake to employ, for the tuna-fishing season in Mozambique’s fishing zone, at least 20 % of seamen of ACP origin, of which, if possible, at least 40 % are Mozambican.

2.   Shipowners shall endeavour to sign on additional seamen of ACP origin.

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

4.   The employment contracts of Mozambican seamen shall be drawn up in accordance with point 1 of this Chapter between the shipowners’ 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 insurance, and sickness and accident insurance.

5.   The wages of the seamen shall be paid by the shipowners. They shall be fixed by mutual agreement among the shipowners or their representatives and the authorities of the relevant ACP country prior to issuing fishing licences. However, the wage conditions granted to Mozambican seamen shall not be lower than those applicable to crews from Mozambique and shall under no circumstances be below ILO standards.

CHAPTER VI

Technical measures

Vessels shall comply with the measures and recommendations adopted or to be adopted by regional fishing organisations to which the Parties are members concerning fishing methods, their technical specifications and all other technical measures applicable to their fishing activities.

CHAPTER VII

Observers

1.   Vessels authorised to fish in Mozambican waters under the Agreement shall take on board observers appointed by the IOTC with prior communication thereof to the Mozambican authorities.

2.   The conditions under which observers are taken on board shall be agreed between shipowners or their representatives and the competent authority.

3.   At the end of the observation period and before leaving the vessel, observers shall draw up an activity report to be transmitted to the competent authorities, with copies thereof to the Mozambican Fisheries Administration and the vessel’s captain.

CHAPTER VIII

Monitoring

1.   Entering and leaving the zone

1.1.   Community vessels shall notify, at least three hours in advance, the competent Mozambican authorities responsible for monitoring fishing of their intention to enter or leave Mozambique’s fishing zone and declare overall quantities and species on board.

1.2.   When notifying leaving, vessels shall also communicate their position. This information should preferably be communicated by fax or, for vessels not equipped with a fax, by radio or electronic mail.

1.3.   Vessels found to be fishing without having notified their entry or found to have left without notifying their exit to the Mozambican fisheries administration shall be regarded as vessels in breach of the legislation.

1.4.   Vessels shall be informed of the fax, telephone numbers and e-mail address when the fishing licence is issued.

2.   Control procedures

2.1.   The Mozambican authorities may allow an agent on board to inspect fishing activities.

2.2.   The master of the vessel shall make the existing communication media available to the monitoring agent, authorise access to all the vessel compartments and permit the collection of samples.

2.3.   The master of the vessel shall provide food, accommodation and medical assistance on the same conditions as for the vessel’s officers.

2.4.   These officials shall not remain on board for longer than is necessary for the discharge of their duties.

2.5.   Once the inspection has been completed, the agent shall prepare a report, of which a copy shall be given to the master of the vessel.

3.   Satellite monitoring

3.1.   All Community vessels fishing under this Agreement shall be subject to satellite monitoring in line with Appendix 3 — VMS protocol.

4.   Boarding

4.1.   The competent Mozambican authorities shall inform the flag State and the European Commission, within no more than 24 hours, of all boardings and penalties imposed on Community vessels in Mozambique’s fishing area.

4.2.   In the event of boarding of the vessel, the latter may be, on request, immediately released if, within 72 hours, the master or the owner of the vessel pays a guarantee to be established on the basis of the relevant Mozambican legislation.

4.3.   In the event of an infringement procedure, notification thereof shall be sent to the Delegation of the European Commission, the flag State and the owner of the vessel with a brief report of the circumstances and reasons leading to the boarding.

5.   Notice

5.1.   The master of the vessel shall sign the notice drawn up by the competent Mozambican authority for the occurrence.

5.2.   This signature shall not prejudice the rights or any defence which the master may make to the alleged infringement. If the master refuses to sign this document, he or she shall specify the reasons for doing so in writing and the inspector shall write ‘refusal to sign’ on it.

5.3.   If the infringement is considered serious according to Mozambican law, the master shall take the vessel to the port indicated by the Mozambican authorities.

6.   Statements

6.1.   After the notice and the statement of boarding have been drawn up, the competent bodies shall designate an investigating officer who shall notify the alleged offender, the European Commission and the flag State’s representative to allow them to make statements or provide evidence in their favour at a date and time indicated by them.

7.   Settlement

7.1.   The launch of a fishery infringement procedure shall be decided over a maximum period of 35 days as of the date in which the relevant investigating officer is designated. Whenever the complexity of the fishery infringement procedure so requires, the deadline specified in the above point may be prorogated by one period of 30 working days.

8.   Transhipment

8.1.   All Community vessels wishing to tranship catches in Mozambique’s ports or port areas shall provide the competent Mozambican authorities with at least 24 hour’s notice and await their prior authorisation.

8.2.   For the purposes of assessing the transhipment request, the shipowners of these vessels shall indicate the following:

—	the port of transhipment,

—	the place where the operation shall take place, the date and time of transhipment,

—	the name of the fishing vessel or of other vessel involved in transhipment,

—	the tonnage by species to be transhipped.

8.3.   Transhipment shall be considered as an exit from Mozambique. The vessels shall submit their catch declarations to the Mozambican competent authorities and state whether they intend to continue fishing or leave Mozambique’s fishing zone.

8.4.   Any transhipment of catches not covered above shall be prohibited in Mozambique’s fishing zone. Any person infringing this provision shall be liable to the penalties provided for by the Mozambican legislation in force.

8.5.   The masters of Community vessels engaged in landing and transhipment operations in a Mozambican port shall allow and facilitate the inspection of such operations by Mozambican inspectors. Once the inspection and control in port have been completed, an inspection report shall be issued and a copy thereof given to the master of the vessel.