title: 2012/584/EU: Decision of the European Parliament of 10 May 2012 on discharge in respect of the implementation of the budget of the European Railway Agency for the financial year 2010#Resolution of the European Parliament of 10 May 2012 with observations forming an integral part of its Decision on discharge in respect of the implementation of the budget of the European Railway Agency for the financial year 2010

text:
               17.10.2012

               EN

               Official Journal of the European Union

               L 286/229

         DECISION OF THE EUROPEAN PARLIAMENT
   of 10 May 2012
   on discharge in respect of the implementation of the budget of the European Railway Agency for the financial year 2010
   (2012/584/EU)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the European Railway Agency for the financial year 2010,

               —

               having regard to the Court of Auditors’ report on the annual accounts of the European Railway Agency for the financial year 2010, together with the Agency’s replies (1),

               —

               having regard to the Council’s recommendation of 21 February 2012 (06083/2012 – C7-0051/2012),

               —

               having regard to Article 319 of the Treaty on the Functioning of the European Union,

               —

               having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (2), and in particular Article 185 thereof,

               —

               having regard to Regulation (EC) No 881/2004 of the European Parliament and of the Council of 29 April 2004 establishing a European Railway Agency (3), and in particular Article 39 thereof,

               —

               having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (4), and in particular Article 94 thereof,

               —

               having regard to Rule 77 of, and Annex VI to, its Rules of Procedure,

               —

               having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Transport and Tourism (A7-0118/2012),

               1.

               Grants the Executive Director of the European Railway Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2010;

               2.

               Sets out its observations in the resolution below;

               3.

               Instructs its President to forward this Decision and the resolution that forms an integral part of it to the Executive Director of the European Railway Agency, the Council, the Commission and the Court of Auditors, and to arrange for their publication in the Official Journal of the European Union (L series).

            The President

         Martin SCHULZ

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 366, 15.12.2011, p. 100.

      (2)  OJ L 248, 16.9.2002, p. 1.

      (3)  OJ L 164, 30.4.2004, p. 1.

      (4)  OJ L 357, 31.12.2002, p. 72.

      RESOLUTION OF THE EUROPEAN PARLIAMENT
      of 10 May 2012
      with observations forming an integral part of its Decision on discharge in respect of the implementation of the budget of the European Railway Agency for the financial year 2010
      THE EUROPEAN PARLIAMENT,

                  —

                  having regard to the final annual accounts of the European Railway Agency for the financial year 2010,

                  —

                  having regard to the Court of Auditors’ report on the annual accounts of the European Railway Agency for the financial year 2010, together with the Agency’s replies (1),

                  —

                  having regard to the Council’s recommendation of 21 February 2012 (06083/2012 – C7-0051/2012),

                  —

                  having regard to Article 319 of the Treaty on the Functioning of the European Union,

                  —

                  having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (2), and in particular Article 185 thereof,

                  —

                  having regard to Regulation (EC) No 881/2004 of the European Parliament and of the Council of 29 April 2004 establishing a European Railway Agency (3), and in particular Article 39 thereof,

                  —

                  having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (4), and in particular Article 94 thereof,

                  —

                  having regard to Rule 77 of, and Annex VI to, its Rules of Procedure,

                  —

                  having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Transport and Tourism (A7-0118/2012),

                  A.

                  whereas the Court of Auditors stated that it has obtained reasonable assurances that the annual accounts for the financial year 2010 are reliable and that the underlying transactions are legal and regular,

                  B.

                  whereas on 10 May 2011 Parliament granted the Executive Director of the European Railway Agency discharge for implementation of the Agency’s budget for the financial year 2009 (5), and in its resolution accompanying the discharge, inter alia:

                              —

                              called on the Agency to address the problem of appropriations being carried forward from one year to the next. The carry-over of 41 % of Title II represents a serious breach of the budgetary principle of annuality,

                              —

                              noted that the Court of Auditors highlighted cancellations and delays in procurement procedures, recurrent delays in the execution of payments and significant changes made to the work programme during the year,

                              —

                              urged the Agency to create a consolidated recruitment procedure to be used as a manual for all staff involved in new recruitment,

                  C.

                  whereas the overall budget for the Agency for the year 2010 was EUR 24 147 240, which is an increase of 14,9 % compared to 2009; whereas the initial contribution of the European Union to the budget of the Agency for 2010 was EUR 23 260 000 compared to EUR 16 060 000 in 2009, which represents an increase of 44,83 %,

         Budget and financial management

                  1.

                  Recalls that the initial Union contribution to the Agency for 2010 amounted to EUR 23 260 000; notes however that EUR 214 000, coming from the recovery of surplus, was added to it which, as a result, makes a total Union contribution of EUR 23 474 000 for 2010;

                  2.

                  Notes from the Agency’s Annual Activity Report (AAR) that 99 % of appropriations were committed and 77 % have been used for payments; notes in particular that:

                              —

                              under Title I, the total committed appropriations amounted to EUR 14 507 149 from which 99 % has been used for payment execution while 77 % of the appropriations carried over to 2010 has been used for payment execution,

                              —

                              under Title II, nearly 100 % of the appropriations have been committed and 62 % has been used for payment execution while 92 % of the appropriations carried over to 2010 have been used for payment execution,

                              —

                              under Title III, nearly 100 % of the appropriations have been committed from which 62 % has been consumed with payments while 95 % of the appropriations carried over to 2010 have been used for payment execution,

                        appreciates the fact that the Agency provides information on the use of the appropriations carried forward from 2009 to 2010;

                  3.

                  Takes the view that it is extremely important to optimise the use of budgetary resources at a time of financial crisis and urges the Commission and the Agency to analyse and establish the real budgetary requirements in order for the Agency to be able to carry out all the tasks assigned to it;

         Transfers

                  4.

                  Acknowledges from the Agency’s Report on Budgetary and Financial Management Information (RBFMI) that in December 2009 the Agency realised that Chapter 11 (staff expenditure) was not correctly forecasted for the 2010 budget since Title I was underestimated by approximately EUR 1 500 000; understands from the Agency that the situation was due to:

                              —

                              a systemic miscalculation of the forecasts for the staff expenditure, since the calculation of the forecasts was based on the 2007 basic salaries grid, three annual indexations were therefore missing,

                              —

                              the increase in the number of contract agents resulting from the cut in the new permanent posts requested by the Agency;

                  5.

                  Takes note of the Agency’s decision to transfer an amount of EUR 500 000 from Title II to Title I and to transfer an amount of EUR 500 000 from Title III to Title I; notes from the Agency that the decision has been approved by the Administrative Board and the Commission;

                  6.

                  Notes moreover that to cover the remaining gap the Agency implemented complementary measures to reduce expenditure under Title I; notes from the Agency that these measures allowed for an extra saving of less than EUR 300 000; takes note that this amount has been transferred back to Title II;

                  7.

                  Regrets that the errors in budgetary forecasts resulted in the cancellation or delay of certain investments; urges the Agency to inform immediately the discharge authority of the measures implemented in order to allow for better expenditure forecasts;

                  8.

                  Is concerned that the situation was not reported by the Court of Auditors in its report on the annual accounts of the Agency for the financial year 2010; calls on the Court of Auditors to explain this omission to the discharge authority;

         Carry-over of appropriations

                  9.

                  Acknowledges from the Court of Auditors that the appropriations carried forward to 2011 amounted to EUR 5 500 000, of which EUR 4 300 000 (78 %) are related to goods and services that were to be provided in 2011;

                  10.

                  Recalls that the Agency already carried over a substantial amount of appropriations in the financial years 2008 and 2009 to the financial year 2010; considers that these serious breaches of the budgetary principle of annuality can no longer be accepted in the future and that discharge should be refused on the next occasion, in the event that there is a further breach of that budgetary principle; calls on the Agency to take the measures required to remedy the situation without delay;

                  11.

                  Is of the opinion that the Agency did not adequately address the problem of appropriations being carried forward from one year to the next; recalls the importance of the budgetary principle of annuality; calls on the Agency to inform the discharge authority about actions taken to improve the annual budget implementation and to decrease the carry-overs of budget appropriations;

                  12.

                  Notes nevertheless the Agency’s reply which argues that it is analysing the possibility to conclude framework contracts for studies much sooner after the adoption of the budget; notes also that the Agency committed, for the years 2011 and 2012, to review its budget forecasts to better align them to its real needs and to optimise the use of its budgetary resources;

                  13.

                  Calls on the Agency to inform the discharge authority when the report to be attached to each year’s budget on the unspent appropriations carried over from previous years, will be ready; reminds the Agency that this request was already made during the previous discharge procedure;

         Public procurement

                  14.

                  Notes that in the Annual Work Programme (AWP) the Agency, in order to facilitate annual procurement planning, will introduce ABAC Contract to support the decentralised contract management;

                  15.

                  Observes from the Agency’s AAR that 21 procurement procedures (negotiated and opened) were launched in 2010 and 12 were completed in 2010;

         Accounting system

                  16.

                  Observes from the Agency’s AAR that the Agency updated its Manual for Financial procedures in line with the modules of ABAC Workflow and ABAC assets;

                  17.

                  Welcomes the Agency’s implementation, as of 1 September 2010, of a centralised system for registration of incoming invoices; stresses that this measure is necessary to ensure the timely recording of all invoices and contributes to avoiding delays in processing payments;

         Human resources

                  18.

                  Notes from the Agency’s RBFMI that on 31 December 2010 the Agency employed 133 temporary agents (TAs) and 9 contract agents (CAs); takes also note that recruitment procedures are still ongoing in order to reach the 139 TAs foreseen in the 2010 establishment plan and subsequently the 144 TAs foreseen in 2011;

                  19.

                  Notes from the RBFMI that the Agency included 6 seconded national experts in 2010;

                  20.

                  Acknowledges from the Agency that it has developed a consolidated manual on different rules, instructions and guidelines governing staff recruitment; stresses that it is important to process and manage individual recruitment without compromising the principle of equal treatment of candidates;

         Performance

         AWP and strategic planning

                  21.

                  Calls on the Agency to include in its AWP clearer information on the global budgetary envelope reserved for procurements and the indicative number and types of contracts envisaged; notes in fact that Article 60(3) of the Agency’s Financial Regulation requires so when stating that ‘the work programme of the Agency shall be equivalent to a financing decision for the activities it covers, provided that they are clearly identified and the underlying criteria are spelled out precisely’;

                  22.

                  Urges moreover the Agency to create a Multi-Annual Plan translating long-term objectives into multi-annual tasks and associated Key Performance Indicators; underlines that this would better provide stakeholders with information on the objectives/activities, strategic priorities and resource allocation;

                  23.

                  Notes from the AAR that the Agency’s business planning and budget structure was reviewed in 2010 with a view to introducing activity based planning from 2012;

         Two locations

                  24.

                  Considers that using two locations (Lille and Valenciennes) for carrying out its activities exposes the Agency to additional costs; notes, also, that this observation has been made since 2006 and that no action has been taken by the Council to change the Decision 2004/97/EC, Euratom (6) obliging the Agency to have a double seat;

         Internal audit

                  25.

                  Acknowledges from the Agency that the Internal Audit Service (IAS) carried out an audit on the planning and budgeting processes in 2010 in order to provide reasonable assurance on the internal control system of the Agency as regards its planning and budgeting processes; notes that the IAS recommendations concern the strategic planning, the coherence and accuracy of the draft estimate revenue and expenditure, the AWP as financing decision and mid-term IT strategy; calls therefore on the Agency to implement the necessary measures to fulfil these IAS recommendations;

                  26.

                  Calls on the Agency to implement the IAS recommendations related to the audit on Human Resources (HR) management undertaken by the IAS in 2009; notes that the implementation of three of these recommendations (on HR management in annual planning, on compliance with rules and principles of transparency in staff appraisal, on the disclosure of an exception to the staff regulation) have experienced a delay of 6-12 months; calls on the Agency to inform the discharge authority about the progress of implementation of these IAS recommendations;

                  27.

                  Welcomes the Agency’s initiative of having set up at the end of 2007 an Internal Audit Capability that is dedicated to providing support and advice to its Executive Director and management on internal control, risk assessment and internal audit;

                  28.

                  Draws attention to its recommendations from previous discharge reports, as set out in the Annex to this resolution;

                  29.

                  Draws the Agency’s attention to the Resolution of the European Parliament of 10 May 2011 on the 2009 discharge: performance, financial management and control of EU agencies (7); calls on the Agency to comply with it;

                  30.

                  Refers, in respect of the other observations accompanying its Decision on discharge, which are of a horizontal nature, to its resolution of 10 May 2012 (8) on the performance, financial management and control of the agencies.

         (1)  OJ C 366, 15.12.2011, p. 100.

         (2)  OJ L 248, 16.9.2002, p. 1.

         (3)  OJ L 164, 30.4.2004, p. 1.

         (4)  OJ L 357, 31.12.2002, p. 72.

         (5)  OJ L 250, 27.9.2011, p. 191.

         (6)  Decision 2004/97/EC, Euratom taken by common agreement between the Representatives of the Member States, meeting at Head of State or Government level, of 13 December 2003, on the location of the seats of certain offices and agencies of the European Union (OJ L 29, 3.2.2004, p. 15). See Article 1(f) thereof.

         (7)  OJ L 250, 27.9.2011, p. 269.

         (8)  Texts adopted, P7_TA(2012)0164 (see page 388 of this Official Journal).

      ANNEX

         EUROPEAN PARLIAMENT RECOMMENDATIONS OVER PAST YEARS

                  European Railway Agency

                  2006

                  2007

                  2008

                  2009

                  Performance

                  The Agency carries out its operations in two locations, exposing it to additional costs: the Agency has not yet found ways of offsetting the costs resulting from its obligation to be located in two cities

                              —

                              The principle of sound financial management was not rigorously fulfilled: the Agency’s cash forecast had not been prepared properly

                              —

                              The Agency carries out its operations in two locations, exposing it to additional costs (direct posts: EUR 450 000)

                              —

                              Calls on the Agency to set out a diachronic analysis of operations carried out in this and the previous years

                              —

                              Calls on the Agency to set SMART objectives and RACER indicators, as well as to make a Gannt diagram → promoting a result-oriented approach

                              —

                              Inefficiency led by having two locations for one Agency

                              —

                              The Agency carries out its operations in two locations, exposing it to additional costs

                              —

                              Using two locations exposes the Agency to additions costs

                              —

                              Calls on the Agency to set out a comparison of the operations that were carried out during the year for which discharge is to be granted and during the previous financial year

                  Carry-over of appropriations

                  The budgetary principle of annuality was not strictly observed: the Agency implemented 72 % of its commitment appropriations. The levels of carry-over for administrative expenditure and operating expenditure were 37,5 % and 85 % respectively

                              —

                              The Agency had difficulties in the programming and the budgeting of its activities: more than 35 % of the final 2007 appropriations had not been used during the year

                              —

                              Calls on the Agency to strive to increase the level of budget implementation

                  The Agency had difficulties in the programming and the budgeting of its activities

                              —

                              Agency failed to address the problem of appropriations being carried forward from one year to the next. The carry-over of 41 % of Title II represents a serious breach of the budgetary principle of annuality

                              —

                              Requests that a report be attached to each years budget on the unspent appropriations carried over from previous years

                              —

                              Court of Auditors highlighted cancellations and delays in procurement procedures, recurrent delays in the execution of payments and significant changes made to the work programme during the year

                  Procurement procedures

                  The Agency must launch procurement procedures for those areas currently covered by contracts which had not been the subject of regular procedure

                              —

                              Transparency issues at the level of selection criteria and at the level of award criteria: the use of a negotiated procedure was not justified

                              —

                              Recalls on improving procurement management

                  Transparency issues at the level of selection criteria and at the level of award criteria

                  n.a.

                  Human resources

                  n.a.

                  n.a.

                  n.a.

                              —

                              Calls on the Agency to better reflect in its work programme and Annual Activity Report the planned allocation of staff resources

                              —

                              Expresses concern about the failure to follow Staff Regulations and their implementing rules retroactively

                              —

                              Urges the Agency to create consolidated recruitment procedure to be used as a manual for all staff involved in new recruitment

                  Internal audit

                  The internal control system showed weaknesses: the Agency did not adopt implementing rules for its financial regulations

                  The Agency does not strictly follow the Staff Regulations

                  Calls on the Agency to take steps to fulfil four out of 36 recommendations made by the Internal Audit Service → i.e. to implement certain internal control standards to bank signatures, segregation of duties, sensitive posts and maintenance of delegation powers

                  Acknowledges that six out of 10 recommendations made by the IAS on human resources management still need to be implemented


title: 2010/783/EU: Council Decision of 29 November 2010 on the signing, on behalf of the European Union, and on the provisional application of the Protocol setting out the fishing opportunities and financial contribution provided for in the Partnership Agreement in the fisheries sector between the European Community and the Union of the Comoros#Protocol setting out the fishing opportunities and financial contribution provided for in the Partnership Agreement in the fisheries sector between the European Community and the Union of the Comoros

text:
                  18.12.2010

                  EN

                  Official Journal of the European Union

                  L 335/1

         COUNCIL DECISION
         of 29 November 2010
         on the signing, on behalf of the European Union, and on the provisional application of the Protocol setting out the fishing opportunities and financial contribution provided for in the Partnership Agreement in the fisheries sector between the European Community and the Union of the Comoros
         (2010/783/EU)
         THE COUNCIL OF THE EUROPEAN UNION,
         Having regard to the Treaty on the Functioning of the European Union, and in particular Article 43 in conjunction with Article 218(5) thereof,
         Having regard to the proposal from the European Commission,
         Whereas:

                     (1)

                     On 5 October 2006, the Council adopted Regulation (EC) No 1563/2006 concerning the conclusion of the Partnership Agreement in the fisheries sector between the European Community and the Union of the Comoros (1).

                     (2)

                     The Protocol annexed to the said Agreement is to expire on 31 December 2010.

                     (3)

                     The European Union negotiated with the Union of the Comoros (hereinafter ‘the Comoros’) a new Protocol, providing EU vessels with fishing opportunities in the waters over which the Comoros has sovereignty or jurisdiction in respect of fisheries. In order for EU vessels to pursue fishing activities, Article 13 of the new Protocol provides that that Protocol will apply provisionally.

                     (4)

                     Following negotiations, the new Protocol was initialled on 21 May 2010 and was amended by an Exchange of Letters on 16 September 2010.

                     (5)

                     The new Protocol should be signed and applied provisionally, pending the completion of the procedures for its conclusion,

               HAS ADOPTED THIS DECISION:

            Article 1
            The signing of the Protocol setting out the fishing opportunities and financial contribution provided for in the Partnership Agreement in the fisheries sector between the European Community and the Union of the Comoros is hereby approved on behalf of the European Union, subject to the conclusion of the said Protocol.
            The text of the Protocol is attached to this Decision.

            Article 2
            The President of the Council is hereby authorised to designate the person(s) empowered to sign the Protocol on behalf of the European Union, subject to its conclusion.

            Article 3
            The Protocol shall be applied on a provisional basis in accordance with Article 13 thereof, pending the completion of the procedures for its conclusion.

            Article 4
            This Decision shall enter into force on the day of its adoption.

            Done at Brussels, 29 November 2010.

                  For the Council

                  The President

               K. PEETERS

            (1)  OJ L 290, 20.10.2006, p. 6.

            PROTOCOL
            setting out the fishing opportunities and financial contribution provided for in the Partnership Agreement in the fisheries sector between the European Community and the Union of the Comoros

               Article 1
               Period of application and fishing opportunities

                  1.   For a period of 3 years, the fishing opportunities granted to European Union vessels under Article 5 of the Fisheries Partnership Agreement shall be as follows:

                              —

                              tuna seiners: 45 vessels,

                              —

                              surface longliners: 25 vessels,

                  2.   Paragraph 1 shall apply subject to the provisions of Articles 5, 6, 8 and 9 of this Protocol.

               Article 2
               Financial contribution – Methods of payment

                  1.   For the period referred to in Article 1, the financial contribution referred to in Article 7 of the Fisheries Partnership Agreement shall be EUR 1 845 750.

                  2.   The financial contribution shall comprise:

                              (a)

                              an annual amount for access to the EEZ of the Comoros of EUR 315 250, equivalent to a reference tonnage of 4 850 tonnes per year, and

                              (b)

                              a specific amount of EUR 300 000 per year for the support in the implementation of the sectoral fisheries policy of the Comoros.

                  3.   Paragraph 1 shall apply subject to the provisions of Articles 3, 4, 5 and 6 of this Protocol and Articles 12 and 13 of the Agreement.

                  4.   The European Union shall pay the financial contribution referred to in paragraph 1 at the rate of EUR 615 250 per year during the period of application of this Protocol, corresponding to the total of the annual amounts referred to in paragraph 2(a) and (b).

                  5.   If the overall quantity of catches by European Union vessels in Comorian waters exceeds 4 850 tonnes per year, the total amount of the annual financial contribution shall be increased by EUR 65 for each additional tonne caught. However, the total annual amount paid by the European Union shall not be more than twice the amount indicated in paragraph 2(a) (EUR 630 500). Where the quantities caught by European Union vessels exceed the quantities corresponding to twice the total annual amount, the amount due for the quantity exceeding that limit shall be paid the following year.

                  6.   Payment shall be made no later than 30 days after the entry into force of the Protocol for the first year and no later than the anniversary date of this Protocol for the following years.

                  7.   The Comorian authorities shall have full discretion regarding the use to which the financial contribution referred to in paragraph 2(a) is put.

                  8.   All of the financial contribution indicated in Article 2(2) of this Protocol shall be paid into a Public Treasury account opened with the Comoros Central Bank.

                  9.   From this single account, the amount corresponding to the financial contribution referred to in Article 2(b) shall be transferred to the account TR 5006 opened with the Central Bank by the Ministry responsible for fisheries.

               Article 3
               Promotion of responsible and sustainable fishing in Comorian waters

                  1.   No later than 3 months after the entry into force of this Protocol, the Parties shall agree, within the Joint Committee provided for in Article 9 of the Fisheries Partnership Agreement, on a Multiannual Sectoral Programme and detailed implementing rules, in particular:

                              —

                              annual and multiannual guidelines for using the financial contribution referred to in Article 2(2)(b),

                              —

                              the objectives, both annual and multiannual, to be achieved with a view to introducing, over time, responsible and sustainable fishing, taking account of the priorities expressed by the Comoros in its national fisheries policy and other policies relating to or having an impact on the introduction of responsible and sustainable fishing;

                              —

                              criteria and procedures for evaluating the results obtained each year,

                  2.   Any proposed amendments to the Multiannual Sectoral Programme must be approved by the Parties within the Joint Committee.

                  3.   Each year, the Comoros shall decide on the allocation, if necessary, of an additional amount to the part of the financial contribution referred to in Article 2(2)(b) with a view to implementing the Multiannual Programme. This allocation must be communicated to the European Union.

                  4.   Where the annual evaluation of the progress made in implementing the Multiannual Sectoral Programme so warrants, the European Commission shall reserve the right, after consulting the two Parties within the Joint Committee, to reduce the part of the financial contribution referred to in Article 2(2)(b) of the Protocol with a view to adjusting the amount allocated to implementation of the Programme in line with the results.

               Article 4
               Scientific cooperation on responsible fishing

                  1.   The two Parties hereby undertake to promote responsible fishing in Comorian waters based on the principle of non-discrimination between the different fleets operating in those waters.

                  2.   During the period covered by this Protocol, the European Union and the Union of the Comoros shall endeavour to monitor the state of fishery resources in the Comorian fishing zone.

                  3.   The two Parties shall respect the recommendations and resolutions of the Indian Ocean Tuna Commission (IOTC) and undertake to promote cooperation at subregional level on the responsible management of fisheries.

                  4.   In accordance with Article 4 of the Agreement, based on the recommendations and resolutions adopted within the IOTC and the best available scientific advice, the Parties shall consult each other within the Joint Committee provided for in Article 9 of the Agreement and, where necessary after a scientific meeting and by mutual agreement, take measures to ensure the sustainable management of fisheries resources concerning the activities of European Union vessels.

               Article 5
               Adjustment of fishing opportunities by mutual agreement
               The fishing opportunities referred to in Article 1 may be adjusted by mutual agreement insofar as the recommendations and resolutions adopted by the IOTC confirm that this adjustment guarantees the sustainable management of the Comorian fisheries resources. In this case the financial contribution referred to in Article 2(2)(a) shall be adjusted proportionately and pro rata temporis. However, the total annual amount of the financial contribution paid by the European Union shall not be more than twice the amount referred to in Article 2(2)(a).

               Article 6
               New fishing opportunities

                  1.   Should European Union vessels be interested in fishing activities which are not indicated in Article 1, the Parties shall consult each other before any authorisation is granted by the Comorian authorities. Where appropriate, the Parties shall agree on the conditions applicable to these new fishing opportunities and, if necessary, make amendments to this Protocol and to the Annex hereto.

                  2.   The Parties shall encourage experimental fishing. To this end and on request of one of the two Parties, the latter shall consult and determine, on a case-by-case basis, the species, conditions and any other relevant parameters.

                  3.   The Parties shall carry out experimental fishing in accordance with the Comorian legislation in force and according to the agreed administrative and scientific provisions, if applicable. The authorisations for experimental fishing shall be granted for periods of a maximum of 6 months.

                  4.   Where the Parties consider that the experimental fishing trips have produced positive results, the Comorian authorities, in a meeting of the Joint Committee provided for in Article 9 of the Agreement, may allocate fishing opportunities for new species to the fleet of the European Union until the expiry of this Protocol. The financial contribution referred to in Article 2(2)(a) of this Protocol shall consequently be increased.

               Article 7
               Conditions governing fishing activities – Exclusivity clause

                  1.   Without prejudice to Article 6 of the Agreement, the fishing vessels flying the flag of a Member State of the European Union may fish in Comorian waters only if they are in possession of a fishing authorisation issued under this Protocol in accordance with the Annex hereto.

                  2.   For the categories of fishing which are not covered by this Protocol and for experimental fishing, the Comorian authorities may grant fishing authorisations to European Union vessels. However, the granting of these authorisations is governed by the legislation and regulations of the Union of the Comoros with the agreement of the two Parties.

               Article 8
               Suspension and review of the payment of the financial contribution

                  1.   The financial contribution as referred to in Article 2(2)(a) and (b) may be revised or suspended after consultation within the Joint Committee if:

                              (a)

                              unusual circumstances, other than natural phenomena, prevent fishing activities in the Comorian EEZ;

                              (b)

                              following significant changes in the policy guidelines which led to the conclusion of this Protocol, one of the two Parties requests a review of the provisions with a view to a possible amendment thereof;

                              (c)

                              the European Union notes that there has been a violation in the Comoros of the essential and fundamental elements of human rights as provided for in Article 9 of the Cotonou Agreement.

                  2.   The European Union reserves the right to suspend, partially or totally, the payment of the specific financial contribution provided for in Article 2(2)(b) of this Protocol:

                              (a)

                              If the results obtained are inconsistent with the programming, following an evaluation carried out by the Joint Committee;

                              (b)

                              In the event of non-payment of this financial contribution.

                  3.   Payment of the financial contribution shall resume after consultation and agreement of the two Parties as soon as the situation prior to the events mentioned in paragraph 1 has been re-established, and/or if the results of the financial implementation referred to in paragraph 2 so warrant.

               Article 9
               Suspension of the implementation of the Protocol

                  1.   The implementation of this Protocol may be suspended at the initiative of one of the two Parties after consultation within the Joint Committee if:

                              (a)

                              unusual circumstances, other than natural phenomena, prevent fishing activities in the Comorian EEZ;

                              (b)

                              in the event of significant changes in the policy guidelines which led to the conclusion of this Protocol, one of the two Parties requests a review of the provisions with a view to a possible amendment thereof;

                              (c)

                              the European Union notes that there has been a violation in the Comoros of the essential and fundamental elements of human rights as provided for in Article 9 of the Cotonou Agreement;

                              (d)

                              there is a non-payment of the financial contribution provided for in Article 2(2)(a) by the European Union, for reasons other than those provided for in Article 8 of this Protocol;

                              (e)

                              there is a dispute between the two Parties concerning the interpretation of this Protocol;

                              (f)

                              one of the two Parties does not comply with the provisions of this Protocol.

                  2.   The implementation of the Protocol may be suspended at the initiative of one Party if the dispute between the Parties is deemed to be serious and if the consultations held within the Joint Committee have not resulted in an amicable settlement.

                  3.   Suspension of the application of the Protocol shall require the interested Party to notify its intention in writing at least 3 months before the date on which suspension is due to take effect.

                  4.   In the event of suspension, the Parties shall continue to consult with a view to finding an amicable settlement to their dispute. Where such settlement is reached, application of the Protocol shall resume and the amount of the financial contribution shall be reduced proportionately and pro rata temporis according to the period during which application of the Protocol was suspended.

               Article 10
               National law

                  1.   The activities of European Union fishing vessels operating in Comorian waters shall be governed by the law applicable in the Comoros, unless otherwise provided for in the Fisheries Partnership Agreement, this Protocol and the Annex and Appendices hereto.

                  2.   The Comorian authorities shall inform the European Commission of any change or any new legislation relating to the fishing sector.

               Article 11
               Duration
               This Protocol and the Annex hereto shall apply for a period of 3 years from the provisional application in accordance with Article 13, unless notice of termination is given in accordance with Article 12.

               Article 12
               Termination

                  1.   In the event of termination of this Protocol, the Party concerned shall notify the other Party in writing of its intention to terminate it at least 6 months before the date on which such termination would take effect.

                  2.   Dispatch of the notification as referred to in the previous paragraph shall open consultations between the Parties.

               Article 13
               Provisional application
               This Protocol and the Annex hereto shall be provisionally applied from the date of signing.

               Article 14
               Entry into force
               This Protocol and the Annex hereto shall enter into force on the date on which the Parties notify each other of the completion of the procedures necessary for that purpose.

               ANNEX

                  Conditions for the pursuit of fishing activities by European Union vessels in Comorian waters

               CHAPTER 1

                  APPLICATION AND ISSUE FORMALITIES FOR FISHING AUTHORISATIONS

                  SECTION 1

                  Issue of fishing authorisations

                           1.

                           Only eligible European Union vessels may obtain an authorisation to fish in Comorian waters.

                           2.

                           For a vessel to be eligible, neither the owner, the master nor the vessel itself must be prohibited from fishing in the Comoros. They must be in order vis-à-vis the Comorian authorities insofar as they must have fulfilled all prior obligations arising from their fishing activities in the Comoros under fisheries agreements concluded with the European Union. Furthermore, they must comply with the provisions of Regulation (EC) No 1006/2008 on fishing authorisations.

                           3.

                           Any European Union vessel applying for a fishing authorisation must be represented by an agent resident in the Comoros. The name and address of that agent shall be stated in the fishing authorisation application.

                           4.

                           The competent European Union authorities shall present to the competent Comorian authorities an application for each vessel wishing to fish under the Agreement at least 20 days before the date of commencement of the period of validity requested.

                           5.

                           Applications shall be submitted to the competent Comorian authorities on a form drawn up in accordance with the specimen in Appendix 1.

                           6.

                           All fishing authorisation applications shall be accompanied by the following documents:

                                       —

                                       proof of payment of the fee for the period of validity of the authorisation,

                                       —

                                       any other documents or certificates required under the specific rules applicable to the type of vessel concerned pursuant to this Protocol,

                           7.

                           The fee shall be paid into the account specified by the Comorian authorities.

                           8.

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

                           9.

                           Fishing authorisations for all vessels shall be issued to shipowners or their agents via the Delegation of the European Union in Mauritius within 15 days of receipt of all the documents referred to in point 6 above by the competent Comorian authorities.

                           10.

                           If a fishing authorisation is signed at a time when the European Union Delegation offices are closed, it shall be sent directly to the vessel’s agent and a copy shall be sent to the Delegation.

                           11.

                           Fishing authorisations shall be issued for a given vessel and shall not be transferable.

                           12.

                           However, at the request of the European Union and where force majeure is proven, a vessel’s fishing authorisation shall be replaced by a new fishing authorisation for another vessel with similar characteristics to those of the first vessel, with no further fee due.

                           13.

                           The owner of the first vessel, or the agent, shall return the cancelled fishing authorisation to the competent Comorian authorities via the Delegation of the European Union.

                           14.

                           The new fishing authorisation shall take effect on the day that the vessel’s owner returns the cancelled fishing authorisation to the competent Comorian authorities. The Delegation of the European Union in Mauritius shall be informed of the transfer of the fishing authorisation.

                           15.

                           The fishing authorisation must be kept on board at all times, without prejudice to point 1 of Chapter VI of this Annex.

                  SECTION 2

                  Fishing authorisation conditions fees and advance payments

                           1.

                           Fishing authorisations shall be valid for a period of 1 year. They shall be renewable.

                           2.

                           The fee shall be set at EUR 35 per tonne caught within Comorian waters.

                           3.

                           Fishing authorisations shall be issued once the following standard amounts have been paid to the competent national authorities:

                                       —

                                       EUR 3 700 per year per tuna seiner, equivalent to the fees due for 106 tonnes of tuna caught per year,

                                       —

                                       EUR 2 200 per year per surface longliner, equivalent to the fees due for 63 tonnes of tuna caught per year.

                           4.

                           The final statement of the fees due for the fishing year shall be drawn up by the European Commission by 31 July of the following year 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 IRD (Institut de Recherche pour le Développement), the IEO (Instituto Español de Oceanografía) and the IPIMAR (Instituto de Investigação das Pescas e do Mar).

                           5.

                           The statement shall simultaneously be notified to the competent Comorian authorities and the shipowners.

                           6.

                           Any additional payments shall be made by the shipowners to the competent Comorian authorities by 30 August of the following year at the latest, into the account referred to 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.

                  SECTION 3

                  Support vessels

                           1.

                           Support vessels must be authorised in compliance with the provisions and conditions provided for in Comorian legislation.

                           2.

                           There must be no fee for authorisations issued to support vessels. The latter must fly the flag of a Member State of the European Union or be part of a European company.

                           3.

                           The competent Comorian authorities shall send the list of these authorisations to the Commission on a regular basis, via the Delegation of the EU in Mauritius.

                     CHAPTER II

                  FISHING ZONES

               To avoid adverse effects on small-scale fisheries in Comorian waters, European Union vessels shall not be allowed to fish within 10 nautical miles of any of the islands nor within a radius of three nautical miles of fish aggregating devices placed by the Comorian Ministry responsible for fisheries, the positions of which have been communicated to the representative of the European Union in Mauritius.
               These provisions may be reviewed by the Joint Committee referred to in Article 9 of the Agreement.
               CHAPTER III

                  MONITORING AND SURVEILLANCE

                  SECTION I

                  System for recording catches

                           1.

                           All vessels authorised to fish in Comorian waters under the Agreement shall be obliged to communicate their catches to the Comorian Ministry responsible for fisheries in the following manner:

                                       1.1.

                                       European vessels authorised to fish in Comorian waters must fill out an IOTC logbook on a daily basis for tuna fishing (Appendices 2 and 3) for each trip in Comorian waters. The logbook must still be filled in if there are no catches.

                                       1.2.

                                       Copies of the IOTC logbook for tuna fishing must also be sent to the scientific institutes indicated in point 4 of Section 2 of Chapter I.

                           2.

                           The words ‘Outside Comorian EEZ’ shall be entered in the logbook in respect of periods during which the vessel is not in Comorian waters.

                           3.

                           The forms shall be filled in legibly and signed by the master of the vessel.

                           4.

                           Where the provisions set out in this Chapter are not complied with, the Comorian Government shall reserve the right to suspend the fishing authorisation of the offending vessel until formalities have been completed and to apply the penalty laid down in the regulations in force in Comoros to the shipowner. The European Commission shall be informed thereof.

                           5.

                           Declarations shall include the catches made by the vessel during each trip. They shall be transmitted to the Comorian Ministry responsible for fisheries by electronic means, with a copy to the European Commission, at the end of each trip and, in all cases, before the vessel leaves Comorian waters. Electronic receipts shall be sent at once to the vessel by both addressees, with a copy to the other.

                           6.

                           The original of the declarations sent electronically during the annual period of validity of the licence within the meaning of point 1 of Section 2 of Chapter I of this Annex shall be transmitted on a physical medium to the Comorian Ministry responsible for fisheries within 45 days following the end of the last trip made during the said period. Hard copies shall be sent to the European Commission at the same time.

                           7.

                           The two Parties must make every effort to establish a system for reporting catches based exclusively on the electronic exchange of all the data: the two Parties shall thus plan the rapid replacement of the paper version of the catch reporting with an electronic version.

                           8.

                           Once the electronic catch reporting system has been set up and in the event of a technical fault in this system, the catch reports shall be done in accordance with paragraphs 5 and 6 above until the system is working again.

                  SECTION 2

                  Reporting of catches: entering and leaving Comorian waters

                           1.

                           For the purposes of this Annex, the duration of a trip by a European Union vessel shall be defined as follows:

                                       —

                                       the period elapsing between entering and leaving Comorian waters; or,

                                       —

                                       the period elapsing between entering Comorian waters and a transhipment; or,

                                       —

                                       the period elapsing between entering Comorian waters and a landing in the Comoros.

                           2.

                           European vessels shall notify the Comorian authorities responsible for fisheries inspection at least 3 hours in advance of their intention to enter or leave Comorian waters.

                           3.

                           When notifying entering/leaving, vessels shall also communicate their position and the volume and species in catches kept on board. This information should preferably be communicated using electronic means in accordance with the model in Appendix 4, or failing that, by fax with acknowledgments of receipt to the vessel. In the event of a technical fault, this information will be communicated by radio.

                           4.

                           Vessels found to be fishing without having informed the competent Comorian authorities shall be regarded as vessels without a fishing authorisation.

                           5.

                           The e-mail address, fax and telephone numbers and radio coordinates shall also be communicated when the fishing authorisation is issued.

                  SECTION 3

                  Transhipment and landings

                           1.

                           All European vessels wishing to tranship or land catches in Comorian waters shall do so within Comorian ports.

                                       1.1.

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

                                                   —

                                                   the names of the transhipping or landing fishing vessels,

                                                   —

                                                   the names of the cargo vessels,

                                                   —

                                                   the tonnage by species to be transhipped or landed,

                                                   —

                                                   the day of transhipment or landing,

                                                   —

                                                   the beneficiary of the catches landed.

                           2.

                           Transhipment and landing shall be considered as an exit from Comorian waters. Vessels must therefore submit their catch declarations to the competent Comorian authorities and state whether they intend to continue fishing or leave Comorian waters.

                           3.

                           Any transhipment or landing of catches not covered above shall be prohibited in Comorian waters. Any person infringing this provision shall be liable to the penalties provided for by the Comorian regulations in force.

                  SECTION 4

                  Satellite monitoring

               European vessels must be monitored, inter alia, by the satellite-based monitoring system, without discrimination, in accordance with the following provisions.

                           1.

                           For the purposes of satellite monitoring, the geographic positions of the limits of the Comorian fishing zone have been communicated to the representatives or agents of the shipowners as well as to the Control Centres of the flag States.

                           2.

                           The Parties shall exchange information on https addresses and the specifications for electronic data transmission between their Control Centres in accordance with points 4 to 6. Such information shall include the following where possible: names, telephone, telex and fax numbers, and e-mail addresses which may be used for general communications between Control Centres.

                           3.

                           The position of vessels shall be determined with a margin of error of less than 500 metres and a confidence interval of 99 %.

                           4.

                           When a vessel which is fishing under the Agreement between the European Union and the Comoros and which is the subject of satellite-based monitoring pursuant to European Union legislation enters the Comorian fishing zone, the subsequent position reports shall immediately be transmitted by the Control Centre of the flag State to the Comorian Fisheries Monitoring Centre (CNCSP) at intervals of no more than 2 hours. The messages concerned shall be identified as position reports.

                                       4.1.

                                       The transmissions may be changed to intervals of no more than 30 minutes if there is serious evidence that the vessel is in breach of the rules;

                                       4.2.

                                       This evidence must be submitted by the CNCSP to the Control Centre of the flag State as well as to the European Commission. The request to change the intervals for the transmissions must be attached. The Control Centre of the flag State must then send the data to the CNCSP of the Comoros, in real time, immediately after having received the request;

                                       4.3.

                                       The CNCSP of the Comoros shall then immediately notify the Control Centre of the flag State and the European Commission of the end of the inspection procedure;

                                       4.4.

                                       The Control Centre of the flag State and the European Commission must be informed about the follow-up to any inspection procedure which is based on this special request.

                           5.

                           The messages specified in point 4 shall be transmitted electronically in https format, without any further protocol. They shall be communicated in real time in the format set out in the table in Appendix 4.

                                       5.1.

                                       It is prohibited for vessels to turn off the satellite-monitoring equipment when they are operating in Comorian waters.

                           6.

                           Where the continuous satellite monitoring equipment installed on board a fishing vessel develops a technical fault or breaks down, the master of the vessel shall transmit the information specified in point 4 to the Control Centre of the flag State in good time. In such circumstances, it will be necessary to send a position report every 4 hours while the vessel is in Comorian waters.

                                       6.1.

                                       This global position report shall include the hourly positions as recorded by the master of that vessel during those 4 hours.

                                       6.2.

                                       The Control Centre of the flag State or the vessel itself must forward these messages to the CNCSP of the Comoros without delay.

                                       6.3.

                                       In case of need or doubt, the competent Comorian authorities may request additional information from the Control Centre of the flag State about a particular vessel.

                           7.

                           The defective equipment shall be repaired or replaced as soon as the vessel completes its fishing trip and, in any case, within one month at the latest. After this deadline, the vessel in question may not undertake any further fishing trips until the equipment has been repaired or replaced.

                           8.

                           The satellite-monitoring system software and hardware components must be tamper-proof i.e. they must not permit the input or output of false positions or be capable of being manipulated. The system must be fully automatic and operational at all times regardless of environmental conditions. Destroying, damaging, rendering inoperative or tampering with the satellite-monitoring system shall be prohibited.

                                       8.1.

                                       The master of the vessel must ensure in particular that:

                                                   —

                                                   data are not altered in any way,

                                                   —

                                                   the antenna or antennas connected to the satellite-monitoring equipment are not obstructed in any way,

                                                   —

                                                   the power supply of the satellite-monitoring equipment is not interrupted in any way,

                                                   —

                                                   the vessel tracking device is not removed from the vessel or from the place where it was originally installed,

                                                   —

                                                   any replacement of the vessel tracking device shall be immediately notified to the competent Comorian authorities.

                                       8.2.

                                       Any violation of the abovementioned obligations may make the master liable under the laws and regulations of the Comoros, provided that the vessel is operating in Comorian waters.

                           9.

                           The Control Centres of the flag States shall monitor the movements of their vessels in Comorian waters. If the vessels are not being monitored in accordance with the conditions laid down, the CNCSP shall be informed immediately and the procedure laid down in point 6 shall be applicable.

                           10.

                           The Control Centres of the flag States and the CNCSP of the Comoros must cooperate to ensure the implementation of these provisions. If the CNCSP establishes that a flag State is not transmitting the data in accordance with point 4, the other Party must be informed immediately. Upon receipt of notification, that other Party must respond within 24 hours by informing the CNCSP of the reasons for non-transmission and stating a reasonable deadline for complying with these provisions. In the event that these provisions are not complied with within the time-limit, the two Parties will resolve the dispute in writing or as provided for in point 14 below.

                           11.

                           The monitoring data communicated to the other Party in accordance with these provisions are intended solely for the purposes of the Comorian authorities in controlling and monitoring the European Union fleet fishing under the Fisheries Agreement between the EU and the Comoros. Such data may not under any circumstances be communicated to third parties.

                           12.

                           The Parties shall agree to exchange upon request information on the equipment used for satellite monitoring, in order to ensure that each piece of equipment is fully compatible with the requirements of the other Party for the purposes of these provisions.

                           13.

                           The Parties shall agree to review these provisions when appropriate, in particular in the event of a malfunction or anomaly relating to the vessels. These cases should be notified by the competent Comorian authority to the flag state at least 15 days before the review meeting.

                           14.

                           Any dispute over the interpretation or application of these provisions shall be the subject of consultation between the Parties within the Joint Committee provided for in Article 9 of the Agreement between the European Union and the Comoros.

                     CHAPTER IV

                  EMBARKING SEAMEN

                           1.

                           Each European Union vessel shall take on board, at its own expense, at least one qualified Comorian seaman during a season in Comorian waters.

                           2.

                           Shipowners shall endeavour to take on board additional ACP seamen.

                           3.

                           Shipowners shall be free to select the seamen they take on board their vessels from the names on a list submitted by the competent Comorian authorities.

                           4.

                           The shipowner or agent shall inform the competent Comorian authorities of the names of the local seamen taken on board the vessel concerned, mentioning their position in the crew.

                           5.

                           The International Labour Organisation (ILO) Declaration on Fundamental Principles and Rights at Work shall apply as of right to seamen signed on by European Union 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.

                           6.

                           Seamen’s employment contracts, a copy of which shall be given to the signatories, shall be drawn up between the shipowners’ agent(s) and the seamen and/or their trade unions or representatives in consultation with the competent Comorian authorities. These contracts shall guarantee the seamen the social security cover applicable to them, including life assurance and sickness and accident insurance.

                           7.

                           The wages of the ACP seamen shall be paid by the shipowners. They shall be fixed by mutual agreement between the shipowners or their agents and the seamen and/or their trade unions or representatives. However, the wage conditions granted to ACP seamen may not be lower than those applied to crews from their respective countries and may under no circumstances be below ILO standards.

                           8.

                           All seamen employed aboard European Union vessels must report to the master 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 that seaman on board.

                           9.

                           Where no local seamen are taken on board for reasons other than that referred to in the previous point, shipowners shall be obliged to pay, for each day of the fishing trip in Comorian waters, a flat-rate amount of EUR 20 per day and per vessel. The payment of this amount shall take place at the latest within the limits laid down in point 6 of Section 2 of Chapter I of this Annex.

                           10.

                           This sum shall be used for training local seamen and shall be paid into the account specified by the Comorian authorities.

                     CHAPTER V

                  OBSERVERS

                           1.

                           Vessels authorised to fish in Comorian waters under the Agreement shall take on board observers appointed by the Comorian authorities responsible for fisheries on the terms set out below.

                                       1.1.

                                       At the request of the Comorian Ministry responsible for fisheries, tuna vessels shall take on board an observer designated by the former to check catches made in Comorian waters.

                                       1.2.

                                       The competent Comorian 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 3 months thereafter where they have been updated.

                                       1.3.

                                       The competent Comorian authorities shall inform the shipowners concerned, or their agents, 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 the observer shall be one fishing trip. However, at the express request of the competent Comorian 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 Comorian authorities when the name of the observer appointed to board the vessel in question is notified.

                           3.

                           The conditions under which the observer is taken on board shall be agreed between the shipowner or agent and the Comorian authorities.

                           4.

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

                           5.

                           Within 2 weeks and giving 10 days’ notice, the shipowners concerned shall make known at which Comorian ports and on what dates they intend to take observers on board.

                           6.

                           Where the observer is taken on board in a foreign country, his travel costs shall be borne by the shipowner. Should a vessel with a Comorian observer on board leave Comorian waters, all measures must be taken to ensure the observer’s return to the Comoros as soon as possible at the expense of the shipowner.

                           7.

                           If the observer is not present at the time and place agreed or within the 12 hours following the time agreed, the shipowner shall be automatically absolved of his obligation to take the observer on board.

                           8.

                           The observer shall be treated as an officer. 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.

                                       note the fishing gear used;

                                       8.4.

                                       verify the catch data for Comorian waters recorded in the logbook;

                                       8.5.

                                       verify the percentages of by-catches and estimate the quantity of discards of species of marketable fin-fish, crustaceans and cephalopods;

                                       8.6.

                                       report fishing data by radio, including the quantity of catches and by-catches on board.

                           9.

                           The master shall do everything in his power to ensure the physical safety and welfare of the observer during the latter’s performance of his duties.

                           10.

                           The observer shall be offered every facility needed to carry out his duties. The master shall give him access to the means of communication needed for the discharge of his 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 his tasks.

                           11.

                           While on board, the observer shall:

                                       11.1.

                                       take all appropriate steps to ensure that the conditions of his 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, the observer shall draw up an activity report to be transmitted to the competent Comorian authorities, with a copy to the European Commission. He shall sign it in the presence of the master, who may add or cause to be added to it any observations considered relevant, followed by the master’s signature. A copy of the report shall be given to the master of the vessel when the scientific observer is put ashore.

                           13.

                           Shipowners shall bear the cost of accommodating observers in the same conditions as the officers on the vessel, within the confines of the structure of the vessel.

                           14.

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

                     CHAPTER VI

                  MONITORING

               European fishing vessels must comply with the measures and recommendations adopted by the Indian Ocean Tuna Commission (IOTC) regarding fishing gear and the technical specifications thereof and all other technical measures applicable to their fishing activities.
               1.   List of vessels

                           1.1.

                           The European Union shall keep an up-to-date list of the vessels to which a fishing authorisation has been issued under the provisions of this Protocol. This list shall be notified to the Comorian authorities responsible for fisheries inspection as soon as it is drawn up and each time it is updated.

                           1.2.

                           European Union vessels may be included on the list referred to in the previous point upon receipt of notification of the advance payment referred to in point 3 of Section 2 of Chapter I of this Annex. In this case, a certified copy of this list may be obtained by the shipowner and kept on board instead of the fishing authorisation until the authorisation has been issued.

                     2.   Monitoring procedures

                           2.1.

                           Masters of European Union vessels engaged in fishing activities in Comorian waters shall allow and facilitate boarding and the discharge of their duties by any Comorian official responsible for the inspection and monitoring of fishing activities.

                           2.2.

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

                           2.3.

                           Once the inspection and monitoring has been completed, a copy of the inspection report shall be provided to the master of the vessel.

                           2.4.

                           In order to facilitate safe inspection procedures and without prejudicing Comorian legislation, the boarding must be carried out in such a way that the inspection platforms and the inspectors are identified as officers authorised by the Comoros.

                           2.5.

                           Masters of European vessels engaged in landing or transhipment operations in a Comorian port shall allow and facilitate the inspection of such operations by Comorian inspectors.

                     CHAPTER VII

                  BOARDING

               1.   Boarding

                           1.1.

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

                           1.2.

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

                     2.   Statement of boarding

                           2.1.

                           After the competent Comorian authorities have drawn up a statement, the master of the vessel must sign it.

                           2.2.

                           This signature shall not prejudice the rights of the master or any defence which he may make to the alleged infringement.

                           2.3.

                           The master must take the vessel to the port indicated by the Comorian authorities. In the case of minor infringements, the competent Comorian authorities may authorise the boarded vessel to continue its fishing activities.

                     3.   Consultation meeting in the event of boarding

                           3.1.

                           Before any measures regarding the master 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 Comorian authorities, possibly attended by a representative of the Member State concerned.

                           3.2.

                           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 agent shall be informed of the outcome of the meeting and of any measures resulting from the boarding.

                     4.   Settlement of boarding

                           4.1.

                           Before any judicial procedure, an attempt shall be made to resolve the presumed infringement by means of an amicable settlement. This procedure shall end no later than three working days after the boarding.

                           4.2.

                           In the event of an amicable settlement, the amount of the fine shall be determined in accordance with Comorian legislation. This amount should be recorded, signed and sent to the European Commission as well as to the flag state.

                           4.3.

                           If the case cannot be settled by amicable settlement 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 Comorian authorities.

                           4.4.

                           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 Comorian authorities.

                           4.5.

                           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 4.3 above has been lodged and accepted by the competent Comorian authorities, pending completion of the legal proceedings.

                  Appendices

                     1.

                        Application form for a fishing authorisation

                     2.

                        Seiners logbook

                     3.

                        Longliners logbook

                     4.

                        Declaration form for entering and leaving the zone

                     5.

                        Communication of VMS messages to the Comoros – Position report

                     Appendix 1

                        FISHING AUTHORISATION APPLICATION FORM FOR A FOREIGN FISHING VESSEL

                        Name of applicant: …
                     …

                        Address of applicant: …
                     …

                        Name and address of charterer of vessel if different from above: …
                     …

                        Name and address of representative (agent) in the Comoros: …
                     …

                        Name of vessel: …
                     …

                        Type of vessel: …
                     …

                        Country of registration: …
                     …

                        Port and registration number: …
                     …

                        Fishing vessel external identification: …
                     …

                        Radio call sign and frequency: …
                     …

                        Length of vessel: …
                     …

                        Width of vessel: …
                     …

                        Engine type and horse power: …
                     …

                        Gross registered tonnage of vessel: …
                     …

                        Net registered tonnage of vessel: …
                     …

                        Minimum crew: …
                     …

                        Type of fishing: …
                     …

                        Proposed catch species: …
                     …

                        Period of validity requested: …
                     …
                     I, the undersigned, declare that the above particulars are correct.
                     Date … Signature …

                     Appendix 2

                        MODEL FISHING FORM FOR TUNA SEINERS

                     DEPART/SALIDA/DEPARTURE
                     ARRIVEE/LLEGADA/ARRIVAL
                     NAVIRE/BARCO/VESSEL
                     PATRON/PATRON/MASTER
                     FEUILLE
                     PORT/PUERTO/PORT
                     DATE/FECHA/DATE
                     HEURE/HORA/HOUR
                     LOCH/CORREDERA/LOCH
                     PORT/PUERTO/PORT
                     DATE/FECHA/DATE
                     HEURE/HORA/HOUR
                     LOCH/CORREDERA/LOCH
                     HOJA/SHEET No

                     DATE
                     FECHA
                     DATE
                     POSITION (chaque calée ou midi)
                     POSICIÓN (cada lance o mediodia)
                     POSITION (each set or midday)
                     CALEE
                     LANCE
                     SET
                     CAPTURE ESTIMEE
                     ESTIMACIÓN DE LA CAPTURA
                     ESTIMATED CATCH
                     ASSOCIATION
                     ASSOCIACIÓN
                     ASSOCIATION
                     COMMENTAIRES
                     OBSERVACIONES
                     COMMENTS
                     COURANT
                     CORRIENTE
                     CURRENT
                     1
                     ALBACORE
                     RABIL
                     YELLOWFIN
                     2
                     LISTAO
                     LISTADO
                     SKIPJACK
                     3
                     PATUDO
                     PATUDO
                     BIGEYE
                     AUTRE ESPECE préciser le/les nom(s)
                     OTRA ESPECIE dar el/los nombre(s)
                     OTHER SPECIES give name(s)
                     REJETS préciser le/les nom(s)
                     DESCARTES dar el/los nombre(s)
                     DISCARDS give name(s)
                     Route/Recherche, problèmes divers, type d’épave (naturelle/artificielle, balisée, bateau), prise accessoire, taille du banc, autres associations, …
                     Ruta/Busca, problemas varios, tipo de objeto (natural/artificial, con baliza, barco), captura accesoria, talla del banco, otras asociaciones, …
                     Steaming/Searching, miscellaneous problems, log type (natural/artificial, with radio beacon, vessel), by catch, school size, other associations, …
                     Taille
                     Talla
                     Size
                     Capture
                     Captura
                     Catch
                     Taille
                     Talla
                     Size
                     Capture
                     Captura
                     Catch
                     Taille
                     Talla
                     Size
                     Capture
                     Captura
                     Catch
                     Nom
                     Nombre
                     Name
                     Taille
                     Talla
                     Size
                     Capture
                     Captura
                     Catch
                     Nom
                     Nombre
                     Name
                     Taille
                     Talla
                     Size
                     Capture
                     Captura
                     Catch
                     Une calée par ligne/Un lance cada línea/One set by line
                     SIGNATURE
                     DATE

                     Appendix 3

                        MODEL FISHING FORM FOR TUNA LONGLINERS

                     Flag country/Pavilion
                     Name of boat/nom du navire
                     Date reported/Date de déclaration †
                     Name of captain/Nom du capitaine
                     Vessel size/Taille du navire
                     GT (tons)/TB (tonnes)
                     LOA (m)/LHT (m)
                     Reporting person/Personne déclarante
                     Name/Nom
                     Phone/Téléphone
                     License number/Numéro de licence
                     Departure date/Date de départ †
                     Departure port/Port de départ
                     Call sign/Indicatif radio
                     Arrival date/Date d’arrivée †
                     Arrival port/Port d’arrivée
                     Number of crew/Effectif équipage
                     † use YYYY/MM/DD for dates/utilisez AAAA/MM/JJ pour les dates
                     Gear configuration/configuration de l'engin
                     Branch line length/Longueur des avancons (m)
                     Float line length/longueur des ralingues de flotteurs (m)
                     Type of weight/type de poids
                     Length between branch lines/longueur entre les avancons
                     whole/entier
                     processed/transformé
                     For each haul, the catches must be indicated in number and weight (kg) respectively in the upper and lower rows
                     Date
                     Position
                     Tunas/thons
                     Billfishes / Aiguilles de mer
                     Sharks/requins
                     Latitude
                     Longitude
                     southern bluefin/thon rouge
                     albacore/german
                     bigeye/patudo
                     yellowfin/albacore
                     skipjack/listao
                     Swordfish/espadon
                     Stripped marlin/marlin ray
                     blue marlin/marlin bleu
                     black marlin/marlin noir
                     Sailfish/voilier
                     Shortbill spearfish/marlin rostre court
                     Blue shark/Peau bleue
                     Porbeagle/requin taupe
                     Mako/petite taupe
                     Other/autres
                     Degree/Degrs ą
                     N S
                     Degree/Degrs ą
                     E W
                     N S
                     E W
                     N S
                     E W
                     N S
                     E W
                     N S
                     E W
                     for dates, use the YYYY/MM/DD format/pour les dates, utiliser le format AAAA/MM/JJ
                     ą for positions, use the format/pour les positions, utiliser le formatŹ: XXXX'
                     ** for SST, use a value with one decimal point/pour la SST, utiliser une valeur une dcimale

                     Appendix 4

                        MODEL TABLE FOR MONITORING THE ACTIVITY OF COMMUNITY FISHING VESSELS IN COMORIAN WATERS

                                 Flag state

                                 Name of vessel

                                 Sign of vessel

                                 Year

                                 Category
                                 (seiner, longliner)

                                 Authorisation

                                 Entry in zone

                                 Exit out of zone

                                 Fishing days
                                 (VMS)

                                 Catches

                                 VMS Remarks

                     Appendix 5

                        COMMUNICATION OF VMS MESSAGES TO THE COMOROS

                        Position report

                                 Data Element

                                 Code

                                 Mandatory/Optional

                                 Comments

                                 Start record

                                 SR

                                 O

                                 System detail – indicates start of record

                                 Recipient

                                 AD

                                 O

                                 Message detail – addressee. Alpha 3 ISO country code

                                 From

                                 FS

                                 O

                                 Message detail – sender. Alpha 3 ISO country code

                                 Type of message

                                 TM

                                 O

                                 Message detail – Message type ‘POS’

                                 Radio call sign

                                 RC

                                 O

                                 Vessel detail – international radio call sign of vessel

                                 Contracting Party internal reference number

                                 IR

                                 F

                                 Vessel detail – Unique contracting Party number (flag State ISO-3 code followed by number)

                                 External registration number

                                 XR

                                 F

                                 Vessel detail – number marked on side of vessel

                                 Flag State

                                 FS

                                 F

                                 Flag state detail

                                 Latitude

                                 LA

                                 O

                                 Vessel position detail – position in degrees and minutes N/S DDMM (WGS-84)

                                 Longitude

                                 LO

                                 O

                                 Vessel position detail – position in degrees and minutes E/W DDDMM (WGS-84)

                                 Date

                                 DA

                                 O

                                 Vessel position detail – date of record of UTC position (YYYYMMDD)

                                 Time

                                 TI

                                 O

                                 Vessel position detail – time of record of UTC position (HHMM)

                                 End record

                                 ER

                                 O

                                 System detail – indicates end of record

                           Character set: ISO 8859.1
                     Each data transmission is structured as follows:

                                 —

                                 a double slash (//) and the code ‘SR’ indicate the start of the message,

                                 —

                                 a double slash (//) and a code indicate the start of a data element,

                                 —

                                 a single slash (/) separates the code and the data,

                                 —

                                 pairs of data are separated by a space,

                                 —

                                 the code ‘ER’ and a double slash (//) at the end indicate the end of a record,

                                 —

                                 optional data elements have to be inserted between the start and end of the record.