1.1.

for the EU: the European Commission, where applicable via the EU Delegation to Madagascar;

1.2.

for the Republic of Madagascar: the Ministry responsible for Fishery Resources and Fishing.

3.1.

Madagascar's fishing zone is defined as Malagasy waters in which Madagascar allows European Union fishing vessels to engage in fishing activities.

3.2.

All the provisions of the Protocol and its Annex shall apply exclusively in the fishing zone of Madagascar, as indicated in Appendix 3, without prejudice to the following provisions:

2.1.

The EU shall submit to Madagascar by electronic means, with a copy to the EU Delegation in Madagascar, an application for a fishing authorisation in respect of any vessel wishing to fish under the Agreement.

2.2

The applications shall be made on the form included in Appendix 1 to this Annex.

2.3.

Each initial application for a fishing authorisation, or an application submitted due to a change in the technical characteristics of the vessel concerned, shall be accompanied by:

2.4.

In the case of renewal of a fishing authorisation under the Protocol in force for a vessel whose technical specifications have not been modified, the renewal application need only be accompanied by proof of payment of the flat-rate advance.

3.1.

The fee payable for tuna seiners and surface longliners, in EUR per tonne caught in the fishing zone for Madagascar, is established as being the following:

3.2.

Fishing authorisations shall be issued once the following flat-rate advance fees have been paid to the competent national authorities:

3.3.

The amount of the flat-rate fee shall include all local and national taxes with the exception of port taxes, landing taxes, transhipment taxes and charges for the provision of services.

4.1.

Once it has received the fishing authorisation applications described in point 2 above, Madagascar has 20 working days to issue fishing authorisations to vessels of the European Union whose application is deemed consistent with points 2.2, 2.3 and 2.4.

4.2.

The original fishing authorisation issued shall be transmitted immediately to the vessel owners or their agents in Madagascar via the EU Delegation in Madagascar.

4.3.

A copy of the fishing authorisation shall be sent immediately electronically to the EU Delegation and to the vessel owners or their agents. The copy, which is held on board, may be used for a maximum period of 60 calendar days after the date on which the authorisation was issued. After this period, the original of the fishing authorisation must be kept on board.

5.1.

The fishing authorisation shall be issued for a given vessel and shall not be transferable.

5.2.

However, at the request of the EU and where force majeure is proven, in particular in the event of the loss or prolonged immobilisation of a vessel due to a serious technical failure, the fishing authorisation of the initial vessel shall be replaced by a new authorisation for another vessel of the same category as that which it will replace, with no further fee due.

5.3.

In this case, the calculation of the catch levels to determine whether an additional payment should be made shall take account of the sum of the total catches of the two vessels in the Madagascar fishing zone.

5.4.

The owner of the first vessel, or his agent, shall return the cancelled fishing authorisation to the Malagasy Fisheries Monitoring Centre (FMC) via the EU Delegation to Madagascar.

5.5.

The new fishing authorisation shall take effect on the day on which the cancelled fishing authorisation is returned to the Malagasy FMC. The EU Delegation shall be informed of the transfer of the fishing authorisation.

6.1.

The fishing authorisations shall be drawn up for an annual period.

6.2.

The authorisations shall be renewable.

6.3.

If the provisional application is not scheduled to start on 1 January 2015, in order to establish the start of the period of validity of the fishing authorisation, annual period shall mean:

—

the original fishing authorisation, however, for a period of 60 calendar days, and pending receipt of the original, a copy of the fishing authorisation referred to in point 4.3 of this section is authentic;

—

the vessel's navigation licence or any equivalent document issued by the flag authority;

—

a plan of the vessel's capacity, in the form of up-to-date drawings or descriptions of the layout of the fishing vessel and in particular, the number of fish holds of the fishing vessels, with the storage capacity expressed in cubic metres.

8.1.

At the request of the EU, and following an examination by the Malagasy authorities, Madagascar shall authorise European Union fishing vessels which have been granted a fishing authorisation to be assisted by support vessels.

8.2.

Support vessels must fly the flag of an EU Member State and must not be equipped for fishing. This support must not include refuelling or transhipment of catches.

8.3.

Support vessels are subject to the same procedure as regards the sending of applications for fishing authorisations set out in this chapter, to the extent applicable. Madagascar shall draw up a list of authorised support vessels and send it immediately to the EU.

8.4.

The annual licence fee applicable to the support vessel shall be EUR 3 500/year.

1.

The European Union fishing vessels authorised to fish in Madagascar's fishing zone shall comply with all technical conservation measures, recommendations and resolutions issued by the IOTC and the Malagasy legislation in force applicable to them.

2.

The technical conservation measures applicable to the European Union fishing vessels holding a fishing authorisation, relating to the fishing zone, fishing gear and by-catches, shall be defined for each fishing category in the technical sheets contained in Appendix 2 to this Annex.

3.

During fishing operations in the Malagasy fishing zone, and with the exception of natural drifting fish aggregating devices (FADs), the use of fishing supports which change the behaviour of highly migratory species and encourage in particular their concentration near to or beneath the fishing support, shall be limited to so-called green artificial drifting FADs, designed, built and used in a way which helps to avoid cetaceans, sharks or turtles being caught accidentally by the support. These supports must be made from biodegradable materials. The deployment and use of these artificial drifting FADs shall comply with the recommendations and resolutions of the IOTC.

1.1.

The master of an EU fishing vessel fishing under the Agreement shall keep a fishing logbook in accordance with the relevant IOTC resolutions for longliners and seiners.

1.2.

The fishing logbook shall be completed by the master for each day the vessel is present in Madagascar's fishing zone.

1.3.

Each day the master shall record in the fishing logbook the quantity of each species, identified by its FAO alpha 3 code, caught and kept on board, expressed in kilograms of live weight or, where necessary, the number of individual fish. For each main species, the master shall also mention zero catches, by-catches and discards.

1.4.

The fishing logbook shall be filled in legibly, in block capitals, and shall be signed by the master.

1.5.

The master shall be responsible for the accuracy of the data recorded in the fishing logbook.

2.1.

The master shall notify the vessel's catch by submitting its fishing logbooks for the period of its presence in Madagascar's fishing zone, to Madagascar.

2.2.

Until such time as the electronic fishing data communication system mentioned in point 3 of this Section has been set up, the fishing logbooks shall be transmitted in the following ways:

2.3.

The master shall send a copy of all the fishing logbooks to the EU and the competent flag State authority. The master shall also send a copy of all the fishing logbooks:

2.4.

The return of the vessel into Madagascar's fishing zone within the period of validity of its fishing authorisation shall give rise to further catch reporting.

2.5.

Where the provisions concerning catch reporting are not complied with, Madagascar may suspend the fishing authorisation of the vessel concerned until the missing catch report is obtained and penalise the vessel owner in accordance with the relevant provisions under the Malagasy legislation in force. If the offence is repeated, Madagascar may refuse to renew the fishing authorisation.

2.6.

Madagascar shall inform the EU of any penalty applied in this context at the time of the notification to the vessel owner.

4.1.1.

If the electronic system for the declaration of fishing data referred to in point 3 of this section is not operational, the EU shall notify Madagascar, before the end of the third month of each quarter, of the data relating to catches and fishing effort (number of days at sea) for each category provided for in this Protocol and corresponding to the months of the previous quarter, in accordance with the template provided in Appendix 5 to this Annex.

4.1.2.

This aggregated data from the fishing logbooks shall be considered provisional until notification by the EU of a definitive annual statement of catches and fishing effort.

4.2.1.

For each tuna seiner and surface longliner authorised to fish in the fishing zone of Madagascar, the EU will draw up an annual declaration of catches and fishing effort (number of days at sea), for each species and by month, on the basis of the catch data validated by the national administrations of the flag States and following an analysis carried out by the fisheries research institutes of the European Union mentioned above by means of cross-checking the available data contained in fishing logbooks, landing reports, sales notes and, where appropriate, scientific observation reports.

4.2.2.

The methodology used by the fisheries research institutes of the European Union to examine the level and composition of catches in the Malagasy fishing zone is shared with the USTA (Antsiranana Tuna Statistical Unit), the Malagasy FMC and the Ministry for Fishery Resources and Fishing's Department for Statistics and Programming.

5.1.

On the basis of the annual declaration of catches and efforts referred to in paragraph 4.2 of this section and in respect of each European Union tuna seiner and surface longliner which has been authorised to fish during the previous year in Madagascar's fishing zone, the EU shall draw up a final statement of the fees owed by the vessel in respect of its annual season for the previous calendar year.

5.2.

The annual reporting of catches and effort and the final statement of fees shall be forwarded by the EU to Madagascar before 31 July of the year following the year in which the catches were made for confirmation.

5.3.

Madagascar shall notify the EU that these declarations and the statement have been received and may request any clarification that it considers necessary.

5.4.

Madagascar shall have 30 working days following the date of the notification referred to in point 5.3 of this section to challenge the annual declaration of catches and effort and the final statement of fees, on the basis of documentary proof.

5.5.

Where the final statement is greater than the flat-rate advance fee paid to obtain the fishing authorisation, the vessel owner shall pay the outstanding balance to Madagascar by 30 September of the year in progress. Where the final statement is less than the flat-rate advance fee, the remaining amount may not be reclaimed by the vessel owner.

1.

Masters of European Union fishing vessels operating under this Protocol in the Malagasy fishing zone shall notify, at least three hours in advance, the relevant Malagasy authorities of their intention to enter or leave Madagascar's fishing zone.

2.

When notifying entry into/exit from the Malagasy fishing zone, the masters of the vessels shall also communicate their position and the estimated amounts of each species, identified by their FAO 3-alpha code, caught and already held on board, expressed in kilograms of live weight or, where necessary, the number of individual fish, without prejudice to the provisions of Section 2 of Appendix 8. This information shall be communicated by e-mail, fax, or radio message to the addresses listed in Appendix 9.

3.

The Malagasy authorities shall acknowledge receipt of the e-mail by return e-mail.

4.

A vessel found to be fishing without having informed the Malagasy FMC shall be regarded as a vessel without a fishing authorisation and shall be subject to the penalties provided for under Malagasy law.

5.

The e-mail address, fax and telephone numbers and radio coordinates of the Malagasy FMC shall be annexed to the fishing authorisation.

6.

Madagascar shall immediately inform the EU and the vessels concerned of any change to the e-mail address, fax number or radio frequency.

1.

Any transhipment operation at sea is prohibited.

2.

A transhipment operation in Malagasy waters may be carried out in a Malagasy port designated to that effect after prior authorisation by the Madagascar FMC and under the control of fishing inspectors from Madagascar.

3.

The fishing ports designated for these transhipment operations are Antsiranana for seiners and Toliara, Ehoala, Toamasina and Mahajanga for longliners.

4.

The owner of a European Union fishing vessel, or his representative, wishing to land or tranship in a Malagasy port shall simultaneously provide the FMC and the port authority in Madagascar, with the following information, at least 72 hours in advance:

5.

After examining the information referred to in point 4 of this section and within 24 hours following notification, the FMC in Madagascar shall issue the vessel owner or his representative with prior authorisation of landing or transhipment.

6.

Transhipment and landing shall be considered as an exit from the Malagasy fishing zone. To this end, the provisions referred to in Section 2 of this Chapter shall apply.

7.

Following the transhipment or landing, the vessel owner or his representative shall notify their intention to exercise fishing activities in Madagascar's fishing zone, or leave Madagascar's fishing zone.

8.

Any transhipment or landing not complying with the provisions of points 1 to 7 above shall be prohibited in Madagascar's fishing zone. Any person infringing this provision may incur the penalties provided for by Malagasy law.

9.

In accordance with the provisions of the appropriate IOTC resolution, EU seiners landing in a Malagasy port shall endeavour to make their by-catches available to the local processing companies at the local market price. Upon request from the vessel owners of the EU fishing vessels, the Regional Directorates of the Malagasy Ministry for Fishery Resources and Fishing shall provide a list of and contact details for the local processing companies.

10.

European Union tuna vessels choosing to land their catches in a Malagasy port shall benefit from a reduction of EUR 5 per tonne fished in Madagascar's fishing zone on the fee indicated in point 3.1 of Chapter II of this Annex for the fishing category of the vessel concerned. An additional reduction of EUR 5 per tonne shall be granted where fisheries products are sold to a processing factory in Madagascar.

1.1.

EU fishing vessels holding a fishing authorisation must be equipped with a satellite monitoring system (Vessel Monitoring System — VMS) to enable automatic and continuous communication of their position, at all times, to the fishing control centre (Fisheries Monitoring Centre — FMC) of their flag state.

1.2.

Each position message must be configured in accordance with the format set out in Appendix 7 to this Annex and contain:

1.3.

The first position recorded after entry into the Malagasy fishing zone is identified by the code ‘ENT’. All subsequent positions shall be identified by the code ‘POS’, with the exception of the first position recorded after departure from the Madagascar fishing zone, which shall be identified by the code ‘EXI’.

1.4.

The FMC of the flag state shall ensure the automatic processing and, if necessary, the electronic transmission of the position messages. The position messages shall be recorded in a secure manner and kept for a period of three years.

2.1.

The master shall ensure that the vessel's VMS is fully operational at all times and that the position messages are correctly transmitted to the FMC of the flag State.

2.2.

EU vessels fishing with defective VMS systems are not authorised to enter the fishing zone of Madagascar.

2.3.

In the event of breakdown after entry into Madagascar's fishing zone, the vessel's VMS shall be repaired or replaced within a period of fifteen days. After that period, the vessel shall no longer be authorised to fish in Madagascar's fishing zone.

2.4.

Vessels fishing in the Malagasy fishing zone with a defective VMS system must communicate their position messages by e-mail, radio or fax to the FMC of the flag State and Madagascar, at least every four hours, and must provide all the compulsory information detailed in paragraph 1.2. of this Section.

3.1.

The FMC of the flag State shall automatically send the position messages of the vessels concerned to the FMC in Madagascar. The FMC of the flag state and of Madagascar shall exchange their contact e-mail addresses and inform each other without delay of any change to these addresses.

3.2.

The transmission of position messages between the FMCs of the flag State and that of Madagascar shall be carried out electronically using a secure communication system.

3.3.

The FMC in Madagascar shall inform the flag State FMC and the EU of any interruption in the reception of consecutive position messages from a vessel holding a fishing authorisation, where the vessel concerned has not notified its departure from the Malagasy fishing zone.

4.1.

Madagascar shall ensure the compatibility of its electronic equipment with that of the flag State FMC and inform the EU immediately of any malfunction as regards the communication and reception of position messages with a view to finding a technical solution as soon as possible.

4.2.

The Joint Committee shall deal with any disputes which may arise.

4.3.

The master shall be considered to be responsible for any proven manipulation of the vessel's VMS aimed at disturbing its operation or falsifying its position messages. Any infringements shall be subject to the penalties provided for by the Malagasy legislation in force.

5.1.

On the basis of documentary evidence proving an infringement, the FMC in Madagascar may ask the flag state FMC, copying the EU into such correspondence, to reduce the interval for sending position messages from a vessel to every thirty minutes for a set period of investigation.

5.2.

This documentary evidence must be sent by the FMC in Madagascar to the flag state FMC and the EU.

5.3.

The flag state FMC shall immediately send the position messages to Madagascar at the reduced frequency.

5.4.

The Malagasy FMC shall immediately notify the FMC of the flag State and the EU of the end of the inspection procedure.

5.5.

At the end of the set investigation period, the Malagasy FMC shall inform the flag State FMC and the EU of the possible follow up, if any.

1.1.

Both Parties recognise the importance of fulfilling the obligations under relevant IOTC Resolutions as regards the Scientific Observer Programme.

1.2.

For the purposes of complying with these obligations, the provisions applicable to observers are as follows:

1.3.

Vessels with a tonnage equal to or less than 100 GT shall be exempt from the provisions laid down in this section.

2.1.

At the time of the issuing of the fishing authorisations, Madagascar shall publish and, if necessary, update a list of the vessels selected to take an observer on board in accordance with the objectives referred to in point 1.2.2 above.

2.2.

Madagascar shall electronically forward this list to the EU immediately after its issuing or updating. If one of the vessels selected is short of space and if this shortage is duly documented as being due to safety requirements, particularly relating to acts of piracy, the European Union and Madagascar shall amend the list of vessels selected in order to reflect this situation, while ensuring that the objective referred to paragraph 1.2.1. can be met.

2.3.

Once the list of vessels selected to take an observer on board has been finalised, Madagascar shall inform the vessel owners or their agents of the vessels which must allow an observer to embark when operating in the fishing zone of Madagascar.

2.4.

Once the embarkation date has been agreed between the Malagasy authorities and the vessel owner selected as referred to in point 7.2 of this section, Madagascar shall inform the EU and the vessel owner, or its agent, of the name and details of the observers appointed.

2.5.

Madagascar shall immediately inform the EU and the European Union vessel owners concerned, or their representative, of any change to the designated vessels and observers in accordance with points 2.1 and 2.3 of this section.

2.6

Madagascar and the EU shall make every effort, in collaboration with the other coastal States of the South-West Indian Ocean, to develop a concerted regional implementation of the observer programme, inter alia at the initiative of the IOTC.

2.7

A European Union fishing vessel designated to take on board an observer in accordance with point 2.1 shall be exempt from complying with this obligation if an observer is already on board and continues to be on board throughout the planned duration, provided that the observer:

2.8.

The observers shall not spend more time on board the vessel than is necessary to carry out their duties.

3.1.

Without prejudice to an observer programme agreed at regional level, as referred to in point 2.6 of this section and in respect of any observer appointed by Madagascar to be taken on board a European Union fishing vessel, the vessel owner shall contribute the sum of EUR 20 for each day that the observer is on board. This sum shall be paid by the vessel owners to the Observers Programme administered by the FMC of Madagascar.

3.2.

All costs of mobilisation and demobilisation between the port of embarkation or disembarkation and the habitual residence of the Malagasy observer to Madagascar shall be borne by the vessel owner.

5.1.

The embarkation conditions for the observer, in particular the duration of presence on board, shall be defined by mutual agreement between the vessel owner or its local agent and Madagascar.

5.2.

Observers shall be treated on board as officers. However, receiving the observer on board shall take into account the technical structure of the vessel.

5.3.

The vessel owner shall bear the costs of providing accommodation and food for the observer on board.

5.4.

The master shall take all the measures for which he is responsible to guarantee the physical safety and general wellbeing of the observer.

5.5.

The observer shall be offered every facility needed to carry out their duties. The master of the vessel shall provide observers with access to means of communication and any documents on board, and to documents relating to the fishing activities of the vessel, in particular the fishing logbook, freeze log and navigation log, and the parts of the vessel directly linked to their duties.

—

take all appropriate measures so as not to interrupt or hinder fishing operations;

—

respect on-board property and equipment;

—

respect the confidential nature of any document belonging to the vessel.

7.1.

The observer shall embark in a port chosen by the vessel owner.

7.2.

The vessel owner or its representative shall notify Madagascar, with a notice period of 10 days before embarkation, of the date, time and port of embarkation of the observer. If the observer is embarked in a foreign country, his travel and transit expenses (including as regards accommodation and food) in order to reach the port of embarkation shall be borne by the vessel owner.

7.3.

If the observer does not arrive to embark within 12 hours of the date and time set, the vessel owner shall be automatically discharged from his obligation to allow the observer to embark. They shall be free to leave the port and start fishing operations.

7.4.

If the observer is not disembarked in a Malagasy port, the vessel owner shall bear the costs of their travel and transit expenses (including as regards accommodation and food) in order to reach their habitual residence in Madagascar.

7.5.

If the vessel does not arrive at the agreed time at a previously agreed port to receive an observer, the owner shall pay the costs relating to the observer's inability to board while waiting at the port (accommodation, food).

7.6.

If the vessel does not arrive, Madagascar may suspend the fishing authorisation of the vessel concerned and apply the penalties provided for under the Malagasy legislation in force, except in case of force majeure notified to the Madagascar FMC. In the latter case, the vessel owner shall agree, with the Malagasy authorities, a new date for the observer's embarkation and the vessel may not engage in fishing activities in the fishing zone of Madagascar until the observer has been taken on board. Madagascar shall immediately inform the EU and the vessel owner of the measures taken pursuant to this point.

8.1.

The observer shall carry out the following duties:

8.2.

The observers shall, on a daily basis, communicate observations by radio, fax or e-mail while the vessel is operating in Madagascar's fishing zone, including the quantity of catches and by-catches on board and any other duties as required by the Malagasy FMC.

9.1.

Before leaving the vessel, the observer shall submit a report of his observations to the master of the vessel. The master of the vessel shall have the right to make comments in the observer's report. The report shall be signed by the observer and the master, who will receive a copy of the report. If the master refuses to sign the observer's report, he shall write in the inspection report the reasons of his refusal with the mention ‘refusal to sign’.

9.2.

The observer shall send his report to the Malagasy FMC, which shall send a copy of it to the EU within 15 working days of the disembarkation of the observer.

1.

The inspection at sea or in port, in dock or in harbour, in the Madagascar fishing zone, of European Union fishing vessels holding a fishing authorisation shall be performed by vessels and inspectors from Madagascar duly authorised to conduct fisheries inspections.

2.

Before going on board, the Malagasy inspectors shall inform the European Union vessel of their decision to perform an inspection. The inspection shall be performed by fisheries inspectors. Before the inspections begin, the inspectors must prove their identity, qualifications and the scope of their mission.

3.

The inspectors shall only stay on board the European Union vessel for the time necessary to carry out tasks linked to the inspection. They shall carry out the inspection in such a way as to minimise the impact on the vessel, its fishing activity and cargo.

1.1.

Any infringement committed in Madagascar's fishing zone by a European Union fishing vessel holding a fishing authorisation in accordance with the provisions of this Annex and which has been the subject of a notification is to be referred to in an (inspection) report.

1.2.

In the event of an infringement in Madagascar's fishing zone by an EU fishing vessel, notification of that infringement and the additional penalties imposed on the master or the fishing company shall be sent directly to the vessel owners in accordance with the procedures set out in Madagascar's fisheries legislation.

1.3.

A copy of the inspection report and the notification of the infringement shall be transmitted electronically by Madagascar to the EU within 72 hours.

1.4.

The signature of the inspection report by the master shall be without prejudice to the vessel owner's right of defence in respect of the infringement concerned.

2.1.

If an infringement is established, and if current Malagasy legislation so permits, any EU fishing vessel which has committed an infringement may be forced to cease its fishing activity and, where the vessel is at sea, to return to a port of Madagascar.

2.2.

Madagascar shall provide electronic notification to the EU, within 24 hours, of any detentions of an EU fishing vessel. The notification will refer to the reasons of the arrest and/or detention and be accompanied by evidence of the infringement concerned.

2.3.

Before taking any measure against the vessel, the master, the crew or the cargo, with the exception of measures aimed at protecting evidence, Madagascar shall organise, within one working day after notification of the vessel's detention, an information meeting to clarify the events which led to the vessel's detention and explaining what further action may be taken. A representative of the flag State and of the vessel owner may attend this information meeting.

3.1.

The penalty for an established infringement shall be established by Madagascar according to the provisions of the Malagasy legislation in force.

3.2.

Where settling the infringement involves legal proceedings, before these are initiated and provided that the infringement does not involve a criminal act, a compromise procedure shall be undertaken between the Malagasy authorities and the EU vessel in order to determine the terms and level of the penalty. The compromise procedure shall finish at the latest 72 hours after notification of the vessel's detention.

3.3.

A representative of the flag State of the European Union fishing vessel may participate in the compromise procedure.

4.1.

If the compromise procedure fails and the infringement is brought before the competent court, the owner of the vessel which committed the infringement shall deposit a bank security at a bank designated by Madagascar, the amount of which, as set by Madagascar, shall cover the costs linked to the detention of the vessel, the estimated fine and any compensation. The bank security may not be recovered until the legal proceedings have been concluded.

4.2.

The bank guarantee shall be released and returned to the vessel owner as soon as possible after the judgment has been delivered:

4.3.

Madagascar shall inform the EU of the outcome of the legal proceedings within eight days of the judgment being delivered.

2.1.

Where the master of an EU fishing vessel witnesses a fishing vessel engaged in activities which may constitute IUU fishing, he or she may seek as much information as possible about what has been sighted.

2.2.

This information shall be sent immediately to the FMC in Madagascar and also to the competent authorities of the flag State of the vessel from which the observation was made. Upon receipt, the competent authorities will forward the information electronically to the EU.

2.3.

The EU shall forward this information to Madagascar.

1.

The owners of European Union fishing vessels operating under this Protocol shall endeavour to bring aboard nationals of Madagascar or other ACP countries, during the fishing season in the Malagasy fishing zone. The number of Malagasy seamen aboard a European Union fishing vessel shall be at least two in the case of seiners and one for longliners of more than 100 GT.

2.

Vessel owners failing to carry the minimum number of Malagasy seamen as referred to in point 1, shall pay a lump sum of EUR 20 per day and per seaman not on board.

3.

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

4.

The employment contracts of Malagasy seamen shall be drawn up between the vessel owners' representative(s) and the seamen and/or their trade unions or representatives; a copy of these contracts shall be provided to the relevant Malagasy authorities and to the signatories of those contracts. These contracts shall guarantee the seamen the social security cover applicable to them, in accordance with Malagasy legislation, including life assurance and sickness and accident insurance.

5.

Malagasy seamen's wages shall be paid by the vessel owners. They shall be set by mutual agreement between the vessel owners or their representatives and the seamen and/or their trade unions or representatives. However, the wage conditions granted to seamen shall not be lower than those applied in Madagascar and shall not be below ILO standards.

6.

All seamen employed by owners of European Union fishing vessels shall report to the master of the vessel in the question on the day before their proposed boarding date. Where a seaman fails to report at the date and time agreed for embarkation, vessel owners shall be automatically absolved of their obligation to take the seaman on board.

7.

All costs of mobilisation and demobilisation between the port of embarkation or disembarkation and the habitual residence of the Malagasy seaman to Madagascar shall be borne by the vessel owner.