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

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.

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.

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

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

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.

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 1845750.

2 The financial contribution shall comprise: (a) an annual amount for access to the EEZ of the Comoros of EUR 315250, equivalent to a reference tonnage of 4850 tonnes per year, and (b) a specific amount of EUR 300000 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 615250 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 4850 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 630500). 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.

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.

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.

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).

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.

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.

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.

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.

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.

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.

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.

This Protocol and the Annex hereto shall be provisionally applied from the date of signing.

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.