2012/826/EU: Council Decision of 28 November 2012 on the signing, on behalf of the European Union, and on the provisional application of the Protocol agreed between the European Union and the Republic of Madagascar setting out fishing opportunities and the financial contribution provided for in the Fisheries Partnership Agreement between the two parties currently in force

The signing, on behalf of the Union, of the Protocol agreed between the European Union and the Republic of Madagascar setting out fishing opportunities and the financial contribution provided for in the Fisheries Partnership Agreement between the two parties currently in force ("the Protocol") is hereby authorised, subject to its conclusion. 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 Union.

The Protocol shall be applied provisionally, in accordance with Article 15 thereof, from the date of its signature, and from 1 January 2013 at the earliest, pending the completion of the procedures for its conclusion.

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

1 For a period of two years, the fishing opportunities granted under Article 5 of the Fisheries Partnership Agreement ("the Agreement") shall be as follows: Highly migratory species (species listed in Annex 1 to the 1982 United Nations Convention on the Law of the Sea) with the exception of the Alopiidae and Sphyrnidae families, in addition to the following species: Cetorhinus maximus, Rhincodon typus, Carcharodon carcharias, Carcharhinus falciformis and Carcharhinus longimanus: (a) 40 tuna seiners, (b) 34 surface longliners with a tonnage greater than 100 GT, (c) 22 surface longliners with a tonnage of 100 GT or below.

2 Paragraph 1 shall apply subject to Articles 5 and 6.

3 Under Article 6 of the Agreement and Article 7 of this Protocol, vessels flying the flag of a Member State of the Union may engage in fishing activities in the waters of Madagascar only if they are on the list of fishing vessels authorised by the Indian Ocean Tuna Commission (IOTC) and are in possession of a fishing authorisation issued under the conditions laid down in this Protocol and in accordance with the Annex hereto.

1 For the period referred to in Article 1, the total financial contribution referred to in Article 7 of the Agreement shall be EUR 3050000 for the whole duration of this Protocol.

2 This total financial contribution shall comprise: (a) an annual amount for access to the Malagasy fishing zone of EUR 975000 equivalent to a reference tonnage of 15000 tonnes per year, and (b) a specific amount of EUR 550000 per year for supporting and implementing Madagascar's sectoral fisheries policy and maritime policy.

3 Paragraph 1 shall apply subject to Articles 3, 5, 6, 8 and 9.

4 The Union shall pay the financial contribution referred to in paragraph 1 at the rate of EUR 1525000 per year during the period of application of this Protocol, corresponding to the total amount set out in points (a) and (b) of paragraph 2.

5 If the total quantity of catches of tuna by EU vessels in Madagascar's fishing zone exceeds 15000 tonnes per year, the amount of the annual financial contribution for access rights shall be EUR 65 for each additional tonne caught. However, the total annual amount paid by the Union shall not be more than twice the amount indicated in point (a) of paragraph 2 above. If the amounts caught by EU vessels in Madagascar's fishing zone exceed the quantities corresponding to twice the total annual amount, the amount due in respect of the quantity exceeding that limit shall be paid the following year, in accordance with the Annex. In order to anticipate any possible exceeding of the reference tonnage, the two parties shall adopt a system allowing ongoing catch monitoring.

6 Payment shall be made no later than 90 days after this Protocol's provisional application, as referred to in Article 15, for the first year, and no later than the anniversary date of this Protocol for the following years.

7 Madagascar shall have full discretion regarding the use of the financial contribution specified in point (a) of Article 2(2).

8 The financial contribution shall be paid or transferred into a unique Public Treasury account opened at the Madagascar Central Bank. The account reference is as follows: Agence Comptable Centrale du Trésor public with the Banque Centrale de Madagascar Antaninarenina, Antananarivo, Madagascar - account no: 213 101 000 125 TP EUR.

1 From the date of the provisional application of this Protocol, and no later than three months after that date, the Union and Madagascar shall agree, within the Joint Committee provided for in Article 9 of the Agreement, on a multiannual sectoral programme, in accordance with Madagascar's national strategy for fisheries and the policy framework of the European Commission, and on detailed implementing rules covering, in particular: (a) annual and multiannual guidelines for using the specific amount of the financial contribution referred to in point (b) of Article 2(2); (b) the annual and multiannual objectives to be achieved with a view to introducing responsible fishing and sustainable fisheries, taking account of the priorities expressed by Madagascar in its national fisheries policy and other policies relating to or having an impact on the promotion of responsible fishing and sustainable fisheries, particularly as regards protected marine areas; (c) criteria and procedures including, where appropriate, budgetary and financial indicators, to be used for evaluating the results obtained each year.

2 Any proposed amendments to the multiannual sectoral programme must be approved by both parties within the Joint Committee.

1 The two parties hereby undertake to promote responsible fishing in the waters of Madagascar on the basis of the principle of non-discrimination between the different fleets fishing in those waters.

2 During the period covered by this Protocol, the Union and Madagascar shall endeavour to monitor the state of fishery resources in Madagascar's fishing zone.

3 Both parties shall endeavour to comply with the resolutions and recommendations of the IOTC, and with the management plans adopted by them, regarding conservation and the responsible management of fisheries. Both parties shall also make every effort to comply with the opinions of the joint scientific working group provided for in Article 4(2) of the Agreement.

4 In accordance with Article 4 of the Agreement, and based on the recommendations and resolutions adopted within the IOTC, and in the light of the best available scientific advice and, where appropriate, the results of the joint scientific meeting provided for by Article 4 of the Agreement, the two parties shall consult each other within the Joint Committee provided for in Article 9 of the Agreement and, where necessary, agree on the measures to ensure sustainable management of Madagascar's fisheries resources.

1 The fishing opportunities referred to in Article 1 may be amended by mutual agreement insofar as the recommendations and resolutions of the IOTC and the joint scientific working group tend to support that such an amendment will secure the sustainable management of tuna and tuna-like species in the Indian Ocean.

2 In such cases, the financial contribution referred to in point (a) of Article 2(2) shall be adjusted proportionately and pro rata temporis. However, the total annual amount paid by the Union may not be more than twice the figure indicated in point (a) of Article 2(2).

3 Both parties shall notify each other of any changes to their respective fisheries policies and legislation.

1 In the event that EU fishing vessels become interested in engaging in fisheries not provided for in Article 1 of the Agreement, the parties shall consult each other before any possible authorisation is granted in respect of any such activities and, where appropriate, agree on the conditions for such fishing, including making the relevant amendments to this Protocol and to the Annex hereto.

2 The parties shall encourage experimental fishing, especially as regards under-exploited species present in the waters of Madagascar. To this end, and at the request of either party, the parties shall consult each other with a view to determining, on a case-by-case basis, the species, conditions and other relevant parameters.

3 The parties shall carry out experimental fishing in accordance with parameters to be agreed by both parties in an administrative arrangement where appropriate. For Madagascar, the National Centre for Oceanographic Research and the Institute for Fisheries Studies and Marine Science shall be involved in the definition of these parameters.

4 Authorisations for experimental fishing should be agreed for a maximum period of six months.

5 If the parties consider that experimental campaigns have yielded positive results, the Government of Madagascar may allocate fishing opportunities in respect of the new species to the Union fleet until the expiry of this Protocol. The financial contribution referred to in point (a) of Article 2(2) shall consequently be increased. Shipowners' fees and other conditions as provided for in the Annex shall be amended accordingly.

Without prejudice to Article 6 of the Agreement, EU vessels may fish in the waters of Madagascar only if they are in possession of a valid fishing authorisation issued by the Malagasy Ministry responsible for Fisheries under this Protocol and the Annex hereto.

1 Notwithstanding the provisions of Article 9, the financial contribution referred to in points (a) and (b) of Article 2(2) shall be reviewed or suspended after consultation between the two parties: (a) if fishing activities in Madagascar's fishing zone are prevented for reasons other than natural phenomena; (b) following significant changes in the policy guidelines of either one of the parties affecting the relevant provisions of this Protocol; (c) if the Union notes that there has been a violation of the essential and fundamental human rights provided for in Article 9 of the Cotonou Agreement and following the procedure provided for in Articles 8 and 96 of that Agreement. In this case, all EU fishing vessel activities in the waters of Madagascar shall be suspended.

2 The Union reserves the right to suspend, partially or totally, the payment of the specific financial contribution provided for in point (b) of Article 2(2): (a) if the results obtained are inconsistent with the programming, following an assessment by the Ministry responsible for Fisheries and an evaluation carried out by the Joint Committee; (b) in the event of failure to implement this financial contribution.

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

1 Implementation of this Protocol shall be suspended at the initiative of either one of the parties, subject to consultations between and the agreement of the parties within the Joint Committee provided for in Article 9 of the Agreement: (a) if exceptional circumstances, other than natural phenomena, prevent fishing activities in Madagascar's fishing zone; (b) if the Union fails to make the payments provided for in point (a) of Article 2(2) for reasons not covered by Article 8 of this Protocol; (c) where a dispute arises between the parties over the interpretation and implementation of this Protocol and its Annex, which cannot be settled; (d) if either one of the parties does not comply with the provisions of this Protocol and its Annex; (e) following significant policy changes on the part of either one of the parties affecting the relevant provisions of this Protocol; (f) if either one of the parties ascertains a breach of essential and fundamental elements regarding human rights as laid out by Article 9 of the Cotonou Agreement, and following the procedure set out in Articles 8 and 96 thereof; (g) in case of non-compliance with the International Labour Organisation Declaration on Fundamental Principles and Rights at Work as provided in Article 3(5) of the Agreement.

2 The suspension of the implementation of this Protocol shall require the party concerned to notify its intention in writing at least three months before the date on which the suspension is due to take effect.

3 In the event of the implementation being suspended, the parties shall continue to consult each other with a view to finding an amicable settlement to their dispute. Where such settlement is reached, implementation of this Protocol shall resume and the amount of the financial contribution shall be reduced proportionately and pro rata temporis according to the period during which implementation of this Protocol was suspended.

1 The activities of EU fishing vessels in the waters of Madagascar shall be subject to the laws and regulations of Madagascar, unless otherwise provided under this Protocol and the Annex hereto.

2 The authorities of Madagascar shall inform the European Commission of any changes or new legislation regarding its fishery policy.

The parties shall ensure that, at any time, all data relating to EU vessels and their fishing activities in the waters of Madagascar will be treated as confidential. These data shall be used exclusively for the implementation of the Agreement and for the purposes of fisheries management, monitoring, control and surveillance by the relevant authorities.

Madagascar and the Union hereby undertake to implement the necessary systems for the electronic exchange of all information and documents related to the implementation of the Agreement as soon as possible. All electronic exchanges shall be the subject of an acknowledgment of receipt. The electronic form of a document shall at any point be considered equivalent to the paper version. Both parties shall immediately notify any disruption of computer systems impeding such exchanges. In such circumstances, the information and documents related to the implementation of the Agreement shall be automatically replaced by their paper version in the manner defined in the Annex.

This Protocol and the Annex hereto shall apply for a period of two years as from their provisional application, as determined in Article 15, unless notice of termination is given in accordance with Article 14.

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

2 The sending of the notification referred to in the previous paragraph shall lead to consultations by the parties being initiated.

This Protocol shall be applied provisionally from the date of its signature, and from 1 January 2013 at the earliest.

This Protocol and its Annex shall enter into force on the date on which the parties notify each other of the completion of the procedures necessary for that purpose.

1 The fishing opportunities fixed under the Protocol agreed between the European Union and the Republic of Madagascar setting out fishing opportunities and the financial contribution provided for in the Fisheries Partnership Agreement between the two parties currently in force (‘the Protocol’) shall be allocated among the Member States as follows: Type of VesselMember StateFishing opportunitiesTuna seinersSpain21France18Italy1Surface longliners over 100 GTSpain17France9Portugal5United Kingdom3Surface longliners of 100 GT or belowFrance22

2 Regulation (EC) No 1006/2008 shall apply without prejudice to the Partnership Agreement.

3 If applications for fishing authorisations from the Member States referred to in paragraph 1 do not exhaust the fishing opportunities set out in the Protocol, the Commission shall consider applications for fishing authorisations from any other Member State, pursuant to Article 10 of Regulation (EC) No 1006/2008.

4 The time limit within which the Member States must confirm that they are not making full use of the fishing opportunities granted to them, as provided by Article 10(1) of Regulation (EC) No 1006/2008, is set at 10 working days as from the date on which the Commission informs them that the fishing opportunities are not fully utilised.

This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union. It shall apply from the date of the signature of the Protocol and at the earliest from 1 January 2013.

1 The fishing opportunities fixed under the Protocol setting out the fishing opportunities and financial contribution provided for in the Fisheries Partnership Agreement between the European Union and the Islamic Republic of Mauritania for a period of two years (‘the Protocol’) shall take into consideration the catches made between 2008 and 2012 and shall be allocated among the Member States as follows: (a) Category 1 — Fishing vessels specialising in crustaceans other than spiny lobster and crab (maximum number of vessels: 36) Spain4150 tonnesItaly600 tonnesPortugal250 tonnes (b) Category 2 — Black hake (non-freezer) trawlers and bottom longliners (maximum number of vessels: 11) Spain4000 tonnes (c) Category 3 — Vessels fishing for demersal species other than black hake with gear other than trawls (maximum number of vessels: 9) Spain2500 tonnes (d) Category 4 — Vessels fishing for crab Spain200 tonnes (e) Category 5 — Tuna seiners Spain17 licencesFrance5 licences (f) Category 6 — Pole-and-line tuna vessels and surface longliners Spain18 licencesFrance4 licences (g) Category 7 — Pelagic freezer trawlers: Germany15396 tonnesFrance3205 tonnesLatvia66087 tonnesLithuania70658 tonnesNetherlands76727 tonnesPoland32008 tonnesUnited Kingdom10457 tonnesIreland10462 tonnes At any one time a maximum of 19 vessels may be deployed in Mauritanian waters. In case of non-utilisation of licences in category 8, a maximum of 16 quarterly licences may be added from category 8. During the two years validity of the Protocol, the following number of quarterly licences shall be held by Member States: Germany8France4Latvia40Lithuania44Netherlands32Poland16Ireland4United Kingdom4 Member States shall endeavour to communicate to the Commission if certain licences may be at the disposal of other Member States. (h) Category 8 — Non-freezer pelagic vessels: Ireland15000 tonnes These fishing opportunities may, in the case of non-utilisation, be transferred to category 7 according to the method of allocation of that category. A maximum of 16 quarterly licences may be deployed in Mauritanian waters. In case of non-utilisation, these licences may be transferred to category 7. Ireland shall hold 16 quarterly licences (with a possible transfer to category 7 if not utilised). Ireland shall communicate to the Commission, by 1 July of every year of the validity of the Protocol at the latest, whether fishing opportunities may become available for other Member States.

2 Regulation (EC) No 1006/2008 shall apply without prejudice to the Partnership Agreement.

3 If applications for fishing authorisations from the Member States referred to in paragraph 1 do not exhaust the fishing opportunities set out in the Protocol, the Commission shall consider applications for fishing authorisations from any other Member State, in accordance with Article 10 of Regulation (EC) No 1006/2008.

4 The time limit within which the Member States must confirm that they are not making full use of the fishing opportunities granted to them, as provided by Article 10(1) of Regulation (EC) No 1006/2008, shall be set at ten working days as from the date on which the Commission informs them that the fishing opportunities are not fully utilised.

Article 2 of Regulation (EC) No 1801/2006 is repealed.

This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union. It shall apply from the date of the signature of the Protocol.

This Regulation implements enhanced cooperation in the area of the creation of unitary patent protection authorised by Decision No 2011/167/EU with regard to the applicable translation arrangements.

For the purposes of this Regulation, the following definitions shall apply: (a) ‘European patent with unitary effect’ means a European patent which benefits from unitary effect in the participating Member States by virtue of Regulation (EU) No 1257/2012; (b) ‘Language of the proceedings’ means the language used in the proceedings before the EPO as defined in Article 14(3) of the Convention on the Grant of European Patents of 5 October 1973, as revised on 17 December 1991 and on 29 November 2000 (hereinafter ‘EPC’).

1 Without prejudice to Articles 4 and 6 of this Regulation, where the specification of a European patent, which benefits from unitary effect has been published in accordance with Article 14(6) of the EPC, no further translations shall be required.

2 A request for unitary effect as referred to in Article 9 of Regulation (EU) No 1257/2012 shall be submitted in the language of the proceedings.

1 In the event of a dispute relating to an alleged infringement of a European patent with unitary effect, the patent proprietor shall provide at the request and the choice of an alleged infringer, a full translation of the European patent with unitary effect into an official language of either the participating Member State in which the alleged infringement took place or the Member State in which the alleged infringer is domiciled.

2 In the event of a dispute relating to a European patent with unitary effect, the patent proprietor shall provide in the course of legal proceedings, at the request of a court competent in the participating Member States for disputes concerning European patents with unitary effect, a full translation of the patent into the language used in the proceedings of that court.

3 The cost of the translations referred to in paragraphs 1 and 2 shall be borne by the patent proprietor.

4 In the event of a dispute concerning a claim for damages, the court hearing the dispute shall assess and take into consideration, in particular where the alleged infringer is a SME, a natural person or a non-profit organisation, a university or a public research organisation, whether the alleged infringer acted without knowing or without reasonable grounds for knowing, that he was infringing the European patent with unitary effect before having been provided with the translation referred to in paragraph 1.

1 Given the fact that European patent applications may be filed in any language under Article 14(2) of the EPC, the participating Member States shall in accordance with Article 9 of Regulation (EU) No 1257/2012, give, within the meaning of Article 143 of the EPC, the EPO the task of administering a compensation scheme for the reimbursement of all translation costs up to a ceiling, for applicants filing patent applications at the EPO in one of the official languages of the Union that is not an official language of the EPO.

2 The compensation scheme referred to in paragraph 1 shall be funded through the fees referred to in Article 11 of Regulation (EU) No 1257/2012 and shall be available only for SMEs, natural persons, non-profit organisations, universities and public research organisations having their residence or principal place of business within a Member State.

1 During a transitional period starting on the date of application of this Regulation a request for unitary effect as referred to in Article 9 of Regulation (EU) No 1257/2012 shall be submitted together with the following: (a) where the language of the proceedings is French or German, a full translation of the specification of the European patent into English; or (b) where the language of the proceedings is English, a full translation of the specification of the European patent into any other official language of the Union.

2 In accordance with Article 9 of Regulation (EU) No 1257/2012, the participating Member States shall give, within the meaning of Article 143 of the EPC, the EPO the task of publishing the translations referred to in paragraph 1 of this Article as soon as possible after the date of the submission of a request for unitary effect as referred to in Article 9 of Regulation (EU) No 1257/2012. The text of such translations shall have no legal effect and shall be for information purposes only.

3 Six years after the date of application of this Regulation and every two years thereafter, an independent expert committee shall carry out an objective evaluation of the availability of high quality machine translations of patent applications and specifications into all the official languages of the Union as developed by the EPO. This expert committee shall be established by the participating Member States in the framework of the European Patent Organisation and shall be composed of representatives of the EPO and of the non-governmental organisations representing users of the European patent system invited by the Administrative Council of the European Patent Organisation as observers in accordance with Article 30(3) of the EPC.

4 On the basis of the first of the evaluations referred to in paragraph 3 of this Article and every two years thereafter on the basis of the subsequent evaluations, the Commission shall present a report to the Council and, if appropriate, make proposals for terminating the transitional period.

5 If the transitional period is not terminated on the basis of a proposal of the Commission, it shall lapse 12 years from the date of application of this Regulation.

1 This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

2 It shall apply from 1 January 2014 or the date of entry into force of the Agreement on a Unified Patent Court, whichever is the later.