PURPOSE : to conclude a new Protocol for tuna fishing opportunities and financial contribution between the EU and the Democratic Republic of Madagascar for the period 1 January 2004 and 31 December 2006.

LEGISLATIVE ACT : Council Regulation 555/2005/EC on the conclusion of the Protocol defining for the period 1 January 2004 to 31 December 2006 the tuna fishing opportunities and the financial contribution provided for in the Agreement between the European Economic Community and the Democratic Republic of Madagascar on fishing off Madagascar.

CONTENT : the new Protocol will cover the period 1 January 2004 to 31 December 2006. The Protocol grants fishing opportunities for 40 tuna seiners and 40 surface long liners. The financial contribution is fixed at EUR 825 000 per year, covering an annual catch of 11 000 tonnes of tuna in the waters off Madagascar. A large portion of this amount (EUR 505 000 per year) is earmarked for targeted measures, such as scientific and training programmes, support for an inspection and surveillance system, assistance with the development of traditional fisheries etc. As well as being in keeping with the tuna agreements concluded by the Community with other Indian Ocean countries, new elements have been introduced into the Protocol. They stress the promotion of responsible and sustainable fishery in the Indian Ocean. Specifically speaking the new elements introduced include:

- An exclusivity clause, which prohibits the existence of private licences or other private arrangements outside the scope of the Agreement;

- A detailed programme for targeted measures , including a schedule and the objectives to be achieved; - VMS requirements to reinforce checks on vessels operating in the waters off Madagascar, including the transmission of hourly reports giving their course and speed;

- The social clause applicable to local seamen signed on by Community vessels;

- Penalties imposed for infringements of the Protocol and

- A section on safeguarding the marine environment and protected species.

The fishing opportunities provided for in the Protocol shall be allocated among the Member States as follows:

- tuna seiners: Spain: 22 vessels; France: 16 vessels; Italy: 2 vessels;

- surface longliners: Spain: 24 vessels; France: 10 vessels; Portugal: 6 vessels.

If licence applications from these Member States do not cover all the fishing opportunities laid down by the Protocol, the Commission may take into consideration licence applications from any other Member State.

ENTRY INTO FORCE : 16 April 2005.

The European Parliament adopted, by 507 votes for, 68 against and 86 abstentions, a resolution drafted by Philippe MORILLON (ALDE, FR) approving the Commission's proposal with a few amendments. (Please see the document of 01/09/04.) The Commission must forward to the European Parliament and to the Council a copy of the annual report referred to in the Protocol, including an analysis of the use of the funds earmarked for targeted measures.

The European Parliament adopted, by 507 votes for, 68 against and 86 abstentions, a resolution drafted by Philippe MORILLON (ALDE, FR) approving the Commission's proposal with a few amendments. (Please see the document of 01/09/04.) The Commission must forward to the European Parliament and to the Council a copy of the annual report referred to in the Protocol, including an analysis of the use of the funds earmarked for targeted measures.

The committee adopted the report by Philippe MORILLON (ALDE, FR) approving the proposal under the consultation procedure, subject to a few amendments. It stressed that protection of the EU's fisheries interests must go hand in hand with the sustainable management of fisheries resources and the development of coastal populations which depend on fisheries. The Commission was accordingly urged to continue assessing the sustainable nature of the agreement with Madagascar, to ensure that the funds were properly used for the purposes laid down in the agreement and to monitor the impact on the local population.

Other amendments reflected Parliament's traditional position on renewing fishing agreements, namely, that a general assessment report should be presented by the Commission before the beginning of negotiations in order to allow an evaluation of the costs and benefits of the fisheries agreement and protocol, with particular reference to the specific measures. Only after the report had been received and Parliament had given its opinion thereon should the Council authorise the Commission to enter into negotiations for a possible new Protocol.