FISHERIES PARTNERSHIP AGREEMENT
between the European Community and the Republic of Mozambique
THE EUROPEAN COMMUNITY, hereinafter referred to as ‘the Community’,
andTHE REPUBLIC OF MOZAMBIQUE, hereinafter referred to as ‘Mozambique’,hereinafter referred to as ‘the Parties’,CONSIDERINGthecloseworkingrelationshipbetweentheCommunityandMoz ambique,particularlyinthecontextofthe
Cotonou Agreement, and their mutual desire to intensify that relationshi p,
CONSIDERING the desire of the two Parties to promote the sustainable explo itation of fisheries resources by means of
cooperation,
HAVING REGARD TO the United Nations Convention on the Law of the Sea,RECOGNISINGthatMozambiqueexercisesitssovereignrightsorjurisdict ionoverazoneextendingupto200nauticalmiles
from the baseline in accordance with the United Nations Convention on the L aw of the Sea,
DETERMINED to apply the decisions and recommendations taken by the releva nt regional organisations of which the Par-
ties are members,
AWARE of the importance of the principles established by the Code of Conduc t for Responsible Fisheries adopted at the
FAO Conference in 1995,
DETERMINED to cooperate, in their mutual interest, in promoting the intro duction of responsible fisheries to ensure the
long-term conservation and sustainable exploitation of marine living re sources,
CONVINCED that such cooperation must take the form of initiatives and meas ures which, whether taken jointly or sepa-
rately, are complementary and ensure consistent policies and synergy of e ffort,
DECIDED, for the purposes of such cooperation, that the Parties shall esta blish the dialogue needed to implement Mozam-
bique’s fishing policies by involving civil society operators,
DESIROUSofestablishingtermsandconditionsgoverningthefishingacti vitiesofCommunityvesselsinMozambicanwaters
and Community support for responsible fishing in those waters,
RESOLVED to pursue closer economic cooperation in the fishing industry an d related activities by promoting cooperation
between companies from both Parties,
HEREBY AGREE AS FOLLOWS:
Article 1
Scope
This Agreement establishes the principles, rules and procedures
governing:
— economic, financial, technical and scientific cooperation in
the fisheries sector with a view to promoting responsiblefishing in Mozambique’s fishing zones in order to guaranteethe conservation and sustainable exploitation of fisheriesresources and develop Mozambique’s fisheries sector,— the conditions governing access by Community fishing ves-
sels to Mozambique’s fishing zone,
— cooperation on the arrangements for policing fisheries in
Mozambique’s fishing zone with a view to ensuring that theabove rules and conditions are complied with, that the mea-suresfortheconservationandmanagementoffishstocksareeffective and that illegal, undeclared and unregulated fishingis prevented,
— partnerships between operators aimed at developing eco-
nomic activities in the fisheries sector and related activities,in the common interest.17.12.2007
EN Official Journal of the European Union L 331/35
Article 2
Definitions
For the purposes of this Agreement:(a) ‘Mozambican authorities’ means the Ministry of Fisheries of
the Republic of Mozambique;
(b) ‘Community authorities’ means the European Commission;(c) ‘Mozambique’s fishing zone’ means Mozambique’s marine
waters where fishing is authorised;
(d) ‘fishing vessel’ means any vessel used for fishing purposes
according to Mozambican law;
(e) ‘Communityvessel’meansafishingvesselflyingtheflagofa
Member State of the Community and registered in theCommunity;
(f) ‘Joint Committee’ means a committee made up of represen-
tatives of the Community and Mozambique, as provided forin Article 9 of this Agreement;
(g) ‘transhipment’meansthetransferintheportareaofsomeor
all of the catch from one fishing vessel to another vessel;
(h) ‘shipowner’ means the person legally responsible for a fish-
ing vessel, in its charge and control;
(i) ‘ACPseamen’meansanyseamenwhoarenationalsofanon-
European signatory to the Cotonou Agreement.
Article 3
Principles and objectives underlying the implementation
of this Agreement
1. The Parties hereby undertake to promote responsible fish-
inginMozambicanwatersasprovidedforinFAO’sCodeofCon-ductforResponsibleFishingonthebasisoftheprinciplesofnon-discriminationbetweenthedifferentfleetsfishinginthosewaters.
2. The Parties shall cooperate with a view to monitoring the
resultsoftheimplementationofthefishingpolicyadoptedbytheMozambican Government and evaluating the measures, pro-grammes and actions carried out on the basis of this Agreementandshallestablish,tothisend,apoliticaldialogueinthefisheriessector.TheresultsoftheevaluationsshallbeanalysedbytheJointCommittee provided for in Article 9 of this Agreement.
3. ThePartiesherebyundertaketoensurethatthisAgreement
is implemented in accordance with the principles of good eco-nomic and social governance, respecting the state of fish stocks.4. The employment of Mozambican seamen on board Com-
munity vessels shall be governed by the International LabourOrganisation (ILO) Declaration on Fundamental Principles andRights at Work, which shall apply as of right to the correspond-ingcontractsandgeneraltermsofemployment.Thisconcernsinparticularthefreedomofassociationandtheeffectiverecognitionof the right to collective bargaining, and the elimination of dis-crimination in respect of employment and occupation. Non-Mozambican ACP seamen on board Community vessels shallenjoy the same conditions.
5. The Parties shall consult one another prior to adopting any
decisionthatmayaffecttheactivitiesofCommunityvesselsunderthis Agreement.
Article 4
Scientific cooperation
1. DuringtheperiodcoveredbythisAgreement,theCommu-
nity and the Mozambican authorities shall endeavour to monitorthe evolution of resources in Mozambique’s fishing zone.
2. The Parties undertake to consult one another, by means of
ajointscientificworkinggrouporwithintheinternationalorgani-sations concerned, to ensure the management and conservationof living resources in the Indian Ocean, and to cooperate in therelevant scientific research.
3. ThetwoParties,onthebasisoftheconsultationreferredto
in paragraph 2, shall consult one another within the Joint Com-mittee provided for in Article 9 and jointly adopt conservationmeasures for sustainable management of fish stocks affecting theactivities of Community vessels.
Article 5
Access by Community vessels to fisheries in Mozambican
waters
1. MozambiqueundertakestoauthoriseCommunityvesselsto
engage in fishing activities in its fishing zone in accordance withthis Agreement, including the Protocol and Annex thereto.
2. The fishing activities governed by this Agreement shall be
subject to the laws and regulations in force in Mozambique. TheMozambican authorities shall notify the Commission of anyamendments to that legislation.
3. Mozambique undertakes to take all the appropriate steps
required for the effective application of the fisheries monitoringprovisions in the Protocol. Community vessels shall cooperatewith the Mozambican authorities responsible for carrying outsuch monitoring.L 331/36
EN Official Journal of the European Union 17.12.2007
4. TheCommunityundertakestotakealltheappropriatesteps
required to ensure that its vessels comply with this Agreementand the legislation governing fisheries in Mozambique’s fishingzone.
Article 6
Licences
1. CommunityvesselsmayfishinMozambique’sfishingzone
only if they are in possession of a fishing licence on board, or acopy thereof, issued under this Agreement and the Protocolhereto.
2. The procedure for obtaining a fishing licence for a vessel,
thefeesapplicableandthemethodofpaymenttobeusedbyship-owners shall be as set out in the Annex to the Protocol.
Article 7
Financial contribution
1. TheCommunityshallgrantMozambiqueafinancialcontri-
butioninaccordancewiththetermsandconditionslaiddownintheProtocolandAnnexes.Thissinglecontributionshallbebasedon two elements, namely:
(a) access by Community vessels to Mozambican waters and
fisheries resources; and
(b) the Community’s financial support for promoting respon-
sible fishing and the sustainable exploitation of fisheriesresources in Mozambican waters.
2. The element of the financial contribution referred to in
paragraph1(b)shallbedeterminedinthelightofobjectivesiden-tified by common accord between the Parties in accordance withthe Protocol, to be achieved in the context of the sectoral fisher-ies policy drawn up by the Mozambican Government and anannual and multiannual programme for its implementation.
3. ThefinancialcontributiongrantedbytheCommunityshall
be paid each year in accordance with the Protocol and subject tothisAgreementandtheProtocolintheeventofanychangetotheamount of the contribution as a result of:
(a) serious circumstances other than natural phenomena which
are such as to prevent fishing activities in Mozambicanwaters;
(b) a reduction in the fishing opportunities granted to Commu-
nity vessels, made by mutual agreement for the purposes ofmanagingthestocksconcerned,wherethisisconsiderednec-essary for the conservation and sustainable exploitation ofresources on the basis of the best available scientific advice;(c) an increase in the fishing opportunities granted to Commu-
nity vessels, made by mutual agreement between the Partieswhere the best available scientific advice concurs that thestate of resources so permits;
(d) a reassessment of the terms of financial support for imple-
menting a sectoral fisheries policy in Mozambican, wherethis is warranted by the results of the annual and multian-nual programming observed by both Parties;
(e) termination of this Agreement under Article 12;(f) suspension of the application of this Agreement under
Article 13.
Article 8
Promoting cooperation among economic operators and
civil society
1. ThePartiesshallencourageeconomic,scientificandtechni-
cal cooperation in the fisheries sector and related sectors. Theyshall consult one another with a view to coordinating the differ-ent measures that might be taken to this end.
2. ThePartiesundertaketopromotetheexchangeofinforma-
tiononfishingtechniquesandgear,preservationmethodsandtheindustrial processing of fisheries products.
3. The Parties shall endeavour to create conditions favourable
to the promotion of relations between their enterprises in thetechnical,economicandcommercialspheres,byencouragingtheestablishment of an environment favourable to the developmentof business and investment.
4. The Parties undertake to implement a plan and actions
between Mozambican and Community operators aimed at pro-moting fish landing from Community vessels in Mozambique.
5. The Parties shall encourage, in particular, the setting-up of
jointenterprisesintheirmutualinterestwhichshallsystematicallycomply with Mozambican and Community legislation.
Article 9
Joint Committee
1. A Joint Committee shall be set up to monitor the applica-
tion of this Agreement. The Joint Committee shall perform thefollowing functions:
(a) monitoring the performance, interpretation and application
of this Agreement and, in particular, the definition of theannual and multiannual programming referred to inArticle 7(2) and evaluation of its implementation;
(b) providingthenecessaryliaisonformattersofmutualinterest
relating to fisheries;17.12.2007
EN Official Journal of the European Union L 331/37
(c) actingasaforumfortheamicablesettlementofanydisputes
regardingtheinterpretationorapplicationoftheAgreement;
(d) reassessing, where necessary, the level of fishing opportuni-
ties and, consequently, of the financial contribution;
(e) any other function which the Parties decide on by mutual
agreement.
2. TheJointCommitteeshallexerciseitsfunctionswithregard
to the results of consultation at scientific level referred to inArticle 4 of this Agreement.
3. The Joint Committee shall meet at least once a year, alter-
nately in Mozambique and in the Community, and shall bechaired by the Party hosting the meeting. It shall hold a specialmeeting at the request of either Party.
Article 10
Geographical area to which the Agreement applies
ThisAgreementshallapply,ontheonehand,totheterritoriesin
which the Treaty establishing the European Community applies,under the conditions laid down in that Treaty, and, on the other,to the territory of Mozambique.
Article 11
Duration
ThisAgreementshallapplyforfiveyearsfromthedateofitsentry
intoforce;itshallbetacitlyrenewedforadditionalperiodsoffiveyears, unless notice of termination is given in accordance withArticle 12.
Article 12
Termination
1. ApplicationofthisAgreementmaybeterminatedbyoneof
thePartiesintheeventofseriouscircumstances,otherthannatu-ral phenomena, which are beyond the reasonable control of oneof the Parties and are such as to prevent fishing activities inMozambican waters. This Agreement may also be terminated byeither Party in the event of degradation of the stocks concerned,the discovery of a reduced level of exploitation of the fishingopportunities granted to Community vessels, or failure to com-ply with undertakings made by the Parties with regard to com-bating illegal, unreported and unregulated fishing.
2. The Party concerned shall notify the other Party in writing
of its intention to withdraw from the Agreement at least sixmonthsbeforethedateofexpiryoftheinitialperiodoreachaddi-tional period.
3. Dispatchofthenotificationreferredtoinparagraph2shall
open consultations by the Parties.4. PaymentofthefinancialcontributionreferredtoinArticle7
fortheyearinwhichtheterminationtakeseffectshallbereducedproportionately and pro rata temporis .
Article 13
Suspension
1. ApplicationofthisAgreementmaybesuspendedattheini-
tiativeofoneofthePartiesintheeventofaseriousdisagreementas to the application of provisions laid down in the Agreement.Suspension of application of the Agreement shall require theinterested Party to notify its intention in writing at least threemonthsbeforethedateonwhichsuspensionisduetotakeeffect.On receipt of this notification, the Parties shall enter into consul-tations with a view to resolving their differences amicably.
2. PaymentofthefinancialcontributionreferredtoinArticle7
shall be reduced proportionately and pro rata temporis , according
to the duration of the suspension.
Article 14
Protocol and Annex
The Protocol, the Annex and Appendices hereto shall form an
integral part of this Agreement.
Article 15
National law
The activities of Community vessels operating in Mozambican
waters shall be governed by the applicable law in Mozambique,unless otherwise provided in this Agreement or the Protocol, itsAnnex and Appendices thereto.
Article 16
Repeal
On the date of its entry into force, this Agreement repeals and
replaces the Agreement between the European Community andthe Government of the Republic of Mozambique on fishing offthecoastofMozambiquewhichenteredintoforceon31Decem-ber 2003.
Article 17
Entry into force
This Agreement, drawn up in duplicate in the Bulgarian, Czech,
Estonian,Danish,Dutch,English,Finnish,French,German,Greek,Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portu-guese, Romanian, Slovak, Slovenian, Spanish and Swedish lan-guages, each of these texts being equally authentic. It shall enterinto force on 1 January 2007.L 331/38 EN Official Journal of the European Union 17.12.2007
PROTOCOL
setting out the fishing opportunities and financial contribution provid ed for in the fisheries
Partnership Agreement between the European Community and the Republic of Mozambique on
fishing off the coast of Mozambique for the period from 1 January 2007 to 31 D ecember 2011
Article 1
Period of application and fishing opportunities
1. For a period of five years from 1 January 2007, the fishing
opportunities granted under Article 5 of the Agreement shall beas follows:
Highly migratory species (species listed in Annex 1 to the 1982
United Nations Convention):
— freezer tuna seiners: 44 vessels,— surface longliners: 45 vessels.2. Paragraph 1 shall apply subject to Articles 4 and 5 of this
Protocol.
3. Vessels flying the flag of a Member State of the European
Community may fish in Mozambique’s fishing zone only if theyareinpossessionofafishinglicenceissuedunderthisProtocolinaccordance with the Annex hereto.
Article 2
Financial contribution — Methods of payment
1. The financial contribution referred to in Article 7 of the
Agreement shall comprise, for the period referred to in Article 1,anannualamountofEUR650 000equivalenttoareferenceton-nage of 10 000 tonnes per year and a specific amount ofEUR 250 000 per year for the support and implementation ofMozambique’ssectoralfisheriespolicy.Thisspecificamountshallbe an integral part of the single financial contribution defined inArticle 7 of the Agreement.
2. Paragraph 1 shall apply subject to Articles 4, 5, 6 and 7 of
this Protocol.
3. The Community shall pay the total amount referred to in
paragraph 1, i.e. EUR 900 000, each year during the period ofapplication of this Protocol.
4. If the overall quantity of catches by Community vessels in
Mozambicanwatersexceedsthereferencetonnage,theamountoftheannualfinancialcontributionshallbeincreasedbyEUR65foreach additional tonne caught. However, the total annual amountpaidbytheCommunityshallnotbemorethantwicetheamountequivalent to the reference tonnage (EUR 1 300 000). Where thequantities caught by Community vessels exceed the quantitiescorrespondingtotwicethetotalannualamount,theamountduefor the quantity exceeding that limit shall be paid the followingyear.5. Payment of the financial contribution referred to in para-
graph1shallbemadenolaterthan31October2007forthefirstyear and no later than 15 January 2008, 2009, 2010 and 2011for the following years.
6. Subject to Article 7, the Mozambican authorities shall have
full discretion regarding the use to which this financial contribu-tion is paid.
7. The financial contribution shall be paid into a Public Trea-
sury account opened at a financial institution designated by theMozambican Authorities.
Article 3
Cooperation on responsible fishing — Scientific
cooperation
1. The Parties hereby undertake to promote responsible fish-
ing in Mozambican waters.
2. DuringtheperiodcoveredbythisProtocol,theCommunity
and the Mozambican authorities shall monitor the evolution ofresources in Mozambique’s fishing zone.
3. As of the date of entry into force of this Protocol, the Par-
tiesshallestablishbymutualagreementthearrangementsforthescientific consultation provided for in Article 4(2) of the Agree-ment with a view to prepare the work of the Joint Committeereferred to in Article 9 of the Agreement.
Article 4
Review of fishing opportunities by mutual agreement
1. The fishing opportunities referred to in Article 1 may be
increased by mutual agreement provided that the conclusions ofthescientificmeetingreferredtoinArticle3(4)confirmthatsuchan increase will not endanger the sustainable management ofMozambique’s resources. In this case, the financial contribution
referred to in Article 2(1) shall be increased proportionately andpro rata temporis . However, the total amount of the financial con-
tributionpaidbytheEuropeanCommunitymaynotexceedtwicethe amount referred to in Article 2(1). Where the quantitiescaught by Community vessels exceed twice 10 000 tonnes, i.e.20 000 tonnes, the amount due for the quantity exceeding thatlimit shall be paid the following year.
2. Conversely, if the Parties agree to adopt a reduction in the
fishing opportunities referred to in Article 1, the financial contri-bution shall be reduced proportionately and pro rata temporis .17.12.2007
EN Official Journal of the European Union L 331/39
3. The allocation of the fishing opportunities among different
categories of vessels may also be reviewed, following consulta-tions and agreement between the Parties, provided that anychanges comply with recommendations made by the scientificmeeting referred to in Article 3 regarding the management ofstocksliabletobeaffectedbysuchredistribution.ThePartiesshallagree on the corresponding adjustment of the financial contribu-tionwheretheredistributionoffishingopportunitiessowarrants.
Article 5
New fishing opportunities
1. ShouldCommunityvesselsbeinterestedinfishingactivities
which are not indicated in Article 1, the Parties shall consult oneanother prior to authorisation by Mozambican authorities forthesenewactivities.Whereappropriate,thePartiesshallagreeonthe conditions applicable to these new fishing opportunities and,ifnecessary,makeamendmentstothisProtocolandtotheAnnexhereto.
2. The Parties shall promote exploratory fishing activities in
Mozambicanwaters.Inthisframework,wheneveroneofthePar-ties so requests, the Parties shall consult one another and deter-mine,onacase-to-casebasis,theconditionsandotherparametersfor these fishing activities.
The two Parties shall carry out exploratory fishing activities in
accordance with the parameters adopted by mutual agreementand with administrative provisions established to this effect. Theauthorisationsforexploratoryfishingshallbegrantedforamaxi-mum of six months.
WherethePartiesconcludethattheexploratoryfishingtripshave
produced positive results, the Mozambican Government mayaward new fishing opportunities for new species until the expiryof the Protocol. The financial contribution referred to inArticle 2(1) shall be increased accordingly.
Article 6
Suspension in the event of serious circumstances
1. Where serious circumstances, other than natural phenom-
ena, prevent fishing activities in Mozambican waters, the Euro-pean Community may suspend payment of the financialcontribution referred to in Article 2(1). The suspension decisionshall be taken following consultations between the two PartieswithinaperiodoftwomonthsfollowingtherequestofoneoftheParties, and provided that the Community has paid in full anyamounts due at the time of suspension.
2. Payment of the financial contribution shall resume as soon
as the Parties find, by mutual agreement following consultations,that the circumstances preventing fishing activities are no longerpresent and/or that the situation allows a resumption of fishingactivities.3. At the expiry of the suspension, the Parties shall agree on
the circumstances in which Community vessels may resumefishing.
Article 7
Promotion of responsible fishing in Mozambican waters
1. One hundred percent of the financial contribution referred
toinArticle2shallbeusedtosupporttheimplementationofthesectoralfishingpolicydrawnupbytheMozambicanGovernment.
Mozambique shall be responsible for managing the correspond-
ing amount, on the basis of the objectives identified by mutualagreement by the Parties and in accordance with the annual andmultiannual programming.
2. For the purposes of implementing paragraph 1, as soon as
this Protocol enters into force and no later than three monthsafter that date, the Community and Mozambique shall agree,withintheJointCommitteeprovidedforinArticle9oftheAgree-ment, on a multiannual sectoral programme and detailed imple-menting rules covering, in particular:
(a) annual and multiannual guidelines for using the percentage
of the financial contribution referred to in paragraph 1 andits specific amounts for the initiatives to be carried out in2007;
(b) the objectives, both annual and multiannual, to be achieved
withaviewtopromotingresponsiblefishingandsustainablefisheries, taking account of the priorities expressed byMozambique in its national fisheries policy and other poli-cies relating to or having an impact on the introduction ofresponsible fishing and sustainable fisheries, in particular interms of improving the health conditions of the productionoffisheryproductsandstrengtheningthemonitoringcapac-ity of the competent Mozambican authorities;
(c) criteria and procedures for evaluating the results obtained
each year.
3. Anyproposedamendmentstothemultiannualsectoralpro-
grammeoroftheuseofthespecificamountsfortheinitiativestobe carried out in 2007 must be approved by both Parties withinthe Joint Committee.
4. Eachyear,Mozambiqueshallallocatethesharecorrespond-
ing to the percentage referred to in paragraph 1 with a view toimplementing the multiannual programme. For the first year ofapplicationoftheProtocol,thatallocationmustbenotifiedtotheCommunity at the time when the multiannual sectoral pro-grammeisapprovedwithintheJointCommittee.Foreachyearofapplication of the Protocol thereafter, Mozambique shall notifytheCommunityoftheallocationnolaterthan1Septemberoftheprevious year.
5. Wheretheannualevaluationoftheprogressmadeinimple-
menting the multiannual sectoral programme so warrants, theEuropean Community may ask for the financial contributionreferred to in Article 2(1) of this Protocol to be readjusted with aview to bringing the actual amount of financial resources allo-cated to the implementation of the programme into line with itsresults.L 331/40
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Article 8
Disputes — suspension of application of the Protocol
1. Any dispute between the Parties over the interpretation of
this Protocol on its application shall be the subject of consulta-tionsbetweenthePartieswithintheJointCommitteeprovidedforinArticle9oftheAgreement,inaspecialmeetingifnecessary,inorder to reach an amicable settlement.
2. Where the amicable settlement referred to in paragraph 1
cannot be reached and without prejudice to Article 9, the appli-cation of the Protocol may be suspended at the initiative of oneParty if the dispute between the Parties is deemed serious.
3. Suspension of application of the Protocol shall require the
interested Party to notify its intention in writing at least threemonthsbeforethedateonwhichsuspensionisduetotakeeffect.
4. Intheeventofsuspension,thePartiesshallcontinuetocon-
sultwithaviewtofindinganamicablesettlementtotheirdispute.As soon as an amicable settlement is reached, application of thisProtocol shall resume and the amount of the financial contribu-tionshallbereducedproportionatelyand proratatemporis accord-
ing to the period during which application of this Protocol wassuspended.
Article 9
Suspension of application of the Protocol on grounds of
non-payment
SubjecttoArticle6,iftheCommunityfailstomakethepayments
provided for in Article 2, the application of this Protocol may besuspended on the following terms:
(a) If no payment is made within the period provided for in
Article 2(5) of this Protocol, the relevant MozambicanauthoritiesshallnotifytheEuropeanCommissionofthenon-payment. The latter shall carry out the requisite checks and,wherenecessary,transmitthepaymentwithinnomorethan
60 working days of the date of receipt of the notification;
(b) If the non-payment is confirmed or not adequately justified
within the period specified in (a), the relevant Mozambicanauthorities shall be entitled to suspend application of thisProtocol. They shall inform the European Commission ofsuch action forthwith;
(c) Application of the Protocol shall resume as soon as the pay-
ment concerned has been made.
Article 10
National law
Without prejudice to the provisions of the Agreement, this Pro-
tocol and the Annex and Appendices hereto, the activities ofCommunity vessels operating under the framework of this Pro-tocolandtheAnnexandAppendicesheretoshallbegovernedbythe applicable law in Mozambique.
Article 11
Repeal
The Annex to the Fisheries Agreement between the European
CommunityandtheGovernmentoftheRepublicofMozambiqueon fishing off the coast of Mozambique is hereby repealed andreplaced by the Annex to this Protocol.
Article 12
Entry into force
1. This Protocol with the Annex thereto shall enter into force
onthedateonwhichthePartiesnotifyeachotherofthecomple-tion of the procedures necessary for that purpose.
2. This Protocol and the Annex and Appendices thereto shall
apply with effect from 1 January 2007.17.12.2007 EN Official Journal of the European Union L 331/41
ANNEX
CONDITIONS GOVERNING ACTIVITIES BY COMMUNITY VESSELS IN MOZAMBIQUE’S FI SHING ZONE
CHAPTER I
Application for and issuance of fishing licences
SECTION 1
Issuance of licences
1. OnlyeligiblevesselsmayobtainalicencetofishinMozambique’sfishi ngzoneundertheProtocolestablishing,forthe
periodfrom1January2007and31December2011,thefishingopportunities andthefinancialcontributionprovided
for in the Fisheries Partnership Agreement between the European Communit y and the Republic of Mozambique.
2. Foravesseltobeeligible,neithertheowner,themasternorthevesseli tselfmustbeprohibitedfromfishinginMozam-
bique.Theymustbeinorder vis-à-vistheMozambicanfishingadministrationinsofarastheymusthavefulfille dallprior
obligations arising from their fishing activities in Mozambique under fi sheries agreements concluded with the
Community.
3. Community vessels applying for fishing licences may be represented by a n agent residing in Mozambique. The agent’s
name and address shall be attached in the fishing licence application.
4. The relevant Community authorities shall submit to the Ministry respon sible for fisheries in Mozambique an applica-
tion for each vessel wishing to fish under the Agreement at least 15 days bef ore the date of commencement of the
period of validity requested.
5. ApplicationsshallbesubmittedtotheMinistryresponsibleforfisher iesinaccordancewiththespecimeninAppendix1.
6. All fishing licence applications shall be accompanied by the following documents:
— proof of payment of the fee for the period of validity of the licence,— with the first application under the Protocol, a recent colour photograp h showing a side of the vessel in its cur-
rent state; the photograph shall be at least 15 cm by 10 cm,
— the vessel’s seaworthiness certificate,— the vessel’s registration certificate,— the vessel’s health conformity certificate issued by the competent Comm unity authority.
7. The fee shall be paid into the account specified by the Mozambican author ities in accordance with Article 2(7) of the
Protocol.
8. It shall include all local and national taxes with the exception of port t axes, transhipment tax and charges for the pro-
vision of services.
9. Fishinglicencesforallvesselsshallbeissuedtoshipownersortheirr epresentativesviatheEuropeanCommissionDel-
egation to Mozambique within 15 days of receipt of all the documents referr ed to in point 6 by the Ministry respon-
sibleforfisheriesinMozambique.Oncethefishinglicenceisissued,the Mozambicanauthoritiesshallimmediatelysend
acopythereoftotheownerofthevesselorhis/herrepresentativebythead equatemeansofcommunication(fax,elec-
tronic mail, etc.). A copy of the fishing licence is kept on board the vessel as proof of the fishing authorisation under
the Agreement. The authorities responsible for control shall be immediat ely informed of the issuing of the fishing
licence.
10. Where,atthetimeofsigning,theDelegationoftheEuropeanCommissio nwereclosed,thefishinglicencemaybegiven
to the vessel’s agent with a copy for the Delegation.L 331/42 EN Official Journal of the European Union 17.12.2007
11. Licencesshallbeissuedforaspecificvesselandshallnotbetransfer able.However,attherequestoftheEuropeanCom-
munityandwhere forcemajeure isproven,avessel’sfishinglicenceshallbereplacedbyanewfishinglic enceforanother
vessel of the same category as the first vessel with no further fee due. In th is case, the calculation of the catch levels to
determinewhetheranadditionalpaymentshouldbemadeshalltakeaccount ofthesumofthetotalcatchesofthetwo
vessels.
12. Theownerofthefirstvessel,orhis/herrepresentative,shallreturn thecancelledfishinglicencetotheMinistryrespon-
sible for fisheries in Mozambique via the European Commission Delegation .
13. The date of entry into force of the new fishing licence is the date indica ted therein. The European Commission Del-
egation to Mozambique shall be informed of the fishing licence transfer.
14. Fishinglicencesmustbeheldonboardatalltimeswithoutprejudiceto theprovisionsofpoint2ofChapterVIIIofthis
Annex.
SECTION 2
Licence conditions — fees and advance payments
1. Fishinglicencesshallbevalidforaperiodofnomorethanoneyear,from 1Januaryto31Decemberofeachyearatthe
latest. They shall be renewable.
2. The fee shall be EUR 35 per tonne caught within Mozambique’s fishing zone .
3. Fishing licences shall be issued once the following fixed amounts have b een paid to the competent national authorities:
— EUR 4 200 for each tuna seiner, equivalent to the fees due for 120 tonnes of h ighly migratory and related species
caught each year,
— EUR3500foreachsurfacelonglinerofmorethan250grosstonnes(GT),equ ivalenttothefeesduefor100tonnes
of highly migratory and related species caught each year,
— EUR 1 680 for each surface longliner of less than 250 gross tonnes (GT), equ ivalent to the fees due for 48 tonnes
of highly migratory and related species caught each year.
4. The final statement of the fees due for year n shall be drawn up by the Europ ean Commission by 31 July of year n + 1
at the latest, on the basis of the catch declarations made by each shipowner and confirmed by the scientific institutes
responsibleforverifyingcatchdataintheMemberStates,suchastheInst itutdeRecherchepourleDéveloppement(IRD),
theInstitutoEspañoldeOceanografía(IEO)andtheInstitutodeInvestig açãodasPescasedoMar(IPIMAR)viatheEuro-
pean Commission Delegation.
5. This statement shall be sent simultaneously to the Ministry responsibl e for fisheries in Mozambique and to the
shipowners.
6. Any additional payment shall be made by the shipowner to the competent Mo zambican national authorities by
30 August of the following year to the bank account specified in point 7 of Se ction 1 of this Chapter.
7. However,iftheamountofthefinalstatementislowerthantheadvancere ferredtoinpoint3ofthisSection,theresult-
ing balance shall not be reimbursable to the shipowner.
CHAPTER II
Fishing zones
Communityvesselsmaycarryoutfishingactivitiesonlybeyond12nautica lmilesfromthebaselineinaccordancewiththe
fishing zone defined in Appendix 4.
CHAPTER III
Catch reporting arrangements
1. For the purposes of this Annex, the duration of a fishing trip by a Communi ty vessel shall be defined as follows:
— the period elapsing between entering and leaving Mozambique’s fishing z one, or
— theperiodelapsingbetweenenteringMozambique’sfishingzoneandatra nshipmentinportand/oralandingin
Mozambique.17.12.2007 EN Official Journal of the European Union L 331/43
2. All vessels authorised to fish in Mozambican waters under the Agreement shall be obliged to notify the Ministry
responsible for fisheries in Mozambique of their catches so that the Mozam bican authorities can check the quantities
caught, which shall be validated by the competent scientific institutes i n accordance with the procedure referred to in
point 4 of Section 2 of Chapter I of this Annex. Catches shall be notified as f ollows:
2.1. duringanannualperiodofvalidityofthelicencewithinthemeaningo fpoint1ofSection2ofChapterIofthisAnnex,
declarations shall indicate the catches made by the vessel during each tri p. The original of the declarations shall be
transmitted on a physical medium to the Ministry responsible for fisherie s in Mozambique within 30 days following
theendofthelasttripmadeduringtheperiod.Atthesametime,acopythere ofshallbesentbyfaxorelectronicmail
to the flag Member State and to the Ministry responsible for fisheries of Mo zambique;
2.2. vessels shall declare their catches on the corresponding form in the l ogbook, in accordance with the specimen in
Appendix2.Thewords‘OutsideMozambique’sfishingzone’shallbeentere dinthelogbookinrespectofperiodsdur-
ing which the vessel is not in Mozambican waters;
2.3. the forms shall be filled in capital letters and legibly, and signed by the master of the vessel or by his or her legal
representative.
3. Where the provisions set out in this Chapter are not complied with, the Mo zambican Government reserves the right
to suspend the fishing licence of the offending vessel until formalities h ave been completed and to apply to the ship-
ownerthepenaltylaiddownincurrentMozambicanlegislation.TheEurope anCommissionandtheflagMemberState
shall be informed thereof.
CHAPTER IV
Transhipment and landings
The Parties shall cooperate with a view to improving landing or transhipme nt options in Mozambican ports.
CHAPTER V
Embarking seamen
1. Shipowners undertake to employ, for the tuna-fishing season in Mozambi que’s fishing zone, at least 20 % of seamen of
ACP origin, of which, if possible, at least 40 % are Mozambican.
2. Shipowners shall endeavour to sign on additional seamen of ACP origin.3. The International Labour Organisation (ILO) Declaration on Fundament al Principles and Rights at Work shall apply as
ofrighttoseamensignedonbyCommunityvessels.Thisconcernsinparticu larthefreedomofassociationandtheeffec-
tive recognition of the right to collective bargaining, and the eliminati on of discrimination in respect of employment
and occupation.
4. The employment contracts of Mozambican seamen shall be drawn up in accor dance with point 1 of this Chapter
between the shipowners’ representative(s) and the seamen and/or their tr ade unions or representatives. A copy of these
contracts shall be given to the signatories. These contracts shall guaran tee the seamen the social security cover appli-
cable to them, including life insurance, and sickness and accident insura nce.
5. The wages of the seamen shall be paid by the shipowners. They shall be fixe d by mutual agreement among the ship-
owners or their representatives and the authorities of the relevant ACP co untry prior to issuing fishing licences. How-
ever, the wage conditions granted to Mozambican seamen shall not be lower t han those applicable to crews from
Mozambique and shall under no circumstances be below ILO standards.
CHAPTER VI
Technical measures
Vesselsshallcomplywiththemeasuresandrecommendationsadoptedortob eadoptedbyregionalfishingorganisationsto
which the Parties are members concerning fishing methods, their technica l specifications and all other technical measures
applicable to their fishing activities.L 331/44 EN Official Journal of the European Union 17.12.2007
CHAPTER VII
Observers
1. Vessels authorised to fish in Mozambican waters under the Agreement sha ll take on board observers appointed by the
IOTC with prior communication thereof to the Mozambican authorities.
2. The conditions under which observers are taken on board shall be agreed b etween shipowners or their representatives
and the competent authority.
3. Attheendoftheobservationperiodandbeforeleavingthevessel,obser versshalldrawupanactivityreporttobetrans-
mitted to the competent authorities, with copies thereof to the Mozambica n Fisheries Administration and the vessel’s
captain.
CHAPTER VIII
Monitoring
1.Entering and leaving the zone
1.1. Community vessels shall notify, at least three hours in advance, the c ompetent Mozambican authorities responsible
for monitoring fishing of their intention to enter or leave Mozambique’s f ishing zone and declare overall quantities
and species on board.
1.2. When notifying leaving, vessels shall also communicate their positi on. This information should preferably be com-
municated by fax or, for vessels not equipped with a fax, by radio or electro nic mail.
1.3. Vesselsfoundtobefishingwithouthavingnotifiedtheirentryorfou ndtohaveleftwithoutnotifyingtheirexittothe
Mozambican fisheries administration shall be regarded as vessels in brea ch of the legislation.
1.4. Vessels shall be informed of the fax, telephone numbers and e-mail add ress when the fishing licence is issued.
2.Control procedures
2.1. The Mozambican authorities may allow an agent on board to inspect fish ing activities.
2.2. The master of the vessel shall make the existing communication media a vailable to the monitoring agent, authorise
access to all the vessel compartments and permit the collection of samples .
2.3. Themasterofthevesselshallprovidefood,accommodationandmedica lassistanceonthesameconditionsasforthe
vessel’s officers.
2.4. These officials shall not remain on board for longer than is necessary for the discharge of their duties.
2.5. Oncetheinspectionhasbeencompleted,theagentshallpreparearepo rt,ofwhichacopyshallbegiventothemaster
of the vessel.
3.Satellite monitoring
3.1. All Community vessels fishing under this Agreement shall be subject t o satellite monitoring in line with Appendix 3
— VMS protocol.
4.Boarding
4.1. The competent Mozambican authorities shall inform the flag State and the European Commission, within no more
than 24 hours, of all boardings and penalties imposed on Community vessels in Mozambique’s fishing area.
4.2. Intheeventofboardingofthevessel,thelattermaybe,onrequest,im mediatelyreleasedif,within72 hours,themas-
ter or the owner of the vessel pays a guarantee to be established on the basis of the relevant Mozambican legislation.
4.3. In the event of an infringement procedure, notification thereof shal l be sent to the Delegation of the European Com-
mission, the flag State and the owner of the vessel with a brief report of the circumstances and reasons leading to the
boarding.17.12.2007 EN Official Journal of the European Union L 331/45
5.Notice
5.1. The master of the vessel shall sign the notice drawn up by the competent Mozambican authority for the occurrence.
5.2. Thissignatureshallnotprejudicetherightsoranydefencewhichthe mastermaymaketotheallegedinfringement.If
the master refuses to sign this document, he or she shall specify the reason s for doing so in writing and the inspector
shall write ‘refusal to sign’ on it.
5.3. If the infringement is considered serious according to Mozambican la w, the master shall take the vessel to the port
indicated by the Mozambican authorities.
6.Statements
6.1. After the notice and the statement of boarding have been drawn up, the c ompetent bodies shall designate an investi-
gating officer who shall notify the alleged offender, the European Commis sion and the flag State’s representative to
allow them to make statements or provide evidence in their favour at a date a nd time indicated by them.
7.Settlement
7.1. The launch of a fishery infringement procedure shall be decided over a maximum period of 35 days as of the date in
whichtherelevantinvestigatingofficerisdesignated.Wheneverthecom plexityofthefisheryinfringementprocedure
so requires, the deadline specified in the above point may be prorogated by one period of 30 working days.
8.Transhipment
8.1. All Community vessels wishing to tranship catches in Mozambique’s po rts or port areas shall provide the competent
Mozambican authorities with at least 24 hour’s notice and await their prio r authorisation.
8.2. For the purposes of assessing the transhipment request, the shipowne rs of these vessels shall indicate the following:
— the port of transhipment,— the place where the operation shall take place, the date and time of transh ipment,
— the name of the fishing vessel or of other vessel involved in transhipment ,
— the tonnage by species to be transhipped.
8.3. TranshipmentshallbeconsideredasanexitfromMozambique.Thevess elsshallsubmittheircatchdeclarationstothe
Mozambican competent authorities and state whether they intend to contin ue fishing or leave Mozambique’s fishing
zone.
8.4. AnytranshipmentofcatchesnotcoveredaboveshallbeprohibitedinM ozambique’sfishingzone.Anypersoninfring-
ing this provision shall be liable to the penalties provided for by the Moza mbican legislation in force.
8.5. ThemastersofCommunityvesselsengagedinlandingandtranshipment operationsinaMozambicanportshallallow
and facilitate the inspection of such operations by Mozambican inspector s. Once the inspection and control in port
have been completed, an inspection report shall be issued and a copy thereo f given to the master of the vessel.L 331/46 EN Official Journal of the European Union 17.12.2007
Appendices
1. Fishing licence application form2. Logbook for tuna fishing3. VMS Protocol4. Mozambique’s fishing zone coordinates17.12.2007 EN Official Journal of the European Union L 331/47
APPENDIX 1
FISHING LICENCE APPLICATION MODEL FORM FOR INDUSTRIAL, SEMI-INDUSTRIAL FISHING AND
RELATED FISHING OPERATIONS
(PURSUANT TO ARTICLE 139)
Recto
L 331/48 EN Official Journal of the European Union 17.12.2007
Verso
17.12.2007 EN Official Journal of the European Union L 331/49
APPENDIX 2
Logbook for tuna fishery
L 331/50 EN Official Journal of the European Union 17.12.2007
APPENDIX 3
VMS PROTOCOL
Setting out the provisions applicable to satellite monitoring of Communi ty fishing vessels operating in
Mozambique’s fishing zone
1. The provisions of this Protocol supplement the Protocol setting out the fishing opportunities and financial contribu-
tion provided for in the Fisheries Partnership Agreement between the Euro pean Community and the Republic of
Mozambiquefortheperiodfrom1January2007to31December2011andapplyi naccordancewithpoint5of‘Chap-
ter VIII — Monitoring’ in the Annex thereto.
2. All fishing vessels with an overall length exceeding 15 metres operatin g under the Fisheries Agreement between the
European Community and Mozambique shall be monitored by satellite when fi shing in Mozambique’s fishing zone.
For the purposes of satellite monitoring, the latitude and longitude coor dinates of the Mozambique’s fishing zone are
given in Appendix 4.
The Mozambican authorities shall transmit this information in electroni c form, expressed in decimal degrees in the
WGS 84 system.
3. ThePartiesshallexchangeinformationonthespecificationsforelect ronicdatatransmissionbetweentheirControlCen-
tres in accordance with points 5 and 7. Such information shall include, as f ar as possible, names, telephone, telex and
fax numbers, and e-mail addresses (Internet or X.400) which may be used for general communications between Con-
trol Centres.
4. Thepositionofvesselsshallbedeterminedwithamarginoferrorofless than500 metresandaconfidenceintervalof
99 %.
5. WhenavesselwhichisfishingundertheAgreementandisthesubjectofsa tellitemonitoringpursuanttoCommunity
legislationentersMozambique’sfishingzone,thesubsequentpositionr eports(vesselidentification,longitude,latitude,
course and speed) shall be transmitted immediately by the Control Centre o f the flag State to Mozambique’s Fisheries
Monitoring Centre (FMC) at two-hour intervals. The messages concerned sh all be identified as position reports.
6. Themessagesreferredtoinpoint5shallbesentbyelectronicmailaccor dingtotheInternetsecurityprotocolorother
security protocol. They shall be sent in real time in the format set out in Ta ble II.
7. Where the continuous satellite monitoring equipment installed on boar d a fishing vessel develops a technical fault or
breaks down, the master of the vessel shall transmit the information speci fied in point 5 to the Control Centre of the
flag State and Mozambique’s FMC in good time. It will be necessary in those c ircumstances to send a global position
report on a nine-hourly basis. This global position report shall include t he position reports as recorded by the master
of the vessel on a three-hourly basis in accordance with the requirements l aid down in point 5.
The Control Centre of the flag State shall send these messages to Mozambiqu e’s FMC. The faulty equipment shall be
repaired or replaced within a period of not more than thirty calendar days. After this deadline, the vessel in question
must leave Mozambique’s fishing zone.
8. The Control Centres of the flag States shall monitor the movements of the ir vessels in Mozambican waters. If the ves-
sels are not being monitored in accordance with the conditions laid down, M ozambique’s FMC shall be informed as
soon as this is discovered and the procedure laid down in point 7 shall be app licable.
9. If Mozambique’s FMC establishes that the flag State is not transmitting the information specified in point 5, the com-
petent European Commission departments shall be informed immediately.
10. The monitoring data communicated to the other party in accordance with these provisions is intended solely for the
purposes of the Mozambican authorities in controlling and monitoring the Community fleet fishing under the Fisher-
ies Agreement between the European Community and Mozambique. Such data ma y not under any circumstances be
communicated to other parties.
11. The satellite monitoring system software and hardware components sha ll be reliable and shall not permit the input or
output of false positions or be capable of being manually overridden.17.12.2007 EN Official Journal of the European Union L 331/51
The system shall be fully automatic and operational at all times regardles s of environmental and weather conditions.
Destroying, damaging, rendering inoperative or tampering with the satel lite monitoring system shall be prohibited.
The master of the vessel shall ensure that:— data are not altered in any way,— the antenna or antennas connected to the satellite monitoring equipment are not obstructed,
— the power supply of the satellite monitoring equipment is not interrupte d, and
— the satellite monitoring equipment is not removed from the vessel.
12. The Parties agree to exchange upon request information on the equipmen t used for satellite monitoring, in order to
ensure that each piece of equipment is fully compatible with the requireme nts of the other Party for the purposes of
these provisions.
13. Any dispute over the interpretation or application of these provision s shall be the subject of consultation between the
Parties within the Joint Committee provided for in Article 9 of the Agreeme nt.
14. The Parties agree to review these provisions, as appropriate.
Transmission of VMS messages to Mozambique
Position report
Data Element CodeMandatory/
OptionalNotes
Start record SR M System detail — indicates start of record
Recipient AD M Message detail — recipient. Alpha 3 ISO country codeSender EN M Message detail — sender. Alpha 3 ISO country codeFlag State FS OType of message TM M Message detail — Message type ‘POS’Radio call sign RC M Vessel detail — international radio call sign of vesselContracting party internal
reference numberIR O Uniquecontractingpartynumber(flagStateISO-3codefol-
lowed by number)
External registration
numberXR M Vessel detail — number marked on side of vessel
Latitude expressed in
‘decimal numbers’LT M Vessel position detail — position in degrees, minutes and
seconds N/S +/- DD.ddd (WGS-84)
Longitude expressed in
‘decimal numbers’LG M Vessel position detail — position in degrees, minutes and
seconds E/W +/- DD.ddd (WGS-84)
Course CO M Vessel course 360° scaleSpeed SP M Vessel speed in tenths of knotsDate DA M Vessel position detail — date of record of TUC position
(YYYYMMDD)
Time TI M Vessel position detail — time of record of TUC position
(HHMM)
End record ER M System detail — indicates end of record
Character set: ISO 8859.1
Each data transmission is structured as follows:
— a double slash (//) and field code indicate the start of the message,
— a single slash (/) separates the field code and the data.
Optional data elements have to be inserted between the start and end of the r ecord.L 331/52 EN Official Journal of the European Union 17.12.2007
17.12.2007 EN Official Journal of the European Union L 331/53
APPENDIX 4
COORDINATES OF MOZAMBIQUE’S FISHING ZONE
L 331/54 EN Official Journal of the European Union 17.12.2007