COUNCIL REGULATION (EEC) No 2143/87

of 13 July 1987

concerning the conclusion of the Agreement between the European Economic Community and the Government of the People's Republic of Mozambique on fisheries relations

THE COUNCIL OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community, and in particular Article 43 thereof,

Having regard to the proposal from the Commission (1),

Having regard to the opinion of the European Parliament (2),

Whereas the Community and the People's Republic of Mozambique have negotiated and initialled an Agreement on fisheries relations which guarantees fishing opportunities for Community fishermen in waters over which Mozambique has sovereignty or jurisdiction;

Whereas it is in the Community's interest to approve this Agreement,

HAS ADOPTED THIS REGULATION:

Article 1

The Agreement between the European Economic Community and the Government of the People's Republic of Mozambique on fisheries relations is hereby approved on behalf of the Community.

The text of the Agreement is attached to this Regulation.

Article 2

The President of the Council is hereby authorized to designate the persons empowered to sign the Agreement in order to bind the Community (3).

Article 3

This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

(1) OJ No C 79, 26. 3. 1987, p. 4.

(2) Opinion delivered on 19 June 1987 (not yet published in the Official Journal).

(3) The date of entry into force of the Agreement will be published in the Official Journal of the European Communities by the General Secretariat of the Council.

AGREEMENT

between the European Economic Community and the Government of the People's Republic of Mozambique on fisheries relations

THE EUROPEAN ECONOMIC COMMUNITY,

hereinafter referred to as ‘the Community’,

and

THE GOVERNMENT OF THE PEOPLE'S REPUBLIC OF MOZAMBIQUE,

hereinafter referred to as ‘Mozambique’,

CONSIDERING the spirit of cooperation resulting from the Lomé Convention and the good cooperation relations which exist between the Community and Mozambique;

RECOGNIZING the importance of the rational conservation, management and exploitation of the marine resources;

RECALLING that, in particular in respect of sea fishing, Mozambique exercises its sovereignty or jurisdiction over a zone extending up to 200 nautical miles from its coast;

TAKING INTO ACCOUNT the signature by both Parties of the United Nations Convention on the Law of the Sea;

AFFIRMING that the exercise by coastal States of their sovereign rights in the waters within their jurisdiction for the purpose of exploring, exploiting, conserving and managing the living resources thereof must be in accordance with the principles of international law;

INSPIRED by the will to develop and intensify mutually advantageous cooperation in the field of fisheries;

DETERMINED to conduct their relations in a spirit of mutual trust and respect for each other's interests in the sphere of sea fishing;

DESIROUS of establishing the terms and conditions governing fishing activities of common interest to both parties,

HAVE AGREED AS FOLLOWS:

Article 1

The purpose of this Agreement is to establish the principles and rules which will in future govern, in all respects, the fisheries relations between the Community and Mozambique including fishing by vessels flying the flag of a Member State of the Community, hereinafter referred to as ‘Community vessels’, in the waters over which Mozambique has sovereignty or jurisdiction in respect of fisheries in accordance with the provisions of the United Nations Convention on the Law of the Sea and other rules of international law, hereinafter referred to as ‘Mozambique's waters’.

Article 2

1. Mozambique shall permit fishing by Community vessels in Mozambique's waters in accordance with this Agreement.

2. The fishing activities under this Agreement shall be subject to the laws of Mozambique.

Article 3

1. The Community undertakes to take all appropriate steps to ensure that its vessels observe the provisions of this Agreement and the laws relating to fishing in Mozambique's waters consistent with the provisions of the United Nations Convention on the Law of the Sea and other rules of international law.

2. The authorities of Mozambique shall notify the Commission of the European Communities of any change to the said laws.

3. The measures taken by Mozambican authorities to regulate fisheries for the purpose of conservation shall be based on objective and scientific criteria and shall apply equally to Community and other third country vessels without prejudice to special arrangements between developing States within the same geographical area, including reciprocal fishing arrangements.

Article 4

1. Fishing activities by Community vessels in Mozambique's waters under the present Agreement shall be subject to possession of a fishing licence issued at the Community's request by the authorities of Mozambique.

2. The authorities of Mozambique will issue fishing licences within the limits laid down in the Protocol referred to in Article 8 of this Agreement.

3. Licences shall be valid in the zones defined in the Annex.

4. Licences shall be valid, at the request of the shipowner, for periods defined in the Annex.

5. A licence shall be issued for a given vessel and shall not be transferable.

6. At the request of the Community, a vessel's fishing licence may, and in the case of force majeure will, be replaced by a licence for another vessel of which the fishing capacity does not exceed that of the vessel to be replaced.

Article 5

1. Fishing licences shall be issued by the authorities of Mozambique subject to payment of a fee by the shipowner concerned.

2. The fee for a tuna-fishing licence shall be set per tonne of tuna caught in Mozambique's waters; the fee for shrimp trawlers shall be set according to the number of gross registered tonnes admissible under the licences.

3. The amount of these fees and the methods of payment are set out in the Annex.

Article 6

The Parties undertake to consult each other, either directly or within international organizations, to ensure the management and conservation of the living resources in the Indian Ocean and to cooperate in the relevant scientific research.

Article 7

The vessels authorized to fish in Mozambique's waters in the framework of this Agreement are obliged to communicate to the competent services of Mozambique the statements of catch and other relevant information according to the modalities defined in the Annex.

Article 8

In return for the fishing opportunities granted under Article 2, the Community will pay, in accordance with the conditions and arrangements stipulated in the Protocol annexed to this Agreement a financial contribution to Mozambique, without prejudice to the financing received by Mozambique under the Lomé Convention.

Article 9

1. The Parties agree to consult on questions relating to the implementation and proper functioning of this Agreement.

2. In the event of a dispute concerning the interpretation or application of this Agreement, such dispute shall be the subject of consultation between the Parties.

Article 10

1. With the aim of adopting practical measures for the application of the present Agreement, the Parties agree to constitute a Joint Committee. This Committee shall have the following competences:

— to oversee the implementation, interpretation and proper functioning of the said Agreement;

— to ensure the necessary liaison concerning matters of common interest;

— to agree upon: — licence fees for vessels fishing for shrimps, — the quantitative limits for the species referred to in Articles 1 (1) and 1 (2) of the Protocol.

2. The Joint Committee will at least meet annually, preferably during the third quarter, alternatively in the People's Republic of Mozambique and the Community, or extraordinarily at the request of either Party, the date and location to be agreed.

3. The Parties shall consult at least 30 days in advance regarding the date and agenda for the Joint Committee meeting.

Article 11

Should the authorities of Mozambique decide, as a result of developments in the state of stocks, to take conservation measures which affect the activities of Community vessels, consultations shall be held between the Parties in order to adapt the Annex and the Protocol attached to this Agreement.

Such consultations will be based on the principle that any substantial reduction of the fishing rights provided for in the Protocol shall lead to an equivalent reduction of the financial compensation to be paid by the Community.

Article 12

Nothing in this Agreement shall affect or prejudice in any manner the view of either Party with respect to any matter relating to the Law of the Sea.

Article 13

This Agreement shall apply, on the one hand, to the territories in which the Treaty establishing the European Economic Community is applied and under the conditions laid down in that Treaty and, on the other hand, to the territory of the People's Republic of Mozambique.

Article 14

The Annex and the Protocol shall form an integral part of this Agreement and a reference to this Agreement shall also constitute a reference to the Annex and Protocol.

Article 15

This Agreement shall be concluded for an initial period of five years from the date of its entry into force. Unless one of the Parties denounces it by giving notice to that effect six months before the date of expiry of the five-year period, it shall remain in force for further periods of two years unless denounced by notice given at least three months before the date of expiry of each such two-year period.

At the end of the five-year period, and thereafter at the end of each two-year period, and at the end of the duration of the Protocol, the Contracting Parties shall enter into negotiations to determine by common agreement what amendments or additions to the Annex or Protocol are required. In the event of a Contracting Party giving notice denouncing the Agreement, the Contracting Parties shall enter into negotiations.

Article 16

This Agreement, drawn up in duplicate in the Danish, Dutch, English, French, German, Greek, Italian, Portuguese and Spanish languages, each of these texts being equally authentic, shall enter into force on the date of its signature.