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isr**g|s. COMMISSION OF THE EUROPEAN COMMUNITIES 
sat. 
m COM(90) 244 final 
Brussels, 11 June 1990 
Proposal for a 
COUNCIL REGULATION (EEC) 
on the conclusion of the Agreement between the European Economic Community 
and the United Republic of Tanzania on fishing off Tanzania 
(presented by the Commission) 
z 
EXPLANATORY MEMORANDUM 
Given the interest of Community fleets in fishing in the 
Indian Ooean and following the agreements already reached by 
the Community with certain states in the region, in 
particular the Seychelles, Madagascar, Mozambique and the 
Comoros Islands, negotiations took plaoe in Dar-Es-Salaam 
from 12 to 15 March 1990 between the Community and the 
United Republic of Tanzania with a view to concluding a 
fishing agreement. 
The negotiations were successful, and a fishing agreement 
between the Community and United Republic of Tanzania was 
initialled in Dar-Es-Salaam on 15 March 1990. The Agreement 
provides fishing opportunities over a period of three years 
for 46 tuna seiners and for 8 surface longliners fishing for 
tuna and other migratory species. 
In return for these fishing possibilities the Community will 
pay a financial compensation of 350,000 ECU a year for a 
period of three years. If annual catohes exceed 7,000 
tonnes, the financial compensation will be increased 
proportionately. In addition, the Community will pay a 
contribution of 430,000 ECU over three years to finanoe 
Tanzanian soientifio and teohnloal programmes and 200,000 
ECU for study or training awards in subjects relating to 
fisheries. 
For their part, shipowners will be required to pay fees as 
follows : 
- for tuna seiners : 1,000 ECU per vessel plus 20 ECU 
per tonne caught in excess of 50 
tonnes ; 
- for longliners : 200 ECU per vessel plus 20 ECU per 
tonne caught in excess of 10 
tonnes. 
The Commission proposes that the Council should, without 
delay and after consulting the European Parliament, approve 
the Agreement between the European Economic Community and 
the United Republic of Tanzania on fishing off Tanzania, by 
adopting the Regulation attached hereto. 
Proposal for a 
COUNCIL REGULATION (EEC) 
on the conclusion of the Agreement between the European Economic Community 
and the United Republic of Tanzania on fishing off Tanzania 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European 
Eoonomio Community, and in particular Article 43 thereof, 
Having regard to the proposal from the Commission, 
Having regard to the opinion of the European Parliament^1), 
Whereas the Community and the United Republic of Tanzania 
have negotiated and initialled an Agreement on fishing which 
provides fishing opportunities for Community fishermen in 
waters over which Tanzania has sovereignty or jurisdiction; 
Whereas it is in the Community's interest to approve this 
Agreement, 
HAS ADOPTED THIS REGULATION : 
Artiole 1 
The Agreement between the European Eoonomio Community and 
the United Republic of Tanzania on fishing off Tanzania is 
hereby approved on behalf of the Community. 
(1) OJ n* 
y 
The text of the Agreement is attached to this Regulation 
Article 2 
The President of the Counoil is hereby authorised to 
designate the persons empowered to sign the Agreement in 
order to bind the Community. 
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 
direotly applicable in all Member States. 
Done at Brussels 
For the Council 
The President 
DRAFT 
AGREEMENT 
BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND 
THE UNITED REPUBLIC OF TANZANIA 
ON FISHING OFF TANZANIA S 
c 
THE EUROPEAN ECONOMIC COMMUNITY. 
hereinafter referred to as the* "Community**. and 
THE UNITED REPUBLIC OF TANZANIA. 
hereinafter referted to as "Tanzania". 
CONSIDERING the spirit of co-operation resulting from the ACP-EEC 
Convention and the good co-operation relations which exist between the 
Community and Tanzania; 
CONSIDERING the wish of Tanzania to promote the rational exploitation of 
its fishery resources by means of intensified co-operation; 
RECALLING that the Community and Tanzania are signatories to the United 
Nations Convention on the Law of the Sea and that, in accordance with that 
Convention, Tanzania has established an exclusive economic zone extending 
200 nautical miles from its shores within which it exercises its sovereign 
rights for the purpose of identifying, exploiting, conserving and managing 
the resources of the said zone, in accordance with the principles of 
international law; 
DESIROUS to develop and intensify mutually advantageous co-operation in 
the field of fisheries; 
DETERMINED to conduct their relations in a spirit of mutual trust and 
respect for each other's interest in the sphere of sea fishing; mr <& 
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DESIROUS of establishing the terms and conditions governing activities 
of common interest to both parties. 
HAVE AGREED AS FOLLOWS : 
ARTICLE 3 
The purpose of this Agreement is to establish the principles and rules 
which will in future govern, in all respects, the fishing activities of 
vessels flying the flags of Member States of the Community, hereinafter 
referred to as "Community vessels", in the waters over which Tanzania has 
sovereignty or jurisdiction in respect of fisheries, hereinafter referred 
to as "Tanzania's fishing zone", in accordance with the provisions of the 
United Nations Convention on the Law of the Sea and other rules of 
international law. 
A R T I C L E 2 
1. Tanzania shall permit fishing bv- Community vessels in Tanzania's 
fishing zone in accordance with this Agreement. 
2. These fishing activities snail be subject to the laws of Tanzania. 
£ 
ARTICLE 3 
1. The Community undertakes to take all necessary steps to ensure that 
Community vessels observe the provisions of this Agreement and the 
laws relating to fishing in Tanzania's fishing zone consistent with 
the provisions of the United Nations Convention on the Law of the 
Sea and other rules of international law. 
2. The Tanzanian authorities shall notify the Commission of the 
European Community of any change to the said laws. 
ARTICLE 
1. Fishing activities by Community vessels in Tanzania's fishing zone 
under the present Agreement shall be subject to possession of a 
valid fishing licence. 
2. Licences will be issued by the Tanzanian authorities within the 
limits laid down in the Protocol. 
3. The issue of a licence by the Tanzanian authorities at the 
Community's request shall be subject to payment of a licence fee 
by the shipowner concerned. 
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4. The formalities for making applications for licences, their period 
of validity, the amount of the fee, the payment provisions and the 
permitted fishing zones shall all be as specified in the Annex. 
5. A licence shall be issued for a given vessel and shall not be 
transferable. 
ARTICLES 
The Parties undertake to coordinate action, either directly or within 
international organizations, to ensure the management and conservation of 
the living resources in the Indian Ocean, particularly in respect of 
highly migratory species, and to facilitate the relevant scientific 
research. 
ARTICLE 6 
Vessels authorized to fish in Tanzania's fishing zone under this Agreement 
shall be obliged to communicate to the Tanzanian authorities statements 
of catch and other relevant information in accordance with the provisions 
of the Annex. 
1o 
ARTICLE 
In return for the fishing opportunities accorded under Article 2, the 
Community shall make payments to Tanzania in accordance with the 
provisions of the Protocol, without prejudice to the financing for which 
Tanzania is eligible under the ACP-EEC Convention. 
7#~~" 
/ ARTICLE 8 
1. Without prejudice to the exercise by Tanzania of sovereignty or 
jurisdiction over Tanzania's fishing zone, the Parties agree to 
establish a Joint Committee to oversee the implementation, 
interpretation and proper functioning of this Agreement. 
2. The Joint Committee shall meet at the request of either party. The 
parties shall consult at least 30 days in advance regarding the date 
and agenda for meetings of the Joint Committee. 
3. In the event of a dispute concerning the interpretation or 
application of the Agreement, such dispute shall be the subject of 
consultation between the Parties. 
/M 
ARTICLE 
1. Should the Tanzanian authorities decide, as a result of developments 
in the state of stocks, to take conservation measures which affect 
the activities of Comnunity vessels, consultations shall be held 
between the Parties in order to adapt the Annex and Protocol 
attached to this Agreement. 
2. 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. 
3. Any conservation measures taken by the Tanzanian authorities 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 10 
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. 
siL 
ARTICLE 11 
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 United Republic of Tanzania. 
ARTICLE i2 
The Annex and the Protocol attached to this Agreement form an integral 
part of the Agreement and, unless otherwise specified, a reference to the 
Agreement shall also constitute a reference to them. 
ARTICLE 13 
1. The Agreement shall be concluded for an initial period of three 
years from the date of its entry into force. Unless one of the 
Parties terminates it by giving notice to that effect at least six 
months before the date of expiry of the three year period, it shall 
remain in force for further periods of three years unless denounced 
by notice given at least three months before the date of expiry of 
each such three year period. 
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2. In the event of a Contracting Party giving notice denouncing the 
Agreement, the Contracting Parties shall enter into negotiations. 
Before the end of the period of validity 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. They may also enter into negotiations at 
any other time by common agreement. 
ARTICLE 14 
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. 
••} y 
ANNEX 
Conditions for the pursuit of fishing activities by Community vessels in 
Tanzania's fishing zone ; 
1. Licence application and issuing formalities 
a) The Commission of the European Communities shall present to 
the Tanzanian Ministry responsible for Fisheries via the 
Delegation of the Commission of the European Communities in 
Tanzania an application, made by the shipowner, for each 
vessel that wishes to fish under this Agreement, at least 30 
days before the date of commencement of the period of 
validity requested. Each application shall be accompanied 
by documentary proof of payment of the appropriate licence 
fee. The application shall be made on the forms provided 
for that purpose by Tanzania, a specimen of which is at 
appendix I. 
b) Every licence shall be issued to the shipowner for one 
designated vessel. At the request of the Commission of the 
European Communities, the licence for a vessel «nay and. in 
cases of force majeure, will be replaced by a licence for 
another Community vessel, having the same characteristics. 
In the latter case, no fee is due for the remaining period 
of validity. 
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c) The licences shall be collected from the Tanzanian 
authorities by the Delegation of the Commission of the 
European Communities in Tanzania fifteen working days after 
submission of the applications. 
d) The licence document must be held on board at all times. 
e) The Tanzanian authorities shall communicate before the date 
of entry into force of the agreement, the arrangements for 
payment of the licence fees, and in particular the details 
of the bank account and the currency to be used. 
f) The licence fee includes all national and local taxes with 
the exception of charges for services. 
2. Validity of licences and payment provisions 
a) Licences shall be valid for a period of one year. They are 
renewable. 
b) The fees shall be set at 20 ECU per tonne caught within 
Tanzania's fishing zone. Licences shall be issued following 
advance payment to Tanzania of a lump sum of 1.000 ECU a year 
for each tuna seiner, equivalent to the fees for 50 tonnes 
of tuna caught within Tanzania's fishing zone per year and 
AG 
$e~ a lump sum of 200 ECU a year for each surface longliner 
equivalent to the fees for 10 tonnes of tuna and other 
migratory species caught within Tanzania's fishing zone per 
year. 
The final statement of the fees due for the fishing year in 
respect of each vessel shall be drawn up by the Commission 
of the European Communities on the basis of the catch 
statements made by the shipowners (a specimen of which is at 
Appendix 2), confirmed by the scientific institutes 
responsible for verification of the catch figures (ORSTOM and 
the Spanish Océanographie Institute). Any additional payment 
due shall be paid by the shipowners within 30 days into an 
account specified by the Tanzanian authorities. 
If the amount of the sum due for actual fishing operations 
does not equal the advance pavment, the corresponding 
outstanding sum shall not be recoverable by the shipowner. 
Observers 
a) At the decision of the Tanzanian authorities, vessels shall 
take on board an observer designated by these authorities in 
order to check catches made in Tanzania's fishing zone. 
Observers shall have all facilities necessary for the 
performance of these duties including access to places and 
documents. An observer must not be present for longer than 
the time required to fulfill his duties. They shall be 
provided with suitable food and accommodation while on board. 
1 -} 
The salary and social contributions of the observer shall be 
borne by the Tanzanian authorities. Should a vessel with 
a Tanzanian observer on board leave Tanzania's fishing zone 
every step will be taken to ensure that the observer returns 
to Tanzania as soon as possible, at the shipowner's expense. 
b) Vessels may be requested by the Tanzanian authorities to 
take on board a biologist under the same conditions as those 
laid down above. Vessels shall not be required to take on 
board an observer and a biologist at the same time. 
4. Radio Communications 
While they are engaged in fishing activities in Tanzania's fishing 
zone, vessels shall communicate their position and catches every 3 
days. Vessels shall also communicate their position and the 
volume of the catches on board when entering and leaving Tanzania's 
fishing zone. The radio call sign, frequency and working hours 
of the radio station shall be annexed to the licence. 
5. Fishing zones 
Community vessels shall have access to all of Tanzania's fishing 
zone. 
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6. Prohibition of firearms 
Firearms, including those for self-defence purposes, shall be 
forbidden on all vessels authorised to fish in Tanzania's fishing 
zone. 
7. Property of rare species 
All marine species, whose preservation is justified due to their 
rarity or for biological research needs, and which are caught by a 
Community vessel fishing in Tanzania's fishing zone shall be the 
property of the Tanzanian authorities and shall be delivered, as 
soon as possible and in the best possible condition, te a Tanzanian 
port free of charge. 
8. Infringements 
a) Infringements shall be penalised in accordance with Tanzanian 
law. 
b) The Delegation of the Commission of the European Communities 
in Tanzania shall be notified within 48 hours of any alleged 
infringement by a vessel holding a valid licence granted 
under this Agreement together with a brief report of the 
circumstances. 
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9. Inspection 
Vessels shall also allow on board, and assist in the accomplishment 
of their duties, any other Tanzanian official responsible for 
inspection and monitoring. 
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APPENDIX I 
APPLICATION FOR A LICENCE TO FISH FOR TUNA IN 
TANZANIA'S FISHING ZONE 
PART A 
Name of owner 
Address of owner : 
Business address of owner 
PART B 
To be compJeted for each vessel 
I. Period of validity 
2. Name of vessel 
3. Year of construction 
4. Original flag country 
5. Currently flying the flag of 
6. Year of acquisition 
7. Port and Registration number 
8. Fishing method 
9. Gross Registered Tonnage (GRT) 
10. Radio call signal 
11. Overall length (M) 
12. Bow (M) 
13. Depth (M) 
14. Construction material of the hull 
15. Engine power (BHP) 
16. Speed (knots) l A 
Sk 
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17. Cabin capacity 
18. Fuel tanks capacity (m ) 
19. Freezing capacity (tonnes/24hrs) and freezing system used 
20. Colour of the hull 
21. Colour of the superstructure 
22. Communication equipment on board 
Type Brand Model Power ! Year of ; Frequencies; 
(Vattsï! Constru-I 
! ction ! Rece-!Trans-! 
: : ption!miss ion 
W 
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24. Navigation and detection equipment installed 
Type Brand Model 
Initial applications must be accompanied by two side view colour 
photographs of the vessel. 
I certify that the above particulars are correct. 
Date Signature : 

c S 
PROTOCOL SETTING OUT THE FISHING OPPORTUNITIES AND FINANCIAL 
PAYMENTS PROVIDED FOR UNDER THE AGREEMENT 
BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND 
THE UNITED REPUBLIC OF TANZANIA ON FISHING 
OFF TANZANIA 
ic 
ARTICLE 1 
1. Pursuant to Article 2 of the Agreement, and for a period of three 
years from the date of its entry into force, the following fishing 
possibilities shall be accorded : 
for ocean-going tuna seiners : licences for 46 vessels 
for surface longliners fishing for tuna and other migratory species: 
Licences for 8 vessels. 
2. In addition, consideration will be given, at the first or at a 
subsequent meeting of the Joint Committee referred to in Article 8 
of the Agreement, to granting authorisation for fishing 
possibilities for demersal and Crustacea species on terms to be 
established by that Committee including the corresponding Community 
financial compensation. 
ARTICLE 
1. The financial compensation referred to in Article 7 of the Agreement 
should be set at 1,050,000 ECU for the duration of this protocol, 
to be paid in three equal annual instalments. 
2. This amount shall cover the fishing activities referred to in 
Article 1 up to a catch weight in Tanzania's fishing zone of 
"7 
7,000 tonnes of tuna and other migratory species fished per year. 
If the annual amount caught by Community vessels in Tanzania's 
fishing zone exceeds this quantity, the above mentioned 
compensations shall be increased by 50 ECU for each additional tonne 
caught. 
3. The use to which this compensation is put shall be the sole 
competence of Tanzania. 
4. The financial compensation shall be paid into an account opened at 
a financial institution or other body designated by Tanzania. 
ARTICLE 
1. The Community shall also pay. during the period referred to in 
Article 1, a contribution of 430.000 ECU towards the financing of 
scientific and technical programmes (including equipment, 
infrastructure, etc.) in order to improve knowledge of fish stocks 
in Tanzania's fishing zone and the purchase and/or maintenance of 
equipment to improve the administrative structure relating to 
fisheries in Tanzania. Of this amount, up to 130.000 ECU may be 
used, at the request of the Tanzanian authorities, to cover 
Tanzania's contribution to international organisations responsible 
for fisheries management and/or research in the Indian Ocean 
2. The competent Tanzanian authorities shall send to the Commission a 
brief report on the utilisation of the funds. 
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The Community's contribution to the scientific and technical 
programmes shall be paid on each occasion into an account specified 
by the Tanzanian Authorities. 
ARTICLE 4 
The two Parties hereby agree that an essential condition for the 
success of their cooperation is that the skills and know-how of 
persons engaged in fishing be improved. To this end, the Community 
will assist Tanzanian nationals in finding places in establishments 
in its Member States or States with which it has concluded 
cooperation agreements and will make available an amount of 200.000 
ECU for study or practical training awards with a maximum duration 
of 5 years in the various scientific, technical and economic 
subjects relating to fisheries. Of this amount, up to 50.000 ECU 
may be used, at the request of the Tanzanian authorities, to cover 
the cost of attending international meetings relating to fisheries. 
ARTICLE 5 
Should the Community fail to make the payments referred to in 
Article 2 and 3, the Agreement on fishing may be suspended. 
T± 
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FINANCIAL STATEMENT 
Date 
1. Budget lins connected : 422 
2. Action : * EEC/Tanzania Fishing Agreement 
3. Legal basis : EEÇ/Tanzania Agreement on fishing in Tanzanian waters 
4. Objectives : Agreement, Protocols and Annex covering a period of three years 
- financial compensation - fishing rights 
- financing of a scientific programme 
- financing of study grants 
5. Financial cfnseqranœ : 
5.0 EJçenditure 
-charged to the EC budget 
(refunds/interventions) 
-charged to national administr. 
-charged to other national groups 
5.1 Receipts 
-own resources of the EC 
(levies/custons duties) 
-national for the marketing year current financial year 
(1990 
560,000 ECU f(allowing financial year 
(1991) 
560,000 ECU 
Year •••IT**>• • • • Year • •••'•%••'•••• 
5.0.1 Pluriannual pattern of expenditure 560. 000 ECU 560. 000 ECU 
5.1.1 Pluriannual pattern of receipts (annual average) (annuat average) Year ....J2??... 
560.000 ECU 
(annual average) 
5.2 Method of calculation 
- Financial compensation - total cost : 1,050,000 ECU 
- annual cost : 350,000 ECU 
- Financing of scientific programme : ^JQ^QQQ ECU over three years , averaging 
i*t«j,jjj tLU per year 
_ Study grants ; 200^000 ECU over three vearsr averaging 66.666 ECU per year. 
6.0 Financing possible with credits inscribed in relevant chapter of current budget? M/NO 
6.1 Financing possible by transfer between chapters of current budget? IlifcO 
6.2 Necessity for a supplementary budget? m/to 
6.3 Credits to be written into future budgets? 
Oooments : m^o 
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COMPETITIVENESS AND EMPLOYMENT IMPACT STATEMENT 
The objt-ct of this measure is to obtain fishing possibi Li t S es for 
Communi'.y fishermen. It will involve undertakings in certain 
obligations (e.g. the payment of licence fees) but these will be clearly 
outweighed by the benefit of increased employment which will result. 
RAPPORT DE L'IMPACT SUR LA COMPETITIVITE ET L'EMPLOI 
L'objet de cette mesure est d'obtenir des possibilités de pêche pour 
les pê:heurs de la Communauté. 
Cela inplique l 'engagement dans certaines obligations (entre autres 
paieme t des redevances de licences) mais celles-ci seront nettement 
dépassées par le bénéfice de l'augmentation de l'emploi. 
in 
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