COMMISSION OF THE EUROPEAN COMMUNITIES 
C0M(89) 619 final 
Brussels, 12 December 1989 
Proposal for a 
COUNCIL DECISION 
on the conclusion of the Agreement in the form of an exchange of 
letters concerning the provisional application of the Protocol 
establishing, for the period from 1 January 1990 to 31 December 1991, 
the fishing opportunities and the financial contribution 
provided for in the Agreement between the 
European Economic Community and the Government of the 
People's Republic of Mozambique on fisheries relations 
Proposal for a 
COUNCIL REGULATION (EEC) 
relating to the conclusion of the Protocol establishing, for the 
period from 1 January 1990 to 31 December 1991, the fishing oppor­
tunities and the financial contribution provided for in the 
Agreement between the European Economic Community and the 
People's Republic of Mozambique on fisheries relations 
(presented by the Commission) 
EXPLANATORY MEMORANDUM \jy>~* d>1 5 
The Protocol to the Fisheries Anteement between the Emopean Economic 
Community and the Government of the People's Republic of Mozambiaue, sigr.ed 
on 30 September 1988, expires on 31 December 1989. 
In accordance with Article 15 of the Agreement, the contracting parties 
held negotiations in Maputo from 11 to 13 September 19R9 with a view to 
revising the saic Protocol. A new Protocol eatenlishina the fishing 
opportunities anc financial contribution for the perioc from 1 January 1990 
to 31 December 1991, was initial lea on 13 September. In oroer to avoid any 
interruption of fishing activités by Community vessels, an exchange of 
letters on the provisional application of this new Protocol from 1 January 
1990 was also initialled. 
The Protocol provioes for the following fiahinq opportunities for a period 
of two years between 1 January 1990 and 31 December 1991 : 
- ocean going tuna seiners : licences for 44 vessels 
- deep water shrimp trawlers : 1,100 CRT per month on a yearly averaqe 
- deep-water and shallow-water shrimp tiawlers : 3,700 CRT per month on a 
yearly average. 
In the case of shrimp trawlers, these opportunities are the same as those 
provided for under the original Protocol, but in the case of tuna vessels 
the number of licences has been increasec from 40 to 44. 
The Protocol also provioes for two Community trawlers to undertake a 
reconnaissance campaign, with the cooperation of Mozambican ana Community 
scientists, in orcer to fine new resources in Mozambiques' waters. In the 
light of the results of this campaign it will he open to the Community to 
apply for licences for aooitional trawlei.s to fish in Mozambiques' weters 
In order to protect limitée stocks, a ceilinq of 1,200 tonnes for 
aeep-water shrimp, 1,000 tonnes for shallow-watei shrimp ana 200 tonnes for 
deep-water crab has been laid cown in the Protocol. This quota will be 
reviewea for the second year of application of the new Protocol. 
The Community will pay a basic 2,150,000 ECU/year in financial 
compensation. If more than 6,000 tonnes of tuna is fished curing the 
application period of the Protocol, the financial compensation will be 
increased by 50 ECU for each aocitional tonne of tuna caught. 
Th^ Community will also finance the proposée renunnaisswnce campaiqn up to 
a iiaximum of 600,000 ECU for the cuiation of the Piotocol. 
In aoaition, there will be a financial contribution from shipowners, based 
on catch in the case of tuna vessels (20 ECU/tonne caught) ana a flat rate 
in the case of shrimp trawlers (151 ECU/GRT for deep-water shrimp trawlers 
and 266 ECU/GRT for shallow and deep-water trawlers). 
In adoition to the amounts mentioneo above, the Community will contribute 
950,000 ECU over two years to finance Mozamhican scientific ana technical 
programmes in the fisheries sector . 
In light of the above, the Commission proposes that the Council should, as 
soon as possible : 
1. acopt the attachée Decision on the conclusion of the Agreement in the 
form of an exchange of letters concerning the provisional application of 
the Protocol establishing, for the perioo from 1 January 1990 to 31 
December 1991, the fishing opportunities anc the financial contribution 
provioed for in the Aqreement between the European Economic Community and 
the Government of the People's Republic of Mozambique on fisheries 
relations; and 
2. aoopt the attachea Reaulation relating to the concJusion of the Protocol 
defining for the perioo, from 1 January 1990 to 31 December 1991, the 
fishing opportunities and the financial contribution providec for in the 
Agreement between the European Economic Community anc the Government of the 
People's Republic of Mozambique on fisheries relations. 
Proposal for a 
COUNCIL DECISION 
on the conclusion of the Agreement in the form of an exchanqe of letters 
concerning the provisional application of the Protocol establishina, for 
*the perioo from 1 January 1990 to 31 December 1*591, the fishing 
•opportunities anc the financial contribution providec for in the Agreement 
between the European Economic Community ano the Government of the People's 
Republic of Mozambique on fisheries relations. 
THE COUNCIL OF THE EUROPEAN CDMMIINI TIES, 
Having regard'to the Treaty establishing the European Economic Community, 
'.Having regard to the Agreement between the European Economic Community and 
the Government of the People's Republic of Mozambique in fisheries 
• relations(l), signed in Maputo on 30 September 1988; 
Having regard to the proposal from the Commission(2) 
Whereas the Community ana the People's Republic of Mozambique helc 
negotiations with a view to determining amendments or accitions to be made 
to the Protocol to the Agreement on fisheries relations at the eno of the 
period of application of the first Protocol; 
» 
Whereas as a result of these negotiations a new Protocol was initialled on 
13 September 1989; 
; j 
Whereas unoer this Protocol Community fishermen will enjoy fishing 
opportunities in the waters fallina within the sovereignty or jurisdiction 
of the People's Republic of Mozambique for the perioo from 1 January 1990 
to 31 December 1991; 
(1) 00 n- L 98, 10.4.87, P. 12 
(2) , 
Whereas, in oroer to avoid interruption of fishinq activities by Community 
vessels both parties initiallee an Agreement in the form of an exchange of 
letters providing for the provisional application of the initiallec 
Protocol from the day following the cate of expiry of the Protocol 
previously in force; whereas the Aqreement in the form of an exchanqe of 
letters should be conduced penainq a (definitive oecision unoer Article 43 
of the Treaty ana the subsequent entry into force of the Protocol; 
HAS DECIDED AS FOLLOWS : 
Article 1 
The Agreement in the form of an exchanqe of letters concerning the 
provisional application of the Protocol oefining, for the period from 1 
January 1990 to 31 December 1991, the fishing opportunities and the 
financial contribution provioec for in the Aqreement between the European 
Economic Community ana the Government of the People's Republic of 
Mozambique on fisheries relations is hereby approved on behalf of the 
Community. 
The text of the Aqreement is attached to this Decision. 
Article 2 
The President of the Council is hereby authorized to Designate the persons 
empowered to sign the Agreement in the form of an exchange of letters in 
oroer to bind the Community. 
Done at Brussels» 1989 
For the Council 
The President 
Proposal for a 
COUNCIL REGULAT ION (EEC) 
relatinq to the conclusion of the Protocol establishing, for the period 
from 1 January 1990 to 31 December 1991, the fishing opportunities and the 
financial contribution proviced for in 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^), 
Whereas, in accoraance with the Anreement between the European Economic 
Community and the Government of the People's Republic of Mozambique on 
fisheries relations, signed in Maputo on 30 September 1988, the contracting 
parties held negotiations with a view to determining amenoments or 
additions to be maoe to the Protocol to the Agreement at the eno of the 
period of application of the first Protocol; 
Whereas as a result of these negotiations a new Protocol establishing, for 
the period from 1 January 1990 to 31 December 1991, the fishing 
opportunities and the financial contribution proviced for by the Agreement 
was initialled on 13 September 1989; 
Whereas it is in the Community's interest to approve this Protocol, 
HAS ADOPTED THIS REGULATION : 
(1) 03 n* L. 
(2) 03 n* L. 
The Protocol establishing, for the perioo from I. January 1990 to 31 
December 1991, the fishing opportunities ano the financial contribution 
provioec for in the Agreement between the European Economic Community ana 
the Government of the People's Republic of Mozambique on fisheries 
relations is hereby approved on behalf of the Community. 
The text of the Protocol is attachée to this Regulation. 
Article 2 
The President of the Council is hereby authorizec to oesignate the persons 
empowered to sign the Protocol in order to bind the Community. 
Article 3 
This Regulation shall enter into force on the third cay following that of 
its publication in the Official Journal of the European Communities. 
This Regulation shall be binaing in its entirely ano directly applicable in 
all Member States. 
Done st Brussels, ...... 1989 
For the Council 
The President 
PROTOCOL 
establishing, for the period from 1 January 1990 to 31 December 1991, the 
fishing opportunities and the financial contribution provided for in the 
Agreement between the European Economic Community and the Government of 
the People's Republic of Mozambique on fisheries relations 
THE CONTRACTING PARTIES, 
Having regard to the Agreement between the European Economic Community and 
the Government of the People's Republic of Mozambique on fisheries relations, 
signed on 30 September 1988, 
HAVE AGREED AS FOLLOWS : 
Article 1 
Pursuant to Article 2 of the Agreement, and for a period of two years 
beginning on 1st January 1990, the following fishing possibilities shall 
be accorded : 
1. Shrimp vessels fishing exclusively on deep-water Crustacea : 
1100 GRT per month on a yearly average 
2. Shrimp vessels fishing on shallow-water and deep-water Crustacea : 
3700 GRT per month on a yearly average 
The quantities of Crustacea to be fished by Community vessels in 1990 may 
not exceed : 1200 tonnes of deep-water shrimps 
1000 tonnes of shallow-water shrimps and 
200 tonnes of deep-water crabs 
These quantitative limits will be reviewed, for the following 
year by the Joint Committee referred to in Article 10 of the Agreement. 
Shrimp tails weight retained on board are converted into whole weight by 
applying the co-efficient 1.67. *M J2^ 
3. Ocean-going tuna seiners : licences for 44 vessels 
Article 2 
1. The financial compensation referred to in Article 8 of the Agreement 
for the period referred to in Article 1 of this Protocol, is fixed at 
4.300.000 ECU, payable in two annual instalments. 
2. If during the period of application of this Protocol the amount of 
tuna caught by Community vessels in Mozambican waters exceeds 6000 tonnes, 
the financial compensation will be increased by 50 ECU per tonne caught 
above this limit. 
3. The use to which this compensation is put shall be the competence 
solely of Mozambique. 
4. The compensation shall be paid into an account opened at a financial 
institution or any other body designated by Mozambique. 
Article 3 
In the event of an increase in the availability of fishing possibilities 
the GRT limits set out in Articles 1(1) and 1(2) may be increased at the 
request of the Community. In this case, the financial compensation referred 
to in Article 2 shall be increased proportionally prorata temporis. 
Article 4 
1. The Community shall also contribute,during the period referred to in 
Article 1,950.000 ECU towards the financing of Mozambican scientific and 
technical programmes (e.g. equipment and infrastructure) to improve 
information on the fishery resources within the waters of Mozambique. 
>? 
At the request of Mozambique, part of this amount not exceeding 60.000 ECU 
may be used to finance the expenses of participation in international 
conferences, not necessarily related to the said scientific programme, 
destined to improve the knowledge of fisheries resources. 
2. The competent Mozambican authorities shall send to the Commission a 
brief report on the utilization of the funds. 
3. The Community's contribution to the scientific and technical programmes 
shall be paid into an account specified on each occasion by the Office of 
the Secretary of State for Fisheries. 
Article 5 
1. A reconnaissance campaign to find new resources shall be carried out 
by 2 Community trawlers together with research institutes in Mozambique 
and in the Member States of the Community. 
2. The Community shall contribute ECU 600.000 over the duration of the 
Protocol to finance the campaign. This contribution may be used to cover 
shipowner's economic losses and the emoluments of Mozambican and Community 
scientists. Catches by the vessels concerned shall be the property of the 
shipowners. 
3. The results of the campaign must be sent to the Mozambican authorities 
and the Commission delegation to Mozambique. In the light of these results, 
licences for the new resources may be granted to Community vessels to fish 
in Mozambique's waters under conditions to be defined at a meeting of the 
Joint Committee referred co by article 10 of the Agreement. 
Article 6 
Should the Community fail to make the payments provided for in this 
Protocol, the Agreement on fishing may be suspended. * 
Ji M 
Article 7 
The Protocol to the Agreement between the European Economic Community 
and the Government of the People's Republic of Mozambique on fisheries 
relations is hereby repealed and replaced by this Protocol. 
Article 8 
This Protocol shall enter into force on the date of its signature. 
It shall be applicable from 1 January 1990. 
-ID 
AGREEMENT 
in the form of an exchange of letters concerning the provisional 
application of the Protocol establishing, for a 2 year period starting 
1st January 1990, the fishing opportunities and the financial contribution 
provided for by the Agreement between the European Economic Community and 
the Government of the People's Republic of Mozambique on fishing off 
the coast of Mozambique. 
A. Letter from the Government of the People's Republic of Mozambique 
Sir, 
With reference to the draft Protocol, initialled in Maputo on 13 September 
1989, establishing the fishing opportunities and the financial contribution 
for the 2 year period starting 1st January 1990, I have the honour to 
inform you that the Government of the People's Republic of Mozambique is 
ready to apply this Protocol on a provisional basis, with effect from 
1st January 1990, pending its entry into force in accordance with Article 8 
of the Protocol, provided that the European Economic Community is prepared 
to do the same. 
This is on the understanding that a first instalment equal to one half of 
the financial compensation specified in the Article St of the Protocol is 
to be paid by 31st March 1990. 
I should be obliged if you would confirm the European Economic Community's 
agreement to such provisional application. 
Please accept, Sir, the assurance of my highest consideration. 3 
For the Governmet of 
the People's Republic of Mozambique 
As& 
~/-l 
B. Letter from the European-Economic Community 
Sir, 
I am in receipt of your letter of today's date, which reads as follows : 
"With reference to the "draft Protocol, initialled in Maputo on 13 September 
1989, establishing the fishing opportunities and the financial contribution 
for the 2 year period starting 1 January 1990, I have the honour to inform 
you that the Government of the People's Republic of Mozambique is ready 
to apply this Protocol on a provisional basis, with effect from 1st January 
1990, pending its entry into force in accordance with Article • of the 
Protocol, provided that the European Economic Community is prepared to do 
the same. 
This, is on the understanding that a first instalment equal to one half of 
the financial compensation specified in the Article £: of the Protocol is 
to be paid by 31st March 1990. 
I should be obliged if you would confirm the European Economic Community's 
agreement to such provisional application." 
I have the honour to confirm the European Economic Community's agreement 
to this provisional application of the Agreement. 
Please accept, Sir, the assurance of my highest consideration. 
4* 
For the European 
Economic Community 
M*> 
-A ^ 
E*N 
FICHE FINANCIERE 
DATE : 
1. LIGNE BUDGETAIRE CONCERNEE : 420 
2. INTITULE DE L 'ACTION : 
Nouveau protocole financier CEE/Mozambique 
Accord CEE/Mozambique concernant Les relations de pëihe 3. BASE JURIDIQUE : 
4. OBJECTIFS DE.L'ACTION i Protocole pour une période de 2 ans : 
- compensation financière 
- programme scientifique 
- campagne de prospection 
5. INCIDENCES FINANCIERES 
5.0. DEPENSES 
- a la charde du budget de la CE 
(Restitutions/Interventions) 
- a la charge adainiatr. nationales 
- a la charge d'autres aecteura 
nat ionaux 
5.1. RECETTES 
- Ressources propres CE 
(Prélèvements/Droits de douane) 
- sur le plsn nstionsl PENDANT LA 
CAMPAGNE 
VW EXCERCICE 
EN COURS ( ) 
2 <\i.% oooe^ 
ANNEE Iw. 
2.93.000 EXCERCICE 
SUIVANT ( ) 
2,^S,o*o<3:u 
5.0.1. ECHEANCIER PLURIANNEL DEPENSES ANNEE 
2.925.000 ANNEE 
5.2. MODE DE CALCUL 
- Compensation financière 
- Programme scientifique 
- Campagne de prospection 
- Contrepartie financière 2.150.000 ECU 
475.000 ECU 
300.000 ECU 
2.925.000 ECU 
6.0. FINANCEMENT POSSIBLE PAR CREDITS INSCRITS AU CHAPITRE CONCERNE 
DANS LE BUDGET EN COURS D'EXECUTION OUI/ 
6.1. FINANCEMENT POSSIBLE PAR VIREMENT ENTRE CHAPITRES DU BUDGET EN 
COURS D'EXECUTION /NON 
6.2. NECESSITE D'UN BUDGET SUPPLEMENTAIRE l/NON 
6.3. CREDITS A INSCRIRE DANS LES BUDGETS FUTURS OUI/ 
OBSERVATIONS : 
-13 
COMPETITIVENESS AND EMPLOYMENT IMPACT STATEMENT 
The object of this measure is to maintain fishinq possibilities for 
Community fishermen. It will involve undertakings in certain obligations 
(e.q. the payment of licence fees) hut these will be clearly outweighed by 
the benefit of increaseo employment which will result. 
RAPPORT DE L'IMPACT SUP LA C0MPET1TITIV1TE ET L'EMPLOI 
L'objet ce cette mesure est ce maintenir ces possibilités ce pèche pour les 
pêcheui s ce la Communauté. 
Cela imp] i que Penqaoement cans certaines oh lin at ions (entre autres 
paiement ces redevances ce licences) mais celles-ci seront nettement 
cépassées par le bénéfice oe 1'auomentation oe l'emploi. 
'** 

ISSN 0254-1475 
COM(89) 619 final 
DOCUMENTS 
EN 04 
12.12.1989 
Catalogue number : CB-CO-89-605-EN-C 
ISBN 92-77-56054-1 ' 
Office for Official Publications of the European Communities 
L-2985 Luxembourg