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
Date: 1989-12-12
Institutions: European Commission
Subjects: Mozambique, fishing agreement, protocol to an agreement, ratification of an agreement

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 

F I C HE 

F I N A N C I E RE 

DATE  : 

1. LIGNE  BUDGETAIRE  CONCERNEE  :  420 

2.  INTITULE  DE  L 'ACTION  : 

Nouveau  p r o t o c o le 

f i n a n c i er  C E E / M o z a m b i q ue 

3. BASE  JURIDIQUE  : 

Accord  CEE/Mozambique  concernant  Les  r e l a t i o ns  de  pëihe 

4.  O B J E C T I FS  D E . L ' A C T I ON  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 

EXCERCICE 
EN  COURS 

( 

) 

EXCERCICE 
SUIVANT  (  ) 

2  <\i.%  oooe^ 

2,^S,o*o<3:u 

5.0.1. ECHEANCIER  PLURIANNEL  DEPENSES 

VW 

ANNEE 
2.925.000 

ANNEE  I w. 
2.93.000 

ANNEE 

5 . 2.  MODE  DE  CALCUL 
-  Compensation 
-  Programme  s c i e n t i f i q ue 
-  Campagne  de  prospection 

f i n a n c i è re 

-  Contrepartie 

f i n a n c i è re 

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 

6.1.  FINANCEMENT  POSSIBLE  PAR  VIREMENT  ENTRE  CHAPITRES  DU  BUDGET  EN 

COURS  D'EXECUTION 

6.2.  NECESSITE  D'UN  BUDGET  SUPPLEMENTAIRE 

6.3.  CREDITS  A INSCRIRE  DANS  LES  BUDGETS  FUTURS 

OBSERVATIONS  : 

OUI/ 

/NON 

l/NON 

OUI/ 

-13 

COMPETITIVENESS  AND  EMPLOYMENT  IMPACT  STATEMENT 

The  o b j e ct  of 

t h is  measure  is 

to  m a i n t a in 

f i s h i nq  p o s s i b i l i t i es 

f or 

Community 

f i s h e r m e n. 

It  w i ll 

i n v o l ve  u n d e r t a k i n gs 

in  c e r t a in  o b l i g a t i o ns 

( e . q. 

the  payment  of 

l i c e n ce 

f e e s)  h ut 

these  w i ll  be  c l e a r ly  outweighed  by 

the  b e n e f it  of 

i n c r e a s eo  employment  which  w i ll 

r e s u l t. 

RAPPORT  DE  L'IMPACT  SUP  LA  C0MPET1TITIV1TE  ET  L'EMPLOI 

L ' o b j et  ce  c e t te  mesure  e st  ce  m a i n t e n ir  ces  possibilités  ce  pèche  pour 

l es 

pêcheui s  ce  la  Communauté. 

Cela  imp] i que  Penqaoement  cans  c e r t a i n es  oh l in at ions  ( e n t re  a u t r es 

paiement  ces  redevances  ce  l i c e n c e s)  mais  c e l l e s - ci  seront  nettement 

cépassées  par 

le  bénéfice  oe  1'auomentation  oe 

l ' e m p l o i. 

'** 

ISSN 0254-1475 

COM(89) 619 final 

DOCUMENTS 

04 

12.12.1989 

EN 

Catalogue number : CB-CO-89-605-EN-C 

ISBN 92-77-56054-1  ' 

Office for Official Publications of the European Communities 

L-2985 Luxembourg