Proposal for a Council Regulation on the conclusion of the Fisheries Agreement between the European Community and the Republic of Mozambique
Date: 2003-07-14
Institutions: European Commission
Subjects: Mozambique, authorised catch, financial compensation of an agreement, fishing agreement, fishing regulations

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 14.07.2003
COM(2003) 419 final

2003/0154 (CNS)

Proposal for a

COUNCIL REGULATION

on the conclusion of the Fisheries Agreement between the European Community and the
Republic of Mozambique

(presented by the Commission)

EXPLANATORY MEMORANDUM

In  October  1988  the  EC  and  Mozambique  concluded  a  Fisheries  Agreement  offering
Community vessel owners fishing opportunities for shallow-water shrimp, deep-water shrimp
and  tuna  in  return  for  financial  compensation.  In  practice,  this  Agreement  was  gradually
restricted to tuna fishing, before being terminated in 1993 by Mozambique, which considered
that it was no longer in a position to promote the development of its fishing sector.

In May 1996 the Council of Ministers requested the Commission to negotiate a new bilateral
Agreement with Mozambique.

Exploratory  talks  were  held  with  Mozambique  from  1999  and  the  new  Agreement  was
initialled on 21 October 2002. The Agreement will enter into force for a period of three years
following reciprocal notification by the Parties that their respective adoption procedures have
been  completed.  It  will  be  automatically  renewable  unless  express  notice  of  termination  is
given  by  one  of  the  Parties.  A  Protocol  establishing  the  fishing  opportunities  and  financial
compensation and a technical annex, which form an integral part of the Agreement, will enter
into force on 1 January 2004 for an initial period of three years.

In  gaining  access to Mozambique  waters,  EC  fishing  vessels  are  therefore  resuming  fishing
activities already carried on in the past, and the new Agreement will be added to the network
of Community tuna agreements in the region.

Where shrimp fishing opportunities are concerned, the Protocol lays down that a maximum of
ten vessels will be authorised to fish for a quota of 1 000 tonnes of deep-water shrimp, as well
as 535 tonnes of by-catches. The Commission is responsible for monitoring developments in
shrimp-fishing  vessels'  catches  in  order  to  ensure  that  the  overall  quota  is  not  exceeded.  In
addition,  for  the  tuna  fishery,  the  Protocol  provides  for  fishing  opportunities  for  35  freezer
tuna seiners and 14 surface longliners, with a reference tonnage of 8 000 tonnes of tuna and
related species.

The overall financial compensation has been fixed at €4 090 000 a year, including €3 490 000
for  deep-water  shrimp  fishing  (including  by-catches)  and  €600 000  for  fishing  for  tuna  and
related species.

The  entire  financial  compensation  will  be  allocated  to  measures  targeted  at  institutional
development,  marine  surveillance,  research,  training,  quality  control  and  participation  by
Mozambique in the  meetings  of  the  Joint  Committee  and  other  international  meetings.  This
must  contribute  significantly  towards  the  increased  development  of  management  capacities
for Mozambique fisheries as a whole.

Shrimp  fishing  vessels  fishing  under  the  Agreement  will  be  obliged  to  take  on  a  sufficient
number  of  Mozambican  seamen  to  make  up  half  of  their  crew.  They  will  be  subjected  to
health  inspection  procedures  in  accordance  with  Mozambique  legislation.  These  vessels'
catches  will  normally  be  transhipped  in  a  Mozambican  port  in  the  presence  of  the
Mozambican authorities, but if a vessel wishes to leave the fishery zone with its catches on
board,  it  may  do  so  following  an  inspection  in  one  of  the  ports  by  the  Mozambican
authorities.  In  either  case,  catches  will  be  the  subject  of  international  transit  certification.
None of these inspection procedures may affect the Community origin of the catches.

In view of the foregoing, the new Agreement is considered to be well balanced, with a good
price-quality  ratio,  and  to  be  of  strategic  importance  to  the  EC  tuna  fishery  in  the  Indian

2

Ocean.  Furthermore,  it  will  encourage  the  responsible  and  sustainable  exploitation  of
resources to the mutual benefit of the Community and Mozambique.

The  Commission  proposes  on  this  basis  that  the  Council  adopt  the  conclusion  of  this  new
Fisheries Agreement between the EC and Mozambique by Regulation.

3

2003/0154 (CNS)

Proposal for a

COUNCIL REGULATION

on the conclusion of the Fisheries Agreement between the European Community and the
Republic of Mozambique

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article
37, in conjunction with Article 300(2) and the first subparagraph of Article 300(3) thereof,

Having regard to the proposal from the Commission1,

Having regard to the opinion of the European Parliament2,

Whereas:

(1) 

(2) 

The  Community  and  the  Republic  of  Mozambique  have  negotiated  and  initialled  a
Fisheries Agreement providing Community fishermen with fishing opportunities in the
waters over which Mozambique has sovereignty or jurisdiction in respect of fisheries.

In addition, that Agreement provides for economic, financial, technical and scientific
cooperation  in  the  fisheries  sector  with  a  view  to  guaranteeing  the  conservation  and
sustainable  exploitation  of  resources,  as  well  as  partnerships  between  undertakings
aimed at developing in the common interest economic activities in the fisheries sector
and related activities.

(3) 

That Agreement should be approved.

(4) 

The  allocation  of  the  fishing  opportunities  among  the  Member  States  should  be
defined,

HAS ADOPTED THIS REGULATION:

Article 1

The  Fisheries  Agreement  between  the  European  Community  and  the  Republic  of
Mozambique  (hereinafter  referred  to  as  "the  Agreement")  is  hereby  approved  by  the
Community.

The text of the Agreement is attached to this Regulation.

1OJ C […] […], p. […]
2OJ C […] […], p. […]

4

                                                
The fishing opportunities set out in the Protocol to the Agreement shall be allocated among the
Member States as follows:

Article 2

- Demersal 

trawlers
freezer 
designed  to  fish  for  deep-water
shrimp:

Spain:

TAC of 550 tonnes of deep-water shrimp

(295  tonnes  of  by-catches,  in  accordance
with the allocation by species provided for
in the Protocol)

Greece

TAC of 150 tonnes of deep-water shrimp

(80  tonnes  of  by-catches,  in  accordance
with the allocation by species provided for
in the Protocol)

Italy:

TAC of 150 tonnes of deep-water shrimp

(80  tonnes  of  by-catches,  in  accordance
with the allocation by species provided for
in the Protocol)

Portugal: TAC of 150 tonnes of deep-water shrimp

(80  tonnes  of  by-catches,  in  accordance
with the allocation by species provided for
in the Protocol)

- Freezer tuna seiners:

- Surface longliners:

Spain:

17 vessels

France:

18 vessels

Spain:

8 vessels

France:

1 vessel

Portugal:

5 vessels

If licence applications from these Member States do not cover all the fishing opportunities fixed
by the Protocol, the Commission may take into consideration licence applications from any other
Member State.

Article 3

The Member States whose vessels fish under this Agreement shall notify the Commission of
the quantities of each  stock caught within the Mozambican  fishing  zone in  accordance with
Commission Regulation (EC) No 500/20013.

3OJ L 73, 15.3.2001, p. 8.

5

                                                
Article 4

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

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

Done at Brussels,

For the Council
The President

6

FISHERIES AGREEMENT

between the European Community and the Republic of Mozambique

THE EUROPEAN COMMUNITY, hereinafter referred to as "the Community", and

THE  REPUBLIC  OF  MOZAMBIQUE,  hereinafter  referred  to  as  "Mozambique",  hereinafter
referred to as "the Parties",

CONSIDERING  the  close  working  relationship  between  the  Community  and  Mozambique,
particularly in the context of the Lomé Convention and the Cotonou Agreement, and their mutual
desire to intensify that relationship,

HAVING REGARD TO the United Nations Convention on the Law of the Sea;

AWARE  of  the  importance  of  the  principles  established  by  the  Code  of  conduct  for  responsible
fisheries adopted at the FAO Conference in 1995,

DETERMINED to cooperate, in their mutual interest, in promoting the long-term conservation and
sustainable exploitation of living marine resources,

DESIROUS of establishing terms and conditions to govern the activities and cooperation conducted
in the Parties' mutual interest in the fishing sector,

CONVINCED  that  such  cooperation  will  reinforce  their  mutual  interests  and  the  achievement  of
their respective economic and social objectives,

RESOLVED to pursue closer economic cooperation in the fishing industry and in related activities
through  the  setting  up  and  development  of  joint  enterprises  involving  undertakings  from  both
Parties,

HAVING DECIDED to promote cooperation in the fisheries sector and connected sectors,

HAVE AGREED AS FOLLOWS:

This Agreement establishes the principles, rules and procedures governing:

Article 1

– 

– 

– 

economic, financial, technical and scientific cooperation in the fisheries sector with a
view  to  guaranteeing  the  conservation  and  sustainable  exploitation  of  fisheries
resources, and developing the Mozambican fisheries sector,

the  conditions  governing  the  access  of  Community  fishing  vessels  to  Mozambican
waters,

the  partnerships  between  enterprises  aimed  at  developing,  in  the  common  interest,
economic activities in the fisheries sector and in related activities.

For the purposes of this Agreement:

Article 2

7

(a)

(b)

(c)

(d)

(e)

1.

2.

1.

2.

1.

2.

1.

"Mozambican  authorities"  means 
Mozambique;

the  Ministry  of  Fisheries  of 

the  Republic  of

"Community authorities" means the European Commission;

"Community  vessel"  means  a  fishing  vessel  flying  the  flag  of  a  Member  State  of  the
Community and registered in the Community;

"joint enterprise" means a commercial company set up in Mozambique by vessel owners
or national enterprises from the Parties to carry on fishing or related activities;

"Joint Committee" means a committee made up of representatives of the Community and
Mozambique  to  be  responsible  for  monitoring  the  application  and  interpretation  of  this
Agreement.

Article 3

Mozambique undertakes to authorise Community vessels to carry on fishing activities in its
fishing zone in accordance with this Agreement, including the Protocol and Annex.

The  fishing  activities  governed  by  this  Agreement  shall  be  subject  to  the  laws  and
regulations in force in Mozambique.

Article 4

The  Community  undertakes  to  take  all  the  appropriate  steps  required  to  ensure  that  its
vessels  comply  with this Agreement and  the  legislation  governing  fisheries  in  the  waters
over which Mozambique has jurisdiction.

The  Mozambican  authorities  shall  notify  the  Commission  of  any  amendments  to  that
legislation.

Article 5

The  Community  shall  grant  Mozambique  financial  compensation  in  accordance  with  the
terms  and  conditions  of  access  to  the  Mozambican  fisheries  defined  in  the  Protocol  and
Annexes.

This  financial  compensation  shall  be  granted  annually  to  support  the  programmes  and
measures  implemented  by  Mozambique  in  connection  with  the  management  and
administration  of  fishing,  the  conservation  and  sustainable  exploitation  of  fisheries
resources and the development of the Mozambican fishing sector.

Article 6

Should serious events other than natural phenomena prevent fishing activities from being
carried  on  in  Mozambique's  fishing  zone,  the  Community  may  suspend  payment  of  the
financial compensation, following prior consultations between the two Parties.

8

2.

3.

1.

2.

1.

2.

1.

2.

3.

4.

1.

Once the situation has returned to normal, payment of the financial compensation shall be
resumed after the two Parties have  consulted one another and  agreed that the situation is
such as to allow the normal exercise of fishing activities.

The  validity  of  the  licences  granted  to  Community  vessels  under  Article  8  shall  be
extended by a period equal to that during which fishing activities were suspended.

Article 7

The  fishing  activities  carried  on  by  Community  vessels  in  Mozambican  waters  shall  be
subject to a licence scheme in accordance with the Mozambican legislation in force.

The  procedure  for  obtaining  a  fishing  licence  for  a  vessel,  the  taxes  applicable  and  the
method of payment to be used by vessel owners are defined in the Annex to the Protocol.

Article 8

Should  considerations  relating  to  the  conservation  and  protection  of  Mozambique's
fisheries  resources  result  in  the  adoption  of  management  measures  which  are  liable  to
affect  the  fishing  activities  of  Community  vessels  operating  under  this  Agreement,  the
Parties shall consult one another with a view to adapting the Protocol and its Annexes.

In  accordance  with  national  legislation,  fisheries  control  arrangements  adopted  by  the
Mozambican  authorities with a view to  preserving  resources shall  be  based  on  objective,
scientific  criteria.  Such  arrangements  shall  not  discriminate  against  Community  vessels,
without  prejudice  to  the  agreements  concluded  between  developing  countries  within  one
geographical region and, in particular, the reciprocal fisheries agreements.

Article 9

The Parties shall encourage economic, commercial, scientific and technical cooperation in
the  fisheries  sector  and  related  sectors.  They  shall  consult  one  another  with  a  view  to
coordinating the different measures provided for by this Agreement.

The  Parties  shall  encourage  exchanges  of  information  on  fishing  techniques  and  gear,
preservation methods and the industrial processing of fisheries products.

The  two  Parties  shall  endeavour  to  create  conditions  favourable  to  the  promotion  of
relations between enterprises from the Parties in the technical, economic and commercial
spheres.

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

Article 10

The Parties shall encourage the setting-up of joint enterprises in their mutual interest with a
view to developing fishing and related activities in Mozambique.

9

2.

The transfer of Community vessels to joint enterprises and the creation of joint enterprises
in  Mozambique  shall  be  carried  out  in  such  a  way  as  to  comply  systematically  with  the
Mozambican and Community legislation in force.

Article 11

A  Joint Committee  shall  be  set  up  to  monitor  the  application  of  this  Agreement.  The  task  of  this
Joint Committee shall consist mainly in:

1.

2.

3.

4.

monitoring  the  performance,  interpretation  and  application  of  the  Agreement  and,  in
particular, the implementation of the programmes and measures referred to in Article 5 and
described in the Protocol annexed hereto;

providing the necessary liaison for questions of mutual interest in the fisheries sphere;

acting as a forum for the amicable settlement of any disputes to which the interpretation or
application of the agreement may give rise;

reassessing,  where  necessary,  the  level  of  fishing  opportunities  and,  consequently,  of
financial compensation.

The  Joint  Committee  shall  meet  at  least  once  a  year,  in  Mozambique  and  the  Community
alternately. It shall hold a special meeting at the request of either of the Parties.

Article 12

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

Article 13

1.

2.

This Agreement shall apply for a period of three years from the date of its entry into force;
it shall be renewable for additional periods of three years, unless notice of termination is
given in writing by either of the Parties at least six months before the date of expiry of the
initial period or each additional period.

In the event of either of the Parties giving notice to terminate this Agreement, the parties
shall enter into consultations.

The Protocol and the Annex shall form an integral part of this Agreement.

Article 14

Article 15

This  Agreement,  drawn  up  in  duplicate  in  the  Danish,  Dutch,  English,  Finnish,  French,  German,
Greek,  Italian,  Portuguese,  Spanish  and  Swedish  languages,  each  of  these  texts  being  equally
authentic, shall enter into force on the date on which the Parties notify one other that their adoption
procedures have been completed.

10

PROTOCOL
SETTING OUT THE FISHING OPPORTUNITIES AND FINANCIAL CONTRIBUTION PROVIDED FOR IN THE
FISHERIES AGREEMENT BETWEEN THE EUROPEAN COMMUNITY AND THE REPUBLIC OF
MOZAMBIQUE

From the entry into force of the Agreement and for a period of three years, the fishing opportunities
granted under Article 3 of the Agreement shall be as follows:

Article 1

–  demersal  freezer 

trawlers  fishing  for  deep-water
shrimp  (gamba):  up  to  1 000  tonnes  a  year  and  535
tonnes of by-catches, broken down as follows:

Dublin bay prawn: 100 tonnes,

cephalopods: 75 tonnes,

fish: 240 tonnes,

crawfish: 0 tonnes,

crab: 120 tonnes,

for a maximum of ten vessels.

–  freezer tuna seiners:

–  surface longliners:

35 vessels,

14 vessels.

Article 2

1.

The  amount  of  financial  compensation  referred  to  in  Article  5  of  the  Agreement,
corresponding to the fishing opportunities referred to in Article 1 of the Protocol, shall be
fixed at €4 090 000 a year.

The  financial  compensation  for  fishing  for  tuna  and  related  species  shall  amount  to
€600 000 a year; it shall cover catches in Mozambican waters of 8 000 tonnes of tuna and
related species. If the quantity caught each  year  by Community vessels in  Mozambique's
EEZ exceeds this weight, the amount referred to above shall be proportionately increased
at  the  rate  of  €75  per  additional  tonne.  However,  the  total  amount  of  financial
compensation  paid  by  the  Community  for  fishing  for  tuna  and  related  species  shall  be
subject to an upper limit of €1 800 000 a year.

The  annual  financial  compensation  for  deep-water  shrimp  fishing  and  by-catches  in
Mozambican waters shall be fixed at €3 490 000 for the quantities referred to in Article 1.

11

2.

1.

2.

3.

4.

5.

The financial compensation is intended to finance the measures referred to in Article 3 of
this Protocol.

Article 3º

The following measures shall be financed from the financial compensation, to the tune of
€4 090 000 a year, broken down as follows:

(a)

€1 500 000 for monitoring marine fisheries;

(b)

€1 000 000 for institutional development;

(c)

€1 000 000 for research;

(d)

€430 000 for training;

(e)

€100 000 for quality control;

(f)

€60 000 for participation in Joint Committee and other international meetings.

The  above  amounts  are  given  as  a  guide  and  the  Government  of  the  Republic  of
Mozambique,  represented  by  the  Ministry  of  Fisheries  and  the  Ministry  of  Planning  and
Finance, may amend them after informing the European Commission in advance.

The measures and the annual amounts allocated thereto shall be decided on by the Ministry
of Fisheries, which shall inform the Commission thereof.

The annual amounts referred  to in  paragraph 1, with  the  exception  of  those  in  points  (d)
and (f), shall be made available to the appropriate Mozambican authorities on the date of
entry into force of the Protocol for the first year and on the anniversary date of the Protocol
for the following years.

These  amounts  shall  be  paid,  on  the  basis  of  the  annual  programme  for  their  use,  into
foreign  currency  account  No…….,  which  shall  be  held  in  the  name  of  the  Ministry  of
Planning and Finance with the Bank of Mozambique, the equivalent exchange value being
transferred  to  bank  account  No  …….,  held  in  the  name  of  the  Fundo  de  Fomento
Pesqueiro. The amounts referred to at (d) and (f) shall be paid as and when the Ministry of
Fisheries  requests  them  from  the  European  Commission  for  the  purpose  of  covering  the
projected measures.

Article 4

The  Ministry  of  Fisheries  shall  transmit  to  the  Delegation  of  the  European  Commission  in
Mozambique, no later than three months after the anniversary date of the Protocol, a draft detailed
annual  report  on  the  implementation  of  the  measures  referred  to  in  Article  3  and  the  results
achieved. The report shall be examined and adopted by the two Parties within the Joint Committee.

The European Commission reserves the right to request the Ministry of Fisheries for any additional
information on the results of the measures carried out.

Following  a  consultation  between  the  Parties  within  the  Joint  Committee,  the  European
Commission  may  review  the  payments  on  the  basis  of  the  actual  implementation  of  the

12

corresponding  measures.  In  this  case,  Mozambique  may  also  review  the  fishing  opportunities
granted under this Protocol.

Article 5

Should  the  Community  fail  to  make  the  payment  provided  for  in  Article  3,  the  Republic  of
Mozambique may suspend the application of this Protocol.

Article 6

This Protocol shall enter into force on 1 January 2004, after the two Parties have given notification
that their respective approval procedures have been completed.

13

ANNEX
CONDITIONS GOVERNING FISHING ACTIVITIES IN MOZAMBICAN WATERS BY
COMMUNITY VESSELS

Any  Community  vessel  authorised  to  fish  in  Mozambican  waters  under  this  Agreement  shall  be
subject to the Mozambican legislation in force. In addition, the following rules and procedures shall
apply:

1.

FORMALITIES  TO  BE  FOLLOWED  IN  APPLYING  FOR  AND  ISSUING  LICENCES  FOR  VESSELS
FISHING FOR TUNA AND RELATED SPECIES AND FREEZER BOTTOM TRAWLERS

The procedure to be followed in applying for and issuing licences authorising Community
vessels to fish in Mozambican waters shall be as follows:

(a)

For  each  vessel,  the  European  Commission,  acting  via  its  representative  in
Mozambique and through the agency of its delegation in that country, shall submit to
the  Mozambican  authorities  a  licence  application  drawn  up  by  the  vessel  owner
wishing to carry on fishing activities under this Agreement; the application shall be
submitted  no  later  than  twenty-five  days  before  the  start  of  the  validity  period
mentioned  therein.  Applications  shall  be  made  using  the  forms  provided  for  this
purpose  by  Mozambique,  specimens  of  which  are  given  in  Appendix  1  for  tuna
seiners and longliners, and in Appendices 1 and 2 for freezer bottom trawlers. They
shall  be  accompanied  by  proof  of  payment  of  the  advance  payable  by  the  vessel
owner.

(b) Licences shall be issued to a specific vessel owner for a specific vessel and shall not

be transferable.

However,  at  the  request  of  the  European  Commission,  a  vessel's  licence  may,  in  a
case of force majeure, be replaced by a licence for another vessel with characteristics
similar  to  those  of  the  first  vessel.  Through  the  Commission  Delegation  in
Mozambique, the owner of the first vessel shall first return the cancelled licence to
the Ministry of Fisheries.

The new licence shall indicate:

-

-

the date of issue and the validity period;

the fact that it cancels and replaces the licence of the previous vessel.

In such cases, no new advance shall be due.

(c)

Licences shall be sent by the Mozambican authorities to the European Commission
Delegation in Mozambique.

2.

PROVISIONS APPLICABLE TO TUNA SEINERS AND SURFACE LONGLINERS

Owners of tuna seiners shall be represented by an agent in Mozambique.

Fishing licences shall be valid for a period of one year, from 1 January to 31 December of
each  year.  They shall be  renewed  at  the  request  of  the  vessel  owner,  who  shall  submit  a

14

fishing licence application form (Appendix 1) at least thirty days before the expiry of the
licence.

Licences shall be kept on board at all times. Before the actual licence is received, a copy
may be obtained by fax and shall be kept on board.

Fees shall be fixed at €25 per tonne of tuna or related species fished in waters over which
Mozambique has jurisdiction. If a Community fishing vessel exceeds the maximum catch
laid down for each vessel, a duty of €25 per tonne shall be payable.

Licences shall be issued subject to the payment to the Fundo de Fomento pesqueiro of an
annual  advance  of  €3 000  per  tuna  seiner  and  €1 500  per  surface  longliner,  which
corresponds  to  the  fees  payable  for  catches  of  120  tonnes  and  60  tonnes  respectively  of
tuna and related species in Mozambique's EEZ.

The  Mozambican  authorities  shall  communicate,  before  the  entry  into  force  of  the
Agreement, all information concerning the bank accounts to be used for the payment of the
fees.

3.

DECLARATION OF CATCHES AND STATEMENT OF FEES PAYABLE IN RESPECT OF TUNA AND
RELATED SPECIES

Tuna fishing vessels authorised to fish in Mozambique's fishing zone under the Agreement
shall  send  information  on  their  catches  to  the  Ministry  of  Fisheries  and  a  copy  to  the
European  Commission  Delegation  in  Mozambique,  in  accordance  with  the  following
arrangements:

– 

– 

– 

skippers  of  vessels  fishing  for  tuna  and  related  species  shall  fill  in  a  form
(declaration of catches), a specimen of which is given in Appendix 3, for each
fisheries period in Mozambique's fishing zone;

this form shall be sent to the Ministry of Fisheries no later than forty-five days
after the fishing activities in Mozambique's fishing zone have ended; it shall be
completed legibly and signed by the skipper of the vessel;

forms  shall  be  filled  in  for  all  vessels  with  a  licence,  even  if  they  have  not
engaged in any fishing activities.

In  the  event  of  a  failure  to  comply  with  these  provisions,  the  Ministry  of  Fisheries  shall
reserve  the  right  to  suspend  the  licence  of  the  offending  vessel  until  the  requisite
formalities  have  been  carried  out.  Where  this  occurs,  the  European  Commission
Delegation in Mozambique shall be informed immediately.

The final statement of the fees due for the fishing year shall be drawn up at the end of each
calendar  year  by  the  Commission  of  the  European  Communities  on  the  basis  of  catch
declarations  made  by  the  vessel  owners  for  each  vessel  and  confirmed  by  scientific
institutions  empowered  to  verify  catch  data,  such  as  the  Institut  de  Recherche  pour  le
Développement  (IRD),  the  Instituto  Español  de  Oceanografía  (IEO),  the  Instituto
Português de Investigação Marítima (IPIMAR) and the Instituto Nacional de Investigação
Pesqueira (IIP). The statement shall be forwarded to the Ministry of  Fisheries  and to the
vessel owners at the same time.

15

Where appropriate, vessel  owners shall make any additional  payments  to the  Ministry  of
Fisheries no later than thirty days following  notification  of  the final statement. However,
where  the  sum  due  as  set  out  in  the  final  statement  is  less  than  the  advance,  the  vessel
owner shall not be reimbursed the difference.

4.

PROVISIONS APPLICABLE TO FREEZER BOTTOM TRAWLERS

Owners of freezer bottom trawlers shall be represented by an agent in Mozambique.

Fishing licences shall be valid for a  period of one  year,  from  1  January  to 31 December.
They  shall  be  renewed  at  the  request  of  the  vessel  owner,  who  shall  submit  a  licence
application form at least thirty days before the expiry of the licence.

Licences shall be kept on board at all times.

Fishing licence fees shall be fixed at €600 per tonne of the quota.

Licences shall be issued subject to the advance payment to the Ministry of Fisheries of a
fee of €600 per tonne of the quota.

Mozambican  legislation  shall  govern  health  inspection  matters.  For  this  purpose,
Community  vessel  owners  shall  fill  in  the  form  attached  hereto  (Appendix  2)  and  shall
make a written application for an international transit document.

The health inspection fees (health approval and international transit health certificate) shall
be fixed at €1 550 per vessel per year.

The health licence and health certificate shall be issued following the advance payment of
the above-mentioned fees to the Ministry of Fisheries.

The Ministry of Fisheries shall communicate all information concerning the bank accounts
to be used for the payment of the fees.

5.

DECLARATION OF CATCHES BY FREEZER BOTTOM TRAWLERS

Trawlers  authorised  to  fish  in  Mozambique's  EEZ  under  this  Agreement  shall  send
information  to  the  Ministry  of  Fisheries,  via  the  European  Commission  Delegation  in
Mozambique,  on  the  relevant  catches  and  fishing  effort.  The  form  to  be  used  for  this
purpose is set out in Appendices 4 and 5. The declarations in Appendix 4 shall cover ten-
day  periods  and  shall  be  transmitted  on  the  eleventh,  twenty-first  and  last  days  of  each
month. The declarations in Appendix 5 shall be transmitted monthly.

6.

6.1

FISHERIES  MONITORING,  HEALTH 
OPERATIONS

INSPECTIONS  AND  SAMPLING

Community  vessels  fishing  in  Mozambique's  EEZ  shall  admit  on  board  fisheries
inspectors, generally known as observers in Community practice, who shall be empowered
in the context of their duties to:

– 

inspect vessels both at sea and in ports,

16

– 

– 

– 

– 

check fishing licences, logs, catches on board, fishing gear,

verify the position of vessels during fisheries operations,

order any vessel to stop and carry out the manoeuvres required for inspection
purposes,

order vessels to enter the nearest Mozambican port where a serious breach of
the rules governing fishing activities is suspected.

6.2

Freezer  bottom  trawlers  shall  be  subject  to  the  health  provisions  laid  down  by  the
Mozambican legislation in force. They shall admit on board health inspectors empowered
to:

– 

– 

– 

– 

inspect vessels both at sea and in harbours,

check the vessels' health certificates and general sanitary conditions,

check crews' medical certificates,

check  the  hygiene  conditions,  and  the  state  of  health  of  the  fish  and  the
conditions in which it is stored.

6.3

Community vessels shall admit on board scientific staff, without powers of inspection, to
be  responsible  for  gathering  data  which  will  make  it  possible  to  monitor  the  state  of
exploitation of Mozambican fisheries resources, as well as environmental data. Such staff
shall be empowered in particular to:

– 

– 

carry out biological sampling operations and, in particular, measure and weigh
the species caught,

gather oceanographic data (air and water temperatures, salinity, wind, currents,
etc.),

– 

gather fish samples for laboratory analyses.

6.4

Any  Community  vessel  which  has  taken  inspectors  or  scientific  sampling  staff  on  board
shall be obliged to provide them with meals, accommodation and medical assistance of a
standard at least equivalent to those enjoyed by the vessel's officers.

Where an inspector or member of the scientific sampling staff is put ashore at a place other
than the port of embarkation, the vessel owner shall bear the cost of the return journey to
the port of embarkation.

If an inspector or member of the scientific sampling staff fails to turn up at the place and
time arranged, or within the next twelve hours, the vessel owner shall be released from the
obligation to take that person on board.

6.5

The  presence  on  board  of  the  staff  referred  to  above  shall  be  strictly  limited  to  the  time
deemed necessary by the Mozambican authorities to carry out their respective tasks.

17

7.

SATELLITE MONITORING

Community vessels fishing under the Agreement shall be subjected to satellite monitoring
(VMS)  in  accordance  with  the  fisheries  rules  laid  down  by  Mozambican  legislation  and
with  Community  legislation,  and  on  the  basis  of  the  arrangements  to  be  defined  in  a
protocol agreed between the Parties.

Where  an  infringement  is  suspected,  the  Mozambican  authorities  may  request  the
European Commission for information on the records relating to the satellite monitoring of
Community vessels fishing in Mozambique's EEZ.

8.

RADIO COMMUNICATIONS

Where the skipper intends to take his vessel into Mozambique's fishing zone, he shall give
notification thereof and transmit data relating to the catches on board at least sixteen hours
in  advance,  either  via  the  Maputo  radio  station,  or  by  telex  or  fax.  When  he  gives
notification that he intends to leave the area, he shall also declare the volume of the catches
taken during the time spent in Mozambique's fishing zone.

The  radio  frequency  and  the  telex  and  fax  numbers  to  be  used  shall  be  indicated  on  the
fishing licence.

9.

FISHING ZONES

For tuna fishing vessels:

between parallels 10º 30' S and 26º 30' S, beyond twelve miles from the coast.

For trawlers:

between parallels 10º 30' S and 26º 30' S, beyond twelve miles from the coast and at depths
of more than 150 metres.

10.

TAKING ON CREWS

Freezer  bottom  trawlers  authorised  to  fish  in  Mozambican  waters  under  the  Fisheries
Agreement shall be obliged to take on a sufficient number of Mozambican seamen to make
up half of their non-officer crew.

Such seamen's wages shall be paid by the vessel owners and shall include contributions to
the  social  security  schemes  applicable  to  the  seamen:  life  insurance,  accident  insurance,
health insurance and welfare benefits.

11.

USE OF PORT FACILITIES

The conditions governing the use of port facilities shall be established by the Mozambican
port authorities.

18

12.

TRANSHIPMENT

Any transhipment involving a freezer bottom trawler shall be notified to the Mozambican
fisheries authorities two business days in advance and shall be carried out in the ports of
Beira or Maputo in the presence of the Mozambican fisheries and customs authorities.

Any  freezer  bottom  trawler  wishing  to  leave  Mozambique's  EEZ  with  its  catches  shall
undergo  a  fisheries  inspection,  the  certification  procedure  required  for  the  transit  of  the
goods and a customs check in the ports of Beira or Maputo, which shall be requested two
business days in advance.

The  transhipment,  fisheries  inspection  or  customs  check  in  the  ports  of  Beira  or  Maputo
shall not affect the Community origin of the catches concerned.

13.

SUPPLY OF SERVICES

Community  vessel  owners  operating  in  Mozambique's  EEZ  shall  be  obliged  to  give
preference to Mozambican services (dockers, handling, refuelling, consignment, etc.).

14.

PROCEDURE IN THE EVENT OF BOARDING

The Mozambican authorities shall inform the European Commission Delegation in Maputo
in  writing,  within  two  business  days  at  the  latest,  of  the  boarding  within  Mozambique's
fishing  zone  of  any  Community  fishing  vessel  operating  under  the  Fisheries  Agreement,
specifying  the  circumstances  of  and  the  reasons  for  the  boarding.  The  European
Commission  Delegation  shall  also  be  kept  informed  of  developments  in  the  proceedings
initiated and of any administrative penalties decided on.

15.

INFRINGEMENTS

Any  infringement  of  Mozambican  legislation  or  of  this  Protocol  by  a  Community  vessel
shall be notified to the European Commission Delegation in Maputo, without prejudice to
the sanctions applicable under the legislation concerned.

19

APPENDIX 1

REPUBLIC OF MOZAMBIQUE

_____________

MINISTRY OF AGRICULTURE AND FISHERIES

NATIONAL FISHERIES DIRECTORATE

FISHING LICENCE APPLICATION

TO BE COMPLETED BY THE APPLICANT

NAME OF ENTERPRISE _______________________________________________________________________________

ADDRESS ___________________________________________________________________________________________

P.O. BOX______________________ TELEPHONE __________________ FAX __________________________________

NAME(1)_____________________________________________________________________________________________

IDENTITY CARD No _______________________ ISSUED AT (PLACE)________________________________________

VALID UNTIL _____/_____/_____

RESIDENT AT _____________________________________________

REQUESTS THE ISSUE OF A FISHING LICENCE(2)

TO OPERATE IN THE AREA OF ________________________________________________________________________

BASED IN THE PORT OF ________________________PROVINCE OF_________________________________________

USING THE FOLLOWING FISHING GEAR: ______________________________________________________________

FOR THE PURPOSE OF CATCHING_____________________________________________________________________

DETAILS OF THE VESSEL(3)(4)

1. NAME _______________________________FLAG ______________________REGISTRATION No _______________

2. PORT OF REGISTRATION ______________YEAR OF CONSTRUCTION ___SHIPYARD/COUNTRY ____________

3. TYPE OF HULL(5)______________________COLOUR OF SIDES __________COLOUR OF SUPERSTRUCTURE ___

4. dimensions (in metres): TOTAL LENGTH ____ BREADTH ____ DEPTH____ GROSS TONNAGE ___ TONNES

5.  ELECTRONIC  EQUIPMENT(6):  HF  RADIO  _____VHF  RADIO  ____  TRANSDUCER  ____  SONAR  ____  SATELLITE
NAVIGATOR ____

GYROSCOPIC COMPASS______ RADAR _______

6. CALL SIGN________________________________________________________________________________________

7. MAIN ENGINE: MAKE ____________________________________ POWER ________________________________h.p.

8. FISHING GEAR: NUMBER OF WINCHES ________________________ CAPACITY______________________ TONNES

OUTRIGGER TRAWL(6)_____________________ STERN TRAWL(6)_____________________ NUMBER OF GEARS _____

20

9. PRESERVATION OF THE FISH(6)(7)

FINISHED PRODUCTS: ______________________

_________________

PREPARATION WORK ROOM: Y/N

AIR BLAST FREEZING: Y/N

CAPACITY (tonnes/day)_____

TEMP. (° C) _____

PLATE FREEZING:

Y/N

CAPACITY (tonnes/day)_____

TEMP. (° C) _____

IN COLD CHAMBER: Y/N

OF_____

TEMP. (° C) _____

COLD STORAGE:

HOLD 1 - CAPACITY (tonnes)

TEMP. (° C) _____

HOLD 2 - CAPACITY (tonnes)

TEMP. (° C) _____

HOLD 3 - CAPACITY (tonnes)

TEMP. (° C) _____

CHILLING: ICE:Y/N

REFRIGERATED CONTAINERS Y/N

CAPACITY (tonnes)_____

INSULATED HOLD

Y/N

CAPACITY (tonnes) ______

REFRIGERATED HOLD

Y/N CAPACITY (tonnes)____ TEMP. (°C)_

CHILLED SEA WATER: Y/N

CAPACITY (tonnes)____________

TEMP. (° C)

______

FACILITIES FOR PRESERVING LIVE SPECIES:

Y/N

SPECIFY ___________________

DRINKING WATER: ______ m³ DESALINATORS:

Y/N

SANITARY FACILITIES:Y/N

NUMBER: ___

AUXILIARY PROCESSING EQUIPMENT:

GRADERS:

Y/N

SCALES:

Y/N

GRINDERS:

Y/N

FISH WASHERS:

Y/N

FISH COOKERS:

Y/N

OTHER ________________________________________________________________________________________________

_________________, ____________

APPLICANT'S SIGNATURE

___________________________________

TO BE COMPLETED BY THE BODY ISSUING THE FISHING LICENCE

ISSUE OF THE FISHING LICENCE AUTHORISED ON _______/______/______

NUMBER OF FISHING LICENCE ISSUED ______________

VALID UNTIL _________

SPECIAL CONDITIONS __________________________________________________________________________________

_________________, ____________

SIGNATURE

NOTES
(1)
(2)
(3)
(4)
(5)
(6)
(7)

Name of enterprise's representative (manager, etc.)
Indicate the type of fishing: industrial, semi-industrial, related fisheries activities.
Enclose three colour negatives showing one of the sides of the ship (the markings must be legible).
As indicated in the title deeds.
Indicate the material: steel, wood or glass fibre.
Mark the appropriate answers with a cross.
Attach a processing flow diagram.

21

APPENDIX 2

REPUBLIC OF MOZAMBIQUE

MINISTRY OF FISHERIES

FISHERIES INSPECTION DEPARTMENT

application for HEALTH APPROVAL for a

_______________________VESSEL (1)

Dear Sir,________________________________________________________________________________

I, the undersigned (owner/manager), ______________________ identity card No

issued at           on _____/____/_____, wish to apply for health approval for the vessel described below

and certify that the following information is correct.

NAME OF ENTERPRISE ______________________ REGISTRATION No AT MF __________________

Address: ______________ P.O. Box ____________________________________________________

Telephone______________________Fax: _________________ E-mail: ________________________

VESSEL NAME: ________________________________ Vessel registration No at MF: ______________________.

The processing activity for which the application is made relates to FISHERIES PRODUCTS in the following
CATEGORIES (2): _____________________________________________________________________________

INTENDED FOR MARKET(S) (3):

____________________

____________________

REGISTRATION No OF APPLICATION: _____________ / _____

Representative of the enterprise,

Received by: _____________________

__________________

___/___/___

SPAP (Serviço Provincial de Administração Pesqueira): ____ __/__/__

NB: the documents to be enclosed with the application are indicated overleaf.

1Indicate the type of vessel:

- fishing vessel,
- vessel engaged in related activities,
- factory vessel (processing and packaging the product),
-  freezer  vessel  or  factory  vessel  processing  on  the  spot  (RIGQ  [Regulation  on  the  inspection  and  quality  assurance  of
fisheries products], Article 40, paragraph 2).

2Indicate the categories of products targeted:

- CATEGORY I: live, fresh or frozen bivalve molluscs,

-  CATEGORY  II:  pasteurised,  cooked  or  precooked,  hot-smoked  or  breaded  fisheries  products,  including  products  which  have

undergone acidification, with or without freezing, ready to eat without further cooking,
- CATEGORY III: canned products or products which are sterilised before being sold in hermetically-sealed containers,
- CATEGORY IV: salted and dried fisheries products,
- CATEGORY V: frozen products,
- CATEGORY VI: live crustaceans and fresh fish.

3Indicate the market for which the products are destined:

- domestic market,
- European Union
- other countries.

22

CONDITIONS GOVERNING THE GRANT OF HEALTH APPROVAL FOR A VESSEL

The grant of health approval for the handling, processing, storage and transport of fisheries products is the responsibility of the
Ministry of Fisheries and entails the following procedures:

1.

2.

2.1

This application form for health approval, which is addressed to the Minister for Fisheries, must be lodged with the
provincial fisheries services of the province where the vessel's base port is located. It must indicate the full identity
of the applicant and the overall aim of the project.

The form must also be accompanied by the following documents and information:

For fishing vessels or vessels carrying out related activities:

(cid:1)

(cid:1)

(cid:1)

(cid:1)

(cid:1)

medical certificates for all crew members and a copy of their stool and urine analyses, as
well as the results of the screening tests for tuberculosis, salmonella, cholera vibrio or any
other test required by the competent Fisheries Inspectorate authority........................... (cid:1)

fumigation certificate (issued by an approved body)..................................................... (cid:1)

indication on the vessel plan of the distribution of rat poison, the type of product used and
the frequency of applications ......................................................................................... (cid:1)

description of good manufacturing practices (see details in enclosed form Fr 16/IP)... (cid:1)

hygiene rules applicable to facilities, equipment and persons (see details in enclosed form
Fr 17/IP) ......................................................................................................................... (cid:1)

2.2

In  the  case  of  freezer  vessels  and  factory  vessels,  the  following  additional  documents  and  information  should  be
enclosed:

(cid:1)

(cid:1)

(cid:1)

(cid:1)

(cid:1)

(cid:1)

(cid:1)

(cid:1)

(cid:1)

(cid:1)

flow diagram .................................................................................................................. (cid:1)

vessel plan ...................................................................................................................... (cid:1)

flow diagram on vessel plan........................................................................................... (cid:1)

description of good manufacturing practices (see details in enclosed form Fr 16/IP)... (cid:1)

quality control and assurance system (see details in form Fr 16/IP).............................. (cid:1)

type of packaging and labelling to be used .................................................................... (cid:1)

production code.............................................................................................................. (cid:1)

number of staff members, with particulars of their training and work experience ........ (cid:1)

description of waste disposal system ............................................................................. (cid:1)

description of the system for the supply of drinking water, water rendered fit for drinking
or  clean  sea  water,  with  particulars  of  storage  tanks,  treatment  systems  and  estimated
consumption ................................................................................................................... (cid:1)

23

2.3

In the case of freezer vessels or factory vessels  carrying  out  processing  on  the  spot,  the  following  should  also  be
enclosed:

description of the waste water elimination system ........................................................ (cid:1)

description of the arrangements for controlling staff access on board........................... (cid:1)

(cid:1)

(cid:1)

NB:

In  accordance  with  Article  41,  paragraph  5  of  the  RIGQ  (Regulation  on  the  inspection  and
quality  assurance  of  fisheries  products),  the  period  required  for  the  grant  of  health  approval  is
thirty days.

Ensure that applications are complete, since the time required to return incomplete applications
is not included in the period mentioned.

When you request an inspection, ensure that the vessel is ready to sail, is clean and its papers are
in order. The inspection should preferably be requested 7 (seven) business days before the date
on which you wish to receive the health approval.

Other vessel inspections are scheduled throughout the year under the regular fisheries inspection
programme.

24

REPUBLIC OF MOZAMBIQUE

MINISTRY OF FISHERIES

FISHERIES 
DEPARTMENT

INSPECTION

QUALITY

CONTROL SYSTEM

(GUIDE)

HACCP

FR: 16/IP

2002 VERSION

Approved by:

Hazard  elimination  system  enabling  risks  to  be  reduced  through  verification/monitoring/self-monitoring,  acceptability  limits
and corrective measures. The corresponding procedures must be described in writing, specifying the following:

HACCP procedure drawn up by: ____________________________ Academic training: ___________________

Number of years' experience in the food industry: ____________________ Actual  member  of  staff  of  the  enterprise
(yes/no): _____

Any enterprise wishing to export fisheries products must have an HACCP quality control system consisting in self-monitoring
by product type and comprising the following main elements:

(1)

(2)

(3)

(4)

organisation chart of the production unit, with description of the responsibilities involved;

identification and description of products:

(a)

composition  (type  and  chemical  composition),  weight  (and  tolerances  applicable),
classification system (number and size or weight);

(b)

preservation method (fresh, frozen, salted, etc.);

(c)

processing method (description of good manufacturing practices);

(d)

(e)

packaging, marking or labelling system, classification (attach three copies and copies
of the stamps or stickers used);

conditions  in  which  the  products  are  stored  (raw  materials  and  products)  and
distributed;

(f)

shelf-life;

(g)

instructions for use (preparation method);

(h)

preservation method to be used by the consumer;

(i)

checks to assess whether the water is fit for drinking.

Identification of the destination of the product (target group, destination market, wording on label).

Production flow diagram and outline of flows on vessel plan.

(5)
Identification of all potential hazards (microbiological, physical and chemical) and the probability of risks at
each processing stage (processing flow diagram). Development of all the preventive  measures liable to prevent or
reduce the effects of the hazards identified.

(6)

Identification of critical control points (CCPs) and critical points (CPs).

25

(7)

(8)

(9)

Establishment of critical limits (e.g. time, levels, °C, etc.) for each CCP.

Setting up of a monitoring system for each CCP (what, where, when, who, how).

Establishment of corrective measures for cases where the hazard could not be avoided.

(10) Annual calibration of instruments (thermometers, scales, etc.) by an approved enterprise, the corresponding
documentary  evidence  being  filed  so  that  it  may  be  presented  to  the  Fisheries  Inspectorate  for  checking.  The
production unit must have its own 1 kg and 100 g standard weights so that it can monitor its scales and records. It
must also have a reference thermometer.

(11)

Establishment of verification procedures (responsibilities, frequency, forms, acceptability criteria).

(12) Drawing up of records and documentation (systems for recording and checking the efficiency of PH, GMPs
and HACCP using  simple forms). For example, the temperature in cold  chambers  and  stores  must  be  checked  by
means of automatic thermographs. Accordingly:

-
establishments must have a thermometer for use throughout the processing operation. They
must record the temperature and sensory quality of the raw material of all lots, particularly in the
case  of  small-scale  fisheries  products.  They  must  also  record  the  temperature  of  the  product
during processing at least once a week, the task always being performed on the same day by the
same  person,  and  at  the  different  stages  (e.g.  washing,  grading,  weighing  after  freezing).
Establishments  must  also  record  the  temperature  in  the  reception,  processing  and  packaging
rooms halfway through the working day. This task must always be carried out at the same time
and preferably by  the  same person. Finally,  the freezer  temperature  and the temperature of the
cold stores must be recorded daily;

-
vessels  must  have  a  thermometer  for  the  purpose  of  monitoring  and  recording  the
temperature of the holds at the time of unloading. They must also record the temperature of the
holds once a week and that of the freezer chambers once a day throughout the fishing trip. The
reading must be taken at the hottest time of the day and always by the same person.

NB: application of the HACCP system is based on the hygiene rules.

-

-

-

Paragraphs (1), (2), (3) and (4) are applicable.

"TRADITIONAL METHOD"

Method  of  monitoring  the  quality  of  the  raw  material  and  finished  product  (e.g.  temperature,
sensory quality, chemical and microbiological quality).

GOOD MANUFACTURING PRACTICES

Type and quality of the raw material selected for processing. Quality control criteria applied, for
example,  to  the  RAW  MATERIAL,  the  PRODUCT  UNDERGOING  PROCESSING  and  the
FINISHED PRODUCT.

In the case of establishments

(cid:1) Where  the  raw  material  comes  mainly  from  small-scale  or  semi-industrial  fishing  and  is

preserved on ice, it must be analysed:

(cid:1)

every day by the establishment's quality controller through sensory testing;

26

and  at  least  once  every  four  months  by  means  of  a  physico-chemical  and

(cid:1)
microbiological laboratory analysis of samples.

NB:  prior  to  the  laboratory  analysis,  the  Fisheries  Inspectorate  should  be  called  in  to
supervise  the  sampling  (approximately  five  samples  of  raw  material)  and  ensure  that  the
samples are taken in accordance with the rules.

(cid:1)

Products  undergoing  processing  and  finished  products  must  also  be  analysed  every  four
months (on the basis of five samples of each).

In the case of vessels

(cid:1)

Other

(cid:1)

The  quality  controllers  on  board  must  take  at  least  five  samples  of  each  type  of  product
(raw  material,  product  undergoing  processing,  finished  product)  every  six  months.  The
samples, weighing approximately 1000 g, must be placed in clean plastic bags. In the event
of any doubts, the Fisheries Inspectorate should be contacted.

All products from the production units must also be tested for heavy metals (sampling once
a year).

(cid:1) Where tuna, shark and related fish species are processed, sampling must be carried out at

least twice a year to test for heavy metals and histamine.

(cid:1)

Attention should be paid to the method of classifying samples: on the outside of the plastic
bags used for collecting the samples, write the date and the vessel's name in permanent ink
and mention whether the sample is a raw  material,  a product  undergoing processing or a
finished product.

Processing  method  (full  description  of  the  production  operation  from  raw  material  to  finished
product,  including  the  infrastructure,  equipment,  materials,  etc.).  For  example,  in  the  case  of
hygiene/sanitary conditions, describe the INFRASTRUCTURE, focussing on the area around the
work rooms, the state of the sanitary facilities, the volume of the drinking water and the supply
conditions, monitoring of the sewage and drainage systems, and the other points provided for in
the RIGQ for vessels (Articles 39, 40 and 41), land-based establishments (Articles 28, 29, 30, 31
and  38),  fishing  ports  and  refrigerated  warehouses  (Articles  38,  42  and  43)  and  means  of
transport (Article 44).

Ingredients used (name, concentration, stage at which they are used).

-

-

NB: APPLICATION OF STATISTICAL METHODS

For the purpose of analysing the results of the different data on the self-monitoring system, statistical methods should be used
(graphs, histograms, averages, standard deviations, etc.).

27

REPUBLIC OF MOZAMBIQUE

HYGIENE RULES

MINISTRY OF FISHERIES

FISHERIES INSPECTION
DEPARTMENT

(GUIDE)

FR: 17/IP

2002 VERSION

Approved by:

LIST OF DATA TO BE SUPPLIED

The hygiene rules for vessels and land-based establishments which process or handle fisheries products must be established in
writing and include the elements described below.

Hygiene rules drawn up by (name): _____________ Academic training: __________________

Number of years' experience in the food industry: _____________
_____

Actual  member  of  staff  of  the  enterprise  (yes/no):

(cid:1)

(cid:1)

(cid:1)

(cid:1)

(cid:1)

(cid:1)

(cid:1)

PLANT HYGIENE

Areas  to  be  cleaned  (reception  rooms,  processing  work  rooms,  sanitary  facilities,  canteen,
kitchen, dormitories, locked storage areas  for cleaning and disinfecting materials, storage  areas
for packaging materials, and cold chambers, etc.).

Equipment and utensils which must remain clean.

Method and frequency of cleaning and disinfection (how? who? how frequently? what products
and instruments are to be used?).

Chemicals  (e.g.:  name  of  detergents  and  disinfectants,  sodium  metabisulphite,  etc.),
concentrations used, Ministry of Health approval.

Specific reference measures for waste management and the systematic extermination of rodents,
insects  and  other  vermin,  fumigation  system  (to  be  applied  every  4  to  6  months,  the  relevant
documentary  evidence  being  kept),  arrangements  to  prevent  domestic  animals  from  gaining
access.

Indication on the production unit plan of the distribution of rat poison, the type of product used
and the frequency of application.

Water supply:

– 

– 

– 

– 

origin (public supply, desalinator, sea),

tanks (quantity stored and washing system to be checked every six months in the case of land-based
establishments and at the start of the fishing trip in the case of vessels),

water pressure (from gravity or pumping),

chlorination  (levels  used:  for  processing,  2  ppm;  for  hand-washing,  2  to  5  ppm,  for  washing
equipment  and  facilities,  50  to  150  ppm;  establishments  must  have  apparatus  to  enable  them  to
measure and control chlorine levels daily),

28

– 

– 

laboratory  checks  on  water  quality:  to  be  carried  out  every  two  months  in  the  case  of
establishments and every four fishing trips in the case of industrial vessels, on the basis of samples
taken from numbered taps indicated on the plan,

quantities  allowed  for  processing  operations,  sanitary  purposes,  etc.  in  relation  to  the  number  of
workers  and  the  number  of  days  the  fishing  trip  is  to  last  (in  the  case  of  establishments,
approximately 5 000 litres plus 50 litres per worker; in the case of vessels, approximately 250 litres
per day per 10 workers for one-day trips and approximately 1 000 litres per day per 20 workers for
trips lasting more than one day).

Supply/production  of  ice  (quantity,  origin  of  the  water,  type  of  ice  and  arrangements  for
checking whether the ice is of drinking-water quality through laboratory testing every 4 months
in the case of establishments and every 6 months in the case of vessels).

PERSONAL HYGIENE

General state of health (filing of medical certificates setting out the results of analyses to detect parasites
in  stools,  tuberculosis  tests  based  on  sputum  analyses  or  X-rays,  urine  analyses,  tests  for  salmonella,
cholera  vibrio  and  other  analyses  which  may  be  required,  surveillance  of  wounds  and  recording  of
illnesses or symptoms such as diarrhoea, with details of the measures taken).

(cid:1)

(cid:1)

Clothing (e.g: overalls, boots, gloves, hood, boiler suit); information on the number of workers, the arrangements
for washing clothes and, for example, sheets used on board, the number of times items are handed in each year, and
the  procedure  for  exchanging  personal  clothing  and  shoes  for  working  clothes.  The  clothing  described  below  is
recommended.

In establishments

Set of clothing No 1 - for women, a plain dress or dungarees and, for men, dungarees  (to
be put on after showering in place of the clothes worn since leaving home), easy-to-wash
moccasins where staff have to walk from the cloakrooms to the factory entrance.

Set of clothing No 2 - for women and men, light-coloured overalls (to be worn over set of
clothing  No 2  on  entering  clean  areas),  plastic  boots  and  socks  (the  main  purpose  of  the
socks is to prevent both lesions on the feet as a result of humidity and perspiration odours).

Set of clothing No 3 - possibly plastic  fibre  aprons  in  order  to  keep  the  overalls,  hat,  etc.
clean.

On board vessels

Clothing  worn  on  board  must  be  plainer.  It  may  consist  of  trousers  and  a  seamless  shirt
made of a hard-wearing fabric, worn with moccasins.

Body hygiene (e.g.: quantity and quality of the water on board, supply of soap and bath towels), rules on
bathing and on areas for disinfecting and drying hands.

Rules on personal appearance (procedures for monitoring body hygiene and the cleanliness of clothing)
and  on  checking  the  cleanliness  of  nails,  hair,  beard  (monitoring  procedures  to  be  applied  every  two
weeks), cuts and/or lesions and illnesses (procedures in the event of illness), etc.

Rules on conduct at work (e.g.: smoking, spitting, chewing or eating, sneezing or coughing), document
setting out the rules, notices.

Rules on wearing accessories (jewellery, rings, watches, etc.).

(cid:1)

(cid:1)

(cid:1)

(cid:1)

29

(cid:1)

(cid:1)

(cid:1)

Presentation of the sanitary-inspection training programme for the year (documentation and implementing
plan).

GENERAL

Responsibility for specific tasks (name or position of the person responsible for cleaning and disinfecting,
as well as for supervision).

Arrangements  for  monitoring  application  of  the  hygiene  rules  (who?  when?  how?),  monitoring
procedures and acceptability thresholds. Mention may be made, for example, of the results of the swab
contamination test (carried out by official laboratories),

which requires the presence of the Fisheries Inspectorate and must be carried out:

(cid:1)

(cid:1)

every six months in land-based establishments;

at least once a year on board vessels, on their arrival.

If any contamination is detected, the application of PH, GMPs and HACCP must be reviewed.

Samples are to be collected as follows:

1.

In establishments

– 

– 

During  the  following  phases:  (a)  processing;  (b)  after  washing  with  detergents  (application  of
detergent  followed  by  rinsing  with  water);  and  (c)  after  using  disinfectant  (application  of  the
disinfectant solution, washing and drying of the area or equipment concerned), and

at the following points: two workers' hands, two places in the sanitary facilities, one on the work
table, one on the scales, one on a knife used for work purposes and one on a plastic container.

2.

On board vessels

– 

– 

During the following phases: (a)  on the  vessel's  arrival,  prior  to  cleaning;  (b)  after  washing  with
detergents (application of detergent followed by rinsing with water); and (c) after using disinfectant
(application of the disinfectant solution, washing and drying of the area or equipment concerned),
and

at the following points: one place in the sanitary facilities, one on a work table, one on the scales,
one on a knife used for work purposes and one on a plastic container.

In order to monitor the atmosphere, the open Petri box technique may also be used for a period of 30 minutes.

30

CATCH DECLARATION FORM FOR THE USE OF TUNA SEINERS

Appendix 3

Complete one line for every cast of the net, whether or not it yields a catch. Mark the appropriate box under the headings INDICATORS and CAST

Departure Port:
Date:
Time:

Arrival

Port:
Date:
Time:

Log
Departure:
Arrival

Vessel:
Skipper:

Page

No

Cast

Estimated catches

Indicators

Remarks

Log

Wind

Current

Date
:

Position
at time of
cast,
otherwise
at
midday

h
c
t
a
c
o
n
h
t
i

W

h
c
t
a
c

h
t
i

W

n
i
f

w
o
l
l
e
Y

k
c
a
j
p
i
k
S

e
y
e
g
i
B

Albacore

s
e
i
c
e
p
s

r
e
h
t
O

e
g
a
n
n
o
T

e
z
i
S

e
z
i
S

e
g
a
n
n
o
T

e
g
a
n
n
o
T

e
z
i
S

e
g
a
n
n
o
T

e
z
i
S

e
g
a
n
n
o
T

s
i
r
b
e
D

s
d
r
i

B

s
e
l
a
h
W

e
z
i
S

Route  or 
Discards

search 

-

Type  of  obstacle  or
debris under water

Various problems

Weather conditions

s
e
l
a
h
w
/
s
k
r
a
h
S

t
u
o
k
o
o
l

f
o
t
r
a
t
s

r
o
0
0
.
6
0

t
u
o
k
o
o
l

f
o
d
n
e

r
o
0
0
.
8
1

e
c
a
f
r
u
s

r
e
t
a
w

f
o
.
p
m
e
T

a
e
s

f
o
e
t
a
t
S

s
e
l
i

m
n
i
y
t
i
l
i
b
i
s
i
V

n
o
i
t
c
e
r
i

D

)
s
t
o
n
k
(

d
e
e
p
S

)
s
t
o
n
k
(

d
e
e
p
S

n
o
i
t
c
e
r
i

D

31

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
MINISTRY OF FISHERIES

NATIONAL DIRECTORATE OF THE FISHERIES AUTHORITY

ENTERPRISE:

VESSEL

PRAWN
(CAMARÃO)
(KG)

DEEP-
WATER
SHRIMP
(GAMBA)
(KG)

AF
Prawn
(Camarão)
(kg)

NAME

CODE

CT

FD

CT

FD

CT

FD

Appendix 4

CATCHES AND FISHING EFFORT OF
INDUSTRIAL AND SEMI-INDUSTRIAL VESSELS

YEAR: …… MONTH: ……

4 MONTHS: 1st

2nd

3rd

CODE: ……………………..

AF
Deep-water
shrimp
(Gamba)
(kg)
CT

FD

FISH
(KG)

DUBLIN
BAY
PRAWN
(KG)

SQUID  AND
CUTTLEFIS
H
(KG)

CRAB
(KG)

CRAWFISH
(KG)

OCTOPUS
(KG)

OTHER
(KG)

CT

FD

CT

FD

CT

FD

CT

FD

CT

FD

CT

FD

CT

FD

CT

FD

Signature and stamp of enterprise

Date ……../………………../………

Day

Month

Year

LEGEND:

AF = accompanying fauna

CT = catches taken FD = fishing days

32

Appendix 5
REPUBLIC OF MOZAMBIQUE
MINISTRY OF FISHERIES
NATIONAL FISHERIES RESEARCH INSTITUTE
DAILY CATCH RECORD – INDUSTRIAL TYPE – DEEP-WATER SHRIMP

ENTERPRISE: ___________
Month: ___________

Vessel: __________________

Skipper's signature ________

Position

Time

Production (kg)

Deep-water pink shrimp

Deep-water red shrimp - "moruno"

Deep-water red shrimp - "carabineira"

Deep-water red shrimp - "alistado"

Tail

o
N

l

w
a
r
T

e
d
u
t
i
t
a
L

e
d
u
t
i
g
n
o
L

g
n
i
n
n
i
g
e
B

y
a
D

)

m

(

h
t
p
e
D

d
n
E

)
s
t
o
n
k
(

d
e
e
p
S

r
e
t
a
w
-
p
e
e
d

l
a
t
o
T

p
m

i
r
h
s

d
i
u
q
S

s
u
p
o
t
c
O

h
s
i
F

S
E
H
C
T
A
C

.

T
O
T

)
g
k
(

33

 
 
 
 
 
LEGISLATIVE FINANCIAL STATEMENT

Policy area(s):

External aspects of fisheries policy

Activit(y/ies):

International Fisheries Agreements

TITLE OF ACTION:

NEW  FISHERIES  AGREEMENT  BETWEEN  THE  EUROPEAN  COMMUNITY  AND  THE
REPUBLIC OF MOZAMBIQUE

1.

BUDGET LINE(S) + HEADING(S)

B78000: International Fisheries Agreements

2.

2.1

OVERALL FIGURES

Total allocation for action (Part B):

€4 090 000 to €5 290 0004 per year in commitment appropriations

2.2

Period of application:

The Agreement has been concluded for an initial period of three years, automatically
renewable until terminated by one of the two parties.

The  Protocol,  which  contains  provisions  concerning  the  fishing  opportunities  and
financial compensation, has been concluded for a period of three years from the date
of its entry into force (1.1.2004 to 31.12.2006).

2.3

Overall multiannual estimate of expenditure:

minimum: €12 428 000

maximum: €16 028 000

4

The financial compensation for fishing for tuna and related species is €600 000 per year and covers a volume
of 8 000 tonnes of tuna and related species. If the volume of annual catches exceeds that quantity, the amount
of  financial  compensation  is  increased  proportionately  at  the  rate  of  €75  per  additional  tonne  but  may  not
exceed €1 800 000 per year for fishing for tuna and related species.

34

                                                
(a)  Schedule  of  commitment  appropriations/payment  appropriations  (financial  intervention)  (see
point 6.1.1

in € million (to three decimal places)

Year
n

n + 1

n + 2

n + 3

n + 4

Commitments min

4.090

4.090

4.090

---

---

max

5.290

5.290

5.290

Payments

min

4.090

4.090

4.090

---

---

max

5.290

5.290

5.290

n + 5 and
subsequent
years

---

---

(b) Technical and administrative assistance and support expenditure (see point 6.1.2)

Commitments

Payments

---

---

---

---

---

---

Subtotal a+b

Total

12.270

15.870

12.270

15.870

---

---

Commitments min

4.090

4.090

4.090

---

---

max

5.290

5.290

5.290

Payments

min

4.090

4.090

4.090

---

---

max

5.290

5.290

5.290

---

---

12.270

15.870

12.270

15.870

(c) Overall financial impact of human resources and other administrative expenditure (see points 7.2
and 7.3)

Commitments/Pa
yments

€0.052
m

€0.053
m

€0.05
3m

€0.158m

TOTAL a+b+c

(€m)

Commitments min

4.142

4.142

4.143

---

---

max

5.342

5.343

5.343

Payments

min

4.141

4.141

---

---

max

5.343

5.343

---

---

12.428

16.028

12. 428

16.028

35

2.4

Compatibility with financial programming and financial perspective

X

Proposal is compatible with existing financial programming.

(cid:1) This  proposal  will  entail  reprogramming  of  the  relevant  heading  in  the  financial
perspective.

(cid:1) Proposal  may  require  application  of  the  provisions  of  the  Interinstitutional
Agreement.

2.5

Financial impact on revenue

Proposal  has  no  financial  implications  (involves  technical  aspects  regarding

X
implementation of a measure)

OR
(cid:1) Proposal has financial impact - the effect on revenue is as follows:

Note: All details and observations relating to the method of calculating the effect
on revenue should be shown in a separate annex.

€ million (to one decimal place)

Budget
line

Revenue

Situation following action

n+1

n+2

n+3

n+4 N+5

Year
n³

Prior
to
actio
n
(year
n-1)

Revenue 

(a) 
absolute terms

in

(b) Change in revenue  (cid:1)

(Please specify each budget line involved, adding the appropriate number of rows
to the table if there is an effect on more than one budget line.)

3.

BUDGET CHARACTERISTICS

Type of expenditure

New

EFTA
contribution

Contributions
from
applicant
countries

Heading in
financial
perspective

Comp

Diff

NO

NO

NO

No 4

4.

LEGAL BASIS

- Article 37 of the Treaty, in conjunction with Article 300(2) and the first subparagraph of
Article 300(3).

36

5.

5.1

DESCRIPTION AND GROUNDS

Need for Community intervention

The  directives  issued  by  the  Council  for  the  negotiation  of  fisheries  agreements  with  the  ACP
countries  stipulate  that  account  should  be  taken  of  the  Community  interest  in  the  conduct  and
establishment of fisheries relations with the countries concerned.

The EC also derives significant political advantage from the conclusion of such agreements, which
are also very important given their geostrategic implications.

5.1.1 Objectives pursued

The previous Agreement between the European Community and Mozambique, which entered into
force in 1988, was terminated in 1993 by Mozambique, which wished to negotiate a new agreement
that would contribute to the development of its fishing sector.

In  May  1996,  the  Council  of  Ministers  instructed  the  Commission  to  negotiate  a  new  bilateral
agreement with Mozambique. The EC and Mozambican negotiators concluded the negotiations and
initialled the agreement on 21 October 2002 in Maputo.

The Agreement will enter into force for a period of three years following reciprocal notification that
the respective adoption procedures have been completed. It will be automatically renewable unless
express notice of termination is given by one of the parties. A Protocol and a technical annex, which
form an integral part of the Agreement, will enter into force on 1 January 2004. The Protocol to the
Agreement, which establishes the fishing opportunities and financial compensation, was concluded
for an initial period of three years.

The  aim  of  the  new  Agreement  is  to  obtain  shrimp  fishing  opportunities  (deep-water  shrimp)  for
Community vessels, together with rights of access for freezer tuna seiners and surface longliners to
the Mozambican fishing  zone.  For  EC  vessel  owners, it represents the opening  up  of new  fishing
opportunities in Mozambique waters, and access to an area of strategic importance in the context of
the network of Indian Ocean tuna agreements.

5.1.2 Measures taken in connection with ex ante evaluation

The resources that chiefly interested Community vessel owners were shrimp, demersal species and
tuna.

Regarding  shallow-water  shrimp,  which  is  exploited  on  a  large  scale  by  the  Mozambican  fleet
(especially  on  the  Sofala  Bank  and  in  the  Bay  of  Maputo),  together  with  demersal  species,
Mozambique stated categorically at the outset of the negotiations that the data available concerning
the  situation  of  stocks  made  it  impossible  to  release  any  available  surplus  or  to  increase  fishing
effort. Any Community request regarding this fishery would be rejected by Mozambique.

The new Agreement focuses, therefore, on deep-water shrimp (gamba rosa) taken by the industrial
and semi-industrial fleets at a distance of more than 12 miles from the coast and at depths of up to
800  meters,  using  mesh  size  55  mm.  According  to  the  estimates  of  the  Mozambique  Research
Institute  (IIP)  exploitation  of  deep-water  shrimp  is  moderate,  with  catches  for  2001  estimated  at
1 500  tonnes  while  the  potential  catch  is  put  at  3 500  tonnes.  Under  the  new  Agreement,
Mozambique  has  granted  the  EU  a  TAC  of  1 000  tonnes/year  of  deep-water  shrimp,  i.e.
approximately half the estimated surplus available.

37

Rights of access for tuna vessels are added to the network of tuna agreements in the Indian Ocean
region. The abundance of tuna in the Mozambican EEZ (Mozambique Canal) fluctuates in relation
to seasonal migrations of the stock but  no  particular problem has been  raised to date  by the local
authorities. In general, tuna stocks are subject to the management and conservation measures of the
Indian Ocean Tuna Commission (IOTC).

The  fishing  effort  currently  targeting  tuna  in  the  Mozambican  EEZ  is  modest  and,  according  to
recent statistics the catches, taken almost entirely by foreign vessels, fluctuate between 5 000 tonnes
and 8000 tonnes annually. Under the new Agreement a reference tonnage of 8 000 tonnes/year has
been established, which is well below the availabilities estimated for this fishery even if they vary
appreciably in relation to the migrations of the species.

5.1.3 Measures taken following ex post evaluation

The  proposed  Agreement  with  Mozambique  is  the  first  to  be  concluded  with  that  country  since
1993, and consequently there is no experience of an interim or ex post evaluation  of this  specific
Agreement.

Nevertheless,  account  has  been  taken  of  the  historical  statistical  data  for  catches  taken  by  the
various fleets operating in the region. Mozambique draws up annual reports on the situation of its
fish stocks. All of this information is included in an annual report from the Mozambique National
Institute for Fisheries Research and confirmed by independent studies, like the one carried out by
the Norwegian College for Fishery Science on behalf of NORAD in 2000. The most recent report
on deep-water shrimp was published by IIP in June 2002 and contains an analysis of that fishery for
the period 1994-2001.

5.2

Action envisaged and budget intervention arrangements

The Agreement initialled on 21 October 2002 provides for fishing opportunities for shrimp vessels,
freezer  tuna  seiners  and  surface  longliners.  In  the  case  of  deep-water  shrimp  fishing,  a  quota  of
1 000 tonnes of catches has been established, together with by-catches of up to 535 tonnes made up
of  100  tonnes  of  shallow-water  shrimp,  75  tonnes  of  cephalopods,  240  tonnes  of  finfish  and  120
tonnes of crabs respectively. The financial compensation earmarked for this fishery is €3 490 000.

In  the  case  of  tuna  fishing,  provision  is  made  for  access  for  35  freezer  seiners  and  14  surface
longliners.  As  tuna  is  a  highly  migratory  species,  the  real  level  of  catches  in  a  specific  area  can
fluctuate very considerably from  one  fishing season to another. Catches  taken  by  the  Community
tuna fleet in the waters of a third country cannot be known in advance therefore. Consequently, as
in the case of all other tuna agreements, the Community pays a fixed amount that corresponds to the
anticipated weight of the catches (reference tonnage), set at 8 000 tonnes for financial compensation
of €600 000. If the anticipated catches are not taken, the third country keeps the amount originally
paid.  If  there  is  an  overrun  of  the  weight  of  the  catches  envisaged,  an  additional  amount
proportional to the overrun is paid by the Community5. However, the total annual amount which the
Community  will  have  to  pay  for  the  tuna  component  of  the  Agreement  is  set  at  a  maximum  of
€1 800 000 per year.

The total financial compensation from the Community to Mozambique under this new Agreement is
therefore €4 090 000 per year. All of this financial compensation will be used to finance measures

5Since the reference tonnage is normally set at an appropriate level, it is very rare for actual catches to exceed the reference tonnage at the
end of a fishing season and, consequently, for the Community to have to pay this additional amount in proportion to additional catches.

38

                                                
targeting  institutional  development,  marine  surveillance,  research,  training,  quality  control  and
participation by Mozambique in meetings of the Joint Committee and other international meetings.

The  financial  compensation  will  be  made  available  to  the  Mozambican  authorities  on  the  date  of
entry into force of the Protocol for the first year and on the anniversary date of the Protocol for the
following years.

5.3

Methods of implementation

The  Commission  is  solely  responsible  for  implementing  the  Protocol  and  will  do  so  through  its
officials posted in both Brussels and its Delegation in Mozambique.

6.

FINANCIAL IMPACT

6.1

TOTAL FINANCIAL IMPACT ON PART B (OVER THE ENTIRE PROGRAMMING PERIOD)

6.1.1 Financial intervention: Commitments in € million (to three decimal places)

Breakdown

Year n

n + 1

 n + 2

n + 3

n+ 4

n + 5 and
subs. fin.
years

Total

Financial

compensation

min

4.090

4.090

4.090

---

---

---

(FC)

max

5.290

5.290

5.290

12.270

15.870

Targeted measures (part

100%

100% 100%

---

---

---

---

of total FC)

TOTAL

min

max

4.090

4.090

4.090

---

---

---

12.270

5.290

5.290

5.290

15.870

39

6.1.2. Technical and administrative assistance, support expenditure (commitment appropriations)

Year n

n + 1

 n + 2

n + 3

n + 4

Total

n + 5 and
subs. fin.
years

Technical 

(1) 
administrative
assistance

and

(a) Technical  assistance
offices

(b) Other technical
and administrative

assistance:

- intra-muros:

which 

- extra muros:
of 
construction 
maintenance 
computerised
management systems:

for
and
of

Subtotal 1

(2) Support
expenditure:

(a) Studies

(b) Meeting of experts

(c) Information and

publications

Subtotal 2

TOTAL

40

6.2.

Calculation  of  costs  by  measure  envisaged  in  Part  B  (over  the  entire  programming
period)

Breakdown

Type of outputs
(projects, files)

Commitments in € million (to three decimal places)

Number of outputs

(total for years 1…n)

Average
unit cost

Total cost

(total for years
1…n)

1

2

3

4=(2X3)

Action 1

Fishing  opportunities
in  exchange 
for  a
financial contribution

Quota  of  1 000  tonnes  of
deep-water  shrimp  (plus
by-catches)

3.490

10.470

fishing: 

Tuna 
reference
tonnage: 8 000 tonnes/year

€75/ton

1.86

TOTAL COST

from 12.270

to 15.8706

7.

IMPACT ON STAFF AND ADMINISTRATIVE EXPENDITURE

7.1.

Impact on human resources

Staff to be assigned to management of the
action using existing and/or additional
resources

Total

Description of
tasks deriving
from the action

Types of post

Number of permanent

Number of temporary

Man/years

posts

posts

4

0.5

0.5

5

Officials or

temporary
staff

A

B

C

Other 
resources

human

Total

1

1

1

3

6

See footnote 4

0

41

                                                
7.2

Overall financial impact of human resources

Type of human resources

Amount (€)

Method of calculation*

Officials

Temporary staff

Other human resources

37 791/an

(100 000/12x4)+(60 000/12x
0.5)+(47 000/12x0.5)

(specify budget line)

Total

37 791/year

The amounts are total expenditure for twelve months.

7.3

Other administrative expenditure deriving from the action

Amount (€)

Method of calculation

15 000/year

7 500 x 2

0

0

0

0

Budget line

(number and heading)

Overall allocation (Title A7)

A0701 – Missions

A07030 – Meetings

A07031 - Compulsory committees (1)

A07032 - Non-compulsory committees (1)

A07040 – Conferences

A0705 - Studies and consultations

Other expenditure (specify)

Information systems (A-5001/A-4300)

Other expenditure - Part A (specify)

Total

15 000/year

The amounts are total expenditure for twelve months.

(1) Specify the type of committee and the group to which it belongs.

I.

II.

Annual total (7.2 + 7.3)

Duration of action

III.

Total cost of action (I x II)

€52 791

Three years

€158 373

42

It is impossible to quantify the impact of an agreement and its protocol on the workload of the unit
in DG FISH responsible for this dossier.

Negotiating fisheries agreements is one of the unit's activities but does not in itself have a specific
impact on administrative expenditure. The human resources and administrative needs will be met in
any event out of the appropriations allocated to the relevant department.

If the Agreement had not been concluded (initialled), this would also have resulted in a significant
workload and substantial expenditure on visits and meetings.

8.

8.1

FOLLOW-UP AND EVALUATION

Monitoring system

The  financial  compensation  (€4 090 000  per  year)  will  be  made  available  to  Mozambique  on  the
date of entry into force of the Protocol for the first year and on the anniversary date of the Protocol
for  the  following  years.  It  will  be  paid,  on  the  basis  of  the  annual  programme  for  its  use,  into  a
foreign currency account to be  specified by the Mozambican  Government, which  shall  be  held in
the  name  of  the  Ministry  of  Planning  and  Finance  with  the  Bank  of  Mozambique,  the  equivalent
exchange  value  being  transferred  to  a  bank  account,  held  in  the  name  of  the  Fundo  de  Fomento
Pesqueiro.

According to its statutes, the FDP must present an annual budget to the Ministry of Fisheries and
also to Mozambique's Ministry of Planning and Finance, which is empowered to audit and monitor
the implementation of the budget. There will be complete transparency therefore regarding the use
and follow-up (traceability) of the funds paid in respect of the fisheries agreement.

Article 6 of the Agreement stipulates that where exceptional circumstances prevent fishing activities
from  being  carried  on,  the  European  Community  may  suspend  payment  of  the  financial
compensation.

In addition, not later than three months following the anniversary date of the Protocol a draft report
on the use of the funds, together with the  results achieved, must be presented  to the  Commission
each year. This report will be examined and adopted by the two parties within the Joint Committee.
The Committee is empowered to seek additional information and to review the payments concerned
in the light of the actual implementation of the measures.

In  order  to  ensure  that  the  Protocol  is  properly  applied,  the  Community  and  Mozambique  may
arrange  meetings,  where  necessary,  to  discuss  any  matter  concerning  the  implementation  of  the
Protocol within a Joint Committee. This Committee reassesses, where appropriate, the level of the
fishing opportunities. Against that background, the Community takes account of the opinions of the
Scientific, Technical and Economic Committee for Fisheries.

In  addition,  the  use  of  fishing  opportunities  is  assessed  on  an  ongoing  basis,  both  in  terms  of
licences  issued  and  of  catches,  including  their  value.  The  Protocol  includes,  as  is  the  case  in  all
Community fisheries agreements, provisions for the dispatch of logbooks by vessel owners  to the
Mozambican authorities and to the European Commission.

The Commission will be responsible for monitoring the use of the 1 000 tonnes TAC allocated to
the  deep-water  shrimp  fishing  fleet.  To  that  end,  data  concerning  catches  and  the  corresponding
fishing  effort  will  be  provided  by  the  vessel  owners  to  the  Mozambican  authorities  and  the
European  Commission  every  ten  days.  The  tuna  fishery  will  be  the  subject,  as  is  the  case  in

43

exclusively tuna agreements, of an annual statement of catches per vessel. This information will be
used in the context of the ex post evaluation of the Protocol.

8.2

Arrangements and schedule for the planned evaluation

Before the Protocol is renewed in 2006, it will be evaluated in accordance with the Communication
(SEC(2000) 1051) of 26 July 2000 on strengthening evaluation of Commission activities.

This  evaluation  must  take  account  of  direct  economic  indicators  (catches  and  values  of  catches),
impact indicators (number of jobs created and maintained, relation between the cost of the Protocol
and the value of catches) and indicators of the impact on the ecosystem.

With regard to the targeted measures, see above.

9.

ANTI-FRAUD MEASURES

Since the financial  compensation  is  granted  by  the  Community  in  direct  exchange  for  the  fishing
opportunities offered, the third country uses it for whatever end it chooses. However, it is required
to report to the Commission, as provided for in the Protocol, on the use of certain funds, which in
the case of Mozambique means the whole of the financial compensation. All the measures provided
for  in  Article  3  of  the  Protocol  are  subject  to  an  annual  report  on  their  implementation  and  the
results  achieved,  which  is  to  be  examined  and  adopted  by  the  two  parties  within  the  Joint
Committee.  The  Committee  reserves  the  right  to  ask  for  additional  information  on  the  results
achieved and to review payments in the light of the actual implementation of the measures.

The Protocol also requires Community vessel owners to complete catch statements (which must be
transmitted to the Commission and the Mozambican authorities) which then serve  as the basis for
monitoring  shrimp  catches,  in  order  to  ensure  compliance  with  the  overall  quota  allocated  to  the
EC,  and  for  drawing  up  the  final  annual  statement  of  tuna  catches  under  the  Protocol  and  the
corresponding fees.

44