Proposal for a Council Regulation concerning the conclusion of the Agreement between the European Community and the United Republic of Tanzania on fishing in Tanzania’s fishing zone
Date: 2005-12-23
Institutions: European Commission
Subjects: European Community, Tanzania, fishing agreement, fishing area

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 23.12.2005 
COM(2005) 693 final 

2005/0276 (CNS) 

Proposal for a 

COUNCIL REGULATION 

concerning the conclusion of the Agreement between the European Community and the 
United Republic of Tanzania on fishing in Tanzania’s fishing zone 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

In 1990 the European Economic Community and the United Republic of Tanzania had initialled 
a  tuna  Agreement  which  has  never  been  implemented  because  of  internal  Tanzanian 
constitutional/political problems. 

In 2003 both Parties wished to resume their fisheries relations. After an exploratory mission and 
3 negotiation rounds, the Parties initialled a new Agreement, on 4 June 2004. A Protocol and a 
technical Annex are an integral part of the Agreement. 

The  Protocol  to  the  Agreement,  which  establishes  the  fishing  possibilities  and  the  financial 
contribution,  has  been  concluded  for  an  initial  period  of  three  years.  It  grants  fishing 
possibilities for 39 tuna seiners, and 31 surface longliners. 

The  financial  contribution  is  fixed  at  €  600 000 per  year  and  covers  a  catch  weight  in  the 
Tanzania’s  fishing  zone  of  8 000  tons  of  catches  per  year.  Part  of  the  financial  contribution 
equivalent to € 390 000 per year shall be earmarked to the financing of targeted actions, such 
as  control  and  surveillance,  institutional  support  and  development  of  local  small  scale 
fisheries.  

The new Agreement is important for the Community tuna fleet as it is part of a network of tuna 
Agreements  in  the  Indian  Ocean.  It  foresees  the  setting-up  of  a  monitoring  and  surveillance 
system, inexistent up to date in Tanzania.  

The  content  of  the  Agreement  had  been  agreed  upon  by  both  parties  already  in  October  2003 
while  the  text  has  been  finalised  in  June  2004.  Consequently,  the  Council  conclusions  on  a 
Communication  from  the  Commission  on  an  integrated  framework  for  Fisheries  Partnership 
Agreements  with  third  countries1  not  having  been  adopted  by  that  time,  the  Commission 
considered that the partnership approach could not be applied during the negotiation. 

However, the spirit of the Agreement is in line with the objective of sustainable fisheries. In this 
sense,  the  following  new  elements,  in  respect  to  a  “classical”  access  agreement,  have  been 
introduced:  i) exclusive  clause  prohibiting  any  private  licence  or  other  arrangement  by  EC 
shipowners,  ii) mutual  agreement  between  the  Tanzanian  authorities  and  the  European 
Commission  on  the  measures  to  be  financed  after  submission  of  a  detailed  programming, 
iii) obligation  for  the  Community  fleet  operating  in  the  Tanzania’s  fishing  zone  to  embark  at 
least 30 local seamen and to apply the social clause, iv) fishing outside 12 miles from the coast, 
v) collection of by-catches and ban of by-catch dumping, vi) sanctions for non-compliance with 
the Protocol and the relevant Tanzanian legislation. 

The Agreement shall enter into force when the Parties exchange the notification concerning 
the accomplishment of the respective appropriate adoption procedures. 

The Commission proposes on this basis that the Council adopt by Regulation the Agreement. 

1 

Document n° 15243/02 PECHE 224, referred to document COM(2002) 637 final. 

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2005/0276 (CNS) 

Proposal for a 

COUNCIL REGULATION 

concerning the conclusion of the Agreement between the European Community and the 
United Republic of Tanzania on fishing in Tanzania’s fishing zone 

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 Commission2, 

Having regard to the opinion of the European Parliament3 

Whereas: 

(1) 

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

(2) 

It is in the Community's interest to approve this Agreement. 

(3) 

The method for allocating the fishing opportunities among Member States should be 
defined, 

HAS ADOPTED THIS REGULATION: 

Article 1 

The Agreement between the European Community and the United Republic of Tanzania on 
fishing  in  Tanzania’s  fishing  zone  (hereinafter  referred  to  as  “the  Agreement”)  is  hereby 
approved on behalf of the European Community. 

The text of the Agreement is attached to this Regulation. 

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

Article2 

2 
3 

OJ C […] […] p. […] 
Opinion delivered on 

(not yet published in the Official Journal). 

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–  Tuna seiners: 

–  Surface long-liners: 

France 16 licences; 

Spain 22 licences; 

Italy 1 licence. 

Spain 27 licences;  

Portugal 4 licences. 

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  Tanzania’s  fishing  zone  in  accordance  with 
Commission Regulation (EC) No 500/20014. 

The President of the Council is hereby authorised to designate the persons empowered to sign 
the Agreement in order to bind the Community. 

Article 4 

Article 5 

This Regulation shall enter into force on the third day following that of 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...., ... 

For the Council 
The President 

4 

OJ L 73, 15.3.2001, p. 8. 

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AGREEMENT BETWEEN THE EUROPEAN COMMUNITY AND THE UNITED REPUBLIC OF 
TANZANIA ON FISHING IN TANZANIA’S FISHING ZONE 

THE EUROPEAN COMMUNITY, 

Hereinafter referred to as the “Community” and 

THE UNITED REPUBLIC OF TANZANIA, 

Hereinafter referred to as “Tanzania”, hereinafter referred to as “the Parties”. 

CONSIDERING the spirit of co-operation resulting from the ACP-EEC Convention and the 
good co-operation relations, which exist between the Community and Tanzania; 

CONSIDERING  the  wish  of  Tanzania  to  promote  the  rational  exploitation  of  its  fishery 
resources by means of intensified co-operation; 

RECALLING  that  the  Community  and  Tanzania  are  signatories  to  The  United  Nations 
Convention on the Law of the Sea and that, in accordance with that Convention Tanzania has 
established an exclusive economic zone extending 200 nautical miles from its shores within 
which  it  exercises  its  sovereign  rights  for  the  purpose  of  identifying,  exploiting,  conserving 
and managing the resources of the said zone, in accordance with the principles of international 
law; 

DESIROUS  to  develop  and  intensify  mutually  advantageous  co-operation  in  the  field  of 
fisheries; 

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

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

DESIROUS  to  apply  the  declaration  of  ILO  on  fundamental  principles  and  rights  at  work, 
such  as  the  freedom  of  association  and  the  effective  recognition  of  the  right  to  collective 
bargaining and the elimination of discrimination in respect of employment and occupation to 
the local seamen embarked to EU vessels. 

HAVE AGREED AS FOLLOWS: 

Article 1 

1. 

The purpose of this Agreement is to establish the principles and rules which shall in 
future  govern,  in  all  respects,  the  fishing  activities  of  vessels  flying  the  flags  of 
Member  States  of  the  Community  and  registered  in  the  Community,  hereinafter 
referred  to  as  “Community  vessels”,  in  the  waters  over  which  Tanzania  has 
sovereignty  or  jurisdiction  in  respect  of  fisheries,  hereinafter  referred  to  as 
“Tanzania’s fishing zone”, in accordance with the provisions of the United Nations 
Convention on the Law of the Sea and other rules of international law. 

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2. 

3. 

4. 

1. 

2. 

1. 

2. 

1. 

2. 

3. 

4. 

Only  Community  vessels  having  a  valid  licence,  issued  under  this  Agreement  and 
according  to  the  formalities  set  out  in  the  Annex,  shall  be  authorised  to  fish  the 
species covered by this Agreement in Tanzania’s fishing zone. 

Community vessels which conducted fishing in the Tanzanian fishing zone on those 
species  before  the  conclusion  of  the  Agreement  between  the  European  Community 
and  the  United  Republic  of  Tanzania  through  private  licences  or  any  other 
arrangement  between  the  ship-owner  and  the  Tanzanian  authorities,  may  continue 
their  activities  for  the  period  of  validity  of  their  licence  or  other  arrangement. 
However this period can in no case exceed a year form the date of entry into force of 
this Agreement. 

For the purpose of this Agreement “Tanzanian authorities” shall mean the Ministry 
of Natural Resources and Tourism of the United Republic of Tanzania. 

Article 2 

Tanzania  shall  permit  fishing  by  Community  vessels  in  Tanzania’s  fishing  zone  in 
accordance with this Agreement. 

These fishing activities shall be subject to the laws of Tanzania. 

Article 3 

The  Community  shall  undertake  all  necessary  steps  to  ensure  that  Community 
vessels observe the provisions of this Agreement and the laws relating to fishing in 
Tanzania’s  fishing  zone  consistent  with  the  provisions  of  the  United  Nations 
Convention on the Law of the Sea and other rules of international law. 

The Tanzanian authorities shall notify the Commission of the European Community 
of any change to the said laws. 

Article 4 

Fishing activities by Community vessels in Tanzania’s fishing zone under the present 
Agreement shall be subject to possession of a valid fishing licence. 

Licences shall be issued by the Tanzanian authorities within the limits laid down in 
this Protocol and according to the laws of Tanzania. 

The issue of a licence by the Tanzanian authorities at the Community’s request shall 
be subject to payment of a licence fee by the ship-owner concerned. 

The formalities for applying for licences, their period of validity, the amount of the 
fee, the payment provisions and the permitted fishing areas shall be as specified in 
the Annex and according to the laws of Tanzania. 

5. 

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

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Article 5 

The  Parties  undertake  to  co-ordinate  action,  either  directly  or  within  international 
organisations,  to  ensure  the  management  and  conservation  of  the  living  resources  in  the 
Indian Ocean, particularly in respect of highly migratory species, and to facilitate the relevant 
scientific research. 

Article 6 

1. 

2. 

Vessels authorised to fish in Tanzania’s fishing zone under this Agreement shall be 
monitored by satellite under conditions agreed by the Parties. 

Vessels shall be obliged to communicate to the Tanzanian authorities statements of 
catch and other relevant information in accordance with the provisions of the Annex. 

Article 7 

In  return  for  the  fishing  opportunities  accorded  under  Article  2,  the  Community  shall  make 
payments to Tanzania in accordance with the provisions of the Protocol, without prejudice to 
the financing for which Tanzania is eligible under the ACP-EEC Convention. 

Article 8 

Where severe circumstances not attributable to natural phenomena prevent fishing activities in 
Tanzanian’s fishing zone, the Community may suspend the payment referred to in Article 7 
following prior consultations, where possible, between the two Parties. 

Payments shall recommence once the situation returns to normal and following consultations 
between  the  two  Parties  confirming  that  the  situation  is  likely  to  allow  a  return  to  normal 
fishing activities. 

Article 9 

1. 

2. 

3. 

Without  prejudice  to  the  exercise  by  Tanzania  of  sovereignty  or  jurisdiction  over 
Tanzania’s fishing zone, the Parties agree to establish a Joint Committee to oversee 
the implementation, interpretation and proper functioning of this Agreement. 

The  Joint  Committee  shall  meet  at  least  once  a  year  alternatively  in  Tanzania  and 
Brussels  and/or  at  the  request  of  either  party.  The  parties  shall  consult  at  least  30 
days in advance regarding the date and agenda for meetings of the Joint Committee. 

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

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Article 10 

1. 

2. 

3. 

Should the Tanzanian authorities decide, as a result of developments in the state of 
stocks,  to  take  conservation  measures  which  affect  the  activities  of  Community 
vessels, consultations shall be held between the Parties in the framework of the Joint 
Committee  provided  for  in  Article  9,  in  order  to  adapt  the  Annex  and  Protocol 
attached to this Agreement. 

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

Any  conservation  measures  taken  by  the  Tanzanian  authorities  shall  be  based  on 
objective and scientific criteria and shall apply equally to Community and other third 
country vessels without prejudice to special arrangements between developing states 
within the same geographical area, including reciprocal fishing arrangements. 

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

Article 11 

Article 12 

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

Article 13 

The  Annex  and  the  Protocol  attached  to  this  Agreement  form  an  integral  part  of  the 
Agreement and, unless otherwise specified, a reference to the Agreement shall also constitute 
a reference to them. 

Article 14 

1. 

2. 

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

In  the  event  of  a  Contracting  Party  giving  notice  denouncing  the  Agreement,  the 
Contracting  Parties  shall  enter  into  negotiations.  Before  the  end  of  the  period  of 
validity  of  the  Protocol,  the  Contracting  Parties  shall  enter  into  negotiations  to 
determine  by  common  agreement  what  amendments  or  additions  to  the  Annex  or 

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Protocol  are  required.  They  may  also  enter  into  negotiations  at  any  other  time  by 
common agreement. 

Article 15 

This Agreement shall enter into force on the date on which the Parties notify each other of the 
completion  of  the  procedures  necessary  for  this  purpose,  and  in  any  case  not  before  the  1st 
January 2005. 

Article 16 

This  Agreement  shall  be  drawn  up  in  duplicate  in  the  Czech,  Danish,  Dutch,  English, 
Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, 
Polish,  Portuguese,  Slovak,  Slovene,  Spanish  and  Swedish  languages,  each  of  these  texts 
being equally authentic. 

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PROTOCOL 

SETTING OUT THE FISHING OPPORTUNITIES FOR TUNA AND OTHER MIGRATORY 
SPECIES AND PAYMENTS PROVIDED FOR IN THE AGREEMENT BETWEEN THE 
EUROPEAN COMMUNITY AND THE UNITED REPUBLIC OF TANZANIA ON FISHING 
IN TANZANIA’S FISHING ZONE  

1. 

Pursuant to Article 2 of the Agreement, and for a period of three years from the date 
of its entry into force, the following fishing opportunities shall be accorded: 

Article 1 

2. 

1. 

2. 

3. 

– 

– 

for tuna seiners: 39 licences; 

for surface longliners fishing for tuna and other migratory species: 31 licences; 

Both  parties  agree  that  on  the  basis  of  the  best  scientific  data  available  and  after  a 
scientific  assessment  of  the  stocks  in  the  Tanzania’s  fishing  zone,  fishing 
opportunities for other than tuna and migratory species could be granted by Tanzania 
to the Community. For this purpose, consultations should be held in the framework 
of the Joint Committee referred to in Article 9 of the Agreement, in order to adapt 
this protocol and Annex accordingly. 

Article 2 

The  payments  provided  for  in  Article  7  of  the  Agreement  for  the  period  set  out  in 
Article 1 (1) is fixed at EUR 600,000 per year (comprising EUR 210,000 as financial 
compensation  and  EUR  390,000  for  the  measures  referred  to  in  Article  3  of  this 
Protocol). 

These payments shall cover the catches of 8,000 tonnes for tuna and other migratory 
species fished per year in the Tanzania’s fishing zone. If the annual quantity caught 
by  Community  vessels  in  Tanzania’s  fishing  zone  exceeds  8,000  tonnes,  the 
payments  fixed  in  paragraph  1  shall  be  increased  proportionally  at  the  rate  of 
EUR 75 for each additional tonne caught. However, the total amount of the payments 
to  be  done  by  the  Community  for  tuna  and  tuna-like  species  shall  not  exceed  the 
amount to be paid for 24,000 tonnes caught.  

If  the  quantity  caught  by  Community  vessels  exceeds  24,000  tonnes,  the  Parties 
shall,  as  soon  as  possible,  consult  each  other,  within  the  Joint  Committee  provided 
for  in  Article  9  of  the  Agreement,  in  order  to  fix  the  date  for  the  payment  of  the 
amount due for the exceeding quantity of catches. 

The  financial  compensation  shall  be  paid  into  an  account  opened  at  a  financial 
institution  or  other  body  designated  by  Tanzanian  authorities,  in  the  name  of  the 
Public Treasury, not later than 1st January of each year (the first payment to be done 
not later than 31 May 2005) and its use shall be of the sole competence of Tanzania. 

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1. 

2. 

3. 

4. 

Article 3 

With a view to ensuring the development of sustainable and responsible fishing the 
two  parties  shall,  in  their  mutual  interest,  set  up  a  partnership  for  the  purpose  in 
particular  of  promoting:  better  knowledge  of  fishery  and  biological  resources; 
fisheries  control;  the  development  of  non-industrial  fishing;  fishing  communities, 
and training. 

The  measures  set  out  below  shall  be  financed  to  the  amount  of  EUR  390,000  per 
year, broken down as follows: 

a) 

b) 

EUR  200,000  for  surveillance  and  control  of  fishing  activities  in  Tanzania’s 
fishing zone; 

EUR  75,000  for  institutional  support  to  the  administrative  department 
responsible for fisheries; 

c) 

EUR 115,000 for the development of local small scale fisheries. 

These  measures  shall  be  decided  by  mutual  agreement  between  the  Tanzanian 
authorities and the European Commission, after submission to the Commission of a 
detailed programming, including a schedule, and the expected objectives of specific 
actions to be undertaken for each measure. 

All  the  amounts  provided  for  in  paragraph  2  shall  be  paid  into  account  Nº 
012105002942  at  the  anniversary  date  of  entry  into  force  of  this  Protocol  (the  first 
payment  to  be  done  not  later  than  two  months  after  the  entry  into  force  of  this 
Protocol). 

The Tanzanian authorities shall transmit an annual report on the implementation of 
the measures provided for in this Article and the results achieved to the Delegation of 
the European Commission in the United Republic of Tanzania, three months after the 
anniversary date of this Protocol. 

The  annual  report  shall  be  examined  within  the  Joint  Committee  provided  for  in 
Article 9 of the Agreement. The Community reserves the right to request additional 
information on the results from the Tanzanian authorities and to review the payments 
concerned in the light of the actual implementation of the measures. 

If the Community fails to make the payments provided for in Articles 2 and 3, Tanzania may 
suspend the application of this Protocol. 

Article 4 

This Protocol shall enter into force on the date of entry into force of the Agreement. 

Article 5 

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ANNEX 

CONDITIONS GOVERNING TUNA AND OTHER MIGRATORY SPECIES FISHING 
ACTIVITIES BY COMMUNITY VESSELS IN TANZANIA’S FISHING ZONE 

1. 

Licence application and issuing formalities 

1.1. 

The  European  Commission  shall  present  to  the  Tanzanian  authorities  via  the 
Delegation of the European Commission in Tanzania a licence application, made by 
the ship-owner, for each vessel that wishes to fish under the Agreement between the 
European Community and the United Republic of Tanzania. The application has to 
be made not later than 30 November of each year for vessels wishing to fish for the 
following calendar year. 

By  derogation  to  paragraph  1.1,  ship-owners  may  request  a  fishing  licence  at  any 
time, during the calendar year 30 days before the beginning of the fishing activities 
of the vessel concerned. In that case they shall pay the licence fees for the whole year 
as provided for in paragraph 2.2. 

Each licence application shall be accompanied by documentary proof of payment of 
the  appropriate  advance  payment.  The  application  shall  be  made  on  the  forms 
provided  for  that  purpose  by  the  Tanzanian  authorities,  a  specimen  of  which  is  at 
appendix 1. 

1.2. 

1.3. 

The  licences  shall  be  issued  by  the  Tanzanian  authorities  and  transmitted  to  the 
Delegation  of  the  European  Commission  in  Tanzania  fifteen  working  days  after 
submission of the applications. 

The licence document must be kept on board at all times. However, on receipt of the 
notification  of  payment  of  the  advance  sent  to  the  Tanzanian  authorities  by  the 
European Commission, vessels shall be entered on a list of vessels authorised to fish, 
which shall be sent to the Tanzanian authorities responsible for fisheries inspection. 
A  copy  of  the  said  licence  may  be  obtained  by  fax  pending  arrival  of  the  licence 
itself; that copy shall be kept on board.  

1.4. 

Every licence shall be issued to the ship-owner for one designated  vessel and shall 
not be transferable. 

However, in the event of force majeure, a licence for a vessel may be replaced by a 
new licence for another vessel of similar specifications, for the remaining period of 
its validity, should the European Commission so request. In the latter case, no fee is 
due for the remaining period of its validity. The catches taken by the replaced vessel 
shall be considered as taken by the replacing vessel. 

This new licence shall indicate: 

– 

– 

the date of issue, 

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

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1.5. 

1.6. 

1.7. 

The Tanzanian authorities shall communicate, before the date of entry into force of 
the  Agreement,  the  arrangements  for  payment  of  the  licence  fees,  and  in  particular 
the details of the bank account and the currency to be used. 

The licence fee includes all national and local taxes with the exception of charges for 
services. 

Owners  of tuna  boats  must be represented by an agent in Tanzania,  whose identity 
they must communicate to the Tanzanian authorities. His/her name and address shall 
be mentioned on the licence application provide for in appendix 1. 

2. 

Validity of licences and payment of the fees 

2.1. 

2.2. 

Licences  shall  be  valid  for  a  period  of  one  calendar  year,  from  1  January  to  31 
December. They are renewable. 

The  fees  shall  be  set  at  EUR  25  per  tonne  caught  within  Tanzania’s  fishing  zone. 
Licences shall be issued following advance payment to Tanzania of a lump sum of 
EUR 2,300 a year for each tuna seiner, equivalent to the fees for 92 tonnes of tuna 
caught within Tanzania’s fishing zone per year and a lump sum of EUR 1,300 a year 
for  each  surface  longliner  equivalent  to  the  fees  for  52  tonnes  of  tuna  and  other 
migratory species caught within Tanzania’s fishing zone per year. 

2.3. 

The  validity  of  the  licences  granted  to  Community  vessels  under  Article  4  of  the 
Agreement shall be extended by a period equal to that during which fishing activities 
were suspended, for reasons mentioned in Article 8 of the Agreement. 

3. 

Statement of catches and statement of fees 

3.1. 

Vessels  authorised  to  fish  in  Tanzania’s  fishing  zone  under  this  Agreement  shall 
notify  their  catch  statistics  to  the  Tanzanian  authorities,  with  a  copy  for  the 
Delegation  of  the  European  Commission  in  Tanzania,  in  accordance  with  the 
following procedure: 

Tuna  seiners  and  surface  longliners  shall  complete  a  form  corresponding  to  the 
specimen  given  in  Appendix  2  for  each  period  spent  fishing  in  Tanzania’s  fishing 
zone. The forms shall be sent to the competent authorities referred to above not later 
than 31 March of the following year of the validity of the licence. 

The forms must be completed legibly and be signed by the master of the vessel or by 
the  representative  of  the  ship-owner’s  association.  In  addition,  they  must  be 
completed by all vessels which have obtained a licence, even if they have not fished. 

3.2. 

The final statement of the fees due for the fishing year in respect of each vessel shall 
be drawn up not later than 30 June of the following year of the validity of the licence 
by the European Commission. This final statement shall be drawn up on the basis of 
the catch statements made by the ship-owners (a specimen of which is at Appendix 
2),  confirmed  by  the  scientific  institutes  responsible  for  verification  of  the  catch 
figures  in  Member  States,  such  as  IRD  (Office  for  Research  and  Development  in 
France), IEO (Spanish Oceanographic Institute in Spain), INIAP (Instituto Nacional 
de Investigaçao Agricola y de Pesca in Portugal). 

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The final statement of fees shall be notified simultaneously to the Tanzanian fisheries 
authorities  and  the  ship-owners.  Any  additional  payment  due  shall  be  paid  by  the 
ship-owners within 30 days into an account specified by the Tanzanian authorities. 

If  the  amount  of  the  sum  due  for  actual  fishing  operations  is  less  than  the  advance 
payment referred to in point 2.2 above, the corresponding outstanding sum shall not 
be recoverable by the ship-owner. 

4. 

Communications 

Vessels  shall  notify  the  Tanzanian  authorities  of  their  intention  to  enter  or  leave 
Tanzania’s  fishing  zone  at  least  three  (3)  hours  in  advance.  When  notifying  their 
entering and departure, all vessels shall also notify the estimated catches on board. 

This information should be communicated by fax and for vessels not equipped with a 
fax, by radio. While they are engaged in fishing activities in Tanzania’s fishing zone, 
vessels shall communicate their position and catches every 3 days. 

The radio call sign, frequency and working hours of the radio station as well as the 
relevant fax number shall be communicated to the European Commission before the 
date of entry into force of this Agreement. 

5. 

Observers 

5.1. 

At the request of the Tanzanian authorities, vessels shall take on board an observer 
for the duration of a fishing campaign designated by these authorities. The observer 
shall  have  all  the  facilities  necessary  for  the  performance  of  these  duties  including 
access to places and documents as set out in point 5.2. Observers must not be present 
for  longer  than  the  time  required  to  fulfil  their  duties.  They  shall  be  provided  with 
appropriate food and accommodation while on board.  

The  salary  and  social  contributions  of  the  observer  shall  be  borne  by  Tanzanian 
authorities. The ship-owner shall, via his agent, make a payment of EUR 12  to  the 
Tanzanian  government  for  each  day  spent  by  an  observer  on  board  a  Community 
vessel in the Tanzania’s fishing zone. 

The embarkation port and the conditions governing his embarkation shall be agreed 
between  the  ship-owner  or  his  agent  and  the  Tanzanian  authorities.  The  cost  of 
approaching for the observer the Tanzanian port of embarkation shall be borne by the 
Tanzanian authorities. 

If a vessel with a Tanzanian observer on board leaves Tanzania’s fishing zone, every 
step  shall  be  taken  to  ensure  that  the  observer  disembarks  at  the  nearest  port  from 
which she/he shall be transported back to Tanzania as soon as possible, at the ship-
owner’s expense. 

If  a  Community  vessel  can  not  approach  a  Tanzanian  port  the  embarkation  of  the 
observer  shall  be  carried  out  using  a  vessel  of  the  Tanzanian  authorities.  The  spot 
where  the  observer  is  to  be  transferred  and  the  associated  approach  costs  shall  be 
agreed with the Tanzanian authorities, the costs being borne by the ship-owner. 

EN 

14 

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If  the  observer  is  not  present  at  the  time  and  place  agreed  and  during  the  4  hours 
following  the  time  agreed,  ship-owners  shall  be  automatically  absolved  of  their 
obligation  to  take  the  observer  on  board.  If  the  vessel  is  delayed  in  getting  under 
way,  the  ship-owner  shall  bear  the  observer’s  board  and  lodging  costs  from  the 
agreed time until the time of actual embarkation. 

5.2. 

Once on board, the observer shall: 

– 

– 

– 

– 

– 

– 

observe the fishing activities of the vessel, 

verify the position of the vessel engaged in fishing operations, 

note the fishing gear used, 

verify the catch data for Tanzania’s zone recorded in the logbook, 

access places and documents necessary for the performance of his duties, 

draw up an activity report to be transmitted to the Tanzanian authorities 

5.3.  While on board, the observer: 

– 

– 

must take all appropriate steps to ensure that the conditions under which he is 
taken  on  board  and  his  presence  on  board  do  not  interrupt  or  hamper  fishing 
activities, 

must respect the material and equipment on board and the confidentiality of all 
documents belonging to the vessel. 

6. 

Inspection 

Vessels shall also allow on board, and assist in the accomplishment of their duties, 
any other Tanzanian officials responsible for inspection and monitoring. 

7. 

Signing-on of seamen 

7.1. 

7.2. 

At  least  30  Tanzanian  seamen  shall  be  employed  by  the  Community  fleet  for  the 
duration of the fishing campaign in the Tanzania’s fishing zone.  

If local seamen are embarked unto Community vessels, an employment contract shall 
be established between the owner of the vessel or his agent(s) and the seaman and/or 
his  labour  union  or  his  representative  in  liaison  with  the  competent  Tanzanian 
authorities.  These  contracts  shall  guarantee  to  the  local  seamen  the  benefit  of  their 
social  security  regime,  including  life,  health  and  accident  insurance.  The  local 
seamen remuneration conditions must not be inferior of those applicable to the local 
crews and in any case not inferior to the ILO standards.  

A copy of the contract shall be given to the signatories thereof and to the Tanzanian 
authorities. 

7.3. 

If the employment contract is established with a vessel owner's agent, it shall specify 
the name of the owner of the vessel and the flag state 

EN 

15 

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7.4. 

The  owner  of  the  vessel  shall  guarantee  to  the  local  seamen  embarked  on  board 
living  and  working  conditions  aboard  similar  to  those  enjoyed  by  the  Community 
seamen on board the vessel. 

8. 

Fishing zones 

Community  vessels  fishing  within  the  framework  of  this  Agreement,  shall  have 
access to all of Tanzania’s fishing zone beyond 12 nautical miles from the coast. 

9. 

By-catches 

The Tanzanian authorities shall make available a vessel for collecting the catches of 
Community vessels operating in Tanzania’s fishing zone. This vessel shall collect the 
by-catches of Community vessels. 

Where  the  Tanzanian  authorities  decide  to  collect  catches  after  notification  by 
Community  vessels  on  the  availability  of  such  by-catches,  they  shall  inform  the 
captain of the maximum time limit within which the collection is to be carried out. 

The  captain  of  the  Community  vessel  shall  propose  to  the  Tanzanian  authorities  a 
venue  date  and  time  slot  for  transferring  the  by-catches,  which  should  be  fit  for 
human consumption. This date and time slot must allow the collection vessel to reach 
the place indicated in time and agreed between the two parties. 

Collection costs shall be borne by Tanzania. 

The fish transferred shall be used to supply the market with a view to enhance food 
security and alleviation of poverty. 

By-catch  dumping  should  be  banned  in  all  circumstances,  except  in  case  the 
Tanzanian authorities are unable to collect the available by-catch. 

10. 

Property of rare species 

All marine species, whose preservation is justified due to their rarity or for biological 
research needs, and which are caught by a Community vessel fishing in Tanzania’s 
fishing zone shall be the property of the Tanzanian authorities and shall be delivered, 
as  soon  as  possible  and  in  the  best  possible  condition,  to  a  Tanzanian  port  free  of 
charge. 

11. 

Infringements 

11.1. 

11.2. 

Infringements  of  any  of  the  provisions  of  this  Annex  shall  be  dealt  with  in 
accordance with the laws of Tanzania. 

The Delegation of the European Commission in Tanzania shall be notified within 72 
hours of any alleged infringement by a vessel holding a valid licence granted under 
this Agreement together with a brief report of the circumstances. 

EN 

16 

   EN 

 
12. 

Procedure in case of boarding 

12.1. 

Transmission of information 

The Tanzanian authorities shall inform the Delegation of the European Commission 
in  Tanzania  and  the  flag  State  concerned,  within  48  hours  of  the  boarding  of  any 
fishing vessel flying the flag of a Member State of the Community in the Tanzanian 
fishing  zone  and  shall  transmit  a  brief  report  of  the  circumstances  and  reasons 
leading to such boarding. The Delegation and the flag State shall be kept informed of 
any proceedings initiated and penalties imposed. 

12.2. 

Settlement of boarding 

In  accordance  with  the  laws  of  Tanzania  on  fisheries  and  the  relevant  regulations, 
infringements may be settled: 

– 

– 

either by composition, in which case the amount of the fine shall be determined 
in accordance with Tanzanian legislation laying down minimum and maximum 
amounts; 

or  by  legal  proceedings,  if  no  composition  is  possible,  in  accordance  with 
Tanzanian law. 

12.3. 

The vessel shall be released and its crew authorised to leave the port: 

– 

– 

either  as  soon  as  the  obligations  imposed  by  the  composition  procedure  have 
been completed on presentation of the receipt for the settlement, or 

on  presentation  of  proof  that  a  bank  security  has  been  lodged,  pending 
completion of the legal proceedings. 

____________ 

EN 

17 

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APPENDIX 1 

THE UNITED REPUBLIC OF TANZANIA 

APPLICATION FORM FOR A LICENCE 

TO FISH IN THE EXCLUSIVE ECONOMIC ZONE 

OF THE UNITED REPUBLIC OF TANZANIA 

I.E. BEYOND THE 12 NAUTICAL MILES TERRITORIAL SEA 

APPLICANT 

Name of applicant (shipowner) .........................................................................................  

Address (postal Telex, Fax)...............................................................................................  

Date and place of birth ......................................................................................................  

Occupation.........................................................................................................................  

Name and address of local representative .........................................................................  

...........................................................................................................................................  

VESSEL 

Type of vessel....................................................................................................................  

Registration No..................................................................................................................  

New name.......................................... former name...........................................................  

Date and place of construction ..........................................................................................  

Original nationality............................................................................................................  

Flag State ...........................................................................................................................  

Length.................................. .beam ........................... hold ................................................  

Gross tonnage .................................... Net tonnage............................................................  

Make engine .................................................. Type...........................................................  

– 

– 

– 

– 

– 

Side view photograph 

Survey certificate 

Insurance 

Flag State 

Registration certificate 

EN 

18 

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Propeller 

fixed [ 

] 

variable [ 

] 

dected [ 

] 

Transit speed......................................................................................................................  

Call sign............................................. Call frequency .......................................................  

List of sounding, navigating and transmission instruments: 

Radar 

VHF 

[ 

[ 

] 

] 

Sonar 

SSB 

[ 

[ 

]  Net sonde 

[ 

] 

]  Net sonde satellite [ 

] 

Navigation 

[ 

] 

Others: ...............................................................................................................................  

No. of seamen 

List  of  names,  citizenship,  passport  numbers,  employment  contracts  (in  case  of 
Tanzanian crew) to be attached. 

PRESERVATIONS 

Packed in ice 

Dry 

[ 

[ 

] 

] 

ice + refrigeration  [ 

] 

Freezing in brine [ 

] 

Refrigerated sea water [ 

] 

Total refrigeration power...................................................................................................  

Freezing capacity in tones/24 hours ..................................................................................  

Holding capacity................................................................................................................  

Type of construction material............................................................................................  

TYPE OF FISHING 

A: 

DEEP SEA PELAGIC (tuna) 

Pole and line [ 

Seine 

[ 

] 

] 

No. Of poles & lines…………………………….. 

Length of net…………depth of net……………… 

No. of tanks………………….capacity in tones…………………………………. 

B: 

LONG LINES AND POTS: 

Surface 

[ 

] 

Bottom 

[ 

] 

Length of lines............................. No. of hooks ....................................................  

EN 

19 

   EN 

 
 
No. of lines .................................. No. of pots .......................................................  

C: 

SHORE INSTALLATION (AT HOME OR WORK PLACE OF APPLICANT) 

Address and permit No:…………………………………………………………. 

……………………………………………………………………………..…… 

Name of firm…………………………………………………………………….. 

Activities……………………………………………………………………….… 

…………………………………………………………………………………... 

Domestic whosesale fish trade [ 

]  Export 

[ 

] 

Type and number of wholesale trade licence ....................................................................  

…………………………………………………………………………………………… 

Description of processing and conservation of plant ........................................................  

…………………………………………………………………………………………… 

No. of employees...............................................................................................................  

DECLARATION 

I affirm that the above particulars are correct and solely undertake: 

a) 

b) 

c) 

d) 

e) 

To abide by the provisions of this Agreement and all laws of Tanzania. 

To  abide  by  all  instructions  of  the  Tanzania  authorities  regarding  safety 
precautions to be taken on voyage or while engaged in fishing. 

Not to carry an undesirable person on board. 

Not to cause any undesirable activities on board the fishing vessel. 

To take full responsibility of the crew on board. 

Date:………………………….. 

……………………………… 

Name and signature of applicant 

N/B: Indicate affirmative answers by a tick in the appropriate box. 

EN 

20 

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Appendix 2 
ICCAT LOGBOOK FOR TUNA FISHERY 

Vessel name:…………………………………………………………………… 

Flag Country: 
……………………………………………………………………...........................

Gross tonnage (GRT): 
………………………………………………….............................
Capacity - (MT): …………………………………………….. 

Registration No: ………………………………………………………………. 

Captain: ……………………………………………………….. 

Owner: ………………………………………………………… 

No of Crew: 
….…………………………………………………........................

Boat RETURNED: 

Address: ………………………………………………………………………….  Reporting Date: ………………………………………………. 

Boat LEFT: 

(Reported by): 
……………………………………………….................................

Month Day 

Year 

Port 

Longline 
Live bait 
Purse seine 
Trawling 
Others 

No of days at sea: 

No of fishing days: 

No of sets made: 

Trip No: 

Date 

Area 

Month  Day 

u
t
i
t
a
L

e
d

S
/
N

e
d
u

W
E

/

t
i
g
n
o
L

Surf. 
Water 
Temp. 
(ºC) 

Effort 
No of hooks 
used 

Bluefin Tuna
Thunnus 
Thynnus or 
maccoyii 
No  Weigh
t 
kg 

Yellowfin Tuna 
Thunnus 
albacares 

(Bigeye Tuna) 
Thunnus 
obesus 

(Albacore) 
Thunnus 
alalunga 

(Swordfish) 
Xiphias 
gladius 

(Striped marlin) 
(White Marlin) 
Tetraptunus 
audax or albidus 

(Black Marlin)
Makaira 
indica 

(Sailfish) 
Istiophorus albicane 
or platypterus 

Skipjack 
Katsuwonus 
pelamis 

(Mixed catches) 

Daily Total 
(weight in kg 
only) 

y
r
u
a
S

d
i
u
q
S

e
v
i
L

t
i
a
b

(Others) 

No 

Kg 

No 

kg 

No 

kg 

No 

kg 

No 

kg 

No 

kg 

No 

kg 

No 

kg 

No 

kg 

No 

kg 

Catches 

Isco usado na pesca 
(Bait used) 

LANDING WEIGHT (IN KG) 
Remarks 

1 - Use one sheet per month, and one line per day. 

  2 - “Day” refers to the day you set the line. 

  3 - Fishing area refers to the position of the boat. Round off minutes and record 
degree of latitude and longitude. Be sure to record N/S and E/W.. 

4 - The bottom line -landing weight- should be completed only at the end of each trip. Actual 
weight at the time of unloading should be recorded. 

5 - All information reported herein will be kept strictly confidential. 

EN 

21 

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LEGISLATIVE FINANCIAL STATEMENT 

This document is intended to accompany and complement the Explanatory Memorandum. As such, 
when  completing  this  Legislative  Financial  Statement,  and  without  prejudice  to  its  legibility,  an 
attempt  should  be  made  to  avoid  repeating  information  contained  in  the  Explanatory 
Memorandum. Before filling in this template, please refer to the specific Guidelines that have been 
drafted to provide guidance and clarification for the items below.  

1. 

NAME OF THE PROPOSAL: 

PROPOSAL  FOR  A  COUNCIL  REGULATION  ON  THE  CONCLUSION  OF  THE 
AGREEMENT  BETWEEN  THE  EUROPEAN  COMMUNITY  AND  THE  UNITED 
REPUBLIC OF TANZANIA ON FISHING IN TANZANIA’S FISHING ZONE 

2. 

ABM / ABB FRAMEWORK 

Policy Area(s) concerned and associated Activity/Activities: 

11. Fisheries, 1103. International Fisheries Agreements 

3. 

BUDGET LINES 

3.1. 

Budget  lines  (operational  lines  and  related  technical  and  administrative  assistance 
lines (ex- B..A lines)) including headings: 

110301: “International Fisheries Agreements”; 

11010404: “International Fisheries Agreements, administrative expenditure”. 

3.2. 

Duration of the action and of the financial impact: 

The Agreement, automatically renewable until denunciation from one of the two Parties, 
and the Protocol, have been concluded for an initial period of 3 years. 

3.3. 

Budgetary characteristics (add rows if necessary): 

Budget 
line 

Type of expenditure 

New 

EFTA 
contribution 

Contributions 
from applicant 
countries 

Heading in 
financial 
perspective 

11.0301 

Comp 

11.010404 

Comp 

Diff5 

Non-
diff6 

NO 

NO 

NO 

NO 

NO 

NO 

No 4 

No 4 

5 
6 

Differentiated appropriations 
Non-differentiated appropriations hereafter referred to as NDA 

EN 

22 

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4. 

SUMMARY OF RESOURCES 

4.1. 

Financial Resources 

4.1.1.  Summary of commitment appropriations (CA) and payment appropriations (PA) 

Year n 

n + 1 

n + 2 

Total 

EUR 

Expenditure 
type 

Section 
no. 

Operational expenditure7 

Min 

Max(x) 

Min 

Max(x)  

Min 

Max(x) 

Min 

Max(x) 

8.1 

a 

600,000 

1,800,000 

600,000 

1,800,000 

600,000 

1,800,000 

1,800,000 

5,400,000 

b 

600,000 

1,800,000 

600,000 

1,800,000 

600,000 

1,800,000 

1,800,000 

5,400,000 

Commitment 
Appropriations 
(CA) 

Payment 
Appropriations 
(PA) 

(x)  In  case  the  annual  catches  exceed  the  reference  tonnage,  the  financial  compensation  shall 
increase proportionally at the rate of € 75 per additional ton caught. However, the total amount of 
the financial contribution can not exceed € 1,800,000. 

Administrative expenditure within reference amount8 

Technical & 
administrative 
assistance 
(NDA) 

8.2.4 

c 

33,000 

33,000 

73,000 

139,000 

TTOOTTAALL  RREEFFEERREENNCCEE  AAMMOOUUNNTT 

Commitment 
Appropriation 

Payment 
Appropriation 

a
+
c 

b
+
c 

633,000 

1,833,000 

633,000 

1,833,000 

673,000 

1,873,000 

1,939,000 

5,539,000 

633,000 

1,833,000 

633,000 

1,833,000 

673,000 

1,873,000 

1,939,000 

5,539,000 

Administrative expenditure not included in reference amount9 

Human 
resources  and 
associated 
expenditure 
(NDA) 

8.2.5 

d 

64,800 

64,800 

64,800 

194,400 

7 
8 
9 

Expenditure that does not fall under Chapter 11 01 of the Title 11 concerned. 
Expenditure within article 11 01 04 of Title 11. 
Expenditure within chapter 11 01 other than articles 11 01 04. 

EN 

23 

   EN 

 
 
 
 
 
 
 
 
 
                                                 
Administrative 
costs, 
other 
human 
than 
resources  and 
associated 
costs, 
included 
reference 
amount (NDA) 

not 
in 

8.2.6 

e 

11,500 

11,500 

11,500 

34,500 

Total indicative financial cost of intervention  

TOTAL  CA 
including  cost 
Human 
of 
Resources 

TOTAL 
PA 
including  cost 
of 
Human 
Resources 

a
+
c
+
d
+
e 
b
+
c
+
d
+
e 

Co-financing details 

709,300 

1,909,300 

709,300 

1,909,300 

749,300 

1,949,300 

2,167,900 

5,767,900 

709,300 

1,909,300 

709,300 

1,909,300 

749,300 

1,949,300 

2,167,900 

5,767,900 

If the proposal involves co-financing by Member States, or other bodies (please specify which), an 
estimate of the level of this co-financing should be indicated in the table below (additional lines 
may be added if different bodies are foreseen for the provision of the co-financing): 

Year 
n 

n + 1 

n + 2 

n + 3 

n + 4 

EUR  

Total 

n  +  5 
and 
later 

Co-financing body 

…………………… 
TOTAL CA including co-
financing 

f 
a+c
+d+
e+f 

4.1.2.  Compatibility with Financial Programming 

⌧  Proposal is compatible with existing financial programming. 

(cid:133) 

(cid:133) 

Proposal  will  entail  reprogramming  of  the  relevant  heading  in  the  financial 
perspective. 

Proposal  may  require  application  of  the  provisions  of  the  Interinstitutional 
Agreement10 (i.e. flexibility instrument or revision of the financial perspective). 

10 

See points 19 and 24 of the Interinstitutional agreement. 

EN 

24 

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4.1.3.  Financial impact on Revenue 

⌧  Proposal has no financial implications on revenue 

(cid:133) 

Proposal has financial impact – the effect on revenue is as follows: 

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

Budget line 

Revenue 

EUR million (to one decimal place) 

Prior to
action 
[Year 
n-1] 

[Yea
r n] 

Situation following action 

[n+1] [n+2] [n+3

] 

[n+4]  [n+5]

11

a) Revenue in absolute terms 

b) Change in revenue 

 ∆ 

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

4.2. 

Human  Resources  FTE  (including  officials,  temporary  and  external  staff)  –  see 
detail under point 8.2.1. 

Annual requirements  Year n  n + 1 

n + 2 

n + 3 

n + 4 

n + 5 
and 
later 

Total 
number 
human resources 

of 

0,8 

0,8 

0,8 

- 

- 

- 

5. 

CHARACTERISTICS AND OBJECTIVES 

Details of the context of the proposal are required in the Explanatory Memorandum. 
This  section  of  the  Legislative  Financial  Statement  should  include  the  following 
specific complementary information: 

5.1. 

Need to be met in the short or long term 

The  purpose  of  this  new  bilateral  fishery  Agreement  is  to  allow  Community  vessels  to 
obtain  fishing  rights  for  purse  seine  vessels  and  surface  long-liners  in  the  Tanzania’s 
fishing zone, exclusively for tuna and tuna-like species. 

The  financial  contribution  paid  by  the  Community  in  exchange  for  fishing  rights,  in 
conjunction with the licence fees paid by ship-owners, constitutes an important source of 
revenues for the Tanzanian Government. 

11 

Additional columns should be added if necessary i.e. if the duration of the action exceeds 6 years 

EN 

25 

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In  addition,  the  Agreement  will  generate  an  economic  impact  on  Tanzania’s  fishery 
sector, through the implementation of the partnership approach, and, more generally, on 
the economic development of the country at large. 

5.2. 

Value-added  of  Community  involvement  and  coherence  of  the  proposal  with  other 
financial instruments and possible synergy 

The Community considers that this Agreement shall contribute: 

– 

– 

to promote sustainable fisheries activities and provide a binding framework for all 
concerned  parties,  i.e.  the  Community,  its  Member  states,  the  European  operators 
and the third country to attain this objective and, 

to  protect  and  develop  European  fishing  activities  within  these  waters  and  to 
enhance their political and socio-economic impact both in Europe and in Tanzania. 

5.3. 

Objectives, expected results and related indicators of the proposal in the context of 
the ABM framework 

The objective of the EC/Tanzania Fisheries Agreement is to allow for 39 tuna seiners and 
31  surface  longliners  to  fish  simultaneously  for  tuna  and  other  migratory  species  in  the 
Tanzania’s fising zone, while respecting the technical provisions set in the Agreement. 

Expected  catches  for  the  entire  fleet  are  estimated  at  8,000  tons  of  tuna  per  year.  The 
relative  financial  contribution  is  fixed  at  600,000  euros  per  year.  However,  in  case  of 
annual catches exceeding 8,000 tons, the Community will pay 75 euros per ton for each 
additional  ton.  In  any  case,  the  overall  Community  payment  cannot  exceed  1,800,000 
euros per year. 

65 % of the financial contribution (390,000 euros per year) will be allocated to enhancing 
responsible fishing in Tanzania’s fishing zone (art. 3 of the Protocol). 

The following indicators will be used in the context of the ABM framework to monitor 
the implementation of the Agreement:  

– 

– 

– 

– 

– 

– 

– 

rate of utilisation of the fishing possibilities; 

contribution to employment and value added in the EC; 

contribution to Community market stabilization; 

contribution towards overall poverty reduction in Tanzania, including contribution 
to employment and infrastructure development in Tanzania and support to the State 
budget;  

results  expected  through  the  use  of  the  amount  of  the  financial  contribution 
allocated to enhancing responsible fishing in Tanzania’s fishing zone (Article 3 of 
the Protocol); 

information on by-catches and environmental impact as reported by observers; 

number of Joint Committee meetings and of technical meetings; 

EN 

26 

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5.4.  Method of Implementation (indicative) 

Show below the method(s)12 chosen for the implementation of the action. 

⌧  Centralised Management 

⌧  Directly by the Commission 

ٱ 

Indirectly by delegation to: 

ٱ 

ٱ 

ٱ 

Executive Agencies 

Bodies  set  up  by  the  Communities  as  referred  to  in  art.  185  of  the 
Financial Regulation 

National public-sector bodies/bodies with public-service mission 

ٱ 

Shared or decentralised management 

ٱ  With Member states 

ٱ  With Third countries 

ٱ 

Joint management with international organisations (please specify) 

6. 

MONITORING AND EVALUATION 

6.1.  Monitoring system 

As a general rule, from the entry into force of the Agreement, the competent Commission 
services will collect the appropriate information allowing the verification and follow up 
of the indicators listed at the above point 5.3. The use of licences is closely followed and 
data on actual catches are collected in accordance with the rules set out in the Agreement. 

As  far  as  the  measures  aiming  at  the  development  of  sustainable  fishing  are  concerned, 
the  Protocol  foresees  the  submission  of  a  detailed  annual  programming  by  the  partner 
country,  including  schedule  and  the  expected  objectives  of  specific  actions  to  be 
undertaken, before payments are made. 

6.2. 

Evaluation 

6.2.1.  Ex-ante evaluation 

An  ex-ante  evaluation  has  been  carried-out  between  September  and  October  2004  with 
the  assistance  of  an  independent  consortium  of  consultants.  The  main  results  can  be 
resumed as follows. 

Consistency 

The  Agreement  is  consistent  with  the  broader  objectives  of  EU  and  Tanzania,  i.e.  to 
strengthen  the  regional  and  international  collaboration  in  the  sustainable  exploitation, 

12 

If more than one method is indicated please provide additional details in the "Relevant comments" section of 
this point 

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management and conservation of resources, in particular to develop a national capability 
to  exploit  the  territorial  waters  and  EEZ,  to  strengthen  environmental  conservation 
practises  by  improved  surveillance  against  prohibitive  fishing  practises,  to  actively 
participate  in  regional  and international fora and to enhance sustainable management of 
resources in the EEZ as provided under UN conventions. 

In particular, concerning the consistency with the EU objectives: the three objectives of 
the Cotonou Agreement are: poverty reduction and ultimately its eradication; sustainable 
development;  and,  smooth  and  progressive  integration  of  ACP  countries  into  the  world 
economy. 

As far as the Tanzania’s objectives are concerned, the Fisheries Agreement is consistent 
with  the  policy  of  the  Government  of  Tanzania.  It  provides  a  financial  return  to  an 
unexploited fishery in the Tanzanian EEZ which at the present time cannot be harvested 
by  national  interests.  The  targeted  actions  reflect  government  priorities  for  fisheries 
management and development. 

The Agreement is consistent with the FAO Code of Conduct, in that it provides a formal 
basis  for  licensing  of  EU  fishing  effort  within  Tanzanian  EEZ,  and  can  support  the 
development and maintenance of sustainable fisheries. 

Effectiveness 

Contribution of the Agreement to the activities of Community fishers: 

The  agreement  with  Tanzania  is  especially  important  to  community  fishers  wishing  to 
follow the migration of stocks from area to area, allowing for more efficient usage of their 
catch capacity. 

There will be a variable impact on fleet segments. The Agreement will be more beneficial 
for  the  EC  purse  seine  sector  which  currently  fishes  tuna  in  the  Tanzanian  EEZ  under 
private licensing arrangements. In 2004, there are 36 EC purse seiners licensed to fish in 
the Tanzanian EEZ. 

Contribution of the FA to employment for the Community fishery sector: 

In  total,  between  85  and  719  workplaces  for  EC  national  could  be  protected  by  the 
Agreement. 

Stabilisation of the Community market 

In  the  period  1999  to  2003  the  average  combined  catch  of  tuna  by  French  and  Spanish 
flagged purse seiners in the Western Indian Ocean was 233,000 tonnes; however the trend 
as upward and with the respective quantity in 2003 amounting to 283,000 tonnes. 

Impact of the Agreement towards the development of the Tanzania’s fishery sector: 

There  are  a  number  of  potential  benefits  from  conclusion  of  the  Agreement  on 
development of the Tanzania’s fishery sector. 

A current issue in the Tanzanian EEZ fishery is the dual administration by mainland and 
Zanzibari fishery authorities. The conclusion of a fisheries agreement between the EC and 

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28 

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both authorities should allow for cooperative work in developing all fishery opportunities 
in the EEZ. 

To date, the artisanal fishing boats have not the capacity to harvest tuna stocks on the high 
seas.  The  identification  of  tuna  stocks  and  their  migration  patters,  together  with  the 
potential  development  of  an  on  shore  sector,  will  provide  a  potential  for  the  domestic 
artisanal sector to up grade its equipment to be capable of fishing tuna. 

Efficiency 

Cost of the Agreement: 

Currently,  private  licence  holders  pay  €  12,600  per  vessel  for  tuna  licences  to  the 
Tanzanian  authorities.  These  payments  are  regarded  as  unrealistically  low  given  the 
potential catch in Tanzanian waters. The total payment to Tanzania under the Agreement 
reflects a more equitable payment. 

The benefits for the EU remain high. For every € 1 spent, the FA will generate € 3.6 in 
Community  benefits.  These  benefits  include  value  added  to  the  EC  sector  (profits  and 
wages) and some added upstream (suppliers) and downstream benefits (processing). 

Failure  to  reach  the  reference  tonnage  catch  (8,000  tonnes)  will  make  the  Agreement 
costly since the EC will have to pay a higher price per tonne to account for under utilised 
opportunities. However, the evaluation suggests that not only will the reference tonnages 
be reached but it will exceed the reference catch. 

Advantages of an Agreement to the Community fleet: 

In the last two to three years, there has been a significant shift in fish migration into the 
EEZs.  Tanzania  has  witnessed  by  far  the  largest  degree  of  increased  activity.  Prior  to 
2003, no EC vessel sought fishing rights in the Tanzanian waters. 

Utilisation  of  the  financial  contribution  in  favour  of  the  development  of  the  Tanzanian 
fishery sector: 

The  Tanzanian  fishermen  do  not  target  tuna  and  High  migratory  species  to  any  degree. 
The extent of interactions between coastal stocks and tuna is unknown. The compensation 
provides the basis for positive benefits to the sector if Tanzania allocates 50 per cent of 
the  revenue  to  institutional  strengthening,  capacity  strengthening,  policy  design  and 
implementation. 

Sustainability 

Viability of Community fishermen: 

This  Agreement  alone  will  not  assure  the  viability  of  the  community  fishermen  in  the 
medium to long term. Since this will be dependent on the success of maintaining fishery 
agreements  with  other  countries  sustainable  exploitation  of  tuna  stocks  throughout  the 
area  of  their  geographical  distribution,  including  EEZ  of  coastal  states,  is  crucial  to  the 
viability of the EC fleet operating in the Indian Ocean. 

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Viability of the fishery sector in Tanzania: 

Additional economic benefits in terms of development are to be generated as a result of 
the Accord. 

Risks to stock sustainability: 

The  Community  is  a  significant  participant  in fishing  activities  in  the  Indian  Ocean  (46 
per cent). Under IOTC recommendation it is required to maintain effort on current levels 
of activity. The Community effort will not increase in the Indian Ocean by the conclusion 
of this Agreement. 

6.2.2.  Measures  taken  following  an  intermediate/ex-post  evaluation  (lessons  learned  from 

similar experiences in the past) 

The  proposed  Agreement  is  the  first  one  with  Tanzania  and,  consequently,  experience 
from interim or ex post evaluation of this specific Agreement is not yet available. 

The  EC  fishing  effort  in  the  Tanzania  is  compatible  with  all  the  regional  provisions 
applicable for the conservation and management of tuna resources (IOTC). As far as the 
state of targeted stocks are concerned, it appears that both yellowfin and bigeye are being 
fished at or around their maximum sustainable yields and IOTC has suggested that effort 
within the Indian Ocean as a whole be kept to the levels of year 2000. Stocks of the other 
key stock, skipjack, are considered in good shape and there are no specific management 
recommendations in place. 

6.2.3.  Terms and frequency of future evaluation 

Before  the  Protocol  is  renewed  the  entire  period  which  it  covers  will  be  evaluated, 
measuring indicators relating to results (catches, values of catches) and impact (number of 
jobs  created  and  maintained,  relation  between  the  cost  of  the  Protocol  and  the  value  of 
catches). 

The  indicators  listed  under  the  above  point  5.3  will  be  used  to  perform  the  ex  post 
evaluation, including an impact on the marine environment. 

7. 

ANTI-FRAUD MEASURES 

Fishery  Agreements  are  in  principle  commercial  agreements  where  a  financial 
contribution  is  paid  in  exchange  for  fishing  rights  in  the  waters  of  third  country.  This 
contribution is complemented by the licence fees paid by the EC ship-owners authorised 
to fish in the framework of the Agreement. 

The way in which this contribution is used depends exclusively on the responsibility of 
the  third  country,  as  a  sovereign  state.  A  part  of  the  financial  contribution  is  used  to 
finance activities supporting the fishery policy of the concerned country. 

Each payment  by the Commission in the context  of  the  fishery  Agreement is subject to 
the  normal  Commission’s  budgetary  rules  and  procedures.  This  includes,  in  particular, 
identification  of  the  bank  accounts  of  the  authorities  where  the  financial  contribution  is 
paid. 

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8. 

DETAILS OF RESOURCES 

8.1. 

Objectives of the proposal in terms of their financial cost 

(Headings  of  Objectives,  actions  and  outputs  should  be 
provided) 

Type of output 

OPERATIONAL  OBJECTIVE  No.1  13:  Fishing  opportunities 
in exchange for a financial compensation 
  Action 1 ………………. 

- Output 1 

Reference tonnage (8.000) 

Excess 
24.000) 

tonnage 

(max: 

Av. 
cost 

Year 

No. 
outputs 

1 

3 

n 

Year 

n+1 

Year 

n+2 

TOTAL 

Commitment appropriations in EUR  

Total cost 

No. 
outputs 

Total cost 

No. 
outputs 

Total cost 

No. 
outputs 

Total cost 

Min: 210,000 

1 

Min: 210,000 

1 

Min: 210,000 

3 

Min: 630,000 

Max(x): 
1,410,000 

3 

Max(x): 
1,410,000 

3 

Max(x): 
1,410,000 

9 

Max(x): 
4,230,000 

- Output 2 

  Action 2………………. 

- Output 1 

Sub-total Objective 1 
OPERATIONAL OBJECTIVE No.2 1: 
Actions in favour of responsible fisheries  
  Action 1:  

- Output 1:  

- Output 2:  

- Output 3:  

TOTAL COST 

- 

- 

- 

- 

- 

- 

- 

- 

- 

- 

surveillance and control 

Institutional support 

Development of local small-
scale fisheries 

1 

1 

1 

200,000 

75,000 

115,000 

1 

1 

1 

200,000 

75,000 

115,000 

1 

1 

1 

200,000 

75,000 

115,000 

3 

3 

3 

600,000 

225,000 

345,000 

Min: 600,000 
Max(x): 
1,800,000 

Min: 600,000 
Max(x): 
1,800,000 

Min: 600,000 
Max(x): 
1,800,000 

Min: 
1,800,000 
Max(x): 
5,400,000 

(x) In case the annual catches exceed the reference tonnage, the financial compensation shall increase proportionally at the rate of € 75 per additional ton caught. However, the total 
amount of the financial contribution can not exceed € 1,800,000. 

13 

As described under Section 5.3 

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8.2. 

Administrative Expenditure 

8.2.1.  Number and type of human resources 

Types of 
post 

Staff to be assigned to management of the action using existing and/or additional 
resources (number of posts/FTEs) 

Year n 

Year n+1 

Year n+2 

Year n+3 

Year n+4 

Year n+5 

A*/AD 

0.3 

Officials 
or 
temporary 
staff14 
(11 01 01) 

B*, 
C*/AST 

Staff  financed15  by 
art. 11 01 02 

staff16 
art. 

by 

Other 
financed 
11 01 04 

TOTAL 

0.3 

- 

0.2 

0.8 

0.3 

0.3 

- 

0.2 

0.8 

0.3 

0.3 

- 

0.2 

0.8 

- 

- 

- 

- 

- 

- 

- 

- 

- 

- 

- 

- 

- 

- 

- 

8.2.2.  Description of tasks deriving from the action 

• 

Assist  the  negotiator  in  preparing  and  conducting  the  negotiations  of  the  fisheries 
agreements: 

– 

– 

– 

– 

Participate  in  negotiations  with  third  countries  to  conclude  fisheries 
agreements.  

Prepare Draft Assessment Reports and Strategy notes for the Commissioner.  

Present and defend the positions of the Commission in the external working 
group of the Council.  

Participate in finding compromises with the Member States and reflect these 
in the final text of the Agreements. 

•  Monitoring of the agreements: 

– 

– 

Day to day follow-up of the fisheries agreements.  

Prepare and check the commitments and the payment orders of the financial 
compensations and of the targeted actions 

– 

Regular reporting of the implementation of the agreements. 

14 
15 
16 

Cost of which is NOT covered by the reference amount 
Cost of which is NOT covered by the reference amount 
Cost of which is included within the reference amount 

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– 

Evaluation of the agreements - scientific and technical aspects 

• 

Policy design: 

– 

Prepare draft Regulations and Decisions of the Council. Elaborate text of the 
agreements.  

– 

Launch and follow up the approval procedures.  

• 

Technical assistance: 

– 

Prepare the Commission position in view of Joint Committees. 

• 

Institutional Relations: 

– 

Represent  the  Commission  before  the  Council,  European  Parliament  and 
Member States in the context of the negotiation process.  

– 

Drafting of replies to written and oral Parliamentary questions … 

• 

Inter-service co-ordination and consultation: 

– 

Liaise with other Directorates General in matters concerning the negotiations 
and the follow-up of the agreements. 

– 

Carry out and respond to inter-service consultations. 

• 

Evaluation: 

– 

Participate  in  the  various  evaluation  exercises  (ex-ante,  mid-term,  ex-post) 
and impact assessments. 

– 

Analyse the attainment of objectives and quantified indicators. 

8.2.3.  Sources of human resources (statutory) 

(When more than one source is stated, please indicate the number of posts originating from each 
of the sources) 

⌧  Posts  currently  allocated  to  the  management  of  the  programme  to  be  replaced  or 

extended 

⌧  Posts pre-allocated within the APS/PDB exercise for year 2005 

(cid:133) 

(cid:133) 

(cid:133) 

Posts to be requested in the next APS/PDB procedure 

Posts  to  be  redeployed  using  existing  resources  within  the  managing  service 
(internal redeployment) 

Posts required for year n although not foreseen in the APS/PDB exercise of the year 
in question 

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8.2.4.  Other Administrative expenditure included in reference amount (11 01 04 – Expenditure on 

administrative management) 

Budget line 

(number and heading) 

Year 
n 

Year 
n+1 

Year 
n+2 

Year 
n+3 

Year 
n+4 

Technical 

and 
1 
assistance (including related staff costs) 

administrative 

  Executive agencies17 

  Other 
assistance 

technical  and  administrative 

- intra muros 

- extra muros(x) 

33,000 

33,000 

73,000 

  Total  Technical  and  administrative 
assistance 

33,000 

33,000 

73,000 

EUR  

TOTAL 

Year 
n+5  

and 
later 

139,000 

139,000 

(x)  Most  of  these  expenses  (33,000  €/year)  concern  an  expert  (ALAT)  based  in  Mauritius  Delegation  and 
financed under the 11 01 04 budget line.  

8.2.5.  Financial cost of human resources and associated costs not included in the reference 

amount 

Type of human resources 

Year n 

Year n+1  Year n+2  Year n+3  Year n+4 

EUR  

Year n+5 
and later 

Officials and temporary staff (XX 01 01) 

64,800 

64,800 

64,800 

Staff financed by Art XX 01 02 (auxiliary, 
END,  contract  staff,  etc.)  (specify  budget 
line) 
Total  cost  of  Human  Resources  and 
associated  costs  (NOT 
in  reference 
amount) 

64,800 

64,800 

64,800 

Calculation– Officials and Temporary agents  

Reference should be made to Point 8.2.1, if applicable 

- 

1A = 108,000 x 0.30 = 32,400 

1B = 108,000 x 0.15 = 16,200 

1C = 108,000 x 0.15 = 16,200 

Sub-total : 64,800 € 

17 

Reference  should  be  made  to  the  specific  legislative  financial  statement  for  the  Executive  Agency(ies) 
concerned. 

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- 

1 ALAT = 165,000 x 0.20 = 33,000 

Sub-total : 33,000 € 

Total: 97,800 € per year 

Calculation– Staff financed under art. XX 01 02 

Reference should be made to Point 8.2.1, if applicable 

8.2.6.  Other administrative expenditure not included in reference amount 

Year 
n 

Year 
n+1 

Year 
n+2 

Year 
n+3 

Year 
n+4 

  XX 01 02 11 01 – Missions 

10,000 

10,000 

10,000 

  XX 01 02 11 02 – Meetings & Conferences 

1,500 

1,500 

1,500 

- 

- 

- 

- 

EUR 

TOTAL 

30,000 

4,500 

Year 
n+5 
and 
later 

- 

- 

  XX 01 02 11 03 – Committees18  

  XX 01 02 11 04 – Studies & consultations 

  XX 01 02 11 05 - Information systems 

 2 

Total 

Other  Management 

Expenditure (XX 01 02 11) 

3 

Other 

expenditure 

administrative 
including reference to budget line) 

nature 

of 

an 
(specify 

Total Administrative expenditure, other 
than  human  resources  and  associated 
costs 
in  reference 
included 
amount) 

(NOT 

11,500 

11,500 

11,500 

- 

- 

- 

34,500 

Calculation - Other administrative expenditure not included in reference amount 

18 

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

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