Proposal for a Council Regulation on the conclusion of the Fisheries Partnership Agreement between the European Community and the Republic of Mozambique
Date: 2007-08-16
Institutions: European Commission
Subjects: Mozambique, cooperation agreement (EU), fishing agreement

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 16.8.2007 
COM(2007) 472 final 

2007/0170 (CNS) 

Proposal for a 

COUNCIL REGULATION 

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

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

The  Community  and  the  Republic  of  Mozambique  have  negotiated  and  initialled  on  21 
December  2006  a  Fisheries  Partnership  Agreement  which  provides  Community  fishermen 
with  fishing  opportunities  in  the  Mozambique  fishing  zone.  This  Partnership  Agreement, 
accompanied by a Protocol and the Annex thereto, has been signed for a period of five years 
from its entry into force and is renewable. On the date of its entry into force, this Agreement 
repeals  and  replaces  the  Agreement  between  the  European  Community  and  the  Republic  of 
Mozambique on fishing off the coast of Mozambique and related protocol which entered into 
force on 1 January 2004. 

The Commission’s negotiating position was based in part on the results of an ex-post and ex-
ante evaluation carried out by external experts. 

The  main  objective  of  the  new  Partnership  Agreement is to  strengthen cooperation between 
the European Community and the Republic of Mozambique, thereby creating a framework of 
partnership in which to develop a sustainable fisheries policy and responsible exploitation of 
fisheries resources in the Mozambique fishing zone, in the interests of both parties. The two 
Parties  are  taking  part  in  a  political  dialogue  on  topics  of  mutual  interest  in  the  fisheries 
sector.  Within  this  new  Fisheries  Partnership  Agreement,  special  attention  will  be  given  to 
supporting the fisheries policy of Mozambique. The two parties will agree on the priorities to 
be  decided  upon  for  such  support  and  identify  the  objectives,  the  annual  and  multiannual 
programming and the criteria to assess the results to be obtained, with a view to ensuring a 
sustainable and responsible management of the sector. 

The financial contribution is fixed at € 900 000 per year. It shall entirely be allocated to the 
support and implementation of initiatives taken in the context of the sectoral fisheries policy 
drawn up by the Government of Mozambique. 

As  regards  fishing  possibilities  for  EC  vessels,  44  purse  seine  vessels  and  45  surface  long-
liners shall be allowed to fish. The Protocol fixes a reference tonnage of 10 000 tonnes of tuna 
per year. It is established that the EC fishing effort in Mozambique EEZ will have to be in line 
with  appropriate  tuna  stock  assessments  based  on  scientific  criteria,  including  the  scientific 
overviews conducted by the Indian Ocean Tuna Commission (IOTC). 

The Partnership Agreement will also promote economic, scientific and technical cooperation 
in the fisheries sector and related sectors. 

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

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2007/0170 (CNS) 

Proposal for a 

COUNCIL REGULATION 

on the conclusion of the Fisheries Partnership 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) 

The  Community  and  the  Republic  of  Mozambique  have  negotiated  and  initialled  a 
Fishery  Partnership  Agreement  providing  Community  fishermen  with  fishing 
opportunities in the Mozambique fishing zone. 

(2) 

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

(3) 

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

HAS ADOPTED THIS REGULATION: 

Article 1 

The Fisheries Partnership Agreement between the European Community on the one hand, and 
the  Republic  of  Mozambique,  on  the  other,  (hereinafter  referred  to  as  "the  Agreement")  is 
hereby approved on behalf of the Community. 

The text of the Agreement is attached to this Regulation. 

1 
2 

OJ C […] […] p. […] 
OJ C […] […] p. […] 

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Article 2 

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

Fishing Category 

Type of vessel  

Member State 

Licences 

Tuna fishing 

Purse seine vessels  

Spain: 

Tuna fishing 

Long-liners 

France: 

Italy: 

Spain: 

France: 

Portugal: 

United Kingdom 

23 

20 

1 

21 

15 

7 

2 

If licence applications from these Member States do not cover all the fishing opportunities set out 
in  the  Protocol,  the  Commission  may  consider  licence  applications  from  any  other  Member 
State. 

Article 3 

The Member States whose vessels fish under the Agreement shall notify the Commission of 
the quantities of each stock caught within the Mozambique fishing zone in accordance with 
Commission Regulation (EC) No 500/2001 of 14 March 2001 laying down detailed rules for 
the application of Council Regulation (EEC) No 2847/93 on the monitoring of catches taken 
by Community fishing vessels in third country waters and on the high seas.3 

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 

3 

OJ L 73, 15.3.2001, p. 8. 

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Article 5 

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

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

Done at Brussels,  

For the Council 
The President 

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FISHERIES PARTNERSHIP 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 Cotonou Agreement, and their mutual desire to intensify that 
relationship, 

CONSIDERING  the  desire  of  the  two  Parties  to  promote  the  sustainable  exploitation  of 
fisheries resources by means of cooperation, 

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

RECOGNISING  that  Mozambique  exercises  its  sovereign  rights  or  jurisdiction  over  a  zone 
extending up to 200 nautical miles from the baseline in accordance with the United Nations 
Convention on the Law of the Sea, 

DETERMINED  to  apply  the  decisions  and  recommendations  taken  by  the  relevant  regional 
organisations of which the Parties are members, 

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  introduction  of 
responsible  fisheries  to  ensure  the  long-term  conservation  and  sustainable  exploitation  of 
marine living resources, 

CONVINCED  that  such  cooperation  must  take  the  form  of  initiatives  and  measures  which, 
whether  taken  jointly  or  separately,  are  complementary  and  ensure  consistent  policies  and 
synergy of effort, 

DECIDED, for the purposes of such cooperation, that the Parties shall establish the dialogue 
needed to implement Mozambique's fishing policies by involving civil society operators, 

DESIROUS  of  establishing  terms  and  conditions  governing  the  fishing  activities  of 
Community vessels in Mozambican waters and Community support for responsible fishing in 
those waters, 

RESOLVED  to  pursue  closer  economic  cooperation  in  the  fishing  industry  and  related 
activities by promoting cooperation between companies from both Parties, 

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HEREBY AGREE AS FOLLOWS: 

Article 1 - Scope 

This Agreement establishes the principles, rules and procedures governing: 

- 

- 

- 

- 

economic, financial, technical and scientific cooperation in the fisheries sector with a 
view  to  promoting  responsible  fishing  in  Mozambique's  fishing  zones  in  order  to 
guarantee  the  conservation  and  sustainable  exploitation  of  fisheries  resources  and 
develop Mozambique's fisheries sector; 

the  conditions  governing  access  by  Community  fishing  vessels  to  Mozambique's 
fishing zone; 

cooperation on the arrangements for policing fisheries in Mozambique's fishing zone 
with a view to ensuring that the above rules and conditions are complied with, that 
the  measures  for  the  conservation  and  management  of  fish  stocks  are  effective  and 
that illegal, undeclared and unregulated fishing is prevented; 

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

For the purposes of this Agreement: 

Article 2 - Definitions 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

(h) 

"Mozambican  authorities"  means  the  Ministry  of  Fisheries  of  the  Republic  of 
Mozambique;  

"Community authorities" means the European Commission;  

"Mozambique's  fishing  zone"  means  Mozambique's  marine  waters  where  fishing  is 
authorised;  

"fishing  vessel"  means  any  vessel  used  for  fishing  purposes  according  to 
Mozambican law; 

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

"Joint Committee" means a committee made up of representatives of the Community 
and Mozambique, as specified in Article 9 of this Agreement; 

"transhipment" means  the  transfer in the  port  area of some  or  all of the catch  from 
one fishing vessel to another vessel; 

"shipowner" means the person legally responsible for a fishing vessel, in its charge 
and control; 

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(i) 

"ACP seamen" means any seamen who are nationals of a non-European signatory to 
the Cotonou Agreement. 

Article 3 – Principles and objectives underlying the implementation of this Agreement 

1. 

2. 

3. 

4. 

5. 

1. 

2. 

3. 

The Parties hereby undertake to promote responsible fishing in Mozambican waters 
as provided  for in FAO's  Code  of  Conduct for Responsible  Fishing  on  the  basis of 
the  principles  of  non-discrimination  between  the  different  fleets  fishing  in  those 
waters. 

The  Parties  shall  cooperate  with  a  view  to  monitoring  the  results  of  the 
implementation  of  the  fishing  policy  adopted  by  the  Mozambican  Government  and 
evaluating  the  measures,  programmes  and  actions  carried  out  on  the  basis  of  this 
Agreement and shall establish, to this end, a political dialogue in the fisheries sector. 
The results of the evaluations shall be analysed by the Joint Committee referred to in 
Article 9 of this Agreement. 

The  Parties  hereby  undertake  to  ensure  that  this  Agreement  is  implemented  in 
accordance with the principles of good economic and social governance, respecting 
the state of fish stocks. 

The  employment  of  Mozambican  seamen  on  board  Community  vessels  shall  be 
the  International  Labour  Organisation  (ILO)  Declaration  on 
governed  by 
Fundamental  Principles  and  Rights  at  Work,  which  shall  apply  as  of  right  to  the 
corresponding  contracts  and  general  terms  of  employment.  This  concerns  in 
particular  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.  Non-Mozambican  ACP  seamen  on  board  Community  vessels  shall 
enjoy the same conditions. 

The Parties shall consult one another prior to adopting any decision that may affect 
the activities of Community vessels under this Agreement.  

Article 4 – Scientific cooperation 

During the period covered by this Agreement, the Community and the Mozambican 
authorities  shall  endeavour  to  monitor  the  evolution  of  resources  in  Mozambique's 
fishing zone.  

The  Parties  undertake  to  consult  one  other,  by  means  of  a  joint  scientific  working 
group 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. 

The  two  Parties,  on  the  basis  of  the  consultation  referred  to  in  paragraph  2  above, 
shall  consult  one  other  within  the  Joint  Committee  provided  for  in  Article  9  and 
jointly  adopt  conservation  measures  for  sustainable  management  of  fish  stocks 
affecting the activities of Community's vessels. 

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1. 

2. 

3. 

4. 

1. 

2. 

1. 

2. 

3. 

Article 5 – Access by Community vessels to fisheries in Mozambican waters 

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

The  fishing  activities  governed  by  this  Agreement  shall  be  subject  to  the  laws  and 
regulations  in  force  in  Mozambique.  The  Mozambican  authorities  shall  notify  the 
Commission of any amendments to that legislation. 

Mozambique  undertakes  to  take  all  the  appropriate  steps  required  for  the  effective 
application of the fisheries monitoring provisions in the Protocol. Community vessels 
shall  cooperate  with  the  Mozambican  authorities  responsible  for  carrying  out  such 
monitoring. 

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 
Mozambique's fishing zone. 

Article 6 - Licences 

Community  vessels  may  fish  in  Mozambique's  fishing  zone  only  if  they  are  in 
possession  of  a  fishing  licence  on  board,  or  a  copy  thereof,  issued  under  this 
Agreement and the Protocol hereto. 

The procedure for obtaining a fishing licence for a vessel, the fees applicable and the 
method of payment to be used by shipowners shall be as set out in the Annex to the 
Protocol. 

Article 7 – Financial contribution 

The Community shall grant Mozambique a financial contribution in accordance with 
the  terms  and  conditions  laid  down  in  the  Protocol  and  Annexes.  This  single 
contribution shall be based on two elements, namely: 

(a) 

(b) 

access  by  Community  vessels  to  Mozambican  waters  and  fisheries  resources, 
and 

the  Community's  financial  support  for  promoting  responsible  fishing  and  the 
sustainable exploitation of fisheries resources in Mozambican waters. 

The element of the financial contribution referred to in paragraph 1(b) above shall be 
determined  in  the  light  of  objectives  identified  by  common  accord  between  the 
Parties in accordance with the Protocol, to be achieved in the context of the sectoral 
fisheries  policy  drawn  up  by  the  Mozambican  Government  and  an  annual  and 
multiannual programme for its implementation. 

The  financial  contribution  granted  by  the  Community  shall  be  paid  each  year  in 
accordance with the Protocol and subject to this Agreement and the Protocol in the 
event of any change to the amount of the contribution as a result of: 

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(a) 

(b) 

(c) 

(d) 

serious  circumstances  other  than  natural  phenomena  which  are  such  as  to 
prevent fishing activities in Mozambican waters; 

a reduction in the fishing opportunities granted to Community vessels, made by 
mutual  agreement  for  the  purposes  of  managing  the  stocks  concerned,  where 
this is considered necessary for the conservation and sustainable exploitation of 
resources on the basis of the best available scientific advice; 

an increase in the fishing opportunities granted to Community vessels, made by 
mutual agreement between the Parties where the best available scientific advice 
concurs that the state of resources so permits; 

a  reassessment  of  the  terms  of  financial  support  for  implementing  a  sectoral 
fisheries  policy  in  Mozambican,  where  this  is  warranted  by  the  results  of  the 
annual and multiannual programming observed by both Parties; 

(e) 

termination of this Agreement under Article 12; 

(f) 

suspension of the application of this Agreement under Article 13. 

1. 

2. 

3. 

4. 

5. 

Article 8 – Promoting cooperation among economic operators and civil society 

The  Parties  shall  encourage  economic,  scientific  and  technical  cooperation  in  the 
fisheries  sector  and  related  sectors.  They  shall  consult  one  another  with  a  view  to 
coordinating the different measures that might be taken to this end. 

The Parties undertake to promote the exchange of information on fishing techniques 
and gear, preservation methods and the industrial processing of fisheries products. 

The  Parties  shall  endeavour  to  create  conditions  favourable  to  the  promotion  of 
relations  between  their  enterprises  in  the  technical,  economic  and  commercial 
spheres,  by  encouraging  the  establishment  of  an  environment  favourable  to  the 
development of business and investment.  

The  Parties  undertake  to  implement  a  plan  and  actions  between  Mozambican  and 
Community  operators  aimed  at  promoting  fish  landing  from  Community  vessels  in 
Mozambique. 

The Parties shall encourage, in particular, the setting-up of joint enterprises in their 
mutual interest which shall systematically comply with Mozambican and Community 
legislation. 

Article 9 – Joint Committee 

1. 

A Joint Committee shall be set up to monitor the application of this Agreement. The 
Joint Committee shall perform the following functions: 

(a)  monitoring  the  performance,  interpretation  and  application  of  this  Agreement 
and,  in  particular,  the  definition  of  the  annual  and  multiannual  programming 
referred to in Article 7(2) and evaluation of its implementation;  

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(b)  providing  the  necessary  liaison  for  matters  of  mutual  interest  relating  to 

fisheries;  

(c) 

(d) 

acting  as  a  forum  for  the  amicable  settlement  of  any  disputes  regarding  the 
interpretation or application of the Agreement;  

reassessing,  where  necessary, 
consequently, of the financial contribution; 

the 

level  of  fishing  opportunities  and, 

(e) 

any other function which the Parties decide on by mutual agreement. 

2. 

3. 

The  Joint  Committee  shall  exercise  its  functions  with  regard  to  the  results  of 
consultation at scientific level referred to in Article 4 of the Agreement. 

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

Article 10 – Geographical area to which the Agreement applies 

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

Article 11 - Duration 

This  Agreement  shall  apply  for  five  years  from  the  date  of  its  entry  into  force;  it  shall  be 
tacitly  renewed  for  additional  periods  of  five  years,  unless  notice  of  termination  is  given  in 
accordance with Article 12. 

Article 12 - Termination 

1. 

2. 

3. 

Application of this Agreement may be terminated by one of the Parties in the event 
of  serious  circumstances,  other  than  natural  phenomena,  which  are  beyond  the 
reasonable control of one of the Parties and are such as to prevent fishing activities in 
Mozambican waters. This Agreement may also be terminated by either Party in the 
event  of  degradation  of  the  stocks  concerned,  the  discovery  of  a  reduced  level  of 
exploitation of the fishing opportunities granted to Community vessels, or failure to 
comply  with  undertakings  made  by  the  Parties  with  regard  to  combating  illegal, 
unreported and unregulated fishing. 

The  Party  concerned  shall  notify  the  other  Party  in  writing  of  its  intention  to 
withdraw  from  the  Agreement  at  least  six  months  before  the  date  of  expiry  of  the 
initial period or each additional period.  

Dispatch  of  the  notification  referred  to  in  the  previous  paragraph  shall  open 
consultations by the Parties. 

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4. 

1. 

Payment of the financial contribution referred to in Article 7 for the year in which the 
termination takes effect shall be reduced proportionately and pro rata temporis. 

Article 13 - Suspension 

Application  of  this  Agreement  may  be  suspended  at  the  initiative  of  one  of  the 
Parties in the event of a serious disagreement as to the application of provisions laid 
down in the Agreement. Suspension of application of the Agreement shall require the 
interested Party to notify its intention in writing at least three months before the date 
on which suspension is due to take effect. On receipt of this notification, the Parties 
shall enter into consultations with a view to resolving their differences amicably. 

2. 

Payment  of  the  financial  contribution  referred  to  in  Article  7  shall  be  reduced 
proportionately and pro rata temporis, according to the duration of the suspension. 

Article 14 – Protocol and Annex 

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

Article 15 – National law 

The  activities  of  Community  vessels  operating in  Mozambican  waters  shall  be  governed  by 
the  applicable  law  in  Mozambique,  unless  otherwise  provided  in  the  Agreement  or  its 
Protocol, Annex and Appendices hereto. 

Article 16 - Repeal 

On  the  date  of  its  entry  into  force,  this  Agreement  repeals  and  replaces  the  Agreement 
between the European Community and the Government of the Republic of Mozambique on 
fishing off the coast of Mozambique which entered into force on 31 December 2003. 

Article 17 – Entry into force 

This  Agreement,  drawn  up  in  duplicate  in  the  Czech,  Estonian,  Danish,  Dutch,  English, 
Finnish,  French,  German,  Greek,  Hungarian,  Italian,  Latvian,  Lithuanian,  Maltese,  Polish, 
Portuguese,  Slovak,  Slovenian,  Spanish  and  Swedish  languages,  each  of  these  texts  being 
equally authentic. It shall enter into force on 1 January 2007. 

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Protocol setting out the fishing opportunities and financial contribution provided for in 
the Fisheries Partnership Agreement between the European Community and the 
Republic of Mozambique on fishing off the coast of Mozambique for the period from 
1 January 2007 to 31 December 2011 

Article 1 
Period of application and fishing opportunities 

1. 

For  a  period  of  five  years  from  1  January  2007,  the  fishing  opportunities  granted 
under Article 5 of the Agreement shall be as follows: 

highly  migratory  species  (species  listed  in  Annex  1  to  the  1982  United  Nations 
Convention): 

- 

- 

freezer tuna seiners: 44 vessels; 

surface longliners: 45 vessels. 

2. 

3. 

1. 

2. 

3. 

4. 

Paragraph 1 shall apply subject to Articles 4 and 5 of this Protocol. 

Vessels flying the flag of a Member State of the European Community may fish in 
Mozambique's fishing zone only if they are in possession of a fishing licence issued 
under this Protocol in accordance with the Annex hereto. 

Article 2 
Financial contribution – Methods of payment 

The financial contribution referred to in Article 7 of the Agreement shall comprise, 
for the period referred to in Article 1, an annual amount of EUR 650 000 equivalent 
to  a  reference  tonnage  of  10 000  tonnes  per  year  and  a  specific  amount  of 
EUR 250 000 per year for the support and implementation of Mozambique's sectoral 
fisheries policy. This specific amount shall be an integral part of the single financial 
contribution defined in Article 7 of the Agreement.  

Paragraph 1 shall apply subject to Articles 4, 5, 6 and 7 of this Protocol. 

The  Community  shall  pay  the  total  amount  referred  to  in  paragraph  1,  i.e. 
EUR 900 000, each year during the period of application of this Protocol.  

If  the  overall  quantity  of  catches  by  Community  vessels  in  Mozambican  waters 
exceeds the reference tonnage, the amount of the annual financial contribution shall 
be increased by EUR 65 for each additional tonne caught. However, the total annual 
amount paid by the Community shall not be more than twice the amount equivalent 
to  the  reference  tonnage  (EUR  1 300 000).  Where  the  quantities  caught  by 
Community  vessels  exceed  the  quantities  corresponding  to  twice  the  total  annual 
amount,  the  amount  due  for  the  quantity  exceeding  that  limit  shall  be  paid  the 
following year.  

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5. 

6. 

7. 

1. 

2. 

3. 

1. 

2. 

3. 

Payment  of  the  financial  contribution  referred  to  in  paragraph  1  shall  be  made  no 
later than 31 October 2007 for the first year and no later than 15 January 2008, 2009, 
2010, 2011 for the following years.  

Subject to Article 7, the Mozambican authorities shall have full discretion regarding 
the use to which this financial contribution is paid.  

The financial contribution shall be paid into a Public Treasury account opened at a 
financial institution designated by the Mozambican Authorities. 

Article 3 
Cooperation on responsible fishing – Scientific cooperation 

The Parties hereby undertake to promote responsible fishing in Mozambican waters. 

During the period covered by this Agreement, the Community and the Mozambican 
authorities shall monitor the evolution of resources in Mozambique's fishing zone. 

As of the date of entry into force of the Protocol, the Parties shall establish by mutual 
agreement  the  arrangements  for  the  scientific  consultation  provided  for  in  Article 
4(2)  of  the  Agreement  with  a  view  to  prepare  the  work  of  the  Joint  Committee 
referred to in Article 9 of the Agreement. 

Article 4 
Review of fishing opportunities by mutual agreement 

The  fishing  opportunities  referred  to  in  Article  1  may  be  increased  by  mutual 
agreement  provided  that  the  conclusions  of  the  scientific  meeting  referred  to  in 
Article  3(4)  confirm  that  such  an  increase  will  not  endanger  the  sustainable 
management  of  Mozambique's  resources.  In  this  case,  the  financial  contribution 
referred  to  in  Article  2(1)  shall  be  increased  proportionately  and  pro  rata  temporis. 
However,  the  total  amount  of  the  financial  contribution  paid  by  the  European 
Community may not exceed twice the amount referred to in Article 2(1). Where the 
quantities  caught  by  Community  vessels  exceed  twice  10 000  tonnes,  i.e.,  20 000 
tonnes,  the  amount  due  for  the  quantity  exceeding  that  limit  shall  be  paid  the 
following year.  

Conversely,  if  the  Parties  agree  to  adopt  a  reduction  in  the  fishing  opportunities 
provided for in Article 1, the financial contribution shall be reduced proportionately 
and pro rata temporis. 

The allocation of the fishing opportunities among different categories of vessels may 
also  be  reviewed,  following  consultations  and  agreement  between  the  Parties, 
provided  that  any  changes  comply  with  recommendations  made  by  the  scientific 
meeting  referred  to  in  Article  3  regarding  the  management  of  stocks  liable  to  be 
affected  by  such  redistribution.  The  Parties  shall  agree  on  the  corresponding 
adjustment  of  the  financial  contribution  where  the  redistribution  of  fishing 
opportunities so warrants. 

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1. 

2. 

1. 

2. 

3. 

1. 

Article 5 
New fishing opportunities 

Should Community vessels be interested in fishing activities which are not indicated 
in  Article 1,  the  Parties  shall  consult  one  another  prior  to  authorisation  by 
Mozambican authorities for these new activities. Where appropriate, the Parties shall 
agree  on  the  conditions  applicable  to  these  new  fishing  opportunities  and,  if 
necessary, make amendments to this Protocol and to the Annex hereto.  

The  Parties  shall  promote  exploratory  fishing  activities  in  Mozambican  waters.  In 
this framework, whenever one of the Parties so requests, the Parties shall consult one 
another and determine, on a case-to-case basis, the conditions and other parameters 
for these fishing activities.  

The two Parties shall carry out exploratory fishing activities in accordance with the 
parameters  adopted  by  mutual  agreement  and  with  administrative  provisions 
established to this effect. The authorisations for exploratory fishing shall be granted 
for a maximum of six months. 

Where the Parties conclude that the exploratory fishing trips have produced positive 
results, the Mozambican Government may award new fishing opportunities for new 
species  until  the  expiry  of  the  Protocol.  The  financial  contribution  referred  to  in 
Article 2(1) shall be increased accordingly. 

Article 6 
Suspension in the event of serious circumstances 

Where  serious  circumstances,  other  than  natural  phenomena,  prevent  fishing 
activities in Mozambican waters, the European Community may suspend payment of 
the financial contribution provided for in Article 2(1). The suspension decision shall 
be  taken  following  consultations  between  the  two  Parties  within  a  period  of  two 
months following the request of one of the Parties, and provided that the Community 
has paid in full any amounts due at the time of suspension. 

Payment  of  the  financial  contribution  shall  resume  as  soon  as  the  Parties  find,  by 
mutual agreement following consultations, that the circumstances preventing fishing 
activities  are  no  longer  present  and/or  that  the  situation  allows  a  resumption  of 
fishing activities. 

At the expiry of the suspension, the Parties shall agree on the circumstances in which 
Community vessels may resume fishing. 

Article 7 
Promotion of responsible fishing in Mozambican waters 

One  hundred  percent  of  the  financial  contribution  referred  to  in  Article  2  shall  be 
used  to  support  the  implementation  of  the  sectoral  fishing  policy  drawn  up  by  the 
Mozambican Government. 

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Mozambique  shall  be  responsible  for  managing  the  corresponding  amount,  on  the 
basis  of  the  objectives  identified  by  mutual  agreement  by  the  Parties  and  in 
accordance with the annual and multiannual programming. 

2. 

For the purposes of implementing the preceding paragraph, as soon as this Protocol 
enters into force and no later than three months after that date, the Community and 
Mozambique shall agree, within the Joint Committee provided for in Article 9 of the 
Agreement,  on  a  multiannual  sectoral  programme  and  detailed  implementing  rules 
covering, in particular:  

(a) 

(b) 

annual  and  multiannual  guidelines  for  using  the  percentage  of  the  financial 
contribution  referred  to  in  paragraph  1  and  its  specific  amounts  for  the 
initiatives to be carried out in 2007 year;  

the  objectives,  both  annual  and  multiannual,  to  be  achieved  with  a  view  to 
promoting  responsible  fishing  and  sustainable  fisheries,  taking  account  of  the 
priorities  expressed  by  Mozambique  in  its  national  fisheries  policy  and  other 
policies  relating  to  or  having  an  impact  on  the  introduction  of  responsible 
fishing and sustainable fisheries, in particular in terms of improving the health 
conditions  of  the  production  of  fishery  products  and  strengthening  the 
monitoring capacity of the competent Mozambican authorities;  

(c) 

criteria and procedures for evaluating the results obtained each year. 

Any  proposed  amendments  to  the  multiannual  sectoral  programme  or  of  the  use  of 
the specific amounts for the initiatives to be carried out in 2007 must be approved by 
both Parties within the Joint Committee. 

Each  year,  Mozambique  shall  allocate  the  share  corresponding  to  the  percentage 
referred to in paragraph 1 with a view to implementing the multiannual programme. 
For the first year of application of the Protocol, that allocation must be notified to the 
Community at the time when the multiannual sectoral programme is approved within 
the  Joint  Committee.  For  each  year  of  application  of  the  Protocol  thereafter, 
Mozambique shall notify the Community of the allocation no later than 1 September 
of the previous year. 

Where the annual evaluation of the progress made in implementing the multiannual 
sectoral programme so warrants, the European Community may ask for the financial 
contribution referred to in Article 2(1) of this Protocol to be readjusted with a view to 
bringing the actual amount of financial resources allocated to the implementation of 
the programme into line with its results. 

Article 8 
Disputes – suspension of application of the Protocol 

Any  dispute  between  the  Parties  over  the  interpretation  of  this  Protocol  on  its 
application shall be the subject of consultations between the Parties within the Joint 
Committee  provided  for  in  Article  9  of  the  Agreement,  in  a  special  meeting  if 
necessary, in order to reach an amicable settlement.  

3. 

4. 

5. 

1. 

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2. 

3. 

4. 

Where  the  amicable  settlement  referred  to  in  the  preceding  paragraph  cannot  be 
reached  and  without  prejudice  to  Article  9,  the  application  of  the  Protocol  may  be 
suspended at the initiative of one Party if the dispute between the Parties is deemed 
serious. 

Suspension of application of the Protocol shall require the interested Party to notify 
its intention in writing at least three months before the date on which suspension is 
due to take effect. 

In the event of suspension, the Parties shall continue to consult with a view to finding 
an amicable settlement to their dispute. As soon as an amicable settlement is reached, 
application of the Protocol shall resume and the amount of the financial contribution 
shall be reduced proportionately and pro rata temporis according to the period during 
which application of the Protocol was suspended. 

Article 9 
Suspension of application of the Protocol on grounds of non-payment 

Subject to Article 6, if the Community fails to make the payments provided for in Article 2, 
the application of this Protocol may be suspended on the following terms: 

(a) 

(b) 

If no payment is made within the period provided for in Article 2, paragraph 5 of this 
Protocol, the relevant Mozambican authorities shall notify the European Commission 
of  the  non-payment.  The  latter  shall  carry  out  the  requisite  checks  and,  where 
necessary, transmit the payment within no more than 60 working days of the date of 
receipt of the notification. 

If  the  non-payment  is  confirmed  or  not  adequately  justified  within  the  period 
specified  in  the  preceding  paragraph,  the  relevant  Mozambican  authorities  shall  be 
entitled  to  suspend  application  of  this  Protocol.  They  shall  inform  the  European 
Commission of such action forthwith. 

(c) 

Application of the Protocol shall resume as soon as the payment concerned has been 
made. 

Article 10 
National law 

Without  prejudice  to  the  provisions  of  the  Agreement,  this  Protocol  and  the  Annex  and 
Appendices hereto, the activities of Community vessels operating under the framework of this 
Protocol  and  the  Annex  and  Appendices  hereto  shall  be  governed  by  the  applicable  law  in 
Mozambique. 

Article 11 
Repeal 

The  Annex  to  the  Agreement  between  the  European  Community  and  the  Republic  of 
Mozambique on fishing off the coast of Mozambique is hereby repealed and replaced by the 
Annex to this Protocol. 

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Article 12 
Entry into force 

1. 

2. 

This Protocol with its Annex shall enter into force on the date on which the Parties 
notify each other of the completion of the procedures necessary for that purpose.  

This  Protocol  and  the  Annex  and  Appendices  hereto  shall  apply  with  effect  from 
1 January 2007. 

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ANNEX 

CONDITIONS GOVERNING ACTIVITIES BY COMMUNITY VESSELS IN 
MOZAMBIQUE'S FISHING ZONE 

Chapter I - Application for and issuance of fishing licences 

Section 1 
Issuance of licences 

1. 

2. 

3. 

4. 

5. 

6. 

Only  eligible  vessels  may  obtain  a  licence  to  fish  in  Mozambique's  fishing  zone 
under the Protocol establishing, for the period from 1 January 2007 and 31 December 
2011,  the  fishing  opportunities  and  the  financial  contribution  provided  for  in  the 
Fisheries  Partnership  Agreement  between  the  European  Community  and  the 
Republic of Mozambique. 

For a vessel to be eligible, neither the owner, the master nor the vessel itself must be 
prohibited  from  fishing  in  Mozambique.  They  must  be  in  order  vis-à-vis  the 
Mozambican  fishing  administration  insofar  as  they  must  have  fulfilled  all  prior 
obligations  arising  from  their  fishing  activities  in  Mozambique  under  fisheries 
agreements concluded with the Community. 

Community  vessels  applying  for  fishing  licences  may  be  represented  by  an  agent 
residing  in  Mozambique.  The  agent's  name  and  address  shall  be  attached  in  the 
fishing licence application. 

The  relevant  Community  authorities  shall  submit  to  the  Ministry  responsible  for 
fisheries  in  Mozambique  an  application  for  each  vessel  wishing  to  fish  under  the 
Agreement  at  least  15  days  before  the  date  of  commencement  of  the  period  of 
validity requested. 

Applications  shall  be  submitted  to  the  Ministry  responsible  for  fisheries  in 
accordance with the specimen in Appendix 1. 

All fishing licence applications shall be accompanied by the following documents: 

- 

- 

- 

- 

- 

proof of payment of the fee for the period of validity of the licence; 

with  the  first  application  under  the  Protocol,  a  recent  colour  photograph 
showing a side of the vessel in its current state; the photograph shall be at least 
15 cm by 10 cm; 

the vessel's seaworthiness certificate 

the vessel's registration certificate; 

the vessel's health conformity certificate issued by the competent Community 
authority. 

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19 

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7. 

8. 

9 

10. 

11. 

12. 

13. 

14. 

1. 

2. 

3. 

The  fee  shall  be  paid  into  the  account  specified  by  the  Mozambican  authorities  in 
accordance with Article 2(7) of the Protocol. 

It  shall  include  all  local  and  national  taxes  with  the  exception  of  port  taxes, 
transhipment tax and charges for the provision of services.  

Licences for all vessels shall be issued to shipowners or their representatives via the 
European  Commission  Delegation  to  Mozambique  within  15  days  of  receipt  of  all 
the  documents  referred  to  in  point  6  by  the  Ministry  responsible  for  fisheries  in 
Mozambique. 

After  the  fishing  licence  is  issued,  the  Mozambican  authorities  shall  immediately 
send  a  copy  thereof  to  the  owner  of  the  vessel  or  his/her  representative  by  the 
adequate means of communication (fax, electronic mail, etc.). A copy of the fishing 
licence  is  kept  on  board  the  vessel  as  proof  of  the  fishing  authorisation  under  the 
Agreement. The authorities responsible for control shall be immediately informed of 
the issuing of the licence. 

Where,  at  the  time  of  signing,  the  Delegation  of  the  European  Commission  were 
closed,  the  fishing  licence  may  be  given  to  the  vessel's  agent  with  a  copy  for  the 
Delegation. 

Licences shall be issued for a specific vessel and shall not be transferable. However, 
at  the  request  of  the  European  Community  and  where  force  majeure  is  proven,  a 
vessel's fishing licence shall be replaced by a new fishing licence for another vessel 
of  the  same  category  as  the  first  vessel  with  no  further  fee  due.  In  this  case,  the 
calculation of the catch levels to determine whether an additional payment should be 
made shall take account of the sum of the total catches of the two vessels.  

The  owner  of  the  first  vessel,  or  his/her  representative,  shall  return  the  cancelled 
licence  to  the  Ministry  responsible  for  fisheries  in  Mozambique  via  the  European 
Commission Delegation. 

The date of entry into force of the new fishing licence is the date indicated therein. 
The  European  Commission  Delegation  to  Mozambique  shall  be  informed  of  the 
fishing licence transfer. 

Fishing  licences  must  be  held  on  board  at  all  times  without  prejudice  to  the 
provisions of point 2 of Chapter VIII of this Annex. 

Section 2 
Licence conditions – fees and advance payments 

Fishing licences shall be valid for a period of no more than one year, from 1 January 
to 31 December of each year at the latest. They shall be renewable. 

The fee shall be EUR 35 per tonne caught within Mozambique's fishing zone. 

Fishing licences shall be issued once the following fixed amounts have been paid to 
the competent national authorities: 

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20 

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- 

- 

- 

EUR 4 200  for  each  tuna  seiner,  equivalent  to  the  fees  due  for  120  tonnes  of 
highly migratory and related species caught each year;  

EUR 3 500  for  each  surface  longliner  of  more  than  250  gross  tonnes  (GT), 
equivalent  to  the  fees  due  for  100  tonnes  of  highly  migratory  and  related 
species caught each year; 

EUR 1680  for  each  surface  longliner  of  less  than  250  gross  tonnes  (GT), 
equivalent to the fees due for 48 tonnes of highly migratory and related species 
caught each year. 

The  final  statement  of  the  fees  due  for  year  n  shall  be  drawn  up  by  the  European 
Commission  by  31  July  of  year  n+1  at  the  latest,  on  the  basis  of  the  catch 
declarations  made  by  each  shipowner  and  confirmed  by  the  scientific  institutes 
responsible  for  verifying  catch  data  in  the  Member  States,  such  as  the  Institut  de 
Recherche  pour  le  Développement  (IRD),  the  Instituto  Español  de  Oceanografía 
(IEO)  and  the  Instituto  de  Investigação  das  Pescas  e  do  Mar  (IPIMAR)  via  the 
European Commission Delegation. 

This statement shall be sent simultaneously to the Ministry responsible for fisheries 
in Mozambique and to the shipowners.  

Any  additional  payment  shall  be  made  by  the  shipowner  to  the  competent 
Mozambican  national  authorities  by  30  August  of  the  following  year  to  the  bank 
account specified in point 7 of Section 1 of this Chapter.  

However, if the amount of the final statement is lower than the advance referred to in 
point  3  of  this  Section,  the  resulting  balance  shall  not  be  reimbursable  to  the 
shipowner. 

Chapter II – Fishing zones 

Community  vessels  may  carry  out  fishing  activities  only  beyond  12  nautical  miles 
from the baseline in accordance with the fishing zone defined in Appendix 4. 

Chapter III – Catch reporting arrangements 

For the purposes of this Annex, the duration of a fishing trip by a Community vessel 
shall be defined as follows: 

- 

- 

the period elapsing between entering and leaving Mozambique's fishing zone, 
or 

the  period  elapsing  between  entering  Mozambique's  fishing  zone  and  a 
transhipment in port and/or a landing in Mozambique. 

All  vessels  authorised  to  fish  in  Mozambican  waters  under  the  Agreement  shall  be 
obliged  to  notify  the  Ministry  responsible  for  fisheries  in  Mozambique  of  their 
catches  so  that  the  Mozambican  authorities  can  check  the  quantities  caught,  which 

4. 

5. 

6. 

7. 

1. 

1. 

2. 

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21 

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shall  be  validated  by  the  competent  scientific  institutes  in  accordance  with  the 
procedure referred to in point 4 of Section 2 of Chapter I of this Annex. Catches shall 
be notified as follows: 

2.1  During an annual period of validity of the licence within the meaning of point 1 
of Section 2 of Chapter I of this Annex, declarations shall indicate the catches 
made  by  the  vessel  during  each  trip.  The  original  of  the  declarations  shall  be 
transmitted  on  a  physical  medium  to  the  Ministry  responsible  for  fisheries  in 
Mozambique within 30 days following the end of the last trip made during the 
period. At the same time, a copy thereof shall be sent by fax or electronic mail 
to  the  flag  Member  State  and  to  the  Ministry  responsible  for  fisheries  of 
Mozambique. 

2.2  Vessels shall declare their catches on the corresponding form in the logbook, in 
accordance  with 
in  Appendix  2.  The  words  "Outside 
Mozambique's  fishing  zone"  shall  be  entered  in  the  logbook  in  respect  of 
periods during which the vessel is not in Mozambican waters. 

the  specimen 

2.3  The forms shall be filled in capital letters and legibly, and signed by the master 

of the vessel or by his or her legal representative. 

3. 

Where the provisions set out in this Chapter are not complied with, the Mozambican 
Government reserves the right to suspend the fishing licence of the offending vessel 
until formalities have been completed and to apply to the shipowner the penalty laid 
down  in  current  Mozambican  legislation.  The  European  Commission  and  the  flag 
Member State shall be informed thereof. 

Chapter IV – Transhipment and landings 

The  Parties  shall  cooperate  with  a  view  to  improving  landing  or  transhipment  options  in 
Mozambican ports.  

Chapter V – Embarking seamen 

1. 

2. 

3. 

4. 

Shipowners  undertake  to  employ,  for  the  tuna-fishing  season  in  Mozambique's 
fishing  zone,  at  least  20%  of  seamen  of  ACP  origin,  of  which,  if  possible,  at  least 
40% are Mozambican. 

Shipowners shall endeavour to sign on additional seamen of ACP origin. 

The International Labour Organisation (ILO) Declaration on Fundamental Principles 
and  Rights  at  Work  shall  apply  as  of  right  to  seamen  signed  on  by  Community 
vessels.  This  concerns  in  particular  the  freedom  of  association  and  the  effective 
the  elimination  of 
recognition  of 
discrimination in respect of employment and occupation. 

to  collective  bargaining,  and 

the  right 

The employment contracts of Mozambican seamen shall be drawn up in accordance 
with  point  1  of  this  Chapter  between  the  shipowners'  representative(s)  and  the 
seamen and/or their trade unions or representatives. A copy of these contracts shall 

EN 

22 

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be  given  to  the  signatories.  These  contracts  shall  guarantee  the  seamen  the  social 
security cover applicable to them, including life assurance and sickness and accident 
insurance.  

5. 

The  wages  of  the  seamen  shall  be  paid  by  the  shipowners.  They  shall  be  fixed  by 
mutual agreement among the shipowners or their representatives and the authorities 
of  the  relevant  ACP  country  prior  to  issuing  fishing  licences.  However,  the  wage 
conditions granted to Mozambican seamen shall not be lower than those applicable 
to  crews  from  Mozambique  and  shall  under  no  circumstances  be  below  ILO 
standards. 

Chapter VI – Technical measures 

Vessels  shall  comply  with  the  measures  and  recommendations  adopted  or  to  be  adopted  by 
regional fishing organisations to which the Parties are members concerning fishing methods, 
their  technical  specifications  and  all  other  technical  measures  applicable  to  their  fishing 
activities. 

Chapter VII – Observers 

1. 

2. 

3. 

Vessels authorised to fish in Mozambican waters under the Agreement shall take on 
board  observers  appointed  by  the  IOTC  with  prior  communication  thereof  to  the 
Mozambican authorities.  

The  conditions  under  which  observers  are  taken  on  board  shall  be  agreed  between 
shipowners or their representatives and the competent authority. 

At  the  end  of  the  observation  period  and  before  leaving  the  vessel,  observers  shall 
draw up an activity report to be transmitted to the competent authorities, with copies 
thereof to the Mozambican Fisheries Administration and the vessel's captain. 

Chapter VIII – Monitoring 

1. 

Entering and leaving the zone 

1.1  Community vessels shall notify, at least three hours in advance, the competent 
Mozambican authorities responsible for monitoring fishing of their intention to 
enter  or  leave  Mozambique's  fishing  zone  and  declare  overall  quantities  and 
species on board. 

1.2  When  notifying  leaving,  vessels  shall  also  communicate  their  position.  This 
information  should  preferably  be  communicated  by  fax  or,  for  vessels  not 
equipped with a fax, by radio or electronic mail. 

1.3  Vessels found to be fishing without having notified their entry or found to have 
left  without  notifying  their  exit  to  the  Mozambican  fisheries  administration 
shall be regarded as vessels in breach of the legislation. 

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1.4  Vessels shall be informed of the fax and telephone numbers and e-mail address 

when the fishing licence is issued. 

2. 

Control procedures 

2.1  The  Mozambican  authorities  may  allow  an  agent  on  board  to  inspect  fishing 

activities. 

2.2  The  master  of  the  vessel  shall  make  the  existing  communication  media 
available  to  the  monitoring  agent,  authorise  access  to  all  the  vessel 
compartments and permit the collection of samples. 

2.3  The  master  of  the  vessel  shall  provide  food,  accommodation  and  medical 

assistance on the same conditions as for the vessel's officers.  

2.4  These  officials  shall  not  remain  on  board  for  longer  than  is  necessary  for  the 

discharge of their duties. 

2.5  Once  the  inspection  has  been  completed,  the  agent  shall  prepare  a  report  ,  of 

which a copy shall be given to the master of the vessel.  

3. 

Satellite monitoring 

3.1  All  Community  vessels  fishing  under  this  Agreement  shall  be  subject  to 

satellite monitoring in line with Appendix 3 – VMS protocol. 

4. 

Boarding 

4.1  The  competent  Mozambican  authorities  shall  inform  the  flag  State  and  the 
European  Commission,  within  no  more  than  24  hours,  of  all  boardings  and 
penalties imposed on Community vessels in Mozambique's fishing area. 

4.2 

4.3 

In  the  event  of  boarding  of  the  vessel,  the  latter  may  be,  on  request, 
immediately released if, within 72 hours, the master or the owner of the vessel 
pays  a  guarantee  to  be  established  on  the  basis  of  the  relevant  Mozambican 
legislation. 

In the event of an infringement procedure, notification thereof shall be sent to 
the  Delegation  of  the  European  Commission,  the  flag  State  and  the  owner  of 
the  vessel  with  a  brief  report  of  the  circumstances  and  reasons  leading  to  the 
boarding. 

5. 

Notice 

5.1  The  master  of  the  vessel  shall  sign  the  notice  drawn  up  by  the  competent 

Mozambican authority for the occurrence.  

5.2  This  signature  shall  not  prejudice  the  rights  or  any  defence  which  the  master 
may  make  to  the  alleged  infringement.  If  the  master  refuses  to  sign  this 
document, he  or she shall specify the  reasons  for doing so in  writing  and  the 
inspector shall write "refusal to sign" on it. 

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5.3 

If  the  infringement  is  considered  serious  according  to  Mozambican  law,  the 
master  shall  take  the  vessel  to  the  port  indicated  by  the  Mozambican 
authorities. 

6. 

Statements 

6.1  After  the  notice  and  the  statement  of  boarding  have  been  drawn  up,  the 
competent bodies shall designate an investigating officer who shall notify the 
alleged offender, the European Commission and the flag State's representative 
to allow them to make statements or provide evidence in their favour at a date 
and time indicated by them.  

7. 

Settlement 

7.1  The  launch  of  a  fishery  infringement  procedure  shall  be  decided  over  a 
maximum period of 35 days as of the date in which the relevant investigating 
officer  is  designated.  Whenever  the  complexity  of  the  fishery  infringement 
procedure  so  requires,  the  deadline  specified  in  the  preceding  paragraph  may 
be prorogated by one period of 30 working days. 

8. 

Transhipment 

8.1  All Community vessels wishing to tranship catches in Mozambique's ports or 
port areas shall provide the competent Mozambican authorities with at least 24 
hour's notice and await their prior authorisation.  

8.2  For the purposes of assessing the transhipment request, the shipowners of these 

vessels shall indicate the following: 

- 

- 

- 

- 

the port of transhipment, 

the  place  where  the  operation  shall  take  place,  the  date  and  time  of 
transhipment, 

the  name  of  the  fishing  vessel  or  of  other  vessel  involved  in 
transhipment, 

the tonnage by species to be transhipped. 

8.3  Transhipment  shall  be  considered  as  an  exit  from  Mozambique.  The  vessels 
shall submit their catch declarations to the Mozambican competent authorities 
and  state  whether  they  intend  to  continue  fishing  or  leave  Mozambique's 
fishing zone. 

8.4  Any  transhipment  of  catches  not  covered  above  shall  be  prohibited  in 
Mozambique's  fishing  zone.  Any  person  infringing  this  provision  shall  be 
liable to the penalties provided for by the Mozambican legislation in force. 

8.5  The  masters  of  Community  vessels  engaged  in  landing  and  transhipment 
operations  in  a  Mozambican  port  shall  allow  and  facilitate  the  inspection  of 
such operations by Mozambican inspectors. Once the inspection and control in 

EN 

25 

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port  have  been  completed,  an  inspection  report  shall  be  issued  and  a  copy 
thereof given to the master of the vessel. 

EN 

26 

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APPENDIXES  

1. 

2. 

3. 

4. 

Fishing licence application form 

Logbook 

VMS Protocol 

Mozambique's fishing zone coordinates 

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Appendix 1 
Fishing licence application model form 

For industrial, semi-industrial fishing and related fishing operations  

Recto 

MINISTRY FOR FISHERIES 

(Pursuant to Article 139) 

REPÚBLICA DE MOÇAMBIQUE 

_________ 

FISHING LICENCE APPLICATION 

To be completed by the applicant 

Name of shipowner:................................................................  

Address:............................................................................................................................................................  

P.O. Box: ........................................ Telephone ....................................... Fax .................................................. 

Name (1):........................................................................ 

ID No:..........................................................Issued at (place):..................................................................... 

Valid until:…………/............../............... 

Resident at: ..............................................  

Requests the issuance of a fishing licence: .............................................................................. (2) 

To operate in the area of: ...................................................  

Based in the port of:...................................................................... Province: ..............................................  

Fishing gear: ......................................................................... 

Species to be caught: ....................................................  

Details of the vessel (3) (4) 

1. Name .......................................... Flag........................................Registration No .............................................. 

2. Port of registration ........................... Year of construction .....................Shipyard/Country .................................... 

3. Type of hull ........................... Colour of sides...........................Colour of superstructure....................................... 

4. Dimensions (in metres): Overall length ............... Breadth .................. Depth .......... Gross tonnage ..........................tonnes 

5. Electronic equipment (6): HF Radio:........VHF Radio Probe:..........Sonar:........... Satellite navigator:............................... 

Gyroscopic compass:.................Radar 

6. Call sign:........................................................................... 

7. Main engine: Make: ................................................Power: ....................................HP 

8. Fishing gear: No. of winches: ........................................................... Capacity:............... tonnes 

Outrigger trawl(6).............................Stern trawl (6) ....................................No of gears .......................................................... 

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28 

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Verso  
9. Details of fishing gear: Length of headline:...........................m 

10: Preservation of the fish (6) (7):........................................................................................ 

Finished products:.................................................................................................................................................................................... 

Preparation work room: Y/N 

Freezing: Air blast freezing: Y/N 

Capacity (tonnes/day):.......................................Temp (°C): ............................... 

Plate freezing: Y/N 

Capacity (tonnes/day):.......................................Temp (°C): ............................... 

In cold chamber: Y/N 

Capacity (tonnes/day):.......................................Temp (°C): ............................... 

Cold storage: Hold 1: 

Capacity (tonnes/day):.......................................Temp (°C): ............................... 

Cold storage: Hold 2: 

Capacity (tonnes/day):.......................................Temp (°C): ............................... 

Cold storage: Hold 3 

Capacity (tonnes/day):.......................................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:.................................................................................................................................................................................... , 

Date and applicant's signature 

To be completed by the body issuing the fishing licence 

Issue of a fishing licence authorised on………/………/………. 

No of fishing licence issued:............................................................... Valid until: .......................................................  

Special conditions:.................................................................................................................................................  

.............................................................................................................................................................................. , 

Signature: 

(1) Name of enterprise/director, manager, etc. 
(2) Indicate the type of fishing: industrial, semi-industrial, related fisheries activities 
(3) Enclose three colour negatives showing one side of the vessel (the markings must be legible) 
(4) As indicated in title deeds. 
(5) Indicate the material: steel, wood or glass fibre. 
(6) Mark the appropriate answer with a cross. 
(7) Attach a processing flow diagram. 

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Appendix 2 

LOGBOOK FOR TUNA FISHERY 

Name 
……………………………………………………………………. 

of 

vessel:

Gross registration tonnage: 
………………………………………………….............................

Month  Day

Year 

Port 

Flag country:   
……………………………………………………………………...........................

Capacity 
……………………………………………........ 

– 

(M.T.):

Vessel DEPARTED: 

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

Captain: ………………………………………………………....

Vessel 
RETURNED: 

Shipowner: 
………………………………………………………….......................... 

No. of crew members: 
….…………………………………………………........................

Address: ………………………………………………………………………….... Reporting date: ………………………………………………......

(Author

of

report):

No. of days at sea: 

No. of fishing days: 

No. of sets: 

Fishing trip No.: 

Longliner 

Live bait 

Purse seine 

Trawl 

Others: 

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30 

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Date 

Rectangle 

Catch 

Bait used 

Month  Day 

S
/
N
e
d
u
t
i
t
a
L

/

O
E
e
d
u
t
i
g
n
o
L

Surface 
water 
temp. 

(ºC) 

Fishing effort 

Bluefin tuna 

No. of hooks 
used 

Yellowfin 
tuna 

Bigeye tuna 

Thunnus 

thynnus ou 

maccoyi 

Thunnus 

albacares

Thunnus 

obesus 

Albacore 
tuna 

Thunnus 

alalunga 

Striped marlin 

Swordfish 

Black marlin

Skipjack tuna 

White marlin 

Sailfish 

Xiphias 

gladius 

Makaira 

indica 

Tetraptunus 

audax ou albidus 

Istiophorus albicane 
ou platypterus 

Katsuwonus 

pelamis 

Miscellaneous fish 

Total daily 
catch 

(weight in Kg 
only) 

y
r
u
a
S

d
i
u
q
S

t
i
a
b
e
v
i
L

Others 

  No.  Weight kg

No.

Kg

No.

Kg 

No.

Kg

No.

Kg 

No. 

Kg 

No. 

Kg

No. 

Kg 

No.

Kg 

No. 

Kg 

No.

Kg

LANDING WEIGHT (IN KG) 

Notes 

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  last  line  (landing  weight)  should  be  completed  only  at  the  end  of  the  trip.  Actual 

weight at the time of unloading should be recorded. 
5 - All information reported herein will be kept strictly confidential. 

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31 

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Appendix 3 – VMS Protocol 

setting out the provisions applicable to satellite monitoring of Community fishing vessels 
operating in Mozambique's fishing zone 

1. 

2. 

3. 

4. 

5. 

6. 

7. 

The  provisions  of  this  Protocol  supplement  the  Protocol  setting  out  the  fishing 
opportunities  and  financial  contribution  provided  for  in  the  Fisheries  Partnership 
Agreement between the European Community and the Republic of Mozambique for 
the period from 1 January 2007 to 31 December 2011 and apply in accordance with 
point 5 of "Chapter VIII – Monitoring" in the Annex thereto. 

All  fishing  vessels  with  an  overall  length  exceeding  15  metres  operating  under  the 
Fisheries  Agreement  between  the  European  Community  and  Mozambique  shall  be 
monitored by satellite when fishing in Mozambique's fishing zone. 

For the purposes of satellite monitoring, the latitude and longitude coordinates of the 
Mozambique's fishing zone are given in Appendix 4. 

The  Mozambican  authorities  shall  transmit  this  information  in  electronic  form, 
expressed in decimal degrees in the WGS 84 system. 

The  Parties  shall  exchange  information  on  the  specifications  for  electronic  data 
transmission between their Control Centres in accordance with points 5 and 7. Such 
information  shall  include,  as  far  as  possible,  names,  telephone,  telex  and  fax 
numbers,  and  e-mail  addresses  (Internet  or  X.400)  which  may  be  used  for  general 
communications between Control Centres. 

The  position  of  vessels  shall  be  determined  with  a  margin  of  error  of  less  than 
500 metres and a confidence interval of 99%. 

When  a  vessel  which  is  fishing  under  the  Agreement  and  is  the  subject  of  satellite 
monitoring pursuant to Community legislation enters Mozambique's fishing zone, the 
subsequent  position  reports  (vessel  identification,  longitude,  latitude,  course  and 
speed)  shall  be  transmitted  immediately  by  the  Control  Centre  of  the  flag  State  to 
Mozambique's  Fisheries  Monitoring  Centre  (FMC)  at  two-hour  intervals.  The 
messages concerned shall be identified as position reports. 

The messages referred to in point 5 shall be sent by electronic mail according to the 
Internet security protocol or other security protocol. They shall be sent in real time in 
the format set out in Table II. 

Where  the  continuous  satellite  monitoring  equipment  installed  on  board  a  fishing 
vessel  develops  a  technical  fault  or  breaks  down,  the  master  of  the  vessel  shall 
transmit the information specified in point 5 to the Control Centre of the flag State 
and Mozambique's FMC in good time. It will be necessary in those circumstances to 
send a global position report on a nine-hourly basis. This global position report shall 
include the position reports as recorded by the master of the vessel on a three-hourly 
basis in accordance with the requirements laid down in point 5. 

The  Control  Centre  of  the  flag  State  shall  send  these  messages  to  Mozambique's 
FMC. The faulty equipment shall be repaired or replaced within a period of not more 

EN 

32 

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8. 

9. 

10. 

11. 

12. 

13. 

than  thirty  calendar  days.  After  this  deadline,  the  vessel  in  question  must  leave 
Mozambique's fishing zone.  

The Control Centres of the flag States shall monitor the movements of their vessels 
in Mozambican waters. If the vessels are not being monitored in accordance with the 
conditions  laid  down,  Mozambique's  FMC  shall  be  informed  as  soon  as  this  is 
discovered and the procedure laid down in point 7 shall be applicable. 

If  Mozambique's  FMC  establishes  that  the  flag  State  is  not  transmitting  the 
information  specified  in  point  5,  the  competent  European  Commission  departments 
shall be informed immediately. 

The  monitoring  data  communicated  to  the  other  party  in  accordance  with  these 
provisions  is  intended  solely  for  the  purposes  of  the  Mozambican  authorities  in 
controlling  and  monitoring  the  Community  fleet  fishing  under  the  Fisheries 
Agreement between the European Community and Mozambique. Such data may not 
under any circumstances be communicated to other parties. 

The satellite monitoring system software and hardware components shall be reliable 
and  shall  not  permit  the  input  or  output  of  false  positions  or  be  capable  of  being 
manually overridden. 

The  system  shall  be  fully  automatic  and  operational  at  all  times  regardless  of 
environmental and weather conditions. Destroying, damaging, rendering inoperative 
or tampering with the satellite monitoring system shall be prohibited. 

The master of the vessel shall ensure that: 

- 

- 

- 

- 

data are not altered in any way; 

the antenna or antennas connected to the satellite monitoring equipment are not 
obstructed; 

the power supply of the satellite monitoring equipment is not interrupted; and 

the satellite monitoring equipment is not removed from the vessel. 

The Parties agree to exchange upon request information on the equipment used for 
satellite  monitoring,  in  order  to  ensure  that  each  piece  of  equipment  is  fully 
compatible  with  the  requirements  of  the  other  Party  for  the  purposes  of  these 
provisions. 

Any  dispute  over  the  interpretation  or  application  of  these  provisions  shall  be  the 
subject of consultation between the Parties within the Joint Committee provided for 
in Article 9 of the Agreement. 

14. 

The Parties agree to review these provisions, as appropriate. 

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33 

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TRANSMISSION OF VMS MESSAGES TO MOZAMBIQUE 

POSITION REPORT 

Data Element 

Code Mandatory/

Notes 

Optional 

Start record 

Recipient 

Sender 

Flag State 

Type of message 

Radio call sign 

SR 

AD 

EN 

FS 

TM 

RC 

Contracting  party  internal 
reference number 

IR 

External 
number 

registration 

Latitude 
"decimal numbers" 

expressed 

Longitude  expressed 
"decimal numbers" 

in 

in 

Course 

Speed 

Date 

Time 

End record 

XR 

LT 

LG 

CO 

SP 

DA 

TI 

ER 

M 

M 

M 

O 

M 

M 

O 

M 

M 

M 

M 

M 

M 

M 

M 

System detail – indicates start of record 

Message detail – recipient. Alpha 3 ISO country code 

Message detail – sender. Alpha 3 ISO country code 

Message detail – Message type "POS" 

Vessel detail – international radio call sign of vessel 

Unique  contracting  party  number  (flag  State  ISO-3 
code followed by number) 

Vessel detail – number marked on side of vessel 

Vessel  position  detail  – position  in  degrees,  minutes 
and seconds N/S +/- DD.ddd (WGS-84) 

Vessel  position  detail  – position  in  degrees,  minutes 
and seconds E/W +/- DD.ddd (WGS-84) 

Vessel course 360° scale 

Vessel speed in tenths of knots 

Vessel position detail – date of record of TUC position 
(YYYYMMDD) 

Vessel position detail – time of record of TUC position 
(HHMM) 

System detail - indicates end of record 

Character set: ISO 8859.1 

Each data transmission is structured as follows: 

- 

- 

a double slash (//) and field code indicate the start of the message, 

a single slash (/) separates the field code and the data. 

Optional data elements have to be inserted between the start and end of the record. 

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34 

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COORDINATES OF MOZAMBIQUE'S FMC 

Name of FMC: 

VMS Tel.: 

VMS Fax: 

VMS E-mail: 

DSPG Tel.: 

DSPG Fax: 

IP address: 

Entry/exit declaration: 

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35 

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Appendix 4 

Mozambique's fishing zone 

Points 

Latitude 

Longitude 

Obs. 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

26°50'S 

37°36'E 

26°00'S 

38°15'E 

25°10'S 

38°38'E 

24°45'S 

38°24'E 

22°42'S 

37°54'E 

21°34'S 

37°30'E 

20°03'S 

37°58'E 

16°38'S 

41°18'E 

15°40'S 

42°31'E 

11°50'S 

41°45'E 

10°26'S 

42°05'E 

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LEGISLATIVE FINANCIAL STATEMENT 

1. 

TITLE OF THE PROPOSAL: 

Proposal  for  a  Council  Regulation  on  the  conclusion  of  the  Fisheries  Partnership 
Agreement  between  the  European  Community  and  the  Republic  of  Mozambique, 
during the period of five years from the entry into force of the Agreement. 

2. 

ABM / ABB FRAMEWORK 

11. Fisheries 

1103. International Fisheries Agreements 

3. 

BUDGET LINES 

3.1 

Budget lines: 

110301: International Fisheries Agreements 

11010404: International Fisheries Agreements: administrative costs 

3.2 

Duration of the action and of the financial impact: 

The Protocol to the Fisheries Agreement between the European Community and the 
Republic of Mozambique expired on 31 December 2006. The new Protocol will be 
valid for five years commencing on 1 January 2007. 

The  Protocol  lays  down  the  financial  contribution,  the  categories  of  and  conditions 
for fishing activities for Community vessels in Mozambique fishing zone. 

3.3 

Budgetary characteristics (add rows if necessary): 

Budget line  Type of expenditure  New 

EFTA 
contribution 

Contributions 
from 
applicant 
countries 

in 

Heading 
financial 
perspective 

11.0301 

Comp. 

Diff4. 

NO 

11.010404 

Comp. 

Non-diff5.  NO 

NO 

NO 

NO 

NO 

No 2 

No 2 

4 

5 

Differentiated appropriations. 

Non-differentiated appropriations. 

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37 

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4. 

SUMMARY OF RESOURCES 

4.1 

Financial Resources  

4.1.1 

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

(€) 

Type of 
expenditure 

Sectio
n No. 

2007 

2008 

2009 

2010 

2011 

Total 

Commitment 
Appropriations (CA) 

8.1 

a6 

900,000 

900,000 

900,000 

900,000 

900,000 

Payment 
Appropriations (PA) 

b 

900,000 

900,000 

900,000 

900,000 

900,000 

4,500,000 

4,500,000 

and 

8.2.4 

c 

0 

0 

50,000 

0 

40,000 

90,000 

Technical 
administrative 
assistance (NDA) 

Commitment 
appropriations 

Payment 
appropriations 

a+
c 

b+
c 

900,000 

900,000 

950,000 

900,000 

940,000 

900,000 

900,000 

950,000 

900,000 

940,000 

4,590,000 

4,590,000 

234,000 

Human  resources  and 
associated  expenditure 
(NDA) 

8.2.5 

d 

46,800 

46,800 

46,800 

46,800 

46,800 

than 

costs, 
Administrative 
human 
other 
and 
resources 
associated  costs,  not 
included  in  reference 
amount 

Total CA  

including 
cost 
human resources 

of 

Total PA  

including 
cost 
human resources 

of 

8.2.6 

e 

a+
c+
d+
e 

b+
c+
d+
e 

25,000 

25,000 

25,000 

25,000 

25,000 

125,000 

971,800 

971,800 

1,021,800 

971,800 

1,011,800 

4,949,000 

971,800 

971,800 

1,021,800 

971,800 

1,011,800 

4,949,000 

Part-financing details: No part-financing 

6 

In accordance with the Protocol, the total annual amount could be augmented depending on the quantities caught by Community vessels exceed the reference 

tonnage (article 2) or the increase of the fishing opportunities (article 4) by mutual agreement provided that the conclusions of the scientific advice confirm that 

such  an  increase  will  not  endanger  the  sustainable  management  of  Mozambique  resources.  In  both  cases  the  financial  contribution  shall  be  increased 

proportionately and pro rata temporis. However, the total annual amount paid by the Community shall not be more than twice the amount related to reference 

quantity (EUR 1,300,000). Where the quantities caught by Community vessels exceed the quantities corresponding to twice the total annual amount, the amount 

due for the quantity exceeding that limit shall be paid the following year (subject to budget availability). 

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38 

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(€) 

Part-
financing 
body 

TOTAL 
CA 
including 
part-
financing 

F 

a
+c
+
d
+e
+f 

2007 

2008 

2009 

2010 

2011 

Total 

971,800 

971,800 

1,021,800 

971,800

1,011,800 

4,949,000 

4.1.2  Compatibility with financial programming 

X 

Proposal is compatible with existing financial programming. 

(cid:133) 

(cid:133) 

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

Proposal  may  require  application  of  the  provisions  of  the  Interinstitutional 
Agreement7 (i.e. flexibility instrument or revision of the financial perspective). 

4.1.3 

Financial impact on revenue 

X 

Proposal has no financial impact on revenue 

(cid:133) 

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. 

Budget 
line 

Revenue 

Prior to 

action 
2006 

(EUR million to one decimal place) 

Situation following action 

2007 

2008 

2009 

2010 

2011 

a)  Revenue 
absolute terms 

in 

b)  Change 
revenue 

in 

 ∆ 

(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.) 

7 

See points 19 and 24 of the Interinstitutional Agreement. 

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39 

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4.2. 

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

Annual requirements 

2007 

2008 

2009 

2010 

2011 

Total number of human 
resources 

0.40 

0.40 

0.40 

0.40 

0.40 

5. 

CHARACTERISTICS AND OBJECTIVES 

5.1 

Need to be met in the short or long term 

The previous Protocol of the Fisheries Agreement between the European Community 
and the Republic of Mozambique expired on 31 December 2006. The new Protocol 
covers the period from 1 January 2007 to 31 December 2011. 

The  main  objective  of  the  new  Fisheries  Partnership  Agreement  (FPA)  is  to 
strengthen  cooperation  between  the  European  Community  and  the  Republic  of 
Mozambique  in  order  to  promote  partnership  for  the  development  of  sustainable 
fishing and for sound exploitation of fisheries resources in the Mozambique fishing 
zone. The main elements of the new Protocol are: 

- 

- 

- 

- 

Fishing  opportunities:  44  tuna  seiners,  45  surface  long-liners  allocated  as 
follows  (based  on  the  method  of  allocating  the  fishing  opportunities  in  the 
previous Protocol, applications by the Member States and the historical rates of 
utilisation by Member State and by category), i.e.: 

• 

• 

tuna seiners: Spain: 23, France: 20, Italy: 1 

surface long-liners: Spain: 21, France: 15, Portugal: 7, United Kingdom: 
2 

Annual reference tonnage: 10 000 tonnes of tuna  

Annual financial contribution: € 900 000 

Advances  and  fees  payable  by  ship-owners8:  EUR 35 for  seiners  and  surface 
long-liners  per  tonne  of  tuna  caught  in  the  Mozambique  fishing  zone.  The 
annual advances are fixed at € 4 200 per tuna seiner, € 3 500 per surface long-
liner, >250 GT and € 1680 per surface long-liner, <250 GT. 

5.2 

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

Regarding  this  new  FPA,  if  the  Community  does  not  act,  then  private  agreements 
will  spring  up  which  would  not  guarantee  sustainable  fisheries.  The  Commission 
therefore  considers  that,  thanks  to  this  FPA,  the  Republic  of  Mozambique  will 

8 

Advances and fees payable by the ship-owners do not have an impact on the Community budget. 

EN 

40 

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cooperate  effectively  with  the  Community  in  regional  bodies  such  as  the  Indian 
Ocean  Tuna  Commission  (IOTC),  in  the  fight  against  illegal  fishing  and  for  the 
proper  management  of  stocks  of  highly  migratory  species.  The  fisheries  agreement 
also guarantees a share of resources to the sectoral fisheries policy in Mozambique. 

5.3 

Objectives, expected results and related indicators of the proposal in the context 
of the ABM (activity based management) framework 

The negotiation and conclusion of fishing agreements with third countries meets the 
general objective of maintaining and safeguarding the traditional fishing activities of 
the Community fleet, including the distant-water fleet, and developing relations in a 
spirit  of  partnership  with  a  view  to  strengthening  the  sustainable  exploitation  of 
fishery resources outside Community waters, taking account of environmental, social 
and economic concerns. 

The following indicators will be used in the context of the ABM for the purposes of 
monitoring implementation of the Agreement: 

• 

• 

• 

• 

• 

monitoring the utilisation rate of the fishing opportunities; 

gathering  and  analysing  data  on  catches  and  the  commercial  value  of  the 
Agreement; 

contribution to employment and value-added in the Community; 

contribution to stabilising the Community market; 

contribution  to  the  general  objectives  of  reducing  poverty  in  Mozambique, 
including a possible contribution to employment, development of infrastructure 
and support for the state budget; 

• 

number of technical meetings and meetings of the Joint Committee. 

5.4 

Method of implementation (indicative) 

X 

Centralised Management 

X  Directly by the Commission 

6. 

MONITORING AND EVALUATION 

6.1 

Monitoring system 

The  Commission  (DG  FISH  in  collaboration  with  the  Commission  Delegations  in 
Mozambique  and  Mauritius)  will  ensure  regular  monitoring  of  implementation  of 
this FPA, particularly in terms of its use by operators and catch data. 

In the framework of the annual Joint Commission, the Commission will maintain a 
dialogue with Mozambique notably in order to assess and review the fisheries policy 

EN 

41 

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aspects  particularly  related  to  the  implementation  of  the  Fisheries  Partnership 
Agreement. 

6.2 

Assessment 

A thorough evaluation was carried out on the Protocol for 2004-2006, ending in June 
2006, with the assistance of a consortium of independent consultants, with a view to 
the possible launch of negotiations on a new Protocol.  

6.2.1 

Ex-ante evaluation 

The  evaluation  concluded  that  the  previous  EC/Mozambique  Fisheries  Agreement 
has  been  effective  in  providing  fishing  opportunities  that  permit  the  deployment  of 
all  tuna  purse  seiners  licence  possibilities  and,  on  average,  12  out  of  the  14  with 
respect  to  surface  long-line  licence  possibilities.  The  Agreement  has  not  been 
effective  in  generating  fishing  opportunities  for  EU  trawler  vessels  through  the 
fishing  opportunities  provided  for  deepwater  shrimp  fishing.  None  of  the  licences 
available in this sector have been drawn.  

In addition to the direct commercial value of the catches for the vessels involved the 
Agreement, there are the following benefits: 

- 

- 

- 

possibility of creating new jobs on board fishing vessels; 

possible multiplier effect on employment: in ports, auction markets, processing 
factories, shipyards, service enterprises etc.; 

contribution to Community’s fish supply. 

The  existence  of  a  Community  Agreement,  which  imposes  a  binding  regulatory 
framework on both parties, guarantees the sound management of fish stocks. 

- Risks and alternative options: 

There  is  some  risk  in  setting  up  a  fisheries  protocol,  for  example:  the  amounts 
intended  to  finance  the  sectoral  fisheries  policy  might  not  be  allocated  as  agreed 
(under-utilisation).  In  order  to  avoid  these  risks,  it  is  foreseen  to  have  a  strong 
dialogue on the programming and the implementation of the sectoral fisheries policy. 

6.2.2 

Ex-ante  estimate  of  the  economic  value  of  the  Agreement  and  the  Community’s 
financial contribution 

The  financial  contribution  granted  by  the  Community  under  this  new  Fisheries 
Partnership  Agreement  is  a  single  allocation  established  on  the  basis  of  an  annual 
financial envelope of € 900 000 for the 2007/11 Protocol. 

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

similar experiences in the past) 

Reference tonnage for Tuna has increased from 8 000 tonnes in the previous protocol 
to 10 000 tonnes, the evaluation report assesses that the reference tonnage for Tuna 

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could be maintained or increased by 25%, in consistency with the Indian Ocean Tuna 
Commission management. The Shrimp component included in the previous protocol 
has  not  been  used  and  consequently  been  discarded  in  the  new  Agreement,  the 
evaluation shows that the above mentioned Shrimp component had a negative impact 
in the cost-benefit of the previous protocol. 

The  new  Agreement  contains  overall  financial  support  for  implementing  initiatives 
taken in the context of the sectoral fisheries policy drawn up by the Government of 
Mozambique. The Community and the Government of Mozambique must agree on a 
multiannual sectoral programme relating to this financial support. This programming 
will be done trough a strong and permanent dialogue between the parties. 

6.2.4 

Terms and frequency of future evaluation 

Following on from the study finalised in June 2006 (cf. point 6.2), in order to ensure 
sustainable  fishing  in  the  region,  an  evaluation  of  the  economic,  social  and 
environmental  impact  will  be  made  each  time  a  protocol  is  renewed  in  the  future. 
The indicators listed in point 5.3 will be used to carry out an ex-post evaluation. 

7. 

ANTI-FRAUD MEASURES 

The  use  to  which  the  financial  contribution  paid  by  the  Community  under  the 
Agreement  is  put  is  entirely  at  the  discretion  of  the  sovereign  third  country 
concerned. 

Nevertheless,  the  Commission  undertakes  to  try  and  establish  permanent  political 
dialogue and cooperation with a view to improving the management of the Protocol 
extension  and  strengthening  the  Community’s  contribution  to  the  sustainable 
management of resources. 

In any case, any payment which the Commission makes under a fisheries agreement 
is subject to its standard rules and budgetary and financial procedures. This makes it 
possible, in particular, to fully identify the bank accounts of the third countries into 
which the financial contribution is paid. 

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8. 
8.1 

DETAILS OF RESOURCES 
Objectives of the proposal in terms of their financial cost 

Commitments (in €) 

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

2007 

2008 

2009 

2010 

2011 

TOTAL 

Type of output  No.  of 
outputs 

Total 
Community 
cost 

No.  of 
outputs 

Total 
Community 
cost 

No.  of 
outputs 

Total 
Community 
cost 

No.  of 
outputs 

Total 
Community 
cost 

No.  of 
outputs 

Total 
Community 
cost 

No.  of 
outputs 

Total cost 

OPERATIONAL 
OBJECTIVE No 19: To obtain 
fishing 
in 
exchange 
financial 
contribution 

opportunities 
for  a 

Action 
1… 

- Output 1  Vessels/licences 

89 

650,000 

89 

650,000 

89 

650,000 

89 

650,000 

89 

650,000 

445 

Quota 

10 000 t 

10 000 t 

10 000 t 

10 000 t 

10 000 t 

50 000 t 

3,250,000 

OPERATIONAL 
OBJECTIVE  No  2:  specific 
amount  per  year 
the 
support  and  implementation 
of 
the 
context  of  the  Mozambique 
sectoral fisheries policy. 

initiatives 

taken 

for 

in 

Action 
2… 

-Output 2 

TOTAL 
COST 

9 

As described under Section 5.3. 

EN 

250,000 

900,000 

250,000 

900,000 

250,000 

900,000 

250,000 

900,000 

250,000 

900,000 

1,250,000 

4,500,000 

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8.2 

Administrative expenditure 

Needs in human and administrative resources will be met inside the appropriation allocated 
to the managing DG within the framework of the annual allocation procedure. 

8.2.1  Number and type of human resources 

Types 
post 

of 

Year 

2007 

2008 

2009 

2010 

2011 

0.25 

0.15 

0.25 

0.15 

0.25 

0.15 

0.25 

0.15 

0.25 

0.15 

Officials  or 
temporary 
staff10 
01 01) 

(11 

A*/AD 

B*, 
C*/AS
T 

Staff  financed  11  by 
Art. 11 01 02 

Other  staff  financed12 
by Art. 11 01 04 04 

TOTAL 

0.40 

0.40 

0.40 

0.40 

0.40 

8.2.2  Description of tasks deriving from the action 

- 

Assisting  the  negotiator  to  prepare  and  conclude  the  negotiation  of  fisheries 
agreements: 

- 

- 

- 

- 

taking  part  in  negotiations  with  third  countries  to  conclude  fisheries 
agreements; 

preparing  draft  evaluation  reports  and  negotiation  strategy  notes  for  the 
Commissioner; 

presenting  and  defending  the  Commission’s  position  in  the  Council’s 
“External Fisheries” Working Party; 

taking part in the search for a compromise with the Member States to be 
included in the final text of the Agreement. 

- 

Monitoring the implementation of agreements: 

- 

daily monitoring of fisheries agreements; 

10 

11 

12 

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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- 

- 

- 

- 

- 

preparing  and  checking  the  commitment  and  payment  of  the  financial 
compensation and targeted measures or financing for the development of 
responsible fishing; 

regular reporting on the implementation of agreements; 

evaluating agreements: scientific and technical aspects; 

preparing  the  draft  proposal  for  a  Council  regulation  and  decision  and 
drafting the text of the agreement; 

launching and monitoring adoption procedures. 

- 

Technical assistance: 

- 

preparing the Commission’s position for the Joint Committee. 

- 

Inter-institutional relations 

- 

- 

representing 
Parliament and the Member States in the negotiation process; 

the  Commission  before 

the  Council, 

the  European 

writing  the  replies  to  oral  and  written  questions  from  the  European 
Parliament. 

- 

Interdepartmental consultation and coordination: 

- 

- 

liaising  with  the  other  Directorates-General  on  matters  relating  to  the 
negotiation and monitoring of agreements; 

organising and responding to interdepartmental consultations. 

- 

Evaluation: 

- 

- 

taking part in updating the impact assessment; 

analysing the achieved objectives and evaluation 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) 

X 

(cid:133) 

(cid:133) 

(cid:133) 

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

Posts pre-allocated within the APS/PDB exercise for year 2006 

Posts to be requested in the next APS/PDB procedure 

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

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(cid:133) 

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

8.2.4  Other administrative expenditure included in reference amount 

(11 01 04/05 – Expenditure on administrative management) 

Budget line: 11010404 

2007 

2008 

2009 

2010 

2011 

TOTAL 

Commitments (in €) 

(number and heading) 

Technical 

1. 
administrative 
(including 
costs) 

related 

and 
assistance 
staff 

Executive agencies13 

Other 
administrative assistance 

technical 

and 

- intra muros 

- extra muros 

Total 
administrative assistance 

technical 

and 

50,000(*) 

40,000(**) 

90,000 

50,000 

40,000 

90,000 

(*) Stocks assessment. 

(**) Ex-post evaluation of the current Protocol and ex-ante evaluation of the future Protocol.  

8.2.5 

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

Type of human resources 

2007 

2008 

2009 

2010 

2011 

Commitments (in €) 

TOTAL 

Officials  and  temporary  staff 
(11 01 01) 

46,800 

46,800 

46,800 

46,800 

46,800 

234,000 

financed 

Staff 
XX 01 02 
contract staff, etc.) 

by  Art. 
(auxiliary,  END, 

(specify budget line) 

of 

cost 

Total 
human 
resources  and  associated 
costs 
in  reference 
amount) 

(NOT 

46,800 

46,800 

46,800 

46,800 

46,800 

234,000 

13 

Reference should be made to the specific legislative statement for the Executive Agency/Agencies concerned. 

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Calculation – Officials and contract staff 

Reference should be made to Point 8.2.1, if applicable 

- 

1A = € 117 000*0.25 = € 29 250 

1B = € 117 000*0.075 = € 8 775 

1C = € 117 000*0.075= € 8 775 

Total : € 46 800  

Calculation – Staff financed under Article 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 

2007 

2008 

2009 

2010 

2011 

TOTAL 

(€) 

11 01 02 11 01 – Missions 

15,000 

15,000 

15,000 

15,000 

15,000 

75,000 

11 01 02 11 02  – Meetings & 
Conferences 

XX 
01 
02 
Committees14 

11 

03 

– 

10,000 

10,000 

10,000 

10,000 

10,000 

50,000 

XX 01 02 11 04 - Studies and 
consultations 

XX 01 02 11 05 – Information 
systems 

Total 

2. 
other 
management  expenditure 
(XX 01 02 11) 

3.  Other  expenditure  of 
an  administrative  nature 
(specify 
including 
reference to budget line) 

Total 
administrative 
expenditure,  other  than 
and 
human 
(NOT 
associated 
included 
reference 
amount) 

resources 
costs 
in 

25,000 

25,000 

25,000 

25,000 

25,000 

125,000 

14 

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

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