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
Date: 2007-12-17
Institutions: European Community, Mozambique
Subjects: European Community, Mozambique, fishery management, fishing agreement, fishing area, fishing rights, protocol to an agreement

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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 Par-
ties 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 sepa-
rately, 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 Mozam-
bique’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,

HEREBY AGREE AS FOLLOWS:

— the conditions governing access by Community fishing ves-

sels to Mozambique’s fishing zone,

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,

— 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 mea-
sures 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 eco-
nomic activities in the fisheries sector and related activities,
in the common interest.

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Article 2

Definitions

For the purposes of this Agreement:

(a)

‘Mozambican authorities’ means the Ministry of Fisheries of
the Republic of Mozambique;

(b)

‘Community authorities’ means the European Commission;

(c)

‘Mozambique’s fishing zone’ means Mozambique’s marine
waters where fishing is authorised;

(d)

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

(e)

(f)

‘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 represen-
tatives of the Community and Mozambique, as provided for
in Article 9 of this Agreement;

(g)

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

(h)

‘shipowner’ means the person legally responsible for a fish-
ing vessel, in its charge and control;

(i)

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

The employment of Mozambican seamen on board Com-
4.
munity vessels shall be governed by the International Labour
Organisation (ILO) Declaration on Fundamental Principles and
Rights at Work, which shall apply as of right to the correspond-
ing 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 dis-
crimination in respect of employment and occupation. Non-
Mozambican ACP seamen on board Community vessels shall
enjoy the same conditions.

5.
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 Commu-
1.
nity and the Mozambican authorities shall endeavour to monitor
the evolution of resources in Mozambique’s fishing zone.

2.
The Parties undertake to consult one another, by means of
a joint scientific working group or within the international organi-
sations concerned, to ensure the management and conservation
of living resources in the Indian Ocean, and to cooperate in the
relevant scientific research.

3.
The two Parties, on the basis of the consultation referred to
in paragraph 2, shall consult one another within the Joint Com-
mittee provided for in Article 9 and jointly adopt conservation
measures for sustainable management of fish stocks affecting the
activities of Community vessels.

Article 3

Article 5

Principles and objectives underlying the implementation
of this Agreement

Access by Community vessels to fisheries in Mozambican
waters

1.
The Parties hereby undertake to promote responsible fish-
ing in Mozambican waters as provided for in FAO’s Code of Con-
duct for Responsible Fishing on the basis of the principles of non-
discrimination between the different fleets fishing in those waters.

1. 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.

2.
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, pro-
grammes 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 provided for in Article 9 of this Agreement.

3.
The Parties hereby undertake to ensure that this Agreement
is implemented in accordance with the principles of good eco-
nomic and social governance, respecting the state of fish stocks.

The fishing activities governed by this Agreement shall be
2.
subject to the laws and regulations in force in Mozambique. The
Mozambican authorities shall notify the Commission of any
amendments to that legislation.

3. 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.

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The Community undertakes to take all the appropriate steps
4.
required to ensure that its vessels comply with this Agreement
and the legislation governing fisheries in Mozambique’s fishing
zone.

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

Article 6

Licences

(d) a reassessment of the terms of financial support for imple-
menting a sectoral fisheries policy in Mozambican, where
this is warranted by the results of the annual and multian-
nual programming observed by both Parties;

1.
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.

(e)

termination of this Agreement under Article 12;

(f)

suspension of the application of this Agreement under
Article 13.

2.
The procedure for obtaining a fishing licence for a vessel,
the fees applicable and the method of payment to be used by ship-
owners shall be as set out in the Annex to the Protocol.

Article 7

Financial contribution

The Community shall grant Mozambique a financial contri-
1.
bution 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) access by Community vessels to Mozambican waters and

fisheries resources; and

(b)

the Community’s financial support for promoting respon-
sible fishing and the sustainable exploitation of fisheries
resources in Mozambican waters.

2.
The element of the financial contribution referred to in
paragraph 1(b) shall be determined in the light of objectives iden-
tified by common accord between the Parties in accordance with
the Protocol, to be achieved in the context of the sectoral fisher-
ies policy drawn up by the Mozambican Government and an
annual and multiannual programme for its implementation.

The financial contribution granted by the Community shall
3.
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:

(a)

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

(b) a reduction in the fishing opportunities granted to Commu-
nity vessels, made by mutual agreement for the purposes of
managing the stocks concerned, where this is considered nec-
essary for the conservation and sustainable exploitation of
resources on the basis of the best available scientific advice;

Article 8

Promoting cooperation among economic operators and
civil society

The Parties shall encourage economic, scientific and techni-
1.
cal cooperation in the fisheries sector and related sectors. They
shall consult one another with a view to coordinating the differ-
ent measures that might be taken to this end.

2.
The Parties undertake to promote the exchange of informa-
tion on fishing techniques and gear, preservation methods and the
industrial processing of fisheries products.

3.
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.

4.
The Parties undertake to implement a plan and actions
between Mozambican and Community operators aimed at pro-
moting fish landing from Community vessels in Mozambique.

5.
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 applica-
tion 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;

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

relating to fisheries;

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

(d)

reassessing, where necessary, the level of fishing opportuni-
ties and, consequently, of the financial contribution;

(e) any other function which the Parties decide on by mutual

agreement.

The Joint Committee shall exercise its functions with regard
2.
to the results of consultation at scientific level referred to in
Article 4 of this Agreement.

3.
The Joint Committee shall meet at least once a year, alter-
nately 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

Application of this Agreement may be terminated by one of
1.
the Parties in the event of serious circumstances, other than natu-
ral 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 com-
ply with undertakings made by the Parties with regard to com-
bating illegal, unreported and unregulated fishing.

2.
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 addi-
tional period.

Dispatch of the notification referred to in paragraph 2 shall

3.
open consultations by the Parties.

Payment of the financial contribution referred to in Article 7
4.
for the year in which the termination takes effect shall be reduced
proportionately and pro rata temporis.

Article 13

Suspension

1.
Application of this Agreement may be suspended at the ini-
tiative 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 consul-
tations 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 this Agreement or the Protocol, its
Annex and Appendices thereto.

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 Decem-
ber 2003.

Article 17

Entry into force

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

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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

PROTOCOL

Article 1

Period of application and fishing opportunities

5.
Payment of the financial contribution referred to in para-
graph 1 shall be made no later than 31 October 2007 for the first
year and no later than 15 January 2008, 2009, 2010 and 2011
for the following years.

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.

6.
Subject to Article 7, the Mozambican authorities shall have
full discretion regarding the use to which this financial contribu-
tion is paid.

The financial contribution shall be paid into a Public Trea-
7.
sury account opened at a financial institution designated by the
Mozambican Authorities.

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

2.
Protocol.

Cooperation on responsible fishing — Scientific
cooperation

Article 3

3.
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

1.
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 ton-
nage 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

2.
this Protocol.

3.
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.

4.
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.

The Parties hereby undertake to promote responsible fish-

1.
ing in Mozambican waters.

2.
During the period covered by this Protocol, the Community
and the Mozambican authorities shall monitor the evolution of
resources in Mozambique’s fishing zone.

3.
As of the date of entry into force of this Protocol, the Par-
ties shall establish by mutual agreement the arrangements for the
scientific consultation provided for in Article 4(2) of the Agree-
ment 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

1.
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 con-
tribution 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.

2.
Conversely, if the Parties agree to adopt a reduction in the
fishing opportunities referred to in Article 1, the financial contri-
bution shall be reduced proportionately and pro rata temporis.

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The allocation of the fishing opportunities among different
3.
categories of vessels may also be reviewed, following consulta-
tions 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 contribu-
tion where the redistribution of fishing opportunities so warrants.

Article 5

New fishing opportunities

1.
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.

2.
The Parties shall promote exploratory fishing activities in
Mozambican waters. In this framework, whenever one of the Par-
ties so requests, the Parties shall consult one another and deter-
mine, 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 maxi-
mum 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
the Protocol. The financial contribution referred to in
of
Article 2(1) shall be increased accordingly.

Article 6

Suspension in the event of serious circumstances

1. Where serious circumstances, other than natural phenom-
ena, prevent fishing activities in Mozambican waters, the Euro-
pean Community may suspend payment of
the financial
contribution referred to 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.

2.
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
3.
the circumstances in which Community vessels may resume
fishing.

Article 7

Promotion of responsible fishing in Mozambican waters

1.
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.

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

For the purposes of implementing paragraph 1, as soon as
2.
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 Agree-
ment, on a multiannual sectoral programme and detailed imple-
menting rules covering, in particular:

(a) 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;

(b)

taking account of

the objectives, both annual and multiannual, to be achieved
with a view to promoting responsible fishing and sustainable
the priorities expressed by
fisheries,
Mozambique in its national fisheries policy and other poli-
cies 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 capac-
ity of the competent Mozambican authorities;

(c)

criteria and procedures for evaluating the results obtained
each year.

3.
Any proposed amendments to the multiannual sectoral pro-
gramme 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.

4.
Each year, Mozambique shall allocate the share correspond-
ing 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 pro-
gramme 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.

5. Where the annual evaluation of the progress made in imple-
menting 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 allo-
cated to the implementation of the programme into line with its
results.

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Article 8

Disputes — suspension of application of the Protocol

1.
Any dispute between the Parties over the interpretation of
this Protocol on its application shall be the subject of consulta-
tions 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.

2. Where the amicable settlement referred to in paragraph 1
cannot be reached and without prejudice to Article 9, the appli-
cation of the Protocol may be suspended at the initiative of one
Party if the dispute between the Parties is deemed serious.

3.
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 con-
4.
sult with a view to finding an amicable settlement to their dispute.
As soon as an amicable settlement is reached, application of this
Protocol shall resume and the amount of the financial contribu-
tion shall be reduced proportionately and pro rata temporis accord-
ing to the period during which application of this 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)

If no payment is made within the period provided for in
Article 2(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;

(b)

If the non-payment is confirmed or not adequately justified
within the period specified in (a), 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 pay-

ment concerned has been made.

Article 10

National law

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

Article 11

Repeal

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

Article 12

Entry into force

1.
This Protocol with the Annex thereto shall enter into force
on the date on which the Parties notify each other of the comple-
tion of the procedures necessary for that purpose.

This Protocol and the Annex and Appendices thereto shall

2.
apply with effect from 1 January 2007.

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

ANNEX

CHAPTER I

Application for and issuance of fishing licences

SECTION 1

Issuance of licences

1. 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.

2.

3.

4.

For a vessel to be eligible, neither the owner, the master nor the vessel itself must be prohibited from fishing in Mozam-
bique. 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 applica-
tion for each vessel wishing to fish under the Agreement at least 15 days before the date of commencement of the
period of validity requested.

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

6. 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 cur-

rent 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.

7.

8.

9.

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 pro-
vision of services.

Fishing licences for all vessels shall be issued to shipowners or their representatives via the European Commission Del-
egation to Mozambique within 15 days of receipt of all the documents referred to in point 6 by the Ministry respon-
sible for fisheries in Mozambique. Once 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, elec-
tronic 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 fishing
licence.

10. 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.

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11. Licences shall be issued for a specific vessel and shall not be transferable. However, at the request of the European Com-
munity 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.

12. The owner of the first vessel, or his/her representative, shall return the cancelled fishing licence to the Ministry respon-

sible for fisheries in Mozambique via the European Commission Delegation.

13. The date of entry into force of the new fishing licence is the date indicated therein. The European Commission Del-

egation to Mozambique shall be informed of the fishing licence transfer.

14. 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

1. 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.

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

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

— 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 1 680 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.

4. 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 Euro-
pean Commission Delegation.

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

shipowners.

6. 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.

7. However, if the amount of the final statement is lower than the advance referred to in point 3 of this Section, the result-

ing 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

1.

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.

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2.

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 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 the specimen in
Appendix 2. The words ‘Outside Mozambique’s fishing zone’ shall be entered in the logbook in respect of periods dur-
ing which the vessel is not in Mozambican waters;

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 ship-
owner 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. 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.

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

3. 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 effec-
tive recognition of the right to collective bargaining, and the elimination of discrimination in respect of employment
and occupation.

4. 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 be given to the signatories. These contracts shall guarantee the seamen the social security cover appli-
cable to them, including life insurance, 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 ship-
owners or their representatives and the authorities of the relevant ACP country prior to issuing fishing licences. How-
ever, 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.

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CHAPTER VII

Observers

1. 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.

2. The conditions under which observers are taken on board shall be agreed between shipowners or their representatives

and the competent authority.

3. At the end of the observation period and before leaving the vessel, observers shall draw up an activity report to be trans-
mitted 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 com-

municated 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.

1.4. Vessels shall be informed of the fax, 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.

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

4.3.

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

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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.

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 investi-
gating 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 above point 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 infring-

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

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Appendices

1.

2.

3.

Fishing licence application form

Logbook for tuna fishing

VMS Protocol

4. 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

(PURSUANT TO ARTICLE 139)

Recto

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Verso

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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.

The provisions of this Protocol supplement the Protocol setting out the fishing opportunities and financial contribu-
tion 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 ‘Chap-
ter VIII — Monitoring’ in the Annex thereto.

2. 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.

3.

The Parties shall exchange information on the specifications for electronic data transmission between their Control Cen-
tres 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 Con-
trol Centres.

4.

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

5. 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.

6.

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.

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

8.

9.

The Control Centres of the flag States shall monitor the movements of their vessels in Mozambican waters. If the ves-
sels 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 com-
petent European Commission departments shall be informed immediately.

10. 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 Fisher-
ies Agreement between the European Community and Mozambique. Such data may not under any circumstances be
communicated to other parties.

11. 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.

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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.

12. 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.

13. 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.

Transmission of VMS messages to Mozambique

Position report

Data Element

Code

Mandatory/
Optional

Notes

Start record

Recipient

Sender

Flag State

Type of message

Radio call sign

Contracting party internal
reference number

External registration
number

Latitude expressed in
‘decimal numbers’

Longitude expressed in
‘decimal numbers’

Course

Speed

Date

Time

End record

Character set: ISO 8859.1

SR

AD

EN

FS

TM

RC

IR

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 fol-
lowed 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

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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APPENDIX 4

COORDINATES OF MOZAMBIQUE’S FISHING ZONE