Proposal for a COUNCIL DECISION on the conclusion of a new Protocol setting out the fishing opportunities and the financial contribution provided for by the Fisheries Partnership Agreementbetween the European Union and the Republic of Mozambique
Date: 2011-11-30
Institutions: European Commission
Subjects: Mozambique, agreement (EU), financial compensation of an agreement, fishing agreement, fishing rights, protocol to an agreement

EUROPEAN COMMISSION 

Brussels, 30.11.2011 
COM(2011) 801 final 

2011/0378 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the conclusion of a new Protocol setting out the fishing opportunities and the 
financial contribution provided for by the Fisheries Partnership Agreement 
between the European Union and the Republic of Mozambique 

 
 
  
 
EXPLANATORY MEMORANDUM 

On the basis of relevant Council mandate1, the Commission on behalf of the European Union 
negotiated  with  the  Republic  of  Mozambique  in  view  of  renewing  the  Protocol  to  the 
Fisheries  Partnership  Agreement  between  the  European  Community  and  the  Republic  of 
Mozambique. Following these negotiations, a new Protocol was initialled on the 2nd of June 
2010, which covers a period of three years starting form the adoption of the Council decision 
on the Protocol's signing and provisional application and after expiry of the current Protocol, 
on 31 December 2011. 

This procedure concerning the Council decision on the conclusion of the new Protocol to the 
Fisheries  Partnership  Agreement  is  started  in  parallel  with  the  procedures  regarding  the 
Council decision on the Protocol's signing on behalf of the Union and provisional application 
of the new Protocol, and the Council Regulation concerning the allocation among the Member 
States of the fishing opportunities under this Protocol. 

The Commission's  negotiating position was based substantially. on the results of an ex-post 
evaluation of the current Protocol that was carried out by external experts in April 2011. 

The new Protocol is in line with the objectives of the Fisheries Partnership Agreement aiming 
at  strengthening  the  cooperation  between  the  Union  and  Mozambique  and  promoting  a 
partnership  framework  in  which  to  develop  a  sustainable  fisheries  policy  and  responsible 
exploitation  of  fishery  resources  in  the  Mozambique  fishing  zone  in  the  interests  of  both 
Parties.  

The  two  Parties  agreed  to  cooperate  with  a  view  to  implementing  Mozambique  sectoral 
fisheries  policy  and  to  that  end  shall  continue  the  policy  dialogue  on  the  relevant 
programming. 

The new Protocol provides for a total financial contribution of EUR 2 940 000 for the whole 
period.  This  amount  corresponds  to:  a)  EUR  520  000  per  year  equivalent  to  an  annual 
reference  tonnage  of  8  000  tonnes,  and  b)  EUR  460  000  per  year,  corresponding  to  the 
additional envelop paid by the Union to support Mozambique fisheries and maritime policy. 
The annual financial contribution to be paid by the budget of the Union is therefore 980 000 
EUR. Fishing opportunities for the European tuna fleet will be available to 43 purse seiners 
and 32 long liners, i.e. a total of 75 vessels. 

The  Commission  is  asked  to  adopt  this  proposal  and  transmit  it  to  the  Council  and  to  the 
Parliament. 

1 

Council Decision nº xxx/2011 of xx xxx 2011 – Ref SEC(2010) n° 1593 final 

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2011/0378 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the conclusion of a new Protocol setting out the fishing opportunities and the 
financial contribution provided for by the Fisheries Partnership Agreement 
between the European Union and the Republic of Mozambique 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 43, paragraph 2, in conjunction with Article 218, paragraph 6 a) thereof, 

Having regard to the proposal from the Commission2, 

Having regard to the consent of the European Parliament3, 

Whereas: 

(1) 

(2) 

On  22  November  2007  the  Council  adopted  Council  Regulation  (EC)  No 1446/2007 
on  the  conclusion  of  the  Fisheries  Partnership  Agreement  between  the  European 
Community and the Republic of Mozambique4 , 

The Union negotiated with Mozambique a new Protocol to that Fisheries Partnership 
Agreement,  providing  Union  vessels  with  fishing  opportunities  in  the  waters  over 
which Mozambique have sovereignty or jurisdiction in respect of fisheries, 

(3) 

As a result of these negotiations, a Protocol was initialled on 2 June 2011, 

(4) 

On  the  basis  of  Council  Decision  2011/XXX  of  […]5,  this  new  Protocol  has  been 
signed and provisionally applied since […], 

(5) 

The Protocol should be concluded, 

HAS ADOPTED THIS DECISION:  

Article 1 

The  Protocol  to  the  Fisheries  Partnership  Agreement  between  the  European  Union  and  the 
Republic of Mozambique is hereby approved6 on behalf of the Union. 

2 
3 
4 
5 

OJ C , , p. . 
OJ C …. 
OJ L 331 of 17/12/2007, p. 1 
OJ C …, …, p. …. 

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Article 2 

The President of the Council shall designate the person(s) empowered to proceed, on behalf of 
the Union, to the notification provided for in Article 16 of the Protocol, in order to express the 
consent of the Union to be bound by the Protocol7. 

Article 3 

This  Decision  enter  into  force  on  the  day  following  that  of  its  publication  on  the  Official 
Journal of the European Union. 

Done at Brussels,  

For the Council 
The President 

6 
** 
7 

The text of the Protocol has been published in OJ …** together with the decision on signature. 
OJ: Please insert the reference to OJ for doc st …../10. 
The date of entry into force of the Agreement will be published in the Official Journal of the European 
Union by the General Secretariat of the Council. 

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PROTOCOL 

Protocol setting out the fishing opportunities and the financial contribution provided for 
by the Fisheries Partnership Agreement between the European Union and the Republic 
of Mozambique 

Article 1 
Period of application and fishing opportunities 

1. 

For a period of three (3) years, the fishing opportunities granted under Article 5 of 
the Fisheries Partnership Agreement shall be as follows: 

Highly  migratory  species  (species  listed  in  Annexe  1  to  the  1982  United  Nations 
Convention on the Law of the Sea) 

(a)  43 ocean-going tuna seiners, and 

(b)  32 surface longliners. 

2. 

3. 

1. 

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

Under  Article  6  of  the  Fisheries  Partnership  Agreement,  and  Article  7  of  this 
Protocol,  vessels  flying  the  flag  of  a  Member  State  of  the  European  Union  may 
engage  in  fishing  activities  in  Mozambique  waters  only  if  they  are  on  the  list  of 
authorized  fishing  vessels  of  IOTC  and  in  possession  of  a  fishing  authorisation 
issued under the conditions established in this Protocol in accordance with the Annex 
hereto. 

Article 2 
Financial contribution - Methods of payment 

For the period referred to in Article 1, the total financial contribution referred to in 
Article  7  of  the  Fisheries  Partnership  Agreement  shall  be  EUR  2  940  000  for  the 
whole duration of this Protocol.  

2. 

This total financial contribution shall comprise: 

(a) 

(b) 

an  annual  amount  for  access  to  Mozambique  fishing  zone  of  EUR 520 
000 equivalent to a reference tonnage of 8 000 tonnes per year, and  

a  specific  amount  of  EUR  460  000  per  year  for  the  support  and 
implementation  of  Mozambique'  sectoral  fisheries  policy  and  maritime 
policy.  

Paragraph 1 shall apply subject to Articles 3, 5, 6, 8 and 9 of this Protocol.  

The European Union shall pay the financial contribution referred to in paragraph 1 at 
the rate of EUR 980 000 per year during the period of application of this Protocol, 
corresponding to the total amount fixed in paragraph 2 (a) and 2 (b) of this Article 
(i.e. respectively EUR 520 000 and EUR 460 000)  

3. 

4. 

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5. 

6. 

7. 

8. 

1. 

2. 

3. 

If the overall quantity of catches of tuna by European Union vessels in Mozambique 
fishing  zone  exceeds  8  000  tonnes  per  year,  the  amount  of  the  annual  financial 
contribution  for  access  rights  shall  be  EUR  65  for  each  additional  tonne  caught. 
However, the total annual amount paid by the European Union shall not be more than 
twice  the  amount  indicated  in  paragraph  2  a.  (i.e.  EUR  1  040  000).  Where  the 
quantities caught by European Union vessels in the Mozambique fishing zone 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  in  line  with  the 
provisions of the Annex.  

Payment  shall  be  made  no  later  than  60  days  after  this  Protocol’s  provisional 
application  as  referred  in  article  15  for  the  first  year,  and  no  later  than  the 
anniversary date of this Protocol for the following years. 

Mozambique  shall  have  full  discretion  regarding  the  use  to  which  the  financial 
contribution specified in Article 2 paragraph 2 (a) is put. 

The financial contribution shall be paid or transferred into the single central Treasury 
account. The account number shall be provided by the Mozambique authorities. 

Article 3 
Promoting responsible fishing and sustainable fisheries in Mozambique' waters 

As  soon  as  this  Protocol  enters  into  force  and  no  later  than  three  months  after  that 
date, the European Union and Mozambique shall agree, within the Joint Committee 
provided  for  in  Article  9  of  the  Fisheries  Partnership  Agreement,  on  a  multiannual 
sectoral  program,  according  with  the  Mozambique  Fisheries  Masterplan  and 
European Commission policy framework, and detailed implementing rules covering, 
in particular: 

(a) 

(b) 

annual  and  multiannual  guidelines  for  using  the  specific  amount  of  the 
financial contribution referred to in Article 2 paragraph 2 (b);  

the  objectives,  both  annual  and  multiannual,  to  be  achieved  with  a  view  to 
introduce  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 promotion of responsible fishing 
and sustainable fisheries, including marine protected areas; 

(c) 

criteria  and  procedures  including  where  appropriate  budgetary  and  financial 
indicators, for evaluating the results obtained each year. 

Any proposed amendments to the multiannual sectoral program must be approved by 
both Parties within the Joint Committee. 

Each  year,  Mozambique  may  allocate,  if  necessary,  an  additional  amount  to  the 
financial  contribution  referred  to  in  Article  2  paragraph  2  (b)  with  a  view  to 
implementing  the  multiannual  programme.  This  allocation  shall  be  notified  to  the 
European Union. 

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1. 

2. 

3. 

4. 

5. 

1. 

2. 

3. 

1. 

Article 4 
 Scientific cooperation on responsible fishing  

The  two  Parties  hereby  undertake  to  promote  responsible  fishing  in  Mozambique 
waters  based  on  the  principle  of  non-discrimination  between  the  different  fleets 
fishing in those waters. 

During the period covered by this Protocol, the European Union and Mozambique shall 
endeavour to monitor the state of fishery resources in the Mozambique's fishing zone. 

Both Parties shall endeavour to respect the resolutions and recommendations of the 
Indian  Ocean  Tuna  Commission  (IOTC)  and,  the  advice  of  the  joint  scientific 
working  group  provided  for  by  Article  4,  paragraph  2  of  the  Agreement,  regarding 
conservation and responsible management of fisheries.  

In  accordance  with  article  4  of  the  Agreement,  based  on  the  recommendations  and 
resolutions taken within the IOTC, and the best available scientific advice and, where 
appropriate, the results of the joint scientific meeting provided for by Article 4 of the 
Fisheries Partnership Agreement, the two Parties may consult each other within the 
Joint  Committee  provided  for  in  Article  9  of  the  Fisheries  Partnership  Agreement 
and,  where  necessary,  agree  on  the  measures  to  ensure  sustainable  management  of 
Mozambique’ fisheries resources. 

In  case  EU  vessels  land  their  catch  in  third  countries,  Mozambique  authorities  will 
have the possibilities of observing these landings. 

Article 5 
Adjustment of fishing opportunities by mutual agreement  

The  fishing  opportunities  referred  to  in  Article  1  may  be  adjusted  by  mutual 
agreement  insofar  as  the  recommendations  and  resolutions  of  IOTC  and  the  joint 
scientific working group support that such an adjustment will secure the sustainable 
management of tuna and tuna-like species in the Indian Ocean.  

In this case the financial contribution referred to in Article 2 paragraph 2 (a) shall be 
adjusted  proportionately  and  pro  rata  temporis.  However,  the  total  annual  amount 
paid  by  the  European  Union  shall  not  be  more  than  twice  the  figure  indicated  in 
Article 2, paragraph 2 (a).  

Both Parties shall notify each other of any changes in their respective fisheries policy 
and legislation. 

Article 6 
New fishing opportunities  

In  the  event  that  European  Union  fishing  vessels  become  interested  in  engaging  in 
fisheries  not  provided  for  in  Article  1  of  the  Fisheries  Partnership  Agreement,  the 
Parties shall consult each other before any possible authorisation is granted for any 
such  activities  and,  where  appropriate,  agree  on  the  conditions  for  such  fishing 
including  effecting  corresponding  amendments  to  this  Protocol  and  the  Annex 
thereto.  

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2. 

3. 

4. 

The  Parties  should  encourage  experimental  fishing,  especially  relating  to  under 
exploited deep water species, present in Mozambique waters. To this end, and at the 
request of one Party, the Parties shall consult each other with a view to determining 
on a case by case basis, the species, conditions and other parameters that are relevant. 

The Parties shall carry out experimental fishing in accordance with parameters that 
will  be  agreed  by  both  Parties  in  an  administrative  arrangement  where  appropriate. 
The authorisations for experimental fishing should be agreed for a maximum period 
of 6 months. 

In  the  event  that  the  Parties  consider  that  experimental  campaigns  have  given 
positive results, the Government of Mozambique may allocate fishing possibilities of 
the new species to the European Union fleet until the expiration of this Protocol. The 
financial compensation mentioned in Article 2 paragraph 2 (a) of this Protocol shall 
consequently  be  increased.  Ship-owners'  fees  and  conditions  as  provided  for  in  the 
Annex shall be amended accordingly. 

Article 7 
Conditions governing fishing activities — Exclusivity clause 

Without  prejudice  to  Article  6  of  the  Fisheries  Partnership  agreement,  European  Union's 
vessels  may  fish  in  Mozambique  waters  only  if  they  are  in  possession  of  a  valid  fishing 
authorisation issued by Mozambique under this Protocol and the Annex hereto.  

1. 

a) 

2. 

3. 

Article 8 
Suspension and review of the payment of the financial contribution 

Notwithstanding  the  provisions  laid  out  in  Article  9  of  this  Protocol,  the  financial 
contribution  referred  to  in  Article  2  paragraph  2  (a)  and  (b)  shall  be  reviewed  or 
suspended after consultation between the two Parties:  

if fishing activities in Mozambique fishing zone are prevented for reasons other than 
natural phenomena; 

following  significant  changes  in  the  policy  guidelines  of  either  one  of  the 

b) 
Parties affecting the relevant provisions of this Protocol.  

Sectoral policy support results and value for money performances will be assessed by 
the  Government  of  Mozambique  or  by  an  external  evaluator  to  be  procured  by  the 
government  of  the  Mozambique.  The  results  of  this  annual  evaluation  will  be 
analysed in the framework of the Joint Committee as provided for in article 3 of this 
Protocol. Consequently if the performances of the sectoral policy support are found 
to be materially inconsistent with the budgeted program, the European Commission 
may suspend, totally or partially, the payment of the specific contribution provided 
for in article 2, paragraph 2, b). 

Payment of the financial contribution and/or fishing activities may recommence once 
the situation has returned to the status prior to the occurrence of the above mentioned 
circumstances and if the two Parties agree to do so following consultation.  

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Article 9 
Suspension of the implementation of the Protocol 

1. 

Implementation of this Protocol shall be suspended at the initiative of either one of 
the Parties subject to consultations between and agreement of the Parties within the 
Joint Committee provided for in Article 9 of the Agreement:  

if  exceptional  circumstances,  other  than  natural  phenomena,  prevent  fishing 

a) 
activities in Mozambique fishing zone; 

in case the European Union fails to make the payments provided for in Article 

b) 
2, paragraph 2 (a) for reasons not covered by Article 8 of this Protocol;  

c) 

where a dispute arises between the Parties over the interpretation and implementation 
of this Protocol and its Annex which cannot be settled; 

if  either  one  of  the  Parties  does  not  respect  the  provisions  laid  out  by  this 

d) 
Protocol and its Annex; 

following  significant  changes  in  the  policy  guidelines  of  either  one  of  the 

e) 
Parties affecting the relevant provisions of this Protocol;  

f) 
if  either  one  of  the  Parties  ascertains  a  breach  of  essential  and  fundamental 
elements  on  human  rights  as  laid  out  by  Article  9  of  the  Cotonou  Agreement,  and 
following the procedure set out in Articles 8 and 96 thereof;  

in case of non compliance with the International Labour Organisation Declaration on 
Fundamental Principles and Rights at Work as provided in Article 3, paragraph 5 of 
the Fisheries Partnership Agreement. 

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

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

Article 10 
National law 

The activities of European Union fishing vessels in Mozambique's waters are subject 
to  the  laws  and  regulations  of  Mozambique  unless  otherwise  provided  under  this 
Protocol and the Annex thereof.  

The  authorities  of  Mozambique  shall  inform  the  European  Commission  of  any 
changes or new legislation regarding the fishery policy. 

g) 

2. 

3. 

1. 

2. 

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Article 11 
Confidentiality 

The  Parties  shall  ensure  that,  at  any  time,  all  data  relating  to  EU  vessels  and  their  fishing 
activities  in  the  Mozambican  waters  will  be  treated  as  confidential.  These  data  are  used 
exclusively  for  the  implementation  of  the  Agreement  and  for  the  purposes  of  fisheries 
management, monitoring, control and surveillance with the relevant competent authorities. 

Article 12 
Electronic exchanges of data 

Mozambique  and  the  European  Union  will  undertake  to  implement  without  delay  the 
necessary systems for the electronic exchange of all information and documents related to the 
implementation  of  the  Agreement.  The  electronic  form  of  a  document  at  any  point  will  be 
considered equivalent to the paper version. 

Both  Parties  will  immediately  notify  any  disruption  of  a  computer  system  impeding  such 
exchanges.  In 
the 
implementation of the Agreement shall be automatically replaced by their paper version in the 
manner defined in the Annex. 

information  and  documents  related 

those  circumstances, 

the 

to 

Article 13  
Duration 

This  Protocol  and  the  Annex  thereto  shall  apply  for  a  period  of  three  (3)  years  from  its 
provisional  application  as  determined  in  Article  15,  unless  notice  of  termination  is  given  in 
accordance with Article 14. 

Article 14 
Termination 

1. 
In the event of termination of this Protocol, the Party concerned shall notify the other 
Party  in  writing  of  its  intention  to  terminate  it  at  least  six  months  before  the  date  on  which 
such termination should take effect.  

Dispatch  of  the  notification  referred  to  in  the  previous  paragraph  shall  open 

2. 
consultations by the Parties. 

Article15 
Provisional Application 

This Protocol shall be applied provisionally from the date of its signature but not earlier than 
1st January 2012.  

Article 16 
Entry into force 

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.  

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CONDITIONS FOR THE EXERCISE OF FISHING ACTIVITIES BY EUROPEAN 
UNION VESSELS IN THE FISHING ZONE OF MOZAMBIQUE 

ANNEX 

CHAPTER I 

General provisions 

1. 

Designation of competent authority 

For  the  purposes  of  this  Annex  and  notwithstanding  any  indication  to  the  contrary,  any 
reference  to  the  European  Union  (EU)  or  to  Mozambique  as  a  competent  authority  shall 
mean: 

–  For  the  EU:  the  European  Commission,  where  applicable  via  the  EU  delegation  in 

Mozambique; 

–  For Mozambique: the Ministry of Fisheries. 

2. 

Mozambique's Fishing zone  

All  the  provisions  of  the  Protocol  and  its  annexe  apply  exclusively  in  the  fishing  zone  of 
Mozambique as indicated in Appendix 2. 

3. 

Appointment of a local agent 

Any EU vessel which plans to obtain a fishing authorisation under the present Protocol should 
be represented by a consignee resident in Mozambique. 

4. 

Bank account 

Mozambique shall notify the EU before the entry into force of the Protocol of the details of 
the  bank  account(s)  into  which  the  financial  sums  payable  by  EU  vessels  under  the 
Agreement should be paid. The inherent costs linked to bank transfers shall be borne by ship-
owners. 

CHAPTER II 

Tuna fishing authorisations 

1. 

Condition for obtaining a tuna fishing authorisation – eligible vessels 

The tuna fishing authorisations referred to in Article 6 of the Agreement shall be issued on the 
condition  that  the  vessel  is  included  in  the  EU  register  of  fishing  vessels  in  the  list  of 
authorized fishing vessels of the IOTC and that all previous obligations of the ship-owner, the 
master,  or  the  vessel  itself  arising  out  of  fishing  activities  in  Mozambique  under  the 
Agreement and the Mozambican fisheries legislation have been met. 

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2. 

Application for a fishing authorisation 

The EU shall submit to Mozambique an application for a fishing authorisation in respect of 
any vessel wishing to fish under the Agreement at least 20 working days before the start of 
the  period  of  validity  requested  using  the  form  attached  to  this  Annex  as  Appendix  1.  The 
application must be typed or legibly written in block capitals. 

For each initial application for a fishing authorisation on the basis of the Protocol in force, or 
following  a  technical  change  to  the  vessel  concerned,  the  application  shall  be  accompanied 
by: 

i. 

the  proof  of  payment  of  the  advance  payment  fee  for  the  period  of  validity  of  the 
fishing authorisation requested; 

ii. 

the name, address and contact of: 

• 

• 

• 

The owner of the fishing vessel; 

The operator of the fishing vessel; 

The local consignee for the vessel, where there is one; 

iii. 

iv 

v. 

a recent colour photograph of the vessel, showing a lateral view, and at least 15 cm x 
10 cm in size; 

the seaworthiness certificate of the vessel; 

the registration certificate of the vessel; 

vi. 

the health certificate of the vessel, delivered by the EU competent authority; 

vii. 

the contact details of the fishing vessel (fax, e-mail, etc.). 

For renewal of a fishing authorisation under the Protocol in force for a vessel whose technical 
specifications have not been modified, the renewal application shall only be accompanied by 
proof of payment of the fee. 

3. 

Advance payment fee 

The amount of the advance payment fee is set on the basis of the annual rate specified in the 
technical sheets included in Appendix 2 to this Annex. It shall include all local and national 
taxes with the exception of port taxes, landing taxes, transhipment taxes and charges for the 
provision of services. 

4. 

Provisional list of vessels authorised to fish 

Once it has received the fishing authorisation applications, the national body responsible for 
supervising  fishing  activities  shall  immediately  draw  up,  for  each  category  of  vessel,  the 
provisional  list  of  applicant  vessels.  This  list  shall  be  sent  without  delay  to  the  EU  by  the 
Mozambique competent authority.  

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The  EU  shall  forward  the  provisional  list  to  the  ship-owner  or  to  the  consignee.  If  the  EU 
offices  are  closed,  Mozambique  may  send  the  provisional  list  directly  to  the  ship-owner  or 
their consignee with a copy to the EU. 

5. 

Issue of fishing authorisation 

Fishing authorisations for all vessels shall be issued to ship-owners or their consignee within 
15 working days of receiving the full application by the competent authority. A copy of this 
fishing authorisation shall be sent immediately to the EU Delegation. 

6. 

List of vessels authorised to fish 

Once the fishing authorisation is issued, the national body responsible for supervising fishing 
activities shall draw up immediately for each category of vessel the final list of vessels which 
are authorised to fish in the Mozambique fishing zone. This list shall be sent immediately to 
the EU and shall replace the provisional list mentioned above. 

7. 

Period of validity of the fishing authorisation 

Fishing authorisations shall be valid for one year and be renewable. 

In order to establish the start of the period of validity, annual period shall mean: 

i. 

ii. 

ii. 

for  the  first  year  of  application  of  the  Protocol,  the  period  between  the  date  of  its 
entry into force and 31 December of the same year; 

then, each complete calendar year; 

for the last year of application of the Protocol, the period between 1 January and the 
date of expiry of the Protocol. 

For the first and for the last year of the Protocol the advance payment fee should be 
calculated on the prorata temporis basis. 

8. 

Documents to be carried onboard  

While  in  Mozambique  waters  or  in  Mozambique  port,  the  following  documents  must  be 
carried on board fishing vessel at all times: 

(a) 

(b) 

the fishing authorization; 

documents  issued  by  a  competent  authority  of  the  flag  state  of  such  fishing  vessel, 
showing: 

-  the  number  under  which  the  fishing  vessel  is  registered,  the  vessel  certificate  of 
registry; 

-Conformity  certificate  provided  for  by  the  International  Maritime  Organisation 
(IMO) Torremolinos Convention; 

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(c) 

(d) 

(e) 

(f) 

(g) 

up-to-date certified drawings or descriptions of the layout of the fishing vessel and in 
particular, the number of fish holds of the fishing vessels, with the storage capacity 
expressed in cubic metres; 

if any modification was made to the characteristics of the fishing vessel with respect 
to its length overall, its gross registered tonnage, the horsepower of its main engine 
or engines or its hold capacity, a certificate, certified by a competent authority of the 
flag state of the fishing vessel, describing the nature of such modification; 

if  the  fishing  vessel  is  equipped  with  chilled  or  refrigerated  sea-water  tanks,  a 
document certified by a competent authority of the flag state of the vessel indicating 
the calibration of the tanks in cubic metres; 

authorization to fish outside the waters under the jurisdiction of the flag state issued 
in respect of the fishing vessel; 

a  copy  of  Mozambique  Fisheries  Law  (Law  nr.  3/90)  and  Marine  Fisheries 
Regulations (REPMAR Decree nr 43/2003). 

9. 

Transfer of fishing authorisation 

The fishing authorisation shall be issued for a given vessel and shall not be transferable. 

However,  where  force  majeure  is  proven,  at  the  request  of  the  EU,  a  vessel  fishing 
authorisation may be replaced by a new authorisation, issued for another similar vessel or a 
substitute vessel, without payment of a new advance payment. In such case, the statement of 
fees for freezer tuna seiners and surface long liners in Chapter IV shall take into account the 
total catch of the two vessels in the zone of Mozambique.  

The transfer shall involve the fishing authorisation to be replaced being returned by the ship-
owner or its consignee in Mozambique and the immediate drawing up by Mozambique of the 
replacement authorisation as soon as possible. The replacement authorisation shall be issued 
without further delay to the ship-owner or its consignee when the authorisation to be replaced 
is  returned.  The  replacement  authorisation  shall  take  effect  on  the  day  on  which  the 
authorisation to be replaced is returned. 

Mozambique shall update the list of vessels authorised to fish as soon as possible. The new 
list shall be sent without delay to the national body responsible for supervising fishing, and to 
the EU. 

10. 

(1) 

Support vessels  

Support vessels must be authorised in compliance with the provisions and conditions 
provided for in Mozambican legislation.  

The annual license fee applicable for the support vessel is 3 580 EUR/year. 

(2) 

The competent Mozambican authorities shall send the list of these authorisations to 
the Commission on a regular basis, via the Delegation of the EU in Mozambique. 

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CHAPTER III 

Technical measures 

Technical  measures  applicable  to  the  vessels  holding  a  fishing  authorisation,  relating  to  the 
zone,  fishing  gear  and  additional  catch,  shall  be  defined  for  each  fishing  category  in  the 
technical sheets contained in Appendix 2 to this Annex.  

The  vessels  shall  respect  the  fisheries  legislation  of  Mozambique  and  all  the  resolutions 
adopted by the IOTC (Indian Ocean Tuna Commission). 

CHAPTER IV 

Catch reporting 

1. 

Definition of the fishing trip  

For the purposes of this Annex, the duration of a fishing trip by a EU 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. 

2. 

Fishing logbook 

The master of an EU vessel fishing under the Agreement shall keep an IOTC fishing logbook, 
for which the model for each category of fishing is included in Appendix 3 of this Annex. 

The  fishing  logbook  must  comply  with  IOTC  resolution  08/04  for  longliners  and  resolution 
10/03 for purse seiners. 

The fishing logbook shall be completed by the master for each day the vessel is present in the 
fishing zone of Mozambique. 

Each day the master shall record in the fishing logbook the quantity of each species, identified 
by  its  code  alpha  3  of  the  FAO,  caught  and  kept  on  board,  expressed  in  kilograms  of  live 
weight or, where necessary, the number of individual fish. For each main species, the master 
shall also mention the by- catch. 

The  fishing  logbook  shall  be  filled  in  legibly,  in  block  capitals,  and  shall  be  signed  by  the 
master. 

The master shall be responsible for the accuracy of the data recorded in the fishing logbook. 

3. 

Catch reporting 

The master shall notify the vessel's catch by submitting to Mozambique its fishing logbooks 
for the period of its presence in the fishing zone of Mozambique.  

The fishing logbooks shall be transmitted in one of the following ways:  

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i. 

ii. 

a. 

b. 

c. 

when  passing  through  a  port  of  Mozambique,  the  original  of  each  fishing  logbook 
shall  be  submitted  to  the  local  representative  of  Mozambique,  who  shall  confirm 
receipt  thereof  in  writing;  copy  of  the  logbook  shall  be  handed  over  to  the 
Mozambique inspection team; 

when  leaving  the  fishing  zone  of  Mozambique  without  first  passing  through  a 
Mozambican port, the original of each fishing logbook shall be sent within a period 
of 7 working days after arrival in any other port, and in any case within a period of 
15 working days after leaving the Mozambican zone;  

by  e-mail,  to  the  e-mail  address  given  by  the  national  body  supervising  fishing 
activities; 

or by fax, to the number given by the national body supervising fishing activities; 

or by the letter sent to the national body supervising fishing activities; 

The  two  Parties  shall  establish  from  the  1st  January  2012  a  protocol  for  the  electronic 
exchange of all catch and reporting data based on an electronic logbook: the two Parties shall 
then plan the implementation of the protocol and the replacement of the paper version of the 
catch reporting with an electronic version by the 1st July 2012. 

The master shall send a copy of all the fishing logbooks to the EU and its flag State competent 
authority. For tuna-fishing vessels and surface longliners, the master shall also send a copy of 
all the fishing logbooks to the Instituto Nacional de Investigação Pesqueira (IIP) and to one of 
the following scientific institutes: 

i. 

ii. 

Institut de recherche pour le développement (IRD); 

Instituto Español de Oceanografía (IEO); 

iii. 

IPIMAR (Instituto Português de Investigação Maritima); 

The  return  of  the  vessel  into  the  zone  of  Mozambique  within  the  period  of  validity  of  its 
fishing authorisation shall give rise to further catch reporting.  

Where the provisions concerning catch reporting are not observed, Mozambique may suspend 
the fishing authorisation of the vessel concerned until the missing catch report is obtained and 
penalise  the  ship-owner  in  accordance  with  the  relevant  provisions  under  the  national 
legislation in force. If the offence is repeated, Mozambique may refuse to renew the fishing 
authorisation. Mozambique shall inform the EU immediately of any sanction applied in this 
context. 

4. 

Final statement of fees for the tuna-fishing vessels and surface long liners 

For each ocean-going tuna seiner and surface long liner, the EU shall draw up, on the basis of 
its  catch  reporting  confirmed  by  the  above  scientific  institutes,  a  final  statement  of  the  fees 
owed by the vessel in respect of its annual season for the previous calendar year.  

The EU shall send this final statement to Mozambique and to the ship-owner before 31 July of 
the  year  in  progress.  Mozambique  may  contest  the  final  statement,  on  the  basis  of 

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documentary proof, within 30 working days of its being sent. In the case of disagreement, the 
Parties shall consult each other in the Joint Committee. If Mozambique does not object within 
30 working days, the final statement shall be considered to be adopted. 

Where the final statement is greater than the anticipated flat-rate fee paid to obtain the fishing 
authorisation,  the  ship-owner  shall  pay  the  outstanding  balance  to  Mozambique  by  30 
September of the year in progress. Where the final statement is less than the expected flat-rate 
fee, the remaining amount may not be reclaimed by the ship-owner. 

CHAPTER V 

Landings and transhipments 

Transhipment at sea are prohibited. All transhipment operations in port are monitored under 
the presence of Mozambican fishing inspectors. 

The master of an EU vessel wishing to land or to tranship must notify Mozambique, at least 
48 hours before landing or transhipment, of the following: 

a. 

b. 

c. 

d. 

the  name  of  the  fishing  vessel  which  must  land  or  tranship  and  its  number  in  the 
IOTC record of fishing vessels;  

the port of landing or transhipment; 

the date and time scheduled for the landing or transhipment;  

the  quantity  (expressed  in  kilograms  of  live  weight  or,  if  necessary,  the  number  of 
individual  fish)  of  each  species  to  be  landed  or  transhipped  (identified  by  its  FAO 
alpha 3 code); 

e. 

in the case of transhipment, the name of the receiving vessel; 

For the receiving vessels, not later than 24 hours before the beginning and at the end of the 
transhipment,  the  master  of  the  receiving  carrier  vessel  shall  inform  the  Mozambican 
authorities  of  the  quantities  of  tuna  and  tuna-like  species  transhipped  to  his  vessel  and 
complete  and  transmit  the  transhipment  declaration  to  the  Mozambican  authority  within  24 
hours. 

The transhipment operation is subject to a prior authorisation delivered by Mozambique to the 
captain  or  its  consignee  within  24  hours  after  the  above  mentioned  notification.  The 
transhipment operation must be carried out in a Mozambican port authorised for this purpose. 

The designated fishing ports where transhipment operations are permitted in Mozambique are 
Maputo,  Beira  and  Nacala  (ports  declared  to  the  IOTC  under  resolution  10/11  and  as  per 
PSME requirements). 

EU vessels landing in Mozambique port shall endeavour to make their by-catch available to 
the local processing companies at the local market price. Upon request from the EU fishing 
companies the Mozambican authorities shall provide a list and contact of the local processing 
companies. 

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Non-compliance with these provisions shall lead to the application of the relevant sanctions 
provided for under the legislation of Mozambique. 

CHAPTER VI 

Control 

1. 

Entering and leaving the zone 

Any entry into or departure from the fishing zone of Mozambique of an EU vessel holding a 
fishing  authorisation  must  be  notified  to  Mozambique  within  3  hours  of  the  entry  or 
departure. 

When notifying its entry or departure, the vessel shall notify in particular:  

i. 

ii. 

iii. 

iv. 

the date, time and point of passage scheduled; 

the  quantity  of  each  target  species  held  on  board,  as  identified  by  its  FAO  alpha  3 
code  and  expressed  in  kilograms  of  live  weight  or,  if  necessary,  the  number  of 
individual fish; 

The  quantity  of  each  by-catch  species  retained  on  board  as  identified  by  its  FAO 
alpha  3-code  and  expressed  in  kilograms  of  its  live  weight  or,  if  necessary,  the 
number of individual fish. 

The  quantity  of  each  by-catch  species  discarded  as  identified  by  its  FAO  alpha  3-
code  and  expressed  in  kilograms  of  its  live  weight  or,  if  necessary,  the  number  of 
individual fish. 

Notification shall be given preferably by e-mail or, failing that, by fax, to an e-mail address or 
a telephone number or a fax number communicated by Mozambique, using the form attached 
to the Annex as Appendix 4. Mozambique shall confirm receipt thereof immediately by return 
e-mail or fax. 

Mozambique shall immediately inform the vessels concerned and the EU of any change to the 
e-mail address, telephone number or transmission frequency. 

Any  vessel  found  to  be  fishing  in  the  Mozambican  fishing  zone  without  having  previously 
notified its presence shall be considered to be an unauthorized fishing vessel. 

Any person infringing this provision shall be liable to the penalties and sanctions provided for 
by the Mozambican fisheries law.  

The entry/exit catch reports must be kept onboard at least for one year from the date of the 
report transmission.  

2. 

Periodic catch report  

When an EU vessel is operating in Mozambique waters, the captain of an EU vessel holding a 
fishing authorization must notify the Mozambique Authority every three days with the catch 
made in the fishing zone of Mozambique. The first catch declaration will start 5 days after the 
date of entry in Mozambique fishing zone. 

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Every 5 days when notifying its periodic catch report, the vessel shall notify in particular: 

i. 

the date, time and position on reporting; 

the quantity of each target species caught and held on board during the 5 days period, 
ii. 
as  identified  by  its  FAO  alpha  3  code  and  expressed  in  kilograms  of  live  weight  or,  if 
necessary, the number of individual fish; 

the  quantity  of  each  by-catch  species  retained  on  board  during  the  5  days  period,  as 
iii. 
identified by its FAO alpha 3 code and expressed in kilograms of live weight or, if necessary, 
the number of individual fish; 

iv. 
the  quantity  of  each  by-catch  species  discarded  at  sea  during  the  5  days  period,  as 
identified by its FAO alpha 3 code and expressed in kilograms of live weight or, if necessary, 
the number of individual fish; 

v. 

product presentation; 

vi. 

For tuna Purse seine fishing vessels: 

- number of successful sets on FAD since last report; 

- number of successful sets on free school since last report; 

- number of unsuccessful sets. 

vii. 

For tuna Long line fishing vessels: 

- number of sets since last report; 

- number of hooks deployed since last report. 

Notification shall be given preferably by e-mail or, failing that, by fax, to an e-mail address or 
a telephone number communicated by Mozambique, using the form attached to the Annex as 
Appendix 5. Mozambique shall immediately inform the vessels concerned and the EU of any 
change to the e-mail address, telephone number or transmission frequency. 

Any vessel found to be fishing in the Mozambican fishing zone without having notified its 5 
days  periodic  catch  report  shall  be  considered  to  be  an  unauthorized  fishing  vessel.  Any 
person infringing this provision shall be liable to the penalties and sanctions provided for by 
the Mozambican Fisheries Law. 

The periodic catch reports must be kept on board at least during 1 year from the date of the 
report transmission. 

3. 

Inspection at sea 

The  inspection  at  sea  in  the  zone  of  Mozambique  of  EU  vessels  holding  a  fishing 
authorisation  shall be  carried  out  by  vessels and inspectors of Mozambique who are clearly 
identified as being assigned to carry out fishing checks.  

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Before going on board, the authorised inspectors shall warn the EU vessel of their decision to 
carry out an inspection. The inspection shall be carried out by fisheries inspectors, who must 
provide  proof  of  their  identity  and  official  position  as  an  inspector  before  carrying  out  the 
inspection.  

The  authorised  inspectors  shall  only  stay  on  board  the  EU  vessel  for  the  time  necessary  to 
carry  out  tasks  linked  to  the  inspection.  They  shall  carry  out  the  inspection  in  a  way  which 
minimises the impact on the vessel, its fishing activity and cargo. 

At  the  end  of  each  inspection,  the  authorised  inspectors  shall  draw  up  an  inspection  report. 
The  master  of  the  EU  vessel  has  the  right  to  make  comments  in  the  inspection  report.  The 
inspection report shall be signed by the inspector drawing up the report and the master of the 
EU vessel. 

The authorised inspectors shall give a copy of the inspection report to the master of the EU 
vessel  before  leaving  the  vessel.  In  case  of  infringement,  a  copy  of  the  notification  of  the 
infringement should be transmitted also to the EU as foreseen in chapter VIII.  

4. 

Pre-fishing briefing and Pre-fishing inspection 

Every calendar year and before engaging in fishing activities, 33% of EU vessels authorized 
to fish in Mozambican waters shall come to a Mozambican port for a pre-fishing briefing and 
a pre-fishing inspection.  

The list of the designated vessels that should be inspected before engaging the fishing activity 
is communicated by Mozambican authority to the ship-owners and a copy is transmitted to the 
EU.  For  the  vessels  included  in  the  list,  the  fishing  authorisation  will  be  handed  over 
immediately after the inspection at port.  

The  ship-owner  should  inform  72  hours  in  advance  the  Mozambican  authority  about  the 
timing  and  the  port  chosen  for  the  inspection.  Inspections  will  take  place  24  hours  upon 
arrival at the chosen port, namely Maputo, Beira or Nacala.  

Mozambique may authorize the EU to participate in the inspection in port as an observer. 

The master of the EU vessel shall allow the Mozambican inspectors to carry out their work. 

At the end of each inspection, the Mozambican inspector shall draw up an inspection report. 
The master of the EU vessel has the right to include his comments in the inspection report.  

The inspection report shall be signed by the inspector drawing up the report and the master of 
the EU vessel. 

The Mozambican inspectors shall give a copy of the inspection report to the master of the EU 
vessel at the end of the inspection. Mozambique shall send a copy of the inspection report to 
the EU within a period of 8 working days after the inspection. 

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5. 

Inspection in port in case of landing and transhipment 

The inspection in a port of Mozambique of EU vessels which land or tranship their catch from 
the  Mozambican  zone  shall  be  carried  out  by  Mozambican  inspectors  who  are  clearly 
identified as being assigned to carry out fishing checks.  

Inspectors  must  provide  proof  of  their  identity  and  official  position  as  an  inspector  before 
carrying  out  the  inspection.  The  Mozambican  inspectors  shall  only  stay  on  board  the  EU 
vessel for the time necessary to carry out the tasks related to the inspection and shall conduct 
the  inspection  in  such  a  way  as  to  minimise  the  impact  on  the  vessel,  the  landing  or 
transhipment operation and the cargo. 

At the end of each inspection, the inspectors shall draw up an inspection report. The master of 
the EU vessel has the right to include his comments in the inspection report. The inspection 
report shall be signed by the inspector drawing up the report and the master of the EU vessel. 

The Mozambican inspectors shall give a copy of the inspection report to the master of the EU 
vessel at the end of the inspection. 

CHAPTER VII 

Satellite monitoring system (VMS) 

1. 

Vessel position messages – VMS system 

EU  vessels  holding  a  fishing  authorisation  must  be  equipped  with  a  satellite  monitoring 
system  (Vessel  Monitoring  System  –  VMS) 
to  enable  automatic  and  continuous 
communication  of  their  position,  every  one  hour,  to  the  fishing  control  centre  (Fisheries 
Monitoring Centre – FMC) of their flag state.  

Each position message must contain : 

a. 

b. 

c. 

d. 

the vessel identification; 

the  most  recent  geographical  position  of  the  vessel  (longitude,  latitude),  with  a 
position error of less than 500 metres, and with a confidence interval of 99%;  

the date and time the position is recorded; 

the speed and the course of the vessel; 

Each  position  message  must  be  configured  in  accordance  with  the  format  included  in 

Appendix 5 to this Annex. 

The  first  position  recorded  after  entry  into  the  Mozambican  zone  shall  be  identified  by  the 
code 'ENT'. All subsequent positions shall be identified by the code 'POS', with the exception 
of  the  first  position  recorded  after  departure  from  the  Mozambican  zone,  which  shall  be 
identified by the code 'EXI'. The FMC of the flag state shall ensure the automatic processing 

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and, if necessary, the electronic transmission of the position messages. The position messages 
shall be recorded in a secure manner and kept for a period of three years. 

2. 

Transmission by the vessel in the event of breakdown of the VMS system 

The master shall ensure at all times that the VMS system of his vessel is fully operational and 
that the position messages are correctly transmitted to the FMC of the flag state.  

The EU vessels with defective VMS systems are not authorized to enter in the fishing zone of 
Mozambique. 

When already operating in the fishing zone of Mozambique, in the event of breakdown, the 
VMS system of the vessel shall be repaired at the end of the trip or replaced within 10 days. 
After that period, the vessel shall no longer be authorised to fish in the Mozambican zone.  

Vessels  fishing  in  the  Mozambican  zone  with  a  defective  VMS  system  must  communicate 
their position messages by e-mail or fax to the FMC of the flag state and of Mozambique, at 
least every two hours, and must provide all the compulsory information. 

3. 

Secure communication of the position messages to Mozambique 

The  FMC  of  the  flag  state  shall  automatically  send  the  position  messages  of  the  vessels 
concerned  to  the  FMC  of  Mozambique.  The  FMC  of  the  flag  state  and  Mozambique  shall 
exchange their contact e-mail addresses and inform each other without delay of any change to 
these addresses. 

The transmission of position messages between the FMCs of the flag state and Mozambique 
shall be carried out electronically using a secure communication system. 

The  FMC  of  Mozambique  shall  inform  the  FMC  of  the  flag  state  and  the  EU  of  any 
interruption in the receiving of consecutive position messages from a vessel holding a fishing 
authorisation, where the vessel concerned has not notified its departure from the zone.  

4. 

Malfunction of the communication system 

Mozambique shall ensure the compatibility of its electronic equipment with that of the FMC 
of  the  flag  state  and  inform  the  EU  immediately  of  any  malfunction  as  regards  the 
communication and receiving of position messages with a view to finding a technical solution 
as soon as possible. The Joint Committee shall deal with any possible dispute arising.  

The master shall be considered to be responsible for any proven manipulation of the vessel’s 
VMS  system  aimed  at  disturbing  its  operation  or  falsifying  its  position  messages.  Any 
infringement  shall  be  subject  to  the  penalties  provided  for  by  Mozambican  legislation  in 
force. 

5. 

Revision of the frequency of position messages 

On  the  basis  of  documentary  evidence  proving  an  infringement,  Mozambique  may  ask  the 
FMC of the flag state, copying in the EU, to reduce the interval for sending position messages 
from  a  vessel  to  every  thirty  minutes  for  a  set  period  of  investigation.  This  documentary 
evidence must be sent by Mozambique to the FMC of the flag state and the EU. The FMC of 

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the  flag  state  shall  immediately  send  the  position  messages  to  Mozambique  at  the  new 
frequency.  

The FMC of Mozambique shall then immediately notify the Control Centre of the flag State 
and the European Commission of the end of the inspection procedure; 

At the end of the set investigation period, Mozambique shall inform the FMC of the flag state 
and the EU of any monitoring which is required. 

CHAPTER VIII  

Infringements 

Failure  to  observe  any  of  the  rules  and  provisions  of  the  Protocol,  the  management  and 
conservation  of  living  resources  measures  or  Mozambique  fisheries  legislation  may  be 
the  vessel's  fishing 
penalized  by  fines,  suspension,  revocation  or  non-renewal  of 
authorization. 

1. 

Treatment of infringements 

Any  infringement  committed  in  the  Mozambican  fishing  zone  by  an  EU  vessel  holding  a 
fishing authorisation in accordance with the provisions of this Annex must be mentioned in an 
(inspection) report. 

In case of an inspection on board, the signature of the inspection report by the master shall be 
without prejudice to the ship owner's right of defence in respect of an infringement. Where the 
master refuses to sign the inspection report, he writes in the inspection report the reasons of 
his refusal with the mention "refusal to sign". 

For  any  infringement  committed  in  Mozambique  fishing  zone  by  an  EU  vessel  holding  a 
fishing  authorization  the  notification  of  the  infraction  defined  and  the  accessory  sanctions 
imposed  to  the  captain  or  the  fishing  company  shall  be  sent  directly  to  the  shipowners 
following  the  procedures  set  in  the  Mozambique  Fisheries  Law.  A  copy  of  the  notification 
should be sent to the flag state of the vessel and to the EU within 72 hours. 

2. 

Detention of a vessel 

Where permitted under the Mozambican legislation in force regarding the infringement, any 
EU vessel having committed an infringement may be forced to cease its fishing activity and, 
where the vessel is at sea, to return to a Mozambican port. 

Mozambique shall notify the EU within 24 hours of any detention of an EU vessel holding a 
fishing authorisation. The notification will provide the reasons of the arrest and/or detention.  

Before  taking  any  measure  against  the  vessel,  the  master,  the  crew  or  the  cargo,  with  the 
exception  of  measures  aimed  at  protecting  evidence,  Mozambique  shall  designate  an 
investigating  officer  and  organise,  at  the  request  of  the  EU,  within  one  working  day  of 
notification of the detention of the vessel, an information meeting to clarify the facts which 
have  led  to  the  vessel  being  detained  and  to  explain  what  further  action  may  be  taken.  A 
representative of the flag state and of the ship-owner of the vessel may attend this information 
meeting.  

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3. 

Penalties for infringements - Compromise procedure 

The penalty for the infringement shall be set by Mozambique according to the provisions of 
the national legislation in force. 

In the event that the ship-owner does not accept the fines, a compromise procedure prior to 
launching the legal procedures shall be undertaken between the Mozambican authorities and 
the EU vessel to settle the issue amicably. A representative of the flag state of the vessel may 
participate in this compromise procedure. The compromise procedure shall finish at the latest 
72 hours after the notification of the detention of the vessel. 

4. 

Legal proceeding – Bank guarantee 

If  the  above  mentioned  compromise  procedure  fails  and  the  infringement  is  brought  before 
the competent court, the owner of the vessel which committed the infringement shall deposit a 
bank  guarantee  at  a  bank  designated  by  Mozambique,  the  amount  of  which,  as  set  by 
Mozambique, covers the costs linked to the detention of the vessel, the estimated fine and any 
compensation.  The  bank  guarantee  may  not  be  recovered  until  the  legal  proceedings  have 
been concluded. 

The  bank  security  shall  be  released  and  returned  to  the  shipowner  without  delay  after  the 
judgment has been given:  

a. 

b. 

in full, if no penalty has been imposed; 

for the amount of the remaining balance, if the penalty is a fine which is lower than 
the amount of the bank security. 

Mozambique shall inform the EU of the outcome of the legal proceedings within 8 days of the 
judgement being given. 

5. 

Release of the vessel and the crew 

The vessel and its crew shall be authorised to leave the port once the penalty has been paid in 
a compromise procedure, or once the bank guarantee has been deposited. 

CHAPTER IX 

Signing-on of seamen 

1. 

Number of seamen to sign on  

During their activities in Mozambique's fishing zone, the EU ocean-going tuna seiners shall 
sign-on at least 2 Mozambican qualified seamen per vessel. The long-liners shall sign on at 
least 1 Mozambican qualified seaman per vessel. 

The owners of EU vessels shall endeavour to sign on additional Mozambican seamen. 

When no Mozambican seamen are taken on board, for any reason, EU ship-owners shall be 
obliged to pay a flat rate amount equivalent to a figure based on the number of days that the 
vessel operated in Mozambique fishing zone multiplied by the amount per day which is fixed 

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at  30  €  per  seaman  per  vessel  per  day.  The  fl at  rate  shall  be  paid  to  the  Mozambique 
authorities at the latest by 31st December of the same year. 

That sum shall be used for the training of seamen/fishermen in Mozambique and shall be paid 
into an account specified by the authorities of Mozambique. 

2. 

Free choice of seamen 

Mozambique holds a list of qualified seamen to be signed on for EU vessels. 

The ship-owner, or their consignee, shall choose freely from this list the seamen to be signed 
on and shall notify Mozambique of their inclusion in the crew. 

3. 

Seamen's contracts  

The  employment  contract  shall  be  drawn  up  by  the  ship-owner  or  its  consignee  and  the 
seaman, if necessary represented by their union, in liaison with Mozambique. It shall stipulate 
in particular the date and port of signing on. 

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

A copy of the contract shall be given to the signatories.  

The  basic  working  rights  laid  down  in  the  declaration  of  the  International  Labour 
Organisation (ILO) shall be afforded to Mozambican seamen. 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. 

4. 

Seamen's wages  

The  wages  of  the  Mozambican  seamen  shall  be  paid  by  the  ship-owner.  They  shall  be  set 
before  the  fishing  authorisation  is  issued  and  by  mutual  agreement  between  the  ship-owner 
and its consignee in Mozambique. 

The wages shall not be lower than those of crews on national vessels, nor the level determined 
by the ILO. 

5. 

Seamen's obligations 

The seamen shall report to the master of the vessel to which they have been appointed the day 
before the signing-on date stipulated in their contract. The master shall inform the seaman of 
the date and time of signing on. If the seaman withdraws or does not present himself at the 
date and time stipulated for his signing on, his contract shall be considered to be null and void 
and  the  ship-owner  shall  be  automatically  discharged  from  its  obligation  to  sign  him  on.  In 
this  case  the  ship-owner  shall  not  be  liable  for  any  financial  penalty  or  compensation 
payment. 

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1. 

Observation of fishing activities  

CHAPTER X 

All EU vessels holding a fishing authorisation in Mozambique  shall contribute  300  EUR  to 
the fisheries observer program to be paid into the competent authority specific account, when 
they apply for the fishing authorisation. This fund shall be used to cover administrative and 
management cost of the observers program.  

This  observation  program  shall  conform  to  the  provisions  provided  for  in  the  resolutions 
adopted by the IOTC (Indian Ocean Tuna Commission).  

2. 

Designated vessels and observers 

Mozambique authorities shall draw a list of vessels designated to take an observer on board. 
This list shall be kept up to date. It shall be forwarded to the European Commission as soon as 
it has been drawn up. 

The  Mozambique  authorities  shall  inform  the  ship-owners  concerned  of  the  name  of  the 
observers  appointed  to  be  taken  on  board  of  their  vessel  no  later  than  15  days  before  the 
observer's planned embarkation date.  

The  observers  shall  not  spend  more  time  on  board  the  vessel  than  is  necessary  to  carry  out 
their duties. 

3. 

Observer's salary 

The  salary  and  social  contributions  of  the  observer  shall  be  borne  by  the  Mozambican 
authorities. 

4. 

Embarkation conditions 

The embarkation conditions for the observer, in particular the duration of presence on board, 
shall  be  defined  by  mutual  agreement  between  the  ship-owner  or  its  consignee  and 
Mozambique. 

Observers  shall  be  treated  as  officers.  However,  receiving  the  observer  on  board  shall  take 
into account the technical structure of the vessel. 

The ship-owner shall bear the costs of providing accommodation and food for the observer on 
board.  

The master shall take all the measures for which he is responsible to guarantee the physical 
safety and general wellbeing of the observer. 

Observers shall be granted access to every facility needed to carry out their duties. They shall 
have  access  to  means  of  communication  and  any  documents  on  board,  and  to  documents 
relating to the fishing activities of the vessel, in particular the fishing logbook, freeze log and 
navigation log, and the parts of the vessel directly linked to their duties. 

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5. 

Embarkation and landing of observers 

The observer shall sign on in a port chosen by the ship-owner.  

The ship-owner or its representative shall notify Mozambique, with a notice period of 10 days 
before  the  embarkation,  of  the  date,  time  and  port  of  embarkation  of  the  observer.  If  the 
observer is embarked in a foreign country, their travel costs to the port of embarkation shall 
be borne by the ship-owner. 

If the observer does not arrive to embark within 12 hours of the date and time set, the ship-
owner shall be automatically discharged from its obligation to allow the observer to embark.  

It shall be free to leave the port and start fishing operations. 

Where  the observer  is  not  disembarked in a port of Mozambique,  the ship-owner shall bear 
the costs of accommodation and food during the time the observer is waiting for repatriation 
flight. 

6. 

Observer's obligations 

Whilst they are on board observers shall: 

a. 

b. 

c. 

take all appropriate measures so as not to interrupt or hinder fishing operations; 

respect on-board property and equipment; 

respect the confidential nature of any document belonging to the vessel. 

The  observers  shall  communicate  observations  by  radio,  fax  or  e-mail  at  least  once  a  week 
while the vessel is fishing in the Mozambican fishing zone, including the quantity of 
catches and by-catches on board and any other duties as required by the authority. 

7. 

Observer's report 

Before leaving the vessel, the observer shall submit a report of his observations to the master 
of the vessel. The master of the vessel shall have the right to make comments in the observer's 
report. The report shall be signed by the observer and the master. The master shall receive a 
copy of the observer's report.  

The observer shall send his report to Mozambique, which shall send a copy of it to the EU 
within 15 working days of the disembarkation of the observer. 

------------------------------------------------------------------ 

Appendices to this Annex 

1. Appendix I - Application form for a fishing authorisation 

2. Appendix 2 – Technical sheets 

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3. Appendix 3 – Fishing logbook 

4. Appendix 4 – Entry/exit notification form 

5. Appendix 5 – Format of VMS message position 

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Appendix 1 - Application form for a fishing authorisation 

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EN 

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Appendix 2 – Technical sheets 

SHEET : 

TUNA SEINERS AND SURFACE LONGLINERS 

1.  Fishing zone: 

•  Beyond twelve nautical miles from the base lines. 

•  Geographical coordinates: 

see table below 

1.  Authorised gear: 

•  Seine 

•  Surface longliner 

2.  By-catches:  

•  Compliance with IOTC Resolutions 

3.  Authorised tonnage/Fees: 

Number  of  vessels  authorised  to 
fish  

•  Ocean-going tuna seiner vessels : 43 

•  surface longliner vessels : 

32 

•  5  100  euro  per  ocean-going  tuna  seiner  vessel,  for  146  tonnes  of  catch  of 

highly migratory and associated species 

Annual advance payment fee: 

•  4 100 euro per surface longliner vessel > 250 GT, for 118 tonnes of catch of 

highly migratory and associated species 

•  2 500  euro per  surface  longliner  vessel  < 250  GT, for 72  tonnes  of  catch of 

highly migratory and associated species 

Additional fee: 

35 euro per tonne caught 

4.  Mozambique national seamen 

•  30 euro per seaman, per vessel, per day in case of non embarking. 

•  (6) Observers (contribution to the fisheries observer program) 

•  300 euro per year, per vessel  

Geographical coordinates:  

Point 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

Latitude 

26°50'S 

26°00'S 

25°10'S 

24°45'S 

22°42'S 

21°34'S 

20°03'S 

16°38'S 

15°40'S 

11°50'S 

10°26'S 

Longitude 

37°36'E 

38°15'E 

38°38'E 

38°24'E 

37°54'E 

37°30'E 

37°58'E 

41°18'E 

42°31'E 

41°45'E 

42°05'E 

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Appendix 3 – Fishing logbook  

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Appendix 4 – Entry/Exit notification form 

COMMUNICATION FORMAT REPORTS 

ENTRY / EXIT REPORTS 

PERIODIC CATCH REPORT WHEN IN MOZAMBICAN EEZ 

All reports shall be transmitted to the competent authority, the National Fisheries 

Administration of Mozambique, at: 

Email: entryexitcatchmoz@gmail.com 

(Alternative - Fax: + 258 21 320 335) 

Please note that: 

- Entry or exit reports must be sent to the email provided above within three hours 

before the event, 

- Catch must be reported per species and live weight, 

- Catch unit must be in kilogramme, 

- The reporting of catch relates to both the targeted species and the by-catch 

species. The species list provided below can be changed according to the species 

caught. 

1. Entry report format (within three hours before the event) 

Subject text: Vessel Name / IN 

Vessel name: 

International radio call sign: 

Date of entry (dd/mm/yyyy): 

Time of entry (UTC): 

Position of entry (Deg Mn Sec): 

Total quantity of fish species on board at Entry in EEZ 

Yellowfin (YFT) Kg 

Bigeye tuna (BET) Kg 

Skipjack (SKJ) Kg 

Albacore (ALB) Kg 

Marlin (MAR) Kg 

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Swordfish (SWO) Kg 

Shortbill spearfish (SSP) Kg 

Sailfish (SFA) Kg 

Blue shark (BSH) Kg 

Porbeagle (POR) Kg 

Mako shark (MAK) Kg 

Great white shark (TIG) Kg 

Crocodile shark (PSK) Kg 

Thresher sharks (THR) Kg 

Oceanic whitetip shark (OCS) Kg 

Hammerhead Sharks (SPN) Kg 

Other Requiem sharks (CWZ) Kg 

Others (specify species + FAO Code) Kg 

Etc… 

2. Exit report format (within 3 hours before the event) 

Subject text: Vessel Name / OUT 

Vessel name: 

International radio call sign: 

Date of exit (dd/mm/yyyy): 

Time of exit (UTC): 

Position at exit (Deg Mn Sec): 

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Total quantity of fish species on board at Exit of EEZ 

Yellowfin (YFT) Kg 

Bigeye tuna (BET) Kg 

Skipjack (SKJ) Kg 

Albacore (ALB) Kg 

Marlin (MAR) Kg 

Swordfish (SWO) Kg 

Shortbill spearfish (SSP) Kg 

Sailfish (SFA) Kg 

Blue shark (BSH) Kg 

Porbeagle (POR) Kg 

Mako shark (MAK) kg 

Great white shark (TIG) Kg 

Crocodile shark (PSK) Kg 

Thresher sharks (THR) Kg 

Oceanic whitetip shark (OCS) Kg 

Hammerhead Sharks (SPN) Kg 

Other Requiem sharks (CWZ) Kg 

Others (specify + FAO Code) 

Etc… 

3. Weekly/periodic catch report format (every three days when the vessel is operating in 

Mozambique waters) 

Subject text: Vessel Name / WCR 

Vessel name: 

International radio call sign: 

Date at reporting (dd/mm/yyyy): 

Time at reporting (UTC): 

Position at reporting (Deg Mn Sec) 

Catch in Mozambique EEZ (KG) 

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Yellowfin (YFT) Kg 

Bigeye tuna (BET) Kg 

Skipjack (SKJ) Kg 

Albacore (ALB) Kg 

Marlin (MAR) Kg 

Swordfish (SWO) Kg 

Shortbill spearfish (SSP) Kg 

Sailfish (SFA) Kg 

Blue shark (BSH) Kg 

Porbeagle (POR) Kg 

Mako shark (MAK) Kg 

Great white shark (TIG) Kg 

Crocodile shark (PSK) Kg 

Thresher sharks (THR) Kg 

Oceanic whitetip shark (OCS) Kg 

Hammerhead Sharks (SPN) Kg 

Other Requiem sharks (CWZ) Kg 

Others (specify species + FAO Code) 

Etc… 

For Tuna Purse Seine fishing vessel: 

- Number of successful sets on FAD since last report: 

- Number of successful sets on free school since last report 

- Number of unsuccessful sets: 

For Tuna Longline fishing vessel: 

- Number of sets since last report: 

- Number of hooks deployed since last report: 

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The table below shows the official alphanumeric codes (also called "3-alpha") for the species under the 

mandate of the IOTC. The English, French and Scientific names are taken from the FAO taxonomy. 

Code  English Name  French Name 

Scientific Name 

ALB 

Albacore tuna 

Germon  Thunnus alalunga 

BET 

Bigeye tuna Patudo; 

Thon obese 

Thunnus obesus 

BFT 

Bluefin tuna 

Thon rouge 

Thunnus thynnus thynnus 

BIL 

Marlins, sailfishes, spear fish 

Poissons epŽe NCA** 

Xiphioidei NEI* 

BIP 

Indo-Pacific Bonito Bonito oriental 

Sarda orientalis 

BLM 

Black Marlin 

Makaire noir 

Makaira indica 

BLT 

Bullet tuna 

Bonitou  Auxis rochei 

BLZ 

Indo-Pacific Blue Marlin 

Makaire bleu de lÕIndo Pacifique Makaira mazara 

COM 

Narrow barred Spanish Mackerel 

Thazard rayŽ 

Scomberomorus commersoni 

DOT 

Dogtooth tuna 

Bonite ˆ gros yeux  Gymnosarda unicolor 

FRI 

Frigate tuna 

Auxide  Auxis thazard 

FRZ 

Frigate and Bullet tunas 

Auxides et Bonitous 

Auxis spp. 

GUT 

Indo-Pacific king mackerel  Thazard ponctuŽ  Scomberomorus guttatus 

KAW 

Kawakawa 

Thonine orientale  Euthynnus affinis 

KGX 

Seerfishes NEI*  Thazards NCA**  Scomberini NEI* 

LOT 

Longtail tuna 

Thon mignon 

Thunnus tonggol 

MAR  Marlines NEI* 

Makaire NCA** 

MLS 

Striped Marlin 

Marlin rayŽ 

Tetrapturus audax 

OBL 

Billfishes, unclassified 

Porte-épée non-classifiés 

OTH 

Others NEI* 

Autres NCA** 

Scombridae and Xiphioidei 

RSK 

Requiem sharks  Carcharinidae 

SBF 

Southern Bluefin tuna 

Thon rouge du sud Thunnus maccoyii 

SFA 

Indo-Pacific Sailfish 

Voilier de lÕIndo-Pacifique 

Istiophorus platypterus 

SHK 

Shark  Requins 

SKJ 

Skipjack Listao;  Bonite ˆ ventre rayŽ 

Katsuwonus pelamis 

SSP 

Short-billed spearfish 

Makaire ˆ rostre court 

Tetrapterus angustirostris 

STS 

Streaked seerfish  Thazard cirrus 

Scomberomorus lineolatus 

SWO 

Swordfish 

Espadon Xiphias gladius 

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TUN 

Tunas and Bonitos NEI* 

Thons et bonites NCA** 

Thunnini and Sardini NEI* 

WAH  Wahoo  Thazard-b‰tard  Acanthocybium solandri 

YFT 

Yellowfin tuna 

Albacore Thunnus albacares 

*NEI: 

not elsewhere included 

**NCA :  non compris ailleurs 

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Appendix 5 – Format of VMS message position 

COMMUNICATION OF VMS MESSAGES  
POSITION REPORT 

Data Element 

Code  Mandatory/ 

Content 

Optional 

Start record 

Addressee 

From 

Flag State 

Type of message 

Radio call sign 

Contracting 
internal 
number 

Party 
reference 

registration 

External 
number 

Latitude 

Longitude 

Course 

Speed 

Date 

Time 

End record 

SR 

AD 

FR 

FS 

TM 

RC 

IR 

XR 

LA 

LO 

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 – addressee. Alpha-3 ISO country code 

Message detail – sender. Alpha-3 ISO country code 

Message detail – flag state 

Message detail – message type [ENT, POS, EXI] 

Vessel detail – international radio call sign of vessel 

Vessel  detail  – unique  Contracting  Party  number  (flag  State  ISO3  code  followed  by
number) 

Vessel detail – number marked on side of vessel 

Vessel position detail – position in degrees and minutes N/S DDMM (WGS84) 

Vessel position detail – position in degrees and minutes E/W DDMM (WGS84) 

Vessel course 360° scale 

Vessel speed in tenths of knots 

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

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

System detail - indicates end of record 

M 
O = optional data element 

= 

mandatory 

data 

element 

Each data transmission is structured as follows: 

1. characters are accorded to the ISO 8859.1 norm 
2. a double slash (//) and field code SR indicate the start of the message 

3. each data element is identified by its code ans separated from the other data elements by a double slash (//) 
4. a single slash (/) separates the field code and the data 
5. the ER code followed by a double slash (//) indicates the end of the message 
6. the optional data elements must be inserted between the start and the end of the message 

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LEGISLATIVE FINANCIAL STATEMENT 

1. 

FRAMEWORK OF THE PROPOSAL/INITIATIVE 

1.1.  Title of the proposal/initiative 

1.2.  Policy area(s) concerned 

1.3.  Nature of the proposal/initiative 

1.4.  Objective(s) 

1.5.  Grounds for the proposal/initiative 

1.6.  Duration and financial impact 

1.7.  Management mode(s) envisaged 

2. 

MANAGEMENT MEASURES 

2.1.  Monitoring and reporting rules 

2.2.  Management and control system 

2.3.  Measures to prevent fraud and irregularities 

3. 

ESTIMATED FINANCIAL IMPACT OF THE PROPOSAL/INITIATIVE 

3.1.  Heading(s)  of  the  multiannual  financial  framework  and  expenditure 
budget line(s) affected 

3.2.  Estimated impact on expenditure 

3.2.1. Summary of estimated impact on expenditure 

3.2.2. Estimated impact on operational appropriations 

3.2.3. Estimated impact on appropriations of an administrative nature 

3.2.4. Compatibility with the current multiannual financial framework 

3.2.5. Third-party contributions 

3.3.  Estimated impact on revenue 

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1. 

FRAMEWORK OF THE PROPOSAL/INITIATIVE 

1.1. 

Title of the proposal/initiative 

Proposal  for  a  Council  Decision  on  the  conclusion  of  a  new  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 

1.2. 

Policy area(s) concerned in the ABM/ABB structure8 

11. - Maritime Affairs and Fisheries 

11.03 - International fisheries and law of the sea 

1.3. 

Nature of the proposal/initiative 

(cid:133) The proposal/initiative relates to a new action 

(cid:133) The proposal/initiative relates to a new action following a pilot project/preparatory action9 

X The proposal/initiative relates to the extension of an existing action 

(cid:133) The proposal/initiative relates to an action redirected towards a new action 

1.4. 

Objectives 

1.4.1.  The Commission’s multiannual strategic objective(s) targeted by the proposal/initiative 

The  Commission’s  exclusive  responsibility  for  negotiating  bilateral  fisheries  agreements 
involves negotiating, concluding and implementing Fisheries Partnership Agreements (FPAs) 
and,  at  the  same  time,  ensuring  political  dialogue  between  partners  in  the  field  of  fisheries 
policy in the third countries concerned.  

The negotiation and conclusion of fisheries agreements with third countries meets the general 
objective of maintaining and safeguarding the fishing activities of the European Union 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  EU  waters,  taking 
account of environmental, social and economic concerns.  

FPAs  also ensure coherence between the principles governing the Common Fisheries Policy 
and  the  commitments  made  under  other  European  policies  (sustainable  use  of  third-country 
resources, combating illegal, unreported and unregulated (IUU) fishing, integration of partner 
countries into the global economy and better political and financial governance of fisheries). 

8 
9 

ABM: Activity Based Management – ABB: Activity Based Budgeting. 
As referred to in Article 49(6)(a) or (b) of the Financial Regulation. 

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1.4.2. 

Specific objective(s) and ABM/ABB activity(ies) concerned 

Specific objective No 110 

To  contribute  to  sustainable  fishing  in  non-EU  waters,  maintain  a  European  presence  in 
distant-water  fisheries  and  protect  the  interests  of  the  European  fisheries  sector  and  of 
consumers by negotiating and concluding fisheries partnership agreements with coastal states 
(third countries), in consistency with other European policies.  

ABM/ABB activity(ies) concerned 

Maritime affairs and fisheries, international fisheries and law of the sea, international fisheries 
agreements (budget line 11.0301) 

1.4.3.  Expected result(s) and impact 

Specify 
beneficiaries/groups targeted. 

the  effects  which 

the  proposal/initiative 

is  expected 

to  have  on 

the 

The conclusion of the Fisheries Protocol between the EU and Mozambique will help maintain 
the current level of fishing opportunities for European vessels in Mozambique waters for the 
period  2012-2014  ,  particularly  as  regards  the  tuna  fleet.  The  Protocol  will  help  maintain 
continuity in the fishing zones covered by agreements in the Indian Ocean. The Protocol will 
also contribute to better management and conservation of fishery resources, through financial 
support (sectoral support) for the implementation of the annual and multiannual programmes 
adopted at national level by the partner country.  

1.4.4. 

Indicators of results and impact 

Specify the indicators for monitoring implementation of the proposal/initiative.  

The following indicators will be used in the context of ABM (activity-based management) for 
the purposes of monitoring implementation of the Agreement:  

-  monitoring  the  annual  rate  of  utilisation  of  fishing  opportunities  (annual  uptake  of  fishing 
authorisations as a percentage of availability under the Protocol); 

-  gathering  and  analysing  data  on  catches  and  the  commercial  value  of  the  Agreement  In 
aggregate  with  other  fisheries  partnership  agreements  concluded  by  the  EU  with  third 
countries, the following indicators may be used as part of a multiannual analysis: 

- contribution to employment and to added value in the EU; 

- contribution to stabilising the EU market; 

Furthermore, the following monitoring indicator is also proposed: 

10 

p.m.:  In  the  activity  statements  drawn  up  for  the  2011  budget,  this  is  specific  objective  No  2;  Please  refer  to: 
http://www.cc.cec/budg/bud/proc/adopt/_doc/_pdf/2011/mare.pdf 

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- number of technical meetings and Joint Committee meetings. 

1.5. 

Grounds for the proposal/initiative 

1.5.1.  Requirement(s) to be met in the short or long term 

The new Protocol covers the period from 1 January 2012to 31 December 2014. It will provide 
a  framework  for  the  fishing  activities  of  the  European  fleet  and  will,  in  particular,  allow 
shipowners to continue to obtain fishing authorisations in the Mozambique fishing zone . 

In addition, one of the objectives of the new Protocol is to strengthen the cooperation between 
the EU and Mozambique on promoting the development of a sustainable fisheries policy and 
the rational exploitation of fishery resources in the Mozambique fishing zone.  

The  contribution  allocated  to  this  end  under  the  previous  protocol  has  been  used  in  full  and 
was even insufficient to meet requirements in this area, particularly as regards the monitoring 
and  surveillance  of  fishing  activities  in  the  Mozambique  fishing  zoneThe  amount  allocated 
under the new protocol to assist the fishing sector is greater, at EUR 460 000. 

The main elements of the new Protocol are: 

- 
Fishing  opportunities:  43  tuna  seiners  and  32  surface  longliners  vessels  will  be 
authorised to fish, with an annual reference tonnage of 8 000 tonnes. The allocation of these 
fishing  opportunities  among  the  Member  States  concerned  is  the  subject  of  a  proposal  for  a 
specific Council Regulation.  

- 

Annual financial contribution: EUR 980 000 

Advances  and  fees  payable  by  shipowners11:  EUR 35  per  tonne  of  tuna  caught  in  the 
Mozambique  fishing  area  by  seiners  and  surface  longliners.  The  annual  advances  are  set  at 
EUR 5 100 per tuna seiner, EUR 4 100 per longliner of more than 250 GT and EUR 2 500 per 
longliner of less than 250 GT.  

1.5.2.  Added value of EU involvement 

As  regards  this  new  Protocol,  failure  to  act  by  the  EU  would  allow  private  agreements  to 
spring  up  which  would  not  guarantee  sustainable  fisheries.  The  European  Union  also  hopes 
that,  with  this  Protocol,  Mozambique  will  continue  to  cooperate  effectively  with  the  EU  in 
regional  bodies  such  as  the  Indian  Ocean  Tuna  Commission  (IOTC)  and  the  Indian  Ocean 
Commission (IOC). The funds available will also allow Mozambique to continue its strategic 
planning efforts for the implementation of its fisheries policies and to strengthen its capacity 
for  combating  IUU  fishing,  in  particular  by  improving  its  infrastructure  for  monitoring  and 
controlling fishing activities in its fishing zone. 

The Fisheries Agreement also provides employment for seamen from the European Union and 
Mozambique.  It  will  also  generate  economic  activity  in  ports  in  Mozambique  which  will  be 

11 

Advances and fees payable by ship-owners have no impact on the Community budget. 

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used by EU shipowners for the pre-fishing inspections, according to mozambican fishery law, 
and to carry out repairs on their ships.  

1.5.3.  Lessons learned from similar experiences in the past 

A  thorough  evaluation  was  carried  out  on  the  Protocol  for  2006-11,  finalised  in  June  2011, 
with  the  assistance  of  a  consortium  of  independent  consultants,  with  a  view  to  the  possible 
launch of negotiations on a new Protocol.  

The ex-ante evaluation identified the following points of interest for the EU: 

- 

- 

By meeting the needs of the European fleets, the fisheries agreement with Mozambique 
could help support the viability of the EU tuna industry in the Indian Ocean. 

The  Protocol  is  deemed  to  be  capable  of  contributing  to  the  viability  of  European 
industries by offering European Union vessels and the industries which depend on them 
a stable legal environment and medium-term visibility.  

As regards the interests of Mozambique in the context of the Protocol, the conclusions of the 
evaluation were: 

– 

– 

The  Fisheries  Agreement  can  help  strengthen  institutional  capacities  in  the  fisheries 
sector by improving research, and monitoring, control and surveillance (MCS) activities, 
as well as training and the viability of the small-scale fishing sector. 

The  Fisheries  Agreement  will  also  have  an  impact  on  the  country’s  budgetary  and 
political stability. 

In  addition  to  the  direct  commercial  value  of  the  catches  for  the  vessels  involved,  the 
agreement could yield the following manifest benefits: 

- 

- 

- 

- 

guaranteed jobs on board fishing vessels; 

multiplier effect on employment in ports, shipyards, service enterprises, etc.; 

location of these jobs in regions where there are no other employment possibilities; 

contribution to the supply of fish in the EU. 

1.5.4.  Coherence and possible synergy with other relevant financial instruments 

Funds  paid  out  under  fisheries  partnership  agreements  constitute  fungible  revenue  in  the 
budgets  of  the  third-country  partners.  However,  allocating  some  of  those  funds  for 
implementing  measures  as  part  of  the  country’s  sectoral  policy  is  a  condition  for  the 
conclusion  and  monitoring  of  FPAs.  These  financial  resources  are  compatible  with  other 
funds. 
sources  of 

international  donors, 

from  other 

the  EDF 

including 

funding 

EN 

43 

   EN 

 
1.6. 

Duration and financial impact 

X 

Proposal/initiative of limited duration 

X 
Proposal/initiative  in  force  for  a  period  of  three  years  from  1  January  2012  ,  the  date 
from which the Protocol applies on a provisional basis pursuant to the Council Decision on the 
signing,  on  behalf  of  the  European  Union,  and  the  provisional  application  of  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. 

X 

Financial impact from 2012 to 2014 

(cid:133) Proposal/initiative of unlimited duration 

–  Implementation with a start-up period from [YYYY] to [YYYY], 

–  followed by full-scale operation. 

1.7.  Management mode(s) envisaged12 

X Centralised direct management by the Commission 

(cid:133) Centralised indirect management with the delegation of implementation tasks to: 

–  (cid:133)  executive agencies 

–  (cid:133)  bodies set up by the Communities13 

–  (cid:133)  national public-sector bodies/bodies with a public-service mission 

–  (cid:133)  persons entrusted with the implementation of specific actions pursuant to Title V of the 
Treaty  on  European  Union  and  identified  in  the  relevant  basic  act  within  the  meaning  of 
Article 49 of the Financial Regulation 

(cid:133) Shared management with the Member States 

(cid:133) Decentralised management with third countries 

(cid:133) Joint management with international organisations (to be specified) 

If  more  than  one  management  mode  is  indicated,  please  provide  details  in  the  ‘Comments’ 
section. 

12 

13 

Details  of  management  modes  and  references  to  the  Financial  Regulation  may  be  found  on  the  BudgWeb  site: 
http://www.cc.cec/budg/man/budgmanag/budgmanag_en.html  
As referred to in Article 185 of the Financial Regulation. 

EN 

44 

   EN 

 
                                                 
Comments 

[…] 

EN 

45 

   EN 

 
2. 

MANAGEMENT MEASURES 

2.1.  Monitoring and reporting rules 

Specify frequency and conditions. 

The Commission (DG MARE, in collaboration with its fisheries counsellor in Mauritius and 
the  European  Union’s  Delegation  to  Mozambique)  will  ensure  regular  monitoring  of  the 
implementation of this Protocol, particularly as regards operators’ use of fishing opportunities 
and in terms of catch data.  

Furthermore, the Fisheries Partnership Agreement provides for at least one annual meeting of 
the Joint Committee, at which the Commission and the Member States concerned meet with 
the third country to review the implementation of the Agreement and the Protocol thereto. 

As regards the implementation of sectoral support, the Protocol stipulates that, each year, the 
two  Parties  must  evaluate  the  progress  made  in  implementing  the  multiannual  sectoral 
programme.  The  Protocol  provides  for  a  possible  adjustment  of  the  financial  contribution 
allocated to sectoral support if this evaluation reveals that the financed objectives are not being 
satisfactorily achieved.  

2.2.  Management and control system 

2.2.1.  Risk(s) identified 

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-programming).  

2.2.2.  Control method(s) envisaged 

To  avoid  the  risks  mentioned  in  the  previous  point,  extensive  dialogue  is  planned  on  the 
programming and implementation of the sectoral policy. Joint analysis of progress, as referred 
to in paragraph 2.1, also forms part of these control methods. 

In addition, the Protocol contains specific clauses for its suspension, on certain conditions and 
in given circumstances. 

2.3. 

Measures to prevent fraud and irregularities 

Specify existing or envisaged prevention and protection measures. 

The  use  to  which  the  financial  contribution  paid  by  the  EU  under  the  Agreement  is  put  is 
entirely  at  the  discretion  of  the  sovereign  third  country  concerned.  Nevertheless,  the 
Commission undertakes to try to establish permanent political dialogue and cooperation with a 
view to improving the management of the Agreement and strengthening the EU’s contribution 
to the sustainable management of resources. In any case, any payment which the Commission 
makes under a fisheries agreement is subject to the Commission's 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. For this particular 

EN 

46 

   EN 

 
Protocol, Article 2 stipulates that the entire financial contribution must be paid into a Public 
Treasury account opened with a financial institution specified by the Mozambique authorities. 

EN 

47 

   EN 

 
3. 

3.1. 

ESTIMATED FINANCIAL IMPACT OF THE PROPOSAL/INITIATIVE 

Heading(s)  of  the  multiannual  financial  framework  and  expenditure  budget  line(s) 
affected 

•  Existing expenditure budget lines 

In order of multiannual financial framework headings and budget lines. 

Budget line: 

Type 
expenditure 

of

Contribution 

Heading  of 
multiannual 
financial 
framework  Number  

[Description…...] 

DA/NDA14 

from 
EFTA 
countries
15 

from 
candidate 
countries
16 

from 
third 
countries 

the 
of 

within 
meaning 
Article 
18(1)(aa) 
of 
the  Financial 
Regulation 

2 

11.0301 

International 
agreements 

11.010404 

International 
agreements  – 
expenditure 

fisheries 

DA 

NDA 

fisheries 
administrative 

•  New budget lines requested  

(not applicable) 

NO 

NO 

NO 

NO 

In order of multiannual financial framework headings and budget lines. 

Budget line: 

Heading  of 
multiannual 
financial 
framework  Number  

[Description…...] 

Type 
expenditure 

of

Contribution 

DA/NDA 

from 
EFTA 
countries 

from 
candidate 
countries 

from 
third 
countries 

the 
of 

within 
meaning 
Article 
18(1)(aa)  of  the 

14 
15 
16 

DA= Differentiated appropriations / NDA= Non-differentiated appropriations. 
EFTA: European Free Trade Association. 
Candidate countries and, where applicable, potential candidate countries from the Western Balkans. 

EN 

48 

   EN 

 
 
                                                 
[XX.YY.YY.YY] 

[…] 

[…] 

[…] 

YES/NO  YES/NO  YES/NO  YES/NO 

Financial 
Regulation 

EN 

49 

   EN 

 
3.2. 

Estimated impact on expenditure 

3.2.1. 

Summary of estimated impact on expenditure 

Heading of multiannual financial framework:  

2 

Preservation and management of natural resources 

EUR million (to four decimal places) 

DG: MARE 

(cid:121) Operational appropriations 

Number of budget line: 11.0301 

Number of budget line:  

Appropriations 

(cid:121) 
 from the envelope of specific programmes18 

an 

of 

order 

insert as many columns as necessary 
reflect 
in 
the duration of the impact (see point 
1.6) 

to 

Year 
N17 
(2012)  

Year 
N+1 
(2013) 

Year 
N+2 
(2014) 

Year 
N+3 

0.980 

0.980 

0.980 

0.980 

0.980 

0.980 

Commitments 

Payments 

Commitments 

Payments 

(1) 

(2) 

(1a) 

(2a) 

administrative 

nature 

financed

Number of budget line: 11.010404 

(3) 

0.021 

0.021 

0.081 

TOTAL 
for DG MARE 

appropriations 

Commitments 

=1+1a 
+3 

1.001 

1.001 

1.061 

Payments 

=2+2a 

1.001 

1.001 

1.061 

TOTAL 

2.940 

2.940 

0.123 

3.063 

3.063 

17 
18 

EN 

Year N is the year in which implementation of the proposal/initiative starts.  
Technical and/or administrative assistance and expenditure in support of the implementation of EU programmes and/or actions (former ‘BA’ lines), indirect research, direct 
research. 

50 

E

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
(cid:121) TOTAL operational appropriations19 

+3 

(4) 

(5) 

Commitments 

Payments 

0.980 

0.980 

0.980 

0.980 

0.980 

0.980 

(cid:121)  TOTAL 
appropriations 
an 
 from the envelope of specific programmes 

of 

administrative 

nature 

financed

(6) 

0.021 

0.021 

0.081 

TOTAL 
under HEADING 2 

of the multiannual financial framework 

appropriations 

Commitments 

=4+ 6 

1.001 

1.001 

1.081 

Payments 

=5+ 6 

1.001 

1.001 

1.081 

If more than one heading is affected by the proposal/initiative: (not applicable) 

(cid:121) TOTAL operational appropriations 

Commitments 

Payments 

(cid:121)  TOTAL  appropriations  of  an  administrative  nature 
financed from the envelope of specific programmes 

TOTAL 
under 
of 
the 
(Reference amount) 

HEADINGS 
multiannual 

1 
financial 

appropriations  
4 
to 
framework  

Commitments 

Payments 

(4) 

(5) 

(6) 

=4+ 6 

=5+ 6 

2.940 

2.940 

0.123 

3.083 

3.083 

19 

The financial contribution comprises: a) EUR 520 000 per year, equivalent to an annual reference tonnage of 8 000 tonnes, and b) EUR 460 000 per year, corresponding to 
support for the development of the sectoral fisheries policy of the Republic of Mozambique. Where the annual quantity caught exceeds 8 000 tonnes, the amount of the 
annual financial contribution will be increased by EUR 65 for each additional tonne caught. However, the total annual amount paid by the EU may not exceed EUR 1 040 
000 per year (see Article 2(4) of the Protocol). 

EN 

51 

E

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
Heading of multiannual financial framework:  

5 

‘Administrative expenditure’ 

EUR million (to three decimal places) 

order 

insert as many columns as necessary 
reflect
in 
the duration of the impact (see point 
1.6) 

to 

DG: MARE 

(cid:121) Human resources 

(cid:121) Other administrative expenditure21 

Year 
N (2012) 

Year 
N+1 
(2013) 

Year 
N+2 
(2014) 

Year 
N+320 
(2015)  

0.064 

0.064 

0.064 

0.010 

0.010 

0.010 

TOTAL DG MARE 

Appropriations 

0.074 

0.074 

0.074 

TOTAL 
under 
of the multiannual financial framework 

HEADING 

appropriations 
5 

(Total  commitments  =  Total 
payments) 

0.074 

0.074 

0.074 

EUR million (to three decimal places) 

Year 
N22 

Year 
N+1 

Year 
N+2 

Year 
N+3 

appropriations   Commitments 

1.075 

1.075 

1.155 

order 

insert as many columns as necessary 
in 
reflect
the duration of the impact (see point 
1.6) 

to 

TOTAL 

0.192 

0.030 

0.222 

0.222 

TOTAL 

3.305 

TOTAL 

20 
21 
22 

EN 

Administrative expenses are spread over three budget years, given that the protocol covers the period January 2012-December 2014.  
Estimated costs for on-the-spot monitoring missions. 
Year N is the year in which implementation of the proposal/initiative starts. 

52 

E

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
under 
HEADINGS 
of the multiannual financial framework 

1 

to 

5 

Payments 

1.075 

1.075 

1.155 

3.305 

EN 

53 

E

 
  
 
 
 
 
3.2.2.  Estimated impact on operational appropriations 

–  (cid:133)  The proposal/initiative does not require the use of operational appropriations 

–  X  The proposal/initiative requires the use of operational appropriations, as explained below: 

Commitment appropriations in EUR million (to four decimal places) 

Indicate 

objectives 
outputs 

and 

OUTPUTS 

(cid:216) 

Type 
of 
output
23 

Averag
e  cost 
of 
the 
output 

SPECIFIC OBJECTIVE NO 124 

Year 
N (2012) 

Year 
N+1 (2013) 

Year 
N+2 (2014) 

Year 
N+3 

… insert as  many  columns as necessary in order to 
reflect the duration of the impact (see point 1.6) 

TOTAL 

Numbe
r 
of 
outputs 

Total 
cost 

Numbe
r 
of 
outputs 

Total 
cost 

Numbe
r 
of 
outputs 

Total 
cost 

Number 
of outputs 

Total 
cost 

Num
ber 
of 
outp
uts 

Total 
cost 

Nu
mb
er 
of 
out
put
s 

Total 
cost 

Num
ber 
of 
outp
uts 

Total 
cost 

Numbe
r 
of 
outputs
Total 
Numbe
r 
of 
outputs 

Total cost 

Tuna catches 

Ref 
tonna
ge 

65 €/t  

8000 t  

 0.520 

8 000 t  

0.520 

8 000 t  

0.520 

Sectoral support 

0.460 

1 

0.460 

1 

0.460 

1 

0.460 

Sub-total for specific objective No 1 

0.980 

0.980 

0.980 

24  000 
t 

1.560 

1.380 

2.940 

23 
24 

Outputs are products and services to be supplied (e.g. number of student exchanges financed, number of km of roads built, etc.). 
As described in Section 1.4.2. ‘Specific objective(s)’ 

EN 

54 

E

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
SPECIFIC OBJECTIVE NO 2 ... 

Output 

Sub-total for specific objective No 2 

TOTAL COST 

0.980 

0.980 

0.980 

2.940 

EN 

55 

E

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
3.2.3.  Estimated impact on appropriations of an administrative nature 

3.2.3.1.  Summary 

–  (cid:133)  The proposal/initiative does not require the use of administrative appropriations 

–  X  The  proposal/initiative  requires  the  use  of  administrative  appropriations,  as  explained 

below: 

EUR million (to three decimal places) 

Year 
N25 (2012)  

Year 
N+1 (2013) 

Year 
N+2 (2014) 

Year 
N+3 

insert  as  many  columns  as  necessary  in  order 
to 
reflect 
the duration of the impact (see point 1.6) 

TOTAL 

HEADING 
of 
the 
financial framework 

5 
multiannual 

Human resources 

0.064 

0.064 

0.064 

0.010 

0.010 

0.010 

0.074 

0.074 

0.074 

Other 
expenditure26 

administrative 

Subtotal  HEADING 
of 
the 
financial framework 

5 
multiannual 

Outside  HEADING  5  of 
the  multiannual  financial 
framework27 

Human resources 

0.016 

0.016 

0.016 

Other  expenditure  of  an 
administrative nature28 

0.005 

0.005 

0.065 

Subtotal  
outside  HEADING 
of 

5 
multiannual 

the 

0.021 

0.021 

0.081 

0.192 

0.030 

0.222 

0.048 

0.075 

0.123 

25 
26 
27 

28 

Year N is the year in which implementation of the proposal/initiative starts. 
Estimated costs for on-the-spot monitoring missions by personnel of headquarters. 
Technical  and/or  administrative  assistance  and  expenditure  in  support  of the  implementation  of  EU  programmes 
and/or actions (former ‘BA’ lines), indirect research, direct research. 
Estimated  costs  for  on-the-spot  monitoring  missions  by  personnel  in  delegation.  The  2014  amount  includes  a 
provision for an ex-post evaluation of the Protocol. 

EN 

56 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
financial framework 

TOTAL 

0.085 

0.085 

0.155 

0.345 

EN 

57 

   EN 

 
 
 
 
 
 
3.2.3.2.  Estimated requirements of human resources 

–  (cid:133)  The proposal/initiative does not require the use of human resources 

–  X  The proposal/initiative requires the use of human resources, as explained below: 

Estimate to be expressed in full amounts (or at most to one decimal place) 

Year 
N 

(2012)  

Year 
N+1  

(2013) 

Year 
N+2  

Year 
N+3 

(2014) 

(2015) 

Enter  as  many  years  as 
show
necessary 
the  duration  of 
the 
impact (see point 1.6) 

to 

(cid:121) Establishment plan posts (officials and temporary agents) 

XX  01  01  01  (Headquarters  and  Commission’s 
Representation Offices) 

0.051 

0.051 

0.051 

XX 01 01 02 (Delegations) 

XX 01 05 01 (Indirect research) 

10 01 05 01 (Direct research) 

0 

0 

(cid:121) External personnel (in full-time equivalent – FTE)29

XX  01  02  01  (CA,  INT,  SNE  from  the  ‘global 
envelope’) 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

XX 01 02 02 (CA, INT, JED, LA and SNE in the 
delegations) 

0.013 

0.013 

0.013 

XX 01 04 yy30  

at Headquarters31 

- in delegations 

XX 01 05 02 (CA, INT, SNE - Indirect research) 

10 01 05 02 (CA, INT, SNE - Direct research) 

29 

30 
31 

CA=  Contract  Agent;  INT=  agency  staff  (‘Intérimaire’);  JED=  ‘Jeune  Expert  en  Délégation’  (Young  Experts  in 
Delegations); LA= Local Agent; SNE= Seconded National Expert. 
Sub-ceiling for external staff under operational appropriations (former ‘BA’ lines). 
For Structural Funds, European Agricultural Fund for Rural Development (EAFRD) and European Fisheries Fund 
(EFF). 

EN 

58 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
11  01  04  04  (CA,  responsible  for  monitoring 
implementation of sectoral support) 

0.016 

0.016 

0.016 

TOTAL 

0.080 

0.080 

0.080 

XX is the policy area or budget title concerned. 

The  human  resources  required  will  be  met  by  staff  from  the  DG  who  are  already  assigned  to  management  of  the  action  and/or  have  been 
redeployed within the DG, together if necessary with any additional allocation which may be granted to the managing DG under the annual 
allocation procedure and in the light of budgetary constraints. 

EN 

59 

   EN 

 
 
 
 
 
 
 
Human resources estimate: 

Officials and temporary agents  1  desk  officer  from  DG  MARE  +  HoU/deputy  HoU  +  secretariat: 

overall estimate of 0.4 people/year 

External personnel 

Non-Heading 5 staff  

Calculation  of  costs:  0.4  people/year  x  EUR 127 000/year  = 
EUR 50 800 => 0.051 M EUR 

1 LA at a delegation (Mozambique), with responsibility for monitoring 
the  Mozambique 
fishing  authorisations  submitted 
authorities: overall estimate of 0.2 people/year 

to/issued  by 

Calculation of costs: 0.2 people/year x EUR 64 000/year = EUR 12 800 
=> 0.013 M EUR  

1 CA fisheries attaché assigned to the Mauritius Delegation responsible 
for monitoring implementation of the sectoral support estimated overall 
at 0.25 people/year 

Calculation  of  costs:  0.25  people/year  x  EUR 64 000/year  = 
EUR 16 000 => 0.016 M EUR 

Calculation of total human resources per year: EUR 50 800 + EUR 12 800 + EUR 16 000 = EUR 79 
600 => EUR 0.0796 million 

Description of tasks to be carried out: 

- 

Assisting  the  negotiator  with  preparing  and  concluding  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; 

preparing and checking the commitment and payment of the financial contribution 
and of any specific supplementary contributions; 

regular reporting on the implementation of agreements; 

EN 

60 

   EN 

 
- 

- 

- 

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. 

- 

Interinstitutional relations: 

- 

- 

representing the Commission before the Council, the European Parliament and the 
Member States in the negotiation process; 

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

- 

Interdepartmental consultation and coordination: 

- 

- 

liaising with 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 objectives achieved and evaluation indicators. 

EN 

61 

   EN 

 
3.2.4.  Compatibility with the current multiannual financial framework 

–  x  Proposal/initiatives compatible with the current multiannual financial framework. 

–  (cid:133)  Proposal/initiative will entail reprogramming of the relevant heading in the multiannual 

financial framework. 

Explain  what  reprogramming  is  required,  specifying  the  budget  lines  concerned  and  the 
corresponding amounts. 

[…] 

–  (cid:133)  Proposal/initiative  requires  application  of  the  flexibility  instrument  or  revision  of  the 

multiannual financial framework32. 

Explain  what  is  required,  specifying  the  headings  and  budget  lines  concerned  and  the 
corresponding amounts. 

[…] 

3.2.5.  Third-party contributions 

–  X The proposal/initiative does not provide for co-financing by third parties 

–  The proposal/initiative provides for the co-financing estimated below: 

Appropriations in EUR million (to three decimal places) 

Year 
N 

Year 
N+1 

Year 
N+2 

Year 
N+3 

Enter  as  many  years  as 
necessary 
the 
to 
duration  of  the  impact  (see 
point 1.6) 

show 

Total 

the 

Specify 
co-financing 
body/source 

TOTAL 
appropriations 
co-financed 

32 

See points 19 and 24 of the Interinstitutional Agreement. 

EN 

62 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
3.3. 

Estimated impact on revenue 

–  X  Proposal/initiative has no financial impact on revenue. 

–  (cid:133)  Proposal/initiative has the following financial impact: 

(cid:133) 

(cid:133) 

on own resources 

on miscellaneous revenue 

EUR million (to three decimal places) 

Impact of the proposal/initiative33 

Year N 

Year 
N+1 

Year 
N+2 

Year 
N+3 

…  insert  as  many  columns  as 
necessary in order to reflect the 
duration  of  the  impact  (see 
point 1.6) 

Appropriat
ions 
available 
for 
ongoing 
budget 
exercise 

the 

Budget 
line: 

revenue 

Article …. 

For  miscellaneous  ‘assigned’  revenue,  specify  the  budget  expenditure  line(s) 
affected. 

[…] 

Specify the method for calculating the impact on revenue. 

[…] 

33 

As regards traditional own resources (customs duties, sugar levies), the amounts indicated must be net 
amounts, i.e. gross amounts after deduction of 25% for collection costs. 

EN 

63 

   EN