CELEX: 51987PC0087
Language: en
Date: 1987-03-06
Title: Proposal for a COUNCIL DECISION concerning the conclusion of an Agreement in the form of an exchange of letters concerning the provisional application of the Agreement between the European Economic Community and the Government of the People's Republic of Mozambique on fisheries relations#Proposal for a COUNCIL REGULATION (EEC) concerning the conclusion of the Agreement between the European Economic Community and the Government of the People's Republic of Mozambique on fisheries relations#(presented by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (87) 87
Vol. 1987/0038
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983 concernant
l'ouverture au public des archives historiques de la Communauté économique européenne et de
la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983, p. 1) modifié en dernier
lieu par le règlement (UE) 2015/496 du Conseil du 17 mars 2015 (JO L79 du 25. 3.2015, p. 1), ce
dossier est ouvert au public. Le cas échéant, les documents classifiés présents dans ce dossier
ont été déclassifiés conformément à l'article 5 dudit règlement ou sont considérés déclassifiés
conformément aux articles 26(3) et 59(2) de la décision (UE, Euratom) 2015/444 de la
Commission du 13 mars 2015 concernant les règles de sécurité aux fins de la protection des
informations classifiées de l'Union européenne.
In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983 concerning
the opening to the public of the historical archives of the European Economic Community and the
European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as last amended by Council
Regulation (EU) 2015/496 of 17 March 2015 (OJ L 79, 27.3.2015, p. 1), this file is open to the
public. Where necessary, classified documents in this file have been declassified in conformity
with Article 5 of the aforementioned regulation or are considered declassified in conformity with
Articles (26.3) and 59(2) of the Commission Decision (EU, Euratom) 2015/444 of 13 March 2015
on the security rules for protecting EU classified information.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1. Februar
1983 über die Freigabe der historischen Archive der Europäischen Wirtschaftsgemeinschaft und
der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983, S. 1), zuletzt geändert durch die
Verordnung (EU) Nr. 2015/496 vom 17. März 2015 (ABI. L 79 vom 25.3.2015, S. 1), ist dieser Akt
der Öffentlichkeit zugänglich. Soweit erforderlich, wurden die Verschlusssachen in diesem Akt in
Übereinstimmung mit Artikel 5 der genannten Verordnung freigegeben; beziehungsweise werden
sie auf Grundlage von Artikel 26(3) und 59(2) der Entscheidung der Kommission (EU, Euratom)
2015/444 vom      13.   März 2015     über die   Sicherheitsvorschriften für den Schutz von  EU-
Verschlusssachen als herabgestuft angesehen.
 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                       COM(87 ) 87 final
                                                       Brussels , 6 March 1987
                                   Proposai for a
                                 COUNCIL DECISION
 concerning the conclusion of an Agreement in the form of an exchange of
  letters concerning the provisional application of the Agreement between
    the European Economic Community and the Government of the People 's
                Republic of Mozambique on fisheries relations
                                   Proposal for a
                             COUNCIL REGULATION   ( EEC )
 concerning the conclusion of the Agreement between the European Economic
    Community and the Government of the People 's Republic of Mozambique
                              on fisheries relations
                         ( presented by the Commission )
                  /
                /:■
                 V
C0MC87 ) 87 final \
 ---pagebreak---                               EXPLANATORY MEMORANDUM
In view of the existing fisheries agreements between Portugal and Mozambique
and between Spain and Mozambique , and in view of the fact that the latter
expired on 31 December 1986 , and taking into account the growing interest of
Community fishing fleets in fishing activities in the Indian Ocean ,
negotiations between the Community and Mozambique took place in Brussels from
8 to 11 December 1986 with a view to drawing up a fisheries agreement to
replace the bilateral agreements referred to above .
These negotiations were successful and a fisheries agreement between the
European Economic Community and Mozambique was initialled in Brussels on 11
December 1986 .
The Agreement takes account of the interests of the enlarged Community and
provides for the following fishing opportunities for three years :
- ocean-going freezer tuna vessels                40 vessels
- deep-water shrimp trawlers                      1 100 6RT
- deep-water and inshore                          3 700 GRT
  shrimp trawlers
In order to protect limited shrimp stocks , a ceiling of 1 000 tonnes for
deep-water shrimp and 1 500 tonnes for inshore shrimp , valid for the first
year , has been stipulated in the Agreement .
The EEC will pay a basic 2 300 000 ECU / year in financial compensation .      If
more than 18 000 tonnes of tuna is fished during the application period of the
Protocol , the financial compensation will be increased by 50 ECU / tonne of tuna
caught . In addition , there will be a financial contribution from shipowners ,
based on catch in the case of tuna vessels ( 20 ECU / tonne caught ) and a flat
rate in the case of shrimp trawlers ( 151 ECU / GRT for deep-water shrimp
trawlers and 266 ECU / GRT for inshore and deep-water trawlers ).
 ---pagebreak---                                                                                 L
Financial compensation will also include a Community contribution of 600 000
ECU over three years towards the financing of scientific and technical
programmes .
In order to avoid interrupting the fishing activities of Community vessels ,
the two delegations initialled an exchange of letters providing for
provisional implementation of the new Agreement from 1 January 1987 .
In the light of the foregoing ,   the Commission recommends that ,   as soon as
possible , the Council :
1 . conclude the Agreement in the form of an exchange of letters on the
provisional implementation of the Agreement between the European Economic
Community and the Government of the People 's Republic of Mozambique by
adopting the Decision attached hereto ;
2 . conclude the fisheries Agreement between the European Economic Community
and the Government of the People 's Republic of Mozambique by adopting the
Regulation attached hereto .
 ---pagebreak---                                    PROPOSAL FOR A
                             COUNCIL DECISION
 Concerning the conclusion of an Agreement in the form of an exchange of letters
 concerning the provisional application of the Agreement between the European Economic
 Community and the Government of the People 's Republic of Mozambique on fisheries
 relations .
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard the Treaty establishing the European Economic Community ,
Having regard to the Act of Accession of Spain and Portugal , and in particular
Articles 167 ( 3 ) and 354 ( 3 ) thereof ,
Having regard to the proposal from the Commission ,
Whereas the Community and the People 's Republic of Mozambique have negotiated
and initialled an agreement concerning on fisheries relations which guarantees
fishing opportunities for fishermen of the enlarged Community in the waters
over which Mozambique has sovereignty of jurisdiction was initialled on 11 December
1986 ;
Whereas , in order to maintain without interruption the fishing activities of
the vessels of the enlarged Community , the two parties also initialled an
exchange of letters providing for the provisional implementation of the
Agreement from 1 January 1987 ; whereas it is therefore imperative to conclude
this exchange of letters as soon as possible pending the conclusion of the
Agreement on the basis of Article 43 of the Treaty ,
 ---pagebreak---                                                                                ч
HAS DECIDED AS FOLLOWS :
                                    Article 1
The Agreement in the form of an exchange of letters concerning the provisional
implementation of the Agreement between the European Economic Community and
the Government of the People 's Republic of Mozambique on fisheries
  relations   is hereby approved on behalf of the Community .
The text of the Agreement is attached to this Decision .
                                    Article 2
The President of the Council is hereby authorized to designate the persons
empowered to sign the Agreement in the form of an exchange of letters in order
to bind the Community .
                                                       For the Council
                                                         The President
 ---pagebreak---                                     PROPOSAL FOR A
                              COUNCIL REGULATION
concerning the conclusion of the Agreement between the European Economic
Community and the Government of the People 's Republic of Mozambique on
fisheries relations .
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Community , and
in particular Article 43 thereof ,
Having regard to the proposal from the Commission ,
Having regard to the opinion of the European Parliament , ( 1 )
Whereas the Community and Mozambique have negotiated and initialled an Agreement
on fisheries relations which guarantees fishing opportunities for Community
fishermen in waters over which Mozambique has sovereignty or jurisdiction ;
Whereas it is in the Community 's interest to conclude this Agreement ,
HAS ADOPTED THIS REGULATION :
                                Article 1
The Agreement on fisheries between the European Economic Community and the
Government of the People 's Republic of Mozambique is hereby approved on
behalf of the Community .
The text of the Agreement is attached to this Regulation .
 ---pagebreak---                                 Artide 2
The President of the Council is hereby authorized to designate the persons
empowered to sign the Agreement .
                                Article 3
This Regulation shall enter into force on the third day following its
publication in the Official Journal of the European Communities .
This Regulation shall apply as from de date of signature of the Agreement in
conformity with Article 16 of the Agreement .
This Regulation shall be binding in its entirety and directly applicable in
all Member States .
Done at Brussels ,                                 For the Council
                                                    The President
 ---pagebreak---                                                                               t
                                   ACREEMENT
                 between the European Economic Community and
              the Government of People 's Republic of Mozambique
                            on fisheries relations
THE EUROPEAN ECONOMIC COMMUNITY , hereinafter referred to as " the
Community ", and
THE GOVERNMENT OF THE PEOPLE 'S REPUBLIC OE MOZAMBIQUE , hereinafter referred
to as " Mozambique ",
Considering the spirit of cooperation resulting from the Lome Convention
and the good cooperation relations which exist between the Community and
Mozambique ;
Recognising the importance of the rational conservation , management and
exploitation of the marine resources ;
Recalling that , in particular in respect of sea fishing , Mozambique
exercises its sovereignty or jurisdiction over a zone extending up to 2UD
nautical miles from its coast ,
Taking into account the signature by both Parties of the United Nations
Convention on the Law of the Sea ;
Affirming that the exercise by coastal States of their sovereign rights in
the waters within their jurisdiction for the purpose of explorinq ,
exploiting , conserving and managing the living resources thereof must be in
accordance with the principles of international law ;
Inspired by the will to develop and intensify mutually advantageous
cooperation in the field of fisheries ;
Determined to conduct their relations in a spirit of mutual trust and
respect for each other 's interests in the sphere of sea fishing ;
 ---pagebreak---                                                                             2
 Desirous of establishing the terms and conditions governing fishing
 activities of common interest to both parties ;
 HAVE AGREED AS FOLLOWS :
                                   Article 1
The purpose of this Agreement is to establish the principles and rules
which will in future govern , in all respects , the fisheries relations
between the Community and Mozambique including fishing of vessels flying
 the flags of a Member State of the Community , hereinafter referred to as
" Community vessels ", in the waters over which Mozambique has sovereignty or
jurisdiction in respect of fisheries in accordance with the provisions of
the United Nations Convention on the law of the sea and other rules of
international law , hereinafter referred to as " Mozambique 's waters!'
                                   Article 2
1 . Mozambique shall permit fishing by Community vessels in Mozambique 's
waters in accordance with this Agreement .
2 . The fishing activities under this Agreement shall be subject to the laws
of Mozambique .
                                   Article 3
1 . The Community undertakes to take all appropriate steps to ensure that
its vessels observe the provisions of this Agreement and the laws relating
to fishing in Mozambique waters consistent with the provisions of the
United Nations Convention on the law of the sea and other rules of
international law .
2 . The authorities of Mozambique shall notify the Commission of the
European Communities of any change to the said laws .
3 . The measures taken by Mozambican authorities to regulate fisheries for
the purpose of conservation shall be based on objective and scientific
criteria and shall apply equally to Community and other third country
vessels without prejudice to special arrangements between developing states
within the same geographical area , including reciprocal fishing
arrangements .
 ---pagebreak---                                    Artide 4
1 . Fishing activities by Community vessels in Mozambique 's waters under the
present agreement shall be subject to possession of a Fishing licence
issued at the Community 's request by the authorities oF Mozambique .
2 . The authorities oF Mozambique will issue Fishing licences within the
limits laid down in the Protocol reFerred to in Article 8 oF this
Agreement .
3 . Licences shall be valid in the zones deFined In the Annex .
4 . Licences shall be valid , at the request oF the shipowner , For periods
deFined in the annex .
3 . A licence shall be issued For a given vessel and shall not be
transFerable .
6 . At the request oF the Community a vessel 's Fishing licence may , and in
the case oF Force majeure will , be replaced by a licence For another vessel
oF which the Fishing capacity does not exceed that oF the vessel to be
replaced .
                                   Article 5
1 . Fishing licences shall be issued by the authorities oF Mozambique
subject to payment oF a Fee by the shipowner concerned .
2 . The Fee For a tuna-Fishing licence shall be set per tonne oF tuna
caught in Mozambique 's waters ; the Fee For shrimp trawlers shall be set
according to the number oF gross register tonnes admissible     under the
licences .
3 . The amount oF these Fees and the methods oF payment are set out in the
Annex .
 ---pagebreak---                                    Article 6
The Parties undertake to consult each other , either directly or within
international organizations , to ensure the management and conservation of
the living resources in the Indian Ocean , and to cooperate in the relevant
scientific research .
                                   Article 7
The vessels authorized to fish in Mozambique 's waters in the framework of
this Agreement are obliged to communicate to the competent services of
Mozambique the statements of catch and other relevant information according
to the modalities defined in the Annex .
                                   Article 8
In return for the fishing opportunities granted under Article 2 , the
Community will pay , in accordance with the conditions and arrangements
stipulated in the Protocol annexed to this Agreement a financial
contribution to Mozambique , without prejudice to the financing received by
Mozambique under the Lom£ Convention .
                                   Article 9
1 . The Parties agree to consult on questions relating to the
    implementation and proper functioning of this Agreement .
2 . In the event of a dispute concerning the interpretation or
    application of this Agreement , such a dispute shall be the subject of
    consultation between the Parties .
                                   Article 10
1.   With the aim of adopting practical measures for the application of the
    present agreement the Parties agree to constitute a joint Committee .
    This Committee shall have the following competences :
 ---pagebreak---      to oversee the implementation , interpretation and proper functioning of
     the said Agreement ;
     to ensure the necessary liaison concerning matters of common interest ;
    to agree upon :
     . licence fees for vessels fishing for shrimps ;
     . the quantitive limits for the species referred to in
       Articles 1(1 ) and 1(2 ) of the Protocol .
2.  The Joint Committee will at least meet annually , preferably during the
    third quarter , alternatively in the People 's Republic of Mozambique and
    the Community , or extraordinarily at the request of either Party , the
    date and location to be agreed .
3.  The Parties shall consult at least 30 days in advance regarding the
    the date and agenda for the Joint Committee meeting .
                                    Article 11
Should the authorities of Mozambique decide , as a result of developments in
the state of stocks , to take conservation measures which affect the
activities of Community vessels , consultations shall be held between the
Parties in order to adapt the Annex and the Protocol attached to this
Agreement .
Such consultations will be based on the principle that any
substantial reduction of the fishing rights provided for in the Protocol
shall lead to an equivalent reduction of the financial compensation to be
paid by the Community .
 ---pagebreak---                                                                                  \ъ
                                     Article 12
Nothing in this Agreement shall affect or prejudice in any manner the view
of either Party with respect to any matter relating to the Law of the Sea .
                                     Article 13
This Agreement shall apply , on the one hand , to the territories in which
the Treaty establishing the European Economic Community is applied and
under the conditions laid down in that Treaty and , on the other hand , to
the territory of the People 's Republic of Mozambique .
                                     Article 14
The Annex and the Protocol shall form an integral part of this Agreement
and , a reference to this Agreement shall also constitute a reference to the
Annex and Protocol .
                                     Article 15
This Agreement shall be concluded for an initial period of five years from
the date of its entry into force - Unless one of the Parties denounces it
by giving notice to that effect six months before the date of expiry of the
five-year period , it shall remain in force for further periods of two years
unless denounced by notice given at least three months before the date of
expiry of each such two-year period .
At the end of the five-year period , and thereafter at the end of each
two-year period , and at the end of the duration of the first protocol the
Contracting Parties shall enter into negotiations to determine by common
agreement what amendments or additions to the Annex or Protocol are
required . In the event of a Contracting Party giving notice denouncing the
Agreement , the contracting Parties shall enter into negotiations .
                                     Article 16
This Agreement , drawn up in duplicate in the Danish , Dutch , English ,
French , German , Greek , Italian , Portuguese , and Spanish languages , each of
these texts being equally authentic , shall enter into force on the date of
its signature .                                                                    ;
                                                                                  /
 ---pagebreak---                                                                            i3>
                                   PROTOCOL
        establishing the fishing rights and contributions provided for
         in the Agreement between the European Economic Community and
            the Government of the People 's Republic of Mozambique
                            on fisheries relations
                                  Article 1
From 1st of January 1987 , for a period of three years , the limits referred
to in Article 2 of the Agreement shall be as follows :
1 . - shrimp vessels fishing exclusively on deep-water shrimps : 1,100 GRT
per month on a yearly average
2 . - shrimp vessels fishing on shallow-water and deep-water shrimps :
3,700 GRT per month on a yearly average
The quantities to be fished by Community vessels in 1987 may not exceed
1,000 tonnes of deep-water shrimps and 1,500 tonnes of shallow-water
shrimps . These quantitative limits will be reviewed , for each of the
following years , by the Joint Committee referred to in Article 10 of the
Agreement . Shrimp tails weight retained on board are converted into whole
weight by applying the co-efficient 1.67 .
3 . - Pending the availability of more extensive knowledge in respect of
tuna ressources and without prejudice for future arrangments ,
A0 ocean-going freezer tuna boats are allowed to fish simultaneously .
                                  Article 2
1 . The financial compensation referred to in Article 8 of the Agreement
for the period referred to in Article 1 , is fixed at 6,900,000 ECU , payable
in three annual instalments .
2 . If during the period of application of this Protocol the amount of tuna
caught by Community vessels in Mozambican waters exceeds 18.000 tonnes , the
financial compensation will be increased by 50 ECU per tonne caught above
this quantitative limit .
 ---pagebreak--- *
   3 . The use to which this compensation is put shall be the sole
   competence of Mozambique .
  4 . The compensation shall be paid into an account opened at a financial
   institution or any other body designated by Mozambique .
                                       Article 3
  In the event of an increase in the availability of fishing possibilities
  then at the request of the Community the vessels' limits referred to in
  Article 1 ( 1 ) and 1 ( 2 ) may be increased . In this case , the financial
  compensation referred to in Article 2 shall be increased proportionally pro
  rata temporis .
                                       Article 4
  1.    The Community shall also contribute during the period referred to in
  Article 1 six hundred thousand ( 600,000 ) ECU towards the financing of
  Mozambican scientific and technical programmes ( equipment , infrastructure ,
  ...) to improve information on the fishery resources within the waters of
  Mozambique .
  At the request of Mozambique , part of the amount not exceeding 60,000 ECU
  may be used to finance the expenses of participation in international
  conferences , not necessarily related to the said scientific programme ,
  destined to improve the knowledge of fisheries resources .
  2 . The competent Mozambican authorities shall send to the Commission a
  brief report on the utilization of the funds .
  3 . The Community 's contribution to the scientific and technical
  programmes shall be paid into an account specified on each occasion by the
  Office of the Secretary of State for Fisheries .
                                       Article 5
  Should the Community fail to make the payments provided for in this
  Protocol , the Agreement on fishing may be suspended .
 ---pagebreak---                                      ANNEX
Conditions for the pursuit of fishing activities in Mozambique 's waters
by Community vessels .
A.   Licence application an d issuing formalities
     The procedure for applications for , and issue of , the licences enabling
     Community vessels to fish in Mozambique 's waters shall be as follows :
     The relevant Community authorities shall present to the Secretary of
     State for Fisheries of the People 's Republic of Mozambique , via the
     Delegation of the Commission in Mozambique , an application for each
     vessel that wishes to fish under this Agreement :
     - for shrimp vessels before the 1st of August of each year ,
     - for tuna vessels at least 30 days before the date of commencement of
       the period of validity requested .
     The applications shall be made on the forms provided for that purpose
     by Mozambique , a specimen of which is annexed hereto .
     The licences will be delivered to vessel owners or to their
     representatives .
     Licences must be held on board at all times .
I. Provisions applicable to shrimp vessels
   a ) The licence fees are set as follows :
       151 ECU /GRT per year for vessels fishing exclusively for deep-water
       shrimps
       266 ECU /GRT per year for vessels fishing for shallow-water and
       deep-water shrimps
       and have to be paid in four equal installments on the first day of
       each quarter for the current year .
       At the request of either Party the licences fees may be reviewed
       by» the Joint Committee referred to in Article 10 of the Agreement
       namely in the event of a change in GRT .
 ---pagebreak---          Licences are valid for a period of one year or until the
         quantitative limits fixed under Article 1 of the Protocol are
         exhausted . Vessels shall be required to put in at the port of
         Maputo for the issuing of the licence . This port shall be the base
         port for fishing activities where each fishing canpaign shall start
         and finish .  All crustaceans caught beyond the quantitative limits
         stated in Article 1 of the Protocol shall be property of the Office
         of Secretary of State for Fisheries and shall be delivered free of
         charge in the base port .
     b ) All shrimp vessels authorized to fish under the Agreement in
         Mozambique 's waters shall be obliged to forward to the Secretary of
         State for Fisheries at the end of each fishing campaign a daily
         catch report drawn up by the captain in accordance with the specimen
         annexed hereto .
         Furthermore each vessel has to present a monthly report to the
         Secretary of State for Fisheries containing the quantity caught
         during the month and the quantities on board on the last day of the
         month . This report shall be presented no later than the last day of
         the month following the month concerned . Should this provision not
         be adhered to , Mozambique reserves the right to suspend the licence
         of the offending vessel until the formality has been complied with .
     c) Each shrimp vessel fishing in Mozambican waters under the Agreement
         shall inform the radio station " Radio Naval " on a daily basis , its
         geographical position . Shipowners shall be notified of the call
         sign at the time of delivery of the fishing licence .
         Shrimp vessels may not leave the Mozambican waters without the
         previous authorisation of the Secretary of State for Fisheries and
         after control of the fish on board .
II . Provisions applicable to tuna vessels
     a) The fees shall be set at 20 ECU per tonne caught within Mozambique 's
         waters .
 ---pagebreak--- b)  Applications for licences for tuna vessels shall be issued following
    advance payment to Mozambique of a lump sum of 1,000 ECU a year for
    each tuna seiner , equivalent to the fees for 50 tonnes of tuna caught
    within Mozambique 's waters per year . A provisional statement of the
    fees due for the fishing year shall be drawn up by the Commission of
    the European Communities at the end of each calendar year on the basis
    of the catch statements made by the shipowners and forwarded
    simultaneously to the Mozambican authorities and the Commission of the
    European Communities . The corresponding amount shall be paid by the
    shipowners to the Mozambican Treasury no later than 31st March of the
    following year . The final statement of the fees due in respect of a
    fishing year shall be drawn up jointly by the Commission of the
    European Communities and the Secretary of State for Fisheries of
    Mozambique , taking into account available scientific opinion ,
    particularly of 0RST0M , the Spanish Institute of Oceanography ( I.E.O. )
    and the Institute of Fisheries Research ( I.I.P. ), and any statistical
    data which can be gathered by an international fishing organisation in
    the Indian Ocean . The shipowners shall be notified by the Commission
    of the European Communities of the statement and shall have 30 days in
    which to meet their financial obligations . If the amount of the sum
    due for actual fishing operations does not equal the advance payment ,
    the corresponding outstanding sum shall not be recoverable by the
    shipowner .
c ) Every 3 days during the fishing period in Mozambique ' swaters , the
    vessels shall communicate to the radio station at " Radio Naval " their
    position and their catch .  On entering and leaving Mozambique 's waters ,
    the vessels shall communicate to the radio station at " Radio Naval "
    their position and the volume of the catches on board .
    In addition , the captain shall complete a fishing log book , as annexed ,
    for each fishing period in Mozambique 's waters .
    This form must be legible and be signed by the captain of the vessel
    and sent to the Secretary of State for Fisheries of the People 's
    Republic of Mozambique via the Delegation of the Commission of the
    European Communities in Maputo as soon as possible after the fishing
    period within Mozambique 's waters .
 ---pagebreak---                                                                            <3
B. Signing on of seamen
   Shipowners who have been issued fishing licences may employ Mozambican
   nationals as fishermen .
   The salary and social contribution shall be paid through a local agent
   designated by the Secretary of State for Fisheries of the People 's
   Republic of Mozambique .
C. F ishing zones
   a)   The fishing zones accessible  to shrimp vessels shall comprise all
        waters under the sovereignty  or the jurisdiction of the People 's
        Republic of Mozambique south  of 10*30 ' S and north of 26*30' S and
        beyond the first 12 nautical  miles measured from the base lines ,
   h)   The fishing zones accessible  to tuna vessels shall comprise all
        waters under the sovereignty  or the jurisdiction of the Peoples 's
        Republic of Mozambique south  of 10*30' 5 and north of 26*30' S and
        outside 200 m . isobathe .
D. Inspection and monitoring of fishing activities
   Any Community vessel fishing in Mozambique 's waters shall allow on
   board , and assist in the accomplishment of his duties , any official of
   Mozambique responsible for inspection and monitoring .
E. Change of gear
   Changes in fishing gear shall he submitted to the Office of the
   Secretary of State for Fisheries for authorisation .
F. Identification of shrimp vessels
   All shrimp vessels authorized under the Agreement to fish in the
   Mozambique ' swaters shall be identifiable by means of a registration
   number and identification number given by the Secretary of State for
   Fisheries .
 ---pagebreak--- G.    By-catches
      By-catches in the shrimp fisheries shall be landed at the port of
      Maputo destined for supply to the internal market , at a price fixed
      by the Secretary of State for Fisheries .
H.    Chemical additives
      Shrimp vessels shipowners are authorized to utilise only , for
      transformation purposes , those chemical additives authorized by
      Community legislation .
I.    Property of rare species
      All marine species for which preservation is justified due to rarity of
      the species or biological research and which are caught oy a Community
      vessel authorized under the Agreement to fish in Mozambique 's waters ,
      shall be the property of the Office of the Secretary of State for
      Fisheries and therefore shall he delivered as soon as possible and in
      the best possible condition , to the Office of the Secretary of State
      for Fisheries at the port of Maputo free of charge .
3.    Transshipments of shrimps
      Transshipments , other than that between Community shrimp vessels ,
      outside the base port are prohibited .
      As far as transshipments which take place in the base port are
      concerned , they shall be authorized only under control by the Secretary
      of State for Fisheries .
K . J akinq on board of observers
      a ) Each shrimp vessel shall take on board on observer designated by the
          the Secretary of State for Fisheries of the People 's Republic of
          Mozambique .   The observer shall be accorded the conditions enjoyed
          by officers of that vessel . The salary and the social contributions
          of the observer shall be borne by the Mozambican authorities .
          Observers shall enjoy all facilities necessary for the performance
          of their duties including permanent access to fishing and navigation
          log books as well as navigation and communications equipment .
 ---pagebreak---                                                                              2o
  b ) All Community vessels may be requested by the Mozambican authorities to
      take on board a biologist .
  L.   Interdiction of fire arms
       Fire arms , including those intended For self defense purposes , shall be
       forbidden on all vessels authorised to fish in Mozambique 's zone .
  M.   Penalties
       Infringements shall be penalised as follows :
           payment of a fine of up to 100,000 ECU depending on the seriousness
           of the infringements for non-compliance with the provisions laid
           down in the annex ;
           non-renewal of fishing licence for failure to supply statements of
           catch .
       Penalties not paid may lead to temporary seizure of the vessel
       concerned or any other vessel belonging to the same sh powner as a
       warranty for payment and to confiscation of the vessel without
       prejudice of the right of the shipowner to appeal to the relevant
       court .
г
 ---pagebreak---                                                                          21
                        APPLICATION FOR A LICENCE TO FISH FOR
                         SHRIMP IN THE WATERS OF MOZAMBIQUE
  PART A
  1 . Name of owner :  .
  2 . Nationality of owner : ....
 3 . Business address of owner :
 4 . Fishing quota requested :
      a ) deep-water shrimp ( tonnes ) .
      b ) shallow-water and deep-water shrimp ( tonnes ); .
 5 . Chemical additives which may be used ( Brand name and composition )
 PART B
 To be completed for each vessel .
 1 . Period of validity : .
 2 . Name of vessel : .
 3 . Year of construction : .
 4 . Original flag country : .
 5 . Currently flying the flag of : .
 6 . Date of acquisition of current flag :
 7 . Year of acquisition : .
 8 . Port and registration number .
 9 . Fishing method : .
10 . Gross Registered Tonnage : .
11 . Radio call sign : .
12 . Overall length ( M ) : .
13 . Bow ( M ) : .
14 . Depth ( M ) .
15 . Construction material of the hull : .
 ---pagebreak---                                                                                  'l'Z
 16 . Engine power ( BHP )   : .
 17 . Speed ( knots ) : .
 18 . Cabine capacity : . . .
 19 . Capacity of fuel tanks ( fr ) : . . .
 20 . Capacity of fish holds (M^) : . . .
 21 . Colour of the hull : .
 22 . Colour of the superstructure : .
 23 . Communication equipment on board :
        Type      Brand         Power      Year of               FREQUENTIES
                              ( Watt )    construction    Reception   |    Transmission
                                                                      I
                                                                      I
                                                                      I
                           !
                                                                      ;
                                       il
                                       j
24 . Navigation and détection equipment installed .
                       Type         Brand          Mode l               Range
                                                                    i
                                             _I_
25 . Name of captain : .
26 . Nationality of captain : .        .
To be annexed : - three colour photographs of the vessel ( side view ).
                   - Diagram and detailed description of fishing qear used .
                   - Document giving proof of authority for the owner 's representative
                      to sign this application .
                   Date of application
                   Signature of owner 's representative
 ---pagebreak---                                                                   •'-'7 7
                                                                     - O
                            APPLICATION FOR A LICENCE TO FISH FOR
                               TUNA IN THE WATERS OF MOZAMBIQUE
  PART A
  1 . Name of owner :  .
  2 . Nationality of owner : _
  3 . Business address of owner :
  PART B
  To be completed for each vessel .
  1 . Period of validity : .
  2.  Name of vessel : .
  3 . Year of construction : .
  4 . Original flag country : .
  5 . Currently flying the flag of : .
  6 . Date of acquisition of current flag : .
  7 . Year of acquisition : .
  8 . Port and registration number :  .
  9 . Fishing method : . . .
10 . Gross Registered Tonnage : .
1 1 . Radio call sign : .
12 . Overall length CM ) : .
13 . Bow ( M ) : . .• .
14 . Deplfi ( M ) : ' . . .
15 . Construction material of the hull : . . .
16 . Engine power ( BHP ): . . .
17 . SPEED ( knots ) : .
18 . Cabin capacity : .
19 . Capacity of fuel tanks ( M^) ; .                                 _     ^
20 . Capacity of fish holds . M’ ; : .
                                                                          1 . /.
 ---pagebreak---                                                                              2H
21 . Freezing capacity ( Tonnes / 24 hours ) and freezing system used :
22 . Colour of the hull : .
23 . Colour of the superstructure : _
24 . Communication equipment on board :
       Type        Brand     Model        Power   Year of          FREQUENTIES
                                        ( Watt ) construction Reception   Transmission
25 . Navigation and détection equipment installed .
                       Type          Brand            Mode l
 26 . Auxiliary vessels used ( for each vessel )
 26.1 . Gross Registered tonnage .
 26.2 . Overall length ( M ) . -. .
 26.3 . Bou ( M ) . . . . .
 26.4 . Depth ( M ) .   ...
 26.5 . Construction material of the hull .           ...
 26.6 . Engine Power ( BHP ) .
 26.7 . Speed ( knots ) . .
 27 . Auxiliary aerial fish detection equipment (even if not based on board )
 ---pagebreak--- 28 . Home port : .
29 . Name of captain : .
30 . Nationality of captain : .
To be annexed : - three colour photographs of the vessel ( side view ) and of
                   auxiliary fishing vessels and of auxiliary aerial equipment
                   for fish detection .
                 - Diagram and detailed description of fishing gear used .
                 - Document giving proof of authority for the owner 's represen ¬
                   tative to sign this application .
                 Date of application
                 Signature of owner 's representat i ve
 ---pagebreak---                                                       IIP
                                                                                                                      DIÁRIO DE                PESCA PARA ATUNEIRO
           INSTITUTO DE INVESTIGAÇÃO PESQUEIRA                                                                                           (TUNA BOATS FISHING LOG BOOK)
                                                                                                                                                                                                                                                                           MOI
                  C. P. <( 603 MAPUTO ; TELEF. 742112 ; TELEX 6-497 PEIXE-MO                                                                                                                                                                                          □  PALANI
                                                                                                                                                                                             MES        DIA         ANO            PORTO                              □  ISCO VI
                                                                                        TONELAGEM ARQUEAÇAO MUTA                                         1                                 (MONTH)     (CAY)       (YEAR )         (PORT)
                                                                                                                                                                                                                                                                      □  REDE D
NOME DO NAVIO ___-                                                                      (GROSS TONS )
 (VESSEL NAME)                                                                          CAPACIDADE ( TM )                              -  –            tm      SAIDA _        _ _                    –
                                                                                                                                                                                                                                                                      □  CORRIO
NACIONALIDADE                      .    .                                               (CAPACITY . TM)                                                         ( BOAT LEFT)
                                                                                                                                                                                                                                                                      □  OUTRO!
(FLAG COUNTRY)                                                                                                                                                 CHECADA        -   _    -  –                     –
                                                                                        (CAPTAIN )                                                             ( BOAT RETURNIO )
(REGISTRATION N/)
N.· DE RFr.IVrn
                                                                                        (N.· 0Γ CREW)                                                                                                   N.· DE DIAS DE PESCA
ARMADOR ou AFRETADOR                                                                                                                                           N.'DE DIAS NO MAR
                                                                                                                                                                                                                                                    N.' DE V1ACEM
 (COMPANY of OWNER)                                                                     (REPORTING DATE )                                                      (N.* of DAYS AT SEA)                     N.· DE LANÇOS EFEC-
ENDEREÇO                                                                                                                                                                                                                                              fTRIP HUMKft)
( AOORCSS )                                                                             (REPORTED BY )                                                                                                  (R· ol MH Mde )
  DATAS                       AREA                                                                                                                         CAPTURAS             ( CATCHES)
    (OATES )                                         ESFORÇO
                                                     OE PESCA                                                                                                            ESPADIM                                                                                              TOI
                       LATU
                        TUDE
                                 LONGI­
                                  TUDE
                                               Й
                                               < flt
                                                      ( EHort )
                                                     ( Número
                                                     de « ntóit
                                                                      ATUM. RA8I -
                                                                      LHOouRABIL
                                                                   ( 8LUEFIN TUNA )
                                                                                       ALBACORA
                                                                                     ( YELLOWFIN
                                                                                          TUNA )
                                                                                                              PATUDO
                                                                                                         ( BIGEYE TUNA )
                                                                                                                                   VOADOR
                                                                                                                                ( ALBACORE )
                                                                                                                                                  ESPADARTE
                                                                                                                                                ( SWORDfISH )
                                                                                                                                                                   ( WHITE MARLIN )
                                                                                                                                                                                          ESPADIM NEGRO
                                                                                                                                                                    ( STRIP. MARLIN ); ( BLACK MARUN )
                                                                                                                                                                                                                     VELEIRO
                                                                                                                                                                                                                   ( SAILFISH )
                                                                                                                                                                                                                                          CAIADO
                                                                                                                                                                                                                                       ( SKIP)ACK )
                                                                                                                                                                                                                                                             DIVERSOS
                                                                                                                                                                                                                                                                             (DA
                                                                                                                                                                                                                                                                             APE
                                                                                                                                                                        Tetrapturvt     |                                              Ketun*onu« _       ( Mitcelloneous     ( In
                        N/S        E/W         n      uiedot )
                                                        N.*of
                                                        hooLi
                                                                    Thunrxrt
                                                                          Meccoyil
                                                                                         Thunous
                                                                                         Albecaret
                                                                                                              Thunnui
                                                                                                               Obeiui
                                                                                                                                    Thunnut
                                                                                                                                    Atelungi   XiphiM ( ladiui       Audax                  Miktrie indice       litiophonn sp             Pelamit             Fiihet )
                                                        used )
QUANTIDAOES DESCARREGADAS ( EM KCS-I
LANDíNG WEICHT ( IN KG |
                                                                                                                                                                  J _ A tAlwrt IwAi •9u>>' Jiif                         W             ^ *•          4 – Iode « ielMMdte oout *t
■í1 » •** ft (OdO                   M*i«f wm« C1M #1 0>M« ó* PfW« M                 I – « AREA* MtnilKt •              de «pMdk, (•M » xdrdiMWiB dei
                        0« Co«p*'«(te InltnwlMd      A*    MM TM Vin. HO.                                                                                              IM M rudi– DI>I M«                 • P*«e *•«* «* dfiA* de detcetoe-           tMOd.
   i «* - MAPUIO -I (II I              hnio/ Miivi -!*««• mi KIMMO                        idMli» • Mtntande          de leiiiuM e '
   »•        *•.« «I mh t»,. «MW «e • IMI t»
                                                                                                                                                                       llhe         *m, «iTUf •••«•*»*            be ttmofeted «dv et ff*          (0
                                                          L4) •• l)>«4>li> *1 •*          (litMrtp PN teien Be Ne «ei"M et He *ei I«MI
   •"'•••'•i    r»v*                A*    Mw IM !>««. ÍVO A’ - MAPUIO                                                                                                  MOJ mt **m »4<e          M*}M •# »»*• IM* et »»*ie0w *ht*A4 te
       <«•••      114 » >0 - loto - . 1 »«■ (L wt PIIIIMO       V                         INN4 iMflMI •* I<IIIH.'I r^if L*>e»«1
 ---pagebreak---     StCRETARIA DE ESTADO DAS PESCAS                       FiCHA DE CAPTURA DIÁRIA
       Instituto de Investigoçõo Pesqueiro
Tipo de Borco: - Nome do Borco:                                  _ _ _ Viogtm N.*
Assinatura do * 0001 too ; _                                             _           Doto . _ /                            •O AA1AJT0                        4   S      4      T    <     ••savAçao
                                               1 1  1       4  f   4      T        «        oamvACéct CAPTURA DE CAMARAO DE PROFUNDIDADE
   PovçSo        COORDENADAS
      do                            Fim
   Arresto !
                   Quadrado
  InWo da vrnto (horu)
  Pim do arrasto ( horas )
  (Xirtflo do imito
  Proíund¡dMÍi ( miiroi )                                                                                                        *       TOTAL
  Ri«no do arrasto
  Velocidad# ( n¿s )
                                                                                                            . i EaEHMPi
  Nom· « tipo da arla da pasca
                                                                  –  .  . –    ■ –     -        -
  AWtura da boca ( meiros )
 Temperatur a            Superficie
 da ifua
                         Ftodo
  Ditecelo e torça do vento ( n¿*)                                                                                               •.      . »    – ■' 1 - 1 – ––    – n    - --••• - -               1 –– *
  Eirado do mar                                                                                                                 Z        TOTAL
 Delecçlo de carnario na sonda                                                   • –
   +     ( Sim )           –    ( Nid                                                                   TOTAL DE CAMARAO
                                                                                                        ( PROfUNWOADE)
CAPTURA DE CAMARAO COSTEIRO
                  .        i
     11 11       1i J
                           J
                 -- l                      ...   – .    –     –   –    –
                                                                                                        Ufo·»      ( LR )
                                                                                                                                                       –    ...                       -          -
                                                                                                        Llfodlm    ( k|)
                                     TOTAL                                                                                                           –               –       ...  .
                                                                                                        Outroi cnntkaos      (kf)
                           «
                  :f 1                             –
                                                        –     –
                                                                     –         –
                                                                                        –
                                                                                                                                 Ptim d« 1 .*
                                                                                                                      Conce· Carapau
                                                                                                                                                                      •
     ® îI 5
                                                                                                                                                     –                                -   -
                                                                                                                      lado
                                     –     –     –                                                     Peiae (ki )               Tubarlo e Raia
                                                                                                                                                           –    –    –      -·   -
                                                                                                                                 Outros
                 ^ Λ       s
                                                                                       –
                                                                                                                                                     –                                  . -  _.  –
                                                                                                                                                –
                 - A       *                     – -  -
                                                                                                                        Develado ao Mar
                                           –            –     –                        - - . ■-
                                     TOTAL
                                                                                                       CHOCOS E LULAS         ( k |)
                           «
                                                          - -          –    -  –
     2            *                                           –
                                                                                       –
      I                                          –
                                                        '  "■
                                                                  –
     5           3         s
                                                                     - -     -
                  -        4               –       –          –                .         – .–
                                     TOTAL
 TOTAL OE CALZAR AO ( COSTEIRO )
                                                                                                                                                                                                    N
               • nn – « n
                                                                                                                                                                                                   N
 ---pagebreak---                                      DRAFT
                                   AGREEMENT
        in the form of an exchange of letters concerning the provisional
      application of the Agreement between the European Economic Community
                   and the Goverment of the People 's Republic
             of Mozambique on fishing off the coast of Mozambique ,
                 initialled in Brussels on 11th December 1986 ,
                   for the period starting 1st January 1987 .
A.    Letter from the Government of the People 's Republic of Mozambique
Sir ,
With reference to the draft Agreement between the European Economic
Community and the Government of the People 's Republic of Mozambique on
fishing off the coast of Mozambique , initialled in Brussels on 11th
December 1986 , I have the honour to inform you that the Government of the
People 's Republic of Mozambique is ready to apply this Agreement on a
provisional basis , with effect from 1st January 1987 , until its entry into
force in accordance with Article 16 of the said Agreement , provided that
the European Economic Community is disposed to do the same .
This is on the understanding that payment of the first installment equal to
one third of the financial compensation specified in the Agreement is to be
effected by 31st March 1987 .
I should be obliged if you would confirm the European Economic Community 's
agreement to such provisional application .
Please accept , Sir , the assurance of my highest consideration .
                                           For the Governement of
                                           the People 's Republic of Mozambique
 ---pagebreak--- B.    Letter from the European Economic Community
Sir ,
I am in receipt of your letter of today 's date , which reads as follows :
" With reference to the draft Agreement between the European Economic
  Community and the Government of the People 's Republic of Mjzambique on
  fishing off the coast of Mozambique , initialled in Brussels on 11th
  December 1986 , I have the honour to inform you that the Government of the
  People 's Republic of Mozambique is ready to apply this Agreement on a
  provisional basis , with effect from 1st January 1987 , until, its entry into
  force in accordance with Article 16 of the said Agreement , provided that
  the European Economic Community is disposed to do the same .
  This is on the understanding that payment of the first installment equaL
  to one third of the financial compensation specified in the Agreement is
  to be effected by 31st March 1987 .
  I should be obliged if you would confirm the European Economic Community 's
  agreement to such provisional application ."
I have the honour to confirm the European Economic Community 's agreement to
this provisional application of the Agreement .
Please accept , Sir , the assurance of my highest consideration .
                                          For the European
                                         Economic Community
 ---pagebreak--- FINANCIAL STATEMENT                                                                                 I
                                                                                                   30
                                                                I DATE :
1 . BUDGET HEADING : 422                              APPROPRIATIONS :
2 . TITLE : EEC-Mozambique Agreement on fisheries
3 . LEGAL BASIS : EEC-Mozambique Agreement on fisheries
4 . AIMS : Agreement , plus protocol and annexes , for three-year period
           - financial compensation and fishing rights
           - financing of Mozambican scientific programme
                                   I   PERIOD    I CURRENT FINANCIAL I       FOLLOWING          T
5 . FINANCIAL IMPLICATIONS          I   OF 12    I        YEAR           I FINANCIAL YEAR I
                                   I   MONTHS    I      ( '87 )          I       ( '88 )         I
                                   I             I                       I                      T
5.0 EXPENDITURE                    I             I                       I                       I
     - CHARGED TO THE EC           I             I                       I                       I
       BUDGET ( REFUNDS /           I            I                                               I
       INTERVENTIONS )             I             I 2 700 000 ECU         I 2 500 000 ECU         I
     - NATIONAL AUTHORITIES        I             I                       I                       I
     - OTHER                       I            I                        I                       I
                                   II           II                                               I
                                                                         I                       I
5.1 REVENUE                        I             I                       I                       I
     - OWN RESOURCES OF THE EC I                 I                       I                       I
       ( LEVIES / CUSTOMS DUTIES ) I             I                       I                       I
     - NATIONAL                    I            I                        I                       I
                                   I             I                       I                       I
                                   I            I             I              I                  1
                                   I  1987      I    1988     I    1989      I .                 1
                                   I          I               I              I                  1
5.0.1 ESTIMATED EXPENDITURE        12 700 000 1 2 500 000     1 2 300 000    |                   1
5.1.1 ESTIMATED REVENUE            I          I               I              I                   1
                                   I          I               I              I                   !
5.2 METHOD OF CALCULATION : Financial compensation : total cost            = 6 900 000 ECU
                                                           annua l cost = 2 300 000 ECU
                               Financing for Mozambique's scientific programme :
                               600 000 ECU over three years , i.e. 400 000 ECU for
                               first year and 200 000 ECU for second year
6.0 CAN THE PROJECT BE FINANCED FROM APPROPRIATIONS             ENTERED IN     THE RELEVANT
     CHAPTER OF THE CURRENT BUDGET ?                                                     YES / II
6.1 CAN THE PROJECT BE FINANCED BY TRANSFER BETWEEN CHAPTERS OF THE CURRENT
     BUDGET?                                                                             YES / II
6.2 WILL A SUPPLEMENTARY BUDGET BE NECESSARY ?                                           lll / NO
6.3 WILL FUTURE BUDGET APPROPRIATIONS BE NECESSARY ?                                     YES / II
C0MMENTS :
 ---pagebreak--- S tatement concerning the impact of certain             Legislative acts on small and
medium-sized undertakings and employment
1.     ADMINISTRATIVE     OBLIGATIONS  ARISING      FOR  UNDERTAKINGS         AS A    RESULT OF
       APPLICATION OF THE LEGISLATION
                      none
2.     ADVANTAGES FOR THE UNDERTAKING
       - yes / rfc*                                                                , .
       - if so, specify . . .development _of .f i.shqng .act iv_i_t i_es _in .Mozambican paters
3.     OBLIGATIONS OF THE UNDERTAKING
       ( additional costs )
       yes / to$
       if so, specify _ ^ay.^ent . for _f i shi_ng _ l;cences .
4.     EFFECT ON EMPLOYMENT
               will increase employment
5.     WAS THERE PRIOR CONSULTATION WITH EMPLOYERS AND UNION REPRESENTATIVES ?
       - yes / no
       - opinion of these representatives
6.     IS THERE AN ALTERNATIVE , LESS RESTRICTIVE APPROACH ?
               no