CELEX: 22007A1217(05)
Language: en
Date: 2007-12-20 00:00:00
Title: Fisheries Partnership Agreement between the European Community and the Republic of Mozambique

17.12.2007             EN                               Official Journal of the European Union                                           L 331/35
                                                    FISHERIES PARTNERSHIP AGREEMENT
                                  between the European Community and the Republic of Mozambique
              THE EUROPEAN COMMUNITY, hereinafter referred to as ‘the Community’,
              and
              THE REPUBLIC OF MOZAMBIQUE, hereinafter referred to as ‘Mozambique’,
              hereinafter referred to as ‘the Parties’,
              CONSIDERING the close working relationship between the Community and Mozambique, particularly in the context of the
              Cotonou Agreement, and their mutual desire to intensify that relationship,
              CONSIDERING the desire of the two Parties to promote the sustainable exploitation of fisheries resources by means of
              cooperation,
              HAVING REGARD TO the United Nations Convention on the Law of the Sea,
              RECOGNISING that Mozambique exercises its sovereign rights or jurisdiction over a zone extending up to 200 nautical miles
              from the baseline in accordance with the United Nations Convention on the Law of the Sea,
              DETERMINED to apply the decisions and recommendations taken by the relevant regional organisations of which the Par-
              ties are members,
              AWARE of the importance of the principles established by the Code of Conduct for Responsible Fisheries adopted at the
              FAO Conference in 1995,
              DETERMINED to cooperate, in their mutual interest, in promoting the introduction of responsible fisheries to ensure the
              long-term conservation and sustainable exploitation of marine living resources,
              CONVINCED that such cooperation must take the form of initiatives and measures which, whether taken jointly or sepa-
              rately, are complementary and ensure consistent policies and synergy of effort,
              DECIDED, for the purposes of such cooperation, that the Parties shall establish the dialogue needed to implement Mozam-
              bique’s fishing policies by involving civil society operators,
              DESIROUS of establishing terms and conditions governing the fishing activities of Community vessels in Mozambican waters
              and Community support for responsible fishing in those waters,
              RESOLVED to pursue closer economic cooperation in the fishing industry and related activities by promoting cooperation
              between companies from both Parties,
HEREBY AGREE AS FOLLOWS:                                                        — the conditions governing access by Community fishing ves-
                                                                                    sels to Mozambique’s fishing zone,
                                Article 1
                                Scope                                           — cooperation on the arrangements for policing fisheries in
                                                                                    Mozambique’s fishing zone with a view to ensuring that the
                                                                                    above rules and conditions are complied with, that the mea-
This Agreement establishes the principles, rules and procedures                     sures for the conservation and management of fish stocks are
governing:                                                                          effective and that illegal, undeclared and unregulated fishing
                                                                                    is prevented,
— economic, financial, technical and scientific cooperation in
    the fisheries sector with a view to promoting responsible
    fishing in Mozambique’s fishing zones in order to guarantee                 — partnerships between operators aimed at developing eco-
    the conservation and sustainable exploitation of fisheries                      nomic activities in the fisheries sector and related activities,
    resources and develop Mozambique’s fisheries sector,                            in the common interest.
 ---pagebreak--- L 331/36                EN                           Official Journal of the European Union                                          17.12.2007
                               Article 2                                     4.     The employment of Mozambican seamen on board Com-
                                                                             munity vessels shall be governed by the International Labour
                             Definitions
                                                                             Organisation (ILO) Declaration on Fundamental Principles and
                                                                             Rights at Work, which shall apply as of right to the correspond-
For the purposes of this Agreement:                                          ing contracts and general terms of employment. This concerns in
                                                                             particular the freedom of association and the effective recognition
                                                                             of the right to collective bargaining, and the elimination of dis-
(a) ‘Mozambican authorities’ means the Ministry of Fisheries of              crimination in respect of employment and occupation. Non-
     the Republic of Mozambique;                                             Mozambican ACP seamen on board Community vessels shall
                                                                             enjoy the same conditions.
(b) ‘Community authorities’ means the European Commission;
                                                                             5. The Parties shall consult one another prior to adopting any
                                                                             decision that may affect the activities of Community vessels under
(c) ‘Mozambique’s fishing zone’ means Mozambique’s marine
                                                                             this Agreement.
     waters where fishing is authorised;
(d) ‘fishing vessel’ means any vessel used for fishing purposes
     according to Mozambican law;                                                                           Article 4
                                                                                                   Scientific cooperation
(e) ‘Community vessel’ means a fishing vessel flying the flag of a
     Member State of the Community and registered in the
     Community;                                                              1. During the period covered by this Agreement, the Commu-
                                                                             nity and the Mozambican authorities shall endeavour to monitor
                                                                             the evolution of resources in Mozambique’s fishing zone.
(f) ‘Joint Committee’ means a committee made up of represen-
     tatives of the Community and Mozambique, as provided for
     in Article 9 of this Agreement;                                         2. The Parties undertake to consult one another, by means of
                                                                             a joint scientific working group or within the international organi-
                                                                             sations concerned, to ensure the management and conservation
(g) ‘transhipment’ means the transfer in the port area of some or            of living resources in the Indian Ocean, and to cooperate in the
     all of the catch from one fishing vessel to another vessel;             relevant scientific research.
(h) ‘shipowner’ means the person legally responsible for a fish-
     ing vessel, in its charge and control;                                  3. The two Parties, on the basis of the consultation referred to
                                                                             in paragraph 2, shall consult one another within the Joint Com-
                                                                             mittee provided for in Article 9 and jointly adopt conservation
(i)  ‘ACP seamen’ means any seamen who are nationals of a non-               measures for sustainable management of fish stocks affecting the
     European signatory to the Cotonou Agreement.                            activities of Community vessels.
                               Article 3                                                                    Article 5
  Principles and objectives underlying the implementation
                                                                              Access by Community vessels to fisheries in Mozambican
                         of this Agreement
                                                                                                            waters
1.    The Parties hereby undertake to promote responsible fish-
ing in Mozambican waters as provided for in FAO’s Code of Con-               1. Mozambique undertakes to authorise Community vessels to
duct for Responsible Fishing on the basis of the principles of non-          engage in fishing activities in its fishing zone in accordance with
discrimination between the different fleets fishing in those waters.         this Agreement, including the Protocol and Annex thereto.
2.    The Parties shall cooperate with a view to monitoring the              2.     The fishing activities governed by this Agreement shall be
results of the implementation of the fishing policy adopted by the
                                                                             subject to the laws and regulations in force in Mozambique. The
Mozambican Government and evaluating the measures, pro-
                                                                             Mozambican authorities shall notify the Commission of any
grammes and actions carried out on the basis of this Agreement
                                                                             amendments to that legislation.
and shall establish, to this end, a political dialogue in the fisheries
sector. The results of the evaluations shall be analysed by the Joint
Committee provided for in Article 9 of this Agreement.
                                                                             3.     Mozambique undertakes to take all the appropriate steps
                                                                             required for the effective application of the fisheries monitoring
3.    The Parties hereby undertake to ensure that this Agreement             provisions in the Protocol. Community vessels shall cooperate
is implemented in accordance with the principles of good eco-                with the Mozambican authorities responsible for carrying out
nomic and social governance, respecting the state of fish stocks.            such monitoring.
 ---pagebreak--- 17.12.2007             EN                           Official Journal of the European Union                                             L 331/37
4. The Community undertakes to take all the appropriate steps               (c) an increase in the fishing opportunities granted to Commu-
required to ensure that its vessels comply with this Agreement                   nity vessels, made by mutual agreement between the Parties
and the legislation governing fisheries in Mozambique’s fishing                  where the best available scientific advice concurs that the
zone.                                                                            state of resources so permits;
                                                                            (d) a reassessment of the terms of financial support for imple-
                               Article 6                                         menting a sectoral fisheries policy in Mozambican, where
                                                                                 this is warranted by the results of the annual and multian-
                               Licences                                          nual programming observed by both Parties;
1.      Community vessels may fish in Mozambique’s fishing zone             (e) termination of this Agreement under Article 12;
only if they are in possession of a fishing licence on board, or a
copy thereof, issued under this Agreement and the Protocol
hereto.                                                                     (f) suspension of the application of this Agreement under
                                                                                 Article 13.
2.      The procedure for obtaining a fishing licence for a vessel,
the fees applicable and the method of payment to be used by ship-                                          Article 8
owners shall be as set out in the Annex to the Protocol.
                                                                               Promoting cooperation among economic operators and
                                                                                                        civil society
                               Article 7                                    1. The Parties shall encourage economic, scientific and techni-
                       Financial contribution                               cal cooperation in the fisheries sector and related sectors. They
                                                                            shall consult one another with a view to coordinating the differ-
                                                                            ent measures that might be taken to this end.
1.      The Community shall grant Mozambique a financial contri-
bution in accordance with the terms and conditions laid down in             2. The Parties undertake to promote the exchange of informa-
the Protocol and Annexes. This single contribution shall be based           tion on fishing techniques and gear, preservation methods and the
on two elements, namely:                                                    industrial processing of fisheries products.
(a) access by Community vessels to Mozambican waters and                    3. The Parties shall endeavour to create conditions favourable
      fisheries resources; and                                              to the promotion of relations between their enterprises in the
                                                                            technical, economic and commercial spheres, by encouraging the
                                                                            establishment of an environment favourable to the development
(b) the Community’s financial support for promoting respon-                 of business and investment.
      sible fishing and the sustainable exploitation of fisheries
      resources in Mozambican waters.
                                                                            4. The Parties undertake to implement a plan and actions
                                                                            between Mozambican and Community operators aimed at pro-
                                                                            moting fish landing from Community vessels in Mozambique.
2.      The element of the financial contribution referred to in
paragraph 1(b) shall be determined in the light of objectives iden-
tified by common accord between the Parties in accordance with              5. The Parties shall encourage, in particular, the setting-up of
the Protocol, to be achieved in the context of the sectoral fisher-         joint enterprises in their mutual interest which shall systematically
ies policy drawn up by the Mozambican Government and an                     comply with Mozambican and Community legislation.
annual and multiannual programme for its implementation.
                                                                                                           Article 9
3.      The financial contribution granted by the Community shall
be paid each year in accordance with the Protocol and subject to                                      Joint Committee
this Agreement and the Protocol in the event of any change to the
amount of the contribution as a result of:
                                                                            1. A Joint Committee shall be set up to monitor the applica-
                                                                            tion of this Agreement. The Joint Committee shall perform the
(a) serious circumstances other than natural phenomena which                following functions:
      are such as to prevent fishing activities in Mozambican
      waters;                                                               (a) monitoring the performance, interpretation and application
                                                                                 of this Agreement and, in particular, the definition of the
                                                                                 annual and multiannual programming referred to in
(b) a reduction in the fishing opportunities granted to Commu-                   Article 7(2) and evaluation of its implementation;
      nity vessels, made by mutual agreement for the purposes of
      managing the stocks concerned, where this is considered nec-
      essary for the conservation and sustainable exploitation of           (b) providing the necessary liaison for matters of mutual interest
      resources on the basis of the best available scientific advice;            relating to fisheries;
 ---pagebreak--- L 331/38                EN                          Official Journal of the European Union                                           17.12.2007
(c) acting as a forum for the amicable settlement of any disputes           4. Payment of the financial contribution referred to in Article 7
     regarding the interpretation or application of the Agreement;          for the year in which the termination takes effect shall be reduced
                                                                            proportionately and pro rata temporis.
(d) reassessing, where necessary, the level of fishing opportuni-
     ties and, consequently, of the financial contribution;
                                                                                                           Article 13
(e) any other function which the Parties decide on by mutual                                             Suspension
     agreement.
                                                                            1. Application of this Agreement may be suspended at the ini-
2.     The Joint Committee shall exercise its functions with regard         tiative of one of the Parties in the event of a serious disagreement
to the results of consultation at scientific level referred to in           as to the application of provisions laid down in the Agreement.
Article 4 of this Agreement.                                                Suspension of application of the Agreement shall require the
                                                                            interested Party to notify its intention in writing at least three
3.     The Joint Committee shall meet at least once a year, alter-          months before the date on which suspension is due to take effect.
nately in Mozambique and in the Community, and shall be                     On receipt of this notification, the Parties shall enter into consul-
chaired by the Party hosting the meeting. It shall hold a special           tations with a view to resolving their differences amicably.
meeting at the request of either Party.
                                                                            2. Payment of the financial contribution referred to in Article 7
                                                                            shall be reduced proportionately and pro rata temporis, according
                                Article 10
                                                                            to the duration of the suspension.
     Geographical area to which the Agreement applies
This Agreement shall apply, on the one hand, to the territories in                                         Article 14
which the Treaty establishing the European Community applies,                                      Protocol and Annex
under the conditions laid down in that Treaty, and, on the other,
to the territory of Mozambique.                                             The Protocol, the Annex and Appendices hereto shall form an
                                                                            integral part of this Agreement.
                                Article 11
                                Duration                                                                   Article 15
                                                                                                        National law
This Agreement shall apply for five years from the date of its entry
into force; it shall be tacitly renewed for additional periods of five
                                                                            The activities of Community vessels operating in Mozambican
years, unless notice of termination is given in accordance with
                                                                            waters shall be governed by the applicable law in Mozambique,
Article 12.
                                                                            unless otherwise provided in this Agreement or the Protocol, its
                                                                            Annex and Appendices thereto.
                                Article 12
                              Termination                                                                  Article 16
                                                                                                            Repeal
1. Application of this Agreement may be terminated by one of
the Parties in the event of serious circumstances, other than natu-
ral phenomena, which are beyond the reasonable control of one               On the date of its entry into force, this Agreement repeals and
of the Parties and are such as to prevent fishing activities in             replaces the Agreement between the European Community and
Mozambican waters. This Agreement may also be terminated by                 the Government of the Republic of Mozambique on fishing off
either Party in the event of degradation of the stocks concerned,           the coast of Mozambique which entered into force on 31 Decem-
the discovery of a reduced level of exploitation of the fishing             ber 2003.
opportunities granted to Community vessels, or failure to com-
ply with undertakings made by the Parties with regard to com-
                                                                                                           Article 17
bating illegal, unreported and unregulated fishing.
                                                                                                     Entry into force
2.     The Party concerned shall notify the other Party in writing
of its intention to withdraw from the Agreement at least six                This Agreement, drawn up in duplicate in the Bulgarian, Czech,
months before the date of expiry of the initial period or each addi-        Estonian, Danish, Dutch, English, Finnish, French, German, Greek,
tional period.                                                              Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portu-
                                                                            guese, Romanian, Slovak, Slovenian, Spanish and Swedish lan-
3.     Dispatch of the notification referred to in paragraph 2 shall        guages, each of these texts being equally authentic. It shall enter
open consultations by the Parties.                                          into force on 1 January 2007.
 ---pagebreak--- 17.12.2007             EN                          Official Journal of the European Union                                            L 331/39
                                                                PROTOCOL
               setting out the fishing opportunities and financial contribution provided for in the fisheries
               Partnership Agreement between the European Community and the Republic of Mozambique on
                  fishing off the coast of Mozambique for the period from 1 January 2007 to 31 December 2011
                               Article 1                                   5.     Payment of the financial contribution referred to in para-
                                                                           graph 1 shall be made no later than 31 October 2007 for the first
        Period of application and fishing opportunities                    year and no later than 15 January 2008, 2009, 2010 and 2011
                                                                           for the following years.
1.     For a period of five years from 1 January 2007, the fishing
opportunities granted under Article 5 of the Agreement shall be
as follows:                                                                6. Subject to Article 7, the Mozambican authorities shall have
                                                                           full discretion regarding the use to which this financial contribu-
                                                                           tion is paid.
Highly migratory species (species listed in Annex 1 to the 1982
United Nations Convention):
                                                                           7. The financial contribution shall be paid into a Public Trea-
                                                                           sury account opened at a financial institution designated by the
— freezer tuna seiners: 44 vessels,                                        Mozambican Authorities.
— surface longliners: 45 vessels.
                                                                                                         Article 3
2.     Paragraph 1 shall apply subject to Articles 4 and 5 of this                Cooperation on responsible fishing — Scientific
Protocol.                                                                                              cooperation
3.     Vessels flying the flag of a Member State of the European
Community may fish in Mozambique’s fishing zone only if they               1. The Parties hereby undertake to promote responsible fish-
are in possession of a fishing licence issued under this Protocol in       ing in Mozambican waters.
accordance with the Annex hereto.
                                                                           2. During the period covered by this Protocol, the Community
                                                                           and the Mozambican authorities shall monitor the evolution of
                               Article 2                                   resources in Mozambique’s fishing zone.
         Financial contribution — Methods of payment
                                                                           3. As of the date of entry into force of this Protocol, the Par-
1.     The financial contribution referred to in Article 7 of the          ties shall establish by mutual agreement the arrangements for the
Agreement shall comprise, for the period referred to in Article 1,         scientific consultation provided for in Article 4(2) of the Agree-
an annual amount of EUR 650 000 equivalent to a reference ton-             ment with a view to prepare the work of the Joint Committee
nage of 10 000 tonnes per year and a specific amount of                    referred to in Article 9 of the Agreement.
EUR 250 000 per year for the support and implementation of
Mozambique’s sectoral fisheries policy. This specific amount shall
be an integral part of the single financial contribution defined in
                                                                                                         Article 4
Article 7 of the Agreement.
                                                                               Review of fishing opportunities by mutual agreement
2.     Paragraph 1 shall apply subject to Articles 4, 5, 6 and 7 of
this Protocol.                                                             1.     The fishing opportunities referred to in Article 1 may be
                                                                           increased by mutual agreement provided that the conclusions of
3.     The Community shall pay the total amount referred to in             the scientific meeting referred to in Article 3(4) confirm that such
paragraph 1, i.e. EUR 900 000, each year during the period of              an increase will not endanger the sustainable management of
application of this Protocol.                                              Mozambique’s resources. In this case, the financial contribution
                                                                           referred to in Article 2(1) shall be increased proportionately and
                                                                           pro rata temporis. However, the total amount of the financial con-
4.     If the overall quantity of catches by Community vessels in          tribution paid by the European Community may not exceed twice
Mozambican waters exceeds the reference tonnage, the amount of             the amount referred to in Article 2(1). Where the quantities
the annual financial contribution shall be increased by EUR 65 for         caught by Community vessels exceed twice 10 000 tonnes, i.e.
each additional tonne caught. However, the total annual amount             20 000 tonnes, the amount due for the quantity exceeding that
paid by the Community shall not be more than twice the amount              limit shall be paid the following year.
equivalent to the reference tonnage (EUR 1 300 000). Where the
quantities caught by Community vessels exceed the quantities
corresponding to twice the total annual amount, the amount due             2. Conversely, if the Parties agree to adopt a reduction in the
for the quantity exceeding that limit shall be paid the following          fishing opportunities referred to in Article 1, the financial contri-
year.                                                                      bution shall be reduced proportionately and pro rata temporis.
 ---pagebreak--- L 331/40               EN                           Official Journal of the European Union                                          17.12.2007
3.     The allocation of the fishing opportunities among different          3.     At the expiry of the suspension, the Parties shall agree on
categories of vessels may also be reviewed, following consulta-             the circumstances in which Community vessels may resume
tions and agreement between the Parties, provided that any                  fishing.
changes comply with recommendations made by the scientific
meeting referred to in Article 3 regarding the management of
stocks liable to be affected by such redistribution. The Parties shall                                     Article 7
agree on the corresponding adjustment of the financial contribu-
tion where the redistribution of fishing opportunities so warrants.           Promotion of responsible fishing in Mozambican waters
                                                                            1. One hundred percent of the financial contribution referred
                                                                            to in Article 2 shall be used to support the implementation of the
                               Article 5                                    sectoral fishing policy drawn up by the Mozambican Government.
                    New fishing opportunities
                                                                            Mozambique shall be responsible for managing the correspond-
                                                                            ing amount, on the basis of the objectives identified by mutual
                                                                            agreement by the Parties and in accordance with the annual and
1.     Should Community vessels be interested in fishing activities
                                                                            multiannual programming.
which are not indicated in Article 1, the Parties shall consult one
another prior to authorisation by Mozambican authorities for
these new activities. Where appropriate, the Parties shall agree on         2. For the purposes of implementing paragraph 1, as soon as
the conditions applicable to these new fishing opportunities and,           this Protocol enters into force and no later than three months
if necessary, make amendments to this Protocol and to the Annex             after that date, the Community and Mozambique shall agree,
hereto.                                                                     within the Joint Committee provided for in Article 9 of the Agree-
                                                                            ment, on a multiannual sectoral programme and detailed imple-
                                                                            menting rules covering, in particular:
2.     The Parties shall promote exploratory fishing activities in
Mozambican waters. In this framework, whenever one of the Par-              (a) annual and multiannual guidelines for using the percentage
ties so requests, the Parties shall consult one another and deter-               of the financial contribution referred to in paragraph 1 and
mine, on a case-to-case basis, the conditions and other parameters               its specific amounts for the initiatives to be carried out in
for these fishing activities.                                                    2007;
                                                                            (b) the objectives, both annual and multiannual, to be achieved
The two Parties shall carry out exploratory fishing activities in                with a view to promoting responsible fishing and sustainable
accordance with the parameters adopted by mutual agreement                       fisheries, taking account of the priorities expressed by
and with administrative provisions established to this effect. The               Mozambique in its national fisheries policy and other poli-
authorisations for exploratory fishing shall be granted for a maxi-              cies relating to or having an impact on the introduction of
mum of six months.                                                               responsible fishing and sustainable fisheries, in particular in
                                                                                 terms of improving the health conditions of the production
                                                                                 of fishery products and strengthening the monitoring capac-
Where the Parties conclude that the exploratory fishing trips have               ity of the competent Mozambican authorities;
produced positive results, the Mozambican Government may
award new fishing opportunities for new species until the expiry            (c) criteria and procedures for evaluating the results obtained
of the Protocol. The financial contribution referred to in                       each year.
Article 2(1) shall be increased accordingly.
                                                                            3. Any proposed amendments to the multiannual sectoral pro-
                                                                            gramme or of the use of the specific amounts for the initiatives to
                                                                            be carried out in 2007 must be approved by both Parties within
                               Article 6                                    the Joint Committee.
      Suspension in the event of serious circumstances
                                                                            4. Each year, Mozambique shall allocate the share correspond-
                                                                            ing to the percentage referred to in paragraph 1 with a view to
1.     Where serious circumstances, other than natural phenom-              implementing the multiannual programme. For the first year of
ena, prevent fishing activities in Mozambican waters, the Euro-             application of the Protocol, that allocation must be notified to the
pean Community may suspend payment of the financial                         Community at the time when the multiannual sectoral pro-
contribution referred to in Article 2(1). The suspension decision           gramme is approved within the Joint Committee. For each year of
shall be taken following consultations between the two Parties              application of the Protocol thereafter, Mozambique shall notify
within a period of two months following the request of one of the           the Community of the allocation no later than 1 September of the
Parties, and provided that the Community has paid in full any               previous year.
amounts due at the time of suspension.
                                                                            5. Where the annual evaluation of the progress made in imple-
                                                                            menting the multiannual sectoral programme so warrants, the
2.     Payment of the financial contribution shall resume as soon           European Community may ask for the financial contribution
as the Parties find, by mutual agreement following consultations,           referred to in Article 2(1) of this Protocol to be readjusted with a
that the circumstances preventing fishing activities are no longer          view to bringing the actual amount of financial resources allo-
present and/or that the situation allows a resumption of fishing            cated to the implementation of the programme into line with its
activities.                                                                 results.
 ---pagebreak--- 17.12.2007             EN                          Official Journal of the European Union                                          L 331/41
                               Article 8                                        where necessary, transmit the payment within no more than
                                                                                60 working days of the date of receipt of the notification;
   Disputes — suspension of application of the Protocol
                                                                           (b) If the non-payment is confirmed or not adequately justified
1.    Any dispute between the Parties over the interpretation of                within the period specified in (a), the relevant Mozambican
this Protocol on its application shall be the subject of consulta-              authorities shall be entitled to suspend application of this
tions between the Parties within the Joint Committee provided for               Protocol. They shall inform the European Commission of
in Article 9 of the Agreement, in a special meeting if necessary, in            such action forthwith;
order to reach an amicable settlement.
                                                                           (c) Application of the Protocol shall resume as soon as the pay-
2.    Where the amicable settlement referred to in paragraph 1                  ment concerned has been made.
cannot be reached and without prejudice to Article 9, the appli-
cation of the Protocol may be suspended at the initiative of one
                                                                                                       Article 10
Party if the dispute between the Parties is deemed serious.
                                                                                                     National law
3.    Suspension of application of the Protocol shall require the
interested Party to notify its intention in writing at least three         Without prejudice to the provisions of the Agreement, this Pro-
months before the date on which suspension is due to take effect.          tocol and the Annex and Appendices hereto, the activities of
                                                                           Community vessels operating under the framework of this Pro-
4. In the event of suspension, the Parties shall continue to con-          tocol and the Annex and Appendices hereto shall be governed by
sult with a view to finding an amicable settlement to their dispute.       the applicable law in Mozambique.
As soon as an amicable settlement is reached, application of this
Protocol shall resume and the amount of the financial contribu-                                        Article 11
tion shall be reduced proportionately and pro rata temporis accord-
ing to the period during which application of this Protocol was                                          Repeal
suspended.
                                                                           The Annex to the Fisheries Agreement between the European
                                                                           Community and the Government of the Republic of Mozambique
                               Article 9                                   on fishing off the coast of Mozambique is hereby repealed and
                                                                           replaced by the Annex to this Protocol.
  Suspension of application of the Protocol on grounds of
                            non-payment
                                                                                                       Article 12
Subject to Article 6, if the Community fails to make the payments                                  Entry into force
provided for in Article 2, the application of this Protocol may be
suspended on the following terms:                                          1. This Protocol with the Annex thereto shall enter into force
                                                                           on the date on which the Parties notify each other of the comple-
(a) If no payment is made within the period provided for in                tion of the procedures necessary for that purpose.
     Article 2(5) of this Protocol, the relevant Mozambican
     authorities shall notify the European Commission of the non-          2. This Protocol and the Annex and Appendices thereto shall
     payment. The latter shall carry out the requisite checks and,         apply with effect from 1 January 2007.
 ---pagebreak--- L 331/42          EN                                Official Journal of the European Union                                               17.12.2007
                                                                      ANNEX
            CONDITIONS GOVERNING ACTIVITIES BY COMMUNITY VESSELS IN MOZAMBIQUE’S FISHING ZONE
                                                                     CHAPTER I
                                                Application for and issuance of fishing licences
                                                                     SECTION 1
                                                                 Issuance of licences
         1.   Only eligible vessels may obtain a licence to fish in Mozambique’s fishing zone under the Protocol establishing, for the
              period from 1 January 2007 and 31 December 2011, the fishing opportunities and the financial contribution provided
              for in the Fisheries Partnership Agreement between the European Community and the Republic of Mozambique.
         2.   For a vessel to be eligible, neither the owner, the master nor the vessel itself must be prohibited from fishing in Mozam-
              bique. They must be in order vis-à-vis the Mozambican fishing administration insofar as they must have fulfilled all prior
              obligations arising from their fishing activities in Mozambique under fisheries agreements concluded with the
              Community.
         3.   Community vessels applying for fishing licences may be represented by an agent residing in Mozambique. The agent’s
              name and address shall be attached in the fishing licence application.
         4.   The relevant Community authorities shall submit to the Ministry responsible for fisheries in Mozambique an applica-
              tion for each vessel wishing to fish under the Agreement at least 15 days before the date of commencement of the
              period of validity requested.
         5.   Applications shall be submitted to the Ministry responsible for fisheries in accordance with the specimen in Appendix 1.
         6.   All fishing licence applications shall be accompanied by the following documents:
              —     proof of payment of the fee for the period of validity of the licence,
              —     with the first application under the Protocol, a recent colour photograph showing a side of the vessel in its cur-
                    rent state; the photograph shall be at least 15 cm by 10 cm,
              —     the vessel’s seaworthiness certificate,
              —     the vessel’s registration certificate,
              —     the vessel’s health conformity certificate issued by the competent Community authority.
         7.   The fee shall be paid into the account specified by the Mozambican authorities in accordance with Article 2(7) of the
              Protocol.
         8.   It shall include all local and national taxes with the exception of port taxes, transhipment tax and charges for the pro-
              vision of services.
         9.   Fishing licences for all vessels shall be issued to shipowners or their representatives via the European Commission Del-
              egation to Mozambique within 15 days of receipt of all the documents referred to in point 6 by the Ministry respon-
              sible for fisheries in Mozambique. Once the fishing licence is issued, the Mozambican authorities shall immediately send
              a copy thereof to the owner of the vessel or his/her representative by the adequate means of communication (fax, elec-
              tronic mail, etc.). A copy of the fishing licence is kept on board the vessel as proof of the fishing authorisation under
              the Agreement. The authorities responsible for control shall be immediately informed of the issuing of the fishing
              licence.
         10. Where, at the time of signing, the Delegation of the European Commission were closed, the fishing licence may be given
              to the vessel’s agent with a copy for the Delegation.
 ---pagebreak--- 17.12.2007          EN                               Official Journal of the European Union                                                    L 331/43
           11. Licences shall be issued for a specific vessel and shall not be transferable. However, at the request of the European Com-
                 munity and where force majeure is proven, a vessel’s fishing licence shall be replaced by a new fishing licence for another
                 vessel of the same category as the first vessel with no further fee due. In this case, the calculation of the catch levels to
                 determine whether an additional payment should be made shall take account of the sum of the total catches of the two
                 vessels.
           12. The owner of the first vessel, or his/her representative, shall return the cancelled fishing licence to the Ministry respon-
                 sible for fisheries in Mozambique via the European Commission Delegation.
           13. The date of entry into force of the new fishing licence is the date indicated therein. The European Commission Del-
                 egation to Mozambique shall be informed of the fishing licence transfer.
           14. Fishing licences must be held on board at all times without prejudice to the provisions of point 2 of Chapter VIII of this
                 Annex.
                                                                      SECTION 2
                                                 Licence conditions — fees and advance payments
           1. Fishing licences shall be valid for a period of no more than one year, from 1 January to 31 December of each year at the
               latest. They shall be renewable.
           2. The fee shall be EUR 35 per tonne caught within Mozambique’s fishing zone.
           3. Fishing licences shall be issued once the following fixed amounts have been paid to the competent national authorities:
               —     EUR 4 200 for each tuna seiner, equivalent to the fees due for 120 tonnes of highly migratory and related species
                     caught each year,
               —     EUR 3 500 for each surface longliner of more than 250 gross tonnes (GT), equivalent to the fees due for 100 tonnes
                     of highly migratory and related species caught each year,
               —     EUR 1 680 for each surface longliner of less than 250 gross tonnes (GT), equivalent to the fees due for 48 tonnes
                     of highly migratory and related species caught each year.
           4. The final statement of the fees due for year n shall be drawn up by the European Commission by 31 July of year n + 1
               at the latest, on the basis of the catch declarations made by each shipowner and confirmed by the scientific institutes
               responsible for verifying catch data in the Member States, such as the Institut de Recherche pour le Développement (IRD),
               the Instituto Español de Oceanografía (IEO) and the Instituto de Investigação das Pescas e do Mar (IPIMAR) via the Euro-
               pean Commission Delegation.
           5. This statement shall be sent simultaneously to the Ministry responsible for fisheries in Mozambique and to the
               shipowners.
           6. Any additional payment shall be made by the shipowner to the competent Mozambican national authorities by
               30 August of the following year to the bank account specified in point 7 of Section 1 of this Chapter.
           7. However, if the amount of the final statement is lower than the advance referred to in point 3 of this Section, the result-
               ing balance shall not be reimbursable to the shipowner.
                                                                      CHAPTER II
                                                                    Fishing zones
           Community vessels may carry out fishing activities only beyond 12 nautical miles from the baseline in accordance with the
           fishing zone defined in Appendix 4.
                                                                     CHAPTER III
                                                           Catch reporting arrangements
           1.     For the purposes of this Annex, the duration of a fishing trip by a Community vessel shall be defined as follows:
                  —     the period elapsing between entering and leaving Mozambique’s fishing zone, or
                  —     the period elapsing between entering Mozambique’s fishing zone and a transhipment in port and/or a landing in
                        Mozambique.
 ---pagebreak--- L 331/44          EN                              Official Journal of the European Union                                                 17.12.2007
         2.    All vessels authorised to fish in Mozambican waters under the Agreement shall be obliged to notify the Ministry
               responsible for fisheries in Mozambique of their catches so that the Mozambican authorities can check the quantities
               caught, which shall be validated by the competent scientific institutes in accordance with the procedure referred to in
               point 4 of Section 2 of Chapter I of this Annex. Catches shall be notified as follows:
         2.1. during an annual period of validity of the licence within the meaning of point 1 of Section 2 of Chapter I of this Annex,
               declarations shall indicate the catches made by the vessel during each trip. The original of the declarations shall be
               transmitted on a physical medium to the Ministry responsible for fisheries in Mozambique within 30 days following
               the end of the last trip made during the period. At the same time, a copy thereof shall be sent by fax or electronic mail
               to the flag Member State and to the Ministry responsible for fisheries of Mozambique;
         2.2. vessels shall declare their catches on the corresponding form in the logbook, in accordance with the specimen in
               Appendix 2. The words ‘Outside Mozambique’s fishing zone’ shall be entered in the logbook in respect of periods dur-
               ing which the vessel is not in Mozambican waters;
         2.3. the forms shall be filled in capital letters and legibly, and signed by the master of the vessel or by his or her legal
               representative.
         3.    Where the provisions set out in this Chapter are not complied with, the Mozambican Government reserves the right
               to suspend the fishing licence of the offending vessel until formalities have been completed and to apply to the ship-
               owner the penalty laid down in current Mozambican legislation. The European Commission and the flag Member State
               shall be informed thereof.
                                                                  CHAPTER IV
                                                          Transhipment and landings
         The Parties shall cooperate with a view to improving landing or transhipment options in Mozambican ports.
                                                                  CHAPTER V
                                                              Embarking seamen
         1. Shipowners undertake to employ, for the tuna-fishing season in Mozambique’s fishing zone, at least 20 % of seamen of
             ACP origin, of which, if possible, at least 40 % are Mozambican.
         2. Shipowners shall endeavour to sign on additional seamen of ACP origin.
         3. The International Labour Organisation (ILO) Declaration on Fundamental Principles and Rights at Work shall apply as
             of right to seamen signed on by Community vessels. This concerns in particular the freedom of association and the effec-
             tive recognition of the right to collective bargaining, and the elimination of discrimination in respect of employment
             and occupation.
         4. The employment contracts of Mozambican seamen shall be drawn up in accordance with point 1 of this Chapter
             between the shipowners’ representative(s) and the seamen and/or their trade unions or representatives. A copy of these
             contracts shall be given to the signatories. These contracts shall guarantee the seamen the social security cover appli-
             cable to them, including life insurance, and sickness and accident insurance.
         5. The wages of the seamen shall be paid by the shipowners. They shall be fixed by mutual agreement among the ship-
             owners or their representatives and the authorities of the relevant ACP country prior to issuing fishing licences. How-
             ever, the wage conditions granted to Mozambican seamen shall not be lower than those applicable to crews from
             Mozambique and shall under no circumstances be below ILO standards.
                                                                  CHAPTER VI
                                                              Technical measures
         Vessels shall comply with the measures and recommendations adopted or to be adopted by regional fishing organisations to
         which the Parties are members concerning fishing methods, their technical specifications and all other technical measures
         applicable to their fishing activities.
 ---pagebreak--- 17.12.2007          EN                             Official Journal of the European Union                                                 L 331/45
                                                                    CHAPTER VII
                                                                     Observers
           1. Vessels authorised to fish in Mozambican waters under the Agreement shall take on board observers appointed by the
               IOTC with prior communication thereof to the Mozambican authorities.
           2. The conditions under which observers are taken on board shall be agreed between shipowners or their representatives
               and the competent authority.
           3. At the end of the observation period and before leaving the vessel, observers shall draw up an activity report to be trans-
               mitted to the competent authorities, with copies thereof to the Mozambican Fisheries Administration and the vessel’s
               captain.
                                                                   CHAPTER VIII
                                                                     Monitoring
           1.    Entering and leaving the zone
           1.1. Community vessels shall notify, at least three hours in advance, the competent Mozambican authorities responsible
                 for monitoring fishing of their intention to enter or leave Mozambique’s fishing zone and declare overall quantities
                 and species on board.
           1.2. When notifying leaving, vessels shall also communicate their position. This information should preferably be com-
                 municated by fax or, for vessels not equipped with a fax, by radio or electronic mail.
           1.3. Vessels found to be fishing without having notified their entry or found to have left without notifying their exit to the
                 Mozambican fisheries administration shall be regarded as vessels in breach of the legislation.
           1.4. Vessels shall be informed of the fax, telephone numbers and e-mail address when the fishing licence is issued.
           2.    Control procedures
           2.1. The Mozambican authorities may allow an agent on board to inspect fishing activities.
           2.2. The master of the vessel shall make the existing communication media available to the monitoring agent, authorise
                 access to all the vessel compartments and permit the collection of samples.
           2.3. The master of the vessel shall provide food, accommodation and medical assistance on the same conditions as for the
                 vessel’s officers.
           2.4. These officials shall not remain on board for longer than is necessary for the discharge of their duties.
           2.5. Once the inspection has been completed, the agent shall prepare a report, of which a copy shall be given to the master
                 of the vessel.
           3.    Satellite monitoring
           3.1. All Community vessels fishing under this Agreement shall be subject to satellite monitoring in line with Appendix 3
                 — VMS protocol.
           4.    Boarding
           4.1. The competent Mozambican authorities shall inform the flag State and the European Commission, within no more
                 than 24 hours, of all boardings and penalties imposed on Community vessels in Mozambique’s fishing area.
           4.2. In the event of boarding of the vessel, the latter may be, on request, immediately released if, within 72 hours, the mas-
                 ter or the owner of the vessel pays a guarantee to be established on the basis of the relevant Mozambican legislation.
           4.3. In the event of an infringement procedure, notification thereof shall be sent to the Delegation of the European Com-
                 mission, the flag State and the owner of the vessel with a brief report of the circumstances and reasons leading to the
                 boarding.
 ---pagebreak--- L 331/46         EN                                Official Journal of the European Union                                             17.12.2007
         5.   Notice
         5.1. The master of the vessel shall sign the notice drawn up by the competent Mozambican authority for the occurrence.
         5.2. This signature shall not prejudice the rights or any defence which the master may make to the alleged infringement. If
              the master refuses to sign this document, he or she shall specify the reasons for doing so in writing and the inspector
              shall write ‘refusal to sign’ on it.
         5.3. If the infringement is considered serious according to Mozambican law, the master shall take the vessel to the port
              indicated by the Mozambican authorities.
         6.   Statements
         6.1. After the notice and the statement of boarding have been drawn up, the competent bodies shall designate an investi-
              gating officer who shall notify the alleged offender, the European Commission and the flag State’s representative to
              allow them to make statements or provide evidence in their favour at a date and time indicated by them.
         7.   Settlement
         7.1. The launch of a fishery infringement procedure shall be decided over a maximum period of 35 days as of the date in
              which the relevant investigating officer is designated. Whenever the complexity of the fishery infringement procedure
              so requires, the deadline specified in the above point may be prorogated by one period of 30 working days.
         8.   Transhipment
         8.1. All Community vessels wishing to tranship catches in Mozambique’s ports or port areas shall provide the competent
              Mozambican authorities with at least 24 hour’s notice and await their prior authorisation.
         8.2. For the purposes of assessing the transhipment request, the shipowners of these vessels shall indicate the following:
              —     the port of transhipment,
              —     the place where the operation shall take place, the date and time of transhipment,
              —     the name of the fishing vessel or of other vessel involved in transhipment,
              —     the tonnage by species to be transhipped.
         8.3. Transhipment shall be considered as an exit from Mozambique. The vessels shall submit their catch declarations to the
              Mozambican competent authorities and state whether they intend to continue fishing or leave Mozambique’s fishing
              zone.
         8.4. Any transhipment of catches not covered above shall be prohibited in Mozambique’s fishing zone. Any person infring-
              ing this provision shall be liable to the penalties provided for by the Mozambican legislation in force.
         8.5. The masters of Community vessels engaged in landing and transhipment operations in a Mozambican port shall allow
              and facilitate the inspection of such operations by Mozambican inspectors. Once the inspection and control in port
              have been completed, an inspection report shall be issued and a copy thereof given to the master of the vessel.
 ---pagebreak--- 17.12.2007       EN                            Official Journal of the European Union L 331/47
                                                               Appendices
           1. Fishing licence application form
           2. Logbook for tuna fishing
           3. VMS Protocol
           4. Mozambique’s fishing zone coordinates
 ---pagebreak--- L 331/48       EN                    Official Journal of the European Union                   17.12.2007
                                                   APPENDIX 1
           FISHING LICENCE APPLICATION MODEL FORM FOR INDUSTRIAL, SEMI-INDUSTRIAL FISHING AND
                                       RELATED FISHING OPERATIONS
                                          (PURSUANT TO ARTICLE 139)
         Recto
 ---pagebreak--- 17.12.2007       EN Official Journal of the European Union L 331/49
           Verso
 ---pagebreak--- L 331/50                                  EN   Official Journal of the European Union   17.12.2007
               Logbook for tuna fishery
  APPENDIX 2
 ---pagebreak--- 17.12.2007         EN                              Official Journal of the European Union                                                 L 331/51
                                                                   APPENDIX 3
                                                                VMS PROTOCOL
               Setting out the provisions applicable to satellite monitoring of Community fishing vessels operating in
                                                          Mozambique’s fishing zone
           1.  The provisions of this Protocol supplement the Protocol setting out the fishing opportunities and financial contribu-
               tion provided for in the Fisheries Partnership Agreement between the European Community and the Republic of
               Mozambique for the period from 1 January 2007 to 31 December 2011 and apply in accordance with point 5 of ‘Chap-
               ter VIII — Monitoring’ in the Annex thereto.
           2.  All fishing vessels with an overall length exceeding 15 metres operating under the Fisheries Agreement between the
               European Community and Mozambique shall be monitored by satellite when fishing in Mozambique’s fishing zone.
               For the purposes of satellite monitoring, the latitude and longitude coordinates of the Mozambique’s fishing zone are
               given in Appendix 4.
               The Mozambican authorities shall transmit this information in electronic form, expressed in decimal degrees in the
               WGS 84 system.
           3.  The Parties shall exchange information on the specifications for electronic data transmission between their Control Cen-
               tres in accordance with points 5 and 7. Such information shall include, as far as possible, names, telephone, telex and
               fax numbers, and e-mail addresses (Internet or X.400) which may be used for general communications between Con-
               trol Centres.
           4.  The position of vessels shall be determined with a margin of error of less than 500 metres and a confidence interval of
               99 %.
           5.  When a vessel which is fishing under the Agreement and is the subject of satellite monitoring pursuant to Community
               legislation enters Mozambique’s fishing zone, the subsequent position reports (vessel identification, longitude, latitude,
               course and speed) shall be transmitted immediately by the Control Centre of the flag State to Mozambique’s Fisheries
               Monitoring Centre (FMC) at two-hour intervals. The messages concerned shall be identified as position reports.
           6.  The messages referred to in point 5 shall be sent by electronic mail according to the Internet security protocol or other
               security protocol. They shall be sent in real time in the format set out in Table II.
           7.  Where the continuous satellite monitoring equipment installed on board a fishing vessel develops a technical fault or
               breaks down, the master of the vessel shall transmit the information specified in point 5 to the Control Centre of the
               flag State and Mozambique’s FMC in good time. It will be necessary in those circumstances to send a global position
               report on a nine-hourly basis. This global position report shall include the position reports as recorded by the master
               of the vessel on a three-hourly basis in accordance with the requirements laid down in point 5.
               The Control Centre of the flag State shall send these messages to Mozambique’s FMC. The faulty equipment shall be
               repaired or replaced within a period of not more than thirty calendar days. After this deadline, the vessel in question
               must leave Mozambique’s fishing zone.
           8.  The Control Centres of the flag States shall monitor the movements of their vessels in Mozambican waters. If the ves-
               sels are not being monitored in accordance with the conditions laid down, Mozambique’s FMC shall be informed as
               soon as this is discovered and the procedure laid down in point 7 shall be applicable.
           9.  If Mozambique’s FMC establishes that the flag State is not transmitting the information specified in point 5, the com-
               petent European Commission departments shall be informed immediately.
           10. The monitoring data communicated to the other party in accordance with these provisions is intended solely for the
               purposes of the Mozambican authorities in controlling and monitoring the Community fleet fishing under the Fisher-
               ies Agreement between the European Community and Mozambique. Such data may not under any circumstances be
               communicated to other parties.
           11. The satellite monitoring system software and hardware components shall be reliable and shall not permit the input or
               output of false positions or be capable of being manually overridden.
 ---pagebreak--- L 331/52          EN                                 Official Journal of the European Union                                              17.12.2007
               The system shall be fully automatic and operational at all times regardless of environmental and weather conditions.
               Destroying, damaging, rendering inoperative or tampering with the satellite monitoring system shall be prohibited.
               The master of the vessel shall ensure that:
               —     data are not altered in any way,
               —     the antenna or antennas connected to the satellite monitoring equipment are not obstructed,
               —     the power supply of the satellite monitoring equipment is not interrupted, and
               —     the satellite monitoring equipment is not removed from the vessel.
         12. The Parties agree to exchange upon request information on the equipment used for satellite monitoring, in order to
               ensure that each piece of equipment is fully compatible with the requirements of the other Party for the purposes of
               these provisions.
         13. Any dispute over the interpretation or application of these provisions shall be the subject of consultation between the
               Parties within the Joint Committee provided for in Article 9 of the Agreement.
         14. The Parties agree to review these provisions, as appropriate.
                                                Transmission of VMS messages to Mozambique
                                                                   Position report
                                                            Mandatory/
                 Data Element                Code                                                       Notes
                                                              Optional
         Start record                         SR                M            System detail — indicates start of record
         Recipient                            AD                M            Message detail — recipient. Alpha 3 ISO country code
         Sender                               EN                M            Message detail — sender. Alpha 3 ISO country code
         Flag State                           FS                O
         Type of message                      TM                M            Message detail — Message type ‘POS’
         Radio call sign                      RC                M            Vessel detail — international radio call sign of vessel
         Contracting party internal           IR                O            Unique contracting party number (flag State ISO-3 code fol-
         reference number                                                    lowed by number)
         External registration                XR                M            Vessel detail — number marked on side of vessel
         number
         Latitude expressed in                LT                M            Vessel position detail — position in degrees, minutes and
         ‘decimal numbers’                                                   seconds N/S +/- DD.ddd (WGS-84)
         Longitude expressed in               LG                M            Vessel position detail — position in degrees, minutes and
         ‘decimal numbers’                                                   seconds E/W +/- DD.ddd (WGS-84)
         Course                               CO                M            Vessel course 360° scale
         Speed                                SP                M            Vessel speed in tenths of knots
         Date                                 DA                M            Vessel position detail — date of record of TUC position
                                                                             (YYYYMMDD)
         Time                                 TI                M            Vessel position detail — time of record of TUC position
                                                                             (HHMM)
         End record                           ER                M            System detail — indicates end of record
         Character set: ISO 8859.1
         Each data transmission is structured as follows:
         —     a double slash (//) and field code indicate the start of the message,
         —     a single slash (/) separates the field code and the data.
         Optional data elements have to be inserted between the start and end of the record.
 ---pagebreak--- 17.12.2007 EN Official Journal of the European Union L 331/53 ---pagebreak--- L 331/54 EN     Official Journal of the European Union 17.12.2007
                              APPENDIX 4
            COORDINATES OF MOZAMBIQUE’S FISHING ZONE