CELEX: 22012A0217(01)
Language: en
Date: 2012-02-01 00:00:00
Title: Protocol setting out the fishing opportunities and the financial contribution provided for by the Fisheries Partnership Agreement between the European Community and the Republic of Mozambique

L 46/4                 EN                          Official Journal of the European Union                                          17.2.2012
                                                                PROTOCOL
                setting out the fishing opportunities and the financial contribution provided for by the Fisheries
                   Partnership Agreement between the European Community and the Republic of Mozambique
                              Article 1                                    contribution for access rights shall be EUR 65 for each
                                                                           additional tonne caught. However, the total annual amount
        Period of application and fishing opportunities                    paid by the European Union shall not be more than twice
1.     For a period of three (3) years, the fishing opportunities          the amount indicated in paragraph 2(a) (i.e. EUR 1 040 000).
granted under Article 5 of the Fisheries Partnership Agreement             Where the quantities caught by European Union vessels in the
shall be as follows:                                                       Mozambique fishing zone exceed the quantities corresponding
                                                                           to twice the total annual amount, the amount due for the
                                                                           quantity exceeding that limit shall be paid the following year
Highly migratory species (species listed in Annex 1 to the 1982            in line with the provisions of the Annex.
United Nations Convention on the Law of the Sea):
(a) 43 ocean-going tuna seiners; and                                       6.     Payment shall be made no later than 60 days after this
                                                                           Protocol’s provisional application as referred in article 15 for
                                                                           the first year, and no later than the anniversary date of this
(b) 32 surface longliners.                                                 Protocol for the following years.
2.     Paragraph 1 shall apply subject to Articles 5 and 6 of this         7.     Mozambique shall have full discretion regarding the use to
Protocol.                                                                  which the financial contribution specified in Article 2 paragraph
                                                                           2(a) is put.
3.     Under Article 6 of the Fisheries Partnership Agreement,
and Article 7 of this Protocol, vessels flying the flag of a
Member State of the European Union may engage in fishing                   8.     The financial contribution shall be paid or transferred into
activities in Mozambique waters only if they are on the list of            the single central treasury account. The account number shall be
authorised fishing vessels of IOTC and in possession of a fishing          provided by the Mozambique authorities.
authorisation issued under the conditions established in this
Protocol in accordance with the Annex thereto.                                                           Article 3
                                                                           Promoting responsible fishing and sustainable fisheries in
                              Article 2
                                                                                                  Mozambique’ waters
        Financial contribution — Methods of payment
                                                                           1.     As soon as this Protocol enters into force and no later
1.     For the period referred to in Article 1, the total financial        than three months after that date, the European Union and
contribution referred to in Article 7 of the Fisheries Partnership         Mozambique shall agree, within the Joint Committee provided
Agreement shall be EUR 2 940 000 for the whole duration of                 for in Article 9 of the Fisheries Partnership Agreement, on a
this Protocol.                                                             multiannual sectoral program, according with the Mozambique
                                                                           Fisheries Masterplan and European Commission policy
                                                                           framework, and detailed implementing rules covering, in
2.     The total financial contribution shall comprise:                    particular:
(a) an annual amount for access to Mozambique fishing zone
    of EUR 520 000 equivalent to a reference tonnage of 8 000              (a) annual and multiannual guidelines for using the specific
    tonnes per year; and                                                       amount of the financial contribution referred to in
                                                                               Article 2 paragraph 2(b);
(b) a specific amount of EUR 460 000 per year for the support
    and implementation of Mozambique’ sectoral fisheries                   (b) the objectives, both annual and multiannual, to be achieved
    policy and maritime policy.                                                with a view to introduce responsible fishing and sustainable
                                                                               fisheries, taking account of the priorities expressed by
                                                                               Mozambique in its national fisheries policy, and other
3.     Paragraph 1 shall apply subject to Articles 3, 5, 6, 8 and 9
                                                                               policies relating to or having an impact on the promotion
of this Protocol.
                                                                               of responsible fishing and sustainable fisheries, including
                                                                               marine protected areas;
4.     The European Union shall pay the financial contribution
referred to in paragraph 1 at the rate of EUR 980 000 per year
during the period of application of this Protocol, corresponding           (c) criteria and procedures including where appropriate
to the total amount fixed in paragraph 2(a) and 2(b) of this                   budgetary and financial indicators, for evaluating the
Article (i.e. respectively EUR 520 000 and EUR 460 000)                        results obtained each year.
5.     If the overall quantity of catches of tuna by European              2.     Any proposed amendments to the multiannual sectoral
Union vessels in Mozambique fishing zone exceeds 8 000                     programme must be approved by both Parties within the
tonnes per year, the amount of the annual financial                        Joint Committee.
 ---pagebreak--- 17.2.2012             EN                          Official Journal of the European Union                                            L 46/5
3.    Each year, Mozambique may allocate, if necessary, an                of the Fisheries Partnership Agreement, the Parties shall consult
additional amount to the financial contribution referred to in            each other before any possible authorisation is granted for any
Article 2 paragraph 2(b) with a view to implementing the multi­           such activities and, where appropriate, agree on the conditions
annual programme. This allocation shall be notified to the                for such fishing including effecting corresponding amendments
European Union.                                                           to this Protocol and the Annex thereto.
                              Article 4                                   2.    The Parties should encourage experimental fishing,
         Scientific cooperation on responsible fishing                    especially relating to under exploited deep water species,
                                                                          present in Mozambique waters. To this end, and at the
1.    The two Parties hereby undertake to promote responsible             request of one Party, the Parties shall consult each other with
fishing in Mozambique waters based on the principle of non-               a view to determining on a case by case basis, the species,
discrimination between the different fleets fishing in those              conditions and other parameters that are relevant.
waters.
2.    During the period covered by this Protocol, the European            3.    The Parties shall carry out experimental fishing in
Union and Mozambique shall endeavour to monitor the state of              accordance with parameters that will be agreed by both
fishery resources in the Mozambique’s fishing zone.                       Parties in an administrative arrangement where appropriate.
                                                                          The authorisations for experimental fishing should be agreed
                                                                          for a maximum period of 6 months.
3.    Both Parties shall endeavour to respect the resolutions and
recommendations of the Indian Ocean Tuna Commission
(IOTC) and, the advice of the joint scientific working group              4.    In the event that the Parties consider that experimental
provided for by Article 4 paragraph 2 of the Agreement,                   campaigns have given positive results, the Government of
regarding conservation and responsible management of                      Mozambique may allocate fishing possibilities of the new
fisheries.                                                                species to the European Union fleet until the expiration of
                                                                          this Protocol. The financial compensation mentioned in
4.    In accordance with article 4 of the Agreement, based on             Article 2 paragraph 2(a) of this Protocol shall consequently be
the recommendations and resolutions taken within the IOTC,                increased. Ship-owners’ fees and conditions as provided for in
and the best available scientific advice and, where appropriate,          the Annex shall be amended accordingly.
the results of the joint scientific meeting provided for by
Article 4 of the Fisheries Partnership Agreement, the two
Parties may consult each other within the Joint Committee                                              Article 7
provided for in Article 9 of the Fisheries Partnership                    Conditions governing fishing activities — Exclusivity
Agreement and, where necessary, agree on the measures to                                                clause
ensure sustainable management of Mozambique’ fisheries
resources.                                                                Without prejudice to Article 6 of the Fisheries Partnership
                                                                          Agreement, European Union vessels may fish in Mozambique
                                                                          waters only if they are in possession of a valid fishing auth­
5.    In case EU vessels land their catch in third countries,             orisation issued by Mozambique under this Protocol and the
Mozambique authorities will have the possibilities of                     Annex thereto.
observing these landings.
                              Article 5                                                                Article 8
Adjustment of fishing opportunities by mutual agreement                   Suspension and review of the payment of the financial
                                                                                                    contribution
1.    The fishing opportunities referred to in Article 1 may be
adjusted by mutual agreement in so far as the recommendations             1.    Notwithstanding the provisions laid out in Article 9 of
and resolutions of IOTC and the joint scientific working group            this Protocol, the financial contribution referred to in
support that such an adjustment will secure the sustainable               Article 2 paragraph 2(a) and (b) shall be reviewed or
management of tuna and tuna-like species in the Indian Ocean.             suspended after consultation between the two Parties:
2.    In this case the financial contribution referred to in              (a) if fishing activities in Mozambique fishing zone are
Article 2 paragraph 2(a) shall be adjusted proportionately and                prevented for reasons other than natural phenomena;
pro rata temporis. However, the total annual amount paid by the
European Union shall not be more than twice the figure
indicated in Article 2 paragraph 2(a).                                    (b) following significant changes in the policy guidelines of
                                                                              either one of the Parties affecting the relevant provisions
3.    Both Parties shall notify each other of any changes in their            of this Protocol.
respective fisheries policy and legislation.
                                                                          2.    Sectoral policy support results and value for money
                              Article 6                                   performances will be assessed by the Government of
                   New fishing opportunities                              Mozambique or by an external evaluator to be procured by
                                                                          the government of the Mozambique. The results of this
1.    In the event that European Union fishing vessels become             annual evaluation will be analysed in the framework of the
interested in engaging in fisheries not provided for in Article 1         Joint Committee as provided for in Article 3 of this Protocol.
 ---pagebreak--- L 46/6                 EN                        Official Journal of the European Union                                           17.2.2012
Consequently if the performances of the sectoral policy support          of the financial contribution shall be reduced proportionately
are found to be materially inconsistent with the budgeted                and pro rata temporis according to the period during which
program, the European Commission may suspend, totally or                 implementation of this Protocol was suspended.
partially, the payment of the specific contribution provided
for in article 2 paragraph 2(b).
                                                                                                      Article 10
                                                                                                    National law
3.     Payment of the financial contribution and/or fishing
activities may recommence once the situation has returned to             1.    The activities of European Union fishing vessels in
the status prior to the occurrence of the abovementioned                 Mozambique’s waters are subject to the laws and regulations
circumstances and if the two Parties agree to do so following            of Mozambique unless otherwise provided under this Protocol
consultation.                                                            and the Annex thereto.
                               Article 9                                 2.    The authorities of Mozambique shall inform the European
                                                                         Commission of any changes or new legislation regarding the
      Suspension of the implementation of the Protocol                   fishery policy.
1.     Implementation of this Protocol shall be suspended at the
initiative of either one of the Parties subject to consultations                                      Article 11
between and agreement of the Parties within the Joint
Committee provided for in Article 9 of the Agreement:                                              Confidentiality
                                                                         The Parties shall ensure that, at any time, all data relating to EU
(a) if exceptional circumstances, other than natural phenomena,          vessels and their fishing activities in the Mozambican waters will
     prevent fishing activities in Mozambique fishing zone;              be treated as confidential. These data are used exclusively for the
                                                                         implementation of the Agreement and for the purposes of
                                                                         fisheries management, monitoring, control and surveillance
(b) in case the European Union fails to make the payments                with the relevant competent authorities.
     provided for in Article 2, paragraph 2 (a) for reasons not
     covered by Article 8 of this Protocol;
                                                                                                      Article 12
                                                                                           Electronic exchanges of data
(c) where a dispute arises between the Parties over the inter­
     pretation and implementation of this Protocol and the               Mozambique and the European Union will undertake to
     Annex thereto which cannot be settled;                              implement without delay the necessary systems for the elec­
                                                                         tronic exchange of all information and documents related to
                                                                         the implementation of the Agreement. The electronic form of
(d) if either one of the Parties does not respect the provisions         a document at any point will be considered equivalent to the
     laid out by this Protocol and the Annex thereto;                    paper version.
(e) following significant changes in the policy guidelines of            Both Parties will immediately notify any disruption of a
     either one of the Parties affecting the relevant provisions         computer system impeding such exchanges. In those circum­
     of this Protocol;                                                   stances, the information and documents related to the imple­
                                                                         mentation of the Agreement shall be automatically replaced by
                                                                         their paper version in the manner defined in the Annex.
(f) if either one of the Parties ascertains a breach of essential
     and fundamental elements on human rights as laid out by
     Article 9 of the Cotonou Agreement, and following the                                            Article 13
     procedure set out in Articles 8 and 96 thereof;                                                  Duration
                                                                         This Protocol and the Annex thereto shall apply for a period of
(g) in case of non-compliance with the International Labour              three (3) years from its provisional application as determined in
     Organisation Declaration on Fundamental Principles and              Article 15, unless notice of termination is given in accordance
     Rights at Work as provided in Article 3, paragraph 5 of             with Article 14.
     the Fisheries Partnership Agreement.
                                                                                                      Article 14
2.     Suspension of implementation of this Protocol shall
require the Party concerned to notify its intention in writing                                      Termination
at least three months before the date on which the suspension            1.    In the event of termination of this Protocol, the Party
is due to take effect.                                                   concerned shall notify the other Party in writing of its
                                                                         intention to terminate it at least six months before the date
                                                                         on which such termination should take effect.
3.     In the event of suspension of implementation, the Parties
shall continue to consult with a view to finding an amicable
settlement to their dispute. Where such settlement is reached,           2.    Dispatch of the notification referred to in the previous
implementation of this Protocol shall resume and the amount              paragraph shall open consultations by the Parties.
 ---pagebreak--- 17.2.2012        EN                          Official Journal of the European Union                                     L 46/7
                                                            Article 15
                                                    Provisional application
          This Protocol shall be applied provisionally from the date of its signature but not earlier than 1 January
          2012.
                                                            Article 16
                                                        Entry into force
          This Protocol with its Annex shall enter into force on the date on which the Parties notify each other of the
          completion of the procedures necessary for that purpose.
 ---pagebreak--- L 46/8         EN                           Official Journal of the European Union              17.2.2012
       Съставено в Брюксел на първи февруари две хиляди и дванадесета година.
       Hecho en Bruselas, el uno de febrero de dos mil doce.
       V Bruselu dne prvního února dva tisíce dvanáct.
       Udfærdiget i Bruxelles den første februar to tusind og tolv.
       Geschehen zu Brüssel am ersten Februar zweitausendzwölf.
       Kahe tuhande kaheteistkümnenda aasta veebruarikuu esimesel päeval Brüsselis.
       Έγινε στις Βρυξέλλες, την πρώτη Φεβρουαρίου δύο χιλιάδες δώδεκα.
       Done at Brussels on the first day of February in the year two thousand and twelve.
       Fait à Bruxelles, le premier février deux mille douze.
       Arna dhéanamh sa Bhruiséil, an chéad lá de Feabhra an bhliain dhá mhíle agus a dó dhéag.
       Fatto a Bruxelles, addì primo febbraio duemiladodici.
       Briselē, divtūkstoš divpadsmitā gada pirmajā februārī.
       Priimta du tūkstančiai dvyliktų metų vasario pirmą dieną Briuselyje.
       Kelt Brüsszelben, a kétezer-tizenkettedik év február havának első napján.
       Magħmul fi Brussell, fl-ewwel jum ta' Frar tas-sena elfejn u tnax.
       Gedaan te Brussel, de eerste februari tweeduizend twaalf.
       Sporządzono w Brukseli dnia pierwszego lutego roku dwa tysiące dwunastego.
       Feito em Bruxelas, em um de fevereiro de dois mil e doze.
       Întocmit la Bruxelles la întâi februarie două mii doisprezece.
       V Bruseli dňa prvého februára dvetisícdvanásť.
       V Bruslju, dne prvega februarja leta dva tisoč dvanajst.
       Tehty Brysselissä ensimmäisenä päivänä helmikuuta vuonna kaksituhattakaksitoista.
       Som skedde i Bryssel den första februari tjugohundratolv.
 ---pagebreak--- 17.2.2012         EN                       Official Journal of the European Union L 46/9
          За Европейския съюз
          Por la Unión Europea
          Za Evropskou unii
          For Den Europæiske Union
          Für die Europäische Union
          Euroopa Liidu nimel
          Για την Ευρωπαϊκή Ένωση
          For the European Union
          Pour l'Union européenne
          Per l'Unione europea
          Eiropas Savienības vārdā –
          Europos Sąjungos vardu
          Az Európai Unió részéről
          Għall-Unjoni Ewropea
          Voor de Europese Unie
          W imieniu Unii Europejskiej
          Pela União Europeia
          Pentru Uniunea Europeană
          Za Európsku úniu
          Za Evropsko unijo
          Euroopan unionin puolesta
          För Europeiska unionen
          За правителството на Мозамбик
          Por el Gobierno de Mozambique
          Za vládu Mosambiku
          For Mozambiques regering
          Für die Regierung Mosambiks
          Mosambiigi valitsuse nimel
          Για την Κυβέρνηση της Μοζαμβίκης
          For the Government of Mozambique
          Pour le gouvernement du Mozambique
          Per il governo del Mozambico
          Mozambikas valdības vārdā –
          Mozambiko Vyriausybės vardu
          Mozambik kormánya részéről
          Għall-Gvern tal-Możambik
          Voor de regering van Mozambique
          Pelo Governo de Moçambique
          W imienu rządu Mozambiku
          Pentru guvernul Mozambicului
          Za vládu Mozambiku
          Za vlado Mozambika
          Mosambikin tasavallan puolesta
          För Moçambiques regering
 ---pagebreak--- L 46/10           EN                              Official Journal of the European Union                                                17.2.2012
                                                                    ANNEX
        CONDITIONS FOR THE EXERCISE OF FISHING ACTIVITIES BY EUROPEAN UNION VESSELS IN THE
                                                    FISHING ZONE OF MOZAMBIQUE
                                                                  CHAPTER I
                                                          GENERAL PROVISIONS
         1. Designation of competent authority
            For the purposes of this Annex and notwithstanding any indication to the contrary, any reference to the European
            Union (EU) or to Mozambique as a competent authority shall mean:
            — for the EU: the European Commission, where applicable via the EU Delegation in Mozambique,
            — for Mozambique: the Ministry of Fisheries.
         2. Mozambique’s fishing zone
            All the provisions of the Protocol and its Annex apply exclusively in the fishing zone of Mozambique as indicated in
            Appendix 2.
         3. Appointment of a local agent
            Any EU vessel which plans to obtain a fishing authorisation under the present Protocol should be represented by a
            consignee resident in Mozambique.
         4. Bank account
            Mozambique shall notify the EU before the entry into force of the Protocol of the details of the bank account(s) into
            which the financial sums payable by EU vessels under the Agreement should be paid. The inherent costs linked to
            bank transfers shall be borne by ship-owners.
                                                                  CHAPTER II
                                                    TUNA FISHING AUTHORISATIONS
         1. Condition for obtaining a tuna fishing authorisation — eligible vessels
            The tuna fishing authorisations referred to in Article 6 of the Agreement shall be issued on the condition that the
            vessel is included in the EU register of fishing vessels in the list of authorised fishing vessels of the IOTC and that all
            previous obligations of the ship-owner, the master, or the vessel itself arising out of fishing activities in Mozambique
            under the Agreement and the Mozambican fisheries legislation have been met.
         2. Application for a fishing authorisation
            The EU shall submit to Mozambique an application for a fishing authorisation in respect of any vessel wishing to fish
            under the Agreement at least 20 working days before the start of the period of validity requested using the form
            attached to this Annex as Appendix 1. The application must be typed or legibly written in block capitals.
            For each initial application for a fishing authorisation on the basis of the Protocol in force, or following a technical
            change to the vessel concerned, the application shall be accompanied by:
               (i) the proof of payment of the advance payment fee for the period of validity of the fishing authorisation
                   requested;
              (ii) the name, address and contact of:
                   — the owner of the fishing vessel,
                   — the operator of the fishing vessel,
                   — the local consignee for the vessel, where there is one;
             (iii) a recent colour photograph of the vessel, showing a lateral view, and at least 15 cm x 10 cm in size;
             (iv) the seaworthiness certificate of the vessel;
              (v) the registration certificate of the vessel;
             (vi) the health certificate of the vessel, delivered by the EU competent authority;
            (vii) the contact details of the fishing vessel (fax, e-mail, etc.).
 ---pagebreak--- 17.2.2012          EN                              Official Journal of the European Union                                                  L 46/11
             For renewal of a fishing authorisation under the Protocol in force for a vessel whose technical specifications have not
             been modified, the renewal application shall only be accompanied by proof of payment of the fee.
          3. Advance payment fee
             The amount of the advance payment fee is set on the basis of the annual rate specified in the technical sheets
             included in Appendix 2 to this Annex. It shall include all local and national taxes with the exception of port taxes,
             landing taxes, transhipment taxes and charges for the provision of services.
          4. Provisional list of vessels authorised to fish
             Once it has received the fishing authorisation applications, the national body responsible for supervising fishing
             activities shall immediately draw up, for each category of vessel, the provisional list of applicant vessels. This list shall
             be sent without delay to the EU by the Mozambique competent authority.
             The EU shall forward the provisional list to the ship-owner or to the consignee. If the EU offices are closed,
             Mozambique may send the provisional list directly to the ship-owner or their consignee with a copy to the EU.
          5. Issue of fishing authorisation
             Fishing authorisations for all vessels shall be issued to ship-owners or their consignee within 15 working days of
             receiving the full application by the competent authority. A copy of this fishing authorisation shall be sent
             immediately to the EU Delegation.
          6. List of vessels authorised to fish
             Once the fishing authorisation is issued, the national body responsible for supervising fishing activities shall draw up
             immediately for each category of vessel the final list of vessels which are authorised to fish in the Mozambique
             fishing zone. This list shall be sent immediately to the EU and shall replace the provisional list mentioned above.
          7. Period of validity of the fishing authorisation
             Fishing authorisations shall be valid for one year and be renewable.
             In order to establish the start of the period of validity, annual period shall mean:
               (i) for the first year of application of the Protocol, the period between the date of its entry into force and 31
                    December of the same year;
              (ii) then, each complete calendar year;
             (iii) for the last year of application of the Protocol, the period between 1 January and the date of expiry of the
                    Protocol;
             (iv) for the first and for the last year of the Protocol the advance payment fee should be calculated on the pro rata
                    temporis basis.
          8. Documents to be carried onboard
             While in Mozambique waters or in Mozambique port, the following documents must be carried on board fishing
             vessel at all times:
             (a) the fishing authorisation;
             (b) documents issued by a competent authority of the flag State of such fishing vessel, showing:
                   — the number under which the fishing vessel is registered, the vessel certificate of registry,
                   — conformity certificate provided for by the International Maritime Organisation (IMO) Torremolinos
                       Convention;
             (c) up-to-date certified drawings or descriptions of the layout of the fishing vessel and in particular, the number of
                   fish holds of the fishing vessels, with the storage capacity expressed in cubic metres;
             (d) if any modification was made to the characteristics of the fishing vessel with respect to its length overall, its gross
                   registered tonnage, the horsepower of its main engine or engines or its hold capacity, a certificate, certified by a
                   competent authority of the flag State of the fishing vessel, describing the nature of such modification;
             (e) if the fishing vessel is equipped with chilled or refrigerated sea-water tanks, a document certified by a competent
                   authority of the flag State of the vessel indicating the calibration of the tanks in cubic metres;
             (f) authorisation to fish outside the waters under the jurisdiction of the flag State issued in respect of the fishing
                   vessel;
             (g) a copy of Mozambique Fisheries Law (Law No 3/90) and Marine Fisheries Regulations (REPMAR Decree No
                   43/2003).
 ---pagebreak--- L 46/12         EN                               Official Journal of the European Union                                             17.2.2012
         9. Transfer of fishing authorisation
            The fishing authorisation shall be issued for a given vessel and shall not be transferable.
            However, where force majeure is proven, at the request of the EU, a vessel fishing authorisation may be replaced by a
            new authorisation, issued for another similar vessel or a substitute vessel, without payment of a new advance
            payment. In such case, the statement of fees for freezer tuna seiners and surface longliners in Chapter IV shall
            take into account the total catch of the two vessels in the zone of Mozambique.
            The transfer shall involve the fishing authorisation to be replaced being returned by the ship-owner or its consignee
            in Mozambique and the immediate drawing up by Mozambique of the replacement authorisation as soon as possible.
            The replacement authorisation shall be issued without further delay to the ship-owner or its consignee when the
            authorisation to be replaced is returned. The replacement authorisation shall take effect on the day on which the
            authorisation to be replaced is returned.
            Mozambique shall update the list of vessels authorised to fish as soon as possible. The new list shall be sent without
            delay to the national body responsible for supervising fishing, and to the EU.
        10. Support vessels
            Support vessels must be authorised in compliance with the provisions and conditions provided for in Mozambican
            legislation.
            The annual licence fee applicable for the support vessel is EUR 3 580 per year.
            The competent Mozambican authorities shall send the list of these authorisations to the Commission on a regular
            basis, via the Delegation of the EU in Mozambique.
                                                                 CHAPTER III
                                                         TECHNICAL MEASURES
        Technical measures applicable to the vessels holding a fishing authorisation, relating to the zone, fishing gear and
        additional catch, shall be defined for each fishing category in the technical sheets contained in Appendix 2 to this Annex.
        The vessels shall respect the fisheries legislation of Mozambique and all the resolutions adopted by the IOTC (Indian
        Ocean Tuna Commission).
                                                                 CHAPTER IV
                                                           CATCH REPORTING
         1. Definition of the fishing trip
            For the purposes of this Annex, the duration of a fishing trip by a EU vessel shall be defined as follows:
            — the period elapsing between entering and leaving Mozambique’s fishing zone, or
            — the period elapsing between entering Mozambique’s fishing zone and a transhipment in port and/or a landing in
                Mozambique.
         2. Fishing logbook
            The master of an EU vessel fishing under the Agreement shall keep an IOTC fishing logbook, for which the model
            for each category of fishing is included in Appendix 3 to this Annex.
            The fishing logbook must comply with IOTC resolution 08/04 for longliners and resolution 10/03 for purse seiners.
            The fishing logbook shall be completed by the master for each day the vessel is present in the fishing zone of
            Mozambique.
            Each day the master shall record in the fishing logbook the quantity of each species, identified by its code alpha 3 of
            the FAO, caught and kept on board, expressed in kilograms of live weight or, where necessary, the number of
            individual fish. For each main species, the master shall also mention the by-catch.
            The fishing logbook shall be filled in legibly, in block capitals, and shall be signed by the master.
            The master shall be responsible for the accuracy of the data recorded in the fishing logbook.
         3. Catch reporting
            The master shall notify the vessel’s catch by submitting to Mozambique its fishing logbooks for the period of its
            presence in the fishing zone of Mozambique.
 ---pagebreak--- 17.2.2012            EN                              Official Journal of the European Union                                            L 46/13
                The fishing logbooks shall be transmitted in one of the following ways:
                 (i) when passing through a port of Mozambique, the original of each fishing logbook shall be submitted to the local
                      representative of Mozambique, who shall confirm receipt thereof in writing; copy of the logbook shall be handed
                      over to the Mozambique inspection team;
               (ii) when leaving the fishing zone of Mozambique without first passing through a Mozambican port, the original of
                      each fishing logbook shall be sent within a period of seven working days after arrival in any other port, and in
                      any case within a period of 15 working days after leaving the Mozambican zone;
                (a) by e-mail, to the e-mail address given by the national body supervising fishing activities;
                (b) or by fax, to the number given by the national body supervising fishing activities;
                (c) or by the letter sent to the national body supervising fishing activities.
                The two Parties shall establish from the 1 January 2012 a protocol for the electronic exchange of all catch and
               reporting data based on an electronic logbook: the two Parties shall then plan the implementation of the protocol
               and the replacement of the paper version of the catch reporting with an electronic version by 1 July 2012.
                The master shall send a copy of all the fishing logbooks to the EU and its flag State competent authority. For tuna-
               fishing vessels and surface longliners, the master shall also send a copy of all the fishing logbooks to the Instituto
               Nacional de Investigação Pesqueira (IIP) and to one of the following scientific institutes:
                  (i) Institut de recherche pour le développement (IRD);
                 (ii) Instituto Español de Oceanografía (IEO);
               (iii) IPIMAR (Instituto Português de Investigação Maritima).
                The return of the vessel into the zone of Mozambique within the period of validity of its fishing authorisation shall
               give rise to further catch reporting.
                Where the provisions concerning catch reporting are not observed, Mozambique may suspend the fishing auth­
               orisation of the vessel concerned until the missing catch report is obtained and penalise the ship-owner in accordance
               with the relevant provisions under the national legislation in force. If the offence is repeated, Mozambique may refuse
               to renew the fishing authorisation. Mozambique shall inform the EU immediately of any sanction applied in this
               context.
            4. Final statement of fees for the tuna-fishing vessels and surface longliners
                For each ocean-going tuna seiner and surface longliner, the EU shall draw up, on the basis of its catch reporting
               confirmed by the above scientific institutes, a final statement of the fees owed by the vessel in respect of its annual
               season for the previous calendar year.
                The EU shall send this final statement to Mozambique and to the ship-owner before 31 July of the year in progress.
               Mozambique may contest the final statement, on the basis of documentary proof, within 30 working days of its
               being sent. In the case of disagreement, the Parties shall consult each other in the Joint Committee. If Mozambique
               does not object within 30 working days, the final statement shall be considered to be adopted.
                Where the final statement is greater than the anticipated flat-rate fee paid to obtain the fishing authorisation, the
               ship-owner shall pay the outstanding balance to Mozambique by 30 September of the year in progress. Where the
               final statement is less than the expected flat-rate fee, the remaining amount may not be reclaimed by the ship-owner.
                                                                     CHAPTER V
                                                      LANDINGS AND TRANSHIPMENTS
          Transhipments at sea are prohibited. All transhipment operations in port are monitored under the presence of
          Mozambican fishing inspectors.
          The master of an EU vessel wishing to land or to tranship must notify Mozambique, at least 48 hours before landing or
          transhipment, of the following:
          (a) the name of the fishing vessel which must land or tranship and its number in the IOTC record of fishing vessels;
          (b) the port of landing or transhipment;
          (c) the date and time scheduled for the landing or transhipment;
          (d) the quantity (expressed in kilograms of live weight or, if necessary, the number of individual fish) of each species to
               be landed or transhipped (identified by its FAO alpha 3 code);
 ---pagebreak--- L 46/14            EN                               Official Journal of the European Union                                            17.2.2012
        (e) in the case of transhipment, the name of the receiving vessel.
        For the receiving vessels, not later than 24 hours before the beginning and at the end of the transhipment, the master of
        the receiving carrier vessel shall inform the Mozambican authorities of the quantities of tuna and tuna-like species
        transhipped to his vessel and complete and transmit the transhipment declaration to the Mozambican authority
        within 24 hours.
        The transhipment operation is subject to a prior authorisation delivered by Mozambique to the captain or its consignee
        within 24 hours after the abovementioned notification. The transhipment operation must be carried out in a Mozambican
        port authorised for this purpose.
        The designated fishing ports where transhipment operations are permitted in Mozambique are Maputo, Beira and Nacala
        (ports declared to the IOTC under resolution 10/11 and as per PSME requirements).
        EU vessels landing in Mozambique port shall endeavour to make their by-catch available to the local processing
        companies at the local market price. Upon request from the EU fishing companies the Mozambican authorities shall
        provide a list and contact of the local processing companies.
        Non-compliance with these provisions shall lead to the application of the relevant sanctions provided for under the
        legislation of Mozambique.
                                                                  CHAPTER VI
                                                                   CONTROL
         1. Entering and leaving the zone
             Any entry into or departure from the fishing zone of Mozambique of an EU vessel holding a fishing authorisation
            must be notified to Mozambique within three hours of the entry or departure.
             When notifying its entry or departure, the vessel shall notify in particular:
              (i) the date, time and point of passage scheduled;
             (ii) the quantity of each target species held on board, as identified by its FAO alpha 3 code and expressed in
                   kilograms of live weight or, if necessary, the number of individual fish;
            (iii) the quantity of each by-catch species retained on board as identified by its FAO alpha 3-code and expressed in
                   kilograms of its live weight or, if necessary, the number of individual fish;
            (iv) the quantity of each by-catch species discarded as identified by its FAO alpha 3-code and expressed in kilograms
                   of its live weight or, if necessary, the number of individual fish.
             Notification shall be given preferably by e-mail or, failing that, by fax, to an e-mail address or a telephone number or
            a fax number communicated by Mozambique, using the form attached to the Annex as Appendix 4. Mozambique
            shall confirm receipt thereof immediately by return e-mail or fax.
             Mozambique shall immediately inform the vessels concerned and the EU of any change to the e-mail address,
            telephone number or transmission frequency.
             Any vessel found to be fishing in the Mozambican fishing zone without having previously notified its presence shall
            be considered to be an unauthorised fishing vessel.
             Any person infringing this provision shall be liable to the penalties and sanctions provided for by the Mozambican
            fisheries law.
             The entry/exit catch reports must be kept onboard at least for one year from the date of the report transmission.
         2. Periodic catch report
             When an EU vessel is operating in Mozambique waters, the captain of an EU vessel holding a fishing authorisation
            must notify the Mozambique Authority every three days with the catch made in the fishing zone of Mozambique. The
            first catch declaration will start five days after the date of entry in Mozambique fishing zone.
             Every five days when notifying its periodic catch report, the vessel shall notify in particular:
               (i) the date, time and position on reporting;
              (ii) the quantity of each target species caught and held on board during the five-day period, as identified by its FAO
                    alpha 3 code and expressed in kilograms of live weight or, if necessary, the number of individual fish;
             (iii) the quantity of each by-catch species retained on board during the five-day period, as identified by its FAO alpha
                    3 code and expressed in kilograms of live weight or, if necessary, the number of individual fish;
 ---pagebreak--- 17.2.2012          EN                             Official Journal of the European Union                                               L 46/15
              (iv) the quantity of each by-catch species discarded at sea during the five-day period, as identified by its FAO alpha 3
                   code and expressed in kilograms of live weight or, if necessary, the number of individual fish;
               (v) product presentation;
              (vi) for tuna purse seine fishing vessels:
                   — number of successful sets on FAD since last report,
                   — number of successful sets on free school since last report,
                   — number of unsuccessful sets;
             (vii) for tuna longline fishing vessels:
                   — number of sets since last report,
                   — number of hooks deployed since last report.
             Notification shall be given preferably by e-mail or, failing that, by fax, to an e-mail address or a telephone number
             communicated by Mozambique, using the form attached to the Annex as Appendix 5. Mozambique shall immediately
             inform the vessels concerned and the EU of any change to the e-mail address, telephone number or transmission
             frequency.
             Any vessel found to be fishing in the Mozambican fishing zone without having notified its five days periodic catch
             report shall be considered to be an unauthorised fishing vessel. Any person infringing this provision shall be liable to
             the penalties and sanctions provided for by the Mozambican Fisheries Law.
             The periodic catch reports must be kept on board at least during one year from the date of the report transmission.
          3. Inspection at sea
             The inspection at sea in the zone of Mozambique of EU vessels holding a fishing authorisation shall be carried out by
             vessels and inspectors of Mozambique who are clearly identified as being assigned to carry out fishing checks.
             Before going on board, the authorised inspectors shall warn the EU vessel of their decision to carry out an inspection.
             The inspection shall be carried out by fisheries inspectors, who must provide proof of their identity and official
             position as an inspector before carrying out the inspection.
             The authorised inspectors shall only stay on board the EU vessel for the time necessary to carry out tasks linked to
             the inspection. They shall carry out the inspection in a way which minimises the impact on the vessel, its fishing
             activity and cargo.
             At the end of each inspection, the authorised inspectors shall draw up an inspection report. The master of the EU
             vessel has the right to make comments in the inspection report. The inspection report shall be signed by the inspector
             drawing up the report and the master of the EU vessel.
             The authorised inspectors shall give a copy of the inspection report to the master of the EU vessel before leaving the
             vessel. In case of infringement, a copy of the notification of the infringement should be transmitted also to the EU as
             foreseen in chapter VIII.
          4. Pre-fishing briefing and Pre-fishing inspection
             Every calendar year and before engaging in fishing activities, 33 % of EU vessels authorised to fish in Mozambican
             waters shall come to a Mozambican port for a pre-fishing briefing and a pre-fishing inspection.
             The list of the designated vessels that should be inspected before engaging the fishing activity is communicated by
             Mozambican authority to the ship-owners and a copy is transmitted to the EU. For the vessels included in the list, the
             fishing authorisation will be handed over immediately after the inspection at port.
             The ship-owner should inform 72 hours in advance the Mozambican authority about the timing and the port chosen
             for the inspection. Inspections will take place 24 hours upon arrival at the chosen port, namely Maputo, Beira or
             Nacala.
             Mozambique may authorise the EU to participate in the inspection in port as an observer.
             The master of the EU vessel shall allow the Mozambican inspectors to carry out their work.
             At the end of each inspection, the Mozambican inspector shall draw up an inspection report. The master of the EU
             vessel has the right to include his comments in the inspection report.
 ---pagebreak--- L 46/16         EN                              Official Journal of the European Union                                               17.2.2012
           The inspection report shall be signed by the inspector drawing up the report and the master of the EU vessel.
           The Mozambican inspectors shall give a copy of the inspection report to the master of the EU vessel at the end of the
           inspection. Mozambique shall send a copy of the inspection report to the EU within a period of eight working days
           after the inspection.
        5. Inspection in port in case of landing and transhipment
           The inspection in a port of Mozambique of EU vessels which land or tranship their catch from the Mozambican zone
           shall be carried out by Mozambican inspectors who are clearly identified as being assigned to carry out fishing checks.
           Inspectors must provide proof of their identity and official position as an inspector before carrying out the inspection.
           The Mozambican inspectors shall only stay on board the EU vessel for the time necessary to carry out the tasks
           related to the inspection and shall conduct the inspection in such a way as to minimise the impact on the vessel, the
           landing or transhipment operation and the cargo.
           At the end of each inspection, the inspectors shall draw up an inspection report. The master of the EU vessel has the
           right to include his comments in the inspection report. The inspection report shall be signed by the inspector drawing
           up the report and the master of the EU vessel.
           The Mozambican inspectors shall give a copy of the inspection report to the master of the EU vessel at the end of the
           inspection.
                                                              CHAPTER VII
                                              SATELLITE MONITORING SYSTEM (VMS)
        1. Vessel position messages — VMS system
           EU vessels holding a fishing authorisation must be equipped with a satellite monitoring system (vessel monitoring
           system — VMS) to enable automatic and continuous communication of their position, every one hour, to the fishing
           control centre (Fisheries Monitoring Centre — FMC) of their flag State.
           Each position message must contain:
           (a) the vessel identification;
           (b) the most recent geographical position of the vessel (longitude, latitude), with a position error of less than 500
               metres, and with a confidence interval of 99 %;
           (c) the date and time the position is recorded;
           (d) the speed and the course of the vessel.
           Each position message must be configured in accordance with the format included in Appendix 5 to this Annex.
           The first position recorded after entry into the Mozambican zone shall be identified by the code ‘ENT’. All subsequent
           positions shall be identified by the code ‘POS’, with the exception of the first position recorded after departure from
           the Mozambican zone, which shall be identified by the code ‘EXI’. The FMC of the flag State shall ensure the
           automatic processing and, if necessary, the electronic transmission of the position messages. The position
           messages shall be recorded in a secure manner and kept for a period of three years.
        2. Transmission by the vessel in the event of breakdown of the VMS system
           The master shall ensure at all times that the VMS system of his vessel is fully operational and that the position
           messages are correctly transmitted to the FMC of the flag State.
           The EU vessels with defective VMS systems are not authorised to enter in the fishing zone of Mozambique.
           When already operating in the fishing zone of Mozambique, in the event of breakdown, the VMS system of the vessel
           shall be repaired at the end of the trip or replaced within 10 days. After that period, the vessel shall no longer be
           authorised to fish in the Mozambican zone.
           Vessels fishing in the Mozambican zone with a defective VMS system must communicate their position messages by
           e-mail or fax to the FMC of the flag State and of Mozambique, at least every two hours, and must provide all the
           compulsory information.
        3. Secure communication of the position messages to Mozambique
           The FMC of the flag State shall automatically send the position messages of the vessels concerned to the FMC of
           Mozambique. The FMC of the flag State and Mozambique shall exchange their contact e-mail addresses and inform
           each other without delay of any change to these addresses.
           The transmission of position messages between the FMC of the flag State and Mozambique shall be carried out
           electronically using a secure communication system.
 ---pagebreak--- 17.2.2012          EN                               Official Journal of the European Union                                              L 46/17
              The FMC of Mozambique shall inform the FMC of the flag State and the EU of any interruption in the receiving of
              consecutive position messages from a vessel holding a fishing authorisation, where the vessel concerned has not
              notified its departure from the zone.
           4. Malfunction of the communication system
              Mozambique shall ensure the compatibility of its electronic equipment with that of the FMC of the flag State and
              inform the EU immediately of any malfunction as regards the communication and receiving of position messages with
              a view to finding a technical solution as soon as possible. The Joint Committee shall deal with any possible dispute
              arising.
              The master shall be considered to be responsible for any proven manipulation of the vessel’s VMS system aimed at
              disturbing its operation or falsifying its position messages. Any infringement shall be subject to the penalties provided
              for by Mozambican legislation in force.
           5. Revision of the frequency of position messages
              On the basis of documentary evidence proving an infringement, Mozambique may ask the FMC of the flag State,
              copying in the EU, to reduce the interval for sending position messages from a vessel to every thirty minutes for a set
              period of investigation. This documentary evidence must be sent by Mozambique to the FMC of the flag State and the
              EU. The FMC of the flag State shall immediately send the position messages to Mozambique at the new frequency.
              The FMC of Mozambique shall then immediately notify the Control Centre of the flag State and the European
              Commission of the end of the inspection procedure;
              At the end of the set investigation period, Mozambique shall inform the FMC of the flag State and the EU of any
              monitoring which is required.
                                                                   CHAPTER VIII
                                                                 INFRINGEMENTS
          Failure to observe any of the rules and provisions of the Protocol the management and conservation of living resources
          measures or Mozambique fisheries legislation may be penalised by fines, suspension, revocation or non-renewal of the
          vessel’s fishing authorisation.
           1. Treatment of infringements
              Any infringement committed in the Mozambican fishing zone by an EU vessel holding a fishing authorisation in
              accordance with the provisions of this Annex must be mentioned in an (inspection) report.
              In case of an inspection on board, the signature of the inspection report by the master shall be without prejudice to
              the ship owner’s right of defence in respect of an infringement. Where the master refuses to sign the inspection
              report, he writes in the inspection report the reasons of his refusal with the mention ‘refusal to sign’.
              For any infringement committed in Mozambique fishing zone by an EU vessel holding a fishing authorisation the
              notification of the infraction defined and the accessory sanctions imposed to the captain or the fishing company shall
              be sent directly to the shipowners following the procedures set in the Mozambique Fisheries Law. A copy of the
              notification should be sent to the flag State of the vessel and to the EU within 72 hours.
           2. Detention of a vessel
              Where permitted under the Mozambican legislation in force regarding the infringement, any EU vessel having
              committed an infringement may be forced to cease its fishing activity and, where the vessel is at sea, to return to
              a Mozambican port.
              Mozambique shall notify the EU within 24 hours of any detention of an EU vessel holding a fishing authorisation.
              The notification will provide the reasons of the arrest and/or detention.
              Before taking any measure against the vessel, the master, the crew or the cargo, with the exception of measures aimed
              at protecting evidence, Mozambique shall designate an investigating officer and organise, at the request of the EU,
              within one working day of notification of the detention of the vessel, an information meeting to clarify the facts
              which have led to the vessel being detained and to explain what further action may be taken. A representative of the
              flag State and of the ship-owner of the vessel may attend this information meeting.
           3. Penalties for infringements — Compromise procedure
              The penalty for the infringement shall be set by Mozambique according to the provisions of the national legislation in
              force.
              In the event that the ship-owner does not accept the fines, a compromise procedure prior to launching the legal
              procedures shall be undertaken between the Mozambican authorities and the EU vessel to settle the issue amicably. A
              representative of the flag State of the vessel may participate in this compromise procedure. The compromise
              procedure shall finish at the latest 72 hours after the notification of the detention of the vessel.
 ---pagebreak--- L 46/18          EN                            Official Journal of the European Union                                             17.2.2012
        4. Legal proceeding — Bank guarantee
           If the abovementioned compromise procedure fails and the infringement is brought before the competent court, the
           owner of the vessel which committed the infringement shall deposit a bank guarantee at a bank designated by
           Mozambique, the amount of which, as set by Mozambique, covers the costs linked to the detention of the vessel, the
           estimated fine and any compensation. The bank guarantee may not be recovered until the legal proceedings have been
           concluded.
           The bank security shall be released and returned to the shipowner without delay after the judgment has been given:
           (a) in full, if no penalty has been imposed;
           (b) for the amount of the remaining balance, if the penalty is a fine which is lower than the amount of the bank
                security.
           Mozambique shall inform the EU of the outcome of the legal proceedings within eight days of the judgement being
           given.
        5. Release of the vessel and the crew
           The vessel and its crew shall be authorised to leave the port once the penalty has been paid in a compromise
           procedure, or once the bank guarantee has been deposited.
                                                              CHAPTER IX
                                                      SIGNING-ON OF SEAMEN
        1. Number of seamen to sign on
           During their activities in Mozambique’s fishing zone, the EU ocean-going tuna seiners shall sign-on at least 2
           Mozambican qualified seamen per vessel. The longliners shall sign on at least one Mozambican qualified seaman
           per vessel.
           The owners of EU vessels shall endeavour to sign on additional Mozambican seamen.
           When no Mozambican seamen are taken on board, for any reason, EU ship-owners shall be obliged to pay a flat rate
           amount equivalent to a figure based on the number of days that the vessel operated in Mozambique fishing zone
           multiplied by the amount per day which is fixed at EUR 30 per seaman per vessel per day. The flat rate shall be paid
           to the Mozambique authorities at the latest by 31 December of the same year.
           That sum shall be used for the training of seamen/fishermen in Mozambique and shall be paid into an account
           specified by the authorities of Mozambique.
        2. Free choice of seamen
           Mozambique holds a list of qualified seamen to be signed on for EU vessels.
           The ship-owner, or their consignee, shall choose freely from this list the seamen to be signed on and shall notify
           Mozambique of their inclusion in the crew.
        3. Seamen’s contracts
           The employment contract shall be drawn up by the ship-owner or its consignee and the seaman, if necessary
           represented by their union, in liaison with Mozambique. It shall stipulate in particular the date and port of
           signing on.
           These contracts shall guarantee the seamen the social security cover applicable to them in Mozambique, including life
           assurance and sickness and accident insurance.
           A copy of the contract shall be given to the signatories.
           The basic working rights laid down in the declaration of the International Labour Organisation (ILO) shall be afforded
           to Mozambican seamen. This concerns in particular the freedom of association and the effective recognition of the
           right to collective bargaining, and the elimination of discrimination in respect of employment and occupation.
        4. Seamen’s wages
           The wages of the Mozambican seamen shall be paid by the ship-owner. They shall be set before the fishing auth­
           orisation is issued and by mutual agreement between the ship-owner and its consignee in Mozambique.
           The wages shall not be lower than those of crews on national vessels, nor the level determined by the ILO.
 ---pagebreak--- 17.2.2012         EN                              Official Journal of the European Union                                                 L 46/19
          5. Seamen’s obligations
             The seamen shall report to the master of the vessel to which they have been appointed the day before the signing-on
             date stipulated in their contract. The master shall inform the seaman of the date and time of signing on. If the seaman
             withdraws or does not present himself at the date and time stipulated for his signing on, his contract shall be
             considered to be null and void and the ship-owner shall be automatically discharged from its obligation to sign him
             on. In this case the ship-owner shall not be liable for any financial penalty or compensation payment.
                                                                   CHAPTER X
          1. Observation of fishing activities
             All EU vessels holding a fishing authorisation in Mozambique shall contribute EUR 300 to the fisheries observer
             programme to be paid into the competent authority specific account, when they apply for the fishing authorisation.
             This fund shall be used to cover administrative and management cost of the observers programme.
             This observation programme shall conform to the provisions provided for in the resolutions adopted by the IOTC
             (Indian Ocean Tuna Commission).
          2. Designated vessels and observers
             Mozambique authorities shall draw a list of vessels designated to take an observer on board. This list shall be kept up
             to date. It shall be forwarded to the European Commission as soon as it has been drawn up.
             The Mozambique authorities shall inform the ship-owners concerned of the name of the observers appointed to be
             taken on board of their vessel no later than 15 days before the observer’s planned embarkation date.
             The observers shall not spend more time on board the vessel than is necessary to carry out their duties.
          3. Observer’s salary
             The salary and social contributions of the observer shall be borne by the Mozambican authorities.
          4. Embarkation conditions
             The embarkation conditions for the observer, in particular the duration of presence on board, shall be defined by
             mutual agreement between the ship-owner or its consignee and Mozambique.
             Observers shall be treated as officers. However, receiving the observer on board shall take into account the technical
             structure of the vessel.
             The ship-owner shall bear the costs of providing accommodation and food for the observer on board.
             The master shall take all the measures for which he is responsible to guarantee the physical safety and general
             wellbeing of the observer.
             Observers shall be granted access to every facility needed to carry out their duties. They shall have access to means of
             communication and any documents on board, and to documents relating to the fishing activities of the vessel, in
             particular the fishing logbook, freeze log and navigation log, and the parts of the vessel directly linked to their duties.
          5. Embarkation and landing of observers
             The observer shall sign on in a port chosen by the ship-owner.
             The ship-owner or its representative shall notify Mozambique, with a notice period of 10 days before the embar­
             kation, of the date, time and port of embarkation of the observer. If the observer is embarked in a foreign country,
             their travel costs to the port of embarkation shall be borne by the ship-owner.
             If the observer does not arrive to embark within 12 hours of the date and time set, the ship-owner shall be
             automatically discharged from its obligation to allow the observer to embark.
             It shall be free to leave the port and start fishing operations.
             Where the observer is not disembarked in a port of Mozambique, the ship-owner shall bear the costs of accom­
             modation and food during the time the observer is waiting for repatriation flight.
          6. Observer’s obligations
             Whilst they are on board observers shall:
             (a) take all appropriate measures so as not to interrupt or hinder fishing operations;
             (b) respect on-board property and equipment;
             (c) respect the confidential nature of any document belonging to the vessel.
 ---pagebreak--- L 46/20          EN                              Official Journal of the European Union                                               17.2.2012
            The observers shall communicate observations by radio, fax or e-mail at least once a week while the vessel is fishing
            in the Mozambican fishing zone, including the quantity of catches and by-catches on board and any other duties as
            required by the authority.
         7. Observer’s report
            Before leaving the vessel, the observer shall submit a report of his observations to the master of the vessel. The master
            of the vessel shall have the right to make comments in the observer’s report. The report shall be signed by the
            observer and the master. The master shall receive a copy of the observer’s report.
            The observer shall send his report to Mozambique, which shall send a copy of it to the EU within 15 working days of
            the disembarkation of the observer.
                                                      APPENDICES TO THIS ANNEX
        1. Appendix 1 — Application form for a fishing authorisation
        2. Appendix 2 — Technical sheets
        3. Appendix 3 — Fishing logbook
        4. Appendix 4 — Entry/exit notification form
        5. Appendix 5 — Format of VMS message position
 ---pagebreak--- 17.2.2012 EN        Official Journal of the European Union L 46/21
                                   Appendix 1
             APPLICATION FORM FOR A FISHING AUTHORISATION
 ---pagebreak--- L 46/22 EN Official Journal of the European Union 17.2.2012 ---pagebreak--- 17.2.2012              EN                             Official Journal of the European Union                                             L 46/23
                                                                       Appendix 2
                                                                 TECHNICAL SHEETS
                                             SHEET: TUNA SEINERS AND SURFACE LONGLINERS
Fishing zone:
Beyond 12 nautical miles from the base lines.
Geographical coordinates: see table below
Authorised gear:
Seine
Surface longliner
By-catches:
Compliance with IOTC Resolutions
Authorised tonnage/Fees:
Number of vessels authorised to fish                            Ocean-going tuna seiner vessels : 43
                                                                surface longliner vessels: 32
Annual advance payment fee:                                     EUR 5 100 per ocean-going tuna seiner vessel, for 146 tonnes of catch of highly
                                                                migratory and associated species
                                                                EUR 4 100 per surface longliner vessel > 250 GT, for 118 tonnes of catch of highly
                                                                migratory and associated species
                                                                EUR 2 500 per surface longliner vessel < 250 GT, for 72 tonnes of catch of highly
                                                                migratory and associated species
Additional fee:                                                 EUR 35 per tonne caught
Mozambique national seamen
EUR 30 per seaman, per vessel, per day in case of non-embarking
Observers (contribution to the fisheries observer program)
EUR 300 per year, per vessel
Geographical coordinates:
Point                1            2           3           4            5           6            7         8          9        10           11
Latitude          26°50′S     26°00′S      25°10′S     24°45′S      22°42′S     21°34′S      20°03′S   16°38′S   15°40′S    11°50′S     10°26′S
Longitude         37°36′E     38°15′E      38°38′E     38°24′E      37°54′E     37°30′E      37°58′E   41°18′E   42°31′E    41°45′E     42°05′E
 ---pagebreak--- L 46/24 EN Official Journal of the European Union 17.2.2012
                          Appendix 3
                      FISHING LOGBOOK
 ---pagebreak--- 17.2.2012          EN                            Official Journal of the European Union                                               L 46/25
                                                                  Appendix 4
                                                    ENTRY/EXIT NOTIFICATION FORM
                                                COMMUNICATION FORMAT REPORTS
                                                          ENTRY/EXIT REPORTS
                                      PERIODIC CATCH REPORT WHEN IN MOZAMBICAN EEZ
          All reports shall be transmitted to the competent authority, the National Fisheries Administration of Mozambique, at:
          e-mail: entryexitcatchmoz@gmail.com
          (Alternative — fax: +258 21 320 335)
          Please note that:
          — entry or exit reports must be sent to the e-mail provided above within three hours before the event,
          — catch must be reported per species and live weight,
          — catch unit must be in kilogramme,
          — the reporting of catch relates to both the targeted species and the by-catch species. The species list provided below can
              be changed according to the species caught.
          1. Entry report format (within three hours before the event)
             Subject text: Vessel Name/IN
             Vessel name:
             International radio call sign:
             Date of entry (dd/mm/yyyy):
             Time of entry (UTC):
             Position of entry (Deg Mn Sec):
             Total quantity of fish species on board at Entry in EEZ
             Yellowfin (YFT) kg
             Bigeye tuna (BET) kg
             Skipjack (SKJ) kg
             Albacore (ALB) kg
             Marlin (MAR) kg
             Swordfish (SWO) kg
             Shortbill spearfish (SSP) kg
             Sailfish (SFA) kg
             Blue shark (BSH) kg
             Porbeagle (POR) kg
             Mako shark (MAK) kg
             Great white shark (TIG) kg
             Crocodile shark (PSK) kg
             Thresher sharks (THR) kg
             Oceanic whitetip shark (OCS) kg
             Hammerhead Sharks (SPN) kg
             Other Requiem sharks (CWZ) kg
             Others (specify species + FAO Code) kg
             Etc …
 ---pagebreak--- L 46/26          EN                            Official Journal of the European Union                               17.2.2012
        2. Exit report format (within three hours before the event)
           Subject text: Vessel Name/OUT
           Vessel name:
           International radio call sign:
           Date of exit (dd/mm/yyyy):
           Time of exit (UTC):
           Position at exit (Deg Mn Sec):
           Total quantity of fish species on board at Exit of EEZ
           Yellowfin (YFT) kg
           Bigeye tuna (BET) kg
           Skipjack (SKJ) kg
           Albacore (ALB) kg
           Marlin (MAR) kg
           Swordfish (SWO) kg
           Shortbill spearfish (SSP) kg
           Sailfish (SFA) kg
           Blue shark (BSH) kg
           Porbeagle (POR) kg
           Mako shark (MAK) kg
           Great white shark (TIG) kg
           Crocodile shark (PSK) kg
           Thresher sharks (THR) kg
           Oceanic whitetip shark (OCS) kg
           Hammerhead Sharks (SPN) kg
           Other Requiem sharks (CWZ) kg
           Others (specify + FAO Code)
           Etc …
        3. Weekly/periodic catch report format (every three days when the vessel is operating in Mozambique waters)
           Subject text: Vessel Name/WCR
           Vessel name:
           International radio call sign:
           Date at reporting (dd/mm/yyyy):
           Time at reporting (UTC):
           Position at reporting (Deg Mn Sec)
           Catch in Mozambique EEZ (kg)
           Yellowfin (YFT) kg
           Bigeye tuna (BET) kg
           Skipjack (SKJ) kg
           Albacore (ALB) kg
           Marlin (MAR) kg
           Swordfish (SWO) kg
           Shortbill spearfish (SSP) kg
 ---pagebreak--- 17.2.2012          EN                                Official Journal of the European Union                                      L 46/27
             Sailfish (SFA) kg
             Blue shark (BSH) kg
             Porbeagle (POR) kg
             Mako shark (MAK) kg
             Great white shark (TIG) kg
             Crocodile shark (PSK) kg
             Thresher sharks (THR) kg
             Oceanic whitetip shark (OCS) kg
             Hammerhead Sharks (SPN) kg
             Other Requiem sharks (CWZ) kg
             Others (specify species + FAO Code)
             Etc …
          For tuna purse seine fishing vessel:
          — number of successful sets on FAD since last report:
          — number of successful sets on free school since last report:
          — number of unsuccessful sets:
          For tuna longline fishing vessel:
          — number of sets since last report:
          — number of hooks deployed since last report:
          The table below shows the official alphanumeric codes (also called ‘3-alpha’) for the species under the mandate of the
          IOTC. The English, French and Scientific names are taken from the FAO taxonomy.
             Code                     English Name                            French Name                   Scientific Name
          ALB          Albacore tuna                              Germon                            Thunnus alalunga
          BET          Bigeye tuna Patudo;                        Thon obèse                        Thunnus obesus
          BFT          Bluefin tuna                               Thon rouge                        Thunnus thynnus thynnus
          BIL          Marlins, sailfishes, spear fish            Poissons epée NCA (**)            Xiphioidei NEI (*)
          BIP          Indo-Pacific Bonito                        Bonito oriental                   Sarda orientalis
          BLM          Black Marlin                               Makaire noir                      Makaira indica
          BLT          Bullet tuna                                Bonitou                           Auxis rochei
          BLZ          Indo-Pacific Blue Marlin                   Makaire bleu de l’Indo Pacifique  Makaira mazara
          COM          Narrow barred Spanish Mackerel             Thazard rayé                      Scomberomorus commersoni
          DOT          Dogtooth tuna                              Bonite à gros yeux                Gymnosarda unicolor
          FRI          Frigate tuna                               Auxide                            Auxis thazard
          FRZ          Frigate and Bullet tunas                   Auxides et Bonitous               Auxis spp.
          GUT          Indo-Pacific king mackerel                 Thazard ponctué                   Scomberomorus guttatus
          KAW          Kawakawa                                   Thonine orientale                 Euthynnus affinis
          KGX          Seerfishes NEI (*)                         Thazards NCA (**)                 Scomberini NEI (*)
 ---pagebreak--- L 46/28           EN                              Official Journal of the European Union                                17.2.2012
            Code                     English Name                           French Name             Scientific Name
        LOT           Longtail tuna                            Thon mignon                 Thunnus tonggol
        MAR           Marlines NEI (*)                         Makaire NCA (**)
        MLS           Striped Marlin                           Marlin rayé                 Tetrapturus audax
        OBL           Billfishes, unclassified                 Porte-épée non-classifiés
        OTH           Others NEI (*)                           Autres NCA (**)             Scombridae and Xiphioidei
        RSK           Requiem sharks                                                       Carcharinidae
        SBF           Southern Bluefin tuna                    Thon rouge du sud           Thunnus maccoyii
        SFA           Indo-Pacific Sailfish                    Voilier de l’Indo-Pacifique Istiophorus platypterus
        SHK           Shark                                    Requins
        SKJ           Skipjack Listao;                         Bonite à ventre rayé        Katsuwonus pelamis
        SSP           Short-billed spearfish                   Makaire à rostre court      Tetrapterus angustirostris
        STS           Streaked seerfish                        Thazard cirrus              Scomberomorus lineolatus
        SWO           Swordfish                                Espadon                     Xiphias gladius
        TUN           Tunas and Bonitos NEI (*)                Thons et bonites NCA (**)   Thunnini and Sardini NEI (*)
        WAH           Wahoo                                    Thazard-bâtard              Acanthocybium solandri
        YFT           Yellowfin tuna                           Albacore                    Thunnus albacares
         (*) NEI: not elsewhere included.
        (**) NCA: non compris ailleurs.
 ---pagebreak--- 17.2.2012          EN                                    Official Journal of the European Union                                          L 46/29
                                                                          Appendix 5
                                                         FORMAT OF VMS MESSAGE POSITION
                                                       COMMUNICATION OF VMS MESSAGES
                                                                    POSITION REPORT
                                                                  Mandatory/
                     Data element                    Code                                                 Content
                                                                   optional
          Start record                                SR               M        System detail — indicates start of record
          Addressee                                   AD               M        Message detail — addressee. Alpha-3 ISO country code
          From                                        FR               M        Message detail — sender. Alpha-3 ISO country code
          Flag State                                  FS               O        Message detail — flag State
          Type of message                             TM               M        Message detail — message type [ENT, POS, EXI]
          Radio call sign                             RC               M        Vessel detail — international radio call sign of vessel
          Contracting Party internal                  IR               O        Vessel detail — unique Contracting Party number (flag
          reference number                                                      State ISO3 code followed by number)
          External registration number                XR               M        Vessel detail — number marked on side of vessel
          Latitude                                    LA               M        Vessel position detail — position in degrees and minutes
                                                                                N/S DDMM (WGS84)
          Longitude                                   LO               M        Vessel position detail — position in degrees and minutes
                                                                                E/W DDMM (WGS84)
          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 UTC position
                                                                                (YYYYMMDD)
          Time                                        TI               M        Vessel position detail — time of record of UTC position
                                                                                (HHMM)
          End record                                  ER               M        System detail — indicates end of record
          M = mandatory data element.
          O = optional data element.
          Each data transmission is structured as follows:
          1. characters are accorded to the ISO 8859.1 norm;
          2. a double slash (//) and field code SR indicate the start of the message;
          3. each data element is identified by its code and separated from the other data elements by a double slash (//);
          4. a single slash (/) separates the field code and the data;
          5. the ER code followed by a double slash (//) indicates the end of the message;
          6. the optional data elements must be inserted between the start and the end of the message.