CELEX: 51990PC0244
Language: en
Date: 1990-06-11
Title: PROPOSAL FOR A COUNCIL REGULATION ( EEC ) ON THE CONCLUSION OF THE AGREEMENT BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND THE UNITED REPUBLIC OF TANZANIA ON FISHING OFF TANZANIA

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  isr**g|s. COMMISSION OF THE EUROPEAN COMMUNITIES
                                                       COM(90) 244 final
                                                       Brussels, 11   June 1990
                                            Proposal for a
                                       COUNCIL REGULATION (EEC)
             on the conclusion of the Agreement between the European Economic Community
                     and the United Republic of Tanzania on fishing off Tanzania
                                    (presented by the Commission)
      sat.
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 ---pagebreak---                                                            z
                   EXPLANATORY MEMORANDUM
Given the interest of Community fleets in fishing in the
Indian Ooean and following the agreements already reached by
the Community with certain states in the region, in
particular the Seychelles, Madagascar, Mozambique and the
Comoros Islands, negotiations took plaoe in Dar-Es-Salaam
from 12 to 15 March 1990 between the Community and the
United Republic of Tanzania with a view to concluding a
fishing agreement.
The negotiations were successful, and a fishing agreement
between the Community and United Republic of Tanzania was
initialled in Dar-Es-Salaam on 15 March 1990. The Agreement
provides fishing opportunities over a period of three years
for 46 tuna seiners and for 8 surface longliners fishing for
tuna and other migratory species.
In return for these fishing possibilities the Community will
pay a financial compensation of 350,000 ECU a year for a
period of three years. If annual catohes exceed 7,000
tonnes, the financial compensation will be increased
proportionately. In addition, the Community will pay a
contribution of 430,000 ECU over three years to finanoe
Tanzanian soientifio and teohnloal programmes and 200,000
ECU for study or training awards in subjects relating to
fisheries.
For their part, shipowners will be required to pay fees as
follows :
- for tuna seiners :     1,000 ECU per vessel plus 20 ECU
                         per tonne caught in excess of 50
                         tonnes ;
- for longliners :       200 ECU per vessel plus 20 ECU per
                         tonne caught in excess of 10
                         tonnes.
The Commission proposes that the Council should, without
delay and after consulting the European Parliament, approve
the Agreement between the European Economic Community and
the United Republic of Tanzania on fishing off Tanzania, by
adopting the Regulation attached hereto.
 ---pagebreak---                               Proposal for a
                         COUNCIL REGULATION (EEC)
on the conclusion of the Agreement between the European Economic Community
       and the United Republic of Tanzania on fishing off Tanzania
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European
Eoonomio Community, and in particular Article 43 thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament^ 1 ),
Whereas the Community and the United Republic of Tanzania
have negotiated and initialled an Agreement on fishing which
provides fishing opportunities for Community fishermen in
waters over which Tanzania has sovereignty or jurisdiction;
Whereas it is in the Community's interest to approve this
Agreement,
HAS ADOPTED THIS REGULATION :
                               Artiole 1
The Agreement between the European Eoonomio Community and
the United Republic of Tanzania on fishing off Tanzania is
hereby approved on behalf of the Community.
(1) OJ n*
 ---pagebreak---                                                          y
The text of the Agreement is attached to this Regulation
                         Article 2
The President of the Counoil is hereby authorised to
designate the persons empowered to sign the Agreement in
order to bind the Community.
                          Article 3
This Regulation shall enter into force on the third day
following its publication in the Official Journal of the
European Communities.
This Regulation shall be binding in its entirety and
direotly applicable in all Member States.
Done at Brussels
                                    For the Council
                                    The President
 ---pagebreak---                                             S
                 DRAFT
             A G R E E M E N T
BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND
       THE UNITED REPUBLIC OF TANZANIA
           ON FISHING OFF TANZANIA
 ---pagebreak---                                                                            c
  THE EUROPEAN ECONOMIC COMMUNITY.
               hereinafter referred to as the* "Community**. and
  THE UNITED REPUBLIC OF TANZANIA.
                    hereinafter referted to as "Tanzania".
  CONSIDERING   the  spirit  of  co-operation  resulting   from  the ACP-EEC
  Convention and the good co-operation relations which exist between the
  Community and Tanzania;
  CONSIDERING the wish of Tanzania to promote the rational exploitation of
  its fishery resources by means of intensified co-operation;
  RECALLING that the Community and Tanzania are signatories to the United
  Nations Convention on the Law of the Sea and that, in accordance with that
  Convention, Tanzania has established an exclusive economic zone extending
  200 nautical miles from its shores within which it exercises its sovereign
  rights for the purpose of identifying, exploiting, conserving and managing
  the resources of the said zone, in accordance with the principles of
  international law;
  DESIROUS to develop and intensify mutually advantageous co-operation in
  the field of fisheries;
  DETERMINED to conduct their relations in a spirit of mutual trust and
  respect for each other's interest in the sphere of sea fishing;
mr                                                                           < &
 ---pagebreak---                                                                           1-
DESIROUS  of establishing the terms and conditions governing activities
of common interest to both parties.
HAVE AGREED AS FOLLOWS :
                            A R T I C L E   3
The purpose of this Agreement is to establish the principles and rules
which will in future govern, in all respects, the fishing activities of
vessels flying the flags of Member States of the Community, hereinafter
referred to as "Community vessels", in the waters over which Tanzania has
sovereignty or jurisdiction in respect of fisheries, hereinafter referred
to as "Tanzania's fishing zone", in accordance with the provisions of the
United Nations Convention on    the Law of the Sea and other rules of
international law.
                            A R T I C L E   2
1.    Tanzania shall permit fishing bv- Community vessels in Tanzania's
      fishing zone in accordance with this Agreement.
2.    These fishing activities snail be subject to the laws of Tanzania.
 ---pagebreak---                                                                          £
                                A R T I C L E    3
     1.  The Community undertakes to take all necessary steps to ensure that
        Community vessels observe the provisions of this Agreement and the
         laws relating to fishing in Tanzania's fishing zone consistent with
         the provisions of the United Nations Convention on the Law of the
        Sea and other rules of international law.
     2. The   Tanzanian  authorities    shall notify  the  Commission of the
        European Community of any change to the said laws.
                                A R T I C L E
     1. Fishing activities by Community vessels in Tanzania's fishing zone
        under the present Agreement shall be subject to possession of a
        valid fishing licence.
     2. Licences will be issued by the Tanzanian authorities within the
        limits laid down in the Protocol.
     3. The   issue  of a   licence   by  the Tanzanian   authorities at the
        Community's request shall be subject to payment of a licence fee
        by  the shipowner concerned.
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 ---pagebreak---                                                                          3
4.     The formalities for making applications for licences, their period
       of validity, the amount of the fee, the payment provisions and the
       permitted fishing zones shall all be as specified in the Annex.
 5.    A licence shall be issued for a given vessel and shall not be
       transferable.
                             A R T I C L E S
The Parties undertake to coordinate action, either directly or within
 international organizations, to ensure the management and conservation of
the living resources in the Indian Ocean, particularly in respect of
highly migratory species, and to facilitate the relevant scientific
research.
                            A R T I C L E    6
Vessels authorized to fish in Tanzania's fishing zone under this Agreement
shall be obliged to communicate to the Tanzanian authorities statements
of catch and other relevant information in accordance with the provisions
of the Annex.
 ---pagebreak---                                                                                 1o
                                  A R T I C L E
    In return for the fishing opportunities accorded under Article 2, the
    Community  shall   make   payments   to  Tanzania  in accordance   with  the
    provisions of the Protocol, without prejudice to the financing for which
    Tanzania is eligible under the ACP-EEC Convention.
                                  A R T I C L E    8
    1.    Without prejudice to the exercise by Tanzania of sovereignty or
          jurisdiction over Tanzania's fishing zone, the Parties agree to
          establish   a  Joint    Committee   to  oversee   the  implementation,
          interpretation and proper functioning of this Agreement.
    2.    The Joint Committee shall meet at the request of either party. The
          parties shall consult at least 30 days in advance regarding the date
          and agenda for meetings of the Joint Committee.
    3.    In  the  event   of   a  dispute  concerning   the  interpretation  or
          application of the Agreement, such dispute shall be the subject of
          consultation between the Parties.
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 ---pagebreak---                                                                           /M
                              A R T I C L E
 1.    Should the Tanzanian authorities decide, as a result of developments
       in the state of stocks, to take conservation measures which affect
       the activities of Comnunity vessels, consultations shall be held
       between the Parties    in order    to adapt  the Annex and Protocol
       attached to this Agreement.
2.     Such  consultations   will   be  based  on  the  principle  that  any
       substantial reduction of the fishing rights provided for in the
       Protocol shall lead to an equivalent reduction of the financial
       compensation to be paid by the Community.
3.    Any conservation measures taken by the Tanzanian authorities shall
      be based on objective and scientific criteria and shall apply
      equally   to Community    and  other  third  country  vessels without
      prejudice to special arrangements between developing states within
      the    same   geographical    area,   including   reciprocal   fishing
      arrangements.
                             A R T I C L E    10
Nothing in this Agreement shall affect or prejudice in any manner the view
of either Party with respect to any matter relating to the Law of the Sea.
                                                                    siL
 ---pagebreak---                             A R T I C L E   11
This Agreement shall apply, on the one hand, to the territories in which
the Treaty establishing the European Economic Community is applied and
under the conditions laid down in that Treaty and, on the other hand, to
the territory of the United Republic of Tanzania.
                            A R T I C L E   i2
The Annex and the Protocol attached to this Agreement form an integral
part of the Agreement and, unless otherwise specified, a reference to the
Agreement shall also constitute a reference to them.
                           A R T I C L E    13
1.    The Agreement shall be concluded for an initial period of three
      years from the date of its entry into force.      Unless one of the
      Parties terminates it by giving notice to that effect at least six
      months before the date of expiry of the three year period, it shall
      remain in force for further periods of three years unless denounced
      by notice given at least three months before the date of expiry of
      each such three year period.
                                                                    -+c
 ---pagebreak---                                                                        -7?
2.    In the event of a Contracting Party giving notice denouncing the
      Agreement, the Contracting Parties shall enter into negotiations.
      Before the end of the period of validity of the Protocol, the
      Contracting Parties shall enter into negotiations to determine by
      common agreement what amendments or additions     to the Annex or
      Protocol are required.     They may also enter into negotiations at
      any other time by common agreement.
                           A R T I C L E    14
This Agreement, drawn up in duplicate in the Danish, Dutch, English,
French, German, Greek, Italian, Portuguese and Spanish languages, each of
these texts being equally authentic, shall enter into force on the date
of its signature.
 ---pagebreak---                                                                               ••}
                                                                                  y
                                                             A N N E X
     Conditions for the pursuit of fishing activities by Community vessels in
     Tanzania's fishing zone ;
     1.    Licence application and issuing formalities
           a)     The Commission of the European Communities shall present to
                  the Tanzanian Ministry responsible for Fisheries via the
                  Delegation of the Commission of the European Communities in
                  Tanzania an application, made by the shipowner, for each
                  vessel that wishes to fish under this Agreement, at least 30
                  days before the date of commencement of the period of
                  validity requested.    Each application shall be accompanied
                  by documentary proof of payment of the appropriate licence
                  fee.    The application shall be made on the forms provided
                  for that purpose by Tanzania, a specimen of which is at
                  appendix I.
           b)     Every licence shall be issued to the shipowner for one
                  designated vessel.   At the request of the Commission of the
                  European Communities, the licence for a vessel «nay and. in
                  cases of force majeure, will be replaced by a licence for
                  another Community vessel, having the same characteristics.
                  In the latter case, no fee is due for the remaining period
                  of validity.
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 ---pagebreak---                                                                          AS
   c)      The   licences  shall  be   collected  from   the  Tanzanian
           authorities by the Delegation of the Commission of the
           European Communities in Tanzania fifteen working days after
           submission of the applications.
   d)      The licence document must be held on board at all times.
   e)      The Tanzanian authorities shall communicate before the date
           of entry into force of the agreement, the arrangements    for
          payment of the licence fees, and in particular the details
          of the bank account and the currency to be used.
   f)     The licence fee includes all national and local taxes with
          the exception of charges for services.
2. Validity of licences and payment provisions
   a)     Licences shall be valid for a period of one year.    They are
          renewable.
   b)     The fees shall be set at 20 ECU per tonne caught within
          Tanzania's fishing zone.   Licences shall be issued following
          advance payment to Tanzania of a lump sum of 1.000 ECU a year
          for each tuna seiner, equivalent to the fees for 50 tonnes
          of tuna caught within Tanzania's fishing zone per year and
 ---pagebreak---                                                                          AG
            a lump sum of 200 ECU a year for each surface longliner
            equivalent to the fees for 10 tonnes of tuna and other
            migratory species caught within Tanzania's fishing zone per
            year.
            The final statement of the fees due for the fishing year in
            respect of each vessel shall be drawn up by the Commission
            of the European Communities on the basis of the catch
            statements made by the shipowners (a specimen of which is at
            Appendix   2), confirmed    by  the   scientific   institutes
            responsible for verification of the catch figures (ORSTOM and
            the Spanish Océanographie Institute). Any additional payment
           due shall be paid by the shipowners within 30 days into an
           account specified by the Tanzanian authorities.
            If the amount of the sum due for actual fishing operations
           does not equal     the advance pavment, the corresponding
           outstanding sum shall not be recoverable by the shipowner.
    Observers
    a)     At the decision of the Tanzanian authorities, vessels shall
           take on board an observer designated by these authorities in
           order to check catches made in Tanzania's fishing zone.
           Observers   shall  have  all  facilities necessary    for the
           performance of these duties including access to places and
           documents.    An observer must not be present for longer than
           the time required to fulfill his duties.        They shall be
$e~        provided with suitable food and accommodation while on board.
 ---pagebreak---                                                                         1 -}
           The salary and social contributions of the observer shall be
           borne by the Tanzanian authorities.     Should a vessel with
           a Tanzanian observer on board leave Tanzania's fishing zone
           every step will be taken to ensure that the observer returns
           to Tanzania as soon as possible, at the shipowner's expense.
   b)      Vessels may be requested by the Tanzanian authorities to
           take on board a biologist under the same conditions as those
           laid down above.   Vessels shall not be required to take on
           board an observer and a biologist at the same time.
4. Radio Communications
   While they are engaged in fishing activities in Tanzania's fishing
   zone, vessels shall communicate their position and catches every 3
   days.      Vessels shall also communicate their position and the
   volume of the catches on board when entering and leaving Tanzania's
   fishing zone.     The radio call sign, frequency and working hours
   of the radio station shall be annexed to the licence.
5. Fishing zones
   Community vessels shall have access to all of Tanzania's fishing
   zone.
 ---pagebreak---                                                                           i Y;
      6. Prohibition of firearms
         Firearms,  including  those  for  self-defence  purposes,  shall  be
         forbidden on all vessels authorised to fish in Tanzania's fishing
         zone.
      7. Property of rare species
         All marine species, whose preservation is justified due to their
         rarity or for biological research needs, and which are caught by a
         Community vessel fishing in Tanzania's fishing zone shall be the
         property of the Tanzanian authorities and shall be delivered, as
         soon as possible and in the best possible condition, te a Tanzanian
         port free of charge.
      8. Infringements
         a)     Infringements shall be penalised in accordance with Tanzanian
                law.
         b)     The Delegation of the Commission of the European Communities
                in Tanzania shall be notified within 48 hours of any alleged
                infringement by a vessel holding a valid     licence granted
                under this Agreement together with a brief report of the
                circumstances.
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 ---pagebreak---                                                                         i9
9. Inspection
   Vessels shall also allow on board, and assist in the accomplishment
   of their duties, any other Tanzanian official responsible for
   inspection and monitoring.
                                                                       $f
 ---pagebreak---                                                                        ? ^
                                                       A P P E N D I X I
                APPLICATION FOR A LICENCE TO FISH FOR TUNA IN
                           TANZANIA'S FISHING ZONE
                                 PART      A
  Name of owner
 Address of owner :
 Business address of owner
                                 PART      B
             To be compJeted     for each      vessel
I.      Period of validity
 2.     Name of vessel
 3.     Year of construction
 ---pagebreak---                                       l A
4.  Original flag country
5.  Currently flying the flag of
6.  Year of acquisition
7.  Port and Registration number
8.  Fishing method
9.  Gross Registered Tonnage (GRT)
10. Radio call signal
11. Overall length (M)
12. Bow (M)
13. Depth (M)
14. Construction material of the hull
15. Engine power (BHP)
16. Speed (knots)
                                         Sk
 ---pagebreak---                                                                           {^-
  17. Cabin capacity
  18. Fuel tanks capacity (m )
  19. Freezing capacity (tonnes/24hrs) and freezing system used
  20. Colour of the hull
  21. Colour of the superstructure
  22. Communication equipment on board
      Type       Brand      Model      Power   ! Year of ; Frequencies;
                                        (Vattsï! Constru-I
                                               !  ction    ! Rece-!Trans-!
                                               :          : ption!miss ion
W
 ---pagebreak---                                                                      e i
24. Navigation and detection equipment installed
                Type           Brand                  Model
    Initial applications must be accompanied by two side view colour
    photographs of the vessel.
    I certify that the above particulars are correct.
    Date                             Signature :
 ---pagebreak---  ---pagebreak---                                                              c S
PROTOCOL SETTING OUT THE FISHING OPPORTUNITIES AND FINANCIAL
          PAYMENTS PROVIDED FOR UNDER THE AGREEMENT
        BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND
         THE UNITED REPUBLIC OF TANZANIA ON FISHING
                        OFF TANZANIA
 ---pagebreak---                                                                       ic
                         A R T I C L E    1
1. Pursuant to Article 2 of the Agreement, and for a period of three
   years from the date of its entry into force, the following fishing
   possibilities shall be accorded :
   for ocean-going tuna seiners : licences for 46 vessels
   for surface longliners fishing for tuna and other migratory species:
   Licences for 8 vessels.
2.  In addition, consideration will be given, at the first or at a
   subsequent meeting of the Joint Committee referred to in Article 8
   of   the   Agreement,  to   granting   authorisation   for   fishing
   possibilities for demersal and Crustacea species on terms to be
   established by that Committee including the corresponding Community
   financial compensation.
                         A R T I C L E
1. The financial compensation referred to in Article 7 of the Agreement
   should be set at 1,050,000 ECU for the duration of this protocol,
   to be paid in three equal annual instalments.
2. This amount shall cover the fishing activities referred       to in
   Article 1 up to a catch weight in Tanzania's fishing zone of
 ---pagebreak---                                                                           "7
     7,000 tonnes of tuna and other migratory species fished per year.
     If the annual amount caught by Community vessels in Tanzania's
     fishing   zone   exceeds     this   quantity,   the   above   mentioned
     compensations shall be increased by 50 ECU for each additional tonne
     caught.
 3.  The use to which this compensation         is put   shall be   the sole
     competence of Tanzania.
4.  The financial compensation shall be paid into an account opened at
    a financial institution or other body designated by Tanzania.
                           A R T I C L E
1.  The Community shall also pay. during the period referred to in
    Article 1, a contribution of 430.000 ECU towards the financing of
    scientific    and   technical      programmes   (including    equipment,
    infrastructure, etc.) in order to improve knowledge of fish stocks
    in Tanzania's fishing zone and the purchase and/or maintenance of
    equipment   to improve    the administrative    structure   relating  to
    fisheries in Tanzania.      Of this amount, up to 130.000 ECU may be
    used, at    the request    of   the Tanzanian   authorities,   to cover
    Tanzania's contribution to international organisations responsible
    for fisheries management and/or research in the Indian Ocean
2.  The competent Tanzanian authorities shall send to the Commission a
    brief report on the utilisation of the funds.
                                                                             - t t
 ---pagebreak---                                                                 s&
The  Community's  contribution   to  the  scientific  and  technical
programmes shall be paid on each occasion into an account specified
by the Tanzanian Authorities.
                      A R T I C L E    4
The two Parties hereby agree that an essential condition for the
success of their cooperation is that the skills and know-how of
persons engaged in fishing be improved.   To this end, the Community
will assist Tanzanian nationals in finding places in establishments
in  its Member   States  or  States  with  which  it has   concluded
cooperation agreements and will make available an amount of 200.000
ECU for study or practical training awards with a maximum duration
of 5 years    in the various   scientific,  technical  and economic
subjects relating to fisheries.    Of this amount, up to 50.000 ECU
may be used, at the request of the Tanzanian authorities, to cover
the cost of attending international meetings relating to fisheries.
                      A R T I C L E    5
Should the Community fail    to make the payments referred to in
Article 2 and 3, the Agreement on fishing may be suspended.
                                                                     T±
 ---pagebreak---                                                                                                        ^3
                 F I N A N C I A L       S T A T E M E N T
                                                                             Date
 1. Budget lins connected :          422
 2. Action :   * EEC/Tanzania Fishing Agreement
 3. Legal basis : EEÇ/Tanzania Agreement on fishing in Tanzanian waters
4. Objectives :     Agreement, Protocols and Annex covering a period of three years
                    - financial compensation - fishing rights
                    - financing of a s c i e n t i f i c programme
                    - financing of study grants
5. Financial cfnseqranœ :                 for the marketing year current financial year f(allowing financial year
                                                                           (1990              (1991)
5.0 EJçenditure
                                                                    560,000 ECU             560,000 ECU
     -charged to the EC budget
      (refunds/interventions)
     -charged to national administr.
     -charged to other national groups
5.1 Receipts
     -own resources of the EC
      (levies/custons duties)
     -national
                                          Year •••IT**>• • • •      Year • •••'•%••'•••• Year ....J2??...
5.0.1 Pluriannual pattern of expenditure         560. 000 ECU           560. 000 ECU        560.000 ECU
5.1.1 Pluriannual pattern of receipts          (annual average)        (annuat average)     (annual average)
5.2 Method of calculation
   - Financial compensation - t o t a l cost : 1,050,000 ECU
                                     - annual cost :           350,000 ECU
   - Financing of s c i e n t i f i c programme : ^JQ^QQQ E C U o v e r three years , averaging
                                                      i*t«j,jjj tLU per year
   _ Study grants ; 200^000 ECU over three vears r averaging 66.666 ECU per year.
6.0 Financing possible with credits inscribed in relevant chapter of current budget?                   M/NO
6.1 Financing possible by transfer between chapters of current budget?                                 IlifcO
6.2 Necessity for a supplementary budget?                                                              m/to
6.3 Credits to be written into future budgets?                                                         m^o
Oooments :
 ---pagebreak---                                                                   ETfJ
                                                                 .io
COMPETITIVENESS AND EMPLOYMENT   IMPACT  STATEMENT
The objt-ct of this measure is to obtain fishing possibi Li t S es for
Communi'.y fishermen.   It will involve undertakings   in certain
obligations  (e.g. the payment  of licence fees) but these will be clearly
outweighed by the benefit of    increased employment   which will  result.
  RAPPORT DE L'IMPACT   SUR LA COMPETITIVITE ET L'EMPLOI
  L'objet de cette mesure est d'obtenir    des possibilités de pêche pour
  les pê:heurs de la   Communauté.
  Cela inplique l 'engagement dans certaines obligations     (entre autres
  paieme t des redevances de licences) mais celles-ci     seront  nettement
  dépassées par  le bénéfice de l'augmentation de    l'emploi.
 ---pagebreak---                                                                                                 in
                                                                                 ISSN 0254-1475
                                                                  COM(90) 244 final
                                                      DOCUMENTS
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