CELEX: 51989PC0619(02)
Language: en
Date: 1989-12-12
Title: PROPOSAL FOR A COUNCIL REGULATION ( EEC ) RELATING TO THE CONCLUSION OF THE PROTOCOL ESTABLISHING, FOR THE PERIOD FROM 1 JANUARY 1990 TO 31 DECEMBER 1991, THE FISHING OPPORTUNITIES AND THE FINANCIAL CONTRIBUTION PROVIDED FOR IN THE AGREEMENT BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND THE PEOPLE' S REPUBLIC OF MOZAMBIQUE ON FISHERIES RELATIONS

COMMISSION OF THE EUROPEAN COMMUNITIES
                                              C0M(89) 619 final
                                              Brussels, 12 December 1989
                               Proposal for a
                              COUNCIL DECISION
   on the conclusion of the Agreement in the form of an exchange of
    letters concerning the provisional application of the Protocol
  establishing, for the period from 1 January 1990 to 31 December 1991,
       the fishing opportunities and the financial contribution
                provided for in the Agreement between the
          European Economic Community and the Government of the
         People's Republic of Mozambique on fisheries relations
                               Proposal for a
                         COUNCIL REGULATION (EEC)
   relating to the conclusion of the Protocol establishing, for the
  period from 1 January 1990 to 31 December 1991, the fishing oppor-
      tunities and the financial contribution provided for in the
       Agreement between the European Economic Community and the
        People's Republic    of Mozambique on fisheries relations
                       (presented by the Commission)
 ---pagebreak---                              EXPLANATORY MEMORANDUM              \jy>~* d>1 5
 The Protocol to the Fisheries Anteement between the Emopean Economic
 Community and the Government of the People's Republic of Mozambiaue, sigr.ed
on 30 September 1988, expires on 31 December 1989.
 In accordance with Article 15 of the Agreement, the contracting parties
held negotiations in Maputo from 11 to 13 September 19R9 with a view to
revising the saic Protocol. A new Protocol eatenlishina the fishing
opportunities anc financial contribution for the perioc from 1 January 1990
to 31 December 1991, was initial lea on 13 September. In oroer to avoid any
interruption of fishing activités by Community vessels, an exchange of
letters on the provisional application of this new Protocol from 1 January
1990 was also initialled.
The Protocol provioes for the following fiahinq opportunities for a period
of two years between 1 January 1990 and 31 December 1991 :
- ocean going tuna seiners : licences for 44 vessels
- deep water shrimp trawlers : 1,100 CRT per month on a yearly averaqe
- deep-water and shallow-water shrimp tiawlers : 3,700 CRT per month on a
   yearly average.
In the case of shrimp trawlers, these opportunities are the same as those
provided for under the original Protocol, but in the case of tuna vessels
the number of licences has been increasec from 40 to 44.
The Protocol also provioes for two Community trawlers to undertake a
reconnaissance campaign, with the cooperation of Mozambican ana Community
scientists, in orcer to fine new resources in Mozambiques' waters. In the
light of the results of this campaign it will he open to the Community to
apply for licences for aooitional trawlei.s to fish in Mozambiques' weters
In order to protect limitée stocks, a ceilinq of 1,200 tonnes for
aeep-water shrimp, 1,000 tonnes for shallow-watei shrimp ana 200 tonnes for
deep-water crab has been laid cown in the Protocol. This quota will be
reviewea for the second year of application of the new Protocol.
The Community will pay a basic 2,150,000 ECU/year in financial
compensation.   If more than 6,000 tonnes of tuna is fished curing the
application period of the Protocol, the financial compensation will be
increased by 50 ECU for each aocitional tonne of tuna caught.
 ---pagebreak---  Th^ Community will also finance the proposée renunnaisswnce campaiqn up to
 a iiaximum of 600,000 ECU for the cuiation of the Piotocol.
 In aoaition, there will be a financial contribution from shipowners, based
on catch in the case of tuna vessels (20 ECU/tonne caught) ana a flat rate
in the case of shrimp trawlers (151 ECU/GRT for deep-water shrimp trawlers
and 266 ECU/GRT for shallow and deep-water trawlers).
 In adoition to the amounts mentioneo above, the Community will contribute
950,000 ECU over two years to finance Mozamhican scientific ana technical
programmes in the fisheries sector .
In light of the above, the Commission proposes that the Council should, as
soon as possible :
1.   acopt the attachée Decision on the conclusion of the Agreement in the
form of an exchange of letters concerning the provisional application of
the Protocol establishing, for the perioo from 1 January 1990 to 31
December 1991, the fishing opportunities anc the financial contribution
provioed for in the Aqreement between the European Economic Community and
the Government of the People's Republic of Mozambique on fisheries
relations; and
2. aoopt the attachea Reaulation relating to the concJusion of the Protocol
defining for the perioo, from 1 January 1990 to 31 December 1991, the
fishing opportunities and the financial contribution providec for in the
Agreement between the European Economic Community anc the Government of the
People's Republic of Mozambique on fisheries relations.
 ---pagebreak---                                  Proposal for a
                                COUNCIL DECISION
  on the conclusion of the Agreement in the form of an exchanqe of letters
  concerning the provisional application of the Protocol establishina, for
 *the perioo from 1 January 1990 to 31 December 1*591, the fishing
 •opportunities anc the financial contribution providec for in the Agreement
  between the European Economic Community ano the Government of the People's
  Republic of Mozambique on fisheries relations.
  THE COUNCIL OF THE EUROPEAN CDMMIINI TIES,
  Having regard'to the Treaty establishing the European Economic Community,
'.Having regard to the Agreement between the European Economic Community and
  the Government of the People's Republic of Mozambique in fisheries
• relations(l), signed in Maputo on 30 September 1988;
  Having regard to the proposal from the Commission(2)
  Whereas the Community ana the People's Republic of Mozambique helc
  negotiations with a view to determining amendments or accitions to be made
  to the Protocol to the Agreement on fisheries relations at the eno of the
  period of application of the first Protocol;
                                            »
  Whereas as a result of these negotiations a new Protocol was initialled on
  13 September 1989;
;
  j
  Whereas unoer this Protocol Community fishermen will enjoy fishing
  opportunities in the waters fallina within the sovereignty or jurisdiction
  of the People's Republic of Mozambique for the perioo from 1 January 1990
  to 31 December 1991;
  (1) 00 n - L 98, 10.4.87, P. 12
  (2) ,
 ---pagebreak---  Whereas, in oroer to avoid interruption of fishinq activities by Community
 vessels both parties initiallee an Agreement in the form of an exchange of
 letters providing for the provisional application of the initiallec
 Protocol from the day following the cate of expiry of the Protocol
previously in force; whereas the Aqreement in the form of an exchanqe of
letters should be conduced penainq a (definitive oecision unoer Article 43
of the Treaty ana the subsequent entry into force of the Protocol;
HAS DECIDED AS FOLLOWS :
                                  Article 1
The Agreement in the form of an exchanqe of letters concerning the
provisional application of the Protocol oefining, for the period from 1
January 1990 to 31 December 1991, the fishing opportunities and the
financial contribution provioec for in the Aqreement between the European
Economic Community ana the Government of the People's Republic of
Mozambique on fisheries relations is hereby approved on behalf of the
Community.
The text of the Aqreement is attached to this Decision.
                                  Article 2
The President of the Council is hereby authorized to Designate the persons
empowered to sign the Agreement in the form of an exchange of letters in
oroer to bind the Community.
Done at Brussels»            1989
                                                    For the Council
                                                     The President
 ---pagebreak---                             Proposal for a
                        COUNCIL REGULAT ION (EEC)
relatinq to the conclusion of the Protocol establishing, for the period
from 1 January 1990 to 31 December 1991, the fishing opportunities and the
financial contribution proviced for in the Agreement between the European
Economic Community and the Government of the People's Republic of
Mozambique on fisheries relations.
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
and in particular Article 43 thereof,
Having regard to the proposal from the Commission (1),
Having regard to the opinion of the European Parliament^),
Whereas, in accoraance with the Anreement between the European Economic
Community and the Government of the People's Republic of Mozambique on
fisheries relations, signed in Maputo on 30 September 1988, the contracting
parties held negotiations with a view to determining amenoments or
additions to be maoe to the Protocol to the Agreement at the eno of the
period of application of the first Protocol;
Whereas as a result of these negotiations a new Protocol establishing, for
the period from 1 January 1990 to 31 December 1991, the fishing
opportunities and the financial contribution proviced for by the Agreement
was initialled on 13 September 1989;
Whereas it is in the Community's interest to approve this Protocol,
HAS ADOPTED THIS REGULATION :
(1) 03 n* L.
(2) 03 n* L.
 ---pagebreak---  The Protocol establishing, for the perioo from I. January 1990 to 31
December 1991, the fishing opportunities ano the financial contribution
provioec for in the Agreement between the European Economic Community ana
the Government of the People's Republic of Mozambique on fisheries
relations is hereby approved on behalf of the Community.
The text of the Protocol is attachée to this Regulation.
                                  Article 2
The President of the Council is hereby authorizec to oesignate the persons
empowered to sign the Protocol in order to bind the Community.
                                  Article 3
This Regulation shall enter into force on the third cay following that of
its publication in the Official Journal of the European Communities.
This Regulation shall be binaing in its entirely ano directly applicable in
all Member States.
Done st Brussels, ...... 1989
                                          For the Council
                                          The President
 ---pagebreak---                                  PROTOCOL
establishing, for the period from 1 January 1990 to 31 December 1991, the
fishing opportunities and the financial contribution provided for in the
Agreement between the European Economic Community and the Government of
the People's Republic of Mozambique on fisheries relations
THE CONTRACTING PARTIES,
Having regard to the Agreement between the European Economic Community and
the Government of the People's Republic of Mozambique on fisheries relations,
signed on 30 September 1988,
HAVE AGREED AS FOLLOWS :
                                Article 1
Pursuant to Article 2 of the Agreement, and for a period of two years
beginning on 1st January 1990, the following fishing possibilities shall
be accorded :
1.  Shrimp vessels fishing exclusively on deep-water Crustacea :
    1100 GRT per month on a yearly average
2.  Shrimp vessels fishing on shallow-water and deep-water Crustacea :
    3700 GRT per month on a yearly average
The quantities of Crustacea to be fished by Community vessels in 1990 may
not exceed : 1200 tonnes of deep-water shrimps
             1000 tonnes of shallow-water shrimps and
              200 tonnes of deep-water   crabs
These quantitative limits will be reviewed, for the   following
year   by the Joint Committee referred to in Article 10 of the Agreement.
Shrimp tails weight retained on board are converted into whole weight by
                                                                      J2^
applying the co-efficient 1.67.
                                  *M
 ---pagebreak--- 3. Ocean-going tuna seiners : licences for 44 vessels
                               Article 2
1.  The financial compensation referred to in Article 8 of the Agreement
for the period referred to in Article 1 of this Protocol, is fixed at
4.300.000 ECU, payable in two annual instalments.
2.  If during the period of application of this Protocol the amount of
tuna caught by Community vessels in Mozambican waters exceeds 6000 tonnes,
the financial compensation will be increased by 50 ECU per tonne caught
above this limit.
3.  The use to which this compensation is put shall be the competence
solely of Mozambique.
4.  The compensation shall be paid into an account opened at a financial
institution or any other body designated by Mozambique.
                                Article 3
In the event of an increase in the availability of fishing possibilities
the GRT limits set out in Articles 1(1) and 1(2) may be increased at the
request of the Community. In this case, the financial compensation referred
to in Article 2 shall be increased proportionally prorata temporis.
                                Article 4
1.  The Community shall also contribute,during the period referred to in
Article 1,950.000 ECU towards the financing of Mozambican scientific and
technical programmes (e.g. equipment   and infrastructure) to improve
information on the fishery resources within the waters of Mozambique.
                                                                            >?
 ---pagebreak--- At the request of Mozambique, part of this amount not exceeding 60.000 ECU
may be used to finance the expenses of participation in international
conferences, not necessarily related to the said scientific programme,
destined to improve the knowledge of fisheries resources.
2.  The competent Mozambican authorities shall send to the Commission a
brief report on the utilization of the funds.
3.  The Community's contribution to the scientific and technical programmes
shall be paid into an account specified on each occasion by the Office of
the Secretary of State for Fisheries.
                                Article 5
1.  A reconnaissance campaign to find new resources shall be carried out
by 2 Community trawlers together with research institutes in Mozambique
and in the Member States of the Community.
2.  The Community shall contribute ECU 600.000 over the duration of the
Protocol to finance the campaign. This contribution may be used to cover
shipowner's economic losses and the emoluments of Mozambican and Community
scientists. Catches by the vessels concerned shall be the property of the
shipowners.
3.  The results of the campaign must be sent to the Mozambican authorities
and the Commission delegation to Mozambique. In the light of these results,
licences for the new resources may be granted to Community vessels to fish
in Mozambique's waters under conditions to be defined at a meeting of the
Joint Committee referred co by article 10 of the Agreement.
                                Article 6
Should the Community fail to make the payments provided for in this
Protocol, the Agreement on fishing may be suspended.                   *
                      Ji                                        M
 ---pagebreak---                                 Article 7
The Protocol to the Agreement between the European Economic Community
and the Government of the People's Republic of Mozambique on fisheries
relations is hereby repealed and replaced by this Protocol.
                               Article 8
This Protocol shall enter into force on the date of its signature.
It shall be applicable from 1 January 1990.
                                                                       -ID
 ---pagebreak---                                 AGREEMENT
in the form of an exchange of letters concerning the provisional
application of the Protocol establishing, for a 2 year period starting
1st January 1990, the fishing opportunities and the financial contribution
provided for by the Agreement between the European Economic Community and
the Government of the People's Republic of Mozambique on fishing off
the coast of Mozambique.
A.   Letter from the Government of the People's Republic of Mozambique
Sir,
With reference to the draft Protocol, initialled in Maputo on 13 September
1989, establishing the fishing opportunities and the financial contribution
for the 2 year period starting 1st January 1990, I have the honour to
inform you that the Government of the People's Republic of Mozambique is
ready to apply this Protocol on a provisional basis, with effect from
1st January 1990, pending its entry into force in accordance with Article 8
of the Protocol, provided that the European Economic Community is prepared
to do the same.
This is on the understanding that a first instalment equal to one half of
the financial compensation specified in the Article St of the Protocol is
to be paid by 31st March 1990.
I should be obliged if you would confirm the European Economic Community's
agreement to such provisional application.
Please accept, Sir, the assurance of my highest consideration.
3                                     For the Governmet of
                                      the People's Republic of Mozambique
                                                                    As&
                                                                          ~/-l
 ---pagebreak---  B.   Letter from the European-Economic Community
 Sir,
 I am in receipt of your letter of today's date, which reads as follows :
 "With reference to the "draft Protocol, initialled in Maputo on 13 September
 1989, establishing the fishing opportunities and the financial contribution
 for the 2 year period starting 1 January 1990, I have the honour to inform
 you that the Government of the People's Republic of Mozambique is ready
 to apply this Protocol on a provisional basis, with effect from 1st January
 1990, pending its entry into force in accordance with Article • of the
 Protocol, provided that the European Economic Community is prepared to do
 the same.
 This, is on the understanding that a first instalment equal to one half of
 the financial compensation specified in the Article £: of the Protocol is
 to be paid by 31st March 1990.
 I should be obliged if you would confirm the European Economic Community's
 agreement to such provisional application."
 I have the honour to confirm the European Economic Community's agreement
 to this provisional application of the Agreement.
 Please accept, Sir, the assurance of my highest consideration.
4*
                                         For the European
                                         Economic Community
                                                                        M*>
                                                                              -A ^
 ---pagebreak---                                                                                          E*N
       F I C H E           F I N A N C I E R E
                                                                    DATE :
1. LIGNE BUDGETAIRE CONCERNEE :                420
2. INTITULE DE L 'ACTION :
     Nouveau p r o t o c o l e     financier      CEE/Mozambique
                            Accord CEE/Mozambique concernant Les r e l a t i o n s de pëihe
3. BASE JURIDIQUE :
4.  OBJECTIFS  DE.L'ACTION i              Protocole pour une période de 2 ans :
     - compensation financière
     - programme scientifique
     - campagne de prospection
5. INCIDENCES FINANCIERES                             PENDANT LA EXCERCICE       EXCERCICE
5.0. DEPENSES                                         CAMPAGNE   EN COURS (   ) SUIVANT (     )
      - a la charde du budget de la CE
        (Restitutions/Interventions)                             2 <\i.% oooe^ 2,^S,o*o<3:u
      - a la charge adainiatr. nationales
      - a la charge d'autres aecteura
        nat ionaux
5.1. RECETTES
      - Ressources propres CE
        (Prélèvements/Droits de douane)
      - sur le plsn nstionsl
                                                      ANNEE
                                                              VW ANNEE I w .     ANNEE
5.0.1. ECHEANCIER PLURIANNEL DEPENSES                2.925.000   2.93.000
5.2.  MODE DE CALCUL
      - Compensation f i n a n c i è r e                             2.150.000 ECU
      - Programme s c i e n t i f i q u e                              475.000 ECU
      - Campagne de prospection                                        300.000 ECU
     - Contrepartie     financière                                   2.925.000 ECU
6.0. FINANCEMENT POSSIBLE PAR CREDITS INSCRITS AU CHAPITRE CONCERNE
      DANS LE BUDGET EN COURS D'EXECUTION                                            OUI/
6.1. FINANCEMENT POSSIBLE PAR VIREMENT ENTRE CHAPITRES DU BUDGET EN
      COURS D'EXECUTION                                                                  /NON
6.2. NECESSITE D'UN BUDGET SUPPLEMENTAIRE                                               l/NON
6.3. CREDITS A INSCRIRE DANS LES BUDGETS FUTURS                                      OUI/
OBSERVATIONS :
                                                                                               -13
 ---pagebreak--- COMPETITIVENESS AND EMPLOYMENT IMPACT STATEMENT
 The o b j e c t o f t h i s measure i s t o m a i n t a i n f i s h i n q p o s s i b i l i t i e s  for
Community f i s h e r m e n .         It will involve undertakings in c e r t a i n                 obligations
 ( e . q . the payment o f l i c e n c e f e e s ) h u t these w i l l be c l e a r l y outweighed by
 the b e n e f i t o f i n c r e a s e o employment which w i l l       result.
RAPPORT DE L'IMPACT SUP LA C0MPET1TITIV1TE ET L'EMPLOI
L ' o b j e t ce c e t t e mesure e s t ce m a i n t e n i r ces possibilités ce pèche pour                  les
pêcheui s ce l a Communauté.
Cela imp] i que Penqaoement cans c e r t a i n e s oh l i n at ions ( e n t r e a u t r e s
paiement ces redevances ce l i c e n c e s ) mais c e l l e s - c i seront nettement
cépassées par l e bénéfice oe 1'auomentation oe l ' e m p l o i .
                                                                                                                 '**
 ---pagebreak---  ---pagebreak---                                                                     ISSN 0254-1475
                                                             COM(89) 619 final
                                                     DOCUMENTS
                                                                                04
EN
                                                                     12.12.1989
                                Catalogue number : CB-CO-89-605-EN-C
                                                             ISBN 92-77-56054-1 '
Office for Official Publications of the European Communities
L-2985 Luxembourg