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PROTOCOL

establishing, for the period 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 1 January 1990, the following fishing possibilities shall be accorded:

1. shrimp vessels fishing exclusively on deep-water crustaceans: 1 100 GRT per month on a yearly average;

2. shrimp vessels fishing on shallow-water and deep water crustaceans: 3 700 GRT per month on a yearly average.

The quantities of crustacea to be fished by Community vessels in 1990 may not exceed:

1 200 tonnes of deep-water shrimps

1 000 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 applying the coefficient 1,67;

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 ECU 4 300 000, 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 6 000 tonnes, the financial compensation will be increased by ECU 50 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 pro rata temporis.

Article 4

1. The Community shall also contribute, during the period referred to in Article 1, ECU 1 950 000 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.

At the request of Mozambique, part of this amount not exceeding ECU 60 000 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 two 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 this Protocol to finance the campaign. This contribution may be used to cover shipowners' 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 to 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.

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 apply with effect from 1 January 1990.