Protocol

setting out the fishing opportunities and financial contribution provided for in the Fisheries Agreement between the European Community and the Republic of Mozambique

Article 1

From the entry into force of the Agreement and for a period of three years, the fishing opportunities granted under Article 3 of the Agreement shall be as follows:

(a) demersal freezer trawlers fishing for deep-water shrimp (gamba): up to 1000 t a year and 535 t of by-catches, broken down as follows:

- Dublin bay prawn: 100 t,

- cephalopods: 75 t,

- fish: 240 t,

- crawfish: 0 t,

- crab: 120 t,

for a maximum of 10 vessels;

(b)

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(c)

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Article 2

1. The amount of financial compensation referred to in Article 5 of the Agreement, corresponding to the fishing opportunities referred to in Article 1 of this Protocol, shall be fixed at EUR 4090000 a year.

The financial compensation for fishing for tuna and related species shall amount to EUR 600000 a year; it shall cover catches in Mozambican waters of 8000 tonnes of tuna and related species. If the quantity caught each year by Community vessels in Mozambique's exclusive economic zone (EEZ) exceeds this weight, the amount referred to above shall be proportionately increased at the rate of EUR 75 per additional tonne. However, the total amount of financial compensation paid by the Community for fishing for tuna and related species shall be subject to an upper limit of EUR 1800000 a year.

The annual financial compensation for deep-water shrimp fishing and by-catches in Mozambican waters shall be fixed at EUR 3 490000 for the quantities referred to in Article 1.

2. The financial compensation is intended to finance the measures referred to in Article 3 of this Protocol.

Article 3

1. The following measures shall be financed from the financial compensation, to the tune of EUR 4090000 a year, broken down as follows:

(a) EUR 1500000 for monitoring marine fisheries;

(b) EUR 1000000 for institutional development;

(c) EUR 1000000 for research;

(d) EUR 430000 for training;

(e) EUR 100000 for quality control;

(f) EUR 60000 for participation in Joint Committee and other international meetings.

2. The above amounts are given as a guide and the Government of the Republic of Mozambique, represented by the Ministry of Fisheries and the Ministry of Planning and Finance, may amend them after informing the Commission of the European Communities in advance.

3. The measures and the annual amounts allocated thereto shall be decided on by the Ministry of Fisheries, which shall inform the Commission of the European Communities thereof.

4. The annual amounts referred to in paragraph 1, with the exception of those in points (d) and (f), shall be made available to the appropriate Mozambican authorities after the entry into force of the Protocol for the first year and on the anniversary date of the Protocol for the following years.

5. These amounts shall be paid, on the basis of the annual programme for their use, into foreign currency account No ..., which shall be held in the name of the Ministry of Planning and Finance with the Bank of Mozambique, the equivalent exchange value being transferred to bank account No ..., held in the name of the Fundo de Fomento Pesqueiro. The amounts referred to at (d) and (f) shall be paid as and when the Ministry of Fisheries requests them from the Commission of the European Communities for the purpose of covering the projected measures.

Article 4

The Ministry of Fisheries shall transmit to the delegation of the European Commission in Mozambique, no later than three months after the anniversary date of the Protocol, a draft detailed annual report on the implementation of the measures referred to in Article 3 and the results achieved. The report shall be examined and adopted by the two Parties within the Joint Committee.

The Commission of the European Communities reserves the right to request the Ministry of Fisheries for any additional information on the results of the measures carried out.

Following consultation between the Parties within the Joint Committee, the Commission of the European Communities may review the payments on the basis of the actual implementation of the corresponding measures. In this case, Mozambique may also review the fishing opportunities granted under this Protocol.

Article 5

Should the Community fail to make the payment provided for in Article 3, the Republic of Mozambique may suspend the application of this Protocol.

Article 6

This Protocol shall enter into force on 1 January 2004, after the two Parties have given notification that their respective approval procedures have been completed.

ANNEX

Conditions governing fishing activities in Mozambican waters by Community vessels

Any Community vessel authorised to fish in Mozambican waters under this Agreement shall be subject to the Mozambican legislation in force. In addition, the following rules and procedures shall apply.

1. Formalities to be followed in applying for and issuing licences for vessels fishing for tuna and related species and freezer bottom trawlers

The procedure to be followed in applying for and issuing licences authorising Community vessels to fish in Mozambican waters shall be as follows:

(a) for each vessel, the European Commission, acting via its representative in Mozambique and through the agency of its delegation in that country, shall submit to the Mozambican authorities a licence application drawn up by the vessel owner wishing to carry on fishing activities under this Agreement; the application shall be submitted no later than 25 days before the start of the validity period mentioned therein. Applications shall be made using the forms provided for this purpose by Mozambique, specimens of which are given in Appendix 1 for tuna seiners and longliners, and in Appendices 1 and 2 for freezer bottom trawlers. They shall be accompanied by proof of payment of the advance payable by the vessel owner;

(b) Licences shall be issued to a specific vessel owner for a specific vessel and shall not be transferable.

However, at the request of the European Commission, a vessel's licence may, in a case of force majeure, be replaced by a licence for another vessel with characteristics similar to those of the first vessel. Through the Commission delegation in Mozambique, the owner of the first vessel shall first return the cancelled licence to the Ministry of Fisheries.

The new licence shall indicate:

- the date of issue and the validity period,

- the fact that it cancels and replaces the licence of the previous vessel.

In such cases, no new advance shall be due;

(c) Licences shall be sent by the Mozambican authorities to the Commission delegation in Mozambique.

2. Provisions applicable to tuna seiners and surface longliners

Owners of tuna seiners shall be represented by an agent in Mozambique.

Fishing licences shall be valid for a period of one year, from 1 January to 31 December of each year. They shall be renewed at the request of the vessel owner, who shall submit a fishing licence application form (Appendix 1) at least 30 days before the expiry of the licence.

Licences shall be kept on board at all times. Before the actual licence is received, a copy may be obtained by fax and shall be kept on board.

Fees shall be fixed at EUR 25 per tonne of tuna or related species fished in waters over which Mozambique has jurisdiction. If a Community fishing vessel exceeds the maximum catch laid down for each vessel, a duty of EUR 25 per tonne shall be payable.

Licences shall be issued subject to the payment to the Fundo de Fomento Pesqueiro of an annual advance of EUR 3000 per tuna seiner and EUR 1500 per surface longliner, which corresponds to the fees payable for catches of 120 tonnes and 60 tonnes respectively of tuna and related species in Mozambique's EEZ.

The Mozambican authorities shall communicate, before the entry into force of the Agreement, all information concerning the bank accounts to be used for the payment of the fees.

3. Declaration of catches and statement of fees payable in respect of tuna and related species

Tuna fishing vessels authorised to fish in Mozambique's fishing zone under the Agreement shall send information on their catches to the Ministry of Fisheries and a copy to the Commission Delegation in Mozambique, in accordance with the following arrangements:

- skippers of vessels fishing for tuna and related species shall fill in a form (declaration of catches), a specimen of which is given in Appendix 3, for each fisheries' period in Mozambique's fishing zone,

- this form shall be sent to the Ministry of Fisheries no later than 45 days after the fishing activities in Mozambique's fishing zone have ended; it shall be completed legibly and signed by the skipper of the vessel,

- forms shall be filled in for all vessels with a licence, even if they have not engaged in any fishing activities.

In the event of a failure to comply with these provisions, the Ministry of Fisheries shall reserve the right to suspend the licence of the offending vessel until the requisite formalities have been carried out. Where this occurs, the Commission Delegation in Mozambique shall be informed immediately.

The final statement of the fees due for the fishing year shall be drawn up at the end of each calendar year by the Commission of the European Communities on the basis of catch declarations made by the vessel owners for each vessel and confirmed by scientific institutions empowered to verify catch data, such as the Institut de Recherche pour le Développement (IRD), the Instituto Español de Oceanografía (IEO), the Instituto Português de Investigação Marítima (IPIMAR) and the Instituto Nacional de Investigação Pesqueira (IIP). The statement shall be forwarded to the Ministry of Fisheries and to the vessel owners at the same time.

Where appropriate, vessel owners shall make any additional payments to the Ministry of Fisheries no later than 30 days following notification of the final statement. However, where the sum due as set out in the final statement is less than the advance, the vessel owner shall not be reimbursed the difference.

4. Provisions applicable to freezer bottom trawlers

Owners of freezer bottom trawlers shall be represented by an agent in Mozambique.

Fishing licences shall be valid for a period of one year, from 1 January to 31 December. They shall be renewed at the request of the vessel owner, who shall submit a licence application form at least 30 days before the expiry of the licence.

Licences shall be kept on board at all times.

Fishing licence fees shall be fixed at EUR 600 per tonne of the quota.

Licences shall be issued subject to the advance payment to the Ministry of Fisheries of a fee of EUR 600 per tonne of the quota.

Mozambican legislation shall govern health inspection matters. For this purpose, Community vessel owners shall fill in the form attached hereto (Appendix 2) and shall make a written application for an international transit document.

The health inspection fees (health approval and international transit health certificate) shall be fixed at EUR 1550 per vessel per year.

The health licence and health certificate shall be issued following the advance payment of the abovementioned fees to the Ministry of Fisheries.

The Ministry of Fisheries shall communicate all information concerning the bank accounts to be used for the payment of the fees.

5. Declaration of catches by freezer bottom trawlers

Trawlers authorised to fish in Mozambique's EEZ under this Agreement shall send information to the Ministry of Fisheries, via the Commission delegation in Mozambique, on the relevant catches and fishing effort. The form to be used for this purpose is set out in Appendices 4 and 5. The declarations in Appendix 4 shall cover 10-day periods and shall be transmitted on the 11th, 21st and last days of each month. The declarations in Appendix 5 shall be transmitted monthly.

6. Fisheries monitoring, health inspections and sampling operations

6.1. Community vessels fishing in Mozambique's EEZ shall admit on board fisheries inspectors, generally known as observers in Community practice, who shall be empowered in the context of their duties to:

- inspect vessels both at sea and in ports,

- check fishing licences, logs, catches on board, fishing gear,

- verify the position of vessels during fisheries operations,

- order any vessel to stop and carry out the manoeuvres required for inspection purposes,

- order vessels to enter the nearest Mozambican port where a serious breach of the rules governing fishing activities is suspected.

6.2. Freezer bottom trawlers shall be subject to the health provisions laid down by the Mozambican legislation in force. They shall admit on board health inspectors empowered to:

- inspect vessels both at sea and in harbours,

- check the vessels' health certificates and general sanitary conditions,

- check crews' medical certificates,

- check the hygiene conditions, and the state of health of the fish and the conditions in which it is stored.

6.3. Community vessels shall admit on board scientific staff, without powers of inspection, to be responsible for gathering data which will make it possible to monitor the state of exploitation of Mozambican fisheries resources, as well as environmental data. Such staff shall be empowered in particular to:

- carry out biological sampling operations and, in particular, measure and weigh the species caught,

- gather oceanographic data (air and water temperatures, salinity, wind, currents, etc.),

- gather fish samples for laboratory analyses.

6.4. Any Community vessel which has taken inspectors or scientific sampling staff on board shall be obliged to provide them with meals, accommodation and medical assistance of a standard at least equivalent to those enjoyed by the vessel's officers.

Where an inspector or member of the scientific sampling staff is put ashore at a place other than the port of embarkation, the vessel owner shall bear the cost of the return journey to the port of embarkation.

If an inspector or member of the scientific sampling staff fails to turn up at the place and time arranged, or within the next 12 hours, the vessel owner shall be released from the obligation to take that person on board.

6.5. The presence on board of the staff referred to above shall be strictly limited to the time deemed necessary by the Mozambican authorities to carry out their respective tasks.

7. Satellite monitoring

Community vessels fishing under the Agreement shall be subjected to satellite monitoring (VMS) in accordance with the fisheries rules laid down by Mozambican legislation and with Community legislation, and on the basis of the arrangements to be defined in a protocol agreed between the Parties.

Where an infringement is suspected, the Mozambican authorities may request the European Commission for information on the records relating to the satellite monitoring of Community vessels fishing in Mozambique's EEZ.

8. Radio communications

Where the skipper intends to take his vessel into Mozambique's fishing zone, he shall give notification thereof and transmit data relating to the catches on board at least 16 hours in advance, either via the Maputo radio station, or by telex or fax. When he gives notification that he intends to leave the area, he shall also declare the volume of the catches taken during the time spent in Mozambique's fishing zone.

The radio frequency and the telex and fax numbers to be used shall be indicated on the fishing licence.

9. Fishing zones

For tuna fishing vessels:

between parallels 10° 30' S and 26° 30' S, beyond 12 miles from the coast.

For trawlers:

between parallels 10° 30' S and 26° 30' S, beyond 12 miles from the coast and at depths of more than 150 metres.

10. Taking on crews

Freezer bottom trawlers authorised to fish in Mozambican waters under the Fisheries Agreement shall be obliged to take on a sufficient number of Mozambican seamen to make up half of their non-officer crew.

Such seamen's wages shall be paid by the vessel owners and shall include contributions to the social security schemes applicable to the seamen: life insurance, accident insurance, health insurance and welfare benefits.

11. Use of port facilities

The conditions governing the use of port facilities shall be established by the Mozambican port authorities.

12. Transhipment

Any transhipment involving a freezer bottom trawler shall be notified to the Mozambican fisheries authorities two business days in advance and shall be carried out in the ports of Beira or Maputo in the presence of the Mozambican fisheries and customs authorities.

Any freezer bottom trawler wishing to leave Mozambique's EEZ with its catches shall undergo a fisheries inspection, the certification procedure required for the transit of the goods and a customs check in the ports of Beira or Maputo, which shall be requested two business days in advance.

The transhipment, fisheries inspection or customs check in the ports of Beira or Maputo shall not affect the Community origin of the catches concerned.

13. Supply of services

Community vessel owners operating in Mozambique's EEZ shall be obliged to give preference to Mozambican services (dockers, handling, refuelling, consignment, etc.).

14. Procedure in the event of boarding

The Mozambican authorities shall inform the Commission delegation in Maputo in writing, within two business days at the latest, of the boarding within Mozambique's fishing zone of any Community fishing vessel operating under the Fisheries Agreement, specifying the circumstances of and the reasons for the boarding. The Commission delegation shall also be kept informed of developments in the proceedings initiated and of any administrative penalties decided on.

15. Infringements

Any infringement of Mozambican legislation or of this Protocol by a Community vessel shall be notified to the Commission delegation in Maputo, without prejudice to the sanctions applicable under the legislation concerned.

Appendix 1

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Appendix 2

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Appendix 3

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Appendix 4

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Appendix 5

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