Council Regulation (EEC) No 2143/87 of 13 July 1987 concerning the conclusion of the Agreement between the European Economic Community and the Government of the People's Republic of Mozambique on fisheries relations

The Agreement between the European Economic Community and the Government of the People's Republic of Mozambique on fisheries relations is hereby approved on behalf of the Community. The text of the Agreement is attached to this Regulation.

The President of the Council is hereby authorized to designate the persons empowered to sign the Agreement in order to bind the Community .

This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.

The purpose of this Agreement is to establish the principles and rules which will in future govern, in all respects, the fisheries relations between the Community and Mozambique including fishing by vessels flying the flag of a Member State of the Community, hereinafter referred to as ‘Community vessels’, in the waters over which Mozambique has sovereignty or jurisdiction in respect of fisheries in accordance with the provisions of the United Nations Convention on the Law of the Sea and other rules of international law, hereinafter referred to as ‘Mozambique's waters’.

1 Mozambique shall permit fishing by Community vessels in Mozambique's waters in accordance with this Agreement.

2 The fishing activities under this Agreement shall be subject to the laws of Mozambique.

1 The Community undertakes to take all appropriate steps to ensure that its vessels observe the provisions of this Agreement and the laws relating to fishing in Mozambique's waters consistent with the provisions of the United Nations Convention on the Law of the Sea and other rules of international law.

2 The authorities of Mozambique shall notify the Commission of the European Communities of any change to the said laws.

3 The measures taken by Mozambican authorities to regulate fisheries for the purpose of conservation 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.

1 Fishing activities by Community vessels in Mozambique's waters under the present Agreement shall be subject to possession of a fishing licence issued at the Community's request by the authorities of Mozambique.

2 The authorities of Mozambique will issue fishing licences within the limits laid down in the Protocol referred to in Article 8 of this Agreement.

3 Licences shall be valid in the zones defined in the Annex.

4 Licences shall be valid, at the request of the shipowner, for periods defined in the Annex.

5 A licence shall be issued for a given vessel and shall not be transferable.

6 At the request of the Community, a vessel's fishing licence may, and in the case of force majeure will, be replaced by a licence for another vessel of which the fishing capacity does not exceed that of the vessel to be replaced.

1 Fishing licences shall be issued by the authorities of Mozambique subject to payment of a fee by the shipowner concerned.

2 The fee for a tuna-fishing licence shall be set per tonne of tuna caught in Mozambique's waters; the fee for shrimp trawlers shall be set according to the number of gross registered tonnes admissible under the licences.

3 The amount of these fees and the methods of payment are set out in the Annex.

The Parties undertake to consult each other, either directly or within international organizations, to ensure the management and conservation of the living resources in the Indian Ocean and to cooperate in the relevant scientific research.

The vessels authorized to fish in Mozambique's waters in the framework of this Agreement are obliged to communicate to the competent services of Mozambique the statements of catch and other relevant information according to the modalities defined in the Annex.

In return for the fishing opportunities granted under Article 2, the Community will pay, in accordance with the conditions and arrangements stipulated in the Protocol annexed to this Agreement a financial contribution to Mozambique, without prejudice to the financing received by Mozambique under the Lomé Convention.

1 The Parties agree to consult on questions relating to the implementation and proper functioning of this Agreement.

2 In the event of a dispute concerning the interpretation or application of this Agreement, such dispute shall be the subject of consultation between the Parties.

1 With the aim of adopting practical measures for the application of the present Agreement, the Parties agree to constitute a Joint Committee. This Committee shall have the following competences: to oversee the implementation, interpretation and proper functioning of the said Agreement; to ensure the necessary liaison concerning matters of common interest; to agree upon: licence fees for vessels fishing for shrimps, the quantitative limits for the species referred to in Articles 1 (1) and 1 (2) of the Protocol.

2 The Joint Committee will at least meet annually, preferably during the third quarter, alternatively in the People's Republic of Mozambique and the Community, or extraordinarily at the request of either Party, the date and location to be agreed.

3 The Parties shall consult at least 30 days in advance regarding the date and agenda for the Joint Committee meeting.

Should the authorities of Mozambique decide, as a result of developments in the state of stocks, to take conservation measures which affect the activities of Community vessels, consultations shall be held between the Parties in order to adapt the Annex and the Protocol attached to this Agreement. 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.

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.

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 People's Republic of Mozambique.

The Annex and the Protocol shall form an integral part of this Agreement and a reference to this Agreement shall also constitute a reference to the Annex and Protocol.

This Agreement shall be concluded for an initial period of five years from the date of its entry into force. Unless one of the Parties denounces it by giving notice to that effect six months before the date of expiry of the five-year period, it shall remain in force for further periods of two years unless denounced by notice given at least three months before the date of expiry of each such two-year period. At the end of the five-year period, and thereafter at the end of each two-year period, and at the end of the duration 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. In the event of a Contracting Party giving notice denouncing the Agreement, the Contracting Parties shall enter into negotiations.

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.

From 1 January 1987, for a period of three years, the limits referred to in Article 2 of the Agreement shall be as follows: 1. Shrimp vessels fishing exclusively on deep-water shrimps: 1100 grt per month on a yearly average. 2. Shrimp vessels fishing on shallow-water and deep-water shrimps: 3700 grt per month on a yearly average. The quantities to be fished by Community vessels in 1987 may not exceed 1000 tonnes of deep-water shrimps and 1500 tonnes of shallow-water shrimps. These quantitative limits will be reviewed, for each of the following years, 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. Pending the availability of more extensive knowledge in respect of tuna resources and without prejudice to future arrangements, 40 ocean-going freezer tuna boats are allowed to fish simultaneously.

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 6900000 ECU, payable in three annual instalments.

2 If during the period of application of this Protocol the amount of tuna caught by Community vessels in Mozambican waters exceeds 18000 tonnes, the financial compensation will be increased by 50 ECU per tonne caught above this quantitative 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 body designated by Mozambique.

In the event of an increase in the availability of fishing possibilities then at the request of the Community the vessels' limits referred to in Article 1 (1) and (2) may be increased. In this case, the financial compensation referred to Article 2 shall be increased proportionally pro rata temporis.

1 The Community shall also contribute, during the period referred to in Article 1, 600000 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. At the request of Mozambique, part of the amount not exceeding 60000 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 sicientific and technical programmes shall be paid into an account specified on each occasion by the Office of the Secretary of State for Fisheries.

Should the Community fail to make the payments provided for in this Protocol, the Agreement on fishing may be suspended.