2012/91/EU: Council Decision of 23 January 2012 on the signing, on behalf of the European Union, and provisional application of the Protocol setting out the fishing opportunities and the financial contribution provided for by the Fisheries Partnership Agreement between the European Community and the Republic of Mozambique

The signing of the Protocol setting out the fishing opportunities and the financial contribution provided for by the Fisheries Partnership Agreement between the European Community and the Republic of Mozambique is hereby authorised on behalf of the Union, subject to the conclusion of the said Protocol. The text of the Protocol is attached to this Decision.

The President of the Council is hereby authorised to designate the person(s) empowered to sign the Protocol on behalf of the Union.

The Protocol shall be applied on a provisional basis as from the signature thereof , pending the completion of the procedures for its conclusion.

This Decision shall enter into force on the day of its adoption.

1 For a period of three (3) years, the fishing opportunities granted under Article 5 of the Fisheries Partnership Agreement shall be as follows: Highly migratory species (species listed in Annex 1 to the 1982 United Nations Convention on the Law of the Sea): (a) 43 ocean-going tuna seiners; and (b) 32 surface longliners.

2 Paragraph 1 shall apply subject to Articles 5 and 6 of this Protocol.

3 Under Article 6 of the Fisheries Partnership Agreement, and Article 7 of this Protocol, vessels flying the flag of a Member State of the European Union may engage in fishing activities in Mozambique waters only if they are on the list of authorised fishing vessels of IOTC and in possession of a fishing authorisation issued under the conditions established in this Protocol in accordance with the Annex thereto.

1 For the period referred to in Article 1, the total financial contribution referred to in Article 7 of the Fisheries Partnership Agreement shall be EUR 2940000 for the whole duration of this Protocol.

2 The total financial contribution shall comprise: (a) an annual amount for access to Mozambique fishing zone of EUR 520000 equivalent to a reference tonnage of 8000 tonnes per year; and (b) a specific amount of EUR 460000 per year for the support and implementation of Mozambique’ sectoral fisheries policy and maritime policy.

3 Paragraph 1 shall apply subject to Articles 3, 5, 6, 8 and 9 of this Protocol.

4 The European Union shall pay the financial contribution referred to in paragraph 1 at the rate of EUR 980000 per year during the period of application of this Protocol, corresponding to the total amount fixed in paragraph 2(a) and 2(b) of this Article (i.e. respectively EUR 520000 and EUR 460000)

5 If the overall quantity of catches of tuna by European Union vessels in Mozambique fishing zone exceeds 8000 tonnes per year, the amount of the annual financial contribution for access rights shall be EUR 65 for each additional tonne caught. However, the total annual amount paid by the European Union shall not be more than twice the amount indicated in paragraph 2(a) (i.e. EUR 1040000). Where the quantities caught by European Union vessels in the Mozambique fishing zone exceed the quantities corresponding to twice the total annual amount, the amount due for the quantity exceeding that limit shall be paid the following year in line with the provisions of the Annex.

6 Payment shall be made no later than 60 days after this Protocol’s provisional application as referred in article 15 for the first year, and no later than the anniversary date of this Protocol for the following years.

7 Mozambique shall have full discretion regarding the use to which the financial contribution specified in Article 2 paragraph 2(a) is put.

8 The financial contribution shall be paid or transferred into the single central treasury account. The account number shall be provided by the Mozambique authorities.

1 As soon as this Protocol enters into force and no later than three months after that date, the European Union and Mozambique shall agree, within the Joint Committee provided for in Article 9 of the Fisheries Partnership Agreement, on a multiannual sectoral program, according with the Mozambique Fisheries Masterplan and European Commission policy framework, and detailed implementing rules covering, in particular: (a) annual and multiannual guidelines for using the specific amount of the financial contribution referred to in Article 2 paragraph 2(b); (b) the objectives, both annual and multiannual, to be achieved with a view to introduce responsible fishing and sustainable fisheries, taking account of the priorities expressed by Mozambique in its national fisheries policy, and other policies relating to or having an impact on the promotion of responsible fishing and sustainable fisheries, including marine protected areas; (c) criteria and procedures including where appropriate budgetary and financial indicators, for evaluating the results obtained each year.

2 Any proposed amendments to the multiannual sectoral programme must be approved by both Parties within the Joint Committee.

3 Each year, Mozambique may allocate, if necessary, an additional amount to the financial contribution referred to in Article 2 paragraph 2(b) with a view to implementing the multiannual programme. This allocation shall be notified to the European Union.

1 The two Parties hereby undertake to promote responsible fishing in Mozambique waters based on the principle of non-discrimination between the different fleets fishing in those waters.

2 During the period covered by this Protocol, the European Union and Mozambique shall endeavour to monitor the state of fishery resources in the Mozambique’s fishing zone.

3 Both Parties shall endeavour to respect the resolutions and recommendations of the Indian Ocean Tuna Commission (IOTC) and, the advice of the joint scientific working group provided for by Article 4 paragraph 2 of the Agreement, regarding conservation and responsible management of fisheries.

4 In accordance with article 4 of the Agreement, based on the recommendations and resolutions taken within the IOTC, and the best available scientific advice and, where appropriate, the results of the joint scientific meeting provided for by Article 4 of the Fisheries Partnership Agreement, the two Parties may consult each other within the Joint Committee provided for in Article 9 of the Fisheries Partnership Agreement and, where necessary, agree on the measures to ensure sustainable management of Mozambique’ fisheries resources.

5 In case EU vessels land their catch in third countries, Mozambique authorities will have the possibilities of observing these landings.

1 The fishing opportunities referred to in Article 1 may be adjusted by mutual agreement in so far as the recommendations and resolutions of IOTC and the joint scientific working group support that such an adjustment will secure the sustainable management of tuna and tuna-like species in the Indian Ocean.

2 In this case the financial contribution referred to in Article 2 paragraph 2(a) shall be adjusted proportionately and pro rata temporis. However, the total annual amount paid by the European Union shall not be more than twice the figure indicated in Article 2 paragraph 2(a).

3 Both Parties shall notify each other of any changes in their respective fisheries policy and legislation.

1 In the event that European Union fishing vessels become interested in engaging in fisheries not provided for in Article 1 of the Fisheries Partnership Agreement, the Parties shall consult each other before any possible authorisation is granted for any such activities and, where appropriate, agree on the conditions for such fishing including effecting corresponding amendments to this Protocol and the Annex thereto.

2 The Parties should encourage experimental fishing, especially relating to under exploited deep water species, present in Mozambique waters. To this end, and at the request of one Party, the Parties shall consult each other with a view to determining on a case by case basis, the species, conditions and other parameters that are relevant.

3 The Parties shall carry out experimental fishing in accordance with parameters that will be agreed by both Parties in an administrative arrangement where appropriate. The authorisations for experimental fishing should be agreed for a maximum period of 6 months.

4 In the event that the Parties consider that experimental campaigns have given positive results, the Government of Mozambique may allocate fishing possibilities of the new species to the European Union fleet until the expiration of this Protocol. The financial compensation mentioned in Article 2 paragraph 2(a) of this Protocol shall consequently be increased. Ship-owners’ fees and conditions as provided for in the Annex shall be amended accordingly.

Without prejudice to Article 6 of the Fisheries Partnership Agreement, European Union vessels may fish in Mozambique waters only if they are in possession of a valid fishing authorisation issued by Mozambique under this Protocol and the Annex thereto.

1 Notwithstanding the provisions laid out in Article 9 of this Protocol, the financial contribution referred to in Article 2 paragraph 2(a) and (b) shall be reviewed or suspended after consultation between the two Parties: (a) if fishing activities in Mozambique fishing zone are prevented for reasons other than natural phenomena; (b) following significant changes in the policy guidelines of either one of the Parties affecting the relevant provisions of this Protocol.

2 Sectoral policy support results and value for money performances will be assessed by the Government of Mozambique or by an external evaluator to be procured by the government of the Mozambique. The results of this annual evaluation will be analysed in the framework of the Joint Committee as provided for in Article 3 of this Protocol. Consequently if the performances of the sectoral policy support are found to be materially inconsistent with the budgeted program, the European Commission may suspend, totally or partially, the payment of the specific contribution provided for in article 2 paragraph 2(b).

3 Payment of the financial contribution and/or fishing activities may recommence once the situation has returned to the status prior to the occurrence of the abovementioned circumstances and if the two Parties agree to do so following consultation.

1 Implementation of this Protocol shall be suspended at the initiative of either one of the Parties subject to consultations between and agreement of the Parties within the Joint Committee provided for in Article 9 of the Agreement: (a) if exceptional circumstances, other than natural phenomena, prevent fishing activities in Mozambique fishing zone; (b) in case the European Union fails to make the payments provided for in Article 2, paragraph 2 (a) for reasons not covered by Article 8 of this Protocol; (c) where a dispute arises between the Parties over the interpretation and implementation of this Protocol and the Annex thereto which cannot be settled; (d) if either one of the Parties does not respect the provisions laid out by this Protocol and the Annex thereto; (e) following significant changes in the policy guidelines of either one of the Parties affecting the relevant provisions of this Protocol; (f) if either one of the Parties ascertains a breach of essential and fundamental elements on human rights as laid out by Article 9 of the Cotonou Agreement, and following the procedure set out in Articles 8 and 96 thereof; (g) in case of non-compliance with the International Labour Organisation Declaration on Fundamental Principles and Rights at Work as provided in Article 3, paragraph 5 of the Fisheries Partnership Agreement.

2 Suspension of implementation of this Protocol shall require the Party concerned to notify its intention in writing at least three months before the date on which the suspension is due to take effect.

3 In the event of suspension of implementation, the Parties shall continue to consult with a view to finding an amicable settlement to their dispute. Where such settlement is reached, implementation of this Protocol shall resume and the amount of the financial contribution shall be reduced proportionately and pro rata temporis according to the period during which implementation of this Protocol was suspended.

1 The activities of European Union fishing vessels in Mozambique’s waters are subject to the laws and regulations of Mozambique unless otherwise provided under this Protocol and the Annex thereto.

2 The authorities of Mozambique shall inform the European Commission of any changes or new legislation regarding the fishery policy.

The Parties shall ensure that, at any time, all data relating to EU vessels and their fishing activities in the Mozambican waters will be treated as confidential. These data are used exclusively for the implementation of the Agreement and for the purposes of fisheries management, monitoring, control and surveillance with the relevant competent authorities.

Mozambique and the European Union will undertake to implement without delay the necessary systems for the electronic exchange of all information and documents related to the implementation of the Agreement. The electronic form of a document at any point will be considered equivalent to the paper version. Both Parties will immediately notify any disruption of a computer system impeding such exchanges. In those circumstances, the information and documents related to the implementation of the Agreement shall be automatically replaced by their paper version in the manner defined in the Annex.

This Protocol and the Annex thereto shall apply for a period of three (3) years from its provisional application as determined in Article 15, unless notice of termination is given in accordance with Article 14.

1 In the event of termination of this Protocol, the Party concerned shall notify the other Party in writing of its intention to terminate it at least six months before the date on which such termination should take effect.

2 Dispatch of the notification referred to in the previous paragraph shall open consultations by the Parties.

This Protocol shall be applied provisionally from the date of its signature but not earlier than 1 January 2012.

This Protocol with its Annex shall enter into force on the date on which the Parties notify each other of the completion of the procedures necessary for that purpose.