Fisheries Agreement between the European Community and the Republic of Mozambique


Published: 0000-00-00

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
22003A1231(01)
 
Fisheries Agreement between the European Community and the Republic
of Mozambique
 
Official Journal L 345 , 31/12/2003 P. 0045 - 0047 
 
Dates:
of document:   31/12/2003; Date of publication
of effect:   00/00/0000; Entry into force See Art 15
end of validity:   99/99/9999; Tacit renewal for 3 Years See
Art. 13
 
Authentic language: The official languages ; English ; Danish ;
German ; Spanish ; Finnish ; French ; Greek ; Italian ; Dutch ;
Portuguese ; Swedish
Author:
European Community ; Mozambique
 
Subject matter: Fisheries policy ; External relations ; African
Caribbean and Pacific States
Directory code: 04202000 ; 11403000
EUROVOC descriptor: fishing agreement ; Mozambique ; fishing rights
; authorised catch
 
Legal basis:
102E037................... Adoption
102E300-P2................ Adoption
102E300-P3L1.............. Adoption
Earlier related instruments:
203A1231(02)......Relation......
Amended by:
Relation...... 303R2329..........
Subsequent related instruments:
Relation...... 204X0124(01)......
 
 
 
 
Fisheries Agreement between the European Community and the Republic
of Mozambique
 
THE EUROPEAN COMMUNITY, hereinafter referred to as "the Community",
on the one hand, and
THE REPUBLIC OF MOZAMBIQUE, hereinafter referred to as "Mozambique",
on the other hand,
together hereinafter referred to as "the Parties",
CONSIDERING the close working relationship between the Community and
Mozambique, particularly in the context of the Lomł Convention and
the Cotonou Agreement, and their mutual desire to intensify that
relationship,
HAVING REGARD TO the United Nations Convention on the Law of the
Sea,
AWARE of the importance of the principles established by the code of
conduct for responsible fisheries adopted at the FAO Conference in
1995,
DETERMINED to cooperate, in their mutual interest, in promoting the
long-term conservation and sustainable exploitation of living marine
resources,
DESIROUS of establishing terms and conditions to govern the
activities and cooperation conducted in the Parties' mutual interest
in the fishing sector,
CONVINCED that such cooperation will reinforce their mutual
interests and the achievement of their respective economic and
social objectives,
RESOLVED to pursue closer economic cooperation in the fishing
industry and in related activities through the setting up and
development of joint enterprises involving undertakings from both
Parties,
HAVING DECIDED to promote cooperation in the fisheries sector and
connected sectors,
HAVE AGREED AS FOLLOWS:
Article 1
This Agreement establishes the principles, rules and procedures
governing:
- economic, financial, technical and scientific cooperation in the
fisheries sector, with a view to guaranteeing the conservation and
sustainable exploitation of fisheries resources, and developing the
Mozambican fisheries sector,
- the conditions governing the access of Community fishing vessels
to Mozambican waters,
- economic activities in the fisheries sector and in related
activities.
 
Article 2
For the purposes of this Agreement:
(a) "Mozambican authorities" means the Ministry of Fisheries of the
Republic of Mozambique;
(b) "Community authorities" means the Commission of the European
Communities;
(c) "Community vessel" means a fishing vessel flying the flag of a
Member State of the Community and registered in the Community;
(d) "joint enterprise" means a commercial company set up in
Mozambique by vessel owners or national enterprises from the Parties
to carry on fishing or related activities;
(e) "Joint Committee" means a committee made up of representatives
of the Community and Mozambique to be responsible for monitoring the
application and interpretation of this Agreement.
 
Article 3
1. Mozambique undertakes to authorise Community vessels to carry on
fishing activities in its fishing zone in accordance with this
Agreement, including the Protocol and Annex.
2. The fishing activities governed by this Agreement shall be
subject to the laws and regulations in force in Mozambique.
 
Article 4
1. The Community undertakes to take all the appropriate steps
required to ensure that its vessels comply with this Agreement and the legislation governing fisheries in the waters over which
Mozambique has jurisdiction.
2. The Mozambican authorities shall notify the Commission of the
European Communities of any amendments to that legislation.
 
Article 5
1. The Community shall grant Mozambique financial compensation in
accordance with the terms and conditions of access to the Mozambican
fisheries defined in the Protocol and Annexes.
2. This financial compensation shall be granted annually to support
the programmes and measures implemented by Mozambique in connection
with the management and administration of fishing, the conservation
and sustainable exploitation of fisheries resources and the
development of the Mozambican fishing sector.
 
Article 6
1. Should serious events other than natural phenomena prevent
fishing activities from being carried on in Mozambique's fishing
zone, the Community may suspend payment of the financial
compensation, following prior consultations between the two Parties.
2. Once the situation has returned to normal, payment of the
financial compensation shall be resumed after the two Parties have
consulted one another and agreed that the situation is such as to
allow the normal exercise of fishing activities.
3. The validity of the licences granted to Community vessels under
Article 8 shall be extended by a period equal to that during which
fishing activities were suspended.
 
Article 7
1. The fishing activities carried on by Community vessels in
Mozambican waters shall be subject to a licence scheme in accordance
with the Mozambican legislation in force.
2. The procedure for obtaining a fishing licence for a vessel, the
taxes applicable and the method of payment to be used by vessel
owners are defined in the Annex to the Protocol.
 
Article 8
1. Should considerations relating to the conservation and protection
of Mozambique's fisheries' resources result in the adoption of
management measures which are liable to affect the fishing
activities of Community vessels operating under this Agreement, the
Parties shall consult one another with a view to adapting the
Protocol and its Annexes.
2. In accordance with national legislation, fisheries control
arrangements adopted by the Mozambican authorities with a view to
preserving resources shall be based on objective, scientific
criteria. Such arrangements shall not discriminate against Community
vessels, without prejudice to the agreements concluded between
developing countries within one geographical region and, in
particular, the reciprocal fisheries agreements.
 
Article 9
1. The Parties shall encourage economic, scientific and technical
cooperation in the fisheries sector and related sectors. They shall
consult one another with a view to coordinating the different
measures provided for by this Agreement.
2. The Parties shall encourage exchanges of information on fishing
techniques and gear, preservation methods and the industrial
processing of fisheries products.
3. The two Parties shall endeavour to create conditions favourable
to the promotion of relations between enterprises from the Parties
in the technical, economic and commercial spheres.
4. The Parties shall undertake to consult one other, either directly
or within the international organisations concerned, to ensure the
management and conservation of living resources in the Indian Ocean,
and to cooperate in the relevant scientific research.
 
Article 10
1. The Parties shall encourage the setting-up of joint enterprises
in their mutual interest with a view to developing fishing and
related activities in Mozambique.
2. The transfer of Community vessels to joint enterprises and the
creation of joint enterprises in Mozambique shall be carried out in
such a way as to comply systematically with the Mozambican and
Community legislation in force.
 
Article 11
A Joint Committee shall be set up to monitor the application of this
Agreement. The task of this Joint Committee shall consist mainly in:
1. monitoring the performance, interpretation and application of the
Agreement and, in particular, the implementation of the programmes
and measures referred to in Article 5 and described in the Protocol
annexed hereto;
2. providing the necessary liaison for questions of mutual interest
in the fisheries' sphere;
3. acting as a forum for the amicable settlement of any disputes to
which the interpretation or application of the Agreement may give
rise;
4. reassessing, where necessary, the level of fishing opportunities
and, consequently, of financial compensation.
The Joint Committee shall meet at least once a year, in Mozambique
and the Community alternately. It shall hold a special meeting at
the request of either of the Parties.
 
Article 12
This Agreement shall apply, on the one hand, to the territories in
which the Treaty establishing the European Community is applied,
under the conditions laid down in that Treaty and, on the other, to
the territory of the Republic of Mozambique.
 
Article 13
1. This Agreement shall apply for a period of three years from the
date of its entry into force; it shall be renewable for additional
periods of three years, unless notice of termination is given in
writing by either of the Parties at least six months before the date
of expiry of the initial period or each additional period.
2. In the event of either of the Parties giving notice to terminate
this Agreement, the parties shall enter into consultations.
 
Article 14
The Protocol and the Annex shall form an integral part of this
Agreement.
 
Article 15
This Agreement, drawn up in duplicate in the Danish, Dutch, English,
Finnish, French, German, Greek, Italian, Portuguese, Spanish and
Swedish languages, each of these texts being equally authentic,
shall enter into force on the date on which the Parties notify one
another that their adoption procedures have been completed.