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.