2007/798/EC: Council Decision of 22 November 2007 on the conclusion of an Agreement in the form of an Exchange of Letters on the provisional application of the Fisheries Partnership Agreement between the European Community and the Republic of Mozambique

• Articles: 21

Article 1

The Agreement in the form of an Exchange of Letters relating to the provisional application of the Fisheries Partnership Agreement between the European Community and the Republic of Mozambique, (hereinafter referred to as ‘the Agreement in the form of an Exchange of Letters’) is hereby approved on behalf of the Community.

The texts of the Agreement in the form of an Exchange of Letters and of the Partnership Agreement are attached to this Decision.

Article 1 Scope

This Agreement establishes the principles, rules and procedures governing:

—

economic, financial, technical and scientific cooperation in the fisheries sector with a view to promoting responsible fishing in Mozambique’s fishing zones in order to guarantee the conservation and sustainable exploitation of fisheries resources and develop Mozambique’s fisheries sector,

—

the conditions governing access by Community fishing vessels to Mozambique’s fishing zone,

—

cooperation on the arrangements for policing fisheries in Mozambique’s fishing zone with a view to ensuring that the above rules and conditions are complied with, that the measures for the conservation and management of fish stocks are effective and that illegal, undeclared and unregulated fishing is prevented,

—

partnerships between operators aimed at developing economic activities in the fisheries sector and related activities, in the common interest.

Article 2

The fishing opportunities set out in the Protocol to the Partnership Agreement shall be provisionally allocated among the Member States as follows:

Fishing Category

Type of vessel

Member State

Licences

Tuna fishing

Purse seine vessels

Spain:

23

France:

20

Italy:

1

Tuna fishing

Long-liners

Spain:

23

France:

11

Portugal:

9

United Kingdom:

2

If fishing licence applications from these Member States do not cover all the fishing opportunities set out in the Protocol to the Partnership Agreement, the Commission may consider fishing licence applications from any other Member State.

Article 2 Definitions

For the purposes of this Agreement:

(a)

‘Mozambican authorities’ means the Ministry of Fisheries of the Republic of Mozambique;

(b)

‘Community authorities’ means the European Commission;

(c)

‘Mozambique’s fishing zone’ means Mozambique’s marine waters where fishing is authorised;

(d)

‘fishing vessel’ means any vessel used for fishing purposes according to Mozambican law;

(e)

‘Community vessel’ means a fishing vessel flying the flag of a Member State of the Community and registered in the Community;

(f)

‘Joint Committee’ means a committee made up of representatives of the Community and Mozambique, as provided for in Article 9 of this Agreement;

(g)

‘transhipment’ means the transfer in the port area of some or all of the catch from one fishing vessel to another vessel;

(h)

‘shipowner’ means the person legally responsible for a fishing vessel, in its charge and control;

(i)

‘ACP seamen’ means any seamen who are nationals of a non-European signatory to the Cotonou Agreement.

Article 3

The Member States whose vessels fish under the Agreement in the form of an Exchange of Letters shall notify the Commission of the quantities of each stock caught within the Mozambique fishing zone in accordance with Commission Regulation (EC) No 500/2001 of 14 March 2001 laying down detailed rules for the application of Council Regulation (EEC) No 2847/93 on the monitoring of catches taken by Community fishing vessels in third country waters and on the high seas  ( 2 ) .

Article 3 Principles and objectives underlying the implementation of this Agreement

1.   The Parties hereby undertake to promote responsible fishing in Mozambican waters as provided for in FAO’s Code of Conduct for Responsible Fishing on the basis of the principles of non-discrimination between the different fleets fishing in those waters.

2.   The Parties shall cooperate with a view to monitoring the results of the implementation of the fishing policy adopted by the Mozambican Government and evaluating the measures, programmes and actions carried out on the basis of this Agreement and shall establish, to this end, a political dialogue in the fisheries sector. The results of the evaluations shall be analysed by the Joint Committee provided for in Article 9 of this Agreement.

3.   The Parties hereby undertake to ensure that this Agreement is implemented in accordance with the principles of good economic and social governance, respecting the state of fish stocks.

4.   The employment of Mozambican seamen on board Community vessels shall be governed by the International Labour Organisation (ILO) Declaration on Fundamental Principles and Rights at Work, which shall apply as of right to the corresponding contracts and general terms of employment. This concerns in particular the freedom of association and the effective recognition of the right to collective bargaining, and the elimination of discrimination in respect of employment and occupation. Non-Mozambican ACP seamen on board Community vessels shall enjoy the same conditions.

5.   The Parties shall consult one another prior to adopting any decision that may affect the activities of Community vessels under this Agreement.

Article 4

The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement in the form of an Exchange of Letters in order to bind the Community.

Article 4 Scientific cooperation

1.   During the period covered by this Agreement, the Community and the Mozambican authorities shall endeavour to monitor the evolution of resources in Mozambique’s fishing zone.

2.   The Parties undertake to consult one another, by means of a joint scientific working group 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.

3.   The two Parties, on the basis of the consultation referred to in paragraph 2, shall consult one another within the Joint Committee provided for in Article 9 and jointly adopt conservation measures for sustainable management of fish stocks affecting the activities of Community vessels.

Article 5 Access by Community vessels to fisheries in Mozambican waters

1.   Mozambique undertakes to authorise Community vessels to engage in fishing activities in its fishing zone in accordance with this Agreement, including the Protocol and Annex thereto.

2.   The fishing activities governed by this Agreement shall be subject to the laws and regulations in force in Mozambique. The Mozambican authorities shall notify the Commission of any amendments to that legislation.

3.   Mozambique undertakes to take all the appropriate steps required for the effective application of the fisheries monitoring provisions in the Protocol. Community vessels shall cooperate with the Mozambican authorities responsible for carrying out such monitoring.

4.   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 Mozambique’s fishing zone.

Article 6 Licences

1.   Community vessels may fish in Mozambique’s fishing zone only if they are in possession of a fishing licence on board, or a copy thereof, issued under this Agreement and the Protocol hereto.

2.   The procedure for obtaining a fishing licence for a vessel, the fees applicable and the method of payment to be used by shipowners shall be as set out in the Annex to the Protocol.

Article 7 Financial contribution

1.   The Community shall grant Mozambique a financial contribution in accordance with the terms and conditions laid down in the Protocol and Annexes. This single contribution shall be based on two elements, namely:

(a)

access by Community vessels to Mozambican waters and fisheries resources; and

(b)

the Community’s financial support for promoting responsible fishing and the sustainable exploitation of fisheries resources in Mozambican waters.

2.   The element of the financial contribution referred to in paragraph 1(b) shall be determined in the light of objectives identified by common accord between the Parties in accordance with the Protocol, to be achieved in the context of the sectoral fisheries policy drawn up by the Mozambican Government and an annual and multiannual programme for its implementation.

3.   The financial contribution granted by the Community shall be paid each year in accordance with the Protocol and subject to this Agreement and the Protocol in the event of any change to the amount of the contribution as a result of:

(a)

serious circumstances other than natural phenomena which are such as to prevent fishing activities in Mozambican waters;

(b)

a reduction in the fishing opportunities granted to Community vessels, made by mutual agreement for the purposes of managing the stocks concerned, where this is considered necessary for the conservation and sustainable exploitation of resources on the basis of the best available scientific advice;

(c)

an increase in the fishing opportunities granted to Community vessels, made by mutual agreement between the Parties where the best available scientific advice concurs that the state of resources so permits;

(d)

a reassessment of the terms of financial support for implementing a sectoral fisheries policy in Mozambican, where this is warranted by the results of the annual and multiannual programming observed by both Parties;

(e)

termination of this Agreement under Article 12;

(f)

suspension of the application of this Agreement under Article 13.

Article 8 Promoting cooperation among economic operators and civil society

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 that might be taken to this end.

2.   The Parties undertake to promote the exchange of information on fishing techniques and gear, preservation methods and the industrial processing of fisheries products.

3.   The Parties shall endeavour to create conditions favourable to the promotion of relations between their enterprises in the technical, economic and commercial spheres, by encouraging the establishment of an environment favourable to the development of business and investment.

4.   The Parties undertake to implement a plan and actions between Mozambican and Community operators aimed at promoting fish landing from Community vessels in Mozambique.

5.   The Parties shall encourage, in particular, the setting-up of joint enterprises in their mutual interest which shall systematically comply with Mozambican and Community legislation.

Article 9 Joint Committee

1.   A Joint Committee shall be set up to monitor the application of this Agreement. The Joint Committee shall perform the following functions:

(a)

monitoring the performance, interpretation and application of this Agreement and, in particular, the definition of the annual and multiannual programming referred to in Article 7(2) and evaluation of its implementation;

(b)

providing the necessary liaison for matters of mutual interest relating to fisheries;

(c)

acting as a forum for the amicable settlement of any disputes regarding the interpretation or application of the Agreement;

(d)

reassessing, where necessary, the level of fishing opportunities and, consequently, of the financial contribution;

(e)

any other function which the Parties decide on by mutual agreement.

2.   The Joint Committee shall exercise its functions with regard to the results of consultation at scientific level referred to in Article 4 of this Agreement.

3.   The Joint Committee shall meet at least once a year, alternately in Mozambique and in the Community, and shall be chaired by the Party hosting the meeting. It shall hold a special meeting at the request of either Party.

Article 10 Geographical area to which the Agreement applies

This Agreement shall apply, on the one hand, to the territories in which the Treaty establishing the European Community applies, under the conditions laid down in that Treaty, and, on the other, to the territory of Mozambique.

Article 11 Duration

This Agreement shall apply for five years from the date of its entry into force; it shall be tacitly renewed for additional periods of five years, unless notice of termination is given in accordance with Article 12.

Article 12 Termination

1.   Application of this Agreement may be terminated by one of the Parties in the event of serious circumstances, other than natural phenomena, which are beyond the reasonable control of one of the Parties and are such as to prevent fishing activities in Mozambican waters. This Agreement may also be terminated by either Party in the event of degradation of the stocks concerned, the discovery of a reduced level of exploitation of the fishing opportunities granted to Community vessels, or failure to comply with undertakings made by the Parties with regard to combating illegal, unreported and unregulated fishing.

2.   The Party concerned shall notify the other Party in writing of its intention to withdraw from the Agreement at least six months before the date of expiry of the initial period or each additional period.

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

4.   Payment of the financial contribution referred to in Article 7 for the year in which the termination takes effect shall be reduced proportionately and pro rata temporis .

Article 13 Suspension

1.   Application of this Agreement may be suspended at the initiative of one of the Parties in the event of a serious disagreement as to the application of provisions laid down in the Agreement. Suspension of application of the Agreement shall require the interested Party to notify its intention in writing at least three months before the date on which suspension is due to take effect. On receipt of this notification, the Parties shall enter into consultations with a view to resolving their differences amicably.

2.   Payment of the financial contribution referred to in Article 7 shall be reduced proportionately and pro rata temporis , according to the duration of the suspension.

Article 14 Protocol and Annex

The Protocol, the Annex and Appendices hereto shall form an integral part of this Agreement.

Article 15 National law

The activities of Community vessels operating in Mozambican waters shall be governed by the applicable law in Mozambique, unless otherwise provided in this Agreement or the Protocol, its Annex and Appendices thereto.

Article 16 Repeal

On the date of its entry into force, this Agreement repeals and replaces the Agreement between the European Community and the Government of the Republic of Mozambique on fishing off the coast of Mozambique which entered into force on 31 December 2003.

Article 17 Entry into force

This Agreement, drawn up in duplicate in the Bulgarian, Czech, Estonian, Danish, Dutch, English, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish and Swedish languages, each of these texts being equally authentic. It shall enter into force on 1 January 2007.