52005PC0693

[pic] | COMMISSION OF THE EUROPEAN COMMUNITIES |

Brussels, 23.12.2005

COM(2005) 693 final

2005/0276 (CNS)

Proposal for a

COUNCIL REGULATION

concerning the conclusion of the Agreement between the European Community and the United Republic of Tanzania on fishing in Tanzania’s fishing zone

(presented by the Commission)

EXPLANATORY MEMORANDUM

In 1990 the European Economic Community and the United Republic of Tanzania had initialled a tuna Agreement which has never been implemented because of internal Tanzanian constitutional/political problems.

In 2003 both Parties wished to resume their fisheries relations. After an exploratory mission and 3 negotiation rounds, the Parties initialled a new Agreement, on 4 June 2004. A Protocol and a technical Annex are an integral part of the Agreement.

The Protocol to the Agreement, which establishes the fishing possibilities and the financial contribution, has been concluded for an initial period of three years. It grants fishing possibilities for 39 tuna seiners, and 31 surface longliners.

The financial contribution is fixed at € 600 000 per year and covers a catch weight in the Tanzania’s fishing zone of 8 000 tons of catches per year. Part of the financial contribution equivalent to € 390 000 per year shall be earmarked to the financing of targeted actions, such as control and surveillance, institutional support and development of local small scale fisheries.

The new Agreement is important for the Community tuna fleet as it is part of a network of tuna Agreements in the Indian Ocean. It foresees the setting-up of a monitoring and surveillance system, inexistent up to date in Tanzania.

The content of the Agreement had been agreed upon by both parties already in October 2003 while the text has been finalised in June 2004. Consequently, the Council conclusions on a Communication from the Commission on an integrated framework for Fisheries Partnership Agreements with third countries[1] not having been adopted by that time, the Commission considered that the partnership approach could not be applied during the negotiation.

However, the spirit of the Agreement is in line with the objective of sustainable fisheries. In this sense, the following new elements, in respect to a “classical” access agreement, have been introduced: i) exclusive clause prohibiting any private licence or other arrangement by EC shipowners, ii) mutual agreement between the Tanzanian authorities and the European Commission on the measures to be financed after submission of a detailed programming, iii) obligation for the Community fleet operating in the Tanzania’s fishing zone to embark at least 30 local seamen and to apply the social clause, iv) fishing outside 12 miles from the coast, v) collection of by-catches and ban of by-catch dumping, vi) sanctions for non-compliance with the Protocol and the relevant Tanzanian legislation.

The Agreement shall enter into force when the Parties exchange the notification concerning the accomplishment of the respective appropriate adoption procedures.

The Commission proposes on this basis that the Council adopt by Regulation the Agreement.

2005/0276 (CNS)

Proposal for a

COUNCIL REGULATION

concerning the conclusion of the Agreement between the European Community and the United Republic of Tanzania on fishing in Tanzania’s fishing zone

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 37 in conjunction with Article 300 (2) and the first subparagraph of Article 300 (3) thereof,

Having regard to the proposal from the Commission[2],

Having regard to the opinion of the European Parliament[3]

Whereas:

1. The European Community and the United Republic of Tanzania have negotiated and initialled a Fishery Agreement providing Community fishermen with fishing opportunities in the waters over which Tanzania has sovereignty or jurisdiction in respect of fisheries.

2. It is in the Community's interest to approve this Agreement.

3. The method for allocating the fishing opportunities among Member States should be defined,

HAS ADOPTED THIS REGULATION:

Article 1

The Agreement between the European Community and the United Republic of Tanzania on fishing in Tanzania’s fishing zone (hereinafter referred to as “the Agreement”) is hereby approved on behalf of the European Community.

The text of the Agreement is attached to this Regulation.

Article2

The fishing opportunities fixed in the Protocol to the Agreement shall be allocated among the Member States as follows:

- Tuna seiners:

France 16 licences;

Spain 22 licences;

Italy 1 licence.

- Surface long-liners:

Spain 27 licences;

Portugal 4 licences.

If licence applications from these Member States do not cover all the fishing opportunities fixed by the Protocol, the Commission may take into consideration licence applications from any other Member State.

Article 3

The Member States whose vessels fish under this Agreement shall notify the Commission of the quantities of each stock caught within the Tanzania’s fishing zone in accordance with Commission Regulation (EC) No 500/2001[4].

Article 4

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

Article 5

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

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at...., ...

For the Council

The President

AGREEMENT BETWEEN THE EUROPEAN COMMUNITY AND THE UNITED REPUBLIC OF TANZANIA ON FISHING IN TANZANIA’S FISHING ZONE

THE EUROPEAN COMMUNITY,

Hereinafter referred to as the “Community” and

THE UNITED REPUBLIC OF TANZANIA,

Hereinafter referred to as “Tanzania”, hereinafter referred to as “the Parties”.

CONSIDERING the spirit of co-operation resulting from the ACP-EEC Convention and the good co-operation relations, which exist between the Community and Tanzania;

CONSIDERING the wish of Tanzania to promote the rational exploitation of its fishery resources by means of intensified co-operation;

RECALLING that the Community and Tanzania are signatories to The United Nations Convention on the Law of the Sea and that, in accordance with that Convention Tanzania has established an exclusive economic zone extending 200 nautical miles from its shores within which it exercises its sovereign rights for the purpose of identifying, exploiting, conserving and managing the resources of the said zone, in accordance with the principles of international law;

DESIROUS to develop and intensify mutually advantageous co-operation in the field of fisheries;

DETERMINED to conduct their relations in a spirit of mutual trust and respect for each other’s interest in the sphere of sea fishing;

DESIROUS of establishing the terms and conditions governing activities of common interest to both parties.

DESIROUS to apply the declaration of ILO on fundamental principles and rights at work, such as 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 to the local seamen embarked to EU vessels.

HAVE AGREED AS FOLLOWS:

Article 1

1. The purpose of this Agreement is to establish the principles and rules which shall in future govern, in all respects, the fishing activities of vessels flying the flags of Member States of the Community and registered in the Community, hereinafter referred to as “Community vessels”, in the waters over which Tanzania has sovereignty or jurisdiction in respect of fisheries, hereinafter referred to as “Tanzania’s fishing zone”, in accordance with the provisions of the United Nations Convention on the Law of the Sea and other rules of international law.

2. Only Community vessels having a valid licence, issued under this Agreement and according to the formalities set out in the Annex, shall be authorised to fish the species covered by this Agreement in Tanzania’s fishing zone.

3. Community vessels which conducted fishing in the Tanzanian fishing zone on those species before the conclusion of the Agreement between the European Community and the United Republic of Tanzania through private licences or any other arrangement between the ship-owner and the Tanzanian authorities, may continue their activities for the period of validity of their licence or other arrangement. However this period can in no case exceed a year form the date of entry into force of this Agreement.

4. For the purpose of this Agreement “Tanzanian authorities” shall mean the Ministry of Natural Resources and Tourism of the United Republic of Tanzania.

Article 2

1. Tanzania shall permit fishing by Community vessels in Tanzania’s fishing zone in accordance with this Agreement.

2. These fishing activities shall be subject to the laws of Tanzania.

Article 3

1. The Community shall undertake all necessary steps to ensure that Community vessels observe the provisions of this Agreement and the laws relating to fishing in Tanzania’s fishing zone consistent with the provisions of the United Nations Convention on the Law of the Sea and other rules of international law.

2. The Tanzanian authorities shall notify the Commission of the European Community of any change to the said laws.

Article 4

1. Fishing activities by Community vessels in Tanzania’s fishing zone under the present Agreement shall be subject to possession of a valid fishing licence.

2. Licences shall be issued by the Tanzanian authorities within the limits laid down in this Protocol and according to the laws of Tanzania.

3. The issue of a licence by the Tanzanian authorities at the Community’s request shall be subject to payment of a licence fee by the ship-owner concerned.

4. The formalities for applying for licences, their period of validity, the amount of the fee, the payment provisions and the permitted fishing areas shall be as specified in the Annex and according to the laws of Tanzania.

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

Article 5

The Parties undertake to co-ordinate action, either directly or within international organisations, to ensure the management and conservation of the living resources in the Indian Ocean, particularly in respect of highly migratory species, and to facilitate the relevant scientific research.

Article 6

1. Vessels authorised to fish in Tanzania’s fishing zone under this Agreement shall be monitored by satellite under conditions agreed by the Parties.

2. Vessels shall be obliged to communicate to the Tanzanian authorities statements of catch and other relevant information in accordance with the provisions of the Annex.

Article 7

In return for the fishing opportunities accorded under Article 2, the Community shall make payments to Tanzania in accordance with the provisions of the Protocol, without prejudice to the financing for which Tanzania is eligible under the ACP-EEC Convention.

Article 8

Where severe circumstances not attributable to natural phenomena prevent fishing activities in Tanzanian’s fishing zone, the Community may suspend the payment referred to in Article 7 following prior consultations, where possible, between the two Parties.

Payments shall recommence once the situation returns to normal and following consultations between the two Parties confirming that the situation is likely to allow a return to normal fishing activities.

Article 9

1. Without prejudice to the exercise by Tanzania of sovereignty or jurisdiction over Tanzania’s fishing zone, the Parties agree to establish a Joint Committee to oversee the implementation, interpretation and proper functioning of this Agreement.

2. The Joint Committee shall meet at least once a year alternatively in Tanzania and Brussels and/or at the request of either party. The parties shall consult at least 30 days in advance regarding the date and agenda for meetings of the Joint Committee.

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

Article 10

1. Should the Tanzanian authorities 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 the framework of the Joint Committee provided for in Article 9, in order to adapt the Annex and Protocol attached to this Agreement.

2. Such consultations shall be based on the principle that any substantial reduction of the fishing opportunities provided for in the Protocol shall lead to an equivalent reduction of the financial compensation to be paid by the Community.

3. Any conservation measures taken by the Tanzanian authorities 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.

Article 11

Nothing in this Agreement shall affect or prejudice in any manner the view of either Party with respect to any matter relating to The United Nations Convention on the Law of the Sea.

Article 12

This Agreement shall apply, on the one hand, to the territories in which the Treaty establishing the European Community is applied and under the conditions laid down in that Treaty and, on the other hand, to the territory of the United Republic of Tanzania.

Article 13

The Annex and the Protocol attached to this Agreement form an integral part of the Agreement and, unless otherwise specified, a reference to the Agreement shall also constitute a reference to them.

Article 14

1. The Agreement shall be concluded for an initial period of three years from the date of its entry into force. Unless one of the Parties terminates it by giving notice to that effect at least six months before the date of expiry of the three year period, it shall remain in force for further periods of three years unless denounced by notice given at least three months before the date of expiry of each such three year period.

2. In the event of a Contracting Party giving notice denouncing the Agreement, the Contracting Parties shall enter into negotiations. Before the end of the period of validity 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. They may also enter into negotiations at any other time by common agreement.

Article 15

This Agreement shall enter into force on the date on which the Parties notify each other of the completion of the procedures necessary for this purpose, and in any case not before the 1st January 2005.

Article 16

This Agreement shall be drawn up in duplicate in the Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Slovak, Slovene, Spanish and Swedish languages, each of these texts being equally authentic.

PROTOCOL

SETTING OUT THE FISHING OPPORTUNITIES FOR TUNA AND OTHER MIGRATORY SPECIES AND PAYMENTS PROVIDED FOR IN THE AGREEMENT BETWEEN THE EUROPEAN COMMUNITY AND THE UNITED REPUBLIC OF TANZANIA ON FISHING IN TANZANIA’S FISHING ZONE

Article 1

1. Pursuant to Article 2 of the Agreement, and for a period of three years from the date of its entry into force, the following fishing opportunities shall be accorded:

- for tuna seiners: 39 licences;

- for surface longliners fishing for tuna and other migratory species: 31 licences;

2. Both parties agree that on the basis of the best scientific data available and after a scientific assessment of the stocks in the Tanzania’s fishing zone, fishing opportunities for other than tuna and migratory species could be granted by Tanzania to the Community. For this purpose, consultations should be held in the framework of the Joint Committee referred to in Article 9 of the Agreement, in order to adapt this protocol and Annex accordingly.

Article 2

1. The payments provided for in Article 7 of the Agreement for the period set out in Article 1 (1) is fixed at EUR 600,000 per year (comprising EUR 210,000 as financial compensation and EUR 390,000 for the measures referred to in Article 3 of this Protocol).

2. These payments shall cover the catches of 8,000 tonnes for tuna and other migratory species fished per year in the Tanzania’s fishing zone. If the annual quantity caught by Community vessels in Tanzania’s fishing zone exceeds 8,000 tonnes, the payments fixed in paragraph 1 shall be increased proportionally at the rate of EUR 75 for each additional tonne caught. However, the total amount of the payments to be done by the Community for tuna and tuna-like species shall not exceed the amount to be paid for 24,000 tonnes caught.

If the quantity caught by Community vessels exceeds 24,000 tonnes, the Parties shall, as soon as possible, consult each other, within the Joint Committee provided for in Article 9 of the Agreement, in order to fix the date for the payment of the amount due for the exceeding quantity of catches.

3. The financial compensation shall be paid into an account opened at a financial institution or other body designated by Tanzanian authorities, in the name of the Public Treasury, not later than 1st January of each year (the first payment to be done not later than 31 May 2005) and its use shall be of the sole competence of Tanzania.

Article 3

1. With a view to ensuring the development of sustainable and responsible fishing the two parties shall, in their mutual interest, set up a partnership for the purpose in particular of promoting: better knowledge of fishery and biological resources; fisheries control; the development of non-industrial fishing; fishing communities, and training.

2. The measures set out below shall be financed to the amount of EUR 390,000 per year, broken down as follows:

a) EUR 200,000 for surveillance and control of fishing activities in Tanzania’s fishing zone;

b) EUR 75,000 for institutional support to the administrative department responsible for fisheries;

c) EUR 115,000 for the development of local small scale fisheries.

These measures shall be decided by mutual agreement between the Tanzanian authorities and the European Commission, after submission to the Commission of a detailed programming, including a schedule, and the expected objectives of specific actions to be undertaken for each measure.

3. All the amounts provided for in paragraph 2 shall be paid into account Nº 012105002942 at the anniversary date of entry into force of this Protocol (the first payment to be done not later than two months after the entry into force of this Protocol).

4. The Tanzanian authorities shall transmit an annual report on the implementation of the measures provided for in this Article and the results achieved to the Delegation of the European Commission in the United Republic of Tanzania, three months after the anniversary date of this Protocol.

The annual report shall be examined within the Joint Committee provided for in Article 9 of the Agreement. The Community reserves the right to request additional information on the results from the Tanzanian authorities and to review the payments concerned in the light of the actual implementation of the measures.

Article 4

If the Community fails to make the payments provided for in Articles 2 and 3, Tanzania may suspend the application of this Protocol.

Article 5

This Protocol shall enter into force on the date of entry into force of the Agreement.

ANNEX

CONDITIONS GOVERNING TUNA AND OTHER MIGRATORY SPECIES FISHING ACTIVITIES BY COMMUNITY VESSELS IN TANZANIA’S FISHING ZONE

4. Licence application and issuing formalities

5. The European Commission shall present to the Tanzanian authorities via the Delegation of the European Commission in Tanzania a licence application, made by the ship-owner, for each vessel that wishes to fish under the Agreement between the European Community and the United Republic of Tanzania. The application has to be made not later than 30 November of each year for vessels wishing to fish for the following calendar year.

By derogation to paragraph 1.1, ship-owners may request a fishing licence at any time, during the calendar year 30 days before the beginning of the fishing activities of the vessel concerned. In that case they shall pay the licence fees for the whole year as provided for in paragraph 2.2.

Each licence application shall be accompanied by documentary proof of payment of the appropriate advance payment. The application shall be made on the forms provided for that purpose by the Tanzanian authorities, a specimen of which is at appendix 1.

6. The licences shall be issued by the Tanzanian authorities and transmitted to the Delegation of the European Commission in Tanzania fifteen working days after submission of the applications.

7. The licence document must be kept on board at all times. However, on receipt of the notification of payment of the advance sent to the Tanzanian authorities by the European Commission, vessels shall be entered on a list of vessels authorised to fish, which shall be sent to the Tanzanian authorities responsible for fisheries inspection. A copy of the said licence may be obtained by fax pending arrival of the licence itself; that copy shall be kept on board.

8. Every licence shall be issued to the ship-owner for one designated vessel and shall not be transferable.

However, in the event of force majeure , a licence for a vessel may be replaced by a new licence for another vessel of similar specifications, for the remaining period of its validity, should the European Commission so request. In the latter case, no fee is due for the remaining period of its validity. The catches taken by the replaced vessel shall be considered as taken by the replacing vessel.

This new licence shall indicate:

- the date of issue,

- the fact that it cancels and replaces the licence of the previous vessel.

- The Tanzanian authorities shall communicate, before the date of entry into force of the Agreement, the arrangements for payment of the licence fees, and in particular the details of the bank account and the currency to be used.

- The licence fee includes all national and local taxes with the exception of charges for services.

- Owners of tuna boats must be represented by an agent in Tanzania, whose identity they must communicate to the Tanzanian authorities. His/her name and address shall be mentioned on the licence application provide for in appendix 1.

- Validity of licences and payment of the fees

- Licences shall be valid for a period of one calendar year, from 1 January to 31 December. They are renewable.

- The fees shall be set at EUR 25 per tonne caught within Tanzania’s fishing zone. Licences shall be issued following advance payment to Tanzania of a lump sum of EUR 2,300 a year for each tuna seiner, equivalent to the fees for 92 tonnes of tuna caught within Tanzania’s fishing zone per year and a lump sum of EUR 1,300 a year for each surface longliner equivalent to the fees for 52 tonnes of tuna and other migratory species caught within Tanzania’s fishing zone per year.

- The validity of the licences granted to Community vessels under Article 4 of the Agreement shall be extended by a period equal to that during which fishing activities were suspended, for reasons mentioned in Article 8 of the Agreement.

- Statement of catches and statement of fees

- Vessels authorised to fish in Tanzania’s fishing zone under this Agreement shall notify their catch statistics to the Tanzanian authorities, with a copy for the Delegation of the European Commission in Tanzania, in accordance with the following procedure:

Tuna seiners and surface longliners shall complete a form corresponding to the specimen given in Appendix 2 for each period spent fishing in Tanzania’s fishing zone. The forms shall be sent to the competent authorities referred to above not later than 31 March of the following year of the validity of the licence.

The forms must be completed legibly and be signed by the master of the vessel or by the representative of the ship-owner’s association. In addition, they must be completed by all vessels which have obtained a licence, even if they have not fished.

9. The final statement of the fees due for the fishing year in respect of each vessel shall be drawn up not later than 30 June of the following year of the validity of the licence by the European Commission. This final statement shall be drawn up on the basis of the catch statements made by the ship-owners (a specimen of which is at Appendix 2), confirmed by the scientific institutes responsible for verification of the catch figures in Member States, such as IRD (Office for Research and Development in France), IEO (Spanish Oceanographic Institute in Spain), INIAP (Instituto Nacional de Investigaçao Agricola y de Pesca in Portugal).

The final statement of fees shall be notified simultaneously to the Tanzanian fisheries authorities and the ship-owners. Any additional payment due shall be paid by the ship-owners within 30 days into an account specified by the Tanzanian authorities.

If the amount of the sum due for actual fishing operations is less than the advance payment referred to in point 2.2 above, the corresponding outstanding sum shall not be recoverable by the ship-owner.

10. Communications

Vessels shall notify the Tanzanian authorities of their intention to enter or leave Tanzania’s fishing zone at least three (3) hours in advance. When notifying their entering and departure, all vessels shall also notify the estimated catches on board.

This information should be communicated by fax and for vessels not equipped with a fax, by radio. While they are engaged in fishing activities in Tanzania’s fishing zone, vessels shall communicate their position and catches every 3 days.

The radio call sign, frequency and working hours of the radio station as well as the relevant fax number shall be communicated to the European Commission before the date of entry into force of this Agreement.

11. Observers

12. At the request of the Tanzanian authorities, vessels shall take on board an observer for the duration of a fishing campaign designated by these authorities. The observer shall have all the facilities necessary for the performance of these duties including access to places and documents as set out in point 5.2. Observers must not be present for longer than the time required to fulfil their duties. They shall be provided with appropriate food and accommodation while on board.

The salary and social contributions of the observer shall be borne by Tanzanian authorities. The ship-owner shall, via his agent, make a payment of EUR 12 to the Tanzanian government for each day spent by an observer on board a Community vessel in the Tanzania’s fishing zone.

The embarkation port and the conditions governing his embarkation shall be agreed between the ship-owner or his agent and the Tanzanian authorities. The cost of approaching for the observer the Tanzanian port of embarkation shall be borne by the Tanzanian authorities.

If a vessel with a Tanzanian observer on board leaves Tanzania’s fishing zone, every step shall be taken to ensure that the observer disembarks at the nearest port from which she/he shall be transported back to Tanzania as soon as possible, at the ship-owner’s expense.

If a Community vessel can not approach a Tanzanian port the embarkation of the observer shall be carried out using a vessel of the Tanzanian authorities. The spot where the observer is to be transferred and the associated approach costs shall be agreed with the Tanzanian authorities, the costs being borne by the ship-owner.

If the observer is not present at the time and place agreed and during the 4 hours following the time agreed, ship-owners shall be automatically absolved of their obligation to take the observer on board. If the vessel is delayed in getting under way, the ship-owner shall bear the observer’s board and lodging costs from the agreed time until the time of actual embarkation.

13. Once on board, the observer shall:

14. observe the fishing activities of the vessel,

15. verify the position of the vessel engaged in fishing operations,

16. note the fishing gear used,

17. verify the catch data for Tanzania’s zone recorded in the logbook,

18. access places and documents necessary for the performance of his duties,

19. draw up an activity report to be transmitted to the Tanzanian authorities

20. While on board, the observer:

21. must take all appropriate steps to ensure that the conditions under which he is taken on board and his presence on board do not interrupt or hamper fishing activities,

22. must respect the material and equipment on board and the confidentiality of all documents belonging to the vessel.

23. Inspection

Vessels shall also allow on board, and assist in the accomplishment of their duties, any other Tanzanian officials responsible for inspection and monitoring.

24. Signing-on of seamen

25. At least 30 Tanzanian seamen shall be employed by the Community fleet for the duration of the fishing campaign in the Tanzania’s fishing zone.

26. If local seamen are embarked unto Community vessels, an employment contract shall be established between the owner of the vessel or his agent(s) and the seaman and/or his labour union or his representative in liaison with the competent Tanzanian authorities. These contracts shall guarantee to the local seamen the benefit of their social security regime, including life, health and accident insurance. The local seamen remuneration conditions must not be inferior of those applicable to the local crews and in any case not inferior to the ILO standards.

A copy of the contract shall be given to the signatories thereof and to the Tanzanian authorities.

27. If the employment contract is established with a vessel owner's agent, it shall specify the name of the owner of the vessel and the flag state

28. The owner of the vessel shall guarantee to the local seamen embarked on board living and working conditions aboard similar to those enjoyed by the Community seamen on board the vessel.

29. Fishing zones

Community vessels fishing within the framework of this Agreement, shall have access to all of Tanzania’s fishing zone beyond 12 nautical miles from the coast.

30. By-catches

The Tanzanian authorities shall make available a vessel for collecting the catches of Community vessels operating in Tanzania’s fishing zone. This vessel shall collect the by-catches of Community vessels.

Where the Tanzanian authorities decide to collect catches after notification by Community vessels on the availability of such by-catches, they shall inform the captain of the maximum time limit within which the collection is to be carried out.

The captain of the Community vessel shall propose to the Tanzanian authorities a venue date and time slot for transferring the by-catches, which should be fit for human consumption. This date and time slot must allow the collection vessel to reach the place indicated in time and agreed between the two parties.

Collection costs shall be borne by Tanzania.

The fish transferred shall be used to supply the market with a view to enhance food security and alleviation of poverty.

By-catch dumping should be banned in all circumstances, except in case the Tanzanian authorities are unable to collect the available by-catch.

31. Property of rare species

All marine species, whose preservation is justified due to their rarity or for biological research needs, and which are caught by a Community vessel fishing in Tanzania’s fishing zone shall be the property of the Tanzanian authorities and shall be delivered, as soon as possible and in the best possible condition, to a Tanzanian port free of charge.

32. Infringements

33. Infringements of any of the provisions of this Annex shall be dealt with in accordance with the laws of Tanzania.

34. The Delegation of the European Commission in Tanzania shall be notified within 72 hours of any alleged infringement by a vessel holding a valid licence granted under this Agreement together with a brief report of the circumstances.

35. Procedure in case of boarding

36. Transmission of information

The Tanzanian authorities shall inform the Delegation of the European Commission in Tanzania and the flag State concerned, within 48 hours of the boarding of any fishing vessel flying the flag of a Member State of the Community in the Tanzanian fishing zone and shall transmit a brief report of the circumstances and reasons leading to such boarding. The Delegation and the flag State shall be kept informed of any proceedings initiated and penalties imposed.

37. Settlement of boarding

In accordance with the laws of Tanzania on fisheries and the relevant regulations, infringements may be settled:

- either by composition, in which case the amount of the fine shall be determined in accordance with Tanzanian legislation laying down minimum and maximum amounts;

- or by legal proceedings, if no composition is possible, in accordance with Tanzanian law.

- The vessel shall be released and its crew authorised to leave the port:

- either as soon as the obligations imposed by the composition procedure have been completed on presentation of the receipt for the settlement, or

- on presentation of proof that a bank security has been lodged, pending completion of the legal proceedings.

____________

APPENDIX 1

THE UNITED REPUBLIC OF TANZANIA

Application form for a licence

To fish in the exclusive economic zone

Of the united republic of Tanzania

i.e. beyond the 12 nautical miles territorial sea

APPLICANT

Name of applicant (shipowner)

Address (postal Telex, Fax)

Date and place of birth

Occupation

Name and address of local representative

VESSEL

Type of vessel

Registration No

New name former name

Date and place of construction

Original nationality

Flag State

Length .beam hold

Gross tonnage Net tonnage

Make engine Type

- Side view photograph

- Survey certificate

- Insurance

- Flag State

- Registration certificate

Propeller

fixed [ ] variable [ ] dected [ ]

Transit speed

Call sign Call frequency

List of sounding, navigating and transmission instruments:

Radar [ ] Sonar [ ] Net sonde [ ]

VHF [ ] SSB [ ] Net sonde satellite [ ]

Navigation [ ]

Others:

No. of seamen

List of names, citizenship, passport numbers, employment contracts (in case of Tanzanian crew) to be attached.

PRESERVATIONS

Packed in ice [ ] ice + refrigeration [ ] Freezing in brine [ ]

Dry [ ] Refrigerated sea water [ ]

Total refrigeration power

Freezing capacity in tones/24 hours

Holding capacity

Type of construction material

TYPE OF FISHING

A: DEEP SEA PELAGIC (tuna)

Pole and line [ ] No. Of poles & lines……………………………..

Seine [ ] Length of net…………depth of net………………

No. of tanks………………….capacity in tones………………………………….

B: LONG LINES AND POTS:

Surface [ ] Bottom [ ]

Length of lines No. of hooks

No. of lines No. of pots

C: SHORE INSTALLATION (AT HOME OR WORK PLACE OF APPLICANT)

Address and permit No:………………………………………………………….

……………………………………………………………………………..……

Name of firm……………………………………………………………………..

Activities……………………………………………………………………….…

…………………………………………………………………………………...

Domestic whosesale fish trade [ ] Export [ ]

Type and number of wholesale trade licence

……………………………………………………………………………………………

Description of processing and conservation of plant

……………………………………………………………………………………………

No. of employees

D ECLARATION

I affirm that the above particulars are correct and solely undertake:

a) To abide by the provisions of this Agreement and all laws of Tanzania.

b) To abide by all instructions of the Tanzania authorities regarding safety precautions to be taken on voyage or while engaged in fishing.

c) Not to carry an undesirable person on board.

d) Not to cause any undesirable activities on board the fishing vessel.

e) To take full responsibility of the crew on board.

Date:………………………….. ………………………………

Name and signature of applicant

N/B: Indicate affirmative answers by a tick in the appropriate box.

Appendix 2 |

ICCAT LOGBOOK FOR TUNA FISHERY |

Longline Live bait Purse seine Trawling Others |

Flag Country: ……………………………………………………………………........................... | Capacity - (MT): …………………………………………….. |

Registration No: ………………………………………………………………. | Captain: ……………………………………………………….. |

Owner: ………………………………………………………… | No of Crew: ….…………………………………………………........................ |

Address: …………………………………………………………………………. | Reporting Date: ………………………………………………. |

(Reported by): ………………………………………………................................. | No of days at sea: | No of fishing days: No of sets made: | Trip No: |

Date | Area | Surf. Water Temp. (ºC) | Effort No of hooks used | Catches | Isco usado na pesca (Bait used) |

1 - Use one sheet per month, and one line per day. | 2 - “Day” refers to the day you set the line. | 4 - The bottom line -landing weight- should be completed only at the end of each trip. Actual weight at the time of unloading should be recorded. |

3 - Fishing area refers to the position of the boat. Round off minutes and record degree of latitude and longitude. Be sure to record N/S and E/W.. | 5 - All information reported herein will be kept strictly confidential. |

LEGISLATIVE FINANCIAL STATEMENT

This document is intended to accompany and complement the Explanatory Memorandum. As such, when completing this Legislative Financial Statement, and without prejudice to its legibility, an attempt should be made to avoid repeating information contained in the Explanatory Memorandum. Before filling in this template, please refer to the specific Guidelines that have been drafted to provide guidance and clarification for the items below.

NAME OF THE PROPOSAL:

PROPOSAL FOR A COUNCIL REGULATION ON THE CONCLUSION OF THE AGREEMENT BETWEEN THE EUROPEAN COMMUNITY AND THE UNITED REPUBLIC OF TANZANIA ON FISHING IN TANZANIA’S FISHING ZONE

ABM / ABB FRAMEWORK

Policy Area(s) concerned and associated Activity/Activities:

11. Fisheries, 1103. International Fisheries Agreements

BUDGET LINES

Budget lines (operational lines and related technical and administrative assistance lines (ex- B..A lines)) including headings:

110301: “International Fisheries Agreements”;

11010404: “International Fisheries Agreements, administrative expenditure”.

Duration of the action and of the financial impact:

The Agreement, automatically renewable until denunciation from one of the two Parties, and the Protocol, have been concluded for an initial period of 3 years.

Budgetary characteristics ( add rows if necessary ):

Budget line | Type of expenditure | New | EFTA contribution | Contributions from applicant countries | Heading in financial perspective |

11.0301 | Comp | Diff[5] | NO | NO | NO | No 4 |

11.010404 | Comp | Non-diff[6] | NO | NO | NO | No 4 |

SUMMARY OF RESOURCES

Financial Resources

Summary of commitment appropriations (CA) and payment appropriations (PA)

EUR

Expenditure type | Section no. | Year n | n + 1 | n + 2 | Total |

Operational expenditure[7]

TOTAL REFERENCE AMOUNT

Administrative costs, other than human resources and associated costs, not included in reference amount (NDA) | 8.2.6 | e | 11,500 | 11,500 | 11,500 | 34,500 |

Total indicative financial cost of intervention

…………………… | f |

TOTAL CA including co-financing | a+c+d+e+f |

Compatibility with Financial Programming

( Proposal is compatible with existing financial programming.

( Proposal will entail reprogramming of the relevant heading in the financial perspective.

( Proposal may require application of the provisions of the Interinstitutional Agreement[10] (i.e. flexibility instrument or revision of the financial perspective).

Financial impact on Revenue

( Proposal has no financial implications on revenue

( Proposal has financial impact – the effect on revenue is as follows:

NB: All details and observations relating to the method of calculating the effect on revenue should be shown in a separate annex.

EUR million (to one decimal place)

Prior to action [Year n-1] | Situation following action |

Total number of human resources | 0,8 | 0,8 | 0,8 | - | - | - |

CHARACTERISTICS AND OBJECTIVES

Details of the context of the proposal are required in the Explanatory Memorandum. This section of the Legislative Financial Statement should include the following specific complementary information:

Need to be met in the short or long term

The purpose of this new bilateral fishery Agreement is to allow Community vessels to obtain fishing rights for purse seine vessels and surface long-liners in the Tanzania’s fishing zone, exclusively for tuna and tuna-like species.

The financial contribution paid by the Community in exchange for fishing rights, in conjunction with the licence fees paid by ship-owners, constitutes an important source of revenues for the Tanzanian Government.

In addition, the Agreement will generate an economic impact on Tanzania’s fishery sector, through the implementation of the partnership approach, and, more generally, on the economic development of the country at large.

Value-added of Community involvement and coherence of the proposal with other financial instruments and possible synergy

The Community considers that this Agreement shall contribute:

- to promote sustainable fisheries activities and provide a binding framework for all concerned parties, i.e. the Community, its Member states, the European operators and the third country to attain this objective and,

- to protect and develop European fishing activities within these waters and to enhance their political and socio-economic impact both in Europe and in Tanzania.

Objectives, expected results and related indicators of the proposal in the context of the ABM framework

The objective of the EC/Tanzania Fisheries Agreement is to allow for 39 tuna seiners and 31 surface longliners to fish simultaneously for tuna and other migratory species in the Tanzania’s fising zone, while respecting the technical provisions set in the Agreement.

Expected catches for the entire fleet are estimated at 8,000 tons of tuna per year. The relative financial contribution is fixed at 600,000 euros per year. However, in case of annual catches exceeding 8,000 tons, the Community will pay 75 euros per ton for each additional ton. In any case, the overall Community payment cannot exceed 1,800,000 euros per year.

65 % of the financial contribution (390,000 euros per year) will be allocated to enhancing responsible fishing in Tanzania’s fishing zone (art. 3 of the Protocol).

The following indicators will be used in the context of the ABM framework to monitor the implementation of the Agreement:

- rate of utilisation of the fishing possibilities;

- contribution to employment and value added in the EC;

- contribution to Community market stabilization;

- contribution towards overall poverty reduction in Tanzania, including contribution to employment and infrastructure development in Tanzania and support to the State budget;

- results expected through the use of the amount of the financial contribution allocated to enhancing responsible fishing in Tanzania’s fishing zone (Article 3 of the Protocol);

- information on by-catches and environmental impact as reported by observers;

- number of Joint Committee meetings and of technical meetings;

Method of Implementation (indicative)

Show below the method(s)[12] chosen for the implementation of the action.

( Centralised Management

( Directly by the Commission

ٱ Indirectly by delegation to:

ٱ Executive Agencies

ٱ Bodies set up by the Communities as referred to in art. 185 of the Financial Regulation

ٱ National public-sector bodies/bodies with public-service mission

ٱ Shared or decentralised management

ٱ With Member states

ٱ With Third countries

ٱ Joint management with international organisations (please specify)

MONITORING AND EVALUATION

Monitoring system

As a general rule, from the entry into force of the Agreement, the competent Commission services will collect the appropriate information allowing the verification and follow up of the indicators listed at the above point 5.3. The use of licences is closely followed and data on actual catches are collected in accordance with the rules set out in the Agreement.

As far as the measures aiming at the development of sustainable fishing are concerned, the Protocol foresees the submission of a detailed annual programming by the partner country, including schedule and the expected objectives of specific actions to be undertaken, before payments are made.

Evaluation

Ex-ante evaluation

An ex-ante evaluation has been carried-out between September and October 2004 with the assistance of an independent consortium of consultants. The main results can be resumed as follows.

Consistency

The Agreement is consistent with the broader objectives of EU and Tanzania, i.e. to strengthen the regional and international collaboration in the sustainable exploitation, management and conservation of resources, in particular to develop a national capability to exploit the territorial waters and EEZ, to strengthen environmental conservation practises by improved surveillance against prohibitive fishing practises, to actively participate in regional and international fora and to enhance sustainable management of resources in the EEZ as provided under UN conventions.

In particular, concerning the consistency with the EU objectives : the three objectives of the Cotonou Agreement are: poverty reduction and ultimately its eradication; sustainable development; and, smooth and progressive integration of ACP countries into the world economy.

As far as the Tanzania’s objectives are concerned, the Fisheries Agreement is consistent with the policy of the Government of Tanzania. It provides a financial return to an unexploited fishery in the Tanzanian EEZ which at the present time cannot be harvested by national interests. The targeted actions reflect government priorities for fisheries management and development.

The Agreement is consistent with the FAO Code of Conduct , in that it provides a formal basis for licensing of EU fishing effort within Tanzanian EEZ, and can support the development and maintenance of sustainable fisheries.

Effectiveness

Contribution of the Agreement to the activities of Community fishers:

The agreement with Tanzania is especially important to community fishers wishing to follow the migration of stocks from area to area, allowing for more efficient usage of their catch capacity.

There will be a variable impact on fleet segments. The Agreement will be more beneficial for the EC purse seine sector which currently fishes tuna in the Tanzanian EEZ under private licensing arrangements. In 2004, there are 36 EC purse seiners licensed to fish in the Tanzanian EEZ.

Contribution of the FA to employment for the Community fishery sector:

In total, between 85 and 719 workplaces for EC national could be protected by the Agreement.

Stabilisation of the Community market

In the period 1999 to 2003 the average combined catch of tuna by French and Spanish flagged purse seiners in the Western Indian Ocean was 233,000 tonnes; however the trend as upward and with the respective quantity in 2003 amounting to 283,000 tonnes.

Impact of the Agreement towards the development of the Tanzania’s fishery sector:

There are a number of potential benefits from conclusion of the Agreement on development of the Tanzania’s fishery sector.

A current issue in the Tanzanian EEZ fishery is the dual administration by mainland and Zanzibari fishery authorities. The conclusion of a fisheries agreement between the EC and both authorities should allow for cooperative work in developing all fishery opportunities in the EEZ.

To date, the artisanal fishing boats have not the capacity to harvest tuna stocks on the high seas. The identification of tuna stocks and their migration patters, together with the potential development of an on shore sector, will provide a potential for the domestic artisanal sector to up grade its equipment to be capable of fishing tuna.

Efficiency

Cost of the Agreement:

Currently, private licence holders pay € 12,600 per vessel for tuna licences to the Tanzanian authorities. These payments are regarded as unrealistically low given the potential catch in Tanzanian waters. The total payment to Tanzania under the Agreement reflects a more equitable payment.

The benefits for the EU remain high. For every € 1 spent, the FA will generate € 3.6 in Community benefits. These benefits include value added to the EC sector (profits and wages) and some added upstream (suppliers) and downstream benefits (processing).

Failure to reach the reference tonnage catch (8,000 tonnes) will make the Agreement costly since the EC will have to pay a higher price per tonne to account for under utilised opportunities. However, the evaluation suggests that not only will the reference tonnages be reached but it will exceed the reference catch.

Advantages of an Agreement to the Community fleet:

In the last two to three years, there has been a significant shift in fish migration into the EEZs. Tanzania has witnessed by far the largest degree of increased activity. Prior to 2003, no EC vessel sought fishing rights in the Tanzanian waters.

Utilisation of the financial contribution in favour of the development of the Tanzanian fishery sector:

The Tanzanian fishermen do not target tuna and High migratory species to any degree. The extent of interactions between coastal stocks and tuna is unknown. The compensation provides the basis for positive benefits to the sector if Tanzania allocates 50 per cent of the revenue to institutional strengthening, capacity strengthening, policy design and implementation.

Sustainability

Viability of Community fishermen:

This Agreement alone will not assure the viability of the community fishermen in the medium to long term. Since this will be dependent on the success of maintaining fishery agreements with other countries sustainable exploitation of tuna stocks throughout the area of their geographical distribution, including EEZ of coastal states, is crucial to the viability of the EC fleet operating in the Indian Ocean.

Viability of the fishery sector in Tanzania:

Additional economic benefits in terms of development are to be generated as a result of the Accord.

Risks to stock sustainability:

The Community is a significant participant in fishing activities in the Indian Ocean (46 per cent). Under IOTC recommendation it is required to maintain effort on current levels of activity. The Community effort will not increase in the Indian Ocean by the conclusion of this Agreement.

Measures taken following an intermediate/ex-post evaluation (lessons learned from similar experiences in the past)

The proposed Agreement is the first one with Tanzania and, consequently, experience from interim or ex post evaluation of this specific Agreement is not yet available.

The EC fishing effort in the Tanzania is compatible with all the regional provisions applicable for the conservation and management of tuna resources (IOTC). As far as the state of targeted stocks are concerned, it appears that both yellowfin and bigeye are being fished at or around their maximum sustainable yields and IOTC has suggested that effort within the Indian Ocean as a whole be kept to the levels of year 2000. Stocks of the other key stock, skipjack, are considered in good shape and there are no specific management recommendations in place.

Terms and frequency of future evaluation

Before the Protocol is renewed the entire period which it covers will be evaluated, measuring indicators relating to results (catches, values of catches) and impact (number of jobs created and maintained, relation between the cost of the Protocol and the value of catches).

The indicators listed under the above point 5.3 will be used to perform the ex post evaluation, including an impact on the marine environment.

ANTI-FRAUD MEASURES

Fishery Agreements are in principle commercial agreements where a financial contribution is paid in exchange for fishing rights in the waters of third country. This contribution is complemented by the licence fees paid by the EC ship-owners authorised to fish in the framework of the Agreement.

The way in which this contribution is used depends exclusively on the responsibility of the third country, as a sovereign state. A part of the financial contribution is used to finance activities supporting the fishery policy of the concerned country.

Each payment by the Commission in the context of the fishery Agreement is subject to the normal Commission’s budgetary rules and procedures. This includes, in particular, identification of the bank accounts of the authorities where the financial contribution is paid.

DETAILS OF RESOURCES

Objectives of the proposal in terms of their financial cost

Commitment appropriations in EUR

(Headings of Objectives, actions and outputs should be provided) | Type of output | Av. cost | Year n | Year n+1 | Year n+2 | TOTAL |

Description of tasks deriving from the action

( Assist the negotiator in preparing and conducting the negotiations of the fisheries agreements:

- Participate in negotiations with third countries to conclude fisheries agreements.

- Prepare Draft Assessment Reports and Strategy notes for the Commissioner.

- Present and defend the positions of the Commission in the external working group of the Council.

- Participate in finding compromises with the Member States and reflect these in the final text of the Agreements.

( Monitoring of the agreements:

- Day to day follow-up of the fisheries agreements.

- Prepare and check the commitments and the payment orders of the financial compensations and of the targeted actions

- Regular reporting of the implementation of the agreements.

- Evaluation of the agreements - scientific and technical aspects

( Policy design:

- Prepare draft Regulations and Decisions of the Council. Elaborate text of the agreements.

- Launch and follow up the approval procedures.

( Technical assistance:

- Prepare the Commission position in view of Joint Committees.

( Institutional Relations:

- Represent the Commission before the Council, European Parliament and Member States in the context of the negotiation process.

- Drafting of replies to written and oral Parliamentary questions …

( Inter-service co-ordination and consultation:

- Liaise with other Directorates General in matters concerning the negotiations and the follow-up of the agreements.

- Carry out and respond to inter-service consultations.

( Evaluation:

- Participate in the various evaluation exercises (ex-ante, mid-term, ex-post) and impact assessments.

- Analyse the attainment of objectives and quantified indicators.

Sources of human resources (statutory)

(When more than one source is stated, please indicate the number of posts originating from each of the sources)

( Posts currently allocated to the management of the programme to be replaced or extended

( Posts pre-allocated within the APS/PDB exercise for year 2005

( Posts to be requested in the next APS/PDB procedure

( Posts to be redeployed using existing resources within the managing service (internal redeployment)

( Posts required for year n although not foreseen in the APS/PDB exercise of the year in question

Other Administrative expenditure included in reference amount (11 01 04 – Expenditure on administrative management)

EUR

Budget line (number and heading) | Year n | Year n+1 | Year n+2 | Year n+3 | Year n+4 | Year n+5 and later | TOTAL |

Other technical and administrative assistance |

- intra muros |

- extra muros(x) | 33,000 | 33,000 | 73,000 | 139,000 |

Total Technical and administrative assistance | 33,000 | 33,000 | 73,000 | 139,000 |

(x) Most of these expenses (33,000 €/year) concern an expert (ALAT) based in Mauritius Delegation and financed under the 11 01 04 budget line.

Financial cost of human resources and associated costs not included in the reference amount

EUR

Type of human resources | Year n | Year n+1 | Year n+2 | Year n+3 | Year n+4 | Year n+5 and later |

Officials and temporary staff (XX 01 01) | 64,800 | 64,800 | 64,800 |

Staff financed by Art XX 01 02 (auxiliary, END, contract staff, etc.) (specify budget line) |

Total cost of Human Resources and associated costs (NOT in reference amount) | 64,800 | 64,800 | 64,800 |

Calculation– Officials and Temporary agents

Reference should be made to Point 8.2.1, if applicable

- 1A = 108,000 x 0.30 = 32,400

1B = 108,000 x 0.15 = 16,200

1C = 108,000 x 0.15 = 16,200

Sub-total : 64,800 €

- 1 ALAT = 165,000 x 0.20 = 33,000

Sub-total : 33,000 €

Total : 97,800 € per year

Calculation– Staff financed under art. XX 01 02

Reference should be made to Point 8.2.1, if applicable

Other administrative expenditure not included in reference amount EUR |

XX 01 02 11 02 – Meetings & Conferences | 1,500 | 1,500 | 1,500 | - | - | - | 4,500 |

XX 01 02 11 03 – Committees[18] |

XX 01 02 11 04 – Studies & consultations |

XX 01 02 11 05 - Information systems |

2 Total Other Management Expenditure (XX 01 02 11) |

3 Other expenditure of an administrative nature (specify including reference to budget line) |

Total Administrative expenditure, other than human resources and associated costs (NOT included in reference amount) | 11,500 | 11,500 | 11,500 | - | - | - | 34,500 |

Calculation - Other administrative expenditure not included in reference amount

[1] Document n° 15243/02 PECHE 224, referred to document COM(2002) 637 final.

[2] OJ C […] […] p. […]

[3] Opinion delivered on (not yet published in the Official Journal).

[4] OJ L 73, 15.3.2001, p. 8.

[5] Differentiated appropriations

[6] Non-differentiated appropriations hereafter referred to as NDA

[7] Expenditure that does not fall under Chapter 11 01 of the Title 11 concerned.

[8] Expenditure within article 11 01 04 of Title 11.

[9] Expenditure within chapter 11 01 other than articles 11 01 04.

[10] See points 19 and 24 of the Interinstitutional agreement.

[11] Additional columns should be added if necessary i.e. if the duration of the action exceeds 6 years

[12] If more than one method is indicated please provide additional details in the "Relevant comments" section of this point

[13] As described under Section 5.3

[14] Cost of which is NOT covered by the reference amount

[15] Cost of which is NOT covered by the reference amount

[16] Cost of which is included within the reference amount

[17] Reference should be made to the specific legislative financial statement for the Executive Agency(ies) concerned.

[18] Specify the type of committee and the group to which it belongs.