22003A1231(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 Lomé 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.