Council Regulation (EEC) No 2143/87 of 13 July 1987 concerning the conclusion of the Agreement between the European Economic Community and the Government of the People's Republic of Mozambique on fisheries relations

ANNEX

CONDITIONS FOR THE PURSUIT OF FISHING ACTIVITIES IN MOZAMBIQUE'S WATERS BY COMMUNITY VESSELS A.   LICENCE APPLICATION AND ISSUING FORMALITIES The procedure for applications for, and issue of, the licences enabling Community vessels to fish in Mozambique's waters shall be as follows: The relevant Community authorities shall present to the Secretary of State for Fisheries of the People's Republic of Mozambique, via the Delegation of the Commission in Mozambique, an application for each vessel that wishes to fish under the Agreement: — for shrimp vessels before 1 August of each year, — for tuna vessels at least 30 days before the date of commencement of the period of validity requested. The applications shall be made on the forms provided for that purpose by Mozambique, a specimen of which is annexed hereto. The licences will be delivered to vessel owners or to their representatives. Licences must be held on board at all times. I.   Provisions applicable to shrimp vessels (a) The licence fees are set as follows: 151 ECU/grt per year for vessels fishing exclusively for deep-water shrimps, 266 ECU/grt per year for vessels fishing for shallow-water and deep-water shrimps, and have to be paid in four equal instalments on the first day of each quarter for the current year. At the request of either Party, the licence fees may be reviewed by the Joint Committee referred to in Article 10 of the Agreement, namely in the event of a change in grt. Licences are valid for a period of one year or until the quantitative limits fixed under Article 1 of the Protocol are exhausted. Vessels shall be required to put in at the port of Maputo for the issuing of the licence. This port shall be the base port for fishing activities where each fishing campaign shall start and finish. All crustaceans caught beyond the quantitative limits stated in Article 1 of the Protocol shall be the property of the Office of the Secretary of State for Fisheries and shall be delivered free of charge in the base port. (b) All shrimp vessels authorized to fish under the Agreement in Mozambique's waters shall be obliged to forward to the Secretary of State for Fisheries at the end of each fishing campaign a daily catch report drawn up by the captain in accordance with the specimen annexed hereto. Furthermore, each vessel has to present a monthly report to the Secretary of State for Fisheries containing the quantity caught during the month and the quantities on board on the last day of the month. This report shall be presented no later than the last day of the month following the month concerned. Should this provision not be adhered to, Mozambique reserves the right to suspend the licence of the offending vessel until the formality has been complied with. (c) Each shrimp vessel fishing in Mozambican waters under the Agreement shall inform the radio station ‘Radio Naval’, on a daily basis, of its geographical position. Shipowners shall be notified of the call sign at the time of delivery of the fishing licence. Shrimp vessels may not leave the Mozambican waters without the previous authorization of the Secretary of State for Fisheries and after control of the fish on board. II.   Provisions applicable to tuna vessels (a) The fees shall be set at 20 ECU per tonne caught within Mozambique's waters. (b) Applications for licences for tuna vessels shall be issued following advance payment to Mozambique of a lump sum of 1 000 ECU a year for each tuna seiner, equivalent to the fees for 50 tonnes of tuna caught within Mozambique's waters per year. A provisional statement of the fees due for the fishing year shall be drawn up by the Commission of the European Communities at the end of each calendar year on the basis of the catch statements made by the shipowners and forwarded simultaneously to the Mozambican authorities and the Commission of the European Communities. The corresponding amount shall be paid by the shipowners to the Mozambican treasury no later than 31 March of the following year. The final statement of the fees due in respect of a fishing year shall be drawn up jointly by the Commission of the European Communities and the Secretary of State for Fishreies of the People's Republic of Mozambique, taking into account available scientific opinion, particularly of ORSTOM, the Spanish Institute of Oceanography (IEO) and the Institute of Fisheries Research (IIP), and any statistical data which can be gathered by an international fishing organization in the Indian Ocean. The shipowners shall be notified by the Commission of the European Communities of the statement and shall have 30 days in which to meet their financial obligations. If the amount of the sum due for actual fishing operations does not equal the advance payment, the corresponding outstanding sum shall not be recoverable by the shipowner. (c) Every three days during the fishing period in Mozambique's waters, the vessels shall communicate to the radio station at ‘Radio Naval’ their position and their catch. On entering and leaving Mozambique's waters, the vessels shall communicate to the radio station at ‘Radio Naval’ their position and the volume of the catches on board. In addition, the captain shall complete a fishing log book, as annexed, for each fishing period in Mozambique's waters. This form must be legible and be signed by the captain of the vessel and sent to the Secretary of State for Fisheries of the People's Republic of Mozambique via the Delegation of the Commission of the European Communities in Maputo as soon as possible after the fishing period within Mozambique's waters. B.   SIGNING ON OF SEAMEN Shipowners who have been issued fishing licences may employ Mozambican nationals as fishermen. The salary and social contribution shall be paid through a local agent designated by the Secretary of State for Fisheries of the People's Republic of Mozambique. C.   FISHING ZONES (a) The fishing zones accessible to shrimp vessels shall comprise all waters under the sovereignty or the jurisdiction of the People's Republic of Mozambique south of 10o 30' S and north of 26o 30' S and beyond the first 12 nautical miles measured from the base lines. (b) The fishing zones accessible to tuna vessels shall comprise all waters under the sovereignty or the jurisdiction of the People's Republic of Mozambique south of 10o 30' S and north of 26o 30' S and outside 200 m isobathe. D.   INSPECTION AND MONITORING OF FISHING ACTIVITIES Any Community vessel fishing in Mozambique's waters shall allow on board, and assist in the accomplishment of his duties, any official of Mozambique responsible for inspection and monitoring. E.   CHANGE OF GEAR Changes in fishing gear shall be submitted to the Office of the Secretary of State for Fisheries for authorization. F.   IDENTIFICATION OF SHRIMP VESSELS All shrimp vessels authorized under the Agreement to fish in Mozambique's waters shall be identifiable by means of a registration number and identification number given by the Secretary of State for Fisheries. G.   BY-CATCHES By-catches in the shrimp fisheries shall be landed at the port of Maputo destined for supply to the internal market, at a price fixed by the Secretary of State for Fisheries. H.   CHEMICAL ADDITIVES Shrimp vessels' shipowners are authorized to utilize only, for transformation purposes, those chemical additives authorized by Community legislation. I.   PROPERTY OF RARE SPECIES All marine species for which preservation is justified due to rarity of the species or biological research and which are caught by a Community vessel authorized under the Agreement to fish in Mozambique's waters shall be the property of the Office of the Secretary of State for Fisheries and therefore shall be delivered as soon as possible, and in the best possible condition, to the Office of the Secretary of State for Fisheries at the port of Maputo free of charge. J.   TRANSHIPMENTS OF SHRIMPS Transhipments, other than those between Community shrimp vessels, outside the base port are prohibited. As far as transhipments which take place in the base port are concerned, they shall be authorized only under control by the Secretary of State for Fisheries. K.   TAKING ON BOARD OF OBSERVERS (a) Each shrimp vessel shall take on board an observer designated by the Secretary of State for Fisheries of the People's Republic of Mozambique. The observer shall be accorded the conditions enjoyed by officers of that vessel. The salary and the social contributions of the observer shall be borne by the Mozambican authorities. Observers shall enjoy all facilities necessary for the performance of their duties including permanent access to fishing and navigation log books as well as navigation and communications equipment. (b) All Community vessels may be requested by the Mozambican authorities to take on board a biologist. L.   PROHIBITION OF FIREARMS Firearms, including those intended for self-defense purposes, shall be forbidden on all vessels authorized to fish in Mozambique's zone. M.   PENALTIES Infringements shall be penalized as follows: — payment of a fine of up to 100 000 ECU depending on the seriousness of the infringements for non-compliance with the provisions laid down in the Annex, — non-renewal of fishing licence for failure to supply statements of catch. Penalties not paid may lead to temporary seizure of the vessel concerned or any other vessel belonging to the same shipowner as a warranty for payment and to confiscation of the vessel without prejudice to the right of the shipowner to appeal to the relevant court. APPLICATION FOR A LICENCE TO FISH FOR SHRIMP IN THE WATERS OF MOZAMBIQUE APPLICATION FOR A LICENCE TO FISH FOR TUNA IN THE WATERS OF MOZAMBIQUE PROTOCOL establishing the fishing rights and contributions provided for in the Agreement between the European Economic Community and the Government of the People's Republic of Mozambique on fisheries relations