Common use of Vessel Management and Post Harvest Arrangements Clause in Contracts

Vessel Management and Post Harvest Arrangements. 9. Vessel Management and post harvest arrangements emerging from IOTC and any other relevant regional fisheries organisations will be observed. EAC Partner States and the EC Party shall set out minimum terms and conditions with respect to monitoring, control and surveillance of EU fishing vessels operating in the waters of EAC Partner States, which should include the following: i) A Vessel Monitoring System (VMS) will be set up for all EAC coastal Partner States, and all EAC Partner States will use a compatible VMS. Those EAC Partner States which do not have a VMS will be assisted by the EC Party to set up a compatible VMS. ii) In addition to a compulsory compatible VMS system, all EAC coastal Partner States, in conjunction with the EC Party, will develop other mechanisms to ensure effective Monitoring, Control and Surveillance (MCS) and the EC Party will support EAC Partner States to put such an agreed system in place and assist in implementation. iii) The EC Party and EAC Partner States shall have the right of placing observers, whether in national or international waters, with the procedures concerning the deployment of observers being well stipulated. Observers are to be paid by the national governments but all costs on board are to be met by the ship-owner. The EC Party will support the costs of training observers. iv) Common systems of reporting of fishing will be developed and used throughout the region, with minimum terms set for reporting. v) All vessels that land or tranship their catch within an EAC Partner State shall do so in ports or outer-port areas. No transhipment shall be allowed at sea, except on particular condition foreseen by the relevant Regional Fisheries Monitoring Organisation (RFMO) under special conditions. Both parties shall cooperate to develop and modernise landing or transhipment infrastructure in ports of EAC Partner States, including development capacity of fish products vi) All vessels shall endeavour to use the facilities of the EAC Partner States and to make use of local supplies. vii) Discards reporting shall be compulsory. Priority should be given to avoid discards through the use of selective fishing methods in line with principles of the IOTC and relevant regional fisheries organisations. As far as possible, by- catch shall be brought ashore. 10. The parties agree to cooperate in developing and implementing national/regional training programmes for EAC nationals in order to facilitate their effective participation in the fishing industry. Where the EC Party has negotiated bilateral fisheries agreement, employment of EAC nationals shall be encouraged. The ILO (International Labour Organisation) declaration on fundamental principles and rights at work shall apply as of right to seamen signed on Community vessels. 11. Both parties shall undertake coordinated efforts to improve the means for preventing, deterring, and eliminating IUU (Illegal Unregulated and Unreported) fishing and to this end take appropriate measures. Fishing vessels involved in IUU fishing should be confiscated and the owners prosecuted by the competent authorities and should not be allowed to fish again in EAC Partner States’ waters, unless prior authorisation has been obtained from both the flag State and the concerned EAC Partner States as well as, where relevant, the concerned RFMO.

Vessel Management and Post Harvest Arrangements. 91. Vessel Management and post post-harvest arrangements emerging from IOTC and any other relevant regional fisheries organisations will be observed. The EAC Partner States State(s) and the EC Party EU shall set out minimum terms and conditions with respect to the monitoring, control and surveillance of EU fishing vessels operating in the waters of the EAC Partner StatesState(s), which should include the following: i(a) A Vessel Monitoring System a vessel monitoring system (VMS) will be set up for all EAC coastal Partner States, and all the EAC Partner States will use a compatible VMS. Those State(s) and if the EAC Partner States which State(s) do not have a VMS they will be assisted by the EC Party EU to set up a compatible VMS.; ii(b) In in addition to a compulsory compatible VMS system, all the EAC coastal Partner StatesState(s), in conjunction together with the EC PartyEU, will develop other mechanisms to ensure effective Monitoringmonitoring, Control control and Surveillance (MCS) surveillance, and the EC Party EU will support the EAC Partner States State(s) to put such an agreed system in place and assist in its implementation.; iii(c) The EC Party the EU and the EAC Partner States State(s) shall have the right of placing observers, whether in national or international waters, with the procedures concerning the deployment of observers being well stipulated. Observers ; observers are to be paid by the national governments governments, but all costs on board are to be met by the ship-owner. The EC Party will ; the EU shall support the costs of training observers.; iv(d) Common common systems of reporting of fishing will be developed and used throughout the region, with minimum terms set for reporting.; v(e) All all vessels that land or tranship their catch within an EAC Partner State shall do so in ports or outer-port areas. No transhipment shall be allowed at sea, except on particular condition conditions foreseen by the relevant Regional Fisheries Monitoring Management Organisation (RFMO) under special conditions. Both parties ); the Parties shall cooperate to develop and modernise landing or transhipment infrastructure in ports of the EAC Partner StatesState(s), including development capacity of fish products; vi(f) All vessels shall endeavour to use the facilities of the EAC Partner States and to make use of local supplies. vii) Discards discards reporting shall be compulsory. Priority ; priority should be given to avoid avoiding discards through the use of selective fishing methods in line with principles of the IOTC and relevant regional fisheries organisations. As ; as far as possible, by- by-catch shall be brought ashore. 102. The parties Parties agree to cooperate in developing and implementing national/regional training programmes for EAC Partner State(s) nationals in order to facilitate their effective participation in the fishing industry. Where the EC Party EU has negotiated a bilateral fisheries agreement, the employment of EAC Partner State(s) nationals shall be encouraged. The ILO (International Labour OrganisationOrganisation (ILO) declaration Declaration on fundamental principles Fundamental Principles and rights Rights at work Work shall apply as of right to seamen signed on Community EU vessels. 113. Both parties The Parties shall undertake coordinated efforts to improve the means for preventing, deterring, and eliminating IUU (Illegal Unregulated and Unreported) fishing fishing, and to this end take appropriate measures. Fishing vessels involved in IUU fishing should be confiscated and the owners prosecuted by the competent authorities and authorities. They should not be allowed to fish again in waters of the EAC Partner States’ waters, State(s) concerned unless prior authorisation has been obtained from both the flag State and the concerned that EAC Partner States State(s) as well as, where relevant, the concerned RFMORFMO concerned.

Vessel Management and Post Harvest Arrangements. 91. Vessel Management and post harvest post‑harvest arrangements emerging from IOTC and any other relevant regional fisheries organisations will be observed. EAC Partner States and the EC Party EU shall set out minimum terms and conditions with respect to monitoring, control and surveillance of EU fishing vessels operating in the waters of EAC Partner States, which should include the following: i(a) A Vessel Monitoring System (VMS) will be set up for all the EAC coastal Partner States, and all EAC Partner States will use a compatible VMS. Those EAC Partner States which do not have a VMS will be assisted by the EC Party EU to set up a compatible VMS. ii(b) In addition to a compulsory compatible VMS system, all EAC coastal Partner States, in conjunction with the EC PartyEU, will develop other mechanisms to ensure effective Monitoring, Control and Surveillance (MCS) and the EC Party EU will support EAC Partner States to put such an agreed system in place and assist in implementation. iii(c) The EC Party EU and EAC Partner States shall have the right of placing observers, whether in national or international waters, with the procedures concerning the deployment of observers being well stipulated. Observers are to be paid by the national governments but all costs on board are to be met by the ship-owner. The EC Party will EU shall support the costs of training observers. iv(d) Common systems of reporting of fishing will be developed and used throughout the region, with minimum terms set for reporting. v(e) All vessels that land or tranship their catch within an EAC Partner State shall do so in ports or outer-port areas. No transhipment shall be allowed at sea, except on particular condition conditions foreseen by the relevant Regional Fisheries Monitoring Management Organisation (RFMO) under special conditions). Both parties The Parties shall cooperate to develop and modernise landing or transhipment infrastructure in ports of EAC Partner States, including development capacity of fish products vi) All vessels shall endeavour to use the facilities of the EAC Partner States and to make use of local supplies. vii(f) Discards reporting shall be compulsory. Priority should be given to avoid avoiding discards through the use of selective fishing methods in line with principles of the IOTC and relevant regional fisheries organisations. As far as possible, by- by-catch shall be brought ashore. 102. The parties Parties agree to cooperate in developing and implementing national/regional training programmes for EAC nationals in order to facilitate their effective participation in the fishing industry. Where the EC Party EU has negotiated a bilateral fisheries agreement, employment of EAC nationals shall be encouraged. The ILO (International Labour OrganisationOrganisation (ILO) declaration Declaration on fundamental principles and rights at work shall apply as of right to seamen signed on Community European vessels. 113. Both parties The Parties shall undertake coordinated efforts to improve the means for preventing, deterring, and eliminating IUU (Illegal Unregulated and Unreported) fishing fishing, and to this end take appropriate measures. Fishing vessels involved in IUU fishing should be confiscated and the owners prosecuted by the competent authorities and authorities. They should not be allowed to fish again in waters of EAC Partner States’ waters, States concerned unless prior authorisation has been obtained from both the flag State and the concerned EAC Partner States as well as, where relevant, the concerned RFMORFMO concerned.

Vessel Management and Post Harvest Arrangements. 91. Vessel Management management and post post-harvest arrangements emerging from the IOTC and any other relevant regional fisheries organisations will be observed. The EAC Partner States State(s) and the EC Party UK shall set out minimum terms and conditions with respect to monitoring, control and surveillance of EU UK fishing vessels operating in the waters of the EAC Partner StatesState(s), which should include the following: i(a) A Vessel Monitoring System (VMS) will be set up for all the EAC coastal Partner StatesState(s), and all EAC Partner States State(s) will use a compatible VMS. Those EAC Partner States State(s) which do not have a VMS will may be assisted by the EC Party UK to set up a compatible VMS. ii(b) In addition to a compulsory compatible VMS system, all coastal EAC coastal Partner StatesState(s), in conjunction with the EC PartyUK, will develop other mechanisms to ensure effective Monitoring, Control and Surveillance (MCS) and the EC Party will UK may support the EAC Partner States State(s) to put such an agreed system in place and assist in implementation. iii(c) The EC Party UK and the EAC Partner States State(s) shall have the right of placing observers, whether in national or international waters, with the procedures concerning the deployment of observers being well stipulated. Observers are to be paid by the national governments but all costs on board are to be met by the ship-owner. The EC Party will UK may support the costs of training observers. iv(d) Common systems of reporting of fishing will be developed and used throughout the region, with minimum terms set for reporting. v(e) All vessels that land or tranship their catch within an EAC Partner State shall do so in ports or outer-port areas. No transhipment shall be allowed at sea, except on particular condition conditions foreseen by the relevant Regional Fisheries Monitoring Management Organisation (RFMO) under special conditions). Both parties The Parties shall cooperate to develop and modernise landing or transhipment infrastructure in ports of the EAC Partner StatesState(s), including development capacity of fish products vi) All vessels shall endeavour to use the facilities of the EAC Partner States and to make use of local supplies. vii(f) Discards reporting shall be compulsory. Priority should be given to avoid avoiding discards through the use of selective fishing methods in line with principles of the IOTC and relevant regional fisheries organisations. As far as possible, by- by-catch shall be brought ashore. 102. The parties Parties agree to cooperate in developing and implementing national/regional training programmes for EAC nationals in order to facilitate their effective participation in the fishing industry. Where If the EC Party has negotiated UK negotiates a bilateral fisheries agreement, employment of nationals of the EAC nationals Partner State(s) shall be encouraged. The ILO (International Labour OrganisationOrganisation (ILO) declaration Declaration on fundamental principles and rights at work shall apply as of right to seamen signed on Community UK vessels. 113. Both parties The Parties shall undertake coordinated efforts to improve the means for preventing, deterring, and eliminating IUU (Illegal Unregulated and Unreported) fishing fishing, and to this end take appropriate measures. Fishing vessels involved in IUU fishing should be confiscated and the owners prosecuted by the competent authorities and authorities. They should not be allowed to fish again in waters of the EAC Partner States’ waters, State(s) concerned unless prior authorisation has been obtained from both the flag State and the concerned EAC Partner States State(s) as well as, where relevant, the concerned RFMO.RFMO concerned. TITLE III‌‌‌

Vessel Management and Post Harvest Arrangements. 9. Vessel Management and post harvest arrangements emerging from IOTC and any other relevant regional fisheries organisations will be observed. EAC Partner States and the EC Party shall set out minimum terms and conditions with respect to monitoring, control and surveillance of EU fishing vessels operating in the waters of EAC Partner States, which should include the following: i) : A Vessel Monitoring System (VMS) will be set up for all EAC coastal Partner States, and all EAC Partner States will use a compatible VMS. Those EAC Partner States which do not have a VMS will be assisted by the EC Party to set up a compatible VMS. ii) . In addition to a compulsory compatible VMS system, all EAC coastal Partner States, in conjunction with the EC Party, will develop other mechanisms to ensure effective Monitoring, Control and Surveillance (MCS) and the EC Party will support EAC Partner States to put such an agreed system in place and assist in implementation. iii) . The EC Party and EAC Partner States shall have the right of placing observers, whether in national or international waters, with the procedures concerning the deployment of observers being well stipulated. Observers are to be paid by the national governments but all costs on board are to be met by the ship-owner. The EC Party will support the costs of training observers. iv) . Common systems of reporting of fishing will be developed and used throughout the region, with minimum terms set for reporting. v) . All vessels that land or tranship their catch within an EAC Partner State shall do so it in ports or outer-port areas. No transhipment shall be allowed at sea, except on particular condition foreseen by the relevant Regional Fisheries Monitoring Organisation (RFMO) RFMO under special conditions. Both parties shall cooperate to develop and modernise landing or transhipment infrastructure in ports of EAC Partner States, including development capacity of fish products vi) . All vessels shall endeavour to use the facilities of the EAC Partner States and to make use of local supplies. vii) . Discards reporting shall be compulsory. Priority should be given to avoid discards through the use of selective fishing methods in line with principles of the IOTC and relevant regional fisheries organisations. As far as possible, by- by-catch shall be brought ashore. 10. The parties agree to cooperate in developing and implementing national/regional training programmes for EAC nationals in order to facilitate their effective participation in the fishing industry. Where the EC Party has negotiated bilateral fisheries agreement, employment of EAC nationals shall be encouraged. The ILO (International Labour Organisation) declaration on fundamental principles and rights at work shall apply as of right to seamen signed on Community vessels. 11. Both parties shall undertake coordinated efforts to improve the means for preventing, deterring, and eliminating IUU (Illegal Unregulated and Unreported) fishing and to this end take appropriate measures. Fishing vessels involved in IUU fishing should be confiscated and the owners prosecuted by the competent authorities and should not be allowed to fish again in EAC Partner States’ waters, unless prior authorisation has been obtained from both the flag State and the concerned EAC Partner States as well as, where relevant, the concerned RFMORFMO (Regional Fisheries Management Organisation).