# EUR-Lex - 52012PC0442 - EN

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# 52012PC0442

**Proposal for a COUNCIL DECISION on the conclusion of a new Fishery Partnership Agreement and of a new Protocol setting out the fishing opportunities and the financial contribution provided for by the Fisheries Partnership Agreement between the European Union and the Republic of Mauritius /* COM/2012/0442 final - 2012/0215 (NLE) */**

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EXPLANATORY MEMORANDUM

1.           CONTEXT OF THE PROPOSAL

On the basis of relevant Council mandate[1], the Commission on behalf of
the European Union negotiated with the Republic of Mauritius in view of
initialling a new Fisheries Partnership Agreement and Protocol between the
European Union and the Republic of Mauritius. Following these negotiations, a
new Fishery Partnership Agreement and a new Protocol were initialled on 23
February 2012.

The new agreement covers a period of six
years from the date of signature and it is tacitly renewable for successive
periods of three years.

The overall objective is to strengthen
cooperation between the EU and the Republic of Mauritius for the establishment
of a partnership framework for the development of a sustainable fisheries
policy and responsible exploitation of fisheries resources Mauritian fishing
zone, in the interest of both parties.

The protocol covers a period of 3 years. The
new protocol provides fishing opportunities for 86 tuna vessels (41 purse seiners
and 45 long-liners).

2.           RESULTS OF CONSULTATIONS WITH THE
INTERESTED PARTIES AND IMPACT ASSESSMENTS

Member States were consulted as part of
technical meetings and in the framework of the Fisheries Working Group of the
Council. These consultations concluded in the interest of concluding a Fisheries
Partnership Agreement and protocol with Mauritius. The Commission
relied, inter alia, the results of an evaluation carried out by external
experts which was finalized in November 2011.

3.           LEGAL ELEMENTS OF THE PROPOSAL

This procedure is started in parallel with
the procedures regarding, on one hand, the Council Decision on the signing, on
behalf of the Union, of the new Fishery Partnership Agreement and Protocol
setting out the fishing opportunities and the financial contribution provided
for by the Fishery Partnership Agreement between the European Union and the
Republic of Mauritius, and, on the other hand, the Council Regulation on the
allocation of fishing opportunities under the said Protocol.

4.           BUDGETARY IMPLICATION

The new
Protocol provides for a total financial contribution of EUR 1 980 000 for the
whole period. This amount corresponds to: a) EUR 357 500 per year equivalent to
an annual reference tonnage of 5 500 tonnes, and b) EUR 302 500 per year,
corresponding to the additional envelop paid by the Union to support Mauritius
fisheries and maritime policy.

The annual
financial contribution paid by the budget of the Union is therefore 660 000
EUR.

2012/0215 (NLE)

Proposal for a

COUNCIL DECISION

on the conclusion of a new Fishery
Partnership Agreement and of a new Protocol setting out the fishing
opportunities and the financial contribution provided for by the Fisheries
Partnership Agreement between the European Union and the Republic of Mauritius

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the
Functioning of the European Union, and in particular Article 43, paragraph 2, in
conjunction with Article 218, paragraph 6 a) thereof,

Having regard to the proposal from the
European Commission,

Having regard to the consent of the
European Parliament,[2]

Whereas:

(1)       The Union negotiated with Mauritius
a new Fishery Partnership Agreement and a new Protocol to that Fisheries
Partnership Agreement, providing Union vessels with fishing opportunities in
the waters over which Mauritius have sovereignty or jurisdiction in respect of
fisheries,

(2)       As a result of these
negotiations, a new Agreement and a new Protocol were initialled on 23 February
2012,

(3)       On the basis of Council
Decision 2012/XXX of [...][3],
this new Agreement and Protocol have been signed,

(4)       The Agreement and the Protocol
should be concluded,

HAS ADOPTED THIS DECISION:

Article 1

The Fisheries Partnership Agreement between
the European Union and the Republic of Mauritius is hereby approved[4] on behalf of the Union.

Article 2

The Protocol to the Fisheries Partnership
Agreement between the European Union and the Republic of Mauritius is
hereby approved[5]
on behalf of the Union.

Article 3

The President of the Council shall
designate the person(s) empowered to proceed, on behalf of the Union, to
the notifications provided for in Article 17 of the Fishery Partnership
Agreement and Article 15 of the Protocol, in order to express the consent of
the Union to be bound by the Fishery Partnership Agreement and by the Protocol[6].

Article 4

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

Done at Brussels,

For
the Council

The
President

FISHERIES PARTNERSHIP
AGREEMENT

between the European Union and the
Republic of Mauritius

THE EUROPEAN UNION,
hereinafter referred to as "the Union", and

THE REPUBLIC
OF MAURITIUS, hereinafter referred to as "Mauritius",       both hereinafter
referred to as "the Parties",

CONSIDERING
the close working relationship between the Union and Mauritius, particularly in
the context of the Cotonou Agreement, and their mutual desire to intensify that
relationship,

CONSIDERING
the desire of the two Parties to promote the sustainable exploitation of
fisheries resources by means of cooperation,

HAVING REGARD
TO the United Nations Convention on the Law of the Sea,

RECOGNISING
that Mauritius exercises its sovereign rights or jurisdiction over a zone
extending up to 200 nautical miles from the baseline in accordance with the United
Nations Convention on the Law of the Sea,

DETERMINED to
apply the decisions and recommendations taken by the relevant regional
organisations of which the Parties are members,

AWARE of the
importance of the principles established by the Code of Conduct for Responsible
Fisheries adopted at the Food and Agriculture Organisation (FAO) Conference in
1995,

DETERMINED to
cooperate, in their mutual interest, in promoting the introduction of
responsible fisheries to ensure the long-term conservation and sustainable
exploitation of marine living resources,

CONVINCED that
such cooperation must take the form of initiatives and measures which, whether
taken jointly or separately, are complementary and ensure consistent policies
and synergy of effort,

DECIDED, for the
purposes of such cooperation, that the Parties shall establish the dialogue
needed to implement the fishing policies of Mauritius by involving civil
society operators,

DESIROUS of
establishing terms and conditions governing the fishing activities of Union
vessels in Mauritian waters and Union support for responsible fishing in those
waters,

RESOLVED to
pursue closer economic cooperation in the fishing industry and related
activities by promoting cooperation between companies from both Parties,

HEREBY AGREE AS FOLLOWS:

Article 1 - Definitions

For the
purposes of this Agreement :

(a)          "Mauritian authorities"
means the Ministry of Fisheries of the Republic of Mauritius;

(b)          "Union authorities"
means the European Commission;

(c)          "fishing vessel" means
any vessel used for fishing purposes according to Mauritian law;

(d)          "Union vessel" means a
fishing vessel flying the flag of a Member State of the Union and registered in
the Union;

(e)          "Joint Committee" means
a committee made up of representatives of the Union and Mauritius, as specified
in Article 9 of this Agreement;

(f)           "transhipment" means
the transfer in the port area of some or all of the catch from one fishing
vessel to another vessel;

(g)          "shipowner" means the
person legally responsible for a fishing vessel, in its charge and control;

(h)          "ACP seamen" means
any seamen who are nationals of a non-European country signatory to the Cotonou
Agreement.

(i)           ‘FAO’ means Food and Agriculture
Organisation;

Article 2 - Scope

The purpose of this Agreement is to establish
the terms and conditions under which vessels registered in and flying the flag
of EU (hereinafter referred to as EU vessels) may carry out tuna fishing in the
waters over which Mauritius has sovereignty or jurisdiction (hereinafter
referred to as ‘Mauritius waters’) in accordance with the provisions of UNCLOS
and other rules of international Law and practises.

This Agreement establishes the principles,
rules and procedures governing:

-             economic, financial, technical
and scientific cooperation in the fisheries sector with a view to promoting
responsible fishing in Mauritius' waters in order to guarantee the conservation
and sustainable exploitation of fisheries resources and develop Mauritius'
fisheries sector;

-             cooperation on the arrangements
for policing fisheries in Mauritius' waters with a view to ensuring that the
above rules and conditions are complied with, that the measures for the
conservation and management of fish stocks are effective and that illegal, unreported
and unregulated fishing is prevented;

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

Article 3 – Principles and objectives
underlying the implementation of this Agreement

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

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

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

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

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

Article 4 – Scientific cooperation

1.           During the period covered
by this Agreement, the Union and the Mauritian authorities shall endeavour to
monitor the evolution of resources in Mauritius waters

2.           The Parties undertake to
consult one other, by means of a joint scientific working group or within the
international organisations concerned, to ensure the management and
conservation of living resources in the Indian Ocean, and to cooperate in the
relevant scientific research.

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

Article 5 – Access by Union vessels to
fisheries in Mauritian waters

1.           Mauritius undertakes to
authorise Union vessels to engage in fishing activities in its waters in
accordance with this Agreement, including the Protocol and Annex thereto.

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

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

4.           The Union undertakes to
take all the appropriate steps required to ensure that its vessels comply with
this Agreement and the legislation governing fisheries in Mauritius’ waters.

Article 6 –Fishing authorisations

1.           Union vessels may fish in Mauritius'
waters only if they are in possession of a fishing authorisation on board, or a
copy thereof, issued under this Agreement and the Protocol hereto.

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

Article 7 – Financial contribution

1.           The Union shall grant Mauritius
a financial contribution in accordance with the terms and conditions laid down
in the Protocol and Annexes to this Agreement. This contribution shall be based
on two elements, namely:

(a)     access by Union vessels to Mauritian
waters and fisheries resources, and

(b)     the Union's financial support for
promoting responsible fishing and the sustainable exploitation of fisheries
resources in Mauritian waters.

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

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

(a)     serious circumstances other than
natural phenomena which are such as to prevent fishing activities in Mauritian
waters;

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

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

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

(e)     termination of this Agreement under
Article 12;

(f)      suspension of the application of this
Agreement under Article 13.

Article 8 – Promoting cooperation among
economic operators and civil society

1.           The Parties shall
encourage economic, scientific and technical cooperation in the fisheries
sector and related sectors. They shall consult one another with a view to
coordinating the different measures that might be taken to this end.

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

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

4.           The Parties undertake to
implement a plan and actions between Mauritian and Union operators aimed at
promoting fish landing from Union vessels in Mauritius.

5.           The Parties shall
encourage, when appropriate, the setting-up of joint enterprises in their
mutual interest which shall systematically comply with Mauritian and Union
legislation.

Article 9 – Joint Committee

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

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

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

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

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

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

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

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

Article 10 – Geographical area to which
the Agreement applies

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

Article 11 - Duration

This Agreement
shall apply for six (6) years from the date of its entry into force; it shall
be tacitly renewed for additional periods of three (3) years, unless notice of
termination is given in accordance with Article 12.

Article 12 - Termination

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

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

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

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

Article 13 - Suspension

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

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

Article 14 – Protocol and Annex

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

Article 15 – National law

The activities of Union vessels operating
in Mauritian waters shall be governed by the applicable law in Mauritius,
unless otherwise provided in the Agreement or its Protocol, Annex and
Appendices hereto.

Article 16 - Repeal

On the date of
its entry into force, this Agreement repeals and replaces the Agreement between
the European Union and the Government of the Republic of Mauritius on fishing
off the coast of Mauritius which entered into force on 1/12/1990.

Article 17 – Entry into force

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

It shall enter into force on the date on
which the Parties notify each other of the completion of the procedures
necessary for that purpose.

PROTOCOL

setting
out the fishing opportunities and the financial contribution provided for by
the Fisheries Partnership Agreement between the European Union and the Republic
of Mauritius

Article 1
Period of application and fishing opportunities

1.           For a period of three (3) years,
the fishing opportunities granted under Article 5 of the Fisheries Partnership
Agreement shall be as follows:

Highly migratory species (species listed in
Annexe 1 to the 1982 United Nations Convention on the Law of the Sea)

a.            41 ocean-going tuna seiners, and

b.           45 surface long liners.

2.           Paragraph 1 of Article 1 shall
apply subject to Articles 5 and 6 of this Protocol.

3.           Under
Article 6 of the Fisheries Partnership Agreement, and Article 7 of this
Protocol, vessels flying the flag of a Member State of the European Union may
engage in fishing activities in Mauritius’ waters only if they are in
possession of a fishing authorisation issued under this Protocol in accordance
with the Annex hereto.

Article 2
Financial contribution - Methods of payment

1.           For the period referred to in
Article 1, the total financial contribution referred to in Article 7 of the
Fisheries Partnership Agreement shall be EUR 1 980 000 for the whole duration
of this Protocol.

2.           This total financial contribution
shall comprise:

a.            an annual amount for access to Mauritius’
waters of EUR 357 500 equivalent to a reference tonnage of 5 500 tonnes
per year, and

b.           a specific amount of EUR 302 500 per
year for the support and implementation of Mauritian sectoral fisheries policy
and maritime policy.

3.           Paragraph 1 of Article 2 shall
apply subject to Articles 3, 4, 5, and 6 of this Protocol.

4.           The European Union shall pay the
total amount referred in paragraph 2 (a) and 2 (b) of Article 2 (i.e. EUR 660
000 per year) each year during the period of application of this Protocol. Payment
shall be made no later than sixty (60) days after this Protocol’s entry into
force for the first year, and no later than the anniversary date of this
Protocol for the following years.

5.           If the overall quantity of catches
of tuna by European Union vessels in Mauritius' waters exceeds 5 500 tonnes per
year, the amount of the annual financial contribution for access rights shall
be increased by EUR 65 for each additional tonne caught. However, the total
annual amount paid by the European Union shall not be more than twice the
amount indicated in paragraph 2 (a) of Article 2 (EUR 715 000). Where the
quantities caught by European Union vessels in the Mauritius' waters exceed the
quantities corresponding to twice the total annual amount, the amount due for
the quantity exceeding that limit shall be paid the following year in line with
the provisions of the Annex.

6.           Mauritius shall have full
discretion regarding the use of the financial contribution specified in
paragraph 2 (a) of Article 2.

7.           The financial contribution shall
be paid into a single Public Treasury account in Mauritius opened with the
Central Bank of Mauritius. The account number shall be provided by the Mauritius
authorities.

Article 3
Promoting responsible fishing and sustainable fisheries
in Mauritius' waters

1.           As soon as this Protocol enters
into force and no later than three months after that date, the European Union
and Mauritius shall agree, within the Joint Committee provided for in Article 9
of the Fisheries Partnership Agreement, on a multiannual sectoral programme and
detailed implementing rules covering, in particular:

(a)          annual and multiannual guidelines
for using the specific amount of the financial contribution referred to in
paragraph 2 (b) of Article 2;

(b)          the objectives, both annual and
multiannual, to be achieved with a view to introducing, over time, responsible
fishing and sustainable fisheries, taking account of the priorities expressed
by Mauritius in its national fisheries and maritime policy, and other policies
relating to or having an impact on the promotion of responsible fishing and
sustainable fisheries, including marine protected areas;

(c)          criteria and procedures for
evaluating the results obtained each year.

2.           Any proposed amendments to the
multiannual sectoral programme shall be approved by both Parties within the
Joint Committee.

3.           Each year, Mauritius may
allocate, if necessary, an additional amount to the financial contribution
referred to in paragraph 2 (b) of Article 2 with a view to implementing the
multiannual programme. This allocation shall be notified to the European Union.

Article 4
Scientific cooperation on responsible fishing

1.           The two Parties hereby undertake
to promote responsible fishing in Mauritius' waters based on the principle of
non-discrimination between the different fleets fishing in those waters.

2.           During
the period covered by this Protocol, the European Union and Mauritius shall
endeavour to monitor the state of fishery resources in the Mauritius' waters.

3.           Both Parties shall endeavour to respect the resolutions,
recommendations and, when appropriate, the relevant management plans adopted by
the Indian Ocean Tuna Commission (IOTC) regarding conservation and responsible
management of fisheries.

4.           Based on the recommendations and
resolutions taken within the IOTC and the best available scientific advice and,
where appropriate, the results of the joint scientific meeting provided for by
Article 4 of the Fisheries Partnership Agreement, the two Parties may consult
each other within the Joint Committee provided for in Article 9 of the
Fisheries Partnership Agreement and, where necessary, agree on the measures to
ensure sustainable management of Mauritius’ fisheries resources.

Article 5
Adjustment of fishing opportunities by mutual agreement

1.           The fishing opportunities
referred to in Article 1 may be adjusted by mutual agreement insofar as the
recommendations and resolutions of IOTC support that such an adjustment will
secure the sustainable management of tuna and tuna-like species in the Indian
Ocean.

2.           In this case the financial
contribution referred to in paragraph 2 (a) of Article 2 shall be adjusted
proportionately and pro rata temporis. However, the total annual amount paid
by the European Union shall not be more than twice the figure indicated in paragraph
2 (a) of Article 2,

3.           Both Parties shall notify each
other in writing of any changes in their respective fisheries policies and
legislations.

Article 6
New fishing opportunities

1.           In the event that European Union
fishing vessels become interested in engaging in fisheries not provided for in
Article 1 of the Fisheries Partnership Agreement, the Parties shall consult
each other before any possible authorisation is granted for any such activities
and, where appropriate, agree on the conditions for such fishing including
effecting corresponding amendments to this Protocol and the Annex thereto.

2.           The Parties should encourage
experimental fishing, especially relating to under exploited deep water
species, present in Mauritius' waters. To this end, and at the request of one
Party, the Parties shall consult each other with a view to determining on a
case to case basis, the species, conditions and other relevant parameters.

3.           The Parties shall carry out experimental
fishing in accordance with parameters that will be agreed by both Parties in an
administrative arrangement where appropriate. The authorisations for
experimental fishing should be agreed for a maximum period of 6 months.

4.           In the event that the Parties
consider that experimental campaigns have given positive results, the
Government of Mauritius may allocate fishing possibilities of the new species
to the European Union fleet until the expiration of this Protocol. The
financial compensation mentioned in paragraph 2 (a) of Article 2 of this
Protocol shall consequently be increased. Ship-owners' fees and conditions as
provided for in the Annex shall be amended accordingly.

Article 7
Conditions governing fishing activities — Exclusivity clause

Without prejudice to Article 6 of the
Fisheries Partnership agreement, European Union's vessels may fish in Mauritius’
waters only if they are in possession of a valid fishing authorisation issued
by Mauritius under this Protocol and the Annex hereto.

Article 8
Suspension and review of the payment of the financial contribution

1.           Notwithstanding the provisions
laid out in Article 9 of this Protocol, the financial contribution referred to
in paragraphs 2 (a) and (b) of Article 2 shall be reviewed or suspended after consultation
between the two Parties provided that the European Union has paid in full any
amounts due at the time of suspension:

a)           if exceptional circumstances,
other than natural phenomena, prevent fishing activities in Mauritius’ waters;

b)           following significant changes in
the policy guidelines of either one of the Parties affecting the relevant
provisions of this Protocol;

c)           if the European Union ascertains
a breach of essential and fundamental elements on human rights as laid out by Article
9 of the Cotonou Agreement and following the procedure set out in Articles 8
and 96 thereof. In this case, all fishing activities of the EU vessels shall be
suspended.

2.           The European Union reserves the
right to suspend, totally or partially, the payment of the specific
contribution provided for in paragraph 2 (b) of Article 2, where the results of
the sectoral policy support obtained are found to be materially inconsistent with
the budgeted programming following the evaluation carried out and consultations
within the Joint Committee as provided by Article 3 of this Protocol.

3.           Payment of the financial
contribution and fishing activities may resume once the situation has returned
to the status prior to the occurrence of the above mentioned circumstances and if
the two Parties agree to do so following consultation.

Article 9
Suspension of the implementation of the Protocol

1.           Implementation of this Protocol
shall be suspended at the initiative of either one of the Parties subject to consultations between and agreement of the Parties within
the Joint Committee provided for in Article 9 of the Agreement:

a)           if exceptional circumstances,
other than natural phenomena, prevent fishing activities in Mauritius’ waters;

b)           in case the European Union fails
to make the payments provided for in paragraph 2 (a) of Article 2, for reasons
not covered by Article 8 of this Protocol;

c)           where a dispute arises between
the Parties over the interpretation and implementation of this Protocol and its
Annex which cannot be settled;

d)           if either one of the Parties does
not respect the provisions laid out by this Protocol and its Annex;

e)           following significant changes in
the policy guidelines of either one of the Parties affecting the relevant
provisions of this Protocol;

f)            if either one of the Parties
ascertains a breach of essential and fundamental elements on human rights as
laid out by Article 9 of the Cotonou Agreement, and following the procedure set
out in Articles 8 and 96 thereof.

g)           in case of non compliance with
the International Labour Organisation Declaration on Fundamental Principles and
Rights at Work as provided in Article 3, paragraph 5 of the Fisheries
Partnership Agreement.

2.           Suspension of implementation of
this Protocol shall require the Party concerned to notify its intention in
writing at least three months before the date on which the suspension is due to
take effect.

3.           In the
event of suspension of implementation, the Parties shall continue to consult
with a view to finding an amicable settlement to their dispute. Where such
settlement is reached, implementation of this Protocol shall resume and the
amount of the financial contribution shall be reduced proportionately and pro
rata temporis according to the period during which implementation of this
Protocol was suspended.

Article 10
National law

1.           The activities of European Union
fishing vessels in Mauritius' waters are subject to the laws and regulations of
Mauritius unless otherwise provided under this Protocol and the Annex thereof.

2.           The
authorities of Mauritius shall inform the European Commission of any changes or
new legislation regarding the fishery policy.

Article 11
Confidentiality

The Parties shall ensure that, at any time,
all data relating to EU vessels and their fishing activities in the Mauritius'
waters will be treated as confidential. These data are used exclusively for the
implementation of the Agreement and for the purposes of fisheries management,
monitoring, control and surveillance with the relevant competent authorities.

Article 12
Electronic exchanges of data

Mauritius and
the European Union will undertake to implement the necessary systems for the
electronic exchange of all information and documents related to the
implementation of the Agreement. The electronic form of a document at any point
will be considered equivalent to the paper version.

Both Parties
will immediately notify any disruption of a computer system impeding such
exchanges. In those circumstances, the information and documents related to the
implementation of the Agreement shall be automatically replaced by their paper
version in the manner defined in the Annex.

Article 13

Duration

This Protocol
and the Annex thereto shall apply for a period of three (3) years from its entry
into force, unless notice of termination is given in accordance with
Article 14.

Article 14
Termination

1.           In the event of termination of this
Protocol, the Party concerned shall notify the other Party in writing of its
intention to terminate it at least six months before the date on which such termination
should take effect.

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

Article 15
Entry into force

This Protocol with its Annex shall enter
into force on the date on which the Parties notify each other of the completion
of the procedures necessary for that purpose.

ANNEX

CONDITIONS FOR THE EXERCISE OF FISHING ACTIVITIES BY EUROPEAN UNION
VESSELS IN MAURITIUS WATERS

CHAPTER I

General provisions

1.           Designation of
competent authority

For the purposes of this Annex and
notwithstanding any indication to the contrary, any reference to the European
Union (EU) or to Mauritius as a competent authority shall mean:

–
For the EU: the European Commission, where
applicable via the EU delegation in Mauritius;

–
For Mauritius: the Ministry of Fisheries.

2.           Mauritius' waters

All the provisions of the Protocol and its
annexes apply exclusively to Mauritius' waters as indicated in Appendix 2.

3.           Bank account

Mauritius shall notify the EU before the
entry into force of the Protocol of the details of the bank account(s) into
which the financial sums payable by EU vessels under the Agreement should be
paid. The inherent costs linked to bank transfers shall be borne by
ship-owners.

CHAPTER
II

Tuna fishing authorisations

1.           Condition for obtaining
a tuna fishing authorisation – eligible vessels

The tuna fishing authorisations referred to
in Article 6 of the Agreement shall be issued on the condition that the vessel
is included in the EU register of fishing vessels in the list of authorized
fishing vessels of the IOTC and that all previous obligations of the
ship-owner, the master, or the vessel itself arising out of fishing activities
in Mauritius under the Agreement and the Mauritian fisheries legislation have
been met.

2.           Application for a
fishing authorisation

The EU shall submit to Mauritius an
application for a fishing authorisation in respect of any vessel wishing to
fish under the Agreement at least twenty-five (25) working days before the
start of the period of validity requested using the form attached to this Annex
as Appendix 1. The application must be typed or legibly written in block
capitals.

For each initial application for a fishing
authorisation on the basis of the Protocol in force, or following a technical
change to the vessel concerned, the application shall be accompanied by:

i.             the proof of payment of
the advance payment fee for the period of validity of the fishing authorisation
requested;

ii.            the name, address and
contact of:

·
The owner of the fishing vessel;

·
The operator of the fishing vessel;

iii.           a recent colour
photograph of the vessel, showing a lateral view, and at least 15 cm x
10 cm in size;

iv            the seaworthiness
certificate of the vessel;

v.            the registration
certificate of the vessel;

vi.      the contact details of the fishing
vessel (fax, e-mail, etc.).

For renewal of a fishing authorisation
under the Protocol in force for a vessel whose technical specifications have
not been modified, the renewal application shall only be accompanied by proof
of payment of the fee.

3.           Advance payment fee

The amount of the advance payment fee is
set on the basis of the annual rate specified in the technical sheets included
in Appendix 2 to this Annex. It shall include all local and national taxes with
the exception of port taxes, landing taxes, transhipment taxes and charges for
the provision of services.

4.           Provisional list of
vessels authorised to fish

Once it has
received the fishing authorisation applications, the national body responsible
for supervising fishing activities shall immediately draw up, for each category
of vessel, the provisional list of applicant vessels. This list shall be sent
without delay to the EU by the Mauritius competent authority.

The EU shall
forward the provisional list to the ship-owner or to the consignee. If the EU
offices are closed, Mauritius may send the provisional list directly to the
ship-owner or their consignee with a copy to the EU Delegation in Mauritius.

5.           Issue of fishing
authorisation

Fishing authorisations for all vessels
shall be issued to ship-owners or their consignee within twenty (20) working
days of receiving the full application by the competent authority. A copy of
this fishing authorisation shall be sent immediately to the EU Delegation in
Mauritius.

6.           List of vessels authorised
to fish

Once the fishing authorisation is issued,
the national body responsible for supervising fishing activities shall draw up
immediately for each category of vessel the final list of vessels which are
authorised to fish in the Mauritius waters. This list shall be sent immediately
to the EU and shall replace the provisional list mentioned above.

7.           Period of validity of
the fishing authorisation

Fishing
authorisations shall be valid for one year and be renewable.

In order to establish the start of the
period of validity, annual period shall mean:

i.             for the first year of
application of the Protocol, the period between the date of its entry into
force and 31 December of the same year;

ii.            then, each complete
calendar year;

iii.           for the last year of application
of the Protocol, the period between 1 January and the date of expiry of the
Protocol.

For the first and for the last year of the
Protocol the advance payment fee should be calculated on the prorata
temporis basis.

8.           Documents to be carried
onboard

While in Mauritius waters or in Mauritius
port, the following documents must be carried on board fishing vessel at all
times:

(a)
the fishing authorization;

(b)
documents issued by a competent authority of the
flag state of such fishing vessel, showing:

- the number under which the fishing vessel is
registered,

- the vessel certificate of registry;

(c)
up-to-date certified drawings or descriptions of
the layout of the fishing vessel and in particular, the number of fish holds of
the fishing vessels, with the storage capacity expressed in cubic metres;

(d)
if any modification was made to the
characteristics of the fishing vessel with respect to its length overall, its
gross registered tonnage, the horsepower of its main engine or engines or its
hold capacity, a certificate, certified by a competent authority of the flag
state of the fishing vessel, describing the nature of such modification;

(e)
if the fishing vessel is equipped with chilled
or refrigerated sea-water tanks, a document certified by a competent authority
of the flag state of the vessel indicating the calibration of the tanks in
cubic metres;

(f)
a copy of Mauritius Fisheries and Marine
Ressources Act 2007

9.           Transfer of fishing
authorisation

The fishing authorisation shall be issued
for a given vessel and shall not be transferable.

However, where force majeure is proven, at
the request of the EU, a vessel fishing authorisation may be replaced by a new
authorisation, issued for another similar vessel or a substitute vessel,
without payment of a new advance payment. In such case, the statement of fees
for freezer tuna seiners and surface long liners in Chapter IV shall take into
account the total catch of the two vessels in Mauritius' waters.

The transfer shall involve the fishing
authorisation to be replaced being returned by the ship-owner or its consignee
in Mauritius and the immediate drawing up by Mauritius of the replacement
authorisation as soon as possible. The replacement authorisation shall be
issued without further delay to the ship-owner or its consignee when the
authorisation to be replaced is returned. The replacement authorisation shall
take effect on the day on which the authorisation to be replaced is returned.

Mauritius shall update the list of vessels
authorised to fish as soon as possible. The new list shall be sent without
delay to the national body responsible for supervising fishing, and to the EU.

CHAPTER
III

Technical measures

Technical measures applicable to the
vessels holding a fishing authorisation, relating to Mauritius waters, fishing
gear and additional catch, shall be defined for each fishing category in the
technical sheets contained in Appendix 2 to this Annex.

The vessels
shall respect the fisheries legislation of Mauritius and all the resolutions
adopted by the IOTC (Indian Ocean Tuna Commission).

CHAPTER IV

Catch reporting

1.           Definition of the
fishing trip

For the
purposes of this Annex, the duration of a fishing trip by a EU vessel shall be
defined as follows:

- the period
elapsing between entering and leaving Mauritius's waters, or

- the period
elapsing between entering Mauritius's waters and a transhipment in port and/or
a landing in Mauritius.

2.           Fishing logbook

The master of an EU vessel fishing under
the Agreement shall keep an IOTC fishing logbook, for which the model for each
category of fishing is included in Appendix 3 of this Annex.

The fishing logbook must comply with IOTC
resolution 08/04 for longliners and resolution 10/03 for purse seiners.

The fishing logbook shall be completed by
the master for each day the vessel is present in Mauritius’ waters.

Each day the master shall record in the
fishing logbook the quantity of each species, identified by its code alpha 3 of
the FAO, caught and kept on board, expressed in kilograms of live weight or,
where necessary, the number of individual fish. For each main species, the
master shall also mention the by- catch.

The fishing logbook shall be filled in
legibly, in block capitals, and shall be signed by the master.

The master shall be responsible for the
accuracy of the data recorded in the fishing logbook.

3.           Catch reporting

The master shall notify the vessel's catch
by submitting to Mauritius its fishing logbooks for the period of its presence
in the Mauritius waters.

The fishing logbooks shall be transmitted
in one of the following ways:

i.             when passing through a
port of Mauritius, the original of each fishing logbook shall be submitted to
the local representative of Mauritius, who shall confirm receipt thereof in
writing; copy of the logbook shall be handed over to the Mauritius inspection
team;

ii.            when leaving the
Mauritius' waters without first passing through a Mauritian port, the original
of each fishing logbook shall be sent within a period of seven (7) working days
after arrival in any other port, and in any case within a period of fifteen
(15) working days after leaving the Mauritius' waters;

a.            by e-mail, to the e-mail
address given by the national body supervising fishing activities; or

b.           by fax, to the number
given by the national body supervising fishing activities; or

c.            by letter sent to the
national body supervising fishing activities;

The master shall send a copy of all the
fishing logbooks to the EU and the competent authority of the flag State. For
tuna-fishing vessels and surface longliners, the master shall also send a copy
of all the fishing logbooks to one of the following scientific institutes:

i.             Institut de recherche pour le
développement (IRD);

ii.            Instituto Español de
Oceanografía (IEO);

iii.           IPIMAR (Instituto Português
de Investigação Maritima);

The return of the vessel into the waters of
Mauritius within the period of validity of its fishing authorisation shall give
rise to further catch reporting.

Where the
provisions concerning catch reporting are not observed, Mauritius may suspend
the fishing authorisation of the vessel concerned until the missing catch
report is obtained and take any action against the ship-owner in accordance
with the relevant provisions under the national legislation in force. If the
offence is repeated, Mauritius may refuse to renew the fishing authorisation.
Mauritius shall inform the EU immediately of any sanction applied in this
context.

4.           Final statement of fees
for the tuna-fishing vessels and surface long liners

For each ocean-going tuna seiner and
surface long liner, the EU shall draw up, on the basis of its catch reporting
confirmed by the above scientific institutes, a final statement of the fees
owed by the vessel in respect of its annual season for the previous calendar
year.

The EU shall send this final statement to Mauritius
and to the ship-owner before 31 July of the year in progress. Mauritius may
contest the final statement, on the basis of documentary proof, within thirty
(30) working days of its being sent. In the case of disagreement, the Parties
shall consult each other in the Joint Committee. If Mauritius does not object
within thirty (30) working days, the final statement shall be considered to be
adopted.

Where the final statement is greater than
the above-mentionned (point 3 of Chapter II) advance payment fee paid to obtain
the fishing authorisation, the ship-owner shall pay the outstanding balance to Mauritius
by 30 September of the year in progress. Where the final statement is less than
the expected flat-rate fee, the remaining amount shall not be reclaimed by the
ship-owner.

CHAPTER V

Landings and transhipments

Transhipment at sea are prohibited. All
transhipment operations in port are monitored under the presence of Mauritian
fishing inspectors.

The master of an EU vessel wishing to land
or to tranship must notify Mauritius, at least 72 hours before landing or
transhipment, of the following:

a.            the name of the fishing
vessel which must land or tranship and its number in the IOTC record of fishing
vessels;

b.           the port of landing or
transhipment;

c.            the date and time
scheduled for the landing or transhipment;

d.           the quantity (expressed in
kilograms of live weight or, if necessary, the number of individual fish) of
each species to be landed or transhipped (identified by its FAO alpha 3 code);

e.            in the case of
transhipment, the name of the receiving vessel;

For the receiving vessels, not later than
24 hours before the beginning and at the end of the transhipment, the master of
the receiving carrier vessel shall inform the Mauritian authorities of the
quantities of tuna and tuna-like species transhipped to his vessel and complete
and transmit the transhipment declaration to the Mauritian authority within 24
hours.

The transhipment operation is subject to a
prior authorisation delivered by Mauritius to the captain or its consignee
within 24 hours after the above mentioned notification. The transhipment
operation must be carried out in a Mauritian port authorised for this purpose.

The designated fishing port where
transhipment operations are permitted in Mauritius is Port Louis (port declared
to the IOTC under resolution 10/11 and as per Port State Measures
requirements).

Non-compliance with these provisions shall
lead to the application of the relevant sanctions provided for under the
legislation of Mauritius.

CHAPTER VI

Control

1.           Entering and leaving Mauritius'
waters

Any entry into or departure from the
Mauritius waters of an EU vessel holding a fishing authorisation must be
notified to Mauritius within 24 hours prior to entry or exit.

When notifying its entry or exit, the
vessel shall notify in particular:

i.             the date, time and point
of passage scheduled;

ii.            the quantity of each
target species held on board, as identified by its FAO alpha 3 code and
expressed in kilograms of live weight or, if necessary, the number of
individual fish;

iii.           The quantity of each
by-catch species as identified by its FAO alpha 3-code and expressed in
kilograms of its live weight or, if necessary, the number of individual fish.

Notification shall be given preferably by
e-mail or, failing that, by fax, to an e-mail address or a telephone number or
a fax number communicated by Mauritius, using the form attached to the Annex as
Appendix 4. Mauritius shall confirm receipt thereof immediately by return
e-mail or fax.

Mauritius shall immediately inform the
vessels concerned and the EU of any change to the e-mail address, telephone
number or transmission frequency.

Any vessel found to be fishing in the
Mauritius waters without having previously notified its presence shall be
considered to be an unauthorized fishing vessel.

Any person infringing this provision shall
be liable to the penalties and sanctions provided for in the Fisheries and
Marine ressources Act 2007.

The entry/exit catch reports must be kept
onboard at least for one year from the date of the report transmission.

2.           Periodic catch report

When an EU vessel is operating in Mauritius
waters, the captain of an EU vessel holding a fishing authorization must notify
the Mauritius Authority every three (3) days with the catch made in Mauritius
waters. The first catch declaration will start three (3) days after the date of
entry in Mauritius waters.

Every three (3) days when notifying its
periodic catch report, the vessel shall notify in particular:

i.          the date, time and position on
reporting;

ii.          the quantity of each target
species caught and held on board during the three (3) days period, as
identified by its FAO alpha 3 code and expressed in kilograms of live weight
or, if necessary, the number of individual fish;

iii.         the quantity of each by-catch
species during the three (3) days period, as identified by its FAO alpha 3 code
and expressed in kilograms of live weight or, if necessary, the number of
individual fish;

iv.         product presentation;

v.         For tuna Purse seine fishing
vessels:

- number of successful sets on
FAD since last report;

- number of successful sets on
free school since last report;

- number of unsuccessful sets.

vi.         For tuna Long line fishing
vessels:

- number of sets since last
report;

- number of hooks deployed
since last report.

Notification shall be given preferably by
e-mail or, by fax, to an e-mail address or a telephone number communicated by
Mauritius, using the form attached to the Annex as Appendix 5. Mauritius shall
immediately inform the vessels concerned and the EU of any change to the e-mail
address, telephone number or transmission frequency.

Any vessel found to be fishing in the
Mauritius waters without having notified its three (3) days periodic catch
report shall be considered to be an unauthorized fishing vessel. Any person
infringing this provision shall be liable to the penalties and sanctions
provided for in the Fisheries and Marine ressources Act 2007.

The periodic catch reports must be kept on
board at least one (1) year from the date of the report transmission.

3.           Inspection at sea

The inspection at sea in Mauritius’ waters
of EU vessels holding a fishing authorisation shall be carried out by vessels
and inspectors of Mauritius who are clearly identified as being assigned to
carry out fishing checks.

Before going on board, the authorised
inspectors shall warn the EU vessel of their decision to carry out an
inspection. The inspection shall be carried out by fisheries inspectors, who
must provide proof of their identity and official position as an inspector
before carrying out the inspection.

The authorised inspectors shall only stay
on board the EU vessel for the time necessary to carry out tasks linked to the
inspection. They shall carry out the inspection in a way which minimises the
impact on the vessel, its fishing activity and cargo.

At the end of each inspection, the
authorised inspectors shall draw up an inspection report. The master of the EU
vessel shall have the right to make comments in the inspection report. The
inspection report shall be signed by the inspector drawing up the report and
the master of the EU vessel.

The authorised inspectors shall give a copy
of the inspection report to the master of the EU vessel before leaving the
vessel. In case of infringement, a copy of the notification of the infringement
shall be transmitted also to the EU as provided in chapter VIII.

4.           Inspection in port in
case of landing and transhipment

The inspection in a port of Mauritius of EU
vessels which land or tranship their catch from the Mauritius’ waters shall be
carried out by Mauritian inspectors who are clearly identified as being
assigned to carry out fishing checks.

Inspectors must provide proof of their
identity and official position as an inspector before carrying out the
inspection. The Mauritian inspectors shall only stay on board the EU vessel for
the time necessary to carry out the tasks related to the inspection and shall
conduct the inspection in such a way as to minimise the impact on the vessel,
the landing or transhipment operation and the cargo.

At the end of each inspection, the
inspectors shall draw up an inspection report. The master of the EU vessel has
the right to include his comments in the inspection report. The inspection
report shall be signed by the inspector drawing up the report and the master of
the EU vessel.

The Mauritian inspectors shall give a copy
of the inspection report to the master of the EU vessel at the end of the
inspection.

CHAPTER VII

Satellite monitoring system (VMS)

1.           Vessel position
messages – VMS system

EU vessels holding a fishing authorisation
must be equipped with a satellite monitoring system (Vessel Monitoring System –
VMS) to enable automatic and continuous communication of their position, every one
hour, to the fishing control centre (Fisheries Monitoring Centre – FMC) of
their flag state.

Each position message must contain :

a.            the vessel
identification;

b.           the most recent
geographical position of the vessel (longitude, latitude), with a position
error of less than 500 metres, and with a confidence interval of 99%;

c.            the date and time the
position is recorded;

d.           the speed and the course
of the vessel;

Each position message must be configured in
accordance with the format included in Appendix 4 to this Annex.

The first position recorded after entry
into the Mauritius’ waters shall be identified by the code 'ENT'. All
subsequent positions shall be identified by the code 'POS', with the exception
of the first position recorded after departure from the Mauritius’ waters,
which shall be identified by the code 'EXI'. The FMC of the flag state shall
ensure the automatic processing and, if necessary, the electronic transmission
of the position messages. The position messages shall be recorded in a secure
manner and kept for a period of three years.

2.           Transmission by the
vessel in the event of breakdown of the VMS system

The master shall ensure at all times that
the VMS system of his vessel is fully operational and that the position
messages are correctly transmitted to the FMC of the flag state.

The EU vessels with defective VMS systems
are not authorized to enter in the Mauritius’ waters. When already operating in
the Mauritius’ waters, in the event of breakdown, the VMS system of the vessel
shall be repaired at the end of the trip or replaced within fifteen (15)
working days. After that period, the vessel shall no longer be authorised to
fish in the Mauritius’ waters..

Vessels fishing in the Mauritius’ waters
with a defective VMS system must communicate their position messages by e-mail
or fax to the FMC of the flag state and of Mauritius, at least every two hours,
and must provide all the compulsory information.

3.           Secure communication of
the position messages to Mauritius

The FMC of the flag state shall
automatically send the position messages of the vessels concerned to the FMC of
Mauritius. The FMC of the flag state and Mauritius shall exchange their contact
e-mail addresses and inform each other without delay of any change to these
addresses.

The transmission of position messages
between the FMCs of the flag state and Mauritius shall be carried out
electronically using a secure communication system.

The FMC of Mauritius shall inform the FMC
of the flag state and the EU of any interruption in the receiving of
consecutive position messages from a vessel holding a fishing authorisation,
where the vessel concerned has not notified its departure from Mauritius'
waters.

4.           Malfunction of the
communication system

Mauritius shall ensure the compatibility of
its electronic equipment with that of the FMC of the flag state and inform the
EU immediately of any malfunction as regards the communication and receiving of
position messages with a view to finding a technical solution as soon as
possible. The Joint Committee shall deal with any possible dispute arising.

The master shall be considered to be
responsible for any proven manipulation of the vessel’s VMS system aimed at
disturbing its operation or falsifying its position messages. Any infringement
shall be subject to the penalties provided for by Mauritian legislation in
force.

5.           Revision of the
frequency of position messages

On the basis of documentary evidence
proving an infringement, Mauritius may ask the FMC of the flag state, copying
in the EU, to reduce the interval for sending position messages from a vessel
to every thirty minutes for a set period of investigation. This documentary
evidence must be sent by Mauritius to the FMC of the flag state and the EU. The
FMC of the flag state shall immediately send the position messages to Mauritius
at the new frequency.

The FMC of Mauritius shall then immediately
notify the Control Centre of the flag State and the European Commission of the
end of the inspection procedure;

At the end of the set investigation period,
Mauritius shall inform the FMC of the flag state and the EU of any monitoring
which is required.

CHAPTER VIII

Infringements

Failure to
observe any of the rules and provisions of the Protocol the management and
conservation of living resources measures or Mauritius fisheries legislation
Mauritius fisheries legislation may be penalized by fines, suspension,
revocation or non-renewal of the vessel's fishing authorization.

1.           Treatment of
infringements

Any infringement committed in the
Mauritius’ waters by an EU vessel holding a fishing authorisation in accordance
with the provisions of this Annex must be mentioned in an (inspection) report.

In case of an inspection on board, the
signature of the inspection report by the master shall be without prejudice to
the ship owner's right of defence in respect of an infringement. Where the
master refuses to sign the inspection report, he shall write in the inspection
report the reasons of his refusal with the mention "refusal to sign".

For any infringement committed in
Mauritius’ waters by an EU vessel holding a fishing authorization the
notification of the infringement defined and the relevant sanctions imposed on
the captain or the fishing company shall be sent directly to the shipowners
following the procedures set in the Mauritius Fisheries Law. A copy of the
notification shall be sent to the flag state of the vessel and to the EU within
72 hours.

2.           Detention of a vessel

Where permitted under the Mauritius
fisheries legislation regarding the infringement, any EU vessel having
committed an infringement may be forced to cease its fishing activity and,
where the vessel is at sea, to return to a Mauritian port.

Mauritius shall notify the EU within 24
hours of any detention of an EU vessel holding a fishing authorisation. The
notification will provide the reasons of the arrest and/or detention.

Before taking any measure against the
vessel, the master, the crew or the cargo, with the exception of measures aimed
at protecting evidence, Mauritius shall designate an investigating officer and
organise, at the request of the EU, within one working day of notification of
the detention of the vessel, an information meeting to clarify the facts which
have led to the vessel being detained and to explain what further action may be
taken. A representative of the flag state and of the ship-owner of the vessel
may attend this information meeting.

3.           Penalties for
infringements - Compromise procedure

The penalty for the infringement shall be
as provided in the Mauritius legislation in force .

In the event that the ship-owner does not
accept the fines, a compromise procedure prior to launching the legal
procedures shall be undertaken between the Mauritian authorities and the EU
vessel to settle the issue amicably. A representative of the flag state of the
vessel may participate in this compromise procedure. The compromise procedure
shall finish at the latest 72 hours after the notification of the detention of
the vessel.

4.           Legal proceeding – Bank
guarantee

If the above mentioned compromise procedure
fails and the infringement is brought before the competent court, the owner of
the vessel which committed the infringement shall deposit a bank guarantee at a
bank designated by Mauritius, the amount of which, as set by Mauritius, covers
the costs linked to the detention of the vessel, the estimated fine and any
compensation. The bank guarantee may not be recovered until the legal
proceedings have been concluded.

The bank security shall be released and
returned to the shipowner without delay after the judgment has been given:

a.            in full, if no penalty
has been imposed;

b.           for the amount of the
remaining balance, if the penalty is a fine which is lower than the amount of
the bank security.

Mauritius shall inform the EU of the
outcome of the legal proceedings within 8 days of the judgement being given.

5.           Release of the vessel
and the crew

The vessel and its crew shall be authorised
to leave the port once the penalty has been paid in a compromise procedure, or
once the bank guarantee has been deposited.

CHAPTER IX

Signing-on of seamen

1.           Number of seamen to
sign on

During their activities in Mauritius'
waters.Ten (10) Mauritian qualified seamen shall embark the EU fleet. The
owners of EU vessels shall endeavour to sign on additional Mauritian seamen.

In case of non-embarkation, the ship-owners
shall pay a lump-sum equivalent to the salary of the seamen non-embarked for
the duration for the fishing campaign in the Mauritius’ waters. In case the
fishing cmpaign lasts less than one month, ship-owners shall be required to pay
the sum corresponding to one month’s salary.

2.           Seamen's contracts

The employment contract shall be drawn up
by the ship-owner or its consignee and the seaman, if necessary represented by
their union, in liaison with Mauritius. It shall stipulate in particular the
date and port of signing on.

These contracts shall guarantee the seamen
the social security cover applicable to them in Mauritius, including life
assurance and sickness and accident insurance.

A copy of the contract shall be given to
the signatories.

The basic working rights laid down in the
declaration of the International Labour Organisation (ILO) shall be afforded to
Mauritian seamen. This concerns in particular the freedom of association and
the effective recognition of the right to collective bargaining, and the
elimination of discrimination in respect of employment and occupation.

3.           Seamen's wages

The wages of the Mauritian seamen shall be
paid by the ship-owner. They shall be set before the fishing authorisation is
issued and by mutual agreement between the ship-owner and its consignee in
Mauritius.

The wages shall not be lower than those of
crews on national vessels, nor the level determined by the ILO.

4.           Seamen's obligations

The seamen shall report to the master of
the vessel to which they have been appointed the day before the signing-on date
stipulated in their contract. The master shall inform the seaman of the date
and time of signing on. If the seaman withdraws or does not present himself at
the date and time stipulated for his signing on, his contract shall be
considered to be null and void and the ship-owner shall be automatically
discharged from its obligation to sign him on. In this case the ship-owner
shall not be liable for any financial penalty or compensation payment.

CHAPTER X

1.           Observation of fishing
activities

This observation program shall conform to
the provisions provided for in the resolutions adopted by the IOTC (Indian
Ocean Tuna Commission).

2.           Designated vessels and
observers

Mauritius authorities shall draw a list of
vessels designated to take an observer on board. This list shall be kept up to
date. It shall be forwarded to the European Commission as soon as it has been
drawn up.

Mauritius' authorities shall inform the
ship-owners concerned of the name of the observers appointed to be taken on
board of their vessel no later than fifteen (15) days before the observer's
planned embarkation date.

The observers
shall not spend more time on board the vessel than is necessary to carry out
their duties.

3.           Observer's salary

The salary and social contributions of the
observer shall be borne by the Mauritian authorities.

4.           Embarkation conditions

The embarkation conditions for the
observer, in particular the duration of presence on board, shall be defined by
mutual agreement between the ship-owner or its consignee and Mauritius.

Observers shall be treated as officers.
However, receiving the observer on board shall take into account the technical
structure of the vessel.

The ship-owner shall bear the costs of
providing accommodation and food for the observer on board.

The master
shall take all the measures for which he is responsible to guarantee the
physical safety and general wellbeing of the observer.

Observers shall
be granted access to every facility needed to carry out their duties. They
shall have access to means of communication and any documents on board, and to
documents relating to the fishing activities of the vessel, in particular the
fishing logbook, freeze log and navigation log, and the parts of the vessel
directly linked to their duties.

5.           Embarkation and landing
of observers

The observer shall sign on in a port chosen
by the ship-owner.

The ship-owner or its representative shall
notify Mauritius, with a notice period of ten (10) days before the embarkation,
of the date, time and port of embarkation of the observer. If the observer is
embarked in a foreign country, their travel costs to the port of embarkation
shall be borne by the ship-owner.

If the observer does not arrive to embark
within 12 hours of the date and time set, the ship-owner shall be automatically
discharged from its obligation to allow the observer to embark.

It shall be free to leave the port and
start fishing operations.

Where the
observer is not disembarked in a port of Mauritius, the ship-owner shall bear the
costs of accommodation and food during the time the observer is waiting for
repatriation flight.

6.           Observer's obligations

Whilst they are on board observers shall:

a.            take all appropriate
measures so as not to interrupt or hinder fishing operations;

b.           respect on-board property
and equipment;

c.            respect the confidential
nature of any document belonging to the vessel.

The observers shall communicate
observations by radio, fax or e-mail at least once a week while the vessel is
fishing in the Mauritius’ waters, including the quantity of catches and
by-catches on board and any other duties as required by the authority.

7.           Observer's report

Before leaving the vessel, the observer
shall submit a report of his observations to the master of the vessel. The master
of the vessel shall have the right to make comments in the observer's report.
The report shall be signed by the observer and the master. The master shall
receive a copy of the observer's report.

The observer
shall send his report to Mauritius, which shall send a copy of it to the EU
within fifteen (15) working days of the disembarkation of the observer.

-----------------------------------------------------------------

Appendices to this Annex

1. Appendix I -
Application form for a fishing authorisation

2. Appendix 2 –
Technical sheets

3. Appendix 3 –
Fishing logbook

4. Appendix 4 –
Format of VMS message position

5. Appendix 5 –
Catch report forms

Appendix 1

APPLICATION FOR A FOREIGN FISHING VESSEL LICENCE

Name
of applicant : ........................................................................................... Address of applicant : .............................................................................................
Name and address of charterers of vessels if different from above :
........................................ Name and address of agent
in Mauritius: .................................................................... Name of vessel :
................................................................................................. Type of vessel :
.................................................................................................. Country
of registry : ............................................................................................... Port and registration number : .................................................................................. Fishing
vessel external identification : ......................................................................... Radio call sign
and frequency : .................................................................................... Fax number of vessel
...................................................................................................

Length of vessel : ..........................................................................................

Width of
vessel : .................................................................................................. Engine type and
power : .........................................................................................

Gross
registered tonnage of vessel : ........................................................................

Net registered tonnage of
vessel : .............................................................................. Minimum
crew complement : ................................................................................... Type of fishing practised : ....................................................................................

Proposed species of fish :

Period of validity requested :
....................................................................................

I certify that the above particulars are
correct.

Date :          .....................................          Signature :

Appendix 2

TECHNICAL SHEET :         TUNA SEINERS AND SURFACE LONGLINERS

1. Mauritius’ waters:

· Beyond fifteen (15) nautical miles from the base lines with the view to avoid adverse effects to small-scale artisanal fisheries in Mauritius.

2. Authorised gear:

· Seine · Surface longliner

3. By-catches:

· Compliance with IOTC Resolutions

4. Authorised tonnage/Fees:

Number of vessels authorised to fish || · Ocean-going tuna seiner vessels                : 41 · surface longliner vessels : 45

Annual advance payment fee: || · 3 710 EUR per ocean-going tuna seiner vessel, for 106 tonnes of catch of highly migratory and associated species · 3 150 EUR per surface longliner vessel > 100 GT, for 90 tonnes of catch of highly migratory and associated species · 1 750 EUR per surface longliner vessel < 100 GT, for 50 tonnes of catch of highly migratory and associated species

Additional fee: || 35 EUR per tonne caught

5. Mauritius seamen

· 10 seamen or payment of a compensation (ref. Chapter IX of Aneexe)

·

Appendix 3 – Fishing logbook (IOTC forms)

Appendix 4 – Format of VMS message position

COMMUNICATION OF VMS MESSAGES
POSITION REPORT

Data Element || Code || Mandatory/ Optional || Content

Start record || SR || M || System detail – indicates start of record

Addressee || AD || M || Message detail – addressee. Alpha-3 ISO country code

From || FR || M || Message detail – sender. Alpha-3 ISO country code

Flag State || FS || O || Message detail – flag state

Type of message || TM || M || Message detail – message type [ENT, POS, EXI]

Radio call sign || RC || M || Vessel detail – international radio call sign of vessel

Contracting Party internal reference number || IR || O || Vessel detail – unique Contracting Party number (flag State ISO3 code followed by number)

External registration number || XR || M || Vessel detail – number marked on side of vessel

Latitude || LA || M || Vessel position detail – position in degrees and minutes N/S DDMM (WGS84)

Longitude || LO || M || Vessel position detail – position in degrees and minutes E/W DDMM (WGS84)

Course || CO || M || Vessel course 360° scale

Speed || SP || M || Vessel speed in tenths of knots

Date || DA || M || Vessel position detail – date of record of UTC position (YYYYMMDD)

Time || TI || M || Vessel position detail – time of record of UTC position (HHMM)

End record || ER || M || System detail - indicates end of record

M = mandatory data element
O = optional data element

Each data transmission is structured as follows:

1. characters are accorded to the ISO 8859.1 norm

2.
a double slash (//) and field code SR indicate the start of the message
3. each data element is identified by its code ans separated from the other
data elements by a double slash (//)
4. a single slash (/) separates the field code and the data
5. the ER code followed by a double slash (//) indicates the end of the message
6. the optional data elements must be inserted between the start and the end of
the message

Appendix 5 – Catch report form

Statement of catch form for
tuna seiners / Fiche de déclaration de captures pour thoniers senneurs

DEPART / SALIDA / DEPARTURE || ARRIVEE / LLEGADA / ARRIVAL || NAVIRE / BARCO / VESSEL || PATRON / PATRON / MASTER || FEUILLE

PORT / PUERTO / PORT DATE / FECHA / DATE HEURE / HORA / HOUR LOCH / CORREDERA / LOCH || PORT / PUERTO / PORT DATE / FECHA / DATE HEURE / HORA / HOUR LOCH / CORREDERA / LOCH || || || HOJA / SHEET N°

DATE FECHA DATE || POSITION (chaque calée ou midi) POSICION (cada lance o mediadia) POSITION (each set or midday) || CALEE LANCE SET || CAPTURE ESTIMEE ESTIMACION DE LA CAPTURA ESTIMATED CATCH || ASSOCIATION ASSOCIACION ASSOCIATION || COMMENTAIRES OBSERVATIONES COMMENTS || || COURANT CORRIENTE CURRENT

|| || || || 1 ALBACORE RABIL YELLOWFIN || 2 LISTAO LISTADO SKIPJACK || 3 PATUDO PATUDO BIGEYE || AUTRE ESPECE préciser le/les nom(s) OTRA ESPECIE dar el/los nombre(s) OTHER SPECIES give name(s) || REJETS préciser le/les nom(s) DESCARTES dar el/los nombre(s) DISCARDS give name(s) || || || || || || || Route/Recherche, problèmes divers, type d'épave (naturelle/artificielle, balisée, bateau), prise accessoire, taille du banc, autres associations, ... Ruta/Busca, problemas varios, tipo de objeto (natural/artificial, con baliza, barco), captura accesoria, talla del banco, otras asociaciones, ... Steaming/Searching, miscellaneous problems, log type (natural/artificial, with radio beacon, vessel), by catch, school size, other associations, ... || ||

Taille Talla Size || Capture Captura Catch || Taille Talla Size || Capture Captura Catch || Taille Talla Size || Capture Captura Catch || Nom Nombre Name || Taille Talla Size || Capture Captura Catch || Nom Nombre Name || Taille Talla Size || Capture Captura Catch

Une calée par ligne / Uno lance cada línea / One set by line

|| || || || || || || || || || || || || || || || || || || || || || || || || || ||

|| || || || || || || || || || || || || || || || || || || || || || || || || || ||

|| || || || || || || || || || || || || || || || || || || || || || || || || || ||

|| || || || || || || || || || || || || || || || || || || || || || || || || || ||

SIGNATURE   DATE

LEGISLATIVE FINANCIAL
STATEMENT

1.           FRAMEWORK OF THE PROPOSAL/INITIATIVE

1.1.    Title of the
proposal/initiative

1.2.    Policy area(s)
concerned

1.3.    Nature of the
proposal/initiative

1.4.    Objective(s)

1.5.    Grounds for the
proposal/initiative

1.6.    Duration and
financial impact

1.7.    Management
mode(s) envisaged

2.           MANAGEMENT MEASURES

2.1.    Monitoring and
reporting rules

2.2.    Management and
control system

2.3.    Measures to
prevent fraud and irregularities

3.           ESTIMATED FINANCIAL IMPACT OF THE PROPOSAL/INITIATIVE

3.1.    Heading(s) of
the multiannual financial framework and expenditure budget line(s) affected

3.2.    Estimated impact
on expenditure

3.2.1. Summary of
estimated impact on expenditure

3.2.2. Estimated impact
on operational appropriations

3.2.3. Estimated impact
on appropriations of an administrative nature

3.2.4. Compatibility
with the current multiannual financial framework

3.2.5. Third-party
contributions

3.3.    Estimated impact
on revenue

1.           FRAMEWORK OF THE PROPOSAL/INITIATIVE

1.1.        Title of the
proposal/initiative

Proposal for a Council Decision on the
conclusion of a new Fishery Partnership Agreement and a new Protocol setting
out the fishing opportunities and financial contribution provided for in the
Fisheries Partnership Agreement between the European Union and the Republic of
Mauritius

1.2.        Policy area(s) concerned
in the ABM/ABB structure[7]

11. - Maritime Affairs and Fisheries

11.03 - International fisheries and law of the
sea

1.3.        Nature of the
proposal/initiative

 ̈ The proposal/initiative relates to a new action

 ̈ The proposal/initiative relates to a new action following a pilot
project/preparatory action[8]

X The proposal/initiative relates to the
extension of an existing action

 ̈ The proposal/initiative relates to an action redirected towards a
new action

1.4.        Objectives

1.4.1.     The Commission’s
multiannual strategic objective(s) targeted by the proposal/initiative

The Commission’s exclusive responsibility for
negotiating bilateral fisheries agreements involves negotiating, concluding and
implementing Fisheries Partnership Agreements (FPAs) and, at the same time,
ensuring political dialogue between partners in the field of fisheries policy
in the third countries concerned.

The negotiation and conclusion of fisheries
agreements with third countries meets the general objective of maintaining and
safeguarding the fishing activities of the European Union fleet, including the
distant-water fleet, and developing relations in a spirit of partnership with a
view to strengthening the sustainable exploitation of fishery resources outside
EU waters, taking account of environmental, social and economic concerns.

FPAs also ensure coherence between the
principles governing the Common Fisheries Policy and the commitments made under
other European policies (sustainable use of third-country resources, combating
illegal, unreported and unregulated (IUU) fishing, integration of partner
countries into the global economy and better political and financial governance
of fisheries).

1.4.2.     Specific objective(s) and
ABM/ABB activity(ies) concerned

Specific objective No 1[9]

To contribute to sustainable fishing in non-EU
waters, maintain a European presence in distant-water fisheries and protect the
interests of the European fisheries sector and of consumers by negotiating and
concluding fisheries partnership agreements with coastal states (third
countries), in consistency with other European policies.

ABM/ABB activity(ies) concerned

Maritime affairs and fisheries, international
fisheries and law of the sea, international fisheries agreements (budget line 11.0301)

1.4.3.     Expected result(s) and
impact

Specify the effects which the
proposal/initiative is expected to have on the beneficiaries/groups targeted.

The conclusion of the Fisheries Partnership
Agreement and Protocol between the EU and Mauritius will help maintain the
current level of fishing opportunities for European vessels in Mauritius waters
for the period 2012-2015 , particularly as regards the tuna fleet. The Protocol
will help maintain continuity in the fishing zones covered by agreements in the
Indian Ocean. The Protocol will also contribute to better management and
conservation of fishery resources, through financial support (sectoral support)
for the implementation of the annual and multiannual programmes adopted at
national level by the partner country.

1.4.4.     Indicators of results and
impact

Specify the indicators for monitoring
implementation of the proposal/initiative.

The following indicators will be used in the
context of ABM (activity-based management) for the purposes of monitoring
implementation of the Agreement:

- monitoring the annual rate of utilisation of
fishing opportunities (annual uptake of fishing authorisations as a percentage
of availability under the Protocol);

- gathering and analysing data on catches and
the commercial value of the Agreement In aggregate with other fisheries
partnership agreements concluded by the EU with third countries, the following
indicators may be used as part of a multiannual analysis:

- contribution to employment and to added value
in the EU;

- contribution to stabilising the EU market;

Furthermore, the following monitoring indicator
is also proposed:

- number of technical meetings and Joint
Committee meetings.

1.5.        Grounds for the
proposal/initiative

1.5.1.     Requirement(s) to be met in
the short or long term

The new Protocol covers a three years period
starting on the date of its entry into force (most probably from 2012 to 2015.
It will provide a framework for the fishing activities of the European fleet
and will, in particular, allow shipowners to obtain fishing authorisations in
the Mauritian waters

In addition, one of the objectives of the new
Protocol is to strengthen the cooperation between the EU and Mauritius on
promoting the development of a sustainable fisheries policy and the rational
exploitation of fishery resources in the Mauritian waters.

The amount of the annual financial contribution
under the new protocol is EUR 660 000 out of which EUR 302 500 are allocated to
assist the fishing sector.

The main elements of the new Protocol are:

-        Fishing opportunities: 41 tuna seiners
and 45 surface longliners vessels will be authorised to fish, with an annual
reference tonnage of 5 500 tonnes. The allocation of these fishing
opportunities among the Member States concerned is the subject of a proposal
for a specific Council Regulation.

-        Advances and fees payable by
shipowners[10]:
EUR 35 per tonne of tuna caught in the Mauritian waters by seiners and
surface longliners. The annual advances are set at EUR 3 710 per tuna
seiner, EUR 3 150 per longliner of more than 100 GT and EUR 1 750 per
longliner of less than 100 GT.

1.5.2.     Added value of EU
involvement

As regards this new Protocol, failure to act by
the EU would allow private agreements to continue which would not guarantee
sustainable fisheries. The European Union also hopes that, with this Protocol,
Mauritius will continue to cooperate effectively with the EU in regional bodies
such as the Indian Ocean Tuna Commission (IOTC) and the Indian Ocean Commission
(IOC). The funds available will also allow Mauritius to continue its strategic
planning efforts for the implementation of its fisheries policies, in
particular its Fishery Masterplan, and to strengthen its capacity for combating
IUU fishing.

The Fisheries Agreement also provides
employment for seamen from the European Union and Mauritius. It could also
generate economic activity in port in Mauritius which will be used by EU
shipowners for carring out repairs on their ships or landings.

1.5.3.     Lessons learned from
similar experiences in the past

A thorough evaluation was carried out on the
current Fishery Agreement and conditions of fishery activities in Mauritian
waters, finalised in November 2011, with the assistance of a consortium of
independent consultants, with a view to the possible launch of negotiations on
a new Fishery Partnership Agreement and Protocol.

The ex-ante evaluation identified the following
points of interest for the EU:

-        By meeting the needs of the European
fleets, the fisheries agreement with Mauritius could help support the viability
of the EU tuna industry in the Indian Ocean.

-        The Protocol is deemed to be capable
of contributing to the viability of European industries by offering European
Union vessels and the industries which depend on them a stable legal
environment and medium-term visibility.

As regards the interests of Mauritius in the
context of the Protocol, the conclusions of the evaluation were:

–
The Fisheries Agreement can help strengthen
institutional capacities in the fisheries sector by improving research, and
monitoring, control and surveillance (MCS) activities, as well as training and
the viability of the small-scale fishing sector.

–
The Fisheries Agreement will also have an impact
on the country’s budgetary and political stability.

In addition to the direct commercial value of
the catches for the vessels involved, the agreement could yield the following
manifest benefits:

-        guaranteed jobs on board fishing
vessels;

-        multiplier effect on employment in
ports, shipyards, service enterprises, etc.;

-        location of these jobs in regions
where there are no other employment possibilities;

-        contribution to the supply of fish in
the EU.

1.5.4.     Coherence and possible
synergy with other relevant financial instruments

Funds paid out under fisheries partnership
agreements constitute fungible revenue in the budgets of the third-country
partners. However, allocating some of those funds for implementing measures as
part of the country’s sectoral policy is a condition for the conclusion and
monitoring of FPAs. These financial resources are compatible with other sources
of funding from other international donors, including the EDF funds.

1.6.        Duration and financial
impact

X       Proposal/initiative of limited duration

X       Proposal/initiative in force for a
period of three years from the date of its entry into force (most probably
2012-2015)X            Financial impact from 2012 to 2015

 ̈ Proposal/initiative of unlimited duration

–
Implementation with a start-up period from
[YYYY] to [YYYY],

–
followed by full-scale operation.

1.7.        Management mode(s)
envisaged[11]

X Centralised direct management by the
Commission

 ̈ Centralised indirect management with the delegation of
implementation tasks to:

–
 ̈  executive agencies

–
 ̈  bodies set up by the Communities[12]

–
 ̈  national public-sector bodies/bodies with a public-service mission

–
 ̈  persons entrusted with the implementation of specific actions
pursuant to Title V of the Treaty on European Union and identified in the
relevant basic act within the meaning of Article 49 of the Financial Regulation

 ̈ Shared management with the Member States

 ̈ Decentralised management with third countries

 ̈ Joint management with international organisations (to be specified)

If more than one management mode is indicated,
please provide details in the ‘Comments’ section.

Comments

[...]

2.           MANAGEMENT MEASURES

2.1.        Monitoring and reporting
rules

Specify frequency and conditions.

The Commission (DG MARE, in collaboration with
its fisheries counsellor in Mauritius and the European Union’s Delegation to
Mauritius) will ensure regular monitoring of the implementation of this
Protocol, particularly as regards operators’ use of fishing opportunities and
in terms of catch data.

Furthermore, the Fisheries Partnership
Agreement provides for at least one annual meeting of the Joint Committee, at
which the Commission and the Member States concerned meet with the third
country to review the implementation of the Agreement and the Protocol thereto.

As regards the implementation of sectoral
support, the Protocol stipulates that, each year, the two Parties must evaluate
the progress made in implementing the multiannual sectoral programme. The
Protocol provides for a possible adjustment of the financial contribution
allocated to sectoral support if this evaluation reveals that the financed
objectives are not being satisfactorily achieved.

2.2.        Management and control
system

2.2.1.     Risk(s) identified

There is some risk in setting up a fisheries
protocol, for example: the amounts intended to finance the sectoral fisheries
policy might not be allocated as agreed (under-programming).

2.2.2.     Control method(s) envisaged

To avoid the risks mentioned in the previous
point, extensive dialogue is planned on the programming and implementation of
the sectoral policy. Joint analysis of progress, as referred to in paragraph 2.1,
also forms part of these control methods.

In addition, the Protocol contains specific
clauses for its suspension, on certain conditions and in given circumstances.

2.3.        Measures to prevent fraud
and irregularities

Specify existing or envisaged prevention and
protection measures.

The use to which the financial contribution
paid by the EU under the Agreement is put is entirely at the discretion of the
sovereign third country concerned. Nevertheless, the Commission undertakes to
try to establish permanent political dialogue and cooperation with a view to
improving the management of the Agreement and strengthening the EU’s
contribution to the sustainable management of resources. In any case, any
payment which the Commission makes under a fisheries agreement is subject to
the Commission's standard rules and budgetary and financial procedures. This
makes it possible, in particular, to fully identify the bank accounts of the
third countries into which the financial contribution is paid. For this
particular Protocol, Article 2 stipulates that the entire financial
contribution must be paid into a Public Treasury account opened with a
financial institution specified by the Mauritian authorities.

3.           ESTIMATED FINANCIAL IMPACT OF THE
PROPOSAL/INITIATIVE

3.1.        Heading(s) of the
multiannual financial framework and expenditure budget line(s) affected

· Existing expenditure budget lines

In order of multiannual financial framework
headings and budget lines.

Heading of multiannual financial framework || Budget line: || Type of expenditure || Contribution

Number [Description......] || DA/NDA[13] || from EFTA countries[14] || from candidate countries[15] || from third countries || within the meaning of Article 18(1)(aa) of the Financial Regulation

2 || 11.0301 International fisheries agreements 11.010404 International fisheries agreements – administrative expenditure || DA NDA || NO || NO || NO || NO

· New budget lines requested

(not applicable)

3.2.        Estimated impact on
expenditure

3.2.1.     Summary of estimated impact
on expenditure

EUR million (to four decimal places)

Heading of multiannual financial framework: || 2 || Preservation and management of natural resources

DG: MARE || || || Year N[16] (2012) || Year N+1 (2013) || Year N+2 (2014) || TOTAL

Ÿ Operational appropriations || || || ||

Number of budget line: 11.0301 || Commitments || (1) || 0.660 || 0.660 || 0.660 || 1.980

Payments || (2) || 0.660 || 0.660 || 0.660 || 1.980

Number of budget line: || Commitments || (1a) || || || ||

Payments || (2a) || || || ||

Ÿ Appropriations of an administrative nature financed  from the envelope of specific programmes[17] || || || ||

Number of budget line: 11.010404 || || (3) || 0.021 || 0.021 || 0.081 || 0.123

Ÿ TOTAL operational appropriations[18] || Commitments || (4) || 0.660 || 0.660 || 0.660 || 1.980

Payments || (5) || 0.660 || 0.660 || 0.660 || 1.980

Ÿ TOTAL appropriations of an administrative nature financed  from the envelope of specific programmes || (6) || 0.021 || 0.021 || 0.081 || 0.123

TOTAL appropriations under HEADING 2 of the multiannual financial framework || Commitments || =4+ 6 || 0.681 || 0.681 || 0.741 || 2.103

Payments || =5+ 6 || 0.681 || 0.681 || 0.741 || 2.103

If more than one heading is affected by the
proposal/initiative: (not applicable)

Heading of multiannual financial framework: || 5 || ‘Administrative expenditure’

EUR million (to three decimal places)

|| || || Year N (2012) || Year N+1 (2013) || Year N+2 (2014) || TOTAL

DG: MARE ||

Ÿ Human resources || 0.064 || 0.064 || 0.064 || 0.192

Ÿ Other administrative expenditure[19] || 0.010 || 0.010 || 0.010 || 0.030

TOTAL DG MARE || Appropriations || 0.074 || 0.074 || 0.074 || 0.222

TOTAL appropriations under HEADING 5 of the multiannual financial framework || (Total commitments = Total payments) || 0.074 || 0.074 || 0.074 || 0.222

EUR million (to
three decimal places)

|| || || Year N[20] || Year N+1 || Year N+2 || TOTAL

TOTAL appropriations under HEADINGS 1 to 5 of the multiannual financial framework || Commitments || 0.755 || 0.755 || 0.815 || 2.325

Payments || 0.755 || 0.755 || 0.815 || 2.325

3.2.2.     Estimated impact on
operational appropriations

–
 ̈  The proposal/initiative does not require the use of operational
appropriations

–
X  The proposal/initiative requires the use of
operational appropriations, as explained below:

Commitment appropriations in EUR million
(to four decimal places)

Indicate objectives and outputs ò || || || Year N (2012) || Year N+1 (2013) || Year N+2 (2014) || Year N+3 || ... insert as many columns as necessary in order to reflect the duration of the impact (see point 1.6) || TOTAL

OUTPUTS

Type of output[21] || Average cost of the output || Number of outputs || Total cost || Number of outputs || Total cost || Number of outputs || Total cost || Number of outputs || Total cost || Number of outputs || Total cost || Number of outputs || Total cost || Number of outputs || Total cost || Number of outputs Total Number of outputs || Total cost

SPECIFIC OBJECTIVE NO 1[22] || || || || || || || || || || || || || || || ||

Tuna catches || Ref tonnage || 65 €/t || 5 500 t || 0.3575 || 5 500 t || 0.3575 || 5 500 t || 0.3575 || || || || || || || || || 16 500 t || 1.0725

Sectoral support || || 0.3025 || 1 || 0.3025 || 1 || 0.3025 || 1 || 0.3025 || || || || || || || || || || 0.9075

|| || || || || || || || || || || || || || || || || ||

Sub-total for specific objective No 1 || || 0.660 || || 0.660 || || 0.660 || || || || || || || || || || 1.980

SPECIFIC OBJECTIVE NO 2 ... || || || || || || || || || || || || || || || ||

Output || || || || || || || || || || || || || || || || || ||

Sub-total for specific objective No 2 || || || || || || || || || || || || || || || ||

TOTAL COST || || 0.660 || || 0.660 || || 0.660 || || || || || || || || || || 1.980

3.2.3.     Estimated impact on
appropriations of an administrative nature

3.2.3.1.  Summary

–
 ̈  The proposal/initiative does not require the use of administrative
appropriations

–
X The proposal/initiative requires the use of
administrative appropriations, as explained below:

EUR million (to three decimal places)

|| Year N[23] (2012) || Year N+1 (2013) || Year N+2 (2014) || TOTAL

HEADING 5 of the multiannual financial framework || || || ||

Human resources || 0.064 || 0.064 || 0.064 || 0.192

Other administrative expenditure[24] || 0.010 || 0.010 || 0.010 || 0.030

Subtotal HEADING 5 of the multiannual financial framework || 0.074 || 0.074 || 0.074 || 0.222

Outside HEADING 5 of the multiannual financial framework[25] || || || ||

Human resources || 0.016 || 0.016 || 0.016 || 0.048

Other expenditure of an administrative nature[26] || 0.005 || 0.005 || 0.065 || 0.075

Subtotal outside HEADING 5 of the multiannual financial framework || 0.021 || 0.021 || 0.081 || 0.123

TOTAL || 0.095 || 0.095 || 0.155 || 0.345

3.2.3.2.  Estimated requirements of
human resources

–
 ̈  The proposal/initiative does not require the use of human
resources

–
X  The proposal/initiative requires the use of
human resources, as explained below:

Estimate to be expressed in full amounts (or at most to
one decimal place)

|| Year N (2012) || Year N+1 (2013) || Year N+2 (2014) || Year N+3 (2015) || Enter as many years as necessary to show the duration of the impact (see point 1.6)

Ÿ Establishment plan posts (officials and temporary agents)

XX 01 01 01 (Headquarters and Commission’s Representation Offices) || 0.051 || 0.051 || 0.051 || ||

XX 01 01 02 (Delegations) || || || || ||

XX 01 05 01 (Indirect research) || 0 || 0 || 0 || 0 ||

10 01 05 01 (Direct research) || 0 || 0 || 0 || 0 ||

Ÿ External personnel (in full-time equivalent – FTE)[27]

XX 01 02 01 (CA, INT, SNE from the ‘global envelope’) || 0 || 0 || 0 || 0 ||

XX 01 02 02 (CA, INT, JED, LA and SNE in the delegations) || 0.013 || 0.013 || 0.013 || ||

XX 01 04 yy[28] || at Headquarters[29] || || || || ||

- in delegations

XX 01 05 02 (CA, INT, SNE - Indirect research) || || || || ||

10 01 05 02 (CA, INT, SNE - Direct research)

11 01 04 04 (CA, responsible for monitoring implementation of sectoral support) || 0.016 || 0.016 || 0.016 || ||

TOTAL || 0.080 || 0.080 || 0.080 || ||

XX is the policy area or budget title
concerned.

The human resources
required will be met by staff from the DG who are already assigned to
management of the action and/or have been redeployed within the DG, together if
necessary with any additional allocation which may be granted to the managing
DG under the annual allocation procedure and in the light of budgetary
constraints.

Human resources estimate:

Officials and temporary agents || 1 desk officer from DG MARE + HoU/deputy HoU + secretariat: overall estimate of 0.4 people/year Calculation of costs: 0.4 people/year x EUR 127 000/year = EUR 50 800 => 0.051 M EUR

External personnel || 1 LA at a delegation (Mauritius), with responsibility for monitoring fishing authorisations submitted to/issued by the Mauritian authorities: overall estimate of 0.2 people/year Calculation of costs: 0.2 people/year x EUR 64 000/year = EUR 12 800 => 0.013 M EUR

Non-Heading 5 staff || 1 CA fisheries attaché assigned to the Mauritius Delegation responsible for monitoring implementation of the sectoral support estimated overall at 0.25 people/year Calculation of costs: 0.25 people/year x EUR 64 000/year = EUR 16 000 => 0.016 M EUR

Calculation of total human resources per
year: EUR 50 800 + EUR 12 800 + EUR 16 000 =
EUR 79 600 => EUR 0.0796 million

Description of tasks to be carried out:

-        Assisting the negotiator with
preparing and concluding the negotiation of fisheries agreements:

-        taking part in negotiations with
third countries to conclude fisheries agreements;

-        preparing draft evaluation reports
and negotiation strategy notes for the Commissioner;

-        presenting and defending the
Commission’s position in the Council’s ‘External Fisheries’ Working Party;

-        taking part in the search for a compromise
with the Member States to be included in the final text of the Agreement.

-        Monitoring the implementation of
agreements:

-        daily monitoring of fisheries
agreements;

-        preparing and checking the commitment
and payment of the financial contribution and of any specific supplementary
contributions;

-        regular reporting on the
implementation of agreements;

-        evaluating agreements: scientific and
technical aspects;

-        preparing the draft proposal for a
Council Regulation and Decision and drafting the text of the Agreement;

-        launching and monitoring adoption
procedures.

-        Technical assistance:

-        preparing the Commission’s position
for the Joint Committee.

-        Interinstitutional relations:

-        representing the Commission before
the Council, the European Parliament and the Member States in the negotiation
process;

-        drafting replies to oral and written
questions from the European Parliament.

-        Interdepartmental consultation and
coordination:

-        liaising with other
Directorates-General on matters relating to the negotiation and monitoring of
agreements;

-        organising and responding to
interdepartmental consultations.

-        Evaluation:

-        taking part in updating the impact
assessment;

-        analysing the objectives achieved and
evaluation indicators.

3.2.4.     Compatibility with the
current multiannual financial framework

–
x   Proposal/initiatives compatible with the
current multiannual financial framework.

–
 ̈  Proposal/initiative will entail reprogramming of the relevant
heading in the multiannual financial framework.

Explain what reprogramming is required,
specifying the budget lines concerned and the corresponding amounts.

[...]

–
 ̈  Proposal/initiative requires application of the flexibility
instrument or revision of the multiannual financial framework[30].

Explain what is required, specifying the
headings and budget lines concerned and the corresponding amounts.

[...]

3.2.5.     Third-party contributions

–
X The proposal/initiative does not provide for
co-financing by third parties

3.3.        Estimated impact on
revenue

–
X  Proposal/initiative has no financial impact
on revenue.

–
 ̈  Proposal/initiative has the following financial impact:

 ̈         on own resources

 ̈         on miscellaneous revenue

[1]               Council Decision no 15921/2011 of 23.01.2012.

[2]               OJ C ...,..., p. .....

[3]               OJ C ..., ..., p. ....

[4]               The text of the Protocol has been published in OJ ...**
together with the decision on signature.

**           OJ: Please insert the
reference to OJ for doc st ...../10.

[5]               The text of the Protocol has been published in OJ ...**
together with the decision on signature.

**           OJ: Please insert the
reference to OJ for doc st ...../10.

[6]               The date of entry into force of the Agreement will be
published in the Official Journal of the European Union by the General
Secretariat of the Council.

[7]               ABM: Activity Based Management – ABB: Activity Based
Budgeting.

[8]               As referred to in Article 49(6)(a) or (b) of the
Financial Regulation.

[9]               p.m.: In the activity statements drawn up for the 2011
budget, this is specific objective No 2; Please refer to: http://www.cc.cec/budg/bud/proc/adopt/_doc/_pdf/2011/mare.pdf

[10]             Advances and fees payable by ship-owners have no impact
on the Union budget.

[11]             Details of management modes and references to the
Financial Regulation may be found on the BudgWeb site: http://www.cc.cec/budg/man/budgmanag/budgmanag_en.html

[12]             As referred to in Article 185 of the Financial
Regulation.

[13]             DA= Differentiated appropriations / NDA=
Non-differentiated appropriations.

[14]             EFTA: European Free Trade Association.

[15]             Candidate countries and, where applicable, potential
candidate countries from the Western Balkans.

[16]             Year N is the year in which implementation of the
proposal/initiative starts.

[17]             Technical and/or administrative assistance and
expenditure in support of the implementation of EU programmes and/or actions
(former ‘BA’ lines), indirect research, direct research.

[18]             The financial contribution comprises: a) EUR 357
500 per year, equivalent to an annual reference tonnage of 5 500 tonnes,
and b) EUR 302 500 per year, corresponding to support for the development
of the sectoral fisheries policy of the Republic of Mauritius. Where the annual
quantity caught exceeds 5 500 tonnes, the amount of the annual financial
contribution will be increased by EUR 65 for each additional tonne caught.
However, the total annual amount paid by the EU may not exceed EUR 715 000
per year (see Article 2(4) of the Protocol).

[19]             Estimated costs for on-the-spot monitoring missions.

[20]             Year N is the year in which implementation of the
proposal/initiative starts.

[21]             Outputs are products and services to be supplied (e.g.
number of student exchanges financed, number of km of roads built, etc.).

[22]             As described in Section 1.4.2. ‘Specific objective(s)’

[23]             Year N is the year in which implementation of the
proposal/initiative starts.

[24]             Estimated costs for on-the-spot monitoring missions by
personnel of headquarters.

[25]             Technical and/or administrative assistance and
expenditure in support of the implementation of EU programmes and/or actions
(former ‘BA’ lines), indirect research, direct research.

[26]             Estimated costs for on-the-spot monitoring missions by
personnel in delegation. The 2014 amount includes a provision for an ex-post
evaluation of the Protocol.

[27]             CA= Contract Agent; INT= agency staff (‘Intérimaire’);
JED= ‘Jeune Expert en Délégation’ (Young Experts in Delegations); LA= Local
Agent; SNE= Seconded National Expert.

[28]             Sub-ceiling for external staff under operational
appropriations (former ‘BA’ lines).

[29]             For Structural Funds, European Agricultural Fund for
Rural Development (EAFRD) and European Fisheries Fund (EFF).

[30]             See points 19 and 24 of the Interinstitutional
Agreement.