**Important legal notice**

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# 52005PC0584

**Proposal for a Council Decision on the signature, on behalf of the European Community, and the provisional application of the Agreement in the form of an Exchange of Letters concerning the amendments to the Protocol setting out the fishing opportunities and the financial contribution provided for in the Agreement on cooperation in the sea fisheries sector between the European Community and the Islamic Republic of Mauritania for the period 1 August 2001 to 31 July 2006  /* COM/2005/0584 final */****

[pic] | COMMISSION OF THE EUROPEAN COMMUNITIES |

Brussels, 23.11.2005

COM(2005) 584 final

Proposal for a

COUNCIL DECISION

on the signature, on behalf of the European Community, and the provisional application of the Agreement in the form of an Exchange of Letters concerning the amendments to the Protocol setting out the fishing opportunities and the financial contribution provided for in the Agreement on cooperation in the sea fisheries sector between the European Community and the Islamic Republic of Mauritania for the period 1 August 2001 to 31 July 2006

(presented by the Commission)

EXPLANATORY MEMORANDUM

The purpose of this proposal is to amend the existing Protocol to the Agreement on cooperation in the sea fisheries sector between the European Community and the Islamic Republic of Mauritania.

On the basis of the conclusions of the technical working group comprising representatives of the Mauritanian administration and the European Commission, which held technical meetings from 30 June to 2 July and on 14 and 15 July in Nouakchott and from 7 to 10 September 2004 in Brussels, and in the light of the scientific opinions available, the two parties reached the conclusion at the Joint Committee meeting held on 10 September 2004 in Brussels that a number of measures should be taken concerning the management of the fishing effort in Mauritania's exclusive economic zone (EEZ).

The Agreement on the amendments to the existing Protocol has been formalised by an Exchange of Letters.

The measures in question are aimed, on the one hand, at reducing the catch rate for cephalopods by decreasing the fishing effort and, on the other, by increasing the number of licences in the pelagic and tuna categories. In order to help integrate fleets flying the flags of the new Member States and guarantee continued access for Community fishing vessels traditionally operating under the above-mentioned Agreement, licences for the pelagic category will be awarded on the basis of the licence applications received from all Member States, taking into account the fishing activities traditionally carried on under this Agreement. If need be, the Commission will make a proposal on the allocation of licences for the pelagic category among the Member States.

The suspension of five cephalopod licences, which was the subject of a consultation with the Member States as far back as March 2004, has now been compensated for under this reorganisation through the issue of these new pelagic licences, thus guaranteeing sound and healthy financial management by allowing fishing opportunities to be adjusted in accordance with resources and sectoral demands. The new balance achieved through this reorganisation was established on the basis of the results of the 2001 negotiations on the existing Protocol and constitutes a very satisfactory outcome for the EC in cost-benefit terms.

On this basis, the Commission proposes that the Council adopt by Decision the provisional application of the Agreement in the form of an Exchange of Letters pending its definitive entry into force.

A proposal for a Council Regulation on the conclusion of the Agreement in the form of an Exchange of Letters on the amendments to the Protocol is the subject of a separate procedure.

Proposal for a

COUNCIL DECISION

on the signature, on behalf of the European Community, and the provisional application of the Agreement in the form of an Exchange of Letters concerning the amendments to the Protocol setting out the fishing opportunities and the financial contribution provided for in the Agreement on cooperation in the sea fisheries sector between the European Community and the Islamic Republic of Mauritania for the period 1 August 2001 to 31 July 2006

THE COUNCIL OF THE EUROPEAN UNION,

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

Having regard to the proposal from the Commission[1],

Whereas:

(1) The Protocol setting out the fishing opportunities and the financial contribution provided for in the Agreement on cooperation in the sea fisheries sector between the European Community and the Islamic Republic of Mauritania came into effect on 1 August 2001 and is valid until 31 July 2006[2].

(2) In view of the scientific opinions on the state of resources in the Mauritanian EEZ and, in particular, the results of the fourth and fifth working groups of the Mauritanian Institute of Oceanographic Research and Fisheries (IMROP) and of the joint scientific working group, and in the light of the conclusions drawn from those results at the meeting of the Joint Committee held on 10 September and 15 and 16 December 2004, the two parties have decided to amend the existing fishing opportunities.

(3) The outcome of those amendments has been the subject of an Exchange of Letters and involves a temporary reduction in the fishing effort for cephalopods (category 5), the fixing of a second closed period of one month for demersal fishing, and an increase in the number of pole-and-line tuna vessels and surface longliners (category 8) and pelagic freezer trawlers (category 9).

(4) So that those amendments to fishing opportunities can apply as soon as possible, the Agreement should, therefore, be signed in the form of an Exchange of Letters, subject to its definitive conclusion by the Council.

(5) The allocation of the new fishing opportunities among the Member States, as thus amended, should be confirmed,

HAS DECIDED AS FOLLOWS:

Article 1

The signature of the Agreement in the form of an Exchange of Letters amending the Protocol setting out the fishing opportunities and the financial contribution provided for in the Agreement on cooperation in the sea fisheries sector between the European Community and the Islamic Republic of Mauritania for the period 1 August 2001 to 31 July 2006 is hereby approved by the Council on behalf of the Community.

The text of the Agreement in the form of an exchange of letters is attached to this Decision.

Article 2

The President of the Council is hereby authorised to designate the persons empowered to sign the Agreement in the form of an exchange of letters on behalf of the Community subject to its conclusion.

Article 3

The Agreement in the form of an Exchange of Letters shall be applied on a provisional basis by the Community as from 1 January 2005.

Article 4

Following the amendments set out in the Exchange of Letters, the new fishing opportunities for the "pole-and-line tuna vessel and surface longliner" category (Datasheet No 8 of the Protocol) and for the "pelagic freezer trawler" category (Datasheet No 9) shall be allocated among the Member States as follows:

Fishing category | Member State | Tonnage/Number of vessels which may be used |

Pole-and-line tuna vessels Surface longliners (vessels) | Spain Portugal France | 20 + 3= 23 3 + 0= 3 8 + 1= 9 |

Pelagic species (vessels) | 15+10= 25 |

The temporary suspension of five (5) fishing licences for the cephalopod fishing category shall take effect as from 1 January 2005. The future reactivation of those five (5) licences shall be decided by common accord in a Joint Committee meeting held between the Commission and the Mauritanian authorities on the basis of the state of resources.

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

Done at Brussels,

For the Council

The President

AGREEMENT IN THE FORM OF AN EXCHANGE OF LETTERS

concerning the provisional application of the Protocol amending the Protocol setting out the fishing opportunities and the financial contribution provided for in the Agreement on cooperation in the sea fisheries sector between the European Community and the Islamic Republic of Mauritania for the period 1 August 2001 to 31 July 2006

A. Letter from the Government of the Islamic Republic of Mauritania

Sir,

With reference to the Protocol, initialled on 31 July 2001, setting out the fishing opportunities and the financial contribution provided for in the Agreement on cooperation in the sea fisheries sector between the European Community and the Islamic Republic of Mauritania for the period 1 August 2001 to 31 July 2006 and the outcome of the Joint Committee meetings held on 10 September 2004 and 15 and 16 December 2004, I have the honour to inform you that the Government of the Islamic Republic of Mauritania is prepared to apply, in accordance with scientific opinion, a temporary reduction in the fishing effort for the cephalopod fishing category, as specified in Datasheet No 5 of this Protocol, by temporarily decreasing by five licences the fishing opportunities offered by the Protocol. The future reactivation of those five licences shall be decided by common accord on the basis of the state of resources. The Government of the Islamlic Republic of Mauritania shall also decide on a second closed period of one month for demersal fishing on a non-discriminatory basis. The Government of the Islamic Republic of Mauritania also undertakes to apply the amendments to the Protocol concerning the fishing opportunities laid down in Fishing Datasheet No 8 for the pole-and-line tuna vessel and surface longliner fishing category by raising the number of vessels in this category from 31 to 35, and those laid down in Fishing Datasheet No 9 for the pelagic freezer trawler fishing category by raising the number of vessels in this category from 15 to 25, on a provisional basis with effect from 1 January 2005, pending its entry into force, provided that the European Community is prepared to do the same.

I should be obliged if you would confirm the European Community's agreement to such provisional application.

Please accept, Sir, the assurance of my highest consideration.

For the Government of the Islamic Republic of Mauritania

B. Letter from the European Community

Sir,

I have the honour to acknowledge receipt of your letter of today's date, worded as follows:

"Sir,

With reference to the Protocol, initialled on 31 July 2001, setting out the fishing opportunities and the financial contribution provided for in the Agreement on cooperation in the sea fisheries sector between the European Community and the Islamic Republic of Mauritania for the period 1 August 2001 to 31 July 2006 and the outcome of the Joint Committee meetings held on 10 September 2004 and 15 and 16 December 2004, I have the honour to inform you that the Government of the Islamic Republic of Mauritania is prepared to apply, in accordance with scientific opinion, a temporary reduction in the fishing effort for the cephalopod fishing category, as specified in Datasheet No 5 of this Protocol, by temporarily decreasing by five licences the fishing opportunities offered by the Protocol. The future reactivation of those five licences shall be decided by common accord on the basis of the state of resources. The Government of the Islamlic Republic of Mauritania shall also decide on a second closed period of one month for demersal fishing on a non-discriminatory basis. The Government of the Islamic Republic of Mauritania also undertakes to apply the amendments to the Protocol concerning the fishing opportunities laid down in Fishing Datasheet No 8 for the pole-and-line tuna vessel and surface longliner fishing category by raising the number of vessels in this category from 31 to 35, and those laid down in Fishing Datasheet No 9 for the pelagic freezer trawler fishing category by raising the number of vessels in this category from 15 to 25, on a provisional basis with effect from 1 January 2005, pending its entry into force, provided that the European Community is prepared to do the same.

I should be obliged if you would confirm the European Community's agreement to such provisional application."

I have the honour to confirm the European Community's agreement to such provisional application.

Please accept, Sir, the assurance of my highest consideration.

On behalf of the European Community

[1] OJ C [...], [...] , p. [...] .

[2] OJ L 341, 22.12.2001.