02015A1201(01) — EN — 16.11.2019 — 002.001

This text is meant purely as a documentation tool and has no legal effect. The Union's institutions do not assume any liability for its contents. The authentic versions of the relevant acts, including their preambles, are those published in the Official Journal of the European Union and available in EUR-Lex. Those official texts are directly accessible through the links embedded in this document

Amended by:





Corrected by:









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PROTOCOL

setting out the fishing opportunities and financial contribution provided for in the Fisheries Partnership Agreement between the European Community and the Islamic Republic of Mauritania for a period of four years







Article 1

Period of application and fishing opportunities

1. From the date of provisional application of this Protocol and for a period of four (4) years, the fishing opportunities granted under Articles 5 and 6 of the Agreement shall be as laid down in the table attached to this Protocol and in keeping with the conditions stipulated in the datasheets contained in Annex 1 to this Protocol.

2. Access to fishery resources in Mauritanian fishing zones shall be granted to foreign fleets to the extent that there is a surplus within the meaning of Article 62 of the United Nations Convention on the Law of the Sea ( 1 ) and having taken into account the operating capacity of the national Mauritanian fleets.

3. In accordance with Mauritanian law, the objectives to be achieved in terms of management and sustainable development and total allowable catches shall be set by the Mauritanian Government for each fishery, following the advice of the body responsible for oceanographic research in Mauritania and the competent Regional Fisheries Organisations.

4. This Protocol grants European Union fleets priority access to available surpluses in the Mauritanian fishing zone. The fishing opportunities allocated to European Union fleets, as set out in Annex 1 to the Protocol, shall come from the available surpluses and shall have priority over fishing opportunities allocated to other foreign fleets authorised to fish in the Mauritanian fishing zone.

5. All technical measures regarding the conservation, development and management of resources, as well as the financial arrangements, fees, public financial contribution and other rights also included relating to the issuing of fishing authorisations as specified for each fishery in Annex 1 to this Protocol, shall apply to all foreign industrial fleets operating in the Mauritanian fishing zones under technical conditions similar to those applicable to the European Union fleets.

6. Mauritania undertakes to make public any public or private agreement granting access to its EEZ by foreign vessels, including: — countries or other entities participating in the agreement; — the period(s) covered by the agreement; — the number of vessels and types of gears authorised; — the species or stocks authorised for fishing, including any catch limit applicable; — the measures concerning reporting, monitoring, inspection and surveillance which are required; — a copy of the written agreement.

7. For the purposes of the implementation of paragraphs 4 and 5 above, Mauritania shall each year provide the European Union with a detailed report indicating the number of fishing authorisations for each fishing category granted to fishing vessels flying the flag of other third countries, the corresponding volumes of catches authorised, actual catch numbers and the financial and technical arrangements for providing such vessels with access to Mauritania's fishing zone. This report is to be examined by the Joint Committee and may be made available to the Independent Joint Scientific Committee referred to in Article 4.

8. Under Article 6 of the Agreement, vessels flying the flag of a Member State of the European Union may fish in Mauritania's fishing zone only if they are in possession of a fishing authorisation issued under this Protocol and in accordance with Annex 1 hereto.

9. The two Parties shall comply with the recommendations and resolutions issued by the International Commission for the Conservation of Atlantic Tunas (ICCAT) and consult each other ahead of the annual meetings of that organisation.

Article 2

Financial contribution regarding access

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1. The annual financial contribution for the access by European Union vessels to the Mauritanian fishing zone referred to in Article 7 of the Agreement is set at EUR fifty-seven million, five-hundred thousand (57 500 000 ). This paragraph shall apply subject to Articles 5 to 10 and Article 16 of this Protocol.

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2. Payment by the European Union of the financial contribution referred to in paragraph 1 regarding access by European Union vessels to the Mauritanian fishing zone shall take place no later than three (3) months after the date of provisional application in the first year and in the following years no later than the anniversary date of the provisional application of the Protocol. European Union vessels may only begin fishing activities in the Mauritanian fishing zone from the date of provisional application.

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3. The total allowable catches (categories 1, 2, 2a, 3, 6, 7 and 8) and the reference tonnages (categories 4 and 5) are set out in the datasheets contained in Annex 1 to this Protocol. They are established on the basis of the calendar year (1 January-31 December of the year concerned). If the first and the last period of the application of the Protocol do not correspond to a calendar year, the total allowable catches shall be fixed pro rata temporis and taking account, for each fishing category, of trends in terms of the distribution of catches throughout the year.

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4. With the exception of categories 4 and 5 (reference tonnage) and specific provisions applicable to the total allowable catch in category 6, the total catches made by European Union fishing vessels in Mauritania's fishing zone may not exceed the total allowable catches. If the total allowable catches are exceeded, the rules relating to the deduction of quotas applicable in accordance with European Union rules shall be applied

5. In accordance with paragraph 3, Mauritania and the European Union shall jointly monitor the activity of Union fishing vessels in the Mauritanian fishing zone in order to ensure that the total allowable catches mentioned above are appropriately managed. In the course of this monitoring, Mauritania and the European Union shall inform each other as soon as the Union vessels operating in the Mauritanian fishing zone have caught 80 % of the total allowable catch for the corresponding fishing category. The European Union shall accordingly inform Member States thereof.

6. Once catch levels have reached 80 % of the relevant total allowable catch, Mauritania and the European Union shall monitor catches made by Union fishing vessels on a monthly basis. This monitoring shall be carried out on a daily basis once the Electronic Reporting System (ERS) described in chapter IV, paragraph 4, of Annex 1 to this Protocol is in operation. Mauritania and the European Union shall inform each other as soon as the relevant total allowable catch has been reached. The European Union shall accordingly inform the Member States thereof in order to ensure that fishing activity is discontinued.

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7. For fishing categories 4 and 5, if catches made by tuna vessels from the European Union in the Mauritanian fishing zone exceed the reference tonnage stipulated for each of these categories, the financial contribution of EUR fifty-seven million, five-hundred thousand (57 500 000 ) shall be increased, for each additional tonne caught, by the amount of the fee stated in the relevant datasheets for the year in question. However, the amount paid by the European Union in respect of the overrun must not exceed an amount equivalent to twice the corresponding reference tonnage. If the quantities of catches made by European Union vessels are more than twice the corresponding reference tonnage, the amount due in respect of the quantity exceeding that limit shall be paid the following year.

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8. The financial contribution referred to in paragraph 1 of this article shall be paid to an account held by the Public Treasury with the Central Bank of Mauritania. The Mauritanian authorities shall notify the European Union of the details of that account on an annual basis, within six (6) months prior to the date on which payment is due.

Article 3

Financial support for promoting sustainable fishing

1. Subject-matter, amount and arrangements

1.1. In order to strengthen the strategic partnership between both parties, and in addition to the financial contribution referred to Article 2(1) above, provision is made for financial support to help promote sustainable fisheries in the sum of a total of sixteen million five hundred thousand (16,5) euro for the period of the Protocol.

1.2. The financial support referred to in paragraph 1.1 above is intended to help develop sustainable fishing in Mauritania, regardless of the arrangements for access by European Union vessels to the Mauritanian fishing zone, and also to contribute to the implementation of sectoral national strategies as regards sustainable development of the fishing sector and the protection of protected marine and coastal areas, in conjunction with the poverty reduction strategy in force.

1.3. The financial support referred to in paragraph 1 above shall be paid by the European Union in tranches. The decision to disburse tranches shall be made as the objectives jointly established and assessed by the Joint Committee in accordance with Article 7(2) and Article 10(1)(b) of the Agreement are met. The practical implementing arrangements shall be defined in accordance with paragraphs 2 and 3 of this Article and also in Annex 2 to this Protocol. If appropriate, these practical arrangements may be laid down in more detail or reviewed by the Joint Committee.

1.4. The financial support referred to in paragraph 1.1 above is intended for specific projects and measures which have been jointly identified. It cannot be used to cover the operating expenses of beneficiaries, with the exception of the allocations referred to in paragraph 2.2 on the functioning of the implementation unit and in paragraph 2.3 on external audits.

2. Conditions for implementation

2.1. The sectoral support is implemented by an implementation unit which is responsible for implementing the decisions of the Joint Committee. The implementation unit is appointed by the minister responsible for fisheries and works under the minister's authority.

2.2. The implementation unit referred to in paragraph 2.1 above is financed by a specific budget for sectoral aid, the annual amount for which shall be established by the Joint Committee. Without prejudice to the provisions of Articles 8, 9 and 10 of this Protocol, this allocation shall be transferred by the European Union each year to ensure that the implementation unit can operate on a continuous basis for a specific period of time separately from the rest of the sectoral support, the transfer of which remains subject to the provisions of this article and Article 2.

2.3. The composition of the implementation unit and the rules governing its operation shall be approved by the Joint Committee. The Joint Committee shall ensure that the implementation of the sectoral support complies with standards compatible with the European Union's financial management rules, particularly as regards the granting of public procurement and subsidies. The implementation unit's work shall be the subject of an annual external audit financed by the sectoral support.

2.4. The implementation unit is to identify the projects and measures which may be funded by the sectoral support and the structures which may be used for carrying these projects out. In accordance with paragraph 4 of Annex 2, the unit shall prepare a multi-annual programme for sectoral aid which shall be subject to the approval of the Joint Committee. This multiannual programme is to be broken down into annual programmes which will include detailed projects and measures which must be submitted to the minister and then approved by the Joint Committee before the Mauritanian authorities are sent the tranches of the relevant sectoral support, subject to the limits available under this support.

2.5. The implementation unit is responsible for coordinating implementation in conjunction with the beneficiaries, irrespective of their supervising authority, and monitors that the measures and projects have been implemented. All measures taken by the implementation unit which have a financial implication must be agreed by the minister beforehand, after hearing the opinion of the European Union's representative and, if appropriate, the relevant supervisory body. In the absence of agreement, the implementation unit will be asked to amend its proposed decision before re-submitting it for the minister's approval.

2.6. The implementation unit shall send the minister calls for tender, the minutes of the meetings of the selection boards and signed contracts relating to projects financed under this support no more than 48 hours after they have been published and signed.

2.7. While a project is being carried out, any changes to the measures financed, guidelines, objectives, criteria and evaluation indicators may be initiated by the minister and must be approved by both parties within the Joint Committee. This approval is an essential condition for the transfer by the European Union of the tranche following the modification.

2.8. The implementation unit, in agreement with the minister, may ask the technical and financial partners for a technical or financial contribution to the implementation of projects prior to approval by the Joint Committee. One or several technical and financial partners may also be delegated responsibility for the performance of projects by the Joint Committee in accordance with jointly established rules.

3. Supervision and visibility

3.1. Monthly meetings to monitor the implementation of the sectoral support shall be organised between the implementation unit, the minister's representative and the representative of the European Union. This meeting shall lead to a report to be drawn up by the implementation unit, approved by those present at the meeting and forwarded to the Joint Committee once it has been approved.

3.2. Before 31 December each year, the implementation unit shall submit to the Joint Committee a detailed implementation report following the model set out in Annex 2. The report shall be adopted by the two parties at the meeting of the Joint Committee following its submission.

3.3. The implementation unit shall also submit to the Joint Committee a final report for each of the measures and projects which have been completed under the sectoral support provided for by this Protocol, including an indication of likely economic and social benefits, particularly the impact on fisheries resources, employment and investment. The report must be adopted by both parties at the first meeting of the Joint Committee after the end of the project's activities.

3.4. The implementation unit shall also provide the Joint Committee, prior to the expiry of the Protocol, with a final report on the implementation of all the sectoral support provided for under this Protocol, including the information referred to in paragraphs 3.2 and 3.3 above.

3.5. If necessary, the two parties shall continue to monitor the implementation of the sectoral support beyond the expiry of this Protocol or, as the case may be, in the event of its suspension in accordance with the provisions of this Protocol.

3.6. Mauritania and the European Union shall jointly ensure the visibility of measures financed by the sectoral support under the protocols for 2008-2012 and 2013-2014 and also this Protocol, if necessary with operational support from the implementation unit.

3.7. The main institutional and non-institutional beneficiaries of the support shall be invited by the two parties, once a year, to participate in a workshop presenting and scheduling the measures financed under the sectoral support.

3.8. The reports referred to in paragraphs 3.2, 3.3 and 3.4 as well as the workshop referred to in paragraph 3.7 are essential conditions for the transfer by the European Union of subsequent tranches of the financial support referred to in paragraph 1.

3.9. With the exception of the allocation referred to in paragraph 2.2 earmarked for the operations of the implementation unit, the financial support under this Protocol may only be released once all unused financial support from 2013-2014 (the amount of which is to be approved following a review by the Parties) has been transferred to the account referred to in paragraph 3.10 and used in accordance with the schedule approved by the Joint Committee. ►M2 However, unused sectoral support for 2013-2014 shall be used no later than twenty (20) months after the date of the provisional application of this Protocol, failing which it shall be deemed to be exhausted and may not be paid. ◄

3.10. The financial support referred to in paragraph 1 of this Article shall be transferred to an account held by the Public Treasury with the Central Bank of Mauritania and to be opened in the name of the Ministry of Fisheries and used only for sectoral support. The Mauritanian authorities shall notify the European Union of the relevant bank account numbers once the account has been opened.

Article 4

Scientific cooperation to ensure sustainable fishing

1. The two Parties undertake to promote responsible fishing in the Mauritanian fishing zone based on the principles of sustainable exploitation of fishery resources and marine ecosystems.

2. During the period covered by this Protocol, the Parties shall cooperate to monitor trends as regards the state of resources and fisheries in the Mauritanian fishing zone. For this purpose the Independent Joint Scientific Committee shall meet at least once a year, alternately in Mauritania and in the European Union.

3. The Independent Joint Scientific Committee shall adopt its rules of procedure during its first meeting. These rules of procedure are to be approved by the Joint Committee. Further to Article 4(1) of the Agreement, participation in the Independent Joint Scientific Committee may be extended, as far as necessary, to include external scientists as well as observers, stakeholder representatives or representatives of regional fisheries management bodies such as COPACE.

4. The remit of the Independent Joint Scientific Committee shall cover in particular the following activities: (a) drawing up an annual scientific report on the fisheries covered by this Protocol and producing the relevant stock assessments. In drawing up its report, the Independent Joint Scientific Committee shall take full account of information relating to the activities of the national Mauritanian fleets and other foreign fleets, as well as any measures and management plans adopted by Mauritania; (b) identifying and proposing to the Joint Committee the implementation of programmes or measures designed to improve understanding of the dynamics of fisheries, the state of resources and changes to marine ecosystems; (c) studying scientific questions which arise in the course of implementing this Protocol and, if necessary acting on a referral to the Joint Committee, adopting a scientific opinion under a procedure agreed by consensus within the Committee; (d) compiling and analysing data on the fishing effort, catches and the sale of each of the segments for the national fishing fleets, of both the European Union and third countries, which operate in the Mauritanian fishing zone with respect to the resources and fisheries covered by this Protocol; (e) designing and programming the performance of the annual stock surveys in order to make it possible to establish surplus fishing opportunities and exploitation options which guarantee the conservation of resources and the ecosystem of which they are part; (f) formulating, on its own initiative or in response to a request from the Joint Committee or one of the parties, any scientific opinion relating to objectives, strategies and management measures that are judged necessary for the sustainable exploitation of the stocks and fisheries covered by this Protocol; (g) where appropriate, proposing in the Joint Committee a programme for the review of fishing opportunities in accordance with Article 1 of this Protocol.

5. For the purposes of implementing paragraphs 2, 3 and 4, and in addition to the provisions of Article 1(7), Mauritania shall provide the Independent Joint Scientific Committee and the European Union, every year, with a detailed report specifying, for each fishing category, the number of vessels flying the Mauritanian flag authorised to fish, the corresponding volumes of catches authorised, the catch volumes which have been made and also any relevant information concerning the fisheries management measures adopted and implemented by Mauritania.

Article 5

Scientific fishing, exploratory fishing and new fishing possibilities

1. Scientific fishing

1.1. The Joint Committee may authorise scientific campaigns for the purpose of collating data and information on biological resources and marine ecosystems and involving vessels from the European Union and/or Mauritania, on the basis of the advice of the Independent Joint Scientific Committee. These campaigns shall be conducted under the joint responsibility of the Mauritanian and European scientific research institutes.

1.2. The arrangements for equipping and chartering the vessels from the European Union and/or Mauritania shall be decided by the two parties during Joint Committee meetings for each of the campaigns.

1.3. The results of these campaigns shall be used to improve stock assessments and to allow for the adoption of adequate management measures.

1.4. In the case of category 8 (cephalopods), the results of the scientific programme and/or evaluations carried out in accordance with Article 4 may result in a review of the catch limit and conservation measures applicable to European Union vessels.

2. Exploratory fishing

2.1. If Union fishing vessels are interested in fishing activities not covered by Article 1, the Parties shall consult each other in the Joint Committee in order to seek authorisation for these new activities in accordance with Article 6(2) of the Agreement. Where appropriate, the Joint Committee shall agree on the conditions applicable to these new fishing opportunities and, if necessary, shall amend this Protocol and the Annex hereto in accordance with Article 6 of the Protocol.

2.2. The fishing authorisation referred to in paragraph 2.1 shall be granted taking account of the best scientific advice available at national and regional level and, where appropriate, on the basis of the results of scientific campaigns approved by the Independent Joint Scientific Committee.

2.3. Following the consultations referred to in paragraph 2.1, the Joint Committee may authorise exploratory fishing surveys in the Mauritanian fishing zones to test the technical feasibility and the economic viability of new fisheries. To this end, it shall determine on a case-by-case basis the species, conditions and any other appropriate parameters in accordance with the provisions of Chapter XI of Annex 1 to this Protocol. The Parties shall carry out experimental fishing in accordance with the conditions laid down by the Independent Joint Scientific Committee.

Article 6

Joint Committee

1. In addition to the responsibilities delegated to the Joint Committee in accordance with Article 10 of the Agreement, the Joint Committee shall be granted decision-making powers in order to approve amendments to this Protocol and the Annexes and Appendices hereto, relating to: (a) reassessing, where appropriate, the fishing opportunities and, consequently, the amount of the financial contribution; (b) the arrangements for the sectoral support as provided for in Article 3 and Annex 2; (c) the conditions governing fishing activities by European union vessels.

2. In the case referred to in paragraph 1(a), the financial contribution shall be adjusted proportionately and pro rata temporis.

3. Any amendments to the Protocol, Annexes and Appendices in accordance with paragraph 1 shall be the subject of a decision by the Joint Committee. This decision shall enter into force on the date on which the Parties notify each other that they have completed the procedures necessary for the adoption of that decision.

4. The Joint Committee shall carry out its functions in accordance with the aims of the Agreement and the relevant rules adopted by the regional fisheries organisations.

5. The Joint Committee shall be convened for the first time no later than three (3) months after the provisional application of this Protocol.

Article 7

Promoting cooperation among economic operators

The Parties shall endeavour 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. They shall promote contacts and help ensure cooperation between economic operators, including as regards the financial support referred to in Article 3, in the following areas:

(a) development of the Nouadhibou Free Zone;

(b) development of protected marine areas (Banc d'Arguin and Diawling National Parks);

(c) port management;

(d) development of industry related to fishing;

(e) promoting exchanges to improve vocational training, particularly in the fishing sector, fisheries management, aquaculture and inland fishing, shipyards and maritime surveillance;

(f) sale of fishery products;

(g) aquaculture.

Article 8

Termination due to reduced exploitation of fishing opportunities

Where a reduced level of exploitation of the fishing opportunities is established, the European Union shall notify Mauritania, by letter, of its intention to terminate the Protocol. The termination shall take effect within four (4) months of the notification.

Article 9

Suspension of the implementation of the Protocol

1. The implementation of this Protocol may be suspended at the initiative of one of the parties if one or more of the following conditions apply: (a) unusual circumstances, other than natural phenomena, prevent fishing activities in the Mauritanian fishing zone; (b) significant changes in the formulation or implementation of the fisheries policy of either one of the parties affecting the provisions of this Protocol; (c) activation of the consultation mechanisms laid down in Article 96 of the Cotonou Agreement owing to a violation of essential and fundamental elements regarding human rights set out in Article 9 of that Agreement; (d) non-payment by the European Union of the financial contribution provided for in Article 2, for reasons other than those provided for in Articles 8 and 10 of this Protocol; (e) a serious and unresolved dispute between the parties on the application or interpretation of this Protocol; (f) a serious and unresolved dispute concerning the implementation of the financial contribution referred to in Article 3 of this Protocol; (g) a serious and unresolved dispute concerning the implementation of paragraphs 4 to 7 of Article 1 of this Protocol.

2. Where the application of the Protocol is suspended for reasons other than those given in paragraph 1(c) above, the party concerned shall be required to notify its intention in writing at least four (4) months before the date on which suspension is due to take effect. Suspension of the Protocol for the reasons given in paragraph 1(c) shall apply immediately after the suspension decision has been taken.

3. In the event of suspension, the parties shall continue to consult with a view to finding an amicable settlement to their dispute. Once such settlement is reached, application of the Protocol shall resume and the amount of the financial contribution referred to in Article 2 and the financial support referred to in Article 3 shall be reduced proportionately and pro rata temporis according to the period during which the application of the Protocol was suspended.

Article 10

Suspension and revision of the financial contribution and sectoral support

1. The financial contribution, as referred to in Article 2, may be reviewed or suspended if one or more of the following conditions apply: (a) unusual circumstances, other than natural phenomena, prevent fishing activities in the Mauritanian fishing zone; (b) significant changes in the formulation or implementation of the fisheries policy of either one of the parties affecting the provisions of this Protocol; (c) activation of the consultation mechanisms laid down in Article 96 of the Cotonou Agreement owing to a violation of essential and fundamental elements regarding human rights set out in Article 9 of that Agreement.

2. The European Union may revise or suspend, partially or fully, the payment of the sectoral support provided for in Article 3 of this Protocol if the conditions stipulated in paragraph 1(b) and (c) are met, in the event of failure to implement this sectoral support or if the results obtained are inconsistent with the programming, following an evaluation carried out by the Joint Committee.

3. The payment of the financial contribution provided for in Article 2 and/or the financial support provided for in Article 3 shall resume after consultation between and agreement of the two Parties once the situation prior to the events referred to in paragraph 1 has been restored, and/or if justified by the results of the implementation of the financial support referred to in paragraph 2. Nevertheless, the financial support provided for in Article 3 may not be activated beyond a period of six (6) months after expiry of the Protocol.

Article 11

Electronic communication

1. Mauritania and the EU undertake to install as soon as possible the computer systems required for the electronic exchange of all the information and documents related to the implementation of the Agreement.

2. Once the systems provided for in point 1 above are operational, the electronic version of a document shall be considered to be the equivalent of a paper document in every respect.

3. Mauritania and the EU shall inform each other of any malfunction of a computer system as soon as possible. The information and documents related to the implementation of the Agreement shall then be automatically replaced by their paper version in accordance with Annex 1.

Article 12

Confidentiality of information

Mauritania shall undertake that all nominative data relating to EU vessels and their fishing activities obtained within the framework of the Agreement will, at all times, be processed strictly in accordance with the principles of confidentiality and data protection. Such data shall be used exclusively for the purposes of implementing the Agreement.

Article 13

National law

Without prejudice to the provisions of this Protocol and the Annexes and Appendices hereto, the port service activities and the purchase of supplies for vessels operating under this Protocol and the Annexes and Appendices hereto shall be governed by the laws and regulations in force in Mauritania.

Article 14

Provisional application

This Protocol and the Annex and Appendices hereto shall be provisionally applied as from the date of its official signature by the Parties. The date of signature shall be clearly distinct from the date of initialling indicating the end of negotiations. Fishing activities by European Union vessels in the Mauritanian fishing zone may only commence from the date of provisional application.

Article 15

Duration

This Protocol and the Annex and Appendices hereto shall apply for a period of four (4) years from the date of provisional application, unless terminated.

Article 16

Termination

In the event of termination of the Protocol under circumstances other those provided for in Article 8, the party concerned shall notify the other party in writing of its intention to terminate the Protocol at least four (4) months before the date on which such termination would take effect.

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

Article 17

Entry into force

This Protocol, and the Annexes and Appendices hereto, shall enter into force on the date on which the Parties notify each other of the completion of the procedures necessary for that purpose.

Съставено в Брюксел на шестнадесети ноември две хиляди и петнадесета година.

Hecho en Bruselas, el dieciseis de noviembre de dos mil quince.

V Bruselu dne šestnáctého listopadu dva tisíce patnáct.

Udfærdiget i Bruxelles den sekstende november to tusind og femten.

Geschehen zu Brüssel am sechzehnten November zweitausendfünfzehn.

Kahe tuhande viieteistkümnenda aasta novembrikuu kuueteistkümnendal päeval Brüsselis.

Έγινε στις Βρυξέλλες, στις δέκα έξι Νοεμβρίου δύο χιλιάδες δεκαπέντε.

Done at Brussels on the sixteenth day of November in the year two thousand and fifteen.

Fait à Bruxelles, le seize novembre deux mille quinze.

Sastavljeno u Bruxellesu šesnaestog studenoga dvije tisuće petnaeste.

Fatto a Bruxelles, addì sedici novembre duemilaquindici.

Briselē, divi tūkstoši piecpadsmitā gada sešpadsmitajā novembrī.

Priimta du tūkstančiai penkioliktų metų lapkričio šešioliktą dieną Briuselyje.

Kelt Brüsszelben, a kéteze-tizenötödik év november havának tzenhatodik napján.

Magħmul fi Brussell, fis-sittax-il jum ta’ Novembru fis-sena elfejn u ħmistax.

Gedaan te Brussel, de zestiende november tweeduizend vijftien.

Sporządzono w Brukseli dnia szesnastego listopada roku dwa tysiące piętnastego.

Feito em Bruxelas, em dezasseis de novembro de dois mil e quinze.

Întocmit la Bruxelles la șaisprezece noiembrie două mii cincisprezece.

V Bruseli šestnásteho novembra dvetisíctridsať.

V Bruslju, dne šestnajstega novembra leta dva tisoč petnajst.

Tehty Brysselissä kuudentenatoista päivänä marraskuuta vuonna kaksituhattaviisitoista.

Som skedde i Bryssel den sextonde november år tjugohundrafemton.

За Европейския съюз

Рог la Unión Europea

Za Evropskou unii

For Den Europæiske Union

Für die Europäische Union

Euroopa Liidu nimel

Για την Ευρωπαϊκή Ένωση

For the European Union

Pour l'Union européenne

Za Europsku uniju

Per l'Unione europea

Eiropas Savienības vārdā –

Europos Sąjungos vardu

Az Európai Unió részéről

Għall-Unjoni Ewropea

Voor de Europese Unie

W imieniu Unii Europejskiej

Pela União Europeia

Pentru Uniunea Europeană

Za Európsku úniu

Za Evropsko unijo

Euroopan unionin puolesta

För Europeiska unionen

За Ислямска република Мавритания

Por la República Islámica de Mauritania

Za Mauritánskou islámskou republiku

For Den Islamiske Republik Mauretanien

Für die Islamische Republik Mauretanien

Mauritaania Islamivabariigi nimel

Για την Ισλαμική Δημοκρατία της Μαυριτανίας

For the Islamic Republic of Mauritania

Pour la République islamique de Mauritanie

Za Islamsku Republiku Mauritaniju

Per la Repubblica islamica di Mauritania

Mauritānijas Islāma Republikas vārdā –

Mauritanijos Islamo Respublikos vardu

A Mauritániai Iszlám Köztársaság részéről

Għar-Repubblika Iżlamika tal-Mauritania

Voor de Islamitische Republiek Mauritanië

W imieniu Islamskiej Republiki Mauretańskiej

Pela República Islâmica da Mauritânia

Pentru Republica Islamică Mauritania

Za Mauritánsku islámsku republiku

Za Islamsko republiko Mavretanijo

Mauritanian islamilaisen tasavallan puolesta

För Islamiska republiken Mauretanien

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Table of fishing categories referred to in Article 1(1):







Fishing categories Total allowable catches and reference tonnage 1 Vessels fishing for crustaceans other than spiny lobster and crab 5 000 tonnes 2 Black hake (non-freezer) trawlers and bottom longliners 6 000 tonnes 2a Black hake (freezer) trawlers: Black hake 3 500 tonnes Squid 1 450 tonnes Cuttlefish 600 tonnes 3 Vessels fishing for demersal species other than black hake with gear other than trawls 3 000 tonnes 4 Tuna seiners 12 500 tonnes (Reference tonnage) 5 Pole-and-line tuna vessels and surface longliners 7 500 tonnes (Reference tonnage) 6 Pelagic freezer trawlers 225 000 tonnes (*1) 7 Non-freezer pelagic vessels 15 000 tonnes (*2) 8 Cephalopods [pm] tonnes (*1) This figure may be exceeded by a 10 % margin without any impact on the financial contribution paid by the European Union for access. (*2) If these fishing opportunities are utilised, they shall be deducted from the total allowable catch provided for in category 6.

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ANNEX 1

CONDITIONS GOVERNING FISHING ACTIVITIES BY EU VESSELS IN MAURITANIAN FISHING ZONES

CHAPTER I

GENERAL PROVISIONS

1. Designation of competent authority

For the purposes of this Annex and unless otherwise specified, any reference to the European Union (EU) or to Mauritania as a competent authority shall mean:

— For the European Union: the European Commission, where applicable via the European Union Delegation in Nouakchott (focal point);

— For Mauritania: the Ministry of Fisheries, via the Planning and Cooperation Directorate (focal point), hereinafter referred to as the ‘ministry’.

2. Mauritanian fishing zone

The coordinates of the Mauritanian fishing zone are those specified in Appendix 2. European Union vessels may perform their fishing activities subject to the limits laid down for each category in the technical datasheets contained in Appendix 1.

3. Vessel identification

3.1. The identification marks of all European Union vessels must conform to the relevant European Union legislation. The ministry must be notified of such legislation before the provisional application of the Protocol. The ministry must be notified of any amendment to the legislation at least one month before its entry into force.

3.2. Any vessel which conceals its markings, name or registration shall be liable to the penalties provided for by Mauritanian law.

4. Bank accounts

Mauritania shall notify the European Union before the entry into force of the Protocol of the details of the bank account(s) (BIC and IBAN codes) into which the financial sums payable by European Union vessels under the Protocol shall be paid. The associated bank transfer costs shall be borne by the vessel owners.

5. Methods of payment

5.1. Payments shall be made in euros as follows: — fees: by transfer to one of the bank accounts held by the Mauritanian Public Treasury referred to in paragraph 4; — fees relating to the parafiscal charge: by transfer to one of the bank accounts held by the Mauritanian coast guard, referred to in paragraph 4; — fines: by transfer to one of the bank accounts held by the Mauritanian Public Treasury referred to in paragraph 4.

5.2. The amounts referred to in paragraph 5.1 above shall be considered as actually received on receipt of confirmation from the Treasury or the ministry following notification by the Central Bank of Mauritania.

6. Designation of an agent

An EU vessel must be represented by a local agent if it intends to land or tranship in a Mauritanian port and for any other obligation or practical matters resulting from this Agreement.

CHAPTER II

LICENCES

For the purposes of this Annex, the licence issued by Mauritania to European Union vessels shall be equivalent to the fishing authorisation provided for by the European Union legislation in force.

The two parties agree to promote the introduction of an electronic licence system.

1. Licence applications

1.1. The European Union shall submit to the ministry lists of the vessels, broken down by fishing category, wishing to engage in fishing activities within the limits specified in the fishing datasheets included in the Protocol, twenty (20) calendar days before the start of the period of validity of the licences requested. These lists shall be accompanied by the requisite documentation and proof of payment and be communicated preferably by electronic means. Licence applications failing to arrive within the deadline need not be processed.

1.2. The documentation shall specify, for each fishing category: (a) the number of vessels; (b) for each vessel, its main technical characteristics as they appear in the fishing vessel register of the European Union; (c) fishing gears; (d) the amount of payments due, broken down by heading; (e) the number of Mauritanian seamen to be taken on board in accordance with Chapter IX of this Annex.

1.3. During the renewal of a licence under this Protocol every two months, quarterly or yearly for a vessel whose technical characteristics have not been changed, the renewal application shall only be accompanied by proof of payment of the fees and the parafiscal charge.

2. Documents required for licence applications

2.1. On each vessel's first licence application, the European Union shall submit to the ministry a licence application form duly completed in respect of each vessel for which a licence is requested in accordance with the model in Appendix 3 to this annex. This form shall state, in particular, the number of Mauritanian fishermen taken on board in accordance with Chapter IX of this Annex.

2.2. On a first licence application, the shipowner shall include the following documents with the application, preferably in electronic format: (a) a copy, certified by the flag State, of the international tonnage certificate specifying the tonnage of the vessel in GT as certified by recognised international bodies; (b) a recent (less than one year old) colour photograph certified by the competent authorities of the flag State showing a side view of the vessel in its current state, in which the name of the vessel appears and, where appropriate, the vessel's international radio call sign. If sent in electronic format, the photograph must have a minimum resolution of 72 dpi (1 400 × 1 050 pixels). If sent in paper format, it must have a minimum size of 15 × 10 cm; (c) the documents required for inclusion in the Mauritanian National Ship Register. Such inclusion shall not entail any registration fee. The inspection provided for in connection with inclusion in the National Ship Register is of a purely administrative nature.

2.3. Any alteration to the tonnage of a vessel shall oblige the shipowner concerned to submit a copy, certified by the flag State, of the new GT tonnage certificate and any relevant supporting documents, in particular the copy of the application lodged by the shipowner with the competent authorities, the agreement of those authorities and the details of the changes made. Where the structure or external appearance of the vessel is changed, a new photograph certified by the competent authorities of the flag State must also be submitted.

3. Eligibility to fish

3.1. Applications for fishing licences shall be lodged only for those vessels for which the documents required under paragraphs 2.1 and 2.2 above have been sent.

3.2. Each vessel wishing to engage in fishing activities under this Protocol must be entered in the European Union fishing vessels register and be eligible for fishing in the Mauritanian fishing zone. The vessel must not be listed as an IUU vessel.

3.3. For a vessel to be eligible, neither the owner, the master nor the vessel itself must be prohibited from fishing in Mauritania. They must be in order vis-à-vis the Mauritanian authorities insofar as they must have met all prior obligations arising from their fishing activities in Mauritania.

4. Issue of licences

4.1. The ministry shall issue licences to the vessels following submission, by the shipowner's agent, of individual proofs of payment for each vessel (receipt of payment issued by the Public Treasury), as specified in Chapter I, at least ten (10) calendar days before the start of their period of validity.

4.2. The originals of the licences may be obtained from the offices of the ministry in Nouadhibou (Regional Maritime Directorate). A scanned photocopy of these originals shall be sent electronically by the ministry to the European Union.

4.3. The licences shall also mention the period of validity, the vessel's technical characteristics, the number of Mauritanian seamen and the payment references of the fees.

4.4. Vessels receiving a licence shall be entered on the list of vessels authorised to fish which shall be sent simultaneously and without delay to the Mauritanian coast guard and the European Union. The European Union shall be notified of licence applications refused by the ministry. Where appropriate, the ministry shall provide a credit note against payments relating to such applications after deduction of the balance of any outstanding unpaid fines.

4.5. A fishing licence must be held on board the vessel to which it was issued at all times and presented to the inspection authorities for inspection. On a transitional basis, for a maximum period of 30 calendar days after the date of issue of the licence, the vessel shall be authorised to keep a copy of this licence, provided that the ship is included in the list of authorised vessels referred to in paragraph 4.4. This copy shall therefore be considered to be equivalent to the original.

5. Validity and utilisation of licences

5.1. A licence shall be valid only for the period covered by the fee paid under the terms laid down in the Fishing Datasheet. Licences shall be issued for periods of two months for shrimp fishing and for three or 12 months for other categories. They shall be renewable. The validity of the licences starts to run on the first day of the period requested. The period of validity of licences shall be determined on the basis of annual calendar periods, from 1 January until 31 December. The first period of the Protocol shall start on the date of its provisional application and shall end on 31 December of the same year. The last period of the Protocol shall end at the end of its period of application. Licences may not start to run during one annual period and expire during the next. Tuna seiners, pole-and-line tuna vessels and longliners holding fishing licences for neighbouring countries may indicate in their licence applications the country and species concerned and the period of validity of such licences to facilitate their multiple entries into and exits from the fishing zone.

5.2. The issuing of a licence does not automatically mean the vessel will be present in the Mauritanian fishing zone during the period of validity of the licence.

5.3. Licences are issued for a given vessel. They shall be non-transferable. However, in the event of the loss or prolonged immobilisation of a vessel due to a serious technical failure, the licence of the initial vessel shall be replaced by a licence for another vessel of the same fishing category, on condition that the tonnage authorised for that category is not exceeded.

5.4. The owner of a vessel which has been damaged, or the owner's agent, shall return the cancelled fishing licence to the ministry.

5.5. Additional adjustments in the amounts paid as a result of the replacement of the licence shall be effected before the replacement licence is issued.

6. Technical inspection

6.1. Once a year, and after any alteration in tonnage or changes to the fishing category necessitating the use of a different type of gear, all European Union vessels shall report to the port of Nouadhibou to undergo the inspections required by the legislation in force. Such inspections shall take place within 48 hours of the vessel's arriving in port. In the case of tuna seiners, pole and line vessels and surface longliners, each vessel operating under the Agreement for the first time must be presented for the inspections required by the legislation in force. Such inspections may be carried out in a foreign port to be agreed. All expenses linked to such inspection shall therefore be borne by the shipowner.

6.2. Once the technical inspection has been completed satisfactorily, the master of the vessel shall be issued with a certificate of conformity having the same period of validity as the licence, which shall be automatically extended, free of charge, in the case of vessels renewing their licence in the course of the year. This certificate must be kept on board at all times. It must also specify the transhipment capacity of pelagic vessels.

6.3. The purpose of the technical inspection is to check the conformity of the vessel's technical characteristics and gear and to ensure that the provisions relating to its Mauritanian crew have been complied with.

6.4. The cost of the inspection, at the rates laid down by Mauritanian law, shall be borne by the shipowner and communicated to the European Union. It may not be greater than the amount normally paid by other vessels for the same services.

6.5. Failure to comply with the provisions of paragraphs 6.1 or 6.2 above shall entail automatic suspension of the fishing licence until the shipowner has met such obligations.

CHAPTER III

FEES

1. Fees

1.1. Fees shall be calculated for each vessel under the conditions and on the basis of the rates laid down in the Fishing Datasheets included in the Protocol. The amounts of such licence fees shall include all related fees and taxes, with the exception of the parafiscal charge, port taxes and service charges.

1.2. The fees shall be calculated by the ministry, taking into account the catches made during the period of validity of the licences, and after deducting the advances paid for the issuing of those licences.

1.3. The statement of fees shall be forwarded by the ministry to the vessel owners or to their agents within one month following the period of validity of the licences. A copy of the statement shall also be sent to the European Union at the same time.

1.4. The fees shall be paid by transfer to one of the bank accounts referred to in paragraph 4 of Chapter I. In the event of overpayment, the Public Treasury of Mauritania shall issue a credit note to the shipowner or the shipowner's agent, which may be deducted from a subsequent payment.

1.5. In the event of a dispute concerning the amount of fees established, both Parties shall consult each other without delay, including within the Joint Committee if necessary, and verify the catch declarations and the calculation of the relevant charges.

2. Fees in kind

2.1. European Union shipowners of pelagic freezer trawlers and shrimp-fishing vessels (in the case of by-catches) engaged in fishing activities under this Protocol shall contribute to the policy of fish distribution to people in need, at the rate of 2 % of their pelagic catches which have been transhipped or unloaded following a voyage.

2.2. The 2 % shall be calculated on the basis of all catches, regardless of species and irrespective of commercial value, and shall be added to the total allowable catch. Catches which fall under the fee in kind should reflect the species composition of the total catches held on board the vessel at the time of the transhipment of that 2 %. However, for vessels targeting horse mackerel and mackerel, the 2 % shall be levied on catches of horse mackerel (size L or otherwise size M) or otherwise on catches of sardinella (size L or otherwise size M). For vessels targeting sardine, the 2 % shall be levied in equal proportions on catches of horse mackerel and sardinella kept on board or otherwise on catches of sardine kept on board.

2.3. Catches under the fee concerned will be handed over to the Société Nationale de Distribution de Poisson (National Company for the Distribution of Fish). A form attesting to the receipt of this fee in kind is systematically drawn up and signed by a representative of the Société Nationale de Distribution de Poisson, a copy of which is provided to the captain of the vessel.

2.4. Catches falling under the fee in kind may be handed over by means of disembarking at a dock or transhipment. In the case of transhipment, the vessels used for landing such catches must be fully adapted to the operations required in order to ensure their smooth performance. The master of the pelagic vessel, in consultation with its agent and with the Société Nationale de Distribution de Poisson, may choose the Mauritanian boat best suited to the performance of these operations.

2.5. In the event of a manifest risk to or breach of the safety of the fishing vessel, the Mauritanian vessel or their crew, the captain of the fishing vessel may refuse to land the catches using the aforementioned Mauritanian vessel: he shall then refer the matter to the representative of the Société Nationale de Distribution de Poisson, who shall assign another vessel.

2.6. The landing of catches under the fee in kind must be planned and organised in such a way so as not to affect abnormally the smooth operation of the fishing vessel's activities.

2.7. If there is insufficient storage capacity at the point where catches are landed, the captain of the fishing vessel shall be released from the obligation to land the fee in kind, completely and definitively for the relevant voyage. A certificate will then be issued by the representative of the Société Nationale de Distribution de Poisson certifying that the fish could not be landed owing to a lack of storage space onshore. Catches not landed owing to insufficient storage capacity and kept on board must be deducted from the total allowable catch.

2.8. The fee in kind specifically excludes any other form of imposed contribution. Under no circumstances may it give rise to a conversion in the form of a monetary equivalent nor may it be the subject of the constitution of a debt.

2.9. Catches corresponding to the fee in kind are taken over by the Société Nationale de Distribution de Poisson and passed to the people in need in accordance with Mauritanian legislation.

2.10. The Société Nationale de Distribution de Poisson shall draw up a report each year on the use of this fee in kind, its recipients, the quantities disposed of and the conditions for distributing these quantities. That report shall be examined by the Joint Committee.

2.11. In the event of difficulty in implementing these provisions, both Parties shall consult each other, including within the Joint Committee, in order to share all relevant information concerning implementation and in order to identify the most appropriate solutions in order to address these difficulties.

3. Parafiscal charge

3.1. Under the decree establishing the parafiscal charge, the rates of this charge for industrial fishing vessels, payable in local currency, are as follows: Fishing category: crustaceans, cephalopods and demersal species:



Tonnage (GT) Amount per quarter (MRO) < 99 50 000 100-200 100 000 200-400 200 000 400-600 400 000 > 600 600 000 Fishing category (highly migratory and pelagic):



Tonnage Amount per month (MRO) < 2 000 50 000 2 000 -3 000 150 000 3 000 -5 000 500 000 5 000 -7 000 750 000 7 000 -9 000 1 000 000 > 9 000 1 300 000

3.2. With the exception of categories 4 and 5, the parafiscal charge shall be payable on the basis of a full quarter or multiple thereof, irrespective of whether a biological recovery period falls within that period.

3.3. The exchange rate (MRO/EUR) to be used for payment of the parafiscal charge for a calendar year shall be the average rate for the previous year, as calculated by the Central Bank of Mauritania and transmitted by the ministry not later than 1 December of the year preceding the application thereof.

3.4. A quarter shall consist of one of the three-month periods beginning on 1 October, 1 January, 1 April or 1 July, except for the first and the last period of the Protocol.

4. Specific conditions applicable to tuna vessels

4.1. The catch declarations drawn up by each captain of a tuna vessel are processed and verified by the scientific institutes responsible for verifying tuna catch data in the Member States, such as the IRD (Institut de recherche pour le développement), IEO (Instituto Español de Oceanografía), INIAP (Instituto Nacional de Investigação Agrária e das Pescas), with copies of all fishing logbooks being sent to the IMROP (Institut Mauritanien de Recherches Océanographiques et des Pêches).

4.2. For each tuna-fishing vessel, the European Union shall draw up, on the basis of the catch reporting verified by the above scientific institutes, a final statement of fees owed by the vessel in respect of its annual season for the previous calendar year.

4.3. The European Union shall notify this final statement to Mauritania and to the shipowner before 30 June of the year following the year in which the catches were made. If the final statement concerns the current year, it shall be notified to Mauritania and to the shipowner no later than one (1) month after the date of expiry of the Protocol.

4.4. Mauritania may contest the final statement, on the basis of documentary proof, within 30 working days of its being sent. In the case of disagreement, the Parties shall consult each other in the Joint Committee. If Mauritania does not object within 30 days, the final statement shall be considered to be adopted.

4.5. Where the final statement is greater than the advance payment fee paid to obtain the fishing licence, the shipowner shall pay the outstanding balance within 45 days of the approval of the statement by Mauritania. Where the final statement is less than the anticipated flat-rate fee, the remaining amount may not be reclaimed by the vessel owner.

4.6. The parafiscal charge shall be paid pro rata in proportion to the time spent in the Mauritanian fishing zone. The corresponding monthly payments are deemed to cover periods of 30 days of actual fishing. This provision preserves the indivisible nature of the charge and, consequently, the monthly payment shall be due in respect of any period begun.

4.7. A vessel which has fished for 1 to 30 days over the year shall pay the charge in respect of one month. The second monthly payment of this charge shall be due after the first period of 30 days and so on. Additional monthly payments shall be made no later than 10 days after the first day of each additional period.

CHAPTER IV

CATCH REPORTING

1. Fishing log

1.1. Masters of vessels shall make a daily record of all the operations specified in the fishing log, a model of which is attached as Appendix 4 to this Annex and which could be amended in accordance with Mauritanian legislation. This document must be completed correctly and legibly and signed by the master of the vessel. For vessels fishing for highly migratory species, the provisions of paragraph 8 of this Chapter shall apply.

1.2. The fishing logbooks shall be transmitted in the following ways: (a) for vessels which are subject to the landing or transhipment obligation, the original of each fishing logbook shall be submitted to the Mauritanian coast guard, which shall confirm receipt thereof in writing; (b) for other vessels, when leaving the Mauritanian fishing zone without first passing through a Mauritanian port, the original of each fishing logbook shall be sent within a period of 7 days after arrival in any other port, and in any event within a period of 20 days after leaving the Mauritanian zone; (c) within the same timeframe, the shipowner shall forward a copy of the log to the national authorities of its flag State and also to the European Union via the Delegation; (d) preferably, by e-mail, to the address given by Mauritania and listed in Appendix 12; or (e) by fax, to the number given by Mauritania; or (f) by letter sent to Mauritania.

1.3. Failure to comply with a provision of paragraphs 1.1 or 1.2 above shall entail, without prejudice to the penalties laid down by Mauritanian law, automatic suspension of the fishing licence until the shipowner has met such obligations.

2. Supplementary fishing log (landing and transhipment declarations)

2.1. On landing or transhipment, masters of vessels are required to complete correctly and legibly and to sign the supplementary fishing log as shown in the model attached as Appendix 6 to this Annex.

2.2. At the end of each landing, the shipowner shall immediately send the original of the supplementary fishing log to the Mauritanian coast guard, with a copy to the ministry. Within 7 working days, a copy shall be sent to the national authorities of the flag Member State and to the European Union, via the Delegation.

2.3. At the end of each authorised transhipment, the master shall immediately send the original of the supplementary fishing log to the Mauritanian coast guard, with a copy to the ministry. Within 7 working days, a copy shall be sent to the national authorities of the flag Member State and to the European Union, via the Delegation.

2.4. Failure to comply with a provision of paragraphs 2.1, 2.2 or 2.3 above shall entail automatic suspension of the fishing licence until the shipowner has met such obligations.

3. Reliability of data

3.1. The information in the documents referred to in the preceding paragraphs must reflect the actual fishing situation in order to constitute one of the bases for monitoring changes in fisheries resources.

3.2. The Mauritanian legislation in force concerning the minimum sizes of catches kept on board shall be applicable and is provided in Appendix 7.

3.3. A list of the conversion factors applicable to without head/whole catches and/or eviscerated/whole catches is provided in Appendix 8.

4. Transition to an electronic system

Both parties are to establish a protocol for the electronic exchange of all information relating to catches and declarations (‘Electronic Reporting System’), referred to as ‘ERS data’, set out in Appendix 10. Both parties will make provision for the implementation of this protocol and the replacement of the paper version of the catch declaration by ERS data, once Mauritania has put in place the equipment and software required.

5. Tolerance of discrepancies

Based on a representative sample, the tolerance of any discrepancy between the catches declared in the fishing log and the assessment of those catches made during inspection or landing shall not exceed:

9 % for non-freezer vessels;

4 % for non-pelagic and pelagic freezer vessels;

6. By-catches

The authorised by-catches are specified in the Fishing Datasheets which are part of this Protocol. Any vessel exceeding the authorised by-catch rates shall be liable to penalties.

7. Quarterly aggregated catch reporting

7.1. The European Union shall notify Mauritania, in electronic form and using the forms provided in Appendix 9, of the aggregated quantities caught by its vessels across all fishing categories by the end of each quarter for the preceding quarter.

7.2. The data shall be broken down by month, category of fishing, vessel and species.

7.3. The final statement of annual catches shall be the subject of an agreement between the two parties in the Joint Committee.

7.4. The conversion factors applicable to pelagic fishing as regards without head/whole catches and/or eviscerated/whole catches is provided in Appendix 8.

8. Specific conditions applicable to tuna vessels

8.1. Tuna vessels shall keep a log-book in accordance with the model in Appendix 5 to this Annex for each fishing period spent in Mauritanian waters. It shall be filled in even when no catches are made.

8.2. The fishing logbooks shall be transmitted in the following ways: (a) when passing through a Mauritanian port, the original of each fishing logbook shall be submitted to the Mauritanian coast guard, which shall confirm receipt thereof in writing; (b) when leaving the Mauritanian fishing zone without first passing through a Mauritanian port, the original of each fishing logbook shall be sent within a period of 14 days after arrival in any other port, and in any event within a period of 45 days after leaving the Mauritanian zone; (c) within the same timeframe, the shipowner shall forward a copy of the log to the national authorities of its flag State and also to the European Union via the Delegation; (d) preferably, by e-mail, to the address given by Mauritania and listed in Appendix 12; or (e) by fax, to the number given by Mauritania; or (f) by letter sent to Mauritania.

8.3. Tuna vessels shall comply with all the recommendations adopted by the International Commission for the Conservation of Atlantic Tunas (ICCAT).

CHAPTER V

LANDINGS AND TRANSHIPMENTS

1. Landings

1.1. The demersal fleet shall be subject to a landing obligation.

1.2. Specific derogations shall be granted to the shrimp fleet at the shipowner's request during periods of hot weather, in particular August and September.

1.3. The landing obligation does not entail any storage or processing obligation.

1.4. The non-freezer pelagic fleet is subject to a landing obligation within the limits of the reception capacity of the processing units at Nouadhibou and actual market demand.

1.5. The last trip (the trip preceding the vessel's departure from Mauritanian fishing zones for a period lasting not less than three months) shall not be subject to the landing obligation. For shrimp trawlers this period shall be two months.

1.6. The master of a European Union vessel shall notify the port authorities of Nouadhibou (PAN) and the Mauritanian coast guard, by fax or e-mail with a copy to the European Union Delegation, at least 24 hours before landing, specifying the following: (a) the name of the fishing vessel which is to land; (b) the planned date and time of the landing; (c) the quantity (expressed in kilograms of live weight) of each species to be landed (identified by its FAO alpha 3 code).

1.7. In response to the above notification, the Mauritanian coast guard shall, within the following 12 hours, notify its consent to the master of the vessel or the master's agent by return fax or e-mail with a copy to the European Union Delegation.

1.8. European Union vessels landing at a Mauritanian port shall be exempt from all taxes or charges having an equivalent effect other than port fees and charges which apply on the same terms to Mauritanian vessels.

1.9. The fishery products landed shall be under customs control arrangements in accordance with Mauritanian legislation. They shall therefore be exempt from all customs procedures and duties or charges having an equivalent effect when they enter the Mauritanian port or at the time of export, and shall be treated as ‘temporarily-admitted goods’ (‘temporary storage’).

1.10. Shipowners shall decide on the destination of their vessels' production. It may be processed, stored under customs control, sold in Mauritania or exported (in foreign currency).

1.11. Sales in Mauritania intended for the Mauritanian market shall be subject to the same charges and levies as Mauritanian fishery products.

1.12. Profits may be exported without additional charges (exemption from customs duties and charges having an equivalent effect).

2. Transhipment

2.1. Any pelagic freezer trawler with the capacity to tranship, as attested by the certificate of conformity, is under the obligation to tranship at a dock or at buoy 10 within the Autonomous Port of Nouadhibou, with the exception of the last trip.

2.2. In the context of economic development projects reflecting the objectives of Article 7 of the Protocol, the Mauritanian authorities may consider changes to the arrangements for landings and transhipment operations. Both Parties shall discuss this issue within the Joint Committee.

2.3. European Union vessels transhipping at the Autonomous Port of Nouadhibou shall be exempt from all taxes or charges having an equivalent effect other than port fees and charges which apply on the same terms to Mauritanian vessels.

2.4. The last trip (the trip preceding the vessel's departure from Mauritanian fishing zones for a period lasting not less than three months) shall not be subject to the transhipment obligation.

2.5. The master of a European Union vessel shall notify the port authorities of Nouadhibou (PAN) and the Mauritanian maritime coast guard, by fax or e-mail with a copy to the European Union Delegation, at least 24 hours before landing, specifying the following: (a) the name of the fishing vessel which is to tranship; (b) the planned date and time of the transhipment; (c) the quantity (expressed in kilograms of live weight) of each species to be transhipped (identified by its FAO alpha 3 code).

2.6. In response to the above notification, the Mauritanian coast guard shall, within the following 12 hours, notify its consent to the master of the vessel or the master's agent by return fax or e-mail with a copy to the European Union Delegation.

2.7. Mauritania reserves the right to refuse transhipment if the carrier vessel has carried out illegal, undeclared or unregulated fishing inside or outside Mauritanian fishing zones.

CHAPTER VI

MONITORING

1. Entering and leaving the Mauritanian fishing zone

1.1. Any entry into or departure from the Mauritanian fishing zone by an EU vessel holding a fishing authorisation must be notified to Mauritania at the latest 36 hours before entry or exit, with the exception of tuna seiners, pole-and-line tuna vessels and longliners, in respect of which this period is reduced to 6 hours.

1.2. When notifying its entry or exit, the vessel shall mention in particular: (a) name of the ship; (b) vessel call sign; (c) estimated date (dd/mm/yyyy), time (UTC) and crossing point (deg/min/sec); (d) the quantity of each 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; (e) the presentation of the products.

1.3. Notification shall be given preferably by e-mail or, failing that, by fax or radio, to an e-mail address, a telephone number or a frequency given by Mauritania, as indicated in Appendix 12. Mauritania will immediately confirm receipt of the notification by e-mail or fax

1.4. This information regarding the entry and exit of vessels shall also be sent simultaneously to the European Union's Delegation to Mauritania, at the e-mail address provided in Appendix 12.

1.5. Mauritania shall immediately inform the vessels concerned and the EU of any change to the e-mail address, telephone number or transmission frequency. These changes will be included, for the record, in the annex to the minutes of the Joint Committee following the change.

1.6. Any vessel found to be fishing in the Mauritanian fishing zone without having previously notified its presence shall be considered to be an unauthorised fishing vessel.

1.7. The entry and exit reports shall be kept on board the vessel for a period of at least one year following the date of notification.

1.8. During their presence in the Mauritanian fishing zone, European Union vessels shall regularly monitor international call frequencies (VHF Channel 16 or HF 2 182 kHz).

1.9. On receipt of messages notifying exit from the fishing zone, the Mauritanian authorities reserve the right to decide whether to carry out a check prior to the departure of vessels, on the basis of sampling within Nouadhibou or Nouakchott port.

1.10. Those monitoring operations should not last for more than six hours for pelagics (category 6 and 7) or more than three hours for other categories.

1.11. Failure to comply with the provisions of the preceding paragraphs shall result in the following sanctions: (a) the first time: — the vessel shall be diverted, if possible, — the catch on board shall be landed and confiscated on behalf of the Public Treasury, — the vessel shall pay the minimum fine provided for under Mauritanian law; (b) the second time: — the vessel shall be diverted, if possible, — the catch on board shall be landed and confiscated on behalf of the Public Treasury, — the vessel shall pay the maximum fine provided for under Mauritanian law, — the licence shall be revoked for the remainder of its period of validity; (c) the third time: — the vessel shall be diverted, if possible, — the catch on board shall be landed and confiscated on behalf of the Public Treasury, — the licence shall be definitively revoked, — the master and the vessel shall be prohibited from fishing in Mauritania.

1.12. Should it not be possible to divert the offending vessel, the ministry shall inform the European Union and the flag Member State so that the penalties laid down in paragraph 1.11 above may be applied.

2. Provisions relating to inspections at sea and in port

2.1. Mauritania shall take the necessary measures to ensure that inspections at sea and in port carried out on board European Union vessels under this Agreement: (a) are performed by vessels and/or Mauritanian coast guard staff who are clearly authorised and identified as being assigned by Mauritania for Mauritanian fisheries control. Each agent of the Mauritanian coast guard must be trained in fisheries control and must carry a service card issued by Mauritania, indicating his/her identity and qualification; (b) under no circumstances compromise the safety of the vessel and crew.

2.2. For the purposes of inspections at sea, Mauritanian coast guard officials may not board the European Union vessel without prior notice being given by radio VHF or using the International Code of Signals. All methods of transport used for inspection must clearly and visibly display an official pennant or symbol indicating that it is engaged in fishery inspection on behalf of Mauritania.

2.3. The master of the European Union vessel shall allow the Mauritanian coast guard's staff to come on board and carry out their work and shall cooperate with the Mauritanian coast guard staff.

2.4. The inspection shall be carried out by a number of Mauritanian coast guard staff appropriate to the circumstances of the inspection, who shall provide proof of their identity and official position before carrying out the inspection.

2.5. Officials of the Mauritanian coast guard may examine all areas, equipment, fishing gear, catches, documents and records of transmissions which they consider to be necessary in order to verify compliance with this Agreement. They may also question the captain, crew members or any other person on board the vessel being inspected. They may take copies of any document considered to be relevant.

2.6. Officials from the Mauritanian coast guard may not interfere with the right of the captain of the European Union vessel to communicate with the owner and/or the authority of the flag State of the vessel.

2.7. Officials from the Mauritanian coast guard shall only stay on board the European Union vessel for the time necessary to carry out tasks linked to the inspection. In any event, the duration of an inspection shall not exceed 3 hours for pelagic vessels and 1 h for other categories, unless absolutely necessary

2.8. Officials from the Mauritanian coast guard shall conduct the inspection in such a way that minimises the impact on the vessel, its fishing activity and cargo, and also on landing or transhipment operations.

2.9. Mauritania shall ensure that any complaint relating to the inspection of a European Union vessel is handled fairly and thoroughly in accordance with national law.

2.10. Mauritania may allow the EU to participate in the inspection at sea and in port as an observer.

2.11. At the end of each inspection, officials from the Mauritanian coast guard shall draw up an inspection report containing the result of the inspection, any alleged infringements and possible additional measures that could be taken by Mauritania.

2.12. The master of the European Union vessel has the right to include comments in the inspection report.

2.13. The inspection report must be signed by the official from the Mauritanian coast guard who drew up the report and also by the master of the European Union vessel. The signature of the master only provides acknowledgement of receipt of a copy of the report. Should the master refuse to sign the inspection report, the master must write the reasons for refusal in the inspection report with the statement ‘refusal to sign’.

2.14. If the inspection report has been written by hand, the entries shall be made legibly and in indelible ink.

2.15. The officials from the Mauritanian coast guard shall provide a copy of the inspection report to the master of the European Union vessel before leaving the vessel. Mauritania shall send a copy of the inspection report to the European Union within a period of four days (inspections at sea) and 24 hours (inspections at port) following the inspection, irrespective of the outcome.

3. Mutual observation system for controls on land and at sea

3.1. The Parties may decide to set up a mutual observation system for controls on land and at sea. To this end, they shall designate representatives who shall attend monitoring operations and inspections carried out by the respective national inspection authorities and may make observations on the implementation of this Protocol.

3.2. These representatives must possess: — a professional qualification, — appropriate experience in the fisheries field, and — thorough knowledge of the provisions of the Agreement and of this Protocol.

3.3. Inspections shall be carried out by the national inspection authorities and the representatives in attendance may not, on their own initiative, exercise the powers of inspection conferred on national officials.

3.4. When the representatives accompany national inspection officials, they shall have access to the vessels, premises and documents subject to inspection by those officials, in order to collect data (not containing named references) necessary for the accomplishment of their task.

3.5. The representatives shall accompany the national inspection authorities on their visits to the ports, on board ships in dock, to public auction houses, fish wholesalers' shops, cold stores and other premises for landing and stocking fish before it is placed on the market.

3.6. The representatives shall draw up and submit a report every four months detailing the inspections attended. This report shall be addressed to the competent authorities. A copy shall be supplied by those authorities to the other Contracting Party.

3.7. The Parties may decide to carry out at least two inspections each year, alternately in Mauritania and in Europe.

3.8. The representative on joint monitoring operations shall respect the plant and equipment on board the vessel, and any other installations, and also the confidentiality of all documents to which access is provided. The Parties agree to maintain the highest standards of confidentiality during such operations. The representative shall disclose information on the results of such operations solely to the competent authorities.

3.9. This programme shall be implemented in European Union ports of landing and in Mauritanian ports.

3.10. Each Party shall bear the costs of its representative on monitoring operations, including travel and board costs.

CHAPTER VII

INFRINGEMENTS

1. Inspection report and statement of infringement

1.1. Any alleged infringement by a European Union vessel must be based on objective and material findings made by officials of the Mauritanian coast guard concerning the facts of that infringement. There can be no presumption of an infringement.

1.2. The inspection report, which shall specify the circumstances and reasons leading to the infringement, must be signed by the master of the vessel, who may note any reservations; a copy of the report shall immediately be sent to the master by the Mauritanian coast guard, in accordance with paragraph 2.15 of Chapter VI. This signature shall not prejudice the rights of the master or any defence which he may make to the alleged infringement.

1.3. The statement of infringement shall be drawn up faithfully by the Mauritanian coast guard on the basis of any alleged infringements found and entered in the inspection report drawn up following checks on the vessel. It must be accompanied by all material evidence justifying, objectively, the reality of the infringement concerned.

1.4. The conformity of the vessel's characteristics ascertained during the technical inspection (chapter II) shall be taken into account during such checks.

2. Notification of the infringement

2.1. In the event of an infringement, the Mauritanian coast guard shall, without delay, serve by post on the vessel's agent the statement relating to the infringement, together with the inspection report. The Mauritanian coast guard shall inform the European Union thereof without delay and forward to it the relevant documents.

2.2. In the event of an infringement which cannot be brought to an end at sea, the master, at the request of the Mauritanian coast guard shall take the vessel to the port of Nouadhibou (rerouting) and the Mauritanian coast guard shall inform the European Union thereof without delay. In the event of an infringement acknowledged by the master which can be brought to an end at sea, the vessel shall continue fishing. In both cases, the vessel shall continue fishing once the infringement is brought to an end.

3. Resolution of an infringement without re-routing

3.1. In accordance with this Protocol, infringements may be settled either out of court or by legal proceedings.

3.2. Prior to the resolution of the infringement and at the latest 24 hours after the infringement has been notified, the European Union shall receive from Mauritania all detailed information regarding the facts of the infringement and any action taken.

3.3. The Settlement Committee shall be convened by the Mauritanian coast guard. All information concerning out-of-court settlements or legal proceedings relating to infringements committed by European Union vessels shall be sent to the European Union as soon as possible. If necessary and by derogation granted by the Committee Chairman, the shipowner may be represented in the Settlement Committee by two persons. The shipowner may put forward its arguments and produce any additional information relating to the circumstances of the case.

3.4. The results of the Settlement Committee shall be notified as soon as possible to the shipowner or his representative and the EU, through the EU's Delegation.

3.5. Any fine must be paid by transfer no later than 30 days after the settlement. Where a vessel intends to leave the Mauritanian fishing zone, it may only do so once the payment has become effective. A Public Treasury receipt or, failing this, a SWIFT bank transfer certified by the Central Bank of Mauritania on non-working days, shall serve as proof of payment of the fine.

3.6. If the out-of-court proceedings have not reached a successful conclusion, the ministry shall refer the matter to the public prosecutor of Mauritania without delay. In the case of an injunction leading to a fine, the fine must be paid by transfer not later than 30 days after the injunction. A Public Treasury receipt or, failing this, a SWIFT bank transfer certified by the Central Bank of Mauritania on non-working days, shall serve as proof of payment of the fine.

4. Resolution of an infringement with re-routing

4.1. A vessel which has been rerouted after an infringement has been detected shall be kept in port until completion of the out-of-court proceedings.

4.2. Before any legal proceedings, attempts shall be made to resolve the alleged infringement out of court under the conditions laid down in paragraphs 3.3 to 3.5. This procedure shall be completed at the latest three days after the date of the start of the vessel's re-routing.

4.3. Prior to the out-of-court proceedings and no later than 48 hours after the rerouting has commenced, the European Union shall receive from Mauritania all detailed information regarding the facts of the infringement and any possible follow-up measures.

4.4. If the out-out-court proceedings have not reached a successful conclusion, the ministry shall refer the matter to the public prosecutor of Mauritania without delay. In the case of an injunction leading to a fine, the fine must be paid in accordance with paragraph 3.6.

4.5. In accordance with existing legislation, a bank security, established by the competent authority or the court with jurisdiction within 72 hours of the end of the out-of-court proceedings, and taking into account the costs given rise to by the boarding and the amount of the fines and compensation for which those responsible for the infringement are liable, shall be lodged by the shipowner. The bank security shall be irrevocable until the legal proceedings have been concluded. It shall be released once legal proceedings end without a conviction. Similarly, in the event of a conviction leading to a fine of less than the security lodged, the balance shall be released by the competent Mauritanian authorities.

4.6. The vessel shall be released: (a) once the obligations arising under the out-of-court procedure have been fulfilled; or (b) when the bank security referred to in point 4.5 above has been lodged and accepted by the ministry, pending completion of the legal proceedings. A Public Treasury receipt or, failing this, a SWIFT bank transfer certified by the Central Bank of Mauritania on non-working days, shall serve as proof of payment of the security.

5. Exchanges of information on checks and infringements

The two Parties undertake to strengthen the procedures necessary to ensuring continuous dialogue on supervisory measures taken, ongoing infringement cases, the results of out-of-court proceedings and legal proceedings and any difficulties linked to the performance of checks and follow-up action relating to infringement cases.

CHAPTER VIII

SATELLITE MONITORING SYSTEM (VMS)

The satellite monitoring of European Union vessels shall be ensured by dual transmission based on a triangular system, as follows:

(1) EU vessel — Flag State FMC — Mauritanian FMC

(2) EU vessel — Mauritanian FMC — Flag State FMC

In the event of any difficulties relating to the implementation of the triangular system, both parties shall, in the Joint Committee, take the measures necessary in order to ensure the resolution of these difficulties.

1. Vessel position messages — VMS system

Whilst they are in the Mauritanian fishing zone, EU vessels holding a fishing licence must be equipped with a satellite monitoring system (Vessel Monitoring System — VMS) to enable automatic and continuous communication of their position, at all times, to the Fisheries Monitoring Centre (FMC) of their flag State.

2. Modalities of transmissions

2.1. Each position message must contain the following information: (a) vessel identification; (b) the most recent geographical position of the vessel (longitude, latitude), with a margin of 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; and (e) comply with the format set out in Appendix 9 to this Annex.

2.2. The first position recorded after entry into the Mauritanian fishing zone is 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 Mauritanian fishing zone, which shall be identified by the code ‘EXI’.

2.3. The FMC of the flag State and the FMC of Mauritania 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.

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

3.1. 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.

3.2. Where the continuous satellite monitoring equipment installed on board a fishing vessel develops a technical fault or breaks down, the master of the vessel shall transmit the information specified in paragraph 2.1 to the FMC of the flag State in good time by e-mail, radio or by fax In those circumstances a global position report shall be sent every four hours. The FMC of the flag State shall send these messages immediately to the Mauritanian FMC.

3.3. In the event of a breakdown or malfunction in the on-board VMS, the master and/or owner shall ensure the VMS is repaired or replaced within a maximum of five days. Where this deadline is not met, the vessel in question must leave the Mauritanian fishing zone or return to a Mauritanian port. If the vessel makes a call at a Mauritanian port within those five days, it may only resume fishing activity in the Mauritanian fishing zone once its VMS is in perfect working order, unless Mauritania authorises otherwise. Where there is a serious technical problem requiring an additional period, an exception may be granted at the request of the master for a maximum of 15 days.

3.4. Following a technical failure in its VMS, a fishing vessel may only leave port when: — the system is once again operational, to the satisfaction of the flag State, or — it receives authorisation from the flag State. In the latter case, the flag State shall inform Mauritania of its decision before the vessel leaves.

4. Secure communication of position messages between the FMC of the flag State and Mauritania

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

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

4.3. The FMC of Mauritania shall immediately inform the FMC of the flag State and the European Union of any interruption in receiving consecutive position messages from a vessel holding a fishing authorisation, where the vessel concerned has not notified its departure from the Mauritanian fishing zone.

5. Malfunction of the communication system

5.1. Mauritania shall ensure the compatibility of its electronic equipment with that of the FMC of the flag State and inform the European Union 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.

5.2. The master shall be considered responsible for any proven tampering with a vessel's VMS aimed at disturbing its operation or falsifying its position messages. Any infringement shall be subject to the penalties provided for by this Protocol.

6. Revision of the frequency of position messages

6.1. On the basis of documentary evidence proving an infringement, Mauritania may ask the FMC of the flag State, copying in the EU, to reduce the interval for sending position messages from a vessel to 30 minutes for a set period of investigation. This documentary evidence must be sent by Mauritania to the FMC of the flag State and the EU. The FMC of the flag State shall immediately send position messages to Mauritania at the new frequency.

6.2. At the end of the set investigation period, Mauritania shall inform the FMC of the flag State and the EU of any follow-up which is required.

CHAPTER IX

SIGNING-ON OF MAURITANIAN FISHERMEN

1. Required number of Mauritanian fishermen to be taken on board

1.1. The fishing vessel owner shall take Mauritanian fishermen on board its European Union fishing vessel to work as crew members for the duration of the vessel's fisheries activities in the Mauritanian fishing zone.

1.2. The ministry shall establish and maintain, in compliance with international standards, a list of a sufficient number of suitably trained, certificated, experienced and able Mauritanian fishermen from which the owners of European Union fishing vessels shall select freely fishermen to be taken on board to work on their vessels in accordance with paragraph 1.1. This list shall be sent to the shipowners, the European Union and the flag Member States.

1.3. The minimum number of Mauritanian fishermen to be taken on board in accordance with paragraphs 1.1 and 1.2 shall be: (a) for tuna-seiners, one per vessel; (b) for pole-and-line tuna vessels, three per vessel; (c) for shrimp vessels and demersal species, 60 % of the crew, rounded downwards, officers not being included in this figure; (d) for all pelagic trawlers, 60 % of staff involved in production duties (factory, packaging and freezing), as indicated on the vessel's crew plan duly endorsed by the competent authority of the flag State.

1.4. If the fishing vessel owner takes Mauritanian trainee officers on board, their number shall be deducted from the minimum number of Mauritanian fishermen required in accordance with paragraph 1.3.

1.5. The owner of a fishing vessel referred to in paragraph 1.3(d), shall be authorised to make use of the required number of Mauritanian fishermen in the context of a documented and planned on board/on land rotation system, allowing the owner to manage the fishing vessel responsibly and effectively, in accordance with the measures adopted by the flag State in accordance with both national and EU law.

1.6. The master shall keep a record of the fishermen working on board his vessel by means of a crew list duly signed by the master or another person authorised by the master. The crew list shall be kept up-to-date and detail per fisherman as a minimum: (a) rank or rating; (b) nationality; (c) date and place of birth; (d) nature and number of identity document.

1.7. Inspection of compliance with the requirements of paragraph 1 shall be based on the European Union fishing vessel's crew list at the time of inspection, as drawn up and signed by the master or another person authorised by the master.

2. Requirements for access of Mauritanian fishermen to European Union fishing vessels

2.1. The ministry shall ensure that the list referred to in paragraph 1.2 details per fisherman at least his name and given names, his date of birth, his place of birth, his fisherman's qualifications and documents, and his experience.

2.2. The ministry shall ensure that each fisherman entered in the list referred to in paragraph 1.2 complies at least with the following requirements: that the fisherman: (a) is familiar with the basic security vocabulary in one of the following working languages: French, Spanish or English; (b) holds a valid Mauritanian passport; (c) holds a valid Mauritanian seaman's book or equivalent document; (d) is in possession of a valid certificate stating that he has received basic training on safety at sea for staff of fishing vessels in accordance with current international standards; (e) holds a valid medical certificate attesting to his fitness to perform his duties on board fishing vessels and that he does not suffer from any contagious diseases or disorders which could compromise the safety and health of other persons on board; the medical examination shall be conducted in accordance with international standards and include a radiographic examination for tuberculosis; (f) holds a record, which may be included in the document referred to in paragraph 2.2, point (c), detailing his acquired competences and for each fishing vessel he has served on, its name, its type, his rank or function on board, and the time of his service on board; (g) holds an original duly signed copy of his fisherman's work agreement; (h) is in possession of any further documents required by the fishing vessel's flag State or the fishing vessel owner.

2.3. Each document referred to in paragraph 2.2, points (c) to (h) inclusive, shall be issued in the official language or languages of the Islamic Republic of Mauritania or the country of issue and shall include a translation of its text into English.

2.4. In accordance with current international standards, each document referred to in paragraph 2.2, points (c) to (h), shall only be considered valid if it fully complies with paragraph 2.3, has been duly signed, has not expired at embarkation, and if the fishing vessel's flag State has ensured that the training or examination for which the document has been issued fully complies with the flag State's requirements. For this purpose, officials appointed by the flag State shall be allowed by Mauritania to conduct on the latter's territory the necessary assessments and audits. In keeping with the principle of loyal cooperation, the Member States of the European Union shall cooperate with each other in carrying out the tasks arising from this paragraph in order to ease the administrative burden on the Islamic Republic of Mauritania.

2.5. Mauritanian fishermen shall present the documents detailed in paragraph 2.2 to the master at his request for inspection. The master shall be allowed to keep copies of the said documents for administrative purposes.

2.6. The owner of the fishing vessel, or the master on its behalf, has the right to refuse a Mauritanian fisherman permission to embark on board a EU fishing vessel if the requirements set out in paragraphs 2.2 to 2.4 have not been complied with.

3. Fundamental principles and rights at work

3.1. Mauritanian fishermen taken on board European Union fishing vessels to work, their principals and the fishing vessel owners concerned shall be treated in accordance with the applicable legislation implementing the eight fundamental Conventions of the International Labour Organisation (ILO), which, according to the 1998 ILO Declaration on Fundamental Principles and Rights at Work, shall be promoted and realised by its Members. These Conventions concern the freedom of association and the effective recognition of the right to collective bargaining, the elimination of all forms of forced or compulsory labour, the effective abolition of child labour, and the elimination of discrimination in respect of employment and occupation.

3.2. Mauritanian seamen on board EU fishing vessels shall enjoy the protection of a written contract of employment, established pursuant to the law and applicable collective agreements and including details of working and living conditions on board.

4. Temporarily permitted shortfall of Mauritanian fishermen on board

4.1. European Union fishing vessels shall be permitted to sail with less than the minimum required number of Mauritanian fishermen as per paragraph 1 on board immediately after the competent authorities in the port of embarkation have been informed of the shortfall in cases where: (a) the list referred to in paragraph 1.2 has not been made available to the shipowner or its representative by the Mauritanian competent authority at the time of the recruitment of seamen; (b) there is not a sufficient number of suitably trained, certificated, experienced and able Mauritanian fishermen available on the list referred to in paragraph 1.2; (c) one or more Mauritanian fishermen, who arrive in time at the vessel, but who are refused permission to embark by the fishing vessel owner, or the master on its behalf, in accordance with paragraph 2.6.; (d) one or more Mauritanian fishermen signed to be taken on board the fishing vessel to work fail to report on board at the time announced for the vessel's departure. The competent authority at the port of embarkation shall immediately inform