PROTOCOL setting out the fishing opportunities and financial contribution provided for in the Agreement between the European Economic Community and the Islamic Republic of Mauritania on fishing off the coast of Mauritania for the period 1 August 1990 to 31 July 1993

Article 1

For a period of three years from 1 August 1990, the fishing opportunities granted pursuant to Article 2 of the Agreement shall be as follows:

1. Specialized vessels:

(a) fishing vessels specializing in crustaceans with the exception of lobsters: 10 000 GRT/month annual average;

(b)black hake trawlers and bottom longliners: 15 000 GRT/month annual average;

(c)pelagic trawlers and seiners: 9 000 GRT/month annual average;

(d)pot vessels (crawfish): 1 950 GRT/month annual average.

Vessels with licences for crawfish fishing may keep on board no fishing gear other than pots. These vessels are not authorized for live-bait fishing. In addition, crawfish fishing shall be prohibited between 1 July and 30 September each year, since this is the height of the breeding season for these species.

It has also been agreed that the crawfish fishing opportunities offered to the Communities represent the maximum fishing effort currently possible given the state of stocks. The fishing effort may be reviewed in the Joint Committee on the basis of the results of the scientific assessment provided for in Article 4. If the effort is increased, the Community will be given first refusal on the additional rights after the requirements of the national fleet have been met.

2.Vessels fishing for highly migratory species:

- pole-and-line tuna vessels and surface longliners: 38 vessels,

-freezer tuna seiners: 25 vessels.

3.Live-bait fishing:

pole-and-line tuna vessels are also authorized to fish with live bait where required to carry out their fishing trips within the limits and under the conditions (zones and mesh sizes) laid down in the Annex to the Agreement .

Article 2

1. The financial compensation referred to in Article 6 of the Agreement shall be, for the period referred to in Article 1, ECU 27 750 000, payable in three annual instalments.

2. The use to which this compensation is put shall be the sole responsibility of Mauritania.

3. The compensation shall be paid into an account opened with a financial institution or any other body designated by Mauritania .

Article 3

Demersal trawling fishing rights will be offered to Community vessels if Mauritania decides, taking account of stock levels, to reopen this type of fishing to vessels other than those of the national fleet. In such a case, the financial compensation referred to in Article 2 shall be increased proportionately pro rata temporis .

Article 4

The Community shall contribute during the period referred to in Article 1 the sum of ECU 900 000 towards the financing of scientific and technical programmes to improve biological and fishery resource information as regards the Mauritanian fishing zone.

Part of this amount shall be used to carry out a scientific assessment of crawfish stocks.

These programmes shall be drawn up by the CNROP and submitted to the Community, which will participate in their implementation. Once the content of the programmes has been approved by both Parties, the corresponding amounts shall be paid into an account indicated by the Mauritanian authorities by the dates specified in the programmes.

The Mauritanian authorities must report regularly on the implementation of the approved programmes and the results obtained. The Community reserves the right to request any further scientific information from the other Party.

Article 5

1. The Community shall make it easier for nationals of Mauritania to find places in establishments in its Member States and shall provide for that purpose awards for study and practical training in the various scientific, technical and economic disciplines relating to fisheries. Such awards may also be used in all countries linked to the Community by a Cooperation Agreement.

The Community shall contribute to the costs of participating in international meetings or training courses on fisheries.

2. The cost of these measures may not exceed ECU 360 000. This sum shall be paid as and when it is needed.

Article 6

Should the Community fail to make the payments provided for in Articles 2 and 4, the application of this Protocol may be suspended.

Article 7

The Parties agree to encourage cooperation in the field of fisheries. They shall encourage the integration of Community and Mauritanian concerns through associations of mutual interest to exploit fisheries resources and process and market fishery products. To this end, the Joint Committee shall examine appropriate measures.

Article 8

The Annex to the Agreement between the European Economic Community and the Islamic Republic of Mauritania on fishing off the coast of Mauritania is hereby repealed and replaced by the Annex to this Protocol.

Article 9

This Protocol shall enter into force on the date which it is signed. It shall apply with effect from 1 August 1990.

ANNEX

CONDITIONS FOR THE EXERCISE OF FISHING ACTIVITIES BY COMMUNITY VESSELS IN MAURITANIA'S FISHING ZONE

A. Licence applications and issuing formalities

(a) The Commission of the European Communities shall, via its delegation in Mauritania, present to the Mauritanian fishery authorities a licence application in respect of each vessel, drawn up by shipowners wishing to fish under the Agreement, at least 20 days before the date of commencement of the period of validity requested. The applications shall be made on the forms provided for that purpose by Mauritania, a specimen of which is shown in Appendix I. Licence applications shall be accepted only if accompanied by proof of payment of the fee for the period of the licence's validity. The fees shall include all national and local charges except for the cost referred to at (b).

In addition, in the case of freezer tuna seiners, a tonnage certificate must be attached to the licence application form.

(b) Before receiving a licence, each vessel, with the exception of freezer tuna seiners, must be presented at the port of Nouadhibou for inspection in accordance with the rules and regulations in force. This inspection shall be carried out within 48 hours of the vessel's arrival in port. The expenses incurred shall be borne by the shipowner and may not be higher than those usually paid by other vessels for the same services.

(c)Licences shall be issued for a given vessel. At the request of the Commission of the European Communities, a licence issued for one vessel may in a case of force majeure be replaced by a licence for another Community vessel having the same characteristics. In such a case, the owner of the vessel to be replaced shall return the licence to the Ministry responsible for maritime fisheries via the Delegation of the Commission of the European Communities in Mauritania.

The new licence shall indicate:

- the date of issue,

-the fact that this licence cancels and replaces that of the first vessel.

No fee shall be due for the period of validity remaining.

Licences issued to seiners and pelagic trawlers shall be transferable from one ship to another at the request of the Community, provided that the payment for the year in question is made at the issue of the first licence.

Where such a transfer is made, the Community shall apply for a licence for the replacement vessel, indicating the name of the vessel to be replaced and the date on which the transfer is to take effect.

(d)The licence shall be delivered to the master of the vessel or his representative by the Mauritanian authorities within 20 days of receipt of proof of payment of the fee. The Delegation of the Commission of the European Communities in Mauritania shall be notified of delivery.

(e)The licence must be held on board at all times.

(f)The Mauritanian authorities shall specify the bank account and currencies to be used for payment of fees before the entry into force of the Agreement.

B.Validity of licences and payment of fees by shipowners

1.Provisions applicable to tuna vessels and surface longliners

(a)Licences for these vessels shall be issued for periods of 12 months.

(b)The fee to be paid by the shipowner shall be set at ECU 20 per tonne caught within the Mauritanian fishing zone.

(c)Licences shall be issued following payment to the Mauritanian treasury of a lump sum of ECU 2 000 a year for each pole-and-line tuna vessel and each surface longliner and ECU 1 000 a year for each freezer tuna seiner, equivalent to the fees for:

- 100 tonnes of tuna a year in the case of pole-and-line tuna vessels,

-100 tonnes per year of species caught by surface longliners,

-50 tonnes of tuna per year caught by freezer tuna seiners.

The final statement of the fees due for the fishing period shall be drawn up by the Commission of the European Communities at the end of each calendar year on the basis of the catch statements made by each shipowner and confirmed by the scientific institutes responsible for verifying catch data such as the French Office de la recherche scientifique et technique d'outre-mer (Orstom) and the Instituto Español de Oceanografía (IEO) on the one hand and the Centre National de Recherche Océanographique et des Pêches (CNROP) on the other.

This statement shall be forwarded simultaneously to the Mauritanian sea-fishing services and to the shipowners not later than 30 April of the following year. Any additional payment due shall be made by the shipowners to the Mauritanian sea-fishing services no later than 30 days after notification of the final statement.

However, if the amount of the final statement is lower than the abovementioned advance, the resulting balance shall not be reimbursable to the shipowner.

In addition, ships' masters shall keep a logbook for each fishing period in Mauritania's fishing zone in accordance with the specimen in Appendix II.

2.Provisions applicable to other vessels

(a)Licences for these vessels shall be issued for periods of 12 months. They shall be renewable.

(b)The licence fees to be paid by shipowners, expressed in ecus per gross registered tonnage per year, are as follows:

(a) fishing vessels specializing in crustaceans with the exception of crawfish: 276;

(b)black hake trawlers and bottom long-liners: 142;

(c)pelagic trawlers and seiners: 110;

(d)pot vessels (crawfish): 242.

C.Statement of catch

1.All vessels authorized to fish in Mauritania's fishing zone under the Agreement, with the exception of tuna vessels and longliners, shall be obliged to forward a statement of their catch, made out according to the specimen in Appendix III, to the Ministry for Fisheries and the Economy of the Sea, via the Delegation of the Commission of the European Communities at Nouakchott.

These statements of catch must be drawn up for each month and sent at least once every six months. They must be completed legibly and be signed by the master of the vessel.

2.Should these provisions not be adhered to, Mauritania reserves the right to suspend the licence of the offending vessel until the required formality has been complied with. In this case, the Delegation of the Commission of the European Communities at Nouakchott shall be informed without delay.

D.Signing-on of seamen

1.With the exception of freezer tuna seiners, owners of Community vessels engaged in activities in Mauritania's fishing zone shall employ Mauritanian fishermen and seamen to make up 35 % of the non-officer crew engaged in manning the vessel or fishing operations at the rates of pay applicable to seamen on Mauritanian vessels.

2.However, for the duration of this Protocol, the percentage of fishermen and seamen actually taken on board may not be lower than 25 %. In this case, shipowners are required to pay compensation to the Mauritanian authorities of ECU 200 per month for each seaman of the number constituting the difference between the 35 % quota and the number of seamen actually employed on board; such compensation shall be used for the training of Mauritanian fishermen.

3.At the request of the Mauritanian authorities, Community vessels shall take on board a fisherman/scientific observer as part of the compulsory percentage taken on board.

The presence of this fisherman/scientific observer may not prejudice fishing operations.

4.Shipowners shall be free to choose which Mauritanian sailors they take on board their vessels. The Mauritanian authorities shall therefore keep an up-to-date list containing an adequate number of sailors.

5.The employment contracts of the fishermen shall be drawn up in Mauritania between the shipowners or their representatives and the fishermen in agreement with the Mauritanian fisheries authorities. These contracts shall cover the social security arrangements applicable to the fishermen (including life, accident and sickness insurance).

6.The provisions relating to the signing-on of seamen shall be studied in detail at the first meeting of the Joint Committee. It will examine, in particular, the possibility of taking on board trainee officers with a view to the completion of their practical training.

E.Inspection and monitoring of fishing activities

Any Community vessel fishing in Mauritania's fishing zone shall allow on board and assist in the accomplishment of his duties any Mauritanian official responsible for inspecting and monitoring fishing activities.

These officials should not remain on board any longer than the time required to carry out their duties.

F.Entering and leaving the zone

Community vessels, except those of less than 150 GRT, fishing in Mauritania's fishing zone under the Agreement shall inform the headquarters of the Commande des Pêches (DCP) at Nouadhibou of the date, time and their position whenever entering or leaving the Mauritanian fishing zone. In addition, pole-and-line tuna vessels shall radio to the same station 24 hours in advance their intention to fish with live bait in the zones demarcated for this purpose. G. Fishing zones

The fishing zones to which Community vessels shall have access are the waters referred to in Article 1 of the Agreement beyond the following limits:

- for fishing vessels specializing in crustaceans, with the exception of crawfish:

north of latitude 19°21&(BLK0)prime; N: nine nautical miles from the base line of Cap Blanc-Cap Timiris,

south of latitude 19°21&(BLK0)prime; N: six nautical miles from the low water mark,

during a period laid down annually by decree of the Minister responsible for sea fishing, north of lattitude 19°21&(BLK0)prime; N the line between the following points:

20°46&(BLK0)prime; N 17°03&(BLK0)prime; W,

19°50&(BLK0)prime; N 17°03&(BLK0)prime; W,

19°21&(BLK0)prime; N 16°45&(BLK0)prime; W,

-for black hake trawlers and bottom long-liners:

north of latitude 19°21&(BLK0)prime; N, the line between the following points:

20°36&(BLK0)prime; N 17°36,0&(BLK0)prime; W,

20°03&(BLK0)prime; N 17°36,0&(BLK0)prime; W,

19°50&(BLK0)prime; N 17°12,8&(BLK0)prime; W,

19°50&(BLK0)prime; N 17°03,0&(BLK0)prime; W,

19°04&(BLK0)prime; N 16°34,0&(BLK0)prime; W,

south of latitude 19°21&(BLK0)prime; N, the 18 nautical mile line measured from the low water mark,

-for pelagic trawlers and seiners:

for the zone from Cap Blanc to latitude 19°21&(BLK0)prime; N, the line between the following points:

20°46,3&(BLK0)prime; N 17°03,0&(BLK0)prime; W,

20°10,7&(BLK0)prime; N 17°24,2&(BLK0)prime; W,

19°50,0&(BLK0)prime; N 17°12,8&(BLK0)prime; W,

19°43,0&(BLK0)prime; N 16°58,0&(BLK0)prime; W,

19°21,0&(BLK0)prime; N 16°45,0&(BLK0)prime; W,

south of latitude 19°21&(BLK0)prime; N the 12 nautical mile line measured from the low water mark,

-for pot vessels (crawfish):

north of latitude 19°21&(BLK0)prime; N: 20 nautical miles from the base lines of Cap Blanc-Cap Timiris,

south of latitude 19°21&(BLK0)prime; N: 15 nautical miles from the low water line,

-for pole-and-line tuna vessels and surface longliners:

north of latitude 19°21&(BLK0)prime; N: 15 nautical miles from the base lines of Cap Blanc-Cap Timiris,

south of latitude 19°21&(BLK0)prime; N: 12 nautical miles from the low water line,

-for freezer tuna seiners:

north of latitude 19°21&(BLK0)prime; N: 30 nautical miles from the base lines of Cap Blanc-Cap Timiris,

south of latitude 19°21&(BLK0)prime; N: 30 nautical miles from the low water line,

-for pole-and-line tuna vessels fishing with live bait:

north of latitude 19°21&(BLK0)prime; N: three nautical miles from the base lines of Cap Blanc-Cap Timiris,

south of latitude 19°21&(BLK0)prime; N: three nautical miles from the low water line.

H.By-catch

The by-catch (expressed as a proportion of the total weight of the catch) which may be held on board the Community vessels specified below operating in Mauritanian waters may not exceed the following percentages:

-fishing vessels specializing in crustaceans with the exception of crawfish: 10 %, of which 0 % cephalopods,

-black hake trawlers and bottom long-liners: 35 %, of which 0 % shrimps and cephalopods,

-pelagic trawlers: 3 %,

-pelagic seiners: 10 %.

I.Authorized mesh sizes

The minimum mesh sizes authorized are the following:

-fishing vessels specializing in crustaceans with the exception of crawfish: 40 mm,

-black hake trawlers: 60 mm,

-pelagic seiners: 20 mm,

-pelagic trawlers: 30 mm,

-pole-and-line tuna vessels fishing with live bait: 8 mm,

-tuna seiners: the standards recommended by ICCAT shall apply.

J.Seizure and detention of vessels

The seizure or detention, under the terms of the applicable Mauritanian legislation, of a fishing vessel flying the flag of a Member State of the Community shall be notified to the Delegation of the Commission of the European Communities in Mauritania within 48 hours and simultaneously to the consular agent of the Member State whose flag the vessel flies.

The circumstances and reasons which led to the seizure or detention shall be brought to the attention of the Delegation of the Commission of the European Communities in Mauritania.

K.Transhipment of catches

The Joint Committee shall study the possibility of transhipments for fishing vessels specializing in crustaceans with the exception of crawfish at its first meeting. Appendix I>TABLE>

Appendix II

TUNA BOATS FISHING LOG BOOK

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Appendix III>TABLE>