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

Article 1

Period of application and fishing opportunities

1. For a period of two years from 1 August 2006, the fishing opportunities granted under Articles 5 and 6 of the Agreement shall be as laid down in the table attached to this Protocol. These opportunities form part of the overall fishing effort shown in Annex III laid down by the Mauritanian authorities on the basis of available scientific advice and regularly updated.

2. Paragraph 1 shall apply subject to Articles 4 and 5 of this Protocol.

3. Under Article 6 of the Agreement, vessels flying the flag of a Member State of the European Community may fish in Mauritanian fishing zones only if they are in possession of a fishing licence issued under this Protocol in accordance with the Annexes hereto.

Article 2

Financial contribution — Methods of payment

1. The financial contribution referred to in Article 7 of the Agreement shall be fixed at EUR 86 million per year [1], of which EUR 11 million per year shall be allocated by Mauritania to financial support for the implementation of the national fisheries policy, as provided for in Article 7(1)(b) of the Agreement, including EUR 1 million per year financial support for the Banc d'Arguin National Park (PNBA), for the period referred to in Article 1 of this Protocol.

2. Paragraph 1 shall apply subject to Articles 4, 5, 6, 7, 9, 10 and 13 of this Protocol.

3. The Community shall pay the financial contribution no later than 31 December 2006 in the first year and no later than 1 August in the following years.

4. The financial contribution shall be paid into a single account held by the Islamic Republic of Mauritania's Public Treasury with the Central Bank of Mauritania, the references of which shall be communicated by the Ministry.

5. Subject to Article 6 of this Protocol, the allocation of this contribution and of the support for the PNBA shall be decided within the framework of the Mauritanian finance act and the Mauritanian State shall have full discretion regarding the use to which it is put.

Article 3

Scientific cooperation

1. The two Parties undertake to promote responsible fishing in Mauritanian fishing zones on the basis of the principles of sustainable management.

2. During the period covered by this Protocol, the two Parties shall cooperate to develop certain issues relating to the state of resources in Mauritanian fishing zones; to this end a Joint Scientific Committee shall meet at least once a year, in accordance with Article 4(1) of the Agreement. At the request of one of the Parties and where needed within the framework of this Agreement, other meetings of this Scientific Committee may also be convened.

3. Based on the conclusions of the work of the Joint Scientific Committee and the best available scientific advice, the two Parties shall consult each other within the Joint Committee provided for in Article 10 of the Agreement and, where necessary and by mutual agreement, adopt measures to ensure the sustainable management of fisheries resources.

4. The remit of the Joint Scientific Committee shall cover in particular the following activities:

(a) drawing up an annual scientific report on the fisheries covered by this Agreement;

(b) identifying and implementing an annual programme dealing with specific scientific issues in order to improve understanding of the state of resources and changes to ecosystems;

(c) studying, under a procedure agreed by consensus within the Committee, scientific questions which arise in the course of implementing this Agreement;

(d) carrying out, among other things, and as required, exploratory fishing trips to determine the fishing opportunities and exploitation options which guarantee the conservation of resources and their ecosystem.

Article 4

Review of fishing opportunities

1. The fishing opportunities referred to in Article 1 of this Protocol may be increased by mutual agreement provided that the conclusions of the Joint Scientific Committee referred to in Article 4(1) of the Agreement confirm that such an increase will not endanger the sustainable management of Mauritania's resources. In this case the financial contribution referred to in Article 2(1) of this Protocol shall be increased proportionately and pro rata temporis. However, the total amount of the financial contribution paid by the European Community shall not be more than twice the amount indicated in Article 2(1) of this Protocol and shall remain proportionate to the increase in fishing opportunities.

2. Conversely, if the Parties agree to adopt measures as referred to in Article 3(3) of this Protocol resulting in a reduction in the fishing opportunities provided for in Article 1 of this Protocol, the financial contribution shall be reduced proportionately and pro rata temporis. Without prejudice to Article 6 of this Protocol, this financial contribution could be suspended by the Community if it is not possible to use the fishing opportunities provided for in this Protocol.

3. The allocation of the fishing opportunities among different categories of vessels may also be reviewed by mutual agreement between the Parties, provided that any changes comply with recommendations made by the Joint Scientific Committee regarding the management of stocks liable to be affected by such redistribution. The Parties shall agree on the corresponding adjustment of the financial contribution where the redistribution of fishing opportunities so warrants.

4. The adjustments of fishing opportunities provided for in paragraphs 1, 2 and 3 shall be decided by mutual agreement between the two Parties in the Joint Committee provided for in Article 10 of the Agreement.

Article 5

Exploratory fishing

1. The Parties may carry out exploratory fishing trips in Mauritanian fishing zones, subject to an opinion by the Joint Scientific Committee provided for in Article 4 of the Agreement. To this end, they shall hold consultations whenever one of the Parties so requests and determine, on a case-by-case basis, relevant new resources, conditions and other parameters.

2. Authorisations to carry out exploratory fishing shall be granted for test purposes for a period of no more than six months and in accordance with Article 6(2) of the Agreement. They shall be subject to the payment of a fee.

3. Where the Parties conclude that the exploratory fishing trips have produced positive results, while preserving ecosystems and conserving living marine resources, new fishing opportunities may be awarded to Community vessels following the consultation procedure provided for in Article 4 of this Protocol and until the expiry of the Protocol and in accordance with the allowable effort. The financial contribution shall be increased in accordance with Article 4.

4. Exploratory fishing shall be carried out in close collaboration with the Mauritanian Institute of Oceanographic Research and Fisheries (IMROP). IMROP shall decide the composition of the team of researchers and observers to be taken on board. Their expenses shall be borne by the shipowners. The data produced by exploratory fishing shall be the subject of a report by IMROP which shall be communicated to the Ministry.

5. Catches made during exploratory fishing shall be the property of the shipowner. Catches of species of a non-regulatory size and species which may not be fished, kept on-board or sold under Mauritanian law shall be prohibited.

6. Unless otherwise provided by mutual agreement between the two Parties, vessels operating under exploratory fishing arrangements shall land all their catches in Mauritania.

Article 6

Contribution of the Fisheries Partnership Agreement to the implementation of Mauritania's sectoral fisheries policy

1. The financial support referred to in Article 7(1)(b) of the Agreement amounts to EUR 11 million per year in accordance with Article 2(1) of this Protocol. This financial support shall contribute to the development and implementation of the Stratégie Nationale de Développement durable du secteur des Pêches et de l'Economie Maritime de Mauritanie (national strategy for the sustainable development of Mauritania's fisheries sector and marine economy) with a view to introducing responsible fishing in its waters, and in particular to the areas of activity listed in paragraph 3 below and detailed in Annex IV and to the PNBA.

2. Mauritania shall be responsible for managing the amount corresponding to the financial support referred to in paragraph 1 above, in the light of objectives identified by mutual agreement between the two Parties and of the programming to attain them.

3. Notwithstanding the objectives identified by the two Parties and in accordance with the priorities of the Stratégie Nationale de Développement durable du secteur des Pêches et de l'Economie Maritime de Mauritanie and with a view to ensuring sustainable and responsible management of the sector, the two Parties agree to focus on the following areas of assistance:

(a) improving governance in the field of fisheries:

- support for the controlled development of small-scale and coastal fisheries, in particular by setting up, monitoring and evaluating fisheries development plans,

- programmes to promote a better understanding of fishery resources,

- support for fishing effort management,

- setting up specially adapted laboratories within the IMROP, modernising their equipment and developing systems for computerising and analysing statistics;

(b) accelerating the integration of the fisheries sector into Mauritania's national economy:

- developing infrastructure, in particular port infrastructure, by means of investment programmes such as the refurbishment of the port of Nouadhibou and Nouakchott fish market for unloading catches from small-scale fishing,

- financial support for the restructuring of the Mauritanian industrial fleet,

- setting up a programme of modernisation of the small-scale fishing fleet to help it meet health and safety standards, including initiatives such as the replacement, in the long term, of wooden canoes with canoes made of more suitable materials which include means of conserving the catch,

- setting up programmes of support and investment with a view to improving fisheries surveillance, such as the creation of mooring pontoons in ports for use by the surveillance authority and IMROP only, and setting up a training programme adapted to monitoring techniques and technologies, in particular VMS,

- implementing programmes and initiatives to promote fisheries products, in particular through measures to improve the health and plant-health conditions of the products landed and processed;

(c) developing capacities in the sector and improving governance:

- setting up a programme of training and support for improving safety at sea and rescue services, in particular for the small-scale fleet,

- setting up support programmes for the technical services of Mauritania's Ministry of Fisheries and the Marine Economy involved in managing the sector,

- setting up an action plan to improve the effectiveness of the services involved in managing the sector,

- setting up and developing the system for managing licences and monitoring vessels.

Article 7

Methods of implementing the support for Mauritania's sectoral fisheries policy

1. Without prejudice to Article 6(3) of this Protocol, the European Community and the Ministry shall agree, within the Joint Committee provided for in Article 10 of the Agreement, in accordance with the guidelines laid down in Annex IV and from the entry into force of the Protocol, on:

(a) the annual and multiannual guidelines steering the implementation of the priorities of Mauritanian fisheries policy aiming to introduce responsible fishing, and in particular those referred to in Article 6(3) of this Protocol;

(b) the annual and multiannual objectives to be achieved and the criteria and indicators to be used to permit an evaluation of the results obtained, on an annual basis.

2. Any amendment of these guidelines, objectives, criteria and evaluation indicators shall be approved by the two Parties within the Joint Committee.

3. For the first year of application of this Protocol, the allocation by Mauritania of the financial support referred to in Article 6(1) of this Protocol shall be notified to the European Community at the time when the guidelines, objectives, criteria and evaluation indicators are approved within the Joint Committee. For each of the following years, the Ministry shall notify the European Community of this allocation no later than 30 September of the previous year.

4. No later than three months after the anniversary date of the entry into application of this Protocol, the Ministry shall transmit to the Delegation an annual report on the implementation of the results achieved and any difficulties encountered.

The Commission reserves the right to request additional information on these results from the Mauritanian authorities so as to launch consultations with the Mauritanian authorities within the Joint Committee provided for in Article 10 of the Agreement, in order to adopt corrective measures which allow the given objectives to be achieved.

Article 8

Economic integration of Community operators in the Mauritanian fisheries sector

1. The two Parties shall undertake to promote the economic integration of Community operators into the fisheries sector in Mauritania as a whole.

2. In order to develop the fresh products sector, by way of an incentive Mauritania shall grant Community operators landing fish in Mauritanian ports (in particular for the purposes of sales to local industries, adding value to these products in Mauritania or transporting catches made in Mauritanian fishing zones by land) a reduction in the amount of fees, in accordance with Annex I to this Protocol and with the relevant Mauritanian law.

3. The two Parties shall also decide to set up a task force to identify obstacles to direct Community investment in the fisheries sector in Mauritania, and the opportunities for such direct investment or possibilities of supporting such investment, and the measures easing the conditions governing it.

Article 9

Disputes — suspension of application of the Protocol

1. Any dispute between the Parties over the interpretation of this Protocol and its Annexes or its application shall be the subject of consultations between the Parties within the Joint Committee provided for in Article 10 of the Agreement, in a special meeting if necessary.

2. Application of the Protocol may be suspended at the initiative of one of the Parties if the dispute between the two Parties is deemed to be serious and if the consultations held within the Joint Committee under paragraph 1 have not resulted in an amicable settlement.

3. Suspension of application of the Protocol shall require the interested Party to notify its intention in writing at least three months before the date on which suspension is due to take effect.

4. By way of derogation from the suspension procedure provided for in paragraphs 1, 2 and 3, the Community reserves the right to suspend application of the Protocol immediately in the event of failure by Mauritania to comply with commitments made with regard to implementation of its sectoral fisheries policy. Such suspension shall immediately be notified to the Mauritanian authorities.

5. 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 shall be reduced proportionately and pro rata temporis according to the period during which application of the Protocol was suspended.

Article 10

Suspension of application of the Protocol on grounds of non-payment

Subject to Article 4, if the European Community fails to make the payments provided for in Article 2, application of this Protocol may be suspended on the following terms:

(a) The Ministry shall notify the European Commission of the non-payment. The Commission shall carry out the necessary checks and, where necessary, transmit the payment within no more than 30 working days of the date of receipt of the notification.

(b) If no payment is made and non-payment is not adequately justified within the period provided for in paragraph (a), the competent Mauritanian authorities shall be entitled to suspend application of this Protocol. They shall inform the European Commission of such action forthwith.

(c) Application of the Protocol shall resume as soon as the payments concerned have been made.

Article 11

National law

Notwithstanding the provisions of the Agreement, the activities of vessels operating under this Protocol and its Annexes, in particular landing, transhipment, the use of port services and the purchase of supplies, or any other activity shall be governed by the national laws and regulations in force in Mauritania.

Article 12

Duration

This Protocol and its Annexes shall apply for a period of two years from 1 August 2006. They may be renewed twice, each time for a period of two years, on the basis of tacit agreement between the Parties, unless notice of termination is given in accordance with Article 13.

Article 13

Termination

1. In the event of termination of the Protocol, the Party concerned shall notify the other Party of its intention to withdraw from the Protocol in writing at least six months before the date of expiry of the initial period or each additional period.

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

Article 14

Entry into force

This Protocol with its Annexes shall enter into force on the date of the entry into force of the Agreement.

[1] Plus the sum of the contributions to be paid by shipowners as provided for in Chapter III of Annex I, paid directly to Mauritania into the account provided for in Chapter IV of Annex I, which is estimated at EUR 22 million per year.

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