ANNEX

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

CHAPTER I

GENERAL PROVISIONS

1. Designation of competent authority

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

(a) for the Union: the European Commission, where applicable via the Delegation;

(b) for Mauritius: the Ministry responsible for the subject of fisheries.

2. Application of this Protocol and its Annex

All provisions of this Protocol and its Annex shall apply exclusively beyond 15 nautical miles from the baseline of Mauritius.

Information relating to other areas closed to navigation and fishing shall be provided to the Union, and any subsequent amendment must be communicated at least two months before its entry into force.

3. Bank account for payments by shipowners

Mauritius shall notify the Union before the date of provisional application of this Protocol of the details of the Mauritian Public Treasury bank account(s) into which the fees and financial sums payable by Union vessels under the Agreement are to be paid. The associated bank transfer costs shall be borne by shipowners.

CHAPTER II

PERIOD OF VALIDITY, APPLICATION AND ISSUING OF FISHING AUTHORISATIONS

Period of validity of a fishing authorisation

1. Fishing authorisations shall be valid for one complete calendar year and shall be renewable. In order to determine the start and end of the period of validity, "annual period" shall mean: (a) for the first year of application of this Protocol, the period between the date of its entry into force and 31 December of the same year; (b) for the last year of application of this Protocol, the period between 1 January and the date of expiry of this Protocol. For the first and for the last year of this Protocol, the advance payment fee shall be calculated on a pro rata temporis basis.

Condition for obtaining a fishing authorisation - eligible vessels

2. Only Union vessels found to be eligible by the Union may obtain a fishing authorisation to fish in Mauritius waters under this Protocol.

3. For a Union vessel to be eligible, the following conditions shall be fulfilled: (a) the owner, the master and the vessel itself are not prohibited from fishing in Mauritius waters; (b) the owner, the master and the vessel itself comply with the laws of Mauritius and have fulfilled all prior obligations arising from their fishing activities in Mauritius waters under the Agreement; (c) the vessel is included on the IOTC record of authorised vessels and is not included on the IUU list of the IOTC or any other RFMO; and (d) the fishing authorisations referred to in Article 6 of the Agreement are issued on condition that the vessel complies with Regulation (EU) 2017/2403 of the European Parliament and of the Council.

Application for a fishing authorisation

4. The Union shall submit to the competent Mauritius authorities an application for a fishing authorisation for each Union vessel under the Agreement at least 21 calendar days before the start of the period of validity requested. The electronic transmission of the applications of fishing authorisations and their issuing may be carried out via the "LICENCE system", meaning the electronic fishing authorisation management system made available by the European Commission

5. Each application for a fishing authorisation shall contain the information listed in Appendix 1 and the following documents: (a) the proof of payment of the advance fee for the period of validity of the fishing authorisation requested, which is non-refundable; (b) a recent digital colour photograph of adequate resolution of the vessel, showing a detailed lateral view of the vessel including the vessel's name and identification number clearly visible on the hull; (c) the flag registration certificate.

6. The advance fees shall be paid into a specific State account of the Accountant General of Mauritius, details of which will be provided by Mauritius. The advance payment fees include all non-operational charges.

7. For renewal of a fishing authorisation under this Protocol in force for a vessel whose technical specifications have not been modified, the renewal application shall only contain the information set out in Appendix 1 and the proof of payment of the fee.

Issuing of a fishing authorisation

8. Mauritius authorities shall issue fishing authorisations for all authorised vessels and provide the signed original authorisations to the shipowners or their agent within 21 calendar days of receiving the full application referred to in point 5 by the competent authority. After the issuance of the fishing authorisation, Mauritius authorities shall promptly upload a copy of the signed original in the LICENCE system when the system is fully operational.

9. An authorised Union vessel shall keep on board the original fishing authorisation. Nevertheless, an electronic version of the fishing authorisation may be used for a maximum period of 60 calendar days after the issuing date of that fishing authorisation. During that period, the copy shall be considered equivalent to the original. After that period of 60 days, the original of the fishing authorisation shall be held on board at all times.

Transfer of fishing authorisation

10. The fishing authorisation shall be issued for a specific vessel and shall not be transferable, except in cases of force majeure.

11. Where force majeure is acknowledged by both Parties, at the request of the Union a fishing authorisation may be replaced by a new authorisation, issued for another similar vessel or a substitute vessel of the same fishing category as the vessel being replaced, without payment of a new advance fee. In such a case, the statement of fees for Union vessels referred to in point 21 of Chapter III shall take into account the total catch of the two vessels in Mauritius waters.

12. In the event of a transfer, the fishing authorisation to be replaced shall be returned by the shipowner or its agent in Mauritius and a replacement authorisation shall immediately be drawn up by Mauritius. The replacement authorisation shall be issued without further delay to the shipowner or its agent when the authorisation to be replaced is returned.

13. The replacement authorisation shall take effect on the day on which the cancelled authorisation is returned to the competent Mauritius authorities. In such a case, Mauritius shall update the list of authorised vessels without delay and send it to the Union. The Delegation shall be informed without delay by the competent Mauritius authorities of the transfer of the fishing authorisation.

Malfunction of the LICENCE system

14. Where difficulties arise in the transmission of information in the LICENCE system between the European Commission and Mauritius, electronic exchanges of fishing authorisations shall be made via email until the system is operational again.

Supply vessels

15. Mauritius authorities shall authorise Union vessels which are holders of a fishing authorisation to be assisted by authorised supply vessels. Supply vessels must fly the flag of a Member State of the Union and must not be equipped for fishing or to be used for transhipments.

16. The support provided must not include refuelling or transhipment of catches.

17. The number of authorised Union supply vessels for the number of authorised Union purse seine vessels in operation shall be in compliance with relevant IOTC resolutions. In addition, reporting requirements shall comply with relevant IOTC obligations and other relevant national legislation.

18. The supply vessels flying the flag of a Member State of the Union shall be subject to the same procedures governing the obtaining and transmission of fishing authorisation applications as set out in this Chapter, to the extent applicable to them.

Provisional list of authorised vessels

19. Upon receipt of the applications of the fishing authorisation, a provisional list of applicant vessels may be drawn up for each category of vessel, including supply vessels, and may be sent by email promptly to the Union and the Delegation by the Mauritian competent authority.

20. The Union shall forward the provisional list to the shipowner or its agent. If the Union offices are closed, Mauritius may send the provisional list directly to the shipowner or its agent with a copy to the Delegation.

Documents to be carried on board

21. While in Mauritius waters or in Mauritius port, the following documents must be carried on board the fishing vessel at all times: (a) a fishing authorisation; (b) documents issued by a competent authority of the flag State of the fishing vessel, showing: — the vessel certificate of registry, including the number under which the fishing vessel is registered; — up-to-date certified drawings or descriptions of the layout of the fishing vessel and, in particular, the number of fish holds of the fishing vessel, with the storage capacity expressed in cubic metres; (c) if any modification was made to the characteristics of the fishing vessel with respect to its length overall, gross registered tonnage, engine power or hold capacity, a certificate, certified by a competent authority of the flag State of the fishing vessel, describing the nature of such modification; and (d) the seaworthiness certificate of the vessel.

Advance fee payment

22. The amount of the advance fee payment is set on the basis of the annual rate as follows. It shall include all local and national taxes with the exception of port taxes, landing taxes, transhipment taxes and charges for the provision of services which are levied as and when applicable

23. The fees to be paid by shipowners shall be calculated on the basis of a rate of EUR 80 per tonne of fish caught.

24. The annual advance fee to be paid by the shipowners at the time of application for a fishing authorisation to be issued by the Mauritian authorities shall be as follows: (a) Tuna purse seine vessels EUR 9 360, which is the equivalent of 117 tonnes of tuna and tuna-like species caught in Mauritius waters. (b) Long-line vessels (above 100 GT) EUR 4 560, which is the equivalent of 57 tonnes of tuna and tuna-like species caught in Mauritius waters. (c) Long-line vessels (below 100 GT) EUR 2 400, which is the equivalent of 30 tonnes of tuna and tuna-like species caught in Mauritius waters.

Supply vessels

25. The annual licence fee applicable to any authorised supply vessel shall be EUR 5 000 each.

CHAPTER III

CATCH REPORTING

ELECTRONIC FISHING LOGBOOK - ELECTRONIC REPORTING SYSTEM (ERS) RECORDING AND REPORTING

General provisions

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

2. Once the ERS is operational, the master of a Union vessel carrying out fishing activities under this Protocol shall keep an electronic fishing logbook integrated into the ERS.

3. Vessels not equipped with the ERS shall not be authorised to enter Mauritius waters in order to engage in fishing activities. Where the provisions concerning catch reporting are not complied with, Mauritius may suspend the fishing authorisation of the vessel concerned until the missing catch report is obtained and take any action against the shipowner in accordance with the relevant provisions under the national legislation in force. If the offence is repeated, Mauritius may refuse to renew the fishing authorisation. Mauritius shall inform the Union immediately of any sanction applied in that context.

4. The master shall be responsible for the accuracy of the data recorded. The fishing logbook shall comply with the relevant IOTC resolutions and recommendations and shall be transmitted in accordance with the UN/FLUX standard referred to in Appendix 3.

5. The flag State and Mauritius shall ensure that they have the necessary IT equipment and software to automatically transmit ERS data. Otherwise, transmission shall be made by electronic mail.

6. The flag State shall ensure that the ERS data are received and recorded in a computer database enabling the data to be stored securely for a period of at least 36 months from the start of the trip.

7. The flag State's Fisheries Monitoring Centre (FMC) shall ensure that fishing logbooks are automatically made available through the ERS to Mauritius's FMC on a daily basis for the period during which the vessel is present in Mauritius waters, even in the event of a zero catch.

Electronic logbook data

8. The master shall forthwith record date and time of the point of entry into, and exit from, Mauritius waters once the ERS is operational.

9. Every day, the master shall record the estimated quantities of each species caught and kept on board or discarded into the sea, for each fishing operation. The recording of the estimated quantities of a species caught or discarded into the sea shall be made regardless of weight. If the vessel is present but does not carry out any fishing, the position of the vessel at noon Universal Time Coordinated (UTC) shall be recorded.

10. The fishing logbook data shall be transmitted automatically and on a daily basis to the FMC of the flag State. The information shall include at least the following: (a) the International Maritime Organization (IMO) or common fleet register (CFR) identification numbers and the name of the vessel; (b) a unique fishing trip identification number; (c) the FAO 3-alpha code of each species; (d) the relevant geographical area in which the catches were made; (e) the date and time of the catches; (f) the date and time of departure from and arrival at the port or point of entry into, and exit from, Mauritius waters; (g) the type of gear and technical specifications; (h) the estimated quantities of each species kept on board, in kilograms live weight or, where appropriate, the number of individual fish; and (i) the estimated quantities of each species discarded, in kilograms live weight or, where appropriate, the number of individual fish.

Technical breakdown or failure affecting the Union vessel's on-board recording and transmission of electronic reports

11. The flag State's and Mauritius's FMCs shall inform each other immediately of any event likely to affect the transmission of ERS data from one or more Union vessels.

12. If Mauritius's FMC does not receive the data to be transmitted by a Union vessel, it shall notify this to the flag State's FMC immediately. The flag State's FMC shall promptly investigate the reasons for this non-receipt of ERS data and inform Mauritius's FMC of the result of its investigations.

13. Where a failure occurs in the transmission between the Union vessel and the flag State’s FMC, the latter shall notify this immediately to the master or the operator of the Union vessel or, if they cannot be reached, to their representative. On receipt of this notification, the master of the vessel shall transmit the missing data to the competent authorities of the flag State, by any appropriate means of telecommunication, every day and no later than 23.59 UTC.

14. In the event of a failure of the electronic transmission system installed on board the vessel, the master or the operator of the vessel shall ensure that the ERS is repaired or replaced within ten days of detecting the failure. Once that deadline has passed, the Union vessel shall no longer be authorised to fish in Mauritius waters and must leave or call at Mauritius port within 24 hours. The Union vessel shall not be authorised to leave that port or to return to Mauritius waters until the FMC of its flag State has established that the ERS is again functioning correctly.

15. If the non-receipt of the ERS data by Mauritius is caused by the failure of the electronic systems under the supervision of the Union or Mauritius, the Party in question shall take any prompt action to resolve the problem rapidly. The other Party shall be notified once the problem has been resolved.

16. Every 24 hours, the flag State's FMC shall send Mauritius's FMC all ERS data received by the flag State since the last transmission, using any electronic means of communication available. The same procedure may be applied at the request of Mauritius in the case of maintenance operations lasting more than 24 hours and affecting the systems under the supervision of the Union. Mauritius shall inform its competent monitoring services so that Union vessels are not considered to be in breach of their obligation to transmit ERS data. The flag State's FMC shall ensure that the missing data are entered into the electronic database it keeps in accordance with point 6 of this Chapter.

17. The flag State and Mauritius shall each designate an ERS correspondent to act as the contact point for matters relating to the implementation of these provisions, notify each other of the contact details of their ERS correspondents and, where appropriate, update this information without delay.

Regular monitoring of catches

18. The Union shall provide Mauritius, before the end of each quarter, with catch data for each authorised Union vessel, and any other relevant information, corresponding to the previous quarter(s).

19. Mauritius shall provide, on a quarterly basis, catch data of authorised Union vessels obtained through logbooks as well as any other relevant information.

20. The Parties will jointly analyse the consistency of data sets on a regular basis and at the request of any of the Parties. In particular, Mauritius shall analyse these aggregated data and report any major inconsistencies with the catches in its waters reported in the fishing logbook received. The flag States shall conduct investigations and update data as necessary. Cases of persistent inconsistencies between data sources shall be submitted to the Joint Committee with a view to finding a solution. Those aggregated data shall be considered provisional until notification by the Union of the definitive annual statement referred to in point 21.

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

21. By 30 April each year at the latest, the Union shall provide aggregated data indicating the quantities per Union vessel, per month and per species, of catches made in Mauritius waters during the previous calendar year, together with a calculation of the fees due for each Union vessel.

22. Mauritius shall notify the Union of the receipt of the statement of fees and shall have 45 days to contest the data provided, on the basis of supporting evidence. Following that contestation, the Parties shall have one month to agree on the data. If no agreement is reached, the Parties shall consult each other by post or videoconference as soon as possible, or where appropriate within the Joint Committee. If Mauritius does not object within 45 calendar days, the final statement shall be considered to be adopted.

23. The Union shall immediately communicate the accounts validated by both Parties to shipowners to proceed with the necessary payments. Where the amount in the final statement is greater than the advance payment fee referred to in point 24 of Chapter II which was paid to obtain the fishing authorisation, the shipowner shall pay the outstanding balance into the relevant bank account by 31 July of the year in progress (or within 30 days from receipt of the statement). Where the final statement is less than the expected flat-rate fee, the remaining amount shall not be reimbursed to the shipowner. Mauritius shall monitor these payments and notify the Union of any delays or incomplete payments. At the same time, the Union shall endeavour that payments are made within the time limit set.

24. The validated statements shall be used to calculate the amount to be paid by the Union for any additional catches exceeding the reference tonnage for a full year, in accordance with Article 6(6) of this Protocol.

CHAPTER IV

LANDINGS AND TRANSHIPMENTS

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

2. The master of a Union vessel wishing to land or to tranship must notify Mauritius, at least 24 hours before landing or transhipment, of the following: (a) the IMO or CFR identification numbers and the name of the fishing vessel which must land or tranship; (b) the port of landing or transhipment; (c) the date and time scheduled for the landing or transhipment; (d) the quantity (expressed in kilograms of live weight or, if necessary, the number of individual fish) of each species to be landed or transhipped (identified by its FAO alpha-3 code); and (e) in the case of transhipment, the name and international radio call sign (IRCS) of the receiving vessel.

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

4. The transhipment operation is subject to a prior authorisation delivered by Mauritius to the master of the vessel or its agent within 24 hours after the notification referred to in point 2. The transhipment operation must be carried out in a Mauritian port authorised for that purpose.

5. The designated fishing port where transhipment operations are permitted in Mauritius is Port Louis.

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

CHAPTER V

CONTROL AND INSPECTION

Entering and leaving Mauritius waters

1. Any entry into or departure from Mauritius waters of a Union vessel holding a fishing authorisation must be notified to Mauritius within 12 hours prior to entry or exit. When notifying its entry or exit, the vessel shall notify in particular: (a) the date, time and point of passage scheduled; (b) the total quantity of each species held on board, as identified by its FAO alpha-3 code and expressed in kilograms of live weight or, if applicable, the number of individual fish; and (c) the product presentation.

2. Notification shall be made through the ERS or, failing that, by email to an email address communicated by Mauritius. Mauritius shall confirm receipt thereof immediately by return email.

3. Mauritius shall immediately inform the vessels concerned and the Union of any change to the email address or transmission frequency.

4. Any Union vessel found to be fishing in Mauritius waters without having previously notified its presence shall be considered to be an unauthorised fishing vessel.

5. While notifying entry or exit, Union vessels shall also communicate their position (latitude and longitude) at the time of communication and the tonnage and species in catches kept on board. Those communications shall be made through ERS, to the contact details provided by the competent Mauritius authorities.

Inspection in port or at sea

6. The inspection in port or while at sea in Mauritius waters of Union fishing vessels shall be carried out by authorised inspectors and authorised vessels of Mauritius who are clearly identified as being assigned to carry out fishing inspections and controls.

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

8. The master of the Union vessel shall allow the inspectors from Mauritius to come on board and shall cooperate with them during the inspection procedure.

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

10. Images (photos or videos) made during inspections shall be intended only for the authorities responsible for fisheries control and surveillance. Such images shall not be made public unless national legislation provides otherwise.

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

12. The signing of the inspection report by the master of the Union vessel shall be without prejudice to the Union vessel owner’s right of defence during any infringement procedure. If the master of the Union vessel refuses to sign that report, he or she shall specify the reasons for doing so in writing and the inspector shall write ‘refusal to sign’ on it. The authorised inspectors shall give a copy of the inspection report to the master of the Union vessel before leaving the vessel. Mauritius authorities shall inform the Union authorities of inspections carried out within 24 hours of their completion and of any infringements detected, and send the inspection report within a maximum of seven days. In the case of an infringement, a copy of the notification of the infringement shall be sent to the Union within seven days after the authorised officer’s return to port.

13. Mauritius authorities may authorise the Union authorities to participate in inspections as an observer.

14. Based on a risk assessment, the Parties may agree to carry out joint inspections on Union vessels, in particular during landing and transhipment operations, to ensure compliance with both Union and Mauritius legislation. In the exercise of their duties, the inspectors deployed by the Parties shall abide by the provisions on the conduct of inspections laid down respectively in the Union and Mauritius legislative frameworks. The Parties, in the context of their responsibilities as flag and coastal States, may decide to cooperate on follow-up actions, pursuant to their relevant legislation. In addition, upon request by the Union, Mauritius authorities may authorise fisheries inspectors from Member States of the Union to carry out inspections on Union vessels flying their flag within the limits of their competence under their national law.

Cooperation and participatory monitoring in the fight against IUU fishing

15. In order to strengthen the fight against IUU fishing, masters of Union fishing vessels shall report the presence of any vessels in Mauritius waters engaged in suspected IUU fishing activities, providing as much information as possible about what has been sighted. Sighting reports shall be sent without delay to Mauritius authorities and the competent authority of the flag Member State of the Union of the sighted vessel, which shall immediately transmit them to the Union or to the body designated by it.

16. Mauritius shall send to the Union any sighting report it has on Union fishing vessels engaged in activities which may constitute IUU fishing in Mauritius waters.

CHAPTER VI

SATELLITE-BASED VESSEL MONITORING SYSTEM (VMS)

Secure communication of position messages to Mauritius

1. The FMC of the flag State shall automatically send the position messages of the vessels concerned to the FMC of Mauritius. The FMC of the flag State, the European Commission and Mauritius shall exchange their contact email addresses and inform each other without delay of any change to those addresses.

Vessel position messages

2. Whilst in Mauritius waters, Union vessels holding a fishing authorisation issued under this Protocol must be equipped with a vessel monitoring system (VMS) to enable automatic and continuous communication of their position, every hour, to the FMC of their flag State. Each position message must contain: (a) the vessel identification; (b) the most recent geographical position of the Union vessel (expressed in longitude and latitude), with a margin of error of less than 500 metres, and with a confidence interval of 99 %; (c) the date and time (expressed in UTC) when the position was determined; and (d) the speed and the course of the vessel.

3. The FMC of the flag Member State of the Union shall ensure the automatic processing and, if necessary, the electronic transmission of the position messages. The position messages shall be recorded and stored securely in a computer database, for at least a period of three years by the FMC of the flag Member State of the Union.

4. The master of a Union vessel shall ensure at all times that the VMS installed on board the vessel is fully operational, and shall ensure the effective transmission of the data under point 1 to the FMC of its flag State.

5. The master shall be considered responsible for any proven tampering with the VMS that aims to disturb its operation or falsify its position messages.

6. Failure to comply with the provisions on VMS shall be regarded as an infringement and subject to the penalties provided for in Mauritius legislation.

7. The FMC of the flag State shall automatically and immediately transmit the position messages received to the Mauritius FMC. However, any Union vessel operating in Mauritius waters must be visible on the VMS system from the time of its entry and until its actual exit from that zone, or until it arrives in a Mauritius port.

8. VMS data shall be transmitted using the electronic means of communication operated by the European Commission for exchanging fisheries data in a standardised form.

9. The first position recorded after entry into Mauritius waters shall be identified by the code "ENT". All subsequent positions shall be identified by the code "POS", with the exception of the first position recorded after exit from the Mauritius waters, which shall be identified by the code "EXI".

10. Each position message shall be provided according to the format laid down in Appendix 2 or based on the standard P 1000 of the United Nations Centre for Trade Facilitation and Electronic Business (CEFACT).

Transmission by the Union vessel in the event of breakdown of the VMS

11. Union vessels with defective VMS are not authorised to enter Mauritius waters. When already operating in Mauritius waters, in the event of breakdown, the VMS of the vessel shall be repaired at the end of the trip or replaced within 15 calendar days. After that period, the vessel shall no longer be authorised to fish in Mauritius waters.

12. Vessels fishing in Mauritius waters with a defective VMS must communicate their position messages by email to the FMC of the flag State, at least every four hours, and must provide all the compulsory information. The FMC of the flag State shall immediately record these manual messages in the computer database referred to in point 3 and retransmit them to the Mauritius FMC, under the same provisions as for automatic positions. This communication shall start as soon as the master of the Union vessel detects, or is informed of, the malfunction of the VMS. The provisions on entry and exit procedures shall apply in this case.

Malfunction of the communication system

13. Mauritius shall ensure the compatibility of its electronic equipment with that of the FMC of the flag State and inform the Union immediately of any interruption or malfunction as regards the communication and receiving of position messages, with a view to finding a technical solution as soon as possible. The FMCs of both the relevant flag State and Mauritius shall investigate the reasons for this interruption or malfunction. The Joint Committee shall deal with any possible dispute arising.

14. If the non-receipt of the VMS data by Mauritius is caused by the failure of the electronic systems under the supervision of the Union or Mauritius, the Party concerned shall notify it as soon as possible to the other Party and take prompt action to resolve the problem rapidly. The other Party shall be notified once the problem has been resolved. The data not received by the Mauritius FMC shall be provided to it as soon as the problem is resolved. If the malfunction affects the electronic systems under the control of the Union, the FMC of the flag State shall communicate to the Mauritius FMC every 24 hours, by email, all position messages received.

15. The Mauritius authorities shall inform their competent monitoring services so that Union vessels are not considered non-compliant because of a failure to transmit VMS data.

Revision of the frequency of position messages

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

17. At the end of the set period of investigation, the Mauritius FMC shall immediately notify the FMC of the flag Member State of the Union and the Union of the end of the inspection procedure and of any follow-up action that is required.

CHAPTER VII

INFRINGEMENTS

1. Failure to observe any of the rules and provisions of this Protocol, conservation and management measures of living resources or Mauritius fisheries legislation may be penalised by means of fines, suspension, revocation or non-renewal of the vessel’s fishing authorisation, as defined in Mauritius legislation.

Handling of infringements

2. Any infringement committed in the Mauritius waters by a Union vessel holding a fishing authorisation in accordance with the Agreement must be mentioned in an inspection report.

3. The notification of the infringement and the relevant applicable sanctions for which the master or the fishing company may be liable shall be sent directly to the vessel owner in accordance with the procedure set in the applicable Mauritius legislation. A copy of the notification shall be sent to the flag State of the Union vessel and to the Union within 24 hours.

Detention of a Union vessel

4. In accordance with the applicable Mauritius fisheries legislation and the terms and conditions of the authorisation, any Union vessel reasonably suspected of having committed an infringement may be required by the Mauritius authorities to cease its fishing activity and, where the vessel is at sea, to return to a Mauritian port.

5. Mauritius shall notify the Union and the flag State authorities within 24 hours of any interruption of the activities and detention of a Union vessel holding a fishing authorisation. The notification shall provide the reasons and include documentary evidence supporting the detention of the vessel, subject to any legal confidentiality requirements.

6. The Mauritius authority shall designate an investigating officer and organise, at the request of the Union, within one calendar day of notification of the detention of the vessel, an information meeting to clarify the facts which have led to the vessel being detained and to explain what further action may be taken. A representative of the flag State and of the shipowner may attend this information meeting.

Penalties for infringements – settlement procedure

7. In the case of an infringement of a criminal nature, the penalty shall be set as per the applicable legislation upon conviction before a court of law in Mauritius or as per the provisions of the legislation in force in Mauritius.

8. Prior to launching legal procedures, a compromise procedure shall be undertaken between the Mauritius authorities and the Union vessel to settle the issue amicably in so far as is legally feasible. A representative of the flag State of the vessel may participate in such compromise procedure. The compromise procedure shall finish at the latest 72 hours after notification of the detention of the vessel. Any agreement reached shall be final and binding for all Parties concerned. Where the compromise procedure, which may include a compounding process, fails, the matter may be brought before a court of law in Mauritius.

Legal proceedings – bank guarantee

9. The owner of the Union vessel which is reasonably suspected of having committed an infringement of a clause of this Protocol or the applicable laws of Mauritius may deposit a bank guarantee at a bank designated by Mauritius, the amount of which, as set by Mauritius, shall cover the costs linked to the detention of the vessel, the estimated fine and any compensation. The bank guarantee may not be recovered until the legal proceedings have been concluded.

10. The bank guarantee shall be released and returned to the shipowner without delay after the judgment has been given: (a) in full, if no penalty has been imposed; (b) for the amount of the remaining balance, if the penalty is a fine which is lower than the amount of the bank guarantee.

11. Mauritius shall inform the Union of the outcome of the legal proceedings within two calendar days of the judgment being given.

Release of the vessel and the crew

12. Where a Union vessel or its crew has been detained in relation to a suspected infringement of a clause of this Protocol or any provision of applicable legislation, and has remained so until completion of the compounding or criminal prosecution process, the vessel and its crew shall be authorised to leave the port once the compounding or the criminal procedure has been settled.

CHAPTER VIII

EMBARKATION OF SEAMEN

Number of seamen to embark

1. During their activities in Mauritius waters, Union purse seiners shall endeavour to embark 14 Mauritian qualified seamen. The seamen should be designated by the agent of the vessel, in agreement with the shipowner, from the names on a list to be established, on the basis of the guidelines for the engaging of Mauritian seamen on Union vessels provided in Appendix 4, and transmitted to the Union by the competent Mauritius authorities.

2. The competent Mauritius authorities shall provide the shipowners or their agents on a yearly basis with the list of qualified seamen.

3. In the case of the non-embarkation of Mauritian seamen, the shipowners shall pay a lump sum equivalent to the wage of the seamen non-embarked for the duration for the fishing campaign in Mauritius waters. In the event that the fishing campaign lasts less than one month, shipowners shall be required to pay the sum corresponding to one month's wage of the seamen.

Seamen's contracts

4. Shipowners shall act in accordance with the principles of the International Labour Organization (ILO) Declaration on Fundamental Principles and Rights at Work and other relevant ILO conventions, including the freedom of association and the effective recognition of the right to collective bargaining, the elimination of discrimination in respect of employment and occupation and decent working and living conditions on board fishing vessels.

5. Where Mauritian seamen are embarked, employment contracts shall be drawn up between the shipowner or the shipowner's agent and the seamen or their representatives in consultation with the competent Mauritius authorities. Contracts shall stipulate in particular the date and port of signing-on. Those contracts shall guarantee the Mauritian seamen the social security cover applicable to them, including sickness and accident insurance, the pension benefits, leave and end of contract compensation benefits, as well as the basic wage to be paid under the provisions of this Chapter. A copy of the contract shall be given to the signatories and the competent Mauritius authorities.

Seamen's wages

6. Where Mauritian seamen are embarked, their wages shall be paid by the shipowners. The basic wage conditions granted to Mauritian seamen shall be set either on the basis provided by Mauritius legislation or the minimum standard set by the ILO for seafarers, whichever is higher.

7. The shipowner shall guarantee that the health protection and social security benefits granted to Mauritian seamen shall be similar to those benefits guaranteed to seamen from other ACP countries.

8. When Mauritian seamen are not landed in a Mauritian port or in any other agreed port at the end of their contract, the shipowner shall, at his own expense, ensure the temporary accommodation and repatriation of the seamen to the territory of Mauritius as soon as possible.

Seamen's obligations

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

CHAPTER IX

OBSERVERS

Observation of fishing activities

1. The Parties recognise the importance of complying with the obligations of relevant IOTC resolutions with regard to scientific observer programme and relevant laws and regulations of Mauritius, including electronic observation schemes.

2. Union purse seiners holding a fishing authorisation shall be subject to a scheme for observing their fishing activities carried out within the framework of the Agreement, and may, at the request of Mauritius authorities, embark one observer, in the context of a national or regional observation programme under the terms set out in this Chapter.

3. That observation scheme shall conform to the provisions provided for in the resolutions adopted by the IOTC.

4. Union vessels with a tonnage equal to or less than 100 GT shall be exempt from the provisions laid down in this Chapter.

Designated vessels and observers

5. Mauritius authorities shall draw up a list of Union vessels designated to take an observer on board and a list of the appointed observers. Those lists shall be kept up to date. They shall be forwarded to the Union as soon as they have been drawn up and when they have been updated. The Union vessels designated to receive an observer must allow the observer to embark. When drawing up those lists, Mauritius shall take into account the presence of an observer embarked, or to be embarked, under a regional observation scheme. Observers' reports related to the observations carried out in Mauritius waters shall be sent to the Albion Fisheries Research Centre.

6. Mauritius authorities shall inform the shipowners concerned of the names of the observers appointed to be taken on board their vessel no later than 15 calendar days before the observer's planned embarkation date.

Observer's salary

7. The salary and social contributions of the observer designated by Mauritius shall be borne by the Mauritius authorities.

Embarkation conditions

8. The embarkation conditions for the observer, in particular the duration of presence on board, shall be defined by mutual agreement between the shipowner or its agent and Mauritius. The observers shall not spend more time on board the vessel than is necessary to carry out their duties. In the context of a regional observers programme, the observer may remain on board for a mutually agreed extended period. Mauritius authorities shall inform the agent of the Union vessel of this extension when notifying the name of the designated observer.

9. The conditions for embarkation of observers shall be agreed between the shipowners and Mauritius authorities after the notification of the designated observers.

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

11. The shipowner shall bear the costs of providing accommodation and food for the observer on board.

Observer's duties

12. The observer shall carry out the following duties: (a) collate all information relating to the vessel's fishing activities, in particular as regards: — the fishing gears used; — the position of the vessel during fishing operations; — the volumes or, where appropriate, the number, and the size of fish caught for each target species and each associated species, as well as the number of accidental catches and by-catches; — an estimated number of catches retained on board and discards; and — where relevant, processing, transhipment, storage or disposal of any fish; (b) conduct biological sampling provided for in scientific programmes; (c) monitor the impact of the fishing activities on the resources and on the environment; and (d) communicate, on a daily basis, observations by radio, fax or email while the vessel is operating in Mauritius waters, including the quantity of catches and by-catches on board, and carry out any other duties as required by the Mauritian FMC.

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

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

15. The master shall permit the observer at all times to: (a) receive and transmit messages and communicate with the shore and other vessels by means of the vessel's communications equipment; (b) take, measure, remove from the vessel and retain samples or whole specimens of any fish; (c) store samples and whole specimens on the vessel, including samples and whole specimens held in the vessel's freezing facilities; (d) take photographs or recordings of the fishing activities, including fish, gear, equipment, documents, charts and records, and remove from the vessel such photographs or recordings as the observer may have taken or used on board the vessel. Such information shall be used only for scientific purpose unless specifically requested by Mauritius in cases where those data could be used in support of an ongoing judicial inquiry.

Financial contribution to the observer scheme

16. Each Union purse seine vessel contributes to a special fund held by the Accountant General to cater for the observer scheme, with the objective of reinforcing the human capacity to provide for better coverage and ensuring optimum use of the observers.

17. To this end, each purse seine vessel will contribute an amount of EUR 20 per fishing day in Mauritius waters.

Observer's report

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

19. Observers shall send their reports to Mauritius, which shall send a copy of these and the information identified under point 12 to the Union within 15 calendar days of the disembarkation of the observer.

Observer's obligations

20. Whilst they are on board, observers shall: (a) take all appropriate steps to ensure that the conditions of their boarding and presence on the Union vessel neither interrupt nor hamper fishing operations; (b) take necessary care with regard to the material and equipment on board; and (c) abide by the applicable legislation and rules of confidentiality, and ensure the confidentiality of all data and documents regarding the Union vessel and its activities and any information collected.

Appendices to this Annex Appendix 1 – Information needed in the application for a fishing authorisation Appendix 2 – Format of position message Appendix 3 – Use of the UN/FLUX standard and the EU/FLUX network Appendix 4 – Guidelines for engaging Mauritius seamen on Union vessels

Appendix 1 Information needed in the application for a fishing authorisation Each application for a fishing authorisation shall contain the following information: (1) Name of the applicant (2) Address of the applicant (3) Name of the agent in Mauritius (4) Address of the agent in Mauritius (5) Name of the vessel (6) Type of the vessel (7) Flag State (8) Registration port (9) Registration number (10) Fishing vessel external marking (11) International radio call sign (12) Radio frequency (13) Vessel satellite phone number (14) Vessel email (15) IMO number (if any) (16) Length overall of vessel (17) Width of vessel (18) Engine model (19) Engine power (kW) (20) Gross tonnage (GT) (21) Minimum manning (22) Name of the master (23) Fishing category (24) Species targeted (25) Requested period start date (26) Requested period end date

Appendix 2 Format of position message COMMUNICATION OF POSITION MESSAGE REPORT Data element Code Mandatory/Optional Content Start record SR M System detail — indicates start of record Addressee AD M Message detail — addressee. Alpha-3 ISO country code From FR M Message detail — sender. Alpha-3 ISO country code Flag State FS M Message detail — flag State Type of message TM M Message detail — message type [ENT, POS, EXI] Radio call sign RC M Vessel detail — international radio call sign of vessel Contracting Party internal reference number IR M Vessel detail — unique Contracting Party number (flag State alpha-3 ISO country code followed by number) External registration number XR M Vessel detail — number marked on side of vessel Latitude LT M Vessel position detail — position in degrees and minutes N/S DDMM (WGS84) Longitude LG M Vessel position detail — position in degrees and minutes E/W DDMM (WGS84) Course CO M Vessel course 360o scale Speed SP M Vessel speed in tenths of knots Date DA M Vessel position detail — date of record of UTC position (YYYYMMDD) Time TI M Vessel position detail — time of record of UTC position (HHMM) End record ER M System detail — indicates end of record M = mandatory data element O = optional data element

Appendix 3 Use of the UN/FLUX standard and the EU/FLUX network 1. The UN/FLUX (United Nations Fisheries Language for Universal eXchange) standard and the EU/FLUX exchange network may be used for exchanging vessel positions and the electronic logbooks, when fully operational. 2. Any amendments to the UN/FLUX standard shall be implemented within a time limit set by the Joint Committee on the basis of technical provisions provided by the European Commission, where appropriate by exchange of letters. 3. Where necessary, the arrangements for implementing the various electronic exchanges shall be set out in an implementation document prepared by the European Commission. 4. Transitional measures may be used until the changeover to the UN/FLUX standard for each component (positions, fishing logbook). Mauritius authorities shall determine the period necessary for this transition, taking account of any technical constraints. They shall define the trial period required before the changeover to effective use of the UN/FLUX standard. Once these trials have been successfully completed, the Parties shall, as soon as possible, set the effective date of application jointly, in the Joint Committee or by exchange of letters.