EN Official Journal of the European Union L 343/1

COUNCIL REGULATION (EC) No 1801/2006

of 30 November 2006

on the conclusion of the Fisheries Partnership Agreement between the European Community and the Islamic Republic of Mauritania

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 37 in conjunction with Article 300(2) and the first subparagraph of Article 300(3), thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament (1),

Whereas:

(1) The European Community and the Islamic Republic of Mauritania have negotiated and initialled a Fisheries Partnership Agreement providing Community fishermen with fishing opportunities in the waters falling within the sovereignty of the Islamic Republic of Mauritania, (hereinafter referred to as the Partnership Agreement).

(2) It is in the Community's interest to approve the Partnership Agreement.

(3) The method for allocating the fishing opportunities among the Member States should be defined,

HAS ADOPTED THIS REGULATION:

Article 1

The Fisheries Partnership Agreement between the European Community and the Islamic Republic of Mauritania is hereby approved on behalf of the Community.

The text of the Partnership Agreement is attached to this Regulation.

Article 2

1. The fishing opportunities set out in the Protocol setting out the fishing opportunities and financial contribution provided for in the Fisheries Partnership Agreement (hereafter referred to as the Protocol), shall be allocated among the Member States as follows:

Fishing category GT or maximum number of licences per licence period Member State GT, licences or annual catch ceiling by Member State Category 1: Fishing vessels specialising in crustaceans other than crawfish and crab 9 440 GT Spain 7 183 GT Italy 1 371 GT Portugal 886 GT Category 2: Black hake trawlers and bottom longliners 3 600 GT Spain 3 600 GT Category 3: Vessels fishing for demersal species other than black hake with gear other than trawls 2 324 GT Spain 1 500 GT United Kingdom 800 GT Malta 24 GT Category 4: Pelagic freezer trawlers fishing for demersal species 750 GT Greece 750 GT Category 5: Cephalopods 18 600 GT 43 licences Spain 39 licences Italy 4 licences Category 6: Crawfish 300 GT Portugal 300 GT Category 7: Freezer tuna seiners 36 licences Spain 15 licences France 20 licences Malta 1 licence Category 8: Pole-and-line tuna vessels and surface longliners 31 licences Spain 23 licences France 5 licences Portugal 3 licences Category 9: Pelagic freezer trawlers 22 licences for a maximum ceiling of 440 000 tonnes Netherlands 190 000 tonnes Lithuania 120 500 tonnes Latvia 73 500 tonnes Germany 20 000 tonnes United Kingdom 10 000 tonnes Portugal 6 000 tonnes France 10 000 tonnes Poland 10 000 tonnes Category 10: Crab fishing 300 GT Spain 300 GT Category 11: Non-freezer pelagic vessels 15 000 GT per month, averaged over the year

2. Under the Protocol, unused category 11 fishing opportunities (non-freezer pelagic vessels) may be used by category 9 (pelagic freezer trawlers) at a rate of a maximum 25 licences per month.

3. If licence applications for category 9 (pelagic freezer trawlers) exceed the maximum permitted number per reference period, the Commission shall give priority to forwarding applications from vessels which made most use of licences in the ten months preceding that licence application.

4. For category 11 (non-freezer pelagic vessels), the Commission shall forward licence applications once it has received an annual fishing plan detailing applications by vessel (specifying the number of GT planned for each month of activity, for every month of the year) and sent to the Commission not later than 1 March of the year during which the fishing plan applies.

In the event of applications for more than 15 000 GT per month averaged over the year, the award shall be carried out on the basis of the table of applications and of the fishing plans referred to in the first subparagraph.

5. The management of fishing opportunities shall be conducted in full accordance with Article 20 of Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy (2).

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

Article 3

The Member States whose vessels fish under the Partnership Agreement shall notify the Commission of the quantities of each stock caught within the Mauritanian fishing zone in accordance with Commission Regulation (EC) No 500/2001 of 14 March 2001 laying down detailed rules for the application of Council Regulation (EEC) No 2847/93 on the monitoring of catches taken by Community fishing vessels in third country waters and on the high seas (3).

Article 4

The President of the Council is hereby authorised to designate the person(s) empowered to sign the Partnership Agreement in order to bind the Community (4).

Article 5

This Regulation shall enter into force on the seventh day following its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 30 November 2006. For the Council The President L. HYSSÄLÄ

(1) Opinion delivered on 16 November 2006 (not yet published in the Official Journal).

(2) OJ L 358, 31.12.2002, p. 59.

(3) OJ L 73, 15.3.2001, p. 8.

(4) 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.

EN Official Journal of the European Union L 343/4

FISHERIES PARTNERSHIP AGREEMENT

between the European Community and the Islamic Republic of Mauritania

THE EUROPEAN COMMUNITY,

hereinafter referred to as ‘the Community’,

and

THE ISLAMIC REPUBLIC OF MAURITANIA,

hereinafter referred to as ‘Mauritania’,

hereinafter referred to as the ‘Parties’,

CONSIDERING the close relationship of cooperation between the Community and Mauritania, particularly in the context of the Cotonou Agreement establishing a relationship of close cooperation between the European Community and its Member States, of the one part, and Mauritania, of the other part, and their mutual desire to intensify that relationship,

RECALLING that the Community and Mauritania are signatories to the United Nations Convention on the Law of Sea and that, in accordance with that Convention, Mauritania has established an exclusive economic zone extending 200 nautical miles from its shores within which it exercises its sovereign rights for the purpose of exploring, conserving and managing the resources of that zone,

DETERMINED to cooperate, in their mutual interest, in particular on the basis of the principles established by the Code of conduct for responsible fisheries adopted at the FAO Conference in 1995, in promoting the introduction of responsible fisheries to ensure the long term conservation and sustainable exploitation of living marine resources, in particular by reinforcing the control system covering fishing activities as a whole, in order to ensure the effectiveness of the measures for the development and conservation of these resources, and the protection of the marine environment,

CONVINCED that the achievement of their respective economic and social objectives in the fisheries sector will be furthered by close cooperation in scientific and technical research in that sector on terms ensuring the conservation and rational exploitation of fish stocks,

CONVINCED that such cooperation must take the form of initiatives and measures which, whether taken jointly or separately, are complementary and ensure consistent policies and synergy of effort,

DECIDED, to these ends, to contribute, within the framework of Mauritania's sectoral fisheries policy, to promoting the development of a partnership with a view in particular to identifying the most appropriate means of ensuring that this policy is effectively implemented and that economic operators and civil society are involved in the process,

DESIROUS of establishing terms and conditions governing the fishing activities of Community vessels in Mauritanian fishing zones and Community support for the introduction of responsible fishing in those fishing zones,

AWARE of the role played by the sea fisheries sector and related industries in the economic and social development of Mauritania and various regions of the Community,

RESOLVED to pursue closer economic cooperation in the fishing industry and related activities through the setting up and development of investments involving companies from both Parties,

HEREBY AGREE AS FOLLOWS:

Article 1

Scope

This Agreement establishes the principles, rules and procedures governing:

— economic, financial, technical and scientific cooperation in the fisheries sector with a view to establishing responsible fishing in Mauritanian fishing zones to guarantee the conservation and sustainable exploitation of fisheries resources and develop the Mauritanian fisheries sector,

— the conditions governing access by Community fishing vessels to Mauritanian fishing zones,

— the arrangements for policing fisheries in Mauritanian fishing zones with a view to ensuring that the above rules and conditions are complied with, that the measures for the conservation and management of fish stocks are effective and that illegal, undeclared and unregulated fishing is prevented,

— partnerships between companies aimed at developing economic activities in the fisheries sector and related activities, in the common interest,

— the conditions for landing and transhipment of catches made in Mauritanian fishing zones,

— the terms for taking seamen on board Community vessels operating under this Agreement in Mauritanian fishing zones.

Article 2

Definitions

For the purposes of this Agreement, the Annexes and Protocol thereto:

(a) ‘Mauritanian fishing zones’ mean the waters over which the Islamic Republic of Mauritania has sovereignty or jurisdiction. The fishing activities by Community vessels provided for in this Agreement shall be carried out only in the zones in which fishing is authorised under Mauritanian law;

(b) ‘the Ministry’ means Mauritania's Ministry of Fisheries and the Marine Economy;

(c) ‘Community authorities’ means the European Commission;

(d) ‘Community vessel’ means a fishing vessel flying the flag of a Member State of the Community and registered in the Community;

(e) ‘Joint Committee’ means a committee made up of representatives of the Community and Mauritania whose functions are described in Article 10 of this Agreement;

(f) ‘surveillance authority’ means the delegation responsible for fisheries surveillance and protection in Mauritania (DSPCM);

(g) ‘the Delegation’ means the Delegation of the European Commission to Mauritania;

(h) ‘seamen’ means all personnel on-board forming part of the crew, irrespective of qualifications (officers, technicians, supervisors, deckhands).

Article 3

Principles and objectives underlying this Agreement

1. The Parties hereby undertake to promote responsible fishing in Mauritanian fishing zones based on the principle of non-discrimination between the different fleets fishing in those zones.

2. The Parties undertake to establish the principles of dialogue and of prior consultations, in particular as regards implementation of the sectoral fisheries policy on the one hand and of Community policies and measures which could have an impact on the Mauritanian fisheries sector industry on the other.

3. The Parties hereby undertake to ensure that this Agreement is implemented in accordance with the principles of good environmental, economic and social governance.

4. The Parties shall also cooperate in carrying out ex ante, ongoing and ex post evaluations, both jointly and unilaterally, of measures, programmes and actions for the implementation of this Agreement.

5. The employment of Mauritanian seamen on-board Community vessels shall be governed by the International Labour Organisation (ILO) Declaration on Fundamental Principles and Rights at Work, which shall apply as of right to the corresponding contracts and general terms of employment. This concerns in particular the freedom of association and the effective recognition of the right to collective bargaining, and the elimination of discrimination in respect of employment and occupation.

Article 4

Scientific cooperation

1. During the period covered by the Agreement, the Community and Mauritania shall cooperate to monitor certain issues relating to the state of resources in Mauritanian fishing zones. To this end, an independent Joint Scientific Committee shall be set up. By mutual agreement between the Parties it may be opened by invitation to external scientists. The operating procedures of the Joint Scientific Committee, which shall meet at least once a year, shall be laid down by mutual agreement before the entry into force of this Agreement.

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

3. The Parties undertake to consult one other, either directly or within the competent international organisations, to ensure the management and conservation of living resources in the Atlantic Ocean, and to cooperate in implementing the relevant scientific research.

Article 5

Access by Community vessels to fisheries in Mauritanian fishing zones

1. The fishing activities governed by this Agreement shall be subject to the laws and regulations in force in Mauritania. The Ministry shall notify the Community of any amendments to that legislation. Without prejudice to any provisions which might be agreed between the Parties, Community vessels shall comply with such amendments within one month of their notification.

2. Mauritania undertakes to authorise Community vessels to engage in fishing activities in its fishing zones in accordance with this Agreement, including the Protocol and Annexes thereto.

3. Mauritania shall ensure the effective implementation of the fisheries monitoring provisions in the Protocol. Community vessels shall cooperate with the Mauritanian authorities responsible for carrying out such monitoring.

4. The Community undertakes to take all the appropriate steps required to ensure that its vessels comply with this Agreement and the legislation governing fisheries in the waters over which Mauritania has jurisdiction, in accordance with the United Nations Convention on the Law of the Sea.

Article 6

Conditions governing fishing activities

1. Community vessels may fish in the Mauritanian fishing zones only if they are in possession of a fishing licence issued under this Agreement. The exercise of fishing activities by Community vessels shall be subject to the holding of a licence issued by the competent Mauritanian authorities at the request of the competent Community authorities. The procedures for the issue of licences and for the payment of fees and contributions to scientific observers' expenses, and any other conditions to which fishing activities by Community vessels in Mauritanian fishing zones may be subject, are set out in the Annexes hereto.

2. For fishing categories not covered by the Protocol in force, and for exploratory fishing, licences may be granted to Community vessels by the Ministry. However, the granting of these licences remains dependent on a favourable opinion from the two Parties.

3. The Protocol to this Agreement sets out the fishing opportunities granted by Mauritania to Community vessels in Mauritanian fishing zones and the financial contribution referred to in Article 7 of this Agreement.

4. The Parties shall ensure the proper implementation of these procedures and conditions by appropriate administrative cooperation between their competent authorities.

Article 7

Financial contribution

1. The Community shall grant Mauritania a financial contribution in accordance with the terms and conditions laid down in the Protocol and Annexes. This contribution shall comprise two elements, namely:

(a) a financial contribution due for access by Community vessels to Mauritanian fishing zones, without prejudice to the fees due by Community vessels to obtain licences;

(b) Community financial support for implementing a national fisheries policy based on responsible fishing and on the sustainable exploitation of fisheries resources in Mauritanian waters.

2. The financial support referred to in paragraph 1(b) above shall be determined by mutual agreement in accordance with the Protocol in the light of objectives identified by the two Parties to be achieved in the context of the sectoral fisheries policy in Mauritania.

3. The financial contribution granted by the Community shall be paid each year in accordance with the Protocol and subject to this Agreement and the Protocol in the event of any change to the amount of the contribution as a result of:

(a) exceptional circumstances;

(b) a reduction in the fishing opportunities granted to Community vessels, made by mutual agreement for the purposes of managing the stocks concerned, where this is considered necessary for the conservation and sustainable exploitation of resources on the basis of the best available scientific advice;

(c) an increase in the fishing opportunities granted to Community vessels, made by mutual agreement between the Parties where the best available scientific advice concurs that the state of resources so permits;

(d) termination of this Agreement under Article 14;

(e) suspension of the application of this Agreement under Article 15 or the Protocol.

Article 8

Promoting cooperation among economic operators

1. The Parties shall encourage economic, scientific and technical cooperation in the fisheries sector and related sectors. They shall consult one another with a view to coordinating the different measures that might be taken to this end.

2. The Parties shall encourage exchanges of information on fishing techniques and gear, preservation methods and the processing of fisheries products.

3. 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.

4. The Parties shall encourage, in particular, the promotion of investments in their mutual interest, in compliance with Mauritanian and Community law.

Article 9

Administrative cooperation

The Parties, desirous of ensuring the effectiveness of the measures for the development and conservation of fishery resources, shall:

— develop administrative cooperation with a view to ensuring that their vessels comply with the provisions of this Agreement and with Mauritanian sea fisheries rules, each on its own behalf,

— cooperate to prevent and combat illegal fishing, in particular through the exchange of information and close administrative cooperation.

Article 10

Joint Committee

1. A Joint Committee set up between the two Parties shall be responsible for monitoring the implementation of this Agreement. The Joint Committee shall also perform the following functions:

(a) monitoring the performance, interpretation and smooth operation of the application of the Agreement, and the settlement of disputes;

(b) monitoring and evaluating the implementation of the contribution of the Fisheries Partnership Agreement to the implementation of Mauritania’s sectoral fisheries policy;

(c) providing the necessary liaison for matters of mutual interest relating to fisheries;

(d) acting as a forum for the amicable settlement of any disputes regarding the interpretation or application of the Agreement;

(e) reassessing, where necessary, the level of fishing opportunities and, consequently, of the financial contribution;

(f) any other function that the Parties decide by mutual agreement to confer on it, including with regard to combating illegal fishing and administrative cooperation;

(g) fixing the practical arrangements for the administrative cooperation provided for in Article 9 of this Agreement;

(h) monitoring and evaluating the cooperation between economic operators as referred to in Article 8 of this Agreement and proposing, where necessary, ways of promoting it.

2. The Joint Committee shall meet at least once a year, alternately in Mauritania and in the Community, and shall be chaired by the Party hosting the meeting. It shall hold a special meeting at the request of either of the Parties.

Article 11

Area of application

This Agreement shall apply, on the one hand, to the territories in which the Treaty establishing the European Community applies, under the conditions laid down in that Treaty, and, on the other, to the territory of Mauritania and the waters under Mauritanian jurisdiction.

Article 12

Duration

This Agreement shall apply for six years from the date of its entry into force; it shall be renewable for six-year periods unless notice of termination is given in accordance with Article 14.

Article 13

Settlement of disputes

The Parties shall consult each other on any dispute concerning the interpretation or application of this Agreement.

Article 14

Termination

1. This Agreement may be terminated by either Party in particular in the event of unusual circumstances such as the degradation of the stocks concerned, the discovery of a reduced level of exploitation of the fishing opportunities granted to Community vessels, or failure to comply with undertakings made by the Parties with regard to combating illegal, unreported and unregulated fishing.

2. If the Agreement is terminated for the reasons referred to in paragraph 1 of this Article, the Party concerned shall notify the other Party in writing of its intention to withdraw from the Agreement at least six months before the date of expiry of the initial period or each additional period. If the Agreement is terminated for any reason other than those referred to in paragraph 1 of this Article, the notification period shall be nine months.

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

4. Payment of the financial contribution referred to in Article 7 for the year in which the termination takes effect shall be reduced proportionately and pro rata temporis.

Article 15

Suspension

1. Application of this Agreement may be suspended at the initiative of one of the Parties in the event of a serious disagreement as to the application of provisions laid down in the Agreement. Suspension of application of the Agreement 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. On receipt of this notification, the Parties shall enter into consultations with a view to resolving their differences amicably.

2. Payment of the financial contribution referred to in Article 7 shall be reduced proportionately and pro rata temporis, according to the duration of the suspension, without prejudice to Article 7(4) of the Protocol.

Article 16

Protocol and Annexes

The Protocol, the Annexes and the Appendices thereto shall form an integral part of this Agreement.

Article 17

Final provisions — Language and entry into force

This Agreement, drawn up in duplicate in the Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Slovak, Slovene, Spanish, Swedish and Arabic languages, each of these texts being equally authentic, shall enter into force on the date on which the Parties notify each other that their procedures have been completed.

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.