[pic] | COMMISSION OF THE EUROPEAN COMMUNITIES |

Brussels, 18.9.2006

COM(2006)505 final

Proposal for a

COUNCIL DECISION

on the conclusion of the Agreement in the form of an Exchange of Letters on the provisional application of the Fisheries Partnership Agreement between the European Community and the Islamic Republic of Mauritania on fishing in Mauritanian fishing zones and of the Protocol setting out the fishing opportunities and financial contribution which applies from 1 August 2006 to 31 July 2008

(presented by the Commission)

EXPLANATORY MEMORANDUM

The Community and the Islamic Republic of Mauritania have negotiated and initialled, on 21 July 2006, a Fisheries Partnership Agreement which has been concluded for a period of six years from its entry into force and is renewable. It is accompanied by a Protocol and the Annex thereto setting out the fishing opportunities and the financial contribution.

The Protocol and the Annex thereto have been signed for a period of two years, and may be tacitly renewed twice, each time for another two years, giving a total of six years from 1 August 2006. Pending the entry into force of the new Agreement, this Protocol and the Annex thereto will enter into force on the date on which the Parties notify each other of the completion of the procedures necessary for that purpose. They will apply with effect from 1 August 2006.

The main objective of the new Partnership Agreement is to strengthen cooperation between the European Community and the Islamic Republic of Mauritania, thereby creating a framework of partnership in which to develop a sustainable fisheries policy and sound exploitation of fisheries resources in the Mauritanian fishing zone, in the interests of both Parties. The Commission’s negotiating position was based in part on the results of an ex-post and ex-ante evaluation carried out by independent experts.

The two Parties are involved in a political dialogue on topics of mutual interest in the fisheries sector. In the Fisheries Partnership Agreement, the current priorities of fisheries policy in Mauritania will allow the identification by mutual agreement between the two Parties of objectives, and the annual and multiannual programming to attain them, with a view to ensuring a sustainable and responsible management of the sector.

The Partnership Agreement also provides for encouraging economic, scientific and technical cooperation in the fisheries sector and related sectors.

The financial contribution under the Protocol is fixed at EUR 86 000 000 per year for fishing opportunities in eleven categories. Of this financial contribution, EUR 11 000 000 per year will be allocated to financial support for the implementation of the national fisheries policy, including EUR 1 000 000 per year for support for the Banc d’Arguin National Park (PNBA).

The fishing opportunities provided for in the Agreement have been laid down for eleven categories. The conditions for each licence period are as follows:

- crustaceans (excluding crawfish): maximum authorised capacity 9 440 GT;

- black hake trawlers and longliners: maximum authorised capacity 3.600 GT;

- demersal fisheries – other than trawlers and targeting species other than black hake: maximum authorised capacity 2.324 GT;

- demersal trawlers – targeting demersal species other than black hake, cephalopods and crustaceans: maximum authorised capacity 750 GT;

- cephalopods: maximum authorised capacity 18 600 GT for 43 licences;

- crawfish and crabs: maximum authorised capacity 300 GT for each category;

- tuna fisheries: maximum of 36 licences for seiners and 31 licences for pole-and-line vessels and surface longliners as a whole;

- small pelagics (pelagic freezer trawler): maximum 22 licences;

- small pelagics (non-freezer vessels): maximum authorised capacity 15 000 GT.

Shipowners’ fees have been fixed for each category. It is estimated that shipowners will pay total contributions of around EUR 22 000 000 per year directly to Mauritania.

The Commission is accordingly proposing that the Council adopt by Decision the Agreement in the form of an Exchange of Letters concerning the provisional application of the Agreement and of the Protocol, pending their definitive entry into force.

A proposal for a Council Regulation concerning the conclusion of the new Agreement is the subject of a separate procedure.

Proposal for a

COUNCIL DECISION

on the conclusion of the Agreement in the form of an Exchange of Letters on the provisional application of the Fisheries Partnership Agreement between the European Community and the Islamic Republic of Mauritania on fishing in Mauritanian fishing zones and of the Protocol setting out the fishing opportunities and financial contribution which applies from 1 August 2006 to 31 July 2008

THE COUNCIL OF THE EUROPEAN UNION,

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

Having regard to the proposal from the Commission,

Whereas:

(1) The 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.

(2) It is in the Community’s interest to approve that Agreement.

(3) It is necessary to guarantee the pursuit of fishing activities from the date of expiry of the previous Agreement and Protocol[1] until the date of entry into force of the Agreement and the Protocol setting out the fishing opportunities and financial contribution provided for in that Agreement.

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

HAS DECIDED AS FOLLOWS:

Article 1

The Agreement in the form of an Exchange of Letters on the provisional application of the Fisheries Partnership Agreement between the European Community and the Islamic Republic of Mauritania on fishing in Mauritanian fishing zones and of the Protocol setting out the fishing opportunities and financial contribution which applies from 1 August 2006 to 31 July 2008 are hereby approved on behalf of the Community.

The text of the Agreement is attached to this Decision.

Article 2

The Agreement shall apply provisionally from 1 August 2006.

Article 3

1. The fishing opportunities set out in 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 | 194 000 tonnes |

Lithuania | 128 000 tonnes |

Latvia | 77 000 tonnes |

Germany | 15 000 tonnes |

United Kingdom | 8 000 tonnes |

Portugal | 6 000 tonnes |

France | 6 000 tonnes |

Poland | 6 000 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 six months preceding that licence application.

4. For category 11 (non-freezer pelagic vessels), the Commission will 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 December of the previous year.

In the event of applications for more than 15 000 GT per month averaged over the year, the award will be carried out on the basis of the table of applications and of the above fishing plans.

5. 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 4

The Member States whose vessels fish under this 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[2].

Article 5

The President of the Council is hereby authorised to designate the persons empowered to sign the Agreement in order to bind the European Community at a date to be determined later.

Done at Brussels,

For the Council

The President

Annex

Agreement in the form of an Exchange of Letters on the provisional application of the Fisheries Partnership Agreement between the European Community and the Islamic Republic of Mauritania on fishing in Mauritanian fishing zones and of the Protocol setting out the fishing opportunities and financial contribution which applies from 1 August 2006 to 31 July 2008

A. Letter from the Government of the Islamic Republic of Mauritania

Sir,

I am delighted that Islamic Republic of Mauritania and European Community negotiators have been able to reach a consensus on a Fisheries Partnership Agreement between the Islamic Republic of Mauritania and the European Community, and on a Protocol setting out the fishing opportunities and financial contribution and its Annexes.

The result of these negotiations progresses from the earlier Cooperation Agreement and will strengthen our fisheries relations and establish a true framework of partnership in which to develop a sustainable fisheries policy and responsible exploitation of fisheries resources in Mauritanian waters and improved economic integration of Community operators in Mauritania’s fishing sector.

To this end, I would propose launching in parallel the procedures for approval and ratification of the texts of the Agreement, the Protocol and its Annexes in accordance with the procedures in force in the Islamic Republic of Mauritania and the European Community and necessary to their entry into force.

In order to avoid interrupting fishing activities by Community vessels in Mauritanian waters, and referring to the Agreement initialled on 21 July 2006 on fishing in Mauritanian fishing zones and the Protocol initialled on 21 July 2006 and setting out the fishing opportunities and financial contribution from 1 August 2006 to 31 July 2008, I have the honour to inform you that the Government of the Islamic Republic of Mauritania is willing to apply this Agreement and this Protocol provisionally from 1 August 2006 pending their entry into force in accordance with Article 17 of the Agreement, provided that the European Community is prepared to do likewise.

The European Community shall endeavour to accelerate as far as possible its adoption procedures for the Agreement, the Protocol and its Annexes so that it can pay the first instalment of the financial contribution laid down by Article 2 of the Protocol as soon as possible and in any case before 31 December 2006.

I should be grateful if you would confirm the agreement of the European Community to such a provisional application.

Please accept, Sir, the assurance of my highest consideration.

For the Government of the Islamic Republic of Mauritania

B. Letter from the European Community

Sir,

I have the honour to acknowledge receipt of your letter of today’s date which reads as follows:

“Sir,

I am delighted that Islamic Republic of Mauritania and European Community negotiators have been able to reach a consensus on a Fisheries Partnership Agreement between the Islamic Republic of Mauritania and the European Community, and on a Protocol setting out the fishing opportunities and financial contribution and its Annexes.

The result of these negotiations progresses from the earlier Cooperation Agreement and will strengthen our fisheries relations and establish a true framework of partnership in which to develop a sustainable fisheries policy and responsible exploitation of fisheries resources in Mauritanian waters and improved economic integration of Community operators in Mauritania’s fishing sector.

To this end, I would propose launching in parallel the procedures for approval and ratification of the texts of the Agreement, the Protocol and its Annexes in accordance with the procedures in force in the Islamic Republic of Mauritania and the European Community and necessary to their entry into force.

In order to avoid interrupting fishing activities by Community vessels in Mauritanian waters, and referring to the Agreement initialled on 21 July 2006 on fishing in Mauritanian fishing zones and the Protocol initialled on 21 July 2006 and setting out the fishing opportunities and financial contribution from 1 August 2006 to 31 July 2008, I have the honour to inform you that the Government of the Islamic Republic of Mauritania is willing to apply this Agreement and this Protocol provisionally from 1 August 2006 pending their entry into force in accordance with Article 17 of the Agreement, provided that the European Community is prepared to do likewise.

The European Community shall endeavour to accelerate as far as possible its adoption procedures for the Agreement, the Protocol and its Annexes so that it can pay the first instalment of the financial contribution laid down by Article 2 of the Protocol as soon as possible and in any case before 31 December 2006.

I should be grateful if you would confirm the agreement of the European Community to such a provisional application.

Please accept, Sir, the assurance of my highest consideration.

For the Government of the Islamic Republic of Mauritania”

I am pleased to confirm the agreement of the European Community to a provisional application.

Please accept, Sir, the assurance of my highest consideration.

For the Council of the European Union

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 working relationship 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 marine living 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 15;

(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 Arabic, Czech, Estonian, Danish, Dutch, English, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Slovak, Slovenian, Spanish and Swedish 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[3], 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:

1. drawing up an annual scientific report on the fisheries covered by this Agreement;

2. 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;

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

4. 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 the above 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 the above 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) above, 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.

Table of fishing opportunities

Type of fishing |

CRUSTACEANS | DEMERSAL FISHING | CEPHALOPODS | PELAGIC FISHING |

1. Fishing zone |

(i) North of latitude 19°21’00” N, outside the zone marked by the following points: |

20°46’30” | N | 17°03’00” | W |

20°40’00” | N | 17°07’50” | W |

20°05’00” | N | 17°07’50” | W |

19°35’50” | N | 16°47’00” | W |

19°28’00” | N | 16°45’00” | W |

19°21’00” | N | 16°45’00” | W |

(ii) South of latitude 19°21’00” N, west of the six-mile line from the low-water mark. |

Once the development plan for shrimp is adopted, this zoning may be revised by mutual agreement between the Parties. |

2. Authorised gear |

Bottom shrimp trawl and other selective types of gear. |

The two Parties are to carry out technical trials with a view to drafting rules on selectivity, in particular: (i) selectivity grids for trawls, (ii) selective gear other than trawls. Selective gear are to be put into operation by 31 December 2009, following scientific, technical and economic evaluation of the results of these trials. |

Doubling of the cod-end is prohibited. |

Doubling of the twine forming the cod-end is prohibited. |

3. Minimum authorised mesh |

50 mm |

4. Biological recovery |

Two (2) months: September and October. |

The two Parties may decide by mutual agreement within the Joint Committee to adjust, increase or reduce the above biological recovery period, and to lay down closed periods in certain zones to protect nursery areas and areas with a high concentration of juvenile fish. |

5. By-catches |

In accordance with Mauritanian legislation. Where Mauritanian legislation does not contain any rules on by-catches of certain species, the two Parties shall consult within the Joint Committee to lay down the authorised rate. |

6. Authorised tonnage/Fees |

2006/07 | 2007/08 | 2008/09 | 2009/10 | 2010/11 | 2011/12 |

Authorised tonnage (GT) per licence period | 9 440 GT | 9 440 GT | 9 440 GT | 9 440 GT | 9 440 GT | 9 440 GT |

Fees in EUR per GT per year | 268 | 280 | 291 | 303 | 315 | 315 |

7. Comments |

The fees are fixed for the two-year period of application of the Protocol, and for the two periods of tacit renewal laid down in Article 12 of the Protocol, giving a total of six years. Landings and transhipments encouraged under the terms of the Protocol and of Annex I. |

FISHING CATEGORY 2: BLACK HAKE TRAWLERS (1) AND BOTTOM LONGLINERS |

1. Fishing zone |

1.1 (i) North of latitude 19°15’60” N, west of the line joining the following points: |

(iii) South of latitude 17°50’00” N, west of the 12-mile line from the low-water mark. |

1.2 The zoning during the closed periods for cephalopod fisheries is as follows: |

(i) Between Cap Blanc and Cap Timiris, the exclusion zone is defined by the following points: |

(iii) South of Nouakchott (south of latitude 17°15’00” N), the exclusion zone is the 12-mile line from the low-water mark. |

2. Authorised gear |

- Bottom longline; |

- bottom trawl for hake. |

Doubling of the cod-end is prohibited. |

Doubling of the twine forming the cod-end is prohibited. |

3. Minimum authorised mesh |

70 mm for the trawl net. |

4. Biological recovery |

The two Parties shall agree within the Joint Committee and on the basis of the best available scientific advice approved by the Joint Scientific Committee on the most appropriate biological recovery period. |

5. By-catches: |

In accordance with Mauritanian legislation. Where Mauritanian legislation does not contain any rules on by-catches of certain species, the two Parties shall consult within the Joint Committee to lay down the authorised rate. |

6. Authorised tonnage/Fees |

2006/07 | 2007/08 | 2008/09 | 2009/10 | 2010/11 | 2011/12 |

Authorised tonnage (GT) per licence period | 3 600 GT | 3 600 GT | 3 600 GT | 3 600 GT | 3 600 GT | 3 600 GT |

Fees in EUR per GT per year | 135 | 142 | 148 | 153 | 159 | 159 |

7. Comments |

The fees are fixed for the two-year period of application of the Protocol, and for the two periods of tacit renewal laid down in Article 12 of the Protocol, giving a total of six years. This category does not include freezer trawlers. Landings and transhipments encouraged under the terms of the Protocol and of Annex I. |

FISHING CATEGORY 3: VESSELS FISHING FOR DEMERSAL SPECIES OTHER THAN BLACK HAKE WITH GEAR OTHER THAN TRAWLS |

1. Fishing zone |

1.1 (i) North of latitude 19°48’50” N, from 3 nautical miles from the Cap Blanc - Cap Timiris baseline; |

(ii) South of latitude 19°48’50” N as far as latitude 19°21’00” N, west of longitude 16°45’00” W; |

(iii) South of latitude 19°21’00” N, from 3 nautical miles from the low-water mark. |

1.2 The zoning during the closed periods for cephalopod fisheries is as follows: |

(i) Between Cap Blanc and Cap Timiris: |

20°46’00” | N | 17°03’00” | W |

20°46’00” | N | 17°47’00” | W |

20°03’00” | N | 17°47’00” | W |

19°47’00” | N | 17°14’00” | W |

19°21’00” | N | 16°55’00” | W |

19°15’60” | N | 16°51’50” | W |

19°15’60” | N | 16°49’60” | W |

(ii) South of Cap Timiris (south of latitude 19°15’60” N) and up to Nouakchott (17°50’00” N), the exclusion zone is the 3-mile line from the low-water mark. |

(iii) South of Nouakchott (south of latitude 17°15’00” N), the exclusion zone is the 3-mile line from the low-water mark. |

2. Authorised gear |

– Longline; |

– fixed gillnets with a maximum depth of 7 m and a maximum length of 100 m. Gillnets made of polyamide monofilaments are banned under Mauritanian legislation; |

– handline; |

– creels; |

– seine for fishing for live bait. |

3. Minimum authorised mesh |

120 mm for the gillnet. |

16 mm for live bait fishing; 20 mm from 1 August 2007. |

4. By-catches |

In accordance with Mauritanian legislation. Where Mauritanian legislation does not contain any rules on by-catches of certain species, the two Parties shall consult within the Joint Committee to lay down the authorised rate. |

5. Authorised tonnage |

2006/07 | 2007/08 | 2008/09 | 2009/10 | 2010/11 | 2011/12 |

Authorised tonnage (GT) per licence period | 2 324 GT | 2 324 GT | 2 324 GT | 2 324 GT | 2 324 GT | 2 324 GT |

Fees in EUR per GT per year | 233 | 244 | 254 | 264 | 274 | 274 |

6. Comments |

The fees are fixed for the two-year period of application of the Protocol, and for the two periods of tacit renewal laid down in Article 12 of the Protocol, giving a total of six years. The type of fishing gear to be used should be notified when applying for the licence. |

Seines may be used only to fish for bait for use in line and creel fishing. |

Use of creels is authorised for no more than seven vessels of under 135 GT each. |

Landings and transhipments encouraged under the terms of the Protocol and of Annex I. |

The two Parties shall agree within the Joint Committee and on the basis of the best available scientific advice approved by the Joint Scientific Committee on the most appropriate biological recovery period. |

FISHING CATEGORY 4: PELAGIC FREEZER TRAWLERS FISHING FOR DEMERSAL SPECIES |

1. Fishing zone |

1.1 (i) North of latitude 19°15’60” N, west of the line joining the following points: |

20°46’30” | N | 17°03’00” | W |

20°36’00” | N | 17°11’00” | W |

20°36’00” | N | 17°36’00” | W |

20°03’00” | N | 17°36’00” | W |

19°45’70” | N | 17°03’00” | W |

19°29’00” | N | 16°51’50” | W |

19°15’60” | N | 16°51’50” | W |

19°15’60” | N | 16°49’60” | W |

(ii) South of latitude 19°15’60” N as far as latitude 17°50’00” N, west of the 18-mile line from the low-water mark. |

(iii) South of latitude 17°50’00” N, west of the 12-mile line from the low-water mark. |

2. Authorised gear |

Trawl net. |

Doubling of the cod-end is prohibited. |

Doubling of the twine forming the cod-end is prohibited. |

3. Minimum authorised mesh |

70 mm |

4. Biological recovery |

Two (2) months: September and October. |

The two Parties may decide by mutual agreement within the Joint Committee to adjust, increase or reduce the above biological recovery period, and to lay down closed periods in certain zones to protect nursery areas and areas with a high concentration of juvenile fish. |

5. By-catches: |

In accordance with Mauritanian legislation. Where Mauritanian legislation does not contain any rules on by-catches of certain species, the two Parties shall consult within the Joint Committee to lay down the authorised rate. |

6. Authorised tonnage/Fees |

2006/07 | 2007/08 | 2008/09 | 2009/10 | 2010/11 | 2011/12 |

Authorised tonnage (GT) per licence period | 750 GT | 750 GT | 750 GT | 750 GT | 750 GT | 750 GT |

Fees in EUR per GT per year | 144 | 150 | 156 | 163 | 169 | 169 |

7. Comments |

The fees are fixed for the two-year period of application of the Protocol, and for the two periods of tacit renewal laid down in Article 12 of the Protocol, giving a total of six years. Landings and transhipments encouraged under the terms of the Protocol and of Annex I. |

FISHING CATEGORY 5: CEPHALOPODS |

1. Fishing zone |

North of latitude 19°15’60” N, outside the zone marked by the following points: |

20°46’30” | N | 17°03’00” | W |

20°40’00” | N | 17°07’50” | W |

19°57’00” | N | 17°07’50” | W |

19°28’20” | N | 16°48’00” | W |

19°18’50” | N | 16°48’00” | W |

19°18’50” | N | 16°40’50” | W |

19°15’60” | N | 16°38’00” | W |

South of latitude 19°15’60” N as far as latitude 17°50’00” N, west of the 9-mile line from the low-water mark. |

South of latitude 17°50’00” N, west of the 6-mile line from the low-water mark. |

2. Authorised gear |

Demersal trawling |

Doubling of the cod-end is prohibited. |

Doubling of the twine forming the cod-end is prohibited. |

3. Minimum authorised mesh |

70 mm |

4. Biological recovery |

Two (2) months: September and October. The two Parties may decide by mutual agreement within the Joint Committee, on the basis of the best available scientific advice, to adjust, increase or reduce the above biological recovery period, and to lay down closed periods in certain zones to protect nursery areas and areas with a high concentration of juvenile fish. |

5. By-catches: |

In accordance with Mauritanian legislation. Where Mauritanian legislation does not contain any rules on by-catches of certain species, the two Parties shall consult within the Joint Committee to lay down the authorised rate. |

6. Authorised tonnage/Fees |

2006/07 | 2007/08 | 2008/09 | 2009/10 | 2010/11 | 2011/2012 |

Authorised tonnage (GT) per licence period | 18 600 GT | 18 600 GT | 18 600 GT | 18 600 GT | 18 600 GT | 18600 GT |

Fees in EUR per GT per year | 321 | 335 | 349 | 363 | 377 | 377 |

7. Comments |

The fees are fixed for the two-year period of application of the Protocol, and for the two periods of tacit renewal laid down in Article 12 of the Protocol, giving a total of six years. The authorised tonnage (GT) may vary by a maximum of 2%. |

Landings and transhipments encouraged under the terms of the Protocol and of Annex I. |

FISHING CATEGORY 6: CRAWFISH |

1. Fishing zone |

1.1 North of latitude 19°21’00” N, 20 nautical miles from the Cap Blanc - Cap Timiris baseline. |

1.2 South of latitude 19°21’00” N, 15 nautical miles from the low-water mark. |

2. Authorised gear |

Pot. |

3. Minimum authorised mesh |

Netting: 50 mm mesh; from 1 August 2007, 60 mm. |

4. Biological recovery |

Two (2) months: September and October. |

The two Parties may decide by mutual agreement within the Joint Committee to adjust, increase or reduce the above biological recovery period. |

5. By-catches: |

In accordance with Mauritanian legislation. Where Mauritanian legislation does not contain any rules on by-catches of certain species, the two Parties shall consult within the Joint Committee to lay down the authorised rate. |

6. Authorised tonnage/Fees |

2006/07 | 2007/08 | 2008/09 | 2009/10 | 2010/11 | 2011/12 |

Authorised tonnage (GT) per licence period | 300 GT | 300 GT | 300 GT | 300 GT | 300 GT | 300 GT |

Fees in EUR per GT per year | 260 | 271 | 283 | 294 | 305 | 305 |

7. Comments |

The fees are fixed for the two-year period of application of the Protocol, and for the two periods of tacit renewal laid down in Article 12 of the Protocol, giving a total of six years. Landings and transhipments encouraged under the terms of the Protocol and of Annex I. |

FISHING CATEGORY 7: FREEZER TUNA SEINERS |

1. Fishing zone |

1.1 North of 19°21’00” N, 30 nautical miles from the Cap Blanc - Cap Timiris baseline. |

1.2 South of 19°21’00” N, 30 nautical miles from the low-water mark. |

2. Authorised gear |

– Seine net. |

3. Minimum authorised mesh |

Recommended ICCAT standard. |

4. By-catches: |

In accordance with Mauritanian legislation. Where Mauritanian legislation does not contain any rules on by-catches of certain species, the two Parties shall consult within the Joint Committee to lay down the authorised rate. |

5. Authorised tonnage/Fees |

Fee per tonne caught | EUR 35 |

Number of vessels authorised to fish | 36 |

Advance in EUR per vessel per year | EUR 1 750 |

6. Comments |

The fees are fixed for the two-year period of application of the Protocol, and for the two periods of tacit renewal laid down in Article 12 of the Protocol, giving a total of six years. Landings and transhipments encouraged under the terms of the Protocol and of Annex I. |

FISHING CATEGORY 8: POLE-AND-LINE TUNA VESSELS AND SURFACE LONGLINERS |

1. Fishing zone |

For surface longliners, the zoning is the same as for tuna seiners in category 7. |

For pole-and-line tuna vessels, the following zoning applies: 1.1 North of 19°21’00” N, 15 nautical miles from the Cap Blanc - Cap Timiris baseline; |

1.2 South of latitude 19°21’00” N, 12 nautical miles from the low-water mark. |

Fishing zone authorised for live-bait fishing: |

- North of latitude 19°48’50” N, from 3 nautical miles from the Cap Blanc - Cap Timiris baseline; |

- South of latitude 19°48’50” N as far as latitude 19°21’00” N, west of longitude 16°45’00” W; |

- South of latitude 19°21’00” N, from 3 nautical miles from the low-water mark. |

2. Authorised gear |

Pole-and-line and surface longlines. |

3. By-catches: |

In accordance with Mauritanian legislation. Where Mauritanian legislation does not contain any rules on by-catches of certain species, the two Parties shall consult within the Joint Committee to lay down the authorised rate. |

4. Authorised tonnage/Fees |

Number of vessels authorised to fish | 31 |

Pole-and-line vessels – fee per tonne caught | EUR 25 |

Bottom longliners – fee per tonne caught | EUR 35 |

Advance in EUR per vessel per year | EUR 2 500 for pole-and-line vessels EUR 3 500 for bottom longliners |

5. Comments |

The fees are fixed for the two-year period of application of the Protocol, and for the two periods of tacit renewal laid down in Article 12 of the Protocol, giving a total of six years. |

(1) Minimum authorised mesh size for live-bait fishing: Fishing for live bait will be limited to a number of days per month laid down by the Joint Committee. The start and end of such fishing must be notified to the Surveillance authority. |

(2) In accordance with the relevant ICCAT and FAO recommendations, fishing for the basking shark (Cetorhinus maximus), white shark (Carcharodon carcharias), sand tiger shark (Carcharias taurus) and tope shark (Galeorhinus galeus) is prohibited. |

(3) In accordance with ICCAT recommendations 04-10 and 05-05 concerning the conservation of sharks caught in association with fisheries managed by ICCAT. |

(4) Landings and transhipments encouraged under the terms of the Protocol and of Annex I. (5) The two Parties shall agreement on the practical arrangements to allow this category to fish or collect the live bait needed for fishing by these vessels. Should such fishing be carried out in sensitive areas or with non-conventional gear, these arrangements shall be laid down on the basis of IMROP recommendations and in agreement with the Surveillance authority. |

FISHING CATEGORY 9: PELAGIC FREEZER TRAWLERS |

1. Fishing zone |

(i) North of latitude 19°21’00” N, outside the zone marked by the following points: |

20°46’30” | N | 17°03’00” | W |

20°36’00” | N | 17°11’00” | W |

20°36’00” | N | 17°24’10” | W |

19°57’00” | N | 17°24’10” | W |

19°45’70” | N | 17°03’00” | W |

19°29’00” | N | 16°51’50” | W |

19°21’00” | N | 16°45’00” | W |

(ii) South of latitude 19°21’00” N as far as 17°50’00” N, from 13 nautical miles from the low-water mark. |

(iii) South of latitude 17°50’00” N as far as 16°04’00” N, from 12 nautical miles from the low-water mark. |

2. Authorised gear |

Pelagic trawl. |

The bag of the pelagic or semi-pelagic trawl may be strengthened with a piece of netting with a minimum mesh size of 400 mm of stretched mesh and by straps placed at least 1.5 metres apart, except for the strap at the back of the trawl which may not be placed less than 2 metres from the window in the bag. The strengthening or doubling of the bag for any other reason is prohibited and the trawl may in no case target species other than the small pelagic species authorised. |

3. Minimum authorised mesh |

40 mm |

4. By-catches: |

In accordance with Mauritanian legislation. Where Mauritanian legislation does not contain any rules on by-catches of certain species, the two Parties shall consult within the Joint Committee to lay down the authorised rate. |

5. Authorised tonnage/Fees |

Number of vessels authorised to fish at the same time | 22 |

Fees in EUR per GT per year | 2006/07 | 2007/08 | 2008/09 | 2009/10 | 2010/11 | 2011/12 |

Vessels of below 5 000 GT | 8 | 8.1 | 8.2 | 8.3 | 8.4 | 8.5 |

Vessels of 7 000 GT or above but below 9 500 GT | 7 | 7.1 | 7. 2 | 7.3 | 7.4 | 7.5 |

Vessels of 7 000 GT or above but below 9 500 GT | 6 | 6.1 | 6.2 | 6.3 | 6.4 | 6.5 |

The maximum total allowable catch for the freezer trawler fleet under the above licence arrangements is 440 000 tonnes per year. The licences granted to these vessels shall specify the reference tonnage granted to each of them. Any overrun on this reference tonnage shall be subject to a supplementary fee of EUR 15 per tonne. |

6. Comments |

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. The fees are fixed for the two-year period of application of the Protocol, and for the two periods of tacit renewal laid down in Article 12 of the Protocol, giving a total of six years. |

Landings and transhipments encouraged under the terms of the Protocol and of Annex I. |

FISHING CATEGORY 10: CRAB FISHING |

1. Fishing zone |

(i) North of latitude 19°15’60” N, west of the line joining the following points: |

20°46’30” | N | 17°03’00” | W |

20°36’00” | N | 17°11’00” | W |

20°36’00” | N | 17°36’00” | W |

20°03’00” | N | 17°36’00” | W |

19°45’70” | N | 17°03’00” | W |

19°29’00” | N | 16°51’50” | W |

19°15’60” | N | 16°51’50” | W |

19°15’60” | N | 16°49’60” | W |

(ii) South of latitude 19°15’60” N as far as latitude 17°50’00” N, west of the 18-mile line from the low-water mark. |

(iii) South of latitude 17°50’00” N, west of the 12-mile line from the low-water mark. |

2. Authorised gear |

Crab pot. |

3. Minimum authorised mesh |

Netting: 50 mm mesh; from 1 August 2007, 60 mm. |

4. Biological recovery |

Two (2) months: September and October. The two Parties may decide by mutual agreement within the Joint Committee, on the basis of the best available scientific advice, to adjust, increase or reduce the above biological recovery period, and to lay down closed periods in certain zones to protect nursery areas and areas with a high concentration of juvenile fish. |

5. By-catches: |

In accordance with Mauritanian legislation. Where Mauritanian legislation does not contain any rules on by-catches of certain species, the two Parties shall consult within the Joint Committee to lay down the authorised rate. |

6. Authorised tonnage/Fees |

2006/07 | 2007/08 | 2008/09 | 2009/10 | 2010/11 | 2011/12 |

Authorised tonnage (GT) per year | 300GT | 300 GT | 300 GT | 300 GT | 300 GT | 300 GT |

Fees in EUR per GT per year | 260 | 271 | 283 | 294 | 305 | 305 |

7. Comments |

The fees are fixed for the two-year period of application of the Protocol, and for the two periods of tacit renewal laid down in Article 12 of the Protocol, giving a total of six years. Landings and transhipments encouraged under the terms of the Protocol and of Annex I. |

FISHING CATEGORY 11: NON-FREEZER PELAGIC VESSELS |

1. Fishing zone |

(i) North of latitude 19°21’00” N, outside the zone marked by the following points: |

20°46’30” | N | 17°03’00” | W |

20°36’00” | N | 17°11’00” | W |

20°36’00” | N | 17°24’10” | W |

19°57’00” | N | 17°24’10” | W |

19°45’70” | N | 17°03’00” | W |

19°29’00” | N | 16°51’50” | W |

19°21’00” | N | 16°45’00” | W |

(ii) South of latitude 19°21’00” N as far as 17°50’00” N, from 13 nautical miles from the low-water mark. |

(iii) South of latitude 17°50’00” N as far as 16°04’00” N, from 12 nautical miles from the low-water mark. |

2. Authorised gear |

Pelagic trawl and purse seine for industrial fishing. |

The bag of the pelagic or semi-pelagic trawl may be strengthened with a piece of netting with a minimum mesh size of 400 mm of stretched mesh and by straps placed at least 1.5 metres apart, except for the strap at the back of the trawl which may not be placed less than 2 metres from the window in the bag. The strengthening or doubling of the bag for any other reason is prohibited and the trawl may in no case target species other than the small pelagic species authorised. |

3. Minimum authorised mesh |

40 mm for trawlers and 20 mm for seiners. |

4. By-catches: |

In accordance with Mauritanian legislation. Where Mauritanian legislation does not contain any rules on by-catches of certain species, the two Parties shall consult within the Joint Committee to lay down the authorised rate. |

5. Authorised tonnage/Fees |

Authorised tonnage | 15 000 GT per month (annual average), equivalent to 3 monthly licences for pelagic freezer trawler in category 9. |

The averaging of monthly figures over a year shall mean that the average use per month at the end of a year of the Protocol corresponds to the above figure, with the possibility of carrying over unused quantities from one month to the following month. |

2006/07 | 2007/08 | 2008/09 | 2009/10 | 2010/11 | 2011/12 |

Fees in EUR per GT per year | 7 | 7.1 | 7.2 | 7.3 | 7.4 | 7.5 |

6. Comments |

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. The fees are fixed for the two-year period of application of the Protocol, and for the two periods of tacit renewal laid down in Article 12 of the Protocol, giving a total of six years. There is no limit on catches by non-freezer pelagic vessels. Transitional arrangements for taking seamen on board are laid down in Annex I (point 6 of Chapter XV). |

Landings and transhipments encouraged under the terms of the Protocol and of Annex I. |

ANNEX I

CONDITIONS FOR THE EXERCISE OF FISHING ACTIVITIES BY COMMUNITY VESSELS IN MAURITANIA’S FISHING ZONES

CHAPTER I

Documents required for licence applications

1. On each vessel’s first licence application, the Commission, via the Delegation, shall submit to the Ministry a licence application form duly completed in respect of each vessel for which a licence is requested in accordance with the model in Appendix 1 to this Annex. The particulars relating to the name of the vessel, its tonnage in GT, external registration number, radio call sign, engine power, overall length and home port shall be as contained in the fishing vessel register of the Community.

2. On a first licence application, the shipowner shall include with the application:

- a copy certified by the Member State of the international tonnage certificate giving the tonnage of the vessel expressed in GT;

- a recent colour photograph certified by the competent authorities of the Member State showing a side view of the vessel in its current state. The photograph shall be at least 15 cm by 10 cm.

3. Any alteration to the tonnage of a vessel shall oblige the shipowner concerned to submit a copy certified by the Member State of the new tonnage certificate and any supporting documents concerning the alteration and, in particular, the copy of the application lodged by the shipowner with the competent authorities, the agreement of those authorities and the details of the changes made.

Where the structure or external appearance of the vessel is changed, a new photograph certified by the competent authorities of the Member State must also be submitted.

4. Applications for fishing licences shall be lodged only for those vessels for which the documents required under points 1, 2 and 3 above have been sent.

CHAPTER II

Licences - application, issue and validity

1. Eligibility to fish

1.1. Each vessel wishing to fish under this Agreement must be eligible for fishing in Mauritanian fishing zones.

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

2. Licence applications

2.1. For licences for pelagic fishing vessels, the Commission, via the Delegation, shall submit licence applications to the Ministry at least ten working days before the start of fishing operations accompanied by the documents attesting to the technical characteristics.

For all other types of licence, the Commission, via the Delegation, shall submit to the Ministry quarterly lists of the vessels by fishing category wishing to engage in fishing activities within the limits specified in the Fishing Datasheets included in the Protocol, at least one month before the start of the period of validity of the licences requested. Such lists shall be accompanied by proof of payment. Licence applications failing to arrive within the deadline will not be handled.

2.2. These lists shall specify by fishing category, the number of vessels and, for each vessel, its main characteristics, including its fishing gear, referred to in the fishing vessel register of the Community, the amount of payments due broken down by heading and the number of Mauritanian seamen.

2.3. A data file containing all the particulars required to draw up the fishing licences, including any amendments to the vessel data, shall also be attached to the licence application in a format compatible with the software used by the Ministry.

2.4. Licence applications shall be accepted only in respect of eligible vessels which have completed all the formalities specified in points 2.1, 2.2 and 2.3 above.

2.5 Vessels holding fishing licences for neighbouring countries may indicate in their licence applications the country and species concerned and the period of validity of such licences to facilitate their multiple entries into and exits from the fishing zone.

2.6. Any personal data transferred under the licence applications – and more generally within the framework of this Agreement – may be used only within the framework of this Agreement.

3. Issue of licences

3.1. The Ministry shall issue the licences to the vessel following submission, by the shipowner’s representative, of individual proofs of payment for each vessel (receipt of payment issued by the Mauritanian Public Treasury), as specified in Chapter IV, at least 10 days before the start of their period of validity. That deadline shall be five days in the case of ocean-going vessels. The licences may be obtained from the offices of the Ministry in Nouadhibou or Nouakchott.

3.2. Licences shall also indicate the period of validity, the vessel’s technical characteristics, the number of Mauritanian seamen and the payment references of the fees, and the conditions relating to fishing activities as laid down in the relevant Fishing Datasheets.

3.3. Fishing licences may be issued only for vessels which have complied with all the administrative formalities required for the issue of licences. Vessels which receive a licence will be entered on the list of vessels authorised to fish which will be sent simultaneously to the Surveillance authority and the Commission, via the Delegation.

3.4 The Commission shall be notified of licence applications refused by the Mauritanian authorities, via the Delegation. Where appropriate, the Ministry shall provide a credit note against payments relating to these after deduction of the balance of any outstanding unpaid fines.

3.5 The two Parties shall seek agreement for the purposes of promoting the introduction of an electronic licence system.

4. Validity and utilisation of licences

4.1. Licences shall be valid only for the period covered by the fees paid under the terms laid down in the Fishing Datasheets and specified in the licence.

Licences shall be issued for periods of three, six or twelve months. They shall be renewable.

For pelagic vessels (categories 9 and 11), licences may be monthly. For pelagic trawlers (category 9 only), licences shall indicate the authorised quota for that vessel (see point 3 of Chapter XV). Any unused quota in the period covered by the licence may be transferred to a new licence for the same vessel or transferred to another vessel in the same category.

The period of validity of licences shall be determined on the basis of the following annual periods:

first period: from 1 August 2006 to 31 December 2006

second period: from 1 January 2007 to 31 December 2007

third period: from 1 January 2008 to 31 December 2008

fourth period: from 1 January 2009 to 31 December 2009

fifth period: from 1 January 2010 to 31 December 2010

sixth period: from 1 January 2007 to 31 December 2011

seventh period: from 1 January 2012 to 31 July 2012.

Licences may not start running during one annual period and expire during the next.

4.2. Licences shall be issued for a given vessel and shall not be transferable. However, in the event of force majeure duly established by the competent authorities of the Member State and at the request of the Commission, a licence issued for one vessel shall be replaced as soon as possible by a licence issued for another vessel of the same category on condition that the tonnage authorised for that category is not exceeded.

4.3. The licence to be replaced shall be returned by the Commission via the Delegation to the Ministry, which shall then issue the new licence.

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

4.5. Licences must be held on board the eligible vessel at all times and presented to the inspection authorities on the occasion of any inspection.

CHAPTER III

Fees

1. Fees shall be calculated for each vessel on the basis of the annual rates laid down in the Fishing Datasheets included in the Protocol. In the case of three-month and six-month licences, the fees shall be calculated pro rata temporis , plus 3% and 2% respectively to cover recurrent costs in drawing up the licences. The amounts of such licence fees shall include all related fees and taxes, with the exception of the parafiscal charge[4], port taxes and service charges[5]. Until 31 July 2008, a share of two percent of the amount of the fees corresponding to the costs of observers shall be paid to a specific account as provided for in Chapter IV of this Annex. After this period, and without prejudice to Article 12 of this Protocol, a budgetary allocation for financing the sworn body of independent scientific observers and inspectors shall be entered into the finance act, as provided for in Annex IV, and shall replace this percentage payment.

2. Fees shall be payable in quarterly periods with the exception of the shorter periods stipulated in the Agreement or consequent on its application, in which case they shall be payable pro rata for the actual duration of the licence.

3. A quarter shall consist of one of the three-month periods beginning 1 October, 1 January, 1 April or 1 July, except for the first and last period of the Protocol which shall run from 01.08.2006 to 30.09.2006 and from 01.03.2012 to 31.07.2012 respectively.

CHAPTER IV

Methods of payment

1. Payments shall be made in euro as follows:

(a) fees:

- by transfer to one of the foreign accounts of the Central Bank of Mauritania payable to the Mauritanian Public Treasury;

(b) fees relating to the cost of scientific observers and the parafiscal charge:

- by transfer to one of the foreign accounts of the Central Bank of Mauritania payable to the Surveillance authority;

(c) fines:

- by transfer to one of the foreign accounts of the Central Bank of Mauritania payable to the Mauritanian Public Treasury;

(d) penalties for licence increases:

- by transfer to one of the foreign accounts of the Central Bank of Mauritania payable to the Ministry.

2. The amounts referred to in point 1 above shall be considered as actually received on receipt of confirmation from the Treasury or the Ministry following notification by the Central Bank of Mauritania.

3. Before the entry into force of the Protocol, the Mauritanian Authorities shall supply the Commission with a list of the Central Bank of Mauritania’s foreign accounts with the details required for international transfers (BIC and IBAN codes).

CHAPTER V

Communication of catch data

1. The duration of a voyage by a Community vessel shall be defined as follows:

- either the period elapsing between entering and leaving the Mauritanian fishing zone;

- or the period elapsing between entering the Mauritanian fishing zone and a transhipment;

- or the period elapsing between entering the Mauritanian fishing zone and a landing in Mauritania.

2. Fishing log

2.1. Masters of vessels shall make a daily record of all the operations specified in the fishing log as shown in the model attached as Appendix 2 to this Annex. This document must be completed correctly and legibly and signed by the master of the vessel. For vessels fishing for highly-migratory species, Chapter XIV of this Annex shall apply.

2.2. Fishing logs from which entries have been omitted or which contain invalid information shall be deemed not to have been duly kept.

2.3. At the end of each voyage, the original of the fishing log shall be sent by the master of the vessel to the Surveillance authority. Within 15 working days, the shipowner shall forward a copy of the log to the national authorities of the Member State and to the Commission, via the Delegation.

2.4. Failure to comply with points 2.1, 2.2 or 2.3 above shall entail, irrespective of the penalties laid down by Mauritanian law, automatic suspension of the fishing licence until the shipowner has met such obligations.

2.5 The two Parties shall seek agreement for the purposes of promoting the introduction of an electronic logbook system.

2.6 For pelagic vessels (categories 9 and 11), checks on catches shall take place on landing and on transhipment or at the end of the trip.

3. Supplementary fishing log (landing and transhipment declarations)

3.1. On landing or transhipment, masters of vessels are required to complete correctly and legibly and to sign the supplementary fishing log as shown in the model attached as Appendix 3 to this Annex.

3.2. At the end of each landing operation, the shipowner shall send the original of the supplementary fishing log to the Surveillance authority, with a copy to the Ministry, within a period of no more than 30 days. Within the same period, a copy shall be sent to the national authorities of the Member State and to the Commission, via the Delegation.

3.3. At the end of each authorised transhipment, the master shall immediately send the original of the supplementary fishing log to the Surveillance authority, with a copy to the Ministry. Within 15 working days, a copy shall be sent to the national authorities of the Member State and to the Commission, via the Delegation.

3.4. Failure to comply with points 3.1, 3.2 or 3.3 above shall entail automatic suspension of the fishing licence until the shipowner has met such obligations.

4. Quarterly catch declarations

4.1. By the end of the third month of each quarter the Commission, via the Delegation, shall notify the Ministry of the quantities caught in the previous quarter by all Community vessels.

4.2. This information shall be broken down by month and by type of fishing, by vessel and by species.

4.3 The information shall also be sent to the Ministry in the form of a data file in a format compatible with the software used by the Ministry.

5. Reliability of data

The information in the documents referred to in points 1, 2, 3 and 4 above must reflect the actual fishing situation in order to constitute one of the bases for monitoring changes in marine resources.

CHAPTER VI

By-catches

1. In accordance with Mauritanian law, the percentage of by-catches laid down in the Fishing Datasheets in the Protocol shall be calculated at any time during fishing according to the total live weight of the catch on board.

2. Where these percentages exceed the authorised by-catches, penalties shall be imposed in accordance with Mauritanian law and may result in the complete banning of the offenders, both masters and vessels, from all fishing activities in Mauritania.

3. The keeping of unauthorised species on board vessels shall be forbidden. Offenders shall be punished in accordance with Mauritanian law.

CHAPTER VII

Landings in Mauritania

In the interests of improving integration with a view to the joint development of their respective fisheries sectors, the Parties have agreed to encourage voluntary landings and to adopt the following provisions in respect of such landings in Mauritanian ports.

GENERAL CONDITIONS AND FINANCIAL INCENTIVES

1. Landings shall be made at the Mauritanian port of Nouadhibou. Shipowners shall choose the landing dates. They shall inform the Mauritanian port authorities of the chosen date by fax or e-mail 72 hours before their expected arrival at the port, indicating the estimated total quantity to be landed. The port authorities shall confirm by the same means within 24 hours, to the shipowner or agent, that the landing operations can take place within 24 hours of the vessel’s arrival in port.

2. Landing operations shall be completed within 24 hours of the vessel’s arrival in port.

3. At the end of landing operations, the competent port authorities shall issue a landing certificate to the master.

4. During the vessel’s presence in port, its fishermen shall be entitled to free passage with a seaman’s licence.

5. Community vessels making landings or transhipments in Mauritania shall have their licence fees reduced for the period during which the landings or transhipments are made. The reduction shall be 25% of the cost of the current licence for vessels landing catches and 15% for vessels carrying out transhipments.

6. Detailed implementing rules: copies of the landing certificate(s) for the landing operations carried out by the vessel concerned shall be sent to the Delegation. When submitting a new licence application for that vessel, the Delegation shall send the Ministry the copies of the certificates together with a request for reduction of the fees for the new licence.

7. Before the end of the first six months of application of this Protocol, the Ministry shall send the following information to the Delegation:

- the general rules on landings, including port charges;

- the establishments approved under the relevant Community regulations;

- the bonded warehouses;

- the maximum size and number of vessels which can have access to them;

- storage conditions and capacity for fresh, chilled and deep-frozen (-22°C) products;

- means and frequency of transport to bring fresh fishery products to external markets;

- average supply prices and terms (fuel, provisions, etc.);

- radio call sign, telephone and fax numbers, telex addresses, working hours of the port authorities’ offices;

- any other information which can facilitate landing operations.

TAX AND FINANCIAL CONDITIONS

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

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

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

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

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

CHAPTER VIII

Signing-on of Mauritanian seamen

1. Apart from tuna seiners (which shall endeavour to sign on at least one Mauritanian seaman per vessel), pole-and-line tuna vessels (which must sign on three Mauritanian seamen per vessel, and pelagic vessels in category 11 (for which transitional provisions are laid down in point 6 of Chapter XV of this Annex), each Community vessel shall sign on Mauritanian seamen for the duration of the voyage. There shall be at least:

- 2 seamen plus 1 officer or 1 observer for vessels of less than 200 GT;

- 3 seamen plus 1 officer or 1 observer for vessels of at least 200 GT and less than 250 GT;

- 4 seamen plus 1 officer or 1 observer for vessels of at least 250 GT and less than 300 GT;

- 6 seamen and 1 officer for vessels of at least 300 and less than 350 GT;

- 7 seamen and 1 officer for vessels of at least 350 and less than 500 GT;

- 8 seamen and 1 officer for vessels of at least 500 and less than 800 GT;

- vessels of 800 GT or more and less than 2 000 GT shall sign on a number of seamen equivalent to 37% of the crew, but not less than 8 seamen and 2 officer;

- vessels of 2 000 GT or more shall sign on a number of seamen equivalent to 37% of the crew, but not less than 12 seamen and 2 officers.

1.2 For vessels of 800 GT or more, the minimum number of seamen to be signed on board shall be reduced by 2 for each additional officer taken on board.

1.3 Shipowners shall be free to choose the Mauritanian seamen and officers to sign on their vessels in accordance with the Merchant Shipping Code.

2. The shipowner or agent shall inform the Ministry of the names of the Mauritanian seamen signed on the vessel concerned, mentioning their position in the crew.

3. The International Labour Organisation (ILO) Declaration on Fundamental Principles and Rights at Work shall apply as of right to seamen signed on by EU vessels. 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.

4. Mauritanian seamen’s employment contracts, a copy of which shall be given to the signatories, shall be drawn up between the shipowners’ agent(s) and the seamen and/or their trade unions or representatives in consultation with the competent Mauritanian authorities. These contracts shall guarantee the seamen the social security cover applicable to them, including life assurance and sickness and accident insurance.

5. Shipowners or their agents shall send, within two months of the issue of the licence, a copy of that contract duly signed by the competent authorities of the Member State concerned direct to the Ministry.

6. Mauritanian seamen’s wages shall be paid by the shipowners. They shall be fixed, before licences are issued, by mutual agreement between the shipowners or their agents and the Mauritanian seamen concerned or their representatives. However, the wage conditions granted to Mauritanian seamen shall not be lower than those applied to Mauritanian crews and shall comply with ILO standards and under no circumstances be below those standards.

7. If one or more seamen employed on board fail to report at the time agreed for the vessel’s departure, the vessel shall be permitted to start the planned trip after informing the competent authorities in the port of embarkation of the shortfall in the number of seamen required and having updated its crew list. The authorities concerned shall notify the Ministry thereof.

The shipowner shall take all necessary steps to ensure that the number of seamen required by this Agreement sign on the vessel by the next trip at the latest.

8. Where no Mauritanian seamen are taken on board for reasons other than that specified to in the previous point, shipowners shall be obliged to pay as soon as possible a flat-rate amount of EUR 20 per day of fishing in the Mauritanian fishing zone per seaman within a maximum of three months.

This sum shall be used for training Mauritanian fishermen and shall be paid into the account specified in point 1(b) of Chapter IV to this Annex.

9. Twice a year, on 1 January and 1 July, the Commission, via the Delegation, shall send the Ministry a list of Mauritanian seamen signed on Community vessels, with details of their registration as crew members and the vessels concerned.

10. Without prejudice to point 7 above, recurring failure by shipowners to sign on the requisite number of Mauritanian seamen shall result in automatic suspension of the vessels’ fishing licence until such obligations have been met.

CHAPTER IX

Technical inspection

1. Once a year and after any alteration in tonnage or changes to the fishing category necessitating the use of a different type of gear, all Community vessels shall report to the port of Nouadhibou or Nouakchott to undergo the inspections required by the legislation in force. Such inspections shall take place within 48 hours of the vessel’s arriving in port.

The technical inspection procedures applying to tuna vessels, surface longliners and pelagic fishing vessels shall be as laid down in Chapters XIV and XV of this Annex.

2. Once the inspection has been completed satisfactorily, the master of the vessel shall be issued with a certificate having the same period of validity as the licence which shall be automatically extended, free of charge, in the case of vessels renewing their licence within the year. This certificate must be kept on board at all times.

3. The technical inspection shall check the conformity of the vessel’s technical characteristics and gear and ensure that the provisions relating to its Mauritanian crew have been complied with.

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

5. Failure to comply with points 1 or 2 above shall entail automatic suspension of the fishing licence until the shipowner has met such obligations.

CHAPTER X

Vessel identification

1. The identification marks of all Community vessels must conform to the relevant Community legislation. The Ministry must be notified of such legislation before this Protocol enters into force. The Ministry must further be notified of any amendment to the legislation at least 1 month before its entry into force.

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

CHAPTER XI

Suspension or withdrawal of licences

Where the Mauritanian authorities decide to suspend or definitively withdraw the licence of a Community vessel, in application of this Protocol and Mauritanian law, the master of that vessel shall immediately cease fishing activities and make for the port of Nouadhibou