Proposal for a Council Decision on the conclusion of an Agreement in the form of an Exchange of Letters concerning the provisional application of the Agreement on cooperation in the sea fisheries sector between the European Community and the Islamic Republic of Mauritania initialled in Brussels on 20 June 1996 (96/C 352/01) COM(96) 417 final - 96/0210(AVC)

(Submitted by the Commission on 9 September 1996)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

Having regard to the Agreement between the European Economic Community and the Islamic Republic of Mauritania on fishing off the coast of Mauritania, which entered into force on 14 June 1988, and in particular Article 13 thereof (1),

Having regard to Council Regulation (EEC) No 3760/92 of 20 December 1992 establishing a Community system for fisheries and aquaculture (2), and in particular Article 8 (4) thereof,

Having regard to the proposal from the Commission,

Whereas on 18 January 1996 the Islamic Republic of Mauritania terminated the said Fisheries Agreement and called on the Community, pursuant to the second subparagraph of Article 13 thereof, to enter into negotiations leading to the conclusion of a new Agreement;

Whereas, in the wake of the negotiations, the Community and the Islamic Republic of Mauritania have initialled on 20 June 1996 a new Agreement on relations between them in the sea fisheries sector which provides fishing opportunities for Community fishermen in waters over which Mauritania has sovereignty or jurisdiction;

Whereas, in order to manage them efficiently, the fishing opportunities available to the Community in Mauritania's fishing zone should be divided between the Member States in accordance with Article 8 of Regulation (EEC) No 3760/92;

Whereas the fishing activities covered by this Decision are subject to the controls provided for in Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to the common fisheries policy (3);

Whereas, to ensure implementation of this Agreement, it is necessary for the Member States to ensure that shipowners comply with their obligations and provide the Commission with all relevant information;

Whereas, to prevent any interruption of Community vessel's fishing activities, the Parties have also initialled an Exchange of Letters providing for the provisional application of the Agreement from 1 August 1996; whereas, therefore, it is imperative that this Exchange of Letters be concluded as soon as possible, pending conclusion of the Agreement on the basis of Article 43 of the Treaty,

HAS DECIDED:

Article 1

The Agreement in the form of an Exchange of Letters between the European Community and the Islamic Republic of Mauritania concerning the provisional application of the Agreement on cooperation in the sea fisheries sector, hereinafter referred to as 'the Agreement`, is hereby approved on behalf of the Community.

The text of the Agreement is attached to this Decision.

Article 2

The fishing opportunities arising from the provisional application of the Agreement shall be divided according to the table in the Annex.

Where, in a fishing category, a Member State draws up licence applications for less than its allocated tonnage, the Commission shall offer shipowners from the other Member States the opportunity to submit applications.

Article 3

The Member States shall:

(a) check that the data given on the licence application forms provided for in Appendix 1 to Annex I to the Agreement match those in the Community register of fishing vessels established by Commission Regulation (EC) No 109/94 of 19 January 1994 concerning the fishing vessel register of the Community (4), as amended by Regulation (EC) No 493/96 (5), and report to the Commission any changes in those data at the time of subsequent applications.

They shall likewise verify the accuracy of the other data necessary for the drawing- up of licences;

(b) submit licence applications to the Commission in accordance with Article 3 (1) of Council Regulation (EC) No 3317/94 (6), no later than two working days before the deadline laid down in point 2.1 of Chapter II of Annex I to the Agreement;

(c) provide the Commission each month with a list of vessels whose licences have been suspended with, by port, the date on which a licence was handed over and the date on which it was restored;

(d) transmit to the Commission the summaries of the inspection reports referred to in point 2 of Chapter IV of Annex II to the Agreement. The summaries shall describe the inspections carried out, the results obtained and the action taken;

(e) transmit to the Commission each month a copy of the scientific observers' reports provided for in point 14 of Chapter V of Annex II to the Agreement;

notify the Commission immediately of any infringements revealed by the information contained in these reports and the action taken;

enter the scientific data contained in these reports in an electronic database. The Commission shall have access to these databases;

(f) transmit to the Commission and at the same time to Mauritania's competent authorities a copy of the notice of the inspection missions planned under point 4 of Chapter VI of Annex II to the Agreement and, where relevant, notify them that an observer will be taking part;

transmit to the Commission a copy of the reports of the observers appointed by their supervisory authorities pursuant to point 3 of Chapter VI of Annex II to the Agreement;

(g) adopt the provisions needed to take appropriate action and initiate administrative proceedings, as provided for in point 15 of Chapter V of Annex II to the Agreement.

Article 4

The President of the Council is hereby authorized to designate the persons empowered to sign the Agreement in the form of an Exchange of Letters in order to bind the Community.

(1) OJ No L 388, 31. 12. 1987, p. 1.

(2) OJ No L 389, 31. 12. 1992, p. 1.

(3) OJ No L 261, 20. 10. 1993, p. 1.

(4) OJ No L 19, 22. 1. 1994, p. 5.

(5) OJ No L 72, 21. 3. 1996, p. 12.

(6) OJ No L 350, 31. 12. 1994, p. 13.

ANNEX

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AGREEMENT in the form of an Exchange of Letters concerning the provisional application of the Agreement on cooperation in the sea fisheries sector between the European Community and the Islamic Republic of Mauritania initialled in Brussels on 20 June 1996

A. Letter from the European Community

Sir,

With reference to the Agreement on cooperation in the sea fisheries sector between the European Community and the Islamic Republic of Mauritania, initialled in Brussels on 20 June 1996, I have the honour to inform you that the European Community is ready to apply this Agreement on a provisional basis from 1 August 1996, pending the entry into force of the Agreement, provided that the Islamic Republic of Mauritania is disposed to do likewise.

This is on the understanding that, in that case, in accordance with Article 3 of the Protocol, the first instalment of the financial compensation specified in Article 2 of the Protocol shall be paid by 30 November 1996 at the latest. However, the Community shall do its utmost to act sooner.

I should be obliged if you would acknowledge receipt of this letter on such provisional application and confirm your agreement with its contents.

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

On behalf of the Council of the European Union

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

Sirs,

I am in receipt of your letter of today's date which reads as follows:

'Sir,

With reference to the Agreement on cooperation in the sea fisheries sector between the European Community and the Islamic Republic of Mauritania, initialled in Brussels on 20 June 1996, I have the honour to inform you that the European Community is ready to apply this Agreement on a provisional basis from 1 August 1996, pending the entry into force of the Agreement, provided that the Islamic Republic of Mauritania is disposed to do likewise.

This is on the understanding that, in that case, in accordance with Article 3 of the Protocol, the first instalment of the financial compensation specified in Article 2 of the Protocol shall be paid by 30 November 1996 at the latest. However, the Community shall do its utmost to act sooner.

I should be obliged if you would acknowledge receipt of this letter on such provisional application and confirm your agreement with its contents.`

I have the honour to confirm that the contents of your letter are acceptable to the Government of the Islamic Republic of Mauritania and that your letter and this one constitute an Agreement in accordance with your proposal.

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

For the Government of the Islamic Republic of Mauritania