Specify the method for calculating the impact on revenue.

Enter as many years as necessary to show the duration of the impact (see point 1.6)

–◻ The proposal/initiative has the following financial impact:

–☑ The proposal/initiative has no financial impact on revenue.

Enter as many years as necessary to show the duration of the impact (see point 1.6)

–☑ The proposal/initiative does not provide for co-financing by third parties.

Explain what is required, specifying the headings and budget lines concerned and the corresponding amounts.

–◻ The proposal/initiative requires application of the flexibility instrument or revision of the multiannual financial framework.

–◻ The proposal/initiative will entail reprogramming of the relevant heading in the multiannual financial framework.

–☑ The proposal/initiative is compatible with the current multiannual financial framework.

The human resources required will be met by staff from the DG who are already assigned to management of the action and/or have been redeployed within the DG, together if necessary with any additional allocation which may be granted to the managing DG under the annual allocation procedure and in the light of budgetary constraints.

Enter as many years as necessary to show the duration of the impact (see point 1.6)

–◻ The proposal/initiative requires the use of human resources, as explained below:

–☑ The proposal/initiative does not require the use of human resources.

The appropriations required for human resources and other expenditure of an administrative nature will be met by appropriations from the DG that are already assigned to management of the action and/or have been redeployed within the DG, together if necessary with any additional allocation which may be granted to the managing DG under the annual allocation procedure and in the light of budgetary constraints.

Enter as many years as necessary to show the duration of the impact (see point 1.6)

–◻ The proposal/initiative requires the use of appropriations of an administrative nature, as explained below:

–☑ The proposal/initiative does not require the use of appropriations of an administrative nature.

–☑ The proposal/initiative requires the use of operational appropriations, as explained below:

–◻ The proposal/initiative does not require the use of operational appropriations

Enter as many years as necessary to show the duration of the impact (see point 1.6)

• TOTAL appropriations of an administrative nature financed from the envelope for specific programmes

If more than one heading is affected by the proposal/initiative:

• TOTAL appropriations of an administrative nature financed from the envelope for specific programmes

(*) NB: amounts subject to review as from the third year; p.m.: part of the payment appropriations could be disbursed in 2026.

Appropriations of an administrative nature financed from the envelope of specific programmes

[This section should be filled in using the spreadsheet on budget data of an administrative nature (second document in annex to this financial statement) and uploaded to CISNET for inter-service consultation purposes]

within the meaning of Article 21(2)(b) of the Financial Regulation.

In the order of multiannual financial framework headings and budget lines.

within the meaning of Article 21(2)(b) of the Financial Regulation.

In the order of multiannual financial framework headings and budget lines.

The Commission undertakes to establish political dialogue and regular coordination with Mauritania with a view to improving the management of the Agreement and the Protocol and strengthening the EU’s contribution to sustainable resource management. Any payment which the Commission makes under an SFPA is subject to the Commission’s standard rules and budgetary and financial procedures. In particular, the bank accounts of the third countries into which the financial contribution is paid are fully identified. The financial contribution relating to access under Article 5(8) of the Protocol and the contribution linked to support for developing the sector under Annex 2 to the Protocol must be paid into a Public Treasury account. Furthermore, under Article 5(17) of the Protocol, European institutions may carry out on-site checks on projects financed through the financial contribution linked to sectoral support provided to the partner country under the Protocol.

Payments relating to access costs under SFPAs are subject to checks aimed at ensuring their compliance with the provisions of international agreements. Checks relating to sectoral support are aimed at monitoring its implementation. Monitoring is carried out by Commission staff in EU Delegations and during Joint Committee meetings. A multiannual programming matrix is used to evaluate progress. If progress is insufficient, the payment of the next instalment is suspended or possibly reduced. The overall cost of the checks on all SFPAs is estimated to be around 1.8% (of total contributions in 2018). The procedures for checks on SFPAs are based largely on essential regulatory requirements. If no shortcomings are detected that could have a significant impact on the legality and regularity of the financial transactions, the checks are considered effective. The average error rate is estimated to be below the materiality threshold.

2.2.3.Estimate of the costs and benefits of checks and assessment of the expected level of risk of error

Sectoral support will be paid for the first time within 3 months of the Joint Committee approving the annual and multiannual implementation programme, and will be conditional on the results achieved for the following years. The results achieved and the implementation rate will be monitored in accordance with the conditions for the provision of sectoral support for Mauritania’s fisheries policy laid down in Annex 2 to the Protocol and on the basis of reports or documentary evidence provided by the partner country and assessments and verifications carried out by the fisheries attaché.

The payments for access will be made annually on the anniversary date of the Protocol, except in the first year, when the payment will be made within 60 days of the start of provisional application. However, the contribution for access for the first year will be paid in two instalments, the first being conditional on adoption by Mauritania of a management plan for fisheries targeting small pelagic species. Vessel access will be controlled by the issuing of fishing authorisations.

Separate payments will be made for the contribution for access and the contribution linked to sectoral support.

The identified risk is the under-use of fishing opportunities by EU vessel owners and the under-use or delayed use by Mauritania of funds intended to finance the sectoral fisheries policy. Extensive dialogue is planned on the programming and implementation of the sectoral policy referred to in the Agreement and the Protocol. Joint analysis of results, as referred to in Article 8 of the Protocol, also forms part of these control methods. In addition, the Agreement and the Protocol contain specific clauses for their suspension, under certain conditions and in given circumstances.

Furthermore, the SFPA provides for at least one annual meeting of the Joint Committee, at which the Commission and Mauritania will review the implementation of the Agreement and Protocol and, if necessary, adjust the programming and the financial contribution.

The Commission (DG MARE, in cooperation with its fisheries attaché responsible for Mauritania, based in Nouakchott, and in coordination with the relevant Commission departments) will ensure regular monitoring of the implementation of the Protocol as regards the use of fishing opportunities by operators, catch data and compliance with the conditions for sectoral support.

–If more than one management mode is indicated, please provide details in the ‘Comments’ section.

–◻ persons entrusted with the implementation of specific actions in the CFSP pursuant to Title V of the TEU, and identified in the relevant basic act.

–◻ bodies governed by the private law of a Member State that are entrusted with the implementation of a public-private partnership and that provide adequate financial guarantees;

–◻ bodies governed by private law with a public service mission to the extent that they provide adequate financial guarantees;

–◻ bodies referred to in Articles 208 and 209 of the Financial Regulation;

–◻ international organisations and their agencies (to be specified);

–◻ third countries or the bodies they have designated;

–☑ By its departments, including by staff in the EU delegations;

–☑ Proposal/initiative in force from the date of signing in 2021, for a period of 5 years, ending in 2026

Funds provided as financial compensation for access under the SFPA constitute fungible revenue in the national budget of Mauritania. However, the conclusion and monitoring of SFPAs require funds intended for sectoral support to be allocated (generally by including it in the annual budget law) to the Ministry responsible for fisheries. These financial resources are compatible with other sources of funding from other providers of international funding for projects and/or programmes to be carried out at national level in the fisheries sector.

1.5.4.Compatibility and possible synergy with other appropriate instruments

Analysis of past catches in the Mauritanian fishing zone and of recent catches under similar protocols in the region, as well as the available assessments and scientific advice, have led the parties to set fishing opportunities in terms of catch limit (TAC) or reference tonnage for the categories referred to in the above explanatory memorandum. The fishing opportunities set will be the subject of a joint evaluation and a possible adjustment under Article 7 of the Protocol before the start of the third year. The sectoral support takes into account the need to boost the capacity of Mauritania’s fisheries authorities and the priorities of the national fisheries strategy, including, in particular, scientific research and fishing control and monitoring activities.

Failure by the EU to conclude a new Protocol would impede the fishing activity of EU vessels, as the current Agreement contains a clause excluding fishing activity not taking place in the framework defined by a protocol to the Agreement. Consequently, the added value for the EU’s long-distance fleet is very clear. The Protocol also offers a framework for enhanced cooperation between the EU and Mauritania.

The new Protocol will provide a framework for fishing activity by the EU fleet in the Mauritanian fishing zone and will allow EU vessel owners to apply for fishing authorisations to fish in that zone. In addition, the new Protocol will enhance cooperation between the EU and Mauritania with the aim of promoting the development of all aspects of a sustainable fisheries policy. It provides, in particular, for vessels to be monitored via VMS and for the electronic transmission of catch data. The sectoral support available under the Protocol will help Mauritania in the context of its national fisheries strategy, including in the fight against IUU fishing, while promoting decent working conditions for fishing activity.

It is intended that the new Agreement and Implementing Protocol will apply provisionally from the date on which they are signed so as to minimise any period in which fishing will not be possible.

1.5.1.Requirement(s) to be met in the short or long term

Contribution to improving research, surveillance and control of fishing activity by the partner country and the development of its fisheries sector, in particular small-scale fisheries.

Contribution to creating jobs and establishing decent working conditions in the fisheries sector, creating added value in the EU and stabilising the EU market (in aggregate with other SFPAs).

Catch data (gathering and analysis) and the commercial value of the Agreement.

Fishing opportunity exploitation rates (annual uptake of fishing authorisations as a percentage of availability under the Protocol).

Specify the indicators for monitoring implementation of the proposal/initiative.

Lastly, the Agreement and the Protocol will support Mauritania’s sustainable exploitation of its marine resources and contribute to its fishing economy by promoting growth and decent working conditions in fishing-related economic activities.

The Agreement and the Protocol will also contribute to better management and conservation of fishery resources, through financial (sectoral) support for the implementation of programmes adopted at national level by the partner country, in particular the fisheries comprehensive plan, the monitoring and combating of illegal fishing and support for the small-scale fisheries sector.

Concluding the Agreement and the Implementing Protocol means that the strategic fisheries partnership between the European Union and Mauritania can be continued and strengthened. Concluding the Protocol will create fishing opportunities for EU vessels in the Mauritanian fishing zone.

Specify the effects which the proposal/initiative should have on the beneficiaries/groups targeted.

08 05 01 – Establishing a governance framework for fishing activities carried out by EU fishing vessels in third country waters

To contribute to sustainable fishing in non-EU waters, maintain a European presence in distant-water fisheries and protect the interests of the European fisheries sector and consumers by negotiating and concluding SFPAs with coastal states, consistent with other European policies.

SFPAs also ensure consistency between the principles governing the common fisheries policy and commitments made under other European policies (sustainable use of third-country resources, combating illegal, unreported and unregulated (IUU) fishing, integration of partner countries into the global economy, contributing to sustainable development in all its dimensions, and better political and financial governance of fisheries).

The negotiation and conclusion of sustainable fisheries partnership agreements (SFPAs) with third countries meet the general objective of giving EU fishing vessels access to the fishing zones of third countries and developing a partnership with those countries with a view to strengthening the sustainable exploitation of fishery resources outside EU waters.

◻ The proposal/initiative relates to an action redirected towards a new action

◻ The proposal/initiative relates to the extension of an existing action

08 05 01 – Establishing a governance framework for fishing activities carried out by EU fishing vessels in third country waters

Proposal for a Council decision on the conclusion of the Sustainable Fisheries Partnership Agreement between the European Union and the Islamic Republic of Mauritania and of the Implementing Protocol thereto

2.2.3.Estimation and justification of the cost-effectiveness of the controls (ratio of ‘control costs ÷ value of the related funds managed’), and assessment of the expected levels of risk of error (at payment and at closure)

2.2.2.Information concerning the risks identified and the internal control system(s) set up to mitigate them

2.2.1.Justification of the management arrangement(s), the funding implementation mechanism(s), the payment methods and the control strategy proposed

1.5.5.Assessment of the different available financing options, including scope for redeployment

1.5.4.Compatibility with the multiannual financial framework and possible synergies with other appropriate instruments

1.5.2.Added value of EU involvement (it may result from different factors, e.g. coordination gains, legal certainty, greater effectiveness or complementarity). For the purposes of this point, ‘added value of EU involvement’ is the value resulting from EU action which is additional to the value that would have been otherwise created by the Member States alone.

1.5.1.Requirement(s) to be met in the short or long term, including a detailed timeline for implementing the initiative

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

The Commission shall, on behalf of the Union, give the notification provided for in Article 26 of the Protocol with a view to expressing the Union’s consent to be bound by the Protocol.

In accordance with the provisions and conditions laid down in Annex II to this Decision, the Commission is authorised to approve, on behalf of the Union, amendments to the Protocol adopted by the Joint Committee established under Article 14 of the Agreement.

The text of the Agreement and of the Protocol is annexed to this Decision.

The Sustainable Fisheries Partnership Agreement between the European Union and the Islamic Republic of Mauritania (‘the Agreement’) and the Implementing Protocol thereto (‘the Protocol’) are hereby approved on behalf of the Union.

(6)These measures should enter into force as soon as possible in view of the economic importance of Union fishing activity in the Mauritanian fishing zone and the need to limit any interruption of this activity as much as possible,

(5)The Union’s position on proposed amendments to the Protocol should be established by the Council. The proposed amendments should be approved unless a blocking minority of Member States objects to them in accordance with Article 16(4) of the Treaty on European Union.

(4)Article 14 of the Agreement establishes a Joint Committee responsible for monitoring the implementation of the Agreement and the Implementing Protocol thereto. Furthermore, the Joint Committee may approve certain amendments to the Protocol pursuant to Article 7(1) thereof. In order to facilitate the approval of such amendments, the Commission should be empowered, subject to specific substantive and procedural conditions, to approve them on behalf of the Union under a simplified procedure.

(3)The Agreement and Protocol should be approved on behalf of the European Union.

(2)The objective of the Partnership Agreement and of the Protocol is to enable the Union and the Islamic Republic of Mauritania to work closely together to further promote the development of sustainable fisheries policy and the responsible exploitation of fishery resources in the Mauritanian fishing zone and in the Atlantic Ocean, while helping to establish decent working conditions in the fisheries sector.

(1)In accordance with Council Decision [XXX] of […], the Sustainable Fisheries Partnership Agreement between the European Union and the Islamic Republic of Mauritania and the Implementing Protocol thereto were signed on [....], subject to their conclusion at a later date.

Having regard to the consent of the European Parliament,

Having regard to the proposal from the European Commission,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 43(2) in conjunction with Article 218(6)(a)(v) and (7) thereof,

on the conclusion of the Sustainable Fisheries Partnership Agreement between the European Union and the Islamic Republic of Mauritania and of the Implementing Protocol thereto

Monitoring arrangements are provided for in the Sustainable Fisheries Partnership Agreement and its Implementing Protocol.

For the first 2 years of application of the Protocol, the annual financial contribution for access to Mauritanian waters and fishery resources in those waters is a maximum of EUR 57 500 000. This amount will be reviewed before the third year of application of the Protocol. Such a review is necessary to take account of the development of the fish stocks covered by the Protocol, the management measures for these stocks to be adopted very shortly by Mauritania, and the effects in the long term of the technical measures put in place to make the protocol more attractive to European fleets. In particular, the review will allow fishing opportunities to be aligned with the actual fishing activity of European fleets in Mauritanian waters and, if necessary, will lead to an adjustment of the financial contribution paid by the EU. The financial contribution linked to support for development of Mauritania’s sectoral fisheries policy is maintained at the overall level of the current Protocol, i.e. EUR 16 500 000 for the entire duration of the Protocol, but is spread over a period of 5 years, taking into account the rate of uptake of the funds and amounts that remain available under the current Protocol. This support meets the objectives of Mauritania’s national strategic plan for fisheries. The annual amount for commitment and payment appropriations is established during the annual budgetary procedure, including for the reserve line for protocols not yet having entered into force at the beginning of the year.

The negotiated agreement includes a clause on the consequences of violating the essential elements regarding human rights laid down in Article 9 of the Cotonou Agreement, or the corresponding article of the agreement which will succeed it.

The Commission used an independent consultant for the ex-post and ex-ante evaluations, in accordance with the provisions of Article 31(10) of the Regulation establishing the common fisheries policy.

Member States, industry representatives and international civil society organisations, as well as Mauritania’s fisheries administration and civil society, were consulted as part of the evaluation. Consultations also took place in the framework of the Long Distance Advisory Council.

For the EU, it is important to maintain an instrument allowing close sectoral cooperation with a country which, due to the size of the fishing area under its jurisdiction, is a major player in ocean governance at sub-regional level. Strengthening relations with Mauritania will also make it possible to create alliances within ICCAT and other regional bodies, in particular CECAF. Furthermore, for the EU fleet this means maintaining access to an important fishing area for the deployment of harvesting strategies under a multiannual, international legal framework. For the Mauritanian authorities, the aim is to maintain relations with the EU in order to strengthen ocean governance, benefit from dedicated sectoral support that provides for funding opportunities over several years, and use the vessel activity to start industrialising its processing sector to help diversify its economy.

The evaluation concluded that the EU fishing sector has a strong interest in fishing in Mauritania and that the renewal of the Protocol was in the interest of both parties. Furthermore, renewing the Protocol would help to strengthen monitoring, control and surveillance and would contribute to improved fisheries governance in the region.

In 2018 the Commission carried out an ex-post evaluation of the 2015-2019 Protocol to the FPA with Mauritania as well as an ex-ante evaluation of a possible renewal of the Protocol.

The proposal is proportionate to the objective of establishing a legal, environmental, economic and social governance framework for fishing activity carried out by EU vessels in third country waters, as set out in Article 31 of the Regulation establishing the common fisheries policy. It complies with those provisions as well as with those on financial assistance to third countries laid down in Article 32 of that Regulation.

The proposal falls under the exclusive competence of the European Union.

Article 17(1) of the Treaty on European Union lays down that, with the exception of the common foreign and security policy, the Commission is to ensure the EU’s external representation. Consequently, officials designated by the Commission have sole competence to notify an agreement between the EU and a third country.

The legal basis is Article 43(2) of the Treaty on the Functioning of the European Union (TFEU), which establishes the common fisheries policy, and Article 218(6) TFEU, which provides that a decision concluding the agreement must be adopted by the Council on a proposal by the negotiator.

In the case of Mauritania, the Sustainable Fisheries Partnership Agreement is part of a broader bilateral partnership framework covering various fields such as development cooperation, security policy, human rights, immigration, working conditions, the environment and policies to support the outermost regions.

The negotiation of a new sustainable fisheries partnership agreement and implementing protocol with Mauritania forms part of the EU’s external action in relation to African, Caribbean and Pacific (ACP) countries and takes into account, in particular, EU objectives on respecting democratic principles and human rights.

– Category 7 – Non-freezer pelagic vessels: 15 000 tonnes (deducted from the volume under category 6, if used) and 2 vessels.

– Category 3 – Vessels fishing for demersal species other than black hake with gear other than trawls: 3 000 tonnes and 6 vessels;

– Category 1 – Vessels fishing for crustaceans other than spiny lobster and crab: 5 000 tonnes and 15 vessels;

The new Protocol provides for the same fishing opportunities as the current Protocol during the first 2 years of application, except for a marginal adjustment of the reference tonnage for the two types of tuna vessel. Specifically, it covers the following categories:

The Protocol aims to grant fishing opportunities to European Union vessels in the Mauritanian fishing zone in accordance with the best available scientific advice and the resolutions and recommendations of the International Commission for the Conservation of Atlantic Tunas (ICCAT) and the Fishery Committee for the Eastern Central Atlantic (CECAF), within the limits of the available surplus. The Commission based its negotiating position in part on the results of an evaluation of the previous Protocol (2015-2019) and a forward-looking assessment of whether a new protocol should be concluded. These were carried out by external experts. The aim is also to enhance cooperation between the European Union and the Islamic Republic of Mauritania so as to promote sustainable fisheries policy and sound exploitation of fishery resources in the Mauritanian fishing zone and in the Atlantic Ocean, in the interest of both parties. This cooperation will also help to create jobs and to promote decent working conditions in the fisheries sector.

The main objective of the new Agreement is to provide an updated framework for cooperation, taking into account the priorities of the reformed common fisheries policy and its external dimension, with a view to continuing and strengthening the strategic partnership between the European Union and the Islamic Republic of Mauritania in the field of fisheries.

The purpose of the proposal is to authorise the conclusion of both documents.

The new Implementing Protocol covers a period of 5 years from the date of provisional application laid down in Article 19 thereof, that being the date on which it is signed by both parties. It contains a clause providing for a review during its second year of application, with a view to a possible adjustment of the fishing opportunities and financial compensation.

The new Agreement covers a period of 6 years from the date of provisional application laid down in Article 20 thereof, that being the date on which it is signed by both parties. It is tacitly renewable.

The Fisheries Partnership Agreement (‘FPA’) between the Islamic Republic of Mauritania and the European Community was signed on 8 August 2008 for a period of 6 years, and was applied on a provisional basis from the same date. It is tacitly renewable and is therefore still in force. The latest 4-year Implementing Protocol (2015-2019) to the FPA was extended twice, each time for a period of 1 year. It expires on 15 November 2021. On the basis of the relevant negotiating directives, the European Commission conducted negotiations with the Government of the Islamic Republic of Mauritania (‘Mauritania’) with a view to concluding, on behalf of the European Union, a new sustainable fisheries partnership agreement and implementing protocol. Following these negotiations, an agreement and a protocol were initialled by the negotiators on 28 July 2021.

on the conclusion of the Sustainable Fisheries Partnership Agreement between the European Union and the Islamic Republic of Mauritania and of the Implementing Protocol thereto

EUROPEAN COMMISSION Brussels, 28.9.2021 COM(2021) 589 final ANNEXES to the Proposal for a Council Decision on the conclusion of the Sustainable Fisheries Partnership Agreement between the European Union and the Islamic Republic of Mauritania and of the Implementing Protocol thereto



ANNEX I PARTNERSHIP AGREEMENT on sustainable fisheries between the European Union and the Islamic Republic of Mauritania THE EUROPEAN UNION, Hereinafter referred to as the ‘Union’, and THE ISLAMIC REPUBLIC OF MAURITANIA, Hereinafter referred to as ‘Mauritania’, Referred to collectively as the ‘Parties’ and individually as the ‘Party’; CONSIDERING the close working relationship between the Union and Mauritania, particularly in the context of the Cotonou Agreement establishing a close working relationship between the European Community and its Member States, of the one part, and Mauritania, of the other part, or of the agreement between the European Union and the ACP countries that will succeed the Cotonou Agreement on the date of its provisional application or entry into force, and their mutual desire to intensify this relationship; COMMITTED to strict compliance with international law and fundamental human rights while ensuring mutual benefits for the Parties concerned; HAVING REGARD TO the United Nations Convention on the Law of the Sea (UNCLOS) concluded in Montego Bay in 1982; AWARE of the importance of the principles laid down by the Code of Conduct for Responsible Fisheries adopted at the Food and Agriculture Organization (FAO) Conference in 1995; RECOGNISING the importance of the Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing, and intending to take all the necessary measures to implement it effectively; DETERMINED to apply the decisions and recommendations adopted by the relevant regional fisheries management organisations of which the Parties are members; AIMING, to these ends, to take into account available and relevant scientific advice and relevant management plans adopted by the competent regional fisheries management organisations so as to ensure the environmental sustainability of fishing activities and to promote ocean governance internationally; RESOLVED, for these purposes, to set up a dialogue on matters such as fisheries governance, the fight against illegal, unreported and unregulated fishing and the control, monitoring and surveillance of fishing activities; AIMING for access to the fishing zone to be commensurate with the activity of the Union fishing fleet and for the European fleet to obtain an appropriate share of surplus fishery resources, under the same technical fishing conditions that apply to all fleets; CONVINCED that the partnership must be based on measures which, whether taken jointly or separately by each of the Parties, are complementary and ensure consistency and synergy of effort;

DECIDED, within the framework of Mauritania’s sectoral fisheries policy, to promote the 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; AIMING to lay down the terms and conditions for access to the fishing zone by Union vessels, taking into account the fishing capacity of the fleets operating in the zone, while paying special attention to the straddling and highly migratory nature of certain species; AWARE of the role played by the sea fisheries sector and related industries in the economic and social development of Mauritania and in various regions of the Union; RESOLVED to pursue closer economic and social cooperation with a view to establishing and strengthening sustainable fisheries and contributing to improved ocean governance, including by developing investments in line with Mauritania’s development objectives and involving enterprises of both Parties; HAVE AGREED AS FOLLOWS: GENERAL PROVISIONS Article 1 Definitions For the purposes of this Agreement: (a) ‘Mauritanian authorities’ means the Ministry of Fisheries and the Maritime Economy; (b) ‘Union authorities’ means the European Commission; (c) ‘Agreement’ means this Sustainable Fisheries Partnership Agreement between the European Union and the Islamic Republic of Mauritania, the Protocol implementing the Sustainable Fisheries Partnership Agreement between the European Union and the Islamic Republic of Mauritania and the Annexes and Appendices thereto; (d) ‘fishing activity’ means searching for fish, shooting, setting, towing or hauling fishing gear, taking catch on board, transhipping, retaining on board, processing on board, transferring, caging, fattening and landing of fish and fishery products; (e) ‘fishing vessel’ means any vessel equipped for commercial exploitation of marine biological resources; (f) ‘Union vessel’ means any fishing vessel flying the flag of a Member State of the Union and registered in the Union; (g) ‘vessel owner’ means the person who is legally responsible for and in charge and control of a fishing vessel; (h) ‘fishing zone’ means the waters under the sovereignty or jurisdiction of the Islamic Republic of Mauritania. The fishing activities by Union vessels provided for in this Agreement shall be carried out only in the zones in which fishing is authorised under Mauritanian law. This definition shall not affect any negotiations on the delimitation of the sea areas of coastal States bordering the fishing zone or the rights of third countries in general; (i) ‘management area’ means an area of activity delimited by geographical coordinates, permitted types of gear or authorised species; (j) ‘fishing authorisation’ means a fishing licence issued by the Mauritanian authorities to a Union fishing vessel, conferring the right to engage in fishing activities in the fishing zone; (k) ‘stock’ means a marine biological resource found in a given area;

(l) ‘fishery products’ means aquatic organisms caught as a result of fishing activities; (m) ‘aquaculture products’ means aquatic organisms resulting from aquaculture activities, at any stage of their life cycle, or products derived therefrom; (n) ‘fisheries sector’ means the sector of the economy encompassing all activities of production, processing and marketing of fishery and aquaculture products; (o) ‘fishing opportunity’ means a quantified legal entitlement to fish, expressed in terms of catches or number of vessels; (p) ‘sustainable fishing’ means fishing in accordance with the objectives and principles laid down by the Code of Conduct for Responsible Fisheries adopted at the FAO Conference in 1995. Article 2 Subject matter This Agreement establishes a framework for legal, environmental, economic and social governance of fishing activities carried out by Union fishing vessels, laying down in particular: (a) the conditions under which Union vessels may engage in fishing activities in the fishing zone; (b) economic and financial cooperation in the fisheries sector with a view to establishing a partnership in support of the fisheries sector and strengthening ocean governance; (c) administrative cooperation in order to implement the financial contribution, as defined in Article 13(2)(b) and (c); (d) scientific and technical cooperation with a view to ensuring the sustainable exploitation of fishery resources in the fishing zone and developing the fisheries sector; (e) cooperation on control and surveillance measures for monitoring activities in the fishing zone, so as to ensure that the rules in force are complied with and guarantee that measures aimed at conserving fishery resources and managing fishing activities are effective, in particular with a view to combating illegal, unreported and unregulated fishing. Article 3 Principles and objectives regarding the implementation of this Agreement 1. The Parties undertake to promote sustainable fishing in the fishing zone on the basis of the principle of non-discrimination between the different fleets present in that zone. 2. The Mauritanian authorities undertake to ensure that access to the fishing zone is commensurate with the activity of the Union fishing fleet. Mauritania is committed to ensuring that the European fleet will obtain an appropriate share of surplus fishery resources. The European fleet shall be granted the same technical fishing and access conditions that apply to all fleets. 3. In the interest of transparency, Mauritania undertakes to make public and exchange information relating to any agreement authorising foreign vessels in its fishing zone and the resulting fishing effort, in particular the number of fishing authorisations issued, the catches reported and the authorised fishing zones. 4. The Parties agree that Union fishing vessels are to catch only the allowable catch surplus referred to in Article 62(2) and (3) of the UNCLOS, as identified, in a clear and transparent manner, on the basis of available scientific advice and relevant information exchanged between the Parties on the total fishing effort exerted on the affected stocks by all fleets operating in the fishing zone. 5. With respect to straddling or highly migratory fish stocks, the Parties shall take due account of scientific assessments conducted at regional level, as well as conservation and management measures adopted by relevant regional fisheries management organisations, to determine the resources available for access.

6. The Parties undertake to implement the Agreement in accordance with Article 9 of the Cotonou Partnership Agreement, or the corresponding article of the agreement between the European Union and the ACP countries that will succeed the Cotonou Agreement on the date of its provisional application or entry into force, concerning the essential elements of human rights, democratic principles and the rule of law, and the fundamental elements of good governance. 7. The Parties undertake, in their mutual interest, to establish a close dialogue, facilitate consultation and inform one another, in particular, about the implementation of sectoral fisheries policy and ocean governance. 8. The Parties shall consult one another before taking any decision that could affect the activities of Union vessels under this Agreement. 9. The Parties undertake to ensure that the Declaration of the International Labour Organization (ILO) on fundamental principles and rights at work is fully applicable to all seafarers signed on to Union vessels, in particular as regards freedom of association, collective bargaining and the elimination of discrimination in respect of employment and occupation. 10. The Parties shall also cooperate in carrying out ex ante, ongoing and ex post evaluations of measures, programmes and actions implemented on the basis of this Agreement. Article 4 Access to the fishing zone by Union vessels The Mauritanian authorities undertake to authorise Union vessels to engage in fishing activities in the fishing zone in accordance with this Agreement. Article 5 Conditions for carrying out fishing activities and exclusivity clause 1. Union vessels may engage in fishing activities in the fishing zone covered by this Agreement only if they hold a fishing authorisation issued under this Agreement. Any fishing activity outside the framework of this Agreement is prohibited. 2. The Mauritanian authorities shall issue fishing authorisations to Union vessels exclusively under this Agreement. It is prohibited to issue any fishing authorisation to Union vessels outside the framework of this agreement, in particular in the form of direct authorisations. 3. The procedure for obtaining a fishing authorisation for a vessel, the fees applicable and the method of payment to be used by vessel owners shall be as set out in the Protocol and the Annexes and Appendices thereto. 4. The Parties shall ensure the proper implementation of these conditions and arrangements by means of appropriate administrative cooperation between their competent authorities. Article 6 Laws and regulations governing fishing activities 1. With a view to ensuring a regulatory framework for sustainable fishing, Union vessels operating in the fishing zone shall comply with the Mauritanian laws and regulations governing fishing activities in that zone, unless otherwise provided for in this Agreement. The Mauritanian authorities shall notify the Union authorities of the applicable laws and regulations no later than 1 month prior to the application of this Agreement. 2. The Union undertakes to take all appropriate measures to ensure that its vessels comply with this Agreement and with the notified laws and regulations, and that the monitoring, control and surveillance measures relating to fishing activities under this Agreement are effectively applied. 3. Union vessels must cooperate with the Mauritanian authorities responsible for monitoring, control and surveillance. 4. The Parties shall inform one another of any general decision that may have a bearing on the activities of Union vessels under this Agreement. The Parties shall notify one another in advance of any changes to their respective fisheries policy or legislation with a potential impact on the activities of Union vessels under this Agreement.

5. Any amendments to legislation affecting the activities of Union vessels in the fishing zone shall be enforceable with respect to Union vessels from the 60th day following receipt by the Union authorities of the notification from Mauritania, save in exceptional cases where this time limit is not applicable. Article 7 Partnership The Parties agree to strengthen their partnership, including in the fields of scientific cooperation, regional cooperation, cooperation between economic operators, cooperation in the area of monitoring, control and surveillance (MCS), combating illegal, unreported and unregulated fishing, and administrative cooperation aimed at implementing a sustainable fisheries policy. Article 8 Scientific cooperation 1. During the period covered by this Agreement, the Parties shall cooperate in order to monitor the state of resources in the fishing zone and, for that purpose, undertake to provide access to the available data. To that end, a joint scientific meeting is to be established, to be held once a year in ordinary session, alternately in the Union and in Mauritania. 2. On the basis of the conclusions of the scientific meeting and in the light of the best available scientific advice, the Parties shall consult each other in the Joint Committee provided for in Article 14 and, where necessary and by mutual agreement, take measures to ensure the sustainable management of fishery resources. 3. The Parties undertake to consult each other, either directly or within the relevant international organisations, to ensure the management and conservation of biological resources and to cooperate with respect to scientific research in this field. Article 9 Regional cooperation 1. The Parties undertake to cooperate within the regional fisheries management organisations (RFMOs) and regional fisheries organisations (RFOs) of which they are members in order to promote the conservation and sustainable management of biological resources and to ensure that fishing activities do not adversely affect the marine ecosystem. 2. In the context of meetings of the RFMOs and RFOs of which they are members, the Parties also undertake to consult each other regularly before and during such meetings, including on the possibility of submitting joint proposals within those organisations. Article 10 Cooperation between economic operators 1. The Parties shall encourage economic, scientific and technical cooperation in the fisheries sector and related sectors. They shall consult one another in order to facilitate and promote the various measures that might be taken to this end. 2. The Parties undertake to promote the exchange of information on fishing techniques and gear, preservation methods and the industrial processing of fishery 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 helping to create 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 the legislation in force. Article 11

Cooperation in the area of monitoring, control and surveillance and combating illegal, unreported and unregulated fishing 1. The Parties undertake to cooperate in the area of monitoring, control and surveillance of fishing activities in the fishing zone and to combat illegal, unreported and unregulated fishing with a view to establishing sustainable fishing. 2. Mauritania shall ensure the effective implementation of the fisheries control provisions provided for in this Agreement and in the Protocol hereto. Union vessels shall cooperate with the Mauritian authorities responsible for carrying out such control. GENERAL COMMITMENTS AND OBLIGATIONS Article 12 Administrative cooperation To ensure that measures for the conservation and management of fishery resources are effective, the Parties shall: –put in place administrative cooperation with a view to ensuring that Union vessels comply with the provisions of this Agreement; –cooperate to prevent and combat illegal fishing, in particular through the exchange of information and close administrative cooperation. Article 13 Financial contribution 1. The financial contribution is defined in the Protocol and the Annex and Appendices thereto. 2. The financial contribution referred to in paragraph 1 shall comprise: (a) financial compensation granted by the Union for access by Union vessels to the fishing zone; (b) fees to be paid by the owners of the Union vessels; (c) sectoral support granted by the Union towards the implementation of a sustainable fisheries policy, promotion of the fisheries sector and ocean governance, subject to annual and multiannual programming. 3. The financial contribution granted by the Union shall be paid in accordance with the procedure laid down by the Protocol. 4. The amount of the financial contribution referred to in paragraph 2(a) may be revised by the Joint Committee if:

(a) the fishing opportunities granted to Union fishing vessels are reduced, in particular 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; or (b) the fishing opportunities granted to Union vessels are increased, where the best available scientific advice concurs that the state of resources so permits; (c) the Agreement is suspended or terminated as provided for in Articles 21 or 22 hereof. 5. The financial contribution referred to in paragraph 2(c) shall be: (a) separate from the payments relating to access costs referred to in paragraph 2(a) and (b); (b) determined by, and conditional upon, achievement of the objectives of sectoral support in accordance with the Protocol and the annual and multiannual programming for its implementation. 6. The amount of the financial contribution referred to in paragraph 2(c) may be revised by the Joint Committee in the event of a reassessment of the terms of financial support for implementing sectoral policy. INSTITUTIONAL PROVISIONS Article 14 Joint Committee 1. A Joint Committee shall be set up, made up of representatives of the Parties. It shall be responsible for monitoring the application of this Agreement and may amend the Protocol and the Annexes and Appendices thereto. 2. The Joint Committee shall: (a) monitor the performance, interpretation and application of this Agreement; (b) define and evaluate the annual and multiannual programming of the financial contribution referred to in Article 13(2)(c); (c) provide the necessary liaison for matters of mutual interest relating to fisheries; (d) act as a forum for the amicable settlement of any disputes arising from the interpretation or application of this Agreement. 3. The Joint Committee may approve amendments to the Protocol and the Annexes thereto concerning: (a) adjustment of the fishing opportunities and, consequently, of the corresponding financial contribution referred to in Article 13(2)(a) and (b); (b) the sectoral support arrangements and, consequently, the corresponding financial contribution referred to in Article 13(2)(c);

(c) the technical conditions and arrangements under which Union vessels carry out their fishing activities; (d) any other function that the Parties decide, by mutual agreement, to confer on it, including with regard to combating illegal fishing, administrative cooperation and ocean governance. 4. The Joint Committee shall meet at least once a year, alternately in Mauritania and in the Union, or as otherwise agreed by the Parties, and shall be chaired by the Party hosting the meeting. It shall hold a special meeting at the request of either Party. The conclusions of Joint Committee meetings shall be recorded in minutes signed by both Parties. 5. The Joint Committee may take decisions by exchange of letter, where appropriate. Article 15 Area of Application This Agreement shall apply, on the one hand, to the territories subject to the Treaty on European Union and, on the other hand, to the territory of Mauritania and the waters under Mauritanian jurisdiction. Article 16 Dispute resolution The Parties shall consult one another on any dispute concerning the interpretation or application of this Agreement. Article 17 Status of the Protocol, Annexes, and Appendices The Protocol, the Annexes and the Appendices thereto shall form an integral part of this Agreement and shall also be governed by these final provisions. Article 18 Language and entry into force This Agreement is drawn up in the Arabic, Bulgarian, Croatian, Czech, Estonian, Danish, Dutch, English, Finnish, French, German, Greek, Hungarian, Irish, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish and Swedish languages, each of these texts being equally authentic. It shall enter into force on the date on which the Parties notify each other that they have completed the necessary procedures for that purpose. FINAL PROVISIONS Article 19

Duration This Agreement shall apply for 6 years from the date of its entry into force; it shall be tacitly renewed, unless notice of termination is given in accordance with Article 22. Article 20 Provisional application Signature of this Agreement by the Parties shall entail its provisional application prior to its entry into force, unless either Party decides, at the time of signature, that the Agreement should not apply provisionally. Article 21 Suspension 1. Application of this Agreement may be suspended at the initiative of either Party if one or more of the following situations applies: (a) circumstances, other than natural phenomena, arise which are beyond the reasonable control of one of the Parties and are such as to prevent fishing activities in the fishing zone; (b) a dispute arises between the Parties over the interpretation or implementation of this Agreement; (c) there is a violation, by one of the Parties, of the provisions of this Agreement, in particular Article 3(6), concerning respect for human rights; (d) the sectoral policy that led to the conclusion of this Agreement changes significantly, triggering a request by one of the Parties to amend it. 2. Suspension of application of this Agreement shall be notified by the Party concerned to the other Party in writing and shall take effect 3 months after receipt of the notification. Dispatch of that notification shall open consultations between the Parties with a view to finding an amicable solution to their dispute within 3 months. 3. Where differences are not resolved amicably and suspension is implemented, the Parties shall continue to consult each other with a view to finding a settlement to their dispute. Once such settlement is reached, implementation of the Agreement shall resume and the amount of the financial contribution referred to in Article 13(2) shall, unless otherwise agreed, be reduced proportionately and pro rata temporis according to the period during which the Agreement was suspended. Article 22 Termination 1. This Agreement may be terminated at the initiative of either Party if one or more of the following situations applies: (a) circumstances, other than natural phenomena, arise which are beyond the reasonable control of one of the Parties and are such as to prevent fishing activities in the fishing zone; (b) there is a decline in the stocks concerned; (c) there is a reduction in use of the fishing opportunities granted to Union vessels;

(d) there is a violation of the commitments entered into by the Parties with regard to combating illegal, unreported and unregulated fishing; (e) a dispute arises between the Parties over the interpretation or implementation of this Agreement and no amicable settlement has been reached within six (6) months; (f) one of the Parties fails to comply with this Agreement; (g) the sectoral policy that led to the conclusion of this Agreement changes significantly, triggering a request by one of the Parties to amend it which has not been fulfilled within six (6) months. 2. Termination of the Agreement shall be notified by the Party concerned to the other Party in writing and shall take effect 6 months after receipt of the notification, except if the Parties decide, by mutual agreement, to extend this period. 3. The Parties shall consult each other from the time when termination is notified with a view to finding an amicable settlement to their dispute within 6 months. 4. Payment of the financial contribution referred to in Article 13 for the year in which the termination takes effect shall be reduced proportionately and pro rata temporis. Such a reduction shall also apply if either Party terminates the provisional application. Article 23 Review The Parties agree to review this Agreement in order to take into account any changes in the legal, environmental, economic and social governance framework that may affect Union fishing activities. Article 24 Repeal The Fisheries Partnership Agreement between the European Community and the Islamic Republic of Mauritania which entered into force on 8 August 2008 is repealed.



PROTOCOL implementing the Sustainable Fisheries Partnership Agreement between the European Union and the Islamic Republic of Mauritania Article 1

Definitions For the purposes of this Protocol, the definitions laid down in Article 1 of the Agreement shall apply, except as amended below and supplemented as follows: 1. ‘Fisheries Agreement’ means the Sustainable Fisheries Partnership Agreement between the European Union and the Islamic Republic of Mauritania; 2. ‘Protocol’ means this Protocol implementing the Fisheries Agreement and the Annexes and Appendices hereto; 3. ‘landing’ means the unloading of any quantity of fishery products from on board a fishing vessel to land; 4. ‘transhipment’ means the unloading of all or any fishery products on board a vessel to another vessel; 5. ‘observer’ means any person authorised by a national authority, in accordance with the Annex, to observe fishing activity for scientific purposes; 6. ‘fishing licence’ means an administrative authorisation issued by the Department to the vessel owner against payment of fees and conferring the right to fish during the period in respect of which it was granted; 7. ‘fishing opportunity’ means a quantified legal entitlement to fish, expressed in terms of catches and/or fishing effort; 8. ‘operator’ means a natural or legal person who operates or holds an undertaking carrying out an activity related to any stage of the production, processing, marketing, distribution and retail of fishery and aquaculture products; 9. ‘Delegation’ means the Delegation of the European Union to Mauritania; 10. ‘Ministry’ means the Ministry of Fisheries and the Maritime Economy; 11. ‘agent’ is as defined in Article 538 of the Merchant Shipping Code of the Islamic Republic of Mauritania. Article 2 Objective The purpose of this Protocol is to implement the provisions of the Fisheries Agreement by laying down, in particular, the conditions for access by Union vessels to the Mauritanian fishing zone, as defined in Article 1(h) thereof, and the provisions for implementing the Sustainable Fisheries Partnership. Article 3 Fishing opportunities

1. From the date of application of this Protocol and for the period defined in Article 20, the fishing opportunities granted under Article 5 of the Fisheries Agreement shall be as laid down in the table attached to this Protocol and in keeping with the conditions stipulated in the datasheets contained in Annex 1 to this Protocol. 2. Paragraph 1 shall apply subject to the provisions of Articles 7, 10 and 23 of this Protocol. 3. Under Article 5 of the Fisheries Agreement, Union vessels may engage in fishing activities in the fishing zone only if they hold a fishing authorisation, in the form of a fishing licence issued under this Protocol and in accordance with the Annex and Appendices. Article 4 Overall fishing effort in Mauritanian waters and transparency 1. Access to fishery resources in the Mauritanian fishing zones shall be granted to foreign fleets to the extent that there is a surplus within the meaning of Article 62 of the United Nations Convention on the Law of the Sea and having taken into account the operating capacity of the national Mauritanian fleets. 2. In accordance with Mauritanian law, the objectives to be achieved in terms of sustainable development and management and total allowable catches shall be set by the Mauritanian Government for each fishery, following the advice of the body responsible for oceanographic research in Mauritania and the competent regional fisheries management organisations. 3. This Protocol shall guarantee Union fleets priority access to available surpluses in the Mauritanian fishing zone. The fishing opportunities allocated to Union fleets, as set out in Article 3 of this Protocol, shall come from the available surpluses and shall have priority over fishing opportunities allocated to other foreign fleets authorised to fish in the Mauritanian fishing zone. 4. All technical measures for the conservation, development and management of resources, as well as the financial arrangements, fees, public financial contribution and any other rights to which the issuing of fishing authorisations are subject, as specified for each fishery in Annex 1 to this Protocol, shall apply to all foreign industrial fleets operating in the Mauritanian fishing zones under technical conditions similar to those applicable to the Union fleets. 5. Mauritania undertakes to make public any public or private agreements granting foreign vessels access to its fishing zone, including: — the countries or other entities participating in the agreement; — the period(s) covered by the agreement; — the number of vessels and types of gear authorised; — the species or stocks authorised for fishing, including any catch limit applicable; — the required reporting, monitoring, control and surveillance measures; — a copy of the written agreement. 6. For the purposes of the implementation of paragraphs 4 and 5 above, Mauritania shall, each year, provide the Union with a detailed report indicating the number of fishing authorisations for each fishing category granted to vessels flying the flag of other third countries, the corresponding authorised catch volumes, the volumes actually caught and the financial and technical arrangements for providing such vessels with access to the Mauritanian fishing zone. That report shall be examined by the Joint Committee and may be made available to the Independent Joint Scientific Committee referred to in Article 9. 7. The template for the report referred to in paragraph 6 is set out in Annex 3 to this Protocol. Article 5

Financial contribution A. Financial contribution for access 1. For the period referred to in Article 20, the annual financial contribution for access referred to in Article 13(a) of the Agreement shall be EUR 57 500 000 per year, without prejudice to paragraphs 4 and 6, and subject to paragraph 10. 2. For the first year of application of the Protocol, the Union shall pay the financial contribution for access in two instalments: (a) an amount of EUR 50 000 000 shall be paid no later than 90 days after the date of provisional application of the Protocol; (b) an amount of EUR 7 500 000 shall be paid within 60 days of the Joint Committee’s approval of the management plan for small pelagic species in the Mauritanian fishing zone as referred to in Article 9(9). 3. For the second year of application, the financial contribution referred to in paragraph 1 shall be paid by the Union no later than the anniversary date of the first day of application of the Protocol. 4. From the third year of application of the Protocol, the financial contribution for access shall be determined following the procedure provided for in Article 7. 5. For the following years, the financial contribution for access determined in accordance with paragraph 4 shall be paid in full no later than the anniversary date of the first day of application of the Protocol. 6. For fishing categories 4 and 5 (tuna vessels), if catches made by Union tuna vessels in the Mauritanian fishing zone exceed the reference tonnage stipulated for each of those categories in Appendix 2, the Union shall pay an amount of EUR 45 for each additional tonne caught, in addition to the financial contribution referred to in paragraphs 1 to 3, without prejudice to the fee to be borne by vessel owners as indicated in the relevant datasheets. However, the amount paid by the Union in respect of that excess catch must not exceed an amount equivalent to twice the corresponding reference tonnage. If the catches made by Union vessels amount to more than twice the corresponding reference tonnage, the amount due in respect of the quantity in excess of that limit shall be paid the following year. 7. The fees payable by vessel owners are set out in Annex 1 and in the datasheets in Appendix 2 to this Protocol. They shall be paid by vessel owners in accordance with the relevant provisions of Annex 1 and Appendix 2. 8. The financial contribution for access referred to in the preceding paragraphs shall be paid to the Public Treasury of the Islamic Republic of Mauritania. It shall be entered in the State budget and shall be subject to the rules and procedures for the management of Mauritania’s public finances. 9. Each year, no more than 3 months before the date on which payment is due, the Mauritanian authorities shall notify the Union of the details of the bank accounts referred to in paragraph 7. 10. The Mauritanian authorities shall have sole responsibility for the use of the financial contribution referred to in the preceding paragraphs. 11. This Article shall apply subject to Articles 7, 9, 10, 11 and 13 of this Protocol. B. Financial contribution for sectoral support 12. For the period referred to in Article 20, the total financial contribution granted by the Union as sectoral support, as referred to in Article 13(2)(b) of the Agreement, shall be: EUR 16 500 000. The annual breakdown of this amount shall be decided by the Joint Committee in accordance with the procedures laid down in Article 8 and Annex 2. 13. The financial contribution referred to in paragraph 1 shall be allocated jointly by Mauritania and the Union in accordance with the procedures laid down in Article 8 and Annex 2 to this Protocol. 14. The financial contribution referred to in paragraph 12 shall be paid by the Union in accordance with the procedures laid down in Article 8 and Annex 2. 15. Each year, no more than 3 months before the date on which payment is due, the Mauritanian authorities shall notify the Union of the details of the bank accounts referred to in Article 8(12).

16. The financial contribution referred to in paragraph 1 shall be entered in the State budget and shall be subject to the rules and procedures for the management of Mauritania’s public finances. It shall take into account the principles of sound financial management, in particular the principle of economy, efficiency and effectiveness, while respecting, in particular, the principles of transparency, proportionality, non-discrimination and equal treatment. 17. Actions and projects financed by sectoral support may be audited by the European Commission and the European Court of Auditors and investigated by the European Anti-Fraud Office. 18. Paragraph 12 of this Article shall apply subject to Articles 13, 14, 15, 21 and 23 of this Protocol. Article 6 Monitoring of total allowable catches and reference tonnages 1. The total allowable catches (categories 1, 2, 2a, 3, 6, 7 and 8) and the reference tonnages (categories 4 and 5) are set out in the datasheets contained in Annex 1 to this Protocol. They are determined on the basis of the calendar year (1 January to 31 December of the year in question). If the first and the last period of application of the Protocol do not correspond to a calendar year, the total allowable catches shall be determined pro rata temporis and taking account, for each fishing category, of trends in the distribution of catches throughout the year. 2. With the exception of categories 4 and 5 (tuna-fishing categories), to which reference tonnages apply, and the specific provisions applicable to the total allowable catch in category 6, the total catches made by Union fishing vessels in the Mauritanian fishing zone must not exceed the total allowable catches. If the total allowable catches are exceeded, the rules on the deduction of quotas applicable under Union legislation shall be applied. 3. In accordance with paragraph 2, Mauritania and the Union shall jointly monitor the activity of Union fishing vessels in the Mauritanian fishing zone in order to ensure that the total allowable catches referred to above are appropriately managed. In the course of that monitoring, Mauritania and the Union shall inform each other as soon as the Union fishing vessels operating in the Mauritanian fishing zone have caught 80% of the total allowable catch for the corresponding fishing category. The Union shall accordingly inform Member States thereof. 4. Once catch levels have reached 80% of the relevant total allowable catch, Mauritania and the Union shall monitor catches made by Union fishing vessels on a daily basis. Mauritania and the Union shall inform each other as soon as the relevant total allowable catch has been reached. The Union shall accordingly inform the Member States thereof with a view to the cessation of fishing activities. Article 7 Adjustment of fishing opportunities 1. Without prejudice to paragraph 2, and at the request of the Parties, the fishing opportunities referred to in Article 3 of this Protocol may be adjusted by the Joint Committee in accordance with Article 14(3)(a) of the Fisheries Agreement and Article 11 of this Protocol, by mutual agreement and insofar as the adjustment is consistent with the sustainability of resources in the fishing zone. That adjustment may relate to the number of Union vessels, the target species or the quotas allocated under Article 3 of this Protocol for each category, shall take account of the real activities of the European fleet in the fishing zone and shall result in the adjustment of the corresponding financial contribution. 2. In accordance with paragraph 1, and no later than 6 months before the end of the second year of application of the Protocol, the Joint Committee shall conduct a first assessment of the utilisation of fishing opportunities by Union vessels operating in the fishing zone. 3. However, following an adjustment as referred to in paragraph 1, fishing opportunities cannot be increased to an extent involving an increase greater than or equal to twice the financial compensation paid by the Union as referred to in Article 5(1). Article 8 Sectoral support 1. The sectoral support referred to in Article 13(2)(c) of the Fisheries Agreement and Article 5(2)(b) of this Protocol shall contribute to the implementation of the sectoral fisheries policy drawn up by the Islamic Republic of Mauritania.

2. That financial support shall contribute to developing sustainable fishing in the Islamic Republic of Mauritania, independently of the arrangements for access by European Union vessels to the Mauritanian fishing zone. It shall contribute to the implementation of national strategies for sustainable development in the fisheries sector and to the protection of the environment, coastal areas and marine protected areas. 3. No later than 6 months after the date of application of this Protocol, the Joint Committee shall agree a multiannual sectoral programme and detailed implementing arrangements comprising, in particular: (a) annual and multiannual guidelines for the use of the amount specifically granted as sectoral support in accordance with Article 13(5) of the Fisheries Agreement; (b) annual and multiannual objectives to be achieved with the aim of developing sustainable fishing activities, taking account of the priorities set by the authorities of the Islamic Republic of Mauritania in its national sectoral policy; (c) the criteria, reports and procedures, including budgetary and financial indicators and inspection and audit methods, to be used to assess the results obtained on an annual basis. 4. Any amendment to those guidelines, objectives, criteria and indicators shall be subject to approval by the Parties in the Joint Committee. 5. The authorities of the Islamic Republic of Mauritania shall submit an annual report on the progress made in projects implemented in the context of sectoral support, which shall be examined by the Joint Committee. The structure of that report is set out in Annex 2. 6. Prior to the expiry of this Protocol, the authorities of the Islamic Republic of Mauritania shall submit a final report on the implementation of the sectoral support provided for under this Protocol. 7. The Parties shall, if necessary, continue to monitor the implementation of sectoral support for up to 6 months after the expiry, suspension or termination of this Protocol as provided for herein. However, any action or project that has received the prior approval of the Joint Committee shall be taken into account to allow a possible extension of monitoring of sectoral support for a further period of up to six (6) months for that action or project. 8. Sectoral support shall be implemented with the support of a coordination unit with responsibility for following up the decision of the Joint Committee, whose tasks are set out in Annex 2. Measures to support the work of the coordination unit may be identified on the basis of a decision by the Joint Committee and financed, where appropriate, by means of a specific sectoral support allocation. 9. The financial support referred to in paragraph 1 above is intended for specific, jointly identified actions and projects. It may not be used to cover the operating expenses of beneficiaries, with the exception, where appropriate, of the allocation referred to in paragraph 8, which is intended for measures supporting the coordination unit. 10. The Parties shall draw up a communication and visibility plan with respect to the Fisheries Agreement. The plan shall be subject to approval at the first meeting of the Joint Committee. 11. The financial contribution for sectoral support, provided for in Article 13(2)(c) of the Agreement, shall be paid: (a) for the first year, no later than 2 months after the Joint Committee has approved the annual and multiannual programming provided for in Article 8(3) of this Protocol; (b) for subsequent years, no later than 2 months after approval by the Joint Committee of the results achieved in the previous year and of the annual programming for the following financial year. 12. Sectoral support funds shall be paid by the European Union into a Public Treasury account with the Central Bank of Mauritania, which shall transfer those funds as soon as possible to the special-purpose account opened with the Central Bank of Mauritania in the name of the Ministry of Fisheries and the Maritime Economy (MPEM) and used solely for sectoral support. The Mauritanian authorities shall notify the European Union of the details of that bank account upon the entry into force of the Protocol. 13. The financial support referred to in paragraph 1 shall be transferred by the European Union in annual instalments. The decision to disburse instalments shall be made on the basis of the Joint Committee’s assessment of the level of performance, in accordance with Article 7(2) and Article 15(1)(b) of the Agreement, and subject to the submission of the annual progress report referred to in paragraph 5 and to the holding of the annual workshop referred to in paragraph 14. The practical implementing arrangements shall be laid down in accordance with paragraphs 3 and 4 of this Article and Annex 2 to this Protocol. If appropriate, those practical arrangements may be laid down in more detail or revised by the Joint Committee. 14. Beneficiaries of sectoral support shall be invited by the Parties, once a year, to participate in a workshop presenting and scheduling the actions financed by means of sectoral support. 15. With the exception of the allocation referred to in paragraph 8, which is intended for measures to support the work of the coordination unit, the financial support referred to in paragraph 1 may be paid only when the amounts paid by the European Union as sectoral support in respect of 2015–2019, 2019–2020 and 2020–2021 have been fully transferred to the special-purpose account referred to in paragraph 12 and have been fully committed in accordance with the relevant joint programming.

Article 9 Scientific cooperation to ensure sustainable fishing 1. The Parties undertake to promote responsible fishing in the Mauritanian fishing zone based on the principles of sustainable exploitation of fishery resources and marine ecosystems. 2. In accordance with Articles 3 and 8 of the Agreement, the Parties undertake to hold scientific meetings, on a regular basis or when the need arises, to examine issues of a scientific nature and, if necessary and at the request of the Joint Committee, the estimated first-sale value of catches at the place of landing or in end markets. 3. During the period covered by this Protocol, the Parties shall cooperate to monitor the state of resources and fisheries in the Mauritanian fishing zone. For this purpose, the Independent Joint Scientific Committee shall meet at least once a year, alternately in Mauritania and in the Union. 4. The Independent Joint Scientific Committee shall adopt its rules of procedure during its first meeting. Those rules of procedure shall be subject to approval by the Joint Committee. 5. Further to Article 8(1) and (3) of the Agreement, participation in the Independent Joint Scientific Committee may be extended, as far as necessary, to include experts from the scientific institutions of the Member States and third countries, as well as observers, stakeholder representatives or representatives of regional fisheries management organisations, such as CECAF (the Fishery Committee for the Eastern Central Atlantic). 6. The remit of the Independent Joint Scientific Committee shall cover, in particular, the following activities: (a) drawing up an annual scientific report on the fisheries covered by this Protocol and producing the relevant stock assessments. When drawing up its report, the Independent Joint Scientific Committee shall take full account of information relating to the activities of the national Mauritanian fleets and other foreign fleets, as well as any measures and management plans adopted by Mauritania; (b) identifying and proposing to the Joint Committee the implementation of programmes or actions designed to improve understanding of the dynamics of fisheries, the state of resources and changes to marine ecosystems; (c) studying scientific questions which arise in the course of implementing this Protocol and, if necessary following a referral to the Joint Committee, adopting a scientific opinion under a procedure agreed by consensus within the Committee; (d) compiling and analysing data on fishing effort, catches and sales for each segment of the national fishing fleets, both Union and non-Union, which operate in the Mauritanian fishing zone with respect to the resources and fisheries covered by this Protocol; (e) designing and scheduling the performance of the annual stock surveys, including joint scientific voyages, in order to determine the surpluses, fishing opportunities and exploitation options which guarantee the conservation of resources and the ecosystem of which they are part; (f) formulating, on its own initiative or in response to a request from the Joint Committee or one of the Parties, any scientific opinions relating to objectives, strategies and management measures that are judged necessary for the sustainable exploitation of the stocks and fisheries covered by this Protocol; (g) proposing, where appropriate, in the Joint Committee, a programme for revising the fishing opportunities in accordance with Article 7 of this Protocol. 7. For the purposes of implementing paragraphs 2, 3 and 6, and further to the provisions of Article 4(6), Mauritania shall provide the Independent Joint Scientific Committee and the Union with a detailed report each year, specifying, for each fishing category, the number of vessels flying the Mauritanian flag authorised to fish, the corresponding authorised catch volumes, the volumes actually caught and any relevant information concerning the fisheries management measures adopted and implemented by Mauritania. 8. Tuna vessels shall comply with all the recommendations adopted by the International Commission for the Conservation of Atlantic Tunas (ICCAT). 9. No later than 6 months after the date of application of the Protocol, Mauritania shall adopt a sustainable fisheries management plan for small pelagic species, applicable to all fleets operating in Mauritanian waters. That plan shall be notified to the Union no later than 1 month prior to its application. It may be assessed by the Joint Scientific Committee where appropriate. Article 10

Scientific fishing, exploratory fishing and new fishing opportunities 1. Scientific fishing 1.1. The Joint Committee may authorise scientific voyages for the purpose of collecting data and information on biological resources and marine ecosystems and involving Union and/or Mauritanian vessels on the basis of the advice of the Independent Joint Scientific Committee. Such voyages shall be conducted under the joint responsibility of the Mauritanian and European scientific research institutes. 1.2. The arrangements for equipping and chartering Union and/or Mauritanian vessels shall be decided by the Parties in Joint Committee meetings for each such voyage. 1.3. The results of those voyages shall be used to improve stock assessments and to allow appropriate management measures to be adopted. 1.4. In the case of category 8 (cephalopods), the results of the scientific programme and/or evaluations carried out in accordance with Article 9 may lead to revision of the catch limit and conservation measures applicable to Union vessels. 2. Exploratory fishing 2.1. Should Union fishing vessels be interested in fishing activities not provided for in Article 3, the Parties shall consult each other in the Joint Committee on whether to grant authorisation for those new activities in accordance with Article 5(2) of the Agreement. Where appropriate, the Joint Committee shall agree on the conditions applicable to those new fishing opportunities and, if necessary, amend this Protocol and the Annex hereto in accordance with Article 7 hereof. 2.2. The fishing authorisation referred to in paragraph 2.1 shall be granted in the light of the best scientific advice available at national and regional level and, where appropriate, on the basis of the results of scientific voyages approved by the Independent Joint Scientific Committee. 2.3. Following the consultations referred to in paragraph 2.1, the Joint Committee may authorise exploratory fishing voyages in the Mauritanian fishing zone to test the technical feasibility and the economic viability of new fisheries. To this end, it shall determine the species, conditions and any other appropriate parameters on a case‑by‑case basis in accordance with the provisions of Chapter XI of Annex 1 to this Protocol. The Parties shall carry out exploratory fishing in accordance with the conditions laid down by the Independent Joint Scientific Committee. Article 11 Joint Committee 1. In addition to the responsibilities delegated to the Joint Committee in accordance with Article 14 of the Agreement, the Joint Committee shall have decision-making powers to approve amendments to this Protocol, and the Annexes and Appendices hereto, with regard to: (a) revising the fishing opportunities, where appropriate, and, consequently, the corresponding financial contribution; (b) the arrangements for sectoral support as provided for in Article 8 and Annex 2; (c) the conditions governing fishing activities by Union vessels. 2. In the case referred to in paragraph 1(a), the financial contribution shall be adjusted proportionately and pro rata temporis. 3. Any amendments to the Protocol, Annexes and Appendices in accordance with paragraph 1 shall be subject to a decision by the Joint Committee. That decision shall enter into force on the date on which the Parties notify each other that they have completed the procedures necessary for its adoption. 4. The Joint Committee shall carry out its functions in accordance with the aims of the Agreement and the relevant rules adopted by the regional fisheries organisations.

5. The Joint Committee shall be convened for the first time no later than three (3) months after the provisional application of this Protocol. Article 12 Cooperation between economic operators In accordance with the legislation and regulations in force, the Parties shall promote contacts and help ensure cooperation between economic operators, including as regards the sectoral support referred to in Article 8, in the following areas: (a) developing the Nouadhibou Free Zone, or any other zones deemed necessary; (b) developing marine protected areas (Banc d’Arguin and Diawling national parks); (c) port management; (d) developing fishing industries for human consumption; (e) shipbuilding and repair and the manufacturing of fishing gear and materials; (f) developing exchanges to improve professional training, particularly in the fisheries sector, fisheries management, aquaculture and inland fishing, shipyards, and maritime surveillance and fisheries control; (g) sale and marketing of fishery products; (h) aquaculture and the blue economy. Article 13 Termination due to reduced utilisation of fishing opportunities Where there is found to be a reduced level of utilisation of fishing opportunities, the Union shall notify Mauritania, by letter, of its intention to terminate the Protocol. Termination shall take effect within four (4) months of the notification. This Article may be activated where no agreement is reached on the extent of the revision of the fishing opportunities and adjustment of the financial contribution referred to in Article 7. Article 14 Suspension

Application of this Protocol may be suspended at the initiative of either Party in accordance with Article 21 of the Fisheries Agreement. Article 15 Suspension and revision of the financial contribution and sectoral support 1. The financial contribution, as referred to in Article 13, may be revised or suspended if one or more of the following conditions apply: (a) unusual circumstances, other than natural phenomena, which prevent fishing activities in the Mauritanian fishing zone; (b) significant changes in the formulation or implementation of the fisheries policy of either one of the Parties which affect the provisions of this Protocol; (c) activation of the consultation mechanisms provided for in Article 96 of the Cotonou Agreement, or of the agreement between the Union and the ACP countries that will succeed the Cotonou Agreement on the date of its provisional application or entry into force, owing to violation of one of the essential and fundamental elements of human rights set out in Article 9 of that Agreement. 2. The Union may revise or suspend payment of the sectoral support provided for in Article 8 of this Protocol, in whole or in part, if the conditions laid down in paragraph 1(b) and (c) apply, in the event of failure to implement that sectoral support or if the results obtained are inconsistent with the programming, following an evaluation carried out by the Joint Committee. 3. Payment of the financial contribution provided for in Article 5 shall resume, after consultation and agreement between the Parties, as soon as the situation that existed prior to the events referred to in paragraph 1 has been restored and/or if the results of the implementation of the financial support referred to in paragraph 2 so warrant. Nevertheless, payment of the financial support provided for in Article 8 cannot be triggered more than six (6) months after expiry of the Protocol. Article 16 Electronic data exchange 1. The Parties shall ensure that systems are put in place for monitoring and electronic exchange of all information and documents linked to the technical management of this Protocol with regard to the activities of the Union fleet, as set out in Annex 1. 2. The electronic version of a document shall be considered equivalent to the paper version in every respect. 3. Mauritania and the Union shall inform each other without delay of any malfunction of an electronic system. Information and documents relating to the implementation of the Agreement shall, in that case, automatically be replaced by their paper version in accordance with Annex 1. Article 17 Confidentiality 1. The Parties undertake to ensure that all commercially sensitive and personal data relating to Union vessels and their fishing activities obtained within the context of the Fisheries Agreement, including data collected by observers, are processed in accordance with confidentiality and data protection principles. 2. The data shall be used by the competent authorities solely for the purposes of implementing the Fisheries Agreement, and in particular for management, scientific research and fisheries monitoring, control and surveillance (MCS). 3. In order to ensure proper implementation of the Protocol, several categories of personal data shall be processed:

(a) identification and contact data; (b) the activities of a vessel or relating to a vessel, its position and movements, its fishing activity or fishing-related activity; (c) data relating to vessel owners and operators (position or rank), masters, and crew members; (d) any other data relating to the subject matter of the Agreement. 4. Personal data shall not be kept for longer than is necessary for the purpose for which they were exchanged, up to a maximum of 10 years, unless the personal data are necessary to follow up an infringement, inspection or judicial or administrative proceedings. In such cases, the personal data may be stored for 20 years. If personal data are kept for longer, they shall be anonymised. 5. The Parties shall ensure that only aggregated data relating to fishing activities in the fishing zone are made public. 6. The authorities responsible for data processing shall be the European Commission or the flag Member State, for the Union, and the Ministry, for Mauritania. 7. Appropriate safeguards and legal remedies may be established by the Joint Committee. Article 18 Failure to comply with provisions and obligations of this Protocol In accordance with the provisions of this Protocol and the legislation in force in the Mauritanian fishing zone, the Mauritanian authorities reserve the right to apply penalties as provided for in the Annex to this Protocol in the event of non-compliance with the provisions of this Protocol and obligations arising from its application. Article 19 Provisional application This Protocol may be applied on a provisional basis by mutual agreement, as notified in an exchange of notifications between the Parties, with effect from the date of authorised signature by the Council of Ministers of the European Union. Article 20 Duration Notwithstanding Article 19 of the Agreement, this Protocol shall apply for a period of 5 years from the date of its entry into force or, as the case may be, the date of its provisional application. Article 21 Termination This Protocol may be terminated at the initiative of either Party in accordance with the provisions of Article 22 of the Fisheries Agreement.

Article 22 Entry into force This Protocol shall enter into force on the date on which the Parties notify each other of the completion of the procedures necessary for that purpose. Article 23 Review This Protocol may be reviewed at the initiative of either Party in accordance with the provisions of Article 23 of the Fisheries Agreement. Table of fishing categories as referred to in Article 3(1) Fishing categories Total allowable catches and reference tonnages 1. Vessels fishing for crustaceans other than spiny lobster and crab 5 000 tonnes 2. Trawlers (non-freezer) and bottom longliners fishing for black hake 6 000 tonnes 2a Trawlers (freezer) fishing for black hake Black hake: 3 500 tonnes Squid: 1 450 tonnes Cuttlefish: 600 tonnes 3. Vessels fishing for demersal species other than black hake with gear other than trawls 3 000 tonnes 4. Tuna seiners 14 000 tonnes (reference tonnage) 5. Pole-and-line tuna vessels and surface longliners 7 000 tonnes (reference tonnage) 6. Pelagic freezer trawlers 225 000 tonnes * 7. Non-freezer pelagic vessels 15 000 tonnes ** 8. Cephalopods [p.m.] tonnes * This figure may be exceeded by a 10% margin without any impact on the financial contribution paid by the Union for access. ** If these fishing opportunities are utilised, they shall be deducted from the total allowable catch provided for in category 6. On the basis of the scientific advice available, the Parties may agree within the Joint Committee on the allocation of fishing opportunities for freezer trawlers targeting demersal species in respect of which a surplus has been identified.



ANNEX 1 CONDITIONS GOVERNING FISHING ACTIVITIES BY EUROPEAN UNION VESSELS IN MAURITANIAN FISHING ZONES CHAPTER I GENERAL PROVISIONS 1. Designation of the competent authority For the purposes of this Annex and unless otherwise indicated, any reference to the European Union or to Mauritania as a competent authority shall mean: –For the European Union: the European Commission, where applicable via the European Union Delegation in Nouakchott (focal point); hereinafter referred to as the ‘Union’;

–For Mauritania: the Ministry of Fisheries and the Maritime Economy (MPEM), hereinafter referred to as the ‘Ministry’. 2. Mauritanian fishing zone The coordinates of the Mauritanian fishing zone are those specified in Appendix 1. Union vessels may carry out their fishing activities subject to the limits laid down for each category in the datasheets contained in Appendix 2. 3. Vessel identification 3.1. The identification marks of all Union vessels must conform to the relevant Union legislation. The Ministry must be notified of such legislation before the provisional application of the Protocol. The Ministry must be notified of any amendment to the legislation at least 1 month before its entry into force. 3.2. Any vessel which conceals its markings, name or registration shall be liable to the penalties provided for by Mauritanian law. 4. Bank accounts The financial sums payable by Union vessels shall be paid to the Mauritanian Public Treasury into accounts opened for that purpose with the General Treasury of Mauritania. Mauritania shall notify the Union before the entry into force of the Protocol of the details of the bank account(s) (BIC and IBAN codes) into which the financial sums payable by Union vessels under the Protocol are to be paid. The associated bank transfer costs shall be borne by the vessel owners. 5. Methods of payment Payments shall be made in euros as follows: — for fees: to the Mauritanian Treasury by transfer to one of the bank accounts referred to in paragraph 4; — for fees relating to the parafiscal charge referred to in paragraph 3 of Chapter III: to the Mauritanian Coast Guard by transfer to one of the bank accounts referred to in paragraph 4; — for fines: to the Mauritanian Treasury by transfer to one of the bank accounts referred to in paragraph 4. 6. Designation of an agent Any Union vessel operating under the Agreement must be represented by an agent resident in Mauritania. CHAPTER II LICENCES The Parties agree to promote the introduction of an electronic licence system. 1. Licence applications

1.1. The Union shall submit licence applications to the Ministry by electronic means, within the limits specified in the datasheets included in the Protocol. 1.2. Licence applications shall be transmitted twenty (20) calendar days before the start of the period of validity of the licences requested. 1.3. The Union may also submit vessel lists to the Ministry by electronic means twenty (20) calendar days before the start of the period of validity of the licences requested. 1.4. Those lists shall specify, by fishing category: (a) the number of vessels; (b) for each vessel, its main technical characteristics specified in Appendix 3, as they appear in the register of Union fishing vessels; (c) types of fishing gear; (d) the amount of payments due, broken down by heading; (e) the number of Mauritanian seafarers to be taken on board in accordance with Chapter IX of this Annex. 1.5. When renewing a licence under this Protocol on a quarterly or yearly basis for a vessel whose technical characteristics have not been changed, the renewal application shall be accompanied only by proof of payment of the fees and the parafiscal charge. 2. Documents required for licence applications 2.1. The Union shall submit a licence application to the Ministry for each vessel, including: - the information set out in Appendix 3, - proof of payment of the licence fee and the parafiscal charge. 2.2. For a first licence application to fish in Mauritania, the following documents shall also be provided in electronic format: (a) a copy, certified by the flag state, of the international tonnage certificate, specifying the tonnage of the vessel in GT as certified by recognised international bodies; (b) a recent (less than 1 year old) colour photograph, certified by the competent authorities of the flag state, showing a side view of the vessel in its current state, in which the name of the vessel appears, along with the vessel’s international radio call sign, where appropriate. If sent in electronic format, the photograph shall have a minimum resolution of 72 dpi (1 400 × 1 050 pixels). If sent in paper format, it shall have a minimum size of 15 × 10 cm; (c) the information required under Mauritanian law for inclusion in the Mauritanian National Vessel Register. Such inclusion shall not entail any registration fee. The inspection provided for in connection with inclusion in the National Vessel Register shall be of a purely administrative nature. 2.3. Any alteration to the tonnage of a vessel shall oblige the owner of the vessel concerned to submit a copy of the new international tonnage certificate (in GT) and any relevant supporting documents, in particular a copy of the application lodged by the vessel owner 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 must also be submitted. 3. Eligibility to fish

3.1. Applications for fishing licences shall be lodged only for those vessels for which the documents required under paragraphs 2.1 and, where appropriate, 2.2 above have been sent. 3.2. Each vessel wishing to engage in fishing activities under this Protocol must be entered in the Union fishing vessels register and be eligible for fishing in the Mauritanian fishing zone. The vessel must not be listed as an IUU vessel. 3.3. For a vessel to be eligible, neither the owner nor the master nor the vessel itself must be banned from fishing in Mauritania. They must be in order vis-à-vis the Mauritanian authorities insofar as they must have met all prior obligations arising from their fishing activities in Mauritania. 4. Issuing of licences 4.1. The Ministry shall issue licences to the vessels within ten (10) calendar days of receipt of a complete application and subject to confirmation of payment by receipt issued by the Public Treasury. 4.2. The originals of the licences shall be available from the competent departments within the Ministry. A scanned photocopy of those originals shall be sent by the Ministry to the Union (EU Delegation and European Commission) by electronic means. 4.3. The licences shall also indicate the period of validity, the vessel’s technical characteristics, the number of Mauritanian and foreign seafarers and the payment references of the fees. 4.4. Vessels receiving a licence shall be entered on the list of vessels authorised to fish, which shall be sent simultaneously and without delay to the Mauritanian Coast Guard and the Union. Licence applications that have been refused shall be notified by the Ministry to the Union. Where appropriate, the Ministry shall provide a credit note against payments relating to these, after deduction of the balance of any outstanding unpaid fines. 4.5. A fishing licence must be held on board the vessel to which it was issued at all times and presented to the inspection authorities each time an inspection takes place. On a transitional basis, for a maximum period of 30 calendar days after the date of issue of the licence, the vessel shall be authorised to hold a copy of the licence during its activities in Mauritania, provided that the vessel is included in the list of authorised vessels referred to in paragraph 4.4. That copy shall, in that case, be considered to be equivalent to the original. 5. Validity and utilisation of licences 5.1. A licence shall be valid only for the period covered by the fee paid under the terms laid down in the technical datasheet for the category in question. Licences shall be issued for periods of 3 or 12 months, depending on the category: –3 months for vessels in categories 1 (shrimp vessels), 2, 2a, 3 (demersal vessels) and 6 (vessels targeting small pelagic species); –12 months for vessels in categories 4 and 5 (tuna vessels). They shall be renewable. The validity of the licences shall start on the first day of the period requested. The period of validity of the 3‑month licences for vessels in categor