EN    EN  COMMISSION OF THE E UROPEAN COMMUNITIES 
Brussels, 31.1.2006 
COM(2005) 591 final/2 
2005/0229 (CNS)   
CORRIGENDUM : Annule et remplace la fich e financière du document COM(2005)591 final 
du 23.11.2005. (Traduction de la fiche). Concerne t outes les versions linguistiques excepté 
FR. 
Proposal for a 
COUNCIL REGULATION 
on the conclusion of the Agreement in the fo rm of an Exchange of Letters concerning 
the amendments to the Protocol setting out the fishing opportunities and the financial 
contribution provided for in the Agreement on cooperation in the sea fisheries sector 
between the European Community and the Islamic Republic of Mauritania for the 
period 1 August 2001 to 31 July 2006  
(presented by the Commission) 
 
EN 2   EN EXPLANATORY MEMORANDUM  
The purpose of this propo sal is to amend the existing Protoc ol to the Agreem ent on cooperation 
in the sea fisheries sector between the Eur opean Community and the Islamic Republic of 
Mauritania. 
On the basis of the conclusions of the technical working group co mprising representatives of the 
Mauritanian administration and the European Commission, which held technical meetings from 
30 June to 2 July and on 14 and 15 July in No uakchott and from 7 to 10 September 2004 in 
Brussels, and in the light of the scientific op inions available, the two parties reached the 
conclusion at the Joint Committee meeting held on 10 September 2004 in Brussels that a number 
of measures should be taken concerning the ma nagement of the fishing effort in Mauritania's 
exclusive economic zone (EEZ).  
The Agreement on the amendments to the existing Protocol has been formalised by an Exchange 
of Letters.  
The measures in question are ai med, on the one hand, at reducing the catch rate for cephalopods 
by decreasing the fishing effort and, on the other,  by increasing the numb er of licences in the 
pelagic and tuna categories. In or der to help integrate fleets flyi ng the flags of the new Member 
States and guarantee continue d access for Community fishing vessels traditionally operating 
under the above-mentioned Agreem ent, licences for the pelagic category will be awarded on the 
basis of the licence applications received from a ll Member States, taking into account the fishing 
activities traditionall y carried on under this Ag reement. If need  be, the Commissi on will make a 
proposal on the allocation of licences for th e pelagic category among the Member States.  
The suspension of five cephalop od licences, which was the subj ect of a consu ltation with the 
Member States as far back as March 2004, has now been compensated fo r under this 
reorganisation through the issue of these ne w pelagic licences, thus guaranteeing sound and 
healthy financial management by allowing fishin g opportunities to be ad justed in accordance 
with resources and sectoral dema nds. The new balance achieved through this reorganisation was 
established on the basis of the results of th e 2001 negotiations on the existing Protocol and 
constitutes a very satisfactory outcome for the EC in co st-benefit terms. 
The Commission proposes, on this basis, that the Council adopt this Agreement in the form of 
an Exchange of Letters on the amendments to the Protocol. 
A proposal for a Council Decision on the provisi onal application of the Agreement in the 
form of an Exchange of Letters on the amendments  to the Protocol is th e subject of a separate 
procedure. 
 
EN 3   EN 2005/0229 (CNS) 
Proposal for a 
COUNCIL REGULATION 
on the conclusion of the Agreement in the fo rm of an Exchange of Letters concerning 
the amendments to the Protocol setting out the fishing opportunities and the financial 
contribution provided for in the Agreement on cooperation in the sea fisheries sector 
between the European Community and the Islamic Republic of Mauritania for the 
period 1 August 2001 to 31 July 2006  
THE COUNCIL OF THE EUROPEAN UNION, 
Having regard to the Treaty establishing th e European Community, and in particular 
Article 37, in conjunction with Article 300(2) and the first subparagraph of Article 300(3) 
thereof, 
Having regard to the proposal from the Commission1, 
Having regard to the opinion of the European Parliament2, 
Whereas: (1)  The Protocol setting out the fishing opportunities and the financial contribution 
provided for in the Agreement on cooperation in the sea fisheries sector between the 
European Community and the Islamic Republic  of Mauritania came into effect on 1 
August 2001 and is valid until 31 July 2006
3. 
(2)  In view of the scientific opinions on the st ate of resources in the Mauritanian EEZ and, 
in particular, the results of the fourth and fifth working groups of the Mauritanian 
Institute of Oceanographic Research and Fish eries (IMROP) and of the joint scientific 
working group, and in the light of the conclusions drawn from those results at the meeting of the Joint Committee held on 10 September and 15 and 16 December 2004, the two parties have decided to amend the existing fishing opportunities. 
(3)  The outcome of those amendments has been the subject of an Exch ange of Letters and 
involves a temporary reduction in the fishing effort for cephalopods (category 5), the 
fixing of a second closed period of one month for demersal fishing, and an increase in 
the number of pole-and-line tuna vessels and surface longliners (category 8) and pelagic freezer traw lers (category 9). 
(4)  It is in the Community's interest to approve those amendments. 
                                                
 
1 OJ C […],[…], p. […]. 
2 OJ C […],[…], p. […]. 
3 OJ L 341, 22.12.2001. 
 
EN 4   EN (5)  The allocation of the new fishing opport unities among the Member  States, as thus 
amended, should be confirmed, 
HAS ADOPTED THIS REGULATION: 
Article 1 
The Agreement in the form of an Exchange of  Letters amending the Protocol setting out the 
fishing opportunities and the fi nancial contribution provided  for in the Agreement on 
cooperation in the sea fisheries sector betw een the European Community and the Islamic 
Republic of Mauritania for the period 1 A ugust 2001 to 31 July 2006 is hereby approved on 
behalf of the Community. 
The text of the Agreement in the form of an Exchange of Letters is attached to this 
Regulation. 
Article 2 
Following the amendments set out in the Excha nge of Letters, the ne w fishing opportunities 
for the "pole-and-line tuna ve ssel and surface longliner" categ ory (Datasheet No 8 of the 
Protocol) and for the "pelagic freezer trawler" category (Datasheet No 9) shall be allocated 
among the Member States as follows:  
Fishing category  Member State  Tonnage/Number of 
vessels whic h may be 
used 
Pole-and-line tuna vessels 
Surface longliners  (vessels)
 Spain Portugal France
 20 + 3= 23 
3 + 0= 3 8 + 1= 9 
Pelagic species (vessels)   15+10= 25 
 
The temporary suspension of five (5) fishing licences for the cephalopod fishing category shall 
take effect as from 1 January 2005. The future r eactivation of those five  (5) licences shall be 
decided by common accord in a Jo int Committee meetin g held between the Commission and the 
Mauritanian authorities on  the basis of the st ate of resources.  
If licence applications from Me mber States do not cover all th e fishing opportunities laid down 
by the Protocol, the Commission may take into co nsideration licence applications from any other 
Member State. 
Article 3 
This Regulation shall enter into force on the third day following that of its publication in the 
Official Journal of the European Union . 
 
EN 5   EN This Regulation shall be binding in  its entirety and directly applicable in all Member States. 
Done at Brussels, 
 For the Council 
 The President 
 
EN 6   EN AGREEMENT IN THE FORM OF AN EXCHANGE OF LETTERS  
concerning the amendments to the Protocol setting out the fishing opportunities and the 
financial contribution provided for in the Agr eement on cooperation in the sea fisheries 
sector between the European Community and the Islamic Republic of Mauritania for 
the period 1 August 2001 to 31 July 2006 
A. Letter from the Government of the Islamic Republic of Mauritania  
Sir, With reference to the Protocol, initialled on 31 July 2001, setting out the fishing opportunities 
and the financial contribution provided for in the Agreement on cooperation in the sea fisheries sector between the Eu ropean Community and the Islamic Republic of Mauritania for 
the period 1 August 2001 to 31 July 2006 and th e outcome of the Joint Committee meetings 
held on 10 September 2004 and 15 and 16 Decem ber 2004, I have the honour to inform you 
that the Government of the Isla mic Republic of Mauritania is pr epared to apply, in accordance 
with scientific opinion, a tempor ary reduction in the fishing effo rt for the cephalopod fishing 
category, as specified in Datasheet No 5 of th is Protocol, by temporarily decreasing by five 
licences the fishing opportunities of fered by the Protocol. The future  reactivation of those five 
licences shall be decided by common accord on the basis of the state of resources. The 
Government of the Islamlic Republic of Maur itania shall also decide on a second closed 
period of one month for demersal fishing on a non-discriminatory basis. The Government of 
the Islamic Republic of Mauritania also undertak es to apply the amendments to the Protocol 
concerning the fishing opportunities laid down in  Fishing Datasheet No 8 for the pole-and-
line tuna vessel and surface longliner fishing cat egory by raising the number  of vessels in this 
category from 31 to 35, and those laid down in Fishing Datasheet No 9 for the pelagic freezer 
trawler fishing category by raisi ng the number of vessels in th is category from 15 to 25, on a 
provisional basis with effect from 1 January 2005, pending its entry into force, provided that 
the European Community is prepared to do the same. 
I should be obliged if you woul d confirm the European Comm unity's agreement to such 
provisional application. 
Please accept, Sir, the assurance of my highest consideration. 
For the Government of the Islamic Republic of Mauritania 
 
EN 7   EN B. Letter from the European Community  
Sir, I have the honour to acknowledge receipt of your letter of today's date, worded as follows: 
"Sir, With reference to the Protocol, initialled on 31 July 2001, setting out the fishing opportunities 
and the financial contribution provided for in the Agreement on cooperation in the sea fisheries sector between the Eu ropean Community and the Islamic Republic of Mauritania for 
the period 1 August 2001 to 31 July 2006 and th e outcome of the Joint Committee meetings 
held on 10 September 2004 and 15 and 16 Decem ber 2004, I have the honour to inform you 
that the Government of the Isla mic Republic of Mauritania is pr epared to apply, in accordance 
with scientific opinion, a tempor ary reduction in the fishing effo rt for the cephalopod fishing 
category, as specified in Datasheet No 5 of th is Protocol, by temporarily decreasing by five 
licences the fishing opportunities of fered by the Protocol. The future  reactivation of those five 
licences shall be decided by common accord on the basis of the state of resources. The 
Government of the Islamlic Republic of Maur itania shall also decide on a second closed 
period of one month for demersal fishing on a non-discriminatory basis. The Government of 
the Islamic Republic of Mauritania also undertak es to apply the amendments to the Protocol 
concerning the fishing opportunities laid down in  Fishing Datasheet No 8 for the pole-and-
line tuna vessel and surface longliner fishing cat egory by raising the number  of vessels in this 
category from 31 to 35, and those laid down in Fishing Datasheet No 9 for the pelagic freezer 
trawler fishing category by raisi ng the number of vessels in th is category from 15 to 25, on a 
provisional basis with effect from 1 January 2005, pending its entry into force, provided that 
the European Community is prepared to do the same. 
I should be obliged if you woul d confirm the European Comm unity's agreement to such 
provisional application." 
I have the honour to confirm the European Community's agreement to such provisional 
application. 
Please accept, Sir, the assurance of my highest consideration. 
On behalf of the European Community 
 
EN 8   EN SIMPLIFIED FINANCIAL STATEMENT  
Policy area(s): 11 Fisheries 
Activity(ies): 1103 Internatio nal fisheries agreements  
 
TITLE OF ACTION : AGREEMENT IN THE FORM OF AN EXCHANGE OF LETTERS CONCERNING 
THE AMENDMENTS TO THE PROTOCOL SETTING OUT THE FISHING OPPORTUNITIES 
AND THE FINANCIAL CONTRIBUTION PROVIDED FOR IN THE AGREEMENT ON 
COOPERATION IN THE SEA FISHERIES SECTOR BETWEEN THE EUROPEAN COMMUNITY 
AND THE ISLAMIC REPUBLIC OF MAURITANIA FOR THE PERIOD 1 AUGUST 2001  TO 31 
JULY 2006. 
1. BUDGET  LINE(S)  + HEADING(S) 
110301 : "International fi sheries agreements" 
2. OVERALL  FIGURES 
2.1 Total allocation for action (Part B): EUR 86 000 000 in commitment 
appropriations for the EC/Mauritania Agreem ent in force. This amendment to the 
Protocol has no additi onal budgetary impact.  
2.2 Period of application: 1 August 2001 to 31 July 2006  
2.3 Overall multiannual esti mate of expenditure: 
(a) Schedule of commitment appropriations/pay ment appropriations (fin ancial intervention) 
(see point 6.1.1 ) 
 EUR million (to 3 decimal places)  
 
 Year 
2001 2002 2003 2004 2005  
Total 
Commitment 
appropriations 86 86 86 86 86 430 
Payment 
appropriations 86 86 86 86 86 430 
(b) Technical and administrative a ssistance, and support expenditure (see point 6.1.2)  
Commitment 
appropriations - - - - - - 
Payment 
appropriations - - - - - - 
 
 
EN 9   EN Subtotal a+b       
Commitment 
appropriations 86 86 86 86 86 430 
Payment 
appropriations 86 86 86 86 86 430 
2.4 Compatibility with financial progra mming and the financial perspective 
⌧ Proposal compatible with existing financial programming 
 Proposal will entail reprogramming of the relevant heading in the 
financial perspective. 
 The proposal may require application of the provisions of the 
Interinstitutional Agreement. 
 Type of cost: this involves defining the economic classification of expenditure, 
by distinguishing between curr ent and capital expenditure. This classification permits 
a clearer link between the budget accounts and th e general accounts  
⌧ Operating expenditure: linke d to charges for the year. 
 Capital expenditure: linked to the balance sheet headings. What type of 
activity is this expenditure intended to finance? 
3. BUDGET  CHARACTERISTICS 
Type of expenditure  New  EFTA 
contribution  Contribution 
by applicant 
countries  Heading in 
financial 
perspective  
Compulsory 
expenditure  
           Differen-
tiated 
approp-
riations  NO           NO           NO 
           No 04           
4. LEGAL  BASIS 
- Article 37 of the Treaty, in conjunc tion with Article 300(2) and the first 
subparagraph of Article 300(3); 
- EC/Mauritania Fisheries Agreement (C ouncil Regulation (EC)  No 2528/2001 of 17 
December 2001)  
 
EN 10   EN 5. DESCRIPTION  AND  GROUNDS 
5.1 Need for Community intervention4 
5.1.1 Objectives pursued On the basis of the conclusions of the wo rking group, which held technical meetings on 
30 June-2 July and 14-15 July in Nouakchott and on 7-10 September 2004 in Brussels, and in 
the light of the scientific opini ons available, the two parties reached the conclusion at the Joint 
Committee meeting held on 10 September 2004 in  Brussels that new fishing opportunities 
should be established. Those amendments concern in particular:  
– A temporary reduction in the fishing effort fo r the cephalopod fishing category (Datasheet 
No 5 of the Protocol), by temporarily decr easing by five licences th e fishing opportunities 
offered by the Protocol. The futu re reactivation of those five licences will be  decided by 
common accord on the basis of the state of resources.  
– The Mauritanian authorities will also decide on a second closed period of one month for 
demersal fishing. 
– For the pole-and-line tuna vessel and surface longliner category (Datasheet No 8 of the 
Protocol), the number of vessels  will be raised from 31 to 35. 
– For the pelagic freezer trawle r fishing category (Datasheet No 9 of the Protocol), the 
number of vessels will be raised from 15 to 25. 
The two parties therefore engaged in an Excha nge of Letters in order to amend the existing 
Protocol accordingly.  
The new fishing opportunities have been shared  out among the Member  States in proportion 
to the allocation defined in the original Protocol. 
5.1.2 Measures taken in connect ion with ex ante evaluation 
Since amending the Protocol has no impact on e ither financing or the objectives pursued, an 
ex ante evaluation of th e changes is unnecessary. 
An ex ante evaluation and an impact analysis  will be carried out in the context of the 
renegotiation of the Protocol in 2005 and 2006. 
5.1.3 Measures taken follow ing ex post evaluation 
An ex post evaluation covering the entire period of the Protocol will be undertaken before the 
start of the negotiations mentioned in point 5.1.2. 
5.2 Actions envisaged and budget intervention arrangements 
Objective of the proposal:  
                                                
 
4 For further information, see separate explanatory note. 
 
EN 11   EN – A temporary reduction in the fishing effort fo r the cephalopod fishing category (Datasheet 
No 5 of the Protocol), by temporarily decr easing by five licences th e fishing opportunities 
offered by the Protocol. The futu re reactivation of those five licences will be  decided by 
common accord on the basis of the state of res ources and the scientific opinions which are 
issued in the context of the joint scien tific working group set up by the Protocol. 
Mauritania and the Community will d ecide by common accord on the practical 
arrangements for implementing this temporary reduction.  
– The Mauritanian authorities will also decide on a second closed period of one month for 
demersal fishing.  
– For the pole-and-line tuna vessel and surface longliner category (Datasheet No 8 of the 
Protocol), the number of vessels  will be raised from 31 to 35. 
– For the pelagic freezer trawle r fishing category (Datasheet No 9 of the Protocol), the 
number of vessels will be raised from 15 to 25. 
These amendments to the Protocol will make it possible:  – in the case of the cephalopod cat egory, to bring the fishing e ffort more closely into line 
with the stock situation, 
– to allow an increase in the number of li cences on account of the increase in demand and 
the zone changes operated by pole- and-line vessels in the region, 
– to ensure uniform treatment and supervision fo r the entire European pelagic fleet operating 
in the Mauritanian EEZ (Netherl ands, Germany, Lithuania and La tvia), in keeping with the 
eligibility criteria laid down by the Protocol. 
5.3 Methods of implementation 
Implementation of the Protocol concerned is th e sole responsibility of the Commission and 
will be undertaken by its officials both in Bru ssels and in its Delegation in Mauritania.  
The Industrial Fisheries Directorate within th e Ministry of Fisheries and Maritime Economy 
will be responsible for issuing fishing licences. 
During 2004, at the request of the Commissi on, three EC/IRM Join t Committee meetings 
were held (14-15 February, 6-11 September and 15-16 December). In the same context, an EC/IRM technical working group  also met twice (30 June-2  July and 14- 15 July) in 
Nouakchott. 
During the Joint Committee meeting in February, it was decided that a joint technical working 
group should be set up to examine the following: 
• the state of all the stocks cove red by the Fisheries Agreement, 
• the rules governing fishi ng of juveniles and marketing of juvenile octopus, 
• zones and interaction between the different fisheries, 
• biological rest periods, 
 
EN 12   EN • technical standards for fishing gear. 
The Joint Committee meeting of 15 and 16 Decembe r 2004 led to the signature of a statement 
which made it possible to reach an agreement on all those points and to formalise it by menas 
of the exchange of letters amending the Protocol.