COMMISSION OF THE EUROPEAN COMMUNITIES 
Brussels, 10.01.1996 
COM(95) 726 final 
96/0005 (CNS) 
PROPOSAL FOR A 
COUNCIL DECISION 
on the conclusion of the Supplement to the Agreement in the form of an exchange 
of letters concerning the provisional application of the Supplement to the Protocol 
setting out the fishing opportunities and financial contribution provided for in the 
Agreement between the European Community and the Islamic Republic of 
Mauritania on fishing off the coast of Mauritania for the period 15 November 
1995 to 31 July 1996 
Proposal for a 
COUNCIL REGULATION (EC) 
on the conclusion of the Supplement to the Protocol setting out the fishing 
opportunities and financial contribution provided for in the Agreement between the 
European Community and the Islamic Republic of Mauritania on fishing off the 
coast of Mauritania for the period 15 November 1995 to 31 July 1996 
(presented by the Commission) 

EXPLANATORY MEMORANDUM 
Mauritania has proposed, under Article 3 of the Protocol to the Agreement on Fisheries 
between it and the EEC, to open fishing for cephalopods in its waters to Community 
vessels. 
A Supplement to the Protocol on this subject was initialled by both parties on 11 
November; it lays down the technical and financial terms for this new fishery activity 
for the period 15 November 1995 to 31 July 1996. 
On that basis the Commission proposes that the Council should adopt: 
by Decision, the draft Agreement in the form of exchange of letters concerning the 
provisional application of the Supplement to the Protocol pending its final entry into 
force; 
by Regulation, the Supplement to the Protocol setting out the fishing opportunities 
and related technical and financial conditions agreed by the EC and Mauritania for 
the period 15 November 1995 to 31 July 1996. 
1 
PROPOSAL FOR A 
COUNCIL DECISION 
on the conclusion of the Supplement to the Agreement in the form of an exchange 
of letters concerning the provisional application of the Supplement to the Protocol 
setting out the fishing opportunities and financial contribution provided for in the 
Agreement between the European Community and the Islamic Republic of 
Mauritania on fishing off the coast of Mauritania for the period 15 November 
1995 to 31 July 1996 
THE COUNCIL OF THE EUROPEAN UNION, 
Having regard to the Treaty establishing the European Community, 
Having regard to the Agreement between the European Economic Community and the 
Islamic Republic of Mauritania on fishing off the coast of Mauritania1, and in particular 
Article 13 thereof, 
Having regard to the proposal from the Commission, 
Whereas negotiations have been held between the Community and the Islamic Republic 
of Mauritania, in accordance with the second paragraph of Article 13 of the 
abovementioned Agreement, to determine the additions to be introduced into the Annex 
to the Agreement and into the Protocol for the period 15 November 1995 to 31 July 1996; 
Whereas, as a result of these negotiations, a Supplement to the Protocol was initialled on 
11 November 1995; 
Whereas, under that Supplement to the Protocol, Community fishermen have additional 
fishing rights in the waters under the sovereignty or jurisdiction of Mauritania; 
Whereas, in order to permit these fishing activities by Community vessels, it is essential 
that the Supplement to the Protocol be approved as soon as possible; whereas, for this 
reason, the two Parties initialled an Agreement in the form of an exchange of letters 
providing for the provisional application of the Supplement to the Protocol from 
15 November 1995; whereas this Agreement should be approved subject to a final 
decision under Article 43 of the Treaty, 
Whereas these fishing opportunities should be allocated to Member States in accordance 
with Article 8(4)(iii); whereas, in view of the loss of fishing opportunities in Moroccan 
waters, it is equitable to allot all the fishing opportunities to vessels flying the Spanish 
flag, 
HAS DECIDED AS FOLLOWS: 
Article 1 
OJNoL388, 31.12.1987, p. 1. 
3> 
The Agreement in the form of an exchange of letters concerning the provisional 
application of the Supplement to the Protocol setting out the fishing opportunities and 
financial contribution provided for in the Agreement between the European Community 
and the Islamic Republic of Mauritania on fishing off the coast of Mauritania for the 
period 15 November 1995 to 31 July 1996 is hereby approved on behalf of the 
Community. 
The texts of the Agreement in the form of an exchange of letters and of the Supplement 
to the Protocol are attached to this Decision. 
Article 2 
The fishing opportunities set out in the Supplement to the Protocol shall be granted to 
vessels flying the Spanish flag. 
Should applications for licences from Spain not exhaust the fishing opportunities set out 
in the Supplement to the Protocol, the Commission shall make it possible for the other 
Member States to make applications. 
Article 3 
The President of the Council is hereby authorized to designate the persons empowered 
to sign the Agreement in the form of an exchange of letters in order to bind the 
Community. 
Done at Brussels, 
For the Council 
The President 
4 
AGREEMENT 
IN THE FORM OF AN EXCHANGE OF LETTERS CONCERNING THE 
PROVISIONAL APPLICATION OF THE SUPPLEMENT TO THE PROTOCOL 
SETTING OUT THE FISHING OPPORTUNITIES AND FINANCIAL 
CONTRIBUTION PROVIDED FOR IN THE AGREEMENT BETWEEN THE 
EUROPEAN COMMUNITY AND THE ISLAMIC REPUBLIC OF MAURITANIA 
ON FISHING OFF THE COAST OF MAURITANIA FOR THE PERIOD 
1 AUGUST 1993 TO 31 JULY 1996 
A. Letter from the Islamic Republic of Mauritania 
Sir, 
With reference to the Supplement to the Protocol initialled on 11 November 1995 setting 
out, in accordance with Article 3 of the Protocol, additional fishing opportunities and the 
related financial contribution for the period 15 November 1995 to 31 July 1996 I have 
the honour to inform you that the Islamic Republic of Mauritania is prepared to apply this 
Supplement to the Protocol provisionally from 15 November 1995 pending its entry into 
force in accordance with Article 7 of the Supplement provided that the Community is 
disposed to do the same. 
This is on the understanding that the financial compensation specified in Article 2 of the 
Supplement to the Protocol must be paid by 25 January 1996. 
I should be obliged if you would confirm the European Community's agreement to such 
provisional application. 
Please accept, Sir, the assurance of my highest consideration. 
For the 
Islamic Republic of Mauritania 
B. Letter from the Community 
Sir, 
I have the honour to acknowledge receipt of your letter of today's date which reads as 
follows: 
"With reference to the Supplement to the Protocol initialled on 11 November 1995 
setting out, in accordance with Article 3 of the Protocol, additional fishing 
opportunities and the related financial contribution for the period 15 November 
1995 to 31 July 1996 I have the honour to inform you that the Islamic Republic 
of Mauritania is prepared to apply this Supplement to the Protocol provisionally 
from 15 November 1995 pending its entry into force in accordance with Article 
7 of the Supplement provided that the Community is disposed to do the same. 
This is on the understanding that the financial compensation specified in Article 2 
of the Supplement to the Protocol must be paid by 25 January 1996. 
I should be obliged if you would confirm the European Community's agreement 
to such provisional application." 
I have the honour to confirm the European Community's agreement to this provisional 
application 
Please accept, Sir, the assurance of my highest consideration. 
On behalf of the 
Council of the European Communities 
Proposal for a 
COUNCIL REGULATION (E C) No 
on the conclusion of the Supplement to the Protocol setting out the fishing 
opportunities and financial contribution provided for in the Agreement between the 
European Community and the Islamic Republic of Mauritania on fishing off the 
coast of Mauritania for the period 15 November 1995 to 31 July 1996 
THE COUNCIL OF THE EUROPEAN UNION, 
Having regard to the Treaty establishing the European Community, and in particular 
Article 43 thereof, in conjunction with the first paragraph of Article 228(3), 
Having regard to the proposal from the Commission,1 
Having regard to the opinion of the European Parliament,2 
Whereas, in accordance with the second paragraph of Article 13 of the Agreement 
between the European Community and the Islamic Republic of Mauritania on fishing off 
the coast of Mauritania,3 the two Parties negotiated to determine the additions to be 
introduced into the Annex to the Agreement and into the Protocol for the period 
15 November 1995 to 31 July 1996; 
Whereas, as a result of these negotiations, a Supplement to the Protocol setting out, for 
the period 15 november 1995 to 31 July 1996, the fishing opportunities and financial 
contribution provided for in the Agreement was initialled on 11 November 1995; 
Whereas it is in the Community's interest to approve this Supplement to the Protocol; 
Whereas these fishing opportunities should be allocated to Member States in accordance 
with Article 8(4)(iii); whereas, in view of the loss of fishing opportunities in Moroccan 
waters, it is equitable to allot all the fishing opportunities to vessels flying the Spanish 
flag, 
HAS ADOPTED THIS REGULATION. 
Article 1 
The Supplement to the Protocol setting out the fishing opportunities and financial 
contribution provided for in the Agreement between the European Community and the 
Islamic Republic of Mauritania on fishing off the coast of Mauritania for the period 
15 November 1995 to 31 July 1996 is hereby approved on behalf of the Community. 
The text of the Supplement to the Protocol is attached to this Regulation. Ccjny 
1 OJ No C 
2 OJ No C 
3 OJ No L 388, 31.12.1987, p. 1. 
Article 2 
The fishing opportunities set out in the Supplement to the Protocol shall be allotted to 
vessels flying the Spanish flag. 
Should applications for licences lodged by Spain not exhaust the fishing opportunities set 
out in the Supplement to the Protocol the Commission shall make it possible for the other 
Member States to make applications. 
Article 3 
The President of the Council is hereby authorized to designate the persons empowered 
to sign the Supplement to the Protocol in order to bind the Community. 
Article 4 
This Regulation shall enter into force on the third day following its publication in the 
Official Journal of the European Communities. 
This Regulation shall be binding in its entirety and directly applicable in all Member 
States. 
AGREEMENT 
IN THE FORM OF AN EXCHANGE OF LETTERS CONCERNING THE 
PROVISIONAL APPLICATION OF THE SUPPLEMENT TO THE PROTOCOL 
SETTING OUT THE FISHING OPPORTUNITIES AND FINANCIAL 
CONTRIBUTION PROVIDED FOR IN THE AGREEMENT BETWEEN THE 
EUROPEAN COMMUNITY AND THE ISLAMIC REPUBLIC OF MAURITANIA 
ON FISHING OFF THE COAST OF MAURITANIA FOR THE PERIOD 
1 AUGUST 1993 TO 31 JULY 1996 
Article 1 
From 15 November 1995 to 31 July 1996 further fishing opportunities are hereby granted, 
pursuant to Article 3 of the Protocol, to cephalopod fishing vessels: 5 250 GRT/month 
annual average, which may vary by a margin of 5% above or below that figure, for not 
more than 18 vessels. Should the figure be exceeded within the 5% limit the shipowners 
shall pay the fees for the additional GRT. 
Article 2 
1. The total financial compensation for the period referred to in Article 1 shall be 
ECU 7 259 000. 
2. The use to which this compensation is put shall be the sole responsibility of 
Mauritania. 
3. The compensation shall be paid into an account opened with a financial institution 
or any other body designated by Mauritania. 
Article 3 
Of the amount of total financial compensation provided for in Article 2(1) Mauritania 
shall allocate, for the period referred to in Article 1, the sum of ECU 350 000 towards 
the financing of scientific and technical programmes to improve biological and fishery 
resource information as regards the Mauritanian fishing zone. This sum shall be made 
available to Mauritania and the corresponding amounts shall be transferred to the accounts 
indicated by the Mauritanian authorities (CNROP in Nouadhibou). 
The Community reserves the right to request the other contracting party to provide any 
information that may be useful for scientific purposes. 
Article 4 
1. Of the amount of total financial compensation provided for in Article 2(1), 
Mauritania shall allocate, for the period referred to in Article 1, the sum of 
ECU 150 000 to study and practical training in the various scientific, technical 
and economic disciplines relating to fisheries. To this end, the Community shall 
make it easier for nationals of Mauritania to find places in establishments in its 
Member States. 
2. Part of the amount referred to in paragraph 1 may be allocated to cover the costs 
of participating in international meetings or training courses on fisheries. 
Article 5 
Should the Community fail to make the payments provided for in Article 2, Mauritania 
reserves the right to suspend the application of this Protocol. 
Article 6 
The Annex to the Agreement between the European Community and Mauritania on 
fishing off the coast of Mauritania is hereby replaced by the Annex to this Supplement 
to the Protocol. 
Article 7 
This Supplement to the Protocol shall enter into force on the date on which it is signed. 
It shall apply with effect from 15 November 1995. 
i% 
ANNEX 
Conditions for cephalopod fishing between 15 November 1995 and 31 July 1996 
supplementing those set out in the Annex to the Protocol. 
1. Inspection 
Each vessel concerned will undergo only one inspection in port for the period 
from 15 November 1995 to 31 July 1996. 
2. Replacement of a vessel 
Each vessel may be replaced by another of equal or smaller gross registered 
tonnage subject to the following conditions: 
(a) at least three months after the licence was issued; 
(b) during a given period of three months by reason of force majeure. 
3. Licence fee and period 
(a) licences shall be issued for periods of three, six or 8.5 months. 
Three-month licences shall be renewable; 
(b) the fee to be paid by the shipowner shall be ECU 348 per gross registered 
ton per year. It shall be payable in proportion to the period of the licence. 
4. Signing-on of Mauritanian seamen 
Each vessel shall employ Mauritanian seamen to make up 35% of the non-officer 
crew engaged in manning the vessel or fishing activities, of whom 25% shall in 
any circumstances be on board. 
In respect of the 10% who may not be on board, the shipowner shall pay 
compensation of ECU 200/month per seaman to the Mauritanian authorities at the 
same time as the licence fee. Such compensation shall be used for the training 
of Mauritanian fishermen. 
5. On-board observers 
Each vessel shall take on board not more than one observer, within the 25% limit 
of Mauritanian fishermen. 
6. Fishing zone 
The fishing zone in which Community vessels are permitted shall be identical to 
that laid down by national regulations for Mauritanian vessels. 
7. Authorized mesh size 
The minimum authorized mesh size is 70 mm. 
8. Special provisions 
(a) Community shipowners shall own the catches in their entirety and be free 
to decide upon their sale and unloading in the port of their choice. 
However, the Community and Mauritania will encourage their own 
operators concerned to establish permanent joint consultation in order to 
prevent any competition liable to destabilize the market. 
(b) Community vessels are required to abide by Mauritanian regulations in 
force for the protection of juveniles. However, should any juveniles be 
caught the shipowner will be liable to a fine of not less than the value of 
the juvenile specimens caught and marketed by him. Vessels fishing for 
cephalopods may catch fish and crustaceans and keep them on board. 
(c) The competent Community authorities shall inform the Mauritanian 
authorities on a case-by-case basis in writing ten days in advance of 
inspection visits which they have decided to conduct in a Community port. 
The Mauritanian authorities shall give five days' notice of their intention 
to send an observer. The observer should not be sent for a period 
exceeding 15 days. 
To this end the Community will make the necessary arrangements for the 
Mauritanian authorities to be informed in real time of landings performed 
by vessels operating in Mauritanian waters. 
(d) Community shipowners shall be free to choose the local agents for their 
vessels although they must be of Mauritanian nationality. 
(e) The European Union and Mauritania, in their concern for the conservation 
of resources, shall endeavour to cooperate to strengthen the system for the 
surveillance of the Mauritanian EEZ. 
i <&* 
FINANCIAL STATEMENT ^ 
1. TITLE OF OPERATION: complement to the financial Protocol EC/Mauritania 
2. BUDGET HEADING INVOLVED: B7-800 
3. LEGAL BASIS: EC/Mauritania Agreement 
Council R. No 1348/94 -art 3- (OJ No L 149, 15.6.1994) 
4. DESCRIPTION OF OPERATION 
4.1 General objective: new fishing possibilities 
4.2 Period covered and arrangements for renewal or extension 
15.11.95 to 31.7.96, expiery date of the current protocole 
5. Classification of expenditure or revenue 
5.1 Compulsory 
5.2 Differentiated 
6. Type of expenditure or revenue 
- O^er.Financial compensation to a third country in exchange for fishing opportunities 
granted by it and laid down in the complement to the Protocol. 
7. FINANCIAL IMPACT 
7.1 Method of calculating total cost of operation (definition of unit costs) 
see complement to the Protocol 
7.2 Itemised breakdown of cost 
Breakdown 
current ECUs 
financial 
contribution 
(art. 2) 1995 
7.259.000 
ECUs 1996 1999 TOTAL 
7.259.000 
ECUs 
••3 
7.3 Schedule for proposed new operation 
Commitment 
appropriations 1995 
ECU 
(current) 
7.259.000 1996 ... 1999 TOTAL 
ECU 
(current) 
7.259.000 
Payment appropriations 
1995 
1996 
... 
1999 
TOTAL ECU 
(current) 
7.259.000 
ECU 
(current) 
7.259.000 ECU (current) 
7.259.000 
8. FRAUD PREVENTION MEASURES; RESULTS OF MEASURES TAKEN: 
Since the financial contributions are made by the Community in direct exchange for the fishing possibilities 
offered, the third country uses them for whatever end it chooses. The exception to this rule is the case of 
programmes, such as the scientific programmes, where under the dispositions of the Agreement, Mauritania 
will furnish reports to the Community. 
In addition, the Member States whose vessels operate under this Agreement must certify to the Commission 
the exactitude of the data indicated in the tonnage certificates of the vessels so that the licence fees may be 
calculated on a guaranteed basis. To that end, the Agreement includes catch declarations for 
Community vessels. 
9. ELEMENTS OF COST-EFFECTIVENESS ANALYSIS: 
In terms of the benefits of this agreement, it is clear that the value of the catches of the main commercial species 
far exceeds the cost of 7.259 MECU. 
In addition to the direct commercial value of the catches of the vessels concerned, there are the following 
evident benefits from this Agreement: 
guaranteed employment aboard the fishing vessels; 
multiplier employment effect throughout the regions concerned (Southern Spain) in the ports, auctions 
rooms, processing factories, shipyards, service industries, etc.; 
these employment opportunities are in regions where no other opportunities are available; 
contribution to the supply of fish to the Community. 
Obviously, in addition to those benefits, one must take account of the importance of our relations with 
Mauritania in the fisheries field and our overall political relations. 
10. ADMINISTRATIVE EXPENDITURE (part A of the budget): 
No incidence on administrative expenditure. 
l^ 
ISSN 0254-1475 
COM(95) 726 final 
DOCUMENT 
EN 03 u 
Catalogue number : CB-CO-95-762-EN-C 
ISBN 92-77-98691-3 
Office for Official Publications of the European Communities 
L-2985 Luxembourg