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COM(94) 32 final 
Brussels, 11.02.1994 
94/0022 (CNS) 
Proposal for a 
COUNCIL DECISION 
on the conclusion of the Agreement in the form of an exchange of letters 
concerning the provisional application of the Protocol defining, for the period 
1 December 1993 to 30 November 1996, the fishing opportunities 
and the financial contribution provided for by the Agreement 
between the European Community and the Government of 
Mauritius on fishing in the waters of Mauritius 
Proposal for a 
COUNCIL REGULATION £EC) 94/0022 (CNS) 
relating to the conclusion of the Protocol defining, for the period 
1 December 1993 to 30 November 1996, the fishing opportunities 
and the financial contribution provided for by the Agreement 
between the European Community and the Government 
of Mauritius on fishing off Mauritius 
(presented by the Commission) 
2. 
EXPLANATORY MEMORANDUM 
The protocol to the fisheries agreement between the Cr/nmu ni': y *- " Mauritius 
expired on 30 November 1993. A new protocol was initialled by the two 
parties on 26 November 1993 laying down the technical and financial 
conditions for fishing activities by Community vessels in Mauritian waters 
for the period 1 December 1993 to 30 November 1996. 
On this basis the Commission proposes that the Council should adopt: 
in a Decision, the draft agreement in the form of an exchange of letters 
on the provisional application of the new protocol pending its definitive 
entry into force, 
in a Regulation, the protocol setting out the fishing opportunities and 
the associated technical and financial conditions agreed between the 
Community and Mauritius for the period 1 December 1993 to 30 November 
1996. 
Propose' for a 
COUNCIL DECISION 
TKB CX)UNCIL OF j^r P(_K0PtAN LKIOM 
Having tt£- >v to ?*>-: T -, / «r- -"-'-K-0 :!ie L . s -* • 
Cor."m«r »«*y, 
Having rejnm! t«? the A^r^-rr* ©T^-cr the Hum .-.i 
^untius (% 
Having rcgar" ».. >t prcpo"-! from the C •rr.rr'issior, 
Wheress the Co-nsr«Ksif/ and M__»i itius 
hel*i ti^-t^. .i»r>n- tc deurmin.. ?!*• Amend­
ments or i^Mit'er,- to be made so the A^c * i-mnl on 
fishing offMauntius »; the end of thi period of implica­
tion of the fin; Protocol ; 
Whereas, as a resale of these irHfOtkdons a new Fiotoco! 
was initialled on-,,, K^ , ,«« 26 Noveiroer 1993; 
Whereas, under this Protocol, Community fishermen 
enjoy fishing opportunities in die waters falling within 
the sovereignty or jurisdiction of Mauritius 
fof ths period 1 December 1993 to 
30 Novenber 1996; 
Whereas, in order to avoid interruption of fishing activit­
ies by Community vessels, it h essentia! tha? the Protc-co! 
in question be approved as quickly as possible; whereas 
both parties have therefore initialled an Agreement in the 
form of an exchange of letters providing for the provi­
sional application of the initialled Protocol from the day 
following the date of expiry of the Protocols previously in !*>;-_'- ; where-" tS'. /.^ ^.» t-. »•" ' « * isrii c-1 *.. fin-'i 
•' !-i- - •*. .-" "- roncK 'V, -- , cs >• 2 <irfi:.iti'...-
**•<.' io<» urio-.f Ai'icW 43 or tit. Ti-niy, 
HAS DiLQDEi- AS rOLLOWS : 
Ankle 1 
The Agrcemcfti in tit-; fo;n» of an exchange of lcuc -
concen..?n«; ih": provjjfor.pl applies-:;:.f. o- the Proax- ' 
defining for th-~ period 1 Dec 93 to 30 Mov. 96 the 
fishing opportunities and the fm.sncv-1 c->j-tributio.s 
prodded for by thr Agreement between th Emoprzn 
Community and the Government ofMoU^tlUS 
on fi:hin.7 offKsUntiuS is 
hereby approved oa behalf of the Community. 
The text of tat Agreement in tLc forju of an e^hangc oi 
letters is attached to this Decision. 
Artitle 2 
The President of the Council is hereby authorized t > 
designate the persons empowered to sign the Agree :.ker-« 
in the foirm of an exchange of letters in order to bind the 
Community. 
Done at Brands, 
Foi I be Council 
The President 
0 OJ No L 159, 10.6.1989, p. 1 m\ **:, . s, * **v *••* < r *X' *4gi"» - **t9s * »•• the fezr.* af mi exchf •>«•;. -uf *s*" -s 
c*. • . ^ " r vciti'V cpp,:> • » •"* cf the Pro*,-*'•»'•' vetoing,, ft s &' p-?'^: 
• r.'j*"V friz- 'J co*^* «**•''* fj^viC^ fo. «". * ; Ag'^em "-
S - > " - , „ - ^' - » - » ^ *' . *• ' .* -f_ _ ,- .. « .* rt J* 
AGREEMENT 
in the form of an exchange of letters on the provisional application of 
the protocol defining for the period 1 december 1993 to 30 November 
1996, the fishing opportunities and the financial contribution provided 
for by the Agreement between the European Community and the Government 
of Mauritius on fishing in the waters of Mauritius 
A. Letter from the Government of Mauritius 
Sir, 
With reference to the Protocol, initialled on 26 November 1993, 
defining the fishing opportunities and the financial contribution for 
the period 1 December 1993 to 30 november 1996, I have the honour to 
inform you that the Government of Mauritius is willing to apply the 
Protocol provisionally from 1 December 1993 pending its entry into 
force in accordance with Article 6 thereof, provided that the European 
Community is prepared to do likewise. 
This is on the understanding that the first instalment, equal to one 
third of the financial compensation laid down by Article 2 of the 
Protocol, must be paid before 31 May 1994. 
I should be grateful if you would confirm the agreement of the European 
Community to such a provisional application. 
Please accept, Sir, the assurance of my highest consideration. 
f\ Por the Government 
of Mauritius g>. 
3 
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 Protocol, initialled on 26 November 1993, 
defining the fishing opportunities and the financial contribution 
for the period 1 December 1993 to 30 november 1996, I have the 
honour to inform you that the Government of Mauritius is willing to 
apply the Protocol provisionally from 1 December 1993 pending its 
entry into force in accordance with Article 6 thereof, provided 
that the European Community is prepared to do likewise. 
This is on the understanding that the first instalment, equal to 
one third of the financial compensation laid down by Article 2 of 
the Protocol, must be paid before 31 May 1994. 
I should be grateful if you would confirm the agreement of the 
European Community to such a provisional application. 
I am pleased to confirm the agreement of the European Community to a 
provisional application. 
Please accept. Sir, the assurance of my highest consideration. 
For the Council of 
the European Union 
is 
(r 
Proposal for a 
COUNCIL TOOTLATON (EC) (CNS) 
relating to the conclusion of the Protocol defining, for the period 
1 December 1993 to 30 November 1996, the fishing opportunities 
and the financial contribution provided for by the Agreement 
between me European Community and the Government 
of Maaritras on fishing off Maurinus 
THE COUNCIL OF THE EUROPEAN UNION 
Having regard to the Treaty establishing the European 
Community, and in particular Article 228 
(2) and (3) first subparagraph, in conjuction with 
Article 43 Having regard to* the proposal from the Commission ('), 
Having regard to the opinion of the European 
Parliament (*), 
Whereas, in accordance with the Agreement between the 
European Community and the Government of 
Mauritius °« f«hing off 
Mauritius (*)» the Contracting Parties held nego­
tiations with a view to determining amendments or 
additions to be made to the Agreement at the end of the 
period of application of the first Protocol ; 
Whereas, as a result of these negotiations, a new 
Protocol defining, for the period 1 dec 93 to 30 nov 
, the fishing opportunities and the financial 
contribution provided for by the said Agreement was 
initialled on 26 November 1993; 
Whereas it is in the Community's interest to approve this 
Protocol, HAS ADOPTED THIS REGULATION 
Article I 
The Protocol defining, for the period -j necçj^ep 1993, to 30 
rov 96 > inc fining opportunities and the tinancial 
contribution provided for by the Agreement between the 
European Community and the Government of 
Mauritius on fishinS off 
Mauritius >s hereby approved 
Community. on behalf of the 
96 The text of the Protocol is attached to this Regulation 
Article 2 
The President of the Council is hereby authorized to 
designate the persons empowered to sign the Protocol in 
order to bind the Community ('). 
Article J 
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. 
Done at Brussels, 
For the Council 
The Président 
(•) OJ No C 
O Opinion delivered on 
the Official Journal). 
O OJ No L 159,10.6.1989,p.1 (not yet published in (*) The date of entry into force of the Protocol will l><* 
published in the Officii! Jommml of the Europe*-
Communities by the General Secretariat of the Council. 
V 
PROTOCOL 
defining, for the period 1 December 1993 to 30 November 1996, the 
fishing opportunities and the financial contribution provided for by 
the Agreement between the European Community and the Government of 
Mauritius on fishing in the waters of Mauritius. 
Article 1 
1. Pursuant to Article 2 of the Agreement, and for a period of three 
years from 1 December 1993, the following fishing possibilities 
shall be accorded : 
for ocean-going tuna seiners : licences for 20 vessels; 
- for vessels fisching by line (except tuna trollers and tuna 
surface longliners) : licences for 100 GRT/month on an annual 
average. 
2. Furthermore fishing licences may also be granted for tuna trollers 
and surface tuna longliners. 
3. These fishing possibilities may, at the Community's request, be 
increased by the Joint Committee referred to in Article 8 of the 
Agreement. 
Article 2 
1. The financial compensation referred to in the Agreement for the 
above-mentioned period is fixed at ECU 975,000, payable in three 
annual instalments. 
2. In the case of tuna fishing, this compensation shall cover a catch 
weight in waters of Mauritius of 6,000 tonnes of tuna fished per 
year. If the annual amount of tuna caught by Community vessels in 
the waters of Mauritius exceeds this quantity, the above-mentioned 
compensation shall be increased by ECU 50 for each additional tonne 
caught. 
3. The use to which this compensation is put shall be the sole 
competence of Mauritius. 
4. The financial compensation shall be paid into an account opened at 
a financial institution or other body designated by Mauritius. £ 
Y 
Article 3 
1. The Community shall also pay a contribution of ECU 380,000 towards 
the financing of scientific and technical programmes (including 
equipment, infrastructure, etc.) in order to improve knowledge of 
fish stocks and fisheries in general. 
2. The competent authorities of Mauritius shall send to the Commission 
a brief report on the utilisation of the funds. 
3. The Community's contribution to the scientific and technical 
programmes shall be paid into an account specified by the 
authorities of Mauritius. 
Article 4 
The two parties hereby agree that an essential condition for the 
success of their co-operation is that the skills and know-how of 
persons engaged in sea fishing be improved. To this end, the Community 
will assist Mauritian nationals in finding places in establishments in 
its Member States or States with which it has concluded cooperation 
agreements and will make available an amount of ECU 100,000 for study 
or practical training awards with a maximum duration ol five years in 
the various scientific, technical and economic subjects relating to 
fisheries. Of this amount, up to ECU 30,000 may be used, at the request 
of the Mauritian authorities, to cover the cost of attending 
international meetings relating to fisheries. 
Article 5 
Should the Community fail to make the payments specified in articles 2 
and 3, the Agreement on fishing may be suspended. 
Article 6 
The Annex to the Agreement between the European Community and the 
Government of Mauritius on fishing in the waters of Mauritius is hereby 
repealed and replaced by the Annex to this Protocol. 
Article 7 
This protocol with its Annex shall enter into force on the date of its 
signature. ^ 
It shall apply from 1 December 1993. 
°\ 
A ANNEX 
CONDITIONS FOR THE PURSUIT OP PISHING ACTIVITIES BY 
COMMUNITY VKSSKI.S IN THE WATERS OK MAURITIUS 
Licence application and issuing formalities 
The application procedure for, and issue of, the licences enabling 
Community vessels to fish in the waters of Mauritius shall be as 
follows : 
(a) The Commission of the European Communities shall present to the 
authorities of Mauritius via the representative of the 
Commission of the European Communities in Mauritius an 
application, made by the shipowner, for each vessel that wishes 
to fish under this Agreement, at least 20 days before the date 
of commencement of the period of validity requested. The 
application shall be made on the forms provided for that 
purpose by Mauritius, a specimen of which is annexed hereto. 
(b) Every licence shall be issued to the shipowner for one 
designated vessel. At the request of the Commission of the 
European Communities the licence for a vessel may and, in cases 
of force majeure shall be replaced by a licence for another 
Community vessel. 
(c) The licences shall be delivered by the authorities of Mauritius 
to the representative of the Commission of the European 
Communities in Mauritius. 
(d) The licence document must be held on board at all times. 
However, on receipt of the notification of the advance payment 
sent by the Commission of the European Communities to the 
Mauritian authorities, the vessel will be included on a list, 
to be notified to the Mauritian fisheries control authorities. 
Whilst awaiting receipt of the licence document, a fax copy of 
this licence document may be obtained and shall be kept on 
board, which will authorioe the vessel to fish, pending 
delivery on board of the licence document. 
(e) The authorities of Mauritius shall communicate before the date 
of entry into force of the agreement the arrangements for 
payments of the licence fees, and in particular the details of 
the bank account and the currency to be used. 
£ 
Validity of licences and payment provisions for tuna vessels 
(a) Licences shall be valid for a period of one year. They are 
renewable. 
(b) For tuna seiners, the fees shall be set at ECU 20 |M»r tonne 
caught within the waters of Mauritius. Applications tor 
licences for tuna vessels shall be issued following advance* 
payment to Mauritius of a lump sum of ECU 1,000 a year for each 
tuna seiner, equivalent to the fees for 50 tonnes of tuna 
caught within the waters of Mauritius per year. 
(c) For small tuna trollers and surface tuna longliners mentioned 
in Article 1 of the Protocol, the licence fee is fixed at ECU 
20 per tonne caught in Mauritian waters. The licences shall be 
issued following advance payment to Mauritius of a lump sum of 
ECU 500 per year per vessel, equivalent to the fees due for 25 
tonnes of tuna caught in Mauritian waters per year. 
(d) A provisional statement of the fees due for the fishing year 
shall be drawn up by the Commission of the European Communities 
at the end of each calendar year on the basis of the catch 
statements made by the shipowners and forwarded simultaneously 
to the authorities of Mauritius and the Commission of the» 
European Communities. The corresponding amount shall be paid by 
the shipowners to the Treasury of Mauritius no later than 31 
March of the following year. The final statement of the fees 
due in respect of a fishing year shall be drawn up by the 
Commission of the European Communities, taking into account 
available scientific opinion and any statistical data which can 
be gathered by ORSTOM, the Spanish Océanographie Institute and 
any international fishing organisations in the Indian Ocean. 
The shipowners shall be notified by the Commission of the 
European Communities of the statement and shall have 30 days in 
which to meet their financial obligations. If the amount of the 
sum due for actual fishing operations is less than the advance 
payment, the corresponding outstanding sum shall not be 
recoverable by the shipowner. 
Validity of licences and payment provisions for others vessels 
For vessels fishing by line (except tuna trollers and tuna surface 
longliners), licences shall be valid for three, six or twelve 
months. The annual fees shall be fixed in relation to the GRT as 
follows : ECU 60 per GRT pro rata temporis. 
K\ 
\1 
Observers 
All vessels above 50 GRT shall, at the request of the» authoritie»n 
of Mauritius, take on board an observer designated by these 
authorities in order to check catches made in the waters of 
Mauritius. Observers shall have all facilities necessary for the 
performance of this duty including access to places and documents. 
An observer must not be present for longer than the time required 
to fulfil his duties. They shall be provided with suitable food and 
accomodation while on board. Should a vessel with a Mauritian 
observer on board leave the waters of Mauritius, every step will be 
taken to ensure tat the observer returns to Mauritius as soon as 
possible, at the shipowner's expense. 
Radio communication and reporting 
Vessels above 50 GRT shall communicate, when entering and leaving 
Mauritian waters, and, every three days, while fishing in Mauritian 
waters, to a radio station (the name, call sign and frequency of 
which shall be specified in the licence) or by fax (nr 
230-208-1929), their position and the volume of catches on board. 
The captains of all vessels including vessels fishing by line shall 
complete a fishing report form which will indicate the date, the 
vessel's position, and the quantity and species of fish caught. 
Tuna vessels shall also provide the number of sets and the quantity 
of tuna caught per species. These forms shall be forwarded to the 
Authorities of Mauritius not later than three weeks after each 
fishing campaign. However, in the case of vessels fishing by line, 
tuna trollers and tuna surface longliners, these reports shall be 
sent not later than one month after the end of each quarter. 
6. Fishing zones 
Tuna seiners, tuna trollers and tuna surface longliners may fish in 
the waters of Mauritius except within a distance of 12 nautical 
miles measured from the baseline. Vessels fishing by line are only 
authorised to fish in their traditional grounds, namely Soudan Bank 
and East Soudan Bank. 
Supply to the Tuna Canning Industry 
Community tuna vessels shall endeavour to sell part of their catch 
to the Mauritian tuna canning industry at a price to be fixed in 
common agreement between Community shipowners and the owners of the 
Mauritian tuna canning industry. 
& 
\l 
AIII ICAI KM Mi» A MWI IIJI IIMIIW. VIV.II IIIINM 
Naae of applicant : - - -
Address of appl icant : - -
Naae mnd address of charterers of vessel if different froa above : 
Naae and address of agent in Mauritius (if any) : 
Naae of vessel : -
Type of vessel : -
Country of registry : 
Port and registration number : 
Fishing vessel external idant if icet ion : 
Radio call sign mnd frequency : --
Fax number of vesssl : 
Length of vessel : 
Width of vessel : 
Engine type end power : -
Cross registered tonnage of vessel : 
Net registered tonnage of vess»». : 
Miniaua crew coapleaent : 
Type of fishing practised : 
Proposed species of fish : 
Per iod of vel idi ty requested : 
1 certify that the above particulars are correct. 
Date Signature 
£5 
I s 
1. BUDGET HEADING B7 - 800 APPROPRIATIONS 
2. TITLE : New protocol EC/Mauritius 
3. LEGAL BASIS : EC/Mauritius Agreement 
4. AIMS OF PROJECT : Protocol for a period of 3 years 
5. FINANCIAL IMPLICATIONS 
5.0. EXPENDITURE 
- charged to the EC budget 
(refunds/intervention) 
- national administration 
- other 
5.1. REVENUE 
- own resources of the EC 
(levies/customs duties) 
- national 
5.0.1. ESTIMATED EXPENDITURE 
5.1.1. ESTIMATED REVENUE PERIOD OF 12 
MONTHS 
1994 
485.000 CURRENT 
FINANCIAL 
YEAR (94) 
485.000 ECU 
(annual 
average) 
1995 
485.000 FOLLOWING 
FINANCIAL 
YEAR (95) 
485.000 ECU 
(annual 
average) 
1996 
485.000 
5.2. METHOD OF CALCULATION : 
- financial contribution 
- scientific programme : 
- study grants : 
Financial compensation : 
Average annual cost : (annual average) 
.... J . L 
975.000 ECU 
380.000 ECU 
100.000 ECU 
1.455.000 ECU 
485.000 ECU 
6.0. CAN THE PROJECT BE FINANCED FROM APPROPRIATIONS ENTERED IN 
THE RELEVANT CHAPTER OF THE CURRENT BUDGET ? YES 
6.1. CAN THE PROJECT BE FINANCED BY TRANSFER BETWEEN CHAPTERS 
OF THE CURRENT BUDGET ? YES/1 
6.2. IS A SUPPLEMENTARY BUDGET NECESSARY ? I/NO 
6.3. WILL FUTURE BUDGET APPROPRIATIONS BE NECESSARY ? YES/» 
OBSERVATIONS 
u 
ISSN 0254-U75 
COM(94) 32 final 
DOCUMENTS 
EN 1103 
Catalogue number : CB-CO-94-038-EN-C 
ISBN 92-77-64903-8 
Office for Official Publications of the European Communities 
L-2985 Luxembourg