COMMISSION OF THE EUROPEAN COMMUNITIES 
Brussels, 14.02.1997 
COM(97)43 final 
97/0035 (CNS) 
Proposal for a 
COUNCIL DECISION 
on the conclusion of an Agreement in the form of an exchange of letters on the 
provisional application of the Protocol defining, for the period 1 December 1996 
to 30 November 1999, 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 (EO 
relating to the conclusion of the Protocol defining, for the period 1 December 1996 
to 30 November 1999, 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 
(presented by the Commission) 

EXPLANATORY MEMORANDUM 
The Protocol annexed to the fisheries agreement between the European Community and 
Mauritius expired on 30.11.1996. A new Protocol was initialled by the two parties on 26.11.96 
establishing the technical and financial conditions under which Community fishing vessels can 
fish in Mauritius waters in the period 1.12.1996 to 30.11.99. 
The Commission is accordingly proposing that the Council should adopt: 
by means of a Decision, the draft Agreement in the form of an exchange of letters 
concerning the provisional application of the new Protocol pending its final entry into 
force, 
by means of a Regulation, the Protocol establishing the fishing opportunities and the 
associated technical and financial conditions agreed between the Community and 
Mauritius for the period 1.12.96 to 30.11.99. 
1 
Proposal for a 
COUNCIL DECISION 
on the conclusion of an Agreement in the form of an exchange of letters on the 
provisional application of the Protocol defining, for the period 1 December 1996 
to 30 November 1999, 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 
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 Government 
of Mauritius on fishing in Mauritian waters (!), 
Having regard to the proposal from the Commission, 
Whereas the Community and Mauritius held negotiations to determine the amendments or additions 
to be made to the Agreement on fishing off Mauritius at the end of the -period of application of 
Protocol; 
Whereas, as a result of these negotiations a new Protocol was initialled on 26 November 1996 
Whereas, under this Protocol, Community fishermen enjoy fishing opportunities in the waters falling 
within the sovereignty or jurisdiction of Mauritius for the period 1 December 1996 to 
30 November 1999 
(1) OJNoL159, 10.6.1989, p. 2. 
Whereas, in order to avoid interruption of fishing activities by Community vessels, it is essential that 
the Protocol 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 provisional application 
of the initialled Protocol from the day following the date of expiry of the Protocols previously in 
force; whereas the Agreement in the form of an exchange of letters should be concluded, subject to a 
definitive decision under Article 43 of the Treaty, 
HAS DECIDED AS FOLLOWS: 
Article 1 
The Agreement in the form of an exchange of letters on the provisional application of the Protocol 
defining, for the period 1 December 1996to 30 November 1999 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 is hereby approved on behalf of the 
Community. 
The text of the Agreement is attached to this Decision. 
Article 2 
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 
AGREEMENT 
IN THE FORM OF AN EXCHANGE OF LETTERS ON THE PROVISIONAL APPLICATION*OF THE 
PROTOCOL DEFINING, FOR THE PERIOD 1 DECEMBER 1996 TO 30 NOVEMBER 1999, 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 
With reference to the Protocol, initialled on 26 November 1996, defining the fishing opportunities and the 
financial contribution for the period 1 December 1996 to 30 November 1999,1 have the honour to inform you 
that the Government of Mauritius is willing to apply the Protocol provisionally from 1 December 1996 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 1997. 
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. 
For the Government of Mauritius 
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 1996, defining the fishing opportunities and 
the financial contribution for the period 1 December 1996 to 30 November 1999,1 have the honour to 
inform you that the Government of Mauritius is willing to apply the Protocol provisionally from 
1 December 1996 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 1997. 
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 
5 
Proposal for a 
COUNCIL REGULATION (EC) 
relating to the conclusion of the Protocol defining, for the period 1 December 1996 
to 30 November 1999, 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 
97/0035 (CNS) 
THE COUNCIL OF THE EUROPEAN UNION, 
Having regard to the Treaty establishing the European Community, and in particular Article 43, 
in conjunction with Article 228(2) and (3), first subparagraph, thereof, 
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 Economic Community and 
the Government of Mauritius on fishing in Mauritian waters3, the Contracting Parties held 
negotiations with a view to determining amendments or additions to be made to the Agreement at 
the end of the period of application of Protocol; 
Whereas, as a result of these negotiations, a new Protocol defining, for the period 
1 December 1996 to 30 November 19969, the fishing opportunities and the financial contribution 
provided for by the said Agreement was initialled on 26 November 1996; 
Whereas it is in the Community's interest to approve this Protocol, 
1 OJNoC 
Opinion delivered on (not yet published in the Official Journal). 
3 OJNoL 159, 10.6.1989, p. 2. 
G 
HAS ADOPTED THIS REGULATION: 
Article 1 
The Protocol defining, for the period 1 December 1996 to 30 November 1999, 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 is hereby 
approved on behalf of the Community. -
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 3 
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 President 
(4) The date of entry into force of the Protocol will be published in the Official Journal of the 
European Communities by the General Secretariat of the Council. 
* 
PROTOCOL 
DEFINING, FOR THE PERIOD 1 DECEMBER 1996 TO 30 NOVEMBER 1999, 
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. 1.Pursuant to Article 2 of the Agreement, and for a period of three years from 
1 December 1996, the following fishing possibilities shall be accorded: 
- for ocean-going tuna seiners: licences for 43 vessels; 
- for vessels fishing by line (except tuna trailers 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 abovementioned period is 
fixed at ECU 1.218.750, payable in three annual instalments. 
2. In the case of tuna fishing, this compensation shall cover a catch weight in waters of 
Mauritius of 7.500 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 abovementioned 
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 desif nated by Mauritius. 
£ 
ARTICLE 3 
1. The Community shall also pay a contribution of ECU 418.000 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 
utilization 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 co-operation agreements and will make available 
an amount of ECU 110.000 for study or practical training awards with a maximum duration of 
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 1996. 
ei 
ANNEX 
CONDITIONS FOR THE PURSUIT OF FISHING ACTIVITIES BY 
COMMUNITY VESSELS IN THE WATERS OF MAURITIUS 
1. 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 authorize 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. 
2. 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 per tonne caught within the 
waters of Mauritius. Applications for 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. 
•CO 
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 statementjpf 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 organizations 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 other 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. 
4. Observers 
All vessels above 50 GRT shall, at the request of the authorities 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 accommodation while on board. Should a vessel with a 
Mauritian observer on board leave the waters of Mauritius, every step will be taken to 
ensure that 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 
(No 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 
sl>\ 
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 authorized to fish in their traditional grounds, namely 
Soudan Bank and East Soudan Bank. 
7. - 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. 
-^ 
APPLICATION FOR A FOREIGN FISHING VESSEL LICENCE 
Name of applicant: 
Address of applicant: 
Name and address of charterers of vessel if different from above: 
Name and address of agent in Mauritius (if any): 
Name of vessel: 
Type of vessel: 
Country of registry: 
Port and registration number: 
Fishing vessel external identification: 
Radio call sign and frequency: 
Fax number of vessel: 
Length of vessel: , 
Width of vessel: 
Engine type and power: 
Gross registered tonnage of vessel: 
Net registered tonnage of vessel: 
Minimum crew complement: 
Type of fishing practised: 
Proposed species of fish: 
Period of validity requested: 
I certify that the above particulars are correct. 
Date Signature 
M, 
FINANCIAL STATEMENT 
6. 1. TITLE OF OPERATION: New financial Protocol EC/Mauritius 
2. BUDGET HEADING INVOLVED: B7-800 
3. LEGAL BASIS:Treaty art.43, in conjunction with art.228(2) and (3) first subpar. 
EC/Mauritius Agreement (OJ No L 159,10.6.89) 
4. DESCRIPTION OF OPERATION 
4.1 General objective: Protocol and Annex for a 3-year period 
4.2 Period covered and arrangements for renewal or extension: 
1 December 1996 to 30 November 1999 
Arrangements for renewal by negotiations before the Protocol expires. 
5. Classification of expenditure or revenue 
5.1 Compulsory 
5.2 Differentiated 
Type of expenditure or revenue 
- Other: Financial compensation to a third country in exchange for fishing opportunities 
granted by it and laid down in the Protocol. 
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 
protoc.art.2 
protoc.art.3 
protoc.art.4 
TOTAL 1997 
406.250 
418.000 
110.000 
914 750 1997 
406.250 
406 250 1998 
406.250 
406.250 CD irrent ECUs 
TOTAL J 
1.218.750 1 
418.000 1 
110.000 1 
1 746 750 | 
AU 
7.3 Schedule for proposed new operation 
current ECUs 
1997 
Commitment 934.250 
appropriations | 1997 
406.250 1998 
406.250 TOTAL 
1.746.750 
Payment appropriations 
1997 
1997 
1998 
TOTAL 934.250 
934.250 406.250 
406.250 406.250 
406.250 934.250 
406.250 
406.250 
1.746.750 
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 1.75 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 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 offish to the Community. 
Obviously, in addition to those benefits, one must take account of the importance of our relations with Mauritius in 
the fisheries field and our overall political relations. 
10. ADMINISTRATIVE EXPENDITURE (part A of the budget): 
No incidence on administrative expenditure. 
A*5 



ISSN 0254-1475 
COM(97) 43 final 
DOCUMENTS 
EN 11 03 
Catalogue number : CB-CO-97-039-EN-C 
ISBN 92-78-15532-2 
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