Proposal for a COUNCIL REGULATION (EC) 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
Date: 1994-02-11
Institutions: European Commission
Subjects: Mauritius, agreement (EU), financial compensation of an agreement, fishing agreement, fishing regulations, protocol to an agreement

COMMISSION OF THE EUROPEAN COMMUNITIES 

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) 

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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 

m\  **:,  . s, * **v  *••*  < r  *X'  *4gi"» - **t9s *  »•• the  fezr.* af  mi exchf •>«•;.  -uf *s*"  -s 
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**•<.'  io<»  urio-.f  Ai'icW  43  or  tit.  Ti-niy, 

Having  rejnm!  t«? the  A ^ r ^ - r r*  ©T^-cr  the  Hum  .-.i 

HAS  DiLQDEi-  AS  rOLLOWS : 

Ankle  1 

^ u n t i us  (% 

Having  rcgar"  »..  >t  prcpo"-!  from  the  C •rr.rr'issior, 

Wheress  the Co-nsr«Ksif/  and  M__»i  i t i us 

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 

0  OJ  No  L  159,  10.6.1989,  p.  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 
fm.sncv-1  c->j-tributio.s 
fishing  opportunities  and 
prodded  for  by  thr  Agreement  between  th  Emoprzn 
Community  and 

the  Government  ofMoU^tlUS 
on  fi:hin.7  offKsUntiuS 

the 

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  B r a n d s, 

Foi  I be  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  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 

HAS ADOPTED THIS REGULATION 

Having  regard  to  the  Treaty  establishing  the  European 
in  particular  Article  228 

Community,  and 

(2)  and  (3)  f i r st  subparagraph,  in  conjuction  with 

Article  43 

Having  regard  to* the  proposal  from  the  Commission  ('), 

Having  regard 
Parliament (*), 

to 

the  opinion  of 

the  European 

Whereas, in accordance  with  the  Agreement  between  the 
Community  and  the  Government  of 
European 
°«  f«hing  off 
(*)»  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  ; 

Mauritius 

Mauritius 

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; 

96 

Whereas it is in the Community's  interest  to  approve  this 
Protocol, 

Article  I 

rov  96 

The  Protocol  defining,  for  the  period  -j  necçj^ep  1993,  to  30 
> i nc  fining  opportunities  and  the  tinancial 
contribution  provided  for  by  the  Agreement  between  the 
Community  and  the  Government  of 
European 

Mauritius 
>s  hereby  approved 

Mauritius 
Community. 

on 

f i s h i nS  o ff 

on  behalf  of 

the 

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><* 
the  Europe*-

published 
Communities by the General Secretariat of the Council. 

the  Officii!  Jommml  of 

in 

V 

P R O T O C OL 

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. 

°\ 

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. 

A 

£ 

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. 

& 

AIII ICAI KM  Mi» A  M WI 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 

\l 

£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 

5.2. METHOD OF CALCULATION : 

-  financial  contribution 
-  scientific programme : 
-  study grants : 

Financial compensation : 
Average annual cost : 

PERIOD OF 12 
MONTHS 

CURRENT 
FINANCIAL 
YEAR  (94) 

FOLLOWING 
FINANCIAL 
YEAR  (95) 

485.000 ECU 
(annual 

485.000 ECU 
(annual 

average) 

average) 

1994 

1995 

1996 

485.000 

485.000 
(annual  average) 
. L 
.... J 

485.000 

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 ? 

6.1. CAN THE PROJECT BE FINANCED BY TRANSFER  BETWEEN  CHAPTERS 

OF THE CURRENT BUDGET ? 

6.2.  IS A SUPPLEMENTARY  BUDGET NECESSARY ? 

6.3. WILL FUTURE BUDGET APPROPRIATIONS BE NECESSARY ? 

OBSERVATIONS 

YES 

YES/1 

I/NO 

Y E S /» 

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 
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