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
Date: 1996-01-10
Institutions: European Commission
Subjects: Mauritania, Spain, agreement (EU), catch quota, fishing agreement, ship's flag

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: 

O J N o L 3 8 8,  31.12.1987, p.  1. 

Article  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 

Ccjny 

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. 

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. 

2. 

3. 

The total financial compensation  for  the  period  referred  to  in  Article  1 shall  be 
ECU  7 259  000. 

The  use  to  which  this  compensation  is  put  shall  be  the  sole  responsibility  of 
Mauritania. 

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) 
(b) 

at  least three  months  after  the  licence  was  issued; 
during  a given  period  of three  months by  reason  of  force  majeure. 

3. 

Licence  fee  and  period 

(a) 

(b) 

licences  shall  be  issued  for  periods  of  three,  six  or  8.5  months. 
Three-month  licences  shall  be  renewable; 

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) 

(b) 

(c) 

(d) 

(e) 

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. 

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. 

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. 

Community  shipowners  shall  be free  to  choose  the local  agents  for  their 
vessels  although they  must be of Mauritanian  nationality. 

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. 

2. 

3. 

TITLE  OF  OPERATION:  complement  to  the  financial  Protocol  EC/Mauritania 

BUDGET  HEADING  INVOLVED:  B7-800 

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. 

7. 

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. 
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 

1996 

1999 

TOTAL 

7.259.000 
ECUs 

7.259.000 
ECUs 

••3 

7.3  Schedule for proposed  new operation 

1995 

1996 

... 

1999 

TOTAL 

Commitment 
appropriations 

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 

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 
includes  catch  declarations  for 
calculated  on  a  guaranteed  basis.  To 
Community  vessels. 

the  Agreement 

that  end, 

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