Proposal for a COUNCIL DECISION on the conclusion of an Agreement in the form of an exchange of letters concerning the provisional application of the Agreement on cooperation in the sea fisheries sector between the European Community and the Islamic Republic of Mauritania initialled in Brussels on 20 June 1996
Date: 1996-09-09
Institutions: European Commission
Subjects: Mauritania, cooperation agreement (EU), fishing agreement, fishing regulations, sea fishing

COMMISSION  OF THE  EUROPEAN  COMMUNITIES 

Brussels,  09.09.1996 
COM(96)  417 final 

96/0210  (AVC) 

Proposal  for  a 
COUNCIL  DECISION 

on  the  conclusion  of  an  Agreement  in the  form  of  an  exchange  of  letters  concerning  the 
provisional  application  of  the  Agreement  on  cooperation  in the  sea  fisheries  sector 
between  the  European  Community  and  the  Islamic  Republic  of  Mauritania 
initialled  in  Brussels  on  20  June  1996 

Proposal  for  a 
COUNCIL  REGULATION  ŒQ 
on  the  conclusion  of  an  Agreement  on  cooperation  in  the  sea fisheries  sector  between 
the European  Community  and  the  Islamic  Republic  of Mauritania  and  laying  down 
provisions  for  its  implementation 

(presented  by  the  Commission) 

EXPLANATORY  MEMORANDUM 

1.  Mauritania terminated the existing fisheries agreement in January  1996 although it remains 
in force  until  31 July  1996. In so doing, Mauritania  called on the Community  to  conclude 
a new  agreement  more  in  keeping  with  its  fisheries  sector  development  policy. 

2.  The negotiations between  the Community  and Mauritania culminated  on 20 June with  the 

initialling  of  a new  cooperation  agreement  on  sea  fishing. 

3.  The  new  agreement  saw  some  of  the  Community's  priority  objectives  achieved: 

- 

a period  of  validity  of  5 years  in  order  to  ensure  greater  stability  for  the  Community 
fleet's  fishing  activities; 

extended  fishing  opportunities  thereby  allowing  vessels  to  be  employed  in  increasing 
numbers. 

The  fishing  opportunities  create  new  fisheries  for  cephalopods  and  pelagic  species; 
taken  as a whole, they  reflect  closely  the wishes expressed by  Community  shipowners 
prior  to  the  negotiations  and  take  account  of  the  state  of  fish  stocks  in  Mauritanian 
waters  and  the  situation  of  Mauritania's  fisheries  sector; 

increased  cooperation  in  the  area  of  monitoring,  notably  through  a  more  effective 
system  for  communicating  information  on fishing  operations  and  tighter  organization 
of scientific  observation  on  board  vessels  and  in the ports of  either  Party.  In  addition, 
a  pilot  scheme  aimed  at  the  continuous  monitoring  of  vessels  by  satellite  is  to  be 
worked  out  in  the  course  of  the  implementation  of  the  Agreement. 

the  stepping-up  of  socio-economic  cooperation  for  the  mutually  advantageous,  joint 
development  of  the  Community  and  Mauritanian  fisheries  sectors. 

4.  The  allocation  of  fishing  opportunities  between  Member  States  takes  account  of  the 
traditional  criteria  of  relative  stability  for  existing  categories  of  fish  and,  where  new 
categories  are  concerned,  of: 

the  wishes  expressed  by  the  Member  States  for  the  negotiations  on  each  category  of 
fish  and  the  opportunities  actually  obtained  under  the  Agreement 
the  fleet's  fishing  capacity  in  the  various  categories  of fish 
the  economic  and  social  dependence  of  certain  regions  of  the  Community  on  fishing 
the  categories  of  fish  stipulated  in the  Agreement. 

5.  The level  of financial  compensation  to be borne by the Community  budget has been  fixed 
in  line  with  the  new  operating  condition?  in  particular  the  fishing  opportunities  and  the 
total  duration  of  the  Agreement. 

z 

6.  The  Commission  therefore  proposes that the  Council  adopt: 

by  decision,  the  draft  Agreement  in  the  form  of  an  exchange  of  letters  on  the 
provisional  application  of the new Agreement  pending its definitive  entry  into  force, 

-  by  regulation,  the new Agreement  itself  and the Protocol  and Annexes thereto. 

3> 

PROPOSAL 

FOR  A COUNCIL  DECISION 

on  the  conclusion  of  an  Agreement  in  the  form  of  an  exchange  of  letters  concerning  the 
provisional  application  of  the  Agreement  on  cooperation  in  the  sea  fisheries  sector  between 
the  European  Community  and  the  Islamic  Republic  of  Mauritania  initialled  in  Brussels  on 
20 June  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 Mauritania, which  entered  into  force  on  14 
June  1988, and  in  particular  Article  13 thereof,1 

Having  regard  to  Council  Regulation  (EEC)  No  3760/92  establishing  a  Community  system 
for  fisheries  and  aquaculture,  and  in  particular  Article  8(4)  thereof,2 

Having  regard  to  the  proposal  from  the  Commission, 

Whereas on  18 January  1996 the Islamic Republic of Mauritania terminated  the said  fisheries 
Agreement  and  called  on  the  Community,  pursuant  to the  second  subparagraph  of  Article  13 
thereof,  to  enter  into  negotiations  leading  to  the  conclusion  of  a new  Agreement; 

Whereas,  in  the  wake  of  the  negotiations,  the  Community  and  the  Islamic  Republic  of 
Mauritania  have  initialled  on  20  June  1996  a new  Agreement  on  relations  between  them  in 
the  sea  fisheries  sector  which  provides  fishing  opportunities  for  Community  fishermen  in 
waters  over  which  Mauritania  has  sovereignty  or jurisdiction; 

Whereas,  in  order  to  manage  them  efficiently,  the  fishing  opportunities  available  to  the 
Community  in  Mauritania's  fishing  zone  should  be  divided  between  the  Member  States  in 
accordance  with  Article  8 of  Council  Regulation  (EEC)  No  3760/92; 

Whereas  the  fishing  activities  covered  by  this  Decision  are  subject  to  the  controls provided 
for  in  Council  Regulation  (EEC)  No  2847/93  of  12 October  1993  establishing  a  control 
system  applicable  to  the  common  fisheries  policy;3 

Whereas, to  ensure  implementation  of this  Agreement,  it  is necessary  for  the Member  States 
to ensure that shipowners  comply  with their obligations  and provide the Commission  with  all 

i 

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

OJ  No  L  389,  21.12.1992. 

O J N o L 2 6 1,  20.10.1993,  p.l. 

i 

relevant  information; 

Whereas, to prevent any interruption  of Community  vessels' fishing  activities, the Parties have 
also  initialled  an  exchange  of  letters  providing  for  the  provisional  application  of  the 
Agreement  from  1 August  1996;  whereas,  therefore,  it  is  imperative  that  this  exchange  of 
letters  be  concluded  as  soon  as possible,  pending  conclusion  of  the  Agreement  on  the  basis 
of  Article  43  of  the  Treaty, 

HAS  DECIDED: 

Article 1 

The Agreement  in  the form  of  an  exchange of letters between  the European  Community  and 
the Islamic  Republic  of  Mauritania  concerning  the provisional  application  of  the  Agreement 
on cooperation  in the sea fisheries  sector, hereinafter  referred  to as "the Agreement", is hereby 
approved  on  behalf  of  the  Community. 

The  text  of  the  Agreement  is  attached  to  this  Decision. 

Article  2 

The  fishing  opportunities  arising  from  the provisional  application  of  the  Agreement  shall  be 
divided  according  to  the  table  in  Annex  I. 

Where,  in  a fishing  category,  a Member  State  draws  up  licence  applications  for  less  than  its 
allocated  tonnage, the  Commission  shall  offer  shipowners  from  the  other  Member  States the 
opportunity  to  submit  applications. 

1.  The  Member  States  shall: 

Article 3 

(a)  check  that the  data given  on the licence  application  forms  provided  for  in  Appendix  I 
to Annex I to the Agreement match those in the Community  register of fishing  vessels 
established  by  Commission  Regulation  (EC) No  109/94  concerning  the  fishing  vessel 
register  of  the  Community,4  as  amended  by  Regulation  (EC)  No  493/96,5  and  report 
to  the  Commission  any  changes  in  those  data  at the  time  of  subsequent  applications. 

They  shall  likewise  verify  the  accuracy  of  the  other  data  necessary  for  the 
drawing-up  of  licences; 

(b) 

submit  licence applications to the Commission  in accordance with  Article  3(1) 

4 

OJ  N oL  19, 22.01.1994,  p.5. 

O J N o L 7 2,  21.03.1996,  p. 12. 

J~ 

of  Council  Regulation  (EC)  No  3317/94,6  no  later  than  two  working  days 
before  the  deadline  laid  down  in  point  2.1  of  Chapter  II  of  Annex  I  to  the 
Agreement; 

(c)  provide  the  Commission  each  month  with  a list  of  vessels  whose  licences  have  been 
suspended  with, by port, the date on which  a licence was handed  over  and the date on 
which  it  was  restored; 

(d) 

transmit  to  the  Commission  the  summaries  of  the  inspection  reports  referred 
to in point 2 of Chapter  IV of Annex  II to the Agreement. The summaries shall 
describe  the  inspections  carried  out,  the  results  obtained  and  the  action  taken; 

(e)  transmit  to  the  Commission  each  month  a  copy  of  the  scientific  observers'  reports 

provided  for  in  point  14 of  Chapter  V  of  Annex  II  to  the  Agreement.; 

notify  the  Commission  immediately  of  any  infringements  revealed  by  the 
information  contained  in  these  reports  and  the  action  taken; 

enter  the  scientific  data  contained  in  these  reports  in  an  electronic  database 
The  Commission  shall  have  access  to  these  databases; 

transmit  to  the  Commission  and  at  the  same  time  to  Mauritania's  competent 
authorities  a copy  of the notice of the inspection  missions  planned  under  point 
4 of Chapter  VI of Annex  II to the Agreement and, where relevant, notify  them 
that  an  observer  will  be  taking  part; 

transmit  to  the  Commission  a  copy  of  the  reports  of  the  observers  appointed 
by their  supervisory  authorities pursuant  to point  3 of  Chapter  VI of  Annex  II 
to  the  Agreement; 

the  provisions  needed 

adopt 
initiate 
administrative  proceedings,  as  provided  for  in  point  15  of  Chapter  V  of 
Annex  II  to  the  Agreement. 

take  appropriate  action  and 

to 

(f) 

(g) 

Article 4 

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 

OJ  No  L  350,  31.12.1994,  p. 13. 

6" 

ANNEX  I 

Provisional  allocation of fishing opportunities  between Member States 

Fishing  categories 

Member 
State 

Tonnage/Permitted  n u m b er  of  vessels 

other 

Crustaceans 
than  crawfish 
(GRT) 
Black  hake (GRT) 

Demersal  species 
other  than  black 
hake - trawl  net 
(GRT) 
Demersal  species 
other  than  black 
hake - other  gear 
(GRT) 

Cephalopods 
(vessels) 

Crawfish  (GRT) 

Pelagic  species 
(vessels) 
Tuna  seiners 
(vessels) 
Pole-and-line tuna 
vessels  and  surface 
longliners  (vessels) 

1.8.96 
31.7.97 

1.8.97 
31.7.98 

1.8.98 
31.7.99 

1.8.99 
31.7.00 

1.8.00 
31.7.01 

Spain 
Italy 
Portugal 
Spain 
Spain 

4000 
1 000 
500 

8 500 

5 500 

4000 
1 000 
500 

8 500 

5 500 

4 000 
1 000 
500 

8 500 

5 500 

4000 
1 000 
500 

8 500 

5 500 

4000 
1 000 
500 

8 500 
5 500 

Spain 
Portugal 
France 

1 200 
2000 
1 000 

1 200 
2000 
1 000 

1 200 
2 000 
1 000 

1 200 
2 000 
1 000 

1 200 
2 000 
1 000 

Spain 
Italy 
other 
Portugal 

Spain 
France 
Spain 
Portugal 
France 

21 
2 
2 

300 
22 

22 
18 
7 
3 
7 

35 
3 
2 

300 
22-

22 
18 
7 
3 
7 

39 
4 
2 

300 
22 

22 
18 
7 
3 
7 

43 
5 
2 

300 
22 

22 
18 
7 
3 
7 

43 
5 
2 

300 
22 

22 
18 
7 
3 
7 

} 

AGREEMENT 

in  the  form  of  an  exchange  of  letters  concerning  the  provisional  application  of  the  agreement  on  cooperation 
in  the  sea  fisheries  sector  between  the  European  Community  and  the  Islamic  Republic  of  Mauritania 
initialled  in  Brussels  on  20  June  1996 

A.  Letter from  the European Community 

Sir, 

With  reference  to  the Agreement  on cooperation  in the  sea  fisheries  sector  between  the  European  Community 
and the Islamic Republic  of Mauritania, initialled in Brussels on 20 June  1996,1 have the honour  to inform  you 
that  the  European  Community  is  ready  to  apply  this  Agreement  on  a  provisional  basis  from  1 August  1996, 
pending  the entry  into  force  of the  Agreement, provided  that the Islamic Republic  of Mauritania  is disposed to 
do  likewise. 

This is on the  understanding that, in that  case, in accordance  with Article  3 of the Protocol, the  first  instalment 
of the  financial  compensation  specified  in Article  2 of the Protocol  shall  be paid  by  30 November  1996 at the 
latest.  However,  the  Community  shall  do  its utmost  to  act  sooner. 

I should be obliged  if you would acknowledge receipt of this letter on such provisional  application  and  confirm 
your  agreement  with  its  contents. 

Please  accept,  Sir,  the  assurance  of  my  highest  consideration. 

On  behalf  of  the  Council 
of  the  European  Union 

B.  Letter from  the Government  of the Islamic Republic  of Mauritania 

Sirs, 

I  am  in  receipt  of  your  letter  of  today's  date  which  reads  as  follows: 

"Sir, 

With  reference  to  the  Agreement  on  cooperation  in the  sea fisheries  sector between  the European  Community 
and the Islamic Republic  of Mauritania, initialled in Brussels on 20 June  1996,1 have the honour  to inform  you 
that  the  European  Community  is  ready  to  apply  this  Agreement  on  a  provisional  basis  from  1 August  1996, 
pending  the entry  into  force  of the  Agreement, provided  that the Islamic Republic  of Mauritania  is disposed to 
do  likewise. 

This is on the understanding  that, in that case, in accordance  with Article  3 of the Protocol, the first  instalment 
of the  financial  compensation  specified  in Article  2 of  the Protocol  shall  be paid by  30 November  1996  at the 
latest.  However,  the  Community  shall  do  its utmost  to  act  sooner. 

I should be obliged  if you would  acknowledge receipt of this letter on such provisional  application  and  confirm 
your  agreement  with  its  contents." 

I have  the  honour  to  confirm  that  the  contents  of your  letter  are  acceptable  to the  Government  of  the  Islamic 
Republic  of  Mauritania, and  that  your  letter  and  this  one  constitute  an  Agreement  in  accordance  with  your 
proposal. 

Please  accept,  Sirs, the  assurance  of  my  highest  consideration. 

For  the  Government  of 
the  Islamic  Republic  of  Mauritania 

% 

Proposal  for a 

COUNCIL REGULATION  (EC) 

'  **  ** ****  \  If  " l-J 

on  the  conclusion  of  an  Agreement  on  cooperation  in  the  sea  fisheries  sector  between  the 
European  Community  and  the  Islamic  Republic  of  Mauritania  and  laying  down  provisions  for  its 
implementation 

THE  COUNCIL  OF  THE  EUROPEAN  UNION, 

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular  Article  43  and 
228(3),  alinéa  2  thereof, 

Having  regard  to  the  proposal  from  the  Commission, 

Having  regard  to  the'assent  of  the  European  Parliament,1 

Whereas  the  Community  and  the  Islamic  Republic  of  Mauritania  initialled  on  20  June  1996  an 
Agreement  on  cooperation 
in  the  sea  fisheries  sector  which  provides  fishing  opportunities  for 
Community  fishermen  in  waters  over  which  Mauritania  has  sovereignty  or  jurisdiction; 

Whereas  it  is  in  the  Community's  interest  to  approve  this  Agreement; 

Whereas,  in  order  to  manage  them  efficiently,  the  fishing  opportunities  available  to  the  Community 
in  Mauritania's  fishing  zone  should  be  divided  between  the  Member  States; 

Whereas  the  fishing  activities  covered  by  this  Regulation  are  subject  to  the  controls  provided  for  in 
Council  Regulation  (EEC)  No  2847/93  of  12  October  1993  establishing  a  control  system  applicable 
to  the  common  fisheries  policy;2 

Whereas,  to  ensure  implementation  of  this  Agreement,  it  is necessary  for  the  Member  States  to  ensure 
the  Commission  with  all  relevant 
that  shipowners  comply  with 
information; 

their  obligations  and  provide 

Whereas  in  accordance  with  Council  Regulation  (EC)  No  3317/94  laying  down  general  provisions 
concerning  the  authorization  of  fishing  in  the  waters  of  a  third  country  under  a  fisheries  agreement3 
and  with  the  arrangements  agreed  in  the  Agreement  on  cooperation  in  the  sea  fisheries  sector  between 
the  European  Community  and  the  Islamic  Republic  of  Mauritania,  the  flag  Member  State  and  the 
Commission  have  to  ensure  that  applications  for  fishing  licences  comply  with  those  arrangements  and 
the  Community  rules  applicable; 

1 

2 

3 

OJ  No  ... 

OJ  No  L 261, 20.10.1993,  p.l. 

OJ  No  L 350,  21.12.1994,  p. 13. 

5> 

HAS  ADOPTED  THIS  REGULATION: 

Article 1 

The Agreement  on  cooperation  in the  sea fisheries  sector  between  the  European  Community  and  the 
Islamic  Republic  of  Mauritania,  hereinafter  referred  to  as  'the  Agreement',  is  hereby  approved  on 
behalf  of the  Community. 

The  text  of  the Agreement  is  attached  to this  Regulation. 

Article 2 

The fishing  opportunities granted to the Community shall be divided according to the table in Annex  I. 

Where, in a fishing  category, a Member  State draws up  licence applications  for  less than  its  allocated 
tonnage,  the  Commission  shall  offer  shipowners  from  the  other  Member  States  the  opportunity  to 
submit  applications. 

1.  The  Member  States  shall: 

Article  3 

(a) 

(b) 

(c) 

(d) 

check  that  the data given  on  the  licence  application  forms  provided  for  in  Appendix  I to 
Annex  I  to  the  Agreement  match  those  in  the  Community  register  of  fishing  vessels 
established  by  Commission  Regulation  (EC)  No  109/94  concerning  the  fishing  vessel 
register of the Community,4  as amended  by Regulation  (EC) No 493/96,5 and report to the 
Commission  any  changes  in  those  data  at the  time  of  subsequent  applications. 

They  shall  likewise verify  the accuracy  of the  other data necessary  for  the drawing-up  of 
licences; 

submit  licence applications to the Commission  in accordance with Article  3(1) of Council 
Regulation  (EC)  No  3317/94,  no  later  than  two  working  days  before  the  deadline  laid 
down  in  point  2.1  of  Chapter  II of  Annex  I to  the  Agreement; 

provide  the  Commission  each  month  with  a  list  of  vessels  whose  licences  have  been 
suspended  with,  by  port,  the  date  on  which  a licence  was  handed  over  and  the  date  on 
which  it was  restored; 

transmit  to  the  Commission  the  summaries  of  the  inspection  reports  referred  to  in  point 
2  of  Chapter  IV  of  Annex  II  to  the  Agreement.  The  summaries  shall  describe  the 
inspections  carried  out,  the results  obtained  and  the  action  taken; 

4 

5 

OJNoL  19, 22.01.1994, p.5. 

OJNoL72,  21.03.1996,  p. 12. 

AO 

(e) 

transmit  to  the  Commission  each  month  a  copy  of  the  scientific  observers'  reports 
provided  for  in  point  14 of  Chapter  V  of  Annex  II  to  the  Agreement; 

notify  the  Commission  immediately  of  any  infringements  revealed  by  the  information 
contained  in  these reports  and  the  action  taken; 

enter  the  scientific  data  contained  in  these  reports  in  an  electronic  database.  The 
Commission  shall  have  access  to these  databases; 

(f) 

transmit  to the Commission  and  at the  same time to Mauritania's  competent  authorities a 
copy  of  the  notice  of  the  inspection  missions  planned  under  point  4  of  Chapter  VI  of 
Annex  II  to  the  Agreement  and,  where  relevant,  notify  them  that  an  observer  will  be 
taking  part; 

transmit  to  the  Commission  a  copy  of  the  reports  of  the  observers  appointed  by  their 
supervisory  authorities  pursuant  to  point  3 of  Chapter  VI  of Annex  II to .the  Agreement; 

(g) 

adopt  the  provisions  needed  to  take  appropriate  action  and  initiate  administrative 
proceedings,  as provided  for  in  point  15 of  Chapter  V of  Annex  II  to  the  Agreement. 

The President  of  the Council  shall  give the notification  provided  for  in Article  16 of the  Agreement.6 

Article  4 

Article  5 

This  Regulation  shall  enter  into  force  on  the  seventh  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 

6  The  date of  entry  into  force  of  the  Agreement will  be published  in  the  Official  Journal  of  the 

European  Communities by the General  Secretariat of the Council. 

11 

AHocation  of fishing opportunities  between  Member  States 

ANNEX  I 

Fishing  categories 

Member 
State 

Tonnage/Permitted  number  of  vessels 

other 

Crustaceans 
than  crawfish 
(GRT) 
Black hake (GRT) 
Demersal  species 
other than black 
hake - trawl net 
(GRT) 
Demersal  species 
other than black 
hake - other gear 
(GRT) 
Cephalopods 
(vessels) 

Crawfish (GRT) 
Pelagic species 
(vessels) 
Tuna seiners 
(vessels) 
Pole-and-line tuna 
vessels and surface 
longliners  (vessels) 

1.8.96 
31.7.97 
4000 
1000 
500 
8 500 
5 500 

1.8.97 
31.7.98 
4000 
1  000 
500 
8 500 
5 500 

1.8.98 
31.7.99 
4 000' 
1  000 
500 
8 500 
5 500 

1.8.99 
31.7.00 
4000 
1  000 
500 
8 500 
5 500 

1.8.00 
31.7.01 
4000 
1 000 
500 
8 500 
5 500 

Spain 
Italy 
Portugal 
Spain 
Spain 

Spain 
Portugal 
France 

1  200 
2000 
1  000 

1  200 
2000 
1  000 

1 200 
2000 
1 000 

1 200 
2000 
1 000 

1 200 
2000 
1 000 

Spain 
Italy 
other 
Portugal 

Spain 
France 
Spain 
Portugal 
France 

21 
2 
2 
300 
22 

22 
18 
7 
3 
7 

35 
3 
2 
300 
22 

22 
18 
7 
3 
7 

39 
4 
2 
300 
22 

22 
18 
7 
3 
7 

43 
5 
2 
300 
22 

22 
18 
7 
3 
7 

43 
5 
2 
300 
22 

22 
18 
7 
3 
7 

12. 

AGREEMENT 
on cooperation in the sea fisheries sector 
between the European Community and the Islamic Republic  of Mauritania 

THE EUROPEAN  COMMUNITY, 

hereinafter  referred  to as the  "Community", 

and 

THE ISLAMIC REPUBLIC  OF MAURITANIA, 

hereinafter  referred  to as  "Mauritania", 

hereinafter  referred  to as the "Contracting Parties", 

CONSIDERING  the close and privileged  relations between  the Community and  Mauritania 
and  both  Parties'  desire  to  create  an  effective  partnership  in  the  framework  of  the Euro-
Mediterranean project and taking account of the spirit of cooperation resulting from the Lomé 
Convention; 

AWARE of the role played by the sea fisheries  sector and related industries in the economic 
and  social  development  of  Mauritania  and  various  regions  of  the  Community  and  taking 
account of both Parties'  determination to modernize and reorganize their fishing  fleets, each 
for  its part; 

RECALLING  that  the  Community  and  Mauritania  are  signatories  to  the  United  Nations 
Convention on the Law of the Sea and that, in accordance with that Convention,  Mauritania 
has established an exclusive economic zone extending 200 nautical miles from its shores within 
which it exercises its sovereign rights for the purpose of exploring, exploiting, conserving and 
managing the resources of the said zone; 

TAKING ACCOUNT of the code of conduct on responsible fishing  adopted by the Council 
of the Food and  Agriculture Organization; 

AWARE of the importance they attach to the conservation and rational exploitation of fishery 
resources and the protection  of the marine environment; 

DETERMINED to ensure, in their mutual interest, the conservation, rational management and 
sustainable development of  the fishery  resources of their coastal waters and to cooperate in 
the establishment of a system of controls covering all fishing activities so as to guarantee the 
effectiveness  of  the measures for  the development and conservation  of  such resources; 

13 

CONVINCED that the achievement of their respective economic and social objectives  in the 
fisheries  sector will be furthered  by close cooperation  in scientific  and technical  research in 
that sector on terms ensuring the conservation  and rational exploitation  of stocks; 

TAKING INTO ACCOUNT the fact that sea fishing activities constitute a complete economic 
cycle and anxious to establish stronger links by means of close and far-reaching  cooperation 
between  the  two  partners  embracing  all  aspects of  the cycle  with  a view  to promoting  its 
growth  together; 

TAKING  ACCOUNT  of  the  objectives  and  guidelines  contained  in  Mauritania's  fisheries 
sector development policy; 

DESIROUS of developing the various aspects of their cooperation on sea fishing activities and 
related  industries on mutually advantageous terms; 

DESIROUS  of  determining  the procedures  for  cooperation  in  the  sea  fisheries  sector  and 
related  industries, 

HAVE AGREED AS FOLLOWS: 

Article 1 

Purpose and definitions 

1. 

This  Agreement  establishes  the  principles,  rules  and  procedures  for  cooperation 
between the Community and Mauritania in the conservation and development of fishery 
resources and in the creation of added value directly or by processing and sets out the 
conditions for the fishing activities of vessels flying the flag of a Member State of the 
Community  in  the  waters  over  which  the  Islamic  Republic  of  Mauritania  has 
sovereignty  or jurisdiction. 

2. 

For  the purposes of this Agreement,  the Annexes and Protocol  thereto, 

(a) 

(b) 

"Mauritania's  fishing  zone"  means  the  waters  over  which  the  Islamic  Republic  of 
Mauritania  has sovereignty  or jurisdiction; 

"Community  vessels"  means  fishing  vessels  flying  the  flag  of  a  Member  State and 
registered  in the Community which operate in the framework  of  this Agreement; 

(c) 

"the Ministry"  means Mauritania's Ministry of Fisheries and the Marine Economy; 

(d) 

"Surveillance authority" means the delegation responsible for fisheries surveillance and 
protection  in Mauritania; 

(e) 

"Mauritanian  law"  means Mauritanian  rules and regulations; 

(f) 

"Commission"  means the Commission  of the European  Communities; 

(g) 

"the  Delegation"  means  the  Delegation  of  the  Commission  of  the  European 
Communities to Mauritania. 

Article 2 

Areas of cooperation 

1. 

2. 

3. 

The Contracting Parties shall cooperate, either bilaterally or within the framework  of 
the  competent  international  organizations,  or,  where  appropriate,  on  a  regional  or 
subregional  basis, with z view to ensuring the conservation  and rational  exploitation 
of  fishery  stocks  in  accordance  with  the  relevant  provisions  of  the  United  Nations 
Convention  on the Law of the Sea. 

The Contracting Parties shall step up scientific and technical cooperation between their 
institutions  specializing  in the fisheries  sector. 

The  Contracting  Parties  shall  promote  economic,  commercial  and  industrial 
cooperation in the fisheries  sector. To this effect  they shall facilitate the exchange and 
dissemination  of information  on fishing  techniques and gear, on the conservation and 
industrial  processing  of fishery products  and  on  methods  for  the  protection  of  the 
marine environment. 

4.  With a view to ensuring the sustainable development of the sea fisheries  sector and in 
accordance with the provisions of Article 7 of this Agreement,  the Community  shall 
provide  Mauritania  with  a  financial  contribution  to  build  up  health  inspection  and 
scientific  research in its fisheries sector and implement the policy for the development 
of its fisheries. 

\s 

Article 3 

Development activities 

The Contracting Parties shall undertake operations conducive to the sustainable development 
of  Mauritania's  fisheries  sector  and  designed  to  strengthen  the  common  interests  of  their 
respective operators,  notably by: 

the modernization  of the inshore fishing  fleet  and of fisheries-related industries, 

the development of  small-scale  fishing, 

the  development  of  port  infrastructure  and  the  improvement  of  conditions  for  the 
reception  of  fishing  fleets  in Mauritanian ports, 

undertaking  aquaculture projects, 

protection  of the marine environment  , 

commissioning  specific  studies, 

developing research into new fishing methods conducive to the rational exploitation of 
fish stocks; 

the improvement and development of distribution  networks for fishery products. 

improving  assistance and rescue services at sea, 

monitoring  the exploitation  of fishery resources 

stepping  up surveillance at sea, 

improving  administrative procedures  for  managing this Agreement, 

encouraging  the establishment  and  development  of  associations  of  undertakings and 
joint ventures in the fisheries  and aquaculture sectors and related  industries. 

Such  programmes  and  operations  may  be  eligible  for  a  financial  contribution  from  the 
Community. 

AG> 

Article 4 

Training for seamen 

The Community  shall pay particular attention to Mauritania's needs in the matter of training 
for  seamen by developing and  strengthening  its human resources and the infrastructure  and 
facilities  of  its  maritime  training  establishments.  To  those  ends  it  shall  make  a  financial 
contribution  to Mauritania in accordance with Article 7 of this Agreement. 

Article 5 

Fishing opportunities 

The fishing opportunities  accorded  by  Mauritania  to  Community  vessels  in  Mauritania's 
fishing  zone and  the financial  compensation  referred  to in  Article 7  shall  be  set out  in  the 
Protocol  to this Agreement. 

Article 6 

General conditions for  the exercise of fishing activities 

The exercise of fishing activities by Community vessels shall be subject to the holding 
of  a  licence  issued  by  the  competent  Mauritanian  authorities  at  the  request  of  the 
competent Community authorities. On the issue of a licence, fees and contributions to 
observers'  expenses shall be incurred,  payable by the shipowner. 

The  Community  shall  make available  to  Mauritania  all  relevant  information  on  the 
activities of those of its vessels authorized to fish in Mauritania's fishing zone, notably 
information  on the quantities landed  as set out in the Annexes hereto. 

The procedures for the issue of licences and for the payment of fees and contributions 
to scientific  observers'  expenses, and any other conditions to which fishing  activities 
by Community vessels in Mauritania's fishing  zone may be subject,  are set out in the 
Annexes. 

The Contracting Parties shall ensure the proper implementation of these procedures and 
conditions  by  appropriate  administrative  cooperation  between  their  competent 
authorities. 

Article 7 

Compensation and financial contribution 

The Community shall accord Mauritania, in return for the fishing opportunities referred  to in 
Article 5 of this Agreement: 

financial  compensation,  and 

the financial contributions  referred  to in Articles 2,  3 and 4. 

The above financial compensation and financial contributions are set out in the Protocol to this 
Agreement. 

Article 8 

Compliance  with the conditions for  the exercise of fishing activities 

1 

2. 

3. 

4. 

5. 

The Community undertakes to take all steps necessary to ensure that its vessels comply 
with  the provisions  of  this  Agreement  and  Mauritanian  law  in  accordance  with the" 
United  Nations Convention  on the Law of the Sea. 

The Mauritanian authorities shall notify  the Delegation  in good time of any new rules 
and  regulations  relating  to fishing.  Community  vessels  shall  have one  month  within 
which  to comply with any such new rules and regulations. 

Measures  taken  by  Mauritania  to  regulate  fishing  shall  not  discriminate  against 
Community vessels in relation to vessels of third countries, nor be such as to impede 
the  full  exercise  of  any  fishing  rights  accorded  to  the  Community  pursuant  to  this 
Agreement. 

Measures involving the partial cessation of fishing activities or the biological recovery 
of particular species shall be applied to all fleets landing those species as their principal 
catch. 

Should  Mauritania decide as a result of changes in the state of its resources to adopt 
conservation measures other than those referred  to in Article 4 above which affect  the 
activities  of  Community  vessels,  consultations  shall  be  arranged  between  the 
Contracting  Parties  with  a  view  to  adapting  the  Protocol  and  Annexes  to  this 
Agreement. 

The  aim  of  such  consultations  shall  be  to  evaluate  the  scientific  grounds  for  the 
measures and, where appropriate, to adapt the Community's financial  contribution in 
line with any adaptation  to the fishing  opportunities  laid down in the Protocol. 

^ 

Article 9 

Administrative cooperation 

The  Contracting  Parties,  desirous  of  ensuring  the  effectiveness  of  the  measures  for  the 
development and conservation  of  fishery  resources: 

shall  develop  administrative  cooperation  to  ensure  that  their  vessels  respect  the 
provisions of this Agreement and Mauritanian  law on sea fishing,  each for  its part; 

shall  cooperate  to  prevent  and  combat  illegal  fishing,  in  particular  through  the 
exchange of  information  and close administrative cooperation  . 

The practical arrangements for  the implementation of administrative cooperation  are set out 
in the Annexes hereto. 

The application of the practical arrangements for administrative cooperation shall be examined 
by both Parties within  the Joint Committee provided  for  in Article  10 of this  Agreement. 

Article 10 

Joint  Committee 

A Joint Committee shall be set up to ensure that this Agreement is applied correctly. The Joint 
Committee  shall,  inter alia: 

supervise the implementation, interpretation and proper working of the Agreement, and 
the settlement of disputes; 

constitute the necessary point of contact in matters of common interest regarding the 
fisheries sector; 

evaluate the results of the cooperation between the Contracting Parties with regard to 
supervision  as set out in  the Annexes hereto; 

examine  the  conduct  of  landings  and  transhipments  by  Community  vessels  in 
Mauritanian ports; 

examine the application of arrangements for cooperation to combat illegal fishing and 
for administrative cooperation to ensure respect for Mauritanian law and the provisions 
of this Agreement. 

The Committee shallmeet  once a year,  alternately  in Mauritania and the Community,  or in 
extraordinary  session at the request of either of the Contracting Parties. 

19 

Article 11 

Dispute settlement 

The Contracting Parties shall consult each other on any dispute concerning the interpretation 
or application  of this Agreement. 

Article 12 

Annexes and Protocol 

The Protocol and the fishing datasheets included therein and the Annexes and their Appendices 
shall form  an integral part of this Agreement. 

Article 13 

Law of the Sea 

Nothing  contained  in  this  Agreement  shall  affect  or  prejudice  in  any  manner  the views of 
either  Contracting  Party  with respect to any question  relating to the Law of the Sea. 

.2T> 

Article 14 

Area of application 

This Agreement shall apply, on the one hand, to the Islamic Republic of Mauritania and, on 
the other hand,  to the territories in which the Treaty establishing  the European  Community 
is applied and under the conditions laid down in that Treaty. 

Article 15 

Duration and validity 

1. 

2. 

3. 

4. 

This Agreement  shall be valid  for five years commencing on  1 August  1996. 

Should the Agreement not be terminated by either Party through notice of termination 
given six months before the expiry of that period of five years, it shall remain in force 
for  additional periods of five years, provided that notice of termination  has not been 
given at least  six months before  the expiry of each such five-year period. 

Should  the  Agreement  be  denounced,  the  Contracting  Parties  shall  enter  into 
negotiations. 

Before the expiry of the Protocol, negotiations shall take place between the Contracting 
Parties to determine by mutual agreement the amendments or additions to be made to 
the Annexes or the Protocol. 

Article 16 

Final provisions 

This  Agreement,  drawn  up  in  duplicate  in  the  Danish,  Dutch,  English,  Finnish,  French, 
German,  Greek,  Italian,  Portuguese,  Spanish,  Swedish and Arabic languages, each, of these 
texts  being  equally  authentic,  shall  enter  into  force  on  the date  on  which  the  Contracting 
Parties notify  each other  of the completion  of the procedures necessary  for  that purpose. 

ZA 

PROTOCOL 

SETTING  OUT FISHING OPPORTUNITIES AND THE FINANCIAL 
COMPENSATION AND FINANCIAL  CONTRIBUTIONS  FOR THE PERIOD 

1 AUGUST 1996 TO 31 JULY 2001 

Article 1 

For a five-year period from  1 August 1996, the fishing opportunities provided for in Article 5 
of the Agreement  shall be as set out in the datasheets contained  in  this Protocol. 

Article 2 

1.  The total financial  compensation provided  for  in Article 7 of the Agreement  shall be set 
for  the  period  referred  to  in  Article  1 at  ECU  266.8  million,  payable  in  five  annual 
instalments as  follows: 

Year  1 -  ECU  55  160 000 
Year 2 -  ECU  54 360 000 
Year 3 -  ECU  53 560 000 
Year 4 -  ECU  52  160 000 
Year 5 -  ECU  51 560 000 

2.  Mauritania shall have sole responsibility for the allocation of the total amount of financial 

compensation. 

Article  3 

1.  The total financial compensation  shall be paid into an account held by the Central Bank 

of Mauritania or opened  with a financial  institution  designated  by Mauritania. 

2.  The annual payments provided  for  in Article 2(1) shall be made no later  than  1 August 
of  each  year.  The  payment  relating  to  the  first  year  shall  be  made  no  later  than 
30 November  1996. 

Article 4 

Where the state of fish stocks so allows, the fishing opportunities referred  to in Article  1  may 
be increased  at the Community's  request.  In that event the financial  compensation  referred 
to in Article 2 shall be adjusted  by common  agreement. 

Of  the  total  amount  of  financial  compensation  referred  to  in  Article  2,  Mauritania  shall 

Article 5 

2  z. 

allocate an amount of ECU  600 000 per year in the form  of a financial  contribution,  as laid 
down in Article 2 of the Agreement, to help build up health inspections and fisheries research 
and implement  the policy  for  the development of Mauritania's fish stocks. 

Article  6 

1.  Of the total amount of financial compensation referred  to in Article 2 above, Mauritania 
shall allocate an amount of ECU 250 000 per year in the form of a financial contribution, 
as  laid  down  in  Article  4  of  the  Agreement,  towards  sea-going  training  schemes  to 
develop  and  strengthen  human  resources,  infrastructure  and  facilities  in  sea  training 
institutes in  Mauritania. 

2.  Of the total amount of financial  compensation referred  to in Article 2 above, Mauritania 
shall  allocate  an  amount  of  ECU 200 000  per  year  to  the Ministry  to  cover  expenses 
relating  to seminars,  participation  in international  meetings and  training visits. 

Article 7 

Should  the  Commission  fail  to  make the annual  payments  referred  to  in  Article  2 above, 
Mauritania  reserves the right  to suspend  the application  of the Agreement. 

Article 8 

The Contracting Parties shall foster cooperation in the fisheries sector. They shall encourage 
the integration  of Community and Mauritanian private sector concerns through  associations 
of undertakings, joint ventures and other forms of partnership to exploit fisheries  resources 
and process and  market fishery products. 

Article  9 

Community shipowners shall own the authorized catches by their vessels in their entirety and 
be free to decide upon their sale. However, the Contracting Parties will encourage their own 
operators  concerned  to  establish  permanent  joint  consultation  in  order  to  prevent  any 
competition  liable to destabilize the market. 

Article 10 

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

The names and addresses  of  such agents must be forwarded  to the Ministry. 

Article  11 

This Protocol  shall enter  into force on the date on which it is signed. 

It shall apply with  effect  from  1 August  1996. 

^3 

FISHING  DATASHEET  No 1 

FISHING  CATEGORY:  FISHING  VESSELS  SPECIALIZING  IN 
CRUSTACEANS  OTHER  THAN  CRAWFISH 

1. Fishing  zone: 

1.1. 

north  of  latitude  19°21N:  nine  nautical  miles  from  the  baseline  of  Cap 
Blanc  -  Cap  Timiris; 

During  a period  laid  down  annually  by  decree  of  the  Minister  responsible 
for  sea  fishing,  fishing  is not  authorized  within  the  lines  between  the 
following  points: 

20°46N 
19°50N 
19°21N 

17°03W 
17°03W 
16°45W 

1.2. 

south  of  latitude  19°21N:  six  nautical  miles  from  the  low-water  mark; 

2. 

Authorized  gear: 

Bottom  shrimp  trawl 

Doubling  of  the  cod-end  is  prohibited. 

Doubling  of  the  twine  forming  the  cod-end  is  prohibited. 

Minimum  authorized  mesh  size:  50 mm 

Biological  recovery:  Two  (2)  months:  March  and  April 

The  Contracting  Parties  may  decide  by  common  agreement  to  adjust 
the  above  period  of  biological  recovery. 

By-catches:  -  20% fish  and  15% cephalopods 

Authorized  tonnage  / Fees 

3. 

4. 

5. 

6. 

Periods 

Authorized  tonnage  (GRT) 
Fees  in  EtU/GRT/annum 

1-08-1996 
to 
31-07-1997 
5  500 
290 

01-08-1997 
to 
31-07-1998 
5  500 
304 

01-08-1998 
to 
31-07-1999 
5  500 
320 

01-08-1999 
to 
31-07-2000 
5  500 
335 

01.08.2000 
to 
31.07.2001 
5  500 
352 

7. 

Comments: 

<H 

FISHING  DATASHEET  No  2 

FISHING  CATEGORY:  BLACK  HAKE TRAWLERS  (1)  AND  BOTTOM 
LONGLINERS 

1. 

Fishing  zone: 

1.1 

north  of  latitude  19°21N:  the line between  the  following  points: 

20°36N 
20°03N 
19°50N 
19°50N 
19°04N 

17°36W 
17°36W 
17°12,8W 
17°03W 
16°34W 

1.2. 

south  of  latitude  19°21N:  18 nautical  miles  from  the  low-water  mark 

2. 

Authorized  gear:  - bottom  longline 

-  bottom  trawl  for  hake 

Doubling  of  the cod-end  is  prohibited. 

Doubling  of  the twine  forming  the cod-end  is  prohibited. 

Minimum  authorized  mesh  size:  60  mm  for  the  trawl  net 

Biological  recovery:  Two  (2)  months:  September  and  October 

The  Contracting  Parties  may  decide  by  common  agreement  to  adjust 
the  above period  of  biological  recovery. 

By-catches:  35%  fish,  0%  cephalopods  and  0%  crustaceans 

Authorized  tonnage  /  Fees: 

5. 

6. 

Periods 

Authorized  tonnage  (GRT) 
Fees  in  ECU/GRT/annum 

1-08-1996 
to 
31-07-1997 
8  500 
149 

01-08-1997 
to 
31-07-1998 
8  500 
149 

01-08-1998 
to 
31-07-1999 
8  500 
149 

01-08-1999 
to 
31-07-2000 
8  500 
149 

01.08.2000 
to 
31.07.2001 
8  500 
149 

7. 

Comments: 

(1)  This  category  does  not  include  freezer  trawlers 

^ _^ 

FISHING DATASHEET No 3 

FISHING CATEGORY: VESSELS FISHING FOR DEMERSAL SPECIES 
OTHER THAN BLACK HAKE WITH GEAR OTHER THAN TRAWLS 

1. 

Fishing zone: 

1.1.  north  of latitude  19°21N: 3 nautical  miles from  the baseline of  Cap Blanc -

Cap Timiris; 
south of latitude  19°21N: 3 nautical  miles from  the low-water  mark. 

1.2. 

2. 

Authorized  gear:  (1) - longline 

-  fixed  gillnet 
-  handline 

The technical characteristics  of the nets used,  the length  of  netting 
and the minimum distances between  netting and  from  the coast are to 
be defined  by 31 December  1996 by common agreement  of the 
technical experts appointed  by the two Parties. 
Should  the technical experts fail  to reach agreement by 31 December 
1996, a meeting of the Joint  Committee will be called  in order  to 
reach  a definitive  solution  to the matter by 28 February  1997. 

Minimum  authorized  mesh  size:  120 mm for  the gillnet. 

Biological  recovery:  Two months: September  and October 

The Contracting  Parties  may decide by common agreement  to adjust 
the above period  of biological  recovery. 

By-catches:  0% cephalopods and 0% crustaceans. 

Authorized  tonnage / Fees: 

3. 

4. 

5. 

6. 

Periods 

Authorized  tonnage (GRT) 
Fees in ECU/GRT/annum 
<  100 GRT 
Fees in  ECU/GRT/annum 
>  100 GRT 

1-Ô&-1996 
to 
31-07-1997 
4 200 
140 

01-08-1997 
to 
31-07-1998 
4 200 
147 

Ô1-Ô8-1998 
to 
31-07-1999 
4 200 
154 

01-08-1999 
to 
31-07-2000 . 
4  2ÔÔ 
162 

01.08.2000 
to 
31.07.2001 
4  2ÔÔ 
170 

210 

111 

232 

243 

255 

7. 

Comments: (1) 

Notification  of the type of  fishing  gear  to be used 
should be made when applying  for  the quarterly 
licence. 

Z  <o 

FISHING  DATASHEET  No  4 

FISHING  CATEGORY:  TRAWLERS  FISHING  FOR  DEMERSAL  SPECIES 
OTHER  THAN  BLACK  HAKE 

1. 

1.1 

Fishing  zone: 

north  of  latitude  19°21N:  the line between  the  following  points: 

20°36N 
20°03N 
19°50N 
19°50N 
19°04N 

17°36W 
17°36W 
17°12,8W 
17°03W 
16°34W 

1.2. 

south  of  latitude  19°21N:  18 nautical  miles  from  the low-water  mark 

2. 

Authorized  gear:  trawl  net 

Doubling  of  the cod-end  is  prohibited. 

Doubling  of  the  twine  forming  the cod-end  is  prohibited. 

Minimum  authorized  mesh  size:  70 mm 

Biological  recovery:  Two  (2)  months:  September  and  October 

The  Contracting  Parties  may  decide by  common  agreement  to  adjust 
the above period  of  biological  recovery. 

By-catches:  10%  of  which  a  maximum  of  5%  shrimp  and  5%  cephalopods 

Authorized  tonnage  /  Fees: 

3. 

4. 

5. 

6. 

Periods 

Authorized  tonnage  (GRT) 
Fees  in  ECU/GRT/annum 

1-08-1996 
to 
31-07-1997 
5  500 
164 

01-08-1997 
to 
31-07-1998 
5  500 
172 

01-08-1998 
to 
31-07-1999 
5  500 
181 

01-08-1999 
to 
31-07-2000 
5  500 
190 

01-08-2000 
to 
31-07-2001 
5  500 
.  •  199 

Comments: 

7.1 

1  500  GRT  in  this  category  are  reserved  for  3  freezer 
trawlers  which  are no  longer  allowed  to  fish  in  the 
"black  hake"  category,  now  reserved  for  wet  trawlers. 

7.2. 

Black  hake  may  be  kept  on  board  but  must  not 
constitute  the  majority  of  species  in  catches  kept  on 
board  at  any  one  time. 

z^ 

FISHING  DATASHEET  No  5 

FISHING  CATEGORY:  CEPHALOPODS 

1. 

Fishing  zone:  Same  as  laid  down  by  the Mauritanian  law  applying  to  its 

national  vessels. 

During  a period  laid  down  annually  by  decree  of  the  Minister 
responsible  for  sea  fishing,  fishing  is not  authorized  within  the  lines 
between  the  following  points: 

20°46N 
19°50N 
19°21N 

17°03W 
17°03W 
16°45W 

2. 

Authorized  gear: 

bottom  trawl 

Doubling  of  the. cod-end  is  prohibited. 
Doubling  of  the  twine  forming  the  cod-end  is  prohibited. 

3. 

4. 

Minimum  authorized  mesh  size:  70 mm 

Biological  recovery:  Two  (2)  months:  September  and  October 

The  Contracting  Parties  may  decide  by  common  agreement  to  adjust 
the  above  period  of  biological  recovery. 

Bv-catches: 

/-

Authorized  tonnage  / Fees: 

Periods 

Authorized  tonnage  (GRT) 
(1) 
Number  of  vessels 
authorized  to  fish 
Fees  in  ECU/GRT/annum 

1-08-1996 
to 
31-07-1997 
7  500 

01-08-1997 
to 
31-07-1998 
12  000 

01-08-1998 
to 
31-07-1999 
13  500 

01-08-1999 
to 
31-07-2000 
15  000 

01-08-2000 
to 
31-07-2001 
15  000 

25 

40 

45 

50 

50 

365 

384 

403 

423 

444 

7. 

Comments: 

(1) 

The  authorized  tonnage  (GRT)  may  vary  by  a 
maximum  of  3% during  the  first  and  second  years  and 
by  a maximum  of  2% during  the  last  three  years 

z  <? 

FISHING  DATASHEET  No 6 

FISHING  CATEGORY:  CRAWFISH 

1. 

Fishing  zone: 

1.1. 

north  of  latitude  19°21N:  20  nautical  miles  from  the  baseline  Cap  Blanc  -
Cap  Timiris 

1.2. 

south  of  latitude  19°21N:  15 nautical  miles  from  the  low-water  mark 

2. 

3. 

4. 

5. 

6. 

Authorized  gear:  pots 

Minimum  authorized  mesh  size: 

-/-

Biological  recovery:  Two  (2)  months:  September  and  October 

The  Contracting  Parties  may  decide  by  common  agreement  to  adjust 
the  above  period  of  biological  recovery. 

Bv-catches: 

0% 

Authorized  tonnage  / Fees: 

Periods 

Authorized  tonnage  (GRT) 
Fees  in  ECU/GRT/annum 

1-08-1996 
to 
31-07-1997 
300 
254 

01-08-1997 
to 
31-07-1998 
300 
267 

01-08-1998 
to 
31-07-1999 
300 
280 

01-08-1999 
to 
31-07-2000 

01-08-2000 
to 
31-07-2001 

300 

294 

300 

309 

Comments: 

-/-

29 

FISHING DATASHEET No 7 

FISHING  CATEGORY: FREEZER TUNA SEINERS 

1. 

Fishing zone: 

1.1 

north  of latitude  19°21N:  30 nautical  miles from  the baseline of Cap 
Blanc - Cap Timiris; 

1.2. 

south  of latitude  19°21N:  30 nautical  miles from  the low-water  mark 

2. 

3. 

4. 

5. 

6. 

Authorized  gear:  - seine net 

Minimum  authorized  mesh  size:  recommended  ICCAT standard 

Biological  recovery:  -/-

By-catches: 

0% 

Number  of vessels / Fees: 

Periods 

Number  of  vessels 
authorized  to  fish 
Advance  in 
ECU/vessel 

1-08-1996 
to 
31-07-1997 

40 

01-08-1997 
to 
31-07-1998 

40 

01-08-1998 
to 
31-07-1999 

40 

01-08-1999 
to 
31-07-2000 

40 

01-08-2000 
to 
31-07-2001 
40 

1  000 

1 000 

1  000 

1  000 

1 000 

7. 

Comments: 

-/-

30 

FISHING  DATASHEET  No 8 

FISHING  CATEGORY:  POLE-AND-LINE  TUNA  VESSELS  AND  SURFACE 
LONGLINERS 

1. 

Fishing  zone: 

1.1 

north  of  latitude  19°21N:  15 nautical  miles  from  the  baseline  of  Cap 
Blanc  -  Cap  Timiris; 

1.2. 

south  of  latitude  19°21N:  12 nautical  miles  from  the  low-waier  mark 

2. 

3. 

4. 

5. 

6. 

Authorized  gear:  - pole-and-line  and  surface  longlines 

Minimum  authorized  mesh  size: 

-/-

Biological  recovery:  -/-

By-catches:  0% 

Number  of  vessels  / Fees: 

Periods 

Number  of  vessels  authorized 
to  fish 
Advance  in  ECU/vessel 

1-08-1996 
to 
31-07-1997 
17 

01-08-1997 
to 
31-07-1998 
17 

01-08-1998 
to 
31-07-1999 
17 

01-08-1999 
to 
31-07-2000 
17 

01-08-2000 
to 
31-07-2001 
17 

2  000 

2  000 

2  000 

0  000 

2  000 

7. 

Comments:  Live-bait  fishing 

7.1. 

Fishing  zone  authorized  for  live-bait  fishing: 

north  of  latitude  19°21N:  3 nautical  miles  from  the  baseline 
of  Cap  Blanc  - Cap  Timiris, 
south  of  latitude  19°21N:  3 nautical  miles  from  the  low-water 
mark 

7.2  Minimum  authorized  mesh  size  for  live-bait  fishing:  8 mm 

?i 

FISHING DATASHEET No 9 

FISHING CATEGORY: PELAGIC FREEZER  TRAWLERS 

1. 

Fishing zone: 

1.1. 

north  of latitude  19°21N: the line between  the following  points: 

20°46,3N 
20°10,7N 
19°50N 
19°43N 
19°21N 

17°03W 
17°24,2W 
17°12,8W 
16°58W 
16°45W 

1.2. 

south of latitude  19°21N:  12 nautical  miles from  the low-water  mark 

2. 

Authorized  gear: Pelagic trawl 

Doubling  of the cod-end  is prohibited 
Doubling  of the twine forming  the cod-end  is prohibited. 

3. 

4. 

5. 

6. 

Minimum  authorized  mesh  size:  40 mm 

Biological  recovery:  -/-

By-catches: 3% fish,  0%  cephalopods and 0%  crustaceans 

Authorized  tonnage /  Number of vessels / Fees: 

Periods 

1-08-1996 
to 
31-07-1997 

01-08-1997 
to 
31-07-1998 

01-08-1998 
to 
31-07-1999 

01-08-1999 
to 
31-07-2000 

01-08-2000 
to 
31-07-2001 

Number  of vessels 
authorized  to fish 
Fees in  ECU/GT/month 

22 

2 

22 

2 

22 

2 

22 

2 

22 

2 

Comments:  The vessels fall  into three categories: 

Category  1: gross tonnage of less than or  equal to 3000 GT; 
ceiling:  12 500 T/vessel/annum 
Category  2: gross tonnage of  more than  3000 GT but less 
than  or equal to 5000 GT; ceiling:  17 500 T/vessel/annum 
Category  3: gross tonnage of  more than 5000 GT but less 
than or equal to 8000 GT; ceiling: 22 500 T/vessel/annum 

iz. 

ANNEX I 

CONDITIONS FOR THE EXERCISE OF FISHING ACTIVITIES BY COMMUNITY 
VESSELS IN MA URITANIA 'S FISHING ZONE 

CHAPTER 1 

Documents required for licence applications 

1. 

On each vessel's first licence application, the Commission shall submit to the Ministry 
a licence application form duly completed in respect of each vessel for which a licence 
is requested in accordance with the model in Appendix 1 to this Annex. The particulars 
relating to the name of the vessel, its tonnage in GRT, external registration  number, 
radio call  sign, engine power,  overall length and home port,  shall be as contained in 
the register  of Community  fishing  vessels. 

2. 

On a first  licence application,  the shipowner  shall include with  the application: 

a  copy  certified  by  the  Member  State  of  the  tonnage  certificate  giving  the 
tonnage of the vessel expressed  in GRT; 

a recent,  certified  colour photograph  showing a side view of  the vessel in its 
current  state. The photograph  shall be at least  15 cm by  10 cm. 

3. 

Any  alteration  to  the  tonnage  of  a  vessel  shall  oblige  the  shipowner  concerned  to 
submit a copy  certified  by  the Member  State of the new tonnage certificate  and any 
supporting  documents  concerning  the  alteration  and,  in  particular,  the  copy  of  the 
application lodged by the shipowner with the competent authorities, the agreement of 
those authorities and the details of the changes made. 

Where the structure or external appearance of the vessel is changed, a new photograph 
must also be submitted. 

4. 

Applications  for  fishing  licences  shall be lodged  only in respect  of  those vessels  for 
which  the documents required  under points  1, 2 and  3 above have been  sent. 

CHAPTER  n 

Licences - application,  issue and  validity 

1. 

Eligibility  to fish 

1.1 

Each  vessel wishing to fish  under this Agreement  must be eligible for  fishing 
in Mauritania's  fishing  zone. 

3  3 

1.2 

For  a vessel  to be eligible,  neither  the owner,  the  master  nor  the  vessel  itself 
must be prohibited  from  fishing  in Mauritania.  They must be in order  vis-à-vis 
the  Mauritanian  authorities  insofar  as  they  must  have  fulfilled  all  prior 
obligations  arising  from  their  fishing  activities  in  Mauritania  under  fisheries 
agreements  concluded  with  the  Community. 

Licence  applications 

2.1 

2.2 

2.3 

2.4 

2.5 

Each quarter the Commission  shall submit to the Ministry lists of vessels which 
request to engage in fishing activities within the limits specified  for each  fishing 
category  in  the  fishing  datasheets  included  in  the  Protocol,  at  least  30  days 
before  the  start  of  the period  of  validity  of  the  licences  requested.  Such  lists 
shall  be  accompanied  by  proof  of  payment.  Licence  applications  failing  to 
arrive  within  the deadline  will  not  be  handled. 

This list  shall  specify  clearly,  by  fishing  category,  the tonnage,  the number  of 
vessels and,  for each vessel, its main characteristics,  including  its fishing  gear, 
the  amount  of  fees  and  the  scientific  observers'  expenses  due  for  the  period 
concerned  and  the  number  of  Mauritanian  seamen. 

Any  changes  to  the particulars  of  the vessel  occurring  either  since  the  licence 
application  form  was  submitted  or  since  the  last  licence  application  for  such 
vessels,  shall  be  indicated  on a  supplementary  list.  No  amendment  relating  to 
particulars  obtained  from  the  register  of  Community  fishing  vessels  may  be 
made  until  that  register  has been  updated. 

A datafile containing all the particulars required  to draw up the fishing  licences, 
including  any  amendments  to  the  vessel  data,  shall  also  be  attached  to  the 
licence application,  with  effect  from  1 February  1998, in a format  compatible 
with  software  used  by  the  Ministry. 

Licence applications  shall be accepted  only  in respect of eligible vessels  which 
have  completed  all  the  formalities  specified  in  points  2.1, 2.2  and  2.3. 

In order to facilitate inspections on entering or leaving the zone, vessels holding 
fishing  licences  for  neighbouring  countries  may  indicate  in  their  licence 
applications  the  country  and  species  concerned  and  the  period  of  validity  of 
such  licences. 

3. 

Issue  of  licences 

3.1 

The  Ministry  shall  issue  the  licences  to  the  vessel  following  receipt  of  the 
appropriate payments  referred  to in  Chapter  4 at least  10 days before  the  start 
of  their period  of validity.  The licences  may be obtained  from  the  departments 
of  the  Ministry  in  Nouadhibou  or  Nouakchott. 

» 

3.2 

Licences shall be drawn up in accordance with the data in the fishing  datasheets 
included  in  the  Protocol.  They  shall  also  mention  the  period  of  validity,  the 

S) 

vessel's  technical  characteristics,  the number  of Mauritanian  seamen  and  the 
payment references  of the fees. 

3.3 

3.4 

Fishing licences may be issued only for  vessels which have complied  with all 
the administrative formalities  required  for  the issue of licences. 

The  Delegation  shall  be  notified  of  licence  applications  refused  by  the 
Mauritanian authorities. Where appropriate, the Ministry shall provide a credit 
note against  payments relating  to these after  deduction  of  the balance of any 
outstanding  unpaid  fines. 

Validity  and utilization  of licences 

4.1 

4.2 

Licences shall be valid only for the period covered by the fees paid and for the 
fishing  zone, the type of gear and fishing  category  specified  in-the licence in 
question. 

Licences  shall  be  issued  for  a  given  vessel  and  shall  not  be  transferable. 
However,  in  the  event  of  force  majeure  duly  established  by  the  competent 
authorities of the flag  Member  State and at the request  of the Commission, a 
licence issued for  one vessel shall be replaced as soon as possible by a licence 
issued  for  another  vessel  of the  same category  on condition  that  the tonnage 
authorized  for  that category  is not exceeded. 

4.3 

The licence to be replaced  shall be returned  to the Ministry  which  shall then 
issue the new licence. 

4.4  Any adjustments  in the amounts paid as a result of withdrawal before the first 
day  of validity  of  the licence or  a licence being  transferred  shall be  effected 
before  the replacement licence is issued. 

4.5 

Licences must be held on board the eligible vessel at all times and presented to 
the inspection  authorities on the occasion  of any inspection. 

CHAPTER  m 

FEES 

1. 

2. 

3. 

Fees  shall  be calculated  for  each  vessel  on  the  basis  of  the  rates  laid  down  in  the 
fishing  datasheets included  in the Protocol. 

They  shall be payable in quarterly  periods with  the exception  of  the shorter  periods 
stipulated  in the Agreement or consequent on its application,  in which case they shall 
be payable pro rata for  the actual duration  of the licence. 

A  quarter  shall  consist  of  one  of  the  three-month  periods  beginning  1  August, 
1 November,  1 February  or  1  May. 

ss 

CHAPTER  IV 

Methods  of  payment 

Payments  shall  be  made  in  ECU  as  follows: 

(a) 

fees: 

by  transfer  to  one  of  the  foreign  accounts  of  the  Central  Bank  of  Mauritania 
payable  to the Trésor  de la Mauritanie; 

(b) 

scientific  observers'  expenses 

by  transfer  to one  of  the  foreign  accounts  of  the  Central  Bank  of  Mauritania 
payable  to  the  Trésor  de  la  Mauritanie; 

(c) 

fines 

by  transfer  to  one  of  the  foreign  accounts  of  the  Central  Bank  of  Mauritania 
payable  to  the  Trésor  de  la  Mauritanie. 

The  amounts  referred  to in point  1 shall  be considered  as actually  received  on  receipt 
of confirmation  from  the Treasury or the Ministry  following  notification  by the Central 
Bank  of  Mauritania. 

CHAPTER  V 

Communication  of  catch  data 

The  duration  of  a voyage  by  a  Community  vessel  shall  be  defined  as  follows: 

either  the  period  elapsing  between  entering  and  leaving  Mauritania's  fishing 
zone; 
or  the  pericxi  elapsing  between  entering  Mauritania's  fishing  zone  and  a 
transhipment. 

Fishing  log 

2.1  Masters  of  vessels  other  than  tuna  vessels  and  surface  longliners  shall  keep a 
daily record  of all the operations specified  in the fishing  log the model of which 
is  attached  as  Appendix  2  to  this  Annex.  This  document  must  be  completed 
legibly  and  signed  by  the  master  of  the  •, 

2.2 

Fishing  logs  from  which  entries  have  been  omitted  or  which  contain  invalid 
information  shall  be  deemed  not  to  have  been  duly  kept. 

36 

2.3  At the end of each voyage, the original of the fishing  log shall be sent by the 
master of the vessel direct to the surveillance authorities. The shipowner must 
forward  a copy of the log to the Delegation. 

2.4 

Failure  to comply  with  the provisions  of  points 2.1, 2.2  or  2.3  shall entail, 
irrespective  of  the  penalties  laid  down  by  Mauritanian  law,  automatic 
suspension of the fishing licence until the shipowner has met such obligations. 

3. 

Fishing log annex 

3.1  Masters  of  vessels  shall  keep  the fishing log  annex  as  shown  in  the  model 
attached  as Appendix  3 to this Annex. The log  shall be completed  legibly on 
each  landing or transhipment  and  signed by the master of the vessel. 

3.2  At the end of each landing, the shipowner shall send the original of the fishing 
log  annex  by  mail  to the  surveillance  authorities  within  a period  of  no more 
than  thirty days. 

3.3  At the end of each authorized  transhipment,  the shipowner  shall immediately 
send the original of the fishing  log annex to the surveillance authorities. 

3.4 

Failure  to  comply  with  the provisions  of  points  3.1,  3.2  or  3.3  shall  entail 
automatic  suspension  of  the fishing  licence until  the shipowner  has  met such 
obligations. 

Quarterly  catch  declarations 

4.1  By the end of the third month of each quarter the Commission  shall notify  the 
Ministry  of  the  quantities  caught  in  the previous  quarter  by  all  Community 
vessels. 

4.2 

4.3 

This  information  should  be  broken  down  by  month,  by  type  of  fishing,  by 
vessel and by species. 

This system  shall be implemented  within a period  of no more than one and a 
half  years after  the entry into force  of this Agreement. 

Reliability  of data 

The information  in the documents referred  to in points 1,2,3  and 4 above must reflect 
the  actual  fishing  situation  in  order  to  constitute  one  of  the  bases  for  monitoring 
changes in  fishery  stocks. 

31-

CHAPTER  VI 

Bv-catches 

1. 

2. 

3. 

In  accordance  with  Mauritanian  law,  the percentage of by-catches  laid  down  in the 
datasheets in the Protocol  shall be calculated at any time during  fishing  according to 
the total weight of the catch. 

Should these percentages exceed the authorized by-catches, penalties shall be imposed 
in accordance with Mauritanian law and may result in the definitive prohibition of the 
offenders,  the masters and the vessels from  all fishing  activities in  Mauritania. 

The  keeping  of  crawfish  on  board  vessels  other  than  crawfish  pot  vessels  shall  be 
forbidden.  Offenders  shall be punished  in accordance with Mauritanian  law. 

CHAPTER  Vn 

Signing-on  of Mauritanian  seamen 

1. 

Each Community vessel  shall take on board  Mauritanian  seamen,  including  officers, 
trainee officers  and the scientific observer for the duration of the voyage. There shall 
be at least: 

1.1 during  the first three years of application  of the Agreement: 

2 seamen  on vessels of less than 200 GRT; 

3  seaman  on vessels of at least 200 and less than 250 GRT; 

4 seamen  on vessels of at least 250 and less than  300 GRT; 

5  seamen  on vessels of 300 GRT or more. 

1.2  in  subsequent years: 

3  seamen  on vessels of less than 200 GRT; 

4  seaman  on vessels of at least 200 and less than 250 GRT; 

5  seamen  on vessels of at least 250 and less than  300 GRT; 

6  seamen on vessels of 300 GRT or more. 

JS 

1.3 

Shipowners  shall  endeavour  to  take  on  board  additional  Mauritanian  seamen. 

1.4 

Shipowners shall be free to choose the Mauritanian  seamen, officers  and trainee 
officers  to  take  on  board  their  vessels. 

Fne  seamen's  employment  contracts  shall  be  drawn  up  in  Mauritania  between  the 
shipowners or their representatives and the seamen. The contracts shall cover the social 
security arrangements applicable to the seamen concerned,  including life,  accident and 
health  insurance 

The  pay  conditions  may  not  be  less  than  those applying  to the crews  of  Mauritanian 
vessels.  The  agreed  wages  shall  be  paid  in  accordance  with  the  provisions  of  the 
contract  of  employment. 

Owners  of  Community  vessels  shall  ensure  the  same  terms  for  the  signing-on  of 
Mauritanian  seamen,  officers  and  trainee  officers  as  those  reserved  for  seamen, 
officers  and  trainee  officers  of  other  countries. 

Seamen  shall  report  to  the  master  of  the  vessel  designated  on  the  day  before  its 
proposed  sailing  date.  If  a  seaman  fails  to  report  at  the  time  scheduled  for  its 
departure,  the vessel  is authorized  to leave the Mauritanian  port once in possession  of 
a  certificate  of  absence  for  the  seaman  issued  by  the  surveillance  authorities. 

The  shipowner  shall  take  all  necessary  steps  to  ensure  that  the  number  of  seamen 
required  by  this  Agreement  sign  on  his vessel  by  the next  trip  at  the  latest. 

Twice  a  year  on  1 January  and  1 July  shipowners  shall  send  the  Ministry  a  list  by 
vessel  of  Mauritanian  seamen  signed  on  board.  Pending  receipt  of  the  list,  the  issue 
of  the  licence  shall  be  suspended. 

Failure  to  comply  with  any  of  the provisions  contained  in  point  1 shall  be  penalized 
in  accordance  with  Mauritanian  law  and  may  entail  the  suspension  or  definitive 
withdrawal  of  the  licence  in  case  of  repeated  offending. 

2 

3 

4. 

5. 

6 

7 

CHAPTER  Vm 

Technical  inspection 

Once  a  year  and  after  any  alteration  in  tonnage  or  changes  to  the  fishing  category 
necessitating  the  use of a different  type of gear,  any Community  vessel  shall  report  to 
the port of Nouadhibou  to undergo the inspections required by the legislation  in  force. 
Such  inspections  shall  take  place  within  48  hours  of  the vessel's  putting  into  port. 

3  5 

By way of derogation from the previous paragraph, the technical inspection procedures 
applying to tuna vessels and surface longliners fishing  for pelagic species shall be laid 
down in  Chapters XII and XIV of this Agreement. 

When the inspection has been completed, the master of the vessel shall be issued with 
a certificate.  This certificate  must be kept on board at all times. 

The technical inspection shall verify  that the vessel's technical characteristics and gear 
conform  to  the provisions  of  the  Agreement  and  that  the  provisions  relating  to  its 
Mauritanian  crew have been complied  with. 

The cost of the inspection,  at the rates laid down by Mauritanian  law,  shall be borne 
by  the  shipowner.  It  may  not  be  greater  than  the  amount  normally  paid  by  other 
vessels for  the same services. 

Failure by  the shipowner  to comply  with  the provisions  contained  in points  1 and 2 
above shall result in automatic suspension of the fishing  licence until such obligations 
have been  met. 

CHAPTER IX 

Vessel  identification 

1. 

The  identification  marks  of  all  Community  vessels  must  conform  to  the  relevant 
Community  legislation.  The Ministry  must be notified  of  such legislation  before  this 
Agreement enters into force. The Ministry must further  be notified  of any amendment 
to the legislation  at least 30 days before  its entry  into  force. 

2. 

Any vessel attempting to disguise its external identification  marks shall be liable to the 
penalties  laid down in the legislation  in  force. 

CHAPTER X 

Suspension  or  withdrawal  of licences 

Where,  in  application  of  this  Agreement  and  Mauritanian  law,  the  Mauritanian  authorities 
decide to suspend or withdraw definitively  the licence of a Community vessel, the master of 
that  vessel  shall  cease  his  fishing  activities  and  make for  the port  of  Nouadhibou.  On his 
arrival at Nouadhibou,  he shall send the original of his licence to the competent authorities. 
Once  the  required  obligations  have  been  duly  completed,  the  Ministry  shall  notify  the 
Commission  of the lifting  of the suspension  and the licence  shall  be returned. 

lj  O 

CHAPTER  XI 

Other  infringements 

1.  With the exception of the cases specifically  provided for  in this Agreement,  all other 

infringements  shall be penalized  in accordance with Mauritanian  law. 

2. 

In  the  event  of  serious  or  very  serious  fisheries  infringements  as  defined  by 
Mauritanian law, the Ministry reserves the right to prohibit the vessels,  masters and, 
where  applicable,  the  shipowners  concerned,  provisionally  or  definitively  from  all 
fishing  activities in Mauritanian  waters. 

CHAPTER  XH 

Fines 

The amount of fines imposed on Community vessels shall be calculated within  minimum and 
maximum  limits  specified  in Mauritanian  law.  This amount  shall be decided  in  accordance 
with the procedure laid  down  in point  3 of Chapter  VIII of Annex II. 

CHAPTER  XIH 

Provisions  relating  to vessels fishing  highly migratory  species 
(tuna  vessels and  surface  longliners) 

1. 

By way of derogation from  the provisions of Chapters I and II of Annex I, licences for 
tuna seiners shall be issued  for  a periods of twelve months. 

The original licence must be kept on board at all times and presented on request of the 
competent  Mauritanian  authorities. 

However, on receipt of notification  of payment of the advance sent to the Mauritanian 
authorities  by  the  Commission,  the  vessel  shall  be  entered  on  a  list  of  vessels 
authorized  to fish, which  shall be sent to the Mauritanian  authorities responsible  for 
fisheries  inspection. A copy of the said licence may be obtained by fax pending  arrival 
of the licence itself;  that copy  shall be kept on board. 

2. 

3. 

4. 

Before receiving its licence, each vessel must be presented for the inspections required 
by the legislation  in force.  By way of derogation  from  the provisions of Chapter VIII 
of this Annex, such inspections may be carried out in a foreign port to be agreed. All 
expenses-linked  to such inspection  shall be borne by the  shipowner. 

The fee  to be paid by the shipowner  shall be set at ECU 20 per  tonne caught within 
Mauritania's  fishing  zone. 

Licences  shall  be  issued  following  payment  to  one  of  the  foreign  accounts  of  the 
Central  Bank of  Mauritania,  payable to the Trésor  de la Mauritanie,  of  a lump sum 
corresponding  to the advance specified  in the datasheets in the Protocol. 

»M 

5. 

A log-book in accordance with the ICCAT model in Appendix 4 to this Annex shall 
be kept on vessels for each fishing period spent in Mauritanian waters. It shall be  filled 
in even  when  no catches are made. 

The  words  "Outside  Mauritania's  EEZ"  shall  be  entered  in  the  abovementioned 
log-book  in  respect  of periods during  which  the said vessels  are not in  Mauritanian 
waters. 

The log-books referred  to in this paragraph shall be sent to the Mauritanian authorities 
within  15 working days of vessels arriving in a port. 

Copies of  these documents  shall be sent to the scientific  institutes  referred  to in the 
third  subparagraph  of paragraph  6 below. 

6. 

The  Mauritanian  authorities  shall  draw  up  the  statement  of  fees  due  for  the  past 
calendar year on the basis of the catch declarations for each Community.vessel  and of 
any other  information  in their possession. 

The previous  year's  statement  shall reach  the Commission  by  31 March  which  shall 
forward  it  simultaneously  to  the shipowners and  national  authorities  of  the Member 
States concerned  by  15 April. 

Where the shipowners dispute the statement presented by Mauritania, they may request 
the relevant scientific  institutes, e.g.  France's Institut de la Recherche Scientifique et 
Technique d'Outre-Mer (ORSTOM) and the Instituto Espafiol de Oceanografia (IEO), 
to verify  the catch data before consulting with the Mauritanian authorities with a view 
to drawing up the final statement by 15 May of the current year. In the absence of any 
observations  from  the  shipowners  by  that  date,  the  statement  drawn  up  by  the 
Mauritanian  authorities  shall  be  deemed  final.  Member  States  shall  forward  to  the 
Commission  the final statements relating  to their own  fleets. 

Any  payment  due  in  addition  to  the  advance  shall  be  made  by  the  shipowners  to 
Mauritania's  fisheries  authorities no later  than  31 May of that  year. 

However,  if the amount of the final statement is lower than the advance referred  to in 
paragraph  4,  the resulting  balance shall not be reimbursable to the shipowner. 

7. 

By way of  derogation  from  Chapter I of  Annex II, vessels shall be obliged  within 3 
hours of entering or leaving the zone to communicate their position and the volume of 
the catch  on board  direct  to the Mauritanian  authorities preferably  by fax  or,  failing 
that,  by radio. 

The fax number and radio frequency  shall be notified  by the surveillance authorities. 

A copy of the fax  messages or of the record of radio communications shall be kept by 
the Mauritanian  authorities and  the shipowners  until both  parties  have approved  the 
final statement  of  fees  referred  to in paragraph  6. 

8. 

By way of  derogadon  from  the provisions of  Chapter  VII of  this Annex,  owners of 

tuna  seiners  shall  endeavour  to  sign  on  at  least  one  Mauritanian  seaman  per  vessel 
while pole-and-line  tuna  vessel operators  must  sign  on  three  Mauritanian  seamen  per 
vessel  for  the  duration  of  the  voyage.  This  includes  officers,  trainee  officers  and 
scientific  observers. 

By way of  derogation  from  point I of  Chapter V of  Annex  II,  one scientific  observer 
per vessel  may  be taken  on  board  tuna  seiners  for  an  agreed  period  at the request of 
the Mauritanian authorities and by common agreement with the shipowners concerned. 

CHAPTER  XIV 

Provisions  applying  to  pelagic  freezer  trawlers 

1. 

By way  of  derogation  from  the provisions  of Chapters  I and  II of  this  Annex,  licence 
applications  must  reach  the  Ministry  no  later  than  7  days  before  the  start  of  fishing 
operations  accompanied  by  proof  of  payment  and  the  documents  attesting  to  the 
technical  characteristics. 

The  Ministry  shall  draw  up  the  fishing  licences  on  presentation  of  the  certificate  of 
receipt  of  payment  issued  by  the  Mauritanian  public  treasury. 

The  fishing  licence  shall  be  held  on  board  each  vessel.  If  for  practical  reasons  the 
original  licence  cannot  be delivered  to the vessel,  a copy  or  fax  may  also  be  kept on 
board. 

In very exceptional cases, the Ministry may grant provisional authorizations of limited 
duration  to  vessels  in  respect  of  which  the  Mauritanian  public  treasury  has  not  yet 
received  payment  of  the  licence  fees  provided  that  the  Ministry  is  in  possession  of 
proof  of  payment. 

Licences  shall be issued  for  periods of at least a month.  The validity  of  a licence  shall 
in  all  cases  cover  periods  of  half  a  month. 

In  cases  of  force  majeure,  shipowners  may,  once  they  have  suspended  the  licence of 
the  vessel  affected,  use the  remaining  period  of  validity  of  the  licence  in  question  as 
credit  towards  a  new  licence  for  a replacement  vessel. 

By  way  of  derogation  from  the  provisions  of  Chapter  VIII  of  this  Annex,  prior 
inspections  of  vessels  shall  take place in  Europe.  The travel  and  subsistence  expenses 
of  two  persons  designated  by  the  Ministry  to  carry  out  the  said  inspections  shall  be 
payable  by  the  shipowners. 

The  fees,  inclusive  of  ali  national  and  local  charges  and  taxes,  and  the  ceilings  for 
catches  by  type  of  vessel  are  specified  in  the datasheets  contained  in  the  Protocol. 

Shipowners  shall  pay  a  sum  of  ECU  18 to  the  Mauritanian  public  treasury  for  each 
tonne  caught  in  excess  of  the  ceiling  fixed  by  type  of  vessel.  Declarations  of  catch 

2. 

3. 

V3 

shall be drawn up by common agreement no later than one month after  the end of each 
year. 

The fees and any additional amounts due shall be paid  to one of the Central Bank of 
Mauritania's  foreign  accounts payable to the Trésor de la Mauritanie. 

4. 

5. 

In  the  event  of  a  fall  in  the  world  market  FOB  price  set  in  Nouadhibou  for  the 
Mauritanian  horse mackerel to under USD 300 or a rise to over USD 500 per  tonne 
net,  the Parties  shall open negotiations with a view to adjusting  the level of the fees. 

By way of derogation  from  the provisions of Chapter I of Annex II, all vessels shall 
communicate to the surveillance authorities the date, the time and their position each 
time they  enter  or  leave Mauritania's fishing zone,  giving  12 hours advance  notice 
when entering  and 24 hours when leaving. 

6. 

By  way  of  derogation  from  Chapter  VII  of  this  Annex,  vessels  must  sign  on 
Mauritanian  seamen  of whom at least: 

4,  including one scientific observer,  on board each vessel with a total crew of 
30 or less; 

5,  including one scientific observer,  on board each vessel with a total crew of 
30 or more. 

7. 

8. 

9. 

Vessels shall  not be obliged  to enter a Mauritanian port.  However,  shipowners must 
take  all  appropriate  measures  to  transport  the  Mauritanian  seamen  and  scientific 
observers at their expense. 

Vessels shall be obliged neither to land fishery  products nor tranship consumables in 
Mauritanian  territorial waters or ports, neither  shall they be subject  to export duties. 

If  an offence  is detected  during  an inspection,  the master  shall  sign  the statement to* 
that effect.  By way of derogation from point 2 of Chapter VIII of Annex II, the vessel 
shall  thus  be  allowed  to  continue  its  fishing  activities.  The  shipowners  shall 
immediately  contact the Ministry in order to reach a solution. If a solution cannot be 
found  within 72 hours, the owners must provide a bank security covering the amount 
of any fines imposed. 

MM 

Annex  I 

-  Appendix  1 

MAURITANIA  - EUROPEAN COMMUNITY  FISHERIES  AGREEMENT 

APPLICATION FORM FOR A FISHING LICENCE 

I-  APPLICANT 

1 Name of  shipowner: 
2 Name of  the shipowner's  association  or representative:  . 
3 Address of the shipowner's  association  or representative: 

4 Telephone: 
5  Name of master: 

Fax: 

Telex: 
Nationality: 

n-VESSEL: 

1 Name of vessel: 
2 Flying  the flag  of: 
3 External  registration  number: 
4 Home port: 
5  Year and place of construction: 
6 Radio call  sign:  .  .  .  Call frequency: 
Wood  D 
7 Type of  hull:  Steel  • 

Polyester  • 

Other 

• 

III-TECHNICAL CHARACTERISTICS  AND EQUIPMENT 

Width: 

1 Overall  length: 
2 Tonnage  (expressed  in GRT): 
3 Horse power  of  main engine:Make: 
4 Type of vessel: 
5 Fishing  gear 
6  Crew complement: 
7 Method  of  conservation  on board:  Chilling  D  Refrigeration  •  Mixed  •  Freezing  D 
8  Freezing  capacity  in tonnes/24  hours: 
9  Hold  capacity: 

Type: 
Fishing  category: 

%  .  .  . . 

Number: 

: 

. 

Done in 

on 

Signature of applicant 

MJ 

Islamic  Republic  of  Mauritania 

FISHING  L O G B O OK 

ANNEXE 

1 

- 

Appendix  2 

Name  of  the  boat  (1) 

Dont  loft  (4) 

H 

E 

A 

D 

No 

Radio  signal  (2) 

1 

Name  of  the  Captain  (3) 

Boat  r e t u r n ed  (5) 

Date (6) 

Day 
|J  J 

M o n th 
[ _ JJ 

Year 

Hour 

LU 

o,,.,*  QJ  LU  LU_U  LU 

Gear  (7) 

Head  No  2 

Date 

Statistical 
sector 

No of 
fishing 
operations 

Duration of 
the  fishery 
(hours) 

[12) 

(13) 

(14) 

(15) 

Gear  c o de  (8) 

[__ 

| 

Mesh  (9) 

| 

| 

| 

)  Gear  d i m e n s i on  (10) 

( 

[_ 

Head  No  3 

Cancel  list  ' A'  or  " 0'  If  not  u s ed 

Head  No 4 

Signature  of  the  captain  (11) 

Horse 
m a c k e r el 

Sardines  Bardinella 

A n c h o 
vies 

Mackerel 

Frostfish 

Tuna 

Hake 

Pink  s ea 
bream 

Squid  C u t t l e f i sh 

O c t o p us 

Shrimps 

Crawfish  O t h er  fisN 

(kg) 

Estimated  fished  quantities  by  species  (kg) (16) 

Total 

Total 

(or  c o m m e n ts  on  Interruption  of  fishery) 

wolght  of weight  of 
catches 

frozen 
fish 
(kg) 

Total 
weight  of 
fishmeal 

(kg) 

EL 

Crawfish 

Prawn 

Alslado 

Carabi-
n c r os 

Other 
s h r i m ps 

Albacore 

Pink 
crawfish 

Other 
crusta 
ceans 

Angler 
fish 

Hake  O t h er  fisfJ 

Miscel. 
cepha 
lopods 

Miscel. 
shellfish 

(17) 

(18) 

(19) 

B 

ANNF.XE 

I  ~ 

Append,x  3 

ISLAMIC  REPUBLIC  OF  MAURITANIA 

LANDING/TRANSHIPMENT  DECLARATION 

(A)  Name  of the boat: 

Boat  left: 

Radio  signal: 

Day 

-Month 

Da,°  LU  LU 

Year 

Hour 

Name  of the captain: 

Boat  r e t u r n e d: 

Date 

IN  CASE  OF  TRANSHIPMENT: 

NATIONALITY 

RADIO  SIGNAL 

NAME  OF  RECEIVING  VESSEL 

1 

INDICATE  NET  WEIGHT  IN  KILOGRAMS 

1 

Species 

(B) 

Commercial 
category 
(C) 

Presentation 

Net  weight 

Selling  price 

Currency 

Species 

(D) 

(E) 

(F) 

(G) 

(B) 

Commercial 
category 
(C) 

Signature  of  the  captain  of  the  fishing  vessel 

Presentation 

Net  weight 

Selling  price 

Currency 

(D) 

(E) 

(F) 

(G) 

-

, 

ANNEX  I  -  Appendix 4 

TUNA BOATS FISHING LOG BOOK 

Gross tons: 
Capacity(TM): 
Captain: 
No of crew: 
Reporting date: 
Reported: 

RsJjjnojTjoo^jitje^ 

Longline 
Battboat 
Purse seiner 
Trawling 
Others 

Month  Day  Year 

Port 

No of 
fishing days: 
No of 
sets made: 

Trip 
number: 

Boat LEFT: 
Boat 
RETURNED: 

No of days 
at sea: 

Catches 

o 
o 
Ç 

SÏ 

w  Si 

•a 
0) OT 
3 
it) 
JC 
8 
.c 
%  o 
fc:  o 
UJ  Z 

Bluefin 
tuna 
Thunnus 
maccoyi 

Yeilowfin 
tuna 
Thunnus 
albacares 

Bigeye tuna 
Thunnus 
obesus 

Albacore 
Thunnus 
alalunga 

Swordfish 
Xiphias 
gladius 

White marlin 
Tetraptunus 
audax 

Black marlin 
Makaira 
indica 

Sailfish 
Istiophorus 
spp. 

Skipjack 
Katsuwonus 
pelamis 

Miscellaneous 
fishes 

Daily 
total 

No  kg 

No 

kg 

No 

kfl 

No  kg 

No 

kg 

No 

kg 

No 

kg 

No 

kg 

No 

kg 

No 

kg 

No  kg 

Bait used 

T3 
'3 
IT 
CO 

3 
(0 
CO 

CO 

0) 
> 

S2 

O 

Vessel name: 
Flag country: 
Registration N°: 
Company of owner: 
Address: 

Dates 

Area 

Lati 
tude 
Nor S 

Longi 
tude 
E o rW 

o 
z 
c 
o 
1 
& 
O 

c 
o 
E 
ro 
a 

, 

Landing weight (in kg) 

°<J 

ANNEX  II 

COOPERATION  IN  THE  MONITORING  OF FISHING  ACTIVITIES  BY 
COMMUNITY  VESSELS  IN MAURITANIA'S  FISHING  ZONE 

Chapter  I 

ENTERING  AND  LEAVING THE FISHING  ZONE 

1. 

2. 

Except  for  tuna  vessels  and  surface  longliners  and  pelagic  freezer  trawlers, 
Community  vessels  operating  under  this  Agreement  must  enter  and  leave 
Mauritania's  fishing  zone  by  one  of  two  passages  in  the  presence  of  the 
surveillance  authorities: 

the  northern  passage, the  coordinates  of  which  are  20°40  N  -  17°04  W; 
the  southern  passage,  the  coordinates  of  which  are  16°20 N  -  16°40  W. 

Shipowners  shall  notify  the  surveillance  authorities  of  their  entry  into  and  exit 
from  Mauritania's  fishing  zone by  telex, fax  or mail  to the numbers  or  address in 
Appendix  1 to  this  Annex. 

The  Delegation  will  be  given  fifteen  days  prior  notice  of  any  changes  in  the 
numbers  or  addresses  for  notification. 

3. 

The  notification  referred  to  in  point  2 shall  be  given  in  the  following  manner: 

(a) 

Entry 

Notice  must  be  given  at  least  24  hours  beforehand  and  contain  the 
following  particulars: 

the  position  of  the  vessel  at the  time  of  notification; 
the  point  of  entry; 
the  day,  date  and  time  of  entry; 
the  amount  and  species  of  catch  held  on board  at  that  time,  where 
vessels  have  previously  stated  that  they  hold  a  fishing  licence  for 
the 
another  fishing  zone 
in  which  case 
surveillance  authorities  will  have  access  to  the  fishing 
log 
concerning that zone and the checks may last longer than  the period 
laid  down  in  point  5 of  this  Chapter. 

the  subregion, 

in 

(b) 

Exh 

Notice  must  be  given  at  least  48  hours  beforehand  in  the  case  of  the 
northern  passage  and  at  least  72 hours  beforehand  in  the  case  of  the 
southern  passage.  The  following  particulars  must  be  provided: 

the  position  of  the  vessel  at the time  of  notification; 
the  point  of  exit; 
the  day,  date  and  time  of  exit; 

H5 

4. 

5. 

6. 

7. 

8. 

the  amount  and  species  of  catch  held  on  board  at  that  time. 

At  each  entry  or  exit,  vessels  shall  tune  their  radios  to  the  frequency  of  the 
surveillance  authorities  at  least  six  hours  before 
the 
notification. 

the  time  specified 

in 

Controls  should  not  normally  exceed  more than  one hour  on  entry  and  three  hours 
on  exit. 

In  the  event  of  the  surveillance  authorities  being  overdue  or  failing  to  appear, 
vessels  may  continue  on  their  way  once  the  periods  laid  down  in  point  5  have 
expired. 

In  the  event  of  a  vessel  being  overdue  or  failing  to  appear,  the  surveillance 
authorities  may  consider  the  entry  or  exit  notice  void  once  the  periods  laid  down 
in  point  5  have  expired. 

In  the  event  of  mass  entries  or  exits,  control  operations  shall  be  accelerated. 

Failure  to  comply  with  the  provisions  of  points  1 to  6  shall  result  in  the  following 
sanctions: 

(a) 

The  first  time: 

The  vessel  shall  be  diverted. 
The  catch  on  board  shall  be  unloaded  and  confiscated  on  behalf  of 
the  Treasury. 
The  vessel  shall  pay  the  minimum  fine  provided  for  in  Mauritanian 
law. 

(b) 

The  second  time: 

The  vessel  shall  be  diverted. 
The  catch  on  board  shall  be  unloaded  and  confiscated  on  behalf  of 
the  Treasury. 
The  vessel  shall  pay  a  fine  in  accordance  with  Mauritanian  law. 
The  licence  shall  be  revoked  for  the  remainder  of  its  period  of 
validity. 

(c) 

The  third  time: 

The  vessel  shall  be  diverted. 
The  catch  on  board  shall  be  unloaded  and  confiscated  on  behalf  of 
the  Treasury. 
The  licence  shall  be  definitively  revoked. 
The  master  and  the  vessel  shall  be  banned  from  exercising  their 
activities  in  Mauritania. 

r< 

Chapter II 

INNOCENT  PASSAGE 

When  Community  fishing  vessels  are  exercising  their  right  of  innocent  passage  and 
navigation in Mauritania's fishing zone in accordance with the United Nations Convention 
on the Law of the Sea and relevant national  and international  legislation, they  shall  keep 
all  their  fishing  gear  stowed  on  board  in  such  a  way  that  it  cannot  be  immediately 
utilized. 

Chapter III 

TRANSHIPMENT 

1. 

2. 

3. 

4. 

5. 

The catches of  Community vessels shall  be transhipped within Mauritanian ports. 

Any  Community  vessel  wishing  to  tranship  catches  shall  be  subject  to  the 
procedure  laid  down  in points  3 and 4. 

The  owners  of  such  vessels  shall  notify  the  surveillance  authorities  at  least 
24  hours  beforehand,  using  the means  of  communication  specified  in  point  2  of 
Chapter I of  this  Annex,  of  the  following: 

the names  of  the transhipping  fishing  vessels; 
the name of  the  cargo vessels; 
the tonnage  by  species  to be transhipped; 
the  day,  date  and time of transhipment. 

Transhipment  shall  be  considered  as  an  exit  from  Mauritania's  fishing  zone. 
Vessels  must  therefore  provide  the  surveillance  authorities  with  the  originals  of 
the  fishing  log  and  the  fishing  long  annex  and  state  whether  they  intend  to 
continue  fishing  or leave  Mauritania's  fishing  zone. 

Any  transhipment  of  catcher not covered  by  points  1 to 4  shall  be prohibited  in 
Mauritania's  fishing  zone.  Any person infringing  this provision  shall  be liable to 
the  penalties  provided  for  by Mauritanian  law. 

rn 

Chapter  IV 

INSPECTION  AND  CONTROLS 

1. 

2. 

Masters  of  Community  fishing  vessels shall  allow  and  facilitate  boarding  and  the 
discharge of their duties by any Mauritanian  official  responsible for the inspection 
and  control  of  fishing  activities. 

These  officials  shall  not  remain  on  board  for  longer  than  is  necessary  for  the 
discharge  of  their  duties. 

the  specific  monitoring 
The  Community  hereby  undertakes 
programming  in  Community  ports.  Summaries  of reports  on the controls  carried 
out  shall  be  sent  periodically  to  the  Ministry. 

to  maintain 

Chapter  V 

MAURITANIAN  SCIENTIFIC  OBSERVERS  ON  BOARD 
COMMUNITY  VESSELS 

A  system  for  observation  on  board  Community  vessels  is  hereby  established. 

1. 

2. 

Any  Community  vessel  holding a licence for  Mauritania's fishing  zone, except  for 
tuna seiners, shall  take on board  a Mauritanian  scientific  observer.  There  shall  be 
only  one  observer  at  a time  per  vessel. 

The Ministry  shall  supply  the Commission  each  quarter before  licences  are issued 
with  a list  of  vessels  designated  to  take  on  board  an  observer. 

The  period  spent  by  an  observer  on  board  a  vessel  shall  be  one  trip.  However, 
at the  express request  of the Ministry  this period  may  be spread  over  several  trips 
according  to the average  duration  of trip for  a particular vessel.  This  request  will 
be  made  by  the  Ministry  when  the name  of the  observer  designated  to  board  the 
vessel  in  question  is  notified. 

Likewise,  in  the  event  of  a trip  being  curtailed,  the  observer  may  have  to  make 
a  further  voyage  on  the  same  vessel. 

3 

The Ministry  shall  inform  the Commission  of the names of designated  observers, 
provided  with  the  requisite  documents,  at  least  seven  working  days  before  the 
scheduled  date  of  their  embarkation. 

y  2. 

4. 

All  costs  arising  out  of  the  activities  of  observers,  including  their  salary, 
emoluments  and  allowances  shall  be  borne  by  the  Ministry.  If  an  observer  is 
taken  on  board  or  disembarked  at  a foreign  port,  travelling  expenses  and  daily 
allowances  shall  be  borne  by  the  shipowner  until  the  observer  boards  the  vessel 
or arrives  at a Mauritanian port. 

5. 

Masters of vessels designated to take on board a scientific  observer shall  make all 
the  arrangements  to facilitate  boarding  and disembarkation  by  the observer. 

The observer  shall  enjoy  the  same treatment  on board  as the vessel's  officers. 

The observer  shall  be offered  every  facility  needed  to carry  out his  duties.  The 
master  shall  give  him  access  to  the  means  of  communication  needed  for  the 
discharge  of his duties, to  documents  directly  concerned  with the vessel's  fishing 
activities,  i.e.  to the fishing  log, the fishing  log  annex  and navigation  log,  and to 
those  parts  of  the  vessel  necessary  to  facilitate  the  exercise  of  his  tasks  as  an 
observer. 

6. 

The observer shall normally board and disembark at a Mauritanian port at the start 
of  the  trip, following  notification  of  the  list  of  designated  vessels. 

Within thirty days of that notification,  the shipowners concerned shall give notice 
using  the  means  of  communication  specified  in  Chapter I  to  this  Annex,  of  the 
date  and port  selected  for the taking  on  of  the observer. 

7. 

8. 

9. 

The observer must report to the master of the designated vessel  the day before the 
proposed  date of his  embarkation.  Should  the observer  fail  to  report  at the  time 
specified,  the  vessel  is  entitled  to  leave  the  Mauritanian  port  with  a  certificate 
from  the  surveillance  authorities  confirming  the  absence  of  an observer. 

Shipowners  shall  contribute  ECU  3 per GRT per quarter per vessel  to the  costs 
of  scientific  observation.  This contribution  shall  be payable  at the same time as, 
and be  additional  to,  the fee  payable by  the shipowner. 

Failure  by  a shipowner  to  comply  with  the provisions  relating  to  observers  shall 
result  in  the  automatic  suspension  of  the fishing  licence  until  the  shipowner  has 
complied  with  these obligations. 

S J 

10. 

The  scientific  observer  shall  have: 

a professional  qualification, 
adequate  fisheries  experience, and 
a  thorough  understanding  of  this  Agreement  and  the  Mauritanian  rules 
applicable. 

11. 

The  scientific  observer  shall  ensure  that  Community  vessels  operating  in 
Mauritania's  fishing  zone  comply  with the terms of  this  Agreement. 

He  shall  compile  a report on this subject.  In particular,  he shall: 

observe  the fishing  activities  of  vessels, 
verify  the position  of  vessels  engaged  in fishing  operations, 
take biological  samples  as part of  scientific  programmes, 
record particulars of the fishing  gear and the mesh sizes of the nets used, 
verify  the  entries  in the fishing  log. 

12.  Observation  shall  be confined  to fishing  activities and related  activities governed 

by  this  Agreement. 

13. 

The  scientific  observer  shall: 

take all  appropriate steps to ensure that the conditionsof his boarding and 
his presence on the vessel  neither interrupt nor hamper fishing  operations, 
use the instruments and procedures approved for measuring the mesh sizes 
of  nets  used  under this  Agreement,  and 
treat with due care property and equipment on board the vessel  and respect 
the  confidentiality  of  all  the vessel's papers. 

14. 

At  the  end  of  the  observation  period  and before  leaving  the  vessel  the  observer 
shall  draw up a report in accordance with the model  in Appendix  2 to this Annex. 
He shall  sign  it in the presence of the master, who may  add or cause to be added 
to it  any  observations  which  he considers  relevant,  followed  by his  signature.  A 
copy  of  the report shall  be handed to the master when the observer is put ashore. 

^ 

15. 

The  competent  authorities  receiving  reports  from  scientific  observers  shall  be 
obliged  to  check  their  content  and conclusions  as soon  as possible. 

Should  the  competent  authorities  find  that  infringements  have  been  committed 
they shall take appropriate action including, in accordance with their national laws, 
the  initiation  of  administrative proceedings  against  the  natural  or  legal  persons 
responsible.  The  proceedings  initiated  must,  in  accordance  with  the  relevant 
provisions  of national  law, be such  as effectively  to deprive those  responsible  of 
any  material  gain from  the infringement  or to produce  effects  proportional  to the 
gravity of the infringement  so as  effectively  to discourage other infringements  of 
the  same nature. 

Should  the port  of  disembarkation  be  situated  in  a Member  State other  than the 
flag Member State the former shall  inform the flag Member State of the measures 
taken. 

Chapter VI 

MUTUAL  OBSERVATION  SYSTEM  FOR  SHORE-BASED  CONTROLS 

The  Contracting  Parties  agree  to  set  up  a  mutual  observation  system  for  shore-based 
controls  with  a view  to  improving  their  effectiveness. 

1. 

Objectives 

To  attend  the  controls  and  inspections  carried  out  by  the  national  inspection 
authorities  in order to  ensure compliance  with  the provisions  of  the  Agreement; 

2. 

Status  of  observers 

The  competent  authorities  of  each  Contracting  Party  shall  designate  an observer 
and notify  his  name to the other Contracting Party. 

This  observer  should have: 

a professional  qualification, 
appropriate  experience  in the fisheries  field,  and 
thorough  knowledge  of  the provisions  of  the Agreement. 

Inspections  shall  be  carried  out  by  the  national  inspection  authorities  and  the 
observer  in  attendance  may  not,  on  his  own  initiative,  exercise  the  powers  of 
inspection  conferred  on  national  officials. 

When  accompanied  by  national  officials,  the  observer  shall  have  access  to  the 
vessels,  premises  and documents  subject  to  inspection  by  the  said, officials. 

rr 

3. 

Duties  of  observers 

The observer shall  accompany the national  inspection authorities on their visits to 
the  ports,  on  board  ships  in  dock,  to  public  auction  houses,  fish  wholesalers' 
shops, cold stores and other premises for unloading  and stocking fish before  it is 
placed  on the market. 

The observer  shall  draw up and submit  a report every  four  months  detailing the 
inspections  attended.  This  report shall  be  addressed to  the  competent  authorities 
who  shall  send  a copy  to the other Contracting Party. 

4. 

Implementation 

The competent inspection  authority of  each Contracting Party shall give ten days 
written  notice  to the other Contracting Party  of the shore  inspections,  on  a case-
by-case  basis,  which  it intends to  carry out. 

The other Contracting Party shall  give five days notice of its intention to send an 
observer. 

The  duration  of  the observer  mission  should not  exceed  15 days. 

5. 

Confidentiality 

The observer shall  respect the goods and equipment on board the vessel,  and any 
other installations,  and also the  confidentiality  of  all  documents  to  which  he has 
access. 

He  shall  disclose  information  on  the  results of  his  work  solely  to  his  competent 
authorities. 

6. 

Location 

This  programme  will  be  implemented  in  the  Community  ports  of  landing  and 
Mauritanian ports. 

7. 

Financing 

Each  Contracting  Party  shall  bear the  costs  of his observer,  including  travel  and 
board. 

sc 

Chapter  VII 

CONTINUOUS  SATELLITE  TRACKING  SYSTEM 

Pending  the implementation  of  a national  satellite  monitoring  system  for  fishing  vessels 
of  similar  type  operating  in  Mauritania's  fishing  zone,  the  Contracting  Parties  agree  to 
implement  a private  satellite  tracking  project  for  Community  vessels. 

1. 

Objectives 

Continuous  tracking  by  satellite  of  Community  fishing  vessels  in  Mauritania's 
fishing  zone  will  enable  direct  administration  of  the  provisions  on  fishing  effort 
and  geographical  restrictions.  Furthermore,  it  will  allow  for  targeted  inspections 
at  sea  and  retrospective  controls  of  the  zones  declared  in  the  fishing  log. 

2. 

Implementation 

The Contracting  Parties  agree to set up a working  group  to  define  the  procedures 
for setting up, implementing and financing the project,  which  shall enter into  force 
on  1 August  1997. 

Chapter  VIII 

PROCEDURE  IN  THE  EVENT  OF  BOARDING 

1. 

Transmission  of  information 

The  Ministry  shall  inform  the  Delegation  within  48  hours  of  any  boarding  of  a 
Community  fishing  vessel operating in Mauritania's fishing  zone and shall  provide 
a brief  report  of  the  circumstances  and  reasons  for  this  boarding. 

2. 

Statement  of  boarding 

After  the  Mauritanian  surveillance  authorities  have  drawn  up  a  statement,  the 
master  of  the  vessel  shall  sign  it. 

This  signature  does  not  prejudice  the  rights  of  the  master  or  any  defence  which 
he  may  make  to  the  alleged  infringement. 

In  the  case  of  minor 
He  shall  take  the  vessel  to  the  port  of  Nouadhibou. 
infringements,  the surveillance  authorities may authorize the vessel  to continue its 
fishing  activities. 

r^t 

Settlement  of  boarding 

3.1 

3.2 

3.3 

3.4 

In  accordance  with  this  Agreement  and  Mauritanian  law,  infringements 
may  be  settled  administratively  or  by  legal  proceedings. 

In  the  case of  an  administrative  settlement  the amount  of  the  fine  shall  be 
determined  in  accordance  with  Mauritanian 
laying  down 
minimum  and  maximum  figures. 

legislation 

If  there  is no  administrative  settlement  and  the  matter  is brought  before  a 
competent  judicial  body,  a  bank  security  amounting  to  the  equivalent  in 
ecus of the  maximum fine provided  for  in Mauritanian  legislation  shall  be 
lodged  by  the  shipowner  with  a bank  designated  by  the  Ministry. 

The  bank  security  shall  be  irrevocable  until  the  legal  proceedings  have 
It  shall  be  released  by  the  Ministry  once  legal 
been  concluded. 
proceedings  end  without  a  conviction.  Similarly,  in  the  event  of  a 
conviction  leading  to  a  fine  of  less  than  the  security  lodged,  the  balance 
shall  be  released  by  the  Ministry. 

3.5 

The  vessel  shall  be  released  and  its  crew  authorized  to  leave  the  port: 

either  as  soon  as  the  obligations  imposed  by  the  administrative 
settlement  procedure  have  been  completed  on  presentation  of  the 
receipt  for  the  settlement,  or 

when the bank  security  referred  to in point  3.3 has been  lodged  and 
accepted  by  the  Ministry,  pending  completion  of 
legal 
proceedings. 

the 

Chapter  IX 

DISCARDING  AT  SEA 

The  Contracting  Parties  shall  look  into  the  problem  of  discards  from  fishing  vessels  and 
shall  examine  ways  of  turning  these  to  account. 

S  K 

Chapter X 

FIGHT  AGAINST ILLEGAL FISHING 

In an effort to curb illegal  fishing  activities in Mauritania's fishing  zone which jeopardize 
fisheries  management  policy,  the  Contracting  Parties  agree  to  exchange  information  on 
these  activities  on  a regular basis. 

In  addition  to  the  measures  already  applied  by  the  Contracting  Parties  under  existing 
legislation, they shall  consult one another on the possibility of taking supplementary joint 
or individual  action. To this end, they shall step up cooperation, in particular on the fight 
against illegal  fishing. 

r<3 

MAURITANIA  - EUROPEAN  COMMUNITY  FISHING  AGREEMENT 
ADDRESS  OF THE SURVEILLANCE  AUTHORITIES 

Annex  II  - Appendix 1 

1. 

Address: 

Boîte  Postale  (BP)  260  Nouadhibou 

Mauritania 

(2222)  45  626 

(2222)  45  701 

Tel.: 

Fax.: 

Telex: 

Radio  frequency: 

2. 

3. 

4. 

5. 

Mauritania will  communicate  details specific  to the  Agreement  by  15  July  1996. 

<£o 

EUROPEAN  COMMUNITY  - MAURITANIA  FISHERIES  AGREEMENT 
REPORT  OF  THE  MAURITANIAN  SCIENTIFIC  OBSERVER 

Annex  II  - Appendix  2 

Name  of  observer:. 

Vessel: 
Number  and  port  of  registration: 
Identity  marking: 
Licence: 
Master's  name: 
Nationality: 

N°: 

Type: 

Nationality: 

, tonnage  (GRT);  Power: 

HP 

Boarded: 
Date: 
Disembarked:  Date: 

, Port: 
, Port:.. 

Authorized  fishing  method 
Gear  used 
Mesh  size  and/or  dimensions: 
Fishing  zones  frequented 
Distance  from  coast: 
Number  of  Mauritanian  crew  on  board.. 
Entry  into....  / 

and  departure  / 

/ 

/..  from  the  fishing  zone. 

Observer's  estimate 

, declared  on 

GT 

, estimated: 
Ouantitv 

.• 

^ 

% 
(keV 

Overall  production  (kg): 
By-catches:  species 
Discards:sDecies: 

i 

' 

Species  retained 

Quantity  (kg) 

Species  retained 

Quantity  (kg) 

0.^ 

Observer's  findings 

Nature  of  findings 

date 

position 

Done  at 

date. 

Observer's  signature 

Master's  comments. 

Copy  of  report  received  (date). 

Master's  signature. 

Report  forwarded  to 
Quality: 

(seal) 

£<L 

FINANCIAL  STATEMENT 

1. 

TITLE  OF  OPERATION 

Agreement  on  the  conclusion  of  the  Agreement  in  relations  in  the  sea  fisheries  sector 
between  the  European  Economic  Community  and  the  Islamic  Republic  of  Mauritania 

2. 

B U D G ET  HEADING  INVOLVED 

B7-800  Fishing  agreements 

3. 

L E G AL  BASIS 

Articles  43  and  228(3),  alinéa  2  of  the  Treaty 

Draft  proposal  for  a  Council  Regulation  on  the  conclusion  of  the  Agreement  on 
relations  in the  sea fisheries  sector  between  the European  Community  and the  Islamic 
Republic  of  Mauritania  and  laying  down  provisions  for  its  implementation. 

Draft  proposal  for  a  Council  Decision  concerning  the  conclusion  of  the  Agreement 
in  the  form  of  an  Exchange  of  Letters  concerning  the  provisional  application  of  the 
Agreement  on  relations  in  the  sea  fisheries  sector  between  the  European  Community 
and  the  Islamic  Republic  of  Mauritania  initialled  in  Brussels  on  20  June  1996. 

4. 

DESCRIPTION  OF  OPERATION 

4.1 

General  objective 

maintaining  the  Community  fleet's  fishing  activities  in  Mauritanian  waters; 
guaranteeing  the  supply  of  fishery  products  to  the  Community  market; 
reducing  the  fishing  effort  in  overfished  Community  waters. 

4.2 

Period  covered  and  arrangements  for  renewal  or  extension 

The  Agreement  will  run  for  five  years  from  1 August  1996.  There  is  no  provision  for 
renegotiation  before  it  expires. 

5. 

CLASSIFICATION  OF  EXPENDITURE  OR  REVENUE 

5.1 

Compulsory  expenditure 

5.2 

Differentiated  expenditure 

£i 

5.1.  Compulsory  expenditure 

5.2.  Differentiated  expenditure 

6. 

TYPE  OF  EXPENDITURE 

Other:  Financial  compensation  for  Mauritania  in  exchange  for  the 
fishing  opportunities  granted  by  it  and  specified  in  the 
Protocol. 

7. 

FINANCIAL  IMPACT 

7.1.  Method  of calculating  total  cost of operation  (definition  of unit  costs) 

See  Protocol  to  Agreement. 

7.2.  Itemised  breakdown  of  cost  (in  current  ECU  million) 

Breakdown 

1996/97 

1997/98 

1998/99 

1999/2000 

2000/01 

TOTAL 

Overall 
financial 
compensation 

55.160 

54.360 

53.560 

52.160 

51.560 

266.80 

The  development  programmes  and  projects  referred  to  in  Article  3  of  the  Agreement 
which  are not  covered  by the overall  financial  compensation  provided  for  in the Protocol 
to the Agreement  will be dealt with in an ad  hoc Council  decision  and do not come under 
budget  heading  B7-800. 

7.3.  Schedule  for  proposed  new  operation  (in  current  ECU  million) 

Commitment 
appropriations 

Payment 
appropriations 

1996 

1997 

1998 

1999 

2000 

1996/97 

1997/98 

1998/99 

1999/2000 

2000/01 

TOTAL 

55.160 

54.360 

53.560 

52.160 

51.560 

266.80 

55.160 

54.360 

53.560 

52.160 

55.160 

54.360 

53.560 

52.160 

51.560 

51.560 

TOTAL 

.55.160 

54.360 

53.560 

52.160 

51.560 

266.80 

*M 

8. FRAUD PREVENTION MEASURES; RESULTS OF MEASURES TAKEN 

Given  that  a  service  (a  fishing  opportunity)  is  being  paid  for,  the  Mauritanian 
authorities may use the  compensation  paid by the Community  as they  see fit, the 
only  exception  being  the  requirement  to  report  to  the  Community,  according  to 
the procedures  laid  down  in  every  agreement,  on  the  use  made  of  certain  funds 
(the  contribution  to  the  scientific  programme). 

For  the  rest, Member  States  must  certify  to the Commission  the accuracy  of the 
information  on  vessels'  tonnage  certificates  so  that  the  financial  compensation 
(and  fees)  can  be  reliably  calculated.  The  Agreement  contains  a  number  of 
innovations  in  the  matter  of  controls  on  fishing  activities,  including  the 
declaration  of catches by  Community vessels fishing  in Mauritanian  waters.  The 
key  provisions  concern  observers  at  ports,  special  inspection  programmes  and 
satellite  monitoring  of  vessels. 

9.  ELEMENTS  OF  COST-EFFECTIVENESS  ANALYSIS 

A  budget  has  been  fixed  of  ECU  266.8  million  over  five  years.  Note  that  the 
level of financial  compensation provided for in the Protocol  diminishes gradually 
over  the  five  years  while  the  overall  level  of  fishing  opportunities  increases. 

In  terms  of  the  Agreement's  benefits,  the  value  of  the  catch  of  the  main 
commercial  species  far  exceeds  the  average  annual  cost  of  ECU  53.36  million. 

Besides  the  direct  commercial  value  of  the  catches,  the  Agreement  offers  the 
following  advantages: 

protection  for jobs  on  fishing  vessels, 
multiplier  effect  on  employment  in  the  regions  concerned,  in  ports,  fish 
markets,  processing  factories,  shipyards  and  service  industries, 
job  creation  in  regions  with  no  alternative  source  of  employment, 
securing  the  supply  of  fishery  products  to  the  Community  market. 

In  addition  to  these  advantages,  account  must  be taken  of  the  importance  of  the 
Community's relations with Mauritania in both the political  and fisheries spheres. 

10.  ADMINISTRATIVE  EXPENDITURE  (PART  A  OF  THE  BUDGET) 

None 

C5 

ISSN  0254-1475 

COM(96) 417 final 

DOCUMENTS 

EN 

03  11 

Catalogue  number  :  CB-CO-96-402-EN-C 

ISBN  92-78-07732-1 

Office  for Official  Publications of the European  Communities 

L-2985 Luxembourg 

C<S