Proposal for a COUNCIL REGULATION (EC) relating to the conclusion of the Protocol defining, for the period 1 December 1996 to 30 November 1999, the fishing opportunities and the financial contribution provided for by the Agreement between the European Community and the Government of Mauritius on fishing in the waters of Mauritius
Date: 1997-02-14
Institutions: European Commission
Subjects: Mauritius, agreement (EU), financial compensation of an agreement, fishing agreement, fishing regulations, protocol to an agreement

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels,  14.02.1997 
COM(97)43  final 

97/0035  (CNS) 

Proposal for a 
COUNCIL DECISION 
on the conclusion of an Agreement in the form of an exchange of letters on the 
provisional application of the Protocol defining, for the period  1  December 1996 
to 30 November  1999, the fishing opportunities and the financial  contribution 
provided for by the Agreement between the European Community and the 
Government of Mauritius on fishing in the waters of Mauritius 

Proposal for a 
COUNCIL REGULATION  (EO 
relating to the conclusion of the Protocol defining, for the period  1 December 1996 
to 30 November  1999, the fishing opportunities and the financial contribution 
provided for by the Agreement between the European Community 
and the Government of Mauritius on fishing in the waters of Mauritius 

(presented by the Commission) 

EXPLANATORY  MEMORANDUM 

The  Protocol  annexed  to  the  fisheries  agreement  between  the  European  Community  and 
Mauritius expired on 30.11.1996. A new Protocol was initialled by the two parties on 26.11.96 
establishing the technical  and financial conditions  under  which  Community fishing vessels  can 
fish  in Mauritius waters in the period  1.12.1996 to 30.11.99. 

The Commission is accordingly proposing that the Council should adopt: 

by  means  of  a  Decision,  the  draft  Agreement  in  the  form  of  an  exchange  of  letters 
concerning the provisional  application  of the new Protocol  pending its final entry  into 
force, 

by  means  of a Regulation,  the Protocol  establishing  the fishing opportunities  and  the 
associated  technical  and  financial  conditions  agreed  between  the  Community  and 
Mauritius for the period  1.12.96 to 30.11.99. 

1 

Proposal  for  a 
COUNCIL  DECISION 
on  the  conclusion  of an Agreement  in the form  of an  exchange  of letters  on  the 
provisional  application  of the Protocol  defining,  for  the period  1 December  1996 
to  30 November  1999, the  fishing  opportunities  and  the  financial  contribution 
provided  for  by the Agreement  between  the  European  Community  and  the 
Government  of Mauritius  on  fishing  in the waters  of  Mauritius 

THE  COUNCIL  OF THE EUROPEAN  UNION, 

Having regard  to the Treaty establishing the European  Community, 

Having  regard  to  the Agreement  between  the European  Economic  Community  and  the  Government 

of Mauritius on fishing in Mauritian  waters (!), 

Having regard  to the proposal from the  Commission, 

Whereas  the  Community  and  Mauritius  held  negotiations  to  determine  the  amendments  or  additions 

to  be  made  to  the  Agreement  on  fishing  off  Mauritius  at  the  end  of  the -period  of  application  of 

Protocol; 

Whereas, as a result of these negotiations a new Protocol  was initialled on 26 November  1996 

Whereas,  under  this Protocol,  Community  fishermen  enjoy fishing opportunities  in the waters  falling 

within 

the  sovereignty  or  jurisdiction  of  Mauritius 

for 

the  period  1  December  1996 

to 

30 November  1999 

(1) 

O J N o L 1 5 9,  10.6.1989,  p. 2. 

Whereas, in order to  avoid interruption of fishing activities by Community vessels,  it is essential that 

the  Protocol  in  question  be  approved  as  quickly  as  possible;  whereas  both  parties  have  therefore 

initialled an Agreement in the form of an exchange of letters providing for the provisional  application 

of  the  initialled  Protocol  from  the  day  following  the  date  of  expiry  of  the  Protocols  previously  in 

force; whereas the Agreement in the form of an exchange of letters should be concluded,  subject to a 

definitive decision under Article 43 of the Treaty, 

HAS DECIDED  AS FOLLOWS: 

Article 1 

The Agreement  in the form  of an exchange  of  letters  on  the  provisional  application  of  the Protocol 

defining,  for  the  period  1  December  1996to  30 November  1999  the  fishing  opportunities  and  the 

financial contribution  provided  for  by  the  Agreement  between  the  European  Community  and  the 

Government  of Mauritius  on fishing in the waters  of Mauritius  is  hereby approved  on  behalf of the 

Community. 

The text of the Agreement  is attached to this Decision. 

Article 2 

The President  of  the  Council  is  hereby  authorized  to  designate  the  persons  empowered  to  sign  the 

Agreement in the form of an exchange of letters in order to bind the Community. 

Done at Brussels, 

For the Council 

The President 

AGREEMENT 
IN THE FORM OF AN EXCHANGE OF LETTERS ON THE PROVISIONAL APPLICATION*OF THE 
PROTOCOL DEFINING, FOR THE PERIOD 1  DECEMBER 1996 TO 30 NOVEMBER  1999, THE 
FISHING OPPORTUNITIES AND THE FINANCIAL CONTRIBUTION PROVIDED FOR BY THE 
AGREEMENT BETWEEN THE EUROPEAN COMMUNITY AND THE GOVERNMENT OF MAURITIUS 
ON FISHING IN THE WATERS OF MAURITIUS 

A.LETTER FROM THE GOVERNMENT OF MAURITIUS 

With reference to the Protocol, initialled on 26 November 1996, defining the fishing opportunities and the 
financial contribution for the period 1  December 1996 to 30 November 1999,1 have the honour to inform you 
that the Government of Mauritius is willing to apply the Protocol provisionally from 1  December 1996 pending 
its entry into force in accordance with Article 6 thereof, provided that the European Community is prepared to 
do likewise. 

This is on the understanding that the first Instalment, equal to one third of the financial  compensation laid 
down by Article 2 of the Protocol, must be paid before 31 May 1997. 

I should be grateful if you would confirm  the agreement of the European Community to such a provisional 
application. 

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

For the Government of Mauritius 

B.  LETTER FROM THE COMMUNITY 

Sir, 

I have the honour to acknowledge receipt of your letter of today's date which reads as follows: 

"With  reference  to the Protocol, initialled on 26 November  1996, defining the fishing opportunities and 
the financial  contribution  for the period  1  December  1996 to 30 November  1999,1 have the honour to 
inform you that the Government of Mauritius is willing to apply the Protocol provisionally  from 
1 December  1996 pending its entry into force in accordance with Article 6 thereof, provided that the 
European  Community is prepared to do likewise. 

This is on the understanding  that the first  instalment, equal to one third of the financial  compensation 
laid down by Article 2 of the Protocol, must be paid before 31 May 1997. 

I should be grateful  if you would confirm  the agreement of the European Community to such a 
provisional  application." 

I am pleased  to confirm  the agreement of the European  Community to a provisional application. 

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

For the Council of the European Union 

5 

Proposal  for a 
COUNCIL REGULATION  (EC) 
relating to the conclusion of the Protocol  defining,  for the period  1  December  1996 
to 30 November  1999, the fishing opportunities and the financial  contribution 
provided for by the Agreement between the European  Community 
and the Government  of Mauritius on fishing in the waters of Mauritius 

97/0035  (CNS) 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  establishing  the European  Community,  and  in particular  Article 43, 

in conjunction  with Article 228(2) and (3), first subparagraph,  thereof, 

Having regard to the proposal from  the Commission  \ 

Having regard to the Opinion of the European Parliament  , 

Whereas,  in  accordance  with  the  Agreement  between  the  European  Economic  Community  and 

the  Government  of  Mauritius  on  fishing  in  Mauritian  waters3,  the  Contracting  Parties  held 

negotiations with a view to determining amendments or additions to be made to the Agreement  at 

the end of the period of application of Protocol; 

Whereas,  as  a  result  of  these  negotiations,  a  new  Protocol  defining,  for 

the  period 

1 December  1996 to  30 November  19969, the fishing opportunities  and  the financial contribution 

provided for by the said Agreement was initialled  on 26 November  1996; 

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

1 

3 

OJNoC 
Opinion delivered on 
OJNoL  159, 10.6.1989, p. 2. 

(not yet published in the Official Journal). 

G 

HAS ADOPTED THIS REGULATION: 

Article 1 

The  Protocol  defining,  for  the  period  1  December  1996  to  30 November  1999,  the  fishing 

opportunities and the financial contribution provided for by the Agreement between the European 

Community  and  the  Government  of  Mauritius  on  fishing  in  the  waters  of  Mauritius  is  hereby 

approved on behalf of the Community. 

-

The text of the Protocol  is attached to this Regulation 

Article 2 

The President  of the Council  is hereby authorized to designate the persons empowered to  sign the 

Protocol  in order to bind the Community ('). 

Article 3 

This  Regulation  shall  enter  into  force  on  the  third  day  following  its  publication  in  the  Official 

Journal of the European Communities. 

This Regulation  shall be binding in its entirety and directly applicable in all Member States. 

Done at Brussels, 

For the Council 

The President 

(4) 

The date of entry into force of the Protocol will be published in the Official  Journal of the 
European Communities by the General Secretariat of the Council. 

* 

PROTOCOL 
DEFINING,  FOR THE PERIOD  1  DECEMBER  1996 TO 30 NOVEMBER  1999, 
THE FISHING OPPORTUNITIES  AND THE FINANCIAL  CONTRIBUTION-PROVIDED 
FOR BY THE AGREEMENT BETWEEN 
THE EUROPEAN COMMUNITY AND THE GOVERNMENT OF MAURITIUS 
ON FISHING IN THE WATERS OF MAURITIUS 

ARTICLE  1 

1.  1.Pursuant to Article 2 of the Agreement, and for a period of three years from 

1 December  1996, the following  fishing  possibilities shall be accorded: 

-  for  ocean-going  tuna seiners:  licences for 43 vessels; 

-  for  vessels fishing  by line (except  tuna trailers and tuna surface  longliners):  licences  for 

100 GRT/month on an annual average. 

2.  Furthermore,  fishing  licences may also be granted  for  tuna trollers and surface  tuna 

longliners. 

3.  These fishing  possibilities  may, at the Community's  request, be increased by the Joint 

Committee referred  to in Article 8 of the Agreement. 

ARTICLE 2 

1. The financial  compensation  referred  to in the Agreement  for  the abovementioned  period is 

fixed  at ECU  1.218.750,  payable in three annual instalments. 

2.  In the case of tuna fishing,  this compensation  shall cover a catch weight in waters of 

Mauritius of  7.500  tonnes of tuna fished  per year.  If the annual amount of tuna caught by 
Community  vessels in the waters of Mauritius exceeds this quantity, the abovementioned 
compensation  shall be increased  by ECU 50 for each additional  tonne caught. 

3.  The use to which  this compensation  is put shall be the sole competence of Mauritius. 

4.  The financial  compensation  shall be paid into an account opened at a financial  institution  or 

other body desif nated by Mauritius. 

£ 

ARTICLE 3 

1. The Community  shall also pay a contribution  of ECU  418.000 towards the financing  of 
scientific  and technical programmes  (including equipment,  infrastructure,  etc) in order to 
improve knowledge of fish  stocks and fisheries  in general. 

2.  The competent authorities of Mauritius shall  send to the Commission  a brief  report on the 

utilization of the funds. 

3.  The Community's contribution  to the scientific  and technical programmes shall be paid into 

an account  specified  by the authorities of Mauritius. 

ARTICLE-4 

The two parties hereby agree that an essential condition  for  the success of their co-operation  is 
that the skills and know-how of persons engaged  in sea fishing  be improved.  To this end,  the 
Community  will assist Mauritian  nationals in finding  places in establishments  in its Member 
States or States with which  it has concluded  co-operation  agreements and will  make available 
an amount of ECU  110.000 for  study or practical  training awards with a maximum  duration of 
five years in the various scientific,  technical and economic  subjects  relating  to fisheries.  Of 
this amount,  up to ECU 30 000 may be used,  at the request of  the Mauritian  authorities,  to 
cover the cost of attending  international  meetings relating  to  fisheries. 

ARTICLE 5 

Should  the Community  fail  to make the payments  specified  in Articles 2 and 3, the Agreement 
on  fishing  may be suspended. 

ARTICLE 6 

The Annex  to the Agreement between  the European  Community and the Government of 
Mauritius on fishing  in the waters of Mauritius  is hereby repealed  and replaced  by the Annex 
to this Protocol. 

ARTICLE 7 

This Protocol  with its Annex  shall enter into force on the date of its signature. 

It shall apply  from  1  December  1996. 

ei 

CONDITIONS  FOR THE PURSUIT OF FISHING  ACTIVITIES BY 
COMMUNITY  VESSELS IN THE WATERS OF MAURITIUS 

ANNEX 

1. 

Licence application  and issuing  formalities 

The  application  procedure  for,  and  issue of,  the licences  enabling  Community  vessels 
to fish  in  the waters of Mauritius shall be as follows: 

a) 

b) 

c) 

d) 

The  Commission  of  the  European  Communities  shall  present  to  the  authorities 
of  Mauritius  via  the  representative  of  the  Commission  of  the  European 
Communities  in  Mauritius  an  application,  made  by  the  shipowner,  for  each 
vessel  that wishes  to fish  under  this Agreement,  at least 20 days before  the date 
of  commencement  of  the period  of  validity  requested.  The  application  shall  be 
made on  the forms  provided  for  that purpose by Mauritius,  a specimen  of which 
is annexed  hereto. 

Every  licence shall be issued  to the shipowner for one designated  vessel.  At the 
request  of  the  Commission  of  the  European  Communities  the  licence  for  a 
vessel  may  and,  in  cases  of  force  majeure,  shall  be  replaced  by  a  licence  for 
another  Community vessel. 

The  licences  shall  be  delivered  by  the  authorities  of  Mauritius  to  the 
representative of the Commission  of the European  Communities in Mauritius. 

The licence document  must be held  on  board  at all  times.  However,  on  receipt 
of  the  notification  of  the  advance  payment  sent  by  the  Commission  of  the 
European  Communities  to the Mauritian  authorities,  the vessel  will  be  included 
on  a  list,  to  be  notified  to  the  Mauritian  fisheries  control  authorities.  Whilst 
awaiting  receipt  of  the  licence  document,  a  fax  copy  of  this  licence  document 
may  be obtained  and  shall  be kept  on board,  which  will  authorize  the vessel  to 
fish,  pending delivery on board of the licence document. 

e) 

The  authorities  of  Mauritius  shall  communicate  before  the  date  of  entry  into 
force of  the agreement  the arrangements  for payments of the licence fees,  and in 
particular  the details of the bank account and  the currency  to be used. 

2. 

Validity  of licences and payment provisions for tuna vessels 

a) 

b) 

Licences shall be valid  for a period of one year.  They are renewable. 

For  tuna  seiners,  the  fees  shall  be  set  at ECU 20 per  tonne  caught  within  the 
waters  of  Mauritius.  Applications  for  licences  for  tuna  vessels  shall  be  issued 
following  advance  payment  to  Mauritius  of  a  lump  sum  of ECU  1  000  a  year 
for  each  tuna  seiner,  equivalent  to the  fees  for  50 tonnes  of  tuna caught  within 
the waters of  Mauritius per year. 

•CO 

c) 

d) 

For small tuna trollers and  surface  tuna longliners  mentioned  in  Article  1  of  the 
Protocol,  the  licence  fee  is  fixed  at  ECU 20 per  tonne  caught  in  Mauritian 
waters.  The licences shall be issued  following  advance payment  to Mauritius of 
a  lump  sum  of  ECU 500 per year  per  vessel,  equivalent  to  the  fees  due 
for 25 tonnes of tuna caught in Mauritian  waters per year. 

A provisional  statement  of  the  fees  due  for  the  fishing  year  shall  be  drawn  up 
by  the  Commission  of  the  European  Communities  at  the  end  of  each  calendar 
year on the basis of  the catch  statements  made by the shipowners and  forwarded 
simultaneously  to  the  authorities  of  Mauritius  and  the  Commission  of  the 
European  Communities.  The  corresponding  amount  shall  be  paid  by  the 
shipowners  to  the  Treasury  of  Mauritius  no  later  than 31 March  of  the 
following  year.  The final  statementjpf  the fees due in  respect  of  a  fishing  year 
shall  be  drawn  up  by  the  Commission  of  the  European  Communities,  taking 
into  account  available  scientific  opinion  and  any  statistical  data  which  can  be 
gathered  by ORSTOM, 
Institute  and  any 
international  fishing  organizations  in  the  Indian  Ocean.  The  shipowners  shall 
be  notified  by  the  Commission  of  the  European  Communities  of  the  statement 
If  the 
and  shall  have  30 days  in  which  to  meet  their  financial  obligations. 
amount  of  the  sum  due  for  actual  fishing  operations  is  less  than  the  advance 
payment,  the  corresponding  outstanding  sum  shall  not  be  recoverable  by  the 
shipowner. 

the  Spanish  Océanographie 

Validity of licences and payment provisions for other vessels. 

For  vessels  fishing  by  line  (except  tuna  trollers  and  tuna  surface  longliners),  licences 
shall  be  valid  for  three,  six  or  twelve  months.  The  annual  fees  shall  be  fixed  in 
relation  to the GRT as follows:  ECU 60 per GRT pro rata temporis. 

4. 

Observers 

All  vessels above 50 GRT  shall,  at  the request  of  the authorities  of  Mauritius,  take on 
board  an observer designated by these authorities in order to  check catches made in the 
waters  of  Mauritius.  Observers  shall  have  all  facilities  necessary  for  the  performance 
of  this  duty  including  access  to  places  and  documents.  An  observer  must  not  be 
present  for  longer  than  the  time  required  to  fulfil  his  duties.  They  shall  be  provided 
with  suitable  food  and  accommodation  while  on  board.  Should  a  vessel  with  a 
Mauritian  observer  on  board  leave the waters of  Mauritius,  every  step will  be taken  to 
ensure  that  the  observer  returns  to  Mauritius  as  soon  as  possible,  at  the  shipowner's 
expense. 

Radio communication  and reporting 

Vessels  above 50 GRT  shall  communicate,  when  entering  and  leaving  Mauritian 
waters,  and,  every  three days,  while  fishing  in Mauritian  waters,  to a radio  station  (the 
name,  call  sign  and  frequency  of  which  shall  be  specified  in  the  licence)  or  by  fax 
(No 230-208-1929),  their position  and  the volume of catches on board. 

The  captains  of  all  vessels  including  vessels  fishing  by  line  shall  complete  a  fishing 
report  form  which  will  indicate  the  date,  the  vessel's  position,  and  the  quantity  and 
species  of  fish  caught.  Tuna  vessels  shall  also  provide  the  number  of  sets  and  the 
quantity  of tuna caught  per species.  These  forms  shall  be forwarded  to the  Authorities 

sl>\ 

of  Mauritius  not  later  than  three  weeks  after  each  fishing  campaign.  However,  in  the 
case  of  vessels  fishing  by  line,  tuna  trollers  and  tuna  surface  longliners,  these  reports 
shall  be sent not later than one  month after  the end of each quarter. 

6. 

Fishing  zones 

Tuna  seiners,  tuna  trollers  and  tuna  surface  longliners  may  fish  in  the  waters  of 
Mauritius  except  within  a  distance  of  12 nautical  miles  measured  from  the  baseline. 
Vessels  fishing  by  line  are only  authorized  to  fish  in  their  traditional  grounds,  namely 
Soudan  Bank and East Soudan  Bank. 

7.  -  Supply  to the Tuna Canning  Industry 

Community  tuna vessels  shall  endeavour  to sell  part of  their catch to the Mauritian  tuna 
canning  industry  at  a  price  to  be  fixed  in  common  agreement  between  Community 
shipowners  and the owners of  the Mauritian  tuna canning industry. 

-^ 

APPLICATION  FOR A FOREIGN  FISHING  VESSEL LICENCE 

Name of applicant: 

Address of applicant: 

Name and address of charterers of vessel if different  from  above: 

Name and address of agent in Mauritius (if any): 

Name of vessel: 

Type of vessel: 

Country of registry: 

Port and registration  number: 

Fishing vessel external  identification: 

Radio call sign and frequency: 

Fax number of vessel: 

Length of vessel: 

Width of vessel: 

Engine type and power: 

, 

Gross registered  tonnage of vessel: 

Net registered  tonnage of vessel: 

Minimum  crew complement: 

Type of fishing  practised: 

Proposed  species of fish: 

Period of validity  requested: 

I certify  that the above particulars are correct. 

Date 

Signature 

M, 

FINANCIAL STATEMENT 

1. 

2. 

3. 

TITLE OF OPERATION: New financial Protocol EC/Mauritius 

BUDGET HEADING INVOLVED: B7-800 

LEGAL BASIS:Treaty art.43, in conjunction with art.228(2) and (3) first subpar. 

EC/Mauritius Agreement (OJ No L 159,10.6.89) 

4. 

DESCRIPTION OF OPERATION 

4.1 General objective: Protocol and Annex for a 3-year period 
4.2 Period covered and arrangements for renewal or extension: 

1 December 1996 to 30 November 1999 
Arrangements for renewal by negotiations before the Protocol expires. 

5. 

Classification  of expenditure or revenue 

5.1 Compulsory 

5.2 Differentiated 

6. 

Type of expenditure or revenue 

- Other: 

Financial  compensation  to a third  country  in exchange  for fishing opportunities 

granted by it and laid down in the Protocol. 

FINANCIAL IMPACT 

7.1 Method of calculating total cost of operation (definition of unit costs^ 

see complement to the Protocol 

7.2 

Itemised breakdown of cost 

Breakdown 

1997 

protoc.art.2 
protoc.art.3 
protoc.art.4 
TOTAL 

406.250 

418.000 

110.000 

914  750 

1997 

406.250 

1998 

406.250 

406 250 

406.250 

CD irrent  ECUs 

TOTAL 
1.218.750 

418.000 

110.000 

1 746  750 

J 
1 

1 

1 

| 

AU 

7.3 Schedule for proposed new operation 

1997 

1997 

1998 

Commitment 
appropriations 

| 

934.250 

406.250 

406.250 

Payment  appropriations 

934.250 

1997 

1997 

1998 

406.250 

406.250 

current ECUs 

TOTAL 

1.746.750 

934.250 

406.250 

406.250 

TOTAL 

934.250 

406.250 

406.250 

1.746.750 

8.  FRAUD PREVENTION MEASURES; RESULTS OF MEASURES TAKEN: 

Since the financial  contributions are made by the Community in direct exchange for the fishing possibilities 
offered,  the third country uses them for whatever end it chooses.  The exception to this rule is the case of 
programmes, such as the scientific programmes, where under the dispositions of the Agreement, Mauritania 
will furnish  reports to the Community. 

In addition,  the Member  States whose vessels operate under this Agreement  must certify  to the  Commission 
the exactitude of the data indicated in the tonnage certificates  of the vessels so that the licence fees may be 
calculated  on a  guaranteed  basis. To that  end, the Agreement  includes  catch  declarations for  Community 
vessels. 

9. 

ELEMENTS OF COST-EFFECTIVENESS ANALYSIS: 

In terms of the benefits of this agreement, it is clear that the value of the catches of the main commercial 
species far exceeds the cost of 1.75 MECU. 
In addition to the direct commercial value of the catches of the vessels concerned, there are the following 
evident benefits from this Agreement: 

guaranteed employment aboard the fishing vessels; 

multiplier employment effect  in the ports, auctions rooms, processing factories, shipyards, service industries, 
etc.; 

these employment opportunities are in regions where no other opportunities are available; 

contribution to the supply offish  to the Community. 

Obviously, in addition to those benefits,  one must take account of the importance of our relations with Mauritius in 
the fisheries field and our overall political relations. 

10.  ADMINISTRATIVE EXPENDITURE (part A of the budget): 

No incidence on administrative expenditure. 

A*5 

ISSN 0254-1475 

COM(97) 43 final 

DOCUMENTS 

EN 

11  03 

Catalogue number  :  CB-CO-97-039-EN-C 

ISBN  92-78-15532-2 

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