Proposal for a Council Regulation (EC) concerning the conclusion of the Agreement in the form of an exchange of letters amending the Agreement on cooperation in the sea fisheries sector between the European Community and the Islamic Republic of Mauritania
Date: 1997-06-02
Institutions: European Commission
Subjects: Mauritania, cooperation agreement (EU), fishing agreement, fishing regulations, sea fishing

COMMISSION  OF THE EUROPEAN  COMMUNITIES 

Brussels,  02.06.1997 
COM(97)  263  final 

97/0158  (CNS) 

Proposal  for a 

COUNCIL REGULATION (EC) 

concerning the conclusion of the Agreement in the form of an exchange of letters 
amending the Agreement on cooperation  in the sea fisheries sector between  the 
European Community and the Islamic Republic of Mauritania 

(presented by the Commission) 

EXPLANATORY  MEMORANDUM 

The Community  and  Mauritania have concluded  an Agreement on cooperation  in the sea 
fisheries  sector  which  contains  in particular  technical  and  financial  provisions  governing 
the  use  by  Community  fishermen  of  the  fishing  opportunities  provided  for  in  the 
Agreement. 

It has become apparent  that  some of those provisions  have to be elucidated  in order  that 
the Agreement  may be better  applied.  The  adjustments  agreed  as a result  are  set out  in 
an Agreement  in the  form  of an exchange  of  letters amending  the provisions  in question 
of the Agreement on cooperation. 

The Council is asked to approve the agreement in the form an exchange of letters as soon 
as possible. 

2 

Proposal for a 

COUNCIL REGULATION (EC) 

concerning the conclusion of the Agreement in the form of an exchange of letters 
amending the Agreement on cooperation in the sea fisheries sector between the 
European Community and the Islamic Republic of Mauritania 

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  the  first  subparagraph  of  Article 

228(3) thereof, 

Having regard to the proposal from the Commission 

Having regard to the opinion of the European Parliament, l 

Whereas the Agreement  on cooperation  in the sea fisheries  sector between  the  European 

Community and the Islamic Republic of Mauritania was approved by Council  Regulation 

(EC) No 408/97;2 

Whereas the Community  and Mauritania  have initialled  an Agreement  in the form  of an 

exchange of letters amending the cooperation Agreement; 

Whereas  it is in the Community's  interest  to  approve this Agreement  in  the  form  of  an 

exchange of letters, 

1 
2 

O.J. nr 
O.J.  nrL  62 of 4.3.97, p. 1 

3 

HAS ADOPTED THIS REGULATION: 

Article 1 

The  Agreement  in  the  form  of  an  exchange  of  letters  amending  the  Agreement  on 

cooperation in the sea fisheries  sector between the European Community and the Islamic 

Republic of Mauritania is hereby approved on behalf of the Community. 

The  text  of  the  Agreement  in  the  form  of  an  exchange  of  letters  is  attached  to  this 

Regulation. 

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. 

Article 3 

This Regulation shall enter into force on the day following  that of 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, 

For the Council 

The President 

f 

AGREEMENT 

in the form of an exchange ofletters  concerning the amendment 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 

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,  I  have  the  honour  to  inform  you  that  the  European  Community  agrees  to  the 
amendments to the following technical provisions of the Agreement, provided that the Islamic 
Republic of Mauritania is disposed to do likewise. 

datasheet No 5 on cephalopods shall be replaced by the corresponding datasheet 
attached; 
datasheet No 9 on pelagic fishing shall be replaced by the corresponding datasheet 
attached; 
pole-and-line tuna vessels and surface  longliners may be granted quarterly licences. Fees 
shall continue to be calculated on the basis of the annual statement of catches per vessel 
and  be  subject,  in  accordance  with  datasheet  No  8,  to  payment  of  an  advance  of 
ECU 2 000 per year; 
whether or not scientific observers are present on board, owners of pelagic vessels who 
are in possession of a licence shall contribute ECU 350 per month per vessel to the cost 
of  scientific  observation.  Clearly,  shipowners  shall  not  be  liable  for  the  salaries  of 
scientific observers on board their vessels. 

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

Please accept, Sirs, 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,  I  have  the  honour  to  inform  you  that  the  European  Community  agrees  to  the 
amendments to the following technical  provisions of the Agreement,  provided that the Islamic 
Republic of Mauritania is disposed to do likewise. 

datasheet  No  5  on  cephalopods  shall  be  replaced  by  the  corresponding  datasheet 
attached; 
datasheet  No  9  on  pelagic  fishing  shall  be  replaced  by  the  corresponding  datasheet 
attached; 
pole-and-line  tuna  vessels  and  surface  longliners  may  be  granted  quarterly  licences. 
Fees shall continue to be calculated on the basis of the annual statement of catches per 
vessel  and be subject, in accordance with datasheet No  8, to payment of an advance  of 
ECU 2 000 per year; 
whether or not scientific observers are present on board, owners of pelagic vessels who 
are  in possession  of  a licence  shall  contribute  ECU 350  per month  per vessel  to  the 
cost of scientific  observation.  Clearly,  shipowners  shall not be liable for the salaries  of 
scientific observers on board their vessels. 

I  should  be  much  obliged  if you  would  acknowledge  receipt  of  this  letter  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 

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 

Authorized  gear: 

bottom trawl 

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. 

Bv-catches: 

- /-

Authorized tonnage / Fees: 

Periods 

1-08-1996 
to 
31-10-
1996 

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

7 500 

25 

365 

7. 

Comments: 

( 1 ) 

1-11-
1996 
to 
31-7-
1997 
8.400 

28 

365 

01-08-
1997 
to 
31-10-
1997 
12 000 

40 

384 

1-11-
1997 
to 
31-07-
1998 
11.100 

37 

384 

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

45 

403 

01-08-1999 
to 
31-07-2000 

15 000 

50 

423 

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

50 

444 

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. 

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. 

3. 

4. 

5. 

6. 

Authorized gear: Pelagic trawl 

Minimum authorized mesh size: 

40 mm 

Biological  recovery: 

-/-

Bv-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 

% 

ISSN 0254-1475 

COM(97) 263  final 

DOCUMENTS 

EN 

03  11 

Catalogue number  :  CB-CO-97-251-EN-C 

ISBN  92-78-20648-2 

Office  for Official  Publications of the European Communities 

L-2985 Luxembourg