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 Protocol setting out the fishing opportunities and the financial contribution provided for in the Agreement on cooperation in the sea fisheries sector between the European Community and the Islamic Republic of Mauritania for the period 1 August 2001 to 31 July 2006
Date: 2001-10-17
Institutions: European Commission
Subjects: Mauritania, authorised catch, fishery management, fishing agreement, fishing controls, protocol to an agreement

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 17.10.2001
COM(2001) 588 final

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 Protocol setting out the fishing opportunities and the
financial contribution provided for in the Agreement on cooperation in the sea fisheries
sector between the European Community and the Islamic Republic of Mauritania for
the period 1 August 2001 to 31 July 2006

(presented by the Commission)

EXPLANATORY MEMORANDUM

The  Protocol  to  the  Fisheries  Agreement  between  the  European  Community  and  the  Islamic
Republic of Mauritania expired on 31 July 2001. A new Protocol was initialled by both parties
on 31 July 2001 fixing the technical and financial conditions governing the fishing activities of
Community  vessels  in  the  waters  of  the  Islamic  Republic  of  Mauritania  during  the  period  1
August 2001 to 31 July 2006.

The  Commission  proposes,  on  this  basis,  that  the  Council  adopt  by  Decision  the  draft
Agreement  in  the  form of  an  Exchange  of  Letters  concerning  the  provisional  application  of
the new Protocol pending its definitive entry into force.

A  draft  Regulation  on  the  conclusion  of  the  new  Protocol  is  the  subject  of  a  separate
procedure.

2

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 Protocol setting out the fishing opportunities and the
financial contribution provided for in the Agreement on cooperation in the sea fisheries
sector between the European Community and the Islamic Republic of Mauritania for
the period 1 August 2001 to 31 July 2006

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article
300(2) thereof,

Having regard to the proposal from the Commission,

Whereas:

(1)

(2)

(3)

(4)

The Community and the Islamic Republic of Mauritania have held negotiations with a
view to determining amendments or additions to be made to the Agreement on fishing
off the coast of the Islamic Republic of Mauritania.

As a result of these negotiations, a new Protocol was initialled on 31 July 2001.

Under  that  Protocol,  Community  fishermen  have  fishing  opportunities  in  the  waters
under  the  sovereignty  or  jurisdiction  of  the  Islamic  Republic  of  Mauritania  for  the
period 1 August 2001 to 31 July 2006.

In order to ensure uninterrupted fishing activities by Community vessels, it is essential
that the new Protocol be applied as quickly as possible. For this reason, the two parties
have initialled an Agreement in the form of an Exchange of Letters providing for the
provisional application of the initialled Protocol from 1 August 2001.

(5)

The method for allocating the fishing opportunities among the Member States should
be defined,

HAS ADOPTED THIS DECISION:

Article 1

An Agreement in the form of an Exchange of Letters concerning the provisional application
of the Protocol setting out the fishing opportunities and the financial contribution provided for
in the Agreement on cooperation in the sea fisheries sector between the European Community
and  the  Islamic  Republic  of  Mauritania  for  the  period  1 August  2001  to  31 July  2006  is
hereby approved on behalf of the Community.

3

The  texts  of  the  Agreement  in  the  form  of  an  Exchange  of  Letters  and  of  the  Protocol  are
attached to this Decision.

Article 2

The fishing opportunities fixed in the Protocol shall be allocated among the Member States as
follows:

Fishing category

Member State

Tonnage/Number of
vessels which may be
used

Crustaceans except lobsters

(GRT)

Black hake (GRT)

Demersal species other than
black hake

Gear other than trawls
(GRT)

Spain

Italy

Portugal

Spain

Spain

Portugal

Demersal species - trawl (GRT)

Spain

Cephalopods (vessels)

Lobsters (GRT)

Tuna seiners (vessels)

Pole-and-line tuna vessels

Surface longliners

(vessels)

Pelagic species (vessels)

Spain

Italy

Portugal

Spain

France

Spain

Portugal

France

4 364

1 091

545

8 500

1 300

2 000

4 000

50

5

200

18

18

20

3

8

15

If licence applications from these Member States do not cover all the fishing opportunities fixed
by the Protocol, the Commission may take into consideration licence applications from any other
Member State.

The President of the Council is hereby authorised 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

4

Done at Brussels,

For the Council
The President

5

PROTOCOL

SETTING OUT THE FISHING OPPORTUNITIES AND FINANCIAL COMPENSATION
PROVIDED FOR IN THE AGREEMENT ON COOPERATION IN THE SEA FISHERIES
SECTOR BETWEEN THE EUROPEAN COMMUNITY AND THE ISLAMIC REPUBLIC OF
MAURITANIA FOR THE PERIOD 1 AUGUST 2001 TO 31 JULY 2006

For a period of five years from 1 August 2001, the fishing opportunities granted under Article 5 of
the Agreement shall be as fixed in the fishing datasheets included in this Protocol.

Article 1

1.

2.

1.

2.

Article 2

For the period of application of this Protocol, the total financial contribution referred
to in Article 7 of the Agreement shall be EUR 86 million per year (comprising EUR
82 million financial compensation and EUR 4 million for the financial contributions
set out in Article 5 of this Protocol).

The  Government of the Republic of Mauritania shall have  full  discretion  regarding
the use to which the financial compensation is put.

Article 3

The financial compensation shall be paid into an account opened by the Central Bank
of Mauritania with a financial body designated by the Mauritanian authorities.

The financial contribution for the first year as provided for in Article 2(1) above shall
be paid no later than 31 December 2001. The contribution for the subsequent  years
shall be paid no later than 1 August each year.

Article 4

The  state  of  resources  shall  be  reviewed  periodically  by  the  Joint  Committee  on  the  basis  of  the
available scientific data.

The fishing opportunities referred to in Article 1 of this Protocol may be adjusted in the light of the
state of fisheries resources with the agreement of both Parties from 1 January 2004. In that case, the
total financial contribution referred to in Article 2 of this Protocol shall be adjusted proportionately
by common agreement.

For the  duration  of  this  Protocol,  the  Commission  and  the  Mauritanian authorities  shall  take all
the  necessary  measures  to  assess  the  state  of  cephalopod  stocks  in  Mauritania's  fishing  zone.  A
joint scientific working party shall be set up for that purpose, to meet regularly under the auspices

6

of the Mauritanian National Oceanographic and Fisheries Research Centre (CNROP) at least once
each year. This working party shall be made up of scientists selected by mutual agreement by both
Parties.

On the basis of the conclusions of the scientific working party and in the light of the best available
scientific  advice,  the  Parties  shall  hold  consultations  in  the  Joint  Committee  provided  for  in
Article 10  of  the  Agreement  in  the  second  half  of  2003  with  a  view  to  adjusting  by  mutual
agreement the fishing opportunities and conditions for cephalopods should this be necessary. Any
decision to hold a review shall be taken no later than 31 December 2003.

Both  Parties  undertake  to  appoint  the  members  of  the  scientific  working  party  before  31
December 2001. They shall also schedule a meeting of the Joint Committee as soon as possible in
order to determine the necessary review procedure and a detailed timetable.

Article 5

The measures set out below shall be financed from the financial compensation provided for in Article
2(1), broken down as follows:

(a)

(b)

(c)

(d)

(e)

(f)

(g)

(h)

EUR 800 000 per year for assistance for research to improve information on fishery
resources, monitoring changes in the state of those resources in Mauritania's fishing
zone, running the CNROP and improving health conditions in the fisheries sector;

EUR 1.5 million per  year for support  for  fisheries  surveillance,  intended  to  finance
the  operating  costs  of  the  DSPCM  and  possibly  the  introduction  of  new  means  of
surveillance;

EUR 300 000  per  year  for  institutional  support  to  maritime  training  with  a  view  to
developing and strengthening human resources;

EUR 50 000 per year for institutional support for developing fisheries statistics;

EUR 50 000 per year for institutional support for rescue services at sea;

EUR 50 000  per  year  for  institutional  support  for  the  arrangements  for  managing
fishing licences;

EUR 50 000 per year for institutional support for managing seamen;

EUR 400 000  per  year  to  cover  the  expenses  of  organising  and  participating  in
international seminars and meetings;

(i)

EUR 800 000 per year for support to develop small-scale fishing.

These  measures,  and  the  amounts  to  be  allocated  to  them  each  year,  shall  be  decided  on  by  the
Ministry,  which  will  inform  the  Commission  thereof.  The  annual  amounts  shall  be  paid  into  an
account  of  the  Central  Bank  of  Mauritania  opened  with  a  financial  body  designated  by  the

7

Mauritanian authorities, no later than 31 December 2001 for the first year, and the anniversary date of
the Protocol in subsequent years.

Article 6

No later than three months after the anniversary date of the entry into application of this Protocol, the
Mauritanian  Ministry  shall  transmit  to  the  Commission  Delegation  an  annual  report  on  the
implementation of these measures and the results achieved, as well as on any difficulties encountered.

The  Commission  reserves  the  right  to  request  additional  information  on  these  results  from  the
competent national authorities and, if necessary, to review the payments concerned in the light of the
actual implementation of the measures, after holding consultations with the Mauritanian authorities in
the Joint Committee provided for in Article 10 of the Agreement.

Should the Commission not make the payments provided for in Article 2 of this Protocol, Mauritania
reserves the right to suspend application of the Agreement.

Article 7

Article 8

The Contracting Parties shall mutual foster cooperation in the fisheries sector. They shall encourage
the  convergence  of  interests  among  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 authorised catches by their vessels in their entirety and be free
to  decide  upon  their  sale.  However,  the  Contracting  Parties  shall  encourage  their  own  operators
involved in marketing fishery products to establish permanent joint consultation in order to prevent
any competition liable to destabilise the market. The shipowners shall, wherever possible, use port
services and other services supplied by Mauritania.

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 shall be forwarded to the Ministry.

8

Article 11

This Protocol and the  Annexes  thereto  shall enter into  force  on the  date  on  which  the  Contracting
Parties notify each other that the procedures necessary for its implementation have been completed.

It shall apply with effect from 1 August 2001.

9

FISHING DATASHEET No 1

FISHING CATEGORY: FISHING VESSELS SPECIALISING IN CRUSTACEANS OTHER
THAN CRAWFISH

1.

Fishing category:

1.1. North of latitude 19°21 N, outside the zone marked by the following points:

20°46.3 N
20°40 N
20°05 N
19°35.5 N
19°28 N
19°21 N

17°03 W
17°07.5 W
17°07.5 W
16°47 W
16°45 W
16°45 W

1.2. South of latitude 19°21 N: west of the six-mile line from the low-water mark;

2.

Authorised gear:

Bottom shrimp trawl

Doubling of the cod-end is prohibited.

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

Minimum authorised mesh size: 50 mm

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

The  Contracting  Parties  may  decide  by  common  agreement  within  the  Joint
Committee to adjust, increase or reduce the above period of biological recovery.

By-catches: 20% fish and 15% cephalopods

Authorised tonnage/Fees:

3.

4.

5.

6.

01/08/2001 –
31/07/2002

01/08/2002 –
31/07/2003

01/08/2003 –
31/07/2004

01/08/2004 –
31/07/2005

01/08/2005 –
31/07/2006

Authorised tonnage
(GRT) per year
Fees in
EUR/GRT/per year

6000

355

7.

Comments:

-/-

6000

358

6000

361

6000

364

6000

367

10

FISHING DATASHEET No 2

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

1

Fishing zone:

1.1 North of latitude 19°15.6 N, west of the line joining the following points:

20°46.3 N
20°36 N
20°36 N
20°03 N
19°45.7 N
19°29 N
19°15.6 N
19°15.6 N

17°03 W
17°11 W
17°36 W
17°36 W
17°03 W
16°51.5 W
16°51.5 W
16°49.6 W

1.2 South of latitude 19°15.6 N as far as latitude 17°50 N, west of the 18-mile line

from the low-water mark.

1.3 South of latitude 17°50 N: west of the 12-mile line from the low-water mark.

2.

Authorised gear:

- bottom trawl
- bottom trawl for hake

3.

4.

5.

6.

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

Minimum authorised mesh size: 70 mm for the trawl net.

Biological recovery: September - October

The  Contracting  Parties  may  decide  by  common  agreement  within  the  Joint
Committee to adjust, increase or reduce the above period of biological recovery.

By-catches:  25%  fish  for  trawlers  and  50%  fish  for  bottom  longliners;  0%
cephalopods and 0% crustaceans

Authorised tonnage/Fees:

01/08/2001
–
31/07/2002

01/08/2002
–
31/07/2003

01/08/2003
–
31/07/2004

01/08/2004
–
31/07/2005

01/08/2005
–
31/07/2006

Authorised tonnage
(GRT) per year

Fees in EUR/GRT/per

year

8500

154

8500

159

8500

163

8500

167

8500

172

7.

Comments:

(1) This category does not include freezer trawlers

11

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 19.48.5 N: 3 nautical miles from the baseline of Cap Blanc -

Cap Timiris;

1.2 South  of  latitude  19°48.5N  as  far  as  latitude  19°21  N,  west  of  longitude

16°45W

1.3 South of latitude 19.21N: from 3 nautical miles from the low-water mark.

2.

Authorised gear: (1)

– 

– 

– 

– 

– 

longline

fixed gillnets with a maximum depth of 7 m and a maximum length of 100 m.
gillnets made of polyamide monofilaments are authorised

handline

basket

seine for fishing for live bait

3.

4.

5.

6.

Minimum authorised mesh size: 120 mm for the gillnet.

Biological recovery: Two months: September and October

The  Contracting  Parties  may  decide  by  common  agreement  within  the  Joint
Committee to adjust, increase or reduce the above period of biological recovery.

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

Authorised tonnage/Fees:

01/08/2001 –
31/07/2002

01/08/2002 –
31/07/2003

01/08/2003 –
31/07/2004

01/08/2004 –
31/07/2005

01/08/2005 –
31/07/2006

3 300

3.300

3.300

3.300

3.300

174

178

182

186

190

259

263

267

271

275

Authorised
tonnage
(GRT) per
year
Fees in
EUR/GRT/pe
r year
Fees in
EUR/GRT/pe
r year

7.

Comments:

12

(1) Notification  of  the  type  of  fishing  gear  to  be  used  should  be  made  when

applying for the licence.

(2) Gillnets  made  of  polyamide  monofilaments  are  authorised  provided  they  are
not  banned  by  Community  legislation  or  in  the  legislation  of  one  of  the
Member States.
(3)
Seines may be used only to fish for bait for use in line and basket fishing.
(4) Use  of  baskets  is  authorised  for  no  more  than  seven  vessels  of  less  than  80

GRT each.

13

FISHING DATASHEET No 4

FISHING CATEGORY: PELAGIC FREEZER TRAWLERS FISHING FOR DEMERSAL
SPECIES

1

Fishing zone:

1.1 North of latitude 19°15.6 N, west of the line joining the following points:

20°46.3 N
20°36 N
20°36 N
20°03 N
19°45.7 N
19°29 N
19°15.6 N
19°15.6 N

17°03 W
17°11 W
17°36 W
17°36 W
17°03 W
16°51.5 W
16°51.5 W
16°49.6 W

1.2 South of latitude 19°15.6 N as far as latitude 17°50 N, west of the 18-mile line

from the low-water mark.

1.3 South of latitude 17°50 N: west of the 12-mile line from the low-water mark.

2.

Authorised gear: trawl net

Doubling of the cod-end is prohibited.

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

Minimum authorised mesh size: 70 mm

Biological recovery: two months: September and October.

The  Contracting  Parties  may  decide  by  common  agreement  within  the  Joint
Committee to adjust, increase or reduce the above period of biological recovery.

By-catches: 10% of which a maximum of 5% shrimp and  5%  squid and cuttlefish
(0% octopus)

Authorised tonnage/Fees:

01/08/2001 –
31/07/2002

01/08/2002 –
31/07/2003

01/08/2003 –
31/07/2004

01/08/2004 –
31/07/2005

01/08/2005 –
31/07/2006

3.

4.

5.

6.

Authorised tonnage
(GRT) per year
Fees in
EUR/GRT/per year

4000

203

7.

Comments:-/-

4000

207

4000

211

4000

215

4000

219

14

FISHING DATASHEET No 5

FISHING CATEGORY: CEPHALOPODS

1.

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

North of latitude 19°15.6 N, outside the zone marked by the following points:

20°46.3 N
20°40 N
19°57 N
19°28.2 N
19°18.5 N
19°18.5 N
19°15.6 N

17°03 W
17°07.5 W
17°07.5 W
16°48 W
16°48 W
16°40.5 W
16°38 W

South of latitude 19°15.6 N as far as latitude 17°50 N, west of the 9-mile line from
the low-water mark.

South of latitude 17°50 N: west of the 6-mile line from the low-water mark.

2.

Authorised gear:

bottom trawl

Doubling of the cod-end is prohibited.

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

Minimum authorised mesh size: 70 mm

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

The  Contracting  Parties  may  decide  by  common  agreement  within  the  Joint
Committee to adjust, increase or reduce the above period of biological recovery.

By-catches:

- / -

Authorised tonnage/Fees:

3.

4.

5.

6.

Authorised tonnage
(GRT) per year
Number of vessels
Fees in
EUR/GRT/per year

01/08/2001 –
31/07/2002

01/08/2002 –
31/07/2003

01/08/2003 –
31/07/2004

01/08/2004 –
31/07/2005

01/08/2005 –
31/07/2006

16.500

16.500

16.500

16.500

16.500

55

447

55

450

55

453

55

456

55

459

7.

Comments:

(1)

The authorised tonnage (GRT) may vary by a maximum of 2%

15

FISHING DATASHEET No 6

FISHING CATEGORY: CRAWFISH

1.

Fishing zone:

1.1

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

1.2

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

Authorised gear: pots

Minimum authorized mesh size:

-/-

Biological recovery: two months: September and October.

The  Contracting  Parties  may  decide  by  common  agreement  within  the  Joint
Committee to adjust, increase or reduce the above period of biological recovery.

By-catches: 0%

Authorised tonnage/Fees:

2.

3.

4.

5.

6.

01/08/2001 –
31/07/2002

01/08/2002 –
31/07/2003

01/08/2003 –
31/07/2004

01/08/2004 –
31/07/2005

01/08/2005 –
31/07/2006

Authorised tonnage
(GRT) per year
Fees in
EUR/GRT/per year

200

315

7.

Comments:

-/-

200

321

200

327

200

333

200

339

16

FISHING DATASHEET No 7

FISHING CATEGORY: FREEZER TUNA SEINERS

1.

Fishing zone:

1.1

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

1.2.

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

Authorised gear:

- seine

Minimum authorised mesh size: recommended ICCAT standard

Biological recovery: -/-

By-catches: 0%

Number of vessels/Fees:

2.

3.

4.

5.

6.

01/08/2001 –
31/07/2002

01/08/2002 –
31/07/2003

01/08/2003 –
31/07/2004

01/08/2004 –
31/07/2005

01/08/2005 –
31/07/2006

Number of vessels
authorised to fish
Advance in
EUR/vessel/per year

36

1.250

7.

Comments:

-/-

36

1.250

36

1.250

36

1.250

36

1.250

17

FISHING DATASHEET No 8

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

1.

Fishing zone:

1.1

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

1.2.

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

2.

3.

4.

5.

6.

Authorised gear:

Pole-and-line and surface longlines

Minimum authorized mesh size:

-/-

Biological recovery: -/-

By-catches: 0%

Number of vessels/Fees:

01/08/2001 –
31/07/2002

01/08/2002 –
31/07/2003

01/08/2003 –
31/07/2004

01/08/2004 –
31/07/2005

01/08/2005 –
31/07/2006

Number of vessels
authorised to fish
Advance in
EUR/vessel/per year

31

2.500

31

2.500

31

2.500

31

2.500

31

2.500

7.

Comments:

Live-bait fishing:

7.1 Fishing zone authorised for live-bait fishing:

north of latitude 19.48.5 N: 3 nautical miles from the baseline of Cap Blanc -
Cap Timiris;
South of latitude 19°48.5 N as far as latitude 19°21 N, west of longitude 16°45
W
South of latitude 19°21 N: from 3 nautical miles from the low-water mark.

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

7.3

In accordance with the relevant ICCAT and FAO recommendations, fishing for
the  basking  shark  (Cetorhinus  maximus),  white  shark  (Carcharodon
carcharias), sand tiger shark (Carcharias taurus) and tope shark (Galeorhinus
galeus) is prohibited.

18

FISHING DATASHEET No 9

FISHING CATEGORY: PELAGIC FREEZER TRAWLERS

1.

Fishing zone:

1.1. North of latitude 19°21 N, outside the zone marked by the following points:

20°46.3
20°36
20°36
19°57
19°45.7
19°29
19°21

N
N
N
N
N
N
N

17°03 W
17°11 W
17°24.1 W
17°24.1 W
17°03 W
16°51.5 W
16°45 W

2.

3.

4.

5.

6.

1.2. South of latitude 19°21 N as far as 17°50 N: from 13 nautical miles from the

low-water mark.

1.3. South of latitude 17°50 N as far as 16°04 N: from 12 nautical miles from the

low-water mark.

Authorised gear: Pelagic trawl

Minimum authorised mesh size:

40 mm

Biological recovery: -/-

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

Authorised tonnage/Number of vessels/Fees:

01/08/2001 –
31/07/2002

01/08/2002 –
31/07/2003

01/08/2003 –
31/07/2004

01/08/2004 –
31/07/2005

01/08/2005 –
31/07/2006

Number of vessels
authorised to fish at
the same time
Fees in
EUR/GT/month

15

2,5

15

2,5

15

2,5

15

2,5

15

2,5

7.

Comments: The vessels fall into three categories:

– 

– 

– 

Category  1: gross tonnage of less  than  or  equal  to  3 000  GT;  ceiling:  12.500
T/vessel/year.

Category  2:  gross  tonnage  of  more  than  5 000  GT  but  less  than  or  equal  to
8 000 GT; ceiling: 17.500 T/vessel/year.

Category  3:  gross  tonnage  of  more  than  5 000  GT  but  less  than  or  equal  to
9 500 GT; ceiling: 22.500 T/vessel/year.

During  the  first  year  of  application  of  this  protocol,  the  Contracting  Parties  shall
examine the possibility of including under this Agreement fishing by vessels of more
than  9 500  GT  which  have  already  fished  in  the  Mauritanian  EEZ  before  31  July
2001.

The  decision  will  be  taken  on  the  basis  of  the  situation  of  stocks,  their  rational
exploitation, the technical characteristics of the vessels, the history of those vessels

19

in  Mauritania's  EEZ  and  taking  account  of  the  benefits  for  Mauritania  of  allowing
these vessels into its zone.

20

ANNEX I

CONDITIONS FOR THE EXERCISE OF FISHING ACTIVITIES BY COMMUNITY
VESSELS IN MAURITANIA'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.

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.

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

Before  the  end  of  2003,  the  Contracting  Parties,  acting  in  the  Joint  Committee,
undertake to replace all references to GRT with GT  and to adapt all the provisions
affected  thereby  accordingly.  This  replacement  will  be  preceded  by  appropriate
technical consultations between the parties.

3.

4.

5.

CHAPTER II

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.

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

21

obligations  arising  from  their  fishing  activities  in  Mauritania  under  fisheries
agreements concluded with the Community.

2.

Licence applications

2.1. For  licences  for  ocean-going  freezer  trawlers,  the  Commission  shall  submit
applications  to  the  Fisheries  Ministry  at  least  eight  days  before  the  start  of
fishing  operations  accompanied  by  the  documents  attesting  to  the  technical
characteristics. For all other types of licence, the Commission shall submit to
the Ministry quarterly lists of the vessels wishing 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.

2.2. These 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  contained  in  the  register  of  Community  fishing  vessels  may  be
made until that register itself has been updated.

2.3. 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  in  a  format  compatible  with  software  used  by  the
Ministry.

2.4. 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 above.

2.5.

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 ten days before the start
of their period of validity. That deadline shall be five days in the case of ocean-
going vessels. The licences may be obtained from the offices 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  vessel's  technical  characteristics,  the  number  of  Mauritanian
seamen and the payment references of the fees.

22

3.3. Fishing licences may be issued only for vessels which have complied with all

the administrative formalities required for the issue of licences.

3.4 The Commission 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.

4.

Validity and utilisation of licences

4.1. 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 periods of three, six or twelve months. They shall
be renewable.

Licences for ocean-going trawlers may be issued for one month.

The  period  of  validity  of  licences  shall  be  determined  on  the  basis  of  the
following annual periods:

first period:
from 1 August 2001 to 31 December 2001
second period: from 1 January 2002 to 31 December 2002
from 1 January 2003 to 31 December 2003
third period:
fourth period: from 1 January 2004 to 31 December 2004
from 1 January 2005 to 31 December 2005
fifth period:
from 1 January 2006 to 31 July 2006
sixth period:

Licences may not start running during one annual period and expire during the
next.

4.2. 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
authorised 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 III

FEES

23

1.

2.

3.

Fees shall be calculated for each vessel on the basis of the annualised rates laid down
in the fishing datasheets included in the Protocol. In the case of three-month and six-
month licences, the fees shall be calculated on a pro rata basis according to the length
of time, plus 3% and 2% respectively.

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 October,
1 January, 1 April or 1 July, except for the first period of the Protocol, commencing
on 1 August 2001.

CHAPTER IV

Methods of payment

1.

Payments shall be made in euro 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 Ministry;

(c)

fines

– 

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

2.

The amounts referred to in point 1 above 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

1.

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  period  elapsing  between  entering  Mauritania's  fishing  zone  and  a
transhipment;

or the period elapsing between entering Mauritania's fishing zone and a landing
in Mauritania.

2.

Fishing log

24

2.1. Masters of vessels shall make a daily record of all the operations specified in
the fishing log  as shown in the model  attached  as Appendix 2 to this Annex.
This  document  must  be  completed  legibly  and  signed  by  the  master  of  the
vessel.  For  vessels  fishing  for  highly-migratory  species,  Chapter  XIV  of  this
Annex shall apply.

2.2. Fishing  logs  from  which  entries  have  been  omitted  or  which  contain  invalid

information shall be deemed not to have been duly kept.

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 points 2.1, 2.2 or 2.3 above 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  authorised  transhipment,  the  shipowner  shall  immediately
send the original of the fishing log annex to the surveillance authorities.

3.4. Failure  to  comply  with  points  3.1,  3.2  or  3.3  above  shall  entail  automatic

suspension of the fishing licence until the shipowner has met such obligations.

4.

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

vessel and by species.

5.

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 marine resources.

25

CHAPTER VI

By-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.

Where  these  percentages  exceed  the  authorised  by-catches,  penalties  shall  be
imposed in accordance with Mauritanian law and may result in the complete banning
of the offenders, both masters and 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 VII

Landings in Mauritania

Vessels  shall  not  be  obliged  to  land  fishery  products,  except  in  the  case  of  the  compulsory
landings provided for below:

Category 4 vessels, i.e. demersal trawlers, shall be obliged to land catches as follows:

1st year of the Protocol:

8 landings

2nd year of the Protocol:

11 landings

3rd year of the Protocol:

14 landings

4th year of the Protocol:

17 landings

5th year of the Protocol:

20 landings

GENERAL CONDITIONS AND FINANCIAL INCENTIVES

1.

2.

3.

Landings  shall  be  made  at  the  Mauritanian  port  of  Nouadhibou.  Shipowners  shall
choose  the landing dates.  They  shall  inform  the  Mauritanian  port  authorities  of  the
chosen date by fax 72 hours before their expected arrival at the port, indicating the
estimated total quantity to be landed. The port authorities shall confirm by fax within
24 hours, to the shipowner or agent, that the landing operations can take place within
24 hours of the vessel's arrival in port. Where the port authorities fail to confirm the
landing  notification  within  the  deadline  laid  down,  the  landing  obligation  of  the
vessel concerned shall be deemed to have been fulfilled.

Landing operations must have been completed within 24 hours following a  vessel's
arrival  in  port,  failing  which  the  vessel  shall  be  entitled  to  leave  the  port  and  its
landing obligation shall be deemed to have been fulfilled. A certificate equivalent to
the certificate provided for in point 3 below must be issued to the master.

At the end of landing operations, the competent port authorities shall issue a landing
certificate to the master.

26

4.

5.

6.

7.

8.

9.

If the number of landings provided for in this Protocol has not been achieved by the
end of the third quarter of a given year, the Commission shall notify the Ministry of
the list of vessels which are due to make landings during the fourth quarter when it
makes its application for licences for that quarter.

Where a vessel included in the list referred to in point 4 is unable to make a landing,
it  may  either  defer  its  landing  to  a  subsequent  trip  or  arrange  to  be  replaced  by
another vessel in the same category. The Commission must be notified immediately
to that effect, and shall inform the Ministry forthwith.

Any vessel failing to comply with the point of exit and to fulfil its landing obligation
shall be penalised in accordance with Chapter I of Annex II to this Protocol.

Deep-sea fishermen shall be entitled to free transit with a seaman's licence.

Community  vessels  making  landings  at  Nouadhibou  shall  have  their  licence  fees
reduced for the period during which the landings are made. That reduction shall be
25% of the cost of the current licence.

Detailed rules: Copies of the landing certificate(s) for the landing operations carried
out by the vessel concerned shall be transmitted to the Delegation. When submitting
a new licence application for that vessel, the Delegation shall send the Ministry the
copies of the certificates together with a request for reduction of the fees. Unless the
Ministry  decides  otherwise,  the  reduction  shall  be  applied  automatically  to  the
amount of the fee for the new licence.

Before the end of the first three months of application of this Protocol, the Ministry
shall send the following information to the Delegation:
the general rules on landings, including port charges,
the establishments approved under the relevant Community regulations,
the bonded warehouses,
the maximum size and number of vessels which can have access to them;
storage conditions and capacity for fresh, chilled and deep-frozen (-22°C) products;
means and frequency of transport to bring fresh fishery products to external markets;
average supply prices and terms (fuel, provisions, etc.);
radio call sign, telephone and fax numbers, telex addresses, working hours of the port
authorities' offices;
any other information which can facilitate landing operations.

TAX AND FINANCIAL CONDITIONS

Community vessels landing at Nouadhibou shall be exempt from all taxes or charges having
an  equivalent  effect  other  than  port  fees  and  charges  which  apply  on  the  same  terms  to
Mauritanian vessels.

The fishery products landed shall be under customs control arrangements in accordance with
Mauritanian  legislation.  They  shall  therefore  be  exempt  from  all  customs  procedures  and
duties or charges having an equivalent effect when they enter the Mauritanian port or  at the
time of export, and shall be treated as 'temporarily-admitted goods' (temporary storage).

Shipowners  shall  decide  on  the  destination  of  the  their  vessels'  production.  It  may  be
processed, stored under customs control, sold in Mauritania or exported (in foreign currency).

27

Sales in Mauritania intended for the Mauritanian market shall be subject to the same charges
and levies as Mauritanian fishery products.

Profits  may  be  exported  without  additional  charges  (exemption  from  customs  duties  and
charges having an equivalent effect).

Vessels  not  covered  by  the  obligation  to  land  under  this  Protocol  but  which  nevertheless
choose to land catches in Mauritania shall receive favourable treatment.

CHAPTER VIII

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

–

4 seamen on vessels of less than 200 GRT;

– 

– 

– 

– 

5 seamen on vessels of at least 200 and less than 250 GRT;

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

7 seamen on vessels of at least 300 and less than 350 GRT;

vessels of  350 GRT  or more  shall take on board  a  number  of  seamen

equivalent to 35% of the crew, but not less than 7.

1.2 Shipowners shall endeavour to take on board additional Mauritanian seamen.

1.3 Shipowners  shall  be  free  to  choose  the  Mauritanian  seamen,  officers  and

trainee officers to take on board their vessels.

The  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. To avoid discrimination, 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, and
shall entrust equivalent tasks to, 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.

2.

3.

4.

5.

28

6.

7.

1.

2.

3.

4.

5.

1.

2.

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 penalised
in  accordance  with  Mauritanian  law  and  may  entail  the  suspension  or  definitive
withdrawal of the licence in case of repeated offending.

CHAPTER IX

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, all Community vessels 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.

As  an  exception  to  the  previous  paragraph,  the  technical  inspection  procedures
applying  to  tuna  vessels,  surface  longliners  and  freezer  trawlers  fishing  for  pelagic
species shall be as laid down in Chapters XIV and XV of this Annex.

Once the inspection has been completed satisfactorily, the captain of the vessel shall
be  issued  with  a  certificate  having  the  same  period  of  validity  as  the  licence  and
which shall be automatically extended in the case of vessels  renewing their licence
within  the  year.  However,  the  maximum  validity  may  not  exceed  one  year.  This
certificate must be kept on board at all times.

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

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

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

CHAPTER X

Vessel identification

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

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

29

CHAPTER XI

Suspension or withdrawal of licences

Where  the  Mauritanian  authorities  decide  to  suspend  or  definitively  withdraw  the  licence  of  a
Community vessel, in application of this Protocol and Mauritanian law, the master of that vessel shall
cease fishing activities and make for the port of Nouadhibou. On 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.

CHAPTER XII

Other infringements

1.

2.

Except for the cases specifically provided for in this Protocol, all other infringements
shall be penalised in accordance with Mauritanian law.

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 XIII

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 VII of Annex II.

CHAPTER XIV

Provisions relating to vessels fishing highly migratory species

(tuna vessels and surface longliners)

1.

As  an exception  to  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  authorised  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.

Before  receiving  its  licence,  each  vessel  must  be  presented  for  the  inspections
required  by  the  legislation  in  force.  As  an  exception  to  Chapter  IX  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.

30

3.

4.

5.

6.

The fee to be paid by the shipowner shall be set at EUR 25 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.

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.

For  periods  when  a  vessel  is  not  in  Mauritanian  waters,  the  words  "Outside
Mauritania's EEZ" shall be entered in the abovementioned log-book.

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.

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,  for
forwarding 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  Recherche  pour  le
Développement (IRD), the Instituto Español de Oceanografía (IEO) and the Insituto
Português  de  Investigacão  Marítima  (IPIMAR),  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.

As an exception to Chapter I of Annex II, vessels shall be obliged within three 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.

31

8.

9.

1.

2.

3.

4.

5.

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.

As an exception to Chapter VIII of this Annex, tuna seiners shall endeavour to sign
on at least one Mauritanian seaman per vessel while pole-and-line tuna vessels must
sign  on  three  Mauritanian  seamen  per  vessel  for  the  duration  of  the  voyage.  This
includes officers, trainee officers and scientific observers.

As  an  exception  to  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 XV

Rules on ocean-going freezer trawlers

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.

As an exception to Chapter IX 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  all  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 EUR 19 to the Mauritanian public treasury for  each
tonne caught in excess of the ceiling fixed by type of vessel. Declarations of  catch
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.

As  an  exception  to  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.

As  an  exception  to  Chapter  VIII  of  this  Annex,  for  the  first  three  years  of  the
Protocol vessels must sign on at least the following numbers of Mauritanian seamen:

– 

– 

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

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

For the last two years of the Protocol, those figures shall be increased by one.

32

6.

7.

8.

Shipowners must take all appropriate measures to transport the Mauritanian seamen
and scientific observers at their expense.

At least 15 transhipments shall be carried out in Mauritania's territorial waters each
year,  in  accordance  with  the  procedure  set  out  in  Chapter  III  of  Annex  II  to  the
Protocol.

If an offence is detected during an inspection, the master shall sign the statement to
that effect.  As an exception  to point  2  of Chapter VII 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.

33

Appendix 1

MAURITANIA - EUROPEAN COMMUNITY FISHING AGREEMENT

APPLICATION FORM FOR A FISHING LICENCE

I- APPLICANT

1.

2.

3.

4.

5.

Name of shipowner: ..................................................................................................................................................

Name of the shipowner's association or representative: ..........................................................................................

Address of the shipowner's association or representative: ..........................................................................................

...................................................................................................................................................................................

Telephone: ........................................... Fax:...................................

Telex:.............................................

Master's name: ..................................................................................

Nationality:.....................................

II-VESSEL:

1.

2.

3.

4.

5.

6.

7.

Name of vessel: .......................................................................................................................................................

Flying the flag of: ..........................................................................................................................................

External registration number: ...............................................................................................................................

Home port:................................................................................................................................................................

Year and place of construction: .......................................................................... ...........................................................

Radio call sign: ..................................

Call frequency: ............................................................

Hull construction material:

Steel (cid:1)

Wood (cid:1)

Polyester (cid:1)

Other (cid:1)

III-TECHNICAL CHARACTERISTICS AND EQUIPMENT

1.

2.

3.

4.

5.

6.

7.

8.

9.

Overall length ..............................................

Width: .............................................................................

Tonnage (expressed in GRT): ...................................................................................................................................

Horse power of main engine: ...............

Make: .............................

Type: ...................

Type of vessel: .................................................

Fishing category: .........................................................

Fishing gear: ......................................................................................................................................................

Crew complement: ...........................................................................................................................

Method of conservation on board:

Fresh (cid:1)

Cold storage (cid:1)

Mixed (cid:1)

Freezing (cid:1)

Freezing capacity in tonnes/24 hours: ................................................................................................

Hold capacity: .................................................

Number: ...........................................................

Done at .............................................................., on .............................

Signature of applicant: ...................................................................

34

H
E
A
D
I
N
G
No 1

Date

Statisti
cal
sector

HEADING No 2
Number
of
fishing
operatio
ns

Fishing
time
(hours)

(13)

(12)

(14)

(15)

ISLAMIC REPUBLIC OF MAURITANIA
FISHING LOG

Appendix 2

Name of vessel (1) ……………………………..

Left (4) ……………….

Date (6)

Radio call sign (2)………………………………

Master's name (3) ……………………………..

Returned (5) ………………...

Date (6)

Day

Month

Year

Hour

Fishing gear (7)

Gear code (8)

Mesh size (9)

Gear measurements (10)

Master's signature (11)

HEADING No 4

Total
Weight
of fish
(kg)

Total
Weight
of catch
(kg)

(17)

(18)

Total
weight
of fish
meal
(kg)
 (19)

Horse
mack-
erel
A

Craw-
fish
B

HEADING No 3: Delete list A or B (whichever is unused)

Estimate of quantities caught per species (in kg) (16)

Sardines

Sardin
-ellas

Anch-
ovy

Mack-
erel

Scab-
ard-
ishes

(or comments if fishing is interrupted)
Hake

Tunas

Squid

Red
bream

Cuttle-
fish

Octopus Shrimps Prawns Other
fishes

Deep-
water
shrimps

Deep-
water
rose
shrimp

Blue-
and-red
shrimp

Other
shrimp

Alba-
core

Pink
spiny
lobster

Other
crust-
aceans

Rough
ray

Hake

Other
fish

Misc.
cephalo-
pods

Misc.
shells

35

ISLAMIC REPUBLIC OF MAURITANIA
LANDING/TRANSHIPMENT DECLARATION

Appendix 3

(A)
………………..……..

Name 

of 

vessel 

(1)

Left (4)……………….

Date (6)

Call sign (2) ………………....……

Master's name (3) ………………..…….. Returned (5)………………...

Date (6)

Nationality

Call sign

Name of receiving vessel

Day

Mont
h

Year

Hour

GIVE WEIGH IN KG

Species

(B)

Commercial
grade
(C)

Presentation

Net weight

Selling price

Currency

Species

(D)

(E)

(F)

(G)

(B)

Commercial
grade
(C)

Presentation

Net weight

Selling price

Currency

(D)

(E)

(F)

(G)

Name of the master of the vessel

36

37

Appendix 4

ICCAT LOGBOOK FOR TUNA FISHERY

Vessel name:……………………………………………………………………

Flag Country:
……………………………………………………………………...........................

Gross Tons:
………………………………………………….............................
Capacity - (MT): ……………………………………………..

Boat LEFT:

Month Day

Year

Port

Registration No: ……………………………………………………………….

Captain: ………………………………………………………..

Company of owner: …………………………………………………………

Address: ………………………………………………………………………….

No of Crew:
….…………………………………………………........................
Reporting Date: ……………………………………………….

Boat RETURNED

(Reported by):
……………………………………………….................................

No of days at sea:

No of fishing days

No of sets made:

Trip Number:

Longline

Live bait

Purse Seine

Trawling

Others

Date

Area

Month

Day

S
/
N
e
d
u
t
i
t
a
L

/

W
E
e
d
u
t
i
g
n
o
L

Surf.
Water
Temp.
(ºC)

Effort

Bluefin Tuna

No of hooks
used

Thunnus
Thynnus or
maccoyii

Catches

Yellowfin Tuna

(Bigeye Tuna)

(Albacore)

(Sworfish)

Thunnus
albacares

Thunnus
obesus

Thunnus
alalunga

Xiphias
gladius

(Striped marlin)
(White Marlin)

Tetraptunus
Audax or albidus

(Black Marlin)

(Sailfish)

Skipjack

Makaira
indica

Istiophorus albicane
or platypterus

Katsuwonus
pelamis

(Miscellaneous Fishes)

No Weigh

No

kg

No

kg

No

kg

No

kg

No

kg

No

kg

No

kg

No

kg

No

kg

t
kg

Isco usado na pesca
(Bait used)

y
r
u
a
S

d
i
u
q
S

t
i
a
b

e
v
i
L

(Others)

Daily Total

(weight in kg
only)

No

kg

LANDING WEIGHT (IN KG)
Remarks

1 - Use one sheet per month, and one line per day.

3 - "Day" refers to the day you set the line

2 - At the end of each trip forward a copy of the log to your correspondent
or to ICCAT, General Mola 8, Madrid 28002. Spain

4 - Fishing area refers to the position of the  boat. Round off  minutes and  record
degree of latitude and longitude. Be sure to record N/S and E/W.

5 - The bottom line -landing weight- should be completed only at the end of each trip. Actual
weight at the time of unloading should be recorded

6 - All information reported herein will be kept strictly confidential

38

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

3.

The notification referred to in point 2 above 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 exit,

the  amount  and  species  of  catch  held  on  board  at  that  time,  where  vessels  have
previously  stated  that  they  hold  a  fishing  licence  for  another  fishing  zone  in  the
subregion, in which case the 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.

(b) Exit

39

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,

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

4.

5.

6.

7.

8.

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

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 above 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,

40

– 

– 

– 

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.

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 utilised.

Chapter III

Transshipment

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 below.

The  owners  of  such  vessels  shall  notify  the  surveillance  authorities  at  least  24  hours
beforehand,  using the  means of  communications 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 log annex and state whether they intend  to continue fishing  or  leave  Mauritania's
fishing zone.

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

1.

2.

3.

4.

5.

41

Chapter IV

Inspection and monitoring

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.

Once the inspection has been completed, a certificate shall be issued to the captain of the
vessel.

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

42

Chapter V

Mauritanian scientific observers on board Community vessels

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

1.

2.

3.

4.

5.

6.

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  on  board  a  vessel  by  a  scientific  observer  shall  be  the  length  of  a  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.

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

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.

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

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

Observers shall be offered every facility needed to carry out their duties. The master shall
give them access to the means of communication needed for the discharge of their 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 their tasks as observer.

Observers  shall  normally  board  (and  disembark)  at  a  Mauritanian  port  at  the  start  of  the
first trip, following notification of the list of designated vessels, which must take place at
least 20 before the beginning of the trip.

43

Within 15 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 taking on the observer.

Observers must report to the master of the designated vessel the day before the proposed
date of 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  EUR  3.5  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.

The owners of ocean-going vessels shall pay a contribution of EUR 350 per month and per
vessel to the cost of scientific observers, regardless of whether an observer is on board.

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.

7.

8.

9.

10.

Scientific observers should have:

– 

– 

– 

a professional qualification,

adequate fisheries experience, and

a thorough understanding of this Protocol and the Mauritanian rules applicable.

11.

Scientific observers shall ensure that Community vessels operating in Mauritania's fishing
zone comply with the terms of this Protocol.

They shall compile a report on this subject. In particular, they 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
Protocol.

44

13.

Scientific observers shall:

– 

– 

– 

take all appropriate steps to ensure that the conditions of their boarding and presence
on the vessel neither interrupt nor hamper fishing operations,

use  the  instruments  and  procedures  approved  for  measuring  the  mesh  size  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, observers shall draw up
a report in accordance with the model in Appendix 2 to this Annex. They shall sign such
reports  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.

Where 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.

Where the port of disembarkation is 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 observe the controls and inspections carried out by the national inspection authorities in
order to ensure compliance with the provisions of the Protocol.

2.

Status of observers

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

45

This observer should have:

– 

– 

– 

a professional qualification,

adequate fisheries experience, and

thorough knowledge of the provisions of the Agreement and of this Protocol.

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.

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.

46

5.

Confidentiality

The  observer  shall  respect  the  plant  and  equipment  on  board  the  vessel,  and  any  other
installations, and also the confidentiality of all documents to which access is provided.

The observer shall disclose information on the results of the work solely to the competent
authorities.

6.

Location

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

7.

Financing

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

Chapter VII

Boarding and application of penalties

1.

Transmission of information

The Ministry shall inform the Delegation within 48 hours of any boarding of or application
of a penalty to 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.

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

3.

Settlement of boarding

3.1.

3.2.

In accordance with this Protocol 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  legislation  laying  down  minimum  and  maximum
figures.

47

3.3.

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

3.4. The  bank  security  shall  be  irrevocable  until  the  legal  proceedings  have  been
concluded. It shall be released by the Ministry once legal 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 authorised 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 the legal proceedings.

Chapter VIII

Discarding at sea

The Contracting Parties shall look into the problem of discards from fishing vessels and shall examine ways
of making use of them.

Chapter IX

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.

__________

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Appendix 1

MAURITANIA - EUROPEAN COMMUNITY FISHING AGREEMENT

ADDRESS OF THE SURVEILLANCE AUTHORITIES

1.

2.

3.

4.

Address:

Boîte Postale (BP) 260 Nouadhibou

Mauritania

Telephone:

(222) 574 57 01 / 574 56 26

Fax:

(222) 574 63 12 / 574 90 94

E-mail :

dspcm@toptechnology.mr

49

Appendix 2

EUROPEAN COMMUNITY - MAURITANIA FISHERIES AGREEMENT

REPORT OF THE MAURITANIAN SCIENTIFIC OBSERVER

Name of observer:...............................................................................

Vessel: ............................................. Nationality:................................
Number and port of registration:..............................................................
Identity marking: ..........................., tonnage : .................... GT Power:...................HP
Licence:...................... No:............ Type:...............................................
Master's name: .............................................. Nationality:..............................................................

Boarded: date:....................................................., Port: ....................................................
Disembarked: date:........................................................ , Port: .........................................

Authorised 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
Overall production (kg): ....................., Overall production (kg): .................. ....................., declared
on............ GT
By-catches: species .............................................., estimated: ............. %
Discards: species:................................................., Quantity .............. (kg): .......................
Species retained
Quantity (kg)
Species retained
Quantity (kg)

Observer's findings
Nature of findings

date

position

50

Observer's comments (general) ................................................................
............................................................................................................................................
............................................................................................................................................
............................................................................................................................................

Done at .............................................................., on .............................

Observer's signature

Master's comments...............................................................................
Copy of report received (date).....................

Master's signature....................

Report forwarded to ...........................................................................
Quality: ..........................................................................................

51

AGREEMENT

in the form of an Exchange of Letters concerning the provisional application of the
Protocol setting out the fishing opportunities and the financial contribution provided for
in the Agreement on cooperation in the sea fisheries sector between the European
Community and the Islamic Republic of Mauritania for the period 1 August 2001 to 31
July 2006

A.

Letter from the Government of the Islamic Republic of Mauritania

Sirs,

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

"With  reference  to  the  Protocol  setting  out  the  fishing  opportunities  and  the  financial
contribution provided for in the Agreement on cooperation in the sea fisheries sector between
the  European  Community  and  the  Islamic  Republic  of  Mauritania  for  the  period  1  August
2001 to 31 July 2006, initialled in Brussels on 31 July 2001, I have the honour to inform you
that  the  European  Community  is  prepared to apply the  Protocol  on  a  provisional  basis  with
effect from 1 August 2001, pending its entry into force, provided that the Islamic Republic of
Mauritania is disposed to do the same.

This is on the understanding that the first instalment of the financial consideration specified in
Article 2 of the Protocol is paid no later than 31 December 2001, in accordance with Article 3
of the Protocol. However, the Community shall do its utmost to act sooner.

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

I have the honour  to  confirm that the above  is acceptable to  the Government of  the  Islamic
Republic  of  Mauritania  and  that  your  letter  and  this  letter  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

52

B.

Letter from the European Community

Sir,

With  reference  to  the  Protocol  setting  out  the  fishing  opportunities  and  the  financial
contribution provided for in the Agreement on cooperation in the sea fisheries sector between
the  European  Community  and  the  Islamic  Republic  of  Mauritania  for  the  period  1  August
2001 to 31 July 2006, initialled in Brussels on 31 July 2001, I have the honour to inform you
that the European  Community  is  prepared  to apply the  Protocol  on  a  provisional  basis  with
effect from 1 August 2001, pending its entry into force, provided that the Islamic Republic of
Mauritania is disposed to do the same.

This is on the understanding that the first instalment of the financial consideration specified in
Article 2 of the Protocol is paid no later than 31 December 2001, in accordance with Article 3
of the Protocol. However, the Community shall do its utmost to act sooner.

I should be obliged if you would acknowledge receipt of this letter and confirm that you are in
agreement with its contents.

On behalf of the Council of the European Union

53