Proposal for a Council Regulation on the conclusion of the Agreement in the form of an Exchange of Letters concerning the extension of the Protocol setting out the fishing opportunities and financial contribution provided for in the Agreement between the European Economic Community and the Government of Mauritius on fishing in Mauritian waters for the period 3 December 2002 to 2 December 2003
Date: 2003-05-07
Institutions: European Commission
Subjects: Mauritius, financial compensation of an agreement, fishing agreement, international negotiations, protocol to an agreement

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 07.05.2003
COM(2003) 202 final

2003/0074 (CNS)

Proposal for a

COUNCIL REGULATION

on the conclusion of the Agreement in the form of an Exchange of Letters concerning
the extension of the Protocol setting out the fishing opportunities and financial
contribution provided for in the Agreement between the European Economic
Community and the Government of Mauritius on fishing in Mauritian waters for the
period 3 December 2002 to 2 December 2003

(presented by the Commission)

EXPLANATORY MEMORANDUM

The  Protocol  to  the  Fisheries  Agreement  between  the  European  Community  and  the
Government  of  Mauritius  expired  on  2  December  2002.  Mauritius  was  unable  to  obtain  by
that date scientific opinions and reports which it was awaiting regarding certain aspects of its
fisheries  sector.  In  view  of  the  importance  of  these  reports,  Mauritius  considered  that  the
negotiations on the amendments to be made to the Protocol to the Fisheries Agreement could
not be held until these reports had been obtained.

The  two  parties  accordingly  decided  to  extend  for  another  year,  from  3  December  2002  to
2 December 2003, the Protocol which was about to expire. This extension, in the form of an
Exchange of Letters, was initialled by the two Parties on 21 November 2002 and sets out the
technical  and  financial  conditions  governing  the  fishing  activities  of  Community  vessels  in
Mauritian waters for the period from 3 December 2002 to 2 December 2003.

The Commission proposes on this basis that the Council adopt the Agreement in the form of
an Exchange of Letters on the extension of the Protocol.

A  proposal  for  a  Council  Decision  on  the  provisional  application  of  the  Agreement  in  the
form  of  an  Exchange  of  Letters  concerning  the  extension  pending  its  definitive  entry  into
force is the subject of a separate procedure.

2

2003/0074 (CNS)

Proposal for a

COUNCIL REGULATION

on the conclusion of the Agreement in the form of an Exchange of Letters concerning the
extension of the Protocol setting out the fishing opportunities and financial contribution
provided for in the Agreement between the European Economic Community and the
Government of Mauritius on fishing in Mauritian waters for the period 3 December 2002
to 2 December 2003

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 37
in conjunction with Article 300(2) and the first subparagraph of Article 300(3) thereof,

Having regard to the proposal from the Commission1,

Having regard to the opinion of the European Parliament2

Whereas:

(1)

(2)

(3)

(4)

1

2

3

4

5

In  accordance  with  Article  12(3)  of  the  Agreement  between  the  European  Economic
Community  and  the  Government  of  Mauritius  on  fishing  in  Mauritian  waters3,  the
Contracting Parties must enter into negotiations, before the end of the period of validity
of the Protocol to the Agreement, in order to determine by common accord the terms of
the Protocol for the following period and, where appropriate, any necessary amendments
or additions to the Annex.

Since, in the absence of information  which  it was  awaiting,  Mauritius  was not  ready to
begin the negotiations, the two Parties decided to extend the existing Protocol4 approved
by Regulation (EC) No 444/20015 for a period of one year by means of an Agreement in
the form  of an Exchange  of  Letters, pending the  negotiations  on  the  amendments  to  be
made to the Protocol.

It is in the Community's interest to approve that extension.

The  allocation  of  the  fishing  opportunities  among  the  Member  States  should  be
confirmed,

OJ C […] […] p. […]
Opinion delivered on
OJ L 159, 10.6.1989, p. 2.
OJ L 180, 19.7.2000, p. 30.
OJ L 64, 6.3.2001, p. 1.

(not yet published in the Official Journal).

3

                                                
HAS ADOPTED THIS REGULATION:

Article 1

The Agreement in the form of an Exchange of Letters concerning the extension of the Protocol
setting  out  the  fishing  opportunities  and  financial  contribution  provided  for  in  the  Agreement
between  the  European  Economic  Community  and  the  Government  of  Mauritius  on  fishing  in
Mauritian waters  for  the  period  3  December  2002  to  2  December  2002  is  hereby  approved  on
behalf of the European Community.

The text of the Agreement is attached to this Regulation.

Article 2

The fishing opportunities fixed in Article 1 of the Protocol shall be allocated among the Member
States as follows:

– 

– 

– 

Tuna seiners: France 20, Spain 20, Italy 2, United Kingdom 1;

Surface longliners: Spain 19, France 13, , Portugal 8;

Vessels fishing by line: France 25 grt per month, based on an annual average.

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.

Article 3

The Member States whose vessels fish under this Agreement shall notify the Commission of the
quantities  of  each  stock  caught  within  the  Mauritian  fishing  zone  in  accordance  with
Commission Regulation (EC) No 500/20016.

Article 4

This  Regulation  shall  enter  into  force  on  the  third  day  following  that  of  its  publication  in  the
Official Journal of the European Union.

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

Done at...., ...

For the Council
The President

6

OJ L 73, 15.3.2001, p. 8.

4

                                                
AGREEMENT

in the form of an Exchange of Letters concerning the extension of the Protocol setting
out the fishing opportunities and financial contribution provided for in the Agreement
between the European Economic Community and the Government of Mauritius on
fishing in Mauritian waters for the period 3 December 2002 to 2 December 2003

A.

Letter from the Community

Sirs,

I  have  the  honour  to  confirm  that  we  agree  to  the  following  interim  arrangements  for  the
extension of the Protocol currently in force (3 December 1999 to 2 December 2002) setting
out  the  fishing  opportunities  and  financial  contribution  provided  for  in  the  Fisheries
Agreement between  the  European  Economic  Community  and the  Government of Mauritius,
pending  the  negotiations  on  the  amendments  to  be  made  to  the  Protocol  to  the  Fisheries
Agreement:

1.

2.

The arrangements applicable over the last three years will be extended for the period
from 3 December 2002 to 2 December 2003.

The  Community's  financial  contribution  under  the  interim  arrangements  will
correspond to the yearly amount provided for in Article 2 and, pro rata temporis, to
the annual amount provided  for in Article 3 to the Protocol currently in force. This
financial  contribution  will  be  paid  by  1  June  2003  at  the  latest.  The  conditions
governing the payment of the amount provided for in Article 6 will also apply.

During  the  interim  period,  fishing  licences  will  be  granted  within  the  limits  set  in
Article  1  of  the  Protocol  currently  in  force,  by  means  of  fees  or  advances
corresponding to those set in point 1 of the Annex to the Protocol.

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

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

On behalf of the Council of the European Union

5

B.

Letter from the Government of Mauritius

Sirs,

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

"I  have  the  honour  to  confirm  that  we  agree  to  the  following  interim  arrangements  for  the
extension of the Protocol currently in force (3 December 1999 to 2 December 2002) setting
out  the  fishing  opportunities  and  financial  contribution  provided  for  in  the  Fisheries
Agreement between  the  European  Economic  Community  and the  Government of Mauritius,
pending  the  negotiations  on  the  amendments  to  be  made  to  the  Protocol  to  the  Fisheries
Agreement:

1.

2.

The arrangements applicable over the last three years will be extended for the period
from 3 December 2002 to 2 December 2003.

The  Community's  financial  contribution  under  the  interim  arrangements  will
correspond to the yearly amount provided for in Article 2 and, pro rata temporis, to
the annual amount provided  for in Article 3 to the Protocol currently in force. This
financial  contribution  will  be  paid  by  1  June  2003  at  the  latest.  The  conditions
governing the payment of the amount provided for in Article 6 will also apply.

During  the  interim  period,  fishing  licences  will  be  granted  within  the  limits  set  in
Article  1  of  the  Protocol  currently  in  force,  by  means  of  fees  or  advances
corresponding to those set in point 1 of the Annex to the Protocol."

I have the honour to confirm that the above is acceptable to the Government of Mauritius and
that your letter and this letter constitute an agreement in accordance with your proposal.

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

Letter from the Government of Mauritius

6

LEGISLATIVE FINANCIAL STATEMENT

Policy area(s): External aspects of fisheries policy

Activity(ies): International Fisheries Agreements

TITLE OF ACTION

EXTENSION  OF  THE  PROTOCOL  SETTING  OUT  THE  FISHING  OPPORTUNITIES  AND
FINANCIAL COMPENSATION UNDER  THE EC/MAURITIUS AGREEMENT  FOR  THE  PERIOD
3 DECEMBER 2002 TO 2 DECEMBER 2003.

1.

BUDGET LINE(S) + HEADING(S)

B78000: “International Fisheries Agreements”

OVERALL FIGURES

Total allocation for action (Part B): €412 500 in payment appropriations

Period of application: 3.12.2002 to 2.12.2003

Overall multiannual estimate of expenditure: €451 675 in payment appropriations

2.

2.1

2.2

2.3

(a)  Schedule  of  commitment  appropriations/payment  appropriations  (financial  intervention)
(see point 6.1.1)

Year n

n + 1

n + 2

n + 3

n + 4

Commitments
Payments

412 500
412 500

---
---

---
---

---
---

---
---

Figures in €

n + 5
and
subs.
fin.
years
---
---

Total

412 500
412 500

(b) Technical and administrative assistance and support expenditure (see point 6.1.2)

Commitments

Payments

Subtotal a+b

Commitments
Payments

412 500
412 500

---
---

---
---

---
---

---
---

---
---

412 500
412 500

(c)  Overall  financial  impact  of  human  resources  and  other  administrative  expenditure  (see
points 7.2 and 7.3)

Commitments /
payments

39 175

---

---

---

---

---

39 175

7

TOTAL a+b+c

Commitments
Payments

451 675
451 675

---
---

---
---

---
---

---
---

---
---

451 675
451 675

2.4

Compatibility with financial programming and financial perspective

X

Proposal compatible with existing financial programming.

(cid:1) This  proposal  will  entail  reprogramming  of  the  relevant  heading  in  the
financial perspective.

(cid:1) This  may  entail  application  of  the  provisions  of  the  Interinstitutional
Agreement.

2.5

Financial impact on revenue:

No financial implications (involves technical aspects regarding implementation

X
of a measure)

OR

(cid:1) Financial impact - the effect on revenue is as follows:

Note:  All  details  and  observations  pertaining  to  the  method  of  calculating  the
effect  on  revenue  should  be  included  in  a  separate  annex  to  this  financial
statement.

€ million (to one decimal place)

Situation following action
n+4
n+1

n+2

n+3

n+5

Budget
line

Revenue

(a) Revenue in
absolute terms1
(b) Change in
revenue2

Year
n³

Prior
to
actio
n
(year
n-1)

 (cid:1)

3.

BUDGET CHARACTERISTICS

Type of expenditure

New

EFTA
contribution

Contributions
from
applicant
countries

Heading in
financial
perspective

CE

DA

NO

NO

NO

4

8

4.

LEGAL BASIS

Article  37  of  the  Treaty,  in  conjunction  with  Article  300(2)  and  the  first
subparagraph of Article 300(3).

EC/Mauritius Fisheries Agreement (OJ L 159, 10.6.1989).

5.

5.1

DESCRIPTION AND GROUNDS

Need for Community intervention

5.1.1 Objectives pursued

The  Protocol  to  the  Fisheries  Agreement  between  the  European  Community  and  the
Government  of  Mauritius  expired  on  2  December  2002.  Mauritius  was  unable  to  obtain  by
that date scientific opinions and reports which it was awaiting regarding certain aspects of its
fisheries  sector.  In  view  of  the  importance  of  these  reports,  Mauritius  considered  that  the
negotiations on the amendments to be made to the Protocol to the Fisheries Agreement could
not be held until these reports had been obtained.

The  two  parties  accordingly  decided  to  extend  for  another  year,  from  3 December 2002  to
2 December 2003, the Protocol which was about to expire. This extension, in the form of an
Exchange of Letters, was initialled by the two Parties and sets out the technical and financial
conditions governing the fishing activities of Community vessels in Mauritian waters for the
period from 3 December 2002 to 2 December 2003.

The purpose  of  this  extension is to  allow  Community  shipowners  to  continue  fishing  in  the
exclusive economic zone (EEZ) of Mauritius pending the negotiations on the amendments to
be made to the Protocol.

5.1.2 Measures taken in connection with ex ante evaluation

The  Protocol  is  the  fifth  since  the  entry  into  force  in  1990  of  the  framework  Agreement
between  the  two  parties.  The  Agreement  is  one  of  a  series  on  tuna  fisheries  in  the  Indian
Ocean.

The importance of the Agreement to the Community fleet operating in the Indian Ocean and
the  satisfactory  rate  of  use  made  of  the  fishing  opportunities  in  the  expired  Protocol  justify
renewing the Protocol.

A feature of tuna fishing which is directly related to the highly migratory nature of the species is
the fact that the actual catch in a given zone can vary very significantly from one fishing year to
the next.

The catches taken by the Community  fleet  in the  waters of the  non-member country cannot
therefore  be  known  in  advance.As  in  all  other  tuna  agreements,  therefore,  the  Community
pays  a  fixed  amount  in  direct  proportion  to  an  expected  catch  weight  ("reference  weight"),
calculated  on  the  basis  of  the  average  catches  recorded  during  previous  years  and  adjusted
where necessary according to the number of vessels authorised to fish. If the expected catch
weight is exceeded,  an  additional amount  is  paid.  If  the  expected  catch  is  not  achieved,  the
non-member country keeps the amount initially paid.

9

In  the  case  of  Mauritius,  during  the  validity  period  of  the  1992/2002  Protocol,  the  uptake  of
licences  by  Community  shipowners  for  tuna  fishing  in  the  last  year  of  the  Protocol  was
satisfactory: 74.5% on average for tuna seiners and 77.5% for surface longliners (see following
table).

Utilisation of the Community/Mauritius Fisheries Agreement
(based on number of vessels)

Type of
vessel:

Tuna seiners

Surface
longliners:

TOTAL

Fishing
opportunities
offered

1999/2000

2000/2001

2001/2002

Utilisation

Utilisation

Utilisation

43

40

82

28

15

43

33

21

54

32

31

63

Overall,  catches  fell  short  of  the  reference  weight,  but  had  increased  since  2000,  as  the
following table shows:

Utilisation of the Community/Mauritius Fisheries Agreement
Annual catches of tuna seiners and surface longliners (in tonnes)

Spain

France

Portugal

Italy

United Kingdom

1996

–

402

–

–

–

1997

1 244

1 888

–

–

–

1998

20

94

–

–

–

1999

–

156

–

–

–

2000

1 058

3 010

–

–

–

Total

402

3 132

114

156

4 068

2001

n/a

1 496

–

–

–

n/a

5.1.3 Measures taken following ex post evaluation

The  appropriate  Mauritian  authorities  made  satisfactory  use  of  the  amount  earmarked  for
targeted measures in the 1999-2002 Protocol. However, some late payment applications were
recorded  by  the  Mauritian  authorities,  resulting  in  payments  also  being  late.  The  Mauritian
Ministry employees responsible for fisheries have been made aware of this situation via our
Delegation in Port Louis, with a view to avoiding a recurrence during the period of this new
Protocol  and  ensuring  that  a  complete  programme  is  submitted  in  time  for  each  measure
planned.

5.2

Actions envisaged and arrangements for budget intervention

For  the  period  from  3  December  2002  to  2  December  2003,  the  Community  will  pay  an
overall financial  contribution of €412 500. This financial  contribution  must  be  paid  no  later
than 1 June 2003 into an account indicated by the Government of Mauritius for the benefit of
the Public Treasury.

10

Half of this amount (€206 250) will be earmarked for targeted measures aimed at developing
the  fisheries  sector  in  Mauritius  (development  of  scientific  and  technical  programmes,
establishment  of  a  vessel  monitoring  and  control  system  (VMS)  for  vessels  fishing  in
Mauritian waters, study grants and training courses).

The  Agreement  is  clearly  profitable  in  that  the  value  of  catches  far  exceeds  the  cost  of  the
Protocol. The  unit cost of each  tonne of tuna  caught  is €75 payable  by  the Community  and
€25  payable  by  the  shipowners  (in  the  previous  Protocol  the  unit  cost  was  €80  for  the
Community  and  €20  for  the  shipowners).  The  average  commercial  value  of  tuna  is  around
€1 000 per tonne.

In addition to the direct commercial value of the catches of the vessels concerned, there are
the following evident benefits from this Agreement:

– 

– 

– 

guaranteed employment on board fishing vessels;

the  multiplier  effect  on  jobs  for  the  ports,  auctions,  processing  factories,
shipyards, service industries, etc.;

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

– 

contribution to the supply of fish to the Community.

It should be remembered that the guidelines laid down by the Council for negotiating fisheries
agreements  with  the  ACP  countries  specify  that  account  must  be  taken  of  the  Community's
interest in maintaining or establishing fisheries relations with the countries concerned.

5.3

Methods of implementation

The Commission is solely responsible for implementing the Protocol and will do so through
its officials posted in both Brussels and its Delegation in Mauritius.

6.

6.1

FINANCIAL IMPACT

Total financial impact on Part B (over the entire programming period)

6.1.1 Financial intervention

Breakdown

Year n

n + 1

 n + 2

n + 3

n + 4

Financial compensation
Targeted measures

206 250
206 250
TOTAL 412 500

11

Figures in €

n + 5
and
subs.
fin.
years

Total

206 250
206 250
412 500

6.1.2. Technical and administrative assistance, support expenditure and
IT expenditure (commitment appropriations)

Year n

n + 1

 n + 2

n + 3

n + 4

Total

n + 5
and
subs.
fin.
years

and

Technical 

(1) 
administrative
assistance:
(a) Technical  assistance
offices
(b) Other technical
and administrative
assistance:
- intra-muros:
- extra-muros:
of which for construction
and maintenance of
computerised
management systems

Subtotal 1
(2) Support expenditure
(a) Studies
(b) Meeting of experts
(c) Information and
publications
Subtotal 2

TOTAL

12

6.2.

Calculation  of  costs  by  measure  envisaged  in  Part  B  (over  the  entire
programming period)

Breakdown

Actions 1, 2 and
3

Type of outputs
(projects, files,
etc.)

1

Fishing
opportunities in
exchange for a
financial
contribution

Number of
outputs
(total for years
1…n)
2

43 tuna seiners,
40 surface
longliners,
25 grt per month
for fishing by
line

Average unit
cost

Figures in €

Total cost
(total for years
1…n)

3

4=(2X3)

€412 500

€412 500

TOTAL COST

€412 500

7.

IMPACT ON STAFF AND ADMINISTRATIVE EXPENDITURE

7.1.

Impact on human resources

Types of post

Staff to be assigned to management
of the action using existing and/or
additional resources

Number of
permanent
Posts

Number of
temporary
posts

Total
men/
month
s

Description of tasks deriving
from the action

A
B
C

human

Officials or
temporary
staff

Other 
resources
Total

1
1
1

3

3
0.5
1.5

5

These 
represent 
responsible 
agreements.

human 
the 

entire 

resources
unit
bilateral

for 

7.2

Overall financial impact of human resources

Type of human resources

Amount in €

Method of calculation *

Officials
Temporary staff

Other human resources

33 375

(100 000/12*3)+(60 000/12*0.5)
+ (47 000/12*1.5)

(Budget lines A-7000 and A-7003)

Total

33 375

The amounts are total expenditure for twelve months.

13

7.3

Other administrative expenditure deriving from the action

Budget line
(number and heading)

Overall allocation (Title A7)
A0701 - Missions
A07030 - Meetings
A07031 - Compulsory committees(1)
A07032 - Non-compulsory committees(1)
A07040 - Conferences
A0705 - Studies and consultations
Other expenditure (state which)

Information systems (A-5001/A-4300)

Other expenditure - Part A (state which)

Amount in €

Method of calculation

5 800
0
0
0
0

Total

5 800

The amounts are total expenditure for twelve months.

(1) Specify the type of committee and the group to which it belongs.

I.

II.

Annual total (7.2 + 7.3)

Duration of action

III.

Total cost of action (I : 4)

€39 175

1 year

€39 175

It is impossible to quantify the impact of an individual protocol on the workload of the unit in
DG FISH responsible for this dossier.

Renewing protocols under existing fisheries agreements is one of the unit's activities but does
not in itself have a specific impact on administrative expenditure.

If the protocol had not been extended (initialled), this would also have resulted in a significant
workload and substantial expenditure on visits and meetings.

Human  and  administrative  resources  requirements  shall  be  covered  within  the  allocation
granted to the managing DG.

8.

8.1

FOLLOW-UP AND EVALUATION

Monitoring system

Within  three  months  of  the  anniversary  date  of  the  Protocol,  the  Mauritian  Ministry
responsible  for  fisheries  must  present  the  Commission  with  an  annual  report  on  the
implementation  of  these  measures  and  the  results  achieved.  The  Commission  reserves  the
right to request the Mauritian authority responsible for fisheries for any additional information
on the results achieved and to review payments in the light of the actual implementation of the
measures.

Within  a  Joint  Committee,  meeting  at  the  request  of  either  Party,  the  Community  and
Mauritius  may  consult  one  another  on  questions  relating  to  the  implementation  and  proper

14

functioning  of  this  Agreement.  In  the  event  of  any  dispute  over  the  interpretation  or
application of this Agreement, consultations shall be held between the Parties.

8.2

Arrangements and schedule for the planned evaluation

Before  the  Protocol  is  renewed  in  December  2003,  the  entire  period  which  it  covers
(3 December 2002  to  2 December 2003)  will  be  evaluated,  measuring  indicators  relating  to
results  (catches,  values  of  catches)  and  impact  (number  of  jobs  created  and  maintained,
relation  between  the  cost  of  the  Protocol  and  the  value  of  catches).  In  order  to  guarantee
sustainable fisheries in the region, this evaluation will be carried out prior to any renewal of
the protocols in the future.

9.

ANTI-FRAUD MEASURES

Since  the  financial  contributions  are  made  by  the  Community  in  direct  exchange  for  the
fishing opportunities offered, the non-member country uses them for whatever end it chooses.
However, it is required to report to the Commission, as provided for in the Protocol, on the
use of certain funds. All the measures provided for in Article 3 of the Protocol are subject to
an annual report on their implementation and the results achieved. The Commission reserves
the right to request additional information on the results achieved and to review payments in
the light of the actual implementation of the measures.

In  addition, the Member States  whose vessels operate  under  this  Agreement  must  certify  to
the Commission the accuracy of the data indicated in the tonnage certificates of the vessels, so
that the licence fees may be calculated on a guaranteed basis.

The  extended  Protocol  also  requires  Community  shipowners  to  fill  out  catch  statements,
(which  must  be  transmitted  to  the  Commission  and  the  Mauritian  authorities)  which  then
serve  as  the  basis  for  drawing  up  the  final  statement  of  catches  under  the  Protocol  and  the
corresponding fees.

15