Proposal for a Council Decision on the signing, on behalf of the European Community, and provisional application 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, renewal of an agreement

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 07.05.2003
COM(2003) 204 final

Proposal for a

COUNCIL DECISION

on the signing, on behalf of the European Community, and provisional application 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  Economic  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 29 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 by Decision the provisional
application  of  the  Agreement  in  the  form  of  an  Exchange  of  Letters,  pending  its  definitive
entry into force.

A  proposal  for  a Council  Regulation on  the  conclusion  of  the  Agreement  in  the  form  of  an
Exchange  of  Letters  relating  to  the  extension  of  the  Protocol  is  the  subject  of  a  separate
procedure.

2

Proposal for a

COUNCIL DECISION

on the signing, on behalf of the European Community, and provisional application 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) thereof,

Having regard to the proposal from the Commission1,

Whereas:

(1)

(2)

(3)

(4)

(5)

1

2

3

4

In  accordance  with  Article  12(3)  of  the  Agreement  between  the  European  Economic
Community  and  the  Government  of  Mauritius  on  fishing  in  Mauritian  waters2,  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 agreement 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 Protocol3 approved
by Regulation (EC) No 444/20014 for a period of one year by means of an Agreement in
the  form  of  an  Exchange  of  Letters  initialled  on  29  November  2002,  pending  the
conclusion of the negotiations on the amendments to be made to the Protocol.

Under this Exchange of Letters, Community fishermen have fishing opportunities in the
waters under the sovereignty or jurisdiction of Mauritius for the period 3 December 2002
to 2 December 2003.

The  extension  must  be  applied  at  the  earliest  opportunity  if  fishing  activities  by
Community vessels are not to be interrupted. The Agreement in the form of an Exchange
of Letters should therefore be signed, subject to its definitive conclusion by the Council.

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

OJ C […] […], p.(…)
OJ L 159, 10.6.1989, p. 2.
OJ L 180, 19.7.2000, p. 30.
OJ L 64, 6.3.2001, p. 1.

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HAS DECIDED AS FOLLOWS:

Article 1

The signature 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  is  hereby
approved on behalf of  the  Community,  pending  the  definitive  conclusion  of  the  Agreement  by
the Council.

The text of the Agreement is attached to this Decision.

The  Agreement  referred  to  in  Article  1  shall  apply  provisionally  in  the  European  Community
with effect from 3 December 2002.

Article 2

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

Article 3

- 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.

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 500/20015.

Article 4

Article 5

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, subject to its
conclusion.

Done at

5

OJ L 73, 15.3.2001, p. 8.

For the Council

The President

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.

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.

2.

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

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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.

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.

2.

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