Proposal for a Council Regulation on the conclusion of the Protocol defining, for the period 3 December 2003 to 2 December 2007, the fishing opportunities and the financial compensation provided for by the Agreement between the European Economic Community and the Government of Mauritius on fishing in the waters of Mauritius {SEC(2004) 352}
Date: 2004-03-26
Institutions: European Commission
Subjects: Mauritius, agreement (EU), financial equalisation, fishing agreement, fishing area, fishing rights

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 26.3.2004 
COM(2004) 197 final 

2004/0071 (CNS) 

Proposal for a 

COUNCIL REGULATION 

on the conclusion of the Protocol defining, for the period 3 December 2003 to 
2 December 2007, the fishing opportunities and the financial compensation provided for 
by the Agreement between the European Economic Community and the Government of 
Mauritius on fishing in the waters of Mauritius 

(presented by the Commission) 

{SEC(2004) 352} 

EN 

   EN 

 
 
 
  
  
 
 
 
 
EXPLANATORY MEMORANDUM 

The  Protocol  annexed  to  the  fisheries  Agreement  between  the  European  Community  and 
Mauritius expired on 2 December 2002. It has been extended for one year. A new Protocol was 
initialled  by  the  two  parties  on  11  September  2003  establishing  the  technical  and  financial 
conditions  under  which  Community  fishing  vessels  can  fish  in  Mauritius  waters  in  the  period 
3 December 2003 to 2 December 2007. 

The  new  Protocol  grants  fishing  possibilities  for  41  tuna  seiners,  49  surface  longliners  and 
licences for 25 GRT/month on an annual average for vessels fishing by line. 

The financial compensation is fixed at 487,500 € per year and covers a catch weight in the waters 
of Mauritius of 6,500 tons of catches per year. Part of the financial compensation equivalent to 
195,000  Euro  per  year  shall  be  earmarked  to  the  financing  of  targeted  actions,  such  as 
scientific and technical programmes, training, control and surveillance, including the VMS. 

This  new  Protocol  reinforces  our  fisheries  relations  with  Mauritius  promoting  the  responsible 
and  sustainable  fishery  in  the  Indian  Ocean  and  stressing  the  need  of  an  efficient  control  and 
surveillance system. In this line, the following new elements have been introduced: i) duration of 
the Protocol 4 years instead of 3 up to now, ii) exclusive clause prohibiting any private licence or 
other arrangement, iii) obligation for the Community fleet operating in the Mauritian waters to 
embark local seamen and to apply the social clause, iv) fishing outside 15 miles from the coast 
instead  of  12  previously,  v) obligation  for  the  Community  vessels  to  communicate  any 
transhipment  in  Mauritius  and  vi) sanctions  for  non-compliance  with  the  Protocol  and  the 
relevant Mauritian legislation. 

The  Commission  proposes  on  this  basis  that  the  Council  adopt  by  Regulation  the  new 
Protocol. 

A proposal for a Council Decision on the provisional application of the new Protocol is the 
subject of a separate procedure. 

2 

 
 
  
 
2004/0071 (CNS) 

Proposal for a 

COUNCIL REGULATION 

on the conclusion of the Protocol defining, for the period 3 December 2003 to 
2 December 2007, the fishing opportunities and the financial compensation provided for 
by the Agreement between the European Economic Community and the Government of 
Mauritius on fishing in the waters of Mauritius 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  establishing  the  European  Community,  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) 

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  held  negotiations,  at  the  end  of  the  period  of  application  of  the 
Protocol,  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. 

(2) 

As a result of these negotiations, a new Protocol defining, for the period 3 December 
2003  to  2  December  2007,  the  fishing  opportunities  and  the  financial  compensation 
provided for by the said Agreement was initialled on 11 September 2003. 

(3) 

It is in the Community's interest to approve this Protocol. 

(4) 

The method for allocating the fishing opportunities among Member States should be 
defined  on  the  basis  of  the  traditional  allocation  of  fishing  opportunities  under  the 
Fisheries Agreement, 

1 
2 
3 

OJ C […] […] p. […] 
Opinion delivered on … (not yet published in the Official Journal). 
OJ L 159, 10.6.1989, p. 2. 

3 

 
 
  
 
                                                 
HAS ADOPTED THIS REGULATION: 

Article 1 

The  Protocol  defining,  for  the  period  3  December  2003  to  2  December  2007,  the  fishing 
opportunities  and  the  financial  compensation  provided  for  by  the  Agreement  between  the 
European Economic Community and the Government of Mauritius on fishing in the waters of 
Mauritius is hereby approved on behalf of the European Community. 

The text of the Protocol is attached to this Regulation. 

Article2 

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

– 

– 

– 

Tuna seiners: France 16, Spain 22, Italy 2, United Kingdom 1; 

Surface long-liners: Spain 19, France 23, Portugal 7; 

Vessels fishing by line: France 25 grt/month 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 500/20014. 

The President of the Council is hereby authorised to designate the persons empowered to sign 
the Protocol in order to bind the Community. 

Article 4 

4 

OJ L 73, 15.3.2001, p. 8. 

4 

 
 
  
 
                                                 
Article 5 

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 

5 

 
 
  
 
 
 
PROTOCOL 

DEFINING, FOR THE PERIOD 3 DECEMBER 2003 TO 2 DECEMBER 2007, THE 
FISHING OPPORTUNITIES AND THE FINANCIAL COMPENSATION PROVIDED 
FOR BY THE AGREEMENT BETWEEN THE EUROPEAN ECONOMIC 
COMMUNITY AND THE GOVERNMENT OF MAURITIUS ON FISHING IN THE 
WATERS OF MAURITIUS 

1. 

Pursuant  to  Article 2  of  the  Agreement,  and  for  a  period  of  four  years  from 
3 December 2003, the following fishing possibilities shall be accorded: 

Article 1 

– 

– 

– 

tuna seiners: 

licences for 41 vessels; 

surface longliners: 

licences for 49 vessels; 

vessels fishing by line: 

licences for 25 GRT/month on an annual average. 

Only  Community  vessels  having  a  valid  licence,  issued  under  this  Protocol  and 
according  to  the  formalities  described  in  the  Annex,  shall  be  authorised  to  conduct 
fishing in Mauritius fishing zone. 

Article 2 

The  financial  compensation  referred  to  in  article  6  of  the  Agreement  for  the  above 
mentioned period is fixed at 487,500 Euro per year. 

This compensation shall cover a catch weight in waters of Mauritius of 6,500 tons of 
catches per year. If the annual amount of catches by Community vessels in the waters 
of  Mauritius  exceeds  this  quantity,  the  above  mentioned  compensation  shall  be 
increased proportionately at the rate of 75 Euro per additional ton caught. However, 
the total amount of the financial compensation to be paid by the Community for tuna 
and  tuna-like  species  cannot  exceed  the  double  of  the  amount  indicated  in 
paragraph 1.  

A first part of the financial compensation equivalent to 292,500 Euro per year shall 
be  paid  into  an  account  in  the  name  of  the  public  Treasury,  which  will  be 
communicated to the Delegation of the European Commission in Mauritius after the 
entry into force of this Protocol. The first instalment shall be payable not later than 
1 June 2004 and the others in equal annual instalments by the anniversary date of the 
Protocol. The use to which this compensation is put shall be of the sole competence 
of Mauritius. 

A  second  part  of  the  financial  compensation  equivalent  to  195,000  Euro  per  year 
shall  be  earmarked  to  the  financing  of  the  measures  referred  to  in  Article  3  of  this 
Protocol. 

2. 

1. 

2. 

3. 

4. 

6 

 
 
  
 
1. 

2. 

3. 

4. 

5. 

Article 3 

With a view to ensuring the development of sustainable and responsible fishing the 
two  parties  will,  in  their  mutual  interest,  promote  a  partnership  for  the  purpose  of 
encouraging,  in  particular  better  knowledge  of  fishery  and  biological  resources, 
fisheries control, the development of non-industrial fishing, fishing communities, and 
training. 

The measures set out below shall be financed from the second part of the financial 
compensation, to the amount of 195,000 Euro per year, broken down as follows: 

a) 

b) 

c) 

150,000  Euro  for  scientific  and  technical  programmes  to  promote  better 
understanding and management of fisheries and living resources in Mauritius’ 
fishing zone; 

30,000  Euro  for  study  grants  and  practical  training  courses  in  the  various 
scientific, technical and economic fields linked to fishing and participation to 
international meetings relating to fisheries;  

15,000  Euro  for  monitoring,  control  and  surveillance,  including  the  Vessel 
Monitoring System (VMS). 

The  amounts  mentioned  in  paragraph  2,  sub-paragraph  a)  and  c)  shall  be  made 
available to the Mauritian Ministry responsible for fisheries after submission to the 
European Commission of a detailed annual programming, including a schedule, and 
the expected objectives of specific actions to be undertaken for each measure and no 
later than 1 June 2004 for the first year and by 1 April for the following years. They 
shall  be  paid  into  an  account  in  the  name  of  the  public  Treasury,  which  will  be 
communicated to the Delegation of the European Commission in Mauritius after the 
entry into force of this Protocol. 

The  amount  mentioned  under  point  b)  shall  be  made  available  to  the  Mauritian 
Ministry responsible for fisheries and paid as it is used to the bank accounts of the 
Mauritian competent authorities. 

The  Mauritian  Ministry  responsible  for  fisheries  shall  transmit  a  detailed  annual 
report  on  the  implementation  of  these  measures  and  the  results  achieved  to  the 
Delegation  of  the  European  Commission  in  Mauritius,  no  later  than  three  months 
after  the  anniversary  date  of  the  protocol.  The  Commission  reserves  the  right  to 
request  additional  information  on  these  results  from  the  Mauritian  authority 
responsible  for  fisheries  and  to  review  the  payments  concerned  in  the  light  of  the 
actual implementation of the measures. 

Should the Community fail to make any of the payments specified in Articles 2 and 3 in due 
time, Mauritius may suspend the application of this Protocol. 

Article 4 

7 

 
 
  
 
Article 5 

Where severe circumstances not attributable to natural phenomena prevent fishing activities in 
Mauritius’  fishing  zone,  the  European  Community  may  suspend  payment  of  the  financial 
contribution  following  prior  consultations,  where  possible,  between  the  two  Parties  in  the 
framework of the Joint Committee provided for in Article 8 of the Agreement. 

Payment of the financial contribution shall recommence once the situation returns to normal 
and following consultation between the two Parties in the framework of the Joint Committee 
provided for in Article 8 of the Agreement, confirming that the situation is likely to allow a 
return to normal fishing activities. 

The validity of the licences granted to Community vessels under Article 4 of the Agreement 
shall be extended by a period equal to that during which fishing activities were suspended. 

Article 6 

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

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

Article 7 

It shall apply from 3 December 2003. 

8 

 
 
  
 
ANNEX 

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

1. 

Licence application and issuing formalities 

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

a) 

b) 

c) 

d) 

e) 

f) 

The  European  Commission  shall  present  to  the  Mauritian  authority  via  the 
Delegation of the European Commission in Mauritius an application, made by 
the  ship-owner,  for  each  vessel  that  wishes  to  fish  under  this  Agreement,  at 
least  20 days  before  the  date  of  commencement  of  the  period  of  validity 
requested.  The  application  shall  be  made  on  the  forms  provided  for  that 
purpose by Mauritius, a specimen of which is attached as Appendix 1. 

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

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

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

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

Ship-owners  shall  nominate  and  appoint  an  agent  who  shall  be  resident  in 
Mauritius and whose powers shall include representation of the ship-owners in 
any legal process. The ship-owners shall notify to the Mauritian authorities the 
name and address of his agent.  

2. 

Validity of licences and payment of fees 

1) 

Advance payments 

For  tuna  seiners  and  surface  longliners,  licences  shall  be  valid  for  a  period  of  one 
year. They are renewable. 

The fee shall be set at 25 Euro per ton caught in the waters of Mauritius.  

9 

 
 
  
 
For tuna seiners, licences shall be issued on advance  payment  of an annual sum of 
2,000 Euro per tuna seiner, equivalent to the fees for 80 tons of annual catches within 
the waters of Mauritius.  

For surface longliners, licences shall be issued on advance payment to Mauritius of 
an annual sum of 1,550 Euro for surface longliner of more than 150 GRT and 1,100 
Euro  for  surface  longliners  of  150  GRT  or  less.  These  amounts  correspond 
respectively to the fees due for 62 tons and for 44 tons of annual catches in Mauritian 
waters. 

For  vessels  fishing  by  line,  licences  shall  be  valid  for  three,  six  or  twelve  months. 
The fee shall be fixed in relation to the GRT as follows: 80 Euro per year per GRT 
pro rata temporis. 

2) 

Final statement 

For  tuna  seiners  and  surface  longliners,  a  final  statement  of  the  fees  due  for  the 
fishing  year  shall  be  drawn  up  by  the  European  Commission  at  the  end  of  each 
calendar  year  on  the  basis  of  the  catch  statements  made  by  the  ship-owners  and 
confirmed by the scientific institutes competent for verifying catch statistics such as 
IRD  (Office  for  Research  and  Development),  IFREMER  (Institut  Français  de 
Recherche  et  d’Exploitation  de  la  Mer),  IEO  (Spanish  Oceanographic  Institute), 
IPIMAR  (Instituto  Nacional  das  Pescas  e  do  Mar)  or  any  international  fishing 
organisation in the Indian Ocean, as may be designated by the Mauritian authority.  

The statement shall be notified to the Mauritian authorities not later than 15 March of 
the  following  year.  The  Mauritian  authority  shall  react  within  30  days  after  this 
notification. The statement shall then be notified to the ship-owners. 

The ship-owners shall meet their financial obligations within 30 days of the receipt 
of the statement. 

If  the  amount  of  the  sum  due  for  actual  fishing  operations  is  less  than  the  advance 
payment,  the  corresponding  outstanding  sum  shall  not  be  recoverable  by  the  ship-
owner. 

3. 

Transhipment 

Vessels may tranship their catches in Mauritius according to their interests. 

All transhipments taking place in Mauritian ports shall be notified to the authorities 
of Mauritius 48 hours in advance.  

4. 

Declarations of catches 

Vessels  authorised  to  fish  in  the  waters  of  Mauritius  under  the  Agreement  shall 
notify their catch statistics to the Mauritian authority, with a copy for the Delegation 
of  the  European  Commission  in  Mauritius,  in  accordance  with  the  following 
procedure.  

10 

 
 
  
 
Tuna  seiners  shall  complete  a  fishing  logbook  corresponding  to  the  specimen  in 
Appendix  2.  Surface  longliners  shall  complete  a  fishing  logbook  corresponding  to 
the specimen in Appendix 3. Vessels fishing by line shall complete a fishing logbook 
corresponding to the specimen in Appendix 4. 

Fishing  logbooks  must  be  completed  legibly  and  be  signed  by  the  master  of  the 
vessel or by the representative of the ship-owner’s association. In addition, they must 
be  completed  by  all  vessels  which  have  obtained  a  licence,  even  if  they  have  not 
fished. 

The fishing logbooks shall be forwarded to the Mauritian authority not later than 45 
days after each fishing campaign.  

5. 

Communication 

Vessels  above 50 GRT  shall  communicate,  at  least  one  (1)  hour  before  entering 
and/or  leaving  Mauritian  waters,  and,  every  three  days,  while  fishing  in  Mauritian 
waters,  to  a  radio  station  (the  name,  call sign  and  frequency  of  which  shall  be 
specified in the licence) or by fax (No 230-208-1929) or by e-mail (fish@intnet.mu), 
their position and the volume of catches on board. 

6. 

Observers 

Any vessel above 50 GRT shall, at the request of the authorities of Mauritius, take on 
board  an  observer  designated  by  these  authorities.  The  observer  shall  have  all 
facilities  necessary  for  the  performance  of  his  duties,  as  set  out  below,  including 
access  to  places  and  documents.  He  must  not  be  present  for  longer  than  the  time 
required to fulfil his duties. He shall be granted officer status while on board.  

He  shall  be  provided  with  suitable  food  and  accommodation  while  on  board.  The 
salary  and  social  contributions  of  the  observer  shall  be  borne  by  the  authorities  of 
Mauritius. 

The  embarkation  port  as  well  as  the  conditions  governing  his  embarkation  shall  be 
fixed by common agreement between the ship-owner or his agent and the authorities 
of Mauritius. 

Should  a  vessel  with  a  Mauritian  observer  on  board  leave  the  waters  of  Mauritius, 
every step will be taken to ensure that the observer returns to Mauritius as soon as 
possible, at the ship-owner's expense. 

The  ship-owner  shall,  via  his  agent,  make  a  payment  of  14  Euro  to  the  Mauritian 
government  of  each  day  spent  by  an  observer  on  board  a  vessel  in  the  Mauritius’ 
fishing zone. 

Once on board the observer shall: 

– 

– 

– 

observe the fishing activities of the vessels; 

verify the position of vessels engaged in fishing operations; 

note the fishing gear used; 

11 

 
 
  
 
– 

– 

verify the catch data for Mauritius’ fishing zone recorded in the logbook; 

draw an activity report to be transmitted to the Mauritan authority. 

While on board , the observer: 

– 

– 

must take all appropriate steps to ensure that the conditions under which he is 
taken  on  board  and  his  presence  on  board  do  not  interrupt  or  hamper  fishing 
activities; 

must respect the material and equipment on board and the confidentiality of all 
documents belonging to the vessel. 

7. 

Inspection  

Vessels  shall  also  allow  on  board  and  assist  in  the  accomplishment  of  their  duties, 
any other Mauritian official responsible for inspection and monitoring. 

8. 

Employment of seamen  

Ten (10) Mauritian seamen shall embark on the EC fleet.  

For  local  seamen  embarked  to  EC  vessels,  an  employment  contract  shall  be 
established between the owner of the vessel or his agent and the seaman and/or his 
labour  union  or  his  representative  in  liaison  with  the  competent  authorities  of 
Mauritius.  These  contracts  shall  guarantee  to  the  seamen  the  benefit  of  their  social 
security  regime,  including  a  life,  health  and  accident  insurance.  The  local  seamen 
remuneration conditions cannot be inferior of those applicable to the local crews and 
in any case not inferior to the ILO standards. 

Copy of the contract shall be given to the signatories thereof and to the authorities of 
Mauritius. 

In case the employment contract is established with a vessel owner’s agent, it shall 
specify the name of the owner of the vessel and the flag state. 

The owner of the vessel shall guarantee to the local seamen embarked life and work 
conditions aboard similar to those that the EC seamen benefit. 

In case of non-embarkation, the ship-owners shall pay a lump-sum equivalent to the 
salary of the seamen non-embarked for the duration for the fishing campaign in the 
waters  of  Mauritius.  In  case  the  fishing  campaign  lasts  less  than  one  month,  ship-
owners shall be required to pay the sum corresponding to one month’s salary. 

9. 

Fishing zones 

To  avoid  any  adverse  effect  to  small-scale  fisheries  in  Mauritius,  fishing  by 
Community  tuna  seiners  and  surface  longliners  shall  not  be  authorised  within  a 
distance of fifteen (15) nautical miles measured from the baseline nor within a three 
(3) nautical miles radius around any fish-aggregating device placed by Mauritius, the 
geographical  position  of  which  shall  be  communicated  to  the  ship-owners 
representatives or agents.  

12 

 
 
  
 
Vessels fishing by line are only authorised to fish in their traditional grounds, namely 
Soudan Bank and East Soudan Bank. 

10. 

Supply to the Tuna Canning Industry  

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

11. 

Sanctions  

Notwithstanding any sanction provided for in Mauritian law, failure to observe any 
of the conditions of the Protocol and this Annex or any relevant Mauritian legislation 
may be dealt with by suspension, revocation or non-renewal of the fishing licences of 
the vessel in question. Before taking any of these sanctions, the Mauritian authorities 
shall  give  due  regard  to  the  gravity  of  the  failure  and  apply  the  principle  of 
proportionality.  Suspension  or  revocation  of  a  fishing  licence  shall  be  regarded  as 
force majeure for the purpose of paragraph (b) in the section on licence application 
and issuing formalities above. 

The  Delegation  of  the  European  Commission  and  the  ship-owner’s  agent  in 
Mauritius shall be notified in writing within 24 hours of any suspension, revocation 
or non-renewal of a licence with a brief report of the relevant facts. 

12. 

Procedure in case of boarding  

1) 

Transmission of information. 

The Mauritian authority responsible for fisheries shall inform the Delegation of the 
European Commission in Mauritius and the flag State in writing, within 48 hours, of 
the  boarding  of  any  fishing  vessel  flying  the  flag  of  a  Member  State  of  the 
Community  fishing  under  the  Fisheries  Agreement  in  Mauritius's  fishing  zone  and 
shall  transmit  a  brief  report  of  the  circumstances  and  reasons  leading  to  such 
boarding.  The  Delegation  and  the  flag  State  shall  be  kept  informed  of  any 
proceedings initiated and penalties imposed. 

2) 

Settlement of boarding 

In  accordance  with  the  law  on  fisheries  and  the  relevant  regulations,  infringements 
may be settled: 

a) 

b) 

either by composition, in which case the amount of the fine shall be determined 
in  accordance  with  the  Mauritian  legislation  laying  down  minimum  and 
maximum figures;  

or by legal proceedings, if no composition is possible, in accordance with the 
Mauritian law. 

3) 

The vessel shall be released and its crew authorised to leave the port: 

a) 

either  as  soon  as  the  obligation  imposed  by  the  composition  procedure  have 
been completed on presentation of the receipt for the settlement, or 

13 

 
 
  
 
b) 

on  presentation  of  proof  that  a  bank  security  has  been  lodged,  pending 
completion of the legal proceedings. 

14 

 
 
  
 
Appendix 1 

APPLICATION FOR A FOREIGN FISHING VESSEL LICENCE 

Name of applicant : …………………………………………………………………………….… 

Address of applicant : ………………………………………………………………………….…. 

…………………………….………………………………………………………………………. 

Name and address of charterers of vessels if different from above : ….……………………….…. 

…………………………….………………………………………………………………………. 

Name and address of agent in Mauritius: ……………………………………………………….…. 

………………………………..……………………………………………………………………. 

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

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

Country of registry : ………………..………………………………………………………………. 

Port and registration number : ……………..……………………………………………………..… 

Fishing vessel external identification : …………………….……….……………………………….. 

Radio call sign and frequency : ………………………….……………..…………………………... 

Fax number of vessel : …………………………………………………………….……………..… 

Length of vessel : ………………………………………………………………………………....... 

Width of vessel : …………………………………………………………………………..……..…. 

Engine type and power : ……………………………………………………………………..…..…. 

Gross registered tonnage of vessel : …………………………………………………………..…..... 

Net registered tonnage of vessel : ………………………………………….………….………….... 

Minimum crew complement : ………………………………………………………..……………… 

Type of fishing practised : ……………………………………………………………………….….. 

Proposed species of fish : ……………………………………………..…………………………..... 

………………………………..………………………………………………..………………….... 

Period of validity requested : ……………………………………………………………….……….. 

I certify that the above particulars are correct. 

Date : 

………………………………. 

Signature : 

……………………………………...

15 

 
 
  
 
Appendix 2 

TUNA VESSELS FISHING LOGBOOK 

Name of vessel: ………………………………………………………………….  Gross tonnes:   

Month  Day 

Year 

Port 

Flag country:   
……………………………………………………………………........................... 

………………………………………………….............................
Capacity (TM): ……………………………………………........ 

Vessel left: 

Registration number: 
………………………………………………………………................................... 

Captain: ……………………………………………………….... 

Shipowner: ………………………………………………………..........................  Number of crew: 

….…………………………………………………........................
Address: …………………………………………………………………………....  Reporting date: ………………………………………………...... 

Vessel returned: 

Fishing 
method 

Longline 

Purse seiner 

Trawling 

Other 

Reported by: 
……………………………………………….................................

Number of fishing days: 

Number  of  days  at 
sea: 

Number of sets made: 

Trip Number: 

Dates 

Area 

Day/m
onth 

Set No 

S
/
N
e
d
u
t
i
t
a
L

Surface 
water T° 
(°C) 

Effort 

No of hooks 
used 

W
E

/

e
d
u
t
i
g
n
o
L

Bluefin tuna 

Yellowfin 
tuna 

Bigeye tuna 

Albacore  

Swordfish 

White marlin 

Black marlin 

Sailfish 

Skipjack 

Thunnus 
maccoyi  

Thunnus 
Albacares 

Thunnus 
obesus 

No 

kg 

No 

kg 

No 

kg 

Thunnus 
alalunga 
kg 
No 

Xiphias 
gladius 

Tetraptunus 
audax 

Makaira 
indica 

Istiophorus spp. 

Katsuwonus 
pelamis 

No 

kg 

No 

kg 

No 

kg 

No 

kg 

No 

kg 

No 

kg 

No 

kg 

Miscellaneous 
fishes 

Daily total 

y
r
u
a
S

d
i
u
q
S

t
i
a
b

e
v
i
L

Other 

Catches 

Bait used 

Landing weight (in kg) 

16 

 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
   
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
APPENDIX 3: STATEMENT OF CATCH FOR SURFACE LONGLINERS 

Name of vessel: _______________ 

Skipper's name: ___________________ 

Date of setting: ____/____/____  Start of trip: _____/_____/_____/ 

at: _____ 

Trip number: ________  Setting number: _____________ 

Wind direction: ________ 

Force: ________(Beaufort) 

Sea conditions: ___________Swell: ________ 

Surface temperature: ___º C 

Current: speed: ______ 

Direction: ________ 

Moon: New moon +____ days 

Moon rises: ________ 

Moon sets: ______ 

hours 

0 to 24 

Start time: _______Finishing time: _________ 

Setting details  

Section 

Position 

Heading 

Speed 

Remarks 

Depart: radio 

buoy number 1 

Radio buoy 

number 2 

Radio buoy 

number 3 

Radio buoy 

number 4 

Radio buoy 

number 5 

Radio buoy 

number 6 

Radio buoy 

number 7 

* 

** 

VDK 

with head, gilled 

State the type of weight used (VAT, VDK, WHOLE) if different from that specified. 

17 

 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Number of hooks: ___________ 

Length: Buoy lines: 

Branch lines: ____________ 

Length of line: ____________ 

Recorded depth of the line (sounder): ___________ 

Bait: Shrimp: _____________ % 

Mackerel: ________ % 

_______: ______% 

Details of catch 

Time 

(0 à 24 H) 

Latitude 

Longitude 

Start of turn 

End of turn 

Species 

Number 

Estimated unit weight 

Total 
weight 

Number 
fish eaten 

of 

Swordfish* 

Yellowfin** 

Bigeye** 

Marlin** 

Sailfish* 

Seabream 

Shark 

Other  (give 
details) 

  Total weight 

Total weight of catch landed (weighed) 

18 

 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Month 
Year  

Appendix 4 
Fishery by line 

Name of vessel : …………………………  Engine Power :………………………. 
Nationality (flag) :……………………….  Gross tonnage :……………………… 

Fishing Method :………………………… 
Port of landing :………………………….. 

Date 

Fishing Area 

Longitude 

Latitude 

Number of 
hours 

Number  of 
hours fishing 

Fish Species 

TOTAL 

1/ 
2/ 
3/ 
4/ 
5/ 
6/ 
7/ 
8/ 
9/ 
10/ 
11/ 
12/ 
13/ 
14/ 
15/ 
16/ 
17/ 
18/ 
19/ 
20/ 
21/ 
22/ 
23/ 
24/ 
25/ 
26/ 
27/ 
28/ 
29/ 
30/ 
31/ 

TOTAL 

19 

 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
LEGISLATIVE FINANCIAL STATEMENT 

Policy area(s): 11. Fisheries 

Activity(ies): 1103 International Fisheries Agreements 

TITLE OF ACTION 

PROTOCOL DEFINING, FOR THE PERIOD 3 DECEMBER 2003 TO 2 DECEMBER 2007, THE 
FISHING  OPPORTUNITIES  AND  THE  FINANCIAL  COMPENSATION  PROVIDED  FOR  BY  THE 
AGREEMENT  BETWEEN  THE  EUROPEAN  ECONOMIC  COMMUNITY  AND  THE 
GOVERNMENT OF MAURITIUS ON FISHING IN THE WATERS OF MAURITIUS. 

1. 

BUDGET LINE(S) + HEADING(S) 

110301 (previous B78000) : “International Fisheries Agreements” 

11010404 
(ex  B78000A) 
administrative expenditure” 

OVERALL FIGURES 

:  “International  Fisheries  Agreements 

, 

Total allocation for action (Part B): Min: € 2 010 000, Max: 3 960 000 in 
commitment and payment appropriations 

Period of application: 3.12.2003 to 2.12.2007 

Overall multiannual estimate of expenditure:  

2. 

2.1 

2.2 

2.3 

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

Year 2003 

2004 

2005 

2006 

Total 

Figures in € 

Breakdown  Min  Max1  Min  Max1  Min  Max1  Min  Max1  Min 
Commitments  487 500 

975 000 

487 500 

975 000 

975 000 

487 500 

487 500 

975 000 

1 950 000 

Max1 

3 900 000 

Payments 

487 500 

975 000 

487 500 

975 000 

487 500 

975 000 

487 500 

975 000 

1 950 000 

3 900 000 

1 In case the annual catches exceed the reference tonnage, the financial compensation 
shall  increase  proportionally  at  the  rate  of  € 75  per  additional  ton  caught.  However, 
the total amount of the financial compensation can not exceed € 975 000. 

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

Year 2003 

2004 

2005 

2006 

Total 

Commitments 

Payments 

– 

– 

40 000 

40 000 

– 

– 

20 000 

60 000 

20 000 

60 000 

20 

 
 
  
 
 
 
 
 
Subtotal a+b 

Year 2003 

2004 

2005 

2006 

Total 

Min 

Max1 

Min 

Max1 

Min 

Max1 

Min 

Max1 

Min 

Max1 

487 500 

975 000 

527 500 

1 015 000 

487 500 

975 000 

507 500 

995 000  2 010 000 

3 960 000 

487 500 

975 000 

527 500 

1 015 000 

487 500 

975 000 

507 500 

995 000  2 010 000 

3 960 000 

Commitments 

Payments 

1 In case the annual catches exceed the reference tonnage, the financial compensation 
shall  increase  proportionally  at  the  rate  of  € 75  per  additional  ton  caught.  However, 
the total amount of the financial compensation can not exceed € 975 000. 

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

Year 2003 

2004 

2005 

2006 

Total 

Commitments 

39 375 

39 375 

39 375 

39 375 

157 500 

Payments 

39 375 

39 375 

39 375 

39 375 

157 500 

TOTAL a+b+c 

Year 2003 

2004 

2005 

2006 

Total 

Min 

Max1 

Min 

Max1 

Min 

Max1 

Min 

Max1 

Min 

Max1 

526 875 

1 014 375 

566 875 

1 054 375 

526 875 

1 014 375 

546 875 

1 034 375 

2 167 500 

4 117 500 

526 875 

1 014 375 

566 875 

1 054 375 

526 875 

1 014 375 

546 875 

1 034 375 

2 167 500 

4 117 500 

Comm
itments 
Paym
ents 

1 In case the annual catches exceed the reference tonnage, the financial compensation 
shall  increase  proportionally  at  the  rate  of  € 75  per  additional  ton  caught.  However, 
the total amount of the financial compensation can not exceed € 975 000. 

2.4 

Compatibility with financial programming and financial perspective 

X 

Proposal compatible with existing financial programming. 

This proposal will entail reprogramming of the relevant heading in the 

(cid:133) 
financial perspective. 

This  may  entail  application  of  the  provisions  of  the  Interinstitutional 

(cid:133) 
Agreement. 

2.5 

Financial impact on revenue: 

No  financial 

X 
implementation of a measure) 

implications  (involves 

technical  aspects  regarding 

OR 

21 

 
 
  
 
 
 
 
(cid:133) 

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. 

Budget 
line 

Revenue 

Prior to 
action 
(year n-1)

Year 
n³ 

€ million (to one decimal place) 

Situation following action 
n+1  n+2  n+3  n+4  n+5 

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

 ∆ 

3. 

BUDGET CHARACTERISTICS 

Type of expenditure 

New 

EFTA 
contribution 

Contributions 
from 
applicant 
countries 

Heading in 
financial 
perspective 

CE 

DA 

NO 

NO 

NO 

4 

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. 

DESCRIPTION AND GROUNDS 

5.1 

Need for Community intervention 

5.1.1 Objectives pursued 

The Protocol annexed to the fisheries Agreement between the European Community and 
Mauritius  expired  on  2  December  2002.  It  has  been  extended  for  one  year.  A  new 
Protocol  was  initialled  by  the  two  parties  on  11  September  2003  establishing  the 
technical  and  financial  conditions  under  which  Community  fishing  vessels  can  fish  in 
Mauritius waters in the period 3 December 2003 to 2 December 2007.  

The  purpose  of  this  new  protocol  is  to  allow  Community  ship-owners  to  continue 
fishing in the exclusive economic zone (EEZ) of Mauritius. 

This  new  Protocol  reinforces  our  fisheries  relations  with  Mauritius  promoting  the 
responsible  and  sustainable  fishery  in  the  Indian  Ocean  and  stressing  the  need  of  an 
efficient control and surveillance system.  

22 

 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
5.1.2 Measures taken in connection with ex ante evaluation 

An evaluation of the proposal to conclude a new Protocol, for the period 3 December 
2003 to 2 December 2007, to the Fisheries Agreement between the EU and Mauritius 
has been carried out by the DG Fisheries on the basis of information gathered by the 
DG Development, the Delegation of the European Commission in Port Louis and the 
Indian  Ocean  Tuna  Commission  (IOTC)  (an  ex  ante  evaluation  report  accompanies 
this legislative financial statement).  

– 

– 

– 

Although from the budgetary and catch weight point of view the agreement 
remains  relatively  modest,  it  is  very  important  for  the  Community  ship-
owners because it forms part of a network of tuna-fishing agreements in the 
Indian  Ocean,  made  necessary  by  tuna’s  highly  migratory  nature.  The 
Community  has  concluded  similar  agreements  with  Seychelles  (the  largest, 
for  45 000  tonnes  of  tuna),  Madagascar  and  the  Comoros.  An  equivalent 
agreement is due to be concluded soon with Tanzania, and the Commission 
plans to open negotiations with Kenya. 

The Agreement is equally vital for the Mauritian economy; tuna fished in its 
Exclusive Economic Zone is a national resource generating foreign currency. 
Also  it  provides  employment  for  local  fishermen  and  in  the  processing 
sector. 

Fishing  activities  in  Mauritian  waters  are  to  some  extent  unsupervised, 
particularly  in  the  case  of  illegal  fishing  by  Asian  fleets.  As  long  as  this 
situation  prevails,  the  Mauritian  Government  will  continue  to  lose  revenue 
and will run the risk of overexploitation of its tuna stocks. It is, therefore, not 
only  in  the  Government's  interest  but  it  is  also  incumbent  upon  it  to  take 
steps to impose stricter controls on fishing activities. The EC could provide 
through  the  Agreement  the  necessary  measures  for  the  strengthening  of  the 
control  and  surveillance  (namely  by  setting  up  and  implementing  a  Vessels 
Monitoring System) for a better monitoring of the foreign fleets. 

5.1.3  Measures taken following ex post evaluation 

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 

23 

 
 
  
 
paid. If the expected catch is not achieved, the non-member country keeps the amount 
initially paid. 

In the case of Mauritius, the ex post evaluation shows that during the period 1992-2003, 
the utilisation of the available fishing possibilities in terms of licences by Community 
ship-owners  for  tuna  fishing  was  satisfactory:  it  increased  gradually  form  52,4 %  to 
84,2 % (see following table). 

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

Category 

Tuna 
seiners 

Surface 
longliners 

TOTAL  

% 

Fishing 
opportunities 
available  

Utilisation 

1999/2000 

2000/2001 

2001/2002 

2002/2003 

43 

40 

83 

28 

15 

43 

33 

21 

54 

32 

31 

63 

33 

36 

69 

51,8 % 

65 % 

76 % 

83 % 

In  respect  to  the  utilisation  of  the  fishing  possibilities  in  terms  of  catches,  overall, 
catches fell short of the reference weight, but increased in 2000 and again in 2002 as 
the following table shows: 

Utilisation of the EC/Mauritius tuna-fishing agreement 
Declared annual catches of seiners and longliners (in tons) 

Spain 

France 

Portugal 

Italy 

United Kingdom 

1996 

1997 

1998 

1999 

2000 

2001 

2002 

– 

1.244 

402 

1.888 

– 

– 

– 

– 

– 

– 

20 

94 

– 

– 

– 

– 

1.058 

100 

60 

156 

3.010 

1.657 

3.768 

– 

– 

– 

– 

– 

– 

– 

50 

– 

– 

– 

– 

Total 

402 

3.132 

114 

156 

4.068 

1.807 

3.828 

Reference tonnage  6.000 

7.500 

7.500 

7.500 

5.500 

5.500 

5.500 

Catches in % of 
the reference 
tonnage 

6,8 

41,8 

1,5 

2,1 

74 

32,9 

69,6 

Concerning  the  state  of  the  stocks,  it  is  to  be  noted  that  all  the  highly  migratory 
species  in  the  Indian  Ocean  are  managed  by  the  Indian  Ocean  Tuna  Commission 
(IOTC).  Following  the  opinion  of  its  Scientific  Committee,  the  IOTC  adopts 
resolutions  applicable  to  all  members.  The  EC  and  Mauritius  are  members  of  the 
IOTC and therefore bound to any resolution adopted by this Commission. 

24 

 
 
  
 
 
 
 
 
 
 
 
 
 
There is no resolution presently developed by the IOTC concerning tuna or any other 
highly migratory species. Also, there are no TACs and quotas for the tuna species in 
the Indian Ocean, since the state of the stocks is in good shape. 

If you consider that total catches in the Indian Ocean for the year 2000 were 393,000 
tons  for  skipjack  tuna,  304,000  tons  for  yellowfin  tuna  and  131,000  tons  for  bigeye 
tuna  (828,000  tons  in  total),  which  are  the  most  commonly  caught  species,  it  is 
evident  that  a  reference  tonnage  of  5,500  tons  per  year  in  the  Mauritian  Exclusive 
Economic  Zone  (as  fixed  by  the  protocol  1999-2002)  does  not  have  any  negative 
impact to the state of the resources neither at a national nor at a regional level (source: 
report  of  the  5th  session  of  the  Scientific  Committee  of  the  IOTC,  Seychelles,  2-6 
December 2002). 

Finally, the ex post evaluation stressed the need of an efficient control and surveillance 
system, in order to combat illegal fishing and to promote a responsible and sustainable 
fishery in the Indian Ocean. 

The  elements  modified  or  inserted  in  the  new  protocol  following  the  ex  post 
evaluation are presented hereafter. 

– “Classical” elements 

Fishing  opportunities,  reference  tonnage,  financial  compensation,  fees,  licences  and 
other  technical  measures  are  included  in  all  the  fishing  protocols  the  Community 
concludes with third countries and are subject to negotiations with its partners: 

– 

– 

– 

Reference tonnage: it has been increased form 5.500 tons to 6.500 of tuna par 
year. It involves a 12 % increase after four years (1999-2003), which may be 
considered  moderate  and  the  outcome  of  a  reasonable  negotiation.  It  has  to 
be noted that under the protocol 1996-1999 the reference tonnage was 7.500 
tons  of  tuna  per  year,  fact  that  was  used  as  a  benchmark  by  the  Mauritian 
authorities and influenced the result of the last negotiation. Besides, scientist 
advice  shows  that  catches  in  the  Mauritius  Exclusive  Economic  Zone  shall 
increase.  Finally,  the  increase  has  no  negative  impact  to  the  state  of  the 
resources. 

Fishing possibilities: following the increase of the reference tonnage, the new 
Protocol  grants  fishing  possibilities  for  41  tuna  seiners  and  49  surface 
longliners, against 43 and 40 respectively in the expiring Protocol. 

Financial  compensation:  € 487,500  per  year,  composed  by  € 292,500  to  be 
paid  to  the  public  Treasury  of  Mauritius  and  € 195,000  to  finance  targeted 
measures.  The  allocation  of  the  amounts  has  been  decided  according  to  the 
needs and priorities of the Mauritian national policy. In the previous protocol 
the  financial  compensation  was  € 412,500,  equally  allocated  to  the  public 
Treasury and targeted measures. 

– 

Ship-owners fees and advance payments: 

25 

 
 
  
 
•  the  fee  paid  by  the  ship-owners  for  each  tonne  of  tuna  caught  in  the 
Mauritius  fishing  zone  is  fixed  to  € 25,  as  it  is  provided  to  all  the 
agreements concluded by the EC in the Indian Ocean; 

•  the  advance  payments  have  been  increased  in  respect  to  the  previous 

protocol:  

– 

– 

– 

For  tuna  seiners:  € 2,000  (instead  of  € 1,750  in  the  previous 
protocol)  per  year  per  tuna  seiner,  equivalent  to  the  fees  for 
80 tons (instead of 70 tons) of annual catches within the waters of 
Mauritius.  

For surface longliners: € 1,550 (instead of € 1,375 in the previous 
protocol)  per  year  for  surface  longliners  of  more  than  150  GRT 
and  € 1,100  (instead  of  € 1,000)  for  surface  longliners  of  150 
GRT or less. These amounts correspond respectively to the fees 
due for 62 tons (55 previously) and for 44 tons (40 previously) of 
annual catches in Mauritian waters. 

For vessels fishing by line: licences shall be valid for three, six or 
twelve  months.  The  fee  shall  be  fixed  in  relation  to  the GRT  as 
follows:  80 Euro  per  year  per GRT  pro rata  temporis  (remains 
the same as in the previous protocol). 

– New elements 

In  line  with  the  concept  of  responsible  and  sustainable  fisheries  and  in  order  to  better 
monitoring the EC fleet operating in the Mauritian waters, the following new elements 
have been introduced:  

i) 

ii) 

iii) 

iv) 

v) 

vi) 

duration of the Protocol 4 years instead of 3 up to now;  

exclusive clause prohibiting any private licence or other arrangement;  

obligation  for  the  Community  fleet  operating  in  the  Mauritian  waters  to 
embark local seamen and to apply the social clause; 

fishing outside 15 miles from the coast instead of 12 previously; 

obligation  for  the  Community  vessels  to  communicate  any  transhipment  in 
Mauritius, and 

sanctions  for  non-compliance  with  the  Protocol  and  the  relevant  Mauritian 
legislation. 

– Cost-effectiveness for the Community 

The  main  costs  for  the  EC  derive  from  the  payment  of  compensation  by  the 
Community  and  of  licences  fees  by  European  vessel-operators  in  favour  of  the 
Mauritian Government and though to the national fisheries sector. 

26 

 
 
  
 
The  Agreement  is  profitable  for  the  Community  in  that  the  value  of  catches  far 
exceeds the cost of the Protocol.  

The global unit cost (for the EC and for the ship-owners using the licenses) is 100 € 
per tonne of tuna out of which € 75 payable by the Community and € 25 payable by 
the  ship-owners.  The  financial  compensation  paid  by  the  EC  is  calculated  by 
multiplying this unit cost by the reference tonnage: € 75 x 6,500 tons = € 487,500 per 
year.  In  the  hypothesis  that  the  catches  of  the  EC  ship-owners  reach  6,500  tons 
(utilisation 100 % of the reference tonnage) the Community would pay € 487,500 and 
the ship-owners € 162,500, that is € 650,000 in total. 

The average commercial value of tuna is around € 875 per tonne. 

Skipjack  prices  declined  sharply  during  1999,  to  reach  US$ 400  per  tone  in 
Bankgkok. Prices recovered in early 2000, to US$ 750 per tone. 

Yellowfin  prices  were  US$ 1.000  per  tone  in  2002.  Yellowfin  originating  from  the 
Indian Ocean or from the Atlantic commands a higher price than yellowfin tuna from 
the Pacific. However, the price difference has been narrowing in recent years (source: 
GLOBEFISH  Databank,  tuna  prices  –  exports  –  imports  –  catches  –  consumptions, 
2002). 

If,  in  the  case  of  the  previous  example,  the  6,500  tons  were  commercialised,  they 
would have reached a price of € 5,687,500 ( = 6,500 tons x € 875). It results that the 
benefit would have been € 5,037,500 per year, that is 7.75 times the amount paid in 
Mauritius by the Community and the ship-owners together. 

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

– 

– 

– 

– 

guaranteed  employment  on  board  fishing  vessels  for  both  Community  and 
local fishermen; 

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

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

contribution  to  the  supply  of  fish  to  the  Community  and  to  the  Mauritian 
population. 

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. 

– Targeted measures 

Concerning the realisation and implementation of the targeted measures provided for 
in the protocol, after examination of the annual reports, it results that the competent 

27 

 
 
  
 
Mauritian  authorities  made  satisfactory  use  of  the  amount  earmarked  for  targeted 
measures in the extended Protocol for 2003.  

To support the fisheries sector in Mauritius the Community financed several projects 
(budget € 197.566). The following projects are currently under way: 

– 

– 

construction  of  a  fish  landing  station  at  Mer  Rouge,  Roche  Bois  of  an 
approximate  area  of  76  sq.m,  including  construction  of  a  leaching  field, 
construction of a septic tank, supply and lay tarmac paving for marking area 
with Kerb around; 

dredging of boat passages at Le Morne and at La Passe Vacoas (Trou d’Eau 
Douce)  –  these  passages  across  the  coral  reef  are  provided  with  a  view  to 
facilitate access by local fishermen to navigable waters of the high sea. Boats 
often have difficulties in crossing the reef particularly at low tide. The areas 
under  consideration  are  partially  exposed  to  low  tide,  are  narrow,  shallow 
and obstructed by basaltic rocks and boulders. 

A  request  for  financing  the  setting-up  of  a  VMS,  with  an  estimated  cost  of 
approximately € 260.000, is still pending, waiting for its implementation in 2004. This 
project is very important for the promotion of a responsible fishery in the Mauritius’ 
waters,  the  island  having  currently  limited  means  of  control  and  surveillance  of  the 
foreign vessels operating off Mauritius. 

Also,  € 25.000  have  been  utilised  for  training  and  participation  in  international 
Organisations and meetings. 

5.2 

Actions envisaged and arrangements for budget intervention 

For the period from 3 December 2003 to 2 December 2007, the Community will pay 
an overall financial contribution of € 487 500 per year instead of €412 500 under the 
previous protocol. 

An  amount  of  € 195 000  (40 %  of  the  overall  financial  contribution)  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).  Despite  the  fact  that  the  percentage  of  the  amount 
allocating  to  targeted  measures  has  been  diminished  (40 %  instead  of  50 %  in  the 
previous  protocol)  the  amount  remains  approximately  the  same  (€ 206 250  in  the 
previous protocol), according to the real needs of the Ministry for Fisheries. 

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. 

28 

 
 
  
 
6. 

FINANCIAL IMPACT 

6.1 

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

6.1.1 Financial intervention 

Year 2003 

2004 

2005 

2006 

Total 

Min 

Max1 

Min 

Max1 

Min 

Max1 

Min 

Max1 

Min 

Max1 

292 500 

780 000 

292 500 

780 000 

292 500 

780 000 

292 500 

780 000 

1 170 000 

3 120 000 

Figures in € 

195 000 

195 000 

195 000 

195 000 

195 000 

195 000 

195 000 

195 000 

780 000 

780 000 

487 500 

975 000 

487 500 

975 000 

487 500 

975 000 

487 500 

975 000 

1 950 000 

3 900 000 

Breakdown 
1st part of 
financial 
compensation 
Targeted 
measures 

TOTAL 

1 In case the annual catches exceed the reference tonnage, the financial compensation 
shall  increase  proportionally  at  the  rate  of  € 75  per  additional  ton  caught.  However, 
the total amount of the financial compensation can not exceed € 975 000. 

6.1.2. Technical and administrative assistance, support expenditure and 

IT expenditure (commitment appropriations) 

Year 2003 

2004 

2005 

2006 

Total 

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 

40 000 

20 000 

60 000 

TOTAL 

40 000 

20 000 

60 000

29 

 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
6.2. 

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

Number of 
outputs 
(total for years 
1…n) 

6 500 tons (41 
tuna seiners, 
49 surface 
longliners, 
25 grt per month 
for fishing by 
line) 

Breakdown 

Type of outputs 
(projects, files, etc.) 

Action 1 

Fishing opportunities in 
exchange for a financial 
compensation 

Action 2 
- Mesure 1 

- Mesure 2 
- Mesure 3 
TOTAL 
COST 

Scientific and technical 
programmes 
Training 
Control and surveillance 

Figures in € 

Average unit cost 

Total cost 
(total for years 1…n)

Min:€ 292,500 

Min: € 1,170,000 
Max: € 3,120,000 

€ 150,000 

€ 30,000 
€ 15,000 

€ 780,000 

Min: € 1,950,000 
Max: € 3,900,000 

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/ 
months 

Description of tasks 
deriving from the action 

Officials or 
temporary 
staff 
Other human 
resources 
Total 

A 
B 
C 

1 
1 
1 

3 

3 
0.5 
1.5 

5 

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  

30 

 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
The amounts are total expenditure for twelve months. 

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 

4 500
1 500
0
0
0

Total

6 000  

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) 

€ 39 375 

4 years 

€ 157 500 

8. 

FOLLOW-UP AND EVALUATION 

8.1 

Monitoring system 

Continuous monitoring was already done for the previous Protocols between the EC 
and Mauritius and is also foreseen for the new Protocol. The use of licences is closely 
followed and data on actual catches are regularly collected.  

As far as the targeted actions are concerned, there is a new provision that foresees the 
submission  of  a  detailed  annual  programming  by  the  partner  country,  including 
schedule  and  the  expected  objectives  of  specific  actions  to  be  undertaken,  before 
payments are made.  

Up  to  date  the  amounts  were  disbursed  upon  request  by  the  Mauritian  authorities, 
without any programming for the projects to be financed. The new system gives the 
Commission the possibility to be informed about the planned projects in advance and 
to cross-check the realisation of these projects at the end of each year. 

31 

 
 
  
 
 
 
 
 
 
To  this  effect,  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. In particular the 
Commission  shall  ensure  the  compatibility  of  these  measures  with  activities  in  a 
regional  level,  such  as  the  tuna  tagging  programme  (EU  financing:  about  €  14 
millions),  which  are  carried  out  under  the  responsibility  of  the  Indian  Ocean 
Commission  and  supported  by  the  EU  under  the  9th  EDF  Regional  Indicative 
Programme, reference to the “regional project on MSC (monitoring, surveillance and 
control) of € 3,5 millions. 

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  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 2007, the entire period which it covers 
(3 December 2003  to  2 December 2007)  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  ship-owners  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. 

32 

 
 
  
 
Finally  a  new  section  on  sanctions  has  been  inserted  to  the  Annex,  providing  that 
failure  to  observe  any  of  the  conditions  of  the  Protocol  and  Annex  or  any  relevant 
Mauritian legislation may be dealt with by suspension, revocation or non-renewal of 
the  licence  of  the  vessel  in  question,  apart  from  the  sanctions  foreseen  in  the 
Mauritian law. 

33