Proposal for a Council Regulation on the conclusion of the Agreement in the form of an Exchange of Letters concerning the amendments to the Protocol setting out the fishing opportunities and the financial contribution provided for in the Agreement on cooperation in the sea fisheries sector between the European Community and the Islamic Republic of Mauritania for the period 1 August 2001 to 31 July 2006
Date: 2005-01-31
Institutions: European Commission
Subjects: Mauritania, cooperation agreement, financial compensation of an agreement, fishing agreement, fishing rights, sea fishing

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 31.1.2006 
COM(2005) 591 final/2 

2005/0229 (CNS) 

CORRIGENDUM : Annule et remplace la fiche financière du document COM(2005)591 final 
du 23.11.2005. (Traduction de la fiche). Concerne toutes les versions linguistiques excepté 
FR. 

Proposal for a 

COUNCIL REGULATION 

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

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

The purpose of this proposal is to amend the existing Protocol to the Agreement on cooperation 
in  the  sea  fisheries  sector  between  the  European  Community  and  the  Islamic  Republic  of 
Mauritania. 

On the basis of the conclusions of the technical working group comprising representatives of the 
Mauritanian administration and the European Commission, which held technical meetings from 
30 June  to  2  July  and  on  14  and  15  July  in  Nouakchott  and  from  7  to  10  September  2004  in 
Brussels,  and  in  the  light  of  the  scientific  opinions  available,  the  two  parties  reached  the 
conclusion at the Joint Committee meeting held on 10 September 2004 in Brussels that a number 
of  measures  should  be  taken  concerning  the  management  of  the  fishing  effort  in  Mauritania's 
exclusive economic zone (EEZ).  

The Agreement on the amendments to the existing Protocol has been formalised by an Exchange 
of Letters.  

The measures in question are aimed, on the one hand, at reducing the catch rate for cephalopods 
by  decreasing  the  fishing  effort  and,  on  the  other,  by  increasing  the  number  of  licences  in  the 
pelagic and tuna categories. In order to help integrate fleets flying the flags of the new Member 
States  and  guarantee  continued  access  for  Community  fishing  vessels  traditionally  operating 
under the above-mentioned Agreement, licences for the pelagic category will be awarded on the 
basis of the licence applications received from all Member States, taking into account the fishing 
activities traditionally carried on under this Agreement. If need be, the Commission will make a 
proposal on the allocation of licences for the pelagic category among the Member States.  

The  suspension  of  five  cephalopod  licences,  which  was  the  subject  of  a  consultation  with  the 
Member  States  as  far  back  as  March  2004,  has  now  been  compensated  for  under  this 
reorganisation  through  the  issue  of  these  new  pelagic  licences,  thus  guaranteeing  sound  and 
healthy  financial  management  by  allowing  fishing  opportunities  to  be  adjusted  in  accordance 
with resources and sectoral demands. The new balance achieved through this reorganisation was 
established  on  the  basis  of  the  results  of  the  2001  negotiations  on  the  existing  Protocol  and 
constitutes a very satisfactory outcome for the EC in cost-benefit terms. 

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

A  proposal  for  a  Council  Decision  on  the  provisional  application  of  the  Agreement  in  the 
form of an Exchange of Letters on the amendments to the Protocol is the subject of a separate 
procedure. 

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2005/0229 (CNS) 

Proposal for a 

COUNCIL REGULATION 

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

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) 

 The  Protocol  setting  out  the  fishing  opportunities  and  the  financial  contribution 
provided for in the Agreement on cooperation in the sea fisheries sector between the 
European  Community  and  the  Islamic  Republic  of  Mauritania  came  into  effect  on  1 
August 2001 and is valid until 31 July 20063. 

 In view of the scientific opinions on the state of resources in the Mauritanian EEZ and, 
in  particular,  the  results  of  the  fourth  and  fifth  working  groups  of  the  Mauritanian 
Institute of Oceanographic Research and Fisheries (IMROP) and of the joint scientific 
working  group,  and  in  the  light  of  the  conclusions  drawn  from  those  results  at  the 
meeting of the Joint Committee held on 10 September and 15 and 16 December 2004, 
the two parties have decided to amend the existing fishing opportunities. 

 The outcome of those amendments has been the subject of an Exchange of Letters and 
involves a temporary reduction in the fishing effort for cephalopods (category 5), the 
fixing of a second closed period of one month for demersal fishing, and an increase in 
the  number  of  pole-and-line  tuna  vessels  and  surface  longliners  (category  8)  and 
pelagic freezer trawlers (category 9). 

(4) 

 It is in the Community's interest to approve those amendments. 

1 
2 
3 

OJ C […],[…], p. […]. 
OJ C […],[…], p. […]. 
OJ L 341, 22.12.2001. 

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(5) 

 The  allocation  of  the  new  fishing  opportunities  among  the  Member  States,  as  thus 
amended, should be confirmed, 

HAS ADOPTED THIS REGULATION: 

Article 1 

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

The  text  of  the  Agreement  in  the  form  of  an  Exchange  of  Letters  is  attached  to  this 
Regulation. 

Article 2 

Following the amendments set out in the Exchange of Letters, the new fishing opportunities 
for  the  "pole-and-line  tuna  vessel  and  surface  longliner"  category  (Datasheet  No  8  of  the 
Protocol)  and  for  the  "pelagic  freezer  trawler"  category  (Datasheet  No  9)  shall  be  allocated 
among the Member States as follows:  

Fishing category 

Member State 

Pole-and-line tuna vessels 

Spain 

Surface longliners 

(vessels) 

Pelagic species (vessels) 

Portugal 

France 

Tonnage/Number of 
vessels which may be 
used 

20 + 3= 23 

3 + 0= 3 

8 + 1= 9 

15+10= 25 

The temporary suspension of five (5) fishing licences for the cephalopod fishing category shall 
take  effect  as  from  1 January 2005. The  future  reactivation  of  those  five  (5)  licences  shall  be 
decided by common accord in a Joint Committee meeting held between the Commission and the 
Mauritanian authorities on the basis of the state of resources.  

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

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

Article 3 

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

Done at Brussels, 

For the Council 
The President 

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AGREEMENT IN THE FORM OF AN EXCHANGE OF LETTERS 

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

A. 

Letter from the Government of the Islamic Republic of Mauritania 

Sir, 

With reference to the Protocol, initialled on 31 July 2001, setting out the fishing opportunities 
and  the  financial  contribution  provided  for  in  the  Agreement  on  cooperation  in  the  sea 
fisheries sector between the European Community and the Islamic Republic of Mauritania for 
the period 1 August 2001 to 31 July 2006 and the outcome of the Joint Committee meetings 
held on 10 September 2004 and 15 and 16 December 2004, I have the honour to inform you 
that the Government of the Islamic Republic of Mauritania is prepared to apply, in accordance 
with scientific opinion, a temporary reduction in the fishing effort for the cephalopod fishing 
category, as specified in Datasheet No 5 of this Protocol, by temporarily decreasing by five 
licences the fishing opportunities offered by the Protocol. The future reactivation of those five 
licences  shall  be  decided  by  common  accord  on  the  basis  of  the  state  of  resources.  The 
Government  of  the  Islamlic  Republic  of  Mauritania  shall  also  decide  on  a  second  closed 
period of one month for demersal fishing on a non-discriminatory basis. The Government of 
the Islamic Republic of Mauritania also undertakes to apply the amendments to the Protocol 
concerning  the  fishing  opportunities  laid  down  in  Fishing  Datasheet  No  8  for  the  pole-and-
line tuna vessel and surface longliner fishing category by raising the number of vessels in this 
category from 31 to 35, and those laid down in Fishing Datasheet No 9 for the pelagic freezer 
trawler fishing category by raising the number of vessels in this category from 15 to 25, on a 
provisional basis with effect from 1 January 2005, pending its entry into force, provided that 
the European Community is prepared to do the same. 

I  should  be  obliged  if  you  would  confirm  the  European  Community's  agreement  to  such 
provisional application. 

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

For the Government of the Islamic Republic of Mauritania 

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B. 

Letter from the European Community 

Sir, 

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

"Sir, 

With reference to the Protocol, initialled on 31 July 2001, setting out the fishing opportunities 
and  the  financial  contribution  provided  for  in  the  Agreement  on  cooperation  in  the  sea 
fisheries sector between the European Community and the Islamic Republic of Mauritania for 
the period 1 August 2001 to 31 July 2006 and the outcome of the Joint Committee meetings 
held on 10 September 2004 and 15 and 16 December 2004, I have the honour to inform you 
that the Government of the Islamic Republic of Mauritania is prepared to apply, in accordance 
with scientific opinion, a temporary reduction in the fishing effort for the cephalopod fishing 
category, as specified in Datasheet No 5 of this Protocol, by temporarily decreasing by five 
licences the fishing opportunities offered by the Protocol. The future reactivation of those five 
licences  shall  be  decided  by  common  accord  on  the  basis  of  the  state  of  resources.  The 
Government  of  the  Islamlic  Republic  of  Mauritania  shall  also  decide  on  a  second  closed 
period of one month for demersal fishing on a non-discriminatory basis. The Government of 
the Islamic Republic of Mauritania also undertakes to apply the amendments to the Protocol 
concerning  the  fishing  opportunities  laid  down  in  Fishing  Datasheet  No  8  for  the  pole-and-
line tuna vessel and surface longliner fishing category by raising the number of vessels in this 
category from 31 to 35, and those laid down in Fishing Datasheet No 9 for the pelagic freezer 
trawler fishing category by raising the number of vessels in this category from 15 to 25, on a 
provisional basis with effect from 1 January 2005, pending its entry into force, provided that 
the European Community is prepared to do the same. 

I  should  be  obliged  if  you  would  confirm  the  European  Community's  agreement  to  such 
provisional application." 

I  have  the  honour  to  confirm  the  European  Community's  agreement  to  such  provisional 
application. 

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

On behalf of the European Community 

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SIMPLIFIED FINANCIAL STATEMENT 

Policy area(s): 11 Fisheries 

Activity(ies): 1103 International fisheries agreements 

TITLE  OF  ACTION:  AGREEMENT  IN  THE  FORM  OF  AN  EXCHANGE  OF  LETTERS  CONCERNING 
THE  AMENDMENTS  TO  THE  PROTOCOL  SETTING  OUT  THE  FISHING  OPPORTUNITIES 
AND  THE  FINANCIAL  CONTRIBUTION  PROVIDED  FOR  IN  THE  AGREEMENT  ON 
COOPERATION IN THE SEA FISHERIES SECTOR BETWEEN THE EUROPEAN COMMUNITY 
AND THE ISLAMIC REPUBLIC OF MAURITANIA FOR THE PERIOD 1 AUGUST 2001 TO 31 
JULY 2006. 

1. 

BUDGET LINE(S) + HEADING(S) 

110301 : "International fisheries agreements" 

2. 

2.1 

2.2 

2.3 

OVERALL FIGURES 

in  commitment 
Total  allocation  for  action  (Part  B):  EUR  86 000 000 
appropriations  for  the  EC/Mauritania  Agreement  in  force.  This  amendment  to  the 
Protocol has no additional budgetary impact. 

Period of application: 1 August 2001 to 31 July 2006 

Overall multiannual estimate of expenditure: 

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

EUR million (to 3 decimal places) 

2002 

2003 

2004 

2005 

Total 

86 

86 

86 

86 

430 

86 

86 

86 

86 

430 

Year 
2001 

86 

86 

Commitment 
appropriations 

Payment 
appropriations 

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

Commitment 
appropriations 

Payment 
appropriations 

- 

- 

- 

- 

- 

- 

- 

- 

- 

- 

- 

- 

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Subtotal a+b 

Commitment 
appropriations 

Payment 
appropriations 

86 

86 

86 

86 

86 

430 

86 

86 

86 

86 

86 

430 

2.4 

Compatibility with financial programming and the financial perspective 

⌧ 

Proposal compatible with existing financial programming 

(cid:133) 

Proposal  will  entail  reprogramming  of  the  relevant  heading  in  the 
financial perspective. 

(cid:133)  The  proposal  may  require  application  of  the  provisions  of  the 

Interinstitutional Agreement. 

(cid:133) 
Type of cost: this involves defining the economic classification of expenditure, 
by distinguishing between current and capital expenditure. This classification permits 
a clearer link between the budget accounts and the general accounts  

⌧  Operating expenditure: linked to charges for the year. 

(cid:133)  Capital expenditure: linked to the balance sheet headings. What type of 

activity is this expenditure intended to finance? 

3. 

BUDGET CHARACTERISTICS 

Type of expenditure 

New 

EFTA 
contribution 

Contribution 
by applicant 
countries 

Heading in 
financial 
perspective 

NO           

NO           

NO 

No 04           

Compulsory 
expenditure 

Differen-
tiated 
approp-
riations 

4. 

LEGAL BASIS 

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

- EC/Mauritania Fisheries Agreement (Council Regulation (EC) No 2528/2001 of 17 
December 2001)  

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5. 

5.1 

DESCRIPTION AND GROUNDS 

Need for Community intervention4 

5.1.1 Objectives pursued 

On  the  basis  of  the  conclusions  of  the  working  group,  which  held  technical  meetings  on 
30 June-2 July and 14-15 July in Nouakchott and on 7-10 September 2004 in Brussels, and in 
the light of the scientific opinions available, the two parties reached the conclusion at the Joint 
Committee  meeting  held  on  10  September  2004  in  Brussels  that  new  fishing  opportunities 
should be established. Those amendments concern in particular:  

–  A temporary reduction in the fishing effort for the cephalopod fishing category (Datasheet 
No 5 of the Protocol), by temporarily decreasing by five licences the fishing opportunities 
offered by the Protocol.  The future reactivation of those five licences will  be decided  by 
common accord on the basis of the state of resources.  

–  The Mauritanian authorities will also decide on a second closed period of one month for 

demersal fishing. 

–  For  the  pole-and-line  tuna  vessel  and  surface  longliner  category  (Datasheet  No  8  of  the 

Protocol), the number of vessels will be raised from 31 to 35. 

–  For  the  pelagic  freezer  trawler  fishing  category  (Datasheet  No  9  of  the  Protocol),  the 

number of vessels will be raised from 15 to 25. 

The two parties therefore engaged in an Exchange of Letters in order to amend the existing 
Protocol accordingly.  

The new fishing opportunities have been shared out among the Member States in proportion 
to the allocation defined in the original Protocol. 

5.1.2 Measures taken in connection with ex ante evaluation 

Since amending the Protocol has no impact on either financing or the objectives pursued, an 
ex ante evaluation of the changes is unnecessary. 

An  ex  ante  evaluation  and  an  impact  analysis  will  be  carried  out  in  the  context  of  the 
renegotiation of the Protocol in 2005 and 2006. 

5.1.3 Measures taken following ex post evaluation 

An ex post evaluation covering the entire period of the Protocol will be undertaken before the 
start of the negotiations mentioned in point 5.1.2. 

5.2 

Actions envisaged and budget intervention arrangements 

Objective of the proposal:  

4 

For further information, see separate explanatory note. 

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–  A temporary reduction in the fishing effort for the cephalopod fishing category (Datasheet 
No 5 of the Protocol), by temporarily decreasing by five licences the fishing opportunities 
offered by the Protocol.  The future reactivation of those five licences will be decided  by 
common accord on the basis of the state of resources and the scientific opinions which are 
issued  in  the  context  of  the  joint  scientific  working  group  set  up  by  the  Protocol. 
Mauritania  and  the  Community  will  decide  by  common  accord  on  the  practical 
arrangements for implementing this temporary reduction.  

–  The Mauritanian authorities will also decide on a second closed period of one month for 

demersal fishing.  

–  For  the  pole-and-line  tuna  vessel  and  surface  longliner  category  (Datasheet  No  8  of  the 

Protocol), the number of vessels will be raised from 31 to 35. 

–  For  the  pelagic  freezer  trawler  fishing  category  (Datasheet  No  9  of  the  Protocol),  the 

number of vessels will be raised from 15 to 25. 

These amendments to the Protocol will make it possible:  

–  in  the  case  of  the  cephalopod  category,  to  bring  the  fishing  effort  more  closely  into  line 

with the stock situation, 

–  to allow an increase in the number of licences on account of the increase in demand and 

the zone changes operated by pole-and-line vessels in the region, 

–  to ensure uniform treatment and supervision for the entire European pelagic fleet operating 
in the Mauritanian EEZ (Netherlands, Germany, Lithuania and Latvia), in keeping with the 
eligibility criteria laid down by the Protocol. 

5.3 

Methods of implementation 

Implementation  of  the  Protocol  concerned  is  the  sole  responsibility  of  the  Commission  and 
will be undertaken by its officials both in Brussels and in its Delegation in Mauritania.  

The Industrial Fisheries Directorate within the Ministry of Fisheries and Maritime Economy 
will be responsible for issuing fishing licences. 

During  2004,  at  the  request  of  the  Commission,  three  EC/IRM  Joint  Committee  meetings 
were  held  (14-15  February,  6-11  September  and  15-16  December).  In  the  same  context,  an 
EC/IRM  technical  working  group  also  met  twice  (30  June-2  July  and  14-15  July)  in 
Nouakchott. 

During the Joint Committee meeting in February, it was decided that a joint technical working 
group should be set up to examine the following: 

•  the state of all the stocks covered by the Fisheries Agreement, 

•  the rules governing fishing of juveniles and marketing of juvenile octopus, 

•  zones and interaction between the different fisheries, 

•  biological rest periods, 

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•  technical standards for fishing gear. 

The Joint Committee meeting of 15 and 16 December 2004 led to the signature of a statement 
which made it possible to reach an agreement on all those points and to formalise it by menas 
of the exchange of letters amending the Protocol. 

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