Proposal for a Council Decision on the signature, on behalf of the European Community, and the provisional application 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: 2005-11-23
Institutions: European Commission
Subjects: Mauritania, cooperation agreement, financial compensation of an agreement, fishing agreement, fishing rights, sea fishing

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 23.11.2005 
COM(2005) 584 final 

Proposal for a 

COUNCIL DECISION 

on the signature, on behalf of the European Community, and the provisional application 
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. 

On  this  basis,  the  Commission  proposes  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 on the amendments to the Protocol is the subject of a separate procedure. 

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Proposal for a 

COUNCIL DECISION 

on the signature, on behalf of the European Community, and the provisional application 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 Economic 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) 

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 20062. 

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). 

So  that  those  amendments  to  fishing  opportunities  can  apply  as  soon  as  possible,  the 
Agreement should, therefore, be signed in the form of an Exchange of Letters, subject to 
its definitive conclusion by the Council. 

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

1 
2 

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

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HAS DECIDED AS FOLLOWS: 

Article 1 

The  signature  of  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 by the 
Council on behalf of the Community. 

The text of the Agreement in the form of an exchange of letters is attached to this Decision. 

Article 2 

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  on  behalf  of  the  Community  subject  to  its 
conclusion. 

The Agreement in the form of an Exchange of Letters shall be applied on a provisional basis by 
the Community as from 1 January 2005. 

Article 3 

Article 4 

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. 

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Done at Brussels, 

For the Council 
The President 

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AGREEMENT IN THE FORM OF AN EXCHANGE OF LETTERS 

concerning the provisional application of the Protocol 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 

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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