Council Regulation (EC) No 704/2008 of 15 July 2008 on the conclusion of the Protocol setting out the fishing opportunities and financial contribution provided for in the Fisheries Partnership Agreement between the European Community and the Islamic Republic of Mauritania for the period 1 August 2008 to  31 July 2012
Date: 2008-07-15
Institutions: Council of the European Union
Subjects: European Community, Mauritania, financial compensation of an agreement, fishing agreement, protocol to an agreement

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Official Journal of the European Union

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I

(Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory)

REGULATIONS

COUNCIL REGULATION (EC) No 704/2008

of 15 July 2008

on the conclusion of the Protocol setting out the fishing opportunities and financial contribution
provided for in the Fisheries Partnership Agreement between the European Community and the
Islamic Republic of Mauritania for the period 1 August 2008 to 31 July 2012

THE COUNCIL OF THE EUROPEAN UNION,

(3)

It is in the Community’s interest to approve the Protocol.

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

(4)

(5)

Having regard to the proposal from the Commission,

The Protocol replaces the previous Protocol approved by
way of Regulation (EC) No 1801/2006.

The method for allocating the fishing opportunities among
the Member States should be defined,

Having regard to the opinion of the European Parliament (1),

HAS ADOPTED THIS REGULATION:

Whereas:

Article 1

(1)

(2)

The Community and the Islamic Republic of Mauritania
have concluded a Fisheries Partnership Agreement. That
Agreement was approved by Council Regulation (EC)
No 1801/2006 (2) and entered into force on 5 December
2006.

The Protocol setting out the fishing opportunities and financial
contribution provided for in the Fisheries Partnership Agreement
between the European Community and the Islamic Republic of
Mauritania for the period 1 August 2008 to 31 July 2012 is
hereby approved on behalf of the Community.

The Community and the Islamic Republic of Mauritania
have negotiated and initialled a Protocol setting out the
fishing opportunities and financial contribution provided
for in the Fisheries Partnership Agreement for the period
1 August 2008 to 31 July 2012.

Article 2

The text of the Protocol is attached to this Regulation.

(1) Opinion of 10 July 2008 (not yet published in the Official Journal).
(2) OJ L 343, 8.12.2006, p. 1.

The fishing opportunities set out in the Protocol shall be

1.
allocated among the Member States as follows:

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Fishing category

GT or maximum number of
licences per licence period

Member State

Category 1: Vessels fishing for crustaceans other
than spiny lobster and crab

9 570 GT

Category 2: Black hake trawlers and bottom
longliners

3 240 GT

Spain

Italy

Portugal

Spain

GT, licences or annual
catch ceiling by
Member State

7 313 GT

1 371 GT

886 GT

3 240 GT

Category 3: Vessels fishing for demersal species
other than black hake with gear other than
trawls

Category 4: Freezer trawlers fishing for demer-
sal species

Category 5: Cephalopods

Category 6: Spiny lobster

Category 7: Freezer tuna seiners

Category 8: Pole-and-line tuna vessels and sur-
face longliners

Category 9: Pelagic freezer trawlers

1 162 GT

Spain

1 162 GT

375 GT

Greece

375 GT

13 950 GT

32 licences

300 GT

22 licences

22 licences

Spain

Italy

Portugal

Greece

Portugal

Spain

France

Spain

France

17 licences for a reference
tonnage of
250 000 tonnes

24 licences

4 licences

1 licence

3 licences

300 GT

17 licences

5 licences

18 licences

4 licences

Category 10: Crab fishing

300 GT

Spain

300 GT

Category 11: Non-freezer pelagic vessels

15 000 GT per month,
averaged over the year

2.
Under the Protocol, unused category 11 fishing opportuni-
ties (non-freezer pelagic vessels) may be used by category 9
(pelagic freezer trawlers) at a maximum rate of 20 licences per
month.

2009, those plans shall be sent to the Commission not later than
31 January of each year.

3.
For category 9 (pelagic freezer trawlers), once the Commis-
sion has received an annual fishing plan drawn up by the Mem-
ber States with details of applications by vessel, it shall forward
licence applications to the Mauritanian authorities. On this basis,
and taking into account the extent to which the reference quota
of 250 000 tonnes has been used, the Commission shall inform
the Mauritanian authorities whether or not use is to be made of
the supplementary quota of 50 000 tonnes over and above the
reference quota If relevant,
the Commission shall request
those authorities to increase the supplementary quota of
50 000 tonnes.

If licence applications for category 9 (pelagic freezer trawlers)
exceed the maximum permitted number per reference period, the
Commission shall give priority to forwarding to the Mauritanian
authorities applications from vessels which made most use of
licences in the nine months preceding the lodging of those
applications.

4.
For category 11 (non-freezer pelagic vessels), the Commis-
sion shall forward licence applications to the Mauritanian authori-
ties once it has received an annual fishing plan from the Member
States with details of applications by vessel. This plan shall be sent
to the Commission not later than 1 December of the previous
year. It shall specify the number of GT planned for each month of
activity.

The annual fishing plan shall specify for each vessel the months
of activity and the estimated catches for each month of activity.
For the first year of application of the Protocol, fishing plans shall
be sent to the Commission not later than 15 October 2008. From

In the event of applications for more than 15 000 GT per month
averaged over the year, allocation shall be carried out on the basis
of the fishing plans referred to in the first subparagraph.

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Article 3

1.
The management of fishing opportunities shall be con-
ducted in accordance with Article 20 of Council Regulation (EC)
No 2371/2002 of 20 December 2002 on the conservation and
sustainable exploitation of fisheries resources under the Common
Fisheries Policy (1).

2.
If the licence applications from the Member States referred
to in Article 2 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.

Mauritanian fishing zone in accordance with Commission Regu-
lation (EC) No 500/2001 of 14 March 2001 laying down detailed
rules for the application of Council Regulation (EEC) No 2847/93
on the monitoring of catches taken by Community fishing ves-
sels in third country waters and on the high seas (2).

Article 5

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

Article 6

Member States whose vessels fish under this protocol shall notify
the Commission of the quantities of each stock caught within the

This Regulation shall enter into force on the seventh day follow-
ing 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 Brussels, 15 July 2008.

For the Council
The President
M. BARNIER

(1) OJ L 358, 31.12.2002, p. 59. Regulation as amended by Regulation

(EC) No 865/2007 (OJ L 192, 24.7.2007, p. 1).

(2) OJ L 73, 15.3.2001, p. 8.