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: 2008-08-04
Institutions: European Community, Mauritania
Subjects: European Community, Mauritania, financial compensation of an agreement, fishing agreement, fishing rights, protocol to an agreement

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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

PROTOCOL

Article 1

Period of application and fishing opportunities

4.
The Community shall pay the financial contribution no later
than 31 August 2008 for the first year and no later than 1 August
for the following years.

1.
For a period of four years from 1 August 2008, the fishing
opportunities granted under Articles 5 and 6 of the Agreement
shall be as laid down in the table attached to this Protocol. These
opportunities form part of the overall fishing effort shown in
Annex III laid down by the Mauritanian authorities on the basis
of available scientific advice and regularly updated.

Paragraph 1 shall apply subject to Articles 4 and 5 of this

2.
Protocol.

3.
Under Article 6 of the Agreement, vessels flying the flag of
a Member State of the European Community may fish in Mauri-
tanian fishing zones only if they are in possession of a fishing
licence issued under this Protocol in accordance with the Annexes
hereto.

Article 2

Financial contribution — Methods of payment

1.
The financial contribution under Article 7 of the Agreement
shall be set at EUR 86 million, EUR 76 million, EUR 73 million
and EUR 70 million for the first, second, third and fourth years
respectively (1). Of those amounts, EUR 11 million, EUR 16 mil-
lion, EUR 18 million and EUR 20 million for the first, second,
third and fourth years respectively shall be allocated by Maurita-
nia to financial support for the implementation of the national
fisheries policy, as provided for in Article 7(1)(b) of the Agree-
ment, including EUR 1 million per year for support for the Banc
d’Arguin National Park (PNBA).

2.
In the event of the overall tonnage of 250 000 tonnes per
year for category 9 (pelagics) being exceeded, the Community
shall pay an additional contribution of EUR 40 per tonne fished.

Paragraph 1 shall apply subject to Articles 4, 5, 6, 7, 9, 10

3.
and 13 of this Protocol.

(1) Plus the contributions to be paid by shipowners as provided for in
Chapter III of Annex I, paid direct to Mauritania into the account pro-
vided for in Chapter IV of Annex I, which are estimated at EUR 15 mil-
lion per year.
In addition, subject to signature, the Strategy Paper and National
Indicative Programme under the 10th EDF for Mauritania includes,
inter alia, estimates of budgetary support of EUR 40 million over a
three-year period from 2009 if the requisite conditions are met. In the
event of a positive overall performance at the time of the mid-term
review of the 10th EDF in 2010, including the sectoral fisheries policy,
an increase in the programmable allocation under the 10th EDF may
be considered.

5.
The financial contribution shall be paid into a single account
held by the Islamic Republic of Mauritania’s Public Treasury with
the Central Bank of Mauritania, the references of which shall be
communicated by the Ministry.

6.
Subject to Article 6 of this Protocol, the allocation of this
contribution and of the support for the PNBA shall be decided
within the framework of the Mauritanian Finance Act and, this
being the case, the Mauritanian State shall have full discretion
regarding the use to which it is put.

Article 3

Scientific cooperation

1.
The two Parties undertake to promote responsible fishing in
Mauritanian fishing zones on the basis of the principles of sus-
tainable management.

2.
During the period covered by this Protocol, the two Parties
shall cooperate to develop certain issues relating to the develop-
ment of the state of resources in Mauritanian fishing zones; to this
end a Joint Scientific Committee shall meet at least once a year, in
accordance with Article 4(1) of the Agreement. At the request of
one of the Parties and where needed within the framework of this
Protocol, other meetings of this Scientific Committee may also be
convened.

3.
Based on the conclusions of the work of the Joint Scientific
Committee and the best available scientific advice, the two Parties
shall consult each other within the Joint Committee provided for
in Article 10 of the Agreement and, where necessary and by
mutual agreement, adopt measures to ensure the sustainable man-
agement of fisheries resources.

The remit of the Joint Scientific Committee shall cover in

4.
particular the following activities:

(a) drawing up an annual scientific report on the fisheries cov-

ered by this Agreement;

(b)

(c)

identifying and implementing an annual programme dealing
with specific scientific issues in order to improve understand-
ing of the state of resources and changes to ecosystems;

studying, under a procedure agreed by consensus within the
Committee, scientific questions which arise in the course of
implementing this Agreement;

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(d) carrying out, among other things, and as required, explor-
atory fishing trips to determine the fishing opportunities and
exploitation options which guarantee the conservation of
resources and their ecosystem.

Article 4

Review of fishing opportunities

1.
The fishing opportunities referred to in Article 1 of this Pro-
tocol may be increased by mutual agreement provided that the
conclusions of the Joint Scientific Committee referred to in
Article 4(1) of the Agreement confirm that such an increase will
not endanger
the sustainable management of Mauritania’s
resources. In this case the financial contribution referred to in
Article 2(1) of this Protocol shall be increased proportionately and
pro rata temporis. However, the total amount of the financial con-
tribution paid by the European Community shall not be more
than twice the amount indicated in Article 2(1) of this Protocol
and shall remain proportionate to the increase in fishing
opportunities.

2.
Conversely, if the Parties agree to adopt measures as referred
to in Article 3(3) of this Protocol resulting in a reduction in the
fishing opportunities provided for in Article 1 of this Protocol, the
financial contribution shall be reduced proportionately and pro-
rata temporis. Without prejudice to Article 6 of this Protocol, this
financial contribution could be suspended by the European Com-
munity if it is not possible to use any of the fishing opportunities
provided for in this

3.
The allocation of the fishing opportunities among different
categories of vessels may also be reviewed by mutual agreement
between the Parties, provided that any changes comply with rec-
ommendations made by the Joint Scientific Committee regarding
the management of stocks liable to be affected by such redistri-
bution. The Parties shall agree on the corresponding adjustment
of the financial contribution where the redistribution of fishing
opportunities so warrants.

4.
The adjustments of fishing opportunities provided for in
paragraphs 1, 2 and 3 shall be decided by mutual agreement
between the two Parties in the Joint Committee provided for in
Article 10 of the Agreement.

Article 5

Exploratory fishing

1.
The Parties may carry out exploratory fishing trips in Mau-
ritanian fishing zones, subject to an opinion by the Joint Scien-
tific Committee provided for in Article 4 of the Agreement. To
this end, they shall hold consultations whenever one of the Par-
ties so requests and determine, on a case-by-case basis, relevant
new resources, conditions and other parameters.

2.
Authorisations to carry out exploratory fishing shall be
granted for test purposes for a period of no more than six months
and in accordance with Article 6(2) of the Agreement. They shall
be subject to the payment of a fee.

3. Where the Parties conclude that the exploratory fishing trips
have produced positive results, while preserving ecosystems and
conserving living marine resources, new fishing opportunities
may be awarded to Community vessels following the consulta-
tion procedure provided for in Article 4 of this Protocol and until
the expiry of the Protocol and in accordance with the allowable
effort. The financial contribution shall be increased in accordance
with Article 4.

4.
Exploratory fishing shall be carried out in close collabora-
tion with the Mauritanian Institute of Oceanographic Research
and Fisheries (IMROP). IMROP shall decide the composition of the
team of researchers and observers to be taken on board. Their
expenses shall be borne by the shipowners. The data produced by
exploratory fishing shall be the subject of a report by IMROP
which shall be communicated to the Ministry.

5.
Catches made during exploratory fishing shall be the prop-
erty of the shipowner. Catches of species of a non-regulatory size
and species which may not be fished, kept on board or sold under
Mauritanian law shall be prohibited.

6.
Unless otherwise provided by mutual agreement between
the two Parties, vessels operating under exploratory fishing
arrangements shall land all their catches in Mauritania.

Article 6

Contribution of the Fisheries Partnership Agreement to
the implementation of Mauritania’s sectoral fisheries
policy

1.
The financial support under Article 7(1)(b) of the Agree-
ment shall be set at EUR 11 million, EUR 16 million, EUR 18 mil-
lion and EUR 20 million for the first, second, third and fourth
years respectively in accordance with Article 2(1) of this Proto-
col. This financial support shall contribute to the development
and implementation of the Stratégie Nationale de Développement
durable du secteur des Pêches de Mauritanie (national strategy for
the sustainable development of Mauritania’s fisheries sector) with
a view to introducing sustainable and responsible fishing in its
waters in keeping with the strategic objectives of conservation of
fish stocks and better integration of the sector into the national
economy, and in particular to the areas of activity listed in para-
graph 3 below, an indicative list of the indicators of which is given
in Annex IV, and to the PNBA.

2. Mauritania shall be responsible for managing the amount
corresponding to the financial support referred to in paragraph 1
above, in the light of objectives identified by mutual agreement
between the two Parties, the programming to attain them and the
indicators enabling such attainment to be assessed.

3. Without prejudice to the objectives identified by the two
Parties and in accordance with the priorities of the Stratégie
Nationale de Développement durable du secteur des Pêches de
Mauritanie and with a view to ensuring sustainable and respon-
sible management of stocks and promoting the development of
the sector, the two Parties agree to focus on:

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The following objectives in the context of fisheries development
and rent optimisation:

the Joint Committee provided for in Article 10 of the Agreement,
in accordance with the guidelines indicated in Annex IV and from
the entry into force of the Protocol, on:

— implementation of fisheries development plans (octopus,

prawns, ect.),

— stepping up of fisheries and oceanographic research,

— reinforcement of the surveillance authority,

— control and adjustment of capacities,

— development of new fisheries (sardines, anchovies, etc.).

The following objectives in the context of the increased economic
and social impact of the sector:

— development of port infrastructure and services,

— compliance with standards and promotion of quality, par-
ticularly in terms of improving health and hygiene conditions
in the production of fisheries products and strengthening the
monitoring
competent Mauritanian
the
authorities,

capacity of

— promotion of private investment in the sector, particularly by
upgrading and modernising production equipment, and pro-
motion of global competitiveness factors and comparative
advantages,

— development of non-industrial maritime fisheries, inland fish-

eries and aquaculture.

The following objectives in the context of protection of the
marine environment, habitats and the coastline:

— conservation of the marine environment and aquatic habitats,

— reinforcement of capacity for analysing and combating

marine pollution.

The following objectives in the context of the legal and institu-
tional framework:

— strengthening of the institutional capacity of the Ministry for

Fisheries and of the bodies reporting to it,

— improvement in the legal framework for the pursuit of fish-
eries activities and in the institutional environment of the
sector.

(a)

the annual and multiannual guidelines steering the imple-
mentation of the priorities of Mauritanian fisheries policy, as
identified in Article 6 above and targeted at introducing sus-
tainable and responsible fishing, and in particular those
referred to in Article 6(3) of this Protocol;

(b)

the annual and multiannual objectives to be achieved and the
criteria and indicators to be used to permit an evaluation of
the results achieved, on an annual basis.

2.
Any amendment of these guidelines, objectives, criteria and
evaluation indicators shall be approved by the two Parties within
the Joint Committee.

3.
In accordance with the objectives and guidelines defined
and implemented under the 2006-08 Protocol, in force until
31 July 2008, a multiannual programme for the sectoral support
provided under this Protocol per calendar year shall be notified to
the European Community not later than 1 March of each year.

For the first year of application of this Protocol, the multiannual
programme and annual allocation by Mauritania of the sectoral
support referred to in Article 6(1) of this Protocol shall be noti-
fied to the European Community at the time when the guidelines,
objectives, criteria and evaluation indicators are approved within
the Joint Committee and not later than 1 March.

Sectoral support shall be the subject of a joint mid-term review of
the attainment of the performance indicators for the current cal-
endar year in the month of June and a final joint review of the
attainment of those performance indicators in the month of Janu-
ary of the following year. In addition, Mauritania shall notify, not
later than 30 October of each year, the sectoral budgetary alloca-
tion provided for in the Finance Act for the following year.

4.
For the purpose of preparing for those joint reviews, the
Ministry shall send the Commission, not later than one month
before the joint mid-term review and joint final review respec-
tively are to be held, an interim and final annual report on the
implementation of the results achieved and any difficulties
encountered, and on the corrections and remedies proposed.

Article 7

Methods of implementing the support for Mauritania’s
sectoral fisheries policy

1. Without prejudice to Article 6(3) of this Protocol, the Euro-
pean Community and the Ministry shall reach agreement, within

The Commission reserves the right to request additional informa-
tion on those results from the Mauritanian authorities so as to
launch consultations with the Mauritanian authorities within the
Joint Committee provided for in Article 10 of the Agreement, in
order to adopt corrective measures which allow the given objec-
tives to be achieved.

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Article 8

Economic integration of Community operators in the
Mauritanian fisheries sector

Application of the Protocol may be suspended at the initia-
2.
tive of one of the Parties if the dispute between the two Parties is
deemed to be serious and if the consultations held within the Joint
Committee under paragraph 1 have not resulted in an amicable
settlement.

1.
The two Parties undertake to promote the economic inte-
gration of Community operators into the fisheries sector in Mau-
ritania as a whole. In this context, the two Parties shall together
carry out, in the course of 2008, objective assessments of the con-
straints associated with private investment in the fisheries sector
in Mauritania with a view to drawing up guidelines for the pro-
motion of investment, taking into account the development of
landing infrastructure, bringing up to standard and modernisation
of production tools and promotion of marketing channels
for fisheries products, as well as measures aimed at enhancing
the sector’s
legal and institutional environment and its
competitiveness.

2.
The two Parties agree to set up a joint think-tank to peri-
odically examine questions relating to the promotion of private
investment in the Mauritanian fisheries sector, and in particular
ways of facilitating the establishment of European private enter-
prises, joint enterprises between Mauritanian and European opera-
tors and appropriate forms of private-public partnership. This
think-tank shall be able to define a specific annual action plan and
jointly monitor its implementation, particularly in the context of
the contribution of the Partnership Agreement to the implemen-
tation of Mauritania’s sectoral fisheries policy.

3.
The two Parties also agree to organise an annual meeting in
the context of a forum aimed at promoting private partnership in
the Mauritanian fisheries sector. This annual forum, to which
European and Mauritanian operators shall be invited, shall be held
in Mauritania.

4.
In order to develop the fresh products sector in particular,
by way of an incentive Mauritania shall grant Community opera-
tors landing fish in Mauritanian ports (especially for the purposes
of sales to local industries, adding value to these products in Mau-
ritania or transporting catches made in Mauritanian fishing zones
by land) a reduction in the amount of fees, in accordance with
Annex I to this Protocol and with the relevant Mauritanian law.

3.
Suspension of application of the Protocol shall require the
interested Party to notify its intention in writing at least three
months before the date on which suspension is due to take effect.

4.
By way of derogation from the suspension procedure pro-
vided for in paragraphs 1, 2 and 3, the Community reserves the
right to suspend application of the Protocol immediately in the
event of failure by Mauritania to comply with commitments made
with regard to implementation of its sectoral fisheries policy. Such
suspension shall
immediately be notified to the Mauritanian
authorities.

5.
In the event of suspension, the Parties shall continue to con-
sult with a view to finding an amicable settlement to their dispute.
Once such settlement is reached, application of the Protocol shall
resume and the amount of the financial contribution shall be
reduced proportionately and pro rata temporis according to the
period during which application of the Protocol was suspended.

Article 10

Suspension of application of the Protocol on grounds of
non-payment

Subject to Article 4, if the European Community fails to make the
payments provided for in Article 2, application of this Protocol
may be suspended on the following terms:

(a) The Ministry shall notify the European Commission of the
non-payment. The Commission shall carry out the necessary
checks and, where necessary, transmit the payment within no
more than 30 working days of the date of receipt of the
notification.

(b)

If no payment is made and non-payment is not adequately
justified within the period provided for in paragraph (a)
above,
the competent Mauritanian authorities shall be
entitled to suspend application of this Protocol. They shall
inform the European Commission of such action forthwith.

(c) Application of the Protocol shall resume as soon as the pay-

ments concerned have been made.

Article 9

Disputes — suspension of application of the Protocol

Article 11

National law

1.
Any dispute between the Parties over the interpretation of
this Protocol and its Annexes or its application shall be the sub-
ject of consultations between the Parties within the Joint Com-
mittee provided for in Article 10 of the Agreement, in a special
meeting if necessary.

Without prejudice to the provisions of the Agreement, the activi-
ties of vessels operating under this Protocol and its Annexes, in
particular landing, transhipment, the use of port services and the
purchase of supplies, or any other activity shall be governed by
the laws and regulations in force in Mauritania.

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Article 12

Duration

Dispatch of the notification referred to in the previous para-

2.
graph shall open consultations by the Parties.

This Protocol and the Annexes hereto shall apply for a period of
four years from 1 August 2008, unless notice of termination is
given in accordance with Article 13.

Article 14

Entry into force

Article 13

Termination

1.
This Protocol and the Annexes hereto shall enter into force
on the date on which the Parties notify each other of the comple-
tion of the procedures necessary for that purpose.

1.
In the event of termination of the Protocol, the Party con-
cerned shall notify the other Party of its intention to withdraw
from the Protocol in writing at least six months before the date
on which such termination would take effect.

2.
They shall be applicable from 1 August 2008 in place of the
Protocol and the Annexes thereto covering the period 1 July 2006
to 31 July 2008.

Table of fishing opportunities

Type of fishing

.

.

3
1
7
2
0
0
8

CRUSTACEANS

DEMERSAL FISHING

CEPHALOPODS

PELAGIC FISHING

Category 1
Crustaceans
other than
spiny lobster
and crab

Category 10
Crab

Category 6
Spiny lobster

Category 2
Black hake
trawlers and
longliners

Category 3
Demersal species
other than black
hake with gear
other than trawls

Category 4
Trawlers target-
ing demersal
species other
than black hake

Category 5
Cephalopods

Category 7
Tuna seiners

Category 8
Pole-and-line
tuna vessels and
surface longlin-
ers

Category 9
Pelagic freezer
trawlers spe-
cies (1)

Category 11
Non-freezer pelagic
vessels (1)

E
N

Maximum GT
per licence
period

9 570 GT

300 GT

300 GT

3 240 GT

1 162 GT

375 GT

13 950 GT
32 vessels

22 vessels

22 vessels

17 licences

15 000 GT per
month, averaged
over the year

(1) Unused category 11 fishing opportunities may be used by category 9 at a maximum rate of 20 licences per month.

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i
c
i
a
l

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a
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e

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o
p
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a
n
U
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o
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2
0
3
/
9

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FISHING CATEGORY 1: VESSELS FISHING FOR CRUSTACEANS OTHER THAN SPINY LOBSTER
AND CRAB

(i) North of latitude 19° 21,0’ N, outside the zone marked by the following points:

1. Fishing zone

20° 46,3’ N
20° 40,0’ N
20° 05,0’ N
19° 35,5’ N
19° 28,0’ N
19° 21,0’ N

17° 03,0’ W
17° 07,5’ W
17° 07,5’ W
16° 47,0’ W
16° 45,0’ W
16° 45,0’ W

(ii) South of latitude 19° 21,0’ N, west of the six-mile line (see coordinate reference in Appendix 6 to Annex II).
Once the development plan for shrimp is adopted, this zoning may be revised by mutual agreement between
the Parties.

2. Authorised gear

Bottom shrimp trawl and other selective types of gear.

The two Parties are to carry out technical trials with a view to drafting rules on selectivity, in particular: (i) selec-
tivity grids for trawls, (ii) selective gear other than trawls. Selective gear are to be put into operation by
31 December 2009, following scientific, technical and economic evaluation of the results of these trials.

Doubling of the cod-end is prohibited. Doubling of the twine forming the cod-end is prohibited. Protective
aprons are authorised in accordance with Article 24 of the Mauritanian Fisheries Code.

50 mm

3. Minimum authorised mesh size

4. Biological recovery

Two (2) periods of two (2) months: May-June and September-October.

The two Parties may decide by mutual agreement within the Joint Committee to adjust, increase or reduce the
above biological recovery period, and to lay down closed periods in certain zones to protect nursery areas and
areas with a high concentration of juvenile fish.

5. By-catches and minimum sizes

In accordance with Mauritanian legislation (see Chapter VI and Appendix 5 to Annex I for by-catches and
Chapter V, point 5 and Appendix 6 to Annex I for minimum sizes).

Where Mauritanian legislation does not contain any rules on by-catches and minimum sizes for certain spe-
cies, the two Parties shall consult within the Joint Committee to lay down the authorised rate.

6. Authorised tonnage/Fees

Authorised tonnage (GT) per licence period

9 570 GT

9 570 GT

9 570 GT

9 570 GT

Fees in EUR per GT per year

291

303

315

315

2008/09

2009/10

2010/11

2011/12

7. Comments

The fees are fixed for the four-year period of application of the Protocol.

Landings and transhipments encouraged under the terms of the Protocol and of Annex I.

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FISHING CATEGORY 2: BLACK HAKE TRAWLERS (1) AND BOTTOM LONGLINERS

1.1.

(i) North of latitude 19° 15,6’ N, west of the line joining the following points:

1. Fishing zone

20° 46,3’ N

20° 36,0’ N

20° 36,0’ N

20° 03,0’ N

19° 45,7’ N

19° 29,0’ N

19° 15,6’ N

19° 15,6’ N

17° 03,0’ W

17° 11,0’ W

17° 36,0’ W

17° 36,0’ W

17° 03,0’ W

16° 51,5’ W

16° 51,5’ W

16° 49,6’ W

(ii) South of latitude 19° 15,6’ N as far as latitude 17° 50,0’ N, west of the 18-mile line, the coordi-
nates of which are calculated on the basis of the 6-mile line, the coordinates of which are given in
Appendix 6 to Annex II.

(iii) South of latitude 17° 50,0’ N, west of the 12-mile line, the coordinates of which are calculated on
the basis of the 6-mile line, the coordinates of which are given in Appendix 6 to Annex II.

1.2.

The zoning during the closed periods for cephalopod fisheries is as follows:

(i) Between Cap Blanc and Cap Timiris, the exclusion zone is defined by the following points:

20° 46,0’ N

20° 46,0’ N

20° 03,0’ N

19° 47,0’ N

19° 21,0’ N

19° 15,6’ N

19° 15,6’ N

17° 03,0’ W

17° 47,0’ W

17° 47,0’ W

17° 14,0’ W

16° 55,0’ W

16° 51,5’ W

16° 49,6’ W

(ii) South of Cap Timiris (south of latitude 19° 15,6’ N) and up to Nouakchott (17° 50,0’ N), the exclu-
sion zone is the 18-mile line, the coordinates of which are calculated on the basis of the 6-mile
line, the coordinates of which are given in Appendix 6 to Annex II.

(iii) South of Nouakchott (south of latitude 17° 50,0’ N), the exclusion zone is the 12-mile line, the
coordinates of which are calculated on the basis of the 6-mile line, the coordinates of which are
given in Appendix 6 to Annex II.

2. Authorised gear

— bottom longline

— bottom trawl for hake

Doubling of the cod-end is prohibited.

Doubling of the twine forming the cod-end is prohibited.

3. Minimum authorised mesh size

70 mm for the trawl net

4. Biological recovery

The two Parties shall agree within the Joint Committee and on the basis of the best available scientific advice
approved by the Joint Scientific Committee on the most appropriate biological recovery period.

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5. By-catches and minimum sizes

In accordance with Mauritanian legislation (see Chapter VI and Appendix 5 to Annex I for by-catches and
Chapter V, point 5 and Appendix 6 to Annex I for minimum sizes).

Where Mauritanian legislation does not contain any rules on by-catches and minimum sizes for certain spe-
cies, the two Parties shall consult within the Joint Committee to lay down the authorised rate.

6. Authorised tonnage/Fees

Authorised tonnage (GT) per licence period

3 240 GT

3 240 GT

3 240 GT

3 240 GT

Fees in EUR per GT per year

148

153

159

159

2008/09

2009/10

2010/11

2011/12

7. Comments

The fees are fixed for the four-year period of application of the Protocol.

(1) This category does not include freezer trawlers.

Landings and transhipments encouraged under the terms of the Protocol and of Annex I.

FISHING CATEGORY 3: VESSELS FISHING FOR DEMERSAL SPECIES OTHER THAN BLACK HAKE
WITH GEAR OTHER THAN TRAWLS

1. Fishing zone

1.1.

(i) North of latitude 19° 48,5’ N, from 3 miles from the Cap Blanc-Cap Timiris baseline

(ii) South of latitude 19° 48,5’ N as far as latitude 19° 21,0’ N, west of longitude 16° 45,0’ W

(iii) South of latitude 19° 21,0’ N, from 3 miles, the coordinates of which are calculated on the basis of

the 6-mile line, the coordinates of which are given in Appendix 6 to Annex II

1.2. The zoning during the closed periods for cephalopod fisheries is as follows:

(i) Between Cap Blanc and Cap Timiris:

20° 46,0’ N

20° 46,0’ N

20° 03,0’ N

19° 47,0’ N

19° 21,0’ N

19° 15,6’ N

19° 15,6’ N

17° 03,0’ W

17° 47,0’ W

17° 47,0’ W

17° 14,0’ W

16° 55,0’ W

16° 51,5’ W

16° 49,6’ W

(ii) South of Cap Timiris (south of latitude 19° 15,6’ N) as far as Nouakchott (17° 50,0’ N), the exclu-
sion zone is the 3-mile line, the coordinates of which are calculated on the basis of the 6-mile line,
the coordinates of which are given in Appendix 6 to Annex II

(iii) South of Nouakchott (south of latitude 17° 50,0’ N), the exclusion zone is the 3-mile line, the coor-
dinates of which are calculated on the basis of the 6-mile line, the coordinates of which are given in
Appendix 6 to Annex II.

2. Authorised gear

— longline;

— fixed gillnets with a maximum depth of 7 m and a maximum length of 100 m. Gillnets made of polya-

mide monofilaments are banned under Mauritanian legislation;

— handline;

— creels;

— seine for fishing for bait.

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3. Minimum authorised mesh size

120 mm for gillnets;

20 mm for live-bait fishing nets.

4. By-catches and minimum sizes

In accordance with Mauritanian legislation (see Chapter VI and Appendix 5 to Annex I for by-catches and
Chapter V, point 5 and Appendix 6 to Annex I for minimum sizes).

Where Mauritanian legislation does not contain any rules on by-catches and minimum sizes for certain spe-
cies, the two Parties shall consult within the Joint Committee to lay down the authorised rate.

5. Authorised tonnage

Authorised tonnage (GT) per licence period

1 162 GT

1 162 GT

1 162 GT

1 162 GT

Fees in EUR per GT per year

254

264

274

274

2008/09

2009/10

2010/11

2011/12

6. Comments

The fees are fixed for the four-year period of application of the Protocol.

The type of fishing gear to be used should be notified when applying for the licence.

Seines may be used only to fish for bait for use in line and creel fishing.

Use of creels is authorised for no more than seven vessels of under 135 GT each.

Landings and transhipments encouraged under the terms of the Protocol and of Annex I.

The two Parties shall agree within the Joint Committee and on the basis of the best available scientific advice
approved by the Joint Scientific Committee on the most appropriate biological recovery period.

FISHING CATEGORY 4: FREEZER TRAWLERS FISHING FOR DEMERSAL SPECIES

1.1.

(i) North of latitude 19° 15,6’ N, west of the line joining the following points:

1. Fishing zone

20° 46,3’ N

20° 36,0’ N

20° 36,0’ N

20° 03,0’ N

19° 45,7’ N

19° 29,0’ N

19° 15,6’ N

19° 15,6’ N

17° 03,0’ W

17° 11,0’ W

17° 36,0’ W

17° 36,0’ W

17° 03,0’ W

16° 51,5’ W

16° 51,5’ W

16° 49,6’ W

(ii) South of latitude 19° 15,6’ N as far as latitude 17° 50,0’ N, west of the 18-mile line, the coordinates
of which are calculated on the basis of the 6-mile line, the coordinates of which are given in Appen-
dix 6 to Annex II.

(iii) South of latitude 17° 50,0’ N, west of the 12-mile line, the coordinates of which are calculated on

the basis of the 6-mile line, the coordinates of which are given in Appendix 6 to Annex II.

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2. Authorised gear

— trawl.

Doubling of the cod-end is prohibited.

Doubling of the twine forming the cod-end is prohibited.

70 mm

3. Minimum authorised mesh size

4. Biological recovery

Two (2) periods of two (2) months: May-June and September-October.

The two Parties may decide by mutual agreement within the Joint Committee to adjust, increase or reduce the
above biological recovery period, and to lay down closed periods in certain zones to protect nursery areas and
areas with a high concentration of juvenile fish.

5. By-catches and minimum sizes

In accordance with Mauritanian legislation (see Chapter VI and Appendix 5 to Annex I for by-catches and
Chapter V, point 5 and Appendix 6 to Annex I for minimum sizes).

Where Mauritanian legislation does not contain any rules on by-catches and minimum sizes for certain spe-
cies, the two Parties shall consult within the Joint Committee to lay down the authorised rate.

6. Authorised tonnage/Fees

Authorised tonnage (GT) per licence period

Fees in EUR per GT per year

2008/09

375 GT

156

2009/10

2010/11

375 GT

375 GT

163

169

2011/12

375 GT

169

7. Comments

The fees are fixed for the four-year period of application of the Protocol.

Landings and transhipments encouraged under the terms of the Protocol and of Annex I.

FISHING CATEGORY 5: CEPHALOPODS

1. Fishing zone

North of latitude 19° 15,6’ N, outside the zone marked by the following points:

20° 46,3’ N

20° 40,0’ N

19° 57,0’ N

19° 28,2’ N

19° 18,5’ N

19° 18,5’ N

19° 15,6’ N

17° 03,0’ W

17° 07,5’ W

17° 07,5’ W

16° 48,0’ W

16° 48,0’ W

16° 40,5’ W

16° 38,0’ W

South of latitude 19° 15,6’ N as far as latitude 17° 50,0’ N, west of 9 miles from the 6-mile line, the coordi-
nates of which are given in Appendix 6 to Annex II

South of latitude 19° 15,6’ N as far as latitude 17° 50,0’ N, west of 6 miles from the 6-mile line, the coordi-
nates of which are given in Appendix 6 to Annex II.

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2. Authorised gear

Bottom trawl.

Doubling of the cod-end is prohibited.

Doubling of the twine forming the cod-end is prohibited.

70 mm

3. Minimum authorised mesh size

4. Biological recovery

Two (2) periods of two (2) months: May-June and September-October.

The two Parties may decide by mutual agreement within the Joint Committee, on the basis of the best avail-
able scientific advice, to adjust, increase or reduce the above biological recovery period, and to lay down closed
periods in certain zones to protect nursery areas and areas with a high concentration of juvenile fish.

5. By-catches and minimum sizes

In accordance with Mauritanian legislation (see Chapter VI and Appendix 5 to Annex I for by-catches and
Chapter V, point 5 and Appendix 6 to Annex I for minimum sizes).

Where Mauritanian legislation does not contain any rules on by-catches and minimum sizes for certain spe-
cies, the two Parties shall consult within the Joint Committee to lay down the authorised rate.

6. Authorised tonnage/Fees

Authorised tonnage (GT) per licence period

13 950 GT

13 950 GT

13 950 GT

13 950 GT

Fees in EUR per GT per year

349

363

377

377

2008/09

2009/10

2010/11

2011/12

7. Comments

The fees are fixed for the four-year period of application of the Protocol.

Landings and transhipments encouraged under the terms of the Protocol and of Annex I.

FISHING CATEGORY 6: SPINY LOBSTERS

1. Fishing zone

1.1. North of latitude 19° 21,0’ N: 20 miles from the Cap Blanc-Cap Timiris baseline;

1.2. South of latitude 19° 21,0’ N: 15 miles, the coordinates of which are calculated on the basis of the 6-mile

line, the coordinates of which are given in Appendix 6 to Annex II.

2. Authorised gear

3. Minimum authorised mesh size

Pot

60 mm mesh

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4. Biological recovery

Two (2) periods of two (2) months: May-June and September-October.

The two Parties may decide by mutual agreement within the Joint Committee to adjust, increase or reduce the
above biological recovery periods.

5. By-catches and minimum sizes

In accordance with Mauritanian legislation (see Chapter VI and Appendix 5 to Annex I for by-catches and
Chapter V, point 5 and Appendix 6 to Annex I for minimum sizes).

Where Mauritanian legislation does not contain any rules on by-catches and minimum sizes for certain spe-
cies, the two Parties shall consult within the Joint Committee to lay down the authorised rate.

6. Authorised tonnage/Fees

Authorised tonnage (GT) per licence period

Fees in EUR per GT per year

2008/09

300 GT

283

2009/10

2010/11

300 GT

300 GT

294

305

2011/12

300 GT

305

7. Comments

The fees are fixed for the four-year period of application of the Protocol.

Landings encouraged under the terms of the Protocol and of Annex I.

FISHING CATEGORY 7: FREEZER TUNA SEINERS

1. Fishing zone

1.1. North of latitude 19° 21,0’ N: 30 miles from the Cap Blanc-Cap Timiris baseline;

1.2. South of latitude 19° 21,0’ N: 30 miles from the 6-mile line, the coordinates of which are given in Appen-

dix 6 to Annex II.

Seine

2. Authorised gear

3. Minimum authorised mesh size

Recommended ICCAT standards.

4. By-catches and minimum sizes

In accordance with Mauritanian legislation (see Chapter VI and Appendix 5 to Annex I for by-catches and
Chapter V, point 5 and Appendix 6 to Annex I for minimum sizes).

Where Mauritanian legislation does not contain any rules on by-catches and minimum sizes for certain spe-
cies, the two Parties shall consult within the Joint Committee to lay down the authorised rate.

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5. Authorised tonnage/Fees

Fee per tonne caught

Number of vessels authorised to fish

EUR 35

22

Advance in EUR per vessel per year

EUR 1 750

6. Comments

The fees are fixed for the four-year period of application of the Protocol.

Landings and transhipments encouraged under the terms of the Protocol and of Annex I.

FISHING CATEGORY 8: POLE-AND-LINE TUNA VESSELS AND SURFACE LONGLINERS

1. Fishing zone

For surface longliners, the zoning is the same as for tuna seiners in category 7.

For pole-and-line tuna vessels, the following zoning applies:

1.1. North of latitude 19° 21,0’ N: 15 miles from the Cap Blanc-Cap Timiris baseline

1.2. South of latitude 19° 21,0’ N: 12 miles, the coordinates of which are calculated on the basis of the 6-mile

line, the coordinates of which are given in Appendix 6 to Annex II.

Fishing zone authorised for live-bait fishing:

— North of latitude 19° 48,5’ N, from 3 miles from the Cap Blanc-Cap Timiris baseline;

— South of latitude 19° 48,5’ N as far as latitude 19° 21,0’ N, west of longitude 16° 45,0’ W;

— South of latitude 19° 21,0’ N, from 3 miles, the coordinates of which are calculated on the basis of the

6-mile line, the coordinates of which are given in Appendix 6 to Annex II.

Pole-and-line and surface longline

2. Authorised gear

3. By-catches and minimum sizes

In accordance with Mauritanian legislation (see Chapter VI and Appendix 5 to Annex I for by-catches and
Chapter V, point 5 and Appendix 6 to Annex I for minimum sizes).

Where Mauritanian legislation does not contain any rules on by-catches and minimum sizes for certain spe-
cies, the two Parties shall consult within the Joint Committee to lay down the authorised rate.

4. Authorised tonnage/Fees

Number of vessels authorised to fish

Pole-and-line vessels — fee per tonne caught

Longliners — fee per tonne caught

Advance in EUR per vessel per year

22

EUR 25

EUR 35

EUR 2 500 for
pole-and-line
vessels
EUR 3 500 for
longliners

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5. Comments

The fees are fixed for the four-year period of application of the Protocol.

(1) Minimum authorised mesh size for live-bait fishing: 16 mm. Bait fishing will be limited to a number of
days per month laid down by the Joint Committee. The start and end of such fishing must be notified to
the surveillance authority.

(2)

In accordance with the relevant ICCAT and FAO recommendations, fishing for the basking shark (Cetorhi-
nus maximus), white shark (Carcharodon carcharias), sand tiger shark (Carcharias taurus) and tope shark (Gale-
orhinus galeus) is prohibited.

(3)

In accordance with ICCAT recommendations 04-10 and 05-05 concerning the conservation of sharks
caught in association with fisheries managed by ICCAT.

(4) Landings and transhipments encouraged under the terms of the Protocol and of Annex I.

(5) The two Parties shall agree on the practical arrangements to allow this category to fish or collect the live
bait needed for fishing by these vessels. Should such activities be carried out in sensitive areas or with non-
conventional gear, these arrangements shall be laid down on the basis of IMROP recommendations and
in agreement with the surveillance authority.

FISHING CATEGORY 9: PELAGIC FREEZER TRAWLERS

(i) North of latitude 19° 21,0’ N, outside the zone marked by the following points:

1. Fishing zone

20° 46,3’ N

20° 36,0’ N

20° 36,0’ N

19° 57,0’ N

19° 45,7’ N

19° 29,0’ N

19° 21,0’ N

17° 03,0’ W

17° 11,0’ W

17° 24,1’ W

17° 24,1’ W

17° 03,0’ W

16° 51,5’ W

16° 45,0’ W

(ii) South of latitude 19° 21,0’ N as far as 17° 50,0’ N, 13 miles from the 6-mile line, the coordinates of which

are given in Appendix 6 to Annex II.

(iii) South of latitude 17° 50,0’ N as far as latitude 16° 04,0’ N, 12 miles from the 6-mile line, the coordinates

of which are given in Appendix 6 to Annex II.

2. Authorised gear

Pelagic trawl

The bag of the pelagic or semi-pelagic trawl may be strengthened with a piece of netting with a minimum mesh
size of 400 mm of stretched mesh and by straps placed at least 1,5 metres apart, except for the strap at the
back of the trawl which may not be placed less than 2 metres from the window in the bag. The strengthening
or doubling of the bag by any other means is prohibited and the trawl may in no case target species other than
the small pelagic species authorised.

3. Minimum authorised mesh size

40 mm

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4. By-catches and minimum sizes

In accordance with Mauritanian legislation (see Chapter VI and Appendix 5 to Annex I for by-catches and
Chapter V, point 5 and Appendix 6 to Annex I for minimum sizes).

Where Mauritanian legislation does not contain any rules on by-catches and minimum sizes for certain spe-
cies, the two Parties shall consult within the Joint Committee to lay down the authorised rate.

See Chapter V, point 5 and Appendix 7 to Annex I for the conversion factors for small pelagics.

5. Authorised tonnage/Fees

Number of vessels authorised to fish at
the same time

17

Fees in EUR per GT per year

2008/09

2009/10

2010/11

2011/12

Vessels of below 5 000 GT

Vessels of 5 000 GT or above but
below 7 000 GT

Vessels of 7 000 GT or above but
below 9 500 GT

8,2

7,2

6,2

8,3

7,3

6,3

8,4

7,4

6,4

8,5

7,5

6,5

The maximum total allowable catch for the freezer trawler fleet under the above licence arrangements is 250 000 tonnes
per year, but this quota may be exceeded on the basis of the provisions laid down in the Protocol and the Annexes thereto.

6. Comments

Unused category 11 fishing opportunities may be used by category 9 at a rate of a maximum 20 licences per
month.

The fees are fixed for the four-year period of application of the Protocol.

Landings and transhipments encouraged under the terms of the Protocol and of Annex I.

FISHING CATEGORY 10: CRAB FISHING

1. Fishing zone

(i) North of latitude 19° 15,6’ N, west of the line joining the following points:

20° 46,3’ N

20° 36,0’ N

20° 36,0’ N

20° 03,0’ N

19° 45,7’ N

19° 29,0’ N

19° 15,6’ N

19° 15,6’ N

17° 03,0’ W

17° 11,0’ W

17° 36,0’ W

17° 36,0’ W

17° 03,0’ W

16° 51,5’ W

16° 51,5’ W

16° 49,6’ W

(ii) South of latitude 19° 15,6’ N as far as latitude 17° 50,0’ N, west of the 18-mile line from the 6-mile line,

the coordinates of which are given in Appendix 6 to Annex II.

(iii) South of latitude 17° 50,0’ N, west of the 12-mile line from the 6-mile line, the coordinates of which are

given in Appendix 6 to Annex II.

Crab pot

2. Authorised gear

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3. Minimum authorised mesh size

60 mm mesh

4. Biological recovery

Two (2) periods of two (2) months: May-June and September-October.

The two Parties may decide by mutual agreement within the Joint Committee, on the basis of the best avail-
able scientific advice, to adjust, increase or reduce the above biological recovery period, and to lay down closed
periods in certain zones to protect nursery areas and areas with a high concentration of juvenile fish.

5. By-catches and minimum sizes

In accordance with Mauritanian legislation (see Chapter VI and Appendix 5 to Annex I for by-catches and
Chapter V, point 5 and Appendix 6 to Annex I for minimum sizes).

Where Mauritanian legislation does not contain any rules on by-catches and minimum sizes for certain spe-
cies, the two Parties shall consult within the Joint Committee to lay down the authorised rate.

6. Authorised tonnage/Fees

Authorised tonnage (GT) per licence period

Fees in EUR per GT per year

2008/09

300 GT

283

2009/10

2010/11

300 GT

300 GT

294

305

2011/12

300 GT

305

7. Comments

The fees are fixed for the four-year period of application of the Protocol.

Landings and transhipments encouraged under the terms of the Protocol and of Annex I.

FISHING CATEGORY 11: NON-FREEZER PELAGIC VESSELS

(i) North of latitude 19° 21,0’ N, outside the zone marked by the following points:

1. Fishing zone

20° 46,3’ N

20° 36,0’ N

20° 36,0’ N

19° 57,0’ N

19° 45,7’ N

19° 29,0’ N

19° 21,0’ N

17° 03,0’ W

17° 11,0’ W

17° 24,1’ W

17° 24,1’ W

17° 03,0’ W

16° 51,5’ W

16° 45,0’ W

(ii) South of latitude 19° 21,0’ N as far as latitude 17° 50,0’ N, 13 miles from the 6-mile line, the coordinates

of which are given in Appendix 6 to Annex II.

(iii) South of latitude 17° 50,0’ N as far as latitude 16° 04,0’ N, 12 miles from the 6-mile line, the coordinates

of which are given in Appendix 6 to Annex II.

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2. Authorised gear

Pelagic trawl and purse seine for industrial fishing.

The bag of the pelagic or semi-pelagic trawl may be strengthened with a piece of netting with a minimum mesh
size of 400 mm of stretched mesh and by straps placed at least 1,5 metres apart, except for the strap at the
back of the trawl which may not be placed less than 2 metres from the window in the bag. The strengthening
or doubling of the bag by any other means is prohibited and the trawl may in no case target species other than
the small pelagic species authorised.

3. Minimum authorised mesh size

40 mm for trawlers and 20 mm for seiners.

4. By-catches and minimum sizes

In accordance with Mauritanian legislation (see Chapter VI and Appendix 5 to Annex I for by-catches and
Chapter V, point 5 and Appendix 6 to Annex I for minimum sizes).

Where Mauritanian legislation does not contain any rules on by-catches and minimum sizes for certain spe-
cies, the two Parties shall consult within the Joint Committee to lay down the authorised rate.

See Chapter V, point 5 and Appendix 7 to Annex I for the conversion factors for small pelagics.

5. Authorised tonnage/Fees

Authorised tonnage

15 000 GT per month (annual average), equivalent to 3 monthly licences for
pelagic freezer trawlers in category 9.

The averaging of monthly figures over a year shall mean that the average use
per month at the end of a year of the Protocol corresponds to the above figure,
with the possibility of carrying over unused quantities from one month to the
following month.

Fees in EUR per GT per year

2008/09

7,2

2009/10

7,3

2010/11

7,4

2011/12

7,5

6. Comments

Unused category 11 fishing opportunities may be used by category 9 at a rate of a maximum 20 licences per
month.

The fees are fixed for the four-year period of application of the Protocol.

There is no limit on catches by non-freezer pelagic vessels.

Transitional arrangements for taking seamen on board are laid down in Annex I (point 6 of Chapter XV).

Landings and transhipments encouraged under the terms of the Protocol and of Annex I.

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CONDITIONS FOR THE EXERCISE OF FISHING ACTIVITIES BY COMMUNITY VESSELS IN MAURITANIA’S
FISHING ZONES

ANNEX I

CHAPTER I

Documents required for licence applications

1. On each vessel’s first licence application, the Commission, via the Delegation, shall submit to the Ministry a licence appli-
cation form duly completed in respect of each vessel for which a licence is requested in accordance with the model in
Appendix 1 to this Annex. The particulars relating to the name of the vessel, its tonnage in GT, external registration num-
ber, radio call sign, engine power, overall length and home port shall be as contained in the fishing vessel register of the
Community.

2. On a first licence application, the shipowner shall include with the application:

— a copy certified by the Member State of the international tonnage certificate giving the tonnage of the vessel

expressed in GT,

— a recent colour photograph certified by the competent authorities of the Member State showing a side view of the

vessel in its current state. The photograph shall be at least 15 cm by 10 cm,

— documents required for inclusion in the Mauritanian National Ship Register. Such inclusion shall not entail any reg-
istration fee. The inspection provided for in connection with inclusion in the National Ship Register is of a purely
administrative nature.

3. Any alteration to the tonnage of a vessel shall oblige the shipowner concerned to submit a copy certified by the Member
State of the new tonnage certificate and any supporting documents concerning the alteration and, in particular, the copy
of the application lodged by the shipowner with the competent authorities, the agreement of those authorities and the
details of the changes made.

Similarly, where the structure or external appearance of the vessel is changed, a new photograph certified by the com-
petent authorities of the Member State must also be submitted.

4. Applications for fishing licences shall be lodged only for those vessels for which the documents required under points 1,

2 and 3 above have been sent.

CHAPTER II

Licences — application, issue and validity

1.

Eligibility to fish

1.1. Each vessel wishing to fish under this Agreement must be eligible for fishing in Mauritanian fishing zones.

1.2. For a vessel to be eligible, neither the owner, the skipper nor the vessel itself must be prohibited from fishing in Mau-
ritania. They must be in order vis-à-vis the Mauritanian authorities insofar as they must have fulfilled all prior obliga-
tions arising from their fishing activities in Mauritania.

2.

Licence applications

2.1. For licences for pelagic fishing vessels, the Commission, via the Delegation, shall submit licence applications to the
Ministry at least 10 working days before the start of fishing operations, accompanied by the documents attesting to
the technical characteristics.

For all other types of licence, the Commission, via the Delegation, shall submit to the Ministry quarterly lists, by fish-
ing category, of the vessels wishing to engage in fishing activities within the limits specified in the Fishing Datasheets
included in the Protocol, at least one month before the start of the period of validity of the licences requested. Such
lists shall be accompanied by proof of payment. Licence applications failing to arrive within the deadline shall not be
processed.

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2.2. These lists shall specify, by fishing category, the number of vessels and, for each vessel, its main characteristics, includ-
ing its fishing gear, as they appear in the fishing vessel register of the Community, the amount of payments due bro-
ken down by heading and the number of Mauritanian seamen.

2.3. A data file containing all the particulars required to draw up the fishing licences, including any amendments to the
vessel data, shall also be attached to the licence application in a format compatible with the software used by the
Ministry.

2.4. Licence applications shall be accepted only in respect of eligible vessels which have completed all the formalities speci-

fied in points 2.1, 2.2 and 2.3 above.

2.5. Vessels holding fishing licences for neighbouring countries may indicate in their licence applications the country and
species concerned and the period of validity of such licences to facilitate their multiple entries into and exits from the
fishing zone.

2.6. Any personal data transferred under the licence applications — and more generally within the framework of this Agree-

ment — may be used only within the framework of this Agreement.

3.

Issue of licences

3.1. The Ministry shall issue the licences to the vessel following submission, by the shipowner’s representative, of indi-
vidual proofs of payment for each vessel (receipt of payment issued by the Mauritanian Public Treasury), as specified
in Chapter IV, at least 10 days before the start of their period of validity. That deadline shall be five days in the case of
pelagic vessels. The licences may be obtained from the offices of the Ministry in Nouadhibou or Nouakchott.

3.2. Licences shall also indicate the period of validity, the vessel’s technical characteristics, the number of Mauritanian sea-
men and the payment references of the fees, and the conditions relating to fishing activities as laid down in the rel-
evant Fishing Datasheets.

3.3. Fishing licences may be issued only for vessels which have complied with all the administrative formalities required
for the issue of licences. Vessels which receive a licence shall be entered on the list of vessels authorised to fish which
shall be sent simultaneously to the surveillance authority and the Commission, via the Delegation.

3.4. The Commission shall be notified, via the Delegation, of licence applications refused by the Mauritanian authorities.
Where appropriate, the Ministry shall provide a credit note against payments relating to these after deduction of the
balance of any outstanding unpaid fines.

3.5. The two Parties shall seek agreement for the purposes of promoting the introduction of an electronic licence system.

4.

Validity and utilisation of licences

4.1. Licences shall be valid only for the period covered by the fees paid under the terms laid down in the Fishing Datasheets

and specified in the licence.

Licences shall be issued for periods of three, six or twelve months. They shall be renewable.

For pelagic vessels (categories 9 and 11), licences may be monthly. For pelagic trawlers (category 9 only), licences shall
mention the quota provided, by way of a guide, for the licence period. Any unused quota in the period covered by the
licence may be transferred to a new licence for the same vessel or transferred to another vessel in the same category.

The period of validity of licences shall be determined on the basis of the following annual periods:

first period:

from 1 August 2008 to 31 December 2008

second period:

from 1 January 2009 to 31 December 2009

third period:

from 1 January 2010 to 31 December 2010

fourth period:

from 1 January 2011 to 31 December 2011

fifth period:

from 1 January 2012 to 31 July 2012

Licences may not start to run during one annual period and expire during the next.

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4.2. Licences shall be issued for a given vessel and shall not be transferable. However, in the event of force majeure duly estab-
lished by the competent authorities of the Member State and at the request of the Commission, a licence issued for
one vessel shall be replaced as soon as possible by a licence issued for another vessel of the same category on condi-
tion that the tonnage authorised for that category is not exceeded.

4.3. The licence to be replaced shall be returned by the Commission via the Delegation to the Ministry, which shall then

issue the new licence.

4.4. Additional adjustments in the amounts paid as a result of replacement of the licence shall be effected before the replace-

ment licence is issued.

4.5. Licences must be held on board the eligible vessel at all times and presented to the inspection authorities on the occa-

sion of any inspection.

CHAPTER III

Fees

1. Fees shall be calculated for each vessel on the basis of the annual rates laid down in the Fishing Datasheets included in
the Protocol. In the case of three-month and six-month licences, excluding those issued to pelagic fishing vessels, the
fees shall be calculated pro rata temporis, plus 3 % and 2 % respectively to cover recurrent costs in drawing up the licences.
The amounts of such licence fees shall include all related fees and taxes, with the exception of the parafiscal charge (1),
port taxes and service charges. Without prejudice to Article 12 of the Protocol, a budgetary allocation for financing the
sworn body of independent scientific observers and inspectors shall be entered in the Finance Act and shall replace the
percentage payment included in the preceding Protocol.

With the exception of categories 7 and 8 (tuna vessels — see Chapter XIV) and categories 9 and 11 (monthly payments),
the parafiscal charge shall be payable on the basis of a full quarter or multiple thereof, irrespective of whether a biologi-
cal recovery period falls within that period.

The exchange rate (MRO/EUR) to be used for payment of the parafiscal charge for a calendar year shall be the average
rate for the previous year, as calculated by the Central Bank of Mauritania and transmitted by the Ministry not later than
1 December of the year preceding the application thereof.

2. Fees shall be payable in quarterly periods with the exception of the shorter periods stipulated in the Agreement or con-

sequent on its application, in which case they shall be payable pro rata for the actual duration of the licence.

3. A quarter shall consist of one of the three-month periods beginning 1 October, 1 January, 1 April or 1 July, except for
the first and last period of the Protocol which shall run from 1 August 2008 to 30 September 2008 and from 1 March
2012 to 31 July 2012 respectively.

(1) Under the decree establishing the parafiscal charge, the rates of this charge for industrial fishing vessels, payable in local currency, are as

follows:

Fishing category: crustaceans, cephalopods and demersal species:

Tonnage
< 99 GT
100-200 GT
200-400 GT
400-600 GT
> 600 GT

Amount per quarter (MRO)
50 000
100 000
200 000
400 000
600 000

Fishing category: (small and large) pelagics

Tonnage
< 2 000 GT
2 000-3 000 GT
3 000-5 000 GT
5 000-7 000 GT
7 000-9 000 GT
> 9 000 GT

Amount per month (MRO)
50 000
150 000
500 000
750 000
1 000 000
1 300 000

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CHAPTER IV

Methods of payment

1. Payments shall be made in euro as follows:

(a)

fees:

— by transfer to one of the foreign accounts of the Central Bank of Mauritania payable to the Mauritanian Public

Treasury;

(b)

fees relating to the parafiscal charge:

— by transfer to one of the foreign accounts of the Central Bank of Mauritania payable to the surveillance

authority;

(c)

fines:

— by transfer to one of the foreign accounts of the Central Bank of Mauritania payable to the Mauritanian Public

Treasury;

(d) penalties for licence increases:

— by transfer to one of the foreign accounts of the Central Bank of Mauritania payable to the Ministry.

2. The amounts referred to in point 1 above shall be considered as actually received on receipt of confirmation from the

Public Treasury or the Ministry following notification by the Central Bank of Mauritania.

3. Before the entry into force of the Protocol, the Mauritanian Authorities shall supply the Commission with a list of the
Central Bank of Mauritania’s foreign accounts with the details required for international transfers (BIC and IBAN codes).

CHAPTER V

Communication of catch data

1.

The duration of a trip by a Community vessel shall be defined as follows:

— either the period elapsing between entering and leaving the Mauritanian fishing zone,

— or the period elapsing between entering the Mauritanian fishing zone and a transhipment,

— or the period elapsing between entering the Mauritanian fishing zone and a landing in Mauritania.

2.

Fishing log

2.1. Skippers of vessels shall make a daily record of all the operations specified in the fishing log, a model of which is
attached as Appendix 2 to this Annex and which could be amended under Mauritanian legislation. This document must
be completed correctly and legibly and signed by the skipper of the vessel. For vessels fishing for highly migratory spe-
cies, Chapter XIV of this Annex shall apply.

The tolerance percentage for discrepancies between the catches declared in the fishing log and the result of the inspec-
tion is set at:

— 7 % for non-freezer vessels,

— 4 % for non-pelagic freezer vessels,

— 2 % for pelagic freezer vessels.

2.2. Fishing logs from which entries have been omitted or which contain invalid information shall be deemed not to have

been duly kept.

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2.3. At the end of each trip, the original of the fishing log shall be sent by the skipper of the vessel to the surveillance author-
ity. Within 15 working days, the shipowner shall forward a copy of the log to the national authorities of the Member
State and to the Commission, via the Delegation.

2.4. Failure to comply with points 2.1, 2.2 or 2.3 above shall entail, without prejudice to the penalties laid down by Mau-

ritanian law, automatic suspension of the fishing licence until the shipowner has met such obligations.

2.5. The two Parties shall seek agreement for the purposes of promoting the introduction of an electronic logbook system.

2.6. For pelagic vessels (categories 9 and 11), checks on catches shall take place on landing and on transhipment or at the

end of the trip.

3.

Supplementary fishing log (landing and transhipment declarations)

3.1. On landing or transhipment, skippers of vessels are required to complete correctly and legibly and to sign the supple-

mentary fishing log as shown in the model attached as Appendix 3 to this Annex.

3.2. At the end of each landing operation, the shipowner shall send the original of the supplementary fishing log to the
surveillance authority, with a copy to the Ministry, within a period of no more than 30 days. Within the same period,
a copy shall be sent to the national authorities of the Member State and to the Commission, via the Delegation. For
pelagic vessels, the time limit is set at 15 days.

3.3. At the end of each authorised transhipment, the skipper shall immediately send the original of the supplementary fish-
ing log to the surveillance authority, with a copy to the Ministry. Within 15 working days, a copy shall be sent to the
national authorities of the Member State and to the Commission, via the Delegation.

3.4. Failure to comply with points 3.1, 3.2 or 3.3 above shall entail automatic suspension of the fishing licence until the

shipowner has met such obligations.

4.

Quarterly catch declarations

4.1. By the end of the third month of each quarter the Commission, via the Delegation, shall notify the Ministry of the quan-
tities caught in the previous quarter by all Community vessels. For category 9 and 11 pelagic vessels, such notification
shall be made on a monthly basis within a period not exceeding 30 days of the following month.

4.2. This information shall be broken down by month and by type of fishing, by vessel and by species.

4.3. The information shall also be sent to the Ministry in the form of a data file in a format compatible with the software

used by the Ministry.

5.

Reliability of data

The information in the documents referred to in points 1, 2, 3 and 4 above must reflect the actual fishing situation in
order to constitute one of the bases for monitoring changes in marine resources.

The Mauritanian legislation in force concerning the minimum sizes of catches kept on board shall be applicable and is
provided in Appendix 6.

A list of the conversion factors applicable to catches without head/whole catches and/or eviscerated/whole catches is
provided in Appendix 7.

CHAPTER VI

By-catches

1.

In accordance with Mauritanian law, the percentage of by-catches shall be calculated at any time during fishing accord-
ing to the total live weight of the catch on board. Appendix 5 to this Annex lists those percentages by fishing category.

The regulations on such by-catches shall be entered on the licences issued.

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2. Where these percentages exceed the authorised by-catches, penalties shall be imposed in accordance with Mauritanian
law and may result in the complete banning of the offenders, both skippers and vessels, from all fishing activities in
Mauritania.

3. The keeping of unauthorised species on board vessels shall be forbidden. Offenders shall be punished in accordance with

Mauritanian law.

CHAPTER VII

Landings in Mauritania

In the interests of improving integration with a view to the joint development of their respective fisheries sectors, the
Parties have agreed to encourage voluntary landings and to adopt the following provisions in respect of such landings in
Mauritanian ports.

GENERAL CONDITIONS AND FINANCIAL INCENTIVES

1. Landings shall be made at the Mauritanian port of Nouadhibou. Shipowners shall choose the landing dates. They shall
inform the Mauritanian surveillance authority and port authorities of the chosen date by fax or e-mail 72 hours before
their expected arrival at the port, indicating the estimated total quantity to be landed. The port authorities shall confirm
by the same means within 24 hours, to the shipowner or agent, that the landing operations can take place within
24 hours of the vessel’s arrival in port.

2. Landing operations shall be completed within 24 hours of the vessel’s arrival in port.

3. At the end of landing operations, the competent port authorities shall issue a landing certificate to the skipper.

4. During the vessel’s presence in port, its fishermen shall be entitled to free passage with a seaman’s licence.

5. Community vessels making landings or transhipments in Mauritania shall have their licence fees reduced for the period
during which the landings or transhipments are made. The reduction shall be 25 % of the cost of the current licence for
vessels landing catches and 15 % for vessels carrying out transhipments. However:

— The reduction in the licence fee shall not apply to a vessel which lands/tranships less than 15 % of the catches

declared in the fishing log for the licence period concerned,

— The reduction in the licence fee shall apply on a pro rata basis to a vessel which lands/tranships between 16 %
and 65 % of the catches declared in the fishing log for the licence period concerned (example: a vessel landing 30 %
of the catches declared shall be entitled to 30 % of the 25 % reduction in the fee),

— The reduction in the licence fee shall apply in full to a vessel which lands/tranships more than 65 % of the catches

declared in the fishing log for the licence period concerned.

6. Detailed implementing rules: copies of the landing certificate(s) for the landing operations carried out by the vessel con-
cerned shall be sent to the Commission via the Delegation. When submitting a new licence application for that vessel,
the Commission shall send the Ministry the copies of the certificates together with a request for a reduction in the fee for
the new licence.

7. Before the end of the first six months of application of this Protocol, the Ministry shall send the following information

to the Commission via the Delegation:

— the general rules on landings, including port charges,

— the establishments approved under the relevant Community regulations,

— the bonded warehouses,

— the maximum size and number of vessels which can have access to them,

— storage conditions and capacity for fresh, chilled and deep-frozen (– 22 °C) products,

— means and frequency of transport to bring fishery products to external markets,

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— average supply prices and terms (fuel, provisions, etc.),

— radio call sign, telephone and fax numbers, telex addresses, working hours of the port authorities’ offices,

— any other information which can facilitate landing operations.

TAX AND FINANCIAL CONDITIONS

Community vessels landing at Nouadhibou shall be exempt from all taxes or charges having an equivalent effect, other than
port fees and charges which apply on the same terms to Mauritanian vessels.

The fishery products landed shall be under customs control arrangements in accordance with Mauritanian legislation. They
shall therefore be exempt from all customs procedures and duties or charges having an equivalent effect when they enter the
Mauritanian port or at the time of export, and shall be treated as ″temporarily admitted goods″ (temporary storage).

Shipowners shall decide on the destination of their vessels’ production. It may be processed, stored under customs control,
sold in Mauritania or exported (in foreign currency).

Sales in Mauritania intended for the Mauritanian market shall be subject to the same charges and levies as Mauritanian fish-
ery products.

Profits may be exported without additional charges (exemption from customs duties and charges having an equivalent effect).

Port charges for transhipment operations in authorised areas provided for in Appendix 5 to the Protocol shall be set at
$ 1,25 per tonne of fish transhipped. Any change in those charges must be endorsed by the Joint Committee provided for
under the Agreement.

The port authority shall also apply the entry and exit charge to carrier and supply vessels.

These measures, which came into force on 1 December 2007, shall be the subject of an assessment after a year’s
implementation.

CHAPTER VIII

Signing-on of Mauritanian seamen

1.

Apart from tuna seiners (which shall endeavour to sign on at least one Mauritanian seaman per vessel), pole-and-line
tuna vessels (which must sign on three Mauritanian seamen per vessel) and pelagic vessels in category 11 (for which
transitional provisions are laid down in point 6 of Chapter XV of this Annex), each Community vessel shall sign on
Mauritanian seamen for the duration of the trip. There shall be at least:

— 2 seamen plus 1 officer or 1 observer for vessels of less than 200 GT,

— 3 seamen plus 1 officer or 1 observer for vessels of at least 200 GT and less than 250 GT,

— 4 seamen plus 1 officer or 1 observer for vessels of at least 250 GT and less than 300 GT,

— 6 seamen and 1 officer for vessels of at least 300 and less than 350 GT,

— 7 seamen and 1 officer for vessels of at least 350 and less than 500 GT,

— 8 seamen and 1 officer for vessels of at least 500 and less than 800 GT,

— vessels of 800 GT or more and less than 2 000 GT shall sign on a number of seamen equivalent to 37 % of the

crew, but not less than 8 seamen and 2 officers,

— vessels of 2 000 GT or more shall sign on a number of seamen equivalent to 37 % of the crew, but not less than

12 seamen and 2 officers.

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1.2. For vessels of 800 GT or more, the minimum number of seamen to be signed on board shall be reduced by 2 for each

additional officer taken on board.

1.3. Shipowners shall be free to choose the Mauritanian seamen and officers to sign on their vessels in accordance with the

Merchant Shipping Code.

2.

3.

The shipowner or agent shall inform the Ministry of the names of the Mauritanian seamen signed on the vessel con-
cerned, mentioning their position in the crew.

The International Labour Organisation (ILO) Declaration on Fundamental Principles and Rights at Work shall apply as
of right to seamen signed on by EU vessels. This concerns in particular the freedom of association and the effective
recognition of the right to collective bargaining, and the elimination of discrimination in respect of employment and
occupation.

4. Mauritanian seamen’s employment contracts, a copy of which shall be given to the signatories, shall be drawn up
between the shipowners’ agent(s) and the seamen and/or their trade unions or representatives in consultation with the
competent Mauritanian authorities. These contracts shall guarantee the seamen the social security cover applicable to
them, including life assurance and sickness and accident insurance.

5.

Shipowners or their agents shall send, within two months of the issue of the licence, a copy of that contract duly signed
by the competent authorities of the Member State concerned direct to the Ministry.

6. Mauritanian seamen’s wages shall be paid by the shipowners. They shall be fixed, before licences are issued, by mutual
agreement between the shipowners or their agents and the Mauritanian seamen concerned or their representatives.
However, the wage conditions granted to Mauritanian seamen shall not be lower than those applied to Mauritanian
crews and shall comply with ILO standards and under no circumstances be below those standards.

7.

If one or more seamen employed on board fail to report at the time agreed for the vessel’s departure, the vessel shall
be permitted to start the planned trip after informing the competent authorities in the port of embarkation of the short-
fall in the number of seamen required and having updated its crew list. The authorities concerned shall notify the sur-
veillance authority thereof.

The shipowner shall take all necessary steps to ensure that the number of seamen required by this Agreement are signed
on by the vessel by the next trip at the latest.

8. Where no Mauritanian seamen are taken on board for reasons other than that specified in the previous point, ship-
owners shall be obliged to pay as soon as possible a flat-rate amount of EUR 20 per day of fishing in the Mauritanian
fishing zone per seaman within a maximum of three months.

Payment for failure to sign on seamen shall be based on the actual number of fishing days and not on the period of the
licence.

This sum shall be used for training Mauritanian fishermen and shall be paid into the account specified in point 1(b) of
Chapter IV of this Annex.

9.

Twice a year, on 1 January and 1 July, the Commission, via the Delegation, shall send the Ministry a list of Mauritanian
seamen signed on Community vessels, with details of their registration as crew members and the vessels concerned.

10. Without prejudice to point 7 above, recurring failure by shipowners to sign on the requisite number of Mauritanian
seamen shall result in automatic suspension of the vessels’ fishing licence until such obligations have been met.

CHAPTER IX

Technical inspection

1. Once a year and after any alteration in tonnage or changes to the fishing category involving the use of a different type
of fishing gear, all Community vessels shall report to the port of Nouadhibou or Nouakchott to undergo the inspections
required by the legislation in force. Such inspections shall take place within 48 hours of the vessel’s arriving in port.

The technical inspection procedures applying to tuna vessels, surface longliners and pelagic fishing vessels shall be as
laid down in Chapters XIV and XV of this Annex.

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2. Once the inspection has been completed satisfactorily, the skipper of the vessel shall be issued with a certificate having
the same period of validity as the licence which shall be automatically extended, free of charge, in the case of vessels
renewing their licence within the year. This certificate must be kept on board at all times.

3. The technical inspection shall check the conformity of the vessel’s technical characteristics and gear and ensure that the

provisions relating to its Mauritanian crew have been complied with.

4. The cost of the inspection, at the rates laid down by Mauritanian law, shall be borne by the shipowner and communi-
cated to the Community. It may not be greater than the amount normally paid by other vessels for the same services.

5. Failure to comply with points 1 or 2 above shall entail automatic suspension of the fishing licence until the shipowner

has met such obligations.

CHAPTER X

Vessel identification

1. The identification marks of all Community vessels must conform to the relevant Community legislation. The Ministry
must be notified of such legislation before this Protocol enters into force. The Ministry must further be notified of any
amendment to the legislation at least one month before its entry into force.

2. Any vessel which conceals its markings, name or registration shall be liable to the penalties provided for by Mauritanian

law.

CHAPTER XI

Suspension or withdrawal of licences

Where the Mauritanian authorities decide to suspend or definitively withdraw the licence of a Community vessel, in appli-
cation of this Protocol and Mauritanian law, the skipper of that vessel shall immediately cease fishing activities and make for
the port of Nouadhibou to submit the original licence to the surveillance authority. Once the required formalities have been
duly completed, the Ministry shall notify the Commission, via the Delegation, of the lifting of the suspension and the licence
shall be returned.

CHAPTER XII

Infringements

1. All infringements shall be penalised in accordance with Mauritanian law.

2.

In the event of serious or very serious fisheries infringements as defined by Mauritanian law, the Ministry reserves the
right to prohibit the vessels, skippers and, where applicable, the shipowners involved in committing such infringements,
provisionally or definitively from all fishing activities in Mauritanian waters.

CHAPTER XIII

Fines

The amount of fines imposed on Community vessels shall be calculated in accordance with Mauritanian law within mini-
mum and maximum limits specified in Mauritanian law. This amount shall be set in accordance with the procedure pro-
vided for in Chapter VI, point 3 of Annex II. The amount of fines imposed shall be converted into euro by the surveillance
authority at the rate laid down in paragraph 1 of Chapter III of this Annex. The two amounts shall be notified simulta-
neously to the shipowner and to the Commission via the Delegation.

Mauritanian law, and any subsequent amendments thereto, shall be communicated to the Community.

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Provisions relating to vessels fishing highly migratory species (tuna vessels and surface longliners)

CHAPTER XIV

1. Licences for tuna seiners, pole-and-line tuna vessels and surface longliners shall be issued for periods which coincide with

calendar years except for the first and last year of this Protocol.

The original licence must be kept on board at all times and presented at the request of the surveillance authority. The
Commission shall keep an up-to-date draft list of the vessels for which a fishing licence has been applied for under this
Protocol. This draft shall be notified to the Ministry as soon as it is drawn up, and then each time it is updated. On receipt
of this draft list and of notification of payment of the advance sent to the Ministry by the Commission, the vessel shall
be entered by the competent Mauritanian authority on a list of vessels authorised to fish, which shall be sent to the sur-
veillance authority. A certified copy of this list shall then be sent to the shipowner to be kept on board instead of the
fishing licence until the licence has been issued.

On presentation of the proof of payment of the advance, the Ministry shall draw up the licence and enter the vessel con-
cerned on the list of vessels authorised to fish which shall be sent to the surveillance authority and to the Commission,
via the Delegation.

2. Before receiving its licence, each vessel operating under the Agreement for the first time must be presented for the inspec-
tions required by the legislation in force. Such inspections may be carried out in a foreign port to be agreed. All expenses
linked to such inspection shall be borne by the shipowner.

3. Licences shall be issued following payment, by transfer to the account defined in Chapter IV, point 1(a), of a lump sum
corresponding to the advance specified in the Fishing Datasheets in the Protocol. This lump sum shall be established pro
rata temporis to the validity of the licence for the first and last year of the Agreement.

The parafiscal charge shall be paid in proportion to the time spent in the Mauritanian fishery zone. Monthly payments
are deemed to cover periods of 30 days’ actual fishing. This provision preserves the indivisible nature of the charge and,
consequently, the monthly payment shall be due in respect of any period begun.

The first monthly payment must be paid at the time of applying for a licence and the combined numbers of fishing days
shall be taken into account.

A vessel which has fished for 1 to 30 days over the year shall pay the charge in respect of one month. The second
monthly payment of this charge shall be due after the first period of 30 days and so on.

Additional monthly payments shall be made not later than 10 days after the first day of each additional period.

4. A logbook in accordance with the ICCAT model in Appendix 4 to this Annex shall be kept on vessels for each fishing

period spent in Mauritanian waters. It shall be filled in even when no catches are made.

For periods when a vessel is not in Mauritanian waters, the words ″Outside Mauritanian EEZ″ shall be entered in the
above logbook.

Within 15 working days of vessels arriving in the port of landing, the logbooks referred to in this point shall be sent to
the Ministry and to the national authorities of the Member State.

Failure to comply with one of the above provisions shall entail, without prejudice to the penalties laid down by Mauri-
tanian law, automatic suspension of the fishing licence until the shipowner has met such obligations.

5. Subject to any checks Mauritania may wish to carry out, the Commission, via the Delegation, shall submit to the Min-
istry, by 15 June each year, a statement of fees due for the previous fishing year on the basis of the catch declarations
made by each shipowner and confirmed by the scientific institutes responsible for verifying catch data in the Member
States, such as the IRD (Institut de Recherche pour le Développement), IEO (Instituto Español de Oceanografía), INIAP (Instituto
Nacional de Investigação Agrária e das Pescas) and IMROP (Institut Mauritanien de Recherches Océanographiques et des Pêches).

6. For the last year of application of the Agreement, the statement of the fees due for the previous year shall be notified

within four months of expiry of the Agreement.

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7. The final statement shall be sent to the shipowners concerned, who shall have 30 days, from the notification and the
approval of the amounts by the Ministry, within which to discharge their financial obligations to the competent national
authorities. Payment in euro, in favour of the Mauritanian Public Treasury, shall be made into the account mentioned in
Chapter IV, point 1(a) no later than one and a half months after that notification.

However, if the amount of the final statement is lower than the advance referred to in point 4 above, the resulting bal-
ance shall not be reimbursable to the shipowner.

8. By way of derogation from Chapter I of Annex II, vessels shall be obliged within the three hours before entering or leav-
ing the zone to communicate their position and the volume of the catch on board direct to the Mauritanian authorities,
preferably by fax or, failing that, by radio.

The fax number and radio frequency shall be notified by the surveillance authority.

A copy of the fax messages or of the record of radio communications shall be kept by the Mauritanian authorities and
the shipowners until both Parties have approved the final statement of fees referred to in point 5.

9. At the request of the Mauritanian authorities and by mutual agreement with the shipowners concerned, tuna seiners shall

take a scientific observer on board.

CHAPTER XV

Rules on pelagic fishing vessels

1. The original licence must be kept on board at all times and presented at the request of the competent Mauritanian
authorities. If for practical reasons the original licence cannot be delivered to the vessel immediately after it is issued by
the Ministry, keeping a copy or fax on board shall suffice for a maximum of 10 days.

2. Technical inspections of the vessels may take place in Europe. In this case, the travel and subsistence expenses of two

persons designated by the Ministry to carry out these inspections shall be payable by the shipowners.

3. The amounts of licence fees shall include all related fees and taxes, with the exception of the parafiscal charge, port taxes

and service charges.

If the Community wishes to have an additional quota for category 9, up to a limit of 50 000 tonnes, it shall inform Mau-
ritania thereof not later than 15 February of each year. The two Parties may however decide by mutual agreement to
increase that limit, on an annual basis and in accordance with the scientific advice available or after the Joint Scientific
Committee has issued an opinion.

On the basis of the information supplied by the Community, a final statement of catches shall be drawn up by 15 Sep-
tember of each year for the previous year.

In accordance with this final statement of catches, approved by the two Parties, and in the event of the overall tonnage
of 250 000 tonnes being exceeded, a payment of EUR 40 per tonne fished shall be effected by the Community by way
of an additional financial contribution to the Mauritanian Public Treasury.

The principle of a ceiling on catch shall not apply to non-freezer pelagic vessels in category 11.

Fees and any additional amounts shall be paid, in favour of the Treasury, into the account referred to in Chapter IV,
point 1(a).

4. Pelagic fishing vessels shall notify the surveillance authority of their intention to enter or leave Mauritanian fishing zones
12 hours in advance of entry and 36 hours in advance of exit. When notifying exit, vessels shall also communicate the
volume of and species in catches kept on board.

5. Shipowners shall take all appropriate measures to transport the Mauritanian seamen and scientific observers at their

expense.

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6. Category 11 pelagic vessels shall be subject to the following rules as regards signing on seamen:

— during the first six months of fishing in Mauritanian fishing zones, vessels shall be exempted from signing on Mau-

ritanian seamen;

— during the following six months of fishing, vessels shall sign on 50 % of the seamen provided for in point 1 of

Chapter VIII.

At the end of these two six-month periods, point 1 of Chapter VIII shall apply to category 11 vessels.

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Appendix 1

MAURITANIA — EUROPEAN COMMUNITY FISHING AGREEMENT

APPLICATION FORM FOR A FISHING LICENCE

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2

x
i
d
n
e
p
p
A

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3

x
i
d
n
e
p
p
A

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4

x
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p
p
A

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Appendix 5

MAURITIAN LEGISLATION IN FORCE CONCERNING BY-CATCHES

IRM legislation — 2002/073

Categories

Authorised by-catches

Prohibited catches

Vessels fishing for crustaceans other than spiny
lobster and crab

20 % fish and 15 % cephalopods
7,5 % crabs

Black hake trawlers and bottom longliners

Trawlers: 25 % fish
Longliners: 50 % fish

Spiny lobster

Cephalopods and crustaceans

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

10 % of the total for the authorised target species or group of species (live weight), including
a maximum of 5 % for shrimps and 5 % for squid and cuttlefish

Octopus
Hake (maximum % to be decided within the Joint
Committee)

Freezer trawlers fishing for demersal species

10 % of the total for the authorised target species or group of species (live weight), including
a maximum of 5 % for shrimps and 5 % for squid and cuttlefish

Octopus

Cephalopod vessels

Lobster boats

Freezer tuna seiners

5 % shrimps

Pole-and-line tuna vessels and surface longliners

Fish, cephalopods, shrimps, royal spiny lobsters and
crabs

Species other than the target species or group of spe-
cies

Species other than the target species or group of spe-
cies

Pelagic freezer trawlers

3 % of the total for the authorised target species or group of species (live weight)

Crustaceans or cephalopods except squid

1

2

3

4

5

6

7

8

9

10

Crab fishing

Fish, cephalopods and crustaceans other than the
target species

11

Non-freezer pelagic vessels

3 % of the total for the authorised target species or group of species (live weight)

Crustaceans or cephalopods except squid

L

2
0
3
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3
8

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.

.

3
1
7
2
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8

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Appendix 6

LEGISLATION IN FORCE ON MINIMUM SIZES OF CATCHES KEPT ON BOARD

‘Section III: Minimum sizes and weights of species

Article 2: The minimum dimensions of species must be measured:

— for fish, from the tip of the snout to the end of the caudal fin (total length);

— for cephalopods, the length of the body alone (mantle) without tentacles;

— for crustaceans, from the tip of the rostrum to the end of the tail.

The tip of the rostrum is an extension of the carapace, which is situated in the anterior median portion of the cephalotho-
rax. For pink spiny lobster, the middle of the concave portion of the carapace situated between the two frontal horns must
be chosen as the reference point.

Article 3: The minimum sizes and weights of the saltwater fish, cephalopods and crustaceans which may be fished are:

(a)

For saltwater fish:

Sardinella (Sardinella aurita and Sardinella maderensis)

Sardine (Sardina pilchardus)

Scads and horse mackerels (Trachurus spp.)

Yellow horse mackerel (Decapturus rhonchus)

Chub mackerel (Scomber japonicus)

Gilt-head seabream (Sparus auratus)

Blue-spotted seabream (Sparus coeruleostictus)

Red-banded seabream (Sparus auriga), red porgy (Sparus pagrus)

Dentex (Dentex spp.)

Red pandora (Pagellus bellottii), axillary seabream (Pagellus acarne)

Rubberlip grunt (Plectorhynchus mediterraneus)

Black grouper

Brown meagre (Sciana umbra)

Meagre (Argirosomus regius) and cassava croaker (Pseudotholithus senegalensis)

Groupers (Epinephelus spp.)

Bluefish (Pomatomus saltator)

West African goatfish (Pseudupeneus prayensis)

Mullets (Mugil spp.)

Smoothhound, barbeled houndshark (Mustellus mustellus, Leptocharias smithi)

Sea spotted bass (Dicentrarchus punctatus)

Tongue-sole (Cynoglossus canariensis, Cynoglossus monodi)

Tongue-sole (Cynoglossus cadenati, Cynoglossus senegalensis)

Hake (Merluccius spp.)

Yellowfin tuna (Thunnus albacares) of a weight of less than

Bigeye tuna (Thunnus obesus) of a weight of less than

18 cm

16 cm

19 cm

19 cm

25 cm

20 cm

23 cm

23 cm

15 cm

19 cm

25 cm

25 cm

25 cm

70 cm

40 cm

30 cm

17 cm

20 cm

60 cm

20 cm

20 cm

30 cm

30 cm

3,2 kg

3,2 kg

(b)

For cephalopods:

Octopus (Octopus vulgaris)

Squid (Loligo vulgaris)

Cuttlefish (Sepia officinalis)

African cuttlefish (Sepia bertheloti)

500 g (eviscerated)

13 cm

13 cm

7 cm

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(c)

For crustaceans:

Royal spiny lobster (Panulirus regius)

Pink spiny lobster (Palinurus mauritanicus)

Deepwater rose shrimps (Parapenaeus longirostris)

Red crab (Geryon maritae)

21 cm

23 cm

06 cm

06 cm

Southern pink shrimp, caramote prawn (Penaeus notialis, Penaeus kerathurus)

200 indv/kg’

Appendix 7

LIST OF CONVERSION FACTORS

CONVERSION RATE TO BE APPLIED TO FINISHED FISHERIES PRODUCTS OBTAINED FROM SMALL PELAGICS
PROCESSED ON BOARD TRAWLERS

Production

Processing method

Conversion rate

Sardinella

Without head

Without head, eviscerated

Without head, eviscerated

Mackerel

Without head

Without head, eviscerated

Without head

Without head, eviscerated

Scabbard fish

Without head, eviscerated

Slices

Without head, eviscerated (special cut)

Sardine

Without head

Without head, eviscerated

Without head, eviscerated

Horse mackerel

Without head

Without head

Without head, eviscerated

Without head, eviscerated

Hand cutting

Hand cutting

Machine cutting

Hand cutting

Hand cutting

Machine cutting

Machine cutting

Hand cutting

Hand cutting

Hand cutting

Hand cutting

Hand cutting

Machine cutting

Hand cutting

Machine cutting

Hand cutting

Machine cutting

1,416

1,675

1,795

1,406

1,582

1,445

1,661

1,323

1,340

1,473

1,416

1,704

1,828

1,570

1,634

1,862

1,953

NB: For processing fish into meal, the applicable conversion rate is 5,5 tonnes of fresh fish to 1 tonne of meal.

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ANNEX II

COOPERATION IN THE MONITORING OF FISHING ACTIVITIES BY COMMUNITY VESSELS IN
MAURITANIA’S FISHING ZONES

CHAPTER I

Entering and leaving the fishing zone

1. Except for tuna vessels, surface longliners and pelagic fishing vessels (for which the deadlines shall be as laid down in

Chapters XIV and XV of Annex I), Community vessels operating under this Agreement must report:

(a)

entry:

notice must be given at least 36 hours beforehand and contain the following particulars:

— the position of the vessel at the time of notification,

— the day, date and approximate time of entering Mauritania’s EEZ,

— the amount and species of catch held on board at that time, where vessels have previously stated that they
hold a fishing licence for another fishing zone in the subregion, in which case the surveillance authority will
have access to the fishing log concerning that zone and any checks may not last longer than the period laid
down in point 4 of this Chapter;

(b)

exit:

notice must be given at least 48 hours beforehand and contain the following particulars:

— the position of the vessel at the time of notification,

— the day, date and time of leaving Mauritania’s EEZ,

— the amount and species of catch held on board at that time.

2. Shipowners shall notify the surveillance authority of their vessels’ entry into and exit from Mauritania’s EEZ by fax, e-mail
or mail to the fax numbers or address in Appendix 1 to this Annex. In the event of difficulties in communicating by
those means, the information may be transmitted via the Community.

The Commission, via the Delegation, shall be given 15 days prior notice of any changes in the numbers or addresses for
notification.

3. During their presence in the Mauritanian EEZ, Community vessels shall regularly monitor international call frequencies

(VHF Channel 16 or HF 2 182 kHz).

4. On receipt of messages notifying exit from the fishing zone, the Mauritanian authorities reserve the right to decide
whether to carry out a check prior to the departure of vessels, on the basis of sampling within Nouadhibou or Nouakchott
port.

Those monitoring operations should not last for more than six hours for pelagics (category 9) or more than three hours
for other categories.

5. Failure to comply with the provisions of points 1 to 3 above shall result in the following sanctions:

(a)

the first time:

— the vessel shall be diverted, if possible,

— the catch on board shall be unloaded and confiscated on behalf of the Public Treasury,

— the vessel shall pay the minimum fine provided for under Mauritanian law;

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(b)

the second time:

— the vessel shall be diverted, if possible,

— the catch on board shall be unloaded and confiscated on behalf of the Public Treasury,

— the vessel shall pay the maximum fine provided for under Mauritanian law,

— the licence shall be revoked for the remainder of its period of validity;

(c)

the third time:

— the vessel shall be diverted, if possible,

— the catch on board shall be unloaded and confiscated on behalf of the Public Treasury,

— the licence shall be definitively revoked,

— the skipper and the vessel shall be prohibited from fishing in Mauritania.

6. Should it not be possible to divert the offending vessel, the Ministry shall inform the Commission and the flag Member

State so that the penalties laid down in the above point 5 may be applied.

CHAPTER II

Innocent passage

When Community fishing vessels are exercising their right of innocent passage and navigation in Mauritanian fishing zones
in accordance with the United Nations Convention on the Law of the Sea and relevant national and international legislation,
they shall keep all their fishing gear stowed on board in such a way that it cannot be immediately utilised.

CHAPTER III

Transhipment

1. The catches of Community vessels shall be transhipped solely within Mauritanian ports and in the zones laid down in

Appendix 5 to this Annex.

2. Any Community vessel wishing to tranship catches shall be subject to the procedure laid down in points 3 and 4 below.

3. The owners of such vessels shall notify the surveillance authority at least 36 hours beforehand, using the means of com-

munications specified in point 2 of Chapter I of this Annex, of the following:

— the names of the transhipping fishing vessels,

— the names of the cargo vessels,

— the tonnage by species to be transhipped,

— the day, date and time of transhipment.

The surveillance authority shall respond within 24 hours.

4. Transhipment shall be considered as an exit from Mauritanian fishing zones. Vessels must therefore provide the surveil-
lance authority with the originals of the fishing log and the supplementary fishing log and state whether they intend to
continue fishing or leave the Mauritanian fishing zone.

5. Any transhipment of catches not covered in points 1 to 4 above shall be prohibited in Mauritania’s EEZ. Any person

infringing this provision shall be liable to the penalties provided for by Mauritanian law.

6. Mauritania reserves the right to refuse transhipment if the carrier vessel has carried out illegal, undeclared or unregu-

lated fishing inside or outside Mauritania’s EEZ.

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CHAPTER IV

Inspection and monitoring

1. Skippers of Community fishing vessels shall allow and facilitate boarding and the discharge of their duties by any Mau-

ritanian official responsible for the inspection and control of fishing activities.

These officials shall not remain on board for longer than is necessary for the discharge of their duties.

Once the inspection has been completed, a control report shall be issued to the skipper of the vessel.

2. The Community hereby undertakes to maintain the specific monitoring programme in Community ports. This pro-
gramme shall be communicated to the Ministry, which reserves the right to ask to be present at these checks in accor-
dance with Chapter V. Summaries of reports on the checks carried out shall be sent to the Ministry at regular intervals.

CHAPTER V

Mutual observation system for shore-based controls

The two Parties agree to set up a mutual observation system for shore-based controls with a view to improving the effec-
tiveness of checks. To this end, they shall designate representatives who shall attend monitoring operations and inspec-
tions carried out by the respective national inspection authorities and may make observations on the implementation of
this Agreement.

These representatives must possess:

— a professional qualification,

— adequate fisheries experience, and

— thorough knowledge of the provisions of the Agreement and of this Protocol.

Inspections shall be carried out by the national inspection authorities and the representatives in attendance may not, on
their own initiative, exercise the powers of inspection conferred on national officials.

When the representatives accompany national inspection officials, they shall have access to the vessels, premises and
documents subject to inspection by those officials, in order to collect anonymous data necessary for the accomplish-
ment of their task.

The representatives shall accompany the national inspection authorities on their visits to the ports, on board ships in
dock, to public auction houses, fish wholesalers’ shops, cold stores and other premises for unloading and storing fish
before it is placed on the market.

The representatives shall draw up and submit a report every four months detailing the inspections attended. This report
shall be addressed to the competent authorities. A copy shall be supplied by those authorities to the other Contracting
Party.

1.

Implementation

The competent inspection authority of each Party shall give ten days’ written notice to the other Party of the shore-based
inspections, on a case-by-case basis, which it intends to carry out.

The other Party shall give five days’ notice of its intention to send an observer.

The duration of the representative’s mission should not exceed 15 days.

2. Confidentiality

The representative on joint monitoring operations shall respect the plant and equipment on board the vessel, and any
other installations, and also the confidentiality of all documents to which access is provided.

The representative shall disclose information on the results of the work solely to the competent authorities.

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3. Location

This programme shall be implemented in the Community ports of landing and Mauritanian ports.

4. Funding

Each Party shall bear the costs of its representative on monitoring operations, including travel and board.

CHAPTER VI

Boarding and application of penalties

1.

Statement of boarding

The statement of boarding shall be drawn up faithfully by the surveillance authority on the basis of any infringements
found and entered in the inspection report drawn up following checks on the vessel. This control report, which shall
specify the circumstances and reasons leading to the boarding, must be signed by the skipper of the vessel, who may
note any reservations therein and a copy of which shall be given to him by the surveillance authority.

This signature shall not prejudice the rights of the skipper or any defence which the skipper may make to the alleged
infringement.

2.

Notification of boarding

In the event of boarding, the surveillance authority shall serve by post on the ship’s representative the statement relat-
ing to the infringement, together with the inspection report. The surveillance authority shall inform the Delegation as
soon as possible, and within 48 working hours, of any boarding of or penalty imposed on a Community fishing vessel
operating in Mauritanian fishing zones.

In the event of an infringement which cannot be brought to an end at sea, the skipper, at the request of the surveil-
lance authority, shall take the vessel to the port of Nouadhibou. In the event of an infringement acknowledged by the
skipper which can be terminated at sea, the vessel shall continue fishing.

In both cases, once the infringement is brought to an end, the vessel shall continue fishing.

3.

Settlement of boarding

3.1.

In accordance with this Protocol and Mauritanian law, infringements may be settled either out of court or by legal
proceedings.

3.2.

In the case of an out-of-court settlement, the amount of the fine shall be determined in accordance with Mauritanian
legislation laying down minimum and maximum figures.

The ship’s agent shall immediately contact the surveillance authority in order to reach a solution concerning this
infringement.

The Settlement Committee shall be convened by the surveillance authority for only one business day, 24 hours after
the vessel arrives in port. This also applies to boardings which take place during exit inspections.

The fine must be paid by transfer not later than 30 days after the settlement. Where a vessel is leaving the Mauritanian
EEZ, payment must become effective before the vessel leaves. Transmission to the surveillance authority of a receipt
from the Public Treasury and/or a copy of the SWIFT bank transfer, endorsed by the Central Bank of Mauritania (Noua-
dhibou or Nouakchott) and evidencing payment of the fine, shall serve as justification for releasing the vessel. In the
case of justification on the basis of an endorsed SWIFT transfer, the agent must send the surveillance authority the origi-
nal of the receipt from the Public Treasury within 72 hours of the vessel being released.

3.3.

If the settlement procedure has not reached a successful conclusion, the Ministry shall pass the file on to the public
prosecutor of Mauritania without delay. Under the legislation in force, a bank security shall be lodged by the ship-
owner to cover any fines. The vessel shall be released 72 hours from the time when the security is lodged.

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3.4. The bank security shall be irrevocable until the legal proceedings have been concluded. It shall be released by the Min-
istry if legal proceedings end without a conviction. Similarly, in the event of a conviction leading to a fine, this fine
shall be paid in accordance with the legislation in force, which lays down that the bank security will be released if pay-
ment is made within 30 days of the judgment.

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

— once the obligations arising under the out-of-court settlement have been fulfilled, or

— when the bank security referred to in point 3.3 has been lodged and accepted by the Ministry, pending comple-

tion of the legal proceedings.

4.

Compliance with the rules

All information concerning out-of-court settlements or legal proceedings relating to infringements committed by Com-
munity vessels shall be sent to the Commission via the Delegation within 48 hours.

CHAPTER VII

Satellite monitoring of fishing vessels

1. All fishing vessels fishing under this Agreement shall be subject to satellite monitoring when they are in the Maurita-

nian EEZ.

2.

3.

For the purposes of satellite monitoring, the coordinates (latitudes and longitudes) of the Mauritanian EEZ are shown
in Appendix 4.

The Parties shall exchange information on addresses and the specifications for electronic data transmission between
their Control Centres in accordance with points 5 to 7. Such information shall, where possible, include the following:
names, telephone and fax numbers, and e-mail addresses (Internet or https) which may be used for general commu-
nications between Control Centres. The details of the Mauritanian Control Centre are given in Appendix 1 to this
Annex.

4.

The position of vessels shall be determined with a margin of error of less than 500 metres and a confidence interval
of 99 %.

5. When a vessel which is fishing under the Agreement and is the subject of satellite tracking pursuant to Community
legislation enters the Mauritanian EEZ, the subsequent position reports (vessel identification, longitude, latitude, course
and speed) shall be transmitted immediately by the Control Centre of the flag State to the surveillance authority (FMC)
at intervals of no more than one hour. The messages concerned shall be identified as position reports.

6.

The messages specified in point 5 shall be transmitted electronically in https format, or any other secure protocol
(e.g. X.25). They shall be communicated in real time in the format set out in the table attached in Appendix 3.

7. Where the continuous satellite monitoring equipment installed on board a fishing vessel develops a technical fault or
breaks down, the skipper of the vessel shall transmit the information specified in point 5 to the Control Centre of the
flag State and the Mauritanian FMC in good time by fax. In those circumstances a global position report shall be sent
every four hours. This global position report shall include the position reports as recorded by the skipper of the vessel
on an hourly basis in accordance with the requirements laid down in point 5. It is recommended that shipowners carry
a second beacon on board, by way of precaution.

The Control Centre of the flag State shall send these messages immediately to the Mauritanian FMC. The faulty equip-
ment shall be repaired or replaced within a period of not more than five days. Beyond that period the vessel concerned
shall leave the Mauritanian EEZ or enter a Mauritanian port.

Where there is a serious technical problem requiring an additional period, an exception may be granted at the request
of the skipper for a maximum of 15 days. In that situation the requirements laid down in point 7 shall continue to
apply and all vessels, with the exception of tuna vessels, shall enter port in order to take on board a Mauritanian sci-
entific observer.

8.

The Control Centres of the flag States shall monitor the movements of their vessels in the Mauritanian EEZ at hourly
intervals. If the vessels are not being monitored in accordance with the conditions laid down, the Mauritanian FMC
shall be informed immediately and the procedure laid down in point 7 shall apply.

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9.

If the Mauritanian FMC finds that the flag State is not communicating the information provided for in point 5, it shall
immediately inform the Commission, via the Delegation, thereof.

10. The monitoring data communicated to the other Party in accordance with these provisions is intended solely for the
purposes of the Mauritanian authorities in controlling and monitoring the Community fleet fishing under this Agree-
ment. Such data may not under any circumstances be communicated to other parties.

11. The satellite-tracking system software and hardware components shall be reliable and shall not permit the input or out-

put of false positions or be capable of being manually overridden.

The system shall be fully automatic and operational at all times regardless of environmental and weather conditions.
Destroying, damaging, rendering inoperative or tampering with the satellite-tracking system shall be prohibited.

Skippers shall ensure that:

— data are not altered,

— the antenna or antennas connected to the satellite-tracking equipment are not obstructed,

— the power supply of the satellite-tracking equipment is not interrupted, and

— the satellite-tracking equipment is not dismantled.

12. The Parties agree to exchange upon request information on the equipment used for satellite monitoring, in order to
ensure that each piece of equipment is fully compatible with the requirements of the other Party for the purposes of
these provisions.

13. Any dispute over the interpretation or application of these provisions shall be the subject of consultation between the

Parties within the Joint Committee provided for in Article 10 of the Agreement.

14.

In the event of doubts about a given vessel the Mauritanian FMC shall send a request to the FMC of the flag Member
State which shall transmit to it without delay the geographical (polling) positions of the vessel during the period set
out in the request.

In the event of suspicions regarding the activity of certain vessels, Mauritania shall officially inform the flag State and
the Community thereof. The Community undertakes to apply the provisions relating to Community law.

15. The two Parties, within the Joint Committee provided for in Article 10 of the Agreement, undertake to find the most

appropriate solutions to:

(a)

(b)

eliminate, before the entry into force of this Protocol, all technical problems which may affect the effectiveness of
the VMS system in Mauritanian fishing zones;

analyse all means of strengthening cooperation so as to improve implementation of the VMS rules, and in par-
ticular to promote the simultaneous transmission of data by European vessels to the FMC of the flag Member State
and to the surveillance authority.

CHAPTER VIII

Mauritanian scientific observers on board Community vessels

A system for observation on board Community vessels is hereby established.

1. All Community vessels holding a licence for Mauritanian fishing zones shall take on board a Mauritanian scientific
observer, except for tuna seiners, which shall board observers at the request of the Ministry. There shall be only one
scientific observer at a time per vessel.

Each quarter, before licences are issued, the Ministry shall supply the Commission, via the Delegation, with a list of
vessels designated to take on board a scientific observer.

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2.

The period spent on board a vessel by a scientific observer shall be the length of a trip. However, at the express request
of the Ministry, this embarkation may be spread over several trips depending on the average duration of the trips
planned for a particular vessel. This request will be made by the Ministry when notifying the name of the scientific
observer designated to board the vessel in question.

Likewise, in the event of a trip being curtailed, the scientific observer may have to undertake a further trip on the same
vessel.

3.

The Ministry shall inform the Commission, via the Delegation, of the names of designated scientific observers, pro-
vided with the requisite documents, at least seven working days before the scheduled date of their embarkation.

4. All costs arising out of the activities of scientific observers, including their salary, emoluments and allowances, shall be
borne by the Ministry. If a scientific observer is taken on board or disembarked at a foreign port, travelling expenses
and daily allowances shall be borne by the shipowner until the observer boards the vessel or arrives at a Mauritanian
port.

5.

Skippers of vessels designated to take on board a scientific observer shall make all the arrangements for boarding and
disembarkation of the scientific observer.

Scientific observers shall enjoy the same treatment on board as the vessel’s officers.

Observers shall be offered every facility needed to carry out their duties. The skipper shall give them access to the means
of communication needed for the discharge of their duties, to documents directly concerned with the vessel’s fishing
activities, i.e. the fishing log, the supplementary fishing log and the navigation log, and to those parts of the vessel nec-
essary to facilitate the exercise of their tasks as observer.

6.

Scientific observers shall normally board (and disembark) at a Mauritanian port at the start of the first trip, following
notification of the list of designated vessels, which must take place at least 20 days before the beginning of the trip.

Within 15 days of that notification, the shipowners concerned shall notify the surveillance authority, via their local
representatives, using the means of communication specified in Chapter I of this Annex, of the date and port selected
for taking the scientific observer on board.

7.

Scientific observers must report to the skipper of the designated vessel the day before the selected date of embarkation.
Should the scientific observer not appear, the skipper of the vessel shall inform the surveillance authority, which shall
replace the observer within the following two hours. If it does not do so, the vessel shall be authorised to leave the port
in possession of a certificate of absence for the scientific observer. However, the Ministry may subsequently, at its own
expense, arrange the boarding of a new scientific observer, without disrupting fishing by the vessel.

8.

Failure by a shipowner to comply with one of these provisions relating to scientific observers shall result in the auto-
matic suspension of the fishing licence until the shipowner has complied with such obligations.

9.

Scientific observers must have:

— a professional qualification,

— adequate fisheries experience, and

— a thorough understanding of this Protocol and the Mauritanian rules applicable.

10. Scientific observers shall check whether Community vessels operating in the Mauritanian fishing zone comply with the

terms of this Protocol.

They shall compile a report on this subject. In particular, they shall:

— observe the fishing activities of the vessels,

— check the position of vessels engaged in fishing operations,

— perform biological sampling in the context of scientific programmes,

— record particulars of the fishing gear and the mesh sizes of the nets used.

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11. Observation shall be confined to fishing activities and related activities governed by this Protocol.

12. Scientific observers shall:

— take all appropriate steps to ensure that the conditions of their boarding and presence on the vessel neither inter-

rupt nor hamper fishing operations,

— use the instruments and procedures approved for measuring the mesh size of nets used under this Agreement,

and

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

13. At the end of the observation period and before leaving the vessel, scientific observers shall draw up a report in accor-
dance with the model in Appendix 2 to this Annex. They shall sign it in the presence of the skipper, who may add or
cause to be added to it any observations considered relevant, followed by the skipper’s signature. A copy of the report
shall be given to the skipper when the observer is put ashore.

Each month, the Ministry shall send the reports from the previous month to the Commission, via the Delegation, for
information purposes.

CHAPTER IX

Dumping at sea and pollution

The two Parties shall look into the problem of dumping at sea by fishing vessels and shall examine means of recovery.

The two Parties shall reach agreement, as soon as this Protocol enters into force, on the implementation of inspection mea-
sures aimed at preventing waste oil being tipped into the sea by fishing vessels.

CHAPTER X

Fight against illegal fishing

In an effort to curb illegal fishing activities in Mauritanian fishing zones which jeopardise fisheries management policy, the
Parties agree to exchange information on these activities on a regular basis.

In addition to the measures already applied by the two Parties under existing legislation, they shall consult one another on
the possibility of taking supplementary joint or individual action. To this end, they shall step up cooperation, in particular
on the fight against illegal fishing.

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Appendix 1

MAURITANIA — EUROPEAN COMMUNITY FISHING AGREEMENT

CONTACT DETAILS FOR THE SURVEILLANCE AUTHORITY

Délégation à la Surveillance des Pêches et au Contrôle en Mer
(Delegation for Fisheries Surveillance and Maritime Control)
(DSPCM)

Address:

Tel.:

Fax:

E-mail:

Boîte Postale (BP) 260 Nouadhibou
Mauritania

(222) 574 57 01

(222) 574 63 12

dspcm@toptechnology.mr

CONTACT DETAILS FOR THE MAURITANIAN FMC

Name of FMC:

DSPCM SSN

VMS Tel.:

VMS Fax:

VMS E-mail:

X25 Address:

(222) 574 67 43/574 56 26

(222) 574 67 43

dspcm@toptechnology.mr

20803403006315

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Appendix 2

REPORT OF THE MAURITANIAN SCIENTIFIC OBSERVER

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Appendix 3

COMMUNICATION OF VMS MESSAGES IN MAURITANIA

POSITION REPORT

Data Element

Code

Mandatory/
Optional

Comments

Start record

Addressee

From

Flag State

Type of message

Radio call sign

Contracting Party inter-
nal reference number

External registration
number

Latitude

Longitude

Course

Speed

Date

Time

End record

SR

AD

FR

FS

TM

RC

IR

XR

LA

LO

CO

SP

DA

TI

ER

M

M

M

M

M

M

M

M

M

M

M

M

M

M

M

System detail — indicates start of record

Message detail — addressee. Alpha 3 ISO country code

Message detail — sender. Alpha 3 ISO country code

Message detail — Message type ‘POS’

Vessel detail — international radio call sign of vessel

Unique contracting Party number (flag State ISO-3 code followed
by number)

Vessel detail — number marked on side of vessel

Vessel position detail — position in degrees, minutes and tenths
of minutes N/S DDMM.m (WGS-84)
Example: N2046.3

Vessel position detail — position in degrees, minutes and tenths
of minutes E/W DDMM.m (WGS-84)
Example: W01647.6

Vessel course 360° scale

Vessel speed in tenths of knots

Vessel position detail — date of record of UTC position
(YYYYMMDD)

Vessel position detail — time of record of UTC position (HHMM)

System detail — indicates end of record

Character set: ISO 8859.1

Each data transmission is structured as follows:

— a double slash (//) and field code indicate the start of the message,

— a single slash (/) separates the field code and the data.

Optional data elements have to be inserted between the start and end of the record.

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Coordinates of EEZ/Protocol

EU VMS

1

2

3

4

5

6

7

8

9

10

11

12

Southern boundary

Coordinates

Coordinates

Coordinates

Coordinates

Coordinates

Coordinates

Coordinates

Coordinates

Coordinates

Coordinates

Northern boundary

Appendix 4

LIMITS OF THE MAURITANIAN EEZ

Long. 19° 58’ W

Long. 19° 54’ W

Long. 19° 47’ W

Long. 19° 33’ W

Long. 19° 29’ W

Long. 19° 28’ W

Long. 19° 43’ W

Long. 20° 01’ W

Long. 20° 04’ W

Long. 20° 14,5’ W

Long. 20° 25,5’ W

Long. 20° 04,5’ W

Lat. 16° 04’ N

Lat. 16° 30’ N

Lat. 17° 00’ N

Lat. 17° 30’ N

Lat. 18° 00’ N

Lat. 18° 30’ N

Lat. 19° 00’ N

Lat. 19° 23’ N

Lat. 19° 30’ N

Lat. 20° 00’ N

Lat. 20° 30’ N

Lat. 20° 46’ N

Appendix 5

Coordinates of the authorised transhipment zone within the port of Nouadhibou

(BUOY 2 = N 20° 43,6 W 17° 01,8)

1

2

3

4

5

6

Coordinates

Coordinates

Coordinates

Coordinates

Coordinates

Coordinates

Lat. 20° 43,6’ N

Lat. 20° 43,6’ N

Lat. 20° 46,6’ N

Lat. 20° 46,7’ N

Lat. 20° 45,3’ N

Lat. 20° 45,3’ N

Long. 17° 01,4’ W

Long. 16° 58,5’ W

Long. 16° 58,5’ W

Long. 17° 00,4’ W

Long. 17° 00,4’ W

Long. 17° 01,5’ W

Coordinates of the authorised transhipment zone within the port of Nouakchott

1

2

3

4

Coordinates

Coordinates

Coordinates

Coordinates

Lat. 18° 01,5’ N

Lat. 18° 01,5’ N

Lat. 17° 59’ N

Lat. 17° 59’ N

Long. 16° 07’ W

Long. 16° 03,8’ W

Long. 16° 07’ W

Long. 16° 03,8’ W

L 203/54

EN

Official Journal of the European Union

31.7.2008

Appendix 6

MINISTRY OF FISHERIES

DIRECTORATE FOR INDUSTRIAL FISHERIES

ANNEX III

DATA ON ACTIVITY OF FISHING VESSELS FOR 2005

CATEGORIES

VN

KW

GT

NFD

CATCH

NATIONAL

5

1

2

3

4

6

7

8

9

10

22

10 484

5 413

2 390

1 538

8

6

0

7 042

3 171

2 049

1 040

0

0

398

904

0

386

1 294

0

C

G

100

63 316 29 876

19 795

22 333

88

26 699 20 081

11 714

10 137

ST

188

90 015 49 957

31 509

32 470

0

0

0

3

0

0

0

0

0

0

0

0

0

0

0

0

0

10 350 17 136

594

28 587

0

0

0

0

VN

35

14

13

9

50

0

50

0

23

27

12

0

OTHER

TOTAL

EU

GT

KW

NFD

CATCH

VN

KW

GT

18 408

9 889

4 682

7 663

4 794

3 089

1 956

7 210

2 387

1 244

1 418

4 036

4 946

2 470

834

858

34 554

20 922

9 758

16 833

0

0

0

0

34 554

20 922

9 758

16 833

0

0

0

0

46 265

28 983

9 797

6 137

1 708

7 633

9

1

4

0

0

0

0

0

0

4

7 151

2 135

307

1 939

161

799

0

0

0

0

0

0

0

0

0

0

0

0

1 451

909

NFD

697

18

418

0

0

0

0

0

0

CATCH

468

6

503

0

0

0

0

0

0

75 460

59 699

1 044

112 347

51

145 449 316 158

7 848

416 212

0

0

0

0

4

1 236

839

44

80

VN

66

23

23

9

KW

GT

NFD

CATCH

36 043

17 437

7 769

9 669

12 143

6 421

2 372

7 602

6 375

3 083

2 740

5 833

4 946

2 470

834

858

150

97 870

50 798

29 553

39 166

88

26 699

20 081

11 714

10 137

238

124 569 70 879

41 267

49 303

0

23

31

66

4

0

0

46 265

28 983

11 248

7 046

0

0

0

0

1 708

7 633

231 259 392 993

9 486

557 146

1 236

839

44

80

TOTAL 227 119 940 76 717

35 796

64 275

183

196 611 132 433 19 691 158 288

73

157 533 321 001

9 025

417 269

483

474 084 530 151 64 512 639 833

CATEGORIES:

VN:

KW:

GT:

NFD:

Vessel Number

Power in Units

Gross Tonnage

1 — CRUSTACEANS EXCLUDING SPINY LOBSTER

7 — TUNA WITH SEINE

2 — BLACK HAKE

8 — TUNA WITH POLE-AND-LINE AND LONGLINES

3 — DEMERSAL SPECIES WITH GEAR OTHER THAN TRAWLS

9 — PELAGICS

Number of Fishing Days

4 — DEMERSAL TRAWLERS TARGETING SPECIES OTHER THAN

10 — CRAB

HAKE

CATCHES:

Overall vessel catches, including targeted

5 — CEPHALOPODS

11 — NON-FREEZER PELAGICS

species and by-catches

6 — SPINY LOBSTER

NB: For 2005, data on the activities of Baltic vessels (Lithuania and Latvia), including figures on catches (133 053 tonnes), are included in the columns relating to ‘other’ vessels and not in the columns relating to EU

vessels.
the data relating to tuna categories 7 and 8 for the EU fleet are the EU’s figures.

(*)

.

.

3
1
7
2
0
0
8

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n
U
n
o
n

i

L

2
0
3
/
5
5

MINISTRY OF FISHERIES

DIRECTORATE FOR INDUSTRIAL FISHERIES

DATA ON ACTIVITY OF FISHING VESSELS FOR 2006

NATIONAL

EU

OTHER

TOTAL

KW

GT

NFD

CATCH

VN

KW

GT

NFD

CATCH

VN

KW

GT

NFD

CATCH

VN

KW

GT

NFD

CATCH

CATEGO-
RIES

1

2

3

4

C

G

5

VN

20

2

6

0

84

42

ST

126

13 616

4 715

3 039

1 474

589

224

2 779

1 010

0

0

88

594

0

476

4 661

0

67 290

26 176

34

13

7

0

43

0

43

1

10

20

15

1

0

14 926

9 601

6 910

7 042

3 915

3 414

2 526

7 874

1 110

552

637

2 173

0

0

0

0

30 086

17 983

7 665

13 995

0

0

0

0

7 665

13 995

570

219

98

20 062

8 547

8 383

3 207

11

978

7 812

56 269

73 441

1 939

264 645

441

0

252

0

61

0

180

0

3

0

0

0

0

0

0

11

16

22

0

0

1 501

936

293

308

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

22 068

5 650

4 611

4 914

90 385 113 506

3 705

271 480

0

0

0

0

0

0

0

0

57

15

13

0

127

42

169

1

21

36

37

2

0

30 043

15 252

10 242

8 824

4 504

3 638

2 614

8 350

3 889

1 562

1 231

6 834

0

0

0

0

97 376

44 159

26 612

25 207

7 546

4 838

34 158

30 045

570

219

98

11

42 130

14 197

12 994

8 121

146 654 186 947

5 644

536 125

1 133

384

0

0

151

0

340

0

18 947

11 212

7 546

4 838

26 493

16 050

0

0

0

0

90

0

0

0

0

0

160

0

6

7 (*)

8 (*)

9

10

11

0

0

0

0

1

0

0

0

0

0

0

0

0

0

692

0

132

0

TOTAL 155

84 966

32 257

30 304

22 821

144

135 762 117 216 19 836 304 709

52

118 565 125 006

3 998

271 788

351

339 293 274 479 54 138 590 528

CATEGORIES:

VN:

KW:

GT:

NFD:

Vessel Number

Power in Units

Gross Tonnage

1 — CRUSTACEANS EXCLUDING SPINY LOBSTER

7 — TUNA WITH SEINE

2 — BLACK HAKE

8 — TUNA WITH POLE-AND-LINE AND LONGLINES

3 — DEMERSAL SPECIES WITH GEAR OTHER THAN TRAWLS

9 — PELAGICS

Number of Fishing Days

4 — DEMERSAL TRAWLERS TARGETING SPECIES OTHER

10 — CRAB

THAN HAKE

CATCHES:

Overall vessel catches, including

5 — CEPHALOPODS

11 — NON-FREEZER PELAGICS

targeted species and by-catches

6 — SPINY LOBSTER

(*) The data relating to tuna categories 7 and 8 for the EU fleet are the EU’s figures.
The two Parties agree to update this fishing effort each year by 1 May of the following year.

L

2
0
3
/
5
6

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n
U
n
o
n

i

.

.

3
1
7
2
0
0
8

31.7.2008

EN

Official Journal of the European Union

L 203/57

ANNEX IV

Guidelines for the purpose of drawing up the matrix of objectives and performance indicators for monitoring
the implementation of the Stratégie de développement durable du secteur de la pêche de la Mauritanie
(strategy of sustainable development of Mauritania’s fisheries sector)

Strategic priorities and objectives

Indicators (indicative list)

1.

Fisheries management and rent optimisation

1.1. Sustainable fisheries management

Number of development plans drawn up, implemented and
evaluated

Number of non-industrial and coastal fisheries vessels regis-
tered (in absolute terms and as a percentage)

Register kept of vessels in Mauritanian EEZ

1.2. Stepping-up of fisheries and oceanographic research

Number of surveys carried out to assess stocks

1.3. Stepping-up of fisheries surveillance

Number of research programmes implemented

Number of recommendations issued and followed on the
state of the main fisheries resources (in particular freezes on
fishing and conservation measures for overfished stocks)

[Number of sworn independent inspectors and correspond-
ing budgetary allocation entered in the Finance Act]

Quality and diversity of the inspections carried out (number
of days of surveillance at sea, number of inspections in port
and at sea, number of aerial inspections, number of statisti-
cal bulletins published)

Rate of radar coverage of the Mauritanian EEZ

Rate of VMS coverage of the fleet

Utilisation rate of the electronic logbook/industrial and
coastal fleet combined

1.4. Control and adjustment of capacities

Programme implemented on the adjustment of capacities

Rate of reduction of vessels fishing for demersal species, par-
ticularly octopus

1.5. Development of new fisheries

Development projects carried out on new fisheries

2.

Increased economic and social impact of the sector

2.1. Development of port infrastructure and services,

Progress of the refurbishment of the port of Nouadhibou

Progress of the refurbishment and extension of the non-
industrial fishing port of Nouadhibou

Number of measures carried out to bring the fish market into
line with standards

Progress of the creation of landing stages for non-industrial
fisheries

Number of wrecks removed from Nouadhibou area

L 203/58

EN

Official Journal of the European Union

31.7.2008

Strategic priorities and objectives

Indicators (indicative list)

2.2. Restructuring of Mauritania’s industrial fleet, modernisation

Number of measures carried out on restructuring

and health and hygiene upgrade of its non-industrial fleet

2.3.

Improvement of the quality of fisheries products (products
landed and processed brought into line with health and
hygiene standards)

Quality of the financial instruments proposed

Number of canoes equipped with iceboxes

Rules on minimum health and hygiene standards applicable
to canoes and their products drawn up and implemented

Inspection system for fishery products adapted and opera-
tional

Number of awareness-raising campaigns on health and
hygiene rules (number of training courses organised and
number of people trained)

Nouakchott analytical laboratory operational

Nouakchott fish market brought into line with hygiene stan-
dards

Number of canoes equipped with ice-trays

Number of sites developed for non-industrial landing and
processing

2.4. Development of non-industrial maritime fisheries, inland

Volume of catches of non-industrial fishing vessels

fisheries and aquaculture

Number of aquaculture projects carried out

Volume of funding of inland fisheries projects launched

2.5. Promotion of private investment in the sector

Number of institutional reforms adopted

Improvements in the legal environment for investment

Tailored financial instruments implemented (budget lines for
non-industrial fisheries, support for industrial fisheries)

Number of commercial partnership fora organised

Volume of private investment carried out

Number of public-private or private-private partnership
projects developed

3.

Protection of the marine environment, habitats
and the coastline

3.1. Conservation of the marine environment and aquatic habitats Number of studies carried out to analyse the state of the
marine environment (baseline situation and follow-up stud-
ies of environmental parameters)

Number and quality of conservation measures carried out

Improvement in capacity for processing pollutants (contain-
ers for collecting waste oil, etc.), waste water treatment and
purification plant

Legislation of pollutants management adopted and imple-
mented

3.2.

Increase in capacity for analysing and combating marine
pollution

Status of launch of the anti-pollution centre

Quality and quantity of anti-pollution material acquired

31.7.2008

EN

Official Journal of the European Union

L 203/59

Strategic priorities and objectives

Indicators (indicative list)

4.

Reform of the legal and institutional framework

4.1. Reinforcement of staff training

Training plan adopted and implemented

4.2.

Improving the effectiveness of the technical services of the
Ministry of Fisheries and the services involved in managing
the sector

Number of advanced training courses held for management
staff

Number of training courses held for technical staff

Rate of increase of operating budgets

Functional database

Improvement in the management of non-industrial and
industrial fishing licences

4.3. Stepping-up of monitoring and evaluation of the implemen-

Operational monitoring system set up

tation of the strategy (steering of the system)

Set of relevant indicators available and measured at regular
intervals

Number of periodic evaluations carried out