Proposal for a COUNCIL DECISION on the conclusion of a new Fishery Partnership Agreement and of a new Protocol setting out the fishing opportunities and the financial contribution provided for by the Fisheries Partnership Agreement between the European Union and the Republic of Mauritius
Date: 2012-08-03
Institutions: European Commission
Subjects: Mauritius, financial compensation of an agreement, fishing agreement, fishing rights, protocol to an agreement, signature of an agreement

EUROPEAN COMMISSION 

Brussels, 3.8.2012  
COM(2012) 442 final 

2012/0215 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the conclusion of a new Fishery Partnership Agreement and of a new Protocol setting 
out the fishing opportunities and the financial contribution provided for by the Fisheries 
Partnership Agreement between the European Union and the Republic of Mauritius 

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EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

On the basis of relevant Council mandate1, the Commission on behalf of the European Union 
negotiated  with  the  Republic  of  Mauritius  in  view  of  initialling  a  new  Fisheries  Partnership 
Agreement  and  Protocol  between  the  European  Union  and  the  Republic  of  Mauritius. 
Following these negotiations, a new Fishery Partnership Agreement and a new Protocol were 
initialled on 23 February 2012. 

The  new  agreement  covers  a  period  of  six  years  from  the  date  of  signature  and  it  is  tacitly 
renewable for successive periods of three years. 

The  overall  objective  is  to  strengthen  cooperation  between  the  EU  and  the  Republic  of 
Mauritius  for  the  establishment  of  a  partnership  framework  for  the  development  of  a 
sustainable  fisheries  policy  and  responsible  exploitation  of  fisheries  resources  Mauritian 
fishing zone, in the interest of both parties. 

The protocol covers a period of 3 years. The new protocol provides fishing opportunities for 
86 tuna vessels (41 purse seiners and 45 long-liners). 

2. 

RESULTS OF CONSULTATIONS WITH THE INTERESTED PARTIES AND 
IMPACT ASSESSMENTS 

Member  States  were  consulted  as  part  of  technical  meetings  and  in  the  framework  of  the 
Fisheries  Working  Group  of  the  Council.  These  consultations  concluded  in  the  interest  of 
concluding a Fisheries Partnership Agreement and protocol with Mauritius. The Commission 
relied,  inter  alia,  the  results  of  an  evaluation  carried  out  by  external  experts  which  was 
finalized in November 2011. 

3. 

LEGAL ELEMENTS OF THE PROPOSAL 

This procedure is started in parallel with the procedures regarding, on one hand, the Council 
Decision on the signing, on behalf of the Union, of the new Fishery Partnership Agreement 
and Protocol setting out the fishing opportunities and the financial contribution provided for 
by  the  Fishery  Partnership  Agreement  between  the  European  Union  and  the  Republic  of 
Mauritius,  and,  on  the  other  hand,  the  Council  Regulation  on  the  allocation  of  fishing 
opportunities under the said Protocol. 

4. 

BUDGETARY IMPLICATION  

The new Protocol provides for a total financial contribution of EUR 1 980 000 for the whole 
period.  This  amount  corresponds  to:  a)  EUR  357  500  per  year  equivalent  to  an  annual 
reference  tonnage  of  5  500  tonnes,  and  b)  EUR  302  500  per  year,  corresponding  to  the 
additional envelop paid by the Union to support Mauritius fisheries and maritime policy.  

The annual financial contribution paid by the budget of the Union is therefore 660 000 EUR.  

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Council Decision nº 15921/2011 of 23.01.2012. 

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2012/0215 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the conclusion of a new Fishery Partnership Agreement and of a new Protocol setting 
out the fishing opportunities and the financial contribution provided for by the Fisheries 
Partnership Agreement between the European Union and the Republic of Mauritius 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 43, paragraph 2, in conjunction with Article 218, paragraph 6 a) thereof, 

Having regard to the proposal from the European Commission, 

Having regard to the consent of the European Parliament,2 

Whereas: 

(1) 

(2) 

(3) 

The Union negotiated with Mauritius a new Fishery Partnership Agreement and a new 
Protocol to that Fisheries Partnership Agreement, providing Union vessels with fishing 
opportunities  in  the  waters  over  which  Mauritius  have  sovereignty  or  jurisdiction  in 
respect of fisheries, 

As a result of these negotiations, a new Agreement and a new Protocol were initialled 
on 23 February 2012, 

On  the  basis  of  Council  Decision  2012/XXX  of  […]3,  this  new  Agreement  and 
Protocol have been signed, 

(4) 

The Agreement and the Protocol should be concluded, 

HAS ADOPTED THIS DECISION:  

Article 1 

The  Fisheries  Partnership  Agreement  between  the  European  Union  and  the  Republic  of 
Mauritius is hereby approved4 on behalf of the Union. 

2  
3 
4 
** 

OJ C …,…, p. ….. 
OJ C …, …, p. …. 
The text of the Protocol has been published in OJ …** together with the decision on signature. 
OJ: Please insert the reference to OJ for doc st …../10. 

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The  Protocol  to  the  Fisheries  Partnership  Agreement  between  the  European  Union  and  the 
Republic of Mauritius is hereby approved5 on behalf of the Union. 

Article 2 

Article 3 

The President of the Council shall designate the person(s) empowered to proceed, on behalf 
of  the Union,  to  the  notifications  provided  for  in  Article  17  of  the  Fishery  Partnership 
Agreement and Article 15 of the Protocol, in order to express the consent of the Union to be 
bound by the Fishery Partnership Agreement and by the Protocol6. 

Article 4 

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

Done at Brussels,  

For the Council 
The President 

5 
** 
6 

The text of the Protocol has been published in OJ …** together with the decision on signature. 
OJ: Please insert the reference to OJ for doc st …../10. 
The date of entry into force of the Agreement will be published in the Official Journal of the European 
Union by the General Secretariat of the Council. 

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FISHERIES PARTNERSHIP AGREEMENT  

between the European Union and the Republic of Mauritius 

THE EUROPEAN UNION, hereinafter referred to as "the Union", and 

THE REPUBLIC OF MAURITIUS, hereinafter referred to as "Mauritius", both 
referred to as "the Parties", 

hereinafter 

CONSIDERING  the  close  working  relationship  between  the  Union  and  Mauritius, 
particularly in the context of the Cotonou Agreement, and their mutual desire to intensify that 
relationship, 

CONSIDERING  the  desire  of  the  two  Parties  to  promote  the  sustainable  exploitation  of 
fisheries resources by means of cooperation, 

HAVING REGARD TO the United Nations Convention on the Law of the Sea, 

RECOGNISING  that  Mauritius  exercises  its  sovereign  rights  or  jurisdiction  over  a  zone 
extending up to 200 nautical miles from the baseline in accordance with the United Nations 
Convention on the Law of the Sea, 

DETERMINED  to  apply  the  decisions  and  recommendations  taken  by  the  relevant  regional 
organisations of which the Parties are members, 

AWARE  of  the  importance  of  the  principles  established  by  the  Code  of  Conduct  for 
Responsible Fisheries adopted at the Food and Agriculture Organisation (FAO) Conference in 
1995, 

DETERMINED  to  cooperate,  in  their  mutual  interest,  in  promoting  the  introduction  of 
responsible  fisheries  to  ensure  the  long-term  conservation  and  sustainable  exploitation  of 
marine living resources, 

CONVINCED  that  such  cooperation  must  take  the  form  of  initiatives  and  measures  which, 
whether  taken  jointly  or  separately,  are  complementary  and  ensure  consistent  policies  and 
synergy of effort, 

DECIDED, for the purposes of such cooperation, that the Parties shall establish the dialogue 
needed to implement the fishing policies of Mauritius by involving civil society operators, 

DESIROUS  of  establishing  terms  and  conditions  governing  the  fishing  activities  of  Union 
vessels in Mauritian waters and Union support for responsible fishing in those waters, 

RESOLVED  to  pursue  closer  economic  cooperation  in  the  fishing  industry  and  related 
activities by promoting cooperation between companies from both Parties, 

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HEREBY AGREE AS FOLLOWS: 

For the purposes of this Agreement : 

Article 1 - Definitions 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

(h) 

"Mauritian authorities" means the Ministry of Fisheries of the Republic of Mauritius;  

"Union authorities" means the European Commission;  

"fishing vessel" means any vessel used for fishing purposes according to Mauritian 
law; 

"Union vessel" means a fishing vessel flying the flag of a Member State of the Union 
and registered in the Union;  

"Joint Committee" means a committee made up of representatives of the Union and 
Mauritius, as specified in Article 9 of this Agreement; 

"transhipment" means the transfer in the port  area of some or all of the  catch  from 
one fishing vessel to another vessel; 

"shipowner" means the person legally responsible for a fishing vessel, in its charge 
and control; 

"ACP seamen"  means  any  seamen  who  are  nationals  of  a  non-European  country 
signatory to the Cotonou Agreement. 

(i) 

‘FAO’ means Food and Agriculture Organisation; 

Article 2 - Scope 

The purpose of this Agreement is to establish the terms and conditions under which vessels 
registered in and flying the flag of EU (hereinafter referred to as EU vessels) may carry out 
tuna  fishing  in  the  waters  over  which  Mauritius  has  sovereignty  or  jurisdiction  (hereinafter 
referred  to  as  ‘Mauritius  waters’)  in  accordance  with  the  provisions  of  UNCLOS  and  other 
rules of international Law and practises. 

This Agreement establishes the principles, rules and procedures governing: 

- 

- 

economic, financial, technical and scientific cooperation in the fisheries sector with a 
view to promoting responsible fishing in Mauritius' waters in order to guarantee the 
conservation  and  sustainable  exploitation  of  fisheries  resources  and  develop 
Mauritius' fisheries sector; 

cooperation  on  the  arrangements  for  policing  fisheries  in  Mauritius'  waters  with  a 
view  to  ensuring  that  the  above  rules  and  conditions  are  complied  with,  that  the 
measures for the conservation and management of fish stocks are effective and that 
illegal, unreported and unregulated fishing is prevented; 

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- 

1. 

2. 

3. 

4. 

5. 

1. 

2. 

3. 

partnerships  between  operators  aimed  at  developing  economic  activities  in  the 
fisheries sector and related activities, in the common interest. 

Article 3 – Principles and objectives underlying the implementation of this Agreement 

The Parties hereby undertake to promote responsible fishing in Mauritian waters as 
provided for in FAO's Code of Conduct for Responsible Fishing on the basis of the 
principles of non-discrimination between the different fleets fishing in those waters. 

The  Parties  shall  cooperate  with  a  view  to  monitoring  the  results  of  the 
implementation  of  the  fishing  policy  adopted  by  the  Mauritian  Government  and 
evaluating  the  measures,  programmes  and  actions  carried  out  on  the  basis  of  this 
Agreement and shall establish, to this end, a political dialogue in the fisheries sector. 
The results of the evaluations shall be analysed by the Joint Committee referred to in 
Article 9 of this Agreement. 

The  Parties  hereby  undertake  to  ensure  that  this  Agreement  is  implemented  in 
accordance with the principles of good economic and social governance, respecting 
the state of fish stocks. 

The employment of Mauritian seamen on board Union vessels shall be governed by 
the International Labour Organisation (ILO) Declaration on Fundamental Principles 
and Rights at Work, which shall apply as of right to the corresponding contracts and 
general terms of employment. 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.  Non-Mauritian  ACP 
seamen on board Union vessels shall enjoy the same conditions. 

The Parties shall consult one another prior to adopting any decision that may affect 
the activities of Union vessels under this Agreement.  

Article 4 – Scientific cooperation 

During  the  period  covered  by  this  Agreement,  the  Union  and  the  Mauritian 
authorities shall endeavour to monitor the evolution of resources in Mauritius waters 

The  Parties  undertake  to  consult  one  other,  by  means  of  a  joint  scientific  working 
group or within the international organisations concerned, to ensure the management 
and  conservation  of  living  resources  in  the  Indian  Ocean,  and  to  cooperate  in  the 
relevant scientific research. 

The  two  Parties,  on  the  basis  of  the  consultation  referred  to  in  paragraph  2  above, 
shall  consult  one  other  within  the  Joint  Committee  provided  for  in  Article  9  and 
jointly  adopt  conservation  measures  for  sustainable  management  of  fish  stocks 
affecting the activities of Union's vessels. 

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1. 

2. 

3. 

4. 

1. 

2. 

1. 

2. 

3. 

Article 5 – Access by Union vessels to fisheries in Mauritian waters 

Mauritius undertakes to authorise Union vessels to engage in fishing activities in its 
waters in accordance with this Agreement, including the Protocol and Annex thereto. 

The  fishing  activities  governed  by  this  Agreement  shall  be  subject  to  the  laws  and 
regulations  in  force  in  Mauritius.  The  Mauritian  authorities  shall  notify  the  Union 
authorities of any amendments to that legislation. 

Mauritius  undertakes  to  take  all  the  appropriate  steps  required  for  the  effective 
application of the fisheries monitoring provisions in the Protocol. Union vessels shall 
cooperate  with  the  Mauritian  authorities  responsible  for  carrying  out  such 
monitoring. 

The  Union  undertakes  to  take  all  the  appropriate  steps  required  to  ensure  that  its 
vessels  comply  with  this  Agreement  and  the  legislation  governing  fisheries  in 
Mauritius’ waters. 

Article 6 –Fishing authorisations 

Union vessels may fish in Mauritius' waters only if they are in possession of a fishing 
authorisation  on  board,  or  a  copy  thereof,  issued  under  this  Agreement  and  the 
Protocol hereto. 

The procedure for obtaining a fishing authorisation for a vessel, the fees applicable 
and the method of payment to be used by shipowners shall be as set out in the Annex 
to the Protocol. 

Article 7 – Financial contribution 

The Union shall grant Mauritius a financial contribution in accordance with the terms 
and  conditions  laid  down  in  the  Protocol  and  Annexes  to  this  Agreement.  This 
contribution shall be based on two elements, namely: 

(a) 

access by Union vessels to Mauritian waters and fisheries resources, and 

(b) 

the  Union's  financial  support  for  promoting  responsible  fishing  and  the 
sustainable exploitation of fisheries resources in Mauritian waters. 

The element of the financial contribution referred to in paragraph 1(b) above shall be 
determined  in  the  light  of  objectives  identified  by  common  accord  between  the 
Parties in accordance with the Protocol, to be achieved in the context of the sectoral 
fisheries  policy  drawn  up  by  the  Mauritian  Government  and  an  annual  and 
multiannual programme for its implementation. 

The  financial  contribution  granted  by  the  Union  shall  be  paid  each  year  in 
accordance with the Protocol and shall be subject to this Agreement and the Protocol 
in the event of any change to the amount of the contribution as a result of: 

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(a) 

(b) 

(c) 

(d) 

serious  circumstances  other  than  natural  phenomena  which  are  such  as  to 
prevent fishing activities in Mauritian waters; 

a  reduction  in  the  fishing  opportunities  granted  to  Union  vessels,  made  by 
mutual  agreement  for  the  purposes  of  managing  the  stocks  concerned,  where 
this is considered necessary for the conservation and sustainable exploitation of 
resources on the basis of the best available scientific advice; 

an  increase  in  the  fishing  opportunities  granted  to  Union  vessels,  made  by 
mutual agreement between the Parties where the best available scientific advice 
concurs that the state of resources so permits; 

a  reassessment  of  the  terms  of  financial  support  for  implementing  a  sectoral 
fisheries  policy  in  Mauritius,  where  this  is  warranted  by  the  results  of  the 
annual and multiannual programming observed by both Parties; 

(e) 

termination of this Agreement under Article 12; 

(f) 

suspension of the application of this Agreement under Article 13. 

Article 8 – Promoting cooperation among economic operators and civil society 

1. 

2. 

3. 

4. 

5. 

The  Parties  shall  encourage  economic,  scientific  and  technical  cooperation  in  the 
fisheries  sector  and  related  sectors.  They  shall  consult  one  another  with  a  view  to 
coordinating the different measures that might be taken to this end. 

The Parties undertake to promote the exchange of information on fishing techniques 
and gear, preservation methods and the industrial processing of fisheries products. 

The Parties shall endeavour, when appropriate, to create conditions favourable to the 
promotion  of  relations  between  their  enterprises  in  the  technical,  economic  and 
commercial spheres, by encouraging the establishment of an environment favourable 
to the development of business and investment.  

The Parties undertake to implement a plan and actions between Mauritian and Union 
operators aimed at promoting fish landing from Union vessels in Mauritius. 

The Parties shall encourage, when appropriate, the setting-up of joint enterprises in 
their  mutual  interest  which  shall  systematically  comply  with  Mauritian  and  Union 
legislation. 

Article 9 – Joint Committee 

1. 

A Joint Committee shall be set up to monitor the application of this Agreement. The 
Joint Committee shall perform the following functions: 

(a)  monitoring  the  performance,  interpretation  and  application  of  this  Agreement 
and,  in  particular,  the  definition  of  the  annual  and  multiannual  programming 
referred to in Article 7(2) and evaluation of its implementation;  

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(b)  providing  the  necessary  liaison  for  matters  of  mutual  interest  relating  to 

fisheries;  

(c) 

(d) 

acting  as  a  forum  for  the  amicable  settlement  of  any  disputes  regarding  the 
interpretation or application of the Agreement;  

reassessing,  where  necessary, 
consequently, of the financial contribution; 

the 

level  of  fishing  opportunities  and, 

(e) 

any other function which the Parties decide on by mutual agreement. 

2. 

3. 

The  Joint  Committee  shall  exercise  its  functions  with  regard  to  the  results  of 
consultation at scientific level referred to in Article 4 of the Agreement. 

The Joint Committee shall meet at least once a year, alternately in Mauritius and in 
the  Union,  and  shall  be  chaired  by  the  Party  hosting  the  meeting.  It  shall  hold  a 
special meeting at the request of either Party. 

Article 10 – Geographical area to which the Agreement applies 

This  Agreement  shall  apply,  on  the  one  hand,  to  the  territories  in  which  the  Treaty 
establishing the European Union applies, under the conditions laid down in that Treaty, and, 
on the other, to the territory of Mauritius. 

Article 11 - Duration 

This Agreement shall apply for six (6) years from the date of its entry into force; it shall be 
tacitly renewed for additional periods of three (3) years, unless notice of termination is given 
in accordance with Article 12. 

Article 12 - Termination 

1. 

2. 

3. 

Application of this Agreement may be terminated by one of the Parties in the event 
of  serious  circumstances,  other  than  natural  phenomena,  which  are  beyond  the 
reasonable control of one of the Parties and are such as to prevent fishing activities in 
Mauritian  waters.  This  Agreement  may  also  be  terminated  by  either  Party  in  the 
event  of  degradation  of  the  stocks  concerned,  the  discovery  of  a  reduced  level  of 
exploitation  of  the  fishing  opportunities  granted  to  Union  vessels,  or  failure  to 
comply  with  undertakings  made  by  the  Parties  with  regard  to  combating  illegal, 
unreported and unregulated fishing. 

The  Party  concerned  shall  notify  the  other  Party  in  writing  of  its  intention  to 
withdraw  from  the  Agreement  at  least  six  months  before  the  date  of  expiry  of  the 
initial period or each additional period.  

Dispatch  of  the  notification  referred  to  in  the  previous  paragraph  shall  open 
consultations by the Parties. 

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4. 

1. 

Payment of the financial contribution referred to in Article 7 for the year in which the 
termination takes effect shall be reduced proportionately and pro rata temporis. 

Article 13 - Suspension 

Application  of  this  Agreement  may  be  suspended  at  the  initiative  of  one  of  the 
Parties in the event of a serious disagreement as to the application of provisions laid 
down in the Agreement. Suspension of application of the Agreement 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. On receipt of this notification, the Parties 
shall enter into consultations with a view to resolving their differences amicably. 

2. 

Payment  of  the  financial  contribution  referred  to  in  Article  7  shall  be  reduced 
proportionately and pro rata temporis, according to the duration of the suspension. 

Article 14 – Protocol and Annex 

The Protocol, the Annex and Appendices hereto shall form an integral part of this Agreement. 

Article 15 – National law 

The  activities  of  Union  vessels  operating  in  Mauritian  waters  shall  be  governed  by  the 
applicable  law  in  Mauritius,  unless  otherwise  provided  in  the  Agreement  or  its  Protocol, 
Annex and Appendices hereto. 

Article 16 - Repeal 

On  the  date  of  its  entry  into  force,  this  Agreement  repeals  and  replaces  the  Agreement 
between the European Union and the Government of the Republic of Mauritius on fishing off 
the coast of Mauritius which entered into force on 1/12/1990. 

Article 17 – Entry into force 

This  Agreement,  drawn  up  in  duplicate  in  the  Bulgarian,  Czech,  Estonian,  Danish,  Dutch, 
English,  Finnish,  French,  German,  Greek,  Hungarian,  Italian,  Latvian,  Lithuanian,  Maltese, 
Polish,  Portuguese,  Romanian,  Slovak,  Slovenian,  Spanish  and  Swedish  languages,  each  of 
these texts being equally authentic.  

It shall enter into force on the date on which the Parties notify each other of the completion of 
the procedures necessary for that purpose. 

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PROTOCOL 

setting out the fishing opportunities and the financial contribution provided for by the 
Fisheries Partnership Agreement between the European Union and the Republic of 
Mauritius 

Article 1 
Period of application and fishing opportunities 

1. 

a. 

b. 

2. 

3. 

1. 

2. 

a. 

b. 

3. 

4. 

5. 

For a period of three (3) years, the fishing opportunities granted under Article 5 of 
the Fisheries Partnership Agreement shall be as follows: 

Highly  migratory  species  (species  listed  in  Annexe  1  to  the  1982  United  Nations 
Convention on the Law of the Sea) 

41 ocean-going tuna seiners, and 

45 surface long liners. 

Paragraph 1 of Article 1 shall apply subject to Articles 5 and 6 of this Protocol. 

Under  Article  6  of  the  Fisheries  Partnership  Agreement,  and  Article  7  of  this 
Protocol,  vessels  flying  the  flag  of  a  Member  State  of  the  European  Union  may 
engage  in  fishing  activities  in  Mauritius’  waters  only  if  they  are  in  possession  of  a 
fishing authorisation issued under this Protocol in accordance with the Annex hereto. 

Article 2 
Financial contribution - Methods of payment  

For the period referred to in Article 1, the total financial contribution referred to in 
Article  7  of  the  Fisheries  Partnership  Agreement  shall  be  EUR  1  980  000  for  the 
whole duration of this Protocol. 

This total financial contribution shall comprise: 

an  annual  amount  for  access  to  Mauritius’  waters  of  EUR 357  500  equivalent  to  a 
reference tonnage of 5 500 tonnes per year, and  

a  specific  amount  of  EUR  302  500  per  year  for  the support and implementation of 
Mauritian sectoral fisheries policy and maritime policy.  

Paragraph 1 of Article 2 shall apply subject to Articles 3, 4, 5, and 6 of this Protocol.  

The European Union shall pay the total amount referred in paragraph 2 (a) and 2 (b) 
of Article 2 (i.e. EUR 660 000 per year) each year during the period of application of 
this  Protocol.  Payment  shall  be  made  no  later  than  sixty  (60)  days  after  this 
Protocol’s entry into force for the first year, and no later than the anniversary date of 
this Protocol for the following years. 

If  the  overall  quantity  of  catches  of  tuna  by  European  Union  vessels  in  Mauritius' 
waters exceeds 5 500 tonnes per year, the amount of the annual financial contribution 

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for  access  rights  shall  be  increased  by  EUR  65  for  each  additional  tonne  caught. 
However, the total annual amount paid by the European Union shall not be more than 
twice the amount indicated in paragraph 2 (a) of Article 2 (EUR 715 000). Where the 
quantities  caught  by  European  Union  vessels  in  the  Mauritius'  waters  exceed  the 
quantities  corresponding  to  twice  the  total  annual  amount,  the  amount  due  for  the 
quantity  exceeding  that  limit  shall  be  paid  the  following  year  in  line  with  the 
provisions of the Annex.  

Mauritius  shall  have  full  discretion  regarding  the  use  of  the  financial  contribution 
specified in paragraph 2 (a) of Article 2. 

The  financial  contribution  shall  be  paid  into  a  single  Public  Treasury  account  in 
Mauritius opened with the Central Bank of Mauritius. The account number shall be 
provided by the Mauritius authorities. 

Article 3 
Promoting responsible fishing and sustainable fisheries in Mauritius' waters 

As  soon  as  this  Protocol  enters  into  force  and  no  later  than  three  months  after  that 
date,  the  European  Union  and  Mauritius  shall  agree,  within  the  Joint  Committee 
provided  for  in  Article  9  of  the  Fisheries  Partnership  Agreement,  on  a  multiannual 
sectoral programme and detailed implementing rules covering, in particular: 

annual  and  multiannual  guidelines  for  using  the  specific  amount  of  the  financial 
contribution referred to in paragraph 2 (b) of Article 2;  

the  objectives,  both  annual  and  multiannual,  to  be  achieved  with  a  view  to 
introducing, over time, responsible fishing and sustainable fisheries, taking account 
of the priorities expressed by Mauritius in its national fisheries and maritime policy, 
and  other  policies  relating  to  or  having  an  impact  on  the  promotion  of  responsible 
fishing and sustainable fisheries, including marine protected areas; 

criteria and procedures for evaluating the results obtained each year. 

Any proposed amendments to the multiannual sectoral programme shall be approved 
by both Parties within the Joint Committee. 

Each year, Mauritius may allocate, if necessary, an additional amount to the financial 
contribution referred to in paragraph 2 (b) of Article 2 with a view to implementing 
the multiannual programme. This allocation shall be notified to the European Union. 

Article 4 
Scientific cooperation on responsible fishing 

The two Parties hereby undertake to promote responsible fishing in Mauritius' waters 
based  on  the  principle  of  non-discrimination  between  the  different  fleets  fishing  in 
those waters. 

During  the  period  covered  by  this  Protocol,  the  European  Union  and  Mauritius  shall 
endeavour to monitor the state of fishery resources in the Mauritius' waters. 

6. 

7. 

1. 

(a) 

(b) 

(c) 

2. 

3. 

1. 

2. 

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3. 

4. 

1. 

2. 

3. 

1. 

2. 

3. 

4. 

Both Parties shall endeavour to respect the resolutions, recommendations and, when 
appropriate,  the  relevant  management  plans  adopted  by  the  Indian  Ocean  Tuna 
Commission  (IOTC)  regarding  conservation  and  responsible  management  of 
fisheries.  

Based on the recommendations and resolutions taken within the IOTC and the best 
available  scientific  advice  and,  where  appropriate,  the  results  of  the  joint  scientific 
meeting  provided  for  by  Article  4  of  the  Fisheries  Partnership  Agreement,  the  two 
Parties may consult each other within the Joint Committee provided for in Article 9 
of the Fisheries Partnership Agreement and, where necessary, agree on the measures 
to ensure sustainable management of Mauritius’ fisheries resources. 

Article 5 
Adjustment of fishing opportunities by mutual agreement 

The  fishing  opportunities  referred  to  in  Article  1  may  be  adjusted  by  mutual 
agreement insofar as the recommendations and resolutions of IOTC support that such 
an adjustment will secure the sustainable management of tuna and tuna-like species 
in the Indian Ocean. 

In this case the financial contribution referred to in paragraph 2 (a) of Article 2 shall 
be adjusted proportionately and pro rata temporis. However, the total annual amount 
paid  by  the  European  Union  shall  not  be  more  than  twice  the  figure  indicated  in 
paragraph 2 (a) of Article 2,  

Both  Parties  shall  notify  each  other  in  writing  of  any  changes  in  their  respective 
fisheries policies and legislations. 

Article 6 
New fishing opportunities 

In  the  event  that  European  Union  fishing  vessels  become  interested  in  engaging  in 
fisheries  not  provided  for  in  Article  1  of  the  Fisheries  Partnership  Agreement,  the 
Parties shall consult each other before any possible authorisation is granted for any 
such  activities  and,  where  appropriate,  agree  on  the  conditions  for  such  fishing 
including  effecting  corresponding  amendments  to  this  Protocol  and  the  Annex 
thereto. 

The  Parties  should  encourage  experimental  fishing,  especially  relating  to  under 
exploited  deep  water  species,  present  in  Mauritius'  waters.  To  this  end,  and  at  the 
request of one Party, the Parties shall consult each other with a view to determining 
on a case to case basis, the species, conditions and other relevant parameters. 

The Parties shall carry out experimental fishing in accordance with parameters that 
will  be  agreed  by  both  Parties  in  an  administrative  arrangement  where  appropriate. 
The authorisations for experimental fishing should be agreed for a maximum period 
of 6 months. 

In  the  event  that  the  Parties  consider  that  experimental  campaigns  have  given 
positive results, the Government of Mauritius may allocate fishing possibilities of the 
new  species  to  the  European  Union  fleet  until  the  expiration  of  this  Protocol.  The 

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financial  compensation  mentioned  in  paragraph  2  (a)  of  Article  2  of  this  Protocol 
shall consequently be increased. Ship-owners' fees and conditions as provided for in 
the Annex shall be amended accordingly. 

Article 7 
Conditions governing fishing activities — Exclusivity clause 

Without  prejudice  to  Article  6  of  the  Fisheries  Partnership  agreement,  European  Union's 
vessels  may  fish  in  Mauritius’  waters  only  if  they  are  in  possession  of  a  valid  fishing 
authorisation issued by Mauritius under this Protocol and the Annex hereto. 

Article 8 
Suspension and review of the payment of the financial contribution 

1. 

a) 

b) 

c) 

2. 

3. 

1. 

a) 

Notwithstanding  the  provisions  laid  out  in  Article  9  of  this  Protocol,  the  financial 
contribution referred to in paragraphs 2 (a) and (b) of Article 2 shall be reviewed or 
suspended  after  consultation  between  the  two  Parties  provided  that  the  European 
Union has paid in full any amounts due at the time of suspension:  

if exceptional circumstances, other than natural phenomena, prevent fishing activities 
in Mauritius’ waters; 

following  significant  changes  in  the  policy  guidelines  of  either  one  of  the  Parties 
affecting the relevant provisions of this Protocol;  

if the European Union ascertains a breach of essential and fundamental elements on 
human rights as laid out by Article 9 of the Cotonou Agreement and following the 
procedure set out in Articles 8 and 96 thereof. In this case, all fishing activities of the 
EU vessels shall be suspended. 

The European Union reserves the right to suspend, totally or partially, the payment of 
the  specific  contribution  provided  for  in  paragraph  2  (b)  of  Article  2,  where  the 
results of the sectoral policy support obtained are found to be materially inconsistent 
with 
the  evaluation  carried  out  and 
consultations within the Joint Committee as provided by Article 3 of this Protocol. 

the  budgeted  programming  following 

Payment  of  the  financial  contribution  and  fishing  activities  may  resume  once  the 
situation  has  returned  to  the  status  prior  to  the  occurrence  of  the  above  mentioned 
circumstances and if the two Parties agree to do so following consultation. 

Article 9 
Suspension of the implementation of the Protocol 

Implementation of this Protocol shall be suspended at the initiative of either one of 
the Parties subject to consultations between and agreement of the Parties within the 
Joint Committee provided for in Article 9 of the Agreement: 

if exceptional circumstances, other than natural phenomena, prevent fishing activities 
in Mauritius’ waters; 

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b) 

c) 

d) 

e) 

f) 

g) 

2. 

3. 

1. 

2. 

in case the European Union fails to make the payments provided for in paragraph 2 
(a) of Article 2, for reasons not covered by Article 8 of this Protocol; 

where a dispute arises between the Parties over the interpretation and implementation 
of this Protocol and its Annex which cannot be settled; 

if either one of the Parties does not respect the provisions laid out by this Protocol 
and its Annex; 

following  significant  changes  in  the  policy  guidelines  of  either  one  of  the  Parties 
affecting the relevant provisions of this Protocol; 

if either one of the Parties ascertains a breach of essential and fundamental elements 
on human rights as laid out by Article 9 of the Cotonou Agreement, and following 
the procedure set out in Articles 8 and 96 thereof. 

in case of non compliance with the International Labour Organisation Declaration on 
Fundamental Principles and Rights at Work as provided in Article 3, paragraph 5 of 
the Fisheries Partnership Agreement. 

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

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

Article 10 
National law 

The activities of European Union fishing vessels in Mauritius' waters are subject to 
the laws and regulations of Mauritius unless otherwise provided under this Protocol 
and the Annex thereof. 

The authorities of Mauritius shall inform the European Commission of any changes 
or new legislation regarding the fishery policy. 

Article 11 
Confidentiality 

The  Parties  shall  ensure  that,  at  any  time,  all  data  relating  to  EU  vessels  and  their  fishing 
activities  in  the  Mauritius'  waters  will  be  treated  as  confidential.  These  data  are  used 
exclusively  for  the  implementation  of  the  Agreement  and  for  the  purposes  of  fisheries 
management, monitoring, control and surveillance with the relevant competent authorities. 

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Article 12 
Electronic exchanges of data 

Mauritius and the European Union will undertake to implement the necessary systems for the 
electronic  exchange  of  all  information  and  documents  related  to  the  implementation  of  the 
Agreement. The electronic form of a document at any point will be considered equivalent to 
the paper version. 

Both  Parties  will  immediately  notify  any  disruption  of  a  computer  system  impeding  such 
exchanges.  In 
the 
implementation of the Agreement shall be automatically replaced by their paper version in the 
manner defined in the Annex. 

information  and  documents  related 

those  circumstances, 

the 

to 

Article 13 

Duration 

This Protocol and the Annex thereto shall apply for a period of three (3) years from its entry 
into force, unless notice of termination is given in accordance with Article 14. 

Article 14 
Termination 

1. 

2. 

In the event of termination of this Protocol, the Party concerned shall notify the other 
Party in writing of its intention to terminate it at least six months before the date on 
which such termination should take effect. 

Dispatch  of  the  notification  referred  to  in  the  previous  paragraph  shall  open 
consultations by the Parties. 

Article 15 
Entry into force 

This  Protocol  with  its  Annex  shall  enter  into  force  on  the  date  on  which  the  Parties  notify 
each other of the completion of the procedures necessary for that purpose. 

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ANNEX  

CONDITIONS FOR THE EXERCISE OF FISHING ACTIVITIES BY EUROPEAN 
UNION VESSELS IN MAURITIUS WATERS 

CHAPTER I 

General provisions 

1. 

Designation of competent authority 

For  the  purposes  of  this  Annex  and  notwithstanding  any  indication  to  the  contrary,  any 
reference to the European Union (EU) or to Mauritius as a competent authority shall mean: 

–  For  the  EU:  the  European  Commission,  where  applicable  via  the  EU  delegation  in 

Mauritius; 

–  For Mauritius: the Ministry of Fisheries. 

2. 

Mauritius' waters  

All  the  provisions  of  the  Protocol  and  its  annexes  apply  exclusively  to  Mauritius'  waters  as 
indicated in Appendix 2. 

3. 

Bank account 

Mauritius shall notify the EU before the entry into force of the Protocol of the details of the 
bank  account(s)  into  which  the  financial  sums  payable  by  EU  vessels  under  the  Agreement 
should be paid. The inherent costs linked to bank transfers shall be borne by ship-owners. 

CHAPTER II 

Tuna fishing authorisations 

1. 

Condition for obtaining a tuna fishing authorisation – eligible vessels 

The tuna fishing authorisations referred to in Article 6 of the Agreement shall be issued on the 
condition  that  the  vessel  is  included  in  the  EU  register  of  fishing  vessels  in  the  list  of 
authorized fishing vessels of the IOTC and that all previous obligations of the ship-owner, the 
master, or the vessel itself arising out of fishing activities in Mauritius under the Agreement 
and the Mauritian fisheries legislation have been met. 

2. 

Application for a fishing authorisation 

The EU shall submit to Mauritius an application for a fishing authorisation in respect of any 
vessel wishing to fish under the Agreement at least twenty-five (25) working days before the 
start of the period of validity requested using the form attached to this Annex as Appendix 1. 
The application must be typed or legibly written in block capitals. 

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For each initial application for a fishing authorisation on the basis of the Protocol in force, or 
following  a  technical  change  to  the  vessel  concerned,  the  application  shall  be  accompanied 
by: 

i. 

the  proof  of  payment  of  the  advance  payment  fee  for  the  period  of  validity  of  the 
fishing authorisation requested; 

ii. 

the name, address and contact of: 

• 

• 

The owner of the fishing vessel; 

The operator of the fishing vessel; 

iii. 

iv 

v. 

a recent colour photograph of the vessel, showing a lateral view, and at least 15 cm x 
10 cm in size; 

the seaworthiness certificate of the vessel; 

the registration certificate of the vessel; 

vi. 

the contact details of the fishing vessel (fax, e-mail, etc.). 

For renewal of a fishing authorisation under the Protocol in force for a vessel whose technical 
specifications have not been modified, the renewal application shall only be accompanied by 
proof of payment of the fee. 

3. 

Advance payment fee 

The amount of the advance payment fee is set on the basis of the annual rate specified in the 
technical sheets included in Appendix 2 to this Annex. It shall include all local and national 
taxes with the exception of port taxes, landing taxes, transhipment taxes and charges for the 
provision of services. 

4. 

Provisional list of vessels authorised to fish 

Once it has received the fishing authorisation applications, the national body responsible for 
supervising  fishing  activities  shall  immediately  draw  up,  for  each  category  of  vessel,  the 
provisional  list  of  applicant  vessels.  This  list  shall  be  sent  without  delay  to  the  EU  by  the 
Mauritius competent authority.  

The  EU  shall  forward  the  provisional  list  to  the  ship-owner  or  to  the  consignee.  If  the  EU 
offices are closed, Mauritius may send the provisional list directly to the ship-owner or their 
consignee with a copy to the EU Delegation in Mauritius. 

5. 

Issue of fishing authorisation 

Fishing authorisations for all vessels shall be issued to ship-owners or their consignee within 
twenty (20) working days of receiving the full application by the competent authority. A copy 
of this fishing authorisation shall be sent immediately to the EU Delegation in Mauritius. 

6. 

List of vessels authorised to fish 

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Once the fishing authorisation is issued, the national body responsible for supervising fishing 
activities shall draw up immediately for each category of vessel the final list of vessels which 
are authorised to  fish  in  the  Mauritius waters. This list shall be sent immediately  to  the EU 
and shall replace the provisional list mentioned above. 

7. 

Period of validity of the fishing authorisation 

Fishing authorisations shall be valid for one year and be renewable. 

In order to establish the start of the period of validity, annual period shall mean: 

i. 

ii. 

iii. 

for  the  first  year  of  application  of  the  Protocol,  the  period  between  the  date  of  its 
entry into force and 31 December of the same year; 

then, each complete calendar year; 

for the last year of application of the Protocol, the period between 1 January and the 
date of expiry of the Protocol. 

For the first and for the last year of the Protocol the advance payment fee should be 
calculated on the prorata temporis basis. 

8. 

Documents to be carried onboard  

While in Mauritius waters or in Mauritius port, the following documents must be carried on 
board fishing vessel at all times: 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

9. 

the fishing authorization; 

documents  issued  by  a  competent  authority  of  the  flag  state  of  such  fishing  vessel, 
showing: 

- the number under which the fishing vessel is registered,  

- the vessel certificate of registry; 

up-to-date certified drawings or descriptions of the layout of the fishing vessel and in 
particular, the number of fish holds of the fishing vessels, with the storage capacity 
expressed in cubic metres; 

if any modification was made to the characteristics of the fishing vessel with respect 
to its length overall, its gross registered tonnage, the horsepower of its main engine 
or engines or its hold capacity, a certificate, certified by a competent authority of the 
flag state of the fishing vessel, describing the nature of such modification; 

if  the  fishing  vessel  is  equipped  with  chilled  or  refrigerated  sea-water  tanks,  a 
document certified by a competent authority of the flag state of the vessel indicating 
the calibration of the tanks in cubic metres; 

a copy of Mauritius Fisheries and Marine Ressources Act 2007  

Transfer of fishing authorisation 

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The fishing authorisation shall be issued for a given vessel and shall not be transferable. 

However,  where  force  majeure  is  proven,  at  the  request  of  the  EU,  a  vessel  fishing 
authorisation may be replaced by a new authorisation, issued for another similar vessel or a 
substitute vessel, without payment of a new advance payment. In such case, the statement of 
fees for freezer tuna seiners and surface long liners in Chapter IV shall take into account the 
total catch of the two vessels in Mauritius' waters.  

The transfer shall involve the fishing authorisation to be replaced being returned by the ship-
owner  or  its  consignee  in  Mauritius  and  the  immediate  drawing  up  by  Mauritius  of  the 
replacement authorisation as soon as possible. The replacement authorisation shall be issued 
without further delay to the ship-owner or its consignee when the authorisation to be replaced 
is  returned.  The  replacement  authorisation  shall  take  effect  on  the  day  on  which  the 
authorisation to be replaced is returned. 

Mauritius shall update the list of vessels authorised to fish as soon as possible. The new list 
shall be sent without delay to the national body responsible for supervising fishing, and to the 
EU. 

CHAPTER III 

Technical measures 

Technical  measures  applicable  to  the  vessels  holding  a  fishing  authorisation,  relating  to 
Mauritius waters, fishing gear and additional catch, shall be defined for each fishing category 
in the technical sheets contained in Appendix 2 to this Annex.  

The vessels shall respect the fisheries legislation of Mauritius and all the resolutions adopted 
by the IOTC (Indian Ocean Tuna Commission). 

CHAPTER IV 

Catch reporting 

1. 

Definition of the fishing trip  

For the purposes of this Annex, the duration of a fishing trip by a EU vessel shall be defined 
as follows: 

- the period elapsing between entering and leaving Mauritius's waters, or 

- the period elapsing between entering Mauritius's waters and a transhipment in port and/or a 
landing in Mauritius. 

2. 

Fishing logbook 

The master of an EU vessel fishing under the Agreement shall keep an IOTC fishing logbook, 
for which the model for each category of fishing is included in Appendix 3 of this Annex. 

The  fishing  logbook  must  comply  with  IOTC  resolution  08/04  for  longliners  and  resolution 
10/03 for purse seiners. 

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The  fishing  logbook  shall  be  completed  by  the  master  for  each  day  the  vessel  is  present  in 
Mauritius’ waters. 

Each day the master shall record in the fishing logbook the quantity of each species, identified 
by  its  code  alpha  3  of  the  FAO,  caught  and  kept  on  board,  expressed  in  kilograms  of  live 
weight or, where necessary, the number of individual fish. For each main species, the master 
shall also mention the by- catch. 

The  fishing  logbook  shall  be  filled  in  legibly,  in  block  capitals,  and  shall  be  signed  by  the 
master. 

The master shall be responsible for the accuracy of the data recorded in the fishing logbook. 

3. 

Catch reporting 

The master shall notify the vessel's catch by submitting to Mauritius its fishing logbooks for 
the period of its presence in the Mauritius waters.  

The fishing logbooks shall be transmitted in one of the following ways:  

i. 

ii. 

a. 

b. 

c. 

when passing through a port of Mauritius, the original of each fishing logbook shall 
be  submitted  to  the  local  representative  of  Mauritius,  who  shall  confirm  receipt 
thereof  in  writing;  copy  of  the  logbook  shall  be  handed  over  to  the  Mauritius 
inspection team; 

when  leaving  the  Mauritius'  waters  without  first  passing  through  a  Mauritian  port, 
the  original  of  each  fishing  logbook  shall  be  sent  within  a  period  of  seven  (7) 
working days after arrival in any other port, and in any case within a period of fifteen 
(15) working days after leaving the Mauritius' waters;  

by  e-mail,  to  the  e-mail  address  given  by  the  national  body  supervising  fishing 
activities; or 

by fax, to the number given by the national body supervising fishing activities; or 

by letter sent to the national body supervising fishing activities; 

The  master  shall  send  a  copy  of  all  the  fishing  logbooks  to  the  EU  and  the  competent 
authority  of  the  flag  State.  For  tuna-fishing  vessels  and  surface  longliners,  the  master  shall 
also send a copy of all the fishing logbooks to one of the following scientific institutes: 

i. 

ii. 

Institut de recherche pour le développement (IRD); 

Instituto Español de Oceanografía (IEO); 

iii. 

IPIMAR (Instituto Português de Investigação Maritima); 

The return of the vessel into the waters of Mauritius within the period of validity of its fishing 
authorisation shall give rise to further catch reporting.  

Where the provisions concerning catch reporting are not observed, Mauritius may suspend the 
fishing  authorisation  of  the  vessel  concerned  until  the  missing  catch  report  is  obtained  and 

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take any action against the ship-owner in accordance with the relevant provisions under the 
national  legislation  in  force.  If  the  offence  is  repeated,  Mauritius  may  refuse  to  renew  the 
fishing authorisation. Mauritius shall inform the EU immediately of any sanction applied in 
this context. 

4. 

Final statement of fees for the tuna-fishing vessels and surface long liners 

For each ocean-going tuna seiner and surface long liner, the EU shall draw up, on the basis of 
its  catch  reporting  confirmed  by  the  above  scientific  institutes,  a  final  statement  of  the  fees 
owed by the vessel in respect of its annual season for the previous calendar year.  

The EU shall send this final statement to Mauritius and to the ship-owner before 31 July of 
the year in progress. Mauritius may contest the final statement, on the basis of documentary 
proof,  within  thirty  (30)  working  days  of  its  being  sent.  In  the  case  of  disagreement,  the 
Parties  shall  consult  each  other  in  the  Joint  Committee.  If  Mauritius  does  not  object  within 
thirty (30) working days, the final statement shall be considered to be adopted. 

Where  the  final  statement  is  greater  than  the  above-mentionned  (point  3  of  Chapter  II) 
advance  payment  fee  paid  to  obtain  the  fishing  authorisation,  the  ship-owner  shall  pay  the 
outstanding  balance  to  Mauritius  by  30  September  of  the  year  in  progress.  Where  the  final 
statement is less than the expected flat-rate fee, the remaining amount shall not be reclaimed 
by the ship-owner. 

CHAPTER V 

Landings and transhipments 

Transhipment at sea are prohibited. All transhipment operations in port are monitored under 
the presence of Mauritian fishing inspectors. 

The master of an EU vessel wishing to land or to tranship must notify Mauritius, at least 72 
hours before landing or transhipment, of the following: 

a. 

b. 

c. 

d. 

the  name  of  the  fishing  vessel  which  must  land  or  tranship  and  its  number  in  the 
IOTC record of fishing vessels;  

the port of landing or transhipment; 

the date and time scheduled for the landing or transhipment;  

the  quantity  (expressed  in  kilograms  of  live  weight  or,  if  necessary,  the  number  of 
individual  fish)  of  each  species  to  be  landed  or  transhipped  (identified  by  its  FAO 
alpha 3 code); 

e. 

in the case of transhipment, the name of the receiving vessel; 

For the receiving vessels, not later than 24 hours before the beginning and at the end of the 
transhipment, the master of the receiving carrier vessel shall inform the Mauritian authorities 
of  the  quantities  of  tuna  and  tuna-like  species  transhipped  to  his  vessel  and  complete  and 
transmit the transhipment declaration to the Mauritian authority within 24 hours. 

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The  transhipment  operation  is  subject  to  a  prior  authorisation  delivered  by  Mauritius  to  the 
captain  or  its  consignee  within  24  hours  after  the  above  mentioned  notification.  The 
transhipment operation must be carried out in a Mauritian port authorised for this purpose. 

The designated fishing port where transhipment operations are permitted in Mauritius is Port 
Louis  (port  declared  to  the  IOTC  under  resolution  10/11  and  as  per  Port  State  Measures 
requirements). 

Non-compliance with these provisions shall lead to the application of the relevant sanctions 
provided for under the legislation of Mauritius. 

CHAPTER VI 

Control 

1. 

Entering and leaving Mauritius' waters 

Any  entry  into  or  departure  from  the  Mauritius  waters  of  an  EU  vessel  holding  a  fishing 
authorisation must be notified to Mauritius within 24 hours prior to entry or exit. 

When notifying its entry or exit, the vessel shall notify in particular:  

i. 

ii. 

iii. 

the date, time and point of passage scheduled; 

the  quantity  of  each  target  species  held  on  board,  as  identified  by  its  FAO  alpha  3 
code  and  expressed  in  kilograms  of  live  weight  or,  if  necessary,  the  number  of 
individual fish; 

The  quantity  of  each  by-catch  species  as  identified  by  its  FAO  alpha  3-code  and 
expressed  in kilograms of its live weight or, if necessary, the number of individual 
fish.   

Notification shall be given preferably by e-mail or, failing that, by fax, to an e-mail address or 
a telephone number or a fax number communicated by Mauritius, using the form attached to 
the  Annex  as  Appendix  4.  Mauritius  shall  confirm  receipt  thereof  immediately  by  return  e-
mail or fax. 

Mauritius shall immediately inform the vessels concerned and the EU of any change to the e-
mail address, telephone number or transmission frequency. 

Any vessel found to be fishing in the Mauritius waters without having previously notified its 
presence shall be considered to be an unauthorized fishing vessel. 

Any person infringing this provision shall be liable to the penalties and sanctions provided for 
in the Fisheries and Marine ressources Act 2007.  

The entry/exit catch reports must be kept onboard at least for one year from the date of the 
report transmission.  

2. 

Periodic catch report  

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When an EU vessel is operating in Mauritius waters, the captain of an EU vessel holding a 
fishing authorization must notify the Mauritius Authority every three (3) days with the catch 
made in Mauritius waters. The first catch declaration will start three (3) days after the date of 
entry in Mauritius waters. 

Every  three  (3)  days  when  notifying  its  periodic  catch  report,  the  vessel  shall  notify  in 
particular: 

i. 

the date, time and position on reporting; 

ii. 
the quantity of each target species caught and held on board during the three (3) days 
period, as identified by its FAO alpha 3 code and expressed in kilograms of live weight or, if 
necessary, the number of individual fish; 

iii. 
the quantity of each by-catch species during the three (3) days period, as identified by 
its FAO alpha 3 code and expressed in kilograms of live weight or, if necessary, the number 
of individual fish; 

iv. 

product presentation; 

v. 

For tuna Purse seine fishing vessels: 

- number of successful sets on FAD since last report; 

- number of successful sets on free school since last report; 

- number of unsuccessful sets. 

vi. 

For tuna Long line fishing vessels: 

- number of sets since last report; 

- number of hooks deployed since last report. 

Notification shall be given preferably by e-mail or, by fax, to an e-mail address or a telephone 
number  communicated  by  Mauritius,  using  the  form  attached  to  the  Annex  as  Appendix  5. 
Mauritius shall immediately inform the vessels concerned and the EU of any change to the e-
mail address, telephone number or transmission frequency. 

Any  vessel  found  to  be  fishing  in  the  Mauritius  waters  without  having  notified  its  three  (3) 
days  periodic  catch  report  shall  be  considered  to  be  an  unauthorized  fishing  vessel.  Any 
person infringing this provision shall be liable to the penalties and sanctions provided for in 
the Fisheries and Marine ressources Act 2007. 

The  periodic  catch  reports  must  be  kept  on  board  at  least  one  (1)  year  from  the  date  of  the 
report transmission. 

3. 

Inspection at sea 

The inspection at sea in Mauritius’ waters of EU vessels holding a fishing authorisation shall 
be  carried  out  by  vessels  and  inspectors  of  Mauritius  who  are  clearly  identified  as  being 
assigned to carry out fishing checks.  

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Before going on board, the authorised inspectors shall warn the EU vessel of their decision to 
carry out an inspection. The inspection shall be carried out by fisheries inspectors, who must 
provide  proof  of  their  identity  and  official  position  as  an  inspector  before  carrying  out  the 
inspection.  

The  authorised  inspectors  shall  only  stay  on  board  the  EU  vessel  for  the  time  necessary  to 
carry  out  tasks  linked  to  the  inspection.  They  shall  carry  out  the  inspection  in  a  way  which 
minimises the impact on the vessel, its fishing activity and cargo. 

At  the  end  of  each  inspection,  the  authorised  inspectors  shall  draw  up  an  inspection  report. 
The master of the EU vessel shall have the right to make comments in the inspection report. 
The inspection report shall be signed by the inspector drawing up the report and the master of 
the EU vessel. 

The authorised inspectors shall give a copy of the inspection report to the master of the EU 
vessel  before  leaving  the  vessel.  In  case  of  infringement,  a  copy  of  the  notification  of  the 
infringement shall be transmitted also to the EU as provided in chapter VIII.  

4. 

Inspection in port in case of landing and transhipment 

The inspection in a port of Mauritius of EU vessels which land or tranship their catch from 
the Mauritius’ waters shall be carried out by Mauritian inspectors who are clearly identified as 
being assigned to carry out fishing checks.  

Inspectors  must  provide  proof  of  their  identity  and  official  position  as  an  inspector  before 
carrying out the inspection. The Mauritian inspectors shall only stay on board the EU vessel 
for  the  time  necessary  to  carry  out  the  tasks  related  to  the  inspection  and  shall  conduct  the 
inspection in such a way as to minimise the impact on the vessel, the landing or transhipment 
operation and the cargo. 

At the end of each inspection, the inspectors shall draw up an inspection report. The master of 
the EU vessel has the right to include his comments in the inspection report. The inspection 
report shall be signed by the inspector drawing up the report and the master of the EU vessel. 

The Mauritian inspectors shall give a copy of the inspection report to the  master  of  the  EU 
vessel at the end of the inspection. 

CHAPTER VII 

Satellite monitoring system (VMS) 

1. 

Vessel position messages – VMS system 

EU  vessels  holding  a  fishing  authorisation  must  be  equipped  with  a  satellite  monitoring 
system  (Vessel  Monitoring  System  –  VMS) 
to  enable  automatic  and  continuous 
communication  of  their  position,  every  one  hour,  to  the  fishing  control  centre  (Fisheries 
Monitoring Centre – FMC) of their flag state.  

Each position message must contain : 

a. 

the vessel identification; 

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b. 

c. 

d. 

the  most  recent  geographical  position  of  the  vessel  (longitude,  latitude),  with  a 
position error of less than 500 metres, and with a confidence interval of 99%;  

the date and time the position is recorded; 

the speed and the course of the vessel; 

Each  position  message  must  be  configured  in  accordance  with  the  format  included  in 
Appendix 4 to this Annex. 

The  first  position  recorded  after  entry  into  the  Mauritius’  waters  shall  be  identified  by  the 
code 'ENT'. All subsequent positions shall be identified by the code 'POS', with the exception 
of  the  first  position  recorded  after  departure  from  the  Mauritius’  waters,  which  shall  be 
identified by the code 'EXI'. The FMC of the flag state shall ensure the automatic processing 
and, if necessary, the electronic transmission of the position messages. The position messages 
shall be recorded in a secure manner and kept for a period of three years. 

2. 

Transmission by the vessel in the event of breakdown of the VMS system 

The master shall ensure at all times that the VMS system of his vessel is fully operational and 
that the position messages are correctly transmitted to the FMC of the flag state.  

The  EU  vessels  with  defective  VMS  systems  are  not  authorized  to  enter  in  the  Mauritius’ 
waters. When already operating in the Mauritius’ waters, in the event of breakdown, the VMS 
system  of  the  vessel  shall  be  repaired  at  the  end  of  the  trip  or  replaced  within  fifteen  (15) 
working  days.  After  that  period,  the  vessel  shall  no  longer  be  authorised  to  fish  in  the 
Mauritius’ waters..  

Vessels  fishing  in  the  Mauritius’  waters  with  a  defective  VMS  system  must  communicate 
their position messages by e-mail or fax to the FMC of the flag state and of Mauritius, at least 
every two hours, and must provide all the compulsory information. 

3. 

Secure communication of the position messages to Mauritius 

The  FMC  of  the  flag  state  shall  automatically  send  the  position  messages  of  the  vessels 
concerned to the FMC of Mauritius. The FMC of the flag state and Mauritius shall exchange 
their  contact  e-mail  addresses  and  inform  each  other  without  delay  of  any  change  to  these 
addresses. 

The transmission of position messages between the FMCs of the flag state and Mauritius shall 
be carried out electronically using a secure communication system. 

The FMC of Mauritius shall inform the FMC of the flag state and the EU of any interruption 
in  the  receiving  of  consecutive  position  messages  from  a  vessel  holding  a  fishing 
authorisation,  where  the  vessel  concerned  has  not  notified  its  departure  from  Mauritius' 
waters.  

4. 

Malfunction of the communication system 

Mauritius shall ensure the compatibility of its electronic equipment with that of the FMC of 
the  flag  state  and  inform  the  EU  immediately  of  any  malfunction  as  regards  the 

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communication and receiving of position messages with a view to finding a technical solution 
as soon as possible. The Joint Committee shall deal with any possible dispute arising.  

The master shall be considered to be responsible for any proven manipulation of the vessel’s 
VMS  system  aimed  at  disturbing  its  operation  or  falsifying  its  position  messages.  Any 
infringement shall be subject to the penalties provided for by Mauritian legislation in force. 

5. 

Revision of the frequency of position messages 

On the basis of documentary evidence proving an infringement, Mauritius may ask the FMC 
of the flag state, copying in the EU, to reduce the interval for sending position messages from 
a vessel to every thirty minutes for a set period of investigation. This documentary evidence 
must be sent by Mauritius to the FMC of the flag state and the EU. The FMC of the flag state 
shall immediately send the position messages to Mauritius at the new frequency.  

The FMC of Mauritius shall then immediately notify the Control Centre of the flag State and 
the European Commission of the end of the inspection procedure; 

At the end of the set investigation period, Mauritius shall inform the FMC of the flag state and 
the EU of any monitoring which is required. 

CHAPTER VIII  

Infringements 

Failure  to  observe  any  of  the  rules  and  provisions  of  the  Protocol  the  management  and 
conservation  of  living  resources  measures  or  Mauritius  fisheries  legislation  Mauritius 
fisheries legislation may be penalized by fines, suspension, revocation or non-renewal of the 
vessel's fishing authorization. 

1. 

Treatment of infringements 

Any  infringement  committed  in  the  Mauritius’  waters  by  an  EU  vessel  holding  a  fishing 
authorisation  in  accordance  with  the  provisions  of  this  Annex  must  be  mentioned  in  an 
(inspection) report. 

In case of an inspection on board, the signature of the inspection report by the master shall be 
without prejudice to the ship owner's right of defence in respect of an infringement. Where the 
master refuses to sign the inspection report, he shall write in the inspection report the reasons 
of his refusal with the mention "refusal to sign". 

For  any  infringement  committed  in  Mauritius’  waters  by  an  EU  vessel  holding  a  fishing 
authorization the notification of the infringement defined and the relevant sanctions imposed 
on the captain or the fishing company shall be sent directly to the shipowners following the 
procedures set in the Mauritius Fisheries Law. A copy of the notification shall be sent to the 
flag state of the vessel and to the EU within 72 hours. 

2. 

Detention of a vessel 

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Where permitted under the Mauritius fisheries legislation regarding the infringement, any EU 
vessel  having  committed  an  infringement  may  be  forced  to  cease  its  fishing  activity  and, 
where the vessel is at sea, to return to a Mauritian port. 

Mauritius  shall  notify  the  EU  within  24  hours  of  any  detention  of  an  EU  vessel  holding  a 
fishing authorisation. The notification will provide the reasons of the arrest and/or detention.  

Before  taking  any  measure  against  the  vessel,  the  master,  the  crew  or  the  cargo,  with  the 
exception  of  measures  aimed  at  protecting  evidence,  Mauritius  shall  designate  an 
investigating  officer  and  organise,  at  the  request  of  the  EU,  within  one  working  day  of 
notification of the detention of the vessel, an information meeting to clarify the facts which 
have  led  to  the  vessel  being  detained  and  to  explain  what  further  action  may  be  taken.  A 
representative of the flag state and of the ship-owner of the vessel may attend this information 
meeting.  

3. 

Penalties for infringements - Compromise procedure 

The penalty for the infringement shall be as provided in the Mauritius legislation in force . 

In the event that the ship-owner does not accept the fines, a compromise procedure prior to 
launching the legal procedures shall be undertaken between the Mauritian authorities and the 
EU  vessel  to  settle  the  issue  amicably.  A  representative  of  the  flag  state  of  the  vessel  may 
participate in this compromise procedure. The compromise procedure shall finish at the latest 
72 hours after the notification of the detention of the vessel. 

4. 

Legal proceeding – Bank guarantee 

If  the  above  mentioned  compromise  procedure  fails  and  the  infringement  is  brought  before 
the competent court, the owner of the vessel which committed the infringement shall deposit a 
bank guarantee at a bank designated by Mauritius, the amount of which, as set by Mauritius, 
covers  the  costs  linked  to  the  detention  of  the  vessel,  the  estimated  fine  and  any 
compensation.  The  bank  guarantee  may  not  be  recovered  until  the  legal  proceedings  have 
been concluded. 

The  bank  security  shall  be  released  and  returned  to  the  shipowner  without  delay  after  the 
judgment has been given:  

a. 

b. 

in full, if no penalty has been imposed; 

for the amount of the remaining balance, if the penalty is a fine which is lower than 
the amount of the bank security. 

Mauritius shall inform the EU of the outcome of the legal proceedings within 8 days of the 
judgement being given. 

5. 

Release of the vessel and the crew 

The vessel and its crew shall be authorised to leave the port once the penalty has been paid in 
a compromise procedure, or once the bank guarantee has been deposited. 

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1. 

Number of seamen to sign on  

Signing-on of seamen 

During their activities in Mauritius' waters.Ten (10) Mauritian qualified seamen shall embark 
the  EU  fleet.  The  owners  of  EU  vessels  shall  endeavour  to  sign  on  additional  Mauritian 
seamen.  

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

2. 

Seamen's contracts  

The  employment  contract  shall  be  drawn  up  by  the  ship-owner  or  its  consignee  and  the 
seaman, if necessary represented by their union, in liaison with Mauritius. It shall stipulate in 
particular the date and port of signing on. 

These  contracts  shall  guarantee  the  seamen  the  social  security  cover  applicable  to  them  in 
Mauritius, including life assurance and sickness and accident insurance. 

A copy of the contract shall be given to the signatories.  

The  basic  working  rights  laid  down  in  the  declaration  of  the  International  Labour 
Organisation  (ILO)  shall  be  afforded  to  Mauritian  seamen.  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. 

3. 

Seamen's wages  

The wages of the Mauritian seamen shall be paid by the ship-owner. They shall be set before 
the  fishing  authorisation  is  issued  and  by  mutual  agreement between  the ship-owner and its 
consignee in Mauritius. 

The wages shall not be lower than those of crews on national vessels, nor the level determined 
by the ILO. 

4. 

Seamen's obligations 

The seamen shall report to the master of the vessel to which they have been appointed the day 
before the signing-on date stipulated in their contract. The master shall inform the seaman of 
the date and time of signing on. If the seaman withdraws or does not present himself at the 
date and time stipulated for his signing on, his contract shall be considered to be null and void 
and  the  ship-owner  shall  be  automatically  discharged  from  its  obligation  to  sign  him  on.  In 
this  case  the  ship-owner  shall  not  be  liable  for  any  financial  penalty  or  compensation 
payment. 

1. 

Observation of fishing activities  

CHAPTER X 

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This  observation  program  shall  conform  to  the  provisions  provided  for  in  the  resolutions 
adopted by the IOTC (Indian Ocean Tuna Commission).  

2. 

Designated vessels and observers 

Mauritius authorities shall draw a list of vessels designated to take an observer on board. This 
list shall be kept up to date. It shall be forwarded to the European Commission as soon as it 
has been drawn up. 

Mauritius'  authorities  shall  inform  the  ship-owners  concerned  of  the  name  of  the  observers 
appointed  to  be  taken  on  board  of  their  vessel  no  later  than  fifteen  (15)  days  before  the 
observer's planned embarkation date.  

The  observers  shall  not  spend  more  time  on  board  the  vessel  than  is  necessary  to  carry  out 
their duties. 

3. 

Observer's salary 

The salary and social contributions of the observer shall be borne by the Mauritian authorities. 

4. 

Embarkation conditions 

The embarkation conditions for the observer, in particular the duration of presence on board, 
shall be defined by mutual agreement between the ship-owner or its consignee and Mauritius. 

Observers  shall  be  treated  as  officers.  However,  receiving  the  observer  on  board  shall  take 
into account the technical structure of the vessel. 

The ship-owner shall bear the costs of providing accommodation and food for the observer on 
board.  

The master shall take all the measures for which he is responsible to guarantee the physical 
safety and general wellbeing of the observer. 

Observers shall be granted access to every facility needed to carry out their duties. They shall 
have  access  to  means  of  communication  and  any  documents  on  board,  and  to  documents 
relating to the fishing activities of the vessel, in particular the fishing logbook, freeze log and 
navigation log, and the parts of the vessel directly linked to their duties. 

5. 

Embarkation and landing of observers 

The observer shall sign on in a port chosen by the ship-owner.  

The  ship-owner  or  its  representative  shall  notify  Mauritius,  with  a  notice  period  of  ten  (10) 
days before the embarkation, of the date, time and port of embarkation of the observer. If the 
observer is embarked in a foreign country, their travel costs to the port of embarkation shall 
be borne by the ship-owner. 

If the observer does not arrive to embark within 12 hours of the date and time set, the ship-
owner shall be automatically discharged from its obligation to allow the observer to embark.  

It shall be free to leave the port and start fishing operations. 

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Where the observer is not disembarked in a port of Mauritius, the ship-owner shall bear the 
costs  of  accommodation  and  food  during  the  time  the  observer  is  waiting  for  repatriation 
flight. 

6. 

Observer's obligations 

Whilst they are on board observers shall: 

a. 

b. 

c. 

take all appropriate measures so as not to interrupt or hinder fishing operations; 

respect on-board property and equipment; 

respect the confidential nature of any document belonging to the vessel. 

The  observers  shall  communicate  observations  by  radio,  fax  or  e-mail  at  least  once  a  week 
while the vessel is fishing in the Mauritius’ waters, including the quantity of catches and by-
catches on board and any other duties as required by the authority. 

7. 

Observer's report 

Before leaving the vessel, the observer shall submit a report of his observations to the master 
of the vessel. The master of the vessel shall have the right to make comments in the observer's 
report. The report shall be signed by the observer and the master. The master shall receive a 
copy of the observer's report.  

The observer shall send his report to Mauritius, which shall send a copy of it to the EU within 
fifteen (15) working days of the disembarkation of the observer. 

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----------------------------------------------------------------- 

Appendices to this Annex 

1. Appendix I - Application form for a fishing authorisation 

2. Appendix 2 – Technical sheets 

3. Appendix 3 – Fishing logbook 

4. Appendix 4 – Format of VMS message position 

5. Appendix 5 – Catch report forms 

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Appendix 1  

APPLICATION FOR A FOREIGN FISHING VESSEL LICENCE 

Name  of  applicant 

:  …………………………………………………………………………….… 

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

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

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

Name  of  vessel 

:  ……………………………………………..………………………………….…. 

Type  of  vessel 

:  …………….……………………………………….……………………………... 

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

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

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

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

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

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

Width  of  vessel 

:  …………………………………………………………………………..……..…. 

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

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

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

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

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

Proposed species of fish : 

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

I certify that the above particulars are correct. 

Date : 

………………………………. 

Signature : 

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Appendix 2  

TECHNICAL SHEET :  TUNA SEINERS AND SURFACE LONGLINERS 

1.  Mauritius’ waters: 

•  Beyond fifteen (15) nautical miles from the base lines with the view to avoid adverse effects to small-scale artisanal 

fisheries in Mauritius. 

2.  Authorised gear: 

•  Seine 

•  Surface longliner 

3.  By-catches:  

•  Compliance with IOTC Resolutions 

4.  Authorised tonnage/Fees: 

Number  of  vessels  authorised  to 
fish  

•  Ocean-going tuna seiner vessels : 41 

•  surface longliner vessels : 45 

•  3  710  EUR  per  ocean-going  tuna  seiner  vessel,  for  106  tonnes  of  catch  of 

highly migratory and associated species 

Annual advance payment fee: 

•  3 150 EUR per surface longliner vessel > 100 GT, for 90 tonnes of catch of 

highly migratory and associated species 

•  1 750 EUR per surface longliner vessel < 100 GT, for 50 tonnes of catch of 

highly migratory and associated species 

Additional fee: 

35 EUR per tonne caught 

5.  Mauritius seamen 

•  10 seamen or payment of a compensation (ref. Chapter IX of Aneexe) 

• 

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Appendix 3 – Fishing logbook (IOTC forms) 

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Appendix 4 – Format of VMS message position 

COMMUNICATION OF VMS MESSAGES  

POSITION REPORT 

Data Element 

Code  Mandatory/ 

Content 

Optional 

Start record 

Addressee 

From 

Flag State 

Type of message 

Radio call sign 

SR 

AD 

FR 

FS 

TM 

RC 

M 

M 

M 

O 

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 – flag state 

Message detail – message type [ENT, POS, EXI] 

Vessel detail – international radio call sign of vessel 

Contracting 

Party 

Vessel  detail  –  unique  Contracting  Party  number  (flag  State  ISO3  code  followed  by 

internal 

reference 

IR 

O 

number) 

number 

External 

registration 

number 

Latitude 

Longitude 

Course 

Speed 

Date 

Time 

End record 

XR 

LA 

LO 

CO 

SP 

DA 

TI 

ER 

M 

M 

M 

M 

M 

M 

M 

M 

M = mandatory data element 

O = optional data element 

Vessel detail – number marked on side of vessel 

Vessel position detail – position in degrees and minutes N/S DDMM (WGS84) 

Vessel position detail – position in degrees and minutes E/W DDMM (WGS84) 

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 

Each data transmission is structured as follows: 

1. characters are accorded to the ISO 8859.1 norm 

2. a double slash (//) and field code SR indicate the start of the message 

3. each data element is identified by its code ans separated from the other data elements by a double slash (//) 

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

5. the ER code followed by a double slash (//) indicates the end of the message 

6. the optional data elements must be inserted between the start and the end of the message 

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Appendix 5 – Catch report form 

DEPART / SALIDA / DEPARTURE 

PORT  / PUERTO  /  PORT  DATE  / 
FECHA / DATE HEURE / HORA / 
HOUR  LOCH  /  CORREDERA  / 
LOCH 

Statement of catch form for tuna seiners / Fiche de déclaration de captures pour thoniers senneurs 

ARRIVEE / LLEGADA / ARRIVAL 

NAVIRE / BARCO / VESSEL 

PATRON / PATRON / MASTER 

PORT / PUERTO / PORT 

FEUILLE 
HOJA / SHEET N° 

DATE / FECHA / DATE HEURE / 
/ 
HORA 
CORREDERA / LOCH 

/  HOUR 

LOCH 

DATE 

FECHA 
DATE 

POSITION  (chaque  calée  ou 
midi) 

CALEE 

CAPTURE ESTIMEE 

ASSOCIATION 
ASSOCIACION 
ASSOCIATION

COMMENTAIRES 

COURANT 

POSICION 
mediadia) 

POSITION 
midday) 

(cada 

lance  o 

(each  set  or 

2 

1 
ALBACORE 

LISTAO 

LISTADO 

RABIL 
YELLOWFIN 

Taille 
Talla 
Size

Capture

Captura

Catch 

Taille 
Talla 
Size 

Capture

Captura

Catch 

3  PATUDO 

AUTRE 
ESPECE 
préciser le/les nom(s) 

REJETS  préciser  le/les 
nom(s) 

PATUDO 
BIGEYE 

OTRA  ESPECIE  dar 
el/los nombre(s) 

DESCARTES  dar  el/los 
nombre(s) 

OTHER  SPECIES  give 
name(s) 

DISCARDS 
name(s) 

give 

Taille 
Talla 
Size 

Capture

Captura

Nom 
Nombre 
Name 

Taille 
Talla 
Size 

Capture

Captura

Nom 
Nombre 
Name 

Taille 
Talla 
Size 

Capture

Captura

Catch

Catch

Catch

Une calée par ligne / Uno lance cada línea / One set by line 

Route/Recherche, problèmes divers,

type d'épave (naturelle/artificielle, 

balisée, bateau), prise accessoire, taille

du banc, autres associations, … 

Ruta/Busca, problemas varios, tipo de

objeto (natural/artificial, con baliza, 

barco), captura accesoria, talla del 

banco, otras asociaciones, …

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SIGNATURE  DATE 

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EN 

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LEGISLATIVE FINANCIAL STATEMENT 

1. 

FRAMEWORK OF THE PROPOSAL/INITIATIVE 

1.1.  Title of the proposal/initiative 

1.2.  Policy area(s) concerned 

1.3.  Nature of the proposal/initiative 

1.4.  Objective(s) 

1.5.  Grounds for the proposal/initiative 

1.6.  Duration and financial impact 

1.7.  Management mode(s) envisaged 

2. 

MANAGEMENT MEASURES 

2.1.  Monitoring and reporting rules 

2.2.  Management and control system 

2.3.  Measures to prevent fraud and irregularities 

3. 

ESTIMATED FINANCIAL IMPACT OF THE PROPOSAL/INITIATIVE 

3.1.  Heading(s)  of  the  multiannual  financial  framework  and  expenditure 
budget line(s) affected 

3.2.  Estimated impact on expenditure 

3.2.1. Summary of estimated impact on expenditure 

3.2.2. Estimated impact on operational appropriations 

3.2.3. Estimated impact on appropriations of an administrative nature 

3.2.4. Compatibility with the current multiannual financial framework 

3.2.5. Third-party contributions 

3.3.  Estimated impact on revenue 

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1. 

FRAMEWORK OF THE PROPOSAL/INITIATIVE 

1.1. 

Title of the proposal/initiative 

Proposal  for  a  Council  Decision  on  the  conclusion  of  a  new  Fishery  Partnership  Agreement 
and a new Protocol setting out the fishing opportunities and financial contribution provided for 
in  the  Fisheries  Partnership  Agreement  between  the  European  Union  and  the  Republic  of 
Mauritius 

1.2. 

Policy area(s) concerned in the ABM/ABB structure7 

11. - Maritime Affairs and Fisheries 

11.03 - International fisheries and law of the sea 

1.3. 

Nature of the proposal/initiative 

(cid:133) The proposal/initiative relates to a new action 

(cid:133) The proposal/initiative relates to a new action following a pilot project/preparatory action8 

X The proposal/initiative relates to the extension of an existing action 

(cid:133) The proposal/initiative relates to an action redirected towards a new action 

1.4. 

Objectives 

1.4.1.  The Commission’s multiannual strategic objective(s) targeted by the proposal/initiative 

The  Commission’s  exclusive  responsibility  for  negotiating  bilateral  fisheries  agreements 
involves negotiating, concluding and implementing Fisheries Partnership Agreements (FPAs) 
and,  at  the  same  time,  ensuring  political  dialogue  between  partners  in  the  field  of  fisheries 
policy in the third countries concerned.  

The negotiation and conclusion of fisheries agreements with third countries meets the general 
objective of maintaining and safeguarding the fishing activities of the European Union fleet, 
including the distant-water fleet, and developing relations in a spirit of partnership with a view 
to  strengthening  the  sustainable  exploitation  of  fishery  resources  outside  EU  waters,  taking 
account of environmental, social and economic concerns.  

FPAs  also ensure coherence between the principles governing the Common Fisheries Policy 
and  the  commitments  made  under  other  European  policies  (sustainable  use  of  third-country 
resources, combating illegal, unreported and unregulated (IUU) fishing, integration of partner 
countries into the global economy and better political and financial governance of fisheries). 

7 
8 

ABM: Activity Based Management – ABB: Activity Based Budgeting. 
As referred to in Article 49(6)(a) or (b) of the Financial Regulation. 

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1.4.2. 

Specific objective(s) and ABM/ABB activity(ies) concerned 

Specific objective No 19 

To  contribute  to  sustainable  fishing  in  non-EU  waters,  maintain  a  European  presence  in 
distant-water  fisheries  and  protect  the  interests  of  the  European  fisheries  sector  and  of 
consumers by negotiating and concluding fisheries partnership agreements with coastal states 
(third countries), in consistency with other European policies.  

ABM/ABB activity(ies) concerned 

Maritime affairs and fisheries, international fisheries and law of the sea, international fisheries 
agreements (budget line 11.0301) 

1.4.3.  Expected result(s) and impact 

Specify 
beneficiaries/groups targeted. 

the  effects  which 

the  proposal/initiative 

is  expected 

to  have  on 

the 

The  conclusion  of  the  Fisheries  Partnership  Agreement  and  Protocol  between  the  EU  and 
Mauritius will help maintain the current level of fishing opportunities for European vessels in 
Mauritius waters for the period 2012-2015 , particularly as regards the tuna fleet. The Protocol 
will help maintain continuity in the fishing zones covered by agreements in the Indian Ocean. 
The Protocol will also contribute to better management and conservation of fishery resources, 
through  financial  support  (sectoral  support)  for  the  implementation  of  the  annual  and 
multiannual programmes adopted at national level by the partner country.  

1.4.4. 

Indicators of results and impact 

Specify the indicators for monitoring implementation of the proposal/initiative.  

The following indicators will be used in the context of ABM (activity-based management) for 
the purposes of monitoring implementation of the Agreement:  

-  monitoring  the  annual  rate  of  utilisation  of  fishing  opportunities  (annual  uptake  of  fishing 
authorisations as a percentage of availability under the Protocol); 

-  gathering  and  analysing  data  on  catches  and  the  commercial  value  of  the  Agreement  In 
aggregate  with  other  fisheries  partnership  agreements  concluded  by  the  EU  with  third 
countries, the following indicators may be used as part of a multiannual analysis: 

- contribution to employment and to added value in the EU; 

- contribution to stabilising the EU market; 

Furthermore, the following monitoring indicator is also proposed: 

9 

p.m.:  In  the  activity  statements  drawn  up  for  the  2011  budget,  this  is  specific  objective  No  2;  Please  refer  to: 
http://www.cc.cec/budg/bud/proc/adopt/_doc/_pdf/2011/mare.pdf 

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43 

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- number of technical meetings and Joint Committee meetings. 

1.5. 

Grounds for the proposal/initiative 

1.5.1.  Requirement(s) to be met in the short or long term 

The new Protocol covers a three years period starting on the date of its entry into force (most 
probably  from  2012  to  2015.  It  will  provide  a  framework  for  the  fishing  activities  of  the 
European fleet and will, in particular, allow shipowners to obtain fishing authorisations in the 
Mauritian waters  

In addition, one of the objectives of the new Protocol is to strengthen the cooperation between 
the EU and Mauritius on promoting the development of a sustainable fisheries policy and the 
rational exploitation of fishery resources in the Mauritian waters. 

The amount of the annual financial contribution under the new protocol is EUR 660 000 out of 
which EUR 302 500 are allocated to assist the fishing sector. 

The main elements of the new Protocol are: 

Fishing  opportunities:  41  tuna  seiners  and  45  surface  longliners  vessels  will  be 
- 
authorised to fish, with an annual reference tonnage of 5 500 tonnes. The allocation of these 
fishing  opportunities  among  the  Member  States  concerned  is  the  subject  of  a  proposal  for  a 
specific Council Regulation.  

Advances  and  fees  payable  by  shipowners10:  EUR 35  per  tonne  of  tuna  caught  in  the 
- 
Mauritian waters by seiners and surface longliners. The annual advances are set at EUR 3 710 
per tuna seiner, EUR 3 150 per longliner of more than 100 GT and EUR 1 750 per longliner of 
less than 100 GT.  

1.5.2.  Added value of EU involvement 

As  regards  this  new  Protocol,  failure  to  act  by  the  EU  would  allow  private  agreements  to 
continue  which  would  not  guarantee  sustainable  fisheries.  The  European  Union  also  hopes 
that,  with  this  Protocol,  Mauritius  will  continue  to  cooperate  effectively  with  the  EU  in 
regional  bodies  such  as  the  Indian  Ocean  Tuna  Commission  (IOTC)  and  the  Indian  Ocean 
Commission  (IOC).  The  funds  available  will  also  allow  Mauritius  to  continue  its  strategic 
planning  efforts  for  the  implementation  of  its  fisheries  policies,  in  particular  its  Fishery 
Masterplan, and to strengthen its capacity for combating IUU fishing. 

The Fisheries Agreement also provides employment for seamen from the European Union and 
Mauritius. It could also generate economic activity in port in Mauritius which will be used by 
EU shipowners for carring out repairs on their ships or landings.  

10 

Advances and fees payable by ship-owners have no impact on the Union budget. 

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44 

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1.5.3.  Lessons learned from similar experiences in the past 

A  thorough  evaluation  was  carried  out  on  the  current  Fishery  Agreement  and  conditions  of 
fishery  activities  in  Mauritian  waters,  finalised  in  November  2011,  with  the  assistance  of  a 
consortium of independent consultants, with a view to the possible launch of negotiations on a 
new Fishery Partnership Agreement and Protocol.  

The ex-ante evaluation identified the following points of interest for the EU: 

- 

- 

By  meeting  the  needs  of  the  European  fleets,  the  fisheries  agreement  with  Mauritius 
could help support the viability of the EU tuna industry in the Indian Ocean. 

The  Protocol  is  deemed  to  be  capable  of  contributing  to  the  viability  of  European 
industries by offering European Union vessels and the industries which depend on them 
a stable legal environment and medium-term visibility.  

As  regards  the  interests  of  Mauritius  in  the  context  of  the  Protocol,  the  conclusions  of  the 
evaluation were: 

– 

– 

The  Fisheries  Agreement  can  help  strengthen  institutional  capacities  in  the  fisheries 
sector by improving research, and monitoring, control and surveillance (MCS) activities, 
as well as training and the viability of the small-scale fishing sector. 

The  Fisheries  Agreement  will  also  have  an  impact  on  the  country’s  budgetary  and 
political stability. 

In  addition  to  the  direct  commercial  value  of  the  catches  for  the  vessels  involved,  the 
agreement could yield the following manifest benefits: 

- 

- 

- 

- 

guaranteed jobs on board fishing vessels; 

multiplier effect on employment in ports, shipyards, service enterprises, etc.; 

location of these jobs in regions where there are no other employment possibilities; 

contribution to the supply of fish in the EU. 

1.5.4.  Coherence and possible synergy with other relevant financial instruments 

Funds  paid  out  under  fisheries  partnership  agreements  constitute  fungible  revenue  in  the 
budgets  of  the  third-country  partners.  However,  allocating  some  of  those  funds  for 
implementing  measures  as  part  of  the  country’s  sectoral  policy  is  a  condition  for  the 
conclusion  and  monitoring  of  FPAs.  These  financial  resources  are  compatible  with  other 
funds. 
sources  of 

international  donors, 

from  other 

the  EDF 

including 

funding 

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1.6. 

Duration and financial impact 

X 

Proposal/initiative of limited duration 

Proposal/initiative in force for a period of three years from the date of its entry into force 

X 
(most probably 2012-2015)X 

Financial impact from 2012 to 2015 

(cid:133) Proposal/initiative of unlimited duration 

–  Implementation with a start-up period from [YYYY] to [YYYY], 

–  followed by full-scale operation. 

1.7.  Management mode(s) envisaged11 

X Centralised direct management by the Commission 

(cid:133) Centralised indirect management with the delegation of implementation tasks to: 

–  (cid:133)  executive agencies 

–  (cid:133)  bodies set up by the Communities12 

–  (cid:133)  national public-sector bodies/bodies with a public-service mission 

–  (cid:133)  persons entrusted with the implementation of specific actions pursuant to Title V of the 
Treaty  on  European  Union  and  identified  in  the  relevant  basic  act  within  the  meaning  of 
Article 49 of the Financial Regulation 

(cid:133) Shared management with the Member States 

(cid:133) Decentralised management with third countries 

(cid:133) Joint management with international organisations (to be specified) 

If  more  than  one  management  mode  is  indicated,  please  provide  details  in  the  ‘Comments’ 
section. 

Comments 

[…] 

11 

12 

Details  of  management  modes  and  references  to  the  Financial  Regulation  may  be  found  on  the  BudgWeb  site: 
http://www.cc.cec/budg/man/budgmanag/budgmanag_en.html  
As referred to in Article 185 of the Financial Regulation. 

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2. 

MANAGEMENT MEASURES 

2.1.  Monitoring and reporting rules 

Specify frequency and conditions. 

The Commission (DG MARE, in collaboration with its fisheries counsellor in Mauritius and 
the  European  Union’s  Delegation  to  Mauritius)  will  ensure  regular  monitoring  of  the 
implementation of this Protocol, particularly as regards operators’ use of fishing opportunities 
and in terms of catch data.  

Furthermore, the Fisheries Partnership Agreement provides for at least one annual meeting of 
the Joint Committee, at which the Commission and the Member States concerned meet with 
the third country to review the implementation of the Agreement and the Protocol thereto. 

As regards the implementation of sectoral support, the Protocol stipulates that, each year, the 
two  Parties  must  evaluate  the  progress  made  in  implementing  the  multiannual  sectoral 
programme.  The  Protocol  provides  for  a  possible  adjustment  of  the  financial  contribution 
allocated to sectoral support if this evaluation reveals that the financed objectives are not being 
satisfactorily achieved.  

2.2.  Management and control system 

2.2.1.  Risk(s) identified 

There  is  some  risk  in  setting  up  a  fisheries  protocol,  for  example:  the  amounts  intended  to 
finance the sectoral fisheries policy might not be allocated as agreed (under-programming).  

2.2.2.  Control method(s) envisaged 

To  avoid  the  risks  mentioned  in  the  previous  point,  extensive  dialogue  is  planned  on  the 
programming and implementation of the sectoral policy. Joint analysis of progress, as referred 
to in paragraph 2.1, also forms part of these control methods. 

In addition, the Protocol contains specific clauses for its suspension, on certain conditions and 
in given circumstances. 

2.3.  Measures to prevent fraud and irregularities 

Specify existing or envisaged prevention and protection measures. 

The  use  to  which  the  financial  contribution  paid  by  the  EU  under  the  Agreement  is  put  is 
entirely  at  the  discretion  of  the  sovereign  third  country  concerned.  Nevertheless,  the 
Commission undertakes to try to establish permanent political dialogue and cooperation with a 
view to improving the management of the Agreement and strengthening the EU’s contribution 
to the sustainable management of resources. In any case, any payment which the Commission 
makes under a fisheries agreement is subject to the Commission's standard rules and budgetary 
and  financial  procedures.  This  makes  it  possible,  in  particular,  to  fully  identify  the  bank 
accounts of the third countries into which the financial contribution is paid. For this particular 

EN 

47 

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Protocol, Article 2 stipulates that the entire financial contribution must be paid into a Public 
Treasury account opened with a financial institution specified by the Mauritian authorities. 

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48 

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3. 

ESTIMATED FINANCIAL IMPACT OF THE PROPOSAL/INITIATIVE 

3.1. 

Heading(s)  of  the  multiannual  financial  framework  and  expenditure  budget  line(s) 
affected 

•  Existing expenditure budget lines 

In order of multiannual financial framework headings and budget lines. 

Budget line: 

Type 
expenditure 

of

Contribution 

Heading  of 
multiannual 
financial 
framework  Number  

[Description…...] 

DA/NDA13 

from 
EFTA 
countries
14 

from 
candidate 
countries
15 

from 
third 
countries 

the 
of 

within 
meaning 
Article 
18(1)(aa) 
of 
the  Financial 
Regulation 

2 

11.0301 

International 
agreements 

11.010404 

International 
agreements  – 
expenditure 

fisheries 

DA 

NDA 

fisheries 
administrative 

•  New budget lines requested  

(not applicable) 

NO 

NO 

NO 

NO 

13 
14 
15 

DA= Differentiated appropriations / NDA= Non-differentiated appropriations. 
EFTA: European Free Trade Association. 
Candidate countries and, where applicable, potential candidate countries from the Western Balkans. 

EN 

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3.2. 

Estimated impact on expenditure 

3.2.1. 

Summary of estimated impact on expenditure 

Heading of multiannual financial framework:  

2 

Preservation and management of natural resources 

EUR million (to four decimal places) 

DG: MARE 

(cid:121) Operational appropriations 

Number of budget line: 11.0301 

Number of budget line:  

Appropriations 

(cid:121) 
 from the envelope of specific programmes17 

an 

of 

Year 
N16 
(2012)  

Year 
N+1 
(2013) 

Year 
N+2 
(2014) 

TOTAL 

0.660 

0.660 

0.660 

1.980 

0.660 

0.660 

0.660 

1.980 

Commitments 

Payments 

Commitments 

Payments 

(1) 

(2) 

(1a) 

(2a) 

administrative 

nature 

financed 

Number of budget line: 11.010404 

(cid:121) TOTAL operational appropriations18 

Commitments 

(3) 

(4) 

0.021 

0.021 

0.081 

0.123 

0.660 

0.660 

0.660 

1.980 

16 
17 

18 

EN 

Year N is the year in which implementation of the proposal/initiative starts.  
Technical and/or administrative assistance and expenditure in support of the implementation of EU programmes and/or actions (former ‘BA’ lines), indirect research, direct 
research. 
The financial contribution comprises: a) EUR 357 500 per year, equivalent to an annual reference tonnage of 5 500 tonnes, and b) EUR 302 500 per year, corresponding to 
support for the development of the sectoral fisheries policy of the Republic of Mauritius. Where the annual quantity caught exceeds 5 500 tonnes, the amount of the annual 
financial contribution will be increased by EUR 65 for each additional tonne caught. However, the total annual amount paid by the EU may not exceed EUR 715 000 per 
year (see Article 2(4) of the Protocol). 

50 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
Payments 

(5) 

0.660 

0.660 

0.660 

1.980 

(cid:121)  TOTAL 
appropriations 
an 
 from the envelope of specific programmes 

of 

administrative 

nature 

financed

(6) 

0.021 

0.021 

0.081 

0.123 

TOTAL 
under HEADING 2 

of the multiannual financial framework 

appropriations

Commitments 

=4+ 6 

0.681 

0.681 

0.741 

2.103 

Payments 

=5+ 6 

0.681 

0.681 

0.741 

2.103 

If more than one heading is affected by the proposal/initiative: (not applicable) 

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Heading of multiannual financial framework:  

5 

‘Administrative expenditure’ 

EUR million (to three decimal places) 

DG: MARE 

(cid:121) Human resources 

Year 
N (2012) 

Year 
N+1 
(2013) 

Year 
N+2 
(2014) 

TOTAL 

0.064 

0.064 

0.064 

0.192 

(cid:121) Other administrative expenditure19 

0.010 

0.010 

0.010 

0.030 

TOTAL DG MARE 

Appropriations 

0.074 

0.074 

0.074 

0.222 

TOTAL 
under 
of the multiannual financial framework 

HEADING 

appropriations 
5 

(Total  commitments  =  Total 
payments) 

0.074 

0.074 

0.074 

0.222 

EUR million (to three decimal places) 

TOTAL 
under 
HEADINGS 
of the multiannual financial framework 

1 

appropriations  
5 

to 

Commitments 

Payments 

Year 
N20 

Year 
N+1 

Year 
N+2 

TOTAL 

0.755 

0.755 

0.815 

2.325 

0.755 

0.755 

0.815 

2.325 

19 
20 

Estimated costs for on-the-spot monitoring missions. 
Year N is the year in which implementation of the proposal/initiative starts. 

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3.2.2.  Estimated impact on operational appropriations 

–  (cid:133)  The proposal/initiative does not require the use of operational appropriations 

–  X  The proposal/initiative requires the use of operational appropriations, as explained below: 

Commitment appropriations in EUR million (to four decimal places) 

Indicate 

objectives 
outputs 

and 

OUTPUTS 

(cid:216) 

Type 
of 
output
21 

Averag
e  cost 
of 
the 
output 

SPECIFIC OBJECTIVE NO 1

22

Year 
N (2012) 

Year 
N+1 (2013) 

Year 
N+2 (2014) 

Year 
N+3 

… insert as  many  columns as necessary in order to 
reflect the duration of the impact (see point 1.6) 

TOTAL 

Numbe
r 
of 
outputs 

Total 
cost 

Numbe
r 
of 
outputs 

Total 
cost 

Numbe
r 
of 
outputs 

Total 
cost 

Number 
of outputs 

Total 
cost 

Num
ber 
of 
outp
uts 

Total 
cost 

Nu
mb
er 
of 
out
put
s 

Total 
cost 

Num
ber 
of 
outp
uts 

Total 
cost 

Numbe
of 
r 
outputs
Total 
Numbe
r 
of 
outputs 

Total cost 

Tuna catches 

Ref 
tonna
ge 

65 €/t  

5 500 t  

0.3575 

5 500 t  

0.3575 

5 500 t  

0.3575 

Sectoral support 

0.3025 

1 

0.3025 

1 

0.3025 

1 

0.3025 

Sub-total for specific objective No 1 

0.660 

0.660 

0.660 

16  500 
t 

1.0725 

0.9075 

1.980 

21 
22 

Outputs are products and services to be supplied (e.g. number of student exchanges financed, number of km of roads built, etc.). 
As described in Section 1.4.2. ‘Specific objective(s)’ 

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SPECIFIC OBJECTIVE NO 2 ... 

Output 

Sub-total for specific objective No 2 

TOTAL COST 

0.660 

0.660 

0.660 

1.980 

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3.2.3.  Estimated impact on appropriations of an administrative nature 

3.2.3.1.  Summary 

–  (cid:133)  The proposal/initiative does not require the use of administrative appropriations 

–  X  The  proposal/initiative  requires  the  use  of  administrative  appropriations,  as  explained 

below: 

Year 
N23 (2012)  

Year 
N+1 (2013) 

Year 
N+2 (2014) 

TOTAL 

EUR million (to three decimal places) 

HEADING 
of 
the 
financial framework 

5
multiannual 

Human resources 

0.064 

0.064 

0.064 

0.192 

0.010 

0.010 

0.010 

0.030 

0.074 

0.074 

0.074 

0.222 

Other 
expenditure24 

administrative 

Subtotal  HEADING 
of 
the 
financial framework 

5
multiannual 

Outside  HEADING  5  of 
the  multiannual  financial 
framework25 

Human resources 

0.016 

0.016 

0.016 

0.048 

Other  expenditure  of  an 
administrative nature26 

Subtotal  
outside  HEADING 
of 
the 
financial framework 

5
multiannual 

0.005 

0.005 

0.065 

0.075 

0.021 

0.021 

0.081 

0.123 

23 
24 
25 

26 

Year N is the year in which implementation of the proposal/initiative starts. 
Estimated costs for on-the-spot monitoring missions by personnel of headquarters. 
Technical  and/or  administrative  assistance  and  expenditure  in  support  of the  implementation  of  EU  programmes 
and/or actions (former ‘BA’ lines), indirect research, direct research. 
Estimated  costs  for  on-the-spot  monitoring  missions  by  personnel  in  delegation.  The  2014  amount  includes  a 
provision for an ex-post evaluation of the Protocol. 

EN 

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TOTAL 

0.095 

0.095 

0.155 

0.345 

EN 

56 

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3.2.3.2.  Estimated requirements of human resources 

–  (cid:133)  The proposal/initiative does not require the use of human resources 

–  X  The proposal/initiative requires the use of human resources, as explained below: 

Estimate to be expressed in full amounts (or at most to one decimal place) 

Year 
N 

(2012)  

Year 
N+1  

(2013) 

Year 
N+2  

Year 
N+3 

(2014) 

(2015) 

Enter  as  many  years  as 
show
necessary 
the  duration  of 
the 
impact (see point 1.6) 

to 

(cid:121) Establishment plan posts (officials and temporary agents) 

XX  01  01  01  (Headquarters  and  Commission’s 
Representation Offices) 

0.051 

0.051 

0.051 

XX 01 01 02 (Delegations) 

XX 01 05 01 (Indirect research) 

10 01 05 01 (Direct research) 

0 

0 

(cid:121) External personnel (in full-time equivalent – FTE)27

XX  01  02  01  (CA,  INT,  SNE  from  the  ‘global 
envelope’) 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

XX 01 02 02 (CA, INT, JED, LA and SNE in the 
delegations) 

0.013 

0.013 

0.013 

XX 01 04 yy28  

at Headquarters29 

- in delegations 

XX 01 05 02 (CA, INT, SNE - Indirect research) 

10 01 05 02 (CA, INT, SNE - Direct research) 

27 

28 
29 

CA=  Contract  Agent;  INT=  agency  staff  (‘Intérimaire’);  JED=  ‘Jeune  Expert  en  Délégation’  (Young  Experts  in 
Delegations); LA= Local Agent; SNE= Seconded National Expert. 
Sub-ceiling for external staff under operational appropriations (former ‘BA’ lines). 
For Structural Funds, European Agricultural Fund for Rural Development (EAFRD) and European Fisheries Fund 
(EFF). 

EN 

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11  01  04  04  (CA,  responsible  for  monitoring 
implementation of sectoral support) 

0.016 

0.016 

0.016 

TOTAL 

0.080 

0.080 

0.080 

XX is the policy area or budget title concerned. 

The  human  resources  required  will  be  met  by  staff  from  the  DG  who  are  already  assigned  to  management  of  the  action  and/or  have  been 
redeployed within the DG, together if necessary with any additional allocation which may be granted to the managing DG under the annual 
allocation procedure and in the light of budgetary constraints. 

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Human resources estimate: 

Officials and temporary agents  1  desk  officer  from  DG  MARE  +  HoU/deputy  HoU  +  secretariat: 

overall estimate of 0.4 people/year 

External personnel 

Non-Heading 5 staff  

Calculation  of  costs:  0.4  people/year  x  EUR 127 000/year  = 
EUR 50 800 => 0.051 M EUR 

1  LA  at  a  delegation  (Mauritius),  with  responsibility  for  monitoring 
fishing  authorisations  submitted  to/issued  by  the  Mauritian  authorities: 
overall estimate of 0.2 people/year 

Calculation of costs: 0.2 people/year x EUR 64 000/year = EUR 12 800 
=> 0.013 M EUR  

1 CA fisheries attaché assigned to the Mauritius Delegation responsible 
for monitoring implementation of the sectoral support estimated overall 
at 0.25 people/year 

Calculation  of  costs:  0.25  people/year  x  EUR 64 000/year  = 
EUR 16 000 => 0.016 M EUR 

Calculation of total human resources per year: EUR 50 800 + EUR 12 800 + EUR 16 000 = EUR 79 
600 => EUR 0.0796 million 

Description of tasks to be carried out: 

- 

Assisting  the  negotiator  with  preparing  and  concluding  the  negotiation  of  fisheries 
agreements: 

- 

- 

- 

- 

taking part in negotiations with third countries to conclude fisheries agreements; 

preparing  draft  evaluation  reports  and  negotiation  strategy  notes  for  the 
Commissioner; 

presenting  and  defending  the  Commission’s  position  in  the  Council’s  ‘External 
Fisheries’ Working Party; 

taking part in the search for a compromise with the Member States to be included 
in the final text of the Agreement. 

- 

Monitoring the implementation of agreements: 

- 

- 

- 

daily monitoring of fisheries agreements; 

preparing and checking the commitment and payment of the financial contribution 
and of any specific supplementary contributions; 

regular reporting on the implementation of agreements; 

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- 

- 

- 

evaluating agreements: scientific and technical aspects; 

preparing  the  draft  proposal  for  a  Council  Regulation  and  Decision  and  drafting 
the text of the Agreement; 

launching and monitoring adoption procedures. 

- 

Technical assistance: 

- 

preparing the Commission’s position for the Joint Committee. 

- 

Interinstitutional relations: 

- 

- 

representing the Commission before the Council, the European Parliament and the 
Member States in the negotiation process; 

drafting replies to oral and written questions from the European Parliament. 

- 

Interdepartmental consultation and coordination: 

- 

- 

liaising with other Directorates-General on matters relating to the negotiation and 
monitoring of agreements; 

organising and responding to interdepartmental consultations. 

- 

Evaluation: 

- 

- 

taking part in updating the impact assessment; 

analysing the objectives achieved and evaluation indicators. 

EN 

60 

   EN 

 
3.2.4.  Compatibility with the current multiannual financial framework 

–  x  Proposal/initiatives compatible with the current multiannual financial framework. 

–  (cid:133)  Proposal/initiative will entail reprogramming of the relevant heading in the multiannual 

financial framework. 

Explain  what  reprogramming  is  required,  specifying  the  budget  lines  concerned  and  the 
corresponding amounts. 

[…] 

–  (cid:133)  Proposal/initiative  requires  application  of  the  flexibility  instrument  or  revision  of  the 

multiannual financial framework30. 

Explain  what  is  required,  specifying  the  headings  and  budget  lines  concerned  and  the 
corresponding amounts. 

[…] 

3.2.5.  Third-party contributions 

–  X The proposal/initiative does not provide for co-financing by third parties 

30 

See points 19 and 24 of the Interinstitutional Agreement. 

EN 

61 

   EN 

 
                                                 
3.3. 

Estimated impact on revenue 

–  X  Proposal/initiative has no financial impact on revenue. 

–  (cid:133)  Proposal/initiative has the following financial impact: 

(cid:133) 

(cid:133) 

on own resources 

on miscellaneous revenue 

EN 

62 

   EN