CELEX: 51995PC0726(02)
Language: en
Date: 1996-01-10
Title: Proposal for a COUNCIL REGULATION (EC) on the conclusion of the Supplement to the Protocol setting out the fishing opportunities and financial contribution provided for in the Agreement between the European Community and the Islamic Republic of Mauritania on fishing off the coast of Mauritania for the period 15 November 1995 to 31 July 1996

COMMISSION OF THE EUROPEAN COMMUNITIES
                                                   Brussels, 10.01.1996
                                                   COM(95) 726 final
                                                   96/0005 (CNS)
                                 PROPOSAL FOR A
                               COUNCIL DECISION
on the conclusion of the Supplement to the Agreement in the form of an exchange
of letters concerning the provisional application of the Supplement to the Protocol
setting out the fishing opportunities and financial contribution provided for in the
    Agreement between the European Community and the Islamic Republic of
  Mauritania on fishing off the coast of Mauritania for the period 15 November
                                1995 to 31 July 1996
                                    Proposal for a
                          COUNCIL REGULATION (EC)
on the conclusion of the Supplement to the Protocol setting out the fishing
opportunities and financial contribution provided for in the Agreement between the
European Community and the Islamic Republic of Mauritania on fishing off the
        coast of Mauritania for the period 15 November 1995 to 31 July 1996
                           (presented by the Commission)
 ---pagebreak---  ---pagebreak---                           EXPLANATORY MEMORANDUM
Mauritania has proposed, under Article 3 of the Protocol to the Agreement on Fisheries
between it and the EEC, to open fishing for cephalopods in its waters to Community
vessels.
A Supplement to the Protocol on this subject was initialled by both parties on 11
November; it lays down the technical and financial terms for this new fishery activity
for the period 15 November 1995 to 31 July 1996.
On that basis the Commission proposes that the Council should adopt:
     by Decision, the draft Agreement in the form of exchange of letters concerning the
     provisional application of the Supplement to the Protocol pending its final entry into
     force;
     by Regulation, the Supplement to the Protocol setting out the fishing opportunities
     and related technical and financial conditions agreed by the EC and Mauritania for
     the period 15 November 1995 to 31 July 1996.
                                         1
 ---pagebreak---                                      PROPOSAL FOR A
                                   COUNCIL DECISION
on the conclusion of the Supplement to the Agreement in the form of an exchange
of letters concerning the provisional application of the Supplement to the Protocol
setting out the fishing opportunities and financial contribution provided for in the
     Agreement between the European Community and the Islamic Republic of
   Mauritania on fishing off the coast of Mauritania for the period 15 November
                                    1995 to 31 July 1996
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community,
Having regard to the Agreement between the European Economic Community and the
Islamic Republic of Mauritania on fishing off the coast of Mauritania1, and in particular
Article 13 thereof,
Having regard to the proposal from the Commission,
Whereas negotiations have been held between the Community and the Islamic Republic
of Mauritania, in accordance with the second paragraph of Article 13 of the
abovementioned Agreement, to determine the additions to be introduced into the Annex
to the Agreement and into the Protocol for the period 15 November 1995 to 31 July 1996;
Whereas, as a result of these negotiations, a Supplement to the Protocol was initialled on
11 November 1995;
Whereas, under that Supplement to the Protocol, Community fishermen have additional
fishing rights in the waters under the sovereignty or jurisdiction of Mauritania;
Whereas, in order to permit these fishing activities by Community vessels, it is essential
that the Supplement to the Protocol be approved as soon as possible; whereas, for this
reason, the two Parties initialled an Agreement in the form of an exchange of letters
providing for the provisional application of the Supplement to the Protocol from
15 November 1995; whereas this Agreement should be approved subject to a final
decision under Article 43 of the Treaty,
Whereas these fishing opportunities should be allocated to Member States in accordance
with Article 8(4)(iii); whereas, in view of the loss of fishing opportunities in Moroccan
waters, it is equitable to allot all the fishing opportunities to vessels flying the Spanish
flag,
HAS DECIDED AS FOLLOWS:
                                            Article 1
        O J N o L 3 8 8 , 31.12.1987, p. 1.
                                                    3>
 ---pagebreak--- The Agreement in the form of an exchange of letters concerning the provisional
application of the Supplement to the Protocol setting out the fishing opportunities and
financial contribution provided for in the Agreement between the European Community
and the Islamic Republic of Mauritania on fishing off the coast of Mauritania for the
period 15 November 1995 to 31 July 1996 is hereby approved on behalf of the
Community.
The texts of the Agreement in the form of an exchange of letters and of the Supplement
to the Protocol are attached to this Decision.
                                         Article 2
The fishing opportunities set out in the Supplement to the Protocol shall be granted to
vessels flying the Spanish flag.
Should applications for licences from Spain not exhaust the fishing opportunities set out
in the Supplement to the Protocol, the Commission shall make it possible for the other
Member States to make applications.
                                         Article 3
The President of the Council is hereby authorized to designate the persons empowered
to sign the Agreement in the form of an exchange of letters in order to bind the
Community.
Done at Brussels,
                                                          For the Council
                                                           The President
                                            4
 ---pagebreak---                                       AGREEMENT
       IN THE FORM OF AN EXCHANGE OF LETTERS CONCERNING THE
   PROVISIONAL APPLICATION OF THE SUPPLEMENT TO THE PROTOCOL
         SETTING OUT THE FISHING OPPORTUNITIES AND FINANCIAL
     CONTRIBUTION PROVIDED FOR IN THE AGREEMENT BETWEEN THE
  EUROPEAN COMMUNITY AND THE ISLAMIC REPUBLIC OF MAURITANIA
        ON FISHING OFF THE COAST OF MAURITANIA FOR THE PERIOD
                           1 AUGUST 1993 TO 31 JULY 1996
                    A. Letter from the Islamic Republic of Mauritania
Sir,
With reference to the Supplement to the Protocol initialled on 11 November 1995 setting
out, in accordance with Article 3 of the Protocol, additional fishing opportunities and the
related financial contribution for the period 15 November 1995 to 31 July 1996 I have
the honour to inform you that the Islamic Republic of Mauritania is prepared to apply this
Supplement to the Protocol provisionally from 15 November 1995 pending its entry into
force in accordance with Article 7 of the Supplement provided that the Community is
disposed to do the same.
This is on the understanding that the financial compensation specified in Article 2 of the
Supplement to the Protocol must be paid by 25 January 1996.
I should be obliged if you would confirm the European Community's agreement to such
provisional application.
Please accept, Sir, the assurance of my highest consideration.
                                                                 For the
                                                    Islamic Republic of Mauritania
 ---pagebreak---                               B. Letter from the Community
Sir,
I have the honour to acknowledge receipt of your letter of today's date which reads as
follows:
        "With reference to the Supplement to the Protocol initialled on 11 November 1995
        setting out, in accordance with Article 3 of the Protocol, additional fishing
       opportunities and the related financial contribution for the period 15 November
        1995 to 31 July 1996 I have the honour to inform you that the Islamic Republic
       of Mauritania is prepared to apply this Supplement to the Protocol provisionally
       from 15 November 1995 pending its entry into force in accordance with Article
        7 of the Supplement provided that the Community is disposed to do the same.
       This is on the understanding that the financial compensation specified in Article 2
       of the Supplement to the Protocol must be paid by 25 January 1996.
       I should be obliged if you would confirm the European Community's agreement
       to such provisional application."
I have the honour to confirm the European Community's agreement to this provisional
application
Please accept, Sir, the assurance of my highest consideration.
                                                            On behalf of the
                                                Council of the European Communities
 ---pagebreak---                                         Proposal for a
                       COUNCIL REGULATION (E C) No
                                                                                             Ccjny
 on the conclusion of the Supplement to the Protocol setting out the fishing
 opportunities and financial contribution provided for in the Agreement between the
 European Community and the Islamic Republic of Mauritania on fishing off the
 coast of Mauritania for the period 15 November 1995 to 31 July 1996
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular
Article 43 thereof, in conjunction with the first paragraph of Article 228(3),
Having regard to the proposal from the Commission,1
Having regard to the opinion of the European Parliament,2
Whereas, in accordance with the second paragraph of Article 13 of the Agreement
between the European Community and the Islamic Republic of Mauritania on fishing off
the coast of Mauritania,3 the two Parties negotiated to determine the additions to be
introduced into the Annex to the Agreement and into the Protocol for the period
 15 November 1995 to 31 July 1996;
Whereas, as a result of these negotiations, a Supplement to the Protocol setting out, for
the period 15 november 1995 to 31 July 1996, the fishing opportunities and financial
contribution provided for in the Agreement was initialled on 11 November 1995;
Whereas it is in the Community's interest to approve this Supplement to the Protocol;
Whereas these fishing opportunities should be allocated to Member States in accordance
with Article 8(4)(iii); whereas, in view of the loss of fishing opportunities in Moroccan
waters, it is equitable to allot all the fishing opportunities to vessels flying the Spanish
flag,
HAS ADOPTED THIS REGULATION.
                                           Article 1
The Supplement to the Protocol setting out the fishing opportunities and financial
contribution provided for in the Agreement between the European Community and the
Islamic Republic of Mauritania on fishing off the coast of Mauritania for the period
15 November 1995 to 31 July 1996 is hereby approved on behalf of the Community.
The text of the Supplement to the Protocol is attached to this Regulation.
1
     OJ No C
2
    OJ No C
3
     OJ No L 388, 31.12.1987, p. 1.
 ---pagebreak---                                         Article 2
The fishing opportunities set out in the Supplement to the Protocol shall be allotted to
vessels flying the Spanish flag.
Should applications for licences lodged by Spain not exhaust the fishing opportunities set
out in the Supplement to the Protocol the Commission shall make it possible for the other
Member States to make applications.
                                        Article 3
The President of the Council is hereby authorized to designate the persons empowered
to sign the Supplement to the Protocol in order to bind the Community.
                                        Article 4
This Regulation shall enter into force on the third day following its publication in the
Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member
States.
 ---pagebreak---                                        AGREEMENT
       IN THE FORM OF AN EXCHANGE OF LETTERS CONCERNING THE
   PROVISIONAL APPLICATION OF THE SUPPLEMENT TO THE PROTOCOL
         SETTING OUT THE FISHING OPPORTUNITIES AND FINANCIAL
     CONTRIBUTION PROVIDED FOR IN THE AGREEMENT BETWEEN THE
  EUROPEAN COMMUNITY AND THE ISLAMIC REPUBLIC OF MAURITANIA
        ON FISHING OFF THE COAST OF MAURITANIA FOR THE PERIOD
                           1 AUGUST 1993 TO 31 JULY 1996
                                          Article 1
From 15 November 1995 to 31 July 1996 further fishing opportunities are hereby granted,
pursuant to Article 3 of the Protocol, to cephalopod fishing vessels: 5 250 GRT/month
annual average, which may vary by a margin of 5% above or below that figure, for not
more than 18 vessels. Should the figure be exceeded within the 5% limit the shipowners
shall pay the fees for the additional GRT.
                                          Article 2
1.      The total financial compensation for the period referred to in Article 1 shall be
        ECU 7 259 000.
2.      The use to which this compensation is put shall be the sole responsibility of
        Mauritania.
3.      The compensation shall be paid into an account opened with a financial institution
        or any other body designated by Mauritania.
                                          Article 3
Of the amount of total financial compensation provided for in Article 2(1) Mauritania
shall allocate, for the period referred to in Article 1, the sum of ECU 350 000 towards
the financing of scientific and technical programmes to improve biological and fishery
resource information as regards the Mauritanian fishing zone. This sum shall be made
available to Mauritania and the corresponding amounts shall be transferred to the accounts
indicated by the Mauritanian authorities (CNROP in Nouadhibou).
The Community reserves the right to request the other contracting party to provide any
information that may be useful for scientific purposes.
                                          Article 4
1.      Of the amount of total financial compensation provided for in Article 2(1),
        Mauritania shall allocate, for the period referred to in Article 1, the sum of
        ECU 150 000 to study and practical training in the various scientific, technical
        and economic disciplines relating to fisheries. To this end, the Community shall
        make it easier for nationals of Mauritania to find places in establishments in its
        Member States.
 ---pagebreak--- 2.       Part of the amount referred to in paragraph 1 may be allocated to cover the costs
         of participating in international meetings or training courses on fisheries.
                                           Article 5
Should the Community fail to make the payments provided for in Article 2, Mauritania
reserves the right to suspend the application of this Protocol.
                                           Article 6
The Annex to the Agreement between the European Community and Mauritania on
fishing off the coast of Mauritania is hereby replaced by the Annex to this Supplement
to the Protocol.
                                           Article 7
This Supplement to the Protocol shall enter into force on the date on which it is signed.
It shall apply with effect from 15 November 1995.
                                            i%
 ---pagebreak---                                            ANNEX
 Conditions for cephalopod fishing between 15 November 1995 and 31 July 1996
 supplementing those set out in the Annex to the Protocol.
 1.     Inspection
        Each vessel concerned will undergo only one inspection in port for the period
        from 15 November 1995 to 31 July 1996.
 2.     Replacement of a vessel
        Each vessel may be replaced by another of equal or smaller gross registered
        tonnage subject to the following conditions:
        (a)     at least three months after the licence was issued;
        (b)     during a given period of three months by reason of force majeure.
3.      Licence fee and period
        (a)     licences shall be issued for periods of three, six or 8.5 months.
                Three-month licences shall be renewable;
        (b)     the fee to be paid by the shipowner shall be ECU 348 per gross registered
                ton per year. It shall be payable in proportion to the period of the licence.
4.      Signing-on of Mauritanian seamen
        Each vessel shall employ Mauritanian seamen to make up 35% of the non-officer
        crew engaged in manning the vessel or fishing activities, of whom 25% shall in
        any circumstances be on board.
       In respect of the 10% who may not be on board, the shipowner shall pay
       compensation of ECU 200/month per seaman to the Mauritanian authorities at the
       same time as the licence fee. Such compensation shall be used for the training
       of Mauritanian fishermen.
5.     On-board observers
       Each vessel shall take on board not more than one observer, within the 25% limit
       of Mauritanian fishermen.
6.     Fishing zone
       The fishing zone in which Community vessels are permitted shall be identical to
       that laid down by national regulations for Mauritanian vessels.
7.     Authorized mesh size
       The minimum authorized mesh size is 70 mm.
 ---pagebreak--- 8. Special provisions
   (a)    Community shipowners shall own the catches in their entirety and be free
          to decide upon their sale and unloading in the port of their choice.
          However, the Community and Mauritania will encourage their own
          operators concerned to establish permanent joint consultation in order to
          prevent any competition liable to destabilize the market.
   (b)    Community vessels are required to abide by Mauritanian regulations in
          force for the protection of juveniles. However, should any juveniles be
          caught the shipowner will be liable to a fine of not less than the value of
          the juvenile specimens caught and marketed by him. Vessels fishing for
          cephalopods may catch fish and crustaceans and keep them on board.
   (c)    The competent Community authorities shall inform the Mauritanian
          authorities on a case-by-case basis in writing ten days in advance of
          inspection visits which they have decided to conduct in a Community port.
          The Mauritanian authorities shall give five days' notice of their intention
          to send an observer. The observer should not be sent for a period
          exceeding 15 days.
          To this end the Community will make the necessary arrangements for the
          Mauritanian authorities to be informed in real time of landings performed
          by vessels operating in Mauritanian waters.
   (d)    Community shipowners shall be free to choose the local agents for their
          vessels although they must be of Mauritanian nationality.
   (e)    The European Union and Mauritania, in their concern for the conservation
          of resources, shall endeavour to cooperate to strengthen the system for the
          surveillance of the Mauritanian EEZ.
                                           i <&*
 ---pagebreak--- FINANCIAL STATEMENT ^
1.          TITLE OF OPERATION: complement to the financial Protocol EC/Mauritania
2.          BUDGET HEADING INVOLVED: B7-800
3.          LEGAL BASIS: EC/Mauritania Agreement
                             Council R. No 1348/94 -art 3- (OJ No L 149, 15.6.1994)
4.          DESCRIPTION OF OPERATION
            4.1 General objective: new fishing possibilities
            4.2 Period covered and arrangements for renewal or extension
                    15.11.95 to 31.7.96, expiery date of the current protocole
5.          Classification of expenditure or revenue
            5.1 Compulsory
            5.2 Differentiated
6.          Type of expenditure or revenue
            - O^er.Financial compensation to a third country in exchange for fishing opportunities
            granted by it and laid down in the complement to the Protocol.
7.          FINANCIAL IMPACT
            7.1 Method of calculating total cost of operation (definition of unit costs)
                    see complement to the Protocol
            7.2      Itemised breakdown of cost
  Breakdown           1995           1996                         1999         TOTAL
  current ECUs
   financial          7.259.000                                                7.259.000
  contribution        ECUs                                                     ECUs
   (art. 2)
                                                      ••3
 ---pagebreak---            7.3 Schedule for proposed new operation
                                1995            1996               ...             1999            TOTAL
   Commitment              ECU                                                                  ECU
   appropriations          (current)                                                            (current)
                           7.259.000                                                           7.259.000
   Payment appropriations
   1995                    ECU
                           (current)
                           7.259.000
   1996
   ...
   1999
   TOTAL                   ECU                                                                 ECU (current)
                           (current)                                                           7.259.000
                           7.259.000
8.    FRAUD PREVENTION MEASURES; RESULTS OF MEASURES TAKEN:
      Since the financial contributions are made by the Community in direct exchange for the fishing possibilities
      offered, the third country uses them for whatever end it chooses. The exception to this rule is the case of
      programmes, such as the scientific programmes, where under the dispositions of the Agreement, Mauritania
      will furnish reports to the Community.
      In addition, the Member States whose vessels operate under this Agreement must certify to the Commission
      the exactitude of the data indicated in the tonnage certificates of the vessels so that the licence fees may be
      calculated on a guaranteed basis. To that end, the Agreement includes catch declarations for
      Community vessels.
9.   ELEMENTS OF COST-EFFECTIVENESS ANALYSIS:
In terms of the benefits of this agreement, it is clear that the value of the catches of the main commercial species
far exceeds the cost of 7.259 MECU.
In addition to the direct commercial value of the catches of the vessels concerned, there are the following
evident benefits from this Agreement:
     guaranteed employment aboard the fishing vessels;
     multiplier employment effect throughout the regions concerned (Southern Spain) in the ports, auctions
     rooms, processing factories, shipyards, service industries, etc.;
     these employment opportunities are in regions where no other opportunities are available;
     contribution to the supply of fish to the Community.
Obviously, in addition to those benefits, one must take account of the importance of our relations with
Mauritania in the fisheries field and our overall political relations.
10. ADMINISTRATIVE EXPENDITURE (part A of the budget):
                    No incidence on administrative expenditure.
                                                               l
                                                                 ^
 ---pagebreak---                                                                   ISSN 0254-1475
                                                           COM(95) 726 final
                                              DOCUMENT
EN                                                                       03    u
                                    Catalogue number : CB-CO-95-762-EN-C
                                                             ISBN 92-77-98691-3
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