CELEX: 51993PC0370(01)
Language: en
Date: 1993-07-23
Title: Proposal for a COUNCIL DECISION on the conclusion of the Agreement in the form of an Exchange of Letters concerning the provisional application of the Protocol setting out, for the period 1 August 1993 to 31 July 1996, 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

COMMISSION OF THE EUROPEAN COMMUNITIES
                                                           COM(93) 370 final
                                                           Brussels, 23 July 1993
                                       Proposal for a
                                   COUNCIL DECISION
        on the conclusion of the Agreement in the form of an Exchange of Letters
     concerning the provisional application of the Protocol setting out, for the period
          1 August 1993 to 31 July 1996, 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
                                       Proposal for a
                             COUNCIL REGULATION (EEC)
     on the conclusion of the Protocol setting out, for the period from 1 August 1993
 to 31 July 1996, 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
                              (presented by the Commission)
 ---pagebreak---                            EXPLANATORY MEMORANDUM
The  protocol  to   the  fisheries  agreement  between  the  Community   and
Mauritania expires on 31 July 1993. A new protocol was initialled by the
two parties on 10 June     1993 laying down the technical and      financial
conditions for fishing activities by Community vessels in Mauritanian
waters for the period 1 August 1993 to 31 July 1996.
The  new   protocol   adapts   the  fishing   opportunities  to   meet   the
Community's requests, resulting in an overall reduction thereof.
The  financial  compensation   to be   borne by   the Community  budget   is
reduced to ECU 26 million for three years as a result of the reduction
in fishing opportunities.
On this basis the Commission proposes that the Council should adopt:
- in a Decision, the draft agreement in the form of an exchange of
  letters on the provisional application of the new protocol pending its
  definitive entry into force,
- in a Regulation, the protocol setting out the fishing opportunities
  and the associated technical and financial conditions agreed between
  the EEC and Mauritania for the period 1 August 1993 to 31 July 1996.
 ---pagebreak---                                                             PROPOSAL FOR A
                                                          COUNCIL DECISION
                          on the cooduiloa of the Agreement la the fona of an Eicbangc of Lcttcn concerning the
                          provisional application of the Protocol letting out, for the period I August 1993 to
                          i t July 199$, the flahlng opportunltiei and financial cootribution provided for In the
                          Agreement between the European                Community and the Islamic Republic of
                                              Mauritania on fbhlng off the coait of Mauritania
 THE COUNCIL OP THE EUROPEAN COMMUNITIES.                                   Whereas, in order to avoid any interruption in the
                                                                            fishing activities of Community vessels, it is essential that
                                                                            the new Protocol be applied as soon as possible;
  Having regard to the Treaty eitablishing the European                     whereas, for this reason, the two Parties initialled an
            Community,                                                      Agreement in the form of an Exchange of Letters
                                                                            providing for the provisional application of the initialled
                                                                            Protocol from the day following the date of expiry of
 Having regard to the Agreement between the European                        the Protocol in force; whereas this Agreement should be
             Community and the Islamic Republic of                          approved, pending a final decision taken under Ankle
 Mauritania on fishing off the coast of Mauritania ('),                     43 of the Treaty,
 Having regard to the proposal from the Commission,                         HAS DECIDED AS FOLLOWS:
 Whereas,
                  , negotiations have been held between                                              Artidt I
 the Community and the Islamic Republic of Mauritania,
 in accordance with the second paragraph of Article 1J of                   The Agreement in the form of an Exchange of Letters
 the abovementioned Agreement, to determine the                             concerning the provisional application of the Protocol
 amendments or additions to be introduced into the                          setting out, for the period I August 1993 to 31 July
 Annex to the Agreement and into the Protocol at the                        199£ the fishing opportunities and financial contribution
 end of the period of application of the Protocol;                          provided for in the Agreement between the European
                                                                                         Community and the Islamic Republic of
                                                                            Mauritania on fishing off the coast of Mauritania is
                                                                            hereby approved on behalf of the Community.
Whereas, as a result of these negotiations, a new
Protocol was initialled on 1Q June 19931
                                                                            The texts of the Agreement in the form of an Exchange
                                                                            of Letters and of the Protocol are attached to this
Whereas, under that Protocol, Community fishermen                           Decision.
have fishing rights in the waters under the sovereignty or
jurisdiction of Mauritania;
                                                                                                     Artlch 2.
                                                                          The president of the Council it hereby authorised to
                                                                           designate the persons empowered to sign the Agreement
                                                                           in order to bind the Community.
                                                                          Done at Brurseli,
                                                                                                              For th* Council
                                                                                                               Tht Pntident
   (') OJ No L 318, 31. 12. 1917, p. I.
  (1) R(EC) N°1177/91, 18.4.91, OJ N° L117, 10.5.91, p. 1
 ---pagebreak---                                             3
                                          AGREEMENT
in the form of an Exchange of Lcttcn concerning the provisional application of the Protocol
letting otic, for the period 1 August 1913 to 31 Jury 1994» the fishing opportunities and financial
contribution provided for in the Agrecmcse between CM European                    Community and
            the Iitamk Republic of Mauritania on fishing off the coast of Mauritania
                         A. Utter from the IsUmic Republic ofMturiUnU
Sir,
With reference to the Protocol initialled on \° "Jon*. ' ^ setting out fishing opportunities and
financial contribution for the period 1 August 1993 to 31 July 199G, I have the honour to
inform you that the Islamic Republic of Mauritania ii ready to apply this Protocol on a
provisional basis, with effect from 1 August 199^, pending lu entry into force in accordance
with Article 9 of the laid Protocol, provided that the European                     Community ii
disposed to do the lame.
This ii on the understanding that a first instalment equal to one-third of the financial compen-
sation specified in Article 2 of the Protocol is paid by ft» November 1993.
I should be obliged if you would confirm the European                . Community's agreement to
such provisional application.
Please accept, Sir, the anurance of my highest consideration.
                                                           For the IsUmic Republic ofMâuritsnU
                         B. Letter from the European            Community
Sir,
I have the honour to acknowledge receipt of your letter of today's date, which readi ai
follows:
     *With reference to the Protocol initialled on to ~f>n*- «9)3 setting out fishing oppotunities
      and financial contribution for the period 1 August 199& to 31 July 1996, I have the
      honour to inform you that the Islamic Republic of Mauritania is ready to apply this
      Protocol on a provisional basis, with effect from 1 August 1993, pending its entry into
      force in accordance with Article 9 of the said Protocol, provided that the European
                '. Community is disposed to do the same.
      This is on the understanding that a first instalment equal to one-third of the financial
      compensation specified in Article 2 of the Protocol ii paid b y t e November 1993.
      I should be obliged if you would confirm the European                           Community's
      agreement to luch provisional application.'
I have the honour to confirm the European                        Community's agreement to this
provisional application of the Protocol.
Please accept, Sir, the assurance of my highest consideration.
                                                                         On behoof the Council
                                                                      of the European Communities
 ---pagebreak---                                                        PROPOSAL FOR A
                                           COUNCIL REGULATION (EEC) No
                        on the conclusion of the Protocol letting out, for the period from 1 August 1993 to 31
                        July 1994, the fuhing 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
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                                 HAS ADOPTED THIS REGULATION:
Having regard to the Treaty establishing the European                                             Article 1
            Community, and in particular Article 43                      The Protocol setting out, for the period from 1 August
thereof,                                                                 199& to 31 July 1996s the fishing opportunities and
                                                                         financial contribution provided for in the Agreement
                                                                         between the European                 Community and the
Having regard to the proposal from the Commission to                     Government of the Islamic Republic of Mauritania on
                                                                         fishing off the coast of Mauritania is hereby approved on
                                                                         behalf of the Community.
Having regard to the opinion          of  the   European
Parliament (*),
                                                                         The text of the Protocol is attached to this Regulation.
Whereas,
                      in accordance with the second                                                Articled
paragraph of Article 13 of the Agreement between the
European                 Community and the Islamic                        The President of the Council is hereby authorized to
Republic of Mauritania on fuhing off the coast of                         designate the persons empowered to sign the Agreement
Mauritania (2), the two Parties negotiated to determine                   in order to bind the Community.
the amendments or additions to be introduced into the
Annex to the said Agreement and into the Protocol at                                               Article ~b
the end of the period of application of the Protocol; (H)                 This Regulation shall enter into force on the third day
                                                                          following that of iu publication in the Official Journal of
                                                                          the European Communities*
 Whereas, as a result of these negotiations, a new
 Protocol setting out, for the period from 1 August 1993
 to 31 July 199b, the fishing opportunities and financial
 contribution provided for in the aforementioned
 Agreement was initialled on 1Q June 1993-
    Whereas it is in the Community's interest to approve this
    Protocol,
                                              This Regulation shall be binding in iu entirety and directly applicable in all Member
                                              Sûtes.
                                              Done at Luxembourg,
                                                                                                                         For the Council
                                                                                                                           The President
 (1)  O.J. No C
 (2)  O.J. No C
 (3)  O.J. No L388, 31.12.1987, p.1
 (4)  R(EC) No 1177/91, 18.4.1991, O.J         No L117, 10.5.91, p.1
 ---pagebreak---                                     S
                                     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
For a period of three years from 1 August 1993, the fishing opportunities
granted pursuant to Article 2 of the Agreement shall be as follows:
1. Specialized vessels:
   (a)  fishing vessels specializing in crustaceans with the exception of
        crawfish: 4 500 GRT/month annual average;
   (b)  black hake trawlers and bottom longliners: 12 000 GRT/month annual
        average;
   (c)  vessels fishing for demersal species other than black hake with gear
        other than trawls (fixed gillnet, longliner, line): 2 600 GRT/month
        annual average;
   (d)  trawlers   fishing  for deepwater demersal species other than black
        hake: 4 200 GRT/month annual average.
   (e)  pot vessels (crawfish): 300 GRT/month annual average.
        Vessels with    licences  for crawfish  fishing may keep on board no
        fishing gear other than pots. These vessels are not authorized for
        live-bait fishing.
        In addition, crawfish fishing shall be prohibited between 1 July and
        30 September each year, since this is the height of the breeding
        season for these species.
 ---pagebreak---                                      G
2. Vessels fishing for highly migratory species:
    pole-and-line tuna vessels and surface longliners:         11 vessels,
    freezer tuna seiners:                                      34 vessels.
    Pole-and-line tuna vessels are authorized to fish with live bait within
    the limits and under the conditions (zones and mesh sizes) laid down in
    the Annex to the Agreement.
                                      Article 2
1. The   total   financial   compensation   referred    to  in  Article  6  of  the
    Agreement shall be, for the period referred to in Article 1, ECU 26 000
    000, payable in three annual instalments.
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
If Mauritania decides, taking account of stock levels, to reopen cephalopod
fishing   to vessels    other  than  those of    the   national  fleet,  cephalopod
fishing authorizations shall be granted to Community vessels under technical
and   financial   conditions  to  be   agreed.  In   such  a  case,  the  financial
compensation referred to in Article 2 shall be adjusted.
 ---pagebreak---                              T-
                                   Article 4
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 900 000 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 contracting party to provide
any information that may be useful for scientific purposes.
                                   Article 5
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 360 000 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.
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 6
Should the Community fail to make the payments provided for in Article 2,
Mauritania reserves the right to suspend the application of this Protocol.
 ---pagebreak---                                   Article 7
The Parties agree to encourage cooperation in the field of fisheries. They
shall  encourage  the  integration  of  Community and  Mauritanian  concerns
through associations of mutual interest to exploit fisheries resources and
process and market fishery products.
                                  Article 8
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
Protocol.
                                  Article 9
This Protocol shall enter into force on the date on which it is signed.
It shall apply with effect from 1 August 1993.
 ---pagebreak---                                  *>
                                                                        ANNEX
              CONDITIONS FOR THE EXERCISE OF FISHING ACTIVITIES
                               BY COMMUNITY VESSELS
                          IN MAURITANIA'S FISHING ZONE
A. Licence applications and issuing formalities
   (a)  The Commission of the European Communities shall, via its delegation
        in Mauritania, present       to the Mauritanian     fishery   authorities a
        licence   application     in   respect   of  each   vessel,    drawn   up   by
        shipowners wishing to fish under the Agreement, at least 20 days
        before the date of commencement of the period of validity requested.
        The  applications    shall   be made    on  the  forms  provided    for that
        purpose by Mauritania, a specimen of which is shown in Appendix I.
        Licence applications shall be accepted only if accompanied by proof
        of payment of the fee for the period of the licence's validity. The
        fees shall include all national and local charges except for the
        cost referred to at (b).
        In  addition,   in   the   case   of   freezer  tuna   seiners,   a   tonnage
        certificate must be attached to the licence application form.
   (b)  Before  receiving   a   licence, each vessel, with        the exception of
        freezer   tuna   seiners    and   pole-and-line   tuna   vessels,    must   be
        presented at the port of Nouadhibou         for inspection    in accordance
        with the rules and regulations in force. This inspection shall be
        carried out within 48       hours of the vessel's arrival in port. The
        expenses incurred shall be borne by the shipowner and may not be
        higher  than   those   usually    paid  by  other   vessels   for   the   same
        services.
        In the case of pole-and-line tuna vessels and surface longliners,
        the  inspection may be made in a foreign port to be agreed. All
        expenses   linked  to   such   inspection   shall  be  at   the  shipowner's
        expense.
 ---pagebreak---                              AO
(c) Licences shall be issued for a given vessel. At the request of the
    Commission of the European Communities, a licence issued for one
    vessel may in a case of force majeure be replaced by a licence for
    another Community vessel having the same characteristics. In such a
    case, the owner of the vessel to be          replaced   shall  return the
    licence to the Ministry responsible for maritime fisheries via the
    Delegation   of   the   Commission  of   the   European   Communities   in
    Mauritania.
    The new licence shall indicate:
    - the date of issue,
    - the fact that this licence cancels and replaces that of the first
                        vessel.
    No fee shall be due for the period of validity remaining.
(d) The licence shall be delivered to the master of the vessel or his
    representative  by the Mauritanian     authorities within 20 days of
    receipt  of proof of payment of the        fee. The Delegation of the
    Commission  of   the   European  Communities    in  Mauritania   shall  be
    notified of delivery,
(e) The licence must be held on board at all times.
(f) The  Mauritanian   authorities   shall  specify    the bank   account  and
    currencies to be used for payment of fees before the entry into
    force of the Agreement.
 ---pagebreak---                                    AA
B. Validity of licences and payment of fees by shipowners
   1.   Provisions applicable to tuna vessels and surface longliners
        (a)     Licences for these vessels shall be issued for periods of 12
                months.
        (b)     The fee to be paid by the shipowner shall be set at ECU 20
                per tonne caught within the Mauritanian fishing zone.
        (c)     Licences shall be issued following payment to the Mauritian
                public treasury of a lump sum of ECU 2 000 a year for each
                pole-and-line tuna vessel and each surface longliner and ECU
                1 000 a year for each freezer tuna seiner, equivalent to the
                fees for:
                - 100 tonnes of tuna a year in the case of pole-and-line
                  tuna vessels,
                - 100 tonnes per year of species caught by surface
                   longliners,
                - 50 tonnes of tuna per year caught by freezer tuna seiners.
                The final statement of the fees due for the fishing period
                shall   be  drawn   up  by  the  Commission  of  the  European
                Communities at the end of each calendar year on the basis of
                the catch statements made by each shipowner and confirmed by
                the scientific    institutes responsible for verifying catch
                data such as the French Office de la recherche scientifique
                et technique d'outre-mer (Orstom) and the Instituto Espanol
                de   Oceanografia   (IEO)  on  the  one hand  and  the  Centre
                National de Recherche Océanographique et des Pêches (CNROP)
                on the other.
 ---pagebreak---                                    A%
                This  statement  shall  be   forwarded   simultaneously    to the
                Mauritanian sea-fishing services and to the shipowners not
                later than 30 April of the following year. Any additional
                payment  due   shall  be   made   by   the   shipowners   to   the
                Mauritanian  public  treasury   no   later  than   30 days   after
                notification of the final statement.
                However, if the amount of the final statement is lower than
                the abovementioned advance, the resulting balance shall not
                be reimbursable to the shipowner.
                In addition, ships' masters shall keep a logbook for each
                fishing period in Mauritania's fishing zone in accordance
                with the ICCAT form in Appendix II.
2. Provisions applicable to other vessels
   (a)  Licences for these vessels shall be issued for periods of 3, 6 or
        12 months. They shall be renewable.
   (b)  The licence fees to be paid by shipowners, expressed in ecus per
        gross registered tonnage per year, shall be as follows:
            fishing vessels specializing in crustaceans with the exception
            of crawfish:                                   276
            black hake trawlers and bottom longliners:     142
            vessels fishing for demersal species other
            than black hake with gear other than trawls:
            . vessels less than 100 GRT:                    133
            . vessels greater than 100 GRT:                 200
        -   trawlers fishing for deepwater demersal
            species other than black hake                  156
            pot vessels (crawfish):                        242
 ---pagebreak---                                     \l
C. Fishing logbook and statement of catch
   1.   All vessels authorized to fish in Mauritania's fishing zone under
        the Agreement, with the exception of tuna vessels and longliners,
        shall be required to enter their operations every day in the fishing
        logbook   and   its    annex,    specimens    of   which   are   given  in
        Appendices III and Ilia. These documents must be completed legibly
        and be signed by the master of the vessel.
        Copies of these documents must be sent at the end of the voyage to
        the headquarters of the Commande des Pêches of the Ministry for
        Fisheries   and  the   Economy   of   the  Sea   at  Nouadhibou,   via the
        Commission Delegation in Mauritania.
   2.   Should these provisions not be adhered to, Mauritania reserves the
        right to   suspend   the  licence of the offending       vessel  until the
        required   formality   has   been   complied   with.  In  this  case,  the
        Delegation   of  the    Commission    of  the   European   Communities  at
        Nouakchott shall be informed without delay.
D. Signing-on of seamen
   1.   With the exception of freezer tuna seiners, each vessel shall employ
        Mauritanian fishermen during its fishing activities in Mauritania's
        fishing zone to make up 35 % of the non-officer crew engaged in
        manning  the vessel or fishing operations. At the request of the
        Mauritanian authorities, one of the seamen taken on board may be an
        officer or a trainee officer whose conditions of presence on board
        (activity, lodging) shall be agreed jointly before sailing between
        the shipowner and the competent Mauritanian authority. A breakdown
        of the composition of the crew between officers and non-officers
        shall be provided when licence applications are lodged.
 ---pagebreak---                               w
   The pay conditions shall be identical to those applicable to seamen,
   officers and trainee officers on Mauritanian vessels.
2. The actual signing-on rate may be less than 35 % but must be greater
   than   25%, otherwise    compensation    of  ECU 200 per month      for each
   seaman    shall   be   paid   by   the   shipowners    to   the  Mauritanian
   authorities    for the number of seamen not employed on board with
   regard to the limit of 35%.       Such compensation shall be used for the
   training of Mauritanian fishermen.
3. At the request of the Mauritanian authorities, each vessel, with the
   exception of freezer tuna seiners, shall take on board a scientific
   observer   within    the  35% limit    referred   to   in  paragraph 1.   The
   captain shall facilitate the task of the scientific observer, whose
   activities may not disturb fishing operations.
4. Shipowners    shall   be  free   to  choose   which   Mauritanian    sailors,
   officers and trainee officers they take on board their vessels. The
   Mauritanian    authorities   shall   therefore   keep   an  up-to-date   list
   containing   an   adequate   number   of  sailors, officers     and   trainee
   officers.
5. Shipowners shall communicate a list of the Mauritanian seamen taken
   on board each vessel to the Ministry for Fisheries and the Economy
   of the Sea every six months.
6. The  employment    contracts   of   these  seamen,   officers   and   trainee
   officers shall be drawn up in Mauritania between the shipowners or
   their   representatives    and those concerned     in agreement     with the
   Mauritanian fisheries authorities. These contracts shall cover the
   social   security   arrangements applicable to the seamen         (including
   life, accident     and sickness insurance). The pay agreed          shall be
   determined in proportion to the period of validity of the licence.
 ---pagebreak---                                i£"
E. Inspection and monitoring of fishing activities
   Any Community vessel fishing in Mauritania's fishing zone shall allow on
   board any Mauritanian official responsible for inspecting and monitoring
   fishing activities and permit him to carry out his duties.
   These officials   should not remain on board any     longer than the time
   required to carry out their duties.
F. Entering and leaving the zone
   Community vessels, except those of less than 150 GRT, fishing under this
   Agreement shall inform the headquarters of the Commande des Pêches (DCP)
   at Nouadhibou of the date, time and their position whenever entering or
   leaving the Mauritanian   fishing zone. In addition, pole-and-line tuna
   vessels  shall  radio  to the  same station  24   hours  in   advance their
   intention  to  fish with  live bait   in the  zones   demarcated   for this
   purpose.
G. Fishing zones
   Community  vessels  shall have access to the    fishing   zones beyond the
   following limits:
   1.   for fishing vessels specializing in crustaceans, with the exception
        of crawfish:
        north of latitude 19°21'N: nine nautical miles from the baseline of
        Cap Blanc-Cap Timiris,
 ---pagebreak---                              \fc
   during  a  period  laid down  annually  by  decree  of  the  Minister
   responsible for sea fishing, fishing is not authorized within the
   lines between the following points:
   20°46'N                         17°03'W,
   19°50'N                         17°03'W,
   19°21'N                         16°45,W,
   south of latitude 19°21'N: six nautical miles from the low water
   mark,
2. for black hake trawlers and bottom longliners and trawlers fishing
   for deepwater demersal species other than hake:
   north of latitude 19°21*N: the line between the following points:
   20°36'N                         17°36,0'W,
   20°03'N                         17°36,0'W,
   19°50'N                         17°12,8'W,
   19°50'N                         17°03,0'W,
   19°04'N                         16°34,0'W,
   south of latitude 19°21'N: 18 nautical miles from the low water
   mark,
3. for vessels fishing for demersal species other than black hake with
   gear other than trawls: 3 nautical miles from the baselines,
4. for pot vessels (crawfish):
   north of latitude 19°21'N: 20 nautical miles from the baselines of
   Cap Blanc-Cap Timiris,
   south of latitude 19°21'N: 15 nautical miles     from the low water
   line,
 ---pagebreak---                                   l>
   5.   for pole-and-line tuna vessels and surface longliners:
        north of latitude 19°21'N: 15 nautical miles from the base lines of
        Cap Blanc-Cap Timiris,
        south of latitude 19°21'N: 12 nautical miles from the low water
        line,
   6.   for freezer tuna seiners:
        north of latitude 19°21'N: 30 nautical miles from the base lines of
        Cap Blanc-Cap Timiris,
        south of latitude 19°21'N: 30 nautical miles from the low water
        line,
   7.   for pole-and-line tuna vessels fishing with live bait:
        north of latitude 19°21'N: three nautical miles from the base lines
        of Cap Blanc-Cap Timiris,
        south of latitude 19°21'N: three nautical miles from the low water
        line.
H. By-catch
   The by-catch (expressed as a proportion of the total weight of the catch)
   may not exceed the following percentages at any time during fishing:
   -    fishing vessels specializing in crustaceans with the exception of
        crawfish:
        20% fish
        15% cephalopods,
        black hake trawlers and bottom longliners:
        35% fish
        0% shrimps and cephalopods,
 ---pagebreak---                              i€
   -     trawlers  fishing for deepwater demersal  species other than black
        hake:
        10%, of which a maximum of 5% shrimps and 5% cephalopods,
   -    vessels fishing for demersal species other than black hake with gear
        other than trawls: 0%.
   It shall   be  forbidden to keep crawfish   on board  vessels other than
   crawfish pot vessels.
I. Authorized mesh sizes
   The minimum mesh sizes authorized are the following:
        fishing vessels specializing in crustaceans with the exception of
        crawfish: 40 mm,
        during the first year of the Protocol, one vessel will experiment
        with the use of a trawl equipped with a 70 mm separator intended to
        protect juveniles; the assessment made by joint agreement between
        the parties concerned will lead to the general use of the method in
        the subsequent years if the results on the protection of juveniles
        and the profitability of fishing operations prove conclusive. If
        this is not the case, the 50 mm mesh will be used from the second
        year of the Protocol,
   -    black hake trawlers: 60 mm,
        trawlers fishing for deepwater demersal    species other than black
        hake:
        60 mm in the first year of application of the Protocol,
        70 mm in the following years,
        vessels fishing for demersal species other than black hake, using a
        fixed gillnet: 120 mm,
        pole-and-line tuna vessels fishing with live bait: 8 mm,
 ---pagebreak---                               (?)
   -    tuna seiners: the standards recommended by ICCAT shall apply.
J. Seizure and detention of vessels
   The seizure or detention, under the terms of Mauritanian legislation, of
   a fishing vessel flying the flag of a Member State of the Community shall
   be the subject of a report to the Delegation of the Commission of the
   European  Communities   in   Mauritania within 48  hours  indicating  the
   circumstances and reasons which led to the seizure or detention.
K. Transhipment of catches
   Transhipment of catches for fishing vessels specializing in crustaceans
   with the exception of crawfish shall be made in Mauritanian ports.
 ---pagebreak---                                                           ï*>
                                                     Appendix I
 I. APPLICANT
    Business name:
    Number and date of registration:
    Commercial registration number:
    Forename and name of person responsible:
    Date and place of birth:         .
    Profession :                                  _
    Address :                             .
    Number of employees:                         Permanent: _                      Temporary:
    Name and address of person responsible:
II. VESSEL
    Name of shipowner:                                                 Type of ship:                       '.
    Registration number:                    ^^_                                   M            ,
    Home port:                         «-^-                           ..               ..
    New name:                                               Former name: ~-
    Date and place of construction:             :                   ',     ....                    _     „
    Modifications: to the structure: .                  .. to the equipment:
    Nationality of origin:             —                    Current nationality:                         -
    Date of acquiring current      flay:       _                                          ;
    Classification bureau:                  .                                                    »
    Length overall:              —      Breadth:                                Draught:
                                                     GRT -               ~          „.      „                 NRT
    Make of main engine:                                    Type:         _
    HP of engine:             „
    Engine No:                                   _                                                    „
    Propeller: fixed pitch   Q    Controllable pitch       D    Nozzle       D
    Maximum speed:              ~.—„          —-     —
    Radio: call sign:                                       Frequency:
    Detection, navigation and transmission equipment:
    Radar             O      Sonar                  D     Sounder/headline/Net Sonde          O
    VHF                O     SSB                    D     Navigation: satellite               O      Other      D
 ---pagebreak---                                                9LA
     Crew:
     Name of master:
     Number of seamen: Total:
                             Mauritanian:
III. PRESERVATION METHOD
     Ice LJ      Ice 4- refrigeration LJ
     Freezing:      In brine D          Dry O In cold water Q
     Total refrigeration capacity:
     Freezer capacity per 24 houn in tonnes:
     Hold capacity:
IV. TYPE OF FISHING FOR WHICH AUTHORIZATION IS SOUGHT
     — Crustaceans, type: .-      .....
     — Black hake:
     — Pelagic species:
     — Tuna:
     — Gear and mesh used:
 V. OTHER
     — Live bait fishing:
     — Gear and mesh used:
     — Period of validity sought:
     — Date of application:
     — Name and signature:
 ---pagebreak---                                                                                                                                                                                                         Appendix .7                                                                                                 Fishing modaJrties
                                                                                                                                                                                        TUNA BOATS FISHING LOG BOOK                                                                                                 D   Longlme
                                                                                                                                                                                                                                                                                                                    D   Bart boat
                                                                                                                                                                                                                                                 Month     Day     Year              Port                           •   Purse seiner
 Vessel name:                                                                                                                  Gross tons: .. ..
                                                                                                                                                                                                                      Boat LEFT:                                                                                    Q   Trawling
 Flag counïry:                                                                                                                 Capacity (TW):
                                                                                                                                                                                                                      Boat                                                                                          D   Others
 Registration No: ....                                                                                                         Captam                                                                                 RETURNED:
 Compan* cf owner:                                                                                                             No of crew.
                                                                                                                                                                                                                                                          NO Of
 Address:                                                                                                                      Reporting date                                                                                                             fishing days:
                                                                                                                                                                                                                      No of days                          NO Cf                                          Trip
                                                                                                                               Reported by:
                                                                                                                                                                                                                      at sea:                             sets made:                                     number
       Dates                                 Area                                                                                                                                                                           Catches                                                                                                       |        Bart used
     L'ty/monlh
                                                                                             Bluefin tuna                  Yeliovfin tuna             Bigeye tuna              Albacor*            Swordftsh               White martn                              Saitts.i          Skipjack
                                                                                                                                                                                                                                                 Black martin                                            MisceSaneous                                             a
                                                            Longi-
                          Sot No
                                                                                               Thunnus                        Thumus                    Thunnus                Thunnus              XiphUs                 Tetnptunus                            lsfiop..orus       Kitsowonus                              Dairy total
                                       Lhtrtuoe                                                                                                                                                                                                                                                              fisr>es                          2-       •o                  S
                                                             tude                              rrmccoy                       aJ&iCtres                  ot<esus                aWunçt               gi»dius                   MUCUl                                   SOP-             pelMmts                                                                    e
                                       N of S                                                                                                                                                                                                                                                                                                 •        "5
                                                            E Of W                                                                                                                                                                                                                                                                                      o-
                                                                                                                                                                                                                                                                                                                                                       w          >        5
                                                                                             No              kg             No i      kg          I No            kg           No        kg        No            kg        No       ^            NO       kg     No       kg        No          kg        No       -3       No       kg
                                                                                                     i
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                                        Landing weight ( n » ;                                       ;                 |         |            j           J            '            j         j                                 !            1        !               1         !           i        i         •        !        i                 :
                                                                                                                                                                                                                                                                                                                                                   i                  ':       !:
 ---pagebreak---                                                                                                  AppefxSx W
       tefaaralc RepwbSc erf Mauritania
       RSHiNG LOG BOOK
                                                                                                                                                      Day           Worrt?i         Ysstf                  Hour
       Name of the bc*t ('}                                                  Boat left C)                                         Data (*)
       RacSo signai (')
       Name of the Captain (*)                                               Boat relumed (*)                                     Daia (*)
       Gear H                                                  Gear coda (*)                          Uesh D                        Gear dimension { " )
                                                                                                                                                                                  Sçraîunî of the captsàn (")
            Head Ho 2                                                                      Head No 3       Caned b t 'A' or *8* V not used                                                        Head No 4
Data   SlidH&cd      No erf     Duration of                                                Estimated fished quenffies by spedes fkpj ('*]                                                  Total      Tot*      Total
                    fjhrig      ffia tehery                                                                                                                                              weuyht of weight of iwetgrj o*
                   Operations                                                                  (or comments en Interruption of fishery}                                                   catches    frcian
en         n          C*)            n       Horse                       Ancho- Uadtanrf Frostfish                     F ¥ * see
                                                                                                                                                                                            OcB)       (*s>     P«3}
                                                       Sardines Sardnaaa                               Tuna    Katse
                                                                                                                         bream
                                                                                                                                   Squid   CuCJefish Octopus Shrimps Crawfish Other fish
                                            niacfcetal
                                                                                                               Other                                   MtsceL
                                                                         Carabl-    Other              Pr*              Angler                                  kftscei.
                                            Crawfish    Prawn    Aistaoo neros     shrimp* Afcecora crawfish crusta-
                                                                                                               ceans
                                                                                                                          fish
                                                                                                                                   Haka    Other fist1 cepha-
                                                                                                                                                       lopods   she*sh                      n          C'T       n
                                                                                                                                                                                       ,          !                    !
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 ---pagebreak---           Islamif "-public of Mauritania
                                                                                                        Appendix Ilia
          LANDING/*r--ANSHlPMENT DECLARATION
(A) Name of the boat
                                                                                                                               Day    Month            Year    Hour
    Radio signal                            —
                                                                  Boat left                                       Date      i
    Name of the Captain
                                                                  Boat returned                                   Date
         IN CASE OF TRANSHIPMENT
                                                                                                                                                                                           " i
         NATIONALITY              RADIO SIGNAL         NAME OF RECEIVING VESSEL                                                                                                              i
       î        ••           !                     i                                                                               Signature of the captain of the fishing vessel
                                                   1                               1
          INDICATE NET WEIGHT IN KILOGRAMS
                                 Commercial    Presen-       Net              Selling     Currency                     Commercial  Presen-          Net                Selling
           Species                                                                                     Species                                                                      Currency
                                 category      tation       weight             price                                      category tation           weight             price
                 (B)                 (C)           (D)          (E)                 (F)     (G)           (B)                 (C)          (D)           (E)                 (F)       (G)
                      s
                                                                                                                                                                                  s
                                                                                                                                                                                  i
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 ---pagebreak---                                 %F
           FINANCIAL STATEMENT
                                                          DATE
1. BUDGET HEADING     B7 - 800                      APPROPRIATIONS
2. TITLE : New EC/Mauritania
3. LEGAL BASIS : EC/Mauritania agreement
4. AIMS OF PROJECT : Protocol for a period of 3 years
5. FINANCIAL IMPLICATIONS                PERIOD OF 12     CURRENT      FOLLOWING
                                             MONTHS      FINANCIAL     FINANCIAL
5.0. EXPENDITURE                                         YEAR (93)     YEAR (94)
     - charged to the EC budget
       (refunds/intervention)
     - national administration                          8666666 ECU    8666666 ECU
     - other                                            (annual ,      (annual
                                                          average)        average)
5.1. REVENUE
     - own resources of the EC
       (levies/customs duties)
     - national
                                             1993      1994       1995
5.0.1. ESTIMATED EXPENDITURE               8666666    8666666    8666666
5.1.1. ESTIMATED REVENUE                   (annual average)
5.2. METHOD OF CALCULATION : - financial contribution : 26.000.000 ECU
                             Average annual cost        :   8.666.666 ECU
6.0. CAN THE PROJECT BE FINANCED FROM APPROPRIATIONS ENTERED IN
     THE RELEVANT CHAPTER OF THE CURRENT BUDGET ?                          YES/iiO.
6.1. CAN THE PROJECT BE FINANCED BY TRANSFER BETWEEN CHAPTERS
     OF THE CURRENT BUDGET ?                                               YES/tfA.
6.2. IS A SUPPLEMENTARY BUDGET NECESSARY ?                                 ¥BSyNO
6.3. WILL FUTURE BUDGET APPROPRIATIONS BE NECESSARY ?                      YES/
OBSERVATIONS
 ---pagebreak---                                            u>
                                                                      ISSN 0254-1475
                                                               COM (93) 370 final
                                                      DOCUMENTS
EN                                                                          03 ii
                                 Catalogue number : CB-CO-93-403-EN-C
                                                             ISBN 92-77-58276-6
Offîce for Offîcial Publications of the European Communities
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