CELEX: 51989PC0073
Language: en
Date: 1989-03-09
Title: Proposal for a COUNCIL REGULATION (EEC) on the conclusion of the Agreement between the European Economic Community and the Government of Mauritius in Mauritian waters (presented by the Comission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (89) 73
Vol. 1989/0024
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983 concernant
l'ouverture au public des archives historiques de la Communauté économique européenne et de
la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983, p. 1) modifié en dernier
lieu par le règlement (UE) 2015/496 du Conseil du 17 mars 2015 (JO L79 du 25. 3.2015, p. 1), ce
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In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983 concerning
the opening to the public of the historical archives of the European Economic Community and the
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Regulation (EU) 2015/496 of 17 March 2015 (OJ L 79, 27.3.2015, p. 1), this file is open to the
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on the security rules for protecting EU classified information.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1. Februar
1983 über die Freigabe der historischen Archive der Europäischen Wirtschaftsgemeinschaft und
der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983, S. 1), zuletzt geändert durch die
Verordnung (EU) Nr. 2015/496 vom 17. März 2015 (ABI. L 79 vom 25.3.2015, S. 1), ist dieser Akt
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2015/444 vom      13.   März 2015     über die   Sicherheitsvorschriften für den Schutz von  EU-
Verschlusssachen als herabgestuft angesehen.
 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                     (                      COM(89 ) 73 final
                                                            Brussels , 9 March 1989
                                       Proposal for a
                               COUNCIL REGULATION ( EEC )
   on the conclusion of the Agreement between the European Economic Community
                       and the Government of Mauritius in
                                    Mauritian waters
                          ( presented by the Comission )
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 ---pagebreak---                               EXPLANATORY MEMORANDUM                      C>) } 5
Given the interest of Community fleets in fishing in the Indian Ocean and
following the agreements already reached by the Community with certain states
 in the region , namely the Seychelles , Madagascar , Mozambiqu0 and the Comoros
 Islands , negotiations took place in Port Louis from 21 to 23    ovember 1988
between the Community and Mauritius with a view to reaching a i shing
agreement •
The negotiations were successful , and a fishing agreement between the
Community and Mauritius was initialled in Port Louis on 23 November .     The
Agreement provides the following fishing opportunities :
- Ocean going tuna seiners    :  40 vessels over a period of three years
- vessels fishing by line     : 100 GRT/ month on an annual average over a
                                period of three years
- vessels carrying out
   experimental fishing for crustacea : 1200 GRT/month on an annual average
                                          over a period of 18 months .
The first part of the financial compensation for fishing opportunities is the
Community' s financial contribution of 400 000 Ecu a year for a period of three
years . If annual tuna catches exceed 7500 tonnes , the financial compensation
will be increased proportionately . In addition , the Community will pay
150,000 Ecu for the 18 months experimental campaign for crustacea .
The second part , for shipowners' licence fees , is set as follows :
- for tuna seiners       :   20 Ecu per tonne caught
- for fishing by line :      60 Ecu per GRT per annum pro rata temporis
- for vessels carrying out experimental fishing for crustacea : 25 Ecu per GRT
per annum .
Community financial compensation also includes a 480 000 Ecu contribution for
three years to finance scientific and technical programmes intended to
increase knowledge of fish stocks and fisheries in general and 120 000 Ecu for
study or training awards in subjects relating to fisheries .
The Commission therefore proposes that the Council should , without delay and
after consulting the European Parliament , approve the Agreement between the
European Economic Community and Mauritius on fishing in Mauritian waters , by
adopting the Regulation attached hereto .
 ---pagebreak---                           proposai for a Council Régulation
on the conclusion of the Agreement between the European Economic Community and
the Government of Mauritius in Mauritian waters .
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Community , and
in particular Article 43 thereof ,
Having regard to the proposal from the Commission ,
Having regard to the opinion of the European Parliament , ( 1 )
Whereas the Community and Mauritius have negotiated and initialled an
Agreement on fishing which provides fishing opportunities for Community
fishermen in waters over which Mauritius has sovereignty or jurisdiction ;
Whereas it is in the Community 's interest to approve this Agreement ,
HAS ADOPTED THIS REGULATION :
                                    Article 1
The Agreement on fishing between the European Economic Community and the
Government of Mauritius is hereby approved on behalf of the Community .
The text of the Agreement is attached to this Regulation .
( 1 ) OJ N 0
                                                                        3
 ---pagebreak---                                       - 2 -
                                    Artide 2
The President of the Council is hereby authorized to designa 3 the persons
empowered to sign the Agreement in order to bind the Community .
                                    Article 3
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 .
Done at Brussels ,
                                                  For the Council
                                                    The President
                                   C
                                                                         4
 ---pagebreak---                                                               <
                              DRAFT
                           AGREEMENT
          BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND
 THE GOVERNMENT OF MAURITIUS ON FISHING IN MAURITIAN WATERS
                                                            S
;
 ---pagebreak---  THE EUROPEAN ECONOMIC COMMUNITY ,
           hereinafter referred to as the " Community-",_and
 JHE GOVERNMENT OF MAURITIUS ,
           hereinafter referi’ed to as Mauritius
 CONSIDERING the spirit of co-operation resulting from the ACP-EEC
 Convention and the good co-operation relations which exist between
 the Community and Mauritius ;
 CONSIDERI NG the wish of Mauritius to promote the rational–--
 exploitation of the fishery resources by means of intensified
 co-operation ;
 RECALLING that the Community and Mauritius are signatories to the
 United Nations Convention on the Law of the Sea and that , in
 accordance with that Convent ion , Mauritius has established an
 exclusive economic zone extending 200 nautical miles from its
 shores within which it exercises its sovereign rights for the
 purpose of exploring , exploiting , conserving and managing the
 resources of the said zone , in accordance with the principles of
 international law ;
 DETERMINED to conduct their relations in a spirit of mutual trust
 and respect for each other’s interest in the sphere of sea
 fishing ;
 DESIROUS of establishing the terms and conditions governing
 activities of common interest to both parties
7
                                                               G
 ---pagebreak---                                           2
    HAVE AGREED AS FOLLOWS  :
                                      Article 1
    The purpose of this Agreement, is to establish the principles and rules
    which will in future govern , in all respects , the fishing activities of
    vessels flying the flag of a Member State of the Community , hereinafter
    referred to as " Community vessels" , in the waters over which Mauritius has
    sovereignty or jurisdiction in respect of fisheries , hereinafter referred
    to as the " waters of Mauritius" , in accordance with the provisions of the
    United Nations Convention on the Law of the Sea and other rules of
    international law .
                                      Article 2
    Mauritius shall permit fishing by Community vessels in the waters of
    Mauritius in accordance with this Agreement .
                                      Article 3
1 . The Conmunity undertakes to take all necessary steps to ensure that
    Community vessels observe the provisions of this Agreement and the laws
    relating to fishing in the waters of Mauritius consistent with the
    provisions of the United Nations Convention on the law of the Sea and other
    rules of international law .
2 . The authorities of Mauritius shall notify the Commission of the European
    Communities of any proposed change to the said laws .
                                                                     7     "O
 ---pagebreak---                                          3
                                     Article 4
1 . Fishing activities by Community vessels in the waters of Mauritius under
    the present Agreement shall be subject to possession of a fishing licence
    issued at the Community 's request by the authorities of Mauritius .
2 . The issue of    licence shall be subject to payment of the licence fees by
    the shipowners concerned .
3 . The formalities for making applications for licences , the amount of the fee
    and the methods of payment shall be as specified in the Annex .
                                     Article 5
    The Parties undertake to coordinate action , either directly or within
    international organizations , to ensure the managanent and conservation of
    the living resources in the Indian Ocean , especially highly migratory
    species , and to facilitate the relevant scientific research .
                                     Article 6
    In return for the fishing opportunities accorded under Article 2 the
    Community shall pay a financial contribution to Mauritius in accordance
    with the provisions of the Protocol^ without prejudice to the financing for
    which Mauritius is eligible under the ACP-EEC Convention .
                                    Article 7
1 . Should the authorities of Mauritius decide , as a result of developments in
    the state of stocks , to take conservation measures which affect the
    activities of Community vessels , consultations shall be held between the
    Parties in order to adapt the Annex and Protocols attached to this
    Agreement. .
2 . Such consultations will be based on the principle that any substantial
    reduction of the fishing rights provided for in the Protocols shall lead to
    an equivalent reduction of the financial contribution to be paid by the
    Community .
 ---pagebreak---                                    4
  ( 3 ) Any conservation measures taken by the authorities of
  Mauritius shall apply equal 1 v o i. umiiiun i. L > ,imJ other third country
  vessels without prejudice to special arrangements between
  developing states within Ihe name geographical area , including
  reciprocal fishing arrangements .
                                 Art Le le  8
                                                                               «
  1 . The Parties agree to consult on questions relating to the
  Implementation and proper functioning of this Agreement . To this
  effect a Joint Committee is hereby established .           The Committee
  shall meet at the request of either Party .
  2 . In the event of a dispute concerning the interpretation or
  application of the Agreement , such dispute shall be the subject of
  consultation between the Parties .
                                 Article 9
  Nothing in this Agreement shall affect or prejudice in any manner
  the view of either Party with respect to any matter relating to
  the Law of the Sea .
                                Article    10
  This Agreement shall apply , on the one hand , to the territories in
  which the Treaty establishing the European Economic Community is
  applied and under the conditions laid down in that Treaty and , on
  the other hand , to the territory of Mauritius .
                                Article    11
  The Annex and the Protocols to this Agreement form an integral part
  thereof and , unless otherwise specified , a reference to the
  Agreement shall constitute a reference to them .
                                                                3
?
 ---pagebreak---                                    5
                                Article   12
1 . The Agreement shall be concluded for an initial period of three
years from the date of its entry into force .       Unless one of the
Parties terminates it by giving notice to that effect at least six
months before the date of expiry of the three year period it
shall remain in force for furl her periods of three years unless
denounced by notice given at least three months before the date of
expiry of each such three year period .
2 . In the event of a Conti’ .act i ng Party giving notice denouncing
the Agreement , the Contracting Parties may enter into
negotiations .
3 . Before the end of the period of validity of the Protocol , the
Contracting Parties shall enter into negotiations to determine by
common agreement the terms of the Protocol for the following
period and , where appropriate , any necessary amendments or
additions to the Annex .
                                 Article 13
This Agreement , drawn up in duplicate in the Danish , Dutch ,
English , French , German , Greek , Italian , Portuguese and Spanish
languages , each of these texts being equally authentic , shall
enter into force on the first day of the month following
signature .
                                                          70        {
 ---pagebreak---                                                                 ANNEX
Conditions for the pursuit of fishing activities by Community vessels in
the waters of Mauritius .
1 . Licence application and issuing formalities
    The application procedure for , and issue of , the licences enabling
    Community vessels to fish in the waters of Mauritius shall be as follows :
    a) The Commission of the European Communities shall present to the
    authorities of Mauritius via the representative of the Commission of the
    European Communities in Mauritius an application , made by the shipowner ,
    for each vessel that wishes to fish under this Agreement , at least 20 days
    before the date of commencement of the period of validity reauested . The
    application shall be made on the forms provided for .that purpose by
    Mauritius , a specimen of which is annexed hereto .
    b ) Every licence shall be issued to the shipowner for one designated
    vessel . At the reguest of the Commission of the European Communities the
    licence for a vessel may and , in cases of force majeure , shall be replaced
    by a licence for another Community vessel .
    c ) The licences shall be delivered by the authorities of Mauritius to the
    representative of the Commission of the European Communities in Mauritius .
    d ) The licence document must be held on board at all times .
    e) The authorities of Mauritius shall communicate before the date of entry
    into force of the agreement the arrangements for payment of the licence
    fees , and in particular the details of the bank account and the currency to
    be used .
2 . Validity of licences and payment provisions for tuna vessels
    a ) Licences shall be valid for a period of one year . They are renewable .
                                                             ''M         •'"Â)
 ---pagebreak---                                   2
   ( b ) The fees shall be set at 20 ECU per tonne caught within the
   waters of Mauritius .   Applications for licences for tuna vessels
   shall be issued following advance payment to Mauritius of a lump
   sura of 1000 ECU a year Cor each tuna seiner , equivalent to the
 . fees for 50 tonnes of tuna caught within the waters of Mauritius
   per year . A provisional statement of the fees due for the fishing
   year 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 the shipowners and forwarded
   simultaneously to the authorities of Mauritius and the Commission
   of the European Communities . The corresponding amount shall be
   paid by the shipowners to the Treasury of Mauritius no later than
   31 March of the following year . The final statement of the fees
   due in respect of a fishing year shall be drawn up by the
   Commission of the European Communities , taking into account
   available scientific opinion and any statistical data which can be
   gathered by ORSTOM , the Spanish Oceanographic Institute and any
   international fishing organisations in the Indian Ocean . The
   shipowners shall be notified by the Commission of the European
   Communities of the statement and shall have 30 days in which to
   meet their financial obligations .    If the amount of the sum due
   for actual fishing operations is less than the advance payment ,
   the corresponding outstanding sum shall not be recoverable by the
   shipowner .
   3 . Validity of licences and payment provisions for other vessels
   ( a ) For vessels fishing by line ( except longliners ), licences
   shall be valid for 3 , 6 or 12 months . The annual fees shall be
   fixed in relation to the GRT as follows :    60 ECU per GRT pro rata
   temporis .
   ( b ) For vessels carrying out experimental fishing for Crustacea
   under the provisions of Protocol 2 , the fees shall be fixed at 25
   ECU per GRT per annum .
   4.   Observers
   All vessels above 50 GRT shall , at the request of the authorities
   of Mauritius , take on board an observer designated by these
   authorities in order to check catches made in the waters of
   Mauritius . Observers shall have all facilities necessary for the
   performance of this duty including access to places and
   documents . An observer must riot be present for longer than the
   time required to fulfill his duties .    They shall be provided with
   suitable food and accommodation while on board . Should a vessel
   with a Mauritian observer on board leave the waters of Mauritius ,
   every step will be taken to ensure that the observer returns to
1                                                        44
 ---pagebreak---                                   3
  Mauritius as soon as possible , at the shipowner’s expense .
  5 .  Radio Communication and reporting
. Vessels above 50 GRT shall communicate to a Radio station ( the
  name , call sign and frequency of which shall be specified in the
  licence ) the volume of catches on board when entering and leaving
  Mauritian waters .
  The captains of all vessel .- including \ essels fishing by line
  shall complete a fishing report form which will indicate
  the date , the vessel’s position , and the quantity and species of
  fish caught . Tuna vessels shall also provide the number of sets
  and the quantity of tuna caught per species . These forms shall be
  forwarded to the Authorities of Mauritius not later than 3 weeks
  after the vessel’s return to port . However , in the case of
  vessels fishing by line these reports shall be sent not later than
  one month after the end of each quarter .
  6.  Fishine zones
  Community vessels may fish in the waters of Mauritius except
  within a distance of 12 nautical miles measured from the
  baseline .  Vessels fishing by line are only authorised to fish in
  their traditional grounds namely , Soudan Bank , East Soudan Bank ,
  St.  Brandon and Nazareth Bank .
  However , for a period of 12 months from the date of entry into
  force of this Agreement , tuna vessels shall be permitted to fish
  up to 5 miles from the baseline around the Agalega Islands . This
  derogation will be reviewed at the first meeting of the Joint
  Committee .
  7.   Landing Possibilities
  Community tuna vessels using the facilities of Port Louis shall
  endeavour to sell part, of their catch to the Mauritian tuna
  canning industry at a price to be fixed in common agreement
  between Community shipowners and the owners of the Mauritian tuna
  canning industry .
                                                       ■U
 ---pagebreak---                     APPLICATION FOR A FOREIGN FISHING VESSEL LICENCE
  Name of applicant :
  Address of applicant :
  Name and address of charterer
  of vessel if different from above :
  Name and address jaf Agent in Mauritius ( if any) :
  Name of vessel :
  Type of vessel :
  Country of registry :
  Port and registration number :
  Fishing vessel external identification :
  Radio call sign and frequency :
  Length of vessel :
  Width of vessel :
  Engine type and power :
  Gross registered tonnage of vessel :
  Net registered tonnage of vessel :
  Minimum crew complément :
  Type of fishing practised :
  Proposed species of fish :
  Period of validity requested :
  I certify that the above particulars are correct .
                                                              Signature :
  Date :
-,                                                                   ^
/
 ---pagebreak---                         PROTOCOL      I
   ON THE FISHING OPPOR TUN I TIE S ACCORDED BY MAURITIUS
AND THE FINANCIAL CONTRIBUTION ACCORDED BY THE COMMUNITY
                         Article    1
    Pursuant to Article 2 of the Agreement , and for a period
    of three years from the date of its entry into force , the
    following fishing possibilities shall be accorded :
      for ocean-going tuna seiners : licences for 40 vessels
      for vessels fishing by line ( except longliners ):
      licences for 100 GRT / month on an annual average .
    These fishing possibilities may , at the Community’s
    request , be increased by the Joint Committee referred to
    in Article 8 of the Agreement .
                         Article    2
    The financial compensation referred to in the Agreement
    for the above mentioned period is fixed at 1,200,000 ECU ,
    payable in three annual instalments .
    In the case of tuna fishing , this compensation shall
    cover a catch weight in waters of Mauritius of 7500
    tonnes of tuna fished per year .     If the annual amount of
    tuna caught by Community vessels in the waters of
    Mauritius exceeds this quantity , the abovementioned
    compensation shall be increased by 50 ECU for each
    additional tonne caught .
    The use to which this compensation is put shall be the
    sole competence of Mauritius .
    The financial compensation shall be paid into an account
    opened at a financial institution or other body
    designated by Mauritius .
                                                    As
 ---pagebreak---                          2
                     Artide 3
The Community shall also pay a contribution of 480,000
ECU   towards the financing of scientific and technical
programmes ( including equipment , infrastructure , etc .) in
order to improve knowledge of fish stocks and fisheries
in general .
The competent authorities of Mauritius shall send to the
Commission a brief report on the utilisation of the
funds .
The Community’s contribution to the scientific and
technical programmes shall be paid on each occasion into
an account specified by the authorities of Mauritius .
                     Article 4
The two Parties hereby agree that an essential condition
for the success of their cooperation is that the skills
and know-how of persons engaged in sea fishing be
improved . To this end , the Community will assist
Mauritian nationals in finding places in establishments
in its Member States or States with which it has
concluded cooperation agreements and will make available
an amount of 120,000 ECU for study or practical training
awards with a maximum duration of 5 years in the various
scientific , technical and economic subjects relating to
fisheries . Of this amount , up to 40,000 ECU may be used ,
at the request of the Mauritian authorities , to cover the
cost of attending international meetings relating to *
fisheries .
                     Article 5
Should the Community fail to make the above payments , the
Agreement on fishing may be suspended .
                                               Ίέ,
 ---pagebreak---                             PROTOCOL  2
               ON EXPERIMENTAL FISHING FOR CRUSTACEA
                             Article  1
Pursuant to Article 2 of the Agreement., and for a period of 18
months from the date of its entry into force , authorisations to
fish in the waters of Mauritius for Crustacea shall be granted , in
the context of reconnaissance campaigns , for up to 1200 gross
registered tonnes per month on a annua L average .
                             Artic le 2
Without prejudice to Protocol 1 , the financial contribution
referred to in Article 7 of the Agreement shall be fixed at a flat
rate of 150,000 ECU for the duration of the reconnaissance
campaigns .
                             Article 3
Before expiry of the period referred to in Article 1 the Parties
will consult each other within the Joint Committee referred to in
Article 8 of the Agreement in order to determine , in the light of
the results of the reconnaissance campaigns which will be
communicated to the authorities of Mauritius , fishing
opportunities for Crustacea for the remaining 18 months of the
first period of application provided for in Article 12 of the
Agreement and the corresponding Community compensation .
                                                    n
                                                                    D
 ---pagebreak---                        FINANCIAL              RTATFMI5NT
                                                                                     IWTr. i
     1 . RUDCLT LINS CONCUUED I
    2. ACTION I           EEC / MAURITIUS FISHING AGREEMENT
    3 . LEGAL BASIS I                   . .
                          EEC / Mauritius Agreement on fishing in Mauritian waters
   4. OBJECTIVE! i Agreement , Protocols and Annex covering a period of three years
                         - financial compensation - fishing rights
                         - financing of a scientific programme
j 5. PINAlici AL CONSEÇVUICE                   l"OR TUE KAKXETINO TEAR
   5.0 EXPENDITURE
                                                                        CURRENT ^N^CIAL TEAR  rcLLcv; y 3 PINANC : AL TSAR
         -CHARGED TO TUB EC BU DC ET
          ( RKFUIJIS/I NTER VENTI ONS )                                   750 000 ECU            600 000 ECU
        -CHANCED TO NATIONAL A DSI NI STR .
         -CJIAACED TO OTHF3 NATI ON AL CROUPS
  5.1 RECEIPTS
        •4WN n::;oimc:s OP TUE EC                                                  -
          ( LEV] FT/ CUSTOS DUTI ES )
        -NATIONAL
                                                          T95y
                                               ТЕЛЯ .                  TEAR A??.Q . .        TEAR
  5.0.1 PUURIANNUAL PATTERN OP EXPdDITURE           75Q QQQ E (-y              600 000 ECU          600 000 ECU
  5.1.1 PLURI ANNUAL PATTERN OP RECEIPTS
                                                     ( average )               ( average )          ( average )
 5.2 KLTiioa OP CALCOLATICI - Financial compensation - total cost : 1200 000 ECU
                                                                  - annual cost : 400 000 ECU
     - Flat-rate compensation for experimental campaigns : 150 000 ECU
     - Financing of scientific programme : 480 000 ECU over three years , averaging
                                                            160 000 ECU per year
     - Fellowships -: 120 000 ECU over three years , averaging 40 000 ECU per year .
 6.0 FINANCING POSSIBLE KITH CREDITS INSCRI3ED IN RELEVANT CHAPTER OP CURRENT BUDSET T                    MMH        YES
 6.1 FI MANCINO POSSI BUI BY TRANSFER B-T..EEN 0ΗΑΓΤΕΗ3 CF CURRENT B'J DC ET 7                          mini YES           .
 6.2 NLCFSS1 7Y FOR A SUITU:.SC.TARY BUDGET T                                                             Hill NO
 6.3 CR-DITS TO BE KRITTEI INTO FUTURE BUDCETS T                                                         nin YES
                                                                                                                           1
                                                                                                                           I
 ---pagebreak--- COMPETI IVENESS ANO EMPLOYMENT IMPACT STATEMENT
The object of this measure is to obtain fishing possibilities for
Community fishermen . It will involve undertakings in certain
obligations ( e.g. the payment of licence fees ) but these will be clearly
outweighed by the benefit of   increased employment which will result .
  RAPPORT DE L' IMPACT SUR LA COMPETITIVITE ET L' EMPLOI
  L' objet de cette mesure est d' obtenir des possibilités de pêche pour
  les pêtheurs de la Communauté .
  Cela iiplique l' engagement dans certaines obligations ( entre autres
  paieme t des redevances de licences ) mais celles-ci seront nettement
  dépassées par le bénéfice de l' augmentation de l' emploi .
                                                              '>3