CELEX: 51987PC0392
Language: en
Date: 1987-09-11
Title: Proposal for a COUNCIL DECISION on the conclusion of an Agreement in the form of an exchange of letters concerning the provisional application of the Agreement between the European Economic Community and the Islamic Republic of Mauritania on fishing off the coast of Mauritania#Proposal for a COUNCIL REGULATION concerning the conclusion of the Agreement between the European Economic Community and the Islamic Republic of Mauritania on fishing off the coast of Mauritania and adopting provisions for its application#(presented by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (87) 392
Vol. 1987/0213
 ---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
dossier est ouvert au public. Le cas échéant, les documents classifiés présents dans ce dossier
ont été déclassifiés conformément à l'article 5 dudit règlement ou sont considérés déclassifiés
conformément aux articles 26(3) et 59(2) de la décision (UE, Euratom) 2015/444 de la
Commission du 13 mars 2015 concernant les règles de sécurité aux fins de la protection des
informations classifiées de l'Union européenne.
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
European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as last amended by Council
Regulation (EU) 2015/496 of 17 March 2015 (OJ L 79, 27.3.2015, p. 1), this file is open to the
public. Where necessary, classified documents in this file have been declassified in conformity
with Article 5 of the aforementioned regulation or are considered declassified in conformity with
Articles (26.3) and 59(2) of the Commission Decision (EU, Euratom) 2015/444 of 13 March 2015
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
der Öffentlichkeit zugänglich. Soweit erforderlich, wurden die Verschlusssachen in diesem Akt in
Übereinstimmung mit Artikel 5 der genannten Verordnung freigegeben; beziehungsweise werden
sie auf Grundlage von Artikel 26(3) und 59(2) der Entscheidung der Kommission (EU, Euratom)
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(87 ) 392 final
                                                Brussels , 11 September 1987
                                   Proposai for a
                                  COUNCIL DECISION
        on the conclusion of an Agreement in the form of an exchange
           of letters concerning the provisional application of the
          Agreement between the European Economic Community and the
                       Islamic Republic of Mauritania on
                       fishing off the coast of Mauritania
                                   Proposai for a
                                 COUNCIL REGULATION
            concerning the conclusion of the Agreement between the
                      European Economic Community and the
                   Islamic Republic of Mauritania on fishing
                        off the coast of Mauritania and
                    adopting provisions for its application
                          ( presented by the Commission )   /-S*;
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C0M(87 ) 392 final
 ---pagebreak---                                                                                    t
                                EXPLANATORY MEMORANDUM
1 . The fisheries cooperation agreement concluded between Portugal and
    Mauritania on 6 January 1984 covered an initial period of three years and
    was renewable for successive periods of one year . Although the Council
    decision of 22 December 1986^ authorized Portugal to extend its agreement
    with Mauritania for the period 6 January 1987 to 5 January 1988 , the two
    parties only agreed to extend the protocol of application until
    31 March 1987 .
    On 6 April 1982 Spain and Mauritania signed a framework fisheries agreement
    for a period of three years , renewable by tacit agreement for successive
    periods of one year . The two parties were unable to agree on a protocol of
    application for the period from 1986 . Spain gave notice of termination on
    5 December 1986 and the agreement expired on 6 April 1987 .
    The     Council  Decision of   7 December 1977  laid down  directives for  the
    negotiation of a fisheries agreement between           the  European  Economic
    Community and the Islamic Republic of Mauritania .
2 . Negotiations were held in Brussels from 12 to 14 May 1987 and a fisheries
    agreement between the European Economic Community and the Islamic Republic
    of Mauritania was initialled on 14 May 1987 .
    The agreement is for an initial period of three years , with the possibility
    of renewal for further successive periods of 2 years .
    The protocol provides the following fishing opportunities for the period
    1 July 1987 to 30 June 1990 :
    ( a ) Specialized vessels
    1 . lobster boats                          3 500 GRT
    2 . shrimn boats                          10 000 GRT
    3 . black hake trawlers                   15 000 GRT
     ( b ) Coastal pelagic species
    1 . pelagic seiners                        2 000 GRT
    2 . non-industrial pelagic seiners         3 500 GRT
1
   0J No L 376, 31.12.1986, p. 111 .
 ---pagebreak---     Cc ) Highly migratory species
    1 . pole-and- line tuna vessels         41 vessels
    2 . surface longliners                   4 vessels
    By way of derogation, Community vessels fishing lobster may use gill nets
    for a total tonnage of no more than 873 6RT in the first year of the
    Protocol 's application .
    Pole-and- line tuna vessels are also authorized to fish for the live bait
    needed for their fishing season ,    subject to the restrictions ( zones and
    mesh ) set out in the Annex .
3 . In accordance with the recent statement by the Government of Mauritania on
    the development of the fisheries sector , fishing for demersal species is
    reserved exclusively for Mauritanian vessels .
    However , should Mauritania decide to reopen fishing for demersal species to
    non-Mauritanian vessels , fishing opportunities could then be offered to
    Community vessels .
4 . Financial compensation from the Community will be 6 750 000 ECU a year .
    The Community will contribute 600 000 ECU towards the financing of
    Mauritania 's scientific and technical programmes aimed at increasing
    knowledge of fisheries resources and will fund six five-year study awards
    for the training of Mauritanian nationals in various fisheries-related
    scientific , technical and economic disciplines .
    The shipowners' contribution will be 20 ECU per tonne caught in the case of
    tuna fishing and a flat rate based on gross registered tonnage for other
    types of fishing .
 ---pagebreak--- 5 . On the above basis the Commission proposes that as soon as possible the
    Council :
    (a ) approve the Agreement in the form of an exchange of letters concerning
          the provisional application of the Agreement between the European
          Economic Community and the Islamic Republic of Mauritania by adopting
          the decision attached hereto ;
    ( b ) after consulting Parliament , approve the Agreement between the European
          Economic Community and the Islamic Republic of Mauritania concerning
          fishing off the coast of Mauritania by adopting the Regulation attached
          hereto .
 ---pagebreak---                                               PROPOSAL
                                  FOR A COUNCIL DECISION
on the conclusion of an Agreement in the form of an exchange of letters
concerning the provisional application of the Agreement between the European
Economic Community and the Islamic Republic of Mauritania on fishing off the
coast of Mauritania
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Community,
Having regard to the Act of Accession of Spain and Portugal , and in particular
Article 354(3 ) thereof ,
Having regard to the proposal from the Commission,
Whereas the Community and                                      Mauritania have negotiated
and initialled an Agreement on fishing off the coast of Mauritania , which
provides fishing opportunities for the fishermen of the enlarged Community in
the waters over which Mauritania has sovereignty or jurisdiction ;
Whereas         Council Decision 86 / 640 / EEC                   authorized Portugal to
extend its fisheries cooperation agreement ,                concluded with
Mauritania on 6 January 1984 ;
Whereas , in addition, in order to enable fishing by vessels of the enlarged Community to
continue , the two parties have initialled an exchange of letters providing for
the provisional application of the Agreement from 1 July 1987; whereas it is
therefore imperative to conclude that exchange of letters as soon as possible,
pending conclusion of the Agreement on the basis of Article 43 of the Treaty ,
1
  OJ No L 376, 31.12.1986, p. 111 .
 ---pagebreak--- HAS DECIDED AS FOLLOWS :
                                   Article 1
The Agreement in the form of an exchange of letters concerning the provisional
application of the Agreement between the European Economic Community and the
Islamic Republic of Mauritania on fishing off the coast of Mauritania is
hereby approved on behalf of the Community .
The text of the Agreement is attached to this Decision .
                                   Article 2
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 .
                                                       For the Council
                                                       The President
 ---pagebreak---                                                                                                    r
                            PROPOSAL FOR A COUNCIL REGULATION
concerning the conclusion of the Agreement between the European 'Economic
Community and the Islamic Republic of Mauritania on fishing off the coast of
Mauritania and adopting provisions for its application
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 Act of Accession of Spain and Portugal , and in particular
Article 155(2 ) ( b ) thereof .
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament,^
Whereas the Community and Mauritania have negotiated an Agreement , which was initialled on
14 May 1987, on fishing off the coast of Mauritania, which provides for fishing opportunities for
fishermen from the enlarged Community in the waters over which Mauritania has
sovereignty or jurisdiction;
Whereas ,    under Article 155(2)(b ) of the Act of Accession,                 the Council is
required to determine the procedures appropriate to take into consideration
all or part of the interests of the Canary Islands when it adopts decisions , V
case by case, in particular with a view to the conclusion of fisheries
agreements with third countries ; whereas the said procedures need to be
determined in this particular case;
                                                                                                  \
Whereas it is in the Community 's interest to approve this Agreement ,
HAS ADOPTED THIS REGULATION :
1
  OJ No
 ---pagebreak---                                    Article 1
The Agreement between the European Economic Community and the Islamic Republic
of Mauritania on fishing off the coast of Mauritania is hereby approved on
behalf of the Community .
The text of the Agreement is annexed to this Regulation .
                                   Article 2
To take into consideration the interests of the Canary Islands , the Agreement
and, to the extent necessary for its implementation , the provisions of the
common fisheries policy on the conservation and management of fishery
resources shall also apply to vessels sailing under the flag of Spain which
are recorded on a permanent basis in the registers of the competent
authorities at local level ( enregistros de base ) in the Canary Islands , as
such recording is defined in Note 6 of Annex I to Council Regulation ( EEC )
No 570/ 86 of 24 February 1986 concerning the definition of the concept of
"originating products" and methods of administrative cooperation in the trade
between the customs territory of the Community , Ceuta and Melilla and the
Canary Islands.^
                                   Article 3
The President of the Council is hereby authorized to designate the persons
empowered to sign the Agreement 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 .
Done at Brussels ,
                                                            For the Council
                                                            The President
  OJ L 56, 1.3.1986, p. 1 .
 ---pagebreak--- FINANCIAL STATEMENT
                                                                  1 DATE :
                                                                   I
 1 . BUDGET HEADING : 420                                APPROPRIATIONS :
 2 . TITLE : EEC-Mauritania fisheries agreement
 3 . LEGAL BASIS : EEC-Islamic Republic of Mauritania agreement on fishing off
                     the coast of Mauritania
4 . AIMS :     Agreement , plus protocol and annexes , for three-year period
               - financial compensation and fishing rights
               - financing of Mauritanian scientific programme
               - granting of EEC study and training awards
                                        PERIOD        CURRENT FINANCIAL !      FOLLOWING     |
 5 . FINANCIAL IMPLICATIONS              OF 12               YEAR          j FINANCIAL YEAR j
                                        MONTHS             ( 87 )          I     ( 88 )      I
5.0 EXPENDITURE                                                            !                 r
      - CHARGED TO THE EC                                                  I                 I
        BUDGET ( REFUNDS /                            7 040 000 ECU        I 7 040 000 ECU |
        INTERVENTIONS )                               (annual average ) ¡(annual average )
      - NATIONAL AUTHORITIES                                               I                 I
      - OTHER                                                              I                 I
                                                                           I                 I
 5.1 REVENUE                                                               I                 I
      - OWN RESOURCES OF THE EC                                            I                 I
        ( LEVIES / CUSTOMS DUTIES )
      - NATIONAL                                                           I                 I
                                                                I              I             I
                                       1987             1988    j    1989      j . ¡
                                                  I             I              I             I
 5.0.1 ESTIMATED EXPENDITURE        7 040 000 1 7 040 000 ¡7 040 000 j                       |
5.1.1 ESTIMATED REVENUE              ( annual j (annual j (annual |                          |
                                     average ) | average ) | average ) j                     j
5-2 METHOD OF CALCULATION:'
 Financial compensation :      total cost = 20 250 000 ECU
                              annual cost =     6 750 000 ECU
 Financing for Mauritania 's scientific programme : 600 000 ECU over three years
Study and training awards : Six five-year awards (9 000 ECU per award per year )
Total cost over three years : 270 000 ECU
6.0 CAN THE PROJECT BE FINANCED r^"APPROPRIATIONS ENTERED IN THE ‘RELEVANT
      CHAPTER OF THE CURRENT BUDGET?                                                      YES
6.1 CAN THE PROJECT BE FINANCED~BY_ TRANSFER“ BETWEEN CHAPTERS OF THE CURRENT
      BUDGET?                                                                             N0
7>V2 WILL' A' 3UPPLtMENTA*7~BI/DSrr BE' NE'C'E'S'S'ATJYr-N0~
6.3 WILL FUTURE BUDGET APPROPRIATIONS BE~NECESSARY?                          !           7E$
COMMENTS :
 ---pagebreak---                    IMPACT ON COMPETITIVENESS AND EMPLOYMENT
This measure aims to secure fishing opportunities for Community fishermen .
As a result shipowners will be required to undertake certain obligations
( including the payment of licence fees ),      but this will be more than
compensated for by the benefit of the increase in employment .
 ---pagebreak---                                          i
                                  DRAFT AGREEMENT
between the European Economic Community and the Islamic Republic of Mauritania
                             on fishing off Mauritania
THE EUROPEAN COMMUNITY , hereinafter referred to as the " Community", and
THE ISLAMIC REPUBLIC OF MAURITANIA , hereinafter referred to as "Mauritania ",
CONSIDERING the spirit of cooperation resulting from the Lome Convention and
the good relations between the Community and Mauritania ,
CONSIDERING the desire of the Government of Mauritania to promote the rational
management of its fishery resources by means of closer cooperation links ,
RECALLING  that ,   in respect of sea fishing ,        Mauritania exercizes its
sovereignty or jurisdiction over a zone extending up to two hundred nautical
miles from its coast ,
TAKING into account the United Nations Convention on the Law of the Sea signed
by both Parties ,
AFFIRMING that the exercize by coastal States of their sovereign rights in the
waters within their jurisdiction for the purposes of exploring , exploiting ,
conserving and managing the living resources thereof must be in accordance
with the principles of international law ,
AWARE of the significance of the fisheries sector for the overall balance of
the Mauritanian economy in view of Mauritania 's new fisheries policy ,
DETERMINED to conduct their relations in a spirit of mutual trust and respect
for each other 's interests ,
DESIROUS of establishing the terms and conditions governing fishing activities
of common interest to both parties ,
HAVE AGREED AS FOLLOWS :
 ---pagebreak---                                     Artide 1
The purpose of this Agreement is to establish the principles and rules which
will govern in future , in all respects , the fishing activities of vessels
flying the flag of the Community, hereinafter referred to as " Community
vessels ", in the waters over which Mauritania has sovereignty or jurisdiction
in respect of fisheries , hereinafter referred to as " Mauritania 's fishing
zone ", in accordance with the provisions of the United Nations Convention on
the Law of the Sea and other provisions of internaional law .
                                    Article 2
Mauritania undertakes to authorize Community vessels to fish in Mauritania 's
fishing zone in accordance with the terms of this Agreement .
                                    Article 3
1.   The Community undertakes to take all appropriate steps to ensure that its
vessels adhere to the provisions of this Agreement and the rules and
regulations governing fishing activities in Mauritania 's fishing zone in
accordance with the provisions of the United Nations Convention on the Law of
the Sea and other provisions of international law .
2 . The Mauritanian authorities shall notify the Commission of the European
Communities in advance of any changes to the said rules and regulations .
3; The measures taken by the Mauritanian authorities to regulate fisheries for
the purposes of conservation shall be based on objective and scientific
criteria .     Without prejudice to agreements concluded between developing
countries within the same geographical area , including reciprocal fisheries
agreements , they shall not discriminate against Community vessels .
 ---pagebreak---                                                                                  fa
                                      - 3 -
                                   Article 4
The Parties undertake to concert action ,          either directly or within
international organizations , to ensure the management and conservation of the
living resources of the Central East Atlantic ,   and to facilitate the relevant
scientific research .
                                    Article 5
The vessels authorized under this Agreement to fish in Mauritania 's fishing
zone shall be obliged to forward to the relevant Mauritanian authorities
statements of catches in accordance with the arrangements set out in the
Annex .
                                    Article 6
In return for the fishing opportunities agranted under this Agreement ,      the
Community shall pay compensation to Mauritania , in accordance with the
conditions and arrangements stipulated in the Protocol to the Agreement . This
compensation shall be without prejudice to the financing received by
Mauritania under the Lome Convention .
                                    Article 7
In the event of any dispute over the interpretation or application of this
Agreement , consultations shall be held between the Parties .
                                    Art ici e_ 8
The parties agree to consult over questions arising in connection with the
implementation and proper working of this Agreement .       To this end a Joint
Committee shall be set up to adopt practical measures relating to the
application of the Agreement . The joint Committee shall :
- supervise the implementation,      interpretation and proper working of the
Agreement ;
- constitute a point of contact in matters of mutual interest regarding the
fisheries sector .
The Committee shall meet annually , and at the request of either Contracting
Party, alternately in Mauritania and the Community .
 ---pagebreak---                                     Article 9
Should the Mauritanian authorities decide , as a result of a change in the
state of fish stocks , to introduce conservation measures which affect the
activities of Community vessels , consultations will be held between the
Parties in order to amend the Annex and the Protocol .
Such consultations shall be held in order to reduce the Community 's financial
contribution in proportion to any reduction of the fishing opportunities
provided for in the Protocol .
                                   Article 10
Nothing contained in this Agreement shall affect or prejudice in any manner
the views of either Party with respect to any question relating to the Law of
the Sea .
                                   Article 11
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 the Treaty and , on the other hand , to the territory of
the Islamic Republic of Mauritania .
                                   Article 12
The Annex and the Protocol form an integral part of this Agreement and a
reference to this Agreement includes the Annex and the Protocol .
                                   Article 13
This Agreement shall be concluded for an initial period of three years
commencing from the date of its entry into force .         In the event of the
Agreement not being terminated by either Party through notice of termination
given at least six months before the expiry of that initial period, it shall
remain in force for additional periods of two years , provided that notice of
termination has not been given at least three months before the expiry of each
such two-year period .
 ---pagebreak--- In the event of denunciation of the Agreement the Contracting Parties shall
enter into negotiations .   Before the expiry of the Protocol , negotiations
shall take place between the Parties to determine by mutual agreement the
amendments or additions to be made to the Annex or the Protocol .
                                   Article 14
This Agreement , drawn up in duplicate in the Arab , Danish , Dutch , English ,
French , German , Greek , Italian , Portuguese and Spanish languages , each of
these texts being equally authentic , shall enter into force on the date of its
signing .
 ---pagebreak---                                        PROTOCOL
            setting out fishing opportunities and financial compensation
                       for the period 1 July 1987-30 June 1990
                                       Article 1
From 1 July 1987,       for a period of three years ,     the fishing opportunities
accorded under Article 2 of the Agreement shall be as follows :
Spe cial i zed vessels
( a ) lobster boats                     3 500 GRT / month annual average
( b ) shrimp boats                     10 000 GRT / month annual average
( c ) black hake trawlers              15 000 GRT/ month annual average
By way of derogation, Community vessels fishing lobster may use gill nets for
a total tonnage of no more than 873 GRT in the first year of the Protocol 's
application .
2 . Coastal pelagic species
( a ) pelagic seiners                   2 000 GRT / month annual average
( b ) non-industrial pelagic seiners    3 500 GRT / month annual average
3 . Highly migratory species
( a ) pole-and- line tuna vessels       41 vessels
( b ) surface longliners                 4 vessels
Pole-and- line    tuna vessels are   also authorized to fish      for the live bait
needed for their fishing season ,     subject to the restrictions ( zones and mesh )
set out in the Annex .
 ---pagebreak---                                                                                  4y
                                      - 2 -
                                   Article 2
1.  The amount of the compensation referred to in Article 6 of the Agreement
shall be set , for the period referred to in Article 1 ,     at 20 250 000 ECU ,
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 at a financial
institution or any other body designated by Mauritania .
                                   Article 3
Opportunities to fish for demersal species shall be offered to Community
vessels should Mauritania decide , taking account of the state of stocks , to
reauthorize the fishing of these species by non-national vessels .
In this case , the financial compensation referred to in Article 2 shall be
increased proportionately pro rata temporis .
                                   Article 4
1 . The Community shall also contribute during the period referred to in
Article 1 up to 600 000 ECU towards the financing of Mauritanian scientific
and technical programmes (equipment ,       infrastructure , etc .) to improve
information on the fishery resources within Mauritania 's fishing zone .
2 . The competent Mauritanian authorities shall send to the Commission a brief
report on the utilization of the funds .
3 . The Community 's contribution to the scientific and technical programmes
shall be paid on each occasion into an account specified by Mauritania .
 ---pagebreak---                                          3
                                     Article 5
The Community shall facilitate the reception of Mauritanian nationals in
establishments in its Member States or in any other country linked to the
Community by a cooperation agreement and to that end it shall provide , during
the period referred to in Article 1 , six 5-year study and training awards ,
equivalent to a total of 30 academic years , in the various fisheries-related
scientific , technical and economic disciplines .
Two of those 5-year awards , for an amount not exceeding 90.000 ECU, may be
converted at Mauritania 's request into funding for the organization of seminars
on fishing in Mauritania or for participation in international meetings aimed at
improving fisheries knowledge .
                                     Article 6
Failure by the Community to make the payments provided for in this Protocol may
lead to the suspension of the fisheries Agreement .
                                     Article 7
The Parties shall encourage cooperation on fisheries matters .  They shall
encourage the integration of the interests of Community and Mauritanian
undertakings through joint ventures for the exploitation of fisheries resources
and the processing and marketing of fish products .
 ---pagebreak---                                         ANNEX
       Conditions for the pursuit      of fishing activities by Community
       vessels in Mauritania 's fishing zone
A. Licence application and issuing formalities
The procedure for applications for , and issue of , the licences enabling
Community vessels to fish in Mauritania 's fishing zone shall be as follows :
( a ) The issuing of a licence is subject to payment by the shipowner of a fee
including all national and local taxes except the expenses referred to in
point 4 .
( b ) The Commission of the European Communities shall present to the relevant
Mauritanian authorities , via the Delegation of the Commission in Mauritania ,
an application for each vessel that wishes to fish under this Agreement , drawn
up by the owner , 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 can be found in
Appendix 1 . Each licence application shall be accompanied by proof of payment
for the period of the licence 's validity .
( c ) Before receiving a licence, each vessel 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 .
( d ) Licences are 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 issued for another Community vessel
having the same characteristics .
(e)    The  licence shall  be delivered    to the   master of  the vessel  or  his
representative .    The delegation of the Commission of the European Communities
in Mauritania shall be notified of delivery .
 ---pagebreak--- ( f ) Licences must be held on board at all times .
( g ) The Mauritanian authorities shall specify the bank accounts and currencies
to be used for payment of fees before the entry into force of the Agreement .
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 twelve months .
( b ) The fees shall be set at 20 ECU per tonne caught within Mauritania 's
      fishing zone .
( c ) Licences shall be issued following payment to the Mauritian authorities of
      a lump sum of 2 000 ECU a year for each pole-and- line tuna vessel and each
      surface longliner , equivalent to the fees for :
      - 100 tonnes of tuna a year in the case of pole-and- line vessels ,
      - 100 tonnes of swordfish a year in the case of surface longliners .
      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 Mauritanian authorities and the
      Commission .   The corresponding amount shall be paid by the shipowners to
      the competent Mauritanian authorities no later than        31 March of the
      following year .
      The final statement of the fees due shall be drawn up by the Commission
      following verification of the volume of catch by a specialist scientific
      body in the region .     The final statement shall be communicated to the
      Mauritanian authorities and notified to the shipowners , who shall have
      thirty days to acquit their financial obligations .
      However , if the amount of the final statement is lower than the
      abovementioned advance , the resulting balance shall not be reimbursable .
      Furthermore , ships' masters shall fill in a log-book for each fishing
      season in Mauritania 's fishing zone in accordance with the specimen in
      Appendix II .
 ---pagebreak--- 2 . Provisions applicable to other vessels
( a ) Licences for these vessels shall be issued for periods of twelve months
      and shall be renewable .
( b ) The licence fees to be paid by shipowners ,   expressed in ECU per GRT per
      year , are as follows :
      - 1 . Specialized vessels
            ( a ) lobster boats              121
            ( b ) shrimp boats               138
            ( c ) black hake trawlers         71
      - 2 . Coastal pelagic species
            pelagic seiners                   55
            non-industrial pelagic seiners    55
C. Statement of catch
1 . All vessels authorized to fish in Mauritania 's fishing zone under the
Agreement shall be obliged to forward to the " Centre National de Recherche
Oceanographique et des P§ches " ( C.N.R.O.P. ) in Nouadhibou, via the Commission
delegation at Nouakchott , a statement of their catch made out according to the
specimen in Appendix III to the Agreement .
These statements of catch must be drawn up for each month and presented at
least once every six months .
2 . Should these provisions not be adhered to , Mauritania reserves the right to
suspend the licence of the offending vessel until the formality has been
complied with . In this case , the Commission delegation at Nouakchott shall be
informed immediately .
 ---pagebreak---                                                                                    V
                                        - 4 -
D. Si gning on of seamen
1 . Owners of Community vessels engaged in activities in Mauritania 's fishing
zone shall employ Mauritanian fishermen and seamen to make up 35% of the non¬
officer crew engaged in manning the vessel or fishing operations at the rates
of pay applicable to seamen on Mauritanian vessels .
2 . However, for the duration of this Protocol , the percentage of fishermen and
seamen actually taken on board may not be lower than 25% . In this case ,
shipowners are required to pay compensation to the Mauritanian authorities of
200 ECU/month for each seaman of the number constituting the difference
between the 35% quota and the number of seamen actually employed on board .
The compensation shall be used for the training of Mauritanian fishermen .
3 . At the request of the Mauritanian authorities , Community vessels shall take
on board a fisherman / scientific observer as part of the 35% quota .          The
presence of this fisherman / scientific observer may not prejudice fishing
operations .
4 . The employment contracts of the fishermen shall be drawn up in Mauritania
between the shipowners' representatives and the fishermen in agreement with
the Mauritanian fisheries authorities .     These contracts shall cover the social
security arrngements applicalbe to the fishermen ( including life , accident and
sickness insurance ).
E. Ins pecti on and monit oring of fishing activiti es
Any Community vessel fishing in Mauritania 's fishing zone shall allow on board
and assist in the accomplishment of his duties any Mauritanian official
responsible for inspecting and monitoring fishing activities .
These officials should not remain on board any longer than the time required
to carry out their duties .
F. En tering and leaving the fishi ng zone
Community vessels, except those of less than 150 GRT, fishing in Mauritania 's
fishing zone under the Agreement , shall radio the date , time and their
position to the Nouadhibou radio station ( call sign FC5TA ) whenever entering
or leaving the zone .
 ---pagebreak---                                                                                ÿ-
                                       - 5 -
6 . Fishing zones
The fishing zones to which Community vessels shall have access are the waters
referred to in Article 1 of the Agreement beyond the following limits :
Lobster boats
3 nautical miles from the base lines north of Cap Timiris
6 nautical miles from the base lines south of Cap Timiris
Shrimp boats
6 nautical miles from the base lines
Black hake trawlers
12 nautical miles from the base lines
Pelagic sei ners , including non-industrial pelagic seiners
6 nautical miles from the base lines
Pole-and- line tuna vessels and surface longliners
3 nautical miles from the base lines
Pole-and- line tuna vessels fishing with live bait
3 nautical miles from the base lines up to 12 nautical miles from the base
lines , south of Cap Timiris
H. By-catch
Vessels fishing shrimp, black hake and coastal pelagic species may not hold on
board by-catch amounting to more than 10% of the total weight of the catch .
I. Authorized mesh sizes
Authorized mesh sizes shall be those specified in Mauritanian legislation,
namely :
40 mm for use on shrimp boats
60 mm for use on vessels fishing black hake
20 mm for use on pelagic seiners , including non-industrial pelagic seiners
8 mm for use on pole-and- line tuna vessels fishing with live bait
 ---pagebreak---                                                                     Appendix I
       APPLICATION FORK FOR A LICENCE TO FISH IN NAURITANIA 'S FISHING ZONE
APPLICANT
Name , first name and/or name of company :
Profession .
Commercial registration number .
Address .
VESSEL
Name .
Registration number .
Date and place of construction .
Country of registration .
Externat identification .
Overall length .
Width .
Gross registered tonnage .
Net registered tonnage .
Engine type and horse power .
Number of seamen on board .
Type of fishing for which authorization is requested :
- crustaceans : type .
- black hake .
- pelagic : species .
- tuna .
 ---pagebreak--- Gear and mesh used for this fishing
Is this a freezer vessel ? .
If so , specify :
- Total refrigerating capacity .
- Freezer capacity .
- Hold capacity ... .
Period for which licence is requested
Date of application .
Name and signature
 ---pagebreak---                                                                                                                                                                                                                                     Appendix II
f<T
                                                                                                                       ICCAT LOGBOOK for TUNA FISHERY
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 ---pagebreak---                                                                                                   Append±x_jm.
       Name of vessel                          CATCH DECLARATION
                                                                                      Owner :
                                            Fishing gear employed                     Consignee :
                                                                                      Licence No :
                                                                                      Engine power :
                                                                                      Gross registered tonnage
         Trawl                      Seine                        Other gear
Type and No                    Type
Mesh size of codend            Mesh size
Headline                       Length
Rigging                        Net depth
Date of leaving :                          Information on fishing activities
                                                                                 Date of return :
           Date       Fishing zone     Sounding '     Fishing time 1      Species caught              Total ( kg )
2/
3/
4/
5/
6/
7/
8/
9/
10 /
11 /
12 /
13 /
14 /
15 /
16 /
17 /
18 /
19 /
20 /
21 /
22 /
23 /
24 /
25 /
26 /
27 /
28 /
29 /
30 /
31 /
 ---pagebreak---                                        Draft
                                     AGREEMENT
      in the form of an exchange of letters concerning the provisional
      application of the Agreement amending the Agreement between the
      European Economic Community and the Islamic Republic of Mauritania
      on fishing off the coast of Mauritania , signed in Brussels on 14
      May 1987, for the period 1 July 1987-30 June 1990
A. Letter from the Islamic Republic of Mauritania
Sir ,
With reference to the Agreement between the European Economic Community and
the Islamic Republic of Mauritania concerning fishing off Mauritania ,
initialled in Brussels on 14 May 1987, I have the honour to inform you that
the Islamic Republic of Mauritania is ready to apply this Agreement on a
provisional basis , with effect from 1 July 1987, until its entry into force in
accordance with Article 14 of the said Agreement , provided that the European
Economic Community is disposed to do the same .
This is on the understanding that payment of a first instalment equal to one
third of the financial compensation specified in the Agreement is effected by
31 October 1987 .
I should be obliged if you would confirm the European Economic Community 's
agreement to such provisional application .
Please accept . Sir , the assurance of my highest consideration .
                                            For the Government of the Islamic
                                                 Republic of Mauritania
 ---pagebreak--- B. Letter from the European Economic Community
Si r ,
I am in receipt of your letter of today 's date , which reads as follows :
" With reference to the Agreement between the European Economic Community and
the Islamic Republic of Mauritania concerning fishing off Mauritania ,
initialled in Brussels on 14 May 1987, I have the honour to inform you that
the Islamic Republic of Mauritania is ready to apply this Agreement on a
provisional basis , with effect from 1 July 1987, until its entry into force in
accordance with Article 14 of the said Agreement , provided that the European
Economic Community is disposed to do the same .
This is on the understanding that payment of a first instalment equal to one
third of the financial compensation specified in the Agreement is effected by
31 October 1987 .
I should be obliged if you would confirm the European Economic Community 's
agreement to such provisional application ."
I have the honour to confirm the European Economic Community 's agreement to
this provisional application of the Agreement .
Please accept . Sir , the assurance of my highest consideration .
                                                  For the Council
                                            of the European  Communities